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HomeMy WebLinkAboutItem #15 F/X Design Group " AGENDA ITEM COVER SHEET Meeting Date: September 15, 2009 Item # \ 5 Contact Name: Contact Number: Bobby Howell, MPA X. 1044 Reviewed By: Development Services Director: City Manager: Subject: FX Design Group, LLC Preliminary/Final Subdivision/Site Plan Project # LS-2007 -022 Commission District # 3 - Rusty Johnson Background Summary: The subject property is approximately 20.89 acres in size and is located on the west side of the intersection of Lakewood Avenue and Laurel Ridge Avenue. The Preliminary/Final Subdivision/Site Plan proposes the construction of a light industrial subdivision that will contain an addition to the existing FX building, flex space units, and office space. The table below references the future land uses, zoning classifications and existing land uses of the surrounding parcels: Direction Future Land Use ZoninQ Classification ExistinQ Land Use North Low Density Residential Orange County A-1 Several single-family homes (AQriculture) East Low Density Residential City of Ocoee PUD Single-family residential subdivision, in (Planned Unit the City limits scattered area of Development), Orange residential units in Orange County County R-2 iurisdiction South Heavy Industrial City of Ocoee 1-2 One single-family residence, wooded (General Industrial) area consistinq of wetlands West Conservation/Floodplai ns, City of Ocoee R-1AA Vacant City owned parcel with one Low Density Residential (Single-Family single-family residence, West Orange Dwelling), Orange Girls Club fields and wetland area County A-1 (Agriculture) Issue: The FX site will be accessed via an access drive aisle leading into the site from Lakewood Avenue. The plan proposes the construction of infrastructure to accommodate an addition to the existing FX building, seven flex space units ranging in size from 20,000 to 28,000 square feet, and a 6,000 square foot office building adjacent to Lakewood Avenue that will be constructed in the future. The flex space units will have loading spaces to accommodate the truck traffic that is anticipated to access the site. A retention pond totaling approximately 1.96 acres in size will be constructed in the rear of the site. Additionally, a lift station tract adjacent to the retention area will be dedicated to the City. The site has three separate zoning designations, 1-1 (Light Industrial), 1-2 (General Industrial), and R-1AA (Single-family dwelling). All but one of the flex-space units are proposed for construction on the 1-1 portion of the site. The addition to the existing FX facility and one of the flex-space units are proposed for construction on the 1-2 portion of the site, and the R-1AA portion of the site is reserved for a 50-foot wide Drainage and Conservation Easement per a 2003 Development Agreement that is applicable to the site. The site was designed in accordance with the Conditions of Approval from the aforementioned Development Agreement. Major requirements from the agreement that are shown on the plan include: 1) a 50-foot setback from Lakewood Avenue, 2) a dedication of 40-feet of right-of-way from the centerline of Lakewood Avenue, and, 3) dedication of sufficient right-of-way for the construction of adequate left and right turn lanes leading onto the property from Lakewood Avenue. The applicant has committed to preserving as many trees as possible on the site. Areas where tree removal is proposed include the main flex-space portion of the site, the retention area, adjacent to several of the buildings, and adjacent to the parking area on the north side of the property. During construction, the staff forester will closely monitor the site to determine if there are any trees that are proposed for removal on the plan that can be preserved. Additionally, the applicant has proposed a tree replacement schedule for the specimen Oak trees that are targeted for removal in accordance with the requirements of the Land Development Code. The applicant has requested one waiver to the Land Development Code, which will be presented separately to the City Commission. The waiver request is to Section 6.14 (2)(c)(4). This section of the Land Development Code requires a 6-foot high brick wall with landscaping where industrial projects abut residential properties. The applicant is requesting relief from this requirement along the western and northern property lines in order to utilize the existing 50-foot Drainage and Conservation Easement as a buffer. The applicant has justified the request by indicating the 50-foot Drainage and Conservation Easement will provide an adequate buffer between the two uses. The Land Development Code requires a 50-foot wide landscape buffer between residential and industrial uses that is supplemented by a 6-foot high wall. Sounds emitted from the property may potentially carry over a 6-foot high wall. The 50-foot Drainage and Conservation Easement that is provided along the north and west property lines is very thick and full of trees that will buffer any noise that is heard beyond the property line and shield the property from view. Additionally, the Land Development Code has provisions which cap noise levels at property lines, and if said caps are violated, such violation can result in Code Enforcement action against the violating property owner. Based on this, staff supports the applicant's request to waive the requirement for a 6-foot wall along the northern and western property lines and to utilize the 50-foot Drainage and Conservation Easement as the buffer between the two uses. The surrounding roadway networks are over capacity, and as a result the development has been determined not to be concurrent. In order to satisfy state mandated traffic concurrency requirements, the applicant and the City have proposed a traffic mitigation agreement in the amount of $26,227.80. This money will be utilized to pay for roadway improvements on the surrounding roadway network that are necessary as a result of the impacts generated by this development. The agreed upon amount will have to be paid upon the commencement of the construction, or within 4 years from the effective date of the agreement. Recommendations Development Review Committee Recommendation: The Development Review Committee (DRC) met on July 7, 2009 and reviewed the Preliminary/Final/Subdivision/Site Plan. The applicant was notified of outstanding fees totaling $1,426.50 that are required to be paid in full prior to the plans being presented to the City Commission for approval. Staff voted unanimously to recommend approval of the Preliminary/Final/Subdivision/Site Plan for FX Design Group, LLC subject to the satisfaction of the outstanding fee being paid prior to the plans being presented to the City Commission for approval. 