Item 03 Approval of a Performance Surety Escrow Agreement and Letter Related to Infrastructure Completion Requirements with Ocoee Village Developers ConsortiumfQorlda
AGENDA ITEM COVER SHEET
Meeting Date; December 6, 2022
Item #Reviewed By.,
Contact Name: Mike Rumer Department Director:
Contact `umber- 407-905-3100 City Manager Rob Frank
Subject: Moose Village Developers Consortium Performance ur t Escrow Agreement and
Letter related to Infr atru tune Completion Requirements
Background Summary:
Ocoee Development, LLC commenced construction of a mixed use project referred to as Ocoee Village
Center and, in connection therewith and with the approval of the City, has installed certain roads, streets,
sewers, water systems, drainage works, and/or other improvements under the provisions, conditions;
and requirements of the City's Subdivision Regulations. A consortium composed of I irnaya Ocoee
Village, LL , Ocoee Village residential LLC, and DKC Ocoee Village Center SE, LLC obtained
development rights to acquire certain parcels to complete the development of Ocoee Village Center,
Since platting has been requested prior to the issuance of a Certificate of Completion and was approved
at the October 18, 2022, City Commission meeting, a surety is required to ensure the completion o
certain infrastructure improvements. The Performance Surety Escrow Agreement provides the term
for the escrow' fund. The related letter from the City provides an itemization of the infrastructure
improvements that are required to be completed before a Certificate of Occupancy will be issued for a
particular parcel.
Issue:
Should the Honorable Mayor and City Commissioners approve the Performance Surety Escrow
Agreement and related infrastructure improvements completion letter?
Recommendations:
Staff respectfully recommends that the Honorable Mayor and City Commissioners approve the
Performance Surety Escrow Agreement and 'related infrastructure improvements completion letter.
Attachments:
Performance Surety Escrow Agreement
Escrow Agreement letter Confirming Infrastructure Requirements
Financial Impact:
None
Type of /tern» (please ro rk mill? an 'V)
+bic Hearing r 1€11c aJ§n
Ordinance First Reading
Ordinance Second Reading
Resolution
--�-- Commission Approval
Discussion &Direction
Original Document/Contract Attached for Execution bvCity Clerk
Original Document/Contract Held by Department for Execution
Reviewed by City Attorney
Reviewed hvFinance Dept.
Reviewed by
X Consent Agenda
Public Hearing
Regular Agenda
N/A
2
THIS PERF ORMANCE SURETY ESCROW AGREEMENT (this "Agreement") is
entered into this — day of .5 2022 by OCOEE VILLAGE DEVELOPERS
CONSORTIUM, an unincorporated association of members (the "Consortium"), the addresses
of the members of the Development Committee thereof being set forth in the signature blocks to
this Agreement, and the CITY OF OCOEE, a Florida municipal corporation, whose address is
I North Bluford Avenue, Ocoee, Florida 34761 (the "City").
WITNESSETH:
WHEREAS, OCOEE DEVELOPMENT IV, LLC, a Florida limited liability company
(the "Developer") commenced construction of a mixed use project referred to as Ocoee Village
Center (the "Center") and, in connection therewith and with the approval of the City, has installed
certain roads, streets, sewers, water systems, drainage works, and/or other improvements
(the "Improvements") under the provisions, conditions, and requirements of the City's Subdivision
Regulations and the following approvals granted by the Ocoee City Commission (collectively, the
"Subdivision Plan"), to wit:
(a) Case No. RZ-18-06-09, whereby on October 6, 2020, the Ocoee City Commission
approved Ordinance No. 2019-011, rezoning the Property to PUD, under the Ocoee Land
Development Code, as amended by Ordinance No. 2020-024approved by the Ocoee City
Commission on October 6, 2020 (collectively, the "Ocoee Village Center PUD"); and
(b) Case No. CPA-2018-006, whereby on October 6, 2020, the Ocoee City Commission
approved Ordinance No. 2019-010, amending the Ocoee Comprehensive Plan to change
the Future Land Use Designation for the Property to "High Density Residential and
Commercial" (the "Land Use Plan Amendment"); and
(c) Project No. LS-2019-005, whereby on October 6, 2020, the Ocoee City Commission
approved the Preliminary/Final Site Plan for the Townhomes at Ocoee Village Center (the
"Townhome Site Plan Approval"); and
(d) Project No. LS-2019.007, whereby on October 6, 2020, the Ocoee City Commission
approved the Preliminary/Final Site Plan for the Allure Apartments at Ocoee Village
