Item III (E) Approval and Authorization for Mayor and City Clerk to Execute Development Agreement between Gotha Development, Inc. and the City of Ocoee for Ocoee Crossings OCT-29-99 15: 14 FROM:FOLEY & LARDNER ID:4076491743 Agen aT1a02-91/6
Item III E
FOLEY & LARDNER
MEMORANDUM
CUe T-MA77FR NUMBER
020377-0485
TO: The Honorable Mayor and City Commissioners of the City of Ocoee
FROM: Paul E. Rosenthal, Esq., City Attorney
DATE: October 29, 1999
RE: Ocoee Crossings Development Agreement
ISSUE:
Should the City Commission approve the Ocoee Crossings Development Agreement
with Gotha Development, Inc.?
DISCUSSION:
The Ocoee Crossings Project represents another joint effort between a private
developer, the City and the School Board to provide for future schools in Ocoee as well as for
public parks. At the request of the City, the Final Subdivision Plan for the Ocoee Crossings
Project incorporates infrastructure improvements needed for the Maguire Road Improvement
Project, the proposed School, and the proposed Park. The Preliminary Subdivision Plan
required that a Development Agreement be entered into in conjunction with the approval of the
Final Subdivision Plan. This has resulted in the proposed Development Agreement attached to
this memorandum.
The primary purpose of the Development Agreement is to acquire a stormwater
retention pond which is essential for the Maguire Road Improvement Project. The City staff
has worked with the Developer to provide for a pond design to accommodate stormwater
runoff from the Maguire Road Improvement Project. This pond is referred to as Parcel C in
the Development Agreement and the Final Subdivision Plan. The agreed upon design includes
a pond, a pipe connecting the pond to Maguire Road and au oversized outfall pipe. These
improvements are to be constructed by the developer with a partial reimbursement by the City
as set forth in Exhibit B to the Development Agreement. Absent this Agreement the City will
need to acquire(possibly by eminent domain) a pond site on either the Belmere Property or the
Ocoee Crossings Property and construct the pond, piping and related outfalls. By working
with the Developer, the land acquisition process has been simplified, the permits for Pond C
have been obtained by the Developer and the Developer has agreed to construct the
006.158873.1
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improvements in order to reduce potential conflicts between the Maguire Road Project and the
Ocoee Crossings Project.
The Final Subdivision Plan also calls for the Developer to make certain improvement
to Maguire Road which will tie in with the improvements being undertaken by the City. The
City will pay for the portion of these improvements which provide a direct benefit to the
Maguire Road Project beyond those improvements which would have otherwise been
undertaken by the Developer.
Finally, the Final Subdivision Plan calls for the developer to construct H Street which
will provide access from Maguire Road to both Ocoee Crossings and the proposed City Park.
The City will pay for the portion of H Street which is necessitated based upon City
requirements for pond maintenance and access to the park which would not otherwise be
required of the Developer.
The City Engineer has met with the Developer and reviewed bids which the Developer
has received for the proposed construction. Exhibit "B" to the Development Agreement lists
the specific improvements being required for the benefit of the City, the estimated total cost of
such improvements, and the agreed upon percentage of those costs which are allocated to the
City. The total reimbursement to be paid by the City to the Developer is capped at$262880.
It should be noted that there is no direct cost to the City for the acquisition of Pond C and
related drainage easements since this is being taken into account in conjunction with the land
swap between the School Board and the Developer for the Future School/Park Site. PEC has
reviewed the drainage calculations associated with for Pond C and concurred that 63% is the
appropriate percentage for the City. Pursuant to the Interlocal Agreement with the School
Board, this percentage includes drainage needed for the School Site, but will reduce the total
acreage needed for the school.
Additional highlights of the proposed Development Agreement are as follows:
(1) The land for Pond C and the right-of-way for H Street will be conveyed to the
City at no cost. The Final Subdivision Plan also requires the conveyance, at no
cost to the City, of Tract 0 for future expansion of Maguire Road.
(2) The City will receive 63% of the fill dirt from Pond C which will be available
for use in conjunction with the development of the Park Site.
(3) Pond C will be a joint use pond which will be owned and maintained by the
City at the City's expense. The pond will benefit the future school and park, H
Street, Maguire Road and a portion of the Ocoee Crossings Project.
(4) The Developer is obligated to construct the various improvements discussed
above, such improvements being referred to in the Development Agreement as
the "Listed Improvements". Upon completion of the Listed Improvements, the
conveyance of the pond and road right-of-way and the platting of the fust phase
of the Ocoee Crossings Project, the City will reimburse the Developer for the
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actual cost of constructing the Listed Improvements, not to exceed $262,880.
Binding will be available as part of the Maguire Road Project
(5) An August 1, 2000 deadline is established for completion of improvements
which are critical to the timing of the Maguire Road Project. A May 1, 2001
deadline is established for the remaining improvements which are as not dine
sensitive, but which are needed in order for the City to utilize the proposed park
and tie the Developer improvements into the Maguire Road Project. A
substantial penalty is established if the Developer fails to meet the deadlines.
