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Home My WebLink AboutIII (B&C) Approval and Authorization for Mayor and City Clerk to execute Termination of Samano Developers Agreement, Phase I & Developers Agreement for Burnden Park Phase I, (Case No. AR-95-08-04) AGENDA 2-04-9/ "CENTER OF GOOD LIVING - PRIDE OF WEST ORANGE" Item IT1 B & C dOcoee COMMISSIONERS s' s Pa' a CITY OF OCOEE SCOTT ON v O 150 N. IAKESHORE DRIVE SCOTT A.GLASS r 0 JIM GLEASON OCOEE,ELORIDA 3d961-225E �'ye4 N,�? (407)656232 crn NIANAcerz of G000 ELLIS SHAPIRO STAFF REPORT DATE: January 31, 1997 TO: The Honorable Mayor and City Commissioners FROM: Abra E. Home, Senior Planner aer THROUGH: Russell B. Wagner, AICP, Director of Planning / SUBJECT: Approval of Burnden Park, Phase I, Developer Agreement and Termination of the Samano Developer Agreement ISSUE: Should the Mayor and City Commissioners approve the attached Burnden Park, Phase I, Developer Agreement and terminate the previous Samano Developer Agreement? BACKGROUND: The subject property is located just east of Burnden Park, Phase II. It is a 37-acre parcel that the City of Ocoee annexed and rezoned R-1A in 1987. Although the City has an approved Preliminary Subdivision Plan for the subject property, Imperial Partnership has submitted a revised subdivision plan for the subject property (Phase I) and an adjacent property (Phase II), pending annexation approval for Phase II. Burnden Park, Phase I, is subject to a 1987 Developer's Agreement between Gregory Samano and the City of Ocoee. Since 1987, many conditions affecting the previous agreement have changed. Most notably, when the Samano Agreement was executed the City of Ocoee was subject to the Ocoee-Orange County Reserve Planning Area (RPA)Agreement. The RPA Agreement included more land in this vicinity than the current Ocoee-Orange County Joint Planning Area (JPA) Agreement. The RPA included land north and south of Hackney-Prairie Road extending east to Apopka-Vineland Road (see attached map). On February 11, 1994, the City entered into the JPA Agreement which substantially reduced the area within the City's planning jurisdiction in this vicinity (see attached map). The proposed Burnden Park project is located at the eastern JPA boundary and the City cannot annex or plan to provide urban services to properties east of this boundary, in accordance with the JPA Agreement. The City began receiving development proposals for properties in this vicinity in 1985 when Hackney-Prairie Road, after paving, would have been the only paved access available (Clarke Road design and construction had not begun yet). Accordingly, the paving of Hackney-Prairie Road was included in the 1991 Capital Improvements Element, Between 1985 and 1991, provisions of the Forest Oaks, Sawmill, and Burnden Park development approvals required adjacent developers to pave or pay their pro-rata share for paving Hackney-Prairie Road between Clarke Road and Apopka-Vineland Road. The 1986 approval of the final phase of Forest Oaks Subdivision was conditioned upon the developer contributing $60,000 to the City of Ocoee for Hackney-Prairie Road improvements. The Honorable Mayor and City Commissioners January 31, 1997 Page 2 In addition to other stipulations, the 1987 Belroy Developer Agreement included provisions requiring the Sawmill Developer to: (1) pave the eastern-most 2,000 feet of Hackney-Prairie Road; (2) pave a 40 foot wide strip of land connecting Sawmill to Hackney-Prairie Road (providing a second subdivision entrance); (3) pay a pro-rata share for railroad crossing improvements; and (4) pay a pro-rata share for intersection improvements at Apopka-Vineland Road and Hackney-Prairie Road. Although Orange County conceptually approved the proposed paving project on August 28, 1989, one of the conditions of approval was that the 40 foot strip could not be paved or used as a second entrance. The basis for Ocoee requiring the developer to make the above improvements to Hackney-Prairie Road was to alleviate traffic congestion and provide a secondary paved access for emergency vehicles. Since the County would not permit this secondary paved access, the City instead required Sawmill to stub-out a road to the west which will eventually provide a second paved entrance and connect Sawmill to Clarke Road. Accordingly, Sawmill was not required to pave the eastern-most 2,000 feet of Hackney-Prairie Road. Among other things, the Samano Agreement required the Burnden Park, Phase I, Developer to: (1) donate 60 feet of right-of-way between the Prairie Lake PUD and Lake Hackney Shores; (2)donate 30 feet of right- of-way between Lake Hackney Shores and Burnden Park; (3) pave a 24 foot road adjacent to Burnden Park; and (4) pay a pro-rata share of Hackney-Prairie Road paving and right-of-way acquisition costs for the portion of the road between Burnden Park and Apopka-Vineland Road. In accordance with the Samano Agreement, the developer retained Regional Engineers, Planners, and Surveyors (REPS) to prepare construction plans for Hackney-Prairie Road between Clarke Road and Apopka-Vineland Road. The REPS Engineering Plans were approved in June of 1992 and subsequently used for acquiring right-of-way and paving the completed section of Hackney-Prairie Road. Although the eastern section of Hackney-Prairie Road was the only potential for paved access to Burnden Park when the Samano Developer's Agreement was executed on August 5, 1987, access can now be provided via Clarke Road and the paved section of Hackney-Prairie Road. Under a separate agenda item, the City Commission is asked to approve an Annexation and Development Agreement which would extend Hackney-Prairie Road to the eastern boundary of Burnden Park, Phase II (the eastern JPA boundary). Both road segments must be constructed at the same time. Accordingly,the proposed Burnden Park, Phase I, Developer Agreement would eliminate the requirement to pave Hackney-Prairie Road east of the JPA boundary. As outlined above, the developers attempted in good faith to complete the design and construction of Hackney-Prairie Road in accordance with their respective agreements; however, they were unable to get the plans approved by the City and County within the required time frames. In addition, the City can no longer annex or plan to provide urban services to properties east of the JPA Boundary. Based upon a variety of factors, including the proposed public services building on Clarke Road, staff has determined that the City could provide services to properties in this area more efficiently via Clarke Road. Accordingly, the City took the Hackney-Prairie Road Project off its transportation improvement projects list last year. DISCUSSION: The existing Samano Agreement would allow the developer to do several things which are inconsistent with subsequently adopted City policies and they are: (1) receive transportation impact fee credits for a pro-rata share of Hackney-Prairie Road paving and right- of-way acquisition costs for the portion of the Road between Burnden Park and Apopka-Vineland Road, (2) receive potable water impact fee credits for extending and over sizing water lines; (3) receive sanitary sewer impact fee credits for extending and over sizing sewer lines; and (4) utilize septic systems in lieu of the City's central sewer system. Accordingly, the existing Samano Agreement needs to be revised to reflect the change in circumstances discussed above. The Honorable Mayor and City Commissioners January 31, 1997 Page 3 If approved, the proposed Burnden Park, Phase I, Developer Agreement would require the developer to donate property or make certain improvements; as follows: (1) donate 60 feet of right-of-way for the entire length of Phase I without impact