Loading...
HomeMy WebLinkAboutVII (A) 2. First Reading of Ordinance No. 99-14, Devon Cove, Annexation, Case No. AR-98-12-15 Agenda 3-16-99 Item VII A 2 "CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" MAYOR•COMMISSIONER S.SCOTT VANDERGRIFT Ocoee COMMISSIONERS o` CITY OF OCOEE DANNY HOWELL dj tti, :s SCOTT ANDERSON 3r 150 N.LAKESHORE DRIVE SCOTT A.GLASS v '<4_ ')_.../ p• OCOEE,FLORIDA 34761-2258 NANCY J.PARKER �+� 1�,- . Sv (407)656-2322 y Vf°'' CITY MANAGER ff'P of G00V`�� ELLIS SHAPIRO STAFF REPORT DATE: March 11, 1999 TO: The Honorable Mayor and City Commissioners FROM: Brad Friel, AICP, Capital Projects/Transportation Planner THROUGH: Russ Wagner, AICP, Director of Planning itO SUBJECT: Devon Cove Annexation Ordinance Number 99-14 Case Number AR-98-12-15 ISSUE: Should the Mayor and City Commissioners adopt Ordinance Number 99-14 to annex the above referenced property? BACKGROUND: The subject property is located approximately 150 feet southwest of the intersection of Prairie Lake Boulevard and Log Run Court. The 5.0 acre parcel is vacant. The development potential for this property is approximately 10 single family homes. Prior to recent action that was taken by Orange County and the City of Ocoee to amend the Joint Planning Area Land Use Map, the subject property was not included within the JPA. As such, the property was not included on Ocoee's Future Land Use Map. Accordingly, a companion Small Scale Comprehensive Plan Amendment is also being processed to change the boundaries of Ocoee's Future Land Use Map to include the approximately 5 acre parcel and establish a Low Density Residential classification. The applicant has also requested an Ocoee zoning classification of R1-A, which would be consistent with the above referenced land use designations. Since Orange County and the City of Ocoee have already amended the Joint Planning Area Agreement, the subject property is now located within the Ocoee-Orange County Joint Planning Area (JPA), and it abuts the Ocoee City limits on three sides. With respect to State annexation criteria, Chapter 171.044 of the Florida Statutes grants municipalities the authority to annex contiguous, compact, non-circuitous territory so long as it does not create an enclave. The requested annexation satisfies the above criteria. We have notified Orange County Planning Staff of the Annexation Petition and they have no objections. Accordingly, the C/� Page 2, The Honorable Mayor and City Commissioners Devon Cove Annexation requested annexation is consistent with the JPA Agreement, State annexation criteria, and the standards established by the City. DISCUSSION: Staff has completed the attached Annexation Feasibility & Public Facilities Analysis. We have determined that the City can adequately provide a full range of urban services to the subject property, pending certain infrastructure improvements. As with all new developments in Ocoee, the developer may be required to make certain improvements before subdivision approval, as appropriate. Typically, an Annexation agreement is required as part of the annexation approval process to address right-of-way and/or utility issues. This project also includes an Annexation Agreement, which is attached. This agreement addresses the City's requirement that the applicant provide a local roadway connection ( stub-out) to the property adjacent to the western boundary of the subject property. Staff believes that the western connection could be accommodated without adversely affecting the proposed subdivision, while ensuring that the adjoining property will not be landlocked. DEVELOPMENT REVIEW COMMITTEE MEETING: On January 6, 1999, the Development Review Committee (DRC) met to consider the Devon Cove Annexation request. After considerable discussion, Staff unanimously recommended that the Planning and Zoning Commission recommend approval of the requested annexation with two conditions: 1. Approval subject to the City Commission approving the Joint Planning Area Agreement. (this item is complete) 2. Approval subject to an annexation agreement be entered into which requires an access from the subject property to the property adjoining to the west. PLANNING AND