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HomeMy WebLinkAbout2001 07 02 Regular A Phase 1 of Town Center ProjectCOMMISSION AGENDA ITEM A JL,1;?, ~nn~ Special Meeting REQUEST: Consent Informational Public Hearin Re ular X )~ Mgr. / Dept. Authorization City Manager requests the Commission discussion Of Town Center, Phase 1 By Developer Shane Doran. PURPOSE: Developer Shane Doran.will discuss matters with the Commission regarding Phase 1 of the Town Center project. COMMISSION ACTION: ~~~ ~ ~ ' } ~~~~ ~, ~i~ ~,~ '.~;. ~~~~~~ tiff[ INFORMATION fOTAIyHI III UIN ,~_F_ 197, 71105. P. nv,mn RErnuxxFlL'El lea,aoo Runuxl I_1FKINC ~ 6NJ $IALlS (201- I'UIILI% FICLOI (JBI - RLinll.« )EI9CE1 I'ARKINC RA I'ICI. PUfl1X is sinus RER loon s.F.l = 2za Rrrnluol DICE U STALLS PCR 1000 S.F.I = JGJ 6 6 I RETAIL I STORY B 9,000 S.F, ~OP~ ti ~L~' ~ 1 D~~QP ~ ~ G~. t` n ~ ~ \4`r (a ,~ 0.[1 ~o0'f ~ is \ \~, \ ~ + 5 0~4 ~S 4F\UC ~9j~S\ I! S.F. 3, 0 'SF (ISORY I I ~1 ~, / / s~ d I, / I T Y R[TAII I'ST0 ~~ ~'T ~ J;t70pd F y ~~/~//r/~~ / ~ - . l . _.. 12. ' I I { 'a I 6 r 5 VUUCIk b -F 6 '~ ~-~ 41;000 S:F. I ~ ^ ~-1 J ETAIUOFF E ~ I ,,000 S.F. . yb 4 ~ I STORI' ~ ~ r ~T5 5 ~ .J ~ i i i // Nm ~o~ ~ ,~ P T ~ va 1) 4 N'o7 `ra.0 po -,~ i6 RFT 1 RY ~ 9 x 7.50 '.. / WINTER SPRINGS TOWN: CENTER CONCEI'TIB. LS3R.ASSOCIATES LTD. 11003-000540.03 ' 61t 9/01 1 /m .'( J~ r0 O b ~n y N Q a `~ 1 5 0 0 o v o r--In d ° v 4 0 0 o V u ASHIhGTON I1 MUTUAL ~ RETAIVOFFICE I STORY Q RETAIL l STORY IB,&SO S.F. 5,2505. F. 8,000 S.F. ~ la p \ YO \ 6 SANFOR~ - OV(EDO ROAD. - (STATE ROAD - 4341 r--- J Io :5 5D loo ctj Sent By: BROVdN,tvARD,SALZMANBWEISS,P.A.; 407 425 9596; Jul-12.01 11:30AM; Page 1 Brown, Ward, Salzman c~ Weiss,l'.A. 12.5 first Rohinsun Street - Sui1c 66A ' Pott OJjice Box 2X7,1 Orlando, Florida 32802-2873 (407) d2S-%S66 (!0?} d25-9596 Jax ugarganc,ce~urlandnlaw, ne[ Dare: July 1 ~, 2001 To: And~•ea Lorenzo-Luaces, City Clerk City of Winter Springs Fax: 407-327-4753 Fron:: Kathy Johnson for Anthony A. Garganese, E.s y,, City Attorney Pages (including this one): File: 1193 I. f there are any guestivrr,s regarding this fczx, please call 407/425-9566. 1'hLtJizcttrnrlerntssa¢zisuf[rarrey/diepfprlv!(rRedmartrialandis,acturdingly,ca~den![a[, ThinmecrageiS[ntoru[edunlyfarrJk/ndi~idualnr entity nwnrd ubuve. Ijrhe retetver ojthtr merrage is not the wended rrc~pienr, rlease be advlssd /lrarmty dirrt'm/nuiiun, di.etrihwion, ur copying oflhwcamrnuxicarinnts,tt~lctlyprolribired. /Jynulruvrrecrivrdihisuwnnnooicoliantrttrror,p[rueennq%j~usbytelephaneimrnerifate[yundrerurn the urigine/ mearage to archer above addrGav wo the U S. Mail. I7rarrk you. COMMENTS: Attached is copy of document presented at July 2, 2001 special meeting. JUL-12-2001 11 33 407 425 '9596 94i P.01 Sent By; BROWN,WARD,SALZMANBWEISS,P.A.; 407 425 9596; Jul-12-01 11:30AM; /Page ~p eJ 1~'IRST 1~1t7T)TFiCATION OF' AGREEMENT A l+~irst ivtodification of Agreement made and entered into as of this clay of July, 201, by and between JDC CALHOUN, INC., a reorgia corporation, (hereinafter referred to as "JDC"); and the CITY Of W1N"fER SPRINGS, a municipal corporation existing under the laws of the State of Florida (hereinafter referred to as the "City'"). RECTT ALS WHERF,AS, JDC and the City previously entered into that certain Agreement dated as of August 1, 2t)p0; and W-HEREAS, JDC and the City desire to modi fy the terms and provisions of such Agreement. NOW THEREFORE, in consideration of the terms and conditions set forth in this Fist Modification of Agreement, and other good and valuable consideration, the receipt of which is hereby acknowledged by the parties, the City and JDC a~ee to the following: 1. The provisions of subparagraph III. (c) and other provisions of the Agreement pertaining to the l O,OOU square foot building which is contemplated to be constructed on the comer of State Road 434 and Main Strcct are hereby modified to memorialize the recent agreement of the parties that JDC shall have a period of up to eighteen (18j months after JDC;'s closing on the JllC Property within which to commence construction of such building on the corner of State Road 434 and Main Strcct. The City acknowledges anei cnnfirn~c that the permits, certificates of occupancy and other permits for development of other portions of the JDC Property will not be withheld or delayed during the period prior to JDC's cornmcnccment of such construction on the corner of State Road 434 and Main Street. 