fee credits; (2) donate a Hackney-Prairie Road stormwater retention pond without impact fee credits; (3) pave Hackney-Prairie Road prior to platting or within 3 years whichever occurs first; (4) acknowledge that Hackney-Prairie Road will not be paved east of the subject property; (5) extend a twelve inch (12") water line from the water plant without impact fee credits; (6) extend sanitary sewer lines from Clarke Road without impact fee credits; and (7) stub out a road to the north providing a second paved access and connecting Prairie Lake and the Sawmill Subdivisions to the western section of Hackney-Prairie Road. Further, the proposed Burnden Park, Phase I, Developer Agreement would require the City to provide transportation impact fee credits to the developer as a reimbursement for a portion of the fees paid to REPS ($56,447.64) for the design of Hackney-Prairie Road east of the Burnden Park. Although it is inconsistent with City policy to reimburse developers for improvements not listed on the Capital Improvement Project list, Hackney-Prairie Road was on the List when the expenditures were made and City Attorney Rosenthal has advised us that the City may grant road impact fee credits and utilize road impact fee funds since they are to be used to reimburse expenditures which were road impact fee eligible at the time they were made and for which an existing developer agreement expressly provides for road impact fee credits. Based upon the above analysis, staff recommends that the proposed Burnden Park, Phase I, Developer Agreement replace the previous Samano Agreement. RECOMMENDATION: Staff respectfully recommends that the Mayor and City Commissioners approve the attached Burnden Park, Phase I, Developer Agreement and terminate the previous Samano Developer Agreement and authorize the Mayor and City Clerk to execute all documents necessary to accomplish the foregoing_ Attachments. Reserve Planning Area Map Joint Planning Area Map Subject Property Location Map Developer Agreement,Phase I Samano Developer Agreement F.\CAPDFILE\STAFFR-1\CCSR-1\SRP97001 WP3 1 A .... AREA BOUNDARY I - .-.11tafaa a. /71i j j r 'ow'.%aaa a'''' \ PRAIRIE �. ldLi I\ IP1iáI jii trwA �i ,ono Jrl LL � iI r. 4�m,, �� -xr Trn ' isH � � 1 i f - —;C — ,--,. ci ' r,7 A. ! _ �i _ 2/ I I °r� • ti>-v� i ,▪ ‘ ,P ti City of Ocoee, 1990 RESERVE PLANNING APE: SCUNOAPPY RESERVE PLANNING AREA MAP FIGURE 11 EXHIBIT A JOINT PLANNING AREA AGREEMENT BOUNDARY LINE (Areas designated as Ocoee In Exhibit B to the Agreement are not included in the Joint Planning Area) Il��l �1'1 i ■_ yVl IIIIANI I o LAKE APOPKA All FInn _ F JS1,1 WM 1t 1 �•, tgr •rSri tgari 411 .,,],� Fla•111"m 2 gi 1•_ ° , ME a !.c -IS ,_ _ t� —7, ' s- 71 . �I 1 ill� y_�. pa � qpE /7 �=.1 • II'�- a v .:v C aaii ll'ZNI Im !It — �i l, EV �i '�']1 _ 1 ti 61' e�,�3T1 s 0 1 Y • t �•r n a �, 1` I 9 III lit+911f a -- , r: ii5pin wits 4,' SI s iIts `t ;I y -01 9rf� /III_ D L 'wpm - ,:lit__Pog d i 'Ail f ,., ®. 1 h z_ •p l 1 11 . 7HGal1 . m E R2O E SETTLEMENT PROPOSAL.NOT TO BE USED IN CASE NO.CI -2 5 V3+]< R27E City of Ocoee Planning Department Burnden Park, Phase I \ SNv WE'ROUT W(E BREAM . %; Cla cons �C Rut 1 R _ - — J — - Set 1 ement rc • R_� 4OCO ) ,,.. �%�7 a -u•�� tj ,,/ �� t41r / LAKE co , ,; ; �It� 1 %, - g o- ILO, , � �� 7 A ;� Property PRMEEefr::y 6 1 RM ire C --. i(-� yr�Y _ 1 Y Q, Legend: tBumden BURNDEN OCOEE ORANGE JPA Park PARK, CITY COUNTY BOUNDARY North Phase II PHASE I LIMITS This INSIRuMDENT PREPARED BY Paul E. Rosenthal.Es4. FOLEY &LARDNER 111 North Orange Avenue,Sole 1800 Post Office Bort 2193 Otlundo.FL 3 2 902-2193 (407)423-7656 AND SHOULD BE RETURNED TO: lean Grafton.City C1erK CITY OF OCOEE 150 N. Lakeshore Drive Ocoee.FL 34761 For Recording Purposes Only DEVELOPER AGREEMENT [ BURNDEN PARK, PHASE I ] THIS DEVELOPER AGREEMENT (this "Agreement") is made and entered into this day of , 19q(the"Effective Date")by and between IMPERIAL. PARTNERSHIP, a Florida general partnership (hereinafter referred to as the "Developer"), whose mailing address is P.O. Box 607307, Orlando, Florida 3 2 8 60-73 07, and 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. W IT N ES ETH: WHEREAS, the Developer is the owner of fee simple title to certain r property, as mote particularly described on Exhibit"A"attached hereto and incorporated herein by this reference (the "Property"); and WHEREAS, the Developer intends to develop the Property (or have others develop the Property) as a residential subdivision currently known as "Bumden Park Phase I Property"; and WHEREAS, the Developer is also the owner of fee simple title to certain lands contiguous to the Property as described in Exhibits "B" and "C" attached hereto and incorporated herein by reference, said lands being hereinafter referred to as the"HP Road Land" and the "HP Retention Pond Land", respectively; and WHEREAS, the Property is currently subject to the terms, conditions and obligations set forth in that certain Developer's Agreement by and between Gregory P. Samano and the City, dated August 4, 1987 and recorded September 30, 1987 in Official Records 3924, Page 1849, Public Records of Orange County, Florida(the "Samano Developer's Agreement"), and WHEREAS, the Owner is the successor-in-interest to Samano and is responsible for the obligations of Samano under the terms of the Samano Developer's Agrett WHEREAS,pursuant to the Samano Developer's Agreement and discussions with City,the Developer undertook certain activities related to the extension of Hackney-Pr-inn,i<oad as a two-lane paved roadway from Apopka-Vineland Road west to Clarke Road (the "HP Road Project"); and WHEREAS, the Developer retained Regional Engineers, Planners" - Inc. ("REPS") to prepare certain construction plans for the HP Road Project; and WHEREAS, the Developer, the City and Orange County have heretofere approved certain construction plans for the HP Road Project last dated 6/19/92 as yrep.ad 1, REPS under Job No. 90-267 & 92-519 (the "Engineering Plans"); and WHEREAS, the Developer has incurred certain unreimbursed expens-i vntb REPS in connection with the preparation of the Engineering Plans; and WHEREAS, the Engineering Plans require the use of the HP Road Laud, tie_FI' Retention Pond Land and certain temporary construction and access easements to be located on the Property; and WHEREAS. :he City and the Developer desire to terminate the Samano Developer's Agreement and enter into this Agreement in order to resolve all outstanding issues between the City and Developer with respect to the HP Road Project and certain matters related to the development of Bumden Park Phase I Property, NOW, THEREFORE, in consideration of the premises contained herein and other good and valuable considerations exchanged between the parties hereto, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: Section 1. Recitalg. The above recitals are true and correct and are incorporated herein by this reference. Section 2. Agreement to Terminate Samano Developer's Agreement. Th. City and the Developer hereby agree to terminate, rescind and cancel the Samano G:..;J. ., Agreement, and forever release the Property and the parties hereto (and their predecetors and successors in interest) from the conditions, obligations and responsibilities thereunder. The parties hereto acknowledge that the City has been materially induced to agree to terminate the Samano Developer's Agreement in reliance upon the representations and agreements if the 2 Developer as set forth herein and that the City would not agree to terminate the Samano Developer's Agreement in the absence of such representations and agreements. Section 3. Conveyances to the City of Developer. (a) Donated I ands. Simultaneous with the execution of this