HomeMy WebLinkAboutVI(B1 a-c) Public Hearing West Orange Professional Center Annexation, Initial Zoning, Annexation Agreement Agenda 11-04-2003
ccenter of Good Lir,. Item VI B1 a,b&c
Mayor Commissioners
S. Scott Vandergrift '""l Danny Howell, District 1
Scott Anderson,District 2
City Manager Rusty Johnson, District 3
Jim Gleason ,fi. Nancy J. Parker, District 4
STAFF REPORT
Date: October 14, 2003
To: The Honorable 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, Second Reading
Zoning Ordinance#2003-41, Second Reading
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
The Honorable Mayor and City Commissioners
October 14.2003
Page 2 of 4
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.
• 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.
The Honorable Mayor and City Commissioners
October 14:2003
Page 3 of 4
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 subject properties: $4,436,747
"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.
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.
The Honorable Mayor and City Commissioners
October 14:2003
Page 4 of 4
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:
• 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: Copy of Public Hearing Advertisement, October 9,2003
Location Map
Annexation Feasibility&Public Facilities Analysis
Annexation Ordinance#2003-40
Initial Zoning/Rezoning Ordinance#2003-41
Annexation Agreement(Draft)
O:\Staff Reports\2003\SR03097 CC.doc
Thursday, October 9, 2003 - Orlando Sentinel
•: - West Orange Professional Center 1
FOR ANNEXATION SSIONALCENIEG location
WEST ORANGE PROFESSIONAL AR-OVAL CENTER „
CASE NUMBER AR•01-07.01 .�ttL - r.r". ` '.1, ;
Map
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NOTICE IS HEREBY GIVEN,pursuant to Subsection 1.10 and 5-9 of the `au. a.,71-fTl'�,�?�;y;;;; jyC'� i i i,�h� . .,_ __..;
City of Ocoee Land Development Code,that on Tuesday,October 21,2007 at fry• (�:� r C «*r
7:15 p.m.or as soon thereafter as practical,the CITY OF OCOEE CITY =,� _ r-1
•
'.6 - 1 .
COMMISSION will hold a 2nd Reeding of Ordinances 0 2003-41150 in a � -� t_ r' ,:ri^1 ~
PUBLICHEARING at the City of Ocoee Commission Chambers,150 North c T.
Lakeshore Drive,Ocoee,Florida,to consider a petition for annexation and 4siitt`.,, 1'T': • 1. ' ;ale ' 1+
a request for Initial zoning for certain real property located north of Colo- l�: =:�����£� ,ul _
niat DrIve/SR 50,and 1,750 feet west of the Intersection of Clark Road and S' kl: _f r _
Colonial Drive. 'r,1-1.,,i.111ID-t_`� '_ I /
Parcel Identification Ns: ! ',•��`v ,•I! + r'
20-22-28-0000-00-043;20-22-28-0000-00-051;20
20-22.28.9170.03010;20-22-28.9170-00.020; L_ _�I_ - - I
70-22-28-9170-00-030;20-22-28-9110-00-040; r _ ..",,....J.:-4.-----.,'‘..i 20 22.19 9170 03-050;2o-1228-9170 03060; {i '' ..1.1., i,'�i ,"
2312.19917300-070. "..,,` 'IL L , .. , i
Ordinance N 2003-40 --4:-•=z--______.1—__!---___1_.',:1,.....1
CASE NO.AR-02-07,02:West Orange Professional Center Annexation 1 l i
t__ 4.�4.�•-
AN ORDINANCE OF THE CITY OF OCOEE,FLORIDA,ANNEXING IN- .;,,",,,,r, — I ,,I -'i i i i
TO THE CORPORATE LIMITS OF THE CITY OF OCOEE,FLORIDA, ,.�.. _.
CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 5.494 -" yi P404.0 i' i + 11.
