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HomeMy WebLinkAboutItem #13 Hampton Inn - Preliminary/Final Site Plan ~". AGENDA ITEM COVER SHEET Meeting Date: July 7,2009 Item # /3 Contact Name: Contact Number: Bobby Howell, MPA X. 1 044 Reviewed By: Development Services Director: City Manager: Subject: Hampton Inn Ocoee Large-Scale Preliminary/Final Site Plan Project # LS-2007 -017 Commission District # 3 - Rusty Johnson Background Summary: The subject parcel is approximately 2.56 acres in size and is located on the south side of Westrun Road. The proposed Hampton Inn hotel is located on Lot 4 of the West 50 Commercial subdivision. This development will be the first development in the West 50 Commercial Subdivision, which was approved by the City Commission on May 15, 2007. The Large-Scale Preliminary/Final Site Plan proposes the construction of a 4 story Hampton Inn hotel that is 61,489 square feet in area. The table below references the future land uses, zoning classifications and existing land uses of the surrounding parcels: South Commercial Zonin Classification C-3 (General Commercial Orange County A ricultural A-1 C-3 (General Commercial C-3 (General Commercial Existin Land Use Vacant parcel in West 50 Commercial Subdivision Twelve single-family residences Direction North Future Land Use Commercial East Commercial West Commercial Master retention pond for West 50 Commercial Subdivision Vacant parcel in West 50 Commercial Subdivision Issue: The proposed hotel will have 101 rooms, with on-site amenities including a swimming pool. A water fountain will serve as a focal point when entering the property. The plan has been designed in accordance with all applicable requirements of the Land Development Code, except for those the applicant is seeking waivers from. When the West 50 Commercial Subdivision plans were presented to the City Commission for approval, the subdivision developer requested a waiver from the Land Development Code requirements for architectural cohesiveness in a commercial subdivision. This would have required the developer to provide a master architectural theme for the subdivision at the time the construction plans were presented for approval. The developer contended that this requirement would preclude nationally recognized end users from locating in the subdivision since the majority has a recognizable architectural style. The City Commission did not approve the waiver request, and agreed that the first building that is constructed in the West 50 Commercial Subdivision will determine the master architectural theme of the subdivision. Furthermore, it was determined that if a waiver is requested in the future by a property owner in the subdivision who contends they cannot design their building to be cohesive with the theme that has been set, the City Commission will evaluate each request on a case-by-case basis. In order to proceed with review of the Large-Scale Preliminary/Final Site Plan, the applicant has requested three waivers from the requirements of the Land Development Code. The City Commission has sole discretion to approve waivers from Code requirements based upon four criteria: 1. If the project is part of an integrated and master planned development; 2. If the project is compatible with surrounding developments; 3. If the project imposes no impacts on City infrastructure greater than that generated by other uses normally permitted in the underlying zoning districts; and lor, 4. If the project provides an offsetting public benefit which is technically sound and measurable. The applicant has justified all waiver requests by providing an upgraded architectural theme to the building that includes a stone veneer around the perimeter of the building. This upgrade is above and beyond the architectural requirements of the Land Development Code. The first waiver that is being requested is to Table 5-2 in Article V of the Land Development Code. This section of the Land Development Code permits a maximum building height of 45-feet in the C-3 (General Commercial) zoning district. The applicant has requested a waiver to this requirement of the Land Development Code to permit a maximum height of 55-feet. The architectural elevations indicate a proposed maximum height of the building of 52.5-feet, with this height being on the main design feature on the front fa<;ade of the building. Section 5-5 (A) of the Land Development Code permits a 10-percent height increase for portions of buildings that are not habitable. The design feature in question exceeds the 10-percent increase by 3-feet, thus the need for a height waiver. The elevations indicate the maximum height of the building where habitable space is 44- feet, 8-inches, which falls under the 45-foot maximum height requirement. This waiver request is only for the main design feature on the front fa<;ade of the building. The second and third waivers that are requested are to Section 6.10 B (4) (A), and Section 6.10 B (4) (D) of the Land Development Code. Section 6.10 B (4) (A) requires a 4: 1 replacement ratio of all protected trees on a development site. Section 6.10 B (4) (D) of the Land Development Code requires: 1) replacement trees to be planted on site, 2) the donation of replacement trees, or 3) a fee paid to the City for the purpose of planting trees on public property for protected trees that are removed from a development site. The applicant has proposed the removal of five Live Oak trees on site, which are considered protected trees by the Land Development Code. Based on the provisions of the Land Development Code, each protected tree over 8-inches diameter breast height (dbh) that is proposed for removal is required to be replaced at a 4: 1 ratio at the expense of the developer with a minimum size 2-inch dbh tree. According to staff's calculations, 20 trees with a minimum of 2-inches dbh would be required to be provided on site as replacement trees. This would require onlv 40 total inches of replacement dbh to be provided on site. One of the trees that the applicant is proposing to remove has a dbh of 30-inches, which is approximately 75-percent of the required total dbh that would be provided if the waiver is not granted. The applicant conveyed to staff early in the review process that this waiver was being requested since the required replacement trees could not adequately be provided on site. A total of 122 new trees are being provided on site in accordance with the landscape requirements of the Land Development Code. An examination of the landscape plan confirms that there appears to be no additional space remaining on site to provide the requisite replacement trees. Staff is recommending approval of all three wavier requests since the applicant has agreed to provide an upgraded architectural theme to the building that includes a stone veneer around the perimeter of the building. This improvement is above and beyond the architectural requirements of the Land Development Code. 2 Since this building is the first building that is proposed for construction in the West 50 Commercial Subdivision, it will set the master architectural theme if the waiver requests are approved. The stone veneer that is proposed around the perimeter of the building is an easy and effective upgrade that has been undertaken by nationally recognized end users such as Texas Roadhouse, and is proposed by Hampton Inn which is one of the largest hotel chains in the United States. Based on this rationale, staff feels that future waiver requests to the established architectural theme of the West 50 Commercial Subdivision will be negated, and the West 50 Commercial Subdivision will become a model for high quality, upscale architecture in the City of Ocoee that will be emulated citywide if the three waivers are approved. Furthermore, staff is of the opinion that these waivers will provide an offsetting public benefit which is technically sound and measurable in the form of higher tax base that is collected on the Hampton Inn hotel, and any future buildings that are constructed in the West 50 Commercial Subdivision since these buildings will be appraised at higher values as are commercial buildings in upscale areas such as Dr. Phillips, and Winter Park that are designed with similar architectural upgrades. Recommendations Development Review Committee Recommendation: The Development Review Committee (DRC) met on July 23, 2008 and reviewed the Large-Scale Preliminary/Final Site Plan. The applicant was notified of outstanding concerns on the plans from the Planning Division, the Engineering Department, and the Legal Department. No additional concerns were addressed, and the DRC voted unanimously to recommend approval of the Large-Scale Preliminary/Final Site Plan, and all three waiver