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HomeMy WebLinkAboutVI (A) Maguire Road Corporation: Appeal of Vested Rights Determination AGENDA 9-5-95 "CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" Item VI A Ocoee .. .COMMISSIO ....�-.._____ _ 411'4 ° CITY OF OCOEE RUSTYJOHNNSSON ... 11 a- 150 N.LAKESHORE DRIVE PAUL W.FOSTER / .;` O OCOEE FLORIDA 34761-2258 SCOTT A.GLASS 040 y}, (407)656-2322 JIM GLEASON CITY MANAGER OF G00O ELLIS SHAPIRO MFP-650 MEMORANDUM DATE: August 31 , 1995 TO: The Honorable Mayor and City Commissioners FROM: Russ Wagner, Director of Planningp / SUBJ: Maguire Road Corporation - Appeal of Vested Rights Certificate No. CV-95-01 As you have been previously notified by the City Attorney, Maguire Road Corporation has appealed the findings contained within Certificate of Vesting No. CV-95-01 as issued by the City on June 19, 1995 . Since the consideration of this appeal constitutes a quasi-judicial proceeding, staff will only be able to answer questions regarding this matter at the City Commission hearing itself . However, the staff has reviewed the issues raised on appeal and had an informal meeting with the applicant and its legal counsel in an effort to resolve the concerns raised by the applicant . It is the position of the staff that Certificate of Vesting No. CV-95-01 is consistent with the Ocoee Comprehensive Plan, the Land Development Code, the project approvals for the Plantation Grove PUD and that the appeal should be denied by the City Commission. In connection with your consideration of the appeal , we have included the following information in your packet as back-up material : • City Clerk Notice of Hearing letter to Scott D. Clark, Esq. , dated August 10 , 1995 • Appeal letter from Scott D. Clark for Maguire Road Corporation dated July 13 , 1995 (Vesting Certificate No. CV-95-01) • Case No. VR04-07-94 : Plantation Grove Multi-Family and Commercial Ph. II & III , Application For Vested Rights Determination of Maguire Road Corporation, with Exhibit 3, Exhibit 6, Exhibits 7 , 8, & 9, Appendix 1 and Appendix 2 • Certificate of Vesting Number CV-95-01 , Plantation Grove PUD: Parcel A, Multi-Family and Parcel F, Commercial Phases II and III , dated June 19, 1995 Additionally, the following materials are available in the Planning Department for your review prior to the City Commission meeting. This additional information will also be available at the meeting itself for reference. • Case No. VR1-7-92 : Plantation Grove East , Application For Vested Rights Determination of Maguire Road Corporation • Certificate of Vesting Number CV-92-1 , Plantation Grove PUD East , dated September 1 , 1992 Appeal of Vested Rights Certificate CV-95-01 August 31, 1995 Page 2 • Revised Certificate of Vesting Number CV-92-1R, Plantation Grove PUD East , dated April 26, 1994 • Certificate of Vesting Number CV-92-07 , Windermere Groves (Formerly: Plantation Grove West) , dated November 4, 1992 • The current Ocoee Land Development Code and former Section 13 of Chapter IV of Appendix A, entitled PUD - Planned Unit Development District . It should be noted that this is the first appeal of a Vested Rights Certificate to be considered by the City Commission. It is unknown at this time what type of proceeding the applicant intends to pursue; however, the City Attorney is providing you with a memorandum on certain procedural issues and should be consulted during the meeting to determine the appropriate legal protocol to be followed. RBW/emk cc : Scott Clark, Esq. Mary A. Doty, Esq. FOLEY & LARDNER 111 NORTH ORANGE AVENUE, SUITE 1800 ORLANDO, FLORIDA 32801 TELEPHONE (407) 423-7656 NVECN FACSIMILE (407) 648-1743 TAMPA FLORIDA MAILING ADDRESS: D TALLLAHASEES' FLORIDA POST OFFICE BOX 2193 WEST PALM BEACH, FLORIDA ORLANDO, FL 32802-2193 MEMORANDUM TO: The Honorable Mayor and City Commissioners of the City of Ocoee FROM: Paul E. Rosenthal, Esq. , City Attorney DATE : August 31, 1995 RE: Appeal by Maguire Road Corporation of Vested Rights Determination No. CV-95-01 This memorandum is to advise you on certain procedural matters related to the appeal by Maguire Road Corporation of the Vested Rights Determination No. CV-95-01 by the Director of Planning ( "the Appeal" ) . Mary Doty of my office will be representing the Director of Planning and the City Staff at the hearing. Scott Clark will be representing Maguire Road Corporation. I will be present to advise the City Commission on any procedural matters related to the Appeal . I estimate that consideration of the Appeal will take approximately one hour. Attached hereto is a copy of Section 1-5 . 1 of the Land Development Code which relates to vested rights determinations. The Director of Planning has issued Vested Rights Certificate No. CV-95-01 pursuant to these provisions . Section 1-5 . 1 (F) (2) (a) places the burden on the applicant "to affirmatively allege and establish the existence of vested rights" . Pursuant to Section 1-5 . 1 (F) (2) (d) the vested rights determination includes finding (s) of fact and conclusions of law. This section also provides that : "The Vested Rights Determination may contain reasonable conditions necessary to effect the purposes of this Land Development Code and the Comprehensive Plan. It shall state that the Vested Rights Determination is subject to expiration in accordance with this or subsequent ordinances . " The Appeal has been filed pursuant to the provisions of Section 1-5 . 1 (F) (3) of the Land Development Code. Following receipt of the Appeal, the Director of Planning and other staff members met with the Applicant and their counsel to informally The Honorable Mayor and City Commissioners of the City of Ocoee August 31, 1995 Page 2 discuss the Appeal . That meeting did not result in a resolution of the issues raised by the Applicant . Accordingly, this matter has been scheduled for consideration by the City Commission. Section 1-5 . 1 (F) (3) provides, in part, that the City Commission's review "shall be based solely upon a review of the application and the evidence in support thereof submitted to the Director" . As indicated in my previous memorandum, the entire application of Maguire Road Corporation has been available for your review in the Planning Department and will remain available throughout your consideration of the Appeal . Additionally, your agenda packet will include copies of certain information related to the Appeal, including the letter of appeal filed on behalf of the applicant . The decision of the City Commission is final, subject to judicial review. This is the first appeal to the City Commission of a Vested Rights Determination. The Land Development Code does not establish any specific procedures to be followed by the City Commission. However, general due process principles apply to this proceeding. This includes the right of the applicant and the City to call witnesses and cross examine any such witnesses . Attached hereto is a proposed Procedural Outline for the conduct of the Appeal . It is recommended that the City Commission approve the attached Procedural Outline in connection with its consideration of the Appeal . The City Commission may deny the Appeal and uphold the Director' s Vested Rights Determination or, alternatively, modify the Director' s Vested Rights Determination as requested by the applicant . The City Commission may accept all or a portion of the issues raised by the applicant on appeal . Other courses of action may be available based on the proceeding. Any decision of the City Commission must be based upon competent substantial evidence and the record of the proceeding. PER:dh Enclosure C:\W P5I\DOCS\OCOE\MEMOS\PERDDH08.30518/31/95 I DEBBIEH I PER:dh PROCEDURAL OUTLINE APPEAL BY MAGUIRE ROAD CORPORATION OF VESTED RIGHTS DETERMINATION September 5, 1995 (1) Presentation of Appeal by Applicant . The Applicant may call witnesses who would be sworn and be subject to cross- examination. (2) Response by Director of Planning to Appeal Presented by Applicant . The City staff may call witnesses who would be sworn and be subject to cross-examination. (3) Public Comment . (4) Questions by Members of the City Commission. These questions may be directed to the Applicant, attorneys, the staff and any witnesses previously called. (5) Summation by City Staff. (6) Summation by Applicant . (7) Discussion by City Commission. (8) Final Action by City Commission. C:\WP51\DOCS\OCOEJ'ERDDH3OB 18/31/951 DEBBIEH I PER:dh T "'CENTER OF GOOD LIVING— PRIDE OF WEST ORANGE" MAYOR• COMMLSSIONER I: ' Ocoee O� S.SCOTT VANDERCRIFT i dirt, lO COMMISSIONERS • - CITY OF OCOEE RUSTY JOHNSON C. PAUL W.FOSTER �, 150 N. LAKESHORE DRIVE SCOTT A.CLASS 7#4 `y►V OCOEE.FLORIDA 34:61-2258 IIA4 GLEASON s . , of GOOa � :._:_: ,s, NI a=i I.ANA. f °f~~ -� ;HAPIRO August 10, 1995 ;I t' •. -, , 9 3 • f : Scott D. Clark, Esq. CITY:OF OCOEE. Graham, Clark, Jones, Pratt & Marks 369 North New York Avenue Winter Park, Florida 32790 Re: Appeal of City of Ocoee Certificate of Vesting Number CV-95-01 Dear Mr. Clark: I am in receipt of your letter of July 13, 1995 filed as agent and attorney for Maguire Road Corporation. Your letter provides a notice of appeal to the Ocoee City Commission of the Planning Director's Vested Rights Determination with respect to Certificate of Vesting Number CV-95-01. Please be advised that your appeal has been scheduled for consideration by the Ocoee City Commission at its meeting to be held on Tuesday, September 5, 1995 at 7:30 p.m. or as soon thereafter as practical. The meeting will be held in the Commission Chambers at Ocoee City Hall, 150 North Lakeshore Drive, Ocoee, FL. Please be advised that, in accordance with Section 286.0105, Florida Statutes, any person who desires to appeal any decision at this meeting will need a record of the proceedings and for this purpose may need to insure that a verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal is based. Also, in accordance with Section 286.26, Florida Statutes, persons with disabilities needing assistance to participate in any of these proceedings should contact the office of the City Clerk, 150 North Lakeshore Drive, Ocoee, Florida 34761, (407) 656-2322, Ext. 146, 48 hours in advance of the meeting. Sincerely can Grafton City Clerk JG/dp cc: Ellis Shapiro, City Manager Paul E. Rosenthal, Esq., City Attorney Vussell B. Wagner, Director of Planning C:1wp6ohwpdocs\perdcbo8.o9A GRAHAM, CLARK, JONES, PRATT & MARKS Arrourzys LAM 300 Nom Nzw Yon AVEN4E m Noirz ORANGE Avast=s Post Orrics Dawwz: asso • Suns sows WINTER P.ax. FLostn. 32700 OaL.NDo. FLORIDA. 32S01 '• TE=moxz (407) 647-44$5 ?ESZ!