2 Planning & Zoning Commission Recommendation: The Planning & Zoning Commission met on July 14, 2009 to consider approval of the Large-Scale Preliminary/Final Site Plan and the waiver request for FX Design Group, LLC. Following the deliberations, the members of the Planning & Zoning Commission voted 8-1 to recommend approval of the Preliminary/Final Subdivision/Site Plan, including the waiver request subject to the applicant demarcating the 50-foot Drainage and Conservation Easement with a silt fence 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 Preliminary/Final Subdivision/Site Plan for FX Design Group, LLC, including the waiver request. Attachments: Location Map Future Land Use Map Zoning Map Preliminary/Final/Subdivision/Site Plan of FX Design Group, LLC Traffic Mitigation Agreement Lot Tying Agreement Conservation Easement Financial Impact: None Type of Item: (p/ease mark with an "x") .-lL. Public Hearing Ordinance First Reading Ordinance Second Reading Resolution Commission Approval Discussion & Direction For Clerk's Deot Use: ____ Consent Agenda Public Hearing ____ Regular Agenda _ Original Document/Contract Attached for Execution by City Clerk _ Original Document/Contract Held by Department for Execution Reviewed by City Attorney Reviewed by Finance Dept. Reviewed by 0 N/A N/A N/A 3 PREPARED BY: Paul E. Rosenthal, Esq. FOLEY & LARDNER 111 North Orange Avenue, Suite 1800 Post Office Box 2193 Orlando, FL 32802-2193 (407) 423-7656 RETIJRN TO: City Clerk CITY OF OCOEE 150 N. Lakeshore Drive Ocoee, PL 34761 (407) 656-2322 Parcel ID # 07-22-28-()()()()-00-048 and # 01-22-28-0000-00-049 For Recording Purposes Only LOT TYING AGREEMENT WHEREAS, FIX Scenery & Display, Inc., a Florida for profit corporation with a principal address of 922 North Lakewood Avenue, Ocoee, FL 34761, hereinafter referred to as "Owner" is the owner of certain real estate located within the corporate limits of the City of Ocoee, County of Orange, State of Florida, more particularly described as follows, to wit: The Southeast % of the Southeast 1/4 of Section 7, Township 22 South, Range 28 East, Orange County, Florida, less the North 396 feet thereof and also less the South 696 feet thereof and also less the East 30 feet thereof for road right-of-way and also less the North 75 fee of the South 771 feet of the East 215 feet of said Southeast % of the Southeast 1/4 and also less: Begin at a point 30.00 feet West and 771 feet North of the Southeast corner of the Southeast 1/4 of Section 7, Township 22 S., Range 28 East, Orange County, Florida; Thence run West 185 feet; Thence run North 10 feet; Thence run East 185 feet; Thence run South 10 feet to the Point of Beginning. Together with: -1- Begin at Northeast comer of Southeast lA of Southeast lA of Section 7, Township 22, Range 28 East, run South 396 feet, thence West 1320 feet, thence North 396 feet, thence East 1320 feet, to the point of Beginning, less East 30 feet for road right-of-way. WHEREAS, as part of the approval of Owner's Preliminary/Final Site Plan (LS-2oo7-22) the City has required that the Owner execute and record a binding agreement that all of the above described real estate shall be tied together and remain as a single, integral parcel and shall not be subdivided, sold or otherwise disposed of in lesser constituent parcels without the prior approval of the City. NOW, THEREFORE, in consideration of the aforementioned Preliminary/Final Site Plan approval and other good and valuable consideration the receipt and sufficiency of which are hereby acknowledged, Owner covenants and agrees as follows: 1. That the above described real estate shall hereafter be retained in and shall remain as a single, integral parcel, and shall not be sold, otherwise disposed of, or encumbered in lesser constituent parcels, unless same are dedicated to the public, or with the prior written consent of the City of Ocoee as evidenced in a recorded document. 2. This Agreement shall be binding upon the successors, heirs, executors, administrators, or assigns of the Owner, and shall be a covenant running with the real estate hereinabove described. 3. This Agreement may not be amended, rescinded, repealed, or modified without the written consent of the City of Ocoee. IN WITNESS WHEREOF, the Owner has caused these presents to be duly executed on this Z!:L day of ..) 0 L Lf , 2009. ! f SIGNATURES FOLLOW ON NEXT PAGE -2- Signed, sealed and delivered in the presence of: FIX SCENERY & DISPLAY, INC., a Florida for profit corporation Print Name: BY:hr/~ Print Name: Mack McLaughlin Its: President STATE OF FLORIDA COUNTY OF ORANGE The foregoing instrument was acknowledged before me this ~;2 3> day of :r u \ ~ ' do~q by Mack McLaughlin, President of FIX Scenery & Displ a Flo_ ida for profit corporation on behalf of the corporation. He is personally known to me r has produced ~~ as identification. ~ _Ag>j/)vfJ1 :5~ ~p Notary Public Slale of FlOrida No Public /- ~ d f Linda M Snyder Print Name: IfJd~ f) ~ e-f2- ~ c ; My Commission D0795251 ,. ~ ~o,....'of Expires 06/15/2012 My Commission Expires: (0 J I;;!() I '-^'IV -3- JOINDER AND CONSENT TO LOT TYING AGREEMENT The undersigned hereby certifies that it is the holder of the following: that certain Mortgage and Security Agreement from FIX Production Services, Inc. dated February 13, 1997, recorded in O.R. Book 5201, Page 2797; that certain Mortgage, Security Agreement, Financing Statement and Assignment of Rents from FIX Scenery & Display, Inc. dated September 2, 2003 and recorded in O.R. Book 7079, Page 919; that certain Mortgage from FIX Scenery & Display, Inc. dated December 6, 2004 and recorded in O.R. Book 7773, Page 4897; that certain Mortgage and Assignment of Rents from FIX Scenery & Display, Inc. dated November 15, 2005 and recorded in O.R. Book 8316, Page 3908; and that certain Mortgage and Assignment of Rents from FIX Scenery & Display, Inc. dated November 15, 2005 and recorded in O.R. Book 8317, Page 4, all among the Public Records of Orange County, Florida, and that the undersigned hereby joins in and consents to and agrees that its mortgages, liens or other encumbrances shall be subordinated to the foregoing Lot Tying Agreement. Signed, sealed and delivered in the presence of: Wachovia Bank, N .A. successor by merger to SouthTrust Bank, N.A. By: Print Name: Name: Print Name: Title: STATE OF FLORIDA COUNTY OF THIS IS TO CERTIFY that the foregoing instrument was acknowledged before me this day