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HomeMy WebLinkAboutVII(E) Interlocal Agreement With Orange County School Board Agenda 8-03-99 Item VII E • FOLEY & LARDNER • MEMORANDUM CLIENT-MATTER NUMBER 020377-0473 TO: The Honorable Mayor and City Commissioners of the City of Ocoee FROM: Paul E. Rosenthal, Esq., City Attorney DATE: July 28, 1999 RE: Interlocal Agreement between City of Ocoee and School Board of Orange County/School and Park Site North of Maguire Road and Adjacent to Proposed Ocoee Crossings Subdivision ISSUE: Should the City Commission approve the proposed Interlocal Agreement between the City and The School Board of Orange County, Florida with respect to a proposed school and park site located east of Maguire Road and adjacent to the proposed Ocoee Crossings Subdivision? BACKGROUND: The City staff has been actively working with the School Board to identify a school and park site to be located in the vicinity of Maguire Road south of S.R. 50. These efforts have resulted in the identification of the "Christensen/Dye Site" located east of Maguire Road and adjacent to the proposed Ocoee Crossings Subdivision. The School Board has obtained an option to purchase the Christensen/Dye Site and intends to exercise the option subject to the City of Ocoee approving an Interlocal Agreement addressing funding participation and site development issues. The School Board intends to thereafter pursue an agreement with the developer of the proposed Ocoee Crossings Subdivision whereby a portion of the Christensen/Dye Site would be incorporated into the subdivision and a portion of the lands owned by the subdivision developer would be conveyed to the School Board. Assuming that the School Board closes on the acquisition of the Christensen/Dye Site and consummates the property exchange with the developer of Ocoee Crossings, then the school site and park site would be located in the area depicted on Schedule 1 to this memorandum, such schedule being excerpts from the Ocoee Crossings Preliminary Subdivision Plan. On July 20, 1999 the City Commission approved the Preliminary Subdivision Plan for. Ocoee Crossings, which plan assumed that the School Board will acquire the Christensen/Dye Site and consummate the land exchange. Certain conditions of approval of the Preliminary Subdivision Plan require that the developer enter into an Agreement with the City which addresses issues related to the 006.148495.1 �"�' development of the school site and park site, including common retention and access from Maguire Road. Attached hereto as Schedule 2 is a proposed Interlocal Agreement between the City and the School Board. The Interlocal Agreement was approved by the School Board on July 27. The proposed Interlocal Agreement reflects the results of extended discussions between the staff of the School Board and City and the Ocoee Crossings developer. Highlights of the Interlocal Agreement are as follows: (1) The School Board will purchase the Christensen/Dye Site subject to the execution of Interlocal Agreement by the City and certain other matters. Title will initially be vested in the School Board. (2) The City will contribute to the School Board the sum of$475,000.00 which will be applied towards the purchase of the Christensen/Dye Site. This sum represents forty percent (40%) of the purchase price. The City will also be responsible for forty percent (40%) of the closing costs. (3) All land acquisition issues will be controlled and governed by the School Board policies and regulations subject to certain limitations set forth in the Interlocal Agreement. School Board requirements will control with respect to appraisal, survey, title and environmental.matters. (4) The School Board will use its best efforts to enter into an exchange agreement with the developer of Ocoee Crossings so that the ultimate site will be as set forth in Schedule 1 hereto. The City will pay forty percent (40%) of the closing costs associated with any such exchange. Again, School Board requirements will control with respect to appraisal, survey, title and environmental requirements. (5) The Interlocal Agreement addresses certain requirements with respect to Ocoee Crossings, all of which are consistent with the Preliminary Subdivision Plan previously approved by the City Commission. . (6) The City and School Board will jointly design a Master Plan for the development of the property which will provide for both a School Site and an Ocoee Park Site. Ocoee has the lead responsibility for preparation of the Master Plan and will be responsible for all costs incurred in connection therewith, except survey costs