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HomeMy WebLinkAboutTuscawilla Property Investors, LLC Development Agreement (Winter Springs Marketplace) - 2021 03 31 I GRANT MALOY,SEMINOLE COUNTY CLERK OF CIRCUIT COURT&COMPTROLLER CFN#2021041348 Bk.9887 Page.718 751t34Pgs) REC:03131/2021 8:14:32 AM by jeckenrath THIS INSTRUMENT WAS PREPARED BY RECORDING FEES $290.50 AND SHOULD BE RETURNED TO: Anthony A. 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 DEVELOPMENT AND PROPERTY DIVISION AGREEMENT Winter Springs Marketplace/Tuscawilla Property Investors THIS DEVELOPMENT AGREEMENT ("Agreement") is made and executed this day of Qr\ C1 2021, by and between the CITY OF WINTER SPRINGS, a Florida Municipal Corporation ("City"), whose address is 1126 East S.R. 434, Winter Springs, Florida 32708, and TUSCAWILLA PROPERTY INVESTORS, LLC, a Florida Limited Liability Company, whose address is 630 S Maitland Avenue, Suite 100, Maitland, Florida 32751 ("Developer"). WITNESSETH: WHEREAS, Developer is the owner of approximately 8.278 acres, more or less, of real property located southwest of the intersection of SR 434 and Tuskawilla Road, in Winter Springs, Seminole County, Florida, zoned Town Center (T5 Transect), more particularly described herein ("Property"); and WHEREAS, the Developer is under contract, and intends, to purchase the additional property constituting approximately 1.95 acres, more or less, also located southwest of the intersection of SR 434 and Tuskawilla Road, in Winter Springs, Seminole County, Florida,zoned Town Center(T5 Transect),more particularly described herein,which is currently owned by Anna Ondick, Individually and as a Successor Trustee of the Robbie R. Ondick Revocable Trust dated October 7, 1991, as amended and restated on August 3, 1994 by the First Amendment and Restatement of the Robbie R. Ondick Revocable Trust dated October 7, 1991, as further amended on March 25, 1999 by First Amendment to the First Amendment and Restatement of the Robbie R. Ondick Revocable Trust dated October 7, 1991 ("Trust Property"); and DEVELOPMENT AGREEMENT City of Winter Springs and Tuscawilla Property Investors,LLC Pagel of 34 WHEREAS, Anna Ondick, as successor trustee of the Trust, also signed the application for the Final Engineering/Site Plan Approval, Aesthetic Plan Approval, Specimen Tree Removal and certain Waivers from the City Code; and WHEREAS, Developer has applied for Final Engineering/Site Plan Approval, Aesthetic Plan Approval for certain buildings on the Property, Specimen Tree Removal, and certain Waivers from the City Code in order to construct a shopping center consisting of five (5)buildings; and WHEREAS,pursuant to Chapter 20 Zoning,Article II,Division 1, Section 20-29.1 of the Winter Springs City Code ("City Code"), a community workshop for the Project was held on May 28, 2020; and WHEREAS, Section 20-29(c) of the City Code requires that all site plans and waivers shall be binding on the use of the subject property and, further, that as a condition of approval by the City Commission, all development projects requiring a community workshop pursuant to Section 20-29.1 of the City Code shall be required to be memorialized in a binding development agreement; and WHEREAS, this Development Agreement shall be recorded against the Property so that the terms and conditions of approval related to the Project shall run with the land; and NOW THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties mutually agree as follows: 1.0 Recitals. The foregoing recitals are true and correct and are hereby incorporated herein by this reference. 2.0 Authority. This Agreement is entered into pursuant to the Florida Municipal Home Rule Powers Act. 3.0 The Property and Trust Propertj. The Property subject to this Agreement is legally described in EXHIBIT"A",attached hereto and fully incorporated herein by this reference ("Property"). The Trust Property described in the Recitals and subject to this Agreement is legally described in EXIfiIBIT "B", attached hereto and fully incorporated herein by this reference ("Trust Property"). Developer represents and warrants to the City that it has entered into a written contract ("Purchase Agreement") to purchase the Trust Property and that the Developer intends to expeditiously pursue the completion of the closing on the Trust Property upon the Effective Date of this Agreement. Based on this representation and warranty to the City, Developer further represents and warrants to the City that it can enter into this Agreement with respect to the Trust Property for the limited purposes set forth herein prior to its acquisition of the Trust Property. However, the acquisition of fee title to the Trust Property by the Developer shall be a condition of the City's approval of the Final Engineering Plans/Site Plan and Waivers as applicable to the Trust DEVELOPMENT AGREEMENT City of Winter Springs and Tuseawilla Property Investors,LLC Page 2 of 34 Property, except to the extent of clearing, grading, grubbing and seeding of the Trust Property, for which the Developer has provided a Reciprocal Easement Agreement dated November 10, 2020, recorded in Official Records book 9757, Page 1335, Public Records of Seminole County, Florida (the"REA"). The REA specifically authorizes the Developer to perform site preparation for future development of the Trust Property, such as clearing, grading/grubbing and seeding, and such site preparation shall be a condition of this Agreement pursuant to the terms and conditions set forth in Section 4.1(J). Developer shall keep the City fully apprised of the status of said closing and shall faithfully and expeditiously complete the closing no later than one year of the Effective Date of this Agreement. (`Closing Date"). If Developer fails to complete the closing by the Closing Date, approval of the Final Engineering/Site Plan and Waivers as applicable to the Trust Property, except for clearing,grading and seeding,shall be automatically revoked. Specifically,the approval of the engineering for the intended fast food restaurant, including the fast food restaurant building and supporting parking, drive aisles and utilities, shown on "Lot 3" of the "Overall Site Plan", Sheet C4.0 of the Final Engineering Plans ("Fast Food Restaurant Improvements") shall be void, except for clearing, grading and seeding. The parties agree that upon conveyance of the Trust Property to Developer,this Agreement shall automatically bind,and benefit and burden,such Trust Property,and that the definition of"Property"and"Project"herein shall automatically be modified to include the Trust Property, without any further action required by either party. Upon closing of the Trust Property and conveyance to the Developer, the conditional approval of the Final Engineering/Site Plan and Waivers as applicable to the Trust Property and the Fast Food Restaurant Improvements shall become final and binding. 4.0 Project Description and Requirements; Phasing Developer shall, at its expense, design, permit and construct a five-building shopping center in a two phases on the Property, for a total of approximately 59,000 square feet of building space, as well as supporting infrastructure, stormwater pond, parking lots, and landscaping. (Hereinafter the project description and requirements are referred to as the "Project'). The"Overall Site Plan", Sheet C4.0 of the Final Engineering Plans,is attached hereto as EXHIBIT "C" for convenience and incorporated herein by this reference. The Developer shall construct the Project in a manner consistent with the approved Final Engineering/Site Plans, Aesthetic Plans, and Waivers that are on file with the City with the following file numbers and consistent with the requirements contained in this Agreement: File Nos: SP2020-0018 Final Engineering/Site Plans, AE2020-0029 Aesthetic Review, WA2020-0026 Waiver Phase I of the Project shall consist of all buildings and improvements on the Property and clearing, grading and seeding of the Trust Property; Phase 11 shall consist of the Fast Food Restaurant Improvements on the Trust Property. Any development of the Future Development Area, located on the Trust Property and as shown on the"Overall Site Plan", Sheet C4.0 of the Final Engineering Plans, shall require an amendment to this Agreement. DEVELOPMENT AGREEMENT City of Winter Springs and Tuseawilla Property Investors,LLC Page 3 of 34 4.1 Specific conditions-of anprav_al. Specific conditions of approval for the above-referenced Final Engineering Plans, Aesthetic Plans and Waivers, include the following, which are