of 2009 by as of Wachovia Bank, a National Association, successor by merger to SouthTrust, on behalf of the bank. S/he _ is personally known to me or produced as identification. WITNESS my hand and official seal in the County and State last aforesaid this _ day of , 2009. Notary Public, State of Florida at Large. My Commission Expires: Serial No. -4- JOINDER AND CONSENT TO AGREEMENT The undersigned hereby certifies that it is the holder of that certain mortgage from FIX Scenery & Display, Inc. to Administrator of the Small Business Administration, an agency of the United States of America dated January 15, 2005 and recorded in Official Records Book 7908, Page 3234, Public Records of Orange County, Florida and that the undersigned hereby joins in and consents to execution of the foregoing Lot Tying Agreement and agrees that its mortgage, liens or . other encumbrances described herein above shall be subordinated to the aforedescribed Agreement. Signed, sealed and delivered in the presence of: Small Business Administration, an agency of the United States of America By: Print Name: Name: Print Name: Title: STATE OF FLORIDA COUNTY OF THIS IS TO CERTIFY that the foregoing instrument was acknowledged before me this _ day of , 2009 by as of the Small Business Administration, an agency of the United States of America, on behalf of the Small Business Administration. Slhe _ is personally known to me or produced as identification. WITNESS my hand and official seal in the County and State last aforesaid this _ day of , 2009. Notary Public, State of Florida at Large. My Commission Expires: Serial No. ORLDOCS 11424981 3 -5- THIS INSTRUMENT PREPARED BY: Paul E. Rosenthal, Esq. FOLEY & LARDNER LLP 111 North Orange Avenue, Suite 1800 Orlando, FL 32801 (407) 423-7656 AFl'ER RECORDING RETURN TO: City Clerk CITY OF OCOEE 150 N. Lakeshore Drive Ocoee, Florida 34761 For Recording Purposes Only ParcellD # 07-22-28-0000-00-048 ParcellD # 07-22-28-0000-00-049 SPECIAL WARRANTY DEED (Lift station tract and additional right-of-way) TIDS SPECIAL WARRANTY DEED is made this ~ day of J 0 '- ~ ,-2 oocl by FIX Scenery & Display, Inc. a Florida corporation, having an address at 922 North Lakewood Avenue, Ocoee, FL 34761 hereinafter referred to as "Grantor," to the CITY OF OCOEE, a Florida municipal corporation, whose post office address is 150 North Lakeshore Drive, Ocoee, Florida 34761 hereinafter called the "Grantee.>> (Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrwnent and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations, partnerships [including joint ventures], public bodies and quasi-public bodies.) WIT N E SSE T H: That the Grantor, for and in consideration of the sum of $10.00 and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the Grantee, all that certain land situate in Orange County, Florida, viz: Lift Station site consisting of 1,225 square feet, more or less, and legally described as follows: Commence at the Northeast corner of the Southeast v.. of the S.E. v.. of Section 7, Township 22 South, Range 28 East, Orange County, Florida; Thence run S.88045'54"W., along the North line of the S.E. lA of the S. E lA of said Section 7, 1321.26 feet to the West line of the S.E. % of the S.E. lA of ORLA_1212694.1 said Section 7; Thence run S.00050'15"W., along the West line of the S.E. 1.4 of the S.E. 1.4 of said Section 7, 408.56 feet; Thence run N.88044'15"E., 189.91 feet, to the Point of Beginning: Thence continue N.88044'15"E., 3S feet; Thence run S.0IOI5'45"E., 35.00 feet; Thence run S.88044'15"W., 35.00 feet; Thence run N.OI015'45"W., 35.00 feet, to the Point of Beginning. (Contains 1,225..:t Square Feet). along with, Additional right-of-way consisting of 9,158 square feet, more or less, and legally described as follows: Commence at the Northeast corner of the Southeast 1.4 of the S.E. 1.4 of Section 7, Township 22 South, Range 28 East, Orange County, Florida; Thence run S.88045'54"W., along the North line of the S.E. 1.4 of the S. E 1.4 of said Section 7, 30.01 feet to a point on the Westerly Right of Way line of North Lakewood Avenue (also known as Clarcona-Ocoee Road), and the Point of Beginning: Thence run S.00019'26" W., along said Westerly Right of Way, 650.88 feet; Thence run N.89045'12"W., 9.99 feet; thence run N.00019'26"E., 208.43 feet; Thence run N.89040'34"W., 6.01 feet; Thence run N.oooI9'26"E., 442.03 feet, to a point on the North line of the S.E. 1.4 of the S.E. 1.4 of said Section 7, Thence run N.88045'54"E., along the North line of the S.E. 1.4 of the S.E. If.. of said Section 7, 16.01 feet to the Point of Beginning. (Contains 9,158 ..:t Square feet). TOGETHER, with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD, the same in fee simple forever. The Grantor hereby covenants with the Grantee that the Grantor is lawfully seized of the Property in fee simple; that the Grantor has good, right and lawful authority to sell and convey the Property; that the Grantor hereby warrants the title to the Property and will defend the same against the lawful claims of all persons claiming by, through or under the Grantor; and that the Property is free and clear of all encumbrances except taxes accruing subsequent to December 31, 2008; and zoning and other use restrictions, conditions or requirements now or hereafter imposed by governmental authorities. 2 IN WITNESS WHEREOF, the Grantor has caused this instrument to be executed in its name the day and year first above written. STATE OF FLORIDA COUNTY OF ORANGE GRANTOR: FIX Scenery & Display, Inc., a Florida corporation BY:~ Print Name: Mack McLaughlin Title: President THIS IS TO CERTIFY that the foregoing instrument was acknowledged before me this 2..1 day of eft) I ~ ' 2009 by Mack McLaughlin as President of FIX Sc is la , Inc., a Florida corporation, on behalf of the corporation. He _ is personally known to me has produced as identification. WITNESS my hand and official seal in the County and State last aforesaid this 2.2 day of "JUI y ,2009.. ?I;;( dAJ--1f1 ~t1fd )/L- Notary blic, State of Florida at Large. My Commission Expires: (p 1/51(;)0 I d-- I I .".