$oNY (4o7) 840-3740 Izz.zc rx pit (4o7) 740-7043 IzzscaPsss: (40+) 4ao-osos NA= w Caaun s • Scow D. Cz.sz Jzssi L GaAstaac Ps a�sE Rin.. To: Jss=s E. Oaaa+x. Js Lm. L J.coss Winter Park frazzles= W Jests • Kovac S. lass Jam E. r:.:: August 15, 1995 c.o.r&r, D. wt rzszs ED Paul E. Rosenthal, Esq. Foley & Lardner • P.O. Box 2193 AUG 16 1995 Orlando, Florida 32802-2193 FQLEY & LARDNER Re: Certificate of Vesting CV-95-01 Dear Paul: I have reviewed your recent correspondence to the City Council which contained discussions about ex parte communications. It is our belief that Chapter 95-352,Laws of Florida, creates a right of access which is applicable to this matter. Please be advised that the Applicant will be attempting to exercise this right in one or more instances. Separately, for the purpose of detcimining the contents of the record for our proceeding, I would appreciate it if you could identify all documents relied upon by the Qty in issuing the vested rights determination which were not included in the submittal made by Applicant Also, it would helpful for you and I to agree specifically in advance of the hearing as to the specific items constituting the record. Please contact me when you are able to respond to the issues raised in this letter. Sincerely yours, J Scott D. Clark SDC/glh cc: Maguire Road Corporation cooiconz N31Q3 r7. :4T S6-1.T/PO i ,/ AJ. v +iv(' iV J `.i GRAHAM, CLARK, JONES, PRATT & MARKS AITORNHYS AT LAW 369 NORTH NEW YORK AvENTIE 111 NORTH ORANGE AVENUE PosT OrrlcE DRAWER 1690 SIIITE 1073 WINTER PARK, FLORIDA 32790 ORLANDO, FLORIDA 32801 TELEPHONE (407) 647-4433 TELEPHONE (407) 646-6740 TELECOPIER (407) 740-7063 TELECOPIER (407) 426-0632 MARY W. CRRISTI6N Scorr D. CLARE JEssE E. Ga.ir.v - *: PLEASE REPLY To: JESSE E. Glum-N. JR. • LURA L Jecoas C SIF Winter Park FREDERICK W. JONES /,• IlowAa M•Exs 11 JAMES S. am' GEOFFREY # JUL 1 4 i5�5 R Pam' GEOFFREY D. WITHERS July 13, 1995 CITY OF OCOEE. HAND DELIVERY City of Ocoee do Jean Grafton, City Clerk 150 N. Lakeshore Drive Ocoee, Florida 34761-2258 Re: Vesting Certificate No. CV-95-01 Dear Sirs: This letter will constitute notice to you that Maguire Road Corporation appeals certain determinations made by the City of Ocoee in Certificate of Vesting No. CV-95-01, which was rendered on June 19, 1995. This notice is being supplied pursuant to Section 1-5.1(F)(3) of the Ocoee Land Development Code and is intended to constitute compliance with that provision. Section 1-5.1(F)(3) does not require the notice of appeal to contain any particular ground for the appeal. However, without in any way limiting the Applicant's rights to set forth any legitimate grounds for appeal, the following portions of the Certificate of Vesting are specifically being contested: 1. Conclusion of Law No. 11. To the extent that Conclusions of Law no. 11 seeks to give the City the right to object to development of the Project based on concurrency issues related to solid waste, the Applicant believes that the property is exempt from such a concurrency determination and the City is not entitled to deny vested rights based on such a factor. July 13, 1995 Page 2 2. Conclusion of Law No. 14(A). (a) As to No. 14(A)(i), the Applicant believes that it should be vested for 480 multi-family residential dwelling units regardless of any limitation on average daily trips generated by the units. (b) As to sanitary sewer, potable water, solid waste, stormwater drainage, and recreation and open space the Project should be vested from any concurrency compliance on these issues. 3. Conclusion of Law No. 14(B). As to all of the infrastructure issues shown in 14(B), the Applicant believes that it should be vested for concurrency purposes and consistency purposes to the full extent of the commercial square footage calculations contained in the Revised Land Use Plan and the original Land Use Plan without regard to any public facilities issues. Specifically, the Applicant finds that both the initial Land Use Plan and Revised Land Use Plan give rise to vested rights for commercial development of 217,800 square feet. Phase I of the commercial property was vested for 110,111 square feet pursuant to Certificate of Vesting CV- 92-01, and thus there remain 117,589 square feet of commercial vested rights which would be applicable to Phases II and III. The Applicant further believes that the vested rights would be applicable to any type of commercial development which is permitted in the commercial zoning category without regard to any limitation on average daily trips. 4. Common Law Vesting. The Applicant objects to the City's failure to make findings as to vested rights pursuant to Section 1-5.1(C)(1)(b) of the Ocoee Land Development Code and asserts that the project is fully vested pursuant to that. 5. Divestiture Provisions. The Applicant contests the assertion that the Project can be divested based upon a "failure to continue development in good faith as required below," set forth in Section VIII of the Certificate. The Applicant also specifically disclaims any limitation on its rights to amend the 1992 Commercial Preliminary Subdivision Plan, so long as any amendments do not seek to obtain commercial development permits more intense that those which would have been permitted under the Revised Land Use Plan. 6. Untimely Response. Finally, the Applicant contests the right of the City to place any limitations on the vested rights request submitted by the Applicant to the extent that those limitations were not set forth by the Director within the time period contained in Section 1- 5.1(F)(2)(b) of the Land Development Code. // July 13, 1995 Page 3 Obviously, the Applicant would be happy to sit down with the appropriate City officials to discuss and attempt agreement on any of the points raised herein. Otherwise, the Applicant requests that the City Commission accept and act upon this notice of appeal. jj Sincerely yours, )4,atddi Scott D. Clark, As Agent and Attorney for Maguire Road Corporation SDC/glh cc: Dr. Robert L. Ferdinand Dr. James V. Ferdinand Ellis Shapiro, City Manager Montye Beamer, Administrative Services Director Russ Wagner, Director of Planning Janet Resnik, Capital Projects/Concurrency Analyst Paul Rosenthal, City Attorney CASE NO. \// 04/-0r7-q4 FLAT FEE /Gt, ,p o THIS SPACE FOR REVIEW DEPOSIT /1//4 CITY USE1l!ONLY�/� / DATE PAID 7-a/-9'/ Lpepzire� 1-Q6-0i/ ?la n7aTr Dv�.( 7rOy Yd�l a i - (�amll�/ (Inc( ,E NO. 1a?� Pha6e5 4hd CITY OF OCOEE APPLICATION FOR VESTED RIGHTS DETERMINATION (PLEASE TYPE OR PRINT ALL INFORMATION) $100.00 1 . APPLICANT'S NAME: Maguire Road Corporation APPLICANT'S MAILING ADDRESS: c/o Scott D. Clark P.O. Drawer 1690 Winter Park, Florida 32790 TELEPHONE NUMBER: (407) 647-4455 IF THE APPLICANT IS NOT THE OWNER OF THE REAL PROPERTY WITH RESPECT TO WHICH THIS APPLICATION IS SUBMITTED, THEN THE APPLICANT MUST ATTACH HERETO AN AUTHORIZATION FROM THE OWNER TO SUBMIT THIS APPLICATION TO THE CITY. SUCH AUTHORIZATION SHALL BE EVIDENCED BY A POSER OF ATTORNEY SIGNED BY THE OWNER AND NOTARIZED SPECIFICALLY AUTHORIZING THE APPLICANT TO REPRESENTTHE OWNER IN CONNECTION WITH THE APPLICATION AND AS TO THE OWNER'S REAL PROPERTY WHICH IS THE SUBJECT OF THE APPLICATION. THE AUTHORIZATION MUST ALSO INCLUDE AN AGREEMENT OF THE OWNER TO BE BOUND BY THE ACTIONS OF THE APPLICANT. THE APPLICANT X IS IS NOT THE OWNER OF RECORD OF THE REAL PROPERTY WHICH IS THE SUBJECT OF THIS APPLICATION. 2. OWNER OF RECORD: Maguire Road Corporation OWNER'S MAILING ADDRESS: same as above (If more than one, please attach additional sheets) 3. PROVIDE THREE (3) COPIES OF THE LEGAL DESCRIPTION OF THE PROPERTY ALONG WITH LOCATION MAP AND/OR SKETCH OF DESCRIPTION FOR THE SUBJECT PARCEL. SPECIFY BELOW: SECTION-TOWNSHIP-RANGE-SUBDIVISION-LOT-AND BLOCK, AS APPLICABLE. Contained in Exhibit "3" which is attached and incorporated herein by reference. The NW 1/4 of Section 32, Township 22 South, Range 28 East, Orange County, Florida. 4. IN ACCORDANCE WITH SECTION 1-5.1 OF THE CITY OF OCOEE LAND DEVELOPMENT CODE, VESTED RIGHTS FOR THE REAL PROPERTY REFERENCED IN ITEM 3 IS ASSERTED BASED UPON THE FOLLOWING CRITERIA. (CHECK ALL THAT APPLY): FORM-22 1 . .r • JUL 2 i 1994 CITI_OF_ OCOEE. Application for Vested Rights Determination A. X THE PROJECT OR DEVELOPMENT HAS BEEN ISSUED A FINAL DEVELOPMENT ORDER AND THE DEVELOPER HAS COMMENCED DEVELOPMENT AND IS CONTINUING DEVELOPMENT IN GOOD FAITH ON SEPTEMBER 18, 1991 AND ON THE DATE OF SUBMITTAL OF THIS APPLICATION. B. X THE OWNER, OR ITS PREDECESSORS IN INTEREST (i) HAVE RELIED IN GOOD FAITH AND IN REASONABLE RELIANCE UPON SOME CLEAR AND UNEQUIVOCAL ACT OR PROMISE OF THE CITY AND (ii) HAVE MADE A SUBSTANTIAL CHANGE IN POSITION AND INCURRED SUCH EXTENSIVE OBLIGATIONS THAT IT WOULD BE HIGHLY INEQUITABLE OR UNJUST TO DESTROY THE RIGHTS WHICH SUCH PERSON HAS ACQUIRED. C. X THE CITY HAS ENTERED INTO A DEVELOPMENT AGREEMENT PRIOR TO SEPTEMBER 18, 1991 WHICH EXPRESSLY GRANTS VESTED RIGHTS TO ALL OR A PORTION OF THE REAL PROPERTY DESCRIBED IN ITEM NO. 3 HEREOF. 5. BASED UPON SECTION 1-5.1 OF THE CITY OF OCOEE LAND DEVELOPMENT CODE, THE TYPE OF VESTED RIGHTS BEING ASSERTED ARE: (CHECK ALL THAT APPLY) A. X CONSISTENCY WITH OCOEE COMPREHENSIVE PLAN AND LAND DEVELOPMENT CODE. B. X CONCURRENCY REQUIREMENTS. C. X OTHER: Development rights arising under the Planned Unit Development Approval, Land Use Plan and Revised Land Use Plan for Plantation Grove 6. THE APPLICANT BELIEVES THAT THE PROJECT OR DEVELOPMENT IS VESTED WITH RESPECT TO THE FOLLOWING: See Exhibit "6" which is attached and incorporated herein by reference 7. IF THE CLAIM FOR VESTED RIGHTS IS BEING ASSERTED PURSUANT TO SECTION 1- 5.1(C)(1)(A) OF THE CITY OF OCOEE LAND DEVELOPMENT CODE: A. IDENTIFICATION BY SPECIFIC REFERENCE TO ANY ORDINANCE, RESOLUTION, CITY COMMISSION ACTION,APPROVED FINAL SUBDIVISION PLAN, BUILDING PERMIT OR OTHER ACTION DEMONSTRATING THAT THE PROJECT WAS ISSUED A FINAL DEVELOPMENT ORDER PRIOR TO SEPTEMBER 18, 1991; AND See Exhibit "7" which is attached and incorporated herein by reference B. A SWORN STATEMENT OF FACTS DEMONSTRATING THAT DEVELOPMENT OF THE PROJECT HAS CONTINUED IN GOOD FAITH. See Exhibit "7" which is attached and incorporated herein by reference FORM-22 2 Application for Vested Rights Determination 8. IF THE CLAIM FOR VESTED RIGHTS IS BEING ASSERTED PURSUANT TO SECTION 1- 5.1 (C)(1)(B) HEREOF: A. A SWORN STATEMENT SETTING FORTH THE FACTS UPON WHICH THE CLAIM FOR VESTED RIGHTS IS BASED. See Exhibit "8" which is attached and incorporated herein by reference B. COPIES OF ALL CONTRACTS, LETTERS, APPRAISALS, REPORTS OR ANY OTHER DOCUMENTS, ITEMS OR THINGS UPON WHICH THE APPLICANT'S CLAIM IS BASED. See Exhibit Appendix 1 and Appendix 2 which are attached and incorporated herein by reference 9. IF CLAIM FOR VESTED RIGHTS IS BEING ASSERTED PURSUANT TO SECTION 1-5.1(C)(1)(C) HEREOF: A. A SWORN STATEMENT SETTING FORTH THE FACTS UPON WHICH THE CLAIM FOR VESTED RIGHTS IS BASED. See Exhibit "9" which is attached and incorporated herein by reference B. A COPY OF THE DEVELOPER AGREEMENT OR OTHER DOCUMENT SUPPORTING THE CLAIM FOR VESTED RIGHTS. See Appendix 1 which is attached and incorporated herein by reference 10. A SWORN STATEMENT SETTING FORTH THE SPECIFIC VESTED RIGHTS CLAIMED BY THE APPLICANT AND WHETHER VESTED RIGHTS ARE CLAIMED FOR PURPOSES OF CONSISTENCY OR CONCURRENCY, OR BOTH. See Exhibits "7," "8" and "9" which are attached and incorporated herein by reference 11. SUCH OTHER RELEVANT INFORMATION AS THE DIRECTOR MAY REQUEST. None requested 12. APPLICANT WILL PROVIDE A COMPLETE LISTING OF ALL DOCUMENTS SUBMITTED WITH THE APPLICATION AND THAT ALL SUCH DOCUMENTS ARE INCORPORATED INTO AND MADE A PART OF THE APPLICATION. See Appendix 1 and Appendix 2 which are attached and incorporated herein by reference 13. APPLICANT MUST PROVIDE A COMPLETE LISTING AND COPY OF ALL DEVELOPER AGREEMENTS ENTERED INTO WITH THE CITY OF OCOEE. THIS INFORMATION MUST BE PROVIDED WITHOUT REGARD TO WHETHER THE APPLICANT IS SEEKING VESTED RIGHTS BASED UPON ANY SUCH DEVELOPER AGREEMENTS. See Appendix 1 and Appendix 2 which are attached and incorporated herein by reference 14. THIS APPLICATION MUST BE SUBMITTED IN DUPLICATE. FORM-22 3 Application for Vested Rights Determination MAGUIRE ROAD CORPORATIIgN a Florida corporation frf j ( I �1� j By: Rc be*L. Ferdinand, President The foregoing instrument was acknowledged before me thisZ•1/64-day of July , 19 94 , by Robert L. Ferdinand the President of MAGUIRE ROAD CORPORATION , a Florida corporation , on behalf of said corporation . Such person did not take an oath and: (notary must check applicable box) ✓ is/are personally known to me. ❑ produced a current Florida driver's license as identification. ❑ produced as identification. {Notary Seal must be affixed} Signature of Notary ne: Name of Notary (typed, Printed or Stamped) Commission Number (if not legible on seal): My Commission Expires (if not legible on seal): ROBIN C.TURNER f State of Florida My CCanmm Exp.