HomeMy WebLinkAboutItem III (F) Approval and Acceptance of Lot Split Agreement: West Orange Industrial Park (Arthur) • AGENDA 8-3-93
"CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" Item III F
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° COMMISSIONERS OF OCOEE RUSTY JOHNSON
O. 150 N.LAKESHORE DRIVE PAUL W.FOSTER
O OCOEE,FLORIDA 34761 VERN COMBS
VF4V (407)656-2322 SAM WOODSON
yr404. Of GOO,v> ECUS MANAGERS O
STAFF REPORT
TO: THE HONORABLE MAYOR AND BOARD OF CITY COMMISSIONERS
FROM: JANET RESNIK, PLANNER m(Li
DATE: JULY 28, 1993 VV��
SUBJECT: LOT SPLIT AGREEMENT - WEST ORANGE INDUSTRIAL PARK
ISSUE
Should the Honorable Mayor and Board of City Commissioners approve
the attached Lot Split Agreement which will allow the permitting of
buildings with the condition that the property owners replat the
property once the City adopts a short form plat process?
BACKGROUND AND DISCUSSION
The current plat, recorded on December 17, 1973, has the two lots
as configured on Exhibit A. The proposed agreement would
reconfigure the lots as shown in Exhibit B.
City Code currently requires property owners to follow the entire
subdivision review process in the event a reconfiguration of lots
is desired. This proposed reconfiguration will not affect the
overall subdivision insofar as drainage, streets, water, and sewer
are concerned. And although there are no required lot sizes in
industrial zones, the building plans will be reviewed to ensure
that all applicable Code requirements (setbacks, drainage, parking,
etc. ) are met on the "new" Lot J.
As with the lot split agreement that the City Commission voted on
last month, the City Attorney has advised staff that this agreement
is an acceptable way to address this issue and that other
jurisdictions have done similar agreements with property owners.
As with the previous agreement the City Commission approved, this
agreement also has a provision requiring the property owners to go
through the short form plat process, once adopted by the City, at
the property owners' expense. In the event the City does not adopt
a short form plat process, the agreement states that the property
owners must replat the property in compliance with the subdivision
regulations.
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Page 2
Lot Split Staff Report
Staff has attempted to come up with the best solution for all
parties. In approving this agreement, time will be saved by the
property owners in getting building plans submitted and approved.
While researching this request, staff also found that some of the
necessary improvements for the existing building located on Lot I
(specifically parking and drainage improvements) were built on
Lot J. This agreement rectifies that problem by putting the
existing paved area and retention pond on the same lot as the
building they serve.
RECOMMENDATION
Staff respectfully recommends that the Honorable Mayor and Board of
City Commissioners authorize the Mayor and City Clerk to sign the
agreement.
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THIS INSTRUMENT PREPARED BY
AND SHOULD BE RETURNED TO:
Steven W. Zelkowitz, Esq.
Foley & Lardner
111 North Orange Avenue
Suite 1800
Post Office Box 2193
Orlando, FL 32802-2193
(407) 423-7656
LOT SPLIT AGREEMENT
THIS LOT SPLIT AGREEMENT (the "Agreement") is made and entered into
this day of , 1993, by and between the CITY OF OCOEE, a Florida
municipal corporation, whose mailing address is 150 North Lakeshore Drive, Ocoee, Florida
34761 (the "City"); and NELLIE B. ARTHUR and CINDA W. ARTHUR, whose mailing
address is 6210 Castlewood Lane, Orlando, Florida 32808 (collectively referred to as the
"Owner").
WITNESSETH•
WHEREAS, Owner is the owner of the following described real property located
in Orange County, Florida:
Lot "I", WEST ORANGE INDUSTRIAL PARK, UNIT TWO, according to the
plat thereof as recorded in Plat Book 5, Pages 84 and 85, Public Records of
Orange County, Florida (hereinafter referred to as "Lot I"); and
Lot "J", WEST ORANGE INDUSTRIAL PARK, UNIT TWO, according to the
plat thereof as recorded in Plat Book 5, Pages 84 and 85, Public Records of
Orange County, Florida (hereinafter referred to as "Lot J"); and
WHEREAS, Lot I is improved and the off-street parking, off-street loading, and
surface water management facilities required pursuant to Sections 6-4, 6-5, and 6-7 of the City
of Ocoee Land Development Code, respectively, for Lot I are located on a portion of Lot J as
more particularly described as follows:
Lot J less the north three hundred and seventeen (317) feet of the the east two
hundred and twenty (220) feet thereof; and
WHEREAS, the Owner desires to replat Lot I and Lot J in order to conform with
the requirements of the Land Development Code regarding off-street parking, off-street loading
and surface water management facilities thereby identifying the improved and vacant portions
of such lots; and
WHEREAS, the City has determined that there are no material drainage or
engineering issues involved with respect to the replat of Lot I and Lot J; and
WHEREAS, the City has further determined that it would be in the best interests
of both the City and the Owner for the City to establish an expedited platting procedure with
respect to the replat of Lot I and Lot I and similarly situated lots; and
WHEREAS, the Owner has agreed to enter into this Agreement requiring the
Owner to submit an application for Short Form Subdivision Plat Review, if and when the City
amends its Land Development Code to provide for such a process, in order to replat Lot I and
Lot J, subject to the terms and conditions hereinafter set forth.
