HomeMy WebLinkAbout09-05-2018 CRA Agenda Packet
FY 2018-2019 ANNUAL BUDGET
TABLE OF CONTENTS
BUDGET MEETING AGENDA1
CRA BOARD DIRECTORY2
CRA BOARD MEETING MINUTES –APRIL 12, 20183
DEVELOPMENT & INCENTIVE AGREEMENT AMENDMENT – CCWO PHASE 1 4
UPDATE ON EXISTING PROJECTS5
BUDGET MESSAGE6
FY 2018 / 2019 REVENUES AND EXPENDITURES7
PROPOSED BUDGET DETAIL8
PROPOSED FY 2018 / 2019 CRA BOARD MEETING DATES9
CRA RESOLUTION NO. 2018-00110
NOTICE OF PUBLIC MEETING11
COMMUNITY REDEVELOPMENT AGENCY ANNUAL BUDGET MEETING
September 5, 2018 AGENDA 6:00 p.m.
CALL TO ORDER
I.Roll Call and Determination of Quorum
II.Public Comments
III.Approval of Minutes of the April 12, 2018, CRA Regular Meeting
IV.Development and Economic Incentive Agreement Amendment #4 -
City Center West Orange Phase I
V.Update on Existing Projects
VI.Proposed FY 2018-2019 Budget (Approval by Resolution)
VII.Set FY 2018/2019 CRA Board Meeting Dates
VIII.Board Comments
ADJOURNMENT
PLEASE NOTE: IN ACCORDANCE WITH FLORIDA STATUTE 286.0105: ANY PERSON WHO DESIRESTO
APPEAL ANY DECISION AT THIS MEETING WILLNEED A RECORD OF THEPROCEEDINGS AND FOR THIS
PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH
INCLUDES THE TESTIMONYAND EVIDENCE UPON WHICH THE APPEAL IS BASED.
ALSO, IN ACCORDANCE WITH FLORIDA STATUTE286.26: PERSONS WITHDISABILITIES NEEDING
ASSISTANCE TO PARTICIPATE IN ANY OF THESE PROCEEDINGS SHOULDCONTACT THE OFFICE OF THE
CITY CLERK, 150 N.LAKESHORE DRIVE, OCOEE, FL 34761, (407) 905 -3105 48 HOURS IN ADVANCE OF
THE MEETING.
1-1
CITY OF OCOEE, FLORIDA
COMMUNITY REDEVELOPMENT AGENCY DIRECTORY
September 5, 2018
Board Members
Staff
Legal Counsel
COMMUNITY REDEVELOPMENT AGENCY MEETING
Ocoee Commission Chambers
150 North Lakeshore Drive
Ocoee, Florida
April 12, 2018 MINUTES 6:15 p.m.
I.Roll Call and Determination of Quorum - 6:15PM
CRA Chair Wilsen called the Community Redevelopment Agency Board to order at 6:15 p.m.
in the Commission Chambers of City Hall. City Clerk Sibbitt called roll and declared a quorum
present.
Roll Call: Vice-Chair Grogan, Chair Wilsen, Member Johnson, Member Firstner, Member
Oliver, Member Duncan, and Member June.
Also Present: City Manager Frank, Assistant City Manager Shadrix, City Attorney Cookson,
and City Clerk Sibbitt.
II.Public Comments - None
III. Approval of Minutes of the January 16, 2018, Regular CRA Board Meeting - 6:15 PM
Vice-ChairGrogan, seconded by Member Firstner, moved to approve the CRA
minutes of the Meeting held on January 16, 2018, as presented. Motion carried 7-0.
IV.Staff Updates - 6:15 PM
Assistant City Manager Craig Shadrix welcomed newly-appointed CRA Members Randy
June and GeorgeOliver, who is the newly-elected District 4 Commissioner.
CRA Board Meeting Overview - Assistant City Manager Craig Shadrix presented a
PowerPoint presentation highlighting the following:Ocoee CRA Redevelopment Team,Past
Legislative Session CRA Actions,Redevelopment Outlook, and Promoting the CRA & the City
as a Whole.
Before introducing the next team member, Assistant City Manager Craig Shadrixtouched on
the subject of branding and marketing and shared they will be asking the board to allow the CRA
to use the name Fifty West to refer to the City’s Community Redevelopment District.
CRA Meeting 04-12-2018 Page 1
Contract CRA Administrator Ginger Corlessproceeded with the PowerPoint Presentation
highlighting the following:Fifty West –Branding & Marketing the Redevelopment District as
a destination,Designation of the Community Redevelopment District as Fifty West, and FY
2016-2017 Annual Report.
During the presentation by Contract CRA Administrator Ginger Corless,there was discussion on
the use of Fifty Westas the branding for the CRA District.Member Oliverinquired if the City
owned any rights to the name Fifty Westor any ideations(.org or .com) with the nameas far as
social media might be concerned. Contract CRA Administrator Ginger Corlessreplied that
there are pieces that have been copyrighted that they are looking into as it is important when they
move forward that the CRA owns it.She felt Member Oliver made a great point, and they will be
reviewing this as they move forward with the branding. Member Duncan inquired if all three
target areas would be treated the same with regards to the branding. Contract CRA
Administrator Ginger Corlessanswered in the affirmative.
Vice-ChairGrogan, seconded by Member Johnson, moved to direct staff to look
into the availability of securing the name Fifty Westfor the CRA District and
securing the rights needed to move forward with the branding.
Member Oliverbriefly shared his concerns with the branding of the name, in which Contract
CRA Administrator Ginger Corlessassured him that staff would be looking into his concerns
before they proceed.
Motion carried 6-1 with Member Oliver opposing.
Contract CRA Administrator Ginger Corlessconcluded this portion of her presentation by
explaining the Annual Report, which she sharedis required by State Statute.
CRA Administrative Assistant Shannon Hopperproceeded with the PowerPoint Presentation
highlighting the following:Update of CRA Website and statutory requirements.
