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HomeMy WebLinkAboutVI(B3) Development Agreement With Wal-Mart Stores East, Inc Agenda 9-05-2000 Item VI B 3 FOLEY & LARDNER MEMORANDUM CLIENT-MATTER NUMBER 020377-0488 TO: The Honorable Mayor and City Commissioners of the City of Ocoee FROM: Paul E. Rosenthal, Esq., City Attorney .0 v DATE: August 28, 2000 RE: Development Agreement with Wal-Mart Stores East, Inc. In conjunction with the City staff review of the proposed Preliminary Subdivision Plan and Preliminary Site Plan for the Wal-Mart Supercenter, the City staff has negotiated a proposed Development Agreement with Wal-Mart. The primary purpose of the Development Agreement is to address transportation issues so that the proposed subdivision will satisfy the requirements of the City's Concurrency Management System. Attached hereto is the proposed Development Agreement. Highlights of the Development Agreement are as follows: (1) Wal-Mart will dedicate right-of-way along Old Winter Garden Road and Blackwood Avenue and grant the City a temporary construction easement and/or a permanent slope easement along Old Winter Garden Road. This dedication will occur at no cost to the City and Wal-Mart will not receive any impact fee credits in connection therewith. (2) Wal-Mart will contribute 50% of the cost of the design, engineering, permitting and construction of a high level pop-off to allow Lake Bennett to discharge to Lake Lotta during certain extreme storm events, not to exceed $50,000. In connection with this payment, the City is confirming that the Wal-Mart subdivision stormwater design is based on a 100 year 24 hour pre/post difference. (3) Wal-Mart has agreed to undertake, without any road impact fee credits or other compensation, certain transportation improvements as listed in Exhibit "D" of the Development Agreement. These improvements include a northbound right turn lane on Blackwood Avenue which cross lands currently owned by Health Central. Richard Irwin has advised the City staff that Health Central is prepared to provide the necessary Blackwood Avenue right-of-way at no cost to the City; however, under a separate item Health Central will be requesting that the City provide funds to assist Health Central in addressing certain safety related public improvements which, in the opinion of Health Central, are needed due to the 006.191754.1 U� construction of Wal-Mart. While we now anticipate receiving the necessary right-of-way, the Development Agreement provides that if the right-of-way is not received Wal-Mart will pay the City the sum of$50,000 and will have no obligation to construct the northbound right turn lane on Blackwood Avenue or the related signal head modification. There is no requirement for the City to acquire the right-of-way from Health Central. (4) Based upon the Transportation Improvements described above, Wal-Mart will receive a Final Certificate of Concurrency immediately following City Commission approval of the Preliminary Plan. The Wal-Mart project will not be subject to further concurrency review. (5) In order to assure that the traffic impacts of the development are consistent with the Traffic Study submitted by Wal-Mart, the Development Agreement restricts the total gross leasable area to 271,500 gross leasable area and the number of net new trips generated by the project to 9,146. (6) Provisions are included for addressing potential construction conflicts between the Wal-Mart project and the proposed Old Winter Garden Road Improvement Project. (7) The Preliminary Plan includes certain Conditions of Approval and certain Waivers. These are attached as exhibits to the Development Agreement in order that the conditions and waivers are placed in the public records. [Note: These are not attached to the agenda copy of the Development Agreement but are set forth on the Plan.] The Development Agreement has been reviewed by the City staff which recommends approval thereof. RECOMMENDATION: It respectfully is recommended that the City Commission approve the Development Agreement with Wal-Mart Stores East, Inc. and authorize execution thereof by the Mayor and City Clerk. end. 006.191754.1 -2- THIS INSTRUMENT PREPARED BY AND SHOULD BE RETURNED TO: - PREPARED BY: Paul E.Rosenthal,Esq. FOLEY&LARDNER 111 North Orange Avenue,Suite 1800 Post Office Box 2193 Orlando,FL 32802-2193 (407)423-7656 For Recording Purposes Only RETURN TO: Jean Grafton,City Clerk CITY OF OCOEE 150 N.Lakeshore Drive Ocoee,FL 34761 (407)656-2322 DEVELOPMENT AGREEMENT (Wal-Mart) THIS DEVELOPMENT AGREEMENT ("this Agreement") is made and entered into as of the _ day of September, 2000 by and between WAL-MART STORES EAST, INC., a corporation whose mailing address is 2001 S.E. 10th Street, Bentonville, Arkansas 72712-6489, Attention: (hereinafter referred to as the "Owner") and the CITY OF OCOEE, a Florida municipal corporation, whose mailing address is 150 North Lakeshore Drive, Ocoee, Florida 34761, Attention: City Manager (hereinafter referred to as the "City"). WITNESSETH: WHEREAS, the Owner owns fee simple title to certain lands located in Orange County, Florida, and within the corporate limits of the City of Ocoee, Florida, said lands being more particularly described in Exhibit "A" attached hereto and by this reference made a part hereof(hereinafter referred to as the "Property"); and WHEREAS, pursuant to the application of the Owner, on September, 2000 the Ocoee City Commission approved, subject to the execution of this Agreement, the Preliminary Subdivision Plan for Lots 1, 2; 3, 4, 5 and 6/Preliminary Site Plan for Lot 1 for Wal-Mart Supercenter Store No. 942-01 RSC Sharp Site, as prepared by C.P.H. Engineers, Inc. and being date stamped as received by the City on , 2000, with such additional revisions thereto, if any, as may be reflected in the minutes of said City Commission meeting • (collectively, the "Preliminary Plan"); and 08/28/00 006.186501.4 WHEREAS; the Owner and the City desire to execute this Agreement in order to evidence their mutual agreement as to certain matters related to the development of the Property and the approval of the Preliminary Plan. NOW, THEREFORE, in consideration of the premises and other good and valuable considerations exchanged between the parties hereto, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: Section 1. Recitals. The above recitals are true and correct and incorporated herein by this reference. Section 2. Conveyance of Right-of-Way. (A) Within thirty (30) days following receipt of written notice from the City requesting the same, but in no event later than the time of platting of all or a portion of the Property, the Owner shall dedicate and convey to the City: (i) a twenty-five (25) foot-wide strip of the Property lying adjacent and contiguous to, and along the entire length of the Property's frontage on the existing right-of-way for Old Winter Garden Road (the "OWGR Land") and (ii) a fifteen (15) foot-wide strip of the Property lying adjacent and contiguous to the Property's frontage on the existing right-of-way for Blackwood Avenue (the "Western Blackwood Land") all as more particularly depicted on the Preliminary Plan (the OWGR Land and the Western Blackwood Land being hereinafter collectively referred to as the "Right-of- Way Land"). All references herein to the Right-of-Way Land shall include the necessary intersection radi at the Blackwood Avenue/SR 50 and the Blackwood Avenue/Old Winter Garden Road intersections. Within thirty (30) days of receipt of a written request from the City, the Owner will provide the City with a legal description and sketch of description of the OWGR Land and the Western Blackwood Land. The aforesaid legal description and sketch shall be certified to the City. The Right-of-Way Land shall be dedicated and conveyed by the Owner to the City by warranty deed free and clear of all liens and encumbrances except for those matters acceptable to the City. The form of the warranty deed shall be subject to the approval of the City. The Owner shall, contemporaneously with the dedication and conveyance of the Right-of-Way Land to the City, provide to the City, a current attorney's opinion of title, or a current title commitment, to be followed by a policy of title insurance, evidencing that fee simple title to the Right-of-Way Land is free and clear of all liens and encumbrances except for those matters acceptable to the City. The costs and expenses related to the conveyance and dedication of the Right-of-Way Land, including the cost of title work, shall be borne solely by the Owner. Real property taxes on the Right-of-Way Land shall be prorated as of the day before the City's acceptance of the dedication and conveyance of the same, and the prorated amount of such real property taxes attributable to the Owner shall be paid and escrowed by the Owner in accordance with the provisions of Section 196.295, Florida Statutes. (B) In connection with the proposed Old Winter Garden Road Improvement Project (the "OWGR Project"), the City may need to obtain from Owner a temporary construction easement and/or a permanent slope easement across a twenty (20) foot-wide strip 006.186501.4 -2 of land within the Property adjacent to the OWGR Land (collectively, the "OWGR Easements"), except that the OWGR Easements shall not encumber any portion of the Property identified on the Preliminary Plan as a pond location. Within thirty (30) days of receipt of a written request from the City, the Owner agrees to grant to the City the OWGR Easements, all at no cost or expense to the City; provided, however, that the City will be responsible for preparing the legal descriptions needed for any such easements. Any such easements shall be on City easement forms utilized for comparable easements obtained by the City for road projects; provided, however, that such easements will provide that the City will be responsible, at the City's expense, to reasonably restore any