Item #10 Settlement Agreement for Colony Plaza Demolition Lien and other Liens ocoee
florida
AGENDA ITEM COVER SHEET
Meeting Date: January 16, 2018
Item # /0
Reviewed By:
Contact Name: Scott Cookson, City Department Director: Scott Cookson, City
Attorney Attorney
Contact Number: 407-581-9800 City Manager: Rob Frank
Subject: Settlement Agreement for Colony Plaza Demolition Lien and other Liens
Background Summary:
From 2002 through 2013 the City of Ocoee filed a number of different liens on the Colony Plaza
property at the southwest corner of Maguire Road and State Road 50 (the "Property"). Included
among the liens was a demolition lien relating to the costs incurred by the City and funded by CRA
funds in demolishing the dilapidated Plaza building on the Property (the "Demolition Lien"). The
City's actual costs for the demolition were $1,105,406.21, which costs included legal fees from the
prior City Attorney's office which were paid by the City. The Demolition Lien has remained on the
property since 2009 and has been accruing interest at 18% per year from February 2010. Interest
accrued to date on the Demolition Lien is close to $1,600,000.00 (simple interest at 18% per
annum).
The liens, including the Demolition Lien, on the Property were not the only impediments to the
redevelopment of the Property. Because the prior use of the structure on the Property was
condominium ownership, the ownership interests in the Property and certain easements over the
Property needed to be terminated. Over the years the owner of the Property has worked to
terminate such interests and easements, which required separate State legislation to accomplish
the work. Those interests and easements were terminated, and subject to resolution of the City's
liens, including the Demolition Lien, the Property is ready for redevelopment.
Over the last several months City Staff has had a number of meetings with the owner of the
Property and a development partner concerning resolution on the City's liens and redevelopment of
the Property. The owner/developer are prepared to move forward with the redevelopment under
the following terms:
1. The City and the owner enter into a Settlement Agreement whereby the City would release all
liens, including the Demolition Lien, on the Property with the payment to the City of $1,105,406.21,
representing the reimbursement to the City of the City's costs relating to the demolition. No interest
amount would be paid to the City relating to the release of the liens. The $1,105,406.21 would be
paid to the City within sixty (60) days of the date of approval of the Settlement Agreement and at
such time as payment is made the City would release all of the City liens on the Property; and
2. The City permit the development of the Property substantially consistent with the Concept Plan
and Design Standards attached to the Settlement Agreement, but otherwise substantially consistent
with the CRA development guidelines that were previously adopted for the Property.
The owner/developer has committed to complete Phase 1 of the development (the small
commercial building at the hard corner of Maguire and State Road 50) on or before December 31,
2018 and agrees to use good faith, commercially reasonably efforts to develop the remaining
portion of the Property as soon as practicable.
Finally, because the Property is within a CRA and CRA funds were used for the original demolition
of the improvements, the Settlement Agreement is set up for execution by both the CRA Board and
the City Commission.
Issue:
Should the CRA Board and the City Commission approve the Settlement Agreement with the
Owners (defined in the Settlement Agreement) by releasing all City liens, including the Demolition
Lien, with the payment of $1,105,406.21 and permit redevelopment of the Property consistent with
the attached Concept Plan and Design Standards?
Recommendations
In order to further advance the redevelopment of the Property, staff recommends that the City
Commission approve the Settlement Agreement by releasing all City liens, including the Demolition
Lien, with the payment of $1,105,406.21 and permit redevelopment of the Property consistent with
the attached Concept Plan and Design Standards.
Attachments:
Settlement Agreement
Concept Plan and Design Standards
Financial Impact:
The settlement would result in the City receiving $1,105,406.21 as reimbursement for the actual
costs previously expended by the City for the demolition of the improvements on the Property.
