HomeMy WebLinkAboutItem 11 Consideration to Award Bid #B05-07, Notice of Sale of City of Ocoee Owned Real Estate, Including Gas/Diesel Tanks and Pump: 370 Enterprise Street to Overnite Transportation Company in the Amount of $1,226,600.00
AGENDA ITEM COVER SHEET
Meeting Date: 4/19/05
Item # 11
Contact Name:
Contact Number:
Joyce Tolbert
1516
Reviewed By: ~
Department Director: _ ~
CIty Manager:
Subject: Award of Bld#B05-07Notice of Sale of City of Ocoee Owned Real Estate, including
Gas/Diesel Tanks and Pumps
Background Summary:
The fiscal year 04/05 budget contemplated using the proceeds from the sale of said property to construct a
new Public Works building and fuel station at the 301 Maguire Road property. The City Commission
authorized to sell the City of Ocoee' s existing Public Works Fleet property at 370 Enterprise Street
Issue:
Public Hearing to award the bid for the Sale of 370 Enterprise Street to Ovemite Transportation Company.
Recommendations
Staff recommends that the City Commission award Bid #B05-07 to Ovemite Transportation Company in the
amount of $1,226,600,00, and authorize the Mayor and City Clerk to execute the Purchase and Sale
Agreement between the City and Ovemite Transportation Company, once the required additional 5% deposit
is received by Ovemite.
Attachments:
1. Contractor Bid
2. Copy of Bid B05-07 Bid Documents
3. Draft of Purchase and Sale Agreement
4. Bid Tabulation
5. Public Hearing Notice
Financial Impact:
Revenue of $1 ,226,600.00
Type of Item:
~ Public Hearing
D Ordinance First Reading
D Ordinance First Reading
D Resolution
~ Commission Approval
o Discussion & Direction
For Clerk's Deoi Use:
D Consent Agenda
o Public Hearing
o Regular Agenda
o Original Document/Contract Attached for Execution by City Clerk
IZI Original Document/Contract Held by Department for Execution
Reviewed by City Attorney
Reviewed by Finance Dept.
Reviewed by ( )
dLliJ-
D N/A
D N/A
D N/A
City Manag-er
Robert Frank
Commissioners
Danny Howell. District 1
Scott Anderson. District 2
Rusty Johnson, District 3
Nancy J. Parker, District 4
Mayor
S. Scott Vanderg-rift
STAFF REPORT
TO:
The Honorable Mayor and City Commissioners
Joyce Tolbert, Purchasing Agenc;}1-
April 11, 2005
FROM:
DATE:
RE:
Award of Bid #B05-07 Notice of Sale of City ofOcoee Owned Real Estate, including GaslDiesel
Tanks and Pumps
ISSUE
Public Hearing to award the bid for the Sale of 370 Enterprise Street to Overnite Transportation Company,
BACKGROUND/DISCUSSION
The fiscal year 04/05 budget contemplated using the proceeds from the sale of said property to construct a new
Public Works building and fuel station at the 301 Maguire Road property.
The City Commission authorized to sell the City of Ocoee' s existing Public Works Fleet property at 370
Enterprise Street, and authorized advertisement for sealed bids for this property at a minimum starting bid of
$600,000, at the January 18,2005 City Commission meeting. Section C-8B(2) of the City Charter requires a
Public Hearing, providing at least seven days advance notice, if the fair market value exceeds $100,000.
The bid was publicly advertised on February 20,2005 and opened on AprilS, 2005, and the Public Hearing
Notice was advertised on April 9, 2005. There was one response to this bid:
1.
Overnite Transporation Company
$1,226,600.00
Attached is a copy of the bid documents, the bid from the bidder, along with the bid tabulation and a draft of the
Purchase and Sale Agreement.
The Public Works Department and Finance Department have reviewed the bid. Staff recommends awarding the
bid to Overnite Transportation Company in the amount of$I,226,600.00
BID PRJCE SHEET AND SIGNATURE SECTION
BID #B05-07 NOTICE OF SALE OF CITY OF OCOEE OWNED REAL EST ATE,
INCLUDING GAS/DIESEL TANKS AND PUMPS
Property Address: 370 Enterprise Street, Ocoee. Florida
MINIMUM BID 5600,000
By signing below. the bidder acknowledges that he has received the inlormation packet from the City and
has conducted such independent investigations as the bidder has deemed necessary and appropriate in
connection with the submittal of this bid.
The sllccessful bidder will be responsible to pay any bro~(.'eS. Indicate whether you have retained a
broker to represent you in this bid_ __YES NO. If YES, indicate the name of the
broker:
The Total Price Bid below is exclusive of closing costs to be paid by the successful bidder. Any closing
costs will be paid per the temlS of this bid document and will be in addition to the Total Price Bid,
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Type of Entity (if other than an individu.1ll): t:a,-/J:.Jli:). Jirn I
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Manual Signature of Bidder: . _-~ ~?:..e~..ct:::.:::;':-C/;7 1:1 1 1;11(.1\,/1/ ~/
Title of Person signing (if other tha~:n i~dividual): ~JJli:t v1u::.~ f::~"",.ll.:-,,","[- r-C pO
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TOTAL PRICE BID (PURCHASE PRICE):
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Name of Bidder:
Address:
Phone:
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S\\om tll and sub"eribcd before Ille this ___day of ~rl / . 2{)~.
Personally Knll\\lI_.__.L__ or l"ol:tf") Public - State llfJ~!JL'_~~__ __
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Produced Idcnlilkatiull
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!v1Y CO~EXPIRESJANUARV 31,2000
Prinlt"d, t) po.::J or stamp"d
C'omm;"ionld name nfNll1ary Public
B05-07
6
OVERNITE TRANSPORTATION COMPANY
100QSEMMES ME
RICHMbND. VA. ?32:~4
1703
68-21510
DATE 4/112005
PAY
TO THE
ORDER OF
City of Ocoee
I $ 61,330.00
__~ixty one thousand thre~ ~undred thirty and 00/100....,..:......,...... ...,... .......... DOLLARS
SUNTRUST
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SUfi!' usl Bilnk
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DETACH A.ND RETAIN TH=$ STA1EMEt--.1
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OVERNITE TRANSPORTATION COMPAtiiV
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DESCRIPTION
AMOUNT
4/1/05
Bid Number B05-07
61.330.00
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March 1 L 2005
ADDENOlJM NO: ONE (1)
CITY OF OCOEI<:
RID #BOS-07
NOTICE OF SALE O,F CITY OF OCOEJi: ()WNI~() REAL ESTATE
INCLUDING GAS/DIESEL TANKS AND PUMPS
This addendum shall modify and become a part of the original Bid Du('uments for the Sale of
City Ococe Owned Real Fstate, h)cated at 170 Enterprise Street Changes and/or Clari lications to
the bid documents arc as follows:
Terms ~lDd Conditions, p.3 of the hid p~lckage shall be amended as follows: "If your offer is
accepted, you will have ten (10) days from notification of award within which to execute a
purchase contract ill a form provided by the City liS I~ur-t nf th-eb-iafHH,>kttge.
