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Item #08 First Amendment to the City of Ocoee/Colburn Development Agreement is ecenter of Good Li 45C0.4 AGENDA ITEM STAFF REPORT Meeting Date: August 2, 2011 Item # $ Reviewed By: Contact Name: Michael Rumer, City Planner Development Services Director: Contact Number: 407 - 905 -3100, Ext. 1018 City Manager: Subject: First Amendment To City of Ocoee / Colburn Development Agreement Commission District #3 — Rusty Johnson ISSUE: Should the Honorable Mayor and City Commissioners approve the First Amendment to the City of Ocoee / Colburn Development Agreement and authorize the conveyance of Tract H to Colonial Bluford LLC in an amount below its fair market value? DISCUSSION: The First Amendment to the City of Ocoee / Colburn Agreement was a joint effort between many parties that gives the City a new alignment of Maine Street that complies with the CRA Target Areas Special Development Plan July 2010, and complies with the Addendum to the City of Ocoee / Colburn Development Agreement approved this December 2010. This Agreement as amended updates the Agreement and matches the current plans as to how the area would develop. As the City has complemented the recent buildout of the SR 50 corridor by creating a Community Redevelopment Agency and adopting a CRA Target Areas Special Development Plan, this Agreement as amended is critical in maintaining the vision and philosophy for development in the CRA. The First Amendment incorporates the following changes and additions: • Reconfigure and Redesign New Maine Street as depicted in Exhibit "I ". The 2011 New Maine Street Concept Plan depicts the currently proposed location of New Maine Street both east and west of Bluford Avenue. The 2011 Concept Plan complies with the location as depicted on the Overall Development Plan and Standards for CRA Target Area 2 of the CRA Target Areas Special Development Plan July 2010. • Provides a typical roadway cross section that describes the basic layout of New Maine Street as seen in Exhibit "J". The cross section complies with the cross sections as depicted on the Overall Development Plan and Standards for CRA Target Area 2 of the CRA Target Areas Special Development Plan July 2010. • All lands owned by Colonial Bluford that are located within the New Maine Street will be conveyed to the City by fee simple title. • Road Impact Fee credits will not be applicable for any land conveyed by Colonial Bluford to the City for the Relocated Maine Street ROW. This section changes Section 9, 9.2(b) from the original agreement. • Road Impact Fee credits for Relocated Maine Street are not transferrable to any property other than the lands currently owned by the parties to the Amendment and can't be redeemed for cash. • Road Impact Fee credits will be given in an amount not to exceed $7000 for the costs incurred in preparing the 2011 New Maine Street Concept Plan. The preparation required extensive drafts to satisfy concerns of property owners at the eastern terminus. • Includes provision to accommodate stormwater drainage from Public Road #3 into Relocated Maine Street Pond. Public Road #3 is required by as depicted on the Overall Development Plan and Standards for CRA Target Area 2 of the CRA Target Areas Special Development Plan July 2010. • Assigns Colonial Bluford the responsibility to construct Relocated Maine Street and provides for commencement provisions. • Provides for the conveyance of Tract H by Special Warranty Deed to Colonial Bluford, as addressed in more detail below • Allows the removal of bricks from existing Maine Street to the extent authorized by the City in the approved plans for New Maine Street. The proposed New Maine Street plans call for the bricks to be removed from Existing Maine Street and placed in the center bi- directional turn lane of the New Maine Street. • Provides the City with the option to have Colonial Bluford LLC design, engineer, permit and construct Extended Maine Street west of Bluford Avenue as part of the construction road project on the east. This would be at the City's expense. In December 2010, Colburn /CCN conveyed to the City a tract of land pursuant to the original 1998 Maine Street Agreement. This was conveyed as a donation at no cost to the City. At the time of the conveyance Colburn /CCN agreed that the conveyance would be without any restrictions as to what the City did with the property. The 2011 New Maine Street Concept Plan places Relocated Maine Street and its related stormwater pond within the tract conveyed by Colburn /CCN and a parcel adjacent to Bluford Avenue owned by Colonial Bluford LLC. Without this change, Relocated Maine Street would be located entirely on lands owned by Colonial Bluford and the City would be providing road impact fee credits based on the fair market value of this land. This change in location also results in a 0.72 acre tract of land (Tract H on the Concept Plan) which is located between Relocated Maine Street and the Colonial Bluford parcel. The best use of Tract H is to add it back to the Colonial Bluford parcel and get it back on the tax rolls. To this end, Section 11(B) of the Amendment provides that the City will convey Tract H to Colonial Bluford LLC provided that it completes construction of Relocated Maine Street and the City accepts the improvements within 3 years from the date of the Amendment. No monetary payment would be made by Colonial Bluford for Tract H. Section C -8(B) of the City Charter requires a public hearing for the disposition of real property such as Tract H. Additionally, this section prohibits the disposition of real property for a price below the city's estimate of its fair market value except in cases where specific good cause is shown. Staff believes that the following is specific good cause to convey Tract H to Colonial Bluford without any monetary payment: (i) The construction of Relocated Maine Street is essential to the development of the property located along the existing Maine Street and is an integral part of the CRA Overlay; (ii) the conveyance of Tract H is conditioned upon Relocated Maine Street being completed within 3 years and encourages an accelerated develop of the road and the surrounding areas; (iii) Tract H was conveyed to the City at no cost and was originally part of the parent parcel now owned by Colonial Bluford; (iv) as a remnant parcel, Tract H is of minimal economic value to the City should it retain title; and (v) the conveyance of Tract H to Colonial Bluford is an integral part of their agreement to execute the Amendment which staff believes to be in the best interest of the City. STAFF RECOMMENDATION Staff recommends that the Honorable Mayor and City Commissioners (i) approve the First Amendment to City of Ocoee / Colburn Development Agreement and authorize execution thereof by the Mayor and City Clerk, (ii) find that there is specific good cause to convey the approximate 0.72 acre Tract H to Colonial Bluford LLC at a price below its fair market value, and (iii) authorize the conveyance of Tract H to Colonial Bluford LLC or its assigns pursuant to the provisions of the First Amendment. 2 ATTACHMENTS: First Amendment To City of Ocoee / Colburn Development Agreement Original City of Ocoee / Colburn Development Agreement Addendum To City of Ocoee / Colburn Development Agreement Notice of Public Hearing FINANCIAL IMPACT: None. Road impact fee credits are being provided as set forth in Amendment and the original the 1998 Maine Street Development Agreement. TYPE OF ITEM: (please mark with an "x") X Public Hearing For Clerk's Dept Use: Ordinance First Reading Consent Agenda Ordinance Second Reading Public Hearing Resolution Regular Agenda X Commission Approval Discussion & Direction Original Document/Contract Attached for Execution by City Clerk Original Document/Contract Held by Department for Execution Reviewed by City Attorney N/A Reviewed by Finance Dept. X N/A Reviewed by ( ) N/A 3 THIS INSTRUMENT PREPARED BY AND SHOULD BE RETURNED TO: Paul E. Rosenthal, Esq. FOLEY & LARDNER LLP 111 North Orange Avenue, Suite 1800 Post Office Box 2193 Orlando, FL 32802 -2193 (407) 423-7656 RETURN TO: Beth Eikenberry, City Clerk City of Ocoee 150 N. Lakeshore Dr. Ocoee, FL 34761 For Recording Purposes Only FIRST AMENDMENT TO CITY OF OCOEE / COLBURN DEVELOPMENT AGREEMENT THIS FIRST AMENDMENT (this "Amendment ") is made and entered into this day of , 2011, by and between CCN INVESTMENTS, INC., a Florida corporation ( "CCN "), COLONIAL BLUFORD LLC, a Florida limited liability company, ( "Colonial Bluford ") and the CITY OF OCOEE, FLORIDA, a municipal corporation existing under the laws of the State of Florida ( "City "). RECITALS 1. WILLIAM E. COLBURN AND JOHN D. COLBURN (collectively, "Colburn "), CAMBRIA, a Florida general partnership ( "Cambria "), CCN and the City, previously entered into the City of Ocoee /Colburn Development Agreement dated November 17, 1998 as recorded in Official Records Book 5623, Page 2313, as amended by Addendum thereto between Colburn, Cambria and the City dated December 7, 2010, as recorded in Official Records Book 10176, Page 7236, all of the Public Records of Orange County, Florida (hereinafter the "Agreement "). 2. CCN is the current owner of the West Property. 3. The City is the current owners of the Park Land. 4. Colonial Bluford is the current owner of all of the East Property except for the Park Land. 5. In addition to the East Property, Colonial Bluford is the owner of certain land located adjacent to the East Property as more particularly described in Schedule "1" attached hereto and by this reference made a part hereof (the "Adjacent Colonial Bluford Land "). 6. The West Property is not encumbered by any mortgages or other liens. (July 13, 2011) ORLA_1711191.5 7. The East Property and the Adjacent Colonial Bluford Land are not encumbered by any mortgages or liens other than that certain mortgage in favor of Regions Bank, an Alabama banking corporation, dated April 5, 2010 and recorded among the Official Records of Orange County, Florida in OR Book 10025, Page 8476 on April 7, 2010, as modified by that certain Note and Mortgage Modification and Extension Agreement dated January 1, 2011 and recorded among the Public Records of Orange County, Florida in OR Book 10193, Page 2356. 8. McCormick Road, LLC ( "McCormick Road ") is the current owner of certain lands adjacent to the East Property and located east and north thereof (the "McCormick Road Property "). The existing Maine Street provides public access to the McCormick Road Property. 9. CCN, Colonial Bluford and the City desire to amend the Agreement to change and finalize the location of New Maine Street, to change and modify the location of the Relocated Maine Street Land and the Extended Maine Street Land, and to modify the design criteria for New Maine Street. 10. The City desires to have the option of requiring that Colonial Bluford survey, design, engineer, permit and/or construct Extended Maine Street, at the City's expense, at the same time it surveys, designs, engineers, permits and constructs Relocated Maine Street in order to take advantage of cost savings expected to be realized by combining such work. 11. Further, CCN, Colonial Bluford and the City desire to amend the Agreement to address certain other matters. ACCORDINGLY, in consideration of the Recitals hereof, and of the mutual covenants and conditions contained herein, and other good and valuable consideration, the receipt and sufficiency of which are acknowledged by the parties, CCN, Colonial Bluford and the City hereby agree as follows: SECTION 1. RECITALS. The above Recitals are true and correct, and form a material part of this Agreement. SECTION 2. DEFINITIONS. All capitalized terms used herein shall be as defined in the Agreement unless otherwise indicated or defined in this Amendment. SECTION 3. AGREEMENT CONTINGENCIES. The parties hereto acknowledge and confirm that the Agreement Contingencies set forth in Section 3 of the Agreement were timely satisfied by the City and are no longer applicable. SECTION 4. RECONFIGURATION AND REDESIGN OF NEW MAINE STREET. A. Attached hereto as Exhibit "I" is the currently proposed design and alignment of New Maine Street as prepared by Interplan LLC under Project No. 2009.0280, last revised April 25, 2011 (the "2011 New Maine Street Concept Plan "). The 2011 New Maine Street Concept Plan depicts the currently proposed location of Relocated Maine Street and Extended Maine Street and in connection therewith relocates the Relocated Maine Street Land and the Extended Maine Street Land. Notwithstanding any provision contained in the Agreement to the contrary, all references in the Agreement to New Maine Street, Relocated 2 ORLA_1711191.5 Maine Street, Extended Maine Street, the Relocated Maine Street Land and the Extended Maine Street Land shall be as shown on the 2011 New Maine Street Concept Plan. It is expressly intended that the 2011 New Maine Street Concept Plan replace and supercede the depictions set forth on Exhibits E and F to the Agreement as they relate to New Maine Street, Relocated Maine Street, Extended Maine Street, the Relocated Maine Street Land and the Extended Maine Street Land; provided, however, that the depictions of Pond 1 and Pond 2 and the 10' Maguire Road Land as shown on Exhibit F to the Agreement shall not be affected by the 2011 New Maine Street Concept Plan. B. In connection with the preparation of the 2011 New Maine Street Concept Plan, the City has prepared typical roadway cross sections that describe the basic layout of New Maine Street with separate designs for Relocated Maine Street and Extended Maine Street, said cross sections being attached hereto as Exhibit "J" and by this reference made a part hereof (the "New Maine Street Cross Sections "). Based on the New Maine Street Cross Sections, (i) Relocated Maine Street will be an 80' wide right -of -way and Extended Maine Street will be a 70' wide right -of -way, each with appropriate corner clips as depicted on the 2011 New Maine Street Concept Plan; (ii) all sidewalks and multi - purpose trails for New Maine Street will be located within the New Maine Street right -of -way; and (iii) all utility easements for New Maine Street will be located within the New Maine Street right -of -way. C. Notwithstanding any provision contained in the Agreement to the contrary, New Maine Street shall be designed, engineered and permitted consistent with the 2011 New Maine Street Concept Plan and the New Maine Street Cross Sections and any conflicting provisions of the Agreement are hereby superceded by this Amendment and all references in the Agreement to the design, engineering and permitting of New Maine Street, or any portion thereof, shall be deemed to refer to the design, engineering and permitting consistent with the 2011 New Maine Street Concept Plan and the New Maine Street Cross Sections. D. In order to transition the Relocated Maine Street to connect to the existing section of Maine Street located to the north and east of the East Property, a portion of Relocated Maine Street must be constructed on a portion of the McCormick Road Property. Prior to the Effective Date of this Amendment, the City has obtained an easement from McCormick Road LLC in order to permit the construction of the applicable portion of Relocated Maine Street on the McCormick Road Property (the "Transition Segment "). Other than the Transition Segment, all of the Relocated Maine Street Land as shown on the 2011 New Maine Street Concept Plan is owned either by the City (as a result of the conveyance of the Park Land by Colburn and Cambria to the City) or by Colonial Bluford. The Extended Maine Street Land remains on land owned by CCN. SECTION 5. CONVEYANCE BY COLONIAL BLUFORD A. The portion of the Relocated Maine Street Land to be conveyed by Colonial Bluford to the City is depicted on Exhibit "I" hereto (the "Colonial Bluford ROW "). In that the remaining portion of the Relocated Maine Street Land, excluding the Transition Segment, is owned by the City, Colonial Bluford shall not be required to convey to the City any additional portion of the Relocated Maine Street Land. 3 ORLA_1711191.5 B. Within sixty (60) days from the Effective Date of this Amendment, Colonial Bluford shall provide the City with a Sketch of Description and legal description of the Colonial Bluford ROW which shall be subject to the review and approval of the City. The Sketch of Description and legal description shall be prepared by a licensed Florida surveyor and shall be certified to the City. C. Within thirty (30) days of receipt of a written request from the City, Colonial Bluford shall convey to City marketable, fee simple title to the Colonial Bluford ROW utilizing the legal description approved by the City. The conveyance of the Colonial Bluford ROW shall be by special warranty deed, free and clear of all liens and encumbrances, except for easements of record, if any, but subject to the Permitted Encumbrances (as defined in Exhibit D to the Agreement). Further, such conveyance may also be subject to (i) matters of record to which the City is a party, and (ii) other matters of record which the City determines to be consistent with the use of the Colonial Bluford ROW as set forth on the 2011 New Maine Street Concept Plan. The form of deed shall be prepared by the City consistent with the Agreement, subject to the approval of Colonial Bluford not to be unreasonably withheld. As to Colonial Bluford, the provisions of this subsection supercede the provisions of Section 4.1 of the Agreement. D. The provisions of Sections 4.3, 4.4 and 4.5 of the Agreement with respect to the "Donated Lands" shall be applicable to the conveyance of the Colonial Bluford ROW by Colonial Bluford. E. Colonial Bluford shall not receive any road impact fee credits or other compensation in connection with the conveyance of the Colonial Bluford ROW. F. Pursuant to the 2011 New Maine Street Concept Plan, all utilities and sidewalks will be located within the Relocated Maine Street Land and within the Extended Maine Street Land and separate utility and sidewalk easements will not be required. Therefore, the provisions of Section 5 of the Agreement are no longer applicable to Colonial Bluford or to CCN. SECTION 6. LEGAL DESCRIPTIONS. Section 6 of the Agreement is hereby amended by the addition of the following subsection 6.5: 6.5. Additional Legal Descriptions. Within sixty (60) days from the Effective Date of this Amendment, Colonial Bluford, at its expense, shall provide the City with a Sketch of Description and legal description of (i) the portion of Relocated Maine Street located between Bluford Avenue and the eastern boundary of the East Property; (ii) the portion of Relocated Maine Street located within the McCormick Road Property lying east of the eastern boundary of the East Property as shown on the 2011 New Maine Street Concept Plan, (iii) the portion of the Park Land located south of Relocated Maine Street which is labeled as "Tract H" on the 2011 New Maine Street Concept Plan ( "Tract H "), (iv) the remainder portion of the Park Land which is not included within Relocated Maine Street and Tract H, (v) the stormwater pond site to be located within the remainder portion of the Park Land which is not included within Relocated Maine Street and Tract H (the "Relocated Maine Street Pond Tract "), and (vi) the 4 ORLA_1711191.5 Extended Maine Street Land as shown on the 2011 New Maine Street Concept Plan. Additionally, upon request of the City, Colonial Bluford, at its expense, shall provide the City with a Sketch of Description and legal description of Pond 2 as shown on Exhibit F to the Agreement. The foregoing sketches and legal descriptions shall be prepared by a licensed Florida surveyor, shall be certified to the City, and shall be subject to the review and approval of the City. As to Colonial Bluford, the provisions of this Section 6.5 are supplemental to the provisions of Sections 6.1, 6.2, 6.3 and 6.4 of the Agreement; provided, however, that in the event of any conflict, the provisions of this Section 6.5 shall control. The cost of preparing the foregoing legal descriptions and sketches shall be included in the expenses for which the Owner is entitled to Road Impact Fee credits under Section 9 of the Agreement. SECTION 7. NEW MAIN STREET. A. The provisions of Section 8.1 shall be applicable to Colonial Bluford with respect to Relocated Maine Street and to CCN with respect to Extended Maine Street. B. All reference herein to Relocated Maine Street shall be deemed to include the following as shown on the 2011 New Maine Street Concept Plan: (i) a northbound right turn lane from Bluford Avenue onto Relocated Maine Street, (ii) a southbound left turn lane from Bluford Avenue onto Relocated Maine Street, (iii) a northbound left turn lane from Bluford Avenue onto Extended Maine Street, (iv) the Relocated Maine Street Pond as set forth in Section 9 of this Amendment, and (v) the Transition Segment. C. In addition to the requirements set forth in Section 8 with respect to the construction of New Maine Street, Colonial Bluford, as to Relocated Maine Street, and CCN as to Extended Maine Street, shall comply with the following additional requirements: i. The City shall be named as a third party beneficiary in the Approved Contracts. ii. The City may inspect the progress of the construction of New Maine Street in accordance with its standard inspection process for City road projects. iii. The party constructing New Maine Street, or any portion thereof, shall provide a payment and a performance bond with a surety insurer authorized to do business in the State of Florida as a surety (with the City being named as an additional obligee on such surety bond) in the form as provided in Section 255.05, Florida Statutes, but subject to the reasonable approval of the City. The cost of such bonds shall be included in the expenses for which either Colonial Bluford or CCN, as the case may be, shall be entitled to Road Impact Fee credits under Section 9 of the Agreement. In lieu of the providing the bond required by this section, the party constructing New Maine Street, or any portion thereof, may provide an alternative form of security in accordance with the provisions of Section 255.05(7), Florida Statutes; provided, however, that the cost of any such alternative form of security shall be borne by the party constructing New Maine 5 ORLA_1711191.5 Street, or any portion thereof, and shall not be eligible for Road Impact Fee credits. iv. Any change orders under the Approved Contracts shall be subject to the prior approval of the City, the same not to be unreasonably withheld or delayed. The City will use its best efforts to approve or deny any change order request within five (5) business days after the same has been submitted to the City for review. Any denial of a requested change order shall be accompanied by a statement of the reason(s) for such denial. v. The Approved Contracts shall require that the contractor have in place insurance which complies with the requirements set forth in Exhibit "K" attached hereto and by this reference made a part hereof. vi. Colonial Bluford and/or CCN, as the case may be, shall provide the City which such temporary construction easements across the East Property and the West Property, respectively, as the City may determine to be needed to construct New Maine Street, or any portion thereof, such temporary construction easements being in substantially the form attached to the Agreement as Exhibit "H ". The foregoing shall supercede and replace all requirements in the Agreement for the granting of temporary construction easements. vii. The Approved Contracts shall provide a timeline for the commencement of the work to be performed thereunder and the completion of such work. D. Section 8.2 of the Agreement is hereby deleted in its entirety and replaced with the following: 8.2 Design. New Maine Street will be designed and engineered in accordance with 2011 New Maine Street Concept Plan and the New Maine Street Cross Sections. The design