Type of Item:
[ ] Public Hearing For Clerk's Dept Use:
❑ Ordinance First Reading 0 Consent Agenda
❑ Ordinance First Reading [ ] Public Hearing
❑ Resolution lel Regular Agenda
[x] Commission Approval
0 Discussion&Direction
[x] Original Document/Contract Attached for Execution by City Clerk
❑ Original Document/Contract Held by Department for Execution
Reviewed by City Attorney Scott A. Cookson, Esq. ❑ N/A
Reviewed by Finance Dept. ❑ N/A
Reviewed by ( ) ❑ N/A
SETTLEMENT AGREEMENT
THIS SETTLEMENT AGREEMENT (the "Settlement Agreement") is made this _ day of
, 2018 (the "Effective Date") by and between THE CITY OF OCOEE, a Florida
municipal corporation established under the laws of the State of Florida, with an address of 150 N.
Lakeshore Drive, Ocoee, Florida 34761 (the "City"), and OCOEE CORNERS, LLC, a Florida limited
liability company ("Ocoee Corners"), with an office address of 7586 W. Sand Lake Rd., Orlando,
Florida 32819, CYPRESS COLONY,INC., a Florida corporation("Cypress Colony"),with an office at
2833 Butler Bay Drive North, Windermere, Florida 34786 and MAGUIRE 50 WEST, LLC, a Florida
limited liability company("Maguire 50 West"and together with Ocoee Corners and Cypress Colony,the
"Owners") with an office address of 7586 W. Sand Lake Rd., Orlando, Florida 32819. The City, Ocoee
Corners, Cypress Colony and Maguire 50 West may be referred to herein individually as a "Party" and
collectively as the"Parties".
RECITALS
WHEREAS, the City and Cypress Colony entered into that certain Settlement Agreement
attached hereto as Exhibit"A" (the "Original Settlement Agreement") pertaining to certain real
property described in Exhibit"B"attached hereto(the"Cypress Property");
WHEREAS, the Cypress Property is subject to outstanding liens in favor of the City in
connection with the City's demolition of certain improvements on the Cypress Property, which liens are
listed on Exhibit"C"attached hereto(collectively,the"City Liens");
WHEREAS, Maguire 50 West, the owner of certain real property adjacent to the Cypress
Property(the "Maguire 50 Property", together with the Cypress Property, the "Property"), and Cypress
Colony have formed and are the members of Ocoee Corners;
WHEREAS, Maguire 50 West and Cypress Colony intend to contribute their respective
properties to Ocoee Corners so that the Property may be jointly developed as a single project;
WHEREAS, the Parties desire to finally settle the amounts owed to the City in order for the City
to fully satisfy and release the City Liens encumbering the Cypress Property so that the Property may be
developed by Ocoee Corners;
WHEREAS,the Property is within the City of Ocoee Redevelopment Area(the "CRA")that has
been established by the City and the Ocoee Community Redevelopment Agency(the"Agency");
WHEREAS,the Parties now desire to enter into this Settlement Agreement on the terms set forth
herein.
NOW,THEREFORE, in consideration of the mutual promises hereinafter set forth and of other
good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the
Parties, intending to be legally bound,agree to this Settlement Agreement as follows:
1. Recitals. All recitals set forth above are true and correct and are incorporated herein by
this reference.
2. Settlement Amount to City. Notwithstanding anything contained in the City Liens, the
City agrees that it will release the City Liens upon the payment to the City of ONE MILLION ONE
HUNDRED AND FIVE THOUSAND FOUR HUNDRED AND SIX AND 21/100 DOLLARS ($1,105,406.21),
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representing the City's actual costs incurred in demolishing the improvements on the Property (the
"Release Amount"). The Release Amount must be paid by the Owners to the City within sixty(60) days
of the Effective Date of this Settlement Agreement. Upon receipt by City of payment in full as described
above, the City will execute a release of the City Liens prepared by Owners in a form reasonably
acceptable to City and deliver the same to the Owners(the "Release"). Following payment by Owners to
the City of the Release Amount and Owners receipt of the Release executed by the City, the Owners shall
have the right to record the Release in the Public Records of Orange County, Florida at Owners' sole cost
and expense.
