HomeMy WebLinkAbout2009 10 12 Regular 600 Request City Commission Consider An Implementation AgreementTo Allow Personal Storage Within 14-B Oviedo Marketplace Planned Unit Development CITY COMMISSION
AGENDA
ITEM 600 Consent
Information
Public Hearin. Re. ular X
October 12, 2009
Meeting MGR. DEPT t
Authorization
REQUEST: The Community Development Department requests that the City
Commission consider an Implementation Agreement to allow up to 100,000 square feet of
personal storage /mini- warehouse within Parcel 14 of the Oviedo Marketplace PUD (and
Development of Regional Impact DRI).
PURPOSE: On August 10, 2009, the City Commission approved the allowance of up
to 100,000 square feet of enclosed personal storage in place of previously approved retail uses on
Parcel 14. The purpose of this agenda item is for the Commission to consider the proposed
Implementation Agreement.
APPLICABLE ZONING FUTURE LAND USE DESIGNATION:
Zoning: PUD
Future Land Use Designation: Mixed Use (with partial conservation overlay)
APPLICABLE LAW AND PUBLIC POLICY:
Chapter 380, Florida Statutes
Comprehensive Plan
Chapter 20, Article IV. Planned Unit Developments (PUD), Division 2. Part A. PUD
Development Order
CHRONOLOGY:
1995 Property annexed into Winter Springs
Aug. 8, 1995- Amended Settlement Agreement between City of Winter Springs, City of Oviedo,
The Viera Company and Rouse Orlando to provide for better intergovernmental relations and
coordination of planning efforts.
Nov. 12, 2001- Ord. 2001 -45 changed the Future Land Use Map designation from Seminole
County "Planned Development" and "Conservation" to City of Winter Springs "Mixed Use
Nov. 12, 2001- DRI Development Order approved by the Winter Springs City Commission.
October 12, 2009
Regular Agenda Item 600
Page 2 of 7
Jan. 14, 2002- Ord. 2001 -58 changed the Zoning Map designation from Seminole County
"Planned Unit Development" to City of Winter Springs "Planned Unit Development
Nov. 2, 2005- Notice of Proposed Change submitted to the City of Winter Springs, to the East
Central Florida Regional Planning Council, and to the Bureau of State Planning, Department of
Community Affairs.
Dec. 16, 2005- Response from the East Central Florida Regional Planning Council opining that
the proposed changes do no result in an automatic substantial deviation determination pursuant
to the threshold criteria of section 380.06(19),Florida Statutes.
Dec. 20, 2005- Public Hearing date notification sent to East Central Florida Regional Planning
Council and to the Bureau of State Planning, Department of Community Affairs per
380.06(19)(f)3 -4, Florida Statutes.
Dec. 22, 2005- LPA Ad in Orlando Sentinel
Dec. 22, 2005- Response from the Bureau of State Planning, Department of Community Affairs
received with objections to the proposed request.
Dec. 22, 2005- Request from Applicant's Attorney to postpone to a date certain (Feb. 1, 2006)
the LPA public hearing.
Jan. 4, 2006- LPA hearing postponed to date certain- Feb. 1, 2006.
Feb. 1, 2006- LPA heard the request for amending the DRI Development Order and was unable
to get a majority vote for recommending either approval or denial of the request. Each motion
resulted in a 2 -2 vote.
Feb. 16, 2006- Public Noticing in Orlando Sentinel of Public Hearing for DRI NOPC
Feb. 27, 2006- Commission postponed consideration of the Oviedo Marketplace DRI NOPC to
Date Certain (March 27, 2006) to preserve the advertising, at the request of the Applicant.
March 22, 2006- Applicant held an informal meeting with neighbors and interested persons.
March 27, 2006- Commission approved NOPC for as many as 100 town homes.
January 22, 2007 Commission approved PUD amendment and lot split dividing Parcel 14.
Julyl, 2007 -Any DRI under construction on July 1, 2007 is provided a 3 -year extension without
NOPC, pursuant to Subsection 380.06 (19) (c), FS (2007), as amended by HB 7203.
July 23, 2007 Commission approved Inwood final engineering /site plan and draft wholesale
water sewer agreement with Seminole County.
September 25, 2007 Seminole County BCC approved wholesale water and sewer agreement.
August 10, 2009 Commission approved the inclusion of up to 100,000 square feet of personal
storage on Parcel 14 in lieu the retail use previously approved. This approval was subject to
modification of the existing Development Order.
Page 2
October 12, 2009
Regular Agenda Item 600
Page 3 of 7
CONSIDERATIONS:
Project Synopsis
The Oviedo Marketplace DRI (formerly Oviedo Crossing) is contained within three jurisdictions:
Seminole County, the City of Oviedo, and the City of Winter Springs. The only portions of the
DRI within the City of Winter Springs are Parcel 14A (Inwood Office site) and the undeveloped
residual Parcel 14B (3.86 acres in 14A 45.6 acres in 14B 49.5 total acres). A previously
approved development program for the Oviedo Marketplace DRI allowed residential use within
the DRI, although it was not specified for Parcel 14. The Notice of Proposed Change (NOPC),
as approved by the City Commission on March 27, 2006, allowed the owner to convert 29,000
SF of the 160,000 SF total retail use allocated to this parcel into as many as 100 residential units
(townhouses or condominiums). In August 2009, the applicant requested to be allowed to
construct up to 100,000 SF of personal storage in lieu of retail, on the southern -most portion of
Parcel 14 -B. The Viera Company, owner of the Oviedo Marketplace, indicated that it considered
the indoor storage facility the same as retail. They requested the Commission provide direction,
before proceeding with an NOPC to authorize the change.
Location Parcel 14B (Tax parcel ID 17-21-31-300-001H-0000) is located west of the Oviedo
Marketplace Mall and Dovera Drive and north of Red Bug Lake Road.
Total Acreage- 45.6 acres more or less (approximately 11.24 developable acres).
Site hlformation The property (Parcel 14B) is part of the Oviedo Marketplace Development of
Regional Impact and was formerly known as Oviedo Crossing and DLI Properties. The overall
DRI is a mixed use development consisting of approximately 431.2 acres. The DRI which is
located in Seminole County at the intersection of the Central Florida Greeneway and Red Bug
Lake Road includes a large regional shopping center, a medical campus and wellness center, and
several small parcels with retail, office and residential uses.