and engineering of Extended Maine Street shall include the design and engineering of the Relocated Maine Street Pond as provided in Section 9 of this Amendment and of the Transition Segment. E. Section 8.7 of the Agreement is hereby amended by adding the following: (d) With regard to Relocated Maine Street, Colonial Bluford shall, and with regard to Extended Maine Street CCN shall deliver to the City documentation confirming that all contractors and subcontractors under the Approved Contracts have been paid in full, that lien releases have been provided by all such contractors and subcontractors, and that the applicable portion of New Maine Street is free and clear of all liens. F. Section 8.8 of the Agreement regarding Sidewalks is hereby deleted in its entirety. G. The City intends to have water, sanitary sewer and reuse lines installed within the applicable right -of -way of Relocated Maine Street and Extended Maine Street 6 ORLA_1711191.5 (collectively, the "Maine Street Utilities "). Colonial Bluford shall design, engineer, permit, construct, install, place and /or locate the Maine Street Utilities, at the City's sole expense, as part of the Approved Contracts concurrently with the construction of Relocated Maine Street. To the extent that City has Colonial Bluford construct Extended Maine Street, Colonial Bluford shall also design, engineer, permit, construct, install, place and/or locate the Maine Street Utilities, at the City's sole expense, as part of the Approved Contracts concurrently with the construction of Extended Maine Street. The City shall reimburse Colonial Bluford for all utility work performed by Colonial Bluford as provided in this Section in the manner set forth in Section 11.D of this Amendment. To the extent that CCN may ultimately final engineer, permit and construct Extended Maine Street, the provisions of this paragraph related to Extended Maine Street shall apply to CCN rather than to Colonial Bluford. The location within the right -of -way of the Maine Street Utilities will be determined by the City, in its discretion, as part of the design and engineering of Relocated Maine Street and Extended Maine Street so as not to delay the timely construction of each such road segment. SECTION 8. ROAD IMPACT FEE CREDITS. A. The provisions of Section 9 of the Agreement entitled Road Impact Fees credits shall be applicable to Colonial Bluford with respect the Relocated Maine Street and to CCN with respect to Extended Maine Street. B. The provisions of Section 9.2(b) shall not be applicable to Colonial Bluford. It is agreed that Colonial Bluford shall not receive any road impact fee credits or other compensation in connection with the conveyance of the Colonial Bluford ROW and the granting of any easements under the Agreement. C. Colonial Bluford shall be entitled to receive Road Impact Fee credits in connection with the construction of Relocated Maine Street, including the portions thereof as set forth in Section 7.B of this Amendment. D. The provisions of Section 9 of the Agreement limit the use of the Road Impact Fee credits to the East Property and the West Property. The City acknowledges that subsequent to the effective date of the Agreement, the Adjacent Colonial Bluford Land has been incorporated within the portion of the East Property owned by Colonial Bluford and is being developed as a single project. In recognition of the foregoing and notwithstanding any provision contained in the Agreement to the contrary, the City agrees that any Road Impact Fee credits granted to Colonial Bluford pursuant to the Agreement may also be utilized in connection with the development of the Adjacent Colonial Bluford Land. The City further acknowledges that Tract H is part of the original East Property and that if Tract H is conveyed to Colonial Bluford as hereinafter provided any Road Impact Fee credits granted to Colonial Bluford pursuant to the Agreement may also be utilized in connection with the development of Tract H. E. The last sentence of Section 9.2 of the Agreement is hereby deleted, said sentence being as follows: "Notwithstanding the foregoing, the total Road Impact Fee credits granted hereunder shall not exceed the amount of the Road Impact Fees assessed against the Property pursuant to the City of Ocoee Road Impact Fee Ordinance, as it may from time to time be amended." In lieu thereof, CCN, Colonial Bluford and the City agree as follows: 7 ORLA_1711191.5 i. Any Road Impact Fee credits issued in connection with Relocated Maine Street may only be used towards the payment of road impact fees associated with the development of the East Property and the Adjacent Colonial Bluford Land and the West Property and are not transferrable to any other property and are not redeemable for cash or other monetary consideration. Colonial Bluford may have excess Road Impact Fee credits upon the buildout which cannot be used and will have no cash value. ii. Any Road Impact Fee credits issued in connection with Extended Maine Street may only be used towards the payment of road impact fees associated with the development of the West Property, the East Property, and the Adjacent Colonial Bluford Land and are not transferrable to any other property and are not redeemable for cash or other monetary consideration. CCN may have excess Road Impact Fee credits upon the buildout which cannot be used and will have no cash value. F. Colonial Bluford shall be entitled to receive Road Impact Fee credits for actual and reasonable costs incurred in the preparation of the 2011 New Maine Street Concept Plan attached hereto up to, but not to exceed, a limit of $7,000.00. Otherwise, and notwithstanding any provision contained herein or in the Agreement to the contrary, neither Colonial Bluford nor CCN shall be entitled to receive Road Impact Fee credits for any other work undertaken or expenses incurred prior to the Effective Date of this Amendment. SECTION 9. DRAINAGE. A. Sections 10.1 and 10.2 of the Agreement are hereby deleted in their entirety and the following is substituted in lieu thereof: "Relocated Maine Street Pond. Colonial Bluford shall design and engineer a stormwater pond (the "Relocated Maine Street Pond ") which will be located on the Relocated Maine Street Pond Tract for the stormwater needs of Relocated Maine Street. The Relocated Maine Street Pond shall be used to accommodate the drainage needs of first, Relocated Maine Street, second, Bluford Avenue, and third, a future north/south public road connecting to Relocated Maine Street along the eastern boundary of the East Property (hereinafter, "Public Road #3), to the extent feasible, and in that order. As part of the design and engineering process for Relocated Maine Street, the parties will evaluate and discuss the drainage design capacity of the Relocated Maine Street Pond and its ability to accept drainage from the foregoing roadways. The City shall determine, in its discretion, the extent to which the design for the Relocated Maine Street Pond will provide for the stormwater needs of the foregoing public roadways. B. Colonial Bluford shall be entitled to retain for its own use within the East Property and the Adjacent Colonial Bluford Land, at no cost, any excess fill material removed from the Relocated Maine Street Pond Tract during the construction of the Relocated Maine Street Pond and which fill is not needed for the creation of service berms, embankments or other uses directly related to the design and use of the Relocated Maine Street Pond or the Relocated Maine Street Improvements (or Extended Maine Street to the extent the City elects to proceed with the construction thereof as provided in Section 11 of this Amendment); provided, however, that if Colonial Bluford sells any such excess fill to a third party, then the monies received from such sale shall reduce Colonial Bluford's Road Impact Fee credits on a dollar for dollar basis. 8 ORLA_1711191.5 C. Nothing contained herein shall preclude the City at a future date from expanding the Relocated Maine Street Pond into a joint use stormwater pond with adjacent properties, including properties owned by McCormick Road LLC as of the Effective Date of this Amendment. D. Section 10.3 of the Agreement is hereby deleted in its entirety and the following is substituted in lieu thereof: "Extended Maine Street Drainage and West Property. The Pond 2 Land may be utilized for the location of Pond 2 which will be designed to serve as an outfall for Pond 1 and to provide treatment and attenuation for stormwater runoff from Extended Maine Street, to the extent needed, and the Northern Portion of the West Property. Pond 2 shall be a joint use pond and the City shall be responsible for the operation and maintenance of such pond. To the extent the City constructs Extended Maine Street, it shall only be required to construct such portion of Pond 2 as is needed for Extended Maine Street. Any future expansion of Pond 2 to serve the Northern Portion of the West Property shall be undertaken at the sole cost and expense of CCN. If CCN constructs Pond 2, it is agreed that CCN shall not be entitled to receive Road Impact Fee credits for any design, engineering, permitting and construction costs associated with the oversizing or enlarging of said retention pond to serve the West Property." SECTION 10. CITY'S OPTION TO CONSTRUCT NEW MAINE STREET. Section 11 of the Agreement is hereby deleted in its entirety. SECTION 11. RESPONSIBILITY FOR CONSTRUCTION OF NEW MAINE STREET; CONVEYANCE OF TRACT H. A. Colonial Bluford hereby agrees, at its expense, to commence the design, engineering, permitting and construction of Relocated Maine Street as soon as Colonial Bluford reasonably determines that it is cost effective to do so based on commitments it receives from end -users of the East Property and the Adjacent Colonial Bluford Land. It is anticipated, but cannot be guaranteed due to the uncertainty of the current economic recovery, that construction of Relocated Maine Street pursuant to the Approved Plans shall commence no later than December 31, 2011. Colonial Bluford shall exercise its best efforts, consistent with prudent fiscal practices, to commence such construction as soon as reasonably possible and to thereafter proceed with due diligence to complete said improvements. B. In the event Colonial Bluford completes the construction of Relocated Maine Street, including compliance with the requirements of Section 8.7 of the Agreement as amended by this Amendment, and the City accepts such improvements within three (3) years from the Effective Date of this Amendment, then in such event, and only in such event, the City shall, at Colonial Bluford's option, convey Tract H to Colonial Bluford within forty -five (45) days of the City's acceptance of the improvements set forth above and Colonial Bluford's compliance with the requirements of Section 8.7 of the Agreement as amended by this Amendment. The conveyance of Tract H shall be by Special Warranty Deed, subject to easements, restrictions and other matters appearing in the public records and matters which would be revealed by an accurate survey of Tract H. Further, the conveyance of Tract H by the City shall be in "as is ", "where is" condition with no warranty or representations being made by the City except as expressly set forth in the deed of conveyance. The provisions of this section shall be void and of no further force and effect in the event Colonial Bluford fails to accomplish the foregoing within said three year period. If Colonial Bluford does not exercise the option to 9 ORLA_1711191.5 have the City convey Tract H within such 45 day period as aforesaid, then the City shall be relieved of any further obligations with respect to the conveyance of Tract H to Colonial Bluford. C. The City may, at its sole option, at any time elect to proceed with the design, engineering, permitting and/or construction of Extended Maine Street, at the sole cost and expense of the City, by giving written notice of such election to CCN. In the event the City makes such election, it shall then proceed with due diligence to complete such design, engineering, permitting and/or construction for Extended Maine Street. In the event the City elects to proceed with such efforts, at the City's expense, then CCN shall not be entitled to receive Road Impact Fee credits in connection with the design, engineering, permitting or construction of Extended Maine Street. However, CCN shall be entitled to Road Impact Fee credits based upon the fair market value for the lands located within the West Property which are conveyed to the City as provided in Section 9 of the Agreement. D. The City has requested and Colonial Bluford has agreed to include in the proposed contract for the design, engineering and permitting of Relocated Maine Street an "add alternate provision" to have Colonial Bluford's contractor undertake to design, engineer and permit Extended Maine Street simultaneously with the design, engineering and permitting of Relocated Maine Street. The proposed contract for such work shall provide separate cost proposals for Relocated Maine Street and Extended Maine Street and such other cost details as may reasonably be requested by the City. Upon receipt of such proposed contract, the City may elect, by written notice to Colonial Bluford given no later than the City's approval of such contract, to have Colonial Bluford proceed with the design, engineering and permitting of Extended Maine Street. In the event the City makes such election, the City shall reimburse Colonial Bluford for all costs paid to such contractor for the portion of the Approved Contract which relates to the design, engineering and permitting of Extended Maine Street with the procedures set forth in Section 9.3 of the Agreement being applicable except that all references therein to the "DRC" shall be deemed to refer to "the City Manager's designee ". It is expressly agreed that the foregoing shall be a cash reimbursement in accordance with a no less than monthly draw schedule to be mutually agreed upon between the City and Colonial Bluford prior to Colonial Bluford's execution of the Approved Contract for the construction of Relocated Maine Street. The parties agree that the Local Government Prompt Payment Act is applicable to all cash reimbursements due from the City to Colonial Bluford as aforesaid. The City currently anticipates exercising the foregoing option, subject to review of the proposed contract and budgetary constraints. In the event the City elects to proceed with such efforts as aforesaid, then CCN shall not be entitled to receive Road Impact Fee credits in connection with the design, engineering and permitting of Extended Maine Street. E. In the event the City elects to have the Approved Contract for the design, engineering and permitting of Relocated Maine Street include Extended Maine Street as set forth above, then in such event the proposed contract for the construction of Relocated Maine Street shall include an "add alternate provision" to have Colonial Bluford's contractor undertake the construction of Extended Maine Street simultaneously with the construction of Relocated Maine Street. The proposed contract for such work shall provide separate construction cost proposals for Relocated Maine Street and Extended Maine Street and such other cost details as may reasonably be requested by the City. Upon receipt of such proposed contract, the City may elect, by written notice to Colonial Bluford given no later than the City's approval of such contract, to have Colonial Bluford proceed with the construction of Extended Maine Street. In the event the 10 ORLA_1711191.5 City makes such election, the City shall reimburse Colonial Bluford for all costs paid to such contractor for the portion of the Approved Contract which relates to the construction of Extended Maine Street with the procedures set forth in Section 9.3 of the Agreement being applicable except that all references therein to the "DRC" shall be deemed to refer to "the City Manager's designee ". It is expressly agreed that the foregoing shall be a cash reimbursement in accordance with a no less than monthly draw schedule to be mutually agreed upon between the City and Colonial Bluford prior to Colonial Bluford's execution of the Approved Contract. The parties agree that the Local Government Prompt Payment Act is applicable to all cash reimbursements due from the City to Colonial Bluford as aforesaid. The City currently anticipates exercising the foregoing option, subject to review of the proposed contract and budgetary constraints. In the event the City elects to proceed with such efforts as aforesaid, then CCN shall not be entitled to receive Road Impact Fee credits in connection with the construction of Extended Maine Street. F. In the event the City exercises the option under Section 11.D above, then in such event and in consideration of the agreements of Colonial Bluford under Section 11.D and 11.E above, the City agrees that Colonial Bluford shall be entitled to obtain one (1) certificate of occupancy for the East Property and the Adjacent Colonial Bluford Land prior to the completion of construction of Relocated Maine Street and the acceptance thereof by the City. The foregoing provision supersedes the limitations set forth in Section 8.5 of the Agreement with respect to the issuance of certificates of occupancy for the East Property. G. The City acknowledges and agrees that the limitations on obtaining "building permits" as set forth in Section 8.5 of the Agreement are not applicable to the obtaining of clearing and grubbing permits, tree removal permits and site permits. H. The City acknowledges and agrees that the provisions of Section 8.5(i) of the Agreement requiring that "Relocated Maine Street has commenced in accordance with the Approved Plans and pursuant to the Approved Contracts" shall be deemed to have been satisfied at such time as (i) Colonial Bluford and the Contractor have executed the Approved Contract for the construction of Relocated Maine Street and the Relocated Maine Street Pond and delivered a copy of same to the City, (ii) the City is in receipt of the bond or other security which satisfies the requirements of Section 7.B.iii of this Amendment and the City has accepted same, and (iii) the Contractor has provided the City with proof of insurance which satisfies the requirements of Section 7.B.v of this Amendment and the City has accepted same. SECTION 12. BRICKS. Notwithstanding the provisions of Section 15 of the Agreement, Colonial Bluford may remove bricks from the existing Maine Street to the extent expressly authorized by the City in the Approved Plans. SECTION 13. NOTICES. The provisions of Section 22 of the Agreement entitled Notices are hereby amended to change the notice provisions as follows with respect to any notices provided to the Owner: 11 ORLA_1711191.5 To CCN: David Colburn Cactus Management, LLC P.O. Box 97 Gotha, FL 34734 Phone: 407 - 291 -4833 E -mail: dcolburn @cactusmanagement.com With a copy to: Scott A. Glass, Esq. Shutts & Bowen LLP P.O. Box 4956 Orlando, FL 32801 -4956 Phone: 407 - 423 -3200 E -mail: sglass @shutts.com To COLONIAL BLUFORD: Colonial Bluford LLC c/o Ram Realty Services Attn: Kerryann Wilson 4801 PGA Blvd. Palm Beach Gardens, FL 33418 Phone: 561- 630 -6110 E -mail: kwilson @ramrealestate.com With a copy to: Scott A. Glass, Esq. Shutts & Bowen LLP P.O. Box 4956 Orlando, FL 32801 -4956 Phone: 407 - 423 -3200 E -mail: sglass @shutts.com SECTION 14. COUNTERPARTS. This Amendment may be executed in any number of counterparts, each of which shall be deemed to be an original instrument, but all such counterparts shall constitute one and the same instrument. SECTION 15. EFFECT OF THIS AMENDMENT. Except as amended hereby, the Agreement remains unchanged and in full force and effect, and each of the parties hereto hereby ratifies and confirms the terms and conditions of the Agreement. All references herein to the Agreement shall refer to the Agreement as amended by this Amendment unless the text or context indicates otherwise. In the event of any conflict between the Agreement and this Amendment, it is agreed that this Amendment shall control. 12 ORLA_1711191.5 SECTION 16. EFFECTIVE DATE. This Amendment shall first be executed by Colonial Bluford and CCN and submitted to the City, along with a joinder and consent from the holders of any mortgages on the East Property and /or the West Property. The "Effective Date" of this Amendment shall be the date it is executed by the City and such date shall be inserted on page 1 of this Amendment. SECTION 17. AGREEMENT BINDING ON SUCCESSORS AND ASSIGNS. The Agreement, as amended by this First Amendment to City of Ocoee / Colburn Development Agreement, shall inure to the benefit of and shall be binding upon each parties successors and assigns. IN WITNESS WHEREOF, the CCN, Colonial Bluford and the City have caused this instrument to be executed as of the day and year first above written. Signed, sealed and delivered CCN INVESTMENTS, INC., before these witnesses: a Florida corporation By: Print Name: Name: Title: Print Name: (CORPORATE SEAL) Signed, sealed and delivered COLONIAL BLUFORD LLC, before these witnesses: a Florida limited liability company, By: Name: Print Name: Title: Print Name: 13 ORLA_1711191.5 Signed, sealed and delivered CITY before these witnesses: CITY OF OCOEE, a Florida municipal corporation Print Name: By: S. Scott Vandergrift, Mayor Attest: Print Name: Beth Eikenberry, City Clerk (SEAL) FOR USE AND RELIANCE BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND APPROVED BY THE OCOEE CITY LEGALITY this day of COMMISSION AT A MEETING HELD ON , 2011 , 2011 UNDER AGENDA ITEM NO. FOLEY & LARDNER LLP By: City Attorney 14 ORLA_1711191.5 STATE OF FLORIDA COUNTY OF 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 as of CCN INVESTMENTS, INC., a Florida corporation, and who ❑ is personally known to me, or who ❑ produced as identification, and who acknowledged that he /she executed the foregoing instrument freely and voluntarily for the uses and purposes expressed therein. WITNESS my hand and official seal in the County and State last aforesaid this day of , 2011. 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): 15 ORLA_1711191.5 STATE OF FLORIDA COUNTY OF 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 as of COLONIAL BLUFORD LLC, a Florida limited liability company, and who ❑ is personally known to me, or who ❑ produced as identification, and who acknowledged that he /she executed the foregoing instrument freely and voluntarily for the uses and purposes expressed therein. WITNESS my hand and official seal in the County and State last aforesaid this day of , 2011. 