Loading...
HomeMy WebLinkAboutItem V (B) Approval of Settlement Agreement Documents Case No. CI93-245 with Orange County; 1-5 Item V B FOLEY & LARDNER III NORTH ORANGE AVENUE, SUITE 1800 ORLANDO, FLORIDA 32801 AGENDA 2-1-94 TELEPHONE 14071 423-7656 FACSIMILE 14071 648-1743 TAMPA, FLORIDA MAILING ADDRESS: MILWAUKEE, WISCONSIN JACKSONVILLE, FLORIDA POST OFFICE BOX 2193 MADISON. WISCONSIN TALLAHASSEE, FLORIDA WASHINGTON. D.C. WEST PALM BEACH. FLORIDA ORLANDO, FL. 32802-2193 ANNAPOLIS, MARYLAND CHICAGO. ILLINOIS MEMORANDUM TO: Honorable Mayor and City Commissioners of the City of Ocoee FROM: Paul E. Rosenthal, Esq. /City Attorney PIA DATE: January 27, 1994 RE: Orange County (Plaintiff) vs. City of Ocoee (Defendant) ; Case No. CI-93-245/ Proposed Settlement Agreement On January 13, 1993 Orange County filed suit against the City challenging the validity of certain annexation and zoning ordinances adopted by the City Commission in December 1992 and January 1993. On March 4, 1993, the County filed an Amended Complaint in connection with this lawsuit. Pursuant to Chapter 164, Florida Statutes, the Orange County Commission and Ocoee City Commission held a joint meeting on February 22, 1993 in order to discuss the litigation and attempt to settle the controversy. While the City and County did not resolve the dispute at the joint meeting, the City agreed to consider a request by Chairman Chapin that the City and County staffs meet in an effort to pursue a settlement. The City Commission agreed to consider that request after a meeting with the affected property owners. On March 2, 1993 , the City Commission met to discuss the litigation with the affected property owners. In an effort to meet the concerns of both the City and the affected property owners, the City Commission approved a proposed response to Orange County (copy attached) . On March 24, 1993, the Orange County Commission accepted the framework for settlement discussions proposed by the City and directed its staff to meet with the City staff and the affected property owners. These actions set the framework for the settlement negotiations between the City and County staffs. The litigation has been abated during the course of these settlement negotiations. Honorable Mayor and City Commissioners of the City of Ocoee January 27, 1994 Page 2 The City negotiating team designated by Mr. Shapiro consisted of Ellis Shapiro, Paul Rosenthal, Montye Beamer, Bruce Behrens, Jim Shira, and Ken Hooper. Mr. Behrens was later replaced by Russ Wagner on the negotiating team. We are pleased to report that a proposed settlement has been reached with Orange County which is consistent with the direction set by the City Commission. In accordance with the provisions of Chapter 164, Florida Statutes, the Orange County Commission held a Public Hearing on January 25, 1994 to consider the proposed settlement. At that hearing, the Orange County Commission unanimously voted to approve the proposed settlement with the City. In accordance with Chapter 164, Florida Statutes, a similar Public Hearing has been scheduled before the City Commission at your meeting of February 1, 1994. For your consideration, please find enclosed the following settlement documents as approved by Orange County: (1) Settlement Agreement between Orange County and the City of Ocoee, which includes as exhibits thereto a proposed Joint Planning Area Agreement, Joint Motion and Stipulated Partial Final Judgment. (2) Joint Planning Area Agreement between Orange County and the City of Ocoee in Furtherance of Settlement of Litigation Between the Parties. (3) Tri-Party Agreement Pertaining to Development Restrictions between Orange County, the City of Ocoee, Battaglia Fruit Co. , Inc. , and S.C. Battaglia, Trustee. (4) First Amendment to Orange County/City of Ocoee Water Service Territorial Agreement (Contract No. W-88-06) by and between Orange County and the City of Ocoee. (5) First Amendment to Orange County/City of Ocoee Sewer Service Territorial Agreement (Contract No. S-87-8) by and between Orange County and the City of Ocoee. The above-referenced documents are collectively referred to as the "Settlement Documents". The Settlement Documents will result in a dismissal in the Lawsuit with respect to all of the challenged ordinances except for those relating to the Baker, Blayer and Guess annexations and Honorable Mayor and City Commissioners of the City of Ocoee January 27, 1994 Page 3 zoning in the area of Gotha. A new Joint Planning Area Agreement ("the JPAA") is the centerpiece of the proposed settlement. Highlights of the proposed Joint Planning Area Agreement are as follows: (1) A Joint Planning Area ("JPA") is defined. The City is prohibited from annexing lands outside of the Joint Planning Area during the ten year term of the JPAA. (2) Future land uses are established for that portion of the JPA currently located within unincorporated Orange County. Future land uses for the lands annexed in December 1992 are not subject to joint planning with Orange County. (3) Stringent provisions are provided for the preservation of the Clarcona and Gotha Rural Settlements. (4) Both the City and County are required to amend their respective comprehensive plans in order to incorporate the provisions of the JPAA. (5) Assurances are provided by the County for the provision of sewer and water service to those lands located within the corporate limits of the City, but outside of the City sewer and water service territories. (6) A Planning Advisory Committee ("PAC") will be formed consisting of two members appointed by the City, two members appointed by the County and a fifth member appointed by the members of the PAC. This committee is purely advisory. (7) The East Central Florida Regional Planning Council is designated as a forum for informal non-binding mediation. Both the City and the County agree to such mediation. (8) The County has agreed to consider in good faith any request from the City for improvements, at the City's expense, to County roads within the Joint Planning Area. The County has specifically authorized the City to make improvements to Maguire Road in accordance with the County's permitting procedures. Honorable Mayor and City Commissioners of the City of Ocoee January 27, 1994 Page 4 (9) The JPAA does not affect development of lands within the JPA which are located in unincorporated Orange County and do not annex into the corporate limits of the City. (10) The JPAA supersedes the current Interlocal Agreement dated January 20, 1987. The above is a highlight of the provisions of the JPAA and is not intended to be a comprehensive presentation of all matters addressed therein. The City negotiating team unanimously recommends that the City Commission approve the Settlement Documents as approved by Orange County at its public hearing. RECOMMENDATION: It respectfully is recommended that the City Commission (1) approve the Settlement Agreement between Orange County and the City of Ocoee, (2) approve the Joint Planning Area Agreement Between Orange County and the City of Ocoee in Furtherance of Settlement of Litigation Between the Parties, (3) approve the Tri-Party Agreement Pertaining to Development Restrictions between Orange County, the City of Ocoee, Battaglia Fruit Co. , Inc. and S.C. Battaglia, Trustee, (4) approve the First Amendment to Orange County/City of Ocoee Water Service Territorial Agreement (Contract No. W-88-06) between Orange County and the City of Ocoee, (5) approve the First Amendment to Orange County/City of Ocoee Sewer Service Territorial Agreement (Contract No. S-87-88) between Orange County and the City of Ocoee, and (6) authorize execution of the foregoing Settlement Documents by the Mayor and City Clerk. c:\WP31\DOCSIOCOE\MEMOS\PFRDDHD1.271 1 1m/9410248I PERS . "CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" MAYOR•CONLM SSIONER Ocoee S.SCOTT VANDERGRIFT , 0 CITY OF OCOEE RUSTYJOH oN a 150 N.LAKESHORE DRIVE PAUL W.FOSTER OCOEE,FLORIDA 34761 VERN COMBS cry (407)656-2322 SAM WOODSON of GOOp QTY MANAGER ELLIS SHAPIRO March 5, 1993 r r P ° , ki -;3 The Honorable Linda W. Chapin Orange County Chairman , rs; 201 S. Rosalind Avenue - 5th Floor � `L C- . Orlando, FL 32801 RE: ANNEXATION AND ZONING DISPUTE BETWEEN THE CITY OF OCOEE AND ORANGE COUNTY Dear Chairman Chapin: The City of Ocoee appreciated the opportunity to meet last week with you and the Orange County Commission. We then advised you that the City would meet with the affected property owners before taking any actions . At the Ocoee City Commission meeting this past Tuesday many of the affected property owners appeared to present their views on the dispute. After hearing public and staff comments, the Ocoee City Commission agreed to accept your request that the City and County staff meet in an effort to pursue a settlement . For your consideration, attached is a copy of the actions taken by the Ocoee City Commission. We believe these actions are consistent with statements made by you and other members of the County Commission. Ocoee' s proposal involves two key elements . First, triparty settlement discussions involving the City, County and each affected property owner in those instances where requested to do so by the property owners . All of the property owners have indicated a desire to meet with the County. These discussions should address short term issues . Second, the immediate pursuit of a new Joint Planning Area Agreement . Such an agreement would address the long term issues in order to avoid future litigation between the City and the County. The City of Ocoee has been and remains committed to joint planning with Orange County regarding the future of those areas of unincorporated Orange County adjacent to the City limits . Any such joint planning must address land use, sewer and water issues. The resolution of conflicts between the City and County Future Land Use Maps should also be a key goal . The City Commission also envisions a mutual recognition of responsibly sized rural settlement areas for Clarcona and Gotha. I think we both can agree that it is finally time for Ocoee and Orange County to meet to discuss the future growth of West Orange County. Chairman Linda Chapin Page Two March 5, 1993 At last Tuesday' s meeting the Ocoee City Commission and the affected property owners decided to request that the County defer for 90 days all legal proceedings in connection with the annexation and zoning challenges . This would allow us to focus on the settlement discussions without unnecessary distractions and legal maneuvering. While the City hopes that the County will agree, the City' s settlement proposal is not contingent upon any such agreement . The City is prepared to meet with the County in order to pursue short terms goals -- settlement discussions regarding the recent annexations and zonings and long term goals -- a new Joint Planning Area Agreement -- even if the County decides that it needs to continue to pursue litigation against the City. The first step would be for the County Attorney and the City Attorney to agree that settlement discussions between the City and County staffs are inadmissable in any proceeding. This would allow such discussions to take place in an open and frank atmosphere . We look forward to your response and to working with you and your staff to finally develop a common plan for the future of West Orange County. Sincerely, Elli- ��.piro City ager ES :fdg cc : Mayor S . Scott Vandergrift City Commission Paul Rosenthal, City Attorney James W. Shira, City Engineer/Utilities Director Montye Beamer, Director of Administrative Services Orange County Commission Thomas J. Wilkes, Jr. , County Attorney Ocoee Planning & Zoning Commission Property Owners Affected by Orange County Annexation/Zoning Challenges Cecilia Bernier, Town Manager, Windermere Robert J. Pleus, Mayor, Windermere Ray Creech, City Manager, Winter Garden Jack L. Quesinberry, Mayor, Winter Garden John H. Land, Mayor, Apopka • "CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" MAYOR•COMMISSIONER Ocoee S.SCOTT VANDERGRIFT f(4,1_71‘ CITY OF OCOEE MISSI oRUS N r a- 150 N.LAKESHORE DRIVE PAUL W.FOSTER OCOEE,FLORIDA 34761 VERN COMBS v (407)656-2322 SAM WOODSON OF GOOD N.• CITY MANAGER CITY OF OCOEE RESPONSE TO COUNTY ELLIS SHAPIRO ANNEXATION/ZONING CHALLENGES AT ITS MEETING OF MARCH 2, 1993, THE OCOEE CITY COMMISSION APPROVED THE FOLLOWING: 1 . That the City staff meet with the County to discuss settlement options in all cases where requested to do so by the property owner; provided that all such discussions are settlement negotiations which are inadmissible in any proceeding. 2 . That the County Commission be requested to direct its staff to pursue settlement discussions with the City and that the County Commission review with its staff each annexation and zoning on an individual basis before pursuing further legal challenges . 3 . That the City Commission direct the City staff to immediately pursue a new Joint Planning Area Agreement between the City and County which would address the following subjects : a. The recognition of responsibly sized rural settlement areas for Clarcona and Gotha. b. The identification of new joint planning areas, consistent with the CAMP Agreement, within which the City and County will joint plan and mutually agree upon future land uses. The goal would be to promptly resolve inconsistencies between the City and County Future Land Use Maps as to those lands currently within unincorporated Orange County. c . The identification of new sewer and water service areas which recognize the current City limits, the boundaries of any new joint planning area and the capital investments previously made by the County. It is envisioned that this aspect of a new Joint Planning Area Agreement would include new sewer and water territorial agreements which could address the wholesaling of the County' s excess sewer capacity. d. That any such new Joint Planning Area Agreement recognize the December 1992/January 1993 annexations and zonings approved by the City except in those cases where the City, the affected property owner and the County have mutually agreed upon alternative future land uses as part of a settlement of the current dispute . 4 . That the City staff be directed to meet with the County staff in order to agree, by March 23rd, on a time frame for concluding a new Joint Planning Area Agreement and that a time deadline be established for the accomplishment of identifiable tasks and that the County Commission be requested to direct its staff to immediately meet with the City staff for this purpose. 5 . That the County Commission be requested to direct its staff to pursue a settlement of the current annexation/zoning dispute by working toward a comprehensive approach to land use, sewer and water issues impacting the City and those portions of unincorporated Orange County adjacent to the City. 6 . That the City staff be directed to continue to attend all meetings scheduled by the County to address planning issues affecting local governments in Orange County, provided that the meetings do not specifically concern or address the challenged annexations and zonings . 7 . That the County be requested to defer for ninety (90) days all legal proceedings in connection with the County' s annexation and zoning challenges in order to allow the proposed settlement discussions to be pursued without unnecessary distractions and legal maneuvering. AGENDA 2-1-94 ., .. Item V B 1 ' SETTLEMENT AGREEMENT t • THIS SETTLEMENT AGREEMENT is made and entered into this dayof (, ` , 1994, by and between ORANGE COUNTY, FLORIDA, a political subdivision of the State of Florida (the "County") and the CITY OF OCOEE, a Florida municipal corporation (the "City") . RECITALS WHEREAS, there is an action pending in the Circuit Court of the Ninth Judicial in and for Orange County, Florida, styled Orange County, Plaintiff vs. City of Ocoee, Defendant, being Case Number CI 93-245 (the "Lawsuit") under which the County is seeking review by certiorari of certain ordinances enacted by the City of Ocoee which annex certain property into the City and rezone said property; and WHEREAS, in an effort to reconcile all disputes concerning certain ordinances enacted by the City which have been challenged in the Lawsuit, City and County intended to enter into a certain Joint Planning Area Agreement between Orange County and the City of Ocoee In Furtherance Of Settlement Of Litigation Between The Parties ("Joint Planning Area Agreement") , a copy of which is attached hereto as Exhibit "A" and by this reference made a part hereof; and WHEREAS, the parties desire to reconcile all disputes concerning all ordinances enacted by the City which have been challenged in the Lawsuit except for the following ordinances: 1 coTY 00- 01( OA_ City Ordinance Nos. 92-72, 92-73, 92-74, 92-75, 92-76, and 92-77; and WHEREAS, County and City have been involved in negotiations for several months during which certain statements have been made at meetings by staff, or the respective governing bodies, all as part of settlement negotiations; and WHEREAS, it is the intention of County and City that any and all statements or other communications so made during settlement negotiations and meetings leading up to the negotiation of the terms and conditions of the Joint Planning Area Agreement shall be privileged and considered part of settlement negotiations and shall be inadmissible for any purpose in this Lawsuit. NOW THEREFORE, in consideration of the covenants made by each party to the other and the mutual advantages to be realized by the parties hereto and of other good and valuable consideration, the receipts and sufficiency of which is hereby acknowledged, County and City hereby agree as follows: 1. The above recitals are true and correct and are incorporated herein by reference. 2 . City and County hereby approve the Joint Planning Area Agreement in the form attached hereto as Exhibit "A" and authorize execution thereof by the County Chairman and Clerk of the County Commission as to the County and the Mayor and City Clerk of the City as to the City. 3 . City and County hereby approve the Joint Motion, including the Stipulated Partial Final Judgment, attached hereto as 2 Exhibit "B" and by this reference made a part hereof and authorize and direct their respective legal counsel to file said Joint Motion in connection with the Lawsuit. 4. All statements or other communications so made during settlement negotiations and meetings between County and City culminating in the Joint Planning Area Agreement and this Settlement Agreement shall be privileged and considered part of settlement negotiations and shall be inadmissible for any purpose in the Lawsuit. 5. The execution of this Settlement Agreement and the entry of the Stipulated Partial Final Judgment shall not be deemed to constitute a waiver of City's or County's rights to enforce any and all of the provisions of the Joint Planning Area Agreement in accordance with the terms and conditions thereof. 6. This Settlement Agreement and the terms of the settlement, including the Joint Planning Area Agreement and the terms thereof, have been approved by the governing bodies of the City and County at advertised public hearings as required by and in accordance with the provisions of Section 164. 106(1) , Florida Statutes. 7 . The date of last execution by a party hereto shall be the date of this Settlement Agreement and such date shall be inserted on the first page hereof. 8. In the event the Lawsuit is not settled between the City and the County with respect to the Disputed Annexation Areas within 90 days after the Effective Date of this Settlement 3 Agreement, then in such event, the Disputed Annexation Areas shall not be included in the transition zones provided for in Section 9.D. (4) of the Joint Planning Area Agreement. IN WITNESS WHEREOF, the County and City have executed this Settlement Agreement on behalf of the County and City, respectively, and have set their seals hereto as of the date set forth above. ORANGE COUNTY, FLORIDA By: Chairman Executed on: ATTEST: Martha O. Haynie, County Comptroller as Clerk of the Board of County Commissioners By: Deputy Clerk FOR THE USE AND RELIANCE OF APPROVED BY THE ORANGE COUNTY ORANGE COUNTY ONLY. APPROVED COMMISSION AT A MEETING HELD ON AS TO FORM. , 1994, UNDER AGENDA ITEM NO. , 1994 By: Alison M. Yurko Assistant County Attorney 4 ATTEST CITY Off' OCOEE, FLORIDA BY: Jean Grafton, City Clerk S. Scott Vandergrift, Mayor Executed on FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA, APPROVED AS TO FORM AND LEGALITY this day of , 1994. FOLEY & LARDNER By: City Attorney C:\WP511DOCS\OCOEE.ANN\SEITLE.AGR I 1/26/94 I DB IJPHO4b 5 EXHIBIT A This exhibit to the Settlement Agreement is: Joint Planning Area Agreement Between Orange County and the City of Ocoee in Furtherance of Settlement of Litigation Between the Parties See JPA elsewhere in this agenda item. SETTLEMENT DOCUMENT: NOT TO BE USED IN CASE NO. 93-245 PURSUANT TO AGREEMENT BETWEEN THE PARTIES. JOINT PLANNING AREA AGREEMENT BETWEEN ORANGE COUNTY AND THE CITY OF OCOEE IN FURTHERANCE OF SETTLEMENT OF LITIGATION BETWEEN THE PARTIES , 1994 AM Oft EXHIBIT "A" TABLE OF CONTENTS PAGE Section 1. Recitals 5 Section 2 . Authority 5 Section 3 . Definitions 5 Section 4 . Term 11 Section 5 . Preservation of Clarcona and Gotha Rural Settlements 12 Section 6 . Joint Planning Area 15 Section 7. Annexation Outside of JPA 17 Section 8 . Joint Planning Area Land Use Map 18 Section 9 . Obligation to Amend Comprehensive Plans 23 Section 10 . Sewer and Water Service 26 Section 11. Creation of Planning Advisory Committee 28 Section 12 . Conflict Resolution 30 Section 13 . Notices of Certain Applications 30 Section 14 . Road Improvements to County Roads 32 Section 15 . Battaglia East 33 Section 16 . Reduction of City Urbanization Area 34 Section 17 . County Future Land Use Map 35 Section 18 . Disputed Annexation and Rezoning Ordinances 35 Section 19 . Enforceability 36 Section 20 . Notices 36 -i- TABLE OF CONTENTS cont 'd PAGE Section 21. Effect on Other Agreements 37 Section 22. Other Municipalities 37 Section 23 . Validity of Agreement 37 Section 24 . Covenant to Enforce 38 Section 25 . Miscellaneous 39 EXHIBITS "A" Legal Description of Joint Planning Area "B" Joint Planning Area Land Use Map "C" Clarcona Rural Settlement "D" Gotha Rural Settlement "E" Site Plan for Property Annexed by City Ordinance No. 92-60 -ii- JOINT PLANNING AREA AGREEMENT BETWEEN ORANGE COUNTY AND THE CITY OF OCOEE IN FURTHERANCE OF SETTLEMENT OF LITIGATION BETWEEN THE PARTIES THIS AGREEMENT (hereinafter the "Agreement") is made and entered into as of the _ day of , 1994, by and between ORANGE COUNTY, FLORIDA, a political subdivsion of the State of Florida (hereinafter the "County") and the CITY OF OCOEE, a Florida municipal corporation (hereinafter the "City") . RECITALS WHEREAS, both the County and the City exercise comprehensive planning authority pursuant to Chapter 163, Florida Statutes, the Local Government Comprehensive Planning and Land Development Regulation Act, and enforce land development regulations to regulate the development of land within the respective areas of jurisdiction of each party; and WHEREAS, the County and the City have the authority to enter into this Agreement pursuant to the Local Government Comprehensive Planning and Land Development Regulation Act in general and Section 163 .3171, Florida Statues, in particular; and WHEREAS, Section 163 .3177(6) (h) , Florida Statues, requires increased intergovernmental coordination, including, but not limited to, providing for: (1) a process to determine significant impacts of development on adjacent local governments, (2) a process for mitigating extra jurisdictional impacts, (3) a dispute resolution process to bring to closure in a timely manner disputes between local governments related to development proposals that have impacts on adjacent local governments, and (4) a procedure to identify and implement joint planning areas, especially for the purpose of annexation and identification of infrastructure service areas; and WHEREAS, in order to accomplish the objective of the Local Government Comprehensive and Land Development Regulation Act in general and Section 163 .3177(6) (h) , Florida Statutes, in particular, the County and City intend, during the term of this Agreement, to restrict future annexations by the City to lands within the Joint Planning Area ("the JPA") (as hereinafter defined) and upon annexation of lands within the Joint Planning Area to restrict the land uses which may be approved by the City; and WHEREAS, there is no intent for this Agreement to restrict the County' s ability to amend its Comprehensive Plan for unincorporated areas within the JPA; and WHEREAS, the agreement of the City to restrict its annexation authority and be bound by the provisions of this Agreement within the JPA is a material inducement to the County to enter into this Agreement and the County would not enter into this Agreement but for such agreement by the City; and WHEREAS, this Agreement is further intended (1) to protect the Clarcona Rural Settlement and the Gotha Rural Settlement, -2- (2) to foster the objectives of the County Comprehensive Policy Plan with respect to said rural settlements, including but not limited to Objective 2. 