Item #04 Approval of Second Amendment to City of Ocoee/Colburn Development Agreement ocoee
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AGENDA ITEM COVER SHEET
Meeting Date: February 21, 2017
Item #
Reviewed By:
Contact Name: Michael Rumer, Ci Department Director:
Planner
Contact Number: (407) 905-3100 x1018 City Manager:
Subject: Second Amendment to City of Ocoee/Colburn Development Agreement
Maine Street Extension
Commission District#3 — Richard Firstner
Background Summary:
On November 17, 1998, the City Commission approved and executed a Development Agreement titled City of
Ocoee/Colburn Development Agreement. The Owner and the City mutually desire to further amend the
Development Agreement as provided in this Second Amendment to recognize release of certain properties.
In anticipation of the eventual development of certain properties owned by Colburn and the City of Ocoee's
desire to relocate and extend Maine Street which crosses the property, the original agreement was created to
facilitate the following: i) provide temporary construction easements adjacent to the location of the proposed
relocated and extended Maine Street, ii) dedication of land to Ocoee for relocated Maine Street, iii) dedication
of land to Colburn from Ocoee for relocated Maine Street; iv) dedication of land to Ocoee for extended Maine
Street, and v) dedication of land to Ocoee for potential stormwater pond locations. The intent of this Second
Amendment is to release Colburn from future dedication of certain properties that the City of Ocoee deems not
necessary for the construction of extended Maine Street.
The City of Ocoee and Colburn have met property dedication requirement for the relocated Maine Street and
Extended Maine Street. It was during the design phase of the Extended Maine Street that City Staff notified
Colburn that the City does not require the additional pond sites described in the original Development
Agreement. In order to maximize the development potential of the remaining property, the City is relinquishing
its rights to these additional properties as identified in the Second Amendment to Development Agreement.
Issue:
Should the Honorable Mayor and City Commissioners approve a Second Amendment to City of Ocoee/Colburn
Development Agreement?
Recommendation:
Staff respectfully recommends that the Honorable Mayor and City Commissioners approve the Second
Amendment to the City of Ocoee/Colburn Development Agreement.
Attachments:
Second Amendment to City of Ocoee/Colburn Development Agreement
City of Ocoee/Colburn Development Agreement dated November 17, 1998
Addendum to City of Ocoee/Colburn Development Agreement dated December 7, 2010
First Amendment to City of Ocoee/Colburn Development Agreement dated August 16, 2011
Financial Impact:
N/A
Type of Item: (please mark with an "x")
Public Hearing For Clerk's Dept. Use:
Ordinance First Reading X 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 Dana Crosby-Collier N/A
Reviewed by Finance Dept. N/A
Reviewed by 0 N/A
OR Bk 5623 Pg 2339
Orange Co FL 1998-0492003
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Prepared by and Return to:
John Kingman Keating, Esq.
Keating& Schlitt, P.A.
250 E. Colonial Drive Suite 300
Orlando, FL 32801
SECOND AMENDMENT TO CITY OF
OCOEE/COLBURN DEVELOPMENT AGREEMENT
THIS SECOND AMENDMENT TO CITY OF OCOEE/COLBURN
DEVELOPMENT AGREEMENT (this "Second Amendment") is effective as of the
day of , 2017, by and between CCN INVESTMENTS, INC., a
Florida corporation (the "Owner") and the CITY OF OCOEE, FLORIDA, a municipal
corporation existing under the laws of the State of Florida (the "City") (together the
"Parties").
WITNESSETH:
WHEREAS, the Owner and the City are parties to that certain development agreement
titled City of Ocoee/Colburn Development Agreement dated as of November 17, 1998, and
recorded in Official Records Book 5623, Page 2313 (the "Original Development Agreement"),
as amended by: (i) that certain Addendum to City of Ocoee/Colburn Development Agreement
dated as of December 7, 2010 and recorded in Official Records Book 10176, Page 7236, and (ii)
by that certain First Amendment to City of Ocoee/Colburn Development Agreement dated as of
August 16, 2011 and recorded in Official Records Book 10258, Page 8199, all in the Official
Public Records of Orange County, Florida(collectively, the "Development Agreement");
WHEREAS, the City has previously notified the Owner, pursuant to Section 4 and
Section 11 of the Original Development Agreement, that the City desires to have the Owner
convey to the City the Extended Maine Street Land and that the City has elected to design,
engineer, permit, and construct the Extended Maine Street on the Extended Maine Street Land;
•
and
WHEREAS, pursuant to the Development Agreement, on January 31, 2017, the Parties
closed on the transaction whereby Owner conveyed and donated to the City the Extended Maine
Street land and executed a Temporary Construction Easement in favor of the City for completion
of this work; and
WHEREAS, the City has notified the Owner that it does not need Pond 1 Land, Pond 2
Land, Easement No. 1, Easement No. 2, Easement No. 3, and TDE No. 1, as described in the
Development Agreement; and
WHEREAS, the Owner and the City mutually desire to further amend the Development
Agreement as provided in this Second Amendment to recognize release of these properties.
NOW THEREFORE, the Owner and the City in consideration of the mutual promises
and obligations herein contained and other good and valuable consideration the receipt and
sufficiency of which is hereby mutually acknowledged, hereby agree as follows:
1. Recitals. The foregoing recitals are true and correct and are incorporated herein
by reference.
2. Pond 1 and Pond 2. The City hereby confirms and agrees that it will not construct
and utilize Pond 1 and Pond 2 as contemplated under the Original Development Agreement and
as a result will not need the Owner to donate and convey the Pond 1 Land and Pond 2 Land
located on the West Property. Therefore, the City hereby terminates, cancels and releases any
and all right, option and interest it has to the Pond 1 Land and Pond 2 Land and to require the
Owner to convey and donate the Pond 1 Land and Pond 2 Land. The City's right, option and
interest to require the donation and conveyance of the TDE No. 1 as contemplated under the
Original Development Agreement is also hereby terminated, cancelled and released.
3. Easement No. 1, Easement No. 2 and Easement No. 3. The City hereby confirms
that the 2011 New Maine Street concept Plan will not require Easement No. 1, Easement No. 2,
and Easement No. 3 as contemplated under the Original Development Agreement, as amended,
and as a result does not require the Owner to convey and donate the Easement No. 1 Land,
Easement No. 2 Land, and Easement No. 3 Land.
4. Counterparts. This Second Amendment may be executed in as many counterparts
as may be required, and it shall not be necessary that the signature of each party appear on each
counterpart. It shall be sufficient that the signature of each party appear on at least one
counterpart in order for this Second Amendment to bind all parties. All counterparts shall
collectively constitute and be deemed a single agreement and each counterpart shall be and be
taken to be an original.
5. Reaffirmation; Defined Terms. Except as expressly amended or modified by this
Second Amendment, all other terms and conditions of the Development Agreement remain in
full force and effect and each of the parties hereto hereby ratifies and affirms the terms and
conditions of the Development Agreement. To the extent of any inconsistency between this
Second Amendment and the Development Agreement, the terms and conditions of this Second
Amendment shall control and govern. All capitalized terms used in this Second Amendment and
not otherwise defined in this Second Amendment shall have their same respective meanings as
defined in the Development Agreement.
6. Notice. Section 13 of the First Amendment to Original Development Agreement,
relating to notice of Owner only, is amended as follows:
INSERT UPDATED NOTICE FOR MR. COLBURN HERE.
All other provisions of Section 13 of the First Amendment to Original Development Agreement
is unchanged by this amendment.
7. Binding on Successors and Assigns. The Original Development Agreement, as
amended by the Addendum thereto, the First Amendment, and this Second Amendment shall
inure to the benefit of and be binding upon each of the parties' successors and assigns.
[BALANCE OF PAGE INTENTIONALLY LEFT BLANK—
SIGNATURES AND NOTARY CERTIFICATIONS ON FOLLOWING PAGES]
•
IN WITNESS WHEREOF, the Owner and the City have executed this Second
Amendment to City of Ocoee/Colburn Development Agreement effective as of the day and year
first above written.
WITNESSES: CCN INVESTMENTS, INC., a Florida
corporation
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Printed Name: b 6+Ua (7
Witness
By: �/ i
Printed Name: j1 V%W E PXcK 049 J e 7. olburn
Witness its President
STATE OF FLORIDA
COUNTY OF ORANGE
I HEREBY CERTIFY, as an officer duly authorized to take acknowledgments and
oaths in the State and County aforesaid, that at the execution of this instrument on the date set
forth below, John D. Colburn personally appeared before me, as President of CCN Investments,
Inc., a Florida corporation, and executed or acknowledged his/her/their previous execution of
this instrument. I HEREBY FURTHER CERTIFY, that John D. Colburn, is/are the
person(s) either executing or acknowledging execution of the foregoing instrument because: =i I
personally know him/her/them OR ❑ I have satisfactory evidence of same based upon a ❑
Florida driver's license or ❑ Other identification:
. WITNESS my hand and official seal in
the State and County aforesaid this today of far njr v Pry ,2017.
/'7
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Notary Public Signature
(PLACE NOTARY NAME&SEAL IMMEDIATELY HEW Dana Jr Ba
v;li NOTARY PUBUC
4 STATE OF FLORIDA
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Expires 11128/2020
[BALANCE OF PAGE INTENTIONALLY LEFT BLANK-
THE CITY SIGNATURE ON FOLLOWING PAGE]
[CITY SIGNATURE PAGE TO CITY OF OCOEE/COLBURN DEVELOPMENT AGREEMENT]
WITNESSES: CITY OF OCOEE, FLORIDA, a
municipal corporation existing under the
laws of the State of Florida
Printed Name: _ Rusty Johnson, Mayor
Witness
Printed Name:
Witness ATTEST:
Melanie Sibbitt, City Clerk
(SEAL)
FOR USE AND RELIANCE ONLY BY APPROVED BY THE CITY OF OCOEE
THE CITY OF OCOEE, FLORIDA; COMMISSION IN A MEETING HELD
ON
APPROVED AS TO FORM AND , 2016 UNDER ITEM
LEGALITY this day of NO.
, 20_.
SHUFFIELD, LOWMAN& WILSON, P.A.
By:
City Attorney
STATE OF FLORIDA
COUNTY OF ORANGE
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the
State and County foresaid to take acknowledgements, personally appeared, RUSTY JOHNSON,
and Melanie Sibbitt, personally known to me to be the Mayor and City Clerk, respectively, of the
City of Ocoee, Florida, and that they severally acknowledged executing the same in the presence
of two subscribing witnesses, freely and voluntarily under authority duly vested in them by said
municipality.
WITNESS my hand and official seal in the State and County aforesaid this day of
, 2017.
Notary Public Signature
THIS INSTRUMENT PREPARED BY
AND SHOULD BE RETURNED TO:
Paul E. Rosenthal, Esq.
FOLEY &LARDNER
111 North Orange Avenue, Suite 1800
Post Office Box 2193
Orlando, FL 32802-2193 Orange Co FL 1998-0492003
112498 03:49:420i
(407)423-7656
ORBk5623Pg2 13
Rec 145.50
RETURN TO:
Jean Grafton, City Clerk
City of Ocoee
150 North Lakeshore Drive
Ocoee, FL 34761
For Recording Purposes Only
CITY OF OCOEE/COLBURN
DEVELOPMENT AGREEMENT
THIS DEVELOPMENT AGREEMENT (this "Agreement") is made and entered into
this 19 7 H day of N o v e!AB E R , 1998, by and between WILLIAM E. COLBURN
and JOHN D. 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
Florida (hereinafter "CITY"). COLBURN, CCN, and CAMBRIA shall be collectively
referred to as "OWNER."
RECITALS
1. The OWNER owns fee simple title to property consisting of three adjacent
parcels of real property located in the CITY's corporate limits. The first and second parcels
are 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
described in Exhibit "A" and Exhibit "C", respectively, attached to and incorporated into
this Agreement and hereinafter referred to as the "East Property". The third parcel is owned
by CCN and is more particularly described in Exhibit "B" attached to and incorporated into
this Agreement and hereinafter collectively referred to as the "West Property". The West
Property is located north of State Road 50 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 clear of all liens and encumbrances except for those
permitted encumbrances set forth in Exhibit "D" attached hereto and by this reference made a
part hereof(hereinafter the "Permitted Encumbrances").
