HomeMy WebLinkAboutTuscawilla Property Investors, LLC First Modification to Development and Property Division Agreement (Winter Springs Marketplace) - 2023 01 30 GRANT MALOY, SEMINOLE COUNTY
CLERK OF CIRCUIT COURT& COMPTROLLER
CFN#2023018484 Bk:10397 Pg:628-643(16Pgs)
REC: 03/01/2023 10:43:14 AM by pkirkland
THIS INSTRUMENT WAS PREPARED BY RECORDING FEES $137.50
AND SHOULD BE RETURNED TO:
Anthony A. Garganese
City Attorney of Winter Springs
Garganese,Weiss,D'Agresta&Salzman,P.A.
I I I N.Orange Avenue,Suite 2000
Orlando,FL 32802
(407)425-9566 FOR RECORDING DEPARTMENT USE ONLY
FIRST MODIFICATION TO
DEVELOPMENT AND PROPERTY DIVISION AGREEMENT
Winter Springs Marketplace/Tuscawilla Property Investors
THIS FIRST MODIFICATION TO DEVELOPMENT AND PROPERTY
DIVISION AGREEMENT ("First Modification") is made and executed this .30"41 day of
u , 2023, by and between the CITY OF WINTER SPRINGS, a Florida
unicipal Coi oration ("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 and the City have entered into and executed that certain
Development and Property Division Agreement for Winter Springs Marketplace, dated March 8,
2021, and recorded in the Official Records of Seminole County at Book 9887,Pages 718-751 (the
"Development Agreement"); and
WHEREAS, the Development Agreement governs the development of both the Property
and Trust Property, as legally described and defined therein, the Trust Property having been
conveyed to the Developer subsequent to the execution and recordation of the Development
Agreement, the Trust Property being more particularly described in Exhibit "D" of the
Development Agreement and attached hereto for convenience; and
WHEREAS, specifically, Section 3.0 of the Development Agreement provided that the
Developer would complete the closing on the Trust Property no later than one year after the
Effective Date of the Development Agreement and that the City's approval of the Final
FIRST MODIFICATION TO DEVELOPMENT AGREEMENT
City of Winter Springs and Tuscawilla Property Investors,LLC
Page 1 of 16
Engineering Plans/Site Plan and Waivers as applicable to the Trust Property would be conditioned
upon the Developer's acquisition of fee title; and
WHEREAS, the Developer timely completed the acquisition on November 15, 2021, as
evidenced by that certain Special Warranty Deed, recorded in the Official Records of Seminole
County, Book 10106, Page 1990; and
WHEREAS,upon the completion of the closing and acquisition of the Trust Property, the
Development Agreement provided that the Trust Property would be further divided into two (2)
resulting Trust Property parcels, as legally described in Exhibit "E" of the Development
Agreement; and
WHEREAS, the Developer now desires to modify the Final Engineering/Site Plan as to
the Resulting Trust Property Parcel#1, particularly consisting of 0.74 acres, more or less, 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 in Exhibit "E" of the
Development Agreement ("Resulting Trust Property Parcel 41") and attached hereto for
convenience; and
WHEREAS, the Developer originally intended to construct a 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"), attached to the Development Agreement as Exhibit "C", on the
Resulting Trust Property Parcel#1; and
WHEREAS, Developer has now applied for a conditional use of a "financial institution"
and submitted revised Final Engineering Plans, additional Waivers, a variance, and Aesthetic Plan
Approval in order to construct a bank on the Resulting Trust Property Parcel#1; 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
August 15, 2022; 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 First Modification shall be recorded against the Trust Property so that
the terms and conditions of approval related to the Trust Property shall run with the land; and
NOW THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties mutually agree as follows:
FIRST MODIFICATION TO DEVELOPMENT AGREEMENT
City of Winter Springs and Tuscawilla Property Investors, LLC
Page 2 of 16
I
1.0 Recitals. The foregoing recitals are true and correct and are hereby incorporated
herein by this reference.
