HomeMy WebLinkAboutItem #04 Approval of the Second Amendment to the Development Agreement Ocoee Pines Planned Unit Development (PUD) Ocoee
florida
AGENDA ITEM STAFF REPORT
Meeting Date: December 15, 2015
Item #
Reviewed By:
Contact Name: J. Antonio Fabre, AICP Department Director:
Contact Number: 407-905-3100/1019 City Manager:
Subject: Approval of the Second Amendment to the Development Agreement
Ocoee Pines Planned Unit Development (PUD)
Project No(s): LS-2015-002
Commission District# 1 —John Grogan
Background/Summary:
On October 6, 2015, the Preliminary/Final Subdivision Plan for Ocoee Pines PUD was Approved by the City
Commissioners as presented. Accordingly, the Development Agreement is required to be amended in order
to be consistent with the Approved Preliminary/Final Subdivision Plan. As a result, the Second Amendment to
the Development Agreement incorporates the final agreed upon Conditions of Approval for the Ocoee Pines
PUD.
Issue:
Should the Honorable Mayor and Commissioners approve the Second Amendment to the Development
Agreement for Ocoee Pines PUD?
Staff Recommendation:
Staff recommends that the Mayor and City Commissioners approve the Second Amendment to the
Development Agreement for Ocoee Pines PUD.
Attachments:
Second Amendment To Development Agreement(Ocoee Pines).
Financial Impact:
None.
Type of Item : (please mark with an "x")
Public Hearing For Clerk's Dept Use:
Ordinance First Reading X Consent Agenda
Ordinance Second Reading Public Hearing
Resolution Regular Agenda
X Commission Approval
Discussion& Direction
Original Document/Contract Attached for Execution by City Clerk
Original Document/Contract Held by Department for Execution
Reviewed by City Attorney N/A
Reviewed by Finance Dept. X N/A
Reviewed by ( ) N/A
THIS INSTRUMENT PREPARED BY:
Scott A. Cookson, Esq.
SHEFFIELD LOWMAN& WILSON, P.A.
1000 Legion Place, Suite 1700
Orlando, FL 32801
(407) 581-9800
AFTER RECORDING RETURN TO:
Beth Eikenberry, City Clerk
CITY OF OCOEE
150 N. Lakeshore Drive For Recording Purposes Only
Ocoee, FL 34761
(407) 905-3100
SECOND AMENDMENT TO DEVELOPMENT AGREEMENT
(OCOEE PINES)
THIS SECOND AMENDMENT TO DEVELOPMENT AGREEMENT (this
"Second Amendment") is made and entered into as of the day of , 20 , by and
between JTD LAND AT OCOEE PINES, LLC, a Florida limited liability company with an
address of 210 South Hoagland Blvd., Kissimmee, Florida 34741 (hereinafter referred to as the
"Developer") and the CITY OF OCOEE, a Florida municipal corporation, whose mailing
address is 150 North Lakeshore Drive, Ocoee, Florida 34761, Attention: City Manager
(hereinafter referred to as the "City").
WITNESSETH:
WHEREAS, the City and Ocoee Golf, LLC ("Ocoee Golf") previously entered into
that certain Development Agreement dated July 17, 2007, as recorded in Official Records
Book 9876, Page 4482, Public Records of Orange County, Florida (the "Original
Development Agreement"); and
WHEREAS, Developer, the successor in interest to Ocoee Golf, and the City entered
into that First Amendment to Development Agreement dated December 2, 2014, as recorded in
Official Records Book 10875, Page 8346, Public Records of Orange County, Florida (the
"First Amendment"); and
WHEREAS, the Developer no longer intends to develop the Property, as described in
Exhibit A to the First Amendment, into a gated community, thus requiring changes to the
Conditions of Approval previously agreed upon by the parties for the Property; and
WHEREAS, the City and Developer desire to execute this Second Amendment in
order to evidence their mutual agreement as to certain matters related to the development of the
Property in accordance with the Subdivision Plan.
NOW, THEREFORE, in consideration of the premises and other good and valuable
considerations exchanged between the parties hereto, the receipt and sufficiency of which is
hereby acknowledged, the parties hereto agree as follows:
Section 1. Recitals; Definitions. The above recitals are true and correct and
incorporated herein by this reference. All capitalized terms not otherwise defined herein shall
be as defined or described in the Development Agreement or the Subdivision Plan, unless
otherwise indicated.
