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HomeMy WebLinkAboutK.S. Realty of Florida, L.P. Seventh Modification to Binding Development Agreement 2024 02 22Grant Maloy, Clerk Of The Circuit Court & Comptroller Seminole County, FL Inst #2024017462 Book:10585 Page:1859-1870; (12 PAGES) RCD: 2/27/2024 2:57:36 PM REC FEE $103.50 THIS INSTRUMENT WAS PREPARED BY 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 SEVENTH MODIFICATION TO BINDING DEVELOPMENT AGREEMENT THIS SEVENTH MODIFICATION TO BINDING DEVELOPMENT AGREEMENT ("Seventh Modification") made and executed this day of , �' U'c �' f. 2,02�, 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 K.S. REALTY OF FLORIDA, L.P., a New York Limited Partnership ("Owner"), whose principal address is 4455 Douglas Avenue, Bronx, New York 10471. WITNESSETH: WHEREAS, McGaba, LLC ("McGaba") and the City entered into a Binding Development Agreement dated April 10, 2003, and recorded in Official Records Book 4839, Page 1896, of Seminole County, Florida (the "Agreement") regarding the development of a Shopping Center located at 855 E. State Road 434 in Winter Springs; and WHEREAS, a First Modification to Binding Development Agreement, dated February 26, 2004, was recorded in Official Records Book 05230, Page 1123-1125, of Seminole County, Florida ("First Modification"); and WHEREAS, a Second Modification to Binding Development Agreement, dated July 1, 2004, was recorded in Official Records Book 06153, Page 59-62, of Seminole County, Florida ("Second Modification"); and WHEREAS, a Third Modification to Binding Development Agreement, dated September 25, 2006, was recorded in Official Records Book 6437, Page 1204-1207, of Seminole County, Florida ("Third Modification"); and WHEREAS, a Fourth Modification to Binding Development Agreement, dated November 14, 2007, was recorded in Official Records Book 6871, Page 285-288, of Seminole County, Florida ("Fourth Modification"); and SEVENTH MODIFICATION TO BINDING DEVELOPMENT AGREEMENT City of Winter Springs and K.S. Realty of Florida, L.P. (Amusement Arcade Conditional Use) Page 1 of 12 Book 10585 Page 1860 Instrument# 2024017462 WHEREAS, a Fifth Modification to Binding Development Agreement, dated November 13, 2007, was recorded in Official Records Book 6871, Page 281-284, of Seminole County, Florida ("Fifth Modification"); and WHEREAS, a Sixth Modification to Binding Development Agreement, dated January 14, 2008, was recorded in Official Records Book 6916, Page 1332-1337, of Seminole County, Florida ("Sixth Modification"); and WHEREAS, Owner is the owner of approximately 8.97 acres, more or less, of real property located at 853 East State Road 434, Winter Springs, Florida 32708, generally located south of State Road 434 and west of Stone Gable Circle in Winter Springs, Seminole County, Florida, more particularly depicted and legally described in Exhibit "A," attached hereto and incorporated herein by this reference (the "Property"); and WHEREAS, pursuant to Section 20-234(1) of the City of Winter Springs Code of Ordinances ("City Code"), "amusement and recreational parks and centers (including golf driving ranges, miniature golf courses, billiard halls, children's play centers, bowling alleys, and similar uses)," require a conditional use permit in the C-1 (Neighborhood Commercial) zoning district; and WHEREAS, John Pyle and Sasha Pyle (the "Applicant"), has applied for a conditional use permit, seeking to add amusement at the Property by incorporating amusement arcade elements; and WHEREAS, the Applicant intends to enter into a lease agreement with the Owner to provide indoor amusement at the Property; and WHEREAS, pursuant to Chapter 20 Zoning, Article II, Division 1, Section 20-29.1 of the City Code, a community workshop for the Project was held on December 01, 2023; and WHEREAS, Section 20-29(c) of the City Code requires that all conditional uses shall be binding upon 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(c) of the City Code shall be required to be memorialized in a binding Development Agreement; and WHEREAS, the parties desire to further modify the Agreement to allow for the conditional use of arcade amusement as provided herein; and WHEREAS, the parties acknowledge and agree that all the other terms and conditions of the Agreement, First Modification, Second Modification, Third Modification, Fourth Modification, Fifth Modification, and Sixth Modification not expressly modified by this Seventh Modification shall remain in full force and effect; and SEVENTH MODIFICATION TO BINDING DEVELOPMENT AGREEMENT City of Winter Springs and K.S. Realty of Florida, L.P. (Amusement Arcade Conditional Use) Page 2 of 12 Book 10585 Page 1861 Instrument# 2024017462 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. 