Item 09 Approval of First Amendment to Development Agreement Extending a Temporary Approval for an Automobile Parking Lot for Gatorbruno Properties A
Ocoee
florida
AGENDA ITEM COVER SHEET
Meeting Date: January 18, 2022
Item # 9
Reviewed By:
Contact Name: Michael Rumer Department Director:
Contact Number: Ext. 1018 City Manager:
Subject: Gatorbruno Properties
First Amendment to Development Agreement Extending a Temporary Approval
For an Automobile Parking Lot
Commission District#3 — Richard Firstner
Discussion:
The Subject property is located on Maguire Road just north of the CSX Railroad tracks and south of Franklin
Street. The parcel is located within the Gateway Character Area of the SR 429 Overlay. The parcel contains one
(1) existing metal industrial building. The total parcel acreage is 3.63 acres and is zoned I-1. Access to the site is
via a driveway located on Maguire Road. On February 5, 2019, the applicant received approval for a Temporary
Automobile Parking Lot for a three-Year Term which expires on February 5, 2022.
Due to economic conditions and need to extend the temporary use, the applicant is requesting an extension of
two (2) years to use the property to temporarily park cars for transport to the ayto auction.
Issue:
Should the Honorable Mayor and City Commission approve a First Amendment to the Development Agreement
extending the Temporary Automobile Parking lot in the Gateway Character Area for a period of Two (2) years?
Staff Recommendation:
Option #1: Approve Extending the Temporary Use for two (2) years.
Option #2: Denial of Proposed Extension of the Temporary Use.
Option #3: Continue the Item.
Attachments:
Site Plan
Developers Agreement
Financial Impact:
None
Type of Item: (please mark with an `x')
Public Hearing For Clerk's Dept Use:
Ordinance First Reading Consent Agenda
Ordinance Second Reading Public Hearing
Resolution Regular Agenda
X Commission Approval
Discussion& Direction
Original Document/Contract Attached for Execution by City Clerk
Original Document/Contract Held by Department for Execution
Reviewed by City Attorney N/A
Reviewed by Finance Dept. N/A
Reviewed by () N/A
I
14
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DOC#20190116770
02/26/2019 08:50 AM Page 1 of 7
THIS INSTRUMENT PREPARED BY: Rec Fee:$61.00
Deed Doc Tax: $0.00
Dana Crosby-Collier, Esq. Mortgage Doc Tax:$0.00
SHUFFIELD,LOWMAN&WILSON, P.A. Intangible Tax:$0.00
1000 Legion Place,Suite 1700 Phil Diamond, Comptroller
Post Office Box 1010 Orange County, FL
Orlando, FL 32801 Ret To: CSC INC
(407)581-9800
AFTER RECORDING RETURN TO:
City Clerk
CITY OF OCOEE
150 N. Lakeshore Drive
Ocoee, FL 34761 For Recording Purposes Only
(407)656-2322
DEVELOPMENT AGREEMENT
(Gatorbruno)
THIS DEVELOPMENT AGREEMENT (this "Agreement") is made and entered into
as of the 5'=`' day of / 7,144,q , 2019, by and between CITY OF OCOEE, a
Florida municipal corporation existiAg. under the laws of the State of Florida, whose mailing
address is 150 N. Lakeshore Dr., Ocoee, Florida 34761, Attention: City Manager(the"City") and
GATORBRUNO PROPERTIES, LLC, a Florida limited liability company, whose physical
address is 51 Maguire Road, Ocoee, Florida 34761, and whose mailing address is PO Box
149505, Orlando, Florida 32814 (the "Owner").
WITNESSETH:
WHEREAS, the Owners own 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 in Exhibit "A" attached hereto and by this reference made a part hereof
(hereinafter referred to as the"Property");
WHEREAS, the parties agree that the Property is located in the City's State Road 429
Overlay Area, Gateway District, as shown on the Official City Zoning Maps ("Overlay"); and
WHEREAS, on February 5, 2019, the Ocoee City Commission approved an application
of the Owner to allow a temporary use, not to exceed three (3) years from the effective date of
this Agreement, for an automobile parking lot, which is a use that is not allowed in the Overlay;
and
WHEREAS, the City Commission has agreed to allow an automobile parking lot on the
Property but only as a temporary use; and
20190116770 Page 2 of 7
WHEREAS, the Owner and the City agree that, by allowing the Property to be used as a
parking lot, the City does not approve use of the Property for any other use, including but not
limited to automobile sales; and
WHEREAS, the Owner and the City desire to execute this Agreement to evidence
agreement on the terms and conditions of the temporary use.
