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Item 09 Approval of Amendment to Contract for 15 S. Kissimmee Avenue and 214 W. McKey Street
Meeting Date: December 5, 2023 Item #: 9 Contact Name: Michael Rumer Department Director: Michael Rumer Contact Number: Ext. 1018 City Manager: Robert Frank Background Summary: On June 21, 2022, the Honorable Mayor and City Commission approved a Contract for Sale and Purchase from 213PLATINUM, LP for two (2) city -owned parcels identified as 15 S. Kissimmee Ave and 214 W. McKey Street at a price of $300,000. The property, which is approximately 1.10 acres, of which about .25 acres, will be utilized for a City stormwater pond and about 25 feet along Kissimmee Avenue is needed to expand the right-of-way. In total, it is anticipated that more than '/4 to % of the properties will be utilized for a City pond and right-of-way. The contract includes certain terms and conditions agreed to by the purchaser. The term and conditions are: 1) Construction of a mixed -use building on the property; 2) Restriction on the sale or transfer of the property at any time prior to the issuance of the first certificate of occupancy for the building; 3) Restriction on leases; 4) City to demolish the buildings which were located on site (completed); 5) The City has a repurchase right; 6) A city constructed stormwater pond on the property will be sized to accommodate the stormwater runoff of buildings and related improvements constructed by the buyer; and 7) Water and sewer will be available to the property prior to closing. During the City Commission's Downtown Workshop held on July 18, 2023, the Purchase contract for 15 S. Kissimmee Ave and 214 W. McKey St. was discussed in regard to the timeline for sewer to be brought to the property. Staff was given direction to work with the purchaser on an expedited closing of the property. City staff and the purchaser's real estate broker have worked out new details to provide for an expedited closing date. Staff is proposing the following addendum to the contract: a) The City will sell the entire property minus the area for the ROW dedication. b) The area of land where the proposed city stormwater pond was to be located will contain a drainage easement with a specified pond volume to handle the Kissimmee Road project. c) The purchase price will be reduced by $84,046.83. This is the amount estimated for the City to construct the pond. The new purchase price with the reduction is $215,953.17. d) City sewer will be located to the property within eight (8) months after closing. City of Ocoee - 1 N. Bluford Avenue - Ocoee, Florida 34761 Page 88 of 593 Issue: Should the Honorable Mayor and City Commissioners approve an amendment to the contract for sale of City - owned land with 213PLATINUM, LP located at 15 S. Kissimmee Ave and 214 W. McKey Street? Recommendations: Staff recommends the Honorable Mayor and City Commissioners approve an amendment to the contract for sale of City -owned land located at 15 S. Kissimmee Ave and 214 W. McKey Street Attachments: 1. Commercial Contract to sell to 213Platinum LP - 15 S. Kissimmee Ave & 214 W. McKey St. 2. Pond Cost Estimate 3. Kissimmee Ave (90% Plans) 4. Sketch and Description Financial Impacts: No Financial Obligation is required. Type of Item: Consent City of Ocoee - 1 N. Bluford Avenue - Ocoee, Florida 34761 Page 89 of 593 vumennsigmu,=utU~,w04-bl=*4-�,l,-b**b-On,k,ubbtZ, '8 '^] ������� | &(��!K��J���<��rsw 1 1. PARTIES AND PROPERTY: 21311PLATINUM, LP ("Buyer") 2 agrees to buy and Cl!y of Ocoee, Florida ("Seller") 3 agrees tosell the property at: 4 Street Address: 15 �S Kissimmee 5 Ocoee FL 34761-2628 6 Legal Description: See Addendum A 8 and the following Personal Property: 10 (all collectively referred tVaathe onthe terms and conditions set forth below. 12 kdDeposit held inescrow by: $ 10,000.00 13 ("EaomwAgont")(checks are subject mactual and final collection) 14 Escrow Agent's address: 1000 Legion P1 Suite 1700, Orlando, FL 32801 Phone: 4N07-581-9800 15 (b)Additional deposit tobemade toEscrow Agent 16 Elwithin — days (3 days, if left blank) after completion of Due Diligence Period or 17 []within duyo after Effective Date $ 0.00 18 (c)Additional deposit tobemade toEscrow Agent 19 Dwithin days (3 days, if left blank) after completion of Due Diligence Period or 28 []within daye oDor Effective Date $ 21 (d)Total financing (see Paragraph 5) � 0.00 ' � 22 (e)CVher � 23 U0All deposits will bmcredited tothe purchase price atclosing. 24 Balance toclose, subject ioadjustments and pnonaUonn.tobepaid 25 via wire transfer. $ 290,000.00 28 For the purposes mfthis paragraph, "uonnp|otion"means the end ofthe Due Diligence Period orupon delivery of 27 Buyer's written notice ufacceptability. 28 3.TIME FOR ACCEPTANCE; EFFECTIVE DATE; COMPUTATION OFTIME: Unless this offer iosigned bySeller 29 and Buyer and anexecuted copy delivered toall parties Vnorbefore . this offer 30 will be withdrawn and the Buyer's deposit, if any, will be returned. The time for acceptance of any counter offer will be 31 3days from the date the counter offer iadelivered. The "Effective Date" ofthis Contract isthe date unwhich the 32 last one of the Seller and Buyer has signed or initialed and delivered this offer or the final counter offer or 33 . Calendar days will be used when computing time periods, except time periods of 5 34 days or less. Time periods of 5 days or less will be computed without including Saturday, Sunday, or national legal 35 holidays. Any time period ending on a Saturday, Sunday, or national legal holiday will extend until 5:00 p.m. of the next 30 business day, Time isofthe essence |nthis Contract. 38 kdClosing Date: This transaction will bm unless 38 specifically extended by other other time periods 40 inclqding,butnot|imKedto'Fcing and Due Diligence periods. In the event insurance underwriting is suspended Buyer MR ) (—) and SeIIE(_) acknowledge receipt of a copy of this page, which is Page 1 of 8 Pages. CC-5 Rev. 9;7 @2O17Florida ReaKumO mm=msip ux�c,�u+v=�w`�"�^���n��p 41 on Closing Date and Buyer is unable to obtain property insurance, Buyer may postpone closing up to 5 days after 42 the insurance underwriting suspension is lifted. 43 (b)Location: Closing will take place i will take place inthe 44 county where the property kalo:atedjClosing may bmconducted bymail orelectronic means. 45 5.THIRD PARTY FINANCING: 48 BUYER'S OBLIGATION: Oncxbefore days (5days if left blank) after Effective Date, Buyer will apply for third 47 party financing inanamount not toexceed cJthe purchase price or with ofixed 48 interest rate not to exceed % per year with an initial variable interest rate not to exceed , with points or 48 commitment or loan fees not to exceed % of the principal amount, for a term of years, and amortized 50 over _____ years, with additional terms anfollows: 51 52 Buyer will timely provide any and all credit, employment, financial and other information reasonably required by any 53 lender. Buyer will use good faith and reasonable diligence to (i) obtain Loan Approval within days (45 days if left 54 blank) from Effective Date Approval Date), (ii) satisfy terms and conditions of the Loan Approval, and (iii) close 55 the loan. Buyer will keep Seller and Broker fully informed about loan application status and authorizes the mortgage 56 broker and lender to disclose all such information to Seller and Broker. Buyer will notify Seller immediately upon 57 obtaining financing nrbeing rejected bya|ender.CANCELL/0[|C3N:|fBuyer,a0mrueingOoodfmithandneaoonoblm 58 diligence, fails to obtain Loan Approval by Loan Approval Date, Buyer may within _ days (3 days if left blank) 58 deliver written notice to Seller stating Buyer either waives this financing contingency or cancels this Contract. 00 If Buyer does neither, then Seller may cancel this Contract by delivering written notice to Buyer at any time thereafter. 