As previously mentioned, the Oviedo Marketplace DRI is contained within three jurisdictions:
unincorporated Seminole County (163 acres), the City of Oviedo (218.6 acres), and the City of
Winter Springs (49.5 acres). The only portion of the DRI within the City of Winter Springs
consists of parcels 14A and 14B. It is the only DRI within the City of Winter Springs.
Parcel 14B compliments and provides a transition between the mall and the adjacent residential
neighborhoods. Parcel 14B has a "Mixed Use" Future Land Use and a "Planned Unit
Development" Zoning designation. The parcel is vegetated primarily with wetland hardwoods.
Existing wetlands on the site, in conjunction with an existing settlement agreement on the DRI
reduces the developable acreage from 45.6 acres to about 11.24 acres.
Existing Land Uses Of the 49.5 acre Winter Springs portion of the Oviedo Marketplace DRI,
Parcel 14B is still undeveloped. The Inwood office building was constructed on the 3.81 acre
parcel 14A in 2007, after Parcel 14 was divided via a lot split. Adjacent existing land uses,
zoning and FLUM designations include the following:
Page 3
October 12, 2009
Regular Agenda Item 600
Pare 4 of 7
Existing Land Uses Zoning FLUM
Subject Sites Undeveloped PUD (WS) Mixed Use (WS)
North Single Family Residential PUD (WS) Low Density Residential
(WS)
South Medical Offices PUD (SC) PD (SC)
East Hospital /Office; Retail /Office; PUD (OV) PD (OV) H[PD (SC)
and Stormwater Retention PUD (SC)
West Single Family Residential R -1A (SC) Low Density Residential
(SC)
(WS) Winter Springs; (SC) Seminole County; (OV) Oviedo
Existing Winter Springs DRI Development Order Parcels 14A and 14B are currently
designated as retail /office, with the ability to convert 29,000 square feet of retail /office to as
many as 100 town -house dwelling units, with a "build -out" date of December 31, 2007. Of the
49.5 acres, only 15.1 are stated to be developable (15.1developable acres 3.86 Inwood .11.24
acres of residual developable land).
Oviedo and Seminole County DRI Development Orders Each was amended during 2005,
extending the build out date to late 2007. Additionally, The Oviedo DRI Development Order
removed 10,000 SF of retail space from Parcel 13 (which is adjacent to Tuscawilla Units 7 13
in Winter Springs) and replaced it with 180 townhouses.
Amended Settlement Agreement- The Amended Settlement Agreement of 1995 prohibits
development within 250' of the boundary of the project, requires stepping the height of buildings
depending upon the setback distance, and requires a buffer to the residential areas. Bike Paths
and Pedestrian Walkways are required as alternative forms of transportation on the project site.
Winter Springs may, but is not required to provide municipal services to Parcel 14.
NOPC to the DRI Development Order: The applicant proposed to amend the DRI Development
Order for Parcel 14 as follows: 1) add townhouse to the equivalency matrix; 2) convert 29,000
SF (of the 160,000 SF total retail use allocated to this parcel) into 132 residential units; and 3)
extend the build out date from 12/31/05 to 12/30/07, an extension of two years, less one day.
The City Commission approved the request, but allowed a maximum of 100 residential town
home units. In 2007, the Florida legislature passed HB 7203, which amended Chapter 380, FS
(Subsection 380.06 (19) (c), FS), to extend any DRI under active construction as of July 1, 2007
(the word "construction" was not defined) was extended for three (3) years free and clear without
any need for an NOPC. The Commission approved the concept of substituting up to 100,000
square feet of indoor storage for retail at its August 10, 2009 meeting. The City Attorney
determined that the proposed storage would require the execution of an implementation
agreement.
Facilities and Services
Mitigation for all traffic impacts through the build out date has been completed. As stated in the
Seminole County Development Order, the Seminole County Commission has determined that
"adequate public facilities are available for Phase 1, Phase 2, and Phase 3 of the Project." Phase
3 of the development plan includes development of Parcel 14 (parcels 14A and 14B).
Page 4
October 12, 2009
Regular Agenda Item 600
Page 5 of 7
Major access to the site is by way of Red Bug Lake Road, a 6 -laned minor arterial roadway,
currently operating at Level of Service "B between Slavia Road and SR 417. The
Development Order is required to not reduce the levels of service below the adopted level of
service standards (9J- 5.0055, FAC). The site has direct access to Dovera Drive and there is a
recorded cross access easement between Parcel 14B and the adjacent property to the south along
Dovera Drive (Lot 12). Personal storage facilities have very low traffic generation rates, in
comparison to retail, office, or residential and peak hours of traffic generation are typically
different than those of retail, office, or residential.
Seminole County currently provides water and sanitary sewer via a utility service agreement
between Seminole County and the City of Winter Springs. The County has indicated that there
is sufficient capacity to serve the development without lowering the County's adopted level of
service.
Fire and Police have in place a First Responder Agreement, which means that the closest station
responds to the emergency. The closest station to Parcel 14 is Seminole County Fire Station 27
on Red Bug Road. The closest Winter Springs Fire Station is Station 26 on Northern Way in
Tuscawilla.
Compatibility with Surrounding Development
The proposed development is compatible with surrounding uses, given the topography, Amended
Settlement Agreement, and DRI Development Order.
Compatibility with Comprehensive Plan
The proposed change is consistent with the adopted future land use designation of Mixed Use
(which allows residential along with retail and office commercial and which stipulates that no
more than 75% of any one type of land use will be permitted to dominate the site [Future Land
Use Element, Policy 4.2.1]).
Financial Analysis
Self Storage (100,000 square feet)
100,000 Square feet ($60 /square foot) $6,000,000 taxable value
$6,000,000/1000 $6,000
6,000 (City millage rate of 2.5814) $15,488.40
$15,488.40 (less the statutory 4% discount) $14,868.86 tax revenue
100 Townhouses /Condominiums
Average townhouse /condominium size 1,845 square feet
1,845 square feet ($90 /sq. ft.) $166,050
$166,050 (100 units) $16,605,000
$16,605,000/1000 $16,605
$16,605 (City millage rate of 2.5814) $42,864.15
$42,864.15 (less the statutory 4% discount) $41,149.58 tax revenue
Traffic Analysis
Parcel 14 of the Oviedo Marketplace Development of Regional Impact originally allowed a
retail /office land use of up to 160,000 square feet (SF). A Notice of Proposed Change (NOPC)
Page 5
October 12, 2009
Regular Agenda Item 600
Page 6 of 7
was approved by the City Commission on March 27, 2006 allowing 29,000 SF of the 160,000 SF
of retail /office use on Parcel 14 to be converted to a maximum of 100 residential townhome
units. Of the remaining 131,000 SF of retail /office, 45,000 SF has been consumed by the
existing Inwood office building, leaving 86,000 SF of available retail /office use on Parcel 14.
