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HomeMy WebLinkAboutSprings Land Investments Binding Development Agreement -2002 03 11 V I' t" i t. \~1 _~~,~ ~;f -/ r ' 1101111111111111111111 HI II III 11111 U 1111111111. n DI I 1111 ~ Prepared by and Return to: Anthony A, Garganese, City Attorney Brown, Ward, Salzman & Weiss, P,A, 225 E, Robinson Street, Suite 660 P,O, Box 2873 Orlando, FL 32802-2873 MARYANNE MORSE, CLERK OF CIRCUIT COURT SEMINOLE COUNTY BK 04358 PG 1310 CLERK'S # 2002850603 RECORDED 03/22/2002 10111101 AM RECORDING FEES 181.50 RECORDED 8Y L Woodl.y Parcel 1.0, Nos, 26-20-30-5AR-OOOO-18C 26-20-30-5AR-OOOO-0200 BINDING DEVELOPMENT AGREEMENT THIS BINDING DEVELOPMENT AGREEMENT (herein referred to as the "Development Agreement"), made and executed this II t:1\ day of ~c ~, 2002, by and between the CITY OF WINTER SPRiNGS, a Florida municipal corporation (herein referred to as the "City"), whose address is 1126 East State Road 434, Winter Springs, ' Florida, 32708, and SPRINGS LAND INVESTMENTS, LTD., a Florida limited partnership (herein referred to as "Springs"), whose address is c/o Sunbelt Investors Group, 175' Lookout Place, Suite 201, Maitland, Florida, 32751, and JESSUP SHORES LIMITED PARTNERSHIP, a Florida limited partnership (herein referred to as "Jessup"), whose address is c/o Sunbelt Investors Group, 175 Lookout Place, Suite 201, Maitland, Florida, 32751, and CENTEX HOMES, a Nevada general partnership (herein referred to as "Centex"), whose address is 385 Douglas Avenue, Suite 2000, Altamonte Springs, Florida, 32714. WITNESSETH: WHEREAS, Springs and Jessup jointly own certain real property in the City of Winter Springs, Florida, described in Exhibit "A" attached hereto and incorporated herein 1 I I' "r " ~ by reference (herein referred to as the "Subject Property"); and WHEREAS, the Subject Property is currently within an area designated as "C_1 Neighborhood Commercial District" according to the zoning classification records of the City; and WHEREAS, Centex has entered into a contract to purchase aportion of the Subject Property from Springs and Jessup for development as an attached multifamily townhome residential community, described in Exhibit "L" attached hereto and incorporated herein by reference (herein referred to as the "Residential Property"), subject to obtaining an appropriate conditional use approval, variance or rezoning of the Residential Property from the City; and WHEREAS, the townhome units will be offered for sale to the public; and WHEREAS, Springs and Jessup desire to retain the right to develop the portion of the Subject Property not sold to Centex described in Exhibit "M" attached hereto and incorporated herein by reference (herein referred to as the "Commercial Property") for commercial purposes; and WHEREAS, development of the Residential Property and Commercial Property will require construction of a common entrance road for vehicular access to State Road 434 to be shared by the residents of the Residential Property and the occupants of the c.ommercial Property, and by the guests and invitees of such owners and occupants described in Exhibit "N" attached hereto and incorporated herein by reference (herein referred to as the "Private Entry Street"), and a landscaped and improved area adjacent 2 0." :;0... r- com o oz :X:C 3 e ~N we tJ10 Q;lN Q;I tJ1 e "OC1'l DO Ci)W m ... w ... ... flY " ! to the Private Entry Street described in Exhibit "0" attached hereto and incorporated herein by reference (herein referred to as the "Entry Feature Property"); and WHEREAS, Springs and Jessup and Centex are willing to develop the Subject Property under its current "C-1" zoning classification in exchange for the covenants of the City herein set forth; and WHEREAS, the City Commission has recommended entering into a Binding Development Agreement with Springs and Jessup and Centex for development of the Subject Property; and WHEREAS, in addition to Springs', Jessup's and Centex's compliance with all City Codes, permitting, and construction not in conflict herein, the City, Springs, Jessup, and Centrex desire to set forth the following special terms and conditions; and WHEREAS, the City Commission of the City of Winter Springs finds that this Agreement is consistent with the City's Comprehensive Plan and land development regulations and is a legislative act of the City Commission of the City of Winter Springs; and WHERE~S, th~ City Commission further finds that this Agreement promotes the public health, safety, and welfare and is consistent with, and an exercise of, the City's powers under the Municipal Home Rule Powers Act, as provided in s, 2(b), Article VIII of the Florida Constitution and Chapter 166,021, Florida Statutes, and the City's police powers. NOW THEREFORE, in consideration of the mutual covenants and mutual benefits 3 0." :01"'1 r com o oz ~c:: ~ o ~/\) wo U10 CD/\) (t) U1 o "00'1 DO Ci)W m ~ w ~ I\) , . yo- t herein contained, the parties agree as follows: 1. Recitals. The foregoing recitals are hereby incorporated herein by this reference. 2. Authoritv. This Development Agreement is entered into pursuant to the Florida Municipal Home Rule Powers Act, and the Code of Ordinances of the City' of Winter Springs. 3. Representations of Centex, Sprinas and Jessup. Centex, Springs and Jessup hereby represent and warrant to City that Centex, Springs and Jessup have the power and authority to bind the Subject Property and execute, deliver and perform the terms and provisions of this Development Agreement, have an equitable or legal interest in the title to the Subject Property, and have taken all necessary action to authorize the execution, delivery and performance of this Development Agreement. 