Urban Designer Peter Kisicki and Contract CRA Administrator Ginger Corlessproceeded
with the PowerPoint Presentation highlighting the following: Greening up FiftyWest - Old
Winter Garden Road Median Plantings,North Blackwood Avenue Streetscape, and SR 50
Landscape Grant.
During the presentation by Urban Designer Peter Kisicki on Old Winter Garden Road Median
Plantings, it wasshared that Assistant City Manager Shadrix would be explaining some budget
modifications later in the presentation that will allow City staff to move forward with the
proposal with BrightView for the installation of material. If approved, BrightView will begin the
landscape installation the beginning of May. Chair Wilseninquired if there is irrigation
currently in that area. Contract CRA Administrator Ginger Corlessanswered in the
affirmative; andfurther,stated that the contractor will be responsible for retrofitting the irrigation
to meet the landscape requirements.
During the presentation by Urban Designer Peter Kisicki on SR 50 Landscape Grant, it was
shared that FDOT does not normally grant a 2-year cycle window and the grant is usually a
CRA Meeting 04-12-2018 Page 2
$500,000 maximum; however, they were able to get the FDOT grant for $775,000 with the
condition that it had to be completed over the 2-year fiscal period. This will be approved with
one agreement which will make it easier for the City. Brief discussion ensued with regards to
disbursement of the grant funds,and if it could be done in a cycle.Vice-Chair Groganshared
that residents are extremely happy to see the SR 50 construction being completed and now the
landscaping for the mediansare being proposed. He further inquired if there will be a timeline
for the landscaping. Contract CRA Administrator Ginger Corless indicated that they have to
develop the maintenance of traffic plan(MOT),which will include a phasing timeline,the
phasing plan is currently being developed.She further shared that landscape projects are
completed fairly quickly as the work is minor in relation to the road construction that has
occurred in that area. Vice-Chair Grogan stated that any information that can be provided on
the website would be beneficial. Contract CRA Administrator Ginger Corless expressed her
agreeance. Member Firstner inquired where he could find a copy of the landscape package.
Urban Designer Peter Kisicki shared that he would send him the requested information.
Urban Designer Peter Kisicki concluded his presentation with the Blackwood Avenue
Streetscape. A rendering of the Blackwood Avenue Project was displayed. Contract CRA
Administrator Ginger Corless indicatedthat this project will be taken to one of the City’s
continuing engineers fordesignimplementation and cost, so they will be bringing this back to
the CRA to update them on the design and estimated budget. Urban Designer Peter Kisicki
further shared that all projects were designed in-house thus saving the City thousands of dollars.
Brief discussion ensued with regards to the old brick road on Maine Street and how the removed
bricks will be used for a pedestrian walkway near the proposed City Center.
Contract CRA Administrator Ginger Corlessproceeded with the PowerPoint Presentation
highlighting the following: Fifty West Wellness Park.
During the presentation by Contract CRA Administrator Ginger Corless, there was discussion on
the Fifty West Wellness Park and parking configurations. It was also shared that if there were no
objections, then staff was looking to move forward with applying for the Initiative Grant that is
due July 2018 and will provide up to $250,000 for the Wellness Park. No objections were heard.
Contract CRA Administrator Ginger Corlessconcluded her presentationby highlighting
other projects and upcoming activitiesto include: Best Fest Participation,Lake Bennet Fountain
Update, West Orange Times Wrap,Banner Program,Transformer Box Art Program, and
Cultivating Existing Businesses Outreach Program.
City Planner Mike Rumer and Contracted Economic Development Consultant Angel de la
Portillaproceeded with the PowerPoint Presentation highlighting the following: New
Development Updateand Economic Outlook.City Planner Mike Rumerannounced the new
development projects that are getting ready to break ground. They arethe Ocoee Self Storage,
Pet Hospital, and Orlando Health Central Skilled Nursing Facility,which are all located in the
CRA District.Contracted Economic Development Consultant Angel de la Portillaupdated
the CRA Board on the construction that is to begin on the corner of Maguire and SR 50,which is
a result of the Settlement Agreement that the CRA Board approved.Clearing of the site is to
begin as early as next week. Construction of Phase 1 will include 14,000 SF of retail,which
should be completed by the end of 2018. He further provided retail and office market statistics
CRA Meeting 04-12-2018 Page 3
on rentable base area (RBA), as well as the average leaserate and percentage of vacancy for
these markets.
Assistant City Manager Craig Shadrixproceeded with the PowerPoint Presentation
highlighting Mid-Year Budget Modifications on several items that required action by the board:
The Turnpike Sign Project was designed and permit requested for the bridge over the turnpike at
MaguireRoad; however, the request was denied by FDOT. Assistant City Manager Craig
Shadrixsaid he is requesting this evening that theCRA Board remove this project from the
Capital Project List and recommends the $40,000 from the Turnpike Sign be reallocated to the
Old Winter Garden Medians Project.
Vice-ChairGrogan, seconded by Member Duncan, moved to approve removal of
the Turnpike Sign from the Capital Projects List and reallocate the $40,000 to the
Old Winter Garden Medians Project. Motion carried 7-0.
Assistant City Manager Craig Shadrixindicated that the CRA budgeted $20,000 for restriping
of Story Road; however, Public Works is now in the process of advertising for a contractor to
repave and restripe that road.He isfurther requesting that the CRA Board remove this project
from the Capital Project Listand recommends the $20,000 from the Story Road restripingbe
reallocated to the new capital project that refreshes the South Blackwood Avenue landscape.
Member Firstner, seconded by Vice-Chair Grogan, moved to approve removal of
the Story Road restriping from the Capital Project List and reallocate the $20,000
to the South Blackwood Avenue Landscape Upgrades.
Brief discussion ensued with regards to clarifying and advising Member Duncan that he did not
have a conflict with the above motion as he did not directly benefit or personally have financial
impact from the beautification projects in the vicinity of the hospital.
