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VII(A-2) First Reading of Ordinance West Orange Professional Center Annexation/Initial Zoning
Agenda 10-07-2003 Ma or ,S,�e Center of Good Lf Vag Commissione stem VII A 2 a,b,c Y S. Scott Vandergrift '-,'!"Y Danny Howell, District 1 ' r,` Scott Anderson, District 2 City Manager r Rusty Johnson, District 3 Jim Gleason ,_- Nancy J. Parker, District 4 • STAFF REPORT Date: September 25, 2003 To: The Mayor&City Commissioners From: Terry L. James, AICP Principal Planner Through: Russ Wagner, AICP / Community Development Director Subject: Byblos Development/West Orange Professional Center Case#: AR-02-07-02 Annexation Ordinance#2003-40 Zoning Ordinance#2003-41 Annexation Agreement ISSUE: Should the Mayor& City Commission approve Ordinance#2003-40 annexing the referenced properties and approve Ordinance#2003-41 providing initial zoning of these properties? BACKGROUND: Applicant: Byblos Development Property Size: 5.494 acres (total for the 3 parcels) General Location: Directly north of the Health Central Hospital on the north side of Colonial Drive/State Road 50 approximately 1,750 feet west of the intersection of Clark Road and Colonial Drive. These properties are located in an enclave. Actual land use, proposed land use,and unique features on the subiect parcels: The medical center located on the northern parcel (Phase 1)was constructed in 1999 consists of 27,968 square feet and the other center on the western parcel (Phase 2)was constructed in 2001 consists of 22,512 square feet. The eastern parcel (Phase 3) is vacant and will also be likely developed as a third medical facility. There are no unique features such as "Floodplains/ Conservation" land uses or historical/archeological sites on these parcels. City of Ocoee • 150 N Lakeshore Drive • Ocoee, Florida 34761 phone: (407) 905-3100 •fax: (407) 656-8504 •www.ci.ocoee.fl.us September 25,2003 The Honorable Mayor and City Commissioners Page 2 of 5 Current and proposed future land use on the subject parcels and current future land use on the surrounding parcels: SUBJECT PARCEL(S) CURRENT PROPOSED Jurisdiction Orange County City of Ocoee Future Land Use Map Commercial Commercial Classification SURROUNDING PARCEL(S) JURISDICTION FUTURE LAND USE CLASSIFICATION North Ocoee Commercial East Orange County Commercial South Ocoee Commercial West Ocoee Commercial Current and proposed zoning classification on the subject parcels and current zoning classifications on the surrounding parcels: SUBJECT PARCEL(S) CURRENT - PROPOSED Jurisdiction Orange County City of Ocoee Zoning Classification Commercial Community Commercial(C-2) SURROUNDING JURISDICTION ZONING CLASSIFICATION PARCEL(S) North Ocoee Planned Unit Development East Orange County Citrus Rural South Ocoee Community Commercial(C-2) West Ocoee Community Commercial(C-2) Consistency with State&Local Regulations: • Annexation: Chapter 171.044 of the Florida Statutes grants municipalities the authority to annex contiguous, compact, non-circuitous territory so long as it does not create an enclave. The requested annexation satisfies the above criteria; in fact, this annexation further reduces the Orange County enclave. • Joint Planning Area Agreement: The proposed annexation is also consistent Ocoee- Orange County Joint Planning Area Agreement (JPAA)that states in Part D of Section 6, "The parties (Ocoee and Orange County) hereto acknowledge and agree that lands located within the Joint Planning Area, including any Enclaves located therein are logical candidates for annexation by the City ...." As required under the JPAA, Orange County has been notified of this proposed annexation and we have received no comments as of the writing of this report. Page 2 of 5 September 25,2003 The Honorable Mayor and City Commissioners Page 3 of 5 • Comprehensive Plan: The proposed annexation is consistent with Policy 2.5 of the Future Land Use Element of the City's Comprehensive Plan since it is a logical extension of the existing City Limit. In summary, the requested annexation is consistent with State annexation criteria, the JPAA, and the standards established by the City in Policy 2.5 of the Future Land Use Element contained in the City's Comprehensive Plan. DISCUSSION: ANNEXATION 2002 Assessed Valuation of the subiect property: $836,000 "Annexation Feasibility & Public Facilities Analysis": Based upon the projected impacts of the proposed commercial use. There are no adverse impacts related to the provision of urban services; however, should the property owners choose to develop the property in the future, they may be required to make certain improvements. "Annexation & Initial Zoning Hold Harmless Agreement": The Applicant has been signed as required before the formal annexation. The Legislature recognizes that enclaves can create significant problems in planning, growth management, and service delivery, and therefore it has declared that it is the policy of the state to eliminate enclaves. Furthermore, the requested annexation can be provided with the full range of urban services as indicated in the "Annexation Feasibility Analysis", above, and fulfills the requirements of the Joint Planning Area Land Use Map and Comprehensive Plan's Land Use Policy 2.5. Staff considers this annexation both feasible and advisable and recommends annexation of these three properties; however, this annexation should be subject to the execution of an annexation agreement. Annexation Agreement: This annexation agreement insures the properties in Phases 1 & 2 (developed under Orange County standards) and the newer property on Phase 3 (that will be developed under Ocoee standards)are compatible with each other and also insure the entire West Orange Professional Center is compatible with the proposed development plans in the surrounding area. More specifically, the annexation agreement addresses the existing development in Phases 1 and 2 and issues related to additional improvements that will be made in Phases 1 and 2. The agreement also addresses the future development of Phase 3, as well as current and future access to all three parcels. The agreement also includes a monetary contribution from the Developer to be paid in lieu of road, police and fire impact fees for the existing development in Phases 1 and 2. The City Commission will be taking action on the Annexation Agreement at the second reading and public hearing on the annexation ordinance. The City Commission will also take action on a few waivers related to the site plan for the Phase 3 development at that time. Page3of5 September 25,2003 The Honorable Mayor and City Commissioners Page 4 of 5 DISCUSSION: INITIAL ZONING The requested initial zoning is consistent with the future land uses on Future Land Use Map and the Joint Planning Area Land Use Map. The requested initial zoning of Community Commercial (C-2) compatible with the surrounding parcels as indicated in the above analysis; therefore, the Staff recommends the initial zoning classification of Community Commercial. STAFF RECOMMENDATION: Staff recommends the annexation and initial zoning of Community Commercial (C-2) for these properties based on the above analysis; however, the annexation should be subject to the execution of an Annexation Agreement. DEVELOPMENT REVIEW COMMITTEE RECOMMENDATION: On July 14, 2003, the Development Review Committee (DRC) met with the applicant's representatives concerning the annexation and discussed outstanding issues related to the Annexation Agreement and associated site plan considerations. The DRC recommended the annexation of the West Orange Professional Center(Phases 1, 2 & 3)subject to the annexation agreement and