Section 2. Conditions of Approval. Exhibit "B-1", attached hereto, replaces
Exhibit "B" attached to the Development Agreement and to the Original Land Use Plan such
that the Conditions of Approval referred to in the Original Development Agreement, as
amended, and in the Land Use Plan shall be the Conditions of Approval described in Exhibit
"B-1" attached to this Second Amendment.
Section 3. Ratification of Prior Agreements. Except as amended hereby, the
Original Development Agreement, as amended, remains unchanged and in full force and
effect, and each of the parties hereto hereby ratifies and confirms the terms and conditions of
the Original Development Agreement, as amended. All references herein to the Development
Agreement shall refer to the Original Development Agreement as amended by the First
Amendment and this Second Amendment, unless the text or context indicates otherwise. In the
event of any conflict between the Original Development Agreement, as amended by the First
Amendment, it is agreed that this Second Amendment shall control. In the event of any
conflict between the Conditions of Approval on the Ocoee Pines Planned Unit Development
(PUD) Preliminary/Final Subdivision Plan, as approved by the City Commission on October 6,
2015, it is agreed that the Conditions of Approval in this Second Amendment shall control.
Section 4. Covenant Running with the Land. The Development Agreement shall
run with the Property and inure to and be for the benefit of the parties hereto and their
respective successors and assigns and any person, firm, corporation, or entity who may
become the successor in interest to the Property or any portion thereof.
Section 5. Recordation of Amendment. The parties hereto agree that an executed
original of this Second Amendment shall be recorded by the City, at the Developer's expense,
in the Public Records of Orange County, Florida.
Section 6. Counterparts. This Second Amendment may be executed in any
number of counterparts, each of which shall be deemed to be an original but all of which
together shall constitute one and the same instrument.
Section 7. Effective Date. This Second Amendment shall first be executed by the
Developer and submitted to the City for approval by the Ocoee City Commission. Upon
approval by the Ocoee City Commission, this Second Amendment shall be executed by the
City. The Effective Date of this Second Amendment shall be the date of execution by the City.
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IN WITNESS WHEREOF, the Developer 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 DEVELOPER:
in the presence of:
JTD LAND AT OCOEE PINES, LLC, a
Florida limited •.r s ility c • •. y
//
/ / ` L
Print Name pi ; c_i,r,I,_ A-S VL c i ,,I Craig C. Harris, anager
(SEAL)
Pri t Name ,Ly s
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 take acknowledgments, personally appeared Craig C. Harris as
Manager of JTD LAND AT OCOEE PINES, LLC, a Florida limited liability company, who
[ XX ] is personally known to me or [ ] produced as
identification, and that he/she acknowledged executing the same on behalf of said corporation
and limited partnership in the presence of two subscribing witnesses, freely and voluntarily, for
the uses and purposes therein expressed.
WITNESS my hand and official seal in the County and State last aforesaid this
day of November, 2015.
Signature of Notary
ar
Nam- of Notary (Typed, rinted or Stamped)
Commission Number(if not legible on seal):
My Commission Expires (if not legible on seal):
�S" JANET K.LYON
PY Pf�ii
�`�; *_ Commission#EE 147853
:<= Expires March 21,2016
-IV Bonded lhru Troy F813 Insurance 800?85-7019
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Signed, sealed and delivered CITY:
in the presence of:
CITY OF OCOEE, FLORIDA
By:
Print Name: Rusty Johnson, Mayor
Attest:
Beth Eikenberry , City Clerk
Print Name:
(SEAL)
FOR USE AND RELIANCE ONLY BY THE
CITY OF OCOEE,FLORIDA. Approved as to
form and legality this_day of ,201_.
SHUFFIELD,LOWMAN & WILSON,P.A.
By:
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 take acknowledgments, personally appeared RUSTY JOHNSON
and BETH EIKENBERRY, personally known to me to be the Mayor and City Clerk,
respectively, of the CITY OF OCOEE, FLORIDA and that they severally acknowledged
executing the same in the presence of two subscribing witnesses, freely and voluntarily under
authority duly vested in them by said municipality.