The current proposal would substitute up to 100,000 SF of storage mini warehouse for the
remaining 86,000 SF of retail /office, and it allows the 100 residential townhome /condominium
units.
As shown in the table below, the proposed land use change to storage mini warehouse results in
a significant reduction in the potential daily trip generation for Parcel 14.
Land Use Size Daily Trip
Generation
(1TE)
Original Plan
Retail Office 160,000 SF 9,218
NOPC Update March
2006
Retail Office 131,000 SF 8,094
Townhome Condo 100 units 642
Total 8,736
Current Plan
Inwood Office Building 45,000 SF 721
Retail Office 86,000 SF 6,157
Townhome Condo 100 units 642
Total 7,520
Proposed Plan
Inwood Office Building 45,000 SF 721
Mini Warehouse 100,000 SF 250
Residential 100 units 642
Total 1,613
FINDINGS:
1. The proposed uses are consistent with the City's Comprehensive Plan.
2. The proposed storage use will be designed and located so as to be compatible with
surrounding development.
Page 6
October 12, 2009
Regular Agenda Item 600
Page 7 of 7
3. Personal enclosed /indoor storage is not a permitted use in the City's C -1 and C -2 uses. It is
allowed in one area of C -2, within the City(north of SR 419, adjacent to the railroad line), as
well as within the Commerce Center and C -3 Highway Commercial districts and the I -1
Light Industrial zoning district. However, there are personal storage facilities in and near the
City which are located within commercial, rather than industrial areas.
RECOMMENDATION: Staff recommends the City Commission approve the
Implementation Agreement to allow up to 100,000 square feet of personal storage /mini-
warehouse within Parcel 14 -B of the Oviedo Marketplace PUD.
ATTACHM ENTS:
A- Implementation Agreement
CITY COMMISSION ACTION:
Page 7
ATTACHMENT A
Prepared By: 4646
Katherine W. Latorre Q
Winter Springs Assistant City Attorney
Brown, Garganese, Weiss D'Agresta, P.A.
111 N. Orange Avenue, Suite 2000
Orlando, FL 32802 -2873
(407) 425 -9566
OVIEDO MARKETPLACE PARCEL 14B
IMPLEMENTATION AGREEMENT
THIS IMPLEMENTATION AGREEMENT "Agreement is entered into as of the
day of 2009, between the CITY OF WINTER SPRINGS, a Florida municipal
corporation "City and THE VIERA COMPANY, a Florida corporation "Developer
WITNESSETH:
WHEREAS, the purpose of this Agreement is to implement the Oviedo Marketplace
Development of Regional Impact "DRI Development Orders for the development of Parcel 14B;
and
WHEREAS, Developer is the owner in fee simple of certain real property known as "Parcel
14B" containing approximately 11.265 acres subject to development, more or less, located in the
City of Winter Springs within the Oviedo Marketplace DRI, legally described herein "Property
and
WHEREAS, the Property is subject to that certain City of Winter Springs DRI Development
Order for Oviedo Marketplace (formerly Oviedo Crossing) dated November 12, 2001 and recorded
January 17, 2002 in Official Records Book 4298, Page 1855 of the Public Records of Seminole
County, Florida "Winter Springs DO as amended by that certain First Amendment to the DRI
Development Order for Oviedo Marketplace dated February 27, 2006 and recorded May 3, 2006 in
Official Records Book 06228, Page 1402, of the Public Records of Seminole County, Florida "First
Amendment to Winter Springs DO The Winter Springs DO and First Amendment to Winter
Springs DO are hereinafter collectively referred to as the "Development Order and
WHEREAS, the Property is zoned P.U.D. in accordance with the Code of Ordinances, City
of Winter Springs, Chapter 20, Article IV, Planned Unit Developments, Division 2. Part A. Planned
Unit Developments, which such zoning classification authorizes residential dwelling units and
supportive commercial and/or industrial land uses so long as they are complimentary to and
compatible with each other; and
WHEREAS, the Development Order authorizes "Retail /Office" development on the
Property; and
Implementation Agreement
City of Winter Springs The Viera Company
Page 1 of 9
WHEREAS, Developer has requested that a portion of the Property be developed for use as a
storage facility mini warehouse dealing primarily with the onsite rental or leasing of secure space to
the general public (i.e., rooms, compartments, lockers, containers, or outdoor space) where the
general public can store and retrieve their personal belongings; and
WHEREAS, the City and Developer desire to memorialize their mutual understanding and
agreement as to what kind of storage facility mini warehouse would constitute a "Retail /Office"
development on the Property consistent with the terms of the Development Order; and
WHEREAS, the City finds that a low intensity, non industrial storage facility mini
warehouse use, as further defined herein, is consistent with the Property's development designation
of "Retail" as set forth in the Development Order and further, that such use is complimentary to and
compatible with both the other uses allowed on the Property pursuant to the Development Order and
with existing development adjacent to the Property; and
WHEREAS, to insure that any storage facility mini warehouse now or hereafter
constructed on the Property is complementary to and compatible with both the other uses allowed on
the Property pursuant to the Development Order and with existing development adjacent to the
Property, the City has requested that Developer place further restrictions on the Property to prohibit
non complementary and incompatible warehouse uses on the Property; and
WHEREAS, the City is authorized to regulate the development of the Property; and
WHEREAS, Developer is agreeable to further restricting the Property to prohibit non-
complementary and incompatible warehouse uses on the Property.
NOW, THEREFORE, in consideration of the sum of Ten Dollars ($10.00) and other
valuable considerations, the receipt and sufficiency of which are hereby acknowledged by the City,
the parties hereto agree as follows:
1. Recitals. The foregoing recitals are true and correct and are hereby incorporated
herein by this reference as a material part of this Agreement.
2. Authority. This Agreement is entered into pursuant to the Florida Municipal Home
Rule Powers Act.
3. Property. The Property subject to the terms and conditions of this Agreement is
legally described in Exhibit "A," attached hereto and fully incorporated herein by this reference.
4. Storage Facility Mini warehouse. Consistent with the statewide guidelines and
standards regarding land uses within Developments of Regional Impact set forth in section
380.0651(3)(e), Florida Statutes, the City hereby finds that a low intensity, non industrial storage
Implementation Agreement
City of Winter Springs The Viera Company
Page 2 of 9
facility mini warehousing use is consistent with the "Retail" use designation on the Property.