3. Development of Property. Owners, for themselves and their successors in interest
and/or assigns, agree that, except as set forth in this Agreement or as approved administratively by the
City, the Property shall be developed in accordance with the CRA development guidelines that have been
or may be adopted by the City and/or the Agency. Owners have provided the City with a concept plan for
the Property along with set of design standards which are outlined in Exhibit"D"attached hereto and are
made part hereof by this reference (collectively, the "Concept Plan and Design Standards"). By
execution of this Settlement Agreement and conditioned upon the City's receipt of the Release Amount,
the City approves the Concept Plan and Design Standards for the Property and acknowledges and agrees
that a preliminary subdivision plan and/or site plan submittal that is consistent with the Concept Plan and
Design Standards and complies with the CRA development guidelines not modified by this Agreement
shall not be denied or delayed on any basis relating to the CRA development guidelines. However, the
City shall have no obligation to process any plans for any portion of the Property until the City receives
the Release Amount. In addition, except as set forth in the Concept Plan and Design Standards, the City
shall be under no obligation to waive any or grant any exceptions to the requirements of such guidelines.
Owner hereby acknowledges that this provision is a material term to the City's agreements contained in
this Settlement Agreement.
In addition to the foregoing, the City agrees that: (i) the full access to the Property located on
Maguire as shown on the Concept Plan and Design Standards shall remain a full access point; (ii) the
drive aisles and roadways located within the Property shall be constructed as roadway sections with on-
street parking for the majority of such sections, however, the City shall not require public dedication of
such drive aisles and roadways; (iii) the City will subordinate the City Liens to the sidewalk easement
Owners are granting to FDOT so that Owners may expedite Owners' permits with FDOT; (iv) the City
will enter into a commercially reasonable maintenance agreement or easement with FDOT for the
landscaping improvements the City is requiring to be placed within the FDOT right-of-way pursuant to
the Phase 1 Plans (as defined below); and (v) Fast Casual Restaurants will be permitted within the
Property. For purposes of this Agreement, "Fast Casual Restaurant" shall mean a restaurant, which
may or may not include a drive-thru, whose normal business model includes: (i) a menu consisting of a
variety of food options that are predominately freshly prepared on site rather than just the warming,
microwaving or final preparation of pre-packages items; and (ii) an upscale, unique or highly developed
decor, such as PDQ, Panera, Chipotle,Panda Express,Tijuana Flats and Five Guys.
4. Development Timeline. Owners intend to develop the Property in multiple phases.
Owners have submitted for the approvals necessary for the development of the first phase of the Property
to the City (collectively, the "Phase 1 Plans") and the City agrees that the Phase 1 Plans are consistent
with this Agreement and the Concept Plan and Design Standards. Owners hereby agree that development
and construction of the portion of the Property included in the Phase 1 Plans shall be substantially
completed on or before December 31, 2018 (the "Phase 1 Timeline"). Owners hereby agree to use
good faith, commercially reasonable efforts to develop the remaining portions of the Property as soon as
practicable following completion of the improvements as part of the Phase 1 Plans.
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5. Binding Effect; Termination of Original Settlement Agreement. This Settlement
Agreement shall run with the Property and shall inure to and be for the benefit of the Parties hereto and
their respective successors and assigns and any person, firm, corporation, or entity who is or may become
the successor in interest to the Property or any portion thereof. The Original Settlement Agreement is still
in full force and effect and shall not be deemed to be modified by this Settlement Agreement. Upon
payment by Owners of the Release Amount to the City within the time period required by Paragraph 1 of
this Settlement Agreement,the Original Settlement Agreement shall automatically terminate and be of no
further force and effect. If the Release Amount is not paid by the Owners to the City within the time
period required by Section 2 of this Settlement Agreement, then this Settlement Agreement shall be
automatically terminated and of no further force and effect.
6. Release of Liability. Contingent upon the performance by the Parties of the provisions
of this Settlement Agreement, effective upon the timely payment by Owners to the City of the Release
Amount and the execution and delivery of the Release by the City to the Owners, the Parties do, to the
extent provided by law, hereby mutually release each other, and their respective officers, directors,
employees, representatives, agents, parent companies, subsidiary companies, affiliates, successors and
assigns, from any and all claims, damages, obligations, duties, liabilities, actions and causes of action, of
every kind and nature whatsoever arising under or in connection with the City Liens.
7. Representations of Parties. The Parties each represent and warrant to each other that
they have the power and authority to enter into and perform this Settlement Agreement.