�1il 24 1995 FORM-22 4 EXHIBIT "3" PLANTATION GROVE EAST A PORTION OF THE NORTHWEST 1/4 OF SECTION 32, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF SAID SECTION 32; THENCE SOUTH 89059'26" EAST ALONG THE NORTH LINE OF NORTHWEST 1/4 OF SAID SECTION 32 FOR 40.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 89059'26" EAST ALONG SAID NORTH LINE FOR 2,602.59 FEET TO THE EAST LINE OF THE NORTHWEST 1/4 OF SAID SECTION 32; THENCE SOUTH 00021'52" EAST ALONG SAID EAST LINE FOR 1,761.38 FEET; THENCE SOUTH 89049'54" WEST FOR 305.73 FEET; THENCE SOUTH 00033'04" EAST FOR 914.84 FEET; THENCE RUN SOUTH 89054'50" WEST, 2300.04 FEET; THENCE NORTH 00021'35" WEST, 2690.98 FEET TO THE POINT OF BEGINNING. LESS AND EXCEPT: A PORTION OF THE NORTHWEST 1/4 OF SECTION 32, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF SAID SECTION 32; THENCE SOUTH 89059'26" EAST ALONG THE NORTH LINE OF THE NORTHWEST 1/4 OF SAID SECTION 32 A DISTANCE OF 40.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 89059'26" EAST ALONG SAID NORTH LINE FOR 2602.59 FEET TO THE EAST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 32; THENCE SOUTH 00021'52" EAST ALONG SAID EAST LINE FOR 1761.38 FEET; THENCE SOUTH 89049'54" WEST, FOR 305.73 FEET; THENCE SOUTH 00033'04" EAST, FOR 914.84 FEET TO THE SOUTH LINE OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 32; THENCE SOUTH 89054'50" WEST ALONG SAID SOUTH LINE FOR 1018.64 FEET; THENCE NORTH 00021'44" WEST, FOR 40.00 FEET; THENCE NORTH 03000'08" WEST, FOR 360.57 FEET; THENCE NORTH 08026'23" WEST, FOR 317.89 FEET; THENCE NORTH 22022'34" EAST, FOR 467.97 FEET; THENCE NORTH 70042'11" EAST, FOR 115.17 FEET; THENCE NORTH 01003'18" WEST, FOR 207.54 FEET; THENCE NORTH 13010'53" WEST, FOR 233.68 FEET; THENCE NORTH 02059'26" WEST, FOR 70.00 FEET; THENCE NORTH 06000'34" EAST, FOR 235.00 FEET; THENCE NORTH 03059'26" WEST, FOR 85.00 FEET; THENCE NORTH 89059'26" WEST, FOR 1473.00 FEET; THENCE NORTH 00021'35" WEST, FOR 670.02 FEET TO THE POINT OF BEGINNING, LESS THE WEST 10 FEET AND THE SOUTH 40 FEET THEREOF FOR ROAD RIGHT-OF-WAY. AND LESS AND EXCEPT: SHOPPING CENTER CORE A PORTION OF THE NORTHWEST 1/4 OF SECTION 32, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF SECTION 32, TOWNSHIP 22 SOUTH, RANGE 28 EAST; THENCE RUN SOUTH 89059'26" EAST, ALONG THE NORTH LINE OF THE NORTHWEST 1/4 OF SAID SECTION 32, A DISTANCE OF 40.00 FEET, TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF MAGUIRE ROAD; THENCE RUN SOUTH 00021'35"EAST, ALONG SAID EASTERLY RIGHT-OF-WAY LINE,A DISTANCE OF 1118.56 FEET; THENCE LEAVING SAID EASTERLY RIGHT-OF-WAY LINE, RUN NORTH 89053'36" EAST, 20.00 FEET; THENCE RUN SOUTH 00021'35" EAST, 209.94 FEET, TO THE POINT OF BEGINNING; THENCE RUN NORTH 89054'50" EAST, 400.00 FEET; THENCE RUN NORTH 00021'35" WEST, 45.44 FEET; THENCE RUN NORTH 89038'25" EAST, 127.19 FEET; THENCE RUN SOUTH 46056'06" EAST, 104.14 FEET; THENCE RUN SOUTH 32010'01" EAST, 132.16 FEET; THENCE RUN SOUTH 89010'06" EAST, 60.92 FEET; THENCE RUN SOUTH 15040'52" EAST, 303.09 FEET; THENCE RUN SOUTH 00013'34" EAST, 156.03 FEET; THENCE RUN SOUTH 14028'31" WEST, 96.05 FEET; THENCE RUN SOUTH 58039'08" WEST, 23.46 FEET; THENCE RUN SOUTH 89038'25" EAST, 21.00 FEET; THENCE RUN SOUTH 00021'35" EAST, 1.00 FEET; THENCE RUN SOUTH 89038'25" WEST, 234.86 FEET; THENCE NORTH 00021'35" WEST, 1.00 FEET; THENCE RUN SOUTH 89038'25" WEST, 342.54 FEET; THENCE RUN SOUTH 00021'35" EAST, 5.89 FEET; THENCE RUN SOUTH 89054'50" WEST, 170.00 FEET; THENCE RUN NORTH 00021'35" WEST 60.00 FEET; THENCE RUN NORTH 89054'50" EAST 209.65 FEET; THENCE RUN NORTH 00021'35" WEST, 217.00 FEET; THENCE RUN SOUTH 89054'50" WEST, 209.65 FEET; THENCE RUN NORTH 00021'35" WEST, 152.98 FEET; THENCE RUN NORTH 89054'50" EAST, 212.50 FEET; THENCE RUN NORTH 00021'35" WEST, 200.00 FEET; THENCE RUN SOUTH 89054'50" WEST, 212.50 FEET; THENCE RUN NORTH 00021'35" WEST, 70.00 FEET, TO THE POINT OF BEGINNING. OUTPARCEL "B" A PORTION OF THE NORTHWEST 1/4 OF SECTION 32, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF SECTION 32, TOWNSHIP 22 SOUTH, RANGE 28 EAST; THENCE RUN SOUTH 89059'26" EAST, ALONG THE NORTH LINE OF THE NORTHWEST 1/4 OF SAID SECTION 32, A DISTANCE OF 40.00 FEET, TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF MAGUIRE ROAD; THENCE RUN SOUTH 00021'35" EAST, ALONG SAID EASTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 1118.56 FEET; THENCE LEAVING SAID EASTERLY RIGHT-OF-WAY LINE, RUN NORTH 89053'36" EAST, 20.00 FEET TO THE POINT OF BEGINNING; THENCE RUN NORTH 89°53'36" EAST, 200.00 FEET; THENCE RUN SOUTH 00°21'35" EAST, 210.01 FEET; THENCE RUN SOUTH 89°54'50" WEST, 200.00 FEET; THENCE RUN NORTH 00021'35" WEST, 209.94 FEET, TO THE POINT OF BEGINNING. OUTPARCEL "C" A PORTION OF THE NORTHWEST 1/4 OF SECTION 32, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF SECTION 32, TOWNSHIP 22 SOUTH, RANGE 28 EAST; THENCE RUN SOUTH 89°59'26" EAST, ALONG THE NORTH LINE OF THE NORTHWEST 1/4 OF SAID SECTION 32, A DISTANCE OF 40.00 FEET, TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF MAGUIRE ROAD; THENCE RUN SOUTH 00021'35"EAST, ALONG SAID EASTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 1118.56 FEET; THENCE LEAVING SAID EASTERLY RIGHT-OF-WAY LINE, RUN NORTH 89°53'36" EAST, 20.00 FEET; THENCE RUN SOUTH 00°21'35" EAST, 279.94 FEET, TO THE POINT OF BEGINNING; THENCE RUN NORTH 89°54'50" EAST, 212.50 FEET; THENCE RUN SOUTH 00021'35" EAST, 200.00 FEET; THENCE RUN SOUTH 89°54'50" WEST, 212.50 FEET; THENCE RUN NORTH 00021'35" WEST, 200.00 FEET, TO THE POINT OF BEGINNING. OUTPARCEL "D" A PORTION OF THE NORTHWEST 1/4 OF SECTION 32, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF SECTION 32, TOWNSHIP 22 SOUTH, RANGE 28 EAST; THENCE RUN SOUTH 89°59'26" EAST, ALONG THE NORTH LINE OF THE NORTHWEST 1/4 OF SAID SECTION 32, A DISTANCE OF 40.00 FEET, TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF MAGUIRE ROAD; THENCE RUN SOUTH 00021'35"EAST, ALONG SAID EASTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 1118.56 FEET; THENCE LEAVING SAID EASTERLY RIGHT-OF-WAY LINE, RUN NORTH 89°53'36" EAST, 20.00 FEET; THENCE RUN SOUTH 00°21'35" EAST, 632.92 FEET, TO THE POINT OF BEGINNING; THENCE RUN NORTH 89°54'50" EAST, 209.65 FEET; THENCE RUN SOUTH 00021'35" EAST, 217.00 FEET; THENCE RUN SOUTH 89°54'50" WEST, 209.65 FEET; THENCE RUN NORTH 00°21'35" WEST, 217.00 FEET, TO THE POINT OF BEGINNING. OUTPARCEL "E" A PORTION OF THE NORTHWEST 1/4 OF SECTION 32, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF SECTION 32, TOWNSHIP 22 SOUTH, RANGE 28 EAST; THENCE RUN SOUTH 89°59'26" EAST, ALONG THE NORTH LINE OF THE NORTHWEST 1/4 OF SAID SECTION 32, A DISTANCE OF 40.00 FEET, TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF MAGUIRE ROAD; THENCE RUN SOUTH 00021'35"EAST, ALONG SAID EASTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 1118.56 FEET; THENCE LEAVING SAID EASTERLY RIGHT-OF-WAY LINE, RUN NORTH 89°53'36" EAST, 20.00 FEET; THENCE RUN SOUTH 00°21'35" EAST, 909.92 FEET, TO THE POINT OF BEGINNING; THENCE RUN NORTH 89054'50" EAST, 170.00 FEET; THENCE RUN SOUTH 00°21'35" EAST, 215.00 FEET; THENCE RUN SOUTH 89054'50" WEST, 170.00 FEET; THENCE RUN NORTH 00°21'35" WEST, 215.00 FEET, TO THE POINT OF BEGINNING. EXHIBIT "6" The property is vested for purposes of consistency and for purposes of concurrency to the full extent of the uses and intensities of development which were permitted by virtue of adoption of the PUD approval and the Plantation Grove Land Use Plan, as previously amended. The extent and intensities of said development are represented in part by the terms of Development Agreement Contract No. 88-09 dated November 22, 1988, together with the Land Use Plan made an exhibit thereto, along with the Amendment to Development Agreement No. 88-09 dated February 5, 1991, the Second Developer Agreement dated May 5, 1992, and City of Ocoee Ordinance No. 92-08, along with the revised Land Use Plan contained therein. 1 EXHIBITS "7," "8" AND "9" These Exhibits "7", "8" and "9" are intended to be responsive to questions 7, 8 and 9 on the Application for Vested Rights Determination. Because many facts pertaining to the Plantation Grove Development are common to the vesting claims under paragraphs 7, 8 and 9 of the application, this combined exhibit shall consist of a preliminary factual statement with separate facts and arguments applicable to sections 7, 8 and 9. FACTS COMMON TO ALL CLAIMS 1. Maguire Road Corporation (the Applicant) is the owner of all of the lands described in this Application for Certificate of Vesting. 2. All of the lands which are subject of the application are within the boundaries of the Plantation Grove Planned Unit Development. For definitional purposes, the following shall apply: (a) The lands which are the subject of the application (as described in Exhibit "3" to the application) shall be referred to as the "Property." (b) Maguire Road Corporation shall be referred to as the "Applicant." (c) The Plantation Grove PUD shall be referred to as the "Project." 3. Prior to November 1988, the Applicant, together with Robert L. Ferdinand, as Trustee (hereinafter, "Ferdinand"), had meetings with the City of Ocoee to discuss their plans to acquire title to approximately 196 acres of land south of the City. These lands would later come to constitute the Project. 