Developer shall develop and utilize up to 100,000 square feet of the Property as a low intensity, non-
industrial storage facility mini warehousing use pursuant to the following limitations and
conditions:
A. Developer agrees that any storage facility mini warehousing use on the
Property shall be limited to the leasing or renting of enclosed, secure space onsite to the
general public (i.e., rooms, compartments, lockers, or containers,) where the general public
can store and retrieve their personal belongings. The use of the rented or leased storage
spaces as retail -like store fronts from which goods and/or services are solicited for sale to the
general public is strictly prohibited.
B. For purposes of preserving the Property's low intensity, non industrial
character, the following high intensity, industrial uses shall be prohibited on the Property:
outside storage of any kind; fleet and dispatch yards; bulk storage; other kinds of storage
yards of either flammable/hazardous or non flammable /non hazardous materials; cold
storage and frozen food lockers; lumber, building and home improvements supply storage;
and merchandise warehousing and storage facilities which handle goods in containers, such
as boxes, barrels, and/or drums, using equipment, such as forklifts, pallets, and racks.
C. Retail sales directly associated with the principal storage facility mini
warehousing use (such as boxes, tape and other storage supplies) is permitted on the
Property, provided that the retail sales are limited to one (1) location on the Property in close
proximity to the Property's entrance and are ancillary, secondary and incidental to the
principle storage facility mini warehousing use.
5. Compliance with Ordinances and Regulations. Developer shall comply with all
ordinances and regulations of the City (including, but not limited to, the City Land Development
Regulations) which are applicable to the development of the Property.
6. Representations of the Parties. The City and Developer hereby each represent and
warrant to the other that it has the power and authority to execute, deliver and perform the terms and
provisions of this Agreement and has taken all necessary action to authorize the execution, delivery
and performance of this Agreement. This Agreement will, when duly executed and delivered by the
City and Developer and recorded in the Public Records of Seminole County, Florida, constitute a
legal, valid and binding obligation enforceable against the parties hereto and the Property in
accordance with the terms and conditions of this Agreement. Developer represents that it has
voluntarily and willfully executed this Agreement for purposes of binding the Property to the terms
and conditions set forth in this Agreement.
7. Successors and Assigns. 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
Implementation Agreement
City of Winter Springs The Viera Company
Page 3 of 9
with title to the same.
8. Applicable Law; Venue. This Agreement shall be governed by and construed in
accordance with the laws of the State of Florida. The parties agree that venue shall be exclusively in
Seminole County, Florida, for all state disputes or actions which arise out of or are based upon this
Agreement, and in Orlando, Florida, for all federal disputes or actions which arise out of or are based
upon this Agreement
9. 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. 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. 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. Effective Date. This Agreement shall become effective upon approval by the City
Commission and execution of this Agreement by both parties hereto.
13. Recordation. This Agreement shall be recorded in the Public Records of Seminole
County, Florida.
14. 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. Sovereign Immunity. Notwithstanding any other provision set forth in this
Agreement, nothing contained in this Agreement shall be construed as a waiver of the City's right to
sovereign immunity under section 768.28, 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 one
hundred thousand dollars ($100,000.00), 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 two hundred thousand dollars
($200,000.00).
Implementation Agreement
City of Winter Springs The Viera Company
Page 4 of 9
16. 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. 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. 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. 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. Attorney's Fees. In connection with any arbitration or litigation arising out of this
Agreement, the prevailing party shall be entitled to recover reasonable attorney's fees and costs
through all appeals to the extent permitted by law.
21. Development Permits. Nothing herein shall limit the City's authority to grant or
deny any development permit applications or requests subsequent to the effective date of this
Agreement. The failure of this Agreement to address any particular City, County, State and/or
Federal permit, condition, term or restriction shall not relieve Developer or the City of the necessity
of complying with the law governing said permitting requirement, condition, term or restriction.
Without imposing any limitation on the City's police powers, the City reserves the right to withhold,
suspend, or terminate any and all certificates of occupancy for any building or unit if Developer is in
breach of any term and condition of this Agreement.
22. Default; Opportunity to Cure. Should either party desire to declare the other party
in default of any term and condition of this Agreement, the non defaulting party shall provide the
defaulting party a written notice of default. The written notice shall, at a minimum, state with
particularity the nature of the default, the manner in which the default can be cured, and a reasonable
time period of not less than thirty (30) days in which the default must be cured. No action may be
taken in a court of law on the basis that a breach of this Agreement has occurred until such time as
the requirements of this paragraph have been satisfied.
23. 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 construction of Project within three (3) years of the effective date of this
Agreement. In addition, the City shall have the right, but not obligation, to terminate the Agreement
if Developer permanently abandons construction of the Project, provided, however, the City shall
Implementation Agreement
City of Winter Springs The Viera Company
Page 5 of 9
first deliver written notice and an opportunity to cure as set forth in Section 23 herein. If the City
terminates this Agreement, the City shall record a notice of termination in the public records of
Seminole County, Florida.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be duly executed
as of the day and year first written above.
CITY OF WINTER SPRINGS, a Florida
municipal corporation.
By:
John F. Bush, Mayor
ATTEST:
By:
Andrea Lorenzo Luaces, City Clerk
APPROVED AS TO FORM AND LEGALITY
For the use and reliance of the City of Winter Springs,
Florida only.
CITY SEAL Date:
By:
Anthony A. Garganese, City Attorney for
the City of Winter Springs, Florida
Implementation Agreement
City of Winter Springs The Viera Company
Page 6 of 9
Signed, sealed and delivered in the THE VIERA COMPANY, a Florida corporation.
presence of the following witnesses:
By:
Print Name:
Signature of Witness Title:
Printed Name of Witness
Date:
Signature of Witness
Printed Name of Witness
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of 2009, by
as of THE VIERA COMPANY, a Florida
corporation, on behalf of said company. He /She is personally known to me or produced
as identification.