3. The Property was annexed into the CITY pursuant to CITY Ordinance No. 799
on December 4, 1984. Furthermore, the zoning classification for the Property was established
OR Bk 5623 Rg 2314
Orange Co FL 1998-0492003
6. In anticipation of eventual development of the Property, the OWNER has taken
certain actions, including, but not limited to, the following:
(a) On June 12, 1984, the OWNER granted a one (1)-year temporary
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
agreed to provide sewer service capacity to the Property after the CITY acquired the sewer
utility system formerly owned by Prima Vista, subject to the terms, conditions and limitations
set forth in said agreement.
(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
eventual provision of water service to the Property.
(d) On July 31, 1989, the OWNER joined with other property owners and
entered into the West 50 Water Line, Inc. Construction Agreement with the CITY (the "West
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.
(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 continuing mutual benefit which they
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
Property (the "Relocated Maine Street") to a portion of the East Property located south of
Maine Street (hereinafter the "Relocated Maine Street Land"). The CITY also desires to have
Maine Street extended from Bluford Avenue to Maguire Road (the "Extended Maine Street")
by crossing through a portion of the West Property (hereinafter the "Extended Maine Street
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")
as one of the CITY's collector roads eligible for road impact fee credits.
11. Subject to the terms, conditions and limitations set forth herein, the OWNER
OR Rk S&23 Pg 2315
Orange Co FL 1998-0492003
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 located 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
the CITY, at the CITY's expense, intended to serve Maguire Road and improvements thereto,
Extended Maine Street, and that portion of the West Property located south of Extended Maine
Street (hereinafter referred to as the "Southern Portion of the West Property").
13. Subject to the terms, conditions and limitations set forth herein, the CITY
desires to obtain and the OWNER desires to convey to the CITY that portion of the West
Property required as an approximate 0.6 acre stormwater retention pond ("Pond 2") to serve as
an outfall for Pond 1 and to provide treatment and attenuation for stormwater runoff for
Extended Maine Street and for the portion of the West Property located north of Extended
Maine Street (hereinafter referred to as the "Pond 2 Land") and to receive from the CITY
Road Impact Fee credits for the portion of the Pond 2 Land required as a stormwater retention
pond for Extended Maine Street. The OWNER and CITY desire that Pond 2 be developed, as
set forth herein, as a joint use retention pond to be owned and maintained by the CITY, at the
CITY's expense, intended to serve Pond 1 as an outfall 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, conditions 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:
(a) a ten (10) foot wide easement ("Easement No. 1") over that portion of
the East Property located adjacent to and south of the Relocated Maine Street Land (the
"Easement No. 1 Land");
(b) a ten (10) foot wide easement ("Easement No. 2") over that portion of
the West Property located adjacent to and north of the Extended Maine Street Land (the
"Easement No. 2 Land"); and
(c) a ten (10) foot easement ("Easement No. 3") over that portion of the
West Property located adjacent to and south of the Extended Maine Street Land (the "Easement
No. 3 Land").
The Easement No. 1 Land, the Easement No. 2 Land and the Easement No. 3 Land are herein
collectively referred to and the "Easement Land". The Easement Land is intended to be clear
of all trees, walls, parking and other improvements so that there will be no sight restrictions
affecting New Maine Street; provided, however, that sidewalks may be located within the
Easement Land.
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
easements for design, engineering and construction purposes:
(a) a fifteen (15) foot wide easement ("TCE No. 1") over that portion of the
Z.'nnr ,.r wr_ 1 T ssrn ter_ ,
OR Rk 5623 Pq 2316
Orange Co FL 1998-0492003
(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
Land"). .
The TCE No. 1 Land, the TCE No. 2 Land, the TCE No. 3 Land and the TCE No. 4 Land are
herein collectively referred to as the "TCE Land".
16. Subject to the terms, conditions and limitations set forth herein, the CITY
desires to obtain and the OWNER desires to grant to the CITY a temporary drainage easement
("TDE No. 1") across the West Property, at a location to be mutually agreed upon by the
parties, in order to install and maintain a drainage pipe to connecting Pond 1 and Pond 2 and to
allow stormwater from Pond 1 and Extended Maine Street to drain to Pond 2. The foregoing
easement will be made permanent in connection with the platting of the West Property and will
be terminated upon platting of the West Property.
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 future
development of the East Property.
18. Subject to the terms, conditions and limitations set forth herein, the OWNER
desires to dedicate and convey to the CITY, and the CITY desires to facilitate the dedication
and conveyance of the portion of the East Property which will lie north of the Relocated Maine
Street Land (and include the existing Maine Street brick road), said land being referred to
herein as the "Park Land".
19. The approximate location of the Relocated Maine Street Land, the Park Land,
the Easement No. 1 Land, and the TCE No. 1 Land are depicted on the Sketch attached hereto
as Exhibit "E" and by this reference made a part hereof(the "East Land Sketch").
20. The approximate location of the Extended Maine Street Land, the Maguire Road
Land, the Pond 1 Land, the Pond 2 Land, the Easement No. 2 Land, the Easement No. 3
Land, the TCE No. 2 Land, the TCE No. 3 Land and the TCE No. 4 Land are depicted on the
Sketch attached hereto as Exhibit "F" and by this reference made a part hereof (the "West
Land Sketch").
21. The East Land Sketch and the West Land Sketch are herein collectively referred
to as the "Land Sketch".
22. The CITY and the OWNER hereby acknowledge and warrant to the other that
this Agreement and any future acts as required hereby are binding and enforceable on the
CITY and the OWNER, respectively, in accordance with their terms.
23. The parties now desire to set forth their understandings regarding this agreement
in writing.
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, the OWNER and the CITY hereby
covenant and agree as follows:
ORBk5623Pg2317
Orange Co FL 1999-0492003
SECTION 3. AGREEMENT CONTINGENCIES. The obligations of the CITY and
OWNER under this Agreement are conditioned entirely upon the occurrence of all of the
following:
(a) The vacating 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").
(b) The issuance by the CITY of a Certificate of Vested Rights for the East
Property pursuant to the Vested Rights Application (the "Certificate of Vested Rights")
and the acceptance of the Certificate of Vested Rights by the OWNER (the "Vested
Rights Contingency").
In the event the Richmond Avenue Contingency and the Vested Rights Contingency
(collectively, the "Agreement Contingencies") are not satisfied by February 17, 1999, then in
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
the Agreement Contingencies, the CITY and OWNER shall execute a certification of such
satisfaction, in recordable form.
SECTION 4. LAND CONVEYANCES BY OWNER TO CITY. CITY and
OWNER agree to the following terms 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
"Donated Lands"):
4.1 Donated Lands. The OWNER will convey to CITY marketable, fee
simple title to the Donated Lands, within thirty (30) days of receipt from the CITY of a written
request to do so, provided, however, that (i) the CITY shall not make such request prior to the
satisfaction of the Agreement Contingencies, and (ii) 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 approval 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
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
an earlier date as provided in Section 6 hereof.
4.2 Additional Dedications. 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 turn 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.
4.3 Conveyance. The conveyance of the Donated Lands 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 OWNER not to be
f1R Bk 56P3 Pg_2318
Orange Co FL 1998-0492003
unreasonable manner or in a manner inconsistent with the rights, duties and obligations set
forth in this Agreement.
4.4 Expenses: Prorations. The CITY shall pay the following costs
associated with the conveyance of the Donated Lands: all recording fees and documentary
stamp taxes, if any, relating to such conveyances. Ad valorem taxes 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 196.295, Florida Statutes, unless the conveyance occurs between November 1 and
December 31, in which case ad valorem taxes shall be paid in full by OWNER for the year of
conveyance. The applicable ad valorem taxes shall be paid by OWNER contemporaneous with
the delivery of the deed.
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
CITY, at OWNER's sole cost and expense, a current title opinion or current title commitment
(to be followed with a title policy) evidencing that fee simple title to the Donated Lands is
vested in the OWNER and evidencing that the Donated Lands are free and clear of all liens and
encumbrances, except for Permitted Encumbrances. OWNER represents to the CITY that
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 stormwater drainage purposes, or prevent the use
of the Pond 1 Land and the Pond 2 Land for stormwater drainage purposes.
4.6 Road Impact Fee Credits. The OWNER shall receive road impact fee
credits for the benefit of the Property with respect to the conveyance of the Relocated Maine
Street Land, the Extended Maine Street Land, 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.
The OWNER shall not receive any road impact fee credits or other compensation in connection
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
Road Land and the Pond 1 Land.
SECTION 5. GRANT OF EASEMENTS.
5.1 Easements. The OWNER shall grant to the CITY the following
easements in accordance with the schedules set forth below:
(a) Easement No. 1 and TCE No. 1 contemporaneous with the
conveyance of the Relocated Maine Street Land.
(b) Easement No. 2, Easement No. 3, TCE No. 2, and TCE No. 3
contemporaneous with the conveyance of the Extended Maine Street Land.
(c) TCE No. 4 contemporaneous with the conveyance of the Maguire
Road Land.
(d) TDE No. 1 contemporaneous with the conveyance of the Pond 1
Land and/or the Pond 2 Land.
OR Bk 56P3 Pn P.,"3 -1 9
Orange Co FL 1998-0492003
5.3 Joinder and Consents; Recording. The Easements shall be accompanied
by the joinder and consent of all parties with an interest in the Easement Land and the TCE
Land, including but not limited to any mortgagees of such property. The Easements 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 Exhibit "H" and by this reference made a part
hereof. The Easements across the Easement Land and the form of TDE No. 1 shall be
prepared by the CITY and shall be in a form and content typically required by the CITY for
similar easements and shall include such terms and conditions as may reasonably be required
by the CITY in order to construct, operate and maintain the improvements to be located
thereon; provided, however, that the form of such Easements shall be subject to the approval
of the OWNER, such approval not to be unreasonably withheld.
5.5 Temporary Construction Easements. Notwithstanding any provision
contained 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 DESCRIPTION.
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
intended 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.
6.2 Owner's Preparation of Legal Descriptions. If the OWNER designs
Relocated Maine Street or Extended Maine Street, then such design shall include the Legal
Descriptions for the Relocated Maine Street Land, the Extended Maine Street Land, the
Easement No. 1 Land, the Easement No. 2 Land, the Easement No. 3 Land and the Pond 2
Land. The foregoing Legal Descriptions will then be approved by the CITY as part of the
Approved Plans as described in Section 8.3 hereof.
6.3 Owner's Option to Prepare Legal Descriptions. Without regard to
whether or not the OWNER designs any portion of New Maine Street, the OWNER may elect,
at OWNER'S expense, to prepare one or more of the Legal Descriptions in which case the
OWNER shall provide the CITY with a Sketch of Description and Legal Description thereof
certified to the CITY and OWNER, which will be subject to the approval of the CITY, such
approval not to be unreasonably withheld.
6.4 Accelerated Conveyance of Donated Lands and Easements. With respect
to any lands for which a Legal Description has been prepared by OWNER and approved by the
CITY, the OWNER may request in writing that the CITY accept conveyance thereof (along
with the applicable Easements to be conveyed therewith). In the event of such request, the
applicable land and easements shall be conveyed to and accepted by the CITY within thirty
OR Bk 5623 P 2320
Orange Co FL 1899-0492003
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
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 terms, 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 CITY's C-2 zoning district, as it may from time to time be amended. The
foregoing provisions are a material inducement to the OWNER's conveyance of the Park Land
to the CITY and the parties hereto acknowledge that the OWNER would not have entered into
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
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 is vested as provided in this Section.
SECTION 8. NEW MAINE STREET.
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 expense, to design,
engineer, permit and construct New Maine Street on the Relocated Maine Street Land and the
Extended Maine Street Land. All references herein to New Maine Street shall include all
roadway improvements and other improvements appurtenant thereto, including retention
ponds, as set forth in the Approved Plans (as hereinafter defined).