1 IACRES LOCATED NORTH OF COLONIAL DRIVEISTATE ROAD SO AP• _ �: ! `aa._ i-.; _:
PROXIMATELY 1,750 FEET WEST OF THE INTE'FISECTION OF __ _.--7- —T- -r
CLARKE ROAD AND COLONIAL DRIVE PURSUANT TO THE APPLICA- .31.1,;;; i ;; I_I: ' I + ,/ "1•7.:-.,f:
TION SUBMITTED BY THE PROPERTY OWNER;FINDING SAID AN- -,
NEXATION TO BE CONSISTENT WITH THE OCOEE COMPREHENSIVE �J�).i I V I i <1 j ( ;_ __ S-',
MENT;
PLAN,THE OCOEE CITY CODE,AND THE JOINT PLANNING AGREE- -Y{ , f
MENT;PROVIDING FOR AND AUTHORIZING THE UPDATING OF OF- ` i.I !-+1i, wa •. I`. i
FICIAL CITY MAPS;REPEALING CONFLICTING ORDINANCES;PRO-
VIDING DIRECTION TO THE CITY CLERK; PROVIDING FOR 1Ci �,Li w' i i W ��i(_.. ._
SEVERABILITY;PROVIDING FOR AN EFFECTIVE DATE. -- 1- + q •
f^'1Rr ii'tr -lit � ++9,.-;,� g7 •-'
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2Parcel0-n-2-0000Ident0-043an ' {' ,C' sem..
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1311.18.000303340; � ��'"—, tf� ,��t��f;g;;l \.i:
2322.28-9170.00-010;2322-28.9170-03020; _ 4•, <.;
2372-28-9170.00-030;20.2.28-9170-00-040; r.`r _ n--
2311.28.9173-00-050;2321-28-9170.03060;
201128-917000-070. If the Annexation is approved,the property would be incorporated into the
Ordinance N 2003-41 Oce Ocoee.
j g'classificatian of+ng is Community CommercialIt would stablish(C 21 onhe the+ty of
5.494
CASE NO.AR-02-07-02:West Orange Professional Center Zoning acre parcel(s)as requested by the property owner(sl.
AN ORDINANCE OF THE CITY OF OCOEE,FLORIDA,CHANGING THE Pursuant to Subsection 5-9 B.of the Land Development Code,the Communi-
ZONING CLASSIFICATION FROM ORANGE COUNTY C-1, 'RETAIL ty Development Director has determined that the requested zoning ciossifi-
COMMERCIAL DISTRICT 'TO 'SINGLE FAMILY DWELLI NG' TO cation is consistent with the Ocoee Comprehensive Plan.
OCOEE C-2 COMMUNITY COMMERCIAL DISTRICT'FOR CERTAIN The complete case file,Ind°dfn9°a°m leteleg°Idescrfptionbymetesand
PROPERTY CONTAINING APPROXIMATELY 5.494 ACRES LOCATED bounds,may be Inspected l ,Iatncluding
the Ocoee CommunitydDevelopment by m t Depart-
FEET
NORTH WEST COLONIAL THE INTERSECTION
ROAD CLARKE APPROXIMATELY 1 LO- menUPlanning Division located at 150 North Lakeshore Drive,Ocoee,Flori-
FEET DRIVE OF THE PURSUANT T TO THE APPLICATION CSROAD AND COLO- da between the hours of 8:00 a.m.and 5:00 p.m.,Monday through Friday,
PIAL ER; FINDING THESUCHZONING
SUBMITTED ISBENT except legal holidays•
PROPERTY OWNER; ZONING TO BE CONSISTENT
WITH THE OCOEE COMPREHENSIVE PLAN;PROVIDING FOR AND - --
r
AUTHORIZING THE REVISION OF THE OFFICIAL CITY ZONING The City CommislnK continue t interested hshall earings
heriddates
the
MAP;REPEALING CONFLICTING ORDINANCES; PROVIDING FOR times,as it deem
SEVERABILITY;PROVIDING FOR AN EFFECTIVE DATE. dates,
shall be announced during mes,and places of arty tthe hearing andno furthericontinued
re-
garding these matters will be Published-
Interested parties may appear at the public hearing and be heard with res-
pect to the proposed actions.You are cdvised that any person who desires
to appeal any decision made at the public hearings will need a record of the
Proceedings and for this purpose may need to ensure that a verbatim recor-
d of the proceedings is made which includes the testimony and evidence up-
on which the=veal Is based.
Persons with disabilities needing assistance to participate In any of these
proceedings should contact the City Clerk's Office 48 hours In advance of
the meeting at 407.905.3105.
Jean Grafton,City Clerk
SLS5273371 OCTOBER 9,2003
West Orange Professional Center
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CITY OF OCOEE
ANNEXATION & FEASIBILITY ANALYSIS
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 services to
individual properties. Each department has filled in the appropriate section and the findings are
summarized below.