which are specifically allocated. Section 7 of the Interlocal Agreement sets forth certain minimum elements to be included in the Master Plan: (7) The Ocoee Site will consist of approximately eleven (11) acres which will be conveyed in fee to the City following completion of the Master Plan, all at no additional cost to the City except for normal closing costs. Ocoee plans to utilize the Ocoee Site for park and recreation purposes, but has the right to utilize it for any other purposes as determined by the City. Similarly, the School Board intends to develop the School Site for school purposes but has the 006.148495.1 -2- right to use it for such other purposes as may be determined by the School Board. (8) The City is responsible, at the City's expense, for the construction of one baseball/softball field and one open sodded play area to be constructed on the School Site. These Recreation Improvements will be owned by the School Board subject to joint use with the City as specifically set forth in the Interlocal Agreement. The School Board will have the reserved use of the Recreation Improvements on the School Site during times that the school is in session and in connection with any after school program. Specific details are set forth in Section 10 of the Interlocal Agreement. (9) The Christensen/Dye Site currently lacks legal access. Prior to closing, the owner thereof will provide legal access from.6t Avenue. The City is required to encourage and facilitate the extension of 7th Avenue to the Site, but is not • required to undertake or fund any such extensions. Access to the Ocoee Site will ultimately be from Maguire Road through a roadway to be constructed as part of Ocoee Crossings. (10) After a term of twenty (20) years, either the City or the School Board may terminate the joint use of the Recreation Improvements. The City. will have the obligation to maintain, at the City's expense, the Recreation Improvements so long as the Agreement remains in effect. (11) Prior to the development of a school on the School Site, the entire site will be within the exclusive control of the City and may be used for park and recreation purposes. The above is intended as a summary and not as a comprehensive statement of all details of the Interlocal Agreement. Implicit in the approval of the Interlocal Agreement is the understanding that the City will approve the use of the site for school and park/recreation purposes at any subsequent public hearings required by the Land.Development Code. The City Manager and the City staff recommend approval of the Interlocal Agreement. RECOMMENDATION: It respectfully is recommended that the City Commission approve the Interlocal Agreement between the City and The School Board of Orange County, Florida and authorize execution thereof by the Mayor and City Clerk and further authorize the execution of all documents necessary to implement the terms and conditions of the Interlocal Agreement. Enclosure(s) • 006.148495.1 -3 i Soils Legend: I •• Cd belle tc 1 `� 3 Basinger 6 - Candler — Apopka Fine Sands 26 Ona Fine Sands 37 Si. Johns Fine Sands • 42 Sanibel Muck 44 . Smyrna Fine Sands 46 ' Tavares Fine Sands 1 M6.. o i G . 26• - -..._. 7---- - sr, m • •• m mm m • m •7.1111114191r- 1 •� • I• ' 1 F' ....1r' 1•+•1• • • ill_-• - • • • • ' • • : • :I 1 / • 0 ' , 1 • • . ! • • ! ► : 3 tiA Ell mg . . ! ' . \ \\\,,.. . .. : ,• . 0 .. • . \ ,.-----.\ \ 1 •• • : . 0• • . • • • • • • -42- I • . : • . 1. 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SCHEDULE "2" INTERLOCAL AGREEMENT This Interlocal Agreement ("Agreement") is entered into as of the day of , 1999 by and between THE CITY OF OCOEE, a municipal corporation existing under the laws of the State of Florida ("Ocoee") and THE SCHOOL BOARD OF ORANGE COUNTY, FLORIDA, a public body corporate organized and existing under the laws of the State of Florida ("School Board"). WITNESSETH WHEREAS, School Board has obtained an option to purchase a 24.7502 acre parcel of land ("Option Property"), which Option Property is more particularly described in Exhibit "A" attached hereto and made apart hereof; and WHEREAS, School Board and Ocoee have agreed to divide among them the cost of purchasing the Option Property and the ownership of the Option Property, or such other property as maybe obtained by School Board through an exchange of a portion of the Option Property with third parties ("Exchange Property"), said Exchange Property being more particularly described in Exhibit "B" attached hereto and by this reference made a part hereof; and WHEREAS, all references herein to the "Property" shall refer to the Option Property