8. Attorneys' Fees. If any of the Parties to this Settlement Agreement institutes any action
or proceeding against any of the other Parties arising out of or based upon this Settlement Agreement, or
by reason of any default hereunder, then the prevailing party in such action or proceeding is entitled to
recover from the other party all costs of such action or proceeding, including reasonable attorneys' fees
and court costs.
9. Venue and Governing Law. This Settlement Agreement and the provisions contained
herein shall be controlled by the laws of the State of Florida. Venue for any legal action shall be in
Orange County, Florida.
10. Time of the Essence. Time is hereby declared of the essence to the lawful performance
of the duties and obligations contained in this Settlement Agreement.
11. Miscellaneous.
(a) The Parties acknowledge that they have read this Settlement Agreement and have
freely and voluntarily entered into this Settlement Agreement. The Parties participated in the
drafting of this Settlement Agreement, and should any of its provisions be found ambiguous, such
provision shall not be strictly construed against any particular Party. Each Party declares and
understands that no promises or inducements not otherwise contained and expressed herein have
been made.
(b) This Settlement Agreement shall not be altered, amended, changed, waived,
terminated or otherwise modified in any respect or particular, unless the same shall be in writing
and signed by or on behalf of the Parties hereto.
(c) If any provision of this Settlement Agreement becomes unenforceable or invalid,
then the remaining provisions of this Settlement Agreement will not be affected and will remain
in force and effect.
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(d) This Settlement Agreement may be executed in more than one counterpart, each
of which shall be deemed an original, but all of which shall constitute one and the same
instrument.
(e) There are no third party beneficiaries to this Settlement Agreement.
IN WITNESS WHEREOF, and intending to be legally bound hereby, the Parties hereto have
executed this Settlement Agreement as of the day and year first above written.
OWNERS:
CYPRESS COLONY,INC., a Florida corporation
By:
Charles H. Wilson, Director
Date:
MAGUIRE 50 WEST,LLC, a Florida limited liability
company
By:
Scott T. Boyd, Manager
Date:
OCOEE CORNERS,LLC, a Florida limited liability company
By: Maguire 50 West, LLC, a Florida limited liability
company, its Manager
By:
Scott T. Boyd, Manager
Date:
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CITY:
CITY OF OCOEE,FLORIDA, a Florida
municipal corporation
By:
Rusty Johnson,Mayor
ATTEST:
Melanie Sibbitt,City Clerk
(SEAL)
APPROVED BY THE CITY OF OCOEE
COMMISSION IN A MEETING HELD
ON JANUARY 16,2018
UNDER AGENDA ITEM NO. .
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE,FLORIDA;
APPROVED AS TO FORM AND
LEGALITY this 16th day of
January,2018.
SHUFFIELD,LOWMAN& WILSON,P.A.
By:
City Attorney
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The Ocoee Community Redevelopment Agency hereby agrees to the terms and conditions of this
Settlement Agreement and hereby joins in and consents to the same this 16th day of January, 2018.
APPROVED:
ATTEST: OCOEE COMMUNITY
REDEVELOPMENT AGENCY
Melanie Sibbitt, Secretary ,Chair
(SEAL)
APPROVED BY THE OCOEE
COMMUNITY REDEVELOPMENT
AGENCY IN A MEETING HELD
ON JANUARY 16,2018
UNDER AGENDA ITEM NO. .
FOR USE AND RELIANCE ONLY
BY THE OCOEE COMMUNITY
REDEVELOPMENT AGENCY,
APPROVED AS TO FORM AND LEGALITY
this 16th day of January,2018.
SHUFFIELD,LOWMAN& WILSON,P.A.
By:
CRA Board Counsel
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Exhibit"A"
Settlement Agreement
SETTLEMENT AGREEMENT
This Settlement Agreement is executed by and between the City of Ocoee,Florida(the
"City")and Cypccss Colony,Inc.("Cypress Colony").