ZONING COMMISSION On March 9, 1999, the Planning and Zoning Commission held a public hearing regarding the requested annexation. Several of the surrounding property owners attended the public hearing. Concerns raised by the property owners included drainage for the site and increased traffic volumes and speeds on Prairie Lake Boulevard. After a brief discussion and after assurances by staff that these issues would be addressed during the subdivision review process, the Planning and Zoning Commission voted unanimously to recommend that the Mayor and City Commissioners annex the property as recommended by Staff. STAFF RECOMMENDATION: Based on the forgoing analysis and the Planning and Zoning Commission recommendation, staff respectfully recommends that the Mayor and City Commissioners adopt Ordinance Number 99-14 to annex the Devon Cove property in Case Number AR-98-12-15, subject to approval of the Annexation Agreement. Attachments: Ordinance Number 99-14 Annexation Feasibility&Public Facilities Analysis Annexation Agreement ORDINANCE NO. 99- 14 CASE NO. AR-98-12-15: DEVON COVE AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ANNEXING INTO THE CORPORATE LIMITS OF THE CITY OF OCOEE, FLORIDA, CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 5.0 ACRES LOCATED APPROXIMATELY 150 FEET SOUTHWEST OF THE INTERSECTION OF PRAIRIE LAKE BOULEVARD AND LOG RUN COURT PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNERS; FINDING SAID ANNEXATION TO BE CONSISTENT WITH THE OCOEE COMPREHENSIVE PLAN, THE OCOEE CITY CODE, AND THE JOINT PLANNING AREA AGREEMENT; PROVIDING FOR AND AUTHORIZING THE UPDATING OF OFFICIAL CITY MAPS; PROVIDING DIRECTION TO THE CITY CLERK; PROVIDING FOR SEVERABILITY; REPEALING INCONSISTENT ORDINANCES; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Section 171.044, Florida Statutes, the owner or owners of certain real property located in unincorporated Orange County, Florida, as hereinafter described, have petitioned the City Commission of the City of Ocoee, Florida (the "Ocoee City Commission") to annex said real property into the corporate limits of the City of Ocoee, Florida; and WHEREAS, the Ocoee City Commission has determined that said petition bears the signatures of all owners of the real property proposed to be annexed into the corporate limits of the City of Ocoee, Florida; and WHEREAS, notice of the proposed annexation has been published pursuant to the requirements of Section 171.044(2), Florida Statutes, and Section 5-9(E) of Article V of Chapter 180 of the Code of Ordinances of the City of Ocoee (the "Ocoee City Code"); and WHEREAS, on February 11, 1994, Orange County and the City of Ocoee entered into a Joint Planning Area Agreement which has been amended from time to time, (the "JPA Agreement"); and WHEREAS, the JPA Agreement affects the annexation of the real property hereinafter described; and WHEREAS, the Planning and Zoning Commission of the City of Ocoee, Florida, has reviewed the proposed annexation and found it to be consistent with the Ocoee Comprehensive Plan, to comply with all applicable requirements of the Ocoee City Code, to be consistent with the JPA Agreement, and to be in the best interest of the City of Ocoee and has recommended to the Ocoee City Commission that it approve said annexation petition; and WHEREAS, the Ocoee City Commission has the authority, pursuant to Section 171.044, Florida Statutes, to annex said real property into its corporate limits upon petition of the owners of said real property; and WHEREAS, the Ocoee City Commission is desirous of annexing and redefining the boundary lines of the City of Ocoee, Florida, to include said real property. NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: SECTION 1. The Ocoee City Commission has the authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida, Chapters 166 and 171, Florida Statutes, and Section 7 of Article I of the Charter of the City of Ocoee, Florida. SECTION 2. The Ocoee City Commission hereby finds that the petition to annex certain lands, as hereinafter described, into the corporate limits of the City of Ocoee, Florida, bears the signatures of all owners of the real property proposed to be