except to the extent that a portion of the Option Property is exchanged for the Exchange Property in which case all references herein to the "Property" shall be deemed to refer to the portion of the Option Property retained by the School Board and the Exchange Property; and 006.141877.5 WHEREAS, School Board intends to develop a portion of the Property as a school site which school site will contain features to be shared with Ocoee; and WHEREAS, Ocoee intends to develop a portion of the Property for park and recreation purposes which .portion will contain certain features to be shared with the School Board and to develop another portion of the Property for the exclusive use of Ocoee as set forth in this Agreement; and WHEREAS, the parties intend that during such time that the School Board shall not have developed any portion of the Property for use by School Board, Ocoee shall have the exclusive control and use and exclusive responsibility for the cost of maintaining the Property; • and WHEREAS, School Board and Ocoee desire to enter into this Agreement setting forth how they will develop, operate and maintain the Property and to address the conveyance of a portion of the Property to Ocoee. NOW THEREFORE, in consideration of the premises set forth herein below, and. mutual covenants between the parties, the parties agree as follows: 1. Recitals. The Recitals set forth above are true and correct and are incorporated herein and made a part of this Agreement. 2. Property Acquisition. School Board agrees to purchase the Option Property in accordance with that certain Option Agreement between School Board and Christensen Family One, Ltd. and Dye Family, Ltd., (jointly "Seller"), as amended, a copy of which has been provided by School Board to Ocoee (the "Option Contract"), subject to the following conditions: (i) that the Option Property meet all appraisal, survey, title and environmental requirements of the School Board; (ii) that the Option Property have, at closing, insurable legal 006.141877.5 2 access from a dedicated public road, or, alternatively, include land sufficient to provide the Option Property with legal access to 6th Street sufficient for the dedication of a public roadway; and (iii) the execution of this Agreement by Ocoee and the provision of funding from Ocoee as set forth in Section 3 hereof. The School Board shall take title to all of the Option Property at closing. 3. Payment Of Purchase Price. (a) Ocoee agrees to pay to School Board at the closing of the Option Property the sum of FOUR HUNDRED SEVENTY FIVE THOUSAND DOLLARS AND NO/100 .($475,000.00) (said sum representing 40% of the Purchase Price for the Option Property under the Option Contract) l�us forty percent (40%) of the closing costs which are paid by the School Board in connection with the acquisition of the Option Property, subject to the following conditions: (i) that the School Board certify to Ocoee the Option Property meets all appraisal, survey, title and environmental requirements of the School Board; (ii) that Option Property have, at closing, insurable legal access from a dedicated public road, or alternatively, include land sufficient to provide the Option Property with legal access to 6th Street sufficient for the dedication of a public roadway; and (iii) the execution of this Agreement by the School Board. School Board will pay the balance of the Purchase Price for the Option Property and the balance of the closing costs due under the Option Contract.. (b) In the event the School Board exchanges a portion of the Option Property for the Exchange Property pursuant to Section 4 below, then Ocoee shall pay to the School Board forty percent (40%) of the closing costs which are paid by the School Board in connection with the acquisition of the Exchange Property. School Board will pay the balance of the closing costs in connection with acquisition of the Exchange Property. 006.141877.5 3 4. Acquisition of the Exchange Property. The School Board agrees to use its best efforts to enter into an agreement with the fee owner or contract purchaser of the Exchange Property (the "Exchange Property Owner") to exchange or swap a portion of the Option Property for the Exchange Property so that the Property will be configured and located as depicted in Exhibit "C" attached hereto and by this reference made a part hereof. Any agreement between the School Board and the Exchange Property Owner shall be subject to the approval of Ocoee, such approval not to be unreasonably withheld. So long as the Exchange Property shall meet the requirements of this Agreement and the appraisal, survey, title and environmental requirements of the School Board for property purchase, the School Board may proceed to consummate an exchange of a portion of the Option Property for the Exchange Property. Ocoee shall be a third party. beneficiary to any such agreement regarding the Exchange Property. 