4. During these discussions, the Applicant and Ferdinand expressed the desire to acquire the lands constituting the Project, to have them annexed into the City of Ocoee, and to obtain approval of the Project as a mixed used planned unit development within the City. 5. During the course of these conversations, City officials encouraged the Applicant and Ferdinand to pursue the Project. At the same time the City officials informed the Applicant and Ferdinand that certain advance commitments relating to the providing of infrastructure for the Project would need to be committed to or completed by Ferdinand and the Applicant. Included in these discussions was the fact that the Applicant would be required to make substantial up-front commitments and expenditures to permit the City to expand water and sewer utility service to the Project. 2 6. Ferdinand and the Applicant expressed to the City their willingness to make these commitments if in fact they obtained approvals for the Project. 7. During and after these conversations, the Applicant and Ferdinand proceeded to acquire or contract for the lands constituting the Project. The Applicant and Ferdinand expended substantial sums of money and incurred substantial obligations in furtherance of their plan to acquire the Project. 8. On or about November 21, 1988, the City approved the land use plan for the Project. 9. On or about November 22, 1988, the City, the Applicant and Ferdinand entered into Development Agreement Contract No. 88-09. 10. On or about November 9, 1988, the Applicant made application for sewer service with the City of Ocoee. 11. On or about November 9, 1988, the Applicant made application for water service with the City of Ocoee. 12. On or about November 18, 1988, the Applicant and the City entered into that certain Developers Agreement for Sewer Service regarding the reservation of 550 sewer taps for Plantation Grove. 13. On or about November 18, 1988, the Applicant entered into that certain Developers Agreement for Water services with the City of Ocoee regarding the reservation of 550 water taps for Plantation Grove. 14. The Water and Sewer Developers Agreements were amended on January 23, 1989. 15. The Applicant or its successors in interest have expended substantial sums of money pursuant to the water and sewer service agreements, to-wit: Ferdinand $130,000.00 MRC 168,346.64 Phoenix 400,000.00 (e) M/I 500,000.00 (e) Pizzuti 400,000.00 (e) 16. Some time prior to June 30, 1989, the City of Ocoee required a traffic study for the Maguire Road corridor as a condition of Applicant's rights to develop the Project. 3 17. On or about June 30, 1989, Applicant entered into the Maguire Road Traffic Study Agreement and subsequent to the agreement expended significant funds on account of said agreement. 18. A "Maguire Road Corridor Study" was subsequent prepared by Professional Engineering Consultants, Inc. and adopted by the City Commission on December 19, 1989. 19. As a condition of Applicant's rights to develop the Project, the City of Ocoee required preparation of a basin study for the drainage basin area which includes the Project. 20. The drainage study was prepared by Bowyer-Singleton & Associates in October of 1989. 21. As a condition of developing the Project, the City required Applicant to bear a pro rata share of the cost, both for preparation of the drainage study and for implementation of the recommendations contained in the study. Applicant in fact expended substantial sums of money paying for its pro rata share of the study. 22. Based on the study, Applicant became a party to that certain Storm Drainage Agreement between Applicant, Ocoee Partners, Ltd., Heller Brothers Groves, Park Square Maguire Ltd. and the City of Ocoee dated November 10, 1989 and amended November 15, 1989. Applicant and its successors have expended and will continue to expend substantial sums of money in order to implement the terms of the Storm Drainage Agreement. 23. Pursuant to the requirements of Development Agreement No. D88-09, the Applicant and Ferdinand or their successors in interest, after execution thereof: (a) submitted a tree survey pursuant to Section 2.1 of the Development Agreement; (b) engaged consultants and met with appropriate regulatory agencies to determine, establish and engineer for wetlands jurisdictional lines as referenced in Paragraph 2.2 of the Agreement; (c) provided certain road improvements pursuant to Section 2.3 of the Agreement; (d) provided certain water and sewer improvements pursuant to Section 2.4 of the Agreement; (e) expended monies for water and sewer service capacity pursuant to Sections 2.5 and 2.6 of the Agreement; 4 (f) formed private maintenance entities pursuant to Section 2.7 of the Agreement; (g) installed road improvements and paid certain road impact fees pursuant to Section 2.8 of the Agreement; (h) provided water and sewer utility easement pursuant to Section 2.9 of the Agreement; (i) provided sidewalks pursuant to Section 2.10 of the Agreement; (j) provided fire hydrants pursuant to Section 2.12 of the Agreement; (k) paid substantial development review fees pursuant to Section 2.18 of the Agreement; (1) donated to the City a .96-acre fire station site having an agreed-upon value of $200,000.00; (m) submitted traffic studies pursuant to Section 2.20 of the Agreement; (n) created park sites pursuant to Section 2.21 of the Agreement. 24. As a condition of the Land Use Plans for the Project as revised, the Applicant was required to realign or provide for the realignment of Moore Road to the south of the Property so that it would align with Robison Road. 25. In order to accomplish the realignment of Moore Road, Applicant was forced to obtain title to approximately five acres immediately south of the existing Moore Road at its intersection with Maguire Road and has expended substantial sums of money to complete such acquisition. The obtaining of this acreage also substantially delayed the Project and resulted in an enormous increase in carrying costs for the Project. 26. In addition, Applicant has made contractual commitments and/or granted concessions to its successor in interest, Cross Creek Development Company, to accomplish the physical realignment of Moore Road. 27. On October 17, 1989 the City approved final engineering plans for Windermere Groves, which consisted of portions of the Project. 28. On November 4, 1992 the City issued its Certificate of Vested Rights No. CV-92- 07 which determined that the final engineering plans for Windermere Groves constituted a final development order within the meaning of the City Code. Certificate No. CV-92-07 also found that development of Windermere Groves had been commenced before September 18, 1991 and 5 had been continued in good faith from that time to and including November 4, 1992. The certificate expressly recognized that Windermere Groves was a part of the Plantation Grove Planned Unit Development. 29. On February 6, 1990 the Applicant received Final Master Plan/Preliminary Subdivision Plan Approval for 322 single-family lots and 218,700 square feet of commercial retail space within the Project. 30. On March 20, 1990, Applicant received approval from the City of the construction plans for Plantation Grove PUD. Said plans constituted final engineering approval and authorized the development of 322 single-family residential lots. 31. On July 21, 1992, Applicant received approval from the City of the Final Development/Preliminary Subdivision Plan for the Plantation Grove Commercial Shopping Center, said plan known as "Development Plan for Commercial Parcel F, Plantation Grove PUD" as prepared by CCL Consultants. 32. On August 18, 1992, Applicant received approval from the City of the Final Development/Final Engineering Plan for Plantation Grove Shopping Center Parcel F Phase I. 33. On or about January, 1994, the City approved final engineering plans for the Cross Creek Development. Construction has commenced and is continuing as to said development as of the date of this application. 34. On or about June 1994, the City received an application for plat approval for Plantation Grove Shopping Center Phase I Parcel F filed by Opus South Corporation. 35. During early 1990, the City approved preliminary site plans for the development of the multi-family property included within the Project. 36. On February 6, 1990, the City approved preliminary site plans for Plantation Grove Shopping Center Phases II and III, which constitute a portion of the commercial property included in the Project. 37. During early 1994, the City was offered and accepted fees in the amount of approximately $400,000.00 representing prepaid water and sewer fees for the remainder of the 158 single-family residential lots included within the Project. 38. On or about December 29, 1993, Applicant tendered to and the City accepted dedications of additional right-of-way for Maguire Road and Moore Road. 6 EXHIBIT "7" STATUTORY VESTED RIGHTS (1-5.1IC1(11(al) 39. Applicant incorporates paragraphs 1 through 38 above into this Exhibit "7." 40. Section 1-5.1(C)(1)(a) of the Ocoee Land Development Code provides that a project shall be deemed to have vested rights if: "(a) the project or development has been issued a final development order, and the developer has commenced development and is continuing development in good faith on September 18, 1991 and on the date of submittal of the application for a determination of vested rights." 41. The Project constitutes a "project" as such term is defined in the Ocoee Land Development Code. 42. The final engineering plan for Windermere Groves, approved on October 17, 1989, constitutes "a final development order" within the meaning of 1-5.1(C)(1)(a) and also constitutes the "commencement of development" within the meaning of 1-5.1(B)(1). 43. As of September 1, 1992, the date of Certificate of Vesting CV-92-01, the City determined that: "Since 1988, the Applicant has been proceeding in good faith to seek final development orders with respect to all of the Plantation Grove PUD (East) and has submitted to the City numerous correspondence, plans, drawings and reports in support thereof." 44. In Certificate of Vesting No. CV-92-07, the City determined that the Applicant's successors in interests as to Windermere Groves have been continuing development in good faith from September 18, 1991 to and including November 4, 1992. 45. Since November 4, 1992 through and including the date of this Application, the Applicant, through itself and its successors in title, has been continuing development in good faith as to the Plantation Grove PUD. 7 EXHIBIT "8" COMMON LAW VESTED RIGHTS UNDER SECTION 1-5.1(C)(1)(b) OF THE LAND DEVELOPMENT CODE 46. Applicant incorporates paragraphs 1 through 38 above into this Exhibit "8." 47. Section 1-5.1(C)(1)(b) provides for vested rights if: "(b) the person seeking to establish vested rights, with respect to such project or development, or their predecessors in interest (i) have relied in good faith and in reasonable reliance upon some clear and unequivocal act or promise by the City, and (ii) have made such a substantial change in position and incurred such extensive obligations that it would be highly inequitable or unjust to destroy the rights which such person has acquired." 