L PLANNING DEPARTMENT Terry James, AICP
A. Applicant/Owner
1. Applicant: Byblos Development, Inc.
Plaza Venezia
7594 W. Sandlake Road
Orlando, FL 32891
2. Owner: Same
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 &20-
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 medical
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: Citrus-Rural
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
Page 1 of 3
Case#:AR-02-07-02
Applicant:Byblos Development
Project:West Orange Professional Center
II. FIRE DEPARTMENT Chief Ron Strosnider
1. Estimated Response Time: 3-5 minutes
2. Distance to Property: 2.3 miles from Fire Station 1/Bluford Avenue
3. Fire Flow Requirements: 1150-1500 gallons per minute
III. POLICE DEPARTMENT Chief Steve Goclon
1. Police Patrol Zone/Grid/Area: ---
2. Estimated Response Time: Estimated 5 minutes
3. Distance to Property: 3.5 miles
4. Average Travel Time ---
IV. ECONOMIC VALUE Terry James,AICP
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.
V. BUILDING DEPARTMENT Terry James, AICP
1. Within the 100-year Flood Plain: No, not according to the Ocoee Future Land Use Map
that delineates "conservation/floodplains" land uses.
VI. UTILITIES Richard Lee, P.E. I
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.
Page 2 of 3
Case#:AR-02-07-02
Applicant:Byblos Development
Project:West Orange Professional Center
VII. TRANSPORTATION Terry James,AICP
1. Paved Access: Yes
2. ROW Dedication: Yes, see proposed annexation agreement.
3. Traffic Study: No, see annexation agreement.
4. Traffic Zone: 616
VIII. PRELIMINARY CONCURRENCY EVALUATION Terry James, AICP
A. Transportation: See annexation agreement.
B. Parks/Recreation• Not applicable; the application is for non-residential use.
C. Water/Sewer• See annexation agreement.
D. Stormwater: See annexation agreement.
E. Solid Waste: See annexation agreement.
F. Impact Fees: See annexation agreement.
IX. 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.
X. CONSISTENCY WITH STATE REGULATIONS: Terry James,AICP
This is a voluntary annexation. The property is contiguous to the City boundaries and
reasonably compact, per 171.044 Florida Statutes.
Page 3 of 3
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 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 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 5.494 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 5.00°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 S.89°48'24"E. 331.62 FEET TO THE EAST LINE OF SAID SECTION
20; THENCE 5.00°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
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006.311025.1
ORDINANCE NO.2003-41
CASE NO. AR-02-07-02: 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 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 - 40 [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
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 September 9, 2003 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
006.311027.1
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
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 2
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 3
EXHIBIT "A"
LEGAL DESCRIPTION
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.
4
006.311027.1
EXHIBIT "B"
West Orange Professional Center
Location Map
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006.311027.1 5
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: For Recording Purposes Only
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
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, D.D.S., whose mailing address is 10545 Down Lakeview Circle,
Windermere, Florida 34786 ("Boers"), FRANK HERNANDEZ, D.M.D., P.A., whose mailing
address is 10125 W. Colonial Drive, Suite 208, Ocoee, Florida 34761 ("Hernandez") 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 and 20-22-28-9170-00-060 ("Developer's Parcels"); and
006.265787.7
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
WHEREAS, Hernandez owns certain real property located in unincorporated Orange
County,Florida located at 10125 W. Colonial Drive, Ocoee, Florida, Tax Parcel 20-22-28-9170-
00-070; and
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, Hernandez 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 West Orange Professional Center Phase I and Phase II plans in
accordance with the applicable requirements of the County (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
-2-
006.265787.7
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
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. 2003-40 for Case No. AR-02-07-02, thereby
redefining the corporate territorial limits of the City to include the Property.
Section 3. Development of the Developed Land.
A. Approved County Plans. The Owner 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. Approved City Plans. The Developer agrees that, as a condition to
annexation into the City, Developer shall modify the Developed Land and
the improvements located thereon in accordance with this Agreement and
that certain West Orange Professional Center Retrofitting Plan stamped
received by the City of Ocoee July 27, 2003 as prepared by The Stern
Design Group, P.A. incorporated by this reference herein, and which
consists of four (4) 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 with such additional revisions thereto, if any, as may be
reflected in the minutes of the Ocoee City Commission meeting approving
this Agreement (the "Approved City Plans"). The City further agrees that
so long as the Developed Land is modified in accordance with the
006.265787.7 -3-
Approved City Plans, that it shall be considered to be a legal conforming
use and the structures thereon to be legal conforming structures 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.