(6) Gotha Development, Inc., the Developer, does not own the lands which are the
subject of the Development Agreement, but is a contract purchaser thereof. In
the event they do not acquire title to the lands by December 13, 1999, then the
City has the right to terminate the Development Agreement which would also
have the effect of rescinding approval of both the Preliminary Subdivision Plan
and the Final Subdivision Plan. This provides the City with the flexibility to
pursue an alternate pond location if the Developer does not acquire tide to the
property in a timely manner.
(7) The School Board is a third party beneficiary to the Development Agreement.
After the date that the Developer acquires title to the property, any amendment
to the Development Agreement would require the consent of the School Board.
The proposed Development Agreement has been reviewed by the City Manager, City Engineer
and Planning Director who recommend approval thereof. The cost estimates and allocations
between the City and the Developer have been reviewed and approved by the City Engineer in
consultation with Professional Engineering Consultants.
RECOMMENDATION:
It respectfully is recommended that the Mayor and City Commissioners approve the
Development Agreement between the City and Gotha Development, Inc. and authorize
execution thereof by the Mayor and City Clerk.
PER/jh
Enclosure
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006.158873.1
TIS INSTRUMENT PREPARED BY:
Paul E.Rosenthal,Esq.
FOLEYLARDNER '
111 North Orange Aveaae,Suite 1800
Post Office Box 2193 •
Orlmdo,FL 32802-2193
(407)423-7656
RETURN TO:
Jean Grafton,City Cleric
CITY OF OCOEE
150 N.Lakeshore Drive
Ocoee,FL 34761
(407)656-2322
For Recording Purposes Only
DEVELOPMENT AGREEMENT
(OCOEE CROSSINGS)
THIS DEVELOPMENT AGREEMENT ("this Agreement") is made and entered into
as of the _ day of November, 1999 ("the Effective Date") by and between GOTHA
DEVELOPMENT, INC., a Florida corporation, whose mailing address is c% BEAZER •
HOMES ORLANDO, 380 S. North Lake Boulevard, Suite 1012, Altamonte Springs, Florida
32701 (the "Developer") and the CITY OF OCOEE, a Florida municipal corporation, whose
mailing address is 150 North Lakeshore Drive, Ocoee, Florida 34761, Attention: City
Manager(the "City").
w�TNESSET
WHEREAs, the Developer is the contract purchaser (or the assignee of the contract
purchaser) of 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(the "Property"); and
WHEREAS, pursuant to the application of Florida Properties, Inc., on July 20,1999
the Ocoee City Commission approved the Preliminary Subdivision Plans for Ocoee Crossings
("PSP")subject to execution of this Development Agreement; and
WHEREAS, the Developer intends to develop on the Property a project to be known as
"Ocoee Crossings" (the "Ocoee Crossings Project"); and
WHEREAS, the City intends to make certain improvements to Maguire Road (the
"Maguire Road Project") which will benefit the Ocoee Crossings Project; and
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WHEREAS, the PSP includes certain improvements to be completed by the Developer
as part of the Ocoee Crossings Project which are also an integral part of the Maguire Road
Project; and
WHEREAS, the Developer and the City desire to execute this Agreement in order to
fully comply with the requirements of the PSP and facilitate the Maguire Road Project.
NOW, THEREFORE, in consideration of the premises and other good and valuable
considerations exchanged between the parties hereto, the receipt and sufficiency of which is
hereby acknowledged, the parties hereto agree as follows:
Section 1. Recitals. The above recitals are true and correct and incorporated
herein by this reference.
Section 2. Development of the Property. The City Commission of the City of
Ocoee at a meeting held on November 2, 1999 approved that certain Final Subdivision Plan for
Ocoee Crossings as prepared by June Engineering Consultants, Inc., date stamped as received
by the City on October , 1999 with such additional revisions thereto as may be reflected in
the minutes of said City Commission meeting(hereinafter referred to as the "FSP"). The FSP
is hereby incorporated herein by reference as if fully set forth herein. The Developer hereby
agrees to develop the Property in accordance with the FSP and all permits and approvals issued
by the City and other governmental entities with respect to the Ocoee Crossings Project.
Section 3. Constructlon of Pond C and H Street.
A. The Developer hereby agrees to construct t as part of the Phase 1
Construction of the Ocoee Crossings Project the retention pond shown on Tract C of the FSP
("Tract C") as Pond C ("Pond C") and the roadway shown as H Street on the FSP ("H
Street"), all in accordance with the FSP.
B. The Developer shall, at no cost or expense to the City, convey to the
City marketable fee simple title to Tract C upon the earlier of (i) the receipt of thirty (30)
days written notice from the City regarding such conveyance; or (ii) the completion of
construction of Pond C on Tract C and the platting of the Property, or any portion thereof.
Such conveyance shall be in accordance with the provisions of Section 3(D)below.
C. Contemporaneous with the platting of the Property, or any portion
thereof, H Street shall be dedicated as a public roadway; provided, however, that the City may
require that the Developer, at no cost or expense to the City, convey to the City marketable fee
simple title to H Street at an earlier date by delivering to Developer a written demand for such
conveyance. Upon receipt of any such demand the Developer shall convey H Street to the City
as aforesaid within thirty (30) days thereafter. In the event H Street is conveyed to the City,
then such conveyance shall be in accordance with the provisions of Section 3(D)below.