5. .Ocoee Crossings. School Board and Ocoee acknowledge that the Exchange Property Owner proposes to develop a residential subdivision known as "Ocoee Crossings" on lands to be acquired by the Exchange Property Owner which are adjacent to the Option Property and, subject to an agreement with School Board as referenced in Section 4 above, on that the portion of the Option Property to be conveyed to the Exchange Property Owner. Ocoee agrees (i) to require that the development plans for Ocoee Crossings provide for a joint use master retention pond designed to serve the Property, Ocoee Crossings and Ocoee's Maguire Road Improvement Project, such retention pond to be located as set forth on the plan excerpt attached hereto as Exhibit "D" and by this reference made a part hereof (the "Master Retention Pond"); (ii) that School Board will have the beneficial use of 1.5 acres of the Master Retention Pond for use in connection with the development by School Board of that portion of 006.141877.5 4 the Property on which a school will be constructed; and (iii) subject to the conditions set forth below, that the Master Retention Pond will be constructed at no cost or expense to School Board and will be available for use at such time as needed by the School Board, but not earlier than 3 years from the date of this Agreement. Ocoee will take such action as is necessary to assure that.there are appropriate easements and other documentation in place to assure such drainage rights, such documentation being subject to the review and approval of School Board, such approval not to be unreasonably withheld. Notwithstanding any provision contained herein to the contrary (i) the provisions of this Section shall be of no force and effect unless the School Board acquires_the Exchange Property as provided in Section 4 above, and (ii) Ocoee will have no obligation with respect to the Master Retention Pond except to the extent School Board acquires the Exchange Property. - 6. Transfer To Ocoee of Ocoee Site. (a) School Board and Ocoee shall jointly design a Master Plan for the Property (the "Master Plan") within one hundred eighty (180) days from the later of (i) the date that School Board closes with the Exchange Property Owner and acquires the Exchange Property, or (ii) the date that School Board determines that it will be unable to acquire the Exchange Property, but in no event later than 1 year from the Effective Date of this Agreement. The Master Plan will identify that portion of the Property which will be retained by the School Board (the "School Site") and the portion of the Property to be conveyed to Ocoee (the "Ocoee Site"). It is agreed that School Board will have beneficial use of 15 acres of land and that 13.5 acres will be located within the Property and 1.5 acres may be located off-site within the Master Retention Pond. After providing for the aforesaid 15 acres for the beneficial use of the School Board, the balance of the Property shall be identified as the 006.141877.5 5 "Ocoee Site". Ocoee agrees to be the party responsible for preparing the documents in connection with the Master Plan; provided, however, that the cost of preparing a survey of the School Site and the Ocoee Site shall be borne equally by School Board and Ocoee unless School Board elects to obtain its own survey of the School Site at the School Board's expense in which case Ocoee shall be responsible for all of the cost of a survey of the Ocoee Site. (b) Following completion of the Master Plan and acceptance thereof by School Board and Ocoee, the School Board shall transfer to Ocoee marketable fee simple title to the Ocoee Site for no additional compensation. In connection with the conveyance of the Ocoee Site to Ocoee, the School Board will convey the Ocoee Site free and clear of all liens and encumbrances and subject only to this Agreement, those matters set forth as exceptions in the title policy in favor of the School Board obtained at the time of acquisition of the Property by School Board, such matters as may be agreed to by Ocoee and those easements and other matters as may be called for in the Master Plan. The School Board and Ocoee shall execute normal and customary closing documents in connection with any such conveyance of the Ocoee Site. 7. Master Plan Elements. The Master Plan to be developed by the parties pursuant to Section 