also addressed in the staff report for the Final Engineering/Site Plans, Aesthetic Plans, and Waivers: A. To the extent that the driveway access to SR 434 and the underground chambers for stormwater collection and treatment to service the driveway as shown on the"Overall Site Plan", Sheet C4.0 and the Overall Drainage Plan, Sheet C6.0 of the Final Engineering Plans, are located on the Trust Property, the Developer shall be required to secure easements from the Trust to allow for the construction, installation and maintenance of such facilities prior to issuance of any site clearing or building permits for the Property, if the same have not already been obtained. Except for grading and seeding/grass installation plans and except to the extent adequate easements for the driveway access to SR 434 and the underground chambers for stormwater collection and treatment are secured (if not already obtained), approval of the Final Engineering/Site Plan and Waivers as applicable to the Trust Property shall be contingent upon the Developer acquiring the Trust Property within one year of the Effective Date of this Agreement. B. In the event the Developer acquires the Trust Property within one year of the Effective Date of this Agreement, Developer shall extend and install the planned streetscape along the SR 434 and Tuskawilla Road frontage of the Trust Property to match the streetscape planned for the Property. The Trust Property streetscape shall be installed either in conjunction with the Property streetscape or within twelve (12) months following acquisition of the Trust Property (subject to Section 25.0), whichever is later. However, in the event that Developer does not acquire the Trust Property and fails to complete the closing,Developer shall install as much of a matching streetscape as possible within the existing rights-of-way on SR 434 and Tuskawilla Road adjacent to the Trust Property concurrent with the installation of the streetscape on the Property. C. In the event the Developer acquires the Trust Property, the Developer shall as soon as possible thereafter demolish the existing pole sign and existing building at the corner of SR 434 and Tuskawilla Road. In any case,the Developer shall use its best faith efforts to secure the authorization from the Trust to remove the existing pole sign and existing building as soon as possible. D. A Reciprocal Easement Agreement dated November 10, 2020 has been recorded in Official Records book 9757, Page 1335, Public Records of Seminole County, Florida (the "REA") affecting the Property. Developer is relying upon the REA for master planning common infrastructure between the Property and Trust Property and permitting the Project with the City. Therefore, should the REA terminate and a substantially similar agreement or declaration not be of record providing for the master planning common infrastructure between the Property and the Trust Property, Developer shall be required obtain an amendment to the Final Engineering/Site Plan in order to demonstrate to the City that the Project can standalone on the Property relative to adequate access, parking, utilities, drainage and any other previously shared infrastructure under the REA. Further, should the Property be further divided in any manner not DEVELOPMENT AGREEMENT City of Winter Springs and Tuscawilla Property Investors,LLC Page 4 of 34 authorized by Section 28.0 of this Agreement, the City shall require, prior to the approval of the division of land, that the Developer demonstrate adequate access, parking, utilities and drainage including any other easements necessary for common infrastructure on the Property which is not already demonstrated by the REA or substantially similar agreement or declaration of record. E. The onsite wastewater collection system required to be constructed for the Project, up to the connection at the City's manhole in Solaris Wharf Street, is to be owned and maintained by the Developer and/or future owners of the Property. F. The onsite potable water system required to be constructed for the Project, up to and including the meters at each building, is to be dedicated to the City for ownership and maintenance. A10-foot wide utility non-exclusive easement, centered over the water lines as shown in the Final Engineering Plans, shall be dedicated to the City and an appropriate bill of sale for the potable water system as described herein shall be delivered to the City prior to the issuance of any certificate of occupancy in a form acceptable to the City Attorney,free and clear of all liens. Upon completion and acceptance of the potable water system improvements by the City, the potable water system improvements shall be owned by the City and maintained, repaired and replaced by the City. In addition,the onsite irrigation system shall be connected to the City's reuse system. The onsite irrigation system shall be owned and maintained by the Developer and/or future owners of the Property; provided, however, should any irrigation system and applicable meter be located on any single lot within the Project, then such system may be owned and maintained by the owner or occupant of such lot. The City's meter for the reuse connection shall be located at the right-of-way line in an easement dedicated to the City in a form acceptable to the City Attorney prior to the issuance of any certificate of occupancy. G. Developer shall be required to plant at least 296 credits of new replacement trees, which shall include at least six (6) 10" d.b.h Quercus Virginia/Live Oaks to mitigate the removal of six (6) viable specimen trees on the Property. All required tree replacements shall be planted prior to the issuance of any final certificate of occupancy for any building on the Property. Tree replacements and landscaping shall be subject to the obligation of ongoing maintenance and replacement for the first two years following planting, at the Developer's expense, if the City determines, after reasonable inspection,that any tree or landscaping has become severely diseased or damaged to the point that the viability of the tree or landscaping has been significantly compromised. In the event that Developer fails to perform the necessary maintenance, repairs or replacements of any of the trees or landscaping,the City shall have the right,but not obligation,to conduct said maintenance, repairs or replacements and recover the actual cost thereof from the Developer. Prior to exercising that right, the City shall provide the Developer written notice and an explanation of the specific default and at least thirty (30) days in which to cure the default. If Developer fails to cure the default by the end of the cure period,the City may exercise its rights to maintain and replace at any time thereafter. The Developer shall additionally submit: (1)a$112,800.00 tree bank mitigation payment for trees that are not possible to replace on the Property; and(2)a Landscape Performance and Maintenance Bond in a form acceptable to the City Attorney ensuring planting and installation of all required DEVELOPMENT AGREEMENT City of Winter Springs and Tuscawilla Property Investors,LLC Page 5 of 34 trees and landscaping should the Project be abandoned after the Property has been cleared and proper maintenance of the trees for two (2)years after planting. The tree bank mitigation payment and Landscape Performance and Maintenance Bond shall be submitted prior to obtaining the first clearing and grading or building permit, whichever is earlier. H. No building in the Project shall exceed a height of three stories. I. The City Commission herein imposes certain use restrictions greater than those otherwise specified in the Town Center zoning district to ensure any negative impacts of the commercial development are minimized and to ensure the future development is compatible with the surrounding uses. The following uses shall be permitted on the Property: 1. Alcoholic beverage sales(package) 2. Alcoholic beverage on-premises consumption 3. Art supplies and picture framing shops 4. Artists' (such as painters, sculptures, and craft makers)studios 5. Alterations,Tailoring and Shoe Repair 6. Confectionary and ice cream stores (including outside dining) 7. Dance and music studios 8. Interior decorating and draperies 9. Pet shops and grooming 10. Photographic studios 11. Physical fitness and health clubs 12. Professional and Business Offices including: a. Advertising Agencies b. Bookkeeper C. Dental d. Insurance e. Medical (clinics and laboratories) f. Title Companies g. Travel Agency 13. Restaurants,sidewalk