HomeMy WebLinkAboutWinter Springs Retirement Residence, LLC Developer's Agreement - 2018 01 22'Hill
THIS INSTRUMENT WAS PREPARED BY
AND SHOULD BE RETURNED TO:
Anthony Garganese
City Attorney of Winter Springs
Garganese, Weiss, D'Agresta & Salzman, P.A.
111 N. Orange Avenue, Suite 2000
Orlando, FL 32802
(407)425-9566
FOR RECORDING DEPARTMENT USE ONLY
DEVELOPER'S AGREEMENT
THIS DEVELOPER'S AGREEMENT (the "Agreement") is made and executed this
22nd day of January, 2018 by and between the CITY OF WINTER SPRINGS, a Florida
Municipal Corporation (the "City"), whose address is 1126 East S.R. 434, Winter Springs,
Florida 32708, and WINTER SPRINGS RETIREMENT RESIDENCE LLC, a Washington
limited liability company ("Developer"), whose address is 9310 NE Vancouver Mall Drive, Suite
200, Vancouver, Washington 98662.
WITNESSETH:
WHEREAS, this Agreement is related to certain real property located in Seminole
County, Florida, on the south side of East State Road 434 adjacent to the Cross Seminole Trail
Bridge, Winter Springs, Florida, being a part of tax parcel identification number 26-20-30-5AR-
OA00-008H, and more particularly legally described on EXHIBIT "A", which is hereby fully
incorporated herein by this reference (the "Property"); and
WHEREAS, the Property is currently designated Town Center on the City's Zoning Map
and Future Land Use Map with a T5 transect designation; and
WHEREAS, the Developer desires to purchase the Property and construct a 145 unit
adult congregate living facility, as more specifically described herein; and
WHEREAS, in furtherance of this desire, the Developer has obtained four special
exceptions for an adult congregate living facility, as initially approved by the City Commission
on June 8, 2015, which approvals have been extended in accordance with this Agreement, and
has also filed with the City several development permit applications seeking approval of final
engineering plans and aesthetic review for the proposed adult congregate living facility which is
generally described above; and
WHEREAS, in furtherance of the special exceptions and development unique to the
Project (defined in Section 4.0 below), the City Commission desires to now approve the pending
final engineering and aesthetic review applications which were specifically submitted by the
Developer's Agreement
City of Winter Springs and Winter Springs Retirement Residence LLC
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Developer and to address other development related issues, all pursuant to the terms and
conditions set forth under this Agreement; and
NOW THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties mutually agree as follows:
1.0 Recitals: Effective Date. The foregoing recitals are true and correct and are
hereby incorporated herein by this reference. The Effective Date of this Agreement shall be the
date on which the last party hereto timely and fully executes this Agreement ("Effective Date"),
subject to the terms of Section 14.0 below.
2.0 Authority. This Agreement is entered into pursuant to the Florida Municipal
Home Rule Powers Act.
3.0 Acquisition of Property. Developer anticipates purchasing the Property
within one (1) year of the Effective Date of this Agreement. Developer may request a three (3)
month extension of this time period upon written request to the City. The extension will not be
unreasonably withheld for good cause shown by the Developer. If Developer fails to complete
the purchase within said time period (as may be extended by the City), this Agreement shall
automatically be deemed null and void and terminated. Upon closing on the Property, the
Developer shall promptly provide written notice of said closing to the City no later than two (2)
business days after closing so the City can record this Agreement pursuant to Section 15 of this
Agreement.
4.0 Project Description. Upon purchase of the Property, the City and Developer
agree that the Property shall be developed as an adult congregate living facility, intended and
operated for occupancy by persons 55 years of age or older subject to safe harbor provisions
under law (commonly referred to, without limitation, as "Housing for Older Persons" under Title
VIII of the Civil Rights Act of 1968, as amended by the Fair Housing Amendments Act of 1988,
as further amended by the Housing for Older Persons Act of 1995, 42 U.S.C. Section 3601, et.
seq., as may be further amended, and under Florida's Fair Housing Act, Florida Statute Section
760.20 (2017), et. seq., as may be amended), consisting of a maximum of 145 separate rentable
units, operations related manager unit and separate co -manager unit, and common amenities
(collectively, the "Project"). Development of the Property shall be in conformance with
applicable law and the Preliminary/Final Site Plan Winter Springs Retirement Residence
prepared by Tillman & Associates, Inc., dated December 8, 2017, and approved by the City
Commission on January 22, 2018 ("Final Engineering Plans") and Aesthetic Review Package
submitted to the City by the Developer and approved by the City Commission on January 22,
2018 (collectively, "Development Plans"). A true and exact copy of the Development Plans, as
may be amended from time to time pursuant to the Winter Springs City Code ("City Code"),
shall be maintained at City Hall and shall hereby be deemed fully incorporated herein by this
reference. Once Development Plans, individually or collectively, are amended in accordance
with City Code, should amendments ever occur, the Development Plans as amended shall control
over any conflict with the terms of this Agreement. For purposes of clarity, amendments to the
Development Plans pursuant to City Code shall not require an amendment to this Agreement.
