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					       CITY OF ORLANDO

  THIRD AMENDED AND RESTATED

  DEVELOPMENT ORDER FOR THE

          LAKE NONA

DEVELOPMENT OF REGIONAL IMPACT

         DRI2005-00001



                   , 2005




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                                   CITY OF ORLANDO
              THIRD AMENDED AND RESTATED DEVELOPMENT ORDER
             FOR THE LAKE NONA DEVELOPMENT OF REGIONAL IMPACT

1.     PROJECT LEGAL DESCRIPTION

       The legal description for the Lake Nona Development of Regional Impact/Planned

Development (―Lake Nona DRI/PD‖) is attached hereto as Exhibit ―A.‖


2.     DEVELOPER

       Lake Nona Property Holdings, LLC, a Florida limited liability company, successor by

merger to Lake Nona Property Holdings, Inc., a corporation existing under the laws of the State

of Florida, whose principal place of business is at 9801 Lake Nona Road, Orlando, Florida,

32812 is the successor in interest to Lake Nona Corporation and has been assigned all of Lake

Nona Corporation’s rights as the master developer of the Lake Nona DRI/PD (―Developer‖). As

used herein, the term ―Developer‖ refers to Lake Nona Property Holdings, LLC.


3.     FINDINGS OF FACT AND CONCLUSION OF LAW

       3.1     On September 17, 1982, Lake Nona Corporation filed an Application for

Development Approval (―ADA‖) for a Development of Regional Impact (―DRI‖) for the Lake

Nona DRI/PD. On June 6, 1983, Orange County adopted a Development Order for the Lake

Nona DRI/PD (―1983 Development Order‖). On January 4, 1988, Orange County approved a

substantial change to the Lake Nona DRI/PD and issued a new Development Order for the

Project (―1988 Development Order‖). On August 28, 1989, Orange County approved a non-

substantial change to the Lake Nona DRI/PD and issued an Amended Development Order for the

Project (―Amended Development Order‖).




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        3.2   In November, 1992, a portion of the Lake Nona DRI/PD (1,519± acres) owned by

the City of Orlando, operating by and through the Greater Orlando Aviation Authority

(―GOAA‖), was annexed into the City of Orlando (―City‖).

        3.3   As of November 28, 1994 the remaining acreage that comprised the Lake Nona

DRI/PD at that time (5,159± acres) was annexed into the City in accordance with the provisions

of that certain Developer’s Agreement dated May 4, 1994 entered into by Lake Nona

Corporation and the City, as recorded at Official Records Book 5090, Page 0924, of the Public

Records of Orange County, Florida.

        3.4   Pursuant to Section 380.06(15)(g), Florida Statutes, the City was obligated to

adopt a development order for the Lake Nona DRI/PD incorporating previous rights and

obligations specified in the prior development order, and on November 28, 1994, the City issued

the City of Orlando Development Order for the Lake Nona Development of Regional Impact.

        3.5   In 1998, the Developer acquired an additional 1,759± acre adjacent to the Lake

Nona DRI/PD, 758 acres of which were located within the City’s municipal boundaries. The

balance of the additional property (1,001± acres) was annexed into the City on December 14,

1998.

        3.6   A Notification of Proposed Change was submitted by the Developer on October

26, 1998, to further revise the Lake Nona DRI/PD.

        3.7   On February 19, 1999, GOAA submitted a Notification of Proposed Change to

consolidate all properties that comprise Orlando International Airport into the Orlando

International Airport DRI, thereby reducing the total acreage of the Lake Nona DRI by 1,519±

acres. The Notification of Proposed Change was approved by the City of Orlando and on June




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14, 1999 the City issued an amended and restated development order that added the 1,519± acres

to a consolidated Orlando International Airport DRI.

       3.8    On June 29, 2001, the City adopted the First Amended and Restated Development

Order for the Lake Nona Development of Regional Impact as recorded July 31, 2001, in Official

Records Book 6313, Page 3367, Public Records of Orange County, Florida.

       3.9    On June 7, 2004, the City adopted the Second Amended and Restated

Development Order for the Lake Nona Development of Regional Impact as recorded February 1,

2005, in Official Records Book 7809, Page 4076, Public Records of Orange County, Florida.

       3.10   The proposed changes in this Notification submittal were reviewed by the City,

the East Central Florida Regional Planning Council (―ECFRPC‖) and the Department of

Community Affairs (―DCA‖) and were determined to constitute a nonsubstantial change to the

Lake Nona DRI/PD.

       3.11   A public hearing, as required by Section 380.06(19), Florida Statutes, has been

duly held.

       3.12   Development of the Project shall proceed in accordance with the information and

plans presented in the Lake Nona DRI/ADA, the Responses to Requests for Additional

Information, and supplemental information, as amended by the materials submitted with the

Notifications of Proposed Change to a Previously Approved Development of Regional Impact

dated April 21, 1989, as revised June 20, 1989, October 26, 1998, June 29, 2001 and June 7,

2004, unless otherwise provided by the conditions for approval contained in this Third Amended

and Restated Development Order or unless prevented from compliance by the application of any

condition for approval contained herein.

       3.13   The Property does not lie within an area of critical state concern.




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3.14   The proposed development of the Lake Nona DRI/PD consists of the following:

       (A)    Total Acreage: Approximately 6,917.1 Acres

       (B)    Land Use Summary:

              Residential                                         9,000 Units

               High Density Residential            4,263 Units
               Medium Density Residential          1,895 Units
               Low Density Residential             2,842 Units

              Retail                                               950,000 GSF
              Hotel/Resort Villas                                   2,250 Units
              Office                                               935,000 GSF
              Industrial (Airport Support)                       4,870,000 GSF
              Development Program Acreage:
              Residential                                          2,347.4 acres
              Including:  Single Family
                          Multi-Family
                          Resort Villas
                          Commercial Residential (Timeshare)
              Residential Center:                                      4.8 acres
              Including:    Office
                            Retail
                            Residential
              Neighborhood Center:                                    50.5 acres
              Including:    Office
                            Retail
                            Residential
              Village Center:                                        185.7 acres
              Including:   Retail
                           Hotel/Resort Villas
                           Residential
                           Office

              Airport Support District                             1,179.2 acres
              High Intensity [ASD-2]
              Including:    Industrial
                            Hotel/Resort Villas
                            Commercial Residential (Timeshare)
                            Office
                            Support Retail/Service Activities



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                      Medium Intensity [ASD-1]
                      Including:  Light Industrial
                                  Hotel/Resort Villas
                                  Support Retail/Service Activities
                                  Office
                                  Residential

                      Schools/Civic                                               183.5 acres

                      Roads                                                       470.3 acres

                      Utilities/Institutional/Miscellaneous                       191.5 acres

                      Open Space                                                           *

                      Lakes/Stormwater Management Areas                           897.9 acres

                      Primary Conservation Network                              1,219.3 acres

                      Conservation                                                187.0 acres

                      *    A minimum of 287.6 acres of open space will be provided

                           throughout the Project, exclusive of the wildlife corridor

                           addressed in Condition 5.7. The open space acreage is included

                           in and not separated from the acreages shown for various land

                           uses and will be provided in the form of parks, golf courses,

                           perimeter buffers and landscaped areas.           The open space

                           acreage within the Lake Nona DRI has not been given special

                           protection    status       under   Subsections   380.06(19)16   or

                           380.06(19)(e)5.b, Florida Statutes.


