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HomeMy WebLinkAboutMemorandum - Old Winter Garden Widening Project: Health Central FOLEYILARDNER A T TOR N E Y S A T LAW 111 NORTH ORANGE AVENUE. SUITE 1800 ORLANDO. FLORIDA 32801-2386 P. O. BOX 2193 ORLANDO, FLORIDA 32802-2193 TELEPHONE: 407.423.7656 FACSIMILE: 407648,1743 WWW.FOLEY.COM MEMORANDUM CLIENT-MATTeR NUMBeR 020377-0548 TO: The Honorable Mayor and City Commissioners of the City of Ocoee FROM: Mary A. Doty, Esq., Assistant City Attorney THROUGH: Paul E. Rosenthal, Esq., City Attorney DATE: January 16, 2004 RE: Old Winter Garden Road Widening Project: HealthCentral As you are aware, we have been negotiating with Health Central for over two years regarding the right-of-way needed from Health Central to accomplish the Old Winter Garden Road Widening Project. I am pleased to report that on January 16, the Health Central Board of Trustees approved the attached agreements. Due to the lengthy negotiations with Health Central consttuction of the project has been delayed considerably. Staffrequests that The Commissioners approve these two agreements at your January 20, 2004 meeting on an emergency basis. The first agreement is related to the ExpressCare property located at the southeast corner of Maguire Road and Professional Park'Way. This agreement was presented to the City Commission on September 16, 2003 and approved by you at that time, subject to Board of Trustees' approval. As of January 6, 2004 the Health Central staff had not presented the ExpressCare Agreement to the Board of Trustees for approval and based on staff recommendations, you rescinded your approval of that agreement. Now that the Health Central Board of Trustees has approved this agreement, it is being presented to you again for your approval. In this agreement, Health Central has agreed to donate the necessary right-of-way for the Professional Parkway construction in exchange for certain drainage easements and improvements on the ExpressCare property. The agreement presented to you under cover of this memo is the same agreement presented to you in September 2003. Also attached is a Intergovernmental Transportation and Development Agreement which addresses the right-of~way needed from Health Central from Blackwood east to Arlington FOLEY & LARDNER 000.321992.1 Avenue. This section of the Old Winter Garden Road Improvement Project faUs within Part B of the Interlocal Agreement between the City and Orange County and is 100% ftlfl.ded by the County. The terms and conditions of the Intergovernmental Transportation And Development Agreetnent have been negotiated by the City in consultation with and approval by the Orange County staff. Orange County is also a signatory to the Intergovernmental Transportation And Development Agreement. The significant tenns and conditions of the agreement are that Health Central is dedicating aU of the right~of.way needed to construct the Old Winter Garden Road Widening Project at no cost to the City or County. The value of this right-of-way was appraised at approximately $583,000.00. In exchange for the dedication of the right-of-way, Health Central will receive $20,000.00 to relocate its entrance sign at the comer of Blackwood and Old Winter Garden Road. They will receive $80,000.00 to construct an internal access road connecting their existing southern access road to Division Avenue. The construction plans will be modified to include a thirty-six foot driveway at Division Avenue in lieu of a twenty-eight foot driveway, a thirty-six foot curb cut on the Health Central right-of-way line north of Hemp Ie Avenue, landscaping at the rate of 75,000 feet per lineal mile for this section of Old Winter Garden Road between Blackwood and Hemple, and the extension of an east-bound left turn lane on Old Winter Garden Road to anow for feet of storage. The agreement also contemplates that title to the portion of the Orange County Park property north of the Hemple Avenue/Old Winter Garden Road intersection which is not necessary for the road widening will be conveyed to Health CentraL There will also be a payment to Health Central of $25,000.00 for its attorneys' fees and planning and engineering costs incurred as part of the review of the agreement. The form of the agreement attached is missing Exhibit A, which will be the legal description for the Health Central property. Weare waiting for Health Central to provide us with this ex.hibit. Staffrecommends that your approval of this agreement be conditioned upon Orange County's verification of the legal description once it has been provided by Health Central. RECOMMENDATION: It is respectfully recommended that the Mayor and City Commissioners: I. Declare that an emergency exists requiring approval of the two attached agreements at the January 20,2004 meeting of the City ofOcoee City Commissioners; and 2. Approve the ExpressCare Agreement and the Intergovernmental Transportation and Development Agreements with Health Central and authorize the City Attorney and Mayor to execute aU documents necessary to close the transactions. Attachments: cc: Jim Gleason, City Manager David Wheeler, Public Works Director MAD/dl 2 006.321992,1 (PROFESS NAL PARKWAY) THIS AGREEMENT (this "Agreement") is made and entered into this _ day of 2004 (the "Effective Date") by and between WEST ORANGE HEALTHCARE DISTRICT, whose address is 10000 West Colonial Drive, Ocoee, Florida 34761 (hereinafter referred to as <<Health Central") and the CITY OF OCOEE, a Florida municipal corporation, whose address is ISO North Lakeshore Drive, Oooee, Florida 32761 (hereinafter referred to as the "City"). W!TNE.ii.ETH: WHEREAS, Health Central is the owner of fee simple title to certain real property located in the City of Oooee, Orange County, Florida which is located at the southeast comer of Professional Parkway and Maguire Road, as more particularly described in Exhibit "A" attached hereto and by this reference made a part hereof (hereinafter referred to as the "Parent Tract"); and WHEREAS, the Parent Tract is improved by Health Central with a medical walkwin clinic with an ambulance dispatch operation; and WHEREAS, the City is a Florida municipal corporation which isauthonzed to exercise condemnation powers pursuant to Chapter 166, Florida Statutes; and WHEREAS, the City is constructing the Professional Parkway Road Widening Project (the "Project") and in connection therewith needs to acquire from Health Central the fee simple title to a portion of the Parent Tract described in the attached Exbibit "B" (hereinafter referred to as "the Property''); and 006.2757535 WHEREAS, the City has a.dvised Health Central that if Health Central does not enter into this Agreement and close on the conveyance of the Property pursuant to the terms of this Agreement that the City intends to use its power of eminent domain to condemn its required interest in the Property; and WHEREAS, subject to the term.s, conditions and limitations set forth herein, Health Central, under threat of condemnation, has agreed to convey to the City the required interest in the Property as set forth herein. NOW, THEREFORE, in consideration of the premises and of the mutual covenants herein contained, and other good and valuable considerations exchanged between the parties hereto, the receipt and sufficiency of which is hereby acknowledged, the parties hereto, each intending to be legally bound, hereby agree as follows: 1. Recitals. The above recitals are true and correct and are incorporated herein by reference. 