1 of the County Comprehensive Policy Plan, and (3) to prevent annexation by the City within the said rural settlements; and WHEREAS, the lands within the JPA are ideally suited for future annexation by the City; and WHEREAS, there are numerous parcels within the JPA which are Enclaves (as hereinafter defined) which are ideally suited for future annexation by the City; and WHEREAS, the orderly planning for future development within the JPA requires that the procedures set forth herein be followed so that property owners within the JPA may be fully informed of the requirements of the City and County; and WHEREAS, the County has filed the Lawsuit (as hereinafter defined) against the City challenging the validity of the Challenged Annexation Ordinances, the Challenged Rezoning Ordinances, the Disputed Annexation Ordinances and the Disputed Rezoning Ordinances (as hereinafter defined) ; and WHEREAS, this Agreement is being executed in conjunction with a settlement agreement which dismisses with prejudice (subject to the rights of the parties to litigate enforcement of this Agreement and the Settlement Agreement) all of the Lawsuit except for the portion relating to the Disputed Annexation Areas (as hereinafter defined) ; -3- WHEREAS, this Agreement will further provide for the allocation of appropriate responsibility within the JPA and those lands annexed by the Challenged Annexation Ordinances for public facilities and services providing for the public' s health, safety and welfare; and WHEREAS, this Agreement has been approved at advertised public hearings held by the Local Planning Agencies of both the City and County; and WHEREAS, pursuant to Sections 163 .3171(3) and 164 . 106, Florida Statutes, this Agreement has been approved at advertised public hearings held by both the Orange County Commission and the Ocoee City Commission; and WHEREAS, the County is an incorporated Charter County with authority to enter into and approve this Agreement; and WHEREAS, the City is a municipal corporation with authority to enter into and approve this Agreement; and WHEREAS, the City and County seek to enter into this Agreement in order to achieve the settlement of the Lawsuit and to further the objectives of the County Comprehensive Policy Plan and the City Comprehensive Plan. NOW, THEREFORE, in consideration of the covenants made by each party to the other and of the mutual advantages to be -4- realized by the parties hereto, the receipt and sufficiency of which is hereby acknowledged, the County and the City hereby agree as follows : Section 1. Recitals . The above Recitals are true and correct and are incorporated herein by reference. Section 2 . Authority. This Agreement is entered into pursuant to (1) Chapters 125, 163, 164 and 166, Florida Statutes, (2) the general authority of Section 163 . 01, Florida Statutes, relating to interlocal agreements and (3) the Charters of the County and City. Furthermore, certain provisions contained herein are entered into pursuant to specific authority of Section 163 .3171(3). and Section 163 .3t77(6) (h) (1') (e) , Florida Statutes . Section 3 . Definitions . For the purposes of this Agreement, the following terms shall have the meanings set forth in this section unless otherwise indicated by the context: A. "Agreement" means this Joint Planning Area Agreement between Orange County and the City of Ocoee in furtherance of settlement of the Lawsuit. B. "Challenged Annexation Areas" means those land purported to have been annexed into the corporate limits of the City by the Challenged Annexation Ordinances . C. "Challenged Annexation Ordinances" means City Ordinance Nos . 92-32, 92-34, 92-36, 92-38, 92-42, 92-44, 92-46, 92-50, 92-54, 92-56, and 92-60 all of which were adopted by the Ocoee City Commission on December 14 , 15 and 16, 1992 . -5- D. "Challenged Rezoning Ordinances" means City Ordinance Nos . 92-33, 92-35, 92-37, 92-39, 92-43 , 92-45, 92-47, 92-51, 92-55, 92-57, and 92-61 all of which were adopted by the Ocoee City Commission on December 14, 15 and 16, 1992 . E. "City" means the City of Ocoee, a Florida municipal corporation. F. "City Comprehensive Plan" means the Comprehensive Plan of the City of Ocoee adopted on September 18, 1991 by City Ordinance No . 91-28, as it may from time-to-time be amended. G. "City Future Land Use Map" means the City of Ocoee Future Land Use Map 2010 attached to the Ocoee Comprehensive Plan as Figure 2 and by this reference made a part hereof, as it may from time to time be amended. H. "City Sewer Service Territory" means those lands to which the City may provide sewer service, as described in the Sewer Service Territorial Agreement, as it may be amended or replaced from time to time. I . "City Water Service Territory" means those lands to which the City may provide water service, as described in the Water Territorial Agreement, as it may be amended or replaced from time to time. J. "Clarcona Rural Settlement" means, for the purposes of this Agreement, those lands depicted in Exhibit "C" attached hereto and by this reference made a part hereof, all of which -6- as of the Effective Date lie outside of both the JPA and the corporate limits of the City. K. "County" means Orange County, Florida, a political subdivision of the State of Florida. L. "County Comprehensive Policy Plan" means the Orange County Comprehensive Policy Plan 1990-2010, in effect as of the Effective Date of this Agreement, as it may from time to time be amended. M. "County Future Land Use Map" means the Orange County Comprehensive Policy Plan 1990-2010 Future Land Use Map Series, dated August 31, 1992, and by this reference made a part hereof, as it may from time to time be amended. N. "County Sewer Service Territory" means, for the purposes of this Agreement, those lands which are outside the City Sewer Service Territory. O. "County Water Service Territory" means, for the purposes of this Agreement, those lands which are outside the City Water Service Territory. P. "Development Order" shall have the same meaning as set forth in the Planning Act. Q. "Disputed Annexation Areas" means those lands purported to have been annexed into the corporate limits of the City by the Disputed Annexation Ordinances . R. "Disputed Annexation Ordinances" means City Ordinance Nos . 92-72 and 92-74 adopted by the Ocoee City Commission on -7- December 16, 1992 and City Ordinance No. 92-76 adopted by the Ocoee City Commission on January 5, 1993 . S. "Disputed Rezoning Ordinances" means City Ordinance Nos . 92-73 and 92-75 adopted by the Ocoee City Commission on December 16, 1992 and City Ordinance No. 92-77 adopted by the Ocoee City Commission on January 5, 1993 . T. "Effective Date" means the date when the last one of the City and County has signed this Agreement, which date will be inserted on page 1 of this Agreement . U. "Enclave" shall be as defined by Chapter 171, Florida Statutes . V. "Gotha Rural Settlement" means for the purposes of this Agreement, those lands depicted in Exhibit "D" attached hereto and by this reference made a part hereof, all of which as of the Effective Date lie outside both the JPA and the corporate limits of the City. W. "Joint Planning Area" or "JPA" means those land which, as of the Effective Date, (1) are located in unincorporated Orange County, and (2) lie within the Joint Planning Area as depicted in Exhibit "A" attached hereto and by this reference made a part hereof. There is expressly excluded from the JPA all lands which, as of the Effective Date, are located within the corporate limits of the City, including but not limited to those lands annexed into the corporate limits of the City of Ocoee by all of the Challenged Annexation Ordinances . -8- X. "Joint Planning Area Land Use Map" or "JPA Land Use Map" means that certain map attached hereto as in Exhibit "B" and by this reference made a part hereof which graphically depicts the boundaries of the Joint Planning Area and the future land uses for lands located within the Joint Planning Area, which future land uses will be applicable only to the City and then only upon annexation of said lands into the corporate limits of the City. Y. "Lawsuit" means that certain Complaint for Certiorari and Declaratory Relief brought by the County against the City in the Circuit Court of the Ninth Judicial Circuit which has been assigned Case No. CI93-245, as such complaint may from time to time be amended, challenging the validity of the Challenged Annexation Ordinances, the Challenged Rezoning Ordinances, the Disputed Annexation Ordinances and the Disputed Rezoning Ordinances . Z . "Planning Act" means Part II of Chapter 163 , Florida Statues (1992) , as amended by Chapter 93-206, Laws of Florida, also known as the Local Government Comprehensive Planning and Land Development Regulation Act and as it may from time to time be amended. AA. "Planning Advisory Committee" or "PAC" means that certain Orange County/City of Ocoee Planning Advisory Committee jointly established by the City and County pursuant to Section 11 of this Agreement . -9- AB. "1987 Interlocal Agreement" means that certain Interlocal Agreement for Joint Comprehensive Planning Area, dated January 20, 1987, between the City and the County. AC. "Settlement Agreement" means that certain settlement agreement of even date herewith which results in a stipulated partial final judgment allowing dismissal of the Lawsuit with prejudice as to all of the Challenged Annexation Ordinances and Challenged Rezoning Ordinances, while reserving the rights of the parties to litigate enforcement of this Agreement, and the Settlement Agreement, if necessary. The Settlement Agreement in no way affects the Lawsuit with respect to the Disputed Annexation Ordinances and Disputed Rezoning Ordinances . AD. "Sewer Territorial Agreement" means that certain Orange County/City of Ocoee Sewer Service Territorial Agreement, formerly known as the Orange County/Prima Vista Utility Company, Inc. Sewer Service Territorial Agreement (Contract No. S-87-8) dated June 8, 1987 by and between Orange County and Prima Vista Utility Company, Inc. ("PVU") as recorded on June 10, 1987 in Official Records Book 3894, Page 1363, Public Records of Orange County, Florida, as assigned by PVU to the City by Assignment of Sewer Service Territorial Agreement dated November 30, 1987, by and between PVU and the City, and as amended by Letter Agreement S-1 dated July 13 , 1988 between the City and County, and as further amended on this date by separate agreement between the City and County, as it may from time to time be amended. -10- AE. "Water Territorial Agreement" means that certain Orange County/City of Ocoee Water Service Territorial Agreement (Contract No. W-88-06) dated November 14, 1988, by and between Orange County and the City, as recorded on November 23, 1988 in Official Records Book 4034, Page 291, Public Records of Orange County, Florida and as amended on this date by separate agreement amended by the City and County, as it may from time to time be amended. Section 4 . Term. A. The term of this Agreement shall commence on the Effective Date and shall terminate ten (10 years thereafter unless extended in accordance with provisions of Section 4(B) below. B. This Agreement shall be automatically extended for an additional one (1) year term (i .e. , until eleven (11) years from the Effective Date) unless either the City and/or the County, as the case may be, delivers a notice of non-renewal to the other party at least one (1) year prior to the expiration of the initial ten (10) year term of this Agreement. Thereafter, this Agreement shall be automatically extended for consecutive one (1) year terms unless either the City and/or the County, as the case may be, delivers a notice of non-renewal to the other party at least nine (9) months prior to the termination date of any such extended one (1) year term. The party or parties giving such a notice of non-renewal -11- as aforesaid may, in such parties sole discretion, revoke such notice of non-renewal at any time prior to the expiration date of the initial 10-year term or any extended term of this Agreement. Nothing contained herein shall preclude either party from pursuing with the other party an amendment or modification to this Agreement in connection with the delivery of any such notice of non-renewal . Section 5 . Preservation of Clarcona and Gotha Rural Settlements . A. The City hereby covenants and agrees that during the term of this Agreement it will not annex into the corporate limits of the City, whether by voluntary or involuntary annexations, any lands located within either the Clarcona Rural Settlement or the Gotha Rural Settlement. B. The City hereby expressly recognizes the authority of the County, in its discretion, to designate all or any portion of the Clarcona Rural Settlement and the Gotha Rural Settlement as "Preservation Districts" pursuant to the provisions of Section 505 of the Orange County Charter entitled Voluntary Annexation and to further provide for an exclusive method of annexation with respect to the lands so designated. The City further covenants and agrees not to sue or otherwise challenge the validity of Section 505 of the Orange County Charter entitled Voluntary Annexation or any designation of the Clarcona Rural Settlement and/or Gotha Rural Settlement as "Preservation Districts" pursuant to the terms thereof . -12- C. Nothing contained in this Agreement or the City Comprehensive Plan or the County Comprehensive Policy Plan, as each will be amended to incorporate this Agreement pursuant to the provisions of Section 9 hereof, shall be deemed as a waiver or estoppel of the authority of the County to create Preservation Districts and otherwise provide for an exclusive method of voluntary annexation, which method would supersede general law, as expressly authorized by Chapter 171, Florida Statutes, and the Orange County Charter. D. Nothing contained herein shall be construed to limit the right of any owner of real property within the Clarcona Rural Settlement and/or the Gotha Rural Settlement (1) to petition the Orange County Commission and the Ocoee City Commission for an amendment to the JPA so as to allow annexation of such owners real property into the corporate limits of the City in accordance with applicable statutes and ordinances, which amendment may be granted or denied by the Orange County Commission and the Ocoee City Commission, in their sole and absolute discretion, provided that any such actions must be taken only at an advertised public hearing, and then, upon amendment of the JPA pursuant to the procedures set forth herein to include such property, or (2) to petition the City for annexation of such owner ' s real property into the corporate limits of the City in accordance with this Agreement and applicable statutes and ordinances . -13- E. In the event the City during the term of this Agreement annexes into the corporate limits of the City any lands located within the Clarcona Rural Settlement or the Gotha Rural Settlement, then in such event (1) the County shall have standing to challenge the validity of any such annexation occurring if it is in violation of the provisions of this Section, and (2) the City agrees that no Development Orders and no changes to the land use designation of any such annexed lands may occur without a majority vote of the full membership of both the Orange County Commission and the Ocoee City Commission. This section is intended to grant to the County extraterritorial powers pursuant to Section 163 .3171, Florida Statutes, with respect to any lands within the Clarcona Rural Settlement and/or Gotha Rural Settlement which may hereafter be annexed by the City and shall be in addition to any other remedies in law or equity that the County may have. F. It is expressly understood between the parties that the City' s covenant not to annex areas within the Clarcona Rural Settlement and Gotha Rural Settlement is a material consideration for the County' s voluntary dismissal, with prejudice, of the Lawsuit as the Challenged Annexation Ordinances and the Challenged Rezoning Ordinances . It is further understood that nothing contained in the foregoing section is intended to connote authorization by the County of annexation by the City into the Clarcona Rural Settlement or -14- Gotha Rural Settlement. Rather, said section is intended to insure that the County retain planning jurisdiction over any such annexed areas and that adjacent residents have meaningful input into any such annexation decisions in the event that the City' s covenant not to annex into the Clarcona Rural Settlement is either violated or declared invalid for any reason. G. It is expressly understood between the parties that the covenants and agreements of the City set forth in this Section 5 constitute a material inducement by the City to the County to enter into this Agreement and the Settlement Agreement. Section 6 . Joint Planning Area. A. Amendment to Future Land Use Maps . The City agrees that with respect to lands located within the JPA that it will not amend the City Future Land Use Map, except as expressly required by Section 9 hereof and except as permitted in accordance with the procedures set forth in Section 8 hereof. Subject to the provisions of Section 13 hereof, the parties expressly agree and acknowledge that notwithstanding anything contained herein to the contrary, nothing in this Agreement shall be construed to limit or restrict the right of the County to amend or revise the County Future Land Use Map in accordance with the provisions of the Planning Act . B. Comprehensive Plan and Land Use Regulations . Until such time as any lands within the JPA are annexed by the City -15- pursuant to the procedures set forth in this Agreement and the applicable state statutes and regulations, it is agreed as follows with respect to lands located within the JPA: (1) the County Comprehensive Policy Plan and land development regulations shall control such land, and (2) the County shall exercise exclusive authority over such land. Upon adoption by the City of an ordinance annexing into the corporate limits of the City any lands located within the JPA, it is agreed as follows with respect to any such lands so annexed: (1) the City Comprehensive Plan and land development regulations shall control such annexed lands, (2) concurrent with the annexation of such annexed lands the City may establish an initial zoning for and rezone such annexed lands consistent with the City Comprehensive Plan and this Agreement and the applicable state statutes and regulations, (3) the City may issue Development Orders with respect to such annexed lands prior to the adoption of an amendment of the City Comprehensive Plan to include such annexed lands so long as such Development Orders are consistent with the City Comprehensive Plan and this Agreement and the applicable state statutes and regulations, and (4) the City may immediately exercise municipal jurisdiction over such annexed land for the purposes of the Planning Act . C. Designation. The parties hereto hereby designate those lands depicted in Exhibit "A" hereto and graphically depicted in Exhibit "B" hereto as the "Joint Planning Area. " -16- D. Future Annexation. The parties hereto acknowledge and agree that lands located within the Joint Planning Area, including any Enclaves located therein, are logical candidates for annexation by the City, subject to the provisions of Chapter 171, Florida Statutes . The City hereby covenants and agrees that it will conduct a public facilities and services analysis for any area being annexed and take into consideration the fiscal impact of such annexation prior to approving the annexation. In the event that such an analysis is conducted which, in the sole opinion of the City meets the requirement of this subsection, and the terms and conditions of this Agreement are otherwise complied with, then the County covenants and agrees that: (i) it will not oppose the annexation by the City of any such lands located within the JPA, and (2) it will not file suit against the City challenging the validity of any ordinance annexing into the corporate limits of the City any such lands located within the Joint Planning Area or otherwise challenge or oppose any such annexation ordinances . The agreement of the County as set forth in this Section 6(D) is a material inducement to the City to enter into this Agreement and it is acknowledged and agreed that the City would not enter into this Agreement but for the inclusion of this Section 6(D) . Section 7. Annexation Outside of JPA. A. Unless and until this Agreement is modified or terminated in accordance with its terms, all future annexations -17- by the City shall occur only within the JPA, subject to the terms and conditions of Chapter 171, Florida Statutes, and this Agreement. B. If an annexation petition is filed with the City by the owner of land which does not lie within the JPA, then such annexation petition shall not be approved by the City unless and until this Agreement is amended to incorporate such land into the JPA; provided, however, that the County shall be under no duty to amend this Agreement to incorporate such land into the JPA and may accept or reject any such request to do so in its sole and absolute discretion. C. The provisions of this Section 7 are not applicable to the annexation of lands located within the Clarcona Rural Settlement and/or the Gotha Rural Settlement, the annexation of said lands being expressly prohibited as set forth herein. Section 8 . Joint Planning Area Land Use Map. A. Pursuant to the provisions of Section 163 .3171, Florida Statutes, the County hereby expressly authorizes the City to plan for and include within the City Comprehensive Plan, including the City Future Land Use Map, those lands located within the JPA so long as the future land uses for such lands as designated on the City Future Land Use Map are consistent with the Joint Planning Area Land Use Map; provided, however, that the City shall not exercise municipal jurisdiction over any such lands located within the JPA unless -18- and until such lands are annexed into the corporate limits of the City. Notwithstanding the foregoing, the parties hereto agree that the County Comprehensive Policy Plan shall control until annexation by the City. B. The City shall include the JPA within the City Comprehensive Plan but may not provide for future land use designations different from those set forth in the Joint Planning Area Land Use Map. For purposes of this Agreement only, the future land use designations for the area included in the Joint Planning Area Land Use Map are amendable by the parties hereto without a comprehensive plan amendment only after advertised public hearings are held by the City and County regarding the proposed amendment to the Joint Planning Area Land Use Map unless said public hearings are waived by both the County and the City. Any such amendment must be approved by a majority vote of the full Boards of both the Orange County Commission and the Ocoee City Commission. The Reviewing Party (as hereinafter defined) may require that the proposed amendment be considered at a joint advertised public hearing. C. For purposes of this Agreement only, the City or County may request an amendment to the Joint Planning Area Land Use Map (including but not limited to an extension of the boundary of the Joint Planning Area) in accordance with the procedures set forth in this Section 8(C) . In such case, the -19- party requesting the amendment (the "Amending Party") shall provide written notice to the other party (the "Reviewing Party") and the Planning Advisory Committee setting forth the reasons for the requested amendment. Within thirty (30) days of receipt of such notice by the Planning Advisory Committee, it shall meet to consider the proposed amendment and shall make such recommendations as it deems appropriate to the County and City with respect thereto. Within fourteen (14) after receipt of the recommendations of the PAC, the Reviewing Party shall notify the Amending Party whether or not it desires a public hearing to discuss the proposed amendment, and, if so, whether such hearing will be a joint public hearing. If a public hearing is requested by the Reviewing Party the City and County shall then schedule public hearings within sixty (60) days of the receipt of Reviewing Party' s notification to the Amending Party. Unless a joint public hearing has been requested, the first public hearing will be held by the Amending Party. If the proposed amendment is not approved by the Amending Party at its public hearing, then the request for the proposed amendment shall be deemed withdrawn by the Amending Party and no further action shall be required. If the proposed amendment is approved by the Amending Party at its public hearing, then the Reviewing Party shall consider the proposed amendment at its public hearing (or the joint public hearing) . If the proposed amendment is not approved by the Reviewing Party at its public -20- hearing (or the joint public hearing) , then the decision of the Reviewing Party may be appealed by the Amending Party to the East Central Florida Regional Planning Council for informal mediation. If a public hearing is not requested by the Reviewing Party, or if the Reviewing Party approves the proposed amendment, then in such event the Joint Planning Area Land Use Map shall be deemed to be amended in accordance with the request of the Amending Party. The approval of an amendment to the Joint Planning Area Land Use Map shall not be deemed to be an amendment to either the County Comprehensive Policy Plan or the City Comprehensive Plan and shall not be subject to the procedures with respect thereto; provided, however, that this section is not intended to discharge the City of any requirement under the Planning Act to amend the City Comprehensive Plan, including but not limited to the City Future Land Use Map and Intergovernmental Coordination Element, following any amendment to the Joint Planning Area Land Use Map; and provided, further that this section is not intended to discharge the County of any requirement under the Planning Act to amend the Intergovernmental Coordination Element of the County Comprehensive Policy Plan following any such amendment to the Joint Planning Area Land Use Map. Upon approval of such amendment as aforesaid, the City, if necessary pursuant to the applicable state statutes and regulations, may seek to amend its comprehensive plans so as to be consistent with the amendment