                (C)   Potential Traffic Generation (6th Edition ITE): 137,900 External Daily

Trips (―ADT‖)

                (D)   Water Supply: Orlando Utilities Commission



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              (E)     Wastewater Service: City of Orlando

              (F)     Fire Protection: City of Orlando

              (G)     Project Phasing:

                                                           External ADT    External ADT
                                                             Per Phase       Per Phase
                       Phase I      01/04/88-12/30/01         12,000           12,000
                       Phase II     12/31/01-12/30/10         32,800           44,800
                       Phase III    12/31/10-12/30/15         46,659           91,459
                       Phase IV     12/31/15-12/30/20         46,441          137,900

              (H)     An exchange of the approved land uses may be requested of the City by

using the conversion factors in the equivalency chart attached hereto as Exhibit ―B,‖ provided

that the change requested is consistent with the City’s Growth Management Plan and the City’s

Southeast Orlando Sector Plan, Chapter 68 of the Land Development Code (hereinafter referred

to as the ―Southeast Orlando Sector Plan‖), as they exist on the Effective Date of this Third

Amended and Restated Development Order.

       Any proposed conversion of land uses shall retain the mixed-use characteristics of the

Lake Nona DRI. The following minimums and maximums shall apply:

             Land Use               Minimum Threshold       Maximum Threshold
             Residential            6,750 Units             11,250 Units
             Retail                 712,500 SF              1,187,500 SF
             Hotel/Resort Villas    1,687 Rooms             2,813 Rooms
             Industrial             2,920,000 SF            6,820,000 SF
             Office                 573,750 SF              1,296,250 SF

       Any proposed change that results in less than the minimum threshold or more than the

maximum threshold set forth above for any land use shall be reviewed as part of a Notification of

Proposed Change processed prior to implementation of the conversion.

       The Developer shall give the City, DCA, and ECFRPC notice of its intent to convert land

uses using the conversion methodologies set forth above at least 30 days prior to the conversion

being approved by the City. The notice shall identify the actual conversion methodology used


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and the resulting impacts of the conversion in terms of project character and the resulting

impacts on potable water, wastewater, solid waste capacities, and traffic generation. A letter will

be obtained from the City at the time of the proposed conversion verifying potable water,

wastewater and solid waste capacity is available to accommodate the proposed conversion. In

addition, the DRI Biennial Report shall include information indicating the cumulative number of

residential units, the cumulative number of hotel rooms and resort villas, the cumulative amount

of industrial square footage, the cumulative amount of office square footage, and the cumulative

amount of retail square footage which have been approved by the City as of the Biennial Report

Date, and the resulting impacts on potable water, wastewater, solid waste, and traffic generation.

                (I)    The Property is zoned PD, Planned Development and C, Conservation. A

copy of the approved Master Plan (Master Plan 7A) is attached as Exhibit ―C‖. Master Plan 7A

is consistent with the City’s adopted Growth Management Plan and the City’s Southeast Orlando

Sector Plan as they exist on the Effective Date of this Third Amended and Restated Development

Order.

         3.15   The Developer’s authorized agent is C. David Brown, II, P.A., Broad and Cassel,

390 North Orange Avenue, Suite 1100, Orlando, Florida 32801.

         3.16   This Third Amended and Restated Development Order also constitutes the

development order approving PD zoning and use of the Property pursuant to Master Plan 7A for

Retail, Residential, Office, Airport Support, and associated uses, as more particularly detailed in

Subsection 3.13 of this Third Amended and Restated Development Order.

         3.17   Should a conflict exist between this Third Amended and Restated Development

Order and any agreement not adopted as part of this Third Amended and Restated Development

Order, then this Third Amended and Restated Development Order will control.




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4.     CONDITIONS OF APPROVAL FOR THE LAKE NONA DRI/PD AS ADOPTED BY
       THE CITY COUNCIL

       4.1    The Development shall conform to requirements set forth in this Third Amended

and Restated Development Order and with all other applicable federal, state, county, and City

laws, ordinances, and regulations, which are incorporated herein by reference except to the

extent they are expressly waived or modified by these conditions or by action of the City

Council.

       4.2    The Lake Nona DRI/PD shall comply with the applicable provisions of the City’s

Land Development Code unless those provisions have been waived or modified by this Third

Amended and Restated Development Order; by that certain Developer’s Agreement, dated May

4, 1994, entered into by Lake Nona Corporation and the City as recorded at Official Records

Book 5090, Page 0924, of the Public Records of Orange County, Florida; by the Stipulated Final

Judgment in the case styled City of Orlando and Greater Orlando Aviation Authority vs. Lake

Nona Corporation as recorded at Official Records Book 4778, Page 1036, of the Public Records

of Orange County, Florida; or by the Southeast Orlando Development Plan Funding Agreement

which are incorporated herein by reference. To the extent that portions of the Project receive

protection or exemption from elements of the Land Development Code, any inconsistencies or

non-conformities shall be deemed to conform to the Land Development Code and other

applicable City requirements.

       4.3    Any golf course shall be shown as a separate tract or parcel in conjunction with

the preliminary plat submittal for the parcel in which the golf course is located. Residential

Neighborhood land use includes golf and golf-related facilities and uses, such as clubhouse,

lodge units, only within Parcel 1, and maintenance.




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         4.4   All religious building sites shall be designated as separate parcels in conjunction

with the preliminary plat submitted for the parcel in which they are located.

         4.5   The City reserves the right to evaluate and approve the specific locations of the

parcels for the various housing types to ensure compatibility with surrounding existing and/or

proposed developments at the Specific Parcel Master Plan [SPMP] submittal.

         4.6   Building height and lot widths for all residential and non-residential uses shall

conform to the standards found in the Southeast Orlando Sector Plan or the conventional

provisions of the City Land Development Code as provided in the Southeast Orlando Sector Plan

as they exist on the Effective Date of this Third Amended and Restated Development Order, or

as modified in the Lake Nona Planned Development and/or individual Specific Parcel Master

Plans.

         4.7   Golf and tennis recreational and teaching facilities shall be permitted in all land

use categories and are subject to review by the City at the time of Specific Parcel Master Plan

and preliminary plat submittal for the applicable parcel to ensure compatibility with surrounding

existing and/or proposed developments.