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): 16 ORLA_1711191.5 STATE OF FLORIDA COUNTY OF ORANGE I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared S. SCOTT VANDERGRIFT and BETH EIKENBERRY, personally known to me to be the Mayor and City Clerk, respectively, of the CITY OF OCOEE and that they severally acknowledged executing the same in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in them by said municipality. They are personally known to me. WITNESS my hand and official seal in the County and State last aforesaid this day of , 2011. Signature of Notary Public Print Notary Name My Commission Expires: AFFIX NOTARY STAMP Commission No.: 17 ORLA_1711191.5 JOINDER AND CONSENT TO FIRST AMENDMENT TO CITY OF OCOEE / COLBURN DEVELOPMENT AGREEMENT The undersigned hereby certifies that it is the holder of a mortgage, lien or other encumbrance recorded in Official Records Book 10025, Page 8476, as modified by that certain Note and Mortgage Modification and Extension Agreement dated January 1, 2011 and recorded among the Public Records of Orange County, Florida in OR Book 10193, Page 2356, all of the Public Records of Orange County, Florida, upon the East Property and the Adjacent Colonial Bluford Land as described in the foregoing Amendment and the undersigned for and in consideration of valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby join in and consent to the execution of the foregoing First Amendment to City of Ocoee / Colburn Development Agreement and agrees that the lien of its mortgage described herein above shall be subordinated to the City of Ocoee /Colburn Development Agreement dated November 17, 1998 as recorded in Official Records Book 5623, Page 2313, as amended by Addendum thereto dated December 7, 2010, as recorded in Official Records Book 10176, Page 7236, all of the Public Records of Orange County, Florida, as amended by the aforedescribed Amendment. IN WITNESS WHEREOF, the undersigned has caused these presents to be executed this day of , 2011. Signed, sealed and delivered REGIONS BANK, in the presence of: an Alabama banking corporation Print Name: By: Printed Name: Title: Print Name: STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of , 2011, b who is the of a . He /she [ ] is personally known to me, or [ 1 has produced as identification. Signature of Notary Public Print Notary Name My Commission Expires: AFFIX NOTARY STAMP Commission No.: 18 ORLA_1711191.5 SCHEDULE "1" ADJACENT COLONIAL BLUFORD LAND C SKETCH OF DESCRIPTION DESCRIPTION COMMENCE AT THE SOUTHWEST CORNER OF NE SOUNwEST !,/4 OF SECTION JO TOPINSPAN 22 SOON, RANGE 21 EAST, ORANGE COuNN, FLORIDA; ?lima No07$1 A1ONC NE NEST ONE OF SAW SOUTHWEST /14 A DISTANCE OP 1502. ■ 1 FEET TO THE VAR ("We" OF Ni SOUTH 1/9 OF NE NORNMAST 1/4 OF SAW SONNWANT I/4; THENCE S1111E4O'0rk 410NO THE SOUTH LINE OP $AW SOUTH 1/2 A 01574141 or 1 42948 FEET TO A P01117 011 TOE EAST UN E 04 THE SOUTHWEST 1/4 OP THe SOUTHWEST '/4 OP SECTION TO THENCE 50v30 40140 SA(D EAST ON E , A 0LS7ANCE Or 58. FEET FOR A PONT Of DES1kNiNG, THENCE ITAMNUE S00•30'507, ALONG 5410 EAST LINE, A 01STAKE OF 497,33 FEET, THENCE 5119 A El:STANCE OF !MO 76 FEET TO 711E £4,57 umE OF THE 201,7RWEST 1/4 OF 5*54 5EC770N 20; THENCE S0()%32S7 E ALONG SVC 5457 4.4115. A &STANCE OF 734.88 FEET TO 7115 NORTH R■CHT-OF-WAY UNE Or WEST COLONIAL ORNE, 44.44 THENCE THE POLLOW(NC FOUR COURSES ALONC SAO NORTH RtCHT-OF-WAY ON( : (1) 589'482r8 A DISTANCE OF 778.90 FEET (2) 440507 A DISTANCE OF 24.85 FEET (3) 58.94s25"* A NSTANCE OF SS/ 37 FEET; (4) Novvroced A DISTANCE OP 8.78 FEET TO Ttd EAST L:NE OF THE LANDS DESCROED iN ExpeaT "A" OF THE DEVELOPMENT AGREEMENT RECORDED tN 047444. RECORDS WON 5423, FOSE 2313, Ftasie, RECORDS DP ORANGE CO01177. PLONWA; NENCt 440crJ9 44 (441(4 0410 LAST ONE. A 5#STANCE OE 44/5 Os FEET 70 A NOWT Ot GVAVATL;Mi ON A CUMA CUNCAA SOVNWASTENLY, POMO A RA00.15 OP 87.20 rte A CRUM) APAINNG OP N tb.'4,,' 4 !"W, A CREW* LESTANDA OF 40.44 P557, 111)44 NiNct 11000444it575144 7 AtORG 7115 ARC Of SAO CURVE, 7hROU0N A 547044 444015 OP .3050, A ms 04 40 . 111 FEET; T'titEecE 441147l'14r5 A *STANCE (0 4 FEE7 70 714E RCENT 04 080114M85 C)NTA,NS 1 ,000,117 SQUARE FEET OR 22 181 ACRES MOPE OR IESS :. S FaAR , - , , : :,, , P.LE :44TA ■ ! ,...G* V. •',.., c ^ A Ei... 41 ■ ..16',..li•'•:,•," :42' .. 0 1 E 4i17 32' = M ^n , I .;;;■.,,,,' ,...?*:. • 14 t...f,' N ••::.5 , SA NEw !,: 1/7 NtA 1, SW 114 . 75 '.' c■NE, 'f, 1,:'.: 3i$.9 40 t • 170 OP ,,.. ,, L t - - - - • - - ! •..„. - .ii.41N1 S.TREST - MAINS .51WRA7-- ----- -- - _ ------ - _ . _ _ _ _ ,.., . \ 1 NOT ; AT ; Li E. : ;pa ....;,i, ' /4, p :im. .4%. ' z 4 - ., ., 4 ' .' 4, t V qt ' ' 1 ' 41 ) ••• . ',,...; 6 , 4 '!)0"t: !,5,10. /l.' f.c .._ , . 4 ■ . . ,........., , w % I.., ,1 V i v• s 6' '.6) I 1,:.) , 1 ... 13()C, ,„ , - , EpWi R 'or : PC:77 4 .<. 448 44 . .. - 1.5 , , , . 443'.26 - W 778. cir,' i ..,,J.,:r.; v•d :6-?,...-reqi .., .` -.°' •.117..4RiAg RA , .! , • • • I re.s? COLONIAL LW/VW THIS SKFTCH IS NOT A POUNDARY SI loa # ,i160 - PR EPARED Fa: INTERPLAN LIZ I ATE. , ,i I t 41 ,,, '. Al_F_ 1 - ,■4 ELA5115, (TE.ArT,IRE IS 111 144( ASP EESE4 !II. 7 4_ IRNINE44 717 .:it'74 ':(d. 04 44. '44 :T,. 1AwEl WO Ili Illig,i,Tp .o. iiAsE,E Ait LRASiE 4.5L,57(. •...NA OEN,' 44o10 5.45 T% •:Artr- 4455744 N. "4,110P:44 7E7444P11:711 '.■ - , 0. o. .54 rs.44.. WA-, , : •A,,' , e ;OW, HOAK OF ;ANO .i:Oplet KW... ••■• R ^W,AN7 r.■ ' ,-0 R• :A.' `i k, • , ,,,.• ,,,,r., ,..•,.. ••;•,,, .w... T,1% ta:.7. 4 ,,,' 01,' (••• ••• ■"C 4:.(.44,04 •_,T47 :4 Cow, to.7 :4,.., le 2 i+V.14.147.7 A ,NK4A1. ', , :.a ;.4..,, h.c. ecv L•AS,s■Lt4" of Orinntio Inc.. 1,13 44 '.;. 1 201Z E. Robinson .S. . . Orlando, I'lorida .9,2803 .5 ..-.., Ao , , .. we 'ire. ;1.. ...44 ist.. .A ,. ' ?, , Z.: , ,c,,c c4.4c On P A7 RA') )... .1,47 , ;,..4.^...4z okv ,■■ A': ,i, ‘tt..:Ait;? • 44:7 VC .9 11, .. tt 15445n Au *It 44:1:30. 44114., ,‘,0 , -,-.,F , ..,, ..,.;.-;: Awe' i, t..■40At.: tAtch.7 V '..I - 4:1 r..i.VilAt La4.....kci 1..144,t•at 4ht 14 . (407) 894-6314 , ..„,,..., ^44, .1,,ir 4 jr IVA oe• ..,, :.,7 du. 0. It .MANI747717 7547417.1 nrlI1114J8•44.1 ..744 .r.rr 7 19 ORLA_1711191.5 EXHIBIT "I" 2011 NEW MAINE STREET CONCEPT PLAN 20 ORLA_1711191.5 a 2 1 fl i g l g ' l'• ' il I .`*/ 1 1 ' /\\- -' , % \ 1 t , 11 pi x. . . .%' 1 mi j iik CS A � ,, /' 1 e .. e 1- , ,,,E,..,„ , • ...„ „ ,,,,,,,f,,,,,- ,,,,,,,, i \- — ."7 .,■., .4 •. , o .,,,,,, . .;,_,- ,„...,,,,- I/ . 4 -, - 4k... Abb. 1111 '30 , w � .- p 51 I 6 9 , 7 w r 1 a M w , 1!,11 . :V ° 1 w / . // 1 ilp Ili! 1 a W ° . p 1 ' O 01,, E . _ . .... "- 0 GUARS , o — ., 1 . EXHIBIT ¢ I I i• i !ZI "'®0000no0o 0 e 7 • U p 0 O h I 1\ h I\ I\ n fr O N , 1 ,t00 Oc) u)OO A)In a- 4) if 11 �C t I� O 7 NN c0 I\ (.0 !D f`. I\ K r) 1\ Br, (0 In0 ( 1 I T 111 J 0 1� t1 a' O naS. cr�I`"�ON F a 'zwr)!n NN Nv!")N!�O"1N l i i JOO 00 O^ WNh xi c0 W 1 a Z 0 - : ^^ nOOM (NJ w ''! q r U CC7 00000 Iii 14.1 o . w z liggligl 4g. N o 01110 a E I \ o \ . 0" (N 1"S V �O<\o0 0)- Z co U 0 U U Z 0 0 0 U s ` Z00LO V7 V) —I 2 W w V) —: J `S --1 < ' �� ww¢w 4,¢¢waw OO U OO ( 3 N0')Im0O 0 ` o I_ CO .\ � O c6 � 01 of 4 C' cr (3)in n n N ._NN I /� S — 0W 41 ,3.x I V u .-n NnO - IU c.> +t JONO ^In (0 -00 of I t- A in'v )inocno ) om�inin I\ Q ^n,n!n,nowco oco c coco o �� �ZZ Z3cnZ0(J zZ I ''') rn . - N I l � NI In ON co �W J J 5 J 1 DO 1 i1 ,111 1 I 0 i r !� 6 1 w I w ■ yy C tit i 1 1 o Z ! ¢¢¢AAA 1 1 1 I z E� 1 r� Q pQ ' � r,' 0 N C ; ,, \ wS' ssrft 3 „0,0£ oasi /.1 i I I - - - T- - - insoaavl ' ea avow�ne 1� -b I I D i 1 I 'i U o I . ! 1 . L' X EXHIBIT "J" NEW MAINE STREET CROSS SECTIONS The following typical roadway cross - sections describe the basic layout of New Maine Street, with separate designs for Relocated Maine Street and Extended Maine Street. Transition sections where the roadway changes form one cross - section design to another are not included. Additional conditions apply to the design of this roadway. Relocated Maine St. - Bluford to Richmond Typical Cross - section J_ J 0 as "Brick" Paver .5 0 M ulti- purpose Trail with - Parking Travel Lane Median with Travel Lane Parking ci Sidewalk with cc Curbside Plantings I I I I Planted Islands I I I I Curbside Plantings 1. 14' ; , ; 8' � 11' 12' 11 8' 12' i I 80' r Note: Plantings embedded in sidewalks are not to encroach more than 4 feet into the width of the sidewalk, thereby leaving a minimum 10- foot -wide walking surface on the north and 8- foot -wide sidewalk on the south. Relocated Maine St. Westbound Approach at Bluford Ave. J = >✓ J 7 0 0 ca .o 0 O as cc a a Multi- purpose Grass Median Trail I Plantings I U I Travel Lane I I with Plantings I I Travel Lane I I Plantings 1 Sidewalk I 1 ! � 10' 7 .1i 2 „ � 12' • � 2 ' H 14' 0-12' � 4 12' ..12' • 9 � lo. • 8 i 80' � i i 21 ORLA_1711191.5 Extended Maine St. Eastbound Approach at Bluford Ave. J = = J O (3 0 0 0 us as 06 .s p cc Sidewalk with Thru Lane Grass Median Thru Lane Sidewalk with r Plantings I I (Westbound) 1 I 1 (Eastbound) 101 Plantings • 12' �! 2 ' !. 12' ► ! 2 ' ■ 14 10-! 2' h 12' ►! 2' '� 12' PI ■ 70' ► Note: Plantings embedded in 12 -foot sidewalk are not to encroach more than 4 feet into the width of the sidewalk, thereby leaving a minimum 8- foot -wide walking surface. Extended Maine St. Westbound Approach at Maguire Rd. N N J 7 j J .6 Raised °5 0 cc Sidewalk with t Right -turn Lane Thru & Left -turn Concrete Thru Lane F Sidewalk with G! Plantings 101 (Westbound) I Lane (Westbound) 1 Median 1 (Eastbound) 101 Plantings 12' • 12' 12' 6' 12' ' •_ ► ;21• 0. 0. ► •• ►i2 12 ' I 70' • Note: Plantings embedded in 12 -foot sidewalk are not to encroach more than 4 feet into the width of the sidewalk, thereby leaving a minimum 8- foot -wide walking surface. 22 ORLA_1711191.5 EXHIBIT "K" The Contractor shall not commence any work under the Approved Contracts until all of the following types of insurance have been obtained and approved by Colonial Bluford or CCN, as the case may be, and the City of Ocoee, nor shall the Contractor allow any Subcontractor to commence work on a subcontract until all similar insurance required of the subcontractor has been so obtained and approved. Policies other than Workers' Compensation shall be issued only by companies authorized by existing certificates of authority issued to the companies by the Department of Insurance of Florida which maintain a Best's Rating of "A" or better and a Financial Size Category of "VII" or better according to the A.M. Best Company. Policies for Workers' Compensation may be issued by companies authorized as a group self - insurer by F.S. 440.57, Florida Statutes. 1. Loss Deductible Clause: Colonial Bluford or CCN, as the case may be, and the City (collectively, the "Additional Insureds ") shall be exempt from, and in no way liable for, any sums of money which may represent a deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of the General Contractor and/or subcontractor providing such insurance. 2. Workers' Compensation Insurance: The Contractor shall obtain Worker's Compensation Insurance with Employer's Liability Limits of $500,000 /$500,000 /$500,000 for all the Contractor's employees connected with the Approved Contracts and, in the event any work is sublet, the Contractor shall require the subcontractor similarly to provide Workers' Compensation Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the Contractor. Such insurance shall comply fully with the Florida Workers' Compensation Law. In case any class of employees engaged in hazardous work under the Approved Contracts is not protected under the Workers' Compensation statute, the Contractor shall provide, and cause each subcontractor to provide adequate insurance, satisfactory to Colonial Bluford or CCN, as the case may be, for the protection of the Contractor's employees not otherwise protected. • Include Waiver of Subrogation in favor of the Additional Insureds. 3. Contractor's Public Liability and Property Damage Insurance: The Contractor shall obtain COMMERCIAL AUTOMOBILE COVERAGE. This policy should name the Additional Insureds as an additional insured, and shall protect the Contractor and the Additional Insureds from claims for damage for personal injury, including accidental death, as well as claims for property damages which may arise from operations under the Approved Contracts whether such operations be by the Contractor or by anyone directly or indirectly employed by the Contractor, and the amounts of such insurance shall be the minimum limits as follows: A. Automobile Bodily Injury Liability & Property Damage Liability • $1,000,000 Combined single limit per occurrence (each person, each accident) • All covered automobile will be covered via symbol 1 • Liability coverage will include hired & non -owned automobile liability • Include Waiver of Subrogation in favor of the Additional Insureds. 23 ORLA_1711191.5 B. Comprehensive General Liability (Occurrence Form) - This policy should name the Additional Insureds as an additional insured and should indicate that the insurance of the Contractor is primary and non - contributory. • $2,000,000 GENERAL AGGREGATE • $2,000,000 PRODUCTS - COMPLETED OPERATIONS AGGREGATE • $1,000,000 PER OCCURRENCE • $1,000,000 PERSONAL & ADVERTISING INJURY • Include Waiver of Subrogation in favor of the Additional Insureds C. Subcontractor's Comprehensive General Liability, Automobile Liability and Worker's Compensation Insurance: The Contractor shall require each subcontractor to procure and maintain during the life of the subcontract, insurance of the type specified above or insure the activities of these subcontractors in the Contractor's policy, as specified above. D. Owner's Protective Liability Insurance: As applicable for construction projects, providing coverage for the named insured's liability that arises out of operations performed for the named insured by independent contractors and are directly imposed because of the named insured's general supervision of the independent contractor. The Contractor shall procure and furnish an Owner's Protective Liability Insurance Policy with the following limits: $1,000,000, and per occurrence, $2,000,000. Aggregate and naming the City of Ocoee as the Named Insured. E. Commercial Umbrella: • $1,000,000 PER OCCURRENCE • $2,000,000 Aggregate • Including Employer's Liability and Contractual Liability F. Builders Risk: • $100,000 Any (1) Location • $1,000,000 Any (1) Occurrence 4. Certificates of Insurance: Certificate of Insurance Form (see sample attached), naming the Colonial Bluford and CCN, as the case may be, and the City of Ocoee as an additional insured will be furnished by the Contractor before commencing any work under the Approved Contracts. These shall be completed by the authorized Resident Agent and provided to each of the Additional Insureds. These certificates shall be dated and show: i. The name of the Insured contractor, the specific job by name and job number, the name of the insurer, the number of the policy, its effective date, its termination date. ii. Statement that the Insurer shall mail notice to the Additional Insureds at least thirty (30) days prior to any material changes in provisions or 24 ORLA_1711191.5 cancellation of the policy, except ten (10) days written notice of cancellation for non - payment of premium. 25 ORLA 1711191.5 1 ACORD. CERTIFICATE OF LIABILITY INSURANCE OP ID JC DATEIMale 7RAHH -1 11/04/04 PRODUCES THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE I HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POUCIES BELOW. • NSURERS AFFORDING COVERAGE NAIC a INSURED RLIUREt A. W Mat Rating •- or letter INSURER a CoAtract0r Name o esa POURER D: INSURER e COVERAGES TEE POLICIES OF NSURANCE LIFTED BELOW HAVE BEEN =ED TO THE INSURED NAMED MOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REDUIREYENY. TERM OR CONIORON OF MY CONTRACT OROTHER OOCUMERY WITH RESAECTTO WHICH THIS CERTIFICATE MAY BE ISSUED OR NAY PERTAIN. THE INSURANCE SPOILED EYTHE POLICES OEICRRED HEWN IS SUEJECT TO ALL THE TERN* 3 CWSIONE AND CO OTIO$S OF SUCH PO�LI AGGREGATE WITS SHOWN MAY HAVE SEEN REDUCED SY PAZCLAIM& �pL1CY E�F�7M 'UMW F ER I L NERD TYPE OPISXANCE POLICY NUMBER DATEIMMIDO'YTI DA LMTS OENDIAL UMI.RY EACH DcNc3 ' $ 1, 000 , 000 X X c0INERCL .Gamow.umu RY PRIMES 150,000 I CIAIMSMADE © OCQAR MED EP(AFTmIpaw) $ PERSONAL. a ADY MIRY 11, 0 0 0, 0 0 0 .—' - GENERAL AGGREGATE 1 2,000,000 OENt AGGREGATE PPLES PER PRODUCTS• CO/OP AGO 12 , 000,000 1.� IAET A w nLoc AUTOMOBILE LIABEJTY COMBINED SINGLE LW s1, 000, 0 X ANY AUTO (Ea Mese) ■ ALL OWNED AUTOS RYW,7RY S — SCHEDULED AUTOS — X EPEDAUTOS BO s X NONOWNEO _, (Per . s GARAGE IIAINUTY AUTO ONLY • EA ACCIDENT E ANY AUTO OTNERTWW EAACC 1 _ — AUTO ONLY: AGO .1 le.CESSMAIIIIELIA MIKITY EACH OCCURRENCE 1 1,000,000 X X occua El C AIAS MAI7E AGGREGATE 1 2, 000, 000 / DEDUCTIBLE 1 RETENTION OMPENSA TIGN s X 1T Ay n 1 1 "' woNLNw COMPENSATION MO EAILOYERt UNLITY ELL EACH ACCIDENT 1$00 ♦000 I AIN uTlve EL. DISEASE. EA EMPLOYEE 1 500 , 000 le bel. E.L. DISEASE- roucy %03T s 500,000 OTHER Builders Risk Any 1 Loc 1,000 Any 1 Occ 1,000,000 OLSCRIFTIDN OF OPERATIONS /LOCATIONS / VEHICLES EXCLUSION. ADDED C E DORSEAENr USPECw. PROVISIONS The insurance evidenced by this certificate shall name the certificate holders as an additional insured on the 1 Liability i Umbrella Liability. Workers Compensation, Employers' Liability i General Liability shall contain a Waiver of Subrogation in favor of the certificate holder. The certificate holder is added as a n®d $Seed fir Sllldess Ridc. CERTIFICATE HOLDER CANCELLATION OCOBe01 SHOULD ANY OPINE ABOVE =SCRIM POULIlO NWICELLED SWORE TM ElPSRATIOA DATE THEREOF, TIM MONO INSURER WILL ENDEAVOR TO MAR 10 DAYSWIUITEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO MR LEA. NUT FALUlS TO 00 SD SHALL City of Ocoee WOO NOOIUDATON ORUMEUTY GP ANYBNO UPON THE INSURER. ITS VIERS OR 150 N. Lakeshore Drive NINIIYNNmaNrATIVNIa Ocoee IL 34761 -2258 AUTHOR= REPRESENTATIVE ACORD 25 (2001/05) as O ACORD CORPORATION 11181 Shpt t 26 ORLA_1711191.5 Y - ■r , THIS INSTRUldENT PREPARED BY I . , AND SHOULD BE RETURNED TO: li • i Paul B Re>seuel, E411- FOLEY & LARDNBR 111 Notts Orange Avem e. Sank 1800 Post Office Box 2193 t Orlando. FL 32802 -2193 Orange Co FL 199_ �8-0..492003 1 (407)4X3 --7656 OR 1 H 5 Pg 2313 RETURN TO: Roc 145.50 i Jean Grafton, City Clerk • ' City of Ocoee K- AA ? 150 North Lakeshore Drive r Ocoee, FL 34761 _ For Recording , . _ OW; , ' I • ' ":- at, ' CITY OF OCOEE/COLBURN DEIELMMENTAGREZENT : • , ' THIS DEVELOPMENT AGREEMENT (this " Agreement ") is made and entered into I Ili this 19vu day of Novel/tact . 1998, by and between WILLIAM E. COLBURN and JOHN 1). COLBURN (hereinafter "COLBURN "), CCN INVESTMENTS, INC.. a Florida corporation, formerly known as CYPRESS CREEK NURSERY, INC., (hereinafter "CCN "), CAMBRIA. a Florida general partnership (hereinafter "CAMBRIA "). and the CITY • OF OCOEE, FLORIDA, a municipal corporation existing under the laws of the State of y r • ' Florida (hereinafter "CITY "). COLBURN, CCN, and CAMBRIA shall be collectively h I referred to as 'OWNER." . • RECITALS ' 19 4 I. 'The OWNER owns fee simple title to property consisting of three adjacent • 1 1 e parcels of real property located in the CITY's corporate Iimits. The first and second parcels a • rc owned by COLBURN and CAMBRIA, respectively. and are located at the northeast corner of Bluford Avenue (State Road 439) and State Road 50, said property being more particularly 4. described in " ° and Exhibit "C ". respectively, attached to and incorporated into this Agreement and hereinafter referred to as the "East Property ". The third parcel is owned 1 0. 'i r by CCN and is more particularly described in Exhibit "B" attached to and incorporated into 1 this Agreement and hereialafte collectively ctively referred to as the "West Property The West ; Property is loafed north of State Road X and between Bluford Avenue and Maguire Road. Except where specifically designated as either the "East Property" or the "West Property," the • ;; three parcels shall be collectively referred to herein as the 'Property ". -- - '' 2. The Property is free and dear of all Liens and encumbrances except for those • • ; ; permitted encumbrances set forth in Exhibit "D" attached hereto and by this reference made a • y . part hereof (herelnafta the ?ermined Encumbrances "). . •.. i.Btr• :. ,w ; 3. The Property was annexed into the CITY pursuant to CITY Ordinance No. 799 "J ' on December 4, 1984. Furthermore. the zoning classification for the Property was established ' f as C -2 pursuant to C1TY Ordinance No. 861, enacted December 17, 1985, and is currently "� ' ' zoned C-2. 1 i . ... .. - 4. The OWNER has full power and authority to make, deliver, enter into and • • -a , . perform pursuant to the terms and conditions of y ` r. this Agreement, and has taken all necessary ' action or its equivalent to authorize the execution, delivery and performance of the terms and u `-t. conditions of this Agreement. 5. The OWNER has made •- ; , and will continue to make, financial commitments and .. .. expenditures in reliance upon and in contemplation of the eventual development of the V rvM Property, as more particularly set forth below = ')`'' y' 11/18/98 ' . ••.. . 'r - i . •' 006.100672.6 .. t '1 OR 5623 2314 - --- • -- - ,:-.--. • Orange ek Co Fl 1 998. 0492003 f -- �"" 6. In anticipation of eventual development of the Property, the OWNER has taken I certain actions, including, but not limited to, the following. (a) On June 12, 1984, the OWNER granted a one (1) -year temporary i . : construction easement and a utility easement to Prima Vista Utility Company, Inc. (`Prima Vista') to accommodate the construction of a lift station and appurtenant structures for the , transmitting and/or distributing of wastewater sewer services designed to serve the Property and other properties located in the CITY. • , (b) On December 30, 1987, the OWNER (and several other property ' owners) entered into a wastewater developer's agreement with the CITY in which the CITY , x . agreed to provide sewer service capacity to the Property after the CITY acquired the sewer S7 as utility system formerly owned by Prima Vista, subject to the terms, conditions and limitations •, �.' set forth in said agreement. .. 1 (c) On November 14, 1988, the Property was made subject to the Orange ' . County/City of Ocoee Water Service Territorial Agreement, Contract No. W -88-06. This . • agreement included the Property in the CITY's territorial area, which made possible the • ,... i eventual provision of water service to the Property. , (d) On July 31, 1989, the OWNER joined with other property owners and 4 entered into the West 50 Water Line, Inc. Construction Agreement with the CITY (the 'West I ! • 50 Agreement "). (e) On April 2. 1991, the OWNER gave the CITY easements to accommodate the building of the water transmission main as well as other water lines (and for maintenance of the lines) upon the Property. • to of (f) On October 1, 1992, the OWNER entered into an amendment to the ', CITY's Wastewater Developer's Agreement No. OWW 10 (the "Amendment ") which amended the previous Wastewater Developer's Agreement of December 30, 1987. • 7. The CITY and OWNER acknowledge a ccatinuing mutual benefit which they A 4 ' • will receive by virtue of their fulfilling their obligations hereunder. . • 8. The OWNER has submitted to the CITY an Application for Vested Rights on the East Property (hereinafter the "Vested Rights Application "). • � -% 9. The CITY desires to relocate that portion of Maine Street which crosses the East g '44 , Property (the "Relocated Maine Street ") to a portion of the East Property located south of •' '1 Maine Street (hereinafter the "Relocated Maine Street Land'). The CITY also desires to have is o i t Maine Street extended from Biuford Avenue to Maguire Road (the "Extended Maine Stmt ") k by dossing through a portion of the West Property (hereinafter the "Extended Maine Street t Land"). � ... ' • 10. The CITY desires by this Agreement to designate the Relocated Maine Street • and the Extended Maine Street (hereinafter collectively referred to as the 'New Maine Street") .........4...-....., -. , , t • .• liosistivatalei. as one of the CITY's collector roads eligide for road impact fee credits. 11. Subject to the terms, conditions and lindtadons set forth herein, the OWNER ': desires to convey the Relocated Maine Street land and the Extended Maine Street Land to the _ • ) CITY and to design, engineer, permit and construct, at the OWNER's expense, the New - """"'�` r ` Maine Street across said lands and to receive from the CITY road impact fee credits for doing " ` ;'. so; provided, however, that the CITY may elect to design, engineer, permit and /or construct -- Relocated Maine Street and/or Extended Maine Street as provided herein. '—. =:v .,'- 12. Subject to the terms, conditions and Gmitatioro sec forth heroin, (a) the CITY ', .:. ' : desires to obtain portions of the West Primal) in connection with proposed improvements to . ^ „'� ;•; Maguire Road, (b) the OWNER desires to convey to the CITY a ten (10) foot wide portion of ' . -7% ' the West Property located adjacent to and east of Maguire Road as additional Maguire Road 8M Y (hereinafter referred to as the 'Maguire Read Lad' ri Magu ), (c) the OWNER desires to '': > -of -wet convey to the CITY an approximate 1.0 acre portion of the West Property needed as a y„ ` d r ci +i. 006 .105632.0 2 t ORAk5623Py2315 Orange Co FL 19913- 0492003 stormwater retention pond ( "Pond 1 ") to provide treatment and attenuation for the stormwater runoff for Maguire Road and improvements thereto, for Extended Maine Street, and for the portion of the West Property Ioaated south of Extended Maine Street (hereinafter referred to as the "Pond 1 Land', and (d) the OWNER and the CITY desire that Pond 1 be developed by { the CITY, at the CITY's expense, as a joint use retention pond to be owned and maintained by i -. the CITY, CITY's expense, intended to serve Maguire Road and improvements thereto, ! Street, and that portion of the West Property located souh of Extended Maine Street (hereinafter referred to as the "Southern Portion of the West Property "). • f • . • .0 13. Subject to the terms, conditions and limitations set forth herein, the C1TY x:, desires to obtain and the OWNER desires to convey to the CITY that portion of the West a .