4. Town, Center Zonina. Provided that the terms and conditions of this Development Agreement are satisfied by Springs, Jessup and Centex, or their respective successors in title, the City shall not rezone the Subject Property, or any part thereof, into the Town Center Zoning District (herein referred to as "Town Center"), as long as this Development Agreement shall remain in effect, unless the parties agree to initiate the rezoning to Town Center. To the extent that the City Commission determines, at its reasonable discretion, there is a specific and direct conflict between, the terms and conditions of this Development Agreement arid the provisions of the Code of Ordinances of the City of Winter Springs, the parties agree that the provisions of this Development Agreement shall control as if approved by the City Commission as a legislative act. 4 0" :;Ot-l r CDn1 o 02 ,::C 3: o ~f\) WO UlO Q)f\) Q) Ul o 'O0'l DO Ci)W m ~ W ~ W " ,. , , , , Moreover, the City acknowledges that the underlying land use designation for the Subject Property is "Mixed Use", and the City agrees not to initiate, sponsor or support any attempt to change the underlying land use designation as long as this Development Agreement shall remain in effect, unless the parties agree to initiate the change of land use designation. 5. Residential Property Conditions. The parties covenant and agree that the Residential Property shall be developed in accordance with the plans and specifications identified as Wagner's Curve Mixed Use Development, dated 10/01, (herein referred to as the "Townhome Plans") attached hereto as Exhibit "8" and incorporated herein by reference, and the Residential Development Standards (herein referred to as the"Townhome Standards") attached hereto as Exhibit "c" and incorporated herein by reference. As used in this Development Agreement, and in the Townhome Plans and Townhome Standards, the terms 'Townhome Unit' or 'Unit' mean an individual townhouse dwelling intended for occupancy by a single family and attached by a party wall to another Townhome Unit, and the terms 'Townhome Building' or 'Building' mean a structure consisting of two or more Townhbme Units attached by party walls under a common roof. The developer of the Residential Property shall have the right to amend the Townhome Plans and/or Townhome Standards provided that any such amendment shall be first approved by the City. Minor changes that do not materially modify the location or footprint of any building may be deemed non-material by the City, and may be approved by City Manager. All material modifications of the Townhome Plans and/or Townhome Standards shall be subject to review and approval of the City Commission, and, at the option of the 5 0.,., :;0.... r o:lrT'l o oz ,:;C 3: o ~N wo U10 [tiN CD UI o 1J0'l DO Ci)W rT'l .... w .... ~ .. '1 City, may be memorialized by an amendment to this Development Agreement. 6, Phased Townhome Construction. City and Centex agree that the Townhome Buildings shall be constructed in the numerical sequence set forth in the Townhome Plans attached hereto as Exhibit "B," 7. Commercial Property Conditions. The parties covenant and agree that the Commercial Property shall be developed in accordance with Commercial Development Standards (herein referred to as the "Commercial Standards") attached hereto as Exhibit "0" and incorporated herein by reference. The developer of the Commercial Property shall have the right to amend the Commercial Standards provided that any such amendment shall be first approved by the City. Minor changes that do not materially modify the location or footprint of any building may be deemed non-material by the City, and may be approved by the City Manager. All material modifications of the Commercial Standards shall be subject to review and approval of the City Commission, and, at the option of the City, shall be memorialized by an amendment to this Development Agreement. 8. Private Entry Street. The parties covenant and agree that the Private Entry Street shall be developed in accordance with the plans and specifications approved by the City. Centex, Springs and Jessup agree that the Private Entry Street Plans shall be submitted to the City for approval within ninety (90) days of the effective date of this Development Agreement. The Private Entry Street shall be designed as a traditional town center street, shall include town center architectural features which are acceptable to the City, and shall be designed substantially similar to that depicted on Exhibit "E." The Private Entry Street, shall be platted along with either the Residential Property or the 6 0" ;OM r o:Jrr1 o OZ ,::c: ~ o ~I'U wO tJ10 CDI'U Q:) tJl o "O(J'I DO Ci)W rrl .... w .... tJl " . , ,. '. Commercial Property, whichever shall be platted first. Construction of the improvements depicted on the Private Entry Street Plans shall have been completed prior to the issuance of a Certificate of Occupancy for the model Townhome Units or for the first commercial building constructed on the Commercial Property, whichever occurs first. Centex, Springs and Jessup, or their successors in interest, jointly, shall have the right to amend the Private Entry Street Plans provided that any such amendment shall be first approved by the City. Minor changes that do not materially modify the location or footprint of any improvement may be deemed non-material by the City, and may be approved by the City Manager. ' All material modifications of the Private Entry Street Plans shall be subject to review and approval of the City Commission, and, at the option of the City, shall be memorialized by an amendment to this Development Agreement. The City acknowledges that the Private Entry Street may have sections paved with stabilized brick pavers rather than concrete or asphalt paving. 