NOW, THEREFORE, in consideration of the premises and the mutual promises
and agreements set forth herein and other good and valuable consideration the receipt of which
is hereby acknowledged and intending to be legally bound hereby, the parties hereto do hereby
agree as follows:
ARTICLE 1. Recitals.
1.1. The recitals set forth above are true and correct and by this reference are
incorporated herein a; part of this Agreement.
ARTICLE 2. Lot Split.
2.1. Within sixty (60) days following an amendment to the City's Land
Development Code adopting a Short Form Subdivision Plat Review process and the City's
written notification to the Owners of such amendment, and subject to the further terms of this
Agreement, the Owner agrees to comply with the requirements set forth therein with regard to
the Short Form Subdivision Plat Review process in order to replat Lot I and Lot J into two new
lots as follows:
(i) Parcel A shall consist of Lot I and Lot J less the north three hundred
and seventeen (317) feet of the the east two hundred and twenty (220) feet
of Lot J; and
(ii) Parcel B shall consist of the north three hundred and seventeen (317)
feet of the east two hundred and twenty (220) feet of Lot J.
2.2. The City hereby acknowledges receipt of the Owner's Application for Lot
Split Agreement, Project No. 93-006 and deposit in the amount of One Thousand and No/100
Dollars ($1,000.00) (the "Deposit"). The Owner shall be required to submit a new application
and deposit for purposes of complying with the Short Form Subdivision Review process.
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2.3. In the event the City does not amend the Land Development Code and
adopt a Short Form Plat Review process within one year from the date of this Agreement, the
Owner agrees to replat Parcel A and Parcel B in compliance with the applicable subdivision
regulations contained in the City's Land Development Code. Nothing in this Agreement shall
be construed to obligate the City to adopt a Short Form Subdivision Review process.
2.4. The Owner shall pay all Review Costs (as defined in the Land
Development Code) as required for the Short Form Subdivision Plat Review, including
attorneys' fees and costs incurred by the City, pursuant to Section 1-12 of Article I of the Land
Development Code. The Deposit shall not be considered the Review Deposit (as defined in the
Land Development Code) required by Section 1-12 of Article I of Land Development Code.
2.5. The Owner agrees to pay all attorneys' fees and costs incurred by the City
in connection with thP drafting of this Agreement. The Owner also agrees to the pay the cost
of recording this Agreement in the Public Records of Orange County, Florida. Such attorneys'
fees and costs and recording costs shall be deducted from the Deposit with any balance returned
to the Owner and any shortfall promptly paid by the Owner to the City.
2.6. In the event the Owner fails to (a) comply with any requirements for Short
Form Subdivision Plat Review, or (b) comply with applicable subdivision regulations in the
event the City does not adopt a Short Form Subdivision Plat Review process, or (c) pay any
required fees and costs, the City shall have the right to:
(i) refuse to issue a building permit following receipt of an application
by the Owner for any portion of Parcel A or Parcel B; or
(ii) if a building permit has been issued, revoke any such building
permit issued by the City with regard to any portion of Parcel A
or Parcel B; or
'(iii) revoke any certificate of occupancy issued by the City with regard
to any improvements located on any portion of Parcel A or Parcel
B.
ARTICLE 3. No Waiver.
3.1. This Agreement does not authorize and in no way shall be construed to
authorize any waiver or variance from any present or future provisions contained in the Code
of Ordinances of the City of Ocoee. Further, the City reserves the right, in its sole and absolute
discretion, to establish the procedures and requirements for a Short Form Subdivision Plat
Review process should the City decide to establish such a process.
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ARTICLE 4. Joinder and Consent.
4.1. The Owner hereby agrees to promptly obtain the joinder and consent of
all mortgagees having a mortgage on Owner's property. In the event such joinder and consent
is not obtained by the Owner within sixty (60) days from the date hereof, then the City shall
have the remedies set forth in Section 2.6 above.
ARTICLE 5. Representations and Warranties.
5.1. The Owner hereby represents and warrants to the City that the Owner
currently owns fee title to Lot I and Lot J and has full power and authority to enter into this
Agreement and perform each provision hereof and no further consents of other persons are
required.