the site plan revisions as follows: • Phases 1 and 2, the site plan revisions specified in the meeting; and • Phase 3, the site plan revision and waivers specified in the meeting. PLANNING &ZONING COMMISSION RECOMMENDATION: At their September 9, 2003 meeting, the Planning & Zoning Commission reviewed the application for Annexation and Initial Zoning by Byblos Development for the West Orange Professional Center. During the public hearing, the applicant's representative spoke on behalf of the proposed project and the associated annexation agreement. Two citizens also spoke concerning questions about the proposed access to the property and the alignment of the Health Central Hospital eastern entrance roadway to the proposed future roadway at the eastern boundary of the subject properties. After these questions were resolved, the Planning & Zoning Commission recommended to the City Commission approval of the West Orange Professional Center annexation and initial zoning according to the DRC recommendation. STAFF RECOMMENDATION: Based on the recommendation of the Development Review Committee and the Planning and Zoning Commission, Staff recommends: Page 4 of 5 September 25,2003 The Honorable Mayor and City Commissioners Page 5 of 5 • The adoption of Ordinance # 2003-40 annexing the subject properties into the City of Ocoee subject to the execution of an Annexation Agreement; and • The adoption of Ordinance # 2003-41 zoning the subject properties C-2/Community Commercial. Attachments: Location Map Annexation Feasibility& Public Facilities Analysis Annexation Ordinance#2003-40 Initial Zoning/Rezoning Ordinance#2003-41 Annexation Agreement (Draft) O:\Staff Reports\2003\SR03088 CC.doc Page5of5 West Orange Professional Center Location Map „, .,,117 4 `�J - - '::c,a-a, , H C I k `` :... VWHITE �� i . rt -1 - vi _ : 1�1L'igl� y� TI.1ERS1S► • Z. _ --- VII : i�_ = rAum rri -a V Q� .. zap --� _�ag� • ,� m � � � ~ H � H ► ► ► , a 2 . � Frn'■ c' m . 'D ,�tiM 'amnia o 5 �i n C ri - �% © H," RRY Ilik ti =1'i umm . . .. i 1 GING '4'P II _4..!.,,min.p, 1, ' 1 i , v4:77 ' 41641" , MAINE ( ,, .x: k SEQALI k'k g gig# ` 1 7.1Ati ,..* t . r.,.= 6A z l gti /� PROVO °: F '' COLONIAL SR 50 , L. _____, � t I 1 o O 0 OIli O v Health Central GROVE ‹. ` 1 1 NN\\I ��;; D xo o 0,), Feasability Study Page 1 of 3 CASE NUMBER: AR-02-07-02 APPLICANT NAME: Byblos Development PROJECT NAME: West Orange Professional Center This form is used to evaluate annexation requests to determine the feasibility of providing urban sf to individual properties. Each department has filled in the appropriate section and the findin summarized below. I. Planning Department Terry James, Al( A. Applicant/Owner 1. Owner(if different from above Same Applicant): B. Property Location 1. General Location: SR 50 between Clarke Road & Blackwood Avenue 2. Parcel Identification Number: 20-22-28-0000-00-043, 20-22-28-0000-00-051 &21 22-28-9170-00-010, 20-22-28-9170-020, 20-22-28- 9170-030, 20-22-28-9170-040, 20-22-28-9170-050 20-22-28-9170-060, and 20-22-28-9170-070 3. Street Address: 10131 West Colonial Drive 4. Size of Parcel: 4.5494 total acres C. Use Characteristics 1. Existing Use: Two of the three parcels are developed with medic, facilities; the remaining parcel is vacant 2. Proposed Use: Medical facility on the vacant parcel 3. Density/Intensity: 30% max. building coverage 4. Projected Population: n/a D. Zoning and Land Use 1. Orange County Future Land Use: Commercial 2. Orange County Zoning: Commercial 3. Existing Ocoee Future Land Use: n/a-parcel to be annexed. 4. Proposed Ocoee Zoning: Community Commercial (C-2) E. Consistency 1. Joint Planning Area Yes 2. Comprehensive Plan: Yes Chief Ron Strosnic FIRE DEPARTMENT 1. Estimated Response Time: 3-5 minutes 2. Distance to Property: 2.3 miles from Fire Station 1/Bludford Avenue 3. Fire Flow Requirements: 1150-1500 gallons per minute file://C:\City Commission\October 7, 2003\West Orange Professional ...\Feasability_Study.ht 9/30/2003 Feasability Study Page2 of3 . POLICE DEPARTMENT Chief Steve God' 1. Police Patrol Zone/Grid /Area: --- 2. Estimated Response Time: Estimated 5 minutes 3. Distance to Property: 3.5 miles 4. Average Travel Time --- f. ECONOMIC VALUE Terry James, AK 1. Property Appraiser Taxable Value: $4,436,747 (all three parcels) 2. Property Appraiser Just Value $4,436,747 3. Estimated City Ad Valorem Taxes: Unknown at this time. 4. Anticipated Licenses & Permits: To be determined at site plan approval 5. Potential Impact Fees: To be determined at site plan approval 6. Total Project Revenues: Unknown at this time. . BUILDING DEPARTMENT Terry James, AIC 1. Within the 100-year Flood Plain: No, not according to the Ocoee Future Land U Map that delineates "conservation/floodplains" lai uses. I. UTILITIES Richard Lee, .E. A. Potable Water 1. In Ocoee Service Area: Yes 2. City Capable of Serving Area: Yes 3. Extension Needed: None, except connection. 4. Location and Size of North side of SR 50; 12-inch water line. Nearest Water Main: B. Sanitary Sewer 1. In Ocoee Service Area: Yes 2. City Capable of Serving Area: Yes 3. Extension Needed: None, except connection. 4. Location and Size of North side of SR 50; 12-inch force main. Nearest Force Main: 5. Annexation Agreement Needed: Yes C. Other 1. Utility Easement Needed: Yes 2. Private Lift Station Needed: Yes 3. Well Protection Area Needed: Unknown, to be determined during the site plan approval. I. TRANSPORTATION Terry James, AK 1. Paved Access: Yes 2. ROW Dedication: Yes, see proposed annexation agreement. 3. Traffic Study: No, see annexation agreement. 4. Traffic Zone: 616 file://C:\City Commission\October 7, 2003\West Orange Professional ...\Feasability_Study.ht 9/30/2003 Feasability Study Page s or s II. PRELIMINARY CONCURRENCY EVALUATION Terry James, Al( See annexation agreement A. Transportation: Not applicable; the application is for non-residential use. B. Parks/Recreation: See annexation agreement C. Water/Sewer: See annexation agreement D. Stormwater: See annexation agreement E. Solid Waste: See annexation agreement F. Impact Fees: SITE SPECIFIC ISSUES All Departments The medical facilities on parcels#20-22-28-0000-00-051 &20-22-28-9170-00-010 were developed under Orange County regulations. The remaining parcel # 20-22-28-0000-00-043 will be developed as a medical facility under City of Ocoee land development regulations. These three parcels are within an enclave. CONSISTENCY WITH STATE REGULATIONS: Terry James, AICP file://C:\City Commission\October 7, 2003\West Orange Professional ...