2.0 Authority. This First Modification is entered into pursuant to the Florida
Municipal Home Rule Powers Act.
3.0 The Trust Property. The subject of this First Modification is the Trust Property,
legally described in EXHIBIT"D",attached hereto and fully incorporated herein by this reference
for convenience.
4.0 Fast Food Restaurant Improvements Rescinded. Approval of the final
engineering plans/site plan and one (1) waiver for a drive-through window located on the side of
the building as granted by the City Commission at its regular meeting of February 22, 2021 for the
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")is hereby rescinded and replaced as provided herein.
The final engineering plans/site plan and the drive-through window waiver applicable to the Fast
Food Restaurant Improvements shall no longer bind, or benefit and burden, the Resulting Trust
Property Parcel #1.
5.0 Project Description and Requirements; Phasing. Developer has constructed
Phase I of the five-building shopping center on the Property, as well as supporting infrastructure,
stormwater pond, parking lots, and landscaping. Phase 11 of the Project shall no longer consist of
the Fast Food Restaurant Improvements on the Resulting Trust Property Parcel#1. Rather, Phase
II shall consist of a bank with associated parking and stormwater improvements and rear drive-
through on Resulting Trust Property Parcel #1 and an additional parcel of property for future
development on the remainder of the Trust Property (Resulting Trust Property Parcel #2). The
"Overall Site Plan", Sheet C4.0 of the Final Engineering Plans, attached to the Development
Agreement as EXHIBIT "C" for convenience and incorporated therein by reference, shall be
modified with respect to the Resulting Trust Property Parcel #1 and replaced with the Final
Engineering/Site Plans as described in this Paragraph.
(Hereinafter, all project description and requirements and references to the "Project" shall
be modified to include the bank and associated improvements).
The Developer shall construct the Project in a manner consistent with the approved Final
Engineering/Site Plans, Aesthetic Plans, Variance, 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: CU2022-0025 FIFTH THIRD BANK CONDITIONAL USE
SP2022-0026 FIFTH THIRD BANK SITE PLAN REVIEW
WA2022-0045 FIFTH THIRD BANK WAIVERS
FIRST MODIFICATION TO DEVELOPMENT AGREEMENT
City of Winter Springs and Tuscawilla Property Investors,LLC
Page 3 of 16
AR2022-0046 FIFTH THIRD BANK AESTHETIC REVIEW
VAR2022-0053 FIFTH THIRD BANK VARIANCE
The Final Engineering/Site Plan for the bank on Resulting Trust Property Parcel #1 is attached
hereto as EXHIBIT "F" for convenience and incorporated herein by this reference.
5.1 Conditions of Approval. 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. The waiver from Winter Springs City Code, Sec. 20-327.1(a), to allow an additional
monument-style ground sign on the Trust Property shall be a multi-tenant ground sign
that will serve the tenants of both the Resulting Trust Property Parcel #1 and#2. No
further monument signs will be permitted on the Trust Property's SR 434 frontage. The
Developer shall be required to provide a satisfactory signage easement at the time of the
monument sign's installation.
6.0 Termination of Approval as to Resulting Trust Property #1. In the event the
Developer (or the ground tenant of Resulting Trust Property Parcel#1) fails to obtain the building
permit and substantially commence vertical construction of the building, which shall at minimum
include building foundations, on the Resulting Trust Property Parcel#1 within two (2)years of the
Effective Date of this First Modification,then the City shall have the right to terminate and/or void
the approvals set forth in Section 5.0 as applies to the Resulting Trust Property #1 and require the
Developer to reapply to the City for such approvals as applies to the Resulting Trust Property
Parcel #1. The Developer may apply to the City Commission for an extension of this deadline,
which may be granted upon good cause shown.
7.0 Deadline to Install Streetseape. The second sentence of Section 4.1(B) of the
Development Agreement is hereby deleted in its entirety and replaced with the following:
The Trust Property streetscape shall be installed within twelve (12) months of the
Effective Date of this First Modification. The Developer shall submit a Landscape
Performance and Maintenance Bond in a form acceptable to the City Attorney
ensuring planting and installation of all required trees and landscaping for the Trust
Property streetscape should the Developer fail to install the streetscape within the
twelve-month deadline and proper maintenance of the trees for two (2) years after
planting.
