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Home My WebLink AboutVI(A7 a,b,c,d) Ordinance No. 99-19, Olympia Development, Rezoning to PUD, case No. LS-98-007.A.Preliminary Subdivsion Plan B.Public Building Use - Public Library C.Public Building Use - Public Elementary School D. Annexation And Development Agreement Agenda 4-U0-99 • Item VIA 7 a,b,c,d "CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" MAYOR•COMMISSIONER S. SCOTT VANDERGRIFT Ocoee �• •f COMMISSIONERS •� o CITY OF OCOEE DANNYHOWELL 150 N.LAKESHORE DRIVE SCOTT ANDERSON v p RUSTY J OCOEE,FLORIDA 34761-2258 (407)656-2322 NANCY J..PARKER 1> A% CITY MANAGER OP G00%:". ELLIS SHAPIRO STAFF REPORT DATE: March 31, 1999 TO: The Honorable Mayor and City Commissioners FROM: Robert Lewis, AICP, Senior Planner THROUGH: Russ Wagner, AICP, Director of Planning j SUBJECT: Olympia PUD Land Use Plan and Preliminary Subdivision Plan Ordinance No. 99-19 Project#LS98-007 ISSUE: Should the Mayor and City Commissioners adopt Ordinance No. 99-19 establishing a PUD Land Use Plan and a Preliminary Subdivision Plan for the Olympia PUD? BACKGROUND: The proposed Olympia PUD is a 37.8 acre multi-use development with several commercial lots, a public library site and a public elementary school site. The project is located at the southeast corner of Silver Star Road and Clarke Road. The current Orange County zoning of the property is A-1, Agricultural. The zoning of surrounding properties is C-2 and R-1-AA to the east, R-1-A and A-1 (County) to the south. The zoning on the north side of Silver Star Road and on the west side of Clarke Road is C-2. The future development of the subject property has been under consideration for quite some time. The entire site (37.8 acres) currently has a future land use designation of Low Density Residential on the City's Future Land Use Map. Both the City and Orange County recently approved an amendment to the Joint Planning Area Agreement changing the designation of 15 acres of the property to Commercial. Accordingly, a Small Scale Comprehensive Plan Amendment is also being processed concurrent with this PUD to change the land use designation of 9.98 acres to Commercial. The change to allow a Commercial designation on a portion of the subject property is balanced against the developer providing a 5 acre parcel for a new Orange County Library site at a reduced cost. The remainder of the site (including the library site, the school'site, and common retention areas) will keep the Low Density Residential future land use designation, since these uses are permissible within this classification. March 31, 1999 • Honorable Mayor and City Commissioners Page 2 DISCUSSION: The proposed development plan for the Olympia PUD includes six commercial lots ranging in size from 1.17 acres to 2.02 acres. All the commercial lots have frontage on Silver Star Road and Clarke Road. The northeastern portion of the property is devoted to the new Orange County Branch Library site and a common retention pond. There is a second common retention pond in the center of the property. The remaining 16.76 acres is devoted to the new public elementary school site. The land uses permitted within the commercial portion of the PUD will generally be those permitted in the C-2 zoning district. Uses permitted with a Special Exception generally require a Special Exception within a PUD; however, the Developer has requested a waiver for certain Special Exception uses in order to minimize permit processing time. The waiver would apply to the uses identified in the Waiver Table in Condition# 11 (Sheet 6). The PUD Land Use Plan provides for a directional left access point (left in, but no left out) and a right-in / right-out access point along Silver Star Road. It also provides two full access points and a right-in / right-out access point along Clarke Road. There is also an extensive internal network of driveways and sidewalks which provides opportunities for cross-access between all the sites in the PUD. In order to reduce potential impacts on the surrounding neighborhoods, a 50 foot building setback and a 25 foot landscape buffer along the southern and eastern boundaries of the PUD will be provided according to the Conditions of Approval in the PUD and normal Code requirements. The intersection of Silver Star and Clarke Road has been identified in the Ocoee Comprehensive Plan as an Activity Center, although there have not been any special development standards adopted for this area. However, the City has adopted special development standards for the four Activity Centers along the State Road 50 corridor, and the City Commission has directed that these standards be adopted throughout the City. Since this proposed development is a PUD, Staff has encouraged the Developer to apply the special development standards adopted for the SR 50 corridor within the Olympia PUD. The Developer has agreed to that requirement, with a few exceptions which are listed in the Conditions of Approval on Sheet 6 of the plan set. In conjunction with the annexation of the subject property and this PUD zoning application, there is also an Annexation and Development Agreement which provides for additional right-of-way to be dedicated for Silver Star Road and Clarke Road. The Annexation and Development Agreement will be considered for approval by the City Commission on the same meeting agenda as that for the Annexation, Future Land Use Map Amendment, the PUD Land Use Plan and Preliminary Subdivision Plan. Since the library and school are public buildings within the meaning of Section 5-7B of the Land Development Code, they may be located in any zoning district after a public hearing. Accordingly, it will be necessary to hold separate public hearings on the locations of these proposed uses within the Olympia PUD. March 31, 1999 • Honorable Mayor and City Commissioners Page 3 City of Ocoee Staff recently met with the Florida Department of Transportation (FDOT) staff to discuss access issues on Silver Star Road relative to their plans for widening that road. It was determined that in order for FDOT to justify maintaining an eastbound right turn lane, as shown in the Olympia PUD plans, the main access road from Silver Star into the site (between Lots 6 and 7) needs to be a public road rather than a private road as currently shown. Based upon conversations with the Developer,this change to the plans is acceptable. The City also recently received a letter from the Florida Department of Community Affairs (DCA) stating that local governments will now be required to establish policies to locate schools and libraries together whenever possible, and to locate libraries with commercial uses whenever possible. The City of Ocoee has been working on this project for almost two years to accomplish what the state is now requiring for locating these uses together. The attached PUD Land Use Plan and Preliminary Subdivision Plan for the Olympia PUD was reviewed by the Development Review Committee (DRC) on February 19, 1999. The Committee voted unanimously to recommend approval of the Plan, subject to a few adjustments to the plan and subject to City Commission approval of the accompanying Annexation and Development Agreement. All concerns of City Staff and our consultants have been satisfactorily addressed in the plans submitted for the P &Z Commission meeting. PLANNING & ZONING COMMISSION RECOMMENDATION: On March 9, 1999, the Planning and Zoning Commission held a public hearing regarding the Olympia PUD Land Use Plan and Preliminary Subdivision Plan. The proposed locations for the public buildings - the library and the elementary school - were also considered. During the hearing, representatives from the developer, the Library Board and the School Board, as well as the Chairman of the Education Commission, a former City Commissioner and a few other citizens spoke in support of the PUD plan. There were also several home owners from the a Silver Bend subdivision who spoke, expressing concerns about various issues. As the home owners expressed their concerns, it was made clear that they were generally not opposed to the project, but they were concerned that there should be more effort to have the Silver Bend residents involved with the planning process for this project to make sure site plan solutions would take their best interests into consideration. The primary issues raised by the home owners involved the landscape buffer, drainage issues and traffic issues. Some of the residents felt the landscape buffer should include a 6 foot brick wall. These issues were discussed at length, although Staff indicated that no other elementary school in Orange County has a brick wall. Additionally, safety concerns regarding having an opaque wall were discussed. Staff assured the residents that these concerns would be addressed as part of the Final Plans for the project. During its deliberation, the P & Z Commission agreed that the residents should be involved in the review process. The school and library officials together with City Staff agreed to arrange meetings with the home owners to work on the issues that they had concerns about and to come up with reasonable solutions. With this in mind, the Planning and Zoning Commission voted unanimously to recommend approval of the Olympia PUD Land Use Plan and Preliminary March 31, 1999 Honorable Mayor and City Commissioners Page 4 Subdivision Plan, together with the proposed locations for the library and the elementary school on this site, according to Staff s recommendation. STAFF RECOMMENDATIONS: Based on the recommendations of the DRC and the Planning and Zoning Commission, Staff respectfully recommends that: 1) The City Commission adopt Ordinance No. 99-19 establishing the PUD Land Use Plan for the Olympia PUD, as date stamped received by the City on March 4, 1999, including the Activity Center standard exceptions and Special Exception waivers requested thereon, subject to the following: • Annexation of the subject property; • Approval of the Annexation and Development Agreement; • The Small Scale Comprehensive Plan Amendment for Commercial Land Use becoming effective; • Approval of the Preliminary Subdivision Plan for the Olympia PUD; • Approval of a public library on Lot 7 as shown on the PUD Land Use Plan and Preliminary Subdivision Plan; • Approval of a public elementary school on Lot 8 as shown on the PUD Land Use Plan and Preliminary Subdivision Plan; and • The main access road from Silver Star Road into the site being changed to a public road rather than a private road as currently shown on the plans. 