Item #07 Chateau Reserve - Annexation/Rezoning
Meeting Date: March 4, 2008
Item # -,
-~~
Contact Name:
Contact Number:
~ Re0ewedBy
Antonio Fabre, AICP 'S Department Director:
407-905-3100/1019 City Manager:
Subject: Chateau Reserve
Annexation & Initial Zoning
Case Number(s): AX 05-12-27 & RZ-08-01-01
Commission District # 3 - Rusty Johnson
ISSUE:
Should the Honorable Mayor and City Commissioners approve the Annexation and the Initial Zoning (R-1AA)
Ordinances for Chateau Reserve?
BACKGROUND SUMMARY:
The subject property is approximately 8.76 acres in size and is located on the east side of Tomyn Boulevard
approximately 255 feet south of Patriots Point Drive. The subject site is currently undeveloped with a variety
of trees, wetlands and 1 DO-year floodplain areas. Wetlands and flood zones areas are associated with the
Johns Lake Basin and are situated on the property's eastern and southern most boundaries.
The existing land use to the north and east is Single-Family residential subdivisions zoned R-1A, R-1AAA
(Brookestone Subdivision) and PUD Low Density (Wesmere Subdivision). To the south there is an
unincorporated parcel (+/- 1.4 acres) of land which is heavily treed and currently undeveloped, zoned
(Orange County) A-1. Situated west across Tomyn Boulevard is a water retention pond owned by the
Orlando-Orange County Expressway Authority. Currently, it is being utilized for stormwater abatement for SR
429. Further west across SR 429 is a vacant undeveloped parcel zoned (City of Winter Garden) A-1.
The Future Land Use designation is "Low Density Residential" which allows up to 4 dwelling units per acre.
The surrounding future land use is "Low Density Residential" except for certain portions to the south and east
which are designated as "Conservation/Floodplains".
CONSISTENCY WITH STATE & LOCAL REGULATIONS:
Annexation: With respect to State annexation criteria, Chapter 171.044 of the Florida Statutes grants
municipalities the authority to annex contiguous, compact, non-circuitous territory so long as it does not
create an enclave. The north and east boundaries of this property touches the City limits. The subject
property is considered contiguous to the City of Ocoee and, therefore, eligible for annexation.
Joint Planninq Area Aqreement: The subject property is located within the Ocoee-Orange County Joint
Planning Area (JPA) and is being considered for annexation as outlined in the JPA Agreement. Orange
County has been notified of this petition in accordance with Subsection 13-A of the City of Ocoee-Orange
County Joint Planning Area Agreement.
Comprehensive Plan: The annexation is consistent with the Future Land Use Element Policy 2.5 that states
in part, 'The City shall consider requests for voluntary annexation into the City when those lands are logical
extensions of the existing City limits, when services can be properly provided, and when proposed uses are
compatible with the City's Comprehensive Plan, the JPA Aoreement, and the City's Annexation Policy...."
[Emphasis added]
DISCUSSION:
Annexation Feasibility & Public Facilities Analysis Report: Based upon the projected impacts of the
proposed use and size of the parcel, Staff determined that the urban services could be adequately provided
to the subject property. Should the property owners choose to develop the property in the future; however,
they will be required to make certain improvements in accordance with the Land Development Code. (See
attached "Annexation Feasibility Analysis")
School Capacity Enhancement Aoreement(s): The applicant has entered into a "School Credits Sales and
Purchase Agreement" in order to handle school capacity and concurrency issues with the Orange County
School Board. (See attached "School Credits Sales and Purchase Agreement")
Summary: The proposed annexation is a logical extension of the City limits, urban services can be provided,
and the annexation meets state and local regulations. Upon annexation, the property will assume a Low
Density Residential Land Use per the JPA Agreement and the City of Ocoee Comprehensive Plan. The
applicant is requesting an initial City zoning classification of R-1AA zoning. The proposed initial zoning of
Single-Family Dwelling (R 1-AA) is consistent with the surrounding single-family residential land use of the
area.
DEVELOPMENT REVIEW COMMITTEE RECOMMENDATION:
On January 31, 2008, the DRC met to determine if the proposed annexation was consistent with the City's
regulations and policies. There were several minor technical issues to be addressed from the City
Attorney's Office that were identified in a written memorandum and presented verbally.
Based on the above analysis and subsequent discussions, the DRC recommended approval of the
Chateau Reserve annexation, subject to resolving the last remaining issues addressed in the City
Attorney's review memorandum.
PLANNING & ZONING COMMISSION RECOMMENDATION:
The Planning and Zoning Commission reviewed the proposed Annexation and Initial Zoning for Chateau
Reserve on February 12, 2008. City Staff presented a brief overview of the Annexation and Initial Zoning
for the subject property. City Staff answered several questions from the P&Z board regarding FEMA flood
zone determination, Comprehensive Plan flood determination and flood insurance for the proposed homes.
Discussion ensued that FEMA is an agency that creates nation wide flood zone maps but they are typically
broad and they are not based on an actual detail study for a small parcel of land. Therefore, it was
determine by staff that the completed detail study of the subject parcel was the most appropriate flood zone
elevations to use. Furthermore, the Applicant is requesting a CLOMR (Conditional Letter of Map Revision),
which is an amendment change from the FEMA map for insurance purposes and will go with the title of the
land. The P&Z Commission raised concerns about tree preservation for the southern portion of the site.
The Applicant responded that they would be willing to work with staff to save additional trees at Final
Subdivision Plan review. The Public Hearing was opened for the Annexation and Initial Zoning.
There were several residents from the surrounding area that spoke regarding this project. Inquiries range
from protecting the eastern boundary drainage ditch to the existing housing market of the area. An abutting
property owner stated that all the trees will be removed and his concern is that the developer is impeding
on the conservation area with the cul-de-sac as well as along the stream area. He further continued, "there
is no buffer on the stream side and they will be losing trees". Residents also raised concerns of wet back
yards which are hard to mow. Indicating that there is either a high water table and/or wetlands adjacent to
the subject site. Nevertheless, most of the residence demands centered on providing an additional
vegetative buffer to protect the existing drainage ditch and associated conservation tract. The Applicant
responded that he would be willing to work with surrounding residents to resolve these issues before Final
Subdivision Plan approval. In general, the residents had no objections to the Annexation and/or Initial
Zoning as presented. The Planning & Zoning Commission stated that all of these concerns would be better
addressed with the Preliminary Subdivision Plan.
After finishing its deliberations, the Planning & Zoning Commission voted to recommend approval (8-1) of
the Annexation and Initial Zoning for Chateau Reserve, subject to resolving the last remaining issues
addressed on the attached City Attorney's review memorandum prior to the City Commission formal action.
After the Planning & Zoning Commission meeting, the Applicant has submitted the City Attorney's
requested documents.
STAFF RECOMMENDATION:
Based on the recommendation of the DRC and Planning & Zoning Commission, Staff recommends that the
Mayor and City Commissioners approve the Annexation and Initial Zoning Ordinances for Chateau
Reserve.
Attachments:
Location Map
Future Land Use Map
Zoning Map
Aerial Map
Annexation Feasibility Analysis Report
Annexation Ordinance
Rezoning Ordinance
School Credits Sales and Purchase Agreement
Financial Impact:
None.
Type of Item: (please mark with an "x')
Public Hearing
X Ordinance First Reading
Ordinance Second Reading
Resolution
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
Reviewed by Finance Dept.
Reviewed by ( )
For Clerk's DefJt Use:
Consent Agenda
Public Hearing
_ Regular Agenda
N/A
X N/A
N/A
Chateau Reserve
Location Map
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CITY OF OCOEE
ANNEXATION FEASIBILITY ANALYSIS
CASE NUMBER: AX-05-12-27
ApPLICANT NAME: Chateau Reserve, LLC
PROJECT NAME: Chateau Reserve Residential Subdivision
This form is used to evaluate annexation requests to determine the feasibility of providing urban services
to individual properties. Each department has filled in the appropriate section and the findings are
summarized below.
II. PLANNING DEPARTMENT
J. Antonio Fabre, AICP I
B. Property Location
1. General Location:
2. Parcel Identification Number:
3. Street Address:
4. Size of Parcel:
The property is located on the east side of Tomyn
Boulevard approximately 255 feet south of Patriots
Point Drive.
30-22-28-0000-00-057
N/A
+/-8.76 ACRES
C.
Vacant
Residential Subdivision
A prox. 2.28 Units/Acre
Approx. 60
A-1
Low Densit Residential
R-1AA
E. C
onslstency
1. Joint Planning Area Yes
2. Comprehensive Plan: Yes
II. FIRE DEPARTMENT
1. Estimated Res onse Time:
2. Distance to Pro e
3. Fire Flow Re uirements:
A rox. 1 mile from Fire Station 3
111I. POLICE DEPARTMENT Chief Ron Reffett
1. Police Patrol Zone I Grid I Area: Zone 3 / Grid 20
2. Estimated Response Time: Approx. 2 Miles
3. Distance to Property: Approx.2 Miles
Page 1 of 3
Applicant Name: Chateau Reserve, LLC
Project Name: Chateau Reserve
Case #: AX-05-12-27
4 minutes for emer encies/10 minutes normal
6. Total Pro'ect Revenues:
J. Antonio Fabre, AICP
$670,140
$670,140
Unknown at this time.