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. The real property subject to this Agreement has a tax parcel identification number of 26-20-30-5AR-OD00-0080, and is legally described in Exhibit "A." 4.0 Project Description and Requirements. Owner may, at its expense, design, permit, renovate, and construct, an indoor amusement arcade on the Property not to exceed 6,215 square feet. Hereinafter the project description and requirements are referred to as the "Project." The Owner shall construct the Project in a manner substantially consistent with the approved Conceptual Sketch attached hereto as Exhibit `B", which is fully incorporated herein by this reference. The Conceptual Sketch is intended to be the general blueprint which details key aspects of the future development of the conditional arcade amusement use on the Property. The Conceptual Sketch shall also serve as a necessary guide for future permit applications and permitting necessary to complete the construction of the Project. 4.1 Conditions. Specific conditions of approval for the conditional use include the following, which are also addressed in the City's staff report: 1. The conditional use approval shall be limited to an arcade amusement and does not extend to other types of amusements such as golf driving ranges, miniature golf courses, billiard halls, children's play centers, or bowling alleys, absent a new conditional use permit being approved. 2. Substantial conformance to the Conceptual Floor Plan attached hereto as Exhibit B. 3. Signage shall conform to Chapter 16, Article III of City Code except to the extent signage requirements have been established in the Agreement or subsequent Modifications to the Agreement. 4. The operators of the conditional use shall create and implement a security plan to ensure safety on site. 5. The conditional use for an arcade amusement shall be restricted solely to one commercial suite of the subject property, which shall not exceed 6,215 square feet in size. Any further expansion shall require additional approval of a conditional use. 6. No "slot machines or devices" shall be permitted in the arcade as defined in Sec. SEVENTH MODTFTCATTON TO BTNDTNG DEVELOPMENT AGREEMENT City of Winter Springs and K.S. Realty of Florida, L.P. (Amusement Arcade Conditional Use) Page 3 of 12 Book 10585 Page 1862 Instrument# 2024017462 10-115 of the City Code. 7. Daily hours of operation shall not extend beyond 12:00am midnight. 5.0 Future Perinitting. In accordance with Section 20-36 of the City Code, the conditional use shall expire two (2) years after the Effective Date of this Agreement unless a Business Tax Receipt and building permit, if necessary, based upon and incorporating the conditional use is issued by the city within such two (2) years. 6.0 Representations of the Parties. The City and Owner hereby each represent and warrant to the other that it has the power and authority to execute, deliver and perform the terms and provisions of this Agreement and has taken all necessary action to authorize the execution, delivery and performance of this Agreement. This Agreement will, when duly executed and delivered by the City and Owner, 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. Owner 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 Assigns. This Agreement shall automatically be binding upon and shall inure to the benefit of the City and Owner 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 Controlling Law and Venue. This Agreement shall be governed by the laws of the State of Florida. Venue for any action in State court shall be in Seminole County, Florida. Venue for any action in Federal court shall be in Orlando, Florida. 