Agreement, the Developer shall convey to the City marketable, fee simple title to the HP Road Land and the HP Retention Pond Land (collectively "the Donated Lands") (b) Procedure. The conveyance of the Donated Lands shall b•. by general warranty deed free and clear of all liens and encumbrances, except for easements of record, if any. The Developer shall pay all costs associated with the conveyance of the Donated Lands, including all recording fees and documentary stamp taxes relating to such conveyance. Ad valorem taxes in connection with the conveyance of the Donated Lands shall be prorated as of the date of transfer of tide and the prorated amount shall be paid by Developer to Orange County, Florida in escrow pursuant to Section 196.295, Honda Statutes, unless the conveyance occurs between November 1 and December 31 in which case ad valorem taxes shall he paid is full by Developer for the year of the conveyance. (c) Title Opinion. Developer shall provide to the City, at the Developer's sole cost and expense.contemporaneous with the conveyance of the Donated Lan' a current title opinion or current tide commitment(to be followed with a title policy)evidencing that fee simple tide to the Donated Lands is vested in the Developer and evidencing Donated Lands are free and clear of all liens and encumbrances, except for easements of record, if any. Section 4. Grant of Easements to City by Developer. Upon ninety(90)days written notice from the City, the Developer shall grant to the City all necessary temporary construction and access easements (the "Fiwments") as may be required by the City to allow for the construction of the retention pond and related improvements on the HP Retention Pond Land as provided in the Engineering Plans. The Easements shall be prepared by the City and shall be in a form and content typically required by the City for similar easements and shall include such terms and conditions as may reasonably be required by the City. The Easements shall be accompanied by the joinder and consent of all persons with an interest in the lands subject thereto, including but not limited to any mortgagees of such property. The Easements shall be granted tree and clear of all liens and encumbrances, except for easements of record, 3 if any. The Developer shall pay the cost of recording and documentary stamp taxes on the Easements. In the event Developer commences development of the Property prior to receipt a request from the City for the Easements, then in such event the grant of the Easements shall he addressed and provided for on the subdivision plat for the Property or a portion thereof and this Agreement will be amended consistent therewith. The term "development' as used herein shall have the same meaning ascribed thereto in Section 2.4.C(81)of the City Land Development Code. Section 5. Additional Documentation. In connection with the conveyan.^.t of the Donated Lands and the granting of the Easements, the Developer shall execute such other closing documents as may reasonably be required by the City, including but not limited to a no- lien affidavit. Section 6. Donation to City. The conveyance of the Donated Lands and the granting of the Easements shall be made at no cost or expense to the City. It is expressly agreed between the parties that the Donated Lands and Fasements are being donated to the City, and that neither Developer nor any other person or entity shall be entitled to any road impact fee credits or other compensation with respect to the conveyance of the Donated Lands and the granting of the Easements. Section 7. Commencement of Construction of Portion of Hackney-Prairie Road. Within three (3) years from the Effective Date or prior to the platting of all or a per of the Property, whichever occurs first, the Developer shall, at the Developer's sole cost and expense, permit. construct, pave and complete that portion of Hackney-Prairie Road which is contiguous to all or a portion of the Property so that Hackney-Prairie Road will extend as a paved roadway from the eastern boundary of the Prairie Lakes PUD to the eastern boundary of the Property. All such activities shall be in accordance with the Engineering Plans and all applicable ordinances, rules, regulations and codes in effect at the time of commencement of such construction (the "Regulations"). The Developer shall be responsible to pay, at Developer's sole cost and expense, any additional design, engineering and permitting costs as may be required at the time of commencement of such construction in compliance with the Regulations. Developer shall not be entitled to receive any road impact fee or other credits from the City for or relating to the aforesaid extension of Hackney-Prairie Road, except as expressly provided in Sectior 9 hereof. The Developer shall provide the City with a two (2) year 4 maintenance band for said improvements to be constructed by the Developer in an amount and on a form satisfactory to the City and in compliance with the requirements of the Cir Development Code. It is contemplated by the parties that upon completion of said improvements Mat Hackney-Prairie Road will extend from Clarke Road east to the eastern boundary of Bumden Park Phase I Property without any gap and that Bumden Park Phase I Property will have dedicated public access over a paved roadway as required by the City Land Development Code. Nothing contained herein shall preclude the Developer, at its option and sole cost a. expense, from extending Hackney-Prairie Road further east in accordance with the Engineerirz Plans so long as prior notice thereof is given to the City. Section 8. Completion of HP Road Project. The City has advised 'tiff Developer that it has no current plan to complete the extension of Hackney-Prairie Road as a paved roadway from the eastern boundary of Bumden Park Phase I Property east to ApepF-.- Vineland Road. Nothing contained herein shall be construed to impose any such obligation on the City or any governmental entity. Section 9. Road Impact Fee Credits. (a) Pursuant to the direction of the Developer.REPS has heretofore prepared the Engineering Plans and performed related activities (including the design of that portion of Hackney-Prairie Road located east of Clarke Road and west of the western boundary of the Property) at a total cost of S108,320.60(the "REPS Fee"). On behalf of the D. the City has heretofore paid REPS a total of S35,220.83 which was applied against the REPS Fee otherwise due and payable by the Developer. The aforementioned payment by the City related to the design and engineering costs for that portion of Hackney-Prairie Road located east of Clarke Road and west of the western boundary of the Property. The Developer has heretofore paid REPS a total of S73,099.77 representing the balance of the REPS Fee (the "Unreimbursed Portion of the REPS Fee'). (b) The City and the Developer have agreed that the Developer should receive road impact fee credits for a portion of, but not all of, the Unreimbursed Port., of the REPS Fee. Accordingly, in full consideration for any and all claims, monew y or otherwise, which the Developer may have against the City,including but not limited to any r i all obligations of the City to reimburse or pay for the Unreimbursed Portion of the REPS Fee and/or the Engineering Plans and any other activities or undertakings with respect to the dc:'. 