WITNESS my hand and official seal in the County and State last aforesaid this
day of , 201_.
Signature of Notary
Name of Notary(Typed, Printed or Stamped)
Commission Number(if not legible on seal):
My Commission Expires Of not legible on seal):
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EXHIBIT "B-1"
(Conditions of Approval)
1. THE CITY OF OCOEE IS SUBJECT TO THE TERMS, PROVISIONS AND
RESTRICTIONS OF FLORIDA STATUTES CHAPTER 163, CONCERNING
MORATORIA ON THE ISSUANCE OF BUILDING PERMITS UNDER CERTAIN
CIRCUMSTANCES. THE CITY HAS NO LAWFUL AUTHORITY TO EXEMPT ANY
PRIVATE ENTITY OR ITSELF FROM THE APPLICATION OF SUCH STATE
LEGISLATION AND NOTHING HEREIN SHALL BE CONSTRUED AS SUCH AN
EXEMPTION.
2. EXISTING TREES 8 IN. DBH OR LARGER (OTHER THAN CITRUS TREES OR
`TRASH' TREES) LOCATED ALONG PROPOSED LOCATIONS OF BUFFER
WALLS OR ROAD RIGHT-OF-WAY LINES WILL BE PRESERVED. IF AT ALL
POSSIBLE, THE BUFFER WALLS AND ROADS WILL BE DESIGNED AROUND
THOSE TREES TO INCORPORATE THEM INTO REQUIRED LANDSCAPE
BUFFERS AND AS STREET TREES.
3. THE EXISTING GRADES ON INDIVIDUAL LOTS CONTAINING PROTECTED
TREES WILL BE MAINTAINED AS MUCH AS POSSIBLE TO PRESERVE
EXISTING PROTECTED TREES. FOR LOTS CONTAINING PROTECTED TREES,
THERE WILL BE NO GRADING OR OTHER CONSTRUCTION ON INDIVIDUAL
LOTS EXCEPT AS SPECIFIED IN THE FINAL SUBDIVISION PLAN, UNTIL
BUILDING PERMITS ARE ISSUED FOR THOSE LOTS.
4. REMOVAL OF EXISTING PROTECTED TREES WILL BE LIMITED TO CLEARING
ROAD RIGHT-OF-WAY AND RETENTION AREAS AS DETAILED IN THE FINAL
SUBDIVISION PLAN. All EXISTING PROTECTED TREES ON INDIVIDUAL LOTS
WILL BE EVALUATED AT THE TIME OF SITE PLAN REVIEW FOR THAT LOT, TO
DETERMINE WHETHER OR NOT EACH TREE NEEDS TO BE REMOVED. ALL
COMMON AREA IMPROVEMENTS INCLUDING ENTRY FEATURES, WALLS,
LANDSCAPING AND SIDEWALKS ALONG ROADS, AS WELL AS LANDSCAPING
AROUND RETENTION POND TRACTS SHALL BE COMPLETED PRIOR TO
ISSUANCE OF A CERTIFICATE OF COMPLETION.
5. IN ORDER TO INSURE THAT AS MANY EXISTING TREES AS POSSIBLE WILL
BE PRESERVED, ALL ROAD RIGHT-OF-WAYS AND RETENTION AREAS WILL
BE FLAGGED FOR REVIEW BY THE CITY PRIOR TO ANY TREE REMOVAL. NO
CLEARING PERMITS WILL BE ISSUED FOR SITE WORK OR BUILDING
CONSTRUCTION UNTIL THE TREES TO BE PRESERVED HAVE BEEN
CLEARLY MARKED WITH TREE PROTECTION BARRIERS.
6. NO PERSON SHALL UNDERTAKE LAND CLEARING OR THE REMOVAL OF ANY
PROTECTED TREES WITHOUT FIRST OBTAINING A PERMIT FROM THE
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BUILDING DEPARTMENT. THE REMOVAL OF PROTECTED TREES SHALL BE
MINIMIZED TO THE MAXIMUM EXTENT POSSIBLE AND NO AUTHORIZATION
SHALL BE GRANTED TO REMOVE A TREE IF THE DEVELOPER HAS FAILED
TO TAKE REASONABLE MEASURES TO PRESERVE THE TREES ON SITE.