2) The City Commission approve the Preliminary Subdivision Plan for the Olympia PUD, as date stamped received by the City on March 4, 1999. 3) The City Commission approve a public library on Lot 7 as shown on the PUD Land Use Plan and Preliminary Subdivision Plan for the Olympia PUD, as date stamped received by the City on March 4, 1999. 4) The City Commission approve of a public elementary school on Lot 8 as shown on the PUD Land Use Plan and Preliminary Subdivision Plan for the Olympia PUD, as date stamped received by the City on March 4, 1999. Attachments: Location Map Ordinance No.99-19 Public Hearing Advertisement Copy of a letter from an adjacent property owner regarding buffers PUD Land Use Plan and Preliminary Subdivision Plan,date stamped March 1, 1999 P:\RLEWIS\ALL_DATA\rlpdfile\Staff Reports(1999)\SR99026.doc Olympia Development Location Map 33�"::�:Isar A: - �aasai,!/�a1• :ai r..-:„_:.-,,><.- Ut :r.:',;"' - -- oiler? leas! r" (- `� lig ... �. rs� °.a.♦.`` do ,:.N. Ct g �® ,�' i�C a�� • tll/iila Ilk. � 8-`' .. r`i A. ♦♦ ♦ ;r+afuan `4 , f ' ••A 8 r'i a s,.. // x 1 °�♦ O ♦. 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I u nee $, IMF:ohms: om .1.➢016 ■`■i -F r A,f ay a 0AT}l"}l�t 1u11m= Yyy�}t`Yti't } a■111h11s mill►oA.iIO r . .iah■lh/@ ell x r t 1 Ulfm WILLLLI LI "'-"t" ■ ■hlll11618ip EN na:sltllhP'o�l t h■ ® ■ i=■■ells III � ': ® •fur. sra!r. ;gaup " I iPR■ l�■/ f1Tr T ]Icu?TTITf �L�\//pn hrllli■t _ ;0llllld s 81�■i m - - s _ , - RIFT Y��. .Tr u n .t Zi j��]jy m -` Legend: 1 ® Subject Property NOcoee-Orange County Joint Planning Area , : Ocoee City Limits i7-701N I 1 Orange County parcels-outside Ocoee / / Ocoee Utility Service Boundary Roads :? Lakes • ORDINANCE NO. 99-19 PROJECT NO. LS-98-007: OLYMPIA DEVELOPMENT AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING CLASSIFICATION FROM ORANGE COUNTY, "A-1", CITRUS RURAL DISTRICT, TO OCOEE, "PUD", PLANNED UNIT DEVELOPMENT DISTRICT, ON CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 37.8 ACRES LOCATED ON THE SOUTHEAST CORNER OF SILVER STAR ROAD AND CLARKE ROAD INTERSECTION, PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNERS; FINDING SUCH ZONING TO BE CONSISTENT WITH THE OCOEE COMPREHENSIVE PLAN, THE OCOEE CITY CODE, AND THE JOINT PLANNING AREA AGREEMENT; PROVIDING FOR AND AUTHORIZING THE REVISION OF THE OFFICIAL CITY ZONING MAP; REPEALING INCONSISTENT ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission of, the City of Ocoee, Florida (the "Ocoee City Commission"), has as of the date of adoption of this Ordinance, annexed into the corporate limits of the City of Ocoee, Florida certain real property now located in the City of Ocoee, Orange County, Florida as hereinafter described; and WHEREAS, the owner or owners (the "Applicant") of certain real property located within the corporate limits of the City of Ocoee, Florida, as hereinafter described, have submitted an application to the City Commission to rezone and establish an initial zoning classification for said real property of Ocoee, °PUD", Planned Unit Development District (the "Initial Zoning"); and WHEREAS, pursuant to Section 5-9(B) of Article V of Chapter 180 of the Code of Ordinances of the City of Ocoee (the "Ocoee City'Code"), the Planning Director has reviewed said application and determined that the Initial Zoning requested by the Applicant is consistent with the 1991 City. of Ocoee Comprehensive Plan as set forth in Ordinance No. 91-28, adopted September 18, 1991, as amended (the "Ocoee Comprehensive Plan"), 'subject to a Comprehensive Plan amendment adopting a Future Land Use designation of Commercial on a portion of the property (the "Comprehensive Plan Amendment") becoming effective; 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 future land use of the real property hereinafter described; and WHEREAS, pursuant to the provisions of Section 6(B) of the JPA Agreement, the City has the authority to establish an initial zoning for the lands herein described and to immediately exercise municipal jurisdiction over such lands for the purposes of Part II of Chapter 163, Florida Statutes; and WHEREAS, said Initial Zoning application was scheduled for study and recommendation by the 'Planning and Zoning Commission of the City of Ocoee, Florida (the "Planning and Zoning Commission"); and WHEREAS, the Planning and Zoning Commission has held a public hearing and reviewed said Initial Zoning application for consistency with the Ocoee Comprehensive Plan and the JPA Agreement and determined that the Initial Zoning requested by the Applicant is consistent with the Ocoee Comprehensive Plan subject to the Comprehensive Plan Amendment becoming effective and the JPA Agreement and is in the best interest of the City and has recommended to the Ocoee City Commission that the zoning classification of said real property be Ocoee, "PUD", Planned Unit Development District as requested by the Applicant, and that the Ocoee City Commission find that the Initial Zoning requested by the Applicant is consistent with the Ocoee Comprehensive Plan subject to the Comprehensive Plan Amendment becoming effective and the JPA Agreement; and WHEREAS, the Ocoee City Commission has held a de novo public hearing with official notice thereof and with respect to proposed Initial Zoning of said real property; and WHEREAS, this Ordinance, has been considered by the Ocoee City Commission in accordance with the procedures set forth in Section 166.041 (3)(a), Florida Statutes. • NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: SECTION 1. AUTHORITY. The Ocoee City Commission has the authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida, and Chapters 163 and 166, Florida Statutes. SECTION 2. INITIAL ZONING. The zoning classification, as defined in the Ocoee City Code, of the following described parcel of land containing approximately 37.8 acres located within the corporate limits of the City of Ocoee, Florida, is hereby changed from Orange County "A-1", Citrus Rural District to Ocoee,,"PUD", Planned Unit Development District: SEE EXHIBIT "A" (METES AND BOUNDS. LEGAL DESCRIPTION) ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. SECTION 3. MAP. A map of said land herein described which clearly shows the area of Initial Zoning is attached hereto as EXHIBIT "B" and by this reference is made a part hereof. SECTION 4. LAND USE PLAN. The following Land Use Plan for said real property is hereby approved subject to the conditions of approval set forth therein: That certain Olympia PUD Land Use . Plan / Preliminary Subdivision Plan prepared by Post, Buckley, Schuh & Jernigan, Inc. (PBS&J) dated March 3, 1999 and stamped received by the City of Ocoee on March 4, 1999. The above described Land Use Plan is attached hereto as EXHIBIT "C" and by his reference made a part hereof. SECTION 5. COMPREHENSIVE PLAN AND JPA CONSISTENCY. The Ocoee City Commission hereby finds the Initial Zoning of the lands described in this Ordinance to be consistent with the Ocoee Comprehensive Plan, subject to the Comprehensive Plan Amendment becoming effective, and the JPA Agreement. SECTION 6. OFFICIAL ZONING MAP. The City Clerk is hereby authorized and directed to revise the Official Zoning Map of the City of Ocoee in order to incorporate the Initial Zoning amendment enacted by this Ordinance and the Mayor and City Clerk are hereby authorized to execute said revised Official Zoning Map in accordance with the provisions of Section 5-1(G) of Article V of Chapter 180 of the Ocoee City Code. SECTION 7. INCONSISTENT ORDINANCES. All ordinances or parts of ordinances in conflict herewith are hereby repealed and rescinded. . . SECTION 8. SEVERABILITY. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion hereto. . SECTION 9. EFFECTIVE DATE. This Ordinance shall take effect on the date that the Comprehensive Plan Amendment (Case No. SSCPA-98-002) adopted as Ordinance No. 99-18 becomes effective. 