5 engineering and permitting of Hackney-Prairie Road from Apopka-Vineland Road west to Clarke Road, the City hereby grants to the Developer mad impact fee credits, pursuant to Article I of Chapter 87 of the City Code of Ordinances, in the amount of S56,447.64(the 'Road Impact Fee Credits"). The Road Impact Fee Credits shall run with the land and may only be used in connection with the development of the Property and may not be transferred to or utilized in connection with the development of any other property within the City, but the use thereof will The controlled and directed by the Developer. Prior to any use of the Road Impact Fee Credits. the City shall be presented with written documentation showing that the REPS Fee has been paid in full and Nat REPS has been paid in full for the Engineering Plans and confirming the right of the City to rely on and utilize the Engineering Plans. Except for the Road Impact Fee Credits, the Developer waives and releases any claim it may have against the City to seek reimbursement of the REPS Fee. Section 10. Stub-Out of Road. At the time of construction of infrastructure improvements and/or platting of all or a portion of the Property, the Developer shall, at Developer's sole cost and expense, stub out and dedicate a road on the northern boundary of the Property, in a location and at a width acceptable to the City, to provide vehicular and pedestrian access between the Property and the Prairie Lakes PUD for the purpose of providing public access to such public parks and recreational facilities as may be constructed within the Prairie Lakes PUD and other nearby lands owned or to be owned by the City. The final location dimensions of the stub out shall be addressed and provided for on the Final Subdivision Plan for the Property or applicable portion thereof. The Developer shall not be entitled to any road impact fee credits or other compensation in connection with stub out. Section 11. Mutual Release. As of the Effective Date, each party hereto hereby releases, acquits and forever discharges the other party hereto and the other parry's subsidiaries, affiliates, officers, directors, elected officials, agents, employees, attorneys, servants, and partners (collectively referred to as the "Released Parties") from any and all claims, demands, debts, actions, causes of action, suits, contracts, agreements, obligations, accounts, defenses, offsets against the indebtedness and liabilities of any kind or character whatsoever, known or unknown, suspected or unsuspected, direct or indirect, in contract or in tort, in law or in equity, which either party ever had, now has or might hereafter have against the Released Parties, for or by reason of any matter, cause or thing whatsoever which relates 6 to, in whole or in part, directly or indirectly to the Samano Developer's Agreement, the prior negotiations of the parties with respect to the HP Road Project and/or the extension of Hach,-no- Prairie Road as a paved roadway from Apopka-Vineland Road west to Clarke Road; pi-evict/a, however, that nothing in this Section shall be constructed to prevent either party from enforcing its rights under this Agreement. Section 12. Legal Feeg. Each party agrees to bear its own legal fees and costs --in connection with all issues which are the subject matter of this Agreement. Section 13. Utilities to the Property. (a) Water. The Developer shall be responsible,at Developer's sole cost and expense, for the design, installation and constniction of the extension of a tweh.?r. inch (12") water line from the existing City water system located approximately 150 feet west of the Hackney-Prairie Road water plant westerly along Hackney-Prairie Road to the west boundary of the Property in a configuration acceptable to the City and adequate to (i) service the Property, (ii) adjacent lands east of the Property owned by Developer as of the Effectiv- Date, and (iii) future water system expansions. The extension of the water system shall be completed within three (3) years from the Effective Date or prior to platting of the Property or contemporaneous with the construction of the extension of Hackney-Prairie Road as described in Section 7 hereof, whichever occurs first. Developer shall not he entitled to any water impact fee or other credits for such extension of the City water system or oversizing of the I. the conveyance thereof to the City. The foregoing provisions are supplemental ru requirements set forth in that certain Developer's Agreement for Water Service dated November 10. 1988 as recorded in Official Records Book 4060, Page 1853, Public Records of Orange County, Florida,as amended by First Amendment to Developer's Agreement for Water Service dated August 7, 1990 as recorded in Official Records Book 4208, Page 337, Public Records of Orange County,Florida(collectively"the Water Service Agreement"). Nothing contained herein shall be construed to grant the Developer any reservation of water capacity beyond that set forth in the Water Service Agreement. (b) Sewer. The Property shall be required to utilize and connect to the City sanitary sewer system and the use of septic tanks shall be expressly prohibited. The Developer shall be responsible, at Developer's sole cost and expense, for the design, installation and construction of the extension of the City's sanitary sewer system from the existing r1^ 7 sanitary sewer system located at the intersection of Clarke Road and Hackney-Prairie Road to the Property. The sewer lines and related improvements shall be sized as required by ' - to service the Property and future system expansions. The extension of the sanitary sewer system shall be completed within three (3) years from the Effective Date or prior to platting of the Property. or contemporaneous with the construction of the extension of Hackney-Prairie Road as described in Section 7 hereof, whichever occurs first. The Developer shall not be entitled to any sewer impact fee or other credits for such extension and the oversizing :'i Cr. sewer lines. Prior to the commencing said improvements, the Developer shall enter into the then standard form of Developer's Agreement for Wastewater Service with the City, which agreement shall incorporate the provisions of this paragraph. (c) Reserved Capacity. Nothing herein shall be construed to guaranty or reserve any water or sewer capacity for the Property or the Developer. Exnrpr a: expressly set forth in the Water Service Agreement, the City has not made any representation or guaranty to the Developer that such capacity will be available at the time of development of the Property. The Developer shall be entitled to reserve water and sewer capacity, subject to availability, upon execution of the developer's agreements as provided in subsections (a)and(b) above and payment of all applicable fees and charges in connection therewith. Section 14. Comoliance with Laws. The Developer shall comply with all applicable. federal. state and local ordinances and regulations in effect at the time r of the Property. Nothing contained herein shall limit the right of the City to prescribe other conditions on the development of the Property in accordance with applicable City ordinances and land regulations in effect at the time of development. Section 15. Notice. Any notice delivered with respect to this Agreement sn. be in writing and be deemed to be delivered (whether or not acmilly received) when (a) hand delivered to the person hereinafter designated, or(b) upon deposit of such notice in the United States Mail, postage prepaid, certified mail, return receipt requested, addressed to the person at the address set forth opposite the party's name below, or such other address or to such other person as the party shall have specified by written notice to the other party delivered in accordance herewith: 8 Developer: Impenal Partnership P.O. Box 607307 Orlando, FL 32860-7307 City: City of Ocoee 150 Lakeshore Drive Ocoee, Florida 34761 Attn: City Manager Section 16. Covenant Running with the Land. This Agreement shall be binding, and shall inure to the benefit of the heirs, legal