Item 03 Approval of First Amendment to Development Agreement for Ciara Place at Lake Meadow ocoee
Il orlda
AGENDA ITEM COVER SHEET
Meeting Date June 16, 2020
Item # 3
Reviewed By
Contact Name. Mike Rumer Department Director:
Contact Number' Ext 1018 City Manager:
Subject: Ciara Place at Lake Meadow
First Amendment to Development Agreement Commission
District#4—George Oliver Ill
BACKGROUND SUMMARY:
The Ciara Place at Lake Meadow subdivision received City Commission approval on May 15, 2018. The
proposed development is located in the existing Prairie Lake PUD Track"G'. Specifically,the property is located
on the southwest corner of Hackney Prairie Road and Clarke Road and is approximately 21 13 acres in size
The Ciara Place at Lake Meadow project will be developed as a private, gated townhome community with fee
simple ownership of the units. The Preliminary Subdivision Plan proposes a total of 88 townhome units on
approximately 21 13 acres Consistent with City policy, the wetlands (Tract"E") approximately 6.39 acres will not
be developed and will ultimately be dedicated to the City. The proposed amenity package consists of a swimming
pool, pool cabana, tot-lot and off-street visitor's parking The townhome lots will be approximately 24.5-feet wide
by 100 feet in depth The townhome units have been designed to allow two cars to park in the driveway and two
cars to park in the garage The rest of the required parking spaces will be provided within off-street parking bays.
Previous to the approval of Ciara Place,the City approved a project called Lexington Park in 2011 The Lexington
Park at Ocoee was a proposed Assisted Living Facility that includes a Memory Care component The total project
is proposed to be developed in two phases Phase I will consist of a single-story 54,000 square feet Assisted
Living (Memory Care) Facility and Phase II will consist of a future multi-story Assisted Living Facility. A
Development Agreement was approved with the plan that required easements and improvements to facilitate the
Assisted Living Facility and Memory Care development
The First Amendment to the Development Agreement modifies the requirements of the Development Agreement
to facilitates the development of the townhome subdivision. The three changes with the most impact:
1. Removal of internal easements for cross access A private road will be constructed in lieu of a drive aisle
in the Lexington Park Subdivision
2 The required improvements to Clarke Road are modified Also, a provision for the City to request payment
in lieu of construction in case the City is able to widen Clarke Road under a separate agreement with the
developer of Arden Park
3. Makes a commitment to the amenity center pool and cabana that is proposed
ISSUE:
Should the Honorable Mayor and City Commissioners approve the First Amendment to Development Agreement
for Clara Place at Lake Meadow's
RECOMMENDATION:
Staff recommends the Honorable Mayor and City Commission approve the First Amendment to Development
Agreement for Ciara Place at Lake Meadow
ATTACHMENTS:
First Amendment to Development Agreement,
Original Development Agreement
FINANCIAL IMPACT:
No financial impacts as a result of this development agreement
TYPE OF ITEM: (please mark with an "x")
Public Heanng For Clerk's Dept Use'
Ordinance First Reading(5/01/2018) Consent Agenda
Ordinance Second Reading(5/15/2018) Public Hearing
Resolution _ Regular Agenda
X Commission Approval
Discussion&Direction
Original Document/Contract Attached for Execution by City Clerk
Original Document/Contract Held by Department for Execution
Reviewed by City Attorney N/A
Reviewed by Finance Dept N/A
Reviewed by () N/A
Prepared by:
Dana Crosby Collier, Esq.
Shuffield, Lowman& Wilson, P.A.
1000 Legion Place #1700
Orlando, Florida 32801
RETURN TO:
City Clerk, City of Ocoee
150 N. Lakeshore Drive
Ocoee, Florida 34761
FIRST AMENDMENT TO DEVELOPMENT
AND EASEMENT AGREEMENT
(Ciara Place at Lake Meadow f/k/a Lexington Park)
This First Amendment to Development and Easement Agreement (the "First
Amendment") is made as of the of , 2020 by and between
THE CITY OF OCOEE, a municipality of the State of Florida (the "City"), PRJ, LLC,
a Florida limited liability company ("Owner" or"Developer").
WHEREAS, The City and Owner previously entered into that certain
Development and Easement Agreement (Lexington Park) (the "Agreement") dated June
19, 2012, and recorded on June 25, 2012, at document 20120334288, official records of
Orange County, Florid, which provides for the development of certain improvements on
the Property owned by the Owner as more particularly described in the Agreement to be
known as Phase 1 of Lexington Park at Ocoee; and
WHEREAS, the Agreement further provided for the creation of certain
easements across portions of the Property; and
WHEREAS, the Owner has now decided to construct 88 townhomes on the
Property to be known as Ciara Place such that the easements created by the Agreement
would interfere with such development and are no longer needed by the City and the
development requirements for the Lexington Park are no longer applicable; and
WHEREAS, the City has agreed to the request of the Owner to abandon and
terminate certain of the easements in the Agreement as a result of the change in the
character of the development provided that the development of the Property is made
subject to the conditions applicable to Ciara Place in the manner hereinafter appearing.
NOW, THEREFORE, in consideration of the premises, the payment of TEN
AND 00/100 DOLLARS ($10.00), and other good and valuable consideration, the
receipt and sufficiency of which are hereby acknowledged, the parties do hereby agree as
follows:
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1. Recitals. The foregoing recitals are hereby acknowledged to be true and correct
and are incorporated herein by reference.
?. Amendment to Section 3 of the Agreement — Development of the Property.
Section 3 of the Agreement is hereby modified and amended by deleting same in its
entirety and substituting in lieu thereof the following:
"A The Owner hereby agrees to develop the Property in accordance
with the Preliminary/Final Subdivision Plan for Ciara Place at Lake
Meadow(the "Plan") and all permits and approvals issued by the City and
other governmental entities with respect to the Property. As of the date
hereof, the Plan has been approved by the City and such Plan is hereby
incorporated by reference as though fully set forth herein.
B. The Owner hereby agrees that the Property shall be developed in
accordance and made subject to those certain conditions of approval
attached hereto as Exhibit "I" 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 "I"are the same as the
Conditions of Approval set forth in the Plan.
C The Owner hereby agrees that the Plan requires certain amenities
to be constructed including without limitation an amenity center for the
future residents of the development together with a pool and cabana. The
Owner hereby agrees to construct the amenities shown on the Plan prior to
issuance of the building permit for the 44th townhome (or the building
containing such townhome, as applicable).
D. Unless the Property is subdivided by the recording of a plat as may
otherwise be approved by the City as provided in the City Land
Development Code, the Property shall hereafter be retained in and shall
remain as a single, integrated parcel, and individual tracts or lots shall not
be sold, otherwise disposed of, or encumbered in lesser constituent
parcels, unless same have been so platted.
E. In the event of any conflict between the provisions of the City
Land Development Code, as it may from time to time be amended, and
this Agreement, as amended, it is agreed that the provisions of this
Agreement, as amended, shall control."
3 Amendment to Section 4 of the Agreement — Transportation Improvements.
Section 4 of the Agreement is hereby modified and amended by deleting same in its
entirety and substituting in lieu thereof the following
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A As a material inducement to the City to approve the Plan and
thereafter issuance building permits with respect thereto, the Owner
hereby agrees, at the Owner's expense, to make certain transportation
improvements as described in Exhibit "J" attached hereto and by this
reference made a part hereof (the "Transportation Improvements")
Unless otherwise indicated, the Owner shall he responsible for the design,
engineering, permitting and construction/installation of the transportation
Improvements, and the completion of construction thereof, all subject to
the review, approval and acceptance of the City.
B. The Transportation Improvements shall be completed, at the
Owner's sole cost and expense, and, where applicable, accepted by the
City prior to the earlier of (i) the issuance of any building permits for
townhome buildings in the development or (ii) 5 Y years from the
Effective Date of this First Amendment (the "Outside Transportation
Completion Date"): provided, however, that if the City determines, in its
discretion, that the Transportation Improvements are needed at an earlier
date, then the City may require that the Transportation Improvements be
completed within twelve (12) months from the date of written notice from
the City to the Owner (the "Accelerated Completion Date") Once the
Owner commence construction of the Transportation Improvements, the
Owner shall proceed with due diligence to complete such Transportation
Improvements within six (6) months from the commencement date of the
construction of such improvements. Alternatively, the City may request
the Owner to escrow the cost of the Transportation Improvements with the
City for the purpose of allowing the City to pay a third party to complete
the Transportation Improvements under a separate written agreement with
City. If the City makes such an election, then it shall notify the Owner of
same no later than one hundred forty 1140) days from the Effective Date
of this First Amendment and the Owner shall may the required payment to
the City in escrow within thirty (30) days following receipt of such notice.
In such instance, and upon payment of the required sum by the Owner to
the City, the Owner shall be relieved of any obligation or duty to complete
the Transportation Improvements pursuant to the this First Amendment,
any provision herein to the contrary notwithstanding. The amount of the
cost of the Transportation Improvements for purposes of the foregoing
escrow shall be as shown on Exhibit "J-1" attached hereto and
incorporated herein by reference.
C. Provided that the City has not previously required the Owner to
deposit the cost of the Transportation Improvements with the City as
provided for above, in the event the Owner has not commenced
construction of the Transportation Improvements within five (5) years
from the Effective Date of this Agreement, or within six (6) months from
receipt by the Owner of a written notice from the City setting an
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Accelerated Completion Date, then in either of such events the Owner
shall be required to post with the City a cash bond in the amount of 125%
of the City Engineer's estimate of the cost to design, engineer, permit and
construct/install the Transportation Improvements. Upon receipt of such
cash bond, the City may, at its sole option, elect to undertake the
Transportation Improvements and to pay the costs thereof from the cash
bond, or to hold such cash bond as security for the completion of the
Transportation Improvements by the Owner. In the event the City
undertakes the Transportation Improvements as aforesaid, then the City
shall be entitled to receive from the cash bond an administrative fee in the
amount of 10% of the actual cost incurred by the City to design, engineer,
permit and construct/install the Transportation Improvements. Nothing
herein shall be construed to obligate the City to undertake the
Transportation Improvements.
D. The Owner acknowledges that the Transportation Improvements
arc required in order to mitigate the transportation impacts arising from
the development of the Property. Neither the Owner nor any other person
or entity shall be entitled to any road impact fee credits or other
compensation of any kind for, on account of, or with respect to the
Transportation Improvements and the Owner's compliance with the
requirements of this section.