Developer's Agreement
City of Winter Springs and Winter Springs Retirement Residence LLC
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5.0 Utilities.
The City confirms that as of the Effective Date of this Agreement, sufficient plant
capacity exists to service the Project with water and sewer service. The Project, if developed in
accordance with the applicable provisions of the City Comprehensive Plan, City Code and this
Agreement, satisfies and is fully vested against concurrency requirements for sewer, potable
water, reclaimed water and transportation as described in the City Code and Comprehensive
Plan.
6.0 Additional Development Conditions. Development of the Property shall also
be subject to the following additional conditions:
A. Reimbursement of Waterline Across SR 434. Concurrently with the construction
of the Project by the Developer, the City has requested and the Developer agrees to construct a
water line which will be extended from the south side of S.R. 434 to the north side of S.R. 434 as
depicted on the Final Engineering Plans. Upon completion and acceptance by the City, the
Developer shall convey the water main to the City by bill of sale. Acceptance by the City shall
not be unreasonably withheld or delayed. The City shall reimburse the Developer all costs and
expenses incurred by the Developer in the design, engineering, permitting and construction of
the water line, not to exceed $ 40,000.00 within a reasonable time after City's acceptance of the
same, not to exceed thirty (30) days.
B. Lift Station. Developer shall be required to construct a lift station facility on the
portion of the Property identified on the Final Engineering Plans at the Developer's expense.
Upon completion and final acceptance by the City, the lift station facility shall be conveyed to
the City by bill of sale and the City agrees to maintain the facilities in perpetuity. However, the
portion of Property on which the lift station facility is constructed shall remain owned by the
Developer. Acceptance by the City shall not be unreasonably withheld or delayed. The
Developer shall grant the City a lift station easement in a form reasonably acceptable to the City
Attorney.
C. Stormwater Facilities. All stormwater facilities shall be constructed by Developer
for the Project on the Property at the Developer's expense. The stormwater facilities shall be
owned and maintained in perpetuity by the then present owner of the Property. However, the
Developer shall grant the City an emergency access and maintenance easement upon all
stormwater ponds and areas which grants the City the right to conduct inspections and
emergency operation and maintenance. The easement shall be prepared in a form reasonably
acceptable to the City Attorney.
D. Dedication of Michael Blake Boulevard Extension. Developer shall be required
to construct the extension of Michael Blake Boulevard, at its expense, as reflected on the Final
Engineering Plans ("Roadway Improvements"). This right-of-way shall be dedicated to the City
in a form reasonably acceptable to the City Attorney and within a reasonable time of the City
requesting the dedication in writing. If such dedication is requested before construction has been
completed, the City agrees to grant Developer a use agreement to complete construction of the
improvements in the right of way. After completion of the construction of this right-of-way
substantially in accordance with the Final Engineering Plans, as certified by a registered Florida
Developer's Agreement
City of Winter Springs and Winter Springs Retirement Residence LLC
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professional engineer, request shall be made by Developer to the City Commission for
acceptance of the roadway construction, which acceptance shall not be unreasonably withheld or
delayed. All such land conveyances shall be by a recorded deed and be free and clear of all
encumbrances that would prohibit use of the same as a public road. Conveyance of
improvements shall be by bill of sale and free and clear of all liens that would prohibit use of the
improvements for their intended purposes. The deed of conveyance (as the case may be) and bill
of sale shall be in a form reasonably acceptable to the City Attorney.
E. Conveyances. The City acknowledges and agrees that the conveyances of the
Roadway Improvements and utilities are being conveyed for a public purpose and necessity (in
lieu of condemnation) and, accordingly, such conveyances are exempt from documentary stamp
taxes. The City shall be responsible for all closing costs, except that the Developer shall be
responsible for any costs related to clearing or remedying any defects of title or encumbrances
that prohibit use of the roadway as public road and improvements for their intended purposes.
7.0 Offsite Improvements/Contribution of Lands. The City and Developer agree
that all required onsite and offsite improvements are shown on the Final Engineering Plans.