representatives, successors and assigns of the parties, and shall run with the Property and be binding upon the successors and assigns of the Developer and upon any person, firm, corporation, or entity who may become the successor in interest to the Property. Section 17. Recordation of Agreement. The parries hereto agree that an executed original of this Agreement shall be recorded, at the Developer's expense, in the Public Records of Orange County, Florida. Section 18. Applicable Law. This Agreement and the provisions contained herein shall be construed, controlled, and interpreted according to the laws of the State of Florida. Section 19. Time is of the Essence. Time is hereby declared of the essence to the lawful performance of the duties and obligations contained in this Agreement. Section 20. Merger; Amendment. This Agreement constitutes the agreement between the parties, and supersedes all previous discussions, understandings and agreements, with respect to the subject matter hereof; provided. however. that the Water Service Agreement remains in full force and effect. Amendments to and waivers of the provisions of this Agreement shall be made by the parties only in writing by formal amendment executed by both parties. Section 21. Further Documentation. The parties 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 reasonably necessary to confirm and/or effectuate the obligations of either party hereunder and the consummation of the transactions contemplated hereby. 9 Section 22. Specific Performance. The City and the Developer shall have the right to enforce the terms and conditions of this Agreement by an action n • performance. Section 23. Attorneys' Feeg. In the event that any party finds it necessary In commence an action against any other party to enforce any provision of this Agreement, or because of a breach by any other party to this Agreement of any terms hereof, the prevailirg 'Tarty shall be entitled to recover from the other party or parties its reasonable attornsg-..' .. legal assistants fees and costs incurred in connection therewith,at both trial and appellate levels, including bankruptcy proceedings, without regard to whether any legal proceedings are commenced or whether or not such action is prosecuted to judgment. Section 24. mtn C teroarts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original but all of which together th-" constitute one and the same instrument. Section 25. Construction of Agreement. Captions of the Sections and Subsections of 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 26. Effective Date. The effective date of this Agreement (the "Effective Date") shall be:he date when the last one of the Developer and the im.• executed this Agreement as determined by the date set forth immediately below their signatures of Developer and the City. IN WITNESS WHEREOF, the City has caused this Agreement to be duly executed by its duly authorized representative on the day and year set forth below. "CITY" Signed. sealed and delivered CITY OF OCOEE, in the presence of: a Florida municipal corporation By: Signature S. Scott Vandergnft, P" vr. Print/Type Name Attest: lean Grafton, City Clerk Sig ama (SEAL) DATE: '^3 PnnuType Name 10 FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA. APPROVED AS TO FORM AND LEGALITY this day of , 1997. APPROVED BY'HIE COMMISSION AT A MEETING FOLEY & LARDNER HELD ON , 19q UNDER AGENDA ITEM NO._. By: City Attorney 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 V ANDERGRIFT and JEAN GRAFTON, personally(mown 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 then by said municipality. WITNESS my hand and official seal in the County and State last aforesaid this day of , 19q. Signature of Notary Name of Notary :Typed.Panted or bumped) —_ Comwolnu Number(dam legible an,a.n: _. ar Commluun 6plrt,nr nu legible en _.. 11 IN WITNESS WHEREOF, the Developer has caused this Agreement to be duly executed by its duly authorized representative on the day and year set Cori; below. "DEVELOPER" IMPERIAL PARTNERSHIP, a Florida general partnership Signed, Wiled and delivered By: WILLIAM HARGREAVES in the presence of: CORPORATION, a Florida corporation, as managing general partner "'^'�' ` F+/1 By: `/CCM.ty] CItiWUTL. signature Name: James M. cannon Alexander C. Mackinnon Title: Vice President Pratt/Type Name '— (CORPORATE SEAL), re-Fe/Cie (711, Sign re Ellen T.Ali Print/Type Name And By: WARBURTONS ORLANDO, INC., (�;(�� it/ / a Florida corporation,g /asgee tanneral , ""4�"'t By: JLLf:ial n"..-W✓wtA lti- Signarure Name: Jams M. Cannon Alexander C. Mackinnon Title: Vice President Prim/Type Name (CORPORATE SEAL). Signature Ellen T.Ali PrmuType Name 12 STATE OF FLOR/DA COUNTY OF nonwa I HEREBY CERTIFY that on this day, before me, an officer duly 'fairy: nil in the State and County aforesaid to take acknowledgements, personally appeared James M. Cannon a5 Vice President Of WILLIAM HARGREAVES CORPORATION, a Florida corporation, as managing general partner of IMPERIAL PARTNERSHIP, a Florida general partnership, who apt] is personally known to me or [ ] produced as identification, and that he/she acknowledged executing the foregoing instrument on behalf of said corporation and said partnership, in the presence of two subscribing witnesses, freely and voluntarily under authonry duly vested in him/her. WITNESS my hand and official seal in the County and State last aforesaid this /V' day of December , 1996. I LO Signature of Notary e.,alai C. Mackinnon Name of Notary (rem,Pined or!mew) Coronation Number al no legible on Nan: My Communion Expires Of not legible on main MER mamas F]]]f . LL!AV LCAMISSIOMI6AbI1B�'i-, .A'` imtolM Mery Rfi lMMr+al STATE OF FLORIDA COUNTY OF ORANGE I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgements, personally appeared dames M. Cannon as Vice President WARBURTONS ORLANDO,INC., a Florida corporation,as general partner of IMF; PARTNERSHIP, a Florida partnership, who k ] is personally known to me or [ ] prow,,. as identification,and Nat he/she acknowledged executing the foregoing instrument on behalf of said corporation and said partnership, in the presence of two subscribing wimesses, freely and voluntarily under authority duly vested in him/her, and Nat 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 December , 1996. Signature of Notary AbxnMar r Martinnen Name of Notary gyps.heed or sunmrn) Comounieu Number Pine legib4 on man: _ My Commission Eyirts(if nu legible on man: :. ;. .._ MYCIAIOEP G.MPC:NHNON MY ECES!/YawSSEN I LL.lase I'n _ DEITO d?Ia6:Mwnnbm 2lZ8 9uy]1bx WajP *th,,YwRn I 13 Legal Description The East 1/2 of the NE 1/4 of the SE 1/4; the West 1/2 of the NE 1/4 of the SE 1/4 less the South 500 feet; the West 1/3 of the NE 1/4 of the SE 1/4 of the SE 1/4: and the North 100 feet of the West 230 feet of the SE 1/4 of the SE 1/4 of the SE 1/4; all in Section 4. Township 22 South, Range 28 East, Orange County, Florida. Exhibit "A" (PHASE 1) 14 3 Exhibit 'B" Phase I - Page 1 of 2 Pages LEGAL DESCRIPTION BURNDEN PARK ROADWAY LEGAL DESCRIPTION (ROAD) A PARCEL OF LAND LYING IN SECTION 4, TOWNSHIP 22 SOUTH, RANGE 28 EAST. BEING A PORTION OF THOSE LANDS DEPICTED IN PLAT BOOK S. PAGE 120. OF THE PUBLIC RECORDS OF ORANGE COUNTY, BEING MORE PARTICULARY DESCRIBED AS FOLLOWS, THE SOUTH 30.0 FEET OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER AND THE NORTH 30.0 FEET OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION +, TOWNSHIP 22 SOUTH. RANGE 28 EAST ORANGE COUNTY, FLORIDA, TIIRVEYPR'V NfT«i (I) REPRODUCTIONS OF THIS LEGAL DESCRIPTION ARE NOT VALID 'WITHOUT HE S:CNA:URE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. (2) THIS SKETCH AND DESCRIPTION WAS PREPARED WITHOUT THE BENEFIT OF A TIRE REPORT OR ABSTRACT AND MAY NOT DEPICT ALL OWNERSHIP, EASEMENTS, ENCUMBRANCES, AND OTHER INSTRUMENTS OF RECORDS. <3) THE DELINEATION OF LANDS SHOWN HEREON IS AS PER THE CLIENT'S INSTRUCTIONS, (4) THIS LEGAL DESCRIPTION DOES NOT CONSTITUTE A BOUNDARY SURVEY, AS SUCH. (5) THIS LEGAL DESCRIPTION IS CERTIFIED TRUE AND CORRECT TO, 1l FOLEY AND LARDNER 2) IMPERIAL PARTNERSHIP 3) CITY OF OCOEE CHARLES B. GARDINER III FLORIDA PROFESSIONAL LAND SURVEYOR NO. 5046 :HIS IS NOT A SURVEY • REPS D • rt,.,gs rvc. ¢-20- 99fi '5:0 e CALLvAa I 2CP rr Cr a uTCW.cA n: s,a 411 ST E_— I J 15 Exhibit "B" Phase I - Page 2 of 2 Pages SKETCH OF DESCRIPTION BURNDEN PARK ROADWAY 1 F(iFNP: T = TOWNSHIP R = RANGE SEC. = SECTION I SCALE, I•=100' O.R.B. = OFFICIAL RECORDERS BOOK SE 1/4, NE 1/4, SE 1/4 SEC. 4 T22S-R2E W N , C LI m '. 