Item #07 Approval of Third Amendment to the Interlocal Agreement Regarding Coca-Cola Property and the Third Amendment to Declaration of Conditions of Approval (Ocoee Crown Point PUD)\.` 'J
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florida
AGENDA ITEM COVER SHEET
Meeting Date: July 1, 2014
Item #
Contact Name:
Contact Number
David A. Wheeler, P.E.
407 - 905 -3100, ext. 9 -1504
Reviewed By
Department Director:
City Manager:
Subject: Third Amendment to the Interlocal Agreement Regarding Coca -Cola Iroperty and the Third
Amendment to Declaration of Conditions of Approval (Ocoee Crown Point PUD) (District 1 —
Commissioner Groqan)
Background Summary:
The School Board of Orange County, Florida (School Board) entered into that certain Interlocal
Agreement regarding Coca -Cola Property dated June 13, 2000, with the City of Ocoee, as amended
by the First Amendment and Second Amendment thereto (Interlocal Agreement). The Interlocal
Agreement provides for the acquisition of a 115 -acre parcel of land located in West Orange County
which was owned by the Coca -Cola Company. Pursuant to that Interlocal Agreement, the School
Board was to be given a 60 -acre portion of the Coca -Cola Property for a high school site, a 15 -acre
portion of the Coca -Cola Property for an elementary school site located on portion of Orange County
Parcel ID # 01- 2227 - 0000 -00 -012, Site 72- E -W -7, and a 40 -acre portion of the Coca -Cola Property for
a transportation and work force education facility located on a portion of Orange County Parcel ID #
06- 22 -28- 0000 -00 -054, Site 73- A -W -7.
The School Board and Ocoee also entered into a Declaration of Conditions of Approval, dated
September 16, 2003, as amended by the First Amendment and Second Amendment thereto
(Declaration) to govern the permitting related to the acquisition and development of the land
contemplated by the Interlocal Agreement. Unforeseen circumstances arose related to the planting
required by the St. Johns River Water Management District (SJRWMD) and issues involving the Army
Corp of Engineers permit required for the Coca -Cola Property. The City reserves the right to include
resolution of the Army Corp of Engineers permit by the developer of the residential tract in the Ocoee
Crown Point PUD development. The School Board is willing to pay for half of expected expense to
resolve the Army Corp of Engineers permit should the City perform the permit modification at the
City's expense.
Subject to the terms in the Third Amendment to the Interlocal Agreement contemplated herein, the
School Board would pay to Ocoee the lesser of: i.) 50% of the actual costs paid by Ocoee in
connection with necessary revisions to the Army Corp of Engineers Permit; or ii.) SEVEN THOUSAND
FIVE HUNDRED AND NO /100 DOLLARS ($7,500.00). Subject to the terms in the Third Amendment
to the Declaration contemplated herein, the owner of a tract of land adjacent to the Bus Facility Site
would have the right to impact the Bus Facility Site for water drainage, so long as the School Board
would have the right to utilize any surplus Uniform Mitigation Assessment Method Credits resulting
from the July 2011 permit modification granted by the SJRWMD Permit No. 4- 095 - 83494 -1.
The Elementary School Site is planned to be surrounded by a master planned residential community.
Because, the school site will be transferred prior to a completed development plan, OCPS is agreeing
to adjust the property boundary so long as the gross acreage remains the same and acceptable
access is provided. OCPS will have ninety (90) days to review any request to adjust the boundary.
The Third Amendment to the Interlocal Agreement and Third Amendment to the Declaration has been
reviewed by City and School Board legal staffs.
Issue:
Should the City approve the Third Amendment to the Interlocal Agreement Regarding Coca -Cola
Property and the Third Amendment to Declaration of Conditions of Approval
Recommendations
Staff recommends that the City Commission approval of the Third Amendment to the Interlocal
Agreement Regarding Coca -Cola Property and Third Amendment to Declaration of Conditions of
Approval by and between the City of Ocoee and the School Board of Orange County, Florida to
provide for modifications to the Army Corp of Engineers permit for the Elementary School Site and to
entitle the School Board to utilize any surplus UMAM Credits resulting from the July 2011 permit
modification granted by the SJRWMD Permit No. 4- 095 - 83494 -1 and authorize the Mayor and City
Clerk to execute both agreements.