NOW, THEREFORE, in consideration of the premises and other good and valuable
considerations exchanged between the parties hereto, the receipt and sufficiency of which is
hereby acknowledged,the parties hereto agree as follows:
Section 1. Recitals; Definitions. The above recitals are true and correct and
incorporated herein by this reference. All capitalized terms not otherwise defined herein shall be
as defined or described on the Land Use Plan(as defined below), unless otherwise indicated.
Section 2. Development of the Property.
(A) For the term of this Agreement, the Property may be used as an
automobile parking lot in accordance with the plans submitted by the Owner and on file with the
City("Plans"). The Plans are hereby incorporated herein by reference as if fully set forth herein.
(B) The Property shall be screened on all sides by a six (6) foot black
chain-link fence with 20-foot rolling gate. Landscaping shall include a landscape screen of 200
fifteen (15) gallon Podocarpus at no less than forty (40) inches tall and 25 inches wide to shield
the site from Maguire Road. Additional landscaping may be used to screen the interior of the
Property from view; however, landscaping shall not be used in lieu of the required fence.
Irrigation for all plantings and all landscaping shall be installed by Owner. All improvements
shall be at the sole cost to the Owner.
(C) Except as otherwise expressly set forth in this Agreement and the
Plans it is agreed that the development of the Property shall not be used for any other purpose,
including automobile sales, and that the Property shall comply with the zoning and subdivision
regulations of the City as set forth in the Code of Ordinances and the Ocoee Land Development
Code, as may from time to time be amended.
(D) At the termination of the temporary use, the automobile lot must be
removed and the Property must thereafter be used for only a purpose that is permitted in the
Overlay.
Section 3. Notice. Any notice delivered with respect to this Agreement shall be in
writing and be deemed to be delivered (whether or not actually received)when (i) hand delivered
to the other party, or (ii) when sent by overnight courier service for next business day delivery
(i.e., Federal Express), addressed to the party at the address set forth on the first page of this
Agreement, or such other person or address as the party shall have specified by written notice to
the other party delivered in accordance herewith.
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20190116770 Page 3 of 7
Section 4. Applicable Law. This Agreement and the provisions contained herein
shall be construed, controlled, and interpreted according to the laws of the State of Florida.
Section 5. Agreement; 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.
Section 6. Further Documentation. The parties agree that at any time following a
request 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.
Section 7. Attorneys' Fees. In the event that either party finds it necessary to
commence an action against the other party to enforce any provision of this Agreement or
because of a breach by the other party of any terms hereof, the prevailing party shall be entitled to
recover from the other party its reasonable attorneys' fees, paralegal fees and costs incurred in
connection therewith, at both trial and appellate levels, including bankruptcy proceedings,
without regard to whether any legal proceedings are commenced or whether or not such action is
prosecuted to judgment.
Section S. Counterparts. This 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 9. Captions. Captions of the Sections and Subsections of this Agreement are
for convenience and reference only, and the words contained therein shall in no way be held to
explain, modify, amplify or aid in the interpretation, construction, or meaning of the provisions
of this Agreement.
Section 10. Severability. If any word, sentence, phrase, paragraph, provision, or
portion of this Agreement is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, such portion shall be deemed a separate, distinct, and independent
provision and such holding shall not affect the validity of the remaining portion hereof so long as
the purpose and intent of this Agreement can still be achieved.
Section 11. Recordation of Agreement. The parties hereto agree that an executed
original of this Agreement shall be recorded by the City, at the Owners' expense, in the Public
Records of Orange County,Florida.
Section 12. Term of Agreement. This Agreement shall be in effect for a period of
three (3) years from the effective date of this Agreement. The terms of this Agreement shall inure
to and shall bind the parties hereto and their respective successors and assigns and any person,
firm, corporation, or entity who may become the successor in interest to the Property or any
portion thereof. The temporary use shall cease on this Property at the end of the term and any
continuation of the temporary use after the three (3) year term of the Agreement expires shall be
-3-
20190116770 Page 4 of 7
enforced by Code Enforcement and/or may be enforced by a judicial remedy. This Agreement
shall not be extended by either party hereto.
Section 13. Effective Date. The Effective Date of this Agreement shall be the day this
Agreement is last executed by the second party hereto and such date shall be inserted on Page 1
of this Agreement.
SIGNATURES TO FOLLOW
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20190116770 Page 5 of 7
IN WITNESS WHEREOF, the Owner and the City have caused this instrument to be
executed by their duly authorized elected officials,partners, and/or officers as of the day and year
first above written.