WHEREAS,there exists a lawsuit between the panics known as City of Oc oec v.Cvoress
Colony.Inc,et al.,Case No.2006-CA-3489,which is now pending in the Circuit Court of the
Ninth Judicial Circuit,in and for Orange County,Florida(the"Lawsuit');
WHEREAS.the Lawsuit is an action by the City to enforce and foreclose three code
enforcement liens recorded in the Public Records of Orange County,Florida:(1)on November
11, 2004, at Official Records Book 7697, Page 3742; (2) on November I I, 2004, Official
Records Book 7697, Page 3732;and(3)on May 4, 2006,Official Records Book 8622,Page
3950(the"Liens");
WHEREAS,in the Lawsuit,the City seeks to foreclose the Liens upon that certain real
property that Cypress Colony owns in Orange County,Florida,known more particularly as:(1)0
West Colonial Drive,Ocoee,Florida(Tax Parcel Identification Number 30-22.21-0000.00-020);
(2)0 Maguire Road,Ocoee,Florida(Tax Parcel Identification Number 30-22-28-0000.00.30),
(3) 11100 West Colonial Drive,Ocoee, Florida(Tax Parcel Identification Number 30.22-28-
1452-01.310);and(4) 11100 West Colonial Drive,Unit 131,Ocoee,Florida(the"Ptnpc-tty");
and
WHEREAS.through this Agreement,the parties dei u to settle and rewire:the claims and
disputes that are the subject of the Lawsuit;
NOW,THEREFORE, for good and valuable taxaideratkur the suttieicrrey of tthkh is
hereby acknowledged,the parties agree as follows:
I. The parties incorporate by reference the mit ifs xH forth above.
2. Within 30 days of Wednesday, January 26, 2011 (i.c., on or before Friday.
rebttrary 2.5,2011).Cypress Colony shall provide to die('u} .r written stakmerd
or statements setting forth the following iufotuuriott with respect to exh
mortgagee on the Property that WAS recorded poli to the turnlinsg of the t'itr'e
Liens that we the subject of the Lawsuit:
a. The identity of the current holder of cid*nrrortgage:
b. The amount of the outstanding principal balance on each ovat;ta,te;
c. The total rumsunt of accrued interest and wetwid interest on each tnern, ere;
and
d. '1 he current interest ride and per diem amount i..r e.r:.h 001i.:teemed t't
each mortgage.
ORU►-1a9a643
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•
3. In the event the statements required by paragraph 2 of this Agreement reflect a
total minimum amount of S5,000,000 of encumbering debt on the Property
superior to the City's Liens that are the subject of the Lawsuit.then the following
provisions apply:
a. Within 30 days after the effective date of this Agreement,Cypress Colony
shall seek approval front the court presiding over the receivership
proceeding known more specifically as Century Bank. FSB v. Colony
Plaza Contlerninium Association-1w..Case No.CIO-02.0960,pending in
the Circuit Court of the Ninth Judicial Cireuit,in and for Orange County,
Florida, for leave to comment an action against Colony Plan
Condominium Association, Inc. (the "Association') to extinguish any
easement or easements running in favor of the Association,any owners of
timeshare units on the Property,any owners of condominium units on the
Property, and all other parties necessary to completely extinguish all
interests in the subject easement or easements.
b Within 30 days after obtaining the court approval referenced in the
preceding paragraph, Cypress Colony shall commence the lawsuit
referenced in the preceding paragraph(the"Easement Action").
e Cypress Colony shall diligently prosecute the Easement Action to final
conclusion.
d. After the conclusion of the Easement Action,Cypress Colony shall cause
to be commenced an action(the"Foreclosure Action")by the holder of the
first-priority mortgage on the Property (and, it' necessary, any other
mortgages superior to the Liens that arc the subject of the City's Lawsuit)
egoists*all persons and entities who hove or cluinn to have any interest in
the Property. The Foreclosure Action shalt be for the mimosa of causing
the foreclosure of the first-priority mortgagee's mortgage and,except as
provided below,shall foreclose the intetests(it'.uny)in the Property of all
other persons and entities that have or claim to have an interest in the
Property. With respect to the Foreclosure Action, tiro parties agree as
t'olknvr
(11 The City agrees not to contest the Ftxocloswe Action
t21 1he City agrees not to allege,assert,or otherwise contend in tlw
t'oreck' ore Action that the Liens that are the sul>jdxt of the City's
Lawsuit aro superior in priority to the mortgage that will he the
subject of the Foreclosure Action:and
{i) Cypress (:uhny agrees that the Ftsnxtusure Actium shall tint
include. encompass, extend to, o uclt wix concern the
2
era&wawa*
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Demolition Lien record at Official Records Rook 4966,Page 5820,
of the Public Records of Orange County, Florida,which the City
holds against the Property for the demolition of the structures that
were formerly present on the Property(structures that were once
commonly referred to collectively as"Colony Plaza'),and Cypress
Colony further agrees that title to the Property resulting from the
Foreclosure Action will be subject to that Demolition Lien.