9.0 Amendments. This Agreement shall r agreement duly executed by both parties hereto, the City Commission. )t be modified or amended except by written or their successors or assigns, and approved by 10.0 Entire Agreement and Exhibits. Except as otherwise provided herein, 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 Owner 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. SEVENTH MODIFICATION TO BINDING DEVELOPMENT AGREEMENT City of Winter Springs and K.S. Realty of Florida, L.P. (Amusement Arcade Conditional Use) Page 4 of 12 Book 10585 Page 1863 Instrument# 2024017462 13.0 Recordation. Upon full execution by the Parties, this Agreement shall be recorded in the Public Records of Seminole County, Florida by the City. The Owner shall be responsible for all recording fees associated with this Agreement. 14.0 Relationship of the Parties. The relationship of the parties to this Agreement is contractual and Owner 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). 16.0 City's Police Power. Owner 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 Interpretation. The parties hereby agree and acknowledge that they have both participated equally in the drafting of this Agreement and no party shall be favored or disfavored regarding the interpretation to this Agreement in the event of a dispute between the parties. 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, SEVENTH MODIFICATION TO BINDING DEVELOPMENT AGREEMENT City of Winter Springs and K.S. Realty of Florida, L,P. (Amusement Arcade Conditional Use) Page 5 of 12 Book 10585 Page 1864 Instrument# 2024017462 condition, term or restriction shall not relieve Owner 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 Owner 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. In addition to termination as provided in Section 22.0 above, the City shall have the unconditional right, but not obligation, to terminate this Agreement, without notice or penalty, if Owner/Applicant fails to receive a business tax receipt and, if necessary, building permits for the Project within two (2) years of the Effective Date of this Agreement. The Owner 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, to terminate the Agreement if Owner 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. Owner shall be solely responsible for designing, permitting, constructing, operating and maintaining this Project. As such, Owner 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 Owner and Owner'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 Majeure. 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 acts of God, acts of government authority (other than 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 ("Force Majeure 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 SEVENTH MODIFICATION TO BINDING DEVELOPMENT AGREEMENT City of Winter Springs and K.S. Realty of Florida, L.P. (Amusement Arcade Conditional Use) Page 6 of 12 Book 10585 Page 1865 Instrument# 2024017462 due to the Force Majeure 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. The City Manager shall have the authority to grant an extended Time Period. An extension of any Time Period for reasons of a Force Majeure Event shall be requested solely as provided in this Section. Owner hereby waives and relinquishes the right to notify the City of the intent to exercise the tolling and extension of any permit related to the Project, including Time Periods under this Agreement, development orders, and building permits, available under Section 252.363, Florida Statutes, as the result of a declaration of a state of emergency issued by the Governor for a natural emergency. 26.0 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: Phil Hursh, Interim City Manager City of Winter Springs 1126 East S.R. 434 Winter Springs, Florida 32708 With additional notice to: Anthony A. Garganese, City Attorney Garganese, Weiss, D'Agresta & Salzman, P.A. 1 I 1 N. Orange Avenue, Suite 2000 Orlando, FL 32802 For Owner: K.S. Realty of Florida, L.P. 47 East Robinson Street, Suite 230 Orlando, FL 32801 Attn: Patricia Jackson, Property Manager Phone: (321) 436-8650 Email: patti(ie paj management. com 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 Assignment. Prior to completing the construction of the Project and reaching final build - out of the Project, Owner 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 SEVENTH MODIFICATION TO BINDING DEVELOPMENT AGREEMENT City of Winter Springs and K.S. Realty of Florida, L.P. (Amusement Arcade Conditional Use) Page 7 of 12 Book 10585 Page 1866 Instrument# 2024017462 this Agreement and fully assume all of Owner'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. IN WITNESS WHEREOF, the parties have hereunto set their hands and seal on the date first above written. CITY OF WINTER SPRINGS CITY SEAL Kevin McCann, Mayor ,+ 4, T Date: Air';•' • `� � '4c . 