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VI(C) Wal-Mart Supercenter Agenda 7-16-02 Item VI C 1,2,&3 g Center oLfr, Mayor �b 4� Commissioners S. Scott Vandergrift � 0• Danny Howell, District 1 f Good Scott Anderson,District 2 City ManagerfIgt + � Rusty Johnson, District 3 Jim Gleason � n,, t Nancy J. Parker,District 4 STAFF REPORT DATE: July 9, 2002 TO: Honorable Mayor and City Commissioners FROM: Russell B. Wagner, AICP, Director of Planning / SUBJECT: Wal-Mart Supercenter Amendments to the Preliminary & Final Subdivision Plans, the Plat of Wal-Mart at Ocoee, and to the Development Agreement with Wal-Mart Stores East, Inc. ISSUE: Should the Mayor and City Commissioners approve the subject amendments for Wal- Mart Supercenter? BACKGROUND: The original approval of the Wal-Mart Supercenter provided for various development restrictions which were called out in the subject documents. These restrictions, which include specific provisions related to front setbacks (100 foot maximum on out parcels) and signage (100 sq. ft. maximum on out parcels) were part of a comprehensive, negotiated package wherein Wal-Mart was granted various waivers within their project. The City Commission previously granted a waiver from the 100 foot maximum front setback requirement for Lot 3 of the Wal-Mart Supercenter; however, no one at that time realized that this limitation was called out in the subject development documents. It was only when research was done on the request for a sign waiver on the adjoining lot (La-Z Boy) that it was discovered that development restrictions were in place that would have to be legally modified. DISCSSION: In order to legally effectuate the waivers previously granted to Lot 3, the City Attorney advised the purchaser that various documents affecting development of the Wal-Mart Supercenter would have to be amended and agreed to by both Wal-Mart Stores and the City of Ocoee• 150 N Lakeshore Drive•Ocoee,Florida 34761 phone: (407)905-3100•fax:(407)656-8504•www.ci.ocoee.fl.us Page 2 Honorable Mayor and City Commissioners July 9, 2002 City of Ocoee. Accordingly, the attached legal documents executed by Wal-Mart Stores are being submitted to the Mayor and City Commissioners for approval. In addition to "legalizing" the front setback waiver already granted to Lot 3, the various amendments to the documents also propose a new condition which would only affect Lot 3, that having to do with allowable signage. The developer of Lot 3 proposes to build a multi-tenant retail center on Lot 3, and he believes that the 100 sq. ft. signage limitation is too restrictive for this type of use. Therefore, the changes proposed would give Lot 3 the ability to have more signage than the other out parcels, but still limit it to the provisions of the Land Development Code. If this further change is granted, Lot 3 could theoretically have signage totaling 225 sq. ft. versus the 100 sq. ft. currently permitted on all other out parcels. This is based upon an 11,078 sq. ft. multi-tenant building with 165 feet of frontage which would be permitted to have 1) a 36 sq. ft. freestanding sign; 2) an additional 24 sq. ft. sign allowed on a stand- alone out parcel building and placed on the side or rear facing an entry driveway or public parking area; and 3) up to 165 sq. ft. of wall signage constituting the combined total for all tenants located within the retail center assuming 1 sq. ft. of signage for each lineal foot of store frontage up to a maximum of 36 sq. ft. of signage for any individual tenant within the facility. STAFF RECOMMENDATION: Staff respectfully recommends that the Mayor and City Commissioners approve the attached amendments related to the Wal-Mart Supercenter that pertain to the front setback on Lot 3 in recognition of the waiver previously granted. Staff, however, does not recommend changes to signage conditions that simply affect Lot 3 since this would be inconsistent with the recent action of the City Commission upholding the 100 sq. ft. maximum on the adjoining out parcel thereby maintaining consistency within the entire development. RBW/csa Attachment 1) Agreement for Modification of Conditions of Approval for Preliminary and Final Subdivision Plans 2) Agreement for Modification of Plat Note on Plat of Wal-Mart at Ocoee Subdivisions 3) First Amendment to Development Agreement 4) Agreement for Modification of Wal-Mart Master Signage Plan 5) Public Hearing Advertisement dated July 4, 2002 O:\CALEXAN D E R\ALL_DATA\CA P D FI L E\Memorandums\Mfp2002\M FP02111.doc JUN-rti-LUUc. 1'1(1 Ui'tU t"(I I'I1n lU, This instrument prepared by: Scott A.Glass,Esq. Shuns&Bowen,LLP 300 S.Orange Ave.,Ste. 1000 Orlando,Fi.32801 After recording please return to: Jean Grafton,City Clerk City of Ocoee 150 N.Lakeshore Drive Ocoee,FL 34761 AGREEMENT FOR MODIFICATION OF CONDITIONS OF APPROVAL FOR PRELIMINARY AND FINAL SUBDIVISION PLANS (Wal-Mart) THIS AGREEMENT FOR MODIFICATION OF CONDITIONS OF APPROVAL FOR PRELIMINARY AND FINAL SUBDIVISION PLANS (this "Agreement")is made and entered into this_day of ,2002,by and between WAL- MART STORES EAST,INC.an Arkansas corporation whose mailing address is 2001 S.E. 10th Street,Bentonville,Arkansas 72712-6489,Attention:Jamie Hutcheson(hereinafter referred to as the"Owner")and the CITY OF OCOEE,a Florida municipal corporation,whose mailing address is 150 North Lakeshore Drive,Ocoee,Florida 34761,Attention Manager(hereinafter referred to as the"City"). WITNESSETH: WHEREAS,the Owner owns fee simple title to certain lands located in