HomeMy WebLinkAboutItem 12 Approval of Development Agreement for Lake Lilly Center (FKA West End Professional Park) ocoee
florida
AGENDA ITEM COVER SHEET
Meeting Date: January 7, 2020
Item #: /02
Reviewed By:
Contact Name: Michael Rumer Department Director:
Contact Number: 407-905-3157 City Manager: Robert Fr
Subject: Development Agreement for Lake Lilly Center FKA West End Professional Park
Commission District#3— Richard Firstner
Background Summary:
Heller Brothers Groves currently owns several parcels within the City and has entitlements on these properties
based on past purchase agreements for right-of-way in lieu of eminent domain, vesting certificates, and an
approved PSP/FSP for West End Professional Park. More specifically, the West End Professional Park is located
on the south side of Old Winter Garden Road (FKA Professional Parkway) and is entitled to a Light Industrial
subdivision development with a zoning and land use of Light Industrial (I-1). Due to the proximity of the property
to Target Areas within the Community Redevelopment Agency (CRA), the City desires to foster a better-built
environment that will be beneficial to the City, CRA, and adjacent properties. In lieu of building out to its potential
as a light industrial development, the City has been negotiating on the future development program with Heller
Brothers Groves.
The City of Ocoee and Heller Brothers Groves desires to execute a Development Agreement in order to address
certain matters related to the development of the property known as West End Professional Park, including but
not limited to the terms and conditions under which: (i) Lots 7— 13, as shown on the West End Modified PSP/FSP
may be developed with multi-family uses as part of a Mixed-Use Development; and (ii) providing for the ability to
offer economic incentives to encourage and facilitate the redevelopment of the Property.
The major components of the Development Agreement provide for the following:
1. Name Change. The Property was originally proposed to be developed as "West End Professional Park".
The City agrees that the Owner may change the name of the development within the Property to "Lake
Lilly Center". Any other further name change must be approved by the City.
2. Vested Rights. The City acknowledges that the Certificate of Vesting remains in full force and effect.
3. Redevelopment District Economic Incentives. The City desires the following types of development
within the Community Redevelopment Area (CRA) and the Property: (i) Hotel — nationally branded, (ii)
Restaurant - quality (sit down), (iii) Retail — high end, and (iv) Office —Class A. The agreement stipulates
the City will work with the Owner or a contract purchaser from the Owner of all or a portion of the Property
who proposes to develop one or more of the Preferred Types of Uses on the Heller Property on an
incentive package conditioned on the development of one or more of the Preferred Types of Uses (the
"Incentive Package"). The Incentive Package may include, but is not limited to, one or more of the
following: (i) a reduction of the building permit plan review fees, (ii) expedited review and approval of site
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plans and building permit applications, (iii) reductions or waivers of transportation impact fees, and (iv)
other forms of assistance from the Redevelopment District. The City agrees to consider any requests for
an Incentive Package in order to encourage development with the Preferred Type of Uses. However, it
shall not be construed as an entitlement to or guaranty by the City or the Redevelopment District as to any
Incentive Package. Any agreement with the City and/or Redevelopment District regarding an Incentive
Package will be documented on a site by site basis in a supplemental agreement between the City and
the Owner or a contract purchaser from the Owner of all or a portion of the Property.
The City and Heller Brothers Groves hopes to use this agreement to capitalize on the market and develop and
project that will serve the Heller Brothers Family and the City in the future. A marketing campaign is currently in
process and some of the development is expected to be owned and operated by the Heller Groves Brothers
partnership.
Issue:
Should the Honorable Mayor and City Commission approve of and authorize the execution of the Development
Agreement for Lake Lilly Center?
Recommendations:
Staff recommends the Honorable Mayor and City Commission approve of and authorize the execution of the
Development Agreement for Lake Lilly Center.
Attachments:
Development Agreement
West End Professional Park PSP
Financial Impact:
No new financial impacts. Any new financial impacts will come back before the City Commission based on the
type of development.
Type of Item: (please mark with an x')
❑ Public Hearing For Clerk's Dept Use:
❑ Ordinance First Reading ❑ Consent Agenda
❑ Ordinance Second Reading D Public Hearing
O Resolution ® Regular Agenda
® Commission Approval
❑ Discussion&Direction
O Original Document/Contract Attached for Execution by City Clerk
❑ Original Document/Contract Held by Department for Execution
Reviewed by City Attorney
Reviewed by Finance Dept.
Reviewed by
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Explanation of Proposed Development Agreement for Lake Lilly Center
City Staff has been in negotiations with representatives from Heller Brothers Groves, in
order to fulfill the vision of the CRA Target Areas Special Development Plan on properties
under their ownership in a very important area of the CRA, between Target Area 1, Target
Area 2, and Target Area 3. Existing entitlements of the property that have a Light Industrial
zoning designation (known as West End Professional Park) have made trying to create a
fourth Target Area not conducive to the property owner's intention of the land holdings.
However, negotiations have succeeded in a commitment by Heller to market and
potentially development some aspects of what is envisioned in the CRA plan and is being
promulgated via a new Development Agreement. Taking this action will be a win-win for
Heller and the City.
The proposed development agreement goes a long way in achieving the vision statement
for the CRA as provided for in the CRA Target Areas Special Development Plan:
Vision Statement: Creating a future for the Ocoee CRA that will include centers of vibrant,
urban, mixed use development that ensures enhanced pedestrian and automobile
connectivity, flexible land uses, a diverse economic base, a mix of housing types, a
shared responsibility of infrastructure financing, open space as a public amenity, and
enhanced image and development form.
Specifically, the Development Agreement provides for the following:
1. Provides for the recognition of past certificates of vesting in order to bring the
entitlements specific to the vesting certificates in a recorded document and to aid
staff in programming commitments made years ago.
i. Certificate of Vesting VR-94-02, Heller Brothers Groves Tract"D" (All
lands south of Old Winter Garden Road FKA Professional Parkway).
Vesting of transportation trips for 318,000 square feet of industrial
space or other uses permitted under I-1 Zoning district, with a total
of 4,750 average daily trips.
ii. Amended Certificate of Vesting VR-94-02, amended in December
26, 1995. Removes reference to average daily trips and as a result
vests for density and intensity without regard to the number of
average daily trips generated.
iii. Certificate of Vesting VR-94-02, amended December 26, 2001, to
include reference to modified Preliminary/Final Subdivision Plan.
2. Provides for the recognition that Heller Commenced Construction of infrastructure
improvements and platted a portion of the Property as set forth in the Plat of West
End Professional Park Unit 1, as recorded in Plat Book 43, Page 139.
3. Brings the commitments made in a Purchase Agreement between Heller and the
City in December 19, 2000, to not go through eminent domain, pursuant to which
Heller conveyed/sold property for $199,163.81 to the City in connection with the
widening of Professional Parkway. The agreement further states the following (not
all items provided):
i. No offsite improvements of any kind can be required.
ii. No reuse lines will be required within the project, unless the City at its own
cost may install.
iii. Waivers to setback for front and rear.
iv. Sidewalks within the development will be five foot.
v. No right turn lanes required.
vi. Not required to provide street lighting along Professional Parkway.
4. Section 2, changes the name of the future development to Lake Lilly Center.
5. Section 3, provides for recognition that the existing West End Modified PSP/FSP
as intact and approved.
6. Permits the use of Mixed-Use Development to include multi-family apartments
which is not approved under the existing entitlement. Currently, under the I-1
zoning district, Mixed-use developments may be allowed with either a Special
Exception or by PUD in special use districts adhering to the requirements specified
in Article IV. The subject property is located within both the Community
Redevelopment Area and SR 50 Activity Center Overlay Area special use districts.
7. Provides for a list of Prohibited and specific Special Exception Uses.
8. Section 4, is provided to encourage the following types of development within the
Property: (i) Hotel — nationally branded, (ii) Restaurant - quality (sit down), (iii)
Retail — high end, and (iv) Office — Class A. This section also alerts the owner and
prospective developers that incentives may be provided.
9. Section 5, acknowledges the Lift Station Letter from July 9, 1999, and reaffirms the
commitments contained therein. The Utility Letter states that any deficiency in the
lift station capacity is to be the responsibility of the City in the future.
10. Exhibit "E" provides a revised Table of Waivers from based on the development
being reviewed under the Target Area 1 &2 criteria instead of the Land
Development Code. Where the CRA Target Area criteria is silent, a waiver to a
Land Development Code criterion is used. Waivers include: i) allowing apartments
with living area less than 650 square feet. The proposal is to have an overall
weighted average unit size of 650 square feet with no more than 15% of the overall
units having less than 650 square feet, ii) minimum separation between apartment
buildings to be less than 20 feet if it meets Florida Building Code, iii) a parking ratio
of 1.7 spaces per unit in lieu of 1.5 for apartment buildings allowed under the Target
Area 2 criteria, iv) an alternative to the 10% park space criteria of Target Area 2,
v) reduced building setbacks for buildings meeting an urban form, vi) alternatives
to open space and recreation for a proposed apartment development, buffering
and roadway types.
11. Includes a revised Condition of Approval from the originally approved PSP/FSP.
THIS INSTRUMENT PREPARED BY
AND SHOULD BE RETURNED TO:
PREPARED BY:
Paul E. Rosenthal, Esq.
2605 Norfolk Road
Orlando, FL 32803
(407) 758-3301
RETURN TO:
Melanie Sibbitt,City Clerk
CITY OF OCOEE
150 N.Lakeshore Drive
Ocoee,FL 34761
(407)905-3100
Tax Parcel Nos.