e. After the conclusion of the Easement Action and the Foreclosure
Action,Cypress Colony shall obtain a title policy showing title to
the Property vested in Cypress Colony.Inc.or its successor in title
at the foreclosure sale--free and clear of the easements
extinguished in the Easement Action.
4.. in the event the statements required by paragraph 2 of this Agreement reflect a
total minimum amount of less than $5,000.000 of encumbering debt on the
Property superior to the City's Liens that me the subject of the City's lawsuit,
then paragraph 3 of the Agreement is of no effect and the patties shall reconvene
the mediation that was ordered by the court presiding over the City's lawsuit.
5 Immediately following the effective date of this Agreement,Cypress Colony and
the City agree that they will jointly move,in the City's lawsuit.for the catty of
an order abating that sctioa pending the conclusion of the Pa..cmenr Action, the
conclusion of the Foreclosure Action, And the judicial sole of the Property
following the conclusion of the Foreclosure Action. In the event that the awn
presiding over the City's Lawsuit denies the panics' Joint motion to the
abatement of that action or otherwise refuses to abate or stay that taainn for the
time periods referenced in this paragraph,then the pinks shalt Ilk,in the City's
Lawsuit,a joint stipulation for the dismissal of that action without prejudice.with
ail t+.rrties bearing their own costs,expon es,end attorneys' fees incctnr.d in thin
action.
6
la the event that the City's lawsuit i<diterris±ted without prejudice loarsusnn to the
preceding paragraph,then the City reserved the tight to rc:taurnenc or recite the
City's Lawsuit if Cypress Colony fails to perform its duties under this Agtwutett
or if either the Fasen ent Action or the Foreclosure Action does nut main i.r a
judgment in favor of the reapedive plaintiffs in t o.c actions. In the event(hot
the City recommences or retiles the City's I awsuit,then:
a Cypress('ok+ay agrees not to sal,the tcxusrr y from the City of any casts
or attotneys'Ices that Cypn.sr Colony lour ventured in the t'tty'c 1:town
that is currently pending;
b. Cyprus Colony waives any defence hoard on lashes or tiny .nature of
limitations turd tweets not to assert any defenses of nctetnr in the
City's Lawsuit as rctuntsnenccd or raided:and
attA_t69ra+s r
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c The parties agree that the City's Lawsuit as recommenced or refiled shall,
to the extent legally,juristlictionally.oral procedurally possible, caccecd
upon pleadings and pending motions tlict ere substantially identical to
their respective pleadings and pending motions in Ibc City's Lawsuit
currently pending.
7. This Agee-11mA shall be gcserited by,and interpreted in acecrane with,non&
Law.
8. If a..ty litigation is commenced arising out of this Agreement,the exclusive fvnun
and venue for such litigation stair, m°Lange County,Flotida
9. 'Ibis Agrecmcn:shall bxorx effective when executed by ill of the parties.
CYPRF.SS l/LONY.INC.
By:
its: f,
Date:
CITY:
CITY OF OCOEE,FLORIDA
Ily:
.C;r+ rgrnl,hicyr
Arr r:si:
.Lixrabaity.City Cie
(SrAl.)
