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Item 08 Approval of Right of Way Utilization Agreement and Sign Easements for The Alibi at Lake Lilly Apartments.
Meeting Date: August 1.2023 COO18[t Name: Michael RUnl8[ Department Director: Michael RU008r Contact Number: Ext. 1018 City Manager: Robert Frank Subject: Approval of Right of Way Utilization Agreement and Sign Easements for The Alibi at Lake Lilly Apartments. (Development Services Director Rumer) Background Summary: The Alibi Apartments are located on the southeast corner at the intersection of Old Winter Garden Road and Maguire Road in CQnnnnimSion District 3 - Richard Fiotner. The property consists nf41O luxury multi -family residential dwelling units, developed in six (6) phases, on approximately 16.56 acres. /\Spart Ofthe development of The Alibi at Lake Lilly Apartments, the owner/developer Fore Property is installing two (2) monument signs along Old Winter Garden Road (see attached Site P|on). Amonument sign iabeing installed at the corner of Old Winter Garden Road and Professional Center Blvd. The sign is proposed to act as a Project|denUficaUon which has two-thirds of the signage allocated to the apartments (Fore) and one-third of the signage allocated to Lots 1 — 8 of the Lake Lilly Re9|Gt (Heller Brothers Property). This Project Identification Sign will be owned and maintained by the Association with Heller Bros controlling the use of the Tenant Signage portion. The other noOnUnn8nt sign that is being installed at the main 8nLn8nC8 to The Alibi is 8xC|USiv8|y for the 8p8MnnHntS and will beowned and maintained byLake Lilly Apartments. This eignagofor the apartments ienot intended tobeuproject idunbficaUunaign. Examples ofother signs located within ohg would bathe subdivisions ofSilver Glen and Brentwood. Issue: Should the Honorable Mayor and City Commissioners authorize the Mayor to execute RigUtilization Agreement and Sign Easements with Fore Property for the location Oftwo project SignG|OC8tedvvithintheO|d Winter Garden Road Right-Of-VV8y? Recommendations: Staff respectfully recommends the Honorable Mayor and City Commissioners authorize the Mayor to execute F(iQht-Qf-VVayUtilization Agreement and Sign Easements with Fore Property for the location oftwo project signS located within the Old Winter Garden Road Right-Of-VVay, Attachments: 1. Site Plan 2. Community Tenant sign 3. Anarn)9ntEntrance Sign 4. Tenant Sign City of Ocoee - 1 N. Bluford Avenue - Ocoee, Florida 34761 Page 78 of 163 Financial Impacts: None Type of Item: Consent City of Ocoee - 1 N. Bluford Avenue - Ocoee, Florida 34761 Phone: (407) 905-3100 - www.ocoee.org Page 79 of 163 COMMUNITY / 1 LIMIT OF WORK TENANT SIGN HS-640 _ P-101 1� 1 CARRIAGE BLDG 1 _ M1" P-101 r A .. I This document has been digitally signed and sealed by Digitally signed by Christian Langley, PE on the date noted in this digital Christian Langley g y signature. Printed copies of this document are not Date' 2022.10.27 considered signed & sealed, & the signature must be verified 09:45:58-04'00' on any electronic copies . r.l :A r�F�s':3 +3nnD 3: "rD�•, fiA COMMUNITY ENTRY SIGN s a3 OCT { ! 26 02 � l lit/,' 12000419 • • Client:THE 1 4 E LILLY • OE �"I� � r,1G ► r t- Num V t Revisions: 7 DATE: DESCRIPTION: J• 00_00 NR ? NR on-aa � NR oo-oo f . 00-00 NR 00-0o NR NR . 00_00 00_00 NR II F. 00_00 NR Sales Persona MIKE VOGEL Scale: AS NOTED Drawn by: .2� o U v� en ll CQ o. BANITZ M �,.N � II GLIENT/LANDLORD APPROVAL L2 Lr J '� ❑ APPROVED OR Z j 24" PLANTER POT ( l __ 1 V-105 _ ❑APPROVED AS NOTED o Q —I \HAS-6.6/21� ;.I ❑ REVISE AND RESUBMIT �y Y m P-105 P-101 S-201 CO P-101 !;IL, Signature = o Wr' Title:LU }I LL I— NR P-202 Date: n ry i 1 UITIONS AND MENSARE ABOVE tRNS ON THESE UflAWENGS ARE UN6EDGES THAT RSTOOD FAIdn CORRECT. e s 4J N y V so LU 0 — ASIPART OF AOPLANNED PROJECT AND ®SINOT L` DED 2 n P �o �v. Y TO BE EXHIBITED, COPIED OR REPRODUCED S 101 WITHOUT THE WRITTEN PERMISSION OF o U INTERNATIONAL SIGN COMPANY OR IT'S od -1 MAINT. AUTHORIZED AGENTS ALL RIGHTS RESERVED.rey o BLDG. — — U J I P-101 S-201 $I ILL PLY T 6' BENCH 011� ffilTRASH/ 5-101 P 204 RECYCLE 2020 (7 TEDITION) CLUBHOUSE. — S-201 PRIMARY ELECTRICAL POWER TO SIGN fl a TO BE BY OTHERS. ALL POWER TO BE o 120 VOLT UNLESS OTHERWISE STATED. m o CL ELECTRICAL TO USE > w U.L. LISTED COMPONENTSM c us AND SHALL MEET ALL M ,) IT212424 N.E.C. STANDARDS 2017 � vi T _ SIGN MUST BE GROUNDED IN COMPLIANCE WITH r MATCHLINE I-iS-403 ARTICLE OQOOFTHE NATIONAL ELECTRIC CODE. w^ i I SHEET NO. 103 Q 2 -Design requirements Code 2020 for use within&outside the High Hurricane Zone HVHZ. -This engineering certifies the structuralinte ut ofthoses stems components, and/or other constructionez licit) specified -Electrical notes details &s specifications provided and are the soleres responsibility oftheelectricalcontractor.Noelectricalreviewhasbeen erformedandnocertificationofsuchisintended. •Structuraldesi nmeetsrequirementsofACl318 C%8�18�WQANDS-18 General g q 9 ( ) 9 Y ( ) 9 9 Y q Y systems, p explicitly p � p p Y p Y p 9 Notes: as applicable. • Steel components shall be coated, painted, or otherwise protected against corrosion per FBC Sec 2203.2/2222.6. • Alum components in contact with steel or embedded in concrete shall be painted or protected as prescribed in ADM1-15(la), or plastic/neoplene spacers provided. • All exposed fasteners shall be S.S. or have a protective coating for corrosion protection. • All welding shall comply with AWS requirements. • Steel welds: E70xx electrodes. • Aluminum welds: 4043 filler alloy.. Alum extrusions: 6063-T6 or stronger, U.N.O. THIS INSTRUMENT PREPARED BY AND RETURN TO: Angela Shaw, Esq. Nelson Mullins Rilep & Scarborough--L*-Iii 390 North Orange Avenue, Suite 1400 Orlando, Florida 32801 RIGHT OF WAY UTILIZATION AGREEMENT This Right of Way Utilization Agreement and Project Sign Easement (Community/ Tenant Sign) (the "Agreement") is made and entered into this day of 1 2023, by and between the CITY OF OCOEE, a municipal corporation existing under the laws of the State of Florida, whose address is 150 Lakeshore Drive, Ocoee, Florida 34761 (hereinafter referred to as the "City"), LAKE LILLY APARTMENTS, LLC, a Delaware limited liability company, whose mailing address is 1741 Village Center Circle, Las Vegas, Nevada 89134 (hereinafter referred to as the "LLA"), LAKE LILLY PROFESSIONAL CENTER PROPERTY OWNERS ASSOCIATION, INC., a Florida not -for -profit corporation, whose mailing address is P.O. Box 770249 Winter Garden, FL 34777-0249 (hereinafter referred to as the "Association") and HEELER BROS. GROVES, a Florida general partnership, whose mailing address is P.O. Box 770249 Winter Garden, FL 34777- 0249 (hereinafter referred to as the "HBG") WITNESSETH: WHEREAS, LLA is the owner of that certain real property located in Orange County, Florida. as more particularly described in Exhibit "A" attached hereto and incorporated herein by reference (the "LLA ProDertv"), and this Agreement runs with the LLA Property. WHEREAS, the Association is the owner of the following real property located in Orange County, Florida: Tract A and Tract B of the Plat of West End Professional Park, Unit I according to the plat thereof as recorded in Plat Book 34, Page 139 of the Public Records of Orange County, Florida (the "Association Property"), and this Agreement runs with the Association Property. WHEREAS, HBG is the owner of the following real property located in Orange County, Florida: Lots I thru 6, inclusive, of the Plat of Lake Lilly Professional Center according to the plat thereof as recorded in Plat Book 104, Page 30 of the Public Records of Orange County, Florida (the "HBG Property"), and this Agreement runs with the HBG Property. WHEREAS, the LLA Property, the Association Property, and the HBG Property (collectively, the "Lake Lilly Property") are being developed pursuant to and in accordance with 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") as modified and affected by that certain Development Agreement between HBG, the Association and the City as recorded on January 27, 4863-3448-9941 v.10 Page 81 of 163 2020 under Document #20200053277, Public Records