Orange County, Florida,and within the corporate limits of the City of Ocoee,Florida,said lands being more particularly described as follows(the"Property"): Tracts A,B,C and D,and Lots 1,2,3,4,5 and 6 as platted ou that certain Plat of Wal-Mart at Ocoee as recorded in Plat Book 48,Page 122,Public Records of Orange County,Florida WHEREAS,on the City Commission approved a Preliminary Subdivision Plan for the Property(the"Preliminary Subdivision Plan");and; WHEREAS,on the City Commission approved a Final Subdivision Plan for the Property(the"Final Subdivision Plan");and, WHEREAS,both the Preliminary Subdivision Plan and the Final Subdivision Plan contain conditions of approval(the"Conditions of Approval"); and, 1 WHEREAS,Condition of Approval number 29 on both the Preliminary Subdivision Plan and the Final Subdivision Plan provides that the maximum building setback on Lots 2,3,4, 5 and 6 shall be 100 feet;and, WHEREAS,the Owner has requested and the City has agreed that Lot 3 of the Property should not be subject to Condition of Approval No.29 pertaining to the maximum setback but rather should be subject to the regular code provisions,or waivers granted therefrom by the City Commission,with respect to setback requirements; and, WHEREAS,the Owner and the City desire to execute this Agreement to evidence their mutual agreement as to the removal of Lot 3 from the provision of Condition of Approval No.29 regarding to setback. NOW THEREFORE,in consideration of the premises and other good and valuable consideration,the receipt and sufficiency of which being hereby acknowledged by each party hereto,the parties hereby agree as follows: Section 1. Recitals. The foregoing recitals are true and correct and are incorporated herein by this reference. Section 2. Amendment of Preliminary and Final Subdivision Plans. The Preliminary Subdivision Plan and the Final Subdivision Plan are each hereby amended by y amending Condition of Approval No.29 on each to read as follows: THE MAXIMUM BUILDING SETBACK ON LOTS 2,4,5 AND 6 SHALL BE 100'. THE BUILDING SETBACK FOR LOT 3 SHALL BE AS PROVIDED 1N THE CITY OF OCOEE LAND DEVELOPMENT CODE OR IN ACCORDANCE WITH THE TERMS OF ANY WAIVER PREVIOUSLY OR HEREAFTER GRANTED BY THE CITY COMMISSION RELATED THERETO. Section 3. Plan Sheets Affected, A sticker noting this change shall be adhered to pages C-2A and C-4A of both the Preliminary Subdivision Plan and the Final Subdivision Plan as well as any other plan sheet which makes reference to a 100 foot setback limitation for Lot 3. Section 4. Balance of Plans Unaffected. The balance of the Preliminary Subdivision Plan and of the Final Subdivision Plan shall remain in full force and effect and shall be unaffected by this Agreement. Section 5, Counterparts. This Agreement Agreement maybe 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. 2 i,.ii i.A vi.•tO Iii I'lltl 11V, f, UU Section 6. Recording. A copy of this Agreement shall be recorded by the City among the official land records of Orange County,Florida at Owner's expense. Section 7. Effective Date. This Agreement shall become effective the day and year first written above so long as the purpose and intent of this Agreement can still be achieved. IN WITNESS WHEREOF,the Owner and the City have caused this instrument to be executed by their duly authorized officers as of the day and year first above written. Signed,sealed and delivered OWNER in the presence of WAL-MART STORES EAST,INC., �//�/,��• an Arkansas corporation �L'tG // Viii 1.L'C�l* By: Print name //////���111 n.n 3 �Vl(7�r u Prin n ,cCi G�eerir Ailnall�a -00 Its: arti�v^ 0�cx.o ,,n�Deucloghkci t IPnnt name: ercrr tai /ecv,S Print title: (CORPORATE SEAL) STATE OF Ay\(,(tIA.GS COUNTY OF c2)e okorN I HEREBY CERTIFY that on this day,before me, an officer duly authorized in the State and County aforesaid to take acknowledgments,personally appeared —S.`..)c.- c-1c+ (t e e tt r as the 14e(A)c QA-1')lt,k Deoctuq!,crt-,of Wal-Mart Stores East,Inc.,an Arkansas corporation, who is personally known to me or who produced htrv:Stt as identification, and that he/she acknowledged executing the same on behalf of said corporation in the presence of two subscribing witnesses,freely and voluntarily,for the uses and purposes expressed therein. n.�. WITNESS my hand and official seal in the County and State aforesaid thisday of \vY ,2002. " NOTARY SEAL " � v�5 e ` y\ Valerie Eden,Notary Public Signature of Notary Benton County,State of Arkansas My Commission Expires 5/13/2011 �c,\erke l cry Printed name Notary Commission Number(if not legible on scat): C. My commission expires(if not legible on scut): J-1 ti 3 tln IVU. Y. U• CITY: Signed,sealed and delivered CITY OF OCOEE,FLORIDA in the presence of By: Print name: S. Scott Vandergrift,Mayor AIM Attest: Print name: Jean Grafton, City Clerk FOR USE AND RELIANCE ONLY BY APPROVED BY THE OCOEE CITY THE CITY OF OCOEE,FLORIDA COMMISSION AT A MEETING HELD Approved as to form and legality this ON _,2002 UNDER day of ,2002 AGENDA ITEM NO. FOLEY&LARDNER By: City Attorney 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 acknowledgments,personally appeared S.SCOTT VANDERGRIFT and JEAN GRAFTON,personally known by me to be the Mayor and City Clerk of the CITY OF OCOEE,FLORIDA,respectively,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. WITNESS my hand and official seal in the County and State aforesaid this day of ,2002. Signature of Notary Printed name Notary Commission Number(if not legible on owl): My commission expires(if not legible