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Item #14a,b,c,d West 50 Commercial Sub. Annex. & Rezoning Ord. AGENDA ITEM STAFF REPORT Meeting Date: May 15, 2007 Item # Iyab Contact Name: Contact Number: Bobby Howell 6~ 407 -905-3100/10 4 Reviewed By: Department Director: City Manager: Subject: West 50 Commercial Subdivision Annexation and Rezoning Ordinances Project # AR-05 06-24 Commission District 3 - Rusty Johnson ISSUE: Should the Honorable Mayor and Commissioners approve annexation and rezoning ordinances for West 50 Commercial Subdivision? BACKGROUND SUMMARY: Parcel Identification Number: 30-22-28-0000-00-006 General Location: The subject property is located east of SR 429 and north of the Florida Turnpike in unincorporated Orange County. The applicant is proposing to develop a four lot commercial subdivision on the subject property and the property to the north, which is currently in the City and is zoned C-3 (General Commercial). The table below references the future land uses, zoning classifications and existing land uses of the surrounding parcels: Direction Future Land Use Zoning Classification Existing Land Use North Commercial General Commercial Vacant (C-3) East Commercial Orange County Twelve Single-Family residences AQricultural (A-1) South None, road riaht-of-way None, road riaht-of-wav Florida Turnpike West None, road riQht-of-wav None, road riaht-of-wav SR 429 Property Size: Approximately 2.25 acres. Actual land use and unique features of the subiect property: The subject property is vacant. The proposed land use is a four lot commercial subdivision. No unique features exist on the property. CONSISTENCY WITH STATE AND LOCAL REGULATIONS: Annexation: With respect to State annexation criteria, Chapter 171.044 of the Florida Statutes grants municipalities the authority to annex contiguous, compact, non-circuitous territory so long as it does not create an enclave. Annexation of the subject property will assist in eliminating an existing enclave that the subject parcel is contained within. The subject parcel is contiguous to the City limits on the north, and therefore, eligible for annexation. The applicant will be required to enter into an Annexation/Development Agreement with the City that requires construction of a project road with a 60-foot wide right-of-way. The Annexation/Development Agreement requires the project road to be completed and dedicated to the City as a public roadway prior to the issuance of a Certificate of Completion for the subdivision improvements. The agreement places limits on the types of uses that can be developed on the property. The applicant submitted a traffic impact analysis that indicates the project will not meet the requirements for concurrency, and will negatively impact State Road 50 and Bowness Avenue. Since this project does not meet the requirements for concurrency, Staff has given the applicant the option to mitigate the negative impacts caused by this project. The Annexation/Development Agreement contains a mitigation plan that includes monetary compensation to the City in the amount of $276,000 to offset the impacts to State Road 50 and Bowness Road. This contribution will be utilized for improvements to Maguire Road, Phase 5, which is the section of Maguire Road from SR 50 to Story Road. In addition to the Annexation/Development Agreement, the applicant and the City will enter into a Sewer Refunding Agreement, which requires the applicant to extend sewer lines at their expense from the existing locations along SR 50 to the subject property. This agreement contains provisions that give credits back to the applicant at such time other users utilize this portion of the extension. For more information in regards to this agreement, please refer to the attached summary from the City Attorney. Joint Planninq Area Aqreement: The subject property is located within the Ocoee-Orange County Joint Planning Area (JPA) and is being considered for annexation as outlined in the JPA Agreement. The applicant is concurrently requesting rezoning of the property to C-3 (General Commercial). Orange County has been notified of this petition in accordance with Subsection 13-A of the City of Ocoee-Orange County Joint Planning Area Agreement. Rezoninq: The applicant has requested a City of Ocoee zoning designation of C-3 (General Commercial). According to the Land Development Code, the C-3 zoning designation is intended to serve a considerably greater population and offer a wider range of services than any other commercial zoning district. The C-3 zoning designation is consistent with the adopted future land use designation of Commercial as shown on both the City of Ocoee and Orange County Joint Planning Area future land use maps, and the zoning of the northernmost parcel, which is currently in the City. The rezoning is consistent with the CRA (Community Redevelopment Area) Plan, the State Road 50 Activity Center Plan, and is best suited for commercial development that is detailed within these plans. Comprehensive Plan: The annexation is consistent with the Future Land Use Element Policy 2.5 that states in part, "The City shall consider requests for voluntary annexation into the City when those lands are logical extensions of the existing City limits, when services can be properly provided, and when proposed uses are compatible with the City's Comprehensive Plan. the JPA Aqreement. and the City's Annexation Policy...." [Emphasis added]. The rezoning is consistent with Future Land Use Element Policy 1.15 that states in part, "The City may assign an initial zoning, after annexation, which is consistent with both the Future Land Use Map and the JPA Agreement..." DISCUSSION: Annexation Feasibility & Public Facilities Analysis Report: Based upon the projected impacts of the proposed use and size of the parcels, Staff determined that urban services can be adequately provided to the subject properties. When the applicant chooses to develop the property in the future; however, they will be required to make certain improvements in accordance with the Land Development Code. (See attached "Annexation Feasibility Analysis") Summary: The proposed annexation is a logical extension of the City limits, urban services can be provided, and the annexation meets state and local regulations. The rezoning to C-3 is consistent with both the City of Ocoee and Orange County Joint Planning Area future land use maps. 2 DEVELOPMENT REVIEW COMMITTEE RECOMMENDATION: The Development Review Committee (DRC) met on March 7, 2007 to determine whether the proposed annexation was consistent with the City's regulations and policies. Based on the above analysis and subsequent discussions, the DRC recommended approval of the annexation of the West 50 Commercial Subdivision subject to the execution of an Annexation and Development Agreement. PLANNING & ZONING COMMISSION RECOMMENDATION: The Planning & Zoning Commission met on March 13, 2007 and considered the proposed annexation and rezoning of the West 50 Commercial Subdivision. Following staff's presentation, the Planning & Zoning Commission recommended unanimous approval of the Annexation and Rezoning of the West 50 Commercial Subdivision subject to the execution of an Annexation and Development Agreement. STAFF RECOMMENDATION: Based on the recommendations of the DRC and Planning & Zoning Commission, staff recommends that Honorable Mayor and City Commissioners adopt the ordinance to annex 2.25 acres of land known as the West 50 Commercial Subdivision, and also adopt the ordinance to rezone the property to C-3 (General Commercial), subject to the execution of the Annexation and Development Agreement except for the waiver from Section 6-14 C(4)(a) pertaining to building design, and the Sewer Refunding Agreement. ATTACHMENTS: Location Map Surrounding Future Land Use Map Surrounding Zoning Map Annexation Feasibility Analysis Report Annexation Ordinance Rezoning Ordinance Annexation and Development Agreement Sewer Refunding Agreement FINANCIAL IMPACT: Increase in tax base due to annexation. TYPE OF ITEM: (please mark with an "x") ~ Public Hearing _ Ordinance First Reading ~ Ordinance Second Reading Resolution _ Commission Approval Discussion & Direction For Clerk's DeDi Use: _ Consent Agenda _ Public Hearing _ Regular Agenda _ Original Document/Contract Attached for Execution by City Clerk _ Original Document/Contract Held by Department for Execution Reviewed by City Attorney Reviewed by Finance Dept. Reviewed by ( ) N/A X N/A N/A 3 West 50 Commercial Subdivision Annexation & Rezoning Location Map ~ ~ rn ~ E; ~ COLO <.D FLORIDAS TURNPIKE ON RP N MARSHALL FARMS Q <t: <.9 z 0::: w """") FLORIDAS TURNPIKE TOMYN Q Ocoee Community Development Department 1 inch equals 1,000 feet 320160 0 320 640 960 Feet Printed: March 2007 C Subject Property rrm Unincorporated Territory ~ and Other Municipalties Low Density Residential Medium Density Residential _ High Density Residential _ Professional Offices and Services _ Commercial _ Light Industrial _ Heavy Industrial _ Conservation/Floodplains Recreation and Open Space _ Public Facilities/Institutional Lakes and Water Bodies West 50 Commercial Subdivision Surrounding Future Land Use Map FLORIDAS TURNPIKE ~ ~ rf\ ~ E) .... ~ LOR Q Ocoee Community Development Department 1 inch equals 1,000 feet 340170 0 340 680 1,020 Feet Printed: March 2007 C Subject Property ~ Unincorporated Territory ~ and Other Municipalties Zoning Classification: General Agricultural (A-1) Suburban (A-2) Single-Family Dwelling (R-1AAA) Single-Family Dwelling (R-1AA) Single-Family Dwelling (R-1A) Single-Family Dwelling (R-1) One- & Two-Family Dwelling (R-2) _ Multiple-Family Dwelling (R-3) _ Mobile Home Subdivision (RT-1) _ Professional Offices & Services (P-S) Neighborhood Shopping (C-1) _ Community Commercial (C-2) _ General Commercial (C-3) Restricted Manufacturing & Warehousing (1-1) _ General Industrial (1-2) III Commercial (PUD) ~ Low Density (PUD) _ Medium Density (PUD) _ High Density (PUD) _ Public Use (PUD) /' // Unclassified Lakes and Water Bodies West 50 Commercial Subdivision Surrounding Zoning Map ~ ~ {11 :;0 o b ... ';i\ FLORIDAS TURNPIKE ON RP N FLORIDAS TURNPIKE oc ill ::2 oc o z ~ CITY OF OCOEE ANNEXATION FEASIBILITY ANALYSIS CASE NUMBER: AR-05-06-24 ApPLICANT NAME: West 50 Properties, Inc. PROJECT NAME: West 50 Commercial Subdivision This form is used to evaluate annexation requests to determine the feasibility of providing urban services tc individual properties. Each department has filled in the appropriate section and the findings arE summarized below. II. PLANNING DEPARTMENT Terry James, AICP I A. Applicant/Owner 11. Owner (if different from Applicant): B. Property Location 1. General Location: South of SR50/Colonial Drive between the Turnpike and SR429/Western Beltwav interchanQes 2. Parcel Identification Number: 30-22-28-0000-00-006 (southern most parcel) to annex; whole project includes the northern parcel that is already in the City (PIN 30-22-28-0000-00-003) and is the frontage for the southern parcel. 3. Street Address: 11890 West Colonial Drive (from northern parcel) 4. Size of Parcel: 2.25 acres C. Use Characteristics 1. Existina Use: Vacant 2. Proposed Use: Mainly retention for the northern parcel 3. Density !Intensity: Unknown. 4. Projected Population: Unknown. D. Commercial (from JPA-LUM) A-1: Agriculture n/a-parcel to be annexed. C-3: General Commercial E. Consistenc 1. Joint Plannin Area 2. Comprehensive Plan: Yes Yes III. FIRE DEPARTMENT Chief Richard Firstner 1. Estimated Response Time: 2-4 minutes 2. Distance to Prooertv: 2.3 miles from Fire Station 1 3. Fire Flow Requirements: 500 gpm III. POLICE DEPARTMENT 1. Police Patrol Zone! Grid! Area: Chief Steve Goclon South zone/Grid 116 Page 1 of 3 Applicant Name: West 50 Properties Project Name: West 50 Commercial Subdivision Case #: AR 05-06-24 2. Estimated Response Time: 4-5 minutes 3. Distance to Property: Approx. 5 miles. 4. Averaae Travel Time 10-15 minutes I IV. ECONOMIC VALUE Terry James, AICP 1. Property Appraiser Taxable Value: $ 283,550 2. Property Appraiser Just Value $ 283,550 3. Estimated City Ad Valorem Taxes: Unknown 4. Anticipated Licenses & Permits: Unknown 5. Potential Impact Fees: Unknown 6. Total Proiect Revenues: Unknown BUILDING DEPARTMENT 1. Within the 100- ear Flood Plain: Terry James, AICP No I VI. UTILITIES David Wheeler, P.E. t A. Potable Water 1. In Ocoee Service Area: Yes 2. City Capable of Serving Area: Yes 3. Extension Needed: Yes 4. Location and Size of Water on the south side of SR50/12 inch line. Nearest Water Main: B. San ita Sewer 1. In Ocoee Service Area: 2. Ci Ca able of Servin Area: 3. Extension Needed: 4. Location and Size of Nearest Force Main: 5. Annexation A reement Needed: Yes Yes Yes Economic Court & SR50/8 inch gravity main. Yes r c. Other 1. Utility Easement Needed: Yes 2. Private Lift Station Needed: Yes 3. Well Protection Area Needed: No I VII. TRANSPORTATION Terry James, AICP 1. Paved Access: Yes 2. ROW Dedication: Yes in reference to the widening of SR50 to six lanes. 