The purchase contract will be provided by the Cit), to the successful bidder, aDd will not be
included as part of this bid package,
f
~/I /'"
Joy.eftT?Jbcrt, CPPB
Purchiising Agent
All revumt!ents shall acknowledge tl,is "tlt/emlum hI' completing the J('ction helow IInd l11tac"in~ to fhe front of
YOllr hid,
Respondent:
r-:Q. ~J~~~__ __
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j;" ~:"~r:~ :...-: Lee: r -?
S':~IQf- \/!~.~.."h:.."\
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T L..""~C
Signature:
Name and Iltlc
City ofOcoee' '50 N Lakeshore Drive' Ocoee, Florida 34761
phone: (407) 905-3100' fax: (407) 656.8504' \\'ww.ci.ococeflus
City Manager
Robert Frank
Commissioners
Danny Howell, District 1
Scott Anderson, District 2
Rusty Johnson, District 3
Nancy.1. Parker, District 4
Mayor
S. Scott Vandergrift
CITY OF OCOEE
INVITATION TO BID #B05-07
NOTICE OF SALE OF CITY OF OCOEE
OWNED REAL ESTATE,
INCLUDING GAS/DIESEL TANKS AND
PUMPS
City ofOcoee' 150 N Lakeshore Drive' Ocoee. Florida 34761
phone: (407) 905-3100' fax: (407) 656-8504' www.cLocoee.f1.us
LEGAL ADVERTISEMENT
BID #B05-07 NOTICE OF SALE OF CITY OF OCOEE OWNED REAL EST ATE,
INCLUDING GAS/DIESEL TANKS AND PUMPS
The Ocoee City Commission intends to sell by sealed bids the following real property, including
gas/diesel tanks and pumps, in "AS IS" "WHERE IS" condition:
Property Address: 370 Enterprise Street
Minimum Bid (Purchase Price): $600,000
Location: Located along the south side of Enterprise Street, approximately 1.900 feet west of
Maguire Road. in the City of Ocoee, Orange County, Florida, consisting of approximately 2.98
acres, more or less.
Zoning/Future Land Use Designation: 1-1lGenerallndustrial
The City will not pay any brokerage commissions or finders fees. The City will provide title
insurance and an updated survey to the successful bidder. A purchase contract has been prepared
by the City. which must be entered into by the successful bidder,
Sealed bids will be accepted for Bid #B05-07, Sale of City of Ocoee Owned Real Estate, no
later than 2:00 p,m., local time, AprilS, 2005. Bids will be received in the City ofOcoee
Finance Department A TTN: Purchasing Agent, Ocoee City Hall, 150 North Lakeshore Drive.
Ocoee, FL 34761-2258. Bids will be publicly opened and read aloud in the City Hall Conference
Room on the above-appointed date at 2:0 I p.m" or as soon thereafter as possible on AprilS,
2005.
Prospective bidders may secure a copy of the bid package from Joyce Tolbert. Purchasing Agent
at Ocoee City Hall or through the City's website at wVvw.ci.ocoee.t1.us under Demandstar-
Bids/Vendors, The bid package will include information regarding the property as prepared by
the City without any warranty or guarantee. All bids shall be submitted in a sealed envelope,
plainly marked on the outside with the appropriate bid number and opening date and time,
Bids received after that time will not be accepted or considered. No exceptions will be made_
The City reserves the right to reject any and all bids and waive infonnalities.
No fax or e-mail submissions will be accepted.
City Clerk
February 20, 2005
B05-07
2
SOLICITATION FOR FORMAL SEALED BID
BID #B05-07 NOTICE OF SALE OF CITY OF OCOEE OWNED REAL EST ATE,
INCLUDING GAS/DIESEL TANKS AND PUMPS
February 20, 2005
Property Address: 370 Enterprise Street
Please read and comply with all instructions contained herein:
Each bidder shall furnish the information required on the bid form and each accompanying sheet
thereof on which he makes an entry. Bids submitted on any other fonnat shall be disqualified.
Bids will be publicly opened and read aloud in the City Hall Conference Room on the above-
appointed date at 2:01 p.m., or as soon thereafter as possible on AprilS, 2005. Prospective
bidders may secure a copy of the bid package from Joyce Tolbert, Purchasing Agent at Ocoee
City Hall. The bid package will include information regarding the property as prepared by the
City without any warranty or guarantee. All bids shall be submitted in a sealed envelope, plainly
marked on the outside with the appropriate bid number and opening date and time.
Bids received after that time will not be accepted or considered. No exceptions will be made.
The City reserves the right to reject any and all bids and waive informalities,
PRICES SHALL REMAIN FIRM FOR A PERIOD OF 45 DA \'S FROM DATE OF BID OPENING. PLEASE
CHECK YOUR PRICES BEFORE SUBMISSION OF BID, AS NO CHANGE IN PRICES WILL BE ALLOWED
AFTER BID OPENING. Do NOT llSE PENCIL WHEN INSERTING PRICES, l1SE INK OR TYPEWRITER
ONLY. BE SlIRE BID IS SIGNED AND NOTARIZED.
No fax or electronic submissions will be accepted.
TERMS AND CONDITIONS
A 5% company check, cashier's check, or money order payable to the City ofOcoee must
accompany your bid. Award of bid will be made by the Ocoee City commission at its regularly
scheduled commission meeting. You will be notified of award within one week after award of
acceptance of your bid. If your offer is accepted, you will have ten (J 0) days from notification of
award within which to execute a purchase contract in a form provided by the City as part of the
bid package. The purchase contract will require an additional deposit in the amount of 5% of the
amount bid (for a total deposit of 10%). The entire deposit will be at risk and non-refundable,
The purchase contract once entered into will be enforceable by specific performance. I l' you fail
to execute the purchase contract and deliver the additional deposit w-ithin that time frame, then
your 5% amount submitted will be retained by the City and will not be refunded, and you will no
B05-07
.,
"
longer have any right to purchase the property, In such event the City, at its option, may award
to the next highest bidder or negotiate a purchase price with the next highest bidder or reject all
remaining bids, subject to all the same rules as the first bidder who declined. This method will
be used until a purchase is made or the City rejects all remaining bids.
The City reserves the right to accept or reject any or all bids and to waive any informalities. The
City also reserves the right to make such modifications to the purchase contract as the City in its
discretion deems to be in the best interest of the City,
Award will be based on the highest bid (purchase price) to the City, unless the highest bidder
fails to enter into a purchase contract and pay the additional deposit in which case the award
procedures set forth above will be followed. Please use only the price sheet provided. Any other
format submitted will be cause for disqualification of your bid,
By submission of this bid. the bidder ce11ifies, and in the case of ajoint bid each party thereto
certifies as to its o\vn organization. that in connection \vith this bid:
(A) The prices in this bid have been arrived at independently, without consultation.
communication, or agreement for the purpose of restricting competition, as to any matter
relating to such prices with any other bidder or with any competitor.