Attachments:
1. Third Amendment to the Interlocal Agreement Regarding Coca -Cola Property
2. Third Amendment to Declaration of Conditions of Approval
Financial Impact:
The financial impact to the City would be one half of the projected expenses up to $7,500 should the City
choose to resolve the Army Corp of Engineers permit modification. If the City opts to include the permit
modification in the development of the Ocoee Crown Point PUD residential tract to be paid for by the developer,
the financial impact to the City is nothing.
Type of Item: (please mark with an 'V)
Public Hearing
For Clerk's Dept Use:
Ordinance First Reading
XX Consent Agenda
Ordinance Second Reading
Public Hearing
Resolution
Regular Agenda
XX 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
0
THIS INSTRUMENT PREPARED BV
AND SHOULD BE RETURNED TO:
Christopher J. Wilson, Esq.
MARCHENA AND GRAHAM, P.A.
976 Lake Baldwin Lane. Suite 101
Orlando, FL 32814
(407) 658 -8566
For Recording Purposes Only
THIRD AMENDMENT TO INTERLOCAL AGREEMENT
REGARDING COCA -COLA PROPERTY
(OCOEE CROWN POINT PUD)
THIS THIRD AMENDMENT TO INTERLOCAL AGREEMENT REGARDING
COCA -COLA PROPERTY (this "Third Amendment ") is made this day of ,
201_ by the CITY OF OCOEE, a Florida municipal corporation, whose mailing address is 150
North Lakeshore Drive, Ocoee, Florida 34761 (the "City ") and THE SCHOOL BOARD OF
ORANGE COUNTY, FLORIDA, a body corporate existing under the Constitution and laws of
the State of Florida, whose mailing address is 445 Amelia Street, Orlando, Florida 32801 (the
"School Board ") (the City and the School Board are sometimes collectively referred to herein as
the "Parties ").
WITNESSETH:
WHEREAS, the City and the School Board entered into that certain Interlocal
Agreement Regarding Cocoa -Cola Property dated June 13, 2000 with respect to the acquisition
and development of a PUD to be known as Ocoee Crown Point PUD, which was amended by
that certain First Amendment thereto dated August 25, 2003 and that certain Second Amendment
thereto dated September 20, 2005 (Interlocal Agreement Regarding Cocoa -Cola Property and all
amendments thereto are collectively referred to herein as the "Interlocal Agreement "); and
WHEREAS, the Interlocal Agreement specifies that the School Board shall acquire
approximately 115 gross acres of land (inclusive of land needed for stormwater retention) for
intended School Board uses including approximately 15 acres for an elementary school (the
"Future Elementary School Property "); and
WHEREAS, the parties desire to enter into this Third Amendment to govern the rights
and obligations of the Parties in the event the City desires to modify the boundaries of the Future
Elementary School Property; and
WHEREAS, the Parties desire to modify the Agreement to further reflect that the School
Board will pay a portion of the Army Corp of Engineers credits paid for by the City in connection
with the property conveyed to the School Board under the Interlocal Agreement.
u: \ocpsl \crown point \3rd amendment to interlocal agr - crown point pud.final.6.2.14.doc
NOW, THEREFORE, in consideration of the promises and agreements herein
contained, the parties hereto agree as follows.
1. Recitals. The above recitals are true and correct and incorporated herein by
this reference.
2. Definitions. All capitalized terms used herein shall be as defined in the
Interlocal Agreement unless otherwise indicated or defined in this Amendment.