requests, subject to the satisfaction of the outstanding concerns prior to the plans being presented to the City Commission. Planning & Zoning Commission Recommendation: The Planning & Zoning Commission met on August 12, 2008 to consider approval of the Large-Scale Preliminary/Final Site Plan and the three waiver requests for Hampton Inn Ocoee. Following the deliberations, the members of the Planning & Zoning Commission voted unanimously (5-0) to recommend approval of the Large-Scale Preliminary/Final Site Plan for Hampton Inn Ocoee, including all three waiver requests subject to the satisfaction of the outstanding concerns prior to the plans being presented to the City Commission for approval. Staff Recommendation: Staff recommends that the Honorable Mayor and City Commissioners approve the Large-Scale Preliminary/Final Site Plan for Hampton Inn Ocoee, including all three waiver requests. Attachments: Location Map Architectural elevations, Hampton Inn Ocoee Large-Scale Preliminary/Final Site Planning Division Easement Encroachment Agreement Financial Impact: None 3 . Type of Item: X (please mark with an "x") Public Hearing Ordinance First Reading Ordinance Second Reading Resolution Commission Approval Discussion & Direction For Clerk's De1Jt Use: ____ Consent Agenda ____ Public Hearing Regular Agenda Original Document/Contract Attached for Execution by City Clerk Original Document/Contract Held by Department for Execution N/A N/A N/A Reviewed by City Attorney Reviewed by Finance Dept. Reviewed by 0 4 e arms V1. c;;?. ro ~ ~ 0- ~ N c.D Hampton Inn Location Map Colonial Floridas Turnpike CIJ E ~ ro u.... ro ..c CIJ ~ ro Tomyn I Copy of Public Hearing Advertisement Date Published Dq 01( \ a V\Ctu SeAtl.\i f\e- \ --rvu.trMtuJ) ~ \tU 1- (( uveI Advertisement CITY NOTICE Of , HAMPTON I I flNA lS.200HI17 ~~II~~ l~e~~r~~Y4~V~'&~\t~: Ocoee Land Development \ Code, that an TUESOAY. JULY 7. t~~ie~\t~~5 Jsmprg~ti~~I.'~~~ ~gjlJEa C~rsl&OWli~~hO~t "W~ ! Ocoee .City CommissIOn I Chambers, 150 North Lak~- shore Drive, Ocoee, FlOri- da, to consider the Homptpn Inn Preliminary/Final Site P Ian located on the south side of Westrun Rood, op- 6jr~~~rt~i~~0~~:~rd:~ri: I fication nu mber is' 30-22-28- I 9172-1)4-000. I nterested parti~~ may !JP- 6~~r b~t ~~~rgu~li\~.~~~~~c1 to the proposed actIons. The complete' case. file, in- cluding a complete legal de- ,. scription bv metes and :l bounds, may be inspected : at the Ocoee Planning De- partment, 150 North Lak~- s shore Drive, Ocoee, Flon- do, befween the. hours of 8:00 a.m. and 5:~0 p.m., Monday through Frtday, ex- cept legal holidays. The City Co'mmi.ssion !}'lav rg~/~~; J~fe~ua~dc t~,;,a:t~~ it deems necessary. Any m- terested party shall b~ ad- vised that the dates, times, and pieces of any con!lnua- tion of these or continued public hearin~s shall be an- nounced durIng the hear- ings and that no further no- tices regarding these mat- ters will be published. You are advised that any person who desires to app~al any decision made during the public hearings will ne~d a record of the proceedings and for this. purpose may need to ensure that a verba- tim record of t~e Rroceed- ings is made which m~ludes the testimony and eVlden<;e upon which the appeal IS based. Persons wi,th disabil- ities needing assIstance to participate in any of the prpceedings should qmtoct 'the City Clerk's a.fflce 48 hours in advance of the meeting at (407) 905-3105. Beth Eikenberry, City Clerk OLS997295 612512009 ----..-.-- Page 1 of2 ~4.eM&. \) Eikenberry, Beth From: Howell, Bobby Sent: Tuesday, July 07, 20093:03 PM To: Eikenberry, Beth Subject: FW: Hampton Inn Beth, This email came from the Assistant City Attorney yesterday regarding our motion for the approval of the Hampton Inn. Based on this emaill have revised my motion for approval to be consistent with what is below. Can you please enter this into the record and put it at each of the Commissioner's seats so they will have the correct motion for approval. Thanks. Bobby From: Watson, Dorothy E. (mailto:DWatson@foley.com] Sent: Monday, July 06,200911:23 AM To: Howell,' Bobby Cc: Seaver, Sherry; Rosenthal, Paul Subject: Hampton Inn Bobby, We noticed .that the approval of the Hampton Inn site plan is on the agenda for tomorrow night. However, it does not appear that the easement encroachment agreement is on the agenda for approval. Can you add this approval to