4 +moo ATTEST: w• By. �F�t1t;QL�" Ch 'stian Gowan, City Clerk APPROVED AS TO FORM AND LEGALITY For the use and reliance of the City of Winter Springs, Florida, only. By: P'`�� Anthony A. Garganese, City Attorney Signed, sealed and delivered in the presence K.S. REALTY OF FLORIDA, L.P. of the following witnesses: mature o Witness Printed Name and Title: Printed Name of Witness Date; �1, . �y, Z� Z .1/0 �a �( 8 5 o Fot,ith <&A-. tAo-j *1a,3 Zr l SEVENTH MODIFICATION TO BINDING DEVELOPMENT AGREEMENT City of Winter Springs and K.S. Realty of Florida, L.P. (Amusement Arcade Conditional Use) Page 8 of 12 Book 10585 Page 1867 Instrument# 2024017462 Address of Witness Signa 4ess A'Y'(�- 'v", Printed Name ot Witness Address of Witness STATE OF fI - COUNTY OF l�1,--A11,r n The foregoing instnitneat was acknowledged before me by means of [ ] ph sical presence or [ ] online notarization, this 2,0 day of fc l ty, 2024, by ��; , 4e4sn•� , the gv wtp, qe, ofK.S, Realty of Florida, L.P.,i Delaware Limited Partnership, on behalf of lthe P rtnership, who is personally lcno,vi to tt or produced as identification. OWNER IS HEREBY ADVISED THAT SHOULD OWNER 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. ANTHONY JOSEPH DINOVA JR. Notary Public, State of Florida * *� Commission No. HH 37694 Commission Expires08130/2024 [THE REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK] SEVENTH MODIFICATION TO BINDING DEVELOPMENT AGREEMENT City of Winter Springs and K.S. Realty of Florida, L.P. (Amusement Arcade Conditional Use) Page 9 of 12 Book 10585 Page 1868 Instrument# 2024017462 EXHIBIT A Propertv Legal Description Parcel I: That certain piece, parcel and tract of land located in Seminole County, Florida, described as follows: The West 231.30 feet of Lot 8, Block D, DR. Mitchell's Survey of Levy Grant, as recorded in Plat Book 1, Page 5, Public Records of Seminole County, Florida, lying South of State Road 419 (Oviedo Road); Less that part taken in that certain Order of Taking for road recorded in Official Records Book 2784, Page 1196, Public Records of Seminole County, Florida. Together With: The East 253.6 feet of Lot 9, (LESS the East 100 feet of the North 150 feet thereof), Block D Dr. Mitchell's Survey of the Levy Grant, according to the plat thereof as recorded in Plat Book 1, Page 5, of the Public Records of Seminole County, Florida, ALSO LESS the following property being more particularly described as follows: Commence at the Northwest comer of Lot E, Chase and Company's Subdivision of Wagner, according to the Plat thereof as recorded in Plat Book 6, Page 64, of the Public Records of Seminole County, Florida; thence run South 06 degrees 55 minutes 04 seconds East along the West line of said Lot E, a distance of 1100.73 feet to a point on the baseline of survey of S.R. 434 according to F.D.O.T. Right of Way Map Section Number 77070- 2516; thence run North 83 degrees 50 minutes 23 seconds East along said baseline of survey a distance of 390.41 feet; thence departing said baseline of survey run South 07 degrees 01 minutes 30 seconds East a distance of 24.39 feet to a point on the Southerly right of way line of S.R. 434; thence run North 83 degrees 51 minutes 32 seconds East along said Southerly right of way line a distance of 168.42 feet to the West line of the East 253.6 feet of said Lot 9, Block D, for a POINT OF BEGINNING; thence continue North 83 degrees 51 minutes 32 seconds East along said Southerly right of way line a distance of 153.62 feet to the West line of the East 100 feet of the North 150 feet of said Lot 9, Block D; thence departing said Southerly right of way line run South 07 degrees 01 minutes 30 seconds East along said West line of the East 100 feet of the North 150 feet of Lot 9, Block D a distance of 84.03 feet; thence departing said West line run South 83 degrees 53 minutes 17 seconds West a distance of 153.62 feet to said West line of the East 253.6 feet of Lot 9, Block D; thence run North 07 degrees 01 minutes 30 seconds West along said West line of the East 253.6 feet a distance