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HomeMy WebLinkAboutItem VI (A)(1) Second Reading of Ordinances - Oak Trail Reserve PUD Agenda 08-17-04 • Item VI.A.1.a. Curter of Good Z• ''85CORR iy CITY OF OCOEE AGENDA ITEM COVER SHEET Date: August 9, 2004 Meeting Date: August 17, 2004 Subject: Oak Trail Reserve PUD Rezoning/Land Use Plan Ordinance 2004-17 Issue: Should the Mayor and City Commissioners adopt Ordinance 2004-17, approving the Rezoning and Land Use Plan for Oak Trail Reserve PUD ? Recommendation: Based on the recommendation of the DRC and the Planning and Zoning Commission, Staff recommends that the Mayor and City Commissioners adopt Ordinance 2004-17, approving the Rezoning from R-IAA to PUD and approving the Land Use Plan for the Oak Trail Reserve PUD, as date stamped received by the City on June 24, 2004. Background Summary: The proposed Oak Trail Reserve PUD is located on the north side of the intersection of Clarke Road and Clarcona-Ocoee Road. The project is proposed to include a maximum of 60 single family units and 80 townhomes which does not exceed the underlying land use density cap. The project also includes a small recreation area, (Tract"0" - 0.5 acres) near the Clarke Road entrance, and an upland buffer conservation area (Tract"D" - 3.2 acres) that will be preserved in its natural state. • Fiscal Impacts: Not Applicable Commission Action: Reviewed by City Manager Reviewed by City Attorney (Development Agreement& Ordinance Attached) Reviewed by Finance (N/A) Mayore c,:ter of Good L.Y. Commissioners S. Scott`'andergrift �r �8 Danny Howell, District 1 Scott.Anderson, District 2 City Manager Rusty Johnson, District 3 Robert Frank Nancy J. Parker, District 4 STAFF REPORT TO: The Honorable Mayor and City Commissioners FROM: Russ Wagner, AICP, Community Development Director Of DATE: August 9, 2004 RE: Oak Trail Reserve PUD Rezoning/Land Use Plan Ordinance 2004-17 ISSUE Should the Mayor and City Commissioners adopt Ordinance 2004-17, approving the Rezoning and Land Use Plan for Oak Trail Reserve PUD ? BACKGROUND/DISCUSSION BACKGROUND: The proposed Oak Trail Reserve PUD is located on the north side of the intersection of Clarke Road and Clarcona-Ocoee Road. The property includes 38.6 acres with 3.6 acres as weltlands/ "wildlife habitat". The property is currently zoned R1-AA Single-Family Dwelling District. The future land use is Low Density Residential, which allows up to 4 dwelling units per acre. The project is proposed to include a maximum of 60 single family units and 80 townhomes which does not exceed the underlying land use density cap. The subject property is currently undeveloped and is partially covered with trees mostly on the south side of the isolated wetland and along the eastern boundary area of the property. The remainder is open field. The surrounding land to the north has been developed as large acreage residential, zoned R-IAA; to the west is vacant treed (mostly citrus grove) land zoned R-IAA; to the east is vacant partially treed land zoned R-IAA; and to the south is Clarke Road with vacant land in an unincorporated county enclave on the west side of the road and on the east side of the road is Orchard Park Subdivision zoned R1-AA. The project also includes a small recreation area, (Tract"0"- 0.5 acres) near the Clarke Road entrance, and an upland buffer conservation area (Tract "D" - 3.2 acres) that will be preserved in its natural state. DISCUSSION: Orange County will be providing the water and sewer service while solid waste and reuse water service will be provided by the City. Based upon the original Annexation Agreement, the property owner will provide additional road right-of- way for. • Widening of Clarcona-Ocoee Road/West Orange Trail (Tract"G"0.666 acres and Tract"P" 0.166 acres) and, • The northward extension of Clarke Road (Tract"F" 2.148 acres; 110 feet wide) As shown in the Land Use Plan, Oak Trail Reserve PUD will have two (2)access points into the site; one which is from the northward extension of Clarke Road near the wetland, and a second one, approximately 600 feet north of the