D. The conveyances referenced in Sections 3(B) and 3(C) above shall be by
special warranty deed free and clear of all liens and encumbrances. At the time of conveyance
real property taxes shall be prorated as of the day of the acceptance of the conveyance and the
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prorated amount shall be paid by Developer and shall be escrowed in accordance with the
provisions of Section 196.295, Florida Statutes; provided, however, if the conveyance occurs
between November 1 and December 31, then the Developer shall be responsible for the real
property taxes for the entire year. At least seven (7) days prior to any such conveyance, the
Developer, at its sole cost and expense, shall provide to the City an acceptable title insurance
commitment with respect to the lands being conveyed and following conveyance thereof, a title
policy in favor of the City which is consistent with the title insurance commitment. The title
insurance with respect to Tract C shall be in the amount of$116,166.00 and the title insurance
with respect to H Street shall be in the amount of$63,697.00.
E. If Tract C and/or H Street are conveyed to the City prior to platting, then
the Developer shall, at Developer's sole cost and expense, provide the City with a survey of
the lands being conveyed to the City, such survey to be certified to the City and to be in
accordance with the minimum technical standards for surveys in the State of Florida. If Tract
C and/or H Street are conveyed to the City prior to completion of the improvements thereon in
accordance with the FSP, any such conveyance shall not relieve the Developer of its obligation
to complete Pond C and H Street in accordance with the FSP.
F. No portion of the Property shall be platted until such time as the
Developer has (1) conveyed Tract C to the City and conveyed or dedicated H Street, all as set
forth in this Agreement, and (2) completed construction of Pond C and H Street in accordance
with the FSP and obtained a Certificate of Completion from the City in connection therewith.
G. As part of the construction of Pond Con Tract C, it is agreed that sixty-
three percent(63%)of the fill dirt removed from Tract C shall be for the benefit and use of the
City and shall be placed by the Developer at a location within the "Future School/Park Site"
(as shown on the FSP) to be identified by the City. Except as expressly set forth herein, the
excavation of the fill dirt from Tract C and its placement on the Future School/Park Site shall
be at the sole cost and expense of the Developer.
Section 4. Pond C as Joint Use Pond.
A. It is expressly agreed that Pond C is intended to be a joint use retention
pond for the benefit of the Developer, the City and The School Board of Orange County,
Florida(the "School Board") and that Pond C has been designed and sized for development of
a school and park on the Future School/Park Site, for H Street, for the contributing portion of
the Maguire Road Project, and for the contributing portion of the Ocoee Crossings Project.
The Developer and the Ocoee Crossings Project shall be entitled to utilize Pond C only to the
extent expressly provided for in the FSP. All of the stormwater capacity within Pond C and
any future stormwater capacity which may be created shall be within the exclusive control of
the City except to the extent such capacity is allocated to the Ocoee Crossings Project in the
FSP.
B. Upon completion of Pond C and acceptance thereof by the City, the City
will become the maintenance entity with respect to Pond C and shall be responsible for
maintaining Pond C, at its sole cost and expense, in accordance with all applicable permits now
or hereafter issued by St. Johns River Water Management District ("SJRWMD"); provided,
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however, that to the extent any applications to SJRWMD for. .future permits or permit
modifications with respect to Pond C impact the obligations of the maintenance entity for Pond
C, it is agreed that any such applications shall be subject to the prior review and approval of
the City and that the City shall not be obligated to agree to,any conditions which increase the
maintenance costs associated with Pond Cor adversely affect the use of Pond C by the City or
the School Board. .
C. The Developer acknowledges that the City intends to and has the right to
grant to the School Board a non-exclusive easement for the use of Pond C in connection with
the development of a proposed school on the Future School/Park Site.
D. Except as expressly set forth herein, it is agreed that upon conveyance of
Tract C to the City that the Developer shall not retain any interest in or rights with respect to
Tract C and Pond C.
Section S. Payment by City.
A. Attached hereto as Exhibit "LB" is a list of certain improvements to be
undertaken by the Developer in accordance with the FSP (the "Listed Improvements") as part
of the Phase 1 Construction of the Ocoee Crossings Project. Exhibit "B" also includes the
estimated cost of completing the Listed Improvements and the estimated amount thereof to be
reimbursed by the City to the Developer (the "Reimbursement Amount"). Based on current
bids received by the Developer it is estimated that the Reimbursement Amount will be TWO
HUNDRED SIXTY-TWO THOUSAND EIGHT HUNDRED EIGHTY AND NO/100
DOLLARS ($262,880.00). The Reimbursement Amount reflects the value of the benefit to be
received by the City for each of the improvements included within the Listed Improvements.
Subject to the terms, conditions and limitations set forth below, the City hereby agrees to
reimburse the Developer for the City's percentage, as shown on Ethibit "B", of the actual
cost incurred by the Developer in completing the Listed Improvements; provided, however,
that such reimbursement shall not exceed $262,880.00 notwithstanding the actual costs
incurred by Developer.