2. CQDVeVaDce Qf Fee Simule Title. Health Central, under thr~t of condemnation, agrees to convey to the City, on the terms and conditions herein set forth, the Property, together all tenements, hereditaments, improvements, structures, fixtures, trees, shrubbery, roads and easements, appertaining thereto and all of Health Central's right, title, and interest therein. Health Central shall convey to the City marketable, fee simple title to the Property by special warranty deed free and clear of all liens, mortgages and encumbrances, except for restrictions, reservations, easements and other matters of record, if any. The instrument of conveyance shall transfer all of Health Central's interest and to all improvements, fixtures, easements, trees, shrubbery, rights-of-way, tenements and appurtenances belonging or appertaining to the Property, including without limitation of the foregoing, aU right, title and interest of Health 2 006.2757535 Central in and to any land lying in the bed of any public street, alley, road or avenue (before or after vacation thereof, and whether previously abandoned or vacated or hereafter abandoned or vacated) adjacent to the Property. 3. Covenants by Cit~, As consideration and as a material inducement for Health Central to enter into this Agreement and to agree to convey the Property to the City, the City hereby covenants and agrees as follows: (A) The Project win include the following elements/improvements to be constructed/installed by the City, at City's expense: (i) the filling of the existing ditch located at the south property line of the Parent Tract; and (ii) the redirection of stormwater runoff currently flowing into the ditch referenced above to the City's retention pond located south of the south property line of the Parent Tract; and (Iii) the paving and striping of the fined-in ditch area on the Parent Tract to create additional parking; and (iv) an survey, design, and permitting necessary to accomplish (i), (ii), and (Ui) set forth above. (B) The improvements set forth in Section (A) above will be incorporated into the City's construction plans for the Old Winter Garden RoadJProfessional Parkway Improvement Project and will be constructed as part ofthat Project. (C) Construction of the Project in accordance with Sheet Nos. 33 and S-5 of the 100% Construction Plans dated July 1,2003 as those plan sheets relate to the Health Central Property. 3 006.275153.5 (D) The City wi11 also modify its construction plans to move the proposed sidewalk to be constructed in the new right-of-way described in Exhibit "B" northward to abut the curb line, creating an approximate strip of right-of-way on the southern right-of-way line. The City agrees, as part of the Project, to install landscaping selected by the City. After completion of the Project, .Health Central shall be responsible for the long-tenn maintenance of the landscaping. (E) Within thirty days of completion of the improvements set forth in (A) above, the City will convey to Health Central a drainage easement in the fonn attached as Exhibit ."C". (F) Access will be maintained at all times to the Health Central Property duringconsrruction of the Project. 4. Consi'eration. The parties hereto acknowledge and agree that the perfonnance by the City of covenants and agreements set forth in this Agreement: (a) constitutes full compensation to Health Central for the value of the Property and the resultant damage, if any, to the Parent Tract o\vued by Health Central; (b) includes full compensation to Health Central for all trees, shrubbery and other improvements on the Property, all of which may be removed by the City in connection with the Project; and (c) includes compensation and reimbursement to Health Central for all costs and expenses incurred or to be incurred incident to this Agreement and the closing hereof: including but not limited to attorneys' fees, engineering fees and appraisal fees. 4 006.275753.5 5. Closiu!. (A) Health Central shall convey the Property to the City within 30 days of the execution of this Agreement. The Drainage Easement shall be delivered within 30 days of completion ofthe improvements on the Parent Tract 6. ClosiD! Costs; Ta.xProration. (A) The City shall pay all closing costs associated with this Agreement, including an recording fees and documentary stamp taxes, if any, relating to or resulting from the conveyance of the Property to the City and the granting of the Easement by the City. (8) Real property taxes in connection with the conveyance of the Property shall be prorated as of the day of the acceptance of the conveyance by the City and the prorated amount shall be paid by Health Central. Notwithstanding the foregoing, if the Closing occurs between November 1 and December 31, then Health Central shall pay aU ad valorem taxes for the year of the Closing. (C) Pursuant to Section 12B~4.013(4), Florida Administrative Code, the City hereby determines and gives written notice to Health Central that the City has decided to acquire the Properly and that the City is prepared to institute condenmation proceedings to acquire the Property in the evellt Health Central does not agree to sen the Property to the City in accordance with the terms and conditions of this Agreement. This paragraph is included for the purpose of documenting that the conveyance of the indicated interests in the Property is to be made by Health Central to the City under threat of condenmation and that the conveyance is not subject to Florida documentary stamp tax. 7, Furtber Documentation. The parties agree that at anytime following a request therefor by the other party, each shall execute and deliver to the other party such further 5 ClO6,215753.5 documents and instruments, in form and substance reasonably necessary to confinn and/or effectuate the obligations of either party hereunder and the consummation of the transactions contemplated hereby. 'The provisions ofthisparagraph shall survive the closing. 8. Time of Essence. Time is of the essence for this Agreement and in the performance of an conditions, covenants, requirements, obligations and warranties to be performed or by the parties hereto. 9. ApDlicable Law. This Agreement shall be construed and interpreted m accordance with the laws of the State of Florida. 10. Disclosure of Beneficiallnterest. (A) Contemporaneous with the execution of this Agreement, Health Central shaH deliver to the a public disclosure of its beneficial ownership which shall comply with the requirements set forth in Section 286.23, Florida Statutes, as from time to time amended. This Agreement constitutes a written notice from the City to Health Central requesting the foregoing disclosure and informing Health Central that such disclosure must be made under oath, subject to the penalties prescribed for perjury. (B) Health Central warrants and represents to the City that no member of the Ocoee City Commission, no agent or elnployee of the City, and no person related by blood or marriage to any of the aforesaid has or wHl benefit in any way, either directly or indirectly, from the closing of this transaction. 11. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto, their respective legal representatives, successors, heirs and assigns and shall run with the Parent Tract and be binding upon and inure to the benefit of the heirs, legal representatives, successors and assigns of Health Central and any person, firm, 6 006.275753.5 corporation or entity who may become the successor in interest to the Parent Tract or any portion thereof. 12. Survival of Warranties and Agreements. All warranties, representations, covenants, obligations, indemnities and agreements contained herein shall survive the execution and delivery of the Deed, the closing documents and the Closing to be held hereunder. 