south access point. The isolated wetland is proposed to be used for stormwater retention, and the developer states that wetland mitigation is to be provided for impacts into the jurisdictional wetland for stormwater retention and recreation areas. St. Johns River Water Management District will review for acceptability for storage as it relates to water quantity and water quality. Use of the isolated wetland,would involve mitigation of all wetlands replaced with retention pond area and adjustment to the 100-year floodplain elevation and 25- foot buffer area. Dedication to the City of Ocoee: Tract"E", a triangular 1.71 acre parcel located between Hobson Road Clarcona- Ocoee Road and the northward extension of Clarke Road will dedicated to the City. This tract could serve as stormwater retention area, as well as a mini trail head park. The dedication of the rights-of-way, development program requirements, and conditions of approval are all contained in a Development Agreement attached to this report. RECOMMENDATION DEVELOPMENT REVIEW COMMITTEE RECOMMENDATION: The Development Review Committee (DRC) reviewed the Oak Trail Reserve PUD Land Use Plan on June 15, 2004. There was discussion on revising the Land Use Plan with the developer agreeing to make the changes noted above by July 1, 2004. The DRC voted unanimously to recommend approval of the Oak Trail Reserve PUD Land Use Plan and the rezoning from R-IAA to PUD, subject to the changes discussed being made to the plans ahead of the Planning & Zoning Commission (on July 13, 2004). A revised Land Use Plan (date stamped June 24,2004) incorporates the DRC's requested changes. PLANNING AND ZONING COMMISSION RECOMMENDATION: The proposed Rezoning and Land Use Plan for Oak Trail Reserve PUD was reviewed by the Planning and Zoning Commission on July 13, 2004. There was a discussion on the upland area (Tract "D" — 3.2 acres) on the northeast side of the property that will be preserved in its natural state as a wildlife habitat. It was noted that there is a 3.6 acre wetlands area toward the center of the property and that this wetland area and 100-year floodplain will actually be enlarged and be at a higher elevation when the wetland area will be used for stormwater retention. An approximate FEMA (Federal Emergency Management Agency) 100-year floodplain limit line was shown,which was based on the contour and topographic map the consultants had. The wetland line was shown in relation to the approximate FEMA line. If St. Johns River Water Management District approves the developer's stormwater retention plans, there will be replacement, mitigation of wetlands such that there will be no net loss of wetlands and a potential for a gain in wetland area. There will be a wetland planting program to reflect this change. Tract"E"will serve as a retention pond for the drainage from the paving of Clarke Road. There was also discussion on the different traffic generation rates that would result if the development were all single-family residential at up to 4 units per acre, or all townhomes, and as mixed use. The traffic consultant noted that at 4 dwelling units per acre with smaller lot sizes, the townhouses generate considerably less traffic than single-family units do. When the discussion was finished, the Planning and Zoning Commission voted unanimously to recommend approval of the proposed Rezoning from R-1AA to PUD and approve the Land Use Plan for the Oak Trail Reserve PUD, as date- stamped by the City on July 2, 2004. STAFF RECOMMENDATION: Based on the recommendation of the DRC and the Planning and Zoning Commission, Staff recommends that the Mayor and City Commissioners adopt Ordinance 2004-17, approving the Rezoning from R-1AA to PUD and approving the Land Use Plan for the Oak Trail Reserve PUD, as date stamped received by the City on June 24, 2004, including approval of the Development Agreement, and authorizing the Mayor and City Clerk to execute said Agreement on behalf of the City. Attachments: Location Map Future Land Use Map Zoning Map Oak Trail Reserve PUD Land Use Plan,date stamped June 24,2004 Ordinance 2004-17 Development Agreement H:\CC Staff Report on Oak Trail PUD LUP.doc Oak Trail Reserve PUD Location Map \ I TROUT LAKE 111 1 OOOOOOOOOO • • . • • • • TRO 4 T KE • • • • K. . . LAKE SIMS • 73 co O r oe FL ee o co .0G° 0 c 7' 4, LAKE ADDAH ----: Z 3 'l I I i i`V°4°- ,1 > w , •• 44.s • .,_:_i_________--- ' _ � __________ , _ . W. o, Et BA COVE _ Po �• •� ,, �'" ipIBM — .