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 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 11GIS_DOCIPLANNINGWHORNEWLLDATA\ANX-REZ1Active\OlympiaAP\RZORD99-19.doc EXHIBIT "A" (Page 1 Of 2) LEGAL DESCRIPTION PEASE TRUST PROPERTY (REMAINDER) A TRACT OF LAND BEING THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 16, TOWNSHIP 22 SOUTH, RANGE 28 EAST, LESS THAT PORTION OF THE RIGHT—OF— WAY OF CLARKE ROAD DESCRIBED IN OFFICIAL RECORDS BOOK 4331, PAGE 1923 OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA AND LESS THAT PART OF SILVER STAR ROAD DEEDED IN DEED BOOK 400, PAGE 252 AND TAKEN IN MINUTE BOOK 17, PAGE 502 OF SAID PUBLIC RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF THE AFORESAID PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 4331, PAGE 1923 FOR A POINT OF BEGINNING, SAID POINT ALSO LYING ON THE EASTERLY RIGHT—OF—WAY LINE OF AFORESAID CLARKE ROAD; THENCE RUN ALONG SAID EASTERLY RIGHT—OF— WAY LINE THE FOLLOWING COURSES: NORTH 0010'51" EAST, 257.52 FEET; SOUTH 89'49'09" EAST, 15.00 FEET; NORTH D010'51" EAST, 20.00 FEET; NORTH 89'49'09" WEST, 15.00 FEET; NORTH 0010'51" EAST, 644.00 FEET; NORTH 02'05'25" EAST, 180.10 FEET; NORTH 0010'51" EAST, 145.61 FEET; NORTH 44'54'59" EAST, 63.93 FEET TO A POINT LYING ON THE SOUTH RIGHT— OF—WAY UNE OF SILVER STAR ROAD; THENCE, DEPARTING SAID EASTERLY RIGHT—OF—WAY LINE OF CLARKE ROAD, RUN NORTH 89'39'07" EAST, ALONG SAID SOUTH RIGHT—OF—WAY UNE OF SILVER STAR ROAD, 1223.99 FEET TO THE EAST UNE OF THE AFORESAID NORTHWEST QUARTER OF THE SOUTHEAST QUARTER; THENCE RUN SOUTH 00'04'18" WEST, ALONG SAID EAST LINE OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER. 1292.73 FEET TO THE SOUTH UNE OF SAID NORTHWEST QUARTER OF THE SOUTHEAST QUARTER; THENCE RUN. SOUTH 89'40'55" WEST, ALONG SAID SOUTH UNE OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER, 1277.44 FEET TO • THE POINT OF BEGINNING. THE ABOVE DESCRIBED TRACT OF LAND UES IN ORANGE COUNTY, FLORIDA AND CONTAINS 37.794 ACRES, MORE OR LESS. SURVEYOR'S NOTES: (1) REPRODUCTIONS OF THIS SKETCH ARE NOT VALID UNLESS SEALED WITH THE SURVEYOR'S EMBOSSED SEAL (2) LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHTS—OF—WAY, EASEMENTS, OWNERSHIP, OR OTHER INSTRUMENTS OF RECORD BY THIS FIRM. (3) BEARINGS SHOWN HEREON ARE RELATIVE TO AN ASSUMED BEARING BASED ON THE SOUTH UNE OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 16, TOWNSHIP 22 SOUTH, RANGE 28 EAST, BEING SOUTH 89'40'55' WEST. (4) THE 'LEGAL DESCRIPTION' HEREON HAS BEEN PREPARED BY THE SURVEYOR AT THE CLIENT'S REQUEST. (5) THE DEUNEATION OF LANDS SHOWN HEREON ARE AS PER THE CLIENT'S INSTRUCTIONS. CERTIFICATION: WE HEREBY CERTIFY THAT THIS LEGAL DESCRIPTION IS TRUE AND CORRECT TO THE BEST OF OUR KNOWLEDGE AND BELIEF AS PREPARED UNDER OUR DIRECTION IN JULY, 1995. WE FURTHER CERTIFY THAT THIS LEGAL DESCRIPTION MEETS THE MINIMUM TECHNICAL STAN— DARDS SET FORTH IN CHAPTER 61G17-6 (F.A.C.) ADOPTED BY THE FLORIDA BOARD OF SURVEYORS AND MAPPERS, PURSUANT TO FLORIDA STATUTES 472.027. Ø' 11 DAVID A. WHITE, FLORIDA REGISTRATION NO. 4044 i 7/2e/95 REHSED RANCE CCHnnER SHEET 1 OF 2 No. DATE ItEVISICN PECI PROFESSIONAL ENGINEERING CONSULTANTS, INC. Iengineers planners surveyors om 1560 Ec A PAW CNnr 200 Eur Altir6a/ Sneer Qt.Yc„ Flowo.4 JI$CI h07/1.22400.1 %-........—, EXHIBIT "A" (Page 2 of 2) LEGAL DESCRIPTION SILVER STAR ROAD (80'R/W) N. LINE NW 1/4, SE 1/4 _ (09-40Q PC 252)(1+8 17, PG 402) r SECTION 16-22-26___ N 89'39'07" E 1223.99' r .'r'1 5' x______. �—50Ui1T R/`N LINE ___ N 44'S4'S9" E w 63.93' r W. SCALE 0• I- = T00' Z• - 0 N W N NW 1/4, SE 1/4 N o SECTION 16-22-28 8 i •O O N CO 6 ' o N O J O O F2 z t. 37.795 ACRES± 1 y SUBJECT TO a UTLITY EASE1AETIT w >' 0.8. 547,PG 366) o Y w (O.B. 547,PG 365) _ Q g ' z U Ind _ 0, . z Z -3 . o L-2 o SVBJECT TO: PERMANENT IWAINAGE EASEMENT LLI (ORB 4331.PG 1923) in Ni...., ^ O ,-,• i N • • SOUTH LINE OF NW 1/4 OF j SE 1/4 OF SECTION 16-22-28 P.0.6 S 89'40'55" W 1277.44' SOUTHEAST CORNER (ORB 4331, PG 1923) • LE-GEIC CENTERLINE NOT PLATTED POB - POINT OF BEGINNING L*E DATA L-/ - LINE GEOMETRY ia8 - MAP BOOK l-1 S. 89'49'09" E. 15.00' D.B. - DEED 800K . l-2 - N. 00'10'51' E. 20.00' R/W - RIGHT-OF-WAY L-3 - N. 89'49'09" W. 15.00' ORB - OFFICIAL RECORDS BOOK SEE SHEET I OF 2'FOR LEGAL DESCRIPTION AND SURVEYOR'S NOTES 1 7/28/93 " RENSED RAMCC OERTI$1ER SHEET 2 OF 2 NO. DATE REVISION pEC 1 PROFESSIONAL ENGINEERING CONSULTANTS, INC. engineers planners surveyors Sum Qd0 Eau Port Cam! 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LS-98-007:OLYMPIA DEVELOPMENT NOTICE IS HEREBY GIVEN pursuant to Section 166.041,Florida Statutes,and Sections 1-10, 5-7, and 5-9, Ocoee Land Development Code,that on April 6,1999 at 7:15 p.m.,or as soon thereaf- ter as practical,the OCOEE CITY COM- MISSION will hold PUBLIC HEARINGS at the City Commission Chambers,150 North Lakeshore Drive,Ocoee,Florida, to consider:1)adoption of the following ordinance: .AN ORDINANCE OF THE CITY.OF • OCOEE, FLORIDA, CHANGING THE', ZONING CLASSIFICATION FROM OR- ANGE COUNTY, litt-1°.,CITRUS RURAL DISTRICT, TO OCOEE, °PUD°, PLANNED UNIT DEVELOPMENT DIS- TRICT,ON CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 37.8 ACRES LOCATED ON THE SOUTH- EAST CORNER OF SILVER STAR ROAD AND CLARKE ROAD INTERSEC- TION, PURSUANT TO THE APPLICA- TION SUBMITTED BY THE PROPERTY OWNERS;FINDING SUCH ZONING TO BE CONSISTENT WITH THE OCOEE COMPREHENSIVE PLAN,THE OCOEE• CITY CODE,AND THE JOINT PLAN- NING AREA AGREEMENT;PROVIDING FOR AND AUTHORIZING THE REVI- SION OF THE OFFICIAL CITY ZONING MAP;REPEALING INCONSISTENT OR- DINANCES;,PROVIDING FOR SEVER- ABILITY;PROVIDING FOR AN EFFEC- TIVE DATE. 2)approval of a public library pn Lot 7 of the PUD;and 3)approval of a public elementary school on Lot 8 of the PUD. The City Commission may ontinue the public hearings to other,,dates.yand times as they deeshall be be advised that the in- ed party dates,times,and places of any continu- ation of these or continued public hear- ings.shall be announced during the hearing and that no further notices re- garding these matters will be published. Interested parties may appear at the public hearings and be heard regarding the proposed rezoning ordinance,loca- tion of the public library,and location of the public elementary school.A copy of the proposed ordinance and related in- formation may be inspected at the Plan- ning Department,150 North Lakeshore Drive,between the hours of 8:00 a.m. and 5:00 p.m.,Monday through Friday, except legal holidays.Any person who desires to appeal any.decision made during the public hearings will need a record of the proceed ings and for this purpose may need to ensure that a ver- batim record of the proceedings is made which includes the testimony and .evidence upon which the appeal is based.Persons with disabilities need- ing assistance to participate.in any of the proceedings should contact the City Clerk's Office 48 hours in advance of the meeting at(407)656-2322. JEAN GRAFTON, CITY CLERK, CITY OF OCOEE • 0LS2625920 MARCH 25,1999 201 East Pine Street 407 843 4443 voice MEDALLION Suite 525 407 843 5576 fax Orlando, FL 32801 mboelens@inca.net bblanken@inca.net February 26, 1999 ;`.` City of Ocoee Ellis Shapiro, City Manager ��- •• -` 150 North Lakeshore Drive �' ' Ocoee, FL 34761 War RE: Olympia PUD CC: Planning and Zoning Commission Dear Mr. Shapiro: My name is Paul DeLauro and am a recently transplanted attorney from Colorado (not licensed in Florida). My wife and I occupy lot 8 within the Silver Bend housing development that is adjacent to the proposed Olympia PUD at the corners of Clark Road and Silver Star Road. We have a serious concern regarding the site development plan that we will, if necessary, pursue into litigation if not addressed favorably by or on the 9`h of March, 1999 at the Planning and Zoning meeting to be held regarding said PUD. As proposed, there is no mention of including the standard six(6) foot high red brick wall separating the residential Silver Bend community from the predominantly commercial Olympia PUD. We understand Ocoee's desire to obtain the most attractive tax use of the land by promoting commercial use, but we will not be the sacrificial lambs whose property values are crushed due to the City's overreaching and breach of trust. The building codes of the City of Ocoee indicate two primary land uses. The determination of which moniker is used has impact regarding the obligation of a developer to build or not to build the City's standard six(6) foot red brick wall. If property is listed as commercial, then a standard six(6) foot brick wall must be constructed by the developer to separate adjacent residential property from the new commercial use property. If property is listed as residential,the developer is freed from this obligation. As of this date,the proposed Olympia PUD has been fictitiously listed as "residential," thereby relieving the developer of their responsibility to protect the rights and property values of adjacent residential property owners. This fiction will result in freeing the developer from their normal obligation to build the standard six(6) red brick separation wall between the commercial property and the adjacent residential property. The annexation of the proposed site from Orange County has been haphazard, uncontrolled and without significant central guidance. The lot use listing has shifted between residential, commercial and mixed use, with no central guidance as to what form the development should take. The proposed use and site plan is not being guided by fixed codes or a uniform development methodology. The use is being cast in the light 01 r c 2 most favorable to the developer which will result in material harm to the adjacent residential land owners-your constituents. We will be present at the March 9, 1999 meeting to address these concerns specifically. You, as city manager, must be aware, however,that we intend to insist on the inclusion of the standard six (6)foot red brick separation wall between the predominantly commercial Olympia PUD and the Silver Bend community. Any failure to so include such structure will likely result in litigation to enforce the rights of the existing residential landowners. Sincerely, Paul DeLauro 1904 Cassingham Circle Ocoee,FL 34761 Work: (407) 843-4443 Home: (407) 521-9952 Agenda 4-06-99 Item VIA 7 d FOLEY & LARDNER MEMORANDUM