8.2 Design. New Maine Street will be designed and constructed as an urban
section road with turn lanes at all intersections, including but not limited to the intersections of
Maguire Road and Bluford Avenue, and a bike lane in each direction. New Maine Street will
be designated as a "collector road" 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
access from Relocated Maine Street into the East Property. If the East Property is combined
with other lands 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
from Relocated Maine Street into the East Property will not be required. The OWNER
acknowledges that in the event the CITY designs and/or constructs Relocated Maine Street as
provided in Section 9 hereof, then the design and/or construction thereof will not include a
right turn lane from Relocated Maine Street to the East Property unless such improvement is
paid by OWNER.
8.3 Approved Plans. 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 "Approved Plans"). The Approved Plans shall locate and
include legal descriptions as provided in Section 6.2 hereof. New Maine Street shall be
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
Section 8.2 above, then the CITY shall be required to approve the same unless good cause is
shown by the CITY as to why approval should not be granted. To the extent the City elects to
design, engineer, permit and construct New Maine Street, or a portion thereof, all references
hsaroirt 1. t1i "A«v...". A Dln«n" nL...11 ...F... a.. .1... .1...._ .�_ __ .1__ /'!.__ O_._ d_ _ _ ••
OR Bk 5623 Pgg�2321
Orange Co FL 1999-0492003
thereof. In the event the CITY elects to require that the OWNER seek competitive bids as
aforesaid, then the OWNER, at its option, may decide not to seek competitive bids in 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
determines to be the costs customarily charged 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
Maine Street being constructed at the time of development of the West Property. Except as set
forth in Section 8.6 below, (i) 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 no certificates of occupancy shall be issued for any development on the East Property until
such time as the construction of Relocated Maine Street has been completed and accepted by
the CITY; and (ii) no building 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 commenced in
accordance with the Approved Plans and pursuant to the Approved Contracts and no
certificates of occupancy shall be issued for any development on the West Property until such
time as the construction of Extended Maine Street has been completed and accepted by the
CITY.
8.6 Building Permits - City Constructs New Maine Street. If the City elects
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
applicable laws and ordinances), but no certificates of occupancy shall be issued for any
development on the East Property until such time as the construction of Relocated Maine Street
has been completed and Relocated Maine Street has been opened to the public. If the City
elects to construct Extended Maine Street as provided in Section 11 hereof, then in such event
building permits will be issued with respect to the West Property (subject to compliance with
applicable laws and ordinances), but no certificates of occupancy shall be issued for any
development on the West Property until such time as the construction of Extended Maine Street
has been completed and Extended Maine Street has been opened to the public.
8.7 City Requirements. Upon completion of New Maine Street, or a portion
thereof, and prior to acceptance by the CITY, the following shall occur:
(a) The OWNER shall deliver to the CITY "as built" drawings of
New Maine Street.
(b) The OWNER shall deliver to the CITY a bond guaranteeing the
maintenance and the materials, workmanship 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.
(c) The OWNER shall execute and deliver to the CITY such other
documents, including Bills of Sale, as are typically required by the CITY in connection
with the dedication and acceptance of a public roadway.
.• . . ..-... _
OR Bk 56 23 Pgg��23 2
Orange Co FL ig9E0Q3
SECTION 9. ROAD IMPACT FEES CREDITS.
9.1 Designation for Road Impact Fee Credit. The City hereby designates
New Maine Street as one of the City's collector roads eligible 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
performance of its obligations set forth in this Agreement, the OWNER shall, subject to the
provisions of this Section and Sections 8 and 11 hereof, be entitled to a credit against Road
Impact Fees payable to the CITY in an amount equal to the sum of the following:
(a) Subject to the provisions of Section 8 hereof, the actual cost
incurred by OWNER for the design, engineering, permitting and construction of New
Maine Street undertaken pursuant to the Approved Contracts. The OWNER shall not
be entitled to a Road Impact Fee credit in connection with any expenses incurred by the
City in connection with the foregoing.
(b) The fair market value of(i) the Relocated Maine Street Land, (ii)
the Extended Maine Street Land, and (iii) the Pond 2 Land to the extent such land is
required for stormwater drainage purposes associated with Extended Maine Street.
OWNER shall not be eligible for any Road Impact Fee credits associated with any
oversizing of Pond 2 and the Pond 2 Land to serve the West Property. For the
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 Chapter 87 of the Ocoee City Code with the valuation
date being the date of conveyance of said lands.
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.
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 CITY's Development Review Committee ("DRC") satisfactory
documentation to support any Road Impact Fee credit pursuant to this Section and the actual
amount of the Road Impact Fee credit shall thereafter be determined by the DRC based upon a
review of such satisfactory documentation in the manner provided by the Road Impact Fee
Ordinance; provided, however, that the DRC review of the Road Impact Fee credits pursuant
to this Section shall be limited to (i) verification of the actual cost of such improvements paid
by the OWNER for which impact 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 exceed the amounts set forth in the Approved
Contracts, unless such change orders or cost overruns have been previously approved or are
subsequently approved by the CITY.
9.4 Credit/Reimbursement Limit. To the extent the aggregate of all Road
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OR Rk Pq 2323
Orange Co FL 1996-0492003
pursuant to the Road Impact Fee Ordinance in connection with the development of the
Property, or any portion thereof, then the CITY shall reimburse the OWNER or its assigns the
amount of Road Impact Fees which were previously paid by OWNER (or its assigns), and such
amount shall be deducted from the credits which have been granted to OWNER. If Road
Impact Fee credits 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 assigns shall be deducted from the credits. and such fee shall then be deemed
paid in full by OWNER to the extent of such credits.
9.6 Assignment of Credits. OWNER may assign to any party its rights to all
or any portion of the Road Impact Fee credits granted to OWNER pursuant to this Agreement.
Credits which have been assigned can be reassigned to other entities. However, if an assignee
uses the assigned Road Impact Fee credits, such assignee 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
Property. Any such assignment of Road Impact Fee credits shall not become effective until
delivery of written notice thereof from OWNER to the CITY and receipt by the Assignee of
written confirmation that the CITY records have been amended to reflect such assignment.
9.7 Exceptions. 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 lane into the East Property since any such turn lane is solely related to the
development of the East Property.
SECTION 10. DRAINAGE. CITY and OWNER agree to the following terms
with respect to the provision of stormwater drainage associated with development of the
Property and the construction of New Maine Street:
10.1 Relocated Maine Street Drainage. The CITY will be responsible to
obtain any off-site land needed for stormwater drainage facilities to receive stormwater
drainage from Relocated Maine Street. In connection with the construction of Relocated Maine
Street by OWNER, its successors or assigns, OWNER may give written notice to CITY
requesting off-site land necessary to construct stormwater drainage facilities to receive
stormwater drainage from Relocated Maine Street. Within two hundred seventy (270) days of
OWNER's notice to the CITY, CITY agrees to provide such land as is necessary to construct
stormwater drainage facilities to accommodate drainage resulting from the construction of
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
pond serving Relocated Maine Street.
10.2 East Property Drainage. To the extent feasible, as determined solely by
the CITY, any excess storm drainage capacity will first 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
and expense of the OWNER, including but not limited to the cost of construction of any
expanded storm drainage facilities serving the East Property. In the event OWNER utilizes
any such excess storm drainage capacity then the ()WW1? and CITY cha11 first PntPr ilit"
OR Bk 56 23 P 232
Orange Co FL 1999-0492003
constructed by OWNER, it is agreed that the OWNER 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 11. CITY'S OPTION TO CONSTRUCT NEW MAINE STREET.
11.1 City's Option. Within one hundred eighty (180) days from the date of
execution of this Agreement, the CITY may, at its sole option, elect to proceed with the
design, engineering, permitting and/or construction of Relocated Maine Street or Extended
Maine Street or for both Relocated Maine Street and Extended Maine Street, at the sole cost
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 or Extended
Maine Street, or for both Relocated Maine Street and Extended Maine Street, as the case may
be. To the extent that after the 90th day from the Effective Date of this Agreement the
OWNER incurs expenses for the design, engineering and/or permitting of Relocated Maine
Street and/or Extended Maine Street, the OWNER shall be entitled to receive Road Impact Fee
credits for such expenditures as provided in Section 9 hereof; provided, however, that a
condition to the receipt of any such Road Impact Fee credits shall be the assignment by
OWNER to the CITY of all work product associated with such design, engineering and
permitting, all fully paid for by OWNER, along with the unconditional right to utilize such
work product in connection with the design, engineering, permitting and/or construction by the
CITY. The OWNER acknowledges 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
proceed with such efforts, at the CITY's expense, then OWNER shall not be entitled to receive
Road Impact Fee credits for costs incurred subsequent to the date of notification from the
CITY unless OWNER demonstrates to the reasonable satisfaction of the CITY that the
expenses relate to obligations made in good faith by OWNER prior to the date of notification
from the CITY. Notwithstanding anything to the contrary set forth in this Subsection 11.1, the
OWNER shall be entitled to Road Impact Fee credits based upon the fair market value for the
lands as provided in Section 9 hereof.
11.2 Design. Nothing contained herein will preclude the CITY from
designing and/or constructing the New Maine Street, or a portion thereof, as a 5-lane urban
section roadway (with or without bike lanes) should the CITY, at its sole option, elect to do so.
SECTION 12. MAGUIRE ROAD. Upon acceptance of the conveyance of the
Maguire Road Land and the Pond 1 Land, the CITY shall become obligated to design,
engineer, permit and construct, 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
Extended Maine Street, Maguire Road and improvements thereto and the Southern Portion of
the West 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,
then the OWNER may, at its option, elect to design, engineer, permit and construct Pond 1 to
the extent needed to serve the Southern Portion of the West Property, subject to the following
terms, conditions and limitations:
OR Bk 5F?3 Pg�P3?5
Orange Co FL 1998-O�,2003
(c) In consideration 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 Section 9 hereof, for the cost incurred by OWNER in
connection with the design, engineering, 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. POND 1 FILL MATERIAL. Subject to the construction of
Pond 1, the OWNER shall be entitled to all fill material ("Fill Material") from the Pond 1
Land. The Fill Material shall be stored on the Southern Portion of the West Property at a
location to be designated by OWNER. The CITY and OWNER therein, shall comply with all
applicable laws, ordinances and regulations related to the use and storage of the Fill Material.
SECTION 14. RICHMOND AVENUE VACATION. CITY and OWNER
agree to the following terms with respect to the vacation of the below-described section of
Richmond Avenue:
14.1 Vacation of Richmond Avenue. OWNER agrees, within ten (10) days
from the Effective Date, to apply to the CITY, and CITY agrees to accept OWNER's
application, seeking the vacation of that certain portion of Richmond Avenue which runs south
of the Relocated Maine Street Land, as more particularly described on Exhibit "F" attached to
and incorporated into this Agreement (hereinafter referred to as the "Richmond Avenue
Vacated Parcel"). Any portion of the Richmond Avenue right-of-way which is located within
existing or Relocated Maine Street will not be vacated and is not part of the Richmond Avenue
Vacated Parcel.
14.2 Reservation of Utility Easements. OWNER's application for the
vacation of the Richmond Avenue Vacated Parcel shall be subject to a reservation by CITY of
all utility easements associated with the Richmond Avenue right-of-way.
14.3 Consideration of Vacation Application. The CITY shall consider in
good faith the application of OWNER to vacate the Richmond Avenue Vacated Parcel and shall
take final action on such application within ninety (90) days from the Effective Date or within
ninety (90) days from receipt of such application, whichever is later. Nothing contained herein
shall be construed to obligate the CITY to vacate the Richmond Avenue Vacated Parcel, but
the CITY acknowledges that based upon the terms and conditions of this Agreement, the
vacation of said parcel would appear to be in the public interest.
14.4 Removal of Improvements. CITY agrees that, following the vacation of
the Richmond Avenue Vacated Parcel, all improvements located within the Richmond Avenue
Vacated Parcel may be removed by OWNER, except for utility lines and all related utility and
sewer facility improvements therein, which may be relocated by OWNER within its
development at its expense subject to CITY review and approval, which shall not be
unreasonably withheld. Notwithstanding the foregoing, no bricks or curbing may be removed
by OWNER prior to the vacation of Richmond Avenue. OWNER acknowledges and agrees
that the CITY may remove any bricks and curbing within Richmond Avenue at anytime prior
to the vacation thereof.