landscaping or improvements damaged as a result of the use of the OWGR Easements. (C) Neither the Owner nor any other person or entity shall be entitled to any road impact fee credits or other compensation of any kind for, on account of, or with respect to the required dedication and conveyance of the Right-of-Way Land to the City or the granting of the OWGR Easements. Section 3. Development of the Property. (A) The Owner hereby agrees to develop the Property in accordance with the Preliminary Plan. The Preliminary Plan is hereby incorporated herein by reference as if fully set forth herein. (B) The Owner hereby agrees that the Property shall be developed in accordance with and is made subject to those certain Conditions of Approval attached hereto as Exhibit "B" and by this reference made a part hereof (the "Conditions of Approval"). The Owner further agrees to comply with all of the terms and provisions of the Conditions of Approval. The Conditions of Approval attached hereto as Exhibit "B" are the same as the Conditions of Approval set forth in the Preliminary Plan. (C) Except as otherwise expressly set forth in this Agreement and the Preliminary Plan it is agreed that all preliminary and final site plans for the Property, or any portion thereof, shall conform to the Ocoee Land Development Code requirements in effect at the time of approval of any such plans. In the event of any conflict between the provisions of the Ocoee Land Development Code, as it may from time to time be amended, and this Agreement, it is agreed that the provisions of this Agreement shall control. Section 4. Waivers from the Ocoee Land Development Code. As part of the approval of the Preliminary Plan, the Owner has been granted waivers from the requirements of the Ocoee Land Development Code, said waivers being set forth in Exhibit "C" attached hereto and by this reference made a part hereof. Section 5. Stormwater Management. In order to address existing stormwater management issues related to the development of the Property, the Owner agrees to contribute to the City fifty percent (50%) of the cost of the design, engineering, permitting and construction of a high level pop-off to allow Lake Bennett to discharge to Lake Lotta during certain extreme storm events (the "Stormwater Pop-Off"), not to exceed $50,000. The Owner 006.186501.4 -3 shall from time-to-time reimburse the City for expenses incurred related to the foregoing within thirty (30) days of receipt of a written request for such reimbursement provided, however, the total reimbursement shall not exceed the sum of $50,000. Owner agrees to support and encourage the efforts of the City to obtain necessary approvals in order to proceed with the Stormwater Pop-Off. The parties hereto recognize that the approval of the Stormwater Pop-Off and, if approved, the timing of construction is uncertain. In consideration of the agreement of the Owner under this Section, the City agrees that the Property may be developed based on the following design storm: 100 year 24 hour pre/post difference. The foregoing shall not be construed to obligate the City to expend any public funds in connection with the Stormwater Pop-Off. Section 6. Transportation Improvements. In order to comply with the requirements of Article IX of the City's Land Development Code entitled Concurrency and as a material inducement to the City to approve the Preliminary Plan and thereafter issue a Final Certificate of Concurrency for the development of the Property, the Owner hereby agrees to make certain additional transportation improvements as described in Exhibit "D" attached hereto and by this reference made a part hereof (the "Transportation Improvements"). Unless otherwise indicated, the Owner shall be responsible for the design, engineering, permitting and construction/installation of the Transportation Improvements, and the completion of construction thereof, all subject to the review, approval and acceptance of the City and other governmental entities having jurisdiction with respect thereto. Unless otherwise indicated, the Transportation Improvements shall be completed and, where applicable, accepted by the City or other governmental entity having jurisdiction with respect thereto, prior to issuance of a Certificate of Completion for the subdivision improvements. Neither the Owner nor any other person or entity shall be entitled to any road impact fee credits or other compensation of any kind for, on account of, or with respect to the Transportation Improvements and the Owner's compliance with the requirements of this section. Section 7. Concurrency. (A) Immediately following the approval of the Preliminary Plan and this Agreement the Owner shall apply for a Final Certificate of Concurrency for the development of the Property in accordance with the procedures set forth in the City's Land Development Code (the "Final Certificate of Concurrency"). The City agrees to promptly issue the Final Certificate of Concurrency following receipt,of such application. (B) It shall be the responsibility of Owner to obtain final subdivision plan approval for the Property and to commence construction of subdivision improvements prior to the expiration of the Final Certificate of Concurrency or any extensions thereof, or any Transportation Capacity Reservation Certificates ("TCRC's") which may be issued pursuant to the provisions of the Ocoee Land Development Code. The City makes no warranty or representation regarding the ability of the Owner to obtain a new Final Certificate of Concurrency or TCRC should Owner fail to commence construction of subdivision improvements prior to the expiration of the Final Certificate of Concurrency or any TCRC, respectively. 