HomeMy WebLinkAboutItem #05 Approval of the First Amendment to the Development Agreement Westyn Bay Commercial Planned Unit Development (PUD) (1)(lIE)
florida
AGENDA ITEM STAFF REPORT
Meeting Date: December 15, 2015
Item #
Reviewed By:
Contact Name: J. Antonio Fabre, AlC6 Department Director:
Contact Number: 407-905-3100/1019 City Manager:
Subject: Approval of the First Amendment to the Development Agreement
Westyn Bay Commercial Planned Unit Development (PUD)
Project No(s): LS-2015-005
Commission District# 1 —John Grogan
Background/Summary:
On October 7, 2014, the City Commission reviewed and approved the Westyn Bay Commercial PUD and
corresponding Land Use Plan for subject property. On September 15, 2015, the Preliminary/Final Subdivision
Plan for Westyn Bay Commercial PUD was approved by the City Commission, as presented. Accordingly, the
Development Agreement is required to be amended in order to be consistent with the Approved
Preliminary/Final Subdivision Plan. As a result, the First Amendment to the Development Agreement
incorporates the final agreed upon off-site improvements (Section 5) for the Westyn Bay Commercial PUD.
Issue:
Should the Honorable Mayor and Commissioners approve the First Amendment to the Development
Agreement for Westyn Bay Commercial PUD?
Staff Recommendation:
Staff recommends that the Mayor and City Commissioners approve the First Amendment to the Development
Agreement for Westyn Bay Commercial PUD.
Attachments:
First Amendment To the Development Agreement(Westyn Bay Commercial).
Financial Impact:
None.
Type of Item : (please mark with an x')
Public Hearing For Clerk's Dept Use:
Ordinance First Reading X Consent Agenda
Ordinance Second Reading Public Hearing
Resolution Regular Agenda
X Commission Approval
Discussion&Direction
Original Document/Contract Attached for Execution by City Clerk
Original Document/Contract Held by Department for Execution
Reviewed by City Attorney N/A
Reviewed by Finance Dept. X N/A
Reviewed by ( ) N/A
PREPARED BY AND RETURN TO:
Scott A.Cookson,Esq.
Shuffield,Lowman&Wilson,P.A.
1000 Legion Place,Suite 1700
Orlando,FL 32801
407-581-9800
For Recording Purposes Only
FIRST AMENDMENT TO DEVELOPMENT AGREEMENT
(Westyn Bay Commercial)
THIS FIRST AMENDMENT TO DEVELOPMENT AGREEMENT (this
"Amendment") is made and entered into as of the day of , 2015 (the "Effective
Date"), by and between OCOEE LAND TRUST, a Delaware Statutory Trust, whose mailing
address is 450 E. Los Olas Boulevard, Suite 730, Ft. Lauderdale, Florida 33301 (the "Owner"),
and the CITY OF OCOEE, a Florida municipal corporation, whose mailing address is 150
North Lakeshore Drive, Ocoee, Florida 34761, Attention: City Manager (hereinafter referred to
as the "City").
WITNESSETH:
WHEREAS, pursuant to the Ocoee Land Development Code, the Owner and the City
must enter into a development agreement incorporating all plans and conditions of approval by
reference; and
WHEREAS, the City and Owner previously entered into that certain Development
Agreement dated October 8, 2014, as recorded in Official Records Book 10829, Page 2414,
Public Records of Orange County, Florida (the "Development Agreement", and together with
this Amendment, the "Amended Development Agreement"); and
WHEREAS, subsequent to the execution of the Development Agreement, Orange
County, the City, and the Owner agreed that the raised median required under the Development
Agreement is not required to be built by Owner: and
WHEREAS, the City and Owner wish to amend the Development Agreement to remove
this requirement; and
4811-3960-2192.2
WHEREAS, the City and Owner desire to execute this Amendment in order to evidence
their mutual agreement as to certain matters related to the development of the Property in
accordance with the Land Use Plan.
NOW, THEREFORE, in consideration of the premises and other good and valuable
considerations exchanged between the parties hereto, the receipt and sufficiency of which is
hereby acknowledged, the parties hereto agree as follows:
Section 1. Recitals; Definitions. The above recitals are true and correct and
incorporated herein by this reference. All capitalized terms not otherwise defined herein shall be
as defined or described in the Development Agreement or the Land Use Plan, unless otherwise
indicated.