~ 'tI. i~~<, ~~; ~O'f\.o" 'yY'Y"V,^, Notary Public State of Florida Linda M Snyder My CommissiOn DLl795251 Expires 06115/2012 . V..."""'" 3 THIS INSTRUMENT PREPARED BY: Paul E. Rosenthal, Esq. FOLEY & LARDNER LLP III North Orange Avenue, Suite 1800 Orlando, FL 32801 (401) 423-7656 AFTER RECORDING RETURN TO: Engineering Department CIlY OF OCOEE 150 N. Lakeshore Drive Ocoee, Florida 34761 For Recording Pllrposes Only Parcel ID # 07-22-28-0000-00-048 Parcel ID # 01-22-28-0000-00-049 PARTIAL RELEASE OF MORTGAGE KNOW ALL MEN BY THESE PRESENTS, that Wachovia Bank, National Association, successor by merger to SouthTrust Bank, N.A. (the "Mortgagee'') is the owner and holder of the following: that certain Mortgage and Security Agreement from FIX Production Services, Inc. dated February 13, 1997, recorded in O.R. Book 5201, Page 2797; that certain Mortgage, Security Agreement, Financing Statement and Assignment of Rents from FIX Scenery & Display, Inc. dated September 2, 2003 and recorded in O.R. Book 7079, Page 919; that certain Mortgage from FIX Scenery & Display, Inc. dated December 6,2004 and recorded in O.R. Book 7773, Page 4897; that certain Mortgage and Assignment of Rents from FIX Scenery & Display, Inc. dated November 15, 2005 and recorded in O.R. Book 8316, Page 3908; and, that certain Mortgage and Assignment of Rents from FIX Scenery & Display, Inc. dated November 15, 2005 and recorded in Book 8317, Page 4, all among the Public Records of Orange County, Florida (collectively referred to herein as the 'Mortgages"). WHEREAS, the Mortgagor has requested the Mortgagee to release the premises hereinafter described, being part of mortgaged premises, from the lien and operation of the Mortgages. NOW THEREFORE, the Mortgagee, for and in consideration of the swn ofTEN AND 00/100 DOLLARS ($10.00) to it in hand paid by or on behalf of the Mortgagor at the time of the execution hereOf and other valuable consideration, the receipt whereof is hereby acknowledged, does hereby remise, release, quit-claim, exonerate and discharge from the lien and operation of the Mortgages unto the Mortgagor, its heirs and assigns, that certain portion of the mortgaged premises, more particularly descnbed as follows: ORLA_325646.1 Lift Station site consisting of 1,225 square feet, more or less, and legally described as follows: Commence at the Northeast corner of the Southeast % of the S.E. % of Section 7, Township 22 South, Range 28 Easl, Orange County, Florida; Thence run S.88045'54"W., along the North line 9f the S.E. % of the S. E % of said Section 7, 1321.26 feet to the West line of the S.E. % of the S.E. % of said Section 7; Thence run S.OO050'15"W., along the West line of the S.E. % of the S.E. % of said Section 7,408.56 feet; Thence run N.88044'15"E., 189.91 feel, to the Poiat of Beginning: Thence continue N.88044'15"E., 3S feet; Thence run S.01olS'45"E., 35.00 feet; Thence run S.88044'15"W., 35.00 feet; Thence ruo N.Olo15'45"W., 35.00 feet, to the Point of Beginning. (Contains 1,225 .:!: Square Feet). along with, Additional right-of-way consisting of 9,158 square feet, more or less, and legally described as follows: Commence at the Northeast corner of the Southeast % of the S.E. % of Section 7, Township 22 South, Range 28 Easl, Orange County, Florida; Thence run S.88045'54"W., aloog the North line of the S.E. % of the S. E % of said Section 7, 30.01 feet to a point on the Westerly Right of Way line of North Lakewood Avenue (also known as Clarcona-Ocoee Road), and the Point of Beginning: Thence run S.00019'26" W., along said Westerly Right of Way, 650.88 feet; Thence ruo N.89045'12"W., 9.99 feet; thence run N.OooI9'26"E., 208.43 feet; Thence run N.89040'34"W., 6.01 feet; Thence run N.OooI9'26"E., 442.03 feel, to a point on the North line of the S.E. % of the S.E. % of said Section 7, Thence run N.88045'54"E., along the North line of the S.E. % of the S.E. % of said Section 7, 16.01 feet to the Point of Beginning. (Contains ~,lS8 :!:. Sqnare feet). TO HAVE AND TO HOLD the same, with the appurtenances, unto the Mortgagor, its heirs and aSsigns, forever, freed, exonerated and discharged of and from the lien of the Mortgages, and every part thereof; provided always, nevertheless, that nothing herein contained shall in anywise impair, alter or diminish the effect, lien or encumbrance of the Mortgages on the remaining part of the mortgaged premises, not hereby released therefrom, or any of the rights and remedies of the holder thereof. 2 IN WITNESS WHEREOF, the Mortgagee has hereunto set its hand and seal this day of ,2009. Signed, sealed and delivered in the presence of: MORTGAGEE: Wachovia Bank, N.A. successor by merger to SouthTrust Bank, N.A. Print Name: By: Print Name: Name: Title: STATE OF FLORIDA COUNTY OF This is to certify, that on . 2009. before me, an officer duly authorized to take acknowledgements in the State and County aforesaid, personally appeared as ~ Wachovia Bank, National Association, who is/is not personally known to me or haslhas not produced the following identification and who did/did not take an oath. and that he/she is the person descnbed in and who executed the foregoing instrument and severally acknowledged the execution thereof to be the free act and deed as such officer thereunto duly authorized. IN WITNESS WHEREOF, I have set my hand and seal on the above date. Notary Public Print Name: My commission expires: 3 TillS INSTRUMENf PREPARED BY: Paul E. Rosenthal, Esq. FOLEY & LARDNER LLP III North Orange Avenue, Suite 1800 Orlando, FL 32801 (407) 423-7656 AFfER RECORDING RETURN TO: Engineering Department CITY OF OCOEE 150 N. Lakeshore Drive Oeoee, Florida 34761 For Reco~dlDg Purposes Oaly ParcellD # 07-22-28..0000-00-049 CONSERVATION AND DRAINAGE EASEMENT (FIX Scenery & Display, Inc.) TIDS CONSERVATION AND DRAINAGE EASEMENT is made this _ day of , 2009 by FIX Scenery & Display, Inc. a Florida corporation, having an address at 922 North Lakewood Avenue, Ocoee, FL 34761 ("Grantor"), in favor of the CITY OF OCOEE, a Florida municipal corporation, having an address at 150 North Lakeshore Drive, Ocoee, Florida 34761 ("City" or "Grantee"). WITNESSETH: WHEREAS, Grantor solely owns in fee simple certain real property in Orange County, Florida, more particularly described in Exhibit "A II attached hereto and incorporated by this reference (the "Property"); WHEREAS, Grantor desires to preserve the Property in its natural condition in perpetuity. NOW THEREFORE, in consideration of the above and the mutual covenants, terms, conditions and restrictions contained herein, and pursuant to the provisions of section 704.06, Florida Statutes, Grantor hereby voluntarily grants and conveys to Grantee a conservation and drainage easement in perpetuity over the Property of the nature and character and to the extent hereinafter set forth (the "Easement'"). Grantor fully warrants title to said Property, and will warrant and defend the same against the lawful claims of all persons whomsoever. ORLA_1212731.1 I. Purpose. The purpose of this Easement is to assure that the Property will be retained forever in its existing natural condition and to prevent any use of the Property that will impair or interfere with the environmental value of the Property. 