your staff recommendation? Please note that we are waiting for additional documents from the applicant - namely, a legal description of the encroachment area and a joinder from their mortgage holder. Please note that the approval should be conditioned upon receipt of these items. Thank you- Dottie . Dorothy E. Watson Foley & Lardner LLP 111 N. Orange Ave. #1800 Orlando, FL.: 32804 407-244-3236 DIRECT 407-648-1743 FAX dwatson@foley.com The preceding email message may be confidential or protected by the attorney-client privilege. It is not intended for transmission to, or receipt by, any unauthorized persons. If you have received this message in error, please (i) do not read it, (ii) reply to the sender that you received the message in error, and (iii) erase or destroy the message. Legal advice contained in the preceding message is solely for the benefit ofthe Foley & Lardner LLP client(s) represented by the Firm in the particular matter that is the subject of this message, and may not be relied upon by any other party. 7/7/2009 Page 2 of2 'f.1 &~I: Internal Revenue Service regulations require that certain types of written advice include a disclaimer. To the extent the preceding message contains advice relating to a Federal tax issue, unless expressly stated otherwise the advice is not intended or written to be used, and it cannot be used by the recipient or any other taxpayer, for the purpose of avoiding Federal tax penalties, and was not written to support the promotion or marketing of any transaction or matter discussed herein. 7/7/2009 ! . , THIS INSTRUMENT PREPARED BY: Dorothy E. Watson, Esq. FOLEY & LARDNER III North Orange Avenue, Suite 1800 Post Office Box 2193 Orlando, FL 32802-2193 (407) 423-7656 AFTER RECORDING RETURN TO: For Recording Purposes Only Engineering Department CITY OF OCOEE 150 N. Lakeshore Drive Ocoee, Florida 34761 EASEMENT ENCROACHMENT AGREEMENT THIS EASEMENT ENCROACHMENT AGREEMENT (this "Agreement") is made and entered into this _ day of , 2009 by and among KAPS HOSPITALITY LLC, a Florida limited liability company, whose address is 6601 South Magnolia Avenue, Ocala, Florida 34476 (the "Owner"), the WEST 50 COMMERCIAL PROPERTY OWNERS ASSOCIATION, INC., a Florida corporation not for profit, whose address is 1411 Edgewater Drive, Suite 101, Orlando, Florida, 32804 (the "Association"), and the CITY OF OCOEE, a Florida municipal corporation, whose address is 150 North Lakeshore Drive, Ocoee, Florida 34761 (the "City"). W!IN ~~~~IH: WHEREAS, the Owner owns fee simple title to certain real property lying and being situate in Orange County, Florida, more particularly described in Exhibit "A" attached hereto and incorporated herein (the "Hampton Inn Property"); and WHEREAS, the Hampton Inn Property is located within a commercial subdivision known as "West 50 Commercial Subdivision," as shown on the plat thereof, recorded in Plat Book 70, Page 84, Public Records of Orange County, Florida (the "West 50 Plat"); and WHEREAS, pursuant to the West 50 Plat, the Hampton Inn Property is subject to a 20' wide drainage and access easement in favor of the City and the Association (the "Easement"), which is located over, upon, under and across a portion of Hampton Inn Property, which area is more particularly described in Exhibit "B" attached hereto and incorporated herein (the "Easement Area"); and WHEREAS, contemporaneous with the execution of this Agreement, the City Commission of the City has approved that certain Preliminary/Final Site Plan for Hampton Inn ORLA_1086531.5 .. Ocoee, as prepared by Sycamore Engineering, Inc. and date stamped as received by the City on , with such additional revisions thereto as may be reflected in the minutes of said City Commission meeting (the "Site Plan"); and WHEREAS, the Site Plan includes the design, engineering and construction details for the placement of a dumpster, storage shed and certain other improvements (collectively, the "Improvements") within the Easement Area; and WHEREAS, the City and the Association are willing to permit the Owner to place the Improvements within the Easement Area, subject to the terms, conditions and limitations of this Agreement. NOW, THEREFORE, in consideration of the covenants stated herein and other good and valuable consideration, the sufficiency and receipt of which are hereby acknowledged, the parties hereto agree as follows: SECTION 