(B) Unless otherwise required by law, the prices which have been quoted in this bid have not
been knowingly disclosed by the bidder and will not knowingly be disclosed by the
bidder prior to opening, directly or indirectly to any other bidder or to any competitor.
(C) No attempt has been made or will be made by the bidder to induce any other person or
firm to submit or not to submit a bid for the purpose of restricting competition_
(0) After the bids are opened, no attempt will be made by the bidder to induce any other
person or firm to withdraw their bid,
(E) After the bids are opened. the bidder will have no communication with any other bidders
prior to the time that the successful bidder executes a purchase contract with the City.
Failure to observe any of the above instructions and conditions may constitute grounds for
rejection of your bid. The City reserves the right to make that determination.
The City will not pay any brokerage fees or tinder fees. If the successful bidder has a broker.
then such bidder will be responsible to pay all such fees in addition to the amount bid.
The City will convey title to the property by special warranty deed subject to comprehensive
land use plans, zoning, restrictions, prohibitions and other requirements imposed by
governmental authority; restrictions and matters appearing on the plat or otherwise common to
the subdivision; public utility easements; and all matters appearing in the public records of
Orange County, Florida affecting the parcel. The parcel will be conveyed free and clear of all
liens.
B05-07
4
The City discloses that this site has been used by the City as a fleet maintenance facility, This
site has been identified with contaminated groundwater and is subject to natural attenuation
monitoring of groundwater by Florida Department of Environmental Protection. FDEP ID #
489101299.
The parcel and all improvements located thereon will be conveyed, "as is" "where is" without
any warranty or representation being made by the City other than the warranties of title
contained in the special warranty deed. The property which is the subject of the bid includes the
existing building, gas/diesel tanks and pumps located on the real property. The property
excludes the generator, ice machine, phone system and air compressor which may be removed by
the City prior to closing.
It is the responsibility of each person submitting a proposal to undcrtake such investigations as
they may deem appropriate to satisfy themselves as to the condition of the property,
City will pay for and provide for an owner's title insurancc policy and updated survey certified to
successful bidder. Purchaser will be responsible to pay for all documentary stamps and
recording fees, All closing documents will be prepared by the City and will be in a form
acceptable to the City.
Pursuant to Florida law, the City hereby discloses that radon is a naturally occurring radioactive
gas that when accumulated in a building in sufficient quantities may present health risks to
persons who are exposed to it over time. Levels of radon that exceed Federal and State
guidelines have been found in buildings in Florida, Additional information regarding radon or
radon testing may be obtained from your County Public Health Unit.
An information packet regarding the property has been provided with these bid instnlctions. The
City does not warrant the accuracy of any information contained in the information packet. Each
bidder is responsible for independently satisfying himself as to the accuracy of all information.
Access to the property during normal business hours will be provided upon request, in order for
prospective bidders to conduct such inspections and investigations as they deem necessary.
Please contact Joyce Tolbert, Purchasing Agent to schedule any site visits. Any such inspections
cannot interfere with ongoing business operations or cause any damage to the property.
B05-07
5
BID PRICE SHEET AND SIGNATURE SECTION
BID #805-07 NOTICE OF SALE OF CITY OF OCOEE OWNED REAL ESTATE,
INCLUDING GASfDIESEL TANKS AND PUMPS
Property Address: 370 Enterprise Street, Ocoee, Florida
MINIMUM BID $600,000
By signing below, the bidder acknowledgcs that he has rcceived the information packct from the City and
has conducted such independent investigations as the bidder has deemed necessary and appropriate in
connection with the submittal of this bid.
The successful bidder will be responsible to pay any brokerage fees_ Indicate whether you have retained a
broker to represent you in this bid. _YES NO. If YES, indicate the name of the
broker:
The Total Price Bid below is exclusive of closing costs to be paid by the successful bidder. Any closing
costs will be paid per the terms of this bid document and will be in addition to the Total Price Bid.
TOTAL PRICE BID (PURCHASE PRICE): $
Name of
Type of Entity (if other than an individual}:..
Manual Signature of Bidder:
Title of Person signing (if other than an individual):
Address:
Phone:
Sworn to and subscribed before me this
of
20
Personally Known
or
Notary Public ~ State of
Produced Identification
County of
(Type of Identification)
._ -_0'___'- ___
Signature of Notary Public
Printed. typed or stamped
Commissioned name of Notary 11uhlic
B05-07
6
PROPERTY INFORMATION
B05-07
7
ApPRAISAL OF THE CITY OF OCOEE PUBLIC WORKS FACILITY
370 ENTERPRISE STREET
OCOEE, ORANGE COUNTY, FLORIDA
NEIGHBORHOOD ANALYSIS
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OVERVIEW
PAGE 10
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The neighborhood is essentially made up of a portion of the intersection of Kissimmee
Avenue and Story Road in the city limits of Ocoee, Orange County. For the purposes of this
analysis, the neighborhood shall be defined as the portion of Kissimmee Avenue corridor
from its intersection with SR 50 in the south (where it is known as Maguire Road) north to
Franklin Street (SR 438) where it is known as Bowness Road. The neighborhood is about 10
miles west of the central business district of the City of Orlando. The property is located
within the municipal boundaries of the City of Ocoee.
MAJOR ACCESS FEATURES
State Road 50 is the major east-west highway bisecting the neighborhood, This highway
extends in an east-west direction through Orlando and beyond.
Maguire Road is a local connector thoroughfare extending in a north-south direction through
the neighborhood. It provides access to residential areas to the south in Ocoee and
Windermere and to the north in Ocoee and Apopka.
04.1016
APPRAISAL OF THE CITY OF OCOEE PUBLIC WORKS FACILITY
370 ENTERPRISE STREET
OCOEE, ORANGE COUNTY, FLORIDA
PAGE 11
Florida's Turnpike intersects with State Road 50 approximately one mile southwest of the
property. This highway provides easy access to and from metropolitan areas,
East-West Expressway (SR 408) intersects with SR 50 approximately two to three miles
east of the property. This highway provides easy access to and from the southern areas of
the Orlando surfounding metropolitan area.
Central Florida Greeneway (SR 417) is a proposed toll road, which is currently under
construction, approximately ~ mile west of Maguire Road. This road will be a major north-
south connector for the area. It will temporarily terminate to the south at its intersection with
Florida's Turnpike and will ultimately travel north to Sanford. However, initially the road will
only be accessible to the south to Interstate 4 near Walt Disney World.
DEVELOPMENT PATTERNS
The neighborhood, as defined herein, is a localized industrial and commercial destination.
The Holiday Inn West, constructed in 1972 and located at the northeast corner of SR 50 and
Maguire Road, was one of the first major franchised hotels built in the area, The Florida
Auto Auction of Orlando is located on the north side of SR 50, along the south side of Story
Road and west of Marshall Farms Road and Maguire Road. Over the past several years the
Auto Auction has assembled numerous parcels of land surrounding the main site and are
continuing to do so. Marshall Farms Road and Maguire Road (Bowness Road) is proposed
to be four-Ianed sometime in the future,
Immediately surrounding the subject is West Orange Industrial Park which was developed in
the 1970's and 1980's and is approximately 95% built-out. The land sizes range from one
acre to over five acres. The buildings range in size from 1,770 square feet to almost 75,000
square feet and are approximately 5-28 years in age, Most of the users in the park are
associated with the auto auction which is located just south of the park.