to the Joint Planning Area Land Use Map and the City -21- may, if necessary pursuant to the applicable state statutes and regulations, amend the City Comprehensive Plan, including the City Future Land Use Map, so as to be consistent with the amended Joint Planning Area Land Use Map. The County agrees not to object to or challenge any such comprehensive plan amendment which is consistent with the amended Joint Planning Area Land Use Map. If the proposed amendment to the JPA Land Use Map is not approved as aforesaid, then the JPA Land Use Map will remain in full force and effect and the City shall not seek an amendment to the City Comprehensive Plan incorporating the proposed amendment to the JPA Land Use Map. D. The provisions of this Section 8 shall during the term of this Agreement be applicable to the City with respect to lands located within the JPA without regard to whether or not such land are annexed into the corporate limits of the City subsequent to the Effective Date. E. Nothing contained in this Section 8 shall be construed to require that the County seek or obtain an amendment to the JPA Land Use Map or to follow the procedures set forth in this Agreement in order to amend the County Future Land Use Map (and in particular the future land use designations of unincorporated areas within the JPA) , it being the intent of the parties that the JPA Land Use Map is applicable only with respect to the actions of the City upon the annexation of lands within the JPA. Accordingly, no signature by the chief elected -22- official of City shall be necessary on transmittals of amendments to Orange County' s Comprehensive Policy Plan. Section 9 . Obligation to Amend Comprehensive Plans . A. Subsequent to the Effective Date, the City and County shall proceed in good faith and with due diligence to amend their respective comprehensive plans in the manner set forth herein during their next comprehensive plan amendment cycle, but in no event shall : (1) such transmittal occur later than nine (9) months from the Effective Date and (2) such adoption occur later than eighteen (18) months from the Effective Date. B. Within ninety (90) days from the Effective Date each party shall submit to the other party drafts of the text of the amendments to their respective comprehensive plans called for by this section. Each party shall have thirty (30) days to review and comment on the other parties proposed amendments to its comprehensive plan. Thereafter, the parties shall proceed in good faith to amend their respective comprehensive plans in accordance with the provisions of the Planning Act and this Section. In connection therewith, the parties shall coordinate their consideration and scheduling of any such comprehensive plan amendments. C. The City shall proceed in good faith and with due diligence to amend the City Comprehensive Plan as follows : (1) To incorporate by reference this Agreement as part of the City Comprehensive Plan Intergovernmental -23- Coordination Element and to amend all provisions of the City Comprehensive Plan inconsistent with this Agreement so that the City Comprehensive Plan is consistent with this Agreement. (2) To reflect the current corporate limits of the City. For the purposes hereof, the corporate limits of the City include all of the Challenged Annexation Areas except for the Disputed Annexation Areas, which lands will be separately identified on the City Future Land Use Map in accordance with the provisions of Section 18 hereof . (3) To delete from the City Future Land Use Map all lands outside of the JPA and the corporate limits of the City, except for the Disputed Annexation Areas which will be separately identified on the City Future Land Use Map in accordance with the provisions of Section 18 hereof. (4) To reflect the Joint Planning Area on the City Future Land Use Map and other appropriate maps and exhibits to the City Comprehensive Plan. D. The County shall proceed in good faith and with due diligence to amend the County Comprehensive Policy Plan as follows : (1) To incorporate by reference this Agreement as part of the County Comprehensive Policy Plan Intergovernmental Coordination Element and to amend all provisions of the County Comprehensive Policy Plan inconsistent with this Agreement so that the County Comprehensive Policy Plan is consistent with this Agreement . -24- (2) To reflect the current corporate limits of the City, including all of the Challenged Annexation Areas except for the Disputed Annexation Areas. (3) To reflect the Joint Planning Area on the County Future Land Use Map (which will set forth future land uses applicable only to the City, and then, only upon annexation by the City) and other appropriate maps and exhibits to the County Comprehensive Policy Plan. (4) To create transition zones allowing up to two (2) dwelling units per acre in those areas of unincorporated Orange County which abut the outer boundary of the JPA and are outside the JPA and are adjacent and within to either the Gotha or Clarcona Rural Settlements . Such transition areas shall be provided for through policies in the County Comprehensive Policy Plan. E. Each party hereto shall consider in good faith any comments raised by other party pursuant to the provisions of Section 9(B) prior to transmittal of their respective comprehensive plans hereof with the objective of assuring that the proposed comprehensive plan amendments are consistent with the terms and conditions of this Agreement. In the event there is a dispute between the parties as to the content and/or text of any comprehensive plan amendment required by this Section, then the parties hereto agree to seek informal mediation by the East Central Florida Regional Planning Council. Following informal mediation, the parties will proceed in good faith to -25- amend their respective comprehensive plans, taking into consideration the results of such informal mediation and the provisions of the Planning Act. F. The parties hereto agree that the incorporation of this Agreement by reference (and exhibits incorporated by reference into this Agreement) into their respective comprehensive plans and the subsequent approval thereof by the State Land Planning Agency shall render any action by the City or County which is contrary to this Agreement as inconsistent with the City Comprehensive Plan and the County Comprehensive Policy Plan, respectively. G. Notwithstanding the existence of this Agreement, the City and County shall amend their respective comprehensive plans during their plan amendment cycle immediately following annexation of lands located within the JPA to ensure that the corporate limits of the City are properly configured and depicted on both City Comprehensive Plan and/or the County Comprehensive Policy Plan. H. This section is intended to comply with the provisions of Section 163 .3171(1) , Florida Statutes, with respect to the establishment of procedures for joint action in the preparation and adoption of the City and County comprehensive plans . Section 10 . Sewer and Water Service. A. The County hereby covenants and agrees to provide sewer and water service to those lands located within the -26- corporate limits of the City, and those hereafter annexed into the corporate limits of the City (which lands are also within the JPA) , and which lands are not within the City Water Service Territory or City Sewer Service Territory, respectively; provided, however, that the County shall not be obligated pursuant to this Agreement, to provide sewer and water service to the County Sewer Service Territory and the County Water Service Territory, respectively, unless the lands located therein have been annexed into the corporate limits of the City. The foregoing shall._ be subject to the property owner' s compliance with the applicable County rules and regulations with respect to sewer and water service provisions (including but not limited to the requirement that property owners install lines for a distance of up to one mile from their property to connect to the County' s system) . It is expressly agreed and understood between the parties that County' s reaffirmation to provide central sewer and water service as aforesaid is a material consideration to the City' s execution of this Agreement. B. In the event the County breaches its obligations under Section 10(A) because it is unable to provide sewer and/or water services, as set forth in Section 10(A) above, in a timely manner (as reasonably determined by the County, in accordance with rules and regulations of the County applied on a Countywide basis) , then in such event the County shall request wholesale service from the City in accordance with the Sewer Territorial Agreement and Water Territorial Agreement. -27- C. The Orange County Comprehensive Policy Plan shall not be used as a basis to excuse the County' s obligations under this section. Any provisions contained within the intergovernmental coordination element of the County Comprehensive Policy Plan or provisions of this Agreement which are in conflict with utility portions of the County Comprehensive Policy Plan shall control over said utility provisions in the County Comprehensive Policy Plan. D. The parties further agree that nothing in this Agreement, the Sewer Territorial Agreement and/or Water Territorial Agreement addresses in any way the reuse water rights of the City or County under Florida law. E. The intent of this section is to assure the availability of sewer and water service from either the City or the County to all lands located within the corporate limits of the City and upon annexation into the corporate limits of the City to such annexed lands which are located within the JPA. Section 11. Creation of Planning Advisory Committee. A. There is hereby created by the County and the City the "Orange County/City of Ocoee Planning Advisory Committee. " The PAC shall consist of two appointees from the City, two appointees from the County, and a fifth person to be selected by the four appointees. B. The PAC shall have the following purposes : (1) The PAC shall serve as a forum for the County and City to identify and discuss issues related to comprehensive plan implementation, and development and funding which affect the County and City in such areas as land use, transportation, drainage, conservation, solid waste, sanitary sewer, potable -28- water, natural groundwater aquifer recharge and recreation and open space planning. (2) The PAC shall serve as a forum to discuss annexation plans by the City. (3) The PAC shall review and make recommendations on all Interlocal agreements between the County and the City. (4) The PAC shall make recommendations to the City and County regarding any amendments to this Agreement, the Joint Planning Area, and/or the Joint Planning Area Land Use Map. (5) The PAC shall serve as a forum for sharing information and technical data and general discussion of matters of interlocal interest. (6) The PAC shall review and make recommendations to the County and City regarding any areas within the JPA or adjacent to the JPA requiring special study. (7) The PAC shall advise the County and City regarding the resolution of issues requiring intergovernmental concurrence. (8) The PAC shall foster the Goals, Policies and Objectives of the County Comprehensive Policy Plan and the City Comprehensive Plan. (9) The PAC shall serve such other advisory functions as may be jointly designated by the County and the City. C. The PAC shall be a purely advisory committee and shall have no authority to take any actions binding on either the County or City. -29- Section 12 . Conflict Resolution. A. The East Central Florida Regional Planning Council shall serve as a forum for the informal nonbinding mediation of intergovernmental disagreements and conflicts between the County and City with respect to the comprehensive planning matters and other matters set forth in this Agreement . B. Notwithstanding the foregoing, in the event that either party determines in good faith that it is necessary to file a lawsuit in order to meet a jurisdictional time period or otherwise preserve a legal right, said lawsuit shall be abated once the filing and any other act necessary to preserve the legal right occurs, and the parties shall refer the matter to the East Central Florida Regional Planning Council in accordance with the terms set forth herein. C. In the event the parties cannot resolve a conflict after following the procedures set forth in this Section, then in such event the parties may pursue such other remedies as may be available for resolution of such conflict, including but not limited to the pursuit of all available administrative and judicial remedies . Section 13 . Notices of Certain Applications . A. With respect to all lands located within the JPA, the City and County will each provide to the other notice of receipt of the following applications : (1) Annexation, (2) Deannexation, (3) Comprehensive Plan Amendment, including an -30- amendment to the future land use map, (4) Rezoning, and/or (5) Development of Regional Impact (collectively, the "Applications") . For the purposes of this Agreement, all references to "Applications" shall include any of the foregoing which are initiated by the City, the County and/or a property owner. Such notice shall be provided within ten (10) business days of receipt of an Application or initiation of such action by the City and/or County. Upon request, either party may obtain a copy of any such Application and be notified of all public hearing dates with respect thereto and of all other dates on which action may be taken with respect to such Application. B. Within ten (10) working days of receipt of notice of an Application from a party, and no less than 30 days prior to a public hearing scheduled by the party having jurisdiction over an Application, the party receiving notice may object in writing to any such Application. C. Any City comments shall be forwarded to the County Planning Director and to the members of the PAC. Any County comments shall be forwarded to the City Planning Director, City Manager and the members of the PAC. The County Planning Director and City Planning Director shall ensure that the comments are introduced at all appropriate public hearings. -31- Section 14 . Road Improvements to County Roads . A. The County and City acknowledge and agree that development within the City and the JPA in accordance with the City Future Land Use Map may require improvements to County roads in order to meet concurrency requirements under the Planning Act and the City Comprehensive Plan. Subject to compliance with all applicable County ordinances and policies, including but not limited to the holding of public hearings where applicable, the County agrees that it will consider in good faith any request from the City for authorization to make improvements to County roads which improvements are necessary in order to meet concurrency requirements under the Planning Act and the City Comprehensive Plan, so long as such improvements are at no cost or expense to the County. B. In the event the County denies a request from the City to permit the City to improve, at no cost or expense to the County, a County road which is located both within the corporate limits of the City and the JPA, then in such event the City expressly reserves all rights and remedies that may now or hereafter be available to the City, at law or in equity, including but not limited to all rights and remedies under the Planning Act, to appeal or otherwise challenge any such decision of the County. For the purposes of this Section, improvements to County roads include, but are not limited to, the extension of such roads, the addition of traffic lanes, -32- turn lanes, and/or signalization, the paving of such roads, the relocation and installation of utility infrastructure (consistent with the Sewer Territorial Agreement and the Water Territorial Agreement) within existing County roads and easements, and such other improvements as may be necessary to meet transportation concurrency requirements under the City Comprehensive Plan. C. The County will allow infrastructure improvements to that portion of Maguire Road which is both within the corporate limits of the City and the Joint Planning Area provided that said improvements are at no cost or expense to the County and are subject to the County' s permitting procedures and final approval, which approval shall not be unreasonably withheld. Section 15 . Battaglia East . With respect to the lands purported to have been annexed into the corporate limits of the City by City Ordinance No. 92-60, the City, the County and the owner of said lands have voluntarily agreed to the development in accordance with the site plan attached hereto as Exhibit "E" and by this reference made a part hereof, subject to the voluntary dismissal of the Lawsuit, with prejudice, with respect to City Ordinance Nos . 92-60 and 92-61 . Contemporaneous with the execution of this Agreement, the City and the owner of said lands will enter into a developer agreement requiring the development of the lands annexed by City Ordinance No. 92-60 to occur in accordance -33- with said site plan; provided, however, that said development restrictions shall only become effective upon the voluntary dismissal of the Lawsuit, with prejudice, as to the challenges to City Ordinance Nos . 92-60 and 92-61. Said developer agreement shall provide that it may not be amended without the prior written approval of the County. Section 16 . Reduction of City Urbanization Area. The parties hereto acknowledge and agree that the City Comprehensive Plan sets forth future land uses and plans for future annexation areas outside of the JPA and the current corporate limits of the City and that the future land uses for some of said lands may be inconsistent with the County Comprehensive Policy Plan. A result of this Agreement will be to reduce the area of future urbanization by the City as contemplated in the City Comprehensive Plan and reduce inconsistencies between the County Comprehensive Policy Plan and the City Comprehensive Plan. To this end the City has by this Agreement agreed, among other provisions, to the voluntary restriction of its annexation powers, to the elimination from the City Future Land Use Map of lands within unincorporated Orange County which are outside of the JPA, and to the protection of the Clarcona Rural Settlement and Gotha Rural Settlement. The adoption of this Agreement has served the further purpose of reducing inconsistencies between the County Comprehensive Policy Plan and the City Comprehensive regarding the future growth and development of lands within the JPA. -34- Section 17. County Future Land Use Map. The parties hereto acknowledge and agree that the future land uses designated on the Joint Planning Area Future Land Use Map are land uses which are intended to apply upon and in the event of annexation into the City of land located within the JPA and that such future land uses may be inconsistent with the future land uses shown on the County Future Land Use Map. Section 18 . Disputed Annexation and Rezoning Ordinances . The parties hereto acknowledge that they have been unable to settle the Lawsuit with respect to the Disputed Annexation Ordinances and the Disputed Rezoning Ordinances . The County expressly reserves the right to continue the Lawsuit with respect to the challenge to the Disputed Annexation Ordinances and the Disputed Rezoning Ordinances . In the event the County prevails in the Lawsuit with respect to the Disputed Annexation Areas, the City acknowledges and agrees that the Disputed Annexation Areas will lie outside of both the corporate limits of the City and the JPA. In the event the City prevails in the Lawsuit with respect to the Disputed Annexation Areas, the County acknowledges and agrees that the Disputed Annexation Areas will be within the corporate limits of the City and not subject to this Agreement. The City agrees that pending the resolution of the Lawsuit with respect to the Disputed Annexation Areas that it will not issue any Development Orders with respect thereto. The Disputed Annexation Areas shall be -35- identified in the proposed amendments to the City Comprehensive Plan and the County Comprehensive Policy Plan in a manner consistent with the provisions of this Section and both parties covenant and agree not to object to any such provisions . Following resolution of the Lawsuit, the City and County will each make such amendments to their respective comprehensive plans as may be necessary in order to conform such comprehensive plans to the resolution of the Lawsuit. Section 19 . Enforcement. This Agreement shall be enforceable by the parties hereto by whatever remedies are available in law or equity. Section 20. Notices . All notices, consents, approvals, waivers and elections which any party shall be requested or shall desire to make or give under this Agreement shall be in writing and shall be given only by hand delivery for which a receipt is obtain or certified mail, prepaid with confirmation of delivery requested. Notices shall be addressed to the addresses set forth below or that a party may otherwise designate in the manner prescribed herein. If to the County: County Planning Manager 201 S. Rosalind Avenue P.O. Box 1393 Orlando, Florida 32802 With a copy to: Orange County Administrator 201 S. Rosalind Avenue P.O. Box 1393 Orlando, Florida 32802 -36- If to the City: City Manager City of Ocoee 150 North Lakeshore Drive Ocoee, Florida 34761 With a copy to: Director of Planning City of Ocoee 150 North Lakeshore Drive Ocoee, Florida 34761 Notices, consents, approvals, waivers and elections shall be deemed given when received by the party for whom intended at such party' s address first herein specified, or such other address as such party may have substituted therefore by notice to the other. Section 21. Effect on Other Agreements . This Agreement shall supersede and repeal any and all other joint planning agreements between the parties, including, but not limited to that certain 1987 Interlocal Agreement, but shall under no circumstances be construed as amending, modifying or terminating the Sewer Territorial Agreement and/or the Water Territorial Agreement. Section 22. Other Municipalities . This Agreement shall not be construed as binding upon or affecting any municipality which is not a party hereto. Section 23 . Validity of Agreement . The City and the County each represent to the other their respective authority to enter into this Agreement, and acknowledge the validity and enforceability of this Agreement. The City hereby represents, warrants and covenants to and with -37- the County that this Agreement has been validly approved by the Ocoee City Commission at an advertised public hearing of the Ocoee City Commission held pursuant to the provisions of Sections 163 .3171(3) and 164 .106, Florida Statutes, that it has been fully executed and delivered by the City, that it constitutes a legal, valid and binding contract enforceable by the County against the City in accordance with its terms, and that the enforceability hereof is not subject to any impairment by the applicability of any public policy or police powers . The County hereby represents, warrants and covenants to and with the City that this Agreement has been validly approved by the Orange County Commission at an advertised public hearing of the Orange County Commission held pursuant to the provisions of Sections 163 .3171(3) and 164 . 