13. Notices. All notices, consents, approvals, waivers and elections which any party shall be required or shall desire to make or give under this Agreement shall be in writing and shaH be sufficiently made or given (i) when mailed by certified mail, postage prepaid, return receipt requested, (Ii) by hand delivery to the named individuals representing the party to be notified, or (iii) by private parcel next business morning delivery services. Notices, inclUding notice of change of address, shall be addressed or transmitted to the addresses set forth below or other address that a party may designate in the manner prescribed herein: AS TO HEALTH CENTRAL West Orange Healthcare District Attn: Alan Crowell 10000 West Colonial Drive Ocoee, Florida 34761 AS TO CITY: City of Ocoee Atm: City Manager 150 North Lakeshore Drive Oeoee, FL 34761 Notices, consents, approvals, waivers and elections given or made as aforesaid shall be deemed to have been given and received on the date of the mailing or delivery thereof as aforesaid. 14. Effective Date. The Effective Date of this Agreement shall be the date that it is by the City and such date shall be inserted on the front page of this Agreement. 15. Board of Trustees Apl!foval. This Agreement is subject to the approval of the West Orange Healthcare District Board of Trustees. 7 006.215753.5 16. Termination of Existine A~reements. The City has previously obtained from Heller Bros. Groves for the benefit of Health Central the following: (a) Termination of Easement Agreement dated December 28, 2001 as recorded in OR Book 6423, page 7330, and (b) Termination Agreement dated December 28, 200 I as recorded in OR Book 6423, page 7328 (collectively, the "Termination Agreements"). At the Closing. Health Central win execute Joinders and Consents to the Termination Agreements and such other documentation as may be reasonably required by the City in order to evidence or record the termination of the instruments referenced in the Termination Agreements. 8 006275753,5 IN WITNESS WHEREOF. the parties hereto have duly executed this Agreement. to beco.me effective as of the date and year first above written. Signed, sealed and delivered in the presence of: For use and reliance only by the City of Ocoee, Florida. Approved as to form and legality this _ day of .2004. 006.275153.5 HEALTH CENTRAL: WEST ORANGE HEALTH CARE DISTRICT By: Name: Title: CITY: CITY OFOCOEE, a Florida municipal corporation By: S. SCOTT VANDERGRIFT, Mayor Attest: JEAN GRAFI'ON, City Clerk Executed on: 2004 APPROVED BY THE OCOEECITY COMMISSION AT A MEETING HELD ON ,2004 UNDER AGENDA ITEM NO. 9 EXHIBIT A Lot 1, MEDCARE CENTER, Plat Book 18, Page 136 of the Orange County Public Records. Subject to aU Easements of Record, 10 006.275753.5 lEGN. O€SCRtPTION (PJWPOSED ADOITlONAl.. RIGHT Of WAY) (RW-') TIwt part of Section 29. jowl'I,hip 22 wuth. RCl'lge 28 tOst. OronOf! Cliunly. florido. bemg mCf'fl portieulQrly oo$Cribed 0$ fOllOws: Cotnrr<<trli;:ing ot the intllnseetion of thf North rigl1t of woy line of Prote$$iOl'1Ol Pol'itWO)' and the Eo.' rigl'lt 01 .OY line of Ioklguite R<iod; th~1Il NQrt/'l 00"42'10" (0$1 0 distance of 67.49 feet QI0Cl9 lKlid North riqht of war line; tMnce ktclvinq sajd rl9ht of woy line South 00' t 7'Sti' W.$I 0 distance of 00.00 1..t to 0 ~nt on the South of ~ JiM of $aid Profeuional Porkwcy; thfnCt! olong sold rll}l1t of 42'01 Eost o distance of 92.S4 feet to 0 CUfVe cOl"ICGve 10 the lIOuthwnt. having Q rodiutl of 50.00 fMl. a e ond 0 chord of 63.25 fillet thot bears South !!Wo.1S" Eost; South 89"42'01" \Nnt 0 of 3~L43 h~~ to (I P<lln of Mogulre Rood; thence o!i::mg $(lid ri9ht of woy 2(1,57 feel to (I paint of C\..IfV(ltUte of Q -Cl.lfVe COl'lCOV41 tc> the lIOutheO$t. hoWl9 a radius of SO,oo feel. 0 centrol 83'413'28'" ond 0 chord of 66.79 feet thot beors North 4748'02- EOlt; then;:;e erty 7.1U4 1..1 oJocnq Ihf orc of said cwve 10 thlt POI lilT Of EltClNNfNC AINlNC 5~eg ~re f.et. mtlr. or Jus. 1i~ W"Olt1 t. ~. .bft~ ....... '-_ ..... ....."11 on Il<m>line of ~Il""d ''''''' SIDtion tlt9+ootD $Option 200+(10. ~ HortllOI'Orfl" lOot. 2, ~. Sll~ .2 ..121m _" ofo.w>pll<>n LEGAL DESCRIPTION FOJ'i f'rb(<!!$sl(}l'I.lllEngineeril1fl COflsl.dto.nl.$. Juc, 006.2157535 C(lU HI) ..~, 3t.199'9 510., NOT 1'0 SCAlZ SOOTH> .. ~ COllI' A.._ MQ~~ f~~ ll'S1 401/6.,..$$9& (); lilGH-6. 11C'''''' _i,.;#wl;" Cedi........ thaI P ...,. ""..."..u.... ....lI\Iil il,,,. 11>0 M~ \11.1 l'I1!S IS NOT 11 SlJR\I!Y. 0I(l, n..s EXHIBIT "'B" 11 .'O~' .<<..<.... .' SKETCH Qf DESCRIPTION o <C ~~. ~ J t ., ~ NOT PLATTED ~ f~ =100' GRAPH'? SCALE 50 100 1 200 'i " \Iii1 1i o . /" POINT OF COMMENCEMENT I / omH RIClit at W4Y titlE FESSIONAl PKWY. R..SO.OO' L.-6~t4a' A -78'28'02" ce-S5,'04'1S'E CHORO-63 ,25' '" m - MEDCARE CENTER PLAfE!OOI< 18 PAGE: 136 PROPOSED ADDmONAL RIGHT OF WAY l Ii Ii - ~( co - CHQ~ ~ " _~11 ( .. EAST W '" wesT $ .. $OI.I11'l l"-C. .. I'OlNT or CUW\lAn.mr 1>.1. # ~ Of' 1>>lOCWCY 141:>. c4$eQ0l:u7 45llOO }'. llil!illl Sh<<t 2.of 2 Sic. sn..t , 1", ~ o...,i1;;tllm 12 006.275753.5 PREPARED BY: Mary A Doly, Esq, FOLEY& LARDNER 111 Nortn Avenue, Suite 1800 Post Office Box 2193 Orlando, FL 32802-2193 (407) 423-7656 RETlJRN TO: Jean Grafton, City Clerk Cl'F), Of' OCOEE ISO N, Lakcshore Drive Ococe, FL 34761 (407) 656-2322 INTERGOVERNMENT AL TRANSPORT A TION AND DEVELOPMENT AGREEMENT THIS AGREEMENT ("this Agreement") is made and entered into as of the _day of __.' 2004 (the "Effective Date") by (md between WEST ORANGE HEAL THCARE DISTRICT, whose address is 10000 West Colonial Drive, Ocoee, Florida 34761 (hereinafter referred to as "Health Central"), the CITY OI<~ OCOEE, a Florida municipal corporation, whose address is 150 North Lakeshore Drive, Ocoee, Florida 34761 (hereinafter referred to as the "City"), and ORANGE COUNTY, FLORIDA, a charter county and political subdivision of the State of Florida., whose address is P.O. Box 1393, Orlando, Florida 32802 (hereinafter referred to as the "County"). W !TN E~~E. TH: \VHEREAS, Health Central owns fee simple title to certain lands located in Orange County, 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 "Health Centra) Property"); and WHf<:REAS, the County owns fee simple title to certain lands located in Orange County, Florida, said lands being more particularly described in Exhibit "B" attached hereto and by this reference made a part hereof (hereinafter referred to as the "Park Property"); and WHEREAS, the City and the County entered into that InterIocal Agreement Between Orange County and City of Ocoee Relating to Old Winter Garden Road From Hemple Avenue to S,R.50 and Professional Parkway, dated February 15, 2000 and that First Amendment to Intcrlocal Agreement Between Orange County and City ofOcoee Relating to Old Winter Garden Road from Hemple Avenue to S.R.50 and Professional Parkway (hereinafter collectively referred to as the "lnterlocal Agreement"); and WHEREAS, the Interlocal Agreement defines the financial and maintenance responsibility of the County and of the City for making improvements to ProfeSsional Parkway and to Old Winter Garden Road from Arlington Avenue to S.R.50 (hereinafterrefCrred to as the "projeet"); and WHEREAS, pursuant to the lnterlocal Agreement the City has prepared 1 OOO~ Construction Plans dated July 1,2003 for the widening of Professional Parkway arm Old Winter Garden Road from Arlington Avenue to S.R.50 (hereinafter referred to as the "Construction Plaos"); and WBREAS, the Project and Construction Plans necessitate the acquisition by the City of a portion of the Health Central Property described in Exhibit "C". attache.dbereto and by this reference made a part