cafes, 14. Retail uses as follows: a. Appliances, sales and service b. Antique and gift shop C. Bakery, including wholesale DEVELOPMENT AGREEMENT City of Winter Springs and Tuscawilla Property Investors,LLC Page 6 of 34 d. Bridal shop e. Bicycle, sales/service f. Bookstores, stationery,newsstands g. Butcher shop h. Carpets,rugs and linoleum i. Computers,hardware/software/sales/service j. Drug and sundry stores(including General stores, such as Dollar Tree, Family Dollar or Dollar General) k. Dry cleaner/Tailoring shops 1. Florist/Gift Shop in. Financial institutions,banks, savings/loan(Requires Conditional Use) n. Furniture o. Grocers, including wholesale P. Hardware store q. Health food/Snack shop r. Hobby/craft shop S. Jewelry t. Office and stationary supplies U. Paint store V. Quick printers W. Rental stores, excluding auto/truck rentals X. Sporting goods Y. Toy stores Z. Wearing apparel stores 15. Salon including nail,hair, and tanning There shall be no retail sales, manufacturing, or compounding of any products derived from the hemp plant or cannabis plant, including CBD (cannabidiol). J. All grass areas on the Property and Trust Property shall use Bahia grass. No St. Augustine grass or grass types with low drought tolerance shall be permitted. In accordance with the REA, the Developer shall elect to clear, grub, and seed/grass the Trust Property and diligently pursue the consent and approval of the Trust to perform such work in conjunction with the clearing, grading and landscaping of the Property. K. Dumpster service and trash pickup for the Project is prohibited earlier than 7 a.m. and later than 7 p.m. L. Commercial delivery trucks to the grocery, retail stores, and restaurants shall not be permitted to access the Property via Roberts Family Lane. M. Project construction shall be limited to Monday-Saturday 7:00 a.m. to 8:00 p.m. Construction shall be prohibited Sundays and on federal holidays. DEVELOPMENT AGREEMENT City of Winter Springs and Tuscawilla Property Investors,LLC Page 7 of 34 N. All parking area lighting shall be designed so as not to produce glare on adjacent residential properties. Security lighting shall be provided in areas accessible to the public during nighttime hours, and such lighting shall be on a time-clock or photo-sensor system. O. Prior to commencement of construction, the Developer shall submit for the City's approval a plan detailing construction access and employee and contractor parking during construction. Employees and contractors and their equipment, materials and supplies shall not be parked or placed on Roberts Family Lane. 5.0 Future Permitting. The Developer shall be required to obtain Aesthetic Review approval for the remainder of the buildings not included in the Aesthetic Review file referenced above, as well as building permits, as required by the Winter Springs City Code. Developer shall be required to receive building permits and substantially commence vertical construction of buildings, which shall at minimum include building foundations, for the Project within two (2) years of the Effective Date of this Agreement. 6.0 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. The Developer further agrees and makes the following representations and warranties to the City: A. The Developer is lawfully seized of the Property in fee simple and has full and lawful authority to execute this Agreement and bind the Property as set forth herein. This Agreement will, when duly executed and delivered by the City and Developer, constitute a legal, valid and binding obligation enforceable against the parties hereto. Upon recording of this Agreement in the Public Records of Seminole County, Florida, the Agreement shall be a binding obligation upon 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 himself and the Property to the terms and conditions set forth in this Agreement. 7.0 Successors and Assip_ns. 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 upon being duly recorded against the Property by the City. 8.0 Annlicable Law; Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. The venue of any litigation arising out of this Agreement shall be in Seminole County, Florida or, for federal court actions, in Orlando, Florida. DEVELOPMENT AGREEMENT City of Winter Springs and Tuscawilla Property Investors,LLC Page 8 of 34 9.0 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. 10.0 Entire Agreement; Exhibits. This Agreement and all attached exhibits hereto supersede any other agreement, oral or written, regarding the Property and contain the entire 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. 11.0 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. 12.0 Effective Date. This Agreement shall become effective upon approval by the City Commission and execution of this Agreement by both parties hereto. 13.0 Recordation. Upon full execution by the Parties,this Agreement shall be recorded upon the Property in the Public Records of Seminole County, Florida by the City and shall be binding upon the Property and all future owners thereof. At such time the Developer closes on the Trust Property,this Agreement shall also be recorded upon the Trust Property and shall be binding upon the Trust Property and all future owners thereof. The Developer shall be responsible for all recording fees associated with recording this Agreement upon the Property and Trust Property. 14.0 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. 15.0 Sovereign Immunity. The City intends to avail itself of sovereign immunity and other applicable limitations on City liability whenever deemed applicable by the City. Therefore, 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, Florida Statutes, 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, 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). DEVELOPMENT AGREEMENT City of Winter Springs and Tuscawilla Property Investors,LLC Page 9 of 34 16.0 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. 17.0 Interoretation. 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. 18.0 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. 19.0 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. 20.0 Attorney's Fees. In connection with any arbitration or litigation arising out of this Agreement, each party shall be responsible for their own attorney's fees and costs. 21.0 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 in accordance with the criteria of the City Code and the requirements 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, trailer, structure or unit if Developer is in breach of any term and condition of this Agreement. 22.0 Default. Failure by either party to perform each and every one of its obligations hereunder shall constitute a default, entitling the non-defaulting party to pursue whatever remedies are available to it under Florida law or equity including, without limitation, termination of this Agreement, an action for specific performance, and/or injunctive relief. Prior to any party filing any action as a result of a default under this Agreement,the non-defaulting party shall first provide the defaulting party with written notice of said default. Upon receipt of said notice, the defaulting party shall be provided a thirty (30) day opportunity in which to cure the default to the reasonable satisfaction of the non-defaulting party prior to filing said action. 23.0 Termination. 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 vertical construction of buildings, which shall at minimum include building foundations, for the Project within two (2) years of the Effective Date of this Agreement. The Developer may apply to the City Commission for an extension of this Agreement,which may be granted upon good cause shown. In addition, the City shall have the right, but not obligation, DEVELOPMENT AGREEMENT City of Winter Springs and Tuscawilla Property Investors,LLC Page 10 of 34 to terminate the Agreement if Developer permanently abandons construction of the Project, provided, however, the City shall first deliver written notice and an opportunity to cure to the defaulting party as set forth in Section 22.0 above. If the City terminates this Agreement,the City shall record a notice of termination against the Property in the public records of Seminole County, Florida. 