DEVELOPMENT AGREEMENT
(Lake Lilly Center formerly known as West End Professional Park)
THIS DEVELOPMENT AGREEMENT (this "Agreement") is made and entered into as of the
day of , 2020 by and among HELLER BROS. GROVES, a Florida general
partnership, whose mailing address is 288 9th Street, Winter Garden, Florida 34787, Attention: Zachary
Heller ("Heller"), WEST END PROFESSIONAL PARK PROPERTY OWNERS ASSOCIATION,
INC., a Florida not-for-profit corporation, whose mailing address is c/o Heller Bros. Groves, P.O. Box
770249, Winter Garden, FL 34787 (the "Association"and collectively with Heller,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(the "City").
WITNESSETH:
WHEREAS, Heller 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(the "Heller Property"); and
WHEREAS, the Association owns fee simple title to certain platted tracts located in Orange
County, Florida, and within the corporate limits of the City of Ocoee, Florida, said lands being more
particularly described in Exhibit "B" attached hereto and by this reference made a part hereof (the
"Association Property"); and
WHEREAS,the Heller Property and the Association Property are hereinafter collectively referred
to as the"Property"; and
WHEREAS, pursuant to the Land Development Code of the City of Ocoee (the "LDC"), Heller
previously applied to the City for a vested rights determination under Vesting Application #VR01-02-94
(the"Vested Rights Application"); and
WHEREAS, the City determined that the Property has certain "vested rights" relating to
transportation concurrency / traffic circulation and traffic (trips) under the LDC as more specifically set
Revised 12-27-19
forth in that certain City of Ocoee Certificate of Vesting Number VR-94-02, dated September 8, 1994, as
amended by the City pursuant to that certain Amendment to Certificate of Vesting dated December 29,
1995 and as further amended by the City pursuant to that certain Amendment to Certificate of Vesting dated
December 26, 2001 (collectively,the"Certificate of Vesting"); and
WHEREAS,the current zoning of the Property is I-1, Restricted Manufacturing and Warehousing
District, with a Comprehensive Plan Future Land Use designation of Light Industrial; and
WHEREAS, the City previously approved development of the Property in accordance with that
certain West End Professional Park Final Subdivision Plan as prepared by Donald W.McIntosh Associates,
Inc. under Job No. 92042.0073 dated August 11, 1993 and approved by the Ocoee City Commission on
August 17, 1993 (the"West End Final Subdivision Plan"); and
WHEREAS, in accordance with the West End Final Subdivision Plan, Heller commenced
construction of certain infrastructure improvements and platted a portion of the Property as set forth in the
Plat of West End Professional Park Unit 1, as recorded in Plat Book 43, Page 139 of the Public Records of
Orange County, Florida(the"1995 Plat"); and
WHEREAS, Heller and the City entered into that certain Purchase and Sale Agreement
(Professional Parkway) dated December 19, 2000 (the"Purchase Agreement")pursuant to which Heller
conveyed certain land and easements to the City in connection with the widening of Professional Parkway;
and
WHEREAS, the widening of Professional Parkway, now known as Old Winter Garden Road,
necessitated the need to revise the West End Final Subdivision Plan and the 1995 Plat; and
WHEREAS, on August 21, 2007 the Ocoee City Commission approved that certain Modified
Preliminary/Final Subdivision Plan for West End Professional Park as prepared by Donald W. McIntosh
Associates, Inc. under Job No. 99201 dated September 14, 2001, as last revised February 21, 2007 (the
"West End Modified P/FSP")which plan is incorporated herein by reference and made a part hereof; and
WHEREAS, Sheet 3 of the West End Modified P/FSP sets forth certain notes with respect to the
development of the Property,a true copy of which are attached hereto as Exhibit"C"and by this reference
made a part hereof(the "Notes"),with references therein to"DEVELOPER"referring to Heller; and
WHEREAS, in accordance with the West End Modified P/FSP, Heller intends to replat Lots 1 —
6, inclusive,of the 1995 Plat and certain portions of the unplatted Property into six(6)Lots which conform
to and align with proposed Lots 1 —6,inclusive,as shown on the West End Modified P/FSP(the"Proposed
Replat"); and
WHEREAS, Lots 1 — 6, inclusive, of the Proposed Replat will be developed in accordance with
the West End Modified P/FSP and the permitted uses in the Ocoee I-1 Zoning District,except as such uses
may be prohibited or restricted in this Agreement; and
WHEREAS, the Property is located within the Fifty West Redevelopment District (the
"Redevelopment District") and, while not located within a Target Area, the future development of the
Property is compatible with many of the goals and objectives of CRA Target Area 2 ("CRA Target Area
2"); and
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WHEREAS, the purposes of the Redevelopment District include the creation of new and
redeveloped commercial,retail and housing options,and the improvement of quality of life through lifestyle
choices for residents and business owners; and
WHEREAS,the LDC allows Mixed-Use Development, including multi-family uses, in the Ocoee
I-1 Zoning District and within the Redevelopment District; and
WHEREAS, Heller has requested that the City allow Lots 7— 13, inclusive, as shown on the West
End Modified P/FSP to be developed as part of a Mixed-Use Development in an I-1 Zoning District which
would allow for the uses on such lots as permitted in the Ocoee I-1 Zoning District (except as such uses
may be prohibited or restricted in this Agreement) and/or multi-family uses, or any combination thereof;
and
WHEREAS, in order to foster the redevelopment of the Property, Heller has requested that the
City provide certain economic incentives; and
WHEREAS, the Owner and the City desire to execute this Agreement in order to address certain
matters related to the development of the Property, including by not limited to the terms and conditions
under which(i) Lots 7— 13, inclusive, as shown on the West End Modified P/FSP may be developed with
multi-family uses as part of a Mixed-Use Development; and (ii) economic incentives may be provided to
encourage and facilitate the redevelopment of the Property.
NOW, THEREFORE, in consideration of the premises and other good and valuable
considerations exchanged between the parties hereto, the receipt and sufficiency of which is hereby
acknowledged,the parties hereto agree as follows:
Section 1. Recitals. The above recitals are true and correct and incorporated herein by this
reference.
Section 2. Name Chance. The Property was originally proposed to be developed as "West
End Professional Park". The City agrees that the Owner may change the name of the development within
the Property to"Lake Lilly Center". Any other further name change must be approved by the City.
Section 3. Development of the Property.
A. Except as amended hereby, (i) the West End Modified P/FSP remains unchanged
and in full force and effect, and each of the parties hereto hereby ratifies and confirms the requirements,
terms and conditions of the West End Modified P/FSP, and (ii) the Property shall be developed in
accordance with the West End Modified P/FSP, including but not limited to the Notes as amended hereby.
In the event of any conflict between the West End Modified P/FSP and this Agreement, it is agreed that
this Agreement shall control.
B. The Notes are hereby amended as follows:
(1) Note 5 is amended to read as follows: "THE DEVELOPER HAS
PREVIOUSLY SUBJECTED THE PLAT OF WEST END
PROFESSIONAL PARK UNIT 1 (PLAT BOOK 34,PAGE 139)TO:(A)
DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS OF WEST END PROFESSIONAL PARK DATED
JUNE 28, 1995 (OR BOOK 4918, PAGE 4879), AND (B) ARTICLES
OF INCORPORATION OF WEST END PROFESSIONAL PARK
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PROPERTY OWNERS ASSOCIATION (INCORPORATED JULY 5,
1995). PRIOR TO OR CONTEMPORANEOUS WITH THE PLATTING
OF SOME OR ALL OF THE UNPLATTED PORTION OF THE
PROPERTY,THE AFORESAID DECLARATION AND ARTICLES OF
INCORPORATION WILL BE AMENDED TO INCLUDE ALL OF THE
REMAINING PROPERTY WITHIN WEST END PROFESSIONAL
PARK WHICH IS THEN BEING PLATTED."
(2) The first sentence of Note 6 is amended to read as follows: "TWO
OR MORE ADJACENT LOTS, OR PORTIONS THEREOF, MAY
FROM TIME-TO TIME BE COMBINED TO BE DEVELOPED AS
ONE SITE. HOWEVER, NO COMMERCIAL LOT SHALL BE LESS
THAN 1 ACRE IN SIZE."
(3) Note 12 is amended to read as follows: "THIS DEVELOPMENT
IS IN ONE PHASE.MULTIPLE PHASES AND MAY BE DEVELOPED
AND PLATTED IN MULTIPLE PHASES. EACH PHASE OF THE
DEVELOPMENT WILL STAND ON ITS OWN WITH RESPECT
TO PUBLIC SERVICES (SEWER, WATER, STORMWATER
MANAGEMENT, ACCESS AND OTHER RELATED
SERVICES)."
(4) A new Note 22 is added as follows: "THE MODIFIED WEST
END P/FSP PROVIDES FOR THE CONSTRUCTION OF PROPOSED
HELLER BROS. COURT ROADWAY ADJACENT TO PROPOSED
LOTS 7 — 13, INCLUSIVE. PROPOSED HELLER BROS. COURT
SHALL BE A PRIVATE ROAD OWNED AND MAINTAINED BY
THE WEST END PROFESSIONAL PARK PROPERTY OWNERS
ASSOCIATION, INC. AND MAY BE CONSTRUCTED IN PHASES
BEGINNING ON THE NORTH END OF THE PROPERTY ADJACENT
TO PROPOSED LOTS 7 AND 8. TO THE EXTENT THAT ANY LOTS
ADJACENT TO THE PROPOSED HELLER BROS. COURT ARE
COMBINED TO BE DEVELOPED AS ONE SITE AS PROVIDED IN
NOTE 6, IT IS AGREED THAT HELLER, AT ITS OPTION, MAY
ELECT NOT TO CONSTRUCT ANY OR ALL PORTIONS OF THE
PROPOSED HELLER BROS. COURT IN ACCORDANCE WITH THE
FOLLOWING: (I) THE PORTION OF PROPOSED HELLER BROS.