hereof, to be utilized as right-of-way (the llHealth Ceatral Property ROW"); and WHEREAS., the Project and Construction Plans require only a portion of the Park Property, being more particularly described in Eml.,.t "D" attacbed beretoand by this.reference made a part hereof (hereinafter referred to as the "Park Property ROW") be utilized as right-of- way for the Project; and WHEREAS, the lnterlocal Agreement provides for conveyance of the Park Property to the City for use in connection with the Project, and WHEREAS, the Interlocal Agreement also provides that the City, at its option, may convey all ora portion of the Park Property to a third party in exchange for land which sball be utilized for roadway purposes in connection with the Project; and WHEREAS, the County opposes any northward extension of Hemp Ie Avenue to S.R. SO and enters into this Agreement on the condition that no roadway be designed, pennitted, constructed, or approved on the Health Central Property that would function as a traffic cut~ through from Old Winter Garden Road to S.R. 50, and that any roadway that is built on the Health Central property be used primarily, if not solely. to serve the internal traffic needs of Health Central; and WHEREAS, Health Central is willin.g to dedicate and convey to the City the Health Central Property under certain terms and conditions; and WHEREAS, the City is willing to convey a portion of the ParkPro.perty described in Exb.ibit "E", attached hereto and by this reference made a part hereof (hereinafter referred to as the "Park Property Remainder", to Health Central in exchange for the dedication of the Health Central Property ROW. NOW, THEREFORE, inconsideration of the mutual covenants and agreements herein contained, and other valuable considerations, the receipt and sufficiency of which are hereby acknowledged, Health Central, the City, and the County agree as follows; Sedion 1. Recitals. The above recitals are true and correct and are incorporated herein by this reference. 2 006.321764.2 Section 2. Conveyance of Ri~bt-or-Wav. Within thirty days of the Effective Date of this Agreement and simultaneously with the conveyance of the Park Property Rernainder to Health Central, Health. Central shan dedicate and convey to the City the Healtb Central Property ROW described in Exhibit"C". The Health Central Property ROW shall be conveyed by Health Central to the City by special warranty deed free and clear of all mortgages and free and clear of all liens and encumbrances except for those matters acceptable to the City; provided, however, that the City hereby agrees that it will accept title subject to matters existing of record as of the Effective Date which do not interfere with or adversely affect the ability of the City to utilize the HealthCentral Property ROW for roadway or utility purposes. The form of the Health Central Property ROW special warranty deed shall be subject to the approval of the City. Within thirty days of the Effective Date of this Agreement, and simultaneously with the conveyance of the Park Property Remainder to Health Central, Health Central shall dedicate and convey to the City the Temporary Construction Easement attached hereto as Exhibit ~F" and by this reference made a part hereof The costs and expenses related to the conveyance and dedication of the Health Central Property ROW and the Temporary Construction Easement shaH be borne by the City. Neither Health Central nor any other person or entity shall be entitled to any transportation impact fee credits other than as set forth in this Agreement for, on account o~ or with respect to the conveyance of the Health Central Property ROW or the Temporary Construction Easement to the City. Section 3. The. Park Propertv. A. The City and County agree that within thirty days of the Effective Date of this Agreement the County, pursuant to its home rule powers and Section 125.38, Florida Statutes (2003), will convey its interest in the Park Property to the City by County Deed. The City and County agree that execution of this Agreement shall constitute sufficient application by the City for conveyance of the Park PrQperty. B. The City and County agree that only the Park Property ROW is necessary for the Project and the Park Property Remainder, more particularly described in Exhibit "E" attached hereto, will be conveyed by the City to Health Central by Quit-Claim Deed simultaneously with the conveyance to the City of the Health Central Property ROWand the Temporary Construction Easement. C. The County's conveyance of the Park Property is conditioned upon the City's and Health Central's agreement, hereby given, that neither shall hereaft.er participate in the planning, design, construction, penuitting or approval of any roadway, public or private, that would colmect any portion of the Park Property to S.R. 50. Notwithstanding the foregoing, it shall not be deemed a violation of this Agreement for the City and/or Health Central to plan, design, construct, and penult a public or private roadway(s) that connects the Park Property to Division Avenue. '"' -' 006321764.2 Section 4. The Construc~p..Plans. The City, County, and Health Central agree that the City will modifY the Construction Plans to include the fonowing: A. The driyeway to Health Central at Division Avenue will be modified to a 36' driveway in lieu ofa 28' driveway. B. A 36' curb cut on the Health Central right.of.way line north of Hemple Avenue. C. Landscaping at the rate of $75,000.00 per lineal mile for that section of Old Winter Garden Road between Blackwood A venue and Hemple Avenue. D. The eastbound left turn lane on Old Winter Garden Road will be modified to allow for 7S' of storage. SectionS. SieDReloeationCosts. The City agrees that the Project may require that Health Central relocate its sign located on the southwest comer of the Health Central campus at the comer of Blackwood Avenue and Old Winter Garden Road. It is agreed that the City win reimburse Health Central its actual sign relocation costs in an amount not to exceed $20,000.00, within thirty days of submission of receipts and appropriate documentation to the City, provided, however, that Health Central shall only be entitled to such reimbW'Sell1ent if the foregoing is completed within 6 months of completion of the Project. Section 6. HealtltCeDtral.~ntranceReJoeatioD. Based on the design of the Project set forth in the.Construction Plans, Health Central wishes to relocate its existing entrance located between Division Avenue and Blackwood Avenue to the intersection of Division Avenue and Old Winter Garden Road. In order to accomplish this entrance relocation the City agrees that simultaneously with conveyance of the Health Central Property ROW as set forth in Section 2 above, the City will pay Health Central $80,000.00 for construction costs to build an internal road between Health Central's existing entrance road and Division Avenue to the east. Health Central shall be responsible for an construction costs including design, permitting, construction, and drainage, for which the City will reimburse in an amount not to exceed $80,000.00. Construction plans for this road relocation shan be submitted to the City for review and approval through the City's normal site plan approval process. Following completion ofsueh relocation of the internal roadway, said reimbursement will be paid by the City within thirty days of submission of receipts and appropria.te documentation to the City, provided, however. that HealthCentral shall only be entitled to such reimbursement if the foregoing is completed. within 6 months of completion of the Project. The parties