106, Florida Statutes, that it has been duly executed and delivered by the County, that it constitutes a legal, valid and binding contract enforceable by the City against the County in accordance with its terms, and that the enforceability hereof is not subject to any impairment by the applicability of any public policy or police powers . Section 24 . Covenant to Enforce. If this Agreement or any portion hereof is challenged in any judicial, administrative or appellate proceeding (each party hereby covenanting with the other party not to initiate or pursue such challenge) , the parties hereto collectively and individually agree, at their individual sole cost and expense, -38- to defend its validity through a final judicial determination unless both parties mutually agree not to defend any such challenge or not to appeal any decision invalidating any portion of this Agreement; provided, however, that the foregoing shall not be construed as requiring either the City or County to defend the other ' s comprehensive plan, or any amendment thereto. Section 25 . Miscellaneous . A. Entire Agreement . This Agreement and the Settlement Agreement embodies and constitutes the entire understandings of the parties with respect to the subject matter addressed herein, and all prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and the Settlement Agreement. B. Amendment. This Agreement may not be modified or waived orally and shall only be amended pursuant to any instrument in writing and jointly executed by all of the parties hereto, shall be enforceable by, binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. Any party to this Agreement shall have the right, but not the obligation, to waive (in writing) rights or conditions herein reserved for the benefit of such party. C. Venue. This Agreement shall be governed by the laws of the State of Florida, and venue for any action to enforce -39- the provisions of this Agreement shall be in the Circuit Court in and for Orange County, Florida. D. Headings . The headings of the Sections of this Agreement are inserted for convenience or reference and in no way define, limit or describe the scope or intent of, or otherwise affect this Agreement. E. Representations . All covenants, agreements, representations and warranties made herein shall be deemed to have been material and relied on by each party to this Agreement. F. Counterparts . This Agreement may be executed in any number of counterparts, each of which, when executed and delivered, shall be an original, with all counterparts together constituting one and the same instrument. G. Construction. The provisions of this Agreement shall be liberally construed (i) as an expression of inter-governmental cooperation enabling each party to make the most efficient use of its powers in furtherance of the objectives of the Planning Act, and (ii) to effectuate the purposes hereof and the powers conferred by this Agreement. All parties have participated in the preparation of this Agreement, and the provisions hereof shall not be construed for or against any party by reason of authorship. H. Severability. If any provision of this Agreement is declared invalid by laws applicable thereto the invalidity -40- shall not affect other validity enacted portions of this Agreement. I . A fully executed original of this Agreement shall be filed with the Clerk of the Circuit Court of Orange County, Florida, as required by and in compliance with the provisions of Section 163 .01(11) , Florida Statutes . J. This Agreement is solely for the benefit of the formal parties herein and no right or cause of action shall accrue upon or by reason hereof, to or for the benefit of any third party not a formal party hereto. IN WITNESS WHEREOF, the County and City have executed this Agreement on behalf of the County and City, respectively, and have set their seals hereto as of the date set forth above. ORANGE COUNTY, FLORIDA BY: County Chairman DATE: ATTEST: Martha O. Haynie, County Comptroller As Clerk of the Board of County Commissioners BY: Deputy Clerk FOR THE USE AND RELIANCE OF ORANGE COUNTY ONLY. APPROVED AS TO FORM 19 Alison M. Yurko Assistant County Attorney -41- STATE OF FLORIDA COUNTY OF ORANGE I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared personally known to me or who has produced as identification Notary Public Printed Name: My Commission Expires : WITNESSED: CITY OF OCOEE, A Florida municipal corporation By: Print Name: S. Scott Vandergrift, Mayor Attest : Print Name: Jean Grafton, City Clerk (SEAL) FOR THE USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APPROVED AS TO FORM AND LEGALITY THIS DAY OF 1994 FOLEY & LARDNER APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING HELD BY: ON , 1994 UNDER AGENDA City Attorney ITEM NO. -42- STATE OF FLORIDA COUNTY OF ORANGE I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared S. SCOTT VANDERGRIFT and JEAN GRAFTON, personally known to me to be the Mayor and City Clerk, respectively, of the CITY OF OCOEE, 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 , 1994 . Signature of Notary Name of Notary (type, printed or stamped) Commission Number (if not legible on seal) : My Commission Expires (if not legible on seal) : AMY641 01/30/94 (w/o underlines & strike-thru) -43- EXHIBIT C CLARCONA RURAL SETTLEMENT RURAL SETTLEMENT BOUNDARY LINE R _ ® III 1'I �I.I O C \\,,,,„,,,......____,,R.. u .t�1 II , i'14R I- A R hii IIIIIII R � iI r;i-0,, :I , _l_�-1 I R KEENE RD. �; ,R= �_,•,.. -1fi 'L . 1I N I I I!lu m' IN I I • El 15 I/5 I 1/ I til IIIIIIIIII i. IN 1/5 IN 1/5 ,_� I -" IN IN I IN 1 H7.- 11 IIII,II.;.; 01 �G -� =-=-7115-i IN IL IN I _ -=f- 1/5 • 1/5 V .c I 1 ► LD. 1/5 1 1 I a Tek ; o `-. II- , _ �� IIIII1II � , 't,„ _ % I/5 Ittl, t a - fi- \ T e/sla :=171-111r* ‘ EL4- Car in 1 11 .41 :11---Id' R R ( IN I��r l/5 L vz( II I/2 / - �: Y1 rn r_ 4 1,111h I/1 J I/1 1/5 �� I- I_�, /-, 5 :it IL. ___. ____17 L-, - _71:T_ - ) III- µ ;f ( R R IIIIIIIIIIII1 4IIntUI"'.4111 11 —1/5 :, ill/5! � � 1/2 lin 4� ulI,.�, `1-� ` WB WV I' i ' I II . /' 1� 11- LD,izr,, DP R R I R �.- �II ✓ ��.1 0 mf R9 I/. / 5 PJ12! 21.1:0 ` 9Rfi:{e3?a:!!. Lpu, ,1`4.3-4,- 'n: "i'' �� —�-- R 1/ i u r \� 1'/5 i ® t--1� LO yul t' �.ISN • 111 / oCOEE .OC_ OEE RD. w / I_i2. 1 11 or- 11°F - T 1�.I����.11111101 C; :2.1.11.!--] WII{ /, �/ — IJ I • 1,911 1u11W1p31 U 1 •� uu / (//1 ♦ I r �.„!1111„1/\\ /Illf„„„.■.„. • R � R l,14 f�.q0 �.unn u� I. L ”. `Jc�UO OCOEE �,yQ` II�IIII LL I 1 par..l. 1 ri'1'i1 ' - L-'JI _ R �'1�-.L.I III, y� �Ir iffii I/I..�_1. 1�r _ • I I - � tM _��I\�I� �; 1'\ 11 R i I� Iu;y ..1!3, I .1._,76-11. l l ■. U� ',... 1. ut R_ / �; �11_Cl i� !II,. / 1 I I I-I ll 1________Irr4silml 1/_( II"I Illlll '..Kra va9 r. ..7:41I'»s Ea - II =J 111/I •�i� \u:. cwom'eo LAKE •� ;3r i unit/ II,IIIIIIIIIII IIIA IIII a �' =•u. .ra'•n '1.. `nn PS;R / IIII I II ( R-I II'. 3 --Q' nu•�.�! LD-i WB I:�.`'.... R .�.tu4c* III, i fi Z t iil..'•� LD 7 f Ih L0- !I •1:: -:-J r� � LD —III Unt1Ul..uu111111111111111j1 WB �.. LD IIIIIIUu�lgllm�i . il111111 ', ON i� G.: '• - OCOEE IIIU�' 1 h....l ..-r, �:1 L •:III n.M.0 a _• 1 O .,..ala IIIIIIIIID 0110I '11 —40-7-1-1 =' LD ti ��;,;, __ :e= = :�t�l • u 1 �1 L C• 01' '. 41::::,1:4•63;42111,14.,-1,4 5 7 t'1'' 4 L.'1 D-1r4 Ini� .3 �i �r,s+��� 7414 / Q�iii e�'•��©' c,.iu�I%�5��"e :��r.: -Q :I ;r unll u„nu„Itpp ♦loran:(• C.['s 2 /.!.% I - 4 .'i, ,,,„ 1', ~te �y�,.p: „...ES 7 1 1 ..l, `'. .. ° VIII iiiil `1 I V ji, _i`4 1 .:>;.,=:l 111 fitt+:4ii69If a. ' ./ -. -.. :r' - i 01/1 I nin LI At, 4:1,:. irJ1 f, :_:. rr- -/ ® Dt - 411 ., .... it, L.1 „;.,, C 7.. FA, 4., r A. 7111�� ” LD _ 11 r7LQ ,l LD - :// r LD CC T LQ� j�' ■ I ri'4 . R�" D � 7 ,..1 I i_A/iir ifLOp , MOI I iA r,�� I // �L .1°„A- LD1 '®��� LD1 �I Lp�� � ININ .1L �� I„/� I I/ r flat LAR. t. ,L'0 ucr. SETTLEMENT PROPOSAL: NOT TO BE USED IN CASE NO. CI93-245 1/25/94 EXHIBIT D GOTHA RURAL SETTLEMENT DISPUTED ANNEXATION AREAS _mom RURAL SETTLEMENT BOUNDARY LINE ..7� 47 „, Al. °nzfldvee� ,�� o —� c se, I MDL � ,. r -116 . LM . r ��. ► � WB I/ ,lei Aim. 1111�I0``�t,tL ' mD' Affill �3fNU1IIWllll6111"IC�� Nib .�� ._ �.� IIIItIIIIII�111111111111tA@� vii,f1//vi/ji:'_LD 9s id, a w .0 ii , tY • `M■. ■■11 == LD L M LM jdAi l l :i W B r 1w, a ,�_ A �il _ 1,1// s$47AV--- 1 1 ,,T,E, ___:# a iii I a Lg. \ , itli N 1/1 1 raini . III EE �p _ QLDSk7°0111111411111111n LD Mpg // /its///14, filliN m Lil QCQ7 �- �, • I- _I: %.�, V . ;..NIS � - ,�,' I /1—' - =I opo, —I/ ,WB iN 1'/'t .•.._1. _`4, OF —r I/ I1 IN ^rp � b_xjLI., 11 . _i i 1 t --C1) -214,4—111 s. , tit. . iLNi dill _A li i1 _ _ 1, I/ i lin L IllIII _� iiip y- 1/I , Web :A JfII'I I ... LAKE OL/V/A r IN= r 41kai mm 0 A4, / 41i:.23111 _.1./1 ' WB V I N lil Ce1 .■■■ ., 1 r 0,11-1-1-6 7•. 4 ---.)7 'VA 7 I I I I I �� • 1,___,,):-.-, 1 - - SETTLEMENT PROPOSAL: NOT TO BE USED IN LITIGATION f. ' gil . '.". • •0 .. • .X..-...T..r..;2e.. .. .giet...-\ -:":;'•...::..""17.I 7::7:::' ".•. . ;.. . .4•Ar.....!"..” -.7./L::-.7.." N. 2 ......,. ..;..v.,..-LE:'..1..i;i4.,...T. TV.;'.2t'...i....:,..:..'......! 2 - ••••41.. •••• •••-...• ......ap-o. ... .•a in •••• • ••• Ir. ••• .., - .22 .,...... li eit,...... .......w.••••••..,...,........ ,.!.....r.. „...... , ,,,.....„,,F#:. ..... ,...Z.r.i..: :,..... 4;7 .u. ..rm.. 41,......4:•.........„.:01....a:t.....- P' :-L . i*- -... ...:: ,!...7..;:;..,:4•471:17:::. ..........Z..,.......:.»....e, 0 To- aniftroortssion...411:Zr1-:^•••• .-; -0, - 0;7? 1:1 : I . ....... ,•••••••• r:.•,rz-t, ,--.4,...---.;_.. -.,tiz..7-.01••••:- ... --- ,.,........,- • --j••••.Hr" 6' ......T ...sal!. `721tiivs ,Itiz...c.a.4.r....t...;tLs!,,,t,•••:.••y tma. .........., ''.• O.*: .,.i;lkit!U- a •••• co ICJ ...4.t-T, , '..c.;Ig--.7 ...f*m..•4-4--7,--.1-7,-,...-. •:„.:::....-.., 4..-.....,cr-r-za, .... -,1....:-...-- .........„,.:: _ •. ..,_..,.,...r....s.., • , 'war ,-,1.0.:;111,13••• ;4, :Es.',-:;:---r .3,'".....••• .14.,..j .,. .,,r;r-,..„........./......... T'Lv.•••••....1"!':'4-:=1:. 7....=AiS.,::::...r.A.e.J---, • .:.; .... ............ -•".0z. -.;...r.:;..-r.L.-1,,..... t ° zof• ..........c.• r• o . .,.....,..z., ,,..,.9,11..-.....,....4,„.-77,•,-,: vi. ... ..;.......„thyii.. • i 1 ....... •`.23,-afar•,--.3:L:31..i-t - ......' .. ,'..,,,21.1••••••:'.....,2 .* •:.2,...+?:.....--,..r ...,......... ..g.1 •.,....Nar. ..:. ........2...,,•••.; ...',',,,Wd:.ia.2 :."';3- t-'"'"1" a 6:-...,- . ..'"...-;,v,•4,=.4tek , :. .. ......1.7kitz.:3.-tr.."4301.:. .A-..*:.•. ..zz..,.',7;ri t ,... .... .• : C1 tiEl f...i..17,-..41e.: *-..•-•' T" ''''Iff./..045.--1.!--- MIIMUnri. .T.12•• '-. '-'''...." .- MI" 111111, 's) 1.17::;;'?g=z1!' • ,r......Vir tit • •... 4 L L,........... ....-trr‘....:--•••••••••:-;7•••...,:..--,:t .---....:•,-;,• -..---7-.s I I I 4 I ., -,...,....,..,,,-1,-.._-....;;;...:„.......„. . ......: •••,:..::.: -: 0 .... ..., li ""-i. IFAre 41111. • • or eve‘logelo nh a. r OP a • 9 • • • • • a I i i ..*:"...::::tr'."-:.-.,:r.4.....;..47.,t,:.7.3.7:7: ..,z,i::7•1•:,..r.-. ":.::%-.''• i i I ' ''''. -'-';iti:•'..s.z...t. :11tio---.77.-:::. z - •••••••-4:,-:-.-,...-.1.:.•,..--... -. . ' •#.11110111 V.• I :li ,1 -. ,..........*:•,:if.;,----'...c .-r: 1.' 34..-. - I dier._„,;,..: .„ ,..,-,0•7i•.4. ,•,;:: ••:4:.'- .. -r::: 0 al6 A406 IC.urn - '1 - 0 INF w• rii ,,,, ..t..., . 41 I.i.i. al.111, 4, N./gr.•11 1.'603 11" Vs 11111..V. IMO IIIIII14k .1; in 0 cr I ; • 113-;.::,....!.:,,....-5-1 ;:,:',141:-att..:;;,•'•7 7.7...:4.::-.',...:CI ii:7' i 2 i .4•0•17"...%.'1.".'41::...,,Z.-_,-1.--7 ...'''.•:..''.7. '''- S: 0 Ion .. .. so .0 ._ • II ,• %I* IllataiiiiiiM nmem " 410 i• ', el on 0010•••• ...t.u. 9 i I i I, ..e.e''...7::::...-7:-""-.,.t.',; 1.t. ..".1:?. ."r1;',• .. .--....."!.-:P.,7- Stifellkila• 11119.1111111lin l". * I .4 i 1 i iti---i.:7;:4::;::::';'...2.2'.7-Lt7.,::-:.-.-•.:".' -7...4; 7 .. .:,...I . .II .42, i i: .F.........4.0-.-slt::... ' :a.:.•,,,,,....A0 n:.::• '.,s..••....----,n-- 104 Ile 1.11/0 A 0 II fts-••1,'.•.7. ....,..... stiidasttsilli dio re. 111241111.1111111*- *101 Mini. = ..k..... 1• '... .. 1,...., 7:2.. i I a' ......-.... ..- *:'...•rAPMr.44.•'.....i.... '••••••••.."...A..,:.•&... t•:,-"•^rf."."...••••,.......- ..,,, :: ••_„,..,__-.',.-• .' a . ..• I in .. ...-.:-....---.,----,-1,....,:••••••-•,-----. a il• -• :,-;:,.,,: - a :;;;Tpiii-.:.,,i.....ti...,7,....".Z:•:;.;,--::...1!: 9 1.........nrrr-;,..1 1 111111.3 t V 711 !IMF, • mum. If/.Iyamoi Ail 41%,Ne , cot F. -a c* , -, • f 3.••!;;;;;-..c-.4, 03 i .,---=:::3.3.7.c:-•-,.....=::,:,...,;..-:. :..:. -...,,,..,..,.,-.4-.,... jiggly a Iliat am. m re :-.tt...* --,,,* I -....;.„.........:4 t IIIIIIIIIII -Az -z. ''-'4'=-7-::-. .4. -...........,.......‘..4:4p-it.t.7. -1.-,_:- --; ' f."04.4.0**,•:-•e, ill----""""•111111.11111111. :I.CI ....771:4...-•:; tz:,:,,.....",:t"..t= '-',,,...:,(...-Zezt4,:i.7,-4;.-•,-",",r...!;tle.:'+'7*:.".7-•... 'L' '=.1 ... 1,„•7.-.:•.,-..i....:*.fie...--. ., -,A.7:-;P:12«•;•ct•14111nrx •".'"'i34:.* '-....-4";.,.:,.:•,..-.. ... r'"'.'t.1: .P...VAtia.... ...k L •••• .........4';!...7,,,e17.:.,.....:z,- .1,4,...,,,,,,,,c,„=„ -..2r,...:-‘..,...,.-,.,.......,„:•;••••••:-...-:--,..•.-,•••,.;:„....„,,,_ -...,...: •;.,:•-.-;.--...4...._, '''',"=; '...j7-'0-',..far_.--11. 711114744- •••• .-...•••;.,0.-or-4, '-i--7:_4TAtca-1.••*--••. ..;::,;...7.7e.,fri.,,..,.....t... . .4,7.4.4-- .:-. _.."..'-- - - ' mal: E.k 'oftmir....*--.2 - •••••470:4.:::.r.=4,-.17, ...:-'1.4v...n.,:-. s....p.......u....y.a....&)«.44ft.... .,.......1. :."4"....--27.1. € .am ma ma, an..../.' . •21,__,.........,z,,,Lr ,„.7.:.4.c:.:-.rae2...',As...:* ..."......'....r,•,...,:'-,,,---0'..-1..t.S.: ttz-r. :47;:f.:'um*....L7.a.se ooluazolo Si ...,-.. .-N.r•r.,..7=-- .......,..-... , ..: ...x,,,,‘..... , 1. -,=-,.-e•.,rz.„ -.3.z.amilint_solm•Itt'33', ,4-314.•44,:. . ,,..•--,•••.a. ,..--m-t-r...ze,''.4440`3•474;1.-..,÷..,,i--••:-. W.1 5 z ! -u.-.t,t__ .._,....'ur .0.*Ars:' '!"':',... ft.;61.--•mini:suLti.:••1.t. •i,57.: P.7.-..•••-• 2 3. . ''''-14'....;-7.7.-.43-43...". .....1..air,..=-,. . ,;,•-.-:1•1,mi•Esm,mi......:. '.7-,.... . ......s.,1.-7.:-..-- '. .......M1'...,t? ",•:••••rts,;.••••,,,-7 •...,1" ---.ki •-•'.... .•'',-,••••••••••••:.-:?,. ..-I.,......1•••••• • • • .... ''..:4'1.4' '4%...:••• .. .::... 124SCiSa- UNI EU nli - ,,...,,,,,,,•gto.,-.r..,Sitr,f4•••..-- =T., ::...-7::=;..--4-74r:-..,-,T=....,--Slirsr;.•-i ••• '. ,v; ."-... -6_, an BE' . : ,...,.-.7.4p.- ,,,,,....,..e.:,-1.:4-...,.., --...,6z. AL,4,1,....i.::-i !I 1 ,,...Irs•.Y i" I/4MM Lem Fr, ,......7-j.;... .:,;•. 477.7:7;.:•',7.'7.4-.r.....!...--,..-.: ' -...2'",:1'.`,'..-:%;..4,-.4:;:m....,,,,,-...,:. .• i.! '"'r";4:2 ,,. Y ;.MIMI apa" - - 1"... ,..j,,,,, ,--.1.,sz--...:.,,05.:::;..,..,,---.,-... . . ._ •,,..7:,...,,..A.. :.,...,:-.....z., . •.,..--4-r..•*.•• .7.1,...f4.7.:.- „,,,,m.::::,-:..,:-r.-5:-.•:-. •::..;;. --..: - II .t.....- ...,... ,-,....7s.;;:,...'..r.on.....i.Z.±1.....:4`.4.....::;; ..t.47,::.7. ...4:" ....i..c..... ,..:.......?..I.;.141'' V n';;;-:...a,‘",t•.:,''' .: •••-:..»,....,',7: . •,..%. •'4'"'s '74 ,::.... 1 _ . - ' ".:.,'Y.•••••#-"7:=-...' :4:. .:7•:-..':;:.-.:‘'!'-.';:.:7-"+.%Z :'....:..z.7.1.,.. .. '., - .:::' .--.---1.•,,--:'-`,... . ..-:.,-7. , :..-:,::- 7:-.... '7 ; 1 .....„. ......_-- :-,,- , ....- .,..7.-....:-.1::.-1--.-ve T.''''.7.",..7-"at',7"1...4...•••ragoa •••-•.• ,- • ..r.."2,22?"r'. .%2' . ,,,,, ".'-...,-: :2„...,,..... 7. ?,:t.:.....,,,.•• 1,.,,,it...7.•••.--::.0..;;;.......,.. -..... - - ,„,,,,....... , _ ...:.4,....:„.!.. : i • - • V • • • • 1 .2r'.. .... e.2e7N. ,''''',c mien.... .•••••... .... NoVtr-V . .• ..... ... . . -.--.- i =I + - _____ I i I i , •;i e-,., c L . :5 • cf! If4i,. • - " 1 II •T1 .4 -4 r• 1 tfli iiiaz .4e • -4 z id : I; i :IIIi 7 It" i • • .. z 2 ,.. 't £ 11 trlzi 71 .„.4.41 "• * Hi I Hit f2, - .to -;•I•11 4- IV 2 1111 l!'3: a a 41111116A c V -• a I : i •ti.:1; a z., • . ; tr. I P P. 1.1. .• ' ''''''' ''''. ;Ir' ''' ''l , 4. .... liiiht -141.0 ---...., , e,,. ... NI. • . 07 ii illi 1! .. -: ....... .... .............. ....... ....••••••••••• . ... .. r......... -,....- I 1 i i i X 1 g i i 2 : I ' t ! a • Lilt z- 4 11 • • 5 I i v . : E... 7 i Ink" -T v • z ____ EXHIBIT "E" - • • IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR ORANGE COUNTY, FLORIDA ORANGE COUNTY, a political subdivision of the State of Florida, CASE NO. CI 93-245 Plaintiff, vs. CITY OF OCOEE, a municipal corporation, Defendant. JOINT MOTION The parties, by and through their undersigned attorneys, respectfully move for the entry of the foregoing Stipulated Partial Final Judgment this day of , . 1994 . Orange County Attorneys Office Orange County Administration Center P.O. Box 1393 Orlando, Florida 32802-1393 (407) 836-7320 Attorney for Defendant, Orange County By: A. Bryant Applegate JOHN P. HORAN Assistant County Attorney Florida Bar No. 229830 Florida Bar No. 346926 . FOLEY & LARDNER 111 North Orange Avenue Suite 1800 Post Office Box 2193 Orlando, Florida 32802-2193 Telephone: 407/423-7656 --)\YEXHIBIT "B" 7`O `I O& C:\WPSITOCSIOCOEF—ANOINT.MOT11/10/94 DBJPHOdb IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR ORANGE COUNTY, FLORIDA CASE NO. CI93-245 ORANGE COUNTY, FLORIDA, a political subdivision of the State of Florida, Plaintiff, vs . CITY OF OCOEE, a municipal corporation, Defendant . STIPULATED PARTIAL FINAL JUDGMENT This matter comes before the Court on the parties ' Joint Motion, and the Court, being advised that parties have entered into a Settlement Agreement attached hereto as Exhibit "1" (the "Settlement Agreement") and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED: 1. All claims concerning the following challenged ordinances of the City of Ocoee are hereby dismissed with prejudice and Judgment of Dismissal is hereby entered thereon: City of Ocoee Ordinance Nos . 92-32, 92-34 , 92-36, 92-38, 92-42, 92-44, 92-46, 92-50, 92-54, 92-56, 92-60, 92-33, 92-35, 92-37, 92-39, 92-43, 92-45, 92-47, 92-51, 92-55, 92-57, and 92-61. Orange County, Florida, shall bring no further action seeking to challenge the aforesaid ordinances . Copy t���� cAMOrbly car '/a�Ik�r 2. The entry of this Stipulated Partial Final Judgment shall have no effect on Orange County, Florida' s claims challenging City of Ocoee Ordinance Nos. 92-72, 92-73, 92-74, 92-75, 92-76, and 92-77. 3 . Nothing in this Stipulated Partial Final Judgment shall preclude either party from enforcing the terms of the attached Settlement Agreement, and the Joint Planning Area Agreement attached as Exhibit "A" thereto, as it may from time to time be amended ("The Joint Planning Area Agreement") by the filing of a subsequent legal action. 4 . The Settlement Agreement and its exhibits, (specifically including the Joint Planning Area Agreement) , are attached hereto as Exhibit "1" and incorporated herein by reference. 5 . Breach of the Settlement Agreement and/or the Joint Planning Area Agreement, and any subsequent action to enforce said agreements, shall not vacate or effect the finality of this Stipulated Partial Final Judgment . 6. Each party shall bear its own attorney' s fees and costs . 7. The parties may, from time to time, amend the Joint Planning Area Agreement without any further action by this Court. -2- DONE AND ORDERED this day of , 1994, in Orlando, Orange County, Florida. Circuit Court Judge CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by U. S. Mail this day of , 1994 to JOHN HORAN, ESQ. , Foley & Lardner, 111 N. Orange Avenue, Suite 1800, Orlando, Florida 32801; A. BRYANT APPLEGATE, Assistant County Attorney, Orange County Attorney' s Office, P.O. Box 1393, Orlando, Florida 32802-1393; and to MIRANDA F. FITZGERALD, Attorney, Lowndes, Drosdick, Doster, Kantor & Reed, P.A. , Post Office Box 2809, Orlando, Florida 32802 . Judicial Assistant AMY: sac5809 01/24/94 -3- AGENDA 2-1-94 Item V B 2 r SETTLEMENT DOCUMENT: NOT TO BE USED IN CASE NO. 93-245 PURSUANT TO AGREEMENT BETWEEN THE PARTIES. JOINT PLANNING AREA AGREEMENT BETWEEN ORANGE COUNTY AND THE CITY OF OCOEE IN FURTHERANCE OF SETTLEMENT OF LITIGATION BETWEEN THE PARTIES , 1994 C oPV Rena 47 '/a`f9tt OK P TABLE OF CONTENTS PAGE Section 1. Recitals 5 Section 2. Authority 5 Section 3 . Definitions 5 Section 4 . Term 11 Section 5 . Preservation of Clarcona and Gotha Rural Settlements 12 Section 6 . Joint Planning Area 15 Section 7. Annexation Outside of JPA 17 Section 8 . Joint Planning Area Land Use Map 18 Section 9 . Obligation to Amend Comprehensive Plans 23 Section 10 . Sewer and Water Service 26 Section 11. Creation of Planning Advisory Committee 28 Section 12 . Conflict Resolution 30 Section 13 . Notices of Certain Applications 30 Section 14 . Road Improvements to County Roads 32 Section 15 . Battaglia East 33 Section 16 . Reduction of City Urbanization Area 34 Section 17. County Future Land Use Map 35 Section 18 . Disputed Annexation and Rezoning Ordinances 35 Section 19 . Enforceability 36 Section 20 . Notices 36 -i- TABLE OF CONTENTS cont 'd PAGE Section 21. Effect on Other Agreements 37 Section 22. Other Municipalities 37 Section 23 . Validity of Agreement 37 Section 24 . Covenant to Enforce 38 Section 25 . Miscellaneous 39 EXHIBITS "A" Legal Description of Joint Planning Area "B" Joint Planning Area Land Use Map "C" Clarcona Rural Settlement "D" Gotha Rural Settlement "E" Site Plan for Property Annexed by City Ordinance No . 92-60 -ii- JOINT PLANNING AREA AGREEMENT BETWEEN ORANGE COUNTY AND THE CITY OF OCOEE IN FURTHERANCE OF SETTLEMENT OF LITIGATION BETWEEN THE PARTIES THIS AGREEMENT (hereinafter the "Agreement") is made and entered into as of the _ day of , 1994, by and between ORANGE COUNTY, FLORIDA, a political subdivsion of the State of Florida (hereinafter the "County") and the CITY OF OCOEE, a Florida municipal corporation (hereinafter the "City") . RECITALS WHEREAS, both the County and the City exercise comprehensive planning authority pursuant to Chapter 163, Florida Statutes, the Local Government Comprehensive Planning and Land Development Regulation Act, and enforce land development regulations to regulate the development of land within the respective areas of jurisdiction of each party; and WHEREAS, the County and the City have the authority to enter into this Agreement pursuant to the Local Government Comprehensive Planning and Land Development Regulation Act in general and Section 163 .3171, Florida Statues, in particular; and WHEREAS, Section 163 .3177(6) (h) , Florida Statues, requires increased intergovernmental coordination, including, but not limited to, providing for: (1) a process to determine significant impacts of development on adjacent local governments, (2) a process for mitigating extra jurisdictional impacts, (3) a dispute resolution process to bring to closure in a timely manner disputes between local governments related to development proposals that have impacts on adjacent local governments, and (4) a procedure to identify and implement joint planning areas, especially for the purpose of annexation and identification of infrastructure service areas; and WHEREAS, in order to accomplish the objective of the Local Government Comprehensive and Land Development Regulation Act in general and Section 163 .3177(6) (h) , Florida Statutes, in particular, the County and City intend, during the term of this Agreement, to restrict future annexations by the City to lands within the Joint Planning Area ("the JPA") (as hereinafter defined) and upon annexation of lands within the Joint Planning Area to restrict the land uses which may be approved by the City; and WHEREAS, there is no intent for this Agreement to restrict the County' s ability to amend its Comprehensive Plan for unincorporated areas within the JPA; and WHEREAS, the agreement of the City to restrict its annexation authority and be bound by the provisions of this Agreement within the JPA is a material inducement to the County to enter into this Agreement and the County would not enter into this Agreement but for such agreement by the City; and WHEREAS, this Agreement is further intended (1) to protect the Clarcona Rural Settlement and the Gotha Rural Settlement, -2- (2) to foster the objectives of the County Comprehensive Policy Plan with respect to said rural settlements, including but not limited to Objective 2 . 1 of the County Comprehensive Policy Plan, and (3) to prevent annexation by the City within the said rural settlements; and WHEREAS, the lands within the JPA are ideally suited for future annexation by the City; and WHEREAS, there are numerous parcels within the JPA which are Enclaves (as hereinafter defined) which are ideally suited for future annexation by the City; and WHEREAS, the orderly planning for future development within the JPA requires that the procedures set forth herein be followed so that property owners within the JPA may be fully informed of the requirements of the City and County; and WHEREAS, the County has filed the Lawsuit (as hereinafter defined) against the City challenging the validity of the Challenged Annexation Ordinances, the Challenged Rezoning Ordinances, the Disputed Annexation Ordinances and the Disputed Rezoning Ordinances (as hereinafter defined) ; and WHEREAS, this Agreement is being executed in conjunction with a settlement agreement which dismisses with prejudice (subject to the rights of the parties to litigate enforcement of this Agreement and the Settlement Agreement) all of the Lawsuit except for the portion relating to the Disputed Annexation Areas (as hereinafter defined) ; -3- WHEREAS, this Agreement will further provide for the allocation of appropriate responsibility within the JPA and those lands annexed by the Challenged Annexation Ordinances for public facilities and services providing for the public' s health, safety and welfare; and WHEREAS, this Agreement has been approved at advertised public hearings held by the Local Planning Agencies of both the City and County; and WHEREAS, pursuant to Sections 163 .3171(3) and 164 . 106, Florida Statutes, this Agreement has been approved at advertised public hearings held by both the Orange County Commission and the Ocoee City Commission; and WHEREAS, the County is an incorporated Charter County with authority to enter into and approve this Agreement; and WHEREAS, the City is a municipal corporation with authority to enter into and approve this Agreement; and WHEREAS, the City and County seek to enter into this Agreement in order to achieve the settlement of the Lawsuit and to further the objectives of the County Comprehensive Policy Plan and the City Comprehensive Plan. NOW, THEREFORE, in consideration of the covenants made by each party to the other and of the mutual advantages to be -4- realized by the parties hereto, the receipt and sufficiency of which is hereby acknowledged, the County and the City hereby agree as follows: Section 1. Recitals. The above Recitals are true and correct and are incorporated herein by reference. Section 2 . Authority. This Agreement is entered into pursuant to (1) Chapters 125, 163, 164 and 166, Florida Statutes, (2) the general authority of Section 163 .01, Florida Statutes, relating to interlocal agreements and (3) the Charters of the County and City. Furthermore, certain provisions contained herein are entered into pursuant to specific authority of Section 163 .3171(3) and Section 163 .3177(6) (h) (1) (e) , Florida Statutes . Section 3 . Definitions . For the purposes of this Agreement, the following terms shall have the meanings set forth in this section unless otherwise indicated by the context: A. "Agreement" means this Joint Planning Area Agreement between Orange County and the City of Ocoee in furtherance of settlement of the Lawsuit. B. "Challenged Annexation Areas" means those land purported to have been annexed into the corporate limits of the City by the Challenged Annexation Ordinances . C. "Challenged Annexation Ordinances" means City Ordinance Nos . 