4. Amendment to Section 6 of the Agreement —Easements Granted by Owner to
City.
A. The City and the Owner hereby agree to vacate, release, and terminate the
easement described in Section 6.A. of the Agreement over, upon and across the Easement
#2 Land
B. Section 6.A. of the Agreement is hereby modified and amended by
deleting same in its entirety.
C. The reference to Easement #2 Land is stricken from Section 6.G.
D. Unless specifically modified herein, all other terms and conditions of
Section 6 of the Agreement are unaffected by this First Amendment.
5. Miscellaneous. Capitalized terms used in this First Amendment which are not
otherwise defined shall have the meaning ascribed to such terms in the Agreement.
Except as expressly modified in this First Amendment, the terms and provisions of the
Agreement shall remain in full force and effect. This First Amendment may be executed
in multiple counterparts, which when taken together shall constitute but one agreement.
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IN WITNESS WHEREOF, the undersigned parties have set forth their
respective hands and seals as of the date first written above intending to be legally bound
hereby.
Witnesses: OWNER:
PRJ, LLC, a Florida limited liability
company
Print Name: Peter Palermo, Manager
Pnnt Name:
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me by means of O physical presence
or ❑ online notarization, this day of , 20 by Peter Palermo,
Manager, PRJ, LLC, a Florida limited liability company, who is personally known to me
or who has produced as identification
Notary Public
My Commission expires:
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CITY OF OCOEE, a Florida municipal
corporation
Witnesses:
By:
Print Name: RUSTY JOHNSON
Mayor
Print Name:
Attest:
MEI:ANTE SIBBITT
City Clerk
FOR USE AND RELIANCE ONLY
BY THE CITY OF OCOEE, FLORIDA;
APPROVED AS TO FORM AND LEGALITY
this day of , 2020.
SHUFFIELD LOWMAN& WILSON, P.A.
By:
City Attorney
APPROVED BY THE CITY
COMMISSION AT A MEETING
HELD ON , 2020
UNDER AGENDA ITEM NO.
STATE OF FLORIDA
COUNTY OF ORANGE
I HEREBY CERTIFY that on this day, before me by means of 0 physical
presence or E online notarization, appeared RUSTY JOHNSON and MELANIE
SIBBITT well known to me to be the Mayor and City Clerk, respectively, of the CITY
OF OCOEE, a Florida municipal corporation, and that they severally acknowledged
executing the same in the presence of two subscribing witnesses freely and voluntarily
under authority duly vested in them by said municipality
Signature of Notary Public
(Seal)
Type, Print or Stamp Name of
Notary Public
Personally Known OR Produced Identification
Type of Identification Produced:
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EXHIBIT "I"
CONDITIONS OF APPROVAL
(Replaces and supersedes the Exhibit"I" originally attached to the Agreement 1
1 The City of Ocoee, Florida (the"City) is subject to the terms, provisions and restrictions of
Florida Statutes Chapter 163 concerning moratoria on the issuance of building permits
under certain circumstances The City has no lawful authority to exempt any private
entity, or itself, from the application of such state legislation and nothing herein shall be
construed as such an exemption
2 This project shall be developed in one (1) phase
3 Each phase of the project will stand on its own with respect to public services (sewer,
water, stormwater management, access and other related services)
4 Except as specifically noted on this Plan, development of this project shall be consistent
with the requirements of the City of Ocoee Code of Ordinances (the"Code"), which
includes Chapter 180, the City of Ocoee Land Development Code(the"Land
Development Code")
5 Nothing herein shall be construed to waive any provision of the Land Development Code
except to the extent expressly set forth on a waiver table or explicitly set out on this Plan
6 To the extent the Plan and/or these Conditions of Approval conflict with the City of Ocoee
Land Development Code, the provisions of this Plan and these Conditions of Approval
shall control
7 This project shall comply with, adhere to, and not deviate from or otherwise conflict with
any verbal or written promise or representation made by the Owner/Applicant(or
authorized agent thereof)to the City Commission at any public hearing where this project
was considered for approval, where such promise or representation, whether oral or
written, was relied upon by the City Commission in approving the project, could have
reasonably been expected to have been relied upon by the City Commission in approving
the project, or could have reasonably induced or otherwise influenced the City
Commission to approve the project For purposes of this Condition of Approval, a
"promise"or"representation"shall be deemed to have been made to the City
Commission by the Owner/Applicant(or authorized agent thereof) if it was expressly
made to the City Commission at a public hearing where the project was considered for
approval
8 Any damage caused to any public streets as a result of the construction activities related
to the project shall be promptly repaired by the Owner to the applicable government
standards at the at the Owner's sole cost and expense
9 There shall be no access from the property to any public streets except at the approved
locations shown on the approved Plan
10 A perpetual, non-exclusive easement for access over all internal roadways and paved
areas is hereby granted in favor of the City of Ocoee and other applicable authorities for
law enforcement, fire, and other emergency services. The City may require the Owner
execute an instrument documenting the foregoing
11 Existing trees 8' or larger(other than citrus trees or'trash' trees) located along proposed
locations of buffer walls or road right-of-way lines will be preserved if at all possible, the
buffer walls and roads will be designed around those trees to incorporate them into
required landscape buffers and as street trees
12 The existing grades on individual lots containing protected trees will be maintained as
much as possible to preserve existing protected trees For lots or tracts containing
protected trees, there will be no grading or other construction on the same except as
specified in the approved Final Subdivision Plan/Final Site Ran, until building permits are
issued for those lots/tracts
13 No person shall undertake land clearing or the removal of any protected trees without first
obtaining a permit from the Budding Department The removal of protected trees shall be
minimized to the maximum extent possible and no authorization shall be granted to
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remove a tree if the Owner has failed to take reasonable measures to preserve the trees
on site
14 The Developer shall protect and prevent any disturbance, siltation, or other construction
within the conservation areas inside the 100-year flood elevation Those areas are to be
fenced off during construction and silt fences installed to eliminate any possible
disturbance in those areas during construction
15 The Developer shall comply with all requirements of the City and other governmental
entities with jurisdiction to protect the wetlands being preserved and to prevent any
disturbance, siltation, or other construction below the natural wetland lines Further, the
areas below the natural wetland lines shall be fenced off(and silt fences shall be
installed) during construction activities immediately adjacent to the wetlands, in order to
minimize disturbances of the wetlands during construction Any disturbances will be
immediately addressed and repaired accordingly
16 Wetland and existing surface water impact for this property is regulated by St Johns
River Water Management District("SJRWMD")and the Florida Department of
Environmental Protection ("FDEP") General or Individual permits are required from
these agencies prior to commencement of construction.
17 All landscape areas will be irrigated and will have automatic rain sensors
18 Reclaimed water will be used for irrigation purposes, if available
19 The Developer shall be responsible for installing reuse lines along with the other site
infrastructure At such time as reuse water is available to the property, the Owner shall be
responsible for connection to the reuse system lines
20 All on-site utilities including electrical, cable TV and telephone shall be placed
underground
21 All existing structures (including buildings, power lines, existing aerial and utility facilities)
and Progress Energy easements will be removed and/or terminated prior to or during
construction of the development replacing those uses
22 Each fire hydrant shall be OSHA Yellow in color and a blue reflective marker shall be
affixed to the street in the center of the lane closest to each hydrant.
23 The Owner shall construct appropriate curbs cuts to enable construction of ramps at all
rights-of-way intersections (and other areas as reasonably required) in order to
accommodate access to sidewalks and streets for persons who are in wheelchairs and
other persons who are physically challenged Sidewalks abutting each platted lot or tract
shall be constructed at the time of development of the lot or tract When sidewalks are
constructed on corner lots at certain locations, the sidewalks will be extended to the curb
and the appropriate ramps will then be constructed Sidewalks adjacent to common areas
shall be constructed at the time of permanent construction of adjacent common areas
24. Parking for individual lots shall be provided in accordance with the Land Development
Code
25 All finished floor elevations will exceed the 100-year flood plain or the 100 year peak
stage of the Project's storm water system by a minimum of two feet
26 Development of the property is subject to that certain Development Agreement
dated as recorded in Official Records book_, Page , Public Records of
Orange County, Florida
27 The Owner agrees not to undertake any development within the"Frontage Strip" (as
defined in the Development Agreement). All setback and buffer requirements for the
development of the Property will be measured from the southern boundary of the
Frontage Strip
28 The property will connect with potable water service in accordance with Ocoee
standards, and provide, at the developer's cost, an extension from the existing point of
connection
29. Street lights, security lights and lighting for common areas meeting current Land
Development Code requirements shall be installed by the Owner prior to Certificate of
Completion at the Owner's expense If upgraded street lights are installed, the Owner
and the Association will be required to complete and execute a City of Ocoee Owners
and Homeowners Association Agreement for Upgraded Street Lights with the Owner and
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the Association being responsible for operating costs for the difference between standard
street lights and the upgraded street lights
30 The development of this project will incorporate the stormwater needs of all public roads
within the project
31 All drainage, utility and maintenance easements shall be for the benefit of the
Association The land burdened by such easements shall be owned by the individual lot
or tract owners
32. An emergency access easement to the retention ponds and over all drainage easements
shown hereon shall be dedicated to the City for emergency maintenance purposes at the
time of platting The emergency access easement will not impose any obligation, burden,
responsibility or liability upon the City, to enter upon any property it does not own or take
any action to repair or maintain the drainage system on the property
33 All access rights to all public roads, except at approved locations shown on the plan, shall
be dedicated to the City of Ocoee at the time of platting
34 A property owner's association will be created for maintenance and management of all
common areas, unless otherwise noted All tracts owned by the City, if any, shall be
exempt from assessments by, or participation in, property owner's associations unless
otherwise agreed by the City Notwithstanding the foregoing, the City on its own may
elect to participate on the board for any property owner association formed and/or retain
voting rights for tracts owned by the City
35 All legal instruments including, but not limited to (i) declarations of covenants, easements
and restrictions for the property, (i0 articles of incorporation and bylaws of the property
owners'association (the"Association"), and (iii) warranty deeds, easements and bill of
sale documents to the Association, the City, the County and/or the St Johns River Water
Management District("SJRWMD")shall be provided to the City for review and approval
prior to platting all or a portion of the property
36 Unless otherwise noted, a 5' utility and drainage easement will be platted along all side
lot lines and 10' utility, drainage and sidewalk easement adjacent to the street rights-of-
way Sidewalks will only be placed in this easement if necessary to run them around
existing protected trees to be preserved
37 All utilities to be placed within the 10' easement along the front of each lot will be placed
around existing protected trees to be preserved
38 In order to ensure that as many existing trees as possible will be preserved, all road
rights-of-way and retention areas will be flagged for review by the City and the Engineer