006.186501.4 -4 (C) The City represents to the Owner that: (1) The development of the Property will not be subject to further concurrency review under the City's Comprehensive Plan and Land Development Code so long as the Owner obtains a final subdivision plan approval and commences construction of subdivision improvements in accordance therewith prior to the expiration of the Final Certificate of Concurrency; and :t, (2) In the event the Owner obtains a TCRC in accordance with the provisions of the City's Land Development Code which reserves sufficient transportation capacity for the buildout of the Project, then the development of the Property will not be subject to further concurrency review for transportation under the City's Comprehensive Plan and Land Development Code so long as the Owner obtains a fmal subdivision plan approval and commences construction of subdivision improvements prior to the expiration of the TCRC. Section 8. Development Limitation Based on Transportation Impact. Notwithstanding any provision contained herein to the contrary, the Property shall not.be developed: (1) with more than a total of 271,500 gross leasable area, or (2) in such a manner so as to generate more than a total of 9,146 net new trips calculated on the basis of the latest edition of the ITE Manual and the City's Transportation Impact Fee Update as referenced in Section 87-2 of the Ocoee City Code, such calculation to be made each time an application is made for the construction of a building on a lot within the Property. The parties hereto recognize that the proposed development of the Property has been determined to meet the City's requirements for transportation concurrency based on a development plan proposed by Owner and that a more intense development of the Property could adversely affect the - transportation concurrency review undertaken by the City in connection with the issuance of the Final Certificate of Concurrency referenced in Section 7 above. Section 9. Old Winter Garden Road Project. The parties hereto recognize that there may be construction conflicts in connection with the OWGR Project and the Owner's development of the Property. Owner and City agree to coordinate timing issues related to the construction of the OWGR Project and the construction of improvements by Owner on the Property. The City may require that certain infrastructure and site improvements be delayed or phased by the Owner in order to avoid conflicts or increased costs so long as such requirements do not cause any delay in the issuance of a Certificate of Completion, building permit and/or Certificate of Occupancy for development on the Property. Section 10. Notice. Any notice delivered with respect to this Agreement shall be in writing and be deemed to be delivered (whether or not actually received) when (1) hand delivered to the other party at the address appearing on the first page of this Agreement, or (ii) when deposited in the United States Mail, postage prepaid, certified mail, return receipt requested, addressed to the party at the address appearing on the first page of this Agreement, or such other person or address as the party shall have specified by written notice to the other party delivered in accordance herewith. 006.186501.4 -5 Section 11. Covenant Running with the Land. This Agreement shall run with the Property and inure to and be for the benefit of the parties hereto and their respective successors and assigns and any person, firm, corporation, or entity who may become the successor in interest to the Property or any portion thereof. Section 12. Recordation of Agreement. The parties hereto agree that an executed original of this Agreement shall be recorded by the City, at the Owner's expense, in the Public Records of Orange County, Florida. The City will, from time to time upon request of the Owner, execute and deliver letters affirming the status of this Agreement. Section 13. 