(NOTARY SEAL)
(Notary Public Signature)
(Print Name)
Notary Public, State of
Commission No.:
My Commission Expires:
Implementation Agreement
City of Winter Springs The Viera Company
Page 7 of 9
RECEIVED
NOV 0 4 2G03
BROWN GARGANESE, WEISS & D'AGRESTA;FPF THE CiTV CLERK •
Attorneys at Law
Debra S. Babb- Nutcher Offices in Orlando, Tara L. Barrett
Joseph E. Blitch Ft. Lauderdale & Tampa Vivian P. Cocotas
Usher L. Brown' Robin Gibson Drage
Suzanne D'Agresta Gregg A. Johnson
Anthony A. Garganese Katherine W. Latorre
William E. Reischmann, Jr. Bridgette M. Miller
J.W. Taylor Alfred Truesdell
Jeffrey S. Weiss _
Gary M. Glassman
Erin J. O'Leary'
'Board Certified Civil Trial Lawyer Amy J. Pitsch
° Board Certified City, County & Local Govemment Law Catherine D. Reischmann
'Board Certified Appellate Practice Of Counsel
November 2, 2009
Via U.S. Mail
Andrea Lorenzo - Luaces, City Clerk
City of Winter Springs
1126 E. S.R. 434
Winter Springs, FL 32708
Re: Oviedo Marketplace Parcel 14B Implementation Agreement
Dear Andrea:
Enclosed for your execution is the Oviedo Marketplace Parcel 14B Implementation
Agreement. Please have yourself and the Mayor sign on page 6 and send the complete
original back to our office for recording.
If you have any questions, please give me a call
Sincerely,
// I/
mie Ligh , Pa j eg-if,
nthony A. Garganese, City Attorney
Enclosure
111 N. Orange Ave, Suite 2000 • P.O. Box 2873 •Orlando, Florida 32802 -2873
Orlando (407) 425 -9566 Fax (407) 425 -9596 • Kissimmee (321) 402 -0144 • Cocoa (866) 425 -9566 • Ft. Lauderdale (954) 670 -1979
Website: www.orlandolaw.net • Email: firm @orlandolaw.net
INNNNNINNIMNNNNNNNNMNMNNNIIl
,
MARYANNE MORSE, CLERK OF CIRCUIT COURT
SEMINOLE COUNTY
BK 07290 Pgs 1801 - 1809; (9pgs)
CLERK'S It 2009131858
RECORDED 11/19/2009 12:05 :28 PM
Prepared By: RECORDING FEES 78.00
RECORDED BY T Saith
Katherine W. Latorre
Winter Springs Assistant City Attorney
y Z Brown, Garganese, Weiss & D'Agresta, P.A.
111 N. Orange Avenue, Suite 2000
Orlando, FL 32802 -2873
(407) 425-9566
OVIEDO MARKETPLACE PARCEL 14B
IMPLEMENTATION AGREEMENT
THIS IMPLEMENTATION AGREEMENT ( "Agreement ") is entered into as of the e
day of October, 2009, between the CITY OF WINTER SPRINGS, a Florida municipal corporation
( "City "), and THE VIERA COMPANY, a Florida corporation ( "Developer ").
WITNESSETH: .
WHEREAS, the purpose of this Agreement is to implement the Oviedo Marketplace
Development of Regional Impact ( "DRI ") Development Orders for the development of Parcel 14B;
and
WHEREAS, Developer is the owner in fee simple of certain real property known as "Parcel
14B" containing approximately 11.265 acres subject to development, more or less, located in the
City of Winter Springs within the Oviedo Marketplace DRI, legally described herein ( "Property ");
and
WHEREAS, the Property is subject to that certain City of Winter Springs DRI Development
Order for Oviedo Marketplace (formerly Oviedo Crossing) dated November 12, 2001 and recorded
January 17, 2002 in Official Records Book 4298, Page 1855 of the Public Records of Seminole
County, Florida ( "Winter Springs DO ") as amended by that certain First Amendment to the DRI
Development Order for Oviedo Marketplace dated February 27, 2006 and recorded May 3, 2006 in
Official Records Book 06228, Page 1402, of the Public Records of Seminole County, Florida ( "First
Amendment to Winter Springs DO "). The Winter Springs DO and First Amendment to Winter
Springs DO are hereinafter collectively referred to as the "Development Order "; and
WHEREAS, the Property is zoned P.U.D. in accordance with the Code of Ordinances, City
of Winter Springs, Chapter 20, Article IV, Planned Unit Developments, Division 2. Part A. Planned
Unit Developments, which such zoning classification authorizes residential dwelling units and
supportive commercial and/or industrial land uses so long as they are complimentary to and
compatible with each other; and
WHEREAS, the Development Order authorizes "Retail /Office" development on the
Property; and
Implementation Agreement
• City of Winter Springs / The Viera Company
Page 1 of 7
WHEREAS, Developer has requested that a portion of the Property be developed for use as a
storage facility / mini - warehouse dealing primarily with the onsite rental or leasing of secure space to
the general public (i.e., rooms, compartments, lockers, containers, or outdoor space) where the
general public can store and retrieve their personal belongings; and
WHEREAS, the City and Developer desire to memorialize their mutual understanding and
agreement as to what kind of storage facility / mini - warehouse would constitute a "Retail /Office"
development on the Property consistent with the terms of the Development Order; and
WHEREAS, the City finds that a low- intensity, non - industrial storage facility / mini -
warehouse use, as further defined herein, is consistent with the Property's development designation
of "Retail" as set forth in the Development Order and further, that such use is complimentary to and
compatible with both the other uses allowed on the Property pursuant to the Development Order and
with existing development adjacent to the Property; and
WHEREAS, to insure that any storage facility / mini - warehouse now or hereafter
constructed on the Property is complementary to and compatible with both the other uses allowed on
the Property pursuant to the Development Order and with existing development adjacent to the
Property, the City has requested that Developer place further restrictions on the Property to prohibit
non - complementary and incompatible warehouse uses on the Property; and
WHEREAS, the City is authorized to regulate the development of the Property; and
WHEREAS, Developer is agreeable to further restricting the Property to prohibit non -
complementary and incompatible warehouse uses on the Property.
NOW, THEREFORE, in consideration of the sum of Ten Dollars ($10.00) and other
valuable considerations, the receipt and sufficiency of which are hereby acknowledged by the City,
the parties hereto agree as follows:
1. Recitals. The foregoing recitals are true and correct and are hereby incorporated
herein by this reference as a material part of this Agreement.
2. Authority. This Agreement is entered into pursuant to the Florida Municipal Home
Rule Powers Act.
3. Property. The Property subject to the terms and conditions of this Agreement is
legally described in Exhibit "A," attached hereto and fully incorporated herein by this reference.