Motion carried 7-0.
City Attorney Cookson concluded the PowerPoint Presentation highlighting the following:
Colony Plaza Update
City Attorney Cooksonshared that at their last meeting the CRA Board approved the
Settlement Agreement with the Colony Plaza which was a $1.1 million payment from the
Developer to the City for reimbursement of the demolition of the Colony Plaza building. Under
the terms of the Settlement Agreement the Developer had a period of time to provide the
payment to the City,otherwise the agreement terminated. He further advised that the day before
the payment was due to the City the Developer had disclosed to the City that they had an issue
with one of the documents that affected title to the property, and they wanted to resolve this
before making the payment. The City Commission approvedto grant atwo-week extensionas
the Settlement Agreement was signed by both the CRA Board and the City Commission. At the
time of the request a CRA Meeting could not be called to also get approval for the extension.
The Developer has paidthe $1.1 million. What is being requested this evening is that the CRA
Board ratify the extension and acceptance of the payment from the Developer as part of the
Settlement Agreement.
CRA Meeting 04-12-2018 Page 4
Vice-ChairGrogan, seconded by Member Johnson, moved to ratify the extension
granted by the City Commission and accept the payment received from the
Developer as part of the Settlement Agreement. Motion carried 7-0.
V. Board Comments - 7:11 PM
Member Olivershared research he conducted during the meeting withregards to thesocial
media branding and use of Fifty West.He further shared that he now feels comfortable that the
City can move forward with the branding and to help expedite the process he purchased the
rights to the name. He will meet with staff to discuss how thiscan be smoothly transitioned to
the City.
Assistant City Manager Craig Shadrixshared that staff will be scheduling theirnext meeting
to fall within the time frame of the budget workshops and public hearings.
ADJOURNMENT
The meeting was adjourned at 7:13 p.m.
Attest: APPROVED:
____________________________ _____________________________
Melanie Sibbitt, Secretary Rosemary Wilsen, Chair
CRA Meeting 04-12-2018 Page 5
618 E. South Street, Suite 700
Orlando, Florida 32801
T 407.423.8398 D 321.319.3099
A GAI Consultants Inc. Service Group
Memorandum
Michael Rumer
To
Craig Shadrix
CC
CRA Incentive Agreement
Subject
City Center West Orange
Project
Steven McDonald, CVA, Chief Economist
From:
8/23/2018
Date
GAI Consultants, Inc. (GAI) has completed a review of amendments to the Development and
Economic Incentive Agreement for City Center West Orange Phase 1 dated September 6, 2016. The
most recent amendment extended the expiration dates for Building Permit submittal and construction
completion of Maine Street Section 2 from July 2, 2018 to July 2, 2019.
Based on our review, it is our opinion that the delay in project completion does not have a material
impact on the efficacy of the original economic development incentive. The original incentive
agreement was thoughtfully developed so that neither party was burdened with a disproportionate
level of risk, especially the City. The following comments are provided as a summary of our review and
conclusion:
The original economic development incentive concept was modeled over a 13 year period. The
initial three years reflected a period for project initiation, permitting, construction, and
property valuation. The flow of incentives were proposed to be completed over a period of 10
years. If timing of the original economic development incentive proceeded based a January 1,
2017 initiation date, the incentive arrangement would have expired by 2030. The CRA expires
in 2036.
The main concern with the current delay or any future delays would be the timing of the
expiration of the CRA and the ability to fulfill the proposed incentive over a 10 year period.
Without any adjustments to our assumptions, the current delay would not extend the
execution of the incentives beyond the date of the CRA and does not impact the economic
development incentive.
More importantly, the original economic development incentive was not modeled with
compounding increases in taxable property value that generates incremental revenues to the
City. Because the portion of economic development incentive captured from incremental ad
valorem taxes is capped, we estimated that these funds would potentially meet the agreement
page 1
1 ½ to 2 years early. Again, this was a conservative modeling approach to ensure that potential
risks were minimized.
In addition, the property values modeled in the original economic development incentive were
stated in constant dollars (2016). A delay in project completion is expected to result in a higher
base property value placed on the tax rolls once completed. Again, without compounded
increases in property value in the original economic development incentive model, this could
result in completing the incentive agreement by the original 2030 date, even with a 2 year
delay.
Finally, a smaller beneficial impact would be provided to the City from the increases in taxable
value from the construction in progress that was not assumed in the original economic
development incentive model. We originally assumed the property went from vacant to
developed exactly on January 1 when property value is assessed. Because of progress in
construction, the property value of the site has nearly doubled and a significant increase is also
expected on the tax roll next year. This incremental tax revenue, albeit relatively small, was not
contemplated in the original model.
Let me know if you have any questions.
page 2
THIS INSTRUMENT PREPARED BY
AND SHOULD BE RETURNED TO:
PREPARED BY:
Dana Crosby-Collier, Esq.
SHUFFIELD, LOWMAN&WILSON. P.A.
1000 Legion Place, Suite 1700
Orlando, FL 32801
(407) 581-9800
RETURN TO:
City Clerk
For Recording Purposes Only
CITY OF OCOEE
150 N. Lakeshore Drive
Ocoee, FL 34761
(407) 656-2322
FOURTHAMENDMENT TO DEVELOPMENT AND
ECONOMIC INCENTIVE AGREEMENT
(City Center West OrangePhase 1)
THIS FOURTHAMENDMENT TO DEVELOPMENT AND ECONOMIC
INCENTIVE AGREEMENT (this “Amendment”) is made and entered into as of the __day of
December, 2017, by and among CBPW CORPORATION, aNevada corporation, whose
mailing address is 12724 Waterford Pointe Boulevard, Windermere, FL 34786(“CBPW”) and
MAINE BOULEVARDII, LLC, a Florida limited liability company, whose mailing address is
7380 West Sand Lake Road, Suite 395, Orlando, FL 32819 (“MB II”) (CBPW,and MB II
hereinafter referred to collectively as the “Owner”) and theCITY 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”).
