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HomeMy WebLinkAboutVI(A2 c) Towns of Westyn Bay PUD Development Agreement Agenda 10-21-2003 Item VI A 2 c FOLEY & LARDNER MEMORANDUM CLIENT-MATTER NUMBER 020377-0533 TO: The Honorable Mayor and City Commissioners of the City Ocoee FROM: Scott A. Cookson, Esq., Assistant City Attorney DATE: October 13, 2003 RE: Towns of Westyn Bay PUD—Development Agreement(Project No. LS 2000-02) ISSUE: Whether the City Commission should approve the proposed Development Agreement. DISCUSSION: The owner of approximately 18.3 acres of property located on the north side of Ocoee Crown Point Parkway, west of its intersection with Ocoee-Apopka Road ("Property") has requested a zoning classification of PUD, Planned Unit Development District. Section 4-5A(5) of Article IV of the Ocoee Land Development Code requires that the owner and the City enter into a Development Agreement incorporating all plans and conditions of approval by reference in connection with the approval of a PUD. The Development Agreement incorporates the PUD Land Use Plan by reference and includes the Conditions of Approval as an exhibit. The Development Agreement will be binding on the current owner as well as any subsequent purchaser. RECOMMENDATION: It respectfully is recommended that the City Commission approve the Development Agreement and authorize the execution thereof by the Mayor and City Clerk. Attachment 006.220381.1 THIS INSTRUMENT PREPARED BY: Scott A.Cookson,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 For Recording Purposes Only CITY OF OCOEE 150 N.Lakeshore Drive Ocoee,FL 34761 (407)905-3100 DEVELOPMENT AGREEMENT (TOWNS OF WESTYN BAY) THIS DEVELOPMENT AGREEMENT (this "Agreement") is made and entered into as of the day of , 2003 by and between WEST GROVES VENTURE, L.L.L.P., a Florida limited liability partnership, whose mailing address is 423 South Keller Road, Suite 201, Orlando, Florida 32810 (hereinafter referred to as the "Owner") and the CITY OF OCOEE, a Florida municipal corporation, whose mailing address is 150 North Lakeshore Drive, Ocoee, Florida 34761, Attention: City Manager(hereinafter referred to as the "City"). WITNESSETH: WHEREAS, the Owner owns fee simple title to certain lands located in Orange County, Florida, and within the corporate limits of the City of Ocoee, Florida, said lands being more particularly described in Exhibit "A" attached hereto and by this reference made a part hereof (hereinafter referred to as the "Property"); and WHEREAS, pursuant to the petition of the Owner, on , the Ocoee City Commission approved Ordinance No. 2003-42 rezoning the Property as "PUD" under the Ocoee Land Development Code; and WHEREAS, the provisions of Section 4-5A(5) of Article IV of the Ocoee Land Development Code requires that the Owner and the City enter into a development agreement incorporating all plans and conditions of approval by reference; and WHEREAS, the Owner and the City desire to execute this Agreement in order to fully comply with the provisions of the Ocoee Land Development Code. NOW, THEREFORE, in consideration of the premises and other good and valuable considerations exchanged between the parties hereto, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: THIS INSTRUMENT PREPARED BY: Section 1. Recitals. The above recitals are true and correct and incorporated herein by this reference. Section 2. Development of the Property. A. The Owner hereby agrees to develop the Property in accordance with that certain PUD Land Use Plan for Towns of Westyn Bay Planned Development prepared by Daly Design Group, Inc. date stamped as received by the City on August 29, 2003 (hereinafter referred to as the "Land Use Plan"). The Land Use Plan is hereby incorporated herein by reference as if fully set forth herein. B. The Owner hereby agrees that the Property shall be developed in accordance with and is made subject to those certain Conditions of Approval attached hereto as Exhibit "B" and by this reference made a part hereof (the "Conditions of Approval"). The Owner further agrees to comply with all of the terms and provisions of the Conditions of Approval. The Conditions of Approval attached hereto as Exhibit "B" are the same as the Conditions of Approval set forth in the Land Use Plan. C. Except as otherwise expressly set forth in this Agreement and the Land Use Plan it is agreed that (1) the Owner shall comply with the zoning and subdivision regulations of the City as set forth in the Ocoee Land Development Code, as it may from time to time be amended, and (2) all preliminary subdivision plans, final subdivision plans, and final site plans for the Property or any portion thereof shall conform to the Ocoee Land Development Code requirements in effect at the time of approval of any such plans. In the event of any conflict between the provisions of the Ocoee Land