         4.8   A development plan identifying specific recreation uses and facilities for the Lake

Nona DRI/PD shall be submitted concurrently with the Specific Parcel Master Plan and

preliminary plat submittal for the parcel in which the recreation use or facility is located.

         4.9   A minimum twenty-five (25) foot buffer shall be provided along the Lake Nona

DRI/PD perimeter unless otherwise approved by the City. Specific landscape buffer material

requirements shall be submitted for City approval with the Specific Parcel Master Plan

applicable to each development parcel.




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       4.10    The City reserves the right to evaluate and approve the specific location of the

building site(s) to ensure compatibility with surrounding existing and/or proposed developments

at Specific Parcel Master Plan submittal.

       4.11    Signage shall be in accordance with the applicable provisions of the City Land

Development Code as they exist on the Effective Date of this Third Amended and Restated

Development Order unless modifications are approved by the City as part of a master signage

plan included with a Specific Parcel Master Plan submittal.

       4.12    Building setbacks shall conform to the Southeast Orlando Sector Plan or the

conventional provisions of the City Land Development Code as provided in the Southeast

Orlando Sector Plan as they exist on the Effective Date of this Third Amended and Restated

Development Order.

       4.13    Uses in the parcels designated ―Airport Support District-High Intensity‖ shall be

those uses permitted in the Airport Support District-High Intensity [ASD-2] as described in the

Southeast Orlando Sector Plan as they exist on the Effective Date of this Third Amended and

Restated Development Order, including but not limited to heavy manufacturing, light

manufacturing, warehouse, office, hotel, support retail and service activities, automobile and

truck rental, recreation, and civic. Uses in parcels designated ―Airport Support-Medium

Intensity‖ shall be those uses permitted in the Airport Support District-Medium Intensity [ASD-

1] as described in the Southeast Orlando Sector Plan as they exist on the Effective Date of this

Third Amended and Restated Development Order, including but not limited to light

manufacturing, warehouse, office, hotel, support retail and service activities, automobile and

truck rental, civic and parks, and golf course. Single family residential and multi-family

residential uses may also be developed in parcels designated ―Airport Support-Medium




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Intensity‖; provided that any residential use is consistent with the locational criteria for

residential uses established by Condition 4.15 of this Third Amended and Restated Development

Order and the recorded documents expressly referenced therein.

       4.14    Personal service uses shall be permitted in office buildings provided they are

oriented towards serving the individuals employed within or served by the primary use structure

Drive-thru facilities are a permitted use and do not require conditional use approval.

       4.15    (A)     A Declaration and Dedication of Avigation Easement (―Avigation

Easement‖) was executed by Lake Nona Corporation and GOAA on November 12, 1987 and

recorded at Official Records Book 3961, Pages 1089-1094, of the Public Records of Orange

County, which affects only those parcels lying south of Lake Nona to the west and southwest of

the line described in Exhibit ―D‖ and depicted on Master Plan 7A as the ―Avigation Easement

Boundary‖ which line was deemed at the time of execution of the Avigation Easement to be the

eastern boundary of the 65 DNL contour derived from the projected use patterns of both the third

and fourth runways of the Orlando International Airport. In case of a conflict between the

Avigation Easement and either the Southeast Orlando Sector Plan, a subsequent FAR Part 150

Study, or a revised aircraft noise ordinance, the terms and conditions of the Avigation Easement

shall control. Parcels located north of Lake Nona, Red Lake and Buck Lake (the ―Lakes‖) which

were included in the 1983 Development Order are vested for development and are not subject to

the Avigation Easement. The Authorization of Residential Uses and Notice of Proximity to

Airport (the ―Notice‖) recorded at O.R. Book 5620, Page 2354, of the Public Records of Orange

County, Florida, is applicable to a portion of the parcels located north of the Lakes. In case of a

conflict between the Notice and either the Southeast Orlando Sector Plan, a subsequent FAR Part




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150 Study or a revised Aircraft Noise Ordinance, the terms and conditions of the Notice shall

control.

               (B)    A Declaration of Covenant and Waiver (―Covenant and Waiver‖) was

executed by Lake Nona Corporation and GOAA on November 12, 1987, and recorded at Official

Records Book 3961, Pages 1078-1082 of the Public Records of Orange County, which affects a

portion of the Lake Nona DRI/PD. In case of a conflict between the Covenant and Waiver and

either the Southeast Orlando Sector Plan, a subsequent FAR Part 150 Study, or a revised aircraft

noise ordinance, the terms and conditions of the Covenant and Waiver shall control.

               (C)    Also recorded at Official Records Book 4778, Pages 1036-1158, of the

Public Records of Orange County, is the Stipulated Final Judgment entered on August 2, 1994,

in Consolidated Case Number CI 91-692 and CI 91-4738 filed in the Circuit Court in and for

Orange County, Florida, and styled City of Orlando and the Greater Orlando Aviation Authority

vs. Lake Nona Corporation, which Stipulated Final Judgment resolved and settled condemnation

actions affecting the Lake Nona DRI/PD. In case of a conflict between the Stipulated Settlement

Agreement, as it may be from time to time amended, and either the Southeast Orlando Sector

Plan, a subsequent FAR Part 150 Study, or a revised aircraft noise ordinance, the terms and

conditions of the Stipulated Final Judgment shall control.

               (D)    All residential uses shall be prohibited on that portion of the Lake Nona

DRI/PD lying south of Lake Nona, west and southwest of the line described in Exhibit ―D‖ and

depicted as the ―Avigation Easement Boundary‖ on Master Plan 7A. Other uses proposed in the

area lying south of Lake Nona, west and southwest of the Avigation Easement Boundary,

including but not limited to hotel and resort villa uses, shall be reviewed at the time of building

permit submittal to determine the need for sound level reduction construction techniques in




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accordance with Federal Aviation Administration land use compatibility guidelines and City

ordinances, as they exist on the Effective Date of this Third Amended and Restated Development

Order.

         4.16     Those wetland areas proposed for impact shall be mitigated for, as specified in the

permits issued by those agencies having wetlands permitting jurisdiction in regard to the affected

areas. The exact limits of all conservation areas to be preserved on-site shall be determined in

accordance with applicable criteria prior to preliminary plat submittal. This determination shall

include precise flagging and surveying (by the Developer) of the conservation areas. The precise

flagging and surveying may result in a reduction and/or reconfiguration of some of the

developable areas depicted on Master Plan 7A. Development rights to conservation areas

(including mitigation areas) identified in the applicable permits shall be dedicated by a

conservation easement in favor of the City, or other appropriate conservation entity or agency.