Center (the "Apartment Site Plan Approval"); and
(e) Project No. LS-2019-009, whereby on October 6, 2020, the Ocoee City Commission
approved the Preliminary/Final Site Plan for the Southeast Commercial at Ocoee Village
Center (the "Southeast Commercial Site Plan Approval"); and
WHEREAS, the Consortium, acting by and through a "Development Committee," is
composed of the following parties, to wit: (i) Kimaya Ocoee Village, LLC, a Florida limited
liability company, (ii) Ocoee Village Residential LLC, a Delaware limited liability company, and
(iii) DKC Ocoee Village Center SE, LLC, a Florida limited liability company; and
0038106\1 92266\1 2314946v5
WHEREAS, the parties comprising the Consortium own and/or have contractual rights to
acquire parcels within the Center ("Parcels"), and the Consortium has elected, pursuant to a written
agreement with Developer, to compete the development of the Center for their mutual benefit; and
WHEREAS, under Section 4-4, Subdivision Review Process, of the City's Land
Development Code, the Developer or Consortium, as the case may be, is required to provide a
surety for completion of the Improvements for the Center if platting is requested prior to the
issuance of the Certificate of Completion; and
WHEREAS, the Consortium has requested platting of the Center prior to the issuance of
the Certificate of Completion; and
WHEREAS, the Consortium has elected to place cash pursuant to the "Escrow Exhibit"
attached as Exhibit A in escrow with the City in order to so guarantee the completion of the
Improvements within the Center as required by Section 4-4 of the Land Development Code.
NOW THEREFORE, the parties agree as follows:
SECTION 1. Establishment of Escrow Fund.
The Consortium does hereby establish an escrow fund (the "Escrow Fund") with the City
in the amount of ONE MILLION — THREE HUNDRED THIRTY FIVE THOUSAND THREE
HUNDRED EIGHTY SEVEN AND 10/100 DOLLARS ($1,335,387.10) to guarantee the
completion of the Improvements identified on the Escrow Exhibit within the Center. This Escrow
Fund shall be placed by the City in a non -interest bearing account at a local financial institution
and shall be disbursed only in accordance with the tern -is of this Agreement. The Escrow Fund
may be cominingled with the other funds of the City but shall be accounted for under a separate
ledger and segregated for use only in accordance with this Agreement and its Escrow Exhibit.
SECTION 2. Terms and Conditions for Return of Escrow Fund.
In the event the Consortium complies with the terms and conditions of the approval of the
Subdivision Plan, these conditions being more specifically the completion of the Improvements
shown on the Subdivision Plan and specifications in accordance with the ordinances and
regulations of the City of Ocoee, Florida, in regard to subdivision improvements and according to
the plans, specifications and schedules covering said work and such approved additions,
amendments or alterations as may be made in the plans, specifications and schedules for such work
as approved by the City and completes all said work, on or before July 31, 2023 (the "Construction
Deadline"), as evidenced by the City's issuance of a Certificate of Completion or equivalent
document, then the monies remaining in the Escrow Fund less reasonable administrative expenses
and attorneys' fees and costs incurred by the City in exercising or otherwise enforcing its rights
under this Agreement shall be returned to First American Title Insurance Company as escrow
agent under an Escrow Agreement with the Consortium dated October 14, 2022. Upon the
Consortium's written request (not more often than once every 90 days) and provided that during
any intervening period the completion of certain of the Improvements shown on the Subdivision
Plan and specifications in accordance with the ordinances and regulations of the City of Ocoee,
Florida, in regard to subdivision improvements and according to the plans, specifications and
schedules covering said work and such approved additions, amendments or alterations as may be
2
0038106\1 92266\1 2314946v5
made in the plans, specifications and schedules for such work as approved by the City has been
completed, then the corresponding monies in the Escrow Fund based on the Escrow Exhibit less
reasonable administrative expenses and attorneys' fees and costs incurred by the City in exercising
or otherwise enforcing its rights under this Agreement shall be returned to First American Title
Insurance Company as escrow agent under an escrow agreement with the Consortium.