\Feasability_Study.ht 9/30/2003 ORDINANCE NO.2003-40 Tax Parcel Identification Number(s): 20-22-28-0000-00-043;20-22-28-0000-00-051; 20-22-28-9170-00-010;20-22-28-9170-00-020; 20-22-28-9170-00-030;20-22-28-9170-00-040; 20-22-28-9170-00-050;20-22-28-9170-00-060; 20-22-28-9170-00-070. CASE NO. AR-02-07-02: West Orange Professional Center Annexation AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ANNEXING INTO THE CORPORATE LIMITS OF THE CITY OF OCOEE, FLORIDA, CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 4.494 ACRES LOCATED NORTH OF COLONIAL DRIVE/STATE ROAD 50 APPROXIMATELY 1,750 FEET WEST OF THE INTERSECTION OF CLARKE ROAD AND COLONIAL DRIVE PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNER; FINDING SAID ANNEXATION TO BE CONSISTENT WITH THE OCOEE COMPREHENSIVE PLAN, THE OCOEE CITY CODE, AND THE JOINT PLANNING AGREEMENT; PROVIDING FOR AND AUTHORIZING THE UPDATING OF OFFICIAL CITY MAPS; REPEALING CONFLICTING ORDINANCES; PROVIDING DIRECTION TO THE CITY CLERK; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Section 171.044, Florida Statutes, the owner or owners of certain real property located in unincorporated Orange County, Florida, as hereinafter described, have petitioned the City Commission of the City of Ocoee, Florida (the "Ocoee City Commission") to annex approximately 4.494 acres of property as more particularly described in Exhibit"A"hereto, into the corporate limits of the City of Ocoee, Florida; and WHEREAS, the Ocoee City Commission has determined that said petition bears the signatures of all owners of the real property proposed to be annexed into the corporate limits of the City of Ocoee,Florida; and WHEREAS, notice of the proposed annexation has been published pursuant to the requirements of Section 171.044(2), Florida Statutes, and Section 5-9(E) of Article V of Chapter 180 of the Code of Ordinances of the City of Ocoee(the "Ocoee City Code"); and WHEREAS, on February 11, 1994, Orange County and the City of Ocoee entered into a Joint Planning Area Agreement as subsequently amended (the "JPA Agreement") which affects the annexation of the real property hereinafter described; and WHEREAS,the Planning and Zoning Commission of the City of Ocoee, Florida, has reviewed the proposed annexation and found it to be consistent with the Ocoee Comprehensive Plan, comply with all applicable requirements of the Ocoee City Code, to be 006.311025.1 consistent with the JPA Agreement, and to be in the best interest of the City of Ocoee and has recommended to the Ocoee City Commission that it approve said annexation petition; and WHEREAS, the Ocoee City Commission has the authority, pursuant to Section 171.044, Florida Statutes,to annex said real property into its corporate limits upon petition of the owners of said real property; and WHEREAS, the Ocoee City Commission is desirous of annexing and redefining the boundary lines of the City of Ocoee, Florida,to include said real property. NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE,FLORIDA,AS FOLLOWS: Section 1. Authority. The Ocoee City Commission has the authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida, Chapters 166 and 171,Florida Statutes, and Section 7 of Article 1 of the Charter of the City of Ocoee,Florida. Section 2. Petition. The Ocoee City Commission hereby finds that the petition to annex certain lands, as hereinafter described, into the corporate limits of the City of Ocoee, Florida, bears the signatures of all owners of the real property proposed to be annexed into the corporate limits of the City of Ocoee, Florida. Section 3. Annexation. The following described real property located in unincorporated Orange County, Florida is hereby annexed into the corporate limits of the City of Ocoee,Florida: SEE EXHIBIT "A" (METES AND BOUNDS LEGAL DESCRIPTION) ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. A map of said land herein described which clearly shows the annexed area is attached hereto as EXHIBIT "B" and by this reference is made a part hereof. Section 4. Consistency Finding. The Ocoee City Commission hereby finds that the annexation of said land herein described is consistent with the Ocoee Comprehensive Plan and the JPA Agreement and meets all of the requirements for annexation set forth in the Ocoee Comprehensive Plan,the JPA Agreement,and the Ocoee City Code. Section 5. Corporate Limits. The corporate territorial limits of the City of Ocoee, Florida, are hereby redefined to include said land herein described and annexed. Section 6. Official Maps. The City Clerk is hereby authorized and directed to update and supplement official City maps of the City of Ocoee, Florida, to include said land herein described and annexed. Section 7. Liability. The land herein described and future inhabitants of said land herein described shall be liable for all debts and obligations and be subject to all species of -2- 006.311025.1 taxation, laws, ordinances, and regulations of the City of Ocoee, Florida, and be entitled to the same privileges and benefits as other areas of the City of Ocoee, Florida. Section 8. Conflicting Ordinances. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 9. Severability. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion hereto. Section 10. Effective Date. This Ordinance shall take effect upon passage and adoption. Thereafter the City Clerk is hereby directed to file a certified copy of this Ordinance with the Clerk of the Circuit Court and the Chief Administrative Officer of Orange County, Florida and with the Florida Department of State within seven(7)days from the effective date. -3- 006.311025.1 PASSED AND ADOPTED this day of ,2003. APPROVED: ATTEST: CITY OF OCOEE,FLORIDA Jean Grafton, City Clerk S. Scott Vandergrift, Mayor (SEAL) FOR USE AND RELIANCE ONLY BY ADVERTISED AND THE CITY OF OCOEE,FLORIDA READ FIRST TIME ,2003. APPROVED AS TO FORM AND READ SECOND TIME AND ADOPTED LEGALITY THIS DAY OF ,UNDER ,2003 AGENDA ITEM NO. FOLEY& LARDNER By: City Attorney -4- 006.311025.1 EXHIBIT "A" Legal Description of Annexed Property PARCEL 1: A PORTION OF SECTION 20, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF SECTION 20, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA; THENCE N.00°33'29"W. ALONG THE EAST LINE OF SECTION 20, TOWNSHIP 22 SOUTH, RANGE 28 EAST, 67.88 FEET TO A POINT OF BEGINNING THENCE DEPARTING SAID EAST LINE RUN S.90°00'00"W. ALONG THE NORTH RIGHT OF WAY LINE OF STATE ROAD 50, A DISTANCE OF 145.01 FEET; THENCE DEPARTING SAID NORTH RIGHT OF WAY LINE RUN N.00°33'29"W. 288.01 FEET; THENCE N.90°00'00"E. 145.01 FEET; TO THE EAST LINE OF SAID SECTION 20, THENCE S.00°33'29"E. ALONG THE AFOREMENTIONED EAST LINE 288.01 FEET TO THE POINT OF BEGINNING. PARCEL 2: A PORTION OF SECTION 20, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF SECTION 20, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA; THENCE N.00°33'29"W., ALONG THE EAST LINE OF SECTION 20, TOWNSHIP 22 SOUTH, RANGE 28 EAST, 67.88 FEET;THENCE DEPARTING SAID EAST LINE, RUN S.90°00'00"W. ALONG THE NORTH RIGHT OF WAY LINE OF STATE ROAD 50, 165.01 FEET TO THE POINT OF BEGINNING; THENCE S.90°00'00"W, 166.87 FEET; THENCE DEPARTING SAID NORTH RIGHT OF WAY LINE RUN N.00°31'56"W. 288.01 FEET; THENCE N.90°00'00"E. 166.74 FEET; THENCE S.00°33'29"E. 288.01 FEET TO THE POINT OF BEGINNING. PARCEL 3: A PORTION OF SECTION 20, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF SECTION 20, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA; THENCE N.00°33'29"W. ALONG THE EAST LINE OF SECTION 20, TOWNSHIP 22 SOUTH,RANGE 28 EAST,67.88 FEET; THENCE DEPARTING SAID EAST LINE, RUN S.90°00'00"W. ALONG THE NORTH RIGHT OF WAY LINE OF STATE ROAD 50, 145.01 FEET TO THE POINT OF BEGINNING; THENCE S.90°00'00"W. 20.00 FEET; THENCE DEPARTING SAID NORTH RIGHT OF WAY LINE,RUN N.00°33'29"W. 288.01 FEET; THENCE N.90°00'00"W. 166.74 FEET; THENCE N.00°31'56"W. 309.96 FEET; THENCE 5.89°48'24"E. 331.62 FEET TO THE EAST LINE OF SAID SECTION 20; THENCE S.00°33'29"E. ALONG THE AFOREMENTIONED EAST LINE, 308.84 FEET; THENCE DEPARTING SAID EAST LINE RUN N.90°00'00"W. 145.01 FEET; THENCE S.00°33'29"E. 288.01 FEET TO THE POINT OF BEGINNING. -5- 006.311025.1 EXHIBIT "B" West Orange Professional Center Location Map r- M , 44.______-1 ,-- _, „ t 1s . i J .-i c*'�. *-4 4'.t F _ as„r.. � �.. .., u ,... 4. ' * . *. R #ai II iliminum ;E. _. ...._,T.,!.,,:..7-•:, uri i i [_ • ' IIII 11.1,E ------ - ,,: :;:, ar ., y.``... . ..^..... 1l r WM 1 ,/ : WI ' . 1 ! I it•- _ € \ € \' .s.[ . ..4.Z M'0..i'" F ---,,_ . S f ---"Ile PROVO MONK SR IR ''' � 0 1 ! FTS7,1:', r'a, a a :� r ' 1 r . , - . , . '� i — ., ',:,_.,.,..--l'-- -,-.---,J iii;...,---,e 4.,\ . _„,„ . ..,, .. -�..a €Ems' .,-y. 4:311.