7. UNLESS OTHERWISE NOTED, A 5' UTILITY AND DRAINAGE EASEMENT WILL
BE PLATTED ALONG ALL SIDE LOT LINES AND 10' UTILILTY, DRAINAGE AND
SIDEWALK EASEMENT ADJACENT TO THE STREET RIGHT-OF-WAYS.
SIDEWALKS WILL ONLY BE PLACED IN THIS EASEMENT IF NECESSARY TO
RUN THEM AROUND EXISTING PROTECTED TREES TO BE PRESERVED.
8. ALL UTILITIES TO BE PLACED WITHIN THE 10' EASEMENT ALONG THE
FRONT OF EACH LOT WILL BE PLACED AROUND EXISTING PROTECTED
TREES TO BE PRESERVED.
9. EACH FIRE HYDRANT SHALL BE PAINTED YELLOW IN COLOR AND A BLUE
REFLECTIVE MARKER SHALL BE AFFIXED TO THE STREET IN THE CENTER
OF THE LANE CLOSEST TO EACH HYDRANT. FIRE HYDRANTS SHALL BE
SPACED PER CITY OF OCOEE LAND DEVELOPMENT CODE.
10.ALL DRAINAGE, UTILITY, AND MAINTENANCE EASEMENTS SHALL BE FOR
THE BENEFIT OF THE CITY OF OCOEE. THE LAND BURDENED BY SUCH
EASEMENTS SHALL BE OWNED BY THE INDIVIDUAL LOT OWNERS.
11.ALL COMMON AREA IMPROVEMENTS INCLUDING ENTRY FEATURES, WALLS,
LANDSCAPING AND SIDEWALKS ALONG ROADS, AS WELL AS LANDSCAPING
AROUND RETENTION POND TRACTS AND THE LIFT STATION TRACTS SHALL
BE COMPLETED PRIOR TO ISSUANCE OF THE CERTIFICATE OF
COMPLETION.
12.STREET LIGHTS MEETING CURRENT CODE REQUIREMENTS SHALL BE
INSTALLED BY THE DEVELOPERS PRIOR TO CERTIFICATE OF COMPLETION
AT THE DEVELOPER'S EXPENSE AND THE COST OF THEIR OPERATION WILL
BE ASSUMED BY THE DEVELOPER IN ACCORDANCE WITH ORDINANCE NO
95-17.
13.ALL TRACTS THAT ARE TO BE OWNED AND MAINTAINED BY THE
HOMEOWNERS ASSOCIATION SHALL BE CONVEYED TO THE HOMEOWNERS
ASSOCIATION BY WARRANTY DEED AT THE TIME OF PLATTING.
14.ANY DAMAGE CAUSED TO ANY PUBLIC ROAD AS A RESULT OF THE
CONSTRUCTION ACTIVITIES RELATED TO THE PROJECT SHALL BE
PROMPTLY REPAIRED BY THE OWNER TO THE APPLICABLE
GOVERNMENTAL STANDARDS AT THE OWNER'S SOLE COST AND EXPENSE.
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15.THERE SHALL BE NO ACCESS FROM THE PROPERTY TO ANY PUBLIC
STREET EXCEPT AT THE APPROVED LOCATIONS SHOWN ON THE
APPROVED FINAL SUBDIVISION PLAN.
16.ALL CROSS ACCESS, UTILITY AND DRAINAGE EASEMENTS SHALL BE
PROVIDED PRIOR TO OR AT THE TIME OF PLATTING.
17.A PERPETUAL, NON-EXCLUSIVE ACCESS EASEMENT OVER ALL INTERNAL
ROADWAYS AND OTHER PAVED AREAS IS HEREBY GRANTED IN FAVOR OF
THE CITY OF OCOEE AND OTHER APPLICABLE AUTHORITIES FOR LAW
ENFORCEMENT, FIRE AND OTHER EMERGENCY SERVICES. THE CITY MAY
REQUIRE THAT THE OWNER EXECUTE AN EASEMENT IN RECORDABLE
FORM WITH RESPECT TO THE FOREGOING.