Village Marketplace is located at the southeast quadrant of West Colonial Drive and Maguire
Road. It was one of the first shopping centers in the area and followed by the development
of the Towne Square Shopping Center located in the northwest quadrant. This center is
anchored by a Wal-Mart center and contains approximately 120,000 SF and includes local
tenants such as Papa John's, Radio Shack and Subway. It should be noted that the Wal-
Mart in Towne Square Shopping Center will be closing in approximately one year and is in
the process of developing a Wal-Mart SuperCenter approximately ~ mile east. Outparcels
at Towne Square Shopping Center include Bamett Bank, McDonald's and Arby's,
Village Marketplace and Towne Square Shopping Centers are the two primary retail
destinations within the neighborhood. Other developments include conveniencelfilling
stations at the corners of SR 50 and Maguire Road.
04-1016
APPRAJSAL OF THE CITY OF OCOEE PUBLIC WORKS FACILITY
370 ENTERPRISE STREET
OCOEE, ORANGE COUNTY, FLORIDA
PAGE 12
Over the past several years, the residential growth in western Orange County has
accelerated, This, in turn, has created a need for additional retail and commercial
developments. Much of this new commercial development has occurred along the SR 50
corridor. Two of the most significant commercial developments in the west Orange County
area in recent years have been the Highland Lakes power center at the northwest corner of
State Road 50 and Hiawassee Road and the West Oaks Mall at Clarke Road and State
Road 50. These two projects have spawned the commencement of a retail/commercial
"destination" neighborhood along the SR 50 corridor from Hiawassee Road on the east to
the West Oaks Mall on the west. Following these developments, numerous other
retail/commercial properties have been purchased in this area for a variety of highway
oriented projects,
The property is within an established industrial/commercial neighborhood centered around
the intersection of SR 50 and Florida's Tumpike, This places the property directly across the
street from Florida Auto Auction of Orlando and their proposed main entrance.
Additionally, Central Florida Investments, one of the areas largest resort and timeshare
owner and developer, is in the process of redeveloping a 130,000 SF manufacturing plant, in
the immediate neighborhood, into an intemational call center. This will bring up to 1,300
employees into the neighborhood, This will obviously be of economic benefit to local
businesses,
SUMMARY & CONCLUSIONS
The neighborhood comprises an established commercial destination node serving the
growing residential population of western Orange County as well as a thriving industrial
base, While newer commercial development is occurring along SR 50, to the east of the
neighborhood, this is seen as an enhancement to the businesses since the newer
developments to the east are sufficiently close so as to provide the benefit of the additional
retail traffic that is being generated.
04-1016
APPRAISAL OF THE CITY OF OCOEE PUBLIC WORKS FACILITY
370 ENTERPRISE STREET
OCOEE, ORANGE COUNTY, FLORIDA PAGE 13
PROPERTY DESCRIPTION
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D4-1016
ApPRAISAL OF THE CITY OF OCOEE PUBLIC WORKS FACILITY
370 ENTERPRISE STREET
OCOEE, ORANGE COUNTY, FLORIDA
PAGE 14
SITE DESCRIPTION
Location
The property is located on the south side of Enterprise Street, just west of its intersection
with Bowness Road, in Ocoee, Orange County, Florida. This location is within the West
Orange County Industrial Park. The property address is 370 Enterprise Street, Ocoee,
Florida 34761-2223,
Size/Configuration
The site is basically rectangular and contains a total area of 2.98:t acres. There is
approximately 300:t feet of frontage along Enterprise Street and an average depth of 432:t
feet.
Topographv
The site appears to be generally level and above road grade.
Access & Exposure
The property is accessed via Enterprise Street, a two-Ianed, east-west arterial which
supplies access to the industrial park. Enterprise Street terminates at Story Road in the
southwest and Bowness Road in the east. Both are medium to heavy traffic arterials for the
area. Therefore, property exposure is considered to be good.
Flood Hazard
Community-Pane' Number
1201850005 B
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Nov.mller 1, 1918
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ZONE C
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Based on Community Panel No_ 1201850005 B, effective November 1,1978, of the Flood
Insurance Rate Maps of the National Flood Insurance Program, that the building appears to
be located in Zone "e" which is an area of minimal f1ooding_
04-1016
ApPRAISAL OF THE CITY OF OCOEE PUBLIC WORKS FACILITY
370 ENTERPRISE STREET
OCOEE, ORANGE COUNTY, FLORIDA
PAGE 15
ZONING & FUTURE LAND USE
The property is zoned 1-2, (General Industrial District), by the City of Ocoee and the Future
Land Use designation for the property is for Heavy Industrial. This zoning classification
allows for a variety of intensive industrial uses, After further determination, the property
appears to be suitable for development in compliance with current zoning regulations.
The property as improved appears to conform to zoning regulations,
UTILITIES & SERVICES
Water and sewer service are provided by the City of Ocoee. Telephone service is provided
by Sprint. Electricity is provided by Florida Power Corporation.
REAL ESTATE ASSESSMENT & TAXES
The property is assessed as follows. Since the property is owned by a municipality ad
valorem taxes are not applicable.
TAX PARCEL IDENTIFICATION NO. 2004 ASSESSMENT
2228-19-9153-02-400
Land Assessment $163,279
Improvements Assessment 133,573
Extra Features Assessment 28,010
Total Assessment $324.862
2004 Gross Real Estate Taxes NA
-
Known Easements
Public records reveal typical easements. Please note that along the eastern boundary of the
site is a drainage easement in the form of an open ditch,
DESCRIPTION OF IMPROVEMENTS
The development consists of a grade-level prefabricated metal office/warehouse facility
constructed in 1981. The building totals 4,692:t square feet with approximately 1.092:t
square feet (23%) being office area. Within the warehouse area is 520:t square feet of
mezzanine used for light storage. Below the mezzanine is utilized for parts storage. a small
office and bathrooms, Attached to the warehouse area is a 660:t square foot covered open
area used for outdoor storage, In addition. there are several small sheds used for a variety
of uses such as temporary offices and storage.
04-1016
ApPRAISAL OF THE CITY OF OCOEE PUBLIC WORKS FACILITY
370 ENTERPRISE STREET
OCOEE, ORANGE COUNTY, FLORIDA
PAGE 16
Below is a summary of the salient construction features:
Foundation:
Exterior Walls:
Roof:
Concrete monolithic slab
Prefabricated metal
Metal single ply roof system with insulation_
Flooring:
Commercial tile in office areas; concrete flooring in warehouse
area.
Interior Walls:
Wood paneling in office area.
Ceilings:
Suspended acoustical tile with recessed fluorescent lighting in
office areas. Warehouse area has exposed metal structure with
insulation.
Doors! Windows:
Metal doors and windows encased in aluminum. Warehouse
has three 12-foot roll-up doors.