CLIENT-MATTER NUMBER 020377-0482 TO: The Honorable Mayor and City Commissioners of the City of Ocoee FROM: Paul E. Rosenthal, Esq., City Attorney9111 DATE: March 30, 1999 RE: Olympia Development PUD-Annexation and Development Agreement In connection with the annexation and zoning of the First Union/Olympia Development Property, the City has required an Annexation and Development Agreement. The Development Agreement is required by the Land Development Code for the purposes of placing of record the Conditions of Approval set forth on the proposed Land Use Plan. The various agenda items related to the First Union/Olympia Development Project are all contingent upon the City's approval of the attached Annexation and Development Agreement. To the extent.the City Commission makes any changes to the proposed plan, such changes will be incorporated into the attached Agreement to the extent they may be inconsistent therewith. The following is a summary of the highlights of the proposed Agreement: (1) The Conditions of Approval set forth on the Land Use Plan are attached as Exhibit "B". (2) The Developer will convey, within 30 days of the City's request, additional right-of-way for Clarke Road and Silver Star Road. This conveyance will be free and clear of all liens and encumbrances. The Developer will not be entitled to any road impact fee credits in connection with these conveyances. (3) The Agreement recognizes that the Developer has entered into separate agreements with the Orange County Public Library System and the Orange County School Board for the development of a library and school, respectively, within the PUD. In order to assure that the.Developer honors its obligations to the Library and School Board, the Agreement provides that no Certificates of Occupancy will be issued for any vertical improvements constructed within the PUD (except for a school and library) until the Developer has fully performed and complied with all of its obligations to the Library and School Board, or, CZ- 006.133547.1 alternatively has closed on both of the sales and provided the Library and School Board with a cash escrow,. Letter of Credit, bond or similar collateral for the completion of onsite and off-site improvements required to be undertaken by the Developer pursuant to agreements with the Library and School Board. While the City has not been involved in the details of the negotiations between the Developer and the Library and School Board, the City by virtue of the Agreement will have the ability to assure that committed contract improvements are made by the Developer. (4) The Agreement is executed by the Developer which is a contract purchaser of the Property. If the Developer does not acquire the property, then the Owner will be bound by this Agreement. The proposed Agreement has been reviewed and approved by the City Staff. RECOMMENDATION: It respectfully is recommended that the City Commission approve the proposed Annexation and Development Agreement between the City and Olympia Development Group, Inc. and authorize the Mayor and City Clerk to execute the same subject to Ordinance Nos. 99-17, 99-18 and 99-19 becoming effective. Attachment(s) cc: Russell B. Wagner, AICP • 006.133547.1 -2- This instrument was prepared by: Brian D.Forbes,Esquire Lowndes,Drosdick,Duster,Kantor &Reed,P.A. 215 North Eola Drive _ Orlando,Florida 32801 Upon recordation,please return to: - Jean Grafton,City Clerk City of Ocoee 150 North Lakeshore Drive Ocoee,Florida 34761 • ANNEXATION AND DEVELOPMENT AGREEMENT THIS ANNEXATION AND DEVELOPMENT AGREEMENT (the "Agreement") is made and.entered into as of the day of , 1999, by and between the CITY OF OCOEE,FLORIDA, a municipal corporation and political subdivision of the State of Florida(the "City"), whose mailing address for purposes of this Agreement is 150 North Lakeshore Drive, Ocoee,Florida 34761; and OLYMPIA DEVELOPMENT GROUP,INC., a Florida corporation (the "Developer"), whose mailing address for purposes of this Agreement is 1060 Keene Road, Dunedin,Florida 34698. RECITALS WHEREAS,the First Union Bank, as Trustee(the "Owner")holds fee simple title in and to that certain parcel of real property, containing 37.794 acres, more or less, located in Orange County,Florida,being more particularly and legally described and shown on Exhibit "A" attached hereto and by this reference made a part hereof(the "Property"); and • WHEREAS,the Developer is the contract purchaser of the Property pursuant to that certain unrecorded Real Estate Purchase Agreement between the Owner and the Developer dated November 14, 1997, as amended(the "Purchase Agreement"); and WHEREAS,at the request of the Developer,the Owner has petitioned the City Commission of the City(the"Ocoee City Commission"),pursuant to Section 171.044,Florida Statutes,to annex the Property into the corporate limits of the City(the "Annexation"); and WHEREAS, in conjunction with the filing of the petition for the Annexation (the "Annexation Petition"), and at the request of the Developer, the Owner applied to the City for a small scale amendment to the City of Ocoee Comprehensive Plan to change the Future Land Use designation of 9.99 acres, more or less, of the Property from Low Density Residential to Commercial(the "Plan Amendment"), and for an initial zoning for the Property of PUD (Planned Unit Development) (the "Zoning"); and • WHEREAS, the City's approval of the Annexation,the Plan Amendment, and the Zoning are required for the Developer to implement its plan of development for the Property as more particularly described hereinbelow; and WHEREAS, in connection with its consideration of the Annexation Petition, the City conducted an Annexation Feasibility & Public Facilities Analysis with respect to the proposed annexation of the Property(the"Analysis") and,on the basis thereof, found and determined that this Agreement and the annexation of the Property are consistent with the goals, objectives, and policies of the Ocoee Comprehensive Plan; and WHEREAS, also on the basis of the Analysis, the City has found and 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 other property owners within the City, except to the extent set forth in this Agreement, ; and WHEREAS,pursuant to the Petition,the Planning and Zoning Commission of the City held a duly noticed public hearing according to law in order to review and consider the Petition and, at such public hearing,determined that(i)the Annexation of the Property is consistent with the Ocoee Comprehensive Plan, and the Ocoee-Orange County Joint Planning Area Agreement (the "JPA Agreement"); (ii) the Annexation complies with all applicable requirements of the Ocoee City Code, and(iii)the Annexation would be in the best interest of the City, and thereupon recommended to the Ocoee City Commission that it annex the Property into the corporate limits of the City; and WHEREAS, also pursuant to the Petition, and upon its review and consideration of the Petition,the Analysis, and the aforesaid recommendation of the Planning and Zoning Commission, the Ocoee City Commission found and determined that (i) the Annexation of the Property is consistent with the Ocoee Comprehensive Plan,and the JPA Agreement;and that(ii)the Annexation of the Property represents a minimal fiscal impact and minimal level of service impact on the City, with the exception of adequate rights-of-way along Clarke Road and Silver Star Road,both located adjacent to and contiguous with the boundaries of the Property; and . WHEREAS, based upon the foregoing, and following its review and consideration of all information and evidence presented to it at a duly noticed public hearing held on April 6, 1999,the Ocoee City Commission approved the Annexation of the Property by the adoption of Ordinance No. 99-17, subject to the execution of this Agreement; and WHEREAS, pursuant to the application filed with the City for the Plan Amendment (the "Plan Amendment Application") , on March 9, 1999, the Planning and Zoning Commission of the City held a duly noticed public hearing according to law in order to review and consider the Plan Amendment Application and, at such public hearing, following its review of all information and evidence therein presented,the Planning and Zoning Commission voted to recommend to the Ocoee City Commission that the City approve the Plan Amendment; and WHEREAS, pursuant to the application filed with the City for the Zoning (the "Zoning Application") , on March 9, 1999, the Planning and Zoning Commission of the City held a duly 2 • 1 noticed public hearing according to law in order to review and consider the Zoning Application and, at such public hearing,following its review of all information and evidence therein presented, the Planning and Zoning Commission voted to recommend to the Ocoee City Commission that the City approve the Zoning, subject to conditions as more particularly described herein; and WHEREAS, based upon the foregoing, and following its review and consideration of all information and evidence presented to it at separate, duly noticed public hearings held on April 6, 1999,the Ocoee City Commission approved the Plan Amendment and the Zoning by the adoption of Ordinance Nos. 99-18 and 99-19, respectively, subject to conditions as more particularly described herein; 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 necessary infrastructure improvements and the provision of municipal services to the Property in accordance with the Ocoee Comprehensive Plan; and WHEREAS,as a condition precedent to the consideration of the Annexation of the Property by the Ocoee City Commission and in