Unknown at this time.
Actual impact fees will be calculated during
the site Ian a roval rocess.
Unknown at this time.
BUILDING DEPARTMENT
1. Within the 100- ear Flood Plain:
J. Antonio Fabre, AICP
Partial I in the FIRM 100- ear Flood Plain
I VI. UTILITIES David Wheeler, P.E.
I A. Potable Water
1. In Ocoee Service Area: Yes.
2. City Capable of Servina Area: Yes.
3. Extension Needed: Yes.
4. Location and Size of 8 inch WM on Patriots Point Drive in Brookestone
Nearest Water Main:
I B. Sanitary Sewer
1. In Ocoee Service Area: Yes.
2. Citv Capable of Servina Area: Yes.
3. Extension Needed: Yes.
4. Location and Size of 8 inch gravity on Patriots Point Drive in Brookestone
Nearest Force Main:
5. Annexation Agreement Needed: No.
I C. Other
1. Utilitv Easement Needed: Yes.
2. Private Lift Station Needed: There will need to be a City owned lift station.
3. Well Protection Area Needed: Yes.
I VII. TRANSPORTATION J. Antonio Fabre, AICP
1. Paved Access: Yes - along Tomyn Boulevard
2. ROW Dedication: No, Not needed
3. Traffic Study: Yes
4. Traffic Analysis Zone: 627/629
Page 2 of 3
Applicant Name: Chateau Reserve, LLC
Project Name: Chateau Reserve
Case #: AX-05-12-27
VIII. PRELIMINARY CONCURRENCY EVALUATION J. Antonio Fabre, AICP
At this time, adequate transportation capacity exists; however, this condition
A. Transportation: may change and will be subject to a concurrency evaluation during the site
Ian a roval rocess.
Adequate park capacity exists.
B. Parks I Recreation:
C. Water I Sewer:
Within the City of Ocoee water or sewer service area. At this time, adequate
water and sewer capacity exists; however, this condition may change and will
be sub'ect to a concurrenc evaluation durin the site Ian a roval rocess.
The applicant will be required to handle the stormwater on-site, according to
the City Code and the regulations of the St. John's River Water Management
District.
At this time, adequate solid waste capacity exists; however, this condition may
change and will be the subject to a concurrency evaluation during the site plan
a roval rocess.
Actual impact fees will be calculated during the site plan approval process.
D. Stormwater:
E. Solid Waste:
F. 1m act Fees:
I IX. SITE SPECIFIC ISSUES
All Departments I
None.
I X. CONSISTENCY WITH STATE REGULATIONS:
J. Antonio Fabre, AICP I
This is a voluntary annexation. The property is contiguous to the City boundaries and
reasonable compact, per 171.044 Florida Statues.
Page 3 of 3
ORDINANCE NO.
(Annexation Ordinance For Chateau Reserve)
TAX PARCEL ID # 30-22-28-0000-00-057
CASE NO. AX-05-12-27: Chateau Reserve Property
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ANNEXING
INTO THE CORPORATE LIMITS OF THE CITY OF OCOEE,
FLORIDA, CERTAIN REAL PROPERTY CONT AINING
APPROXIMATELY 8.76 ACRES LOCATED EAST OF AND ADJACENT
TO TOMYN BOULEVARD AND APPROXIMATELY 255 FEET SOUTH
OF PATRIOTS POINT DRIVE; PURSUANT TO THE APPLICATION
SUBMITTED BY THE PROPERTY OWNER; ANNEXING ADJACENT
PUBLIC ROAD RIGHT-OF-WAY TO THE CENTERLINE THEREOF;
FINDING SAID ANNEXATION TO BE CONSISTENT WITH THE
OCOEE COMPREHENSIVE PLAN, THE OCOEE CITY CODE, AND
THE JOINT PLANNING AREA AGREEMENT; PROVIDING FOR AND
AUTHORIZING THE UPDATING OF OFFICIAL CITY MAPS;
PROVIDING DIRECTION TO THE CITY CLERK; PROVIDING FOR
SEVERABILITY; REPEALING INCONSISTENT ORDINANCES;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, pursuant to Section 171.044, Florida Statutes, the owner(s) of
certain real property located in unincorporated Orange County, Florida, as hereinafter described,
have petitioned the City Commission of the City of Ocoee, Florida (the "Ocoee City
Commission") to annex said real property into the corporate limits of the City of Ocoee, Florida;
and
WHEREAS, the Ocoee City Commission has determined that said petition bears
the signatures of all owners of the real property proposed to be annexed into the corporate limits
of the City of Ocoee, Florida; and
WHEREAS, notice of the proposed annexation has been published pursuant to
the requirements of Section 171.044(2), Florida Statutes, and Section 5-9(E) of Article V of
Chapter 180 of the Code of Ordinances of the City ofOcoee (the "Ocoee City Code"); and
WHEREAS, on February 11, 1994, Orange County and the City of Ocoee entered
into a Joint Planning Area Agreement (the "JP A Agreement") which affects the annexation of the
real property hereinafter described; and
WHEREAS, the Planning and Zoning Commission of the City of Ocoee, Florida,
has reviewed the proposed annexation and found it to be consistent with the Ocoee
Comprehensive Plan, to comply with all applicable requirements of the Ocoee City Code, to be
ORLA_677265.2
consistent with the JP A Agreement, and to be in the best interest of the City of Ocoee and has
recommended to the Ocoee City Commission that it approve said annexation petition; and
WHEREAS, the Ocoee City Commission has the authority, pursuant to Section
171.044, Florida Statutes, to annex said real property into its corporate limits upon petition of the
owners of said real property; and
WHEREAS, the Ocoee City Commission is desirous of annexing and redefining
the boundary lines of the City of Ocoee, Florida, to include said real property.
NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF
THE CITY OF OCOEE, FLORIDA, AS FOLLOWS:
Section 1. The Ocoee City Commission has the authority to adopt this Ordinance
pursuant to Article VIII of the Constitution of the State of Florida, Chapters 166 and 171, Florida
Statutes, and Section 7 of Article 1 of the Charter of the City of Ocoee, Florida.
Section 2. The Ocoee City Commission hereby finds that the petition to annex certain
lands, as hereinafter described, into the corporate limits of the City of Ocoee, Florida, bears the
signatures of all owners of the real property proposed to be annexed into the corporate limits of
the City of Ocoee, Florida.
Section 3. The following described real property located in unincorporated Orange
County, Florida, is hereby annexed into the corporate limits of the City of Ocoee, Florida:
SEE EXHIBIT "A" (METES AND BOUNDS LEGAL DESCRIPTION
ATTACHED HERETO AND BY THIS REFERENCE MADE A PART
HEREOF).
Section 4. A map of said land herein described which clearly shows the annexed area is
attached hereto and EXHIBIT "B" and by this reference is made a part hereof.
Section 5. The land annexed pursuant to this Ordinance shall extend to the centerline of
any public road right-of-way located adjacent to the real property described on Exhibit "A"
attached hereto, provided, however, that the annexation of any such right-of-way shall not serve
to transfer any construction, operation or maintenance responsibilities with respect thereto,
except to the extent such responsibilities are expressly transferred to and accepted by the City
pursuant to an interlocal agreement in accordance with Section 335.0415, Florida Statutes.
Section 6. The Ocoee City Commission hereby finds that the annexation of said land
herein described is consistent with the Ocoee Comprehensive Plan and the JP A Agreement and
meets all of the requirements for annexation set forth in the Ocoee Comprehensive Plan, the JP A
Agreement, and the Ocoee City Code.
Section 7. The corporate territorial limits of the City of Ocoee, Florida, are hereby
redefined to include said land herein described and annexed.
ORLA_677265.1
-2-
Section 8. The City Clerk is hereby authorized to update and supplement official City
maps of the City ofOcoee, Florida, to include said land herein described and annexed.
Section 9. The land herein described and future inhabitants of said land herein described
shall be liable for all debts and obligations and be subject to all species of taxation, laws,
ordinances, and regulations of the City of Ocoee, Florida, and be entitled to the same privileges
and benefits as other areas of the City of Ocoee, Florida.
Section 10. If any section, subsection, sentence, clause, phrase, or portion of this
Ordinance 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 hereto.
Section 11. All ordinances or parts of ordinances in conflict herewith are hereby
repealed.
Section 12. This Ordinance shall take effect upon passage and adoption. Thereafter
the City Clerk is hereby directed to file a certified copy of this Ordinance with the Clerk of the
Circuit Court and the Chief Administrative Officer of Orange County, Florida and with the
Florida Department of State within seven (7) days from the date of adoption.