Central HV AC in office area, Small offices in warehouse area
have wall air conditioning units.
16 to 18 feet in warehouse area
Mechanical:
Eave Heights:
Ceiling Height:
Parking:
Eight feet in office area
Ample open parking due low coverage ratio.
Site Improvements:
Excluding the buildings and drainage easement most of the site
is asphalt paved. Six-foot chain link fencing with gates, fuel
pumping station and canopy, emergency generator, several
small sheds. (See Special Assumptions).
OBSERVATIONS & CONCLUSIONS
The property is utilized for the base of operations for the City of Ocoee Public Works
Department. The improvements appear to be of average quality construction and are
functional for their intended use. The improvements only cover approximately 4% of the
entire site, which is lower than most similar properties in the area. This indicates that there
are excess or surplus lands on the site for added development. Alternately, the property is
well suited for industrial uses that have a need for outdoor storage of heavy equipment,
inventory and supplies, etc.
The office areas of the building were undergoing renovation/remodeling at the date of our
inspection. We have assumed the remodeling will be completed shortly and in a good and
workmanlike manner.
04-1016
APPRAISAL OF THE CITY OF OCOEE PUBLIC WORKS FACILITY
370 ENTERPRISE STREET
OCOEE, ORANGE COUNTY, FLORIDA PAGE 5
PHOTOGRAPHS OF THE PROPERTY
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APPRAISAL OF THE CITY OF OCOEE PUBLIC WORKS FACILITY
370 ENTERPRISE STREET
OCOEE, ORANGE COUNTY, FLORIDA PAGE 6
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04-1016
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19-22-28-9153-02-400
70 ENTERPRISE ST
ITY OF OCOEE
50 N LAKESHORE DR
XOEE. FL. 34761
E - OCOEE
ARKET
163279
163279
132,186
.28,010
323 475
323.475
323,475
o
8399.02
1537376.11
282219915302400
http://paims. ocpafl.orglwebmap/printrnap.asp?pin=282219915302400&condo=O&mapurl= _.. ll/SnOO4
PURCHASE AND SALE AGREEMENT
This Purchase Agreement (this "Agreement") is made and entered into this _
day of April, 2005 (the "Effective Date"), by and between the CITY OF OCOEE, a
Florida municipal corporation, whose address is 150 North Lakeshore Drive, Ocoee,
Florida 32761 (hereinafter referred to as the "Seller"), and OVERNITE
TRANSPORTATION COMPANY, a
corporation, whose address is
1000 Semmes Avenue, Richmond, VA 23224 (hereinafter referred to as the "Buyer").
WIT N E SSE T H:
WHEREAS, Seller is the owner of fee simple title to certain real property located
in Orange County, Florida, as more particularly described in Exhibit "A" attached hereto
and by this reference made a part hereof (the "Property"); and
WHEREAS, Seller has agreed to sell the Property, and Buyer has agreed to
purchase the Property on the terms and conditions stated below; and
WHEREAS, Seller advertised the sale of the Property through that certain City of
Ocoee Invitation to Bid #05-07, which is attached hereto as Exhibit "B" and by this
reference made a part hereof (the "BID"); and
WHEREAS, Buyer provided a response to the BID, which is attached hereto as
Exhibit "C" and by this reference made a part hereof (the "Buyer's BID Response"); and
WHEREAS, Seller awarded this Agreement to Buyer in accordance with the
procedures set forth in the BID; and6
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WHEREAS, this Agreement IS being executed pursuant to the terms and
conditions of the BID; and
WHEREAS, Seller has disclosed to Buyer that the Property has been used by
Seller as a fleet maintenance facility and that the Property has been identified with
contaminated groundwater and is subject to natural attenuation monitoring of
groundwater by Florida Department of Environmental Protection, FDEP ID# 489101299.
NOW, THEREFORE, in consideration of the promises 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:
1. Recitals, The above recitals are true and correct and are incorporated
herein by reference,
2, The Purchase - The Property. Seller agrees to sell and Buyer agrees to
purchase, for the Purchase Price and on the terms and conditions herein set forth, the
Property, together with all tenements, hereditaments, and improvements appertaining
thereto and all of the Seller's right, title, and interest therein, The Property includes the
existing building and gas/diesel tanks and pumps located thereon. The Property excludes
the generator, ice machine, phone system and air compressor which may be removed by
Seller prior to Closing. The Seller shall convey to Buyer marketable, fee simple title to
the Property by special warranty deed free and clear of all liens, mortgages and
encumbrances, except that such conveyance is subject to comprehensive land use plans,
zoning, restrictions, prohibitions and other requirements imposed by governmental
2
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.2
authority, matters appearIng on the Survey (as defined in Paragraph 5,B of this
Agreement), restrictions and matters appearing on the plat or otherwise common to the
subdivision, public utility easements, all matters appearing in the public records of
Orange County, Florida affecting the Property and any matters set forth as permitted
exceptions in Exhibit "D", attached hereto and incorporated herein by this reference
(collectively, the "Permitted Encumbrances"), The instrument of conveyance shall
transfer all of the Seller's interest in and to all licenses, approvals, tenements,
hereditaments and appurtenances belonging or in anywise appertaining to the Property,
including without limitation of the foregoing, all right, title and interest of the Seller in
and to any land lying in the bed of any dedicated street, alley, road or avenue (before or
after vacation thereof, and whether previously abandoned or vacated or hereafter
abandoned or vacated) in front of or adjoining the Property to the center line thereof.
3. Purchase Price and Deposit.
A. The Purchase Price for the Property shall be ONE MILLION,
TWO HUNDRED TWENTY-SIX THOUSAND, SIX HUNDRED AND NO/lOO
DOLLARS ($ 1,226,600.00) (the "Purchase Price"), The Purchase Price (or such greater
or lesser amount as may be necessary to complete payment of the Purchase Price after
credits, adjustments, and prorations) shall be paid to Foley & Lardner LLP, as closing
agent (the "Closing Agent") upon Closing by wire transfer. The Closing Agent shall
disburse such funds in accordance with Paragraph 7 hereof entitled Proceeds of Sale and
Closing Procedure.
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B. Buyer delivered to Seller with Buyer's BID Response an initial
deposit in the amount of $61 ,330.00 (the "Initial Deposit"). Buyer shall deliver to Seller
an additional deposit within five (5) days from the Effective Date in the amount of
$61,330.00 (the "Additional Deposit") for a total earnest money deposit of$122,600,OO.
The Initial Deposit and the Additional Deposit are herein collectively referred to as the
"Deposit." The Deposit will be held by the Seller and may be co-mingled with other
funds of Seller. Buyer shall not be entitled to any interest on the Deposit. The Deposit
will be "at-risk" and "nonrefundable" except in the event of a default by Seller. At
Closing, the Deposit will be applied towards the Purchase Price.
4, Closine: Costs. Buyer shall pay all recording fees and documentary stamp
taxes relating to or resulting from the transfer of title to the Buyer ofthe Property. Seller
shall pay for the Title Commitment, Title Policy, any title searches, and the Survey, The
Property is currently exempt from real property taxes. Upon Closing, the Property will
become subject to real property taxes and Buyer will be responsible for all taxes accruing
subsequent to the Closing,
5, Title Insurance and Survey.