Development Code, as it may from time to time be amended, and this Agreement, it is agreed that the provisions of this Agreement shall control. Section 3. Waivers from the Ocoee Land Development Code. The parties hereby acknowledge that the Owner has not requested any waivers from the requirements of the Ocoee Land Development Code and that the Land Use Plan was approved without any waivers. Section 4. Notice. Any notice delivered with respect to this Agreement shall be in writing and be deemed to be delivered(whether or not actually received) when (1)hand delivered to the other party at the address appearing on the first page of this Agreement, or (ii) when deposited in the United States Mail, postage prepaid, certified mail, return receipt requested, addressed to the party at the address appearing on the first page of this Agreement, or such other person or address as the party shall have specified by written notice to the other party delivered in accordance herewith. Section 5. Covenant Running with the Land. This Agreement shall run with the Property and inure to and be for the benefit of the parties hereto and their respective successors and assigns and any person, firm, corporation, or entity who may become the successor in interest to the Property or any portion thereof. Section 6. Recordation of Agreement. The parties hereto agree that an executed original of this Agreement shall be recorded by the City, at the Owner's expense, in the Public THIS INSTRUMENT -2- PREPARED BY: Records of Orange County, Florida. The City will, from time to time upon request of the Owner, execute and deliver letters affirming the status of this Agreement. Section 7. Applicable Law. This Agreement and the provisions contained herein shall be construed, controlled, and interpreted according to the laws of the State of Florida. Section 8. 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 9. Agreement; Amendment. This Agreement constitutes the entire agreement between the parties, and supersedes all previous discussions, understandings and agreements, with respect to the subject matter hereof. Amendments to and waivers of the provisions of this Agreement shall be made by the parties only in writing by formal amendment. Section 10. Further Documentation. The parties agree that at any time following a request therefore 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 11. Specific Performance. Both the City and the Owner shall have the right to enforce the terms and conditions of this Agreement by an action for specific performance. Section 12. Attorneys' Fees. In the event that either party finds it necessary to commence an action against the other party to enforce any provision of this Agreement or because of a breach by the other party of any terms hereof, the prevailing party shall be entitled to recover from the other party its reasonable attorneys'fees, legal assistants'fees and costs incurred in connection therewith, at both trial and appellate levels, including bankruptcy proceedings, without regard to whether any legal proceedings are commenced or whether or not such action is prosecuted to judgment. Section 13. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original but all of which together shall constitute one and the same instrument. Section 14. Captions. Captions of the Sections and Subsections of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction, or meaning of the provisions of this Agreement. Section 15. Severability. If any sentence, phrase, paragraph, provision, or portion of this Agreement is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion hereof. Section 16. Effective Date. The Effective Date of this Agreement shall be the day and year first above written. THIS INSTRUMENT -3- PREPARED BY: IN WITNESS WHEREOF, the Owner and the City have caused this instrument to be executed by their duly authorized officers as of the day and year first above written. Signed, sealed and delivered DEVELOPER: in the presence of: WEST GROVES VENTURE, L.L.L.P., a Florida limited liability limited partnership By: West Groves (Orlando) AlP III, L.L.L.P., a Florida limited liability limited partnership, as its general partner By: Avanti Capital Associates, formerly known as Avanti Properties Group, J.V., a Florida joint venture, as its general partner By: Avanti Management Partners, J.V., a Florida joint venture, as its sole managing venturer By: Avanti Development Corporation, a Florida corporation as its general partner By: Print Name Name: Title: Print Name (CORPORATE SEAL) STATE OF COUNTY OF I HEREBY CERTIFY that before me, personally appeared , as of Avanti Development Corporation, a Florida corporation, as general partner of Avanti Management Partners, J.V., a Florida joint venture, as managing venturer of Avanti Capital Associates, formerly known as Avanti Properties Group, J.V., a Florida