C. Time for Completion. Within 180 days of the Effective Date of this
Agreement, the Owner hereby agrees to modify the Developed Land in
accordance with the Approved City Plans subject to the terms and
conditions of this Agreement. Notwithstanding the foregoing, no building
permits shall be issued with respect to any development of the
Undeveloped Land until such time as the Developed Land is modified in
accordance with the Approved City Plans.
D. Limitations on Development. The Developed Land shall be developed
with the standards applicable to areas within a C-2 zoning district,
according to Ordinance 99-23, as amended. However, even though the
following uses would normally be permitted in a C-2 zoning district, the
following uses shall not be permitted on the Developed Land: automobile
sales (new or used), automobile repair or service stations, pawn shops, or a
convenience store with gas sales.
Section 4. Development of the Undeveloped Land.
A. Phase III Plans. The Owner and City acknowledge that improvements
are contemplated on the Undeveloped Land in accordance with that certain
Preliminary/Final Site Plan for West Orange Office Building Phase III as
prepared by Harb Design Group, Inc. stamped received by the City of
Ocoee July 27, 2003 with such additional revisions thereto, if any, as may
be reflected in the minutes of the Ocoee City Commission meeting
approving this Agreement (the "Phase III Plans"). The Phase III Plans are
hereby incorporated herein by reference as if fully set forth herein and are
hereby approved, including approval of the waivers shown thereon, by the
City by this reference. Developer acknowledges that development of the
Undeveloped Land shall be consistent with the Phase III Plans (including
the building footprint being equal to or smaller and the total building
square footage being equal to or smaller than that shown on the Phase III
Plans) and subject to the Ocoee City Code. In the event of any conflict(s)
between the Phase III Plans and the Ocoee City Code, it is hereby
expressly agreed that this Agreement shall constitute a waiver of such
conflict(s) and the Phase III Plans shall control.
B. Limitations on Development. The Undeveloped Land shall be developed
with the standards applicable to areas within a C-2 zoning district,
according to Ordinance 99-23, as amended. However, even though the
following uses would normally be,permitted in a C-2 zoning district, the
006.265787.7 -4-
following uses shall not be permitted on the Undeveloped Land:
automobile sales (new or used), automobile repair or service stations,
pawn shops, or a convenience store with gas sales.
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 Owner hereby agree that the
total of all impervious surfaces on the Property shall not exceed 80%.
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 building on Phase II of
the Developed Property does not, and shall not be required to, have
sprinkler systems installed. The existing building on Phase I of the
Developed Land presently has sprinkler systems installed but they are not
connected to a water source. Prior to issuance of the first Certificate of
Occupancy on the Undeveloped Land, Developer shall connect the
existing sprinkler system to a water source and have the sprinkler system
operational. Any and all buildings constructed on the Undeveloped Land
shall be constructed according to the Ocoee City Code with an operational
sprinkler system.
D. Monument Sign. The City and Developer hereby agree that a monument
sign may be constructed near the southeast corner of the Undeveloped
Land subject to the following restrictions:
1. The monument sign shall be no more than nine (9) feet high
with no more than thirty-six (36) square feet of signage space.
2. The signage must be used only for occupants of the building
constructed on the Undeveloped Land.
3. The signage must be located near the southeast corner of the
Undeveloped Land yet outside of the forty (40) foot safe site
triangle which would exist in the event that the City or others
construct or caused to be constructed a roadway along and
adjacent to the eastern boundary of the Property (the "Eastern
Roadway").
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
006.265787.7 -5-
constitutes a payment in lieu of road, police and fire impact fees for 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 or others construct
or cause to be constructed the Eastern Roadway, the City agrees to allow and construct one
access point along the Eastern Roadway creating access to the Property. The location of the
access point shall be located north of the building constructed on the Undeveloped Land at a
location determined by the City. 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 to 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. Temporary Construction Easement. In the event the City or others
construct or cause to be constructed the Eastern Roadway or 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 9. Conveyance of Right-of-Way. Within thirty (30) days following receipt of
written notice from the City requesting the same and in no event later than issuance of the first
Certificate of Occupancy for the Undeveloped Land, the Developer shall dedicate and convey
certain additional right-of-way property located in the southeast corner of the Property, as shown
on Sheet C-2 of the Phase III Plans (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
006.265787.7 -6
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 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) St. Johns River Water Management District Permit No. 42-
095-1941N-ERP; (ii) St. Johns River Water Management District Permit No. 42-095-1941NM-
ERP; and (iii) State of Florida Department of Transportation Drainage Connection Permit No.