01 Unless this financing contingency has been waived, this Contract shall remain subject to the satisfaction, by closing, of 82 those conditions of Loan Approval related to the Property. DEPOSIT(S) (for purposes of Paragraph 5 only): If Buyer 03 has used good faith and reasonable diligence but does not obtain Loan Approval by Loan Approval Date and 84 thereafter either party elects to cancel this Contract as set forth above or the lender fails or refuses to close on or 55 before the Closing Date without fault on Buyer's part, the Deposit(s) shall be returned to Buyer, whereupon both 06 parties will be released from all further obligations under this Contract, except for obligations stated herein as surviving 67 the termination of this Contract. If neither party elects to terminate this Contract as set forth above or Buyer fails to use 68 good faith or reasonable diligence as set forth above, Seller will be entitled to retain the Deposit(s) if the transaction OS does not close. For purposes of this Contract, "Loan Approval" means a statement by the lender setting forth the terms 70 and conditions upon which the lender is willing to make a particular mortgage loan to a particular buyer. Neither a pre- 71 approval letter not a prequalification letter shall be deemed a Loan Approval for purposes of this Contract. 72 G.TNl-E: Seller has the legal capacity to and will convey marketable title to the Property by []etetutorywananiy 73 deed R1special warranty deed []other free ofliens, easements and 74 encumbrances of record or known to Seller, but subject to property taxes for the year of closing; covenants, 75 restrictions and public utility easements of record; existing zoning and governmental regulations; and (list any other 70 matters to which title will be subject) r/ 78 provided there exists atclosing noviolation ofthe foregoing and none ofthem prevents Buyer's intended use ofthe 79 Property as eO (a) Evidence of Title: The party who pays the premium for the title insurance policy will select the closing agent 81 and pay for the title search and closing services, Seller will, et(check one) RI Seller's OBuyer's expense and 82 within 30 days after Effective Date or at least days before Closing Date deliver to Buyer (check one) 83 RI (i) a title insurance commitment by a Florida licensed title insurer setting forth those matters to be discharged by 84 Seller at or before Closing and, upon Buyer recording the deed, an owner's policy in the amount of the purchase 85 price for fee simple title subject only to exceptions stated above. If Buyer is paying for the evidence of title and 80 Seller has an owner's policy, Seller will deliver copy to Buyer within 15 days after Effective Date. o(ii.) on 87 abstract oftitle, prepared orbrought current byanexisting abstract firm Vrcertified oncorrect byan existing firm. 88 However, if such an abstract is not available to Seller, then a prior owner's title policy acceptable to the proposed 89 insurer as a base for reissuance of coverage may be used. The prior policy will include copies of all policy 80 exceptions and an update in a format acceptable to Buyer from the policy effective date and certified to Buyer or Buyer (ondGeUnr acknowledge receipt ofacopy ofthis page, which iaPage 2of8Pages. This software is licensed to [Mr. Lou Forges ~VALIANT REALTY GROUP LLCI . kumenusign=, 91 Buyer's closing agent together with copies of all documents recited in the prior policy and in the update. If such 92 an abstract nrprior policy ianot available toSeller then (i) above will bethe evidence oftitle. 93 (b) Title Examination: Buyer will, within 15 days from receipt of the evidence of title deliver written notice to Seller 84 of title defects. Title will be deemed acceptable to Buyer if (1) Buyer fails to deliver proper notice of defects or (2) 85 Buyer delivers proper written notice and Seller cures the defects within 15 days from receipt ofthe notice 80 ("Curative Period"). Seller shall use good faith efforts to cure the defects, If the defects are cured within the 8/ Curative Period, closing will occur on the latter of 10 days after receipt by Buyer of notice of such curing or the 98 scheduled Closing Date, Seller may elect not tocure defects ifSeller reasonably believes any defect cannot be e9 cured within the Curative Period. Ifthe defects are not cured within the Curative Period, Buyer will have 1Odays 180 from receipt ofnotice pfSeller's inability to cure the defects to elect whether to terminate this Contract or accept 101 title subject to existing defects and close the transaction without reduction in purchase price. 102 kdSu (check applicable provisions below) 103 (L) 0 Seller will, within _30L_days from Effective Date, deliver to Buyer copies ofprior surveys, 104 plans, specifications, and engineering documents, if any, and the following documents relevant to this 105 transaction: 106 . 107 prepared for Seller or in Seller's possession, which show all currently existing structures. In the event this 108 transaction does not close, all documents provided by Seller will be returned to Seller within 10 days from the 108 date this Contract is terminated. 110 0Buyer will, at []Seller's I&I Buyer's expense and within the time period allowed to deliver and examine 11l title evidence, obtain a current certified survey of the Property from a registered surveyor. If the survey reveals 112 encroachments on the Property or that the improvements encroach on the lands of another, OBuyer will 113 accept the Property with existing encroachments IKIsuch encroachments will constitute 8title defect tobe 114 cured within the Curative Period. 115 bUIngress and Egress: Seller warrants that the Property presently has ingress and egress. 110 Y.PROPERTY CONDITION: Seller will deliver the Property to Buyer at the time agreed in its present "as is" condition, 117 ordinary wear and tear excepted, and will maintain the landscaping and grounds in a comparable condition. Seller 118 makes no warranties other than marketability of title. In the event that the condition of the Property has materially 119 changed since the expiration of the Due Diligence Period, Buyer may elect to terminate the Contract and receive a 120 refund of any and all deposits paid, plus interest, if applicable, or require Seller to return the Property to the required 121 condition existing as of the end of Due Diligence period, the cost of which is not to exceed Y6of 122 the purchase price, if left blank). By accepting the Property "as is", Buyerwaives all claims against Seller for any 123 defects inthe Property. (Check (a)or(b)\ 124 13(s)AsIs: Buyer has inspected the Property orwaives any right hoinspect and accepts the Property inits "as is" 125 condition. 126 91(b)Due Diligence Period: Buyer will, sdBuyer's expense and within 60 days from Effective Date (^Due 127 Diligence Period"), determine whether the Property is suitable, in Buyer's sole and absolute discretion. During the 128 term of this Contract, Buyer may conduct any tests, analyses, surveys and investigations ("Inspections") which 129 Buyer deems necessaryto determine to Buyer's satisfaction the Property's engineering, architectural, 130 environmental properties; zoning and zoning restrictions; flood zone designation and restrictions; subdivision 131 regulations; soil and grade; availability of access to public roads, water, and other utilities; consistency with local, 132 state and regional growth management and comprehensive land use plans; availability of permits, government 183 approvals and licenses; compliance with American with Disabilities Act; absence of asbestos, soil and ground 134 water contamination; and other inspections that Buyer deems appropriate. Buyer will deliver written notice to 135 Seller prior tnthe expiration of the Due Diligence Period of Buyer's determination of whether or not the Property 136 is acceptable. Buyer's failure tocomply with this notice requirement will constitute acceptance ofthe Property in 137 its present "as is" condition. Seller grants to Buyer, its agents, contractors and assigns, the right to enter the 138 Property at any time during the term of this Contract for the purpose of conducting Inspections, upon reasonable 133 notice, at a mutually agreed upon time; provided, however, that Buyer, its agents, contractors and assigns enter 140 the Property and conduct Inspections at their own risk. Buyer will indemnify and