92-32, 92-34, 92-36, 92-38, 92-42, 92-44, 92-46, 92-50, 92-54, 92-56, and 92-60 all of which were adopted by the Ocoee City Commission on December 14, 15 and 16, 1992. -5- D. "Challenged Rezoning Ordinances" means City Ordinance Nos. 92-33, 92-35, 92-37, 92-39, 92-43, 92-45, 92-47, 92-51, 92-55, 92-57, and 92-61 all of which were adopted by the Ocoee City Commission on December 14, 15 and 16, 1992 . E. "City" means the City of Ocoee, a Florida municipal corporation. F. "City Comprehensive Plan" means the Comprehensive Plan of the City of Ocoee adopted on September 18, 1991 by City Ordinance No. 91-28, as it may from time-to-time be amended. G. "City Future Land Use Map" means the City of Ocoee Future Land Use Map 2010 attached to the Ocoee Comprehensive Plan as Figure 2 and by this reference made a part hereof, as it may from time to time be amended. H. "City Sewer Service Territory" means those lands to which the City may provide sewer service, as described in the Sewer Service Territorial Agreement, as it may be amended or replaced from time to time. I . "City Water Service Territory" means those lands to which the City may provide water service, as described in the Water Territorial Agreement, as it may be amended or replaced from time to time. J. "Clarcona Rural Settlement" means, for the purposes of this Agreement, those lands depicted in Exhibit "C" attached hereto and by this reference made a part hereof, all of which -6- as of the Effective Date lie outside of both the JPA and the corporate limits of the City. K. "County" means Orange County, Florida, a political subdivision of the State of Florida. L. "County Comprehensive Policy Plan" means the Orange County Comprehensive Policy Plan 1990-2010, in effect as of the Effective Date of this Agreement, as it may from time to time be amended. M. "County Future Land Use Map" means the Orange County Comprehensive Policy Plan 1990-2010 Future Land Use Map Series, dated August 31, 1992, and by this reference made a part hereof, as it may from time to time be amended. N. "County Sewer Service Territory" means, for the purposes of this Agreement, those lands which are outside the City Sewer Service Territory. 0. "County Water Service Territory" means, for the purposes of this Agreement, those lands which are outside the City Water Service Territory. P. "Development Order" shall have the same meaning as set forth in the Planning Act. Q. "Disputed Annexation Areas" means those lands purported to have been annexed into the corporate limits of the City by the Disputed Annexation Ordinances . R. "Disputed Annexation Ordinances" means City Ordinance Nos . 92-72 and 92-74 adopted by the Ocoee City Commission on -7- December 16, 1992 and City Ordinance No. 92-76 adopted by the Ocoee City Commission on January 5, 1993 . S. "Disputed Rezoning Ordinances" means City Ordinance Nos. 92-73 and 92-75 adopted by the Ocoee City Commission on December 16, 1992 and City Ordinance No. 92-77 adopted by the Ocoee City Commission on January 5, 1993 . T. "Effective Date" means the date when the last one of the City and County has signed this Agreement, which date will be inserted on page 1 of this Agreement. U. "Enclave" shall be as defined by Chapter 171, Florida Statutes . V. "Gotha Rural Settlement" means for the purposes of this Agreement, those lands depicted in Exhibit "D" attached hereto and by this reference made a part hereof, all of which as of the Effective Date lie outside both the JPA and the corporate limits of the City. W. "Joint Planning Area" or "JPA" means those land which, as of the Effective Date, (1) are located in unincorporated Orange County, and (2) lie within the Joint Planning Area as depicted in Exhibit "A" attached hereto and by this reference made a part hereof . There is expressly excluded from the JPA all lands which, as of the Effective Date, are located within the corporate limits of the City, including but not limited to those lands annexed into the corporate limits of the City of Ocoee by all of the Challenged Annexation Ordinances . -8- X. "Joint Planning Area Land Use Map" or "JPA Land Use Map" means that certain map attached hereto as in Exhibit "B" and by this reference made a part hereof which graphically depicts the boundaries of the Joint Planning Area and the future land uses for lands located within the Joint Planning Area, which future land uses will be applicable only to the City and then only upon annexation of said lands into the corporate limits of the City. Y. "Lawsuit" means that certain Complaint for Certiorari and Declaratory Relief brought by the County against the City in the Circuit Court of the Ninth Judicial Circuit which has been assigned Case No. CI93-245, as such complaint may from time to time be amended, challenging the validity of the Challenged Annexation Ordinances, the Challenged Rezoning Ordinances, the Disputed Annexation Ordinances and the Disputed Rezoning Ordinances . Z. "Planning Act" means Part II of Chapter 163, Florida Statues (1992) , as amended by Chapter 93-206, Laws of Florida, also known as the Local Government Comprehensive Planning and Land Development Regulation Act and as it may from time to time be amended. AA. "Planning Advisory Committee" or "PAC" means that certain Orange County/City of Ocoee Planning Advisory Committee jointly established by the City and County pursuant to Section 11 of this Agreement. -9- AB. "1987 Interlocal Agreement" means that certain Interlocal Agreement for Joint Comprehensive Planning Area, dated January 20, 1987, between the City and the County. AC. "Settlement Agreement" means that certain settlement agreement of even date herewith which results in a stipulated partial final judgment allowing dismissal of the Lawsuit with prejudice as to all of the Challenged Annexation Ordinances and Challenged Rezoning Ordinances, while reserving the rights of the parties to litigate enforcement of this Agreement, and the Settlement Agreement, if necessary. The Settlement Agreement in no way affects the Lawsuit with respect to the Disputed Annexation Ordinances and Disputed Rezoning Ordinances. AD. "Sewer Territorial Agreement" means that certain Orange County/City of Ocoee Sewer Service Territorial Agreement, formerly known as the Orange County/Prima Vista Utility Company, Inc. Sewer Service Territorial Agreement (Contract No. S-87-8) dated June 8, 1987 by and between Orange County and Prima Vista Utility Company, Inc. ("PVU") as recorded on June 10, 1987 in Official Records Book 3894, Page 1363, Public Records of Orange County, Florida, as assigned by PVU to the City by Assignment of Sewer Service Territorial Agreement dated November 30, 1987, by and between PVU and the City, and as amended by Letter Agreement S-1 dated July 13, 1988 between the City and County, and as further amended on this date by separate agreement between the City and County, as it may from time to time be amended. -10- AE. "Water Territorial Agreement" means that certain Orange County/City of Ocoee Water Service Territorial Agreement (Contract No. W-88-06) dated November 14, 1988, by and between Orange County and the City, as recorded on November 23, 1988 in Official Records Book 4034, Page 291, Public Records of Orange County, Florida and as amended on this date by separate agreement amended by the City and County, as it may from time to time be amended. Section 4 . Term. A. The term of this Agreement shall commence on the Effective Date and shall terminate ten (10 years thereafter unless extended in accordance with provisions of Section 4(B) below. B. This Agreement shall be automatically extended for an additional one (1) year term (i .e. , until eleven (11) years from the Effective Date) unless either the City and/or the County, as the case may be, delivers a notice of non-renewal to the other party at least one (1) year prior to the expiration of the initial ten (10) year term of this Agreement. Thereafter, this Agreement shall be automatically extended for consecutive one (1) year terms unless either the City and/or the County, as the case may be, delivers a notice of non-renewal to the other party at least nine (9) months prior to the termination date of any such extended one (1) year term. The party or parties giving such a notice of non-renewal -11- as aforesaid may, in such parties sole discretion, revoke such notice of non-renewal at any time prior to the expiration date of the initial 10-year term or any extended term of this Agreement. Nothing contained herein shall preclude either party from pursuing with the other party an amendment or modification to this Agreement in connection with the delivery of any such notice of non-renewal . Section 5. Preservation of Clarcona and Gotha Rural Settlements . A. The City hereby covenants and agrees that during the term of this Agreement it will not annex into the corporate limits of the City, whether by voluntary or involuntary annexations, any lands located within either the Clarcona Rural Settlement or the Gotha Rural Settlement. B. The City hereby expressly recognizes the authority of the County, in its discretion, to designate all or any portion of the Clarcona Rural Settlement and the Gotha Rural Settlement as "Preservation Districts" pursuant to the provisions of Section 505 of the Orange County Charter entitled Voluntary Annexation and to further provide for an exclusive method of annexation with respect to the lands so designated. The City further covenants and agrees not to sue or otherwise challenge the validity of Section 505 of the Orange County Charter entitled Voluntary Annexation or any designation of the Clarcona Rural Settlement and/or Gotha Rural Settlement as "Preservation Districts" pursuant to the terms thereof. -12- C. Nothing contained in this Agreement or the City Comprehensive Plan or the County Comprehensive Policy Plan, as each will be amended to incorporate this Agreement pursuant to the provisions of Section 9 hereof, shall be deemed as a waiver or estoppel of the authority of the County to create Preservation Districts and otherwise provide for an exclusive method of voluntary annexation, which method would supersede general law, as expressly authorized by Chapter 171, Florida Statutes, and the Orange County Charter. D. Nothing contained herein shall be construed to limit the right of any owner of real property within the Clarcona Rural Settlement and/or the Gotha Rural Settlement (1) to petition the Orange County Commission and the Ocoee City Commission for an amendment to the JPA so as to allow annexation of such owners real property into the corporate limits of the City in accordance with applicable statutes and ordinances, which amendment may be granted or denied by the Orange County Commission and the Ocoee City Commission, in their sole and absolute discretion, provided that any such actions must be taken only at an advertised public hearing, and then, upon amendment of the JPA pursuant to the procedures set forth herein to include such property, or (2) to petition the City for annexation of such owner' s real property into the corporate limits of the City in accordance with this Agreement and applicable statutes and ordinances . -13- E. In the event the City during the term of this Agreement annexes into the corporate limits of the City any lands located within the Clarcona Rural Settlement or the Gotha Rural Settlement, then in such event (1) the County shall have standing to challenge the validity of any such annexation occurring if it is in violation of the provisions of this Section, and (2) the City agrees that no Development Orders and no changes to the land use designation of any such annexed lands may occur without a majority vote of the full membership of both the Orange County Commission and the Ocoee City Commission. This section is intended to grant to the County extraterritorial powers pursuant to Section 163 .3171, Florida Statutes, with respect to any lands within the Clarcona Rural Settlement and/or Gotha Rural Settlement which may hereafter be annexed by the City and shall be in addition to any other remedies in law or equity that the County may have. F. It is expressly understood between the parties that the City' s covenant not to annex areas within the Clarcona Rural Settlement and Gotha Rural Settlement is a material consideration for the County' s voluntary dismissal, with prejudice, of the Lawsuit as the Challenged Annexation Ordinances and the Challenged Rezoning Ordinances. It is further understood that nothing contained in the foregoing section is intended to connote authorization by the County of annexation by the City into the Clarcona Rural Settlement or -14- Gotha Rural Settlement. Rather, said section is intended to insure that the County retain planning jurisdiction over any such annexed areas and that adjacent residents have meaningful input into any such annexation decisions in the event that the City' s covenant not to annex into the Clarcona Rural Settlement is either violated or declared invalid for any reason. G. It is expressly understood between the parties that the covenants and agreements of the City set forth in this Section 5 constitute a material inducement by the City to the County to enter into this Agreement and the Settlement Agreement. Section 6. Joint Planning Area. A. Amendment to Future Land Use Maps . The City agrees that with respect to lands located within the JPA that it will not amend the City Future Land Use Map, except as expressly required by Section 9 hereof and except as permitted in accordance with the procedures set forth in Section 8 hereof . Subject to the provisions of Section 13 hereof, the parties expressly agree and acknowledge that notwithstanding anything contained herein to the contrary, nothing in this Agreement shall be construed to limit or restrict the right of the County to amend or revise the County Future Land Use Map in accordance with the provisions of the Planning Act. B. Comprehensive Plan and Land Use Regulations . Until such time as any lands within the JPA are annexed by the City -15- pursuant to the procedures set forth in this Agreement and the applicable state statutes and regulations, it is agreed as follows with respect to lands located within the JPA: (1) the County Comprehensive Policy Plan and land development regulations shall control such land, and (2) the County shall exercise exclusive authority over such land. Upon adoption by the City of an ordinance annexing into the corporate limits of the City any lands located within the JPA, it is agreed as follows with respect to any such lands so annexed: (1) the City Comprehensive Plan and land development regulations shall control such annexed lands, (2) concurrent with the annexation of such annexed lands the City may establish an initial zoning for and rezone such annexed lands consistent with the City Comprehensive Plan and this Agreement and the applicable state statutes and regulations, (3) the City may issue Development Orders with respect to such annexed lands prior to the adoption of an amendment of the City Comprehensive Plan to include such annexed lands so long as such Development Orders are consistent with the City Comprehensive Plan and this Agreement and the applicable state statutes and regulations, and (4) the City may immediately exercise municipal jurisdiction over such annexed land for the purposes of the Planning Act. C. Designation. The parties hereto hereby designate those lands depicted in Exhibit "A" hereto and graphically depicted in Exhibit "B" hereto as the "Joint Planning Area. " -16- D. Future Annexation. The parties hereto acknowledge and agree that lands located within the Joint Planning Area, including any Enclaves located therein, are logical candidates for annexation by the City, subject to the provisions of Chapter 171, Florida Statutes . The City hereby covenants and agrees that it will conduct a public facilities and services analysis for any area being annexed and take into consideration the fiscal impact of such annexation prior to approving the annexation. In the event that such an analysis is conducted which, in the sole opinion of the City meets the requirement of this subsection, and the terms and conditions of this Agreement are otherwise complied with, then the County covenants and agrees that: (i) it will not oppose the annexation by the City of any such lands located within the JPA, and (2) it will not file suit against the City challenging the validity of any ordinance annexing into the corporate limits of the City any such lands located within the Joint Planning Area or otherwise challenge or oppose any such annexation ordinances . The agreement of the County as set forth in this Section 6(D) is a material inducement to the City to enter into this Agreement and it is acknowledged and agreed that the City would not enter into this Agreement but for the inclusion of this Section 6(D) . Section 7 . Annexation Outside of JPA. A. Unless and until this Agreement is modified or terminated in accordance with its terms, all future annexations -17- by the City shall occur only within the JPA, subject to the terms and conditions of Chapter 171, Florida Statutes, and this Agreement. B. If an annexation petition is filed with the City by the owner of land which does not lie within the JPA, then such annexation petition shall not be approved by the City unless and until this Agreement is amended to incorporate such land into the JPA; provided, however, that the County shall be under no duty to amend this Agreement to incorporate such land into the JPA and may accept or reject any such request to do so in its sole and absolute discretion. C. The provisions of this Section 7 are not applicable to the annexation of lands located within the Clarcona Rural Settlement and/or the Gotha Rural Settlement, the annexation of said lands being expressly prohibited as set forth herein. Section 8 . Joint Planning Area Land Use Map. A. Pursuant to the provisions of Section 163 .3171, Florida Statutes, the County hereby expressly authorizes the City to plan for and include within the City Comprehensive Plan, including the City Future Land Use Map, those lands located within the JPA so long as the future land uses for such lands as designated on the City Future Land Use Map are consistent with the Joint Planning Area Land Use Map; provided, however, that the City shall not exercise municipal jurisdiction over any such lands located within the JPA unless -18- and until such lands are annexed into the corporate limits of the City. Notwithstanding the foregoing, the parties hereto agree that the County Comprehensive Policy Plan shall control until annexation by the City. B. The City shall include the JPA within the City Comprehensive Plan but may not provide for future land use designations different from those set forth in the Joint Planning Area Land Use Map. For purposes of this Agreement only, the future land use designations for the area included in the Joint Planning Area Land Use Map are amendable by the parties hereto without a comprehensive plan amendment only after advertised public hearings are held by the City and County regarding the proposed amendment to the Joint Planning Area Land Use Map unless said public hearings are waived by both the County and the City. Any such amendment must be approved by a majority vote of the full Boards of both the Orange County Commission and the Ocoee City Commission. The Reviewing Party (as hereinafter defined) may require that the proposed amendment be considered at a joint advertised public hearing. C. For purposes of this Agreement only, the City or County may request an amendment to the Joint Planning Area Land Use Map (including but not limited to an extension of the boundary of the Joint Planning Area) in accordance with the procedures set forth in this Section 8(C) . In such case, the -19- party requesting the amendment (the "Amending Party") shall provide written notice to the other party (the "Reviewing Party") and the Planning Advisory Committee setting forth the reasons for the requested amendment. Within thirty (30) days of receipt of such notice by the Planning Advisory Committee, it shall meet to consider the proposed amendment and shall make such recommendations as it deems appropriate to the County and City with respect thereto. Within fourteen (14) after receipt of the recommendations of the PAC, the Reviewing Party shall notify the Amending Party whether or not it desires a public hearing to discuss the proposed amendment, and, if so, whether such hearing will be a joint public hearing. If a public hearing is requested by the Reviewing Party the City and County shall then schedule public hearings within sixty (60) days of the receipt of Reviewing Party' s notification to the Amending Party. Unless a joint public hearing has been requested, the first public hearing will be held by the Amending Party. If the proposed amendment is not approved by the Amending Party at its public hearing, then the request for the proposed amendment shall be deemed withdrawn by the Amending Party and no further action shall be required. If the proposed amendment is approved by the Amending Party at its public hearing, then the Reviewing Party shall consider the proposed amendment at its public hearing (or the joint public hearing) . If the proposed amendment is not approved by the Reviewing Party at its public -20- hearing (or the joint public hearing) , then the decision of the Reviewing Party may be appealed by the Amending Party to the East Central Florida Regional Planning Council for informal mediation. If a public hearing is not requested by the Reviewing Party, or if the Reviewing Party approves the proposed amendment, then in such event the Joint Planning Area Land Use Map shall be deemed to be amended in accordance with the request of the Amending Party. The approval of an amendment to the Joint Planning Area Land Use Map shall not be deemed to be an amendment to either the County Comprehensive Policy Plan or the City Comprehensive Plan and shall not be subject to the procedures with respect thereto; provided, however, that this section is not intended to discharge the City of any requirement under the Planning Act to amend the City Comprehensive Plan, including but not limited to the City Future Land Use Map and Intergovernmental Coordination Element, following any amendment to the Joint Planning Area Land Use Map; and provided, further that this section is not intended to discharge the County of any requirement under the Planning Act to amend the Intergovernmental Coordination Element of the County Comprehensive Policy Plan following any such amendment to the Joint Planning Area Land Use Map. Upon approval of such amendment as aforesaid, the City, if necessary pursuant to the applicable state statutes and regulations, may seek to amend its comprehensive plans so as to be consistent with the amendment to the Joint Planning Area Land Use Map and the City -21- may, if necessary pursuant to the applicable state statutes and regulations, amend the City Comprehensive Plan, including the City Future Land Use Map, so as to be consistent with the amended Joint Planning Area Land Use Map. The County agrees not to object to or challenge any such comprehensive plan amendment which is consistent with the amended Joint Planning Area Land Use Map. If the proposed amendment to the JPA Land Use Map is not approved as aforesaid, then the JPA Land Use Map will remain in full force and effect and the City shall not seek an amendment to the City Comprehensive Plan incorporating the proposed amendment to the JPA Land Use Map. D. The provisions of this Section 8 shall during the term of this Agreement be applicable to the City with respect to lands located within the JPA without regard to whether or not such land are annexed into the corporate limits of the City subsequent to the Effective Date. E. Nothing contained in this Section 8 shall be construed to require that the County seek or obtain an amendment to the JPA Land Use Map or to follow the procedures set forth in this Agreement in order to amend the County Future Land Use Map (and in particular the future land use designations of unincorporated areas within the JPA) , it being the intent of the parties that the JPA Land Use Map is applicable only with respect to the actions of the City upon the annexation of lands within the JPA. Accordingly, no signature by the chief elected -22- official of City shall be necessary on transmittals of amendments to Orange County's Comprehensive Policy Plan. Section 9 . Obligation to Amend Comprehensive Plans. A. Subsequent to the Effective Date, the City and County shall proceed in good faith and with due diligence to amend their respective comprehensive plans in the manner set forth herein during their next comprehensive plan amendment cycle, but in no event shall : (1) such transmittal occur later than nine (9) months from the Effective Date and (2) such adoption occur later than eighteen (18) months from the Effective Date. B. Within ninety (90) days from the Effective Date each party shall submit to the other party drafts of the text of the amendments to their respective comprehensive plans called for by this section. Each party shall have thirty (30) days to review and comment on the other parties proposed amendments to its comprehensive plan. Thereafter, the parties shall proceed in good faith to amend their respective comprehensive plans in accordance with the provisions of the Planning Act and this Section. In connection therewith, the parties shall coordinate their consideration and scheduling of any such comprehensive plan amendments . C. The City shall proceed in good faith and with due diligence to amend the City Comprehensive Plan as follows: (1) To incorporate by reference this Agreement as part of the City Comprehensive Plan Intergovernmental -23- Coordination Element and to amend all provisions of the City Comprehensive Plan inconsistent with this Agreement so that the City Comprehensive Plan is consistent with this Agreement. (2) To reflect the current corporate limits of the City. For the purposes hereof, the corporate limits of the City include all of the Challenged Annexation Areas except for the Disputed Annexation Areas, which lands will be separately identified on the City Future Land Use Map in accordance with the provisions of Section 18 hereof. (3) To delete from the City Future Land Use Map all lands outside of the JPA and the corporate limits of the City, except for the Disputed Annexation Areas which will be separately