prior to any tree removal No clearing permits will be issued for site work or building
construction until all trees to be preserved have been clearly marked with tree protection
barriers
39 Removal of existing trees will be limited to clearing road right-of-way and retention areas
as detailed in these plans All existing protected trees on individual lots will be evaluated
at the time a building permit is issued for that lot, to determine whether or not each tree
needs to be removed
40 In the event the master stormwater retention ponds are conveyed to a property owner's
association (the"Association") then the developer shall remain responsible for the
maintenance of the project's master stormwater management system ("SWMS"),
including all master stormwater retention ponds, until such time as (I)The SWMS for the
projected is constructed and appropriate certificates of completion issued by both the City
and the SJRWMD, (II)The master stormwater retention ponds intended to be conveyed
to the Association have in fact been conveyed to the association, (III) The Association is
designated as the maintenance entity on the records of the SJRWMD and all transfer
records required by SJRWMD have been executed and accepted by SJRWMD, (IV)The
City has been provided with a copy of the developer's proposed maintenance plan with
respect to the SWMS, and (V) The City has been provided with a written statement from
the Association acknowledging receipt of the developer's proposed maintenance plan
with respect to the SWMS and that the Association is responsible for the maintenance of
the SWMS
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41 All declaration of covenants and restrictions affecting the property shall include the
following provisions
i Provision allowing the City to levy, collect, enforce assessments for
maintenance of common areas if the Association fails to do so or fails to maintain
assessments at a level allowing for adequate maintenance
n Provision granting the City the right, but not the obligation, to maintain/repair
the SWMS and obtain reimbursement from the Association, or from the
developer if(I)turnover of control to the members has not occurred, or(II) if the
developer is still responsible for maintenance of the SWMS
iii Provision providing that the SWMS will be transferred to a responsible
operation/maintenance entity acceptable to the City in the event of dissolution
and that if dissolution occurs without such approval then the City may continue to
levy and collect assessments and impose liens with respect thereto
notwithstanding the dissolution of the Association
iv Provision that the Association shall at all times be in good standing with the
Florida Secretary of State
v Provision that at the time of turnover of control of the Association to the
members, the declarant shall deliver to the new board of directors the
maintenance plan for the SWMS accompanied by an engineer's certification that
the SWMS is functioning in accordance with all approved plans and permits To
the extent that any such engineer's report indicates any corrective action is
required the declarant shall be required to diligently undertake such corrective
action at the declarant's expense and to post a cash bond with the Association
for the estimated costs of such corrective action
vi Provision that no property owned by the City or any other governmental entity
shall be subject to assessments levied by the Association
vii Provision that any amendment to any provision affecting the City requires the
consent of the City in an instrument recorded with the amendment
42 The articles of incorporation and bylaws of the Association shall be consistent with the
foregoing provisions
43 Pursuant to the Land Development Code, all subdivision signage must be consistent with
the legally assigned name of the subdivision Any subsequent change to the name of the
subdivision must be approved by the City Commission of the City
44 The final grading plan will preserve existing grades on individual lots and tracts
containing protected trees as much as possible
45 All cross access, utility and drainage easements shall be provided prior to or at the time
of platting
46 Final street naming will be coordinated through the City Building Department at the time
of final plat submittal
47 All building setbacks from all retention areas shall be fifteen feet(15')feet from the top of
the bank
48 Unless otherwise specifically provided for, the SWMS, including all pipes, inlets,
manholes, structures and retention ponds, will be owned, operated and maintained by the
Association
49 All common area improvements including entry features, walls, landscaping and
sidewalks along all roads, as well as landscaping around the retention pond tracts and
any lift station tract shall be completed prior to issuance of the Certificate of Completion
for those corresponding phases
50 All cross access, utility and drainage easements shall be provided prior to or at the time
platting
51 The Association shall own and maintain all common areas
52 Provision granting the City the right, but not the obligation, to maintain all common areas
should the Association fail to do so after notice from the City To the extent that the City
undertakes such action, the city shall be entitled to reimbursement from the Association
and shall be entitled to require the Association to levy assessments for the purposes of
paying such reimbursement
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53 All tracts that are to be owned and maintained by the Association shall be conveyed to
the association by warranty deed at the time of platting A special warranty deed is
permissible if accompanied by a title insurance policy to the Association
54 Tract C, access road(s)through the property, is a private road which will be owned and
maintained by the Association, with access and utility easements granted to the City
Such roads will be conveyed to the Association at the time of platting
55 Street lights, security lights and lighting for common areas meeting current Land
Development Code requirements shall be installed be the Owner prior to Certificate of
Completion at the Owner's expense The Owner and the Association will be responsible
for all operating costs relating to such lighting
56 In the event gates are installed on the private roads the gates and subdivision shall
comply with Article VIII, chapter 34 of Orange county Code for gated communities as well
as any amendments to the Article that may be enacted prior to approval of the final
Subdivision Plan Further, in the event Orange County rescinds or ceases to have
regulations for gated communities, then the regulations in effect at the time of Final
Subdivision Plan approval shall control All references in said County Code Chapter to
the"County"shall be deemed to refer to the"City" for purposes of this requirement Click
to Enter and Knox Box technology shall be installed and operational at each gate
57 All retention ponds will be unfenced with maximum 5 1 side slopes into the pond
58 The development of the project will incorporate the stormwater needs of all public roads
within the project
59 Notwithstanding the conveyance of the retention ponds to the Association or any
provision to the contrary contained in these conditions of Approval, the Owner shall
remain responsible for the maintenance of the SWMS, including all retention ponds, until
such time as
a The entire SWMS for the project is constructed and the appropriate Certificate
of Completion is issued by both the City and the SJRWMD,
b The retention ponds intended to be conveyed to the Association have in fact
been conveyed to the Association,
c The Association is designated as the maintenance entity on the records of the
SJRWMD and all transfer records required by the SJRWMD have been executed
and accepted by SJRWMD,
d the City has been provided with a copy of the Owner's proposed maintenance
plan with respect to the SWMS, and
e the City has been provided with a written statement from the Association
acknowledging receipt of the Owner's proposed maintenance plan with respect to
the SWMS and that the Association is responsible for the maintenance of
the SWMS
60 Wetland and existing surface water impact for this property is regulated by SJRWMD and
the Florida Department of Environmental Protection General or individual permits are
required from these agencies prior to commencement of construction
61 At the time of submittal of the first Preliminary Subdivision Plan or Site Plan review for the
property, the Owner will map the jurisdictional wetland line on the site and establish a
twenty-five foot(25') upland buffer from that line Depending on the results, the City may
also require a Conservation and drainage Easement over any wetlands or adjoining
conservation area The usable areas of the site will be reduced by the acreage and all
development criteria will be reduced proportionately Prior to or at the time of
development of any portion of the property, if a Conservation and Drainage Easement,
the Owner shall convey to the City the conservation and Drainage Easement, the form of
which shall be approved by the City prior to the conveyance
62 All multifamily residential buildings comprised of three (3)or more dwelling units,
regardless of square footage or number of stories, will include automatic fire protection
systems
63 Open space between townhome units not part of an individual lot, shall be owned and
maintained by the Association
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64 The townhome portion of the project will comply with section 6-15 of the Land
Development Code regarding multi-family development standards Street trees shall be
provided by the Owner at a rate of one (1)tree per townhome unit prior to certificate of
occupancy for each building
65 All declaration of covenants and restrictions affecting the townhome portion of the
property shall include the following provisions
a Provision providing that short term rentals(rental term less than six(6)
months) shall be prohibited and providing that this provision may be enforced by
the City
b Provision requiring that garages must be used for parking cars and that
parking will be prohibited on the private streets, except in designated off-street
parking spaces
c Provision prohibiting RV and boat parking within the subdivision
d Provision requiring that if trash cans are used at individual units, they shall be
stored in the garage, but if they are stored outside the garage they shall be
screened from view with a decorative fence and/or landscaping
e Provision requiring a six foot(6') privacy fence on all three(3) sides of any lot
with an accessory structure, per section 5-6b of the Land Development Code
f Provision requiring limitations on the side and placement of accessory
structures and privacy fences in certain rear yards
g Provision requiring all lots with fencing to have a gated entrance along the rear
lot line
h Provision providing that trash pickup will be provided for each individual unit
and that no dumpsters shall be utilized for waste disposal
Provision providing that individual owners of individual lots shall be wholly and
exclusively responsible, to the extent necessary, for the periodic clean-out,
maintenance, upkeep, repair and replacement of all elements of the sanitary
sewer system located on the respective lot, from the inside of the home o the
back of curb where the lot line ends. The elements of the sanitary sewer system
shall include, but not be limited to, all piping, "laterals" and other components of
the sanitary sewer system neither the Association nor the City nor any other
third party shall have any responsibility for such clean-pout, maintenance,
upkeep, repair or replacement of any component of the sanitary sewer system
located on a lot
66 No obstruction to vehicle and pedestrian traffic shall be erected or constructed on the
entrance roadway provided that temporary obstructions of short duration will be permitted
for maintenance purposed, so long as such maintenance does not preclude reasonable
access to the City property during the normal operating hours of business operation
67 Parking on the entrance way road and any extension thereof is prohibited
66 Access road through the property, is a private road owned and maintained by the
property owners, with access easements granted to the City of Ocoee
69 The city owned retention pond tract and access road (less the portion to be conveyed to
the Developer or owner)will be incorporated by the Developer into the subdivision plan
and plat as a separate tract owned by the City The final subdivision plan will provide that
the City will grant on the plat an ingress/egress easement for the proposed project
roadway which crosses the city owned land The city will join in the execution of the plat
for this purpose
70 The owner shall repair any damage to public sidewalks damaged by tree roots originated
from the property
This development is subject to the land use and design guidelines of"Tract G"of the
"Amendment to the Land Use Plan for Prairie Lakes PUD"
12
EXHIBIT "J"
TRANSPORTATION IMPROVEMENTS
Install a northbound left turn lane on Clarke Road with required transitions to serve the
full access driveway connection to the development There will also be an 8 foot (8')
wide sidewalk constructed along the entire frontage of this development.