of Orange County, Florida (the "Development Agreement"), such development sometimes being referred to as "Lake Lilly Center". WHEREAS, the Lake Lilly Property constitutes all of the land within Lake Lilly Center. WHEREAS, the City's issuance of a right of way utilization permit to LLA is subject to the terms and conditions of this Agreement and the right of way utilization regulations adopted by the City in the Land Development Code for the following described limits and as graphically shown on Exhibit "B": Name of Roadway: OLD WINTER GARDEN ROAD (formerly known as Professional Parkway) Limits of Works: A community/tenant monument sign, which is a project identification sign for Lake Lilly Center as contemplated by Note 17 of the West End Modified P/FSP, and related landscaping, lighting, irrigation, and utilities, pursuant to this Agreement (collectively, the "Proiect Si2naize"). WHEREAS, the Project Signage has been approved by the City and is identified in building permit 3940-2022; and WHEREAS, the Project Sign Easement (as defined herein) is necessary so that the Project Signage can be installed in the Project Sign Easement Area (as defined herein) and visible from Old Winter Garden Road (formerly known as Professional Parkway). NOW THEREFORE, for $10.00 and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto, intending to be legally bound, do hereby agree as follows: 1. LrP .1 ect Signage. -0— a. LLA is authorized to construct the Project Signage in that portion of the City's right of way labeled "Project Sign Easement Area" and more particularly described on Exhibit "C" attached hereto (the "ProJect Sign Easement Area"), as generally depicted on Exhibit D attached hereto (the "Conceptual Sign Plan"). Subject to the rights of the Association and HBG, LLA may modify or alter the Project Signage from what is shown on the Conceptual Sign Plan from time to time, so long as such modification or alteration does not interfere with the use of the City's right of way and meets the City's current Land Development Code. City reserves the right to use the Project Sign Easement Area for such purposes as it may deem appropriate provided that such usage does not interfere with or block visibility of the Project Signage or otherwise conflict with the rights of LLA, HBG and/or the Association as provided in this Agreement. b. Upon completion of the Project Signage, the Association shall be the owner of the Project Signage and LLA shall execute all documents reasonably necessary to convey the ownership of the Project Signage to the Association, which documents shall be in form and substance reasonably acceptable to LLA and the Association. 21 Page Page 82 of 163 c. The sign panels on the Project Signage identified as "Tenant" space are to be controlled by HBG, its successors and assigns, for the benefit of the HBG Property and the future owners, tenants and subtenants thereof and the use thereof shall not require the approval of LLA. To the extent permitted by HBG, the foregoing rights may be exercised by HBG and its employees, agents, licensees, contractors, engineers, consultants, utility providers and tenants. d. The portions of the Project Signage identified as "The Alibi at Lake Lilly" are to be controlled by LLA, its successors and assigns, for the benefit of the LLA Property and the future owners, tenants and subtenants thereof and the use thereof shall not require the approval of HBG. 2. Grant of Project Signage Easement. City does hereby grant and convey to the Association, LLA and HBG for the use, benefit and enjoyment of the Association, LLA, and HBG, their successors and assigns, and their respective tenants, subtenants, employees and agents, in accordance with and subject to the rights and obligations of the Association., LLA and HBG as provided in this Agreement, a perpetual non-exclusive easement (the "Project Sifzn Easement") over, across, upon., under and through the Project Sign Easement Area for the purpose of ingress, egress, access, construction, installation, maintenance, operation, repair, use, relocation and replacement of the Project Signage. 3. Repair and Maintenance. Until such time as the development of the LLA Project is completed and LLA has received a final certificate(s) of occupancy for all of the buildings comprising the LLA Project (the "LLA Maintenance Period"), LLA shall, it is sole cost and expense, except as otherwise provided in Section 5 below, operate, repair, replace, and maintain the Project Signage, including trimming any trees that may interfere with the Project Signage, and all sod and landscaping in the Project Sign Easement Area. Once the LLA Project is completed as provided in the foregoing sentence, LLA shall provide prompt written notice of the same to the Association, and upon receipt and as of the date of receipt of such written notice and thereafter (the "Association Maintenance Period"), the Association shall be responsible, at its sole cost and expense, except as otherwise provided in Section 5 below, to operate, repair, replace, and maintain the Project Signage, including trimming any trees that may interfere with the Project Signage, and all sod and landscaping in the Project Sign Easement Area. The Association shall include in its annual budget the costs of such operation, repair, replacement, and maintenance costs. LLA, the Association and HBG, as applicable, shall cause any act of installation, construction, maintenance, repair, or replacement of the Project Signage to be performed under this Agreement in a good and workmanlike manner, and in compliance with all applicable governmental requirements. All electrical wiring shall be installed underground and shall be installed in such location as is first approved by City. 4. Term. The term of this Agreement shall be perpetual. This Agreement shall be binding upon and shall inure to the benefit of City, LLA, the Association and HBG and their successors, successors in title, legal representatives, and assigns. 31 P i g e Page 83 of 163 5. City Maintenance Obligations. Except as otherwise provided in Section 3 above, the City shall be responsible to maintain all hardscaping (sidewalks and pathways) within the Project Sign Easement Area, specialty street signs within the Project Sign Easement Area, the limits of works in the right of way area regardless of whether LLA installed such improvements, utilities, drainage systems, curbs and curb ramps, travel lane pavement, standard regulatory Project Signage and striping, and traffic control devices and traffic signals in the Project Sign Easement Area and the right of way area. 6. No Disturbance. Neither LLA nor the Association shall, while installing or maintaining the Project Signage, damage or disturb any portion of the City right of way outside of the Project Sign Easement Area without prior written approval by the City. If LLA or the Association, as applicable, damages or disturbs any such areas, LLA or the Association, as applicable, shall restore such areas to a similar condition prior to the damage or disturbance caused by LLA or the Association, as applicable, for the installation or maintenance of the Project Signage. 7. City of Right of Way. Nothing contained herein or by virtue of the installation and/or maintenance of the Project Signage shall give or grant LLA, HBG or the Association any prescriptive or adverse right, title, or interest in the City right of way. Neither this Agreement, nor any other permits issued by the City to LLA, HBG or the Association shall create any property right in the City's right of way. 8. Building Permits. The Project Signage governed by this Agreement is identified in building permit 3940-2022, which was reviewed and approved in accordance with the City Land Development Code. 9. No Interference. The Project Signage shall be constructed and maintained by LLA or the Association, as applicable, in such a manner as it will not interfere with the intended use of the City right of way or create a safety hazard for the use of the City right of way by the public. 