6 above, shall include and/or address the following: (a) The Master Plan shall be consistent with all requirements set forth in this Agreement and incorporate the Master Retention Pond. (b) The Master Plan shall show the specific configuration, location and legal description of the Ocoee Site and the School Site. 006.141877.5 6 (c) The School Site shall be owned, developed and used by the School Board for a school site or for such other purposes as may be determined by School Board in its sole and absolute discretion, subject to compliance with all applicable laws, statutes and ordinances. (d) The Ocoee Site shall be owned and used by Ocoee for park and recreation purposes or for such other purposes as may be determined by Ocoee in its sole and absolute discretion, subject to compliance with all applicable laws, statutes and ordinances. (e) Prior to, or concurrently with, the School Boards' development of the School Site, Ocoee shall, at Ocoee's sole cost and expense, construct one baseball/softball field and one open sodded play area as more specifically described in the Master Plan (the "Recreation Improvements"). The Recreation Improvements shall be located directly within the School Site. The Recreation Improvements will be constructed on a 5 acre portion of the School Site as set forth in the Master Plan, but may, at Ocoee's option, overlap onto the Ocoee Site. It is the intention of the parties that the Master Plan show 5 acres of the School Site as being designated for the location of the Recreation Improvements. Upon completion of the Recreation Improvements, the School Board will own all Recreation Improvements made by Ocoee on the School Site. The Recreation Improvements may, at Ocoee's option, include a lighted field in which case Ocoee shall control the use of the lighting, be responsible for the repair and maintenance of the lighting facilities and be responsible for the payment of all electric bills associated with such lighting. (0 The parties recognize that in addition to the Master Retention Pond that additional retention/detention areas may be needed in connection with the development of their respective properties which areas may serve one parties development but not the development 006.141877.5 7 of the other party and that each party shall bear all of the costs associated with any such areas serving only such parties development. (g) The Master Plan will show access roads and utilities needed to serve the School Site and Ocoee Site and if such roadways and utilities are not in place indicate the plan for putting such improvements in place. (h) The Master Plan will address the interim use of the School Site prior to development by the School Board. If Ocoee undertakes any clearing and grubbing on the Property pursuant to such interim plan, then Ocoee will be entitled to receive and retain any monies which may be generated from the sale of trees and plant materials located on the Property. - 8. Failure to Acquire Exchange Property. In the event the School Board does not enter into an agreement to acquire the Exchange Property by November 15, 1999 and close on such exchange by March 30, 2000 so.that title to the Exchange Property is vested in the School Board, then in such event- the School Board and Ocoee will enter into such modifications to this Agreement as may be mutually agreed upon to reflect the changed circumstances resulting from the failure to acquire the Exchange Property. 9. Access. - The parties acknowledge that in analyzing title to the Option Property it was determined that a 15 foot strip of land running along the North property line of the Option Property is owned by unknown third parties, and that Orange County, Florida has a drainage easement over said 15 foot strip and that the future plans for improvement of 7th Avenue are uncertain. As a result, it is initially contemplated that access to the Property (both the School Site and the Ocoee Site) will be from 6th Avenue. In the event School Board acquires the Exchange Property, then it is contemplated that access to the Ocoee Site will be 006.141877.5 8 from Maguire Road at such time as a roadway is constructed connecting Maguire Road and the Ocoee Site. Notwithstanding the foregoing, Ocoee agrees to utilize its best efforts to encourage and facilitate the extension of 7th Avenue to the Property, provided, however, that Ocoee shall not be obligated to undertake or fund any such extension. School Board agrees to cooperate with Ocoee in such efforts to extend 7th Avenue to the School Site, but shall not be obligated to undertake or fund any such extension. 