A. Prior to the Effective Date, Seller has delivered to Buyer a Title
Insurance Commitment as to the Property (the "Title Commitment") issued by First
American Title Insurance Company (the "Title Company") and committing to issue to
Buyer an owner's policy in the amount of the Purchase Price (the "Title Policy"),
showing marketable fee simple title to the Property vested in Seller subject only to liens,
4
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encumbrances, exceptions or qualifications set forth in this Agreement, the Permitted
Encumbrances (as set forth in Exhibit "D" hereto) and those matters which will be
discharged by Seller at or before Closing. Except as set forth herein, Buyer agrees to
accept title subject to matters on Schedule B-II of the Title Commitment. The Title
Commitment shall be endorsed or "marked up" at Closing so as to show title in Buyer as
required herein. At Closing, Seller shall provide the Title Company with such affidavit
as is necessary to delete the standard exceptions for parties in possession, unfiled
mechanics' liens and unrecorded leases, Seller's counsel will cause the Title Company to
limit the survey exception to matters actually shown on the Survey described in
Paragraph B of this Section below. The Title Policy to be issued by the Title Company
shall be delivered to Buyer promptly after Closing, subject only to the Permitted
Encumbrances and any other title exceptions or conditions of title accepted by Buyer in
accordance with the terms hereof and other matters expressly set forth in this Agreement.
B.
Within
~ days from the Effective Date,
Seller, at Seller's expense, shall obtain and deliver to Buyer (or Buyer's counsel) a
current Boundary Survey (hereinafter referred to as the "Survey") of the Property
prepared in accordance with the Minimum Technical Standards for Surveys in the State
of Florida (Chapter 01017-6, Florida Administrative Code). The Survey shall show any
Permitted Encumbrances capable of being shown on the Survey, encroachments or
overlaps on the Property. The Survey shall be certified to Seller, Buyer, Title Company,
and Foley & Lardner LLP, The legal description of the Property as set forth on the
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Survey shall be utilized in the Title Commitment, Title Policy, Special Warranty Deed
and all other closing documents.
6, Closine. Closing of title for the Property shall take place at the offices of
Foley & Lardner LLP, III North Orange Avenue, Suite 1800, Orlando, Florida at 10:00
, 2005 or as otherwise agreed to by Seller and Buyer (the
a.m. on
"Closing"), Seller's legal counsel shall be responsible for the preparation of all necessary
closing documents, at Seller's expense.
7. Proceeds of Sale and Closine Procedure, The attorney, title agent or
Closing Agent issuing title insurance to Purchaser with respect to the Property shall
insure against adverse title matters pursuant to Section 627,7841, Florida Statutes, (i,e"
the "gap" will be insured), Buyer agrees that the proceeds payable to Seller will be
disbursed to Seller at Closing if gap coverage is provided.
8, Notices, All notices, consents, approvals, waivers and elections which
any party shall be requested or shall desire to make or give under this Agreement shall be
in writing and shall be given only by next day delivery service or by facsimile electronic
transmission, prepaid with confirmation of delivery requested. Notices, including notice
of a change of address or phone number, shall be addressed or transmitted to the
addresses set forth below, or that a party may otherwise designate in the manner
prescribed herein:
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AS TO SELLER:
AS TO BUYER:
CITY OF OCOEE
Attention: City Clerk
150 North Lakeshore Drive
Ocoee, Florida 32761
(Telephone: (407) 905-3100)
(Fax: (407) 656-5725)
OVERNITE TRANSPORTATION
COMPANY
Attention: Pat Hanley
1000 Semmes Avenue
Richmond, VA 23224
(Telephone: (804) 231-8000)
(Fax: () )
Notices, consents, approvals, waivers and elections shall be deemed given when received
by the party for whom intended at such party's address first herein specified, or such
other address as such party may have substituted therefore by notice to the other.
9. Further Documentation. The parties agree that at anytime following a
request therefor by the other party, each shall execute and deliver to the other party such
further documents and instruments, in form and substance reasonably necessary to
confirm and/or effectuate the obligations of either party hereunder and the consummation
of the transactions contemplated hereby, The provisions of this paragraph shall survive
the closing.
10, Time of Essence, Time is of the essence for this Agreement and in the
performance of all conditions, covenants, requirements, obligations and warranties to be
performed or satisfied by the parties hereto,
11, As Is / Where Is Condition. Except as is otherwise expressly provided in
this Agreement, Seller hereby specifically disclaims any warranty (oral or written)
concerning (i) the nature and condition of the Property and its suitability for any and all
activities and uses that Buyer may elect to conduct on the Property; (ii) the manner,
construction, condition and state of repair or lack of repair of the improvements; (iii) the
FOLEY & LARDNER LLP
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_2
nature and extent of any right-of-way, lien, encumbrance, license, reservation, condition,
or otherwise; (iv) the compliance of the Property or its operation with any laws, rules,
ordinances or regulations of any government or other body; and (v) any other matter
whatsoever except as expressly set forth in this Agreement. Except as is otherwise
expressly provided in this Agreement, the sale of the Property as provided for in this
Agreement is made on a strictly "AS IS" "WHEJ IS" basis as of the Closing Date,
Buyer expressly acknowledges that, in consideration of the agreements of Seller in this
Agreement, SELLER MAKES NO WARRANTY OR REPRESENTATION, EXPRESS
OR IMPLIED, OR ARISING BY OPERATION OF LAW, INCLUDING, BUT IN NO
WAY LIMITED TO, ANY WARRANTY OF QUANTITY, QUALITY, CONDITION,
HABITABILITY, MERCHANTABILITY, SUITABILITY OR FITNESS FOR A
PARTICULAR PURPOSE OF THE PROPERTY, ANY IMPROVEMENTS LOCATED
ON THE PROPERTY OR ANY SOIL CONDITIONS RELATED TO THE
PROPERTY. BUYER SPECIFICALLY ACKNOWLEDGES THAT BUYER IS NOT
REL YING ON (AND SELLER HEREBY DISCLAIMS AND RENOUNCES) ANY
REPRESENT A TIONS OR WARRANTIES MADE BY OR ON BEHALF OF SELLER
OF ANY KIND OR NA TURE WHATSOEVER, EXCEPT FOR THE WARRANTY OF
TITLE AS SET FORTH HEREIN, FURTHER, EXCEPT AS OTHERWISE
EXPRESSL Y PROVIDED IN THIS AGREEMENT, BUYER, FOR BUYER AND
BUYER'S SUCCESSORS AND ASSIGNS, HEREBY RELEASES SELLER FROM
AND W AlVES ANY AND ALL CLAIMS AND LIABILITIES AGAINST SELLER
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FOR, RELATED TO, OR IN CONNECTION WITH, ANY ENVIRONMENTAL
CONDITION AT THE PROPERTY (OR THE PRESENCE OF ANY MATTER OR
SUBSTANCE RELATING TO THE ENVIRONMENTAL CONDITION OF THE
PROPERTY), INCLUDING, BUT NOT LIMITED TO, CLAIMS AND/OR
LIABILITIES RELA TING TO (IN ANY MANNER WHATSOEVER) ANY
HAZARDOUS, TOXIC OR DANGEROUS MATERIALS OR SUBSTANCES
LOCATED IN, AT, ABOUT OR UNDER THE PROPERTY, OR FOR ANY AND ALL
CLAIMS OR CAUSES OF ACTION (ACTUAL OR THREATENED) BASED UPON,
IN CONNECTION WITH OR ARISING OUT OF THE COMPREHENSIVE
ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT, 42
U.S,C. 99601 ET SEQ, ("CERCLA"); THE RESOURCE CONSERVATION AND
RECOVERY ACT, 42 U,S,C, 96901 ET SEQ. (RCRA"); AND THE SUPERFUND
AMENDMENTS AND REAUTHORIZATION ACT, 42 U.S,C. 99601 ET SEQ,
("SARA") OR ANY OTHER CLAIM OR CAUSE OF ACTION (INCLUDING ANY
FEDERAL OR STATE BASED STATUTORY, REGULATORY OR COMMON LAW
CAUSE OF ACTION RELATED TO ENVIRONMENTAL MATTERS OR LIABILITY
WITH RESPECT TO OR AFFECTING THE PROPERTY.