18.ALL UTILITIES INCLUDING ELECTRICAL, CABLE TV, AND TELEPHONE AND
INCLUDING ON-SITE EXISTING OVERHEAD WIRES SHALL BE PLACED
UNDERGROUND.
19. A HOMEOWNERS ASSOCIATION SHALL BE CREATED FOR OWNERSHIP AND
MAINTENANCE OF ALL COMMON AREAS.
20.ALL LEGAL INSTRUMENTS, INCLUDING BUT NOT LIMITED TO,
DECLARATIONS OF COVENANTS, EASEMENTS AND RESTRICTIONS,
ARTICLES OF INCORPORATION OF THE HOMEOWNERS ASSOCIATION AND
WARRANTY DEEDS TO THE ASSOCIATION SHALL BE PROVIDED TO THE
CITY FOR APPROVAL PRIOR TO PLATTING ALL OR A PORTION OF THE
PROPERTY.
21.THE STORMWATER SYSTEM, INCLUDING ALL PIPES, INLETS, MANHOLES
AND STRUCTURES, WILL BE OWNED, OPERATED, AND MAINTAINED BY THE
CITY OF OCOEE; TRACTS I, J, L, AND X (RETENTION PONDS) WILL BE
OWNED, OPERATED, AND MAINTAINED BY THE HOMEOWNERS
ASSOCIATION.
22.EACH PHASE OF THE PROJECT WILL STAND ON ITS OWN WITH RESPECT TO
PUBLIC SERVICES (SEWER, WATER, STORMWATER MANAGEMENT, ACCESS
AND OTHER RELATED SERVICES.
23 ALL EXISTING STRUCTURES, INCLUDING BUILDINGS, POWER LINES, AERIAL
AND UTILITY FACILITIES, WILL BE REMOVED PRIOR TO OR DURING
CONSTRUCTION OF THE DEVELOPMENT REPLACING THOSE USES.
24.PURSUANT TO ORDINANCE 2001-18 ALL SUBDIVISION SIGNAGE MUST BE
CONSISTENT WITH THE NAME OF THE SUBDIVISION. ANY SUBSEQUENT
CHANGE TO THE NAME OF THE SUBDIVISION MUST BE APPROVED BY THE
CITY COMMISSION.
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25.ALL BUILDING PAD ELEVATIONS SHALL EXCEED THE 100-YEAR FLOOD
ELEVATION BY A MINIMUM OF TWO FEET AS ESTABLISHED BY THE
PROJECTS STORMWATER MANAGEMENT SYSTEM AND/OR THE ADJACENT
WATER BODY IDENTIFIED ON THE FEMA FIRM PANEL, WHICHEVER IS
GREATER.
26.NOTWITHSTANDING THE CONVEYANCE OF THE STORMWATER RETENTION
PONDS TO THE HOMEOWNERS ASSOCIATION (THE ASSOCIATION) OR ANY
PROVISION TO THE CONTRARY CONTAINED IN THESE CONDITIONS OF
APPROVAL, THE DEVELOPER SHALL REMAIN RESPONSIBLE FOR THE
MAINTENANCE OF THE PROJECTS STORMWATER MANAGEMENT SYSTEM
(SWMS), INCLUDING ALL STORMWATER RETENTION PONDS, UNTIL SUCH
TIME AS: (1) THE ENTIRE SWMS FOR THE PROJECT IS CONSTRUCTED AND
APPROPRIATE CERTIFICATES OF COMPLETION ISSUED BY BOTH THE CITY
AND THE SJRWMD, (II) THE STORMWATER RETENTION PONDS INTENDED
TO BE CONVEYED TO THE ASSOCIATION HAVE IN FACT BEEN CONVEYED
TO THE ASSOCIATION, (III) THE ASSOCIATION IS DESIGNATED AS THE
MAINTENANCE ENTITY ON THE RECORDS OF THE SJRWMD AND ALL
TRANSFER RECORDS REQUIRED BY THE SJRWMD HAVE BEEN EXECUTED
AND ACCEPTED BY SJRWMD, (IV) THE CITY HAS BEEN PROVIDED WITH A
COPY OF THE DEVELOPER'S PROPOSED MAINTENANCE PLAN WITH
RESPECT TO THE SWMS, AND (V) THE CITY HAS BEEN PROVIDED WITH A
WRITTEN STATEMENT FROM THE ASSOCIATION ACKNOWLEDGING RECEIPT
OF THE DEVELOPER'S PROPOSED MAINTENANCE PLAN WITH RESPECT TO
THE SWMS AND THAT THE ASSOCIATION IS RESPONSIBLE FOR THE
MAINTENANCE OF THE SWMS.