B. Upon completion of the Listed Improvements the Developer shall submit
to the City documentation acceptable to the City showing (i) the actual costs incurred by
Developer for the completion of said improvements and (ii) that said improvements have been
fully paid for by the Developer. Upon receipt thereof, the City Engineer will determine the
actual Reimbursement Amount based on actual expenses incurred by the Developer. The City
Engineer may request additional information if needed to determine the actual Reimbursement
Amount. If the Developer disagrees with the City Engineer's determination of the
Reimbursement Amount, then the determination of the City Engineer may be appealed to the
City's Development Review Committee whose decision shall be final and binding on the City
and the Developer;provided, however, that any such appeal must be filed within ten (10) days
from the Developer's receipt of the City Engineer's determination of the actual Reimbursement
Amount.
C. The City shall pay to the Developer the actual Reimbursement Amount
as determined in accordance with Section 5(B) above within forty-five (45) days from the date
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that(1)the actual Reimbursement Amount is determined as provided in Section 5(B) above, (2)
the.Property or any portion thereof is .platted, (3) Tract C and Street H are.conveyed or
dedicated to the City as provided for herein, (4) the Listed Improvements are substantially
completed in accordance with the FSP and accepted by the City, and (5) all public
improvements within the Phase 1 Construction for the Ocoee Crossings Project are completed
in accordance with the FSP and accepted by the City.
D. Except as set forth above, the Developer shall not be entitled to receive
from the City or the School Board any compensation, whether in the form of cash, impact fee
credits or otherwise, for the performance of its obligations under this Agreement.
Section 6. Deadline for Completion of Listed Imarovements.
A. The parties hereto acknowledge that (i) the schedule for completion of
the Maguire Road Project will be adversely affected unless Item #2 (Pond C) and Item#5 (H
Street Pipe to Maguire Road) of the Listed Improvements (collectively, the "Critical hems")
are substantially completed by Developer and accepted by City by August 1, 2000, and (i) the
schedule for development of the Future School/Park Site will be adversely affected unless Item
#1 (Maguire Road Improvements), Item#3 (Pond C Outfall Pipe) and Item#4(H Street)of the
Listed Improvements (collectively, the "Secondary Items") are substantially completed by the
Developer and accepted by the City by May 1, 2001.
B. If the Developer has not substantially completed construction of the
Critical Items by August I, 2000, then the City may, at its option, elect to complete such
improvements in accordance with the FSP. In the event the City thereafter elects to complete
construction of the Critical hems, then in such event: (1)the Developer shall be responsible for
the reimbursement to the City of all costs and expenses, including attorneys' fees and costs,
incurred by the City in completing construction of the Critical Items, and no further building
permits or certificates of occupancy will be issued with respect to the Property until such
reimbursement has been made in full, (2) the City shall be automatically released from its
obligation to make payment of the Reimbursement Amount to the Developer with respect to the
Critical Items, and (3) the Developer will bear the financial burden of constructing the Critical
Items without any financial contribution by the City or the School Board.
C. If the Developer has not substantially completed construction of the
Secondary Items by May 1, 2001, then the City may, at its option, elect to complete such
improvements in accordance with the FSP. In the event the City thereafter elects to complete
construction of the Secondary hems, then in such event: (1)the Developer shall be responsible
for the reimbursement to the City of all costs and expenses, including attorneys' fees and costs,
incurred by the City in completing construction of the Secondary Items, and no further
building permits or certificates of occupancy will be issued with respect to the Property until
such reimbursement has been made in full, (2) the City shall be automatically released from its
obligation to make payment of the Reimbursement Amount to the Developer with respect to the
Secondary Items, and (3) the Developer will bear the financial burden of constructing the
Secondary Items without any financial contribution by the City or the School Board.
Section 7. Termination of Agreement by City.
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A. The parties acknowledge that the Developer is not in a position to
commence Construction of the Listed Improvements until such time as the Developer closes on
the acquisition of the Property, which closing is anticipated to occur on or before November
15, 1999. In the event the Developer does not promptly close on the Property it may become
necessary for the City to independently acquire a portion of the Property as needed for the
Maguire Road Project and it would be necessary for the City to revisit the FSP in light of such
changed circumstances. Accordingly, if the Developer has not acquired tide to the Property
and provided the City acceptable title evidence thereof by December 13, 1999, then the City
may, at its option, elect to terminate this Agreement by written notice to Developer at any time
thereafter, but prior to the date on which Developer acquires title to the Property. For the
purposes hereof, acceptable title evidence shall be a copy of the deed of conveyance to the
Developer and either (1) an attorney's title opinion certified to the City of Ocoee, or(2)a copy
of an owner's title insurance policy showing title to the Property vested in the Developer, such
title showing that the Property is encumbered by this Agreement.
B. In the event this Agreement is terminated by the City pursuant to this
Section, then such termination shall also have the effect of automatically terminating and
rescinding the City Commission approval of both the PSP and FSP.