UPON CLOSING,
BUYER SHALL ASSUME THE RISK THAT ADVERSE MATTERS, INCLUDING,
BUT NOT LIMITED TO, CONSTRUCTION DEFECTS AND ADVERSE PHYSICAL
AND ENVIRONMENTAL CONDITIONS, MA Y NOT HAVE BEEN REVEALED,
AND BUYER, ON CLOSING, SHALL BE DEEMED TO HA VE WAIVED,
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RELINQUISHED, AND RELEASED SELLER FROM AND AGAINST ANY AND
ALL CLAIMS, DEMANDS, CAUSES OF ACTION (INCLUDING CAUSES OF
ACTION IN TORT), LOSSES, DAMAGES, LIABILITIES, COSTS, AND EXPENSES
(INCLUDING ATTORNEYS' FEES AND COURT COSTS) OF ANY AND EVERY
KIND OR CHARACTER, KNOWN OR UNKNOWN, THAT BUYER MIGHT HA VE
ASSERTED OR ALLEGED AGAINST SELLER, AT ANY TIME BY REASON OF
OR ARISING OUT OF ANY LATENT OR PATENT CONSTRUCTION DEFECTS
OR PHYSICAL CONDITIONS, VIOLATIONS OF ANY APPLICABLE LA WS
(INCLUDING, WITHOUT LIMITATION, ANY ENVIRONMENTAL LAWS) AND
ANY AND ALL OTHER ACTS, OMISSIONS, EVENTS, CIRCUMSTANCES, OR
MATTERS REGARDING THE PROPERTY.
EXCEPT AS OTHERWISE
EXPRESSLY PROVIDED IN THIS AGREEMENT, BUYER AGREES THAT
SHOULD ANY CLEANUP, REMEDIATION, OR REMOVAL OF HAZARDOUS
SUBSTANCES OR OTHER ENVIRONMENTAL CONDITIONS ON THE
PROPERTY BE REQUIRED AFTER THE DATE OF CLOSING, SUCH CLEANUP,
REMOVAL, OR REMEDIATION SHALL BE THE RESPONSIBILITY OF AND
SHALL BE PERFORMED AT THE SOLE COST AND EXPENSE OF BUYER.
BUYER, WITH BUYER' S COUNSEL, HAS FULLY REVIEWED
THE DISCLAIMERS AND WAIVERS SET FORTH IN THIS AGREEMENT
AND UNDERSTANDS THEIR SIGNIFICANCE AND EFFECT. BUYER
ACKNOWLEDGES AND AGREES THAT THE DISCLAIMERS AND OTHER
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AGREEMENTS SET FORTH IN THIS AGREEMENT ARE AN INTEGRAL
PART OF THIS AGREEMENT, AND THAT SELLER WOULD NOT HAVE
AGREED TO SELL THE PROPERTY TO BUYER FOR THE PURCHASE
PRICE WITHOUT THE DISCLAIMERS AND OTHER AGREEMENTS SET
FORTH IN THIS AGREEMENT. THE TERMS AND CONDITIONS OF THIS
SECTION 9 WILL EXPRESSLY SURVIVE THE CLOSING AND WILL NOT
MERGE WITH THE PROVISIONS OF ANY CLOSING DOCUMENTS.
12. Ae:reement; Amendment. This Agreement constitutes the entire
agreement between the parties, and supersedes all previous discussions, understandings
and agreements, with respect to the subject matter hereof. Amendments to and waivers
of the provisions of this Agreement shall be made by the parties only in writing by formal
amendment.
13. Specific Performance. In the event of a default by either party hereto, the
non-defaulting party shall have the right to enforce the terms and conditions of this
Agreement by an action for specific performance, The forgoing shall be the exclusive
remedy in the event of a default by either party, Notwithstanding the forgoing, except in
the case where Buyer fails to pay when due the Deposit or the Purchase Price, the parties
agree that they shall not seek to enforce the terms of this Agreement by an action for
specific performance against a defaulting party unless and until the defaulting party has
first been given fifteen (15) days written notice of a default hereunder, and the defaulting
party has failed, within such fifteen (15) day period, to cure such default.
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14, Compliance with Charter. The sale of the Property has been approved
by the Ocoee City Commission after an advertised public hearing on April 19, 2005 in
accordance with Section C-8,B.2 of the City of Ocoee Charter.
15, Applicable Law, This Agreement shall be construed and interpreted in
accordance with the laws of the State of Florida.
16. Successors and Assie:ns, This Agreement shall be binding upon and inure
to the benefit of the parties hereto, their respective legal representatives, successors, heirs
and assigns.
17. Counterparts: Facsimile Copies. This Agreement and any amendments
to this Agreement may be executed in any number of counterparts, each of which shall be
deemed to be an original instrument, but all such counterparts together shall constitute
one and the same instrument. Facsimile copies of this Agreement and any amendments
to this Agreement and any signatures thereon shall be considered for all purposes as
originals, provided that each of the parties hereto delivers an executed counterpart
original of this Agreement and any amendments to this Agreement to the other party by
hand delivery or overnight courier within three (3) business day after the date of
execution of the facsimile copy of this Agreement and any amendments to this
Agreement.
18. Radon Gas, Pursuant to the provisions of Section 404,056(5), Florida
Statutes, Seller hereby notifies Buyer as follows with respect to the Property: "Radon is a
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naturally OCCUITlng radioactive gas that, when it has accumulated in a building in
sufficient quantities, may present health risks to persons who are exposed to it over time.
Levels of radon that exceed federal and state guidelines have been found in buildings in
Florida. Additional information regarding radon and radon testing may be obtained from
your county public health unit."