\--1 \'"i 1 Property required as an approximate 0.6 acre stormwater retention pond ( "Pond 2 ') to serve as • an ontfan for Pond 1 and to provide treatment and attenuation for stormwater runoff for '. t Extended Maine Street and for the Property i • ' portion of the West looted north of Extended Maine Street (hereinafter referred to as the `Pond 2 Land') and to receive front the CITY - Road Impact Fee credits for the portion of the Pond 2 Land requited as a stormwater retention . 1 pond for Extended Mamie Street. The OWNER and CITY desire that Pond 2 be developed. as :s.. li set forth herein, as a joint use retention pond to be owned and maintained by the CITY, at the ; C expense, intended to serve Pond I as an ottfall and to serve Extended Maine Street and that portion of the West Property located north of Extended Maine Street (hereinafter referred to as the 'Northern Portion of the West Property "). 14. Subject to the terms, conditois and limitations set forth herein, the CITY � } desires to obtain and the OWNER desires to grant to the CITY the following permanent • drainage, utility and slope easements: y 1 (a) a ten (10) foot wide easement ( "Easement No. 1°) over that portion of i ') the East Property located adjacent to and south of the Relocated Maine Street Land (the • Easement No. 1 Lane); t) i - (b) a ten (10) foot wide easement ( "Easement No. 2 ") over that portion of t West , li q, i : Property located adjacent to and north of the Extended Maine Street Land (the "Easement No, 2 Laid "); and (c) a ten foot (■ ! 1 (� easement ("Easement No. 3') over that portion of the . A li.. o� Property e located adjacent to and south of the Extended Maine Street Land (the "Easement g_ c� ', The Easement No. l Land, the Easement No. 2 Laid and the Easement No. 3 Land are herein es ' ; collectively referred to and the "Easerndat Land ". The o ,` of all trees, weep park iig and other ' Easement Land b intended to be clear " ' a improvements so that there will be no sight affecting New Maine Street; provided, however, that sidewalks restrictions e 1 Easement Land. maY be located within the 15. Subject to the terms, conditions and limitations set forth herein, the CITY desires to obtain and the OWNER desires to grant to the CITY the following temporary 1 easements for design, engineering and construction purposes: xr :• -.- (a) a fifteen (15) foot wide easement ( "TCE No. I") over that portion of the ,.. ! East Property located adjacent to and south of the , Lands); Easement No. 1 Land (the "TCE No. I ' (b) a fifteen (I5) foot wide casement ("TCE No. 2 ") over that portion of the West Property located adjacent to and north of the Easement No. 2 Land (the "TCE No. 2 . Land"): :� : (c) a fifteen (15) foot wide easement ( "TCE No 3 ") ov and (th Ova that portion of the �" West Property located adjacent to and south of the Easement No. 3 L °TCE No. 3 ); and °' t. a' •' V . 9 006.105632 a 3 • ' OR Rk ISSP..3 og 2316 Orange Co Ft 1998 (d) a fifteen (15) foot wide easement ( "TCE No. 4 ") over that portion of the West Property located adjacent to and east of the Maguire Road Land (the "TCE No. 4 set.; i Land "). The TCE No. 1 land, tie TCE No. 2Land, the TCE No. 3 Land and the TCE No. 4 Land are herein collectively referred to as the "TCE Land ". 16. Subject to the teams, conditions and limitation set forth herein. the CITY - • - desires to obtain and the OWNER desires to grant to the CITY a temporary upon R ("TDB No. 1`) across the West Property, at a location to be mutually `� . ,A �d upon by the . parties, In order to install and maintain a k : allow stotmwater from drainage �� to Pow 1 and Pond 2 and to . l -. ( Pond 1 and Extended Maine Street to drain to Pond 2. The foregoing ( • • '� ,'4 easement will be made pamanent in connection with the platting of the West :' ' . 1r be terminated upon g of the West Property. P fOPertY a»d will • • f 17. The OWNER further desires to vacate (subject to a reservation by the CITY for • • utility easements) that certain section of Richmond Avenue which lies on or adjacent to the • East Property and south of the Relocated Maine Street Land and thereby facilitate the futufe ' t development of the East Property, ■ 18. Subject to the terms, conditions and limitations set forth herein, desires to dedicate and convey to the CITY. and the CITY of the OWNER and conveyance oldie portion of the East Property which will desires of tie Relocated Maine Street Land (and btlade the existing Maine Street brick road), said land being referred to ��. herein as the "Park Land ". vs +1 '1.: the Easement 9. N l Theapproximate location of the Relocated Maine Street Land, the Park Land, Land, and the TCE No. 1 Land are depleted on the Sketch attached hereto ' • " " and by this reference made a part hereof (the `East Land Sketch "). 20. The approximate location of the Extended i. Land, the Pond I land, the Pond 2 Lau Maine Street Land, the Road 4 d, the Easement No. 2 Land, the Easement No. 3 � Land, the TCE No. 2 Land, the TCE No. e nd + ki hallo as 31and and by this and ref made a TCE No. 4 La e nce part berate depkted on the 1 1c Sketch bereof (the "West I Land S t 4 to to as the 21.and The i Land Sketch and the West Land Sketch are herein collectively referred ". t 22. The CRY and the OWNER hereby ac{ttiowled and < < this Agreement and any future acts as b warrant to the le on that - CITY and the OWNER, S hereby are t binding and enforceable on the : ' 1 tivuY. in accordance with their teruhs. 23. 'Melanin now desire to set forth their d the receipt and ; • . in writing. regarding this agroanenc "ma — • + i- I ACCORDINGLY is cousi •• d eration of the recitals hereof and of the mutual covenants ~ and conditions contained herein, and other good and valuable coasideradon, pt an R.iWyHd '` "" ' ► . suftleiettcy of which are acknowledged by the -.4 ,,, C, parties, the OWNER and 1' �,, "�.• • ; errant and agree as follows: the Q� �bY ' �*�� -. • .{ '1'°` r` ¢ "`. SECTION L ALt3. l T he ab ove recitals arc true and cornea, and form a -' .- • • • material part of this Agreement. • - ECTION 2. the Flo Cow' This Agreement is entered into under the authority o i S the Flo i muakr (iadut ng Article VIII, Section 2(b) thereof). the general powers „ . Florida Statutes), and the CITY'S Code, including but not limited Sim 163 and 87 of the CITY's Code. to axiom 87-6 of Clutter .. • M1 •i . OOa 106!!2 e 4 • I , i , D Oran " g g e C oo FL 1918-o49200 3 SECTION 3. Agnallingenangiag. The obiigations of the CITY and • !�' OWNER under this Agreaneat are conditioned entirely upon the occurrence of all of the • 1 following: 1 (a) The seeding by the CITY of that portion of Richmond Avenue located • south of the Relocated Maine Street Land as more particularly described in Section 14 ' hereof (the "Richmond Avenue Contingency "). ir (b) The issuance by the CITY of a Certificate of Vested Rights for the East r""x' Property perdue to the Vested Rights Application (the "Certificate of Vested Rights') i and the acceptance of the Certificate of Vested Rights by the OWNER (the "Vested . S `�.�.•.'t• Contingency"). ` In the event the R ichmond Avenue Contingency and the Vested Rights Contingency . 0 5 ' (collectively, the "Agreement Contingencies ") are not satisfied by February 17, 1999, then in • e e , • such event this Agreement shall be automatically terminated. unless otherwise agreed to by the CITY and OWNER, and shall be of no further force and effect. Upon such termination the parties hereto shall execute a notice of termination In recordable form. Upon satisfaction of i the Agreement Contingencies, the CITY and OWNER shall execute a certification of such satisfaction, in recordable form. i SECTION 4. LAND CONVEYANCFS BY OWNER TO CITY. CITY and OWNER agree to the following tams with respect to the conveyance of the Relocated Maine Street Land, the Extended Maine Street Land, the Park Land, the Maguire Road Land, the Pond 1 Land and the Pond 2 Land (said lands being herein collectively referred to as the '" ti 'Donated Lands "): Q 1 4.1 per. The OWNER will convey to CITY marketable, fee a �' simple title to the Donated lands, within thirty (30) days of receipt from the CITY of a written a I . \ request to do so, provided, however, that (1) the CITY shall not make such request prior to the n satisfaction of the Agreement Contingencies, and (1i) such request shall be accompanied by (a) • a Sketch of Description and Legal Description of the Donated Lands certified to the CITY and OWNER, which will be prepared by the CITY, at the CITY'S expense, subject to the approval ' } of OWNER, such appro not to be unreasonably withheld, and (b) a form of deed consistent • -? with the requirements of this Agreement. The CITY from time- to-time shall give such notice • g !.41 1 to the OWNER with respect to all or a portion of the Donated Lands. Notwithstanding the foregoing, the Donated Lands, or a portion thereof, may, at OWNER's option. be conveyed at au earlier date as provided in Section 6 hereof. 1 i 4.2 d lioasl iliadons. The CITY will not require the OWNER to ';- dedicate any portion of the Property to the CITY except for the Donated Lands and such portion of the Property as may be necessary for tarn lanes based upon the specific development plan proposed for the Property; provided, however. that the foregoing shall not be construed as ' a waiver of the eminent domain powers of the CITY. • ;:4444. 4.3 Comm. he conveyance of the Donated Lands steall be by general wad; • • i - C,�qr warranty deed, free and clear of all liens and encumbrances. except for easements of record. if • ` , 4--, any, but subject to the Permitted Encumbrances. The form of deed shall be prepared by the •t ' t CITY consistent with this Agreemaa, subject to the approval of OWNER not to be • • ?. h' • unreasonably withheld The conveyance of the Park Land shall be subject to the reservation by • • • " I the OWNER of all vested rights which may be associated with the Park Land as sa forth in • any Certificate of Vested Rights issued by me CITY with respect to the East Property. The . • J conveyance of the Pond 1 Land and to Pond 2 Land shall be subject to the reservation of a stormwater drainage easement for the benefit of the Southern Portion of the West Property and • the Norttent Portion of the West Property, respectively. Except as set forth herein, the • • conveyance of the Donated Lands shall not be subject to any restrictions or reservations in favor of the OWNER. The desaIptive die ascnbed to each of the Donated Lands are ',. • • .1 intended for convenience only and net as a limitation on the use of such lands by the CITY; provided, however, that the CITY may not use any easement granted herein by OWNER In an M.. L .. . [- � 006.105532J 5 I t i flR Ilk 5623Pg21A 1 • Orange Co FL 19 -9POp3 . unreasonable maneer a in a manna inconsistent with the rights, dudes and obligations set forth in this Agreement. • : 4.4 $xpenseg: Prorations. The CITY shall pay the following costs associated with the conveyance of the Donated Lands: all recording fees and documentary i stamp taxes, if any, relating to such conveyances. Ad valorem taxa in connection with the conveyance of the Donated Lands shall be prorated as of the date of transfer of title and the prorated amount shall be paid by OWNER to Orange County, Florida, in escrow pursuant to • '� ' Section 196295, Florida Statutes, unless the conveyance occurs between November 1 and • e' �'� December 31, in avhieh case ad valorem taxes stall be paid In full by OWNER for the year of - . conveyance. The applicable ad valorem taxes shall be paid by OWNER contemporaneous with fi • :! the delivery of the decd. ^� 4.5 Title Evidence. Contemporaneous with the conveyance of the Donated Lands and delivery of the General Warranty Deed to the CITY, the OWNER shall provide the .9 1 CITY, at OWNER': sole cost and expense, a current title opinion or current tide commitment wN.a.. (to be followed with a title policy) evidencing that fee simple title to the Donated Lands is rusted in the OWNER and evidencing that the Donated Lands are free and clear of all Liens and kw eacnmbraaces. except for Permitted Encumbrances. OWNER represents to the CITY that 1 , none of the Permitted Encumbrances will prevent use of the Relocated Maine Street Land, the ' Extended Maine Street Land and the Maguire Road Land for roadway purposes or prevent the use of the Park Land for park, roadway, or stomnvater drainage purposes, or prevent the use nd of the Pod 1 La and the Pad 2 Land for stormwata drainage purposes. - 4.6 Road Inman Fee Credits. The OWNER shalt receive road impact fee tsedits for the benefit of the Property with respect to the conveyance of the Relocated Maine H c. 11•1' , I • Street Land, the Extended Maine Street L and, and that portion of the Pond 2 Land required as a stormwater retention pond for Extended Maine Street, all as provided in Section 9 hereof. Si • . • The OWNER shall not receive any road impact fee credits or other compensation in connection -1, with the conveyance of the Park Land to the CITY. The OWNER shall not receive any road impact fee credits or other compensation in connection with the conveyance of the Maguire • t Road Land and the Pond 1 Land. GRA SECTION S. NT OF ltw ectzaatrrae to 1 • 5.1 1 q cI 'r'"- Fes. The OWNER shall grant to the CITY the following s easements in accordance with the schedules set forth below: :' c: a a (a) Easement No. 1 and TCE No. 1 conte -. conveyance of the Relocated Maine Street Land. �� with the (b) Easement No. 2, )asement No. 3, TCE No. 2, and TCE No. 3 i contemporaneous with the conveyance of the Extended Maine Street La. . 7-r, rd •:.. Road Land. (c) TCE No. 4 eontwtporaneots with the conveyance of the Maguire (d) TDE No. 1 contem .... 1 {y..: Bid `-.1 : '" , ' . ` ..1 ” I ' + eyance of the Pond 1 �` land and/or the Pond 2 Land. l with the wnv " %`' t L . above easements are cofectively referred to herein as the 'Easements" - - - Contemporaneous with the delivery to OWNER of a Sketch of Description and Legal Description for the Donated Lands, the CITY shall deliver to OWNER a Sketch of Description F� and Legal Description of the sppliable Easement land and TCE Land related to the + 1'4' • Easements to be granted by OWNER along with the Donned Lands (or potions thereof) being ; conveyed. such legal daaiptions to be certified to the CITY and OWNER and being subject to 1 the approval of OWNER, such approval not to be unreasonably withheld. 52 ue Evid 'The granted of the Easements shall accompanded with • '� w .. tithe evidence in the same manner as set forth is Salon 4.5 hereof. - • •►: • ... 000.105532.0 6 t si A.. .`r} lOri �1E' `°;rte:- - - - - - -:- - - • nR Irk SK?:R Pn a:A1 9 6ranoe Co FL 1998- 0492003 i 5.3 Joinder and Cements•rdine. The Easements shatl be accompanied by the joinder and consent of all parties with an interest in the Easement Land and the TCE ; U, ; Land, including but not limited to any mortgagees of such property. The F,erements shall be • granted free and clear of all liens and encumbrances, except for Permitted Encumbrances. The City shall pay the cost of recording the Easements. 5.4 Form of Easements. The Easements across the TCE Land shall be in substantially the form attached hereto as Xxhibit "H' and by this reference made a part hereof. The Easements across the Easement Land and the form of TDE No. I shall be ` ', A prepared by the CITY and shall be in a form and content typically requited by the CITY for t • ,.--7 .4 similar easements and shall include such terms and conditions as may reasonably be required �S .t by the CITY in order to construct, operate and maintain the improvements to be located t - .e4 thereon provided, however, that the form of such Easements shall be subject to the approval l { of the OWNER, such approval not to be unreasonably withheld. ' p 5.5 leinge ry sn t. Connction Ease ments, Notwithstanding any provision • fir.... / n contaied herein to the contrary, the OWNER shall be obligated to: (a) grant TCE No. 1 only ■ if the CITY elects to construct Relocated Maine Street, and (b) grant TCE No. 2 and TCE No. 3 only if the CITY elects to construct Extended Maine Street. - • SECTION 6. LEGAL DEECRIyrtnw 6.1 Approximate Descriptions. The legal descriptions of the Relocated Maine Street Land, the Park Land, the Pond 1 Land, the Pond 2 Land, the Easement Land and the TCE Land (collectively. the "Legal Descriptions as depicted on the Land Sketch are intende 9 r , 4 d to be approximate and do not constitute a formal survey or sketch of description thereof. The parties recognize that the Legal Descriptions will be finalized based on the final design and engineering of the affected portions of New Maine Street and Maguire Road, but •' shall be generally consistent with the Land Sketch unless otherwise agreed to by OWNER. 11 I ;I. ; ! ` 6.2 Owner's Preparation of Legal Descriptions. If the OWNER designs : 1 Relocated Ma Street or Extended Maine Stree then such design shat include the Legal Descriptions f or tie Relocated Maine Street Land, the Extended Maine Street Land, the Fasanent No. 1 Lead, the Easement No. 2 Lard tie Easement No. 3 Land end the pond 2 a f Land. The foregoing Legal Descriptions wit then be approved by the QTY as part of the : Approved Plans as described in Section 8.3 hereof. .4 6.3 Owner's Option to Prepare Legal Descriptions, Without regard to en , 1 whether or not the OWNER designs any portion of New Maine Street, the OWNER may elect, :. at OWNER'S expo, to prepare one or more of the Legal Descriptions in which case the e OWNER shall provide the CITY with a Sketch of Description and Legal Description thereof • :t certified to the CITY and OWNER, which will be subject to the approval of the CITY, such • _ _.--. a' - approval not to be unreasonably withheld. ; curds • ., 6.4 Accelerated Conveyance of Donated buds and Easements. With respect • — to any lands for which a Legal Description has been prepared by OWNER and approved by the .aaromaan CITY, the OWNER may request in writing that the CITY accept conveyance thereof (along - ,,.,:..r .- ;: with the applicable Easements to be conveyed therewith). In the event of such request. the ; ` r`Y,' a • .• -_ ., applicable land and easements shalt be conveyed to and accepted by the CITY whiter thirty .,r. . ,' .: ( days of receipt of such request. Any such conveyance shall otherwise comply with all '". i applicable provisions of this Agreement. previously ' SECTION /. ,•• :r= t-:'�'� .`.. 01? R VES72tn RIG1iT3. The OWNER has •;: - .'' 1 submitted to the CITY an Application for Determination of Vested Rights P y ~ "> glts (de Vested Rights Application'). If it has not done so prior to executing this Agreement, the CITY will issue a Certificate of Vested Rights or deny the Vested Rights Application within ninety (90) days of . .: • executing this Agreement. It is contemplated that the CITY will have issued the Certificate of t Vested Rights prior to the OWNER's conveyance of the Park Land and that the OWNER's , s:. conveyance of the park Land to the CITY will reserve to the OWNER all of the vested rights which may be associated with the Park Land as set forth in the Certificate of Vested Rights 00a405e112.5 7 • • �a� n ."rb �,,", _ _ ._.... - .. I ii i i OR Bk 5623 pg 2324 Oranga Co FL 1498 - 0492003 t , issued by the CITY ( the `Reserved Vested Rights "). The CITY and OWNER hereby agree that upon conveyance of the Park Land to the CITY as provided in Section 4 hereof that all of 4 the Reserved Vested Rights shall automatically be transferred from the Park Land to the West Property so that all of the West Property will thereafter be vested in the same manner as if originally vested by the Certificate of Vested Rights, subject to the tats, conditions and • limitations set forth in the Certificate of Vested Rights. It is the intent of the foregoing to allow the West Property to be developed as a vested parcel for commercial purposes in • accordance with the airs C-2 zoning district, as it may from time to tint be amended. The • foregoing provisions are a material inducement to the OWNER's conveyance of the Park Land A . r ( , . . to the CITY and the parties hereto adonowl edge that the OWNER would not have entered into 4 this Agreement and agreed to convey the Park Land to the CITY but for the provisions of this Section. Following the delivery of the deed conveying the Park Land and the recording l',* . ' " ,. thereof vesting title to the Park Land in the CITY and upon request of OWNER, the CITY will " •. from time to time acknowledge that the West Property h vested as provided in this Section. • SECTION 8. NEW MAINE STREET. t N %v. ' 8.1 New Maine Street. Subject to the terms and conditions of this . .. Agreement, the OWNER hereby agrees, at the OWNER's sole cost and expanse, to design, • engineer, permit and construct New Maine Street on the Relocated Maine Street Land and the Extended Maine Street Lind. All references herein to New Maine Street shall include all roadway improvement and other improvements appurtenant thereto, including retentlon ponds, as set forth in the Approved Plans (as hereinafter defined). 1 8.2 Th2ign. New Maine Street will be designed and constructed as an urban . `` t section road with turn lanes at all intersections, including but not limited to the intersections of H Maguire Road and Bluford Avenue, and a bike lane in each direction. New Maine Street will • be designated as a •colla9or rod' by the CITY and shall meet all applicable standards for a • collector road. Relocated Maine Street will have three lanes which will include a left turn I access from Relocated Maine Street into the East Property. If the East Property is combined l l 4 ' . . , \ j with other lards to the east for development purposes, then the CITY may require, as part of ► its development review process, the inclusion in the design for the Relocated Maine Street of a • right turn lane from Relocated Maine Street into the East Property; otherwise, a right turn lane : l from Relocated Maine Street into the East Property will not be required. The OWNER :f J aclmowledges that in the event the CITY designs and/or constructs Relocated Maine Street as 1 . -,. provided in Section 9 hereof, then the design and/or construction thereof will not include a g ! i { right turn lane from Relocated Maine Street to the East Property unless such improvement is •a paid by OWNER. . , . 