Section$. Third Party Beneficiary. It is agreed that (a) the School Board is a
third party beneficiary to this Agreement, and (b) after the date on which the Developer
acquires title to all of the Property, this Agreement may not thereafter be amended or modified
without the written consent of the School Board.
Section 9. 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 10. Covenant %Janine with the Land. At such time as the Developer
acquires title to the Property, this Agreement shall thereafter run with the land and inure to and
be for the benefit and burden 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. Prior to the date that the Developer acquires title to the
Property, this Agreement shall not be construed to in any way affect or encumber the
Property or the title thereto notwithstanding its recording in the Public Records.
Section 11. Recordation of Aireement. The parties hereto agree that an executed
original of this Agreement shall be recorded by the City, at the Developer's expense, in the
Public Records of Orange County, Florida. The City will, from time to time upon request of
the Developer, execute and deliver letters affirming the status of this Agreement.
Section 12. Applicable Law. This Agreement and the provisions contained herein
shall be construed, controlled,and interpreted according to the laws of the State of Florida.
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Section 13. 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 14. Agreement: Amendment. This Agreement constitutes the entire
agreement between the parties, and, except for that certain Annexation Agreement recorded in
Official Records Book 4513, Page 1899, Public Records of Orange County, Florida,
supersedes all previous discussions, understandings and agreements, with respect to the subject
matter hereof, including but not limited, any such agreements or conditions set forth in the PSP
with respect to the subject matter of this Agreement. Amendments to and waivers of the
provisions of this Agreement shall be made by the parties only in writing by formal
amendment.
Sion 15. Further Documentation. The parties agree that at any time following a
request therefor by the other party, each shall execute and deliver to the other party such
further documents and instruments, in form and substance reasonably necessary to confirm
and/or effectuate the obligations of either party hereunder.
Section 16., Specific Performance. Both the City and the Developer shall have the
right to enforce the terms and conditions of this Agreement by an action for specific
performance.
Section 17. Attorneys' Fees. b 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 18. 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 19= 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 20. Severability. If any sentence, phrase, paragraph, provision, or portion
of this Agreement is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and
such holding shall not affect the validity of the remaining portion hereof.
Section 21. Effective Date. This Agreement shall first be executed by the
Developer. The Effective Date of this Agreement shall be the date of execution by the City
which date will be inserted on Page 1 of this Agreement.
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[SIGNATURE PAGES FOLLOW)
006.153667.2
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IN WITNESS WHEREOF, the Developer and the City have caused this instrument to
be executed by their duly authorized officers as of the day and year first above written.
DEVELOPER
Signed, sealed and delivered in the GOTHA DEVELOPMENT,INC.,
presence of: a Florida corporation
By:
Prim Name: Name:
Tide:
Print Name: (CORPORATE SEAL)
•
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 acknowledgements, personally appeared
as of GOTHA DEVELOPMENT,
INC., a Florida corporation, and who Li is personally known to me or [ J produced
as identification, and that he/she acknowledged executing the
same on behalf of said 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 , 1999.
Signature of Notary
Name of Notary(typed,Printed or Sawed)
Commission Number(if no t legible on seal):
My Commission Expires(if no t lsgble on seal):
006.153667.2
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IN WITNESS WHEREOF, the Developer and the City have caused this instrument to
be executed by their duly authorized officers as of the day and year first above written.
Signed, sealed and delivered in the
Presence of: CITY OF OCOEE,Florida
Print Name: BY:
S. Scott Vandergrift,Mayor
Print Nance: Attest
Namell'jtle:
(SEAL)
FOR USE AND RELIANCE ONLY BY THE APPROVED BY THE OCOEE CITY
CITY OF OCOEE,FLORIDA. Approved as to COMMISSION AT A MEETING HELD ON
form and legality this day of November, NOVEMBER ,1999 UNDER AGENDA
1999. ITEM NO.
FOLEY&LARDNER •
BY:
City Attorney
STATE OF FLORIDA
COUNTY OF ORANGE
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and
County aforesaid to take acknowledgments,personally appeared S.SCOTT VANDERGRIFT and
persona),known to me to be the Mayor and
City Clerk, respectively, of the CITY OF OCOEE,FLORIDA and that they severally acknowledged
executing the same in the presence of two subscribing witnesses, freely and voluntarily under authority
duly vested in them by said municipality.
WITNESS my hand and official seal in the County and State last aforesaid this day of
November, 1999.