order to fully comply with the provisions of the Ocoee Land Development Code,the City has required that the Developer execute and deliver this Agreement and that the Owner execute a Joinder and Consent hereto. NOW, THEREFORE, in consideration of the premises hereof, and for other good and. valuable considerations,the receipt and sufficiency of which are hereby acknowledged,the City and the Developer hereby covenant, stipulate and agree as follows: SECTION 1. RECITALS. The foregoing recitals are true and correct, are incorporated herein by reference, and constitute a material part of this Agreement. SECTION 2. ANNEXATION OF THE PROPERTY. Prior to execution of this Agreement by the City,the Ocoee City Commission has adopted Ordinance No. 99-17 for Case No. AP-95-08-05, thereby redefining the corporate territorial limits of the City to include the Property. SECTION 3. DEVELOPMENT OF THE PROPERTY. a. The Developer hereby agrees to develop the Property in accordance with that certain PUD Land Use Plan/Preliminary Subdivision Plan prepared by PBS&J, and Touloumis, Touloumis &Associates dated March 1, 1999, and stamped received by the City March 4, 1999, consisting of six (6) pages (including a page containing existing site data and conditions of approval),and referred to thereon under the project name of Olympia PUD (collectively,the "Land Use Plan"). The Land Use Plan is incorporated herein by reference and constitutes a material part of this Agreement. b. The Developer hereby agrees that the Property shall be developed in accordance with and subject to those certain Conditions of Approval attached hereto as Exhibit"B", and by this reference made a part hereof(the "Conditions of Approval"). The said Conditions of Approval 3 attached hereto as Exhibit "B " are the same Conditions of Approval set forth on Page 6 of 6 of the Land Use Plan. c. Except as otherwise expressly set forth in this Agreement and the Land Use Plan, it is agreed that (i) the development and use of the Property shall comply with the zoning and subdivision regulations of the City as set forth in the Ocoee Land Development Code, as it may from time to time be amended, and(ii) all final subdivision plans and final site plans for the Property or any portion thereof shall conform to the Ocoee Land Development Code requirements in effect at the time of approval of any such plans. In the event of any conflict between the provisions of the Ocoee Land Development Code, as it may from time to time be amended, and this Agreement, it is agreed that the provisions of this Agreement shall control. SECTION 4. CONVEYANCE OF RIGHT-OF-WAY PARCELS. a. Within thirty(30)days following its receipt of written notice from the City requesting the same(which notice shall not be given prior to May 14, 1999),but in no event later than the date of approval of the plat for all or a portion of the Property,the Developer shall dedicate and convey to the City(i) a twenty-two(22)foot-wide strip of the Property lying adjacent and contiguous to, and along the entire length of the Property's frontage on the existing right-of-way for Clarke Road(the "Clarke Road Right-of-Way Property"); and(ii) a.twenty-five(25) foot-wide strip of the Property lying adjacent and contiguous to, and along the entire length of the Property's frontage on the existing right-of-way for Silver Star Road, including the corner clip, to the extent owned by the Developer or the Owner,generally depicted on Exhibit "C" attached hereto and made a part hereof by this reference(the "Silver Star Road Right-of-Way Property"). The Clarke Road Right-of- Way Property and the Silver Star Road Right-of-Way Property shall be hereinafter collectively referred to as the "Right-of-Way Parcels." The Developer's agreement to dedicate and convey the Right-of-Way Parcels to the City was a condition precedent to the City's approval of the Annexation of the Property, and this Agreement, in particular this Section 4 of the Agreement,memorializes the Developer's commitment and obligation to do so. b. The Developer shall,within forty-five (45) days after the Effective Date of this Agreement, as defined in Section 18 hereof,but in no event later than the date upon which the Right-of-Way Parcels are to be dedicated and conveyed to the City as provided herein, deliver to the City, a metes and bounds legal description and a sketch of description for each of the properties comprising the Right-of-Way Parcels. c. The Right-of-Way Parcels shall be dedicated and conveyed by the Developer to the City by warranty deeds in substantially the same form as are attached hereto as Exhibit "D", free and clear of all liens and encumbrances except for those matters set forth in Exhibit "E" attached hereto and such-other matters as are acceptable to the City(the"Permitted Encumbrances"). The Developer shall, contemporaneously with the dedication and conveyance of the Right-of-Way Parcels to the City, provide to the City, a current attorney's opinion of title, or a current title commitment, to be followed by a policy of title insurance, evidencing that fee simple title to each of the properties comprising the Right-of-Way.Parcels is free and clear of all liens and encumbrances except for the Permitted Encumbrances and such other encumbrances as are acceptable to the City. 4 d. ' The costs and expenses related to the conveyance and dedication of the Right-of-Way Parcels, including the cost of title work, shall be borne solely by the Developer. e. Real property taxes on the Right-of-Way Parcels shall be prorated as of the day before the City's acceptance of the dedication and conveyance of the same, and the prorated amount of such real property taxes attributable to the Developer shall be paid and escrowed by the Developer in accordance with the provisions of Section 196.295,Florida Statutes. f. Neither the Developer, the Owner nor any other person or entity shall be entitled to any road impact fee credits or other compensation of any kind for, on account of, or with respect to the required dedication and conveyance of the Right-of-Way Parcels to the City, as aforesaid. SECTION 5. FULFILLMENT OF LIBRARY AGREEMENT. The Developer has heretofore entered into an unrecorded contract to sell a portion of the Property to the Orange County Public Library System (the "Library") for use as a site of a public library (the "Library Site"). The City shall not issue any certificates of occupancy for any vertical improvements constructed within the Property or upon any portion thereof, except for the occupancy of a public school on the School Site (as defined below)until such time as the Developer has either(i) fully performed and complied with all of its obligations to the Library as contained in that certain unrecorded Agreement for Sale and Purchase between them, dated April 8, 1998 (the "Library Agreement"), or(ii)closed on the sale of the Library Site to the Library and delivered to the City satisfactory evidence that it has provided the Library with a cash escrow, letter of credit,bond, or similar collateral as security for the completion of all of the Developer's obligations'to the Library for on-site and off-site improvements as set forth in the Library Agreement. Notwithstanding the above, the City agrees that if the Developer is ready,willing, and able to satisfy and comply with its obligations under the Library Agreement,but the Library defaults under or terminates the Library Agreement,or otherwise does not proceed to close on the purchase of the Library Site for a reason other than the default of the Developer,then the provisions of this Section shall no longer be applicable;provided,however, that the Developer shall be required to present to the City satisfactory documentation that the foregoing has occurred and that there is no outstanding dispute as to whether or not the foregoing has occurred. SECTION 6. FULFILLMENT OF SCHOOL AGREEMENT. The Developer has heretofore entered into an unrecorded contract to sell a portion of the Property to the School Board of Orange County,Florida(the "School Board") for use as a site of a public school(the "School Site"). The City shall not issue any certificates of occupancy for any vertical improvements constructed within the Property or upon any portion thereof, except for the occupancy of the Library on the Library Site until such time as the Developer has either(i)fully performed and complied with all of its obligations to the School Board as contained in that certain unrecorded Agreement for Sale and Purchase between them(the"School Agreement"), or(ii)closed on the sale of the School Site to the School Board and delivered to the City satisfactory evidence that it has provided the School Board with a cash escrow, letter of credit,bond, or similar collateral as security for the completion of all of the Developer's obligations to the School Board for on-site and off-site improvements as 5 • set forth in the School Agreement. Notwithstanding the above,the City agrees that if the Developer is ready,willing, and able to satisfy and comply with its obligations under the School Agreement, but the School Board defaults under or terminates the School Agreement, or otherwise does not, proceed to close on the purchase of the School Site for a reason other than the default of the Developer,then the provisions of this Section shall no longer be applicable;provided,however,that the Developer shall be required to present to the City satisfactory documentation that the foregoing has occurred and that there is no outstanding dispute as to whether or not the foregoing has occurred. SECTION 7. ,NOTICE; PROPER