8.3 Approved Plain. All plans and specifications related to New Maine • ' ` Street shall be subject to the prior written approval of the CITY, which approval will not '. "' unreasonably be withheld (the •A Plans"). i . _... Y. • y 'Approved The Approved. Plans shall locate and ' include legal descriptions as provided in Section 62 hereof. New Maine Street shall be t , "••• designed, engineered, permitted and constructed in accordance with the Approved Plans; • + • provided that so long as the design and engineering plans comply with the provisions of • ' - 4/ 4- • :�,, Section 8.2 above. then the CITY shall be required to approve the same unless good cause b t s c shown by the CITY as t why approval should not be granted. To the extent the City elects to �_ design, engineer, panic and construct New Maine Street, or a portion thereof, all references herein to the'A "Approved PhDs" shall refer to the plans app �" *;,�o P prepared by the Ci ty for the applicable • ;, • 1 y • portion of New Maine Stress. • . = "._`• - 8.4 Approved Cor�actl. All contracts entered into by the OWNER related T .7 to New Maine Street shall be subject to the pdor written approval of the C1TY, which tr approval will not unreasonably be withheld ( "the Approved Contracts'). The OWNER and a . the CITY will coordinate and cooperate with each other in connection with the OWNER's • contracting for New Maine Street. The OWNER will use its best efforts s to enter Into such ,i contracts on the best price and ter available. If the estimated costs to be paid by the ( -, ' terms , . • OWNER for New Maine Street, or any portion thereof. are above those costs customarily , .: ,. , being charged in Orange County for similar servlc !! es, then the CITY may require that the - � ' t • • OWNER seek competitive bids for the construction of New Maine Street or any portion . t -. 053 1066326 8 (t ` _ i I ii .. f OR $k 5623 2322 Orange Co Fl. 1 9 2003 t hereof. In the e vent th CITY elects to require that the OWNER seek competitive bids as . L ' aforesaid, Wen the OWNER, at in option, may decide not to seek competitive bids ie which case the Road Impact Fee Credits, as set forth in Section 9 hereof, shall be the lesser of (i) the \. • actual cost of such portion of New Maine Street, or (ii) the amount which the CITY reasonably . i determines to be the costs customar clanged in Orange County for similar services. , ' 8.5 Building Permits - Owner Constructs New Maine Street. New Maine _ _ Street may be designed, engineered, permitted and constructed in two phases with Relocated } Maine Street being constructed at the time of development of the East Property and Extended :t - % - i A j Maine Street being constructed at the time of development of the West Property. Except as set r forth in Section 8.6 below, (1) no building permits shall be issued by the CITY with respect to any portion of the East Property until such time as construction of Relocated Maine Street has • •.• commenced in accordance with the Approved Plans and pursuant to the Approved Contracts and m oertifi of oopaucy shall be Issued for any development on the East Property until , " : such time as the construct of Reloaucd Maine Street has been completed and accepted by . the CITY; and (ii) no buil permits shall be issued by CITY with respect to any portion of the West Property until such time as construction of Extended Maine Street has 'murmured in ,.: accordance with the Approved Plans and pursuant to the Approved Contracts and no '° 1 certificates of occupancy shall be Issued for any development on the West Property until such • r time as the construction of Extended Maine Street has been completed and accepted by the C1TY. 8.6 Building Permits - City Constructs New Maine Street. If the City elects 11: to construct Relocated Maine Street as provided in Section 11 hereof, then in such event building permits will be Issued with respect to the East Property (subject to compliance with . i' i : applicable laws and ordinances), but no certificates of occupancy shall be issued for any , i l... ' j development on the East Property until such date as the construction of Relocated Maine Street i N has been completed and Relocated Maine Street has been opened to the public. If the City l i elects to construct Extended Maine Street as provided in Section 11 hereof, then in such event p 4 , 1, permits will be issued with respect to the West Property (subject to compliance with t a, applicable laws and ordinances), but no certificates of occupancy shall be issued for any I #� development on the West Property until such time as the construction of Extended Maine Street • I N jj has been completed and Extended Maine Street has been opened to the public. 41 ;747 l , 8.7 Q" $Fqujrfinenrs, Upon completion of New Maine Street, or a portion thereof, and prior to ac. eotance by the CITY, the following shall occur: ,., ;) (a) The OWNER shall deliver to the CITY "as built" drawings of I New Maine Street. I i (b) The OWNER shall deliver to the CITY a bond guaranteeing the 3 maintenance and the materials, worbnanship and structural integrity of New Maine Street for a two-year period, such bond to comply with all applicable provisions of the ' Ocoee City Code and to be in a form reasonably acceptable to the CITY. .— t ,,..,.;,;,t : _,..1 (c) The OWNER shall execute and deliver to the CITY such other .. 1,1:::.1!`4,4i1 documents, including Bibs of Sale, as are typically required by the CITY in connection . .• • ,.:-. i - s with the dedication and acceptance of a public roadway. - . ?4} • The provisions of this Section 8.7 shall not be applicable to OWNER (i) as to Relocated Maine Street !f the City constructs Relocated Maine Street, and (ii) as to Extended Maine Street if the .�., City constructs Extended Maine Street. w. 8.8 ,fig. Sid ewalks associated with Relocated Maine Street and Extended Maine Street will be installed by the OWNER, at the OWNER's expense, as required K.. - by the CITY's Land Development Code at such time as the East Property and the West Property, respectively, are developed and will not be included as part of the constructdon of + `- Maine Street contemplated by this Agreement. Any such sidewalks will be located outside of > :, n :. µ the New Maine Street right -of -way and will not be located within the Relocated Maine Street •, Land or the Extended Maine Street Land. .f. . : .+ .:s,.. - ,_a S ' A . oot+osreto 9 i lr: - - i i• OR Bk Orange Co 1 1�9goo3 , i SECTION 9. ROAD IMPACT FEES CREWS. j • _ 9.1 Designation for Road Impact Fee Credit. The City hereby designates ,- New Maine Street as one of the City's collector roads elig ble for Road Impact Fee credits under the provisions of Article I of Chapter 87 of the Ocoee City Code and represents to the OWNER that all steps necessary for such designation have been undertaken prior to the approval of this Agreement by the City. 9.2 Grant of Road Impact Fee Credits. In consideration of the OWNER's • performanco of its obligations set forth in this Agreement. the OWNER shall, subject to the Z provisions of this Section and Sections 8 and 11 hereof, be entitled to a credit against Road g , Impact Fees payable to the CITY in an amount alasl to the sum of the following: "�: '�1 (a) Subject to the provisions of Section 8 hereof, the actual cost r • • • incurred by OWNER for the cast ., Maine Street undertaken R f o design engineering, permitting and construction of New • T M entided to a Road Imp pursuant to the Approved Contracts. The OWNER shall not Impact Fee credit in coa�tion with any expenses incurred by the I K City in connection with the foregoing. (b) The fair market value of () the Relocated Maine Street Land, it , t t the Extended Maine Street Land, and (t) the Pond 2 Land to the extent such land is 1 I required for stornrwater drainage purposes associated with Extended Maine Street. OWNER shall not be eligible for any Road Impact Fee credits associated with any overshing of Pond 2 and the Pond 2 Land to serve the West Property,. For the I 4, purposes of this subsection, the fair market value of said lands and the amount of the ` Road Impact Fee credit shall be determined pursuant to and in accordance with the provisions of Section 87-7 of Chaster 87 of the Ocoee City Code with the valuation C/3 I• � . date being the date of conveyance of said lands. Notwithstanding the foregoing, the total Road Impact Fee credits granted hereunder shalt not exceed the amount of the Road Impact Fees assessed against the Property pursuant to the City of Ocoee Road impact Fee Ordinance, as it may from tine to time be amended. . a I 9.3 DRC Review. Commencing ninety (90) days after OWNER begins the design of New Maine Street, or a portion thereof. the OWNER shall, on at least a quarterly basis, submit to the CI1Y's Development Review Committee ("DRC") sat' i ?. . documentation tc support any Road Impact Fee credit pursuant to this Section and the acnt 1 y . the Impact Fee credit shall thereafter be determined by the DRC based upon a • '''All review of satisfactory doer provided ton in the manner prov by the Road Impact Fee . Ordinance; provided, however, that the DRC review of the Road Impact Fee credits pursuant g r • . w to this Section shall be limited to () verification of the actual cost of such improvements paid by the OWNER for which ' • emperor fee credits are being requested, and (ii) confirmation that the actual cost of such improvements paid by the OWNER do not exceed the costs set forth in the Approved Contracts. The DRC shall not be required to approve any Road Impact Fee credits . for costs incurred by the OWNER which erected the amounts set forth in the Approved y: Contracts, unless such change orders or cost oveuuns have ban reviousl a n�+cta�ia subsequently approved by the CITY. p Y Pero or are • ° y •' "�r� 9.4 Cledlt/Rieimtu„e�r..... t „ .,:, To die extent Impact Fee credits and/or reimbtt aggregate of all Road • y •� Impact Fees due under the rsements due pursuant to this the Road yt ` • •r.1 : Impact Ordinance for development exceeds :' a ny portion thereof, OWNER agrees 1 of the Property, or .71'.:4-• * ' grow u shall not be eatithd to a credit or reimbursement for ' i '' - ' 4 —. any excess amount. Nothing is this Agreement dealt constiate, or shall be deemed to )4-4.. • constitute, a pledge of or fiat upon any funds or source of revenue of the CITY as security for • its obligations under this Agreement. The obligation of the CITY to gram Road Impact Fee credits and/or reimbursements pursuant to tits Agreement is astir • deceuld of or any portion thereof which generates Road spa Fee revenues • ' . B Impact Fee reveama but for the great of credits hereunder. 9.5 F�3t?end{tare of Gredit<rRea,"a sn • If credits i to OWNER, and if OWNER "` " ", are granted _ _ WNER (or its assigns! paid road impact fees riot to the P grant of credits .c. . , oos.tossua 10 r- f ;'l f �� ' () Co FFLL 1998 -04 3 pursuant to the Road Impact Fee Ordinance in connection with the development of the Property, or any portion thereof, then the CITY Mall reimburse the OWNER or its assigns the amount of Road Impact Fees which were previously paid by OWNER (or its assigns), and such amount aball be deducted from the credits which have been granted to OWNER. If Road •' . • ' Impact Fee audits are granted to OWNER, and if OWNER is subject to a Road Impact Fee payment obligation after the grant of credits in connection with the development of the Property, or any portion thereof, then the Road Impact Fee which would be payable by OWNER or its assigna shall be deducted from the credits, and such fee shall then be deemed _t-,. paid in fuJi by OWNER to the extent of such credits. r \ ; 9.6 Asslanment of Credits. OWNER may assign to any party its rights to all • � � or any pardon of the Road Impact Fee credits granted to OWNER pursuant to this Agreement • `* Credits which have been assigned can be reassigned to otter entities. However, if an assignee i w )• uses the • assigned Road Impact Fee t� assignee credits, such asst may use them only within and upon • .- ' the Property, or any portion thereof. Any credits which are granted pursuant to this • Agreement may be assigned, used, and transferred to apply to any other portion of the • ^y .� Property. Any such assignment of Road Impact Fee credits shall not become effective until • delivery of written nods thereof from OWNER to the CITY and receipt by the Assignee of ; written confirmation that the C1TY records have been amended to reflect sach assignment. y ; 9.7 Facceptigps. Notwithstanding any provision contained herein to the contrary, OWNER shall not be eligible to receive Road Impact Fee credits for costs associated with any right turn late into the East Property sitter any such mm lane is solely related to the development of the East Property. t SECTION 10. DR INN EG . CITY and OWNER agree to the following terms H -0 ' -■.. with respect to the provision of stormwater drainage associated with development of the as • • 1 . • Property and the construction of New Maine Street: i 4 + 4? 10.1 Relocated Maine Street Drainage. The CITY will be responsible to ti I l . 4 obtain any off-site land needed for stormwater drainage facilities to receive stormwater • _ n ` drainage from Relocated Maine Street. In conneaion with the construction of Relocated Maine Stmt by OWNER, Its successors or assigns, OWNER may give written notice to CITY requesting off-she land necessary to constmct stomiwater drainage facilities to receive i _.1 OWNER's notice to the CITY, CITY stormwater drainage from Relocated Maine Street. Within two hundred seventy (270) days of A � a grees to p•avide such land as is necessary to construct stormwater drainage facilities to accommodate drainage resulting from the construction of •,t' Relocated Maine Street. The CITY may, at its option, utilize the Park Land for this purpose, The CITY shall be responsible for the operation and maintenance of the stormwater retention 1 l ' pond serving Relocated Maine Street. 101 EpPrrtnaty Drainage. To the extent feasible, as determined solely by the CITY, any excess storm drainage capacity will fast be made available by the CITY to the • • OWNER for use in connection with the development of the East Property, subject to normal construction constraints and compliance with all applicable permitting requirements. Any :. - .. utilization of such excess storm drainage capacity, if any, by OWNER will be at the sole cost • ••r.4w• -.- and expose of the OWNER, including but qty. g Property. In the event OWNER utilizes tu not limited dted to the coat of construction of any t' ^•�`?t : expanded storm drainage facilities servin the East Pt " +. x ` ° �• - -' any such excess storm drainage then the OWNER and CITY shall first enter into a f, drainage easement agreement consistent with agreements entered Into by the CITY for other �' ,' • i joint use rete ponds. OWNER acknowledges that the CITY does not anticipate having age capacity. any such excess storm drainity. �, �` 10.3 Bxtended Maine Street Drainage and West Pmnerty. The Pond 2 Land . "' •- shall be utilized for the location of Pond 2 which will be designed to serve as an outfall for Pond 1 and to provide treatment and attenuation for stormwater runoff from Extended Maine .. Street and the Northern Portion of the West Property. Pond 2 shall be a joint use pond and the • ._ .. - CITY shall be responsible for the operation and maintenance of such pond. The oversizing of Ili Pond 2 to serve the Northern Portion of the West Property shall be considered to be part of the -it - project for the construction of Extended Maine Street; provided, however, that if Pond 2 is '" L : ,. * e0e.r06aata 11 ear { OR Bk 5623 Pgg_g 324 Orange Co FL t996-0492003 constructed by OWNER, k is agreed that the OWNER shall not be entitled to receive Road . Impact Fee credits for any design, engineering, permitting and coamnetion costs associated • 4- with the oversizing or enlarging of said retention pond to serve the West Property. • SECTION 11. CITY'S OPTION TO CONSTRt MA E Sm T. IL City's Optioq. Within one hundred eighty (180) days from the date of - ,� 1 execution of this Agreement, the CITY may, at its sole opdon, elect to proceed with the design, engineering, permitting and/or construction of Relocated Maine Street or Extended R Maine Street or for both Relocated Maine Street and Extended Maine Street, at the sole cost \t.,.4.4. t and expense of the CITY, by giving written notice of such election to OWNER. In the event • the CITY makes such election, it shall then proceed with due diligence to complete such design, engineering, permitting and/or construction for Relocated Maine Street Extended Maine Street, or for both Adopted Maine Street and Extended Maine Street, as the case may be. To the extent that after the 90• day from the Effective Date of this Agreement the f f OWNER incurs expensca for the design, engineering and/or permitting of Rdocated Maine Street and/or Extended Maine Street, the OWNER shall be entitled to receive Road Impact Fee • I ' credits for such expenditures as provided in Section 9 hereof; provided, however, that a • :4 , condition to the receipt of any such Road Impact Fee credits shall be the assignment by ` 1 OWNER to the CITY of all work product associated with such design, engineering and . 1 permitting, all fully paid for by OWNER, along with the unconditional right to utilize such work product in connecton with the design, engineering. permitting and/or construction by the CITY. The QWNER aciamwledges that as of the date hereof it has not incurred any such expenses and agrees that it will not incur any such expenses during the first one hundred twenty (120) days from the Effective Date of this Agreement. In the event the CITY elects to e , i • . proceed with such efforts, at the CITY's expense, then OWNER shall not be entitled to receive ' I . .: Road Impact Fee credits for costs incurred subsequent to the date of notification from the %I CITY unless OWNER demonstrates to the reasonable satisfaction of the CITY that the expenses relate to obggadons made in good faith by OWNER prior to the date of notification A 4 , from the CITY. Notwithstanding anything to the contrary set forth in this Subsection 11.1, the t OWNER shall be ended to Road Impact Fee credits based upon the fair market value for the lands as provided in Se cdou 9 hereof. it 11.2 peggg. Nothing contained herein will preclude the CITY from • m g • . f designing and/or a onstrucdmg the New Maine Street, err a portion thereof, as a 5 lane Cuban • section roadway (with or without bike lanes) should the CITY. at its sole option, elect to do so. i +.' • f SECTION 12. Maguire Road Land and the Pond 1 Land, the CITY acceptance hall become obligated a ce design, the • • • ' engineer, permit and tea, within thirty- six (36) months from the Effective Date of this Agreement, Pond 1 on the Pond 1 Land as a joint use retention pond to be operated and maintained by the CITY, at the CITY's expense, said joint use pond being intended to serve y , Extended Maine Street, Maguire Road and improvements thereto and the Southern Portion of " "' donerm _ Property. If the OWNER needs Pond 1 in connection with the development of the _ • • • •, • Southern Portion of the West Property and the CITY has not commenced construction thereof, mammal ""oi their the OWNER may, at its option, elect to design, engineer, p rr ., permit and construct Ford 1 to `'• 1 the extent needed to save the Southern Portion of the West �. r` Property. subject to the following ;. ( • terms, conditbns and limitations: ' r . . �r .. (a) OWNER will give CITY at least sixty (60) days written notice prior to undertaking any such activity and the CITY, at its option, may advise OWNER that it will commence comtruaion of Pond 1 within sixty (60) days of receipt of such • .l notice. If the CITY does not so advise the OWNER, then the OWNER may proceed with such design, engineering. permitting and construction. • (b) The procedures set forth in Section 8 with respect to the construction of New Maine Street shall be applicable to the construction of Pond 1 by OWNER. • oemossrzo 12 i h ipir „..._ _ -- ..�...a�- ...•.• _ - - nn Ilk MK?3 Po ?:4P"f Orange Co FL $9 o4yi o (c) In aeration for the conveyance of the Pond 1 Land, the OWNER shall be entitled to receive Road Impact Fee credits. in accordance with the procedures set forth in Seeloa 9 hereof, for the cost Incurred by OWNER in connection with the design, engiuxring, permitting and construction of Pond 1. (d) The OWNER shall be entitled to all fill material associated with the OWNER'S construction of Pond 1 by OWNER. SECTION 13. ?AMU juutinnuid. Subject to the construction of E • Pond I. the OWNER shall be entitled o all 511 material ( "Fill Material") from the Pond 1 Y Land. The Fill Material shall be stored on the Southern Portion of the West Property at a ^ . t location to be designated by OWNER. The CITY and OWNER therein, shall comply with all 1 1 . applicable laws, ordinances and regobtio= related to the use and storage of the Fill Material. A SECTION 14. t ' • CITY and OWNER agree to the following terms with respect to the vacation of the below - described section of • now- r Richmond Avenue: 14.1 Va,.,__2_9 f Ai�h e..-._. OWNER ees, wi thin ten (10) days . t from the Effective Dace, to apply to the CITY and CITY woes to application, see Portion of Richmond king the vacation of that certain agrees which OWNER'S i .:( of the Relocated Maine Street Land, as more nd Avenue which tans south and i nco rpor ated into this A Partictlarly described on k a kited to g (bereioafer ref erred to as the 'Richmond A venue Vacated Parcel "). Any pin of the Richmond Avetnie right -of -way which is located within existing or Relocated Maine Street will not be vacated and is not pan of the Richmond Avenue Vacated Parcel to rti t •i 14.2 r$v ' of itiw , a„.,,. , OWNER'S application vacation of the Richmond Aveaoe Vacated Parcel shall be subject to is reservation for the all utility easements associated with the Richmond Avenue rlgltc -of -way. by CITY of el 5 4 li 14.3 The C1rY shall consider in good faith the application of OWNER to vote the Richmond Avenue Vacated Parcel and shall t take lnal action on such application within ninety (9p) days from the Effective Date or within ' ninety ( days from receipt of such application, whichever is later. Nothing contained her t shall be construed to obligate the CITY to vacate the Richmond Avenue Vacated Parcel, but g ' " the art admowiedges that based upon the temp and conditions of this A 1:. '% vacation of said parcel would appear to be in the public interest. greemont, the !. ' a w 14.4 u the R A venue Vaca . CITY agrees, follo wing Rie the hm vacarat A � tion of ': Vacated Parcel may be removed by a f ro ac 1 oco� wi thin cone i V ct '� except for utility lines and all related utility and Improvements therein, which may be relocated by OWNER within its deve! at expense subject to CITY review and unreasonably withheld. Nonni dhstiadrag the foregoing, no bricks or curbing may be removed .,.. approval. which shall not be .. ":'-•" Y n by OWNER 4• p for to the vacation of Richmond Avenue. OWNER acknowledges and agrees ot to the CITY may remove any bricks and curbing within Richmond Avetwe at anytime prior SECTION 15. _ :., f r :;a .: refrain from removing any existing street bucks or curbing from the existing agrees o Right -of -Way and from Richmond Avenue prior o the v venue by Street of Richmond Avenue the e• SECTION 16. Dever of the Property shall comply with the The � s land time scaping (Arbor/Tree) ordinances as they may from time to agrees that any such ordlneoces will be applied in a reasoaabl amended. prohibit the location of a Daniel structure on the m�nr and will not - • z -- Property. Nothing contain in this r • 13 006.101572.0 -- . -- •— -- ris"'"------ -•- OR Bk S623 Pg 2326 j Orange Co FL 199B-0492003 i h l - Section is intended to in any way change or modify such ordinances, as they may from time to li t torte be amended. it,- SECTION 17. ACCESS POINTS. The East Property and the West Property will each have a full access point (Le., right and left turns permitted both into and out of the access point) at the intersection of Word Avenue and Nev Maine Street. Further, the East Property will have an additional access point south of the intersection of Bluford Avenue and New Maine Street (the 'Second Access Point"). The CITY and the OWNER will endeavor to . _ - have the Second Access Point align with an access point for land located on the west side of r 7,1'...1 Bluford Avenue in which case the CITY will support a full awes point at that location. If the r 7� 1 OWNER is unable to obtain a full access point white aligns with an access point for land • • located ou the west side of Bluford Avenue, then the CITY will rant oppose the Second Access I ,.:,, Point bring a full access so long as it is at least 700 feet south of the intersection of Bluford _ ,•3 Avenue and New Maine Street; otherwise, the CITY may, in its discretion, oppose the Second • i Access Point being a full access. s:e., • SECTION 18. PROHIBITION ON SPECIAL ASSESSMENTS. In • consideration of the covenants set forth.herein and the conveyance of the Donated Lands, the ' «-t CITY hereby covenants and agrees that it will not impose special assessments on the Property , i - l to pay for any portion of the cost of New Maine Street or any further extension thereof east of the East Property. � SECTION 19. SEWER AND WATER. In addition to any water and/or {; = wastewater capacity which may have heretofore been purchased by OWNER, the OWNER may, at OWNER'S option and from time- to-time, elect to purchase water and/or wastewater i .. 