         4.17     The development shall participate in the City’s transportation impact fee program

according to the adopted fee schedules. The development shall be entitled to credits against

transportation impact fees for all non-site related improvements to off-site roads including, but

not limited to:

                  -      Narcoossee Road
                  -      Dowden Road
                  -      Goldenrod Road (SR 551)
                  -      Airport Connector
                  -      SR 530
                  -      Boggy Creek Road
                  -      Beeline Expressway (SR 528)
                  -      GreeneWay (SR 417)

to the extent permitted in accordance with the provisions of Chapter 56, Orlando City Code. The

development shall be entitled to credits against transportation impact fees up to the percentage

indicated for the following on-site transportation improvements:



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                                                                            # of     Potential
 Link       Roadway Links                        Segment                   Lanes     Credits*
North of GreeneWay
   1     Road A-1                   Narcoossee Road to Intersection           4       54.0%
   2     Goldenrod Connector        Goldenrod Road to Intersection            4       54.0%
   3     Road A-2                   Intersection to GreeneWay                 4       54.0%
South of GreeneWay
   4     Road B                     Boggy Creek Road to Intersection          4       54.0%
   5     Road A-3                   Intersection to GreeneWay                 4       33.0%
  10     Road C                     Link #10                                  4       54.0%
  11     Road E                     Link #11                                  4       54.0%
  12     Road F                     Link #12                                  4       54.0%

       *        Percent of value contributed for construction cost of corresponding
                Roadway Link. Roadway impact fee credits will not be granted for
                dedication of Roadway Links or any other on-site rights-of-way.

                (A)    Roadway Links depicted on Exhibit ―E‖ attached are conceptual only and

their actual location will be subject to approval by the City using the SPMP Process.

                (B)    Roadway Links having fewer than 4 lanes are ineligible for roadway

impact fee credits, unless otherwise agreed to by the City.

                (C)    Roadway Links 6, 7 and 8 are proposed to be eliminated in Master Plan

7A with the main thoroughfare from Narcoossee Road to the Interchange and Road A-3 being a

four laned roadway redesigned as Link 10; is a combination of the previously designated Link #9

and Link #10.

                (D)    Pursuant to Chapter 56 of the Orlando City Code, the actual construction

cost upon which the roadway impact fee credits are based and the final amount of credits are

subject to verification and approval by the City. Granting of roadway impact fee credits will be

considered by the City upon completion of each Roadway Link, or combination thereof, or as

otherwise agreed to between the City and Developer by separate Impact Fee Agreement.

                Eligibility for transportation impact fee credits on roads not specifically listed in

this Subsection 4.17 shall be determined in accordance with the provisions of Chapter 56,


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Orlando City Code as they exist on the Effective Date of this Third Amended and Restated

Development Order.

       4.18    The Developer or its predecessor has executed the following Agreements and has

conveyed the right-of-way and/or easements required by those Agreements for the Central

Florida GreeneWay, Boggy Creek Road, and Narcoossee Road:

               (A)    Agreement Regarding Narcoossee Road Improvements and Stormwater

Improvements dated May 19, 1998.

               (B)    Agreement between Lake Nona Corporation and the Orlando-Orange

County Expressway Authority (―OOCEA‖) for GreeneWay dated October 31, 1991.

       4.19    If future monitoring and modeling conducted pursuant to Subsection 5.20 of this

Third Amended and Restated Development Order indicates that the Project has a significant and

adverse impact on Narcoossee Road, south of the Central Florida GreeneWay, and/or Boggy

Creek Road, then the Developer shall, upon 90 day’s written request from the City of Orlando,

dedicate an equitable and proportionate share of the required additional road right-of-way for

Narcoossee Road and/or Boggy Creek Road for intersection, roadway, and/or roadway drainage

improvements if the Developer owns or controls the land needed for such additional right-of-

way. The Project’s equitable and proportionate share of the required additional right-of-way shall

be determined by the City of Orlando based on a comparison between the external average PM

peak hour Project trips on the applicable road segment (as reflected in the Project’s monitoring

and modeling report), and the total PM peak hour trips on the road segment. If additional right-

of-way above and beyond the Developer’s proportionate share is required from lands owned or

controlled by the Developer, then the Developer shall be eligible for due compensation. In

addition, the Developer or a duly formed community development district shall dedicate



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sufficient right-of-way for the 4-laning of roadway links 1 through 5 and 10 as listed in

Subsection 4.17, at the time these roadway links are platted. The right-of-way dedication for the

internal roadways shall be consistent with the approved cross-section depicted in the Lake Nona

Southern Roadway Circulation System Plan approved August 2, 2002, as may be amended from

time to time through the SPMP process. Site road right-of-way shall be either dedicated at time

of plat of any adjacent property or prior to the plat of any adjacent property and shown and noted

on the plat of any adjacent property with the recording information.

       4.20    The City and the Developer have entered into that certain Development and

Funding Agreement for the Central Florida GreeneWay Interchange at Lake Nona PD [―Funding

Agreement‖], approved by the City on April 19, 2000, to facilitate the construction of a full

diamond interchange on the Central Florida GreeneWay (SR 417) to serve a regionally

interconnected road network to be constructed concurrent with development north and south of

the GreeneWay. At the time of preliminary plat submittal for each parcel south of the lakes, the

City shall review the amount of development proposed, in addition to the amount of

development previously approved, to determine the extent of road network needed to serve the

proposed development. Emergency access shall also be determined by the City Engineer and Fire

Department at the time of preliminary plat submittal for individual parcels. The Developer and

the City will enter into an amendment to the Funding Agreement amending the dates to reflect

anticipated dated of construction.

       4.21    Conceptual access to Boggy Creek Road and Narcoossee Road shall be as shown

on Master Plan 7A and the Lake Nona Southern Roadway Circulation System Plan, approved

August 2, 2002, unless additional access is approved on a Specific Parcel Master Plan as being

consistent with applicable access management standards. Final access to those roadways and to




                                               17
on-site roads shall conform to the access management classification for each specific road and

the standards included in Section 61.212 of the Orlando City Code as they exist on the Effective

Date of this Third Amended and Restated Development Order, unless modifications are

approved by the City as part of a master access management plan included with a preliminary

plat submittal.

       4.22       Prior to the issuance of any certificates of occupancy for structures that would

cause the total cumulative traffic generated by the Lake Nona PD to exceed 44,800 external

ADT, an on-site east/west road system connecting Boggy Creek Road to Narcoossee Road shall

have been constructed as a two-lane roadway.

       4.23       Prior to the issuance of any certificates of occupancy for structures that would

cause the total cumulative traffic generated by the Lake Nona PD to exceed 51,600 external

ADT, the on-site east/west road system shall be constructed as a four-lane roadway from

Narcoossee Road to Boggy Creek Road.

       4.24       Construction of the Central Florida GreeneWay, formerly known as the Southern

Connector Expressway, has been completed.