W I T N E S S E T H:
WHEREAS,on October 3, 2016,afully executed Development and Economic Incentive
Agreement for City Center West Orange Phase 1,by and between CCWO Development
Management, LLC, WSCC Development, LLC, MB II, the City, and the City of Ocoee
Community Redevelopment Agency (CRA), for the development of the Property described in
Exhibit “A,” attached thereto, was recorded at document #20160517902, public records of
Orange County, Florida, and isamended by that a First Amendment thereto as fully executed on
December 6, 2016,and recorded at document #20160666267, public records of Orange County,
Florida, the Second Amendment thereto as fully executed on January 17, 2017, and recorded at
document #20170046961, public records of Orange County, Florida, and the Third Amendment
thereto as fully executed on December 28, 2017, and recorded at document #20180023316,
public records of Orange County, Florida (the “Agreement”);
WHEREAS,on June 19, 2018 and July 17, 2018, the City Commission voted to extend
time under the Agreement; and
WHEREAS,the parties agree thatthe terms and provisions of the Agreement should be
formally amended to allow additional time for development of the Property; and
WHEREAS, since the use and application offees and impact fee credits is not within the
purview of the CRA, the CRA is not a party to this Amendment.
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 on the Final Plans, unless otherwise indicated.
Section 2.Development Approvals. Nothing herein will be construed to grant or
waive on behalf of the City any development approvals that may be required in connection with
the Final Plan or the Owner's development of the Property. Notwithstanding this Amendment,
the Owner must comply withall applicable procedures and standards relating to the development
of the Property.
Section 3.Building Plan Review Fee.Section 6 of the Agreement is amended to
read as follows:
The parties acknowledge that, as of the date of this Fourth Amendment, construction of
the horizontal development of the Initial Construction Improvements, as defined in this
paragraph, has commenced. Notwithstanding anything contained herein or in the Final
Plans to the contrary, provided that (i) the Owner is not then in default under any of the
obligations contained in this Agreement; and (ii) only as it applies to building plans
submitted for the construction of the horizontal development and the parking garages and
shell buildings within the Property (the “Initial Construction Improvements”); and (iii)
provided such payment is made in connection with plans submitted on or before
September 18, 2019 (the “Plan Review Discount Deadline”), building and fire plan
review fees for construction of the Initial Construction Improvements,currently assessed
at ¾ of 1% and ¼ of 1%, respectively, of the anticipated construction costs for such
improvements, shall instead be assessed at a flat fee of $500,000.00 (the “Flat Review
Fee”). The Flat Review Fee shall be payable as follows: (i) $1,000.00 of the Flat Review
Fee shall be paid for each plan submitted at the time such plan is submitted to the City for
review, provided such submissions are prior to the Plan Review Discount Deadline; (ii)
the balance of the Flat Review Fee shall be submitted to the City on or before the datethe
firstbuilding permit is issuedfor the Property (the “Balance Payment”). $200,000.00 of
the Balance Payment shall be retained by the City in a separate account andused for the
City’s purchase and maintenance of plan review/permit tracking software, permanent or
temporary positions relating to inspections or other specific needs relating to the project
FourthAmendment
DEVELOPMENT AND ECONOMIC INCENTIVE AGREEMENT
(City Center West Orange Phase 1)
to be developed on the Property. Nothing herein shall prohibit the City from using any
software, employees or other items purchased with the $200,000.00 of the Balance
Payment for other projects or properties in the City. The remainder of the Balance
Payment shall be applied and used by the City consistent with its normal procedure
relating to the receipt of building and fire plan review fees. Notwithstanding anything to
the contrary contained herein, the Flat Review Fee shall not be applicable and instead the
then applicable standard fees shall apply in the event thebuilding plans are not submitted
on or before September 18, 2019.
Section 4.Transportation Impact Fee Credits.Section 10 of the Agreement is
herebyamended to read as follows:
In the event the construction of Richmond Avenue, Maine Street Section1, Ocoee Town
Center Boulevard/StreetB, Street C, StreetA, Lake Bennett Drive Extension,Maine
Street Section 2 and Maine Street Retention Pond(all as defined below) commencesby
March 1, 2018and are completed and accepted by the City as public roads prior to
September 18, 2019andprovided that the Owner is not then in default under any of the
obligations contained in this Agreement, Owner shall be entitled to transportation impact
fee credits in the total amount of $1,978,702.00 (the “Transportation Impact Fee
Credits”). The amount of the Transportation Impact Fee Credits is fixed and is not based
on the actual construction costs incurredrelating to the construction of such
improvements. The Transportation Impact Fee Credits may only be applied toward
transportation impact fees that are due and payable in connection with improvements
constructed on the Property and any parcel within the Target Area 2 boundary. Except as
specifically set forth in this Section10 and Section 11 of the Agreement, no additional
impactfee credits will be available for the construction of any improvements on the
Property.
Section 5.Parks and Recreation Impact Fee Credits. Section 11 of the Agreement
is hereby amended to read as follows:
In the event the construction of Richmond Avenue, Maine Street Section1, Ocoee Town
Center Boulevard/StreetB, Street C, StreetA, Lake Bennett Drive Extension, Maine
Street Section2 and Maine Street Retention Pond commences by March 1, 2018and are
completed and accepted by the City aspublic roads prior to September 18, 2019 and
provided that the Owner is not then in default under any of the obligations contained in
this Agreement, Owner shall be entitled to parks and recreationimpact fee credits in the
total amount of $200,000.00 (the “Parks and RecreationImpact Fee Credits”). The
amount of the Parks and Recreation Impact Fee Credits is fixed and is not based on the
actual construction costs incurredrelating to the construction of such improvements. The
Parks and Recreation Impact Fee Credits may only be applied toward parks and recreation
impact fees that are due and payable in connection with improvements constructed on the
Property.