The following is a specific list of the required items in order to construct the
improvements described above:
I. Install/Maintain MOT LS 1
2. Install Silt Fence LF 1725
3. Remove Ex Curb LF 655
4. Remove Ex Asphalt SY 80
5. Grading LS I
6. Install 2" SP-12.5 Asphalt SY 1135
7. Install 10" Soil Cement Base SY 1225
8. Compact 12" SubBase SY 1300
9. Mill Existing Road SY 2935
10. Install 1" FC-9.5 Overlay SY 2935
11. Install Curb & Gutter LF 675
12. Install Sidewalk SF 13800
13. Install Striping LS 1
14. Install Signage LS 1
15. Install Sod SY 2500
13
EXHIBIT "J-I"
COST OF TRANPORTATION IMPROVEMENTS (FOR ESCROW PURPOSES)
e
AMERICAN CIVIL ENGINEERING CO.
207 N. MOSS ROAD, SUITE 211 WINTER SPRINGS,FLORIDA 32708
Telephone: (107) 327 7700 Fax:(1071327 0227
CLARKE ROAD IMPROVEMENTS
Estimate Date:JUNE 5,2020
Revision Date:
CIARA PLACE @ LAKE MEADOW
CLARKE ROAD
OCOEE, FL
Site Work Unit Otv Unit Price Total Price
1 InstalllMaintain MOT LS 1 $9,500 00 $9,50000
2 Install Silt Fence LF 1725 $200 $345000
3 Remove Ex Curb LF 655 $275 $180125
4 Remove Ex Asphalt SY 80 $4 50 $360 DO
5 Grading LS 1 $2,500 00 $2,500 00
6 Install T SP-12 5 Asphalt SY 1135 517 03 $19,329 05
7 Install 10"Soil Cem Base SY 1225 511 65 $14,271 25
8 Compact 12"SubBase SY 1300 $3 90 $5,070.00
9 Mill Existing Road SY 2935 $425 $12,473 75
10 Install 1'FC-9 5 Overly SY 2935 $9 10 $26,70850
11 Install Curb 8 Gutter LF 675 51560 $10,53000
12 Install Sidewalk SF 13800 $445 $61410 DO
13 Install Stnping LS 1 $3,50000 $350000
14 Install Signage LS 1 $2 500 00 $2.50000
15 Install Sad SY 2500 $370 $925000
Sub Total $182,65380
TOTAL $182,653.80
Page I of 1
14
00Ce 20120334288 8: 18397 P: 8113
08/25/2012 10:31:46 RR Page 1 of 28
THIS INSTRUMENT PREPARED BY Roe Fee: $239.50
Deed Doc Tax: 80 00
AND SHOULD BE RETURNED TO: 009 Rgible e*: $0Tax: 0 0Intan0
Mortgage Stamp: $9.09
PREPARED BY: Martha 0. Haynie, Comptroller
Orange County FL
MB -{Raat To: OCOEE
Paul E.Rosenthal,ESQ. III � fIR1�41�Y�}11 if 4 �I III FOLEY&LARDNER LLP
III North Orange Avenue,Suite 1800
Post Office Box 2193
Orlando,FL 32802-2193
(407)423-7656
For Recording Purposes Only
RETURN TO:
Beth Eikenberry,City Clerk
CITY OF OCOEE
150 N.Lakeshore Drive
Ocoee,FL 34761
(407)656-2322
Tax Parcel ID Number 04-22-28-0000-00-048
DEVELOPMENT AND EASEMENT AGREEMENT
(LEXINGTON PARK)
THIS DEVELOPMENT AND EASEMENT AGREEMENT ("this Agreement") is
made and entered into as of the tq day of 3UYIe. , 2011 by and between PR!,
LLC, a Florida limited liability company, whose mailing address is P.O. Box 1186, Ocoee, FL
34761 (hereinafter referred to as the "Owner" or "Developer") 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
(the "Property"); and
WHEREAS, the City owns fee simple title to certain lands located adjacent to the
Property which land is currently used by the City for stormwater purposes associated with Clarke
Road and for access from Clarke Road to a City stormwater pond, said lands being more
particularly described in Exhibit "B" attached hereto and by this reference made a part hereof
(the"City Land"); and
WHEREAS, pursuant to the application of the Owner, on October 4 2011, the Ocoee
City Commission approved, subject to the execution of this Agreement, the Preliminary/Final
Large Scale Site Plan for Phase 1 of Lexington Park at Ocoee, as prepared by Ronald H. Wilson
and being date stamped as received by the City on Ctat.opy1k,T- \t..t , 2011, with such
4850896885233
additional revisions thereto, if any, as may be reflected in the minutes of said City Commission
meeting, and as set forth on the Preliminary/Final Large Scale Site Plan for Phase I of Lexington
Park at Ocoee, as prepared by Ronald H. Wilson and being date stamped as received by the City
on Nalern cxr a , 2011, (collectively, the"Phase I Plan"); and
WHEREAS, the Owner intends to develop the Property in two phases with the first
phase ("Phase 1") being located on the northern portion of the Property and the second phase
("Phase 2") being located on the southern portion of the Property, all as more particularly
depicted on the Phase 1 Plan; and
WHEREAS, the Phase 1 Plan includes an "Easement Plan" on Sheet 6 thereof which
depicts the location of the following easements affecting the Property:
(a) A cross-access easement providing access to the Property from Clarke Road and
which is intended in the future to serve as a portion of a shared access with certain real
property located north of and contiguous to the Property, said easement being more
particularly described in Exhibit "C" attached hereto and by this reference made a part
hereof("Easement#1 Land");
(b) An internal access road running across Phase 1 and the City Land to Phase 2,
which is intended for the use and benefit of both Phase 1 and Phase 2, said easement
being more particularly described in Exhibit "D" attached hereto and by this reference
made a part hereof("Easement#2 Land");
(c) A landscape easement for the benefit of the Owner and the Property which is
located within the City Land, said easement being more particularly described in Exhibit
"E"attached hereto and by this reference made a part hereof("Easement#3 Land");
(d) A nature trail access easement across a portion of the Property and the City Land
which is intended to provide future public pedestrian ingress and egress between Clarke
Road and other lands now or hereafter owned by the City, said easement being more
particularly described in Exhibit "F" attached hereto and by this reference made a part
hereof("Easement#4 Land");and
(e) An construction, access and use easement for the benefit of the Owner and the
Property across a portion of the City Land, said easement being more particularly
described in Exhibit "G" attached hereto and by this reference made a part hereof
("Easement#5 Land"); and
WHEREAS, the Easement #1 Land, the Easement #2 Land, the Easement #3 Land, the
Easement #4 Land, and the Easement # Land (collectively, the "Easement Lands") are all
depicted on a Sketch of Description prepared by Kitner Surveying,Inc. under Project No.08-310,
which survey is included with the Phase I Plan; and
4850-89883523 3 -2-
WHEREAS, the Owner and the City desire to execute this Agreement in order to provide
each other with certain easements as set forth in this Agreement and to evidence their mutual
agreement as to certain other matters related to the development of the Property.
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: Definitions. 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 on the Phase 1 Plan, unless otherwise indicated.
Section 2. Conveyance of Upland Buffer and Wetlands.
A. Prior to the issuance of any building permits for the development of the
Property,the Owner shall convey to the City the 25' Upland Buffer and the Wetlands located
within the Property and depicted on the Phase 1 Plan,all as more particularly described in
Exhibit"H"attached hereto and by this reference made a part hereof(hereinafter collectively
referred to as the"Upland Buffer and Wetlands"). Prior to the conveyance of the Upland Buffer
and Wetlands to the City,the Owner shall be solely responsible for the Upland Buffer and
Wetlands, including but not limited to the maintenance thereof and the payment of all applicable
taxes.
B. The Upland Buffer and Wetlands shall be conveyed by the Owner to the
City by special warranty deed free and clear of all liens and encumbrances except for those
matters acceptable to the City. The form of the special warranty deed shall be subject to the
approval of the City. The Owner shall,contemporaneously with the conveyance of the Upland
Buffer and Wetlands to the City,provide to the City,a current title commitment,to be followed
by a policy of title insurance,evidencing that fee simple title to the Upland Buffer and Wetlands
is free and clear of all liens and encumbrances except for those matters acceptable to the City.
The costs and expenses related to the conveyance of the Upland Buffer and Wetlands,including
the cost of title work, shall be borne solely by the Owner. Real property taxes on the Upland
Buffer and Wetlands shall be prorated as of the day before the City's acceptance of the
conveyance of the same,and the prorated amount of such real property taxes attributable to the
Owner shall be paid and escrowed by the Owner in accordance with the provisions of Section
196.295, Florida Statutes;provided,however,that if the conveyance occurs between November 1
and December 31,then the Owner shall be responsible for the real property taxes for the entire
year.
C. Neither the Owner, its successors and assigns,nor any other person or
entity shall be entitled to any impact fee credits or other compensation of any kind for, on
account of,or with respect to the conveyance of the Upland Buffer and Wetlands to the City.
Section 3. Development of the Property.
485069888523.3 _3_
A. The Owner hereby agrees to develop the Property in accordance with the
Phase I Plan and all permits and approvals issued by the City and other governmental entities
with respect to the Property. As of the date hereof,the Phase 1 Plan has been approved by the
City, such Phase I Plan being 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 "I" 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 "I" are the same as the
Conditions of Approval set forth in the Phase I Plan.
C. The Owner acknowledges that it will be required to obtain City approval
of a preliminary and final site plan for Phase 2 prior to the development thereof and that
additional conditions of approval may be required by the City in connection with its review and
any plans for the development of Phase 2.
D. Unless the Property is subdivided by the recording of a plat or as may
otherwise be approved by the City as provided in the City Land Development Code,the Property
shall hereafter be retained in and shall remain as a single,integral parcel, and shall not be sold,
otherwise disposed of,or encumbered in lesser constituent parcels,unless same are dedicated to
the public or conveyed to the City.
E. 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 4. Transportation Improvements.
A. As a material inducement to the City to approve the Phase 1 Plan and
thereafter issuance building permits with respect thereto,the Owner hereby agrees,at the
Owner's expense,to make certain transportation improvements as described in Exhibit"J"
attached hereto and by this reference made a part hereof(the"Transportation Improvements").
Unless otherwise indicated,the Owner shall be responsible for the design,engineering,
permitting and construction/installation of the Transportation Improvements, and the completion
of construction thereof,all subject to the review, approval and acceptance of the City.