4. Storage Facility / Mini - warehouse. Consistent with the statewide guidelines and
standards regarding land uses within Developments of Regional Impact set forth in section
380.0651(3)(e), Florida Statutes, the City hereby finds that a low- intensity, non - industrial storage
Implementation Agreement
City of Winter Springs / The Viera Company
Page 2 of 7
facility / mini - warehousing use is consistent with the "Retail" use designation on the Property.
Developer shall develop and utilize up to 100,000 square feet of the Property as a low - intensity, non-
industrial storage facility / mini - warehousing use pursuant to the following limitations and
conditions:
A. Developer agrees that any storage facility / mini - warehousing use on the
Property shall be limited to the leasing or renting of enclosed, secure space onsite to the
general public (i.e., rooms, compartments, lockers, or containers,) where the general public
can store and retrieve their personal belongings. The use of the rented or leased storage
spaces as retail -like store fronts from which goods and/or services are solicited for sale to the
general public is strictly prohibited.
B. For purposes of preserving the Property's low- intensity, non - industrial
character, the following high - intensity, industrial uses shall be prohibited on the Property:
outside storage of any kind; fleet and dispatch yards; bulk storage; other kinds of storage
yards of either flammable/hazardous or non - flammable /non - hazardous materials; cold
storage and frozen food lockers; lumber, building and home improvements supply storage;
and merchandise warehousing and storage facilities which handle goods in containers, such
as boxes, barrels, and/or drums, using equipment, such as forklifts, pallets, and racks.
C. Retail sales directly associated with the principal storage facility / mini -
warehousing use (such as boxes, tape and other storage supplies) is permitted on the
Property, provided that the retail sales are limited to one (1) location on the Property in close
proximity to the Property's entrance and are ancillary, secondary and incidental to the
principle storage facility / mini - warehousing use.
5. Compliance with Ordinances and Regulations. Developer shall comply with all
ordinances and regulations of the City (including, but not limited to, the City Land Development
Regulations) which are applicable to the development of the Property.
6. Representations of the Parties. The City and Developer hereby each represent and
warrant to the other that it has the power and authority to execute, deliver and perform the terms and
provisions of this Agreement and has taken all necessary action to authorize the execution, delivery
and performance of this Agreement. This Agreement will, when duly executed and delivered by the
City and Developer and recorded in the Public Records of Seminole County, Florida, constitute a
legal, valid and binding obligation enforceable against the parties hereto and the Property in
accordance with the terms and conditions of this Agreement. Developer represents that it has
voluntarily and willfully executed this Agreement for purposes of binding the Property to the terms
and conditions set forth in this Agreement.
7. Successors and Assigns. 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 Jf this Agreement similarly shall be binding upon the Property and shall run
Implementation Agreement
City of Winter Springs / The Viera Company
Page 3 of 7
•
with title to the same.
8. Applicable Law; Venue. This Agreement shall be governed by and construed in
accordance with the laws of the State of Florida. The parties agree that venue shall be exclusively in
Seminole County, Florida, for all state disputes or actions which arise out of or are based upon this
Agreement, and in Orlando, Florida, for all federal disputes or actions which arise out of or are based
upon this Agreement
9. 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. 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. 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. Effective Date. This Agreement shall become effective upon approval by the City
Commission and execution of this Agreement by both parties hereto.
13. Recordation. This Agreement shall be recorded in the Public Records of Seminole
County, Florida.
14. 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. Sovereign Immunity. Notwithstanding any other provision set forth in this
Agreement, nothing contained in this Agreement shall be construed as a waiver of the City's right to
sovereign immunity under section 768.28, 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 one
hundred thousand dollars ($100,000.00), 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 two hundred thousand dollars
($200,000.00).
Implementation Agreement
City of Winter Springs / The Viera Company
Page 4 of 7
•
16. 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. 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. 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. 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. Attorney's Fees. In connection with any arbitration or litigation arising out of this
Agreement, the prevailing party shall be entitled to recover reasonable attorney's fees and costs
through all appeals to the extent permitted by law.
21. Development Permits. Nothing herein shall limit the City's authority to grant or
deny any development permit applications or requests subsequent to the effective date of this
Agreement. The failure of this Agreement to address any particular City, County, State and/or
Federal permit, condition, term or restriction shall not relieve Developer or the City of the necessity
of complying with the law governing said permitting requirement, condition, term or restriction.
Without imposing any limitation on the City's police powers, the City reserves the right to withhold,
suspend, or terminate any and all certificates of occupancy for any building or unit if Developer is in
breach of any term and condition of this Agreement.
22. Default; Opportunity to Cure. Should either party desire to declare the other party
in default of any term and condition of this Agreement, the non - defaulting party shall provide the
defaulting party a written notice of default. The written notice shall, at a minimum, state with
particularity the nature of the default, the manner in which the default can be cured, and a reasonable
time period of not less than thirty (30) days in which the default must be cured. No action may be
taken in a court of law on the basis that a breach of this Agreement has occurred until such time as
the requirements of this paragraph have been satisfied.
23. 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 construction of Project within three (3) years of the effective date of this
Agreement. In addition, the City shall have the right, but not obligation, to terminate the Agreement
if Developer permane4tly abandons construction of the Project, provided, however, the City shall
Implementation Agreement
• City of Winter Springs / The Viera Company
Page 5 of 7
first deliver written notice and an opportunity to cure as set forth in Section 23 herein. If the City
terminates this Agreement, the City shall record a notice of termination in the public records of
Seminole County, Florida.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be duly executed
as of the day and year first written above.
CITY OF WINTER SPRINGS, a Florida
municipal corporation.
•
By: 1 ur
J.�/ F. Bush, Mayor
ATTEST:
By:
An. - o- Luaces, City Clerk
APPROVED AS TO FORM AND LEGALITY
For the use and reliance of the City of Winter Springs,
Florida only.
. C' E � Date: l0 ad /Q
• `�; c,
By '
• • Anthony A. Garganese, City Attorney for
the City of Winter Springs, Florida
cam
Implementation Agreement
City of Winter Springs / The Viera Company
Page 6 of 7
Signed, sealed and delivered in the THE VIERA COMPANY, a Florida corporation.
presence of the following witnesses:
0.,K0.),L By: . .._-,.. ' 4 --- P`.��ame: �.1— �c/r,
.js.r-
S' azure of Witness 1 R q��
C harle' ea 5 itle: ��
Printed Name of Wimess
Date: 1 O I dci I C 1
Signature of Witness
'�r3 C+Co -ll_
Printed Name of Witness
STATE OF F1 Orida-
COUNTY OF t3reVcLvri
e foregoing instrument was acknowledged before me this a day of O #ems , 2009, by
th e phe n I., . Jb h nsa'j as ef5 i d e n+ of THE VIERA COMPANY, a Florida
corporation, on behalf of said company. Vii. he is ersonally known to meor produced
as identification.