„._., Ic -6- ' 006.311025.1 ORDINANCE NO. 2003-41 Tax Parcel Identification Number(s): 20-22-28-0000-00-043; 20-22-28-0000-00-051; 20-22-28-9170-00-010; 20-22-28-9170-00-020; 20-22-28-9170-00-030; 20-22-28-9170-00-040; 20-22-28-9170-00-050; 20-22-28-9170-00-060; 20-22-28-9170-00-070. CASE NO.AX-03-04-07: West Orange Professional Center Zoning AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING CLASSIFICATION FROM ORANGE COUNTY C-1, "RETAIL COMMERCIAL DISTRICT" TO "SINGLE FAMILY DWELLING" TO OCOEE C-2 "COMMUNITY COMMERCIAL DISTRICT" FOR CERTAIN PROPERTY CONTAINING APPROXIMATELY 5.494 ACRES LOCATED NORTH OF COLONIAL DRIVE/STATE ROAD 50 APPROXIMATELY 1,750 FEET WEST OF THE INTERSECTION OF CLARKE ROAD AND COLONIAL DRIVE PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNER; FINDING SUCH ZONING TO BE CONSISTENT WITH THE OCOEE COMPREHENSIVE PLAN; PROVIDING FOR AND AUTHORIZING THE REVISION OF THE OFFICIAL CITY ZONING MAP; REPEALING CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the owner or owners (the "Applicant") of certain real property annexed into the corporate limits of the City of Ocoee, Florida pursuant to Ordinance No. 2003 - [West Orange Professional Center Annexation Ordinance] have submitted an application to the City Commission of the City of Ocoee, Florida (the "Ocoee City Commission") to rezone approximately 5.494 acres of property, as more particularly described in Exhibit "A", from Orange County C-1, "Retail Commercial District", to Ocoee C-2 "Community Commercial District."; and WHEREAS,pursuant to Section 5-9(B)of Chapter 180 of the Code of Ordinances of the City of Ocoee, Florida (the "Ocoee City Code"), the Director of Planning has reviewed said Rezoning application and determined that the Rezoning required by the Applicant is consistent with the 1991 City of Ocoee Comprehensive Plan as set forth in Ordinance #91-28, adopted September 18, 1991, as amended (the"Ocoee Comprehensive Plan"); and WHEREAS, the Director of Community Development has determined that the Rezoning Application is consistent with the Joint Planning Area Agreement entered into February 11, 1994 by and between Orange County and the City of Ocoee,as amended(the"JPA Agreement");and WHEREAS,the JPA Agreement affects the future land use of the real property hereinafter described;and 006.311027.1 WHEREAS,pursuant to the provisions of Section 6(B)of the JPA Agreement,the City has the authority to establish zoning for the real property hereinafter described and to immediately exercise municipal jurisdiction over said real property for the purposes of Part II of Chapter 163, Florida Statutes;and WHEREAS, on the Planning and Zoning Commission held a public hearing and reviewed said Rezoning application for consistency with the Ocoee Comprehensive Plan and determined that the Rezoning requested by the Applicant is consistent with the Ocoee Comprehensive Plan and is in the best interest of the City and recommended to the Ocoee City Commission that the zoning classification of said real property be Rezoned as requested by the Applicant, and that the Ocoee City Commission find that the Rezoning requested by the Applicant is consistent with the Ocoee Comprehensive Plan; and WHEREAS, the Ocoee City Commission held a de novo advertised public hearing with respect to the proposed rezoning of said real property; and WHEREAS, this Ordinance has been considered by the Ocoee City Commission in accordance with the procedures set forth in Section 166.041, Florida Statutes. NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE,FLORIDA,AS FOLLOWS: SECTION 1. AUTHORITY. The Ocoee City Commission has the authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida and Chapter 166, Florida Statutes. SECTION 2. REZONING. The zoning classification, as defined in the Ocoee City Code, for the Property described on EXHIBIT "A" containing approximately 5.494 acres within the corporate limits of the City of Ocoee, Florida is hereby changed from Orange County C-1 "Retail Commercial District", to Ocoee C-2 "Community Commercial District." A map of said land herein described which clearly shows the area of rezoning is attached hereto and EXHIBIT "B" and by this reference is made a part hereof. SECTION 3. COMPREHENSIVE PLAN. The City Commission hereby finds the Rezoning of the lands described in this Ordinance to be consistent with the Ocoee Comprehensive Plan. SECTION 4. OFFICIAL ZONING MAP. The City Clerk is hereby authorized and directed to revise the Official Zoning Map of the City of Ocoee in order to incorporate the rezoning enacted by this Ordinance and the Mayor and the City Clerk are hereby authorized to execute said revised Official Zoning Map in accordance with the provisions of Section 5-1(G) of Article V of Chapter 180 of the Ocoee City Code. SECTION 5. CONFLICTING ORDINANCES. All ordinances or parts of ordinances in conflict herewith are hereby repeated. SECTION 6. SEVERABILITY. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of 006.311027.1 2 competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion hereto. SECTION 7. EFFECTIVE DATE. This Ordinance shall take effect immediately upon passage and adoption. 006.311027.1 3 PASSED AND ADOPTED this day of ,2003. ATTEST: APPROVED: CITY OF OCOEE,FLORIDA Jean Grafton, City Clerk S. Scott Vandergrift, Mayor (SEAL) ADVERTISED ,2003 READ FIRST TIME ,2003. READ SECOND TIME AND ADOPTED ,2003. Under Agenda Item No. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE,FLORIDA.APPROVED AS TO FORM AND LEGALITY This day of ,2003. FOLEY & LARDNER By: City Attorney 006.311027.1 4 EXHIBIT "A" PARCEL 1: A PORTION OF SECTION 20, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF SECTION 20, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA; THENCE N.00°33'29"W. ALONG THE EAST LINE OF SECTION 20, TOWNSHIP 22 SOUTH, RANGE 28 EAST, 67.88 FEET TO A POINT OF BEGINNING THENCE DEPARTING SAID EAST LINE RUN S.90°00'00"W. ALONG THE NORTH RIGHT OF WAY LINE OF STATE ROAD 50, A DISTANCE OF 145.01 FEET; THENCE DEPARTING SAID NORTH RIGHT OF WAY LINE RUN N.00°33'29"W. 288.01 FEET; THENCE N.90°00'00"E. 145.01 FEET; TO THE EAST LINE OF SAID SECTION 20, THENCE S.00°33'29"E. ALONG THE AFOREMENTIONED EAST LINE 288.01 FEET TO THE POINT OF BEGINNING. PARCEL 2: A PORTION OF SECTION 20, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF SECTION 20, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA; THENCE N.00°33'29"W., ALONG THE EAST LINE OF SECTION 20,TOWNSHIP 22 SOUTH,RANGE 28 EAST, 67.88 FEET; THENCE DEPARTING SAID EAST LINE, RUN 5.90°00'00"W. ALONG THE NORTH RIGHT OF WAY LINE OF STATE ROAD 50, 165.01 FEET TO THE POINT OF BEGINNING; THENCE S.90°00'00"W, 166.87 FEET; THENCE DEPARTING SAID NORTH RIGHT OF WAY LINE RUN N.00°31'56"W. 288.01 FEET; THENCE N.90°00'00"E. 166.74 FEET; THENCE S.00°33'29"E. 288.01 FEET TO THE POINT OF BEGINNING. PARCEL 3: A PORTION OF SECTION 20, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF SECTION 20, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA; THENCE N.00°33'29"W. ALONG THE EAST LINE OF SECTION 20, TOWNSHIP 22 SOUTH,RANGE 28 EAST, 67.88 FEET; THENCE DEPARTING SAID EAST LINE, RUN S.90°00'00"W. ALONG THE NORTH RIGHT OF WAY LINE OF STATE ROAD 50, 145.01 FEET TO THE POINT OF BEGINNING; THENCE S.90°00'00"W. 20.00 FEET; THENCE DEPARTING SAID NORTH RIGHT OF WAY LINE,RUN N.00°33'29"W. 288.01 FEET; THENCE N.90°00'00"W. 166.74 FEET; THENCE N.00°31'56"W. 309.96 FEET; THENCE S.89°48'24"E. 331.62 FEET TO THE EAST LINE OF SAID SECTION 20; THENCE S.00°33'29"E. ALONG THE AFOREMENTIONED EAST LINE, 308.84 FEET; THENCE DEPARTING SAID EAST LINE RUN N.90°00'00"W. 145.01 FEET; THENCE S.00°33'29"E. 288.01 FEET TO THE POINT OF BEGINNING. 006.311027.1 5 EXHIBIT"B" West Orange Professional Center Location Map _ • ' fi--- -9,.T[E -L, 0 :614 ,,,,,,, ,,•,..,..„,, „as .‘ ,,i ,t, - ,,.....