2. Conservation and Drainaee Easement; Prohibited Uses. The Easement is to assure that the Property will be retained forever in the natural condition existing at the time of the conveyance of the Easement; to prevent any use of the Property that will impair or interfere with the environmental value of the Property; and, subject to the prohibitions set forth below, allow for drainage and stormwater runoff over and upon the Property. Any activity on or use of the Property inconsistent with the pUI]>Qse of this Easement is prohibited. Without limiting the generality of the foregoing, the following activities and uses are expressly prohibited: (a) Construction or placing buildings, roads, signs, billboards or other advertising, utilities or other structures on or above the ground. (b) Dumping or placing soil or other substance or material as landfill or dumping or placing of trash, waste or unsightly or offensive materials. (c) Removing or destroying trees, shrubs, or other vegetation except along the edge of the Property as may be specifically permitted in writing by Grantee in its sole discretion and subject to such replacement or other mitigation requirements as may be imposed by Grantee. Grantor hereby specifically acknowledges and agrees that Grantee is under no obligation to permit any such tree, shrub or vegetation removal. (d) Excavating, dredging or removing loam, peat, gravel, soil, rock or other material substances in such a manner as to affect the surface. (e) Surface use, except for purposes that permit the land or water area to remain predominantly in its natural condition. (t) Activities detrimental to drainage, flood control, water conservation, erosion control, soil conservation, or fish and wildlife habitat preservation. (g) Acts or uses detrimental to such retention of land or water areas. (h) Acts or uses detrimental to the preservation of the structural integrity or physical appearance of sites or properties of historical, architectural, archaeological, or cultural significance. Grantor acknowledges that the Property is a natural drainage area benefiting the people of the City of Ocoee. Subject to the prohibitions set forth above, Grantee shall ORLA_'2'273'.' 2 have the right and privilege to utilize the Property for drainage and storm water runoff over and upon the Property, including the right, but not the obligation, to maintain the Property in order to allow for such natural drainage and stormwater runoff. 3. Reserved Ri2hts. Grantor reserves unto itself, and its successors and assigns, all rights accruing from its ownership of the Property, including the right to engage in or permit or invite others to engage in all uses of the Property, that are not expressly prohibited herein and are not inconsistent with the purpose of this Easement. 4. Ripts of Grantee. To accomplish the purposes ~tated herein, Grantor conveys the following rights to Grantee: (a) To enter upon and inspect the Property in a reasonable manner and at reasonable times to determine if Grantor or its successors and assigns are complying with the covenants and prohibitions contained in this Easement. (b) To proceed at law or in equity to enforce the provisions of this Easement and the covenants set forth herein, to prevent the occurrence of any of the prohibited activities set forth herein, and require the restoration of areas or features of the Property that may be damaged by any activity inconsistent with this Easement. 5. Grantee's Discretion. Grantee may enforce the terms of this Easement at its discretion, but if Grantor breaches any term of this Easement and the Grantee does not exercise its rights under this Easement, such Grantee's forbearance shall not be construed to be a waiver by Grantee of such term, or of any subsequent breach of the same, or any other term of this Easement, or of any of the Grantee's rights under this Easement. No delay or omission by the Grantee in the exercise of any right or remedy upon any breach by Grantor shall impair such right or remedy or be construed as a waiver. Grantee shall not be obligated to Grantor, or to any other person or entity, to enforce the provisions of this Easement. 6. Grantee's Liabilitv. Grantor will assume all liability for any injury or damage to the person or property of third parties which may occur on the Property arising from Grantor's ownership of the Property. Neither Grantor, nor any person or entity claiming by or through Grantor, shall hold Grantee liable for any damage or injury to person or personal property which may occur on the Property. 7. Acts Bevond Grantor's Control. Nothing contained in this Easement shall be construed to entitle Grantee to bring any action against Grantor for any injury to or change in the Property resulting from natural causes beyond Grantor's control, including, without limitation, fire, flood, storm and earth movement, or from any necessary action taken by Grantor under emergency conditions to prevent, abate or mitigate significant injury to the Property or to persons resulting from such causes. ORLA_1212731.1 3 8. Recordation. Grantor shall record this Easement in a timely fashion in the Official Records of Orange County, Florida, and shall rerecord it at any time Grantee may require to preserve its rights. Grantor shall pay all recording costs and taxes necessary to record this Easement in the public records. Grantor will hold Grantee harmless from any recording costs or taxes necessary to record this Easement in the public records. - 9 Successors. The covenants, terms, conditions and restrictions of this Easement shall be binding upon, and inure to the benefit of the parties hereto and their respective personal representatives, heirs, successors and assigns ~d shall continue as a servitude running in perpetuity with the Property. 