3. Traffic Study: Yes 4. Traffic Analvsis Zone: 622 Page 2 of 3 Applicant Name: West 50 Properties Project Name: West 50 Commercial Subdivision Case #: AR 05-06-24 I VIII. PRELIMINARY CONCURRENCY EVALUATION Terry James, AICP At the time of this analysis, sufficient roadway capacity existed to A. Transportation: accommodate the proposed annexation. This condition may change and will be subject to an official concurrency evaluation during the site plan approval process. n/a - non-residential use. B. Parks I Recreation: At the time of this analysis, sufficient water/sewer capacity existed to C. Water I Sewer: accommodate the proposed annexation. This condition may change and will be subject to an official concurrency evaluation during the site plan approval process. The applicant will be required to handle stormwater retention on-site. D. Stormwater: At the time of this analysis, sufficient solid waste capacity existed to E. Solid Waste: accommodate the proposed annexation. This condition may change and will be subject to an official concurrency evaluation during the site plan approval process. To be determined upon development. F. Impact Fees: I IX. SITE SPECIFIC ISSUES All Departments I This site will be required to enter into an Annexation and Development Agreement, and Sewer Refunding Agreement. Ix. CONSISTENCY WITH STATE REGULATIONS: Terry James, AICP I The property is contiguous with the City Limits and lessens an enclave; therefore this annexation is consistent with Ch. 171.043(1) & (2), Florida Statutes. Note: Fire Dept. response based on the time/distance to the frontage property. Page 3 of 3 ORDINANCE NO. (Annexation Ordinance for West 50 Commercial Subdivision) TAX PARCEL ID #s 30-22-28-0000-00-006 CASE NO. AR-05-06-24: West 50 Commercial Subdivision AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ANNEXING INTO THE CORPORATE LIMITS OF THE CITY OF OCOEE, FLORIDA, CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 2.249 ACRES LOCATED APPROXIMATELY 586 FEET SOUTH OF STATE ROAD 50, AND TO THE EAST AND NORTH OF THE FLORIDA TURNPIKE PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNER; FINDING SAID ANNEXATION TO BE CONSISTENT WITH THE OCOEE COMPREHENSIVE PLAN, THE OCOEE CITY CODE, AND THE JOINT PLANNING AREA AGREEMENT; PROVIDING FOR AND AUTHORIZING THE UPDATING OF OFFICIAL CITY MAPS; PROVIDING DIRECTION TO THE CITY CLERK; PROVIDING FOR SEVERABILITY; REPEALING INCONSISTENT ORDINANCES; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Section 171.044, Florida Statutes, the owner of certain real property located in unincorporated Orange County, Florida, as hereinafter described, has petitioned the City Commission of the City of Ocoee, Florida (the "Ocoee City Commission") to annex said real property into the corporate limits of the City of Ocoee, Florida; and WHEREAS, the Ocoee City Commission has determined that said petition bears the signatures of all owners of the real property proposed to be annexed into the corporate limits of the City of Ocoee, Florida; and WHEREAS, notice of the proposed annexation has been published pursuant to the requirements of Section 171.044(2), Florida Statutes, and Section 5-9(E) of Article V of Chapter 180 of the Code of Ordinances of the City ofOcoee (the "Ocoee City Code"); and WHEREAS, on February 11, 1994, Orange County and the City ofOcoee entered into a Joint Planning Area Agreement (the "JPA Agreement") which affects the annexation of the real property hereinafter described; and WHEREAS, the Planning and Zoning Commission of the City of Ocoee, Florida, has reviewed the proposed annexation and found it to be consistent with the Ocoee Comprehensive Plan, to comply with all applicable requirements of the Ocoee City Code, to be consistent with the JP A Agreement, as amended, and to be in the best interest of the City of ORLA_381673.1 -1- Ocoee and has recommended to the Ocoee City Commission that it approve said annexation petition; and WHEREAS, the Ocoee City Commission has the authority, pursuant to Section 171.044, Florida Statutes, to annex said real property into its corporate limits upon petition of the owners of said real property; and WHEREAS, the Ocoee City Commission is desirous of annexing and redefining the boundary lines ofthe City of Ocoee, Florida, to include said real property. NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: Section 1. The Ocoee City Commission has the authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida, Chapters 166 and 171, Florida Statutes, and Section 7 of Article 1 of the Charter of the City of Ocoee, Florida. Section 2. The Ocoee City Commission hereby finds that the petition to annex certain lands, as hereinafter described, into the corporate limits of the City of Ocoee, Florida, bears the signatures of all owners of the real property proposed to be annexed into the corporate limits of the City of Ocoee, Florida. Section 3. The following described real property located in unincorporated Orange County, Florida, is hereby annexed into the corporate limits of the City of Ocoee, Florida: SEE EXHIBIT "A" ATTACHED HERETO AND BY THIS REFERENCE MADE APART HEREOF Section 4. A map of said land herein described which clearly shows the annexed area is attached hereto as EXHIBIT "B" and by this reference is made a part hereof. Section 5. The Ocoee City Commission hereby finds that the annexation of said land herein described is consistent with the Ocoee Comprehensive Plan and the JP A Agreement and meets all of the requirements for annexation set forth in the Ocoee Comprehensive Plan, the JP A Agreement, and the Ocoee City Code. Section 6. The corporate territorial limits of the City of Ocoee, Florida, are hereby redefined to include said land herein described and annexed. Section 7. The City Clerk is hereby authorized to update and supplement official City maps of the City of Ocoee, Florida, to include said land herein described and annexed. Section 8. The land herein described and future inhabitants of said land herein described shall be liable for all debts and obligations and be subject to all species of taxation, laws, ordinances, and regulations of the City of Ocoee, Florida, and be entitled to the same privileges and benefits as other areas of the City of Ocoee, Florida. ORLA_381673.1 -2- Section 9. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity ofthe remaining portion hereto. Section 10. All ordinances or parts of ordinances in- conflict herewith are hereby repealed. Section 11. This Ordinance shall take effect upon passage and adoption. Thereafter the City Clerk is hereby directed to file a certified copy of this Ordinance with the Clerk of the Circuit Court and the Chief Administrative Officer of Orange County, Florida and with the Florida Department of State within seven (7) days from the date of adoption. PASSED AND ADOPTED this _ day of APPROVED: ,2007. ATTEST: CITY OF OCOEE, FLORIDA Beth Eikenberry, City Clerk S. Scott Vandergrift, Mayor (SEAL) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APPROVED AS TO FORM AND LEGALITY THIS DAY OF , 2007 ADVERTISED AND READ FIRST TIME , 2007. READ SECOND TIME AND ADOPTED ,UNDER AGENDA ITEM NO. FOLEY & LARDNER LLP By: City Attorney ORLA_381673.1 -3- EXHIBIT" A" Legal Description of Annexed Area Commencing at the Northwest corner of Section 30, Township 22 South, Range 28 East, Orange County, Florida; thence run SOo020'48"E, a distance of 661.32 feet; thence run N89031'31"E, a distance of 741.79 feet to the Point of Beginning; thence continue Easterly along said line, a distance of 580.18 feet; thence run SOo020'40"E, a distance of 306.93 feet; thence run N66056'24"W, a distance of 252.62 feet; thence run N61 051 '30"W, a distance of 363.97 feet; thence run N42015'55"W, a distance of 42.57 feet to the Point of Beginning. ORLA_381673.1 -4- EXHIBIT "B" Map of Annexed Area West 50 Commercial Subdivision Annexation & Rezoning Location Map FLORIOf>.s TURNPIKE ON RP N FLOR1DAS TURNPIKE MARSHALL FARMS TOMYN e ORLA_381673.1 -5- ORDINANCE NO. (Rezoning Ordinance for West 50 Commercial Subdivision) T AX PARCEL ID #s 30-22-28-0000-00-006 CASE NO. AR-05-06-24: West 50 Commercial Subdivision AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING CLASSIFICATION FROM ORANGE COUNTY A-I, "GENERAL AGRICULTURE" TO OCOEE C-3, "GENERAL COMMERCIAL," ON CERTAIN REAL PROPERTY CONT AINING APPROXIMATELY 2.249 ACRES LOCATED APPROXIMATELY 586 FEET SOUTH OF ST ATE ROAD 50, AND TO THE EAST AND NORTH OF THE FLORIDA TURNPIKE PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNERS; FINDING SUCH ZONING TO BE CONSISTENT WITH THE OCOEE COMPREHENSIVE PLAN; PROVIDING FOR AND AUTHORIZING THE REVISION OF THE OFFICIAL CITY ZONING MAP; REPEALING INCONSISTENT ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the owner or owners (the "Applicant") of certain real property located within the corporate limits of the City of Ocoee, Florida, as hereinafter described, have submitted an application to the City Commission of the City of Ocoee, Florida (the "Ocoee City Commission") to rezone said real property (the "Rezoning"); and WHEREAS, the Applicant seeks to rezone certain real property containing approximately 2.249 acres, more particularly described in Exhibit" A" attached hereto and by this reference made a part hereof, from Orange County A-I, "General Agriculture," to Ocoee C-3, "General Commercial;" and WHEREAS, pursuant to Section 5-9(B) of Chapter 180 of the Code of Ordinances of the City of Ocoee, Florida (the "Ocoee City Code"), the Director of Planning has reviewed said Rezoning application and determined that the Rezoning requested by the Applicant is consistent with the 1991 City of Ocoee Comprehensive Plan as set forth in Ordinance #91-28, adopted September 18, 1991, as amended (the "Ocoee Comprehensive Plan"); and WHEREAS, the Rezoning requested by the Applicant is consistent with the Joint Planning Area Agreement entered into February 11, 1994 by and between Orange County and the City of Ocoee, as amended (the "JPA Agreement"); and WHEREAS, pursuant to the provisions of Section 6(B) of the JPA Agreement, the City has the authority to establish zoning for the real property hereinafter described and to immediately ORLA_381682.1 exercise municipal jurisdiction over said real property for the purposes of Part II of Chapter 163, Florida Statutes; and WHEREAS, said Rezoning application was scheduled for study and recommendation by the Planning and Zoning Commission of the City of Ocoee, Florida (the "Planning and Zoning Commission"); and WHEREAS, on March 13, 2007 the Planning and Zoning Commission held a public hearing and reviewed said Rezoning application for consistency with the Ocoee Comprehensive Plan and determined that the Rezoning requested by the Applicant is consistent with the Ocoee Comprehensive Plan, and is in the best interest of the City and recommended to the Ocoee City Commission that the zoning classification of said real property be rezoned as requested by the Applicant, and that the Ocoee City Commission finds that the Rezoning requested by the Applicant is consistent with the Ocoee Comprehensive Plan; and WHEREAS, on , 2007 the Ocoee City Commission held a de novo advertised public hearing with respect to the proposed Rezoning of said real property and determined that the Rezoning is consistent with the Ocoee Comprehensive Plan; and WHEREAS, this Ordinance has been considered by the Ocoee City Commission in accordance with the procedures set forth in Section 166.041 (3)(a), Florida Statutes. NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: SECTION 1. AUTHORITY. The Ocoee City Commission has the authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida and Chapters 163 and 166, Florida Statutes. SECTION 2. REZONING. The zoning classification, as defined in the Ocoee City Code, of the Property described in Exhibit" A" containing approximately 2.249 acres located within the corporate limits of the City of Ocoee, Florida, is hereby changed from Orange County A-I, "General Agriculture," to Ocoee C-3, "General Commercial." A map of said land herein described which clearly shows the area of Rezoning is attached hereto as Exhibit "B" and by this reference is made a part hereof. SECTION 3. COMPREHENSIVE PLAN. The City Commission hereby finds the Rezoning of the lands described in this Ordinance to be consistent with the Ocoee Comprehensive Plan. SECTION 4. ZONING MAP. The City Clerk is hereby authorized and directed to revise the Official Zoning Map of the City of Ocoee in order to incorporate the Rezoning enacted by this Ordinance and the Mayor and City Clerk are hereby authorized to execute said revised Official Zoning Map in accordance with the provisions of Section 5-1(G) of Article V of Chapter 180 of the Ocoee City Code. 2 ORLA_381682.1 SECTION 5. CONFLICTING ORDINANCES. All ordinances or parts of ordinances in conflict herewith are hereby repealed and rescinded. SECTION 6. SEVERABILITY. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion hereto. SECTION 7. EFFECTIVE DATE. This Ordinance shall take effect immediately upon passage and adoption. PASSED AND ADOPTED this day of ,2007. ATTEST: APPROVED: CITY OF OCOEE, FLORIDA Beth Eikenberry, City Clerk S. Scott Vandergrift, Mayor (SEAL) ADVERTISED ,2007 READ FIRST TIME , 2007. READ SECOND TIME AND ADOPTED ,2007. Under Agenda Item No. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA. APPROVED AS TO FORM AND LEGALITY This day of , 2007. FOLEY & LARDNER LLP By: City Attorney 3 ORLA_381682.1 EXHIBIT "A" Legal Description of Rezoned Area Commencing at the Northwest corner of Section 30, Township 22 South, Range 28 East, Orange County, Florida; thence run SOo020'48"E, a distance of 661.32 feet; thence run N89031'31"E, a distance of 741.79 feet to the Point of Beginning; thence continue Easterly along said line, a distance of 580.18 feet; thence run SOo020'40"E, a distance of 306.93 feet; thence run N66056'24"W, a distance of 252.62 feet; thence run N61 051 '30"W, a distance of 363.97 feet; thence run N42015'5S'W, a distance of 42.57 feet to the Point of Beginning. 4 ORLA_381682.1 EXHIBIT "B" Map of Rezoned Area West 50 Commercial Subdivision Annexation & Rezoning Location Map FlORIDAS TURNPIKE ();II RP N MARSHAll. FARMS e ORLA_381682.1 FLORIDAS TURNPIKE 5 ~~ ct :J: ~ TOMYN THIS INSTRUMENT PREPARED BY: Paul E. Rosenthal, Esq. FOLEY & LARDNER LLP III North Orange Avenue, Suite 1800 Post Office Box 2193 Orlando, FL 32802-2193 (407) 423-7656 AFTER RECORDING RETURN TO: Beth Eikenberry, City Clerk CITY OF OCOEE 150 North Lakeshore Drive Ocoee, Florida 34761 ANNEXATION AND DEVELOPMENT AGREEMENT THIS ANNEXATION AGREEMENT (this "Agreement") is made and entered into as of the _ day of May, 2007 (the "Effective Date"), by and between the CITY OF OCOEE, a Florida municipal corporation (hereinafter referred to as the "City"), whose mailing address is ] 50 North Lakeshore Drive, Ocoee, Florida 34761, and WEST 50 PROPERTIES, a Florida General Partnership (hereinafter referred to as the "Owner"), whose mailing address is 1411 Edgewater Drive, Suite 101, Orlando, Florida 32804. RECITALS WHEREAS, the Owner owns fee simple title to certain property located in Orange County, Florida that, prior to the City of Ocoee City Commission's adoption of Ordinance No. was outside the corporate tcnitorial limits of the City, said property being more particularly described as Parcel I on Exhibit "A" attached hereto and by this reference made a part hereof ("Parcell"); and WHEREAS, the Owner owns fee simple title to certain property located in Orange County, Florida that is adjacent to Parcel 1 and within the corporate tenitorial limits of the City, said property being more particularly described as Parcel 2 on Exhibit II A II attached hereto and by this reference made a part hereof ("Parcel 2") (together, Parcell and Parcel 2 are the "Property"); and WHEREAS, pursuant to Section 171.044, Florida Statutes, the Ownt.'T has petitioned the City Commission of the City (the "Ocoee City Commission") to voluntarily annex Parcell into the corporate limits of the City (the "Petition"); and WHEREAS, the Owner has submitted to the City an application tor approval of a Preliminary/Final Subdivision Plan for the West 50 Commercial Subdivision (the "P/FSP Application"); and, WHEREAS, the Planning and Zoning Commission has held a public hearing to review the Petition and at such hearing found the annexation of Parcel 1 to be consistent with the Ocoee ORLA_387202.10 5/9/07 Comprehensive Plan and Joint Planning Area Agreement between the City and Orange County (the "JPA Agreement"), and has recommended that the Ocoee City Commission annex Parcell into the corporate limits of the City; and WHEREAS, the Planning and Zoning Commission has held a public hearing to review the proposed preliminary/final subdivision plan and has recommended that the Ocoee City Commission approve such plan subject to additional conditions, if any, recommended by the Planning and Zoning Commission; and WHEREAS, pursuant to the application of the Owner, of even date herewith the Ocoee City Commission approved, subject to the execution of this Agreement and a certain Sewer Refunding Agreement of even date herewith between the Owner and City (the "Sewer Refunding Agreement"), the Preliminary/Final Subdivision Plan for West 50 Commercial Subdivision, as prepared by American Civil Engineering Co. and being date stamped as received by the City on April 20, 2007, with such additional revisions thereto, if any, as may be reflected in the minutes of said City Commission meeting (collectively, the "Final Plan"); and WHEREAS, the Ocoee City Commission has reviewed the proposed annexation and found the proposed annexation to be consistent with the Ocoee Comprehensive Plan and the JP A Agreement; and WHEREAS, the City has determined that the execution of this Agreement is essential to the public health, safety and welfare and the ability of the City to plan for the development of the Property in accordance with the Final Plan; and WHEREAS, the City has determined that, subject to the tenns, conditions and limitations hereinafter set forth and the execution of this Agreement and the Sewer Refunding Agreement, it is feasible to extend municipal services to the Property on the same terms and conditions afforded to all property owners within the City except to the extent set forth in this Agreement and the Sewer Refunding Agreement; and WHEREAS, the City has conducted an Annexation Feasibility & Public Facilities Analysis with respect to the annexation of Parcell and determined that this Agreement and the annexation of the Parcell is consistent with the goals, objectives and policies of the Ocoee Comprehensive Plan; and WHEREAS, the Owner and City desire to execute this Agreement in order to evidence their mutual agreement as to certain matters related to the developml."Ilt of the Property and as a condition to the approval of the Final Plan by the City. NOW, THEREFORE, in consideration of the mutual premises hereof, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: ORLA_3B7202.10 ~2~ SECTION 1. RECITALS. The above recitals are true and correct and are incorporated herein by this reference. All capitalized tenns not othelWise defined herein shall be as defined or described on the Final Plan, unless otht.'TWise indicated. SECTION 2. DEVELOPMENT APPROVALS. Nothing herein will be construed to grant or waive on behalf of the City any development approvals that may be required in connection with the Final Plan or the Owner's development of the Property. Notwithstanding this Agreement, the Owner must comply will all applicable procedures and standards related to the development of the Property. SECTION 3. ANNEXATION OF PARCEL 1. Subject to the execution of this Agreement and the Sewer Agreement by the City, the Ocoee City Commission has adopted Ordinance No. for Case No. AR-05 06-24 thereby redefining the corporate territorial limits of the City to include Parcell. SECTION 4. DEVELOPMENT OF THE PROPERTY. A. The Owner hereby agrees to develop the Property in accordance with the Final Plan and all permits and approval issued by the City and other governmental entities with respect to the Property. As of the date hereof, the Final Nan has been approved by the City, such Final 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 "B" and by this reference made a part hereof (the "Conditions of Approval"). The Owner further agrees to comply with all of the terms and provisions of the Conditions of Approval. The Conditions of Approval attached hereto as Exhibit "B" are the same Conditions of Approval set forth in the Final Plan. C. Except as otherwise expressly set forth in this Agreement, the Sewer Agreement and the Final Plan, it is agreed that all preliminary and final site plans for the Property, or any portion thereot: shall conform to the Ocoee Land Development Code requirements in effect at the time of approval of any such plans. In the event of any conflict between the provisions of the Ocoee Land Development Code, as it may from time to time be amended, and this Agreement, it is agreed that the provisions of this Agreement shall control. SECTION S. WAIVERS FROM THE OCOEE LAND DEVELOPMENT CODE. As part of the approval of the Final Plan, the Owner has been granted waivers from the requirements of the Ocoee Land Development Code, said waivers being set forth in Exhibit "C" attached hereto and by this reference made a part hereof (the "Waivers"). SECTION 6. ON-SITE TRANSPORT A TION AND UTILITY IMPROVEMENTS. A. Prior to the effective date of this Agreement, the Owner has entered into with the State of Florida Department of Transportation, District V (the "DOT') a certain Advanced Acquisition Agreement dated May 9,2006 (the "DOT Agreement). The DOT Agreement provides for the Owner to design, engineer, permit and build the "Project Road" (as defined in the DOT ORL^-387202.10 -3- Agreement). All references herein to the Project Road shall include the construction of the water retention area referenced in Section 3 of the DOT Agreement. The Project Road shall have a 60 foot wide right-of~way. As a material inducement to the City to annex Parcel 1 and approve the Final Plan, the Owner hereby agrees (a) to fully comply with its obligation under the DOT Agreement, (b) to diligently apply for and obtain all necessary permits for the Project Road and to commence construction of the Project Road as soon as all necessary permits have been issued, and (c) following commencement of construction of the Project Road to diligently proceed with the completion thereof in accordance with the terms of the DOT Agreement and the Final Plan. The parties hereto acknowledge that the Final Plan includes the design and engineering for the Project Road. The Project Road shall be completed and dedicated to the City as a public roadway prior to issuance of a Certificate of Completion for the subdivision improvements. Neither the Owner nor any other person or entity shall be entitled to any road impact fee credits or other compensation of any kind from the City for, on account of, or with respect to the Project Road and the Owner's compliance with the requirements of this section. B. The Property will connect with sanitary sewer in accordance with City of Ocoee standards, the Final Plan and the West SR 50 Development Wastewater Plan approved by the Ocoee City Commission on May 1, 2007. Contemporaneously herewith, the City and the Owner are entering into the Sewer Refunding Agreement with respect to the provision of off-site sewer transmission capacity necessary for the development of the Property in accordance with thc Final Plan. SECTION 7. OFF-SITE TRANSPORTATION MITIGATION. A. The Owner has submitted to the City a Traffic Impact Analysis for West SR 50 Commercial Subdivision prepared by Traffic Planning and Design, Inc. dated Revised April 2007 (the "Traffic Study"). The Traffic Study is premised upon the Property being developed with 4 commercial lots, 65,000 square feet of self-storage, a 7,000 square foot high turnover sit-down restaurant, a 20,000 square foot retail center, and a 250 room hotel (the "Owner's Proposed Development"). The Traffic Study indicates that, when taking into account the Owner's Proposed Development, certain impacted roadway segments and intersections will not meet their adopted Level of Service by the year 2010 (the "Roadway Deficiencies"). In order to address the Roadway Deficiencies, the Owner agrees, at the Owner's expense, to implement a strategy as set forth in Section 7(B) below to accommodate or mitigate the additional traffic created by the Owner's Proposed Development. B. In order to comply with the requirements of Article IX of the City's Land Development Code entitled Concurrency and as a material inducement to the City to approve the Final Plan and thereafter issue a Final Certificate of Concurrency for the development of the Property, the Owner hereby agrees to the City the sum of TWO HUNDRED SEVENTY-SIX THOUSAND AND NO/tOO DOLLARS ($276,000.00) (the "Traffic Mitigation Payment"). The Traffic Mitigation Payment will be used by the City exclusively for the payment of construction costs associated with its project known as "Maguire Road Phase 5". The Traffic Mitigation Payment may be paid by the Owner on a Lot by Lot basis at any time prior to the issuance of a building permit for the construction of a building on each Lot to be .developed within the Property, such payment being made in accordance with the lot allocation schedule set forth in Exhibit "D" ORLA_3B7202.10 -4- attached hereto and by this reference made a part hereof. Notwithstanding the foregoing, any unpaid balance of the Trafl1e Mitigation Payment shall be due and payable by the Owner to the City on the earlier of (i) three (3) years from the Effective Date, or (ii) thirty (30) days after the date on which the City receives sealed bids for the construction of Maguire Road Phase 5 and gives written notice thereof to the Owner. C. N either the Owner nor any other person or entity shall be entitled to any road impact fee eredits or other compensation of any kind for, on aecount of: or with respect to the Traffic Mitigation Payment set forth above and the Owner's compliance with the requirements of this section. D. The parties hereto recognize that the Owner's Proposed Development of the Property has been determined to meet the City's requirements for