1. Recitals. The foregoing recitals are true and correct and are incorporated herein by reference. SECTION 2. Development in Accordance with the Site Plan. The Owner hereby agrees that the Hampton Inn Property shall be developed in accordance with the Site Plan and all permits and approvals issued by the City and other governmental entities; provided, however, that the foregoing shall not preclude the Owner, its successors or assigns from seeking modifications to the portion of the Site Plan relating to the Easement Area. Any future modification to the portion of the Site Plan relating to the Easement Area shall be reviewed by the City in its capacity both as a governmental agency and as the holder of an easement affected by the requested modification. In its capacity an easement holder, the parties hereto agree that the City may, in its sole and absolute discretion, accept or reject any such proposed modification. SECTION 3. Permission for Placement of Improvements. The City and the Association hereby give the Owner permission to place the Improvements within the Easement Area in accordance with the Site Plan. This permission does not restrict, diminish, or eliminate any rights of the City or the Association with respect to the Easement, including the rights to access, inspect, maintain, operate, construct and/or reconstruct any existing or future drainage improvements located within the Easement Area. SECTION 4. Removal of Improvements. (a) Except as provided in Section 4(b) below, in the event the Association or the City, including their agents or assigns (each, an "Easement Holder"), requires to access, inspect, maintain, operate, construct and/or reconstruct any existing or future drainage improvements located within the Easement Area, then the Easement Holder may direct the owner to remove any or all of the Improvements from the Easement Area. Upon forty-eight (48) hours Notice to Owner by the Easement Holder, the Owner, at Owner's 2 ORLA_1086531.5 sole cost and expense, shall remove the Improvements from the Easement Area as directed by the Easement Holder. (b) In the event that the Easement Holder has given forty-eight (48) hours notice to Owner in accordance with the provisions of Section 4(a) above and the Owner has not undertaken to remove or relocate any or all of the Improvements as requested, then the Easement Holder, may remove any or all of the Improvements from the Easement Area without further notice to the Owner. (c) Notwithstanding any other provision in this Agreement to the contrary, in the event that the Easement Holder, in its sole and absolute discretion, determines that there is an emergency requiring that the Easement Holder immediately access, inspect, maintain, operate, construct and/or reconstruct any existing or future drainage improvements located within the Easement Area, then the Easement Holder may remove any or all of the Improvements from the Easement Area for this purpose. The Easement Holder shall attempt to provide verbal notice of the emergency to the Owner or its agent or to an agent or tenant of the Owner present at the Hampton Inn Property and to allow the Owner to immediately remove the Improvements from the Easement Area upon such notice. However, it is expressly agreed that no notice is required to be given for the Easement Holder to exercise its rights under this section. SECTION 5. Reimbursement of Expenses. If the Easement Holder moves or removes all or any of the Improvements pursuant to Section 4(b) or 4( c) above, then the Owner shall, within thirty (30) days, reimburse the Association, the City, or their assigns, as applicable, for any and all costs and expenses thereby incurred. SECTION 6. Indemnity, The Owner agrees to indemnify, defend and hold harmless the City and the Association, and their respective officials, agents, employees and assigns from and against any and all claims, actions, suits, proceedings, causes of action, losses, damages, injuries, liabilities, costs, charges or expenses, including without limitation reasonable attorneys' and paralegals' fees and costs (whether incurred before, during or after trial, or any appellate level), arising from or in any way related to the Agreement or the Owner's placement of the Improvements within the Easement Area. SECTION 7. Covenant Runnine with the Land. This Agreement shall run with the Hampton Inn Property, and