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 First Modification and has taken all necessary action to authorize the
execution, delivery and performance of this First Modification. The Developer further agrees and
makes the following representations and warranties to the City:
FIRST MODIFICATION TO DEVELOPMENT AGREEMENT
City of Winter Springs and Tuscawilla Property Investors,LLC
Page 4 of 16
A. The Developer is lawfully seized of the Trust Property in fee simple and has full and
lawful authority to execute this First Modification and bind the Trust Property as set
forth herein.
This First Modification 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 First Modification in the Public Records of Seminole County, Florida, the First
Modification shall be a binding obligation upon the Trust Property in accordance with the terms
and conditions of this Agreement. Developer represents that it has voluntarily and willfully
executed this First Modification for purposes of binding himself and the Trust Property to the terms
and conditions set forth in this First Modification.
9.0 Successors and Assijzns. This First Modification 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 First Modification similarly shall be binding upon the
Trust Property, and shall run with title to the same upon being duly recorded against the Trust
Property by the City.
10.0 Effective Date. This First Modification shall become effective upon approval by
the City Commission and execution of this First Modification by both parties hereto.
11.0 Recordation. Upon full execution by the Parties, this First Modification shall be
recorded upon the Trust Property in the Public Records of Seminole County, Florida by the City
and shall be binding upon the Trust Property and all future owners thereof.
12.0. Notice. Section 26 of the Development Agreement is amended to provide that
notices for the Developer's attorney shall be delivered to
Nicole Latham Carolan, Esq.
Equinox Development Properties, Inc.
630 S. Maitland Avenue, Suite 100
Maitland, FL 32751
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.
13.0 Effect of Modification. All other terms and conditions of the Development
Agreement, not in conflict with this First Modification, shall remain in full force and effect.
FIRST MODIFICATION TO DEVELOPMENT AGREEMENT
City of Winter Springs and Tuscawilla Property Investors, LLC
Page 5 of 16
IN WITNESS WHEREOF,the parties have hereunto set their hands and seal on the date
first above written.
CITY OF WINTER SPRINGS
By: ;4�4 g
Kevin McCann,Mayor
Date: l ' se -.A3
ATTEST:
By:
Christian Gowan, City 61erk
APPROVED AS TO FORM AND LEGALITY
1 ��++ For the use and reliance of the City of Winter Springs,
A : hr
f�;: : •'•y.•y/��r', Florida only.
��.' L•: tit Date: - a
Ala • -� B
A--
Ai;ttfony A. Garganese, City Attorney for
eQ', , `19 J� the City of Winter Springs, Florida
TATO*\ `FLORIDA
COUNT•,Y'OF SEMINOLE /
The foregoing instrument was acknowledged
dged before me by means of (Z physical
presence or(__) online notarization, this 30 day of Ja.n ,2023,by Kevin McCann,
Mayor of the City of Winter Springs, Florida a Florida municipal Forporation, on behalf of the
corporation, who is r—qo
—ally known to in or produced
as identification.
(NOTARY SEAL)
(Notary Public Signature)
T/S-H n ko4e r
(Print Name)
y9i
State of Florida Notary Public, State of
otter
ion GG 953677 Commission No.:/2024
My Commission Expires: a drt 161024
FIRST MODIFICATION TO DEVELOPMENT AGREEMENT
City of Winter Springs and Tuscawilla Property Investors,LLC
Page 6 of 16
Signed, sealed and delivered in the TUSCAWILLA PROPERTY INVESTORS,
presence of the following witnesses: LLC
-- By:
Ryan Stahl
Signat of Witness
t I C.on-t ow vT-on O�
Printed Name of Witness Date:
Sign turtof wr It'ffetcher
Printed Name of Witness
STATE OF
COUNTY OF
The foregoing instrument was acknowl ged before me by means of C ) physical
presence or (_) online notarization, this Q`�'day of q J , 2023,by Ryan Stahl,the
Manager of Tuscawilla Property Investors, LLC, a limitm liability ,ompany, on behalf of the
company,who is personally known to me or produced
as identification.