transportation concurrency based upon the transportation mitigation plan set forth above and that a more intense development of the Property than that assumed by the Traffic Study could adversely afTect the transportation concurrency review undertaken by the City and subject the Property to further transportation concurrency review and require an updated traffic study. SECTION 8. PERMITTED USES: PROHIBITED USES. As a material inducement to the agreement of the City to annex Parcell, the Owner agrees that the Property will be developed in accordance with those uses permitted in Table 5-1 of the City of Ocoee Land Development Code as specified in the "C-3", General Commercial District, except for the following uses which are expressly prohibited on the Property: adult entertainment establishment; automotive body repair; automobile parking lot; a\.!.tomobile repair; automobile sales (new and used); automobile service station; automotive wre.eking or salvage yards; bus terminal; equipment sales; furniture repair and upholstery; heating and air conditioning sales and service with outside storage; heating, ventilating, and/or plumbing supplies, sales and service; hospital; miniature golf course/driving range; mobile home and travel trailer sales; monument sales; motor vehicle wholesale; movie theater; pawn shop; pre-fabricated house sales; printing, book binding, lithograph and publishing plants; recreational vehicle park; sign painting shop; veterinary hospitals and kennels; and, golf course/country club. The following uses will be permitted subiect to the listed conditions: Car wash (enclosed automated with full service detailing); self-storage warehouse (climate controlled structure with architecturally upgraded design); drive-in restaurant (but excluding those that would be typically considered "fast- food" similar to McDonald's, Burger King, Wendy's, Hardees, and Checkers). SECTION 9. NOTICE: PROPER FORM. Any notices required or allowed to be delivered shall be in writing and be deemed to be delivered (1) when hand delivered to the official hereinafter designated, or (2) upon receipt of such notiCe when deposited in the United State.s mail, postage prepaid, certified mail, return receipt requested, addressed to the party at the address set forth opposite the party's name below, or at such other address as the party shall have specified by written notice to the other party delivered in accordance herewith. OWNER: West 50 Properties 141 I Edgewater Drive, Suite 101 Orlando, Florida 32804 Attention: Thomas Hewitt ORLA_387202.10 -5- CITY: City of Ocoee 150 North Lakeshore Drive Ocoee, Florida 3476] Attention: City Manager SECTION 10. DEFAULT. Each of the parties hereto shall give the other party written notice of any default hereunder and shall allow the defaulting party thirty (30) days from the date of its receipt of such notice within which to cure any such defaults or to commence and thereafter diligently pursue to completion good faith efforts to effect such cure and to thereafter notify the other parties of the actual cure of any such defaults. Both the City and the Owner shall have the right to enforce this Agreement by an action for specific performance. SECTION 11. BINDING AGREEMENT ON SUCCESSORS. This Agreement shall be binding upon and shall inure to the benefit of the O\\'l1er, the City, and their respective successors and assigns and shall run with the land. SECTION 12. RECORDATION. The parties hereto agree that this Agreement shall be recorded in the Public Records of Orange County, Florida, at the expense of the Owner. SECTION 13. APPLICABLE LAW. This Agreement and the provisions contained herein shall be construed, controlled, and interpreted according to the laws of the State of Florida. SECT,ION 14. 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 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 contlrm and/or effectuate the obligations of either party hereunder. SECTION 16. SEVERABILITY. If any part of this Agreement is found invalid or unenforceable by any court, such invalidity or unenforceabiIity shall not affect the other part of this Agreement if the rights and obligations of the parties contained therein are not materially prejudiced and if the intentions of the parties can continue to be effected. SECTION 17. RECOVERY OF ATTORNEYS' COSTS AND FEES. In connection with any litigation between the City and the Owner, including appellate proceedings arising out of this Agreement or the violation of any law, rule, regulation, ordinance, resolution, or permit, the prevailing party shall be entitled to recover from the other party reasonable attorneys' fees, paralegal fees, and costs hereunder, whether incurred prior to, during or subsequent to such court proceedings, on appeal or during any bankruptcy proceedings. SECTION 18. ENTIRE AGREEMENT. This instrument and its exhibits constitute the entire Agreement between the parties and supersedes all previous discussions, understandings, and agreements between the parties relating to the subject matter of this Agreement; provided, however, ORLA_3B7202.10 -6. that it is agreed that this Agreement is supplemental to the Final Plan and the Sewer Refunding Agreement and does not in any way rescind or modify any provisions of the Final Plan and/or the Sewer Refunding Agreement. Amendments to and waivers of the provisions herein shall be made by the parties in writing by formal amendment which shall be recordcd in the Public Records of Orange County, Florida at the Owner's expense. SECTION 19. COUNTERPARTS. This Agreement and any amendments hcreto may be executcd in any number of counterparts, each of which shall be deemcd an original instrument, but all such counterparts together shall constitute one and the same instrument. SECTION 20. EFFECTIVE DATE. This Agret..'fficnt shall first be executed by the Owner and submittcd to the City for approval by the Ocoee City Commission. Upon approval by the Ocoee City Commission, this Agreement shall be executed by the City. The Effective Date of this Agreement shall be the date of execution by the City. [BALANCE OF PAGE IS INTENTIONALLY BLANK] ORLA_3872D2.1D -7- IN WITNESS WHEREOF, the City and Owner have caused this Agreement to be duly executed and made effective as of the Etfective Date. Signed, sealed and delivered in the presence of: "CITY" CITY OFOCOEE, a Florida municipal corporation By: Signature S. Scott Vandergrift, Mayor Attest: Beth Eikenberry, City Clerk PrinVType Name Signature (SEAL) Print/Type Name FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA. APPROVED AS TO FORM AND LEGALITY this _ day of May, 2007. FOLEY & LARDNER LLP APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING HELD ON MAY ----,Z007UNDER AGENDA ITEM NO. By: City Attorney ORLA_387202.10 -8- Signed, sealed and delivered in the presence of: "OWNER" WEST 50 PROPERTIES a Florida General Partnership By: Signature Robert W. Hewitt, General Partner PrintfType Name Signature PrintfType Name STATE OF COUNTY OF I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgements, personally appeared ROBERT W. HEWITT, as General Partner of WEST 50 PROPERTIES, a Florida General Partnership, who [ ] is personally known to me, or [ ] produced as identification, and that he acknowledged executing the foregoing instrument on behalf of said partnership, in the presence of two subscribing witnesses, freely and voluntarily under authority duly vested in him. WITNESS my hand and official seal in the County and State last aforesaid this _ day of ,2007. Signature of Notary Name of Notary (Typed, Printed or Stamped) Commission Number (if not legible on seal): My Commission Expires (if not legible on seal): ORLA_387202.10 -9- STATE OF FLORIDA COUNTY OF ORANGE I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgements, personally appeared S. SCOTT VANDERGRIFf and BETH EIKENBERRY, personally known to me to be the Mayor and City Clerk, respectively, of the CITY OF OCOEE, a Florida municipal corporation, and that they severally acknowledged executing the same on behalf of said municipality 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 ~~.______, 2007. Signature of Notary Name of Notary (Typed, Printed or Stamped) Commission Number (if not legible on seal): My Commission Expires (if not legible on seal): ORLA_387202.10 -10- EXHIBIT "A II The Property LEGAL DESCRIPTION Parcell: PARCEL In: 30-22-28-0000-00-006 Commencing at the Northwest comer of Section 30, Township 22 South, Range 28 East, Orange County, Florida; thence run SOoo20'48"E, a distance of 661.32 feet; thence run N89031 '31 "E, a distance of 741. 79 feet to the Point of Beginning; thence continue Easterly along said line, a distance of 580.18 feet; thence run SOo020'40"E, a distance of 306.93 feet; thence run N66056'24W, a distance of 252.62 feet; thence run N61 051 '30"W, a distance of 363.97 feet; thence run N42015'55"W, a distance of 42.57 feet to the Point of Beginning. Containing 2.249 acres (97,951.24 square feet), more or less. Parcel 2: PARCEL 10: 30-22-28-0000-00-003 The North Y2 of the Northwest l4 of the Northwest l4 of Section 30, Township 22 South, Range 28 East, Orange County, Florida; LESS State Road 50 right of way on North & LESS begin 10 chains South and 6.3 chains East of the Northwest comer of said Section 30; thence run North 26.4 feet; then ron East 46.20 feet; thence run South 26.40 feet; thence run West 46.20 feet & LESS North 210.00 feet of the West 154.00 feet of the Northwest l4 of the Northwest y.; of said Section 30 lying South of State Road 50 & LESS commence at the Northwest comer of the Northwest y.; of said Section 30; thence run South 77.69 feet; thence run South 583.63 feet to the Pont of Beginning; thence run East 415.80 feet; thence run North 26.40 feet; then run East 46.20 feet; thence run South 26.40 feet; thence ron East 279.78 feet; thence run N42000'00" W 134.90 feet; thence run N22000'00" W 363.86 feet; thence NI7000'00" W 156.04 feet; thence run West 36.69 feet; thence run Westerly 275.84 feet; thence ron South 210.00 feet; thence run West 154.00 feet; thence run South 373.63 feet to the Point of Beginning. ORLA_387202.10 -11- EXHIBIT "B" Conditions of Approval 1. The Owner agrees not to undertake any development within the "Frontage Strip" (as defined in the DOT Agreement). All setback and butTer requirements for the development of the Property will be measured from the southern boundary of the Frontage Strip. 2. Notwithstanding the conveyance of the Frontage Strip from the Owner to FOOT, the Owner will continue to maintain and keep in good repair the Frontage Strip until such time that FOOT begins construction of right-of-way improvements on the Frontage Strip. 3. The Owner will construct, in accordance with FOOT standards, the two access points to the Property as follows: Access Point No.1, as depicted on the Final Plan, will be located across State Road 50 from and aligned with the entrance to that parcel of property identified by Property Tax Identification No. 19-22-28-0000-00-054 (the t1Manheim Parcel"). This access point will consist of a right-inlright-out traffIc configuration with a right turn deceleration lane along with a directional median for left-turn access from the westbound lanes of State Road 50, or as otherwise approved by FDOT. Access Point No.2, as depicted on the Final Plan, will be located approximately 300 feet east of Access Point No.1, or as otherwise permitted by DOT. This access point will consist of a right-inlright-out traffIc configuration with a right turn deceleration lane, and no median opening within State Road 50. The Owncr reserves the right to relocate Access Point No.2 farthcr east so long as all lots are at least one (1) acre in size and the FDOT will pemlit such access. The Owner will be responsible for all construction costs associated with these two access points, and will not receive City impact fee credits. 4. Upon written request from the City, the Owner will grant to the City a I a-foot utility casement along the entire southern boundary of the Frontage Strip. In addition, a 25-foot landscape buffer will be provided as required by the City, and located coterminous with the required utility easement. Owncr shall be allowed to place required landscaping within the 1 a-foot utility easement with understory and overstory trees placed within the remaining 15 feet of the 25 foot buffer. 5. There will be joint and cross access between Lot 2 and Lot 3 as depicted on the Final Plan. All cross access points will be sufficient distance from State Road 50 and the Project Road, as determined by the City, in order to address any traffic backup at such cross access points that could adversely affect the traffic at Access Points I and 2. 6. The Owner will provide, at no cost to thc City, adequate retention and drainage for all public roadways on the Property, including thc Project Road, in accordance with all City requirements. 7. The development of the Property shall be consistent "rith the requirements of the City of Ocoee Code. ORLA__387202.10 -12~ 8. Nothing herein shall be construed to waive any prOVISIOn of the City of Ococe Land Development Code unless expressly set forth on Exhibit "C" hereto. 