10. No Mel'2er. There shall be no merger of the Easement, or of the easement estate created by this instrument, with the fee estate in the Property by reason of the fact that the Easement or easement estate created by this instrument or any interest therein may be held, directly or indirectly, by or for the account of any person or persons who shall own the fee estate in the Property or any interest therein. IN WITNESS WHEREOF, Grantor has executed this instrument on the day and year first above written. THE REMAINDER OF THIS PAGE LEFf ThITENTIONALLYBLANK SIGNATURE PAGES FOLLOW ORLA_'2'273'.1 4 Signed, sealed and delivered in the presence of: Print Name: Print Name: GRANTOR: FIX Scenery & Display. Ine.. a Florida corporation By: Print Name: Mack McLaughlin Title: President STATE OF FLORIDA COUNTY OF ORANGE THIS IS TO CERTIFY that the foregoing instrument was acknowledged before me this _ day of , 2009 by Mack McLaughlin as President of FIX Scenery & Display. Inc., a Florida corporation, on behalf of the corporation. He _ is personally known to me or has produced as identification. WITNESS my hand and official seal in the County and State last aforesaid this _ day of , 2009. ORLA_1212731.1 Notary Public, State of Florida at Large. My Commission Expires: Serial No. 5 ORLA_1212731.1 EXHmIT "A" (Conservation and Drainage Easement") The north 50 feet and the west 50 feet of the following described property: Begin at Northeast corner of Southeast ~ of Southeast ~ of Section 7, Township 22, Range 28 East, run South 396 feet, thence West 1320 feet, thence North 396 feet, thence East 1320 feet, to the point of Beginuing, less East 30 feet for road right-of-way. 6 JOINDER AND CONSENT TO CONSERVATION AND DRAINAGE EASEMENT The undersigned hereby certifies that it is the holder of the following: that certain Mortgage and Security Agreement from FIX Production Services, Inc. dated February 13, 1997, recorded in O.R. Book 5201, Page 2797; that certain Mortgage, Security Agreement, Financing Statement and Assignment of Rents from FIX Scenery & Display) Inc. dated September 2, 2003 and recorded in O.R. Book 7079, Page 919; that certain Mortgage from FIX Scenery & Display, Inc. dated December 6, 2004 and recorded in O.R. Book 7773, Page 4897; that certain Mortgage and Assignment of Rents from FIX Scenery & Display, Inc. dated November 15, 2005 and recorded in <?R. Book 8316, Page 3908; and that certain Mortgage and Assignment of Rents from FIX Scenery & Display, Inc. dated November 15, 2005 and recorded in O.R. Book 8317, Page 4, an among the Public Records of Orange County, Florida, and that the undersigned hereby joins in and consents to and agrees that its mortgages, liens or other encumbrances shall be subordinated to the foregoing Conservation and Drainage Easement. Signed, sealed and delivered in the presence of: Wachovia Bank, N.A. successor by merger to SouthTrust Bank, N.A. By: Print Name: Name: Print Name: Title: STATE OF FLORIDA COUNTY OF THIS IS TO CERTIFY that the foregoing instrument was acknowledged before me this _ day of , 2009 by as of Wachovia Bank, a National Association., successor by merger to SouthTrust, on behalf of the bank. S/he _ is personally known to me or produced as identification. WITNESS my hand and official seal in the County and State last aforesaid this day of , 2009. Notary Public, State of Florida at Large. My Commission Expires: ORLA_1212731.1 7 JOINDER AND CONSENT TO CONSERVATION AND DRAINAGE EASEMENT The undersigned hereby certifies that it is the holder of that certain mortgage from FIX Scenery & Display, Inc. to Administrator of the Small Business Administration, an agency of the United States of America dated January 15, 2005 and recorded in Official Records Book 7908, Page 3234, Public Records of Orange County, Florida and that the undersigned hereby joins in and consents to and agrees that its mortgage, lien or other encumbrance shall be subordinated to the foregoing Access Easement. Signed, sealed and delivered in the presence of: Small Business Administration, an agency of the United States of America By: Print Name: Name: Print Name: Title: ST ATE OF FLORIDA COUNTY OF THIS IS TO CERTIFY that the foregoing instrument was acknowledged before me this _ day of , , 2009 by as of the Small Business Administration, an agency of the United States of America, on behalf of the Small Business Administration. S/he _ is personally known to me or produced as identification. WITNESS my hand and official seal in the County and State last aforesaid this _ day of , 200_. Notary Public, State of Florida at Large. My Commission Expires: ORLA_'2'273'.1 8 THIS INSTRUMENT PREPARED BY Paul E. Rosenthal, Esq. FOLEY & LARDNER LLP 111 North Orange Avenue, Suite 1800 Orlando, FL 32801 (407) 423-7656 AFI'ER RECORDING RETIJRN TO: Engineering Department CITY OF OCOEE 150 N. Lakesbore Drive Ocoee, Florida 34761 For Record' esOnl Parcel 10 # 07-22-28-0000-00-048 and Parcel 10 # 07-22-28-0000-00-049 ACCESS EASEMENT THIS ACCESS EASEMENT is made this _ day of ,2009, by FIX Scenery & Display, Inc., a Florida corporation, having an address at 922 North Lakewood Avenue, Ocoee, FL 34761 ("Grantor") in favor of the CITY OF OCOEE, a Florida municipal corporation, having an address at 150 Lakeshore Drive, Ocoee, Florida 34761 ("Grantee"). WITNESSETH: WHEREAS, Grantor is the owner of certain real property located in Orange County, Florida, and more particularly described on ExhIbit "A" attached hereto and incorporated by this reference (the "FIX Property"); WHEREAS, of even date herewith, Grantor has conveyed to Grantee that certain real property located in Orange County, Florida, and more particularly described on Exhibit "B" attached hereto and incorporated by this reference (the "Lift Station Tract"); WHEREAS, the Lift Station Tract is located interior to the FIX Property and is not adjacent to any public rigbt-ofway; WHERE~, the parties hereto desire to establish an access easement for the purposes of providing vehicular access, ingress and egress to the Lift Station Tract over the FIX Property pursuant to the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the mutual covenants and agreements herein set forth and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Grantor hereby voluntarily grants and conveys to Grantee an access easement in perpetuity over the FIX Property of the nature and character and to the extent hereinafter set forth. Grantor fully warrants title to said Property, and will warrant and defend the same against the lawful claims of all persons whomsoever. 1. The above recitals are true and correct and are incorporated herein by this reference including the Exhibits attached hereto. 2. Grantor hereby grants to Grantee for the benefit of the Lift Station Tract a blanket, non-exclusive easement (the "Access Easement") for vehicular access, ingress and egress over, across and upon the FIX Property, for the purposes of providing access, ingress, and egress between Clarcona-Ocoee Road (alk/a North Lakewood A venue), which is a public right of way located to the east of the FIX Property, and the Lift Station Tract. 