„ 1 , 'i, -1, - ..... .,, ,..,, ,... "----qe.---lis ' --ft IT:11 . . , •—..- -r, , .a • i,...41,,i- ..4 ..-.. .. ::,„„il...1,--% -..1 El *•' ". •4,..: ',' k-. •-4;!--1., ,, .L Q - • ilar ""1. a„:... - - f: I..- - . -4.'- •"-- -• ... ,--!---, ;.....i...... r an. -, F.- , ., ,..i. --,:7-111, r •• , 4 -01-.' it:. sr fa II i , - . • • -., t- - , _ , - - --, ...,,, , .--•4 ir,idt: .„ ; , ,.f.:. -,..t ......ig,...' . . I ) r . -: 7 . • 4 '**; •..4 mi '* , ... •allt . . 1 ' ' i.' ... ' E "••• /- ,, A_,,„, j._ II r- i,.. ' ' .., • ,.J r..-. • Imi IIII- 1 t,us Tr: — --, , 3 ./q -1-LL 11 • Cr 71 4,..,_,-"......., 41 .. NW •*" ,----- -•-*•...„,..., ,:....,, • wife . ,• .., — „..,,,,„. , rug. _ .1 ---- 1—----•, , , i r----1 1 , • 1 ---2'-- L ' ,...,,, 1 I „ I '1 1 1 , •„.,-„,, • 1 ,„ ,• , , ,.. ,„... , .. t-t,*-E if,wAii" r te, mavol , . . .... i :,..,•... , 4,-,•:,1 -- . li I. H t , 1 „e • .. ' .11OUNISIL OR al 1 T- — I ! 0 0 0 , , . ,. . _1 , • , •).\• .1 • i • 1 Noah 1 ' \ ' Cent* ;, i N ''.•••I c7.:,-- , • '1 i—t—'-r..- r.7.7.....„,..,„.... ,.... . elf; I • i ..._ , f., 1 I "t",r.....r...: ti 1.k,•I ii i 7.....sea.I: ili0;11 11 r..."'..';,,,:1:0 I...t, I.;,..1,:::,,....;i...,,'':i.i..Al..,..4:z al... 7....., ‘ { 1 . 1 II ,••.0-.,, • 6 006.311027.1 THIS INSTRUMENT PREPARED BY AND SHOULD BE RETURNED TO: Paul E.Rosenthal,Esq. FOLEY&LARDNER 111 North Orange Avenue,Suite 1800 Post Office Box 2193 Orlando,FL 32802-2193 (407)423-7656 AFTER RECORDING RETURN TO: Jean Grafton,City Clerk CITY OF OCOEE 150 North Lakeshore Drive Ocoee,Florida 34761 Tax Parcel Identification Number(s): 20-22-28-0000-00-043;20-22-28-0000-00-051 20-22-28-9170-00-010;20-22-28-9170-00-020 20-22-28-9170-00-030;20-22-28-9170-00-040 20-22-28-9170-00-050;20-22-28-9170-00-060 20-22-28-9170-00-070 For Recording Purposes Only ANNEXATION AGREEMENT (West Orange Professional Center) THIS ANNEXATION AGREEMENT (the "Agreement") is made and entered into this day of , 2003, by and between the CITY OF OCOEE, a Florida municipal corporation, whose mailing address is 150 North Lakeshore Drive, Ocoee, Florida 34761 (the "City") and BYBLOS DEVELOPMENT, INC., a Florida corporation, whose mailing address is 7594 West Sand Lake Road, Orlando, Florida 32819 ("Developer"), and DAVID W. BOERS, whose mailing address is 10545 Down Lakeview Circle, Windermere, Florida 34786 ("Boers"), and WEST ORLANDO PEDIATRICS, P.A., whose mailing address is 10125 West Colonial Drive, Suite 102, Ocoee, Florida 34761 ("West Orlando Pediatrics") (Developer, Boers and West Orlando Pediatrics collectively referred to as the "Owner"). WITNESSETH: WHEREAS, Developer owns certain real property located in unincorporated Orange County, Florida located at 10131 West Colonial Drive, Ocoee, Florida, Tax Parcel Identification Numbers 20-22-28-0000-00-043, 20-22-28-0000-00-051, 20-22-28-9170-00-020, 20-22-28- 9170-00-030, 20-22-28-9170-00-050, 20-22-28-9170-00-060, 20-22-28-9170-00-070 ("Developer's Parcels"); and WHEREAS, Boers owns certain real property located in unincorporated Orange County, Florida located at 10131 West Colonial Drive, Ocoee, Florida, Tax Parcel Identification Number 20-22-28-9170-00-010 ("Boers' Parcel"); and 006.265787.2 WHEREAS, West Orlando Pediatrics owns certain real property located in unincorporated Orange County, Florida located at 10131 West Colonial Drive, Ocoee, Florida, Tax Parcel Identification Number 20-22-28-9170-00-040 ("West Orlando Pediatric's Parcel"); and WHEREAS, Developer's Parcels, Boers' Parcel, and West Orlando Pediatric's Parcel are hereinafter collectively referred to as the "Property", which is more particularly described in Exhibit "A" attached hereto and by this reference made a part hereof; and WHEREAS,pursuant to Section 171.044, Florida Statutes, the Owner has petitioned the City Commission of the City (the "Ocoee City Commission") to voluntarily annex the Property into the corporate limits of the City(the "Petition"); and WHEREAS, the Planning and Zoning Commission has held a public hearing to review the Petition and at such hearing found the annexation of the Property to be consistent with the Ocoee Comprehensive Plan and Joint Planning Area Agreement between the City and Orange County (the "JPA Agreement"), and has recommended that the Ocoee City Commission annex the Property into the corporate limits of the City; and WHEREAS, the City has required that the Owner execute this Agreement as a condition precedent to the consideration of the Petition by the Ocoee City Commission;and WHEREAS, the Ocoee City Commission has reviewed the proposed annexation and found the proposed annexation to be consistent with the Ocoee Comprehensive Plan and the JPA Agreement; and WHEREAS, the City has determined that the execution of this Agreement is essential to the public health, safety and welfare and the ability of the City to plan for proper traffic circulation in the vicinity of the Property in accordance with the Ocoee Comprehensive Plan; and WHEREAS, Developer has previously obtained from Orange County, Florida (the "County") approval of the following plans in accordance with the applicable requirements of the County: (1) , (the "Approved County Plans"); and WHEREAS, pursuant to the Approved County Plans, the Developer constructed a 27,968 sq. ft. Medical Center in 1999 and a 22,512 sq. ft. Medical Center in 2001 on a portion of the Property (the "Developed Land") with the remaining portion of the Property being unimproved ("Undeveloped Land"); and WHEREAS, the City has determined that, subject to the terms, conditions and limitations hereinafter set forth, it is feasible to extend municipal services to the Property on the same terms and conditions afforded to all property owners within the City except to the extent set forth in this Agreement;and WHEREAS, the City has conducted an Annexation Feasibility & Public Facilities Analysis with respect to the annexation of the Property and determined that this Agreement and 006.265787.2 -2- the annexation of the Property is consistent with the goals, objectives and policies of the Ocoee Comprehensive Plan; and WHEREAS, the City and Owner desire to address in this Agreement certain matters related to the terms and conditions related to the annexation and development of the Property. NOW, THEREFORE, in consideration of the premises and the mutual promises and agreements set forth herein and other good and valuable consideration the receipt of which is hereby acknowledged and intending to be legally bound hereby, the parties hereto do hereby agree as follows: Section 1. Recitals. The Recitals set forth above are true and correct and by this reference are incorporated herein as part of this Agreement. Section 2. Annexation. Prior to the execution of this Agreement by the City, the Ocoee City Commission has adopted Ordinance No. 2003— for Case No. thereby redefining the corporate territorial limits of the City to include the Property. Section 3. Development of the Developed Land. A. The Developer and City acknowledge that improvements have been constructed on the Developed Land in accordance with the Approved County Plans. The Approved County Plans are hereby incorporated herein by reference as if fully set forth herein. B. The Developer agrees that, as a condition to annexation into the City, Developer shall modify the Developed Lands and the improvements located thereon in accordance with this Agreement and that certain West Orange Retail Center Overall Site Plan Landscape Planting Plan dated as prepared by The Stern Design Group, P.A. (the "Modified Site Plan") incorporated by this reference herein, and which consists of three (3)pages which depict the site plan originally approved