OR Bk 5623 Pg 2326
Orange Co FL 1996-0492003
Section is intended to in any way change or modify such ordinances, as they may from time to
time be amended.
SECTION 17. ACCESS POINTS. The East Property and the West Property
will each have a full access point (i.e., right and left turns permitted both into and out of the
access point) at the intersection of Bluford Avenue and New 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
Bluford Avenue in which case the CITY will support a full access point at that location. If the
OWNER is unable to obtain a full access point which aligns with an access point for land
located on the west side of Bluford Avenue, then the CITY will not oppose the Second Access
Point being a full access so long as it is at least 700 feet south of the intersection of Bluford
Avenue and New Maine Street; otherwise, the CITY may, in its discretion, oppose the Second
Access Point being a full access.
SECTION 18. PROHIBITION ON SPECIAL ASSESSMENTS. In
consideration of the covenants set forth,herein and the conveyance of the Donated Lands, the
CITY hereby covenants and agrees that it will not impose special assessments on the Property
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
capacity for the development of the Property, or any portion thereof, from any entity listed in
Exhibit "A" to that certain Water and Sewer Revenue and Maintenance Fee Agreement, dated
May 10, 1995, and recorded in Official Records Book 4958, Pages 3817-3851, Public Records
of Orange County, Florida. The CITY hereby consents to any such purchase subject to
compliance with all applicable regulations and procedures of the CITY governing any such
purchase and the use of capacity acquired pursuant thereto. OWNER shall be responsible for
all costs and expenses related to the purchase of any such water and/or wastewater capacity.
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
Development Code.
SECTION 21. AUTHORITY: LIENS AND MORTGAGES. The OWNER
warrants and represents to the CITY that it has full and complete power and authority to
execute this Agreement and that there are no liens or mortgages against the Property except for
the Permitted Encumbrances.
SECTION 22. NOTICE. Any notice delivered with respect to this Agreement
shall be in writing and be deemed to be delivered (whether or not actually received) when (1)
hand delivered to the person hereinafter designated, or (2) upon receipt of such notice when
deposited in the United States Mail, postage prepaid, certified mail, return receipt requested,
addressed to the person at the address set forth onnosite the nartv's name below nr cnch other
[1R Rk ! 6e3 Pg- 9P.7
Oranne Co FL 198-0492003
TO CITY: City of Ocoee
City Hall
150 North Lakeshore Drive
Ocoee, Florida 34761
Attention: City Manager
with a copy to: Director of Planning
City of Ocoee
150 North Lakeshore Drive
Ocoee, Florida 34761
SECTION 23. COVENANT RUNNING WITH THE LAND. This Agreement
shall be binding, and shall inure to the benefit of the heirs, legal representatives, successors
and assigns of the parties, and shall run with the land and be binding upon the heirs, legal
representatives, successors 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 portion thereof.
SECTION 24. RECORDATION OF AGREEMENT. The parties hereto agree
that an executed original of this Agreement shall be recorded, at the CITY's expense, in the
Public Records of Orange County, Florida. The CITY will, from time to time upon request of
the OWNER, execute and deliver letters affirming the status of this Agreement.
SECTION 25. COMPLIANCE WITH LAWS. Except as otherwise expressly
provided in this Agreement or the Certificate of Vested Rights (i) the OWNER shall comply
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
to prescribe other conditions on the development of the Property in accordance with applicable
CITY ordinances and land regulations in effect at the time of development.
SECTION 26. APPLICABLE LAW. This Agreement and the provisions
contained herein shall be construed, controlled, and interpreted according to the laws of the
State of Florida.
SECTION 27. TIME OF THE ESSENCE Time is hereby declared of the
essence to the lawful performance of the duties and obligations contained in this Agreement.
SECTION 28. AGREEMENT; AMENDMENT. 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
formal amendment executed by both parties.
SECTION 29. SEVERABILITY. If any sentence, phrase, paragraph, provision
or portion of this Agreement is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, such portion shall be deemed a separate, distinct and independent
OR Bk 5623 Pg_23�28
Orange Co FL 1998-O4 2003
SECTION 31. SPECIFIC PERFORMANCE. Both the CITY and the OWNER
shall have the right to enforce the terms and conditions of this Agreement by an action for
specific performance.
SECTION 32. ARMS LENGTH TRANSACTION. This Agreement shall not
be construed more strictly against one party than against the other m erely by virtue of the fact
that it may have been prepared by counsel for one of the parties, it being recognized that all
parties have contributed substantially and materially to the preparation hereof.
SECTION 33. ACKNOWLEDGMENT, RATIFICATION, AND CONSENT.
A portion of the Property which is the subject of this Agreement was owned by William
Colburn and Leiser Colburn. John D. Colburn has now acquired through deed issued in
probate that interest previously held by Leiser Colburn. The CITY hereby acknowledges this
transfer and ratifies and consents to the assignment of Leiser Colburn's rights, duties, and
obligations under those agreements listed in Recital No. 6 hereof to John D. Colburn.
SECTION 34. COUNTERPARTS. This Agreement and any amendments
hereto may be executed in any number of counterparts, each of which shall be deemed an
original instrument, but all such counterparts together shall constitute one and the same
instrument.
SECTION 35. EFFECTIVE DATE. This Agreement shall first be executed by
the OWNER and submitted to the CITY for approval by the Ocoee CITY Commission. Upon
approval by the Ocoee CITY Commission, this Agreement shall be executed by the CITY.
The Effective Date of this Agreement shall be the date of execution by the CITY.
IN WITNESS WHEREOF, the OWNER and the CITY have caused this instrument to
be executed as of the day and year first above written.
CITY:
Signed, sealed and delivered CITY OF OCOEE, a Florida municipal
in the presence of: Corporation
d/2-1441 A-4114W
By: t t
Print Name Fle,97 ) GOSNELC. S. SCOTT VANDERGRI. ,
>46i,i_eidecritLee or
Print Name PAIR IC I A i;• SM I T"H Attest: ' • J
p GRAFTON,
City Clerk r:`
(SEAL)" :' J, `
,r.
FOR TNNF, AND RFT,TANCF. (INT,V RV APPR(IVF.TI RV TTTF nrntin rirvV'
OR Bk 56 23 Pa 2329
Orange Co FL 1598-0492003
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 acknowledgements, personally appeared S. SCOTT
VANDERGRIFT and JEAN GRAFTON, 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 ALB
day of NevemaER , 19gf .
. AA.giAt)
Signature of Notary
do g%Marian B Green p
* #MY Commission CC773231 MAR/AN. D_ G E E E N
,o/Expires November 4,2002 Name of Notary (Typed, Printed or Stamped)
Commission Number (if not legible on seal):
My Commission Expires (if not legible on seal):_
OR Bk 5623 P 2330
Signed, sealed and delivered OWNER: Orange Co FL 199-0492003
in the presence of:
Print Name: kw.y-11 e.j M• i4.)e4.9ila i WILLIAM E. COLBURN
fey
Print Name: "14TQ t c.t At - Sah•t i4
Print Name.A!u /s#& M lcaCsiir(r JO D. COLBURN
Print Name: M l Ct P E S trr}4
CCN INVESTMENTS, INC. ,
a Florida corporation, formerly known as
CYPRESS CREEK NURSERY, INC.,
a Florida corporation
14 -,, -h tiieel ner By: it W
Print Name: )64.40,4-4) M t'tJeA 4Aer ly
Wfr-z. (.40„ Scrs-44-_ Name: _Lim Q Co/bvon
S. IT,1e1'",,,,Y
Print Name: t Title: Preoide✓41 T T ,• �V ......... •
Cbr
(CORPORATE SEAL) ` - _
•
‘10 .8......•,,lid```.
T s .r,-�/tf/t1111 1 1i1'l‘'`
CAMBRIA, a Florida general partnership
%4$tlzdr,..7 -?,,, w€.444 4y-ki By: W -- ► L_ L
Print Name:/C•i lee& Nt G.>ta'a e
Name: Witt% E. Co 16�.�.J
Print Name: 'A-TQ IC.I,A E . %'rl-}- Title: GA Q.,_.1 Po-4.4-k.)R.k.
Print Name:
[)R Rk 5&P3 P 2 331
STATE OF FLORIDA Orange Co FL 198--04Q003
COUNTY OF OR w N 6 E
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
F D L C.416-q A S-33-D 8 3-D 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 11 T
day of j`(ovEMBER , 1998.
kaja...La.At..) . "e4A.LILAA..)
Signature of Notary
Marian 8 Green
* *My Commission CC7 ^
\,,/Expires November q a RlA t( . G R E E N
Name of Notary (Typed, Printed or Stamped)
Commission Number (if not legible on seal):C.C.'Vi 3131
My Commission Expires (if not legible on seal): I-4•1oq.
STATE OF FLORIDA
COUNTY OF ()RNKGE
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 [I-j who produced
FD i. c 4 lift-a.1.4-61•31,11 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 1"1 Yi
day of Nov Etniga , 1998.
áAJ
Signature of Notary
itMerles,B Gwen
My Commission CC773231 A4.%A N ❑ . GL E g i'
a,�„ Expires November 4,2002 Name of Notary (Typed, Printed or Stamped)
Commission Number (if not legible on seal):
My Commission Expires (if not legible on seal):
OR Bk 56 23 Pg 2332
STATE OF FLORIDA Orange Co FL 1998-0492003
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
SOH1A D. COLgua.to , as PRESZ _ NT , of CCN INVESTMENTS, INC., a
Florida corporation, formerly known as CYPRESS CREEK NURSERY, INC., [ ] who is
personally known to me, or [,4 who produced F D t_ C 411.-41,14•G 2.-3 41-0 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 11 r
day of No'l EN,REit , 1998.
Signature of Notary
ftMadan B Green
Mr Commission CC77s2st 1N1 A e z AN CR E E t l N"oprea
November 4,2002 Name of Notary (Typed, Printed or Stamped)
Commission Number (if not legible on seal):
My Commission Expires (if not legible on seal):
•
STATE OF FLORIDA
COUNTY OF O MI N G
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the
State and County aforesaid to take acknowledgments, personally appeared
w Y L Lx AA E. COLE u R N , as General Partner, of CAMBRIA, a Florida general
partnership, [ ] who is personally known to me, or [v]' who produced
F D L C'.1 L-4 2 5.33.0 g*-0 as identification, and acknowledged executing the same
in the presence of two subscribing witnesses freely and voluntarily on behalf of said
partnership.
WITNESS my hand and official seal in the County and State last aforesaid this 11 r i
day of 4 n v E t e.i. , 1998. bb
s1_�?
Signature of Notary
Madan B Groan _RYAN B. 6 R E E N
* *Mr Commission cc773231 Mune of Notary (Typed, Printed or Stamped)
\...."Expires November 4,2002 Commission Number (if not legible on seal):
My Commission Expires (if not legible on seal):
EXHIBIT"A" OROrrange Co FL 1998-0492003
COLBURN PARCEL
Beginning at a point 10 chains East of a point 20.99 chains North of the Southwest corner of
Section 20,Township 22 South,Range 28 East and run East 10 chains; South 10.43 chains; West
10 chains,North 10.68 chains 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;
AND
Commencing at a point 10 chains East of the Southwest corner of Section 20,Township 22
South,Range 28 East,run East along the Section 10.20 chains;North 10 chains; West 10.20
chains; South 10 chains to the point of beginning; LESS that part West of the Railroad; LESS the
Railroad right of way and LESS the right of way for State Road;
More particularly described as follows:
From the Southwest corner of the Southwest 1/4 of Section 20,Township 22 South,Range 28
East, Orange County,Florida,run N.00°14'15"E. along the West line of said Section 20 a
distance of 1383.54 feet to the Northwest corner of the Southwest 1/4 of the Southwest 1/4 of
said Section 20;thence S.88°5 8'01"E. along the North line of said Southwest 1/4 of the
Southwest 1/4 a distance of 664.92 feet to the Northwest corner of the Northeast 1/4 of the
Southwest 1/4 of the Southwest 1/4 of said Section 20;thence S.00°13'06"W. along the West
line of said Northeast 1/4 of the Southwest 1/4 of the Southwest 1/4 a distance of 4.75 feet to the
point of beginning on a curve on the South right of way line of Maine Street,said curve being
concave Northerly and having a radius of 540.78 feet; thence from a tangent bearing of
S.75°19'57"E.run Easterly along the arc of said curve and said South right of way line 126.98
feet through a central angle of 13°27'14"to the point of tangency;thence S.88°47'11"E. along
said South right of way line 424.35 feet to the point of curvature of a curve concave
Southwesterly and having a radius of 87.36 feet;thence run Southeasterly along the arc of said
curve 135.45 feet through a central angle of 88°50'18"to the point of tangency on the West right
of way line of Richmond Avenue;thence S.00°03'07" W. along said West right of way line
1186.95 feet to the intersection of said West right of way line with the Easterly right of way line
of Clarcona Ocoee Road;thence N.39°19'09"W. along said Easterly right of way line 712.74
feet to the point of curvature of a curve concave Northeasterly and having a radius of 5735.72
feet;thence run Northwesterly along the arc of said curve and said Easterly right of way line
300.93 feet through a central angle of 03°00'22"to said West line of the Northeast 1/4 of the
Southwest 1/4 of the Southwest 1/4;thence N.00°13'06"E. along said West line 511.76 feet to
the point of beginning, containing therein 12.9783 acres more or less.