on deal): ORLOOCS 10126793.1 SXG 4 �.. ,.., , ,.. ,., I un uv. f 14 • This instrument prepared by: Scott A.Glass,Esq. Shutts&Bowen,LLP 300 S.Orange Ave.,Ste. 1000 Orlando,FL 32801 After recording please return to: Jean Grafton,City Clerk City of Ocoee 150 N.Lakeshore Drive Ocoee,FL 34761 AGREEMENT FOR MODIFICATION OF PLAT NOTE ON PLAT OF WAL-MART AT OCOFE SUBDIVISION THIS AGREEMENT FOR MODIFICATION OF PLAT NOTE ON PLAT OF WAL-MART AT OCOEE SUBDIVISION(this"Agreement")is made and entered into this day of ,2002,by and between WAL-MART STORES EAST, INC. an Arkansas corporation whose mailing address is 2001 S.E. 10th Street,Bentonville, Arkansas 72712-6489,Attention:Jamie Hutcheson(hereinafter referred to as the"Owner")and the CITY OF OCOEE,a Florida municipal corporation,whose mailing address is 150 North Lakeshore Drive,Ocoee,Florida 34761,Attention Manager(hereinafter referred to as the "City"). WITNESSETH: WHEREAS,the Owner owns fee simple title to certain lands located in Orange County, Florida,and within the corporate limits of the City of Ocoee,Florida,said lands being more particularly described as follows(the"Property"): Tracts A,B,C and D,and Lots 1,2,3,4,S and 6 as platted on that certain Plat of Wal-Mart at Ocoee as recorded in Plat Book 48,Page 122,Public Records of Orange County,Florida, the same being all of the property within said Plat of Wal-Mart at Ocoee; and, WHEREAS,plat note 15 on the Plat of the Property provides that the maximum building setback on Lots 2,3,4,5 and 6 shall be 100 feet; and, WHEREAS,the Owner has requested and the City has agreed that Lot 3 of the Property should not be subject to plat note 15 pertaining to the maximum setback but rather should be subject to the regular code provisions,or waivers granted therefrom by the City Commission, with respect to setback requirements;and, 1 WHEREAS,the Owner and the City desire to execute this Agreement to evidence their mutual agreement as to the removal of Lot 3 from the provision of plat note 15 regarding the maximum setback. NOW THEREFORE,in consideration of the premises and other good and valuable consideration, the receipt and sufficiency of which being hereby acknowledged by each party hereto,the parties hereby agree as follows: Section 1. Recitals. The foregoing recitals are true and correct and are incorporated herein by this reference. ,Section 2. Modification of Plat Note 15. Plat note 15 of the plat of the Wal-Mart at Ocoee Subdivision is hereby amended to read as follows: THE MAXIMUM BUILDING SETBACK ON LOTS 2,4,5 AND 6 SHALL BE 100'. THE BUILDING SETBACK FOR LOT 3 SHALL BE AS PROVIDED IN THE CITY OF OCOEE LAND DEVELOPMENT CODE OR IN ACCORDANCE WITH THE TERMS OF ANY WAIVER PREVIOUSLY OR HEREAFTER GRANTED BY THE CITY COMMISSION RELATED THERETO. Section 3. Counterparts. This Agreement Agreement 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 4. Recordinb. A copy of this Agreement shall be recorded by the City among the official land records of Orange County,Florida at Owner's expense. Section 5. Effective Date, This Agreement shall become effective the day and year first written above so long as the purpose and intent of this Agreement can still be achieved. IN WITNESS WHEREOF,the Owner and the City have caused this instrument to be executed by their duly authorized officers as of the day and year first above written. Signed,sealed and delivered OWNER in the presence of WAL-MART STORES EAST,INC., ((JJ�� /� an Arkansas corporation P. c 1� /t Y n. By: 1'iint '.I�e: call S Ih.celzt•-"P3 Li r � � Print name: S. •+- -t ccc, • � Print name: ,f � c L•(Z) `, Its: `,)tte Iwr CA" �i�l ,N�ni�r\:�yve,��1- Tnitr L!'iA'..� Print title: (CORPORATE SEAL) 2 ....,,.� , �.. - _ �.. run 1wi1V STATE OF t—Vf 1c1115(15 COUNTY OF t)P n\Dr\ I HEREBY CERTIFY that on this day,before me,an officer duly authorized in the State and County aforesaid to take acknowledgments,personally appeared TC.Sc i,1-+G r Nat- as the Nix\e.: 04Q,,1,1�1050,,;ekiMtl\tof Wal-Mart Stores East,Inc.,an Arkansas corporation, who is personally known to me or who produced 1-mmSet F"- as identification, and that he/she acknowledged executing the same on behalf of said corporation in the presence of two subscribing witnesses,freely and voluntarily,for the uses and purposes expressed therein. WITNESS my hand and official seal in the County and State aforesaid this().day of 3u\ ,2002. " NOTARY SEAL Valerie Eden,Notary Public Signature of Notary Benton County,State of Arkansas My Commission Expires 5/13/2011 ` elN Printed name Notary Commission Number(if not legible on scat): My commission expires(if not legible on seal): 5-13 CITY: Signed,sealed and delivered CITY OF OCOEE,FLORIDA in the presence of By: Print name: S. Scott Vandergrift,Mayor 4111. Attest: Print name; Jean Grafton,City Clerk FOR USE AND RELIANCE ONLY BY APPROVED BY THE OCOEE CITY THE CITY OF OCOEE,FLORIDA COMMISSION AT A MEETING HELD Approved as to form and legality this ON 2002 UNDER day of ,2002 AGENDA ITEM NO. FOLEY&LARDNER By: City Attorney 3 ulil LU LUUi_ I'1,1 U1.UU 111 I'HA HU. ( ll 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 acknowledgments,personally appeared S.SCOTT VANDERGRIFT and JEAN GRAFTON,personally known by me to be the Mayor and City Clerk of the CITY OF OCOEE,FLORIDA,respectively,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. WITNESS my hand and official seal in the County and State aforesaid this day of ,2002. Signature of Notary Printed name Notary Commission Number(if not legible on seal): My commission