10. Damaae. If LLA's construction of any of the Project Signage damages any improvements located within the City right of way as of the date of this Agreement, then LLA shall repair such damage as soon as reasonably possible after receipt of notification from the City at LLA's expense. Failure to promptly repair such damage shall entitle the City to repair such damage and LLA shall reimburse any costs incurred by the City for such repair within ninety (90) days after receipt of an invoice for the same. Failure to reimburse the City for the cost incurred by the City to repair the damage within such ninety (90) day period shall be cause for the following actions by the City: enforcement of the terms of this Agreement through the Ocoee City Code Enforcement Board; or enforcement of this Agreement through specific performance measures in accordance with the laws of the State of Florida. 11. Sight Distance. The Project Signage within the City right of way shall be located and maintained in such a manner as to not create a sight distance problem for existing road connections. Sight distance standards shall be those set forth in the latest edition of the FDOT Design Standards or City Land Development Code. 4 1 P a g e Page 84 of 163 12. Irriization. The City will not be responsible for any damage to the irrigation systems installed for the Project Signage in conjunction with this Agreement resulting from the issuance by the City of a right of way utilization permit and/or Site Development Plan Approval to any such user or resulting from any other user's activities within the City right of way. LLA agrees that before installation of any of the Project Signage within the Project Sign Easement Areas, LLA will contact "Sunshine State One Call" and withhold commencement of work until all underground utilities have been properly located and marked. 13. Indemnification. During the LLA Maintenance Period, LLA agrees to be liable for any and all damages, losses, and expenses incurred by the City caused by the negligent acts and/or omissions of LLA, or any of its employees, agents, sub -contractors, representatives, volunteers, or the like. To the extent permitted by law, during the LLA Maintenance Period, LLA agrees to indemnify, defend and hold the City harmless for any and all claims, suits, judgments or damages, losses and expenses, including but not limited to, court costs, expert witnesses, consultation services and reasonable attorney's fees, arising from any and all negligent acts and/or omissions of LLA, or any of its employees, agents, sub -contractors, representatives, volunteers, or the like. During the Association Maintenance Period, the Association agrees to be liable for any and all damages, losses, and expenses incurred by the City caused by the negligent acts and/or omissions of the Association, or any of its employees, agents, sub -contractors, representatives, volunteers, or the like. To the extent permitted by law, during the Association Maintenance Period, the Association agrees to indemnify, defend and hold the City harmless for any and all claims, suits, judgments or damages, losses and expenses, including but not limited to, court costs, expert witnesses, consultation services and reasonable attorney's fees, arising from any and all negligent acts and/or omissions of the Association, or any of its employees, agents, sub -contractors, representatives, volunteers, or the like. 14. INSURANCE. A. The insurance provisions provided in this Section 14 shall apply only to LLA during the LLA Maintenance Period and shall only apply to the Association during the Association Maintenance Period. B. No commencement or any installation and/or maintenance work in connection with this Agreement shall be started or performed until LLA or the Association, as applicable, has obtained all of the following types of insurance and has provided proof of same to the City, in the form of a certificate prior to the start of any work, nor shall LLA or the Association, as applicable, allow any subcontractor to commence work on its subcontract until all similar insurance required of the subcontractor has been so obtained and approved. All insurance policies shall be with insurers qualified and doing business in Florida. C. The following types of insurance, with the respective minimum limits, shall be maintained by LLA or the Association (as applicable): 51 Pige Page 85 of 163 men M-001 lamjlil I �## • 4. WORKERS' COMPENSATION: Employers liability insurance which covers the statutory obligation for all persons engaged in the performance of the work required hereunder with limits not less than $1,000,000.00 per occurrence. Evidence of qualified self-insurance status will suffice for this subsection. LLA and the Association each understands and acknowledges that it shall be solely responsible for any and all medical and liability costs associated with an injury to itself and/or to its employees, subcontractors, volunteers, and the like, including the costs to defend the City in the event of litigation against same. 15. Effectiveness. This Agreement shall become effective upon its execution by the parties to this Agreement and shall continue in full force and effect. 16. Amendments. Provisions, restrictions, and conditions of this Agreement shall not be modified or amended except in a written instrument which has been executed and acknowledged by authorized representatives of the parties to this Agreement. 17. Notices. All notices required or desired pursuant to this Agreement shall be made in writing and shall be delivered through the United States Postal Services, first class mail, postage prepaid and addressed to the following addresses: To the City: City of Ocoee Public Works Director 150 Lakeshore Drive Ocoee, Florida 34761 To LLA: LAKE LILLY APARTMENTS, LLC 1741 Village Center Circle Las Vegas, Nevada 89134 Attention: Ellen Richwine To the Association: LAKE LILLY PROFESSIONAL CENTER PROPERTY OWNERS ASSOCIATION, INC. P.O. Box 770249 Winter Garden, FL 34777-0249 Attention: Zach Heller 6 P a a e, C, Page 86 of 163 To HBG: HELLER BROS. GROVES P.O. Box 770249 Winter Garden, FL 34777-0249 Attention: Zach Heller 18. Covenants Running with the Land. This Agreement shall be binding upon and inure to the benefit of each party and each party's respective successors and assigns. This Agreement and the easements, rights, benefits and obligations of the parties under this Agreement shall run with, benefit and bind, as applicable, the titles to the Lake Lilly Property and the City's right of way and real property subject to this Agreement. 19. Singular and Plural Usages. Whenever used, the singular number shall include the plural, the plural the singular, and the use of any gender shall include all genders. 20. Headings. Descriptive headings are for convenience only and shall not control or affect the meaning or construction of any provision of this Agreement. 21. Severability. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereto, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. 22. No Public Dedication. Nothing contained in this Agreement shall create or shall be deemed to create any easements or use rights in the general public or constitute a public dedication for any reason whatsoever. 23. Execution in Counterpart. This Agreement may be executed by the parties in multiple counterparts, which when taken together shall have the full force and effect of a fully executed agreement between the parties. 24. Waiver of Jury Trial. EACH PARTY HEREBY WAIVES ANY RIGHT TO A JURY TRIAL AGREEMENT,IN CONNECTION WITH ANY DISPUTE BETWEEN THE PARTIES ARISING FROM THIS FROM ANY CLAIM ♦ !ISING HEREUNDER, ! ►. IN 1 NY COURSE OF CONDUCT RELATED HERETO. 25. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Venue of any litigation or administrative proceeding shall be exclusively in Orange County, Florida. 26. Attorneys' Fees. 1n the event that a party finds it necessary to commence an action against another party to enforce any provision of this Agreement or because of a breach by another party of any terms hereof, the prevailing party shall be entitled to recover from the non - prevailing party its reasonable attorneys' fees, paralegal fees and costs incurred in connection 71 Page Page 87 of 163 therewith, at both administrative, trial and appellate levels, including bankruptcy proceedings, without regard to whether any legal proceedings are prosecuted to judgment. 