Section 6.Construction of Richmond Avenue. Section 12 of the Agreement is
hereby amended to read as follows:
FourthAmendment
DEVELOPMENT AND ECONOMIC INCENTIVE AGREEMENT
(City Center West Orange Phase 1)
The FinalPlans show the entire width of Richmond Avenue,aroad segment with street
parking and curb cuts with the right-of way running north and south adjacent to the
western edge of the Property (“Richmond Avenue”). Notwithstanding what is depicted
on the Final Plans, Owner owns only the eastern half of Richmond Avenue (the “Eastern
Half of Richmond Avenue”). The City owns, or has contracted to acquire from the
adjacent owner, the western half of Richmond Avenue (the “Western Half of Richmond
Avenue”). In the event the entireRichmond Avenuehas not then been completed either
by the adjacent owner to the westor another party, then Owner shall be responsible for
the construction of the entirety of Richmond Avenue, or so much as remains to be
completed. Such construction shall be in accordance with the requirements of the City
and shall accommodate access points to the adjacent property to the west. In the event
Owner does not then possess fee simple title to all of the Eastern Half of Richmond
Avenue land, Owner, at Owner’s sole cost and expense shall acquire such land prior to
commencing construction. Nothing herein shall prevent Owner and the adjacent owner to
the west from entering into a mutually acceptable agreement for the construction of
Richmond Avenue, with such costs to be mutually agreed upon between such parties.
However, in all events, the construction of Richmond Avenue must commence prior to
March 1, 2018and the entire Richmond Avenue must be completed and accepted by the
City as a public road prior to issuance of the first building permit for vertical construction
on the Property and in any event prior to September 18, 2019.
Section 7.Construction of Maine Street Section 1.Section 14 of the Agreement is
hereby amended to read as follows:
The Final Plans show the extension of Maine Street, a road segment with street parking
and curb cuts with the right-of-way running east and west along the northern boundary of
the Property from just west of the Richmond Avenue and Maine Street intersection to just
east ofthe StreetC and Maine Street intersection (“Maine Street Section 1”). In the
event Maine Street Section1 has not then been completed by another party, then Owner
shall be responsible for the construction of Maine Street Section1, or so much as remains
to be completed. Such construction shall be in accordance with the requirements of the
City and shall accommodate access points to the adjacent property to the north. In the
event Owner does not then possess fee simple title to all of the Maine Street Section 1
land, Owner, at Owner’s sole cost and expense shall acquire such land prior to
commencing construction. Nothing herein shall prevent Owner and any other party from
entering into a mutually acceptable agreement for the construction of Maine Street
Section1, with such costs to be mutually agreed upon between such parties. However, in
all events, the construction of Maine Street Section1 must commence prior to March 1,
2018and the entire Maine Street Section 1 must be completed and accepted by the City as
a public road prior to issuance of the first building permit for vertical constructionon the
Property and in any event prior to September 18, 2019.
Section 8.Construction of Ocoee Town Center Boulevard/Street B. Section 16 of
the Agreement is hereby amended to read as follows:
FourthAmendment
DEVELOPMENT AND ECONOMIC INCENTIVE AGREEMENT
(City Center West Orange Phase 1)
The FinalPlans show the extension of Ocoee Town Center Boulevard/StreetB, aroad
segment with a round-about connecting with StreetA to the north and possibly the
extension of Lake Bennett Drive to the south, with street parking and curb cuts with the
right-of-way running east and west along the southern boundary of the Property from just
west of the Richmond Avenue and Ocoee Town Center Boulevard intersection to the
intersection with StreetC (“Ocoee Town Center Boulevard/Street B”). In the event
Ocoee Town Center Boulevard/StreetB has not then been completed by another party,
then Owner shall be responsible for the construction of Ocoee Town Center
Boulevard/Street B, or so much as remains to be completed. Such construction shall be
in accordance with the requirements of the City and shall accommodate access points to
the adjacent property to the south. In the event Owner does not then possess fee simple
title to all of the Ocoee Town Center Boulevard/Street B land, Owner, at Owner’s sole
cost and expense shall acquire such land prior to commencing construction. Nothing
herein shall prevent Owner and any other party from entering into a mutually acceptable
agreement for the construction of Ocoee Town Center Boulevard/Street B, with such
costs to be mutually agreed upon between such parties. However, in all events, the
construction of Ocoee Town Center Boulevard/StreetB must commence prior to March
1, 2018and the entire Ocoee Town Center Boulevard/StreetB must becompleted and
accepted by the City as a public road prior to issuance of the first building permit for
vertical construction on the Property and in any event prior to September 18, 2019.
Section 9.Construction of Street C. Section 18 of the Agreement is hereby
amended to read as follows:
The FinalPlans show Street C, aroad segment with street parking and curb cuts with the
right-of-way running northeast and southwest along the eastern boundary of the Property
from the intersection with StreetB to the intersection with Maine Street Section 1
(“Street C”). In the event Street C has not then been completed by another party, then
Owner shall be responsible for the construction of StreetC, or so much as remains to be
completed. Such construction shall be in accordance with the requirements of the City.
In the event Owner does not then possess fee simple title to all of the StreetC land,
Owner, at Owner’s sole cost and expense shall acquire such land prior to commencing
construction. Nothing herein shall prevent Owner and any other party from entering into
a mutually acceptable agreement for the construction of StreetC, with such costs to be
mutually agreed upon between such parties. However, in all events, the construction of
StreetC must commence prior to March 1, 2018and the entire StreetC must be
completed and accepted by the City as a public road prior to issuance of the first building
permit for vertical construction on the Property andin any event prior to September 18,
2019.