9: Any damage caused to State Road 50 as a result of the construction activities related to the development of the Property shall be promptly repaired by the Owner to the applicable governmental standards at the Owner's sole cost and expense. 1 O. 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. 11. Intentionally omitted. 12. The lift station on the Property will be sized for aU potential uses on the Property as well as for planned uses on the Walia Property (as defined in the DOT Agreement). The lift station shall be located on a separate tract and shall be conveyed to the City upon completion and shall thereafter be maintained by the City. 13. Owner shall install a reuse system on the Property that will connect at the intersection of the internal street and SR 50. The system shall provide a reuse line to each lot. The system shall not be connected to the City's reuse water system until such time as the City has extended its reuse lines to a public right-of-way adjacent to the Property. Until conncction to the City reuse system can be made, the Owner shall add a temporary jumper between its internal reuse system and potable system and shan cap the reuse main at SR 50. Owner shall, on the temporary jumper connection, install a reduced pressure zone backflow device (A.S.E. 1013). 14. Owner shall grant the owner of the Walia Property a sign casement to allow the end users of the Walia Property to have a joint sign with Owner at the Project Road's intersection with SR 50. If the Walia Property has only one end user, the joint sign shall be limited to 72 square feet of sign face with 36 squarc feet for the Owner's use and 36 square feet for the Walia Property use. If the Walia Property has two separate end users, the joint sign shall be limited to 108 square feet with 36 square feet for the Owner's use and 36 square feet each for the two end users on the Walia Property. With this exception, Owner's sign age program shall otherwise conform with the City of Oeoee Land Development Code. 15. The City of Oeoee is subject to the terms, provisions and restrictions of Florida Statutes Chapter 163 concerning moratoria on thc 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. 16. Owner shall install two fire hydrants on the site. One shall be located on the south side of the Access Road at the entrance to Lot 1 and one shall be placed at the east end of the internal roadway. Owner shall also, in the Declaration of Covenants, Conditions and Restrictions imposed on the Property, require the purchaser of Lot 2 or the purchaser of Lot 3, whichever is first to develop, to install a third fire hydrant to be located at the turnout of SR 50 to access Lots 2 and 3. Each fire hydrant shall be OSHA YeHow in color and a blue QRLA_387202.1Q -13- reflective marker shall be affixed to the street in the center of the lane closest to each hydrant. 17. 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 Gcoee Land Development Code in effect at the time of issuance of a Certificate of Completion. 18. All on-site utilities including electrical, cable TV and telephone shall be placed underground. 19. All existing structures (including buildings, power lines, existing aerial and utility facilities) and related easements will be removed and/or terminated prior to or during construction of the development replacing those uses. 20. The development of this project will incorporate the stormwater needs of all public roads within the project. 21. All drainage, utility and maintenance easements shall be for the benefit of the property owners association or other designated maintenance entities. The drainage and utility easements shall be dedicated to the perpetual use of the public at the time of platting. 22. An emergency access casement 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. 23. All access rights to all public roads, except at approved locations shown on the Plan, shall be dedicated to the City of Gcoee at the time of platting. 24. A property owner's associations 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 associations unless otherwise agreed to by the City. Notwithstanding the foregoing, the City on its own may elect to participate on the Board for any property owner association fOlmed and/or retain voting rights for tracts owned by the City. 25. 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 platting all or a portion of the property. 26. All tracts, which are to be owned and maintained by the property owner's association, shall be conveyed to the property owner's association by warranty deed at the time of platting. 27. Existing trees 8" dbh 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 ORLA_387202.10 -14- possible. The buffer walls and roads will be designed around those trees to incorporate them into required landscape buffers and as street trees. 28. The existing grades on individual lots containing protected trees will be maintained as much as possible to preserve existing protected trees. For lots containing protected trees, there will be no grading or other construction on individual lots, except as specified in the Final Subdivision Plan, until building permits are issued for those lots. 29. Unlcss 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. 30. 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. 31. 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. 32. 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 pennit is issued for that lot, to determine whether or not each tree necds to be removed. 33. 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 arc physically challenged, and otherwise comply with all Americans with Disabilities Act ("ADA ") requirements. When sidewalks arc constructed on comer lots at certain locations, the sidewalks will be extended to the curb and the appropriate ramps will then be constructed. Tbe property owners association will be responsible for the continued maintenance of all streets and sidewalks in accordance will all ADA requirements that may now or hereinafter be applicable to the project. 34. In the event the master stormwater retcntion ponds are copveyed 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 stormwatcr retention ponds, until such time as: (i) the SWMS for the project is constructed and appropriate certificates of completion issued by both the City and the SJR WMD, (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 \-vith a written statement from the Association acknowledging ORLA_387202.10 -15- 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. 35. All Declaration of Covenants and Restrictions affecting the property shall include the following provisions: 36. 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. 37. 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. 38. 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. 39. Provision that the Association shall at all times be 111 good standing with the Florida Secretary of State. 40. 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. 41. Provision that no property owned by the City or any other governmental entity shall be subject to assessments levied by the Association. 42. Provision that any amendment to any provision affecting the City requires the consent of the City in an instrument recorded with the amendment. 43. The Articles of Incorporation and Bylaws of the Association shall be consistent with the foregoing provisions. 44. There shall be no access from the project to any public roads except at the approved locations shown on the Plan. 45. All commercial Lots will be a minimum of 1 acre in size. ORLA_387202.10 .16- 46. All commercial Lot uses shall confonn to the Master Architectural, Signage, Lighting and Landscape Package Plans, which will be provided when the first commercial Lot is developed and which will be subject to approval of the City. 47. The Final Grading Plan will preserve existing grades on individual lots containing protected trees as much as possible. 48. The finished floor elevation of all lots will be a minimum of 2' above the 100 year flood elevation. . ORLA._3B7202.10 -17- Code Section 6~ 14C(2)(b )0) 6-14C(4)(a) 6~ 14C(5)(h) ORLA_387202.10 EXHIBIT "'C" WAIVER LIST Current Standard Min. 25' landscape buffer along all primary streets. Buildings and principal structures shall have a cohesive and consistl-'11t style. Shared ground signs limited to 70 s.f. for 2 users and 100 s.f. for 3 or more users New Standard Allow 10' utility easement within required buffer. Buildings and principal structures, to the extent practical and and consistent with individual end users commonly and nationally recognized architectural designs, shall have a cohesive and consistent style. 72 s. f. for 2 users users and 108 s.f. for 3 users ~ 18- Justification Loss of property to DOT ROW. Attracting nationally recognized and desirable commercial uses in furtherance of the City's economIc development goals. Provide sign face for unrelated but adjoining property owner with access off shared access road for safety reasons. . EXHIBIT "D" LOT ALLOCATION SCHEDULE FOR TRAFFIC MITIGATION PAYMENT [SEE ATTACHED PROPORTIONATE SHARE ALLOCATION TABLE] ORLA._J87202.10 -19- WEST 50 COMMERCIAL SUBDIVISION Proportionate Share Allocation Table Lot Proportionate 0/0 of Number Share Total 1 $20,000 7.2 010 2 $78,000 28.3% 3 $78,000 28.3010 4 $100,000 36.2% Total $276,000 100.00/0 ....~. .. '. 'i.: H' ~-':;::;'~:~:.~:;'::.::j.__:..~:~.:.::.~:'_:':'L~':;~;::'::~::;.:;::':""'...... ~'.; <~.. :) tt\ ~ " "",' 1,,0' ~.b\ ~:i" ~ 'l}, lOT " 2 ~ IAtAC '\ 61,1Sl S.F, . ~ Lor , 1.!;3AC 61.035 S,;. "j 1 ".."0.1-:", ~ [ f ~ Ii! ,~ .l' \\.\ \,\ \ '~\ \. ~, \'S,' ,,,,..' .. .....' >~~;:::::::i~)t~?:,=~:=-::=;-} .~ ;;:'.H',','l ~!. '~~w LOT , {"oo AC NET \iSiUlLE AREiA {145.1G5 $."j3,33 ACI LOT . 4,11 AC NlF.T USAlll.E AREA pl:;,lztS.~.IU,oAC) -'?k.~r4"i" ............ ....0,; '~'O"'b .. ", Y~y' "'..:'.9 v~~S TIllS INSTRUMENT PREPARED BY: Paul E. Rosenthal, Esq. FOLEY & LARDNER LLP III North Orange Avenue, Suite 1800 Post Office Box 2193 Orlando, FL 32802-21 93 (407) 423-7656 AFTER RECORDING RETURN TO: Beth Eikenberry, City Clerk CITY OF OCOEE 150 North Lakeshore Drive Ocoee, Florida 34761 SEWER REFUNDING AGREEMENT THIS SEWER REFUNDING AGREEMENT (this "Agreement") is made and entered into as of the ___ day of May, 2007 (the "Effective Date"), by and between the CITY OF OCOEE, a Florida municipal corporation (hereinafter referred to as the "City"), whose mailing address is 150 North Lakeshore Drive, Ocoee, Florida 34761, and WEST 50 PROPERTIES, a Florida General Partnership (hereinafter referred to as the "Owner"), whose mailing address is 141 I Edgewater Drive, Suite 101, Orlando, Florida 32804. . RECITALS WHEREAS, the Owner owns fee simple title to certain property in Orange County, Florida and within the corporate territorial1imits of the City, said property being more particularly described as Parcel 1 and Parcel 2 on Exhibit "A II attached hereto and by this reference made a part hereof (together, Parcell and Parcel 2 are the "Property"); and WHEREAS, of even date herewith, the Ocoee City Commission has approved, subject to the execution of this Agreement and that certain Annexation and Development Agreement (as hereinafter defined), the Preliminary/Final Subdivision Plan for West 50 Commercial Subdivision, as prepared by American Civil Engineering Co. and being date stamped as received by the City on April 20, 2007, with such additional revisions thereto, if any, as may be reflected in the minutes of said City Commission meeting (collectively, the "Final Plan"); and WHEREAS, the City has determined that the City's off-site sewer infrastructure and facilities are inadequate to support development of the Property in accordance with the Final Plan and other development within the "West SR 50 Sewer Service Area" (as hereinafter defined) ; and WHEREAS, Reiss Environmental was retained by the City to evaluate the additional scwer infrastructure and facilities needed to support the anticipated development within the West SR 50 Sewer Service Area; and WHEREAS, Reiss Environmental has prescnted to the City a Memorandum datcd April 26, 2007 entitled "West SR 50 Development Wastewater Plan'l which addresses the off-site sewer infrastructure and facilities needed to support development within the West SR 50 Scwer Service ORLA_ 441731.3 5/9/07 Area, the estimated cost of such infrastructure and a proportionate share allocation of such costs based on anticipated usage of the City sewer system, said Memorandum being incorporated herein and by this reference made a part hereof (the "West SR 50 Development Wastewater Plan"); and WHEREAS, the West SR 50 Development Wastewater Plan was approved by the City Commission on May 1,2007; and WHEREAS, the City has required that the Owner design, engineer, permit and construct certain off-site sewer infrastructure and facilities needed to support development within the West SR 50 Sewer Service Area as set forth in the West SR 50 Development Wastewater Plan; and WHEREAS, pursuant to Section 173-36 of the Ocoee City Code, the Owner has requested and the City has agreed