FORM. Any notices required or permitted to be delivered pursuant to this Agreement shall be in writing and shall be deemed delivered upon (i) receipt of such notice when hand delivered to the party to whom such notice is addressed as set forth below; or(ii)deposit of such notice,in the United States mail,postage prepaid,certified mail,return receipt requested, and addressed to the party to whom such notice is to be delivered as set forth below, or at such other address as a party shall have specified by written notice to the other parties delivered in accordance herewith: Developer: Olympia Development Group, Inc. Attention: William E. Touloumis,President 1060 Keene Road Dunedin, Florida 34698 With a copy to : . Lowndes, Drosdick,Doster, Kantor&Reed Attention: Brian D. Forbes, Esquire 215 North Eola Drive Orlando,Florida 33801 City: . City of Ocoee Attention: City Manager 150 North Lakeshore Drive Ocoee,Florida 34761 With a copy to: City-of Ocoee Attention: Planning Director 150 North Lakeshore Drive Ocoee,Florida 34761 SECTION 8. DEFAULT; NOTICES REQUIRED. Each party to this Agreement agrees that it shall give the other party written notice of any default hereunder on the part of such other party and shall allow such other party a period of thirty(30)days from the date of its receipt of such written notice within which to cure, or to commence and thereafter diligently pursue to completion good faith efforts to effect a cure, of the default(s) of which such written notice is so given and to thereafter provide written notice to the party initially providing such notice of the actual cure of such default(s).. This Agreement shall be enforceable at law or in equity by the non-defaulting party or parties who shall be entitled to all remedies provided by law,including,but not limited to,the right of specific performance. ' . 6 SECTION 9. PARTIES BOUND BY AGREEMENT. This Agreement shall be binding upon and shall insure to the benefit of the Developer,the City, and the Owner to the extent provided in the Joinder and Consent of Owner attached hereto, and their respective successors and assigns. SECTION 10. RECORDATION OF AGREEMENT. A fully executed original of this Agreement shall be recorded by the City among the Public Records of Orange County, Florida, at the expense of the Developer. SECTION 11. FURTHER DOCUMENTATION. The Developer and the City agree that at any time following a request therefor by the other party, each shall execute and deliver to the other party, such further documents and instruments, in form and substance as is reasonably necessary to affirm the status of the Agreement, or confirm and/or effectuate the obligations of either party hereunder. • SECTION 12. COVENANT RUNNING WITH THE LAND. This Agreement shall be binding upon, and shall inure to the benefit of the successors and assigns of the Developer,the City, and the Owner to the extent provided in the Joinder and Consent of Owner attached hereto, and run with the land,herein defined as the Property, and be binding upon the successors and assigns of the Developer and the Owner to the extent provided in the Joinder and Consent of Owner attached hereto, and upon any person, firm, corporation, or entity who shall become the successor in interest to the Property. SECTION 13. APPLICABLE LAW. This Agreement shall be governed by, and its terms and provisions construed and interpreted in accordance with, the laws of the State of Florida. SECTION 14. TIME OF THE ESSENCE. Time is hereby declared to be of the essence to the lawful performance of the duties and obligations contained in this Agreement. SECTION 15. SEVERABILITY. Should a court of competent jurisdiction determine that any part of this Agreement is invalid or unenforceable, such determination of invalidity or unenforceability shall not affect or impair any other part of this Agreement, so long as the rights and obligations of the parties contained therein are not otherwise materially prejudiced and so long as the intentions of the parties can nevertheless continue to be carried into effect. SECTION 16. ATTORNEYS' FEES AND COSTS. In connection with any litigation between the City and the Developer, including appellate proceedings, arising out of this Agreement, the prevailing party shall be entitled to recover from the non-prevailing party thereto, reasonable attorneys'fees,paralegal fees,and associated costs and expenses,whether the same are incurred prior to, during, or subsequent to such court proceedings, on appeal, or during anyy bankruptcy proceedings. SECTION 17. ENTIRE AGREEMENT; AMENDMENTS AND WAIVERS. This Agreement, including the respective exhibits attached hereto, constitutes the complete and entire • agreement between the parties with respect to the subject matter hereof, and supersedes all previous 7 • discussions,understandings, and agreements between the parties relating thereto. Amendments to this Agreement shall be made only in writing and must be signed by both the Developer and the City. Any and all such amendments shall be recorded in the Public Records of Orange County, Florida, at the Developer's expense. Similarly, all waivers of the(or any of the)provisions of this Agreement must be in writing and be signed by the party against whom the waiver is sought to be enforced. SECTION 18. EFFECTIVE DATE. This Agreement shall first be executed by the Developer 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 its execution by the City. SECTION 19. CAPTIONS. The section headings or captions as used in this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain,modify, amplify, or aid in the interpretation, construction, or meaning of the provisions of this Agreement. SECTION 20. COUNTERPARTS. This Agreement and any future amendments hereto may be executed in any number of counterparts, each of which shall be deemed an original,but all of which, taken together, shall constitute one and the same instrument. IN,WITNESS WHEREOF,the City and the Developer have caused this Agreement to be duly executed by their duly authorized representatives, effective as of the day and year first above written. Signed, sealed and delivered in the "CITY" presence of: CITY OF OCOEE, a Florida municipal corporation By: Signature of Witness S. Scott Vandergrift, Mayor Attest: Print/Type Name of Witness Jean Grafton, City Clerk Signature of Witness Print/Type Name of Witness FOR USE AND RELIANCE ONLY BY APPROVED BY THE OCOEE CITY COM- THE CITY OF OCOEE,FLORIDA, MISSION AT A MEETING HELD ON APPROVED AS TO FORM AND LEGALITY , 1999 UNDER this day of , 1999.AGENDA ITEM NO. 8 • FOLEY&LARDNER BY: City Attorney 9 • • 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 acknowledgments, 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): Signed, sealed and.delivered in the "DEVELOPER" presence of: OLYMPIA DEVELOPMENT GROUP, INC., a Florida corporation By: Signature of Witness William E. Touloumis,President (CORPORATE SEAL) Print/Type Name of Witness Signature of Witness Print/Type Name of Witness • 10 STATE OF FLORIDA COUNTY OF PINELLAS I HEREBY CERTIFY that on this day,before me, an officer fully authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared WILLIAM E.TOULOUMIS, as President and on behalf of OLYMPIA DEVELOPMENT GROUP,INC., a Florida corporation, who ( ) is personally known to me or who ( ) produced as identification, and that he acknowledged executing the foregoing instrument for the purposes and uses therein described. WITNESS my hand and official seal in the County and State last aforementioned this day of , 1999. • Signature of Notary Name of Notary(Typed,Printed or Stamped) Commission No.(if not legible on seal): My Commission Expires(if not legible on seal): 11 • JOINDER AND CONSENT OF OWNER The Owner, FIRST UNION NATIONAL BANK,TRUSTEE (of those three(3) separate charitable remainder unitrusts identified below),whose mailing address for purposes of this Joinder is do J. Andrew Harvey, Vice President, Capital Management Group, 20 North Orange Avenue, Suite 311, Orlando, Florida 32802,hereby joins in the execution of the foregoing Annexation and Development Agreement by and between the City and the Developer,for the purposes of consenting thereto and agreeing that in the event the Developer does not acquire fee simple title in and to the Property by June 4, 1999, then the Owner shall automatically, and without the need for notice of same to Owner, assume and be bound by all of the Developer's rights and obligations under the foregoing Agreement, which shall remain in full force and effect, and the Developer shall be automatically relieved of any and all liability and responsibility thereunder;provided,however,that. the aforesaid deadline of June 4, 1999 may be extended by mutual written agreement of the Developer, Owner and City which agreement will be recorded in the Public Records of Orange County, Florida. The capitalized terms in this Joinder and Consent shall have the meaning given them in the Annexation and Development Agreement. Signed, sealed and delivered in the . FIRST UNION NATIONAL BANK,AS TRUSTEE presence of: of(a)the Patricia A. Ross Charitable Remainder Unitrust Under Agreement dated November 2, 1994 (as to an undivided 1/3 interest; (b)the Robert D.Pease Signature of Witness Charitable Remainder Unitrust under Agreement dated November 2, 1994 (as to an undivided 1/3 interest), and (c)the William T. Pease Charitable Remainder Print/Type Name of Witness Unitrust Under Agreement dated November 2, 1994 (as to an undivided 1/3 interest) Signature of Witness By: J. Andrew Harvey, Vice President Date: Print/type Name of Witness 12 • STATE OF FLORIDA COUNTY OF I HEREBY CERTIFY that on this day,before me, an officer fully authorized in the State aforesaid and in the County aforesaid to take acknowledgments,personally appeared J. ANDREW HARVEY, as Vice President and on behalf of FIRST UNION NATIONAL BANK, AS TRUSTEE, a Florida corporation, who ( ) is personally known to me or who ( ) produced as identification, and that he acknowledged executing the foregoing instrument for the purposes and uses therein described. WITNESS my hand and official seal in the County and State last aforementioned this day of , 1999. Signature of Notary Name of Notary(Typed,Printed or Stamped) Commission No.