HomeMy WebLinkAboutItem VI (E) Lot Split Agreement - West Orange Commercial Center AGENDA 6-15-93
Item VI E
c$ "CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" MAYOR•COMMISSIONER
C• -e S.SCOTT VANDERGRIFT
AN
CITY OF OCOEERUSTYJOHNSON
IONERSa
150 N.LAKESHORE DRIVE PAUL W.FOSTER
Co 0 OCOEE,FLORIDA 34761
VERN COMBS
c ?t' (407)656-2322 SAM WOODSON
OF G 00O CITY MANAGER
ELLIS SHAPIRO
STAFF REPORT
TO: THE HONORABLE MAYOR AND BOARD OF CITY COMMISSIONERS
FROM: JANET G. RESNIK, PLANNERaV
DATE: JUNE 10, 1993
SUBJECT: LOT SPLIT AGREEMENT - WEST ORANGE COMMERCIAL CENTER
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
The West Orange Commercial Center plat was recorded on February 22,
1990. The petitioner's application states that the west 100 feet
of Lot 9 was sold to Orlando International Realty in January 1991
and subsequently sold to Ronald Raboud, Lawrence Cox, and Frank
Wesighan in April 1992. The current owner of Lot 10 and the east
50 feet of Lot 9 is Kathleen Hillary.
In April, the Rabco Corporation applied for a building permit for
the west 100 feet of Lot 9 and the Building Department has placed
the permit on hold until the issue of the lot split is resolved.
DISCUSSION
City Code currently requires property owners to follow the
subdivision review process in the event a reconfiguration of the
lots is desired by property owners. In this case, as in many with
commercial subdivisions, the reconfiguration will not affect the
overall site insofar as drainage, streets, and water are concerned.
The new lots created are of adequate size for the current zoning
and any building plans will be reviewed to ensure that all Codes
are met.
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.
Page 2
Lot Split Staff Report
June 10, 1993
Although the City bears no responsibility for the situation created
by splitting Lot 9, staff has attempted to come up with the best
solution for all parties. This agreement will allow permits to be
pulled by the property owners and ensure that the cost of the
replat is borne by the property owners. Staff is currently
putting together proposed revisions to the Land Development Code,
including this short form plat process, which would basically allow
commercial subdivisions to replat lots without going back through
the entire subdivision review process so long as the lot
reconfiguration does not affect the overall infrastructure.
Attached is a portion of the plat showing Lots 9 and 10.
RECOMMENDATION
Staff respectfully recommends that the Honorable Mayor and Board of
City Commissioners authorize the Mayor and City Clerk to sign the
agreement once the property owners have done so.
cc: Ronald Raboud
Kathleen Hillary
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06,11/93 10:27 FOLEY & LARDNER X002:010
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 KATHLEEN M. HILLARY, whose mailing address is 2390 Lakeview
Avenue, Clermont, Florida 34711, ("Owner A"); and RICHARD RABOUD, LAWRENCE
COX, and FRANK WEISIGHAN, whose mailing address is 2704 Rew Circle, Ocoee, Florida
34761, (collectively, "Owner B") (Owner A and Owner B are collectively referred to as the
"Owners").
WITNE5aETH:
WHEREAS, Owner A is the owner of Lot 10 of the Plat of West Orange
Commercial Center according to the plat thereof as recorded in PIat Book 25, Page 67, Public
Records of Orange County, Florida ("Lot 10"); and
WHEREAS, Owner A was the original owner of Lot 9 of the Plat of West Orange
Commercial Center according to the plat thereof as recorded in Plat Book 25, Page 67, Public
Records of Orange, County, Florida ("Lot 9"); and
WHEREAS, Owner A sold the west 100 feet of Lot 9 to Orlando International
Realty, a Florida corporation, on January 17, 1991; and
WHEREAS, Orlando International Realty sold the west 100 feet of Lot 9 to
Owner B on April 1, 1992, and
WHEREAS, the conveyance of the west 100 feet of Lot 9 constitutes a subdivision
of land which is subject to the subdivision regulations and the platting requirements of the Land
Development Code of the City of Ocoee; and
06.'11.93 10:29 FOLEY & LARDNER Ql001.010
WHEREAS, Owner B is required to comply with the Ocoee subdivision
regulations prior to obtaining a building permit with respect to the subdivided Lot 9; and
WHEREAS, Owner B has applied to the City of Ocoee Building Department for
a building permit to construct a professional office building on the west 100 feet of Lot 9
without first obtaining a replat of Lot 9 in accordance with the subdivision regulations and the
platting requirements of the Land Development Code of the City of Ocoee; and
WHEREAS, the City has determined that there are no material drainage or
engineering issues involved with respect to the subdivision of Lot 9; and
WHEREAS, the City has further determined that it would be in the best interests
of both the City and the Owners for the City to establish an expedited platting procedure with
respect to the replat of Lot 9 and similarly situated lots; and
WHEREAS, in order to avoid a delay in the development of Lot 9, the City has
agreed to authorize development of the west 100 feet of Lot 9 to proceed in advance of the
replatting of Lot 9, subject to the terms and conditions hereinafter set forth; and
WHEREAS, as a condition precedent to the issuance of a building permit the
Owners have agreed to enter into this Agreement requiring the Owners 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 9 consistent with the ownership
thereof and combine the east 50 feet of Lot 9 with Lot 10 owned by Owner A, 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 as part of this Agreement.
ARTICLE 2. Igt 5,2lit.
