HomeMy WebLinkAboutItem #04 Approval of the Ocoee Crown Point Planned Unit Development (PUD) Use Agreement ocoee
florida
AGENDA ITEM COVER SHEET
Meeting Date: February 6, 2018
Item #
Reviewed By:
Contact Name: Michael Rumer Department Director:
Contact Number: Ext. 1018 City Manager: Rob Fran
yfil,"'"--6
Subject: Ocoee Crown Point PUD, Use Agreement
Background Summary:
Mattamy Orlando, LLC, a Delaware limited liability company, is the owner and developer of Ocoee Crown Point
PUD. The Preserve at Crown Point Homeowner's Association ("HOA") is the homeowners association for the
Project.
The HOA has requested the City of Ocoee enter into a Use Agreement with the HOA to allow the HOA to
install, construct, and maintain improvements, in the form of additional landscaping and an irrigation system on
public land identified as "Tract B", located in the northwest intersection of the traffic circle at Stonegate Drive
and Ocoee Crown Point Pkwy.
The HOA is requesting the Use Agreement in order to enhance the appearance of the entrance to the Preserve
at Crown Point Subdivision. The HOA will plant additional trees and shrubs, provide maintenance to the area,
and provide additional irrigation to adequately maintain the landscaping. The City in turn will be removed from
maintenance obligations. The Use Agreement binds the property for a ten (10) year period. This will allow the
transition of maintenance back to the City if at such time the HOA, which may be under the full control of the
residents to remove the obligation without the necessity to amend the agreement before the City Commission.
DISCUSSION:
In order to proceed with allowing the HOA to install improvements on the public land, the City requires that the
HOA agree to be solely responsible for the improvements and maintenance thereof, as well as maintaining
insurance on the property and indemnifying the City for any loss associated with the property or the HOA's
improvements.
The attached Use Agreement is drafted to ensure that the HOA's use is non-exclusive and to ensure that the
HOA perpetually maintains the area. The Use Agreement includes provisions for indemnification of the City in
the event of damage or loss to the City as a result of the HOA's use and requires the HOA carry insurance on
the property.
The City's Risk Manager has approved the insurance and indemnification provisions in this Use Agreement.
Issue:
Should the Honorable Mayor and City Commission approve and authorize the Mayor to execute the Use
Agreement allowing for the HOA to install and maintain landscaping and an irrigation system on the public land
identified as "Tract B", located in the northwest intersection of the traffic circle at Stonegate Drive and Ocoee
Crown Point Pkwy?
Staff Recommendation:
Staff recommends that the Honorable Mayor and City Commission approve and authorize the Mayor to execute
the Use Agreement allowing for the HOA to install and maintain landscaping and an irrigation system on the
public land identified as "Tract B", located in the northwest intersection of the traffic circle at Stonegate Drive
and Ocoee Crown Point Pkwy.
Attachments:
Use Agreement
Location Map
Aerial 2017
Financial Impact:
None
Type of Item: (please mark with an "x")
Public Hearing For Clerk's Deaf 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 Dana Crosby-Collier N/A
Reviewed by Finance Dept. N/A
Reviewed by 0 N/A
JULI SIMAS JAMES
PARTNER
Shutts 1i Bowen LLP
300 South Orange Avenue
Suite 1600
Orlando, Florida 32801
Member Florida Bar
DIRECT (407)835-6774
FAX (407)849-7274
EMAIL jjames@shutts.com
January 11, 2018
VIA HAND DELIVERY
Dana Crosby-Collier, Esquire
Shuffleld Lowman
1000 Legion Pl., Suite 1700
Orlando, FL 32801-1028
Re: Mattamy/Crown Point p/f City of Ocoee- Use Agreement
Client-Matter No. 28830.0040
Dear Dana:
Enclosed with this letter please find the Use Agreement originally executed by The
Preserve at Crown Point Homeowners Association, Inc.
Please advise once the City has approved and executed.
Should you have any questions please don't hesitate to contact me.
incerel ,
S tts & Bowen . '
1111L, es
CAT/jba
Enclosure
cc: Leslie C. Candes, Esq. (via e-mail, w/encl.)
Chuck Bell (via e-mail, w encl.)
Drew Abel (via e-mail w encl.)
Derek Lovett(via e-mail, w encl.)
Kenneth W. Wright, Esq. (via e-mail,w encl.)
ORLDOCS 15857760 1 28830.0040
shutts.com I FORT LAUDERDALE I JACKSONVILLE I MIAMI I ORLANDO I SARASOTA I TALLAHASSEE I TAMPA 1 WEST PALM BEACH
THIS INSTRUMENT PREPARED BY:
Dana Crosby-Collier, Esq.
SHUFFIELD,LOWMAN&WILSON, P.A.