10. Use of Property. Following development of the School Site by School. Board, the School Board shall have the reserved use of the Recreation Improvements on the School Site during (i) the portion of the day that school is in session at the School Site, (ii) the portion of the day that School Board is conducting an after school program at the School Site and requires use of the Recreation Improvements, as determined by the School Board, and (iii) the time that School Board requires use of the Recreation Improvements for special events, as determined by the School Board. During all other times, use of the Recreation Improvements on the School Site shall be administered and scheduled by Ocoee and may, at Ocoee's option, include further use by School Board. Except as provided in Paragraph 13 hereof, School Board will not change, modify or remove the Recreation Improvements without the prior written approval of Ocoee. 11. Insurance; Indemnification. (a) During such time. as School Board shall have reserved use of the Recreation Improvements on the School Site, the School Board shall maintain insurance (or may be self-insured as permitted by law) to cover any and all claims for personal injury or property damage arising from the use of the Recreation Improvements on the School Site. To ' the extent permitted by law, School Board agrees to indemnify, defend and hold harmless 006.141877.5 9 Ocoee (including its elected and appointed officials and employees) from any and all claims arising out of or in any way related to the School Board's use of the Recreation Improvements on the School Site during the time that the School Board shall have reserved use of said areas, including reasonable attorneys' fees and costs incurred in connection therewith. (b) Ocoee shall maintain insurance (or may be self-insured as permitted by law) with respect to the Recreation Improvements on the School Site to cover any and all claims for personal injury or property damage arising from the use of the Recreation Improvements on the School Site during all times other than the time the School Board shall have the reserved use thereof. To the extent permitted by law, Ocoee agrees to indemnify, defend and hold harmless School Board (including its elected and appointed officials and employees) from any and all claims arising out of or in any way related to the use of the Recreation Improvements on the School Site during all times other than the time School Board shall have reserved use thereof, including reasonable attorneys' fees and costs incurred in connection therewith. 12. Maintenance. Ocoee shall maintain the Recreation Improvements on the School Site in a safe and attractive condition at its own cost and expense. 13. Term of Agreement as to Joint Use of Recreation Improvements. The provisions of Paragraphs 10, 11 and 12 shall be applicable for a term of twenty (20) years (the "Recreation Improvements Term") and shall thereafter automatically renew for additional terms of two (2) years each unless terminated by either party at least six (6) months, but no earlier than one (1) year prior to the expiration of the Recreation Improvements Term and any extensions thereof. Upon termination of the Recreation Improvements Term, (i) the provisions of Paragraphs 10, 11 and 12 hereof shall no longer be in effect, (ii) School Board, at its 006.141877.5 i0 option, may elect to remove the Recreation Improvements, and (iii) Ocoee shall no longer be obligated to maintain the Recreation Improvements. 14. Interim Use Of The Property. Anything in this Agreement to the contrary notwithstanding, prior to the initiation of development and construction of a school facility by School Board on the School Site, Ocoee shall have the exclusive use of the Property for park and recreation purposes. During such time, Ocoee shall be solely responsible for the cost of any and all improvements performed by Ocoee, and shall also be solely responsible for the maintenance of the Property. Additionally, Ocoee shall maintain insurance (or may be self- insured as permitted. by law) to cover any and all claims for personal injury or property damage arising from the use of the Property, and to the extent allowed by law, shall indemnify, defend and hold harmless the School Board (including all elected officials, appointed officials and employees) for any and all claims for personal injury or property damage related to the Property, including reasonable attorneys' fees and costs incurred in connection therewith. 