PASSED AND ADOPTED this _ day of
,2008.
APPROVED:
ATTEST:
CITY OF OCOEE, FLORIDA
Beth Eikenberry, City Clerk
S. Scott Vandergrift, Mayor
(SEAL)
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA
APPROVED AS TO FORM AND
LEGALITY THIS DAY OF
, 2008
ADVERTISED AND
READ FIRST TIME , 2008.
READ SECOND TIME AND ADOPTED
,UNDER
AGENDA ITEM NO.
FOLEY & LARDNER LLP
By:
City Attorney
ORLA_677265.1
-3-
EXHIBIT "A"
Legal Description
Begin at the northeast corner of the Southwest ~, of the Southwest ~, of Section 30,
Township 22 South, Range 28 East, Orange County, Florida; thence SOoo25'00"E along the
east line of said SW ~,SW ~ Section 30,1,278.11 feet; thence N88052'03"W, 62.19 feet;
thence N7r37'07"W, 52.86 feet; thence N52004'28"W, 90.68 feet; thence N66031'38"W,
173.72 feet; thence N8r35'27"W, 111.97 feet to the east right of way line of Windermere
Road; thence N13055'17"E along said right of way line, 1153.21 feet; thence N89011'51"E,
167.80 feet to the Point of beginning.
Said lands lying in Orange County, Florida. Containing 8.76 acres more or less.
ORLA_677265.1
-4-
EXHIBIT "B"
Map of Annexed Area
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ORLA_677265.1
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ORDINANCE NO.
(Rezoning Ordinance for Chateau Reserve)
T AX PARCEL ID # 30-22-28-0000-00-057
CASE NO. RZ-08-01-01: Chateau Reserve Property
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING
THE ZONING CLASSIFICATION FROM ORANGE COUNTY A-I,
"GENERAL AGRICULTURE" TO OCOEE R-IAA, "SINGLE FAMILY
DWELLING," ON CERTAIN REAL PROPERTY CONTAINING
APPROXIMATELY 8.76 ACRES LOCATED EAST OF AND ADJACENT
TO TOMYN BOULEVARD AND APPROXIMATELY 255 FEET SOUTH
OF PATRIOTS POINT DRIVE; PURSUANT TO THE APPLICATION
SUBMITTED BY THE PROPERTY OWNER; FINDING SUCH ZONING
TO BE CONSISTENT WITH THE OCOEE COMPREHENSIVE PLAN,
THE OCOEE CITY CODE, AND THE JOINT PLANNING AREA
AGREEMENT; PROVIDING FOR AND AUTHORIZING THE
REVISION OF THE OFFICIAL CITY ZONING MAP; REPEALING
INCONSISTENT ORDINANCES; PROVIDING FOR SEVERABILITY;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the owner or owners (the "Applicant") of certain real property located
within the corporate limits of the City of Ocoee, Florida, as hereinafter described, have
submitted an application to the City Commission of the City of Ocoee, Florida (the "Ocoee
City Commission") to rezone said real property (the "Rezoning"); and
WHEREAS, the Applicant seeks to rezone certain real property containing
approximately 8.76 acres, more particularly described in Exhibit" A" attached hereto and by
this reference made a part hereof, from Orange County A-I, "General Agriculture," to Ocoee
R-IAA, "Single Family Dwelling;" and
WHEREAS, pursuant to Section 5-9(B) of Chapter 180 of the Code of Ordinances of
the City of Ocoee, Florida (the "Ocoee City Code"), the Director of Planning has reviewed
said Rezoning application and determined that the Rezoning requested by the Applicant is
consistent with the 1991 City of Ocoee Comprehensive Plan as set forth in Ordinance #91-28,
adopted September 18, 1991, as amended (the "Ocoee Comprehensive Plan"); and
WHEREAS, on February 11, 1994, Orange County and the City of Ocoee entered into a
Joint Planning Area Agreement which has been amended from time to time (the "JP A
Agreement") ;
WHEREAS, the JP A Agreement affects the future land use of the real property
hereinafter described;
ORLA_677856.1
WHEREAS, pursuant to the provisions of Section 6(B) of the IPA Agreement, the City
has the authority to establish zoning for the real property hereinafter described and to immediately
exercise municipal jurisdiction over said real property for the purposes of Part II of Chapter 163,
Florida Statutes;
WHEREAS, the Zoning was scheduled for study and recommendation by the Planning
and Zoning Commission of the City of Ocoee ("PZC");
WHEREAS, the PZC has held a public hearing with public notice thereof and reviewed
the Zoning for consistency with the Ocoee Comprehensive Plan and the IP A Agreement and
determined that the Zoning is consistent with the Ocoee Comprehensive Plan and the IP A
Agreement and is in the best interest of the City and has recommended to the Ocoee City
Commission that it approve the Zoning and find it consistent with the Ocoee Comprehensive Plan
and the IP A Agreement;
WHEREAS, the Ocoee City Commission has held a de novo public hearing with public
notice thereof with respect to the Rezoning; and
WHEREAS, this Ordinance has been considered by the Ocoee City Commission in
accordance with the procedures set forth in Section 166.041 (3)(a), Florida Statutes.
NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE
CITY OF OCOEE, FLORIDA, AS FOLLOWS:
SECTION 1. AUTHORITY. The Ocoee City Commission has the authority to
adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida and
Chapters 163 and 166, Florida Statutes.
SECTION 2. REZONING. The zoning classification, as defined in the Ocoee City
Code, of the Property described in Exhibit "A" containing approximately 8.76 acres located
within the corporate limits of the City of Ocoee, Florida, is hereby changed from Orange
County A-I, "General Agriculture," to Ocoee R-IAA, "Single Family Dwelling;"
SECTION 3. MAP. A map of said land herein described, which clearly shows the
area of Rezoning, is attached hereto as Exhibit "B" and by this reference is made a part
hereof.
SECTION 4. CONSISTENCY FINDING. The Ocoee City Commission hereby
finds that this Ordinance is consistent with the Ocoee Comprehensive Plan, the Ocoee City Code
and the IPA Agreement.
SECTION 5. ZONING MAP. The City Clerk is hereby authorized and directed to
revise the Official Zoning Map of the City of Ocoee in order to incorporate the Rezoning
enacted by this Ordinance and the Mayor and City Clerk are hereby authorized to execute said
revised Official Zoning Map in accordance with the provisions of Section 5-1(G) of Article V
of Chapter 180 of the Ocoee City Code.
2
ORLA_677856.2
SECTION 6. CONFLICTING ORDINANCES. All ordinances or parts of
ordinances in conflict herewith are hereby repealed and rescinded.
SECTION 7. SEVERABILITY. If any section, subsection, sentence, clause,
phrase, or portion of this Ordinance 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
hereto.
SECTION 8. EFFECTIVE DATE. This Ordinance shall take effect immediately
upon passage and adoption.
PASSED AND ADOPTED this _ day of
,2008.
ATTEST:
APPROVED:
CITY OF OCOEE, FLORIDA
Beth Eikenberry, City Clerk
S. Scott Vandergrift, Mayor
(SEAL)
FOR USE AND RELIANCE ONLY BY THE
CITY OF OCOEE, FLORIDA; APPROVED
AS TO FORM AND LEGALITY THIS
DAY OF ,2008
ADVERTISED ,2008
READ FIRST TIME , 2008.
READ SECOND TIME AND ADOPTED
, 2008 UNDER
AGENDA ITEM NO.
FOLEY & LARDNER LLP
By:
City Attorney
3
ORLA_677856.2
EXHIBIT "A"
Legal Description:
Begin at the northeast corner of the Southwest ~, of the Southwest ~, of Section 30,
Township 22 South, Range 28 East, Orange County, Florida; thence SOoo25'OO"E along the
east line of said SW ~, SW ~ Section 30, 1,278.11 feet; thence N88052'03"W, 62.19 feet;
thence N72037'07"W, 52.86 feet; thence N52004'28"W, 90.68 feet; thence N66031'38"W,
173.72 feet; thence N82035'27"W, 111.97 feet to the east right of way line of Windermere
Road; thence N13055'17"E along said right of way line, 1153.21 feet; thence N89011'51"E,
167.80 feet to the Point of beginning.
Said lands lying in Orange County, Florida. Containing 8.76 acres more or less.
4
ORLA_677856.2
ORLA_677856.2
EXHIBIT "B"
Map of Rezoned Area
Chateau Reserve
Location Map
5
~ ~~~::~ ~
I
-CITY OF OCOEE
SCHOOL CREDITS SALE AND PURCHASE AGREEMENT
(Chateau Reserve)
THIS SCHOOL CREDITS SALE AND PtRCHASE AGREEMENT (this
"Af!reement") is made this I~*' day (lf2~ . 2007. bv and bet\~een
METROPOiJTAN ESTATES, LLC, a FloridalTll~:it~d liabiiity 'company (herein
referred to as "METROPOLITAN"), and CHATEAU RESERVE, LLC, a Flor[da
limited liability company (herein referred to a~ "CHATEAU").