identified on the City Future Land Use Map in accordance with the provisions of Section 18 hereof . (4) To reflect the Joint Planning Area on the City Future Land Use Map and other appropriate maps and exhibits to the City Comprehensive Plan. D. The County shall proceed in good faith and with due diligence to amend the County Comprehensive Policy Plan as follows : (1) To incorporate by reference this Agreement as part of the County Comprehensive Policy Plan Intergovernmental Coordination Element and to amend all provisions of the County Comprehensive Policy Plan inconsistent with this Agreement so that the County Comprehensive Policy Plan is consistent with this Agreement. -24- (2) To reflect the current corporate limits of the City, including all of the Challenged Annexation Areas except for the Disputed Annexation Areas . (3) To reflect the Joint Planning Area on the County Future Land Use Map (which will set forth future land uses applicable only to the City, and then, only upon annexation by the City) and other appropriate maps and exhibits to the County Comprehensive Policy Plan. (4) To create transition zones allowing up to two (2) dwelling units per acre in those areas of unincorporated Orange County which abut the outer boundary of the JPA and are outside the JPA and are adjacent and within to either the Gotha or Clarcona Rural Settlements . Such transition areas shall be provided for through policies in the County Comprehensive Policy Plan. E. Each party hereto shall consider in good faith any comments raised by other party pursuant to the provisions of Section 9(B) prior to transmittal of their respective comprehensive plans hereof with the objective of assuring that the proposed comprehensive plan amendments are consistent with the terms and conditions of this Agreement. In the event there is a dispute between the parties as to the content and/or text of any comprehensive plan amendment required by this Section, then the parties hereto agree to seek informal mediation by the East Central Florida Regional Planning Council . Following informal mediation, the parties will proceed in good faith to -25- amend their respective comprehensive plans, taking into consideration the results of such informal mediation and the provisions of the Planning Act. F. The parties hereto agree that the incorporation of this Agreement by reference (and exhibits incorporated by reference into this Agreement) into their respective comprehensive plans and the subsequent approval thereof by the State Land Planning Agency shall render any action by the City or County which is contrary to this Agreement as inconsistent with the City Comprehensive Plan and the County Comprehensive Policy Plan, respectively. G. Notwithstanding the existence of this Agreement, the City and County shall amend their respective comprehensive plans during their plan amendment cycle immediately following annexation of lands located within the JPA to ensure that the corporate limits of the City are properly configured and depicted on both City Comprehensive Plan and/or the County Comprehensive Policy Plan. H. This section is intended to comply with the provisions of Section 163 .3171(1) , Florida Statutes, with respect to the establishment of procedures for joint action in the preparation and adoption of the City and County comprehensive plans . Section 10 . Sewer and Water Service. A. The County hereby covenants and agrees to provide sewer and water service to those lands located within the -26- corporate limits of the City, and those hereafter annexed into the corporate limits of the City (which lands are also within the JPA) , and which lands are not within the City Water Service Territory or City Sewer Service Territory, respectively; provided, however, that the County shall not be obligated pursuant to this Agreement, to provide sewer and water service to the County Sewer Service Territory and the County Water Service Territory, respectively, unless the lands located therein have been annexed into the corporate limits of the City. The foregoing shall be subject to the property owner' s compliance with the applicable County rules and regulations with respect to sewer and water service provisions (including but not limited to the requirement that property owners install lines for a distance of up to one mile from their property to connect to the County' s system) . It is expressly agreed and understood between the parties that County' s reaffirmation to provide central sewer and water service as aforesaid is a material consideration to the City' s execution of this Agreement. B. In the event the County breaches its obligations under Section 10(A) because it is unable to provide sewer and/or water services, as set forth in Section 10(A) above, in a timely manner (as reasonably determined by the County, in accordance with rules and regulations of the County applied on a Countywide basis) , then in such event the County shall request wholesale service from the City in accordance with the Sewer Territorial Agreement and Water Territorial Agreement. -27- C. The Orange County Comprehensive Policy Plan shall not be used as a basis to excuse the County' s obligations under this section. Any provisions contained within the intergovernmental coordination element of the County Comprehensive Policy Plan or provisions of this Agreement which are in conflict with utility portions of the County Comprehensive Policy Plan shall control over said utility provisions in the County Comprehensive Policy Plan. D. The parties further agree that nothing in this Agreement, the Sewer Territorial Agreement and/or Water Territorial Agreement addresses in any way the reuse water rights of the City or County under Florida law. E. The intent of this section is to assure the availability of sewer and water service from either the City or the County to all lands located within the corporate limits of the City and upon annexation into the corporate limits of the City to such annexed lands which are located within the JPA. Section 11. Creation of Planning Advisory Committee. A. There is hereby created by the County and the City the "Orange County/City of Ocoee Planning Advisory Committee. " The PAC shall consist of two appointees from the City, two appointees from the County, and a fifth person to be selected by the four appointees. B. The PAC shall have the following purposes : (1) The PAC shall serve as a forum for the County and City to identify and discuss issues related to comprehensive plan implementation, and development and funding which affect the County and City in such areas as land use, transportation, drainage, conservation, solid waste, sanitary sewer, potable -28- water, natural groundwater aquifer recharge and recreation and open space planning. (2) The PAC shall serve as a forum to discuss annexation plans by the City. (3) The PAC shall review and make recommendations on all Interlocal agreements between the County and the City. (4) The PAC shall make recommendations to the City and County regarding any amendments to this Agreement, the Joint Planning Area, and/or the Joint Planning Area Land Use Map. (5) The PAC shall serve as a forum for sharing information and technical data and general discussion of matters of interlocal interest. (6) The PAC shall review and make recommendations to the County and City regarding any areas within the JPA or adjacent to the JPA requiring special study. (7) The PAC shall advise the County and City regarding the resolution of issues requiring intergovernmental concurrence. (8) The PAC shall foster the Goals, Policies and Objectives of the County Comprehensive Policy Plan and the City Comprehensive Plan. (9) The PAC shall serve such other advisory functions as may be jointly designated by the County and the City. C. The PAC shall be a purely advisory committee and shall have no authority to take any actions binding on either the County or City. -29- Section 12. Conflict Resolution. A. The East Central Florida Regional Planning Council shall serve as a forum for the informal nonbinding mediation of intergovernmental disagreements and conflicts between the County and City with respect to the comprehensive planning matters and other matters set forth in this Agreement. B. Notwithstanding the foregoing, in the event that either party determines in good faith that it is necessary to file a lawsuit in order to meet a jurisdictional time period or otherwise preserve a legal right, said lawsuit shall be abated once the filing and any other act necessary to preserve the legal right occurs, and the parties shall refer the matter to the East Central Florida Regional Planning Council in accordance with the terms set forth herein. C. In the event the parties cannot resolve a conflict after following the procedures set forth in this Section, then in such event the parties may pursue such other remedies as may be available for resolution of such conflict, including but not limited to the pursuit of all available administrative and judicial remedies . Section 13 . Notices of Certain Applications . A. With respect to all lands located within the JPA, the City and County will each provide to the other notice of receipt of the following applications: (1) Annexation, (2) Deannexation, (3) Comprehensive Plan Amendment, including an -30- amendment to the future land use map, (4) Rezoning, and/or (5) Development of Regional Impact (collectively, the "Applications") . For the purposes of this Agreement, all references to "Applications" shall include any of the foregoing which are initiated by the City, the County and/or a property owner. Such notice shall be provided within ten (10) business days of receipt of an Application or initiation of such action by the City and/or County. Upon request, either party may obtain a copy of any such Application and be notified of all public hearing dates with respect thereto and of all other dates on which action may be taken with respect to such Application. B. Within ten (10) working days of receipt of notice of an Application from a party, and no less than 30 days prior to a public hearing scheduled by the party having jurisdiction over an Application, the party receiving notice may object in writing to any such Application. C. Any City comments shall be forwarded to the County Planning Director and to the members of the PAC. Any County comments shall be forwarded to the City Planning Director, City Manager and the members of the PAC. The County Planning Director and City Planning Director shall ensure that the comments are introduced at all appropriate public hearings . -31- Section 14 . Road Improvements to County Roads . A. The County and City acknowledge and agree that development within the City and the JPA in accordance with the City Future Land Use Map may require improvements to County roads in order to meet concurrency requirements under the Planning Act and the City Comprehensive Plan. Subject to compliance with all applicable County ordinances and policies, including but not limited to the holding of public hearings where applicable, the County agrees that it will consider in good faith any request from the City for authorization to make improvements to County roads which improvements are necessary in order to meet concurrency requirements under the Planning Act and the City Comprehensive Plan, so long as such improvements are at no cost or expense to the County. B. In the event the County denies a request from the City to permit the City to improve, at no cost or expense to the County, a County road which is located both within the corporate limits of the City and the JPA, then in such event the City expressly reserves all rights and remedies that may now or hereafter be available to the City, at law or in equity, including but not limited to all rights and remedies under the Planning Act, to appeal or otherwise challenge any such decision of the County. For the purposes of this Section, improvements to County roads include, but are not limited to, the extension of such roads, the addition of traffic lanes, -32- turn lanes, and/or signalization, the paving of such roads, the relocation and installation of utility infrastructure (consistent with the Sewer Territorial Agreement and the Water Territorial Agreement) within existing County roads and easements, and such other improvements as may be necessary to meet transportation concurrency requirements under the City Comprehensive Plan. C. The County will allow infrastructure improvements to that portion of Maguire Road which is both within the corporate limits of the City and the Joint Planning Area provided that said improvements are at no cost or expense to the County and are subject to the County' s permitting procedures and final approval, which approval shall not be unreasonably withheld. Section 15 . Battaglia East. With respect to the lands purported to have been annexed into the corporate limits of the City by City Ordinance No. 92-60, the City, the County and the owner of said lands have voluntarily agreed to the development in accordance with the site plan attached hereto as Exhibit "E" and by this reference made a part hereof, subject to the voluntary dismissal of the Lawsuit, with prejudice, with respect to City Ordinance Nos. 92-60 and 92-61. Contemporaneous with the execution of this Agreement, the City and the owner of said lands will enter into a developer agreement requiring the development of the lands annexed by City Ordinance No. 92-60 to occur in accordance -33- with said site plan; provided, however, that said development restrictions shall only become effective upon the voluntary dismissal of the Lawsuit, with prejudice, as to the challenges to City Ordinance Nos . 92-60 and 92-61. Said developer agreement shall provide that it may not be amended without the prior written approval of the County. Section 16. Reduction of City Urbanization Area. The parties hereto acknowledge and agree that the City Comprehensive Plan sets forth future land uses and plans for future annexation areas outside of the JPA and the current corporate limits of the City and that the future land uses for some of said lands may be inconsistent with the County Comprehensive Policy Plan. A result of this Agreement will be to reduce the area of future urbanization by the City as contemplated in the City Comprehensive Plan and reduce inconsistencies between the County Comprehensive Policy Plan and the City Comprehensive Plan. To this end the City has by this Agreement agreed, among other provisions, to the voluntary restriction of its annexation powers, to the elimination from the City Future Land Use Map of lands within unincorporated Orange County which are outside of the JPA, and to the protection of the Clarcona Rural Settlement and Gotha Rural Settlement. The adoption of this Agreement has served the further purpose of reducing inconsistencies between the County Comprehensive Policy Plan and the City Comprehensive regarding the future growth and development of lands within the JPA. -34- Section 17. County Future Land Use Map. The parties hereto acknowledge and agree that the future land uses designated on the Joint Planning Area Future Land Use Map are land uses which are intended to apply upon and in the event of annexation into the City of land located within the JPA and that such future land uses may be inconsistent with the future land uses shown on the County Future Land Use Map. Section 18 . Disputed Annexation and Rezoning Ordinances. The parties hereto acknowledge that they have been unable to settle the Lawsuit with respect to the Disputed Annexation Ordinances and the Disputed Rezoning Ordinances. The County expressly reserves the right to continue the Lawsuit with respect to the challenge to the Disputed Annexation Ordinances and the Disputed Rezoning Ordinances . In the event the County prevails in the Lawsuit with respect to the Disputed Annexation Areas, the City acknowledges and agrees that the Disputed Annexation Areas will lie outside of both the corporate limits of the City and the JPA. In the event the City prevails in the Lawsuit with respect to the Disputed Annexation Areas, the County acknowledges and agrees that the Disputed Annexation Areas will be within the corporate limits of the City and not subject to this Agreement. The City agrees that pending the resolution of the Lawsuit with respect to the Disputed Annexation Areas that it will not issue any Development Orders with respect thereto. The Disputed Annexation Areas shall be -35- identified in the proposed amendments to the City Comprehensive Plan and the County Comprehensive Policy Plan in a manner consistent with the provisions of this Section and both parties covenant and agree not to object to any such provisions . Following resolution of the Lawsuit, the City and County will each make such amendments to their respective comprehensive plans as may be necessary in order to conform such comprehensive plans to the resolution of the Lawsuit. Section 19 . Enforcement . This Agreement shall be enforceable by the parties hereto by whatever remedies are available in law or equity. Section 20 . Notices . All notices, consents, approvals, waivers and elections which any party shall be requested or shall desire to make or give under this Agreement shall be in writing and shall be given only by hand delivery for which a receipt is obtain or certified mail, prepaid with confirmation of delivery requested. Notices shall be addressed to the addresses set forth below or that a party may otherwise designate in the manner prescribed herein. If to the County: County Planning Manager 201 S. Rosalind Avenue P.O. Box 1393 Orlando, Florida 32802 With a copy to: Orange County Administrator 201 S. Rosalind Avenue P.O. Box 1393 Orlando, Florida 32802 -36- If to the City: City Manager City of Ocoee 150 North Lakeshore Drive Ocoee, Florida 34761 With a copy to: Director of Planning City of Ocoee 150 North Lakeshore Drive Ocoee, Florida 34761 Notices, consents, approvals, waivers and elections shall be deemed given when received by the party for whom intended at such party' s address first herein specified, or such other address as such party may have substituted therefore by notice to the other. Section 21. Effect on Other Agreements. This Agreement shall supersede and repeal any and all other joint planning agreements between the parties, including, but not limited to that certain 1987 Interlocal Agreement, but shall under no circumstances be construed as amending, modifying or terminating the Sewer Territorial Agreement and/or the Water Territorial Agreement. Section 22 . Other Municipalities . This Agreement shall not be construed as binding upon or affecting any municipality which is not a party hereto. Section 23 . Validity of Agreement. The City and the County each represent to the other their respective authority to enter into this Agreement, and acknowledge the validity and enforceability of this Agreement. The City hereby represents, warrants and covenants to and with -37- the County that this Agreement has been validly approved by the Ocoee City Commission at an advertised public hearing of the Ocoee City Commission held pursuant to the provisions of Sections 163 .3171(3) and 164 . 106, Florida Statutes, that it has been fully executed and delivered by the City, that it constitutes a legal, valid and binding contract enforceable by the County against the City in accordance with its terms, and that the enforceability hereof is not subject to any impairment by the applicability of any public policy or police powers. The County hereby represents, warrants and covenants to and with the City that this Agreement has been validly approved by the Orange County Commission at an advertised public hearing of the Orange County Commission held pursuant to the provisions of Sections 163 .3171(3) and 164 . 106, Florida Statutes, that it has been duly executed and delivered by the County, that it constitutes a legal, valid and binding contract enforceable by the City against the County in accordance with its terms, and that the enforceability hereof is not subject to any impairment by the applicability of any public policy or police powers . Section 24 . Covenant to Enforce. If this Agreement or any portion hereof is challenged in any judicial, administrative or appellate proceeding (each party hereby covenanting with the other party not to initiate or pursue such challenge) , the parties hereto collectively and individually agree, at their individual sole cost and expense, -38- to defend its validity through a final judicial determination unless both parties mutually agree not to defend any such challenge or not to appeal any decision invalidating any portion of this Agreement; provided, however, that the foregoing shall not be construed as requiring either the City or County to defend the other' s comprehensive plan, or any amendment thereto. Section 25 . Miscellaneous . A. Entire Agreement. This Agreement and the Settlement Agreement embodies and constitutes the entire understandings of the parties with respect to the subject matter addressed herein, and all prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and the Settlement Agreement. B. Amendment. This Agreement may not be modified or waived orally and shall only be amended pursuant to any instrument in writing and jointly executed by all of the parties hereto, shall be enforceable by, binding upon and inure to the benefit of the parties hereto and their respective successors and assigns . Any party to this Agreement shall have the right, but not the obligation, to waive (in writing) rights or conditions herein reserved for the benefit of such party. C. Venue. This Agreement shall be governed by the laws of the State of Florida, and venue for any action to enforce -39- the provisions of this Agreement shall be in the Circuit Court in and for Orange County, Florida. D. Headings. The headings of the Sections of this Agreement are inserted for convenience or reference and in no way define, limit or describe the scope or intent of, or otherwise affect this Agreement. E. Representations . All covenants, agreements, representations and warranties made herein shall be deemed to have been material and relied on by each party to this Agreement. F. Counterparts. This Agreement may be executed in any number of counterparts, each of which, when executed and delivered, shall be an original, with all counterparts together constituting one and the same instrument. G. Construction. The provisions of this Agreement shall be liberally construed (i) as an expression of inter-governmental cooperation enabling each party to make the most efficient use of its powers in furtherance of the objectives of the Planning Act, and (ii) to effectuate the purposes hereof and the powers conferred by this Agreement. All parties have participated in the preparation of this Agreement, and the provisions hereof shall not be construed for or against any party by reason of authorship. H. Severability. If any provision of this Agreement is declared invalid by laws applicable thereto the invalidity -40- shall not affect other validity enacted portions of this Agreement. I . A fully executed original of this Agreement shall be filed with the Clerk of the Circuit Court of Orange County, Florida, as required by and in compliance with the provisions of Section 163 . 01(11) , Florida Statutes . J. This Agreement is solely for the benefit of the formal parties herein and no right or cause of action shall accrue upon or by reason hereof, to or for the benefit of any third party not a formal party hereto. IN WITNESS WHEREOF, the County and City have executed this Agreement on behalf of the County and City, respectively, and have set their seals hereto as of the date set forth above. ORANGE COUNTY, FLORIDA BY: County Chairman DATE: ATTEST: Martha 0. Haynie, County Comptroller As Clerk of the Board of County Commissioners BY: Deputy Clerk FOR THE USE AND RELIANCE OF ORANGE COUNTY ONLY. APPROVED AS TO FORM 19 Alison M. Yurko Assistant County Attorney -41- STATE OF FLORIDA COUNTY OF ORANGE I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared personally known to me or who has produced as identification Notary Public Printed Name: My Commission Expires: WITNESSED: CITY OF OCOEE, A Florida municipal corporation By: Print Name: S. Scott Vandergrift, Mayor Attest: Print Name: Jean Grafton, City Clerk (SEAL) FOR THE USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APPROVED AS TO FORM AND LEGALITY THIS DAY OF 1994 FOLEY & LARDNER APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING HELD BY: ON , 1994 UNDER AGENDA City Attorney ITEM NO. -42- STATE OF FLORIDA COUNTY OF ORANGE I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared S. SCOTT VANDERGRIFT and JEAN GRAFTON, personally known to me to be the Mayor and City Clerk, respectively, of the CITY OF OCOEE, 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 , 1994 . Signature of Notary Name of Notary (type, printed or stamped) Commission Number (if not legible on seal) : My Commission Expires (if not legible on seal) : AMY641 01/30/94 (w/o underlines & strike-thru) -43- EXHIBIT D GOTHA RURAL SETTLEMENT DISPUTED ANNEXATION AREAS ..•=1 RURAL SETTLEMENT BOUNDARY LINE r'''te :J 1 Az,i "":�OO"z �A�.,„,''i!i 4d C� MD�- IY LM . .... r A I . •►i►Adry C _T ' u II MI/��� WB /���/ta. k;iim:�nturm i� _ � d ,. ..__ uuanm� mum�a�� MD it = 4 v":04 „liftL -1:11:::: tvib y fir D I._ �°� ir—TL M- \ D Min-ii 1 .■■■1 ■ ■ r __ j „iI�! I ; 1111 LBi Ill ii \= WB-. Z WAVE iiP,r1g21 1 ‘,r1.• Allii., t____ ft . ,D \ s. �g�oIiWB ■– (irlito s �,�t► . I/i �u LD Mpg ... 1/1 IS.---H 4-// ■. r7/ 141, 1I I/ I i � IN (OCOEEVAd ,: , 9 ...,„,7 . -, _ 1 I:::...t° ,�� Ri 1 -LNNi4,,,. IWB1 I vol- :ei ow �� �� rf -4 vAr . ,.,: .'..77.7, r::.E't:•;; „rin-.---,- ---1,-- 194:041 :N_C) 41411 .lir, „444_1111 A „_. ,, , _._„__ ...,_,.. ,,._, _i. qui NA I/1 rig LI 111111F I SIt V—1)1 IF- ME II -- •.