hereby agree that the Construction Plans will be modified to show the elimination of the eastbound and westbound turn lanes and the median opening in front of Health Central's existing entrance road. Section 7. Rieht-of-Wav Vacation. Health Central is the owner of property on either side of the following roadway segments: Grove Street, east of Division Avenue to Arlington Avenue Rowe Avenue, south of Grove Street to Jane Street Jane Street, south of Grove Street, west of Rowe Avenue Rowe Avenue, south of Jane Street to Market Street Arlington Avenue, south of Grove Street to Jane Street 4 006321764.2 Ohio Avenue, south of Grove Street to Jane Street Grove Street, east of Arlington Avenue to the west of Ohio Avenue The County agrees that upon proper application by Health Central for the vacation of the Orange County right.of-way segments outlined above that Orange County will process the applications expeditiously. It is understood and agreed that vacation of right-of-way is a discretionary act for the Orange County Board of County Commissioners and that nothing herein shall be constmed as a contractual obligation ofthe Board to approve any application to vacate right-of-way. Section. 8.. Cove.nant .R.uuBinelvith the Land. This Agreement shall run with the Park Property and the Health Central 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 either of the aforementioned properties or any portion(s) thereof. Section 9. Attorneys' Feesand.ExDert Costs. Simultaneously with conveyance of the Health Central Property ROW as set forth in Section 2 above, the City agrees to pay Health Central $25,000.00 for its attorneys' fees, planning fees and engineering costs incurred as part of Agreement. Section 10. Proiect B Costs. An references herein to expenditures to be undertaken by the City are deemed to be Project B Costs under the terms of the Interlocal Agreement and shaH he reimbursed by the County to the City in accordance with the terms of the Interlocal Agreement Section 11. 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 (i) 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; and a copy thereof has been concurrently sent to the following representatives of the noticed party: Ag to the City: Paul fl, Rosenthal, Esquire Foley & Lardner III North Orange Avenue, Suite 1800 Orlando, Florida 32801 As to Health Central: A. Kurt Ardarman, Esquire Fishback, Dominick, Bennett, Stepter, Ardaman, Ahlers & Bonus, LLP 170 E. Washington Street Orlando, Florida 32801 5 006.321764,2 As to the County: Director, Orange County Public Works Department 4200 John Young Parkway Orlando, Florida 32839 With copy to: County Administrator 201 South Rosalind Avenue, Fifth Floor Orlando, Florida 32801 Section 12. Limitation of Remedies. The parties hereto expressly agree that the consideration, in part, for each of them entering into this Agreement is the willingness of the other to limit the remedies for all actions arising out of or in connection with this Agreement. Upon any failure by any party hereto to perform its obligations under this Agreement,the other parties hereto shall be limited strictly to only the following remedies: (i) action for specific performance; or (it) action for injunction; or (Hi) action for declaratory judgment regarding the rights and obligations of a party hereto; or (iv) any combination of the foregoing. An parties expressly waive their respective rights to sue for monetary damages of any type for breach of or default under this Agreement by another. All parties expressly agree that in the event of any lawsuit arising out of or in connection with this Agreement, the prevailing party in any such lawsuit shall be entitled to recover reasonable attorney's fees and court costs from the party or parties who do not prevail. Venue for any actions initiated under or in connection with this Agreement shall be in the circuit court for the Ninth Judicial Circuit of Florida in Orange County. Section 13. Recordation of Aereement. The parties hereto agree that an executed original of this Agreement $h~ll be recorded by the City, at the City's expense, in the Public Records of Orange County, Florida. Section 14. Allplicable I"a'\". This Agreement and the provisions contained herein shaH be construed, controlled, and interpreted according to the laws ofthe State of Florida. Section 15. 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 16. Aereement: Amendment. This Agreement constitutes the entire agreement bet\veen 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 shaH be made by the parties only in writing by formal amendment. 6 006.3217642 SectiOll!'. Closill~. The Closing of the simultaneous conveyance of the Health Central Property ROW, the Temporary Construction Easement and the Park Property Remainder and the payment ofaH monies required. at Closing under this Agreement shall occur within thirty (30) days of the Effective Date of this Agreement. All provisions concerning the obligations of the City, County and Health Central which are to occur after the simultaneous conveyance of the Health Central Property ROW, the Temporary Construction Easement and the Park Property Remainder .and payment of money shaH survive such conveyances and Closing and shall be enforceable pursuant to Section 12 of this Agreement. Secuoll.18. . .EffectiveD~!e. The Effective Date of this Agreement shall be the date on which the last one of the City, County. and Health Central bas properly executed this Agreement and delivered a fully executed version or this Agreement to all parties. Section 19. . NOllseverabili~. No portion of this Agreement or the Closing is severable from any other portion orthis Agreement. REMAIND,ER OF PAGE INTENTIONALLY LEFT BLANK 7 000.321764.2 IN WITNESS WHEREOF, Health Central, the City, and the County have caused this instrument to be executed by their duly authorized elected officials, partners, and/or officers as.ofthe day(s) and year below written. 'OWNER.: Signed, sealed. and delivered in the presence of: WEST ORANGE BEALTHCARE DIST:RICT By: Name: Its: Date: Print Print Na.me_._ (SEAL) Signed, sealed and delivered in the presence of: Q.!X: CITY OF OCOEE, FLOR.IDA - .Print By: S. Scott Vandergrift, Mayor Attest Jean Grafton, City Clerk Print (SEAL) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEI;, FLORIDA. APPROVED AS TO FORM AND LEGALITY THIS _ day 2004. Date: APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING HELD ON , 2004 UNDER AGENDA ITEM NO. FOLEY & LARDNER By: City Attorney 8 006.321764.2 ATTEST: Martha A. Haynie. Orange County Comptroller as Clerk of the Board of County Commissioners By: Deputy Clerk 006,321764,2 ORANGE COUNTY, FLORIDA By: Board of County Commissioners By: Richard T.Crotty County Chairman Date: 9 STATE OF FLORIDA COUNTY OF ORANGE I HEREBY CERTIFY that .on this day, bef.ore me, an .officer duly .auth.orized in. the State and C.ounty af.oresaid t.o take ackn.owledgments, personally appeared as the of WEST ORANGE HEALTH CARE DISTRICT, wh.o [........J is pers.onally known t.o me .or [........J produced ,___ as identificati.on, and that helshe ackn.owledged executing the same .on behalf .of said c.orp.orati.on and limited partnership in the presence of two subscribing witnesses, freely and voluntarily, f.or the uses and purposes therein expressed. _day WITNESS my hand and official seal in the County and State last af.oresaid this 2004. Signature .ofN.otary Name of Notary (Typed, Printed .or Stamped) Commission Number (!fnot legible on seal): My Commission Expires (l{nol legible on seal); ST ATE OF FLORIDA COUNTY OF ORANGE I HEREBY CERTIFY that .on this day, before me, an .officer duly authorized in the State and C.ounty af.oresaid t.o take acknowledgments, pers.onally appeared S. SCOTT V ANDERGRI.FT and JEANGRA.FTON, pers.onally kn.own t.o me to be the Mayor and City Clerk, respectively, .of the CITY OF OCOEE, FLORIDA and that they severally ackn.owledged 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 C.ounty and State last af.oresaid this day 2004. Signature .of Notary Name afNatary (Typed, Printed .or Stamped) Commission Number (If not legible on seal): My Commission Expires (if not legible OIl seal): C:\NrPortbl\ORLA \JClJRTH\J21764 ~.2, DOCC:\Nrl'OrlbI\ORLA \JClJRTH\321764 _2.00C 10 006.321764,2 00(1.3217642 ~ (j,~,~ .