COURT ADJACENT TO SUCH COMBINED LOTS SHALL NOT BE
CONSTRUCTED(OR PLATTED)AND SHALL BE INCORPORATED
INTO THE COMBINED LOTS AND THE TOTAL SQUARE
FOOTAGE THEREOF, (II) THE FOREGOING SHALL BE SHOWN
ON THE PROPOSED PLAT AND SITE PLAN FOR THE COMBINED
LOTS,AND(III)CITY APPROVAL OF SUCH PLAT AND SITE PLAN
SHALL BE DEEMED TO BE A RELEASE FROM ANY
REQUIREMENT IN THE MODIFIED WEST END P/FSP TO
CONSTRUCT (AND PLAT AND DEDICATE) SUCH PORTION OF
PROPOSED HELLER BROS. COURT. FOR EXAMPLE, IF
PROPOSED LOTS 10, 11, 12 AND 13 ARE COMBINED INTO ONE
SITE, THEN HELLER MAY ELECT TO HAVE THE PORTION OF
PROPOSED HELLER BROS. COURT ADJACENT THERETO
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Revised 12-27-19
INCORPORATED INTO SUCH SITE AND THE PLAT AND SITE
PLAN THEREOF AND HELLER BROS. COURT SHALL
THEREAFTER TERMINATE AT THE SOUTHERN BOUNDARY OF
PROPOSED LOT 10."
C. Lots 7 — 13, inclusive, as shown on the West End Modified P/FSP may be
developed as part of a Mixed-Use Development with the following permitted uses: (i)all uses permitted in
the Ocoee I-1 Zoning District unless otherwise prohibited or restricted as set forth in this Agreement, and
(ii) multi-family uses as permitted in the R-3 Multi-Family Dwelling District. The Owner hereby agrees
that in the event any portion of the Property is developed with multi-family uses,then in such event(i)the
development of that portion of the Property is made subject to and may be developed in accordance with
those certain Additional Conditions of Approval attached hereto as Exhibit"D" and by this reference made
a part hereof(the"Additional Conditions of Approval"),(ii)the Owner further agrees to comply with all
of the terms and provisions of the Additional Conditions of Approval with respect to the development of
that portion of the Property, (iii)those waivers attached hereto as Exhibit"E" and by this reference made
a part hereof(the "Waivers") shall be applicable to the development of that portion of the Property, and
(iv) a Large Scale Site Plan shall be required with respect to that portion of the Property as provided in
Section 4-3 of the LDC.
D. In the event all or a portion of Lots 7— 13, inclusive, as shown on the West End
Modified P/FSP,are developed with multi-family uses,then in such event short-term rentals(as defined in
Section 6-15(P) of the LDC) shall be permitted on up to a maximum of fifteen percent (15%) of the
residential units within any such multi-family housing project. The foregoing is intended to allow a limited
number of multi-family units to serve as temporary housing for local employers and families and as
temporary housing associated with health care uses at hospitals and other facilities located within the
Redevelopment District.
E. The Owner agrees that certain uses permitted in the I-1 Zoning District are not
compatible with a Mixed-Use Development and the objectives of the Redevelopment District. In order to
assure compatibility of the development within the Property,the Owner agrees that the following uses shall
be prohibited on the Property or subject to a special exception, as indicated: See Exhibit "F" attached
hereto and by this reference made a part hereof(collectively,the"Prohibited Uses").
F. In the event of any conflict between the provisions of the Ocoee Land
Development Code, as it may from time to time be amended, and this Agreement, it is agreed that the
provisions of this Agreement shall control.
Section 4. Redevelopment District Economic Incentives. The City desires to encourage
the following types of development within the Property: (i) Hotel — nationally branded, (ii) Restaurant -
quality(sit down), (iii)Retail—high end, and(iv)Office—Class A(collectively,the"Preferred Types of
Uses"). Heller or a contract purchaser from Heller of all or a portion of the Property who proposes to
develop one or more of the Preferred Types of Uses on the Heller Property may request that the City and/or
the Redevelopment District agree, on a site by site basis, to an incentive package conditioned on the
development of one or more of the Preferred Types of Uses (the "Incentive Package"). The Incentive
Package may include, but is not limited to, one or more of the following: (i) a reduction of the building
permit plan review fees, (ii) expedited review and approval of site plans and building permit applications,
(iii) reductions or waivers of transportation impact fees, and (iv) other forms of assistance from the
Redevelopment District. The City agrees to consider any requests for an Incentive Package in order to
encourage development with the Preferred Type of Uses. However, the foregoing shall not be construed
as an entitlement to or guaranty by the City or the Redevelopment District as any Incentive Package. Any
agreement with the City and/or Redevelopment District regarding an Incentive Package shall be
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documented on a site by site basis in a supplemental agreement between the City and Heller or a contract
purchaser from Heller of all or a portion of the Property.
Section 5. West End Professional Park Lift Station. In connection with development along
Old Winter Garden Road(previously known as Professional Parkway),the City made certain commitments
as set forth in a letter dated July 9, 1999 from City Engineer/Utilities Director James W. Shira, a copy of
which is attached hereto as Exhibit "G" and by this reference made a part hereof (the "Lift Station
Letter"). The City hereby acknowledges the Lift Station Letter and reaffirms the commitments contained
therein.
Section 6. Vested Rights. Except as expressly set forth herein,nothing contained herein shall
be construed to in any way amend, modify or repeal the Owner's rights and privileges pursuant to the
Certificate of Vesting. The City acknowledges that the Certificate of Vesting remains in full force and
effect.
Section 7. 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,
or (ii) when sent by overnight courier service for next business day delivery (i.e., Federal Express),
addressed to the other 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 8. 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 9. Recordation of Agreement. The parties hereto agree that an executed original of
this Agreement shall be recorded by the City, at Heller's expense, in the Public Records of Orange County,
Florida. The City will, from time to time upon request of the Owner, execute and deliver letters affirming
the status of this Agreement.
Section 10. 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 11. 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 12. 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; provided, however, that nothing contained herein shall be construed (i) to
modify, amend or in any way rescind the Certificate of Vesting, (ii) to modify or amendment any of the
surviving provisions of the Purchase Agreement,or(ii)to modify or amend the West End Modified P/FSP
except as expressly set forth herein. Amendments to and waivers of the provisions of this Agreement shall
be made by the parties only in writing by formal amendment.
Section 13. 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.
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Section 14. 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 15. 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 16. 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 17. 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 18. 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 19. Effective Date. This Agreement shall be executed by the Owner and submitted to
the City for approval by the Ocoee City Commission. Upon approval by the Ocoee City Commission,this
Agreement shall be executed by the City. The Effective Date of this Agreement shall be the date of
execution by the Ocoee City Commission and such date shall be inserted on Page 1 of this Agreement.
[THE BALANCE OF THIS PAGE IS INTENTIONALLY BLANK]
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IN WITNESS WHEREOF, Heller, the Association 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 in the HELLER:
presence of
HELLER BROS. GROVES, a Florida general
partnership
By: HELLER BROS.PACKING CORP.,a
Florida corporation, its Managing General
Partner
By:
Print Name Harry Falk, Vice-President
Print Name
STATE OF FLORIDA
COUNTY OF ORANGE
I HEREBY CERTIFY that on this day, before me, by means of 0 physical presence or El online
notarization, an officer duly authorized in the State and County aforesaid to take acknowledgments,
personally appeared _Harry Falk, as the _Vice-President of HELLER BROS. PACKING CORP., a
Florida corporation, a Florida corporation, as Managing General Partner of HELLER BROS. GROVES,
a Florida general partnership, who 0 is personally known to me or El produced
as identification,and that he acknowledged executing the same in the
presence of two subscribing witnesses, freely and voluntarily, for the uses and purposes therein expressed
on behalf of said partnership and corporation.
WITNESS my hand and official seal in the County and State last aforesaid this day of
, 2020.
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):
8
Revised 12-27-19
Signed, sealed and delivered in the ASSOCIATION:
presence of
WEST END PROFESSIONAL PARK
PROPERTY OWNERS ASSOCIATION,INC.,
a Florida not-for-profit corporation
By:
Print Name Harry H. Falk,Vice-President
Print Name
STATE OF FLORIDA
COUNTY OF ORANGE
I HEREBY CERTIFY that on this day, before me, by means of❑ physical presence or❑ online
notarization, an officer duly authorized in the State and County aforesaid to take acknowledgments,
personally appeared Harry H. Falk, as the Vice-President of WEST END PROFESSIONAL PARK
PROPERTY OWNERS ASSOCIATION,INC.,a Florida not-for-profit corporation,who❑is personally
known to me or ❑ produced as identification, and that he
acknowledged executing the same in the presence of two subscribing witnesses, freely and voluntarily, for
the uses and purposes therein expressed on behalf of said partnership and corporation.
WITNESS my hand and official seal in the County and State last aforesaid this day of
, 2020.
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):
9
Revised 12-27-19
CITY:
Signed, sealed and delivered
in the presence of: CITY OF OCOEE,FLORIDA
By:
Rusty Johnson,Mayor
Print Name:
Attest:
Melanie Sibbitt,City Clerk
(SEAL)
Print Name:
FOR USE AND RELIANCE ONLY BY THE APPROVED BY THE OCOEE CITY
CITY OF OCOEE,FLORIDA. Approved as to COMMISSION AT A MEETING HELD ON
form and legality this day of UNDER
,2020. AGENDA ITEM NO. .
Shuffield,Lowman&Wilson,P.A.
By:
City Attorney
STATE OF FLORIDA
COUNTY OF ORANGE
I HEREBY CERTIFY that on this day, before me,by means of❑ physical presence or❑ online
notarization, an officer duly authorized in the State and County aforesaid to take acknowledgments,
personally appeared RUSTY JOHNSON and MELANIE SIBBITT, 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
,2020.