       4.25       All proposed crossings of the Orlando Utilities Commission (―OUC‖) railspur by

the GreeneWay shall be grade separated. The City agrees to allow other proposed crossings to

be designed and constructed at-grade. All such crossings shall be in conformance with OUC and

Florida Department of Transportation (―FDOT‖) rail crossing design and construction standards.

       4.26       Wastewater service will be provided by the City. Water service will be provided

by OUC.

       4.27       The Developer shall cooperate with the City and the Orange County School Board

to locate two additional elementary school sites and one middle school site within the Lake Nona




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development, consistent with the School Board’s site selection criteria, Master Plan 7A, and any

agreements that may be entered into between the Developer and the School Board and/or the

City and/or the Greater Orlando Aviation Authority. The Development shall participate in the

adopted Orange County school impact fee program.

       4.28   If the Developer elects to proceed with the remainder of the land bridge between

Red Lake and Lake Nona, it shall be designed and constructed as a bridge structure rather than as

a fill section, in coordination with and review by the City of Orlando. Any such design shall

consider Best Management Practices to ensure the viability of the Primary Conservation

Network concept.

       4.29   This Third Amended and Restated Development Order consolidates and

supersedes all previous Development Orders, Corrections, and Amendments thereto applicable to

the Lake Nona DRI/PD, specifically including the 1983 Development Order, for which a Notice

of Adoption is recorded at Official Records Book 3981, Page 0572, the 1988 Development

Order, for which a Notice of Adoption is recorded at Official Records Book 3950, Page 1113,

the Amended Development Order, for which a Notice of Adoption is recorded at Official

Records Book 4131, Page 0794, and the City of Orlando Development Order recorded at Official

Records Book 4863, Page 4586, the First Amended and Restated Development Order recorded

July 31, 2001 in Official Records Book 6313, Page 3367, and the Second Amended and Restated

Development Order recorded February 1, 2005, in Official Records Book 7809, Page 4076 all of

the Public Records of Orange County, Florida. This Third Amended and Restated Development

Order governs all conditions and requirements for development of the Lake Nona DRI/PD.

5.     CONDITIONS OF APPROVAL RECOMMENDED BY THE ECFRPC FOR THE
       DEVELOPMENT OF REGIONAL IMPACT, AS ADOPTED BY THE CITY
       COUNCIL




                                               19
       5.1     Project construction personnel shall be notified, through posted advisories or

other methods, of the potential for artifact discoveries on the site and to report suspected findings

to the Project manager. In the event of discovery of artifacts of historical or archaeological

significance during Project construction, the Developer shall stop construction at the site of

discovery and notify the City and the Division of Historic Resources of the Florida Department

of State. From the date of notification, construction shall be suspended within a one hundred

(100) foot radius of the site of discovery for a period of up to one hundred twenty (120) days to

allow evaluation of the site.

       5.2     In order to provide proper tree protection during construction and to identify

measures for conserving the site’s trees, at the time development within a parcel is proposed, the

parcel developer shall comply with the City Tree Protection Ordinance, Chapter 60 of the

Orlando City Code, as it exists on the Effective Date of this Third Amended and Restated

Development Order. Prior to development in each tract or parcel, the continuation of agricultural

uses is authorized and shall be governed by the Agricultural Management Plan for the Lake

Nona DRI/PD approved by the United States Department of Agriculture (―USDA‖), which plan

is described as:

               United States Department of Agriculture (USDA)
               Soil Conservation Service
               Record of Decisions and Applications
               Soils Practices, Water Resources and Nutrient Management
               1 June, 1993
               Authored and delivered by Steve Cox, Area Director
               Assisted by Ken Lackman
               (The ―Agricultural Plan‖)

To the extent the Agricultural Plan conflicts with City regulations, the Agricultural Plan shall

control.




                                                 20
       5.3     If the modeling/monitoring specified in Condition 5.20 indicates that the traffic

study presented in the ADA has under predicted external traffic volumes by fifteen percent

(15%) or more, then monitoring for carbon monoxide (CO) shall be performed by the Developer

on and/or off the Project site at locations determined by the City after receiving

recommendations from the Florida Department of Environmental Protection (―FDEP‖) and the

ECFRPC, with results to be furnished to each of these agencies.

       5.4     If the air quality monitoring specified in Condition 5.3 above indicates that a

violation of Florida Ambient Air Quality (―FAAQ‖) standards has occurred, the Developer shall

pursue one or any combination of the following until modeling indicates that the FAAQ

standards will be achieved:

               (A)     it shall not commence the next development or monitoring phase as

described in Conditions 5.19 and 5.20 below,

               (B)     it shall participate in cost of roadway improvements, and/or

               (C)     it shall implement a more active Transportation Systems Management

(―TSM‖) program.

       5.5     Air quality modeling shall be accomplished using guidelines for indirect sources

adopted by the FDEP or, if none are adopted, using a methodology agreed upon by the City, the

FDEP, and the ECFRPC.

       5.6     The U.S. Fish and Wildlife Service regulations and the Florida Fish and Wildlife

Conservation Commission (―FFWCC‖) rules, as applicable, shall apply to eagle nest sites if any

are located within the Project.

       5.7     The 4± acre area designated on Master Plan 7A as the Wildlife Corridor that

adjoins a wildlife corridor designated on the Master Development Plan for the Orlando




                                                21
International Airport DRI shall be provided to benefit the wildlife of the area, and shall be

encumbered by a conservation easement for that purpose in favor of the City or other appropriate

agency or conservation organization. Not less than fifty percent (50%) of the land within the

Lake Nona portion of the Wildlife Corridor shall remain in its natural condition. A continuous

three hundred fifty (350) foot wide strip of natural area shall extend the length of the combined

Wildlife Corridor that is depicted on Master Plan 7A and on the Master Development Plan for

the Orlando International Airport DRI. A properly designed nature trail and access road through

the corridor, including the natural area, shall be allowed.

       5.8     Prior to development in a designated parcel, a gopher tortoise survey shall be

conducted by the Developer. Based on the survey results, gopher tortoises may be relocated to

the wildlife corridor/conservation site if it contains suitable habitat. The tortoises shall be

relocated according to FFWCC current protocol, or addressed in another manner acceptable to

the FFWCC.

       5.9     Interim management of undeveloped lands will continue for cattle, game wildlife,

timber and additional agricultural uses in accordance with the Agricultural Plan described in

Condition 5.2. Where possible, controlled burns shall be employed as a management tool.

       5.10    To provide additional wetland habitat, those portions of the proposed lakes which

border preserved wetlands shall be designed with variable side slopes averaging 6H:lV and

nurtured to ensure the growth of native wetland vegetation. To provide feeding areas for wood

storks and other wading birds, a minimum of 30% of the littoral zones of these lakes should be

designed to become isolated from the lakes during low water periods, mimicking isolated

marshes and wet prairies, unless alternative requirements are included in permits issued by the

South Florida Water Management District (―SFWMD‖) or Army Corps of Engineers (―ACOE‖).