to enter into a refunding agreement whereby the Owner may be reimbursed for certain off-site sewer infrastructure improvements as provided in this Agreement; and WHEREAS, the City has determined that the execution of this Agreement is essential to the public health, safety and welfare and the ability of the City to provide the sewer transmission capacity necessary for the development of the Property in accordance with the Final Plan; and WHEREAS, the Owner and City desire to execute this Agreement in order to evidence their mutual agreement as to certain matters related to the provision of sewer transmission capacity to serve the Property and as a condition to the approval of the Final Plan by the City. NOW, THEREFORE, in consideration of the mutual premises hereof, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: SECTION 1. RECITALS. The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. DEFINITIONS. All capitalized terms not otherwise defined herein shall be as defined or described on the Final Plan, unless otherwise indicated. Capitalized terms that arc not defined when first used in this Agreement have the meanings set forth below. A. ''Table I" refers to Table I of the West SR 50 Development Wastewater Plan, said Table 1 being identified as "West SR 50 Development Area Wastewater Flow Estimates" and further being attached hereto as Exhibit "8" and by this reference made a part hereof. B. "Table 4" refers to Table 4 of the West SR 50 Development Wastewater Plan, said Table 4 being identified as "West SR 50 Development Area Wastewater Cost Share Summary" and further being attached hereto as Exhibit "C" and by this reference made a part hereof. C. "Non-Ocoee West Land" refers to those lands located within the West SR 50 Sewer Service Area which arc identified on Table 1 as "Non-Ocoee West". D. "Ocoec West Land" refers to those lands located within the West SR 50 Sewer Service Area which are identified on Table 1 as "Ococe West". ORLA_ 441731.3 -2- E. "SR SO/Marshall Farms Force Main" refers to the SR 50/Marshall Farms force main improvements contemplated by Table 3 of the West SR 50 Development Wastewater Plan. F. "West SR 50 Sewt.'f Service Area" refers to those lands located within the City of Ocoee Sewer Service Area which are identified by current ownership and tax parcel identification number in Table 1. G. "West SR 50 Sewer Service Area Proposed Development" refers to the potential future development within the West SR 50 Sewer Service Area as set forth in Table 1. H. "West SR 50 Sewer Service Area Wastewater Flow Estimates" refers to the estimated total number of Equivalent Residential Units ("ERUs") which will be utilized by various landowners in connection with thc West SR 50 Sewer Service Area Proposcd Development. SECTION 3. PLANT CAPACITY: ON-SITE SEWER IMPROVEMENTS. A. This Agreement is intended only to address issues related to the provision of thc transmission capacity required for the development of the Property as set forth in Table 1. Nothing contained in this Agreemcnt shall be construed to address the availability of the plant capacity necessary for the development of the Property. The parties hereto acknowledge that the provision of plant capacity necessary for the development of the Property shall be handled in accordance with the applicable provisions of the Ocoee City Code and the City policies and procedures with respect to the provision of plant capacity. B. The Owner shall, at the Owner's cxpense, construct all of thc on-site sewer system improvements (including but not limited to anyon-site lift stations) as set forth in the Final Plan. C. Nothing contained in this Agreement shall be construed (i) to provide the Owner, its successors and assigns, with any discount, credit, or reimbursement with respect to the payment of applicable sewcr capital charges, or (ii) to guarantee or reserve plant capacity on behalf of the Owner, its successors and assigns, and/or thc Property. SECTION 4. CONTRIBUTION FOR SEWER TRANSMISSION CAPACITY. A. The West SR 50 Development Wastewater Plan concludes that an upgradc is needed for City Lift Station 7 ("LS 7") in order to providc sewer transmission capacity needed for the West SR 50 Sewer Service Area Proposed Development, said upgrade being identified as the "Lift Station 7 Phas~ 1 Upgrade" on Table 3 of the West SR 50 Development Wastewater Plan. Thc parties hereto agree that the Owner should contribute its proportionate share towards the cost of creating additional transmission capacity and that such proportionate share should be calculated based on the Owner's percentage of ERU Contribution as shown on Table I and Table 4, such percentage amount being 24.6%. The estimate cost of tbe Lift Station 7 Phase 1 Upgrade and the planning and legal fees in connection therewith is $130,000.00. B. Prior to the issuance of any building pennits for subdivision improvements within the Property, the Owner shall pay to the City the sum of THIRTY -ONE THOUSAND NINE ORLA_ 441731.3 -3- HUNDRED FIFTY-TWO AND NOIlOO DOLLARS ($31,952.00) as the Owner's proportionate share contribution towards the cost of creating sanitary sewer transmission capacity necessary for the development of the Property in accordance with the Final Plan (the "Transmission Capacity Contribution"). Except as set forth in Section 4(C) ]Jelow, the Transmission Capacity Contribution shall not be subject to future adjustment based on the actual cost of the LS 7 Phase I Upgrade. Neither the Owner, its successors or assigns, nor any other person or entity shall be entitled to any reimbursements or credits based on the payment of the Transmission Capacity Contribution. C. If the ultimate development of the Property requires more ERUs than those set forth on Table 1, then the Owner will be required to make additional contributions towards the creation of transmission capacity prior to proceeding with such development of the Property. If the ultimate development of the Property requires less ERUs than those set forth on Table I, then the Owner shall not be entitled to any refund of the Transmission Capacity Contribution or any credits associated with such excess payment. Any excess sewer transmission capacity that is not used by the Owner, its successors and assigns, shall inure to the benefit of the City sewer system and may not be sold, transferred or conveyed by the Owner for use on any lands other than the Property. D. The payment of the Transmission Capacity Contribution shall not be construed to obligate the City to upgrade LS 7 as contemplated by the West SR 50 Development Wastewater Plan, it bcing recognized that the City may develop alternate plans to provide sewer transmission capacity for the Property and that the timing of any upgrade to LS 7 will be affected by various factors and circumstances. SECTION 5. SR 50 / MARSHALL FARMS FORCE MAIN. A. The Owner shall, at the Owner's expense, cause its engineers, American Civil Engineering Co. (or such other engineering firm as may be proposed by the Owner and accepted by the City) (the "Engineer") to design, engineer, permit and prepare all necessary plans and specification in order to construct the SR 50/Marshall Farms Force Main in a manner substantially consistent with the West SR 50 Development Wastewater Plan (the "Force Main Plans"). The Force Main Plans shall not in any way conflict with the Florida Department of Transportation ("FDOT") plans for the expansion of SR 50 or require any relocation of the SR SO/Marshall Farms Force Main in connection with the future expansion of SR 50. The Engineer shall also prepare as part of such plans a complete and itemized engineer's cost estimate of all of the costs which will be incurred to construct the SR SO/Marshall Farms Force Main in accordance with the Force Main Plans. The Force Main Plans and cost estimate shall be subject to the review and approval of the City, which approval will not unreasonably be withheld. Additionally, the Owner shall submit the Force Main Plans to FDOT for written confirmation that they do not conflict with the plans for the expansion of SR 50 and that relocation of the SR 50/Marshall Farms Force Main will not be required in connection with the FDOT project for the expansion of SR 50. B. The contract with the Engineer for such work as described above and the contract price with respect thereto shall be subject to the review and approval of the City, which approval will not unreasonably be withheld. The City shall be a third party beneficiary with respect to the performance obligations of the Engineer under any such contract. ORLA_ 441731.3 -4- C. Following approval orthe Force Main Plans, the Owner shall, at the Owner's expense, cause the SR 50IMarshall Fam1s Force Main to be constructed in accordance with the Force Main Plans and all permits and approvals issued in cOlmection therewith and in full compliance with the requirements of all governmental entities having jurisdiction with respect thereto. The construction contract with respect thereto and the construction contract price shall be subject to the review and approval of the City, which approval will not unreasonably be withheld. The City shall be a third party beneficiary with respect to the performance obligations of the contractor under any such construction contract. The Owner shall at all times fully comply with the terms and provisions of Chapter 713, Florida Statutes, so as to assure that no liens or encumbrances arc placed on the improvements being constructed and shall not allow any liens to attach to with respect thereto. D. Any change orders or amendments with respect to the Engineer's contract and the construction contract as set forth above shall be subject to the review and approval of the City, which approval will not unreasonably be withheld. E. Upon completion of the SR SO/Marshall Farms Force Main and the issuance by the City of a certificate of completion with respect thereto, the Owner shall cause the force main and related improvements to be conveyed to the City by Bill of Sale, free and clear of all liens and encumbrances. Such conveyance shall be at no cost or expense to the City. The Owner shall also assign to the City all warranties and bonds provided under the terms of the constlUction contract. Completion of the foregoing shall be a condition precedent to the issuance by the City of a Certificate of Completion for the subdivision improvements to be constructed on the Property in accordance with the Final Plans. F. The current estimated cost of the design, engineering, permitting and construction of the SR 50/Marshall Farms Force Main is $692,650 as set forth in Table 4. Within thirty (30) days following the issuance of the Certificate of Completion, the Owner shall deliver to the City an itemized report indicating the total cost of the design, engineering, pennitting and construction of the SR SO/Marshall Farms Force Main, along with such supporting documentation as may be requested by the City (the "Project Costs"). The Owner shall pay for the Project Costs, subject to future reimbursement as set forth in Section 7 below, and shall provide the City with satisfactory documentation that the Engineer and the construction contractor have been paid in full. Following receipt of the such documentation the City and the Owner shall mutually agree upon the total amount of the Project Costs and document same by a letter agreement. Neither the Owner, its successors or assigns, nor any other person or entity shall be entitled to any reimbursements or credits based on the payment of the Project Costs. G. The Force Main Plans shall, to the extent practical, provide for the SR 50IMarshall Farms Force Main to be constructed within existing easements and rights-of-way. To the extent that any additional easements are required based on the Force Main Plans, the City shall use its best efforts to acquire any such easements with the costs thereof being reimbursed by the Owner to the City. Any such acquisition costs paid by Owner shall be included in the "Project Costs" for the purposes of this Agreement. The parties hereto recognize that the West SR 50 Wastewater Development Plan assumed that the SR SO/Marshall Fanns Force Main may be located within existing easement and rights-of-way. ORLA_ 441731.3 -5- H. The City reserves the right, at its option, to require that the SR SOlMarshall Farms Force Main be upsized to larger than a 6" Force Main as set forth in Table 3 of the West SR 50 Wastewater Development Plan (the "Upsized Force Main"). The City may exercise its right to require the Upsized Force Main by written notice to the Owner delivered at any time prior to the City's approval of the construction contract as set forth in Section S(C) above. In the event the City exercises such option, then the City shall be responsible to pay the Owner for any incremental increase in the cost of the SR SO/Marshall Farms Force Main based on the Upsizcd Force Main, including any redesign costs which may be necessitated by such request. Any costs assoeiated with the Up sized Force Main shall not be included within the definition of Project Costs for the purposes of