annexed into the corporate limits of the City of Ocoee, Florida. SECTION 3. The following described real property located in unincorporated Orange County, Florida, is hereby annexed into the corporate limits of the City of Ocoee, Florida: SEE EXHIBIT "A" (METES AND BOUNDS LEGAL DESCRIPTION) ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. SECTION 4. A map of said land herein described which clearly shows the annexed area is attached hereto as EXHIBIT "B" and by this reference is made a part hereof. SECTION 5. The Ocoee City Commission hereby finds that the annexation of said land herein described is consistent with the Ocoee Comprehensive Plan and the JPA Agreement and meets all of the requirements for annexation set forth in the Ocoee Comprehensive Plan, the JPA Agreement, and Ocoee City Code. SECTION 6. The corporate territorial limits of the City of Ocoee, Florida, are hereby redefined to include said land herein described and annexed. SECTION 7. The City Clerk is hereby authorized to update and supplement official City maps of the City of Ocoee, Florida, to include said land herein described and annexed. SECTION 8. The land herein described and future inhabitants of said land herein described shall be liable for all debts and obligations and be subject to all species of taxation, laws, ordinances, and regulations of the City of Ocoee, Florida, and be entitled to the same privileges and benefits as other areas of the City of Ocoee, Florida. SECTION 9. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion hereto. SECTION 10. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 11. This Ordinance shall take effect upon passage and adoption. Thereafter the City Clerk is hereby directed to file a certified copy of this Ordinance with the clerk of the circuit court and the chief administrative officer of Orange County, Florida and with the Florida Department of State within seven (7) days from the date of adoption. PASSED AND ADOPTED this day of , 1999. ATTEST: APPROVED: CITY OF OCOEE, FLORIDA Jean Grafton, City Clerk S. Scott Vandergrift, Mayor (SEAL) ADVERTISED MARCH 25, 1999 AND APRIL 1, 1999 READ FIRST TIME MARCH 16, 1999 READ SECOND TIME AND ADOPTED UNDER AGENDA ITEM NO. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA. APPROVED AS TO FORM AND LEGALITY this day of , 1999. FOLEY & LARDNER By: City Attorney C:WLL DATAWIPDFILEWNX-REZACTIVEIST.PAUL'S AX RZ\ORDN09826.DOC LEGAL DESCRIPTION Parcel 10-22-28-0000-00074 The West 1/8 of the Southeast ' of the Northwest ' of Section 10, Township 22 South, Range 28 East, Orange County, Florida lying North of the Seaboard Coastline Railroad and Florida Central Railroad. Parcel 10-22-28-0000-00128 The East '/z of the West ' of the Southeast ' of the Northwest 1/4 of Section 10, Township 22 South, Range 28 East, Orange County, Florida lying North of the Seaboard Coastline Railroad and Florida Central Railroad. Exhibit "A" EXHIBIT "B" Devon Cove Location Map ::::::::::::::.:::::,:,::::::::::::::::::::::::::::::::::.,-„.,„.,- ,..:,,,,; ,.....:...,„. , ..,"„,1,..,... .....::::::::::: ::::::::::: :a:::::: iii....: ::::::: ::::..,,F.:,::1-,,T,R;: :: ::::-.. .-a......m....A0, ,W,4117/11 AB .::::::- .::.!,-4,';,..., -;',.11-i!!7:i.;i:...„....;;;,.&:,:!,=.., ::::::::::::::::]:::::::....:Alif aro it*Tit . 1 ::::::::::::::.:::::::..::,s,„aw„.2v;:i,.s:::......,:„,...i,„_.:.:.:.:.:.:.:.:.:......_::,..„ 1 .:.:.:.:.:.:.:::::::::::::::::.:„„v„,e.,„ _::,. -.: -........-:-.....:--, s, ittar A,._ft ..,01Amosi,i, :::::::::::::::::::::......................:„.,,,,,:„...„ „,„....,,,,...x.:::„...., .:::::::::::::::::::::::Rii:ZiMii::::::::::::::::::::::: Ra-,-:.: -3-:,-* •Ab, WHIN --r„. f :::::::::::::::::::::::iiii ::::::::::::::::::::*:.*i*::::**::: in.,ft, 4011 iftlt -:''- ''''''''-''''''''' 0 rg ,, ::: '-;';,-,a%iNtt;i- ' ___ D6 RLN Cr :::::::::::::::::::::::::::::a::::::::::::]M:::::::::::iiiii'0:4a0,1"..u1111111000. TW'4* :;:-''.'-:::.