expires(if not legible on seal): ORLDOCS 10126799 1 SXG 4 This instrument prepared by: Scott A.Glass,Esq Shuns&Bowen,LLP 300 S.Orance Ave.,Ste. 1000 Orlando,FL 32801 After recording please return to: Jean Grafton,City Clerk City of Ocoee 150 N.Lakeshore Drive Ocoee,FL 34761 FIRST AMENDMENT TO DEVELOPMENT AGREEMENT (Wal-Mart) THIS FIRST AMENDMENT TO DEVELOPMENT AGREEMENT is made and entered into this day of ,2002,by and between WAL-MART STORES EAST,INC.an Arkansas corporation whose mailing address is 2001 S.E. 10''Street,Bentonville,Arkansas 72712-6489,Attention: Jamie Hutcheson(hereinafter referred to as the"Owner")and the CITY OF OCOEE,a Florida municipal corporation,whose mailing address is 150 North Lakeshore Drive,Ocoee,Florida 34761,Attention Manager(hereinafter referred to as the"City"). WITNESSETH: WHEREAS,the Owner owns fee simple title to certain lands located in Orange County, Florida,and within the corporate limits of the City of Ocoee,Florida,said lands being more particularly described as follows(the"Property"): Tracts A,B,C and D,and Lots 1,2,3,4,5 and 6 as platted on that certain Plant of Wal-Mart at Ocoee as recorded in Plat Book 48,Page 122,Public Records of Orange County,Florida WHEREAS,the City and the Owner entered into that certain Development Agreement (the"Agreement")dated September 5,2000,and which is recorded among the official records of Orange County in OR Book 6107,Page 4704,et seq.;and, WHEREAS,the Agreement,among other things,required that the Property be developed in accordance with certain conditions of approval as set forth in Exhibit"B" attached to the Agreement; and, WHEREAS,the Owner has requested and the City has agreed that Lot 3,as depicted on the above referenced plat should not be subject to Condition of Approval No.29 pertaining to the maximum setback but rather should be subject to the regular code provisions,or waivers granted therefrom by the City Commission,with respect to setback requirements;and, 1 WHEREAS,the Owner and the City desire to execute this First Amendment to Development Agreement to evidence their mutual agreement as to the removal of Lot 3 from the provision of Condition of Approval No.29 regarding to setback. NOW THEREFORE,in consideration of the premises and other good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged by each party hereto, the parties hereby agree as follows: Section 1. Recitals. The foregoing recitals are true and correct and are incorporated herein by this reference. Section 2. Amendment of Exhibit"B". Exhibit"B"is hereby amended by amending Condition of Approval No.29 to read as follows: THE MAXIMUM BUILDING SETBACK ON LOTS 2,4,5 AND 6 SHALL BE 100'. THE BUILDING SETBACK FOR LOT 3 SHALL BE AS PROVIDED IN THE CITY OF OCOEE LAND DEVELOPMENT CODE OR IN ACCORDANCE WITH THE TERMS OF ANY WAIVER PREVIOUSLY OR HEREAFTER GRANTED BY THE CITY COMMISSION RELATED THERETO. Section 3. Balance of Agreement Unaffected, The balance of the Agreement, including the Exhibits thereto,shall remain in full force and effect and shall be unaffected by this First Amendment to Development Agreement. Section 4. Counterparts. This First Amendment to Development Agreement 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 5. Effective Date. This First Amendment to Development Agreement shall become effective the day and year first written above so long as the purpose and intent of this First Amendment to Development Agreement can still be achieved. IN WITNESS WHEREOF,the Owner and the City have caused this instrument to be executed by their duly authorized officers as of the day and year first above written. Signed,sealed and delivered OWNER in the presence of \VAL-MART STORES EAST,INC., an Arkansas corporation ,z_4f/ 7Voi L,--6n;((-- By: Print na j -? fileC iey -� Prin amc: • � -L:recc.r ILjII(it! `�l(/Z-) Its: --Otrei.h r a(- ejk,,t „,. ),1„d‘vv,e,t+- Print name: 'ice>rc(! (_ems-'S Print title: (CORPORATE SEAL) 2 /11,1 1_V _JVD 1111 111 J1 I I IIII HU. I. IL STATE OF R(01\96 COUNTY OF (ll)n,'` I HEREBY CERTIFY that on this day,before me,an officer duly authorized in the State and County aforesaid to take acknowledgments,personally appeared ,)5.,;(--0i a Gr e ectr as the 4tc a:c am o�Qxltic�'n S)e oe1og,11 t;of Wal-Mart Stores East,Inc.,an Arkansas corporation, who is personally known to me or who produced \ n- ie as identification, and that he/she acknowledged executing the same on behalf of said corporation in the presence of two subscribing witnesses, freely and voluntarily,for the uses and purposes expressed therein. a WITNESS my hand and official seal in the County and State aforesaid thisc) day of ,2002. " NOTARY SEAL" WL.3W-L Valerie Eden,Notary Public Signature of Notary Benton County,State of Arkansas My Commission Expires 5/13/2011 11 ',A\e-fee l � Printed name Notary Commission Number(if not legible on seal): My commission expires(if not legible on seal): 5—13"I 1 CITY: Signed,sealed and delivered CITY OF OCOEE,FLORIDA in the presence of By: 11111 Print name: S. Scott Vandergrift,Mayor Attest: _ Print name: Jean Grafton,City Clerk FOR USE AND RELIANCE ONLY BY APPROVED BY THE OCOEE CITY • THE CITY OF OCOEE,FLORIDA COMMISSION AT A MEETING HELD Approved as to form and legality this ON _,2002 UNDER day of ,2002 AGENDA ITEM NO. FOLEY&LARDNER By: City Attorney 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 acknowledgments,personally appeared S.SCOTT VANDERGRTFT and JEAN GRAFTON,personally known by me to be the Mayor and City Clerk of the CITY OF