3. Additional Condition of Approval. The Interlocal Agreement Paragraph 6 is
hereby amended by adding the following as Paragraph 6(E):
(E) If the City determines in its sole discretion that it desires to modify the
boundaries of the Future Elementary School Property, it may do so by providing
the School Board written notice of the new proposed boundary (the "New
Elementary School Property") in accordance with the terms of the Interlocal
Agreement by no later than the time that the School Board initiates advertising for
an architectural and /or engineering firm to perform work related to the Future
Elementary School Property. The School Board shall have ninety (90) days from
receipt of the New Elementary School Property, to accept or reject the City's
proposal, and said approval shall not to be unreasonably withheld. The New
Elementary School Property shall be at least fifteen (15) acres and shall provide
access for efficient operation of an elementary school. The School Board shall not
be responsible for any costs associated with the modification of the boundaries as
contemplated herein.
The above additional condition of approval is intended to be supplemental to the existing
Paragraph 6 and all terms and conditions contained therein.
4. Allocation of Acquisition Costs The Second Amendment to the Interlocal
Agreement Paragraph 3 is hereby amended by adding the following to the end of Paragraph 3:
(J) In addition to the foregoing, the School Board agrees to pay to Ocoee, at the
closing of the Property, the lesser of either fifty percent (50 %) of the costs actually
paid by Ocoee in connection with necessary revisions to the Army Corp of
Engineers permit obtained for the Property or SEVENTY FIVE HUNDRED AND
NO /100 DOLLARS ($7,500.00).
The above Allocation of Acquisition Costs is intended to be supplemental to all existing
cost obligations of the Parties contained in the Interlocal Agreement including, Paragraph 5 of
the Interlocal Agreement and this paragraph 3 of the Second Amendment to the Interlocal
Agreement, and all terms and conditions contained therein. The School Board has already
reimbursed or paid to Ocoee all costs enumerated in the Interlocal Agreement, as amended, with
the exception of the School Board's share of the school site survey costs and the reimbursement
set forth in paragraph 3(J) above.
2
5. Ratification; Conflicts. Except as modified by this Amendment, the parties
hereby ratify and confirm the continued validity and viability of all terms, conditions and
obligations set forth in the Declaration. In the event of any conflict or inconsistency between the
terms of the Declaration, as amended by the first and second amendment thereto, and this
Amendment, the terms of this Amendment shall be construed to control and prevail. In the event
of any conflict or inconsistency between the Land Use Plan and this Amendment, the terms of
this Amendment shall be construed to control and prevail.
6. Recordation of Amendment. The parties hereto agree that an executed
original of this Amendment shall be recorded by the City in the Public Records of Orange
County, Florida.
7. 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.
IN WITNESS WHEREOF, the City and the School Board, acting by and through their
duly authorized officers, have caused this Amendment to be executed as of the day and year first
above written.
Signed, Sealed and Delivered
in the Presence of: CITY OF OCOEE, FLORIDA
RN
S. Scott Vandergrift, Mayor
Print Name:
Print Name:
Beth Eikenberry, City Clerk
(SEAL)
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA;
APPROVED AS TO FORM AND
LEGALITY this day of
, 201
APPROVED BY THE OCOEE CITY
COMMISSION AT A MEETING
HELD ON , 201_
UNDER AGENDA ITEM NO.
0
ATTEST:
3
City Attorney
STATE OF FLORIDA
COUNTY OF ORANGE
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the
State and County aforesaid to take acknowledgements, personally appeared S. SCOTT
VANDERGRIFT and BETH EIKENBERRY, personally known to me to be the Mayor and
City Clerk, respectively, of the CITY OF OCOEE 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. They are personally known to me.
WITNESS my hand and official seal in the County and State last aforesaid this day
of .201
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:
4
Signed, Sealed and Delivered
in the Presence of:
Print Name:
Print Name:
THE SCHOOL BOARD OF ORANGE
COUNTY, FLORIDA, a body corporate existing
under the Constitution and laws of the State of
Florida
Date:
APPROVED AS TO FORM AND
LEGALITY on the day of Attest:
, 201
For the use and reliance of The School
Board of Orange County, Florida
MARCHENA AND GRAHAM, P.A.