24.0 Indemnification and Hold Harmless. Developer shall be solely responsible for designing, permitting, constructing, operating and maintaining this Project. As such, Developer hereby agrees to indemnify, release, and hold harmless the City and its commissioners, employees and attorneys from and against all claims, losses, damages, personal injuries (including, but not limited to, death), or liability (including reasonable attorney's fees and costs through all appellate proceedings), directly or indirectly arising from, out of, or caused by Developer and Developer's contractor's and subcontractor's performance of design,permit and construction,and maintenance activities in furtherance of constructing the Project and maintaining the improvements of this Project. This indemnification shall survive the termination of this Agreement. 25.0 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, as applicable to the City, the City's own acts), 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. 26. Notice. Whenever either party desires to give notice to the other, notice shall be sent by hand delivery or certified mail, return receipt requested, and shall be sent to: For the City: Shawn Boyle, City Manager City of Winter Springs 1126 East S.R. 434 Winter Springs, Florida 32708 With additional notice to: Anthony A. Garganese, City Attorney DEVELOPMENT AGREEMENT City of Winter Springs and Tuscawilla Property Investors,LLC Page 11 of 34 Garganese, Weiss, D'Agresta & Salzman, P.A. 111 N. Orange Avenue, Suite 2000 Orlando, FL 32802 For Developer: Ryan Stahl Tuscawilla Property Investors, LLC 630 S. Maitland Avenue, Suite 100 Maitland, FL 32751 With additional notice to: Nicole Latham Carolan, Esq. Winderweedle, Haines, Ward & Woodman, P.A. 329 Park Avenue North, Second Floor Winter Park, FL 32789 Either party may freely modify their respective contact person and address contained in this Paragraph by providing written notice of the modification to the other party. Any Notice given as provided herein shall be deemed received as follows: if delivered by personal service, on the date so delivered; and if mailed, on the third business day after mailing. 27.0 Assienment. Prior to recording this Agreement upon the Property,Developer shall not assign this Agreement without the prior written consent of the City. Such assignment shall also require the written approval of the City by amendment to this Agreement, which shall not require a public hearing and shall not be unreasonably withheld. Any assignment authorized by this subparagraph shall require the assignee to be a formal signatory to this Agreement and fully assume all of Developer's obligations, commitments, representations, and warranties under this Agreement. In any assignment, the rights and obligations contained herein shall be binding on successors in interest to the Property, and the terms and conditions of this Agreement shall bind and inure to the benefit of the parties hereto and any respective successors and assigns. 28.0 Division of Land. Pursuant to Section 9-14 of the City Code and in order to facilitate the implementation of the Town Center master plan, the Property and Trust Property, currently consisting for four (4) platted parcels and legally described in Exhibits A and B, shall upon the Effective Date and recordation of this Agreement be reconfigured and divided into only two (2) resulting parcels ("Resulting Parcels") in accordance with this recorded Agreement. Each parcel is consistent with the descriptions of the Property and Trust Property, respectively. A depiction and legal description of these new Resulting Parcels is provided in Exhibit D, incorporated herein by this reference. DEVELOPMENT AGREEMENT City of Winter Springs and Tuscawilla Property Investors,LLC Page 12 of 34 Furthermore, upon the completion of the closing and Developer's acquisition of the Trust Property, the Trust Property shall further be divided into two (2) resulting Trust Property parcels ("Resulting Trust Property Parcels") in accordance with this recorded Agreement, for a total of three(3)parcels overall. A depiction and legal description of each Resulting Trust Property Parcel is provided in Exhibit E, incorporated herein by this reference. Hereinafter, the Resulting Parcels and, upon the closing, the Resulting Trust Property Parcels will each be recognized by the City as developable lots under this Agreement for future permitting with the City. Any future divisions or reconfigurations of the Property or Trust Property shall be completed in accordance with the procedures provided in the Winter Springs City Code. Developer acknowledges that should Developer divide or reconfigure the Resulting Parcels or the Resulting Trust Property Parcels in the future without first obtaining the City's approval, all future permitting shall be subject to immediate suspension by the City for the affected Parcel(s). DEVELOPMENT AGREEMENT City of Winter Springs and Tuscawilla Property Investors,LLC Page 13 of 34 IN WITNESS WHEREOF,the parties have hereunto set their hands and seal on the date first above written. `*��.•'" Q'�,� CITY OF WINTER SPRINGS :it •• `.. By: �,p c Cl ries acey, Mayo Date: ATTEST: By: Christian Gowan, City Clerk APPROVED AS TO FORM AND LEGALITY For the use and reliance of the City of Winter Springs, Florida only. CITY SEAL Date: .� y &1 B . 3 y A. Garganese, City Attorney for the City of Winter Springs, Florida STATE OF FLORIDA COUNTY OF SEMINOLE The foregoing instrument was acknowledged before me by means of �hysical .� presence or O online notarization, this day of r , 2021, by, Mayor of the City of Winter i a, rids municipal corporation, on behalf of the corporation, who is ersonally known to me or produced as identification. (NOTARY SEAL) -7-M (Notary PyVie 5igirature) (Print Name) Notary Public, State of ` t+toblry Pu6liC STsSa of F![xide Tristin M Mover Commission No.: My COMMISSOM GG 953877 My Commission Expires: Expires 02102/2024 DEVELOPMENT AGREEMENT City of Winter Springs and Tuscawilla Property Investors,LLC Page 14 of 34 Signed, sealed and delivered in the TUSCAWILLA PROPERTY INVESTORS, presence of the following witnesses: LLC By: 9-uc� Ryan Stahl S tore of Witness Printed Name of�Witness Date: Si f Ines Prnrterl iVan,c or WI fics STATE OF COUNTY OF The foregoing instrurnerlt was ackilowledged be a e me by means of physical presence or(__)online notarization, this day of JVJdAd ,2021,by Ryan Stahl,the Manager of Tuseawilla Property Investors, LLC, a limited liabili y company, on behalf of the company,who is personally known to me or produced as identification. (NOTARY SEAL) p�� is Signature) N*tery PUWr-State of FWds f Prii game) • Ctftdne E Craven Notary Public, State of — AAy Cameras M HM oe3m t"araas� Commission No.: 3 EOA%0%A A 04 My Commission Expires: 1 2-- DEVELOPER IS HEREBY ADVISED THAT SHOULD DEVELOPER FAIL TO FULLY EXECUTE,AND DELIVER TO THE CITY, THIS AGREEMENT WITHIN THIRTY(30) 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. DEVELOPMENT AGREEMENT City of Winter Springs and Tuscawilla Property Investors,LLC Page 15 of 34 EXHIBIT A PROPERTY LEGAL DESCRIPTION SKETCH OF DESCRIPTION PROJECT. Sly 434 AND TUSKAMLLA THIS IS NOT A Rt31_JNGAR1' ��LIRVEY NOT v,1-117) 011THOUIT SHEET 2-3 �lEscRlpnr.:�l� That Part ;f Lote 7 through 9, 10E E. 4OHINSTON'S SURVEY, recorded Ir ;leen Fonk 147, Pnge. 271, Publia Rccerds of `_=eminolc County, Florida, and also bring the: part of Lot 8 Black A, and that part of the WIPICIttod Part of s3iack b of D. R. N itchull's Survey- of the Levy Crew , acaarding to 610 plat thurc-of as recorded in Fla: Book 1, Pgga r-utlic Reo❑r:is of Seminole Cnelr,y. Florida, 4ind rllsu flint pari sof the vacated `; rcc- as set forth in Kr_solutior recorded in Official Nccards Book 2972, Pago .31;1 marc particularly dm�-ribed us tull<;ws; Beginning at the Nor-Feast corner of Jesup's Reserve Townhomes Replqt, according to the plat thereof as recorder} in :'Tat Bac; 71, rages 86 through B3, Public Record:; c= S•ernlr,du Coru,ty, Florld% thence r%In `.39'45'03"E along the Su�ltiewosterly rlghr of way Hireo? State. Road Nei. 434 per dfflofal Rrooids 'dock 2903, Page `02J. and Official Recants Book 2831, Page 'C-24, Public records a` Seminole County, Florida, a distance of 291,90 ice; to a pulnt un u r,or—:urgurst curvu uoncavu to thu S❑utheast, huving a radius of 33.00 fust; thence from a radial bearing, ^.' S07'02'32"E run S©uthwe,;terly along the sero of gold curve T11rough a een,ml angle of 33'15'17 or, arc distance of 19,1,5feet, having a chord hewing of S6G'19'49"W 'and a chord dstance of i8,89 -eet to ❑ poirt of compcu,,d curvature c` a curve concave to the Southet]St, having a rpdfas o: 198.013 feet; thence run Southnestcrly along the orc of said car-;c through ❑ central angle of 121T,t8 an orc distance of 4237 fact, having u chord budrinrg of ;4!'34'32"N and d uhurd dlatance of 42,23 ';wn to a Paint of reversa curvot;lrs cf a curve r.wcive t the NorthwPs-, having a rocli.ls of 'r.2G,0} `Pet; ther•ce r.ln Sc•ufhoesterly along the arc at Said mirve Through a central angle of 12'21'!'';"j3@, 9n arc distance of 49.'