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):
10
Revised 12-27-19
EXHIBIT "A"
HELLER PROPERTY
LEGAL DESCRIPTION: PARCEL 1
THAT PART OF NE 1/4 OF SE 1/4 OF NW 1/4 OF SECTION 29, TOWNSHIP 22 SOUTH, RANGE 28 EAST,
LYING NORTHERLY & EASTERLY OF WEST END PROFESSIONAL PARK UNIT 1, ACCORDING TO THE PLAT
THEREOF AS RECORDED IN PLAT BOOK 34. PAGE 139, PUBLIC RECORDS OF ORANGE COUNTY FLORIDA;
LESS RIGHT OF WAY ON THE NORTH AND LESS THAT PART TAKEN ON THE NORTH FOR RIGHT OF WAY
PER O.R. BOOK 6423, PAGE 7285, PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA.
LEGAL DESCRIPTION: PARCEL 2
LOT 1, WEST END PROFESSIONAL PARK UNIT 1, ACCORDING TO PLAT THEREOF, RECORDED IN PLAT BOOK
34, PAGE(S) 139 THROUGH 141, INCLUSIVE, OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA, LESS
AND EXCEPT THAT PORTION CONVEYED TO THE CITY OF OCOEE BY SPECIAL WARRANTY DEED RECORDED
DECEMBER 31. 2001 IN OFFICIAL RECORDS BOOK 6423, PAGE 7285. PUBLIC RECORDS OF ORANGE
COUNTY, FLORIDA.
LEGAL DESCRIPTON: PARCEL 3
LOT 2, WEST END PROFESSIONAL PARK UNIT 1, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT
BOOK 34, PAGES 139 THROUGH 141 OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA.
LEGAL DESCRIPTION PARCEL 4
LOT 3, WEST END PROFESSIONAL PARK UNIT 1, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT
BOOK 34, PAGES 129 THROUGH 141 OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA.
LEGAL DESCRIPTION PARCEL 5
LOT 4, WET END PROFESSIONAL PARK UNIT 1, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED
IN PLAT BOOK 34, PAGE 139, PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA.
LEGAL DESCRIPTION: PARCEL 6
LOT 5, WEST END PROFESSIONAL PARK UNIT 1, ACCORDING TO THE MAP OR PLAT THEREOF AS
RECORDED IN PLAT BOOK 34, PAGE 139. PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA.
LEGAL DESCRIPTION PARCEL 7
LOT 6, WEST END PROFESSIONAL PARK UNIT 1, ACCORDING TO THE MAP OR PLAT THEREOF AS
RECORDED IN PLAT BOOK 34, PAGE 139, PUBLIC RECORDS OF ORANGE COUNTY. FLORIDA; LESS AND
EXCEPT THAT PORTION CONVEYED FOR ROAD RIGHT OF WAY IN SPECIAL WARRANTY DEED RECORDED IN
O.R. BOOK 6423, PAGE 7285, PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA.
LEGAL DESCRIPTION: OVERALL PARCEL
11
Revised 12-27-19
EXHIBIT "B"
ASSOCIATION PROPERTY
Tracts"A"and"B", inclusive, West End Professional Park Unit 1, according to the Plat thereof as
recorded in Plat Book 34, Pages 139 through 141, inclusive, of the Public Records of Orange County,
Florida.
12
Revised 12-27-19
EXHIBIT "C"
NOTES
NOTES (from Sheet 3 of West End Modified P/FSP) **
1. THIS PLAN SUPERCEDES AND REPLACES THE PRELIMINARY SUBDIVISION PLAN
APPROVED FEBRUARY 16, 1993 AND THE FINAL SUBDIVISION PLAN APPROVED
AUGUST 17, 1993, BOTH UNDER CITY PROJECT NO. 92-004 AND APPROVAL ON 11-5-
01.
2. CONSTRUCTION OF SITE IMPROVEMENTS HAS PREVIOUSLY COMMENCED
PURSUANT TO THE FINAL SUBDIVISION PLAN APPROVED BY THE CITY ON AUGUST
17, 1993 UNDER PROJECT NO. 92-004 AND A CERTIFICATE OF COMPLETION HAS
BEEN ISSUED BY THE CITY WITH RESPECT TO SUCH IMPROVEMENTS.
ACCORDINGLY, THIS PLAN WILL NOT HAVE AN EXPIRATION DATE.
3. UPON APPROVAL BY THE CITY OF A PLAT (OR REPLAT) PURSUANT TO THIS PLAN,
THE DEVELOPER MAY,AT ITS OPTION,ELECT TO DEFER RECORDING OF SUCH PLAT
UNTIL THE CITY COMPLETES THE CITY'S PROFESSIONAL PARKWAY PROJECT OR
SUCH EARLIER DATE AS DEVELOPER MAY ELECT; PROVIDED, HOWEVER,THAT NO
WORK MAY BE UNDERTAKEN ON THE PROPERTY WHICH WOULD OTHERWISE
REQUIRE PLATTING UNTIL SUCH TIME AS THE PLAT IS RECORDED.
4. THE PROPERTY MAY BE PLATTED PRIOR TO COMPLETION OF SUBDIVISION
IMPROVEMENTS PURSUANT TO THIS PLAN UPON POSTING BY THE DEVELOPER OF ,
A BOND OR LETTER OF CREDIT PER THE CITY'S LAND DEVELOPMENT CODE. IF THE
PROPERTY IS PLATTED PRIOR TO COMPLETION OF SUBDIVISION IMPROVEMENTS,
THE CITY WILL ISSUE BUILDING PERMITS PRIOR TO COMPLETION OF SUBDIVISION
IMPROVEMENTS (SUBJECT TO THE CITY FIRE DEPARTMENT APPROVAL THAT
SUFFICIENT INFRASTRUCTURE IS IN PLACE TO FIGHT A FIRE ON THE PROPERTY),
BUT NO CERTIFICATES OF OCCUPANCY WILL BE ISSUED UNTIL A CERTIFICATE OF
COMPLETION HAS BEEN ISSUED FOR SUBDIVISION IMPROVEMENTS.
5. THE DEVELOPER HAS PREVIOUSLY SUBJECTED THE PLAT OF WEST END
PROFESSIONAL PARK UNIT 1 (PLAT BOOK 34, PAGE 139) TO: (A) DECLARATION OF
COVENANTS,CONDITIONS AND RESTRICTIONS OF WEST END PROFESSIONAL PARK
DATED JUNE 28,1995 (OR BOOK 4918, PAGE 4879), AND (B) ARTICLES OF
INCORPORATION OF WEST END PROFESSIONAL PARK PROPERTY OWNERS
ASSOCIATION (INCORPORATED JULY 5, 1995). PRIOR TO PLATTING OF THE
UNPLATTED PORTION OF THE PROPERTY, THE AFORESAID DECLARATION AND
ARTICLES OF INCORPORATION WILL BE AMENDED TO INCLUDE ALL OF THE
REMAINING PROPERTY WITHIN WEST END PROFESSIONAL PARK.
6. TWO OR MORE ADJACENT LOTS MAY BE COMBINED TO BE DEVELOPED AS ONE
SITE. ANY UTILITY OR OTHER EASEMENTS LOCATED INCONSISTENT WITH
DEVELOPMENT ON SUCH COMBINED LOTS WOULD HAVE TO FIRST BE VACATED
IN ACCORDANCE WITH CITY REQUIREMENTS. ALTERNATIVE EASEMENTS WOULD
BE PROVIDED, IF REQUIRED, SUBJECT TO THE CITY'S APPROVAL. THE
13
Revised 12-27-19
COMBINATION OF LOTS SHALL BE IN ACCORDANCE WITH APPLICABLE CITY
SUBDIVISION/LAND DEVELOPMENT REGULATIONS.
7. CERTAIN OFF-SITE IMPROVEMENTS BENEFITING THE PROPERTY ARE TO BE
CONSTRUCTED BY THE CITY PURSUANT TO THAT CERTAIN PURCHASE AND SALE
AGREEMENT (PROFESSIONAL PARKWAY) DATED DECEMBER 19, 2000 BETWEEN
HELLER BROS. GROVES AND THE CITY.
8. INTENTIONALLY DELETED.
9. UTILITY EASEMENTS WITHIN INDIVIDUAL LOTS, WHICH SHALL BE IN FAVOR OF
AND ACCEPTABLE TO THE CITY, SHALL BE PROVIDED AT TIME OF DEVELOPMENT.
10. DEVELOPMENT TO CONFORM WITH APPLICABLE FEDERAL, STATE AND LOCAL
RULES AND REGULATIONS (INCLUDING WATER MANAGEMENT DISTRICT).
11. THE CITY IS SUBJECT TO THE TERMS, PROVISIONS AND RESTRICTIONS OF F.S.
CHAPTER 163 CONCERNING MORATORIUMS 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 SHALL BE
CONSTRUED AS SUCH AN EXEMPTION.
12. THIS DEVELOPMENT IS IN ONE PHASE.
13. LANDSCAPE BUFFERS AND PARKING ON INDIVIDUAL LOTS SHALL CONFORM TO
CITY OF OCOEE LAND DEVELOPMENT CODE.
14. LANDSCAPE BUFFERS TO BE MAINTAINED BY INDIVIDUAL LOT OWNERS.
15. FIRE HYDRANTS TO BE INSTALLED IN CONJUNCTION WITH INDIVIDUAL LOT
DEVELOPMENT AND TO BE LOCATED AS NECESSARY TO PROVIDE PROTECTION TO
FACILITIES PER CITY CODES. HYDRANT LAYOUT SHOWN ON THIS DRAWING IS
ONLY TO PROVIDE MINIMUM REQUIREMENTS FOR DISTRIBUTION MAINS. FIRE
HYDRANTS REQUIRED IN PROFESSIONAL PARKWAY TO MEET REQUIREMENTS FOR
INDUSTRIAL DEVELOPMENT,AS REQUIRED BY THE CITY,ARE TO BE INCLUDED IN
THE CITY'S PROFESSIONAL PARKWAY PROJECT.