Counsel
Marchena and Graham, P.A.
STATE OF FLORIDA )
COUNTY OF ORANGE )
William E. Sublette
Chairman
Barbara M. Jenkins, Superintendent
The foregoing instrument was acknowledge before me this day of ,
201 , by WILLIAM E. SUBLETTE, and attested to by BARBARA M. JENKINS, THE
SCHOOL BOARD OF ORANGE COUNTY, FLORIDA, a body corporate existing under the
Constitution and laws of the State of Florida, who ❑ are personally known to me, or who ❑
produced as identification.
Notary Public
My commission expires:
67
THIS INSTRUMENT PREPARED BY
AND SHOULD BE RETURNED TO:
Christopher J. Wilson. Esq.
MARCHENA AND GRAHAM. P.A.
976 Lake Baldwin Lane. Suite 101
Orlando.. FL 32814
(407) 658 -8566
For Recording Purposes Only
THIRD AMENDMENT TO
DECLARATION OF CONDITIONS OF APPROVAL
(OCOEE CROWN POINT PUD)
THIS THIRD AMENDMENT TO DECLARATION OF CONDITIONS OF
APPROVAL (this "Amendment ") is made this day of , 2014 by the CITY OF
OCOEE, a Florida municipal corporation, whose mailing address is 150 North Lakeshore Drive,
Ocoee, Florida 34761, Attention: City Manager (hereinafter referred to as the "City ") and THE
SCHOOL BOARD OF ORANGE COUNTY, FLORIDA, a body corporate existing under the
Constitution and laws of the State of Florida, whose mailing address is 445 Amelia Street,
Orlando, Florida 32801 (the "School Board ").
WITNESSETH:
WHEREAS, the City and the School Board entered into that certain Declaration of
Conditions of Approval (Ocoee Crown Point PUD) dated September 16, 2003 and recorded
September 30, 2003 in Official Records Book 7127, Page 4804„ as amended by that certain
First Amendment thereto dated September 9, 2005 and recorded in Official Records Book 8215,
Page 4805, and as further amended by the certain Second Amendment thereto dated August 17,
2004 and recorded in Official Records Book 8215, Page 4825, all of the Public Records of
Orange County, Florida (the "Declaration "); and
WHEREAS, the City and the School Board own all of the real property which is subject
to the terms of the Declaration; and
WHEREAS, as a result of unforeseen circumstances relating to the plantings required by
the St. Johns River Water Management District ( "SJRWMD ") Permit No. 4- 095 -83494 (the
"Permit "), VHB, the City's consultant, must modify the Permit to provide additional
conservation area in lieu of the planned plantings; and
WHEREAS, the Permit modification only allows impacts to Tract 12, Tract 12A, Tract
12B and Tract 12C (collectively, the "Tract 12 Property ") associated with the planned access,
however the School Board purchased the property that is now the Tract 12 Property for access
and drainage to the adjacent Tracts 13 and 41; and
4837 - 6488 - 6286.2 DRAFT 12/6/2011
WHEREAS, the parties desire to enter into this Amendment to recognize the School
Board's development rights associated with the Tract 12 Property and to provide a revised list of
Conditions of Approval relating to the development of the Ocoee Crown Point PUD; and
NOW, THEREFORE, in consideration of the premises and agreements herein
contained, the parties hereto agree as follows.
Section 1. Recitals. The above recitals are true and correct and incorporated herein by
this reference.
Section 2. Definitions. All capitalized terms used herein shall be as defined in the
Declaration unless otherwise indicated or defined in this Amendment.