hold Seller harmless from 141 losses, damages, costs, claims and expenses of any nature, including attorneys'fees at all levels, and from 142 liability toany person, arising from the conduct of any and all inspections or any work authorized by Buyer. Buyer 143 will not engage in any activity that could result in a mechanic's lien being filed against the Property without 144 Seller's prior written consent, In event this transaction does not close, (1) Buyer will repair all damages tothe Buyer 8/���)(ondSeUo ()acknowledge receipt ofacopy ofthis page, which iaPage 3of8Pages. CC-5 Rev.8/17 @2U17Florida Rea|homO This software islicensed to [Mr. Lou Forges ~VALIANT REALTY GROUP LLc] wmw.transactiondesk.com. 145 Property resulting from the Inspections and return the Property to the condition it was inprior toconduct ofthe 140 Inspections, and (2) Buyer will, at Buyer's expense release to Seller all reports and other work generated as a 147 result of the Inspections. Should Buyer deliver timely notice that the Property is not acceptable, Seller agrees that 148 Buyer's deposit will be immediately returned to Buyer and the Contract terminated, 148 /c\Walk-through Inspection: Buyer may, on the day prior to closing or any other time mutually agreeable to the 150 parties, conduct a final "wa I k-th rough" inspection of the Property to determine compliance with this paragraph and 151 toensure that all Property ieonthe premises. 152 B.OPERATION OF PROPERTY DURING CONTRACT PERIOD: Seller will continue twoperate the Property and any 153 business conducted onthe Property inthe manner operated priortoContract and will take nnaction that would 154 adversely impact the Property after closing, as to tenants, lenders or business, if any. Any changes, such as renting 155 vacant space, that materially affect the Property or Buyer's intended use of the Property will be permitted 91only with 150 Buyer's consent [] without Buyer's consent, 157 9. CLOSING PROCEDURE: Unless otherwise agreed or stated herein, closing procedure shall be in accordance with 158 the norms where the Property ialocated. 159 (a) Possession and Occupancy: Seller will deliver possession and occupancy of the Property to Buyer at 180 closing. Seller will provide keys, remote controls, and any security/access codes necessary to operate all locks, 151 mailboxes, and security systems. 102 (h)[|msts: Buyer will pay Buyer's attorneys'fees, taxes and recording fees on notes, mortgages and financing 103 statements and recording fees for the deed. Seller will pay Seller's attornuys'feeo,taxes onthe deed and 154 recording fees for documents needed to cure title defects. If Seller is obligated to discharge any encumbrance at or 165 prior to closing and fails to do so, Buyer may use purchase proceeds to satisfy the encumbrances. 106 hdDocunments: Seller will provide the deed; bill of sale; mechanic's lien affidavit; originals of those assignable 167 service and maintenance contracts that will beassumed by Buyer after the Closing Date and letters to each 188 service contractor from Seller advising each of them of the sale of the Property and, if applicable, the transfer ofits 108 contract, and any assignable warranties or guarantees received or held by Seller from any manufacturer, 170 contractor, subcontractor, or material supplier in connection with the Property; current copies of the condominium 171 documents, ifapplicable; assignments ofleases, updated rent roll; tenant and lender eatoppe|aletters (if 172 applicable); tenant subordination, non -disturbance and attornment agreements (SNDAs) required by the Buyer or 173 Buyer's lender; assignments of permits and licenses; corrective instruments; and letters notifying tenants of the 174 change inovvnenship/ventel agent. |fany tenant refuses to execute an eatoppe|o |mtter. Sa||ar' if requested by the 175 Buyer in writing, will certify that information regarding the tenant's lease is correct. |fSeller ieonentity, Seller will 176 deliver a resolution of its governing authority authorizing the sale and delivery of the deed and certification by the 177 appropriate party certifying the resolution and setting forth facts showing the conveyance conforms to the 178 requirements oflocal |ovv. Seller will transfer security deposits to Buyer. Buyer will provide the closing statement, 178 mortgages and notes, security agreements, and financing statements, 180 kNTaxes and Prormtons:Real estate taxes, personal property taxes onany tangible personal property, bond 181 payments assumed by Buyer, interest, rents (based on actual collected rents), association dues, insurance 182 premiums acceptable to Buyer, and operating expenses will be prorated through the day before closing. If the 183 amount of taxes for the current year cannot be ascertained, rates for the previous year will be used with due 184 allowance being made for improvements and exemptions. Any tax proration based on an estimate will, at request 185 of either party, be readjusted upon receipt of current year's tax bill; this provision will survive closing. 186 (e) Special 'Assessment Liens: Certified, confirmed, and ratified special aeeeaonlentUenuuaoftheCkmingDuha 187 will bepaid bySeller. |facertified, confirmed, and ratified specialaeaeasmentispoyobleininstallments, GaUarwiU 188 pay all installments due and payable on or before the Closing Date, with any installment for any period extending 189 beyond the Closing Date prorated, and Buyer will assume all installments that become due and payable after the 190 Closing Date. Buyer will be responsible for all assessments of any kind which become due and owing after Closing 191 Date, unless an improvement is substantially completed as of Closing Date. If an improvement is substantially 192 completed aeofthe Closing Date but has not resulted |nalien before closing, Seller will pay the amount ofthe last 183 estimate of the assessment. This subsection applies to special assessment liens imposed by a public body and 194 does not apply tocondominium association special assessments. 195 ADForeign Investment |nReal Property Tax Act (F|RPTA):KSeller is a"foreign person" mndefined byF|RPTA` 190 Seller and Buyer agree to 'y with Section 1445 of the Internal Revenue Code. Seller and Buyer will 197 de | directed any ma�umen�a1 dav�'Vrsk�en�ertnaaaonaNynmcasoorytocomp|y Buyor�w�_�)[and Seller ( ^�U(jacknowledge receipt ofacopy ofthis page, which iaPage 4mf8Pages. CC-5 Rev.Q/17 @2O17Florida Nee|(wmO wmenusig"i`�ou-ou *u*utst/w 198 with the F|RPTArequirements, indudinQdeUveryofthxeirreapeubvefmdena|toxpayarNantifiowtonnumbaracv 198 Social Security Numbers to the closing agent. If Buyer does not pay sufficient cash at closing to meet the 200 withholding requirement, Seller will deliver to Buyer at closing the additional cash necessary to satisfy the 201 requirement. 202 1O.ESCROW AGENT: Seller and Buyer authorize Escrow Agent or Closing Agent (collectively "Agent") to receive, 203 deposit, and hold funds and other property in escrow and, subject to collection, disburse them in accordance with the 204 terms of this Contract. The parties agree that Agent will not be liable to any person for misdelivery of escrowed items to 205 Seller or Buyer, unless the misdelivery is due to Agent's willful breach of this Contract orgross negligence. |fAgent 206 has doubt as to Agent's duties or obligations under this Contract, Agent may, at Agent's option, (a) hold the escrowed 207 items until the parties mutually agree to its disbursement or until a court of competent jurisdiction or arbitrator 208 determines the rights of the parties or (b) deposit the escrowed items with the clerk of the court having jurisdiction over 208 the matter and file an action in interpleader. Upon notifying the parties of such action, Agent will be released from all 210 liability except for the duty to account for items previously delivered out of escrow. If Agent is alicensed real estate 211 broker, Agent will comply with Chapter 475' Florida Statutes. |nany suit inwhich Agent interp|eadathe escrowed items 212 or is made a party because of acting as Agent hereunder, Agent will recover reasonable attorney's fees and costs 213 incurred, with these amounts tVbwpaid from and out ofthe escrowed items and charged and awarded aocourt costs 214 infavor ofthe prevailing party. 