011 USE AND E ONLY BY AITROVED BY TIIF.OCORF.CITY
THF.C Mt'OF OC()EF.,FIA)R1I1A; COMMISSION Al A SPICCIA I. APPRO'.'III
AS TO FORM AND,, MEETING HELD ON
LEt;ALITY this 15— day os (FeNtIrto.o46.Ay,201t uriuKti ,
tvvey . 11- N . At, A ii LM NO.1(891a45es3ssiea)
oterrtirtmcerNettittr
a--
----- _
L)*A_
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Exhibit"B"
Legal Description of the Cypress Property
Parcel I
Lot 1
Begin at the Southwest corner of the Northeast Quarter of the Northeast Quarter of the Northeast Quarter
of Section 30, Township 22 South, Range 28 East, Orange County, Florida, thence North 00 degrees 20
minutes 00 seconds West along the West line of said Northeast Quarter of the Northeast Quarter of the
Northeast Quarter a distance of 225.51 feet; thence North 89 degrees 40 minutes 00 seconds East 93.0
feet; thence North 44 degrees 36 minutes 28 seconds East 52.0 feet; thence North 64 degrees 57 minutes
34 seconds East 114.16 feet; thence South 45 degrees 23 minutes 32 seconds East 80.0 feet; thence North
89 degrees 37 minutes 54 seconds East 290.0 feet; thence North 00 degrees 20 minutes 00 seconds West
133.0 feet; thence North 89 degrees 37 minutes 54 seconds East 37.00 feet; thence South 00 degrees 20
minutes 00 seconds East parallel to and 40 feet West of the East line of said Section a distance of 386.37
feet to the South line of the said Northeast Quarter of the Northeast Quarter of the Northeast Quarter;
thence South 89 degrees 38 minutes 03 seconds West 617.06 feet to the Point of Beginning.
AND
Lot 2
Commence at the Southwest corner of the Northeast Quarter of the Northeast Quarter of the Northeast
Quarter of Section 30, Township 22 South, Range 28 East, Orange County, Florida; thence North 00
degrees 20 minutes 00 seconds West along the West line of said Northeast Quarter of the Northeast
Quarter of the Northeast Quarter a distance of 225.51 feet for a point of beginning; thence North 89
degrees 40 minutes 00 seconds East 93.0 feet; thence North 44 degrees 36 minutes 28 seconds East 52.0
feet; thence North 64 degrees 57 minutes 34 seconds East 114.16 feet; thence South 45 degrees 23
minutes 32 seconds East 80.0 feet;thence North 89 degrees 37 minutes 54 seconds East 290.0 feet;thence
North 00 degrees 20 minutes 00 seconds West 133.0 feet; thence South 89 degrees 37 minutes 54 seconds
West 163.0 feet; thence North 00 degrees 20 minutes 00 seconds West 200.0 feet to the South right of
way line for State Road No. 50; thence South 89 degrees 37 minutes 54 seconds West along said right of
way line 417.06 feet to the said West line of the Northeast Quarter of the Northeast Quarter of the
Northeast Quarter thence South 00 degrees 20 minutes 00 seconds East 360.83 feet to the Point of
Beginning.
Parcel II
A parcel of land in the NE 1/4 of the NE 1/4 of the NE 1/4 of Section 30, Township 22 South, Range 28
East, Orange County, Florida,being more particularly described as follows:
Commence at the SW corner of the NE 1/4 of the NE 1/4 of the NE 1/4 of Section 30, Township 22
South, Range 28 East, thence run N 89 degrees 37'37" E, along the South line of said NE 1/4 of the NE
1/4 of the NE 1/4 of Section 30, Township 22 South, Range 28 East, 617.27 feet to a point of 40 feet
West of the East line of said Section 30, Township 22 South, Range 28 East, said point being the Point of
Beginning; thence continue running N 89 degrees 37'37" East, along said South line of NE 1/4 of the NE
1/4 of the NE 1/4 of said Section 30, Township 22 South, Range 28 East a distance of 15.34 feet to a
point on the West Right-of-Way line of State Road 439 (Maguire Road) as shown on the Florida
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Department of Transportation Section 75530-2601 Right-of-Way Map; thence departing said South line
of the NE 1/4 of the NE 1/4 of the NE 1/4 of Section 30, Township 22 South, Range 28 East, run N 00
degrees 28'12" W, along said West Right-of-Way line of State Road 439, a distance of 386.29 feet thence
departing said West Right-of-Way line of State Road 439, Run S 89 degrees 37'54" W, a distance of
14.42 feet to a point 40 feet West of the East line of said Section 30, Township 22 South, Range 28 East
thence run S 00 degrees 19'59" E parallel to and 40 feet West of the East line of said Section 30,
Township 22 South, Range 28 East, a distance of 386.30 feet to the Point of Beginning.