- E© —,� .IV OM ' ,,� . INFA m � 'k. ELL OM 5 �a MLA MI M� % miz MOM —`z M_LII iln — 111 4110 0 :o':N A gr, ■L . 11�' - 1 4 — loopori A,MEADOW � v 4 . I A21d391Amd w — ,a� o -- o 1S32:13 3NIA3dVHO -= 111 l '1111 :: ". 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Y - MO7 CI YEY■Y■Y■Y■Y■YYu/[ol 1111 - llaM 7 ---.-:1 IIIMMICIIIIIMIL -O . _ NM ► rIIIIIIll M1111111;EMIIIIIIIIIIIIIIIIIIIIIIIIMMIIIIII. - ME MINN ILMIIIiilii Illiiiiii:iii:i, . X71 - _i ORDINANCE NO. 2004-17 (PUD Zoning Ordinance for Oak Trail Reserve PUD) AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, REZONING FROM OCOEE R-1AA TO "PUD" ZONING, PLANNED UNIT DEVELOPMENT DISTRICT, FOR CERTAIN REAL PROPERTY COMPRISING APPROXIMATELY 38.6 ACRES LOCATED NORTHEAST OF THE INTERSECTION OF CLARKE ROAD AND CLARCONA-OCOEE ROAD AND WEST OF THE WEST ORANGE TRAIL PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNER; FINDING SUCH ZONING TO BE CONSISTENT WITH THE OCOEE COMPREHENSIVE PLAN, THE OCOEE CITY CODE, AND THE JOINT PLANNING AREA AGREEMENT; PROVIDING FOR AND AUTHORIZING THE REVISION OF THE OFFICIAL CITY ZONING MAP; REPEALING INCONSISTENT ORDINANCES; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner (the "Owner") of certain real property located within the corporate limits of the City of Ocoee, Florida, as hereinafter described, has submitted an application to the City Commission of the City of Ocoee, Florida (the "Ocoee City Commission") to rezone said real property from Ocoee R-1AA, Single-Family Dwelling, to Ocoee "PUD", Planned Unit Development District (the "Zoning"); and WHEREAS, pursuant to Section 5-9(B) of Article V of Chapter 180 of the Code of Ordinances of the City of Ocoee (the "Ocoee City Code"), the Planning Director has reviewed said application and determined that the Zoning requested by the Owner is consistent with the 1991 City of Ocoee Comprehensive Plan as set forth in Ordinance No. 91-28, adopted September 18, 1991, as amended (the "Ocoee Comprehensive Plan"); and WHEREAS, on February 11, 1994, Orange County and the City of Ocoee entered into a Joint Planning Area Agreement which has been amended from time to time (the "JPA Agreement"); and Ordinance No. 2004-17 WHEREAS, the JPA Agreement affects the future land use of the real property hereinafter described; and WHEREAS, the Zoning was scheduled for study and recommendation by the Planning and Zoning Commission of the City of Ocoee ("PZC"); and WHEREAS, the PZC has held a public hearing with public notice thereof and reviewed the Zoning for consistency with the Ocoee Comprehensive Plan and the JPA Agreement and determined that the Zoning is consistent with the Ocoee Comprehensive Plan and the JPA Agreement and is in the best interest of the City and has recommended to the Ocoee City Commission that it approve the Zoning and find it consistent with the Ocoee Comprehensive Plan and the JPA Agreement; and WHEREAS, the Ocoee City Commission has held a de novo public hearing with public notice thereof with respect to the Zoning; and WHEREAS, this Ordinance has been considered by the Ocoee City Commission in accordance with the procedures set forth in Section 166.041(3), Florida Statutes. NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: SECTION 1. Authority. The City Commission of the City of Ocoee has the authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida and Chapter 166, Florida Statutes. SECTION 2. Zoning. The zoning classification, as defined in the Ocoee City Code, of the following described parcel of land containing approximately 38.6 acres located within the corporate limits of the City of Ocoee, Florida, is hereby changed from Ocoee R-1AA, Single Family Dwelling, to Ocoee "PUD", Planned Unit