                                                 22
        5.11   To the greatest extent possible, current wetlands shall be part of the stormwater

management system. This stormwater management system shall be carefully designed to provide

a natural hydroperiod to all preserved wetlands. Structures within this system shall be

constructed to accomplish hydroperiod manipulation if necessary. Unless otherwise approved by

the SFWMD, a fifty (50) foot buffer area shall be established around all retained wetlands, and

the twenty-five (25) feet of the buffer area closest to the wetlands shall remain in its natural state.

No impervious surfaces shall be constructed in the next twenty-five (25) feet of the buffer area

except swimming pools and recreational paths. Stormwater management systems, as provided in

Condition 5.16 may be located within the fifty (50) foot buffer area. Lot lines may be platted to

the edge of the wetlands, but restrictive covenants shall be recorded imposing these restrictions.

        No impacts will be made to any wetland until all applicable permits have been issued by

the agencies having permitting jurisdiction. Any wetland preservation areas shall conform to

permits issued by the SFWMD and ACOE.

        5.12   The Developer or its successors shall assure the identification of all hazardous

materials/wastes stored or generated on the Project site, to include types, volumes, handling

procedures, storage techniques, and disposal methods, with the information being furnished to

FDEP.

        5.13   The Developer shall develop, in coordination with FDEP, a Hazardous Materials

Management Plan to assure the implementation of proper hazardous materials/waste

management and disposal procedures, including provisions to assure the availability of sufficient

financial resources and the initiation of actions for the prompt and effective containment and

cleanup of hazardous substances subsequent to a spill or contamination episode.




                                                  23
       5.14    The sampling schedule during the initial year of the Background Water Quality

Monitoring Program specified in the ADA shall be as follows:

                     -   One sample taken between January 1 and February 28;
                     -   One sample taken between March 1 and May 31;
                     -   One sample taken each month during June, July, August, September, and
                         October;
                     -   One sample taken between November 1 and December 31

               Sampling activities shall coincide with rainfall-runoff episodes, with samples

being collected through the duration of at least four seasonal episodes.

       5.15    The Developer or its successors shall provide for the continuation of the initial

one-year Background Monitoring Program, with the ongoing water quality monitoring consisting

of the following components:

               (A)       Surface water sampling sites shall be located at all existing and new

outfalls where surface waters exit the Project site.

               (B)       Water quality samples and flow measurements shall be collected at least

four times annually on a seasonal basis, commencing at the end of the initial one-year program,

and continuing to at least four years after construction buildout.

               (C)       Water quality parameters to be measured shall be determined by the

SFWMD, with input from the City. However, the selected parameters shall be sufficient to

provide a determination of water quality conditions, changes, and probable sources of

contamination, if such are discovered. Collected data shall be furnished to the City, the SFWMD,

and the FDEP (Orlando Office). Adjustments shall be made to the list of parameters (and

sampling locations if necessary) in response to the specific types of hazardous materials being

handled by individual retail/industrial activities on the Project site on an annual basis.

       5.16    The minimum distance between the edges of each stormwater retention/detention

pond and adjacent wetland shall be as determined in permits issued by the SFWMD.


                                                 24
       5.17     The Developer shall establish a management entity with the responsibility,

authority, and capability to ensure the proper operation and maintenance of all components of the

stormwater, wastewater, and water quality management systems within the Lake Nona Project

boundaries, including the ability to assess fees against individual parcel owners for operating,

maintaining and managing the entire system, or agree to the establishment of such an entity by

the City.

       5.18     The Developer shall ensure a mix of housing to include housing affordable to a

majority of the work force employed at locations in Lake Nona. The Developer shall evaluate its

success toward meeting this goal and shall identify additional measures to address shortcomings

by the end of the development of Phase II.

       5.19     For the purpose of the transportation conditions, the Lake Nona Project shall be

divided into the following subphases:


            Average Daily Trips (―ADT‖)

                                 External ADT            External ADT
            Phase                (per phase)             (cumulative)

            Phase I              12,000                  12,000
            Phase II             32,800                  44,800
            Phase IIIa           13,236                  58,036
            Phase IIIb           16,678                  74,714
            Phase IIIc           16,745                  91,459
            Phase IVa            15,485                  106,944
            Phase IVb            15,484                  122,428
            Phase IVc            15,472                  137,900

       5.20     Prior to the initiation of each subphase beyond Phase II as identified in the

previous conditions, a monitoring/modeling program shall be performed to ascertain the Level of

Service (―LOS‖) on facilities where the Lake Nona Project is estimated to contribute an amount

of traffic greater than or equal to ten percent (10%) of the LOS ―C‖ volume. The methodology of



                                                25
the monitoring/modeling program shall be agreed upon by, and the results of the

monitoring/modeling program shall be subject to the approval of the ECFRPC, the City, the

DCA, the Florida Department of Transportation (―FDOT‖) and the Developer. A list of the

facilities may include but shall not be limited to the following:

         Roadway Links (signalized intersections along links shall be included in monitoring and
         traffic analysis)

Narcoossee Road-Hoffner Road (SR15)

         From US 192 to Boggy Creek Road (SR 530)
         From SR 530 to the GreeneWay (SR 417)
         From the GreeneWay (SR 417) to Lake Nona main entrance
         From Lake Nona main entrance to Beeline Expressway (SR 528)
         From Beeline Expressway (SR 528) to Goldenrod Road (SR 551)
         From Goldenrod Road (SR 551) to Semoran Boulevard (SR 436)
         From Semoran Boulevard (SR 436) to Conway Road

Semoran Boulevard (SR 436)

         From Beeline Expressway (SR 528) to Narcoossee Road-Hoffner Road (SR 15)
         From Narcoossee Road-Hoffner Road (SR 15) to Pershing Avenue

Beeline Expressway (SR 528)

         From Alafaya Trail to the GreeneWay (SR 417)
         From the GreeneWay (SR 417) to Narcoossee Road Road (SR 15)
         From Narcoossee Road-Hoffner Road (SR 15) to Semoran Boulevard (SR 436)
         From Semoran Boulevard (SR 436) to Sand Lake Road (SR 482)

Sand Lake Road (SR 482)

         From Beeline Expressway (SR 528) to Orange Avenue (CR 527)
         From Orange Avenue (CR 527) to Orange Blossom Trial (US 441)
         From Orange Blossom Trail (US 441) to John Young Parkway

SR 530

         From Narcoossee Road-Hoffner Road (SR 15) to Boggy Creek Road
         From Boggy Creek Road to US 192

Orange Blossom Trail (US 441)