48. In Certificate of Vesting No. CV-92-01, the City found that the Applicant had "expended funds and changed its position based upon" the Developers Agreement for Sewer Service executed on November 18, 1988, as amended. 49. In Certificate of Vesting No. CV-92-01, the City found that the Applicant had "expended funds and changed its position based upon" the Developers Agreement for Water Service executed on November 18, 1988, as amended. 50. Certificate No. CV-92-01 found that the Applicant "has expended funds and changed its position based upon" the Storm Drainage Agreement executed on or about November 15, 1989 between the Applicant, Ocoee Partners Limited Partnership, Heller Brothers Groves and Park Square Maguire Limited. 51. Certificate No. CV-92-01 found that the Applicant "has expended funds and changed its position based upon" Development Agreement Contract Number 88-9. 52. Certificate No. CV-92-01 found that "the Applicant has expended funds and changed its position based upon" the Second Development Agreement dated May 5, 1992. 53. Certificate No. CV-92-01 further found that "the Applicant has expended funds and made a substantial change in position based upon the 1990 Master Plan, the 1990 Single- Family Engineering, the RLUP, the Sewer Developer Agreement, the Water Developer Agreement, the Storm Drainage Agreement, the Drainage Study, the First Development Agreement, the Second Development Agreement, the Maguire Road Corridor Study, the 1992 Commercial Preliminary Subdivision Plan, and the Parcel F-Phase I Final Engineering." 8 54. As to the portions of the Project vested therein, Certificate No. CV-92-01, found vesting based upon the Applicant "having relied in good faith in reasonable reliance upon certain clear and unequivocal acts of the City with respect to the specific vested rights set forth above and having made a substantial change in position and incurred such extensive obligations that it would be highly inequitable to destroy such rights." 55. The expenditures, the reliance and the substantial change in position cited in Certificate No. CV-92-01 referred almost in its entirety to expenditures, agreements and changes in position made by Applicant with respect to the entire Project. 56. The Applicant has made extensive expenditures of money in reliance upon the clear and unequivocal acts of the City, which expenditures will not be recouped and which investments will not be returned to the Applicant until it completes development of the remainder of its Project. Thus, there is no basis for finding that its substantial change in position was made only with the expectation of developing the properties which were vested pursuant to CV- 92-01. 57. Since the beginning of its efforts to develop the Project, the Applicant and Ferdinand have made the following expenditures of funds: OUT-OF-POCKET EXPENSES: A. Legal fees $188,362.88 B. Planning costs and fees 83,791.53 C. Governmental review and exactions 660,970.38' D. Development management and development overhead expenses 275,253.91 E. Appraisal expenses 17,935.00 F. Architectural expenses 14,006.52 G. Engineering expenses 356,769.51 H. Delivery costs 4,067.15 I. Insurance 1,517.13 J. Marketing expenses 12,305.26 K. Accounting expenses 28,110.60 L. Project carrying costs 1,425,783.03 M. Property acquisition expenses 4,475,718.87 This category includes costs associated with government review and government review fees and also includes the costs or value of governmental exactions such as donations of right-of-way, the fire station site and other governmental exactions. 9 COMMITMENTS FOR PAYMENT OF FUTURE COSTS:2 N. Moore Road signalization 16,250.00 0. Contribution to single-family entry 20,000.00 P. Commercial fill commitment 90,000.00 Q. Moore Road improvement commitment 50,000.00 TOTAL DIRECT EXPENSES: 7,720,841.77 COSTS EXPENDED BY OTHERS ON PROJECT:3 R. Engineering fees 261,714.35 S. Sembler investments 66,524.54 T. Cross Creek development 1,979,000.00 (e) U. M/I Homes 2,000,000.00 (e) V. Watkins Developers 150,000.00 (e) W. Retail Planning 50,000.00 (e) X. Park Square Maguire Limited 400,000.00 (e) TOTAL PROJECT COSTS EXPENDED BY OTHERS: 4,907,238.89 TOTAL PROJECT COSTS BY APPLICANT AND OTHERS: $12,628,080.66 58. Numerous of the actions taken by the Applicant in reliance upon clear and unequivocal acts of the City are actions constituting compliance with development conditions applicable to the Property in its entirety. For instance: (a) The Applicant has donated or caused to be donated all of the additional Maguire Road right-of-way required for the Project. (b) The Applicant has donated or caused to be donated all of the additional Moore Road right-of-way of the Project. (c) The Applicant has granted substantial financial concessions to Cross Creek Development Company by virtue of that certain Development Agreement dated December 29, These constitute expenses which the Applicant has either bound itself to incur in the future or for which the Applicant has granted discounts or concessions to others for purposes of developing the Project. 3 All of these expenses were incurred by prospective or actual purchasers of portions of the Project for purposes of engineering, permitting activity and actual development costs required as part of the Project. 10 1993 and recorded in Official Records Book 4678, Page 2746, Public Records of Orange County, Florida, for the paving of Moore Road. (d) Under the same Development Agreement referenced in (c) above, Applicant obtained a commitment, for substantial consideration, for Cross Creek to install basic surface water management facilities common to the entire Property and to design and size them in a manner sufficient to service the entire Property. (e) Under the same Development Agreement referred to in (c) above, Applicant obtained a contractual obligation from Cross Creek, for substantial consideration, to extend water and sewer lines for the benefit of the Property described in this application. 59. The Applicant has previously conveyed the fire station site to the City which was intended to offset impacts applicable to the entire Project. 60. In Certificate of Vesting No. CV-93-01, the City determined that the Westmere PUD was entitled to common law vested rights based on commencement of initial phases of the Project. Accordingly, the Property is entitled to receive vested rights as to consistency and concurrency pursuant to 1-5.1(C)(1)(b). 61. The failure of the City to grant the vested rights requested in this application would be highly inequitable or unjust and would destroy the rights of the Applicant to recoup its out-of-pocket expenditures with regard to the Project, all of which expenditures were made based on good faith and reasonable reliance upon clear and unequivocal acts or promises by the City. 11 EXHIBIT "9" CLAIM BASED ON DEVELOPMENT AGREEMENT PER 1-5.1(0(1)(c) 62. Applicant incorporates paragraphs 1 through 38 into this Claim. 63. Applicant and the City entered into Development Agreement Contract No. D88-09 which expressly granted specific development rights constituting the land use plan for Plantation Grove. 64. On May 5, 1992 the Applicant and City entered into that certain Second Developer Agreement for the purpose of incorporating a revised land use plan and to add additional property to the Planned Unit Development. The Second Developer Agreement should be construed as a continuation of the original Developers Agreement with certain specific amendments. To the extent not specifically amended, the provisions of the first Developer Agreement remain in place. 65. By virtue of paragraph 2D of the Second Developer Agreement, the Project was granted specific vesting against subsequent modifications of law or regulation by virtue of the following statement: "In the event of any conflict between the zoning and subdivision regulations and this agreement, it is agreed that the provisions of this agreement shall control." 66. Subsequent to execution of the Second Developer Agreement, the City adopted land use regulations implementing its concurrency management system. To the extent that said land development regulations conflict with the rights of the Applicant to proceed with the development authorized by the Development Agreement Contract D88-09 and the Second Developer Agreement, the Development Agreements express a specific intent that the Project be vested from the effects of said regulations. The undersigned Applicant does hereby affirm that it has reviewed the contents of the foregoing Exhibits "6," "7," "8" and "9" and does hereby affirm to the best of the Applicant's knowledge and belief that the contents of said exhibits are true and correct in all respects. 12 Where an estimate has been used for certain expenditures, the Applicant affirms that the estimate is made on the Applicant's best available knowledge. MAGUIRE ROAD CORPORATION, a Florida corporation / i By: Rob-rt L. Ferdinand, President STATE OF FLORIDA COUNTY OF ORANGE The foregoing instrument was acknowledged before me this St day of July, 1994, by Robert L. Ferdinand, as President of MAGUIRE ROAD CORPORATION, a Florida corporation, on behalf of the corporation. He is personally known to me. rrC X- • //0,')CUL Printed name: n b,n C. Tv r ne r- Notary Public-State of Florida at Large Commission number: My Commission expires: i,+ t ROBIN C.TURNER State of Florida My Comm. Comm 1995 Exp.C 102522 13 APPENDIX 1 APPLICATION FOR VESTED RIGHTS PLANTATION GROVE EAST CITY OF OCOEE, FLORIDA July 20, 1994 LIST OF DOCUMENTS FILED AS A PART OF THE FILE ON CV-92-01 (1) Traffic Circulation: 1. Maguire Road Corridor Study, for the Ocoee City Commission by Professional Engineering Consultants, Inc., dated November 29, 1989 (with exhibits) adopted by the City Commission on December 19, 1989. 2. Copy of letter from Maguire Road Corp. to Professional Engineering Consultants, dated September 8, 1989 with the site plan projected for Plantation Grove and to be used for the Maguire Road Corridor Study. 3. Copy of letter from Maguire Road Corp. to Ellis Shapiro, City of Ocoee Manager, dated June 5, 1989, regarding scope of Maguire Road Corridor Study, with June 8, 1989 notes of conversations. 4. Transcript of Ocoee DRC meeting dated February 21, 1991, regarding Plantation Grove East, pages 51-66 inclusive. 5. Reduction of Preliminary Development Plan submitted for February 21, 1991 DRC meeting. 6. Copy of Maguire Road Traffic Study Agreement dated June 30, 1989. (2) Sanitary Sewer: 7. Sewer Service Application for Maguire Road Corp. to the City of Ocoee, dated November 9, 1988 with cover letter to Dennis Finch, acting City Manager, City of Ocoee, dated November 9, 1988. 