27. InterDretation. All parties acknowledge and agree that each has been given the opportunity to independently review this Agreement with legal counsel, has agreed to the particular language of the provisions hereof and has fully participated in the drafting of this Agreement. In the event of any ambiguity in or dispute regarding the interpretation of any provision of this Agreement, such dispute shall not be resolved by any rule of construction providing for interpretation against the party who causes the ambiguity, or against the drafter. All parties agree that in the event of any ambiguity or dispute regarding the interpretation of this Agreement, the Agreement will be interpreted as if each party hereto participated equally in the drafting hereof. 28. Exhibits. The Exhibits attached to this Agreement are hereby incorporated into this Agreement. (SIGNATURE PAGE TO FOLLOW) Page 88 of 163 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the day and year first written above. By: Printed /�ame: 6y: Printed*Name: re#,/'A14e^ STATE OF FLORIDA COUNTY OF Oyne, MM LAKE LILLY APARTMENTS, LLC, a Delaware limited liability company By: Printed: Christopher L. New Title: Authorized Signatory The foregoing instrument was acknowledged before me by means of [X] physical presence or U online notarization, this �9+%N day of -Tj\ 2023, by CHRISTOPHER L. NEW, as an Authorized Signatory of LAKE LILLY APARTMENTS, LLC, a Delaware limited liability company, on behalf of the company. He [\/,] is personally known to me, or [_] has produced (type of identification) as identification. TRAE BAKER AMY COMMISSION # HH 29M rv*.z EXPIRES: August 10, 2026 i [Affix Notary Stamp or Seal] Notary Signature: - 4 &/V\— Print Name: C�V-ey, Notary Public, State of 'r-�o r k't�a- Commission Number: kit* a,'i0it-t8o My Commission Expires: INQ )S+ aoa� Signature Page Page 89 of 163 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the day and year first written above. WITNESSES: CITY OF OCOEE, FLORIDA Print Name: Print Name: M. Rusty Johnson, Mayor Attest: Melanie Sibbitt, City Clerk (SEAL) FOR USE AND RELIANCE ONLY BY THE APPROVED BY THE OCOEE CITY CITY OF OCOEE, FLORIDA. Approved as COMMISSION AT A MEETING HELD ON to form and legality this day of UNDER ,2023. AGENDA ITEM NO. Shuffield, Lowman & Wilson, P.A. 0 City Attorney Signature Page Page 90 of 163 mfla�* '�b .1 I HEREBY CERTIFY that on this day, before me, by means of 0 physical presence or 0 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 ,2023. Signature of Notary Public (Print Notary Name) My Commission Expires: Commission No.: Signature Page Page 91 of 163 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the day and year first written above. Print Name: n ev �``M I U_ U 0- U. 0- U 67i I = - IL #JjZffljQ0 a Florida not -for -profit corporatio arry not-for-profit AVice-President The foregoing instrument was acknowledged before me by means of Z] physical presence or L_j online notarization, this (01.Vh day of 2023, by HARRY FALK, as Vice - President of LAKE LILLY PROFESSIONAL CENTER PROPERTY OWNERS ASSOCIATION, INC., a Florida not-fr-profit corporation, on behalf of the corporation. He is personally known to me, or [A ] has produced (type of identification) as identification. Notary Signature: V�� Print Name: \ftc-be P*-dRA,0V") Notary Public, State of NAAa- Commission Number: ;k*, V16 46r, My Commission Expires: -�mA I. W'g-4 [Affix Notary Stamp or Seal] Page 92 of 163 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the day and year first written above. Signed, sealed and delivered in the presence of: N J / Print Name: T, aymffly� �*� R911195am"t 21911"IF-119M KIM I'MIXONN9 -I - I By: HELLER BROS. PACKING CORP., a Florida corporation, Managing General Partner By: l44wf+a41*, Jey 4 kcmo�er Vice -President The foregoing instrument was acknowledged before me by means of LZ physical presence or [_] online notarization, this day of 2023, by e K as Vice -President of HELLER BROS. PACKING COkP., a Florida corporation, lanagein_g� General Partner of HELLER BROS. GROVES, a Florida general partnership, on behalf of said general partnership and corporation. He L!!�] is personally known to me, or [_] has produced (type of identification) as identification. Signature of Notary Public (Print Notary Name)V6WNW My Commission Expires: 401V Commission No.: 44 K 6 q 6 Page 93 of 163 A PARCEL OF LAND LYING IN SECTION 29, TOWNSHIP 22 SOUTH, RANGE i ORANGE COUNTY, FLORIDA. SAID PARCEL BEING MORE PARTICULARLY DESCRIBED A Ir 14(P�ige. Page 94 of 163 A eta P"m ^ THE ALIBI AT Awes a LAKE LILLY ' APARTMENTS ,rtaa• ZKJ „,max,/vAg crvto;. t :wuar..wcuxeras HARD9:W PLAN �Epr w E ere>wmarw�..�eaxe ..xv. ,m ttA WPIYER GM1RDEN PcC. cowxxm• � .�a�rroxn�—� .vw�ass�+�fr�w - iC"7+e..' ex+w f1fMi-0P wAY 4 tp�{ }, l t ,A��, ✓l �rr co DW r A .- I G'w i �Ilii4il/; II IIi ltiiilii � � I s.a, pm R rrecc(z CiU9iX3USE '_ sea• Rr(f 3 ,j HS-401 co Qo O Lti N (0 a [Attached — 2 pages] 161 Pa e Page 96 of 163 LEGAL DESCRIPWN SIGN EASEMENT A PORTION OF THE SOUTH RIGHT OF WAY OF OLD WINTER GARDEN ROAD AS DESCRIBED AND RECORDED IN OFFICIAL RECORDS BOOK 6423, PAGE 7285, PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA LYING WITHIN SECTION 29, TOWNSHIP 22 SOUTH, RANGE 28 EAST. MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF LOT 6, LAKE LILLY PROFESSIONAL CENTER SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 104, PAGE 30, PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA, SAID POINT ALSO BEING ON THE SOUTHERLY RIGHT OF WAY LINE OF OLD WINTER GARDEN ROAD; THENCE SOUTH 89'42'11" WEST ALONG SAID SOUTHERLY RIGHT OF WAY LINE, A DISTANCE OF 306,20 FEET; THENCE SOUTH 44`44'33" WEST, A DISTANCE OF 70.65 FEET; THENCE SOUTH 89'40'56" WEST, A DISTANCE OF 60.23 FEET; THENCE NORTH 45'18'32" WEST, A DISTANCE OF 70.65 FEET; THENCE SOUTH 89'42'11" WEST, A DISTANCE OF 289.34 FEET; THENCE SOUTH 44'36'29" WEST, A DISTANCE OF 30.45 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 44'36'29" WEST, A DISTANCE OF 22,33 FEET; THENCE DEPARTING SAID SOUTHERLY RIGHT OF WAY LINE NORTH 45'23'31" WEST, A DISTANCE OF 8.50 FEET; THENCE NORTH 44'36'29" EAST, A DISTANCE OF 22,33 FEET, THENCE SOUTH 45'23'31" EAST, A DISTANCE OF 8.50 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 190 SQUARE FEET, MORE OR LESS. ,`SURVEYOR'S NOTES- 1. THIS IS NOT A BOUNDARY SURVEY. 2. THE PURPOSE OF THIS SKETCH OF DESCRIPTION IS TO DESCRIBE THE LIMITS OF AN ENTRANCE SIGN EASEMENT. 3. NO CORNERS WERE SET AS PART OF THIS SKETCH OF DESCRIPTION, 4. THIS SKETCH OF DESCRIPTION IS NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. 5. BEARINGS SHOWN HEREON ARE ASSUMED AND BASED ON THE NORTH LINE OF THE SOUTH 1/2 OF THE NORTHWEST 1/4 SECTION 29, TOWNSHIP 22 SOUTH, RANGE 28 EAST BEING SOUTH 89-42'11" WEST. MROUS N = AND ,IBREMAMON NORTH I. EMD R/W = RIGHT OF WAY E = EAST COR. = CORNER S = SOUTH PG(S) = PAGE (PAGES) W = WEST AVE, = AVENUE OC DOC = ORANGE COUNTY ORB = OFFICIAL RECORDS BOOK DOCUMENT N0. = NUMBER PB = PLAT BOOK L1 = LINE NUMBER LAKE LILLY - OCOEE PROJECT PROJECT No 21CID531DRADIN DATE SURVEY 6" NtA4EelEVt'CC By SURVEY MttE N/Ai APPROV<0 4+ DRAK'N BY Cal IWEN I-tLE No, NO, DATE We ) RESC21PTI. N SURVEYOR'S CERTIFICATION i HF REBY CERTIFY THAT THE A:ETCH AND DESCRIPTION REPRESENTED HEREON IS TIO E AND CORREC7 TO THE REST OF MY NN0W EDGC, NrOAMATION. AND BELIEF, IT HAS BEEN PREPARED IN ACCORDANCE N'I FH THE STANDARDS SET FORTH IN CHAPTER SI 17 OF THE FLORIDA ADMINISTRATIVE CODE PURSUANT 70 TO CHAPTERS 177 AND 472 Of THE FLORIDA STATUES, Digitally signed 6y ;••,i;,,•l"';�+.