3. The Access Easement shall initially be a blanket easement over the FfX Property in its entirety less any area which is now or hereinafter may be improved by buildings. However, at Grantor's election, the Access Easement, or portions thereof, may be more specifically located to coincide with locations of proposed internal roadways or paved areas as shown on an approved site plan for the FfX Property, or a portion thereof; provided, however, that the specific location of any such proposed internal roadways or paved areas shall be subject to the approval of Grantee, such approval not to be unreasonably withheld. It is the intent of the parties that Grantee shall be entitled to use and continue using existing cleared areas and trails for ingress and egress to the Lift Station Tract, and Grantee's approval of the specific locations of the Access Easement shall be subject to there being cleared, dry, graded and feasible access from such proposed internal paved/roadway locations to the Lift Station Tract. The property subject to the Access Easement shall hereinafter be referred to as the "Access Easement Property. .. 4. Upon designation of the specific location of the Access Easement Property, or any portion thereof, an amendment to this Access Easement setting forth the legal description of such revised Access Easement Property shall be executed by Grantor and Grantee and recorded in the Public Records of Orange County, Florida at no cost or expense to Grantee. 5. The terms and provisions of this Access Easement shall be binding upon and inure to the benefit of Grantor, Grantee and their respective heirs, representatives, successors, and assigns. The benefits and burdens hereof shall run with the land and be appurtenant thereto. 6. None of the terms or provisions of this Access Easement shall be deemed to create a partnership between the parties in the respective businesses or otherwise, nor shall it cause them to be considered joint venturers or members of any joint enterprise. 7. Nothing contained in this Access Easement shall be deemed to be a gift or dedication of any portion of either party's property to the general public or for any public use or purpose whatsoever, it being the intention of the parties hereto that this Access Easement is for the exclusive benefit of Grantor and Grantee and their respective successors, assigns, mortgagees, tenants, customers and invitees, and that nothing in this Access Easement express or implied, shall confer upon any person, other than such owners, and their successors, assigns, mortgagees, tenants, customers and invitees any rights or remedies under or by reason of this Agreement. -2- 8. This Access Easement may be amended or modified at any time only by an agreement in writing mutually agreed to, executed and acknowledged by Grantor and Grantee, or their expressly designated assigns, and thereafter duly recorded in the Public Records of Orange County. Florida. 9. If any provision, or a portion thereof, of this Access Easement, or the application thereof to any person or circumstances shall, to any extent, be held invalid, inoperative or unenforceable, the remainder of this Access Easement or the application of such provision, or portion thereof, to any persons or circumstances shall not be affected thereby and the remainder of this Access Easement shall be given effect as if such invalid, inoperative or unenforceable portion has not been included; such invalid, inoperative or unenforceable provision, or portion thereof, or the application thereof to any person or circumstances, shall not be given effect. IN WITNESS WHEREOF, the parties hereto have hereunto set their respective authorized signatures as of the day and year first above written. GRANTOR: Signed, sealed and delivered in the presence of: FIX Scenery & a Florida corporation Display, Inc., Print Name: By: Print Name: Mack McLaughlin Title: President Print Name: STATE OF FLORIDA COUNTY OF ORANGE THIS IS TO CERTIFY that the foregoing instrument was acknowledged before me this _ day of , 2009 by Mack McLaughlin as President of FIX Scenery & Display, Inc.. a Florida corporation, on behalf of the corporation. He is personally known to me or has produced as identification. WITNESS my hand and official seal in the County and State last aforesaid this day of ,2009. - Notary Public, State of Florida at Large. Commission Expires: Serial No. -3- JOINDER AND CONSENT TO ACCESS EASEMENT The undersigned hereby certifies that it is the holder of the following: that certain Mortgage and Security Agreement from FIX Production Services, Inc. dated February 13, 1997, recorded in O.R. Book 5201, Page 2797; that certain Mortgage, Security Agreement, Financing Statement and Assignment of Rents from FIX Scenery & Display, Inc. dated September 2, 200~ and recorded in O.R. Book 7079, Page 919; that certain Mortgage from FIX Scenery & Display, Inc. dated December 6, 2004 and recorded in O.R. Book 7773, Page 4897; that certain Mortgage and Assignment of Rents from FIX Scenery & Display, Inc. dated November 15,2005 and recorded in O.R. Book 8316, Page 3908; and that certain Mortgage and Assignment of Rents from FIX Scenery & Display, Inc. dated November 15, 2005 and recorded in O.R. Book 8317, Page 4, all among the Public Records of Orange County, Florida, and that the undersigned hereby joins in and consents to and agrees that its mortgages, liens or other encumbrances shall be subordinated to the foregoing Access Easement. Signed, sealed and delivered in the presence of: Wachovia Bank, N.A. successor by merger to SouthTrust Bank, N.A. By: Print Name: Name: Print Name: Title: STATE OF FLORIDA COUNTY OF THIS IS TO CERTIFY that the foregoing instrument was acknowledged before me this _ day of , 2009 by as of Wachovia Bank, N.A., successor by merger to SouthTrust, on behalf of the bank. Slhe _ is personally known to me or produced as identification. WITNESS my hand and official seal in the County and State last aforesaid this day of , 2009. - Notary Public, State of Florida at Large. My Commission Expires: Serial No. -4- JOINDER AND CONSENT TO ACCESS EASEMENT The undersigned hereby certifies that it is the holder of that certain mortgage from FIX Scenery & Display, Inc. to Administrator of the Small Business Administration, an agency of the United States of America dated January 15, 2005 and recorded in Official Records Book 7908, Page 3234, Public Records of Orange County, Florida and that the undersigned hereby joins in and consents to and agrees that its mortgage, lien or other encumbrance shall be subordinated to the foregoing Access Easement. Signed, sealed and delivered in the presence of: Small Business Administration, an agency of the United States of America By: Print Name: Name: Print Name: Title: STATE OF FLORIDA COUNTY OF THIS IS TO CERTIFY that the foregoing instrument was acknowledged before me this _ day of , , 2009 by