8.0 Representations of the Parties. The City and Developer hereby each represent
and warrant to the other that it has the power and authority to execute, deliver and perform the
terms and provisions of this Agreement and has taken all necessary action to authorize the
execution, delivery and performance of this Agreement. This Agreement will, when duly
executed and delivered by the City and Developer and recorded in the Public Records of
Seminole County, Florida, constitute a legal, valid and binding obligation enforceable against the
parties hereto, and when recorded as permitted by this Agreement, against the Property in
accordance with the terms and conditions of this Agreement. Developer represents that it has
voluntarily and willfully executed this Agreement for purposes of binding the Property to the
terms and conditions set forth in this Agreement.
9.0 Successors and Assigns. Upon being recorded in the Public Records of Seminole
County, Florida, this Agreement shall automatically be binding upon and shall inure to the
benefit of the City and Developer and their respective successors and assigns. The terms and
conditions of this Agreement similarly shall be binding upon the Property and shall run with title
to the same.
10.0 Applicable Law; Venue. This Agreement shall be governed by and construed in
accordance with the laws of the State of Florida. The parties agree that venue shall be
exclusively in Seminole County, Florida, for all state disputes or actions which arise out of or are
based upon this Agreement, and in Orlando, Florida, for all federal disputes or actions which
arise out of or are based upon this Agreement.
11.0 Amendments. This Agreement shall not be modified or amended except by
written agreement duly executed by both parties hereto (or their successors or assigns) and
approved by the City Commission.
12.0 Entire Agreement; Exhibits. This Agreement and all attached exhibits hereto
supersedes any other agreement, oral or written, regarding the Property and contains the entire
Developer's Agreement
City of Winter Springs and Winter Springs Retirement Residence LLC
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agreement between the City and Developer as to the subject matter hereof. The Exhibits
attached hereto and referenced herein are hereby fully incorporated herein by this reference.
13.0 Severability. If any provision of this Agreement shall be held to be invalid or
unenforceable to any extent by a court of competent jurisdiction, the same shall not affect in any
respect the validity or enforceability of the remainder of this Agreement.
14.0 Execution of Agreement; Effective Date; Escrow Pending Recordation. This
Agreement shall be fully executed by the parties no later than sixty (60) days after it is approved
by the City Commission. This Agreement shall become effective upon approval by the City
Commission and execution of this Agreement by both parties hereto. Upon execution of this
Agreement by the parties, the term of the four special exceptions obtained by the Developer for
an adult congregate living facility, as initially approved by the City Commission on June 8, 2015,
are hereby extended to coincide with the term of this Agreement. Pending the Developer's
closing on the Property and recordation of this Agreement pursuant to Section 15.0 of this
Agreement, the City Attorney shall hold the fully executed, original Agreement in escrow on
behalf of the Parties until such time the Agreement is required to be recorded pursuant to Section
15.0.
15.0 Recordation. At such time Developer notifies the City that it has closed on the
Property, as contemplated by Section 3.0 of this Agreement, this Agreement shall be recorded,
without further notice or consent of the Parties, by the City Attorney in the Public Records of
Seminole County, Florida, and said Agreement shall then run with and be binding upon the
Property. This Agreement shall not be recorded unless Developer closes on the acquisition of the
Property.
16.0 Joinders of Mortgage Holders. To the extent applicable, the Developer shall
be required to obtain a written joinder from all mortgage holders that may have a recorded
mortgage upon the Property prior to the date that this Agreement is recorded on the Property.
The joinder shall be in recordable form and shall evidence the mortgage holder's consent that the
terms and conditions of this Agreement shall survive any foreclosure of their respective
mortgage recorded against the Property. A copy of the recorded joinder shall be promptly
delivered to the City upon recordation or upon request by the City.
17.0 Relationship of the Parties. The relationship of the parties to this Agreement is
contractual and Developer is an independent contractor and not an agent of the City. Nothing
herein shall be deemed to create a joint venture or principal -agent relationship between the
parties, and neither party is authorized to, nor shall either party act toward third persons or the
public in any manner, which would indicate any such relationship with the other.
18.0 Sovereign Immunity. Notwithstanding any other provision set forth in this
Agreement, nothing contained in this Agreement shall be construed as a waiver of the City's
right to sovereign immunity under Section 768.28, or other limitations imposed on the City's
potential liability under state or federal law. As such, the City shall not be liable, under this
Agreement for punitive damages or interest for the period before judgment. Further, the City
shall not be liable for any claim or judgment, or portion thereof, to any one person for more than
two hundred thousand dollars ($200,000.00), or any claim or judgment, or portion thereof,
Developer's Agreement
City of Winter Springs and Winter Springs Retirement Residence LLC
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which, when totaled with all other claims or judgments paid by the State or its agencies and
subdivisions arising out of the same incident or occurrence, exceeds the sum of three hundred
thousand dollars ($300,000.00).