Unless otherwise mutually agreed to by City and Consortium, the Escrow Fund shall be
used by the City only (a) to complete the Improvements within the Center upon the failure or
refusal of the Consortium to complete the Improvements within the Center by the Construction
Deadline, (b) to cure a breach by Consortium of its obligations under this Agreement that remains
uncured after thirty (30) days prior written notice to the Consortium (or such additional period of
time as is reasonably required to facilitate a cure using diligent efforts), and/or (c) to pay for actual,
documented, reasonable administrative expenses and attorneys' fees and costs paid or incurred by
the City (excluding amounts not actually paid or payable to third parties) in exercising or otherwise
enforcing its rights under this Agreement that remain unpaid after thirty (30) days prior written
notice to the Consortium that such fees and costs are due, which notice shall be accompanied by
reasonably detailed supporting documentation of same.
If the Consortium fails or refuses to complete the Improvements within the Center by the
Construction Deadline, taking into account any extensions thereof which may be granted by the
City in writing in its reasonable discretion, then the City may, but shall not be obligated to,
complete the Improvements, the cost of which shall be paid for out of the Escrow Fund in
accordance with the Escrow Exhibit upon thirty (3 0) days' prior written notice to the Consortium.
In the event the City undertakes completion of the Improvements within the Center, then, subject
to the limitations set forth below, the City shall also be entitled reimbursement of all actual,
documented, reasonable costs and expenses incurred by the City in undertaking such action,
including but not limited to its legal fees and costs. The City may use third party contractors to
perform any actions undertaken pursuant to this Agreement.
SECTION 4. Right of Entry for Corrective Activities.
In the event the City undertakes to complete the Improvements, then in such event the
Consortium hereby grants to the City and its employees, contractors and representatives, the right
to enter upon the lands of the Center and the Improvements for the purpose of performing any such
completion activities.
SECTION 5. No Obligation of City to Undertake Repairs or Advance Funds.
Nothing contained herein shall be construed to in any way obligate the City to (i) advance
City funds for any purpose on behalf of the Consortium, or (ii) to undertake the completion of any
Improvements. Further, the City shall have no liability to the Consortium or any third parties with
respect to any such actions undertaken by the City, except for (i) misappropriation of any part of
the Escrow Fund, and (ii) liability for torts committed by the City; subject, however, to the
provisions of Section 768.28, Florida Statutes.
003 8106\ 1 92266\ 1 2314946v5
SECTION 6. Excess Funds.
Upon Completion (as defined below), the City shall promptly deliver the balance of the
Escrow Fund, if any, to the members of the Consortium in the Shares identified in Section 2 above.
As used herein, "Completion" shall mean that all of the Improvements within the Center have been
completed to the satisfaction of the City as evidenced by the City's issuance of a Certificate of
Completion or equivalent document.
SECTION 7. Continued Applicability of Subdivision Regulations.
This Agreement shall not be construed to relieve or release the Consortium from any of its
obligations under the City Subdivision Regulations with respect to the Improvements.
Notices permitted or required by this Agreement to be sent to the Consortium, in order to
be effective, shall be delivered by certified mail, overnight delivery, hand -delivery, fax, or e-mail,
as applicable, to the delegates of the Consortium at the addresses set forth below their signatures
in this Agreement,
This Agreement shall be construed in accordance with the laws of the State of Florida.
SECTION10. Authority. Each party warrants and represents, with respect to itself, that
neither the execution nor the performance of this Agreement requires any consent, vote or approval
which has not been obtained, or at the appropriate time shall not have been given or obtained, nor
shall it result in or constitute a breach or default under any indenture, contract, or other
commitment or restriction to which it is a party or by which it is bound. Each of the persons signing
below on behalf of any party hereby represents and warrants that s/he or it is signing with full and
complete authority to bind the party on whose behalf of whom s/he or it is signing, to each and
every term of this Agreement.
ignature Pare Folloivsl
4
0038106\1 92266\1 23149460
IN WITNESS WHEREOF, the parties hereto have caused these presents to be signed as
of the date and year first above written.