__ LAKE OLIVIA r . r W B , Ws C6 44 R I/.1=; ! 1 , i I_%ILL '�I��IIIIi N X16;LD .�� IP • - 1 D-7/ to ,de., !,. /. ;,--.1,41 -VI WB i el I LIIIIIIAlli idri ,. titd: 1e A 7\ 4 SETTLEMENT PROPOSAL: NOT TO BE USED IN LITIGATION P:ii CD IT I -:-• w0 , ^-r _1. `;-^ tom , ;...;C:7-:'-""":•;41 0I . r . • ' .:^^-� `L9' .Mrs �• j. .-. __i �• - CI•rw O .d ...-- .... .-4-/m„.- : --_::.. ? • Oil.) Cil • -1,-.i-e--...... �:.:.z, .x4 t ° ---". o. �, .�—max= a i �..� n6l�■W Jam'2.21.2 _' 4: : .. _.__-. . , _ 4 1it IG✓ ;:::::;*'-'-'?=-4.1r.--'11. .- • i a 0 ° I �V' kg/srI.,••� U O ), ■III �� T '•71- � •0 it I 11 :LI Cil)li0r.niEl?; TI prepared AGENDA 2-1-94 Item V B 3 bis ;i1nsitirument (SPACE FOR RECORDING PURPOSES ONLY) TRI-PARTY AGREEMENT PERTAINING TO DEVELOPMENT RESTRICTION THIS TRI-PARTY AGREEMENT (hereinafter the "Agreement") is made and entered into as of this day of , 1994, among Orange County, Florida, a political subdivision of the State of Florida, whose mailing address is Z4"/ S• os,L,f,na( Ave., O'/A,ide. PL 3 2 S'o/ (hereinafter the "County") ; the City of Ocoee, a Florida municipal corporation, whose mailing address is 150 N. Lakeshore Drive, Ocoee, Florida, 34761 (hereinafter the "City") ; and Battaglia Fruit Co. , Inc. , also known as Battaglia Fruit Company, Inc. a Florida corporation, and S.C. Battaglia, Trustee, whose mailing address is Post Office Box 700398, Winter Garden, Florida 34777-0398 (hereinafter "Battaglia") . RECITALS: WHEREAS, there is an action pending in the Circuit Court of the Ninth Judicial Circuit in and for Orange County, Florida, C o Pi Y ,e,.,,,,,d f., c..ki-, VAN SETTLEMENT DOCUMENT - �k NOT TO BE USED IN LITIGATION CASE NO. CI93-245 PER AGREEMENT BY THE PARTIES styled Orange County, Florida, Plaintiff vs . City of Ocoee, Defendant, being case number CI93-245 (the "Lawsuit") under which the County is seeking review by certiorari of certain ordinances enacted by the City of Ocoee which annex certain property into the City and rezone said property; and WHEREAS, the lawsuit challenges the validity of City of Ocoee Ordinance Nos . 92-60 and 92-61, adopted by the Ocoee City Commission on December 15, 1992 ("the Battaglia Ordinances") , which ordinances relate to the annexation and zoning, respectively, of that certain real property located in Orange County, Florida, as described in Exhibit "A" attached hereto and by this reference made a part hereof (the "Battaglia Property") ; and WHEREAS, Battaglia owns fee simple title to the Battaglia Property; and WHEREAS, in an effort to partially settle the Lawsuit, City and County have entered into, on even date herewith, a certain Settlement Agreement and certain Joint Planning Area Agreement; and WHEREAS, said Settlement Agreement and Joint Planning Area Agreement will result in the dismissal with prejudice of the lawsuit as to the Battaglia Ordinances and the Battaglia Property; and WHEREAS, the execution of this Agreement is a condition and requirement of said Settlement Agreement and Joint Planning Area Agreement; and -2- WHEREAS, in furtherance of settlement between the City and County with respect to the Battaglia Ordinances, Battaglia has agreed to voluntarily impose certain development restrictions upon the Battaglia Property. NOW THEREFORE, in consideration of the covenants made by each party to the other and in the mutual advantages to be realized by the parties hereto and of other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the City, County and Battaglia hereby covenant and agree as follows : 1. The above Recitals are true and correct and are incorporated herein by reference. 2 . Battaglia hereby voluntarily imposes on the Battaglia Property the following development restrictions : (a) that certain 25 foot landscape buffer located at the eastern boundary of the Battaglia Property north of Clarcona-Ocoee Road as more particularly described and set forth on that certain site plan attached hereto as Exhibit "B" and incorporated herein by reference, and (b) that certain 10 to 25 foot retention buffer located on the western boundary of the Battaglia Property north of Clarcona-Ocoee Road, as narratively described and set forth on said Exhibit "B" . 3 . 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 -3- Battaglia Property and be binding upon the heirs, beneficiaries, legal representatives, successors and assigns of Battaglia and upon any person, firm, corporation, or entity who may become the successor in interest to the Battaglia Property or any portion thereof . 4 . The parties hereto agree that an executed original of this Agreement shall be recorded in the Public Records of Orange County, Florida. The City and County will, from time to time upon request of Battaglia, execute and deliver letters affirming the status of this Agreement . 5 . This Agreement and the provisions contained herein shall be construed, controlled, and interpreted according to the laws of the State of Florida. 6 . Amendments to and waivers of the provisions of this Agreement shall be made by the parties hereto only in writing by formal amendment. 7. This Agreement is supplemental to any and all agreements which may now or hereafter be entered into between the City and Battaglia. Nothing contained herein shall be construed as a waiver from the requirements of the Ocoee Land Development Code as it may from time to time be amended. 8 . Subject to any preexisting indemnification agreements, each party shall bear its own attorneys fees and costs . -4- IN WITNESS WHEREOF, the County, City, and Battaglia have executed this Agreement, and the City and County have set their seals hereto as of the date set forth above. ORANGE COUNTY, FLORIDA By: LINDA CHAPIN COUNTY CHAIRMAN ATTEST: Martha 0. Haynie, County Comptroller As Clerk of the Board of County Commissioners BY: Deputy Clerk Print Name: FOR THE USE AND RELIANCE OF ORANGE COUNTY ONLY. APPROVED AS TO FORM 19 Alison M. Yurko Assistant County Attorney -5- STATE OF FLORIDA COUNTY OF ORANGE SWORN to and subscribed freely and voluntarily for the purposes therein expressed before me by LINDA CHAPIN, County Chairman of the Board of County Commissioners, known to me to be the person described in and who executed the foregoing, this day of , 1994 . WITNESS my hand and official seal in the County and State last aforesaid this day of , 1994 . Notary Public Print Name: My Commission Expires : CITY OF OCOEE WITNESSED: A Florida municipal corporation By: Print Name: S. Scott Vandergrift, Mayor Print Name: Attest : Jean Grafton, City Clerk (SEAL) FOR THE USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APPROVED AS TO FORM AND LEGALITY THIS DAY OF , 1994 -6- FOLEY & LARDNER APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING HELD BY: ON , 1994, UNDER AGENDA City Attorney ITEM NO. . 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 tak acknowledgments, personally appeared S. SCOTT VANDERGRIFT and JEAN GRAFTON, persoanlly 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 , 1994 . Signature of Notary Name of Notary (type, printed or stamped) Commission Number (if not legible on seal) : My Commission Expires (if not legible on seal) : -7- BATTAGLIA FRUIT CO. , INC. , a Florida corporation By: gearoL)14 Name: R. E. .I7`n, 4rr‘q u.c.rA Title: PRE.S.tvt,vl- (Corporate Seal) STATE OF FLORIDA COUNTY OF ORANGE The foregoing instrument was acknowledged before me this 26thday of Jan. , 1994 by S. C. Battaglia of BATTAGLIA FRUIT CO. , INC. , a Florida corporation, on behalf of the corporation. He/she is personally known to me WITNESS my hand and official seal in the County and State last aforesaid this 26th day of Januar , 1994 . AgrAFLlr-v-r..00-..--)c_/6":; Z: ..e.,,r_„._.- 'ota y Public Print Name: Marion F. Akers My Commission Expires : OFFICIAL NOTARY SEAL MARION F AKERS NOTARY PUBLIC STATE OF FLORIDA COMMISSION NO.CC207131 MY COMMISSION EXP.JULY 15,1996 -8- S.C. B TAG Truste •- B Y� Name: S. C. Battaglia Title: Trustee STATE OF FLORIDA COUNTY OF ORANGE The foregoing instrument was acknowledged before me this 26th day of Jar.. , 1994 by S . C. Battaglia of S.C. BATTAGLIA, Trustee. He/she is personally known to me or hap. produced 03 identification., WITNESS my hand and official seal in the County and State last aforesaid this 96th day of January , 1994 . Agri otar ' - .lic Print Name: Marion F. Akers My Commission Expires : Signed, sealed and delivered in the presence of: OFFICIALON NOTARY FAKESEAL MARIRS NOTARY PUBLIC STATE OF FLORIDA COMMISSION NO.CC207131 MY COMMISSION EXP.JULY 15,1996 AMY: sac5807 01/24/94 -9- EXHIBIT "A" BATTAGLIA - EAST LEGAL DESCRIPTION That part of Sections 33 and 34 , T21S , R28E, Orange Country, Florida, described as follows: From the South 1/4 corner of said Section 34 , run N 89 '56 ' 52" W 720 . 00 feet along the South line of said Section to the Point of Beginning; thence continue N 89 '56 ' 52" W 1932 . 32 feet along said South line to the South corner common to Sections 33 and 34 ; thence run N 89'58 ' 05" W 662 . 23 feet; thence run N 00' 05 '46" E 245. 18 feet; thence run N 69' 33 ' 26" E 1018 . 92 feet along the South line of Clarcona-Ocoee Road, said line being 30 feet South of the centerline of the paved road; thence run 188 . 53 feet to the right along the arc of a curve having a radius of 570. 00 feet and a . central angle of 18 '57 ' 04" ; thence run N 88 '30 ' 30" E 1455 . 63 feet; thence run South 676.78 feet along the West line of the East 720. 00 feet of the Southwest 1/4 of said Section 34 to the Point of • Beginning. Containing 33 . 8778 acres more or less. AND That part of Southwest 1/4 of Section 34 , T21S, R28E, Orange County, Florida, described as follows: From the Southeast corner of said Southwest 1/4 of Section 34 , run North 756.21 feet long the East line of said Southwest 1/4 to the Point of Beginning; thence run S 88 ' 30 ' 30" W 1689 . 59 feet along the centerline of the paved road; thence run N 00' 10 ' 24" E 831.81 feet; thence run S 84 '01 ' 51" E 825.99 feet along the Southerly line of the A.C.L. Railroad Right-of-Way as reestablished from A.C.L. Right-of-Way map V. 12 FLA/51 thence continue along the Right-of-Way on a curve to the left having a radius of 1457 . 42 feet, a central angle of 35'16 '40", and an arc length of 897 . 35 feet; thence run South 880.58 feet along the East line of the Southwest 1/4 of Section 34 to the Point of Beginning. Containing 29 .7036 acres more or less. AND That part of Sections 33 and 34 , T21S , R28E, Orange County, Florida, described as follows: From the South corner common to said Sections 33 and 34 , run N 00' 02 ' 27" E 556. 42 feet along the line common to said sections to the Point of Beginning; thence run S 69' 33 ' 26" W 706. 60 feet along the North line of Clarcona-Ocoee Road; thence run N 00' 05 ' 46" E 1087 .80 feet along the West Line of the East 1/2 of the Southeast 1/4 of the Southeast 1/4 of said Section 33 , thence run N 89' 33 '42" W 295. 30 feet along the North line of the Southeast 1/4 of the Southeast 1/4 of said Section 33 ; thence run Northeasterly 298 .98 feet along the arc of the South Right-of-Way line of the A.C.L. Railroad (as reestablished from A.C. L. Right-of-Way map V. 12 FLA/5) along a curve concave to the South having a radius of 1241.78 feet, a central angle of 13 '47 ' 41" , and a chord of 298 . 25 feet that bears N 70'44 ' 18" E; thence run N 77 ' 38 ' 09" E 356. 80 feet; thence run 329. 36 feet to the right along a curve having a radius of 1878 . 29 feet and a central angle of 10' 02 ' 49" ; thence run N 00'02 ' 27" E 6 . 50 feet; thence continue Easterly 273 . 17 feet along the arc of a curve having the same center point as the last mentioned curve and a radius of 1884 .79 feet and a centraS. angle of 08 ' 18 ' 41" ; thence run S 83 ' 59 '51" E 451 . 01 feet; thence run S 84 ' 01 ' 51 E 244 . 42 feet; thence leaving the Railroad Right-of-Way run S 00' 10 ' 24" W 831. 81 feet; thence run S 88 '30 ' 30" W 487 . 84 feet along the North line of Clarcona-Ocoee Road, said line being 30 feet North of the centerline of the paved road; thence run 208 . 38 feet to the left along the arc of a curve having a radius of 630. 00 feet and a central angle of 18 '57 ' 04" ; thence run S 69' 33 ' 26" W 289 . 84 feet to the Point of Beginning, containing 37 . 9560 acres more or less. AND Northeast 1/4 of the Northeast 1/4 of the Northwest 1/4 and all that part of the Northwest 1/4 of the Northwest 1/4 of the Northeast 1/4 lying West of the Railway, all in Section 3 , Township 22 South, Range 28 East. The above described property lies in Orange County, Florida, more particularly described as: Beginning at the Northeast corner of the Northwest 1/4 of said Section 3 , run S 89'45 ' 13" E, 198 .77 feet along the North line of said Section 3 to an intersection with the Westerly Right-of-Way line of the Seaboard Coastline Railroad being a 60. 00 foot Right- of-Way; Thence run Southwesterly 238 . 63 feet along said Westerly Right-of-Way line and the arc of a curve concave Southeasterly, having a radius of 3661. 57 , a delta of 03 '44 ' 03" and a chord bearing of S 08 '21 ' 31" W; thence runs S 06'29 ' 30" W, 432 .77 feet along said Westerly Right-of-Way line to the South line of the Northwest 1/4 of the Northwest 1/4 , of the Northeast 1/4 of said Section 3 ; thence run N 89'45 ' 45" W, 114 . 20 feet along said South line to the Southeast corner of the Northeast 1/4 of the Northeast 1/4 of the Northwest 1/4 of said Section Three; thence run N 89 '56 ' 48" W, 663 .77 feet along the South line of said Northeast 1/4 of the Northeast 1/4 to the Southwest corner of said Northeast 1/4 of the Northeast 1/4 thence run N 00' 01 ' 33" W, 665. 81 feet along the West line of said Northeast 1/4 of the Northeast 1/4 to the North line of said Section Three; thence run S 90'00 ' 00" E, 663 . 11 feet along said North line to the Point of Beginning. Containing 12 .5 acres more or less. 2-162AR-92 : BATTAGLIA EAST Page 2 of 2 . e e . S • r. • r I! 5 S .h v & Y 2 €s I aF ' \ ., i ‘ . t _ . 3 aia = f( ........,ft.retellit...1.$494:,..... iplaallbai, 0.. --al^ ♦ 1• V .of. I N w {:B= L . IO H i J ml 0 • � L • • f av. •• C s . . Z � � , YY: V,...."orar :.f,w ii II. .-. as-••er,.^�. .w..> ..., a ��� ^ • b o ,•.X..44,•.'... Y Iani • '�" K � \-.-•-•••,,,,,,,,,,,..0,-i...44,,,,,•••-.. ., ..pO�iiReny � 3ry / � fj; -+c C • n> i . ••,,,,, ., .• a f. a > .' C . -!�" A'� �iwr . < Y" 7 : r _. x � „� .��, c, °sA. t.� 'iiiil C % ,...i.;,.... .,..,- � s� a e./.• i^ .......:•..,� - ....Kx . o ..41 , .•,.,.. •- ;Til m o a Pll Emi 1L43rIj ,• it'll=0 AWL v•Sallimign • " r'wii1 ' & t% 1L F ollaml 9 r•Tifami I a • 1.5- :./../b 441* _ tiK: n � , • e3 • it': <4 °Q i o ' Z gilt, Ift. now . ,I_ 0 r--I 4....•,-.7,-.76; .1-• -.....i, : 7.'...et :::;ird i • ai.>art c,...) O m ,..„...,,,.., :„....„:„.,::...„...,,,,,,, ...._.,,,,,,,,„ pg P • (4 C c O.. <4 litlil V5 r v :.R1 .. - sT- IL ta• ; a...•' •.. ---..e••V+n,,w a {6 — EXHIBIT "B" ! __� - � _ � : m� AGENDA 2-1-94 Item V B 4 THIS INSTRUMENT PREPARED BY AND SHOULD BE RETURNED TO: Paul E. Rosenthal, Esq. FOLEY &LARDNER 111orth Orange Avenue, Suite 1800 Pos, Office Box 2193 Orlando, FL 32802-2193 (407)423-7656 For Recording Purposes Only FIRST AMENDMENT TO ORANGE COUNTY/CITY OF OCOEE WATER SERVICE TERRITORIAL AGREEMENT (CONTRACT NO. W-88-06) THIS FIRST AMENDMENT TO ORANGE COUNTY/CITY OF OCOEE WATER SERVICE TERRITORIAL AGREEMENT (the "Amendment") is made and entered into this day of , 1994, by and between ORANGE COUNTY, a political subdivision of the State of Florida (hereafter "County") and the CITY OF OCOEE, FLORIDA, a municipality created under Florida law and located in Orange County, Florida(hereafter"City"). WITNESaETH: WHEREAS, the City and the County entered into that certain Orange County/City of Ocoee Water Service Territorial Agreement (Contract No. W-88-06) ("Water Service Agreement") dated November 14, 1988, by and between the County and the City, as recorded on November 23, 1988 in Official Records Book 4034, Page 291, Public Records of Orange County, Florida; and WHEREAS, the City and the County desire to modify and alter the Territorial Boundary, as that term is defined in the Water Service Agreement, in accordance with the provisions set forth herein; and WHEREAS, Section 4 of the Water Service Agreement provides that the City and the County may alter the Territorial Boundary by mutual consent by the preparation of a document fully describing such alteration, which document is approved by the governing boards of each party and provides the legal description and map of the proposed new Territorial Boundary; and 1 cnpv �et� �ce,i7 // oy WHEREAS, this Amendment fulfills the requirements set forth in Section 4 of the Water Service Agreement and has been approved by the governing boards of each party. NOW, THEREFORE, in consideration of the mutual premises contained herein, and other consideration, the receipt and sufficiency of which is hereby acknowledged, the City and the County hereby agree as follows: 1. The above recitals are true and correct and are incorporated hereby by this reference. 2. The Composite Exhibit "A" attached to the Water Service Agreement is hereby deleted in its entirety, and the Territorial Boundary and the City's Territorial Area shall be described and generally depicted in the new Composite Exhibit "A" attached hereto and incorporated by this reference into the Water Service Agreement. 3. Notwithstanding anything contained herein or in the Water Service Agreement to the contrary, in the event either party to the Water Service Agreement is the owner of real property located in the other party's water service territorial area, then the party/owner of such real property may obtain, at such party/owner's sole option, water service from either the City Territorial Area or the County's Territorial area. This provision shall be personal to the parties and shall not apply to the successors or assigns of the parties hereto. 4. The County and City acknowledge the validity of the Water Service Agreement and covenant to enforce same and acknowledge that the City's Territorial Area is unaffected by annexation. 5. Except as changed, amended and modified by this Amendment, the terms and provisions of the Water Service Agreement shall remain unchanged and in full force and effect. 2 IN WITNESS WHEREOF, the County and the City have executed this Amendment on behalf of the County and City, respectively, and have set their seals hereto as of the date and year first written. COUNTY ORANGE COUNTY, FLORIDA By: County Chairman Executed on: , 1994 Attest: Martha O. Haynie, Comptroller as Clerk of the Board of County Commissioners By: Deputy Clerk (SEAL) FOR USE AND RELIANCE OF ORANGE APPROVED BY THE ORANGE COUNTY, COUNTY, FLORIDA ONLY. APPROVED COMMISSION AT A MEETING HELD AS TO FORM ONLY. ON , 1994 this day of , 1994 UNDER AGENDA ITEM NO. By: Name: Its: Assistant County Attorney C:Wp51\does\2Q377\107\paiddL01.06A 11124/94 3 CITY CITY OF OCOEE, FLORIDA By: S. Scott Vandergrift, Mayor Executed on: , 1994 Attest: Jean Grafton, City Clerk (SEAL) FOR USE AND RELIANCE ONLY BY APPROVED BY THE OCOEE CITY THE CITY OF OCOEE, FLORIDA COMMISSION AT A MEETING HELD APPROVED AS TO FORM AND ON , 1994 LEGALITY this day of UNDER AGENDA ITEM NO. , 1994 Foley & Lardner By: City Attorney 4 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 acknowledgements, personally appeared and ,personally known to me to be the Chairman of the Orange County Commission and Deputy Clerk, respectively, of Orange County, Florida, and that they severally acknowledged executing the same freely and voluntarily under authority duly vested in them by said County. WITNESS my hand and official seal in the County and State last aforesaid this day of , 1994. Signature of Notary Name of Notary (Typed,Printed or Stamped) Commission Number(if not legible on seal): My Commission Expires(if not legible on seal): 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 acknowledgements, personally appeared S. SCOTT VANDERGRIFT and JEAN GRAFTON, personally known to me to be the Mayor and City Clerk, respectively, of the CITY OF OCOEE and that they severally acknowledged executing the same 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 , 1994. Signature of Notary Name of Notary (Typed,Printed or Stamped) Commission Number(if not legible on seal): My Commission Expires(if not legible on seal): C:\west\DocS OCOSTERRWATE.AMDI Iaa941oz4BIPE¢:me S I i 7.,.:4,. ,I 7.,-------L ii. , Niro ____pi ,,_ - 1.11 - 1,,, 41 pip„,.. .-1 ___...MIN am i11 ____ ce41. . yW't :wvii,:.7_...niir_ .omiTn uo -^ Li kiirlim : ,!itim. ?iprr, rm illiVd 111 .. .�. ,' ... :ter;l..:f.'"".1 %.44 I'g'ij ..,-,,,,,i.....„,,,..„..,___. iallt„,..,..,,,.., „„;>:.:� • ,..„.,„.„.„.„.,..,,,,:„:,,,.„„,. mil r.TP )l.1.1i di!fHt?›..p.... ' I -”'IrtfaM I Witi''',;-tv"*"'; i.kiugii -i77.7.A.. \-..:::c•!.„..,....,'''':' ilL `;Iiirci um :„..,.i.iiiii.tizi i.:11;;;;;t 2 link 1;,::,it-'l.t:V, 15 Amami it Bil-li �>:Ii � r:VIII\�•,i � ,��-i _t:,., ____i.� 110,s17 ... I , ■�j■ �' k4iLr �. n9.���� mif T 04 ii Val ,..., T1.PLJLF °ry]Ifll�ii4 - , ,, • ,s,„iii, I IMMI. 1 '! :Mi 111 111 ta. lime isil-w -/ ��1 mitimm� clart.. 1_..in �ii p T j-ir ' -k.-*1 .. MP III1Prr4 ' FR milkd,- �1ii 0 " mow ' MEIN 1—w elk L. 14, ..... , ION ft 1111 1164=1111111 iiI\ NNE ill '416 J . iP ) Aim 110• •4.4:1 ii 1 /Ai- . ■ •4 * nrliii ,-,,. _ EXHIBIT A ; ■6 imMi CITY OF ❑C❑EE OCOEE WATER SERVICE AREA BOUNDARY AREA LOCATED WITHIN THE SOLID LINE IS THE /, CITY'S TERRITORIAL AREA AS DEFINED IN SECTION n 2.2 OF THE WATER SERVICE AGREEMENT EXHIBIT A CITY OF OCOEE WATER SERVICE AREA BOUNDARY THE FOLLOWING BOUNDARY LINES LOCATED WITHIN AND/OR BY REFERENCE TO TOWNSHIP 22 SOUTH, RANGE 27 EAST IN ORANGE COUNTY, FLORIDA: COMMENCING AT THE NORTHEAST CORNER OF SECTION 12, BEING THE POINT OF BEGINNING; RUN SOUTH ALONG THE EAST LINE OF SECTION 12 APPROXIMATELY 900 FEET TO THE CENTERLINE OF EAST CROWN POINT ROAD; THENCE CONTINUING SOUTHERLY ALONG THE CENTERLINE OF EAST CROWN POINT ROAD THROUGH SECTIONS 12 AND 13 TO A POINT OF INTERSECTION WITH THE CENTERLINE OF STATE ROAD 438 IN SECTION 13 ; THENCE EAST 670.8± FEET TO THE EAST LINE OF SECTION 13 ; THENCE SOUTH ALONG SAID EAST LINE TO THE SOUTHEAST CORNER OF SECTION 13, THENCE FROM THE NORTHEAST CORNER OF SECTION 24 (BEING THE SAME POINT AS THE SOUTHEAST CORNER OF SECTION 13) CONTINUE SOUTH ALONG THE EAST LINE OF SECTION 24 TO THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 24, THENCE CONTINUE SOUTH ALONG THE EAST SECTION LINE 399.74 FEET; THENCE WEST 945 FEET, THENCE SOUTH 234. 