4, La nj ce VI 1 N N M1. N 2 i C T v J U J 11 ...._-TO CLARK ROAD ,Q,TO APOPKA-VINELAND RD.-4...�S. LINE SE 1/4, NE 1/4, SE 1/4 SEC_4-T22S-R28E V c N. LINE NE 1/4, SE 1/4, SE 1/4 SEC. 4-T22S-R c28E c - b co co j- i -60.0' RIGHT OF 'JAY O.R.B. 4968 PG. 3396 I i LAKE -AU.NBY :HOPE: • PLAT -.Cui: i ?AGE :20 - 3 4 I NE , 1/4, SE, 1/41, SE 1/4 'SEC.( d T�2S iR2 E' 1 THIS IS NOT A SURVEY _s•.PiPne, _.92 REFS C.BB.G..C. zfy,,,<0:. .- .. .:rAk c'er,R5. •r•' 12-24-1996 -- .<1,9 ALL ::k,E;,:':.': c .- 1" m 100' 'AL MOO. FLORIPA .i:78io an7..522-757r, .CALE. 'CC•;r!CAT',X AUriN,RIZA P.,a 4..3 4/41 .•¢CT 2`i5_2 16 Exhibit "C" Phasel - Page 1 of 2 Pages LEGAL DESCRIPTION BURNDEN PARK STORMWATER RETENTION POND TRACT LEGAL DESCRIPTION (POND) A PARCEL OF LAND LYING IN SECTION 4, TOWNSHIP 22 SOUTH, RANGE 28 EAST. BEING A PORTION OF THOSE LANDS DEPICTED IN PLAT BOOK S, PAGE 120, OF THE PUBLIC RECORDS OF ORANGE COUNTY. BEING MORE PARTICULAR? DESCRIBED AS FOLLOWS! THE WEST 62D.0 FEET SF THE NORTH 230.0' FEET OF -HE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER GE THE SOUTHEAST, QUARTER OF SAID SECTION 4 TOWNSHIP 22 SOUTH. RANGE 29 EAST, ORANGE COUNTY,FLORIDA LESS, THE NORTH 30.0 FEET. CIIRVFYDR'^ NfTFS2 (11) REPRODUCTIONS OF 'HIS LEGAL DESCRIPTION ARE NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. (2) THIS SKETCH AND DESCRIPIIO:V WAS PREPARED WITHOUT THE BENEFIT OF A TIRE REPORT OR ABSTRACT AND MAY NOT DEPICT ALL OWNERSHIP. EASEMENTS. ENCUMBRANCES. AND OTHER INSTRUMENTS CF RECORDS. (3) THE DELINEATION OF LANDS SHOWN HEREON IS AS PER THE CLIENT'S INSTRUCTIONS, <4) THIS LEGAL DESCRIPTION DOES NOT CONSTITUTE A BOUNDARY SURVEY, AS SUCH. (5) THIS LEGAL DESCRIPTION IS CERTIFIED TRUE AND CORRECT TO, 1) FOLEY AND LARDNER 2) IMPERIAL PARTNERSHIP 3) CITY OF OCOEE "[CHARLES 3. GARDINER III FLORIDA PROFESSIONAL LAND SURVEYOR NO. 5046 THIS IS NOT A SURVEY -9g ACC.0 REPS OR:A1100.orr B G. )7 Exhibit “C'' Phaes I - Page 2 of 2 Pages SKETCH OF DESCRIPTION BURNDEN PARK STORMWATER RETENTION POND TRACT "8" LEGEND: T = TOWNSHIP R = RANGE SEC. = SECTION I SCALE, l'=100' CO CO rki •-• (4 c..) •— •-• rU W Z T :3 U L.A.3 u =.- w _ . . . . T TO •CLARK ROAD N. LINE NE 1/4, SE 1/4, SE 1/4 y TO APOPKA-V1NELAND RD.-4.- • I SEC. 4-T22S-R28E --; so 620.0' c> 2.85 ACRES± • c) ..At 1Afl NY >OPE!: CU ALAI LOD i PAGE :20 • , • I V NE 1/4. SE 1/41, SE 1/4 4 T22S-1R28.E THIS IS NOT A SURVEY REPS I :,9 1'2-513 ruiv.• ' •fS E,1.;1t/EERS. t'ir) op 12-24-1996 _ ALL -111ERICAN lEaLLD. MO. 3:3I0 ,07 5:• -7-3 SCALE. TIPC.I. AUTHOR/ZA •I . 31 ET........2__ 18 ,.1,2 TTIOM.\S H. LOC:i R. _ z .,. Rac Fee oo Oranz;e Count.y . Add Rec ` Comptroller Doe Tax Litt Tax $`_— pu lerk Dety C 286O955ORANGE CO. FL. otal $ Q�.. :1F•Y T �� :=4�:Tve ^ 39/30/87 OR3 24FGI849 DEVELOPER' S AGREEMENT (Case No. 03R-87) DEVELOPER' S AGREEMENT, made this 4Itit day of10:(0.trat . , 1987 , by and between GREGORY P. SAMANO (hereinafter referred to as "Owner" ) and the CITY OF OCOEE, a municipal corporation existing under the laws of the State of Florida (hereinafter called the "City" ) . WITNESSET H: WHEREAS , Owner is the record titleholder of approximately 37.1 acres of land lying in the City of Ocoee located Northwest of Prairie Lake at the Western terminus of Hackney-Prairie Road said Property being more particularly described in the attached Exhibit "A" ( the "Property" ) and; WHEREAS , by City Ordinance #935 , dated the 16th day of December 1986 , the City did annex the Property into the city limits of Ocoee; and WHEREAS, the City is presently contemplating the amendment of > \( its Comprehensive Plan to designate the use of the Property for ; :., � : ; Residential purposes and to amend its zoning ordinance con- W c ;:• ,1Jx _. sistent with such land use designation; and y Y :� o c: o u- J WHEREAS , in conjunction with said Comprehensive Plan amend- g=c 'J ment and rezoning , the parties have agreed to certain terms and conditions that will assist in regulating the development and use of the Property for the mutual benefit of the parties , adjacent landowners and the community in general . NCW, THEREFORE, in consideration of the premises and as a means to implement the amendment of the City Comprehensive Plan and the rezoning of the Property to R-1-A Single Family Dwelling - District, the parties agree as follows : 1 . The Owner shall transfer to the City all lands under his ownership to provide sixty-feet ( 60 ' ) of road right-of- way for the Westerly extension of Hackney-Prairie Road through the Property, except where the Property abuts Lake Hackney Shores subdivision as recorded in Plat book S , Page 120 , Public Records of Orange County, Florida, on the south , only thirty-feet ( 30 ' ) of road right-of- way shall be transferred. Such transfer shall be at the sole cost of the Owner and shall be documented by Warranty Deed to the City in form and substance satis- factory to the City and its Attorney. In addition, Owner shall provide the City with a title opinion by Owner ' s attorneys evidencing the unencumbered ownership of such right-cf-way, subject to any easements recorded in the Public Records of Orange County, Florida. The c c transfer shall be made within ninety ( 90 ) days of the cz O execution of this agreement. p yq • C Y C c 0 Lay C �= :� U.. p 0R3924 PGI850 2 . Prior to or contemporaneously with the issuance by the City of building permits on the Property: (A) The Owner shall construct a twenty-four ( 24 ' ) foot paved road (Hackney-Prairie Road) from the East boundary of the Property to the West boundary of the Property in accordance with standards of the City. In the event the City adopts a city-wide transpor- tation impact fee ordinance, the Owner shall be entitled to a credit against any road impact fees otherwise required under such ordinance for an amount equal to fifty ( 50% ) percent of the Owner ' s oro-rata cost of constructing the road improvements from Apopka-Vineland Road to the East boundary of the Property and the cost of paving or improving for right-of-way purposes the North thirty-feet ( 30 ' ) of Lake Hackney Shores as recorded in Plat Book S , Page 120 , Public Records of Orange County, Florida. w (9 ) The Owner shall also be assessed the pro-rats por- o: ro cN tion of the paving cost of Hackney-Prairie Road C c . from the Eastern boundary of the Property to c1 cs Apopka-Vineland Road , and the cost of acquisition w -" whether the same be by purchase or by the exercise c c of eminent domain of the North thirty-feet ( 30 ' ) of -3- OR3924 PG i 85 .1 Lake Hackney Shores as recorded in Plat Book S , Page 120 , Public Records of Orange County, Florida, said North thirty-feet ( 30 ' ) being a former right- of-way vacated by Orange County in Resolution recorded at Official Records Book 1196 , Page 595, Public Records of Orange County, Florida, based upon the number of lots to be developed within the Property. Owner ' s liability shall not exceed one- third ( 1/3 ) of the total cost of paving