? feet, having a chard hearing of 543'40'5a"'�Y and a chord distance of 4a.eh 'net; =hence rue, 544°54' S"'h', a cliatance of 70.78 feet to tlra beginnhtcg of a curve 10 "he Southeast, 1.acing a r•adlus of 48.00 f,et; thence run Southwesterly along the arc ^- saki c:Arve through a cential ca,gle c= 36'52'12", ar arc: dlstanre o- 70,a.P fleet, 11crvirg a .chore! hearing •7f _S31'28'51`66 and a chord distance of 30.Y•r fret; :benne run S011151'00"41', a distance of Fla40 g -Let; thence run SOV52'E, a distance of -512.67 fee; r.i to the begirna of a =:urea urnsu.•c :o tho Southwest, huvlhg a s rudluof 134.00 fust; thunce rur, suu.hoastcily clung the, urc of sold curve through a cerl-rul angle of 92'10'0,1'% an arc dlstar-ce of 8568 'est. huving a chord t1r_:ar'Irg of 519'04'WE and a clmrd distance- of 93,53 fent TO a point of reverse ,::1rvc#ure D' a cUrve uaneare to the Northeast, having a radlus of 15.00 feet; thence run Southcas-rely along the arc of said curve thra;jgh a cantral angle r 41'QS',u", ar arc distance of 11.02 feet, having a chard bcarinc of 514`02'26"E ar;d ❑ chord d1oltvicu of 16,77 'aei; thence rur: S40'05'03"E, u 43lutdrica of 178,00 feet ti; the begiunlhg of u uurvd concave ,o the Northeast, ha•,ing a radius of 2G.0r, feet; thence stn Snuthe-.iAw1y along the arc a' raid curve through. a Central angle of 35'dG'47 4n arc distnnLc. of 112..5b feet, ho-An l a al-,ord henrinq n,` 58'03'27"E ar!d a chord distance of 12.54 fee-; thcncc run 5)6'{;1'50"E, ❑ distance a= GCt9S fort to the beginning of u oArve con xivu <o the Nrrrth, having a radlu s of 24.33 feet; thenr•:e rur Eastetly oilon3 the arn of said rurve thirfxigh a r:en`reil angle o' 27'50'1f;". cin sac dis`elnc,e of 1.309 feet, having a chord bnoriiiq of N$E3'3VC',5"E and a chord d1stance of 88,94 faet to p ppint of rom�",cord curvatvire of a ciirve concove to the NorthnNest, having_ a rhdluG a'= 2.00 fact; }hence rur, r�or he -Aerly alorq the arc c' said curva through a centrul ungla of 59'44'28", an arc ai torso of 2.09 fret, huviny a chord bcuring of N43-13'15'E and u :bora distunce of 1,99 feet; thence curl along the 1Veet rlggh& ref 'way line of TUSKAWLLA R-ad per 7fflcial =Records 3ook 8377, Page i7, Public Reccrds a' Seminole County, Flarida, a distonre of 1 1.E9 feet; thence run N6f'S8'18"Vi along the wcu:h line of said La- 9, a dis:ar,ce al ';82,21 -'eet, thence run hr23'03'-Ib"4 along the 5outhxestcrly line of said Lot_ 7 thruagh 9, a distance - 430.2e feet; thence run N50'19'24"E along 1ht, Northweot:.rly Ilre of s•a1d Lor 7, a dlstame- of 619,36 feet tc- the. Polnt of 5egl0ring; rJortain: 660,6W square feat or 8.2.7E acres, snore or S.R 934 — SUITE 20. NORTH'Iess_ I SHANNON SURVEYING, INC. James$ RDigitalliysigned by 49`9 H' 15 James R Shannon ALTAMONTE sr'R:NGS, FLDRIDA, 32719 Date:202 0.11.04 f4a7} 714-83`12 L3 58116 Shannon1344-44-45'00' DATE DF SANEr: Yc/ae,200 • DRR'art.9Y: 3' SGALE. 1"= 124" JAA1E'S R, SH4NNON JR., P•L.S. #413;lF ,-f';rr3 an-SkET;H- H, ur vera WrHrs,,T TUE 1f,s,41UR_AhD nE�aD a A FLIMA UCZNn Zr,s.AtEYN eN5 MAPPE; SHEET 1 OF .3 DEVELOPMENT AGREEMENT City of Winter Springs and Tuscawilla Property Investors,LLC Page 16 of 34 City ofWinter Springs and TuacuwiDuProperty Investors,LLC SKETCH OF DESCRIPTION PROJECT: SR 434 AND TUSKAMLLA THIS IS NOT A BOUNDARY SURVEY NOT 'VALID WITHOUT SHEETS 1-2 POINT OF BEGINNING NOR1FF-A..T Ct 4NM OF .ESJP'S FE5WE TCW.IHCNIES REPLRT FLAT GOO 71, FADE B@ A llp ,gyp' F V 6-, s hM1�V � \zYS BR'S 14 L2 — .r a I {� yA'YNY§F�-fin �W 1*jt fir c `� C8 Sc C9 C C "A O C7 i9. ra sour,+UNE `- — Lot N87' $'I "w HORY1e RJ'n ue_C1F x$2.27' NATURFB WAY NATURES W.6y DATE OF SJRNEY. 30AM/2027 SHANNON SURVEYING, INC. DRAKE; av, 13,. SCALE; 1`= 120' 1199 NGRT14 S.R. 434 - SUITE 2N5 ALTAMONTE SPRINGS, FLORIDA, 32714 F�kl—P7.r,--,4W—SKET'H-PHI (407) f74-83-12 LH # 6898 SHEET 3 OF 3 DEVELOPMENT AGREEMENT City of Winter Springs and Tuscawilla Property Investors,LLC Page 18 of 34 EXHIBIT B TRUST PROPERTY SKETCH OF DESCRIPTIO! PROJECT; SR 434 AND TUSKAMLLA THIN IS NOT A RtIM)ARY SURVEY NOT VALID WITHOUT SHEETS 2-3 L�Esur<IFnav: That part of Lots Fi :hrnii!lh 9, 10E E. 10HNSTON'S St:RVEY, recorded ir, ;Deed Bonk 147, Page 2 1, Public Recards of `_'c nincic County, Florida, and alga being the: part of Lot 8 Uloek A, and 'hat Fart at the unplattod part of 9lock B of D. R. Mitchull'* survey of the Luvy Crcmt, according to the plot thercuf as recorelriil in l'h1 Book 1, 'age 5, F Ihlic Records cf Seminole 0rmn y, Florida, ar,d rilsn that part of the vpcpted E roe; as set forth in Resolution recorded in U lieial Records Doak 2972. Page 6'16 more particularly deacribnd as fullcws; Commence at :he Northeast corner of •`esup's Reserve Townhannes Replat, according to the plat thereo' as recorded it 'Idt Ht,c< 71, 'ages 86 through 93. PaWic Rawrde of Seralrole County, Fburicla; thence run 539'45'03'E along the Southwesterly right of way lire s' State Rand No. 434 per Official Records Book 26133, Page 1023, and Official Records Book 2d31, Pa" 1,024, Public Records c-- Seminole County, Florlda, a distobee ut 29'.90 foot for a Pell. of L'aglrning sit d a point au a r❑r tWrgent ewra ameuv0 to lila Southeast, having Ci radlus .of 33.00 feet; thence from a icidlal bearing of S07`02732"E null S;1j_ithwesterly along the are of ,aid czlr:e through a central angle of 331517", ar arc: distance of 19.1:5 feet, having a Chord bearing 0 51,6`9'49"N rind a ch^crd distance of 18.85 feet to a point of compound c,urvatrure of a curve corcove to the Sovthe,00, huving a radiuu of 198.08 ;uet; thence run Southwesterly along the arc of said curve through a ccntrul usque of 12'15'18", or, arc dlUtunco of 4237 ;cut, having d chord Lcoring of 513'34'32"t4` and d chord distance of 82.29 feet to n pcjint of reverse curvature of n carve c.onea've to tl':a Northwest, hn'+Ing a rmias of 226.0G feet; therce nur Scauthwes.erly along_ the oro of said curve through a central angle of 17'7W04% nn arc di<_tonce of 49.16 .eet, having a chord bearing o' 54.5'40'55'W and a chord distance of 49,08 feet; thcncu rur S'49'54'57"41, u Jia acce c= 70,75 feet to the beginning of u curve concuve to 'h.c. Souihcust, having a radius c,f 45.00 feet: 1h•ence. run Snuth.westerly along the arc of said curve through a central angle of 31'52'17,", in err. dr-=tnnce of 30,89 fact, hgvin9 ri rhnrd henrir,g of 531'2B'51,.14 find qcheat dissnr=ce o= 30..55 feet, thence rain 5(78'51'00"N, a distance of 13.99 feet; thence run 540'09'52"E, a distance of 52.87 fag: to thu buglrrhnc of u curvu c❑hcavu to the aoathwuSt, having a rudlus of 1.30,00+ 'iuut; theuca ruu S•outhecus:ruly cilong :h(, arc of :old curve ahrough a central angle of, 8210'14", Cu) arc dlscarce of 95,68 feet, hci•:irg a chord hearing of S19'04'50"E and a choid distonce of 83.5.3 feet to a "Irit of reverse curvature cf ❑ curve concave to the rdor:heost, having a radius as` '15.00 'cc-,; thence run Santheostcrly along the arc of said curve through a central angle of 42'US'iS an arc distance of 11.J2 feet, having a Chard b^❑ring of =19'02'26"E unJ o chord dlssance of 10.77 feet: -hence run S40'15'03"E, u distance cf 178.00 feet to the he91nning of n rurv'e norcqvp to the ucrthegs, hnvinq o radius of 20.00, feet; thence r':1n Snzt Pcisterly along the arc of said curve through a central angle of 35756'47", or are distance of 12.55 fee`% having a chord bcarina ea S58'03'2P'E and a chord distance a' 12.64 fcet; thence run 57601'50"E, ❑ distance of 60.93 fro: to the baglnning of u curve corcave to the North, having, a rodl.ia of 24.33 fee=; thence run Easterly along the arc- of enid curve through a central an le of 30"50110', nn circ. distance of 13,09 feet, hnving ci ehor:i hearing of N88'33'051! and n chord distance of 12.44 feet so a point of compound curvntura of n Curve c❑ncavc. to the `1osthwesc, honing ❑ radius at 2.01 fact; thcncu run North:castcrly along the arc of said currrc through a ccntrul angle of 5'3'49'2$", an urc distance of 2.09 feet, having a chord bearing of N'43'13'15'E and el chore) distance of 1,99 fee;; ,hence run N13'18'28"E ohne, the 'Nest rlght of way line of TUSKAY11-1-A Ro,idl per Ofcial Records Book 8377, Page 27, public Records of Seminole County, Florida, a diSLenGe of 223.26 feel; thance contTmie NQ'12 '20"A' along said West right of wap line, a distance cf 4CH8: feet; thence