9. Entry Feature Property. The parties covenant and agree that the Entry Feature Property shall be developed in accordance with the plans and specifications approved by the City. Centex, Springs and Jessup agree that the Private Entry Plans shall be submitted to the City for approval within ninety (90) days of the effective date of this Development Agreement. The Private Entry Feature shall be designed with enhanced plan~ings and as a traditional town center architectural feature which shall create a long lasting statement to the public. The Private Entry Feature Property shall be designed substantially similar to that depicted on Exhibit "F." In addition, the Private Entry Plans shall include an ornamental picket fence or other ornamental hardscape feature along the 7 0" ;OM r CtlITl o 02 ,:;C 3 o ~N wo UlO CON CD Ul o "00" DO Ci)W ITI .... w .... (Tl ;- " entry drive from the gazebo to the gated entrance. Construction of the improvements depicted on the Private Entry Plans shall have been completed prior to the issuance of a Certificate of Occupancy for the model Townhome Units orfor the first commercial building constructed on the Commercial Property, whichever occurs first. Centex, Springs and Jessup, or their successors in interest, jointly, shall have the right to amend the Private Entry Plans provided that any such amendment shall be first approved by the City. Minor changes that do not materially modify the location or footprint of any improvement may be deemed non-material by the City, and may be approved by the City Manager. All material modifications of the Private Entry Plans shall be subject to review and approval of the City Commission, and, at the option of the City, may be memorialized by an amendment to this Development Agreement. The Entry Feature Property shall be subject to the right reserved to the Residential Property to erect and maintain asign near the intersection of the Private Entry Street and S. R. 434, visible from S.R. 434, bearing the name of the Townhome project. Any such sign shall comply with Article VI, Section 20-470, S. R. 434 Corridor Vision Plan Regulations of the Winter Springs Land Development Code, and may be a permanent structure including monumentation, landscaping, irrigation and lighting, provided that said sign shall be designed in such a manner as to be consistent with Town Center design standards set forth in the Town Center District Code. Any such sign and associated improvements shall be maintained at the sole expense of the property owners association of the Residential Property. 10. Traffic SiQnal. The parties acknowledge that a traffic signal is being 8 aT! :;01-4 r aHn a az AC: ::1 o ~N wO tJlO CPN Q:) tJI o "OCTl DO GlW m ... w ... '" " 1 designed and permitted at the intersection of the Private Entry Street and S. R. 434 by Seminole County with the input and assistance of the City, and the Seminole County School Board. The traffic lights shall be installed at no expense to Centex or Springs and Jessup. 11. Compliance with City Tree Ordinance. Development of the Subject Property shall be subject to compliance with the City's Arbor Ordinance as set forth in the City Code, as amended, and subject to the Tree Replacement Guidelines set forth in this section. 11 ,1 Tree Replacement Guidelines. a. The following words shall have the meaning ascribed below unless the . context clearly indicates otherwise: (1) Arbor Ordinance. City Arbor Ordinance shall mean Chapter 5 of the City Code of Ordinances otherwise known as the City Arbor Ordinance. (2) Preferred Plant List. Preferred Plant List shall mean that list of plant materials and corresponding Tree Replacement Credits shown in Exhibit uK", of this agreement. In addition, the DD Blanchard Magnolia, Magnolia Grandiflua, at the 65 gallon size will be considered a preferred plant at a replacement credit ratio of 5: 1. (3) Tree Replacement Assessment. Tree Replacement Assessment shall mean the total amount of monetary compensation owed to the City of Winter Springs as provided in the Arbor Ordinance for the 9 0." :;Ol-i r O:HI1 o OZ ^C 3 o ';-f\) WO tJlO Q)f\) Q) tJI o 1:1'" DO CilW m .... w ~ Q) , , . , replacement of trees cut, destroyed, or removed from a property in the City as a result of development or redevelopment. (4) Tree Replacement Credit. Tree Replacement Credit shall be equal to one-hundred ($100,00) dollars and no cents in tree replacement value. b. In consideration of trees which shall be cut, removed or destroyed from the Residential Property and Commercial Property by Springs, Jessup, and Centex or their agents, Springs, Jessup, and Centex, jointly, shall replace trees or monetarily compensate the City as provided in the Arbor Ordinance according to the Tree Replacement Assessment established by the City. c. Springs, Jessup, and Centex may deduct from their Tree Replacement Assessment, Tree Replacement Credits based on the number of replacement credits as provided in the Preferred Plant Material List provided that: (1) All plant materials are Florida Grades and Standard One (1) or better; (2) All plant materials are properly installed; and (3) The landsGape plan for the proposed development to which the credits are to be applied is prepared by a landscape architect licensed by the State of Florida. d. . In addition, the following requirements shall apply: (1) For every, tree removed (greater than 14 inch caliper), one replacement tree shall be planted. The replacement tree shall be a 10 Oil :;01-1 r CPlTl o 02 AC :i o -I:'N WO tJlO Q:)N Q:) Ul o '017' DO Ci)W lTl ~ W ~ l.O , I' i " minimum of 2% inch caliper container grown (30 gallons). (2) With respect to the dense pine trees which were apparently planted for silviculture purposes in the middle of the Residential Property, these pine trees shall be removed and replaced in accordance with the natural growth patterns located elsewhere on the Residential Property. In other words, the number of replacement trees shall be determined using the average density (i.e., number) of trees per acre located on the Residential Property, excluding the area where the dense pine trees are located in the middle of the Residential Property. (3) The size and species of the existing trees that are removed shall not be considered in determining the required replacement trees unless a particular existing tree is exempt from this requirement pursuant to the City's Arbor Ordinance (e.g" specimen tree), 12. ,Fencina. Fencing along S.R. 434 and the western boundary of the Residential Property shall be see-through decorative aluminum material with brick columns and certified to meet all code requirements. The distance between brick columns shall be reasonably acceptable to the City. Said fencing along the western ,boundary shall extend at least to the south end of Townhome Building #13 from S.R. 434 or until it is no longer visible from S. R. 434, from the east and west motor vehicle approaches, but in no case beyond the south end of Townhome Building #14. The fencing and the landscaping related to the fencing, along with the streetscaping along S.R. 434, shall be constructed 11 OTl :;o- r tDlTl o OZ ~c: :I o ~N wo tJlO (DN CD U1 o 'OCJ'I DO evw ITl ... W N o . " , in conjunction with the Private Entry Street and Entry Feature. The City reserves the right to withhold the issuance of any Certificate of Occupancy upon the City's determination that the aforesaid is not being timely constructed as required hereunder. 