Hackney Prairie Road from the East boundary of the Property to Apopka-Vineland Road and the cost of acquiring the North thirty-feet ( 30 ' ) of Lake Hackney Shores . Said assessment shall be the sub- ject of a separate, future agreement between the parties . (C ) The City agrees that it shall acquire by purchase or by the use of its eminent domain power the North thirty ( 30 ' ) feet of Lake Hackney Shores as recorded in Plat Book S , Page 120 , Public Records Eco �o cy of Orange County, Florida. The cost of said w(r) acquisition shall be subject to the pro ratim w c = agreement referred to above. r - e 3 . When required for development of the Property, Owner rc shall pay the full initial cost of extending a water line from the most reasonable point in the City' s water system westerly along the right-of-way of oa3924 PG 1852 -4- Hackney-Prairie Road to the West boundary of the Property in a size and looped configuration adequate to service the projected development to be located on the Property and future system expansion as specified by the City. To the extent it is reasonably within the control of the City, City shall cooperate in attempting to reim- burse the Owner a portion of the cost of oversizing the water line beyond the needs of the Owner ' s development to be located and serviced on the Property. The intent of the parties as evidenced in this paragraph shall be the subject of a further water line extension and reim- bursement agreement to be mutually-negotiated by the parties . The City and Owner understand and agree that the City may not be in a position to provide adequate water supply capacity ( i . e. , wells , storage, high ser- vice pumping capacity, etc. ) when the Owner is ready at some future date to proceed with development of the Property. The parties further understand and agree that the City, for financial reasons , may not be in a posi- tion to pay for necessary water supply capacity improve- w :rents , when required , unless significant capital . contributions are made by the Owner and possibly other o < w developers . If the Owner is required to participate in O u '< c ¢ LL the costs of such water system improvements in order to t5zw provide adequate capacity for the Owner ' s development (7.)o 0 project, a separate agreement will be developed between the parties which will provide that any contribution to 5 U,33924 PG 1853 such improvements by the Owner will be either credited to the Owner, or provide that the Owner will be reim bursed by other methods . The method and time frame for said reimbursement shall be the subject matter of the separate agreement contemplated in this paragraph. The parties agree that Owner may at its option submit a reservation agreement wherein Owner shall pay a water reservation fee to reserve water capacity from the City. 4 . If required by the Owner for development of the Property, Owner shall pay the cost of extending sanitary sewer line to the boundary of the Property in a size adequate to service the projected development and future system expansion as specified by the City and/or other local utility companies . In the event sewer service is not available at the time Owner is ready to proceed with development, then Owner shall have the right to plan for other methods of sewage treatment to service its deve- lopment subject to its ability to obtain all necessary permits and in accordance with all applicable City, o State and Federal regulations . c Woo ow42 5 . The Owner shall comply with all applicable State and c G 4` local ordinances and regulations in effect at the time o Z W of development of the Property. The owner further c agrees to hold harmless the City of Ocoee from and against any claims , including , but not limited to, un3924 ?GI854 -6- attorneys fees , costs and damages incurred as a result of the Owner ' s negligent or willful violation of said governmental regulations ; provided, however, the Owner shall , as a minimum, serve as co-counsel to the City of Ocoee in its Legal representation in the event any such claim may arise. This provision shall only apply to actions filed within two ( 2) years from the completion of construction of the improvement for which a claim may arise or any separate claim not otherwise barred by an applicable statute of limitations ; and shall not apply to claims arising as a result of the City' s maintenance of or failure to maintain any facilities within the Property. 6 . Development of the Property, including site plans , building plans and other permits or approvals shall be in compliance with all City and State ordinances and regulations and shall be reviewed with specific atten- tion to transportation requirements of the Ocoee Comprehensive Plan, which may include furnishing a traf- fic study prior to submittal of any formal development �� plans , together with a conceptual land use plan which c provides for a master internal collector street system c emu. layout agreeable to the City. Phasing for construction C z y Cow of internal collector streets shall be when warranted bye% the traffic study. -7- 883924 ?G i 855 7. This Agreement shall be binding upon the Owner , its suc- cessors and assigns as owners of all or any portion of the Property. The terms , conditions and restriction contained herein shall be specifically enforceable by the successors or assigns of the Owner or by the City of Ocoee. 8 . This Agreement shall be recorded at the Owner ' s expense in the Public Records of Orange County, Florida, and shall constitute a convenant running with the land. However, nothing contained herein shall limit the right of the city to prescribe other conditions on the deve- lopment in accordance with applicable City ordinances and land regulations in effect at the time of develop- ment . For the purposes of this provision, "time of development" shall be defined as the time when Final Engineering Plans for development of any portion of the property are approved by the City. 9 . Upon satisfaction of the conditions set forth herein , the City shall , upon request by Owner or its successors , execute a document in recordable form acknowledging the completion and/or satisfaction of the conditions con- tained herein. Recording of such a document in the Public Records of Orange County shall serve to cancel = and terminate of record this Agreement or any portion - - i thereof , which shall thereafter be of no further force _ J or effect; provided, however the provisions of paragraph 8 0R3924 PG 1 856 5 hereof shall survive for the period set forth therein. Unless so cancelled, this Agreement shall be perpetual in duration. 