215 11. CURE PERIOD: Prior to any claim for default being made, a party will have an opportunity to cure any alleged 210 default. If a party fails to comply with any provision of this Contract, the other party will deliver written notice to the non- 217 complying party specifying the non-compliance. The non -complying party will have 5� days (5days ifleft blank) after 218 delivery nfsuch notice tucure the non-uomp|ienoe.Notice and cure shall not apply tofailure toclose, 218 12. FORCE MAJEURE: Buyer or Seller shall not be required to perform any obligation under this Contractorbwliable 220 to each other for damages so long as performance or non-performance of the obligation, or the availability of services, 221 insurance, or required approvals essential to Closing, is disrupted, delayed, caused or prevented by Force Majeure. 222 "Force Majeure" means: hurricanes, floods, extreme weather, earthquakes, fire, or other acts of God, unusual 223 transportation delays, or wars, insurrections, or acts of terrorism, which, by exercise of reasonable diligent effort, the 224 non -performing party is unable in whole or in part to prevent or overcome. All time periods, including Closing Date, will 225 be extended a reasonable time up to 7 days after the Force Majeure no longer prevents performance under this 226 Contract, provided, however, ifsuch Force Maieurecontinues toprevent performance under this Contract more than 227 30 days beyond Closing Date, then either party may terminate this Contract by delivering written notice tothe other 228 and the Deposit shall be refunded to Buyer, thereby releasing Buyer and Seller from all further obligations under this Contract. 228 Y3.RETURN OFDEPOSIT: Unless otherwise specified inthe Contract, inthe event any condition ofthis Contract ka 230 not met and Buyer has timely given any required notice regarding the condition having not been met, Buyer's deposit 231 will be returned in accordance with applicable Florida Laws and regulations. 232 14. DEFAULT_; 233 (a) In the event the sale is not closed due to any default or failure on the part of Seller other than failure to make 234 the title marketable after diligent effort, Buyer may elect to receive return of Buyer's deposit without thereby 235 waiving any action for damages resulting from Seller's breach and may seek to recover such damages or seek 286 specific performance. If Buyer elects a deposit refund, Seller may be liable to Broker for the full amount of the 237 brokerage fee. 238 (b) In the event the sale is not closed due to any default or failure on the part of Buyer, Seller may either (1) 239 retain all deposit(s) paid or agreed to be paid by Buyer as agreed upon liquidated damages, consideration for the 240 execution of this Contract, and in full settlement of any claims, upon which this Contract will terminate or (2) seek 241 specific performance. If Buyer fails to timely place a deposit as required by this Contract, Seller may either (1) 242 terminate the Contract and seek the remedy outlined in this subparagraph or (2) proceed with the Contract without 243 waiving any remedy for Buyer's default. 244 15.ATT0RNEY'S FEES AND COSTS: In any claim or controversy arising out of or relating to this Contract, the 245 prevailing party, which for purposes ofthis provision will include Buyer, Seller and Broker, will beawarded reasonable 246 attorneys'fees, costs, and expenses. 247 16. NOTICES: All notices will be in writing and may be delivered by mail, overnight courier, personal delivery,or 248 electronic means. Parties agree tosend all notices toaddresses specified onthe signature paga(e).Anvnohce, 249 document, or item given by or delivered to an attorney or real estate licensee (including a transaction broker) 250 representing aparty will buosefh� venbyurdelivered tothat pady. Buyer 0/���)()and Seller ( acknowledge receipt ufacopy ofthis page, which iePage 5nf8Pages. CC-5 Rex8h7 @2017Florida RealtonP This software Walicensed to [Mr. LouForges ~VALIANT REALTY GROUP LLC] Aumenusign W: 252 (a) Commercial Real Estate Sales Commission Lien Act: The Florida Commercial Real Estate Sales 263 Commission Lien Act provides that a broker has a lien upon the owner's net proceeds from the sale of 254 commercial real estate for any commission earned by the broker under a brokerage agreement. The lien upon the 255 owner's net proceeds is a lien upon personal property which attaches to the owner's net proceeds and does not 250 attach to any interest in real property. This lien right cannot be waived before the commission is earned. 257 8d Special Assessment Liens Imposed by Public Body: The Property may bwsubject to unpaid special 258 assessment lien(s) imposed by o public body. (A public body includes Community Development District.) Such 259 liens, ifany, shall bepaid omset forth inParagraph 9(e). 200 (c) Radon Gas: Radon is a naturally occurring radioactive gas that, when U has accumulated in u building in 201 sufficient quantities, may pnaemn( hmeN1 risks to persons who are exposed to K over time. Levels of radon that 202 exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon 263 and radon testing may bmobtained from your county public health unit. 204 (d) Energy -Efficiency Rating Information: Buyer acknowledges receipt of the information bvnohuna required by 285 SocUon553.QQG. Florida Statutes. 250 18,F{|SK OF LOSS: 207 (a) If, after the Effective Date and before closing, the Property is damaged by fire or other casualty, Seller will 258 bear the risk ofloss and Buyer may cancel this Contract without liability and thmdepoed/o> will be returned to 208 Buyer. Alternatively, Buyer will have the option of purchasing the Property at the agreed upon purchase price and 270 Seller will credit the deductible, if any and transfer to Buyer at closing any insurance proceeds, or Seller's claim 271 hzany insurance proceeds payable for the damage. Seller will cooperate with and assist Buyer incollecting any 272 such proceeds. Seller shall not settle any insurance claim for damage caused by casualty without the consent of 273 the Buyer. 274 Date and before closing, any part of the Property is taken in condemnation or under the 275 right of eminent domain, or proceedings for such taking will be pending or threatened, Buyer may cancel this 270 Contract without liability and the deposit(s) will be returned to Buyer, Alternatively, Buyer will have the option of 277 purchasing what ialeft ofthe Property atthe agreed upon purchase price and Seller will transfer tnthe Buyer at 278 closing the proceeds of any award, or Seller's claim to any award payable for the taking, Seller will cooperate 278 with and assist Buyer 1ncollecting any such award. 280 19. ASSIGNABILITY; PERSONS BOUND: This Contract may be assigned to o related entity' and otherwise 91 is not 281 assignable 0 is assignable. If this Contract may be assigned, Buyer shall deliver a copy of the assignment agreement 282 to the Seller at least 5 days prior to Closing. The terms "Buyer," "Seller" and "Broker" may be singular or plural. This 285 Contract isbinding upon Buyer, Seller and their heirs, personal representatives, successors and assigns (if 284 assignment iopernnitted>. 285 20. MISCELLANEOUS: The terms of this Contract constitute the entire agreement between Buyer and Seller. 286 Modifications of this Contract will not be binding unless in writing, signed and delivered by the party to be bound. 287 Signatunes, initi8|o, documents referenced in this Contrmot, counterparts and written modifications communicated 208 electronically or on paper will be acceptable for all purposes, including delivery, and will be binding. Handwritten or 289 typewritten terms inserted in or attached to this Contract prevail over preprinted terms, If any provision of this Contract 290 is or becomes invalid or unenforceable, all remaining provisions will continue to befully effective. This Contract will be 291 construed under Florida law and will not be recorded in any public records. 