13, Other Applicable Conditions. The elements of the improvements depicted in the Townhome Plans and the Commercial Standards will govern exterior appearance and placement, including without limitation, architectural elements, common area improvements, parking areas, private streets, Private Entry Street, Private Entry Feature, and setback lines. The parties acknowledge that in addition to complying with the approved Townhome Plans and/or Commercial Standards, as the case may be, regarding exterior appearance and placement, all structures and improvements constructed or installed on the Subject Property shall be subject to compliance with applicable building codes, and nothing in this Development Agreement or in the Townhome Plans or Commercial Standards shall be deemed to alter any applicable building code. 14. Private Streets within Residential Property: Gates. As depicted in the Townhome Plans, the City agrees that the streets and driveways within the Residential Property will be privately owned and maintained by the property owners association created for the Residential Property, and that access will be controlled by elec~rically operated gates, The gates shall be located as depicted in the Townhome Plans, and the private streets shall connect to the Private Entry Street at the boundary between the Residential Property and the Private Entry Street. The portion of the private streets between the gates and the Private Entry Street shall be maintained exclusively by the property owners association for the Residential Property, and the City shall have no 12 0'" ':;00-4 r com o 02 ;X:C: :! o ~I\j wo tIlO CJ:l1\j CD tIl o 'O0'l DO CilW m ~ w I\j ~ obligation to provide maintenance for any portion of sLich private streets, The electric gates shall be fitted with devices allowing immediate entry and exit of emergency, fire and/or police vehicles and personnel, as well as U. S. Postal Service personnel and vehicles, and City service personnel and vehicles. The engineer of record shall provide a signed and sealed estimate of the cost of annual maintenance as well as the cost to resurface the road, the property owners association, or their successors in interest, shall cause a Florida licensed Certified Public Accountant to annually certify to the City that adequate funds are being collected from the owners to meet the future value of those engineer's estimates. 15. Aaareaated Development. For development purposes, the Residential Property and Commercial Property shall be aggregated as one single development under the terms and conditions of this Development Agreement and the City Code. However, it is understood by all parties that the Commercial Property and Residential Property may be developed by separate entities. If said properties are developed by separate entities, a default under this Agreement by one entity shall not constitute a default by the other entity, unless the default involves a joint obligation of the entities under the terms and conditions of this Agreement. In which case, a default by one entity shall constitute a default by the other entity. 16. ,Platting; Developer's Limited Riaht to Terminate. Upon the effective date of this Development Agreement, Springs, Jessup, and Centex shall promptly submit and prosecute with the City an application for development approval consistent with the terms and conditions of this Agreement. The application shall be prosecuted in good faith and 13 0." ;:01-1 r ttlm o oz ~c: ::a: o ~r\) wo UlO (J)r\) (J) Ul o "00"1 DO Ci)W m - w r\) l\) shall be subject to the City Commission's approval. Springs, Jessup, and Centex, jointly, shall have the right to terminate this Agreement until such time final engineering and construction plans are approved by the City Commission, at which time Springs' Jessup's, and Centex's right to terminate this Agreement shall expire. 17. Government Services. The City shall provide police, fire, emergency and garbage collection services to the residents of the Residential Property, and, provided that the Residential Property is developed in accordance with this Development Agreement, garbage collection shall be provided on a unit-by-unit basis comparable to such services provided by the City to residents of single-family detached homes. The City's personnel, contractors, vendors and suppliers shall have unrestricted access to the Residential Property for the performance of their duties, and the Residential Property shall be subject to an easement for access over and upon the private streets and common areas of the Residential Property for the benefit of police, fire, emergency and utility personnel, as well as the United States Postal Service and commercial delivery services. 18. Successors and Assigns. This Development Agreement shall automatically be binding upon and shall inure to the benefit of the successors and assigns of each of the parties. 19. Applicable Law. This Development Agreement shall be governed by and construed in accordance with the laws of the State of Florida. 20. Homeowner's Association Documents: Third Party Beneficiary. Centex, Springs, and Jessup agree that the Residential Property shall be managed by a homeowner's association. Centex, Springs, and Jessup agree that the homeowner's association documents shall be submitted to the City for review and approval prior to 14 Oil :o~ r tDn1 o OZ ~c: :i o ~N wo U10 (J)N (J) U1 o "Ol1'l DO Ci)W m .... W N W , , ,. " recording. The documents shall provide that the City shall be designated as a third-party beneficiary to be in privity with Centex, Springs, and Jessup and the property owners' association for the purpose of enforcing the rights and obligations hereunder. Such designation shall be to the satisfaction of each party and shall be completed prior to the , issuance of a Certificate of Occupancy. In the event the Commercial Property is subject to a homeowner's or condominium association, the third party beneficiary provisions of this paragraph shall also apply. 