Development District: Ordinance No. 2004-17 -2- See Exhibit "A" attached hereto and by this reference made a part hereof (the "Property"). SECTION 3. Map. A map of the Property which clearly shows the area of Zoning is attached hereto as Exhibit "B" and by this reference is made a part hereof. SECTION 4. Land Use Plan. The following Land Use Plan for the Property is hereby approved subject to the Conditions of Approval from the Ocoee Land Development Code set forth thereon: That certain Land Use Plan for Oak Trail Reserve PUD prepared by Professional Design Associates, Inc. date stamped received by the City on May 18, 2004 with such additional revisions thereto, if any, as may be reflected in the minutes of the City Commission of the City of Ocoee meeting approving the same. The above described Land Use Plan is attached hereto as Exhibit "C" and by this reference made a part hereof. SECTION 5. Official Zoning Map. The City Clerk is hereby authorized and directed to revise the Official Zoning Map of the City of Ocoee in order to incorporate the Zoning enacted by this Ordinance and the Mayor and City Clerk are hereby authorized to execute said revised Official Zoning Map in accordance with the provisions of Section 5-1(G) of Article V of Chapter 180 of the Ocoee City Code. SECTION 6. Ocoee Comprehensive Plan and JPA Consistency. The Ocoee City Commission hereby fords that this Ordinance is consistent with the Ocoee Comprehensive Plan and the WA Agreement. SECTION 7. Inconsistent Ordinances. All ordinances or parts of ordinances in conflict or inconsistent herewith are hereby repealed and rescinded. Ordinance No. 2004-17 -3- SECTION 8. Severability. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion hereto. SECTION 9. Effective Date. This Ordinance shall become effective upon passage and adoption. PASSED AND ADOPTED this day of , 2004. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA Name: S. Scott Vandergrift, Mayor Title: (SEAL) ADVERTISED , 2004 READ FIRST TIME , 2004 FOR USE AND RELIANCE ONLY BY READ SECOND TIME AND ADOPTED THE CITY OF OCOEE, FLORIDA , 2004 Approved as to form and legality this UNDER AGENDA ITEM NO. day of , 2004. FOLEY & LARDNER LLP By: City Attorney Ordinance No. 2004-17 -4- EXHIBIT "A" [Legal Description] OVERALL BOUNDARY DESCRIPTION That portion of Section 33, Township 21 South, Range 28 East, and that portion of Section 4, Township 22 South, Range 28 East, Orange County, Florida described as follows: Begin at the Southwest corner of the Southeast 1/4 of aforesaid Section 33; thence North OOE 05' 11" East along the West line of the Southeast 1/4 of Section 33 for 594.20 feet to a point lying 815.00 feet Southerly of the Northwest corner of the Southwest 1/4, of the Southeast 1/4 of Section 33, said point also being the Northwest corner of Parcel No. 2 described in Exhibit A, Official Record Book 5123, Page 120 of the Official Records of Orange County, Florida; thence North 67E 40' 37" East along the northerly boundary of said Parcel No. 2 for 32.46 feet to the East line of the West 30.00 feet of the Southwest 1/4 of the Southeast 1/4 of said Section 33; thence North OOE 05' 11" East along said East line for 787.49 feet to the South line of the North 15.00 feet of the Southwest 1/4 of the Southeast 1/4 of Section 33 and the Southerly right-of-way line of Trout Lake Road according to the plat of TROUT LAKE ROAD as recorded in Plat Book 3, Page 9 of the Public Records of Orange County, Florida; thence South 89E 39' 15" east along said South line and southerly rights-of-way line of Trout Lake Road for 1296.90 feet to the East line of the Southwest 1/4 of the Southeast 1/4 of Section 33; thence South OOE 10' 58" West along said East line for 182.76 feet to the Northerly boundary of the West Orange Trail formerly the CSX RAILROAD formerly the ATLANTIC COASTLINE RAILROAD; thence along the northerly boundary of the West Orange Trail as described in Parcel 125A, Official Records Book 4814, Page 3816 and Parcel 124 Official Record Book 5004, Page 3955 of the Public Records of Orange County, Florida the following courses: run Southwesterly along the arc of a circular curve concave Southeasterly having a radius of 1303.24 feet a chord bearing of South 33E 00' 22" West and a central angle of 23E 45' 14" for 540.30 feet to the Point of Tangency; thence South 21E 07' 45" West for 175.70 feet to a Point of Curvature with a circular curve concave northwesterly; thence Southwesterly along the arc of said curve having a radius of 2834.79 and a central angle of 09E 12' 52" for 455.90 feet; thence South 59E 39' 23" East along a radial line for 5.00 feet to a intersection with a circular curve concave northwesterly and being concentric with the previous described curve; thence Southwesterly along the arc of said curve having a radius of 2839.79 and a central angle of 04E 12' 08" for 208.28 feet to the Point of Tangency; thence South 34E 32' 45" West for 290.02 feet with a Point of Curvature of a circular curve concave Northwesterly having a radius of 1612.02 and a central angle of 25E 26' 33" for 715.83 feet to the West line of the Northeast 1/4 of aforesaid Section 4; thence departing aforesaid Northerly boundary of the West Orange Trail run North OlE 27' 08" East along said West line of 719.69 feet to the Point of Beginning. Containing 38.62 acres, more or less. T00-B50 Ordinance No. 2004-17 -5- EXHIBIT "R" Oak Trail Reserve PUD Location Map \ I TROUT LAKE we Fr LAKE SIMS 13 -,-,--- c 0 IX A id F oma �,, ' .�tt 4♦4�i% i1c., W g LAKE ADDAH - ideatumr i .- Fit =TT iii a Tcp, rip %T.- T. E 2'4hi I __3 LW J MK 1 r. in. ■■ �g .P — 1 y mis am am MI=MI ME-7 /10-1 111111P1 IIIMI INHEt1 al c3 MO 111111161 -Ill ♦'�►,4II ? www W 1 1 M MU Pk- .5 -� -I, ilii _�� .r3 wri _-0, �# WI i wn *---er `mo .07), � 0 ... Sr TEri... .SIP .% 4 A% min Ina., .. ..:.--_,,_ :. - _zoo Ordinance No. 2004-17 -6- EXHIBIT "C" Insert Land Use Plans Ordinance No. 2004-17 -7- Agenda 08-17-04 Item VI.A.1.b. THIS INSTRUMENT PREPARED BY AND SHOULD BE RETURNED TO: PREPARED BY: Edward A. Storey III,Esq. FOLEY&LARDNER LLP 111 North Orange Avenue,Suite 1800 Post Office Box 2193 Orlando,FL 32802-2193 (407)423-7656 RETURN TO: For Recording Purposes Only , City Clerk CITY OF OCOEE 150 N. Lakeshore Drive Ocoee, FL 34761 (407)656-2322 DEVELOPMENT AGREEMENT (Oak Trail Reserve PUD) THIS DEVELOPMENT AGREEMENT ("this Agreement") is made and entered into as of the day of , 2004 by and between CENTER LAKE PROPERTIES, LTD., a Florida limited partnership, whose mailing address is 260 West Pineloch Street, Orlando, Florida 32806 (hereinafter referred to as the "Owner") and the CITY OF OCOEE, a Florida municipal corporation, whose mailing address is 150 North Lakeshore Drive, Ocoee, Florida 34761, Attention: City Manager (hereinafter referred to as the "City"). WITNESSETH: WHEREAS, the Owner owns fee simple title to certain lands located in Orange County, Florida, and within the corporate limits of the City of Ocoee, Florida, said lands being more particularly described in Exhibit "A" attached hereto and by this reference made a part hereof(hereinafter referred to as the "Property"); and WHEREAS, pursuant to the petition of the Owner, on , 2004 the Ocoee City Commission approved Ordinance No. 2004-17 rezoning the Property as "PUD" under the Ocoee Land Development Code (the "PUD Ordinance"); and WHEREAS, the provisions of Section 4-5A(5) of Article IV of the Ocoee Land Development Code requires that the Owner and the City enter into a development agreement incorporating all plans and conditions of approval by reference; and WHEREAS, the Owner and the City desire to execute this Agreement in order to fully comply with the provisions of the Ocoee Land Development Code. THIS INSTRUMENT PREPARED BY NOW, THEREFORE, in consideration of the premises and other good and valuable considerations exchanged between the parties hereto, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: Section 1. Recitals. The above recitals are true and correct and incorporated herein by this reference. All capitalized terms not otherwise defined herein shall be as defined or described in the Land Use Plan (as hereinafter defined), unless otherwise