\' I.,. 1m t a~ ~O) ,.......... ~ #J:i ~ ~ ~;... "It' S ,..., tV... . .... "'It' - (J) savr....-esrt;$lty cOf;""'Jf .'" or ""If>; y Il1akr Or i!(41' ill>,.f ,,~..' N75'28'08 tv OLD 'N1NTtR ~~ e. 60' ,'?/w /lOAD ..ir.......ruENT Cl:lM_""..... ~ POINt OF""y (;<:tRtC:R OF P SOvlH(ASlt "8" EXHIBIT ., Page Z on ~ 40 . ~ SCfo,t., ,:l c.:.B",PHI\.,. BG ~""~"""'N,( 4(} r: ,',,' 006,321764,2 s ... 006.3217642 O€SCRIP~ION li'1.e Pet" Ie:, !"\Jrk P\c.Jbhc Roe( Of'om Of tt;.etecf.. C$ t"'t:on:IQ<l ir Plat aaol< O. Poge 100 of the Contain,ng JI.~72 squOt" l!!i'!!i't, 0 n t;t:le$, more or less SURVE''l'MS R€~T: 1. alHlti!\9* .'-''' tuw_ otll b4$<td M th. !1Qrttl IlI1e 01 'he SQlltnw4st l/4 of the "'QI1pw"- If'''otSec;llon 2.9. T&..n$/llp 22 :so..u:, ~ :Ie. Eosl. Orooge C9Ul1t~,. flQmlo. being NO'..:2'l~E (~). ("....menls or n91\t11 "I . w<Yj tmll <lPp>l:\Or rm (i'<:Cf~pkltr$ Of lh<lt. ~ b<l!en flolMitMd to the $.I",,~r by ()thlH'll he." 1:>_ ir.(;Qrt>>f<lfed "'to lhi$ or'O"'''9 ..ilb ...pprQpriot"l'KlIIJ\loo. O!.t>cr "O~M>lfl may be< OOlK9".'.o by ;; ..ot~h 01 Ine P"t:>Iic RllCQnllii. .' OC$IicC Q!'l tht: N<:ll~ FI\')",* Ftl%l Mep Commvnitr No. l:2O$$CO~2.OC. d<lt.(l l1/ot/:2<<lO th!! <)1::><1"'11 <U!J<:tiIHl(l pi"openy \$ Hood ~lOtd or...., Z<l'M . (;. or.o of ,...inimcl flooding 4 NO <.m<lef~lte\.md. ",Iil\I)I!01.on1ll "'f "oy" bn,", !c>tUled "o<:epl 09 nOllKl, ;;, H."",.$ .", villibHII lW'tjIC"e<: l>" Ihe olte oi HIli property ..hl<:I1 mit;t>l $"9Qest Q pO$slbl. clcim 1)/ easement other snOw-flon e ,,$e<l fat ""eel >.lINll.1\JM rrCHNICAl SlA~ fOR LAND S~ CH, 61(111-6 t. fj 10 end theQ"9ino! '0'\14,4 I$IIAl! of 0 rloridd ~e.,tI$.1l :S\Jf'~ (1M II'\Ojlpllf'. '''' indkolcd jfj !eg.tt><J ore <lot \0 '(;1I1e .!illh""l bMe1it Me Til!e 1ii<!llrr:h A '[lIte l>eqrdl may .'!tfllOl 00<!!t>t>"4I i"fe.r""otiorl ti$ 'Sha....n thj:)3~ 4;'!JJb~~ te'OhHtt in \1H:: ~rt'ii'lleaote v,dn:fty Qt UlE: Obc';r4 Q~'$-c.'~bod p<:Jf1:,ffIl ~nd$("yholrJ. OF 2 Boundary Survey FOR !)~l" Dee, 14. 2002 fiLe J,* N4 'JiCQ'C: 45727096 1 w"'40' LEGEND o := l>'6h 't),p,c . (o-ncrete MO!'1\)men~, . !x 'nn Roc St:J \~;,t;:C IH '* r~Q~1 f.l UlSt SOOTH~$~. .WOPPlNG COfIP, PrOf~8$ionft.l Engineering Consultants f:XHIBIT "B" Pugt. I of 2 006,3217642 SCHeDULE "A" p~ 112 PURPOSE: RtxId Righi-of-Way A portion of l.ota Z, 3. 4 ond l5 IhrOl.lgh 14, Wulo....r Fotms as r~or4" in Plat Book O. Poqe 120 0' the f'ublk: ~ll'CQrdll 01 Or;::n9* County, F10t'ido. lying in s.etion 28. TOW$hip 22 South, Ronge 28 Eost Beinil rt!0t'1I portlc<.sklrly <if/scrllad till f<lllowlI: Begiooif19 ot 1M iflte"'~tlon of the Northerly Right of Way line of OldWlm.lIf' ~ Rood ond the Wdt.rl)' Right of Way line of OivisiQll Avenue; lh.,.,c. alotlg soid Northerly Ritl'lt of W<ty h ttte f~owir\9 lwo co"rsfUi; N7!r20'08"'W 1,164.83 IHt; thence N79'00'o6"W. e., .$3 'e.t to a point on tM easterly Rigl'ltof Wo'! II,.,. of 61odurood Awm.l.; tn._ along Mid Eosterty Right of .Wayline tM fo.owing thIM: <:Ol.lrll..; NfO"17'4l,l"e: 13.00 fHt to "peint on the ore of a non-tOf'lgel'lI cWYe concave nOl'theQl;terly Mvinlj 0 rodilJiIIOf 2'1',QO h~td, Q centrol 0I'l9'. of 7$'33'51' ond a chord of ;'54.55 fefl thot 1:><<nl'l!l N19'5!fHfw: ttwille. n(l(ttl\1reslerty olong the orc of solei CUl"t'.. 31.49 feel: In.nce NOO'l)W2JfW. 25,70 feel; lhence <iepertio9 floid Right of Way line S"T4i()'t5"'E. JO.16 INt to 0 point 011 the (It'C of 'J non-l<lngel1\ eurvllt eoocove $Q\Jtb.rly haYing orodius of 2,149,00 fefl, a ctntrol o"9kl of (J'J'07'fJ(f ond 0 chord of 26.6,75 f..t that plJQf'lI S79'2 1'21"(; thence eosterly otoog Uw ore of soid {)UN., 266,93 t..t, thence S6$'25'4Il"E; 50.$~ feet to (l point Ol'! l) !ii'll being 50,00 tat nol'tl1eriy 01 oM poronel YI\thaforelloia Northerly Right ()f Way line;tMncc 131009 ,old peronei line S75'2S'<l8"E. 6SSL53 f.et; Ih."..,.;;e N52"22'15"E, 3(L66 teet to <1 point on 13fOl'fto!d Westerly Right 01 Way Iln.; thence aloog $(lid Right of Wt'J'! line SOO' 11 'o6"W, 76,60 fetct to the POINT Of 8€G!NNlNC. Contoining 63,4lii<2 'Square teel Of L4€ acrelO, t!10r. or less, 1, ~ .llQlm M"'" "''''' 1>0"'"' "" the ~n _ of 11\. S<>utll.....tl/4 of .... North"",Jot 1/4 6f SHIioIt ft, r~ 22 SovUI. Iill:109<l 7111 tOlt 111 ~ _4~'l~E <-",...), t, that IN .~" of of IN o~ delt;rlM:d "..r\)''' t'iIi'll"" ...,.......,1 !Ill "" ....1 of .my ~ 0/\4 lIlal it lI14llU 1M ljll;MlcQl ~""'~ ...., lOf'th by "" ~ &ooi'<I << 427 of III. FIoridIl StUllAM, .~n7072 DeacrlpUon. FOR Professional Engineering Consultants (,1\:>17-", I'1Qfido ~l/1I. "''\Iv,," _ 01. Olljll;hptkm jj, o..iNjj Ileoor 1M j\()lotiotl \hot THtS IS NOf A $UMY. EXHIBIT "C' Page I on3 SEt JIO. 4&46 006,321164,2 w ::> z ~i ~ ~ o~ 8s 3t~ ~~ ~i m H 1 0" 1 7' 49'" 13.00' 8fl~TIOHS; iVW- 1OO>l1 "Or WAy 1'l-l'lAlli1J$ 1....l..lNGTh t3~(:HQI!() Df~ " ..Ct!fl1<Ol, ANSlE "" <1572""1 <lW9 (A) R-2.7.00 l-37.49' A =79"33'51. CS-N39"55'1 ft'W CHORO-J4.5S' (8) R-2149.00 L.-2S6.92.' A-T07'OrJ' 21'E .75' S 41'40'15"' E 30.16' ME 1/4. H E 1/. SECTION 2$1 ... ~ ... I \I WESTOVER fARMS PW\T eooK 0.. PAGE. 120 Wl' "I B1.0Cl<8 VJf" S 66"2S'4fr E 50.69' UU' . \ \ N 7!100'0S"' W...l 57.53' OLD ~ () 1" =100' GRAPHIC SCAL( J I 50 100 200 UU't EXH1BIT "e" P8ge :1 or 1.3 006.321764..2 SKETCH Of' DESCRIPTiON PAIiCE! 11 ~ .... ~ .... S E 1/4. N E 1/4 SECTION 29 I I _ ~ IU.llltJllII( Ot'll1llCf "'*II. II NO. .....~~t 'II1tS'I' __ lCllI.- IIlI5\'lIICf twlCa. II NO. H-U~1jO WESTOVER fARMS PlAT '8O(.)l( O. p~ 120 SJ..Oa( e I.O't :. tDf.2 LOJ to H 5X22'15:' E ! 30.68' i un 12 . ' un !1 II "I&. OLD ..... lV 1 WINr~p '6i.8J' RIGHt 1\ OP WAf A~' II. _ 0.- WAY Il-AAOID$ l-u::NGTH 00<1101\0 ~ .. -C(t(f1<Al.. JImlU: f.:X tUIUT "e" ";lEe:3 of!J .ol 200 LaJ ::;) Z t.J.~ ~~ o ~ Zfi o. -8 <n. S;i - o pll.fl:CH I 14 U:: CAt Of WAY 30 thrQvgh 32, Block 12, PARI( RlOCE os rllctlfde<l in PIGt Sook O. P<lge 10001 the Oro"9" Covnty, F'iorklo Seil'il:j fflOf't' P<l fHclJll'll1y .dlIsai'Mc as loll"..!>. ot the ....tersedio.... 01 1M Ilosterl)' righl "I wo)' IlOt! of j);\I'lI,Qn Alftlll.ll Qnd tbe Sou,thwest.t!y CQrfl1I1 soi<l tQt 32; tl\ence NOU H '!l6"E Okw'il $0.12 eo.ted)' right of wo)' line 76.60 ...1; tbel'lCil teo"ing lfIuid rl9hl of way 1i1le S37:m'()5~E 0 disloroee of 3$,49 16ft to 0 JWint on (I line being 50.00 fflt l'IOl'tt!ef!y 01 ond porolkll ""'It. the northerly ri9h{ of..oy li"e of Old Winter Gorden ROOd; IMncil S15'28WE olcllg :said PQf!;1Hel line 97.1 I' feet 10 0 PO'rit on tlm _lefty Iloe QI ~ lot JO~ Ihen<:e SW:W~W olong .016 It>! tine SiOJ)O feel to tl poinl (ll'l the $oid nOf'thel1y rit,Jhl 01 ..or Me of Old Wint1I1CotdenR<<ld; thence N15'Z8'08"W 010"") sokf dght of ..oy ,;"e 109.39 leel 10 the POlN! Of aEGlNNlNC. ContQming 6,002 $qvQr~ feel Qf 0.,'; 01:.'.$, more wiess Ofe bot...'" on 1M Nor II' I....." 01 l"" !i:W 1/4 01 the NW 1/4 !'long" 28 ros!. OfQng~ C<>unl.y. flwicla. being 1'159"42:'15"( EXHIBIT "C'" ralt' ... ofl3 SHif1 1 01' 2 Lelel ~pt.l()D FoR f',nh!lllm:mal Erll1.ine~rmg COhl!u1t$nls April 22. 2QO:a cs ~. I" .. 40' rl.Q-~ ,~.(ks-{rGij:1o:. t.~iH!!