27.ALL DECLARATION OF COVENANTS AND RESTRICTIONS AFFECTING THE
PROPERTY SHALL INCLUDE THE FOLLOWING PROVISIONS:
i. PROVISION ALLOWING THE CITY TO LEVY, COLLECT, AND ENFORCE
ASSESSMENTS FOR MAINTENANCE OF COMMON AREAS IF
ASSOCIATION FAILS TO DO SO OR FAILS TO MAINTAIN ASSESSMENTS
AT A LEVEL ALLOWING FOR ADEQUATE MAINTENANCE.
ii. PROVISIONS GRANTING THE CITY THE RIGHT, BUT NOT THE
OBLIGATION TO MAINTAIN/REPAIR THE SWMS AND OBTAIN
REIMBURSEMENT FROM THE ASSOCIATION, OR FROM THE
DEVELOPER IF (i) TURNOVER OF CONTROL OF THE MEMBERS HAS
NOT OCCURRED, OR (ii) IF THE DEVELOPER IS STILL RESPONSIBLE
FOR MAINTENANCE OF THE SWMS.
iii. PROVISION PROVIDING THAT THE SWMS WILL BE TRANSFERRED TO
A RESPONSIBLE OPERATION/MAINTENANCE ENTITY ACCEPTABLE TO
THE CITY IN THE EVENT OF DISSOLUTION AND THAT IF DISSOLUTION
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OCCURS WITHOUT SUCH APPROVAL THEN THE CITY MAY CONTINUE
TO LEVY AND COLLECT ASSESSMENTS AND IMPOSE LIENS WITH
RESPECT THERETO NOTWITHSTANDING THE DISSOLUTION OF THE
ASSOCIATION.
iv. PROVISION THAT THE ASSOCIATION SHALL AT ALL TIMES BE IN GOOD
STANDING WITH THE FLORIDA SECRETARY OF STATE.
v. PROVISION THAT AT THE TIME OF TURNOVER OF CONTROL OF THE
ASSOCIATION TO THE MEMBERS, THE DECLARANT SHALL DELIVER
TO THE NEW BOARD OF DIRECTORS THE MAINTENANCE PLAN FOR
THE SWMS ACCOMPANIED BY AN ENGINEERS CERTIFICATION THAT
THE SWMS IS FUNCTIONING IN ACCORDANCE WITH ALL APPROVED
PLANS AND PERMITS. TO THE EXTENT THAT ANY SUCH ENGINEERS
REPORT INDICATES ANY CORRECTIVE ACTION IS REQUIRED THAT
DECLARANT SHALL BE REQUIRED TO DILIGENTLY UNDERTAKE SUCH
CORRECTIVE ACTION AT THE DECLARANTS EXPENSE AND TO POST A
CASH BOND WITH THE ASSOCIATION FOR THE ESTIMATED COSTS OF
SUCH CORRECTIVE ACTION.
vi. PROVISION THAT NO PROPERTY OWNED BY THE CITY OR ANY OTHER
GOVERNMENTAL ENTITY SHALL BE SUBJECT TO ASSESSMENTS
LEVIED BY THE ASSOCIATION.
vii. PROVISION THAT ANY AMENDMENT TO ANY PROVISION AFFECTING
THE CITY REQUIRES THE CONSENT OF THE CITY IN AN INSTRUMENT
RECORDED WITH THE AMENDMENT.
28.THE ARTICLES OF INCORPORATION AND BYLAWS OF THE ASSOCIATION
SHALL BE CONSISTENT WITH THE FOREGOING PROVISIONS.
29.EXCEPT AS SPECIFICALLY NOTED ON THIS PLAN, DEVELOPMENT OF THIS
PROPERTY SHALL BE CONSISTENT WITH THE REQUIREMENTS OF THE CITY
OF OCOEE CODE.