21. Amendments. This Development Agreement shall not be modified or amended except by written agreement executed by all parties hereto and approved by the City Commission of the City of Winter Springs. 22. Entire AQreement. This Development Agreement supersedes any other agreement, written or oral, and contains the entire agreement betweefl the parties as to the subject matter hereof. 23. Severability. If any provision of this Development 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 Development Agreement. 24. Effective Date. This Development Agreement shall become effective upon approval by the City of Winter Springs City Commission and execution of this Development Agreement by all parties. 25. Recordation. Upon approval by the City of Winter Springs City Commission and execution of this Development Agreement by all parties, this Development Agreement and any amendments hereto shall be recorded by the City in the public records of 15 Oil ;:01-4 r- CDm o oz ~c :! e ~/\) we tJlO CD/\) CD Ul o '00'1 1>0 Ci)W m - w I\) ~ .. . , Seminole County, Florida, and shall run With the land. A Notice of Termination shall be recorded in the public records of Seminole County if this Agreement is terminated by Springs, Jessup, and Centex pursuant to paragraph 16 herein. 26. Relationship of the Parties. The relationship of the parties to this Development Agreement is contractual and arm's length. Springs, Jessup and Centex are independent contractors and are not the agents of the City for any purpose. Nothing herein shall be deemed to create a partnership, or joint venture, or principal-agent relationship among the parties, and no party is authorized to, nor shall any party act toward third persons or the public in any manner which would indicate any such relationship with any other party, 27. SovereiQn Immunity. Nothing contained in this Development Agreement shall be construed as a waiver of the City's right to sovereign immunity under Section 768.28, Florida Statutes, or any other limitation on the City's potential liability under state or federal law. 28. City's Police Power. Centex, Springs and Jessup acknowledge and agree that the City hereby reserves all police powers granted to the City by law. In no way shall this Development Agreement be construed as the City bargaining away or surrendering its police powers. 29.. Interpretation. The parties to this Development Agreement acknowledge and agree that all parties have participated equally in the drafting of this Development Agreement, and no party shall be favored or disfavored regarding interpretation of this Development Agreement in the event of a dispute between the parties. 30. Permits. The failure of this Development Agreement to address any 16 0" :01-4 r- ltJrrI o OZ At: ~ o ~I\) wo tJlO CD I\) CD tJI o "OCTl DO cnw rrI - w I\) tJI " ',~ '. particular City, county, state and federal permit, condition, term or restriction shall not relieve Centex, Springs and Jessup or the City of the necessity of complying with the law governing said permitting requirements, conditions, term or restriction. 31. Third Party Riahts. This Development Agreement is not a third party beneficiary contract, and shall not in any way whatsoever create any rights on behalf of any third party. 32. Specific Performance. Strict compliance shall be required with each and every provision of this Development Agreement. The parties agree that failure to perform the obligations established in this Development Agreement shall result in irreparable damage, and that specific performance of these obligations may be obtained by suit in equity. 33. Attorneys' Fees. In connection with any arbitration or litigation arising out of this Development Agreement, the prevailing party shall be entitled to recover reasonable attorney's fees and costs through all appeals to the extent permitted by law. 34. Future Rezoninas/Development Permits. Nothing in this Development Agreement shall limit the City's authority to grant or deny any future rezoning or development permit applications or requests, or the right of Centex or Springs and Jessup to apply for or oppose any future rezoning or development permit application subsequent to the Effective Date of this Development Agreement. In addition, nothing herein shall be construed as granting or creating a vested property right or interest in Centex, Springs, and Jessup or on the Subject Property. 35, Force Maieure. The parties agree that in the event that the failure by either party to accomplish any action required hereunder within a specified time period ("Time 17 0" ::o- r aHn o oz ~c: ::[ o 4:'N WO tJlO Q)N (J) U1 o ~O'l DO C')w m ~ w rv tI'l "1' . Period") constitutes a default under the terrns of thiS Agreement and, if any such failure is due to any unforeseeable or unpredictable event or condition beyond the control of such party, including, but not limited to, acts of God, acts of government authority (other than the City's own acts), acts of public enemy or war, riots, civil disturbances, power failure, shortages of labor or materials, injunction or other court proceedings beyond the control of such party, or severe adverse weather conditions ("Uncontrollable Event"), then notwithstanding any provision of this Agreement to the contrary, that failure shall not constitute a default under this Agreement and any Time Period proscribed hereunder shall be extended by the amount of time that such party was unable to perform solely due to the Uncontrollable Event. 