Section 3. Additional Condition of Approval. The Declaration is hereby amended by
adding the following to the Conditions of Approval as an additional condition of approval:
108. Regardless of whether Tract 13 is developed as a bus depot or
townhomes, the owner of said Tract 13 shall have the right to either (1) fully
impact the Tract 12 Property for access and /or drainage purposes, or (2) place all
unimpacted areas of the Tract 12 Property into preservation in favor of the
SJRWMD, Florida Department of Environment Protection and /or the United
States Army Corp Engineers. The City and its successors in title, shall provide
any documents or approvals necessary for the School Board, or its successor in
title, to carry out the rights set forth in this condition of approval. If the Tract 12
Property is impacted, the School Board, or its successor, shall be entitled to utilize
any surplus Uniform Mitigation Assessment Method Credits ( "UMAM Credits ")
resulting from the July 2011 permit modification granted by the SJRWMD Permit
No. 4- 095- 83494 -1. The current estimate is a .96 UMAM Credit surplus. If the
School Board or successor in title chooses to place the Tract 12 Property, or some
portion thereof, in preservation, the School Board, or its successor in title, shall be
entitled to utilize any and all benefits accruing as a result of placing the Tract 12
Property or any portion thereof into preservation.
The above additional condition of approval is intended to be supplemental to the Conditions of
Approval set forth in the Land Use Plan,
Section 4. Ratification; Conflicts. Except as modified by this Amendment, the parties
hereby ratify and confirm the continued validity and viability of all terms, conditions and
obligations set forth in the Declaration. In the event of any conflict or inconsistency between the
terms of the Declaration, as amended by the first and second amendment thereto, and this
Amendment, the terms of this Amendment shall be construed to control and prevail. In the event
of any conflict or inconsistency between the Land Use Plan and this Amendment, the terms of
this Amendment shall be construed to control and prevail.
Section 5. Recordation of Amendment The parties hereto agree that an executed
original of this Amendment shall be recorded by the City in the Public Records of Orange
County, Florida.
2
4837 - 6488 - 6286.2
Section 6. 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.
IN WITNESS WHEREOF, the City and the School Board, acting by and through their
duly authorized officers, have caused this Amendment to be executed as of the day and year first
above written.
Signed, Sealed and Delivered
in the Presence of:
CITY OF OCOEE, FLORIDA
Print Name:
Print Name:
C
S. Scott Vandergrift, Mayor
ATTEST:
Beth Eikenberry, City Clerk
(SEAL)
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA;
APPROVED AS TO FORM AND
LEGALITY this day of
.2014.
APPROVED BY THE OCOEE CITY
COMMISSION AT A MEETING
HELD ON - ,2014
UNDER AGENDA ITEM NO.
C
City Attorney
3
4837- 6488 - 6286.2
STATE OF FLORIDA
COUNTY OF ORANGE
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the
State and County aforesaid to take acknowledgements, personally appeared S. SCOTT
VANDERGRIFT and BETH EIKENBERRY, personally known to me to be the Mayor and
City Clerk, respectively, of the CITY OF OCOEE 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. They are personally known to me.
WITNESS my hand and official seal in the County and State last aforesaid this day
of 2014.
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):
4
4837 - 6488 - 6286.2
Signed, Sealed and Delivered
in the Presence of:
Print Name:
Print Name:
APPROVED AS TO FORM AND
LEGALITY on the day of
, 2014
For the use and reliance of The School
Board of Orange County, Florida
MARCHENA AND GRAHAM, P.A.
Counsel
i
Marchena and Graham, P.A.
STATE OF FLORIDA )
COUNTY OF ORANGE )
Barbara M. Jenkins, Superintendent
The foregoing instrument was acknowledge before me this day of , 2014,
by WILLIAM E. SUBLETTE, and attested to by BARBARA M. JENKINS on behalf of THE
SCHOOL BOARD OF ORANGE COUNTY, FLORIDA, a body corporate existing under the
Constitution and laws of the State of Florida, who ❑ are personally known to me, or who ❑
produced as identification.
Notary Public
THE SCHOOL BOARD OF ORANGE
COUNTY, FLORIDA, a body corporate existing
under the Constitution and laws of the State of
Florida
:
William E. Sublette
Chairman
Date:
Attest:
My commission expires:
5
4837- 6488 - 6286.2