shall inure to and be for the benefit of the parties hereto and their respective successors and assigns and any person, firm, corporation, or entity who may become the successor-in-interest to the Hampton Inn Property or any portion thereof subject to the Easement. SECTION 8. Attorneys' Fees. In the event that any party hereto finds it necessary to commence an action against one or both of the other parties to enforce any 3 ORLA_1086531.5 provision of this Agreement or because of a breach of any terms hereof, the prevailing party shall be entitled to recover from the other party(ies) its reasonable attorneys' fees, paralegals' fees and costs incurred in connection therewith, at both trial and appellate levels, including bankruptcy proceedings, without regard to whether any legal proceedings are commenced or whether or not such action is prosecuted to judgment. SECTION 9. Amendments. No amendment, modification or other change in this Agreement shall be binding upon the parties unless in writing an executed by all the parties hereto. SECTION 10. Specific Performance. Both the City and the Association shall have the right to enforce the terms and conditions of this Agreement by an action for specific performance. SECTION 11. Applicable Law. This Agreement and the provisions contained herein shall be construed, controll ed and interpreted according to the laws of the State of Florida, with venue in the Circuit Court in and for Orange County, Florida. SECTION 12. Time is of the Essence. Time is hereby declared of the essence to the lawful performance of the duties and obligations contained in this Agreement. SECTION 13. Further Documentation. The parties agree that at any time following a request therefore by another party, each shall execute and deliver to the other party such further documents and instruments, in form and substance reasonably necessary to confirm and/or effectuate the obligations of each of the parties hereunder. SECTION 14. Captions. Captions of the Sections and Subsections of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of the Agreement. SECTION 15. Severabilitv. If any word, sentence, phrase, paragraph, provision, or portion of this Agreement is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion hereof so long as the purpose and intent of this Agreement can still be achieved. SECTION 16. Effective Date. This Agreement shall first be executed by the Owner and the Association and submitted to the City for approval by the Ocoee City Commission. Upon approval by the Ocoee City Commission, this Agreement shall be executed by the City. The Effective Date of this Agreement shall be the date of execution by the City. SECTION 17. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original but all of which together shall constitute one and the same instrument. 4 ORLA_ 1086531.5 SECTION 18. Recordation of A2recment. The parties hereto agree that an executed original of this Agreement shall be recorded by the City, at the Owner's expense, in the Public Records of Orange County, Florida. SECTION 19. Notice. Any written notice delivered with respect to this Agreement shall be deemed to be delivered (whether or not actually received) (i) when hand delivered to the other party, (ii) upon receipt when deposited in the United States Mail, postage prepaid, certified mail, return receipt requested, or (iii) the next business day after being sent by nationally recognized overnight delivery service for next business day delivery, all addressed to the party at the address appearing on the first page of this Agreement, or such other person or address as the party shall have specified by written notice to the other party delivered in accordance herewith. The notice addresses of Owner, Association, and City are as follows: KAPS HOSPITALITY LLC, a Florida limited liability company, 6601 South Magnolia A venue, Ocala, Florida 34476 ATTN: Phone: OWNER: ASSOClA TION: WEST 50 COMMERCIAL PROPERTY OWNERS ASSOCIATION,INC. 1411 Edgewater Drive, Suite 101 Orlando, Florida, 32804 ATIN: Phone: CITY: CITY OF OCOEE 150 North Lakeshore Drive Ocoee, Florida 34761 A TIN: City Manager Phone: 407-905-3100 x1502 [REMAINDER OF PAGE INTENTIONALLY LEFT BLANKl 5 ORLA_1086531.5 FOLEY & LARDNER LLP DRAFT ovember 5, 2008 IN WITNESS WHEREOF, the Owner, the Association and the City have caused this instrument to be executed by their duly authorized elected officials, partners, and/or officers as of the day and year first above written. Signed, sealed and delivered in the presence of: OWNER: By: Print Name: fv It. t;- iIV J) czj! " . ~~~ Print Nam~~ lSroiJJ rJ KAPS HOSPI limited liabili I-LcA) '?