(NOTARY SEAL)
(Notary Public Signature)
40171 Fletrhor
(Print Name)
LORI FLETCHER Notary Public, State of �7 L6�
* MY COMMISSION#HH 21W2 Commission No.: -d 1 g 4 2 a
EXPIRES:February 26,2026 a`J ��
My Commission Expires:
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.
FIRST MODIFICATION TO DEVELOPMENT AGREEMENT
City of Winter Springs and Tuscawilla Property Investors,LLC
Page 7 of 16
EXHIBIT D
TRUST PROPERTY LEGAL DESCRIPTION
SKETCH OF DESCRIPTION
PROJECT: SIR 434 AND TUSKAMLLA
THIS IS NOT A BOUNDARY SURVEY
NOT VALID WITHOUT SHEETS 2-3
DESCRIPTION:
That part of Lots 6 through 9, JOE E. JOHNSTON'S SURVEY, recorded in Deed Book 147, Page 221, Public
Records of Seminole County, Florida, and also being that part of Lot 8 Block A, and that part of the
Unple",eli, part of Block B of D. R. Mitchell's Survey of the Levy Grant, according to the plat thereof us
re
tarded in Plat
t Book 1, Page 5, Public Records of Seminole County, Florida, and also that part of the
vacated Street as set forth In Resolution recorded in Official Records Book 2912, Page 373 more particularly
described as follows:
Commence at the Northeast corner of fesup's Reserve Townhomes Replat, according to the plot thereat as
recorded In Plat Book 71, Pages 86 through 93, Public Records of Seminole County, Florida: thence run
S39'45'03"E along the Soathwesterly right of way lire of, State Road No, 434 per Official Records Book 2803,
Page 11023, and Official Records Book 2831, Page I024, Public Records of Seminole County, Florida, a distance
at 291.90 feet for d pain-, of Bug1rinfito and (I point an U D0t1-tdt1g0rIt Curve ConCdVC to the Southeast,
having a radius Of 33.00 feet; thence from a radial bearing of S07'02'32"E run Southwesterly along the arc
of said curve through a central angle of 33*15'17". an (ire distance of 19,15 feet, having a chord bearing of
S66'19'49"W and a chord distance of 18-99 feet to a point of compound Curvature of a curve concave to the
Southeast, having a radius of 198.08 fact; thence run Southwesterly along the arc of said curve through a
'a central angle at 12*15'18", an jtc distance of 42.37 fact, having a chord bodring of S4314'32"W and a chord
distance of 42.29 feet to a point of reverse curvature of a carve concave to the Northwest, having a radius
of 226.00 feet; thence ran Southwesterly along the arc of said curve through a central angle of 12*25'04*' an
arc distance of 49.18 feet, having a chord bearing Of S43*40'55"N and a chord distance of 49.08 feet;
thence run S49'54'57'W, a distance of 70.78 feet to the beginning of a curve concave to the Southeast,
having a radius of 48.00 feet; thence run Southwesterly along the arc of said curve through a central angle
of 36'52'12', an are distance of 30.89 feet, having a chord bearing of S31*213*51"W and a chord distance of
30.36 feet; thence run S08'51'00'W, a distance of 13.99 feet; thence run S40'09'52E, a distance of 62.67
feet to the beginning of a CLavu Concave to the Southwest, having a radius of 130.00 fact; thence run
Southeasterly along the (ire of said curve through a Central angle of 42'10'04", an arc distance of 95,68 feet,
having a chord bearing of S19*04'50"E and a chord distance of 93.53 feet to a point of reverse curvature of
a curve concave to the Northeast, having a radius of 15.00 feet; thence run Southeasterly along the arc of