14 8. Developer's Agreement for Sewer Service between the City of Ocoee and Maguire Road Corp., dated November 18, 1988, regarding the reservation of 550 sewer taps for Plantation Grove East. 9. First Amendment to Developer's Agreement for sewer service between the City of Ocoee and Maguire Road Corp., dated January 23, 1989. (3) Potable Water: 10. Water Service Application for Maguire Road Corp. to the City of Ocoee, dated November 9, 1988 with cover letter to Dennis Finch, acting City Manager, City of Ocoee, dated November 9, 1988. 11. Developer's Agreement for Water Service between the City of Ocoee and Maguire Road Corp., dated November 18, 1988, regarding the reservation of 550 sewer taps for Plantation Grove East. 12. First Amendment to Developer's Agreement for water service between the City of Ocoee and Maguire Road Corp., dated January 23, 1989. (4) Solid Waste: None. (5) Stormwater Drainage: 13. Drainage Study, Maguire Road Properties, 100 Year Pre-developed Discharge, prepared by Bowyer-Singleton & Associates, dated October, 1989. 14. Storm Drainage Agreement between Arvida, Heller & Park Square, joined to by the City of Ocoee, dated November 13, 1989 regarding a shared storm water outfall per the recommendations of the Maguire Road Drainage Study. 15. Addendum to Storm Drainage Agreement adding Maguire Road Corp. (Maguire) to the November 13, 1989 Agreement, dated November 15, 1989. (6) Recreation: 16. Copy of letter from Maguire Road Corp. to Jim Shira, City Engineer, and Bruce Behrens, City Planner, dated December 6, 1989 regarding our response to the Development Review Committee Report, dated December 4, 1989, on our Final Master Plan/Preliminary Subdivision Plan, please see Planning comments, item 2 and letter of Duke Woodson, City Attorney, dated November 27, 1989, and referenced therein. 15 (7) Various Approved Plans: (a) Land Use: 17. Reduction of original Land Use Plan approved by the Ocoee City Commission for Plantation Grove on November 21, 1988. 18. Reduction of Revised Land Use Plan approved by the Ocoee City Commission for Plantation Grove in February, 1989. 19. Reduction of Revised Land Use Plan approved by the Ocoee City Commission for Plantation Grove East on May 5, 1992. (b) Final Master Plans/Preliminary Subdivision Plans: 20. Reduction of plan for Plantation Grove East by the Ocoee City Commission in February/March, 1990 showing 322 single family lots on 123 +/- acres and 218,700 sq. ft. of commercial on 25 +/- acres. 21. Reduction of plan for Plantation Grove East submitted in October, 1990 and approved by the DRC in February, 1991, subject to the incorporation of 5 additional acres at the corner of Moore and Maguire Roads. 22. Reduction of plan submitted in October, 1991 showing 193 single family lots on 54 +/- acres, with 800 multi-family units on 65 +/- acres, and 144,120 sq. ft. of commercial (less the outparcel square footages estimated at 42,000 +/- sq. ft.) on 25 +/- acres. 23. Reduction of plan re-submitted in January, 1992 showing 193 single family lots on 54 +/- acres and 144,120 sq. ft. of commercial (less the outparcel square footages estimated at 42,000 +/- sq. ft.) on 25 +/- acres, balance as raw multi- family land. 24. Plan submitted in February, 1992 and approved by the Ocoee City Commission on July 21, 1992 showing 187,760 sq. ft. of commercial on 25 +/- acres. (c) Final Engineering: 25. Reduced set of Construction Plans for Plantation Grove showing 322 single family lots on 123 +/- acres, approved by the Ocoee City Commission in February, 1990. 16 26. Copy of Construction Plans for Plantation Grove Shopping Center, Parcel "F," Phase I, submitted to the City of Ocoee for review and approval on June 30, 1992. (8) Developer's Agreement: 27. Copy of Developers Agreement D88-09, dated November 22, 1988, for Plantation Grove. 28. Copy of Second Developers Agreement, dated May 5, 1992 regarding Plantation Grove East. (9) Appraisal: 29. Appraisal for Plantation Grove East, prepared by Bell & Irwin, Inc., dated April 3, 1991. (10) Affidavit: 30. Sworn Statement as to facts asserted for vested rights. 17 APPENDIX 2 31. City of Ocoee Certificate of Vesting Number CV-92-1 32. City of Ocoee Certificate of Vesting Number CV-92-07 33. City of Ocoee Certificate of Vesting Number CV-93-01 34. Third Developer's Agreement dated December 29, 1993, by and among City of Ocoee, Florida, a Florida municipal corporation, Maguire Road Corporation, a Florida corporation, Cross Creek Development Company, a Florida general partnership, and Robert L. Ferdinand, Trustee, recorded January 4, 1994 in Official Records Book 4678, Page 2721, Public Records of Orange County, Florida. 35. Warranty Deed dated July 15, 1993, executed by Maguire Road Corporation, a Florida corporation, in favor of City of Ocoee, a Florida municipal corporation, recorded January 4, 1994 in Official Records Book 4678, Page 2681, Public Records of Orange County, Florida. 36. Warranty Deed dated as of July 1994, executed by Maguire Road Corporation, a Florida corporation, in favor of City of Ocoee, a Florida municipal corporation. 37. Reciprocal Stormwater Drainage Easement dated December 29, 1993, executed by Maguire Road Corporation, a Florida corporation, and Cross Creek Development Company, a Florida general partnership, recorded January 4, 1994 in Official Records Book 4678, Page 2787, Public Records of Orange County, Florida. 38. Declaration of Easements dated December 29, 1993, executed by Maguire Road Corporation, a Florida corporation, and Cross Creek Development Company, a Florida general partnership, recorded January 4, 1994 in Official Records Book 4678, Page 2767, Public Records of Orange County, Florida. 39. Development Agreement dated December 29, 1993, executed by Maguire Road Corporation, a Florida corporation, and Cross Creek Development Company, a Florida general partnership, recorded January 4, 1994 in Official Records Book 4678, Page 2746, Public Records of Orange County, Florida. 40. Declaration of Easements, Covenants and Restrictions dated March 15, 1994, executed by Maguire Road Corporation, as Declarant. 18 "CENTER OF GOOD LIVING -PRIDE OF WEST ORANGE" MAYOR• COMMISSIONER Ocoee S. S.SCOTT VANDERGRIFT O��y. COMMISSIONERS '` 10 !py d CITY OF OCOEE RUSTY JOHNSON `� �•^ PAUL w.FOSTER %-(1', //// 150 N.LAKESHORE DRIVE SCOTT A.GLASS �' v OCOEE,FLORIDA 34761-2253 JIMGLEASON �yj� `�� (407)656-2322 cm M ANACER 4 OF GOO` ELLIS SHAPIRO CITY OF OCOEE CERTIFICATE OF VESTING NUMBER CV-95-01 This is to certify that the specific development project on the specific property described below is vested, subject to the limitations described below and the further limitations and conditions set forth in this Certificate, from only the following requirements of the City of Ocoee ' s Comprehensive Plan and Land Development Regulations . NI Concurrency Review g Consistency with the Comprehensive Plan, specifically for those land uses set forth on that certain Revised Land Use Plan for Plantation Grove PUD, dated January 21, 1992 , as revised through April 28 , 1992 , as prepared by C.C.L. Consultants, Inc. , under Project No. 7197 and as approved by City of Ocoee Ordinance No. 92-08 adopted May 5, 1992 ( "the RLUP" ) . X1 Land Development Code, specifically the Plantation Grove PUD multi-family lands and that portion of the Plantation Grove PUD commercial lands not previously granted vested rights by the City, namely Phases II and III of Commercial Parcel F, are exempt from the provisions of the Ocoee Land Development Code adopted by City of Ocoee Ordinance No. 92-16 only to the extent of any express conflict with (a) this Certificate of Vesting, (b) the RLUP, (c) the Final Development/Preliminary Subdivision Plan for the Plantation Grove Commercial Center, said plan being labeled as the "Development Plan for Commercial Parcel F, Plantation Grove PUD" as prepared by C.C.L. Consultants, Inc. under Project No. 7197 as approved by the City Commission on July 21, 1992 (the "1992 Commercial Preliminary Subdivision Plan" ) , (d) that certain Development Agreement (Contract No. D88-9) dated November 22 , 1988, between the City and the Applicant, as subsequently amended and affected by City of Ocoee Ordinance No. 92-08, (e) that certain Second Development Agreement, dated May 5 , 1992 , between the City and the Applicant, and (f) that certain Third Developer' s Agreement, dated December 29 , 1993 , between the City, the Applicant and Cross Creek Development Company. ❑ Other: None. (Only checked boxes apply) . Property Address/Location: East of Maguire Road and north of proposed realignment of Moore Road. II . Property Legal Description: See Exhibit "A" attached hereto and by this reference made a part hereof ( "the Property" ) . The Property consists of Parcel A as shown on the RLUP and Phases II and III as shown on the 1992 Development Plan for Commercial Parcel F, Plantation Grove PUD. III. Involving the following tax parcels of property, in whole or in part: Not applicable. See Exhibit "A" attached hereto. IV. If developed as a Planned Unit Development (P.U.D. ) consistent with the RLUP and the 1992 Commercial Preliminary Subdivision Plan. V. Not to exceed: (a) 480 multi-family residential dwelling units and 2 , 822 average daily trips on Parcel A as described • in the RLUP; and (b) 70, 500 gross square feet of commercial space and 3 , 990 average daily trips on Phases II and III of Commercial Parcel F as described in the 1992 Commercial Preliminary Subdivision Plan. The maximum usage set forth in the preceding sentence establishes those densities and intensities with respect to which vested rights are being granted by this Certificate and is not to be construed as a limitation on the right of the Applicant to proceed to obtain future development approvals with respect to any non-vested densities and intensities which are consistent with the RLUP, the 1992 Commercial Preliminary Subdivision Plan and all governmental approvals affecting the Property. VI. Based upon an application for a Certificate of Vesting made for and by: Development Name (and Phase) : Plantation Grove PUD: Parcel A, Multi-Family and Parcel F, Commercial Phases II and III Applicant Name: Maguire Road Corporation Vesting Application: #VR04-07-94 - Plantation Grove PUD Multi-Family and Commercial Phases II and III VII. Vesting Determination is made based upon and subject to the following: -2- A. Findings of Fact : 1. In November 1988 , the Ocoee City Commission approved a Land Use Plan for the Plantation Grove PUD ( "the First LUP" ) . The First LUP was for a total of 196 . 66 acres located north of Robinson and Moore Roads and east and west of Maguire Road. The lands which are the subject of the First LUP are hereinafter referred to as the "Plantation Grove PUD Lands . " 2 . On November 22 , 1988 , the Applicant, Robert L. Ferdinand, Trustee, and the City entered into a Development Agreement (Contract No. D88-9) ( "the First Development Agreement" ) . The First Development Agreement related to all of the Plantation Grove PUD Lands . 