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Home My WebLink AboutItem III (C) Approval and Authorization for Mayor and City Clerk to Execute Heller Bros./Extension of the West End Professional Park Development Agreement until May 12, 1994 1 1 AGENDA 10-19-93 "CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" Item III C LI Ocoee b.SW 1 1 VAN UEKL3K11"1 • ' ° CITY OF OCOEE RUST RUCONMESTY JOHNSON - ' �. 150 N.LAKESHORE DRIVE PAUL W.FOSTER Ci 0 OCOEE,FLORIDA 34761 VERN COMBS feo O y �t� (407)656-2322 SAM WOODSON rF� Gp G009�`� CITY MANAGER ELLIS SHAPIRO MFP-427 MEMORANDUM DATE: October 13 , 1993 TO: The Honorable Mayor and Board of Cit Commissioners FROM: Russ Wagner, Director of Planning RE: West End Professional Park Project No. 92-004 The City has received a request from Heller Brothers to extend the timeframe for the subject Development Agreement . As specified in the original agreement , lots within West End Professional Park situated along Professional Parkway are not allowed to be developed until Maguire Road is permitted to operate at a minimum Level of Service (LOS) D, this being the acceptable LOS for an Urban roadway . Since the date of execution of the original Development Agreement , the City has received confirmation from the Federal Highway Administration (FHWA) for this Urban roadway classification along Maguire Road as far south as Roberson Road. Even though this reclassification should largely fulfill the concurrency requirements necessary to permit development of the Heller project , the City still needs to verify the actual LOS by running a traffic model for the area . This is anticipated to take 60-90 days . Accordingly, the developer has requested a six ( 6) month extension of their Agreement to enable the City to finalize this traffic modeling. The City Attorney has reviewed the document and recommended approval , therefore, I recommend the Honorable Mayor and City Commissioners approve an extension of the West End Professional Park Development Agreement until May 12 , 1994 . RW/ek Ott- i-/ - R0. hoz 770249I1IIeI1er (407) 656-2124 P Vataa gautest. 7134777-0249 Bros. '�az (407) 656-1751 1 Clara,ad. ?tee Academe October 11, 1993 Mr. Ellis Shapiro City of Ocoee 150 North Lakeshore Drive Ocoee, FL 34761 RE: West End Professional Park Dear Ellis, Heller Bros, hereby requests a six month extension of the one year time frame in Paragraph 5 of the Development Agreement Regarding Transportation Capacity (the "Development Agreement" ) . I have enclosed two originals of the First Amendment to the Development Agreement Regarding Transportation Capacity (the "First Amendment" ) which would extend the one year time frame in Paragraph 5 of the Development Agreement to May 12 , 1994. Heller Bros. requests that this item appear on the October 19, 1993 City Commission Agenda. Upon approval and execution of the First Amendment, please return an executed original to me for our file. If you have any questions regarding this request, please call me. Si -1 174, , 40111 " Glen • - • s,- ' - - - i•ent GJ:bg Enclosures THIS INSTRUMENT PREPARED BY AND SHOULD BE RETURNED TO: Martha H. Formella, Esq. FOLEY &LARDNER 111 North Orange Avenue, Suite 1800 Post Office Box 2193 Orlando, FL 32802-2193 (407) 423-7656 For Recording Purposes Only FIRST AMENDMENT TO THE DEVELOPMENT AGREEMENT REGARDING TRANSPORTATION CAPACITY (WEST END PROFESSIONAL PARK) This First Amendment to the Development Agreement Regarding Transportation Capacity is made and entered into by and between HELLER BROS. GROVES, a Florida general partnership (the "Developer") and the CITY OF OCOEE, a Florida municipal corporation (the "City") . WITNESSET H: WHEREAS, on November 13 , 1992 , the Developer and the City entered into the Development Agreement Regarding Transportation Capacity (the "Development Agreement") , recorded in Official Records Book 4490, Page 3583 , Orange County, Florida; and WHEREAS, either party may terminate the Development Agreement if Maguire Road is not permitted to have a minimum Level of Service "D" within one (1) year of the date of the Development Agreement; and WHEREAS, the Developer and the City desire to extend this one (1) year time period. NOW, THEREFORE, in consideration of the premises, and other good and valuable considerations, the receipt and sufficiency of which is hereby acknowledged, the parties, desiring to be legally bound, agree as follows: 1. The fourth sentence of Paragraph 5 of the Development Agreement shall be amended to read as follows (with additions underlined and deletions struck through) : The parties further agree that if Maguire Road is not permitted to operate with an acceptable minimum Level of service "D" on or before May 12 , 1994 within one (1) year of this Agrccment that either party may terminate this Agreement by written notice to the other and Developer shall be entitled to a full refund of the transportation capacity reservation fee paid hereunder without penalty or deduction. 2. Except as hereby amended, the Development Agreement is of full force and effect as originally executed. 3 . This First Amendment to the Development Agreement Regarding Transportation Capacity shall become effective when executed by both parties. IN WITNESS WHEREOF, the Developer and the City have caused this instrument to be executed by their duly authorized representatives on the date(s) set forth below. Signed,_ sealed and delivered DEVELOPER: in th esen�e of: 7' HELLER BROS. GROVES, !� . a Florida general partnership 20Air C By: Helle'Bros. Pa4j.ingCorp. , a Florida corp'orattion, Partne Printed Name I M y_Li=.Tr�,t� .�_ ��L ' /aging L L) arvey • I/ Heer Preside' Printed Name:LA ?'& Cn J Date: rL (CORPORATE SEAL) CITY: CITY OF OCOEE, a Florida municipal corporation By: S. Scott Vandergrift, Mayor Printed Name: Attest: Jean Grafton, City Clerk Printed Name: Date: (CORPORATE SEAL) 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 acknowledgements, personally appeared HARVEY R. HELLER, personally known to me to be the President of HELLER BROS. PACKING CORP. , a Florida corporation, the Managing Partner of HELLER BROS. GROVES, a Florida general partnership, and who executed the foregoing instrument and he acknowledged before me that he executed the same, on behalf of said corporation and partnership, and that he did not take an oath. WITNESS, my hand and official seal in the County and State last aforesaid this i/ '" day of (c_rc t3'-r= , 1993 . //NOTARY PUBLIC . (NOTARIAL SEAL) Printed Name:0. ( c c"' Commission ExpiratimiviRY DUBLIC STATE OF FLORIDA Commission Number: MY COMMISSION EXP. NOV.18 1993 GUNULU THRU GENERAL INS. UND. 3 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 acknowledgements, personally appeared S. SCOTT VANDERGRIFT and JEAN GRAFTON, personally known to me to be the Mayor and City Clerk, respectively, of the CITY OF OCOEE, a Florida municipal corporation, 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 and that they did not take an oath. WITNESS, my hand and official seal in the County and State last aforesaid this day of 1993 . NOTARY PUBLIC (NOTARIAL SEAL) Printed Name: Commission Expiration: Commission Number: C:\WP51\DOCS\bellef AMEND.DA110/5/9310171MHF:bu 4