(NOTARY SEAL) < 40/4()-------
(Not Public Signattie)
CHARLENE R. SPANGLER Print Name)
Notary Public, State of Florida Notary Public, State of
My Comm. Exp. May 27, 2011 Commission No.:
Comm. No. DD 649077
My Commission Expires:
t
Implementation Agreement
City of Winter Springs / The Viera Company
Page 7 of 7
T.
EXHIBIT
LEGAL DESCRIPTION: PARCEL 148
•
A TRACT OF LANO LYING IN SEC770N 17 TOHNSHIP 21 SOU7N, RANGE .31 EAST, DESCRIBED AS
FOLLOWS:
COMMENCE AT 771E SCU7HEAST CORNER OF 77JSCAWLLA UNIT 7 ACCORDING 70
THE PLAT 7715 EO AS RECORDED IN PLAT 800K 2.2 PAGES 46 AND 47 OF THE
PUBLIC RECORDS OF 5E714VOLE COUNTY, 7[01(104. FOR 171E POINT OF BEGZNN /NG` -
7HENCE RUN WU771 01177'32' EAST, 319.02 FEET,• 171ENCE RUN 50U771
89:3740' £4ST, 52275 FEET; 77ENCE RUN SOUTH 1422'19` £AST, 169.91
FEET,• 7HDICE RUN 501./711 717070' EA57 164.74 FEET 70 A POINT ON 771E
NES7ERLY RIGHT- OF-WAY LINE OF DOI.ERA DRIK ACCORDING 70 771E PLAT OF
ONEDO CROSSING - PHASE 3 AS RE CORDED Il/ PLAT BOOK 51 PAGES 29 AND 30 OF
SAID PUBLIC RECORDS. MINCE RUN ALONG S4/0 NES7FRLY RIGHT-OF-WAY LAVE
7HE f17LLONVNG COURSES 50(1771 557544" WEST, 20022 PEET 70 NE POINT
OF CURVA7URE OF A CURVE CONCAVE SOUTHEASTERLY; THENCE RUN
SOUTHWESTERLY ALONG S410 CURD HAVING A RADIUS,OF 95000 FEET, A •
CENTRAL AIV X5 OF 1906'05; AN ARC LENGTH OF 316.71 FEET, A CHORD
LE7VG71/ OF 31525 PEE'T AND A CHORD BEARING OF 50(1771 4542'41' NEST 70
771E PONT OF TANG5VC7; ]HENCE RUN SOU771 360939" WEST, 27510 FEET
TO 171E POINT OF CURVATURE OF A CURVE CONCAVE SOUmEAS7ERL> 7710ICE RUN
SOU771WE57ERLY ALONG SAID CURVE HAVING A RADIUS OF 800.00 FEET, A
• CENTRAL ANGLE OF 1748'J5, AN ARC W10711 O'' 24567 FEET, A CHORD
LENC7H OF 24767 FEET AND A CHORD BEARING OF 50(1771 2775'21' NEST TO
771E NOR1H£AST CORNER OF LOT 1.2 OVIEDO CROSSING - PHASE 13 .4000RD/NG
TO THE PLAT THEREOF AS RECORDED /N PLAT 800X 47, PAGES 80 771ROUGH 83 OF
54/0 PUBLIC RECORDS; ?HENCE RUN NORTH 72'4644' NEST, ALONO 771E
NORTH LINE OF SAID LOT 12 A DISTANCE OF 6309 FEET,• 17IENCE RUN SOUR/
6317512' NEST, ALONG 3410 NORTH LINE; 61.20 FEET,• 771£710& DEPARTING
SAND NORM LINE; RUN NORTH 4058'46' 11E5I 5158 FEET 77157/05 RUN
5011771 817112' NE57, 30.42 FEE?] 77IENCE RUN SOUTH 355678" WEST,
1757 FEET• THENCE RUN SOUTH 09 41'15' EAST, 6105 FEET, 7715710E RUN
50(1771 0917046' NEST, 3493 FEET,' THENCE RLIN SOLIDI 1445'04' £AST,
12.17 FEET THENCE RUN SOLID/ 360439" EAST, 3739 FEET, 77IENCE RUN
• SOUTH 597437' WEST, 6287 FEED 770/CE RUN NOR7f/ 583740' NEST,
4676 FEET 771ENCE RUN NORTH 867072' NEST, 29.54 FEED MICE RUN
5011771 5656'15' WES: 4557 FEET, 77/57/05 RUN NORTH 781321' WEST.
56.08 FEED THENCE RUN SOU771 8555'07" WEST, 27.92 FEE* THENCE RUN
SO(17I 5731'32' NES7; 40.49 FEE,' THENCE RUN NORM 7838'20' NEST c \
59.60 FEET, THENCE RL/N NORTH 8708'19" WEST, 42.55 FEET 7710105 RUN
N
c.
ORTH 004725'5454 10116 FEET 70 A POINT ON A CURVE CONCAVE 7V c.J
THE 7108770 77/ENCE RL/N NEST, ALONG SAID CURVE, HAVING A RADIUS OF 750.00 '=
FEET, A CENTRAL ANGLE OF 03'4543; .4N ARC LE7V6771 OF 49.24 FEET, A
CHORD L&VG771 OF 49.24 FEET AND A CHORD BEARING OF NOR77/ 864820
NEST, THENCE RUN NORTH 66036" 545D TANGENT 70 SA/0 CUM Z. 4126 FFE77 THENCE RUN NORTH 514810' EAST, 97.22 FEED 771EWCE RUN 1
