HomeMy WebLinkAboutItem #08 Approval of the Second Amendment to the Development Agreement of Westyn Bay Commercial Planned Unit Development (PUD) ocoee
florida
AGENDA ITEM STAFF REPORT
Meeting Date: April 19, 2016
Item #
Reviewed By: ‘,/ -
Contact Name: J. Antonio Fabre, AICP Department Director:
Contact Number: 407-905-3100/1019 City Manager: z/
Subject: Approval of the Second 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 Commissioners as presented.
Subsequently, the Applicant has requested amending certain Conditions of Approval (COAs) relating to the
responsibilities for the Property Owners Association, Streets (internal roadways), and Commercial lot sizes.
All requested changes are for clarification related to the existing Westyn Bay Commercial PUD. Staff supports
the requested changes as requested.
Issue:
Should the Honorable Mayor and Commissioners approve the Second Amendment to the Development
Agreement for Westyn Bay Commercial PUD?
Staff Recommendation:
Staff recommends that the Mayor and City Commissioners approve the Second Amendment to the
Development Agreement for Westyn Bay Commercial PUD.
Attachments:
-Second Amendment changes to COAs(Strikethrough and Underline).
-Second 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
Conditions of Approval,Section D.Association:
1. All common areas will-be-owned not exclusive to any individual parcel shall be maintained by either
the property owner's association for the commercial portion of the project or the homeowner's
association for the residential portion of the project.
2 (ii). Provision granting the City the right, but not the obligation,to maintain all common areas not
exclusive to any individual parcel should the Association fail to do so after notice from the City.To the
extent that the City undertakes such action,the City shall be entitled to reimbursement from the
Association and shall be entitled to require the Association to levy assessments for the purposes of
paying such reimbursement.
Conditions of Approval,Section E. Streets:
2. The internal access road through and all paved areas in the commercial portion of the project is a
private road which will be maintained by the property owners' association for the commercial portion of
the project,with access and easements granted to the City.
Conditions of Approval, Section H. Commercial Projects:
1.All commercial lots will be a minimum of one(1)acre in size;provided, however, one (1)commercial
lot shall be permitted to be less than one (1) acre in size.
PREPARED BY AND RETURN TO:
Dana Crosby Collier,Esq.
Shuffield,Lowman&Wilson,P.A.
1000 Legion Place,Suite 1700
Orlando,FL 32801
407-581-9800
For Recording Purposes Only
SECOND AMENDMENT TO DEVELOPMENT AGREEMENT
(Westyn Bay Commercial)
THIS FIRST AMENDMENT TO DEVELOPMENT AGREEMENT (this "Second
Amendment") is made and entered into as of the day of , 2016 (the "Effective
Date"), by and between OCOEE PARTNERS I, LLC, a Delaware limited liability company,
whose mailing address is 13024 Ballantyne Corporate Place, Suite 500, Charlotte, North
Carolina 28277 (the "Owner"), as successor-in-interest to OCOEE LAND TRUST, a Delaware
Statutory Trust, 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, and recorded in Official Records Book 10829, Page 2414,
Public Records of Orange County, Florida(the"Development Agreement"); and
WHEREAS,the City and Owner previously entered into that certain First Amendment to
Development Agreement dated December 9, 2015, and recorded in Official Records Book
11032, Page 2477,Public Records of Orange County, Florida(the "First Amendment"); and
WHEREAS, the City and Owner desire to execute this Second Amendment in order to
update and revised certain conditions of approval related to the development of the Property.
4811-3960-2192.2
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. Conditions of Approval. The following provisions of Exhibit `B"to the
Development Agreement are hereby revised to read as follows:
Conditions of Approval, Section D. Association:
1. All common areas not exclusive to any individual parcel shall be maintained
by either the property owner's association for the commercial portion or the
homeowner's association for the residential portion of the project.
2 (ii). Provision granting the City the right, but not the obligation, to maintain all
common areas not exclusive to any individual parcel should the Association fail
to do so after notice from the City. To the extent that the City undertakes such
action, the City shall be entitled to reimbursement from the Association and shall
be entitled to require the Association to levy assessments for the purposes of
paying such reimbursement.
Conditions of Approval, Section E. Streets:
2. The internal access road through and all paved areas in the commercial portion
of the project is a private road which will be maintained by the property owners'
association for the commercial portion of the project, with access and easements
granted to the City.
Conditions of Approval, Section H. Commercial Projects:
1. All commercial lots will be a minimum of one (1) acre in size; provided,
however, one (1) commercial lot shall be permitted to be less than one (1) acre in
size.
All other provisions of Exhibit `B" to the Development Agreement that are not specifically
amended herein remain unchanged and in full force and effect.
Section 3. Ratification of Prior Agreements. Except as amended hereby, the
Development Agreement and First Amendment remain 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 and First Amendment thereto. All references herein to the
Development Agreement shall refer to the Development Agreement as amended by the First
Amendment and this Second Amendment unless the text or context indicates otherwise. In the
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4811-3960-2192.2
event of any conflict between the Land Use Plan, the Development Agreement, and the First
Amendment to Development Agreement, it is agreed that this Second Amendment shall control.
Section 4. Covenant Running with the Land. This Second 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.
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 Second 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 Second 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 PARTNERS I,LLC,a Delaware
limited liability company
Print Name '� 2-14. Name: 6.e.•••• ...
Its: /4.4.6-4".- '
Print Name ��L Q W_t3o 1 (SEAL)
STATE OF K01441 1, T`1 n(C-
COUNTY OF VV / 9/
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 Partners I, a Delaware limited liability company, who [ /1 is
personall 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 �q
day of Q,h(1,{ , 2016.
(),4\AA\,/ MaK-(1.6
Lynne C.Takac✓lrr��ti Signature of,�io� r
Y (lf../i1
Notary Public I.
Meckienburc County
North Caroline N e of Notary(Typed, Printed orl� am e
5 M Commission Ex.fires'711 201£i Commission Number(if not legible on seal): I U O D
My Commission Expires(if not legible on seal): —1 3 f
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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:
Print Name:
Beth Eikenberry, City Clerk
(SEAL)
FOR USE AND RELIANCE ONLY BY THE
CITY OF OCOEE,FLORIDA.
Approved as to form and legality this day
of ,2016.
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 , 2016.
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