HomeMy WebLinkAboutIII (E) Developement Agreement for Lake Lotta Mall PUD Y
AGENDA 1-26-95
ITEM III E
THIS INSTRUMENT PREPARED BY
AND SHOULD BE RETURNED TO:
Paul E. Rosenthal, Esq.
FOLEY &LARDNER
111 North Orange Avenue, Suite 1800
Post Office Box 2193
Orlando, FL 32802-2193
(407)423-7656
For Recording Purposes Only
DEVELOPMENT AGREEMENT
(LAKE LOTTA MALL PUD)
THIS DEVELOPMENT AGREEMENT ("this Agreement") is made and
entered into as of the day of , 1995 by and between
HOMART DEVELOPMENT CO. , a Delaware corporation, whose mailing
address is Security Centre, Suite 529, 3500 Piedmont Road,
Northeast, Atlanta, Georgia 30305 (hereinafter referred to as the
"Developer") , LAKE LOTTA, LTD. , a Florida limited partnership,
whose mailing address is 890 SR 434 North, Altamonte Springs,
Florida 32714 (hereinafter referred to as the "Owner") and the CITY
OF OCOEE, a Florida municipal corporation, whose mailing address is
150 North Lakeshore Drive, Ocoee, Florida 34761 (hereinafter
referred to as the "City") .
WITNESSET H:
WHEREAS, the Owner owns fee simple title to certain lands
located in Orange County, Florida, and within the corporate limits
of the City of Ocoee, Florida, said lands being more particularly
described in Exhibit "A" attached hereto and by this reference made
a part hereof (hereinafter referred to as the "Property") ; and
WHEREAS, the City and the Owner have heretofore entered
into that certain Development Agreement, dated November 22, 1988,
as recorded on June 1, 1989 in Official Records Book 4085, Page 223
of the Public Records of Orange County, Florida, as amended by
instrument dated August 21, 1990 as recorded in Official Records
Book 4213, Page 1053 of the Public Records of Orange County,
Florida ("the Existing Lake Lotta PUD Development Agreement") ; and
WHEREAS, the Developer has entered into a contract to
purchase the Property from the Owner; and
WHEREAS, the Developer is the authorized agent of the
Owner for the purposes of this Agreement and the rezoning of the
Property and has the authority to enter into this Agreement on
behalf of the Owner; and
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WHEREAS, of even date herewith, the City Commission of
the City of Ocoee, Florida ("the City Commission") has taken the
following actions:
(1) Approved Ordinance No. 95-01 amending the City
of Ocoee Comprehensive Plan as adopted by Ordinance No.
91-28 and as amended by Ordinance No. 94-19 ("the Ocoee
Comprehensive Plan") ;
(2) Approved that certain Development Order for the
Lake Lotta Mall Development of Regional Impact ("the DRI
Development Order") ; and
(3) Approved Ordinance No. 95-02 which (a) repeals
the current Lake Lotta PUD zoning as approved by
Ordinance No. 88-58 on November 22, 1988 with respect to
the Property; (b) rezones the Property to a new PUD,
Planned Unit Development; (c) repeals the current Lake
Lotta PUD Land Use Plan; and (d) approves a new Land Use
Plan for the Lake Lotta Mall PUD; and
WHEREAS, the provisions of Section 4-5 of Article IV of
the Land Development Code of the City of Ocoee (the "Ocoee Land
Development Code") requires the execution of this Agreement in
conjunction with the approval of Ordinance No. 95-02 and further
requires that this Agreement incorporate all plans and conditions
of approval by reference; and
WHEREAS, the Developer and the City desire to terminate,
rescind and repeal in its entirety the Existing Lake Lotta PUD
Development Agreement; and
WHEREAS, the Developer and the City desire to execute
this Agreement in order to fully comply with the requirements of
the Ocoee Land Development Code.
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. The above recitals are true and
correct and incorporated herein by this reference.
Section 2. Development of the Property.
A. The Developer hereby agrees to develop the Property
in accordance with Ordinance No. 94-02, adopted by the Ocoee City
Commission on January 26, 1995, including that certain Land Use
Plan for the Lake Lotta Mall PUD dated December 29, 1994 as revised
through January 16, 1995, and date stamped as received by the City
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on January 20, 1995 and consisting of the following fourteen (14)
sheets:
Sheet SP 1: Land Use Plan
Sheet 2 : Conceptual Grading and Drainage Plan
Sheet 3: Conceptual Utility Plan - Water & Sewer
Sheet 4: Conceptual Utility Plan - Power, Gas,
Telephone & Site Lighting
Sheet 5: Conceptual Signing & Marking Plan
Sheet 6: Conditions of Approval (dated August 26,
1994 as revised through January
19, 1995)
Sheet 7: Sketch to Accompany Legal Description
(as revised thru January 19, 1995)
Sheet 8: Heavy Duty Pavement Areas
Sheet 9: Tree Removal and Preservation Plan
(dated December 20, 1994)
Sheet 10: Conceptual Landscape Development Plan
(dated December 20, 1994)
Sheet 11: Conceptual Landscape Detail Sections
(dated December 20, 1994 as revised
thru January 16, 1995)
Sheet 12: Conceptual Landscape Entry Enlargement
Development Plans
(dated December 20, 1994)
Sheet 13 : Site Plan with Topography
Sheet 14: Proposed Conditions Drainage Map
(hereinafter referred to as the "Land Use Plan") . Ordinance No.
95-02 and the Land Use Plan are hereby incorporated herein by
reference as if fully set forth herein.
B. The Developer hereby agrees that the Property shall
be developed in accordance with and is made subject to those
certain Conditions of Approval attached hereto as Exhibit "B" and
by this reference made a part hereof ("the Conditions of
Approval") . The Developer further agrees to comply with all of the
terms and provisions of the Conditions of Approval. The Conditions
of Approval attached hereto as Exhibit "B" are the same as the
Conditions of Approval set forth on Sheet 6 of the Land Use Plan.
C. Attached hereto as Composite Exhibit "C" and by this
reference made a part hereof are the following: (1) Table #1 -
Parcel Building Size & Ownership, (2) Table #2 - Phase Building
Size, (3) Table #3 - Phased Parking Requirements, and (4) Table #4
- Parcel Acreage Identification. The foregoing documents attached
hereto as Composite Exhibit "C" are also set forth on the Land Use
Plan. The Developer hereby agrees that the Property shall be
developed in accordance with and is made subject to the foregoing
documents.
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D. Except as otherwise expressly set forth in this
Agreement, the Land Use Plan, Ordinance No. 95-02, or the DRI
Development Order, it is agreed that (1) the Developer shall comply
with the zoning and subdivision regulations of the City as set
forth in the Ocoee Land Development Code, as it may from time to
time be amended, and (2) all preliminary subdivision plans, final
subdivision plans and final site plans for the Property or any
portion thereof shall conform to the Ocoee Land Development Code
requirements in effect at the time of approval of any such plans.
In the event of any conflict between the provisions of the Ocoee
Land Development Code, as it may from time to time be amended, and
this Agreement, it is agreed that the provisions of this Agreement
shall control.
Section 3. Waivers from the Ocoee Land Development Code.
In connection with the approval of Ordinance No. 95-02, the
Developer has been granted certain waivers from the requirements of
the Ocoee Land Development Code, said waivers being set forth in
Exhibit "D" attached hereto and by this reference made a part
hereof.
Section 4. Conveyances and Easement.
(A) The provisions of Conditions 1 and 30 of the
Conditions of Approval attached hereto as Exhibit "B" are hereby
expressly agreed to by the Developer, said provisions relating to
the conveyance to the City of certain land for the future expansion
of Clarke Road and State Road 50.