IN WITNESS WHEREOF, the parties hereto have duly executed this
Agreement, to become effective as of the date and year first above written,
Signed, sealed and delivered
in the presence of:
SELLER:
CITY OF OCOEE,
a Florida municipal corporation
By:
Print Name:
S. Scott Vandergrift,
Mayor
Print Name:
Attest:
Beth Eikenberry,
City Clerk
[AFFIX SEAL]
Executed on:
,2005
For use and reliance only by the City of
Ocoee, Florida. Approved as to form and
legality this _ day of April, 2005.
APPROVED BY THE OCOEE CITY
COMMISSION AT A MEETING
HELD ON APRIL 19TH, 2005 UNDER
AGENDA ITEM NO.
FOLEY & LARDNER LLP
By:
City Attorney
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Signed, sealed and delivered
in the presence of:
Print Name:
Print Name:
.2
BUYER:
OVERNITE TRANSPORT A TION
COMPANY,
a corporation
By:
Name:
Title:
Executed on:
,2005
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EXHIBIT "A"
(The "Property")
Lot K, 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
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EXHIBIT "B"
(the "BID")
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EXHIBIT "c"
(the "Buyer's BID Response")
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EXHIBIT "D"
(the "Permitted Encumbrances")
1. Taxes and assessments for the year 2005 and subsequent years, which are not yet
due and payable.
2. Matters appearing on the plat of WEST ORANGE INDUSTRIAL PARK UNIT
TWO recorded in Plat Book 5, Page(s) 84 and 85, including, but not limited to,
any building setback lines and/or easements lying within the lot(s) described in
Schedule "A",
3. Restrictive Covenants recorded September 7, 1971 in Book 2113, Page 94; as
supplemented by Notice of Restrictions recorded April 1, 1974 in Book 2515,
Page 401.
4. Orange CountylPrima Vista Utility Company, Inc. Sewer Services Territorial
Agreement Contract No, S-87-8 recorded June 10, 1987 in Book 3894, Page
1363; First Amendment recorded February 23, 1994 in Book 4702, Page 2589;
Second Amendment recorded December 7, 1999 in Book 5896, Page 3531; and
Third Amendment recorded January 11, 2002 in Book 6432, Page 2130.
5. Orange County/City of Ocoee Water Service Territorial Agreement Contract No,
W-88-06 recorded November 23, 1988 in Book 4034, Page 291 and recorded
August 1, 1989 in Book 4102, Page 367; First Amendment recorded February 23,
1994 in Book 4702, Page 2576; and Second Amendment recorded January 11,
2002 in Book 6432, Page 2116.
6, Distribution Easement in favor of Florida Power Corporation recorded January
20, 2000 in Book 5926, Page 2843.
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BID TABULATION FOR:
BID #B05-07
NOTICE OF SALE OF CITY OF OCOEE OWNED REAL ESTATE, INCLUDING GAS/DIESEL TANKS AND PUMPS
4/05/05 2:00 p.m.
BIDDER
TOTAL BID
(PURCHASE PRICE) $1,226,600_00
5% DEPOSIT Company Check
$61,330.00
ADDENDUM #1 yes
BID SIGNED/NOTARIZED yes
NOTICE OF PUBLIC HEARING - CITY OF OCOEE
Notice is hereby given pursuant to the Charter of the City of Ocoee, Florida that the City of
Ocoee intends to award Bid #B05-07 Notice of Sale of City of Ocoee Owned Real Estate,
Including GasIDiesel Tanks and Pumps to Ovemite Transportation Company, and that the City
Commission will hold a public hearing on April 19, 2005 at 7:15 p.rn, or as soon thereafter as
practical in the Commission Chambers, City Hall, located at 150 N. Lakeshore Drive, Ocoee,
Florida 34761. The purpose of the public hearing is to approve the sale of the City of Ocoee
owned property located at 370 Enterprise Street, Ocoee, Florida to Ovemite Transportation
Company.
Interested parties may appear at the public hearing to be heard with respect to the proposed
action. The City Commission may continue the public hearing to other dates and times as they
deem necessary, Any interested party shall be advised that the dates, time, and places of any
continuation of this or continued public hearing shall be announced during the hearing and no
further notice regarding these maters will be published, A copy of the proposed action may be
examined at the City Clerk's office during normal business hours or by visiting the City's
website at www.ci.ocoee.fl.us.
If any person decides to appeal any decision made with respect to any matter considered at this
public hearing such person will need a record of proceedings and for such purpose such person
may need to ensure that a verbatim record of the proceedings is made at their own expense and
which record includes the testimony and evidence on which the appeal is based, Persons with
disabilities needing assistance to participate in the public discussion should contact the City
Clerk's office 48 hours in advance of the meeting at (407) 905-3105.
Dated this 6th day of April, 2005.
CITY OF OCOEE
By: Beth Eikenberry, City Clerk
006.329202.1
Copy of Public Hearing Advertisement
Date Published
S'evrh I'lC \
w SUNDA Y, APRIL 10, 2005
K17
Advertisement
UL::>OI;t:)V:)u
NonCE Of PUBUC
HEARING-CITY Of OCOEE
NOTICE IS HEREBY GIVEN. pursuant to
the Charter af the_City of Ocoee.
Florida that the City of Ocoee in-
tends to award Bid #B05-07 Notice
of Sale olCity. of 0coee Owned Real
Estate. I ncluding Gas/Diesel Tanks
and Pumps to Overnite Transporta-
tion Company.. and that the OCOEE
CITY COMMISSION wi II hold a PUBUC
~:~RI~:. '::'r T~;':~~nA~~~rl:cif~~5 a.~
praclical in the Commission Cham-
bers, City Hall, located at 150 N_
Lakeshore Drive, Ocoee. Florida
34761. The purpose of the public
hearing is to sell the City of Ocoee
owned property located at 370 En-
terprise Street, Ocoee. Florida to
Overnite Transportation Company.
I nterested parties may appear at
the public hearing to be heard with
respect to the proposed action_ The
City Commission may continue the
public hearing to other dates and
times as they deem necessary, Any
interested party shall be advised
that the dates, time. and places of
any continuation of this or contin-
ued public hearing shall be an-
nounced during the hearing and no
further notice regarding these mo-
ters will be published. A copy of the
proposed action may be examined
at the City Clerk's office during
normal business hours or by visit-
ing the City's website at www.ci.o-
coee.fl.us. '
If any person decides to appeal any
decision made with respect to any
matter considered at this public
hearing such person will need a re-
cord of proceedings and for such
purpose such person may need to
ensure that a verbatim record of
the proceedings is made at their
own expense and which record in-
cludes the testimony and evidence
on which the appeal is based_ Per-
sons with disabilities needing assis-
tance to participate In the pUblic
discussion should contact the City
Clerk's office 48 hours in advance of
the meeting at (407) 905-3105.
Dated this 6th day of April, 2005.
CITY Of OCOEE
Beth Eikenberry.
City Clerk
OLS6125196 APR.l0.2oo5
AD PLACEMENT - 24 h rS/day,
7 dayS/Wk, 365 dayS/Yr_
1-800-669-5757
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