-1.:::: :' '''''''''. , liggi / til£. ' N ,in I A A. . Subjec • G 4 t l a Property ,:r..,,--.7..;.;.,,,,,,:f.:::::::::::::.!,:, _ 1 WO v k AD MOSS RD A. D. IVIimS koa ___ _- ADY Legend: • 0 Subject Property N A, Ocoee-Orange County Joint Planning Area Ocoee City Limits Orange County parcels-outside Ocoee /'/ Ocoee Utility Service Boundary Roads En Lakes City of Ocoee Planning Department Annexation Feasibility & Public Facilities Analysis Date: February 4, 1999 Case Number: AR-98-12-15 Devon Cove Annexation This form is used to evaluate annexation requests to determine the feasibility of providing urban services to individual properties. Each department has filled in the appropriate section and the findings are summarized below. I. Planning Department: Home A. Applicant(s): The Midland Group, Inc., 6529 Aladdin Drive, Orlando, Florida 32818 Contact Phone#: 407-521-7163 B. Property Location: 1. Parcels: 10-22-28-0000-00-074; 10-22-28-0000-00-128; and 03-22-28-2834-01-201 2. Directions: Approximately 300 feet southwest of the intersection of Loq Run Court. and Prairie Lake Boulevard. 3. Size: 5.0 +/- acres C. Use Characteristics: 1. Proposed Residential Units: 10 homes. 2. Projected Population: 30 people. 3. Existing Use: vacant. 4. Proposed Use: Single family homes D. Zoning Classifications and Future Land Use (FLU) Designations: 1. Orange County Zoning Classification: R-1AAA, Residential Urban District 2. Orange County FLU Designation: 1 dwelling unit per acre but CPP policy allows 2 dua 3. Requested City of Ocoee Zoning Classification: R-1A, Single Family Dwelling District 4. Proposed City of Ocoee FLU Designation: Low Density Residential (< 4 d.u.a.) 5. Consistent With: Comp Plan?? Yes. JPA?? No. 6. Comp Plan Amendment Required? Yes. When? Jan/ Feb 99 II. Fire Department: Chief Strosnider A. Estimated Response Time: One to two minutes. B. Distance Traveled (to property): Less than a quarter mile. C. Nearest Fire Hydrant: 450 feet south on Prairie Lake Blvd. D. Fire Flow Requirements: To be determined. III. Police Department: Chief Mark A. Estimated Response Time: Four to five minutes. B. Distance Traveled (to property): Three and a half miles. C. Police Patrol Zone: North. ■ - Page 1 - ■ City of Ocoee Planning Department Annexation Feasibility & Public Facilities Analysis Date: February 4, 1999 Case Number: AR-98-12-15 Devon Cove Annexation IV. Finances: Home A. Theoretical Assessed Value: 1,000,000 (theoretically 10$100,000.00 single family homes.) B. Estimated City of Ocoee Ad Valorem Tax Revenue: $4,000.00 C. Anticipated Licenses & Permits: $55,000.00 D. Total Projected Revenues: $59,000.00 V. Utilities: Shira A. Potable Water Issues: 1. In Ocoee Service Area? Yes. 2. Distance to Nearest Line? Water line is along Prairie Lake Boulevard. 3. Size of Water Main? 16 inches. 4. Est'd Water Demand (300 gpd per ERU)? 3,000 gpd 5. Can City Service this Property? Yes. 6. Extension Needed? Yes. 7. Developer Agreement Needed? Yes. B. Sanitary Sewer Issues: 1. In Ocoee Service Area? Yes. 2. Distance to Nearest Line? None in this vicinity. 3. Size of Sewer Main? None. 4. Est'd Sewer Demand (270 gpd per ERU)? 2,700 gpd 5. Can City Service this Property? Yes. 6. Extension Needed? Yes. 7. Developer Agreement Needed? Yes. C. Other Utility Issues: Bob Smith 1. Utility Easement Needed? Possibly, as part of the subdivision approval process. 2. Private Lift Station Site Needed? No. 3. Well Protection Area Needed? None. 4. Other Comments: None. ■ - Page 2 - • City of Ocoee Planning Department . Annexation Feasibility & Public Facilities Analysis Date: February 4, 1999 Case Number: AR-98-12-15 Devon Cove Annexation VI. Transportation: Friel A. Paved Access to Property? No. Describe: Needs access off of Prairie Lake Boulevard to proposed annexation land. B. ROW Dedication? Yes, internal subdivision roads. Specify: Meet City of Ocoee standards for roadway width, design, etc. C. Traffic Study: Possibly required as part of subdivision approval process. D. Traffic Zone: E. Other Traffic Improvements Needed: No. VII. Preliminary Concurrency Evaluation: Friel A. Transportation: At the time of the analysis, sufficient roadway capacity existed to accommodate the proposed annexation. This condition may change and will be subject to an official concurrency evaluation during the subdivision plan approval process. B. Parks/Recreation: At the time of the analysis, sufficient park capacity existed to accommodate the proposed