joint venture, as general partner of West Groves (Orlando) AID III, L.L.L.P., a Florida limited liability limited partnership, as general partner of West Groves Venture, L.L.L.P., a Florida limited liability limited partnership, on behalf of the partnership, to me known to be, or who has produced as THIS INSTRUMENT -4- PREPARED BY: identification, and did (did not) take an oath the individual and partner described in and who executed the foregoing conveyance and acknowledged the execution thereof to be his/her free act and deed as such partner thereunto duly authorized, and the said conveyance is the act and deed of said limited liability partnership WITNESS my hand and official seal in the County and State last aforesaid this day of , 2003. Signature of Notary Name of Notary (Typed, Printed or Stamped) Commission Number(if not legible on seal): My Commission Expires(if not legible on seal): THIS INSTRUMENT -5- PREPARED BY: CITY: CITY OF OCOEE,FLORIDA By: S. Scott Vandergrift,Mayor Attest: Jean Grafton, City Clerk (SEAL) FOR USE AND RELIANCE ONLY BY APPROVED BY THE OCOEE CITY THE CITY OF OCOEE,FLORIDA. COMMISSION AT A MEETING HELD ON Approved as to form and legality this UNDER AGENDA ITEM NO. day of FOLEY&LARDNER By: City Attorney THIS INSTRUMENT -6- PREPARED BY: STATE OF FLORIDA COUNTY OF ORANGE I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared S. SCOTT VANDERGRIFT and JEAN GRAFTON, personally known to me to be the Mayor and City Clerk, respectively, of the CITY OF OCOEE, FLORIDA and that they severally acknowledged executing the same in the presence of two subscribing witnesses, freely and voluntarily under authority duly vested in them by said municipality. WITNESS my hand and official seal in the County and State last aforesaid this day of Signature of Notary Name of Notary(Typed, Printed or Stamped) Commission Number(if not legible on seal): My Commission Expires(if not legible on seal): THIS INSTRUMENT -7- PREPARED BY: JOINDER AND CONSENT TO DEVELOPMENT AGREEMENT (TOWNS OF WESTYN BAY) The undersigned hereby certifies that it is the holder of an indenture of mortgage, dated the day of , and recorded in Official Records Book , Page , Public Records of Orange County, Florida, upon the above described property and the undersigned for and in consideration of valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby join in and consent to the execution of the foregoing Development Agreement (Towns of Westyn Bay) and agrees that the lien of its mortgage described herein above shall be subordinated to the aforedescribed Development Agreement. Signed, sealed and delivered in the presence of: By: Print Name: Printed Name: Title: Print Name: STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of , 20 ,by who is the of , a . He/she [ I is personally known to me, or [ ] has produced as identification. Signature of Notary THIS INSTRUMENT -8- PREPARED BY: EXHIBIT "A" THE PROPERTY A PARCEL OF LAND LYING IN SECTION 6, TOWNSHIP 22 SOUTH, RANGE 28 EAST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OFTHE NORTHWEST 1/4 OF SECTION 6, TOWNSHIP 22 SOUTH, RANGE 28 EAST; THENCE RUN S86°38'40"W ALONG THE SOUTH LINE OF SAID NORTHWEST 1/4, 649.91 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY LINE OF COUNTY ROAD 437; THENCE RUN N28°17'18"E ALONG SAID WESTERLY RIGHT OF WAY LINE, 450.77 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE N28°17'18"E, 363.58 FEET; THENCE DEPARTING SAID RIGHT-OF- WAY LINE RUN S87°28'23"W, FOR A DISTANCE OF 359.74 FEET; THENCE RUN N01°22'08"E, 585.48 FEET; THENCE RUN S87°28'22"W, 764.56 FEET; THENCE RUN S02°31'38"E, 44.46 FEET; THENCE RUN S21°52'34"W, 402.58 FEET; THENCE RUN S47°29'33"W, FOR A DISTANCE OF 226.67 FEET; THENCE RUN S35°09'18"E, 255.37 FEET; THENCE RUN S77°05'10"E, 124.78 FEET TO A POINT ON A NON-TANGENT CURVE CONCAVE SOUTHERLY; THENCE RUN EASTERLY ALONG SAID CURVE HAVING A RADIUS OF 760.00 FEET, A CENTRAL ANGLE OF 39°33'43", AND ARC LENGTH OF 524.77 FEET, A CHORD BEARING OF N85°30'02"E AND A CHORD LENGTH OF 514.41 FEET; THENCE RUN S74°43'06"E, 428.51 FEET TO A CURVE CONCAVE TO THE NORTH; THENCE RUN NORTH-EASTERLY ALONG SAID CURVE HAVING A CENTRAL ANGLE OF 76°59'36", A RADIUS OF 50.00 FEET, AN ARC LENGTH OF 67.19 FEET, A CHORD BEARING OF N66°47'06"E AND A CHORD DISTANCE OF 62.25 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL OF LAND CONTAINS 18.336 ACRES MORE OR LESS. THIS INSTRUMENT -9- PREPARED BY: EXHIBIT "B" CONDITIONS OF APPROVAL 1. The project will be developed in one phase. 2. All common areas will be owned and maintained by the homeowner's association. 3. Water and sewer service will be provided by Orange County. At the time of platting, easements will be placed over service lines and dedicated to Orange County. 4. Reclaimed water will be used for irrigation purposes. A master irrigation system will be installed to service all common areas and residential lots. This master system will be owned and maintained by the homeowner's association. 