~ Q ~901 ()'~t~cn 6i~iIf(~n, b~J' ~~ -/tQtolJqn _ ._. ~1 THIS ts HOT A $URYEY. 006.321764.2 000.321764.2 ~ SKETCH OF DESCRIPTION I I 1 I I I I I I I I II ~ LaJ\I~ i ::> ~~ t'} z l~~ i ~IIJ ~ l:~ ~ Iii ij 5! - ViI ~ ~I % jatD LOT ! lO1 2 lILOCK 1 ~ P It. R )( fit I. 0 C E I'\.At eo<)otO. f'~ 1Q() ~ ~lP.lI1CNlf. lHC ~ to NO. ~_:il#-""",-I2-o'O cw ----- lV,(1' l~ RQAD 1" "" 40 GRAPH/(: SCALE ;;;;: ~ u . 40 1'10 EXH1B1T "C' Page S of 13 70 006,3217642 PARCf::t 11/ RIGHT Of WAY l.EGAL tltSCR!PHON: A portion 01 l.Qls i8 oM 19, ::!lod< Ih<!i Public Records pi t)q::u'>ge Covill)'. PARK F<<QCE .<)$ ,KOfC(>(l if! 1'141 800k O. Po9~ 100 of l!lem9 more ponil;V1arly dellctll;}e<.! <)s 10110..$: 8e9<o1\;1\9 01 tM M>utheo$lelly CQrMr I)f $Oilllotl 8. sold 1>"'01 being ()I'I 1M rIOrtherly f;9l\tol ..o}'kn. {II.. Old Win I., CQrdef'l Rood; n,.nce N7!f2troa"WoI0I'19 said. r''9ht of "'9Y line 50.00 f.1t 10 Ine1lQUtn..,slt1r1ycQme, QllilQid lot. 19; then,a IeQving soW ri9b\ O'f lIfoy line Hl<4-;WM"E 010<'9 the wnte<ly Ii.... OI$oRt Lot 19 o<li$l_e of 50,00 Ill'! to (I .~?t .o!'\ 0 1.1'111 bein9 50.00 leet I\ortherly 01 ond porollel "iln !Wid ti9hl of ..oy lifte; thetlce S1S'2S'O$"E 0101'10 $oidporo!lel !In. te.t to 0 point .Ctl the eoslerly line of S<l!d Lot ! 6; thence S 1..:.51 'e.rw ol0l'19' sold lol 1,_ leltl to the POINT O. BeGlNNlNC, {;Qr<toi.Il,nq 2.!>OO sqVQrl! feet .0( (},06 <;Kn.ll, m..... 0' Jess, lh~ North I;ne "I the 'SW 1/4 of tl'le MY!..!. QrQn<}e Co...nty, f'lor.eo. betl'l9 1>189"42'15 E Leial DeHrlpUOD fOR ,,, April 22. 2002 C$ J<>b~; ~Ql" 45127039 C' m 4it Pro[.,.$1;iOf\al I!:olllwwrmg COllnollilnt" (;-K (;~dC f~->'JW*~ "Q l.t)-4l. d~:$C' -gr{;'N''''''J (H)>')( -H~~ l'J,Q<\mto~ B'i01 THtS 1$ NOT A SOR'YEY, EXHIBIT "CO' Plil~6orl3 SHEET 1 OF :I 4$7:1703' <X'lRP. 006,3217$42 SKETCH OF DESCRIPTION ~ 1" '" 40' {} 20 ~Tiltl\'1~ OLD 80 WI: STERlY l.>I<t Of LOT HI- EXHIBIT "'C'" Pagt! "1 of 13 CtJlP. OF WAY 12 through 17. OfQf"ilf! County, 12. PARi< RiCe€: os re(;{)l'4ed in Plol Book O. Poge tOO of In. Bc''''i ,,",ore IlCrlJeu!orly oil:scribed 011 toliowl" 0; 0 the $Oloithlll'l!$terly oomer of scld Lot 17; tMeneeNI4'Jt'52"E 01ot'i9 the w..tel'l)' line of \ '1 II dlstone. of 5CtOO flllet to opoml 01'\ (I ti..... being 50,00 feet nortn.liy of OM flOro1le! with the rn>t'tlll!r\y rlqh! of ..o~' !ine 01 Dfd WI"ferG<.1ruert Roo4; thence S7s'2a~Q8" E Qloog$Qlcl pOl'oIlel 1111. 150,00 feel to 0 point 011 the westerly rV;lht of wey li~ ofRO'lJe Avenvc; th.l'il<' SI....31.S2"W 0101'\9 .old fi9ht of wo)' Hn.50,OO feet to. the $Cutheo$hlrly comer of soid lot 1201$0 beill2 0 polnt Of'! tht nQftl'ler\yright 01 wQJy line of ofOff1l01d Old Wil'ller G<lrdel'l Rood; lhenl<e N75'28'08 VI al0l'i9 aoid riQht of '/IIay ,i,.,. tS().OO 1",.t to the POINT OF aISGINNl~C, CQntelrong 7,50050l.lQr. feel. or 0.17 ceres. mo... <:>r less, NOTE: ihe !.)j!Of'r'Il;l'lillhow" hereon of Sediorl 29. TOIO'Ni.h'P 22 SowO" (.ASSumed), QQSlld 01'\ the NQrlh II". 01 tl\", SW 1/4 <>1 1M NtH 1/4 28 to!!l. Orot\qe County. F'lotldU, being N8tT4 2'15~'E 6~C17-6", f')crWe MrNtli$.h''Odvt r.o;;if'fi thO!. C '<<=q~ d<<:Kripdofl; drc-.''lflQ' \)*0.1' tht: notut~..1-hCl THIS /SHOT A SOl'M:V. Lqal Dacription rOR Prol*lI",iorllll Engineering Cotlll>l.lltdnts O~d.; April 22. 2002 CS ..11>" "<>,; ,,,,,,!<t, 45727038 I" - 40' I':XH .BIT '"(~~' Page l!l of 13 000.3217042 006,3217642 H OF DESCRIPTION loOT II LOf \0 u:;r 1S l.Ot '1 ~ ~ :> <tC("~ lOT 12"... 4: '8~ " g~ I.tJ ~ !?3E ~O J (.I) Q:- L soutlOSTtJll.:r CORHEIt 01' tml2 POINT OF' BEGINNINC riOlJr..wE!ilfi:~LY ~lIrt!. .OF toT 1,. ~ ~ It<: 1 uLO . . .. ... .1' /h/r WINrE~ 60' ~ARDtN ROAD EXHIBIT "C" Page 9 ofl3 ~ 1" ",. 40' GRAPHIC SCALE 20 40 . 80 ~,~,: C l.,,:;ot Qlj,tKdf)'1h)f" 000.3217$4.2 RIGHT Of WAY 11, PARI< RH)Gt O"s recorded in Plot Soo;. O. P09f1 roo of tM ee'f!<;l fl'1Qf" porti(:ultlrly oflscribltl1 011 10!loW$' l1eqinning ot 0 Ihe> .nt..-uc\,on 01 the (losterlj! right of \lIoy lint of Rowe Avenu. ond I". nOf~l1yri9hl <II ,",OJ! ,ll!'!. of Ol<:l v,t'l'Iw~rdenRnod.lJeing 1M $4VIl'!..esterly (,O(ner of sQid ,"01 29; ttlet'lCeN14'31'S2'"E 0101'19 Mid !lOst.rly "'9ht (ll ",oy line 50,00 f.fl 10 <: point on 0 line beinJ;J. 50.00 teet nortl'lel1y of and porol!l;l!with notlhe.'ly right of woy 11M; thence leaving sold ri9ht of way line S15'28'08"[ O~ 'SOld P<lroHellln.. leel to o po.,,! 0" tM \'JQlller!)' Ii". <:>, soid tot 2'; thence Sl.-.31'S2'"W olMg soW lot ling 5(LOO le'It\ to Ihesovlhoolllerly cor.....r 01 soid lol 27, blIin9 on lne alOfeHid northerly ri9/'!t of wey of Old Wlt'ler Corden Rood; l}'len<:l! N'15'ZWOH'W oh;H\9 50'0 right 01 way line '73.91 ree. Ie lne POtlilT OF' eEf:;lNN1NC, Contoitling 3.69t:l SqVOtlt leel or GJ;l8 act~S, mete or I.eS$, bOSW Of! the Notlh line 01 Ihe SW 1/4 of t~ NW \/4 28 tost. Oronlle County. l'Ior.oo. beinq r4fI9"4::!'IS"( b'i!\lr."gs sl\O..,., 29. Township tela! De:acription FOR Pt'Qf""Sl<l!H.\ EnglfleN'lng Con$u.ltantll {h 6J(,17....f, f'~J:~~~mn..lr(it~..'f c~~ ~.q~l',ej H~~n -G l~9.old....cYtp.l:iQ" otu.~n<; C'.~'it tn., ~:'Uj~~~o:f' In(r,: THIS IS NOT' A SUFM:Y. EXHIBIT "C" Pagel () on 3 :;hrn ' or :2 4~7~70'J (;(lRI>. 000,3217&42 POINT Of 8EGINNING SClJl HI'll5tE"LY {;()jl..Ol (If U)l J'il SKETCH OF DESCRIPTION r'~---~ ..JANt I ----_~ttr / f f I I !i i.;(H ~ 1..<;)1 2 l I I~ A R I( ~0Cl< ;\ 0 C E / PUll El(l()( 0, Pi"CE \00 i Wll9 / ...or ze 1 i I tJJ>lL IOkD R/fI i,.lIl( ~ I' " P K ~ t~.- 40' ~iAPHrc ... S~t: 20 40 .1 80 , o $O\.Jn<(;\STall Y (;QllNltf< or .01 ~,. ROAD EXHIBIT "C" rag~ 11 t)f 13 ,_~;'j;H bi!:1'<,.d'dt,')" 005.3217$4.2 PMCE:~ 121 RIGHT OF' WAY lt~AL tlESCRiF''fION: A (>( Lets 22 ttln:llJll'" 26,91(1(;" l1"AR:K RIO(;( 011I r~d.d ir> PlolEloolc O. poge 100 of Recordll of (}rorge County. ae1n<j more POft!CVI(l(1y d~H.crit>f!rl <:1$ lallow.; Ill~S;l'\l'\iI\9 et the interueticn of tne oQrtMny right of ....01 lint of Qlo W"lAtef (;Ofc.n Rood onc Ihe SQvthw8$,etly comer 01 6010. 1..0' 26; thenee NW:;Sf52t: oli:m9 ttl......terty I.,. of .old L~t 26 o distOl'\C1Il of 50,00 feet tQ a point on 50.00 ,..1 I'I()f'tlttll'ly of and poroIhIl with. the plQfll$Oid ,19/'11 of 1110)' Ii!'.; .. $oi4 p<<ollel 1...141.00 '..1 to. 0 pOint on the 11ne of $o.d Lol22; II'llll1ee $14'31 OIon9 $Old tot Im.saOO feel to 0 point 0t'I wey line,lhence N1!S'28'(I8"W OIong .CI<l Iitle 141.00 feet to the Cor teln'1'l1;l 7, \l:::>C fiql./Crll loet Of (},16 ..eres, mote Of htlls. on I"e Norlh Ii,.,. Qllhe SW 1/4 .of the NW 'L. EllS!. O'anqe C_ty, f'I",tida. 0010'''9 N89'<l2'1l5 E: It:: neacripUon F'OR F'rQ!euwnlll Ellgln.,oIOring CCnlmltllflts April 22. 2002 CS ,100 lIl<l l>c:Olt' 45727045 1" ... 40' C~^ 6tO"...t. nl)ftGc';~rti$ttcthl. c~ r'.(t>A~. l~ct 0 ltifjCi ~.crlpti-(>>\ df'-o~(j ~~ tn.. ~ototlon .~ftt THIS IS HOT A SURVEY. EXHmlT "C' PlIgt. 12 of B 5Hf:fT ' Of .2 CORP. 005321764.2 SKETCH OF DESCRIPTION F *R>< :s/ ~Of LOT n W OLD WINrf:""D. .. IitORrlfflfl'r'lll0tj c;.;;.," G .. . OF llI!. 60' R . :A.RogN. .. l" uttr :/w ROA.D so 1# .. 40' SCALE: o C(lRP, EXHIB1T "'C" rage I J 003 (JOO, 321764 ,2 HGtiT Of wn DESC"lIP"'10N Let, PARK RIDGE os <ecorde4 ,I) PlOt &-ok 0, PO<Je 100 of the Public Records of A portton d1 OrQI'Igll <>>uflty, 811i1J9 more lmrlieulorly lJef"::n~d as fellows ae~"rWngQt the intt~f'$ee1jol\ of lilt! aoutheusterJy corner of soid fXlrl<: lot ond the northerly right otW(JY lim~ of Old winter ()<;ftler RaGa; thence N7S2S'OIl"W olQ!