(B) The provisions of Part II(C) (1) of the DRI
Development Order are hereby expressly agreed to by the Developer,
said provisions relating to Clarke Road and being incorporated
herein by reference as if fully set forth herein.
(C) At the time of each conveyance to the City and each
grant of an easement to the City as called for in the Conditions of
Approval and/or the DRI Development Order, the Developer shall pay
all recording fees and documentary stamp taxes, if any, relating to
or resulting from such conveyance or grant of easement. In
connection with any such conveyances, real property taxes shall be
prorated as of the day before the acceptance of the conveyance by
the City and the prorated amount shall be paid by the Developer and
shall be escrowed in accordance with the provisions of Section
196.295, Florida Statutes. At least seven (7) days prior to any
such conveyances, the Developer shall provide to the City
acceptable evidence of title to the land being conveyed or easement
being granted. The Developer shall execute and deliver to the City
such other documents as are reasonably required by the City in
connection with the conveyance of land to the City or the granting
of easements to the City.
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Section 5. Repeal of Existing Developer Agreement. The
Existing Lake Lotta PUD Development Agreement as it relates to the
Property is hereby terminated, rescinded and repealed in its
entirety except for the following provisions which are hereby made
a part of this Agreement:
(i) The City shall not seek to impose upon the
Property any special assessments pursuant to Chapter 170,
Florida Statues, in order to pay for any costs associated
with the construction of Clarke Road as it exists on the
effective date of this Agreement.
(ii) The City will not attempt to pay for the costs
of the design and construction of Clarke Road as it
exists on the effective date of this Agreement by the
creation of a special road impact fee district affecting
only property owners in the immediate vicinity of Clarke
Road. Notwithstanding the foregoing, the parties hereto
acknowledge and agree that Road Impact Fees may be
imposed on a City-wide basis or district basis including
property owners in addition to those in the vicinity of
Clarke Road and may be utilized by the City to pay for
the costs associated with Clarke Road, including but not
limited to land acquisition, design, engineering and
construction costs and principal, interest and other
payments related to the issuance of the City of Ocoee
1990 Transportation Refunding and Improvement Bonds.
All references in this Section to "Clarke Road" refer to Clarke
Road as it exists on the effective date of this Agreement; to wit:
as a four-lane urban divided highway. Nothing contained herein
shall be construed to negate any provisions of the DRI Development
Order, Ordinance No. 95-02 or this Agreement relating to Clarke
Road. It is the intent of this Section to leave in effect Sections
4 (A) and 4 (D) of the amendment to the Existing Lake Lotta PUD
Development Agreement.
Section 6. Notice. Any notice delivered with respect to
this Agreement shall be in writing and be deemed to be delivered
(whether or not actually received) when (i) hand delivered to the
person hereinafter designated, or (ii) upon receipt of such notice
when deposited in the United States Mail, postage prepaid,
certified mail, return receipt requested, addressed to the person
at the mailing address set forth on the first page of this
Agreement, or such other address or to such other person as the
party shall have specified by written notice to theother party
delivered in accordance herewith.
Section 7. Covenant Running with the Land. This
Agreement shall run with the Property and inure to and be for the
benefit of the parties hereto and their respective successors and
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assigns and any person, firm, corporation, or entity who may become
the successor in interest to the Property or any portion thereof.
Section 8. Recordation of Agreement. The parties hereto
agree that an executed original of this Agreement shall be recorded
by the City, at the Developer's expense, in the Public Records of
Orange County, Florida; provided, however, that this Agreement
shall not be recorded prior to it becoming effective as provided in
Section 18 hereof. The City will, from time to time upon request
of the Developer, execute and deliver letters affirming the status
of this Agreement.
Section 9. Applicable Law. This Agreement and the
provisions contained herein shall be construed, controlled and
interpreted according to the laws of the State of Florida.
Section 10. Time of the Essence. Time is hereby
declared of the essence to the lawful performance of the duties and
obligations contained in this Agreement.
Section 11. Agreement; Amendment. This Agreement
constitutes the entire agreement between the parties, and
supersedes all previous discussions, understandings and agreements,
with respect to the subject matter hereof; provided, however, that
nothing contained herein shall be deemed to supersede or amend any
provisions of the DRI Development Order and Ordinance No. 95-02.
Amendments to and waivers of the provisions of this Agreement shall
be made by the parties only in writing by formal amendment.
Section 12. Further Documentation. The parties agree
that at any time following a request therefor by the other 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 either
party hereunder.
Section 13. Specific Performance. Both the City and the
Developer shall have the right to enforce the terms and conditions
of this Agreement by an action for specific performance.
Section 14. Attorneys' Fees. In the event that either
party finds it necessary to commence an action against the other
party to enforce any provision of this Agreement or because of a
breach by the other party of any terms hereof, the prevailing party
shall be entitled to recover from the other party its reasonable
attorneys' fees, legal assistants' 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.
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Section 15. 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.
Section 16. 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 this Agreement.
Section 17. Severability. If any 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.
Section 18. Effective Date. The Effective Date of this
Agreement shall be the date that Ordinance No. 95-02 becomes
effective pursuant to the provisions of Section Ten thereof. This
Agreement shall be of no force or effect prior to the Effective
Date hereof. The recording of this Agreement in the Public Records
of Orange County, Florida shall be conclusive evidence that
Ordinance No. 95-02 has become effective pursuant to the provisions
of Section Ten thereof. -
Section 19. Execution by Owner. The Owner is executing
this Agreement for the purpose of acknowledging and agreeing:
(i) that the Developer has been duly authorized by the Owner to
enter in to this Agreement; (ii) that this Agreement is binding
upon the Property and that this Agreement and all of the Conditions
of Approval apply to and control all further development of the
Property; (iii) that this Agreement and the Conditions of Approval
run with the land and are therefore applicable to the Owner prior
to the conveyance of the Property to the Developer; and (iv) that
this Agreement and all of the Conditions of Approval shall be
complied with by any subsequent purchaser, owner, or assignee of
any portion of the Property.
Section 20. No Effect on Water and Sewer Agreements.
Notwithstanding anything to the contrary set forth in this
Agreement, nothing contained herein is intended to amend, modify,
repeal, or in any way affect the provisions of the Water and Sewer
Agreements as set forth in Part I (A) (14) , Findings of Fact, of the
DRI Development Order as such provisions relate to water and sewer
matters.
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IN WITNESS WHEREOF, the Developer, the Owner, and the
City have caused this instrument to be executed by their duly
authorized officers as of the day and year first above written.
DEVELOPER:
Signed, sealed and delivered HOMART DEVELOPMENT CO. ,
in the presence of: a Delaware corporation
By:
Print Name: Name:
Title:
(CORPORATE SEAL)
Print Name:
STATE OF
COUNTY OF
I HEREBY CERTIFY that on this day, before me, an officer
duly authorized in the State and County aforesaid to take
acknowledgments, personally appeared , as
of HOMART DEVELOPMENT CO. , a Delaware
corporation, and who [ ] is personally known to me or [
produced as identification, and that he
acknowledged executing the same in the presence of two subscribing
witnesses, on behalf of said corporation, 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 , 1995.
Signature of Notary
Name of Notary (Typed,Printed or stamped
Commission Number(if not legible on seal):
My Commission Expires(if not legible on seal):
•
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OWNER:
Signed, sealed and delivered LAKE LOTTA, LTD. ,
in the presence of: a Florida limited partnership
By: LOTTA GP INC. ,
a Florida corporation, its
managing general partner
By:
Barry S. Goodman,
Print Name: President
(CORPORATE SEAL)
Print Name:
STATE OF FLORIDA
COUNTY OF
I HEREBY CERTIFY that on this day, before me, an officer
duly authorized in the State and County aforesaid to take
acknowledgments, personally appeared BARRY S. GOODMAN, as President
of LOTTA GP INC. , a Florida corporation, which is the managing
general partner of LAKE LOTTA, LTD. , a Florida limited partnership,
and who [ ] is personally known to me or [ ] produced
as identification, and that he
acknowledged executing the same in the presence of two subscribing
witnesses, on behalf of said corporation and partnership, 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 , 1995.
Signature of Notary
Name of Notary (Typed, Printed or Stamped)
Commission Number(if not legible on seal):
My Commission Expire.(if not legible on seal):
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CITY:
Signed, sealed and delivered CITY OF OCOEE, FLORIDA
in the presence of:
By:
S. Scott Vandergrift, Mayor
Print Name:
Attest:
Jean Grafton, City Clerk
Print Name: (SEAL)
FOR USE AND RELIANCE ONLY BY APPROVED BY THE OCOEE CITY
THE CITY OF OCOEE, FLORIDA. COMMISSION AT A SPECIAL MEETING
Approved as to form and HELD ON , 1995
legality this day of UNDER AGENDA ITEM NO.
, 1995.
FOLEY & LARDNER
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 S. SCOTT VANDERGRIFT and JEAN
GRAFTON, 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 , 1995.
Signature of Notary
Name of Notary (Typed, Printed or Stamped)
Commission Number(if not legible on seal):
My Commission Expires(if not legible on seal):
A:\DVAGMAL.RV31IRONSILAKE LGTTA(DISK 101)IPER:k
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EXHIBIT "A"
BEING ALL THAT TRACT OF LAND LYING AND BEING PARTS OF SECTION 21,
TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA AND MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE EAST QUARTER CORNER OF SECTION 21, TOWNSHIP 22
SOUTH, RANGE 28 EAST; THENCE S 89°42'47" W, A DISTANCE OF 1336.77 FEET
TO A POINT BEING THE N.E. CORNER OF THE N.W. QUARTER OF THE S.E.
QUARTER OF SAID SECTION 21 AND BEING THE POINT OF BEGINNING; THENCE
S 0°14'27" W, ALONG THE EAST LINE OF THE N.W. QUARTER OF THE S.E.
QUARTER OF SAID SECTION 21, A DISTANCE OF 1325.27 FEET; THENCE N
89°32'59" E ALONG THE NORTH LINE OF TRACT 15, ORLANDO GROVES
ASSOCIATION, LAKE LOTTA GROVES, ACCORDING TO THE PLAT THEREOF, AS
RECORDED IN PLAT BOOK E, PAGE 52, PUBLIC RECORDS, ORANGE COUNTY,
FLORIDA, A DISTANCE OF 90.63 FEET; THENCE S 0°14'27" W, A DISTANCE OF
944.21 FEET; THENCE S 89°26'02" W ALONG THE SOUTH LINE OF LOT 3, BLOCK
A, SAID PLAT, A DISTANCE OF 180.83 FEET; THENCE S 19°55'46" W ALONG THE
WEST LINE OF LOTS 4 THROUGH 7, BLOCK A, SAID PLAT, A DISTANCE OF 343.13
FEET TO ITS INTERSECTION WITH THE NORTH RIGHT OF WAY OF STATE ROAD
50, HAVING A 150 FOOT RIGHT OF WAY; THENCE ALONG THE NORTH RIGHT OF
WAY OF STATE ROAD 50 AT A BEARING OF S 89°48'09" W, A DISTANCE OF
1106.89 FEET; THENCE N 0°02'25" E ALONG THE WEST LINE OF TRACT 6, SAID
PLAT AND ITS NORTHERLY PROLONGATION, A DISTANCE OF 611.73 FEET,
LEAVING THE NORTH RIGHT OF WAY OF STATE ROAD 50; THENCE S 89°48'24"
W ALONG THE SOUTH LINE OF TRACTS 11 AND 12, SAID PLAT, AND ITS
EASTERLY PROLONGATION, A DISTANCE OF 678.03 FEET; THENCE N 0°03'23" W
ALONG THE WEST LINE OF TRACT 11, SAID PLAT, A DISTANCE OF 649.15 FEET;
THENCE S 89°46'31" W ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER
OF THE SOUTHWEST QUARTER, SECTION 21, A DISTANCE OF 303.32 FEET
INTERSECTING THE EAST RIGHT OF WAY OF CLARKE ROAD HAVING A 100
FOOT RIGHT OF WAY TO A POINT ON A NON-TANGENT CURVE, CONCAVE
SOUTHEASTERLY, HAVING A RADIUS OF 1191.00 FEET AND A CENTRAL ANGLE
OF 19°33'36"; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE TO THE
RIGHT, A DISTANCE OF 406.59 FEET, SAID ARC SUBTENDED BY A CHORD
WHfCH BEARS N 13°20'24" E, A DISTANCE OF 404.62 FEET TO THE END OF THE
CURVE; THENCE ALONG SAID RIGHT OF WAY S 66°52'48" E, A DISTANCE OF
20.00 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHEASTERLY
HAVING A RADIUS OF 1171.00 FEET AND A CENTRAL ANGLE OF 0°55'24";
THENCE NORTHERLY ALONG SAID RIGHT OF WAY AND THE ARC OF SAID
CURVE TO THE RIGHT, A DISTANCE OF 18.87 FEET, SAID ARC SUBTENDED BY A
CHORD WHICH BEARS N 23°34'54" E, A DISTANCE OF 18.87 FEET TO. THE END OF
CURVE; THENCE ALONG THE EASTERLY RIGHT OF WAY OF CLARKE ROAD N
65°57'24" W, A DISTANCE OF 20.00 FEET TO THE BEGINNING OF A CURVE
CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 1191.00 FEET AND A
(Page 1 of 2)
CENTRAL ANGLE OF 17°29'14"; THENCE NORTHERLY ALONG SAID RIGHT OF
WAY AND THE ARC OF SAID CURVE TO THE RIGHT, A DISTANCE OF 363.50 FEET
SAID ARC SUBTENDED BY A CHORD WHICH BEARS N 32°47'13" E, A DISTANCE
OF 362.10 FEET TO THE END OF THE CURVE; THENCE REMAINING ALONG THE
EASTERLY RIGHT OF WAY OF CLARKE ROAD N 41°31'50" E, A DISTANCE OF
501.23 FEET; THENCE S 48°28'10" E, A DISTANCE OF 20.00 FEET ALONG SAID
RIGHT OF WAY; THENCE ALONG THE RIGHT OF WAY OF CLARKE ROAD, N
41°31'50" E, A DISTANCE OF 20.00 FEET; THENCE N 48°28'10" W ALONG SAID
RIGHT OF WAY, A DISTANCE OF 20.00 FEET; THENCE ALONG RIGHT OF WAY OF
CLARKE ROAD N 41°31'50" E, A DISTANCE OF 70.59 FEET TO THE BEGINNING OF
A CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 1291.00 FEET
AND A CENTRAL ANGLE OF 41°20'59"; THENCE NORTHERLY ALONG SAID
RIGHT OF WAY AND THE ARC OF SAID CURVE TO THE LEFT, A DISTANCE OF
931.70 FEET, SAID ARC SUBTENDED BY A CHORD WHICH BEARS N 20°51'21" E, A
DISTANCE OF 911.61 FEET TO THE END OF THE CURVE; THENCE ALONG THE
EAST RIGHT OF WAY OF CLARKE ROAD N 0°10'51" E, A DISTANCE OF 208.91
FEET; THENCE S 89°49'09" E, A DISTANCE OF 955.13 FEET, LEAVING THE EAST
RIGHT OF WAY OF CLARKE ROAD; THENCE S 0°04'18" E ALONG THE EAST LINE
OF THE WEST 3/4 OF THE SOUTHWEST QUARTER OF THE NORTHEAST
QUARTER, SECTION 21, A DISTANCE OF 878.68 FEET; THENCE N 89°42'47" E,
ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF THE SOUTHEAST
QUARTER, SECTION 21 A DISTANCE OF 334.19 FEET TO THE POINT OF
BEGINNING.
CONTAINS 130.004 ACRES, MORE OR LESS.
(Page 2 of 2)
EXHIBIT "B"
Page 1
CONDITIONS OF APPROVAL
1. Right-of-Way- On the day the Developer is issued a building permit for a mall of at
least 800,000 gross square feet on the Property, the Developer shall dedicate and
convey to the City twenty-two (22) feet of land along Clarke Road (as shown on the
Land Use Plan) for the future six-laning of that portion of Clarke Road adjacent to
the Project. Notwithstanding the right-of-way dedications, the City is under no
obligation to undertake any efforts or expend any funds for the six-laning of Clarke
Road or to undertake any construction or road improvement activities with respect
thereto and the City has advised the Developer that it will not undertake any such
efforts or activities.
Contemporaneous with the conveyance of the right-of-way for Clarke Road, the
Developer shall dedicate and convey to the City fifteen (15) feet of land along SR 50
as shown on the Land Use Plan for the future six-laning of this portion of SR 50.
Prior to the donations and conveyances set forth above, the Developer shall, at its
sole cost and expense, provide the City with legal descriptions, including sketches of
description, of the proposed conveyances which legal descriptions and sketches shall
be subject to the review and approval of the City. The Developer's obligation to
convey the right-of-way areas and the terms thereof shall be set forth in the
Developer's Agreement. The right-of-way areas (both SR 50 and Clarke Road) shall
be landscaped as shown on the Land Use Plan and maintained by the Developer, at
its sole cost and expense, until such time as the City advises the Developer that it is
assuming such responsibility; provided, however, that the City shall have no
obligation to do so. The right-of-way areas shall be conveyed by warranty deed in a
form and substance acceptable to the City, along with title information evidencing
the Developer's unencumbered ownership or provision of the appropriate releases;
provided, however, that such conveyances shall be subject to easements of record.
Such right-of-way will be conveyed to the City without any road impact fee or other
credits and at no cost or expense to the City.
2. Maintenance-All access roads, the Ring Roads, all other roadways within the
Property, all parking and other paved areas, sidewalks (except those within
dedicated rights-of-way along Clarke Road and SR 50), parking lots, roadway
lighting, utilities, screening walls, buffer landscaping, retention ponds, storm
drainage conveyance systems, and all other common areas within the Property will
be maintained by the Developer at no cost or expense to the City. These
responsibilities and obligations may be transferred (in whole or in part) to a
property owner's association (the "Association")which will be formed prior to
approval of the first plat for any portion of the Property. All applicable Association
documents, including but not limited to covenants, easements and restrictions and
other pertinent agreements between the Developer and the Association will be
PUD Land Use Plan/Preliminary Site Plan/Preliminary Subdivision Plan
Lake Lotto Mall
January 18, 1995
Page 2
subject to the review and approval of the City prior to approval of the first plat for
any portion of the Property.
3. Other Approvals - The Lake Lotta Mall Land Use Plan is subject to the Lake Lotta
Mall DRI Development Order, the approval of Comprehensive Plan Amendment
CPA 1-9-93, the Lake Lotta Mall Developers Agreement and Conditions of
Approval of this Land Use Plan pursuant to Section 4-5(B)(5) of the Ocoee Land
Development Code. Nothing contained in the Lake Lotta Mall Land Use Plan,
including the Conditions of Approval, is intended to conflict with or supersede the
Lake Lotta Mall DRI Development Order and in the event of any conflict the
provisions of the Lake Lotta Mall DRI Development Order shall control.
4. Landscape and Buffers - See Sheets 1, 9, 10, 11 and 12 of the Land Use Plan for
landscape and buffer information. The Developer will be responsible for installation
and on-site maintenance of all landscaping. City approval of all landscaping is
required. A temporary opaque fence will be erected along the eastern edge of Parcel
5 (Basin 1) at the commencement of site development. The temporary opaque fence
will be replaced by the brick wall and landscaping as indicated on the Land Use
Plan at the time the pond on Basin 1 is fully excavated and stabilized. Construction
of the brick wall in any case will begin no later than 90 days after the
commencement of site development. The wall along that edge will be completed no
later than 150 days after the commencement of site development. All other
screening walls will be installed at the commencement of site development or as
otherwise indicated on the Land Use Plan. If the Developer decides to improve the
median islands along Clarke Road, then the landscape plan for such improvements
shall be subject to the prior approval of the City. In such event, the Developer shall,
at its sole cost and expense, maintain the improved landscaped median islands along
Clarke Road, including but not limited to all irrigation necessary in connection
therewith. A right-of-way utilization permit will be required prior to undertaking
any such improvements. A 7-foot brick wall will be required where single-family
areas adjoin the Property. A 6-foot brick wall is also required where the Property
adjoins the Lake Lotta Center PUD multifamily tract.
Landscaping shall meet the following standards:
a. Required landscape area around base of department store buildings will be
the responsibility of the individual stores and not the Developer of the Mall.
Such requirement shall be set forth in the Declaration of Covenants,
Easements and Restrictions. Landscape development shown on the Land
Use Plan is for illustrative purposes only. Actual landscaping will be shown
as part of the Final Subdivision/Site Plan for the project regardless of
ownership consistent with the Land Use Plan and Preliminary
Subdivision/Site Plan.
PUD Land Use Plan/Preliminary Site Plan/Preliminary Subdivision Plan
Lake Lotta Mall
January 18, 1995
Page 3
b. All landscape areas shall be irrigated by a permanent automatic sprinkler
system, at the Developer's sole cost and expense,which will provide 100
percent coverage to ensure the continued life of the plant material
c. All replacement trees shall be greater than or equal to two (2) inch in
diameter at breast height (dbh).
d. One tree per 50 linear feet of property line is to be provided on all perimeter
lot lines not abutting right-of-ways.
e. Hedges, shrubs and groundcovers are not shown on the Land Use Plan due
to scale. Landscape areas will be designed to integrate hedges, shrubs and
groundcovers to create a functional and aesthetically pleasing composition as
appropriate to the various conditions which exist in the site plan.
5. Setbacks:
Building: 50' from SR 50 proposed right-of-way
50' from Clarke Road proposed right-of-way
25' from adjacent non-residential properties
50' from adjacent residential properties
100' from Rose Hill subdivision
Parking/Pavement: 15' from SR 50 proposed right-of-way
25' from Clarke Road proposed right-of-way
10' from adjacent non-residential properties
25' from adjacent residential properties
Pond Fencing: 10' from adjacent properties
15' from rights-of-way
6. Building Heights-Building heights will not exceed 45'.
7. Building Coverage and Dimensions - The footprint for the Mall and the Automotive
Center are shown on Sheet 1 of the Land Use Plan to approximate scale. The
dimensions for other buildings on outparcels are not known at this time; they will be
subject to separate site plan approvals in accordance with the applicable provisions
of the Ocoee Land Development Code in effect at the time of application for such
separate site plan approval.
8. Minimum Space Between Buildings-Building separations will meet fire
requirements in effect at the time of the issuance of building permits.
PUD Land Use Plan/Preliminary Site Plan/Preliminary Subdivision Plan
Lake Lotta Mall
January 18, 1995
Page 4
9. Minimum Lot Sizes - Lot sizes are as shown on Sheet 1 of the Land Use Plan. In the
event further subdivision of lots is needed in the future to accommodate users, then
those lots will be subject to further review in accordance with the applicable
provisions of the Ocoee Land Development Code in effect at the time of application
for further review or subdivision.
10. Uses - The permitted uses will be those uses set forth in the Lake Lotta Mall DRI
Development Order and the C-2 Zoning District, except that automobile sales,
commercial convenience stores with or without gas sales, drive-in restaurants with
no inside seating, equipment sales, gasoline stations, miniature golf courses, pawn
shops and funeral homes are expressly prohibited.
11. Floor Area:
Maximum Gross Square Footage(gsf) Mall 1,401,231 sq.ft.
Peripheral Retail Parcels 262,000 sq.ft.
Maximum Gross Leasable Area(gla) Mail *1,250,000 sq.ft.
Peripheral Retail Parcels *250,000 sq.ft.
Upon written request to the City, the Developer shall have the right to
increase the Peripheral Retail use up to an additional 50,000 square feet GLA
(52,400 GSF) by reducing retail square footage in the Mall without the
necessity or modifying the Land Use Plan under the following parameters:
a. Any transfer shall be based on trip generation levels, since Peripheral
Retail will generate more trips per thousand square feet than will the
Mall retail.
b. Additional on-site and near-site traffic analysis shall be conducted to
the City of Ocoee's satisfaction when additional Peripheral Retail
development is proposed. The Developer shall not be entitled to
increase the Peripheral Retail as set forth above unless the City
determines that the additional on-site and near-site traffic analysis is
satisfactory; and
c. The Developer shall not be entitled to increase the Peripheral Retail as
set forth above unless the Developer has been issued a building permit
for a mall of at least 800,000 gross square feet and has commenced
construction pursuant thereto.
PUD Land Use Plan/Preliminary Site Plan/Preliminary Subdivision Plan
Lake Lotta Mall
January 18, 1995
•
Page 5
Maximum Floor Area Ratio: .30 (1,663,231 sq.ft.
on 130.0 acres)
Note: GSF= Gross Square Feet GLA= Gross Leasable Area
The building square footages for individual parcels other than the Mall and
Automotive Center are not known at this time. Based on parcel sizes, they are
estimated to be as follows:
Estimated Building Size Estimated Building Size
Parcel (g.l.a.) (g.s.f.)
A 130,740 sq.ft. 137,016 sq.ft.
B-1 48,125 sq.ft. 50,435 sq.ft.
B-2 33,600 sq.ft. 35,213 sq.ft.
C 9,538 sq.ft. 9,996 sq.ft.
D-1 5,176 sq.ft. 5,424 sq.ft.
D-2 13,007 sq.ft. 13,631 sq.ft.
•
2A 9,814 sa.ft. 10,285 sa.ft.
Total 250,000 sq.ft. 262,000 sq.ft.
The actual square footage constructed may vary, but the total constructed area will
not exceed the maximum amounts allowed as indicated above for Peripheral Retail
Parcels.
12. Phasing:
Phase 1 Phase 2 Total
G.L.A. G.S.F. G.L.A. G.S.F. G.L.A. G.S.F.
Mall 1,100,000 1,245,276 150,000 155,955 1,250,000 1,401,231
Peripheral Retail
Parcels 100,000 105,000 150,000 157,000 250,000 262,000
TOTAL 1,200,000 1,350,276 300,000 312,955 1,500,000 1,663,231
13. Parking-Parking will be provided at the rate of 1 space per 200 sq. ft. g.l.a. A
waiver has been requested (No. 5) to reduce the maximum required number of
spaces. Aisles will be 24 feet wide. Four police parking spaces will be reserved near
PUD Land Use Plan/Preliminary Site Plan/Preliminary Subdivision Plan
Lake Lotta Mall
January 18, 1995
Page 6
the police "substation" entrance and one space will be reserved at each major mall
entrance for police cars. The number and location will be determined at the time of
Final Site Plan Approval. Handicapped parking spaces will be provided consistent
with the Americans With Disabilities Act requirements in place at the time of Final
Site Plan Approval.
14. Internal Roads -Main circulation aisles, including the Inner Ring Road adjacent to
the Mall, will be 27 feet wide minimum. The Outer Ring Road will be 44 feet wide
and 33 feet wide as shown on Sheet 1 of the Land Use Plan. All access roads, the
Ring Roads and all other roadways within the Property as well as all parking and
other paved areas will be built to City standards except where expressly waived and
set for in the Waivers from Land Development Code list shown on Sheet 6 of the
Land Use Pan. All paved areas will be privately maintained as set forth in
Condition of Approval No. 2.
15. Impervious Area -Impervious areas will not exceed 70 percent of the gross land
area. The necessary recharge calculations with the Seasonal High Water
information will be performed by a registered geotechnical engineer and submitted
at Final Subdivision/Site Plan Approval.
16. Open Space-A minimum of 20 percent of the gross land area will be open space;
open space will include retention ponds,yards, landscaped areas, conservation areas
and preservation areas.
17. Cross Access Easements - Cross access easements will be provided over all access
roads, the Ring Roads, all other roadways within the Property, parking lots,
sidewalks, all other paved areas and all other common areas within the Property.
These easements will be addressed in the restrictive covenants and dedicated on the
plat and will be subject to the approval of the City.
18. Access Rights -Access rights to Clarke Road and.SR 50 will be dedicated to the City
of Ocoee at the time of platting, except at those access locations shown on the Land
Use Plan. The City may approve alternative locations. The signalized intersections
along Clarke Road shall correspond to access points to the adjacent Lake Lotta
Center project.
19. Lighting-Parking lot lighting will be directed away from existing single-family
residences. A lighting plan will be included with construction plans for City
approval. The Developer will be responsible for the installation and maintenance of
all parking lot and roadway lighting as well as the payment of monthly electric
charges associated therewith. Such lighting requirements will also be included in
the Declaration of Covenants, Easements and Restrictions. Light poles will not
exceed 40 feet in height.
PUD Land Use Plan/Preliminary Site Plan/Preliminary Subdivision Plan
Lake Lotta Mall
January 18, 1995
Page 7
20. Transit- Transit service provisions will conform to the Lake Lotta Mall DRI
Development Order. Paved pedestrian access and waiting areas will be provided.
Actual location of the stop to be determined in coordination with the City and
LYNX and will be indicated on the Final Subdivision/Site Plan. A designated Park
and Ride location and proposed transit facility locations are shown on Sheet 1 of the
Land Use Plan.
21. Pedestrian and Bicycle Facilities -Bicycle racks will be provided at Mall entrances
as shown on Sheet 1 of the Land Use Plan. Sidewalks are also shown on Sheet 1 of
the Land Use Plan. Existing sidewalks along Clarke Road will be replaced as
needed during construction. Bike paths will be provided to the extent the City has a
bike path system to which to connect.
22. Clearing Permits -No clearing permits shall be issued for site work or building
construction until a Tree Preservation Plan is approved and field inspected by the
City Forester.
23. Gopher Tortoise-Approval of this plan is subject to successful implementation of a
Gopher Tortoise Mitigation Program as specified in the Lake Lotta Mall DRI
Development Order. Notice of approval by the affected agencies will be provided to
the City prior to Final Subdivision Plan approval.
24. Traffic Signals - Existing traffic signal devices at the intersections of SR 50 and
Clarke Road, Clarke Road and White Road and any new traffic signals will be
upgraded by the Developer with the Oticom 500 series pre-emption system. This
type has been agreed upon by the Tri-County Traffic Signal Report as prepared by
Florida Department of Transportation,District 5.
All proposed traffic signalization and upgrade of the existing traffic signal at the
intersection of White Road and Clarke Road as shown on the Land Use Plan shall
be installed or upgraded by the Developer, at the Developer's sole cost and expense,
prior to issuance of any Certificate of Completion or Certificate of Occupancy. No
road impact fee or other credits will be provided in connection therewith.
Prior to approval of a Final Subdivision Plan for the Lake Lotta Mall PUD or any
portion thereof, the Developer and Lake Lotta,Ltd., shall enter into an agreement
which allocates between them 100% of the cost of traffic signalization and upgraded
signalization required in connection with the development of the Lake Lotta Center
PUD and the Lake Lotta Mall PUD, said agreement being subject to review and
approval by the City for consistency with the provision of this Condition. It is the
intent of the City that the Developer and Lake Lotta,Ltd. shall be jointly
responsible for 100% of the cost of traffic signalization required in connection with
PUD Land Use Plan/Preliminary Site Plan/Preliminary Subdivision Plan
Lake Lotta Mall
January 18, 1995
Page 8
the combined development of all phases of the Lake Lotta Center PUD and the Lake
Lotta Mall PUD.
25. Reclaimed Water-Reclaimed water/treated effluent will be used for irrigation of
landscaped areas when available. On-site dry reuse lines will be provided consistent
with City requirements.
26. All fire hydrants shall be painted OSHA yellow and a blue reflective marker shall be
placed in the center to indicate the location of each fire hydrant and the F.D.C. as
per fire department specifications. The proposed fire lanes for the Lake Lotta Mall
shall be marked on the pavement, continuously around the entire mall. The
hydrants and fire department connections shall also be duly marked. The signage is
to be at 50- to 75-foot increments and shall read as follows: "No Parking or
Standing in Fire Lane."
27. Stormwater Management System - The Lake Lotta Mall PUD stormwater
management system will provide for conveyance of drainage from off-site as
appropriate, but not for storage. Necessary easements for conveyance of off-site
drainage will be included in the Declaration of Covenants,Easements and
Restrictions,which will also contain cross-drainage easements to allow all parcels
within the Property to be served by and connect to the master stormwater drainage
system. All retention ponds adjoining Clarke Road and SR 50 will be designed to be
unfenced and will meet the requirements of the City's Land Development Code for
unfenced retention ponds.
28. Sight Triangles - Sight triangles as required by the Ocoee Land Development Code
will be provided at intersections.
29. Utilities- On-site water and sewer lines are to be owned and maintained by a
property owners association. The force main will be relocated by the Developer to
the Clarke Road right-of-way or another location suitable to the City if necessary in
the future at the Developer's sole cost and expense. Cross utility easements between
the lots within the Property will be included in the Declaration of Covenants,
Easements and Restrictions. All on-site utility lines, including electrical, cable T.V.
and telephone,will be placed underground.
30. All legal instruments including, but not limited to, the declaration of covenants,
easements and restrictions, property owners association documentation, easement
agreements, and warranty deeds conveying property to the City or property owners
association must be submitted to and approved by the City prior to approval of the
first plat for any portion of the Property unless a different timing is set forth in these
Conditions of Approval.
PUD Land Use Plan/Preliminary Site Plan/Preliminary Subdivision Plan
Lake Lotta Mall
January 18, 1995
Page 9
31. Lift Station:
(a) It is contemplated by the City and the Developer that sanitary sewer service
to the Property will be provided by means of a new lift station ("the New Lift
Station") which will (i) be designed and constructed to serve only the
Property ("Service Option #1"), or(ii) be designed and constructed to serve
only the Property and that portion of the Lake Lotta Center PUD designated
by the owner thereof in a timeframe compatible with the anticipated
construction schedule for such New Lift Station and the mall ("Service
Option #2"), or(iii) be designated and constructed as a "regional facility"
serving the Property, the portion of the Lake Lotta Center PUD designated
as aforesaid, if any, and other lands as determined by the City ("Service
Option #3). The Developer will determine which service option should be
pursued for the development of the Property. However, it is the preference
of the City that Service Option #3 be utilized if determined by the City to be
technically and economically feasible, provided that this shall not be
construed so as to negate any of the rights of election granted herein to the
Developer regarding the service option to be selected.
(b) In connection with the first final subdivision/site plan approval for the
Property or any portion thereof, the Developer will advise the City which
service option has been selected and the site of the New Lift Station. If the
Developer selects Service Option #3, then the Developer will also provide the
City with such information as may be reasonably necessary for the City to
evaluate the technical and economic feasibility of the City and the Developer
proceeding with Service Option #3. The information submitted shall include
a survey and legal description of the proposed site of the New Lift Station,
with such survey being prepared by a licensed Florida surveyor and certified
to the City and the owner of the Lake Lotta Center PUD. Within forty-five
(45) days of receipt of such information, the City will advise the Developer
and the owner of the Lake Lotta Center PUD whether the City intends to
proceed with Service Option #3, such decision being made by the City in its
sole and absolute discretion.
(c) If either the Developer or the City decide in their discretion against
proceeding with Service Option #3, then the Developer shall proceed, at its
option,with either Service Option #1 or Service Option #2 and in such event
(i) the New Lift Station (1) will be designed, engineered, permitted and
constructed by the Developer, at its sole cost and expense, (2)will be owned,
operated and maintained by the Developer or the Property owners
association at its sole cost and expense, and (3) will operate and function as a
private lift station, and (ii) the gravity sewer system and force main shown as
"dedicated" on the Land Use Plan (Sheet 3 of 14- Conceptual Utility Plan)
PUD Land Use Plan/Preliminary Site Plan/Preliminary Subdivision Plan
Lake Lotta Mall
January 18, 1995
Page 10
will be owned by the Developer and will not be dedicated to the City.
Notwithstanding anything in this Condition of Approval to the contrary,
either the Developer or the owner of the Lake Lotta Center PUD may elect,
at their sole discretion, to choose Service Option #1 individually, or jointly
choose Service Option #2.
(d) In the event the Developer elects to proceed with Service Option #2, then the
Developer and owner of the Lake Lotta Center PUD shall enter into such
agreement as they deem appropriate with respect to the design, engineering,
permitting, construction, operation and maintenance of the New Lift Station
to serve the Property and that portion of the Lake Lotta Center PUD as
designated by the owner thereof.
(e) In the event the Developer elects to proceed with Service Option #3 and the
City approves such service option as set forth in Subparagraph 31(b) above,
then in such event (and only in such event) the following provisions shall
apply:
(i) Sanitary sewer service will be provided to the Property by means of
the New Lift Station which will be constructed by the City. In such
case, the New Lift Station: (1) will be located at the site selected by
the Developer within the Property or the Lake Lotta Center PUD (the
"Lift Station Site"); (2) may, at the City's option, be planned and
physically sized to ultimately function as a regional pumping facility,
or be designed to serve only the Property and that portion of the Lake
Lotta Center PUD, if any, as requested by the owner of the Lake
Lotta Center PUD in a time frame compatible with the anticipated
construction schedule for both the mall and the New Lift Station as
set forth herein; (3)will be initially equipped with pumps and controls
to accommodate flows from the Property, that portion of the Lake
Lotta Center PUD designed by the owner thereof as aforesaid, and
current flow in the existing 12 inch force main (also known as the
Primary Interceptor Force Main); (4) may, at the City's option and
expense, be designed to accommodate additional flow from
undeveloped lands south and southwest of the Property (i.e., the
Worsham Property and the Ozanian Property) and additional off-site
flows from other existing or planned contributing areas as specified by
the City, by the modification or replacement of the initially installed
pumps and controls or by the installation of additional pumps and
controls; (5)will be designed by the City, at its expense, and reviewed
by the Developer and owner of the Lake Lotta Center PUD in
conjunction with the review and approval by the City of the first final
subdivision/site plan for the Property, such design of the New Lift
PUD Land Use Plan/Preliminary Site Plan/Preliminary Subdivision Plan
Lake Lotta Mall
January 18, 1995
Page 11
Station being subject to the reasonable approval of the Developer and
the owner of the Lake Lotta Center PUD; and (6) will be constructed
by the City with such construction to be completed within the later of
(i) one (1)year from the date a developer is issued a building permit
for a mall on the Property of at least 800,000 gross square feet, or(ii)
one(1)year from the date the New Lift Station Site is dedicated and
conveyed to the City.
(iii) Prior to or at the time a developer is issued a building permit for a
mall on the Property of at least 800,000 gross square feet or at such
later date as may be agreed to by the City, the Developer shall: (1)
dedicate and convey to the City if located within the Property (or
cause to be dedicated and conveyed if located within the Lake Lotta
Center PUD) the Lift Station Site by warranty deed in a form and
substance reasonably acceptable to the City, along with title
information evidencing the Developer's unencumbered ownership or
provision of appropriate releases; (2) convey, upon completion, to the
City the gravity sewer system and force main shown as "dedicated"
on the Land Use Plan (Sheet 3 of 14 - Conceptual Utility Plan); (3)
grant to the City such utility easements as the City may reasonably
determine to be necessary for the proper construction, operation,
repair and maintenance of the New Lift Station, said utility easements
to be in a form and substance reasonably required by the City; and
(4) grant to the City such access and construction easements as may
reasonably be needed to construct, operate, repair and maintain the
New Lift Station, said access and construction easements to be in a
form and substance reasonably required by the City.
(iii) In consideration of the City's agreement to design, engineer, permit
and construct the New Lift Station under Service Option #3, the
Developer shall pay to the City a sum of money equal to the sum of
money that the Developer would have paid to design, engineer, permit
and construct a new lift station and appurtenant facilities (including,
but not limited to, the pipelines connecting the New Lift Station to the
Primary Interceptor Force Main) serving only the Property, said
dollar amount to be mutually agreed upon between the City and the
Developer. Said payment shall be made by the Developer on or before
the date that a developer is issued a building permit for a mall on the
Property of at least 800,000 gross square feet. If the City and the
Developer cannot agree on the payment or if the City and the owner
of the Lake Lotta Center PUD cannot agree on the amount of
payment called for by Condition of Approval No. 50 of the Lake Lotta
Center PUD, then in either of such events, the City and/or the
PUD Land Use Plan/Preliminary,Site Plan/Preliminary Subdivision Plan
Lake Lotta Mall
January 18, 1995
Page 12
Developer may abandon Service Option #3 in which case the
Developer will proceed with either Service Option#1 or#2.
(f) The information provided in the Land Use Plan/Preliminary Plan sets forth
conceptual information regarding the New Lift Station, including a
conceptual location of the New Lift Station and various utility easements.
The conceptual information regarding the New Lift Station is subject to
revision in connection with final design of the New Lift Station and the first
final subdivision/site plan approval for the Property or any portion thereof.
(g) The Developer will construct all of the gravity sewer system shown as
"dedicated" on the Land Use Plan (Sheet 3 of 4- Conceptual Utility Plan), all
at the sole cost and expense of the Developer and without any impact fee
credits, capital charge credits or other credits.
(h) The Developer is hereby made a third party beneficiary to the provisions of
Condition of Approval No. 50 as set forth in the Land Use Plan for the Lake
Lotta Center PUD.
(i) The City and the Developer shall execute such further documentation, if any,
as may be necessary to implement the provisions of this condition of
approval.
32. The City will be granted an easement over all roads and parking areas for
emergency access purposes. Such easement is to be dedicated on the plat.
33. Any existing sidewalks damaged, removed, and/or relocated during construction of
this project shall be replaced to City standards by the Developer at the Developer's
sole cost and expense.
34. Any damage caused to Clarke Road as a result of construction activities related to
this project shall be promptly repaired to City standards by the Developer at the
Developer's sole cost and expense.
35. For the location of all existing features on the Property see Boundary Survey
included in the Land Use Plan.
36. The Project will be developed in accordance with the requirements set forth in
Tables 1 through 4 inclusive shown on Sheet 1 of the Land Use Plan and also
attached hereto.
37. At no cost to the City, the Developer shall provide for a community room space
within the interior of the Mall consistent with the requirements of the City.
PUD Land Use Plan/Preliminary Site Plan/Preliminary Subdivision Plan
Lake Lotta Mall
January 18, 1995
Page 13
38. Access to Lake Lotta Center Multi-Family Parcel:
(a) Ownership of Parcel 7 (Multi-Family Road) shall be retained by Lake Lotta,
Ltd. for the benefit of the Lake Lotta Center PUD multi-family parcel located
adjacent thereto and east of the Property. Prior to approval of a plat for any
portion of the Property or upon request of the City, the Developer shall grant
to Lake Lotta, Ltd. an access, drainage and utility easement for the benefit of
the Lake Lotta Center PUD multi-family parcel, all in a form and content
which is subject to the prior review and approval of the City. Recorded
copies of the easement shall be delivered to the City. The access, drainage
and utility easement shall include but not be limited to the following: (a)
access from SR 50 to Parcel 7 shall be across the Mall's entry road as shown
on the Land Use Plan; (b) the Easement must grant sufficient rights so that
when combined with Parcel 7 the Multi-family parcel has insurable access;
(c) the rights and privileges granted by the Developer to Lake Lotta, Ltd.
must allow for the construction of a roadway adequate to allow for the
development of the multi-family parcel; (d) provision must be made for all
utilities necessary to serve the multi family parcel in accordance with all
applicable City standards; (e) sufficient rights must be granted to
accommodate all drainage from Parcel 7 and the entry road; (f) maintenance
of the easement parcel and related retention areas must be addressed; and (g)
Lake Lotta,Ltd. will be responsible for the construction of the road and all
utilities within Parcel 7 and for the maintenance thereof.
(b) Drainage from Parcel 7 will be addressed in the Final Subdivision Plan for
the Property and must be acceptable to the City. If compliance with this
condition conflicts with Basin 4 (Pond #302) and Basin 1 (Pond #110) as
depicted on Sheet SP1 of the Land Use Plan, then the Developer shall as part
of the final subdivision plan revise Basins 1 and 4 so as to allow for
compliance with this condition.
(c) A metes and bounds legal description (including survey or sketch of
description) of the portion of the entry road from State Road 50 to Parcel 7
shall be provided to the City prior to final subdivision plan approval.
Similar legal descriptions should be provided for any necessary utility
easements.
(d) The City may require that Parcel 7 be platted as part of the overall project.
The City may require that the owner of Parcel 7 and the holders of any
mortgages on Parcel 7 join in and consent to the plat of the Property.
(e) The Developer acknowledges that the City approval of the Land Use Plan
does not constitute approval of Parcel 7 and the configuration thereof and
PUD Land Use Plan/Preliminary Site Plan/Preliminary Subdivision Plan
Lake Lotta Mall
January 18, 1995
Page 14
that such review will be undertaken by the City as part of the Final
Subdivision Plan review.
39. City Police-At no cost to the City, space will be provided within the Mall for a
"substation" for the City of Ocoee Police Department.
40. In order to promote an aesthetically pleasing identification system for the project,
the Developer will prepare for review and approval by City an architecturally
integrated signage program which specifies the height, size, location and number of
signs to be placed within the entire project. It is the intent of this Condition of
Approval that the signage program will provide for a higher quality standard of sign
control than that found in the City's Land Development Code. Said signage
program will be included as part of the Final Subdivision/Site Plans submission for
the initial retail phase of any development occurring within the project.
41. Cross Access from Adjoining Parcels -A cross access easement will be provided by
the Developer from Parcel A to the adjacent parcel (the Ozanian Property) not
owned by the Developer if agreed to by the owner of the Ozanian Property or
otherwise required by the City. The City may require the granting of the cross
access easement prior to the development of Parcel A.
An easement for a shared access drive will be provided from Parcel B to the
adjacent parcel (the Worsham Property) not owned by Developer if agreed to by the
owner of the Worsham Property or otherwise required by the City. The City may
require the granting of the easement for a shared access drive prior to the
development of Parcel B. Any such easement shall also provide for cross access
between the Worsham Property and Parcel B.
42. Developer-All references in the Conditions of Approval to "Developer" refer to
Homart Development Co., a Delaware corporation, its successors and assigns. At
the time of approval of the Land Use Plan, the Property is owned by Lake Lotta,
Ltd., a Florida Limited Partnership,which shall be bound by the Land Use Plan,
including the Conditions of Approval, until such time as Lake Lotta,Ltd. conveys
fee simple to all of the Property except for Parcel 7,which will be retained by Lake
Lotta, Ltd.
43. A master water meter capable of accurately metering low and high flows and
passing fire flows must be installed at the connection to the City's water system at
Clarke Road and at SR 50. Both locations must be equipped with approved double-
check valve back flow devices. The City will send one monthly water/wastewater bill
to the Developer unless the Developer requests that the one monthly bill be sent to
the property owners association instead of the Developer and the association agrees
PUD Land Use Plan/Preliminary Site Plan/Preliminary Subdivision Plan
Lake Lotta Mall
January 18, 1995
Page 15
to pay such bill. Any on-site sub-metering will be installed, owned and maintained
by the Developer or property owners association, at their expense.
44. Sheet 14 of 14 of the Land Use Plan reflects the conceptual drainage plan for the site
as submitted to the SJRWMD and does not match the Land Use Plan and
Preliminary Subdivision/Site Plan. All necessary modifications to the conceptual
drainage plan to meet the requirements of the City Land Development Code and to
be consistent with the Land Use Plan and Preliminary Subdivision/Site Plan will be
made upon Final Subdivision/Site Plan submittal.
45. All references in these Conditions of Approval to "the Property" shall refer to those
lands which are the subject of the Lake Lotta Mall PUD and are more particularly
described on Sheet 7 of the Land Use Plan.
PUD Land Use Plan/Preliminary Site Plan/Preliminary Subdivision Plan
Lake Lotta Mall
January 18, 1995
COMPOSITE EXHIBIT "C"
TABLE '1 -PARCEL BUILDING SIZE&OWNERSHIP
PARCEL • ACREAGE USEIZE(C.L AJG mAxSIZE(GING
GSff PROPOSED 01tNERSH IP
I 11.3 ANCHOR 'I 195,165 201,201 ANCHOR 'I
2 8.0 ANCHOR '2 160.362 _ 165,695 ANCHOR '2
3 10.2 ANCHOR '3 204,328 211.031 ANCHOR '3
4 7.9 ANCHOR '4 174.600 179,339 _ ANCHOR '4
5 6.6 FUTURE STORE 90,147 93,045 DEVELOPER
5 27.79 MALL (INCL THEATER) 425,398 550,920 DEVELOPER
TOTAL WITHIN
EEX EXTERIOR 71.79 1,250,000 1,401,231
DIGRO5 11.4 BASIN '1 - - DEVELOPER
5 5.37 BASIN '2 - - DEVELOPER
5 2.7 BASIN '3 _ - - DEVELOPER
5 3.7 BASIN '4 - - DEVELOPER
TOTAL 23.1
BASINS
A 9.9 OUTPARCEL 'A' 130.740 137,016 SUBDIVIDED BY USERS -
B-1 2.04 OUTPARCEL '8-1' 48,125 50,435 SUBDIVIDED BY USERS-
8-2 3.0 OUTPARCEL'8-2' 33,600 35.213 SUBDIVIDED BY USERS
C 1.0 OUTPARCEL•C• 9.538 9,996 SUBDIVIDED BY USERS
0-1 0.6 OUTPARCEL'0-1' 5.176 5,424 SUBDIVIDED BY USERS
0-2 1.5 OUTPARCEL'0-2' 13.007 13.631 SUBDIVIDED BY USERS
2A 1.4 ANCHOR '2 AUTO 9.814 10,285 ANCHOR '2
8-IA 1.36 TRANSIT STATION - - LYNX
TOTAL 20.9 250,000 262,000
OUTPARCELS
5 l t.31 (4) ACCESS RDS&
- - DEVELOPER
EXT.RING ROAD
7 1.3 mit I-FAIILY ROAD - - LAKE LOTTA.LTD.
TOTAL 12.7
ROADWAYS
8 1.25 R.0.W.-C1.ARKE ROAD - - CITY OF OCOEE
9 0.38 R.O.W.-SR.50 - - CITY OF 000EE
TOTAL R.O.W. 1.63
DEDICATION
GRAS 130.0 1500.000 1.663.231
TOTAL
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EXIMMT D
WAIVERS FROM LAND DEVELOPMENT CODE
REQUESTED BY DEVELOPER
Waiver LDC Requirement Waiver
(Code Section) Requested
1 Minimum size of each parking Reduce minimum size of each parking
space: 9' x 20' [Section 6-4.H(1)] space to 9' x 18'. Note: aisle will be
increased from min. required width of
22' to 24'.
2 Minimum side and rear building Reduce minimum side and rear
setbacks: 25' [Section 4-5.M(3)] setbacks to 0' for mall anchor parcels
and mall building.
3 Maximum distance from principal Increase maximum distance to 600'.
entrance to parking on a separate
lot: 400' [Section 6-4.D]
4 Minimum travel lane width: 12' Reduce minimum travel lane width to
[Section 6-3.C] 11' for internal roads except entry
roads which will have 12' min. lane
widths.
5 A total of 7,623 parking spaces are Reduce the required number of
required. [Section 6-4.G(6)(h)] parking spaces to 7,500.
6 Tree survey information applies to Waive applicability for areas outside
all protected trees [Sections 6- of designated tree protection areas.
10.B(2)(C) and 6-10.8 (1)(e)J
7 Replace all protected trees at a 4 to 1 Waive requirement in recognition of
ratio [Section 6-10.B(4)(a)] the level of tree preservation and entry
improvements.
8 Specifications for landscaping of Waive specifications, approval to be
vehicular use areas [Section 6- based on overall plan.
10.D(1)(b)]
9 A continuous berm is required Waive berm to allow a hedge with a
around all paved areas and fenced minimum height of 6 ft. in lieu of
ponds. [Section 6-10.I(5)(b)] berm.
10 Maximum height of 6 ft. for Increase to 7 ft. for wall adjacent to
screening walls. [Section 6-10.I(7)(c)] Rose Hill Subdivision.
PUD Land Use Plan/Preliminary Site Plan/Preliminary Subdivision Plan
Lake Lotta Mall
January 18, 1995
J
f
11 Hedge required along screening Eliminate hedge requirement. Oak
walls. [Section 6-10.I(7)(c)] trees at 50' spacing and 4'-6' high pine
trees at 6' spacing will be provided.
12 Minimum of 50% of trees in interior Reduce requirement to 40%.
landscaped areas required to be of a
large shade variety. [Section 6-
10.I(5)(c)]
13 Open space required at 20% of net Change required open space to 20%
land area (109.5 net acres z 20% = gross land area (130 gross acres x 20%
21.9 acres of required open space) =26 acres) and allow the inclusion of
[Section 4-5.M(2)]. Note: Fenced all retention ponds in acceptable open
retention ponds and conservation space.
not included in net land area or open
space definition.
14 Ponds with fences required to have a Reduce minimum required berm
maintenance berm with a minimum width to 12 feet.
width of 20 ft. [Section 6-7.B(g) 2]
PUD Land Use Plan/Preliminary Site Plan/Preliminary Subdivision Plan
Lake Lotta Mall
January 18, 1995