         From Osceola Parkway to the GreeneWay (SR 417)
         From the GreeneWay (SR 417) to Wetherbee Road


                                                 26
       From Wetherbee Road to Central Florida Parkway
       From Central Florida Parkway to Taft-Vineland Road
       From Taft-Vineland Road to Landstreet Road
       From Landstreet Road to Sand Lake Road (SR 482)
       From Sand Lake Road (SR 482) to Oak Ridge Road

Boggy Creek Road

       From SR 530 to the (GreeneWay (SR 417)
       From the GreeneWay (SR 417) to Wetherbee Road
       From Wetherbee Road to Taft Road
       From Taft-Vineland Road to Fourth Street

Fourth Street

       From Orange Avenue (CR 527) to Boggy Creek Road

Orange Avenue (CR 527)

       From Orange Blossom Trail (US 441) to the GreeneWay (SR 417)
       From the GreeneWay (SR 417) to Wetherbee Road
       From Wetherbee Road to Taft-Vineland Road
       From Taft-Vineland Road to Fourth Street
       From Fourth Street to Landstreet Road
       From Landstreet Road to Sand Lake Road (SR 482)
       From Sand Lake Road (SR 482) to Oak Ridge Road

Central Florida GreeneWay (SR 417)

       From Orange Avenue (CR 527) to Boggy Creek Road
       From Boggy Creek Road to Narcoossee Road-Hoffner Road (SR 15)
       From Narcoossee Road-Hoffner Road (SR 15) to Beeline Expressway (SR 528)
       From Beeline Expressway (SR528) to first exit north
       From I-4 to John Young Parkway
       From John Young Parkway to Orange Blossom Trail (441)
       From Orange Blossom Trail (US 441) to Florida Turnpike
       From Florida Turnpike to Orange Avenue (CR 527)

Taft—Vineland Road

       From Orange Avenue (CR 527) to Orange Blossom Trail (441)

Wetherbee Road

       From Orange Avenue (CR 527) to eastern terminus




                                            27
Goldenrod Road (SR 551)

       From Hoffner Road to Pershing Avenue

       5.21    The Lake Nona Project shall not commence beyond Phase II or beyond an

equivalent of 44,800 external ADT where LOS is below the adopted LOS at peak hour and the

Project contributes to ten percent (10%) or greater to the capacity of the roadway or intersection

at LOS ―C,‖ as determined by the monitoring program required in the preceding condition,

unless mitigation measures and/or improvements are secured and committed to occur during the

next phase of development. See Condition 5.19. This Third Amended and Restated Development

Order shall be further amended to reflect any roadway improvements necessary to mitigate

Project impacts as identified in the monitoring/modeling program.

               The provisions stated above shall also be applied immediately prior to reaching

the external trip generation of each subphase beyond Phase II specified in the preceding

conditions. The Developer shall also demonstrate to the satisfaction of the City and the ECFRPC

that the final stage of development, equivalent to an additional 15,472 external ADT and 137,900

cumulative external ADT, will not adversely affect service levels (below the adopted LOS at

peak hour), where the Project contributes ten percent (10%) or greater to the capacity of the

roadway or intersection at LOS ―C,‖ or demonstrate that the necessary improvements are

committed to occur during that final phase. Otherwise, further building permits shall not be

issued by the City.

               This condition may be satisfied on a road by road basis, at such time as

comprehensive transportation impact fee ordinances, an interlocal agreement, or similar

mechanism is adopted which will assure that the objectives and intent of the condition are met.




                                               28
       5.22    The Developer shall fund the construction of left- and right-turn deceleration

lanes at all Project entrances when they are created, except (i) the entrances on Narcoossee Road

which have been or are being constructed as part of the City’s improvements to Narcoossee

Road, and (ii) the entrances on Boggy Creek Road constructed by FDOT and/or the OOCEA.

The Developer shall contribute its fair share to the cost of signalization at Project entrances,

when deemed warranted by the appropriate governmental entity; provided, however, the

Developer shall not be required to contribute to the cost of signalization at the intersection of

Narcoossee Road and Lake Nona Road. The Developer shall design, permit and install at its cost

and without impact fee credits any signalization that may be warranted at the intersection of two

on-site roads constructed by the Developer. The Developer will, however, be eligible for impact

fee credits for the cost of signalization relating to any on-site four-lane road, if authorized under

the provisions of Chapter 56 of the Orlando City Code. Access to all regional roadways shall be

limited to the maximum extent possible, in order to maximize through traffic movement.

       5.23    Bicycle lanes, bicycle lockers or bicycle racks, transit passenger shelters and

transit parking bays, shall be constructed where necessary to augment and facilitate the opera-

tions of off-site transit and bicycle facilities. Furthermore, the Developer shall make known to

tenants that the Orlando area has an existing ridesharing coordinator or include covenants which

will require tenants or future landowners to collectively hire and manage a ridesharing

coordinator when employment levels within the Lake Nona Project reach four thousand (4,000)

employees. In lieu of hiring a ridesharing coordinator, the Developer may enter into an

agreement with LYNX, which would ensure that companies within Lake Nona participate in the

LYNX ridesharing program. This option shall be in effect immediately. If no agreement has been

reached prior to reaching an employment level of four thousand (4,000), then the Developer shall




                                                 29
be required to fulfill the original requirement. The person will be responsible for coordinating

with the LYNX ridesharing program, conducting ridesharing campaigns within the Project,

publicizing, processing applications, and distributing information (including transit information).


6.     COMMUNITY DEVELOPMENT DISTRICTS

       The Developer may establish one or more Community Development Districts within the

Lake Nona DRI/PD, pursuant to Chapter 190, Florida Statutes. Any Community Development

District within the Lake Nona DRI/PD approved pursuant to Chapter 190, Florida Statutes, may

finance, fund, plan, establish, acquire, construct or reconstruct, enlarge or extend, equip, operate

and maintain systems and facilities for the purposes described in Section 190.012, Florida

Statutes, including, but not limited to, any transportation improvement set forth in this Third

Amended and Restated Development Order. If the Developer is required by this Third Amended

and Restated Development Order to provide or fund infrastructure construction, dedication, and

maintenance obligations, then a Community Development District independently may satisfy

such obligations. To the extent any such obligation under this Third Amended and Restated

Development Order is met or performed by a Community Development District, then the

Developer shall no longer be subject to the obligation. Any contribution of land, money

(including fair share payments), or improvements funded or constructed with funds from a

Community Development District may be eligible for impact fee credits as described in this

Third Amended and Restated Development Order and such impact fee credits may be established

in the name of the particular Community Development District that has funded or constructed

such improvements.


7.     LOCAL MONITORING




                                                30
       7.1     The City shall be responsible for monitoring the development and enforcing the

provisions of this Third Amended and Restated Development Order. The City shall not issue any

permits or approvals or provide any extensions of services if the Developer fails to act in

substantial compliance with this Third Amended and Restated Development Order.