Section 10.Construction of Street A. Section 20 of the Agreement is hereby amended
to read as follows:
The FinalPlans show StreetA, aroad segment with street parking and curb cuts with
the right-of-way running north and south within the interior of the Property from the
round-about portion of Ocoee Town Center Boulevard/StreetB to the intersection with
FourthAmendment
DEVELOPMENT AND ECONOMIC INCENTIVE AGREEMENT
(City Center West Orange Phase 1)
Maine Street Section1 (“Street A”). Owner shall be responsible for the construction of
StreetA. Such construction shall be in accordance with the requirementsof the City.
The construction of StreetA must commence prior to March 1, 2018and the entire
StreetA must be completed and accepted by the City as a public road prior to issuance
of the first building permit for vertical construction on the Property and in any event
prior to September 18, 2019.
Section 11. Construction of Lake Bennett Drive. Section 22 of the Agreement is
hereby amended to read as follows:
The FinalPlans provide for two proposed locations for the future Lake Bennett Drive
extension: (i) south from the round-about within Ocoee Town Center Boulevard/StreetB
to the existing road north of the RaceTrac parcel, and (ii) southwest from the intersection
of StreetB and StreetC to the existing road north of the RaceTrac parcel (the final
determined location for such road referred to herein as the “Lake Bennett Drive
Extension”). The City shall ultimately determine the final location of the Lake Bennett
Drive Extension, with the understanding that preference shall be given to option (ii)
above. The City shall advise Owner as soon as possible if option (i) is selected, however,
the City shall not have the right to select option (i) in the event Owner has commenced
the design and permitting of Lake Bennett Drive Extension pursuant to option (ii). In the
event the Lake Bennett Drive Extension hasnot then been completed by another party
and the City then owns the Lake Bennett Drive Extension land or has a commitment from
the owner thereof to convey the same within ninety(90) days of a request bythe City,
then Owner shall be responsible for the design, engineering and construction of Lake
Bennett Drive Extension, or so much as remains to be completed. Such construction
shall be in accordance with the requirements of the City. In the event at the time Owner
is prepared to commence construction on the Property and the City does not own the Lake
Bennett Drive Extension or does not have a commitment from the owner thereof to
convey the same within ninety(90) days of a request by the City, Owner shall have no
obligation to construct the Lake Bennett Drive Extension. Nothing herein shall prevent
Owner and any other party from entering into a mutually acceptable agreement for the
construction of Lake Bennett Drive Extension, with such costs to be mutually agreed
upon between such parties. However, provided that the City then owns the Lake Bennett
Drive Extension land or has a commitment from the owner thereof to convey the same
within ninety(90) days of a request by the City, the construction of LakeBennett Drive
Extension must commence prior to March 1, 2018and the entire Lake Bennett Drive
Extension must be completed and accepted by the City as a public road prior to issuance
of the first building permit for vertical construction on the Property andin any event prior
to September 18, 2019.
Section 12.Construction of Maine Street Section 2.Section 23 of the Agreement is
hereby amended to read as follows:
In order to accommodate the development of the Property for its intended use and to
alleviate traffic concerns in the area and in lieu of contributing to or making necessary
improvements to Bluford Avenue, Owner shall be responsible for the extension of Maine
FourthAmendment
DEVELOPMENT AND ECONOMIC INCENTIVE AGREEMENT
(City Center West Orange Phase 1)
Street from the eastern edge of Maine Street Section1 east to Blackwood Avenue (the
final determined location for such road referred to herein as the “Maine Street
Section 2”). Owner shall be responsible for the design, engineering and construction of
Maine Street Section2, or so much as remains to be completed. Such construction shall
be in accordance with the requirements of the City. In the event Owner and City do not
then possess fee simple title to all of the Maine Street Section2 land, Owner, at Owner’s
sole cost and expense shall acquire such land prior to commencing construction. The
construction of Maine Street Section2 must commence prior to March 1, 2018and the
entire Maine Street Section2 must be completed and accepted by the City as a public
road prior to issuance of the first building permit for vertical construction on the Property
and in any event prior to September 18, 2019.
Section 13.Ratification of Prior Agreements.Except as amended hereby, the
Agreement remains unchanged and in full force and effect, and each of the parties hereto hereby
ratifies and confirms the terms and conditions of the Agreement.All references herein to the
Agreement shall refer to the Development and Economic Incentive Agreement for City Center
West Orange Phase 1,as amended by this Fourth Amendment, unless the text or context
indicates otherwise. In the event of any conflict between the Agreement and this Amendment it
is agreed that this Amendment shall control.
Section 14.Covenant Running with the Land. This 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 15.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 16.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 17.Effective Date.The Effective Date of this Amendment shallbe the day
this Amendment is last executed by a party hereto and such date shall be inserted on Page 1 of
this Amendment.
\[THE BALANCE OF THIS PAGE IS INTENTIONALLY BLANK\]
FourthAmendment
DEVELOPMENT AND ECONOMIC INCENTIVE AGREEMENT
(City Center West Orange Phase 1)
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:
CBPW CORPORATION, a Nevada
Corporation
By: ______________________________
Print Name:
Title:
Print Name
Print Name
STATE OF
COUNTY OF
I HEREBY CERTIFYthat on this day, before me, an officer duly authorized in the
State and County aforesaid to take acknowledgments, personally appeared __________, as
_________of CBPW CORPORATION, a Nevada corporation, who \[___\] is personally known
to me or \[___\] 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.
WITNESSmy hand and official seal in the County and State last aforesaid this _____
day of __________________, 2018.
Signature of Notary
Name of Notary (Typed, Printed or Stamped)
Commission Number (if not legibleon seal):
My Commission Expires (if not legible on seal):
FourthAmendment
DEVELOPMENT AND ECONOMIC INCENTIVE AGREEMENT
(City Center West Orange Phase 1)
Signed, sealed and delivered
OWNER:
in the presence of:
MAINE BOULEVARDII, LLC, a Florida
limited liability company
By: ______________________________
Print Name:
Title:
Print Name
Print Name
STATE OF
COUNTY OF
I HEREBY CERTIFYthat on this day, before me, an officer duly authorized in the
State and County aforesaid to take acknowledgments, personally appeared __________, as
_________ of MAINE BOULEVARDII, LLC, a Florida limited liability company, who \[___\]
is personally known to me or \[___\] 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.