Less and except from Parcels I& II that part conveyed in Official Records Book 6483, Page 3913.
Page 12 of 14
ORLDOCS 15875539 1
•
Exhibit"C"
List of the City Liens
1. Order Imposing Fine and Lien recorded May 2, 2002 in Book 6515, Page 3917, Case No. 02-009.
2. Order Imposing Fine and Lien recorded May 2, 2002 in Book 6515, Page 3921, Case No. 02-011.
3. Order Imposing Fine recorded November 11, 2004 in Book 7697, Page 3732, Case No. 04-029.
4. Order Imposing Fine recorded November 11, 2004 in Book 7697, Page 3742, Case No. 04-018.
5. Order Imposing Fine and Lien by City of Ocoee recorded May 4, 2006 in Book 8622, Page 3950,
Case No. 03-003291.
6. City of Ocoee Notice of Lien recorded November 23,2009 in Book 9966, Page 5820.
7. Notice of Claim of Lien by City of Ocoee recorded November 16, 2012 in Book 10475, Page
2218, Case No. 12-142.
8. Order Imposing Fine and Lien by the City of Ocoee recorded August 1, 2013 in Book 10611,
Page 5857, Case No. 13-063
Page 13 of 14
ORLDOCS 15875539 1
Exhibit"D"
Concept Plan and Design Standards
Page 14 of 14
ORLDOCS 15875539 1
S. R.. 50 W.Colonial Dr.
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artingrspaces �' parkin spaces ��,,
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'ull Access IS.:.Median cut
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Internal Street"2" c------",.k-, � 1
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parkin spaces
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Stormwater Management Area IA ut/-
- — — — --
Building Data*:
A. 7,912 sq.ft. approved parking req. 30
B. 6,910 sq.ft. approved parking req. 26 pros: 92=6.2/I000sq.ft.
C. 6,25(sq.ft.+/- concept parking req. 24
D. 5,400 sq.ft+/- concept parking req. 21 pros-. 116=9.9/I000sq.ft.
E. 10,000 sq.ft+/- concept parking req. 38 prov. 83=8.3/l000sq.ft.
F. 8,400 sq.ft+/- concept parking req. 32 pros: 50=6.0/l000sq.ft.
G. 22,000 sq.ft+/- concept parking req. 84 pros. 140=6.4/l000sq.ft.
Total. 66,872 sq.ft+/- Prk.req.@3.8/10[X1 254 pros-. 480=7.2/l000sq.ft
*Building configuration and square footages may change.
The anent is for Buildings along SR SO and Maguire Rd.frontages to be located along these frontages,
casual and fast casual restaurant drive-thins as part of the building may be located between the frontages.
and the primary structure.
Buildings internal to the property arc not restricted to location.
OCOEE- Maguire Rd. Property
Site Data:. Internal Street"1"&"2" Concept Development Plan
Gross area: 12.9 ac.+/- Travel lane 10'min 12'max
u. Parrallel parking 8'tnin(including curb) C.12.2 .17
Storm water: 1.4:10. +/-11:u P ),lanes � b
Sidewalk 8'min
Landscape areas width 6'min.
Building Standards: Internal Street"1":
Height: 1 Story 18'MM. Sidewalk and on street parking on west side of street 1
Setbacks' not required by this development. 2_____-
6'landscape areas to be provided between edge of travel lane
Front/Street 0 ft. Min. n IW zoo
Rear South property line 20 ft. Min. and west property line.
Vest property Line 10 ft. titin. Internal Street‘-‘2": Disclaimer
P P On street parking in front of Building G not required. All Information is conceptual and subject to change.
F.A.R Plan may not meet ordinances and regulatory requirements
Mas. 1.0 Max. Internal Streets may be private.
Fast Casual Restaurants with drive-thru are permitted.
Block requirement are as depicted with Street]and 2 on this plan