By: Its 3-Member Development Committee
Randy Jones, delegate appointed by Kimaya
Ocoee Village, LLC, 5200 Vineland Road,
Suite 200, Orlando, FL 32801, Phone (407)
529-3048, Fax (407) 529-3100, E-Mail
dones g Xarksquarehorties.com
Date: .2022
Noam Magence, delegate appointed by Ocoee
Village Residential LLC, c/o The NRP Group,
1228 Euclid Avenue, Floor 4, Cleveland, OH
44115, Phone (Cell) 216-337-8900, E-Mail
Rlnqggnc_e n1 rou .com
Date: 2022
Patrick Christie, delegate appointed by DKC
Ocoee Village Center SE, LLC, 431 Fairway
Drive, Suite 201, Deerfield Beach, FL 33441
Phone (954) 354-8282, E-Mail
pchristie a, 0konoversouth, com _
Date: 2022
5
0038106\1 92266\1 23149460
ATTEST;
In
Melanie Sibbitt, City Clerk
(SEAL)
FOR THE USE AND RELIANCE BY THE
CITY OF OCOEE ONLY. APPROVED
AS TO FORM AND LEGALITY
this day of
.2022
Shuffield, Lowman and Wilson LLP
M
Scott Cookson, City Attorney
N M-
CITY OF OCOEE, FLORIDA, a Florida
municipal corporation
0
Rusty Johnson, Mayor
171 W TE - I P I oll'- -IR�E 4 1 C *E E T=
COMMISSION AT A MEETING
HELD ON 2022
UNDER AGENDA ITEM NO.
6
003 8106\1 92266\ 123 14946v5
CI r
i
Townhouse Work to Complete
03EARTHWORK
:
1 Com bled
balance to Complete
Fine ade ROW £ Backiill Qxbs
I 9,760.E
85%
$ 1,4600
03 EARTHWORK Subtotal
S 9 760.00
S 1,464.00
08-01 UNDERDRAIN POND T-5
0" PVC Solid Pipe I SDR35
$ 2661.40
5O%
$ 1,330.70
8'Ur':Ierdraln
$ 38,653.Op
50%
$ 19,276,50
8"Undardrain Clean -Out
$ 121703.68
50%
$ 6,351,84
08-01 UNDERDRAIN POND T-5 Subtotal
S 53.918.081
S 26.959.04
11 CONCRETE WORK
Handicap W1Detedable Warning
$ 19,800,20
75%
$ 4,9%05
it CONCRETE WORK Subtotal
E 79,000.20
$ 4,950.05
2"SP-12.5 Asphalte 11Lift
$ 397,122.75
95%
S IM5,25
CO 2 Subtotal
$ 397.122.75
$ 19,865.25
GRAND TOTALS TOWNHOUSES
480 0103
53:238.34
06 TURN LANE TO LAKEWOOD
Sawcut Asphalt Lono Edne Of Pavement
$ 5,M,50
OY
$ 5,M,50
Remove Exislina Sidewalk
$ 7,215.W
0%
$.. 7.215A0
Remove Existi Curb
I $ 8559.50
0%
$ 8,559.50
02A Clear, Grub & Strip Offsite Subtotal
S 21,655.00
21,655.00
05A PAVING OFFSiTE
1.5" SP-95 As t
S 13 78130
OY
$ 13,7300
Mimerock Case
$ 17,870,40
07
$ 17870.40
6" Umerock Base I In Lieu Of StabilizedSub ade
$ 11376,75
OY
$ 11.376.75
05A Pavinq Offe to Subtotal
S 42 970.45
42,978.45
11 CONCRETE WORK
E Curb
$ 8,102.50
0%
$ U0250
Vailev Gutter
$ 018.60
ox
S 4,618,60
F Curb
$ 1119550
0%
$ 13,195,50
5 X 4" Concrete Sidewalk
$ 9.160.00
OY
$ 9,160M
Handicap qwMs
$ 3,96132
OY
$ U61.32
11 Concrete Work Subtotal
$ 39.037,92
$ 39.037.92
GRAND TOTALS Turn Lane
S 103,671.37
10367137
OFF -SIT£ WORK
I? Stabilized adeILBR40
$ M.03150
95%
$ 5244.00...