°e�:'? Sherry Manor :Date: 1707.42 '� r��2023.07.10 -04Yp' r l_` 5HFRRrvL MANOR PEM ISR 6961 , me CERTIFICAnQbL$ TO: LAKE LILLY PROFESSIONAL CENTER PROPERTY OWNER'S ASSOCIATION, INC.; LAKE LILLY APARTMENTS, LLC; HELLER BROS GROVES; CITY OF OCOEE SHEET 1 OF 2 SEE SHEET 2 FOR SKETCH 46S STATE 2OA04361 SU TE 117 1 CASSELBERRd, TL 132707 > (R`- 4n7 48' 3A36 I FAX 477 ART 6541 W^ %SSl RVEYOR COM INFO¢1$SURVEvDR''OM >R;tRF5410NAi 411Rt�fY�R & k'APPFR RI& A'APPFR RI ISiNFCS i fFN:,T I I4#7R1q 171 Page Page 97 of 163 SKETCH OF DESCRIP*nON SIGN EASEMENT N 120 240 i Feet OLD WINTER GARDEN ROAD (ALSO KNOWN AS PROFESSIONAL PARKWAY) 15.00' SEWER AND WATER EASEMENT 15OV SEWER AND WATER EASEMENT PUBLIC RIGHT OF WAY 1,70' DE) SLOPEASEMENT AGREEMENT SLOPE ORB EA 6423, PG 7301 WIDE) OPOR13 6423, BIG 7301 ASPHALT PAVED ROADWAY (WIDTH VARIES) ORB S423, PIG 7313 E EASEMENT AGREEMENT PER ORB 6423, PC 7285 2BB 6423, PG 7313 S89-42'11-W (BEARING BASIS) SOUTHERLY RIGHT OF WAY LINE OLD WINTER GARDEN ROAD S89*42'1 1 *`W S8942 589*42'11"W 289.34 N4518 32 W > L5 7 70.65' -- 306.202— uj I- — — — — — — — — — — — — 0 POINT OF m OF -44'33�W POINT OF BEGINNING--\�S T COMMENCEMENT V) Ll I :UTH LINE OF /�S44 T SEE DETAIL BELOW EASEMENT 70.65 ' NW CORNER, LOT 6, LAKE LILLY of 0 L2 15.00' EASEMENT ZI S89*40'56*W 05 L3 PROFESSIONAL CENTER Ed SUBDIVISION PB 104, PC 30 45 LAKE LILLY APARTMENTS, LLC 60.23' a PARCEL NO. 29-22-28-0000-00-007 oca -J OC DOC#2021768548 < o Z 0 LAKE LILLY APARTMENTS, LLC UTILITY EASEMENT PARCEL NO, 29-22-28-0000-00-007 V) V) PARCEL. SEWER AND WATER EASEMENT OC DOC#2021766548 PER ORB 5949, PO 3800 uU 0 EL 15.00' SEWER AND WATER EASEMENT OFFICIAL RECORD BOOK 6423, PACE 7301 LINE TABLE SLOPE EASEMENT AGREEMENT OFFICIAL RECORD BOOK 6423, PAGE 7313 S89*42'11*W 269.34' LINE NO. BEARING LENGTH �s — — — — � Ll S44*36'29"W 30.45' L2 S44-36I29"W I 22,33' SOUTH LINE OF l I L3 N 45 -2 3'31 " W 8.50' z S 15.00' EASEMENT Ed OR POINT OF BEGINNING L4 N44*36'29"E 22.33' -J> < � < N LU L5 S45*23 8.50' (n 0 (n DO SOUTHERLY RIGHTT OF WAY w -0 LINE OF OLD u- UO WINTER GARDEN ROAD 0 w EL 0 40 80 SHEET 2 OF 2 I : Feet SEE SHEET 1 FOR DESCRIPTION SURVEYOR'S CERTIFICATION I HEREBY CERTIFY THAT THE SKETCH AND DESCRIPTION REPRESENTED HEREON STRUE AND C RRECT TO THE BEST OF MY KNOWLEDGE, INFORMATION, ANb BELIEF. IT HAS BEEN PREPARED IN ACCORDANCE WITH THE STANDARDS SET FORTH IN CHAPTER S! 17 OV Tl: `LORDA ADMINISTRATIVE CODE PURSUANT TO TO CHAPTERS 177 AND A72 OF THE F,CAIDA STATUES LAKE LlI LY - OCOEE PROJECT L ET S PROJECT N.. '711ED4�1'm 212101111 SURVEY By N?'A SIM Diversified Si RVEY DATE N/A APPq--Vt--)BY SIM 'Iftl 04-W DRAWN BY CRT CLILNI F Lt Na NA 4F;-S'RTFROA 416 SIJTF 1171 -115SFtAFRRYFt DA-1 11 UES'Rpllum PJ,EBNE�07_�31 '83' IFAX4076BIL6541 SHERRY LllA-%OR,PS -1546961 WV,`W LKIUFVEVCN,COM: INSCA iSURVEYOP,CQA DRkl-'ESSJONAt9,lRV'fO3AMAPPFABI'SINESS[IrfNSFI-807RJ9 18 1 P a g e Page 98 of 163 MEL fi RM311ASMI 1ARRIat"HINH " Page 99 of 163 THIS INSTRUMENT PREPARED BY AND RETURN TO: Angela Shaw, Esq. Nelson Mullins Riley & Scarborough, LLP 390 North Orange Avenue, Suite 1400 Orlando, Florida 32801 F 1130rej W-1 E"Ll .1110 IM El"Off WNW] 010 131121 W&A V.111 14 My I NO a My V "Jim This Right of Way Utilization Agreement and Sign Easement (Apartment Entrance Sign) (the "Agreement") is made and entered into this day of , 2023, by and between the CITY OF OCOEE, a municipal corporation existing under the laws of the State of Florida, whose address is 150 Lakeshore Drive, Ocoee, Florida 34761, hereinafter referred to as the "City", and LAKE LILLY APARTMENTS, LLC, a Delaware limited liability company, whose mailing address is 1741 Village Center Circle, Las Vegas, Nevada 89134, hereinafter referred to as the "Grantee". WITNESSETH: WHEREAS, the City's issuance of a right of way utilization permit to Grantee is subject to the terms and conditions of (i) this Agreement; and (ii) the right of way utilization regulations adopted by the City in the Land Development Code for the following described limits and as graphically shown on Exhibit "A": Name of Roadway: OLD WINTER GARDEN ROAD (formerly known as Professional Parkway) Limits of Works: Monument Signage for Multifamily Apartment Complex commonly known as The Alibi and related landscaping, lighting, irrigation, and utilities, owned by, and for the exclusive use of, Grantee, as further described in this Agreement (the "Apartment Signage"). WHEREAS, this Agreement runs with the Grantee's real property boundary described in Exhibit "B" attached hereto (the "Grantee's Property"); WHEREAS, the Apartment Signage has been approved by the City and is identified in building permit 3940-2022-, and WHEREAS, the Apartment Sign Easement (as defined herein) is necessary so that the Apartment Signage can be installed in the Apartment Sign Easement Area (as defined herein) and visible from Old Winter Garden Road (formerly known as Professional Parkway). NOW THEREFORE, for $10.00 and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto, intending to be legally bound, do hereby agree as follows: Rev 4-25-23 Page 100 of 163 Grant of Apartment Sianaize Easement to Grantee. City does hereby grant and convey to Grantee, for the use, benefit and enjoyment of Grantee, its successors and assigns, and its and their respective tenants, subtenants, employees and agents, a non-exclusive easement (the "Apartment Sijzn Easement") over, across, upon, under and through that portion of the City's right of way labeled "Apartment Sign Easement Area" and more particularly described on Exhibit "C" attached hereto (the "Apartment Sian Easement Area"), for the purpose of ingress, egress, access, construction, installation, maintenance, operation, repair, use, relocation and replacement of the Apartment Signage, as generally depicted on Exhibit "D" attached hereto (the "Conceptual Sign Plan"). Subject to the approval of the Association (as defined below), which approval shall not be unreasonably withheld, Grantee may modify or alter the Apartment Signage from what is shown on the Conceptual Sign Plan from time to time, so long as such modification or alteration does not interfere with the use of the City's right of way and meets the City's current Land Development Code. City reserves the right to use the Apartment Sign Easement Area for such purposes as it may deem appropriate provided that such usage does not interfere with or block visibility of the Apartment Signage or otherwise conflict with Grantee's rights as provided in this Agreement. Repair and Maintenance. Grantee shall repair, replace, and maintain the Apartment Signage (including trimming any trees that may interfere with the Apartment Signage) at its sole cost and expense, except as otherwise provided in Section 4 below. Grantee shal I cause any act of installation, construction, maintenance, repair, or replacement of the Apartment Signage to be performed under this Agreement in a good and workmanlike manner, and in compliance with all applicable governmental requirements. All electrical wiring shall be installed underground, and shall be installed in such location as is first approved by City. In the event that Grantee fails to operate, maintain, and repair the Apartment Signage as provided in this Section, prior to taking any enforcement action hereunder, the City shall first give notice of such non- compliance to Lake Lilly Professional Center Property Owners Association, Inc., a Florida not -for -profit corporation (the "Association"), and the Association shall have the right, but not the obligation, to cure such non-compliance within thirty (30) days after receiving notice from the City. In the event that the Association fails to cure such non-compliance within such thirty (30) day period, the City may thereafter exercise all of its rights and remedies available under this Agreement. 3. Term. The term of this Agreement shall be for an original term of the ten (10) years, and shall thereafter automatically renew for consecutive ten (10) year terms. This Agreement shall be binding upon and shall inure to the benefit of City and Grantee, and their successors, successors in title, legal representatives and assigns. Additionally, notwithstanding anything to the contrary herein, the parties acknowledge and agree that the Association is an intended third -party beneficiary of this Agreement. 