Signature of Notary
Name of Notary C yp,lid or
Commission Number(if not legible on seal):
My Commission Expires(if m r legible on seal):
006.153667.2
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a6L/IL 30Vd E64I869L06'0I 213N021V1 8 A3703'140213 86'E L 66-6Z-13O
ui:i-29-99 11 =SO FROM.FOLEY 8. LARDNER ID-4076481743 PAGE 2/3
Exhibit "A"
WRLOPEW
LAID OESCRIPAONt
•
•
(PARCEL 1A)
THE IibiNviEST ME-QUARTO (NW 1/4 OF THE NORTH E:ST ONE-OUARTER
NIM 1/4)CF SECRON S. TOL/NSW 23 mem. RANGE 26 EAST. LESS AND CXG£PT
• U. OF THAT PORTION ON THE SOUTNEAST SIOE OF TNE SEABOARD COASTLINE
(FORMERLY A.C.L.) RAILROAD NIGIT OF WAY MORE PARTIAJLARLY DEED
AS FOLLOWS: BEGNNINQ AT.THE SOUTHEAST CORNER OF THE NORT$wptT
ENL-QUARTER (NW 1/4) OF THE NORTHWEST ONE-OUARTdt (NW 1/4) OF SAO
sEC110N S. THEM NORTH ALONG THE FORTY(40) ACRE UNE 311 FEJT TO THE
fNTERSECTION 14TH 711E SAID NORTHWEST UP4E OF THE RAILROAD RIGHT OF
WAY, TWINGE 'SOUINWSTERLY ALONG SAID RICHT OF WAY S83 FEET TO THE
INTEMcliON NTH THE SOUTH UNE OF THE NORTHWEST ONE-QUARTER (NMI
1/4) Cr 'ARE NORTHWEST ONE-QUARTER (NW,/4) OF SAS SECIHON S. 1NFNCE
EAST ALONG THE FORT1c (40) ACRE CNE 4114 Fi T TO TME POINT OF UECINNw0.
AND-LESS AND EXCEPT: BEGNNiNG 320 FEET EAST OF THE SOUTHWEST
CORNER OF THE NORTHWEST ONE--CUARTER (NW 1/4) OF THE NORTHWEST 004E-
QUARTER (NE 1/4) CF SECTION S. TOWNS HP 23 SOUTH. RANCE 2$ EAST. RUN
WEST X20 FEET. NORTH 155.3 FEET. EAST 240 FEET. SOUTMEASTERIY TO
. enliNING.AND LESS ANO EXCEPT BEGNNNG AT A PONT ON THE NORTH LINE
1r TIE 4BOWE Once= EXCEPTION. SAID PONT SESHG 220 FEET EAST OF THE
•WEST UNE CF SECTION s` RUN WREST WITH NORTH LINE OF TRACT HERETOFORE
COMET= 228 FEET. NORTH 300 FEET. EAST 110 FEET, EAST OF SOUTH IN A
STRMONT UNE TO A POINT OF BEGINNING. ALSO LESS R/W FOR STATE ROAD
NO. 439.
ALSO
(PAR= on
MANNNO AT.A PONT 334 FEET SOUTH OF THE NORTHEAST CORNER OF THE
Nw
1/N DE SECTKWI S. SOON.23 SON.RANGE 20 EAST AS THE POINOr THE NORTMEST oNE-CluARTERT OF
EIECROFNOI FROM SAID POINT OF RIMING RUN EAST 337 FEET TO A CORNER
• IR TIE LAID. THENCE RUN SOUTH 314 FEET TO A CORNER IN TME LANA. HENCE
RUN WEST 337 FEET. THENCE RUN NORTH 310 FEET. MO#E OR LESS. to THE
POINT OF;SEGNIMNO. TOCETHOR IAN THAT CERTAIN PARCEL ACQUIRED FROM
SEABOARD SYSTEM R.R.. INC.. FORMERLY SEAN AIRD COASTLINE R.R. CXR.. .
FORMERLY ATLANTIC COASTLINE RAILROAD (ACL). CONST IUTW1G A EMT► (!ID) •
roof WIDE STRIP OF LAND EXTENDING OYAER AND ACROSS TME NORTH T
ONE-QUARTET! (NW 1/4) OF THE NORTHWEST CNE.-CUARTER (Nw 1/4) OF
SECTIONS, TOMMIIIP 23 SOM. RANGE 2a E:AST ORANGE COUNTY. FLORIDA.
IMMURING CUM ACRES. MORE OR LESS THE FOREGOING SENO A PART OF THE
S AE PREMISES ACQUIRED BY SEABOARD SWELL RAILROAD. INC.. BY DECD
•DATED•AUGUST 29. 1087. RECORDED .M.Y 2. 1900. IN mom.. RECORDS BOOK
1104 PACE 211. PUBLIC RECORDS•OF ORANGE COUNTY. FLORIDA.
TOGE11ER FAN (nom
��2)
lie EAST THE
• 1 TT ON-QUARTER 1/4)TAND THE RT STT ONE-HALF(SW I/2 OF THE
WEST oNE SOUTHWEST ONE-QUAALF (w RTER (SW 1THE /4)) OF SECUTHEAST TION 32. TOTI-OUARTERNSH+1P/22 SOUTH.
RANCH 20 EAST. ORANGE COUNTY. FLORIDA LESS THE SOUTH 131.92 FEET OFoe van eig-SiALW (w 1/2
OIC-QUAER 1/4) CF T
RT4
HE SOUIHMEST ONE-QUARor THE REST ONE-NALFRTER (SW 1/4)
OF SECRow
• 32: TONN99P 22 SOUTH. RANOE 28 EAST. ALSO LESS INC NORTH 15 FEET
tTOGEWER WITH (PARCEL 3)
THE EAST ONE-HALF CE 1/2) OF THE =WRIEST CNE-QUARTER(SW 1/q OF AHE
=NEAP ONE-WARIER (sE 1/4) OF NE SWTHWEST H]NE-QUARTER (SW 1/4)
OF SECTION 32. TOMTISMIP 22 SOUTH. RANGE 28 EAST. ORANGE COUNTY.