3 . In February 1989 , the Ocoee City Commission approved a revised Land Use Plan for the Plantation Grove PUD ( "the Second LUP" ) . The Second LUP superseded the First LUP and related to all of the Plantation Grove PUD Lands . 4 . On November 10, 1989 the Applicant, Ocoee Partners Limited Partnership, Heller Bros . Groves and Park Square Maguire, Ltd. entered into a Storm Drainage Agreement (including the Addendum thereto) which was subsequently joined in and consented to by the City ( "the Storm Drainage Agreement" ) . Said Agreement incorporated by reference the Drainage Study: Maguire Road Properties, dated October 1989 , as prepared by Bowyer-Singleton & Associates, Inc. 5 . On October 17, 1989 , the Ocoee City Commission approved Final Engineering Plans for that portion of the Plantation Grove PUD Lands located on the west side of Maguire Road ( "the Approved Plantation Grove West Final Engineering Plans" ) . The portion of Plantation Grove PUD Lands located on the west side of Maguire Road are referred to herein as "the Plantation Grove PUD West Lands" . 6 . On November 29 , 1989 , M/I Schottenstein Homes, Inc. acquired fee simple title to the Plantation Grove PUD West Lands . 7. On May 16, 1990, the Ocoee City Commission approved the Plat of Plantation Grove West which encompassed all of the Plantation Grove PUD West Lands . 8 . On September 18 , 1991, M/I Schottenstein Homes, Inc. commenced development on the Plantation Grove PUD West Lands pursuant to the Approved Plantation Grove West Final Engineering Plans . -3 - 9 . On May 5, 1992 , the Ocoee City Commission approved a revised Land Use Plan for the Plantation Grove PUD ( "the RLUP" ) by the adoption of Ordinance No. 92-08 . The RLUP repealed and superseded the Second LUP. 10 . Ordinance No. 92-08 added a 5 acre parcel to the Plantation Grove PUD which parcel was previously part of the Westridge PUD ( "the 5-acre Parcel") . 11. As part of the approval process for Ordinance No. 92-08 and the RLUP, the City required that the entire Plantation Grove PUD be reviewed and that a new land use plan be prepared as part of the approval process for the RLUP, all as provided by the Ocoee City Code. As a result, the RLUP included as a single project all of the Plantation Grove PUD Lands plus the 5-acre Parcel (collectively, the "Expanded Plantation Grove PUD Lands" ) . 12 . The Property is included in the Expanded Plantation Grove PUD Lands. The 5-acre Parcel is also included within the Property. 13 . On May 5, 1992 the Applicant and the City entered into a Second Development Agreement ( "the Second Development Agreement" ) . The Second Development Agreement amended portions of the First Development Agreement . 14 . On July 21, 1992 , the Applicant received approval from the City of the final development/preliminary subdivision plan for the Plantation Grove Commercial Shopping Center, said plan being labeled as the "Development Plan for Commercial Parcel F, Plantation Grove PUD" as prepared by C.C.L. Consultants, Inc. under Project No. 7197 ( "the 1992 Commercial Preliminary Subdivision Plan") . The Property is totally included within the lands subject to the 1992 Commercial Preliminary Subdivision Plan. 15 . On August 18 , 1992, the Applicant received approval from the City of the Final Development/Final Engineering (Plan) for Plantation Grove Shopping Center Parcel F, Phase I, as prepared by C. C.L. Consultants, Inc. under Project No. 7197-04 ( "the Parcel F-Phase I Final Engineering" ) . 16 . On September 1, 1992 , the City issued Certificate of Vesting Number CV-92-1 which granted vested rights to all of the Expanded Plantation Grove PUD Lands located east of Maguire Road except for Parcel A as shown on the RLUP and Phases II and III of Commercial Parcel F as shown on the 1992 Commercial Preliminary Subdivision Plan, said vested rights being based in part upon the Applicant having relied in good faith and in reasonable reliance upon some clear and unequivocal act or promise by the City and having made such -4- a substantial change in position and incurred such extensive obligations that it would be highly inequitable and unjust to destroy the rights which the Applicant had acquired [Section 1-5 . 1 (C) (1) (b) of the Ocoee Land Development Code] and in part upon a development agreement entered into prior to . September 18, 1991 [Section 1-5 . 1 (C) (1) (c) of the Ocoee Land Development Code] . 17. On November 4 , 1992, the City issued Certificate of Vesting Number CV-92-07 which granted vested rights to the Plantation Grove West Lands based upon the Approved Plantation Grove West Final Engineering Plans, which plans were approved by the City prior to September 18, 1991, and a determination that the development of the Plantation Grove West Lands were proceeding in good faith as of that date (Section 1-5 . 1 (C) (i) (a) of the Ocoee Land Development Code) . 18 . On December 29 , 1993 , the Applicant, the City and Cross Creek Development Company entered into a Third Developer' s Agreement ( "the Third Development Agreement" ) . The Third Development Agreement amended portions of the Second Development Agreement. 19 . The First Development Agreement, the Second Development Agreement and the Third Development Agreement related to all or a portion of the Expanded Plantation Grove PUD Lands . 20 . The Applicant is the owner of the Property. 21. The Property is located within the boundaries of the Plantation Grove PUD and is part of the Expanded Plantation Grove PUD Lands . 22 . On or about January 1994, the City approved final engineering plans for the Cross Creek Development which is part of the Plantation Grove PUD. Construction has commenced and is continuing as to said development as of the date hereof. 23 . Since 1988, and continuing on the date hereof, the Applicant and its successors-in-title to portions of the Expanded Plantation Grove PUD Lands have been proceeding in good faith to seek Final Development Orders with respect to all of the Plantation Grove PUD and have submitted to the City numerous correspondence, plans, drawings, and reports in support thereon. B. Conclusions of Law: 1 . A "Preliminary Development Approval" is an action authorizing an applicant for a land development or land use -5- activity to proceed with further submittals and reviews for the purpose of obtaining a final development approval . Preliminary Development Approval does not confer approval or authorization sufficient to vest any particular land use or development activity. Section 2-4 (C) (208) , Land Development Code. 2 . A "Final Development Order" is an approval by the City Commission of the final subdivision plan or final site plan for a project or development, or the building permit issued by the City for a project or development, whichever first occurs . Section 2-4 (C) (111) , Land Development Code. 3 . A "Project" is each proposed subdivision, planned unit development, development of regional impact, mixed-use development, multi-family development, apartment complex or non-residential site plan. Section 2-4 (C) (211) , Land Development Code. 4. The Plantation Grove PUD constitutes a "Project" under the Land Development Code. 5 . The Project includes all of the Expanded Plantation Grove PUD Lands . 6 . The developer or owner of a project may request a determination of vested rights . Section 1-5 . 1 (E) (1) , Land Development Code. 7. A project is deemed to have vested rights if the project has been issued a final development order prior to September 18, 1991 and the developer has commenced development and is continuing development in good faith on September 18 , 1991 and on the date of submittal of the application for determination of vested rights . 8 . The Approved Plantation Grove West Final Engineering Plans, approved on October 17, 1989 , constitute a final . development order for the Plantation Grove PUD under the Land Development Code. 9 . Events occurring subsequent to September 18 , 1991 are relevant only for the purpose of determining (a) whether or not the Applicant is continuing development in good faith on the date of submittal of an application for determination of vested rights, and (b) approved land uses and densities on the date of application for determination of vested rights. Events occurring subsequent to September 18, 1991 do not provide a basis for the City to grant vested rights. -6- 10 . The vested rights determination made by the City is based on the approvals in place on the date of application for a vested rights determination. 11. The City cannot grant vested rights for solid waste disposal on an unqualified basis because (a) the City does not operate a landfill, (b) the current life of the Orange County landfill is limited, (c) the life of the Orange County landfill will be affected by recycling programs pursuant to state statutes and county ordinances, and (d) the operation of the Orange County solid waste disposal system is subject to applicable governmental rules and regulations. Accordingly, the Applicant is entitled to vested rights for solid waste disposal subject to the foregoing and the continued operation of an Orange County landfill in accordance with all applicable governmental statutes, laws, ordinances, rules and regulations . 12 . The Applicant is entitled to sanitary sewer capacity subject to and in accordance with the terms and conditions of such sewer developer agreements as may have heretofore been or may hereafter be entered into between the Applicant and the City. 13 . The Applicant is entitled to potable water capacity subject to in accordance with the terms and conditions of such water developer agreements as may have heretofore been or may hereafter be entered into between the Applicant and the City. 14 . The Applicant is entitled to the following vested rights for the Property with respect to consistency and concurrency based upon Section 1-5.1 (C) (1) (a) of the Ocoee Land Development Code: (A) PARCEL A AS SHOWN ON THE RLUP: (THE MULTI- FAMILY RESIDENTIAL USE WITHIN PLANTATION GROVE PUD) . i) Traffic Circulation: Vested for 480 multi-family residential dwelling units with a total of 2, 822 average daily trips . ii) Sanitary Sewer: None, but see Paragraph 12 above. iii) Potable Water: None, but see Paragraph 13 above. iv) Solid Waste: Vested for solid waste disposal associated with 480 multi-family -7- residential dwelling units, subject to the provisions of Paragraph 11 above. v) Stormwater Drainage: None, but see vested rights granted in Paragraph 15 (A) below. vi) Recreation and Open Space: Vested for all of the Property subject to compliance with the requirements of the RLUP and all governmental approvals . (B) PHASES II AND III OF COMMERCIAL PARCEL F AS SHOWN ON 1992 COMMERCIAL PRELIMINARY SUBDIVISION PLAN. i) Traffic Circulation: Vested for 70 , 500 square feet of commercial space with 3 , 990 average daily trips . ii) Sanitary Sewer: None, but see Paragraph 12 above. iii) Potable Water: None, but see Paragraph 13 above. iv) Solid Waste: Vested for solid waste disposal associated with 70, 500 square feet of commercial space, subject to the provisions of Paragraph 11 above. v) Stormwater Drainage: None, but see vested rights granted in Paragraph 15 (A) below. vi) Recreation and Open Space: Not applicable. 