EXHIBIT`B"
CCN PROPERTY OR Bk 5623 Po 2334
Orange Co FL 1,98-0492003
PARCEL 1
A tract of land lying 30.00 feet either side of the 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:
Commence at the Southwest corner of the Southwest 1/4 of Section 20, Township 22 South,
Range 28 East,thence run N.00°12'54"W. 1646.47 feet along the West section line for a point of
beginning;thence S.35°51'24"E. 705.94 feet to the point of termination. Subject to right-of-way
for State Road No. 439. (O.R. Book 3669, Page 1602)
AND
PARCEL 2
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 right-of-way.
AND
All that part of the South 1/2 of the Northwest 1/4 of the Southwest 1/4 of said Section 20, lying
East of Railroad right-of-way and West of Clarcona Ocoee Road(O.R. Book 3517, Page 1381).
AND
PARCEL 3
All that part of Northwest 1/4 of the Southwest 1/4 of the Southwest 1/4 of Section 20,Township
22 South, Range 28 East, Orange County, Florida, lying West of the Florida Midland Railway,
and more particularly described: Beginning at a point in the section line on the West side of said
Section 20, at a point 10 chains North of the Southwest corner of said Section,run East 9 chains
more or less to right-of-way of the Florida Midland Railway;thence in a Northwesterly direction
along said right-of-way to North boundary of said Southwest 1/4 of the Southwest 1/4;thence
West to Section line;thence South on Section line to the point of beginning (containing 5 acres
more or less). Less right-of-way for Maguire Road, as recorded in O.R. Book 1294,page 767,
Public Records of Orange County,Florida(O.R. Book 3517,Page 1380).
LESS
Commence at the Southwest corner of the Southwest 1/4 Section 20, Township 22 South, Range
28 East,thence run N.00°12'54"W. 691.70 feet along the West line of Section 20, Township 22
South,Range 28 East,thence S.89°40'46"E. 342.08 feet along the South line of the Northwest
1/4 of the Southwest 1/4 of the Southwest 1/4 of said section 20 for a point of beginning;thence
N. 15°49'19"W. 290.12 feet; thence N 54°21'11"E. 150.343 feet; thence S.35°51'24"E. 455.00
feet:thence N.89°40'46"W. 310.00 feet to the noint of beginning. (n_R_ Ronk 1M9 Pane 16491
OR Bk 5603 Pgg�2� 335
Orange Co FL. 199a-049E00�3
beginning on the Easterly right-of-way line of Maguire Road,as recorded in O.R. Book 1294,
Page 767, Public Records of Orange County, Florida;thence run N.00°14'15"E. along said right-
of-way line 255.67 feet to the point of curvature of a curve concave Southwesterly and having a
radius of 550.87 feet;thence run Northwesterly along the arc of said curve and said right-of-way
line 182.63 feet through a central angle of 18°59'45" 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°14'15"E. along said
West line of Section a distance of 628.09 feet to a point on the Westerly right-of-way South
Bluford Avenue(formerly Clarcona Ocoee Road)thence S.25°22'15"E. along said right-of-way
line 88.56 feet to the point of a curvature of a curve concave Northeasterly and having a radius of
1748.83 feet;thence run Southeasterly along the arc of said curve and said right-of-way line
120.23 feet through a central angle of 03°56'20" to a point on the Easterly line of a 60.00 feet
seaboard system railroad right-of-way(as described in O.R. Book 3607, Page 2027);thence run
S.35°19'29"E. along said Easterly line 586.61 feet; thence leaving said Easterly line,run
S.54°40'23"W. 210.84 feet;thence S.15°13'22"E. 290.12 feet to a point on said South line of the
Northwest 1/4 of the Southwest 1/4 of the Southwest 1/4 of Section 20; thence run
N.89°14'54"W. along said South line, 310.93 feet to the Point of Beginning, containing 5.7454
acres more or less.
EXHIBIT"C" OR Bk 5623 Pg23�2336
Orange Co FL 1999-0492003
CAMBRIA PARCEL
That part of the South 1/2 of the Northwest 1/4 of the Southwest 1/4 of Section 20, Township 22
South,Range 28 East,Orange County,Florida,lying East of Clarcona Ocoee Road and South of
Maine Street;
AND
That part of the Northwest 1/4 of the Southwest 1/4 of the Southwest 1/4 of said Section 20,
lying East of Clarcona Ocoee Road and South of Maine Street;
More particularly described as follows:
From the Southwest corner of the Southwest 1/4 of Section 20,Township 22 South,Range 28
East,Orange County,Florida,run N.00°14'15"E. along the West line of said Section 20 a
distance of 1383.54 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 S.88°58'01"E. along the South line of said South 1/2 of
the Northwest 1/4 of the Southwest 1/4 a distance of 290.79 feet to the point of beginning on the
Easterly right of way line of Clarcona Ocoee Road;thence run N.35°20'45"W. along said
Easterly right of way line 84.06 feet to the point of curvature of a curve concave Northeasterly
and having a radius of 1688.83 feet;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 of way line 480.76 feet to the point of curvature of a
curve concave Northerly and having a radius of 540.78 feet;thence Easterly along the arc of said
curve and said Southerly right of way line 132.60 feet through a central angle of 14°02'56"to the
East line of the Northwest 1/4 of the Southwest 1/4 of the Southwest 1/4 of said Section 20;
thence S.00°13'06"W. along said East line 511.76 feet to a point on said Easterly right of way
line of Clarcona Ocoee Road, said point being on a curve concave Northeasterly and having a
radius of 5735.72 feet; thence from a tangent bearing of N.36°18'47"W.run Northwesterly along
the arc of said curve and said Easterly right of way line 96.83 feet through a central angle of
00°58'02"to the point of tangency;thence N.35°20'45"W. along said Easterly right of way line
545.25 feet to the point of beginning, containing therein 3.2654 acres more or less.
OR Bk 56 23 Pg�2337
Orange Co FL 19'6-049P003
EXHIBIT "D"
PERMITTED ENCUMBRANCES
Permitted Encumbrances means and includes the following:
1) Real property taxes for the year of transfer and for subsequent years.
2) Pending liens, if any, for special assessments for public improvements or other
public purposes, which are payable in installments.
3) All present and future building restrictions, zoning regulations and all present
and future laws, ordinances, resolutions, regulations and orders of any
governmental authority having jurisdiction over the real property and the use
thereof as represented herein.
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."
OR Bk M6 23 P 2338
Orange Co FL 1 A--04 2003
1
46.41/41
\* :1
XISTING MAINE STREET
park land
•3.0 ac
70' ROW /00' -��
'� *l.5 ac RELOCATED MAINE STREET
EXT EN• D I5' T EMPORARY
MAINE :rl� EASEMENT
i10' PERMANENT
EASEMENT
+I1.7 cc
O
� —
o Z
o v
Ct
NOTES: V-
I.THIS EXHIBIT WAS BASED ON
GIS BASE YAPS NOT SURVEYS
OR Bk 56 23 P 2339
Orange Co FL 103
Yillk II
6. ,
, No4401411 IN: i
04
*‘% )
;;'�G0 4 , 15' TEMP� -
�� I A CONSTRUCTION .
±0 • oc i EASEMENT
70' ROW N,00.4 ..
EXTENDED MAINE i
STREET i� AT ED
Ø %\\RELo MAINZ STREET
, l0' PERMAN �e
KY MAGUIRE EASEME J'"
RGAD LAND
1. ±2.2 oc
____/I5' TEMPORARY II oc •
CONSTRUCTION
NOTES: EASEMENT pond l 41P
I.POND I RAY TO BE DEDICATED AO
TO THE CITY OF OC7OEE.
2.AN EASEMENT WILL BE REWIRED II II -L
FOR A DRAINAGE PIPE.FROM POND I -I
TO POND 2.AND 0/ER POND 2. 41111
3.THIS EXHIBIT WAS BASED ON a
G/S BASE MAPS.NOT SURVEYS.
a
•
b
`— �.... ......—,......�. r. 1 t • Tl► TT PIT T1 V,11-"'"I"
EXHIBIT "G"
RICHMOND AVENUE VACATED PARCEL
That portion of Richmond Avenue right-of-way lying south of Relocated Maine Street and
north of the existing north right-of-way line of State Road 50, located in Section 20, Township
22 South, Range 28 East, Orange County, Florida. The Richmond Avenue Vacated Parcel
expressly excludes the existing Maine Street.
OR Bk 56 23 Pg 2340
Orange Co FL 1998-0492003
THIS INSTRUMENT PREPARED BY
AND SHOULD BE RETURNED TO:
Paul E. Rosenthal, Esq.
FOLEY &LARDNER
111 North Orange Avenue, Suite 1800 OR Bk 562Z P a 341
Post Office Box 2193 Orange Co FL 1998-0492003
Orlando, Florida 32802-2193
(407)423-7656
THIS INSTRUMENT SHOULD BE
RETURNED TO:
Jean Grafton, City Clerk
City of Ocoee
150 N. Lakeshore Drive
Ocoee, Florida 34761
For Recording Purposes Only
EXHIBIT "H"
NON-EXCLUSIVE TEMPORARY CONSTRUCTION EASEMENT
AGREEMENT
THIS NON-EXCLUSIVE CONSTRUCTION TEMPORARY EASEMENT
AGREEMENT (this "Easement Agreement") is made and entered into this day of
, 19 , by and between
whose address is (hereinafter referred to as the
"Grantor"), and the CITY OF OCOEE, a Florida municipal corporation, whose address is
150 North Lakeshore Drive, Ocoee, Florida 34761 (hereinafter referred to as the "Grantee").
WITNESSETH:
WHEREAS, Grantor is the owner of that certain real property located in
Orange County, Florida, as more particularly described in Exhibit "A" attached hereto and
incorporated herein by reference (the "Easement Property") ;and
WHEREAS, Grantee has requested, and Grantor has agreed to grant and
convey to Grantee, a non-exclusive temporary easement over, upon and across the Easement
Property for the specific and limited purposes hereinafter set forth.
NOW, THEREFORE, in consideration of the mutual covenants, promises,
terms and conditions set forth herein, and for other good and valuable consideration, the
receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows:
Section 1. The above recitals are true and correct, form a material part of
this Agreement and are incorporated herein by reference.
Section 2. Grantor hereby gives, grants, bargains, sells and conveys to
Grantee a non-exclusive temporary easement over, upon and across the Easement Property for
OR Bk 5623 �Pg 2342
Orange Co FL 1998-04922003
Road (the "Road") which is to be located adjacent to aid in"the vicinity of me
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
Property. Notwithstanding the foregoing, this Easement is granted upon the condition that the
sloping and/or grading upon the Easement Property shall not extend beyond the Easement
Property and that all grading or sloping shall conform to all existing structural improvements
within the Easement Property and all work will be performed in such a manner that existing
structural improvements will not be damaged.
Section 5. 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
Easement Property. Each party 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.
Section 6. This Easement shall terminate upon the earlier of (a) the completion
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 7. Grantee shall, 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
improvements prior to being damaged by Grantee.