19.0 City's Police Power. Developer agrees and acknowledges that the City hereby
reserves all police powers granted to the City by law. In no way shall this Agreement be
construed as the City bargaining away or surrendering its police powers.
20.0 Interpretation. The parties hereby agree and acknowledge that they have both
participated equally in the drafting of this Agreement and no party shall be favored or disfavored
regarding the interpretation to this Agreement in the event of a dispute between the parties.
21.0 Third -Party Rights. This Agreement is not a third -party beneficiary contract and
shall not in any way whatsoever create any rights on behalf of any third party.
22.0 Specific Performance. Strict compliance shall be required with each and every
provision of this Agreement. The parties agree that failure to perform the obligations provided
by this Agreement shall result in irreparable damage and that specific performance of these
obligations may be obtained by a suit in equity.
23.0 Attorney's Fees. In connection with any arbitration or litigation arising out of
this Agreement, each party agrees to bear their own attorney's fees and costs.
24.0 Development Permits. Nothing herein shall limit the City's authority to grant or
deny any development permit applications or requests subsequent to the Effective Date of this
Agreement. The failure of this Agreement to address any particular City, County, State and/or
Federal permit, condition, term or restriction shall not relieve Developer or the City of the
necessity of complying with the law governing said permitting requirement, condition, term or
restriction. Without imposing any limitation on the City's police powers, the City reserves the
right to withhold, suspend, or terminate any and all certificates of occupancy for any building or
unit if Developer is in material breach of any term and condition of this Agreement until the
material breach is cured.
25.0 Default; Opportunity to Cure. Should either party desire to declare the other
party in default of any term and condition of this Agreement, the non -defaulting party shall
provide the defaulting party a written notice of default. The written notice shall, at a minimum,
state with particularity the nature of the default, the manner in which the default can be cured,
and a reasonable time period of not less than thirty (30) days in which the default must be cured.
No action may be taken in a court of law on the basis that a breach of this Agreement has
occurred until such time as the requirements of this paragraph have been satisfied.
26.0 Termination. The Developer acknowledges and agrees that the Development
Plans and this Agreement were approved by the City Commission based on conditions that
existed upon the Effective Date. As such, the City shall have the unconditional right, but not
obligation, to terminate this Agreement, without notice or penalty, if Developer fails to receive
building permits and substantially commence construction of the development project within
eighteen (18) months after this Agreement is recorded in the public records of Seminole County
Developer's Agreement
City of Winter Springs and Winter Springs Retirement Residence LLC
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as required by Section 15.0 of this Agreement. The term "substantially commence construction
of the development project" means completion of lot clearing and surveying and substantial
construction of infrastructure required to support any building improvements, but not vertical
construction of any building improvements. In addition, the City shall have the right, but not
obligation, to terminate the Agreement if Developer permanently abandons construction of the
development project, provided, however, the City shall first deliver written notice and an
opportunity to cure as set forth in Paragraph 25.0 herein. If the City terminates this Agreement,
the City shall record a notice of termination in the public records of Seminole County, Florida.
27.0 Notices. Any notice required or allowed to be delivered hereunder shall be in
writing and shall be deemed to be delivered when: (a) hand delivered to the official hereinafter
designated, or (b) upon receipt of such notice, when deposited in the United States mail, postage
prepaid, certified or registered mail, return receipt requested, or (c) one day after deposit with a
nationally recognized overnight courier services, e.g. Federal Express, United Parcel Service,
Airborne, Express Mail, etc., addressed to a party at the other address specified below or from
time to time by written notice to the other party delivered in accordance herewith.
Developer Winter Springs Retirement Residence LLC
9310 NE Vancouver Mall Dr.
Suite 2000
Vancouver, WA 98662
Attn: R . G oi.4 S
With copy to: Charles B. Costar, I11, Esq.
Shutts & Bowen LLP
300 South Orange Avenue
Suite 1600
Orlando, FL 32801
(407) 423-3200
City: Kevin Smith
City Manager
City of Winter Springs
1126 East State Road 434
Winter Springs, FL 32708
Telephone: (407) 327-5957
Fax: (407) 327-4753
With a copy to: Anthony A. Garganese, Esq.
Garganese, Weiss, D'Agresta & Salzman, P.A.