30.NOTHING HEREIN SHALL BE CONSTRUED TO WAIVE ANY PROVISION OF
THE LAND DEVELOPMENT CODE EXCEPT TO THE EXTENT EXPRESSLY SET
FORTH ON A WAIVER TABLE.
31.ALL LANDSCAPE AREAS WILL BE IRRIGATED AND HAVE AN AUTOMATIC
RAIN SENSOR.
32.INTENTIONALLY DELETED.
33.INTENTIONALLY DELETED.
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34.ALL UNDERGROUND UTILITIES SHALL COMPLY WITH SECTION 6-8 C 3 OF
THE LAND DEVELOPMENT CODE, WHICH REQUIRES PEDESTAL-MOUNTED
UTILITY BOXES TO BE PLACED BACK OF THE STREET, NO MORE THAN 5
FEET FORWARD OF THE FRONT BUILDING SETBACK LINE, ON ALL
RESIDENTIAL LOTS WHICH ARE LESS THAN 70 FEET IN WIDTH WHERE THE
LOT ABUTS THE STREET RIGHT-OF-WAY LINE.
35.FINAL STREET NAMING WILL BE COORDINATED THROUGH THE CITY
BUILDING DEPARTMENT AT THE TIME OF FINAL PLAT SUBMITTAL.
36.THE DEVELOPER SHALL CONSTRUCT APPROPRIATE CURB CUTS TO
ENABLE ACCESS RAMPS AT ALL RIGHT-OF-WAY INTERSECTIONS (AND
OTHER AREAS AS REASONABLY REQUIRED) IN ORDER TO ACCOMMODATE
ACCESS TO SIDEWALKS AND STREETS FOR PERSONS WHO ARE IN
WHEELCHAIRS AND OTHER PERSONS WHO ARE PHYSICALLY
CHALLENGED, AND OTHERWISE COMPLY WITH ALL AMERICANS WITH
DISABILITIES ACT (`ADA') REQUIREMENTS. WHEN SIDEWALKS ARE
CONSTRUCTED ON CORNER LOTS IN CERTAIN LOCATIONS, THE WALKS
WILL BE EXTENDED TO THE CURB AND THE APPROPRIATE RAMPS WILL
THEN BE CONSTRUCTED. THE CITY OF OCOEE WILL BE RESPONSIBLE FOR
THE CONTINUED MAINTENANCE OF ALL STREETS AND SIDEWALKS IN
ACCORDANCE WITH ALL ADA REQUIREMENTS THAT MAY NOW OR
HEREINAFTER BE APPLICABLE TO THE PROJECT.
37.THE LIFT STATION TRACT WILL BE CONVEYED TO THE CITY AT THE TIME OF
PLATTING. THE LIFT STATION MAY BE FENCED WITH A BLACK VINYL
COATED ALUMINUM FENCE AND SHALL BE SET BACK NO LESS THAN 25'
FROM ANY STREET. THE LIFT STATION SHALL ALSO BE SCREENED WITH
SWEET VIBURNUM HEDGING (36 IN. HIGH AND 30 IN. ON CENTER) IN
ADDITION TO JASMINE VINES.
38.ALL SCREEN WALLS, LANDSCAPE BUFFERS, ALL COMMON AREA
LANDSCAPE IMPROVEMENTS AS WELL AS SIDEWALKS ALONG THE FUTURE
LOCAL STREET AND ALONG ALL OTHER PERIMETER PROPERTY LINES
SHALL BE COMPLETED PRIOR TO ISSUANCE OF THE CERTIFICATE OF
COMPLETION.
39.SHORT TERM RENTALS (RENTAL TERM LESS THAN 6 MONTHS) SHALL BE
PROHIBITED. THIS RESTRICTION SHALL BE INCORPORATED INTO THE
DECLARATION FOR THE SUBDIVISION AND SHALL PROVIDE THAT THE
PROVISION MAY BE ENFORCED BY THE CITY.
40.INTENTIONALLY DELETED.
41.THE DECLARATION FOR THE SUBDIVISION SHALL PROHIBIT RV AND BOAT
PARKING WITHIN THE SUBDIVISION.
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42.INTENTIONALLY DELETED.