1 "> capacity for the development of the Property, or any portion thereof, from any malty listed in Exhibit "A" to that certain Water and Sewer Revalue and Maintenance Fee Agreement, dated IN May 10, 1995, and recorded in Official Records Book 4958, Pages 3817-3851, Public Records ^I; of Orange County. Florida. The CITY hereby to any such purchase subject to el 4H) i ; . t f compliance with all applicable regulations and procedures of the CITY governing any such • Ng 1 purchase and the use of capacity acquired pursuant thereto. OWNER shall be responsible for i all costs and expenses related to the purchase of any such water and/or wastewater capacity. c ' '4:- SECTION 20. SEPARATE PARCELS. The CITY agrees that the East . property and the West Property are separate parcels for the purposes of the CITY's Land A '..ef i - Development Code. • ` 4'' SECTION 21. AUTHORITY: LIENS AND MORTGAGES. The OWNER ' 2" warrants and represents to the CITY that it has full and canplete power and authority to • - I execute this Agreement and dam there are no liens or mortgages against the Property except for - the Permitted Encumbrances. SECTION 22. NOTICE. Any notice deliwred with respect to this Agreement ~ i': • "• shall be in writing and be deemed to be delivered (whether or not actually recceived) when (1) r: • w r , hand delivered to the person hereinafter designated, or (I) upon receipt of such notice when weal : - .;.,,.•.• • deposited in the United States Maul, postage prepaid, certified mail, return receipt requested, ;� ivvoi. addressed to the person at the address set forth opposite tae party's name below, or such other , .., i -t , ..i address or to such other person as the party shall have specified by written notice to the other • . r• : " - ' party delivered in accordance herewith: TO OWNER: William E. Colburn and John D. Colbura I Cypress Cud Nursery, Inc. Cambria C/o Thomas A. Cloud, Esquire ' Gray, llamas do Robinson, P.A. 201 E, Pine Street, Suite 1200 Orlando, Florida 32801 'n ooe.:oawL$ 14 •re,: .. _ _ - ._.d0'+.rr _`''-°.A'- .._ ... • - , ii j I i , OA Rte'.Sfi ?3 Pa �� r Orange{ Co FL 1998—o432003 To CITY: City of Ocoee City Hall l • • ij„. 150 North Lakeshore Drive Ocoee, Florida 34761 . Attention: City Manager with a copy to: Director of Planning City of Ocoee 150 North Lakeshore Drive ' Y Ocoee, Florida 34761 SECT ION 23. COVENANRU T NNING WITH THE LAND. This Agreement • shall be biding, and shall inure to the benefit of the heirs, legal representatives, successors - • .'s and assigns of the parties, and shall run with the land and be blunting upon the heirs, legal - representatives, atoms and assigns of the OWNER and upon any person, firm, corporation ' or entity who may become the successor -in- interest. directly or indirectly, to the Property, or ',,• any portico thereof. • , • ' SECTION 24. YIECORDATIQN OF AGREEMENT. The parties hereto agree 1 that an executed original of this Agreement shall be recorded, at the C1TY's expense, in the rf Public Records of Orange County. Florida. The CITY will, from time to time upon request of 4 the OW NER, execute and deliver letters affirming the status of this Agreement. SECTION 25. COMPLIANCE WTFH LAWS. Except as otherwise expressly provided in this Agreement or the Certificate of Vested Rights (1) the OWNER shall comply i 1 l ? ' with all applicable federal, state and local ordinances and regulations in effect at the time of • development of the Property, and (ii) nothing contained herein shall limit the right of the CITY i to prescribe other conditions on the development of the Property in accordance with applicable • el 41 I CITY ordinances and land regulations in effect at the time of development. it i: i SECTION 26. APPLICABLE LAW. This Agreement and the provisions 4 contained berth shall be construed. controlled, and interpreted according to the laws of the State of Florida. i 1 TIM an 4 d SECTION 27. E 01? THE ESSENCE Time is hereby declared of the essence to the lawful performance of the duties a obligations contained in this Agreement. tit• e , ,, y SECTION A AGREEMENT: A ENDMEWF. This Agreement constitutes the entire agreement between the parties, and supersedes all previous discussions, ' understandings and agreements, with respect to the subject matter hereof. Amendments to and waivers of the provisions of this Agreement shall be made by the parties only in writing by I formal amendment executed by both parties. L SECITom 29. 2Engaffirii• if an sentence. . 1?hrase. Paragr'+Pb. Provision •T + , �vt ; o portion of this Agreement is for any reason held invalid or unconstitutional by any court of • c - 1 f i competent jurisdiction, such portion shall be deemed a separate. dlsdact and independent ,� 7- , t provlsroa and such holding shall not affect the validity of the remaining portion hereof so long ` r `a . • ; , i as the intent of this Agreement can still be accomplished. SECFiON 30. EILUICILIWAIRITAIRI. The parties agree. that at • .. _- . any time folia a request therefor by the other party. each shall execute and deliver to the other party such feather documents and instruments. is form and substance reasonably • • necessary to confirm and/or efttuate the obligation of either party hereunder and the =summation of the ttaraacxlons contemplated hereby. t)' ,i i'a�r y-5; •s k I: :, [ • 0001.1011832J1 15 1{ e I' 1 i I 1 OR 1 Orange Co Fl 11984 , • i SECTION 31. SPECIFIC PERFORMANCE. Both the CITY and the OWNER 1,u- shall have the right to enforce the tents and conditions of this Agreement by an action for specific performance. • I SECTION 32. ARMS LSNGTH TRANSACI'1ON. This Agreement shat: not • be construed more strictly against one party than against the other merely by virtue of the fact that it may have been prepared by counsel for one of the pard . it being recognized that all • t parties have contributed substantially and materially to the preparation hereof. Y SECTION 33. ACKNOWLEDGMENT. RATIF1CATION. AND CONSENT. 1 V • A portion of the Property whlcb is the subject of tbis Agreement was owned by Wtiliam Colburn and Leiser Caw. John D. Colburn has now acquired through deed issued in • :„...i..4•• ' prob a tlwt :nntrc•st previously held by Leiser Colbum. The CITY hereby acknowledges this . • • , • transfer and retlfics and consents to the assignment of Leiser Colburn's rights, duties, and • ' ',q n,>. obligations under those aveemcnts listed in Recital No. 6 hereof to John D. Colburn. • i 1 SECTION 34. COUNTERPARTS. This Agreement gtteme and any amendments ► / hereto may be executed in any number of counterparts, each of wbich shall be deemed an original Instrument, but all such coup erparts together shall constitute one and the same ' instrument. 1 SECTION 3S. II FIVE DATE. This Agreement shall fast 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 Agreement shall be the date of execution by the CITY. i 4 1- • ... . i I N WITNESS WHEREOF, the OWNER and the CITY have caused this instrument to i 2 be executed as of the day and year first above written. I 1 CITY: 1 t • Signed, sealed and delivered CITY OF OCOEE, a Florida municipal "` in the presence Of Corporation 4 `.:on • � ;� Priam Name PIMA) GoSNezL By: -.2) '�' ` ifl..4 . C ' : S. SCOTT VANDERGRI 1 Print Name PAra 1ciA t Set 1 rh Attest. GRAFTON, e f� . . ' ' ' :• ' ' q .. - . - ; Ll j ya+ �v ti : ; , City Clerk ' y .. i! --- • 1 • ..tnMf (SEAL)' - , ice; a, • 1 • FOR USE AND RELIANCE ONLY BY APPROVED BY THE OCO : a,.«... .., l THE CITY 01? OCOEE, FLORIDA; COMMLSSI0N AT A RIETsTINGIiBLD APPROVED AS TO FORM AND ON Aleut-444( fl ;1998.>j1VDRR • i L day of AGENDA ITEM NO. . j N OtiteenbcP 1998. FOLEY & LARDNER ,., .. �... By: • Coy Attorney - . [ • 006.1055924 16 OR 8k 56Z3 ppqq 2329 . Oranae Co FL 1998-04 STATE OF FLORIDA COUNTY OF ORANGE L .. I HEREBY CERTIFY that on thh day, before me, an officer duly authorized in the .. " • .. State and County aforesaid to take acknowledgements, personally appeared S. SCOTT _ YANDERGRIFT and JEAN GRAFION, personally known to me to be the Mayor and City Cleft, respectively, of the CITY OF OCOEE and that they severally acknowledged executing • same is die presence of two subscribing witnesses freely and voluntarily under authority duly vested in them by said municipality. They are personally iaawn to me. i WILINESS my hand and official seal in the County and State last aforesaid this au — x--s day of N evrNI sr , 19,9,P . • % jj. . dn u4 ..tJ 4. Ave,' Signature of Notary r wroso�e ,�. i' �r ' *Mrcoradalosanus: f 9 GevEN %Jewess thambr4.sooa Name of Notary (lypod, Primed or Sumps) i• 1 • ■ Commission Number Of an 4. • kcal): M1 Commission Expires (if not legible on sat): • a I ` 1 . 1 11 a i .... I. , g f‘ f 1 V r f 1 ixr+ ,.... ` . 004.106c32.6 17 a , . -4411.1111111.1.11111011.11111111111.11111111111111.111 , • Pi!!! . • ' - I - I OR Bk $6 23 Pa e330 OWNER: Orange Co FL 199B-0442003 Signed, sealed and delivered in the prase= of: 0 . .. • , . , 24 .-A-./......?ft we...v.4..d„. 0,)21.:0 4. .. Print Name: geotA /zed /t. &.44i WILLIAM& COLBURN I e 02 2 610 : a i r a za • I Name: . idrs4r.,, • !i -,\;:fp.4 .• ■ hint None:KocittAlattr .10)4 COLBURN ., . • CiA E. ••■% - r 9 i • , Plot Name: : . V lilo; 1 ccx nnwnearrs, INC. 9 - a Florida corporation, formerly known as i 6-* CYPRESS CREEK NURSERY, INC., / a Florida corporation 9k4 t:74.4., " tricobikrer k- By: Aill Nu Name: Km•Aais-40 fri ttiem:bc..t, • Name: :DA 0 CALWM ....,- ... ...• A" ;,(:,4) j ir.,.,,34. •• .4 ' • • .0"‘iiS. We " - r • Ea • .0 ! Print None: !frAir..18..12.1.ffin't Title: Ptesioii+ %.,... ...., I V • ,_.- ..... - i• '''i , 1` - e A '* . : '-'• (CORPORATE SEAL) • i :::.: ,` I , k•-e• : •.. . . ; ., : . • • • ■-.), t l.. . ; : . ., ( . .-'.. , ;: os a 4 •.• '■ .1 1 i 11( - • 70"0-1 414444.1'i '..;...a::74:c:„„ CAME ,...::::::1: RIA, a or Flida genera' partners* By: 1..1.1at-:.4 i. I 1 , i.` 4 g Print Name:g4144/em Ai Idfirliels, i. Nam 1....itth Aft E . Co 16 ..........3 it . -. If . • Print Name: r IL 1 so. tit+ rale: (....-4...-1 Frri4A-t el_ •.:'.1 Print Name: • •• .", f \ • ! .... •• .. .. . -4 • c ' , . ....m..., ,.:.., , , :" ...,,... , ... .. 0 .... . • - . . - - . :•...4 ,.:i7.........: : -..fr ....., .. - . - • . • , ?:1 - • ON :onus 18 - "Imulimimeriisiffriiiiiimmorresiiw- • • • --..÷-, zor....: --- ---- A4 .. ! . . • r - • - ... 1 - • I . 1 ril? ()raw Co FL 19915-041E003 STATE OF FLORIDA .- COUNTY OF OttANC•C . HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared WILLIAM E. COLBURN, ( ] who is personally known to me, or kJ who produced • ., ff•L ts111••• 41S-12. 1123■11 as identification, and that he acknowledged • 1 executing the same in the presence of two subscribing witnesses freely and voluntarily. I WITNESS my hand and official seal in the County and State last aforesaid this II VS 1 1 • day of rtnvosionis . 1998. I j JO. $A114.L..) i Signature of Notary E . . - 4. , '• • 4 do., ........e. i tketearaus..-1cr — ' .7 . 1 bobs *Now a • M A expa4 k. GkEE 14 I • • Name of Notary (Typed. Printed or Stamped) I •si sc- : emission Member atom keible to seil);Ce. '1.1 2321 My Commission Expires at= kgible co sodk ri-4 ..uithil 1 ! , . I 1 / . • Ea ,s. 4 ••••,1 STATE OF FLORIDA *.l • 1 . '' COUNTY OF b 2 Al•LiE HEREBY CERTIFY that on this day. before me, an officer duly authorized in the • • 13 4 • State and County aforesaid to take acknowledgments, personally appeared JOHN D. • COLBURN, [ ] who h personally known to me, or ipl who produced 1 . - I R - •''.. IDIajukAsjaaki-st — as identification, and that he acknow ledged executing. the "me in the preset= of two subscribing witnesses freely and voluntanly. wrriess my band and official seal in' the County and State last aforesaid this Jam_ day of No o limbo R. • 1998- ... kit, . . . ,. r: if 4 11.4 ;.0 6 ell v6.• 0 4.44.1 " . . . i . V 14■1661110ows Signature of Notary , • -.-- - - .........;,,:i . .. . "47. ifikotexassnrsocessem Mftbtart A. (kg44 ‘,,,Essistriaortor4.2car Name of Notary (T)ed, Printed or Stamped) Commission Number Wept belle euterd). :: ', s < . :01 Vs 1171 My Commksion Expires am legibk OD Stii) ' ': ;YV• ; • - S' • . . • ,...: . • v , • '...,...-. - ' .1 - . • „ • ' : • • .itt .. .:...... .. ... , mammas 19 -- • . . . . . - • • • .. - - • - • - - , 1 •,., 1 !. i , i OR Bk 5623 pp1� 2332 STATE OF FLORIDA Orange Co FL 1999 - ►92003 i COUNTY OF ORANGE : I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the 0 i State and County aforesaid to take acknowledgments, personally appeared , 3 f CALtutN , as PeCtthtMt , of CCN INVESTMENTS, INC., a i Florida corporation, formerly known as CYPRESS CRUX NURSERY, INC.. ( ] who is personally known to m e , or [ ✓ ] who produced Ft% C t<11. 4 r.4 4.1. - 441. h as identification, and acknowledged executing the same in the presence of two subscribing witnesses freely and voluntarily on behalf of said corporation. .^ WITNESS my hand and official seal in the County and State last aforesaid this t9iw ? •.q501 day of Nov aMaim ,1998. Signature of Notary L. , .. _ •t r'wwaaw li Si' *igteeeMMn MAeikN R. O'faw 1 - ti., / °pweeps01a 700p Name of Notary (Typed, Printed or Stamped) Commission Number Of not kW: el eerie • Iii • My Commission Expires or ma treble m sal): i .._ • • .. • 1 . H j ! ~ STATE OF FLORIDA • . COUNTY OF ORANGE • g i ' I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the • M t State and County aforesaid to take aclmowledgments, personally appeared W z «: AN E. COLA , as General Partner, of CAMBRIA, a Florida general partnership, [ ] who is personally known to me, or (IX who produced l Ft) t C * 1 L •9 2K.1 t! •D 11 a. D as identification, and acknowledged executing the same a a • ,x _S' in the presence of two subsrnbing . witnesrees freely and voluntarily on behalf of said • • A ; F ` • partnership. r 1• C WITNESS my hand and official seal in the County and State last aforesaid this )1rw ;. ' day of Knvaraact ,1998. • - i `• rr t )3. ..4A0s '• a d Signature of Notary • 1 _ 1.- uw•q...ae. • WAmBaas MAR /AN B. &5CEN i •, h wecenado.cenra Namc of Notary (Typed, Printed or Stamped) � � .0• f .miats o.ot.•,za02 CeaanisslonNemtxr (r mlte�lemsesl ): Y * '`" r'; • My Commission Expires (Kaolkgibleasal): "•" • ,, • r , • .• t.. • err q+,t.• •.� ..,,. w-. . _ s . .. - •• . " ..7 :. ooe.tosesz.e 20 .1“---- �*--:= . _ - . — -- t i i t • EXHIBIT "A" �tlran Co Ft. Ma 0 99 2 0 0 3 ! COMM PARCEL R a- ' ' Regimting at a point 10 chains Eat ofa point 20.99 claim North of the Southwest corner of Section 20, Township 22 South, Range 28 East and tun East 10 chains; South 10.43 chains; West 10 chains, North 10.68 chain to the point of beginning; LESS the right of way for the A.C.L Railroad and the right of way for the State Road: 7 AND ■ N.%$ Commencing at a point 10 chains East of the Southwest comer of Section 20, Township 22 t r So* Range 28 East, nm Eest along the Section 1020 chains; North 10 chains; West 10.20 chains; South 10 chains to the point of beginning LESS that pan West of the Railroad; LESS the : f I Railroad right of way and LESS the right of way for State Road; • - i More particularly described as follows: From the Southwest comer of the Southwest 1/4 of . r Section 20, Township 22 South, Range 28 ! East, Orange County, Florida, run N.00'!4'15 "E. along the West line of said Section 20 a i distance of 1383.54 feet to the Northwest caner of the Southwest 1/4 of the Southwest 1/4 of said Section 20; thence S211•58'01"E along the North lire of said Southwest 1/4 of the 1 Southwest 1/4 a distance of 664.92 fat to the Northwest corner of the Northeast 1/4 of the f Southwest 1/4 of the Southwest 1/4 of said Section 20; thence S.00 °13'06 "W. along the west hi; line of said Northeast 1/4 of the Southwest 1/4 of the Southwest 1/4 a distance of 4.73 feet to the y l point of beginning on a curve on the South right of way line of Maine Street, said curve being I ` , concave Northerly and having a radius of 540.78 fret thence from a tangent bearing of 5.75.19'57'8. run Easterlyalong the arc ofsaid curve and said South right of way line 126.98 , fra through a central angle of 13'2114° to the point of tangency; thence S.88 along . - said South right of way line 42435 fat to the point of curvatrae ofa curve concave 114 : t : Southwesterly and having a rams of 8736 fed; theca nut Southeasterly along the arc of said t : 4. curve 135.45 fed through a antral angle of 88'5018" to the point of tangency on the West right of way line of Richmond Avcrme thence S.00 W. along said West right of way line 118695 feet to the intersection ofsaid West tight of way line with the Easterly right of way line I- . j' of Clarcona Ocoee Road; thence N.39'17091 along said Easterly right of way line 712.74 • as l � ` feet to the point of curve= ofa curve concave Nardreastedy and having a radius of 5735.72 ■ ' r fat; thence run Northwesterly along the ate of said curve and said Easterly right of way line !t; i 300.93 fast through a =Wangle of03'0072'to Bald West lice oftite Northeast I/4 of the Southwest 1/4 of the Southwest 1/4; thence N.00° 13'06"E. along said West line 511.76 feet to A 3 the point of beginning, containing therein 12.9783 aces more or less. S,. , , ] h • 1:44- • 4 irrrafat#I ' 4 S. • . i s .H .j r. ' IV I I 7 fi .. _..... �_ -. .. __ i . 1 F rr . l3 " OR 1%1C 5f e3 Po Px,34 IL. -1 CCN PROPERTY Orano, Co FL 1998- 0492003 PARCEL I • • A tract of land lying 30.00 feet either side ofthe centerline of Seaboard Coastline Railroad and East of the West section line of Section 20, Township 22 South, Range 28 East said centerline described as follows: r . Commence at the Southwest comer of the Southwest 1/4 of Section 20, Township 22 South, %....,(1,,, Range 28 East, thence run N.00° 12'S4 feet along the West section line fora point of . l beginning; thence S.35•5174%. 705.94 feet to the point ofterntinadon. Subject to right -of -way I for State Road No. 439. (O.R. Book 3669, Page 1602) •',1 • AND , ' ~v'c -• i PARCEL 2 1 All that part of the South 1/2 of said Northwest 1/4 of the Southwest 1/4 of Section 20, Township 22 South, Range 28 East, lying West of railroad tight- of•way. ,) AND All that part of the South 12 ofthe Northwest 1/4 ofthe Southwest 1/4 of said Section 20, lying ' • y East of Railroad right -of- -way end West of Clercona Ocoee Road (OR Book 3517, Page 1381). 1 •I AND ,. I PARCEL 3 • a 4 that part N Uf the Souhwest Southwest 1/4 of Seclioa 20, Township . ' ! _ 22 All South. Range of 28 orthwest Ent. Orange Cmmty, Florida, lying of the west of the Florida Midland Railway, and more particularly descn' bed: 4 o Beginning at a point 1/4 is the section fine on the West side of said Section 20, at a point 10 chains North of the Southwest copra of said Section, run East 9 chains i .} more or less to rigid- of`way of the Florida Midland Railway; thence in a Northwesterly direction r " along said right- of-way to North boundary of said Southwest U4 of the Southwest 1/4; thence West to Section line; thence South an Section line to the point of beginning (containing 5 acres !' ' + more or less). Less right -of -way for Maguire Road, as recorded in OR Book 1294, page 767, • Public Records of range County. Florida (OR Book 3517, Page 1380). . LESS .. ' Commence at the Southwest comer of the Southwest 1/4 Section 20, Township 22 South, i : \, 28 East, thence rum N.00•12 °W. 691.70 feet along the West tine of Section 20, Township • South, Range 28 East, thence S.89 °40'46"E. 342.08 feui along the South line of the Northwest . � 1/4 of the Southwest 1/4 of the Southwest 1/4 of said section 20 for apoint of beginning; thence • t .,r ,< t •• N. 15 °49'19 "W. 290.12 feet; thence N 54 "E. 150.343 feet; thence S.35 °5174 "E. 455.00 feet thence N.89 °40'46° W. 310.00 feet to the point of beginning. (0R Book 3669, Page 1549) ' -.. r. AND n PARCELS 1, 2 AND 3 BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: ' Commencing at the Southwest corner of the Southwest 1/4 of Section 20, Township 22 South, Range 28 East, Orange County, Florida, rem N.00 °14'15"6. along the West line of said Section • b i..... :•. •. . . 20 a distance of 691.77 feet to the southwest corner of the Northwest 1/4 of the Southwest 1/4 of Li, the Southwest 1/4 of sail Section 20; thence 5.89 °14'548, along the south line of said N o rt h w e s t 1/4 of the s o u t h w e s t 1 / 4 of the Southwest 1 / 4 a distance of 30.00 feet to the point of • ' Page 1 of 2 : 1 ' " IF El • MM f 1 aC _ .. ... -. ... , 1 ��! • Y 'ly - • If 1 OR Bk 56 23 2335 ' Orange Co FL 1448 - 0442003 beginning on the Easterly right-of- way line of Maguire Road, as recorded in OR Book 1294, { Page 767, Public Records of Orange County, Florida; thence ram N.00 ° 14'15`2, along said right- \ of-way Pane 255.67 feet to the point of curvature ofa curve concave Southwesterly and having a radius of 550.87 feet; thence run Northwesterly along the are of said curve and said right -of -way • line 182.63 feet through a central angle of 18 to said West line of Section 20• thence • N.00'14'15"E, along said West line 257.06 feet to the Southwest corner of the South 1/2 of the • Northwest 1/4 of the Southwest 1/4 of said Section 20; thence continue N.00 °141 5"2. along said ' Wet line of Section a distance of 628.09 feet to a point on the Westerly right -of -way South ' � R - Bluford Avenue (formerly 1arcona Ocoee Road) thence S.25'22'15"2 along said right-of -way • �..A lime 88.56 feet to the point ofa curvature ofa curve concave Northeasterly and having a radius of • ' .q • 1748.83 feet; thence run Southeasterly along the arc of said curve and said right -of -way line • 1 ° 120.23 feet through a central angle of 03 °56 to a point on the -of- Y Hu ofa the nce run feet • seaboard system railroad right-of-way way (as described in O.R. Book 360Z Page 2027); the S.3S ° 19'29'2 . •1 along said Easterly line 566.61 feet: thence leaving said Easterly lire. r=sr • : i • 5.54 °40 "W. 210.84 f e e t ; t h e n c e S,15 ° 1372 "E 290. I2 feet to a point on said South line of the ' a• w • • Northwest ]/4 of the Southwest 1/4 of the Southwest 1/4 of Section 20; thence run N.89 along said South line, 310.93 fret to the Point of Beginning, containing 5.7454 r acres more or less. i. gl I • a g !