RECITALS:
A. CHATEAU is the owner of those certain parcels of real properly located
in southwest Orange County identiJied by Orange County Property Appraiser's Parcel
#30-22-28-0000-00-057 and 30-22-2R-OOOO-OO~058 (the "Property"), on which it plans to
develop at least 19 residential dwelling units (the 19 units shall be rcferrcd TO herein as
"l\ew Units").
B. CHATEAU intends to rezone all or part of the Property 111 order to
dt:vdop the New Units.
C. In Orange County, developers proposing to rezone land to increase the
number of penl1itted residential units. as is the case with CHATEAU and the Property. to
seek and obtain approval of the rezoning request ftom the School Board of Orunge
County, Fiorida (the "School Board").
D. The School Board has created a review process for newly proposed
residential projects which culminates in the School Board voting either to approve or
deny a capacity enhancement plan. ncgotiatcd between the developer and the school stan:
in order to address the school impacts projected to occur as a result of development of the
developer's project.
E. On May 16, 2006, the School Board adopted a Resolution approving. a
capacity enhancement plan involving the creation of 6,481 school capacity credits 1'01' a
group or developers who, collectively, agrct:c.J to finance the costs of accelerating a high
school and middle school.
F. lvlETROPOLlTAN is one of the developers participating in the finandng
transaction and, in connection therewith. together with the School Board, entered into
that certain Capacity Enhancement Agn:;:ment (#06-011-13" (the "CEA'). a copy of
which is attached hereto as Exhibit "A".
G. Per the temlS of. and as explained in, the CEA. M ETROPOLITA\J
received 964 school capacity credits (defined in th~ CEA as "Owner's Capacity Credits")
which may be utilized within the "V'lest Orange HS Zone."
H. The Property is located in the West Orange HS Zone.
C'\i)l\":Llml:nl~ an:J ~eltmg\\J)Saattll)f!\~1y Dni.:mnel\~'I..~J'(' . \/jll::.~c F'.Ci!niriJt.:.t for Asslgnn".cl1l ofCr..:,jib (l.hal~aH !{l.:;.;ryc). dlnfl
2 du:
I '
1. This Agreement shall become effecti\'e upon the date of the last execution
by the parties (the "Effective Date").
J. tvlETROPOLITA:\ has agreed to sell. and CHATEAU ha<i agreed to
purchase, 19 of Owner's Capacity Credits. for use by ellATEAl! in connectiun with
CHATEAU's plans to develop 19 residential dwelling units on the Property.
NOW, THEREFORE, in consideration or the sum of Ten Dollars ($1 (.LOO). the
muLual covenants contained herein, and other good and valuable consideration, the
receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:
]. RECITALS. The above recitals are true and Con-eet and are incorporated
herein b)' this reference.
; PURCHASE.
2. i. Purchase Price. Subject Lo the terms :md conditjon~ of this
Agrec:ment. METROPOLITAN shall transfer and assign to CHATb\L and CHATEAl;
shall purchase and assume from METROPOLITAN. 19 Owner' ~ Capucity Credits. Th~
price (the "Purchase Price") for 19 O\\TIer's Capacity Credits ::;hall be '\iincty-J7iw
Thou:'ianJ and No/IOO Dollars ($95,000.00),
:.2. CIDsinQ.. The closing of the sale and purcha:'i:;:; or ] 9 Owner'::;
Capacity Credits shall take place at J 2:00 noon on No\'~mher 15. 2007 (the "Closing
Dare").
2,3. Payment Schedule. The Purchase P:-icc shull be paid in
accurdance with the following schedule:
2.:;.1. First Installment. CHA TEAC \>,0 ill pay the tir:;[
installment of the Purchase Price in the amount of $38,000 on the Effective Date ("Fir::.t
InstalImcnC). The First Installment shall be deposited with the law firm or Baker &
Hostetler LLP ("Escrow Agent") \vhich shall hold same. in cscro'v\'. in aCl,:ordance with
the tenn:=; and provisions of this Agreement. Escrow Agent shall ht)]d the First
Installment in an interest-bearing, federally insured account.
CHATEAl.:. through amI in cooperation with \1 r::lROPOLlTAK
shall have fC)J1y-five (45) days from the Lffective Date in which to petition for. and
obtain. School Board's approval of the transfer of 19 Owner's Capacity Credits to the-
Property. pursuant to section 18 of the CE:\. More speci!icully. the School Buard's
consent of the transfer shall be presented on the premise that the "S-year. projected
enrollment at the [Lake Whitney elementary school] does not exceed School Board'~
] 25% level of service standard taking into al.:count relief capacity planned for the 5-year
period." The Escrow Agent shall release the First Installment to ~'IETROPOUTAN
within two (2) days of the day the School BoarJ \'otes to approve tlj' the transfer. In the
event that School Board fails to vote to approve the transfer within the aforesaid 45-day
period, then either party shall have the right to temlinate this Agreement hy giving
\o\Tirren notice to the other party. with a copy to the Escrow Agent. Upun SL\t:h
C"\Dl)CLunt'!1b und SCl:lr.g_,,".[)S~l:1ttJolr,t\:1} f)"~llmClil$\SI"l' - Vill:Jf!.t: F-.( 'onlr;,;,:.\ I(lr ..\S"-Ignr)leut Ill' Cr;:d1l5 ;<..'h::\lC~l: R\,,'":-;';f'q:t _ ;j,'dft
2. dl~r,
tem1ination of tbe Agreement. Escrow Agent shall return the First In::;tallmem to
CHA TEAll upon ClIA TEAU's request.
2.3.2. Second Installment. The second installment of the:
Purchase Price in the amount of $57,000 wi II be paid on the Closing Dati: ("Second
Installment").
:2.4. rlosin2 PrlH.:edurcs. On the Closing Date:
2.4.1. Step One. !\.lETROPOLlTA;\ shall transfer and assign.
and CHATEAU shall assume, ] 9 Owner"s Capacity Credits tinder the terms and
<.:onditions of the CLA. The iOfln of the transfer and as:': i gnrnellt agn:<.:rnent to bc
executed on the Closing Dale is attached hereto as Exhibit -8" and incorpuratcd herein
(the "AssigrunenC).
2.4.2. itSl? Two. eRA. T[Al) shall pay the Second
Installment to l\1ETROPOLlTAN via wire transfer of funds or cashier's check.
2.4.3. Step Three. METROPOLJT.'-\.N and CllATF:.AU shall
provide School Board ,,"ith notice of the transfer and assignment of 19 Owner's Capacity
Credits by delivering to it a (;'opY or the executed t\ssignment. Il is anticipated thm
METROPOLITAN and CHATEAU will do this by arranging a meeting with DuviJ
MOim. Senior Manager, OCPS Planning and Govcmmenral Rclatil)ns.
2.4.4. Step Four. The School Roard. through and by David
1\-1oon or other OCPS senior staff person. shall provide CHA TEAL!. in writing. its
ackno\vledgement of CHATEAU's (and the Propel1y';;) interesLs in and lo 10 Owm:r's
Capacity Credits under the CEA.
2.4.5. Step Five. With respect to the 19 Owner's Capacity
Credits transferred and assigned to CHATEAL, J\-fETROPOLlT.\1\ shall be responsihk
!\,r paying to School Board the amounts due from Owner pursuant to Section 3 of the
CEA. TI1ese amounts are referred to in Section :) as the "prorated share of the
Proportionate Share Amount" and the "prorated share of the !'vlS Loan Related Costs:'
In the event that School Board \\'ill pcnnit METROPOLTTA~ to prepay thest: costs for
just 19 Owner's Capacity Credits, then METROPOLlT:\N shall have the option of
making a prepayment If not. then f\'lETROPOLITA\ shall put the cstim41ted amount of
these costs (i.e. ] 9 X $586.68 ;.: $11.147) in a separate. dedieat~d account with first
Commercial Bank of Centra! Florida.. pending payment or same pursuant to Section 3 oj'
the CEA.
3. OEFACLT.
3.1. Default of METROPOLITAN,. In the e\ent that
!\.IETROPOLITA~ shall fail to fully and timely perform any of its nhligarions or
covenants hereunder. then CHA TEA.l i may seek specifi<: performance. Pril)r to declaring
a default and exercising the remedies deserihcd herein. C] IA TEA l. shull issue a notice of
default to \:lETROPOLJTAN describing the e\ enl or condition of def..'lult in :,:ut'Gcicnt
C'>D:I~UJllt.'l1h :.1.!H~ St::'liHg.~'.]).')~ltho::',:-"1y DOCUHlClllS",St.C - VJlla~e [=';.( un!.:.!.,;l kiT A::-:.:.lgnB1('nt (I;" t. r..:JIl"l (l.h.s.tC.1U R~'j~n'~! ~ J;alt
2. d\)..~
detail to enable a reasorulble person 11) d~tennine the action nCl:cs$ary to cure [h(.: Jd1-.\UIt.