2. The provisions of the Agreement arc hereby Codified to memorialize the recent understanding; and agreement ol~the parties that the City has no objection conceptually to the construeti4ti of a fast food restaurant Zgcat~ti internal to the site in the vicinity of the roundabout. JDC acknowledges that the precise configuration and other details relating to the proposed fast food restaurant must be reflected in a site plan and other submittals required under the City Code with respect to which final City approval(sj must he obtained prior to commencement of construction. 3. The provisions of this Agreement are hereby further modi tied to memorialize the recent agreement of the parties that the roundabout depicted on the Conceptual Sitc Plan w~l contain a water Iount<~in or similar water feature. 4. The provisions of the Agreement are hereby further modified and amended to memorialise the agreement of the parties that as of JDC's closing of the purchase of the JDC Property, the City shall be fully obligated to construct, at~.its cost and expense, the Main Page 1 of 4 JUL-12-2001 11 33 407 4?5 9596 9ai P.OZ Sent By: BROwN,4~~ARD,SAL2MAN&wEISS,P.A.; 407 425 9596; Jul-12-01 11:31 AM; P2ge 3 Street Improvements, Hickory Grove Park Bi,ulevard, Hickory Grove Park North/Sottth Extension Street together with the facilities and improvements serving the JDC Property for sa~litary sewer, potable water, anti stormwater, al] as more specifically described in the Agreement.I:7~esieri~oti~neerittut7enmittn~.and„_:constrtretlo~„Qfeachitemofinfira5tnicture ..... shall be.corn~leted ~ by the.resp~etive;dste.'°•~- ~'~~-- •'~~ ~~• aet forth=in Schedule T~: _... ._ attached.hereto a'rrci~:iridor-poiateti-h'eteti~ b~ thts re~gre~oeFurther, with respect to potable water, sanitary sewer and stormwater improvements serving the JDC' PrnPerty, the City agrees to furnish JDC in writing [hc dcsigmatcd connection points at the pcnmcter ofthe 1DC Property (which may be fully relied upon by .TUC in connection with its site plan, binding commitments with JT)C's tenants and all other matters) not later than fifteen (15) days after the effective date of this First Modification. 5. JT)C represents that it is JDC's intention to acquire the parcel owned by the Kingsburys located at the comer of Main Street and Hickory Grove Park Blvd. and in connection therev<<ith, the City agrees to process JDC's development permit applications in good faith and in a prompt, diligent manner such that development may be coordinated with devclap~r-cml un the JDC Property. C>. The City and JDC acknowledge Thal following the execution of the Agreement, it has been determined to the best of City's actual knowledge that the permitting through the St. John's River Water Management District ofthe on-site storniwater collection system should be routine and with no known practical risk of denial or the attachment of unacceptable conditions and, therefore, the parties hereby agree that the provisions of subparagraph IV(d} are hereby deleted. 