?LIAM
TOGETHER NTH (PARCEL 4)
commENCS AT TILE NORTHEAST CORNER OF THE NORTHWEST ONE-QUARTER
(NW T/4) OF AE NORTHWEST ONE-QUARTER (NW 1/4) OF *COON S. TOWNSHIP
23 SCUTA. RANGE 26 EAST. AND RUN NORTH Be OECREEs. 42 MINUTES. 17
SECONDS EAST 337 FEET TO THE POINT OF UECINMNG THENCE CONTINUE
NORTH EIS OEglEES. 42 MIMUTES. 17 SECONDS EAST 9.3.90 FEET TO A 9718
CONCRETE MONUMENT; THENCE CONTINUE NORTH 119 DEGREES. 46 MINUTES.
7 MOMS EAST 204.93 FEET TO A PONT; THENCE RUN SOUTH 36 DEOJREES. 01
MINNTES. 14 SECONDS WEST 331.113 FEET TO A Alta CONCRETE MONUMENT:
THENCE RUN NORTH 00 OCONEES, 34 MNUtE S. 17 SECONDS WEST 71.61 FEET
TO A 434 COMM MONUMENT; TICI4CE RUN SOUTH 39 DEGREES. 01 MINUTES.
14•SR ODS HEST 1.182.06 FEET TO A 454 CONCRE:IE MOIHWFIHT: THENCE RUN -
NORTN 01 NN S. 39*MUTES. OB SECONDS WEST 788.80 FEET 10 THE PONT
• CF ALL E N1I944G SING N SECTION S TOrNSNIP 23 501114. RAS
OCT-29-99 11 .51 FROM.FOLEY & LARDNER ID:4076491743 PAGE 3/3
Exhibit "A"
(Page 2 of 2)
TOGETHER TAW (PARCEL 5) .
THE HEST"O E-HAAF (w 1/2) OF FEE SO A1N T 01E-O�IAR__ 7E (SW 1/SMIP 22 �OF
THE E 21) ESTEAS . O (SW 1/4) *. LESS T E SECTION XT. �%WEET 40 FET FOR
RANGE � EAST. ORANGE COUNTY.
%OTS OF THE MIME 00101111E0 PAN .S ANE MOVE PARTICULARLY
•A PGR11ON OF THE Sb1U1M1EST.1/4 or SECTION 32. T01M19 P 22 SOUTH.
9NKIE al E-f. AND A MEOW OF HIE NORM //2 OF =1IGN 5Towel. 23
•.STK RASE!VW. ORANGE CORY.RAMA. FDNB MORE
-•PARTICULARLY SUMO AS rou.ostlt.
COMRQICE AT THE SCIIi1HWEST COMER OF THE SOUH HEST 1/4 OF sC110N
32. TOM IP 22 SOUTH. RNVX 25 EAST. TSDICE Ne9.4217-E ALONG THE
MTI LK OF DIE SO11111EST 1/4 OF SAD SECTION 32. A DISTANCE CF 37.05
FEET 10 A POINT 01 THE ARC OF NON-TAPIGENY CURvE (RACIAL UNE
THROWN SAID PONT SEARS 110RTW AeMQs'Qr EASTJC TTETTCE N07PE11LY •
ALONG 111E ARC of SAID NON-TANGENT o.*(. SIM COIOAAE TD The EAST.
HAw40 A RADIUS OF 5716.75 Met A CI74r1AL ANCLE OF 01.15'45•. AN ARC
DISTANCE Cr 130-4$ FEET: 11104CE NORTH 0041212' i1EST. 1200.02 FEET (THE
LAST TMC (2),COURSES OESCHISEQ SEMIG COINCIDENT mT+ T+E EAST m 4T-
OF-WAY OF IMGUIRE ROAD) THENCE NORTH 65.60 t0 EAsT ALONG THE NOM
u E OF THE SOUTH ONE-HALF (S 1/2) OF TIE SON•THwEST ONE-QUARTER (sit .
1/4) OF SAID RECTION 32. A DISTANCE OF 522.72 FF!t THENCE SOUTH 00.15'3.
EAST. ALONG THE WEST LINE OF THE EAST 1/2 CF THE SOUTHWEST 1/4 OF 111E
SOUTHWEST 1/4 OF SAID SECTION 32. A DISTANCE OF 15.00 FUT;ILIARALLEL NTH AC NG C
too•seLN F THE SOUTH 1/2 Or 1H5 SOUII4MEST AND OF SAID SECTION 32. A
DISTANCE OF 990.7$ MTV new S00i11E1rE•ALONG THE EAST LK OF THE
WEST a OF THE TEST 1/2.CF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF
SAID 32. A DISTANCE OF 1150.34 FEET: THENCE Se9.4211'W, 330.20 �--
FEET; THENCE so0.1e'201. 131.02 F�EE��T► THENCE 201M3912$'E. 354.00 FEET:
THEME N 7E. 337.00 FEET: THENCE HOia$OVW. 351.00 FEET:
N5s,4riTE MONO THE SOUTH UNE 13r THE 901i1N1ME'3T 1/4 OF SAID SECTION
3Z. A DISTANCE OF 95150 FEET TWICE N5$u4$'O?E. ALONG THE NORTH LINE OF
THE NORTHEAST 1/4 OF SAID SECTION 5. A DISTANCE OF 254.53•FEET 10 A POINT
ON THE NORTHWESTERLY RIGHT OF WAY LINE CF GOT'HA ROAD: THENCE
S55401'14"14. ALONG SAID NORTHWESTERLY RIGHT'OF WAY UNE. A DISTANCE OF .