16. WATER SERVICE TO EACH LOT IS SHOWN ON THE PLAN. HOWEVER, THE SERVICE
SIZE MAY BE ADJUSTED AS EACH LOT IS DEVELOPED.
17. TWO PROJECT IDENTIFICATION SIGNS WILL BE PERMITTED. A RELOCATED OR
RECONSTRUCTED VERSION THE EXISTING PROJECT IDENTIFICATION SIGN MAY BE
LOCATED IN THE NORTHEAST CORNER OF PROPOSED LOT 1 AS SHOWN ON THE
PLAN. A NEW GROUND SIGN MAY BE LOCATED IN THE PUBLIC MEDIAN BETWEEN
PROPOSED LOTS 7 AND 8 AS SHOWN ON THE PLAN. THE MEDIAN SIGN MAY
INCLUDE THE NAMES OF MAJOR USERS IN ADDITION TO PROJECT SIGNAGE. THE
FOREGOING IS IN ADDITION TO INDIVIDUAL SITE/BUILDING SIGNAGE OTHERWISE
PERMITTED BY THE CITY'S LAND DEVELOPMENT CODE AND WILL NOT COUNT
AGAINST SUCH INDIVIDUAL SITE/BUILDING SIGNAGE.
14
Revised 12-27-19
18. NO OFFSITE IMPROVEMENTS OF ANY KIND OR VALUE WILL BE REQUIRED EXCEPT
AS SHOWN HEREIN.
19. LOT 1 WILL HAVE A RIGHT IN/OUT ACCESS TO PROFESSIONAL PARKWAY.
20. NO RIGHT TURN LANES ARE REQUIRED FROM PROFESSIONAL PARKWAY INTO
PROJECT LOTS OR STREETS.
21. DEVELOPER IS NOT RESPONSIBLE FOR STREET LIGHTING IN
PROFESSIONAL PARKWAY.
**Certain Notes from the West End Modified P/FSP have been amended and revised by this Development
Agreement.
15
Revised 12-27-19
EXHIBIT "D"
ADDITIONAL CONDITIONS OF APPROVAL
Section A. GENERAL
1. EXCEPT AS SPECIFICALLY NOTED ON THIS PLAN, DEVELOPMENT OF
THE PROPERTY SHALL BE CONSISTENT WITH THE REQUIREMENTS OF THE CITY OF
OCOEE CODE OF ORDINANCES (THE "CODE"), WHICH CODE INCLUDES CHAPTER
180,THE CITY OF OCOEE LAND DEVELOPMENT CODE(THE"LAND DEVELOPMENT
CODE").
2. NOTHING HEREIN SHALL BE CONSTRUED TO WAIVE ANY PROVISION
OF THE LAND DEVELOPMENT CODE EXCEPT TO THE EXTENT EXPRESSLY SET
FORTH ON A WAIVER TABLE OR EXPLICITLY SET OUT ON THE PLAN.
3. ANY DAMAGE CAUSED TO ANY PUBLIC STREETS AS A RESULT OF THE
CONSTRUCTION ACTIVITIES RELATED TO THE PROJECT SHALL BE PROMPTLY
REPAIRED BY THE OWNER TO THE APPLICABLE GOVERNMENTAL STANDARDS AT
THE OWNER'S SOLE COST AND EXPENSE.
4. THERE SHALL BE NO ACCESS FROM THE PROPERTY TO ANY PUBLIC
STREETS EXCEPT AT THE APPROVED LOCATIONS SHOWN ON THE APPROVED
FINAL SUBDIVISION PLAN/FINAL SITE PLAN.
5. EXCEPT AS OTHERWISE AGREED TO BY THE CITY, ALL EXISTING
STRUCTURES (INCLUDING BUILDINGS, POWER LINES, EXISTING AERIAL AND
UTILITY FACILITIES) WILL BE REMOVED AND/OR TERMINATED PRIOR TO OR
DURING CONSTRUCTION OF THE DEVELOPMENT REPLACING THOSE USES.
6. ALL LEGAL INSTRUMENTS INCLUDING, BUT NOT LIMITED TO (I)
DECLARATIONS OF COVENANTS, EASEMENTS AND RESTRICTIONS FOR THE
PROPERTY; (II) ARTICLES OF INCORPORATION AND BYLAWS OF THE PROPERTY
OWNERS' ASSOCIATION (THE "ASSOCIATION"); AND (III) WARRANTY DEEDS,
EASEMENTS AND BILL OF SALE DOCUMENTS TO THE ASSOCIATION, THE CITY,
THE COUNTY AND/OR THE ST. JOHNS RIVER WATER MANAGEMENT DISTRICT
("SJRWMD") SHALL BE PROVIDED TO THE CITY FOR REVIEW AND APPROVAL
PRIOR TO PLATTING ALL OR A PORTION OF THE PROPERTY.
7. PARKING FOR INDIVIDUAL LOTS SHALL BE PROVIDED IN
ACCORDANCE WITH THE LAND DEVELOPMENT CODE.
8. EACH FIRE HYDRANT SHALL BE PAINTED OSHA YELLOW IN COLOR
AND A BLUE REFLECTIVE MARKER SHALL BE AFFIXED TO THE STREET IN THE
CENTER OF THE LANE CLOSEST TO EACH HYDRANT.
9. [INTENTIONALLY DELETED]
16
Revised 12-27-19
10. PURSUANT TO THE LAND DEVELOPMENT CODE, 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 OF THE CITY.
11. TO THE EXTENT ANY LIFT STATIONS ARE REQUIRED ON THE
PROPERTY THEY WILL BE CONVEYED TO THE CITY AT THE TIME OF PLATTING.
ALL SUCH LIFT STATIONS SHALL BE FENCED WITH BLACK, VINYL CHAIN-LINK
FENCE, WITH POSTS AND RAILS PAINTED BLACK OR WITH A DECORATIVE METAL
FENCE AS DETERMINED BY CITY STAFF AND SHALL BE SET BACK NO LESS THAN
25' FROM ANY STREET. SUCH LIFT STATIONS SHALL ALSO BE SCREENED WITH
HEDGE-TYPE SHRUBBERY, SUCH AS VIBURNUM OR LIGUSTRUM.
Section B. TREES
1. EXISTING TREES EIGHT FEET (8') OR LARGER (OTHER THAN CITRUS
TREES OR "TRASH" TREES) LOCATED ALONG PROPOSED LOCATIONS OF BUFFER
WALLS OR ROAD RIGHT-OF-WAY LINES WILL BE PRESERVED IF AT ALL POSSIBLE;
THE BUFFER WALLS AND ROADS WILL BE DESIGNED AROUND THOSE TREES TO
INCORPORATE THEM INTO REQUIRED LANDSCAPE BUFFERS AND AS STREET
TREES.
2. THE EXISTING GRADES ON INDIVIDUAL LOTS CONTAINING
PROTECTED TREES WILL BE MAINTAINED AS MUCH AS POSSIBLE TO PRESERVE
EXISTING PROTECTED TREES. FOR LOTS OR TRACTS CONTAINING PROTECTED
TREES, THERE WILL BE NO GRADING OR OTHER CONSTRUCTION ON THE SAME
EXCEPT AS SPECIFIED IN THE PLAN, UNTIL BUILDING PERMITS ARE ISSUED FOR
THOSE LOTS/TRACTS.
3. REMOVAL OF EXISTING PROTECTED TREES WILL BE LIMITED TO
CLEARING ROAD RIGHT-OF-WAY AND RETENTION AREAS AS DETAILED IN THE
PLAN. ALL EXISTING PROTECTED TREES ON INDIVIDUAL LOTS AND TRACTS WILL
BE EVALUATED AT THE TIME OF SITE PLAN REVIEW FOR THAT LOT OR TRACT, TO
DETERMINE WHETHER OR NOT EACH TREE NEEDS TO BE REMOVED.
4. IN ORDER TO ENSURE THAT AS MANY EXISTING TREES AS POSSIBLE
WILL BE PRESERVED, ALL ROAD RIGHTS-OF-WAY AND RETENTION AREAS WILL
BE FLAGGED FOR REVIEW BY THE CITY PRIOR TO ANY TREE REMOVAL. NO
CLEARING PERMITS WILL BE ISSUED FOR SITE WORK OR BUILDING
CONSTRUCTION UNTIL THE TREES TO BE PRESERVED HAVE BEEN CLEARLY
MARKED WITH TREE PROTECTION BARRIERS.
5. NO PERSON SHALL UNDERTAKE LAND CLEARING OR THE REMOVAL
OF ANY PROTECTED TREES WITHOUT FIRST OBTAINING A PERMIT FROM THE
BUILDING DEPARTMENT. THE REMOVAL OF PROTECTED TREES SHALL BE
MINIMIZED TO THE MAXIMUM EXTENT POSSIBLE AND NO AUTHORIZATION
17
Revised 12-27-19
SHALL BE GRANTED TO REMOVE A TREE IF THE OWNER HAS FAILED TO TAKE
REASONABLE MEASURES TO PRESERVE THE TREES ON SITE.
6. THE FINAL GRADING PLAN WILL PRESERVE EXISTING GRADES ON
INDIVIDUAL LOTS AND TRACTS CONTAINING PROTECTED TREES AS MUCH AS
POSSIBLE.
7. ALL LANDSCAPE AREAS WILL BE IRRIGATED AND HAVE AN
AUTOMATIC RAIN SENSOR.
Section C. EASEMENTS/UTILITIES
1. ALL CROSS ACCESS, UTILITY AND DRAINAGE EASEMENTS SHALL BE
PROVIDED PRIOR TO OR AT THE TIME OF PLATTING WITH RESPECT TO THE
PORTION OF THE PROPERTY BEING PLATTED.