B. The Transportation Improvements shall be completed,at the Owner's sole
cost and expense, and,where applicable, accepted by the City prior to the earlier of(i)the
issuance of any building permits beyond those building permits required to construct buildings
located within Phase 1 and currently shown on the Phase 1,(ii)approval of a final site plan for
Phase 2,or(iii) 5 'A years from the Effective Date of this Agreement(the"Outside
Transportation Completion Date"); provided,however, that if the City determines,in its
discretion,that the Transportation Improvements are needed at an earlier date,then the City may
require that the Transportation Improvements be completed within twelve(12)months from the
dal- of written notice from the City to the Owner(the"Accelerated Completion Date"). Once
4850E98ad523 3 -4-
the Owner commence construction of the Transportation Improvements,the Owner shall
proceeds with due diligence to complete such Transportation Improvements within six(6)
months from the commencement date of the construction of such improvements.
C. In the event the Owner has not commenced construction of the
Transportation Improvements within five (5)years from the Effective Date of this Agreement, or
within six (6)months from receipt by the Owner of a written notice from the City setting an
Accelerated Completion Date,then in either of such events the Owner shall be required to post
with the City a cash bond in the amount of 125%of the City Engineer's estimate of the cost to
design, engineer,permit and construct/install the Transportation Improvements. Upon receipt of
such cash bond,the City may,at its sole option, elect to undertake the Transportation
Improvements and to pay the costs thereof from the cash bond, or to hold such cash bond as
security for the completion of the Transportation Improvements by the Owner. In the event the
City undertakes the Transportation Improvements as aforesaid,then the City shall be entitled to
receive from the cash bond an administrative fee in the amount of 10%of the actual cost incurred
by the City to design,engineer,permit and construct/install the Transportation Improvements.
Nothing herein shall be construed to obligate the City to undertake the Transportation
Improvements.
D. The Owner acknowledges that the Transportation Improvements are
required in order to mitigate the transportation impacts arising from the development of the
Property. Neither the Owner nor any other person or entity shall be entitled to any road impact
fee credits or other compensation of any kind for,on account of, or with respect to the
Transportation Improvements and the Owner's compliance with the requirements of this section.
Section S. Easements Granted by City to Owner.
A. City hereby gives,grants, bargains, sells and conveys to Owner, its
successors and assigns,a perpetual non-exclusive easement over,upon and across the Easement
#3 Land for the exclusive purpose of installing, maintaining,and replacing landscaping within
the Easement#3 Land,all subject to the terms, conditions and limitations set forth herein and in
the Phase I Plan("Easement#3").
B. City hereby gives,grants, bargains,sells and conveys to Owner, its
successors and assigns, a perpetual non-exclusive easement over,upon and across the Easement
#5 Land for the exclusive purpose of filling the depression area located within the Easement#5
Land that lies outside of the City's stormwater pond, all subject to the terms, conditions and
limitations set forth herein and in the Phase I Plan("Easement#5"). The easement rights
granted hereunder with respect to Easement#5 may,at Owner's option, be exercised and utilized
by Owner's employees, agents, contractors,engineers,and consultants. The exercise of all of the
Owner's rights under this Easement#5 shall be in compliance with all governmental plans,
permits and approvals applicable thereto, including but not limited to the Phase I Plans. The
Owner shall,at Owner's expense,be responsible for providing within the Property any
compensating storage which may be required as a result of the filling of the depression area
within the Easement#5 Land. Notwithstanding the foregoing,the City expressly reserves the
right to expand the stormwater retention pond located within the City Land, remove at a future
44350.89a8-95233 _5_
date any fill added to the City Land by virtue of this Easement#5,and excavate within the City
Land to within 5' of the Property;provided,however, that the exercise by the City of any such
reserved rights shall be in accordance with all applicable laws, ordinances, rules and regulations.
C. City hereby gives,grants, bargains, sells and conveys to Owner,its
successors and assigns, a perpetual non-exclusive easement over, upon and across that portion of
the City Land included within the Easement#2 Land for the exclusive purpose of installing,
maintaining, and replacing a private paved roadway and access drive within the Easement#2
Land,all subject to the terms, conditions and limitations set forth herein and in the Phase 1 Plan
(the"Road Crossing Easement"). The City may require that the Owner obtain a right-of-way
utilization permit from the City prior to the exercise of any rights under the Road Crossing
Easement.
D. Owner agrees to indemnify,defend and hold harmless the City from and
against any and all claims,actions,causes of action, loss,damage, injury, liability, cost or
expense, including without limitation attorneys' fees and paralegal fees (whether incurred before,
during or after trial,or upon any appellate level),arising out of or in any way related to the use of
the Easement#2 Land,the Easement#3 Land and the Easement#5 Land by the Owner and its
employees,agents, licensees,contractors,engineers,consultants,tenants, invitees,guests,
customers and patrons,or from the exercise by Owner of any rights granted by the City under the
provisions of this Section. The foregoing indemnity expressly includes, but is not limited to,any
damage which may be suffered by the City from any adverse effects to the City Land and/or
Clarke Road which is caused by or in any way related to the filling of portions of the Easement
#5 Land.
E. The Owner shall be responsible, at the Owner's expenses,for(i)the
maintenance and replacement,when needed,of all landscaping improvements within the
Easement#3 Land; and (ii)the mowing,maintenance and replacement, when needed,of the
grassed area within the Easement#5 Land.
Section 6. Easements Granted by Owner to City.
A. Owner hereby gives, grants, bargains, sells and conveys to City, its
successors and assigns,a perpetual non-exclusive easement over, upon and across the Easement
#2 Land for the exclusive purpose of utilizing said Easement#2 Land for the purposes of egress
and egress to and from the City Land.
B. Owner hereby gives, grants, bargains,sells and conveys to City, its
successors and assigns,a perpetual non-exclusive easement over, upon and across the Easement
#4 Land for the exclusive purpose of constructing, maintaining,repair and replacing a nature trial
within the Easement#4 Land("Easement#4"). Easement#4 is intended to be utilized by
members of the general public in order for ingress and egress from Clarke Road to a trail system.
C. The granting of Easement#4 shall not be construed to impose any
obligation On the City to utilize the Easement#4 Land as part of a trail system or to spend any
monies to construct a trail system. Until such time as the City actually constructs a trail system
4850-69a8-8523.3
on the Easement#4 Land,the Owner shall be responsible for the maintenance and control of the
Easement#4 Land. The easement rights granted hereunder with respect to Easement#4 may, at
City's option,be exercised and utilized by the City's employees,agents,contractors, engineers,
and consultants.
D. Owner hereby gives,grants,bargains, sells and conveys to City,its
successors and assigns, a perpetual non-exclusive easement over,upon and across all internal
roadways and paved areas within the Property for the purpose and ingress and aggress to and
from the City Land. The foregoing easement shall not encumber any portion of the Property on
which a structure may now or hereafter exist.
E. Owner hereby gives, grants,bargains, sells and conveys to City, its
successors and assigns, a perpetual non-exclusive emergency access easement to the retention
ponds and over all drainage easements within the Property for emergency maintenance purposes.
This emergency access easement will not impose any obligation,burden,responsibility or
liability upon the City,to enter upon any property it does not own or take any action to repair or
maintain the drainage system on the Property.
F. Owner hereby gives,grants,bargains, sells and conveys a perpetual,non-
exclusive easement for access over all internal roadways and paved areas within the Property for
the benefit of the City and other applicable authorities for law enforcement, fire,and other
emergency services for the purpose of discharging their respective duties and obligations under
applicable laws,statutes,ordinances,rules and regulations;provided,however, that the foregoing
shall not be construed to impose any duty or obligation on any such entities providing law
enforcement,fire, and other emergency services.
G. To the extent permitted by law,the City agrees to indemnify,defend and
hold harmless the Owner from and against any and all claims,actions,causes of action, loss,
damage,injury,liability,cost or expense,including without limitation attorneys' fees and
paralegal fees(whether incurred before, during or after trial, or upon any appellate level), arising
out of or in any way related to the use of the Easement#2 Land and the Easement#4 Land by the
City,or from the exercise by City of any rights granted by the Owner under the provisions of this
Section.
Section 7. Cross Access Easement on Easement #1 Land for Benefit of Adjacent
Land.
A. Owner hereby gives, grants, bargains, sells and conveys to the City, its
successors and assigns,a perpetual non-exclusive easement over,upon and across the Easement
#1 Land for the exclusive purposes of(i) vehicular and pedestrian ingress and egress to and from
the Adjacent Property(as hereinafter defined)over,upon and across the Easement#1 Land,and
(ii)constructing,laying, operating,maintaining,improving,repairing,replacing, and utilizing the
Entranceway Road(as hereinafter defined)for the benefit of the Adjacent Property, all subject to
the terms, conditions and limitations set forth herein. The easement rights granted hereunder
may, at the City's option, be exercised and utilized by the City's employees, agents, licensees,
contractors,engineers, consultants,tenants, invitees,guests,customers, patrons and assigns.
, 9*13ac23.3 _']_
Owner expressly reserves the right to utilize the Easement#1 Land for vehicular and pedestrian
ingress and egress to and from the Property. Owner's reserved rights hereunder may, at Owner's
option,be exercised and utilized by Owner's employees,agents, licensees,contractors, engineers,
consultants,tenants, invitees, guests, customers and patrons. Nothing contained herein shall be
construed to obligate the City to construct the Entranceway Road.
B. Future vehicular and pedestrian access to the Property and certain lands
located adjacent to and north of the Property that the City may designate(the"Adjacent
Property")from Clarke Road may,if required by the City in connection with the City's approval
of any site plans or subdivision plans for the Adjacent Property, be by means of a shared joint
access entranceway road over and across the Easement#1 Land(the"Entranceway Road").
C. Owner expressly acknowledges that the City may assign the easement
granted by this section and all of its rights and obligations hereunder to the owner(s)of the
Adjacent Property at any time without the consent from Owner by recording an assignment
instrument in the Public Records of Orange County,Florida. Such assignment instrument may
include a legal description of the Adjacent Property.
D. Following construction of the Entranceway Road, the Owner shall be
responsible at all times for the maintenance and repair of the Entranceway Road. Nothing herein
shall prevent Owner and the City or its assigns from amending the provisions of this section to
address ongoing maintenance of the Entranceway Road;provided,however,that if the Adjacent
Property is developed in such a manner so as to utilize the Entranceway Road for vehicular and
pedestrian ingress and egress and a Certificate of Occupancy is issued by the City in connection
with a structure constructed on the Adjacent Property,then in such event,the Owner and the then
owner(s)of the Adjacent Property shall share the cost of maintenance and repair of the
Entranceway Road equally.