282 21. BROKERS: Neither Seller nor Buyer has used the services of, or for any other reason owes compensation to, a 283 licensed real estate Broker other than: 294 (m)Seller's Broker: . (Company Name) (Licensee) 295 ' (Address, Telephone, Fax, E-mail) 296 whoLJmaa/ng|magenz171matoansoozmnoroxerLJnonnooroxeoagmvomnonan/ponovvnovv|||oecompenaecen_ by 297 F]Seller [] Buyer [] both parties pursuant tn[] alisting agreement [] other /specify\ 288 289 300 (b)Buyer's Broker: VALIANT REALTY GROUP LLC Lou Forges(Company N me) (Licensee) 301 E-mail)I dress, Telephone, Fax, ��)(___)und8nUor(____)[�'�_)aoknow|edgeveoeipiofuuopyofihispog*.whiohioPege0of8Pagom. Buyer( i CC-5 Rev.8d7 L11 @2U17Florida NoohumO This software is licensed to [Mr. Lou Forges- VALIANT REALTY GROUP LLC] . winenusignav:ac�vr z-re a- i )'-ttan-auittt.� n 302 who ❑ is a single agent ❑ is a transaction broker ❑ has no brokerage relationship and who will be compensated by 303 ❑ Seller's Broker ❑ Seller ® Buyer ❑ both parties pursuant to ❑ an MLS offer of compensation ® other (specify) 304 Separate Agreement 305 (collectively referred to as "Broker") in connection with any act relating to the Property, including but not limited to 306 inquiries, introductions, consultations, and negotiations resulting in this transaction. Seller and Buyer agree to 307 indemnify and hold Broker harmless from and against losses, damages, costs and expenses of any kind, including 308 reasonable attorneys' fees at all levels, and from liability to any person, arising from (1) compensation claimed which is 309 inconsistent with the representation in this Paragraph, (2) enforcement action to collect a brokerage fee pursuant to 310 Paragraph 10, (3) any duty accepted by Broker at the request of Seller or Buyer, which is beyond the scope of 311 services regulated by Chapter 475, Florida Statutes, as amended, or (4) recommendations of or services provided and 312 expenses incurred by any third party whom Broker refers, recommends, or retains for or on behalf of Seller or Buyer. 313 22. OPTIONAL CLAUSES: (Check if any of the following clauses are applicable and are attached as an addendum to 314 this Contract): 315 ❑ Arbitration ❑ Seller Warranty ❑ Existing Mortgage 316 ❑ Section 1031 Exchange ❑ Coastal Construction Control Line ❑ Buyer's Attorney Approval 317 ❑ Property Inspection and Repair ❑ Flood Area Hazard Zone ❑ Seller's Attorney Approval 318 ❑ Seller Representations ❑ Seller Financing ❑ Other 319 23. ADDITIONAL TERMS: 320 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT. IF NOT FULLY UNDERSTOOD, SEEK THE 343 ADVICE OF •RNEY PRIOR TO SIGNING. BROKER ADVISES BUYER AND SELLER TO VERIFY 344 FACTS AND REPRESENTATIONS THAT ARE IMPORTANT TO THEM AND TO CONSULT AN APPROPRIATE 345 PROFESSIONAL FOR LEGAL ADVICE (FOR EXAMPLE, INTERPRETING CONTRACTS, DETERMINING THE 346 EFFECT OF LAWS ON THE PROP R (AND TRANSACTION, STATUS OF TITLE, FOREIGN INVESTOR 347 AND OTHER TY CONDITION, • -I(AL • :: iacknowledge • of a • page, ..... Page •...5 Pages. i CC-5 Rev. • @2017 Florida• ° This software is licensed to [Mr. Loci Forges - VALIANT REALTY GROUP LL w.transacti n esk.com. P�I� kumenusrcgnw:notuiuoo-restz-C E'r-coati-ou'r� oac�xas i. i l • i { • • * • • l 354 Each person signing this Contract on behalf of a party that is a business entity represents and warrants to the other 355 party that such signatory has full power and authority to enter into and perform this Contract in accordance with its 356 terms and each person executing this Contract and other documents on behalf of such party has been duly authorized 357 t0 q.9,eA9.!ru 358 V V; icier Date: 06/O7/2O22 LA106uf gnature of Buyer 359 Marcus V. Vinicius Tax ID No.: (Typed or Printed Name of Buyer) 360 Title: Telephone: 361 Date: (Signature of Buyer 362 (Typed or Printed Name of Buyer) 363 Title: 16 !il�11102 Telephone: 364 Buyer's Address for purpose of notice 7345 W Sandlake RD., STE 227 Orlando FL 32819 365 Facsimile: 366 Email:marcus(ED-2btrust.corn Date: 367 i f Ocoee Tax ID No.: (Typed or Printed Name of Seller) 368 Title: Telephone: •• (Signature of Seller) Date: 370 Tax ID No.: (Typed or Printed Name of Seller) 371 Title: Telephone: 372 Seller's Address for purpose of notice: 150 NorthLakewood e Ocoee FL 34761-2628 373 Facsimile: Email: The Florida Association of REALTORS' makes no representation as to the legal validity or adequacy of any provision of this form in any specific transaction. This standardized form should not be used in complex transactions or with extensive riders or additions. This form is available for use by the entire real estate industry and is not intended to identify the user as a REALTOR°. REALTOR' is a registered collective membership mark which may used only by real estate licensees who are members of the NATIONAL ASSOCIATION OF REALTORS' and who subscribe to its Code of Ethics. The copyright laws of the United States (17 U orde) forbid the unauthorized reproduction of this form by any means including facsimile or Buyer NIVY ) ( ) and Seller ( ) ( ) acknowledge receipt of a copy of this page, which is Page 8 of 8 Pages. CC-5 Rev. 9/17 ✓ ©2017 Florida Realtors® This software is licensed to [Mr. Lou Forges - VALIANT REALTY GROUP L.LO] www.transactiondesk.com. Pv°€ c kumenasign iu: vi-bum-w ukunubtzo,5 ADDENDUM A TO COMMERCIAL CONTRACT - ADDITIONAL TERMS 2BPLATINUM, LP ("Buyer") and CITY OF OCOEE, FLORIDA ("Seller"), hereby agree and incorporate the following terms and conditions as part of the Commercial Contract concerning the property at 15 S. Kissimmee Ave., Ocoee, Florida: 1. Addendum A Controls. Buyer and Seller acknowledge and agree that this Addendum A is attached to and made a part of the Commercial Contract executed by the parties. The Commercial Contract, together with Addendum A shall be referred to herein collectively as the "Agreement". The provisions of this Addendum A shall control over and supersede any conflicting provisions of the Commercial Contract. 2. Legal Description. The Property shall be a portion of the lands owned by Seller west of Kissimmee Ave., south of W. McKey St. and east of Bay St. with a street address of 15 S. Kissimmee Ave. within the following parcels: 18-22-28-0000-00-046 and 18-22-28-0000-00-074 (collectively, the "Overall Land"). Buyer acknowledges that Seller intends to retain a portion of the Overall Land for use of a retention pond (the "Seller Retained Land") and convey the remainder of the Overall Land to Buyer pursuant to the terms of the Agreement (such remainder of the Overall Land to be conveyed to Buyer pursuant to the Agreement, the "Property"). Seller, at Seller's sole cost and expense, shall design, or cause to be designed, a retention pond within the Seller Retained Land (the "Retention Pond"). The Retention Pond will be part of the City of Ocoee's master stormwater system and will retain stormwater runoff from adjacent public roads and other properties. The Retention Pond shall also be sized to accommodate the stormwater runoff of the Building (as defined herein) and related improvements constructed by Buyer on the Property. Following the Seller's acceptance of the final design of the Retention Pond, Seller shall, at Seller's sole cost and expense, prepare a survey of the Overall Land, which survey will provide a legal description for the Seller Retained Land and a legal description for the Property (the "Seller's Survey"). The Seller's Survey shall be certified to Seller and Buyer. In the event the Seller's Survey shows that the Property consists of less than .75 gross acres, Buyer shall have the right to terminate this Agreement and receive a return of the Deposit. Buyer shall make such election on or prior to fifteen (15) days following receipt of the Seller's Survey. In the event Buyer fails to provide a notice of election to terminate the Agreement within such time period, Buyer shall be deemed to have accepted the Property, including the size thereof, and the parties shall proceed to Closing. For the avoidance of doubt, in the event the Seller's Survey shows that the Property contains equal to or more than .75 gross acres, Buyer shall not have the termination right referenced above. 