36, City's Riaht to Terminate Aqreement. Failure by Springs, Jessup, and/or Centex to perform each and every one of its obligations hereunder shall constitute a default, entitling the City to pursue whatever remedies are available to it under Florida law or equity including, without limitaion, an action for specific performance and/or injunctive relief or alternatively, the termination of this Agreement. Prior to the City filing any action or terminating this Agreement as a result of a default under this Agreement, the City 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 City prior to filing said action or terminating this Agreement. If thirty (30) days is not a reasonable period in which to cure the default, the cure period shall be extended to a'reasonable cure period mutually acceptable to the City and the defaulting party, but in no case shall that cure period exceed one-hundred twenty (120) days. Upon termination of the Agreement, the defaulting party shall 18 0" :OM r- CDITI o oz :X:C: ::! o -'='N wo tJ10 Q)N Q) tJ1 o "00'1 1)0 Ci)W ITI - W N -..I " , , immediately lose all rights and privileges granted hereunder. IN WITNESS WHEREOF, the parties have executed this Development Agreement as of the date first written above. By: CITY Munic PAUL P. PARTYKA Mayor WITNESSES: ~ " Sa--vuL Cd, ~ ctO/tA aY'Ul J STATE OF FLORIDA COUNTY OF ()(G\"~e ATTEST: By: SPRINGS LAND INVESTMENTS, LTD., a Florida limited partnership By: Euro American Investors Group a Florida general partnership By: Sunbelt Investors Group, Inc. a Florida corporation General Partner A~t By: Date: if!.) wi ()1.. The foregoing instrument was acknowledged before me this 21L- day of .:fuh{(.,O~ ' 2002, by A L. Leetch..,., , ,as S~~!~'^4f.>'l of SPRINGS LA D INVESTMENTS, LTD., a Florida limited partnership, M who is personally known to me, or[ ] who has produced ~ identification. PETER LEERDAM NOTARY PUBLIC, State of Florida Notary Public, State of Florida My commission expires: O~/oll oS My comm. expo Mar. 1, 2005 Comm. No. DD 005830 (SEAL) 19 0'" :o~ r cern o oz ,::C:: 3 o ~r\) WO U10 CJ)r\) CJ) UI o "OO'l DO Ci'lW m ~ W r\) CJ) WITNESSES: ~- ~ ~ (f~ JESSUP SHORES LIMITED PARTNERSHIP a Florida limited' partnership By: Euro American Investors Group a Florida general partnership By: Sunbelt Investors Group, Inc. a Florida corporation General Partner A~dent By: Date: 02/1..0 101- STATE OF FLORIDA COUNTY OF ()ro.Nje; The forej;1oing instrument was. acknowledged pefore me this '20 day of J-eblu().(,J' 2002, by ;. A.L. Ceev dt\{\,) 1 as ~t <s.~~((eof JESSUP SHORES LIMITED PARTNERSHIP a Florida limited partnership, f<J who is personally known to me, or [ ] who has produced ~::ation NOTA PUBLIC, State'of Floricja My commission expires: 03/'D I / oS (SEAL) PETEA LEEAOAM Notary Public, State of Florida My comm. expo Mar. 1,2005 Comm. No. DO 005830 20 Oil ;OM r- CDITI o OZ 7:C: 3 o ~I\l WO tJlO CDI\l CD tJI o 'O(Tl DO (i)W m - W l\) tJ) , , , .. . . -, WITNESSES: 11tJ~ STATE OF FL~IDA , COUNTYOF ~~ CENTEX HOMES, a Nevada general partnership, by: CENTEX REAL ESTATE CORPORATION, a Nevada corporation, Managing General Partner By: ~dl{,~ Patrick J. Knight Division President Date: .,.~ () ~ The foregoing instrument wa~ acknowledged before me this (!) tbday of ~ 2002, by ~ ---:- ~ , as \)~ of CENTEX HOMES, a Nevada general partnership, who is personally known to me, or [ ] who has produced as identification. -'.~ .''i)!~;:'!'''f.(:--. K.B. ROBERTSON ~ ' ?:'! 1,.,. \";~ MY COMMISSiON # CC 923564 ~~:, re.:u.,~ EXPIRES' 'vl~'''h 'J~1004 ~::'j;:-'::"L"'t;(~l ,I ..tv..... : c.. . RI ";;,>/l ~.~~~... Bonded Thru Notary Pubhc LInd. el\'nlt~rs l~~.-~ . (SEAL) NARY PUBLIC, State of Flori My commission expires: 21 Oil ;:0..... r \XJ1Tl o OZ ^C 3: o ~r\) wo UlO (Dr\) (D Ul o "OO"l :DO Ci)W ITl r- W W o :. I .~. . Development Agreement List of Exhibits Exhibit A - Legal description Exhibit B - Townhome plans Exhibit C - Townhome Residential Standards Exhibit 0 - Commercial Standards Exhibit E - Private Entry Street Plans Exhibit F - Entry Feature Plans Exhibit G - Typical building separation detail Exhibit H - Typical 434 Frontage Detail Exhibit I - Typical 434 building elevation Exhibit J - Typical fence elevations Exhibit K- Preferred plant list Exhibit L - Legal description residential property Exhibit M - Legal Description commercial Property Exhibit N- Legal description public entry street Exhibit 0 - Legal description entry feature property 0"" :;eM r !PITI o OZ ^C 3: o ~N WO UlO CDN (Xl Ul o '00'1 DO mw rn .... w w .... , . ' , I ' Exhibit A Legal Description Lots 18, 19,and the east 219 feet of lot 20, south of the new S.R. 434, block 0, Dr. Mitchell's survey of the levy grant, plat book 1 page 5 And also Lot 20, south of the new S.R.434 (less the east 219 feet) block 0, Dr. Mitchell's survey of the levy grant, plat book 1, page 5. Oil %1>-4 r- !;pm o oz ^C: 3: o ~!\) wO U10 CD!\) CD UI o "O(J'I :DO Ci)w m .... w w rv FILE NUM 2002850603 OR BOOK 04358 PAGE 1333 , ; ~-- i . I r-- I I 1 I I J I 1 '~ .. -- -- ; i i I i I I I , I i I ( Pond 1 - - - -., - - - - - - - - - -i ; '.. ,I .':/ -; FILE NUM 2002850603 OR BOOK 04358 PAGE 1335 Exhibit C Residential Development Standards Total land area: 14.2 acres Land use: Townhouse Total units 160 Maximum density: 12,units/acre Property Boundary building setbacks: S.R. 434: Principle building _34' Covered open porch- 26' East Property line: Principle building -10' Covered open porch - 10' West Property line: Principle building -10' Covered open porch - 10' South Property line: Principle building -20' Covered open porch - 12' Minimum Lot size: 1,800 s.f. (20' x 90') Minimum Lot frontage: 20' Minimum building setbacks on lots: Front: 20' Side: 0' Rear: 20' Minimum living area: 1,000 s.f. Minimum Building separation requirements Side to side: 20' Rear to rear: 40' Porch to porch: 24' Parking: 2 spaces per unit. (driveway will be considered as one space.) Minimum setback from parking areas: 5' Minimum setback from private roadways: 10' Landscape buffers SR. 434. Buffer along S. R. 434 will be per exhibit H. West Boundary; no buffer required South Boundary - no buffer required. East boundary - no buffer required. Buffer provided by commercial property 434 Architectural elevations will be per exhibit I . Note; setbacks will be measured from the face of the building not the fascia of the roof overhang. :..