run N69'45'03"V; along said `,southwesterly right of wuy line of State flood No, 414, a distance o: 256.1.6 feet to the ?dint of Beginning; Gortolnv 84,951 square fees or L950 acre❑, n.ore or Ieau, SHANNON SURVEYING, INC, 499 NCRTH '"•R, 434 — `ATE 2045 p� Uigitallysignedby ALTQ,i ONTE SPRINGS, FLOWDA, 327,4 I�� s J R James R Shannon {407) 114—H312 L-3 n ,89B Shannon 11:1111.11 A4 13:45:08-05'00' DATE CF s,nal°r:::a, ei�a ry nR,aaT ERY; B" srALE; l"= 121' JAMES R, SHAyNa; JR„ F.L S. #'4671 Finn PAGu`V E11?,TM'ET R AND MAPT9THE`�A``F'- SHEET 1 0F 3 DEVELOPMENT AGREEMENT City of Winter Springs and Tuseawilla Property Investors,LLC Page 19 of 34 SKETCH OF DESCRIPTION PROJECT: SR 434 AND TUSKAMLLA THIS IS NOT A BOUNDARY SURVEY NOT VALIF) WITHOUT SHEETS 1 & 3 LINE TABLE LINE I BEARING LENGTH Ll S49'54'57'W 70,78' L2 S08'51'00"W 8.99' L3 S4"9'52"E 62.67' L4 S40'05'03-E 178.00' L-rl 576'O"50"E 60.93' Ui N 13'15'20'%' 44 85' I , 1 L7 I SIXI CURVE TABLE CURVE RADIUS DELTA LENGTH RAD, BEARING CH. BEARING CHORD cl 33-00' 33'15'17" 1:x,15' S07'02'32"E: 566'19'49'1V 16,89' C2 198.08' 12'15'18" 42.37' S40-17'50'E 543"34'32'W 47.29' C3 226.00' 12'28'04­ +19.18' N52'33'07'W 513'40'55"y 49.08' C4 48-00' .3652'i2" 30.89' S40'05'0J'*E 831'2B'Sl"W 30.36' 05 1.30.00' 42'10'04" 95.68' 549'50'05"W 519'001'50"E 93-53' C7 70-00* 35")6'47" 12.55' N49"54'57-E 55B'03'77-E 1?.34' CE 24,33' 30'50'IC' 13.09' 1 N 1 X58'1 0"E N88-33'05"E 1294' C9 2.00' 1,59'49'28' 2-09' 1 N16'52'01"W N43'I 3'15-E 1.9D' SURVEYORS NOTES 1. Bt:(jrlrlg:5 baticd on zhe Southwest right of way Ilric of State Road No. 434 dti belrg S39'45'03'E, 2, 1 hereby rortify that the above deserfbed roperty Is true and correc-, to the best of m knowledge and ry belief as racmitl drawn urdar mV direction and shot it meats the Standards o-.' 1ccfice for Land Sirvoying sat for4l In Floilda AdinlAstrative Code Rule 5J-17,05 requirements, 3, Not valid withnut the sigmiture and seal of a Florldc Llcar.sed Surveyor and Mapper. DATE U WRVU. W2812020 SHANNON SURVEYING, INC. DRAW EM Irl WALE: 499 NORTH S,R. 434 — SUITE 2045 %$-P�Ar- ,CH-SKEltH-PH2 ALTAMONTE SPRINGS, FLORIDA, 32714 (407) 774-8372 1-8 # BH8 SHEET 2 OF 3 DEVELOPMENT AGREEMENT City of Winter Springs and Tuscawilla Property Investors,LLC Page 20 of 34 SKETCH OF DESCRIPTION PROJECT: SR 434 AND TUSKAMLLA THIS IS NOT A BOUNDARY SURVEY NOT VALID WITHOUT SHEETS 1-2 POINT OF COMMENCEMENT w[:0 EAT t;c`, NDI OF JESUP'S RSSSERpE TMNHCMES RE?LRT PLAT DON 71, PACE St op Of ,,,cr°�'� �'� CFS �',,�a•$ C? r 4 i ���' � �I -----C4 jpq- L2 'YT i �a {11 g4 � kyr C tR CO r �, ► ' � yr� C7 A i9 a \.b _ OF 5 L LLST une;9 OF _ f e37'SL�'r$ 1Y r NOM R/W UK OF c NATURES WAY .p8 '77 NATLIRE3 !<'YA Y CANE OF S°JRLEY: w/2am2D SHANNON SURVEYING, INC. DRAWN aY, 8' SCALE, I"= �xQ' 499 NGRJH, S.R. 433 — SUITE 24+15 o[l�'G: KH-StEly H-NH'L ALTAMONrE SPRINGS, FLORIDA, -12714 (40/) 774-8371 L_C3 # BM8 SHEET 3 OF 3 DEVELOPMENT AGREEMENT City of Winter Springs and Tuscawilla Property Investors,LLC Page 21 of 34 EXHIBIT C OVERALL SITE PLAN jANE e a Fill,; � I F: ti s 's 5 v r I. k I t k s ,it7 I"^w�f t-'E 3F Y WINTER SPRINGSOVERALL Ve•,o c KimleyoHorn MARKETPLACE SITE PLAN n — DEVELOPMENT AGREEMENT City of Winter Springs and Tuscawilla Property Investors,LLC Page 22 of 34 EXHIBIT D RESULTING PARCELS Resulting Parcel#1 SKETCH OF DESCRIPTIO! PROJECT. SR 434 AND TUSKAMLJ-A THIS IS NOT A BOUNDARY SURVEY NOT VALID WITHOUT SHEETS 2-3 DESCRIPTION That Part of Lots 7 ihrnugh 9, JOE E, JOHN. QN'S SLMEY, r.=corded ir. peed nook 147, Page 221, Public Records of Serninalc County, Florida, and also being that part of Lot a Block A, and that part of the unplatted part of Black B of D. R. lAiteholl's Survoy of the Lavy Grant, according to tha plat thereof as recorded in Pin; Rook 1, Page 5, PUhlic Retards of Seminole, CmInlyy, Florida, %arid alfa thgt part of the vacated Street as set forth in Resolution recorded in Official Records Book 2472, 'agc 373 more particularly dosalbed oa 'ultuw;: RagInning at the Nartheast corner of desup's Reserve Townhomes €teplat, according t0 the plot thereof as rccalde:d it flat BocK 71, 'ages H throull� 33, Public Records of Sernhlole County, Florida; tboInce rdn S39'45'03"E along the Souti,westerly dht of nay line of State Road No, 434 per Official Rocords Book 2803, Page 1023, and official Retards Booic 2851, Page =624, Public Records of Seminole County, Florida, a distance of 291.80 taw: to a pulnt co i nw-congont curvo concdvu to the Southaust, having d radlus of 33.60 fact; thence fiorn a radical bearing of 507'02'32"E run Southwesterly along the arc of Bald curve through a central angle of 3.3'15'17", ar cart distance cf 19.15 feet, having a chord bearing of S6G'19'49'V1 and a clnor'd distance of 18.89 feet to a point of compound curvature of ❑ curve concave to the Southeast. having a radius of 198.08 food: 'Hance run Southwestcrly along the arc of said curvc through a central angle of 12'15'18`, an arc dlstunca of 42.37 feat, Irming a chard bearing of S4-1'.34'32"W and d chord dh;tarca of 42,29 Tutt to a point of reverse curvat+are e. 4 curve concave to she Northwest. having a radfils of 225.00 feel; thence ran Southwos`.erty along the are of said curve thraugh a cencrol angle of 12..'28'[14', on am diAtance of 49.14ff foot,. having a chord bearing of S43'4ta'55"W and a chord distance of 40.08 feet: thenco run 549'54'SJ"h', a d iotonce of 70.78 feet ta; the hegilmlng of a curve concave to the Southeast, having i radlus of 48.00 feet; thence run Southwesterly along the arc of said cnirve through a cenaral argls of 36'52'12", an arc distar'..ce of 30.39 feet, having a chord hearing of Sat'?,8'51"7! grid a chord distance of 30.36 feet; thence rain 508'51'00"N', a distance of 8.89 feet: thence run 540W'57"E, o distolnte of 62.67 feet to the hegir.ning of a curve concave [o the Southwust, huving u radlus of 130.00 fust; thunee run Soothoastolly along the We of sold curve through a central angle of 42'10'04", an arc dlsarce of 95.58 ;eet, having a chord bearing of 519'04'5WE and a chord distance of 93.53 feet to a paint of reverse curvature of a curve concave to the Nor*"-st, having a rodtus of 15.00 feet; thence run Southeasterly along the are of said curve through a central angle of 41'05'15", or, arc distance of 11.02 fact, having ❑ chard bearing of S19"02'26"E and a chord distance of 1G.77 feet; thence rur= 840'05'03"E, u distance of 178.00 feet to the beginning of a curve concave to the Morel ec19t, having q rocl:an of 20,00 feet; ;hence ran Soalth"—a t-Tly along the arc of suil l curve through a %antral angle of 35'56'47". an arc distance of 12..55 feet. having a chard bearinq of S58'03`27"E and a chard distance of 12.34 feat; thence run 576'01'bVE, a distance c' t*.93 foo, to the beginning of a curve concave to the North, having a radlus of 24,33 feet; thence run= Easterly along the arc of said curve through a central anile of 307500 an arc dis=,ante of 13.09 feet, having a choral hearing of N88'3.3'M"E and a chord distance of 12.94 feet to a point of compound curvature of a curve concave to the Northwczt, having a radius e= 2:00 feat; thence run Northeasterly along the arc of said curve through a ceritrol angle of 59'49'28", on are distarce of 2.09 feet, having a chord bearing of N43'13'15"E and a chord distance of 1,99 feet; thence run `'13'18'28'11' along the ',Vest rl.h; of woy line of TUSKAVdLLA Road per official 4ecoras Hoak 9377, Page 27, Public Records of Seminole County, Florida, a distance of 131.69 feet; thence run N81'S9'18"W atony the South line of said Lot 9, a distance of 582.27 fa6t: than" run 1123'03'55"W along the Southwastorly line of sold lots 7 through 9, a distance of 430.19 feet; thence run N5019'24"E along the Northwesterly line of said Lot 7, a distance of 614,36 feet to the Point of Beginning; Contains 36007 square feat or 8.27%3 acres, rnore or lass SHANNON SURVEYING, INC. a S p Digitally signed by 499 NORTH S.R. 434 - SUITE 2045 J R James R Shannon ALTAMONTE SPRWGS, FLORIDA, 32714 700.1 . 4 (407) 714-8372 L2 689E Shannon� De; oa1E cFJRVEr,13:444 saOaeJzaza oRAAU EIT BP SCALE! JAMES R, SHANNON JR., P.LS. 0671 P"1-P0,-olxH-SKEMH-PH1 FLC7Ponq I-WISSIED'5tAA%f:TI IME R'IAW�MAPS TtE`�'``�A SHEET 1 OF 3 DEVELOPMENT AGREEMENT City of Winter Springs and Tuscawilla Property Investors,LLC Page 23 of 34 SKETCH OF DESCRIPTION PROJECT SIR 434 AND TUSKAMLLA THIS IS NOT A BOUNDARY SURVEY NOT VALID �91THOIJT SHEETS 1 & 3 LINE TABLE LINE I BEARING_ LENGTH Ll S49*5V57'1!' 