~) Title: ?\11 !i--fI/ /+Ci 411- - ~ Print Name:~lflJkA2J)E:e... STATE OF COUNTY OF rt~t. I~ I HEREBY CERTIFY that on this day before me, an officer duly authorized in the State and County aforesaid to take acknowledgements, personally appeared ~ , as ~. of KAPS HOSPITALITY LLC, a Florida limited liability company, aid that slhe acknowledged executing the same in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in him by said company. s'lhe [ vris personally known to me, or [ ] produced las identification. II WITNESS my hand and official seal in the County and State la . s J:l day of 1{~,,~ -€- ' 20q8:? Name of Notary (Typed, Printed or Stamped) Commiss My Com '. , erG'~ 'fAOOi1Sial) P I~E~ib~~A5S~al : Mrr,;!. ' ;lUlU Bonded 1lru Not!,lV"'bIk, l:,,,jlllwrlter. ,-,' .. 6 ORLA_1086531.5 Signed, sealed and delivered in the presence of: ASSOCIATION: WEST 50 COMMERCIAL PROPERTY OWNERS ASSOCIATION, INC., a Florida c rporation not for pr fit r By: ;;/ .11 - ~" Print Name: KOl6E'lZr t{1, ~/rr D " Title: ~~ ~~.-?d:?~ ~fiVL LL-~ PrintName:~'o~t C t4.&v.rt- [):::: ~!kMTf- STATE OF Plor t-J u.' COUNTY OF orr;d~J('" I HEREBY CERTIFY that on this day before me, an officer duly' authorized in the State and County aforesaid to take acknowledgements, personally appeared I2oh,r+ (1). I-k:u' .-W , as Pr~~ ;-r{rtrl-- of WEST 50 COMMERCIAL PROPERTY OWNERS ASSOCIATION, INC., a Florida corporation not for profit, and that slhe acknowledged executing the same in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in him by said corporation. Slhe P<.fis personally known to me, or [ ] produced as identification. WITNESS my hand and official seal in the County and State last aforesaid thisa2S::0ay ....-;" of, ju(\-e ,2008. '4U'U ~w ~~o~ ~ . JOI1 . 1.., r"'-rc:.'t' . Name of Notary (Typed, Printed or Stamped) Commission Number (if not legible on seal) My Commission Expires (ifnot legible on seal) 7 ORLA_1086531.5 Signed, sealed and delivered in the presence of: CITY: CITY OFOCOEE, a Florida municipal corporation By: Print ~ame: S. Scott Vandergrift, Mayor Attest: Beth Eikenberry, City Clerk Print Name: FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, APPROVED AS TO FORM AND LEGALITY THIS DAY OF ,2009 APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING HELD ON ,2009 UNDER AGENDA ITEM NO. FOLEY & LARDNER LLP City Attorney STATE OF FLORIDA COUNTY OF ORANGE I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to make acknowledgments, personally appeared SCOTT VANDERGRIFf and BETH EIKENBERRY, respectively, of the City of Ocoee, a Florida municipal corporation, 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 ,2009. Signature of Notary Name of Notary (Typed, Printed or Stamped) COl1U11ission Number (if not legible on seaIL___ My Commission Expires (ifnollegible on seaIL____ 8 ORLA_1086531.5 ORLA_1086531.5 EXHIBIT "A" (The "Hampton Inn Property") Lot 4 of West 50 Commercial Subdivision, according to the plat thereof, as recorded in Plat Book 70, Page 84, Public Records of Orange County, Florida. 9 JOINDER AND CONSENT TO AGREEMENT (EASEMENT ENCROACHMENT AGREEMENT) The undersigned hereby certifies that it is the holder of a mortgage, lien or other encumbrance recorded in Official Records Book 9878, Page 6447 of the Public Records of Orange County, Florida, upon the above described property and the undersigned for and in consideration of valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby join in and consent to the execution of the foregoing Agreement (Easement Encroachment Agreement) and agrees that the lien of its mortgage described herein above shall be subordinated to the aforedescribed Agreement. IN WITNESS WHEREOF, the undersigned has caused these presents to be executed this _ day of , 200i9. Signed, sealed and delivered in the presence of: SURETY BANK, a Florida banking corporation By: Print Name: Printed Name: Title: Print Name: STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of ,2009, by who is the of ,a He/she L-J is personally known to me, or L-J has produced as identification. Signature of Notary Name of Notary. (Typed, Printed or Stamped) ORLA_1359662.1