* i t V • 1v...v. a �c =x.. Page 2 of 2 ' -' .: rt = i ■ �� �! I • i IMBIT "C" p thva � F 1 2 99 8 - 3 i CAMBRIA PARCEL R • That past of the South 1/2 of the Northwest 1/4 of the Southwest 114 of Section 20, Township 22 South, Range 28 East, Ormge County, Florida, lying East of Clarcona Ocoee Road wad South of Maine Sheet; • AND " k_ \ - - � 5 , 1 , That part of the Northwest 1/4 ofthe Southwest 1/4 of the Southwest I/4 ofsaid Section 20, • •• • t:; _ lying East of Clarcona Ocoee Rod and South of Maine Street: t ' ' T 2...i More particularly desaibcd as follows .) • • From the Southwest ccenerof the Southwest 1/4 of Section 20, Township 22 South, Range 28 • 33 .k, " East, (range County, &tide, nm N.00° 14'15 "E. along the West line of said Section 20 a distance of 1383.54 feet to the Southwest comer of the South 1/2 ofthe Northwest 1/4 ofthe ■ Soutlnvest 1/4 of said Section 20; thence S,88 °58'01 "E. along the South line of said Smyth 12 of • ! the Northwest 1/4 of the Southwest IN a distance of 290.79 feet to the point of beginning on the Easterly tight of way line ofClareona Ocoee Road; thence nm N35°20'45"W. along said Easterly right of way line 84.06 feet to the point of curvature of a Gunge concave Northeasterly I b • and having a radius of 1688.83 fad thence Northerly along the arc of said curve and said Easterly right of way line 234.24 feet through a central angle of 07 °56'49" to the intersection of said Easterly right of way line with the Southerly right of way line of Maine Street; thence S.61 ° 17'01"E along said Southerly right ofway line 480.76 feet to the point ofcurvature of a ur ' t '•■ - curve concave Northerly and having aradius of 540.78 feet thence Easterly along the arc of said h t curve and said Southerly right of way lice 132.60 feet through a central angle of 14 ° 0256" to the A East line of the Northwest 1/4 ofthe Southwest 1/4 of the Southwest 1/4 of said Section 20; thence S.00° 13'06"W. � � 1 � line of l:larcorta Ocoee said � � =VC feet to a point on said Eestedy right of way t Road, sold point being on a concave Northeasterly and having a s ' i radius of 5735.72 feet; thence from a tangent bearing ofN.36° 18'47"W. run Northwesterly along • I tie arc curve andsaidEasterly right ofway lne i.83 feetthr al angle 00 ofsaid to the point of tangency; thp►ce N3 5' 20 '4S " al ong said ugh a centr Easterly tight of of way l _ 545.25 feet to the point of beginning, containing therein 3.2654 acres more or less. ., f {{ ,• • e 1 Tr . . grol e al .. : it- Ti RBkS623Pg2337 naltinzemolinatias n "D" Orange Co FL 1938-0492003 L: ' ili i `, ' Permitted Encumbrances means and includes the following: 1) Real property taxes for the year of transfer and for subsequent years. � Z a 2) Pending liens, if any, for special amts for public improvements or other 4 - . . public purposes, which are payable in installments. 3) All present and figure banding restrictions, zoning regulations and all present rt . and future laws, ordinances, resolutions, regulations and orders of any , .. governmental authority having jurisdiction over the real property and the use • thereof as represented heron. v` 4) Easements, mineral reservations, matters appearing on any Plat or common to any subdivision, restrictions, reservations. rights -of -way, conditions and ►� limitations of record, if any, which are not coupled with any reverter or forfeiture provisions, including (without limitation) any drainage, canal, • mineral, road, or other reservations of record in favor of the State of Florida or any of its agencies or governmental or quasi - governmental entities, or as may be set forth in any 'Murphy Deeds." ti f • to ,4 i' �-i ! 1 I: . 1 is i - I~. -� . i . 44 11/12/98 000.1011532.3 ,t Einm NNN==N=NoowPoww•PmP".......Pm.g.w•----,----:-.., -:-... "ag 6 CFR. l a 9 EZ 4 42 2338 3 • i .. .: . 1 1 if•-" . .4N.k\k\\, . . • , , • ,,-..: • Z • \ . .•...A. XI MAINE STREET .10 oc i \ TO' ROW.- x • ....>00' • 00 \ RE OCATED MANE STREET • ,,----- \ : , • 1 EXTEN i'.\ il; MAINE .40 .i9i- , Or \— 15' TEMPORARY CONSTRUCTION EASEMENT 10' PERMANENT EASEMENT VT oc • : I A • . , 1 CZ : • .., , .0 (....., .• ct KBES, TI-••• ': lahlS UMW WAS &W OR ( s \ g !.&..t. GIS BASE IDPSNOT SURIDS \ . • - ...TA • \ I .. ... . ..•4 • 1 IMO. let.f.14.: • PEC . EXHIBIT E MAINE STR FET ( *46! /.1 - I Z • ..Z.A.Z..,.• .1 . • ' . • ..-' . % - . . . 1 . • 1 • . ,•,... f -... ' , ... ' • • rik. ..• • il ii1 ' I ...--•.,....m...iiii ,.. . _ . owl • • • , OR Bk 5623 Ps 2a39 : • • Orange Co FL 1998-0492003 1 ■ ' 4 1 1,11W\A. §14. - i .. .." 1 1 1 ■N 1 ' 3 ... r . .I, -7 , 7 1 \N , - T' kik 1 ii L ogi ' . • 1 . . .•..1 . 1 7.7) „ 0 ' o\ . .k. , CONSTRUCTIt'l !1\EASEMENT • .,....--- ■.. 1 EXT:NDED MAINE 111111k..,—,0 -\ STREET — ° °.1 *\ REL•ATED EET -." ' 10'PERMAN ..1 .. II MAIN: STR; • 1i MAGUIRE EASEMEe . i )., , .-. • 111 • -..?....i.- .% -.; 15' TEMPORARY II oc . ,• - .. ' ! CONSTRUCTION ?Y; arms EASEMENT pond I . 1 • : . 1J TO DC TOWED TO THE MT OF 0:0EE AM MEIER T WILD f ROMEO AQ1 11 ,4- , 17-1 FOR 4 ~CR ETRE fral POMO 1 AK TO FOC RAID &ER ?CRP Z ca \ ITER S EIONNAMS RAM 011 \ 1.1 - i . CC b • ( PEC • EXHIBIT F MAINE STREET .. ...: • . .. ..... • •.. ... 1 eff"'"'• . .. , ''' • ' kl` • w ...—._ . i 1 • • 1T "G" _ I That portion of Richmond Avenue right-of-way lying south of Relocated Maine Street and • - • north of the existing north.rlght- of-way line of State Road 50, located in Section 20, Township i 22 South, Range 28 Fast, Orange County, Florida. The Richmond Avenue Vacated Parcel I expressly excludes the existing Maine Street. Is 1 • f ' i t OR Ek 5623 Co F1 49 ! 9e . ,, i i i 1 • -! 01 ` ill • ft... i • : ;. . ! 006- t05532.6 . t .- 4 i i TRW INSTRUMENT PREPARED BY AND SHOULD BE RETURNED TO: Paul E. Rosenthal. Esq. t : TOM k LARDNE& • 1 111 North Orange Avenue, Salle 1803 OR Bk 5623 Pg 2 341 '• Post Office Box 2193 Orange Co FL 1994- 049E003 , Orlando. Horida 32802-2193 • (407) 422-7636 , T TRES INS•RVMENT SHOULD BE S 't RETURNED TO: - ii Jest Grafton. City Ckik City of Ocoee 150 N. Lakeshore Drive ;:.. !_ - - oaf FFT 31761 I i • For Recor ug Purposes Only r "gam t 1 . NON - EXCLUSIVE TEMPORARY CONSTRU�ION R 1 4 A( LEEMEN1 • THIS NON - EXCLUSIVE CONSTRUCTION TEMPORARY EASEMENT AGREE ENT (this "Easement Ageement ") is tide and entered into this day of , 19 by and between address is (hereinafter referred to as the SI •. ) "Grantor"), and the CITY OF OCOEE. a Florida municipal corporation, whose address is • fa • • ,". 150 North Lakeshore Drive, Ocoee, Florida 34161 (hereinafter referred to as the "Grantee "). t WITNESSETR: I WHEREAS, Grantor is the owner of that certain real property located in t i Orange County, Florida. as more particularly desalbed in Exhibit "A" attached hereto and Incorporated herein by reference (the "Easement Property ") :and I ! WHEREAS, Grantee has requested, and Grantor has agreed to grant and "�. convey to Grantee, a non-exclusive temporary easement a over, upon and across the Easement i • .. Property for the specific and limited purposes hereinafter set forth. ' NOW, THEREFORE, in consideration of the mutual covenants, promises, • terms and condkions set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby au latowkdged. the parties hereto agree as follows: 4. . -r • Section 1. The above recitals are true and correct, form a material part of !A.... ' thls Agreement and are incorporated herein by reference. i r i- ( ,2. Grantor hereby gives, grants, bargains, sells and conveys to -- Fr� , Grantee a non - exclusive temporary easement over, upon and across the Easement Property for k.:. • w • ' :'' the purposes hereinafter stated (the 'Easement "), all subject to the terms, conditions and a " '� limitations set forth herein. • . Grantor hereby warrants and guarantees to Grantee that Grantor it• ttt has Lee title to the ant Property, subject to casements, reservations, restrictions and S . rights -of -way of record, if any, and that Grantor has fuU power and authority to grant this Easement as to the Easement Property. Grantee's use of the Easement Property shall be for the purpose ▪ t s of Grantee, through itself, its agents, contractors, consultants and employees: (a) performing such activities on the Easement Property as Grantee may deem reasonably necessary in — •• ... - . connection with the design, engineering and won of a certain roadway known as 11112!98 • Qom iasazs ' •• . ~ ' !' i • OR Bk 5623 P 2342 ' Orange Co FL 1998 - 0492003 i Road (the ` Road ") which is to be located adjacent t0 and ln'tite vicinity of the Easement Property, and (b) tying in and harmonizing the Easement Property and the driveways, walkways and other improvements thereon with the construction of the Road to be ' undertaken by the Grantee in conjunction with the aforesaid activities on the Easement I Property. Notwithstanding the foregoing, this Easement is granted upon the condition that the I sloping and/or grading upon the Easement Property shall not extend beyond the Easement 1 Property and that all grading or sloping sbaU conform to all existing structural improvements within the Easement Property and all work will be performed in such n manner that existing - structural iniprovenwnts will not be damaged. Section S. This Easement is non-exclusive, and Grantor reserves to itself, its • - -\- -; successors and assigns, the non-exclusive right to use, pass and repass over and upon the Pt ^ ` Easement Property. Each puny shall use the rights granted and reserved by this Easement Agreement with due regard to the rights of the other party to use and enjoy the Easement �.� Property. ' • ' i fin¢. This Easement shall terminate upon the earlier of (a) the completion • • 4,,. �`: , of the construction of the Road as certified by the City, or (b) ( ) months from the date hereof. Upon termination of this Easement, Grantee shall record a Notice of �•, ' Termination in the Public Records of Orange County, Florida. • ,Section I. Grantee shaU, at its sole cost and expense, restore any improvements { on the Easement Property that are damaged by Grantee incident to its construction of the Road to a condition which approximates as closely as is reasonably practicable the condition of said . I 4 , ingtmvements prior to being damaged by Grantee. • Section 8. To the extent permitted by law, the Grantee agrees to indemnify and H K hold }armless the Grantor from and against any and all claims, actions, causes of action, loss, damage, injury, liability, cost or expense. including without limitation attorneys' fees and u� � paralegal fees (whether incurred before, during or after trial, a upon any appellate level), arising from the Grantee's use of the Easement Property or from the exercise by the Grantee of 4 4 li eer y rights granted by this Easement Agreement. $ectian 9. To the extent that any rules, regulations or ordinances of the Grants or any preeviously existing development approvals or any agreements between the Grantor (or A g f. „} its predecessors in interest) and the Grantee require that certain improvements, including but not limited to walls, signage, landscaping, irrigation and berating, be constructed or installed t . within all or any portion of the Easement Property, the Grantor agrees that it shall not construct or Install any such improvements within the Easement Property until the earlier of (i) the date of termination of this Easement Agreement, or (d) the written approval by the Grantee of a speclfc improveaunt within the Easement Property. The aforementioned restrictions may be waived by Grantee in whole or in pan, at the Grantee's option. The Grantor may from time- to-time request the approval of Grantee to construct or install certain improvements within the Easement Property and Grantee covenants and agrees to grant such approval unless the Grantee E makes a good faith determination that such improvement will interfere with the exercise by t .. -.." • • i• .' I Grantee of its rights and privileges under the terms of this Easement Agreement. Grantee ' . -_ • covenants and agrees that it will not defer or delay the issuance to Grantor of any building • ,,� .: t permits, certificates of completion or certificates of occupancy because of the inability of the I . -`"� i- Grantor to complete improvements within the Easement Property die to the restrictions - t Imposed by this Easement Agreement; provided, however, that due Grantor shall, at Grantor's ” t ,u;! i ; • 1 sole cost and expense, promptly complete any such deferred or delayed improvements upon the ' `. •____ ._ terror ion of this Easement Agreement or the waiver of sad► restriction by the Grantee. Nothing coined in this Section shall be construed to tiara or discharge the Grantor from Lealii‘' any of its obligations and responsibilities with respect to improvements to be constructed or installed within the Easement Property. This Section is intended only to affect the timing of the z Grantor's compliance with any such obligations and responsibilities. 1 . . This Easement Agreement shall be binding upon and inure to the i «—{ ' benefit of the 'feed herein, their respective legal representatives. successors and 1 ' �'ti L .. assigns, and the benefits and ba tens hereof shall run with the Easement Property. : , .�:;. ' II . •'' 006115367.1 2 - ' _., • - w ^ ._ • 1 , g Orange Co�FL�199a- o49P00 1 1 • i 1 Seedon 11. This Easement Agreement may be modified or amended only upon II,: ; the mutual wtlttes consent of Grantee and Grantor, or their respective legal representatives, - . . successors and assigns. . IN WITNESS WOOF. the parties hereto have subscribed their tames and have caused this Easement Agreement to be executed as of the day and year first above written. X Signed, sealed and delivered GRANTOR: 7 f In the presence o ,. , 1 t'rhl tune - i -. - • R :•'.. 1 1 1 I1 1uY. t "" d GRANTEE: ' 1 CITY OF OCOEE, 4 a Florida municipal corporation 1 , By: r — Attest: City Clerk 11 4 t (SEAL) _ ! FO$ I1SB AND RE[.TANGE ONLY BY APPROVED $Y T� OCOEE CITY a THB CITY OF OCOEB, FLORIDA; COMMISSION AT A MEETING ; APPROVED AS TO FORM AND HELD ON „ 19 .11 g LEGALITY this day of UNDER AGENDA ITEM NO. c9 1^ .19_ t 0 { FOLBY & LARDNER i By: .' City Attorney wilt vi i • a b 1. 1 aos.»ssai.t -3- t i �Orangee co FF'L�191 2 9- 0492003 . Recorded - Marktu 0 Naynie STATE OF FLORIDA ) - COUNTY OF ) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the I • State aforesaid and in the County aforesaid, to take acknowledgements, personalty appeared before me of and who ❑ is personally known to me, or who ❑ produced as identification, and who acknowledged that he/she executed the foregoing instrument freely and voluntarily for the uses and purposes expressed therein. ' I • WITNESS my head and official aal in the C4 kmty and State last aforesaid this _ day of ,19 i •�.� ; Signature of Notary • ns..k. i 1 Name of Notary (Typed, Printed or Stamped) 4•.4 Commission Number (if not legible ca seeU; .!i My Commission Expires Of not legible on seal), • . 1 • 1 �, ' STATE OF FLORIDA g y �„ ,` COUNTY OF ORANGE Pf i • . r 1 . 1 I HEREBY CERTIFY that on this day, before ate, an officer duly authorized in the .. ' - personally " State and County aforesaid to take acknowledgments, personally gi :4 • ` t j and well ]mown to inns to be the J . Mayor and City Clerk, respectively, of the CITY OF OCOEE, a Florida to corporation, and that they severally acknowledged executing the same in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in them by said 11 municipality. They are personall known to me , , • : WITNESS my hand and ofiiciai seal In the County and State last aforesaid the t a day of ,19 {s+ r Signature of Notary i • •�4 , I- q•. r Name of Notary (root Natal orssaepce) :. Commission Number Of not legible a sesl): '".; My Commission Expires (iroot te=adeoasal): sir. » ^...:.:.. Ll • ., '.'. ; 006.116387.1 -4- THIS INSTRUMENT PREPARED BY AND SHOULD BE RETURNED TO: Paul E. Rosenthal, Esq. FOLEY & LARDNER LLP 111 North Orange Avenue, Suite 1800 Post Office Box 2193 DOCA 20110096422 B: 10176 P: 7236 02/23/2011 01:47:40 PM Page 1 of 15 Orlando, FL 32802 - 2193 Rem Fee: $129.00 407 423 - 7656 Deed Doc ax: $0.00 DOR Admin Fee: $0. Intangible Tax: $90 Mortgage Stamp: . RETURN TO: Martha 0. Haynie, Comptroller Orange County FL Beth Eikenberry, City Clerk MB - Re {To : County, City of Ocoee 111161111440/010 150 N. Lakeshore Dr. Ocoee, FL 34761 For Recording Purposes Only ADDENDUM TO CITY OF OCOEE / COLBURN DEVELOPMENT AGREEMENT THIS ADDENDUM is made and entered into this lir\ day of December 2010, by and between WILLIAM E. COLBURN AND JOHN D. COLBURN (collectively, "Colburn "), CAMBRIA, a Florida general partnership ( "Cambria ") and the CITY OF OCOEE, FLORIDA, a municipal corporation existing under the laws of the State of Florida (hereinafter "City "). RECITALS 1. Colburn, CCN INVESTMENTS, INC., a Florida corporation, formerly known as CYPRESS CREEK NURSERY, INC., (hereinafter "CCN "), Cambria and the City, previously entered into the City of Ocoee /Colbum Development Agreement dated November 17, 1998 as recorded in Official Records Book 5623, Page 2313 of the Public Records of Orange County, Florida (hereinafter the "Agreement "). 2. Colbum and Cambria are the current owners of the Park Land as defined in the Agreement. 3. Colonial Bluford LLC ( "Colonial Bluford") is the current owner of all of the East Property except for the Park Land. 4. Colburn and Cambria are required to convey the Park Land to the City pursuant to the provisions of Section 4 of the Agreement. 5. Colbum, Cambria and the City desire to address certain matters in connection with the conveyance of the Park Land which do not affect the rights of Colonial Bluford or CCN under the Agreement. ACCORDINGLY, in consideration of the Recitals hereof, and of the mutual covenants and conditions contained herein, and other good and valuable consideration, the receipt and ORLA 20110096422 Page 2 of 15 sufficiency of which are acknowledged by the parties, Colbum, Cambria and the City hereby agree as follows: SECTION 1. RECITALS. The above Recitals are true and correct, and form a material part of this Agreement. SECTION 2. DESCRIPTION OF PARK LAND. The parties agree that the Park Land shall comprise that tract of land consisting of approximately 7 'f16 acres as described in Exhibit "A" attached hereto and incorporated by reference in this Addendum. SECTION 3. CONVEYANCE OF PARK LAND. With respect to the conveyance of the Park Land, the following shall apply in lieu of the provisions of Section 4.3 of the Agreement: (a) The conveyance of the Park Land shall be by general warranty deed, free and clear of all liens and encumbrances, except for easements of record, if any, but subject to the Permitted Encumbrances. The form of deed shall be prepared by the City consistent with this Agreement, subject to the approval of Colburn and Cambria not to be unreasonably withheld. The descriptive title ascribed to the Park Land is intended for convenience only and not as a limitation on the use of such land by the City. Colburn and Cambria acknowledge that the City may elect to dispose of or otherwise convey all or a portion of the Park Land to third parties, including but not limited to Colonial Bluford, on such terms and conditions as may be determined by the City in its sole and absolute discretion. (b) The instrument of conveyance shall transfer all of the Colbum and Cambria interest in and to all tenements, hereditaments and appurtenances belonging or in anywise appertaining to the Park Land, including without limitation of the foregoing, all right, title and interest of Colbum and Cambria in and to any land lying in the bed of Maine Street and any other street, alley, road or avenue (before or after vacation thereof, and whether previously abandoned or vacated or hereafter abandoned or vacated) in front of or adjoining the Park Land to the center line thereof. (c) In connection with the conveyance of the Park Land, Colburn and Cambria have requested that the City execute Part IV, Donee Acknowledgment, of IRS Form 8283. The City agrees to execute such form with the understanding that the City makes no warranty, representation or guaranty regarding whether or not Colburn and Cambria are entitled to claim a deduction on their tax returns in connection with the conveyance of the Park Land to the City. SECTION 4. VESTED RIGHTS. The City has previously issued to Colbum and Cambria Certificate of Vesting Number CV -99 -01 dated February 16, 1999, which Certificate remains in full force and effect. The City hereby reaffirms the provisions of Section VI.13 of the Certificate of Vesting which provides that upon conveyance of the Park Land to the City the West Property will be allowed to be developed as a vested parcel for commercial purposes in accordance with the City's C -2 zoning district, as it may from time to time be amended. SECTION 5. EFFECT OF THIS ADDENDUM. Except as expressly provided in this Addendum, the Agreement shall remain unchanged and is hereby ratified and confirmed. Nothing contained in this Addendum shall be construed to affect the rights of CCN and Colonial Bluford under the Agreement. 2 ORLA_1661449.1 20110096422 Page 3 of 15 IN WITNESS WHEREOF, the Colburn, Cambria and the City have caused this instrument to be executed as of the day and year first above written. Signed, sealed and delivered CITY before these witnesses: CITY OF OCOEE, a Florida municipal corporation / � f ■La WI 40 irtM: By: s'F - �-- S SCOTT VANDERG P Name: � �5� k.1� i kk1 • La_ IT?:Mayor t i // 4.4 Attes • ■ • , . . .,, j : EIKE : tRY,. City o rk Print Name' .M' . I I 11 / (SEAL) FOR USE AND RELIANCE BY THE • OF OCOEE, FLORIDA; APPROVED AS TO FORM AND APPROVED BY THE OCOEE CITY Do r, • A this day of C MMISSION AT A MEETING HELD ON OC n , 2010 , 2010 4DER AGENDA IT M NO. 1 FOLE & L RDNER LLP By: h City Attorney STATE OF FLORIDA COUNTY OF ORANGE I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared S. SCOTT VANDERGRIFT and BETH EIKENBERRY, personally known to me to be the Mayor and City Clerk, respectively, of the CITY OF OCOEE and that they severally acknowledged executing the same in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in them by said municipality. They are personally known to me. WITNESS my hand and official seal in the County and State last aforesaid this I D da of Y gleeeritimp, 201+. ;CS ....... 71 .4.4_ 1 6 11 , (2±/ 1 14 ° W% Sigip of Notarx Pi}b i L / • 0 ,0 . 2 ) Vatti bloo Print Notary Name #." My Commission Expires: AFFIX NOTA) ,S 4AtLE:' 'Q ` Commission No.: / / IIIH O I IIN 0 `\` 3 ORLA_1661449.1 20110096422 Page 4 of 15 Signed, sealed and delivered COLBURN: before these witnesses: Print N 7�'Gl' ,1e. - - Oil q WILLI E. COLBURN Print Name: 'IWO f 2 bW 5 Print N e: ��� /f' GC.ZJ?di J ►i =r D. COLBURN Print Name: 9rp4GK&" CAMBRIA, a Florida general partnership • Print Na r/e: i •LRI / ` BY: ��. N 4 0 Col barn) Title: Rad'11,'4? Print Name: r JI .1/c riscxo t1 S 4 ORLA_1661449.1 20110096422 Page 5 of 15 STATE OF FLORIDA COUNTY OF v0 Z v5i I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared WILLIAM E. COLBURN, [ ] who is personally known to me, or [ ] who produced ,PZ' _2L . as identification, and that he acknowledged executing the same in the presence of two subscribing witnesses freely and voluntarily. WITNESS my hand and official seal in the County and State last aforesaid this y day of December, 2010. I ISABEL ��✓ d Notsry PubI1C • Sa State te of 1 Florida / My Comm. Expires Aug 17, 2013 Si nature of b Commission #r DD 903300 onded Through National Notary Assn. / < Print Notary Name My Commission Expires: S/:;,7Ai AFFIX NOTARY STAMP Commission No.: bd 70 330 a STATE OF FLORIDA COUNTY OF y'0 r ‘ I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared JOHN D. COLBURN, [ ] who is personally known to me, or [ ] who produced / 0:e - - 25,2G • as identification, and that he acknowledged executing the same in the presence of two subscribing witnesses freely and voluntarily. WITNESS my hand and official seal in the County and State last aforesaid this y day of December, 2010. _ _ _ _ _ ' _ � �,,, . a .,,� ISABEL FIDALGO ,r� / %�s�7`%� c " Notary Public - State of Florida 1 ' s My Comm. Expires Aug 17, 2013 • Signature of No pry / • Commission # DD 903300 ` —� " �1� Bonded Through National Notary Assn. Print Notary Name My Commission Expires: 1 AFFIX NOTARY STAMP Commission No.: Ste` y /23-$06 5 ORLA 1661449.1 20110096422 Page 6 of 15 STATE OF FLORIDA COUNTY OF /22/v5/ , I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared "GA,r/ . 