Section 8. To the extent permitted by law, the Grantee agrees to indemnify and
hold harmless 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
paralegal fees (whether incurred before, during or after trial, or upon any appellate level),
arising from the Grantee's use of the Easement Property or from the exercise by the Grantee of
any rights granted by this Easement Agreement.
Section 9. To the extent that any rules, regulations or ordinances of the Grantee
or any previously existing development approvals or any agreements between the Grantor (or
its predecessors in interest) and the Grantee require that certain improvements, including but
not limited to walls, signage, landscaping, irrigation and berming, be constructed or installed
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 (ii) the written approval by the Grantee
of a specific improvement within the Easement Property. The aforementioned restrictions may
be waived by Grantee in whole or in part, 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
makes a good faith determination that such improvement will interfere with the exercise by
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
permits, certificates of completion or certificates of occupancy because of the inability of the
Grantor to complete improvements within the Easement Property due to the restrictions
OR Bk 5623 Pg 2343
Orange Co FL 1998-0492003
Section 11. This Easement Agreement may be modified or Amended only upon
the mutual written consent of Grantee and Grantor, or their respective legal representatives,
successors and assigns.
IN WITNESS WHEREOF, the parties hereto have subscribed their names and
have caused this Easement Agreement to be executed as of the day and year first above
written.
Signed, sealed and delivered GRANTOR:
in the presence of:
Print Name:
Print Name:
GRANTEE:
CITY OF OCOEE,
a Florida municipal corporation
By:
Print Name: Mayor
Attest:
City Clerk
Print Name:
(SEAL)
FOR USE AND RELIANCE ONLY BY APPROVED BY THE OCOEE CITY
THE CITY OF OCOEE, FLORIDA; COMMISSION AT A MEETING
APPROVED AS TO FORM AND HELD ON , 19
LEGALITY this day of UNDER AGENDA ITEM NO.
, 19
FOLEY & LARDNER
By: —
City Attorney
OR Bk 5623 Pg_2344
Orange Co FL 1998-0492003
Recorded - Martha 0. Haynie
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
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.
WITNESS my hand and official seal in the County and State last aforesaid this
day of , 19_
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):
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
and well known to me to be the
Mayor and City Clerk, respectively, of the CITY OF OCOEE, a Florida municipal
corporation, and that they severally acknowledged executing the same in the presence of two
subscribing witnesses freely and voluntarily under authority duly vested in them by said
municipality. They are personally known to me.
WITNESS my hand and official seal in the County and State last aforesaid this
day of ,19
Signature of Notary
Name of Notary (Typed, Printed or Stamped)
COmmissi0n Number (if not legible on seal):
My Commission Expires (if not legible on seal):
r
THIS INSTRUMENT PREPARED BY
AND SHOULD BE RETURNED TO:
Paul E.Rosenthal,Esq.
FOLEY&LARDNER LLP
1 l 1 North Orange Avenue,Suite 1800
DOC# 20110098422 B: 10176 P: 7236
02/23/2011 01:47:40 PM Pape 1 of 15
Post Office Box 2193
Orlando,FL 32802-2193 Ree Fee: $129.00
Deed Doe Tax: $0.00
(407)423-7656 DOR Admin Fee: $0.00
Intangible Tax: 0.00
Mortgage Stamp: troller
Beth Eikenberry,City Clerk
RETURN TO: Martha 0• Haynie,
Comp
Orange County FL
ji' riI Iltrr
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 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/Colburn 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. Colburn 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. Colburn, 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 1661449.1
•
sufficiency of which are acknowledged by the parties, Colburn, 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 ? L'Ib 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 Colburn 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
Colburn 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 Colbum 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 Colburn 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
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 C ITY
before these witnesses:
CITY OF OCOEE, a Florida municipal
corporation
.11OL% � .L Q Q By: ..c7
P Name:
-VS ■ ltd i 1 i • u,_ S. SCOTT VANDERGRIFT,Mayor
rj . AIEFZ.Sp•ee Attes • t: von __. P' . • —
IT :0a. EIKENBERRY, City .�.rk
Print Name' - Art
(SEAL)
FOR USE AND RELIANCE BY THE
CITY OF OCOEE, FLORIDA;
APPROVED AS TO FORM AND APPROVED BY THE OCOEE CITY
L ALITY this t day of C�MMISSION AT A MEETING HELD ON
fr , 2010 IJ � 1 , 2010 DER
L� m 1
AGENDA ITEM NO. 1
FOLE & L RDNER LLP
By: lq
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 o d
Y ay of
4:4~11119er, 201+.
) 11i12±,/
_:• 0�p14► •.�W� Si�VL� Qri of P c
bb rT
w t2 i • � Print Notary Name
:1+ ' My Commission Expires:
AFFIX NOTAI �iSZ NOTAP„ `\ Commission No.:
rrmu11
3
ORLA 1661449.1
Signed, sealed and delivered COLBURN:
before these witnesses:
.
/ cif
Print N e: 77
1/a, - - .01/;::, WILLIAM E. COLBURN
Print Name: WO ft N5
, 1 ii I
Print N e: llge,RkC.e1i 4 J q _' D. COLBURN
Print Name: 9f04A 5
CAMB A,a Florida general partnership
•
L4
Print Na /. - ` BY:
OD Co/bdr
'
—
Title: /llavur '/!cr ilevske
Print Name: /WO PiGKFf5
4
ORLA 1661449.1
STATE OF FLORIDA
COUNTY OF v0 Z C/5/--q
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 ,P1 _ �j�/ . 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. / `;:��/
ISABEL FIDALGO
.P4s1.. Nails•State of Florida ` /:_�✓ /�
� �� 1� Aug 7,2013
MI►Comm.si n 9 Si ature ofTlot�y Pudic //
' ,���. Commission•DD 903300 � � / �"
-A'''oc s god Through National Notary Men. ��1' C/ / 9
Print Notary Name g, ,//j
My Commission Expires:
AFFIX NOTARY STAMP Commission No.: 2)2 70 930 0
STATE OF FLORIDA I/ /
COUNTY OF r>rO 4 u 511
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 ,. - 13/L4• 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.
ISABEL FIDALGO J
,o --j•'k. Notary Public-State of Florida `
•, My Comm.Expires Aug 17,2013 l Signature of No Publ' /
is A
V.:,-,,, Commission 0 DO 903300 s0, i //^�
''''',°;^..`. Bonded Through National Notary Assn.
Print Notary Name �//7//j
My Commission E tres:,
AFFIX NOTARY STAMP Commission No.: 04, f 0 330 b
5
ORLA_1661449.1
STATE OF FLORIDA
('OUNTY OF pL_1
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and
(minty aforesaid to take acknowledgments, personally appeared
Partner, of CAMBRIA, a Florida general partnership, �'��' �n�as General
produced �. �2G• ( J who is personally known to me, or [ ] who
same in the presence of two subscribing witnesses tfreely and voluntarilyt he acknowledged executing the
WITNESS my hand and official seal in the County and State last aforesaid this 7day of
December, 2010.
,�•,,,
ISABEL FIDALGO i
:°`�'� Public•State of Florida // ./
• My Comm.Expires Aug 17.2013 6 Si .. ature of Not. Pt Ac
Commission#DD 903300
,'48.I:• Boned Through National Notary Assn. ( �"—/ /�.
■ Print Notary Name
AFFIX NOTARY STAMP My Commission Expires: $�?/3
Commission No.: 42L9.0 ��o
6
ORLA 1661449.1
EXHIBIT"A"
DESCRIPTION OF PARK LAND
(8 following pages)
•
i
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 os 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 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" 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 Clarcono Ocoee Road) and the POINT OF BEGINNING;
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 angle of 08'08'40",
a distance of 234.62 feet to the Southerly right of way line of Moine Street (a public rood); thence
South 62'08'30" Eost 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 00'29'35" 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 o non-tangent curve concave Northeosterly, 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 o central angle of 51'49'59", o distance of 199.02 feet to a
point of tangency; thence South 5350'32" 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
Rood); 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.
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 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 Mapper.
Dote: CERT. NO. LB2108 55653001
DESCRIPTION December 22, 2010 REJ -= -TV _
FOR Job No.: Scats: =�->__ .- 4%-am
55653 I 1" = 100' vim I.
City of Ocoee; Chicago Title "'
Insurance Company; Cambria, CH. 5J-17.050—.052. Florida SOUTHEASTERN' 11' t�(G • APPING CORP.
a Florida general partnership; Administrative Code requires that 8500 All�'A RdQa)Bb levard
o legal description drawing bear Orlendd, Florida 328101-4350
William E. Colburn; John David the notation that (40 292-8580• t (!1407)292-0141
Colburn; Colonial Bluford, LLC, THE NOT A SURVEY. email. intotao ae `utveyt cam
a Florida limited liability t1 ,•,
company; First American -
Title Insurance Company; SEE SHEET FOR SKETCH REGISTERED LAND I KSURVEYOR NO. 4245
Shutts & Bowen, LLP
• •
SKETCH OF DESCRIPTION
SECTION 20, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA
N
"?� 1• =100'
'Aft tiF
se 1"op 4'A o 100
L=234.62' f ..,..
R=1650.53' fee FS
A=0608'40" 'fie•
cip
war r
(
ec __ '�eR r L=126.42'
N36'03'19"W PARCEL R=540.78'
D=13'23'39"
84.01' POINT •F : INNIN 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 • W
N SW 1/4 OF SECTION 20-22-28 SECTION 20-22-28 een
H SW CORNER OF THE S 1/2 �f, Q,. NORTHERLY LINE OF THE LANDS '' •
I •F THE NW 1/4 OF THE SW �� fr.�c`,1 DESCRIBED IN OFFICIAL RECORD co In COLBURN
n 1/4 OF SECTION 20-22-28 I 0 TA-(I- BOOK 9986, PAGE 7229 b C PARCEL
O• i 0 1 GZ�'� a N
ri O�.0� F til
y Cede '� °� L=199.02' -___
N O O R=220.00' L=44.41'
o ; 'p, 'P, O=51'49'59" R=640.78' 0;
'A� 555'50'32"W =03'58'15" <b
N CO �c)-.�� 36.98' m te
� z
z• z 0 �� w
�O,fOiAO COLONIAL BLUFORD, LLC
VS) PARCEL
POINT OF COMMENCEMENT 13S∎ G
SW CORNER OF THE SW 1/4 0St\
OF SECTION 20-22-28 J
; ,
raraw==os_mon l I1e11�1
�w�l•NI��IIIItill
SOUTHEASTERN SURVEYING & MAPPING CORP.
6500 AU American Boulevard
Drawing No. 55653001 Orlando. Florida 32810-4350
Job No. 55653 (407)292-8580 fax(407)292-0141
Dote:12/22/10 NOT VALID WITHOUT SHEET 1 Cert.. No. I.8-2108
SHEET 2 OF 2 THIS IS NOT A SURVEY email infoisoutheasternsurveying.com
See Sheet 1 for Description
•
_
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 Eost, 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 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" 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 Clorcona Ocoee Rood); 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 rodius 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 Moine Street (a public road); thence South 62'08'30" Eost along
said Southerly right of way line a distance of 486.28 feet to point of curvature of a curve concave
Northeasterly, having o radius of 540.78 feet; thence Southeasterly along the arc of said curve and
said Southerly right of way line, through o central angle of 13'23'39", a distance of 126.42 feet to
the Eost 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 a central angle of 14'06'32", 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 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, Poge 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 rodius 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 oforesoid 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. Bearings shown hereon are bused on the West line of Section 20, Township 22 South, Range 28 East,
being North 00'28'46" West, ossumed.
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 Standards for Lond Surveying CH. 5J-17.050-.052 requirements.
3. Not valid without the original signature and raised seal of o Florida Licensed Surveyor and Mopper.
DESCRIPTION Dote: CERT. NO. LB2108 --- 55653002
December 22, 2010 REJ
Fes= • �-- _ ''
FOR Job No.: Scale:
55853 NOT TO SCALE -' r ; 1r
City of Ocoee; Chicago Title I�N�w�iw is a:a (ci►A7L�
�wrvwersE ala.C. .