15 . The Applicant is entitled to the following vested rights for the Property based upon Section 1-5.1 (C) (1) (c) of the Ocoee Land Development Code: (A) The Applicant has obtained vested rights from all stormwater drainage concurrency requirements for all of the Property, subject to the terms, conditions and limitations set forth in: i) that certain Drainage Study: Maguire Road Properties, dated October 1989 , as prepared by Bowyer-Singleton & Associates; and - 8- ii) that certain Stormwater Drainage Agreement dated November 10 , 1989 by and between the Applicant, Ocoee Partners Limited Partnership, Heller Bros . Groves and Park Square Maguire, Ltd. (including the Addendum thereto) , as joined and consented to by the City on December 5, 1989 ( "the Stormwater Drainage Agreement" ) . (B) The Applicant has obtained vested rights for the Property for purposes of "Consistency" with respect to the land uses and approvals set forth on the RLUP. 16 . The City makes no findings as to whether or not the Applicant is entitled to vested rights for the Property pursuant to Section 1-5 . 1 (C) (1) (b) of the Ocoee Land Development Code. 17. Plantation Grove PUD is subject to the Ocoee Land Development Code adopted by Ordinance No. 92-16, except to the extent of any express conflict with: (A) this Certificate of Vesting; (B) the RLUP; (C) the 1992 Commercial Preliminary Subdivision Plan; (D) the First Development Agreement, as amended; (E) the Second Development Agreement, as amended; and (F) the Third Developer' s Agreement. VIII. The Property is subject to divestiture pursuant to the provisions of Section 1-5 . 1 of the City of Ocoee Land Development Regulations upon the subject development ' s failure to continue development in good faith as required below, or as may otherwise occur pursuant to law. Development must proceed in accordance with and consistent with the following: (A) the RLUP; (B) the 1992 Commercial Preliminary Subdivision Plan; (C) the First Development Agreement, as amended; (D) the Second Development Agreement; and (E) the Third Development Agreement. IX. . This Certificate is further the subject of the following development agreements . (A) the Stormwater Drainage Agreement; (B) the First Development Agreement, as amended; -9- (C) the Second Development Agreement; and (D) the Third Development Agreement. This Certificate of Vesting is valid only as it relates to the Property and matters cited above. This Certificate is not transferrable to or on any property other than the Property described herein; provided, however, that, if a partial transfer is desired, each such transfer is subject to approval by the City in accordance with its documentation and monitoring procedures and requirements . This Certificate does not guarantee the availability of water or sewer capacity. Further, this Certificate offers no other assurances, does not approve any development order, and does not grant any development rights . This Certificate is subject to expiration in accordance wit the Land Delopment Code or subsequent Codes. X. SIGNED: VN. Russell B. Wagner, Director of Planning DATE: June fTtt , 1995 XI. DISTRIBUTION: City Manager Director of Administrative Services Concurrency Development Administrator City Attorney Maguire Road Corporation END: Certificate of Vesting Number CV-95-01 . A:\CERTVFSI.NEw16115A5:NIGHC TRANSFER DISK IPER:jd -10- EXHIBIT "A" PLANTATION GROVE EAST A PORTION OF THE NORTHWEST 1/4 OF SECTION 32, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF SAID SECTION 32; THENCE SOUTH 89059'26" EAST ALONG THE NORTH LINE OF NORTHWEST 1/4 OF SAID SECTION 32 FOR 40.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 89059'26" EAST ALONG SAID NORTH LINE FOR 2,602.59 FEET TO THE EAST LINE OF THE NORTHWEST 1/4 OF SAID SECTION 32; THENCE SOUTH 00021'52" EAST ALONG SAID EAST LINE FOR 1,761.38 FEET; THENCE SOUTH 89049'54" WEST FOR 305.73 FEET; THENCE SOUTH 00033'04" EAST FOR 914.84 FEET; THENCE RUN SOUTH 89054'50" WEST, 2300.04 FEET; THENCE NORTH 00021'35" WEST, 2690.98 FEET TO THE POINT OF BEGINNING. LESS AND EXCEPT: A PORTION OF THE NORTHWEST 1/4 OF SECTION 32, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF SAID SEC fiON 32; THENCE SOUTH 89059'26" EAST ALONG THE NORTH LINE OF THE NORTHWEST 1/4 OF SAID SECTION 32 A DISTANCE OF 40.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 89059'26" EAST ALONG SAID NORTH LINE FOR 2602.59 FEET TO THE EAST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 32; THENCE SOUTH 00021'52" EAST ALONG SAID EAST LINE FOR 1761.38 FEET; THENCE SOUTH 89049'54" WEST, FOR 305.73 FEET; THENCE SOUTH 00033'04" EAST, FOR 914.84 FEET TO THE SOUTH LINE OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 32; THENCE SOUTH 89054'50" WEST ALONG SAID SOUTH LINE FOR 1018.64 FEET; THENCE NORTH 0002 1'44" WEST, FOR 40.00 FEET; THENCE NORTH 0300'08" WEST, FOR 360.57 FEET; THENCE NORTH 08026'23" WEST, FOR 317.89 FEET; THENCE NORTH 22022'34" EAST, FOR 467.97 FEET; THENCE NORTH 70042'11" EAST, FOR 115.17 FEET; THENCE NORTH 01003'18" WEST, FOR 207.54 FEET; THENCE NORTH 13010'53" WEST, FOR 233.68 FEET; THENCE NORTH 02059'26" WEST, FOR 70.00 FEET; THENCE NORTH 06000'34" EAST, FOR 235.00 FEET; THENCE NORTH 03059'26" WEST, FOR 85.00 FEET; THENCE NORTH 89059'26" WEST, FOR 1473.00.FEET; THENCE NORTH 00021'35" WEST, FOR 670.02 FEET TO THE POINT OF BEGINNING, LESS THE WEST 10 FEET AND THE SOUTH 40 FEET THEREOF FOR ROAD RIGHT-OF-WAY. AND LESS AND EXCEPT: SHOPPING CENTER CORE A PORTION OF THE NORTHWEST 1/4 OF SECTION 32, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF SECTION 32, TOWNS' 22 SOUTH, RANGE 28 EAST; THENCE RUN SOUTH 89059'26" EAST, ALONG THE NORTH LINE OF THE NORTHWEST 1/4 OF SAID SECTION 32, A DISTANCE OF 40.00 FEET, TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF MAGUIRE ROAD; THENCE RUN SOUTH 00021'35" EAST, ALONG SAID EASTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 1118.56 FEET; THENCE LEAVING SAID EASTERLY RIGHT-OF-WAY LINE, RUN NORTH 89053'36" EAST, 20.00 FEET; THENCE RUN SOUTH 00021'35" EAST, 209.94 FEET, TO THE POINT OF BEGINNING; THENCE RUN NORTH 89054'50" EAST, 400.00 FEET; THENCE RUN NORTH 00021'35" WEST, 45.44 FEET; THENCE RUN NORTH 89038'25" EAST, 127.19 FEET; THENCE RUN SOUTH 46056'06" EAST, 104.14 rth1; THENCE RUN SOUTH 32010'01" EAST, 132.16 FEET; THENCE RUN SOUTH 89010'06" EAST, 60.92 FEET; THENCE RUN SOUTH 15040'52" EAST, 303.09 FEET; THENCE RUN SOUTH 00013'34" EAST, 156.03 FEET; THENCE RUN SOUTH 14028'31" WEST, 96.05 FEET; THENCE RUN SOUTH 58039'08" WEST, 23.46 FEET; THENCE RUN SOUTH 89038'25" EAST, 21.00 FEET; THENCE RUN SOUTH 00021'35" EAST, 1.00 FEET; THENCE RUN SOUTH 89038'25" WEST, 234.86 FEET; THENCE NORTH 00021'35" WEST, 1.00 FEET; THENCE RUN SOUTH 89038'25" WEST, 342.54 FEET; THENCE RUN SOUTH 00021'35" EAST, 5.89 FEET; THENCE RUN SOUTH 89054'50" WEST, 170.00 FEET; THENCE RUN NORTH 00021'35" WEST 60.00 FEET; THENCE RUN NORTH 89054'50" EAST 209.65 FEET; THENCE RUN NORTH 00021'35" WEST, 217.00 FEET; THENCE RUN SOUTH 89054'50" WEST, 209.65 FEET; THENCE RUN NORTH 00021'35" WEST, 152.98 FEET; THENCE RUN NORTH 89054'50" EAST, 212.50 FEET; THENCE RUN NORTH 00021'35" WEST, 200.00 FEET; THENCE RUN SOUTH 89054'50" WEST, 212.50 FEET; THENCE RUN NORTH 00021'35" WEST, 70.00 FEET, TO THE POINT OF BEGINNING. OUTPARCEL "B" A PORTION OF THE NORTHWEST 1/4 OF SECTION 32, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF SECTION 32, TOWNSHIP 22 SOUTH, RANGE 28 EAST; THENCE RUN SOUTH 89059'26" EAST, ALONG THE NORTH LINE OF THE NORTHWEST 1/4 OF SAID SECTION 32, A DISTANCE OF 40.00 FEET, TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF MAGUIRE ROAD; THENCE RUN SOUTH 00021'35" EAST, ALONG SAID EASTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 1118.56 FEET; THENCE LEAVING SAID EASTERLY RIGHT-OF-WAY LINE, RUN NORTH 89°53'36" EAST, 20.00 FEET TO THE POINT OF BEGINNING; THENCE RUN NORTH 39°53'36" EAST, 200.00 FEET; THENCE RUN SOUTH 00°21'35" EAST, 210.01 FEET; THENCE RUN SOUTH 89°54'50" WEST, 200.00 FEEET; THENCE RUN NORTH 00021'35" WEST, 209.94 FEET, TO THE POINT OF BEGINNING. OUTPARCEL "C" A PORTION OF THE NORTHWEST 1/4 OF SECTION 32, TOWNSHIP 22 SOUTH, RANGE 28 EAST, GRANGE COUNTY, FLORID,;, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF SECTION 32, TOWNSHIP 22 SOUTH, RANGE 28 EAST; THENCE RUN SOUTH 89°59'26" EAST, ALONG THE NORTH LINE OF THE NORTHWEST 1/4 OF SAID SECTION 32, A DISTANCE OF 40.00 FEET, TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF MAGUIRE ROAD; THENCE RUN SOUTH 00021'35"EAST, ALONG SAID EASTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 1118.56 FEET; THENCE LEAVING SAID EASTERLY RIGHT-OF-WAY LINE, RUN NORTH 89°53'36" EAST, 20.00 FEET; THENCE RUN SOUTH 00°21'35" EAST, 279.94 FEET, TO THE POINT OF BEGINNING; THENCE RUN NORTH 89°54'50" EAST, 212.50 FEET; THENCE RUN SOUTH 00°21'35" EAST, 200.00 FEET; THENCE RUN SOUTH 89°54'50" WEST, 212.50 FEET; THENCE RUN NORTH 00021'35" WEST, 200.00 FEET, TO THE POINT OF BEGINNING. OUTPARCEL "D" A PORTION OF THE NORTHWEST 1/4 OF SECTION 32, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF SECTION 32, TOWNSHIP 22 SOUTH. RANGE 28 EAST; THENCE RUN SOUTH 89°59'26" EAST, ALONG THE NORTH LINE OF THE NORTHWEST 1/4 OF SAID SECTION 32, A DISTANCE OF 40.00 FEET, TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF MAGUIRE ROAD; THENCE RUN SOUTH 00021'35"EAST, ALONG SAID EASTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 1118.56 FEET; THENCE LEAVING SAID EASTERLY RIGHT-OF-WAY LINE, RUN NORTH 89°53'36" EAST, 20.00 FEET; THENCE RUN SOUTH 00°21'35" EAST, 632.92 FEET, TO THE POINT OF BEGINNING; THENCE RUN NORTH 89°54'50" EAST, 209.65 FEET; THENCE RUN SOUTH 00°21'35" EAST, 217.00 FEET; THENCE RUN SOUTH 89°54'50" WEST, 209.65 FEET; THENCE RUN NORTH 00°21'35" WEST, 217.00 FEET, TO THE POINT OF BEGINNING. OUTPARCEL "E" A PORTION OF THE NORTHWEST 1/4 OF SECTION 32, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY. FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF SECTION 32, TOWNSHIP 22 SOUTH, RANGE 28 EAST; THENCE RUN SOUTH 89°59'26" EAST, ALONG THE NORTH LINE OF THE NORTHWEST 1/4 OF SAID SECTION 32, A DISTANCE OF 40.00 FEET, TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF MAGUIRE ROAD; THENCE RUN SOUTH 00021'35"EAST, ALONG SAID EASTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 1118.56 FEET; THENCE LEAVING SAID EASTERLY RIGHT-OF-WAY LINE, RUN NORTH 89°53'36" EAST, 20.00 FEET; THENCE RUN SOUTH 00°21'35" EAST, 909.92 FEET, TO THE POINT OF BEGINNING; THENCE RUN NORTH 89°54'50" EAST, 170.00 FEET; THENCE RUN SOUTH 0021'35" EAST, 215.00 FEET; THENCE RUN SOUTH 89054'50" WEST, 170.00 FEET; THENCE RUN NORTH 00°21'35" WEST, 215.00 FEET, TO THE POINT OF BEGINNING.