HomeMy WebLinkAboutItem III (D) Heller Bros. - West End Professional Park 1. Approval and Authorization for Mayor and City Clerk to Execute Amendment to Developer's Agreement 2. Approval to Extend Date for Final Subdivision Plan AGENDA 5-3-94
Item III D 1 & 2
"CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE"
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` CITY OF OCOEE RUUSS�r off ON
.ra. 150 N.LAKESHORE DRIVE PAUL W.FOSTER
vOCOEE FLORIDA 34761-2258 VERN COMBS
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Of G OOV OTY MANAGER
ELLIS SHAPIRO
MFP-472
MEMORANDUM
DATE : April 28, 1994
TO: The Honorable Mayor and Board of City Commissioners
FROM: Russ Wagner, Director of Planning
SUBJ: West End Professional Park
Project No. 92-004
A. SECOND AMENDMENT TO DEVELOPMENT AGREEMENT
The City has received a request from Heller Brothers to further
amend and extend the timeframe for the West End Professional Park
Development Agreement Regarding Transportation Capacity. As
specified in the original agreement, lots within the project
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. Since the current Development Agreement will
expire prior to approval of the City' s Comprehensive Plan Amendment
which changes this roadway' s LOS classification to D, the developer
believes that an extension is necessary in order to ensure that
building permits may be secured for the project .
In addition to the requested extension of the timeframe for the
Developer Agreement, Heller Brothers has also requested that they
may be permitted to terminate the Agreement when LOS D is approved
for Maguire Road so that they can fall under normal concurrency
reservation requirements and get a refund on prior fees paid to
reserve capacity. Without such a provision, the Developer
Agreement would contain provisions more restrictive than those
recently adopted in the Land Development Code.
STAFF RECOMMENDATION:
Staff has reviewed the proposed Second Amendment to the Heller
Bros . Groves Development Agreement and recommends approval and
authorization for the Mayor and City Clerk to execute the document.
West End Professinal Park
April 28, 1994
Page 2
B. EXTENSION OF FINAL SUBDIVISION PLANS
As part of the request to extend the timeframe for the Developer
Agreement, Heller Brothers has also requested that their approved
Final Subdivision Plans, which are due to expire on August 16,
1994, be extended for one year until August 16, 1995 . This
extension would only permit development of lots 2 through 7, and
any remaining lots would still need to receive a Final Certificate
of Concurrency prior to development . By granting this request at
this time, the Developer can begin preparing for the development of
this property now with the certainty that plans are still in force
and traffic capacity will be available.
STAFF RECOMMENDATION:
Staff has reviewed the request for a one-year extension of the
Final Subdivision Plans for West End Professional Park until August
16, 1995 and recommends approval .
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
SECOND AMENDMENT TO THE DEVELOPMENT AGREEMENT
REGARDING TRANSPORTATION CAPACITY
(WEST END PROFESSIONAL PARK)
This Second Amendment to the Development Agreement
Regarding Transportation Capacity is made and entered into this
day of May, 1994, 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, the Developer and the City have heretofore
entered into a Development Agreement Regarding Transportation
Capacity dated November 13 , 1992 as recorded in Official Records
Book 4490, Page 3583, Public Records of Orange County, Florida, as
amended by First Amendment thereto dated October 19, 1993 as
recorded in Official Records Book 4662, Page 3322, Public Records
of Orange County, Florida ("the Development Agreement") ; and
WHEREAS, either party may terminate the Development
Agreement if Maguire Road is not permitted to have a minimum Level
of Service "D" by May 12 , 1994; and
WHEREAS, the Developer and the City desire to extend this
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
December 12 , 1994 May 12, 1994 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; and,
the parties further agree that the Developer
may, at its option, terminate this Development
Agreement at anytime prior to receipt of a
written notification from the City that
Maguire Road may operate with a minimum
acceptable Level of Service "D" and in such
event the 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 Second 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 the presence of:
HELLER BROS. GROVES,
a Florida general partnership
�rAt
By: H- ler Bros. P-cking Corp. ,
V•rida c• •9 ation,
ging P- Aor!,,-r
Printe• Name: . �_ .J1T�CS,N- 32.
‘2.. 644-
�� � .�T `Presi•ent
Printed Name: y
Date: /A-V5
CITY:
CITY OF OCOEE,
a Florida municipal corporation
By:
S. Scott Vandergrift, Mayor
Printed Name:
Attest:
Jean Grafton, City Clerk
Printed Name:
Date:
(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. He is personally
known to me.
WITNESS, my hand aid official 4a], in the County and
State last aforesaid this 210d day of e^i ` , 1994.
NOTARY PUBLIC
(NOTARIAL SEAL) PrintedName: c)aw. 4e• Gj 44.1
Commission Expiration: ►► 2L1i9S
Commission Number:
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. They are personally known to me.
WITNESS, my hand and official seal in the County and
State last aforesaid this day of , 1994 .
NOTARY PUBLIC
(NOTARIAL SEAL) Printed Name:
Commission Expiration:
Commission Number:
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