indicated. Section 2. Development of the Property. A. The Owner hereby agrees to develop the Property in accordance with that certain PUD Land Use Plan for Oak Trail Reserve PUD, prepared by Professional Design Associates, Inc., date stamped as received by the City on May 18, 2004 with such additional revisions thereto, if any, as may be reflected in the minutes of the City Commission of the City of Ocoee meeting approving the same (hereinafter referred to as the "Land Use Plan"). The Land Use Plan is hereby incorporated herein by reference as if fully set forth herein. B. The Owner hereby agrees that the Property shall be developed in accordance with and is made subject to those certain Conditions of Approval attached hereto as Exhibit "B" and by this reference made a part hereof(the "Conditions of Approval"). The Owner further agrees to comply with all of the terms and provisions of the Conditions of Approval. The Conditions of Approval attached hereto as Exhibit "B" are the same as the Conditions of Approval set forth in the Land Use Plan. C. Except as otherwise expressly set forth in this Agreement and the Land Use Plan it is agreed that (1) the Owner shall comply with the zoning and subdivision regulations of the City as set forth in the Ocoee Land Development Code, as it may from time to time be amended, and (2) all preliminary subdivision plans, final subdivision plans, preliminary site plans and final site plans for the Property or any portion thereof shall conform to the Ocoee Land Development Code requirements in effect at the time of approval of any such plans. In the event of any conflict between the provisions of the Ocoee Land Development Code, as it may from time to time be amended, and this Agreement, it is agreed that the provisions of this Agreement shall control. Section 3. Conveyances to the City. A. The Developer shall dedicate and convey to the City Tracts "G" and "P" (Clarcona-Ocoee Road/West Orange Trail Tracts), Tract "F" (Clarke Road Tract) and Tract "E" (Conveyance Tract") pursuant to the terms expressed in Section 4 of that certain Annexation Agreement between Owner and City, dated August 21, 2001 and recorded in Official Records Book 6332, Page 3000 of the Public Records of Orange County (the "Annexation Agreement."). • B. Notwithstanding the conveyance of any land to the City, until such time as the improvements contemplated for said land are commenced, the Developer shall be responsible for the maintenance of the land. THIS INSTRUMENT -2- PREPARED BY C. In the event the City constructs, or causes to be constructed, any portion of Tracts "G" or "P" (Clarcona-Ocoee Road/West Orange Trail Tracts) or Tract "F" (Clarke Road Tract) prior to the retention areas set forth on the Land Use Plan being constructed, the Developer agrees to grant to the City a temporary stormwater easement and temporary drainage easements as necessary over a mutually agreeable portion of the Property until such time as the Property is developed and permanent retention areas are constructed to handle the stormwater from the roads. Section 4. Notice. Any notice delivered with respect to this Agreement shall be in writing and be deemed to be delivered (whether or not actually received) when (1) hand delivered to the other party at the address appearing on the first page of this Agreement, or (ii) when deposited in the United States Mail, postage prepaid, certified mail, return receipt requested, addressed to the party at the address appearing on the first page of this Agreement, or such other person or address as the party shall have specified by written notice to the other party delivered in accordance herewith. Section 5. Supplemental to Annexation Agreement. This Agreement is supplemental to the Annexation Agreement and is not intended to repeal or modify any provision thereof. Section 6. Covenant Running with the Land. This Agreement shall run with the Property and inure to and be for the benefit of the parties hereto and their respective successors and assigns and any person, firm, corporation, or entity who may become the successor