Insurance Company; Cambria, CH. 5J-17.050—.052, Florida �- r
a Florida general partnership; Administrative Code requires that SOttTIt6 - r'N�, ,l PING CORP.
a legal description drawing bear 8400 � A��ppoor�r�pcall. d vard
William E. Colburn; John David the notation that Ianfio, FZbfld:rV 3148 0-41350
Colburn; Colonial Bluford, LLC, (ao 29 8580 tax(ao 29 -0141
THIS IS NOT A SURVEY. email. infcrqu st,4 lirveyi tom
a Florida limited liability
company: First American
Title Insurance Company; SHEET I OF 2 ARY B. IS
Shutts & Bowen, LLP SEE SHEET 2 FOR SKETCH REGLSTERED LAND' SSRVEY'UR' NO. 4245
I - .
SKETCH OF DESCRIPTION
SECTION 20, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA
O
\'r
NN
.... :\
3
1
3N
N
y
1
W O N
�
zz NOT TO
SCALE
,Itit''
4 es, OUTHEERLY RIGHT RIGHT OF WAY VARIES
L..234.62' <1e. F POINT OF BEGINNING
R-1650.53' L=126 42'
n-08'08'40' R.540.78'
e=13'23'39' ��133.17 EAST LINE OF SW 1/4 OF SW
N36-03•19'w.01' Q a5 4'06'32" 1/4 OF SECTION 20722-28�
84.01'
S8738'41-E�J 290.93' S89'38141"E 533.27'
CAMBRIA 14
N ca, _ PARCEL a W
c N N 4:1 '�% �N00'29� W PARCEL
IV-
103.18 •-8p
N ^WN 6N r�� yFO
i z N N O,QO A L=125.28' N89'29'5 W 540.65' in
W 4 ; C R-640.78' NORTHERLY LINE OF THE LANDS
to O 5, z v "P(.4. A=11'1 2'07" SCRIBED IN OFFICIAL RECORDS
6,J i- _ '5,ir:► �G BOOK 9986. PACE 7229
W z G Oi'Tv0 COLONIAL BLUFORO. LLC
3 + W O ,e O,L PARCEL tn 3
LI $N O^ Nv) L�CCi'9
•P Oy F
to
\ POINT OF COMMENCEMENT
SW CORNER OF THE SW 1/4
OF SECTION 20-22-28
II . I I ALILIILNIL
rrrsa�r ilia-■arn_rI>•1■∎•■
III1111111111•1_
SOUTHEASTERN SURVEYING & MAPPING CORP.
Drowinq No. 55653002 8500 All American Boulevard
Job No. 55653 Orlando. Florida 32810-4350
Dote:12/22/10 NOT VALID WITHOUT SHEET 1 (407)292-8580 fax(407)292-0141
SHEET 2 OF 2 Carl No. LB-2108
See Sheet 1 for Descr■plion THIS IS NOT A SURVEY email info�southeasternsurveying.com
SURVEYOR'S AFFID AVIT
(Affidavit E a that two Different
Legal Desaiptioas Identity the Same Laid)
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 Minimum 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 Shutts&Bowen,LLP.
Appropriate Signature
Timothy O.Mosb ,
Florida Professional Surveyor and No.4732
SWORN AND SUBSCRIBED to before me this o)3 day of eeenJe2 ,20a)by
77/1-1. /Ay "'SAy who [ ] is =. •s y known to me,or [ )produced
F/��2f249 2a' $ 4arvsras identification.
WB
4
s1>:va+aenoM � SipnAure of Notag
ExpIRES:J*17,2011 iiCn . 1ie v al
Waled nen Near/Pads Underalia
Name of Notary(Typed,Printed or Stamped)
Commission Number(if not legible on seal): NS &g V-6,5
My Commission Expires(if not legible on seal): 7//7/11"/
'/
ORLA 157128.1
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 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 line of said Section 20, a 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' 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 Beoinninq; 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 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'/4 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
four(4) 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 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.
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 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 line of said Section 20, a 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" 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 Beainninq;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°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°1746°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 Beoinninq.
Containing 1.886 acres more or less.
Exhibit C
Colour Parcel
Description: (By this Surveyor)
A portion of the Southwest Y.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 Y 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
corner of the South 'A of the Northwest'of the Southwest Y of said Section 20;
thence South 89°38'41' East along the South line of said South 'A 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 234.82 feet to the
Southerly right of way line of Maine Street (a pubic 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'A of the Southwest Y of the Southwest Y of said Section 20 and the
Point of Beginning; thence, continuing along said arc, through a central angle of
14°06'32", 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%of said Section 20; thence
South 00°31'12" East along said East line of the Southwest Y of the Southwest Ya
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 Yz 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 Beginning.
Containing 1.530 acres more or less.
DOC* 20110449294 B. 10258 P: 8199
08/25/2011 02:05:49 PM Page 1 o1 28
Rec Fee: $222,50
THIS INSTRUMENT PREPARED BY Deed Doc ax: =0,00 DOR Admin Fee: =0.00
AND SHOULD BE RETURNED TO: Intangible Tax: $0,00
Martha Mortgage.Stamp: 0.00
Orange County iFl Comptroller
Paul E.Rosenthal,Esq. MB - Ret To: &OBE
&LARDNER LLP
111 No �„�'I III
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 t t.
day of , 2011, by and between CCN INVESTMENTS, INC., a Florida
corporation (" CN"), 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 29,2011)
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."
E. The provisions of Section 9(D)above are only applicable if the City gives
CCN written notice, as provided in Section 11(C)of this Amendment,that it has elected to
proceed with the construction of Extended Maine Street and such notice is given by the earlier of
(i) one(1) year from the date Colonial Bluford commences construction of Extended Maine
Street; or(ii)three (3) years from the Effective Date of this Amendment. If the City does not
give such notice within said time frame,then the now existing provisions of Section 10.3 shall
remain in full force and effect and be unaffected by this Amendment.
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
9
ORS 1711191.5
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
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
10
ORW_1711191.5
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
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.
11
ORLA_1711191.5
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:
To CCN: David Colburn
Cactus Management,LLC
P.O. Box 97
Gotha, FL 34734
Phone: 407-291-4833
E-mail: dcolburn @cactusmanagement.corn
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.
[BALANCE OF THIS PAGE IS INTENTIONALLY BLANK]
13
ORLA_1711191.5
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 c, ••ration
tU.Ae.
By: 1�f A
�M1MA IE 6421 44 Nam- '7y���/b7'l�
Print Name: Title:
)/IL1p (CORPORATE SEAL)
Name: I l�1
Signed, sealed and delivered COLONIAL BLUFORD LLC,
before these witness- • a Florida limited liability company,
By Ram Realty Associates II LLC, a
,�✓ /;r , / Delaware • •ted liability company, as
Manager
Print Name: Naroida ' Atv$� f / r
[As to both] By:
Ivy Z. leaner, Vice President
By: C"/
Print Name: A VC. Karen D. Geller,Vice President
[As to both]
Signed, sealed and delivered CITY
before these witnesses:
CITY OF OCOEE,
a Florida municipal corporation
f
�s - l.�'��\�. By: . ■
r't Name: S. Scott Vander it Mayo
AIN , / Attest: �:� . .� 1 . _ . .�
Print Name: 1 1 -�? enberry, City Clerk
(SEAL)
14
ORLA 1711191.4
FOR USE AND RELIANCE BY THE
CITY OF OCOEE, FLORIDA;
APPROVED AS T FORM AND APPROVED BY THE OCOEE CITY
LEGA ITY this ( day of COMMISSION AT A MEETING HELD ON
, 2011 Au04.1�{- , 2011 UNDER
AGENDA ITEM'NO. B
FOLE/& LA: )NE' LP
By: .1 l ir,
Y•
City Attorney
STATE OF FLORIDA
COUNTY OF O,QktUh
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
1-6.1\ b. ccl burr,_ as of CCN
INVESTMENTS,INC.,a Florida corporation, and who Ens personally known to me, or who
D 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 91`"day
of 1s- , 2011.
r
* fir (C
, EXPIRES:November
4i ture of T ry
afad 16.2014
y CIAC.i0144
Name of Notary (Typed, Printed or Stamped)
Commission Number(if not legible on seal):EE 4 aa b`&
My Commission Expires(if not legible on seal)://- /
15
ORLA_1711191.4
STATE OF FLORIDA
COUNTY OF PALM BEACH
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 Ivy
Z. Greaner and Karen D. Geller,as Vice Presidents,respectively,of Ram Realty Associates II
LLC, a Delaware limited liability companxz as Manager of COLONIAL BLUFORD LLC,a
Florida limited liability company, and who N]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 to last aforesaid this 19th day
of July,2011.
//'
Signature of Notary •
7UA Frha-ALJKF'EZ i Nereida Perez-Alvarez
Name of Notary(Typed, Printed or Stamped)
Commission Number(if not legible on seal):
My Commission Expires(if not legible on seal):
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 klo day
of al ip,�,�, - , 2011.
U •
TemMINAS 1 1 •iron n
* MYCOMMISSIONIOOI5NO4 Signature of Notary Public
EXPIRES:Jimmy 22,2413 1\,
Print Notary Name
My Commission Expires: (0% / t3
AFFIX NOTARY STAMP Commission No.: Zn) $50FscS
16
ORLA 1711191.4
JOINDER AND CONSENT TO,
FIRST AMENDMENT TO
CITY OF OCOEE/COLBURN,
DEVELOPMENT AGREEMENT,
The undersigned hereby certifies that it is the holder of a mortgage, lien or other
encumbrance recorded in Official Records Book 10025, Page 8476, Public Records of Orange
County, Florida,upon the East Property and the Adjacent Colonial Bluford Land as described in
the foregoing Amendment and the undersigned for and in consideration of valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby join in
and consent to the execution of the foregoing First Amendment to City of Ocoee / Colbum
Development Agreement and agrees that the lien of its mortgage described herein above shall be
subordinated to the City of Ocoee/Colburn Development Agreement dated November 17, 1998
as recorded in Official Records Book 5623,Page 2313,as amended by Addendum thereto dated
December 7, 2010, as recorded in Official Records Book 10176, Page 7236, all of the Public
Records of Orange County,Florida,as amended by the aforedescribed Amendment.
IN WITNESS WHEREOF, the undersigned has caused these presents to be executed
this 1 day of ,2011.
Signed,sealed and livered REGIONS BANK,
in the presen e of: an Alabama banking corporation
AIII■ ..dia.. )0
Prin Arr , I By,•A AA. .JL�: _'=—
P�tn -., ame:
1, .,.i ..P /h � o /Till .
Print ame: lL_isS/0 4nrfr6- LYNETTE RUMORS
VICE PRESIDENT
REGIONS BANK
STATE OF Fl OY i d(--
COUNTY OF at 11 D Jjh
The forego',I ins. , acknowledged before me this / day of /
,2011 by I *. f . i• C.- who is the Ut2' f(S/ Lh ,
of ge41b 3 :n ,a . He/she [
personally knowriqo me,or f I has produced as
identification.
CI 14,1 AI
�P si: •.lure of • , Pudic
��#40.»,4� Print Notary Name
My Commission Expires: 110/W
AFFIX NOTARYI MP E3� * Commission No.: E' X30
#E 30992 g.