METROPOLITAN shall havc fiftcen (15) days from delivcry of the notice during which
to cure the defaull. If the default has nol been cured within the aforesaid period.
CHA TEA U may exercise the remedies described ahove.
3.2 Default of CHATEAl'. In the cvent that CHATEAU <;hall tail to
fully and timely pcrfom1 its obligations or co\'cllams hereunder to pay the Purchase Pril:l;'
to METROPOLITA.:'\J. then ?vfETROPOLITA~ may. at its option. elect as its sole
options: (i) seek equitable reliet: including. but not limitd to, specific perfonnance: or
(ii) to terminate this Agreement and receive from Escrow Agent. and retain. the f7irst
In::;tallment as liquidated damages.
4. NOTICES. All notices and other it~TTls required to be given and delivered
under the tcnl1S of this Agreement shall be addressed to the parries as follows:
lflo METROPOLITAN:
~lctropo]itan Estates. LLC
c/o Bell v J. Addison
900 S.\\;. 62nd Blvd. A-I
Gainesville. FL 32607
Tekcopy No.: !-1.52) 336-3118
If to CHATE!\L:
Chateau Reserve, LtC
22l)5 S. Hiawassl;:e Rd.. Stc 40X
Orlando. fL ]2~D5
Attn: Nicholas A. Burden
Telecopy No.: (407) 298-1740
I f to Escrm.v Agent:
Rakcr & Hostt:tler. LLC
SunTrust Center. Suite 2300
200 South Orange t\ \enue
Orlando. Florida 32801-3432
Atm: Allison E. Turnhull
Telecopy 1'\0.: (4(17) 841-0168
Notice hereunder may be given or he served by depositing the same in the
United Slales mail. postage pre-paid. registered or cenitJed. and aLldressed to the party ill
be notified. with return receipt requested. or by delivering th.:' same. in person or b)
Federal Express or other nationally rccogniLed overnight courier servit:e. to such address.
or by facsimile transmission. The parties may change their respective addr~sses fl.'")r notice
by giving notic(' to the other parries in accordance w;1h this Section.
C:'lkl':lIr1ll.:lIh :J:lt: 'C:!lm~,.;-f)Sauth():T,\1: Docume:J:s...c;r<.' - \'lIlag...: F'l\~J11r<t;';l fN .\$511.mm~Ht ,}f(;..:dlh (llj;l!\"'.t~; ;~~"J.,:r"'':-j _ (Iran
~ de;,,;
5. GEl'iERAL PROVISIONS.
5.1. Escrow .\g,cnt. Escrow Agent shall not be entitled to any fees or
compensation lor its services as escrow agent hereunder. Escrow Agent shall he liable
only to hold the First Installment. to invest same as provided [\.)r herein. and to deliver
same to the parties nam~d herein in acc()rdanc~ with the prm'isions or this A,~'Tecmcnt.
Esero\\ Agent. as escro\\ agent. is acting in the capacit) of a depl1sitory only. and shall
not be liable or responsible to anyone 1()r any damages. losses {ll' expenses unless "amc
shall be caused by the gross negligence or willful malfcasam:e of Escrow Agent. In the
cvent of' any disagrcemcnt among any of the ranies to this :\gn.:emel1l or among them or
any of them and any other person. rc~mlting in m.ln:rsc claims and demands being made in
connection with or for any property ifl\olved herein or affected hereby, Escrow Agent
shall bc entiticd to renlsc to comply with any such claims or demands as bng as su~h
disagreement may continue. and in so refusing. shall make no delivery or other
disposition of any property then held by it under this Agreement. and in so doing !-:s\:rO\,\
Agent shall not hecome liahlc in any \\'ay for such refusal. and Escrow Agent shall he
entitled to conlinue to rdrain from acting until (a) the righb ur adverse claimanLs shall
have been finally senle-d by binding arbitration or tinally adjudicated in a court assuming.
and having jurisdiction of the property involved herein or affeCTed herehy. or (b) al!
di tTerences shall have been adjusted by agreement and Escrow AgenL shall have neel1
notiJicd in "'-Titing of such agreement signed by the parrics hereto. Further. Escrow Agent
shall have the right at any time after a dispUlC between \IETROPOLIT:\N and
CHA TEAr has arisen. to pay any deposits held by it into any COUrt of competent
.i urisdiction for payment to the appropliute pal1y. whereupon Escro\\' Agent's obligations
hereunder shall terminate METROPOLlTAi\ and CHATEAl. agree that the status or
CHA TEAU's counsel as Escrow Agcnt under this Agreement does not disqLlali I"y sucb
hl\\' fiml rrnm representing CHATEAL in connection with this transaction and in any
disputes that may arise between CHATEAU and tvlETROPOLITAr\ concerning this
transaction. incluJing any dispute or \:onrfO\'crsy WiTh respect r('l the First InsliJllmcnt.
5.2. Cboice or Lav,' and Venue. This Agreement shall hi:: constrll~d .mJ
intcrpn':Lcd under the lav\,s of the Statc of Florida. \\'ithom giving eftecl to principles of
conflict of laws. eXl:t:pt where specifically pre-cmptcd by Federal law. The parties agree
that the proper venue with respect to any state or federal litigation in connection \"ith this
Agreement "hall be held in Orange County. Florida.
5.3. Amendments. Any ,mlenument to thi~ .\greement shall not hind
any or the pal1ies hereto unless sLlch amendment is in writing and exccuteu and delivcred
by fv1ETROPOLITA'-" and CHATL\t' Any al11(':ndment to lhi:-; Agrc-::l11ent shall be
binding upon the parties as soon as it has been ~wcuted by all parties.
5.4. Entire A!2recmcllt. This "\grccmem. together with :-Illy exhibits
attached herdo, constitutes the entire agreement h~twet:n the partks and no prior written
documents. Jnd no prior or contemporary oral statements. representations. promises. or
understandings not embodied in this Agreement shall be oj' any f\)J"ce and/nr effect.
2.(1.....:
l' ".I)\I';;l1lllt.:nt~ ~md 'l:n:tlg,'\,n~~ath')lf'.\l~ DCH':WI1\!llb',S"C - V;!bgc f.( ',\1ltf3Ct :'n:- .';~\l;;nr:l~nl (.J' ~'r~':"IIL' 11~ 'h;11~all R.....:i'-=!\\:) _ {Jr~lh
).:>. Litigation. In the cvent any party commencc;;. litigation to enforce
such pany's rights hereunder, the prc\'ailing puny sha11 h~ cnlitled to a reimbtlrsemcl1t of
its reasonahk attorneys' fees and costs incurred in such litigation from the non-pre'.ailing
party. both at the trial and all appellate levels. It is understood and ugreed that
reimbursement of reasonable attorneys' fees and costs is limited to the use of olltsidc
counsel and the expense of in house counsel shall not be reimbursed.
5.6. No Recordation. No party shall record this Agrecment nor an)
memorandum hereof in the Public Records of Orange County. Florida tUld nny such
recordation by any party shall be considered a ddalllt by such party unuer thi~
;\gr~el11ent. ?\iotwithstanding the fi)n::going. in the e\ ent this /\grcclTlcl1l or any
memorandum hereor is recorded in the Public Records of Orange COUl1lY. florida. such
recordation shall be considered null and void and thl: pany so recording shall indemnif)
and hold hal111ks~ the: other pany for any loss or damage arising from Sl1<:h recordntillll.
5.7. I Teadinlls. Captions and st:cLion headings c.:ontaincd in thi~
i\grccmcl1l are for convenience and reference only; in no .way do they define. describe.
extend or limit the scope or intent of this Agr~ement or ally provision hereof.
5.8. Time. For the purposes hercllL the: panics agn..:e that time shall be
of the essence with respec.:t to this Agreement. and that the representations and ,va,mllli~s
expressly set forth here.in are all material a'ld or Lhe essence of th~s Ag.reement.
5.9. Waiver. No ""ai,.:r ~If any provision L'f this I\greement shall t-c
dtectjve ullle~s it is in writing signed by the party against whnm it is asserted. and any
""aiver or an) provision of' this Agreement shall be applicable only to the specific
in~lance to which it is related and shall not be deemed to be a continuing or future waiver
as to such provision or a waivcr as to any otht'[' provision.
5.10. Time Periods. The calculation or the;: number or days .hat huvt;;
passed l~lr any rime period de:;cribed in the Agre~mem ba.:;ed on calendar days shall
commence on the day immediately follo\\ing the action Or event giving risl.: t6 the
commencement of the period and shall expire at 5:00 p.m. on the last clay of' the time
period. J "urthennore. any time period provided for herci n which :-.hall end Oli a Saturday.