in interest to the Property or any portion thereof. Section 7. Recordation of Agreement. The parties hereto agree that an executed original of this Agreement shall be recorded by the City, at the Owner's expense, in the Public Records of Orange County, Florida. The City will, from time to time upon request of the Owner, execute and deliver letters affirming the status of this Agreement. Section 8. Applicable Law. This Agreement and the provisions contained herein shall be construed, controlled, and interpreted according to the laws of the State of Florida. Section 9. Time of the Essence. Time is hereby declared of the essence to the lawful performance of the duties and obligations contained in this Agreement. Section 10. Agreement; Amendment. This Agreement, along with the Land Use Plan, PUD Ordinance and the Annexation Agreement, constitutes the entire agreement between the parties, and supersedes all previous discussions, understandings and agreements, with respect to the subject matter hereof. Amendments to and waivers of the provisions of this Agreement shall be made by the parties only in writing by formal amendment. Section 11. Further Documentation. The parties agree that at any time following a request therefor by the other party, each shall execute and deliver to the other party such further documents and instruments, in form and substance reasonably necessary to confirm and/or effectuate the obligations of either party hereunder. THIS INSTRUMENT -3- PREPARED BY Section 12. Specific Performance. Both the City and the Owner shall have the right to enforce the terms and conditions of this Agreement by an action for specific performance. Section 13. Attorneys' Fees. In the event that either party finds it necessary to commence an action against the other party to enforce any provision of this Agreement or because of a breach by the other party of any terms hereof, the prevailing party shall be entitled to recover from the other party its reasonable attorneys' fees, legal assistants' fees and costs incurred in connection therewith, at both trial and appellate levels, including bankruptcy proceedings, without regard to whether any legal proceedings are commenced or whether or not such action is prosecuted to judgment. Section 14. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original but all of which together shall constitute one and the same instrument. Section 15. Captions. Captions of the Sections and Subsections of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction, or meaning of the provisions of this Agreement. Section 16. Severability. If any word, sentence, phrase, paragraph, provision, or portion of this Agreement is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion hereof so long as the purpose and intent of this Agreement can still be achieved. Section 17. Effective Date. The Effective Date of this Agreement shall be the day this Agreement is last executed by a party hereto and such date shall be inserted on Page 1 of this Agreement. THIS INSTRUMENT -4 PREPARED BY IN WITNESS WHEREOF, the Owner and the City have caused this instrument to be executed by their duly authorized elected officials, partners and/or officers as of the day and year first above written. Signed, sealed and delivered in the OWNER: presence of: CENTER LAKE PROPERTIES, LTD., a Florida limited partnership Print Name BY: PINELOCH MANAGEMENT CORPORATION, a Florida Corporation, its General Partner Print Name By: Name: Title: STATE OF FLORIDA COUNTY OF I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared , the of Pineloch Management Corporation, the corporate general partner of Center Lake Properties, Ltd., who [ ] is personally known to me or [ ] produced _ as identification, and that _ acknowledged executing the same on behalf of said limited partnership and corporation in the presence of two subscribing witnesses, freely and voluntarily, for the uses and purposes therein expressed. WITNESS my hand and official seal in the County and State last aforesaid this day of , 2004. 