2. ALL UTILITIES TO BE PLACED WITHIN THE EASEMENTS AS SHOWN ON
THE WEST END MODIFIED P/FSP PROVIDED THAT EASEMENTS WILL BE PLACED
AROUND EXISTING PROTECTED TREES TO BE PRESERVED.
3. ALL UTILITIES INCLUDING ELECTRICAL,CABLE,TV,AND TELEPHONE
AND INCLUDING ON-SITE EXISTING OVERHEAD WIRES SHALL BE PLACED
UNDERGROUND.
4. UNLESS OTHERWISE NOTED AND SUBJECT TO THE PROVISIONS OF
NOTE #6 AS SET FORTH IN EXHIBIT "C" HERETO, A FIVE FOOT (5') UTILITY AND
DRAINAGE EASEMENT WILL BE PLATTED ALONG ALL SIDE LOT LINES AND TEN
FOOT (10') UTILITY, DRAINAGE AND SIDEWALK EASEMENT ADJACENT TO THE
STREET RIGHT-OF-WAYS, EXCEPT THAT NO SIDEWALK EASEMENT WILL BE
REQUIRED FOR THE LOTS ADJACENT TO OLD WINTER GARDEN ROAD. SIDEWALKS
WILL ONLY BE PLACED IN THIS EASEMENT IF NECESSARY TO RUN THEM AROUND
EXISTING PROTECTED TREES TO BE PRESERVED. THE WEST END MODIFIED P/FSP
SHALL CONTROL IN THE EVENT OF ANY CONFLICT WITH THE FOREGOING.
5. ALL DRAINAGE, UTILITY AND MAINTENANCE EASEMENTS SHALL BE
FOR THE BENEFIT OF THE ASSOCIATION. THE LAND BURDENED BY SUCH
EASEMENTS SHALL BE OWNED BY THE INDIVIDUAL LOT OR TRACT OWNERS.
6. DRAINAGE EASEMENTS BETWEEN LOTS AND TRACTS ARE AS SHOWN
ON THE WEST END MODIFIED P/FSP UNLESS REVISED AS PART OF THE SITE PLAN
APPROVAL FOR A LOT.
7. A PERPETUAL, NON-EXCLUSIVE ACCESS EASEMENT OVER ALL
INTERNAL ROADWAYS AND OTHER PAVED AREAS IS HEREBY GRANTED IN FAVOR
OF THE CITY AND OTHER APPLICABLE AUTHORITIES FOR LAW ENFORCEMENT,
FIRE AND OTHER EMERGENCY SERVICES. THE CITY MAY REQUIRE THAT THE
OWNER EXECUTE AN EASEMENT IN RECORDABLE FORM WITH RESPECT TO THE
FOREGOING.
18
Revised 12-27-19
8. AN EMERGENCY ACCESS EASEMENT TO THE RETENTION PONDS AND
OVER ALL DRAINAGE EASEMENTS SHOWN HEREON IS HEREBY GRANTED TO THE
CITY FOR EMERGENCY MAINTENANCE PURPOSES. THE EMERGENCY ACCESS
EASEMENT WILL NOT IMPOSE ANY OBLIGATION, BURDEN, RESPONSIBILITY OF
LIABILITY UPON THE CITY TO ENTER UPON THE PROPERTY IT DOES NOT OWN OR
TAKE ANY ACTION TO REPAIR OR MAINTAIN THE DRAINAGE SYSTEM ON THE
PROPERTY.
Section D. ASSOCIATION
1. THE ASSOCIATION SHALL OWN AND MAINTAIN ALL COMMON
AREAS.
2. IN CONNECTION WITH THE RECORDING OF THE PLAT OF WEST END
PROFESSIONAL PARK UNIT 1, HELLER EXECUTED THAT CERTAIN DECLARATION
OF COVENANTS, CONDITIONS AND RESTRICTIONS OF WEST END PROFESSIONAL
PARK DATED JUNE 28, 1995 AS RECORDED IN OFFICIAL RECORDS BOOK 4918,PAGE
4879(THE"DECLARATION"). IN CONNECTION WITH THE RECORDING OF ANY PLAT
OR REPLAT OF THE PROPERTY, OR ANY PORTION THEREOF, THE DECLARATION
SHALL BE AMENDED TO INCLUDE THE FOLLOWING PROVISIONS:
i. PROVISION ALLOWING THE CITY TO LEVY, COLLECT, AND
ENFORCE ASSESSMENTS FOR MAINTENANCE OF COMMON AREAS IF THE
ASSOCIATION FAILS TO DO SO OR FAILS TO MAINTAIN ASSESSMENTS AT A LEVEL
ALLOWING FOR ADEQUATE MAINTENANCE.
ii. PROVISION GRANTING THE CITY THE RIGHT, BUT NOT THE
OBLIGATION, TO MAINTAIN ALL COMMON AREAS SHOULD THE ASSOCIATION
FAIL TO DO SO AFTER NOTICE FROM THE CITY. TO THE EXTENT THAT THE CITY
UNDERTAKES SUCH ACTION, THE CITY SHALL BE ENTITLED TO REIMBURSEMENT
FROM THE ASSOCIATION AND SHALL BE ENTITLED TO REQUIRE THE
ASSOCIATION TO LEVY ASSESSMENTS FOR THE PURPOSES OF PAYING SUCH
REIMBURSEMENT.
iii. PROVISIONS GRANTING THE CITY THE RIGHT, BUT NOT THE
OBLIGATION, TO MAINTAIN/REPAIR THE STORMWATER MANAGEMENT SYSTEM
FOR THE PROPERTY (THE "SWMS") AND OBTAIN REIMBURSEMENT FROM THE
ASSOCIATION, OR FROM HELLER IF(A)TURNOVER OF CONTROL OF THE MEMBERS
HAS NOT OCCURRED; OR(B)IF HELLER IS STILL RESPONSIBLE FOR MAINTENANCE
OF THE SWMS.
iv. PROVISION PROVIDING THAT THE SWMS WILL BE
TRANSFERRED TO A RESPONSIBLE OPERATION/MAINTENANCE ENTITY
ACCEPTABLE TO THE CITY IN THE EVENT OF DISSOLUTION AND THAT IF
DISSOLUTION OCCURS WITHOUT SUCH APPROVAL THEN THE CITY MAY
CONTINUE TO LEVY AND COLLECT ASSESSMENTS AND IMPOSE LIENS WITH
RESPECT THERETO NOTWITHSTANDING THE DISSOLUTION OF THE ASSOCIATION.
19
Revised 12-27-19
v. PROVISION THAT THE ASSOCIATION SHALL AT ALL TIMES BE
IN GOOD STANDING WITH THE FLORIDA SECRETARY OF STATE.
vi. PROVISION THAT AT THE TIME OF TURNOVER OF CONTROL OF
THE ASSOCIATION TO THE MEMBERS, THE DECLARANT SHALL DELIVER TO THE
NEW BOARD OF DIRECTORS THE MAINTENANCE PLAN FOR THE SWMS
ACCOMPANIED BY AN ENGINEER'S CERTIFICATION THAT THE SWMS 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, THAT DECLARANT SHALL BE REQUIRED TO DILIGENTLY
UNDERTAKE SUCH CORRECTIVE ACTION AT THE DECLARANT'S EXPENSE AND TO
POST A CASH BOND WITH THE ASSOCIATION FOR THE ESTIMATED COSTS OF SUCH
CORRECTIVE ACTION.
vii. PROVISION THAT NO PROPERTY OWNED BY THE CITY OR ANY
OTHER GOVERNMENTAL ENTITY SHALL BE SUBJECT TO ASSESSMENTS LEVIED BY
THE ASSOCIATION.
viii. PROVISION THAT ANY AMENDMENT TO ANY PROVISION
AFFECTING THE CITY OR SWMS REQUIRES THE CONSENT OF THE CITY IN AN
INSTRUMENT RECORDED WITH THE AMENDMENT.
3. ALL TRACTS THAT ARE TO BE OWNED AND MAINTAINED BY THE
ASSOCIATION SHALL BE CONVEYED TO THE ASSOCIATION BY WARRANTY DEED
AT THE TIME OF PLATTING. A SPECIAL WARRANTY DEED IS PERMISSIBLE IF
ACCOMPANIED BY A TITLE INSURANCE POLICY TO THE ASSOCIATION.
Section E. STREETS
1. FINAL STREET NAMING WILL BE COORDINATED THROUGH THE CITY
BUILDING DEPARTMENT AT THE TIME OF FINAL PLAT SUBMITTAL FOR EACH
PORTION OF THE PROPERTY BEING PLATTED.
SUBJECT TO THE PROVISIONS OF NOTE#22 AS SET FORTH IN SECTION
3(B) OF THIS AGREEMENT, HELLER BROS. COURT, THE ACCESS ROAD THROUGH A
PORTION OF THE PROPERTY, IS A PRIVATE ROAD WHICH WILL BE OWNED AND
MAINTAINED BY THE ASSOCIATION, WITH ACCESS AND UTILITY EASEMENTS
GRANTED TO THE CITY. SUCH ROAD WILL BE CONVEYED TO THE ASSOCIATION
AT THE TIME OF PLATTING.
STREET LIGHTS, SECURITY LIGHTS AND LIGHTING FOR COMMON
AREAS MEETING CURRENT LAND DEVELOPMENT CODE REQUIREMENTS SHALL
BE INSTALLED BY HELLER PRIOR TO CERTIFICATE OF COMPLETION AT HELLER'S
EXPENSE. HELLER AND THE ASSOCIATION WILL BE RESPONSIBLE FOR ALL
OPERATING COSTS RELATING TO SUCH LIGHTING. THE FOREGOING IS NOT
APPLICABLE TO STREET LIGHTING ALONG OLD WINTER GARDDEN ROAD WHICH
HAS PREVIOUSLY BEEN INSTALLED BY THE CITY AND IS MAINTAINED AND
OPERATED AT THE CITY'S COST.