Sunday or legal holiday, shall extend to 5:00 p.m. of tIll' next full business day. Time
shall be detcnnined by refercnct: to the time in Orange County. Florida.
5.11. ~ountcmart and Te.1ceop\'. This .-\greemel1t may be executed in
several counterparts and/or by telccopy. each of which shall be deemed to be i.ln ori~inaL
hUl all of \vhieh shall constitute one and the same agreement: provided however. that
each of the counterparts shall have been executed by both the parties hereto. Executioll
ol'this Agreement or any Amendmem th~rt:t(1 and ddih'ry hy facsimjl~ shall be deemed
execution and delivery of an original klr till purposes.
5.12. \\:aiver of Jurv Trial. Each pan) hereby \\"ai\e~ un} right to a .iury
trial in (;onn~ction with any dispute between the panics which ari:-,c:-, fWIll this Agrecmcl1I
or in any Cllurse of conduct rdmed bereto.
C.J)U":L:l1l:.:III.'l ...u;d s.=~~jllg:::..D"'\i.,thotrJ\'1y Dn>':UlfH.:nh~S! C - \'IJl..:~l,,: r". l\nt:-;J....l fllr ;\":\lg:tflK11lnt"Cl...tln, (\h;l!~nu l~\.':-...:n'Cl dl.1n
:.j~\;:
5. ~;\ t::Jl r:~'llJJ1er5hip. t\()thing. l:\IJllJincd in [hi" Agr(;cmcnt ~ha!! b~
d-.:~r:l~1 io constitutt: the crc,ltioo d' a joinr v~nrun; or pDrtner:;hip rej~l;inrJ~hip ho;;,wecn
uny uf lhe pani;::; ht:rctn. nor sh2JI am' PW\'J510il (:.j this !\~n:;':l11cnt be (k':.:rned 10 in1)1t1SC
~n:\ dUlY or !!abllity ,,11 a:1Y p(1)' !l(;rctc\ \\'ilh rcsp~":l 1(; thll'li imrti::s.
5. \ 4. WaiT".l} tie_~ _.<LT'l.-J .J{~pn;:;cD.tat1' ms. blch I'UI1 \ f;C~Ctl ; 'l<'::.n;';W
',,""rrants and represents UIH0 C<lL:h other thaI upun :llc:ir exc..:utinn (11' th,~ A..grC'cmcnl.
u.s:,umili); ex:.:cutiol1 (,f this Agrc.:mt.:l1l by the ;)lher ~arty. :-:u'..:h part)': ;a) sh"i! h:.: lull)
i->uund h), <::11 tlll' tt:rms. provisions <lnd ,,'onditions hcrcni': aile! (b; ha<; ful] p,)\\'<.:r :~nJ
authorilY t() abide by :1.nd comply ",,'jth the t<::n!1~. pro\'j"ion, u.iid Cl.ll':dnit;n,. !-;c;'c'\Jr Li..:l1
of tne.: partics hereto further warrants imo n..:p!'C5cnts (hil! the p!:::;:;(\il cxcl'ulin~ i!1h
/\gn::l:ll1t:!1t un its he-hull' is i1.dly autho:izcd to tiu Sf) ,1I1d lh~: nl. Junh:::i dcl;.~)n or
pn.l~:l;L:dll1g of Whillc\'cr nature shall be f1t.:cc:,;~,:;,:y tu nlllS~ Ihi.. /\gn:,,'I11L.:l:t tll he rully
hindiilg upon such pHny FlIiiher. !\'1Efi!.UPOL.lT/,'< rcprcscms to C:1A.1T.:\L1 ;L;;:!
i\:IETi{()POl..lTAN owns the- j(l Owner's Cap:Jcit)' Cic..iiL~: 10 l'w ;l)-;signcd Ie: CiIA; 1 ..l..l
"il'ilb.:r 0:- th;; panics rnak~s an:- n:pTesel~ta;illJ:S or W;Ir:-:m{,;:.., ',l' the (ILhl,;[' t:......:..:r;1 .1;; is
spc.:itil,;ulJ) pnwidcd in this Su'bsl.'c:ion ~.! 4 ;mci. tUi1hcr. ;1~1 n:prc"'L.'nL.lli{'n~. :,mi
\\'alT:mtic.~; $;1<;]1 merge: with the :\giC:;~mt.:nl allhL' lirni;: \If'cillsin.!.!,.
5.15. C.0ptidcl]llalll\'. The parties shaE kCt:!Jlhe CXiS,!(:ii(:c, :lnd lin::u';c:ial
l:..;rI7l~. ut" tl....is l\g.rl'C"n1l:nt strictI:\, c...;nt1dt::1ti:'11 ()n!y !hi.~ ;t!(Or1'h:Y" H:h~ a,-'l"(.~.Jntani.~ (:: the
pdl1ic:~ :-:lli.liJ rcccivl,7 11\)liccofsuc;!1 tl:nns.
J:'\ \YITNF:SS \VHEREOF. (11):: r;:';'l;;,;~ h::n::iO ha\.c' (\;cc:u!e_: :h),. ~g..c....m":,1l ,:;'-
,;j':h' u:Jlc first ;,;w!.L'd :lbovt:.
"\lETROPOIXL\V'
;\'lETROPOU L\:,; EST..\ TES. LLC, d
j-'j\)j"l(.L-l iliTlJt~d Ji:ihi:lt:". COHlpa.ny
!3y: : .(1k(, ('lt1~u, Pr\"H'iLh':~l(~:l~,.. ;_.~"( . :i F'!~'l! Id~:
hrnit(;d-1i~h;lj~\ C;":fnn;:ii\
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!Jy:.~\-~.. / ~J.1';;,~~'
N;l!11C: D:l\id Bc~:l11
'Tllk. \'!dml!..~;;r
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Cl!;\TEAl' RESFR\T. l.l.c. il F1l'r:d:;
ilrnit(.'J liLlh:iil) t:"i11:1.:"y
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'f'ilh..: \1d.:~~~,-=r
l.. ! }-' 1.,1,: 1'"... ill.;': .....tI.1Hl.'...;,1 ~~:;'J:b..~r ~~~ :)..l. "UW."1ll" .si.f- '/l!i;:.:I..": ~ I),.:..,.: In: ;:.......t:,:an,l..';tl, ~ :'.....:':~ 1~~j~:\.::..J11 [",":.~.T. J..,.:
: ,be.
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:;.13. 0fl P;'liJr~t:rshiI? '\othi:l:; C\l1L::incd :i, 11:;... :\gj~';:n-:cn: :;hall j(
(i~C!:1~J h) L"O:1st1lute tht: ~n.:ati\.Hl u" H loint \ .~!4:rure CH- fiar: rH:r~;(iir' rc; a:i(\T1sh; p hL~E'.\'t~~n
(.Hl': 'I( the pai1ic~ h"'..r:..;lo. nor :,J:al! '-tn:" prl.'\ !_..;i{1(l t~; tb:~ ."\~r\:~~r1~~r~: ;~c d(.."'::~1t;.d :;,'; i:11rn.,':
~ln:, d:Jty (IT l:ahi1it~ P:1 arlY p2.ft:-' herelo \\ nil ri_~""r\.:~.:-t i....! L~ii:\.i P:l.;1t:..>...
5.14. WU:T,lntl~~ . <mo,.! R<::pf\:,;:..:ni~~li\~x', ~::,ch :'<In\ nr:;':.:u: il:":;'..:h\
\\'arr~ln'iS a_Tld represents untd each uthL:r :har ;Jjll.:Hl ihl'lr :..'\cL'u!ion loti" (I~:-; A.gr:"lI~~rncnL
~L"l~L~:ning :"'X~"L'utioil cf this :\g:cclncIll b~. th~' i~~her p:.t71y. s:'!c"!: ~...~;~ty: (~d ;;ha~1 ~_4,C f:1l1Y
b:,,'lUl:d 1)) ~iI the ienns~ rrO\'-l~h)n> unci c'ond!lji,"n~ h~J\.:\'d': and (b} h:~-..:. full rly.,\'('i U110
duth~trn:, 1\\ ~'~r.lid,,-' h~ 1l!1d ~"()nlpl: \\'it111h~... ~(:nn:')~ :":~\;\l:,jOn~ ~~.ld ....,~ncil:,il~:-; Li..:rc\Jr Lach
uf th~ pal1j:.:~ hcr\.:h: further \.\'arranL, ~~nd n..:p:'cscn:~ thai ~h,-' r'~":'....r'i1 C~:L:Cl:tlng :!:>'I
:'\.g:.ccrn~n{ on its hcha!f i:-: fUlly :Julhor1zcd h'l Gi\ ,.;~) d7HJ Uld~ f:O ~'"~lnh;,;r J.~:~inn ;./1"
pruccL'da1g ,d' \\.'hatc\er natllre ~:hail bt."' nl'cC.'~:<lry tii C~i~lSC ~hi~'\g:\.'i..'nJl..:lji t(1 b~ tlJiJ)
binding up()n such ?an), FU1"ther, \;r:ri?'(lp()Lrr/\;,,\ r...~p:'L...~.t.:r;t~ ~c ('i ~:\'1'!~:,4\~! :P:lI
\.ri::': R[)P()[..l r~?\ ~,\\\'n~ the! f.) ()\\ nt'r.~ ('i.tPLJCil:,. C'r:.:di1~ t::1 be :~~.",j~.:n,-'d h'~ ('} L-\ 1 :- :\'i
>:t:;lhc:' (d' ibe parli;.;~ ;11ak..::--: ~n> r~pr(;scn!atiur.....; dr \\,(l:-T~:~11le" tn ~;h..' ()~~I('i' \.:\.....~~n! .1~ :~
~'P~.:cifi~::.di~ pru~\ idcd \;1 th~;; S~h~l"C:hin ); -i ~~,;1(i. 1urU1i....r. ..:!i r~'r)j.;-':-:l:r;.~~1ti~I~::-; ~ln~;
\.,\ ~ll"':.\;~~lH.;~~ ~!l~:.Il j~.l(;rge v..ith th...~ ,:\:;:n.:elr,;.:nl 3,: thf_ litn~" ~:r .'L,):-,iri;
), j 5. C~onJid~,~ltlal!~.y, 'f'he P:iri.IL"', Sh2i: kt-':c~) ,hi.,; C.\.i,,:C~!:":(.,;.. ~iild : il"",:lr:....: a!