3. Closing. Unless this Agreement is terminated early as provided in the Agreement, the Closing of this transaction shall occur on or before the later of thirty (30) days following (i) expiration of the Due Diligence Period; (ii) Seller's delivery to Buyer of the Seller's Survey; and (iii) water and sewer being available to the boundary of the Property. 4. Impact Fees. Buyer shall be responsible for the payment of all impact fees, capital charges and connection fees applicable to the Property and Building payable at such times as required by the City of Ocoee and in the amounts then being charged by the City of Ocoee. Page 98 of 593 wmenusign W: DMU I UMS-t-OtO-tU I I -U000-OU INI.0Ut9tZ3J Notwithstanding the foregoing, provided Buyer is in compliance with the terms of this Agreement, Seller agrees to waive the requirement for payment of Police and Fire impact fees. 5. Development of the Property. The foregoing restrictions and obligations are material terms to this Agreement, Seller has an interest in ensuring that the development of the Property is consistent with Seller's plans relating to the re -development of the City of Ocoee's downtown area and Buyer acknowledges and agrees that but for the fulfillment of the foregoing, Seller would not sell the Property to Buyer for the Purchase Price: a. Mixed -Use Building. Buyer agrees to construct one (1) multi -story, mixed - use building on the Property (the "Building"). The Building shall be substantially consistent with the building depicted on Exhibit "A" attached to Addendum A. The Building shall be mixed use with retail, office, and residential on the second floor only. Buyer, at Buyer's sole cost and expense, shall be responsible for the design, engineering, permitting and approvals relating to the Building and other improvements to be constructed by Buyer on the Property. In the event Buyer desires to make material deviations to the Building, as the same is depicted in Exhibit "A" ' attached hereto and/or described herein, Buyer shall first obtain the consent of Seller. Such consent may be obtained by the City Manager of the City of Ocoee, or his designee, or, if determined by the City Manager, by the City Cornmission of the City of Ocoee. b. Restriction on Sale. In the event Buyer transfers, sells or conveys the Property (each, a "Transfer") at any time prior to receipt of the first certificate of occupancy for the Building, the proceeds of such Transfer, less the Purchase Price, shall be remitted to Seller at the time of the Transfer. For example, in the event Buyer sells the Property prior to the construction of the Building for $500,000.00, with such Transfer, Seller shall be entitled to $200,000.00 and Buyer shall be entitled to $300,000.00 of the $500,000.00 sale proceeds. Following such Transfer and payment to Seller of the applicable portion of the proceeds from such sale, this restriction on the sale of the Property shall cease and not apply to subsequent Transfers of the Property. C. Restriction on Leases. Prior to receipt of the first certificate of occupancy for the construction of the Building, Buyer may not lease any portion of the Property. d. Demolition of Existing Structure. Seller shall be responsible for the demolition of the existing structure on the Property. e. Repurchase Right. In the event Buyer does not obtain the first certificate of occupancy for the Building on or before twenty-four (24) months following Closing, subject to events of force majeure or other delays outside of the control of Buyer (the "Outside Completion Date"), Seller shall have the right to re -purchase the Property (including any and all improvements located thereon). In the event Buyer has not obtained a building permit for the Building on or before the Outside Completion Date, the purchase price for the reconveyance shall be equal to the Purchase Price under the Agreement. In the event Buyer has obtained a building permit for the Building on or before the Outside Completion Date, the purchase price for the reconveyance shall be equal to one hundred and ten percent (I 10%) of the Purchase Price under the Agreement. In the event Buyer does not obtain the first certificate of occupancy for the Building on or before the Outside Completion Date and Seller desires to repurchase the Property, Seller shall, within sixty Page 99 of 593 4U[F'}enusign w: +7t�tUP4+ tS-[-CSC+ -�L:f 1-[fp Ct-�lF'INi43UG4 6 3 (60) days following the Outside Completing Date, notify Buyer of Seller's election. In the event Seller fails to provide written notice of such election within such time period, Seller shall be deemed to have elected not to repurchase the Property. In the event Seller has timely elected to repurchase the Property, the closing on the reconveyance shall be on or before sixty (60) days following Seller's election notice. Buyer shall be responsible for all closing costs relating to the reconveyance, other than Seller's attorney fees, the conveyance shall be by special warranty deed and the conveyance shall be free and clear of all liens and encumbrances not applicable to the Property as of date of Closing. The foregoing restrictions and obligations shall survive Closing, run with the land and be incorporated into the deed of conveyance of the special warranty deed from Seller to Buyer. 7. Approval By City Commission. Buyer acknowledges that pursuant to Section C- 8(B)(1) of the City Charter, this Agreement must be approved by the City Commission following the holding of an advertised public hearing. Buyer shall execute this Agreement prior to Seller placing this Agreement on an agenda for the City Commission's approval. Buyer shall have the right to withdraw this Agreement for consideration by the City Commission by providing notice to the Seller prior to the City Commission approving this Agreement. 8. Effective Date. This Agreement shall be effective on the date approved by the City Commission of the City of Ocoee and executed by the Mayor of the City of Ocoee (the "Effective Date"). 9. No -Waiver of Sovereign Immunity. Nothing contained in this Agreement or in any instrument executed pursuant to the terms of this Agreement shall be construed as a waiver or attempted waiver by the Seller of its sovereign immunity under the constitution of the laws of the State of Florida. This provision shall survive termination of this Agreement and Closing. [Signature Page to Folloiv] Page 100 of 593 winenusign w: EXECUTED to be effective as of the Effective Date. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY this 2.0fday of 2022. SHUFFIELD, . LOWMAN & WILSO] P.A. 0 CITY OF OCOEE, a Florida municipal corporation 1aA& RUSTY Mayor Date: r IuA Attest, Melanie Sibbitt, City Clerk Date: !lr% 4 ;2 ADVERTISE,q 2022 AND ADOPTED h4wl -,1/ 2022 UNDER AGENDA UNMR-AGENDA ITEM NO. By: IAuffientisic,N irce V V"IM1,01af Name: Marcus V Vinicius Title: President Date: Q51QZ122 Page 101 of 593 PROJECT: FOR ESTIMATE OF PROBABLE CONSTRUCTION COST BAY DRIVE POND & STORM CONNECTION CPH PROJECT NO. 06012.3 ESTIMATED BY: JML DATE: 10/5/2023 CHECKED BY: JML ITEM NO. FDOT PAY ITEM NO. ITEM DESCRIPTION UNIT QUANTITY UNIT COST TOTAL COST 1 120 1 REGULAR EXCAVATION 1660 CY $16,00 $26,560.00 2 425 1 521 INLETS, DT BOT, TYPE C,<10' 2 EA ,040,23 . •.. $8,080.46 3 425 2 61 1 MANHOLES, P-8, 110' 1 EA $$,p113.1'j=. ,� $4,083.11 4 430 175 118 1 PIPE CULV, SRCP, ROUND, 18" S/CD 306 LF 138�07 $42,249.42 5 430 982 125 1 MITERED END SECTION, OPTIONAL — ROUND, 18" CD 1 EA $3,07&84 s $3,073.84 TOTAL $84,046.83 Page 102 of 593 FOR ADDITIONAL DRAINAGE <> I ''" ` A"ON 09 310 311 STRUCTURE & PIPE INFO, - ---F-- SEE PLAN/PROFILES — — --I— — --�— - — —1-- — �� � � � — —ter - -- W W/RETCULINE STEEL GRATE COVER _. x S-108 x _.x x x . 