1000 Legion Place,Suite 1700
Post Office Box 1010
Orlando, FL 32801
(407)581-9800
AFTER RECORDING RETURN TO:
Melanie Sibbitt,City Clerk
CITY OF OCOEE
150 N.Lakeshore Drive
Ocoee,FL 34761
(407)656-2322 For Recording Purposes Only
USE AGREEMENT
(Ocoee Crown Point PUD)
THIS USE AGREEMENT (the "Agreement") is made and entered into as of the
day of , 2017 by and between CITY OF OCOEE, a Florida municipal
corporation existing under the laws of the State of Florida, whose mailing address is 150 N.
Lakeshore Dr., Ocoee, Florida 34761, Attention: City Manager (the "City") and THE
PRESERVE AT CROWN POINT HOMEOWNERS ASSOCIATION, INC., a Florida non-
profit corporation (the"Association"), whose mailing address is 1900 Summit Tower Blvd#500,
Orlando,Florida 32810.
WITNESSETH:
WHEREAS, Mattamy Orlando, LLC, a Delaware limited liability company (the
"Developer") is the owner and developer of that certain real property located within the corporate
limits of the City of Ocoee, which is more particularly described on Exhibit A attached hereto
and incorporated herein by this reference(the "Property"); and
WHEREAS, Developer has constructed or is constructing a residential project on the
Property known as Ocoee Crown Point PUD (the"Project"); and
WHEREAS,the Association is the homeowners association for the Project; and
WHEREAS, the Association desires to enter into an Agreement with the City whereby
Association, or its agent or assigns, will obtain a non-exclusive right to install, construct, and
maintain the following improvements: landscaping and an irrigation system (collectively the
"Improvements") within the area dedicated to public use, said area being more particularly
described as Tract B, Ocoee Crown Point PUD, Phase 1, as recorded at Plat Book 63, Page 24,
Public Records of Orange County, Florida(the"Dedicated Area"); and
WHEREAS, the City requires that the Association be solely responsible for the
fulfillment of certain commitments and covenants to assure the perpetual and continuous
ORLDOCS 15626734 4 28830.0040
maintenance of any such Improvements which commitments and covenants are more particularly
set forth herein.
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; Defmitions. The above recitals are true and correct and
incorporated herein by this reference.
Section 2. License. Subject to the terms and conditions provided in this Agreement,
the City hereby grants the Association the non-exclusive right, privilege and license to access,
install upon, construct upon, and use the Dedicated Area for the purposes described hereinafter.
Section 3. Use of Public Property. In the event the Association materially damages
any portion of the Dedicated Area while installing or maintaining the Improvements, the
Association shall restore the Dedicated Area to the substantially the same condition as prior to
the damage occurring. Nothing contained herein shall give or grant to the Association any
ownership rights in the Dedicated Area.
Section 4. Improvements. Any Improvements that, in the City's reasonable
discretion, may impede the functional operation of planned, proposed, or existing underdrains
shall not be permitted under this Agreement. The Improvements shall be established and
maintained in such a manner as not to interfere with the use of the Dedicated Area by the public
nor create a safety hazard on such Dedicated Area. If City determines, in its sole discretion, that
the Improvements do present a safety hazard, then the Association, at its sole expense and at no
cost to the City, shall adjust or relocate the Improvements in such a manner as to eliminate the
hazard,to the reasonable satisfaction of the City.
Section 5. Removal/Relocation. If, in the sole opinion of the City, the Improvement
interferes with any construction, reconstruction, alteration, improvements, or maintenance which
the City desires to perform on, around, or under the Dedicated Area, then the Association, upon
written notice from the City, shall remove or relocate the Improvements as requested by the City,
to the City's satisfaction within thirty (30) days of the written notice at the sole expense of the
Association.
Section 6. Indemnification. To the fullest extent permitted by law, the Association
shall defend, indemnify, and hold harmless the City of Ocoee from and against all claims,
damages, losses, and expenses, including reasonable attorneys' fees and costs, arising out of or
resulting from the performance of its operations under this Agreement. The Association shall
indemnify and hold harmless City from and against all expenses, costs, or claims for any
damages to the Improvements which may result from the use of the Dedicated Area by the City
or any other governmental body or utility authority due to maintenance, construction,installation,
or other proper use within the Dedicated Area.
ORLDOCS 15626734 4 28830.0040 -2-
Section 7. Insurance. Throughout the duration of this Agreement, the Association
shall maintain and keep in full force, effect, and good standing, such insurance as described
below:
Comprehensive General Liability (Occurrence Form) - This policy should name the City of
Ocoee as an additional insured and should indicate that the insurance of the Association is
primary and non-contributory.
• $2,000,000 GENERAL AGGREGATE
• $2,000,000 PRODUCTS-COMPLETED OPERATIONS AGGREGATE
• $1,000,000 PER OCCURRENCE
• $1,000,000 PERSONAL&ADVERTISING INJURY
• Include Waiver of Subrogation in favor of the City of Ocoee
Automobile Bodily Injury Liability&Property Damage Liability
• $1,000,000 Combined single limit per occurrence(each person, each accident)
• All covered automobile will be covered via symbol 1
• Liability coverage will include hired&non-owned automobile liability
• Include Waiver of Subrogation in favor of The City of Ocoee
Worker's Compensation. The Association shall obtain through the duration of this Agreement,
Worker's Compensation Insurance with Employer's Liability Limits of
$500,000/$500,000/$500,000 for all the Association's employees connected with the work of the
Improvements.