8"LimerockBase
$ 262,138.69
84%
$ 40740.19
2" SP-12.5 Asphalt I Rift
S 240,500.75
Of.
$ 240,500,75
tAli&Resurface IAssume 1.5'IALLOWANCE
$ 29468,06
O%
S 29A68.06
Sidpi &Silt s
$ 5345RDO
0%
S 53,45000
12"Stabilized Substrade l LE'R 40110 Wide AspLgtWalka M
$ 5,587.75
M%
$ -
4' Umerock Base I IV Wide Asphalt Walkway
$ 9,602.25
100%
S
rSP-9.5 Asphalt PavementI V Wide Asphalt Waikwa2
$ 13,182.75
0'/.
$ 13,W75
Cut&Patch Roadwa Crossin s ALLOWAtJCf
It 5258250
0%
$ 52,58750
Sub -Total Paving
S 775 544.25
$ 435.0.25
9 0 Saritary Lift Station
80%
$ 70,002,00
6"Underdrain
$. 33,547.80
50%
S 16773,90
6' Underdrain Clean-OU
S 8260,23
50Y
$ 4,130.12
6"PVC Solid pia 1 SM35
$ 3204.00
5O%
$ 1602.00
6'Underdrain
$ 31,494.00
50%
S 15882:75
6"t.lnderdrain Clean-OU
$ 8.056.30
50%
$ 4,028,15
6"PVC Solid Pipe I. SDR35
$ 1,200.00
0%
$ 1,200.00
Sub -Total Underdrain
$ 43,616.92
D Curb Trendy Curb)
$ 25,653.60
59%
$ 10.533.60
Concrete Dd Yawav I6'Tlvck
,$ 8.6 AO
0%
$ 8.614,40
Concrete Median I Roundabout Arca
$ 3,250.00
0%
$ 3,2%00
4`X 9 Concrete Sidewalk.
$ 3Z914.20
30%
$ 22,940,20
4' X 9 Concrete Sidewalk l Thickened Eckie
$ 13A52.11
24%
$ 10,17110
Sub -Total Concrete Work
$ 55,50930
604296.47-
Total far Towrtwuses, Turn Lane and Off -Site Work
S 76120610
StreefirtHing
Townhouses
$ 50 OOOAo'
N. Lakewood Ave
S 125 000.00.
Park
S 1501mot ng_
Pla2ZVXO
S_._.. _ 75000.00
Landsca
S 1,161.20G.i8
Total with I15%
S 1.935 38710'.
€The Cost to Complete does not include:
Grassing and Sod
Signage
Landscape and Irrigation
Park Improvememiscovered bythe proposed Park A4reement
',. Signal
7
0038106\192266\1.2314946v5
CITY OF OCOEE, FLORIDA
1 N. Bluford Avenue
Ocoee, Florida 34761
Phone: 407-905-3 100
November 2022
DKC Ocoee Village Center SE, LLC Ocoee Village Residential LLC
c/o Konover Acquisitions Corp. 801 International Parkway, 5"' Floor
431 Fairway Drive, Suite 201 Lake Mary, Florida 32746
Deerfield Beach, Florida 33441 Attention: Kurt Kehoe & Sophia Knight
Attention: David Coppa and Jacob Gerb Email: kkehoolqaM
Email: dc )atkonoversouth.cotn Email: 5KRjgh!@nrgroup.com
Email: JgLib@ ,konoversouth.com
Kimaya Ocoee Village, LLC
c/o Park Square Homes
5200 Vineland Road, Suite 200
Orlando, Florida 32811
Attention: Steve Parker & Randy Jones
Email: s parker(aDparks urehomes.com
----q--
Email: jjones & arks �uareho�mes.c�om
Re: Infrastructure Development and Escrow Agreement for Ocoee Village Center dated
March 12, 2021 and recorded March 19, 2021 under Instrument No. 20210158900 of
the Public Records of Orange County, Florida (the "Infrastructure Agreement")
Ladies and Gentlemen:
This letter is addressed to you in your capacity as the three members of the OCOEE
VILLAGE DEVELOPERS CONSORTIUM, an unincorporated association of members (the
"Consortium"), which has succeeded OCOEE DEVELOPMENT TV, LLC, a Florida limited
liability company ("Developer"), as the patty developing the Ocoee Village Center Project located
in the City of Ocoee (the "Project"), pursuant to the above -referenced Infrastructure Agreement,
You have informed us that the Consortium has agreed (and by its execution below the Consortium
does hereby agree) to jointly act as the "Replacement Developer" under the Infrastructure
Agreement, by and through a "Development Committee" comprised of (i) Mr. Randy Jones,
delegate appointed by Kimaya Ocoee Village, LLC ("Kimaya"), (ii) Mr. Noam Magence, delegate
appointed by Ocoee Village Residential LLC ("OVW), and (iii) Mr. Patrick Christie, delegate
appointed by DKC Ocoee Village Center SE, LLC ("DKC"). The Consortium has engaged the
firm of Poulos & Bennett ("P&B") to provide construction management services for the Project.