WITNESSmy hand and official seal in the County and State last aforesaid this _____
day of __________________, 2018.
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):
FourthAmendment
DEVELOPMENT AND ECONOMIC INCENTIVE AGREEMENT
(City Center West Orange Phase 1)
Signed, sealed and delivered
CITY:
in the presence of:
CITY OF OCOEE, FLORIDA
By:
Rusty Johnson, Mayor
Print Name:
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 __________________________, 201__
____ day of ___________, 201__. UNDER AGENDA ITEM NO.
_________________.
SHUFFIELD, LOWMAN & WILSON, P.A.
By:
City Attorney
STATE OF FLORIDA
COUNTY OF ORANGE
I HEREBY CERTIFYthat 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, FLORIDAand 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.
WITNESSmy hand and official seal in the County and State last aforesaid this _____
day of ______________, 2018.
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):
FourthAmendment
DEVELOPMENT AND ECONOMIC INCENTIVE AGREEMENT
(City Center West Orange Phase 1)
Current CRA Project Update – September 5, 2018
OWGRoad Landscape Enhancement
S. Blackwood Refresh
N. Blackwood Avenue Streetscape
SR 50 ROW Mowing
SR 50 Landscape Grant
SR 50 Lighting
Story Road/Geneva Street Resurfacing/Restriping
Westgate Bluford/50 Site Planning
Wellness Park
Maine Street Extension Streetscape
Current Programs
Annual Repor
CRA Business Highlight
Fifty West Branding Program –
Develop Business Outreach program
Grants & Incentive Programs
Transformer Art
Proposed New Projects in the CRA for FY 2018-2019
MEMORANDUM
TO:
FROM:
DATE:
RE:
114% increase
88.8% increase
Historical Increment Assessment
$1,400,000.00
$1,200,000.00
$1,000,000.00
$800,000.00
City
COUNTY
$600,000.00
TOTAL
$400,000.00
$200,000.00
$0.00
FY 15-16FY 16-17FY 17-18FY 18-19
FY 2018-2019 Estimated Revenues
Total Estimated Revenues $2,738,448
22
Estimated Expenditures
Total Proposed Expenditures$2,738,448
Personal Services
Operating Expenses
Capital
Capital Projects
Explanation for ProposedExplanation for ProposedExplanation for Proposed
Caryover from FY 17/18Beginning Capital BalanceEstimated Contributions from City and County
0
1,233,066
1,505,3821,505,382 1,233,0662,738,448
FY 18-19 FY 18-19 FY 18-19
Proposed Proposed Proposed
---
618,882618,882663,263663,263
Grand Total:
2018 Budget2018 Budget2018 Budget
-
111 111
CRA
286,727286,727480,381480,381
2017 Actual2017 Actual2017 Actual
7272
-
136,517136,517329,642329,642
2016 Actuals2016 Actuals2016 Actuals
-
ƚƷğƌƚƷğƌƚƷğƌ
2,738,448.002,738,448.00
DescriptionDescriptionDescription
$ $ $
BEGINNING CASH BALANCECONTRIBUTIONSMISCELLANEOUS REVENUEINTEREST EARNINGS
Account NumberAccount NumberAccount Number
Beginning BalanceProperty TaxesMiscellaneous Revenue
300000311100360000361100Estimated beginning Revenue Estimated ExpendituresEst. Contrib less Est. Expenditures
Explain any increases exceeding 5%Explain any increases exceeding 5%Explain any increases exceeding 5%
0%0%0%0%0%0%0%0%0%0%0%
-9%
50%70%75%40%14%12%
-11%
100%150%100%300%300%183%183%
-100%
VALUE!
#DIV/0!#DIV/0!#DIV/0!#DIV/0!#DIV/0!#DIV/0!#DIV/0!#DIV/0!#DIV/0!#DIV/0!
#
-
00000000000
500350350500500500150
75004000350010001000200022505000
1200010000500001500010000
150000 169500 240000 346600
2222348 2222348
2,738,448
FY 2019 ProposedFY 2019 ProposedFY 2019 Proposed
0000000000000000000
40801195276075003205
325.4
123.13105.63
9335.493500.811386.631036.951751.641606.64
24496.83
113588.38127003.87240161.01240161.01
2018 Actuals2018 Actuals2018 Actuals
0000000000
250250350200500250500150
-
5000235020001000100022501250
120002000011270500001500010000
150000187000210000308570786575
786,575
2018 Budget2018 Budget2018 Budget
0000000000000000000
28
920
--
1120
33.95
11526
6538.54987.5896.17822.31221.93162.99128.392458.8
7975.09
13367.06
113681.08141815.77
2017 Actuals2017 Actuals2017 Actuals
000000000
750100150500250250350200500250500150
-
500020001000109222501250
1000022000370001500010000
297000210000543542100000
100,000
2017 Budget2017 Budget2017 Budget
00000000000000000000
20
480180570
-
10801040
70.6960.2339.93
1000018149
125.76
18,149
8988.05
10548.05
119749.33131855.94
2016 Actuals2016 Actuals2016 Actuals
CRA
000000000
750100150500250250250350200500250500150
-
50001250100022501250
100001000025000100001000075000
171892165000366842
75,000
2016 Budget2016 Budget2016 Budget
DIVISION:
DescriptionDescriptionDescription
PERSONNEL SERVICES OPERATING EXPENSESCapital
130(All)(All)LEGAL EXPENSEENGINEERING EXPENSEPROFESSIONAL SERV./OTHCONTRACTUAL SERVICESTRAVEL EXPENSETELEPHONE EXPENSEPOSTAGE & FREIGHTLEASING EXPENSEAUTO LIABILITY INSVEHICLE PARTS
& REPAIREQUIP MAINT CONTRACTSPRINTING & BINDINGNEWSLETTER EXPENSERESERVE FOR CONTINGENADMIN LEGAL ADSMISCELLANEOUS EXPENSEOFFICE SUPPLIESPOL SUPPLIESUNIFORMSOPERATING EXPENSECOPYING