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): CITY: THIS INSTRUMENT -5- PREPARED BY Signed, sealed and delivered in the presence of: CITY OF OCOEE, FLORIDA By: S. Scott Vandergrift, Mayor Print Name: Attest: Name: Title: Print Name: (SEAL) APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING HELD ON , 2004 FOR USE AND RELIANCE ONLY BY UNDER AGENDA ITEM NO. THE CITY OF OCOEE, FLORIDA. Approved as to form and legality this day of , 2004. FOLEY & LARDNER LLP By: City Attorney THIS INSTRUMENT -6 PREPARED BY 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 , personally known to me to be the Mayor and , respectively, of the CITY OF OCOEE, FLORIDA and that they severally acknowledged executing the same in the presence of two subscribing witnesses, freely and voluntarily under authority duly vested in them by said municipality. WITNESS my hand and official seal in the County and State last aforesaid this day of , 2004. 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): THIS INSTRUMENT _7_ PREPARED BY EXHIBIT "A" THE PROPERTY OVERALL BOUNDARY DESCRIPTION That portion of Section 33, Township 21 South, Range 28 East, and that portion of Section 4, Township 22 South, Range 28 East, Orange County, Florida described as follows: Begin at the Southwest corner of the Southeast 1/4 of aforesaid Section 33; thence North OOE 05' 11" East along the West line of the Southeast 1/4 of Section 33 for 594.20 feet to a point lying 815.00 feet Southerly of the Northwest corner of the Southwest 1/4, of the Southeast 1/4 of Section 33, said point also being the Northwest corner of Parcel No. 2 described in Exhibit A, Official Record Book 5123, Page 120 of the Official Records of Orange County, Florida; thence North 67E 40' 37" East along the northerly boundary of said Parcel No. 2 for 32.46 feet to the East line of the West 30.00 feet of the Southwest 1/4 of the Southeast 1/4 of said Section 33; thence North OOE 05' 11" East along said East line for 787.49 feet to the South line of the North 15.00 feet of the Southwest 1/4 of the Southeast 1/4 of Section 33 and the Southerly right-of-way line of Trout Lake Road according to the plat of TROUT LAKE ROAD as recorded in Plat Book 3, Page 9 of the Public Records of Orange County, Florida; thence South 89E 39' 15" east along said South line and southerly rights-of-way line of Trout Lake Road for 1296.90 feet to the East line of the Southwest 1/4 of the Southeast 1/4 of Section 33; thence South OOE 10' 58" West along said East line for 182.76 feet to the Northerly boundary of the West Orange Trail formerly the CSX RAILROAD formerly the ATLANTIC COASTLINE RAILROAD; thence along the northerly boundary of the West Orange Trail as described in Parcel 125A, Official Records Book 4814, Page 3816 and Parcel 124 Official Record Book 5004, Page 3955 of the Public Records of Orange County, Florida the following courses: run Southwesterly along the arc of a circular curve concave Southeasterly having a radius of 1303.24 feet a chord bearing of South 33E 00' 22" West and a central angle of 23E 45' 14" for 540.30 feet to the Point of Tangency; thence South 21E 07' 45" West for 175.70 feet to a Point of Curvature with a circular curve concave northwesterly; thence Southwesterly along the arc of said curve having a radius of 2834.79 and a central angle of 09E 12' 52" for 455.90 feet; thence South 59E 39' 23" East along a radial line for 5.00 feet to a intersection with a circular curve concave northwesterly and being concentric with the previous described curve; thence Southwesterly along the arc of said curve having a radius of 2839.79 and a central angle of 04E 12' 08" for 208.28 feet to the Point of Tangency; thence South 34E 32' 45" West for 290.02 feet with a Point of Curvature of a circular curve concave Northwesterly having a radius of 1612.02 and a central angle of 25E 26' 33" for 715.83 feet to the West line of the Northeast 1/4 of aforesaid Section 4; thence departing aforesaid Northerly boundary of the West Orange Trail run North OlE 27' 08" East along said West line of 719.69 feet to the Point of Beginning. 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