Signed, sealed and delivered OWNER:
in the presence of: Gatorbruno Properties, LLC, a Florida
limited liability company
Print Name/T65e.—, Print Name: tl ar.l e.
r Its: 0wnw-'"
Roc-t 424—,,Z
Print Name 0$1Z Pc-re-4 (>A
STATE OF't' I T- d
COUNTY OF 0✓i"'\ l
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and
County aforesaid to take acknowledgments, personally appeared n6,,,.tn,/ he) , as the
o„n, of ` hr uno , who F 1 is personally known to me
or [ ✓1 produced b r i i v0-• identification, and that he/she acknowledged
executing the same on behalf said company in the presence of two subscribing witnesses,
freely and voluntarily, for the uses and purposes therein expressed.
WITNESS my hand and official seal in the County and State last aforesaid thisa)..day
of reLkt , 2019.
5
Si nature of NoL iyt'
ROSE elms
•
os Pi u
i het Notary Publlo,State of Florida Name of Notary(Typed,Printed or Stamped)
Commissions FF 998442 Commission Number(if not legible on seal): f-/ G kV'I)—
"�" My comm.expires Juno 13,2020 My Commission Expires(if not legible on seal):JuiL' f3i ) 0
-5-
20190116770 Page 6 of 7
Signed, sealed and delivered CITY:
in the presence of:
CITY OF OCOEE,FLORIDA
1112 t ke.L iii� c>L0,.4,,t�
By:_ Ali! 4. _ _.dillib..._
Ruc
/� t r 1 son o
Print Name:_!l_h i' i J C 7 trQ I i✓1 I J ,B
Attest; '11 `'' , I.r,
‘..,7•04a.or, . . „.1,:.;.',',,!. 'diaili§SibIS-i,ott iifilWOdk"
�4 ,,_7 I R 1 y-lt� ,,-I; M, j+. ,
Print Name ,'; ' i t�yl {�I`�' ;:�*'�'�{e`'�,,������.'' I
:V
FOR USE AND RELIANCE ONLY BY APPROVED "ICY THE OCOEE CITY
THE CITY OF OCOEE,FLORIDA. COMMISSION AT A MEETING HELD ON
Approved as to form and legality this fdrNAr- .5` , 2019 UNDER
`,54 day of F3- . ,2019. AGENDA ITEM NO. . - .
SHUFFIELD,LOWMAN AND WILSON,
P.A.
B : / c
Y
city Attorney
STATE LO A
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 RUSTY JOHNSON
and MELANIE SIBBITT, personally known to me to be the Mayor and City Clerk,
respectively, of the CITY OF OCOEE, FLORIDA 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 last aforesaid this 5
day of fr,Ipr�ank.A , 2019.
Ci-PC\ttib1/4. LAS
`ts,
Signature of Notary
i AMBER LEEIANDRY �ef 1 _r LA
41 � ,, W COMMISSION M GG 194017 tXs
gt= *:
:N :k EXPIRES:March 12,2022 Name of Notary (Typed, Printed or Stamped)
r1
%°l',,,.• BordedTrw Notary Public Undsrvrtll°R Commission Number(if not legible on seal): GU 194Ct 1 1
My Commission Expires(if not legible on seal):03 —1a-a.a_
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20190116770 Page 7 of 7
EXHIBIT "A"
(The"Property"2
Orange County Parcel Identification Numbers:
18-22-28-0000-00-096, 18-22-28-0000-00-028, and 18-22-28-0000-00-082
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THIS INSTRUMENT PREPARED BY:
Scott A. Cookson, Esq.
SHUFFIELD, LOWMAN&WILSON, P.A.
1000 Legion Place, Suite 1700
Post Office Box 1010
Orlando, FL 32801
(407)581-9800
AFTER RECORDING RETURN TO:
City Clerk
CITY OF OCOEE
150 N. Lakeshore Drive
Ocoee, FL 34761 For Recording Purposes Only
(407)656-2322
FIRST AMENDMENT TO
DEVELOPMENT AGREEMENT
(Gatorbruno)
THIS FIRST AMENDMENT TO DEVELOPMENT AGREEMENT (this
"Amendment") is made and entered into as of the day of , 2022,
by and between CITY OF OCOEE, a Florida municipal corporation existing under the laws of
the State of Florida, whose mailing address is 150 N. Lakeshore Dr., Ocoee, Florida 34761,
Attention: City Manager (the "City") and GATORBRUNO PROPERTIES, LLC, a Florida
limited liability company, whose physical address is 51 Maguire Road, Ocoee, Florida 3476137
and whose mailing address is PO Box 149505, Orlando, Florida 32814 (the"Owner").