Section 8. Notice. Any notice delivered with respect to this Agreement shall be in
writing and be deemed to be delivered (whether or not actually received)when(i)hand delivered
to the other party, or (ii) when sent by overnight courier service for next business day delivery
(i.e., Federal Express), addressed to the party at the address set forth on the first page of this
Agreement, or such other person or address as the party shall have specified by written notice to
the other party delivered in accordance herewith.
Section 9. Covenant Running with the Land. This Agreement 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; provided, however, this Agreement shall automatically
terminate and cease to apply to an individual platted residential lot at such time as the lot is
conveyed to an end user for use as a residence.
ORLDOCS 15626734 4 28830.0040 -3-
Section 10. Recordation of Agreement. The parties hereto agree that an executed
original of this Agreement shall be recorded by the City, at the Association's expense, in the
Public Records of Orange County, Florida.
Section 11. Applicable Law. This Agreement and the provisions contained herein
shall be construed, controlled, and interpreted according to the laws of the State of Florida.
Section 12. Amendment. This Agreement constitutes the entire agreement between
the parties, and supersedes all previous discussions, understandings and agreements,with respect
to the subject matter hereof. Amendments to and waivers of the provisions of this Agreement
shall be made by the parties only in writing by formal amendment.
Section 13. Duration. Subject to the provisions of Section 9, the provisions,
restriction, and covenants of this Agreement shall run with and bind the land for a period of ten
(10) years from the date this Agreement is recorded in the Public Records of Orange County,
Florida, unless sooner terminated by a written instrument, signed by both parties.
Notwithstanding any other provision, City shall have the right to terminate this Agreement upon
thirty (30) days written notice to the Association. Any such termination document shall be
recorded by in the Public Records of Orange County, Florida.
Section 14. Compliance with Laws. The Association shall comply with all
applicable state laws and City ordinances.
Section 15. Disclaimer of City Responsibility. Nothing herein shall create any
obligation on the part of the City to maintain or participate in the maintenance of the
Improvements.
Section 16. Counterparts. This Agreement 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 17. Captions. Captions of the Sections and Subsections of this Agreement are
for convenience and reference only, and the words contained therein shall in no way be held to
explain, modify, amplify or aid in the interpretation, construction, or meaning of the provisions
of this Agreement.
Section 18. Severability. If any word, sentence, phrase, paragraph, provision, or
portion of this Agreement is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, such portion shall be deemed a separate, distinct, and independent
provision and such holding shall not affect the validity of the remaining portion hereof so long as
the purpose and intent of this Agreement can still be achieved.
Section 19. Effective Date. The Effective Date of this Agreement shall be the day this
Agreement is approved by the City. Such date shall be inserted on Page 1 of this Agreement.
SIGNATURES TO FOLLOW
ORLDOCS 15626734 4 28830.0040 -4-
IN WITNESS WHEREOF, the Association 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 ASSOCIATION:
in the presence of: THE PRESERVE AT CROWN POINT
HOMEOWNERS ASSOCIATION,INC., a
Florida non-profit corporation
i:�'�G ✓ �i �l/✓"'� By: 74
Print Name l 4144("L.. f( ,I 4 s �� Print Name: Il are k 1 av€.{'-
Its: 1J oa. rc4 Jpr4t ri�cR�
Print Name %m"4' EVA--
STATE
GLSTATE OF \[�C�
COUNTY OF ic-O
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and
County aforesaid to take acknowledgments, personally appeared 1 ec \ M- , as the
`= ccx_ j -(51Glo-i of THE PRESERVE AT CROWNJOINT HOMEOWNERS
ASSOCIATION, INC., a Florida non-profit corporation, who { ✓ i is personally known to me
or ( 1 produced as identification, and that he/she acknowledged
executing the same on behalf of said company 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 (j day
of ^er .( ,2017.
Signature of Notary
— �' Name of Notary(Typed, Printed or Stam ed)
sT ry'I '` r Commission Number(if not legible on seal): S_.
"i{i`=i' "! FC' c 56 My Commission Expires(ifnot legible on seal): (2-'k •1`1.
I
�153 =i i 2[).-i be 18 2017
F l ,
ORLDOCS 15626734 4 28830.0040 -5-
Signed, sealed and delivered CITY:
in the presence of:
CITY OF OCOEE,FLORIDA
By:
Print Name: Rusty Johnson,Mayor
Attest:
Melanie Sibbitt,City Clerk
Print Name
(SEAL) •
FOR USE AND RELIANCE ONLY BY APPROVED BY THE OCOEE CITY
THE CITY OF OCOEE,FLORIDA. COMMISSION AT A MEETING HELD ON
Approved as to form and legality this , 2017 UNDER
day of ,2017. AGENDA ITEM NO.
SHUFFIELD,LOWMAN AND 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 MELANIE SIBBITT, 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 , 2017.
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):
ORLDOCS 15626734 4 28830.0040 -6-
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