97D-594-0025 (collectively, the "Stormwater Permits"). Pursuant to the Stormwater Permits, the
Retention Pond has sufficient capacity for the development of the Property and the Undeveloped
Land. 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
required permits,if any,from the St. Johns River Water Management District.
Section 11.Sewer and Water Systems. Owner hereby agrees to connect all
improvements on the Property to the City's sewer and water systems prior to issuance of the first
Certificate of Occupancy for the Undeveloped Land. 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.
Section 12.Access to S.R. 50. The Property presently has an existing access driveway
from S.R. 50 which was approved with the Approved County Plans. No additional access points
shall be obtained for the Property from State Road 50 (Colonial Drive).
Section 13.Utility Easement. Within thirty (30) days following receipt of written notice
from the City requesting the same and in no event later than issuance of the first Certificate of
Occupancy for the Undeveloped Land, the Developer shall, without compensation, grant a 15'
utility easement as shown on Sheet C-5 of the Phase III Plans to allow the connection of City
utilities to the building to be constructed on the Undeveloped Land. The form of the utility
easement shall be reviewed and approved by the City. In the event the City makes or causes to
be made utility improvements near the Property the City has the right, but not the obligation, to
install a new force main servicing the Undeveloped Land and require that existing force main
along the eastern edge of the Undeveloped Land be abandoned. In the event the City does
require that the force main along the eastern edge of the Undeveloped Land be abandoned, the
City will cause the force main to be abandoned in place at the City's expense and in accordance
with the FDEP regulations.
006.265787.7 -7-
Section 14. Cross Access Easement. The Owner acknowledges that the City is presently
processing plans for the development of the land adjacent to the western boundary of the
Property (the "Ocoee Commons Property"). In the event the City requires cross access between
the Property and the Ocoee Commons Property, the Developer hereby agrees to grant a cross
access easement benefiting the Ocoee Commons Property in exchange for the owner of the
Ocoee Commons Property granting a similar easement over the Ocoee Commons Property which
benefits the Property. The form of the easement documents establishing the cross access
easements must be in a form acceptable to the City. The location of the cross access easement
shall be from the entrance driveway from State Road 50 (Colonial Drive) through the parking lot
and south of the southern building on the Developed Land. The granting of the cross access
easement shall be without compensation. The Developer shall not be required to bear any of the
expenses relating to connecting the Ocoee Commons Property and the Developed Land through
the cross access easements, it being the City's intention that the expenses shall be borne by the
owner of the Ocoee Commons Property.
Section 15.Underground Utilities. The electrical lines serving the Property -are
currently overhead lines. At the time of, and not before, development of the Ocoee Commons
Property, the Developer hereby agrees to have the overhead lines on the Property put
underground and agrees to connect to the electrical lines located on State Road 50 or within the
Ocoee Commons Property, as determined by the City. In the event that development of the
Ocoee Commons Property results in the owner of the Ocoee Commons Property conveying to the
City, or a utility provider designated by the City, a utility easement along the boundary of or
across the Ocoee Commons Property, then the Developer shall connect to a point within the
Ocoee Commons Property designated by the utility provider. Notwithstanding anything to the
contrary, the Developer's off-site contribution to underground the utility lines shall not exceed
the cost charged by the utility provider to underground the existing electrical service lines from
State Road 50 (Colonial Drive) to the point the existing electrical service drops off to serve the
Property. The 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 16.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 for
existing tenants into compliance with the Land Development Code. The City agrees to a
temporary waiver for existing signage on the Property that are for existing tenants; provided,
however, that Owner agrees that all such signage shall be brought into compliance with the Land
Development Code at the time of termination of the existing tenant's lease or the replacement of
the business name or use by the existing tenant.
Section 17. Concurrency.
A. Immediately following the approval of this Agreement the Owner shall apply for a
Final Certificate of Concurrency for the development of the Undeveloped Land in accordance
with the procedures set forth in the City's Land Development Code (the "Final Certificate of
Concurrency"). The City agrees to promptly issue the Final Certificate of Concurrency following
receipt of such application.