OCOEE,FLORIDA,respectively,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. WITNESS my hand and official seal in the County and State aforesaid this day of ,2002. Signature of Notary Printed name Notary Commission Number(if not legible on seal). My commission expires(if not legible on seal): ORLDOCS 10126772.1 SXG 4 . . ... „ 1 1ILL Ir.n I UL This instrument prepared by: Scott A.Glass,Esq. Shutts&Bowen,LLP 300 S.Orange Ave„Ste. 1000 Orlando,FL 32801 After recording please return to: Jean Grafton,City Clerk City of Ocoee 150 N.Lakeshore Drive Ocoee,FL 34761 AGREEMENT FOR MODIFICATION OF WAL-MART MASTER SIGNAGE PLAN THIS AGREEMENT FOR MODIFICATION OF WAL-MART MASTER SIGNAGE PLAN(this"Agreement")is made and entered into this day of 2002,by and between WAL-MART STORES EAST,INC.an Arkansas corporation whose mailing address is 2001 S.E. 10th Street,Bentonville,Arkansas 72712-6489,Attention:Jamie Hutcheson(hereinafter referred to as the"Owner")and the CITY OF OCOEE,a Florida municipal corporation,whose mailing address is 150 North Lakeshore Drive,Ocoee,Florida 34761,Attention Manager(hereinafter referred to as the"City"). WITNESSETH: WHEREAS,the Owner owns fee simple title to certain lands located in Orange County, Florida,and within the corporate limits of the City of Ocoee,Florida,said lands being more particularly described as follows(the"Property"): Tracts A,B,C and D,and Lots 1,2,3,4,5 and 6 as platted on that certain Plat of Wal-Mart at Ocoee as recorded in Plat Book 48,Page 122,Public Records of Orange County,Florida WHEREAS,the City has previously approved development plans for the Property which call for the development of a Wal-Mart Supercenter on Lot 1,various commercial uses on Lots 2, 3,and 4,and office uses on Lots 5 and 6;and, WHEREAS,as part of the development approval process the City approved a Master Signage Plan(hereafter the"Master Signage Plan")a reduced copy of which is attached hereto as Exhibit"A"and which is incorporated herein by this reference;and, WHEREAS,the Master Signage Plan,among other things,states, "100 SF.TOTAL SIGNAGE FOR EACH OUTPARCEL;"and, 1 ow �c� �uuC rift u1:4b r'll FRX NO, P. 03 WHEREAS,the Owner has a contract to sell the outparcel known as Lot 3 to Falcon Development Corp.("Falcon")which intends to construct an approximately 11,000 square foot, multi-tenant commercial building on Lot 3;and, WHEREAS,upon application by the Owner and Falcon,the City Commission has determined that a limitation of 100 square foot total signage is not commercially feasible for the type of multi-tenant commercial building which Falcon has proposed to develop on Lot 3 and that the sign regulations set forth in the Ocoee Land Development Code which would be applicable to Lot 3 absent the Master Signage Plan are more appropriate for such a multi-tenant type commercial building; and, WHEREAS,the Owner and the City desire to execute this Agreement to evidence their mutual agreement as to the removal of Lot 3 from the 100 square foot total signage limitation contained in the Master Signage Plan if,but only if,Lot 3 is actually developed with a multi- tenant building as proposed by Falcon. NOW THEREFORE,in consideration of the premises and other good and valuable consideration,the receipt and sufficiency of which being hereby acknowledged by each party hereto,the parties hereby agree as follows: Section 1. Recitals. The foregoing recitals are true and correct and are incorporated herein by this reference. Section 2. Amendment of Master Signage Plan. The approved Master Signage Plan is hereby amended by adding the following language: NOTWITHSTANDING THE 100 SF TOTAL SIGNAGE LIMITATION FOR EACH OUTPARCEL,IF LOT 3 IS DEVELOPED AS A MULTI-TENANT COMMERCIAL PROPERTY THEN THE TOTAL S1GNAGE LIMITATION FOR LOT 3 SHALL BE AS PROVIDED IN THE OCOEE LAND DEVELOPMENT CODE. THIS PROVISO 1S LIMITED TO LOT 3 AND DOES NOT OTHERWISE AFFECT THE PROVISIONS OF THIS MASTER SIGNAGE PLAN. Section 3. Notation on Master Signage Plan. A sticker noting the above change shall be adhered to the Master Signage Plan and any other plan page which references the 100 square foot total signage limitation for outparcels. Section 4. Balance of Master Signage Plan Unaffected. The balance of the Master Signage Plan shall be unaffected by this Agreement. 2 Section 5. Counterparts. This Agreement Agreement 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 6. Recording. At the City's option,a copy of this Agreement may be recorded by the City among the official land records of Orange County,Florida at Owner's expense. Section 7. Effective Date. This Agreement shall become effective the day and year first written above so long as the purpose and intent of this Agreement can still be achieved. IN WITNESS WHEREOF,the Owner and the City have caused this instrument to be executed by their duly authorized officers as of the day and year first above written. Signed,sealed and delivered OWNER in the presence of WAL-MART STORES EAST,INC., an Arkansas corporation ge/Ivitt;1.rWil. By: �G �/ Print na Ven'ety' ' ihci u•�,J< Print name: - a-4 Cir ec.r- t. -J7 � ---4) he eit/ Its: Ctreilzt ,;l �� rl lines.) elc�arr.,t Print name: 'g,n,{r. Print title: (CORPORATE SEAL) STATE OF A( Q(\SciS COUNTY OF heMh,n I HEREBY CERTIFY that on this day,before me,an officer duly authorized in the State and County aforesaid to take acknowledgments,personally appeared S.Sc:Y4 Grercrr- as the ct.t.