20
Revised 12-27-19
2. IN THE EVENT GATES ARE INSTALLED ON THE PRIVATE ROADS, IF
ANY, THE GATES AND SUBDIVISION SHALL COMPLY WITH ARTICLE VIII, CHAPTER
34 OF THE ORANGE COUNTY CODE FOR GATED COMMUNITIES AS WELL AS ANY
AMENDMENTS TO THAT ARTICLE THAT MAY BE ENACTED PRIOR TO APPROVAL
OF A FINAL SITE PLAN WHICH PROVIDES FOR A GATED PRIVATE ROAD. FURTHER,
IN THE EVENT ORANGE COUNTY RESCINDS OR CEASES TO HAVE REGULATIONS
FOR GATED COMMUNITIES, THEN THE REGULATIONS IN EFFECT AT THE TIME OF
SUCH FINAL SITE PLAN APPROVAL SHALL CONTROL. ALL REFERENCES IN SAID
COUNTY CODE CHAPTER TO THE "COUNTY" SHALL BE DEEMED TO REFER TO THE
"CITY" FOR PURPOSES OF THIS REQUIREMENT.
3. HELLER SHALL CONSTRUCT APPROPRIATE CURBS CUTS TO ENABLE
CONSTRUCTION OF RAMPS AT ALL RIGHTS-OF-WAY INTERSECTIONS (AND OTHER
AREAS AS REASONABLY REQUIRED) IN ORDER TO ACCOMMODATE ACCESS TO
SIDEWALKS AND STREETS FOR PERSONS WHO ARE IN WHEELCHAIRS AND OTHER
PERSONS WHO ARE PHYSICALLY CHALLENGED. SIDEWALKS ABUTTING EACH
PLATTED LOT OR TRACT SHALL BE CONSTRUCTED AT THE TIME OF
DEVELOPMENT OF THE LOT OR TRACT. WHEN SIDEWALKS ARE CONSTRUCTED
ON CORNER LOTS AT CERTAIN LOCATIONS, THE SIDEWALKS WILL BE EXTENDED
TO THE CURB AND THE APPROPRIATE RAMPS WILL THEN BE CONSTRUCTED.
SIDEWALKS ADJACENT TO COMMON AREAS SHALL BE CONSTRUCTED AT THE
TIME OF PERMANENT CONSTRUCTION OF ADJACENT COMMON AREAS. THE
FOREGOING IS NOT APPLICABLE TO CURBCUTS AND SIDEWALKS WHICH HAVE
PREVIOUSLY BEEN CONSTRUCTED BY THE CITY ALONG OLD WINTER GARDEN
ROAD EXCEPT TO THE EXTENT THAT ANY LOTS ALONG OLD WINTER GARDEN
ROAD CONNECT TO THE EXISTING SIDEWALK.
Section F. STORMWATER MANAGEMENT SYSTEM
1. ALL RETENTION PONDS WILL BE UNFENCED WITH MAXIMUM 5:1 SIDE
SLOPES INTO THE POND; PROVIDED, HOWEVER, THAT THE FOREGOING SHALL
NOT BE CONSTRUED TO REQUIRE ANY MODIFICATIONS TO THE EXISTING
RETENTION POND WITHIN TRACT "A" OF THE PLAT OF WEST END PROFESSIONAL
PARK UNIT 1 WHICH HAS BEEN CONSTRUCTED PURSUANT TO THE WEST END
FINAL SUBDIVISION PLAN.
2. ALL BUILDING SETBACKS FROM ALL RETENTION AREAS SHALL BE
FIFTEEN FEET`(15') FEET FROM THE TOP OF THE BANK.
3. UNLESS OTHERWISE SPECIFICALLY PROVIDED FOR, THE SWMS,
INCLUDING ALL PIPES, INLETS, MANHOLES, STRUCTURES AND RETENTION
PONDS, WILL BE OWNED, OPERATED AND MAINTAINED BY THE ASSOCIATION.
4. NOTWITHSTANDING THE CONVEYANCE OF THE RETENTION PONDS
TO THE ASSOCIATION OR ANY PROVISION TO THE CONTRARY CONTAINED IN
THESE CONDITIONS OF APPROVAL, HELLER SHALL REMAIN RESPONSIBLE FOR
21
Revised 12-27-19
THE MAINTENANCE OF THE SWMS, INCLUDING ALL RETENTION PONDS, UNTIL
SUCH TIME AS:
i. THE ENTIRE SWMS FOR THE PROJECT IS CONSTRUCTED AND
THE APPROPRIATE CERTIFICATE OF COMPLETION IS ISSUED BY BOTH THE CITY
AND THE SJRWMD;
ii. THE RETENTION PONDS INTENDED TO BE CONVEYED TO THE
ASSOCIATION HAVE IN FACT BEEN CONVEYED TO THE ASSOCIATION;
iii. THE ASSOCIATION IS DESIGNATED AS THE MAINTENANCE
ENTITY ON THE RECORDS OF THE SJRWMD AND ALL TRANSFER RECORDS
REQUIRED BY THE SJRWMD HAVE BEEN EXECUTED AND ACCEPTED BY SJRWMD;
iv. THE CITY HAS BEEN PROVIDED WITH A COPY OF HELLER'S
PROPOSED MAINTENANCE PLAN WITH RESPECT TO THE SWMS; AND
v. THE CITY HAS BEEN PROVIDED WITH A WRITTEN STATEMENT
FROM THE ASSOCIATION ACKNOWLEDGING RECEIPT OF HELLER'S PROPOSED
MAINTENANCE PLAN WITH RESPECT TO THE SWMS AND THAT THE ASSOCIATION
IS RESPONSIBLE FOR THE MAINTENANCE OF THE SWMS.
5. ALL COMMON AREA IMPROVEMENTS INCLUDING ENTRY FEATURES,
WALLS, LANDSCAPING AND SIDEWALKS ALONG ALL ROADS, AS WELL AS
LANDSCAPING AROUND THE RETENTION POND TRACT(S) AND ANY LIFT STATION
TRACT SHALL BE COMPLETED PRIOR TO ISSUANCE OF THE CERTIFICATE OF
COMPLETION FOR THOSE CORRESPONDING PHASES.
Section G. WETLANDS/100 YEAR FLOOD PLAIN
6. ALL FINISHED FLOOR ELEVATIONS WILL EXCEED THE 100-YEAR
FLOOD PLAIN BY A MINIMUM OF TWO FEET (2').
7. THE OWNER SHALL COMPLY WITH ALL REQUIREMENTS OF THE CITY
AND OTHER GOVERNMENTAL ENTITIES WITH JURISDICTION TO PROTECT THE
WETLANDS BEING PRESERVED AND TO PREVENT ANY DISTURBANCE, SILTATION,
OR OTHER CONSTRUCTION BELOW THE NATURAL WETLAND LINES. FURTHER,
THE AREAS BELOW THE NATURAL WETLAND LINES SHALL BE FENCED OFF (AND
SILT FENCES SHALL BE INSTALLED) DURING CONSTRUCTION ACTIVITIES
IMMEDIATELY ADJACENT TO THE WETLANDS, IN ORDER TO MINIMIZE
DISTURBANCES OF THE WETLANDS DURING CONSTRUCTION.
8. WETLAND AND EXISTING SURFACE WATER IMPACT FOR THIS
PROPERTY IS REGULATED BY SJRWMD AND THE FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION. GENERAL OR INDIVIDUAL PERMITS ARE
REQUIRED FROM THESE AGENCIES PRIOR TO COMMENCEMENT OF
CONSTRUCTION.
22
Revised 12-27-19
9. [INTENTIONALLY DELETED]
10. IN CONNECTION WITH THE DEVELOPMENT PURSUANT TO THE WEST
END FINAL SUBDIVISION PLAN, A WETLANDS DETERMINATION WAS MADE WITH
RESPECT TO THE PROPERTY AND HELLER GRANTED TO ST. JOHNS RIVER WATER
MANAGEMENT DISTRICT (SJRWMD) A CONSERVATION EASEMENT DATED
NOVEMBER 15, 1993 AS RECORDED IN OFFICIAL RECORDS BOOK 4653, PAGE 4436,
PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA. IN CONNECTION WITH THE
DEVELOPMENT OF EACH LOT, THE OWNER SHALL COMPLY WITH THE
REQUIREMENTS OF SJRWMD WITH RESPECT TO UPLAND BUFFER REQUIREMENTS.
11. IN CONNECTION WITH THE PLAT OF WEST END PROFESSIONAL PARK
UNIT 1, HELLER DEDICATED TO THE CITY A DRAINAGE EASEMENT WITH RESPECT
TO THE TRACT A RETENTION POND. FURTHER,HELLER SUBSEQUENTLY GRANTED
TO THE CITY A DRAINAGE AND OUTFALL EASEMENT DATED FEBRUARY 16, 2000
AS RECORDED IN OFFICIAL RECORDS BOOK 5949, PAGE 3800. PRIOR TO OR AT THE
TIME OF DEVELOPMENT OF ANY PORTION OF THE PROPERTY, IFADDITIONAL
DRAINAGE EASEMENT(S) ARE REQUIRED, HELLER SHALL CONVEY TO THE SUCH
DRAINAGE EASEMENT(S),THE FORM OF WHICH SHALL BE APPROVED BY THE CITY
PRIOR TO THE CONVEYANCE.
Section H. MULTIFAMILY
1. ALL MULTIFAMILY RESIDENTIAL BUILDINGS COMPRISED OF THREE
(3) OR MORE DWELLING UNITS, REGARDLESS OF SQUARE FOOTAGE OR NUMBER
OF STORIES, WILL INCLUDE AUTOMATIC FIRE PROTECTION SYSTEMS.