E. The use of the Easement#1 Land is expressly made subject to the
following restrictions:
(1) No obstruction to vehicular and pedestrian traffic shall be erected or
constructed on the Easement#1 Land.
(2) Parking on the Easement #1 and any extensions thereof shall be
prohibited.
(3) Compliance with all applicable laws, rules, regulations and requirements
of public authorities with respect to the use and maintenance of the roadway
improvements constructed on the Easement#1 Land.
F. The City or its assigns may not exercise its rights under this Section and
Owner shall not be bound by the obligations or restrictions imposed on Owner under this Section
unless and until such time that the City approves a site plan or subdivision plan related to the
development of the Adjacent Property and the owner(s)of the Adjacent Property grant to Owner
any reciprocal access easements that may be required by the City.
48508988-1523 3 _R_
G. Nothing contained in this Section shall be deemed a gift or dedication of
any portion of the Easement#1 Land to the general public or for any public use or purpose
whatsoever, it being the intent of the parties hereto that the easement across the Easement#1
Land shall be strictly limited to and for the purposes herein expressed and shall be solely for the
benefit of the City, its express assigns and Adjacent Property.
Section 8. Reservation of Rights to Use Easement Lands. The Easements granted
herein are non-exclusive, and the underlying owner of each fee parcel reserves to itself, its
successors and assigns, the non-exclusive right to use, pass and repass over and upon its land for
purposes not inconsistent with the applicable Easement. Each party shall use the rights granted
and reserved by the Easements with due regard to the rights of the other party to use and enjoy
the land affected thereby.
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(i) 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(iii) when
sent by overnight courier service for next business day delivery (i.e., Federal Express), 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 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 11. 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 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.
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, along with the Phase I Plan,
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.
48506988-8523.3 _9_
Section 15. Further Documentation. The parties agree that at any time following a
request 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 Owner shall have the right
to enforce the terms and conditions of this Agreement by an action for specific performance.
Section 17. 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, paralegal 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 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 21. 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.
4850698885233 -10-
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 OWNER:
in the presence of:
PRJ,LLC
By.
• e Name
Title: ALlQ.kttirdI^
Print Name f
STATE OF riots a�4.
COUNTY OF baltje-
I HEREBY CERTIFY that on this day, before me, an officer Mk rized in the
theState d Countyaforesaid take aacknowledgments,
ited personally appeared
reicr as
of PRJ, LLC, a Florida limited liability company,who is personally
known to m or F I produced as identification, and that
he/she acknowledged executing the same on behalf of said limited liability company in the
presence of two subscribing witnesses, freely and voluntarily, for the uses and purposes therein
expressed. ��F1�
WITNESS my hand and official seal in the County and S last aforesaid this Iu
day of ke bru&f"N ,2011
1
S'yi :tore ofNig:
I#+ ...% Fry ILING aFbMs
: a sit ca, omesax,
�a ov„mo,a Name of Notary(Typed, Printed or Stamped)
Commission Number(Snot inane on mg)*
My Commission Expires IS not legible m seal).
4850598885233 -11-
CITY:
Signed,sealed and livered
e presence of: CITY OF OCOEE,FLORIDA
By: —
Print Name.
S. Scott Vandergpit,Mayor
t C 9 SLLpT1p� •
ti;ut Etlren ; ,;City Cl
Print Name:ame: 1�+ e t il'�}r rQg (t
M.
FOR USE AND RELIANCE ONLY BY APPROVED BY TH,E . '{ O$E„ "CITY
THE CITY OF OCOEE,FLORIDA. Cm^OMM`_I�'S�-SION AT e'`,MEEFy1411�(`jr.NELD ON
Approved as to form and legality this OC..kthe4 , ��,qf,thibc, "AGENDA
101 day of,9etober,20+I. ITEM NO. t o '.°
C,� t�3(veyC,,,to412— 1y
By: I
City A ome
4850-6988-8523 2 -12-
•
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 BETH EIKENBERRY, personally known to me to be the Mayor and
City Clerk, respectively, of the CITY OF OCOEE, FLORIDA and that they severally
acknowledged executing the same in the presence of two subscribing witnesses, freely and
voluntarily under authority duly vested in them by said municipality.
WITNESS my hand and official seal in the County and State last aforesaid this
day of JlIn a1 2OlE
aota
Signature ofNotaryp".°r.. TIBNAWSAW6
. . VYCOYlSSIDt13DOSS0804
EXPSSES:.hniury 22,2413
1 re sedrilla UnlitSeNpe
Name of Notary(Typed, Printed or Stamped)
Commission Number(if not legible on see]): /
My Commission Expires(if not legible on seal)
4850-6988-8523 2 -13-
JOINDER AND CONSENT TO
DEVELOPMENT AGREEMENT
(Lexington Park)
The undersi ed ereby certifies that it is the holder of an indenture of mortgage, dated
the A day of 2ooy and recorded in Official Records Book 751,/,Page
ZIA, Public Reco s of ge County, Florida, upon the above described property and the
undersigned for and in consideration of valuable consideration, the receipt and sufficiency of
which is hereby acknowledged,does hereby join in and consent to the execution of the foregoing
Development Agreement (Lexington Park) and agrees that the lien of its mortgage described
herein above shall be subordinated to the aforedescribed Development Agreement.
Signed,sealed and delivered
in the presence of: C.�,,}rl C-3), Bonk
- (Print name of Mortgage holder)
2 C if
PrintN e: y`hC \ �/ ,&laitt—
��*i 't--'L— Printe sr !/,la
Print Name: ar&ndon HG -#tc& Title: Assaisnt Ike. Prese/en+ Cammere.e•( &ni<;f
STATE OF caci -
COUNTY OF M
The foregoing instrument was acknowledged before me this 414 day of
2011, by(Name of Officer) —1fi4 te). VS/ who is he
(Tr, ✓ce Pret,rktof (Name) Gif,toil C.,fr ,A,,k . He/she
( is personally known to me, or 1 j has produced as
i entifrcation.
'Si--g.n-ature o Notary CISECEl
nr; � IMNA A.SWAM
k, Noun cat bon. Api FI Name of Notary(Typed,Printed or Stamped)
tar.4aa Nrts,MN ( YP
:,,i.;.. SIN.•Mr MSG
a SttlalM illassyS Commission Number Ulna legible on sal):
My Commission Expires Of not legible on seal):
/8w•93s-a523 3 -14-
EXHIBIT "A"
THE PROPERTY
A portion of Section 4 and Section 9, Township 22 South, Range 28 East, Orange County,
Florida,being more particularly described as follows:
Commence at the Southwest Corner of the Southeast "A of Section 4, Township 22 South,Range
28 East, thence run N.01°29'02"E., along the West Line of said Southeast ''A of Section 4, a
distance of 350.29 feet for the POINT OF BEGINNING; thence run S.89°09'24"W. a distance of
269.87 feet; thence run N.00°46'S5"E. a distance of 967.94 feet; thence run N.89°16'02"E. a
distance of 281.72 feet; thence run N.89°52'06"E. a distance of 634.52 feet to a point on the
West Right-of-way Line of Clarke Road; thence run S.01°10'07"W., along said West Right-of-
way Line, a distance of 399.34 feet to the beginning of a curve concave to the East, having a
radius of 3324.05 feet; thence run Southerly, along the arc of said curve and said West Right-of-
way Line, through a central angle of 19°56'58" a distance of 1157.38 feet; thence continue along
the said West Right-of-way Line S.18°46'51"E. a distance of 89.13 feet; thence run
S.71°13'09"W. a distance of 69.54 feet; thence run S.18°59'Sl"W. 227.07 feet; thence nm
N.18°46'52"W. 937.11 feet; thence run N.89°38'S1"W. a distance of 414.97 feet to the Point of
Beginning.
LESS AND EXCEPT
That portion of the Southeast 'A and the Southwest %of Section 4, Township 22 South,Range 28
East, Orange County,Florida, described as follows:
Commence at the South 'A Corner of said Section 4; thence S.89°38'28"E., along the South Line
of said Section 4, for 824.24 feet to the centerline of Clarke Road (Station 227+72.22); thence
Northerly, along said centerline and arc of a circular curve concave Easterly, having a radius of
3274.05 feet,a chord beating of N.07°40'16"W. and a central angle of 15°01'08" for 858.23 feet
(Station 236+30.45); thence S.89°50'18"W., along a radial line, for 50.00 feet to the Westerly
Right-of-way Line of Clarke Road and POINT OF BEGINNING; thence Northerly, along said
Westerly Right-of-way Line and arc of a circular curve concave Easterly, having a radius of
3324.05 feet, a chord bearing of N.00°10'59"E. and a central angle of 00°41'22" for 40.00 feet;
thence N.89°38'41"W. for 331.07 feet; thence N.38°37'37"E. for 282.78 feet; thence
S.51°22'23"W. for 390.00 feet; thence S.38°37'37"W. for 51.49 feet; thence S.89°38'41"E. for
289.88 feet;thence S.51°07'09"E. for 32.11 feet to the Point of Beginning.
Said parcel contains 21.13 acres,more or less.
48506988-8523.3 -15-
EXHIBIT "B"
CITY LAND
See attached legal description and sketch of description.
48506988-8523 3 -16-
SKETCH OF DESCRIPTION N
NOT PLATTED g.
NOT PLAITED so'
4 uN.4O- OOW1'22•
4 R - 3324.0S
r IP L a 40.00' I
55\4 24.
CB - NO01O'59•E IT
N 69Y'41- W 331.07. P N.46
POINT OF
N
3.3TT3• ACRES 56g'J64rr
41 ap' f (,. BEGINNING
1 236+3145
4,
yp, N3B37'37'W
T 3ti1' o
f SSroro9•E 1
a
% $ 5000
$' +42' sa9so'IB•w
(RADIAL) al
xr
11
NOT PLATEDLI
i 0
LEGEND
MC SEC11ON
A MORAL ANGLE
R RADIUS
I. MC LENT1 I
G9 CHORD BEARING o
Iy, CENIERLNE B
yy
OR si S076 Pg 4525 ti
Orange Co FL 5659057
9
Records(' —Martha 0. Hard a E
OF Ts
(POINT
COMMENCEMENTtt
9 1/4 CO
SEC 4-22-25 p�
/' 9 UNE%1/4 SEC 4-22-21 I.