Section 7 of this Agreement. SECTION 6. ALLOCATION OF AVERAGE ANNUAL FLOW AND PROJECT COSTS. A. Based on Table 1, it is anticipated that (i) the construction of the SR SO/Marshall Farms Force Main will create capacity for an average annual flow ("AAF") 98,956 gallons per day in the City sewer system for the Non-Ocoee West Land, and (ii) the Owner will require an AAF of 34,398 gallons per day (or 127.4 ERUs) in connection with the development of the Property. Based on the foregoing and as set forth in Table 4, the parties hercto agree that the Owner shall be responsible for 34.8% of the Project Costs without any reimbursement or credit from the City or other pcrsons or properties connecting to the City sewer system, such percentage representing thc Owner's proportionate share contribution towards thc cost of the SR SO/Marshall Farms Force Main (the "Owner's Proportionate Share Percentage"). Thc Owner's Proportionate Shares Percentage is calculated by dividing 34,398 by 98,956 gallons per day. B. In consideration for the payment of the Owncr's Proportionate Share Percentage and the advance funding of the balance of the Proj ect Costs, the Owner shall receive an AAF allocation of 34,398 gallons per day (or 127.4 ERUs) as sct forth in Table 1. If the ultimate development of the Property requires an AAF less than the gallons set forth on Table I, then the Owner shall not be entitled to any adjustment to the Owner's Proportionate Share Percentage or any credit or reimbursement with respect thereto. Any excess AAF that is not uscd by the Owner, its successors or assigns, shall inure to the benefit of the City sewer system and may not be sold, transferred or conveyed by the Owner for use on any lands other than the Property. C. The Owner shall not be entitled to an AAF of greater than 34,398 gallons per day (or 127.4 ERUs) as set forth on Table 1, except as may be otherwise expressly set forth herein. SECTION 7. REIMBURSEMENT OF A PORTION OF PROJECT COSTS. A. Subject to the terms, conditions and limitations set forth in this Agreement, the City agrees to reimburse the Owner for up to 65.2% of the Project Costs to the cxtent that the City is able to require that each of the owners or devcloper's of the Non-Ocoee Wcst Land (the "Benefitcd Landowners") contribute their respcctive proportionate share of the Project Costs based on their use of the additional AAF crcated by SR SO/Marshall Farms Forcc Main. The City shall be obligated to make such reimbursement only to the extent that the City actually receives monies from the Benefited Landowners for such purpose. At the time of approval of the Project Costs, the City ORLA_ 441731,3 -6- will establish a reimbursement account for the benefit of the Owner in an amount equal to 65.2% of the approved Project Costs (the "Reimbursement Account"). B. The charge by the City to the Benefited Landowners will be based on the Project Costs, as approved by the City, divided by 98,956 AAF gallons per day which will result in a cost be gallon for connecting to the SR SO/Marshall Farms Force Main (the "Force Main Cost Per Gallon"). For example, if the Project Cost is $692,650, then the Force Main Cost Per Gallon will be calculated as follows: $692,650 divided by 98,956 equals $7.00 per gallon The City will use its best efforts to require that the Benefited Landowner's pay the Force Main Cost Pcr Gallon for each AAF gallon per day of capacity within the SR 50/Marshall Farms Force Main which is required for the development of their respective Non~Ocoec West Land, with such payment being made prior to or at the time of connection of such land to the SR SO/Marshall Farms Force Main; provided, however, that the City shall not be required in connection with any such payment to provide a credit against any other fees or charges payable to the City by the Benefited Landowners. Within thirty (30) days ofreccipt of any such payment the City shall remit such funds to the Owner and reduce the Reimbursement Account by the amount remitted to the Owner. C. The Owner shall not be entitled to receive any interest on the Project Costs advanced by the Owner or on the balance of the Reimbursement Account. D. The obligations of the City to reimbursed the Owner shall terminate on the earlier of (i) the date on which the Reimbursement Account balance is zero, or (ii) seven (7) years from the Effective Date; provided, however, that if a Benefited Landowner has applied to the City for approval of a preliminary subdivision plan or preliminary site plan and such application is pending on the date which is seven years from the Effective Date, then the provisions of this Section shall remain in effect for an additional two (2) years with respect to such Benefited Landowner. E. The parties hereto acknowledge that the anticipated development with the West 50 Sewer Service Area as shown on Table 1 (i) is the City's best projection as of the Effective Date, (ii) assumes that all of the Non-Oeoee West Land will be annexed into the corporate limits of the City, and (iii) does not represent a guarantee or warranty that such development will occur or that there will be sufficient development to utilize the 65.2% of the Non-Oeoee West Land AAF not being used by the Owner. As such, there is a possibility that there will not be sufficient development within the corporate limits of the City generated to reduce the Reimbursement Account balance to zero or to do so within the time frame set forth in this Agreement. In the event there is a remaining balance in the Reimbursement Account at the end of the term set forth in Section 7(D) above, the City shall have no obligation to pay the remaining balance to the Owner. Further, the City makes no guarantee or warranty that it will be able to require that the Benefited Landowners contribute towards the Project Costs. F. If the ultimate development of the Property requires an AAF greatcr than those set forth on Table I, then, to the extent capacity is available within the SR 50/Marshall Farms Force, the Owner will be entitled to acquire such additional capacity by written notice to the City; provided, that the Owner shall not be entitled to purchase any additional capacity until one (1) year ORLA._ 441731.3 -7- after the date of conveyance to the City of the SR SO/Marshall Farms Force Main. In such event the Reimbursement Account will be reduced by the additional capacity needed based on the Force Main Cost Per Gallon and such additional gallonage will be allocated to the Owner for use within the Property. The City makes no warranty or representation that additional AAF will be available for use by Owner. G. A Benefited Landowner may, at their option, elect to pay the Force Main Cost Per Gallon directly to the Owner in lieu of direct payment to the City. h1 such event the Owner shall provide the Benefited Landowner with a receipt for payment and provide a copy of such receipt to the City in which case the Reimbursement Account will be reduced by the dollar amount indicated on the receipt. At the time the Benefited Landowner would otherwise be required to pay to the City the Force Main Cost Per Gallon, the City shall provide the Benefited Landowner with a credit for the amount indicated on the receipt. Payment directly to the Owner by a Benefited Landowner shall not constitute an AAF allocation by the City and it shall be the responsibility of the Benefited Landowner to obtain an AAF allocation in accordance with the policies and procedures which may from time to time be established by the City. SECTION 8. CITY OPTION FOR TRANSMISSION CAPACITY SALE. A. Within one (1) year from the date of conveyance to the City of the SR SO/Marshall Farms Force Main, the City may, at its option, conduct a Transmission Capacity Sale among the Benefited Landowners with respect to the 6S.2% of the AAF not being used by the Owner, such sale being for the purchase of an AAF allocation of 64,SS8 gallons per day as set forth in Table 1, except to the extent any of the Benefited Landowners have purchased an AAF allocation prior to the date of such sale (the "Transmission Capacity Sale"). In the event the City cleets to conduct the Transmission Capacity Sale, the parties hereto agree that (0 the purchase price at the sale will be discounted to 90% of the Force Main Cost Per Gallon calculated as set forth above, (ii) all of the proceeds from such sale of SR SO/Marshall Farms Force Main flow will be paid by the City to the Owner, and (iii) upon such payment to Owner the Owner's Reimbursement Account will be reduced by 100% of the Foree Main Cost Per Gallon for capacity sold at such sale notwithstanding that the Owner will receive a discounted amount. If a balance remains in the Reimbursement Account, then such remaining balance will be reimbursed as provided in Section 7 above and subject to the terms, conditions and limitations set forth therein. B. Any Transmission Capacity Sale conducted by the City will include notice to the Benefited Landowners who will have the opportunity to prepay and reserve capacity in the SR SO/Marshall Farms Force up to the maximum amounts set forth in Table 1 for their respective properties. Requests for reserved capacity in excess of the maximums set forth in Table 1 will only be honored to the extent there is remaining capacity not reserved by others. C. In the event the City conducts the Transmission Capacity Sale, any of the Benefited Owners who have reserved and prepaid an AAF allocation in theSR SO/Marshall Farms Force Main prior to the date of the Transmission Capacity Sale shall not be entitled to the benefit of any discount provided at the Transmission Capacity Sale or to any reimbursement of monies paid for an AAF allocation in the SR SO/Marshall Farms Force Main. Further, any such AAF allocations purchased prior to the date of the Transmission Capacity Sale shall not be included in such sale. ORLA_441731.3 -8- D. Except as sct forth above, the Transmission Capacity Sale shall be conducted by thc City, at the City's expense, on such terms and conditions as may be determined by the City in its discretion. The City expressly reserves the right to require as a condition of purchase at the Transmission Capacity Sale that any Benefited Landowner also reserve sewer capacity in the City sewer system and prepay in full the applicable sewer capital charges associated therewith. SECTION 9. OPTION OF BENEFITED LANDOWNER TO PURCHASE AAF ALLOCATIONS. A. Prior to the Transmission Capacity Sale, the Benefited Landowners who are eligible to receive sewer service from the City may enter into an agreement with the City for an AAF allocation which does not exceed the maximum amounts set forth in Table 1. After the Transmission Capacity Sale (or after the date which is one (1) year from the date of the Owner's conveyance to the City of the SR 50/Marshall Farms Force Main in the event the City elects not to conduct a Transmission Capacity Sale), any remaining AAF capacity within the SR 50/Marshall Farms Force Main may be allocated by the City without regard to the maximum amounts set forth in Table 1, subject to the payment of the Force Main Cost Per Gallon without any discount. B. Nothing contained in this Agreement or the West SR 50 Development Wastewater Plan shall be construed to require that the City provide sewer service or any AAF allocation to lands which are not located within the corporate limits of the City. C. The City has been advised by the Owner that the Owner has, or wilt have, an agreement with the owner of the "Walia" property whereby such owner wilt share the Project Costs with Owner on such tenns and conditions as may be agreed to between the Owner and the owner of the Walia property. The City is not a party to such separate agreement and shall have no obligations to the owner of the Walia property pursuant thereto. The City has advised the Owner that the Walia property is not eligible to receive City sewer service and obtain an AAF allocation until such time as it is annexed into the corporate limits of the City. Notwithstanding the foregoing, the City agrees that it will hold for the benefit of the Walia property an AAF allocation of 28,080 gallons per day (or 104 ERUs) pending the annexation of the Walia property into the corporate limits of the City. The foregoing obligations of the City shall terminate upon the earlier of (i) the date of the Transmission Capacity Sale, or (ii) the date which is one (1) year from the date of the Owner's conveyance to the City of the SR 50/Marshall Fanus Force Main in the event the City elects not to conduct a Transmission Capacity Sale. SECTION 10. CITY RIGHT OF TERMJNATION. The City, at its option, may elect to terminate this Agreement by written notice to Owner if (a) the Owner has not complied with the requirements of Section 5(A) hereof on or before December 31,2007, or (b) the Owner has not complied with the requirements of Section 5(e) and 5(E) on or before December 31, 2008. SECTION 11. OCOEE WEST LAND. It is expressly agreed the owners of the Ocoee West Land shall not be entitled to any rights, privileges or burdens by virtue of this Agreement. At such time as the Ocoee West Land is developed the City expressly reserves the right to enter into a separate agreement with such owners regarding necessary on-site sewer improvements and the provision of sewer transmission to the Ocoec West Land. OR LA_ 441731.3 -9- SECTION 12. NOTICE: PROPER FORM. Any notices required or allowed to be delivered shall be in writing and be deemed to be delivered (1) when hand delivered to the official hereinafter designated, or (2) upon receipt of such notice when deposited in the United States mail, postage prepaid, certified mail, return receipt requested, addressed to the party at the address set forth opposite the party's name below, or at such other address as the party shall have specified by written notice to the oth(."f party delivered in accordance herewith. OWNER: West 50 Properties 1411 Edgewater Drive, Suite 101 Orlando, Florida 32804 Attention: Thomas Hewitt CITY: City ofOeoee 150 North Lakeshore Drive Oeoee, Florida 34761 Attention: City Manager SECTION 13. DEFAULT. Each of the parties hereto shall give the other party \\'ritten notice of any default hereunder and shall allow the defaulting party thirty (30) days from the date of its receipt of such notice within which to cure any such defaults or to commence and thereafter diligently pursue to completion good faith efforts to effect such cure and to thereafter notify the other parties of the actual cure of any such defaults. 