4. City Maintenance Obligations.. Except as otherwise provided in Section 2 above, the City shall be responsible to maintain all hardscaping (sidewalks and pathways) within the Apartment Sign Easement Area, specialty street signs within the Apartment Sign Easement Area, the limits of works in the right of way area regardless of whether the Grantee installed such improvements, and the utilities, drainage systems, curbs and curb ramps, travel lane pavement, standard regulatory signage and striping, and traffic control devices and traffic 2 1 P a g e Page 101 of 163 signals in the Apartment Sign Easement Area and the right of way area. 5. No Disturbance. The Grantee shall not, while installing or maintaining the Apartment Signage, damage or disturb any portion of the City right of way outside of the Apartment Sign Easement Area without prior written approval by the City. If Grantee damages or disturbs any such areas, the Grantee shall restore such areas to a similar condition prior to the damage or disturbance caused by Grantee for the installation or maintenance of the Apartment Signage. 6. City of Right of Way. Nothing contained herein or by virtue of the installation and/or maintenance of the Apartment Signage shall give or grant the Grantee any prescriptive or adverse right, title, or interest in the City right of way. Neither this Agreement, nor any other permits issued by the City to the Grantee shall create any property right in the City's right of way. 7. Building Permits. The Apartment Signage governed by this Agreement is identified in building permit 3940-2022 which was reviewed and approved in accordance with the City Land Development Code. No Interference. The Apartment Signage shall be constructed and maintained by Grantee in such a manner as it will not interfere with the intended use of the City right of way or create a safety hazard for the use of the City right of way by the public. 9. Damaize. If the construction of any of the Grantee's Apartment Signage damages any improvements located within the City right of way as of the date of this Agreement, the Grantee shall repair such damage as soon as reasonably possible after receipt of notification from the City at Grantee's expense. Failure to promptly repair such damage shall entitle the City to repair such damage and the Grantee shall reimburse any costs incurred by the City for such repair within ninety (90) days after receipt of an invoice for the same. Failure to reimburse the City for the cost incurred by the City to repair the damage within such ninety (90) day period shall be cause for the following actions by the City: enforcement of the terms of this Agreement through the Ocoee City Code Enforcement Board; or enforcement of this Agreement through specific performance measures in accordance with the laws of the State of Florida. 10. Sight Distance. The Apartment Signage within the City right of way shall be located and maintained in such a manner as to not create a sight distance problem for existing road connections. Sight distance standards shall be those set forth in the latest edition of the FDOT Design Standards or City Land Development Code. 11. Irrigation. The City will not be responsible for any damage to the Grantee's irrigation systems installed in conjunction with this Agreement resulting from the issuance by the City of a right of way utilization permit and/or Site Development Plan Approval to any such user or resulting from any other user's activities within the City right of way. The Grantee agrees that before installation of any of the Apartment Signage within the Apartment Sign Easement Area, Grantee will contact "Sunshine State One Call" and withhold commencement of work until all underground utilities have been properly located and marked. 3 1 11age Page 102 of 163 12. Indemnification. The Grantee agrees to be liable for any and all damages, losses, and expenses incurred by the City caused by the negligent acts and/or omissions of the Grantee, or any of its employees, agents, sub -contractors, representatives, volunteers, or the like. To the extent permitted by law, the Grantee agrees to indemnify, defend and hold the City harmless for any and all claims, suits, judgments or damages, losses and expenses, including but not limited to, court costs, expert witnesses, consultation services and reasonable attorney's fees, arising from any and all negligent acts and/or omissions of the Grantee, or any of its employees, agents, sub -contractors, representatives, volunteers, or the like. 13. INSURANCE. A. The Grantee shall not commence any installation and/or maintenance work in connection with this Agreement until it has obtained all of the following types of insurance and has provided proof of same to the City, in the form of a certificate prior to the start of any work, nor shall the Grantee allow any subcontractor to commence work on its subcontract until all similar insurance required of the subcontractor has been so obtained and approved. All insurance policies shall be with insurers qualified and doing business in Florida. B. The Grantee shall maintain the following types of insurance, with the respective minimum limits: 1. AUTOMOBILE LIABILITY: Combined Property Damage and Bodily Injury, One Million Dollars ($1,000,000.00) — Any Auto; 2. GENERAL LIABILITY: One Million Dollars ($1,000,000.00) each occurrence; 4. WORKERS' COMPENSATION: Employers liability insurance which covers the statutory obligation for all persons engaged in the performance of the work required hereunder with limits not less than $1,000,000.00 per occurrence. Evidence of qualified self-insurance status will suffice for this subsection. The Grantee understands and acknowledges that it shall be solely responsible for any and all medical and liability costs associated with an injury to itself and/or to its employees, subcontractors, volunteers, and the like, including the costs to defend the City in the event of litigation against same. 14. Effectiveness. This Agreement shall become effective upon its execution by both parties and shall continue in full force and effect until terminated as provided in this Agreement. 15. Amendments. Provisions, restrictions, and conditions of this Agreement shall not be modified or amended except in a written instrument which has been executed and acknowledged by authorized representatives of the Grantee and the City. 4 1 Page Page 103 of 163 16. Notices. All notices required or desired pursuant to this Agreement shall be made in writing and shall be delivered through the United States Postal Services, first class mail, postage prepaid and addressed to the following addresses: To the City: City of Ocoee Public Works Director 150 Lakeshore Drive Ocoee, Florida 34761 To the Grantee: LAKE LILLY APARTMENTS, LLC 1741 Village Center Circle Las Vegas, Nevada 89134 Attention: Ellen Richwine With a copy to: LAKE LILLY PROFESSIONAL CENTER PROPERTY OWNERS ASSOCIATION, INC. P.O. Box 770249 Winter Garden, FL 34777-0249 Attention: Zach Heller 17. Covenants Runnin.L, with the Land. This Agreement shall be binding upon and inure to the benefit of each party and each party's respective successors and assigns. This Agreement and the easements, rights, benefits and obligations of the parties under this Agreement shall run with, benefit and bind, as applicable, the titles to the Grantee's Property and the City's right of way and real property subject to this Agreement. 18. Singular and Plural Usages. Whenever used, the singular number shall include the plural, the plural the singular, and the use of any gender shall include all genders. 19. Headings. Descriptive headings are for convenience only and shall not control or affect the meaning or construction of any provision of this Agreement. 20. Severabilitv. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereto, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. 21. No Public Dedication. Nothing contained in this Agreement shall create or shall be deemed to create any easements or use rights in the general public or constitute a public dedication for any reason whatsoever. 22. Execution in Counterpart. This Agreement may be executed by the parties in multiple counterparts, which when taken together shall have the full force and effect of a fully executed agreement between the parties. 