~ . ,,' !: i Exhibit D Commercial Development Standards Total land area: 1.6 acres Land use: All uses permitted in the C-1 zoning district & Professional Office Town Center District DesiQn Standards: Town Center District Code includino, but not limited to: 1. All buildinos shall be constructed to the "build-to-Iine", as defined in the Town Center District Code. 2. All buildinos shall be at least two stories in heioht 3. The architecture of all buildirios and structures shaH be oenerallv in keepino with neo-traditional architectural and other des ion standards reflected in the Town Center District Code. aT! ::tl..... r o:lrrl a az ,::c: 3 o ~N wO UtO CPN CD Ul o "00'1 1)0 Ci1W rn ... w W (1'1 ,,' ~ Exhibit E " 24' Paved Road Road Section Shared Entry Access Easement 16'-0" 24'-0" ,l- 'median r~~~Zl rexit lanes , mountable curb 2' Miami Cur '- .....-.-.--',--,-' . I Road Section TYPlca F24'~~~~ate 12'T12' 6 X 12 Ribbon Curb 2' Miami'Curb , Street Plans Private En . Townhouse Project Wagner's Cu~; Springs, Rallls : I -eo i Exhibit F Decorative brick pavers Low shrubs an flowering ground co r _......~-:...........:--' '." -.. .. ......#.~ -. ....--:.~..... ..........- -.,/ Plan View Flowering shrubs and accent plants ,-' v l' Proposed Elevation lEGIBILITY UNSATlSFACTO&V. FOR SCANNING I'~~ ~ \ : Ci1 daly design group inc. Lana Pfannng, Lanascape kchlecllle, Prcyec-t Management, 0eveI0pmenI eonsullO<J 861 W, Ma... Elvd.. s..t. 125, 'IoAnt..- Pori<, AO'1dO 32789 (4071740-7373 En Feature Plans rhomas cay ~~ed~ """"'" ~ # 12:15 Wagner's Curve Townhouse Project 'JlAnter Sprjngs. Raida o~. I'ROJEo:''':'\JQ. 2011a sCALE Not To Seal :';-,2,,'. 10101 '3H:~ 10F1 tJ ~ 2 story building -~ ~ ........ -" ........ ~ .-C=- .. 20' Building Setback 40 0" Minimum Principl ~ Bldg separation ~ Covered Porch ~ ~ ----- I -- - 24' 0" Min. Porch Separation ~ /'- 4' Sidewalk Wa~el'8 Curve daly de6ign group ino, G't',~r.~~~~;~;::.::~Jro""'~ooa ~o D.','U1,"' S, " 'D11'W N ..,1.::1 Typical Building Separation Detail Exhibit G ~ 'l -\ - street tree 40' o.C. 26' / ornamental light post ... 34' Principle Bldg setback 2 story building -~ 6' brick column 80' o.c. Decorative Aluminum Fence low shrubs and flowering ground cover existing 5' sidewalk ~ stairs to 2' raised porch right of way ~ 1~ 20' Landscape Buffer I 5' ~~- 7' 8' .. SR 434 , approach porch Wagners Curve dely design group ino, LMr.o;"_~Laoctl(tpe''''rt"",IK't#'.''/(ft'C''''~~Cc.r..LbU 116\ w M<otuflIYlI.S...I. '2~.WI"'tlP.ro..FtonQ!21iB ~1)1.;D.nn IJlolc' 10'111 ll.CIl.I.., 14'" 10 !IoClooi, JC/LI It", i;'ull~ Typical 434 Street8cape Exhibit H ~ ~090~92002 WnN 3/13 '.';~' . " '~..-~j -: .,:.l '"_...." ....":.. .' <!" I",: . ~. :.~., " . - rnm 0 ~ 0iBl0 D, b 0 ~~~~~~~~-":~~~.'~= ( P r-l'D Ii 0 '-j ii" II '-j !1 I 1.'-' I~: t; II ~,u. .~ r I FILE NUM 2002850603 , OR BOOK 04358 PAGE 1341 o D m '1=--'-'--'-'---' - --.-. - -- _?o;~g~~t:~=-'- ==,~-----~'~~ ~"'::::~~:-=Cc::'.c=:,-,:::::,___:= ~ ~.-:,.,:?",.-,jE-T'::"<::~t;~~~:~i . -' ....- ~~ I I ! ; ~u :::::-~~ .-.-.:=::~~:':~~=:".;...-~-- ~ ~.="'--:'=.:...:-'::2-=' I D,' r q, : , l IllIT1flU. Wagner's' Cllrve Townhouse Proj ect 434 Frontage Elevation daly design group inc. lanet Planning. lil/JCocape ArehItec;/lII8. Proj<</ Management Ct>.t>lopmen/COIl$utting 861 W. MOD8 61'v<J.. Suite IZS. 'Mr.tt>t Park. Floncla 327a9 ('07] 740-1313 Oate: 07101 Scale. Not to Scale Job No.: 2011 a II rn ~ .... -- "__ ___. ____.....u. __. __._ _~.___ ,~~~.==-~~~~~;~~~ ITID :: L1,. I Ir=;;[ I,r .. I. , u ~I . lWllI~n:iin~! . ~ . ..- .. . & 0-. Exhibit J -- Ball cap on 2" post 8' o,c, -- Press point finial Brick Column not less than 50' o,c, \ \ "i?nnp ! ! l ! I ~ i I I I I i I i I I I I I I I PVC 3 rail fencing West & South property fence u.G1BlLlTY UI~SATlSFACTO&i., , OR SCANNING ) daly design group inc, Land Planning,' Landscape Archttecture. Project Management, Development Consulting 861 W, M<lo-... Blvd, Su'e 125, 'Nfl1or Po"" Flom,. 32789 (407) 740-7373 Tical Fence Elevations Wagner's Curve Townhouse Project WnJer Spnogs, Florida ThomalClEl'r' fl...;pslllred Llodscapt _.a Reg. # 1235 aolfl' I Q d 1 \ I '''roW!:' SCALE Not to Scale OAT!' 10101 ,~ 1 OF 1 ." M r- rn z c: ~ ro o o ro CP Ul o Cfl o w . . . l I " , . . .' \ 't' .. 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S' ..f.-I S 2CO.00 S 4CO.OC S 200,00 :;'.rr.C"! al1 ~an p'alm ~.s ~al., S' ~1 S 250,00 S s.:a.~o S 250,00 C.-ir.~'S~ ::111 Palm is ,;~I., 6' 5-t S Z 5v;O 5 SC(j,:~ j !~O~~O' ':.1-"1;'"' :s:.nd Olte ?11m ~ ) .~al.. a' . . s 2)i),C() S !CQ,CO S 2:0.0C ;,. , Cl~~ ?Jtrr.. P. cUC:yfir~rJ 5 S 'Jat. S' S-I ~ 2SJ.OO s SOr.l. ':0 5 250.00 '.'"rjr.'lll; ;: aim 55 gal.." . 5-~ 5 3oJO,OO S SCC,CC oS 2IJC.CO SJ';O as o'a/., 4". 5-1 S 250,00 S 5oo,CO s 250.Ca Lil;H G~m Magnolia es gal.. !' 5-1 5 250.00 S SOOoo , oS 250.00 Oil ;:0..... Scar.~n ..iuniper "i5 gal.. 5' 5.\ 5 2S0..~O oS 500.00 S 250.CC r rJf';lcsJ Juniper 035 'J31.. 5' 5-1 ,5 250,00 S S.:JQ, 00 S 250,0( O'rn \ 0 'J.;,.,~.)" ~oll'l '5 S ~31..1 0'x4';r.1' 5-1 S ,25,00 S 5CO.OC S 2i5,O< OZ ^C '_ : ~ ":),1A. ~ S ']al,. 1-4')(5'x r ~I S JCC CO S S':O,OC S 210.0(' ::i ,", :--.;~.-: ,:rm .; 5 ~3L.l2'kSrlI/2 ... t S 225';0 S .&':0 '=0 S 1;5,00 0 ~ru =~; '.1:,,1 ~ ~ j ~al.,l2'x":c.2I;'2 "'.1 S 2!S :0 S ,&:0 :0 3 : :-S,Crl I WO UlO OH\,l CP Ul 0 "00'1 e:XKIBIT -p::" DO Ci)W rrJ .... lEGIBILITY UNSATISFACTORY w ~ fOR SCANNING - ~ rl l I I .1.~ L~. .. Exhibit L Residential Property Legal Description A Portion of Lots 19 & 20 Block D I 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. Being more particularly described as follows: Begin at the southern comer of said lot 20 block 0, thence N 83008'18" E Along the southerly line of said block 0, a distance of 954.17 feet; thence departing said southerly line N 06051 '42" Wa distance of 125.00 feet; thence N 51051 '42" Wa distance of 80.00 feet'; thence 06051',42" W a distance of 50.00 feet; thence N 25024' 17"E a distance of 175.49 feet to the southerly right of way line of state road no. 434 per F.D.O.T. right of way map section 77070-2516 dated 12/10/98 and to an arc of a circular curve con caved southerly having a radius of 2685.00 feet and a chord bearing of N 74054'50" w thence through a central angle of 22045'19", westerly along the'arc of said curve a distance of 1066.36 feet to the westerly line of aforesaid lot 20 block 0; thence S 06013'08" E a distance of 775.96 feet to the point of beginning. Oil ::0..... r CD'" o OZ AC :3: o .fI'N wO UtO CDN CD Ut o 'O(Tl DO cnw ", .... W .fI' Ut ,J I I I J t.i -II' , , EXHIBIT M Legal description commercial property DESCRIPTION: (PARCEL 2) A PORTION OF LOT 18 BLOCK 0, 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. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCT AT THE SOUTHWEST CORNER OF SAID LOT 20 BLOCK 0, THENCE N 83008'18" E ALONG THE SOUTHERLY LINE OF SAID BLOCK 0, A DISTANCE OF 954.17 FEET TO THE POINT OF BEGINNING; THENCE N060~1'42" W A DISTANCE 125.00 FEET;THENCE N 51051'42" W A DISTANCE OF 80.00 FEET; THENCE N 06051'42: W A DISTANCE OF 50.00 FEET; THENCE N 25024'17" E A DISTANCE OF 175.49 FEET TO THE SOUTHERLY RIGHT OF WAY LINE OF STATE ROAD NO. 434 PER F.D.O.T. RIGHT OF WAY MAP SECTION 77070-2516 DATED 12110/98 AND TO AN ARC OF A CIRCULAR CURVE CONCAVED SOUTHERLY HAVING A RADIUS OF 2685.00 FEET AND A CHORD BEARING OF S 57010'29" E; THENCE THROUGH A CENTRAL ANGLE OF 12043'23" EASTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 596.22 FEET; THENCE S 83008'18 W A DISTANCE OF 495.00 FEET TO THE POINT OF BEGINNING. LESS: LEGAL DESCRIPTION (ACCESS PARCEL) , A PORTION OF LOT 18 AND 19, BLOCK 0, MITCHELL'S SURVEY OF THE LEVY GRANT, ACCORDING,TOTHE PLAT THEREOF, AS RECORDED IN PLAT BOOK 1, PAGE 5, OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF SAID LOT 19, THENCE N 83008'18" E ALONG THE SOUTHER~ Y LINE OF SAID LOT 19 FOR A DISTANCE OF 954,17 FEET TOTHE POINT OF BEGINNING; THENCE THE FOLLOWING COURSES AND DISTANCES; N 06051'42" W FOR A DISTANCE OF 125,00 FEET; THENCE S 51051'42 E FOR A DISTANCE OF 91.92 FEET; THENCE N 83008'18" E FOR A DISTANCE OF 140.71 FEET; THENCE N 33004'40" E FOR A DISTANCE OF 154.84 FEET TO THE SOUTH RIGHT OF 0" :;OM r tDm o oz ~c ~ o .j:-/\) WO UlO CD/\) CD tJI o '00"1 DO Ci)W m ... W ~ 0"1 .. I \ l .;.1 -:. -:.' " WAY LINE OF STATE ROAD NO. 434 PER F.D.OT. RIGHT OF WAY MAP SECTION NO. 77070-2516, DATED 12/10/98 AND TO AN ARC OF A CIRCULAR CURVE CONCAVED SOUTHERLY HAVING ARADIUS OF 2685.00 FEET AND A CHORD BEARING OF S 53035'48"E; THENCE THROUGH A CENTRAL ANGLE OF 05034'00" SOUTHEASTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 260.87 FEET TO THE SOUTHERLY LINE OF SAID LOT 18, THENCE S 83008'18" W FOR A DISTANCE OF 495.00 FEET TO , THE POINT OF BEGINNING. CONTAINING 1.60 ACRES +/- 0" :;0 tool r lXlrn o oz ,::C: !! o ~N wo UlO CPN CP Ul o E~ cnw rn ... w ~ '-I I .1 .. . ;.. ~. .r~ . . Exhibit N I I I , , I , , I I \ , _10 ~,~ ...,... gIg I \ p.O.B. I~~ ~~.. - ~~--~- - I --- 1 y~~uns.~__~--:;;-~-- I _--- '!:~"'~"_ - -- - -r ra.a.t. - -. ~---.ca. ~I~ OF COMMEN9EMENT , ' ~Pfi \ LOT 26 a.aat D , LOT 27 \ , I --- --- --- LEGIBILITY UNSATISFI\CTO~ , FOR SCI\NNING LEGAL DESCRIPTION (ACCESS PARCE1.:~8): A PORTION Of LOT 18 AND 19, BLOCK 0, WITCHEl..1.:S SlJR'wt:Y OF n-fE LEVY GRANT, ACCORDING TO n-fE PlAT THEREOf, AS RECORDED 'IN PLAT BOOK I, PAC[ ~ OF n-fE PUBUC RECORDS OF SEl.lINOlE COUNTY. flORIDA. . BEING MORE PARTICULARY DESCRI8f:DAS f0l.1..0WS: COWUENCE AT n-fE SOU'THM:ST CORNER OF LOT 20, BLOCK D, 'THENCE N8J"08'I8'E ALONG THE SOUTHERLY UNE OF SAJO LOT 19 AND 20 A DISTANCE OF 954.17 FEET; THENCE LEAVING SAID SOU'TH UNE RUN N06'51'42'"W A DISTANCE OF 18.00 FEET TO n-fE POINT OF BEGINNING; n-fENCE CONl1NUE N06'51'42"W A DISTANCE OF' 12~00 FEET; THENCE RUN n-fE F'OUOWNG COURSES AND DISTANCES 551'5I'42'E A DISTANCE OF 91.92 FEET; n-fENCE RUN N8J1)8'I8"E A DISTANCE Of' 140,71 FEET; n-fENCE N 3.3"04'40' E A DISTANCE Of' 154.84 FEET TO n-fE SOUTH RlGiT-Of'-WAY UNE Of STATE ROAD NO. 4.J.4 PER F.D.O. T. RIGHT-OF-WAY MAP SECTION NO. 77070-~18, DATED DECEMBER 10, 1998, SAID POINT ALSO BElNG AN ARC OF A ORCULAROJR'wt: CONCAVE SOUn-fEASiERL Y HAVING A RADIUS OF 2885.00 FEET AND A CHORD BEARING OF S5~'26'27"E; n-fENCE THROUGi A CENTRAl ANGLE OF 01~2'4J. RUN SOUTHEASTERLY AlOHC THE ARC OF SAID CUR'wt: A DISTANCE Of lS8.04 FEET TO A POINT ON n-fE SAID SOU'TH R1GiT OF WAY UHf, THENCE LEAVING SAID SOUTH UNE RUN S51'S8'2S"W A DISTANCE Of 22.57 FEET;THENCE SJJ'21'~"W A DISTANCE: OF 75.1a Fn:T TO THE POINT OF CURVAl\JRE OF A OJRVE CONCAVE HORn-f~Y HAVING A RADIUS OF 100.00 FUT AND A CHORD BEARING OF ' 558,,'04"W: THENCE THROUGH A a:NTRAi. ANaL Of 48"048'28'" MlH 90UlHEASlERLY ALONC THE ARC OF SAID CUR'wt: A DISTANCE OF 88.87 FEET; TO THE PONT OF TANCENCY 'THENCE S83'tle'18"W A DISTANCE Of 22e.8J F'EET; TO THE POINT OF BEGINNING. CONTAINING 0.'" ACR!:S% O"Tl ;0.... r- O:HTl o OZ ,::C :3 o ~N wo UlO QH\) CD Ul o "00'1 DO (i)e,." rn .... w ~ CD . (:, ~ -' . . "'.',.. "--... ...' I ~ : IIIlllU 1111I11 UI U Ih 1111" lllll , EXHIBIT 0 Legal description entry feature property ,'..1 ;,' f: ,(j)i :1r~i' !'I t1'i: II T:':): LEGAL DESCRIPTION (ACCESS PARCEL): A PORTION OF LOT 18 AND 19, BLOCK 0, 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. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF SAID LOT 19, THENCE N 83008'18" E ALONG THE SOUTHERLY LINE OF SAID LOT 19 FOR A DISTANCE OF 954.17 FEET TO THE POINT OF BEGINNING; THENCE THE FOLLOWING COURSES AND DISTANCES N 06051'42" WEST FOR A DISTANCE OF 125.00 FEET; THENCE S 51051'42" E FOR A DISTANCE OF 91.92 FEET; THENCE N 83008'18" E FOR A DISTANCE 140.71 FEET; THENCE N 06051'42" W FOR A DISTANCE OF 45.60 FEET; THENCE N 33004'40" E FOR A DISTANCE OF 120.00 FEET TO THE SOUTH RIGHT-OF- WAY LINE OF STATE ROAD NO. 434 PER F.D.O.T RIGHT-OF-WAY MAP SECTION NO. 77070-2516, DATED 12/10/98 ANDTO AN ARC OF A CIRCULAR CURVE CONCAVED SOUTHERLY HAVING A RADIUS OF 2685.00 FEET AND A CHORD BEARING OF S 53054'32" E, THENCE THROUGH A CENTRAL ANGLE OF 06011 '29" EASTERLY ALONG THE ARC 00 SAID CURVE A DISTANCE OF 290.14 FEET TO THE SOUTHERLY LINE OF SAID LOT 18; THENCE S 83008'18" W FOR A DISTANCE OF 495.00 FEET TO THE POINT OF BEGINNING. CONTAINING 1.09 ACRES +/- 0'" ;0..... r tDm o oz ,::C 3: o ~N WO UlO Q)N Q) Ul o "00'\ DO ClW m ~ W ~ 1.0