2.1. Within sixty (60) days following an amendment to the Ciry's Land
Development Code adopting a Short Form Subdivision Plat Review process, the Owners agree
to comply with the requirements set forth therein with regard to the Short Form Subdivision Plat
Review process in order to replat Lot 9 consistent with the ownership thereof by Owner A and
Owner B, respectively, and to combine the east 50 feet of Lot 9 with Lot 10 owned by Owner
A. The City hereby acknowledges receipt of Owner B's Application for Lot Split Agreement,
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06/11/93 10:28 FOLEY & LARDNER 2004 010
Project No. 93-004 and deposit in the amount of One Thousand and No/100 Dollars ($1,000.00)
(the "Deposit"). The Owners shall be required to submit a new application and deposit for
purposes of complying with the Short Form Subdivision Review process.
2.2. 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
Owners agree to comply 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.
2.3, The Owners 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.
2,4. Owner B agrees to pay all attorneys' fees and costs incurred by the City
in connection with the drafting of this Agreement. Owner B 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
Owner B and any shortfall promptly paid by Owner B to the City.
2.5. In the event the Owners fail 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 for which an application
has been submitted by either Owner A or B for any portion
of Lot 9 or Lot 10; or
(ii) if a building permit has been issued, revoke any such
building permit issued by the City with regard to any
portion of Lot 9 or Lot 10; or
(iii) revoke any certificate of occupancy issued by the City with
regard to any improvements located on any portion of Lot
9 or Lot 10.
2.6. In consideration of the agreement of the Owners to comply with the
requirements of the Short Form Subdivision Plat Review, the City agrees to review and act upon
Owner B's application for a building permit with regard to the construction of a professional
office building on the west 100 feet of Lot 9 and to issue a Certificate of Occupancy with respect
thereto upon completion in accordance with all applicable laws, ordinances and regulations.
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06/11.93 10:29 FOLEY & LARD\ER 1 005 010
ARTICLE 3. Ng 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 PIat
Review process should the City decide to establish such a process.
ARTICLE 4. Joinder and Consent.
4.1, The Owners hereby agree to promptly obtain the joinder and consent of
all mortgagees having an interest in Lou 9 and 10, respectively. In the event such joinder and
consent is not obtained by either Owner A or B, as necessary, within sixty (60) days from the
date hereof, then the City shall have the remedies set forth in Section 2.5 above.
ARTICLE 5. Representations and Warranties.
5.1. Owner A hereby represents and warrants to the other parties that Owner
A currently owns fee title to Lot 10 and the east 50 feet of Lot 9 and has full power and
authority to enter into this Agreement.
5.2. Owner B hereby represents and warrants to the other parties that Owner
B currently owns fee title to the west 100 feet of Lot 9 and has full power and authority to enter
into this Agreement.
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.
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06/11/93 10:29 FOLEY & LARDNER f 006.010
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 the 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
entitled to recover from the Owners its reasonable attorneys' fees and costs, both at trial and
appellate levels.
6.8. The headings of this Agreement are for purposes of reference only shall
not otherwise limit or affect the meaning hereof.
IN WITNF�SS 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,
WTTNESSES: OWNER A:
KATHLEEN M. HILLARY
Name:
Name:
OWNER B:
RONALD RABOUD
Name:
Name:
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06:11/9 10:30
FOLEY & LARDNER 007010
WITNESSES:
LAWRENCE COX
Name:
Name:
FRANK WEISIGHAN
Name:
Name:
CITY:
ATTEST: CITY OF OCOEE, FLORIDA
By:
JEAN GRAFTON, City Clerk S. SCOTT VANDERGRIFT, Mayor
(SEAL)
FOR USE AND RELIANCE ONLY BY APPROVED BY THE OCOEE CITY
THk; CITY OF OCOEE, APPROVED AS COMMISSION AT A MEETING
TO FORM AND LEGALITY TiS HELD ON , 1993
DAY OF , 1993: UNDER AGENDA ITEM NO. .
FOLEY & LARDNER
By:
City Attorney
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06.11/93 10:30 FOLEY & LARDNER 008/010
STATE OF FLORIDA
COUNTY OF ORANGE
The foregoing instrument was acknowledged before me this day of
1993, by KATHLEEN M. HILLARY. Such person did not take an oath and: (notary must
check applicable box)
0 is/are personally known to me.
0 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):
STATE OF FLORIDA
COUNTY OF ORANGE
The foregoing instrument was acknowledged before me this day of ,
1993, by RONALD RABOUD. Such person did not take an oath and: (notary must check
applicable box)
❑ is/are personally known to me.
0 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)
Comestis ton Number(if not legible on seal):
My Commission Expires(if not legible on seal):
7
06/11/93 10:31 FOLE1 & LARDNER 009 010
STATE OF FLORIDA
COUNTY OF ORANGE
The foregoing instrument was acknowledged before me this day of
1993, by LAWRENCE COX. Such person did not take an oath and: (notary must check
applicable box)
O 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 Of not legible on seal):
My Commission Expires(if not legible on seal):
STATE OF FLORIDA
COUNTY OF ORANGE
The foregoing instrument was acknowledged before me this day of
1993, by FRANK WEISIGHAN. Such person did not take an oath and: (notary must check
applicable bax)
❑ 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 Of not legible on seal):
8
06111.93 10:31 FOLEY & LARDNER tai.)u1u-ulu
STATE OF FLORIDA
COUNTY OF ORANGE
The foregoing instrument was acknowledged before me this day of ,
1993, by S. SCOTT VANDERGRIFT, the Mayor of the City of Ocoee and JEAN
GRAFTON, the City Clerk of the City of Ocoee, a Florida municipal corporation, on behalf
of such municipal corporation. Such person did not take an oath and: (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) 1
Commission Number(if not legible on eters:
My Commission Expires(if not legible on seal):
C:1WP5t1DOCSISWZ EGALILOTSPGT.AGMI16WO151SWL:do
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