Itt411,14$.‘" 1
AIUji C S'[NAa
17
ORLA_1711191.4
I SKETCH OF DESCRIPTION
DESCRIPTION SCHEDULE "1"
COMMENCE AT THE SOUTHWEST CORNER OF THE SOU7MS ST 1/4 OF SECTION 20, TOWNSHIP 22
SOUTH. RANGE 28 EAST, ORANGE COUNTY FLORIDA; THENCE N00'29 27'W ALONG THE WEST LINE
OF SAID SOUTHREST 1/4 A DISTANCE OF 1383.17 FEET TD THE SOUTHWEST CORNER OF THE
SOUTH 1/2 OF THE NORTHWEST 1/4 OF SAID SOUTHWEST 1/4; THENCE S89'40'52'E ALONG
THE SOUTH UT E OF SAID SOUTH 1/2 A DISTANCE OF 1329.48 FEET TO A POINT ON THE EAST LAVE OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF
SECTION 20; THENCE SO0'30'50'1 ALONG SAID EAST LANE; A DISTANCE OF 58.60 FEET FOR A POINT OF BEGINNING; THENCE CONTINUE SO0'30'50•E: ALONG
SAID EAST UN E, A DISTANCE OF 497.33 FEET; TMENCE 589'56'50'E A DISTANCE OF 1330.76 FEET TO THE EAST LINE OF THE SOUTHWEST 1/4 OF SAID
SECTION 20; THENCE SOO'3212'E. ALONG SAID EAST LINE A DISTANCE OF 734.66 FEET TO THE NORTH RIGHT-OF-WAY LINE OF WEST COLONIAL ORM RUN
THENCE THE FOLLOI04G FOUR COURSES ALONG SAID NORTH RIGHT-OF-MAY LINE (1) S89'4826'W A DISTANCE OF 778.90 FEET; (2) N6rorO6'w A
DISTANCE OF 24.65 FEET; (3) S8r4825"W A DISTANCE OF 551.37 FEET; (4) N65'07'OVW A DISTANCE OF 8.76 FEET TO THE EAST LINE OF THE LANDS
DESCRIw.D IN EXHIBIT'A' OF THE DEVELOPMENT ACREEIIENT RECORDED IN OFFICIAL RECORDS BOOK 5623, PAGE 2313, PUBLIC RECORDS OF ORANGE
COUNTY, FLORIDA; THENCE NOO•3944'W, ALONG SAID EAST LAW A DISTANCE OF 1175.65 FEET TO A POINT OF CURVATURE ON A CURVE CONCAVE
SOUTHWESTERLY, HAYING A RADIUS OF 87.36 FEET, A CHORD BEARING OF N15'43'11'W, A CHORD DISTANCE OF 45.39 FEET, RUN THENCE NORTHWESTERLY
ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 30'06'55". A DISTANCE OF 45.92 FEET THENCE N872120•E A DISTANCE OF 41.00 FEET
TO THE POINT OF BEGINNING.
CONTAINS 1,009,777 SQUARE FEET OR 23.181 ACRES MORE OR LESS.
LINE CHART
Cl CURVE DATA Ll S00'30'50'E 58.60'
A - 30'06'55' L2 500'30'50'E 497.33'
R - 87.36' 1.3 SOO'32'srE 734.66'
1. •• 45.92' L4 NOG'11'34'W 10.01'
CHORD L5 589'48 26'W 570.21'
N15'43'1I'IV 1.6 N65'07'06'W 8.76'
45.39' 1.7 N83'21 20'E 41.00'
SW CORNER S. 1/2
NW 1/4, SW 1/4 LINE. S. 1/2,
SECTION 20-22-28 IS. 1/4, SW 1/4 _ _
S89'40'52'E 1329.48' — rAr�vE_STAIR! ——••——•—{
i� MAINE STREET L7 — -- - - -- -- -- —1—
POB
\ NOT PLATTED
NOT PLATTED E. LINE SW 1/4.
E. LINE SW 1 4, SW 1/4, SECTION 20
I \ EXHIBIT 'B8 to
co 0
N
3�{l N \ ^ 889'56150"E 1330.76' r 0•
Gn '4 G \ tr '- W
o
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SW CORNER SW 1/4 NORTH R/W LINE ..0.
SECTION 20-22- 8 N89'44.53'E 1 �� S89'48 26"W 778.90'
S. LINE SECTION ZO (s L5 VEST COLONIAL DRIVE
(BEARING BASIS) i
JOB atsss THIS SKETCH IS NOT A BOUNDARY SURVEY.
CF#2 -22-28PAR20&68S0D PREPARED FOR: INTERPLAN LLC REV I S I ONSr
DATE: 7/25/11
$$ ' HEARING STRIICTIAIE IS ASSLIED MD BASED a TIE IOINEMED SOUTH LINE ff SECTION 20, _
11 AWNr BYr JB O TTh IISHIP 22S, RAKE 29E, LINE COUNTY, FLORIDA BEING N89'44'53'E.
THIS SKETCH MEETS THE'MINIMUM TECHNICAL - cone8.AVE LEGEND -CONCRETE BLOCK wou.
STANDARDS' AS REQUIRED BY CHAPTER 5J-17, out-CALCULATED CM -COACAETE NONUNION aTOCRIDA ow 472E. ST a A�//�l V/ �� a CMCRETE
- E r
-
of Orlando Inc., LB 4475 - -, �0°R�N110N PAGE
20f2 E. Robtinson St. �
NSW --r Orlando, Florida 32808 Ms ORB - TB BOOK BOOK
PC - Pow or cuvwin :M -Pt.*r a MTistrrars
NOT I M TIOUT THE 9GMIINE NI)TIE C M RASED (407) 894-6314 Pa' -POINT OF B9CNNOM PGC -POINT OF J
f,SEAL THIS Ft-MBA LICENSED SIUtYE1Qt Alm MAPPER' R -aAoxK U -UTILITY INr of Mar
` /E - EASEMENT 1W - 1 FENCE
Sr I ORANGE 120.22-281 Parcels 020 6 0681 sods.dwg-Jul 25,2011 COPYRIGHT O 1988-2011,ACCURIGHT SURVEYS
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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
C
1= 1T, J
Or, t,
'Bride Paver °8 0 CC
Multi-purpose Trail with Parkng g Sidewalk with i Travel Lane Median with Travel Lane Parking
ICurbside Plantings 1"1 1 I Planted Islands 1 1 1"1 Curbside Plantings I
i 14' i i i 12' i
2 ,4 8' ►�4 11 ��� 12' Po!4 11' ►'a 8' ►:2';• ►;
14 80' i
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 C
= J
7
0 `a Median .6 0 Grass MuftiTrail se 1 Plantings I U I Travel Lane i 1 with Plantings 1 1 Travel Lane I.I Plantings 1 Sidewalk I
• 10' I.,. 7' ►i2"� 12' ..!I 2'I 14' P, 2' s 12' ►:2';s 9' •;4 8' r�
i ;
i i
80'
ORLA_1711191.5
Extended Maine St. Eastbound Approach at Bluford Ave.
4) 4, m m 4
0 0 o 0
C6 Sidewalk with 'e Thru Lane t? 'e Thru Lane 'E Sidewalk with
I Plantings 10 1 (westbound) 101 Grass Median
10 I (Eastbound) 10 1 Plantings
12' lb'2q41 12' s~2' ;. 2'14' . �` 12' 0,17;4 12' w
c
• 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.
c d 4 c
3 0 0
O 06 Raised 05 0
re Sidewalk with i; Right-turn Lane Thru&Left-turn Concrete Thru Lane t Sidewalk with II
Plantings to I (Westbound) I Lane_Westbound)_1 Median I (Eastbound) 101 Plantings l
,• 12' '1,2'�� 12' ►. 12' ►1�. 6' 12' ;2'I'I,• 12' 1.;
l
. I
I
70' r.I
•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.
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.
ORLA_1711191.5
cancellation of the policy, except ten(10) days written notice of cancellation for
non-payment of premium.
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
• $1,000,000 Any (1)Occurrence
4. Certificates of Insurance: Certificate of Insurance Form (see sample attached),
naming the Colonial Bluford and CCN, as the case may be, and the City of Ocoee as an
additional insured will be furnished by the Contractor before commencing any work under the
Approved Contracts. These shall be completed by the authorized Resident Agent and provided
to each of the Additional Insureds. These certificates shall be dated and show:
i. The name of the Insured contractor,the specific job by name and
job number,the name of the insurer,the number of the policy, its effective date,
its termination date.
ii. Statement that the Insurer shall mail notice to the Additional
Insureds at least thirty (30)days prior to any material changes in provisions or
ORLA 1711191.5
OP 10 JC T>wTa lA1AOOrvrri1
LCQRP? CERTIFICATE OF LIABILITY INSURANCE PROP RI 1 11/04/04
•AOO11tl! THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY ARO CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER.THOS CERTIFICATE DOES NOT AMEND.EXTEND OR
• ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
• i •
NSURERS AFFORDING COVERAGE 1 NAIL I
I
walAtO P.IV &_ Le loot maims 1-se Misty
V1111)1111111 1
Contractor's Naps 1MI M1C -- ^T'— ^
Address I MOM 1S
I WawUl!
COVERAGES
TMs POLICIES OF I14IIFU47 VIM Saar MAYS saes mean TO PSI swam ouseo WYS FOR 114 POLICY PIw00 PIPCATSO.IOIMTIN$TNOU,G
AN*PLOIAISLS'/T.TIMM°Sedalia..OF ANY carom 011 ones ocCUrKP WITH MAW TO void/TNNCMITrICIITE MILT weans ea
MAY 11*NOURANCe A/TORana IT 114 POLICea aUendin WWI S aJIa T1ONL TM T5101.GCLO1IONS IMO CONDITIONS OA WO. _
Ppl)CIy.ACOIMOAT/LIY1a e10MM MY HAIR 1EaN aEO m Sr PAO CLAIM
• —? FOLIC*IUAIVI I 1 Rr lwaro ' w H ► 1 LAMS
Lr! T1Paors'llrrwce ■T9 C CCCIJMalRa _s 1,000.000
Op1RKlwRm ■ I ( 1 50,000
(z i OAeeIL ISMI0E woos LM/A1TY I UWEM'I.7.PPUII") 15,000
«-�-._..
ciAsea ace Fti atu'I j ►eR/oM".a"w wlwr s1,000,000
i� { _. IaMIMMlAOeAaaAR 13,000,000
M.1.._._.. ' 1 I I FRROM 1a.co.r10PNa 13,000,000
iwNl AaWlMtePWprt.N'FI^YI POtI i
7 POLICY iii KCr 1 l LOC f •coMRMeo!Male 1�M1r
NITCUOaIUMIDr i ; co.' o 11,000.000
AM son I 1 DAILY MASSY T
,—•�AU.01TNIAVIOe j I { .x/,
r eO1F04.IG"OTp I i 'soosrPLASr /
ix neMOALROa i i IwPO1ee _..._
1Y-NOMQWNI0AUT01 I
i_.J _...- 1 nbPERTY SWAGE s
04.44./!
i ! ♦ I AUTO OILr•G ACCOIO 1
I OAOI10a 111MLR* I G a=-I,
ANY WO !AUTO ewe A00 1
'-_1 i I EACHOco1FRENCC 11,000.000
X . .00z rRe+At c(M AaGnIDME s9,000,000
; s 1
_�clevcrwa i ' I s
warm* s I I'm V.A.I u,. _
. ..TORT Lyon i.....LIT_--
i*MaNWCOIreISAf10MAMO I IIt.&AOTACOOINT 1500.000 _
, to Tp' NTTNUwIOnna f IL olam..asasosev a s 500,000
IacceN►LLM+laasoo.sl i ;El.CALM•P000VU1"T s500,000
Tons
• i Any 1 2.0C 100,000
))nildazs Risk ! Any 1 Ace 1,000,000
OSIENPTION OP OPMNTOMI I LOCATIONS/venom trance masses as secreMRas/eam MIOMeLMe
holders a. an addiitioonal insured Os. tth. G.neraalllLin�ityaie•»•n:ellat•
Liability. Workers' Conpsnsation, Reploysra' Liability i General Liability
shall contain a Waiver of Subrogation in favor of the certificate holder.
The oertifieate bolder is added as a TEmi izaad fix B7 'Risk,
CANCIWTION
CERTIFICATE HOLDER 100111D MY OF 111 Aeon elSCleIO Panama In CANOLLNO IMPOIS Tll ILIRATq►
i pCOEE01 OATIT IVI$AMERIVS NaFMaMLL/NOa*I0PtOMM. l0 pAaTlarTTM
tonnaTOyle pRW A'I HOLM NAM S 10r11LIFT.IM PMLIMI To 00 TOIIIM.
City O! Ocoee Nona NO aaLIaATOM CO LIAaLM 00 ANY Na10 UPON Re MMWR.ITS$01511 OR
150 N. Lak.ehore Drive AIlllllelT.TNaa
Ocoee FL X4761-3250 AUTMOI T MFINMTTATna
O ACORO CORPORATION 1M1
ACORD T!(100„�I
SOC1410. P IR &
ORLA_1711191.5
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