~c...:n"':-~:-.. u; :t::~ \grc~rnt:nt '...:ri('~l..\ C{H1t1iit:n:i~d.
parlil.'~ ~:h~L rCL:ej\:c :10l.1~~ iJf ~LH;rl :t'~Tn~<.
()~~:\. l='!.: :l::prn~'\ '..
, , .~
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['\ \\Tf-...;ESS \\HEREOF, lh: ::l~l:'tlC:- L:.:rciu 11," '_' ~',.;"l"_:l::d :i:.." '\:2.:'c:~'n:,-,;): ,,_
l11 :hc d~ltc t'~l.:-:':i ~l:Jt~'d nb()v~,
t! \,] f:'r'l-t(j I}{} 1_! '"r.;\ ~".- . t
\IF.TROf'OUT.\~i EST.....TE:'. Ue. ..
Fl~~i'1Ja linli~~~:d 1 ahi!i:\ :"':\i'nr\(~:iY
F1\' r :lkc C':t;-'~l:"-o Prt~dL.(';~;'.~::""" ..nJ. . :~ ~'l(~:.:.j:.
j~!l~1t'..::d L.:1t)lE:.... i...:~':jnj-~:n:....
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(~i 1.\. l' E...\. t. F(r~S l~_R '\. ~~, L. L#(". .j Fjl'r~t~~~
li;11:k~~, :),~"i.:llY ~"'~:li;~'!"":'
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;..., ~'''l~::!' ,.n.: C,",:[;'n~"~ i~I":~a:h"JT\~\ ,.r.. .1~lI~'Zl".:'lI:. .. _:;~:':~: I ~':C'..;. ...... ,~':,!.~'H(
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I
- 2007
1\1
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FIRST AMENDMENT TO SCHOOL CREDITS
SALE AND PURCI-L-\SE AGREE!\.1ENT
-\' r-\:- nf-"!-'Cr-
0t 1 Y ~ l'~- H ,~UI r
Vit! t...~ ~.i_ '--
THIS FiRST AMENDMENT TO SCHOOL CREDITS SALE AND PURCHASE
/..\GREEMENT ("Amendment") is made this '8'~ day of November. 2007, between
METROPOLITAN ESTATES, LLC, a Florida limited liability company CMetropolilan") and
CHA TEAD RESERVE, LLC, a Florida limited I iability company C'Chateau")o
~lITNESSETH:
WHEREAS, Metropolitan and Chateau entcr~d into that certain School Credits Sale and
Purchase Agreement (the "Agreement") pursuant to which 1\o1etropolitan agreed to self. and
Chateau agreed to purchase. nineteen (19) of the Ovmer's Capacity Credits.. as therein defined:
WHEREAS, the Orange County School Board has approved the assignment of the
Ov,'ner's Capacity Credits pursuant to certain conditions:
WHEREAS, Chateau desires to extend the Closing Date set forth in the Agreement: and
\VHEREAS, Metropolitan desires to extend the Closing Date, as provided herein.
NOW, THEREFORE, for and in consideration of the premises, the sum of Ten Dollars
($ J 0,00) and other good and valuable consideration. the receipt and suftlciency of which is
hereby acknowledged. the parties hereby agree as follo\-\"s:
"
1. Recitals, The recitals set t{mh above are lrue and correct and are incorporated herein.
Unless otherwise provided herein, capitalized temlS used herein shall have the
meanings set [onh in the Agreement.
2. Closinl! Date. Paragraph 2,2 of the Agreement is amended as follows:
")? Closing. The closing of the sale and purchase of]9 Owner's Capacity Credits
(';Closing") shall take place at 12:00 noon 011 February 15.. 2008 ("Closing Date'"'),
3.. Earnest Money Payment.
A. Paragraph 2,3,2 of the Agreement is amended as follows:
2.3.2. Second Installment. On November 15. 2007.. Chateau shall pay to Metropolitan
the amount of S27,OOO,OO ("Second Earnest Money Payment"). The Second Earnest
Money Payment shall be nonrefundable to Chateau except in the event that the
Agreement fails to close due to a Metropolitan deJ~iUh.. or if Chateau is othen-vise entitled
to an catllest money refund pursuant to the Agreement. The Second Earnest :\1c1ne}
Payment, together with the previously.-released First Installment shall be credited
towards the Purchase Price due to i\.1etropolitan at Closing.
B. New Paragraph 2.3,3 to the Agrt:emem is hereby insened:
IlHX04".1I00(J[H.10189072\1.1
2,3.3 0 lbird Installment. The third installment of the Purchase Price in the amount of
$30.000.00 ,,,till be paid on the Closing Date ("Third Installment"),
4. Counteroarts. Hlis Amendment may be executed in one or marc counterparL<;. each
of which upon delivery shall be deemed an original and all of which together shall
constitute one and the same instrument. It shall not be necessary when making proof
of this Amendment to produce L:Ounterparts with original signatures, it being agreed
that photm:opies of signatures or signatures received by facsimile transmission shall
have the same effect as original signatures.
5. Ratification. Except as modified herein, the Agreement remains unchanged and in
full force and effect. In the event of a conflict between the terms and provisions of
this Amendment and the Agreement. the lenn:.; and provisions of this /\mendment
shall control and be given effect.
IN WITN"ESS WHEREOF~ the parties hereto have exc::cuted this Amendment to as of
the day and year first above \\'Titten,
"T\-fetropolitan"
METROPOLITAN ESTATES, LLC,
a Florida limited liability company
By: Lake CitrusProductions. LLC, a Florida
limited liability company
By:
David BealL as its Manager
"Chateau"
CHATEAU RESERVE, LLC, a Florida
limited liability company
v
By:
08SC~I). O(ll!lJOI. lulg90729.1
5.13. ~..Q.._PartnershiD. Nothing contained In tbis Agreement shall be
deemed to constitute the creation of <l joint \~nturc or pm1nership reJatiomhip het\\'ccn
any of the parties hcrclO, nor shall any pfClvis!on ofihis Agreement be de~med to imrosc
any dUly or liabi lity on any pariy herc10 ",'ith rC$r(~ct to third pmties.
5.14, \Y::lJT~ti,~LJl_n_iL_Re.p[ti?~malil)ns. Each pari) ncrct(, herdw
warrants and represents umo each other that upon their execution or this Agreement.
assuming execution of ihis Agrccm~nt by th:..:: other party. such pany: {a) shall be fully
bound by all the terms, pmvisi,lOS and condiTions hereof; and (b) has tuB p0\','er :.ind
authority to abide by and c0mp!:-, \Vi1h the term!>_ provisjons anJ conditinns hereof Ead1
of the parties hereto further warri:Jnls and rc:prcscnts thai t.,e person c:r,ci..~utjng U.b
Agrcement ttn its oe1:ul1' is iully authori~ed tl) do so ~md that no furtht:r al'!10TI or
procct..xiing of whatever nmure shall be necessary to cause this i\grccmcnt to be tully
binding upon such party, Further, METROPOLlTAi>.: represents to ('flA.-TEAU th<i:
MET.ROPOUT AN o..m~ the 19 Owner's Capacity Credits to he assigned to CHA n>\\ .