\isc A-())....,‘ ,rrt Ocucts`&e..0,of Wal-Mart Stores East,Inc.,an Arkansas corporation, who is personally known to me or who produced \ ‘-v‘scAc as identification, and that he/she acknowledged executing the same on behalf of said corporation in the presence of two subscribing witnesses,freely and voluntarily,for the uses and purposes expressed therein, tt WITNESS my hand and official seal in the County and State aforesaid this ;,ZO--day of �u\ ,2002. Signature of Notary " NOTARY SEAL" \ct\C“e- 'C-c\tri Valerie Eden,Notary Public Printed name Notary Benton County.State of Arkansas My Commission Expires 5/13/2011 Commission Number(if not legible on seal): My commission expires(if not legible on seal):S-13'301 t 3 CITY: Signed,scaled and delivered CITY OF OCOEE,FLORIDA in the presence of By: Print name: S. Scott Vandergrifl,Mayor Attest: Print name: Jean Grafton, City Clerk FOR USE AND RELIANCE ONLY BY APPROVED BY THE OCOEE CITY THE CITY OF OCOEE,FLORIDA COMMISSION AT A MEETING HELD Approved as to fonn and legality this ON ,2002 UNDER day of ,2002 AGENDA ITEM NO. FOLEY&LARDNER By: City Attorney STATE OF FLORIDA COUNTY OF ORANGE I HEREBY CERTIFY that on this day.before the,an officer duly authorized in the State and County aforesaid to take acknowledgments,personally appeared S.SCOTT VANDERGRIFT and JEAN GRAFTON,personally known by me to be the Mayor and City Clerk of the CITY OF OCOEE, FLORIDA,respectively,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. WITNESS my hand and official seal in the County and State aforesaid this clay of ,2002. Signature of Notary Printed name Notary Commission Number(if not legible on seal). My commission expires(if nut legible on seal): 4 S v • ` ' -......$,.,...:.....,:- .......,....._ E5 NALMART` = . ;� SUPERCENTER • - ( 17'-0"-200 S F.(Primary) J 4'-0 15'-0"-100SF.(Secondary) 4'-0" WAL-MART MONUMENT SIGNAGE A.EFTS CAP TO BE PAIN TED'CANBERRA"SMI*2016 - B EFIS PILASTERS FLACI6J,-3 THE SIGN TO BE LANDSCAPED CART CORRAL PAINTED"SOIABRERO'SW A2169 C MONUMENT S'GN BASE TO CONSIST OF SPLIT-FACE CEIU PAI NTED'CAN BERRA'S'N S2016 TIRE 8 LUBE = A 0 -A RFss - —8 i _� SIGNAGEENTRANCE .F.o{ .6 ---8 . . B- z = v's� 3:• 7x3 -1i T'�-_C , ` �� •ter 3..- .'ate- ---C 4'-0' 9'-0"-36S.F 4'.0" '4'•0` 9'-0'-36SF. 4'-0" . TLE MONUMENT SIGN STANDARD MONUMENT SIGNAGE FOR TLE TENANT TO BE VERIFIED/APPROVED BY'•'.'AL-MART OUTPARCEL DEVELOPMENT me NO sss 0 1 4 8 12 100 SF TOTAL SIGNAL FOR EACH OUTPARC EL • WAL*MART Supercenter trra P-ICe Copy of Public Hearing Advertisement Date Published Orteiodolel THURSDAY, JULY 4, 2002 Advertisement NOTICEMt �°1° fy " • - NOTICE-IS HEREBY GIVEN,that the OCOEE CITY COMMISSION will hold a PUBLIC HEARING on Tuesday,July 16,2092 at!heir regu- far session,at 7:15 p.m.,or as soon thereafter as possible,In the Corn- - mission Chambers.Ocoee City Hall, . 150 North Lakeshore Drive,Ocoee, _Florida to consider an amendment to the Preliminary I Final Subdivi- sion Plan for WAL-MART'SUPER- CENTER pertaining to-lot setbacks and signage rsstrlctians;The site Is. located on the southwest corner of Stats Rood 50 and Blackwroad Ave- f ue.: The project f[ aleeol descriptfaa of the subiect Propertyi Tanninmay g inspected 150 North Lakeshore Drive, between the hours of 8:00 a.m. and 5:00 p.m..Monday through Friday,ex- ceet legal holidays. The Ocoee City Commission may continue the public hearing to other dates and times,as they nec- essary.Any interested party shall be advised that the mes, red places of any continual i this or continued public hearings shall be announced during the hear- ing and that no farther notices re- garding I Mese matters will be pub- Interested parties may appear at the public hearings and be heard with respect to the applicWkhn.Any derson whodto appeal icdecision me desires the publichearing may need a record of the proceeding and for this purpose may toed to ensure that a ve-bat record of the praceedbho;is made which includes the testimony and evidence upon which the appeal fa based. Persons with disabilities needing assistance to participate in any Of the proceedings should con- tact the City Clerk's office 4 hours inioadvance of the meeting at(107) 3105. JEAN GRAFTON, CITY CLERK, • CITY OF OCOEE • 01.5450040 ylyM FOLEY : LARDNER MEMORANDUM CLIENT-MATTER NUMBER 020377.0107 TO: The Honorable Mayor and City Commissioners of the City of Ocoee FROM: Paul E. Rosenthal, Esq., City Attorneec� DATE: June 21, 2002 vv RE: Ocoee Commons (Multi-Tenant Retail Center at Wal-Mart Supercenter) The City Commission, at the May 7, 2002 meeting, approved certain waivers requested by Ocoee Commons in connection with a small scale site plan review. One of the waivers approved the City Commission approved a "143-foot building setback instead of the Code Standard of 100-foot maximum". As part of our follow-up to the City Commission denial of the Lazy-Boy request for a waiver from the sign standards, we went back and reviewed the various development approvals with respect to the Wal-Mart Supercenter. The purpose of this review was to assure that any waiver requests associated with small scale site plans on the outparcels were consistent with not only the Code Standards, but the specific negotiated Wal- Mart approvals. As a result of that review, we have concluded that the waiver from the maximum building setback granted by the City Commission for the Ocoee Commons Project was not sufficient to allow the developer of Ocoee Commons to obtain approval of a small scale site plan with a 143-foot building setback. Our review of the Wal-Mart file indicated that such action could not be taken without the approval and consent of Wal-Mart