(if not legible on seal): My Commission Expires(if not legible on seal): • 13 EXHIBIT "A" Legal Description of Property A tract of land being the Northwest quarter of the Southeast quarter of Section 16, Township 22 South, Range 28 East, less that portion of the Right-of-Way of Clark Road described in Official • Records Book 4331,Page 1923 of the Public Records of Orange County, Florida and less that part of Silver Star Road deeded in Deed Book 400,Page 252 and taken in Minute Book 17,Page 502 of said Public Records,being more particularly described as follows: Commence at the Southeast corner of the aforesaid parcel described in Official Records Book 4331, Page 1923 for a Point of Beginning, said point also lying on the Easterly Right-of-Way line of aforesaid Clark Road; thence run along said Easterly Right-of-Way line the following courses:North 00°10'51" East, 257.52 feet; South 89°49'09" East, 15.00 feet; North 00°10'51" East, 20.00 feet; North 89°49'09" West, 15.00 feet;North 00°10'51" East, 644.00 feet;North 02°05'25" East, 180.10 feet; North 00°10'51" East, 145.61 feet; North 44°54'59" East, 63.93 feet to a point lying on the South Right-of-Way line of Silver Star Road; thence, departing said Easterly Right-of-Way line of Clarke Road, run North 89°39'07" East, along said South Right-of-Way line of Silver Star Road, 1223.99 feet to the East line of the Northwest quarter of the Southeast quarter, 1292.73 feet to the South line of said Northwest quarter of the Southeast quarter; thence run South 89°40'55" West, along said South line of the Northwest quarter of the Southeast quarter, 1277.44 feet to the Point of Beginning. The above described tract of land lies in Orange County, Florida and contains 37.794 acres, more or less. Page 1 of 1 • EXHIBIT "B" Conditions of Approval 1. The Developer shall dedicate to the City of Ocoee, an additional 22.0 feet of right-of-way along Clarke Road and contiguous to the western boundary of the Property. This right-of-way dedication will be by deed to be recorded in accordance with the terms of the Developer's Agreement. The Owner of the adjacent Lot shall maintain the right-of-way prior to development. No person or entity shall be entitled to any impact fee credits or the other compensation for or on , account of the conveyance. 2. The Developer shall dedicate to the City of Ocoee, an additional 25.0 feet of right-of-way along Silver Star Road and contiguous to the northern boundary of the Property. This right-of-way dedication will be by deed to be recorded in accordance with the terms of the Developer's Agreement. The Owner of the adjacent Lot shall maintain the right-of-way prior to development. No person or entity shall be entitled to any impact fee credits or the other compensation for or on account of the conveyance. 3. Access improvements on Silver Star Road will be constructed in conjunction with the initial subdivision improvements and include the right turning lane and directional left turning lane as shown on the plans. 4. Cross access,utility, and stormwater easements will be provided as part of the plat across all PUD lots. 5. Parking for individual lots shall be provided in accordance with City of Ocoee Land Development Code. 6. The public school/residential site shall be developed in accordance with R-1AA zoning code if developed with a residential use. 7. The City is subject to the terms, provisions and restrictions of F.S. Chapter 163 concerning moratoria on issuance of building permits under certain circumstances. The City has no lawful authority to exempt any private entity or itself from the application of such state legislation and nothing herein shall be construed as such an exemption. 8. The developer intends that all internal streets will be private streets which shall be maintained by the property owners' association, with access granted to the City of Ocoee for emergency and maintenance personnel. This emergency easement will also be noted on any plats. The appropriate access and utility easements shall be granted to the City over all private roadways. 9. All lots with uses other than public uses will be subject to preliminary and final concurrency review. Lots with public uses will,be considered in any evaluation of the adequacy or availability of public facilities, infrastructure, and services necessary to serve the lots with private uses. Page 1 of 5 10. Impact fees for this PUD will be calculated in accordance with City ordinances as from time to time amended. 11. The uses permitted within the commercial portion of the PUD, consisting of Lots 1 through 6, shall be those uses listed under C-2 Zoning District, Table 5-1,Use Regulations, of the Ocoee Land Development Code, as it may be from time to time amended. Any uses under the C-2 Zoning District which require a Special Exception shall also require a Special Exception under the PUD, except for.Child Care Facilities, which is an approved use under this PUD for Lots 1-6, and Automobile Service Stations and Convenience Commercial with Gas Sales (including those with a Car Wash),which are approved uses under this PUD for Lots 1 and 2. Lot 7 is approved for use as a Library. Lot 8 is approved for use as a School or, alternatively, for those uses listed under the R-1AA Zoning District, Table 5-1 of the Ocoee Land Development Code. WAIVER TABLE CODE SECTION CODE REQUIREMENT PROPOSED JUSTIFICATION Table 5-1 Special exception required for Uses permitted without special Activity Center Standards uses:child care facilities, exception:on Lots 1 through 6 . provide increased levels of automobile service station, child care facilities;on Lots 1 quality and protection for convenience commercial with and 2-automobile service surrounding uses. gas sales(including a stations,convenience carwash) commercial with gas sales (including a carwash) 12. Unless provided otherwise on the PUD Land Use/Preliminary Subdivision Plan development of the commercial portion of the PUD(Lots 1 through 6)shall conform to the standards and requirements for commercial components of Planned Unit Developments as set forth in Section 4-5M of the Ocoee Land Development Code and, in the event Lot 8 is developed for single family residential use, such development shall conform to the standards and requirements for residential components of Planned Unit Developments as set forth'in Section 4-5L of the Ocoee Land Development Code. 13. A property owners' association shall be created for ownership and maintenance of all common areas, open space,retention ponds and private streets and drainage. 14. All property owners' association documents and declarations of covenants and restrictions shall be provided to the City for approval prior to recording of the first plat. 15. Cross access between individual lots for pedestrian and vehicular traffic will be provided as part of individual lot site plans. 16. Proposed Traffic Generation(New Trips): Page2of5 a. Commercial= 1519 TPD (from Table 2) b. Library= 841 TPD (from Table 2) c. School(K-5)=813 TPD (from Table 2) (per January 1999, Transportation Concurrency Assessment for Olympia PUD, Ocoee, Florida,prepared by PBS&J,Inc.) 17. Utility Information: • a. Water and fire flow service'=City of Ocoee. • b. Sanitary sewer service=City of Ocoee. c. Stormwater management=On-site system per City of Ocoee and SJRWMD requirements. 18. All retention ponds shown are proposed with approximate sizes and locations. 19. Water and Sewer Utility Usage Estimates: a. Commercial(37,610 sf) (0.1 GPD/sf)=3,761 GPD b. Library(12,000 sf) (0.1 GPD/sf)= 1,200 GPD c. Public School(7.5 gal/day/student) (860 students)=6,450 GPD • 20. Site data table: SITE DATA TABLE LOTS 1-6 TRACTS A-D LOT 7 LOT 8(1)(2) DEDICATED COMM.,PONDS, ROW ROW&ACCESS TOTAL AREA 9.95 AC. 5.96 AC. 3.78 AC. 16.76 AC. 1.34 AC. - 17.28 AC. 37.79 AC. BUILDING 30% 30% 30% 30% 30% 30% COVERAGE (MAX) IMPERVIOUS 7.96 AC./80% 2.98 AC./50% 2.65 AC./70% 8.38 AC./50% 12.09 AC/70% 21.97 AC. AREA(MAX) POND AREA 5.06 ac. TBD . 5.06 AC. OPEN SPACE 1.99 AC./2O% 1.79 AC./30% 1.13 AC/30% 8.38 AC./50% 3.78 AC. 13.29 AC. PUBLIC ROW 50 FT. 50 FT. 50 FT. 50 FT: SETBACK SIDE SETBACK 10 FT. 10 FT. 10 FT. 7.5 FT. REAR SETBACK 20 FT. 20 FT. 20 FT. 25 FT. _ MAX.BUILDING 45 FT. 45 FT. 45 FT. 45 FT. HEIGHT Notes: (1) Lot 8 is based on land use with a min. lot width of 75 feet per R-1AA zoning. Page 3 of 5 1 , (2) Setback figures shown for Lot t 8 are based on an alternate development program, which is consistent with the Ocoee'R-1AA Single Family Residential District. 21. Tract D will be conveyed to the City of Ocoee by warranty deed in form and substance acceptable to the City free and clear of all liens and encumbrances at the time of platting. The pump station shall be owned and maintained by the City of Ocoee. 