P&B's representative assigned to the Project is Mr. Steve Saba.
Error! Unknown document property name.
The Project is required to be completed pursuant to the City's Subdivision Regulations and
the approvals granted by the Ocoee City Commission which are itemized on Exhibit "A" attached
hereto (collectively, the "Subdivision Plan").
You have expressed concern to the City regarding possible impediments to the issuance of
Certificates of Occupancy for the improvements built and to be built on your respective portions
of the Project. Specifically, we understand that you are requesting the City to agree to issue certain
Certificates of Occupancy notwithstanding that certain elements of the Project infrastructure
required by the Subdivision Plan may not be complete as of the date that a particular Certificate of
Occupancy is requested.
Attached hereto as Exhibit "B" is an itemization of various critical elements of the Project
infrastructure that remain incomplete as of the date of this letter. This Exhibit identifies which
items of infrastructure are required for the issuance of Certificates of Occupancy for the parcels
owned or intended to be acquired by the Consortium's members. The purpose of this Exhibit is to
identify whether or not the completion and acceptance by the City of a particular line item of the
Project infrastructure identified in the Exhibit is a condition to the issuance of Certificates of
Occupancy for a particular parcel. Accordingly, the City agrees that it shall either issue or withhold
Certificates of Occupancy on the basis of the status of completion/acceptance of the individual
elements of infrastructure work set forth in this Exhibit. This does not negate the requirements
that (i) the Plat of Ocoee Village Center must be recorded, and (ii) any PlbqK improvements
required by the Subdivision Plan for any Consortium member's parcel that are not itemized on this
Exhibit must be completed as a condition to the issuance of Certificates of Occupancy pertaining
to that parcel.
If you are in agreement with the terms of this letter, please execute this letter in the spaces
provided below in order to acknowledge same. This will also signify your concurrence that a
majority of the delegates of your Development Committee named in the first paragraph of this
letter have the authority act for and bind the Consortium in the future.
This letter may be executed and exchanged electronically and in counterparts, it being
agreed that all such counterparts, when combined, shall be as effective as a single original
document.
MMISM• ! • 1� .
0
Name:
Title:
Cc: James Barnett, Esq. (iharnett i �olsine�llicom)
Gary M. Kaleita, Esq. (gaLryk�aleita _ �Iown�des-lawcon-1)
Noam Magence, Esq. (nrnaeneerrarou .coin)
Scott Weir (,Scott.Weir & arlylecom)
Qc _
Diane D. Karst, Esq. (ALiane.karst nelsomnullills.coll-1)
AL_
2
Error! Unknown document property name.
AGREED TO AND ACCEPTED AS OF THE DATE(S) SET FORTH BELOW
By:
Name: David Coppa
Title: CEO
Date: November , 2022
KIMAYA OCOEE VILLAGE, LLC,
a Delaware limited liability company
By: KIMAYA OV DEVELOPMENT, LLC,
a Delaware limited liability company,
its Sole Member
By: Ocoee Village Partners, LLC,
a Florida limited liability company,
its manager
By: Ocoee Village GP, LLC,
a Florida limited liability company,
its manager
OCOEE VILLAGE RESIDENTIAL LLC, a
Delaware limited liability company
By:
Name: Noam Magence
Title: Authorized Signatory
Date: November 52022
By: Kimaya, LLC,
a Delaware limited liability company,
its manager
By:
Name: Vishaal Gupta
Title: Manager
Date: November , 2022
3
Error! Unknown document property name.