70,78' 1-2 s08'bt'00'vi e.99' L,3 S40'09'52-E 62.67' L+ :-::40'05*03'E 178-00' LE, 576'01'50"E 60-939 L6 51 3'18'28 W 1 131,69 L7 1 513'13'70"E I 44.a5' CA)RVE TABLE CURVE RADIUS DELTA LENGTH RAD. 13EARING CH BEARING CHORD 'v1 33.00' 3315"17" 19.15' S07'02'32"E S66'19'49"W 18,89' C2 198.08' 17"151 H- 42.37' 540'17'50'E 5+3'-34'32-41' 47.29' C3 226,40' 12'28'04" 49,18' N52'33'07'W S43'40'55'W 49,08' C4 45.00' 3652'12" .30.89' S4D'05'03"E S31'28'51"W 30.36' C5 130.00' 42'10'0,1 9568' 949'50'08"4J 519'04'50"E 93.5 Y C16 15,00' 1 42'05'15 11.02' S8T59'48'T SIT02'26"E 10 77' C7_ 20.00' 135"5647" 1 12.55' N49'54'57-E 558'03'27-E 12-34' CB [4,33' 13050'10" 13.09' IN 13'58'1 0"E N88.33'05"E I2,94' C9 2.C-D` 159'49'28" 2-09' N43*13'15'E 1.95' 5'URVEYOR� 5 NOTES 1, Bcrjilngs bused on the Southwest rlgh7 of way llnu of Szutu Rjjd No. 434 as bulng S39'45'03'E, 2. 1 hereby certify that the above described t)ropet-,y if; true clad correct to the best Of ng knowledge and belief as recerII& dra-An urt� direction and *at it meets the Standards o�' actice for Land Sjirve�jng ser for In Florldn A h4tra'h�e Code .hat 5J-17,05 rLquirernentS. Not valld without the signature and sell of o Florida Licensed Surveyor (ind Mapper DATE OF SIJRVEY, tG/28/2020 SHANNON SURVEYING, INC, DRAM BY, BE gcAm I"= 125' +199 NORTH S.R, 434 — SUI-rE 2045 ALTAMONTE SPRINGS, FLORIDA, 32714 PW-Pr-"t LKH-9KMH-PH1 (407) 774-8372 LH # 6ZJ98 SHEET 2 OF 3 DEVELOPMENT AGREEMENT City of Winter Springs and Tuscawilla Property Investors,LLC Page 24 of 34 SKETCH OF DESCRIPTION PROJECT: SR 434 AND TUSKAMLLA THIS IS NOT A BOUNDARY SURVEY NOT VALID WITHOUT SHEETS 1-2 POINT OF BEGINNING ^NQRICAST r; RNM OF ,.ESUP'S REMR1E TOW4HOME6 RES LRT PLAT RON 71, PAGE BE, n�li 84.44 �i]� 0' S do fit= � s,►;a�^ -5 �a L2 I � ,n^7,fy �i�Y-�•, �fy C6 �4 C 4j *Q , C7 sQu r�H ung N87'58'18'"W NORM R/W UNP nF 5$2 7` NATURES WAY av VURES wAy DATE OF SURVEY,- SHANNON URVEY,SHANNON SURVEYING, INC, 11RAW4 BT-. OP SCALE; 499 NORTH S,R, 431 — SUITE 2045 ALTAMONTE SPRINGS, FLORIDA, 32714 +��— L��—sr.EraH—�Hr (407) 774-8372 LS # 6898 <SH E ET 3 OF 3 DEVELOPMENT AGREEMENT City of Winter Springs and Tuscawilla Property Investors,LLC Page 25 of 34 Resulting Parcel#2 SKETCH OF DESCRIPTION PROJECT: SR 434• AND TUSKAMLLA THIS IS NOT A BOUNDARY SURVEY NOT VALID ir4'ITHC1l.JT SHEETS 2-3 GES RIPTION: That part of Lots €3 through 9, JOE E, J?HNSTQN'9 SURVEY. recorded In ileerd Book 147, Pnge 721, ?uhlir. Records of Samin:.lo County, Florida, and uhao being that part of Lot 8 afock A, and Khat part of the unplafTed pram of Block B of G. R. iditchull's Survey of the Levy Grart, according to tllc plot thoroof us recorded in r'lat Ronk 1, Page F, Piihlic Records rf Seminole County, Florida, and alyc, that part of the vdccited Strect as set forth in Rosolution recorded in Offteial Records Back 2972, Frage 373 morc particularly des rlbud cls folk;ws: Commence at the Norrheast corner of Jesup's Reserve Townhomes Replot, according to the plat thereof as ifscorded in Flat Book 71, Pages 86 through 93, Public Records of Senrlr:ole County, Florida; thance run S39'45'0..r3"E dicng the Souti'.wenturiy right of way 111se ©' State Road No 434 per Official Records Book 2903, Page 1023, and Otficial Records Book 2831, Mage 1024. Public ttecards of Sernmale County, Florido, a distance of 281.90 foot for d p4lrr at 13esglrrdria, arld d la0st on d hors-tdngaht curva concova to t1+e Soulhadst, havlrg a radius cr` 3300 feet; thence from a radial bearing of S07'E02'32"E iun Southwesterly along the arc of said curve through a central tingle of 33"15'17", an arc distance .f 19,15 feet, haying a chord becuing of 566'19'49"N and a ;hard distance of 18.112 feet to a point of cornpound curvature. of a curve cceleave' to the Southeast, having a radius of 198.08 fact; thence run South+wustarly along the arc of said curve through a contrdl angle of 12415'18", dr arc dlstcinco of 42-37 loot, having d chord bcarlrig of 543`34'32"W and d chord distunce of 42.2,9 feet to a palet of reveme cur mtllre of a curve carscave to he N rrthwe-st, having a earths of 776.00 feet: thance rur. Southwesterly aloN she arc of said curve through a central angle of 17'29'04", an arc distance of 49.18 fret, licrfng a chard bearing of S43'40'S5"W and a chord distance of 49.0Ef feet; thence rur S49'54'57"N, a dls ance o: 70.78 toot to the bagirnirig of a curve concovc to tFo Southeast, having a radius of 48,00 feet; ;hence run SnutlF'nesterly along the arc of sold =curve thrrtlgh a central angle of 366'57.'12", an fire di0cince of 10.89 feet, having a chord hearing of 531'28'51"W and a chord distar=e c 30,36 fleet, thence run 5713'51`00"V+', a distance of 5-99 feet; thence run 5417'02'52"E, a distance of 52.57 feat tri thu baglrrin4 of a yurvu cotwave to the Sautlivoust, hdving d rddluu of !30,00 fust; thcricu run Southeasterly along the arc of vale] curve through a central angle of 4210'G4", car! arc dlstcvice of 95,68 feet, halving a chord bearing of S19'04"50"E arxt a cl•ord distance of 93.53 feet to a point of reverse curvature of a curve concave to the Northeast, hating a radius of 15,00 fcet; thence run Southeasterly along the arc of said curve through a control angle of 42'01'15", on arc distance of 11.02 fact, having a chord bearing of S19'02'26'E aced a chord dlatance of 14.77 feet; thenca run 844'05'153°E, a d6tdnce of 178.00 fest to th': hpginning of n curve t;oncave to the worthens,, havinq a rafiiu9 of 2(1.00 feet; thence nArl 5ccsiheasterly along the arc of said curve through n central angle of 35'55'47", on arc distance of 17.55 feet, having a chard hearing or' 5515"03'27"E and a chord distance of 12.34 feat; thence run SJ6'Gl'S0'£E, a distance of 6'1.9:5 feet to he beginning of a curve concave to the Ivor-h, having a radhls of 24.33 feet; thence run Eo�terly along the arc: of gafd curve through a central angle of 30'54:'10", in cir(. distance of 13,09 fee;, hilvIng ri (fiord bearing of N58'33'05"E and a chord distance of 1ZR4 feet To a paint of ccsrnpoand curvature of a curve ccncove to the Northwast, having a radius of 2-00 foot; thence run Northeasterly along the arc o3 said curve through a Ventral angle] of 59'49'28", an arc distance of 2,09 feet, having a chord bearing of N43'13'15"E and a chard distance of 1,99 fee7l thence run N13'18'28"E along the Weer rlght of way Ilne of TJSKAw1LLA Road par Official Records Book 8377, page 27, Public Records of Seminole County, Florida, a dig^orce of 723.26 feet, thence continue N13'15'20*W along sold West right of way line, a distance of 44.85 feet; thance run N39'45'03'W along said Southwesterly right of way line of State Road No. 434, a distssnco a= 253496 tett to the Point If ,Beginning; C;ortalns 84,951 uquare feet or 1,950 acre. more or less: SHANNON SURVEYING, INC. Digitally signed by 499 NORTH S.R 434 - SJITE 2045 J a r n e s R ALTAM,iONTE SRR=1'EGS, FLC!RIGA, 3'714 James (407) 774-8;372 L8 # 58gs Shannon Date:2020.1 1.x74 =0,/221/2023 1���.���.0�� DATE OF SilR4EY': nRAwfv aY; B, �CxEI 1"= 120' JAMES R. SHAN,'4CN JR„ P,L,S, #4671 ��r-�-�3ca-S�Errti-Fug NOT VALID WHCv'r'THE SIVAIURE rho THE 1EAL CF A FLr1pInA 1.11 ED'AW111a AND ra,+srEA SHEET 1 OF 3 DEVELOPMENT AGREEMENT City of Winter Springs and Tuseawilla Property Investors,LLC Page 26 of 34 SKETCH OF DESCRIPTION PROJECT: SR 434 AND TUSKAMILLA THIS IS NOT A BOUNDARY SURVEY NOT VALID WITHOUT SHEETS 1 & 3 LINE TABLE LINE I BEARING LENGTH Ll S49'54'57'W 70,78' L2 S0851'00"W R-99' L3 62,67' 1-4 54a*(15'03-E 178-00' L,5 S76'01'50"E 60,93' LE N13'15'20 W 44,85 1 L7 513"1 8'28"w 131-62' CURVE TABLE CURVE RADIUS DELTA. LENGTH RAL, BEARING CH. BEARING CHORD 'Cl 33.00' 33'I5'17" 10,15' S07'02'32"E S66'19'49"W 18,89' C2 195.08' 12'1.5'18" 47-37' 540'17'50'E 543'.34'3.7-W 47.29' C3 226.00' 12"28'04" 4 9,1 B' N52*33'07"W S4 3'40'55'W 49.08' C4 48-00' 3652'12" 30.89' S4fJT5'G3"E 831,28'51"w 30.36' LC9130,00' 42'10'04" 95,68' S4I9'5Q'G8"W S19'04'5019153'15.00' 42'05'15" 11.02' S87'59'4-8"E Sig`02'26"E 10.77' 2o-oo' 12,55' N49'54"37'E 558'03'27"E 12.34' 24,33- 1 -30-50'10" 1 13.09- NJ345811O-E N88'33'05'*E 12.94' 2.00' [59'49'28" 1 2-09' 'A 1 6'52'Q 1"W N 43'13'1 5'E 1.99' 5ORVEYORS NOTES 1, Beadrigs based on the Suutkwest right of wdy llne of State Rodd No. 434 as brlr;g S39'45'031. 2, Leherel;o U Ymrtity that the above described property is true and correct to the best of `P� knowledge and recer.