ARTICLE 6. Miscellaneous.
6.1. The parties shall execute such additional documents as may be necessary
in order to effectuate the provisions of this Agreement.
6.2. Each party hereto may avail itself of each and every remedy herein
specifically given to it or now or hereafter existing at law or in equity or by statute.
6.3. Neither the mayor,any commissioner, member,officer,director,employee
or agent of the City (collectively, the "City Representatives" and individually a "City
Representative") shall be liable personally in any manner or by reason of, or as a consequence
of, the execution and delivery of this Agreement or any of its articles, covenants or provisions
or the failure of the City to comply with any of its obligations or agreements hereunder. Nor
shall any City Representative be personally liable or be sued individually for damages on account
of the breach of this Agreement.
6.4. This Agreement may not be modified or amended, or any term or
provision hereof waived or discharged except in writing signed by the parties hereto, or their
respective successors and assigns.
6.5. This Agreement shall be construed and enforced in accordance with, and
governed by, the laws of the State of Florida.
6.6. All of the terms of this Agreement, whether so expressed or not, shall be
binding upon the respective successors, assigns and legal representatives of the parties hereto
and shall inure to du benefit of and be enforceable by the parties hereto and their respective
successors, assigns and legal representatives.
6.7. Any party hereto may enforce this Agreement by an action for specific
performance. In the event of any litigation arising out of this Agreement, the City shall be
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entitled to recover frc m the Owners its reasonable attorneys' fees and costs, both at trial and
appellate levels.
6.8. The headings of this Agreement are for purposes cf reference only shall
not otherwise limit or affect the meaning hereof.
IN WITNESS WHEREOF, the parties hereto have subscribed their names and
have caused this Agreement to be executed as of the day and year first written above.
WITNESSES: OWNER:
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Love-
(2)141,t7
NELLIE B. ARTHUR
'
ame:
Name:,--DAA a f /4/01 F'Rr►'I a 4)
/ `
-4. -A 4,
CINDA W. AR '
Name: K. See L-0vE
ayt,,,,./ advr-yx-----2-7
Name:7)iNiL' l 4/ekr7pr7i/
CITY:
ATTEST: CITY OF OCOEE, FLORIDA
By:
JEAN GRAFTON, City Clerk S. SCOTT VANDERGRIFT, Mayor
(SEAL)
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FOR USE AND RELIANCE ONLY BY APPROVED BY THE OCOEE CITY
THE CITY OF OCOEE, APPROVED AS COMMISSION AT A MEETING
TO FORM AND LEGALITY THIS HELD ON , 1993
DAY OF , 1993: UNDER AGENDA ITEM NO.
FOLEY & LARDNER
By:
City Attorney
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STATE OF FLORIDA
COUNTY OF ORANGE
The foregoing instrument was acknowledged before me this a day of ,
1993, by NELLIE B. ARTHUR. Such person: (notary must check applicable x)
e is/are personally known to me.
❑ produced a current Florida driver's license as identification.
0 produced as identification.
{Notary Seal must be affixed) C/A-a--ex.-y..(2./' �t . Q ,LAIV ✓
Signature of Notary
C Cnne.. A. 4idc
Name of Notary (Typed,Printed or Stamped)
E A.
ALDERMAN
MY COMMISSION 0N 206779 EYRIES Commission Number(if not legible on seal):
June 8,1996
!1(,.1.x ' sown Tuna TROY FAVI rsUtANIN,uez
My Commission Expires(if not legible on seal):
STATE OF FLORIDA
COUNTY OF ORANGE
The foregoing instrument was acknowledged before me this a5 day of ,
1993, by CINDA W. ARTHUR. Such person: (notary must check applicable x)
-J is/are personally known to me.
❑ produced a current Florida driver's license as identification.
❑ produced as identification.
{Notary Seal must be affixed) env Q (oaK;�wZCt.,,`/
Signature of Notary `�
�►�nne, �. Hllier'rvi n
""d
DIANNE
of Notary (Typed,Printed or Stamped)
i A.ALDERMAN
• • .r�'- MY COMMISSION ICC 206779 SCPMES Commission Number(if not legible on seal):
�. — June 8,1998
*Of BONDED THEW law FANINSURANCE.DC. My Commission Expires(if not legible on seal):
7
STATE OF FLORIDA
COUNTY OF ORANGE
The foregoing instrument was acknowledged before me this _ day of
1993, by S. SCOTT VANDERGRIFr, the Mayor of the City of Ocoee and JEAN
GRAFrON, the City Clerk of the City of Ocoee, a Florida municipal corporation, on behalf
of such municipal corporation. Such person: (notary must check applicable box)
❑ is/are personally known to me.
❑ produced a current Florida driver's license as identification.
❑ produced as identification.
{Notary Seal must be affixed}
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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