111 N. Orange Avenue, Suite 2000
Orlando, FL 32801
Phone: (407) 425-9566
Fax: (407) 425-9596
Developer's Agreement
City of Winter Springs and Winter Springs Retirement Residence LLC
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28.0 Force Maieure. The parties agree that in the event that the failure by either party
to accomplish any action required hereunder within a specified time period ("Time Period")
constitutes a default under the terms of this Agreement and, if any such failure is due to any
unforeseeable or unpredictable event or condition beyond the control of such party, including,
but not limited to, acts of God, acts of government authority (other than the City's own acts as to
a claim by the City for force majeure), acts of public enemy or war, riots, civil disturbances,
power failure, shortages of labor or materials, injunction or other court proceedings beyond the
control of such party, or severe adverse weather conditions ("Uncontrollable Event"), then,
notwithstanding any provision of this Agreement to the contrary, that failure shall not constitute
a default under this Agreement and any Time Period proscribed hereunder shall be extended by
the amount of time that such party was unable to perform solely due to the Uncontrollable Event.
The extended time period shall be agreed to in writing by the parties and said agreement shall not
be unreasonably withheld by either party.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seal on the
date first above written.
ATTEST:
By: i
,orenzo Luaces, City Clerk
CITY SEAL
CITY OF WINTER SPRINGS
By:AV
Charles Lacey, ay
APPROVED AS TO FORM AND LEGALITY
For the use and reliance of the City of Winter Springs,
Florida only.
Date:
x/13 r?
By:
Anthony A. Garganese, City Attorney for
the City of Winter Springs, Florida
Developer's Agreement
City of Winter Springs and Winter Springs Retirement Residence LLC
Page 8 of 13
Signed, sealed and delivered in the
pr en of the following witnesses:
Si to e f Witness`►
V!T S�fANS0�1
Printed Name of Witness
Si tare of Witness
SAM\E �jbQv'f�
Printed Name of Witness
STATE OF W
COUNTY OF
WINTER SPRINGS RETIREMENT
RESIDENCE LLC, a Washington limited liability
company
By: Hawthorn IL Propco LP, a Delaware limited
partnership, its manager
By: CP HRG IL REIT, LLC, its soleeg neral
ap rtner
Name: Alan Spragins
Date: Chief Operating Officer
The foregoing instrument was acknowledged before me this Z,(n day of
2018, Alan Spragins, as Chief Operating Officer of CP HRG IL REIT, LLC, sole
general partner of Hawthorn IL Propco LP, a Delaware limited partnership, manager of Winter
Springs Retirement Residence LLC a Washington limited liability company, on behalf of said
company. He is personally known to me or produced
as identification.
(NOTARY SEAL)
YASAMINE FIROOZI
Notary Public
State of Washington
My Appointment Expires Jul 30, 2020
moran�tterrc �ignamrei�
(Print Name)
Notary Public, State of
CommissionNo.: l $(o(.OG",
My Commission Expires: 3u L,,, Lc�
DEVELOPER IS HEREBY ADVISED THAT SHOULD DEVELOPER FAIL TO
FULLY EXECUTE, AND DELIVER TO THE CITY, THIS AGREEMENT WITHIN
SIXTY (60) DAYS FROM THE DATE THAT THE CITY COMMISSION APPROVES
THIS AGREEMENT, THIS AGREEMENT, AND THE DEVELOPMENT PERMIT
APPROVALS REFERENCED HEREUNDER, SHALL AUTOMATICALLY BE
DEEMED NULL AND VOID.
Developer's Agreement
City of Winter Springs and Winter Springs Retirement Residence LLC
Page 9 of 13
EXHIBIT "A"
Parcel 1:
THAT PART OF LOT 8 BLOCK "A", D.R. MITCHELL'S SURVEY OF THE LEVY GRANT
AS RECORDED IN PLAT BOOK 1, PAGE 5 OF THE PUBLIC RECORDS OF SEMINOLE
COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHWESTERN MOST CORNER OF LOT 31 ST. JOHNS
LANDING AS RECORDED IN PLAT BOOK 53, PAGES 45 THRU 49 OF SAID PUBLIC
RECORDS, SAID POINT BEING A RECOVERED CONCRETE MONUMENT ON THE