%,, dr undergm -.ion and that it meets the to, ol' P"actica for Land own Surveying ig,&rec set for In Florida Ac trative Code Rule 5J-17,05 requirements, 3. Not valid without the signature and seal of a Florkla Licensed Surveyor and Mapper, DATE OF SURVEY. tO/28-12022 SHANNON SURVEYING, INC. DRAM 8'r. ET SCALE 1'= 120' 499 NORTH S.R. 4311 — SUITE 2045 ALTAMONTE SPRINGS, FLORIDA, 32714 (407) 774-8572 Ll3 # Ba'48 SHEET 2 OF 3 DEVELOPMENT AGREEMENT City of Winter Springs and Tuseawilla Property Investors,LLC Page 27 of 34 SKETCH OF DESCRIPTION PROJECT: SR 434 AND TIJSKAMU-A THIS IS NOT A BOUNDARY SURVEY NOT VALID WITHOUT SHEETS, 1-2 POINT OF COMMENCEMENT �rNGkTW-k$T CORNER OF ,ES-05 RESERVE T'OWNHCMES REPLAT PLAT BON 77, PACE 88 6 f 0 1 f --C4 4 � _ L2 ( `Q6•. i �6 c" �s C r� I C6-- I4 / paC (S7 Cno o r S3QF I ung F LbT g_ N87'S8' t "�V Nol"M R/W UNE OF AATtfts WRY 5$2-27 NAFURLS WA Y DATE OF SURVEY. SG12812420 SHANNON SURVEYING, INC, DRAWN E1Y. B? SCALE; 1" = 120' 499 NORTH S,R. 434 — SUITE 2045 ALTAMONTE SPRINGS, FLORIDA, 32714 (407) 774-83'72 Le # 69'98 SHEET 3 OF 3 DEVELOPMENT AGREEMENT City of Winter Springs and Tuseawilla Property Investors,LLC Page 28 of 34 EXHIBIT E RESULTING TRUST PROPERTY PARCELS Resulting Trust Property Parcel#1 SKETCH OF DESCRIPTION PROJECT., SR 434 AND TUSKAMI-LA THIS IS NOT A BOUNDARY SURVEY NOT VALID WITHOUT SHEETS 2-3 DESCRIPTION: That part of Lot 5 and Lot 9, JOE E. JOHN'STOrN'S SURVEY. recorded in Deed Hook 147, Page 221, Public Records of Seminole County, Florida, and also being that part of the unplatted part of block b of D. IR Mitchell's Survey o= the Levy Grant, according to the plat thereof as recorded in Plat Book 1, Page 5, Public Records of Seminole County, Florida, more particularly described ay follows: Commencing at the Northeast corner of Jesup`, Reserve Townhomes Replat, according to the plat Thereof as recorded in plat Book 71, Pages 88 through ?3, Public Records of Seminole CounTy, Florida; thence nun S39'45'03"E along the Southwesterly right of way line of State Road No, 434 per Official records Book 2803, Page 1023, and Official Records Book 2831, Paye 1024, Public Records of Seminole County, Florida, a distance of 291.90 feet for the Point of beginning; thence continue 539'45'03"E along the Sou ti westerly right of way line of State Road No. 434 per said Official Records Book 2831, Page 1024, Public Records of Seminole County, Florida, a distance of 150.46 feet; thence run S49'54'57"W. a distance of 233.19 feet to ❑ point on a non-tangent curve concave to the Southwest, having a radius of 130.00 feet; thence from a radial bearing of S81'09'51"W run Northwesterly along the arc of said curve through ❑ central angle of 31'19'43", on arc distance of 71.08 feet, having a chord bearing of N24'30'01"W and a chord distance of 70,20 feet; thence run 1.440'09'52"W, a distance of 62.87 feet; thence run N08'51'00"E, a distance of 8.99 feYt to a point on a non-tangent curve concave to The Southeast, having a radius of 481.00 feet; thence from a radial bearing of 576'57'14"E run Northeasterly alang the arc of said curve through a central angle of 317'52'12", an arc distan=ce of 30,89 feet, having a chord bearing of N31'28'51"E and a chord distance, of 30.36 feet; thence run N49'54'57"E, a distance of 70.78 feet to the beginning of a curve concave to the Northwest, having a radius of 276.00 feet; thence run Northeasterly along the arc of said curve through a central angle of 12.'2.85'04", an arc distance of 49.18 feet, having a chord bearing of N43'40'55"E and a chord distance of 49.08 feet to a point of reverse curvature of a curve concave to the Southeast, having a radius of 198.08 foot; thence run rNortheastcrly along the arc of said curve =hroueh a central angle of 12'15'18", an arc distance of 42.37 fort, having a chord bearing of N43'34'32"E and a chord distance of 42.29 feet to a point of compound curvature of a curve concave to the Southeast, having a radius of 33J90 feet; thence run Northeasterly along the arc of said curve through a centrad angle: of 3315'17", an arc distance of 19.15 feet, having a chord bearing of N66'19'49"E Arid a chord distance of 18.89 feet to the Point of Beginning; Contains 32,141 square feet or 0.'l38 acres, more or less. SHANNON SURVEYING, INC, I T 1�5 R 11g1ta11y signed by 499 NORTH SA 434 - SUITE 2045 lames R 5hann+an ALTA41ONTE SPRINGS, FLORIDA, 32714 (407) 774-3372 L9 0 689B Shannon ' Date:2020.111.04 13:A3:34-OS�00 DATE OF SURVEY, 'J�al2uan DRA"NN @Y.BP SCALE JAMES R, SHANNON JR„ RLS, 0671 Nei-r���LkH-s ETCH- �a,ox uCENS=D aA�rr�pn APPEgID qE SPAL OF SHEET 1 OF 3 DEVELOPMENT AGREEMENT City of Winter Springs and Tuseawilla Property Investors,LLC Page 29 of 34 SKETCH OF DESCRIPTIO! PROJECT: SR 434 AND TUSKAMLLA THIS IS NOT A BOONDARY SURVEY NOT VALID WITHOUT SHEETS 1 & 3 SURVEYORS NOTES I. Hearings based on tho Southwest right of way line of Stag Road No. 434 as being S3'9'4 S`0 3"E. 2. 1 hereby certify that the above described property is true and correct tc the best of my knowledge and belief a: recently drawn :leder rn direction and that it rneetq the S andarda of Practice for land Surveying set forth in Florida Administrative Code Rule 5J-17.05 requirements. 3. Not vglld without the signature drid seal of a Florida Licensed Surveyor and Mapper. LINE TABLE LINEI BEARS W LENGTH L7 S39'45'03`E ,''i .46' L2 N40'09'52"W fs2,67' L3 N08'51'00"E 8.991 L4 N49',94':7'E 70.78' CURVE TA3LE CAJRVE RAD1 J5 DELTA LENGTH RAD, REA.RNG CH, EAR)N(; CHORD 01 130.00' 31'13'43" 71.08` 581'09'51"VP N24-30'01"W 70,20' C2 45.00' 36'52'12" 301,89' S16'57',41 N31'28'51'E 30.36' C3 276.40' 12'28'€14" 49-18' N40'05'03"W N43'40'35"E 49.08' C4 198.08' 12'15'18" 42.37' S52'33'07'E N43'34.'32AE 42.29' C5 33.0+0' 33'15',7" 19.15' 54017'50"E NdBl9'49"E 151.89' DATE OF WRVEY; kIJ03/2020 SHANNON SURVEYING, INC. DRAAN aY. '9' SCALE;j"= 12"'` 499 NORTH S.R. 434 — SURE 2445 ALTAMOr TE SPRINGS, FLORIDA, 32714 �3�—'a�:' 'uz�-sK�H-� (407) 774-8,372 LB # 6898 SHEET 2 OF 3 DEVELOPMENT AGREEMENT City of Winter Springs and Tuseawilla Property Investors,LLC Page 30 of 34 SKETCH OF DESCRIPTION PROJECT SR 434 AND TUSKAINILLA THIS IS NOT A BOUNDARY SURVEY NOT VALID W17HOUT SHEETS 1-2 t POINT OF BEGINNING �NGk1}£AST CORNER OF .ES±JF'S AE5ERVE 7UMHOME5 REPLAT PLAT BOOM 71, PACE 66 ['P� ,� �'3� RC1 I 41 11 I I ' el1l Icev, -191 h i A? NA7VRES WA eaz, r DATE DF SURVEY.- 3i1G3d'2D2t7 SHANNON SURVEYING, INC. DRAM er 32 SCALE! I"= 12' 449 NORTH S,R, 431 — SUFFE 2445 P81—Pl"5--aLxH—SKETCH ALTAK40NTE SPRINGS, FLORIDA, 32714 (447) 774-8372 LR # 6898 SHEET 3 OF 3 DEVELOPMENT AGREEMENT City of Winter Springs and Tuscawilla Property Investors,LLC Page 31 of 34 Resulting Trust Property Parcel#2 The Trust Property(described in Exhibit`B") LESS AND EXCEPT the Resulting Trust Property Parcel #1 (described above)—and reflected as "Parcel 7" (Future Development) in the sketch above. DEVELOPMENT AGREEMENT City of Winter Springs and Tuscawilla Property Investors,LLC Page 32 of 34 JOINDER AND CONSENT For and in consideration of the mutual covenants, terms, and conditions and restrictions contained herein, together with other good and valuable congiderati n,the receipt and sufficiency of which is her by clsnowtedged, 1 r'[a + 1 �,� a �a CAar4�i c a�r as holder of that certain Mortgage i 11 0-2 (hereinafter referred to as the "Mortgage") which is recorded in Official Records Book "' , Page►31�Fle Public Records of Seminole County, Florida, hereby joins in and consents to the foregoing Development and Property Division Agreement by and between the City of Winter Springs, a Florida municipal corporation, and Tuscawilla Property Investors, LLC, a Florida limited liability company, and further acknowledges and agrees that its Mortgage shall be subordinated to such Development and Property Division Agreement and the obligations contained therein. Dated this_a S�k day of K,,1\2021. Signed and sealed in the presence of: By: [. Name: Print Name: Title Print Name: IT t,�-` .+ oc rumc)r ]n STATE OF COUNTY OF The foregoing instrument was acknowll ged before me by means of Zphysioal presen a or online notarization, this day of l , 2021,by U M Sld'V>cye the -- of 0yy.l7urt a _ ,a ,on behalf of the company, DEVELOPMENT AGREEMENT City of Winter Springs and Tuscawilla Property Investors,LLC Page 21 of 22 who is personally known to me or produced as sdentifieait>on. - - — (NOTARY SEAL) ('to:ary isSignature) _._ " r (Print Name) CLAIRE state Notary Public �s N°tary Publie State°i F4orida y , State of . Commissi°n#GG 1'4.14.ioi1 Commission No.: :..: MY C°mm-Expires Sep 6°nded through Natior+al N°tart Assn• My Commission Expires: s••r A.,.,• CLAME L ERTLF N°tory POO(:-State of Flurkda Commiss4on p GG 114117 `? MY COMM.Expires Sep 19,1017 9on "" ded through,ationa4 Notery Rise, DEVELOPMENT AGREEMENT City of Winter Springs and Tuscawilla Property Investors,LLC Page 22 of 22