5 1 Pa F, e .1 Page 104 of 163 E3. Waiver of Jur,v Trial. EACH PARTY HEREBY WAIVES ANY RIGHT TO A JURY TRIAL IN CONNECTION WITH ANY DISPUTE BETWEEN THE PARTIES ARISING FROM THIS AGREEMENT, FROM ANY CLAIM ARISING HEREUNDER, OR IN ANY COURSE OF CONDUCT RELATED HERETO. 24. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Venue of any litigation or administrative proceeding shall be exclusively in Orange County, Florida. 25, Attorneys' Fees. In the event that a party finds it necessary to commence an action against another party to enforce any provision of this Agreement or because of a breach by another party of any terms hereof, the prevailing party shall be entitled to recover from the non - prevailing party its reasonable attorneys' fees, paralegal fees and costs incurred in connection therewith, at both administrative, trial and appellate levels, including bankruptcy proceedings, without regard to whether any legal proceedings are prosecuted to judgment. 26. Interpretation. All parties acknowledge and agree that each has been given the opportunity to independently review this Agreement with legal counsel, has agreed to the particular language of the provisions hereof and has fully participated in the drafting of this Agreement. In the event of any ambiguity in or dispute regarding the interpretation of any provision of this Agreement, such dispute shall not be resolved by any rule of construction providing for interpretation against the party who causes the ambiguity, or against the drafter. All parties agree that in the event of any ambiguity or dispute regarding the interpretation of this Agreement, the Agreement will be interpreted as if each party hereto participated equally in the drafting hereof. 27. Exhibits. The Exhibits attached to this Agreement are hereby incorporated into this Agreement. (SIGNATURE PAGE TO FOLLOW) 6 1 P age, Page 105 of 163 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the day and year first written above. WITNESSES: By: wel Print me: �c-uf- 0,j4 By: Print Name: ';Fe*j'k <^ -f/u i STATE OF FLORIDA COUNTY OF OY-III tkn LAKE LILLY APARTMENTS, LLC, a Delaware limited liability company By: Printed: Christopher L. New Title: Authorized Signatory The foregoing instrument was acknowledged before me by means of [X] physical presence or [_j online notarization, this kt+", day of 'TQkv 2023, by CHRISTOPHER L. NEW, as an Authorized Signatory of LAKE LILLY APAI�rMEN'TS, LLC, a Delaware limited liability company, on behalf of the company. He M is personally known to me, or [_j has produced tj / 14 (type of identification) as identification. TRAE BAKER MY COMMISSION # HH 29CABO V EXPIRES: August 10, 2026 [Affix Notary Stamp or Seal] Notary Signature: Print Name: -Tyr-kc 6&V- 0- r Notary Public, State of Vk of Ju, Commission Number: � � ;LAq LA � o My Commission Expires: Aj k- Signature Page Page 106 of 163 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the day and year first written above. WITNESSES: By: Printed Name: FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA. Approved as to form and legality this day of ,2023. M WE= CITY: CITY OF OCOEE, FLORIDA LIA Rusty Johnson, Mayor Attest: Melanie Sibbitt, City Clerk (SEAL) APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING HELD ON UNDER AGENDA ITEM VO. Signature Page Page 107 of 163 STATE OF FLORIDA 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 sea] in the County and State last aforesaid this day of ,2023. Signature of Notary Public (Print Notary Name) My Commission Expires: Commission No.: Page 108 of 163 PM1ATct L'N'F is 4(i2 ? ----------- 10 F' a e Page 109 of 163 ..*§l<\!�.* .?$ya:,� �•a, , Iwof ■•!». :e . ., ■W:aT ■•., ; .$• , .1,. �. ■ $ S FOLLOWS: ��e ��■ :e� � »:� �.e�, ,. �e'. ; »ate! $ .�.■�e e '�'«.� ; |■� »�.$.lf.�< .:$ .$,2� ■e ■,, $� ||-,w � • � �■|■ � . �■ � '■-� e« � <..e � f < ,». $ .f..,. a; e»■ .�? • ,!■ 'e�■�� ■'e. � a�«� :» �e2: e� ! � : $: � f ■� -.■�# `�' � »§ � a<!�! ».. ! ■ ■ -. ! <.: ■ » � . . .� .$ �■■t � . . :, ,■.,. . :■ * fe w� e . � . ■�.�le »»�' e;.'� l... ,. � „$ $... !,!y � $ : ,�, �. !;. �' e. ! - ,■ ■�. 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' ' < � a � : • �a � �!� � • e.. � f�� �.�.. e �® <.♦ � 2 e'a � � ■ �' ��■' �� t� 2 . � e`■■w �� »$ ,.■�,. � � . ■�'�' !e $' 2�l;�� .. e. ■■ ��"■�«° �w $� :*■ 3..� �� � e..f� ,» :�a'. i■' m �- ■| � a' '�« . ■ � e � !a . $ � e! �.a $ :,� '. » e t� : e; ■ « .f�=,#.�:fe•■ $� , . » of :''. » � � :• � � .� e <�'.; � f:. °t,�: . � � e'.� :�' t t�*», ��. � -. * .«'w�•i' � ,: °■� ;, < � �e�.< :•' |,��Boom:a 'e » ■ Page110 of 163 EXHIBIT " C" — APARTMENT SIGN EASEMENT AREA [Attached — 2 pages] Page 111 of 163 LEGAL DESCRIPTION SIGN EASEMENT A PORTION OF THE SOUTH RIGHT OF WAY OF OLD WINTER GARDEN ROAD AS DESCRIBED AND RECORDED IN OFFICIAL RECORDS BOOK 6423, PAGE 7285, PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA LYING WITHIN SECTION 29, TOWNSHIP 22 SOUTH, RANGE 28 EAST. MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF LOT 6, LAKE LILLY PROFESSIONAL CENTER SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 104, PAGE 30, PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA, SAID POINT ALSO BEING ON THE SOUTHERLY RIGHT OF WAY LINE OF OLD WINTER GARDEN ROAD; THENCE SOUTH 89'42'11" WEST ALONG SAID SOUTHERLY RIGHT OF WAY LINE, A DISTANCE OF 306.20 FEET; THENCE SOUTH 44'44'33- WEST, A DISTANCE OF 70,65 FEET; THENCE SOUTH 89"40'56" WEST, A DISTANCE OF 40.87 FEET; THENCE NORTH 00'19'04" WEST, A DISTANCE OF 9.38 FEET, TO THE POINT OF BEGINNING; THENCE NORTH 03'04'45" WEST, A DISTANCE OF 21.67 FEET; THENCE NORTH 86'55'15" EAST, A DISTANCE OF 7.00 FEET; THENCE SOUTH 03*04*45" EAST, A DISTANCE OF 21.67 FEET; THENCE SOUTH 86-55'15" WEST, A DISTANCE OF 7.00 FEET, TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 152 SQUARE FEET, MORE OR LESS. SLIt2VE='S NOTES: 1. THIS IS NOT A BOUNDARY SURVEY, 2, THE PURPOSE OF THIS SKETCH OF DESCRIPTION IS TO DESCRIBE THE LIMITS OF AN ENTRANCE SIGN EASEMENT. 3. NO CORNERS WERE SET AS PART OF THIS SKETCH OF DESCRIPTION. 4. THIS SKETCH OF DESCRIPTION IS NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. 5. BEARINGS SHOWN HEREON ARE ASSUMED AND BASED ON THE NORTH LINE OF THE SOUTH 1/2 OF THE NORTHWEST 1/4 SECTION 29, TOWNSHIP 22 SOUTH, RANGE 28 EAST BEING SOUTH 89'42'11" WEST. N = NORTH R/W = RIGHT OF WAY E = EAST COR. = CORNER S = SOUTH PG(S) = PAGE (PAGES) W = WEST AVE. = AVENUE OC DOC = ORANGE COUNTY ORB = OFFICIAL RECORDS BOOK DOCUMENT NO. = NUMBER L1 = PB =PLAT BOOK .FRnFIr,Ane,Ks TO: LAKE LILLY PROFESSIONAL CENTER PROPERTY OWNERS ASSOCIATION, INC.; LAKE LILLY APARTMENTS, LLC; HELLER BROS GROVES; CITY OF OCOEE SURVEYOR'S CERTIFICATION I HfREBv CERTIFY THAT THE SKETCH AND DESCRIPTION REPRESENTED HEREON 15 TRUE AND CORRECT TO THE BEST Of MY KNOWLEDGE, INFORMATION. AND RELIEF IT HAS BEEN PREPARED IN ACCORDANCE WITH THE STANDARDS SET FORTH IN CHAPTER 5147 OF THE FLORIDA ADMINISTRATIVE CODE PURSUANT TO TO CHAPTERS 177 AND 472 OF THE ELORIDA STATUES LAKE LILLY -OCOEE PROJECT DIRlrauy u9Red by PROJECTNt ZIMS5O9AVVN IA'E :D:1M Ifs t"'tikS. $hfYry Manpt ^I' SURVCf BY N.'AIREVIEWEC BY S%4 ""' {{_=Date: SURVEY fWf N7A1+:a>ROV=09v Km :,: -,: Si 2023.07.10 DRAWN BY CST ICULKI-M No. N^A .a.*',:",',':.17:18.26 N0. [)ATE RV DFSf.RlPT1CN -0400 SHERRY I. MANOR, PSM - t SN 6DE1 ........ .........