by Orange County but which incorporate the modifications to the Approved County Plans required by the City (the "City Required Plan Modifications"). In recognition that development of the Developed Land was completed in the County prior to annexation, the City hereby approves the Approved County Plans, as modified by the City Required Plan Modifications (the "Approved City Plans"). The City further agrees that so long as the Developed Land is modified in accordance with the Approved City Plans, that it shall be considered to be a legal conforming use and a legal conforming structure under the Ocoee City Code. In the event of any conflict(s)between the Approved City Plans and the Ocoee City Code, it is hereby expressly agreed that this Agreement shall constitute a waiver of such conflict(s) and the Approved City Plans shall control. All references to the Phase III portion of the Property and the proposed medical/office building thereon are shown for conceptual purposes only and the incorporation by reference into this Agreement shall not be deemed to be an approval of those conceptual plans or to authorize any development on the Phase III portion of the Property. C. Within days of the Effective Date of this Agreement, the Developer hereby agrees to modify the Developed Land in accordance with the Approved City Plans subject to the terms and conditions of this Agreement. 006.265787.2 -3- Section 4. Development of the Undeveloped Land. Developer hereby acknowledges that any development of the Undeveloped Land shall be subject to the Ocoee City Code. Section 5. Waivers from the Ocoee Land Development Code. Developer and Owner are hereby granted certain waivers from the requirements of the Ocoee Land Development Code respect to the Property, said waivers being set forth as follows: A. Maximum Impervious Surface. City and Developer hereby agree that (i) the total of all impervious surfaces on the Property shall not exceed 80%; and (ii) impervious surfaces on the Undeveloped Land shall not exceed 90%. B. Buffer. City and Developer hereby agree that the Undeveloped Land may be developed utilizing a fifteen (15) foot buffer setback along the south boundary line of the Undeveloped Property consistent with the existing buffer setback for the Developed Land. C. Automatic Fire Protection System. The existing buildings on the Developed Property shall not be required to have sprinkler systems installed. Section 6. Developer Monetary Contribution. As a material inducement to the City to enter into this Agreement, Developer hereby agrees that, Developer shall contribute to the City the sum of ONE HUNDRED SEVENTY-FIVE THOUSAND AND NO/100 DOLLARS ($175,000.00) (the "Developer Monetary Contribution"). The Developer Monetary Contribution constitutes a payment in lieu of road, police and fire impact fees for of the Developed Land which has been developed in the County. The Developer Monetary Contribution shall be paid into the following accounts of the City and shall be treated the same as impact fee payments made into such accounts: (a) Road Impact Fee Account: $ ; (b) Fire Impact Fee Account: $ ; and (c) Police Impact Fee Account: $ . The Developer Monetary Contribution shall be paid in full at the time of annexation of the Property. Neither the Developer nor any other person or entity shall be entitled to any impact fee credits or other compensation of any kind for, on account of, or with respect to the Developer Monetary Contribution, it being agreed that the Developer Monetary Contribution is being voluntarily contributed by Developer to the City in order to mitigate the transportation, fire and police impacts arising from or in any way relating to the Developed Land. Section 7. Right-of-Way Improvements. In the event that the City constructs a roadway along and adjacent to the Eastern boundary of the Property (the "Eastern Roadway"), the City agrees to construct an access point along the Eastern Roadway creating access to the Property. The location of the access point shall be at the City's discretion. If the City determines that it can construct the access point to match the existing driveway located on the Property without incurring any additional project costs,the City will construct the access point to match the existing driveway. Developer shall be responsible for all costs related to the improvements on the Property necessary for the tie in at such access point. Developer and Owner acknowledge that the City has no obligation to construct the Eastern Roadway and nothing contained in this Agreement shall be construed as obligating the City to construct such roadway. Section 8. Conveyance of Right-of-Way. Within thirty (30) days following receipt of written notice from the City requesting the same, the Developer shall dedicate and convey 006.265787.2 -4- certain additional right-of-way property located in the southeast corner of the Property, as shown on the Revised Site Plan (the "Corner Clip Right-of-Way") to the City by special warranty deed free and clear of all liens and encumbrances except for those matters acceptable to the City. The form of the special warranty deed shall be subject to the approval of the City. Developer shall, contemporaneously with such dedication and conveyance, 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 Corner Clip Right-of-Way 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 Corner Clip Right-of-Way, including the cost of title work, shall be borne solely by Developer. Real property taxes on the Corner Clip Right-of-Way shall be prorated as of the day before the City's acceptance of the conveyance of the same, and the prorated amount of such real property taxes attributable to Developer shall be paid and escrowed by Developer in accordance with the provisions of Section 196.295, Florida Statutes; provided, however, that if the conveyance occurs between November 1 and December 31, then Developer shall be responsible for real property taxes for the entire year. Neither Owner,their respective successors and assigns, 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 conveyance of the Corner Clip Right-of-Way. Section 9. Temporary Construction Easement. In the event the City or others construct or cause to be constructed the Eastern Roadway or construct any additional right-of- way improvements within State Road 50 (Colonial Drive), Owner shall, from time-to-time, within thirty (30) days upon request of the City, grant a temporary construction easement as necessary across a ten (10) foot-wide strip of land along the eastern and southern boundaries of the Property. 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 such easements. Neither Owner, their respective successors and assigns, 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 granting of such easement. Section 10. Stormwater Management. There is an existing retention pond (the "Retention Pond") located on the property serving the Developed Land. The Retention Pond is subject to the following Permits: (i) ; (ii) (collectively, the "Stormwater Permits"). Pursuant to the Stormwater Permits, the Retention Pond has sufficient capacity for the development of the Property and the Undeveloped. Notwithstanding any provision contained in the Ocoee City Code to the contrary the Undeveloped Land may be developed utilizing the Retention Pond subject to obtaining all necessary permits from the St. Johns River Water Management District. Section 11. Sewer and Water Systems. Owner hereby agrees to connect to the City's sewer and water systems within days of the effective date of this Agreement. Owner further agrees to comply with all City requirements for connection to the City's sewer and water systems, including but not limited to the payment of all charges applicable to consumers within the corporate limits of the City with respect to water and sewer service for the Property. 