15. Authority. Each party represents and warrants to the other that it has all necessary power and authority to enter into and consummate the terms and conditions of this Agreement; that all acts, approvals, procedures and similar matters required in order to authorize this Agreement have been taken, obtained or followed as the case may be; and that upon execution of this Agreement by both parties, this Agreement shall be valid and binding upon the parties hereto and their successors in interest. 16. Notice. All notices required or permitted to be given under this Agreement must be in writing and must be delivered to the School Board or Ocoee at its address set forth below (or such other addresses may hereafter be designated by such party). Any such notice must be 006.141877.5 11 personally delivered or sent by certified mail, overnight courier or facsimile. Any such notice will be deemed effective when received. The parties addresses for delivery of all such notice are as follows: School Board: The School Board Of Orange County, Florida 445 West Amelia Street Orlando, Florida 32801 Attn: Superintendent Copy to: Frank Kruppenbacher, Esquire P. 0. Box 271 Orlando, Florida 32802 Ocoee: City of Ocoee, Florida 150 North Lakeshore Drive Ocoee, Florida 34761. Attn: City Manager Copy to: Paul E. Rosenthal, Esquire Foley & Lardner 111 N. Orange Avenue Suite 1800 Orlando, Florida 32801 17. Amendment. This Agreement may be amended only by a writing, signed by both parties. 18. Severability. If any provisions of this Agreement are held to be legal or invalid, the other provisions of this Agreement shall remain in full force and effect so long as each party substantially gets the consideration contemplated hereunder. 19. Successors and Assigns. This Agreement and the terms and conditions hereof shall be binding upon and inure to the benefit of the School Board and Ocoee and their respective successors in interest. 20. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. 12 006.141877.5 21. Memorandum of Agreement. Ocoee may require that a Memorandum of this Agreement setting forth the interests of Ocoee in the Property and the Ocoee Site be recorded in the Public Records of Orange County, Florida. 22. 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. 23. Effective Date. This Agreement shall be effective upon the day it is executed by the last party to sign. 006.141877.5 13 IN WITNESS WHEREOF the parties have executed this Agreement as of the day and year first above written. THE SCHOOL BOARD OF ORANGE COUNTY, FLORIDA, a body corporate existing under the Constitution and laws of the State of Florida Attest: By: Printed Name: Printed Name: As its: Title: Date: STATE OF FLORIDA COUNTY OF ORANGE The foregoing instrument was acknowledged before me this day of 1999 by and attested to by of THE SCHOOL BOARD OF ORANGE COUNTY, FLORIDA who are personally known to me or produced as identification. Notary Public My Commission Expires: 006.141877.5 14 CITY OF OCOEE, FLORIDA Attest: By: Printed Name: Printed Name:S. Scott Vandergrift As its: Title: Mayor Date: For Use and Reliance Only by the City of Ocoee, Florida; Approved to form and legality this _day of , 1999. FOLEY &LARDNER By: City Attorney STATE OF FLORIDA COUNTY OF ORANGE The foregoing instrument was acknowledged before me this day of 1999 by S. SCOTT VANDERGRIFT and attested to by who are the Mayor and City Clerk, respectively, of THE CITY OF OCOEE, FLORIDA. They are personally known to me. Notary Public My Commission Expires: 006.141877.5 15 EXHIBIT A The East '/z of the Southeast '/4 of the Southwest 1/4 and the East 322 feet of the Northwest A of the Southeast V. of the Southwest % (LESS the North 15 feet), Section 32, Township 22 South, Range 28 East, Orange County, Florida EXHIBIT B LAND DESCRIPTION ADDITIONAL SCHOOL PROPERTY A PORTION OF THE SW 1/4 OF SECTION 32, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY,FLORIDA,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SE CORNER OF THE SW 1/4 OF SECTION 32,TOWNSHIP 22 SOUTH, RANGE 28 EAST;THENCE S 89°42'17"W ALONG THE SOUTH LINE OF THE SW 1/4 OF SAID SECTION 32,A DISTANCE OF 660.40 FEET;THENCE N 00°18'03" W,607.09 FEET TO THE POINT OF BEGINNING;THENCE S 89°41'23" W, 520.30 FEET;THENCE N 00°18'37" W,225.00 FEET;THENCE S 89°4123'W, 105.00 FEET;THENCE N 00°18'37" W, 75.00 FEET; THENCE S 89°41'23" W, 35.17 FEET; THENCE WESTERLY ALONG THE ARC OF A TANGENT CURVE, BEING CONCAVE TO THE SOUTH, HAVING A RADIUS OF 1250.00 FEET,A CENTRAL ANGLE OF 09°33'46",AN ARC DISTANCE OF 208.63 FEET;THENCE N 00°18'37"W,424.00 FEET;THENCE N 89°50'10"E,537.99 FEET;THENCE S 00°1 B'I 3" E, 648.63 FEET;THENCE.N 89°46'13"E,330.23 FEET;THENCE S 00°18'03" E, 56.16 FEET TO THE POINT OF BEGINNING. 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