006.265787.7 -8-
B. It shall be the responsibility of Owner to commence construction on the Undeveloped
Land prior to the expiration of the Final Certificate of Concurrency or any extensions thereof, or
any Transportation Capacity Reservation Certificates ("TCRC's") which may be issued pursuant
to the provisions of the Ocoee Land Development Code. The City makes no warranty or
representation regarding the ability of the Owner to obtain a new Final Certificate of
Concurrency or TCRC should Owner fail to commence construction prior to the expiration of the
Final Certificate of Concurrency or any TCRC, respectively.
C. The City represents to Owner that:
1. The development of the Undeveloped Land will not be subject to further
concurrency review under the City's Comprehensive Plan and Land
Development Code so long as the Owner commences construction in
accordance therewith prior to the expiration of the Final Certificate of
Concurrency; and
2. In the event the Owner obtains a TCRC in accordance with the provisions
of the City's Land Development Code which reserves sufficient
transportation capacity for the buildout of the Undeveloped Land, then the
development of the Undeveloped Land will not be subject to further
concurrency review for transportation under the City's Comprehensive
Plan and Land Development Code so long as the Owner commences
construction prior to the expiration of the TCRC.
Section 18. Grant of Easement to City for Emergency Services. A perpetual, non-
exclusive access easement over all internal roadways and other paved areas within the Property is
hereby granted to the City and other applicable authorities for law enforcement, fire, and other
emergency services.
Section 19.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 20. 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 and those other encumbrances (the "Permitted Encumbrances") listed in Exhibit "B"
attached hereto.
Section 21.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.
006.265787.7 -9-
Developer: Byblos Development, Inc.
Plaza Venezia
7594 W. Sandlake Road
Orlando,Florida 32819
Boers: 10545 Donn Lakeview Circle
Windermere, Florida 34786
Hernandez: 10125 West Colonial Drive
Suite 102
Ocoee,Florida 34761
West Orlando
Pediatrics: 10125 West Colonial Drive
Suite 102 _
Ocoee,Florida 34761
City: City of Ocoee
Attn: City Manager
150 North Lakeshore Drive
Ocoee,Florida 34761
Section 22. Indemnification. 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 23. 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 24. 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 25. 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,
006.265787.7 -1 0-
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.
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 and sewer 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.
-11-
006.265787.7
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.
N. The attached Exhibits are part of this Agreement as though fully set forth
in this Agreement.
006.265787.7 -12-
IN WITNESS WHEREOF, the City has caused this Agreement to be executed as of the
day and year first written above.
"CITY"
CITY OF OCOEE, a Florida municipal
corporation
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
APPROVED AS TO FORM AND ON , 2003
LEGALITY UNDER AGENDA ITEM NO.
This day of ,2003
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.
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):
006.265787.7 -13-
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:
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 BYBLOS
DEVELOPMENT, 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):
006.265787.7 -14-
"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):
006.265787.7 -15-
"OWNER"
Signed, sealed and delivered
in the presence of:
By:
Signature FRANK HERNANDEZ
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 FRANK
HERNANDEZ, 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):
006.265787.7 -16-
"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):
006.265787.7 -17
JOINDER, CONSENT AND SUBORDINATION
The undersigned hereby certifies that FIRST UNION NATIONAL BANK is the holder
of a mortgage, lien or other encumbrance upon all or a portion of 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, or evidence thereof recorded, in
Official Records Book 6136, Page 2092; Book 6396, Page 4373; Book 6136, Page 2108; Book
6396, Page 4377; Book 6136, Page 2116; Book 6396, Page 4381 all 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 FIRST UNION NATIONAL BANK
in the presence of:
By:
Signature Print Name:
Print/Type Name Its:
(CORPORATE SEAL)
Signature
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 FIRST
UNION NATIONAL BANK, 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):
006.265787.7 -18
JOINDER, CONSENT AND SUBORDINATION