(a) Case No. RZ-18-06-09, whereby on October 6, 2020, the Ocoee City Commission
approved Ordinance No. 2019-011, rezoning the Property to PUD, under the Ocoee Land
Development Code, as amended by Ordinance No. 2020-024 approved by the Ocoee City
Commission on October 6, 2020 (collectively, the "Ocoee Village Center PUD"); and
(b) Case No. CPA-2018-006, whereby on October 6, 2020, the Ocoee City Commission
approved Ordinance No. 2019-010, amending the Ocoee Comprehensive Plan to change
the Future Land Use Designation for the Property to "High Density Residential and
Commercial" (the "Land Use Plan Amendment"); and
(c) Project No. LS-2019-005, whereby on October 6, 2020, the Ocoee City Commission
approved the Preliminary/Final Site Plan for the Townhomes at Ocoee Village Center (the
"Townhome Site Plan Approval"); and
(d) Project No. LS-2019.007, whereby on October 6, 2020, the Ocoee City Commission
approved the Preliminary/Final Site Plan for the Allure Apartments at Ocoee Village
Center (the "Apartment Site Plan Approval"); and
(e) Project No. LS-2019-009, whereby on October 6, 2020, the Ocoee City Commission
approved the Preliminary/Final Site Plan for the Southeast Commercial at Ocoee Village
Center (the "Southeast Commercial Site Plan Approval").
4
Error! Unknown document property name.
Village Ccntc� COC Items 11 /I/2AO22 Rev- : 1/15/2022
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41,36 Item #io Item #9 ------ Item #11
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TN I litem #1I
1�,E h P P
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GRAPHIC SCALE Ni
Remaining Construction Items
Required for C.O.'s?
NC-1
NC-2
NC-3
NC-4
NR- I
SR-1
(DKC)
(DKC)
(DKC)
(DKC)
(OVR)
(Kimaya
1. Fuller's Cross Roundabout
Yes
Yes
Yes
Yes
No
Yes
2. North Lakewood Avenue
Yes
Yes
Yes
Yes
Yes,
Yes
Roadway
subject to
Note I
3. Td Avenue Roadway
No
No
No
Yes
No
Yes
4. Clarcona-Ocoee Rd Intersection
Yes
Yes
Yes
Yes
Yes
Yes
5. Banyan Cove Blvd (W of N
No
No
Yes
No
No
No
Lakewood Ave)
6.1 Westbridge Court Connection
Yes
Yes
Yes
Yes
No
Yes
to North Lakewood
6.2 Westbridge Court Completion
No
No
Yes
No
No
No
7. City Park Civil Infrastructure
Yes
Yes
Yes
Yes
No
Yes
8. City Park Architectural
See Note
See
See
See
No
See
Infrastructure
2
Note 2
Note 2
Note 2
Note 2
9. Lift Station Assembly with
Yes
Yes
Yes
Yes
Yes
Yes
FDEP Clearance
10. Pond 2 w/ Underdrain
Yes
Yes
Yes
Yes
No
Yes
11. Pond T5 w/ Underdrain
No
No
No
No
No
Yes
12. 5t" Avenue Power Pole
No
No
No
No
No
Yes
Relocation
Note 1: As to Parcel NR-1, this Construction Item must be completed only as to that portion of North
Lakewood Avenue located North of Clarcona-Ocoee Road.
Note 2: Notwithstanding that the Civil Infrastructure for the City Park must be completed in order for the
City to accept the right -of way and related roadway improvements for North Lakewood Avenue, the City
agrees that, for a period of one (1) year following the acceptance by the City of North Lakewood Avenue,
no Certificates of Occupancy shall be withheld on the basis that the Architectural Infrastructure for the Park,
has not been completed; however, after that period Certificates of Occupancy for all parcels except NR- I
may be withheld until the Park's Architectural Infrastructure is completed and accepted by the City.
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