\:cilher of the partlcs makes al1~' representatiuns Of w<llT'dntie.s 10 the other :,,:.\<,:('pj .l:< I;
~pccitil.:'dJ]y' pmvideJ in this Suhse.ctiun 5. i 4 and. fu,-thcr, all rcpri.:sL'n[afion~ <~:1U
\.varra.rllics shall merge with the Agree-mi.:nl allbe time of clm:ing.
5.15, (:onti~I.f..[l;j,r~iiry. The parties shaH keep the existenct:, and linant.:iaj
l;;nns, of this Agn.'cment strictly confidential. Only the attorneys and at:t:oum,u~ts c( the
pi.lni..::s $hilll receive notice of $ucn tCI-ms.
IN \.\TfNESS \\:lIEREOF, tht: pa.nies hereto have executed this .l.gre:..::rn.:n: ,'-"
lll' (he date first stated abovc.
11~1ETROJ>OUT:\;"; "
i\fETROPOLiTA.N ESTATES. LLC, d
Fk);ida iimited liability com;1any
By: Lake Citrus Produclion", LLC, a rbrid~t
iirnitcel-ilabiliw C(}m1)am'
/ _ 1 .. ~ J ,_-'
r j . 17.1 ,-'
L. ;" P.....
1:3": 1<1 -< }' U.!(:L/
J _~_ '__.._ ____
Name: David Beall "-
Til.k: Iv1anager
"CHATE,,\ V'
CHA TEAL RESER\tE, U.c. d Fk:ric1.'
limited liabililV com,.1ClnV
By: /(~,-'~_
~ar{e: ?\ichnlas A. Bw-d~;:
Tille: !vl1Ulager
C.'. f ):,\ -tllT.;m::; an;i :"':''1.t.ng~.D~ll2:.hoff :l,:t~' D:;.t:lJJUL711-" ~~r:r- ..Jdbg:.: F Conr:':lC":lc!" J\':-"lgnl1lt."1\1 ;.,i" (.r:'.i:~:-. :':.-h.;:H::'",HI Re"':Cf\.c'l- dl';;d:
....ti='--..
Copy of Public Hearing Advertisement
Orlando Sentinel
Date Published
Thursday, January 31, 2008
Pg.F3
'y:.'
Advertisement
NonCE
FOtI
CASE
-1 _ j
i--,:
: ~.
e~~:;
]~~~;'_: .
/ -.----
KE 1IUNC'fI,..'rlJN
" the appllcantOs request is approved, the annexation
would incorporate the prapertv Into the Cltv of Ocaee.
Pursuant to Subsection 5-9 A. of the land Development
Code; the Planning Director has determined that the re-
quested annexation Is within the Ocaee-Orange County
Joint Planning Area (JPAl, and is consistent with the
Ocaee-Orange Cauntv J P A land Use Map and the Ocaee
Comprehensive Plan.
The complete case 'fIIe, including a complete legal de-
scription bv metes and bounds, may be inspected at the
~y: ~~~u~ltr50~~e,!r'1,"r~~~s~r.g::'i':~,vb~~~n~lcPri:
do between the hours of 8:00 a.m. and'5:00 p.m., Mondav
through Frldav, except legal holidavs. '
The Planning & Zoning Commission may continue the
public hearings to other dates and times, as it deems nee,
essarv. Any Interested party shall be advised of the
dates, timeso and places of any continuation of these or
conflnued pUblic hearings shall be announced during the
~'ftr~g P':.~~iS~~~~~r a~~tl~j~Is'i3~h'1,\n~nt~e~r~~~~~
desires to appeal any decision made at the public hear,
Ings wlli need a record of the proceedings and for this
purpose may need to ensure that-a verbotim record of the
proceedings is mode which includes thetestimonv and ev-
Idence UPOll which the appeal is based. Persons with dis-
abilities needing assistance to POrtlclpate In onv of these
proceedings should contact the City Clerk's Office 48
hours In advance of the meeting at 407,905,3105.
Beth Eikenberrvo City Clerk
OlS614J37
1/31 0 2fi, 2008
Copy of Public Hearing Advertisement
Orlando Sentinel
Date Published
Thursday, January 31, 2008
Pg.F3
-if'
Advertisement
CITY OF OCOEE . .
NlJTIC( OF PUBLIC HEARING
TO CONSlOER THE PREUMlNARY
SUBOMSION PlAN FOR
CHATEAU IIESEIIVE
CASf NUMBERS: LS--.Gl7
NOllCE IS HEREBY GIVEN. pur-
suant to Section 4,3 A. (3)
i::~;'t Ot: lh~~donD=ry.
~~BR:~a:,z;. ~r~a~1:f:'s
fO~I~~cc'llMJ~I&r~nIN~I~
a PUBLIC HEARING at the
g~g~te;;.thoc~::,~lt~~~
~~?rt~ ~~~~liIe~i~rpr~U~:;\:
nary Subdivision Plan far'
the Chateau Reserve SUbdl-
r~~i':'stg~Ilte:~V~:;~~1Iea
approximatelY 2500 feet
north of Roberson Road and
~~lv~Ut~eof p:~i~lo~e~~m!
cation is 3G-22'28-0000-00-057.
Interested parties may ap,
pear at the pUblic hearing
and be heard with respect
to the propased actions.
The complete case file may
be .1 nspeeled at the Ocoee
Community Development
I Department/Planning Dlvi,
sian located at 150 North
Lakeshore Driveo Ocoee,
Florida between the hours
of S:OO oem. and 5:00 p.m.o
~~d~Jr'h"oWJa~[idaYo ex-
The Planning & Zoning
Commission may continue
the pUblic hearing to other
dates and times, as it
deems necessary. Any in,
terested party shall be ad,
vised of the dates, tlmeso
'and places of any continua,
tion of these or continued
public hearings. Any contin-
uances shall be announced
~~1~~h~e~ti~:~r~~Jrd~~~
these molters will be pub-
lished. You are advised that
any person who desires to
appeal any decision made
I ~~:~ea P~e~~~dh~~W: ~~~
ceedings and for this pur,
pose may need to ensure
that a verbatim record of
~h1c~ rrn~T~~r~fie I ~e~W,\l,:
ny and evidence upon which
~~~s a ~ftta ~i~~ft~I'e~' rie~:
ing assistance to participate
~nhg~rdofc~~~cf~~~~r~
Clerk's Office 48 hours In
advance of the meeting at
407-905,3105.
Beth Elkenberryo
City Clerk
o LS614339 1/31108
Copy of Public Hearing Advertisement
Orlando Sentinel
Date Published
Thursday, January 31, 2008
Pg.F3
,~,
Advertisement
NllTICl
FOR
CAS Eft: llZ4OI-8I
NOTICE IS HEREBY GlVENo pur,
suant to SubsectIon 1-10 and
5,9 of the City of Ocoee
Land Development Codeo
that on TUESOAYo FEBRUARY 12.
2lIIIlI AT 1:10 P... or as soon
~'Ii~e,m:8r . aio~~~tlf8~J~
SION will hold a. PUBUC REAR,
ING at the City of Ocoee
Commission Chambers. 150,
North Lakeshore Drive.
Ceoee. Florida. to consider,
.the rezoning of one parcell
generallY located on the
~~~~~y T='le:lv~o~ i
~ u~~beo'1o~ a~~~t~n~ Jr~l
Drive. The parcel iden!lfl,
cation Is 30-22,28-0000-0O-O51,
If the applicant's request Is
approvedo the property zon'
Ing would change from Or,
ange County' A-I: Citrus
Rural' to !be City of Ceoee
'R-1AA: Single-Family
Dwelling' .
Pursuant to Subsection 5-9
B. of the Land Development
Codeo the requested is con,
slstent with the Ocaee-Or-
~g~ ~~~n\he'~~o~~n~~~
prehenslve Plan.
The complete case file In-
cluding a complete legal de,
scrl pHon by metes and
bound So may be Inspeeled
at the Ocoee Community
Development Deportment!
f:nJ~~h D~~~~~~~~~~v~~
Ceoeeo Florida between the
hours of 8:00 a,m. and 5:00
~a~;o e~~~~al~mrg~R~a~~:-
The Planning & Zoning
Commission may continue
the pUblic hearings to other
dotes and times. as H
deems necessary. Any In,
terested party shall be ad,
vised of the dateso. times.
and plaCes of any continuo,
tion of these or continued
public hearings sholl be on,
nounced during the hearing
and no further notices re-
~rg~b~I:~~~ !?~J'~~~ ~~~
vised that any person who
desires to appeal anY dee;;,
sian made at the public
hearings will need a record
of the proceedings and for
this purpose moy need to
ensure that a verbotim re-
cord of the proceedings Is
made which Inc.ludes the
~~ti~~Jh a~eev~~p~: I urs
bosed. Persons with dlsabll-
~~IC~~~~~nrn a~~ls~ni~e:~
proceedings should contact
h~eu;~!rn C~~~"c;~c~ff~fet~:
meeting at .407,905-3105.
Beth Eikenberry.
City Clerk
OLS61433A 1131108