The undersigned hereby certifies that SUNTRUST BANK CENTRAL FLORIDA,
NATIONAL ASSOCIATION is the holder of a mortgage, lien or other encumbrance upon all
or a portion of 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, or evidence thereof recorded, in Official Records Book 5729, Page 2637;
Book 5729, Page 2643; Book 6751, Page 2741; Book 6751, Page 2751; Book 6751, Page 2759;
Book 6751, Page 2776; Book 6751, Page 2786, all 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 SUNTRUST BANK CENTRAL FLORIDA,
in the presence of: NATIONAL ASSOCIATION _
Signature By:
Print/Type Name Print 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 SUNTRUST
BANK CENTRAL FLORIDA, NATIONAL ASSOCIATION, 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):
006.265787.7
JOINDER, CONSENT AND SUBORDINATION
The undersigned hereby certifies that SUNTRUST BANK is the holder of a mortgage,
lien or other encumbrance upon all or a portion of 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, or evidence thereof recorded, in Official
Records_Book 6751, Page 2724; Book 6751, Page 2741; Book 6751, Page 2751; Book 6751,
Page 2759; Book 6751, Page 2776; Book 6751, Page 2786, all 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 SUNTRUST BANK
in the presence of:
By:
Signature Print Name:
Print/Type Name Its:
(CORPORATE SEAL)
Signature
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 SUNTRUST
BANK, 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):
006.265787.7
-20-
JOINDER, CONSENT AND SUBORDINATION
The undersigned hereby certifies that AMSOUTH BANK is the holder of a mortgage,
lien or other encumbrance upon all or a portion of 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, or evidence thereof recorded, in Official
Records Book 6714, Page 485 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 AMSOUTH BANK
in the presence of:
By:
Signature Print Name:
Print/Type Name Its:
(CORPORATE SEAL)
Signature
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 AMSOUTH
BANK, who [ J is personally known to me or [ J 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):
006.265787.7
-21-
EXHIBIT "A"
LEGAL DESCRIPTION
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 5.00°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.
006.265787.7
EXHIBIT "B"
PERMITTED ENCUMBRANCES
1. Mortgage to First Union National Bank, mortgagee(s), recorded under O.R. Book 6136,
Page 2092; Mortgage Modification Agreement recorded in O.R. Book 6396, Page 4373,
Public Records of Orange County, Florida.
2. Assignment of Leases, Rents and Profits filed November 27, 2000 in O.R. Book 6136,
Page 2108; Modification Agreement recorded in O.R. Book 6396, Page 4377, Public
Records of Orange County,Florida.
3. UCC-1 Financing Statement recorded in O.R. Book 6136, Page 2116; Amended recorded
in O.R. Book 6396,Page 4381, Public Records of Orange County, Florida.
4. Mortgage to SunTrust Bank Central Florida, mortgagee(s), recorded under O.R. Book
5729, Page 2616, Public Records of Orange County, Florida.
5. Assignment of Leases, Rents and Profits filed April 16, 1999 in O.R. Book 5729, page
2637, Public Records of Orange County,Florida.
6. UCC-1 Financing Statement recorded in O.R. Book 5729, Page 2643, Public Records of
Orange County,Florida.
7. Mortgage to SunTrust Bank, mortgagee(s), recorded under O.R. Book 6751, Page 2724,
Public Records of Orange County,Florida.
8. Assignment of Leases, Rents and Profits filed January 21, 2003 in O.R. Book 6751, Page
2741, Public Records of Orange County, Florida.
9. UCC-1 Financing Statement recorded in O.R. Book 6751, Page 2786, Public Records of
Orange County,Florida.
10. UCC-1 Financing Statement recorded in O.R. Book 6714, Page 485, Public Records of
Orange County,Florida.
11. Terms, provisions, covenants, liens, conditions and options contained and rights and
easements established by the Declaration of Condominium of West Orange Professional
Center, and all exhibits attached thereto and recorded April 15, 1999, in O.R. Book 5719,
Page 2632; Amended recorded in O.R. Book 6076, Page 4976. Such Declaration and/or
Amendments(s) establishes and provides for easements, liens, charges, assessments, an
option to purchase, a right of first refusal, and the prior approval of a future purchaser or
occupant.
12. Declaration and Grant of Easements recorded in O.R. Book 5719, Page 2583; Amended
recorded in O.R. Book 6076, Page 4976, Public Records of Orange County,Florida.
13. Unrecorded Lease to Central Florida Center for Diagnostic Imaging, Inc. (referred to in
O.R. Book 5940, Page 1601).
006.265787.7
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14. Declaration of Septic System Easement recorded in O.R. Book 5482, Page 1666, Public
Records of Orange County, Florida.
006.265787.7
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