EASTERLY RIGHT OF WAY LINE OF TUSKAWILLA ROAD (FORMERLY BRANTLEY
AVENUE) AS RECORDED IN OFFICIAL RECORDS BOOK 3225, PAGE 1829 OF SAID
PUBLIC RECORDS; THENCE RUN NORTH 59°31'38" WEST ALONG THE WESTERLY
PROLONGATION OF THE SOUTH LINE OF SAID LOT 31 FOR A DISTANCE OF 15.00
FEET; THENCE RUN SOUTH 30°04'55" WEST ALONG SAID EASTERLY RIGHT OF
WAY LINE FOR A DISTANCE OF 5.00 FEET; THENCE CONTINUE SOUTH 30°04'55"
WEST A DISTANCE OF 35.00 FEET; THENCE S 59°31'38" E, A DISTANCE OF 1132.34
FEET TO THE POINT OF CURVATURE OF A CURVE TO THE RIGHT HAVING A
RADIUS OF 150.00 FEET; THENCE RUN SOUTHEASTERLY ALONG THE ARC OF SAID
CURVE THROUGH A CENTRAL ANGLE AT 60036'00" FOR AN ARC DISTANCE OF
158.65 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 01'04'22" WEST A
DISTANCE AT 146.91 FEET; THENCE SOUTH 24°59'41 "W, A DISTANCE OF 318.72
FEET; THENCE SOUTH 00°00'00" EAST A DISTANCE OF 115.48 FEET; THENCE SOUTH
36°55'21" EAST A DISTANCE OF 217.54 FEET; THENCE SOUTH 15°19'53" EAST A
DISTANCE OF 140.49 FEET; THENCE SOUTH 02°23'00 WEST A DISTANCE OF 556.34
FEET; THENCE SOUTH 07°25'15" WEST A DISTANCE OF 272.61 FEET; THENCE
SOUTH 29'30'05" WEST A DISTANCE OF 231.32 FEET; THENCE SOUTH 50°31'58" WEST
A DISTANCE OF 1475.69 FEET TO THE NORTHEASTERLY RIGHT OF WAY LINE OF
STATE ROAD 434 ACCORDING TO FLORIDA DEPARTMENT OF TRANSPORTATION
RIGHT OF WAY MAP SECTION 77070-2516; THENCE CONTINUE SOUTH 50°31'58"
WEST FOR A DISTANCE OF 143.34 FEET TO A FOUND 1/2" IRON ROD & CAP (LB
6723) AND THE SOUTHWESTERLY RIGHT OF WAY LINE OF SAID STATE ROAD 434,
ALSO BEING THE POINT OF BEGINNING; THENCE ALONG THE NORTHERLY
BOUNDARY OF ACQUISITION PARCEL "A" AS DESCRIBED IN OFFICIAL RECORDS
BOOK 3988, PAGE 1075 OF THE PUBLIC RECORDS OF SEMINOLE COUNTY,
FLORIDA, SOUTH 49°30'36" WEST FOR A DISTANCE OF 316.60 FEET TO A FOUND
4"X4" CONCRETE MONUMENT (LB 6723) AND TO THE SOUTHWESTERLY CORNER
OF LANDS DESCRIBED IN EXHIBIT "A" (SWAP PARCEL 1) AS DESCRIBED IN
OFFICIAL RECORDS BOOK 8856, PAGE 546 OF THE PUBLIC RECORDS OF SEMINOLE
COUNTY, FLORIDA; THENCE DEPARTING SAID NORTHERLY BOUNDARY, ALONG
THE WESTERLY BOUNDARY OF SAID LANDS AND ALONG THE EASTERLY
BOUNDARY OF LANDS DESCRIBED IN EXHIBIT "A" (SWAP PARCEL 2) AS
DESCRIBED IN OFFICIAL RECORDS BOOK 8856, PAGE 553 OF THE PUBLIC
RECORDS OF SEMINOLE COUNTY, FLORIDA, NORTH 39047'59"WEST, A DISTANCE
OF 659.32 FEET TO A FOUND 4"X4" CONCRETE MONUMENT (LB 6723) AND THE
Developer's Agreement
City of Winter Springs and Winter Springs Retirement Residence LLC
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WESTERLY RIGHT OF WAY OF THE C.S.X. TRANSPORTATION INC. "LAKE CHARM
BRANCH" RAIL CORRIDOR; SAID POINT BEING A NON TANGENT CURVE
CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 3707.33 FEET, AND A CHORD
BEARING AND DISTANCE OF NORTH 03°26'01" WEST, 73.37 FEET; THENCE
NORTHWESTERLY ALONG THE ARC OF SAID CURVE, AND SAID WESTERLY RIGHT
OF WAY, THROUGH A CENTRAL ANGLE OF 01 °08'02" FOR A DISTANCE OF 73.37
FEET TO A SET 5/8" IRON ROD AND CAP (LB 8071) AND THE END OF SAID CURVE;
THENCE DEPARTING SAID WESTERLY RIGHT OF WAY, ALONG A CURVE
CONCAVE NORTHERLY, HAVING A RADIUS OF 230.00 FEET, AND A CHORD
BEARING AND DISTANCE OF NORTH 70002'34" EAST, 93.83 FEET; THENCE
NORTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL
ANGLE OF 23032'22" FOR A DISTANCE OF 94.49 FEET TO A SET 5/8" IRON ROD AND
CAP (LB 8071) AND THE END OF SAID CURVE; THENCE NORTH 59043'13" EAST, A
DISTANCE OF 75.01 FEET TO A SET 5/8" IRON ROD AND CAP (LB 8071); THENCE
NORTH 5002225" EAST, A DISTANCE OF 111.00 FEET TO A SET 5/8" IRON ROD AND
CAP (LB 8071) AND TO THE AFORESAID SOUTHWESTERLY RIGHT OF WAY OF SAID
STATE ROAD 434; THENCE ALONG SAID SOUTHWESTERLY RIGHT OF WAY, SOUTH
3904708" EAST, A DISTANCE OF 669.99 FEET TO THE POINT OF BEGINNING.