and that it would be necessary to amend or modify the Wal-Mart approvals with respect to the Plat, Preliminary and Final Subdivision Plans, and Development Agreement. Each of these approvals specifically imposed the development restriction with respect to the maximum 100-foot setback on the outparcels. The other two waivers are not affected and do not require further City Commission approval. Attached hereto is a copy of correspondence I have addressed to Scott Glass which addresses this matter in greater detail. I have verbally discussed this with Mr. Glass prior to sending the letter. To the extent that Mr. Falconer desires to proceed with the setback waiver, it will be necessary for this matter to be brought back before the City Commission with the consent of Wal-Mart. It is my understanding that Mr. Falconer is trying to get this on the July 16 agenda in connection with a schedule closing. If you have any questions regarding this matter, please do not hesitate to contact me. PER/j lh Enclosure FOLEY&LARDNER 006.260656.1 BRUSSELS F O L E Y . LARDNER CHICAGO DENVER ATTORNEYS A T L A W DETROIT JACKSONVILLE LOS ANGELES MADISON MILWAUKEE ORLANDO SACRAMENTO SAN DIEGO/DEL MAR SAN FRANCISCO TALLAHASSEE TAMPA WASHINGTON,D.C. WEST PALM BEACH June 25, 2002 Via Facsimile and U.S. Mail Scott Glass, Esq. Shutts & Bowen 300 S. Orange Avenue, Suite 1000 Orlando, FL 32801 Re: City of Ocoee/Ocoee Commons, Project No. SS-2002-002 Dear Scott: The Ocoee City Commission at its meeting of May 7, 2002 considered the request of Matthew Falconer (the "Applicant") for three (3) waivers in connection with a small scale site plan for Ocoee Commons which is a project proposed to be developed on Lot 3 of the Plat of Wal-Mart at Ocoee ("Lot 3"). The City Commission approved the three (3) requested waivers, including a requested waiver to allow a 143-foot building setback instead of the Code Standard of 100-foot maximum. A copy of the draft minutes associated therewith are enclosed. We have recently had the occasion to review various approvals and agreements associated with the Wal-Mart Supercenter. As a result of this review, we have concluded that, in our opinion, the waiver requested by your client and the waiver approved by the City Commission is not sufficient to authorize the approval of a site plan with a 143-foot building setback. The action taken by the City Commission related to "Code Standards" and did not expressly address the Wal-Mart approvals. Also, it left Lot 3 encumbered by title documents prohibiting the 143-foot setback. Specifically, we have concluded that any waiver from the maximum building setback would be inconsistent with the following: (1) Note 15 of the Plat of Wal-Mart at Ocoee as recorded in Plat Book 48, Page 122, Public Records of Orange County, Florida. This Note provides as follows: "The maximum building setbacks on Lots 2, 3, 4, 5 and 6 shall be 100"'. (2) Condition of Approval 29 of the Final Subdivision Plan for Wal-Mart Supercenter, as approved by the Ocoee City Commission, provides as follows: "The maximum building setback on Lots 2, 3, 4, 5 and 6 shall be 100"'. FOLEY&LARDNER WRITER'S DIRECT LINE CLIENT/MATTER NUMBER 44 111 NORTH ORANGE AVENUE,SUITE 1800 407.244.3248 0203770107 ORLANDO,FLORIDA 32801.2386 1 P.0.BOX 2193 EMAIL ADDRESS ORLANDO,FLORIDA 32802.2193 prosenthal©foleylaw.com 006.260653.1 TEL:407.423.7656 FAX:407.648.1743 WWW.FOLEYLARDNER.COM FOLEY : LARDNER Scott Glass June 25, 2002 Page 2 (3) Condition of Approval No. 29 of the Preliminary Subdivision Plan for Wal-Mart Supercenter, as approved by the Ocoee City Commission, provides as follows: "The maximum building setback on Lots 2, 3, 4 and 5 shall be 100"'. (4) Exhibit B to the Development Agreement dated September 5, 2000 between Wal- Mart Stores East, Inc. and the City of Ocoee (the "Development Agreement") is a copy of the Conditions of Approval from the Preliminary Subdivision Plan, including Condition of Approval No. 29 as referenced above. Section 3(B) of the Development Agreement requires that the Wal-Mart Supercenter lands, including Lot 3, comply with the Conditions of Approval. Further, Section 3(C) of the Development Agreement provides that the Development Agreement controls in the event of any conflict with the Ocoee Land Development Code. None of the documents referenced above would be affected by a City Commission waiver from the Code Standards. Further, the express terms of the Development Agreement indicate that it would specifically control in the event of any conflict with the Land Development Code. Based on the above matters, we have concluded that in order for Lot 3 to be developed with a 143'building setback the following actions would be necessary: (1) Replat or other appropriate modification of the Plat of Wal-Mart at Ocoee in order to modify Note 15 thereof. (2) Modification of the Preliminary Subdivision Plan and the Final Subdivision Plan for Wal-Mart Supercenters in order to modify Condition of Approval 29 thereof. (3) Amendment to the Development Agreement in order to modify the Conditions of Approval set forth in Exhibit "B" thereto to be consistent with any modifications to the Preliminary/Final Subdivision Plans. The modification of the Preliminary and Final Subdivision Plans would need to take place at an advertised public hearing with notices being posted and provided in the same manner as applicable to the approval of Prelim'^ary Subdivision Plans. Further, since the foregoing involve modifications to documents entered into between Wal-Mart and the City, it would be necessary for Wal-Mart Stores East, Inc..to be the applicant. By execution of an Owner's Affidavit (Form 17 of the Ocoee Land Development Code) Wal-Mart may elect to appoint the Applicant as an owners authorized agent to represent Wal-Mart in connection with the proposed action. Since the maximum building setback of 100' was a negotiated matter between the City and Wal-Mart, any application to modify the above-referenced documents should specifically state the proposed modification to the applicable Conditions of Approval and Notes. Technically, this would not be a "waiver"but would be a modification of the existing approvals. 