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 14. Time of the Essence. Time is hereby declared of the essence to the lawful performance of the duties and obligations contained in this Agreement. Section 15. Agreement; Amendment. This Agreement constitutes the entire agreement between the parties, and supersedes all previous discussions, understandings and agreements, with respect to the subject matter hereof. Amendments to and waivers of the provisions of this Agreement shall be made by the parties only in writing by formal amendment. Section 16. Further Documentation. The parties agree that at any time following a request 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. Section 17. Specific Performance. Both the City and the Owner shall have the right to enforce the terms and conditions of this Agreement by an action for specific performance. Section 18. Attorneys' Fees. In the event .that either party fmds it necessary to commence an action against the other party to enforce any provision of this Agreement or because of a breach by the other party of any terms hereof, the prevailing party shall be entitled to recover from the other party its reasonable attorneys' fees, 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 19. Counterparts. 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 shall constitute one and the same instrument. Section 20. Captions. 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 006.186501.4 - -6 held to explain, modify, amplify or aid in the interpretation, construction, or meaning of the provisions of this Agreement. - Section 21. Severability. If any sentence, phrase, paragraph, provision, or portion of this Agreement is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion hereof. Section 22. Effective Date. The Effective Date of this Agreement shall be the day and year first above written so long as the purpose and intent of this Agreement can still be achieved. IN WITNESS WHEREOF, the Owner and the City have caused this instrument to be executed by their duly authorized officers as of the day and year first above written. Signed, sealed and delivered OWNER: in the presence of: WAL-MART STORES EAST, INC., a corporation Print Name By: Name: Its: Print Name (CORPORATE SEAL) 006.186501.4 -7 STATE OF COUNTY OF I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared as the of Wal-Mart Stores East, Inc., a corporation, who [_] is personally known:,to me or [ ] produced as identification, and that he/she acknowledged executing the same on behalf of said corporation in the presence of two subscribing witnesses, freely and voluntarily, for the uses and purposes therein expressed. WITNESS my hand and official seal in the County and State last aforesaid this day of , 2000. Signature of Notary Name of Notary (Typed, Printed or Stamped) Commission Number(if not legible on seal): My Commission Expires(if not legible on.seal): 006.186501.4 -8 CITY: Signed, sealed and delivered - in the presence of: CITY OF OCOEE, FLORIDA By: Print Name: S. Scott Vandergrift, Mayor Attest: Jean Grafton, City Clerk Print Name: (SEAL) FOR USE AND RELIANCE ONLY BY APPROVED BY THE OCOEE CITY THE CITY OF OCOEE, FLORIDA. COMMIISSION AT A MEETING HELD Approved as to form and legality this ON SEPTEMBER 2000 UNDER day of September, 2000. AGENDA ITEM NO. FOLEY & LARDNER By: City Attorney 006.186501.4 -9 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 acknowledgments, personally appeared S. SCOTT VANDERGRIFT and JEAN GRAFTON, personally known to me to be the Mayor and City Clerk, respectively, of the CITY OF OCOEE, FLORIDA and that they severally acknowledged executing the same in the presence of two subscribing witnesses, freely and voluntarily under authority duly vested in them by said municipality. WITNESS my hand and official seal in the County and State last aforesaid this day of , 2000. Signature of Notary Name of Notary (Typed, Printed or Stamped) Commission Number(if not legible on seal): My Commission Expires (if not legible on seal): 006.186501.4 -10- EXHIBIT "A" THE PROPERTY 006.186501.4 -11- EXHIBIT "B" CONDITIONS OF APPROVAL 006.186501.4 -12 EXFIIBIT "C" WAIVERS "t. 006.186501.4 -13- EXHIBIT "D" TRANSPORTATION IMPROVEMENTS 1. Northbound left turn lane and southbound right turn lane at the State Road 50/Bluford Avenue intersection. Owner will construct a second northbound left turn lane from Old Winter Garden Road to SR 50, subject to maintaining full access and availability of right-of-way. In addition, Owner will construct within the existing right-of-way as shown on the Preliminary Plan (or such additional right-of-way acquired by the City or the Florida Department of Transportation) a southbound right turn lane for a distance of 200 feet from the SR 50 intersection; provided, however, that if the right-of-way north of SR 50 is insufficient to accommodate the foregoing improvement, then the obligation of Owner to make such improvement shall be deferred until such time as the City advises Owner that sufficient right-of-way has been obtained. Owner shall have no obligation to acquire any right-of-way for the foregoing improvements. The City shall not be responsible for the relocation of utilities in conflict with the construction, but will assist Owner in such effort. 