of 83.96 feet to the said Southerly right of way line S.R. 434 and the Point of Beginning. Together with: That part of the East 100 feet of the North 150 feet of Lot 9, Block D, "DR. Mitchell's Survey of the Levy Grant" according to the plat thereof as recorded in Plat Book 1, Page 5 of the Public Records of Seminole County, Florida, lying South of the Sanford Oviedo Road (State Road 434) and being more particularly described as follows: Commence at the Northeast comer of said Lot 9, Block D; thence run South 07 degrees 01 SEVENTH MODIFICATION TO BINDING DEVELOPMENT AGREEMENT City of Winter Springs and K.S. Realty of Florida, L.P. (Amusement Arcade Conditional Use) Page 10 of 12 Book 10585 Page 1869 Instrument# 2024017462 minutes 30 seconds East, along the East line of said Lot 9, Block D for 84.09 feet to the Southerly right of way line of said State Road 434, as shown on Florida Department of Transportation Right of Way Map 77070-2516, and to the Point of Beginning; thence continue South 07 degrees 01 minutes 30 seconds East, along said East line of Lot 9, Block D for 65.93 feet; thence run South 83 degrees 51 minutes 32 seconds West for 100.01 feet; thence run North 07 degrees 01 minutes 30 seconds West for 65.00 feet to the aforementioned Southerly right of way line of State Road 434; thence run North 83 degrees 53 minutes 17 seconds East, along said right of way line, for 100.01 feet to the Point of Beginning. ALSO LESS that portion thereof conveyed to the City of Winter Springs by Special Warranty Deed recorded November 19, 2003 in Official Records Book 5105, Page 849, Public Records of Seminole County, Florida more particularly described as follows: A portion of Lot 8, Block D, DR. Mitchell's survey of Levy Grant, recorded in Plat Book 1,Page 5 of the Public Records of Seminole County, Florida, more particularly described as follows: Commence at the intersection of the South right of way line of State Road No. 434 and the West line of Stone Gable, according to the plat thereof as recorded in Plat Book 54, Page 14, of the Public Records of Seminole County, Florida; thence South 07 degrees 00 minutes 49 seconds East along said West line 253.70 feet to the Point of Beginning; thence South 82 degrees 59 minutes 15 seconds West 30.00 feet; thence South 07 degrees 00 minutes 45 seconds East, 168.06 feet; thence South 14 degrees 04 minutes 28 seconds East, 49.94 feet; thence South 32 degrees 19 minutes 44 seconds East, 55.80 feet to a point on said West line of Stone Gable; thence North 07 degrees 00 minutes 49 seconds West along said West line, 268.06 feet to the Point of Beginning. Said lands lying in City of Winter Springs, Seminole County, Florida. PARCEL 11: A non-exclusive easement to construct, install, repair, maintain and replace landscaping improvements, wall and other improvements as set forth granted and reserved in that Special Warranty Deed from McGaba, LLC., a Florida limited liability company to The City of Winter Springs, Florida recorded November 19, 2003 in Official Records Book 5105, Page 849, Public Records of Seminole County, Florida. SEVENTH MODIFICATION TO BINDING DEVELOPMENT AGREEMENT City of Winter Springs and K.S. Realty of Florida, L.P. (Amusement Arcade Conditional Use) Page 11 of 12 Book 10585 Page 1870 Instrument# 2024017462 .a.kowl zr 1 RM" w EXHIBIT B Conceptual Floor Plan CLASS ROOM WE ILL NOT HAVE Gambling Machines WIN ala is - 6" equwe Feed In Class Room 1 Birthday Partles am P~ .�• �. for ciaw"e w us" hr MM Hay i1t swwd� prw, NaY�i�Na Ctwuelr AIOwfO Oars 13?! tgusre FNt QATAV ttoom Aeee " 3 interacihv Floor tadw.eidw flow w0th as~* tw chNMq M lie this rw n open Hoot arwt can" -rile wtll clnrge i1{irOd�d to pd ke6o 2122 bgwre Faad 0"" ft" -Row* r"t an tdn Mumma The r epsurwnt is tWo Wwwwd end PMbadl Umhfaev Diner>Q Am120 Equwt Fva Made gums am deomUone adtd ri set to Rae pdey — - -Pak% Fia depwtww ik Wtuy, sty workers go tdw erwly t»t b*VAm240$gwn Fad Total Square Feet - 6216 .W- Total square feet Interior - 6968 Total gaming area including classes i partles area 4977 Mow La" T .. Total Restaurant Area - 480 ..�. Total Tablestchairs inside 4116 Total Tables/Chairs outside aM4 Bar 142 Square Feed SEVENTH MODIFICATION TO BINDING DEVELOPMENT AGREEMENT City of Winter Springs and K.S. Realty of Florida, L.P. (Amusement Arcade Conditional Use) Page 12 of 12