2. OPEN SPACE BETWEEN UNITS NOT PART OF AN INDIVIDUAL LOT,
SHALL BE OWNED AND MAINTAINED BY THE ASSOCIATION.
3. THE PROJECT WILL COMPLY WITH SECTION 6-15 OF THE LAND
DEVELOPMENT CODE REGARDING MULTI-FAMILY DEVELOPMENT STANDARDS.
4. STREET TREES SHALL BE PROVIDED BY HELLER AT A RATE OF ONE
(1) TREE PER UNIT PRIOR TO CERTIFICATE OF OCCUPANCY FOR EACH BUILDING.
5. ALL DECLARATION OF COVENANTS AND RESTRICTIONS AFFECTING
THE MULTI-FAMILY PORTION OF THE PROPERTY SHALL INCLUDE THE
FOLLOWING PROVISIONS:
i. PROVISION PROVIDING THAT, OTHER THAN AS SPECIFICALLY
APPROVED BY THE CITY, SHORT TERM RENTALS (RENTAL TERM LESS THAN SIX
(6) MONTHS) SHALL BE PROHIBITED AND PROVIDING THAT THIS PROVISION MAY
BE ENFORCED BY THE CITY. THE CITY HAS APPROVED A LIMITED NUMBER OF
SHORT TERM RENTALS AS SET FORTH IN SECTION 3(D) OF THIS AGREEMENT.
23
Revised 12-27-19
ii. PROVISION 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.
iii. PROVISION PROHIBITING RV AND BOAT PARKING WITHIN THE
SUBDIVISION.
iv. PROVISION 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.
v. PROVISION REQUIRING A SIX FOOT(6')PRIVACY FENCE ON ALL
THREE (3) SIDES OF ANY LOT WITH AN ACCESSORY STRUCTURE, PER SECTION 5-
6B OF THE LAND DEVELOPMENT CODE.
vi. PROVISION REQUIRING LIMITATIONS ON THE SIZE AND
PLACEMENT OF ACCESSORY STRUCTURES AND PRIVACY FENCES IN CERTAIN
REAR YARDS.
vii. PROVISION REQUIRING ALL LOTS WITH FENCING TO HAVE A
GATED ENTRANCE ALONG THE REAR LOT LINE.
viii. PROVISION PROVIDING THAT TRASH PICKUP WILL BE
PROVIDED FOR EACH INDIVIDUAL UNIT AND THAT NO DUMPSTERS SHALL BE
UTILIZED FOR WASTE DISPOSAL.
ix. PROVISION PROVIDING THAT INDIVIDUAL OWNERS OF
INDIVIDUAL LOTS SHALL BE WHOLLY AND EXCLUSIVELY RESPONSIBLE, TO THE
EXTENT NECESSARY, FOR THE PERIODIC CLEAN-OUT, MAINTENANCE, UPKEEP,
REPAIR AND REPLACEMENT OF ALL ELEMENTS OF THE SANITARY SEWER SYSTEM
LOCATED ON THEIR RESPECTIVE LOT, FROM THE INSIDE OF THE HOME TO THE
BACK OF CURB WHERE THE LOT LINE ENDS. THE ELEMENTS OF THE SANITARY
SEWER SYSTEM SHALL INCLUDE, BUT NOT BE LIMITED TO, ALL PIPING,
"LATERALS" AND OTHER COMPONENTS OF THE SANITARY SEWER SYSTEM.
NEITHER THE ASSOCIATION NOR THE CITY NOR ANY OTHER THIRD PARTY SHALL
HAVE ANY RESPONSIBILITY FOR SUCH CLEAN-OUT, MAINTENANCE, UPKEEP,
REPAIR OR REPLACEMENT OF ANY COMPONENT OF THE SANITARY SEWER
SYSTEM LOCATED ON A LOT.
24
Revised 12-27-19
EXHIBIT "E"
WAIVERS
Code Citation Ocoee Code Standard CM Target Area 2 Proposed Standard
All Multifamily dwelling units shall have a The project overall weighted average unit site will be greater than 650
Section 6-15(E) minimum living area of six hundred fifty Square Feet with no more than 15%of the overall units having less than
(650)square feet per unit 650 square feet of living area.
There shall be a minimus separation of
twenty(20)feet between all multifamily Building spacing to be designed in accordance with the building code
Section 6.15(8.3) structureSetback s of two(2)stories or less and a Building Front and CM Target Area 2 Guidelines.Roof drains and drainage
minimum separation of thirty(30)feet minimum of 15 feet management will be implemented when buildings are spaced closer
between all multi-family structures three than 25 feet.
(3)stories or more
CRA Target Area 2 Followed- A minimum of 1.7 Parking Spaces per Residential Unit with compact
CM Target Area 2 Minimums 13 Parking Spaces spaces allowed.Overflow parking in mixed use areas will also be
per Unit considered as additional available parking beyond the requirement
The project shall follow the guidelines of Target Area 2 Open Space to
CM Target Area 2 Followed- include walking paths,apartment amenities suds as swimming pool and
CM Target Area 2 Park Space at 10%minimum of playground.Developer may also have the option to receive credits by
total area paying into the CM Park for open space,offsetting pars and recreation
impact fees.
CM Target Area 2 Minimum 25 Foot Setback
from Bluford Avenue or SR 50 15 Foot Minimum Setback from Bluford or Old Winter Garden Road
Minimum fifteen foot front yard setbacks Only addresses front yard at Developer will adhere to a fifteen foot front
Section 6-15(114) in residential areas shall apply to parking yard setback on main roads
areas and stormwater retention facilities.
15 Feet suds as Old Winter Garden Road as is reasonable
City of Ocoee
Give Plan Project will be considered Mixed Use,High Density Residential.Density
Comprehensive
e land Use HighDensity Residential-8.16 dwelling will be calculated at 8-16 Dwelling Units per Aue.Land area calculation
Elementunits per acre will include stemmata'pond and the conservation easement
Section VII surrounding Lake Lily.
Full landscaping plans,including automatic irrigation systems plans,
shall be submitted with final plans for approval.Trees will be placed to
best promote walkabdity and overall landscaping will meet Water Wise
and Florida Friendly aiteria.Street Trees on Old Winter Garden Road
will able be provided.
Minimum Building Height of
CM Target Area 2 One Story Use Target Area 2 Guidelines
Maximum Building Height of
Five Stories
All Multifamily developments shall
provide reaeational amenities within the
Section 6-9(82) site whim must indude a community Clubhouse will include a community meeting room and game area
meeting room lithe development has
more than 100 residential units
Maintenance-free masonry screening
Section 615(M) walls on side or rear property lines may Screening walls are not required unless hiding specific items suds as
be required to buffer surrounding trash corrals or undesirable items
properties from adverse site conditions
Internal Roadways Provides for road lanes and Developer will make an effort to make dominant entry into the
parking for block plans. development with wide sidewalks and street trees at arrival point.
25
Revised 12-27-19
EXHIBIT "F"
PROHIBITED USES
- Automobile Body Repair
- Automobile Repair
- Automobile Sales
- Boat Sales and Service
- Bus Terminal
- Car Wash
- Day Care
- Funeral Parlor
- Heating and Air Conditioning Sales and Service with outside storage
- Heating, Ventilating,Plumbing Supplies, Sales, &Service
- Medical Marijuana Dispensary
- Miniature Golf Course/Driving Range
- Mobile Home and Travel Trailer Sales
- Motor Vehicle Wholesale
- Monument Sales
- Nursery/Garden Supply Store
- Pawn Shop
- Pre-Fabricated House Sales
- Printing, Book Binding, Lithograph, and Publishing Plants
- Radio Broadcasting and TV Stations, Studios, & Offices
- Golf Course/Country Club
- School /Charter School
Uses Needing a Special Exception
- Fast food with drive-thru
- Dollar Store
- Any Bar and Lounge with an ancillary use other than food
- Gas Station
26
Revised 12-27-19
EXHIBIT "G"
LIFT STATION LETTER
[ATTACHED ON THE FOLLOWING PAGE]
28
Revised 12-27-19
+ C' �� IAS W,SUTRA.P.B.
CITY ENO/Nana t trrtt.Ctt@s DUMMY*,,,•--
tiosP COV
Pa &DIA Waft assimoy , JAMS
N.Waltman Darin•oases,rq ofID
PNONa(487)4.45-1321 EXT.143•Mx mew
July 9. 1999 t'*.
Mr.Glenn Jackson
P.o.Box 770249 •
Winter Garden,Florida 32777-0249
oio
Re: West End Professional Park Lift Station c�°'$
Dear Mr.Jackson;
Aa we discussed by phone,the building now occupies.ay CFI(Central Florida
Investments,Inc.)baa been connected to the city's sanitary sewer system.This was accomplished
by a connection to the gravity sewer line that runs along the south side of Profenal Parkway.
This line discharges to the Wept End Professional Park(the Perk)lift statical which is owned and
operated by the city.
You have expressed concern that due to the connection of CFI to this lift station,and the
potential connection of other businesses in the Area,there may in the future,be insufficient
capacity in the lits station for the complete development of the Park.
The lift station was designed to accommodate as anticipated sewage flow from the Park
based on various assumptions regarding future development,and this anticipated flow is an
record in the design calculations.If this design capacity is reached prior to the complete
development of the Park in accordance with city standards,the city will provide such upgrades to
this lift station as arc necessary,if any,to restore sufficient capacity as will allow complete
development of the Park to city standards.
If you have any questions on this,please cal or write.
Sincerely,
CITY OF OCOEE
-•^► ("-
James W.Shire.P.E.
City Brighiee r/Utilidee Director
cc: FAis Shapiro,City Manager
THE PRIDE OF WEST ORANGE
OR
29
Revised 12-27-19
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