006.265787.2 -5- Section 12.Underground Utilities. The electrical lines serving the Property are currently overhead lines. In the event that development of the adjacent property ("Kent Property")to the west of the Property results in the owner of the Kent Property conveying to the City,or a utility provider designated by the City, a utility easement along the eastern boundary of the Kent Property, then Developer hereby agrees to have the overhead lines on the Property put underground and connected to the electrical lines located within the Kent Property utility easement. Developer agrees to pay its fair share of such underground feed within the Kent Property utility easement at the time of development of the Kent Property. Developer shall be responsible for all on-site costs associated with the connection of the utilities on the Property to the underground utility lines. Section 13. Signage. The existing signage on the Property does not comply with the Land Development Code. Owner agrees to bring all signage on the Property that are not subject to existing tenant leases into compliance with the Land Development Code. The City agrees to a temporary waiver for existing signage on the Property that are subject to tenant leases; provided, however,that Owner agrees that all such signage shall be brought into compliance with the Land Development Code at the time of termination,renewal or replacement of each such tenant lease. Section 14. Agreement Runs with the Land. The Owner and the City acknowledge and agree that this Agreement is irrevocable and, further, this Agreement and all other rights and obligations of the parties hereunder are intended to and shall run with the Property, and shall bind,and inure to the benefit of,the parties hereunder and their respective successors in title. Section 15. Representations by Owner. The Owner hereby warrants and represents to the City that the Owner currently owns fee title to the Property and has full power and authority to enter into this Agreement and that the Property is free and clear of all liens and encumbrances, except for the lien of the mortgage referenced in the Joinder, Consent and Subordination attached hereto. Section 16. Notices. Any notice required to be given hereunder shall be in writing and shall be delivered in person or by certified mail, postage paid, return receipt requested as follows. If such notice is to be given to the City, such shall be given at the address set forth above. If such notice is to be given to the Owner, such shall be given at the addresses set forth above. Any notice, direction or other communication delivered or mailed, as directed above shall be deemed to be delivered as of three (3) days after the date of mailing or, if delivered personally,when received. Developer: Boers: West Orlando 006.265787.2 -6- Pediatrics: CITY: City of Ocoee Attn: City Manager 150 North Lakeshore Drive Ocoee,Florida 34761 Section 17. Indemnification. A. The Owner hereby agrees to indemnify and save the City harmless from and against all losses, costs, expenses, claims, damages,judgments, liabilities and causes of action whatsoever (collectively, "Claims") including reasonable attorneys' fees and paralegal fees both at trial and at appellate levels, arising out of or alleged to have arisen out of this Agreement or been occasioned, in whole or in part, by the exercise of the City of its rights granted hereunder. The Owner shall use its best efforts to promptly notify the City in writing of any Claims and shall provide the City with information regarding the Claims as the City may reasonably request, but the failure to give such notice or provide such information shall not diminish the Owner's obligations under this Section. Section 18. Recording. The Owner acknowledges and agrees that the City shall record this Agreement in the Public Records of Orange County, Florida, and the Developer agrees to pay all costs associated therewith. Section 19.Further Documentation. The parties agree that at any time following a request therefor by the other party, each shall execute and deliver to the other party such further documents and instruments, in form and substance reasonably necessary to confirm and/or effectuate the obligations of either party hereunder. Section 20. Miscellaneous. A. ANY FUTURE OWNERS OF THE PROPERTY SHALL TAKE TITLE TO THE PROPERTY SUBJECT TO THIS AGREEMENT AND BY ACCEPTING A DEED OF CONVEYANCE TO THE PROPERTY, AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. B. For all purposes of this Agreement, the Effective Date hereof shall mean the date when the last of the City or the Owner has executed the same, and that date shall be inserted at the top of the first page hereof. C. This Agreement may not be modified or amended, or any term or provision hereof waived or discharged except in writing, in recordable form, signed by the parties hereto, or their respective successors and assigns. Any such modification or amendment shall not be effective until recorded in the Public Records of Orange County, Florida. 006.265787.2 -7- D. This Agreement shall be construed and enforced in accordance with, and governed by,the laws of the State of Florida. E. All of the terms of this Agreement, whether so expressed or not, shall be binding upon the respective successors, assigns and legal representatives of the parties hereto and shall inure to the benefit of and be enforceable by the parties hereto and their respective successors, assigns and legal representatives. F. The headings of this Agreement are for reference only and shall not limit or otherwise affect the meaning thereof. G. In the event the either party institutes a legal proceeding against the other party,to enforce the terms of this Agreement or for breach of any of the terms, conditions or covenants of this Agreement or in the event of any litigation between the parties which arises out of this Agreement, the prevailing party shall be entitled to recover from the other party its reasonable attorneys' fees,paralegal fees and costs, both at the trial and appellate levels; provided, however, that notwithstanding the foregoing and without regard to the prevailing party, the Owner shall bear its own attorneys' fees and costs and shall reimburse the City for its attorneys' fees and costs in connection with any proceeding in which the Owner seeks to challenge the validity or enforceability of any provision of this Agreement H. In the event a third party institutes a legal proceeding against the City and/or the Owner, regarding the enforceability of this Agreement or any other matters arising out of or related to this Agreement or the provision of water service, and such third party prevails,then in such event the Owner shall pay all costs, fees, charges, and expenses of the City relative thereto, including but not limited to attorneys' fees and paralegal fees at both the trial and appellate levels. I. In addition to each and every remedy now or hereafter existing at law or in equity, the parties hereto expressly agree that City shall have the right to enforce this Agreement by an action for specific performance. J. This Agreement embodies and constitutes the entire understandings of the parties with respect to the subject matter hereof and all prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement. K. Time is hereby declared of the essence to the lawful performance of the duties and obligations contained in this Agreement. L. 