annexation. This condition may change and will be subject to an official concurrency evaluation during the subdivision plan approval process. C. Sewer/Water Capacity: At the time of the analysis, sufficient sewer and water capacity existed to accommodate the proposed annexation. This condition may change and will be subject to an official concurrency evaluation during the subdivision plan approval process. D. Stormwater: The applicant will be required to handle stormwater retention on-site. E. Solid Waste: At the time of the analysis, sufficient solid waste disposal capacity existed to accommodate the proposed annexation. This condition may change and will be subject to an official concurrency evaluation during the subdivision plan approval process. F. Potential Impact Fees: The following fees are given for illustrative purposes only and are based on 10 theoretical 2,000 square foot homes. Actual impact fees will be calculated during the subdivision plan approval process. 1. Water: $9,660.00 5. Police: $13,950.00 2. Sewer: N/A- on septic. 6. Fire: $1,720.00 3. Irrigation: $9,660.00 7. Recreation: $2,220.00 4. Traffic: E. Other Issues: None. VIII. Building Department: Flippen/ Harper A. Anticipated Licenses & Permits: $55,000.00 B. Within 100 year flood plain: No. IX. Specify Other Comments & Considerations Below: None. RWHORNENALL_DATAWNX-REZ Active\DevonCoveAX1ANFDevon.doc ■ - Page 3 - ■ THIS INSTRUMENT PREPARED BY: Martha H. Formella, Esq. FOLEY& LARDNER 111 North Orange Avenue, Suite 1800 Post Office Box 2193 Orlando, FL 32802-2193 (407)423-7656 • AFTER RECORDING RETURN TO: For Recording Purposes Only Jean Grafton, City Clerk CITY OF OCOEE 150 North Lakeshore Drive Ocoee, Florida 34761 Case No.: AR-98-12-15: Devon Cove ANNEXATION AGREEMENT [Roadway Connection] THIS ANNEXATION AGREEMENT (this "Agreement") is made this day of , 1999, by and between the CITY OF OCOEE, a Florida municipal corporation (hereinafter referred to as the "City"), whose mailing address is 150 North Lakeshore Drive, Ocoee, Florida 34761, and THE MIDLAND GROUP, INC. (hereinafter collectively referred to as the "Owner"), whose mailing address is 6529 Aladdin Drive, Orlando, Florida 32818. RECITALS WHEREAS, the Owner owns fee simple title to certain property located in Orange County, Florida, said property being more particularly described in Exhibit "A" attached hereto and by this reference made a part hereof(the "Property"); and WHEREAS, pursuant to Section 171.044, Florida Statutes, the Owner has petitioned the City Commission of the City (the "Ocoee City Commission") to voluntarily annex the Property into the corporate limits of the City (the "Petition"); and WHEREAS, the Planning and Zoning Commission has held a public hearing to review the Petition and at such hearing found the annexation of the Property to be consistent with the Ocoee Comprehensive Plan and Joint Planning Area Agreement between the City and Orange County (the "JPA Agreement"), and has recommended that the Ocoee City Commission annex the Property into the corporate limits of the City; and WHEREAS, the City has required that the Owner execute this Agreement as a condition precedent to the consideration of the Petition by the Ocoee City Commission; and aa,, nrtnCII 1 'WHEREAS, the Ocoee City Commission has reviewed the proposed annexation and found the proposed annexation to be consistent with the Ocoee Comprehensive Plan and the JPA Agreement and to represent a minimal fiscal and level of service impact on the City; and WHEREAS, the City has determined that the execution of this Agreement is essential to the public health, safety and welfare and the ability of the City to plan for proper traffic circulation in the vicinity of the Property in accordance with the Ocoee Comprehensive Plan; and WHEREAS, the City has determined that, subject to the terms, conditions and limitations hereinafter set forth, it is feasible to extend municipal services to the Property on the same terms and conditions afforded to all property owners within the City except to the extent set forth in this Agreement; and WHEREAS, the City has conducted an Annexation Feasibility & Public Facilities Analysis with