Parcel 2:
THAT PART OF LOT 8 BLOCK "A", OF TUSKAWILLA, ACCORDING TO THE PLAT OF
D.R. MITCHELL'S SURVEY OF THE LEVY GRANT AS RECORDED IN PLAT BOOK 1,
PAGE 5 OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHWESTERN MOST CORNER OF LOT 31 ST. JOHNS
LANDING AS RECORDED IN PLAT BOOK 53, PAGES 45 THRU 49 OF SAID PUBLIC
RECORDS, SAID POINT BEING A RECOVERED CONCRETE MONUMENT ON THE
EASTERLY RIGHT OF WAY LINE OF TUSKAWILLA ROAD (FORMERLY BRANTLEY
AVENUE) AS RECORDED IN OFFICIAL RECORDS BOOK 3225, PAGE 1829 OF SAID
PUBLIC RECORDS; THENCE RUN NORTH 59°31'38" WEST ALONG THE WESTERLY
PROLONGATION OF THE SOUTH LINE OF SAID LOT 31 FOR A DISTANCE OF 15.00
FEET; THENCE RUN SOUTH 30004'55" WEST ALONG SAID EASTERLY RIGHT OF
WAY LINE FOR A DISTANCE OF 5.00 FEET; THENCE CONTINUE SOUTH 30°04'55"
WEST A DISTANCE OF 35.00 FEET; THENCE SOUTH 59°31'38" EAST, A DISTANCE OF
1132.34 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE RIGHT HAVING
A RADIUS OF 150.00 FEET; THENCE RUN SOUTHEASTERLY ALONG THE ARC OF
SAID CURVE THROUGH A CENTRAL ANGLE AT 60036'00" FOR AN ARC DISTANCE
OF 158.65 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 01°04'22" WEST A
DISTANCE AT 146.91 FEET; THENCE SOUTH 24°59'41 "WEST, A DISTANCE OF 318.72
FEET; THENCE SOUTH 00°00'00" EAST A DISTANCE OF 115.48 FEET; THENCE SOUTH
36°55'21" EAST A DISTANCE OF 217.54 FEET; THENCE SOUTH 15°19'53" EAST A
DISTANCE OF 140.49 FEET; THENCE SOUTH 02°23'00 WEST A DISTANCE OF 556.34
FEET; THENCE SOUTH 07°25'15" WEST A DISTANCE OF 272.61 FEET; THENCE
SOUTH 29'30'05" WEST A DISTANCE OF 231.32 FEET; THENCE SOUTH 50°31'58" WEST
Developer's Agreement
City of Winter Springs and Winter Springs Retirement Residence LLC
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A DISTANCE OF 1475.69 FEET TO THE NORTHEASTERLY RIGHT OF WAY LINE OF
STATE ROAD 434 ACCORDING TO FLORIDA DEPARTMENT OF TRANSPORTATION
RIGHT OF WAY MAP SECTION 77070-2516; THENCE CONTINUE SOUTH 50°31'58"
WEST FOR A DISTANCE OF 143.34 FEET TO A FOUND 1/2" IRON ROD & CAP (LB
6723) AND THE SOUTHWESTERLY RIGHT OF WAY LINE OF SAID STATE ROAD 434;
THENCE ALONG THE NORTHERLY BOUNDARY OF ACQUISITION PARCEL "A" AS
DESCRIBED IN OFFICIAL RECORDS BOOK 3988, PAGE 1075 OF THE PUBLIC
RECORDS OF SEMINOLE COUNTY, FLORIDA, SOUTH 49°30'36" WEST FOR A
DISTANCE OF 316.60 FEET TO A FOUND 4"X4" CONCRETE MONUMENT (LB 6723)
AND TO THE SOUTHWESTERLY CORNER OF LANDS DESCRIBED IN EXHIBIT "A"
(SWAP PARCEL 1) AS DESCRIBED IN OFFICIAL RECORDS BOOK 8856, PAGE 546 OF
THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA; THENCE DEPARTING
SAID NORTHERLY BOUNDARY, ALONG THE WESTERLY BOUNDARY OF SAID
LANDS AND ALONG THE EASTERLY BOUNDARY OF LANDS DESCRIBED IN
EXHIBIT "A" (SWAP PARCEL 2) AS DESCRIBED IN OFFICIAL RECORDS BOOK 8856,
PAGE 553 OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, NORTH
39°47'59"WEST, A DISTANCE OF 659.32 FEET TO A FOUND 4"X4" CONCRETE
MONUMENT (LB 6723) AND THE WESTERLY RIGHT OF WAY OF THE C.S.X.