\g $oid t'ght of way line 25cJ.00 feet to tM &Outrn.e5Ierly CQI'l'ler of tiO;(j perk 101; IMrlee lea\l,ng $4'd ri<)hi of w4)' 1\11:t..3 t'52"e: olons thewlI.btriy Hoe of sold pork lot ffi},ClOleet to 0 pomt on () line tlei"9 50.00 t..l northerly of (lnd pGfolllll with soid northerly (igl'lt of 'lto." Ime; thence 57S':t6'08"t 01l>fl9 !l(lid pGfallfll line 253.00 t.et to lJ poi"t 01'\ the eQstefly hne cl l!oki P()(~ !tit: l~.ence S14'J1'5:rW 010;19 lIOicl lot line 50,00 fetll to IN POINT Of' B(,CINN1NC. (;0(\(0''';1'1<) 12,650 squQr~ leet Of v,:79 0<:;'<1". rrr(jr~ (>I' 1<1$$, SURV~ Il:Ef'OR'I 1. a-e.".....9$ ~l'!_.. "'*'.""ar~bQ~"rl "" Ih.. Nortb ~M of !h<I $ovttl..ut V 4 pt U;e NtlrIl'l",..I 1;4 of $ec;tion 2$. 'fo1"/tl$hiP 22 $wIll, Roi'l~ 2e Eosl. Oronqe CWtlI1. flQ(!OO. beII>ljNb9'42"~~E (MSiltNld), ,,1, E.o...me'd$ ar riql1t$ of lItqj t~o\ appee' un H,<:Qf4t1" pI./ln.$OI' tlKlt 110...", b"'." ly,ni$fWKl .10 the 5U,.,..YO' by QctMts l1l:J>!ttlP!!eIl itlcotpototro into Hut; (1(0.'119 .itl'l opproprilllt MlQllQll, OtbIIr tQHl'I'l1!ntS 'I\'!QY "II' .if(9~t(" t>y 0 _ell ll>! tM ~!tl:' Jl~ord$ , t'l<:l$!I!" otl Ih4> WOl.iotl!'! h."C II'SI"""':" PI091<:m'1 f"Rt.A M<lj> C(lrl"~11 No. Il!O\l5C0220E. <:lOI.ed 12/0612000 j!'We ob;;we "ellOrlbed p'",,,,,,n;y .,...,th'" " #~""'('i"l flo.)d "~no;>.rl (lf~. Zone -e. QU'O 01 .....!tlimol fk>clding. 4. Nt) <Jl\illlf9K>ul1d 'I'\llJOiIOl,OI'1S QI 1fl,pto'.ItWI'lIS """., "tllll IOClIted tlXClIpt 0$ ....ol~. :" rhUf. .$ ."", ..i1libkl ~..!d(lf\'''' "fI ft." ,Fount! Q( \I.1I <>I lll~ ll"overl)f whi':;h ",,)gnl ,u99'!'1!11 <l pou!bl'" claim 01 .o,",m<mt olt:~f' tno:n thu$'t $hO_" o:n; tn. 1h;r..ey, t, M"o.....~ """tlll1ds <J\iit4 It>! {hi, "Jh"'J iTH'''' M!NiIllVloI l(CMNICN.. STANOI<ROS rOR t..AI'fO SUR~NC CH. 61<.17-6 ''''<l'''r!,..,eflt~ N~~ 1ii'Olid 'fi(;thovt t~ Qr-,C WIt" a: '; ~;;;litwf~! ShQ~p ~y .e-s i~ 9' 7h;~ -t"~tfQ4mit>d .ilhiml b<iiff~~f; t -as -S~j",,'r, <;:,o-ly t.hO~ "";S:l1:r-*, t~dvr~~ 11'"l ~,t'I~ ji1"WlediO~f yicirnl>j 01 ~he Oh4'V't'- 4~$Ct.bed perce! t)(HJnd.oryho~ roj,..,,, el Q flt:ifldo flj;Yl&\!d SlJ"""~IH (lI'HI mapper, ort' :i;:QJ.e~ " TiU", U<ltell, fi. Titl\! .eord> 'My ,,,,,....1 odditian<ll ,nfCf\rl\Oti"" 2 :JQt~'Dee. 14.2(102 SLC 45777097 Boundary Survey fOR JQt; NQ 45727097 ."..40' LEGEND <> ~- Ut;,n P:,~~ .:~ Cc;,r'lCr'tde MOnVf'rlt!:r"I\ . ~ Fen} Pn<: 'SSiJC La $;." ~t1Gd & O~tK Professional Engineering Consultunl$ .~~p, 32" .~ Otli!/ll'ldo Aw.. ....'tlol><l, l'lo:lri4lo 32751-41M (401) U1-llll.9(l CEIfl', HO, 1..S2108 . 011; ilIfoO~~ In<H1B1T "'1)" Pagt' I ()f2 F'f.'!'<;d~<<,d nJFi: '" .1.t 006,321764.2 BEGINNING POINT ~1I or f>NtK ~,OUltQ5rEf\Ll 1'01 ;;> i'ttocr l"_ J lIS l~ ,... 51 "'AIiT Or ,o~i).. RIcH; OF J1I-4y It..~ lflVl" - /t(7!f': OLD lit/IVreA 2$3.(10. 'R GARDEN ROAD. 80' J\l/W ,., ""0" EXHIBIT . Pflg~ 2 on j" 4C..., , {^' cI'A..t. r"L.."APHlv ,,~ ,><Jr-:;"." .. ........." 4[< ~ 80 t,<<,."......- (I ;;0 ~ rgf'l '!PI: 5/ - is f'.. ... - CI) CQAP. EXHIBIT HE" DESCRIPTION: The Park Park Ridge, according to the plat thereof, as recorded in Plat Book 0, Page 100 of the Public Records of Orange County, Florida. Containing 31,372 square feet, 0.72 acres, more or less. LESS: RIGHT OF WAY DESCRIPTION: A portion of the Park Lot, PARK RIDGE as recorded in Plat Book 0, Page 100 of the Public Records of Orange County, }<~lorida Being more particularly described as follows: Beginning at the intersection of the southeasterly comer of said park lot and the northerly right of way line of Old Winter Garden Road; thence N75028'OS"W along said right of way line 253.00 feet to the southwesterly comer ofsaidpark lot; thence leaving said right of way N14031 '52"E along the westerly line of said park lot 50.00 feet to a point on a line being 50.00 feet northerly of and parallel with said northerly right of way line; thence S75028'OS"E along said parallel line 253.00 feet to a point on the easterly line ofsaid park lot, thence S 14031'S2"W along said lot line 50.00 feet to the POINT OF BEGINNING. Containing 12,650 square feet or 0.29 acres, more or less. 006.321764.2 OOcL321764.2 f:SfA1lt. PURPOSE: TEMPORARY CONStRUCTION II polik.1I cl Lots 2. ;" 4 (lnd 6 thmuql\ 14, W.,1itclltr forms Q$ teeorced in Plol 8l)Ok 0, Poge '20' elf 1M Public Rec<<o$ 01 Orange COW !'!ly , t!otido. lying in Se<:lion :29, Township 22 South, ROf'l9l! 28 Eoet 8e:in<} more pcorticuior\y dl.'scribed os followl'" CQrtlffle:OCi!'19 ot lhep<;>int of mlefseet,otl ",I the N~y Righi ol Way Ii" of Old Win!<< Gord<<i Roed cmd the Wdle:t\y Ri<)hl of Woy Ii" of Oi'ii1lhm A\len~; t~n<:e <l10tl9 $Oid Westerly Right ofWoy line NOO'l1'~'E. 76.00 fl1lel;lhll'~l!l depcrtin<) $oid Fli~hf 01 Way line S5Z12'IS'W, :24.34 feet fO the POINT OF 8EGINNlNG; l)14Jtl4;;e contlnue SS:r22',~:rW. 6.05:> feel to (I point 0tI (J Ii" beiflq 50.00 ,et>t northerly of Qtld paroll<<ll wiilff the NortlHIll'ly Righi 01 Woy line of Did Winter Cord..... Rood; thence olong said Right of Woy line N7S'2;fj'08"W, 589,53 ftet; thence N6Er:ZS'413'W. 50.69 leet to 0 poii'll on the ore: of 0 nOtl-t00gent curve CQn<:<l\le soull'lefl~ h<lvirKJ <I radius of ::U49 00 h;;et 0 centrol 0"9'. of ()7'07'OO"ond 0 chord ol 266.75 feel tho! b$o.rs thli'"ce wl!sh:riy along theorc of $O,e CUfWl. 2&6.9.3 f..t; thenee "441'40' 15"W. 757 feci to o poi"' 0" the ore of Q non-tol"tg<l1lnt curve concave sollthet1y tIoving 0 rodius of 2,!5U,)O le<<t. Q centroJ O1'lgle of 07'16'H~ ood (l ch4;>rd of 2iJ.4~ feet thot boeors S79"25'40"E; thence $051<<,rl)l 010n9 the arc of :l:oid Cufve, 273J;;~ le"t; tMl'lce 56tl"25'46"E, 50,70 feet to 0 pqJnt being 55,00 feel nQrlherly of ond jXlf<lilei ..;th OfOfeS(lid Northerly Right (Of Way I,ne; th~ce olOtl'il sold parallel line 575'28'08"1:. 89302 feet to the; ?OINT or BEGINNING, ConNinirt<;l 6.06! squore (eel <:if (},1 <I, oereS, more or less, ~~m; """""" .... ""...4 Id1 w. !I~ 'Mol tM SW 1/( of _ MW 1/4 oi ,-,,,,,ti<m2ll. l...."'~ 22 ~. Iid_ 28 f'k!4iU9< .~ M::85"-.?"'~t'E {Alrlti~d) (, '1'M i>f:>ori.1j$ (""\, Or~ '" In. oil".. _&b.d ptepc.<<,. is ,,,..e .nd (o,re<t to ,1\, ...t ",( my -"1e<l9" _d l1't#t it rn~. ttw \01,""""", 1........""1 $"'~<l....<l. lo, l""d Sln'YlI'I9 Iii. . S.ol~" '" Cf""fl~my 45111073 cv DE8CR1PT10N FOR ... lOO' PrOfe$SlOl1n\ E:tl!itll\cering Consultbtlt,s CiM cf lGt }-6 ('t6nc~ Cc-ci~ t'e:quk~"!i "tfitrt 11 Hf901 a4u~cf~ dr$w-#~ w{){ th+;' nototton ttl<.lt T'HtS 1$ NOT A SUR'VE'(. EXHIBIT "f'"' Pllge J Qf' 3 SHEEr 1 O. SEE SH[[i Z rOR 110. .JI.r. 006.3217642 SKETCH OF DESCRIPTiON .e::f'C~~ 7'20 w ::> z w >~ <(~ u.. 00 O!i: O~ ;t. ~~ 00 :50) CD {A) R=2154.00 L-273.65' l>. =0716'44" CB=S79'25'4(}E CHORD=273.46' N E 1/<1, N E 1/4 SECTION 29 .J'J~IiIOL~~ _Dill. ....22-. OOOG -0# ." (8) R=2149.OQ L-266.93' {). =0707'Off' CB-N79'21'21'W CHORD=266.7S' ~. ~ 10c ~'i ~i a:j I ~l 1:" un 6 ~I '"'[\ '{ i'L ! ----"'- f -^......_'___~ . hi-OPT j ._--~~t~{y . ~~~1~ N 41'40'lo,Yi! --~Ar 7.57' OLD------' WINr~R ---------- RICHT OF"GARD~N. WAY VA/;'/fS lj.,'A"" ('i,.:'~l'; D~4C'i;-:<.<r WESTOVER fARMS PLAT -!:lOOl{ O. PAGE 120 BLOCK 8 I.IJT <I TEMPORARY CONSTRUCTIOt-l EASEMENT UlT , (A) (B) ~ EXHIBIT "'F' j>lI~e 3 of 3 J -100' GF.A~_l~~~~~~: SCALE ~:,"'-'> 10D 200 ... l> .., w Ei i ~ l.llT II ~ 5 66"25'46"' E l.llT , S 7$'50.70' <8'Oa- , ~ ROAD :x>trnlllAS1'ERl\ SUIlViYI/lG '" IW'f'I1lC ~OIlP. 324 liotU\ <lrlan.t" ...._ !(altland, I'lorid.a 327:11-47ot iiQ11114?-ee~ !u(t0'7)647-16117 err\.. lio. UJ-21oe ern. 1Ltotofta.iYUth ...\c.m'-l.irveyinj,.ccm c (l()S.321764.2 OF P~CEl no '" ~ '" ~ \iI S E 1/4. N E 1/4 SECTION 29 0($1 ~ __ Oi$'llb('f fIli\llCI\t. D NIl. 2I-22-~1 iIUT -.: "lfOIU: lII$Il!Cl _ III NIl. 2...2t-Jt-<<I2.....-1JO U)T J U)T 2 WESTOVER fAfUtS RAT 8001< O. PAGE 120 BlOCk e NT or eEGtNNlNG U)T1l U)T12 ~.,., . S 52'22'15" W .",W.-ORARY 6..33' I.L.I ::> ~..~ :;>.1 <I,&.. SS7UI" w 0 2..).4' ~ Z~ 0" -8 (J). S>S - o Ol.D W1NTcp RICJ.rr'" G OF WAt VCN IrS ROAD EXHIBIT '.f'" Page 2 of) ~J.. ~ 1" =100 GR!d'''liIC SeA\..( .." " ::-c' 100 .4 2C0