5. The project site contains no conservation areas. 6. The project site contains no lands that lie within the 100 yr. flood prone area. 7. Roadways will be private and owned/maintained by the homeowner's association. 8. The stormwater system will be designed in conformance with the City of Ocoee and SJRWMD standards. All ponds and conveyance systems will be owned and maintained by the homeowner's association. Ponds will be unfenced. Side slopes will adhere to the City of Ocoee Land Development Code. 9. The project will be gated. Gates will be equipped with the opticom system for access by emergency vehicles. 10. A tree survey will not be required for this project. 11. Topography is based upon a survey provided by Sears Surveying. 12. Soils information is provided by the Orange County SCS. 13. The entire Property is subject to the terms and conditions of that certain Development Agreement dates June 5, 2001 recorded in Official Records Book 6289, Page 4193, Public Records of Orange County, Florida. 14. Each fire hydrant shall be OSHA yellow in color and blue reflective marker shall be affixed to the street in the center of the lane closest to the hydrant. 15. The project is a private community with a mandatory homeowners association owning and maintaining the private streets and drainage facilities. Prior to, or at the time of THIS INSTRUMENT -10- PREPARED BY: platting, an easement will be granted to all utility suppliers for ingress and egress over the private street tracts for access and maintenance of their utilities and to the City of Ocoee law enforcement and emergency personnel for ingress and egress to the property. 16. All landscape areas will be irrigated and have an automatic rain sensor. 17. Short-term rentals (rental term less the 6 months) shall be prohibited. This restriction shall be incorporated into the homeowner's association documents and shall also be enforced by the City. 18. The deed restrictions for the subdivision will include language requiring that garages must be used for parking cars and that parking will be prohibited on the private streets, except in designated off-street parking spaces. 19. No RV or boat parking will be provided within the subdivision. 20. Open space between townhome units, which is not part of an individual lot, shall be owned and maintained by the homeowners association. 21. All on-site utilities including electrical, cable TV and telephone shall be placed below ground. 22. All tracts, which are to be conveyed and maintained by the homeowners association, shall be conveyed to the homeowners association by plat. 23. Except as specifically noted on this plan, development of this property shall be consistent with the requirements of the City of Ocoee Code. 24. The City of Ocoee is subject to the terms, provisions and restrictions of Florida Statutes Chapter 163 concerning moratoria on the issuance of building permits under certain circumstances. The City has no lawful authority to exempt any private entity, or itself, from the application of such state legislation and nothing herein should be considered as such an exemption. 25. There shall be no access from the project to any public roads except at the approved locations shown on the plan. 26. Any damage caused to any public road as a result of the construction activities related to the project, shall be promptly be repaired by the Developer to the applicable government standards at the Developer's sole cost and expense. 27. A homeowners association will be created for maintenance and management of all common areas and facilities, unless otherwise noted. THIS INSTRUMENT -11- PREPARED BY: 28. The Towns of Westyn Bay will be a sub-association of the Westyn Bay Master Homeowners Association. The Westyn Bay recreation center and all of its facilities will be available for use by the residents of the Towns of Westyn Bay. On-site recreation areas within the Towns of Westyn Bay will be for the exclusive use of the residents of that community. 29. Pursuant to Ordinance No. 2001-18 all subdivision signage must be consistent with the legally assigned name of the subdivision. Any subsequent change to the name of the subdivision must be approved by the City Commission. 30. All building setbacks from all retention areas shall be 15 feet from top of bank. 31. The development will comply with Section 6-15 of the Ocoee Land Development Code. Where discrepancies occur between the PUD Land Use Plan and Section 6-15 of the LDC, the PUD Land Use Plan shall prevail. 