V elln
/ 1124.24'
s !S 5.28. E net5E
SE cat
DESCRIPTION sa 4-N-:e
That portion of the Southeast 1/4 one to Southwest 1/4 of Seethe 4, TamMlp 22 South. Range 28 East,
Orange County, Florida, Oteolted cc 141e-t
Germain at the South 1/4 comer of sold Mellon 4; theme Swtlh 69 S28' Eat Gang the South ene of
Section 4 for 824.2. net to the centerline of rani Road (Station 227 4 72.22): theta natter Wong
sold macrame and an of a&nlar cures concave metaa% having a reWus ar 3224.05 eat chard
Marble of North 074o'le Wet ate a tanto& mye of 1591.084 for 055.23 feet (Station 238 4
30.44 thanes South B9'30}8• West along a coda If.. for 50.00 let to the nattily Right of Way
Ilne of Clark* Rood one PONT OF BEOINNINP. then col northerly Song d westerly Right of Way lint coed
ore of a Ocular can anon eaetey. hate.° a roan of 3324.05 feet, a chord bearing el Note
0010'59• East and a central angle el 0174122• far 40.00 Net; thee. North 6998.41 WM for
331.07 lest thence North 31.1171371 Wet for 28278 lea; then South 5122'23• Wet M 390,00
feel; thanes South Want East for 300.00 feet; thew North 5172234 East far 390,00 feet
thanes Nat 3017137' West for 51.49 net theca South entre* East for 2B9.es feat than South
519209• East tea 32.11 Net to the PONT OF BECNNING.
CONTAINING 3.37/ ACRES, MORE DR LESS At
MEARING=SHONN HEREON ME BASED ON TIE SOUTH UNE OF RIC SE I/4 OF SECTOJ
AS BANG S ulna- E. ASSUMED. /'��;"
HARLINGI HEREBY CERMET: ' + A of Desalp(la
LOCKLINidea hereon can TECHNICAL
CLARKE ROAD EXTENSION shownAher tat+ �� STATE AL
FLOAGA N ,,r ' F,ys(H FIOMo
Ce: t� ING RETENTION POND 'Nan AARhbba F/
T� hee sfor oana/at41 Teeth .
CONSm.�G �0�� ]]hhIf Reid. a ate , ft�i�tgg'hh4;bi d
MO W W2daW MOST RN(I - 150'k4wr n�1Lthtasphhp�e / /\ „).1' f'�.1_0.'6�/n a r.
MEMO, Rn L Yens hai-IY9e 8 ]9J01 08-87 Charts. R. Laµry,.P..y'',No. 2774.1 `
.1 '
EXHIBIT "C"
EASEMENT #1 LAND
A portion of Section 4, Township 22 South, Range 28 East, Orange County, Florida, being more
particularly described as follows:
Commence at the Southwest Corner of the Southeast ''A of Section 4, Township 22 South, Range
28 East, thence run N.01 29'02"E., along the West Line of said Southeast 'A of Section 4, a
distance of 350.29 feet; thence run S.89°09'24"W. a distance of 269.87 feet; thence run
N.00°46'55"E. a distance of 967.94 feet; thence run N.89°16'02"E. a distance of 281.72 feet;
thence run N.89°52'06"E. a distance of 484.52 feet for a POINT OF BEGINNING; thence run
S.00°07'54"E. 25.00 feet; thence run N.89°52'06"E. 149.43 feet to a point on the West Right-of-
way Line of Clarke Road; thence run N.01°10'07"E., along said Right-of-way Line, 25.01 feet;
thence run S.89°52'06"W. 150.00 feet to the Point of Beginning.
48506988-8523.3 -1 R-
EXHIBIT "D"
EASEMENT #2 LAND
A portion of Section 4, Township 22 South, Range 28 East, Orange County, Florida, being more
particularly described as follows:
Commence at the Southwest Corner of the Southeast %of Section 4, Township 22 South, Range 28 East,
thence run N.01°29'02°E., along the West Line of said Southeast%of Section 4, a distance of 350.29 feet;
thence run 3.89°09'24'W. a distance of 269.87 feet; thence run N.00°46'55"E. a distance of 967.94 feet;
thence run N.89°16'02"E. a distance of 281.72 feet; thence run N.89°5706°E. a distance of 484.52 feet;
thence run 3.00°07'54°E. 25.00 feet; thence run N.89°52'06"E. 24.50 feet for a POINT OF BEGINNING;
thence run S.19°05'31"E. 210.52 feet; thence run S.01°10'07°W. 174.01 feet to the Point of Curvature of a
curve concave Easterly, having a radius of 3376.05 feet and a chord bearing of S.03°57'18°E.; thence run
Southerly, along the arc of said curve, 603.80 feet through a central angle of 10°14'50"to the end of said
curve; thence run N.80°55'17"E. 30.00 feet to a point on a curve concave Southeasterly, having a radius of
40.00 feet and a chord bearing of N.22°42'15°E.; thence run Northeasterly, along the arc of said curve,
44.38 feet through a central angle of 63°33'56'to the end of said curve and a point an the West Right-of-
way Line of Clarke Road, said point also being on a curve concave Easterly, having a radius of 3324.05
feet and a chord bearing of N.08°04'40'W.;thence run Northerly, along the arc of said curve and said West
Right-of-way Line,44.50 feet through a central angle of 00°46'01°to the end of said curve,said point being
on a curve concave Northeasterly, having a radius of 40.00 feet and a chord bearing of N.38°51'34°W;
thence run Northwesterly, along the arc of said curve, 44.38 feet through a central angle of 63°33'56° to
the Point of Compound Curvature of a curve concave Easterly, having a radius of 3346.05 feet and a
chord bearing of N.02°57'15141.; thence run Northedy, along the arc of said curve, 481.53 feet through a
central angle of 08°14'44° to the Point of Tangency; thence run N.01°10'07"E. 179.37 feet; thence run
N.19°05'31"W. 205.57 feet;thence run S.89°52106°W.31.72 to the Point of Beginning.
4a5969a&9523.3 -19-
EXHIBIT "E"
EASEMENT#3 LAND
That portion of the Southeast %<and the Southwest 'A of Section 4, Township 22 South, Range 28
East,Orange County, Florida,described as follows:
Commence at the South 1/4 Corner of said Section 4; thence S.89°38'28"E.,along
the South Line of said Section 4, for 824.24 feet to the centerline of Clarke Road (Station
227+72.22); thence Northerly, along said centerline and arc of a circular curve concave Easterly,
having a radius of 3274.05 feet, a chord bearing of N.07°40'16"W. and a central angle of
15°01'0S" for 858.23 feet(Station 236+30.45); thence S.89°30'18"W.,along a radial line, for
50.00 feet to the Westerly Right-of-way Line of Clarke Road and POINT OF BEGINNING;
thence Northerly,along said Westerly Right-of-way Line and arc of a circular curve concave
Easterly,having a radius of 3324.05 feet,a chord bearing of N.00°10'59"E.and a central angle of
00°41'22"for 40.00 feet;thence N.89°38'41"W. for 25.03 feet; thence S.00°21'19"W. for 20.00
feet;thence 5.51°07'09"E. for 32.11 feet to the Point of Beginning.
43511A°°°0.523.3 -20-
EXHIBIT "F"
EASEMENT#4 LAND
That portion of the Southeast 'A and the Southwest ''A of Section 4,Township 22 South,Range 28
East, Orange County, Florida, described as follows:
Commence at the South %4 Corner of said Section 4;thence S.89°38'28"E.,along
the South Line of said Section 4, for 824.24 feet to the centerline of Clarke Road(Station
227+72.22); thence Northerly, along said centerline and arc of a circular curve concave Easterly,
having a radius of 3274.05 feet, a chord bearing of N.07°40'16"W. and a central angle of
15°01'08"for 858.23 feet(Station 236+30.45); thence S.89°30'18"W.,along a radial line,for
50.00 feet to the Westerly Right-of-way Line of Clarke Road and POINT OF BEGINNING;
thence Southerly, along said Westerly Right-of-way Line and arc of a circular curve concave
Easterly, having a radius of 3324.05 feet,a chord bearing of S.00°01'59"W. and a central angle
of 00°13'17"for 12.84 feet;thence N51°07'09"W. for 36.67 feet;thence N.89°38'41"W. for
240.75 feet;thence S.00°21'19"W for 32.17 feet;thence S.51°22'23"W. for 120.00 feet;thence
N.38°37'37"W. for 10.00 feet;thence N.51°22'23"E. for 111.05 feet;thence N.38°37'37"W. for
51.49 feet;thence S.89°38'41"E. for 289.88 feet;thence S.51°07'09"E. for 32.11 feet to the Point
of Beginning.
48506988-8523.3 -21-
EXHIBIT "G"
EASEMENT#5 LAND
That portion of the Southeast 'A and the Southwest 'A of Section 4, Township 22 South, Range 28
East, Orange County, Florida, described as follows:
Commence at the South A Corner of said Section 4; thence S.89°38'28"E.,along
the South Line of said Section 4, for 824.24 feet to the centerline of Clarke Road(Station
227+72.22);thence Northerly,along said centerline and arc of a circular curve concave Easterly,
having a radius of 3274.05 feet, a chord bearing of N.07°40'16"W. and a central angle of
15°01'08"for 858.23 feet(Station 236+30.45); thence S.89°30'18"W.,along a radial line, for
50.00 feet to the Westerly Right-of-way Line of Clarke Road; thence Northerly, along said
Westerly Right-of-way Line and arc of a circular curve concave Easterly,having a radius of
3324.05 feet,a chord bearing of N.00°10'59"E. and a central angle of 00°41'22"for 40.00 feet;
thence N.89°38'41"W. for 331.07 feet for a POINT OF BEGINNING;thence N.38°37'37"E. for
282.78 feet; thence S.51°22'23"W. for 175.00 feet; thence S.70°22'42"E. for 332.55 feet to the
Point of Beginning.
485069888523.3 -22-
EXHIBIT "H"
UPLAND BUFFER AND WETLANDS LAND
4850898B-35233 -23-
NaTR ST CENSER
• XUMGST 1/4
SECTION 4-22-28
IS
n
ai
t acle•O2Y 14141802E _ _
141.1E Y, I4ODf
L!�inPROAC1E0 TO FR ' 7Y in BY
uil MIS SURVEYOR RN CLOSURE PURPOSES
GRAPHIC SCALE
0
ti.