said curve through a central angle of 42*05'15", an arc distance of 11.02 fact, having a chord bearing of
S19*02'26"E and d chord dj*-1dMCe, Of 10.77 feet: thence run S40'0503"E, a distance of 178.00 feet to the
beginning of a curve concave to the Northeast, having a radius of 20,00 feet; thence run So,4thecisterly along
the arc of sold curve through a central angle of 35*56'47", or, arc distance of 12,55 feat, having a chord
bearing of S58*03'27"E and a chord distance 04 12.34 feet; thence run S76'01'50'E, a distance of 60.93 feet
to the beginning of a curve concave to the North, having a radius of 24.33 feet; thence run Easterly along
the (ire of said curve through a central angle of 30'50'10', an are distance of 13,09 feet, having a chord
bearing of N88'33*05"E and a chord distance of 12.94 feet to a point of compound curvature of a curve
concave to the Northwest, buying a radius of 2.00 feet: thence run Northeasterly along the ore of said curve
through a central angle of 59'49'28", an ore distance of 2.09 feet, having a chord bearing of N43*13'15'E and
a chord distance of 1,99 feet; thence rut) N13'18'28"E along the West right of way line of TUSKAY41LLA Road
per Official Records Book 8377. Page 27, Public Records of Seminole County, Florida, a distance of 223.26
feet; thence continue along said West right of way line, a distance of 44.85 feet; thence ran
N39*45'03*W along said Southwesterly right of way line of State Road No. 434, a distance of 253.96 feet to
the Point of Beginning;
Contains 84,951 square fee-, or 1,950 acres, more or less
SHANNON SURVEYING, INC.
499 NORTH S,R, 43+ - SUITE 2045
Digitally signed by ALTAMONTE SFR<NGS, FLORIDA, 32714
James'R, James R Shannon (407) 774-8372 L8 # 689B
Shannon 3.45:08-05'00'' -Date:
at':2020.1 1.G4 DATE CF WRVEY% 10/28/2020
ORKAN By. B` SCALE; t"= 120'
JAMES R. SHMNON JR;. P.LS, #4671 PH%-+NluKH-SKETCH-PH2
NOT VALID HT1400A THE 5IGNATUM MID T14E tEAL OF A
FLORIDA LW .-�E0 S�AVEYO;t AND SHEET 1 OF 3 EP
FIRST MODIFICATION TO DEVELOPMENT AGREEMENT
City of Winter Springs and Tuscawilla Property Investors,LLC
Page 8 of 16
SKETCH OF DESCRIPTION
PROJECT. SIR 434 AND TUSKAWILLA
THIS IS NOT A BOUNDARY SURVEY
NOT VALID WITHOUT SHEETS 1 & 3
LINE TABLE
LINE BEARING LENGTH
LI S49*54'57'W 70,78'
L2 S013'51'00"W 8.99'
L3 S40'09'52"E 62,67'
L4 540'05'{)3'E 178-00'
1 L5 S76'01'50"E ()0.9.3'
LG N13*,15'20*%V 44.85,
L7 S1 3. 8'2R"W 131.69'
CURVE TABLE
CURVE RADIUS DELTA LENGTH RAD, BEARING CH, 13EARING CHORD
C1 33.00' 33'15'17" 19.15' S07*02'32"E S66'19'49"W 18.89'
C2 198.08' 12'15'18' 42.37' S40'17'50"E S43'34*32W 42.29'
C3 226,00' 12"28'04" 49,18' N52'33'07-W S43'40'55"W 49.08'
C 4 48.00' 3652'12" 30.Bg' S40'05'03'*E S31'28'51"W 30.36'
C5 130,00' 4 2'10'04" 95,68' S49'50"013"W S19*04'501 93,53'
C6 15.00' 42'05'15" 11.02' S87*59'48"E S19*02'261 10.7 7'
C7 70.00' S5'56'47" 12.55' N49'S4'S7®E S58'03'27®E 12.34'
CB 24.33' 30'50'10" 13M' N 13*58'1 0"E N88'33'05"E 12.94'
C9 2.00' 59'49'213" 2-09' N16'52'01"W N43*13*15-E 1.99'
SURVEYORS NG'TES
1. Beudrigs based on the Southwest right of way llnu of State Road No, 434 as belt S39'45'03'E
2. 1 hereby certify, that the above described Property Is true and correct to the best of q-,y knowledge and
belief as recen%,, drawn underrr)m 7,gsdireciion and shut it meats the Standards o' Practice for Land