6743/.:14, as General Partner, of CAMBRIA, a Florida general partnership, [ ] who is personally known to me, or [ ] who produced /,i� , 6jLG . as identification, and that he acknowledged executing the same in the presence of two subscribing witnesses freely and voluntarily. / / WITNESS my hand and official seal in the County and State last aforesaid this day of December, 2010. / ## < , ,; y.N. ISABEL FIDALGO , y—,, NNotary Public • State of Florida �� � i,�:,�+ COMM. My Co Expires Aug 17, 2013 Si ature o f N ot Pu c � Commission # DD 903300 Hsu�j7 SI'd <*z) 1 ' 'ryfj „dos' Bonded Through National Notuy Assn. Print Notary Name pv � ” My Commission Expires: F��j /3 AFFIX NOTARY STAMP Commission No.: )) /' 9 4 33o v 6 ORLA_1661449.1 20110096422 Page 7 of 15 EXHIBIT "A" DESCRIPTION OF PARK LAND (8 following pages) 20110096422 Page 8 of 15 • Cambria Parcel Description: (By this Surveyor) A portion of the Southwest 1/4 of Section 20, Township 22 South, Range 28 East, Orange County, Florida, being more particularly described as follows: Commence at the Southwest corner of the Southwest 1/4 of Section 20, Township 22 South, Range 28 Eost, Oronge County, Florida; thence North 00'28'46" West along the West line of said Section 20, o distance of 1383.38 feet to the Southwest corner of the South 1/2 of the Northwest 1/4 of the Southwest 1/4 of said Section 20: thence South 89'38'41" Eost along the South line of said South 1/2 of the Northwest 1/4 of the Southwest 1/4 o distance of 290.93 feet to the Easterly right of way line of North Bluford Avenue (formerly Clarcono Ocoee Road) and the POINT OF BEGINNING; thence North 36'03'19" West along soid Eosterly right of way line a distance of 84.01 feet to a point of curvature of o curve concave Northeasterly, having o radius of 1650.53 feet; thence Northwesterly along the arc of said curve and said Easterly right of way line, through a central angle of 08'08'40 ", a distance of 234.62 feet to the Southerly right of way Tine of Maine Street (a public road); thence South 62'08'30" Eost along soid Southerly right of way line a distance of 486.28 feet to point of curvature of a curve concave Northeasterly, having a radius of 540.78 feet; thence Southeasterly along the arc of said curve and said Southerly right of way line, through a central angle of 13'23'39 ", o distance of 126.42 feet to the East Tine of the West 1/2 of the Southwest 1/4 of the Southwest 1/4 of said Section 20; thence South 00'29'35" East along said East line of the West 1/2 of the Southwest 1/4 of the Southwest 1/4 of said Section 20, a distance of 103.18 feet to the Northerly line of the lands described in Official Records Book 9986, Page 7229, Public Records of Orange County, Florido, and a point on a non — tangent curve concave Northeasterly, having a rodius of 640.78 feet; thence from a tangent bearing of North 78'17'46" West, Northwesterly along the arc of said curve and said Northerly line of the lands described in Official Records Book 9986, Page 7229, through o central angle of 03'58'15 ", a distance of 44.41 feet to a point of reverse curvature of a curve, having a radius of 220.00 feet; thence Southwesterly olong the arc of said curve and said Northerly line, through o central angle of 51'49'59 ", a distance of 199.02 feet to o point of tangency; thence South 53'50'32" West along said Northerly line a distance of 36.98 feet to the aforementioned . Eosterly right of woy line of North Bluford Avenue (formerly Clarcona Ocoee Rood); thence North 36'03'19" West along said Easterly right of way Tine o distance of 190.03 feet to the POINT OF BEGINNING. Containing 1.886 acres more or Tess. SURVEYORS NOTES: 1. Bearings shown hereon are based on the West line of Section 20, Township 22 South, Range 28 East, being North 00'28'46" West, assumed. 2. I hereby certify that the "Sketch of Description" of the above described property is true and correct to the best of my knowledge and belief as recently drown under my direction and that it meets the Minimum Technical Standords for Land Surveying CH. 5J- 17.050 —.052 requirements. 3. Not volid without the original signature and raised seal of a Florida Licensed Surveyor and Mapper. Dote: CERT. NO. LB2108 55653001 DESCRIPTION December 22, 2010 REJ F FOR Job No.: Scale: 55653 I 1" = 100' .y T 4 "`r„T 1 City of Ocoee; Chicago Title ..�.r„ tr .�.li.Z+s,. SOUTH 65 Insurance Company; Cambria, CH. 5J 17.050 — .052, Florida ey IN,G 60 Al ' IA e ET I G gPPINC CORP. general partnership; a Florida Administrative Code requires that ' , B p p' o legal description drawing bear 6540 All A � 14c nt Bti levard William E. Colburn; John David the notation thoc Orltsndd, Florida 328101- 4350 Colburn; Colonial Bluford, LLC, (ao 292 -85 #40x(4p7)Z92— 0141 a Florida limited liability THIS IS NOT A SURVEY. email. infolaa ' s e ur«eyin .cam company: First American ; Title Insurance Company; SHEET 1 OF 2 GARY B. KRICK ShuLts & Bowen, LLP SEE SHEET 2 FOR SKETCH REGISTERED LAND SURVEYOR NO. 4245 20110096422 Page 9 of 15 SKETCH OF DESCRIPTION SECTION 20, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA N S . 6 44t, e GR APH IC IOO '083 Op �Y, D 100 L=2.34.62' t7~ I, . R- 1650.53' ire, S FS A = 08'08'40" '28• s O� k i k'PCY ec (4,� RiChT L =126.42' CA L" R =540.78' N36'03'19" W PARCEL A =13'23'39" 84.01' POINT OF BEGINNING e 589'38'41 "E 290.93' EAST LINE OF W 1/2 OF S 1/2 OF THE NW 1/4 OF THE SW 1/4 OF SW 1/4 OF - � 4.1 a SW 1/4 OF SECTION 20 -22 -28 SECTION 20 -22 -28 .. � N SW CORNER OF THE S 1/2 . of •F THE NW 1/4 OF THE SW y u ' � p DESCRIBED RECORD N • COLBURN N 1/4 OF SECTION 20 -22 -28 0 9A 1 -L BOOK 9986. PAGE 7229 V b 0 PARCEL o ^ � 0 i GZi 4 0 ° eh L= 199.02' N � 0 y 0 R- 220.00' L =44.41' o 'Q 'A A =51'49'59" R =640.78' III 1. A = 03'58' 15" z y- Z io 4 ) c , t. S5 5'50'3 2 "W 6 b 1, c , a 36.98' m z • ° • z 0 .p w *y N Q COLONIAL BLUFORD, LLC PARCEL '15.1' '' 1 0 \ POINT OF COMMENCEMENT � � \ eN� G SW CORNER OF THE SW 1/4 0 OF SECTION 20 -22 -28 O J � � I L l t f SOUTHEASTERN SURVEYING & MAPPING CORP. 8500 All American Boulevard ()rowing No. 55653001 Orlando, Florida 32810-4350 Job No. 55653 (407)292 -8580 Iax(407)292 -0141 0ote:12 /22/10 NOT VALID WITHOUT SHEET 1 Cert. No. LB -2108 SHEET 2 OF 2 THIS IS NOT A SURVEY email infoesoutheasternsurveying.com See Sheet 1 for Description 20110096422 Page 10 of 15 Colburn Parcel Description: (By this Surveyor) A portion of the Southwest 1/4 of Section 20, Township 22 South, Range 28 East, Orange County, Florida, being more particularly described as follows: Commence at the Southwest corner of the Southwest 1/4 of Section 20, Township 22 South, Range 28 East, Orange County, Florida; thence North 00'28'46" West along the West Tine of said Section 20, o distance of 1383.38 feet to the Southwest corner of the South 1/2 of the Northwest 1/4 of the Southwest 1/4 of sold Section 20; thence South 89'38'41" East along the South line of said South 1/2 of the Northwest 1/4 of the Southwest 1/4 a distance of 290.93 feet to the Easterly right of way line of North Bluford Avenue (formerly Clarcona Ocoee Rood); thence North 36'03'19" West along said Easterly right of way line o distance of 84.01 feet to a point of curvature of a curve concave Northeasterly, having o radius of 1650.53 feet; thence Northwesterly along the arc of said curve and said Easterly right of way line, through a central ongle of 08'08'40 ", a distance of 234.62 feet to the Southerly right of way Tine of Moine Street (a public road); thence South 62'08'30" East olong soid Southerly right of way line a distance of 486.28 feet to point of curvature of o curve concove Northeasterly, having o radius of 540.78 feet; thence Southeasterly along the arc of said curve and said Southerly right of way line, through a central angle of 13'23'39 ", a distance of 126.42 feet to the East line of the West 1/2 of the Southwest 1/4 of the Southwest 1/4 of said Section 20 and the Point of Beginning; thence, continuing along said arc, through o centrol angle of 14'06'32 ", a distance of 133.17 feet to o point of tangency; thence South 89'38'41" East along said Southerly right of way line a distance of 533.27 feet to the East line of the Southwest 1/4 of the Southwest 1/4 of said Section 20; thence South 00'31'12" East along said East line of the Southwest 1/4 of the Southwest 1/4 of said Section 20 a distance of 100.78 feet to the Northerly line of the lands described in Official Records Book 9986, Page 7229, Public Records of Orange County, Florida; thence along soid Northerly line the following two (2) courses: North 89'29'53" West a distance of 540.65 feet to o point of curvature of o curve concave Northeasterly, having a radius of 640.78 feet; thence Northwesterly along the orc of sold curve and said Northerly line, through a central angle of 11'12'07", a distance of 125.28 feet to o point on the aforesaid East line of the West 1/2 of the Southwest 1/4 of the Southwest 1/4 of said Section 20; thence departing said Northerly line, North 00'29'35" West along said East line a distance of 103.18 feet to the Point of Beginning. Containing 1.530 acres more or less. SURVEYORS NOTES: 1. Beorings shown hereon are bosed on the West line of Section 20, Township 22 South, Range 28 East, being North 00'28'46" West, assumed. 2. I hereby certify thot the "Sketch of Description" of the above described property is true and correct to the best of my knowledge and belief as recently drawn under my direction and that it meets the Minimum Technical Standards for Land Surveying CH. 5J- 17.050 -.052 requirements. 3. Not valid without the original signature and raised seal of a Florida Licensed Surveyor and Mopper. Date: CERT. NO. LB2108 55653002 DESCRIPTION December 22, 2010 REJ FOR Job No.: Scale: .. 55653 N0T TO SCALE - 11 4. a ' I lawri ∎ City of Ocoee; Chicago Title rA.iww. sal .AucCr - -- 1011. ®1•■ RUC Insurance Company; Cambria, CH. 5J- 17.050 —.052. Florida w' �' _ general partnership; ovrH6 y 1+st► , q!'1'ING CORP. a Florida Ad ministrative Cod req uires that 4 f t g p p ' iption drawing beor 6500 AJ A r can • d e4 o legol descr 5 William E. Colburn; John David the nototion that a tano{ Frt�t. } 38 0 -4950 Colburn; Colonial Bluford, LLC, (40 .292 - 8580 Fax(4oi292z 0141 a Florida limited liability THIS IS NOT A SURVEY. email. infAiTu • -.st4 •1rveyin• cam company: First American 4 . ?' ' } Title Insurance Company; SHEET 1 OF 2 ARY B. Shutts & Bowen, LLP SEE SHEET 2 FOR SKETCH REGISTERED LAN J VEl'OR' NO. 4245 20110096422 Page 11 of 15 SKETCH OF DESCRIPTION SECTION 20, TOWNSHIP 22 SOUTH, RANGE 28 EAST. ORANGE COUNTY, FLORIDA w 5 °o '<co IV 0 L. 1 0 t.- 0 z Z NOT TO - \o SCALE 1 ^ r d 3 W 1IJJ N MAINE STREET S s2 O g , SOUTHERLY RIGHT RIGHT OF WAY VA L =234.6 � s 1 g 0' E ' OF WAY UNE P INT OF : GINNING R =1650.53' L =126.42' n =08'08.40' R =540.78' L= 133.17' IPC' N3603'19 "W A =13 R=540.78' EAST UNE OF SW 1/4 OF SW 84.01' r? / = 14'06'32" 1/4 OF SECTION 20- 22 -28 — \„... , S89 290.93' S89'38'41 "E 533.27' CAMBRIA ro giti. PARCEL a W n COLBURN .la N w R � F`p �N00'29'35" W PARCEL - p n 1 CO �N -1.,,_<,.. < 4 � �� 103,18 ;o o 1 � o y o ti� `5. I b N 0= LI el N p N ," N89'29'S3 W \0.65 ' N z n i ° I �" �� L= 125.28' m° a Z C R =640.78' NORTHERLY UNE OF THE LANDS w 4 .e Z z 4 'A j 4 O o w w G1 O d ` A =11'12'07' BOOK 9986. PAGE 7229 w C Z w 0 q COLONIAL BLUFORD, LLC L. Z w ° w 0 0 � O o PARCEL kJ 0 z ° to N y O0 0 9 � 'A I 0, J POINT OF COMMENCEMENT SW CORNER OF THE SW 1/4 OF SECTION 20 -22 -28 i / - `i♦ 14 s I ' : ' t � 1�w1 rrsaasstaJrat —1 1•mw� I/II11■M1•�11�\ \ SOUTHEASTERN SURVEYING & MAPPING CORP. . 8500 Am Drowirg No. 55653002 Or ndo, Florida a 3 810 Boulevard a 350 Job No. 55653 (407)292 -8580 fax(407)292 -0141 Dote:12/22/10 NOT VALID WITHOUT SHEET 1 Cert. No. L8 -2108 SHEET 2 OF 2 THIS IS NOT A SURVEY email: into.southeasternsurveying.com See Sheet 1 for Description 20110096422 Page 12 of 15 SURVEYOR'S AFFIDAVIT (Affidavit Establishing that two Different Legal Descriptions Ideality the Same Land) Before me, the undersigned authority, personally appeared the undersigned party who has executed this Affidavit, who made the following statements: 1. Purpose of Affidavit. I am making this Affidavit for the purpose of establishing that the property identified by two different legal descriptions identify one and the same parcel of land. 2. Expertise. I am currently licensed as a professional land surveyor in the State of Florida, my license number being LS 4732. 3. Identification. I have personally determined in accordance with (i) generally accepted surveying principles, and (ii) provisions of Chapter 472, Florida Statutes, and to meet or exceed the 11fmimum Technical Standards for Land Surveying, Chapter 5J -17.5, F.A.C., that the land described in Paragraph A below is one and the same parcel of land as the land described in Paragraph B below. (a) Exhibit A Overall Parcel (attached) (b) Exhibit B Cambria Parcel together with Exhibit C Colburn Parcel (attached) 4. This Surveyor's Affidavit is certified to and may be relied on: Foley & Lardner LLP; City of Ocoee; Chicago Title Insurance Company; Cambria, a Florida general partnership; William E. Colburn; John David Colburn; Colonial Bluford, LLC, a Florida limited liability company; First American Title Insurance Company; and Shuns & Bowen, LLP. Appropriate Signature Timothy O. Mosb , Florida Professional Surveyor and per No. 4732 SWORN AND SUBSCRIBED to before me this 23 day of Z)eeemIe2 , 20 it by :moo / 4 " y who [ ] is personally known to me, or [ ] p F /R' * Lxrysras identification. STEVEN C. BROVA4 My COMMISSION I DO 895585 SignaVre of Notary ' EXPIRES:.MYy 17, 2011 L i-kW/7 C. /!L e tai AJ sanaws Now Nile Undmilets Name of Notary (Typed, Printed or Stamped) Commission. Number (if not legible on seal): 7 b My Commission Expires (if not legible on seal): 7//7/' o// ORLA_157128.1 20110096422 Page 13 of 15 Exhibit A Overall Parcel Description: (By this Surveyor) A portion of the Southwest 1/4 of Section 20, Township 22 South, Range 28 East, Orange County, Florida, being more particularly described as follows: Commence at the Southwest comer of the Southwest 1/4 of Section 20, Township 22 South, Range 28 East, Orange County, Florida; thence North 00 °28'46° West along the West line of said Section 20, a distance of 1383.38 feet to the Southwest comer of the South 1/2 of the Northwest 114 of the Southwest 1/4 of said Section 20; thence South 89 °38'41° East along the South line of said South 1/2 of the Northwest 1/4 of the Southwest 1/4 a distance of 290.93 feet to the Easterly right of way line of North Bluford Avenue (formerly Clarcona Ocoee Road) and the Point of Beainning; thence North 36 °0319° West along said Easterly right of way line a distance of 84.01 feet to a point of curvature of a curve concave Northeasterly, having a radius of 1650.53 feet; thence Northwesterly along the arc of said curve and said Easterly right of way line, through a central angle of 08 °08'40 ", a distance of 234.62 feet to the Southerly right of way line of Maine Street (a public road); thence South 62 °08'30" East along said Southerly right of way line a distance of 486.28 feet to point of curvature of a curve concave Northeasterly, having a radius of 540.78 feet; thence Southeasterly along the arc of said curve and said Southerly right of way line, through a central angle of 27°30'11", a distance of 259.59 feet to a point of tangency; thence South 89 °38'41" East along said Southerly right of way line a distance of 533.27 feet to the East line of the Southwest % of the Southwest % of said Section 20; thence South 00 °31'12" East along said East line of the Southwest % of the Southwest 1/4 of said Section 20 a distance of 100.78 feet to the Northerly line of the lands described in Official Records Book 9986, Page 7229, Public Records of Orange County, Florida; thence along said Northerly line the following four (4) courses: North 89 °29'53° West a distance of 54.0.65 feet to a point of curvature of a curve concave Northeasterly, having a radius of 640.78 feet; thence Northwesterly along the arc of said curve and said Northerly line, through a central angle of 15 °10'24 °, a distance of 169.69 feet to a point of reverse curvature of a curve, having a radius of 220.00 feet; thence Southwesterly along the arc of said curve and said Northerly line, through a central angle of 51°49'59", a distance of 199.02 feet to a point of tangency; thence South 53 °50'32" West along said Northerly line a distance of 36.98 feet to the aforementioned Easterly right of way line of North Bluford Avenue (formerly Clarcona Ocoee Road); thence departing said Northerly line, North 36 °03'19" West along said Easterly right of way line a distance of 190.03 feet to the Point of Beainning. Containing 3.416 acres more or less. 20110096422 Page 14 of 15 Exhibit B Cambria Parcel Description: (By this Surveyor) A portion of the Southwest 1/4 of Section 20, Township 22 South, Range 28 East, Orange County, Florida, being more particularly described as follows: Commence at the Southwest comer of the Southwest 114 of Section 20, Township 22 South, Range 28 East, Orange County, Florida; thence North 00 °28'46" West along the West line of said Section 20, a distance of 1383.38 feet to the Southwest comer of the South 1/2 of the Northwest 1/4 of the Southwest 1/4 of said Section 20; thence South 89 °38'41" East along the South line of said South 1/2 of the Northwest 1/4 of the Southwest 1/4 a distance of 290.93 feet to the Easterly right of way line of North Bluford Avenue (formerly Clarcona Ocoee Road) and the Point of Beginning; thence North 36 °03'19" West along said Easterly right of way line a distance of 84.01 feet to a point of curvature of a curve concave Northeasterly, having a radius of 1650.53 feet; thence Northwesterly along the arc of said curve and said Easterly right of way line, through a central angle of 08 °08'40 ", a distance of 234.62 feet to the Southerly right of way line of Maine Street (a public road); thence South 62 °08'30" East along said Southerly right of way line a distance of 486.28 feet to point of curvature of a curve concave Northeasterly, having a radius of 540.78 feet; thence Southeasterly along the arc of said curve and said Southerly right of way line, through a central angle of 13 °23'39 ", a distance of 126.42 feet to the East line of the West 1/2 of the Southwest 1/4 of the Southwest 1/4 of said Section 20; thence South 00 0 29'35" East along said East line of the West 1/2 of the Southwest 1/4 of the Southwest 1/4 of said Section 20, a distance of 103.18 feet to the Northerly line of the lands described in Official Records Book 9986, Page 7229, Public Records of Orange County, Florida, and a point on a • non - tangent curve concave Northeasterly, having a radius of 640.78 feet; thence from a tangent bearing of North 78 °17'46" West, Northwesterly along the arc of said curve and said Northerly line of the lands described in Official Records Book 9986, Page 7229, through a central angle of 03 °58'15 ", a distance of 44.41 feet to a point of reverse curvature of a curve, having a radius of 220.00 feet; thence Southwesterly along the arc of said curve and said Northerly line, through a central angle of 51°49'59', a distance of 199.02 feet to a point of tangency; thence South 53 °50'32" West along said Northerly line a distance of 36.98 feet to the aforementioned Easterly right of way line of North Bluford Avenue (formerly Clarcona Ocoee Road); thence North 36 °03'19" West along said Easterly right of way line a distance of 190.03 feet to the Point of Beginning. Containing 1.886 acres more or less. 20110096422 Page 15 of 15 Exhibit C Colbum Parcel Description: (By this Surveyor) A portion of the Southwest % of Section 20, Township 22 South, Range 28 East, Orange County, Florida, being more particularly described as follows: Commence at the Southwest comer of the Southwest % of Section 20, Township 22 South, Range 28 East, Orange County, Florida; thence North 00 °28'46" West along the West line of saki Section 20, a distance of 1383.38 feet to the Southwest comer of the South % of the Northwest % of the Southwest' /. of said Section 20; thence South 89 °38'41" East along the South line of said South % of the Northwest % of the Southwest % a distance of 290.93 feet to the Easterly right of way line of North Bluford Avenue (formerly Clarcona Ocoee Road); thence North 36 °03'19' West along said Easterly right of way line a distance of 84.01 feet to a point of curvature of a curve concave Northeasterly, having a radius of 1650.53 feet; thence Northwesterly along the arc of said curve and said Easterly right of way line, through a central angle of 08 °08'40", a distance of 234.62 feet to the Southerly right of way line of Maine Street (a public road); thence South 62 °08'30" East along said Southerly right of way line a distance of 486.28 feet to point of curvature of a curve concave Northeasterly, having a radius of 540.78 feet; thence Southeasterly along the arc of said curve and said Southerly right of way line, through a central angle of 13 °23'39", a distance of 126.42 feet to the East line of the West 1 /2 of the Southwest % of the Southwest % of said Section 20 and the Point of Beainning; thence, continuing along said arc, through a central angle of 14°06'3T, a distance of 133.17 feet to a point of tangency; thence South 89 °38'41" East along said Southerly right of way line a distance of 533.27 feet to the East line of the Southwest % of the Southwest 1/4 of said Section 20; thence South 00 °31'12" East along said East line of the Southwest'/, of the Southwest'/, of said Section 20 a distance of 100.78 feet to the Northerly line of the lands described in Official Records Book 9986, Page 7229, Public Records of Orange County, Florida; thence along said Northerly line the following two (2) courses: North 89 °29'53" West a distance of 540.65 feet to a point of curvature of a curve concave Northeasterly, having a radius of 640.78 feet; thence Northwesterly along the arc of said curve and said Northerly line, through a central angle of 11 °12'07 ", a distance of 125.28 feet to a point on the aforesaid East line of the West % of the Southwest % of the Southwest' of said Section 20; thence departing said Northerly line, North 00 °29'35" West along said East line a distance of 103.18 feet to the Point of Beainnino. Containing 1.530 acres more or less. Copy of Advertisement (that ran in ti = print rridicii Date Published and Media ian�e 1 2C The West Orange Times Thursday, July 21, 2011 Advertisement or Article NOTICE OF HEARING CITY OF OCOEE The City intends to amend a 1998 Development Agreement relating to the relocation and extension of Maine Street The proposed Amendment pro - vides for the relocation of aportion of Maine Street east of Bluford Avenue and south of the existing Maine Street onto lands which were donated to the City pursuant to the 1998 Development Agreement , This will result in • an approximate .72 acre tract of land south of the relocated Maine Street which will be surplus land not be needed by the City. The Amendment provides for the City to convey this surplus tract to Colonial Bluford, LLC, the adjacent landowner, conditioned upon its completion of the relocated Maine Street and acceptance thereof by the City within 3 years from the date of the Amendment No monetary payment will be made to the City by Colonial Bluford for this tract of land. The City Charter requires a public hearing and the showing of specific good cause for the conveyance of land at a price below its fair market value. The Ocoee City Commission will consider the proposed Amendment and the conveyance to Colonial Bluford, LLC at a public hearing to be held on August 2, 2011, at 7:15 p.m. or as soon thereafter as practicalat Ocoee City Hall, 150 N. Lakeshore -Drive, Ocoee. Interested parties may appear at the meeting and be heard with respect to the proposed actions. A copy of the proposed Amendment, along with a concept plan showing the location of the above referenced property, is available for public review at the Office of the City Clerk between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday. This Notice is given pursuant to Section C -8(B) of the City of Ocoee Char- ter. Any person who desires to appeal any decision made by Commission with respect to any matter considered at such meeting will need a record of the proceedings and for such purpose may need to ensure. that a verbatim re- cord of the proceeding is made, which record includes the testimony and evidence upon which the appeal is based. Persons with disabilities need- s ing assistance to participate in any of these proceedings should contact the Office of the City Clerk, 150 N. Lakeshore Drive, Ocoee, . FL 34761, (407) 905 -3100, 48 hours in advance of the meeting. Beth Eikenberry, City Clerk July 21, 2011 11 -2344W