WITNESSETH:
WHEREAS, on February 5, 2019 City and Owner entered into a Development
Agreement, which was approved by the City on February 5, 2019 and recorded in the Public
Records of Orange County, Florida at Doc. # 20190116770 on February 26, 2019 (the
"Agreement"); and
WHEREAS, the Owner and the City desire to execute this Amendment to extend the
term of the Agreement.
NOW, THEREFORE, in consideration of the premises and other good and valuable
considerations exchanged between the parties hereto, the receipt and sufficiency of which is
hereby acknowledged,the parties hereto agree as follows:
Section 1. Recitals; Definitions. The above recitals are true and correct and
incorporated herein by this reference.
Section 2. Term. Section 12 of the Agreement is hereby amended to provide that the
term of the Agreement is extended from three (3) years from the effective date of this Agreement
an additional two (2)years from the effective date of the Agreement(i.e., January 18, 2024).
Section 3. Counterparts. This Amendment may be executed in any number of
counterparts, each of which shall be deemed to be an original but all of which together shall
constitute one and the same instrument.
Section 4. Captions. Captions of the Sections and Subsections of this Amendment
are for convenience and reference only, and the words contained therein shall in no way be held
to explain, modify, amplify or aid in the interpretation, construction, or meaning of the
provisions of this Amendment.
Section 5. Severability. If any word, sentence, phrase, paragraph, provision, or
portion of this Amendment is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, such portion shall be deemed a separate, distinct, and independent
provision and such holding shall not affect the validity of the remaining portion hereof so long as
the purpose and intent of this Amendment can still be achieved.
Section 6. Effective Date. The Effective Date of this Amendment shall be the day
this Amendment is last executed by a party hereto and such date shall be inserted on Page 1 of
this Amendment.
Section 7. Recordation of Agreement. The parties hereto agree that an executed
original of this Amendment shall be recorded by the City, at the Owners' expense, in the Public
Records of Orange County, Florida. The City will, from time to time upon request of the
Owners, execute and deliver letters affirming the status of this Agreement.
SIGNATURES TO FOLLOW
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IN WITNESS WHEREOF, the Owner and the City have caused this instrument to be
executed by their duly authorized elected officials, partners, and/or officers as of the day and year
first above written.
Signed, sealed and delivered OWNER:
in the presence of:
GATORBRUNO PROPERTIES,LLC, a
Florida limited liability company
By:
Print Name:
Print Name Its:
Print Name
STATE OF
COUNTY OF
I HEREBY CERTIFY that on this day, the foregoing instrument was acknowledged before me
by means of 0 physical presence or 0 online notarization, by , as the
of , who 0 is personally known to me or
❑ produced as identification, and that he/she acknowledged
executing the same on behalf of said company in the presence of two subscribing witnesses,
freely and voluntarily, for the uses and purposes therein expressed.
WITNESS my hand and official seal in the County and State last aforesaid this day
of , 2022.
Signature of Notary
Name of Notary(Typed, Printed or Stamped)
Commission Number(if not legible on seal):
My Commission Expires(if not legible on seal):
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Signed, sealed and delivered CITY:
in the presence of:
CITY OF OCOEE,FLORIDA
By:
Print Name: Rusty Johnson, Mayor
Attest:
Melanie Sibbitt,City Clerk
Print Name (SEAL)
FOR USE AND RELIANCE ONLY BY APPROVED BY THE OCOEE CITY
THE CITY OF OCOEE,FLORIDA. COMMISSION AT A MEETING HELD ON
Approved as to form and legality this , 2022, UNDER
day of ,2022. AGENDA ITEM NO. .
SHUFFIELD,LOWMAN AND WILSON,P.A.
By:
City Attorney
STATE OF FLORIDA
COUNTY OF ORANGE
I HEREBY CERTIFY that on this day, the foregoing instrument was acknowledged
before me by means of ❑ physical presence or ❑ online notarization, by RUSTY JOHNSON
and MELANIE SIBBITT, personally known to me to be the Mayor and City Clerk,
respectively, of the CITY OF OCOEE, FLORIDA 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 last aforesaid this
day of , 2022.
Signature of Notary
Name of Notary(Typed, Printed or Stamped)
Commission Number(if not legible on seal):
My Commission Expires(if not legible on seal):
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