32. The Property shall be subject to that certain 12'Temporary Emergency Access Easement per Official Records Book , Page , and a 12' stabilized road within the easement area, until such time as the road north of the Property from Westyn Bay Boulevard east to C.R. 437 is completed and accepted by the City. This easement may be relocated from time to time, subject to city approval. The location of the emergency access easement as it runs through the property may be modified as necessary to accommodate the layout of the subdivision. The final allocation of the emergency access easement must be approved by the city. Unobstructed emergency access through the site must be maintained throughout the entire construction period for the townhome development. 33. In the event gates are installed on the private roads the gates and subdivisions shall comply with Article VIII, Chapter 34 of the Orange County Code for gated communities as well as the amendments to that Article that may be enacted prior to the approval of the Preliminary Subdivision Plan. All references in said County Code Chapter to the "County" shall be deemed to refer to the "City" for purposes of this requirement. 34. Not withstanding the conveyance of the storm water retention pond to the homeowners association or any provision to the contrary contained in these Conditions of Approval, the Developer shall remain responsible for the maintenance of the project's stormwater management system (SWMS), including all stormwater retention ponds, until such time as: (i) the entire SWMS for the project is constructed and appropriate certificates of completion issued by both the City and SJRWMD, (ii) the stormwater retention ponds intended to be conveyed to the homeowners association have in fact been conveyed to the homeowners association, (iii) the homeowners association is designated as the maintenance entity on the records of the SJRWMD and all transfer records required by SJRWMD have been executed and accepted by SJRWMD, (iv) the City has been provided with a copy of the Developer's proposed maintenance plan with respect to the SWMS, and (v) the City has been provided with a written statement from the THIS INSTRUMENT -12- PREPARED BY: homeowners association acknowledging receipt of the Developer's proposed maintenance plan with respect to the SWMS and that the homeowners association is responsible for maintenance of the SWMS. 35. The Declaration of Covenants, Conditions and Restrictions for the subdivision (the "Declaration") shall contain a provision allowing the City of Ocoee the opportunity to levy, collect and enforce assessments for maintenance of the common areas should the homeowners association fail to do so or should the homeowners association fail to collect assessments at a level allowing for adequate maintenance of the common areas. These rights will be consistent with and limited to rights granted with Article VIII, Chapter 34 of the Orange County Code. 36. The Declaration shall to contain a provision granting the City of Ocoee the right, but not the obligation, to repair and maintain the stormwater system should the homeowners association fail to do so and seek reimbursement from the homeowners association, or from the Developer if (i) turnover of control of the members has not occurred, or (ii) if the Developer is still responsible for the maintenance of the stormwater system. These rights will be consistent with and limited to rights granted with Article VIII, Chapter 34 of the Orange County Code. 37. The Declaration shall provide that the homeowners association shall at all times be in good standing with the Florida Secretary of State. 38. The Declaration shall contain a provision that at the time of turnover of control of the homeowners association to the members, the Declarant shall deliver to the new Board of Directors the maintenance plan for the stormwater system accompanied by an engineer's certification that the stormwater system is functioning in accordance with all approved plans and permits. To the extent that any such engineer's report indicates any corrective action is required, the Declarant shall be required to diligently undertake such corrective action at the Declarant's expense and to post a cash bond with the homeowners association for the estimated cost of such corrective action. 39. The Declaration shall contain a provision that any amendment to any provision affecting the City of Ocoee requires the consent of the City of Ocoee in an instrument recorded with the amendment. 40. The Declaration shall contain a provision providing that the stormwater system will be transferred to a responsible operation and maintenance entity acceptable to the City of Ocoee in the event of the dissolution of the homeowners association and that if dissolution occurs without such approval then the City of Ocoee may continue to levy and collect assessments and impose liens with respect thereto notwithstanding the dissolution of the homeowners association. THIS INSTRUMENT -13- PREPARED BY: 41. The Declaration shall specifically provide that no property owned by the City of Ocoee or any other government entity within the subdivision shall be subject to assessments levied by the homeowners association. 