2. A directional left from State Road 50 into the Property at the western edge thereof. This access will have appropriate turn lanes. This improvement will also include a four foot raised concrete median along State Road 50 from Bluford Avenue to Blackwood Avenue. A directional left turn with no signalization will be provided near the western access to the Property on SR 50 as set forth on the Preliminary Plan. As to the median, Owner will construct it along State Road 50 from Bluford Avenue to Blackwood Avenue except for the area within the bridge (only where striped median currently exists) as shown on the Preliminary Plan. 3. Right-in/right-out on SR 50 between full access and Blackwood Avenue with appropriate turn/deceleration lane. This will be installed as set forth in the Preliminary Plan and in accordance with approval to be received from FDOT. 4. Northbound right turn lane and signal head at SR 50/Blackwood Avenue intersection. Owner will install the signal head modification and modify other related signalization controls as necessary. Owner will also construct the northbound right turn lane, subject to the City acquiring from the West Orange Healthcare District ("Health Central"), at no cost to 006.186501.4 -14- Owner, an approximate fifteen (15) foot wide strip of land lying adjacent and contiguous to a portion of the eastern boundary of Blackwood Avenue, all as more particularly depicted on the Preliminary Plan (the "Eastern Blackwood Land"). In the event the City does not obtain fee title to the Eastern Blackwood Land within one hundred fifty (150) days from the Effective Date, then in such event Owner shall be forever released from the obligation to make the aforesaid improvements (i.e., northbound right turn lane and signal head modification) and in lieu thereof will pay to the City the sum of $50,000.00 as mitigation for the traffic impact at the SR 50/Blackwood Avenue intersection (the "SR 50/Blackwood Mitigation Payment"). Owner shall not receive any road impact credits on account of the payment of the SR 50/Blackwood Mitigation Payment. If the Eastern Blackwood Land is acquired by the City later than 90 days from the Effective Date, but on or before 150 days from the Effective Date, then in such event the foregoing improvements shall not be a basis for the City to delay issuance to the Owner of a Certificate of Completion, building permit and/or Certificate of Occupancy so long as Owner is proceeding in good faith to complete the foregoing improvements. Nothing herein shall be construed to obligate the City to acquire title to the Eastern Blackwood Land or to expend any monies for such purpose. 5. Northern right-in/right-out on Blackwood Avenue with appropriate turn/deceleration lane. This improvement is shown on the Preliminary Plan. 6. Full access on Blackwood Avenue with appropriate turn/deceleration lanes. This improvement is shown on the Preliminary Plan. Turn lanes shall be provided to accommodate project traffic at this access location. 7. Signalization of Blackwood Avenue/Old Winter Garden Road intersection with appropriate turn/deceleration lanes. (a) Owner will construct an intersection with one southbound right-turn lane, one southbound left-turn lane and one southbound through lane. The design of said improvements will be subject to the review and approval of the City. The Owner will also construct/install, contemporaneous with said improvements, a temporary traffic signal and related improvements (the "Temporary Signal"). Owner will also pay to the City, within 45 days of receipt of a written request, the difference between the cost of the permanent traffic signal and related improvements and the cost incurred by Owner to construct/install the Temporary Signal, such cost to be based on an executed construction contract. (b) Owner will pay to the City the cost incurred by the City and/or Orange County to construct, the southbound extension of Blackwood Avenue for a distance of 200 feet south of the Old Winter Garden Road intersection (the "Blackwood Extension Costs"). The Blackwood Extension Costs will include the cost of the relocation of utilities in conflict with such construction. Owner will make such payment within 45- 006.186501.4 -15- days of receipt of a written request from the City setting forth the amount due based on an executed construction contract-for such improvements (which construction contract may be the construction contract for the OWGR Project or a separate contract, at the City's option). In consideration of the foregoing, the City agrees to include such improvements as part of the OWGR Project. 8. Full access on Old Winter Garden Road between Blackwood Avenue and Professional Parkway. Aligned with entrance into Forest Oaks Apartments. Includes appropriate turn/deceleration lanes. • Full access will be provided and aligned with Forest Oaks Apartments and appropriate turn/deceleration lanes will be provided as set forth on the Preliminary Plan. 006.186501.4 -16-