respect to the annexation of the Property and determined that this Agreement and the annexation of the Property is consistent with the goals, objectives and policies of the Ocoee Comprehensive Plan. NOW, THEREFORE, in consideration of the mutual premises hereof, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: SECTION 1. RECITALS. The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. ROADWAY CONNECTION. The Final Subdivision Plan and Plat for the Property shall provide for a local roadway connection through the Property for the benefit of certain land adjacent to the western boundary of the Property. SECTION 3. ANNEXATION OF THE PROPERTY. Prior to the execution of this Agreement by the City, the Ocoee City Commission has adopted Ordinance No. 99- for Case No. AR-98-12-15, thereby redefining the corporate territorial limits of the City to include the Property. SECTION 4. NOTICE: PROPER FORM. Any notices required or allowed to be delivered shall be in writing and be deemed to be delivered (1) when hand delivered to the official hereinafter designated, or (2) upon receipt of such notice when deposited in the United States mail, postage prepaid, certified mail, return receipt requested, addressed to the party at the address set forth opposite the party's name below, or at such other address as the party shall have specified by written notice to the other party delivered in accordance herewith. Owner: The Midland Group, Inc. Attn: Lee Marshall, President 6529 Aladdin Drive Orlando, Florida 32818 CrrY: City of Ocoee Attn: City Manager 150 North Lakeshore Drive Ocoee, Florida 34761 SECTION 5. NOTICES; DEFAULT. Each of the parties hereto shall give the other party written notice of any default hereunder and shall allow the defaulting party thirty (30) days from the date of its receipt of such notice within which to cure any such defaults or to commence and thereafter diligently pursue to completion good faith efforts to effect such cure and to thereafter notify the other parties of the actual cure of any such defaults. This Agreement is enforceable at law or in equity by the non-defaulting party, including, but not limited to the right of specific performance. SECTION 6. BINDING AGREEMENT ON SUCCESSORS. This Agreement shall be binding upon and shall inure to the benefit of the Owner, the City, and their respective successors and assigns and shall run with the land. SECTION 7. RECORDATION. hereto agree this Agreement shall be recorded in the Public Records Orange County, at the expense of the Owner. SECTION 8. APPLICABLE LAW and s Agreement ando the the laws of provisions contained herein shall be construed, controlled, interpreted according g tState of Florida. SECTION 9. SEVERABILITY. If any part of this Agreement is found invalid or unenforceable by any court, such invalidity or unenforceability shall not affect the other part of this Agreement if the rights and obligations of the parties contained therein are not materially prejudiced and if the intentions of the parties can continue to be effected. SECTION 10. RECOVERY OF ATTORNEYS' COSTS AND FEES. In connection with any litigation between the City and the Owner, including appellate proceedings arising out of this Agreement or the violation of any law, rule, regulation, ordinance, resolution, or permit, the prevailing party shall be entitled to recover from the other party reasonable attorneys' fees, paralegal fees, and costs hereunder, whether incurred prior to, during or subsequent to such court proceedings, on appeal or during any bankruptcy proceedings. SECTION 11. ENTIRE AGREEMENT. This instrument and its exhibits constitute the entire Agreement between the parties and supersedes all previous discussions, understandings, and agreements between the parties ting to the subject herein shall be made byter of the parties is Agreement. Amendments to and waivers of the provisions in writing by formal amendment which shall be recorded in the Public Records of Orange County, Florida at the Owner's expense. -3- SECTION 12. COUNTERPARTS. This Agreement and any amendments hereto may be executed in any number of counterparts,shall constitute one and the samern srumentan ginal