10 . This Agreement and provisions contained herein shall be controlled and interpreted in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the Owner has executed this Agreement for the purpose stated herein on the day and year first above written . ,err --7,'4 / ., WITNESS OWNER: GRE RY , . S A6i=/ AC WITN SS CITY OF OCOEE, WITNESS a Municipal Corporation WITNESS Thomas R. Ison Mayor-Commissioner w [C cc w r_ Gr, O Zr- u_ � Z• w c - C: O 9 DP, 3924 PG 1857 STATE OF FLORIDA ) ) COUNTY OF ORANGE The fore�oing instrument was acknowledged before me this 3i day of *i4,44? , 1987 by GREGORY P. SAMANO. tart' Public My Commission Expires : NOTARY PUBLIC STATE OF FLORIDA NY CDMISSION TIP SEPT 17,1989 BONDED THRU GENERAL INS. ONO. STATE OF FLORIDA ) COUNTY OF ORANGE The fore o ng instrument was acknowledged before me this day of , 1987 by Thomas R. Ison as Mayor-Commis oner or the City of Ocoee, a municipal corporation. Notary Public My Commission Expires : Nctary Poblic. Slits. of Florida at Lssce My t mmm ..Ion E_ cmr_ ]_.. Bonged tbru Agent's 6.._r , .r ol:e;xawn T, OR3924 'G 18 ` 8 EXHIBIT "A" DEVELOPER ' S AGREEMENT (CASE NO. 03R-87) The East 1/2 of the N.E. 1/4 of the S.E. 1/4; the West 1/2 of the N.E. 1/4 of the S.E. 1/4 less the South 500 feet thereof; the West 1/3 of the N.E. 1/4 of the S .E. 1/4 of the S .E. 1/4 ; and the North 100 feet of the West 230 feet of the S. E. 1/4 of the S.E. 1/4 of the S .E. 1/4 ; all in Section 4 , Township 22 South, Range 28 East, Orange County, Florida. OR392 '4 ?G i 859 Cr, EXHIBIT "A" CITY OF OCOEE NOTICE OF PUBLIC HEARING TO CONSIDER ADOPTION OF PROPOSE)ANNEXATION ORDINANCE NO.97-08 •-• •' CASE NO.AR-45-O6.o t(BURNOEN PARK,PHASE II) TL (��1 Sentinel NOTICE IS HEREBY GIVEN pursuant to Sections 188.041 and 171.004 Florida The Orlando Sentinel Statutes,and Sections 1-10 and 5-0,Ocoee Land Development Coda,that on Feb- ruary 4,1997 at 7:30 p.m.,or as soon thereafter as practical,the OCOEE CITY COMMISSION will hold a PUBLIC HEARING at the City Co enhslion Chambers•150 Published D O I I Nora'Lakeshore Drive.Ocoee.Fonda to m th mercer on e second of two readings YY of the fdlowhng ordinance: $424.40 A ORDINANCE OF THE CITY OF OCOEE,FLORIDA,ANNEXING INTO THE ' CORPORATE LIMITS OF THE CITY OF OCOEE,FLORIDA,CERTAIN REAL ' PROPERTY CONTAINING APPROXIMATELY 22 ACRES LOCATED BOTH NORTH AND SOUTH OF HACKNEY•PRAIRIE ROAD BETWEEN CLARKE M�. ate of or t ROAD AND APOPKA-VINELAND ROAD PURSUANT TO THE APPLICATION `�� S s SUBMITTED-BY THE PROPERTY OWNERS;FINDING SAID ANNEXATION TO BE CONSISTENT WITH THE OCOEE COMPREHENSIVE PLAN,THE COUNTY OF ORANGE q 1.a-•.40,,rlre OCOEE CITY CODE•AND THE JOINT PLANNING AREA AGREEMENT: PROVIDING FOR AND AUTHORIZING THE UPDATING OF OFFICIAL CITY `144 - r + iT/1 ROSIt!1'1a MAPS;PROVIDING DIRECTION TO THE CITY CLERK;PROVIDING FOR.I 1`�'1 V 1"1!'1 It .'7/�LJIl SEVERABIUTY;REPEALING INCONSISTENT ORDINANCES;PROVIDING; -. Before the undersigned author►ty persoatIS ttpreare h:""" FOR AN EFFECTIVE DATE. i. �• •' , who on oath says Set form below Is a map showing the area propo»d to be arnexsd;,' R4/•1 that he/she is the Legal Advertising Represent l.Th,Drt�ndo Sentinel, a daily - • . - : i-' i ?• "* -� newspaper published at ORLANDO i I City Ocoee Planning wpattrt,ent f' '`.'''e ORANE Coun Florid Burden Park,Phase ii that the attached co�ppyy of advertisement, being a CITY Or OCOLE Nor . in the matter of 3UKNDENT PARK PH as7 II in the ORANGE Q�rt' ' was published in said newspaper in the issue;of DJL/U'1/'i t,llS/lab/ • l � f��try��, lr �gt Affiant further says that the said Orlando Sentinel is a newspaper published at t 04RAQQ NGE in said County, Florida, r». and that the said newspaper has heretofore been continuously published in ". ; ►r..tiLAO ........ said ORANGE County, Florida, a• "`e'"e""e • each Week Day and has been entered as second-class mail matter at the post • , - office .n OqLANDO in said - • ORANGE County, Florida, for a period of one year next preceding the first publication of the attached „mIxe7Pr.r,.R...r • taar.a copy of advertisement: and affiant further says that he/she has neither paid ,' ' •.• nor promised any person, firm or corporation any di count, rebate, " , • commission or refund fo purpose of securing this d rtiseme for a„el..t publication in the said ne a . 1 Property t `p,seer meet The foregoing instrument was a�klnowled ed before m4 is al of JANUARY , 19_9 y 1 'I"ON A 1 _ who is personally known to me and ho id take a tin. / / legend: Gee weds AR.55-0604 Iiillinli. CILLER (SEAL) ZnP �( rRiip: S/n1A�fl _ I I� _1 i.SWAP t� Subject Ocoee City Orange Outs ld.of Property Limits County JP - North {ilCeaalalraaar- 11 Caw l o. The City Commission may 0OI* s the pubic hearing to otnr dais and times as they deem necessary.My Intereeled and P continuation Of t hisp or shells' sd that!he dates times. andhearings gna be w during the r,ears,g and that rho further notices regarding these matters MI . A copy of the proposed ordinance.including a complete legal de,a boon by metes and boixrCsi may be inspected at the Ocoee City Glenna OIem 150 North Lake- shore Drive.between the hours of 8:00 am.and 5:00 pm.Monday trough Friday. except legal holidays.Interested parties may appear at the meeting and be heard with respect:o the proposed Ordnance_Any person alto desires to appeal arty de- usion made Outing the pudic hearing may need a record Of the proceeding and for the purpose will need to ensure that a verbatim record of the proceeding is made whk3t includes the testimony and oedema upon which the appeal is Posed.Per- sortsuwith disaberties needing asablanos to perecipetrIn any of ate should Contact the City Cleric a Odes 48 hours in wanes of the meusng at(40 8561322 JEAN`GRAFTON.CITY CLERK,CITY OF OCOEE • - ' . l S Ot908051 iAN 08.t819t�7 i I OTCE OF The Orlando Sentinel N CONSDOOE`�R PUBLIC ONNlOOP PROPOSED REZONING Published Doily ORDINANCE NO.Psoim-' $85.20 NOTICE IISSHEREOMEN.E"ACpams% IC SecIMn 1EB.Ot1.Maude Statutes, M.d Sedans 1'IO end 5-8,Ocoee Lin Mate at j loriba J mN PP Fednan4 as practical.. aO CITY COM ' S.S. °0W*1 the OCOEE E RING : MISSION v.1jmmaPUe(ICbntO COUNTY OF ORANGE the aVaamDea.awn.Fo LEG al Lakeshore econOm.:rd Gado ed ncmWwm MvmHleehg: BEVERI,Y C.SIMMONS mince ORDINANCE OF. ECI Nu Before the undersigned authority personally appeared OF 00 OF THE CITY OF OCOEE FLORIDA,CNANG- , who on oath says INC THE ZONING L DI SIFICA- that hershe is the Legal Advertising Representative of The Orlando Sentinel,a daily TON FROM ORANGE COUNTY, news a er published at 0 RI ANDO A-0,CITRUS RURAL DISTRICT - In TO OCOEE M1I.L SINGLE FOAM. County.,Florida LY DWELLING DISTRICT, ON. that the attached copy of advertisement. beings CTSY OF 0 CORD NOT T�MON 22AACR°ESES(MORE OR in the matter of aI1RNDFN PARK , PHASE II LESS)LOCATED BOH NORTH AND SOUTH OF HACKNEY PRA4 PIE ROAD BETWEEN'CLARKE 1 in the ORANGE ROAD AND APOPKA-VINELAND was published in said newspaper in the issue;of ❑L/19/97 Court, PPLLICATON SUBMITTED BY THE I PROPERTY OWNERS:FINDING' SUCH ZONING TO BE CONSIS o TENT WOH THEOCOEE COM- PREHENSIVE PLAN,THE OCOEE CITAffiant further says that the said Orlando Sentinel is a newspaper published at T4A DOGE THE JOINT- NNING AREA AGREEMENT; ORLANDO in said PROVIDING FOROR AND AFTIO. O RANGf RMING THE REVISION OF THE h County, Florida. OFFICIAL Cm ZONING MAP; and that the said newspaper nas heretofore been continuously published in DINANNCESG;PROVIDING FOR said ORANf E County, Florida, BEVERABILm;PROVIDING FOR eacn Week Oay and has been entered as second-class mail matter at the post me EFFECTIVE Conenps„a c.I may tonne me I' office in QRI AN DO in said oumc h.an°to aw am and tine ' ORANGE oNmayal be Any tmaas, County, Florida, P y ands lame of aco'mne°aa 'or a Dermal of one year next prececing the first publication of the attached limedm o,om,nnwo any usahog thaii ' copy of advertisement; and affiant further says that he/she has neither paid that announced Ga public hermn at nor promised any person, firm or corporation any discount, rebate. rehessr„lbe hatlief pl rigid°Bf°"GI'°" commission or reluno for the aurops securing th d(fverti ment for Intreled pamee may appear an the publication in the said newspaper. / meeting end be heard regarding the 2 the MolncenuAspy ��-nv�" aNwneay.1 tau ,i 50 Noll Lu°Nw Oi% between the d The toregmsffistrument wagyc‘nowled ed before a this 22nciday of imm FideeG Monday JJHHNNOOAAINZ�Y' 19 9/ jy g ,Y C.S N,�— also desires NH mamma made dune°the public"ea,. wno is personally known to me an�W-[lodidtake oath. J +`May °1Ar0a1°°'�' � i - verbatim rot "eld to ear lUANiTA R Proceedings .m ,record Iuthe to r as s...demo mood e ne is Bm o'Bonded in,Ammons In am "NoeSE My Comm Fop 7/13198 u aingaaawnPersons tPm'N a P MaNCICe JYM1Oce naS should Y' PUare I, 'L' meeting al Po JEAN OROE.Lm CLERK,OF IIrave OB+ IJOWL& m of0 0EE C OLSI9o9IIa WIVA JFJA ISIS9N 19.1937