22. As required by Section 4-5(B)(5) of the City of Ocoee Land Development Code, the Developer shall enter into a Developers Agreement incorporating all plans and Conditions of Approval by reference. As used herein, the term "Developers Agreement" means the Certain Annexation and Development Agreement to be executed by and between the City of Ocoee,Olympia Development Group,.Inc. and First Union National Bank, as Trustee, contemporaneously with approval of the PUD. 23. All Preliminary subdivision Plans, Final Subdivision Plans, and Final Site Plans shall conform to the requirements set forth in the Ocoee Land Development Code in effect at the time of approval of any such plans except where the requirements expressly conflict with the,provisions of the Land Use Plan. 24. Any damage caused to Clarke Road or Silver Star Road as a result of the construction activities related to the PUD shall be promptly repaired to City standards by the Owner at'the Owner's sole cost and expense. 25. Decorative site lighting to be'used throughout the site will be determined with the approval of the final subdivision plan. 26. Pedestrian access to the Library(Lot 7) from Silver Star Road will be provided along the eastern edge of Retention Pond 1 by the owner of Lot 7 at the time of development. The Library is shown for informational purposes only. 27. The access roadway south of Lot-1 shall be constructed as a part of the development for Lot 8 or Lot 1 which ever occurs first. Storm water and utility infrastructure for Lot.8 will be designed and completed by the owner of Lot 8. 28. Storm water infrastructure shown is to serve Lots 1-7 and Tracts A-D. Lot 8 will provide storm water retention and conveyance as part of the Lot 8 development. 29. Lot lay-outs for Lots 4 and 7 are for informational purposes only. Approval of this PUD Land Use Plan/Preliminary Subdivision Plan will not include the approval,of the specific site details for these lots. 30. All sidewalks located adjacent to retention pond tracts and roadways will be constructed with subdivision improvements. Sidewalks located adjacent to lot will be constructed with each individual lot development. A 5' sidewalk along the southern edge of Lot 1 and another along the northern edge of Lot 3 will be constructed when each of these lots is developed respectively. Page4of5 31. The entrance road within Tract C will be constructed in conjunction with the subdivision improvements. 32. It is the responsibility of the owner of Lot 8 to make the connections to the existing utility stub outs that will complete the water line loop. 33. The City of Ocoee will provide a reuse stub out at the eastern edge of the Clarke Road • right-of-way. This PUD will be required to install reuse piping for irrigation purposes and connect to the reuse stub out when available. 34. This PUD is located within the designated Clarke Road and Silver Star Road Activity Center. To date, neither a special development plan nor the special development regulations and • standards which will implement such plan have been formulated or adopted by the City for the Clarke Road and Silver Star Road Activity Center. This notwithstanding,the Developer agrees that the standards of the"Ocoee SR 50 Special Development Plan" shall govern and control development of the PUD except as set forth in the table below. State Road 50 Activity Center Exceptions The following is a list of exceptions to the "Ocoee State Road 50 Activity Center Special Development Plan," which are approved for and shall apply to the Olympia-PUD Plan and the same shall be a part of the Conditions of Approval. CODE SECTION CODE PROPOSED JUSTIFICATION CITATION REQUIREMENT EXCEPTION FOR EXCEPTION Section V No more than two No limitation on The Olympia PUD is a A.2.d out parcels shall abut abutting parcels stand alone development each other and is not part of shopping center or mall Section V 25 foot landscape 15 foot landscape 25 foot r/w dedication B.2.a/b/d buffers along primary buffers along primary along Silver Star Road and and secondary streets and secondary streets 22 foot r/w dedication with no serpentine along Clarke Road sidewalks Section V , Parking lot lighting Parking lot lighting Standard State and Federal B.9.a shall not exceed 1.00 shall average 1.00 regulations require an foot candles in foot candles in average of 1.00 foot intensity intensity over the site candles in intensity for many types of businesses Page5of5 ', t\ \\;:":3-•=. \ � �. ` \ , -f. \� --ou — \\��J\� '> �— �-k-�= J ----c _—_-� 4LK TO BE CONSTRUCTED _ S.� _ ,%DEVELOPMENt\OF LOT 4 Ex�, 1T 1 =11 N i _—_ 1r�L`x T`'� _�� i \ `� - 00.1v 7165 • ,�` it. O - I cl7 CONCRETE MEDIAN phi �.. 1 \ ,�,C� \ ---- — -- -- — /' —_�- 5ilvty�sFar lb • - 24' 1 SEN • �� ` - . • _ V Al'v E -...... -'..' , � - .�.. = ,:,,i7 �— S �, � - -. ,. .�. r.r,... . .� — ' SS— _- SS 7/ " 7' k - — — `— r i = / ' --- ou ' 6' co� ywV YP.) -_ I —.1 , - _ — CROSS ALK '� - _r•� , , ' u L'orr�er STOPBAR O mil „-,...,........„--___ , __,:______. `AC6 ,SET `* — ___,_____ -____ 11 \1 -�N `--50'R pm Q-FAO :_A 'O ^ E '`i•P. -:SE •AE'•! Wop 17 SE , 1 u. LS 245 ii p' R �,R. B''Q -' ':�\, I . . 'I8.. d o° 1MI I J I` , ' / �' 10' ACCESS EASEMENT I Inl L� �. 40 i \ a P' olgtot;IA4,0.4o-\ ' •,--- ,\,„, .... , 4,,,,k0 t: , , -- 9 = 9 \ 0 sr\1 \4111 c4)ik\e--1ZS).L(q ''Pz,-.— I 'I I i C, I / • I 1 I I o 142.5 �° 0 lir,�� ,� \� { • ---ii.:17,0°Dri • , : • �\ I 7I CUR. Pt ELEV. _ '15 • ( --�- 1 S IN' = 1.'1.75 1 FF EL. = 143.0 18'1 RCF�'___— 1 , W IN -�.84 \J 1 . ! . -� a.: I 4 tom.\ ,, -C l SET ../8" - 1"5°' • I LS 4 45 / ,. .-;11 .. / I . , ( 1 . 1TY• —� 141,0 J, A ,� r� 140. -_ 15) ` I `n ♦ �` - — . . . 1140.51 I ~ c- ~ I ♦ oIIrr I / ail I 1+ 14051 14Q01 I,44651 1 y .� !/ W • t - . . -- _. - -- -- , �� . SI I \ I0\ ( I mil. I. -N ( - ' 3 5' - • r� / . EXHIBIT "D" Form Warranty Deed • This instrument was prepared by: Brian D.Forbes,Esquire Lowndes,Drosdick,Doster, Kantor&Reed,P.A. 215 North Eola Drive Orlando,Florida 32801 Upon recordation,please return to: City Clerk ' City of Ocoee 150 N.Lakeshore Drive Ocoee,Florida 34761 GENERAL WARRANTY DEED THIS INDENTURE is made this day of 1999, by and between , whose address is ("Grantor"), and CITY OF OCOEE, FLORIDA, a municipal corporation and political subdivision of the State of Florida, whose address is 150 North Lakeshore Drive, Ocoee, Florida 34761 ("Grantee"). WITNESSETH: THAT GRANTOR, for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00), and other good and valuable consideration,to Grantor in hand paid by Grantee,the receipt whereof is hereby acknowledged,has granted,bargained, sold,transferred,conveyed and confirmed, and by these presents does grant, bargain, sell, transfer, convey and confirm unto Grantee and its successors and assigns forever, all of that certain parcel of real property lying and being in the City of Ocoee, County of Orange and State of Florida, more particularly described on Exhibit "A", attached hereto as a part hereof, (the "Property"). TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD the same in fee simple forever. The Property is conveyed to and accepted by the City for use only as a public right-of-way and for purposes reasonably related thereto. The foregoing is deemed to be a covenant running with the land and shall be binding upon Grantee, its successors and assigns, and inure to the benefit of and be enforceable by Grantor, it successors and assigns. Page 1 of 2 • AND GRANTOR hereby covenants with Grantee that Grantor is lawfully seized of the Property in fee simple; that the Property is free and clear of all encumbrances save and except: (i) real estate taxes and assessments not yet due and payable; (ii) building, zoning, land use, environmental and other applicable laws, statutes, ordinances,rules and regulations; and(iii) those matters set forth in Exhibit "B" attached hereto and by this reference made a part hereof; that Grantor has good right and lawful authority to sell and convey the Property; and that Grantor hereby fully warrants the title to the Property and will forever defend the same against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF,the Grantor has hereunto set its hand and seal the day and year first above written. Signed, Sealed and Delivered in our presence: By: Signature Print or Type Name (CORPORATE SEAL) • Signature Print or Type Name STATE OF FLORIDA ) COUNTY OF PINELLAS ) The foregoing instrument was acknowledged before me this day of , 1999 by , on behalf of the corporation, who is personally known to me or who has produced as identification. Print Name Notary Public in and for the County and State Aforementioned My commission expires: • Page 2 of 2 vv£ EXHIBIT "E" Permitted Encumbrances 1. Easement to Florida Power Corporation recorded July 6, 1982 in O.R. Book 3293, Page 1809,Public Records of Orange County,Florida. 2. Easement to Florida Power Corporation recorded May 6, 1985 in O.R. Book 3637, Page 2347,Public Records of Orange County,Florida. 3. PARA-mein to Florida Power Corporation recorded February 4, 1987 in Q.R.Book 3859,Page 832,Public Records of Orange County,Florida. 4. Easements in Order of Taking recorded October 1, 1991 in O.R. Book 4331, Page 1923, Public Records of Orange County,Florida. 5. Easements to Florida Public Service Company recorded April 16, 1940 in Deed Book 547, • Pages 365 and 366,Public Records of Orange County,Florida 6. Annexation and Development Agreement by and between the City of Ocoee and Olympia Development Group,Inc.to be recorded in the Public Records of Orange County,Florida, of which this Exhibit"E"is a part. 7. Such other documents or instruments constituting encumbrances as may be agreed to by the City of Ocoee and OIympia Development Group,Inc.,to be recorded in the Public Records of Orange County,Florida.