TRANSPORTATION INC. "LAKE CHARM BRANCH" RAIL CORRIDOR; SAID POINT
BEING A NON TANGENT CURVE CONCAVE NORTHEASTERLY, HAVING A RADIUS
OF 3707.33 FEET, AND A CHORD BEARING AND DISTANCE OF NORTH 03°26'01"
WEST, 73.37 FEET; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE,
AND SAID WESTERLY RIGHT OF WAY, THROUGH A CENTRAL ANGLE OF 01 °08'02"
FOR A DISTANCE OF 73.37 FEET TO A SET 5/8" IRON ROD AND CAP (LB 8071) AND
THE POINT OF BEGINNING; THENCE CONTINUE ALONG SAID NON TANGENT
CURVE CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 3707.33 FEET, AND A
CHORD BEARING AND DISTANCE OF NORTH 02020'00" WEST, 29.41 FEET; THENCE
NORTHWESTERLY ALONG THE ARC OF SAID CURVE, AND SAID WESTERLY RIGHT
OF WAY, THROUGH A CENTRAL ANGLE OF 00°27'17" FOR A DISTANCE OF 29.42
FEET TO A FOUND 4"X4" CONCRETE MONUMENT (LB 220) ON THE EASTERLY
EXTENSION OF THE NORTH LINE OF LOT 17 OF SAID PLAT OF D.R. MITCHELL'S
SURVEY OF LEVY GRANT; THENCE CONTINUE ALONG SAID NON -TANGENT
CURVE CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 3707.33 FEET, AND A
CHORD BEARING AND DISTANCE OF NORTH 01055'26" WEST, 31.04 FEET; THENCE
NORTHWESTERLY ALONG THE ARC OF SAID CURVE, AND SAID WESTERLY RIGHT
OF WAY, THROUGH A CENTRAL ANGLE OF 00°28'47" FOR A DISTANCE OF 31.04
FEET TO A SET 5/8" IRON ROD AND CAP (LB 8071), SAID POINT BEING ON A NON
TANGENT CURVE CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 170.00
FEET, AND A CHORD BEARING AND DISTANCE OF NORTH 68°52'35" EAST, 63.61
FEET; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A
CENTRAL ANGLE OF 21033'57" FOR A DISTANCE OF 63.99 FEET TO A SET 5/8" IRON
ROD AND CAP (LB 807 1) AND TO THE END OF SAID CURVE; THENCE NORTH
49-13'20" EAST, A DISTANCE OF 22.84 FEET TO A SET 5/8" IRON ROD AND CAP (LB
8071); THENCE NORTH 5002225" EAST, A DISTANCE OF 153.21 FEET TO THE
AFORESAID SOUTHWESTERLY RIGHT OF WAY OF SAID STATE ROAD 434; THENCE
ALONG SAID SOUTHWESTERLY RIGHT OF WAY, SOUTH 39°47'08" EAST, A
Developer's Agreement
City of Winter Springs and Winter Springs Retirement Residence LLC
Page 12 of 13
DISTANCE OF 72.00 FEET TO A SET 5/8" IRON ROD AND CAP (LB 8071); THENCE
SOUTH 50022'25" WEST, A DISTANCE OF 111.00 FEET TO A SET 5/8" IRON ROD AND
CAP (LB 8071); THENCE SOUTH 59°43'13" WEST, A DISTANCE OF 75.01 FEET TO A
SET 5/8" IRON ROD AND CAP (LB 8071), SAID POINT BEING THE BEGINNING OF A
NON TANGENT CURVE CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 230.00
FEET, AND A CHORD BEARING AND DISTANCE OF SOUTH 70°02'34" WEST, 93.83
FEET; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A
CENTRAL ANGLE OF 23032'22" FOR A DISTANCE OF 94.49 FEET TO THE POINT OF
BEGINNING.
Developer's Agreement
City of Winter Springs and Winter Springs Retirement Residence LLC
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