EXPENSECOMPUTER EQUIPMENT / BOOKS/SUBSCRIPTIONSPROFESSIONAL DUESTRAINING EXPENSEPRINCIPALINTEREST EXPENSECOMMUNITY PROMOTIONPUBLIC RELATIONS DEVELOTRANSFERS OUTTRANSFERS OUT-DEBT SERPAVING
& DRAINAGE IMPCAPITAL IMPROVEMENTSEQUIPMENTCOMPUTER EQUIP/SOFTW
ExpExpExp
FundDepartmenFunction3101310231283400Grand Total400041004200440045014605460647004800490049014902510052005201520252165235540154025405710072008200820590009100Grand Total6300630264006405Grand
Total Grand Total of Proposed Personal Services + Operating + Capital
OCOEE COMMUNITY REDEVELOPMENT AGENCY
3101 Legal Expense - $12,000
3128 Professional Services / Other - $7,500
3400 Contractual Services - $150,000
4000 Travel Expense - $10,000
4100 Telephone Expense - $4,000
4200 Postage and Freight - $500
4700 Printing and Binding - $3,500
4800 Newsletter Expense - $1,000
4900 Reserve for Contingency - $50,000
4901 AdministrativeLegal Ads- $350
4902 Miscellaneous Expense - $350
5100 Office Supplies - $500
5200 POL Supplies- $500
5202 OperatingSupplies - $1,000
5216 CopyingExpense - $500
5235 Computer Equipment/Software - $2,000
5401 Books/Subscriptions - $150
5402 Professional Dues - $2,250
5405 Training Expense - $5,000
8200 Community Promotions - $15,000
8205 Public Relations Development - $10,000
6302 Capital Improvements - $2,222,348
Ongoing Projects from FY 2017/2018 – ($800,000)
o
o
o
New FY 2018/2019 Projects – ($500,000)
o
o
o
o
o
Property Acquisition/ Incentive/ GrantPrograms – ($922,348)
9000 Transfers Out - $240,000
MEMORANDUM
TO:
FROM:
DATE:
RE:
CRA RESOLUTION NO. 2018-001
A RESOLUTION OF THE OCOEE COMMUNITY
REDEVELOPMENT AGENCY ADOPTING A BUDGET
FOR FISCAL YEAR 2018-2019; PROVIDING FOR BUDGET
ADJUSTMENTS AND THE APPROPRIATION OF FUNDS;
PROVIDING FOR SEVERABILITY; PROVIDING AN
EFFECTIVE DATE.
WHEREAS,the Ocoee Community Redevelopment Agency (the “CRA”) was
created pursuant to Part III, Chapter 163, Florida Statutes, and Ordinance No. 2006-007 of the
City of Ocoee, Florida; and
WHEREAS, the CRA is a dependent special district under Chapter 189, Florida
Statutes, known as the Uniform Special District Accountability Act (the “Special District Act”);
and
WHEREAS, the Special District Act requires all special districts, including
dependent special districts, such as the CRA, to adopt a budget for each fiscal year by resolution.
NOW, THEREFORE, BE IT RESOLVED BY THE OCOEE COMMUNITY
REDEVELOPMENT AGENCY, AS FOLLOWS:
SECTION 1. Authority.The CRA has the authority to adopt this Resolution
pursuant to the Special District Act.
SECTION 2. Adoption of Budget. The governing body of the CRA does
hereby approve and adopt a budget for the CRA for Fiscal Year 2018-2019. A copy of the
budget is attached hereto as Exhibit “A”and incorporated herein by reference.
1
SECTION 3. Budget Adjustments. As of the date of adoption of the Budget
for Fiscal Year 2018-2019, the governing body of the CRA may not have received the final
calculations regarding tax increment revenuesand/or carried forward monies to be deposited into
the Community Redevelopment Trust Fund for the Community Redevelopment Area which will
be available for use by the CRA for Fiscal Year 2018-2019. Accordingly, the governing body of
the CRA does hereby direct that tax increment revenues received and/or monies carried forward
in excess of the projected budgeted revenues be allocated to the 4900 Reserve for Contingency
line item as set forth in Exhibit “A”and that any shortfalls in the projected budgeted tax
increment revenues and/or monies carried forward be deductedfrom the 4900 Reserve for
Contingency line item as set forth in Exhibit ”A”.The Executive Director of the CRA is hereby
authorized to administratively make any adjustments to the budget which may be required to
implement the provisions of this section.
SECTION 4. Appropriations.There are hereby expressly appropriated out of
anticipated revenues all funds and monies necessary to meet the appropriations stipulated by and
in the attached budget.
SECTION 5. Severability.If any section, subsection, sentence, clause, phrase
or portion of this Resolution 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 hereto.
SECTION 6. Effective Date. This Resolution shall become effective
immediately upon passage and adoption, and the budget adopted and approved by this
Resolution shall be effective as of October 1, 2018.
2
th
PASSED AND ADOPTEDthis 5 of September, 2018.
APPROVED:
ATTEST:OCOEE COMMUNITY
REDEVELOPMENT AGENCY
___________________________ ___________________________
Melanie Sibbitt,Secretary Rosemary Wilsen, Chair
(SEAL)
FOR USE AND RELIANCE ONLY
BY THE OCOEE COMMUNITY
REDEVELOPMENT AGENCY,
APPROVED AS TO FORM AND LEGALITY
th
This 5 day of September, 2018.
SHUFFIELD, LOWMAN & WILSON, PA
By:_____________________________
Scott Cookson, City Attorney
3
150 N. Lakeshore Drive, Ocoee, FL 34761
407.905.3100 x 1027
ocoeecra.com