J ` I
( D1 FEET )
1 i E "Ju Inch m 100 et
SY fl
N,I TON
A PATa Of S411a 4.TOMMNIP 22 SOuM RANGE a DST,CRINGE
COUNTY,FLORIDA DENO MORE FMIIORIAY 06aEIE0 AS FOLLOWS
., COMMOKE AT TIE ROOMIEST CORNER OF THE SOUTHEAST 1/4 a'SECTION 4.
�^
1 1VWWIP 22 SSITI Rua 25 THENCE M EAST.THENM NOV2902t Ammo ME
+�.(b `NEST WE Cr SAID SOARERS,1/4 OF SAID SECTOR A A MIMICS Cr 380.27)
THE
FEET FOR PANT OFeEPNRNN TIERCE R SEOW'b_N A DISTANCE a
'Ls 2.12.51 FEET; MINCE RUT Nab'SSE A OSTNME Of 981.91 FEET MERC£
RIm Ne91e02E A DISTANCE Cr 141.15 FEET. THOSE RI. YLN•DtE A
I tt DISTANCE OF eta FEEL MM THENCE S2505'42 E A DISTANCE of 9e]5 FEET:
RUN THENCE S0219•3IE A DISTANCE OF Ha FEET RIM THENCE 50432'50b
A DISTANCE Cr 52.5e FEET NM TIER 54808VTW A MTN=OF 3480
FEET. RUN TEFICE S0773Y42*A DISTANCE Of 80.4S FEET. Ra THENCE
•i SA2S41e•E A DISTANCE OF 7727 FEET: RUN THENCE S1e'b'NY'A DISTANCE
Of 2A06 FEET:NIW TI ICC S2S.LV5'E A DISTANCE a 111E FEET, RUN
A$ Ti T 5500319E A OISTMICE a'13101 FEET RI 4 TpICE NO115'SSY A
PMORNE COTNYE M 03.29 FEET.RI TENCE NSTtr44t A DISTANCE OF"ISM FEET:
R RN THENCE 111821r08 E A OISTNICE OF 1E90 Fall RUN WINCE 5601ISYE
A 05RUNTNICE OF 5123 FEET. R TIERCE51T39S9•W A DISTANCE OF 7062
N FEET. RLN MINCE 50121.22E A OSTNICE Cf 11E54 FEET: RUN THENCE
W C. SIe2S3YW A DISTMICE a IM 74 FEET: RUN THENCE R00'21'0917 A DISTANCE
1 AW ',a OF RENT 4 FEET FFObUNo.TEMP N8O1t51M A DISTANCE OF 255.A1 FEET TO ME
a
z
E 8 r CONTAINING 6.90 ACRES
Y. Di NOTE.
0 STRUCTURE BASED a ME REST TINE OF TIE SOUTHEAST I/A
rS.S I I SMWI
OF SECTOR 9. TMN9117 22 SOUTH.RANGE 2R EAST AS BENG 50119LKT
2 ) MIS IS NOT A ECONOMY SURVEY 6r�
14521505E 'l.
} 6
`� SA
'A
Yy 19Y ppA7,
°o I 14e51535'E F i
sT Y
ay
6.90 ACRES T.
* t
°,T Ps.
R '
UIE PROJECTED TO PROPERTY UIE BY
MN ����$
s Sac FOR C09IE 9UCSaf9
SeOtyyy N8flt5"W I F�`•
2695r 2StAT
PANT of GEMMING WETLANDS SKETCH OF DESCRIPTION
�Ls SECTION 4. T225, R28E, ORANGE CO. FLORIDA
FOR. CORINTHIAN BUILDERS. INC.
MUM IT F.W ME 9COTRE MD THE CWNAL
R� MR Cr A OM9FNO IS FOR INFORMATIONAL PREPARED BY.
rwms»M R NOT OLIO mNMNEST CORNIER MIMS SURVEYING & MAPPING, INC.. LB)0)8
I TUMMY ORRY THAT TM SKETCH ISM TAaj Z SKO �4 �� 8238 FORT THOMAS WAY
BY BYRAAE e1017 THE e,Flh�lY i MCMOMOS EC1 PENT OF DaxlammlT ORLANDO, FLORIDA 32822
P2RIYT TO RECTO'477027.AMRDA STATUTES PH 407-275-6691
DWG NO. M0430A-1
'u--10.1 C .'K/ - RESURVEYED 4 FEB 05
RIMER I ws 1529e4 SCALE 1'aioO'
EXHIBIT "I"
CONDITIONS OF APPROVAL
1. The City of Ocoee is subject to the terms, provisions and restrictions of Florida Statutes
Chapter 163 concerning moratoria on the issuance of building permits under certain
circumstances. The City has no lawful authority to exempt any private entity, or itself,
from the application of such state legislation and nothing herein should be construed as
such an exemption.
2. To the extent the Land Use Plan and these Conditions of Approval conflict with the City
of Ocoee Land Development Code, the provisions of the Land Use Plan and these
Conditions of Approval shall control.
3. Each fire hydrant shall be OSHA Yellow in color and a blue reflective marker shall be
affixed to the street in the center of the lane closest to each hydrant.
4. Streetlights will be installed prior to a Certificate of Completion being issued, and the
cost of operations will be assumed in accordance with the provisions of the City of
Ocoee Land Development Code in effect at the time of issuance of a Certificate of
Completion.
5. All utilities including electrical, cable and telephone and including on-site existing
overhead wires shall be placed underground.
6. Any damage caused to any public roads as a result of the construction activities related
to the project or any portion thereof shall be promptly repaired by the owner to the
applicable government standards at the sole cost and expense of the owner.
7. The Developer is to protect and prevent any disturbance, siltation, or other construction
within the conservation areas inside the 100-year flood elevation. Those areas are to be
fenced off during construction and silt fences installed to eliminate any possible
disturbance in those areas during construction.
6. All existing structures (including buildings, power lines, existing aerial and utility
facilities) and Progress Energy easements will be removed and/or terminated prior to or
during construction of the development replacing those uses.
9. An emergency access easement to the retention ponds and over all drainage
easements shown hereon shall be dedicated to the City for emergency maintenance
purposes at the time of plan approval. The emergency access easement will not
impose any obligation, burden, responsibility or liability upon the City, to enter upon any
property it does not own or take any action to repair or maintain the drainage system on
the property.
10. Intentional Deletion
11. To the extent any lift stations are required on the property they will be conveyed to the
City at the time of platting. Lift station facilities shall be designed to accommodate a
48504988-85233 -24-
master pumping station consistent with the County's utility master plans. All such lift
stations shall be fenced with black, vinyl chain-link fence, with posts and rails painted
black, and shall be set back no less than 25'from any street. Such lift stations shall also
be screened with hedge-type shrubbery, such as viburnum or ligustrum.
12. All legal instruments, including but not limited to the property association documents
such as articles of incorporation, bylaws, and declaration of covenants and restrictions,
shall be provided to the City for review and approval prior to or at the time of plan
approval.
13. Existing trees 8" or larger (other than citrus trees or "trash" trees) located along
proposed locations of buffer walls or road right-of-way lines will be preserved if at all
possible. The buffer walls and roads will be designed around those trees to incorporate
them into required landscape buffers and as street trees.
14. In order to ensure that as many existing trees as possible will be preserved, all road
right-of-ways and retention areas will be flagged for review by the City and the Engineer
prior to any tree removal. No clearing permits will be issued for site work or building
construction until all trees to be preserved have been clearly marked with tree protection
bafflers.
15. Removal of existing trees will be limited to clearing road right-of-way and retention areas
as detailed in these plans. All existing protected trees on individual lots will be evaluated
at the time a building permit is issued for that lot, to determine whether or not each tree
needs to be removed.
16. The Developer shall construct appropriate curb cuts to enable access ramps at all
rights-of-way intersections (and other areas as reasonably required) in order to
accommodate access to sidewalks and streets for persons who are in wheelchairs and
other persons who are physically challenged. When sidewalks are constructed on
corner lots at certain locations, the sidewalks will be extended to the curb and the
appropriate ramps will then be constructed.
17. The Developer shall comply with all requirements of the City and other governmental
entities with jurisdiction to protect the wetlands being preserved and to prevent any
disturbance, siltation, or other construction below the natural wetland lines. Further, the
areas below the natural wetland lines shall be fenced off (and sift fences shall be
installed) during construction activities immediately adjacent to the wetlands, in order to
minimize disturbances of the wetlands during construction.
18. Wetland and existing surface water impact for this property is regulated by St. Johns
River Water Management District ("SJRWMD") and the Florida Department of
Environmental Protection ("FDEP"). General or Individual permits are required from
these agencies prior to commencement of construction.
19. There shall be no access from the project to any public roads except at the approved
locations shown on the plan.
20. Intentional Deletion
4850.898E-3523.3 -25-
•
•
reasonable access to the City property during the normal operating hours of business
operations.
37. Parking on the entrance way road and any extension thereof is prohibited.
38. Compliance with all applicable laws, rules, regulations and requirements of public
authority, with respect to the use and maintenance of the entrance roadway is required.
39. All Retaining Walls are to be constructed with a Decorative Block to consist of Stucco or
Split Face Block or Stackable Block System.
40. All Signage for the project shall comply with all adopted City of Ocoee signage
regulations. A separate building permit will be required for any sign installation.
41. ACCESS ROAD THROUGH THE PROPERTY, IS A PRIVATE ROAD OWNED AND
MAINTAINED BY THE PROPERTY OWNER'S, WITH ACCESS EASEMENTS
GRANTED TO THE CITY OF OCOEE.
42. The City owned retention pond tract and access road (less the portion to be conveyed to
the Developer or owner) will be incorporated by the Developer into the final subdivision
plan and plat as a separate tract owned by the City. The final subdivision plan will
provide that the City will grant on the plat an ingress/egress easement for the proposed
project roadway which crosses the City owned land. The City will join in the execution of
the plat for this purpose.
43. Notwithstanding the conveyance of any tract or easement to the City, Until such time as
improvements contemplated for said tract are commenced, the Developer shall be
responsible for maintenance of said tract or easement area.
44. Owner shall repair any damage to public sidewalks damaged by Tree Roots Originating
from the property.
485089888523.3 -27-
EXHIBIT "J"
TRANSPORTATION IMPROVEMENTS
1. A 150' northbound left turn lane from Clarke Road into the southern most entrance to the
Property.
2. A 180' southbound left turn lane from Clarke Road onto Bovington Lane.
3. A southbound deceleration/right turn lane from Clarke Road into the southernmost
entrance to the Property.
4. The widening of Clarke Road to a width sufficient to accommodate the above described
roadway improvements.
485069888523.3 _2g_