as of the Small Business Administration, an agency of the United States of America, on behalf of the Small Business Administration. Slhe _ is personally known to me or produced as identification. WITNESS my hand and official seal in the County and State last aforesaid this _ day of ,2009. Notary Public, State of Florida at Large. My Commission Expires: Serial No. -5- EXHIBIT" A" Legal Description of the FIX Property The Southeast "I.. of the Southeast "I.. of Section 7, Township 22 South, Range 28 East, Orange County, Florida, less the North 396 feet thereof and also less the South 696 feet thereof and also less the East 30 feet thereof for road right-of-way and also less the North 75 fee of the South 771 feet of the East 215 feet of said Southeast % of the Southeast "I. and also less: Begin at a point 30.00 feet West and 771 feet North of the Southeast comer of the Southeast "I. of Section 7, Township 22 S., Range 28 East, Orange County, Florida; Thence run West 185 feet; Thence run North 10 feet; Thence run East 185 feet; Thence run South 10 feet to the Point of Beginning. Together with: Begin at Northeast corner of Southeast % of Southeast % of Section 7, Township 22, Range 28 East, run South 396 feet, thence West 1320 feet, thence North 396 feet, thence East 1320 feet, to the point of Beginning, less East 30 feet for road right-of-way. -6- EXHIBIT "B" (35' by 35' Lift Station Tract) Commence at the Northeast corner of the Southeast IA of the S.E. If.. of Section 7, Township 22 South, Range 28 East, Orange County, Florida; Thence run S.88045'54"W., along the North line of the S.E. IA of the S. E If.. of said Section 7, 1321.26 feet to the West line of the S.E. IA of the S.E. IA of said Section 7; Thence rua S.oooSO'15"W., aloag the West line of .the S.E. If.. of the S.E. IA of said Section 7, 408.56 feet; Thence run N.88044'15"E., 189.91 feet, to the Pomt of Beginning: Thence continue N.88044'15"E., 35 feet; Thence run S.0I015'45"E., 35.00 feet; Thence run S.88044'15"W., 35.00 feet; Thence run N.OIOI5'45"W., 35.00 feet, to the Pomt of Beginning. (Contains 1,225 .::t. Square Feet). -7- THIS INSTRUMENT PREPARED BY: Paul E. Rosenthal, Esq. FOLEY & LARDNER LLP 111 North Orange Avenue. Suite 1800 Orlando, FL 32801 (407) 423-7656 AFaR RECORDING RETURN TO: Engineering Department CITY OF OCOEE ISO N. Lakeshore Drive Ocoee, Florida 34761 For Recording Purposes Only Parcel 10 # 07-22-28-??oo-00-048 Parcel 10 # 07-22-28.0000-00-049 PARTIAL RELEASE OF MORTGAGE KNOW ALL MEN BY THESE PRESENTS, that the Small Business Administration, an agency of the United States of America (the "Mortgagee"), is the owner and holder oftbat certain Mortgage from FIX Scenery & Display, Inc. to Administrator of the Small Business Administration, an agency of the Government of the United States of America dated January 15,2005 and recorded in Official Records Book 7908, Page 3234, Public Records of Orange County, Florida (the "Mortgage"). WHEREAS, the Mortgagor has requested the Mortgagee to release the premises hereinafter described, being part of mortgaged premises, from the lien and operation of the Mortgage. NOW THEREFORE, the Mortgagee, for and in consideration of the sum ofTEN AND 00/100 DOLLARS (S10.00) to it in hand paid by or on behalf of the Mortgagor at the time of the execution hereof and other valuable consideration, the receipt whereof is hereby acknowledged, does hereby remise. release, quit-claim, exonerate and discharge from the lien and operation of the Mortgage unto the Mortgagor. its heirs and assigns, that certain portion of the mortgaged premises, more particularly described as follows: Lift Station site consisting of 1,225 square feet, more or less, and legally described as follows: Commence at the Northeast comer of the Southeast Y. of the S.E. Y. of Section 7, Township 22 Soutb, RaDge 28 East, Orange County, Florida; Thence run S.8S04S'S4"W., along the North IiDe of the S.E. Y. of the S. E Y. of said Section 7, 1321.26 feet to the West line of tbe S.E. Y. of the S.E. Y. of said Section 7; Tbence run S.oooSO'15"W., along the West line of the S.E. Y. of the S.E. Y. of said Section' 7,408.56 feet; Thence run N.88044'1S"E., 189.91 feet, to the Point of Beginning: Thence continue N.88044'15"E., 35 feet; Thence run S.0IOI5'45"E., 35.00 feet; Thence run S.88044'15"W., 35.00 feet; Thence run N.01015'45"W., 35.00 feet, to the Point of Beginning. (Contains 1,225 :!: Square Feet). along with, Additional right-of-way consisting of 9,158 square feet, more or less, and legally described as follows: Commence at the Northeast corner of the Southeast % of the S.E. % of Section 7, Township 22 South, Range 28 East, Orange County, Florida; Thence run S.88045'54"W., along the North line of the S.E. % of the S. E % of said Section 7,30.01 feet to a point on the Westerly Right of Way line of North Lakewood Avenue (also known as Clareona-Oeoee Road), and the Point of Beginning: Thence run S.00019'26" W., along said Westerly Right of Way, 650.88 feet; Thence run N.89045'12"W., 9.99 feet; thence rnn N.OooI9'26"E., 208.43 feet; Thence run N.89040'34"W., 6.01 feet; Thence run N.00oI9'26"E., 442.03 feet, to a point on the North line of the S.E. % of the S.E. % of said Section 7, Thence run N.88045'S4"E., along the North line of the S.E. % of the S.E. % of said Section 7, 16.01 feet to the Point of Beginning. (Contains 9,158 :t Square feet). TO HAVE AND TO HOLD the same. with the appurtenances, unto the Mortgagor, its heirs and assigns, forever, freed, exonerated and discharged of and from the lien of the Mortgage, and every part thereof; provided always, nevertheless, that nothing herein contained shall in anywise impair, alter or diminish the effect, lien or encumbrance of the Mortgage on the remaining part of the mortgaged premises, not hereby released therefrom, or any of the rights and remedies of the holder thereof. IN WITNESS WHEREOF, the Mortgagee has hereunto set its hand and seal this day of , 2009. Signed, sealed and delivered in the presence of: Small Business. Administration, an agency of the United States of America By: Print Name: Name: Print Name: Title: STATE OF FLORIDA COUNTY OF THIS IS TO CERTIFY that the foregoing instrument was acknowledged before me this _ day of , , 2009 by as of the Small Business Administration, an agency of the Government of the United States of America, on behalf of the Small Business Administration. Slbe is personally known to me or produced as identification. WITNESS my hand and official seal in the County and State last aforesaid this _ day of .200_" Notary Public, State of Florida at Large. My Commission Expires: Serial No.