Surveying set for In Florida Ad , trative Code Rule 5J-17.05 requirements,
3. Not valld without the signature and sea[ of a Florida Licensed Surveyor and Mapper.
DATE CF SVRVEY, tO/28/202D
SHANNON SURVEYING, INC. DRAAV BY, 92 SCALE: I" = 120'
499 NORTH S.R, 434 — SUITE 2045
ALTAMONTE SPRINGS, FLORIDA, 32714 PF1-41,',$-FLK4-SKETCH-PH7
(407) 774-8372 LB # 6898 SHEET 2 OF 3
FIRST MODIFICATION TO DEVELOPMENT AGREEMENT
City of Winter Springs and Tuscawilla Property Investors, LLC
Page 9 of 16
SKETCH OF DESCRIPTION
PROJECT- SR 434 AND TUSKAWILLA
THIS IS NOT A BOUNDARY SURVEY
NOT VALID WITHOUT SHEETS 1-2
POINT OF COMMENCEMENT
NOR WEAI.iT C ORNE14 OF
.ESOP'S NESER'4E TOVNHOMES RE=PLAT
`titb� PUT BON 71. PAGE 8E
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N�TSB`1Ei'W NOT1H R7w un'_OF 2NAr1JasS WAY ;
NATURES WAY 582-27'
DATE OF SiIMSY: W/28/202D
SHANNON SURVEYING, INC. DRAW BY: B' 'SCALE; 1"= 120'
499 NORTH S.R. 434 - SURE 2045
ALTWONTE SPRINGS, FLORIDA, 32714 F �--1'c x3-��ETCH-PH2
(407) 774-8312 Ld # 6898 SHEET 3 OF 3
FIRST MODIFICATION TO DEVELOPMENT AGREEMENT
City of Winter Springs and Tuscawilla Property Investors, LLC
Page 10 of 16
EXHIBIT E
RESULTING TRUST PROPERTY PARCEL #1
SKETCH OF DESCRIPTION
PROJECT- SR 434 AND *RJSKAMLLA
THIS IS NOT A BOUNDARY SURVEY
NOT VALID WITHOUT SHEETS 2-3
DESCRIPTION:
That part of Lot 8 and Lot 9, JOE E. JOHNSTON'S SURVEY, recorded in Deed Book 141,
Page 221, Public Records of Seminole County, Florida, and also being that putt of the
unplatted part of Block 13 of D, R. Mitchell's Survey of the Levy Grant, according to the
plot thereof as recorded in Plot Book 1, Page 5, Public Records of Seminole County,
Florida, more particularly described an follows:
Commencing at the Northeast corner of Jesup's Reserve Townhomes Replat, according
to the plat thereof as recorded in Plat Book 71, Pages 86 Through 93, Public Records
of Seminole County, Florida; thence run 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, Page 1024, Public Records of Serninole County, Florida, u distance
of 291.90 feet for the Point of Beginning; thence continue S39*45*03"E along the
Southwesterly right of way line of State Road No. 434 pet 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 a point on a non—tangent curve
concave to the Southwest, having a radius of 130,00 feet; thence from a radial bearing
of S51'09'51"W run Northwesterly along the arc of said curve through a central angle of
31*19'43", an are distance of 71.08 feet, having a chord bearing of N24*30'011"W and a
chord distance of 70.20 feet; thence run N40'09'52"W, a distance of 62.87 teet., thence
run N08'51'00"E, a distance of 8.99 feet to a point on a non—tangent curve concave to
the Southeast, having a radius of 48.00 feet; thence from a radial bearing of
S76'57'14"E run Northeasterly along the arc of said Curve through a central angle of
36*52'12", an arc distance of 30.89 feet, having a chord bearing of N31'28'51"E and q
chord dis'ance 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 226,00 feet; thence
run Northeasterly along the arc of said curve through a central angle of 2,28,04,,, 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 loot; thence run Northeasterly along the arc of Said curve
through a central angle of 12*15'18", an arc distance of 42.37 feat, 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 33.00 feet; thence
run Northeasterly along the arc of said curve through a central angle of 331517", an
arc distance of 19.15 feet, having a chord bearing of N66*19*49"E and a chord distance
of 18.89 fee' to the Point of Beginning-,
Contains 32,142 square feet or 0338 acres, more or less.