NORDN 671448" EAST, 61.59 FEET, 771ENCE RUN NORTH 7776"39' EAST,
4221 PEED THENCE RUN NOR771 86'07'04" EAST, 90.61 FEET THENCE RUN
NORTH 2979'35' EAST, 31.43 FEED 770VC,E RUN NOR77 8725'.45' EAST, , J
1285 FEED 7710/05 RUN SO/7H 607721" 5457, 2.195 FEET THENCE RUN
NOR77/ 8478'46' E457, 7435 FEET? THENCE RUN 7101417 7617001' EAST, Ci.7
97.02 FEET, 7HENCE RUN NORTH 635073' £AST. 4502 FEET 16110E RUN y4.
NORM/ 22'32'54' EAST, 3518 FEET 771[7/05 81IN NORTH 4143 '51' EAST,
3590 FEET THENCE • RLIN NORTH 064609' • NE3T, 21.76 FEET DAME' RUN
7108771 124258' 5437, 2258 FEET 171ENCE RUN NORTH 5037'31" E4S7: •
27.29 FEET THENCE RUN NORTH 7122'07' 5437, 4.583 FEET 7715710£ RUN
NORTH 562908" E457; 3510 FEET 7710/CE RUN NOR771274651" £AST,
26.11 FEET, 771/CE RUN SOUTH 7024'58' WEST, 2737 FEET 77/ /CE' RUN
50117H 845907' NEST, 4373 FEED 7NE7VCE RL/N SOUTH 730927' WEST,
2533 FEET 7710VCE RUN SOWN 3827'31" WEST, .3425 FEET 7NE2VCE RUN
SOU771 594957' NEST, 3200 FEET 27/ENCE RUN NORTH 7040'40" NEST,
29.66 FEED THENCE RUN SOUTH 8977'06' NEST, 2098 FEET; 17157105 RUN
NORTH 100219' $E$7 22.26 FEET 7710/05 RUN NOR7II 7629'0" NEST,
2401 FEET THENCE RUN SOU171 495230" WEST, 5474 FEET 7710VCE RUN
SOUTH 762329' WE5'T, 2792 FEET; 7710(05 RUN NORM 550675' NEST,
29.84 FEED 7762/CE RUN NORTH 85 '40 NEST, 33.57 FEED 7HOVCE RUN
NORTH 2257'50' NEST, 2338 FEET 4.57/05 RUN NOR7N 0934'1 EAST,
89.96 FEET, 77Y5NCE RUN NORTH 0142'09' EA57, 124.36 FEET VENCE RUN
NOR7H 0974'09' EAST, 7189 FEET 77•7VCE RUN NORTH 09173'56' NEST,
• 35.12 FEET 7717VCE RUN NORTH 1023'32' EA57, 19592 FEET,' THENCE RUN
NORTH 133851" WEST, 4341 PEED 77157105 RUN NORTH 490820' NEST,
2717 FEED..771FJVCE RUN NORD/ 745J20' VI 47:
ES: 26 FEET; 1715710E RUN •
N08771 517`32' NEST, 2130 FEET 7715'7/05 RL/N NORTH 847624' NEST,
20.46 FEET 7110/CE RUN NORTH 619(109" NEST, 31.11 FEET, 77/0405 RUN
NORTH 7245'56' WEST, 29.84 FEED 711f2VCE RUN. NO8771 0026'45' WEST,
139 FEET 71/571: RUN NOR77/ 1030'22' KEW; 4162 FEET, THENCE RUN
NORTH 275323' NE57. 77105 FEET,' MINCE RUN NORM 467723' 14E37;
6245 FEET • RENEE' RUN NORTH 594919" WEST, .3725 FEET; 7HOVCE RUN
NORTH 283850" NEST, .174 FEET, THENCE RUN NORTH 69:3727' EAS7
416.21 FEET 70 771E PONT OF BEGINNING
� f
LESS AND L7KCEPT THE FOLLOWING DECR/BED TRACT OF LAND: •
A TRACT OF LAND LYING NV SECTION 17, TORNSIIP 21 S0UTT, RANGE 31 EAST, •
•
OEX'R/BEO AS FOLLOWS
CLMIM&NCE AT THE SOUTHEAST COINER OF TUSCAMLLA• UNIT Z ACCORDNVG 70
THE PLAT THEREOF AS RECORDED N PLAT BOOK 22 PAGES 46 AND 47 OF THE
PUBLIC RECORDS OF SEMINOLE CAWTY, FLORIDA FOR A PONT OF RFFD4ENC +
MICE RUN SOUTH 01177'52" EAST; 319.02 !EFT, THENCE RUN SOUTH 89.37'40" EAST;
217.75 FEET 70 THE PONT OF 8EG9NN& 1HINCE RUN SOUTH 8937'40' EAST 303100
FEa THENCE RUN SW771 1432'19" EAST, 769.91 FEET; THENCE RUN SOUTH 717070'
EAST, 164174 FEET 70 A PONT LYNG V. THE WESTERLY RIGHT- OF-WAY LINE OF COINER
ORIKE: ACCORDING 70 THE PLAT OF 014E00 CROSSING - PHASE 4 AS RECORDED /N
PLAT BOOK 5Jj PAGES 29 AND 30 OF SAID PUBUC RECORDS; THENCE RUN, ALONG
5,310 RESTERLYINNT- OF-W(Y LNVE THE FOCLOHONG COURSES S0UTN 5575'44"
• HEST, 20022 FEET T7 THE PONT Of CURVATURE OF A CURIE GYNCAIE •
SOUIHEAS7D0LY; THENCE RUN S'WIHHESSTERL7 ALONG SAW WRY& HAVING A
RADIUS OF 95000 raz A C W77 AL ANGLE OF 1917,05;,4 N ARC LENGTH OF 31571
FEET, A CHORD LENGTH OF 31125 FEET ANO A CHORD REARM OF SOUTH 4542'41"
HEST TO THE PONT OF TANGENCY; THENCE RUN SOUTH 3617919" H£ST, 2188 F727;
THENCE DEPARTING SAID HESIERLY RIGHT-OF-MY UN& RUN NORTH 51'4676"
HEST, 21.85 FEET TO THE PONT OF CURVATURE.QF A CURIE CANCA
NARTH,'AS7FRLY,• THENCE RLNN NORTHHESTE4L ALONG SA/0 CURIE; HANG A
RADIUS OF 201.76 FEFT, A LENRAL ANGLE OF 5472'42; AN ARC LE7VGTN OF 19090 •
FEET, A CHORD LENGTH OP 1£1(86 FEET AND A CHORD BEARING OF NORTH 26 4156"
HEST 70 171E POINT OF TANGSVCY; NSW RUN NORTH 007425" EAST, 39550 FEET •
7n THE POINT OF BEGDASVW •
THE ABOVE DESCRIBED TRACT OF LAND LIES IN 711E CITY OF W!N7ER
SPRINGS, S66fJNIOLE COUNTY, FLOR/114 AND CONTAINS 11.265 ACRES,
MORE OR LESS.
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EXHIBIT A
Page 2 of 2