15 FEET, THENCE EAST, PARALLEL WITH THE NORTH LINE OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER, 945.20 FEET; THENCE SOUTH ALONG THE EAST SECTION LINE TO THE SOUTHEAST CORNER OF SECTION 24, BEING A POINT ON THE CENTERLINE OF STATE ROAD 50, ALONG WITH: THE FOLLOWING BOUNDARY LINES LOCATED WITHIN AND/OR BY REFERENCE TO TOWNSHIP 22 SOUTH, RANGE 28 EAST IN ORANGE COUNTY, FLORIDA: FROM THE NORTHWEST CORNER OF SECTION 30, (BEING THE SAME POINT AS THE SOUTHEAST CORNER OF SECTION 24, TOWNSHIP 22 1 SOUTH, RANGE 27 EAST) EXTEND SOUTH ALONG THE WEST SECTION LINE OF SECTION 30 TO THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF SECTION 30, BEING A POINT ON THE CENTERLINE OF MARSHALL FARMS ROAD; THENCE CONTINUING SOUTH ALONG THE WEST LINE OF SECTIONS 30 AND 31; BEING THE CENTERLINE OF WINDERMERE ROAD, TO THE CENTERLINE INTERSECTION WITH ROBERSON ROAD WITHIN SECTION 31, THENCE FROM THE CENTERLINE INTERSECTION OF WINDERMERE ROAD AND ROBERSON ROAD, RUN EAST ALONG THE CENTERLINE OF ROBERSON ROAD WITHIN SECTION 31 TO ITS POINT OF INTERSECTION WITH THE CENTERLINE OF MAGUIRE ROAD, SAID POINT ALSO BEING ON THE EAST LINE OF SECTION 31; THENCE RUN EASTERLY TO THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER OF SECTION 32; THENCE NORTH, ALONG THE EAST LINE OF THE WEST HALF OF SECTIONS 32 AND 29, A DISTANCE OF 5, 316± FEET TO THE CENTER POINT OF SECTION 29; THENCE EAST 1,320± FEET TO THE WEST RIGHT-OF-WAY LINE OF BLACKWOOD AVENUE; THENCE NORTH ALONG THE SAID WEST RIGHT-OF-WAY LINE 1, 310± FEET TO THE SOUTH RIGHT-OF-WAY LINE OF OLD WINTER GARDEN ROAD; THENCE RUN SOUTHEASTERLY ALONG THE SOUTH RIGHT-OF-WAY LINE OF OLD WINTER GARDEN ROAD TO THE WEST RIGHT-OF-WAY LINE OF SOUTH DIVISION AVENUE, THENCE NORTH ALONG THE WEST RIGHT-OF-WAY LINE OF SOUTH DIVISION AVENUE TO THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 29, THENCE EAST ALONG THE QUARTER-QUARTER SECTION LINE TO THE WEST LIMITED-ACCESS LINE OF THE EAST-WEST EXPRESSWAY, THENCE NORTHERLY ALONG THE WEST LIMITED-ACCESS LINE OF THE EAST-WEST EXPRESSWAY TO THE SOUTH RIGHT-OF-WAY LINE OF STATE ROAD 50, THENCE CONTINUE NORTH TO A POINT ON THE SOUTH LINE OF SECTION 21, THENCE EAST ALONG THE SOUTH LINE OF SECTION 21 TO THE SOUTHEAST CORNER OF SECTION 21; THENCE, SOUTH ALONG THE WEST LINE OF SECTION 27 660± FEET TO THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE 2 NORTHWEST QUARTER OF SECTION 27, THENCE RUN EAST 20± FEET TO THE NORTHWEST CORNER OF LOT 5, LAKEVIEW HEIGHTS SUBDIVISION AS RECORDED IN PLAT BOOK E, PAGE 40 OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA, THENCE EAST 640± FEET, THENCE NORTH TO THE SOUTH LINE OF SECTION 22, THENCE EAST TO THE POINT OF INTERSECTION OF THE SOUTH LINE OF SECTION 22 WITH THE CENTERLINE OF GOOD HOMES ROAD; THENCE RUN NORTH, ALONG SAID CENTERLINE OF GOOD HOMES ROAD 950± FEET; THENCE, DEPARTING SAID CENTERLINE, RUN WEST 1,320± FEET ALONG THE SOUTHERN BOUNDARY OF ROSE HILL SUBDIVISION, AS RECORDED IN PLAT BOOK 13, PAGE 129 OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA, TO A POINT LYING ON THE EAST LINE OF SECTION 21; THENCE RUN NORTH ALONG SAID EAST LINE OF SECTION 21 410± FEET TO THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 21; THENCE RUN WEST 1,320± FEET ALONG THE SOUTHERN BOUNDARY OF ROSE HILL PHASE 2 , AS RECORDED IN PLAT BOOK 16, PAGE 35 OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA, TO THE SOUTHWEST CORNER OF SAID SUBDIVISION; THENCE RUN NORTH TO THE NORTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 16; SAID CORNER BEING THE SOUTHWEST CORNER OF SILVER BEND UNIT I SUBDIVISION AS RECORDED IN PLAT BOOK 30, PAGES 4 AND 5 OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA, THENCE RUN EAST ALONG THE SOUTH LINE OF SAID SILVER BEND UNIT I SUBDIVISION TO THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 16, (SAID CORNER ALSO BEING THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 15) , THENCE CONTINUE EAST ALONG THE QUARTER-QUARTER SECTION LINE OF SECTION 15, TO THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 15, THENCE RUN NORTH ALONG THE EAST LINE OF THE WEST HALF OF THE EAST HALF OF THE 3 SOUTHWEST QUARTER OF SECTION 15 TO THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 15, BEING A POINT ON THE SOUTH LINE OF TEMPLE GROVE ESTATES PHASE 1A AS RECORDED IN PLAT BOOK 29, PAGES 150 AND 151 OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA, THENCE RUN EAST ALONG THE SOUTH LINE OF TEMPLE GROVE ESTATES PHASE 1A TO THE SOUTHEAST CORNER OF LOT 26 OF TEMPLE GROVE ESTATES PHASE 1A, THENCE FOLLOWING THE PLAT OF TEMPLE GROVE ESTATES PHASE 1A, RUN N 00°00'46" W A DISTANCE OF 180 FEET, THENCE RUN N 89°52'22" E A DISTANCE OF 431.89 FEET TO THE WEST RIGHT-OF-WAY LINE OF GOOD HOMES ROAD, THENCE RUN N 01°12'32" W A DISTANCE OF 454.93 FEET TO THE NORTHEAST CORNER OF LOT 1 OF TEMPLE GROVE ESTATES PHASE 1A, THENCE RUN S 89°49'18" W A DISTANCE OF 217.84 FEET, THENCE RUN N 01°12'32" W A DISTANCE OF 100.00 FEET TO A POINT ON THE NORTH LINE OF LOT 3 OF TEMPLE GROVE ESTATES PHASE 1A, SAID POINT LYING 9.65 FEET EAST OF THE NORTHWEST CORNER OF SAID LOT 3 , THENCE RUN WEST ALONG THE NORTH LINE OF TEMPLE GROVE ESTATES PHASE 1A TO A POINT, SAID POINT BEING THE INTERSECTION OF THE NORTH LINE OF TEMPLE GROVE ESTATES PHASE 1A AND THE EAST LINE OF THE WEST HALF OF SECTION 15, THENCE RUN NORTH ALONG THE SAID EAST LINE TO THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF SECTION 15, THENCE FROM THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF SECTION 10 (BEING THE SAME POINT AS THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF SECTION 15) CONTINUE NORTH ALONG THE QUARTER SECTION LINE TO THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF SECTION 10, THENCE FROM THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF SECTION 3 (BEING THE SAME POINT AS THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF SECTION 10) CONTINUE NORTH ALONG THE QUARTER SECTION LINE TO A POINT, BEING THE INTERSECTION OF THE EASTERLY RIGHT-OF-WAY LINE OF THE 4 SEABOARD COASTLINE RAILROAD AND THE SOUTH LINE OF THE SOUTH HALF OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 3 AS SHOWN ON THE PLAT OF SAWMILL PHASE I AS RECORDED IN PLAT BOOK 23, PAGES 32 THROUGH 35 OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA, THENCE FOLLOWING THE PLAT OF SAWMILL PHASE I, RUN S 89°38'32" E A DISTANCE OF 1,263.54 FEET, TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF APOPKA-VINELAND ROAD, SAID POINT BEING A POINT ON A CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 603 .68 FEET, THENCE RUN NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 25°21'14" A DISTANCE OF 267.13 FEET TO A POINT, THENCE DEPARTING SAID CURVE AND SAID RIGHT-OF-WAY LINE, RUN N 89°40'49" W A DISTANCE OF 66.40 FEET, THENCE RUN N 00°38'29"E A DISTANCE OF 82.72 FEET, THENCE RUN N 89°45'05" W A DISTANCE OF 1,254.47 FEET TO THE EASTERLY RIGHT-OF-WAY LINE OF THE SEABOARD COASTLINE RAILROAD, THENCE RUN NORTHERLY ALONG THE SAID EASTERLY RIGHT-OF-WAY LINE TO A POINT, BEING A POINT ON THE NORTH LINE OF SECTION 3 , THENCE RUN WEST ALONG THE NORTH LINE OF SECTION 3 TO THE NORTHWEST CORNER OF SECTION 3 , THENCE RUN SOUTH ALONG THE WEST LINE OF SECTION 3 TO THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 3, THENCE FROM THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 4 (BEING THE SAME POINT AS THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 3) RUN WEST ALONG THE NORTH LINE OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF SECTION 4 TO THE NORTHWEST CORNER OF THE EAST HALF OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 4, THENCE RUN SOUTH ALONG THE WEST LINE OF THE EAST HALF OF THE . SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 4 TO THE NORTHWEST CORNER OF THE EAST HALF OF THE NORTHWEST 5 QUARTER OF THE SOUTHEAST QUARTER OF SECTION 4, THENCE RUN WEST ALONG THE SOUTH LINE OF THE NORTH HALF OF SECTION 4 TO THE WEST QUARTER CORNER OF SECTION 4, BEING A POINT ON THE CENTERLINE OF OCOEE-CLARCONA ROAD; THENCE RUN NORTH ALONG THE CENTERLINE OF OCOEE-CLARCONA ROAD 200± FEET TO THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF SECTION 5, THENCE RUN WEST ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF SECTION 5 TO THE CENTER POINT OF SECTION 5, THENCE RUN NORTH ALONG THE EAST LINE OF THE NORTHWEST QUARTER OF SECTION 5 TO THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 5, THENCE RUN EAST TO THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 5, THENCE RUN NORTH TO THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 5, THENCE RUN NORTH ALONG THE EAST LINE OF THE WEST HALF OF THE SOUTHEAST QUARTER OF SECTION 32, TOWNSHIP 21 SOUTH, RANGE 28 EAST, TO A POINT, SAID POINT BEING 80± FEET SOUTH OF THE NORTHEAST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 32, THENCE RUN WEST TO A POINT, SAID POINT BEING 80± FEET SOUTH OF THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 32 , THENCE RUN SOUTH TO THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 32 , THENCE FROM THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF SECTION 5, TOWNSHIP 22 SOUTH, RANGE 28 EAST, (BEING THE SAME POINT AS THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF SECTION 32, TOWNSHIP 21 SOUTH; RANGE 28 EAST) RUN WEST ALONG THE NORTH LINE OF SAID SECTION 5 TO THE NORTHWEST CORNER OF SAID SECTION 5, THENCE RUN SOUTH TO THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 5, THENCE RUN EAST TO THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 5, THENCE RUN SOUTH TO THE 6 . . SOUTHWEST CORNER OF THE SOUTHEAST' QUARTER OF THE NORTHWEST QUARTER OF SECTION 5, THENCE RUN WEST TO THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF SECTON 5, BEING A POINT ON THE CENTERLINE OF WEST ROAD, THENCE FROM THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF SECTION 6 (BEING THE SAME POINT AS THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF SECTION 5) CONTINUE WESTERLY ALONG THE CENTERLINE OF WEST ROAD TO ITS INTERSECTION WITH THE CENTERLINE OF OCOEE-APOPKA ROAD, THENCE RUN SOUTHERLY 600± FEET ALONG THE CENTERLINE OF OCOEE-APOPKA ROAD TO THE CENTERLINE OF A WATERCOURSE COMMONLY KNOWN AS THE STATEN BRANCH, THENCE RUN WESTERLY ALONG THE CENTERLINE OF THE STATEN BRANCH TO THE EASTERLY SHORELINE OF LAKE APOPKA, THENCE RUN SOUTHWESTERLY ALONG THE EASTERLY SHORELINE OF LAKE APOPKA TO A POINT INTERSECTING THE WEST LINE OF SECTION 1, TOWNSHIP 22 SOUTH, RANGE 27 EAST, THENCE RUN EAST 5,278± FEET TO A POINT ON THE WEST LINE OF SAID SECTION 1, THENCE RUN SOUTH 905± FEET TO THE SOUTHEAST CORNER OF SAID SECTION 1, SAID CORNER BEING THE SAME AS THE NORTHEAST CORNER OF SECTION 12, TOWNSHIP 22 SOUTH, RANGE 27 EAST, AND THE POINT OF BEGINNING. 7 1 1 / ItemDV B 5A —94 f / THIS INS UMENT PREPARED BY AND SHOULD BE RETURNED TO: Paul E. Ro nthal, Esq. FOLEY & LARDNER 111 North Orange Avenue, Suite 1800 Post Office Box 2193 Orlando, FL 32802-2193 (407)423-7656 For Recording Purposes Only FIRST AMENDMENT TO ORANGE COUNTY/CITY OF OCOEE SEWER SERVICE TERRITORIAL AGREEMENT (CONTRACT NO. S-87-8) THIS FIRST AMENDMENT TO ORANGE COUNTY/CITY OF OCOEE SEWER SERVICE TERRITORIAL AGREEMENT (the "Amendment") is made and entered into this _ day of , 1994, by and between ORANGE COUNTY, a political subdivision of the State of Florida(hereafter "County")and the CITY OF OCOEE, FLORIDA, a municipality created under Florida law and located in Orange County, Florida (hereafter "City"). WITNESSETH: WHEREAS, the City and the County entered into that certain Orange County/City of Ocoee Sewer Service Territorial Agreement formerly known as the Orange County/Prima Vista Utility Company, Inc. Sewer Service Territorial Agreement (Contract No. S-87-8) dated June 8, 1987, by and between the County and Prima Vista Utility Company, Inc. ("PVU"), as recorded on June 10, 1987, in Official Records Book 3894, Page 1363, Public Records of Orange County, Florida, as assigned by PVU to the City by Assignment of Sewer Service Territorial Agreement dated November 30, 1987, by and between PVU and the City, (collectively, the "Sewer Service Agreement"); and WHEREAS, the City and the County desire to modify and alter the Utility's Potential Contract Territory, as that term is defined in the Sewer Service Agreement, in accordance with the provisions set forth herein; and C 0 E7Y 1 ftec`cil ce,,,i7 IJ 6/ Y' OAC per_ WHEREAS, Section 4 of the Sewer Service Agreement provides that the City and the County may increase or decrease the Utility's Potential Contract Territory by written consent of both parties and upon any necessary approvals, certificates, or amendments thereto that may be required by any governmental agency or body having jurisdiction thereof under applicable law; and WHEREAS, this Amendment fulfills the requirements set forth in Section 4 of the Sewer Service Agreement and has been approved by the governing boards of each party. NOW, THEREFORE, in consideration of the mutual premises contained herein, and other consideration, the receipt and sufficiency of which is hereby acknowledged, the City and the County hereby agree as follows: 1. The above recitals are true and correct and are incorporated herein by this reference. 2. The Exhibit "A" attached to the Sewer Service Agreement is hereby deleted in its entirety, and the Utility's Potential Contract Territory shall be amended to lay within the boundaries described in the new Exhibit "A" attached hereto and incorporated by this reference into the Sewer Service Agreement. 3. Notwithstanding anything contained herein or in the Sewer Service Agreement to the contrary, in the event either party to the Sewer Service Agreement is the owner of real property located in the other party's sewer service territorial areas, then the party/owner of such real property may obtain, at such party/owner's sole option, sewer service from either the City Territorial Area or the County's Territorial Area. This provision shall be personal to the parties and shall not apply to the successors and assigns of the parties hereto. 4. The County and City acknowledge the validity of the Sewer Service Agreement and covenant to enforce same and acknowledge that the Utility's Potential Contract Territory is unaffected by annexation. 5. Except as changed, amended and modified by this Amendment, the terms and provisions of the Sewer Service Agreement shall remain unchanged and in full force and effect. 2 IN WITNESS WHEREOF, the County and City have executed this Amendment on behalf of the County and City, respectively, and have set their seals hereto as of the date and year first above written. COUNTY ORANGE COUNTY, FLORIDA By: County Chairman Executed on: , 1994 Attest: Martha O. Haynie, Comptroller as Clerk of the Board of County Commissioners By: Deputy Clerk (SEAL) FOR USE AND RELIANCE OF ORANGE APPROVED BY THE ORANGE COUNTY, COUNTY, FLORIDA ONLY. APPROVED COMMISSION AT A MEETING HELD AS TO FORM ONLY. ON , 1994 this day of , 1994 UNDER AGENDA ITEM NO. By: Name: Its: Assistant County Attorney 3 CITY CITY OF OCOEE, FLORIDA By: S. Scott Vandergrift, Mayor Executed on: , 1994 Attest: Jean Grafton, City Clerk (SEAL) FOR USE AND RELIANCE ONLY BY APPROVED BY THE OCOEE CITY THE CITY OF OCOEE, FLORIDA COMNIISSION AT A MEETING HELD APPROVED AS TO FORM AND ON , 1994 LEGALITY this day of UNDER AGENDA ITEM NO. , 1994 Foley & Lardner By: Paul E. Rosenthal City Attorney 4 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 acknowledgements, personally appeared and ,personally known to me to be the Chairman of the Orange County Commission and Deputy Clerk, respectively, of Orange County, Florida, and that they severally acknowledged executing the same freely and voluntarily under authority duly vested in them by said County. WITNESS my hand and official seal in the County and State last aforesaid this day of , 1994. Signature of Notary Name of Notary (Typed,Printed or Stamped) Commission Number(if not legible on seal): My Commission Expires(if not legible on seal): 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 acknowledgements, personally appeared S. SCOTT VANDERGRIFT and JEAN GRAFTON, personally known to me to be the Mayor and City Clerk, respectively, of the CITY OF OCOEE and that they severally acknowledged executing the same 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 , 1994. Signature of Notary Name of Notary (Typed,Printed or Stamped) Commission Number(if not legible on seal): My Commission Expires(if not legible on seal): C:\WPSI\DOCS\OCOEITERSEWER.AMD 11RA/94 1t/248I PERS 5 / o • . _______ __ \ 111111 AIN=1116_ dr-11111-Z/ r 9.7' it „,.,_,.. tf.. I Igil,....i....ir- '............, ',.pi s _��� :-.....„:„, _....:=10 ili,,,...7„1, 1_,I. ..A,. "LLT UpJUI4c ....i., _ ........,,,. ,y..., 0 41,2.4..i 4 ....---.::,„..r.,"..„,.m.L:„..„.„....: Irl-::: i""11 i.::•Mvilijilitl .... UiJ F.. sr u- _ '" 111; . : . .„,......t...,„.., \._ _iiirs,..„,v,..'if.p.1 =1:::, al."1:41:11. AN:ir Bk.. Me% / "7 mr, -.• - .P.,..,...„A: 14,- i""r":-;ZI 1 will 41-7, 1,....111;:.- -4E.5ri, ",i , Lr-Ffd M = . _ •_; ;:. ...... yam..., p H t 3. II tr.2 , 4... miiri,.... .:,=,"All="7. •• T.:_ prg.11,1 ., 4 im. 2. .7 Mila.‘'. a-IL 1=47Ei;i0-$.frie moiTisT.ir...... 1 ,-.771 i ...7i7..11F- ..... gairbilh ' fa. Imo )1011. en -, 21- 1 ,..m..,, 1111715g 1 Cri , 11, 10 • iFI1i - OVIiiiii 7 ._:.. ,,._ _ r a Altielik\ G- - Ali • ,,. , oy_ ...,L=„1--u- -1 rIlimmilL'irli.:/12116 : Illiii AIM MIK 1111=11111 1W-- 1. 211 " m 20—,, mokol, Emir Ni iujI- \ ll 1 1111r4 ..T.."--e ._ t.., .. ._....,_ �_ 1 '' ihsilifr ' t , F „r \ t-vEs= n, —: ir 4 \ geg 111 1� . 4 ■ .;4t EXHIBIT 'A° sm. '-""- ) CITY IF ❑CEEE 7 _MI6 UTILITY'S POTENTIAL (SEWER) CENRACT TERRITERY AREA LOCATED WITHIN THE SOLID LINE IS THE UTILITY'S POTENTIAL CONTRACT TERRITORY AS I Li GDEFINED IN SECTION 2.1 OF THE SEWER SERVICE I-_, i AGREEMENT EXHIBIT A CITY OF OCOEE UTILITY'S POTENTIAL (SEWER) CONTRACT TERRITORY THE FOLLOWING BOUNDARY LINES LOCATED WITHIN AND/OR BY REFERENCE TO TOWNSHIP 22 SOUTH, RANGE 27 EAST IN ORANGE COUNTY, FLORIDA: COMMENCING AT THE NORTHEAST CORNER OF SECTION 12, BEING THE POINT OF BEGINNING; RUN SOUTH ALONG THE EAST LINE OF SECTION 12 APPROXIMATELY 900 FEET TO THE CENTERLINE OF EAST CROWN POINT ROAD; THENCE CONTINUING SOUTHERLY ALONG THE CENTERLINE OF EAST CROWN POINT ROAD THROUGH SECTIONS 12 AND 13 TO A POINT OF INTERSECTION WITH THE CENTERLINE OF STATE ROAD 438 IN SECTION 13; THENCE EAST 670.8± FEET TO THE EAST LINE OF SECTION 13; THENCE SOUTH ALONG SAID EAST LINE TO THE SOUTHEAST CORNER OF SECTION 13, THENCE FROM THE NORTHEAST CORNER OF SECTION 24 (BEING THE SAME POINT AS THE SOUTHEAST CORNER OF SECTION 13) CONTINUE SOUTH ALONG THE EAST LINE OF SECTION 24 TO THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 24, THENCE CONTINUE SOUTH ALONG THE EAST SECTION LINE 399.74 FEET; THENCE WEST 945 FEET, THENCE SOUTH 234.15 FEET, THENCE EAST, PARALLEL WITH THE NORTH LINE OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER, 945.20 FEET; THENCE SOUTH ALONG THE EAST SECTION LINE TO THE SOUTHEAST CORNER OF SECTION 24, BEING A POINT ON THE CENTERLINE OF STATE ROAD 50, ALONG WITH: THE FOLLOWING BOUNDARY LINES LOCATED WITHIN AND/OR BY REFERENCE TO TOWNSHIP 22 SOUTH, RANGE 28 EAST IN ORANGE COUNTY, FLORIDA: FROM THE NORTHWEST CORNER OF SECTION 30, (BEING THE SAME POINT AS THE SOUTHEAST CORNER OF SECTION 24, TOWNSHIP 22 1 SOUTH, RANGE 27 EAST) EXTEND SOUTH ALONG THE WEST SECTION LINE OF SECTION 30 TO THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF SECTION 30, BEING A POINT ON THE CENTERLINE OF MARSHALL FARMS ROAD; THENCE CONTINUING SOUTH ALONG THE WEST LINE OF SECTIONS 30 AND 31; BEING THE CENTERLINE OF WINDERMERE ROAD, TO THE CENTERLINE INTERSECTION WITH ROBERSON ROAD WITHIN SECTION 31, THENCE FROM THE CENTERLINE INTERSECTION OF WINDERMERE ROAD AND ROBERSON ROAD, RUN EAST ALONG THE CENTERLINE OF ROBERSON ROAD WITHIN SECTION 31 TO ITS POINT OF INTERSECTION WITH THE CENTERLINE OF MAGUIRE ROAD, SAID POINT ALSO BEING ON THE EAST LINE OF SECTION 31; THENCE RUN EASTERLY TO THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER OF SECTION 32 ; THENCE NORTH, ALONG THE EAST LINE OF THE WEST HALF OF SECTIONS 32 AND 29, A DISTANCE OF 5,316± FEET TO THE CENTER POINT OF SECTION 29; THENCE EAST 1, 320± FEET TO THE WEST RIGHT-OF-WAY LINE OF BLACKWOOD AVENUE; THENCE NORTH ALONG THE SAID WEST RIGHT-OF-WAY LINE 1, 310± FEET TO THE SOUTH RIGHT-OF-WAY LINE OF OLD WINTER GARDEN ROAD; THENCE RUN SOUTHEASTERLY ALONG THE SOUTH RIGHT-OF-WAY LINE OF OLD WINTER GARDEN ROAD TO THE WEST RIGHT-OF-WAY LINE OF SOUTH DIVISION AVENUE, THENCE NORTH ALONG THE WEST RIGHT-OF-WAY LINE OF SOUTH DIVISION AVENUE TO THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 29, THENCE EAST ALONG THE QUARTER-QUARTER SECTION LINE TO THE WEST LIMITED-ACCESS LINE OF THE EAST-WEST EXPRESSWAY, THENCE NORTHERLY ALONG THE WEST LIMITED-ACCESS LINE OF THE EAST-WEST EXPRESSWAY TO THE SOUTH RIGHT-OF-WAY LINE OF STATE ROAD 50, THENCE CONTINUE NORTH TO A POINT ON THE SOUTH LINE OF SECTION 21, THENCE EAST ALONG THE SOUTH LINE OF SECTION 21 TO THE SOUTHEAST CORNER OF SECTION 21; THENCE, SOUTH ALONG THE WEST LINE OF SECTION 27 660± FEET TO THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE 2 NORTHWEST QUARTER OF SECTION 27, THENCE RUN EAST 20± FEET TO THE NORTHWEST CORNER OF LOT 5, LAKEVIEW HEIGHTS SUBDIVISION AS RECORDED IN PLAT BOOK E, PAGE 40 OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA, THENCE EAST 640± FEET, THENCE NORTH TO THE SOUTH LINE OF SECTION 22, THENCE EAST TO THE POINT OF INTERSECTION OF THE SOUTH LINE OF SECTION 22 WITH THE CENTERLINE OF GOOD HOMES ROAD; THENCE RUN NORTH, ALONG SAID CENTERLINE OF GOOD HOMES ROAD 950± FEET; THENCE, DEPARTING SAID CENTERLINE, RUN WEST 1, 320± FEET ALONG THE SOUTHERN BOUNDARY OF ROSE HILL SUBDIVISION, AS RECORDED IN PLAT BOOK 13, PAGE 129 OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA, TO A POINT LYING ON THE EAST LINE OF SECTION 21; THENCE RUN NORTH ALONG SAID EAST LINE OF SECTION 21 410± FEET TO THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 21; THENCE RUN WEST 1,320± FEET ALONG THE SOUTHERN BOUNDARY OF ROSE HILL PHASE 2, AS RECORDED IN PLAT BOOK 16, PAGE 35 OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA, TO THE SOUTHWEST CORNER OF SAID SUBDIVISION; THENCE RUN NORTH TO THE NORTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 16; SAID CORNER BEING THE SOUTHWEST CORNER OF SILVER BEND UNIT I SUBDIVISION AS RECORDED IN PLAT BOOK 30, PAGES 4 AND 5 OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA, THENCE RUN EAST ALONG THE SOUTH LINE OF SAID SILVER BEND UNIT I SUBDIVISION TO THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 16, (SAID CORNER ALSO BEING THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 15) , THENCE CONTINUE EAST ALONG THE QUARTER-QUARTER SECTION LINE OF SECTION 15, TO THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 15, THENCE RUN NORTH ALONG THE EAST LINE OF THE WEST HALF OF THE EAST HALF OF THE 3 SOUTHWEST QUARTER OF SECTION 15 TO THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 15, BEING A POINT ON THE SOUTH LINE OF TEMPLE GROVE ESTATES PHASE 1A AS RECORDED IN PLAT BOOK 29, PAGES 150 AND 151 OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA, THENCE RUN EAST ALONG THE SOUTH LINE OF TEMPLE GROVE ESTATES PHASE 1A TO THE SOUTHEAST CORNER OF LOT 26 OF TEMPLE GROVE ESTATES PHASE 1A, THENCE FOLLOWING THE PLAT OF TEMPLE GROVE ESTATES PHASE 1A, RUN N 00°00'46" W A DISTANCE OF 180 FEET, THENCE RUN N 89°52'22" E A DISTANCE OF 431.89 FEET TO THE WEST RIGHT-OF-WAY LINE OF GOOD HOMES ROAD, THENCE RUN N 01°12'32" W A DISTANCE OF 454.93 FEET TO THE NORTHEAST CORNER OF LOT 1 OF TEMPLE GROVE ESTATES PHASE 1A, THENCE RUN S 89049'18" W A DISTANCE OF 217.84 FEET, THENCE RUN N 01°12'32" W A DISTANCE OF 100.00 FEET TO A POINT ON THE NORTH LINE OF LOT 3 OF TEMPLE GROVE ESTATES PHASE 1A, SAID POINT LYING 9.65 FEET EAST OF THE NORTHWEST CORNER OF SAID LOT 3, THENCE RUN WEST ALONG THE NORTH LINE OF TEMPLE GROVE ESTATES PHASE 1A TO A POINT, SAID POINT BEING THE INTERSECTION OF THE NORTH LINE OF TEMPLE GROVE ESTATES PHASE 1A AND THE EAST LINE OF THE WEST HALF OF SECTION 15, THENCE RUN NORTH ALONG THE SAID EAST LINE TO THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF SECTION 15, THENCE FROM THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF SECTION 10 (BEING THE SAME POINT AS THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF SECTION 15) CONTINUE NORTH ALONG THE QUARTER SECTION LINE TO THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF SECTION 10, THENCE FROM THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF SECTION 3 (BEING THE SAME POINT AS THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF SECTION 10) CONTINUE NORTH ALONG THE QUARTER SECTION LINE TO A POINT, BEING THE INTERSECTION OF THE EASTERLY RIGHT-OF-WAY LINE OF THE 4 SEABOARD COASTLINE RAILROAD AND THE SOUTH LINE OF THE SOUTH HALF OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 3 AS SHOWN ON THE PLAT OF SAWMILL PHASE I AS RECORDED IN PLAT BOOK 23 , PAGES 32 THROUGH 35 OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA, THENCE FOLLOWING THE PLAT OF SAWMILL PHASE I, RUN S 89°38'32" E A DISTANCE OF 1,263 .54 FEET, TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF APOPKA-VINELAND ROAD, SAID POINT BEING A POINT ON A CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 603 .68 FEET, THENCE RUN NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 25°21'14" A DISTANCE OF 267.13 FEET TO A POINT, THENCE DEPARTING SAID CURVE AND SAID RIGHT-OF-WAY LINE, RUN N 89°40'49" W A DISTANCE OF 66.40 FEET, THENCE RUN N 00°38'29"E A DISTANCE OF 82 .72 FEET, THENCE RUN N 89°45'05" W A DISTANCE OF 1,254.47 FEET TO THE EASTERLY RIGHT-OF-WAY LINE OF THE SEABOARD COASTLINE RAILROAD, THENCE RUN NORTHERLY ALONG THE SAID EASTERLY RIGHT-OF-WAY LINE TO A POINT, BEING A POINT ON THE NORTH LINE OF SECTION 3 , THENCE RUN WEST ALONG THE NORTH LINE OF SECTION 3 TO THE NORTHWEST CORNER OF SECTION 3 , THENCE RUN SOUTH ALONG THE WEST LINE OF SECTION 3 TO THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 3, THENCE FROM THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 4 (BEING THE SAME POINT AS THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 3) RUN WEST ALONG THE NORTH LINE OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF SECTION 4 TO THE NORTHWEST CORNER OF THE EAST HALF OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 4, THENCE RUN SOUTH ALONG THE WEST LINE OF THE EAST HALF OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 4 TO THE NORTHWEST CORNER OF THE EAST HALF OF THE NORTHWEST 5 QUARTER OF THE SOUTHEAST QUARTER OF SECTION 4, THENCE RUN WEST ALONG THE SOUTH LINE OF THE NORTH HALF OF SECTION 4 TO THE WEST QUARTER CORNER OF SECTION 4, BEING A POINT ON THE CENTERLINE OF OCOEE-CLARCONA ROAD; THENCE RUN NORTH ALONG THE CENTERLINE OF OCOEE-CLARCONA ROAD 200± FEET TO THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF SECTION 5, THENCE RUN WEST ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF SECTION 5 TO THE CENTER POINT OF SECTION 5, THENCE RUN NORTH ALONG THE EAST LINE OF THE NORTHWEST QUARTER OF SECTION 5 TO THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 5, THENCE RUN EAST TO THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 5, THENCE RUN NORTH TO THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 5, THENCE RUN NORTH ALONG THE EAST LINE OF THE WEST HALF OF THE SOUTHEAST QUARTER OF SECTION 32, TOWNSHIP 21 SOUTH, RANGE 28 EAST, TO A POINT, SAID POINT BEING 80± FEET SOUTH OF THE NORTHEAST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 32 , THENCE RUN WEST TO A POINT, SAID POINT BEING 80± FEET SOUTH OF THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 32 , THENCE RUN SOUTH TO THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 32, THENCE FROM THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF SECTION 5, TOWNSHIP 22 SOUTH, RANGE 28 EAST, (BEING THE SAME POINT AS THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF SECTION 32, TOWNSHIP 21 SOUTH, RANGE 28 EAST) RUN WEST ALONG THE NORTH LINE OF SAID SECTION 5 TO THE NORTHWEST CORNER OF SAID SECTION 5, THENCE RUN SOUTH TO THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 5, THENCE RUN EAST TO THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 5, THENCE RUN SOUTH TO THE 6 SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 5, THENCE RUN WEST TO THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF SECTON 5, BEING A POINT ON THE CENTERLINE OF WEST ROAD, THENCE FROM THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF SECTION 6 (BEING THE SAME POINT AS THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF SECTION 5) CONTINUE WESTERLY ALONG THE CENTERLINE OF WEST ROAD TO ITS INTERSECTION WITH THE CENTERLINE OF OCOEE-APOPKA ROAD, THENCE RUN SOUTHERLY 600± FEET ALONG THE CENTERLINE OF OCOEE-APOPKA ROAD TO THE CENTERLINE OF A WATERCOURSE COMMONLY KNOWN AS THE STATEN BRANCH, THENCE RUN WESTERLY ALONG THE CENTERLINE OF THE STATEN BRANCH TO THE EASTERLY SHORELINE OF LAKE APOPKA, THENCE RUN SOUTHWESTERLY ALONG THE EASTERLY SHORELINE OF LAKE APOPKA TO A POINT INTERSECTING THE WEST LINE OF SECTION 1, TOWNSHIP 22 SOUTH, RANGE 27 EAST, THENCE RUN EAST 5,278± FEET TO A POINT ON THE WEST LINE OF SAID SECTION 1, THENCE RUN SOUTH 905± FEET TO THE SOUTHEAST CORNER OF SAID SECTION 1, SAID CORNER BEING THE SAME AS THE NORTHEAST CORNER OF SECTION 12, TOWNSHIP 22 SOUTH, RANGE 27 EAST, AND THE POINT OF BEGINNING. • 7