SHANNON SURVEYING, INC.
ligitally signed by 199 NORTH S.R. 434 — SUITE 2045
ALTAMONTE SPRfNGS, FLORIDA, 32714
iames,R'-'� James
s R Shannon (407) 774-8372 L8 o 6898
Date,2020.11,04
Shannon DATE OF SJRVEY. 11/03/2020
114 3-34-05'00' DRA04 BY: W SCALE: 1"v 120'
JAMES R. $Wl
Nor wu)vATHw-r vr uctiaur�E mi)TIE SIZAL OF
FLARIDA LICVVED SiAWYOR 00 MAPPER SHEET 1 OF 3
FIRST MODIFICATION TO DEVELOPMENT AGREEMENT
City of Winter Springs and Tuscawilla Property Investors, LLC
Page 11 of 16
SKETCH OF DESCRIPTION
PROJECT: SIR 434 AND TUSKAWILLA
THIS IS NOT A BOUNDARY SURVEY
NOT VALID WITHOUT SHEETS 1 & 3
SURVEYORS NOTES
1, Bearings based on the Southwest right of way line of Stato Road No, 434 as being
S39*45'03"E,
2, 1 hereby certify that the above described propertyis true and correct to the best of my
knowledge and belief as recently drawn under m ection and that it meets the Standards
of Practice for Land Surveying set forth in my
Administrative Code Rule 5J-17.05
requirements.
3. Not valid without the signature arid seal of a Florida Licensed Surveyor and Mapper.
LINE TABLE
LINE BEAWNG LENGTH
u, S39'45'03'E
L2 NI0*09'52"W 62,67'
L3 N08-51-00-1 8.139'
L4 N149'54'57*'E 70.78'
CURVE TABLE
CURVE RADIUS DELTA LENGTH RAD, REARING CH- REARING CHORD
C1 130,00' 31'19'43" 71,0 F3' S8 1'09'51"W N24'30'01"W 70.20'
C2 48,00' 36'52'12" 30,89' S76*57'1 4"E N31'28'51"E 30,36'
C3 226,00' 12'28'04" 49.18' N40'05'03"W N4T40'551 49,08'
C4 198.08' 12*15'18" 42.37' S5233'07'E N43*3021 42,29'
C5 33.00' 33*15"17" 19,15' SVD'l 7'50"E N66'19'49"E
DATE Cf 5JRVEY; t1/03/2020
SHANNON SURVEYING, INC. DRAW HY: B" SCALE: 1"= 120'
499 NORTH S.R, 434 - SUITE 2045
ALTAMONTE SPRINGS, FLORIDA, 32714 RM-PVf-f3LKH-5KMH-3
(407) 774-8312 LB # 6898 SHEET 2 OF 3
FIRST MODIFICATION TO DEVELOPMENT AGREEMENT
City of Winter Springs and Tuseawilla Property Investors, LLC
Page 12 of 16
SKETCH OF DESCRIPTION
PROJECT- SIR 434 AND TUSKAMLLA
THIS IS NOT A BOUNDARY SURVEY
NOT VALID WITHOUT SHEETS 1-2
POINT OF BEGINNING
NUOlf-EkST CORNER CF
XSJP'S RESERVE TOYNHOMES REPLAT
FLAT 80U( 71. PACE 66
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AfA rIVRES WAY 562,27'
DATE CF SURVEY, tt/0,3/2020
SHANNON SURVEYING, INC. DRAIAN BY: BE SCALE: 1" = 120'
499 NORTH S.R. 434 — SUITE 2045
ALTAMONTE SPRINGS, FLORIOA, 32714 PRl-PG5--4LKN-SKETCH-3
(407) 174—B372 LU # 6898 SHEET 3 OF 3
FIRST MODIFICATION TO DEVELOPMENT AGREEMENT
City of Winter Springs and Tuscawilla Property Investors, LLC
Page 13 of 16
EXHIBIT F
OVERALL SITE PLAN
RESULTING TRUST PROPERTY PARCEL #1
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(M(��1 C�gIIHW[AIW� ppMr. 1�FIRST MODIFICATION TO DEVELOPMENT AGREEMENT