__...._ vsn r SHEET 1 OF 2 SEE SHEET 2 FOR SKETCH 459 STATE ROAD 4361 SUITE 117 ; CA55_LDERRY, EL 132707 ' HONE 4 ,' 5R: RR16 1 FAx 477 FAT RUT l4'4Y'1Y.SSL011E 0"R COM INFOIDSSUPVEvOR.'UM ORUFFS�U*41 KIIRVEYC;R MAPPER RI KINESf t'C.Ek:F 11 R97 R}4 13IPage Page 112 of 163 SHEET 1 OF 2 SEE SHEET 2 FOR SKETCH 459 STATE ROAD 4361 SUITE 117 ; CA55_LDERRY, EL 132707 ' HONE 4 ,' 5R: RR16 1 FAx 477 FAT RUT l4'4Y'1Y.SSL011E 0"R COM INFOIDSSUPVEvOR.'UM ORUFFS�U*41 KIIRVEYC;R MAPPER RI KINESf t'C.Ek:F 11 R97 R}4 13IPage Page 112 of 163 SKETCH OF DESCRIPTION SIGN EASEMENT OLD WINTER GARDEN ROAD 80 160 (ALSO KNOWN AS PROFESSIONAL PARKWAY) I Feet PUBLIC RIGHT OF WAY (70' WDE) 15.00' SEWER AND WATER EASEMENT ASPHALT PAVED ROADWAY (WIDTH VARIES) ORB 6423' PC 7301 SLOPE PER ORB 6423, PG 7285 E EASEMENT AGREEMENT ORB 6423, PC 7313 S89-42-1 1 -W (BEARING BASIS) SOUTHERLY RIGHT OF WAY LINE OLD WINTER GARDEN ROAD S89*42'11"W L3 306.20'7 C'4 -jIn POINT OF L5( S44*44'33"W COMMENCEMENT 70.65' NW CORNER. LOT 6, LAKE LILLY z PROrLSSIONAL CENTEF? SUBDIIASION PID 104, FIG 30 40,87' LAKE LILLY APARTMENTS, LLC POINT OF 0 BEGINNING PARCEL NO. 29-22-28-0000-00-007 -,0 OC DOC#2021766548 C> $0.00' UTILITY EASEMENT >- I OD PARCEL SEWER AND WATER EASEMENT :3 PER ORB 5949, PC 3800 OLD WINTER GARDEN ROAD LINE TABLE (ALSO KNOWN AS PROFESSIONAL PARKWAY) LINE NO. BEARING LENGTH L3 Li NOO*19'04"W 9.38' L2 L4 L2 NO3*04'45"W 21.67' 1 POINT OF �:l S44*44'33"W L3 N86*55'15"E 7.00' BEGINNING L5 70.65' L4 S03*04'45"E 21.67' L5 S86-55'15"W 7.00' '40'56-W N I lu EASEMENT 611-POAOR* lll�L s17E., E,,\, S89 PERWATER EASEMENT 40.87' R ORB 5949, PG 3800 DETAIL 40 80 SHEET 2 OF 2 Feet SEE SHEET 1 FOR DESCRIPTION SURVEYOR'S CERTIFICATION I HER?RY CERTIFY THAT THE SKETCH AND DFSCR,PUON REPRESENTED HEREON $TRUE AND CORRECT MTHE BEST 0; MY KNOWLEFKiE, INFORMATION, ANU BELIEF IT HAS BEEN PREPARED IN ACCORDANCE WITHT C STANDARDS SET FORTH IN CIAPTCR $I 00FTHE PLORH)A ADJVXSTRATIVC CODE PURSUANT TO TO CHAFTEAS 177 AND A77 OF THE -UCRDA STATUES LAKE t.111Y OCOFF PROJECT Dtgftaily , signod by L S EtC)ECT 4, 21omicRAWN DATE 20230710 Sh."y Mano, Diversified SURVEY BY N/AIREVIEOIEO By Sw SURVEY DATE N/AJAPPACYEDBY 3V DRAWN BY COT ICULFUl F tE No NjA 17:18:42 No UA-.E I UE�LlIPTCIN -04'OV 4AF?STATE ROAI)41- 'UTT II7I',,SSFL8FRRY,FL 1 12�0 IM361 FAX 407GFU654I SHERRY L. MANOR. PSM - LS4 6961 WVIT, LSSUR'V!VOR COM [ INFCML-cSURVEYOR.COA 6y aROzFG5 CNN Y-FRVvy0R F.VAPPFR LICENSE 1 -897&4 14 1 P a g e Page 113 of 163 I Ms of I M v 11,11 r1! li� ; � � p�'iq� p� ;A Mp-l- IV 0--Telagd o Ilia I Page 114 of 163 04 r i (�i 40 Ill Fed DISCNECT SWITCH ASE OF SIGN. PO R TO SIGN TO UEg OTHERS. 20 AMP. i CIRCUIT REGLJWQ,SEDICATED ,T GN ONLY. `I01L:A C Gf_,. ADC` T5)0 ; "t/ITC'HES; %1 FC(' f J1 PANE— '2 `0 1 6 r,.IC;Ii;S. 0) CD - 0 C5) i I 3" ALUMINUM CAP. COLUMN TO HAVE TILE BOARD OVER ALUMINUM ANGLE ALL WELDED FRAME. FAUX WOOD TO BE SUPPLIED AND INSTALLED (BY OTHERS). SCONCES TO BE SUPPLIED AND INSTALLED (BY OTHERS). 17-3`° 11 °-3" 3'—®" 3'-9" } T-9" } 3'-9° 2 a 2'-3 12'-0" yl, —S :`X 315" 2,13 &F. — 1 .."X 69 "15,09 S.F A1ff II D i g1:[ '1 X 31' 3.28 S F: 1 6. 17'-6" MONUMENT FRONT ELEVATION SCALE:3/8"=VI ONE (1) SINGLE FACE, INTERNALLY ILLUMINATED MONUMENT SIGN. 38.81 SQUARE FEET. WHITE SW 7015 SW 7020 VENEER COLORTO BE WHITE ACRYLIC REPOSE GRAY BLACK FOX STONE TO DETERMINED PAINT BE DETERMINED OTHERS) OTHERS) 3" ALUMINUM CAP, ABINET TO ALUMINUM FACESAND ALUMINUM SIDES INTERNALOVER ANGLE,ALL I l FRAME,O TO BE ROUTED OUT OF FACES.i HAVE !,�` WHITE ACRYL PUSH THRU LETTERS WITH VINYL ON FIR_ SURFACE OF FACES. CABINET BE INTERNALLY ILLUMINATED WITH L.E.D.WHITE STRIPS AND 120 VOLT POWER 41'XIGP°='I,91 S.F 19,68 TOTAL S.F CONCRETE FOOTER OPTIONS (2500 PSI): • 36" DIA x 6'-3" DEEP [AUGERED] • T-6" W x 17'-6" L x 2'-6" D [SPREAD, W/ #5 BARS AT 12" O.C. EA WAY, TOP+BOT] —BACK OF CABINET TO BE FLAT ALUMINUM PAINTED REPOSE GRAY. 2" I Client; THE ALIBI AT LAKE LILLY • tl Drawing Number: D22105-50-THE ALIBI Revisions: DATE: DESCRIPTION: 00_00 NR oo-ao NR 00-00 NR ' 00-00 NR 00-00 NR 00-00 NR al oo-ad NR ® 00_00 NR Sales Person: T 13o_Ow MIKE VOGEL Scale: 2._OD AS NOTED Drawn by: „ O. BARNITZ "I a, " CLIENT/LANDLORD APPROVAL El APPROVED h — ❑ APPROVED AS NOTED ❑ REVISE AND RESUBMIT ll' Signature: — Title: Date: j SIGNATURE ABOVE ACKNOWLEDGES THAT ALL SPECIFICATIONS AND DIMENSIONS ON THESE DRAWINGS ARE UNDERSTOOD AND CORRECT, 3'-6" Ti THIS IS AN ORIGINAL DRAWING PROVIDED AS PART OF A PLANNED PROJECT AND IS NOT /UM ENT SIDE ELEVATION MOLE:3/8°'=V-0" TO BE EXHIBITED, COPIED OR REPRODUCED — SCAINTERNATIONAL WITHOUT THE WRITTEN PERMISSION OF SIGN COMPANY OR ITS AUTHORIZED AGENTS. ALL RIGHTS RESERVED. PRIMARY ELECTRICAL POWER TO SIGN TO BE BY OTHERS. ALL POWER TO BE 120 VOLT UNLESS OTHERWISE STATED. �,osrF® ELEGTRICAL TO USE T , U.L. LISTED COMPONENTS c us AND SHALL MEET ALL F,212424 N.E.C. STANDARDS 2017 SIGN MUST BE GROUNDED IN COMPLIANCE WITH ARTICLE 600 OF THE NATIONAL ELECTRIC CODE. -Design uirementsoftheFlaBld Code 2020 for use within&outside the High Hurricane Zone HVHZ. -This engineering certifies the structural it ofthoses stems components, and/or other constructionez licit) specified •Electricalnotes details &s specifications rovldedb and are the soleres responsibility oftheelectricalcontiactor.Noelectricalreviewhasbeen erformedandnocertificationofsuchisintended. •Structuraldesi nmeetsre uirementsofAE 3349AISI1§18�W NDS-18 General q q 9 ( ) q Y ( ) q q Y q Y systems, p explicitly p � p p Y p Y p 9 q � , Notes: as applicable. - Steel components shall be coated, painted, or otherwise protected against corrosion per FBC Sec 2203.2/2222.6. - Alum components in contact with steel or embedded in concrete shall be painted or protected as prescribed in ADM1-15(ta), or plastic/neoprene spacers provided. • All exposed fasteners shall be S.S. or have a protective coating for corrosion protection. • All welding shall comply with AWS requirements. , Steel welds: E70xx electrodes. . Aluminum welds: 4043 filler alloy.. Alum extrusions: 6063-T6 or stronger, U.N.O. 111 11 11, 1 IF! III; KII III ii & �4�64 5 9 M E 0 DISC"ECT SWITC"/ AJASE OF SIGN. PO TO SIGN TO CAE R OTHERS. 12TEZ 10 AMP . R CIRCUIT 1E1IU1jDgDICATED OIVIGN ONLY. 'NOTE: A.— TO CELL. Q) D_ (1) - 0 CN U CN 0 C) 4— (N 0 a) 14 S' ALUMINUM CAPS. COLUMN TO HAVE TILE BOARD OVER ALUMINUM ANGLE ALL WELDED FRAME. FAUX WOOD TO BE SUPPLIED AND INSTALLED (BY OTHERS). SCONCES TO BE SUPPLIED AND INSTALLED (BY OTHERS). T-0 16" -5IT-5" 2'- 3: / /A i. 16'-6" 12R-O" 10 MONUMENT FRONT ELEVATION SCALE: 3/8`=1'-0" ONE (1) DOUBLE FACE, INTERNALLY ILLUMINATED MONUMENT SIGN. 35.87 SQUARE FEET. M 1:1 WHITE SW 7015 SW 7020 VENEER COLOR TO BE WHITE ACRYLIC REPOSE GRAY BLACK FOX STONE TO DETERMINED PAINT BE DETERMINED (BY OTHERS) (BY OTHERS) t 4lI'X 126",35,87 &F 7 ALUMINUM CAP. 1 � :,� � ... ....................................................... -MIN 5" SCH 40 STEEL POSTS (A53/B), EMBED TO 6" FROM FOOTER BOTTOM CONCRETE FOOTER OPTIONS (2500 PSI): - 36" DIA x 5'-4" DEEP [AUGERED] - T-0" W x 16'-6" L x 2'-6" D [SPREAD, W/ #5 BARS AT 12" O.C. EA WAY, TOP+BOT] Client: THE ALIBI AT LAKE LILLY OCOEE, FL. 3--0 ................ 'An. 2'-3:: Date: 2 EO 12" tEQ � f APRIL 4, 2022 T-10" -3" 2" 7" Drawing Number. D22105-50-THE ALIBI Revisions: DATE: DESCRIPTION: El 00_00 NR F, 00_00 NR 00-00 NR 00_00 NR 00-00 NR 00_00 NR NR 00-00 00_00 N1 Sales Person: MIKE VOGEL Drawn by: 0. BARNITZ CLIENT/LANDLORD APPROVAL El APPROVED El APPROVED AS NOTED L1 REVISE AND RESUBMIT Signature: Title, Date S SIGNATURE ABOVE ACKNOWLEDGES THAT ALL SPEcirICATIONS AND DIMENSIONS ON THESE DRAWINGS ARE UNDERSTOOD AND CORRECT. THIS IS AN ORIGINAL DRAWING PROVIDED AS PART OF A PLANNED PROJECT AND IS NOT TO BE EXHIBITED, COPIED OR REPRODUCED WITHOUT THE WRITTEN PERMISSION OF INTERNATIONAL SIGN COMPANY OR IT'S AUTHORIZED AGENTS, ALL RIGHTS RESERVED. SHEET NO. 101 General -Design is in accordance with the teclunrements of the Fla Bldg Code 7th Ed (2020) for use within& outside the High Velocity Hurricane Zone (HVHZ). •-This engineering certifies only the structural integi try of those systems, components, and/or other construction explicitly specified herein. •-Electrical notes, details,& specifications are irovided by and are the sole responsibility ofthe electrical contractor. No electrical review has been performed and no certification of such is intended. •-Structural design meets requirements of A IP34991SI Al AW QA NDS-I 8, Notes: as applicable. - Steel components shall be coated, painted, or otherwise protected against corrosion per FBC Sec 2203.2/2222.6. - Alum components in contact with steel or embedded in concrete shall be painted or protected as prescribed in ADM1-15(la), or plastic/neoptene spacers provided. - All exposed fasteners shall be S.S. or have a protective coating for corrosion protection. - All welding shall comply with AVIS requirements. - Steel welds: E70xx electrodes.. Aluminum welds: 4043 filler alloy.. Alum extrusions: 6063-T6 or stronger, U.N.O.