24"x3"SLOT '* -- 4-93.60 S-10 C - iV x _ 22.63' LT - _ - [ - I ' +58.37 LT I - 3" PVC BLEED DOWN PIPE �68•25' 1190 4 W/PLUG.."ORI. SCE q q Bay GRAPHIC SCALE- o'' I „a 117 I I = 20 0 1 C 20 40 I 116 +33.72 STm __-115 41.40' LT I +27.2 114 u _ — ( IN FEET ?, 35.06' ------113�^, 112.5.112 LAG BOLTALUMINUM ANGLE T _— TO INLET, 12" O_Q (TYP.) +xx.xx STATION / OFFSET I 0_109111 i 2 xxJw XX TO FL CONST. POND �„ I 108T ) i(TYP,, -FIT AND WELD (TYP) � 1 _. -. l ALUM. ANGLE (TYP) tXX.XXSTATION /OFFSET XX.XX' XX R287' A N NC>; 1 ( _ELEV TOP+05 . " TOP OF INLETELEV.11700TO EL SURVEY (BAY) 10' PLAN VIEW � '-[2"x2"x111" 2 - ^°°� � ti � ALUMINUM OIL SKIMMER _"- �" / FRAME & PLATE x—,_——Im. 1:4 lo,-, 1:4 1:2 R363' R408' - - r ' ,: a a 12 ELEV. WEIR-0.5 ------ ` - � (TYP) a .. +48.1 1 N N / +74.88 ATTACH BOTTOM OF 1/4" ALUM. BAFFLE, 4 2" BELOW BOTTOM OF4 FIT & WELD TO 0.Do' - �I ��• - D,0 106.22' RT, - '" 1 ITO BAFFLE4BOTTOM OF SKIMMER PLATE SHALL BE 6" BELOW WEIR ELEV. "- � F L 114,10 109 - 110a � / 36.67 RT �� CONTROL " 3" PVC BLEED DOWN PIPE 113-112.5=112 . ELEV. 114.50 W/ PLUG & 2" ORIFICE N.W,L. 114.50 _- _....... V d �1 a I 114-" 115 PIPE SUPPORT v L T I 116 ..g (AS REQUIRED) .... 117 15" RCP �w 118 R38• ! 119 � — X — GROUT PER FOOT INDEX NO. 201 "A" sY TATI ON N +62 7a) 72.4o RT bo +03.48 A ,n 74.04' RT+""� - ,��'� SECTION - -"A" NOTE: SEE GRADING PLAN FOR OUTFALL STRUCTURE LOCATIONS. OUTFACE STRUCTURE LOCATION 7EQUATI STA. 307+48.1 1 - +29.81 � +" SHALL BE FIELD DETERMINED BY THE CONTRACTOR AND APPROVED BY THE ENGINEER. 41.13' RTC STA. 0+00.00 — CON T. POND SEE SHEET 38 FOR OUTFALL STRUCTURE DETAIL '�L �� SWALE GRADING AND N.T.S. DETAILS 120 120 MATCH EXIST. EL MATCH EXIST. EL -- PARCEL LINE _ -- -- GRADE LINE GRADE LINE TOP BERM 119.0 TOP BERM 119.0 PROPOSED RETENTION POND PEAK STAGE 118.0 115 115 NWL 114.5 WEIR EL 117.0 - 7. 1189,143SF 116 6,512 SF GRADE BREAK 112.5 114 - 4,283 SF 112.5 - 2,837 SF 110 - 1,887 SF ti 108 - 1,241 SF POND BOT 108.0 110 110 RETENTION POND SECTION A - A N.T.S. BAY STREET POND EARTHWORK: 107 PROP. GRADE / 107 REGULAR EXCAVATION = 1,597 C.Y. u, `° - 00 ` 0 Ln EMBANKMENT = 64 C.Y. - °' r.J cU O rn O to O � M' c� '. cx7 0+00 1+00 2+00 ------------ 2+20 W/RETCULINE STEEL No. Date Revision By No. Date Revision B Designed by: JML Date: 7/1912022 Kissimmee Ave. /+ City of Ocoee Florida Ptan —pred By: CPH, Inc. Pond Detail Sheet Sheet No. 37 Drawn by: PEA/CP Scale: AS NOTED Qi Al Al 5 n ton k. ax or 7]I ph: 40.322.6641 Licenses: E.g. C.O.A. No. 3215 Arch. Lw.. Na. AA2600926 Survey L.B. No. n43 Landscp. Lic. No. LC0000298 Checked by: JML Approved by: KRL QQ Al Al KURT R. LUMAN, JR., P.E. FL P.E. No. 65036 Job No. 06012.3 C 2022 T-ayc I VO VI juo Sketch and Descri Ra THIS IS NOT A SURVEY Legal Description: A PORTION OF LAND LYING IN SECTION 18, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA BEING DESCRIBED AS FOLLOWS: PARCEL 1: BEGIN IN THE CENTER OF THE MAIN TRACK OF THE FLORIDA MIDLAND RAILROAD AT THE CENTER OF MCKEY STREET CROSSING AS SAID STREET IS SHOWN ON MAP OR PLAT OF THE TOWN OF OCOEE, FLORIDA, NOW ON RECORD IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT OF ORANGE COUNTY, FLORIDA, RUN SOUTH 130 FEET; THENCE WEST 30 FEET FOR POINT OF BEGINNING; RUN THENCE WEST 150 FEET; THENCE NORTH 25 FEET; THENCE EAST 150 FEET; THENCE SOUTH 25 FEET TO THE POINT OF BEGINNING. ALSO: BEGIN IN THE CENTER OF THE MAIN TRACK OF THE FLORIDA MIDLAND RAILROAD AT THE CENTER OF THE MCKEY STREET CROSSING AS SAID STREET IS SHOWN ON THE MAP OR PLAT OF THE TOWN OF OCOEE, FLORIDA, NOW OF RECORD IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT OF ORANGE COUNTY, FLORIDA, RUN SOUTH 130 FEET; THENCE WEST 30 FEET FOR THE POINT OF BEGINNING; RUN THENCE WEST 150 FEET; THENCE SOUTH 50 FEET; THENCE EAST 150 FEET; THENCE NORTH 50 FEET TO POINT OF BEGINNING. PARCEL 2: BEGINNING AT THE CENTER OF THE CROSSING OF MCKEY STREET AND THE FLORIDA MIDLAND RAILROAD IN OCOEE, FLORIDA, RUNNING SOUTH ON THE CENTER OF MAIN TRACK 30 FEET; WEST 30 FEET FOR BEGINNING POINT; RUNNING THENCE WEST 150 FEET; THENCE SOUTH 75 FEET; THENCE EAST 150 FEET; THENCE NORTH 75 FEET TO PLACE OF BEGINNING. ALL SAID LOT OF LAND BEING IN THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 18, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA. LESS THE EAST 28.50 FEET OF THE ABOVE DESCRIBED PARCEL 1 AND PARCEL 2. CONTAINING 18,191 SQUARE FEET, OR 0.42 ACRE MORE OR LESS. (A) - ACTUAL A APPROX - APPROXIMATE (D) AVG - AVERAGE (DE) BB) B BEARING BASIS DEPT - BUILDING D/U AI BM - BENCH MARK (C) - CALCULATED ELEV C - CHORD EDP CB - CHORD BEARING ESMT CCR # - CERTIFIED CORNER FOOT RECORD NUMBER CA - CENTERLINE FF CM - CONCRETE MONUMENT FIND CONC - CONCRETE FP&L CDR - CORNER (G) Abbreviation Leaend: - DELTA GOUT - GOVERNMENT PC - DEED IF, - IRON PIPE PCC - DEED EXCEPTION IR - IRON ROD - DEPARTMENT IR&C - IRON REBAR & CAP PCP - DRAINAGE AND UTILITY L - ARC LENGTH PG EASEMENT LB/ - LICENSED BUSINESS NUMBER PGS - ELEVATION (M) - MEASURED PI - EDGE OF PAVEMENT N & D - NAIL AND DISK POB - EASEMENT NR - NON -RADIAL POC - FLORIDA DEPARTMENT OF NSI - NO SURVEYOR IDENTIFICATION POL TRANSPORTATION NT - NON -TANGENT PRC - FINISH FLOOR OR - OFFICIAL RECORDS - FOUND ORB - OFFICIAL RECORDS BOOK PRM - FLORIDA POWER AND LIGHT (P) - PLAT - GRID (STATE PLANE) PB - PLAT BOOK PT FS - FLORIDA STATUTE FEC Surveyor's Notes: 1. COPIES OF THIS SKETCH AND DESCRIPTION ARE NOT VALID WITHOUT THE ORIGINAL SIGNATURE AND SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. 2. ADDITIONS OR DELETIONS TO SURVEY MAPS OR REPORTS BY OTHER THAN THE SIGNING PARTY OR PARTIES IS PROHIBITED WITHOUT WRITTEN CONSENT OF THE SIGNING PARTY OR PARTIES. 3. BEARINGS SHOWN HEREON ARE RELATIVE TO THE UNE BETWEEN THE TWO STATE PLANE CONTROL POINTS LISTED IN NOTE #6 BELOW AS BEING S 18'20'56" E. 4. THE "LEGAL DESCRIPTION" HEREON WAS PREPARED BY SURVEYOR PER CLIENT REQUEST AND BASED ON THE TITLE SEARCH REPORT PREPARED BY AMERICAN GOVERNMENT SERVICES CORPORATION "ASGC SEARCH# 29292-16", EFFECTIVE DATE MARCH 24, 2019 AT 8:00 A.M. 5. THIS IS NOT A BOUNDARY SURVEY, THIS SKETCH AND DESCRIPTION WAS PREPARED FROM INFORMATION FURNISHED TO THE SURVEYOR, NO FIELD SURVEY WAS PERFORMED TO DEFINE OWNERSHIP. 6. STATE PLANE INFORMATION SHOWN HEREON IS BASED ON THE NORTH AMERICAN DATUM OF 1983 (1990) USING CONTROL POINTS FROM THE THE NGS DATA SHEETS PUBLISHED AT WWW.LABINS.ORG AND ARE AS FOLLOWS: a) DESIGNATION 'AK7261% = N 1523095.74 FEET, E 495497.86 FEET b) DESIGNATION 'AK7149', = N 1571170.99 FEET, E 479553.12 FEET - POINT OF CURVATURE R28E - RANGE 28 EAST - POINT OF COMPOUND R - RADIUS CURVATURE RAD - RADIAL - PERMANENT CONTROL POINT REC - RECOVERED - PAGE REV - REVISION - PAGES RP - RADIUS POINT - POINT OF INTERSECTION R/W - RIGHT-OF-WAY - POINT OF BEGINNING SEC 18 - SECTION 18 - POINT OF COMMENCEMENT SO - SQUARE - POINT ON LINE SO FT - SQUARE FEET - POINT OF REVERSE TB - TANGENT BEARING CURVATURE T22S - TOWNSHIP 22 SOUTH - PERMANENT REFERENCE (TYP) - TYPICAL MONUMENT UE - UTILITY EASEMENT - POINT OF TANGENCY - FLORIDA EAST COAST RAILWAY W/ - WITH Survevor's Certification: I hereby certify that the attached "Sketch and Description" of the hereon —described property is true and correct to the best of my knowledge, information and belief as prepared under my direction on March 30, 2022. 1 further certify that this "Sketch and Description" meets the standards of practice set forth in Rule Chapter 5J-17 of the Florida Administrative Code, pursuant to FS 472.027. For the Firm By. Randall L. Roberts, PSM Professional Surveyor and Mapper Florida Registration No. 3144 Eng.=ENGINEERING L.B. = LICENSED BUSINESS Date: 3/30/2022 Job No. 06012.3 C.O.A.= CERTIFICATE OF AUTHORIZATION Arch=ARCHITECTURAL NOT VALID WITHOUT Landscp. ..=NUMBER N/A STOFFINOT PLICA@= YRI =LICENSED SHEETS 1 AND 2 OF 2. Drawn by: JTF Scale: N/A File: 06012.3-046.DWG No. =NUMBER P.O. POST OFFICE ©=COPYRIGHT 11 A Full Service A & E Firm CITY OF OCOEE Sheet 15 S KISSIMMEE AVE 500 West Fulton Street SECTION 18-TOWNSHIP 22 SOUTH -RANGE 28 EAST Sanford, FL 32771 ORANGE COUNTY, FLORIDA Ph:407.322.6841 SKETCH AND DESCRIPTION jwww.cphcorp.cc,m QC 2022 REMAINDER 1 of 2 Page 104 of 593 Sketch and Descrip1 THIS IS NOT A SURVEY 30 0 30 60 Scale: 1" = 60' N Kil McKEY STREET (60' R/W PER MILLS ADDITION PB 0, PG 47) POC PARCEL 1 & PARCEL 2 CENTER OF THE MAIN TRACK OF THE FLORIDA MIDLAND RAILROAD AT THE CENTER OF McKEY STREET CROSSING CENTER OF THE McKEY— 0 1 STREET CROSSING POB N 89018'01" E z¢ W 150' W 30' F o Of _ J PARCEL 2 Cn �o �o c SUBJECT PARCEL r, WOf O N PARCEL10:18-22-28-0000-00-046 W w ° W OWNER: CITY OF OCOEE z 0 o w o j ADDRESS:15 S KISSIMMEE AVE N � 0 PARCELID:18-22-28-0000-00-074 OCOEE, FL C of w OWNER: CITY OF OCOEE CONTAINS 18,191 SO FT I- U_ o ADDRESS: 214 W MCKEY ST, O OR 0.42 ACREf E 150' m z z OCOEE, FL _ m E 150' E 28.50' N AREA NOT PLATTED N AREA NOT PLATTED N z cn I I Q a W 150 W 30 -..i ¢ o - w i r'n' - Q 1, j E 150' N 89028'50" E 121.50' PARCELID:18-22-28-0000-00-043 OWNER: CERTI-FINE MANAGEMENT CO INC ADDRESS: 121 S KISSIMMEE AVE, OCOEE, FL I AREA NOT PLATTED � v POB z z PARCEL 1 a z z Q 0 WU) W I a CO) Cf) 3 o: 0 cD TITLE BLOCK ABBREVIATIONS Eng. = ENGINEERING L.B. = LICENSED BUSINESS C.O.A.