006.260653.1 FOLEY : LARDNER Scott Glass June 25, 2002 Page 3 The City typically requires that revised Plan Sheets be submitted in connection with a modification to a Preliminary/Final Subdivision Plan. Presumably, this modification would need to be drafted in such a manner that it would be applicable only if Lot 3 is developed in accordance with the Site Plan proposed by the Applicant and currently submitted to the City. There is not a formal application form to be utilized by Wal-Mart in order to seek the modifications associated with this matter. A letter from Wal-Mart or a letter from your client, accompanied by an Owner's Affidavit signed by Wal-Mart, would be sufficient to initiate the processing of any such request. While there is no application fee associated with the accomplishment of the foregoing, the City would require a Review Deposit in the amount of $1,000 and the Applicant would be responsible for all Review Costs. Revised Plan Sheets should be submitted showing changes to the Preliminary/Final Subdivision Plan. I suggest that a proposed Amendment to the Development Agreement also be submitted for review. I need to look into the procedure for modifying a Plat Note. Once the foregoing is received by the City Planning Department, they would be in a position to process the application and promptly place this on the next City Commission Agenda which meets the advertising and noticing deadlines. To the extent that approval of the Ocoee Commons Site Plan is sought prior to City Commission action on this item, any such approval by staff would need to be subject to and conditioned upon the modifications of the Plat, Preliminary/Final Subdivision Plan, and Development Agreement as discussed above. It is my understanding that Staff Comments on the latest Site Plan submittal are due to the Applicant on July 10. If you have any questions regarding this matter, please do not hesitate to contact me. Sincer dit Paul E. Rosenthal City Attorney City of Ocoee PER/jh Enclosure Cc: Jim Gleason, City Manager(w/encl.) Russell B. Wagner, AICP, Planning Director(w/encl.) Hal Kantor, Esq. (w/encl.) (Via Fax) 006.260653.1 AFT Ocoee City Commission Regular Meeting May 7, 2002 Ocoee Commons - Waiver Requests, Project No. SS-2002-002. (Director of Planning Wagner) Planning Director Wagner presented the staff report, advising the Developer has requested three waivers on the proposed site plan for Ocoee Commons (Lot 3, Wal-Mart Supercenter - 1.20 acres). Ocoee Commons is a proposed multi-tenant retail center (11,078 square feet) located on one of the outparcels in front of the new Wal-Mart Supercenter currently under construction on the south side of SR 50,just west of Blackwood Avenue. The waivers requested are (1) 143-foot building setback instead of the Code Standard of 100-foot maximum; (2) two parking bays instead of the Code Standard of one; (3) no loading zone space instead of the one required in the Code Standard. Attorney Scott Glass, Shutts & Bowen, displayed on the overhead a description of the improved linear buffer area, which was designed to present a more aesthetically pleasing project and he described the parking/loading requirements. Commissioner Howell seconded b Commissioner Johnson moved to a.._rove the waivers for Ocoee Commons as re•uested. Motion carried 5-0. Resolution No. 2002-05 - Friends of Lake Apopka Master Plan. (Principal Transportation Planner Foltz) This item was considered immediately following the FOLA presentation and is on Page 2. Award RFP No. 02-001, for Fleet Maintenance Services. (Public Works Director Smith) Public Works Director Smith gave the staff report, advising that there were three responses to the advertisement, one of which was a no bid, and one of which was found to be non- responsive and disqualified for failure to produce the required bid guarantee. The Florida Auto Auction of Orlando's bid was reviewed by the RFP selection committee on April 2, 2002. Staff recommended awarding RFP No. 02-001. Fleet Maintenance Services to the Florida Auto Auction of Orlando, and authorize execution of the agreement between the City and the Florida Auction of Orlando by the Mayor and City Clerk, and further authorize the Mayor, City Clerk, and Staff to execute all documents necessary to consummate the transaction contemplated by the agreement. Mayor Vandergrift asked if the Public Works Department bid on this and Mr. Smith responded they had not due to inadequate facilities. Commissioner Johnson advised he would abstain from voting due to a conflict of interest as this would enure to his employer's gain. Commissioner Anders i n econded b Commissioner H i wel l m•ved to award RFP No. 02- 001 Fleet Maintena ce Services to the Florida Auto Auction of Orland. and authorize execution of the a!reement between the Ci and th F orida Auction of Orlando • the Ma or Page 9 of 11