instrument, but all such counterparts together SECTION 13. EFFECTIVE DATE. This Agreement shall first be executed by the Owner and submitted to the City for approval by the Ocoee City Commission. Upon approval by the Ocoee City Commission, this Agreement shall be executed by the City. The Effective Date of this Agreement shall be the date of execution by the City. IN WITNESS WHEREOF, the City has caused this Agreement to be duly executed the day and year first above written. Signed, sealed and delivered "CITY" in the presence of: CITY OF OCOEE, a Florida municipal corporation By: Signature S. Scott Vandergrift, Mayor Print/Type Name Attest: Jean Grafton, City Clerk Signature (SEAL) Print/Type Name FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA. APPROVED AS TO FORM AND LEGALITY this day of 1999. FOLEY & LARDNER APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING HELD ON , 1999 UNDER AGENDA By: ITEM NO. City Attorney •A STATE OF FLORIDA COUNTY OF ORANGE I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgements, personally appeared S. SCOTT VANDERGRIFT and JEAN GRAFTON, personally known to me to be the Mayor and City Clerk, respectively, of the CITY OF OCOEE, a Florida municipal corporation, and that they severally acknowledged executing the same on behalf of said municipality in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in them by said municipality. WITNESS my hand and official seal in the County and State last aforesaid this day of , 1999. • 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): -5- IN WITNESS WHEREOF, the Owner has caused this Agreement to be duly executed the day of , 1999. Signed, sealed and delivered "OWNER" in the presence of: THE MIDLAND GROUP, INC., a corporation By: Signature Name: Print/Type Name Title: Signature Print/Type Name (CORPORATE SEAL) STATE OF COUNTY OF I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgements, personally appeared as of a corporation, who [ ] is personally known to me or [ ] produced as identification, and that he/she acknowledged executing the foregoing instrument on behalf of said corporation, in the presence of two subscribing witnesses, freely and voluntarily under authority duly vested in him/her, and that the seal affixed hereto is the true corporate seal of said corporation. WITNESS my hand and official seal in the County and State last aforesaid this day of , 1999. 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): • -6- EXHIBIT "A" The Property [ To Be Provided By City Or Owner ] LEGAL DESCRIPTION 10-22-28-0000-00128 EE of W4 of SE4 of NW4 lying N of SCL RR Or B&P 4791/3016, on 09-02-94; Inst '+!D 10-22-28-0000-00074 W1/8 of SE1/4 of NW1/4 Lying N of SCL RR Or B&P 4402/3102,On 04-16-92 Inst QC JOINDER, CONSENT, AND SUBORDINATION The undersigned hereby certifies that is the holder of a mortgage, lien or other encumbrance upon a portion of the above described property, and that the undersigned hereby joins in and consents to the foregoing instrument by the owner thereof and agrees that the mortgage, lien or otherencumbranceumbrance by of in in the original principal amount of $ , which is recorded in Official Records Book , Page , all of the Public Records of Orange County of Florida, shall be subordinated to the foregoing instrument. IN WITNESS WHEREOF, the undersigned has caused this Joinder, Consent and Subordination to be duly executed by its authorized officer or representative this day of , 19 Signed, sealed and delivered "OWNER" in the presence of: a By: Signature Name: Print/Type Name Title: Signature (CORPORATE SEAL) Print/Type Name -R- STATE OF ) COUNTY OF ) THIS IS TO CERTIFY that on this day of , 199_, before me, an officer duly authorized to take acknowledgements in the State and County aforesaid, personally appeared , as of , who [ ] is personally known to me or [ ] produced as identification, and that he/she acknowledged executing the foregoing instrument on behalf of said , in the presence of two subscribing witnesses, freely and voluntarily under authority duly vested in him/her. IN WITNESS WHEREOF, I have hereunto set my hand and seal on the above date. 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): • • • -9-