Section 2. Commercial Site Offsite Improvements. Section 5 of the Development
Agreement is hereby revised to read as follows:
Section 5. Commercial Site Offsite Improvements.
A. As depicted on the Land Use Plan, the northernmost entrance to the commercial site
off of Ocoee-Apopka Road shall be a right in/right out access with the construction of a
raised median to prevent left turns for the northbound traffic.
B. As depicted on the Land Use Plan, the entrance to the commercial site off of Ocoee
Crown Point shall be a full access point aligned across from Latilla Drive.
Such improvements shall be constructed a the Owner's sole cost and expense without credit or
reimbursement from the City and such improvements shall be constructed in accordance with all
governmental permits and requirements at the time of such construction. In the event such
improvements are not constructed, the City shall be under no obligation to issue a building permit
or a certificate of completion for any improvements on the commercial site.
Section 3. Ratification of Prior Agreements. Except as amended hereby, the
Development Agreement remains unchanged and in full force and effect, and each of the parties
hereto hereby ratifies and confirms the terms and conditions of the Development Agreement. All
references herein to the Development Agreement shall refer to the Development Agreement as
amended by this Amendment unless the text or context indicates otherwise. In the event of any
conflict between the Development Agreement and this Amendment it is agreed that this
Amendment shall control.
Section 4. Covenant Running with the Land. This Amendment shall run with the
Property and inure to and be for the benefit of the parties hereto and their respective successors
and assigns and any person, firm, corporation, or entity who may become the successor in
interest to the Property or any portion thereof.
Section 5. Recordation of Amendment. The parties hereto agree that an executed
original of this Amendment shall be recorded by the City, at the Owner's expense, in the Public
Records of Orange County, Florida.
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4811-3960-2192.2
Section 6. Counterparts. This Amendment may be executed in any number of
counterparts, each of which shall be deemed to be an original but all of which together shall
constitute one and the same instrument.
Section 7. Effective Date. This Amendment shall first be executed by the Owner
and submitted to the City for approval by the Ocoee City Commission. Upon approval by the
Ocoee City Commission, this Amendment shall be executed by the City. The Effective Date of
this Agreement shall be the date of execution by the City.
SIGNATURES TO FOLLOW
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4811-3960-2192.2
IN WITNESS WHEREOF, the Owner and the City have caused this instrument to be
executed by their duly authorized elected officials, partners, and/or officers as of the day and
year first above written.
Signed, sealed and delivered OWNER:
in the presence of:
OCOEE LAND TRUST, a Delaware Statutory
Trust
By:
Print Name Name:
Its:
Print Name
(SEAL)
STATE OF
COUNTY OF
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the
State and County aforesaid to take acknowledgments, personally appeared George A. Morgan,
III, the Manager of Ocoee Land Trust, a Delaware Statutory Trust, who [ 1 is personally
known to me or [ 1 produced as identification, and that
he/she acknowledged executing the same on behalf of said corporation and limited partnership in
the presence of two subscribing witnesses, freely and voluntarily, for the uses and purposes
therein expressed.
WITNESS my hand and official seal in the County and State last aforesaid this
day of , 2015.
Signature of Notary
Name of Notary (Typed, Printed or Stamped)
Commission Number(if not legible on seal):
My Commission Expires(if not legible on seal):
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4811-3960-2192.2
CITY:
Signed, sealed and delivered
in the presence of: CITY OF OCOEE,FLORIDA
By:
Print Name: Rusty Johnson, Mayor
Attest:
Beth Eikenberry , City Clerk
Print Name:
(SEAL)
FOR USE AND RELIANCE ONLY BY THE
CITY OF OCOEE,FLORIDA.
Approved as to form and legality this day
of ,2015.
SHUFFIELD, LOWMAN & WILSON,P.A.
By:
City Attorney
STATE OF FLORIDA
COUNTY OF ORANGE
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the
State and County aforesaid to take acknowledgments, personally appeared RUSTY JOHNSON
and BETH EIKENBERRY, personally known to me to be the Mayor and City Clerk,
respectively, of the CITY OF OCOEE, FLORIDA and that they severally acknowledged
executing the same in the presence of two subscribing witnesses, freely and voluntarily under
authority duly vested in them by said municipality.
WITNESS my hand and official seal in the County and State last aforesaid this
day of , 2015.
Signature of Notary
Name of Notary (Typed, Printed or Stamped)
Commission Number(if not legible on seal):
My Commission Expires(if not legible on seal):
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4811-3960-2192.2