43.INTENTIONALLY DELETED.
44.INTENTIONALLY DELETED.
45.THE DEVELOPER SHALL COMPLY WITH ORDINANCE NO. 2001-19 OF THE
LAND DEVELOPMENT CODE RELATING TO COMMUNITY MEETING ROOMS.
46.INTENTIONALLY DELETED.
47.INTENTIONALLY DELETED.
48.INTENTIONALLY DELETED.
49.A BLANKET EASEMENT WILL BE PROVIDED TO THE CITY OF OCOEE OVER
ALL TRACTS TO BE OWNED BY THE HOMEOWNERS ASSOCIATION FOR THE
MAINTENANCE OF ALL UTILITIES AND DRAINAGE OVER SUCH TRACTS.
50.WATER AND SEWER SERVICE WILL BE PROVIDED BY THE CITY OF OCOEE.
AT THE TIME OF PLATTING, EASEMENTS WILL BE PLACED OVER THE
SERVICE LINES AND DEDICATED TO THE CITY OF OCOEE.
51.RECLAIMED WATER WILL BE USED FOR IRRIGATION PURPOSES, AVAILABLE
FROM THE CITY OF OCOEE, BY CONNECTING TO THE EXISTING RECLAIMED
PIPELINE AT THE INTERSECTION OF INGRAM ROAD AND CLARCONA OCOEE
ROAD. A MASTER IRRIGATION SYSTEM WILL BE INSTALLED TO SERVICE ALL
COMMON AREAS AND RESIDENTIAL LOTS WILL BE INDIVIDUALLY METERED.
THIS MASTER SYSTEM WILL BE OWNED AND MAINTAINED BY THE
HOMEOWNERS ASSOCIATION.
52.ALL STORMWATER MANAGEMENT PONDS WILL BE UNFENCED WITH A
MAXIMUM 5:1 SIDE SLOPES INTO THE POND.
53.ALL BUILDING SETBACKS FROM ALL RETENTION AREAS SHALL BE 15 FEET
FROM THE TOP OF BANK.
54.DRAINAGE EASEMENTS BETWEEN LOTS ARE SHOWN FOR LOCATIONAL
PURPOSES ONLY. FINAL EASEMENT DIMENSIONS (WIDTHS) WILL BE
SHOWN ON THE FINAL SUBDIVISION PLAN AND WILL BE SIZED TO MEET
CITY REQUIREMENTS.
55.STREET LIGHTS, SECURITY LIGHTS, AND LIGHTING FOR COMMON AREAS
MEETING CURRENT LAND DEVELOPMENT CODE REQUIREMENTS SHALL BE
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INSTALLED BY THE OWNER PRIOR TO CERTIFICATE OF COMPLETION AT
THE OWNER'S EXPENSE.
56.THE HOMEOWNERS ASSOCIATION SHALL BE RESPONSIBLE FOR THE
MAINTENANCE OF ALL LANDSCAPED AREAS. LANDSCAPED AREAS SHALL
BE KEPT IN A NEAT, HEALTHY AND ORDERLY APPEARANCE FREE OF
REFUSE AND DEBRIS.
57.EACH SINGLE FAMILY LOT SHALL HAVE THE MINIMUM OF THREE (3) TREES
PER LOT, EACH TREE TO BE 10 FT. IN HEIGHT AND 2 IN. DBH AT TIME OF
PLANTING.
58.INTENTIONALLY DELETED.
59.INTENTIONALLY DELETED.
60.INTENTIONALLY DELETED.
61.A DETAILED TREE SURVEY, DEMONSTRATING THE LOCATIONS OF
HARDWOOD TREES, WILL BE SUBMITTED WITH THE FINAL SUBDIVISION
PLAN.
62.A STABILIZED ROADWAY SHALL BE PROVIDED AT ALL TIMES DURING
CONSTRUCTION FOR EMERGENCY ACCESS.
63.NO COMBUSTIBLE MATERIAL SHALL BE ALLOWED ON SITE UNTIL A DEP
APPROVED WATER SUPPLY IS ESTABLISHED AND A STABILIZED ROAD
SURFACE IS CONSTRUCTED.
64.INTENTIONALLY DELETED.
65. INTENTIONALLY DELETED.
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