City of Winter Springs and Tuscawilla Property Investors, LLC
Page 14 of 16
JOINDER AND CONSENT
For and in consideration of the mutual covenants, terms, and conditions and restrictions
contained herein,together with other good and valuable consideration,the receipt and sufficiency
of which is hereby acknowledged,One Florida Bank, a Florida banking corporation, as holder of
that certain Mortgage, Security Agreement, Financing Statement and Assignment of Rents which
is recorded in Official Records Book 10107, Page 1, that certain Assignment of Rents, Leases,
Profits and Contracts recorded in Official Records Book 10107, Page 20, and that certain UCC-1
Financing Statement recorded in Official Records Book 10147,Page 359,all of the Public Records
of Seminole County, Florida (collectively, the "Mortgage") hereby joins in and consents to the
foregoing First Modification to the 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 First Modification to the Development and Property Division
Agreement and the obligations contained therein.
Dated this a� day o O-""'2 23.
(CONTINUED ON NEXT PAGE)
FIRST MODIFICATION TO DEVELOPMENT AGREEMENT
City of Winter Springs and Tuscawilla Property Investors,LLC
Page 15 of 16
Signed and sealed in the presence of: ONE FLORIDA BANK, a Florida banking
corporation
(6w� By:
Print Name: Aak l(AO h Gk Ain 4
Ll
William Stan , Exec tive Vice President
6)� :U&I "IN
Print Name: Lori Fletcher
STATE OF
COUNTY OF C gY1
The foregoing instrument was ackno edged before me by means of C,4physical
presence or(_)online notarization, this 1�day of q Uq ,2023,by William Stange,
the Executive Vice President of One Florida Bank,a FloricYa banking orporation, on behalf of the
corporation, who is per y known to e or produced
as identi ica
(NOTARY SEAL)
(Notary Public Si LaOturI)Fletcher
(Print Name)
Notary Public, State of C
LORI FLETCHER Commission No.: h H
=�• *= MY COMMISSION#HH 218402
EXPIRES:February 26,2026 My Commission Expires:
OFf.•
FIRST MODIFICATION TO DEVELOPMENT AGREEMENT
City of Winter Springs and Tuscawilla Property Investors,LLC
Page 16 of 16
Grant Maloy Clerk of the Circuit Court & Comptroller Seminole County
P.O. Box 8099
Sanford FL 32772
` ��, ,�• , Phone:
Customer:
GARGANESE WEISS&D'AGRESTA P A
P O BOX 2873 Tran: 5457958-82157632
ORLANDO FL 32802 Receipt#2213602
Receipt Date 03/01/2023
Account No: 1029 Account Balance: 0.00
1 AGREEMENT
Inst#2023018484 BK/PG 10397/628 AGREEMENT $137.50
COUNTY RECORDING FEE 137.50
Receipt Total: $137.50
Paid By:
CHECK 45334 137.50
Total Tendered $137.50
HAVE A NICE DAY
HOW ARE WE DOING?
PLEASE VISIT SEMI NOLECLERK.ORG
Printed:03/01/2023 10:43 am Rec By: pkirkland
ver. 19.08.26.1001