42. Proposed Facilities within the recreation area Tract "F", shall be a pool, a cabana, and benches. 43. At all the corners and where otherwise applicable, sidewalks shall have access ramps constructed to accommodate those in wheelchairs and others who are physically challenged. 44. All screen walls, landscape buffers, all common area landscape improvements, as well as sidewalks along Ocoee-Apopka Road and Ocoee Crown Point Parkway, and along all other perimeter property lines shall be completed prior to issuance of the Certificate of Completion. The sidewalk joining Westyn Bay subdivision to the Towns of Westyn Bay shall be 8 feet wide. 45. The 6 foot buffer wall and landscaping that will be built along Ocoee-Apopka Road and Ocoee Crown Point Parkway will match the wall and landscaping that have been provided for the rest of Westyn Bay. However, it will also meet the City's recently upgraded provisions related to size and amount of plant materials for multi-family developments. Such landscaping shall include the same types of materials with the same pattern as was used along the Westyn Bay subdivision buffer wall adjacent to Ocoee Crown Point Parkway. The buffer wall shall be constructed at least 5 feet from the road right-of-way line. 46. Street trees shall be provided by the home builder at a rate of one tree per townhome unit prior to Certificate of Occupancy for each building At least half of these street trees shall be shade trees, a minimum of 2" DBH and 10' tall at the time of planting. The remaining street trees shall be understory trees as defined in the Land Development Code. 47. The plan shows available pad size for reference only. For each individual lot, the buildings shall not exceed 70 % lot coverage and the total of all impervious surfaces shall not exceed 75% lot coverage. 48. Street lights shall be installed by the Developer prior to Certificate of Completion at his expense and the cost to their operation will be assumed by the Developer in accordance with Ordinance No 95-17. 49. All underground utilities shall comply with Ordinance No. 95-17, which requires pedestal-mounted utility boxes to be placed back off the street, no more than 5 feet forward of the front building setback line, on all residential lots which are less than 70 feet in width where the lot abuts the street right-of-way line. THIS INSTRUMENT -14- PREPARED BY: 50. All legal instruments, including but not limited to homeowners association documents such as articles of incorporation, bylaws, and declaration of covenants and restrictions, shall be provided to the City for review and approval prior to or at the time of platting all or a portion of the property. 51. The Declaration shall include language requiring that if trash cans are used at individual units, they shall be stored in the garage, but if they are stored outside the garage they shall be screened from view with a decorative fence and/or landscaping 52. As per the Additional Conditions of Approval for the West Grove Preliminary Subdivision Plan (now known as Westyn Bay), the two interior lanes of Ocoee Crown Point Parkway from Westyn Bay Boulevard to Ocoee-Apopka Road (C.R. 437), and the required left turn lanes within Ocoee Crown Point Parkway at the subdivision entrance, together with the final designed north and southbound turn lanes from Ocoee Crown Point Boulevard onto Ocoee-Apopka Road, shall be completed by the Developer at the Developer's expense and accepted by the City prior to issuing the Certificate of Completion for the subdivision improvements, if such road improvements have not already been constructed and accepted by the City prior to that time. 53. All site lighting including parking lots and common areas will comply with the lighting standards in Section 6-14 of the Land Development Code, not to exceed the following illuminance levels - Average Illuminance in Foot Candles on the Ground: 2; Maximum Illuminace in Foot Candles on the Ground: 7. 54. The deed restrictions for the subdivision will include language requiring a 6' privacy fence on all three sides of any lot with an accessory structure, per Section 5-6b of the City of Ocoee Land Development Code. 55. The deed restrictions for the subdivision will include language requiring all lots with fencing to have a gated entrance along the rear lotline. 56. The deed restrictions for the subdivision will include language requiring limitations on the size and placement of accessory structures and privacy fences in certain rear yards. The rear yards of all lots backing up to Ocoee Crown Point Parkway shall not have any structures or accessory structures, including screen rooms, built any closer than 10 feet from the face of the buffer wall. THIS INSTRUMENT -15- PREPARED BY: