HomeMy WebLinkAboutItem V (A) - Public Hearing - Developement Agreement with Silverstri Investments of Florida, Inc (Prairie Lake) Agenda 4-16-91
Item V A
FOLEY & LARDNER
III NORTH ORANGE AVENUE, SUITE 1800
ORLANDO, FLORIDA 32801-2386
TELEPHONE (407) 423-7656
FACSIMILE (407) 648-1743
TAMPA, FLORIDA
MAILING ADDRESS: MILWAUKEE, WISCONSIN
JACKSONVILLE, FLORIDA POST O ,FICE BOX 2193 MADISON, WISCONSIN
TALLAHASSEE, FLORIDA ORLAND , FL 32802-2193 WASHINGTON, D.C.
WEST PALM BEACH, FLORIDA I ALEXANDRIA, VIRGINIA
ANNAPOLIS, MARYLAND
MEMORANDUM A April 12 , 1991 CHICAGO, ILLINOIS
TO The Honorable Mayor and City Commission of the City of Ocoee
FROM : Paul E. Rosenthal, Esq. , City Attorney
RE Prairie Lakes PUD/Clark Road/Proposed Development Agreement
with Silvestri Investments of Florida, Inc.
The City Attorney and the City Staff have previously recommended
that the City Commission approve the proposed Amendment to Land
Use Plan for Prairie Lakes PUD, along with the Conditions of Ap-
proval related thereto, and Ordinance No. 90-52 rezoning certain
real property located north of Hackney-Prairie Road which is cur-
rently a portion of the Prairie Lakes PUD. This recommendation
has been made subject to the execution of an acceptable Develop-
ment Agreement relating to the extension of Clark Road from A.D.
Mims north to Clarcona-Ocoee Road. In the absence of a commit-
ment from Silvestri Investments of Florida, Inc . ( "the Developer")
to so extend Clark Road, the City Staff would recommend denial
of the Developer ' s application due to a lack of a satisfactory
transportation system to support the proposed development ("the
Developer' s Project") .
We have been working for many months to reach an agreement which
would accomplish the objectives of both the City and the Develop-
er. Throughout this process the Developer has been willing to
extend Clark Road through the Developer ' s property so long as
the agreement made economic sense in light of current market con-
ditions . The current Development Conditions affecting the Prairie
Lakes PUD call for a phased construction of Clark Road with the
Developer paving 4 lanes and receiving impact fee credits for 2
lanes of paving within the original Phase II of the Project. How-
ever, these Development Conditions are inconsistent with the cur-
rent Clark Road Corridor, do not appear to address the extension
of Clark Road beyond Hackney-Prairie Road, and do not provide a
timetable for completion of the roadway. These conditions are
similar to others along Clark Road which we ultimately found to be
unworkable. Our goal has been to rework this existing Development
Conditions and create a situation equivalent to the policy of the
City with respect to other developers along Clark Road. To this
end, we sought to have the Developer, at its own expense, extend
Clark Road on a timetable acceptable to the City in exchange for
Road Impact Fee Credits associated with the cost of the design,
engineering, permitting and construction thereof . The donation
•
The Honorable Mayor and City
Commission of the City of Ocoee
Prairie Lakes PUD/Clark Road
Page Two April 12 , 1991
of all right-of-way and easements, without Road Impact Fee Cre-
dits, was also a key element. The objective included the com-
pletion of Clark Road from State Road 50 north to Clarcona-
Ocoee Road without advancing substantial sums of money or is-
suing additional bonds. We also sought to impose the construc-
tion obligation on the Developer in order to reduce the admin-
istrative and legal burden on the City.
We have now reached an agreement with the Developer which ac-
complishes these objectives and allows the City Commission to
proceed with the public hearings to consider approval of the
Developer ' s rezoning applications .
Attached hereto is a proposed Development Agreement between the
City and Silvestri Investments of Florida, Inc . The Development
Agreement is a lengthy and somewhat complex document. The fol-
lowing are highlights which should assist you in your review
and consideration of the document:
(1) The Developer, at its sole cost and expense, will
design, engineer, permit and construct Clark Road
from A.D. Mims Road north to Clarcona-Ocoee Road.
This segment of Clark Road will be constructed as
a four-lane divided urban arterial highway from
A.D. Mims Road north for a distance of 1,000 feet.
Thereafter, only the eastern two lanes (along with
a half median) of Clark Road will be constructed to
Clarcona-Ocoee Road.
(2) The Developer will be obligated to commence construction
of Clark Road no later than the earlier of (i) February 5 ,
1996, or (ii) the date the Developer applies for a build-
ing permit for any portion of the Developer' s Property.
(3) Upon completion by the Developer of its segment of
Clark Road, the roadway, along with land for future
four-laning and all related retention ponds, will
be dedicated to the City.
(4) There is one segment of the Clark Road Extension between
the northern boundary of the Developer' s Property and
Clarcona-Ocoee Road which is not owned by the City.
This is a 4 .769 acre parcel owned by Richard and Louise
Woodbery. It will be the responsibility of the City to
acquire this additional right-of-way, at the City's ex-
pense, within 14 months of the date the Developer com-
The Honorable Mayor and City
Commission of the City of Ocoee
Prairie Lakes PUD/Clark Road
Page Three April 12 , 1991
mences construction of the Clark Road extension;
otherwise, the Developer would only be obligated to
extend Clark Road to the northern boundary of its
property. This acquisition would be funded from
either the Road Impact Fee Fund or the Clark Road
Bond Issue proceeds .
(5) The City would be obligated, at the City' s expense, to
design, engineer, permit, and construct as a rural 2-lane
roadway the segment of Hackney-Prairie Road which runs
through the Developer 's Property and is part of the
Prairie Lakes PUD. This would be funded from the Road
Impact Fee Fund and construction would commence no
later than 8 months after the Developer commences con-
struction of Clark Road. The Developer would donate
to the City a 100 foot right-of-way and all retention
ponds and easements . The Developer would also be re-
leased of its obligation to fund 1/3 of the costs (up
to a maximum of $54 ,000 .00) of extending Hackney-Prairie
Road to Apopka-Vineland Road and the City would fund
any resulting shortfall from the Road Impact Fee Fund.
Originally, the Staff sought to impose on the Develop-
er all of the obligations related to Hackney-Prairie
Road. However, neither timing nor financing worked for
either party. The agreed upon trade-off was that the
Developer would construct Clark Road from its northern
boundary to Clarcona-Ocoee Road (on lands which are
not part of the Developer' s Project) and the City
would assume the obligations associated with Hackney-
Prairie Road.
(6) All retention ponds related to the roadway will be con-
veyed to the City subject to the right of the Developer,
at its sole cost and expense, to expand such ponds in
order to accommodate development of all or a portion of
the Developer ' s Property. Any such expanded ponds would
be dedicated to the City which would have maintenance
responsibility with respect thereto. The City would
not be obligated to maintain any retention ponds which
are primarily designed to to serve the Developer' s
Property rather than Clark Road and Hackney-Prairie
Road.
The Honorable Mayor and City
Commission of the City of Ocoee
Prairie Lakes PUD/Clark Road
Page Four April 12 , 1991
(7) The Developer is also required to design, engineer,
permit, construct and install certain "Intersection
Improvements" at designated intersections impacted
by the development of the Developer ' s Property.
These requirements are essentially the same as those
imposed under the existing Development Conditions .
(8) The Road Impact Fee Ordinance expressly authorizes
the City Commission to enter into Developer Agree-
ments which provide for alternative Road Impact Fee
schedules or allow the waiver of Road Impact Fees
in consideration of equivalent transportation im-
provements . Section 7 of the Development Agreement
approves an alternative schedule which is the same
as the current schedule. In effect, the Developer
will not be subject to any future increases in the
Road Impact Fees . If Road Impact Fees subsequently
increase, the City would not be able to claim the
benefit of both a complete3Clark Road and the incre-
mental increase in Road Impact Fees .
(9) The Developer will be entitled to receive Road Impact
Fee Credits for the actual cost of designing, engineer-
ing, permitting and constructing Clark Road (including
certain design and engineering costs associated with
Hackney-Prairie Road which has previously been incur-
red by the Developer) . Additionally, the Developer
will receive Road Impact Fee Credits in connection
with the actual cost related to certain intersection
improvements and for the fair market value of retention
pond lands designed to exclusively serve the dedicated
roadways, rather than the Developer' s Property. No cre-
dits would be granted for the costs associated with the
conveyance of the right-of-way. Also, the total cre-
dits would not exceed the amount of Road Impact Fees
assessed pursuant to the Alternative Road Impact Fee
Schedule. It is expected that the money to be expend-
ed by the Developer will exceed the Road Impact Fees
which would, at today' s rates, otherwise be collected
in connection with the development of the Developer' s
Property. The net effect is that the Developer will
build the Clark Road extension and it is unlikely
that the development of the Developer' s Property will
generate any cash into the Road Impact Fee Fund.
The Honorable Mayor and City
Commission of the City of Ocoee
Prairie Lakes PUD/Clark Road
Page Five April 12 , 1991
(10) In the event the Developer fails to commence con-
struction of the Clark Road extension by February 5 ,
1996, then the Developer would remain obligated to
build the roadway, but would not be entitled to any
Road Impact Fees in connection therewith. Under
certain circumstances, the deadline could be ex-
tended for up to 6 months . Malfeasance, misfeasance
or non-feasance by the City or other governmental
entities could further extend this deadline . This
is a key enforcement provision and creates a sig-
nificant monetary incentive for the Developer to
complete Clark Road in a timely manner. However,
this does not create an absolute guarantee that the
time schedule for the Clark Road extension will be
met. We explored options involving the posting of
bonds or a letter of credit or the imposition of
liens on the Developer' s Property, but these options
were not economically viable under current market
conditions .
(11) The City is agreeing that the Development Agreement
satisfies all off-site transportation concurrency
requirements. Accordingly, the City could not re-
fuse to issue a development permit based on trans-
portation concurrency issues unless there is a
judicial determination or administrative order
issued which prevents the City from issuing a de-
velopment permit. The Developer has indemnified
the City in the event of any challenge to this de-
termination by the City.
(12) No building permit will be issued with respect to any
portion of the Developer ' s Property until the Develop-
er has commenced construction of the Clark Road ex-
tension. No Certificate of Occupancy will be issued
until the Developer has completed construction of
the Clark Road extension and the City has accepted
the dedication. However, the Developer may ,.obtain
a Certificate of Occupancy by posting a cash or
surety bond or a letter of credit. These provisions
are also critical elements to the enforcement package
which encourages timely completion of the roadway.
The Honorable Mayor and City
Commission of the City of Ocoee
Prairie Lakes PUD/Clark Road
Page Six April 12 , 1991
(13) Subject to certain curative periods, either party
may enforce the Development Agreement by specific
performance .
(14) The Development Agreement also approves the Land
Use Plan and Conditions of Approval for the Prairie
Lakes PUD. The Land Use Plan and Conditions of Ap-
proval would control over any contrary provisions
of the Subdivision Regulations except for those re-
lated to storm water management.
RECOMMENDATION:
It respectfully is recommended that the City Commission approve
the proposed Development Agreement between the City and Silvestri
Investments of Florida, Inc . authorizing execution thereof by
the Mayor and City Clerk. The City Manager and Planning Director
concur with this recommendation.
CAJ
Paul E. Rosenthal
per/etb
enclosure
Carbon copy with enclosure to:
Mr. Ellis Shapiro, City Manager
Mr. Bruce Behrens, Planning Director
Warren E. Williams, Esq.
Mrs . Jean Grafton, City Clerk
DEVELOPMENT AGREEMENT
THIS DEVELOPMENT AGREEMENT ("this Agreement") is made
and entered into this the day of , 1991 ("the
Effective Date") by and between SILVESTRI INVESTMENTS OF FLORIDA,
INC. , a Florida corporation, (hereinafter referred to as the
"Developer") and the CITY OF OCOEE, a Florida municipal corporation
(hereinafter referred to as the "City") .
WITNESSET H:
WHEREAS, the Developer owns fee simple title to certain
land located in the City of Ocoee, Orange County, Florida, said
land being more particularly described in Exhibit "A" attached
hereto and by this reference made a part hereof (hereinafter
referred to as "Parcel A") ; and
WHEREAS, the Developer also owns fees simple fee title
to certain land located in the City of Ocoee, Orange County,
Florida, said land being more particularly described in Exhibit
"B" attached hereto and by this reference made a part hereof
(hereinafter referred to as "Parcel "B") ; and
WHEREAS, Parcel A and Parcel B are contiguous parcels
of land and are sometimes hereinafter cumulatively referred to
as "the Property" or "the Prairie Lakes PUD"; and
WHEREAS, the Property is currently zoned PUD, Planned
Unit Development, by the City and Parcel A has been approved by
the City for development in accordance with a certain Preliminary
Master Plan, dated September 25, 1986, ("the Preliminary Master
Plan") such development being subject to certain conditions of
approval imposed by the Ocoee City Commission on December 9, 1986;
and
* * * * * * * * * * * * * * * * * * * * * *
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
WHEREAS, the Developer has petitioned the City for an
amendment to the Preliminary Master Plan and conditions of approval
as it relates to Parcel A ("the Parcel A Petition") ; and
WHEREAS, the Developer has also petitioned the City to
rezone Parcel B from PUD to R-1-A, Single-Family Dwelling District,
and C-1, Neighborhood Shopping District ("the Parcel B Petition") ;
and
WHEREAS, the provisions of Section 13 .4 (5) of Chapter IV
of Appendix "A" of the Ocoee City Code relating to Planned Unit
Developments requires that the approval of a Land Use Plan be
made subject to prescribed Conditions of Approval and further
subject to a Development Agreement incorporating all plans and
conditions of approval by reference; and
WHEREAS, the City and the Developer have agreed that the
completion of the Clark Road Improvements (as hereinafter defined)
is an essential precondition to the development of the Property
in accordance with the zoning approvals requested in the Parcel A
Petition and the Parcel B Petition; and
WHEREAS, the City would not approve the Parcel A
Petition or the Parcel B Petition but for the Developer's
execution of this Agreement; and
WHEREAS, the City has on April 16, 1991 approved the
Parcel A Petition and the Parcel B Petition, subject to the exe-
cution of this Development Agreement as required by the Ocoee
City Code; and
WHEREAS, the Parcel A Petition and the Parcel B Petition
have been approved by the City in material reliance upon the
commitments of the Developer to comply with the provisions of
this Agreement which the City deems essential for the development
of the Property in a manner consistent with the Ocoee Comprehensive
Plan; and
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'WHEREAS, the Developer has executed this Agreement and
agreed to the commitments set forth herein in material reliance
upon the City's approval of the Parcel A Petition and the Parcel
B Petition and the agreement of the City to comply with the
provisions of this Agreement; and
WHEREAS, the Developer would have not entered into this
Agreement had the City not agreed (1) to the granting of certain
impact fee credits as more particularly set forth in this
Agreement, which credits are subject to the terms, conditions and
limitations set forth in this Agreement, and (2) to the completion,
at the City's expense, of certain improvements to a portion of
Hackney-Prairie Road, as more particularly set forth in this
Agreement; and
WHEREAS, approval by the City of the Parcel "A"
Petition and the Parcel "B" Petition will be consistent with the
1979 City of Ocoee Comprehensive Plan as set forth in Ordinance
No. 719, adopted April 15, 1980 and the Preliminary Submittal
Document for the 1991 Ocoee Comprehensive Plan approved for
transmittal to the Florida Department of Community Affairs at a
public hearing of the Ocoee City Commission held on December 4 ,
1990.
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 are incorporated herein by reference.
Section 2. Land Use Plan Approval - Parcel A.
(A) Pursuant to the provisions of Chapter 13 of Appendix A
of the Ocoee City Code, the City hereby approves with respect to
Parcel "A" that certain Land Use Plan, dated August 5, 1985, as
revised through April 12 , 1991, and as prepared by Glatting, Lopez,
Kercher, Anglin under Project No. 3492 . 01, said Land Use Plan
being incorporated herein by reference and made a part hereof
("the Land Use Plan") , subject to those certain Conditions of
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Approval, adopted by the Ocoee City Commission on April 16, 1991,
a true copy of said Conditions of Approval being attached hereto
as Exhibit "C" and by this reference made a part hereof ("the
Conditions of Approval") .
(B) The Developer hereby agrees that Parcel A shall be
developed in accordance with and is made subject to the Land Use
Plan and the Conditions of Approval.
(C) The Developer acknowledges and agrees that number
of dwelling units and the commercial square footage set forth in
the Land Use Plan is the maximum number of dwelling units and
the maximum commercial square footage that may be developed on
Parcel A. The actual number of dwelling units and the actual
commercial square footage shall be determined at the time of
approval of the Development Plan for Parcel A, or any phase
thereof; provided, however, that the Developer shall be entitled
to develop Parcel A with the number of dwelling units and the
commercial square footage set forth on the Land Use Plan so long
as the Developer and the Development Plan comply with all other
applicable provisions of this Agreement, the Land Use Plan and
the Conditions of Approval.
(D) In the event of any conflict between the Land Use
Plan and the Conditions of Approval, the terms of the Conditions
of Approval shall prevail. In the event of any conflict between
this Agreement and the Land Use Plan and/or the Conditions of
Approval, the terms of this Agreement shall prevail.
Section 3. Developer's Clark Road Segment.
(A) Subject to the terms and conditions of this
Agreement, the Developer hereby agrees, at the Developer's sole
cost and expense, to design, engineer, permit and construct the
Clark Road Improvements (as hereinafter defined) on that certain
proposed roadway known as "Clark Road" lying between A.D. Mims
Road and Clarcona-Ocoee Road, said proposed roadway being over
and across those certain lands described in Exhibit "D" attached
hereto and by this reference made a part hereof (hereinafter
referred to the "Developer's Clark Road Segment") .
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(B) The Developer's Clark Road Segment shall be
designed, engineered, permitted and constructed as a four-lane
divided urban arterial highway, all in accordance with the Clark
Road Engineering Report, dated August 5, 1990, as prepared by
Professional Engineering Consultants, Inc. , said report being
incorporated herein by reference and made a part hereof ("the
Engineering Report") , except that:
(1) Clark Road will be permitted and constructed
by the Developer as a four-lane divided urban arterial highway
with a full median only from A.D. Mims Road north along the
Developer's Clark Road Segment for a distance of 1, 000 feet.
(2) The Developer will be required to permit and
construct only the eastern two lanes of Clark Road with a
half median on the balance of the Developer's Clark Road
Segment to Clarcona-Ocoee Road; provided, however, that
nothing contained herein shall be construed to obligate the
City to, at any time, construct or cause to be constructed
the proposed western two lanes of Clark Road on the Developer's
Clark Road Segment.
(3) The design for the Developer's Clark Road
Segment shall include the design and location of retention
ponds adequate for the ultimate construction of Clark Road as
a four-lane divided urban arterial highway on the Developer's
Clark Road Segment; provided, however, that such retention
ponds may be incorporated into the retention ponds necessary
for the development of the Property as more fully set forth
in Section 5 hereof.
The design, engineering, permitting and construction of the Deve-
loper's Clark Road Segment in accordance with the Engineering
Report is hereinafter collectively referred to as "the Clark Road
Improvements". For the purposes of this Agreement, all references
to the "Clark Road Improvements" shall be deemed to include the
following: (i) landscaped medians consistent with the landscaping
of Clark Road from State Road 50 north to A.D. Mims Road, such
landscaping to be acceptable to the City for maintenance purposes,
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provided, however, that (a) a full median will be constructed
only on the 4-lane portion of the Developer's Clark Road Segment;
(b) only the eastern half of the median will be constructed along
the balance of the Developer's Clark Road Segment, with said half
median being a median with concrete curb and grass; and (c) the
landscaping will be low maintenance (sod and bushes) without
irrigation (but with sleeves for future irrigation) ; (ii) sidewalks
five (5) feet in width to be constructed along both sides of Clark
Road if constructed by the Developer, provided, however, that
this shall not be construed to require the Developer to construct
sidewalks except to the extent set forth in the Land Use Plan and
the Conditions of Approval ; (iii) the railroad crossing at the
intersection of Clark Road and A.D. Mims Road; (iv) all retention
ponds required in connection with the Developer's Clark Road
Segment, except for such portion of said retention ponds as are
oversized or otherwise designed to serve primarily as retention
for the Property; and (v) all design, engineering and professional
work performed by the Developer with respect to the Developer's
Clark Road Segment (and the Developer's Hackney-Prairie Road
Segment) prior to the date of this Agreement in the amount of
$ through , 1991.
(C) All plans and specifications related to the Clark
Road Improvements shall be subject to the prior written approval
of the City, which approval will not unreasonably be withheld
("the Approved Clark Road Plans") . The Clark Road Improvements
on the Developer's Clark Road Segment shall be designed, engi-
neered, permitted and constructed in accordance with the Approved
Clark Road Plans; provided that, so long as the design and
engineering plans comply with the Engineering Report previously
approved by the City, the City shall be required to approve the
same unless good cause is shown by the City as to why approval
should not be granted.
(D) All contracts entered into by the Developer related
to the Clark Road Improvements shall be subject to the prior
written approval of the City, which approval will not unreasonably
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be withheld ("the Approved Clark Road Contracts") . The Developer
and the City will coordinate and cooperate with each other in
connection with the Developer's contracting for the Clark Road
Improvements. The Developer will use its best efforts to enter
into such contracts on the best price and terms available. If
the estimated costs to be paid by the Developer for the Clark
Road Improvements are above those costs customarily being charged
in Orange County for similar services, then the City may require
that the Developer seek competitive bids for the Clark Road
Improvements or any portion thereof. In the event the City elects
to require that the Developer seek competitive bids as aforesaid,
then the Developer, at its option, may decide not to seek competi-
tive bids in which case the Road Impact Fee Credits, as set forth
in Section 8 hereof, for such portion of the Clark Road Improvements
shall be the lesser of (i) the actual cost of such portion of
the Clark Road Improvements, or (ii) the amount which the City
reasonably determines to be the costs customarily charged in
Orange County for similar services.
(E) The Developer shall commence construction of the
Clark Road Improvements on the Developer's Clark Road Segment in
accordance with the Approved Clark Road Contracts no later than
the earlier of (i) February 5, 1996, or (ii) the date that the
Developer applies for a building permit for any portion of the
Property; provided, however, that notwithstanding the foregoing,
the Developer shall not be obligated to commence construction as
aforesaid prior to six (6) months after the date of the opening
by the City of Clark Road from State Road 50 north to A.D. Mims
Road. Once the Developer has commenced construction of the Clark
Road Improvements on the Developer's Clark Road Segment, the De-
veloper shall proceed with due diligence to complete the Clark
Road Improvements in a timely manner in accordance with the
Approved Clark Road Plans.
(F) Except as provided in Section 3 (H) hereof, it is
specifically agreed that no building permit will be issued with
respect to any portion of the Property until such time as the
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Developer has commenced construction of the Clark Road Improve-
ments on the Developer's Clark Road Segment in accordance with
the Approved Clark Road Plans and pursuant to the Approved Clark
Road Contracts.
(G) Upon completion of construction of the Clark Road
Improvements on the Developer's Clark Road Segment in the manner
set forth in this Agreement, the Developer agrees as follows:
(1) The Developer shall, at no cost or expense to
the City, convey to the City marketable, fee simple title to
(i) those lands described in Exhibit "E" attached hereto and
by this reference made a part hereof (hereinafter referred to
as the "Roadway Land") , and (ii) those lands constituting
such retention ponds as are necessary in connection with the
construction and maintenance of the Clark Road Improvements,
said retention ponds being located within the Property ("the
Clark Road Retention Pond Lands") . Such conveyances shall be
by special warranty deed free and clear of all liens and en-
cumbrances, except for easements of record, if any, this
Agreement and the Conditions of Approval. At the time of
such conveyances (i) the Developer shall pay any recording
fees and documentary stamp taxes relating to or resulting
from the transfer of title to the City of the Clark Road Land
and the. Clark Road Retention Pond Lands, and (ii) real pro-
perty taxes in connection with the conveyances shall be pro-
rated as of the day before the acceptance of the conveyances
by the City and the prorated amount shall be paid by the
Developer and shall be escrowed in accordance with the pro-
visions of Section 196.295, Florida Statutes. The Developer
shall not be required to pay any costs, expenses or taxes
which may be due in connection with the acquisition by the
City of the "Additional Clark Road Land" (as hereinafter
defined) . At least seven (7) days prior to any such
conveyance, the Developer shall provide to the City either an
acceptable (i) title insurance policy issued on a title
insurance company acceptable to the City in its discretion,
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or (ii) attorney's title opinion with respect to the land
being conveyed as aforesaid. The conveyance of the Clark
Road Retention Pond Lands shall be subject to the provisions
of Section 5 hereof.
(2) The Developer shall deliver to the City a bond
guaranteeing the maintenance and the materials, workmanship
and structural integrity of the Clark Road Improvements for a
two-year period, such bond to comply with all applicable pro-
visions of the Ocoee City Code and to be in a form reasonably
acceptable to the City; provided, however, that in the event
the City requires Developer to construct the additional
improvements on Clark Road pursuant to Section 9 of this Agree-
ment, then the costs of any such bond for said additional
improvements shall not be borne by the Developer.
(3) The Developer shall execute and deliver to the
City such other documents, including Bills of Sale, as are
typically required by the City in conneciton with the dedica-
tion and acceptance of a public roadway.
(H) The parties hereto acknowledge that neither the
City nor the Developer own as of the date hereof that portion of
the Developer's Clark Road Segment described in Exhibit "F"
attached hereto and by this reference made a part hereof ("the
Additional Clark Road Land") . Notwithstanding any provision con-
tained herein to the contrary, the Developer shall not be re-
quired to construct any of the Clark Road Improvements on the
Additional Clark Road Land until such time as the City acquires,
at the sole cost and expense of the City, title to the Additional
Clark Road Land or other authorization to construct the Clark
Road Improvements on the Additional Clark Road Land; provided,
however, that this shall not be construed to in any way obligate
the City to acquire the Additional Clark Road Land nor shall it
prevent Developer from obtaining building permits or certificates
of occupancy. In the event the City fails to acquire title to
the Additional Clark Road Land within fourteen (14) months of the
date the Developer commences construction of the Clark Road
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Improvements, then the Developer, at its option, may be released
from all further obligations under this Agreement to construct
the Clark Road Improvements on the Additional Clark Road Land and
all references to the Developer's Clark Road Segment shall then
refer to that portion of Clark Road lying between A.D. Mims and
the north property line of Parcel "B", except that Developer
shall, to the extent provided for in Section 8 hereof, be entitled
to receive Road Impact Fee credits for all costs and expenses
previously incurred by Developer for design and engineering on
the Additional Clark Road Land.
Section 4. Developer's Hackney-Prairie Road Segment.
(A) Subject to the terms and conditions of this Agree-
ment, the City hereby agrees, at the City's sole cost and expense,
to design, engineer, permit and construct that certain proposed
roadway known as "Hackney-Prairie Road" and identified as the
"Future Connection to Hackney Prairie" on the Land Use Map, said
proposed roadway lying between the proposed extension of Clark
Road and the eastern boundary of Parcel A and being more particu-
larly described in Exhibit "G" attached hereto and by this
reference made a part here-of (hereinafter referred to as the
"Developer's Hackney-Prairie Road Segment") ; provided, however,
that the City shall not be required to reimburse Developer for
any costsheretofore or hereafter related to the Developer's
Hackney-Prairie Road Segment except to the extent included
within the reimbursement amount set forth in Section 3 (b) hereof.
(B) The Developer's Hackney-Prairie Road Segment shall
be designed, engineered, permitted and constructed by the City as
a two-lane rural section with open ditch drainage and shall
include the design and location on the Property of retention ponds
adequate for the Developer's Hackney-Prairie Road Segment. The
design, engineering, permitting and construction of the Developer's
Hackney-Prairie Road Segment, including any retention pond required
in connection therewith, is hereinafter collectively referred to
as the "H/P Road Improvements". For the purposes of the Agreement,
all references to "the H/P Road Improvements" shall be deemed to
- to -
include the following: (i) sidewalks five (5) feet in width to be
constructed along one side of Hackney-Prairie Road, and (ii) all
retention ponds required in connection with the Developer's
Hackney-Prairie Road Segment, except for such portion of said
retention ponds as are oversized or otherwise designed to serve
as retention for the Property.
(C) The Developer, at its sole cost and expense, agrees
to cooperate with the City in connection with the design and
location of the retention ponds for the Developer's Hackney-Prairie
Road Segment. To the greatest extent practical, the design and
location of said retention ponds shall be compatible with the
Land Use Plan and future plans for the development of Parcel B.
The design and location of the retention ponds for the Developer's
Hackney-Prairie Road Segment shall be subject to the prior approval
of Developer, which approval will not be unreasonably withheld.
(D) The City shall commence construction of the H/P
Road Improvements on the Developer's Hackney-Prairie Road Segment
no later than eight (8) months after the date the Developer
commences construction of the Clark Road Improvements on the
Developer's Clark Road Segment. Once the City has commenced
construction of the H/P Road Improvements on the Developer's
Hackney-Prairie Road Segment, the City shall proceed with due
diligence to complete the H/P Road Improvements in a timely
manner.
(E) Upon forty-five (45) days written notice from the
City, the Developer shall, at no cost or expense to the City,
convey to the City marketable, fee simple title to (i) the
Developer's Hackney-Prairie Road Segment, and (ii) those lands
constituting such retention ponds as are necessary in connection
with the construction and maintenance of the H/P Road Improvements,
said retention ponds being located within the Property (the "H/P
Retention Pond Lands") . Such conveyances shall be by special
warranty deed free and clear of all liens and encumbrances,
except for easements of records, if any, this Agreement and the
Conditions of Approval. At the time or times of such conveyances
- 11 -
(i) the Developer shall pay any recording fees and documentary
stamp taxes relating to or resulting from the transfer of title
to the City of the Developer's Hackney-Prairie Road Segment and/or
the H/P Retention Pond Lands, and (ii) real property taxes in
connection with the conveyances shall be prorated as of the day
before the acceptance of each 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
conveyance, the Developer shall provide to the City either an
acceptable (i) title insurance policy issued on a title insurance
company acceptable to the City in its discretion, or (ii)
attorney's title opinion with respect to the land being conveyed
as aforesaid. The conveyance of the H/P Retention Pond Lands
shall be subject to the provisions of Section 5 hereof.
(F) Upon forty-five (45) days written notice from the
City, the Developer will grant to the City (i) a non-exclusive
temporary construction easement twenty (20) feet in width on each
side of the Developer's Hackney-Prairie Road Segment, and
(ii) perpetual non-exclusive drainage and utility easements,
including easements for culvert boxes, if necessary, of up to
twenty (20) feet in width on each side of the Developer's Hackney-
Prairie Road Segment adjacent to said roads which are reasonably
related to the construction, operation and maintenance of the
Developer's Hackney-Prairie Road Segment. All such easements
shall be in a form and content comparable to temporary construction,
drainage and utility easements granted to the City for similar
purposes. Any such easements shall be prepared by the City,
subject to the approval of the Developer, which approval will not
unreasonably be withheld.
Section 5. Reservation of Easement.
(A) The Clark Road Retention Pond Lands and the H/P
Retention Pond Lands shall be conveyed to the City subject to the
reservation by the Developer of a non-exclusive perpetual drainage
easement for the benefit of the Property. The City acknowledges
- 12 -
and agrees that said retention ponds may, at the Developer's option
and sole cost and expense, be sized to accommodate stormwater
from the Developer's Clark Road Segment, the Developer's Hackney-
Prairie Road Segment and the Property. The drainage easement
shall be for retention pond and drainage purposes in accordance
with plans and specifications approved by the City for the develop-
ment of the Property, or any portion thereof. The drainage ease-
ment shall be assignable, in whole or in part, to any homeowner
associations formed with respect to all or any portion of the
Property.
(B) After the conveyance of the Clark Road Retention
Pond Lands and the H/P Retention Pond Lands to the City, the
Developer shall have the right, at the Developer's sole cost and
expense, to expand the Clark Road Retention Pond Lands and the
H/P Retention Pond Lands in accordance with plans and specifica-
tions approved by the City for the development of the Property,
or any portion thereof, in order to accommodate the requirements
for the development of the Property or any portion thereof; pro-
vided, however, that in connection with any such expansion:
(1) The Developer shall cooperate and coordinate
with the City in regards to such expansion so as not to inter-
fere with the operation and maintenance of the Clark Road
Improvements on the Developer's Clark Road Segment and/or the
H/P Road Improvements on the Developer's Hackney-Prairie Road
Segment.
(2) The Developer, its agents, employees, consul-
tants and independent contractors shall have the right to
enter upon the Clark Road Retention Pond Lands and the H/P
Retention Pond Lands for the purpose of expanding the reten-
tion ponds in the manner set forth above in accordance with
plans and specifications approved by the City. The Developer
shall assume all risks involved in entering upon the Clark
Road Retention Pond Lands and the H/P Retention Pond Lands
for the performance of such activities and shall indemnify
- 13 -
and hold the City harmless from and against all loss, liabil-
ity, costs, claims, demands, damages, actions, causes of
action, suits and expenses arising out of, related to or
caused by Developer in the exercise of its rights under this
Section 5.
(3) In the exercise of its rights under this
Section 5, the Developer shall keep the Clark Road Retention
Pond Lands and the H/P Retention Pond Lands free and clear of
all liens and encumbrances and shall hold the City and said
lands harmless from any liens arising out of Developer's
activity thereon.
(4) Upon completion of the expansion of the Clark
Road Retention Pond Lands and/or the H/P Retention Pond Lands,
the Developer shall convey to the City the expanded retention
ponds in the same manner and subject to the same terms and
conditions as with the original conveyance of the Clark Road
Retention Pond Lands and the H/P Retention Pond Lands, except
that the Developer shall not be entitled to any Road Impact
Fee Credits with respect to such conveyance(s) .
(C) In consideration for the conveyance of the Clark
Road Retention Pond Lands and the H/P Retention Pond Lands, the
City hereby agrees, at the City's sole cost and expense, to main-
tain the said retention ponds constructed thereon or on any expan-
sion of said retention ponds by the Developer pursuant to Section
5 (B) above; provided, however, that unless otherwise agreed to by
the City and the Developer, the City shall not be required to
maintain any retention ponds within the Property which are primar-
ily designed to serve the Property rather than the Developer's
Clark Road Segment and the Developer's Hackney-Prairie Road Segment.
Section 6. Intersection Improvements.
(A) For the purposes of this Agreement, "Intersection
Improvements" shall mean and refer to appropriate by-pass,
turning, acceleration and deceleration lanes at certain
designated intersections and traffic signals when warranted at
certain designated intersections.
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(B) The Developer shall, at the Developer's sole cost
and expense, design, engineer, permit, construct and install
"Intersection Improvements" at the following designated
intersections in accordance with the time-table set forth below:
(1) At the intersection of Clark Road and A.D.
Mims Road, to be constructed and installed concurrent with
the construction of the Clark Road Improvements ("the
Clark/A.D. Mims Intersection Improvements") .
(2) At the intersection of A.D. Mims Road and Apop-
ka-Vineland Road, to be constructed and installed concurrent
with the construction of the Clark Road Improvements ("the
A.D. Mims/Apopka-Vineland Intersection Improvements") .
(3) At the intersection of Street "A" as shown on
the Land Use Map and A.D. Mims Road, to be constructed when
Street "A" connects to A.D. Mims Road;
(hereinafter, collectively referred to as the "Required
Intersection Improvements") .
(C) When warranted, the Developer shall engineer,
permit, construct and install Intersection Improvements at the
intersection of Clark Road and Hackney-Prairie Road. Seventy-
five percent (75%) of the cost thereof shall be paid by the
Developer with the remaining portion being paid by the City or
other developers.
(D) The City agrees that at such time as any of the
railroad crossings required pursuant to the Land Use Plan are
completed and accepted by the railroad controlling the rights to
the crossing, the City shall enter into the railroads' Standard
Maintenance Agreement with respect thereto; provided, however,
that the City shall not be required to provide an unqualified
indemnification.
(E) All plans and specifications related to the
Required Intersection Improvements shall be subject to the prior
written approval of the City, which approval will not
unreasonably be withheld ("the Approved Intersection Plans") .
The Required Intersection Improvements shall be designed,
- 15 -
engineered, permitted, constructed and installed in accordance
with the Approved Intersection Plans. All contracts entered
into by the Developer with respect to the Required Intersection
Improvements shall be subject to the prior written approval of
the City, which approval will not unreasonably be withheld ("the
Approved Intersection Contracts") . With respect to the Required
Intersection Improvements, the Developer shall follow the same
procedures set forth in Section 3 (D) hereof with respect to the
Clark Road Improvements.
Section 7 . Alternative Road Impact Fee Schedule.
(A) Pursuant to the provisions of Section 6 of Ordinance
No. 89-02 , adopted by the Ocoee City Commission on March 21, 1989
and known as the Road Impact Fee Ordinance, the Developer and the
City desire to establish an Alternative Road Impact Fee Schedule
in recognition of the agreement on the part of the Developer to
provide equivalent road improvements necessary to serve new
buildings, as more particularly set forth in this Agreement.
(B) The City hereby makes the following findings:
(1) The Alternative Road Impact Fee Schedule set
forth in this Section 7 and the Road Impact Fee credits granted
pursuant to Section 8 hereof apportion the burden of expendi-
ture for new transportation facilities in a just and equitable
manner♦ consistent with applicable Florida Statutes and case
law.
(2) The extension of Clark Road from A.D. Mims
Road north to Clarcona-Ocoee Road is an essential portion of the
traffic circulation element of the City's Comprehensive Plan.
(3) It is estimated that the cost of the design,
engineering, permitting and construction of the roadway on
the Developer's Clark Road Segment will exceed the total
amount of Road Impact Fees which would be paid by the Developer
pursuant to the Road Impact Fee Ordinance and the Road Impact
Fee Schedule in effect as of the date of this Agreement.
(4) In order for the Developer to accomplish the
financial planning required to complete in a timely manner
- 16 -
the roadway on the Developer's Clark Road Segment it is essen-
tial that the Developer be able to budget and plan for the
amount of Road Impact Fees associated with the development of
the Property without regard to future increases in such Road
Impact Fee.
(5) It is in the best interests of the City to
guarantee to the Developer the rate at which Road Impact Fees
will be charged against the Property in connection with the
development thereof.
(C) In consideration of the Developer's performance of
its obligations set forth in Sections 3 and 6 hereof, the City
hereby adopts an Alternative Road Impact Fee Schedule with respect
to the Property as set forth in Exhibit "H" attached hereto and
by this reference made a part hereof ("the Alternative Road Impact
Fee Schedule") . The parties hereto acknowledge that the Alternative
Road Impact Fee Schedule is the same as the Road Impact Fee
Schedule in effect as of the date of this Agreement. It is the
intent of the parties hereto that the Alternative Road Impact Fee
Schedule shall be the applicable Road Impact Fee Schedule with
respect to all future development of the Property and that the
Alternative Road Impact Fee Schedule shall not be affected by
subsequent increases or decreases in the Road Impact Fee imposed
pursuant to the Road Impact Fee Ordinance, as it may from time to
time be amended.
Section 8. Road Impact Fees Credits.
(A) In consideration of the Developer's performance of
its obligations set forth in Sections 3 and 6 hereof, the
Developer shall, subject to the provisions of Section 8 (E) hereof,
be entitled to a credit against Road Impact Fees payable to the
City in an amount equal to the sum of the following:
(1) Subject to the provisions of Section 3 (D) here-
of, the actual cost of the design, engineering, permitting
and construction of the Clark Road Improvements on the Devel-
oper's Clark Road Segment undertaken pursuant to the Approved
Clark Road Contracts, including the actual cost of the design,
- 17 -
engineering and other fees incurred by Developer prior to the
execution of this Agreement in connection therewith (including
those related to the Developer's Hackney-Prairie Road Segment)
in the amount of $ through
1991.
(2) The actual cost of the A.D. Mims/Apopka-Vine-
land Intersection Improvements;
(3) Fifty percent (50%) of the actual cost of the
Clark/A.D. Mims Intersection Improvements;
(4) The actual cost of the Intersection Improvements
at Clark Road and Hackney-Prairie Road to the extent incurred
by the Developer; and
(5) The fair market value of that portion of the
Clark Road Retention Pond Lands and the H/P Retention Pond Lands
which are designed to exclusively serve the Developer's Clark
Road segment and the Developer's Hackney Prairie Road segment,
respectively, rather than the Property. For the purposes of
this subsection, the fair market value of said lands and the
amount of the Road Impact Fee Credit shall be determined
pursuant to and in accordance with the provisions of Section 7
of Ordinance No. 89-02 , as amended by Ordinance No. 90-01, the
"Road Impact Fee Ordinance" ;
provided, however, that neither the Developer nor any person or
entity shall be entitled to Road Impact Fee credits or other com-
pensation with respect to (i) the conveyance to the City of the
Roadway Land and the Developer's Hackney-Prairie Road Segment,
(ii) the conveyance to the City of that portion of the Clark Road
Retention Pond Lands and the H/P Retention Pond Lands which are
designed to serve the Property, (iii) the design, engineering,
permitting and construction of acceleration, deceleration and
turn lanes serving only the Property, and (iv) the design, engin-
eering, permitting and construction of retention ponds which are
designed to serve the Property rather than the Developer's Clark
Road Segment and the Developer's H/P Road Segment; and provided
further that the total Road Impact Fee credits granted hereunder
- 18 -
shall not exceed the amount of the Road Impact Fees assessed
against the Property pursuant to the City of Ocoee Road Impact
Fee Ordinance and the Alternative Road Impact Fee Schedule.
(B) The Developer shall, on at least a quarterly basis,
submit to the City's Development Review Committee ("DRC") satis-
factory documentation to support any Road Impact Fee credit pur-
suant to Section 8 (A) above, and the actual amount of the Road
Impact Fee credit shall thereafter be determined by the DRC based
upon a review of such satisfactory documentation in the manner
provided by the Road Impact Fee Ordinance; provided, however,
that the DRC review of the Road Impact Fee Credits pursuant to
Section 8 (A) (1) , (2) , (3) and (4) above shall be limited to (i)
verification of the actual cost of such improvements paid by the
Developer for which impact fee credits are being requested, and
(ii) confirmation that the actual cost of such improvements paid
by the Developer do not exceed the costs set forth in the Approved
Clark Road Contracts and the Approved Intersection Contracts.
The DRC shall not be required to approve any Road Impact Fee
Credits for costs incurred by the Developer which exceed the
amounts set forth in the Approved Clark Road Contracts and the
Approved Intersection Contracts, unless such change orders or
cost overruns have been previously approved or are subsequently
approved by the City.
(C) The Road Impact Fee credits granted pursuant to
this Section may be transferred by the Developer, in whole or in
part, to any successor in interest of the Property or any portion
thereof. Any such transfer of Road Impact Fee credits shall not
become effective until delivery of written notice thereof from
the Developer to the City and receipt by the transferee of written
confirmation that the City records have been revised to reflect
such transfer.
(D) Except as otherwise expressly set forth herein, the
conveyance of the Roadway Land, the Clark Road Retention Pond
Lands, the Developer's Hackney-Prairie Road Segment and the H/P
Retention Pond Lands shall be made at no cost or expense to the
- 19 -
City. It is expressly agreed between the parties that the Road-
way Land, the Clark Road Retention Pond Lands, the Developer's
Hackney-Prairie Road Segment, and the H/P Retention Pond Lands
are being donated to the City and that except as expressly set
forth herein neither the Developer nor any person or entity shall
be entitled to any Road Impact Fee credits or other compensation
with respect to the conveyance of the Roadway Land, the Clark
Road Retention Pond Lands, the Developer's Hackney-Prairie Road
Segment and the H/P Retention Pond Lands.
(E) NOTWITHSTANDING ANY PROVISION CONTAINED IN THIS
AGREEMENT OR THE CONDITIONS OF APPROVAL TO THE CONTRARY, IT IS
EXPRESSLY AGREED BETWEEN THE CITY AND THE DEVELOPER THAT, SUBJECT
TO THE PROVISIONS OF SECTION 25 (C) HEREOF, ALL OF THE ROAD IMPACT
FEE CREDITS GRANTED OR TO BE GRANTED PURSUANT TO THIS AGREEMENT
SHALL BE AUTOMATICALLY CANCELLED AND FORFEITED BY THE DEVELOPER,
ITS HEIRS, BENEFICIARIES, LEGAL REPRESENTATIVES, SUCCESSORS AND
ASSIGNS, IN THE EVENT THE DEVELOPER FAILS TO COMMENCE CONSTRUCTION
OF OR COMPLETE IN A TIMELY MANNER (i) THE CLARK ROAD IMPROVEMENTS
ON THE DEVELOPER'S CLARK ROAD SEGMENT AT THE TIME AND IN THE
MANNER PROVIDED IN SECTION 3 HEREOF, (ii) THE CLARK/A.D. MIMS
INTERSECTION IMPROVEMENTS, AND (iii) THE A.D. MIMS/APOPKA-VINELAND
INTERSECTION IMPROVEMENTS; provided, however, that prior to such
automaticcancellationand forfeiture of all of said Road Impact
Fee credits, the City shall have given a written notice of default
to the Developer and the Developer shall have failed to cure such
default within ninety (90) days of receipt of such notice; pro-
vided further, however, that if such default is not capable of
being cured within said ninety (90) day curative period and the
Developer is diligently proceeding to cure such default, then in
such event the curative period shall be automatically extended to
a maximum of six (6) months from the date of receipt of such
notice so long as the Developer continues to diligently proceed
to cure such default. If at the end of said curative period, or
any extension thereof, the default of the Developer has not been
cured, then all of said Road Impact Fee credits granted or to be
- 20 -
A
granted pursuant to this Agreement shall be automatically cancelled
and forfeited as aforesaid. The forfeiture by the Developer of
said Road Impact Fee credits pursuant to this Section shall not
in any way be construed to terminate this Agreement or to release
the Developer from its obligations under this Agreement, including
but not limited to the obligations of the Developer, at the
Developer's sole cost and expense, to complete the Clark Road
Improvements on the Developer's Clark Road Segment and the Required
Intersection Improvements. THE DEVELOPER ACKNOWLEDGES AND AGREES
THAT THE AFORESAID CANCELLATION AND FORFEITURE PROVISIONS AND THE
AGREEMENT OF THE DEVELOPER TO COMMENCE AND COMPLETE IN A TIMELY
MANNER THE CLARK ROAD IMPROVEMENTS, THE CLARK/A.D. MIMS INTERSEC-
TION IMPROVEMENTS, AND THE A.D. MIMS/ APOPKA-VINELAND INTERSECTION
IMPROVEMENTS ARE MATERIAL INDUCEMENTS TO THE CITY TO ENTER INTO
THIS AGREEMENT AND THAT THE CITY WOULD NOT HAVE ENTERED INTO THIS
AGREEMENT BUT FOR THE AFORESAID CANCELLATION AND FORFEITURE
PROVISION AND SAID AGREEMENT ON THE PART OF THE DEVELOPER. THE
DEVELOPER HEREBY WAIVES AND RELEASES ANY RIGHT TO (AND HEREBY
COVENANTS THAT IT SHALL NOT) SUE CITY TO PROVE THAT THE AFORESAID
CANCELLATION AND FORFEITURE PROVISION IS UNENFORCEABLE, UNLAWFUL
OR OTHERWISE CONSTITUTES AN UNLAWFUL PENALTY.
Section 9. Additional Improvements - Clark Road;
Vesting for Purposes of Transportation Concurrency.
(A) As set forth in Section 3 (B) (2) hereof, the Developer
is not constructing the proposed two western lanes for a portion
of the Developer's Clark Road Segment. However, the City, at its
option and at no additional cost and expense to the Developer (of
any nature whatsoever) , may require the Developer to construct
said proposed two western lanes and related medians and other
improvements concurrent with the construction by the Developer of
the Developer's Clark Road Segment as set forth herein.
(B) At the City's option, the Developer will, at no
cost and expense to the Developer (of any nature whatsoever) ,
cause to be designed, engineered, permitted and/or constructed
- 21 -
concurrent with the design, engineering, permitting and construc-
tion of the Developer's Clark Road Segment, such other improve-
ments as may be desired by the City which are related to the
Roadway Improvements and the extension of Clark Road from A.D.
Mims Road north to Clarcona-Ocoee Road, including but not limited
to improvements related to the medians and the City's sewer and
water system. This shall include all additional work requested
for any purpose other than as set forth in this Agreement or for
the providing of sewer and water to the Property.
(C) The City recognizes that Developer is designing,
engineering, permitting and constructing the Developer's Clark
Road Segment and the Required Intersection Improvements for the
purpose of enhancing the value of the Property, obtaining Road
Impact Fee credits, to the extent granted pursuant to the provi-
sions of Section 8 hereof, and to insure that the Property shall
meet the present and future off-site transportation concurrency
requirements as dictated by the City and any other appropriate
governmental bodies. Upon completion of construction of the
Developer's Clark Road Segment in compliance with the terms of
this Agreement by the Developer, the City agrees that the Property
shall, to the extent permitted by law, have vested for the purposes
of off-site transportation concurrency all rights to develop the
Property pursuant and subject to the Conditions of Approval, the
Land Use Plan and this Agreement; provided, however, that this
determination shall not be binding on the City in the event of a
judicial or administrative determination to the contrary with
respect to the Property as a result of an action or proceeding
brought by a third party, including but not limited to Orange
County, the East Central Florida Regional Planning Council and
the Florida Department of Community Affairs. In any such action
or proceeding, the City shall not take a position adverse to the
determination set forth in this Section 9 (C) regarding off-site
transportation concurrency. The Developer agrees to indemnify,
defend and hold the City harmless from and against any and all
suits, actions, proceedings, loss, liability, costs, damages,
fines, penalties and expenses arising out of or related to any
- 22 -
actions or proceedings which may be brought against the City by a
third party seeking to challenge or otherwise set aside the
determination by the City that the Property is vested for purposes
of off-site transportation concurrency; provided, however, that
the Developer may terminate this indemnity by waiving all of its
rights and privileges under or pursuant to this Section 9 (C) , and
provided further that this indemnification shall be voidable by
the Developer in the event the City takes a position materially
adverse to the determination set forth in this Section 9 (C)
regarding off-site transportation concurrency. Nothing contained
in this subsection shall be construed to impose upon the City or
the Developer any duty or obligation to 4-lane the Developer's
Clark Road Segment or to undertake other road/transportation
improvements (except as expressly set forth in this Agreement) in
the event it is subsequently determined that 4-laning or other
road/transportation improvements are necessary in order to meet
transportation concurrency requirements for the development of
the Property.
Section 10. Certificate of Occupancy.
(A) Except as provided in Subsection 10(B) below, it is
specifically agreed between the parties hereto that no certificate
of occupancy will be issued with respect to any portion of the
Property until such time as all of the following conditions have
been satisfied:
(1) Except as provided in Section 3 (H) hereof, the
Developer has completed construction of the Clark Road Improve-
ments on the Developer's Clark Road Segment and has fully com-
plied with the requirements of Section 3 (G) hereof; and
(2) The City has accepted the Clark Road Improve-
ments and the conveyance of the Roadway Land, the Clark Road
Retention Pond Lands, the Developer's Hackney-Prairie Road
Segment and the H/P Retention Pond Lands and issued Certifi-
cates of Completion with respect to the Clark Road Improvements.
(B) The Developer shall be entitled to the issuance of
a certificate of occupancy prior to the satisfaction of the
conditions set forth in Section 10(A) above if and onl -: if:
- 23 -
(1) The Developer has commenced construction of
the Clark Road Improvements;
(2) That portion of the Property for which certifi-
cates of occupancy are being requested meet all "comprehen-
sive plan" and "concurrency" requirements, as reasonably de-
termined by the City or other governmental agencies having
jurisdiction with respect thereto, which are then in effect
with respect to such portion of the Property;
(3) That portion of the Property for which
certificates of occupancy are being requested has access to and
from a paved and dedicated public roadway; and
(4) The Developer provides the City with
satisfactory assurance of its ability to complete in a timely
manner the Clark Road Improvements, the Clark/A.D. Mims
Intersection Improvements and the A.D. Mims/Apopka Vineland
Intersection Improvements, which assurance shall include:
(a) A cash deposit in an escrow account
in an amount equal to one hundred
fifteen percent (115%) of the esti-
mated cost of completing said
improvements; or
(b) An irrevocable letter of credit from
a financial institution doing business
in the State of Florida which shall be
in the penal sum of one hundred fifteen
percent (115%) of the estimated cost of
completing said improvements; or
(c) An acceptable surety company completion and
payment bond executed by a company author-
ized to do business in the State of Florida
which shall be in the penal sum of one
hundred fifteen percent (115%) of the
estimated cost of completing said improve-
ments.
- 24 -
The above referenced letter of credit and completion and pay-
ment bond shall be issued in favor of the City and shall be
in a form reasonably acceptable to the City. With respect to
the satisfaction of this Subsection 10(B) (4) , the Developer
shall otherwise comply with the requirements of Section 5. 3 . 3
of Article II of Appendix "B" of the Ocoee City Code.
Section 11. Additional Documentation. In connection
with the conveyance of the Roadway Land, the Clark Road Reten-
tion Pond Lands, the Developer's Hackney-Prairie Road Segment and
the H/P Retention Pond Lands, the Developer shall execute such
other closing documents as may reasonably be required by the City,
including but not limited to a no-lien affidavit.
Section 12. Recreational Park Impact Fee Credits. At
the time of submission of its Development Plan for Parcel A, or
any portion thereof, the Developer, at its option, may propose a
dedication to the City of a portion of Parcel A for public park
and recreation purposes. The City agrees to consider in good
faith any such request in accordance with the criteria set forth
in Recreational Park Impact Fee Ordinance. In the event the
City decides to accept any such proposed dedication or a portion
thereof, then the Developer shall be entitled to a Recreational
Park Impact Fee credit with respect thereto. Any such
Recreational Park Impact Fee credit shall be determined in
accordance with and be subject to the Recreational Park Impact
Fee Ordinance, as it may from time to time be amended.
Section 13. Sewer and Water. The Developer acknowledges
that in order to obtain sewer and water capacity and connect to
the City sewer and water system that it will be necessary to enter
into separate developer agreements with the City with respect
thereto and that such separate developer agreements may require
that the Developer, at the Developer's sole cost and expense,
extend sewer and water lines to serve the Property and locate
such sewer and water lines within the Developer's Clark Road Seg-
ment and/or the Developer's Hackney-Prairie Road Segment. The
Developer further acknowledges that the City has made no warranty
- 25 -
or representation regarding (1) the availability of sewer and
water capacity, (2) the existence of sewer and water lines to
serve the Property, and/or (3) the sewer and water impact fees,
connection fees and other charges which may be imposed by the
City in connection with the extending and providing of sewer and
water service to the Property or any portion thereof. However,
the City does agree that the Developer shall be entitled to apply
for and reserve sewer and water capacity, subject to the availa-
bility thereof, on the same terms and conditions applicable to
other property owners within the City.
Section 14. Impact Fees. Except as expressly provided
in this Agreement, the Developer shall not be entitled to any
impact fee credits and will pay to the City all applicable impact
fees, including but not limited to road, police, fire, park/re-
creation, sewer and water impact fees, at such time and in such
manner as may be required in accordance with then applicable ordin-
ances of the City.
Section 15. Conditions to Effectiveness of Agreement.
All obligations, rights and duties of the Developer and the City
under this Agreement are conditioned upon the rezoning of Parcel B
from PUD to R-1-A, Single Family Dwelling District, and C-1,
Neighborhood Shopping District, in accordance with the Parcel B
Petition. In the event this contingency is not satisfied within
one (1) month from the Effective Date of this Agreement, then
this Agreement, at the Developer's option, may be terminated and
in the event of termination shall be null and void and of no fur-
ther force and effect; provided, however, that the Developer
shall be deemed to have waived its right to terminate this Agree-
ment as aforesaid unless written notice of such termination is
delivered to the City within three (3) months of the Effective
Date of this Agreement.
Section 16. Compliance with Subdivision Regulations and
Land Development Code. Except as otherwise set forth in this
Agreement, the Developer shall comply with the Subdivision Regu-
lations of the City of Ocoee, as they may from time to time be
- 26 -
amended. In the event of any conflict between the Subdivision
Regulations and the Land Development Code, as either or both of
them may from time to time be amended, and this Agreement, the
Land Use Plan and the Conditions of Approval, it is agreed that
the provisions of this Agreement, the Land Use Plan and the
Conditions of Approval shall control; provided, however, that
notwithstanding any provision contained in this Agreement, the
Land Use Plan or the Conditions of Approval to the contrary, the
Developer shall fully comply with the provisions of Article VIII,
entitled Storm Water Management, of Appendix B of the Ocoee City
Code, as it may from time-to-time be amended.
Section 17. Notice. Any notice delivered with respect
to this Agreement shall be in writing and be deemed to be de-
livered (A) when hand delivered to the person hereinafter desig-
nated, (B) upon actual receipt of such notice when deposited in
the United States Mail or Canadian Mail, postage prepaid, certi-
fied mail, return receipt requested, or (C) the day after delivery
to a private parcel (next day) delivery service when delivered to
such service for next day delivery. All such notices shall be
addressed to the person at the address set forth opposite the
party's name below, or such other address or to such other person
as the party shall have specified by written notice to the other
party delivered in accordance herewith:
Developer: c/o Silvestri Investments of Florida, Inc.
120 King Street West
Suite 1000
Hamilton, Ontario
Canada L8P4V2
with a copy to: Warren E. Williams, Esq.
Williams & Airth, P.A.
28 West Central Boulevard
Orlando, FL 32801
City: City of Ocoee
150 North Lakeshore Drive
Ocoee, FL 34761
Attention: City Manager
with a copy to: Paul E. Rosenthal, City Attorney
Foley & Lardner
111 North Orange Avenue, Suite 1800
Orlando, FL 32801
- 27 -
Section 18. Covenant Running with the Land. This
Agreement shall be binding, and shall inure to the benefit of the
heirs, beneficiaries, legal representatives, successors and
assigns of the parties, and shall run with the Property and be
binding upon the heirs, beneficiaries, legal representatives,
successors and assigns of the Developer and upon any person,
firm, corporation, or entity who may become the successor in
interest to the Property or any portion thereof.
Section 19. Recordation of Agreement. The parties
hereto agree that an executed original of this Agreement shall be
recorded, at the City's expense, in the Public Records of Orange
County, Florida. The City will, from time to time upon request
of the Developer, execute and deliver letters affirming the status
of this Agreement.
Section 20. 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 21. 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 22. Agreement; Amendment. This Agreement
constitutes the entire agreement between the parties, and super-
sedes all. previous discussions, understandings and agreements,
with respect to the subject matter hereof. Amendments to and
waivers of the provisions of this Agreement shall be made by the
parties only in writing by formal amendment.
Section 23. 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 24. 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
- 28 -
documents and instruments, in form and substance reasonably
necessary to confirm and/or effectuate the obligations of either
party hereunder and the consummation of the transactions contem-
plated hereby.
Section 25. Enforcement.
(A) 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. It is specifically agreed
between the parties that the forfeiture by the Developer of Road
Impact Fee credits pursuant to the provisions of Section 8 (E)
hereof shall not in any way affect the right of the City to
enforce this Agreement by an action for specific performance.
(B) Notwithstanding any provision contained herein to
the contrary, neither party may initiate an action for specific
performance pursuant to Section 25 (A) above until such time as
the party seeking to initiate such action has given a written
notice of default to the other party which specifies the default
and such defaulting party has failed to cure such default within
ninety (90) days of receipt of such notice; provided, however, if
such default is not capable of being cured within said ninety
(90) day curative period and the defaulting party is diligently
proceeding to cure such default, then in such event the curative
period shall be automatically extended to a date six (6) months
from the date of receipt of such notice so long as the defaulting
party is diligently proceeding to cure such default. It is
specifically agreed that the provisions of this Section 25 (B)
shall not be applicable to the cancellation and forfeiture by the
Developer of Road Impact Fee credits pursuant to the provisions
of Section 8 (E) hereof and that the curative provisions set forth
in said Section 8 (E) shall control.
(C) Notwithstanding any provision contained herein to
the contrary, if the Developer is unable to perform its obligations
under this Agreement due to the malfeasance, misfeasance or
nonfeasance of the City, Orange County or any governmental bodies
having jurisdiction with respect to the Clark Road Improvements
- 29 -
or their respective employees, agents or contractors, then in any
of such events it shall not be considered a default hereunder by
Developer. It is agreed that the Developer shall have the burden
of proof to establish any such malfeasance, misfeasance or
nonfeasance. The provisons of this Section 25 (C) shall also be
applicable to any non-performance which would otherwise result in
a default and the cancellation and forfeiture of Road Impact Fee
credits pursuant to the provisions of Section 8 (E) hereof.
(D) Notwithstanding any provision contained herein to
the contrary, it is specifically agreed that neither party shall
have any claim against the other party for damages in the event
of a default or breach of any provision of this Agreement; pro-
vided, however, that this provision shall not in any way be
construed to affect the cancellation and forfeiture by the
Developer of Road Impact Fee credits pursuant to the provisions
of Section 8 (E) hereof.
Section 26. 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
default or breach by the other party of any terms hereof, the
prevailing party shall be entitled to recover from the other par-
ty its reasonable attorneys' fees, legal assistants fees and
costs incurred in connection therewith, at both trial and appel-
late levels, including bankruptcy proceedings, without regard to
whether any legal proceedings are commenced or whether or not
such action is prosecuted to judgment.
Section 27. Utility Easement. At such time as the
Developer conveys to the City the Roadway Land and/or the
Developer's Hackney-Prairie Road Segment, the City shall convey
and grant to the Developer a perpetual non-exclusive drainage and
utility easement over, under and across the Roadway Land and/or
the Developer's Hackney-Prairie Road Segment, as the case may be,
for the exclusive purpose of providing drainage and utility
services, including but not limited to electric, gas, cable
television, telephone, water and sewer, for the benefit of the
- 30 -
Property; provided, however, that said easement (i) shall be
compatible with and consistent with the use by the City of the
Roadway Land and the Hackney-Prairie Road Segment for roadway
purposes as contemplated by this Agreement, and (ii) shall be in
a form and content comparable to drainage and utility easements
typically granted by the City for similar purposes. Said easement
shall be prepared by the City, subject to the approval of the
Developer, which approval will not unreasonably be withheld.
Section 28. 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 29. Construction Agreement.
(A) This Agreement shall not be construed more strictly
against one party than another merely by virtue of the fact that
it may have been prepared by counsel for one of the parties, it
being recognized that both the Developer and the City have
contributed substantially and materially to the preparation hereof.
(B) 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 30. Effective Date. The Effective Date of
this Agreement shall be the date that the last of the parties to
this Agreement has executed the same and such date shall be
inserted on the front page of this Agreement.
- 31 -
IN WITNESS WHEREOF, the Developer and the City have
caused this instrument to be executed by their duly authorized
officers or representatives as of the day and year first above
written.
Signed, sealed and delivered DEVELOPER:
in the presence of:
SILVESTRI INVESTMENTS OF FLORIDA,
INC. , a Florida corporation
By:
, President
(CORPORATE SEAL)
CITY:
CITY OF OCOEE,
a Florida municipal corporation
By:
LESTER DABBS, JR. , Mayor
Attest:
JEAN GRAFTON, City Clerk
(SEAL)
FOR USE AND RELIANCE ONLY
BY THE CITY OF OCOEE, FLORIDA APPROVED BY THE OCOEE CITY
APPROVED AS TO FORM AND LEGALITY COMMISSION AT A MEETING
THIS DAY OF , 1991. HELD ON , 1991
UNDER AGENDA NO.
FOLEY & LARDNER
By:
City Attorney
- 32 -
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 acknowl-
edgments, personally appeared LESTER DABBS, JR. and JEAN GRAFTON,
well known to me to be the Mayor and City Clerk, respectively, of
the CITY OF OCOEE, a Florida municipal corporation, and that they
severally acknowledged executing the same in the presence of two
subscribing witnesses freely and voluntarily under authority duly
vested in them by said municipality.
WITNESS my hand and official seal in the County and
State last aforesaid this day of , 1991.
Notary Public
(NOTARIAL SEAL)
My commission expires:
STATE OF
COUNTY OF
I HEREBY CERTIFY that on this day, before me, an officer
duly authorized in the State aforesaid and in the County afore-
said, to take acknowledgements, personally appeared
, well known to me to be the President of
SILVESTRI INVESTMENTS OF FLORIDA, INC. , a Florida corporation,
and that he acknowledged before me executing the same freely and
voluntarily under authority duly vested in him on behalf of said
corporation.
WITNESS my hand and official seal in the County and State
last aforesaid this day of , 1991.
Notary Public
(NOTARIAL SEAL)
My commission expires:
FLOPPY/5182TT(12)
01 (04/12/91)
- 33 -
EXHIBITS TO DEVELOPMENT AGREEMENT
"A": Parcel A
"B": Parcel B
"C": Conditions of Approval
"D": Developer's Clark Road Segment
"E": Roadway Land
"F": Additional Clark Road Land
"G": Developer's Hackney-Prairie Road Segment
"H": Alternative Road Impact Fee Schedule
- 34 -
01/26/V1 14:03 @'40/ 666 b726 Ct (Y OF OCOEE •yy FOLEY & LARDNER 40002/006
EXHIBIT A
PARCEL "A'• LEGAL DESCRIPTION
PUD Parcel:
The Southeast 1/4 of the Southwest 1/4 and the South 1/2 of the
Southeast 1/4 , LESS the Northeast 1/4 of the Southeast 1/4 of the
Southeast 1/4 and LESS the North 100 feet of the West 230 feet of
the Southeast 1/4 of the Southeast 1/4 of the Southeast 1/4 of
Section 4, Township 22 South, Range 28 East, Orange County,
Florida.
AND:
The North 1/2 of the Northwest 1/4 and the West 1/2 of the
Southeast 1/4 of the Northeast 1/4 and the Southwest 1/4 of the
Northeast 1/4 and the Southeast 1/4 North lying northerly of
Railroad, Section 9, Township 22 South, Range 28 East, Orange
County, Florida.
01/28/91 14:03 121407 ebo 5725 CITY OF OCOEE --- FOLEY & LARDNER Q003/008
EXHIBIT B
PARCEL ”Bu LEGAL DESCRIPTION
R-1-A Parcel:
SE 1/4 and E 1/2 of SW 1/4 of the NE 1/4 of Section 4 , Township 22,
Range 28, also including:
5500' of W 1/2 of NE 1/4 of SE 1/4 of Section 4, Township 22, Range
28.
C-1 Parcel:
E 1/2 of NW 1/4 of SE 1/4 of Section 4 , Township 22, Range 28 .
EXHIBIT "C"
GLKR TEL : 407-839-1789 Apr 1291 16 :29 No .033 P .08
• Revised
4/16/91
CONDITIONS OF APPROVAL TO LAND USE PLAN
PROJECT: Prairie Lakes PUD
Land Use Plan (approved 4/16/91) (9/25/86) (approved 12/9/86)
PROJECT ANALYSIS:
1. Project Area - 278.6 Acres
2. Zoning -PUD
3. Water-City of Ocoee
4. Sewer- City of Ocoee
5. Flood El.-90.0 (100 YR)
6. Stormwater Outfall - Lake Meadow & Prairie Lake
Development of Prairie Lakes PUD may be undertaken in accordance with the
8/5/85, as revised through Land Use Plan dated 10/25/90, subject to the following
additional conditions ofapproval which shall be incorporated into all Development
Plans for each phase of the project:
1. The Development Plan shall demonstrate substantial compliance with the
City's Arbor and Landscaping Ordinances, and every effort will be made to
conserve on-site tree cover.
2. All preliminary approvals are contingent upon final acceptance of appropriate
and reasonably acceptable engineering standards affecting stormwater
management, wastewater management, water supply, and transportation
impacts.
3. The developer shall provide for the extension and paving of Clark Road to
Clarcona-Ocoee Road to ensure adequate emergency access and to provide for
general traffic requirements. Timing and other matters related to Clark Road
shall be addressed in a developer agreement with the City.
4. Prior to approval of any Certificates of Occupancy within Phase I, the
developer shall construct a future collector street extending westerly off Clark
Road from Street "A" through Tract A to match up with the required
Emergency Access road.
5. Clark Road is to be developed as an arterial street and shall be planned for
four lanes within a 100-foot wide right-of-way and shall be designed with a
45-mph design speed. Clark Road shall be paved as a 4-lane road for a distance
of 1,000' north of A. D. Mims Road and 2 lanes to the north property line. The
balance of matters relating to the details of Clark Road paving shall be
addressed in the developer s agreement. Timing and other matters related to
Clark Road shall be addressed in a developer agreement with the City.
6. At the Developer's option, either five-foot-high serpentine masonry screen
walls or an irrigated, City approved, landscaped buffer with berms will be
installed along both sides of Clark Road for its entire length. Such walls or
buffer will be provided by parcel developers with the Master Developer
providing said walls or buffers in front of ponds, open space, etc. All access
GLKA TEL : 407-839-1789 Apr 12 ,91 16 :29 No .033 P .09
rights to Clark Road shall be dedicated to the City of Ocoee except at points
delineated on the approved Land Use Plan Amendment.
7. A total commercial land area of 15.2 acres with 125,000 square feet of
commercial building floor space is approved as specified in the Land Use Plan.
8. The minimum living area for multi-story apartment dwellings shall be 750
square feet; 1,000 square feet for duplexes, villas, townhomes, and patio
homes;and 1,200 square feet for all single family detached dwellings per
Section 13.11 Subsection (2i).
9. A conceptual drainage report providing a general description and layout of
Stormwater Management Facilities shall be provided with the Development
Plan submittal. Additionally, the stormwater collection improvements shall be
a closed system, except in limited cases where open drainage would be
suitable, as recommended by the City Engineer.
10. When the stormwater is proposed to discharge into a lake without a positive
outfall,the pond design shall detain the 100-year storm event. The pond shall
be designed to evacuate an average daily volume equivalent to one inch of
runoff from the total area contributing to the pond.
11. Provide compensating storage for all flood water displaced by development
below the elevation of the 100-year flood. Compensating storage is to be
accomplished between the normal high-water elevation and the estimated
100-year flood elevation.
12. All typical subdivision design standards and regulations shall be adhered to by
the developer except as permitted herein.
13. Clark Road shall be constructed with sleeves for irrigated landscaped median
consistent with City design for Clark Road its entire length through the
project, and access openings shall be provided no more often than per the
Clark Road Engineer's Report (8/5/90) unless otherwise shown on the 10/25/90
plan. The developer shall be credited for 100 percent of the cost of the median
improvements against transportation impact fees. The procedures for the
approval and granting of such impact fee credits shall be addressed in a
developer agreement with the City.
14. A minimum of two off-street parking spaces per residential unit shall be
provided behind the front yard setback line in Tracts D, E, and G. Deed
restrictions shall be required at the time of plat approval limiting parking in
the front yard to two vehicles (autos and light duty trucks only) situated on a
paved surface.
15. Sidewalks five (5) feet in width shall be provided along both sides of Clark
Road and on one side of Hackney Prairie Road within the project boundaries.
Sidewalks to be provided by parcel developers with the Master Developer
providing sidewalks in front of pond, etc. Said sidewalls along Hackney Prairie
Road'to be provided by City.
GLK A TEL : 407-839-1789 Apr 12 , 91 16 :29 No .033 P . 10
16. Specific details pertaining to the Emergency Access Road extending westerly
from the site and connecting to Marlene Drive shall be outlined on the
Development Plan including general routing, width, type of base, access
controls and easement agreements. The Emergency Access Road shall be
constructed prior to issuance of any Certificates of Occupancy in Phase I.
17. Traffic improvements to be provided by the developer (in addition to those
otherwise required for Development Plan approval) shall include appropriate
by-pass, turning, acceleration and deceleration lanes as required at the
following locations:
A. The intersection of Clark Road and A.D. Mims Road (Phase I)
B. The intersection of A.D. Mims Road and Apopka-Vineland Road (Phase I).
C. The intersection of Street "A" and A.D. Mims Road when Street "A"
connects to A.D. Mims Road.
D. The intersection of Clark Road and Hackney Prairie Road -
75% responsibility of intersection cost with 100% credit for Master
Developer expenditures.
In addition, left-turning lanes shall be provided at every access or street
intersection onto Clark Road within the development. Also, traffic signals
shall be installed when warranted at the intersection of Clark Road and A.D.
Mims Road and Apopka-Vineland Road and A.D. Mims Road. The developer
shall be credited against transportation impact fees for 50 percent of the cost
of all intersection improvements installed by him at Clark Road and A.D. Mims
Road and credited 100 percent of the cost of all intersection improvements
installed by him at A.D. Mims Road and Apopka-Vineland Road.
18. The developer shall be credited against traffic impact fees for improvements
(but excluding land contributions) to Clark Road. Such credits shall be in
accordance with the applicable traffic impact fee ordinance or developers
agreement with the City.
Should any additional impact fees be enacted during the development of
the project,the developer or subsequent individual builders shall pay the
appropriate fees.
Dedication of park land to the City, over and above that which is
required for the PUD shall be credited against applicable park impact
fees in accordance with the Park Impact Fee Ordinance.
19. Tract D within the Development shall correspond with Tracts E and G to only
provide for the construction of Townhomes, Villas, and Patio Homes with a
minimum of 1,200 square feet average living space required.
20. Street "As shall be constructed as a 60' ROW with a paving width of 24' prior
to Certificates of Occupancy for any portion of Tract C.
GLK A TEL : 40T-3'59-17.'39 Apr 12 , 91 10 : 29 No .033 P . 11
21. Prior to the issuance of any building permit for any portion of the project, the
developer shall commence the design and construction of Clark Road from
A.D. Mims Road north to Clarcona-Ocoee Road, all in accordance with a
developer agreement with the City. Prior to the issuance of any Certificate of
Occupancyfor the project, Clark Road shall be designed and constructed and
dedicatedtoand accepted by the City from A.D. Mims Road north to Clarcona-
Ocoee Road, all in accordance with a developer agreement with the City.
22. The developer shall enter a developer agreement acceptable to the City
addressing the construction of Clark Road and Hackney-Prairie Road and road
impact fee credits with respect thereto. In the event of any conflict between
the developer agreement and the Land Use Plan or these Conditions of
Approval, the terms of the developer agreement shall control.
23. Retention areas for developed parcels will be owned and maintained by a
homeowner's association unless otherwise agreed to by the City.
24. All matters set forth on the Land Use Plan are incorporated herein by
reference and made a part of these Conditions of Approval.
25. Whenever the term "developer" is used herein, the same shall be taken and
construed to mean Silvestri Investments of Florida, Inc. All obligations,
liabilities, and responsibilities incurred by or imposed by these Conditions of
Approval shall be assumed by and be enforceable against any successor-in-
interest to the developer,as the overall developer of the PUD.
26. These Conditions of Approval supercede and repeal all prior approvals by the
City including, but not limited to, the Preliminary Master Plan dated
September 25, 1986, as approved by the Ocoee City Commission on December
9, 1986.
Approved by the Ocoee City Commission under agenda item at a public
hearing held on , 1991.
2)2•I
��1
EXHIBIT "D" PARCELS 131 & 132
sL&1t1 1IaAD PROPOi'b cennluon
A PORTION OF A STRIP OF LAND BEING 100.00 FEET IN WIDTH LOCATED IN
SECTIONS 4,9, 16 AND 21, TOWNSHIP 22 SOUTH, RANGE 28 EAST, LYING
50.00 FEET, PERPENDICULAR MEASURE, ON EITHER SIDE OF THE FOLLOWING
DESCRIBED CENTERLINE, BEING BOUNDED ON THE SOUTH BY THE NORTH LINE
OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION
21 AND BOUNDED ON THE NORTH BY THE SOUTH RIGHT-OF-WAY LINE OF
CLARCONA OCOEE ROAD, AS MAINTAINED BY ORANGE COUNTY, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS;
COMMENCE AT THE SOUTHWEST CORNER OF SAID SECTION 21 FOR
A POINT OF REFERENCE; THENCE, ALONG THE SOUTH LINE OF
SAID SOUTHWEST QUARTER, RUN NORTH 89'50'17" EAST, 1632.88
FEET; THENCE, DEPARTING SAID SOUTH LINE, RUN NORTH
00'11' 19" WEST, 1250.07 FEET TO THE POINT OF CURVATURE OF
A CURVE CONCAVE SOUTHEASTERLY; THENCE RUN NORTHEASTERLY,
ALONG SAID CURVE HAVING A RADIUS LENGTH OF 1241.00 FEET,
A CENTRAL ANGLE OF 03'42'13", AN ARC LENGTH OF 80.22
FEET, A CHORD LENGTH OF 80.20 FEET AND A CHORD BEARING OF
NORTH 01'39'48" EAST TO A POINT ON THE AFORESAID NORTH
LINE OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF
SECTION 21, SAID POINT BEING THE POINT OF BEGINNING;
THENCE CONTINUE NORTHEASTERLY, ALONG SAID CURVE, HAVING
A RADIUS LENGTH OF 1241.00 FEET, A CENTRAL ANGLE OF
]8 '00' 58", AN ARC LENGTH OF 823 .40 FEET, A CHORD LENGTH
OF 808 . 38 FEET AND A CHORD BEARING OF NORTH 22'31' 23"
EAST TO THE POINT OF TANGENCY; THENCE RUN NORTH 4 1' 31'50"
EAST, 591 .82 FEET TO THE POINT OF CURVATURE OF A CURVE
CONCAVE NORTHWESTERLY; THENCE RUN NORTHEASTERLY, ALONG
SAID CURVE, HAVING A RADIUS LENGTH OF 1241.00 FEET, A
CENTRAL ANGLE OF 41' 20'59", AN ARC LENGTH OF 895.62 FEET,
A CHORD LENGTH OF 876. 31 FEET AND A CHORD BEARING OF
NORTH 20'51' 18" EAST TO THE POINT OF TANGENCY; THENCE RUN
NORTH 00' LO'51" EAST, 1953 .79 FEET TO THE NORTHWEST
CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 21, SAID
POINT ALSO BEING THE SOUTHEAST CORNER OF THE SOUTHWEST
QUARTER OF SAID SECTION 16; THENCE, CONTINUE NORTH
00' 10' 51" EAST, ALONG THE EAST LINE OF THE SOUTHWEST
QUARTER OF SAID SECTION 16, A DISTANCE OF 2664. 10 FEET TO
THE NORTHWEST CORNER OF THE SOUTHEAST QUARTER OF SAID
SECTION 16; THENCE, CONTINUE NORTH 00' 10'51" EAST, ALONG
THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION
16, A DISTANCE OF 1084.03 FEET-TO THE POINT OF CURVATURE
OF A CURVE CONCAVE TO THE SOUTHEAST; THENCE, DEPARTING
- SAID WEST LINE, RUN NORTHEASTERLY, ALONG SAID CURVE,
RLAVING A RADIUS LENGTH OF 1909.86 FEET, A CENTRAL ANGLE
OF 45' 12 '49", AN ARC LENGTH OF 1507. 12 FEET, A CHORD
LENGTH OF 1468. 31 FEET AND A CHORD BEARING OF NORTH
22 '47'18" EAST TO THE POINT OF TANGENCY THEREOF; THENCE
RUN NORTH 45'23 '39" EAST, A DISTANCE OF 300.01 FEET TO
THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE
NORTHWEST; THENCE RUN NORTHEASTERLY, ALONG SAID CUR'/E,
RAVING A RADIUS LENGTH OF 1909.86 FEET, A CENTRAL ANGLE
OF 60'01'02", AN ARC LENGTH OF 2000.58 FEET, A CHORD
LENGTH OF 1910. 36 FEET AND A CHORD BEARING OF NORTH
15'23 '08" EAST TO THE POINT OF TANGENCY THEREOF; THENCE
RUN NORTH 14'37 '23" WEST, A DISTANCE OF 720.00 FEET TO
THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE EAST;
THENCE RUN NORTHERLY, ALONG SAID CURVE, HAVING A RADIUS
LENGTH 3274 .05 FEET, A CENTRAL ANGLE OF 17'00'08", AN ARC
LENGTH OF 971.56 FEET, A CHORD LENGTH OF 968.00 FEET AND
A CHORD BEARING OF NORTH 06'07' 19" WEST TO THE POINT OF
TANGENCY; THENCE RUN NORTH 2'22'45" EAST, A DISTANCE OF
239.98 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE
TO THE WEST; THENCE RUN NORTHERLY, ALONG SAID CURVE,
HAVING A RADIUS LENGTH OF 3274.05 FEET, A CENTRAL ANGLE
OF 21'09' 36", AN ARC LENGTH OF 1209.14 FEET, A CHORD
LENGTH OF 1202.28 FEET AND A CHORD BEARING OF NORTH
08'12'03" WEST TO POINT OF TANGENCY; THENCE RUN NORTH
18'46'51" WEST, A DISTANCE OF 239.98 FEET TO THE POINT OF
CURVATURE OF A CURVE CONCAVE TO THE NORTHEAST; THENCE RUN
NORTHWESTERLY, ALONG SAID CURVE, HAVING A RADIUS LENGTH
OF 3274.05 FEET, A CENTRAL ANGLE OF 19'56'58", AN ARC
LENGTH OF 1139.96 FEET, A CHORD LENGTH OF 1134.21 FEET
AND A CHORD BEARING OF NORTH 08.48'22" WEST TO THE POINT
OF TANGENCY; THENCE RUN NORTH 01'10'07" EAST, A DISTAIICF,
•
SHEET 1 of 5
3," ,-J S
•
OF 2597.84 FEET TO THE POINT OF CURVATURE OF A CURVE
CONCAVE TO THE SOUTHWEST; THENCE RUN NORTHWESTERLY, ALONG
SAID CURVE, HAVING A RADIUS t.EPICTI( 1909.65 FEET, A
GEH?R.AL /MOLE or 24'38' 13", AN ARC LENGTH OF 820. 12 FEET,
A CHORD LENGTH OF 813 .84 FEET AND A CHORD BEAP.ING OF
NORTH 11'08 '00" WEST TO THE POINT OF TANGENCY: THENCE RUN
NORTH 23 '25'06" WEST, A DISTANCE OF 339. 25 FEET TO THE
POINT OF TERMINUS, SAID POINT LIES 594 . 27 FEET SOUTH AND
335 .51 FEET EAST OF THE NORTHWEST CORNER OF THE NORTUMAST
7r/AnTER or SAtt! SECTION 4.
LYING WITHIN THOSE LANDS AS RECORDED IN OFFICIAL RECORDS BOOK 3836,
PAGE 4019 or THE PUBLIC RFCOROS Or ORANGE COUNTY, FLORIDA, THOSE
LANDS BEING DESCRIBED AS FOLLOWS:
NORTH 1/2 OF NORTHEAST 1/4 AND SOUTHWEST 1/4 OF THE
NORTHEAST 1/4 AND SOUTHEAST 1/4 NORTH OF RAILROAD, ALL IN
SECTION 9, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE
COUNTY, FLORIDA
AND
TUE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 AND SOUTH 500 FT.
OF THE WEST 1/2 OF NORTHEAST 1/4 OF THE SOUTHEAST 1/4 AND
THE EAST 1/2 OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4
AND THE SOUTHEAST 1/4 OF THE SOUTHwFST 1/4 AND THE EAST
1/2 OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 AND THE
SOUTH 1/2 OF THE SOUTHEAST 1/4 (LESS THE NORTHEAST 1/4 OF
THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 AND LESS THE NORTH
100 FEET OF THE WEST 230 FEET OF THE SOUTHEAST 1/4 OF THE
SOUTHEAST 1/4 or THE SOUTHEAST 1/4) ALL IN SECTION 4,
TOWNSHIP 22 SOUTH, RANGE 29 EAST, ORANGE COUNTY, FLORIDA.
THE ABOVE STRIP OF LAND LIES IN ORANGE COUNTY, FLORIDA AND CONTAINS
13.086 ACRES, MORE OR LESS.
TOGETHER WITH THE FOLLOWING:
or*.
PARCELS 134 & 135
A STRIP OP LAND BEING A PORTION OP THE NORTHEAST QUARTER OP SECTION
4, TOWNSHIP 22 SOUTH, RANGE 28 EAST, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
PORTION OP 1]R
COMMENCE AT THE SOUTHWEST CORNER OF SECTION 21, TOWNSHIP
22 SOUTH, RANGE 28 EAST, FOR A POINT OF REFERENCE;
THENCE, ALONG THE SOUTH LINE OF THE SOUTHWEST QUARTER OP
SAID SECTION 21, RUN NORTH 89.50' 17" EAST, 1632.88 FEET;
THENCE, DEPARTING SAID SOUTH LINE, RUN NORTH 00'11' 19"
WEST, 1250.07 FEET TO THE POINT OF CURVATURE OF A CURVE
CONCAVE SOUTHEASTERLY; THENCE RUN NORTHEASTERLY, ALONG
SAID CURVE HAVING A RADIUS LENGTH OF 1241.00 FEET, A
CENTRAL ANGLE OF 41'43'09", AN ARC LENGTH OF 903.62 FEET,
A CHORD LENGTH OF 883.79 FEET AND A CHORD BEARING OF
NORTH 20'40' 16" EAST TO THE POINT OF TANGENCY; THENCE RUN
NORTH 41'31'50" EAST, 591.82 FEET TO TUE POINT OP
CURVATURE OF A CURVE CONCAVE NORTHWESTERLY; THENCE RUN
NORTHEASTERLY, ALONG SAID CURVE, HAVING A RADIUS LENGTH
OF 1241.00 FEET, A CENTRAL ANGLE OF 41'20'59", AN ARC
LENGTH OF 895.61 FEET, A CHORD LENGTH OF 876. 30 FEET AND
A CHORD BEARING OF NORTH 20'51'20" EAST TO THE POINT OF
TANGENCY; THENCE RUN NORTH 00'10'51" EAST, 5701.93 FEET
TO THE POINT OF CURVATURE OF A CURVE CONCAVE SOUTHEASTER-
LY; THENCE RUN NORTHEASTERLY, ALONG SAID CURVE HAVING A
RADIUS LENGTH OF 1909.86 FEET, A CENTRAL ANGLE OF
49'12'49", AN ARC LENGTH OF 1507. 12 FEET, A CHORD LENGTH
OF 1468. 31 FEET AND A CHORD BEARING OF NORTH 22'47'15"
EAST TO THE POINT OF TANGENCY; THENCE RUN NORTH 45'23'39"
EAST, 300.01 FEET TO THE POINT OF CURVATURE OF A CURVE
CONCAVE NORTHWESTERLY: THENCE RUN NORTHEASTERLY, ALONG
SAID CURVE, HAVING A RADIUS LENGTH OF 1909.86 FEET, A
CENTRAL ANGLE OF 60'01'02", AN ARC LENGTH OF 2000.58
FEET, A CHORD LENGTH OF 1910.36 FEET AND A CHORD BEARING
OF NORTH 15'23'08" EAST, TO THE POINT OF TANGENCY; THENCE
RUN NORTH 14'37'23" WEST, 720.00 FEET TO THE POINT OF
CURVATURE OF A CURVE CONCAVE EASTERLY; THENCE RUN
NORTHERLY, ALONG SAID CURVE HAVING A RADIUS LENGTH OF
3274.04 FEET, A CENTRAL ANGLE OF 17'00'08", AN ARC LENGTH
OF 971.56 FEET, A CHORD LENGTH OF 968.00 FEET AND A CHORD
BEARING OF NORTH 06'07'19" WEST TO THE POINT OF TANGENCY;
THENCE RUN NORTH 02'22'45" EAST, 239.98 FEET TO THE POINT
OF CURVATURE OF A CURVE CONCAVE WESTERLY; THENCE RUN
NORTHERLY, ALONG SAID CURVE, HAVING A RADIUS LENGTH OF
3274.04 FEET, A CENTRAL ANGLE OF 21'09'36", AN ARC LENGTH
OF 1209. 14 FEET, A CHORD LENGTH OF 1202.28 FEET AND A
CHORD BEARING OF NORTH 08'12'03" WEST TO THE POINT OF
TANGENCY; THENCE RUN NORTH 18'46'51" WEST, 239.98 FEET TO
THE POINT OF CURVATURE OF A CURVE CONCAVE EASTERLY;
THENCE RUN NORTHERLY, ALONG SAID CURVE HAVING A RADIUS
LENGTH OF 3274.04 FEET, A CENTRAL ANGLE OF 19'56'58", AN
ARC LENGTH OF 1139.96 FEET, A CHORD LENGTH OF 1134.21
FEET AND A CHORD BEARING OF NORTH 08'48'22" WEST TO THE
POINT OF TANGENCY; THENCE RUN NORTH 01'10'07" EAST,
2697.84 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE
WESTERLY; THENCE RUN NORTHERLY, ALONG SAID CURVE, HAVING
A RADIUS LENGTH OF 1909.86 FEET, A CENTRAL ANGLE or
24'36'13", AN ARC LENGTH OF 820.12 FEET, A CHORD LENGTH
OF 813.84 FEET AND A CHORD BEARING OF NORTH 11'08'00"
WEST TO THE POINT OF TANGENCY; THENCE RUN NORTH 23'26'06"
WEST 256.33 FEET TO THE POINT OF BEGINNING; THENCE RUN
SOUTH 89'50'46" WEST, 54.43 FEET; THENCE RUN NORTH
23'26'06" WEST, 61.41 FEET; THENCE RUN NORTH 66'33'54"
EAST, 100.00 FEET; THENCE RUN SOUTH 23'26'06" EAST 104.44
FEET; THENCE RUN SOUTH 89'50'46" WEST, 54.43 FEET TO THE
POINT OF BEGINNING;
TOGETHER WITH:
A STRIP OF LAND BEING A PORTION OF THE NORTHEAST QUARTER OF SECTION
4, TOWNSHIP 22 SOUTH, RANGE 28 EAST, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS;
PORTION OP 134
COMMENCE AT THE SOUTHWEST CORNER OF SECTION 21, TOWNSHIP
22 SOUTH, RANGE 28 EAST, FOR A POINT OF REFERENCE;
THENCE, ALONG THE SOUTH LINE OF THE SOUTHWEST QUARTER OF
SAID SECTION 21, RUN NORTH 89'50'17" EAST, 1632.88 FEET;
THENCE, DEPARTING SAID SOUTH LINE, RUN NORTH 00'11'19"
WEST, 1250.07 PEET TO THE POINT OF CURVATURE OF A CURVE
CONCAVE SOUTHEASTERLY: THENCE RUN NORTHEASTERLY, ALONG
SAID CURVE HAVING A RADIUS LENGTH OF 1241.00 PEET, A
CENTRAL ANGLE OF 41'43'09", AN ARC LENGTH OF 903.62 FEET,
A CHORD LENGTH OF 883.79 FEET AND A CHORD BEARING OF
NORTH 20'40' 16" EAST TO THE POINT OF TANGENCY; THENCE RUN
NORTH 41'31'50" EAST, 591.82 FEET TO THE POINT OF
SHEET 3 of 5
CURVATURE Or IkluRvli CONCAVE NORTHWESTERLY; THE. .i RUN
NORTHEASTERLY, ALONG SAID CURVE, HAVING A RADIUS LENGTH
Or 1241.00 FEET, A CENTRAL ANGLE or 41'20'59", AN ARC
LENGTH OF 896.61 PEST, A CHORD LENGTH OF 876.30 FEET AND
A CHORD BEARING OF NORTH 20'51'20" EAST TO THE POINT OF
TANGENCY; THENCE RUN NORTH 00'10'51" EAST, 5701.93 FEET
TO THE POINT OF CURVATURE OF A CURVE CONCAVE SOUTHEASTER-
LY: THENCE RUN NORTHEASTERLY, ALONG SAID CURVE HAVING A
RADIUS LENGTH Or 1909.86 FEET, A CENTRAL ANGLE OP
49'12'49", AN ARC LENGTH OF 1507. 12 FEET, A CHORD LENGTH
OF 1468.71 FEET AND A CHORD BEARING OF NORTH 22'47' 15"
EAST TO THE POINT OF TANGENCY; THENCE RUN NORTH 45'23'39"
EAST, 300.01 FEET TO THE POINT OF CURVATURE OF A CURVE
CONCAVE NORTHWESTERLY; THENCE RUN NORTHEASTERLY, ALONG
SAID CURVE, HAVING A RADIUS LENGTH OF 1909.86 FEET, A
CENTRAL ANGLE OF 60'01'02", AN ARC LENGTH OP 2000.58
FEET, A CHORD LENGTH OP 1910. 36 FEET AND A CHORD BEARING
OF NORTH 15'23'08" EAST, TO THE POINT OF TANGENCY; THENCE
RUN NORTH 14'37'23" WEST, 720.00 FEET TO THE POINT OF
CURVATURE OF A CURVE CONCAVE EASTERLY; THENCE RUN
NORTHERLY, ALONG SAID CURVE HAVING A RADIUS LENGTH Or
3274.04 FEET, A CENTRAL ANGLE OF 17'00'08", AN ARC LENGTH
OF 971.56 FEET, A CHORD LENGTH OF 968.00 FEET AND A CHORD
BEARING OF NORTH 06'07' 19" WEST TO THE POINT OP TANGENCY;
THENCE RUN NORTH 02'22'45" EAST, 239.98 FEET TO THE POINT
OF CURVATURE Or A CURVE CONCAVE WESTERLY; THENCE RUN
NORTHERLY, ALONG SAID CURVE, HAVING A RADIUS LENGTH OF
3274.04 FEET, A CENTRAL ANGLE OF 21'09'36", AN ARC LENGTH
OF 1209. 14 FEET, A CHORD LENGTH OF 1202.28 FEET AND A
CHORD BEARING OF NORTH 08'12'03" WEST TO THE POINT OF
TANGENCY; THENCE RUN NORTH 18'46'51" WEST, 239.98 FEET TO
THE POINT OF CURVATURE OF A CURVE CONCAVE EASTERLY;
THENCE RUN NORTHERLY, ALONG SAID CURVE HAVING A RADIUS
LENGTH OF 3274.04 FEET, A CENTRAL ANGLE OF 19.56'58", AN
ARC LENGTH OF 1139.96 FEET, A CHORD LENGTH OF 1134.21
FEET ANO A CHORD BEARING OF NORTH 08'48'22" WEST TO THE
POINT OF TANGENCY; THENCE RUN NORTH 01'10'07" EAST,
2697.84 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE
WESTERLY; THENCE RUN NORTHERLY, ALONG SAID CURVE, HAVING
A RADIUS LENGTH OF 1909.86 PEST, A CENTRAL ANGLE OF
10'59'24", AN ARC LENGTH Or 366.34 FEET, A CHORD LENGTH
OF 365.77 FEET AND A CHORD BEARING OF NORTH 04.19'75"
WEST; THENCE RUN NORTH 89'41'19" EAST 35.03 FEET TO THE
POINT OF BEGINNING; THENCE RUN NORTH 01'09'37" EAST,
74.95 FEET TO A POINT ON A NON-TANGENT CURVE CONCAVE
WESTERLY; THENCE RUN SOUTHERLY, ALONG SAID CURVE HAVING
A RADIUS LENGTH OF 1959.86 FEET, A CENTRAL ANGLE OF
02'13'37", AN ARC LENGTH OF 76.17 FEST, A CHORD LENGTH OF
76.17 FEET AND A CHORD BEARING OF SOUTH 10'41'24" EAST;
THENCE RUN SOUTH 89'41'19" WEST, 15.65 FEET TO THE POINT
OP BEGINNING;
THE ABOVE DESCRIBED STRIP OF LAND LIES IN ORANGE COUNTY, FLORIDA
AND CONTAINS 0.204 ACRES, MORE OR LESS.
TOGETHER WITH THE FOLLOWING:
SHEET 4 of 5
I I Nt - __ -
PARCEL 133
A STRIP OP LAND BEING A PORTION OP THE EAST HALF OF SECTION 4,
TOWNSHIP 22 SOUTH, RANGE 28 EAST AND A PORTION OF THE EAST QUARTER
OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION
4, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF SECTION 21, TOWNSHIP
22 SOUTH, RANGE 28 EAST FOR A POINT OF REFERENCE; THENCE,
ALONG THE SOUTH LINE OF THE SOUTHWEST QUARTER OP SAID
SECTION 21, RUN NORTH 89'50'17" EAST, 1632.88 FEET;
THENCE, DEPARTING SAID SOUTH LINE, RUN NORTH 00'11'19"
WEST, 1250.07 FEET TO THE POINT OF CURVATURE OF A CURVE
CONCAVE SOUTHEASTERLY; THENCE RUN NORTHEASTERLY, ALONG
SAID CURVE HAVING A RADIUS LENGTH OF 1241.00 FEET, A
CENTRAL ANGLE OF 41'43'09", AN ARC LENGTH OF 903.62 FEET,
A CHORD LENGTH OF 883.79 FEET AND A CHORD BEARING OF
NORTH 20'40'16" EAST TO THE POINT OF TANGENCY; THENCE RUN
NORTH 41'31'50" EAST, 591.82 FEET TO THE POINT OF
CURVATURE OF A CURVE CONCAVE NORTHWESTERLY; THENCE RUN
NORTHEASTERLY, ALONG SAID CURVE, HAVING A RADIUS LENGTH
OF 1241.00 FEET, A CENTRAL ANGLE OF 41'20'59", AN ARC
LENGTH OF 895.61 FEET, A CHORD LENGTH OF 876.30 FEET AND
A CHORD BEARING OF NORTH 20'51'20" EAST TO THE POINT OF
TANGENCY; THENCE RUN NORTH 00'10'51" EAST, 5701.93 FEET
TO THE POINT OF TANGENCY OF A CURVE CONCAVE TO THE
SOUTHEAST; THENCE RUN NORTHEASTERLY, ALONG SAID CURVE,
HAVING A RADIUS LENGTH OF 1909.86 FEET, A CENTRAL ANGLE
OF 45'12'49", AN ARC LENGTH OF 1507.12 FEET, A CHORD
LENGTH OF 1468.31 FEET AND A CHORD BEARING OF NORTH
22'47'15" EAST TO THE POINT OF TANGENCY; THENCE RUN NORTH
45. 23' 39" EAST, A DISTANCE OF 300.01 FEET TO THE POINT
OF CURVATURE OF A CURVE CONCAVE TO THE NORTHWEST; THENCE
RUN NORTHEASTERLY, ALONG SAID CURVE, HAVING A RADIUS
LENGTH OF 1909.86 FEET, A CENTRAL ANGLE OF 60'01'02", AN
ARC LENGTH OF 2000.58 FEET, A CHORD LENGTH OF 1910.36
FEET AND A CHORD BEARING OF NORTH 15'23'08" EAST TO THE
POINT OF TANGENCY; THENCE RUN NORTH 14' 37'23" WEST, A
DISTANCE OF 720.00 FEET TO THE POINT OF CURVATURE OF A
CURVE CONCAVE TO THE EAST; THENCE RUN NORTHERLY, ALONG
SAID CURVE, HAVING A RADIUS LENGTH OF 3274.04 FEET, A
CENTRAL ANGLE OF 17'00'08", AN ARC LENGTH OF 971.56 FEET,
A CHORD LENGTH OF 968.00 FEET AND A CHORD BEARING OF
NORTH 06'07'19" WEST TO THE POINT OF TANGENCY; THENCE RUN
NORTH 02'22'45" EAST, A DISTANCE OF 239.98 FEET TO THE
POINT OF CURVATURE OF A CURVE CONCAVE TO THE WEST; THENCE
RUN NORTHERLY, ALONG SAID CURVE, HAVING A RADIUS LENGTH
OF 3274.04 FEET, A CENTRAL ANGLE OP 21'09'36", AN ARC
LENGTH OF 1209.14 FEET, A CHORD LENGTH OP 1202.28 FEET
AND A CHORD BEARING OF NORTH 08'12'03" WEST TO THE POINT
OF TANGENCY; THENCE RUN NORTH 18'46'51" WEST, A DISTANCE
OF 239.98 FEET TO THE POINT OF CURVATURE OF A CURVE
CONCAVE TO THE NORTHEAST; THENCE RUN NORTHWESTERLY, ALONG
SAID CURVE, HAVING A RADIUS LENGTH OF 3274.05 FEET, A
CENTRAL ANGLE OF 19'56'58", AN ARC LENGTH OF 1139.96
FEET, A CHORD LENGTH OF 1134.21 FEET AND A CHORD BEARING
OF NORTH 08'48'22" WEST TO THE POINT OF TANGENCY; THENCE
RUN NORTH 01'10'07" EAST, 400.00 FEET TO THE POINT OF
BEGINNING; THENCE RUN SOUTH 89'34'34" WEST, 50.01 FEET;
THENCE RUN NORTH 01'10'07" EAST, 2299.23 FEET TO THE
POINT OP CURVATURE OF A CURVE CONCAVE TO THE SOUTHWEST;
THENCE RUN NORTHWESTERLY, ALONG SAID CURVE, HAVING A
RADIUS LENGTH OF 1859.86 FEET, A CENTRAL ANGLE OF
24'36'13", AN ARC LENGTH OF 798.65 FEET, A CHORD LENGTH
OF 792.53 FEET AND A CHORD BEARING OF NORTH 11'08'00"
WEST TO THE POINT OF TANGENCY; THENCE RUN NORTH 23'26'06"
WEST,277.85 FEET; THENCE RUN NORTH 89'50'46" EAST, 108.86
FEET; THENCE RUN SOUTH 23'26'06" EAST 234.82 FEET TO THE
POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHWEST;
THENCE RUN SOUTHEASTERLY ALONG SAID CURVE, HAVING A
RADIUS LENGTH OF 1959.86 FEET, A CENTRAL ANGLE OF
11'37'22", AN ARC LENGTH OF 397.57 FEET, A CHORD LENGTH
OF 396.88 FEET AND A CHORD BEARING OF SOUTH 17'37'25"
EAST; THENCE RUN, NON-RADIAL TO SAID CURVE, SOUTH
01'10'07" WEST, 2738.08 FEET TO THE POINT OF BEGINNING.
THE ABOVE DESCRIBED STRIP OF LAND LIES IN ORANGE COUNTY, FLORIDA
AND CONTAINS 4.769 ACRES, MORE OR LESS.
SHEET 5 of 5
--_-_-- 1
EXHIBIT "E" PARCELS 131 & 132
,.r roll !IOAo PNOPO/1D CCIUI1I Il
A PORTION OF A STRIP OF LAND BEING 100.00 FEET IN WIDTH LOCATED IN
SECTIONS 4,9, 16 AND 21, TOWNSHIP 22 SOUTH, RANGE 28 EAST, LYING
50.00 FEET, PERPENDICULAR MEASURE, ON EITHER SIDE OF THE FOLLOWING
DESCRIBED CENTERLINE, BEING BOUNDED ON THE SOUTH BY THE NORTH LINE
OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION
21 AND BOUNDED ON THE NORTH BY THE SOUTH RIGHT-OF-WAY LINE OF
CLARCONA OCOEE ROAD, AS MAINTAINED BY ORANGE COUNTY, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS;
COMMENCE AT THE SOUTHWEST CORNER OF SAID SECTION 21 FOR
A POINT OF REFERENCE; THENCE, ALONG THE SOUTH LINE OF
SAID SOUTHWEST QUARTER, RUN NORTH 89'50'17" EAST, 1632.88
FEET; THENCE, DEPARTING SAID SOUTH LINE, RUN NORTH
00' 11' 19" WEST, 1250.07 FEET TO THE POINT OF CURVATURE OF
A CURVE CONCAVE SOUTHEASTERLY; THENCE RUN NORTHEASTERLY,
ALONG SAID CURVE HAVING A RADIUS LENGTH OF 1241.00 FEET,
A CENTRAL ANGLE OF 03'42' 13", AN ARC LENGTH OF 80.22
FEET, A CHORD LENGTH OF 80.20 FEET AND A CHORD BEARING OF
NORTH 01'39'48" EAST TO A POINT ON THE AFORESAID NORTH
LINE OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF
SECTION 21, SAID POINT BEING THE POINT OF BEGINNING;
THENCE CONTINUE NORTHEASTERLY, ALONG SAID CURVE, HAVING
A RADIUS LENGTH OF 1241.00 FEET, A CENTRAL ANGLE OF
38'00'58", AN ARC LENGTH OF 823 . 40 FEET, A CHORD LENGTH
OF 808. 38 FEET AND A CHORD BEARING OF NORTH 22'31'23"
EAST TO THE POINT OF TANGENCY; THENCE RUN NORTH 4 1' 3 1'50"
EAST, 591 .82 FEET TO THE POINT OF CURVATURE OF A CURVE .
CONCAVE NORTHWESTERLY; THENCE RUN NORTHEASTERLY, ALONG
SAID CURVE, HAVING A RADIUS LENGTH OF 1241.00 FEET, A
CENTRAL ANGLE OF 41'20'59", AN ARC LENGTH OF 895.62 FEET,
A CHORD LENGTH OF 876. 31 FEET AND A CHORD BEARING OF
NORTH 20'51 ' 18" EAST TO THE POINT OF TANGENCY; THENCE RUN
NORTH 00' 10'51" EAST, 1953 .79 FEET TO THE UORTIHIEST
CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 21, SAID
POINT ALSO BEING THE SOUTHEAST CORNER OF THE SOUTHWEST
QUARTER OF SAID SECTION 16; THENCE, CONTINUE NORTH
00 ' 10'51" EAST, ALONG THE EAST LINE OF THE SOUTHWEST
QUARTER OF SAID SECTION 16, A DISTANCE OF 2664 . 10 FEET TO
THE NORTHWEST CORNER OF THE SOUTHEAST QUARTER OF SAID
SECTION 16; THENCE, CONTINUE NORTH 00' 10'51" EAST, ALONG
THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION
16, A DISTANCE OF 1084 .03 FEET TO THE POINT OF CURVATURE
OF A CURVE CONCAVE TO THE SOUTHEAST; THENCE, DEPARTING
- SAID WEST LINE, RUN NORTHEASTERLY, ALONG SAID CURVE,
RAVING A RADIUS LENGTH OF 1909.96 FEET, A CENTRAL ANGLE
OF 45' 12 '49", AN ARC LENGTH OF 1507. 12 FEET, A CHORD
LENGTH OF 1468. 31 FEET AND A CHORD BEARING OF NORTH
22'47' 15" EAST TO THE POINT OF TANGENCY THEREOF; THENCE
RUN NORTH 45'23 '39" EAST, A DISTANCE OF 300.01 FEET TO
THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE
NORTHWEST; THENCE RUN NORTHEASTERLY, ALONG SAID CURVE,
HAVING A RADIUS LENGTH OF 1909.86 FEET, A CENTRAL ANGLE
OF 60'01'02", AN ARC LENGTH OF 2000.58 FEET, A CHORD
LENGTH OF 1910.36 FEET AND A CHORD BEARING OF NORTH
15'23'08" EAST TO THE POINT OF TANGENCY THEREOF; THENCE
RUN NORTH 14'37'23" WEST, A DISTANCE OF 720.00 FEET TO
THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE EAST;
THENCE RUN NORTHERLY, ALONG SAID CURVE, HAVING A RADIUS
LENGTH 3274 .05 FEET, A CENTRAL ANGLE OF 17'00'08", AN ARC
LENGTH OF 971.56 FEET, A CHORD LENGTH OF 968.00 FEET AND
A CHORD BEARING OF NORTH 06.07 ' 19" WEST TO THE POINT OF
TANGENCY; THENCE RUN NORTH 2'22'45" EAST, A DISTANCE OF
239.98 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE
TO THE WEST; THENCE RUN NORTHERLY, ALONG SAID CURVE,
HAVING A RADIUS LENGTH OF 3274 .05 FEET, A CENTRAL ANGLE
OF 21'09'36", AN ARC LENGTH OF 1209. 14 FEET, A CHORD
LENGTH OF 1202.28 FEET AND A CHORD BEARING OF NORTH
08'12'03" WEST TO POINT OF TANGENCY; THENCE RUN NORTH
18'46'51" WEST, A DISTANCE OF 239.98 FEET TO THE POINT OF
CURVATURE OF A CURVE CONCAVE TO THE NORTHEAST; THENCE RUN
NORTHWESTERLY, ALONG SAID CURVE, HAVING A RADIUS LENGTH
OF 3274.05 FEET, A CENTRAL ANGLE OF 19'56'58", AN ARC
LENGTH OF 1139.96 FEET, A CHORD LENGTH OF 1134.21 FEET
AND A CHORD BEARING OF NORTH 08'48'22" WEST TO THE POINT
OF TANGENCY; THENCE RUN NORTH 01'10'07" EAST, A DISTANCE
SHEET 1 of 2
111
OF 2597.84 FEET TO THE POINT OF CURVATURE OF A CURVE
CONCAVE TO THE SOUTHWEST; THENCE RUN NORTHWESTERLY, ALONG
SAID CURVE, HAVING A RADIUS t.ENCT►f 1909.84 rEET, A
CENTAL ANGLE or 24'36' 13", AN ARC LENGTH OF 820. 12 FEET,
A CHORD LENGTH OF 813 .84 FEET AND A CHORD BEARING OF
NORTH 11'08 '00" WEST TO THE POINT OF TANGENCY: THENCE RUN
NORTH 23 '26'06" WEST, A DESTAHCE OF 339 .25 FEET TO THE
POINT OF TERMINUS, SAID POINT LIES 594 . 27 FEET SOUTH AND
]]5.51 FEET EAST OF THE NORTHWEST CORNER of THE NARTHRAYT
rai,AnTER or 8A20 SECTLON 4 .
LYING WITHIN THOSE LANDS AS RECORDED IN OFFICIAL RECORDS BOOK 3836,
PAGE 4019 or THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA, THOSE
LANDS BEING DESCRIBED AS FOLLOWS:
NORTH 1/2 OF NORTHEAST 1/4 AND SOUTHWEST 1/4 OF THE
NORTHEAST 1/4 AND SOUTHEAST 1/4 NORTH OF RAILROAD, ALL IN
SECTION 9, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE
COUNTY, FLORIDA
AND
THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 AND SOUTH 500 FT.
OF THE WEST 1/2 OF NORTHEAST 1/4 OF THE SOUTHEAST 1/4 AND
THE EAST 1/2 OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4
AND THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 AND THE EAST
1/2 OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 AND THE
SOUTH 1/2 OF THE SOUTHEAST 1/4 (LESS THE NORTHEAST 1/4 OF
THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 AND LESS THE NORTH
100 FEET OF THE WEST 230 FEET OF THE SOUTHEAST 1/4 OF THE
SOUTHEAST 1/4 OF THE SOUTHEAST 1/4) ALL IN SECTION 4,
TOWNSHIP 22 SOUTH, RANGE 29 EAST, ORANGE COUNTY, FLORIDA.
THE ABOVE STRIP OF LAND LIES IN ORANGE COUNTY, FLORIDA AND CONTAINS
13.086 ACRES, MORE OR LESS.
•
•
SHEET 2 of 2
. was - ---r-^
EXHIBIT "F" PARCEL 133
A STRIP OF LAND BEING A PORTION OF THE EAST HALF OF SECTION 4,
TOWNSHIP 22 SOUTH, RANGE 28 EAST AND A PORTION OF THE EAST QUARTER
OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION
4, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF SECTION 21, TOWNSHIP
22 SOUTH, RANGE 28 EAST FOR A POINT OF REFERENCE; THENCE,
ALONG THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID
SECTION 21, RUN NORTH 89'50'17" EAST, 1632.88 FEET;
THENCE, DEPARTING SAID SOUTH LINE, RUN NORTH 00'11'19"
WEST, 1250.07 FEET TO THE POINT OF CURVATURE OF A CURVE
CONCAVE SOUTHEASTERLY; THENCE RUN NORTHEASTERLY, ALONG
SAID CURVE HAVING A RADIUS LENGTH OF 1241.00 FEET, A
CENTRAL ANGLE OF 41'43'09", AN ARC LENGTH OP 903.62 FEET,
A CHORD LENGTH OF 883.79 FEET AND A CHORD BEARING OP
NORTH 20'40' 16" EAST TO THE POINT OF TANGENCY; THENCE RUN
NORTH 41'31'50" EAST, 591.82 FEET TO THE POINT OF
CURVATURE OF A CURVE CONCAVE NORTHWESTERLY; THENCE RUN
NORTHEASTERLY, ALONG SAID CURVE, HAVING A RADIUS LENGTH
OF 1241.00 FEET, A CENTRAL ANGLE OF 41'20'59", AN ARC
LENGTH OF 895.61 FEET, A CHORD LENGTH OF 876.30 FEET AND
A CHORD BEARING OF NORTH 20.51'20" EAST TO THE POINT OF
TANGENCY; THENCE RUN NORTH 00'10'51" EAST, 5701.93 FEET
TO THE POINT OF TANGENCY OF A CURVE CONCAVE TO THE
SOUTHEAST; THENCE RUN NORTHEASTERLY, ALONG SAID CURVE,
HAVING A RADIUS LENGTH OF 1909.86 FEET, A CENTRAL ANGLE
OF 45'12'49", AN ARC LENGTH OF 1507.12 FEET, A CHORD
LENGTH OF 1468.31 FEET AND A CHORD BEARING OF NORTH
22'47'15" EAST TO THE POINT OF TANGENCY; THENCE RUN NORTH
45. 23'39" EAST, A DISTANCE OF 300.01 FEET TO THE POINT
OF CURVATURE OF A CURVE CONCAVE TO THE NORTHWEST; THENCE
RUN NORTHEASTERLY, ALONG SAID CURVE, HAVING A RADIUS
LENGTH OF 1909.86 FEET, A CENTRAL ANGLE OF 60'01'02", AN
ARC LENGTH OF 2000.58 FEET, A CHORD LENGTH OF 1910.36
FEET AND A CHORD BEARING OF NORTH 15'23'08" EAST TO THE
POINT OF TANGENCY; THENCE RUN NORTH 14' 37'23" WEST, A
DISTANCE OF 720.00 FEET TO THE POINT OF CURVATURE OF A
CURVE CONCAVE TO THE EAST; THENCE RUN NORTHERLY, ALONG
SAID CURVE, HAVING A RADIUS LENGTH OF 3274.04 FEET, A
CENTRAL ANGLE OF 17'00'08", AN ARC LENGTH OP 971.56 FEET,
A CHORD LENGTH OF 968.00 FEET AND A CHORD BEARING OF
NORTH 06'07'19" WEST TO THE POINT OF TANGENCY; THENCE RUN
NORTH 02'22'45" EAST, A DISTANCE OF 239.98 FEET TO THE
POINT OF CURVATURE OF A CURVE CONCAVE TO THE WEST; THENCE
RUN NORTHERLY, ALONG SAID CURVE, HAVING A RADIUS LENGTH
OF 3274.04 FEET, A CENTRAL ANGLE OF 21'09'36", AN ARC
LENGTH OF 1209.14 FEET, A CHORD LENGTH OP 1202.28 FEET
AND A CHORD BEARING OF NORTH 08'12'03" WEST TO THE POINT
OF TANGENCY; THENCE RUN NORTH 18'46'51" WEST, A DISTANCE
OF 239.98 FEET TO THE POINT OF CURVATURE OF A CURVE
CONCAVE TO THE NORTHEAST; THENCE RUN NORTHWESTERLY, ALONG
SAID CURVE, HAVING A RADIUS LENGTH OF 3274.05 PEET, A
CENTRAL ANGLE OF 19'56'58", AN ARC LENGTH OP 1139.96
FEET, A CHORD LENGTH OF 1134.21 FEET AND A CHORD BEARING
OF NORTH 08'48'22" WEST TO THE POINT OF TANGENCY; THENCE
RUN NORTH 01'10'07" EAST, 400.00 FEET TO THE POINT OF
BEGINNING; THENCE RUN SOUTH 89'34134" WEST, 50.01 FEET;
THENCE RUN NORTH 01'10'07" EAST, 2299.23 FEET TO THE
POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHWEST;
THENCE RUN NORTHWESTERLY, ALONG SAID CURVE, HAVING A
RADIUS LENGTH OF 1859.86 FEET, A CENTRAL ANGLE OF
24'36'11", AN ARC LENGTH OF 798.66 FEET, A CHORD LENGTH
OF 792.53 FEET AND A CHORD BEARING OF NORTH 11'08'00"
WEST TO THE POINT OF TANGENCY; THENCE RUN NORTH 23'26106"
WEST,277.85 FEET; THENCE RUN NORTH 89'50'46" EAST, 108.86
FEET; THENCE RUN SOUTH 23'26'06" EAST 234.82 FEET TO THE
POINT OP CURVATURE OF A CURVE CONCAVE TO THE SOUTHWEST;
THENCE RUN SOUTHEASTERLY ALONG SAID CURVE, HAVING A
RADIUS LENGTH OF 1959.86 FEET, A CENTRAL ANGLE OF
11'37122", AN ARC LENGTH OF 397.57 FEET, A CHORD LENGTH
OP 396.88 FEET AND A CHORD BEARING OF SOUTH 17'37'25"
EAST; THENCE RUN, NON-RADIAL TO SAID CURVE, SOUTH
01'10'07" WEST, 2738.08 FEET TO THE POINT OF BEGINNING.
THE ABOVE DESCRIBED STRIP OF LAND LIES IN ORANGE COUNTY, FLORIDA
AND CONTAINS 4.769 ACRES, MORE OR LESS.
TOGETHER WITH THE FOLLOWING:
SHEET 1 of 3
Jr- .
PARCEL 134 & 135
A STRIP or LAND BEING A PORTION OP THE NORTHEAST QUARTER OP SECTION
4, TOWNSHIP 22 SOUTH, RANGE 28 EAST, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
PORTION OF 1]R
COMMENCE AT THE SOUTHWEST CORNER OF SECTION 21, TOWNSHIP
22 SOUTH, RANGE 28 EAST, FOR A POINT OF REFERENCE;
THENCE, ALONG THE SOUTH LINE OF THE SOUTHWEST QUARTER OP
SAID SECTION 21, RUN NORTH 89'50'17" EAST, 1632.88 FEET;
THENCE, DEPARTING SAID SOUTH LINE, RUN NORTH 00'11' 19"
WEST, 1250.07 FEET TO THE POINT OF CURVATURE OF A CURVE
CONCAVE SOUTHEASTERLY; THENCE RUN NORTHEASTERLY, ALONG
SAID CURVE HAVING A RADIUS LENGTH OF 1241.00 FEET, A
CENTRAL ANGLE OF 41'43'09", AN ARC LENGTH OF 903.62 FEET,
A CHORD LENGTH OF 883.79 FEET AND A CHORD BEARING OF
NORTH 20'40' 16" EAST TO THE POINT OF TANGENCY; THENCE RUN
NORTH 41'31'50" EAST, 591.82 FEET TO THE POINT OP
CURVATURE OF A CURVE CONCAVE NORTHWESTERLY; THENCE RUN
NORTHEASTERLY, ALONG SAID CURVE, HAVING A RADIUS LENGTH
OF 1241.00 FEET, A CENTRAL ANGLE OF 41'20'59", AN ARC
LENGTH OF 895.61 FEET, A CHORD LENGTH OF 876.30 FEET AND
A CHORD BEARING OF NORTH 20.51'20" EAST TO THE POINT OF
TANGENCY; THENCE RUN NORTH 00'10'91" EAST, 5701.93 FEET
TO THE POINT OP CURVATURE OP A CURVE CONCAVE SOUTHEASTER-
LY; THENCE RUN NORTHEASTERLY, ALONG SAID CURVE HAVING A
RADIUS LENGTH OF 1909.86 FEET, A CENTRAL ANGLE OF
49'12'49", AN ARC LENGTH OF 1507. 12 FEET, A CHORD LENGTH
OF 1468.31 FEET AND A CHORD BEARING OF NORTH 22'47'15"
EAST TO THE POINT OF TANGENCY; THENCE RUN NORTH 45'23'39"
EAST, 300.01 FEET TO THE POINT OF CURVATURE OF A CURVE
CONCAVE NORTHWESTERLY; THENCE RUN NORTHEASTERLY, ALONG
SAID CURVE, HAVING A RADIUS LENGTH OF 1909.86 FEET, A
CENTRAL ANGLE OF 60.01'02", AN ARC LENGTH OF 2000.58
FEET, A CHORD LENGTH OF 1910.36 FEET AND A CHORD BEARING
OF NORTH 15'23'08" EAST, TO THE POINT OF TANGENCY; THENCE
RUN NORTH 14'37'23" WEST, 720.00 FEET TO THE POINT OF
CURVATURE OF A CURVE CONCAVE EASTERLY; THENCE RUN
NORTHERLY, ALONG SAID CURVE HAVING A RADIUS LENGTH OF
3274.04 FEET, A CENTRAL ANGLE OF 17'00'08", AN ARC LENGTH
OF 971.56 FEET, A CHORD LENGTH OF 968.00 FEET AND A CHORD
SEARING OF NORTH 06'07'19" WEST TO THE POINT OP TANGENCY;
THENCE RUN NORTH 02.22'45" EAST, 239.98 FEET TO THE POINT
OF CURVATURE OF A CURVE CONCAVE WESTERLY; THENCE RUN
NORTHERLY, ALONG SAID CURVE, HAVING A RADIUS LENGTH OF
3274.04 FEET, A CENTRAL ANGLE OF 21.09'36", AN ARC LENGTH
OF 1209. 14 FEET, A CHORD LENGTH OF 1202.28 FEET AND A
CHORD SEARING OF NORTH 08'12'03" WEST TO THE POINT OF
TANGENCY; THENCE RUN NORTH 18'46'51" WEST, 239.98 FEET TO
THE POINT OF CURVATURE OF A CURVE CONCAVE EASTERLY;
THENCE RUN NORTHERLY, ALONG SAID CURVE HAVING A RADIUS
LENGTH OF 3274.04 FEET, A CENTRAL ANGLE OF 19'56'58", AN
ARC LENGTH OF 1139.96 FEET, A CHORD LENGTH OP 1134.21
FEET AND A CHORD BEARING OF NORTH 08'48'22" WEST TO THE
POINT OF TANGENCY; THENCE RUN NORTH 01'10'07" EAST,
2697.84 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE
WESTERLY; THENCE RUN NORTHERLY, ALONG SAID CURVE, HAVING
A RADIUS LENGTH OF 1909.86 FEET, A CENTRAL ANGLE OF
24'36'13", AN ARC LENGTH OF 820.12 FEET, A CHORD LENGTH
OF 813.84 FEE? AND A CHORD BEARING OF NORTH 11'08'00"
WEST TO THE POINT OF TANGENCY; THENCE RUN NORTH 23'26'06"
WEST 256.33 FEET TO THE POINT OF BEGINNING; THENCE RUN
SOUTH 89'50'46" WEST, 54.43 FEET; THENCE RUN NORTH
23'26'06" WEST, 61.41 FEET; THENCE RUN NORTH 66'33'54"
EAST, 100.00 FEET; THENCE RUN SOUTH 23'26'06" EAST 104.44
FEET; THENCE RUN SOUTH 89'50'46" WEST, 54.43 PEST TO THE
POINT OF BEGINNING;
TOGETHER WITH:
A STRIP OF LAND BEING A PORTION OF THE NORTHEAST QUARTER OF SECTION
4, TOWNSHIP 22 SOUTH, RANGE 28 EAST, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
PORTION OF 134
COMMENCE AT THE SOUTHWEST CORNER OF SECTION 21, TOWNSHIP
22 SOUTH, RANGE 28 EAST, FOR A POINT OF REFERENCE;
THENCE, ALONG THE SOUTH LINE OF THE SOUTHWEST QUARTER OF
SAID SECTION 21, RUN NORTH 89'50'17" EAST, 1632.88 FEET;
THENCE, DEPARTING SAID SOUTH LINE, RUN NORTH 00'11'19" •
WEST, 1250.07 FEET TO THE POINT OF CURVATURE OF A CURVE
CONCAVE SOUTHEASTERLY; THENCE RUN NORTHEASTERLY, ALONG
SAID CURVE HAVING A RADIUS LENGTH OF 1241.00 FEET, A
CENTRAL ANGLE OF 41'43'09", AN ARC LENGTH OF 903.62 FEET,
A CHORD LENGTH OF 883.79 FEET AND A CHORD BEARING OF
NORTH 20'40'16" EAST TO THE POINT OF TANGENCY; THENCE RUN
NORTH 41'31'50" EAST, 591.82 FEET TO THE POINT OF
SHEET 2 of 3
' CURVATURE OF wit CONCAVE NORTHWESTERLY, THt. .S RUN 1
NORTHEASTERLY, ALONG SAID CURVE, HAVING A RADIUS LENGTH
OP 1241.00 PEST, A CENTRAL ANGLE Of 41.20'59", AN ARC
LENGTH Of 895.61 FEET, A CHORD LENGTH Of $76.30 FEET AND
A CHORD BEARING OF NORTH 20'51'20" EAST TO THE POINT Of
TANGENCY: THENCE RUN NORTH 00'10'51" EAST, 5701.93 FIET
TO THE POINT OP CURVATURE OF A CURVE CONCAVE SOUTHEASTER-
LY; THENCE RUN NORTHEASTERLY, ALONG SAID CURVE HAVING A
RADIUS LENGTH OF 1909.86 FEET, A CENTRAL ANGLE OP
49'12'49", AN ARC LENGTH OF 1507.12 FEET, A CHORD LENGTH
OF 1468.31 FEET AND A CHORD BEARING OF NORTH 22'47' 15"
EAST TO THE POINT OF TANGENCY: THENCE RUN NORTH 45'23'39"
FAST, 300.01 FEET TO THE POINT OF CURVATURE or A CURVE
CONCAVE NORTHWESTERLY; THENCE RUN NORTHEASTERLY, ALONG
SAID CURVE, HAVING A RADIUS LENGTH OF 1909.86 FEET, A
CENTRAL ANGLE OF 60'01'02", AN ARC LENGTH OF 2000. 58
FEET, A CHORD LENGTH OF 1910.36 FEET AND A CHORD BEARING
OF NORTH 15'23'08" EAST, TO THE POINT OF TANGENCY; THENCE
RUN NORTH 14'37'23" WEST, 720.00 FEET TO THE POINT OF
CURVATURE or A CURVE CONCAVE EASTERLY; THENCE RUN
NORTHERLY, ALONG SAID CURVE HAVING A RADIUS LENGTH OF
3274.04 FEET, A CENTRAL ANGLE OP 17'00'08", AN ARC LENGTH
OF 971.56 FEET, A CHORD LENGTH OF 968.00 FEET AND A CHORD
BEARING OF NORTH 06.07' 19" WEST TO THE POINT OF TANGENCY;
THENCE RUN NORTH 02'22'45" EAST, 239.98 FEET TO THE POINT
OP CURVATURE OF A CURVE CONCAVE WESTERLY; THENCE RUN
NORTHERLY, ALONG SAID CURVE, HAVING A RADIUS LENGTH OF
3274 .04 FEET, A CENTRAL ANGLE OF 21'09'36", AN ARC LENGTH
OP 1209. 14 FEET, A CHORD LENGTH OF 1202.28 FEET AND A
CHORD BEARING OF NORTH 08'12'03" WEST TO THE POINT OF
TANGENCY; THENCE RUN NORTH 18'46'51* WEST, 239.98 PEET TO
THE POINT OP CURVATURE OF A CURVE CONCAVE EASTERLY;
THENCE RUN NORTHERLY, ALONG SAID CURVE HAVING A RADIUS
LENGTH OF 3274.04 FEET, A CENTRAL ANGLE OF 19'56'58", AN
ARC LENGTH OP 1139.96 FEET, A CHORD LENGTH OF 1134.21
FEET AND A CHORD BEARING OP NORTH 08'48'22" WEST TO THE
POINT OF TANGENCY; THENCE RUN NORTH 01'10'07" EAST,
2697.84 FEET TO THE POINT OF CURVATURE OP A CURVE CONCAVE
WESTERLY; THENCE RUN NORTHERLY, ALONG SAID CURVE, HAVING
A RADIUS LENGTH OP 1909.86 FEET, A CENTRAL ANGLE OF
10'59'24", AN ARC LENGTH OF 366.34 FEET, A CHORD LENGTH
OF 365.77 FEET AND A CHORD BEARING Of NORTH 04'19'35"
WEST; THENCE RUN NORTH 89'41'19" EAST 35.03 FEET TO THE
POINT or BEGINNING; THENCE RUN NORTH 01'09'37" EAST,
74.95 FEET TO A POINT ON A NON-TANGENT CURVE CONCAVE
WESTERLY; THENCE RUN SOUTHERLY, ALONG SAID CURVE HAVING
A RADIUS LENGTH OF 1959.86 FEET, A CENTRAL ANGLE OF
02'13'37", AN ARC LENGTH Of 76.17 FEET, A CHORD LENGTH OP
76. 17 FEET AND A CHORD BEARING OF SOUTH 10'41'24" EAST;
THENCE RUN SOUTH 89'41'19" WEST, 15.65 FEET TO THE POINT
OF BEGINNING;
THE ABOVE DESCRIBED STRIP OF LAND LIES IN ORANGE COUNTY, FLORIDA
AND CONTAINS 0.204 ACRES, MORE OR LESS.
•
SHEET 3 of 3
EXHIBIT "G"
That certain sixty ( 60 ) foot wide right-of-way denoted as "Future
Connection to Hackney Prairie Road" running from the intersection
with the proposed Clark Road to the eastern boundary of the
Prairie Lakes P.U.D. all as set forth on the Master Plan Amendment
for Prairie Lakes P.U.D. dated August 5 , 1985 , as revised through
April 12 , 1991 and prepared by Glatting, Lopez , Kercher and
Anglin under Project No. 3492 . 01
IMMIM
I 4'
EXHIBIT "H"`111) DEVELOPMENT AGREEMENT
ALTERNATIVE ROAD IMPACT FEE
SCHEDULE
EXHIBIT "A" TO ORDINANCE NO. 90-01
Road Impact Fee Schedule
Impact
Building Fee
Single-family residential $1, 131.65
Multifamily (per unit ) 690 . 31
Mobile home 543. 19
Office* :
Less than 100, 000 sq. ft . 2,003 .02
100 , 000 to 200,000 sq. ft . 1, 618. 26
Over 200,000 sq. ft . 1, 233 . 50
Retail* :
Less than 50, 000 sq. ft . 6, 537 .66
50 , 000 to 99,999 sq. ft . 4 , 454 .17
100 ,000 to 199 , 999 sq. ft . 4, 604 . 34
200,000 to 299 , 999 sq. ft . 4 , 237 .35
300,000 to 399,999 sq. ft . 3, 508.79
400,000 to 499,999 sq. ft . 4,161 .98
500,000 to 999,999 sq. ft. 3,409.89
1 ,000,000 to 1, 250,000 sq. ft. 3, 400.72
More than 1, 250,000 sq. ft . 3,125.73
Hospital* 1,888.72
Industrial* 614 . 49
Manufacturing* 435.69
Warehousing* 552 .25
Hotel-motel (per room) 1,188. 23
Restaurant* 9,674. 25
Bank* 6, 518•. 30
* Cost per one thousand ( 1,000) gross square feet or gross
leasable square feet
FLOPPY/4758 ( 5)
01-4758 ( 12/26/89)