=CERTIFICATE OF AUTHORIZATION Arch= ARCHITECTURAL Date: 3/30/2022 Job No. 06012.3 Landscp.=LANDSCAPE NIA =NOT APPLICABLE Lic. =LICENSED NOT VALID WITHOUT No.=NUMBER P.O.=POST OFFICE ©=COPYRIGHT 11 SHEETS 1AND 2OF2. DraWnby: JTF Scale: 1"=60' File:06012.3-046.DWG A Full Service A & E Firm CITY OF OCOEE Sheet 15 S KISSIMMEE AVE 500 West Fulton Street SECTION 18-TOWNSHIP 22 SOUTH -RANGE 28 EAST Sanford, FL 32771 ORANGE COUNTY, FLORIDA 2 Ph:407.322.6841 SKETCH AND DESCRIPTION www.cphcorp.com © 2022 REMAINDER 2 of 2 Page 105 of 593 Sketch and Descri Ra THIS IS NOT A SURVEY Legal Description: A PORTION OF LAND LYING IN SECTION 18, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA BEING DESCRIBED AS FOLLOWS: �r1����►��Yi>I��h1t�iI�1P.h17[7�1[P��th[e� PARCEL 1: BEGIN IN THE CENTER OF THE MAIN TRACK OF THE FLORIDA MIDLAND RAILROAD AT THE CENTER OF MCKEY STREET CROSSING AS SAID STREET IS SHOWN ON MAP OR PLAT OF THE TOWN OF OCOEE, FLORIDA, NOW ON RECORD IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT OF ORANGE COUNTY, FLORIDA, RUN SOUTH 130 FEET; THENCE WEST 30 FEET FOR POINT OF BEGINNING; RUN THENCE WEST 150 FEET; THENCE NORTH 25 FEET; THENCE EAST 150 FEET; THENCE SOUTH 25 FEET TO THE POINT OF BEGINNING. ALSO: BEGIN IN THE CENTER OF THE MAIN TRACK OF THE FLORIDA MIDLAND RAILROAD AT THE CENTER OF THE MCKEY STREET CROSSING AS SAID STREET IS SHOWN ON THE MAP OR PLAT OF THE TOWN OF OCOEE, FLORIDA, NOW OF RECORD IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT OF ORANGE COUNTY, FLORIDA, RUN SOUTH 130 FEET; THENCE WEST 30 FEET FOR THE POINT OF BEGINNING; RUN THENCE WEST 150 FEET; THENCE SOUTH 50 FEET; THENCE EAST 150 FEET; THENCE NORTH 50 FEET TO POINT OF BEGINNING. PARCEL 2: BEGINNING AT THE CENTER OF THE CROSSING OF MCKEY STREET AND THE FLORIDA MIDLAND RAILROAD IN OCOEE, FLORIDA, RUNNING SOUTH ON THE CENTER OF MAIN TRACK 30 FEET; WEST 30 FEET FOR BEGINNING POINT; RUNNING THENCE WEST 150 FEET; THENCE SOUTH 75 FEET; THENCE EAST 150 FEET; THENCE NORTH 75 FEET TO PLACE OF BEGINNING. ALL SAID LOT OF LAND BEING IN THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 18, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA. CONTAINS 4,274 SQUARE FEET OR 0.10 ACRE, MORE OR LESS. (A) — ACTUAL A APPROX — APPROXIMATE (D) AVG — AVERAGE (DE) BB) B BEARING BASIS DEPT — BUILDING D/U AI BM — BENCH MARK (C) — CALCULATED ELEV C — CHORD EDP CB — CHORD BEARING ESMT CCR # — CERTIFIED CORNER FOOT RECORD NUMBER CA — CENTERLINE FF CM — CONCRETE MONUMENT FIND CONC — CONCRETE FP&L CDR — CORNER (G) Abbreviation Leaend: — DELTA GOUT — GOVERNMENT PC — DEED IF, — IRON PIPE PCC — DEED EXCEPTION IR — IRON ROD — DEPARTMENT IR&C — IRON REBAR & CAP PCP — DRAINAGE AND UTILITY L — ARC LENGTH PG EASEMENT LB/ — LICENSED BUSINESS NUMBER PGS — ELEVATION (M) — MEASURED PI — EDGE OF PAVEMENT N & D — NAIL AND DISK POB — EASEMENT NR — NON —RADIAL POD — FLORIDA DEPARTMENT OF NSI — NO SURVEYOR IDENTIFICATION POL TRANSPORTATION NT — NON —TANGENT PRC — FINISH FLOOR OR — OFFICIAL RECORDS — FOUND ORB — OFFICIAL RECORDS BOOK PRM — FLORIDA POWER AND LIGHT (P) — PLAT — GRID (STATE PLANE) PB — PLAT BOOK PT FS — FLORIDA STATUTE FEC Surveyor's Notes: 1. COPIES OF THIS SKETCH AND DESCRIPTION ARE NOT VALID WITHOUT THE ORIGINAL SIGNATURE AND SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. 2. ADDITIONS OR DELETIONS TO SURVEY MAPS OR REPORTS BY OTHER THAN THE SIGNING PARTY OR PARTIES IS PROHIBITED WITHOUT WRITTEN CONSENT OF THE SIGNING PARTY OR PARTIES. 3. BEARINGS SHOWN HEREON ARE RELATIVE TO THE UNE BETWEEN THE TWO STATE PLANE CONTROL POINTS LISTED IN NOTE #6 BELOW AS BEING S 18'20'56" E. 4. THE "LEGAL DESCRIPTION" HEREON WAS PREPARED BY SURVEYOR PER CLIENT REQUEST AND BASED ON THE TITLE SEARCH REPORT PREPARED BY AMERICAN GOVERNMENT SERVICES CORPORATION "ASGC SEARCH# 29292-16", EFFECTIVE DATE MARCH 24, 2019 AT 8:00 A.M. 5. THIS IS NOT A BOUNDARY SURVEY, THIS SKETCH AND DESCRIPTION WAS PREPARED FROM INFORMATION FURNISHED TO THE SURVEYOR, NO FIELD SURVEY WAS PERFORMED TO DEFINE OWNERSHIP. 6. STATE PLANE INFORMATION SHOWN HEREON IS BASED ON THE NORTH AMERICAN DATUM OF 1983 (1990) USING CONTROL POINTS FROM THE THE NGS DATA SHEETS PUBLISHED AT WWW.LABINS.ORG AND ARE AS FOLLOWS: a) DESIGNATION 'AK7261% = N 1523095.74 FEET, E 495497.86 FEET b) DESIGNATION 'AK7149', = N 1571170.99 FEET, E 479553.12 FEET — POINT OF CURVATURE R28E — RANGE 28 EAST — POINT OF COMPOUND R — RADIUS CURVATURE RAD — RADIAL — PERMANENT CONTROL POINT REC — RECOVERED — PAGE REV — REVISION — PAGES RP — RADIUS POINT — POINT OF INTERSECTION R/W — RIGHT—OF—WAY — POINT OF BEGINNING SEC 18 — SECTION 18 — POINT OF COMMENCEMENT SO — SQUARE — POINT ON LINE SO FT — SQUARE FEET — POINT OF REVERSE TB — TANGENT BEARING CURVATURE T22S — TOWNSHIP 22 SOUTH — PERMANENT REFERENCE (TYP) — TYPICAL MONUMENT UE — UTILITY EASEMENT — POINT OF TANGENCY — FLORIDA EAST COAST RAILWAY W/ — WITH Survevor's Certification: I hereby certify that the attached "Sketch and Description" of the hereon —described property is true and correct to the best of my knowledge, information and belief as prepared under my direction on March 30, 2022. 1 further certify that this "Sketch and Description" meets the standards of practice set forth in Rule Chapter 5J-17 of the Florida Administrative Code, pursuant to FS 472.027. For the Firm By. Randall L. Roberts, PSM Professional Surveyor and Mapper Florida Registration No. 3144 Eng.=ENGINEERING L.B. = LICENSED BUSINESS Date: 3/30/2022 Job No. 06012.3 C.O.A.= CERTIFICATE OF AUTHORIZATION Arch=ARCHITECTURAL NOT VALID WITHOUT Landscp. ..=NUMBER N/A STOFFINOT PLICA@= YRI =LICENSED SHEETS 1 AND 2 OF 2. Drawn by: JTF Scale: N/A File: 06012.3-046.DWG No. =NUMBER P.O. POST OFFICE ©=COPYRIGHT 11 A Full Service A & E Firm CITY OF OCOEE Sheet 15 S KISSIMMEE AVE 500 West Fulton Street SECTION 18-TOWNSHIP 22 SOUTH -RANGE 28 EAST Sanford, FL 32771 ORANGE COUNTY, FLORIDA Ph:407.322.6841 SKETCH AND DESCRIPTION jwww.cphcorp.cc,m QC 2022 ACQUISITION 1 of 2 Page 106 of 593 Sketch and Description: THIS IS NOT A SURVEY 30 0 30 60 Scale: 1" = 60' N McKEY STREET (60' R/W8 R MILLS 47) ADDITION P 0 F� o D_ E► o I PARCEL ID:18-22-28-0000-00-074 CO OWNER: CITY OF OCOEE Q \ ADDRESS: 214 W MCKEY ST, m OCOEE, FL z AREA NOT PLATTED I POC PARCEL 1 & PARCEL 2 CENTER OF THE MAIN TRACK OF THE FLORIDA MIDLAND RAILROAD AT THE CENTER OF MCKEY STREET CROSSING CENTER OF THE McKEY�- 0 1 STREET CROSSING POB PARCEL 2 z a W 150 ' W 30'- o z�Q PARCEL 2 a a x -o LO M � oOWNER: J L`DRESS:15 TV)PARCELID:18-22-28-0000-00-046 CITY OF OCOEE W z w o 0 S KISSIMMEE AVE ' U N 2 OCOEE, FL = Q w 0 d O o E 150' U) w w zw E 150' N AREA NOT PLATTED z W 150' W 150' 0 PARCEL 1 E 150' ACQUISITION CONTAINS 4,274 SO FT OR 0.10 ACRE± PARCEL ID:18-22-28-0000-00-043 OWNER: CERTI-FINE MANAGEMENT CO INC I ADDRESS: 121 S KISSIMMEE AVE, OCOEE, FL I AREA NOT PLATTED 28.50 z Quo W 30'-.'i, a Q o a 020 r POB aI PARCEL 1 w Q a U) �Q_J %z> Waa Woo ww> w o_ o z Cp J 0 CO `Y 00 U- TITLE BLOCK ABBREVIATIONS Eng. = ENGINEERING L.B. = LICENSED BUSINESS C.O.A.=CERTIFICATE OF AUTHORIZATION Arch= ARCHITECTURAL Date: 3/30/2022 Job No. 06012.3 Landscp.=LANDSCAPE NIA =NOT APPLICABLE Lic. =LICENSED NOT VALID WITHOUT No.=NUMBER P.O.=POST OFFICE ©=COPYRIGHT 11 SHEETS 1AND 2OF2. DraWnby: JTF Scale: 1"=60' File:06012.3-046.DWG A Full Service A & E Firm CITY OF OCOEE Sheet 15 S KISSIMMEE AVE 500 West Fulton Street SECTION 18-TOWNSHIP 22 SOUTH -RANGE 28 EAST Sanford, FL 32771 ORANGE COUNTY, FLORIDA 2 Ph:407.322.6841 SKETCH AND DESCRIPTION mm www.cphcorp.conn © 2022 ACQUISITION 2 of 2 Page 107 of 593