,35193 FET: ARM NOO.$4'17'WL ALONG THE TEST LINE OF THE NORTHEAST
1/4 OF SAD SECTION 5. A DISTANCE OF 71.50 FEE'11 THENCE 'SJ6401'14'W ALONG
THE NORIHVCS!ERLY MOW OF WAY LINE OF 'THE ATLANTIC COASTLINE .
*AN.ROA&. A DISTANCE CF 11112.01 MET: 'MINCE NO1.35'0$'w. 5.411 FEET:
THENCE seesalfw. 337.00 FEET. THENCE SG1.3Sbe'E. 390.e0 F THENCE
so04e1'14"W. ALONG THE NORTHWESTERLY RIGHT OF WAY LANE OF ODTHA
ROAD. A DISTANCE OF 436.1$ FEET. THENCE S5$ 5635'w ALONG THE•SOUTH LINE
OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SATO SECTION 5. A
DISTANCE or 51293 FEET: THENCE N21.06'54W 177.72 FEET: THENCE So2•55.32'w
14.00 FEET: INDICE NN2340S'22'W 4t23$ FEET.` T0C.E SS2.5S 3$+M 43.5$ FEET:
THENCE 8402•23'01.1‘ SS31S FEET•TO 11E PONT CF CURVATURE OF A CLAIM
CONCAVE TO THE EAST: THENCE NORINEIII.T ALCM SAID CURVE. HAVING A
RADIANT OF 571S.75 FET. a CDITRAL ANGLE OF 00.5for. POR AN ARC LENGTH
84.9, FEET TO THE ON CDS JIT MTh T THE EMMY RlpfT-OF'-WAY OF (2)OF RECEN/emo Ma LAST TWO COURSES
MAMIE ROA*
TOGETHER WAR .
COMMENCE AT THE SOUTHWEST tarot OF THE SOUTHWEST
OUTH ES2'17 E ALGNG THE
4 OF SECTIole .
32. TOWNS NP 22 901NTM, RAN CF 11 �SECTION 32. A DISTANCE SOF 1151.00
SOUTH LME OF THE SQUAREST 1/4ALONG
•so TO C T OF
1 9DII1Hv 17Me7E NTH44�T AST11/4 O
THE SOUNE UTNIMEST1/4 OF SAD SECTION 32. A AISTANCE OF 330.20 FEET: THENCE
NOO.1S03W ALONG THE EAST UNE OF THE EAST 1/2 OF THE SOUTHWEST_1/4 OF
THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 Cr SAID SECTION 32 DISTANCE .
OF 1113.25 FELT: THENCE 55.46'14'9 ALONG IHC NORTH NSE OF 11.4 EAST 1/2
OF THE souTW1EST 1/4 OF THE SOUTHEAST 1/4 OF THE IOI1MMEST 1/4 OF SAID
3000111"13.1 WNW THE viEST
UK SECTION THE EAST 1 or THE SOUTHWEST tr 330.23 FEET: /4 OF THE sou HEAST 1/4 OF THE
SOUTHWEST 1/4 OF SAID SECTION 32. A DISTANCE OF 5535.1 FUT TOITNE POINT
OF BEDMIINlNG. `• 1
001100111118104* 101.356 ACRES. NOftE OR LESS l .
OCT-29-99 15:31 FROMFOLEY 8 LARDNER ID:4076491743 PAGE 2/2
EXHIBIT "B"
Cost Share for Pond "C", "H" Street, and Maguire Road
Item per Subdivsion Plans Cost Estimate City's Total
Percentage to City
1 Maguire Road 9145,986 20% 929,197
2 Pond"C" 3184,390 63% $118,166 •
3 Pond"C"outfall $70,002 33% $23,101
4 'H"Street 984,929 75% $83,897
5 "H"Street pipe to Maguire $30.520 100% $30,520
Total $262,680
1 Maguire Road
Total Road Length-1960 ft.
Park Entrance Portion-784 ft
City ResponsibIty-50%of Park Entrance(50%of 784'11960')=20%
2 Pond"C"
63%(Based on Ocoee Crossing Basin Contributing 18.48 acres)
3 Pond"C"outfall
33%(Oversizing Percentage)
4 "H"Street
Total Road Length- ft.
Park Entrance Portion-900 ft
City Responsibility-900ft/1,2001t 76%
5 "H"Sleet pipe to Maguire
City pipe to Maguire Road for outfall