       7.2     The established review and approval process for review of development pursuant

to the provisions of the City’s Land Development Code constitute monitoring procedures for

assuring compliance with this Third Amended and Restated Development Order, as specified in

Section 380.06(15)(c)1, Florida Statutes. The local official responsible for assuring compliance

by the Developer with this Third Amended and Restated Development Order shall be the

Planning Official of the City or his designee.


8.     COMPLIANCE DATES

       The Developer and the City estimate that approximately thirty-two (32) years from

issuance of the 1988 Development Order will be required to complete the development described

in this Third Amended and Restated Development Order. Accordingly, this Third Amended and

Restated Development Order shall terminate on December 31, 2020 unless further extensions are

approved pursuant to Subsection 380.06(19)(c), Florida Statutes, as it may be amended from

time to time, or in accordance with alternative procedures that may be applicable under the

City’s ―Sustainable Community‖ designation or other provisions of law.


9.     DOWN ZONING, UNIT DENSITY REDUCTION OR INTENSITY REDUCTION

       Until December 31, 2020, the approved development described in this Third Amended

and Restated Development Order shall not be subject to down zoning, unit density reduction or

intensity reduction unless the City can demonstrate that substantial changes in the conditions

underlying the approval of the 1988 Development Order or this Third Amended and Restated


                                                 31
Development Order have occurred, or that this Third Amended and Restated Development Order

was based upon substantially inaccurate information provided by the Developer, or that the

change is clearly established by the City to be essential to the public health, safety or welfare.


10.    BIENNIAL REPORTING REQUIREMENT

       10.1    The Developer shall submit a biennial report on or before March 1st of every

other year following the effective date of the Second Amended and Restated Development Order

and throughout the term of this Third Amended and Restated Development Order. The biennial

report shall be submitted on the appropriate form to the City, the ECFRPC, the DCA, Bureau of

Land and Water Management, and all affected permit agencies. The contents of the biennial

report shall comply with the relevant conditions of approval of this Third Amended and Restated

Development Order, Section 380.06(18), Florida Statutes, and Rule 9J-2.025(7), Florida

Administrative Code, including the following:

               (A)     Any changes in the plan of development, or in the representations

contained in the ADA, as modified by this Third Amended and Restated Development Order, or

in the phasing for the reporting year and for the next year;

               (B)     A summary comparison of development activity proposed and actually

conducted for the year;

               (C)     Undeveloped tracts of land, other than individual single-family lots, that

have been sold to a separate entity or developer;

               (D)     Identification and intended use of lands purchased, leased or optioned by

the Developer adjacent to the original DRI site since the 1988 Development Order was issued;

               (E)     An assessment of the Developer’s and the City’s compliance with the

conditions of approval contained in the DRI Development Order, as amended, and the



                                                 32
commitments which are contained in the ADA and which have been identified by the City, the

ECFRPC, or the DCA as being significant;

               (F)     Any known incremental DRI applications for development approval or

requests for a substantial deviation determination that were filed in the reporting year and to be

filed during the next year;

               (G)     An indication of a change, if any, in local government’s jurisdiction for

any portion of the development since the 1988 Development Order was issued;

               (H)     A list of significant local, state and federal permits which have been

obtained or which are pending by agency, type of permit, permit number and purpose of each;

               (I)     A statement that all persons have been sent copies of the biennial report in

conformance with Subsections 380.06(15) and (18), Florida Statutes; and

               (J)     A copy of any recorded notice of the adoption of a development order or

the subsequent modifications of an adopted development order that was recorded by the

Developer pursuant to Subsection 380.06(15)(f), Florida Statutes.

       10.2    If the City does not receive the biennial report or receives notification that the

ECFRPC, the DCA, Bureau of Land and Water Management, or any affected permit agency has

not received a report, the City shall request in writing that the Developer submit the report within

thirty (30) days. The failure to submit the report after thirty (30) days shall result in the

temporary suspension of this Third Amended and Restated Development Order by the City.

11.    SUBSTANTIAL DEVIATIONS

       11.1    No change shall be made to this Third Amended and Restated Development Order

or to the approved land uses, unless and until the City has approved and authorized the change.




                                                33
       11.2    The Developer shall fully comply with Section 380.06(19), Florida Statutes,

regarding ―substantial deviations,‖ unless alternative procedures are applicable under the City’s

―Sustainable Community‖ designation or other provisions of law.

12.    RECORDING

       This Third Amended and Restated Development Order shall be recorded by the

Developer in accordance with Section 28.222, Florida Statutes, with the Clerk of the Circuit

Court for Orange County, Florida, at the Developer’s expense, immediately after the effective

date of this Third Amended and Restated Development Order. The recording of this Third

Amended and Restated Development Order shall serve as the notice described in Subsection

380.06(15)(f), Florida Statutes, and shall not constitute a lien, cloud, or encumbrance on the

property, or actual or constructive notice of any such lien, cloud, or encumbrance.


13.    BINDING EFFECT

       This Third Amended and Restated Development Order is binding upon the Lake Nona

DRI/PD, and the conditions of approval contained herein apply to and control all further

development of the Lake Nona DRI/PD.


14.    EFFECTIVE DATE

       This Third Amended and Restated Development Order shall take effect upon transmittal

by first class U.S. Mail to and ECFRPC, and the DCA, Bureau of Land and Water Management.


       ADOPTED THIS                   DAY OF                         2005.




                                                34
                                                           ___________________________________

                                                           Mayor/Pro Tem______________________
ATTEST:

_____________________________
Alana C. Brenner, City Clerk
                                                           APPROVED AS TO FORM AND LEGALITY
                                                           for the use and reliance of the
                                                           City of Orlando, Florida, only.
                                                           _________________________________, 2005.

                                                           ______________________________________
                                                           Assistant City Attorney


                                                                  LAKE NONA PROPERTY
                                                                  HOLDINGS, LLC,
Witnesses:                                                        a Florida limited liability company

                                                                  By:
                                                                  Christopher Anand

(Print Name)                                                      Its:




(Print Name)

STATE OF FLORIDA                       )
COUNTYOFORANGE                         )

       SWORN to and subscribed freely and voluntarily for the purposes therein expressed
before me by Christopher Anand, as                              of Lake Nona Property
Holdings, LLC, a Florida limited liability company, known to me to be the person described in
and who executed the foregoing, this         day of             2005.
            WITNESS my hand and official seal in the County and State last aforesaid this
day of               , 2005.
                                                                      ___________________________________
                                                                      Printed Notary Name: _________________
                                                                      Notary Public – State of Florida
                                                                      My Commission No.:
                                                                      Commission Expires:
H:\161\Karen Consalo\Orders and Resolutions\Lake Nona Third DRI.DOC




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