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 14. BINDING AGREEMENT ON SUCCESSORS. This Agreement shall be binding upon and shall inure to the benefit of the Owner, the City, and their respective successors and assigns and shall run with the land. SECTION 15. RECORDATION. The parties hereto agree that this Agreement shall be recorded in the Public Records of Orange County, Florida, at the expense of the Owner. SECTION 16. 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 17. 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 18. 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 19. SEVERABILITY. If any part of this Agreement is found invalid or unenforceable by any court, such invalidity or unenforeeability shall not affect the other part of this Agreement if the rights and obligations of the parties contained therein arc not materially prejudiced and if the intentions of the parties can continue to be effected. ORLA_ 441731.3 -10- SECTION 20. RECOVERY OF ATTORNEYS' COSTS AND FEES. In connection with any litigation between the City and the Owner, including appellate proceedings arising out of this Agreement or the violation of any law, rule, regulation, ordinance, resolution, or permit, the prevailing party shall be entitled to recover from the other party reasonable attorneys' fees, paralegal fees, and costs hereunder, whether incurred prior to, during or subsequent to such court proceedings, on appeal or during any bankruptcy proceedings. SECTION 21. ENTIRE AGREEMENT. This instrument and its exhibits constitute the entire Agreement between the parties and supersedes all previous discussions, understandings, and agreements between the parties relating to the subjcct mattl..'T of this Agreement; provided, however, that it is agreed that this Agreement is supplemental to the Final Plan and that certain Annexation and Development Agreement of even date herewith between the City and the Owner (the "Annexation and Development Agreement") and does not in any way rescind or modify any provisions of the Final Plan and/or Annexation and Development Agreement. Amendments to and waivers of the provisions herein shall be made by thc parties in writing by formal amendment which shall bc recorded in the Public Records of Orange County, Florida at the Owner's expense. SECTION 22. COUNTERPARTS. This Agreement and any amendments hereto may be executed in any number of counterparts, each of which shall be deemed an original instrument, but all such counterparts together shall constitute one and the same instrument. SECTION 23. EFFECTIVE DATE. This Agreement shall first be executed by the Owner and submitted to the City for approval by the Ocoee City Commission. Upon approval by the Ocoee City Commission, this Agreement shall be executed by the City. The Effective Date of this Abrreement shall be the date of execution by the City. {BALANCE OF PAGE IS INTENTIONALLY BLANK] QRLA_ 441731.3 -11- IN WITNESS WHEREOF, the City and Owner have caused this Agreement to be duly executed and made effective as of the Effective Date. Signed, sealed and delivered in the presence of: "CITY" CITY OF OCOEE, a Florida municipal corporation By: Signature S. Scott Vandergrift, Mayor Print/Type Name Attest: Beth Eikenberry, City Clerk Signature Date: Print/Type Name (SEAL) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA. APPROVED AS TO FORM AND LEGAL ITY this _ day of 2007. By: APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING HELD ON ,2007 UNDER AGENDA ITEM NO. FOLEY & LARDNER LLP City Attorney ORLA_ 441731.3 -12- Si6lTIed, sealed and delivered in the presence of: "OWNER" WEST 50 PROPERTIES a Florida general partnership By: Signature Robert W. Hewitt, General Partner Printffype Name Date: Signature Print/Type Name ST ATE OF FLORIDA COUNTY OF I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgements, personally appeared ROBERT W. HEWITT, as General Partner of WEST 50 PROPERTIES, a Florida general partnership, who [ ] is personally known to me or [ ] produced as identification, and that he acknowledged executing the foregoing instrument on behalf of said partnership, in the presence of two subscribing witnesses, freely and voluntarily under authority duly vested in him. WITNESS my hand and official seal in the County and State last aforesaid this _ day of ,2007. Signature of Notary Name of Notary (Typed, Printed or Stamped) Commission Number (if not legible on seal): My Commission Expires (if not legible on seal): ORLA_ 441731.3 -13~ STATE OF FLORIDA COUNTY OF ORANGE I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgements, 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, a Florida municipal corporation, and that they severally acknowledged executing the same on behalf of said municipality 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 , 2007. Signature of Notary Name of Notary (Typed, Printed or Stamped) Commission Number (if not legible on seal): My Commission Expires (if not legible on seal): ORLA_ 441731.3 -14- EXHIBIT" A" The Property LEGAL DESCRIPTION Parcell: PARCEL lD: 30.22-28-0000-00-006 Commencing at the Northwest comer of Section 30, Township 22 South, Range 28 East, Orange County, Florida; thence run SOoo20'48"E, a distance of 661.32 feet; thence run N89031 '31 "E, a distance of 741.79 feet to the Point of Beginning; thence continue Easterly along said line, a distance of 580.18 feet; thence -run SOoo20'40"E, a distance of 306.93 feet; thence run N66056'24W, a distance of252.62 feet; thence run N6PSl '30"W, a distance of363.97 feet; thence run N42015'55"W, a distance of 42.57 feet to the Point of Beginning. Containing 2.249 acres (97,951.24 square feet), more or less. Parce12: PARCEL lD: 30-22-28-0000-00-003 The North Y2 of the Northwest y.; of the Northwest y.; of Section 30, Township 22 South, Range 28 East, Orange County, Florida; LESS State Road 50 right of way on North & LESS begin 10 chains South and 6.3 chains East of the Northwest comer of said Section 30; thence run North 26.4 feet; then run East 46.20 feet; thence run South 26.40 feet; thence run West 46.20 feet & LESS North 210.00 feet of the West 154.00 feet of the Northwest y.; of the Northwest y.; of said Section 30 lying South of State Road 50 & LESS commence at the Northwest comer of the Northwest y.; of said Section 30; thence run South 77.69 feet; thence run South 583.63 feet to the Pont of Beginning; thence run East 415.80 feet; thence run North 26.40 feet; then run East 46.20 feet; thence run South 26.40 feet; thence run East 279.78 feet; thence run N42000'00" W 134.90 feet; thence run N22000'00" W 363.86 feet; thence N17000'00" W 156.04 feet; thence run West 36.69 feet; thence run Westerly 275.84 feet; thence run South 210.00 feet; thence run West 154.00 feet; thence run South 373.63 feet to the Point of Beginning. ORLA_441731.3 -15- ORLA_ 441731.3 EXHIBIT liB" TABLE 1 TO WEST SR 50 DEVELOPMENT WASTEWATER PLAN: WEST SR 50 DEVELOPMENT AREA W ASTEW A TER FLOW ESTIMATES -16- Table 1. West SR 50 Development Area Wastewater Flow Estimates Unit ERU/ Total AAF Project Name Owner Parcel 10 Acre Quantity Unit Unit ERU gpd West SR 50 lNon--Ocoee West} Lanham Wholesale FIRST FINANCIAL AUTOMOTIVE GROUP INC 19-22-28-0()()()-()()'()73 2.5 2.5 gross acres 3.7 9.4 2,537 entral FL Auto Auction MANHEIM REMARKETING L P 19-22-28-00??-oo-054 0.0 - - - - - Extra Space Self Storaae EXTRA SPACE PROPERTIES lWENTY LLC 19-22-28-00??-oo-004 5.0 2 restroom/fixtures 1.0 2.0 540 Nest Oranae Investments WEST ORANGE INVESTMENTS L TO INC 19-22-28-OOOO-OO-OO5 2.2 2 restroomlfrxtures 1.0 2.0 540 Ralph C Johnson JOHNSON RALPH C 19-22-28-0000-0O-O06 1.2 100 room hotel 0.5 SO.O 13,500 JOHNSON RALPH C 19-22.28-0000-00-007 1.2 100 seat restaurant 0.1 10.0 2,700 ohn A Zimmer ZIMMER JOHN A 19-22-28-0000-0O-O22 8.8 Undevelo able Wetlands - - - Bluford Adams lCarWash) WATERS CONSTANCE A TR 19-22-28-0000-0O-O16 1.8 4.0 car wash bays 3.2 12.8 3,456 Nest 50 Properties WEST 50 PROPERTIES 30-22-28-0?0o-oo-oo3 9.9 2 restroomlfixtures 1.2 2.4 648 WEST 50 PROPERTIES 30-22-28-0000-00-006 2.2 250 seat restaurant 0.1 25.0 6,750 250 seat resta u rant 0.1 25.0 6,750 150 room hotel 0.5 75.0 20,250 Nalia WALIA JASPAl 30-22-28-OOOO-OO-OO2 4.3 180 room hotel 0.5 90.0 24,300 WALIA JASPAL 30-22-28-o000-00-035 2.6 140 seat restaurant 0.1 14.0 3,780 FOOT DOT/STATE OF FLORIDA-TURNPIKE 30-22-28-o000-00-060 2.6 Retention Pond - - - FOOT DOT/STATE OF FLORIDA-TURNPIKE 30-22-28-0000-00-041 3.0 Retention Pond - - - Climitized. Develooment HEICO LLC 30-22-28-0000-00-00 1 8.2 8.2 aross acres 3.7 30.4 8,198 Just Brakes CHRISTENSEN FAMILY I L TO 30-22-28-0000-00-031 0.6 6 Bav auto service 0.25 1.5 405 U-Haul Rental & Storaoe U.HAUL INTERNATIONAL INC 30-22-28-0000-00-034 3.8 2 restroomlfrxtures 1.0 2.0 540 Zimmer Poster ZIMMER POSTER SERVICE 30-22-28-OOOo-oO-o26 0.3 0.3 gross acres 3.7 1.0 275 Woodall Chevroiet ROBERT WOODALL CHEVROLET INC 30-22.28-0??o-o0-024 3.8 3.8 gross acres 3.7 14.0 3,786 FOOT DOT/STATE OF FLORIDA 30-22-28-000?-?o-o25 10.3 Retention Pond - - - FOOT DOTISTATE OF FLORIDA 30-22-28-0000-oo-o36 0,3 Retention Pond - - - Subtotals 75 I 367 98,956 West SR 50 lOcoee West} Ocoee West PULLUM J STEPHEN TR 30-22-28-000?-?o-o22 22.1 148.7 1000 sq ft comm. 0.33 49.7 13,410 SKILLEN ROBERT CAFLlSCH ESTATE 30-22-28-0000-00-016 6.0 1000 sq ft comm. 0.33 2.0 541 OCOEE WEST LLC 30-22-28-0000-00-015 200 seat restaurant 0.1 20.0 5,400 OCOEe WEST LlC 30-22-28-0??o-o0-059 240 1000 sa ft comm. 0.33 80.2 21 643 Subtotals 22 152 40,994 iT olals 97 518 139,950 Notes: ERlJ; Equivalent ResidentiallJnit MF= Average annual flow. wastewater g pd= galla n per day ~ HE::ISS (.::!,-<<'v'~~()NMENTt"'.t. QRLA_ 441731.3 EXHIBIT "C" TABLE 4 TO WEST SR 50 DEVELOPMENT W ASTEW ATER PLAN: WEST SR 50 DEVELOPMENT W ASTEW A TER COST SHARE SUMMARY -17- Table 4. West SR 50 Development Wastewater Cost Share Summary Common-Construct Cost Share SR SO/Marshal Farms Force Main Lift Station 7 Force Main LS 7 Phase 1 Upgrade and West SR Developer 50 PlanningILegal Services Construction ERU Cost Share ERU Cost Share ERU Cost Share Project Name Resoonsibllitv Contribution % of Project Cost Share Contribution % of Project Cost Share Contribution % of Project Cost Share otal Proiect otal Project I - 366.5 I - I $692.650 1924.0 T - 1$1,520.400 518.3 I - I $130,000 Nest SR 50 (Non.()coee West\ Lanham Wholesale LS. 4" FM 9.4 2.6% $17,759 0.0 0% $0 9.4 1.8% $2,357 Central FL Auto Auction - - - - - - - - - Extra Soare Self Storaoe 8" gravity 2.0 0.5% $3,780 0.0 0% $0 2.0 0.4% $502 West Oranoe Investments system, LS 2.0 0.5% $3,780 0.0 0% $0 2.0 0.4% $502 Ralph C Johnson and 60.0 16.4% $113.394 0.0 0% $0 60.0 11.6% $15,048 John A Zimmer connecting 4" - - - - - - - - - Bluford Adams (Car Wash) FM 12.8 3.5% $24,191 0.0 0% $0 12.8 2.5% $3,210 lWest 50 Properties Onsite gravity. 127.4 34.8% $240,n2 0.0 0% $0 127.4 24.6% $31,952 lWalia LS, 4" FM 104.0 28.4% $196,549 0.0 0% $0 104.0 20.1% $26,084 FOOT - - - - - - - - - - FOOT - - - - - - - - - - limitized Develooment 8" gravity 30,4 8.3% $57,386 0.0 0% $0 30.4 5.9% $7.616 ust Brakes system, LS 1.5 0.4% $2,835 0.0 0% $0 1.5 0.3% $376 U-Haul Rental & Storaoe and 2.0 0.5% $3,780 0.0 0% $0 2.0 0.4% $502 immer Poster connecting 4" 1.0 0.3% $1,927 0.0 0% $0 1.0 0.2% $256 Woodall Chevrolet FM 14.0 3.8% $26,499 0.0 0% $0 14.0 2.7% $3,517 FOOT - - - - - - - - - - FOOT - - - - - - - - - - lWest SR 50 (No.,...Ocoee IOcoee West 8" gravity or L~ 0.0 0% $0 151.8 7.9% $119,980 151.8 29.3% $38,080 and FM :>thers Jther Developers or City 0.0 I 0% I $0 1772.2 I 92.1% I . 0.0 I 0% I $0 otaIs I - 366.5 I 100.0% I $692,650 1924.0 I 100.0% I $1 520,400 518.3 I 100.0% I $130,000 'lotes: ERU = Equivalent Residential Unit FM = Force main LS = lift Station <f8 r;,':~~~SS f:~jVjRONf'i~ENTt\,L