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. M. If any word, 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 so long as the purpose and intent of this Agreement can still be achieved. 006.265787.2 -8- N. The attached Exhibits are part of this Agreement as though fully set forth in this Agreement. IN WITNESS WHEREOF,the City has caused this Agreement to be executed as of the day and year first written above. "CITY" Signed, sealed and delivered in the presence of: CITY OF OCOEE, a Florida municipal corporation Signature By: Print/Type Name S. Scott Vandergrift,Mayor Attest: Signature Jean Grafton, City Clerk Print/Type Name (SEAL) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE,FLORIDA APPROVED AS TO FORM AND APPROVED BY THE OCOEE CITY LEGALITY COMMISSION AT A MEETING HELD This day of ,2003 ON ,2003 UNDER AGENDA ITEM NO. FOLEY& LARDNER By: City Attorney STATE OF FLORIDA COUNTY OF ORANGE I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared S. SCOTT VANDERGRIFT and JEAN GRAFTON, personally known to me to be the Mayor and City Clerk, respectively, of the CITY OF OCOEE, a Florida municipal corporation, and that they severally acknowledged executing the same on behalf of said municipality in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in them by said municipality. WITNESS my hand and official seal in the County and State last aforesaid this day of , 2003. 006.265787.2 -9- Signature of Notary Name of Notary(Type,Printed or Stamped) Commission Number(if not legible on seal): My Commission Expires(if not legible on seal): 006.265787.2 -10- IN WITNESS WHEREOF, the Owner has caused this Agreement to be duly executed the day of , 2003. "OWNER" Signed, sealed and delivered BYBLOS DEVELOPMENT,INC., in the presence of: a Florida corporation By: Signature Name: Print/Type Name Title: (CORPORATE SEAL) Signature Print/Type Name 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 of BYBLOS DEVELOPEMNT, INC., a Florida corporation, who [ ] is personally known to me or [ ] produced as identification, and that he acknowledged executing the foregoing instrument on behalf of said corporation in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in him/her by said corporation, and that the seal affixed hereto is the true corporate seal of said corporation. WITNESS my hand and official seal in the County and State last aforesaid this day of , 2003. Signature of Notary Name of Notary(Type,Printed or Stamped) Commission Number(if not legible on seal): My Commission Expires(if not legible on seal): 006.265787.2 -1 1- "OWNER" Signed, sealed and delivered in the presence of: By: Signature DAVID W. BOERS Print/Type Name Signature Print/Type Name 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 DAVID W. BOERS, who [ ] is personally known to me or [ ] produced as identification, and that he acknowledged executing the foregoing instrument in the presence of two subscribing witnesses freely and voluntarily. WITNESS my hand and official seal in the County and State last aforesaid this day of ,2003. Signature of Notary Name of Notary (Type,Printed or Stamped) Commission Number(if not legible on seal): My Commission Expires(if not legible on seal): 006.265787.2 -12- "OWNER" Signed, sealed and delivered WEST ORLANDO PEDIATRICS,P.A. in the presence of: By: Signature Name: Title: Print/Type Name (CORPORATE SEAL) Signature Print/Type Name 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 of WEST ORLANDO PEDIATRICS, P.A. who [ ] is personally known to me or [ ] produced as identification, and that he acknowledged executing the foregoing instrument on behalf of said professional association in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in him/her by said professional association, and that the seal affixed hereto is the true corporate seal of said professional corporation. WITNESS my hand and official seal in the County and State last aforesaid this day of ,2003. Signature of Notary Name of Notary(Type,Printed or Stamped) Commission Number(if not legible on seal): My Commission Expires(if not legible on seal): 006.265787.2 -13- JOINDER, CONSENT AND SUBORDINATION The undersigned hereby certifies that is the holder of a mortgage, lien or other encumbrance upon the above described property, and that the undersigned hereby joins in and consents to the foregoing instrument and agrees that its mortgage, lien or other encumbrance, which is recorded in Official Records Book Page of the Public Records of Orange County of Florida, shall be subordinated to the foregoing instrument. IN WITNESS WHEREOF, the undersigned has executed this Joinder, Consent and Subordination as of the day of , 2003. Signed, sealed and delivered in the presence of: By: Signature Print Name: Print/Type Name Its: Signature (CORPORATE SEAL) Print/Type Name STATE OF COUNTY OF THIS IS TO CERTIFY,that on this day of , 2003, before me, an officer duly authorized to take acknowledgments in the State and County aforesaid, personally appeared , as of who [ ] is personally known to me or [ ] produced as identification, and that who acknowledged that he as the individual described in and who executed the foregoing instrument and acknowledged the execution thereof to be his/her free act and deed as such officer thereunto duly authorized, that the official seal of said corporation is duly affixed thereto. IN WITNESS WHEREOF, I have hereunto set my hand and seal on the above date. Signature of Notary Name of Notary (Type,Printed or Stamped) Commission Number(if not legible on seal): My Commission Expires(if not legible on seal): 006.265787.2 -14- EXHIBIT "A" PARCEL 1: A PORTION OF SECTION 20, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF SECTION 20, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA; THENCE N.00°33'29"W. ALONG THE EAST LINE OF SECTION 20, TOWNSHIP 22 SOUTH, RANGE 28 EAST, 67.88 FEET TO A POINT OF BEGINNING THENCE DEPARTING SAID EAST LINE RUN S.90°00'00"W. ALONG THE NORTH RIGHT OF WAY LINE OF STATE ROAD 50, A DISTANCE OF 145.01 FEET; THENCE DEPARTING SAID NORTH RIGHT OF WAY LINE RUN N.00°33'29"W. 288.01 FEET; THENCE N.90°00'00"E. 145.01 FEET; TO THE EAST LINE OF SAID SECTION 20, THENCE S.00°33'29"E. ALONG THE AFOREMENTIONED EAST LINE 288.01 FEET TO THE POINT OF BEGINNING. PARCEL 2: A PORTION OF SECTION 20, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF SECTION 20, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA; THENCE N.00°33'29"W., ALONG THE EAST LINE OF SECTION 20,TOWNSHIP 22 SOUTH, RANGE 28 EAST, 67.88 FEET; THENCE DEPARTING SAID EAST LINE, RUN S.90°00'00"W. ALONG THE NORTH RIGHT OF WAY LINE OF STATE ROAD 50, 165.01 FEET TO THE POINT OF BEGINNING; THENCE S.90°00'00"W, 166.87 FEET; THENCE DEPARTING SAID NORTH RIGHT OF WAY LINE RUN N.00°31'56"W. 288.01 FEET; THENCE N.90°00'00"E. 166.74 FEET; THENCE S.00°33'29"E.288.01 FEET TO THE POINT OF BEGINNING. PARCEL 3: A PORTION OF SECTION 20, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF SECTION 20, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA; THENCE N.00°33'29"W. ALONG THE EAST LINE OF SECTION 20, TOWNSHIP 22 SOUTH,RANGE 28 EAST, 67.88 FEET; THENCE DEPARTING SAID EAST LINE, RUN S.90°00'00"W. ALONG THE NORTH RIGHT OF WAY LINE OF STATE ROAD 50, 145.01 FEET TO THE POINT OF BEGINNING; THENCE 5.90°00'00"W. 20.00 FEET; THENCE DEPARTING SAID NORTH RIGHT OF WAY LINE,RUN N.00°33'29"W. 288.01 FEET; THENCE N.90°00'00"W. 166.74 FEET; THENCE N.00°31'56"W. 309.96 FEET; THENCE 5.89°48'24"E. 331.62 FEET TO THE EAST LINE OF SAID SECTION 20; THENCE S.00°33'29"E. ALONG THE AFOREMENTIONED EAST LINE, 308.84 FEET; THENCE DEPARTING SAID EAST LINE RUN N.90°00'00"W. 145.01 FEET; THENCE S.00°33'29"E.288.01 FEET TO THE POINT OF BEGINNING. 006.265787.2 -15-