7. The City acknowledges that JDC has made the clcctions described more particularly in subparagraphs III(g) and VTi(c). Said election provides for diagonal Parking along Main Street and Hickory Crrove Blvd. and true copies of such elections are attached hereto as F IYlodif cation Exhibit "A". Paragraph VTT(a) of the Agreement is hereby xmcndcci and restated as follows: JDC agrees that not later than twenty (~0) days following the closing of JDC's purchase of the property, JDC will convey to the City fee simple title to: (i) the Market Syuare Parcel and (ii) the eleven (! l) foot wide strip of land needed for right-of--way and other municipal purposes as legally described on Exhibit "C" of the Agreement. Further, JDC shall effectuate the conveyances contemplated in .Paragraph 7 of this First Modi (ication in the saute instrument. of conveyance, which the parties agree shall be a Special Warranty Deed. ,TDC ack~,owledges and confirms that such conveyances to the City shall be ll'CC of mortgages, liens or other matters which would ttnrcasonahly interfere with the City's ttse of such strips of land for the uses intended therefor as contemplated in this Agreement; provided however; the City agrees that it shall be the City's responsibility with respect to power lines and/or other. utilities within such areas deeded to the City to coordinate and pay Pabe 2 of 4 JUL-12-001 11 33 407 4Z5 9596 95X P.03 Sent By: BROWtJ,VJARD,SALZMAN&WE?SS,P.A.; 407 425 9598; Jul-12-01 11 :31 AM; P2ge 4i9 for the relocation ofthe same underground and the City acknowledges that any such existing power lines and/c,r other utilities within the deeded area shall not be a basis for objecting to the condition of the title to such strips of land. 9. The City acknowledges that because of'everits beyond~its coritin ; it has been delayed in the pc-n„fitting of the portion of the master stormwater management system intended to serve the portion of the JDC Property labeled the "East Basin" on the sketch attached hereto as ~irs;tlvi#di,ficati.on Exhibit "~". Therefore, the City and JDC agree that Phase I will be .. widertakcn by JDC in tvvo steps, the first step involving the portion of Phase I><4 labeled the "West Basin" on the sketch attached hereto as first' ~lificatiori Exhibit "l~" (ul'hase iA"j and Step 2 involving the portion of Yhase I$ labeled the "Last Basin" on the sketch attached hereto as Firsx;;Md$.i;fis.atioh Exhibit `'B"("Phase 1H"). JDC desires to commence Phase 1A development at the earliest possible date after the City has satisfied its obligations under the Agreement, as amended hereby, and the City agrees to use its best efforts to expedite satisfaction. of such obligations. 3espeet-€' ~ats~hex-tl ,• t$-een ie3}-s~the l~-~et:e ke-E i~y~is-fat~eed ~ b } 7~TI y vl 10. In consideration of the foregoing provisions, JDC hereby (i) waives its right of termination in the event JDC is not successful in securing a drugstore anchor (the right of termination in connection with the grocery store anchor is not waived); and (iij JDC agrees that i,~ the 6,000 square foot building and 10,000 square foot building cruss- hatched on the copy of the Conceptual Site Plan for Phase 11 attached hereto as Firs ~ , Nlodficff fora Exhibit `'~":shall he constn~eted in Pltase I. ~'lte_darties`aGknn..w_le ' ~:,anci ._ .. ~'ee~kl;~t'the 6,Op0 Sq~re~ of burldrn and the 1f) t)00 square foot building shall be c anted for urvoses ofa }tcation f e 45-UOa sguara foot-tlireshald a5 nrov=ided'in subg~ra~ranh p pP o th IJIfe) ofahz Ag~~ement _ _ . . 11, Thy '4bl~ation of the ~ity under this Eir~t Modifieati.on of A1~reement shall be .......... . _.. Conn]taoned upon-JDC closinQ~pn tlie;purchase oftl~e :IIDC Property I2. All terms of the Agreement behveen the parties, dated Augltst~l : 2AQQ, shall remain in full force and effect, to the estcnt not modified by this First Modification Agreement. Page 3 of 4 JUt_-12-2001 11 33 40? 425 9596 95i P.04 Sent By; BROWN, WARD, SAL2MAN8~NEISS,P.A.; 407 425 9598; Jul•12.01 11:32AM; P2ge 519 The uarties ac ~ Qwle~~e that in acco ance w iP Town Centgr Distnct 'odes the Conventual Site Plan which ~S-attached hereto as First~Mttdaf~cation~Lxh~b~t "D' hay te~eivcd pr~el',~narv i~pp~Cival lav the Devclo~,~t Review Comrmttex~ Saiel a , oval ski-all b© sttbl to rth ~ - .. T~~_~ ~ revrcw and ~arov 1'under the Tawn Center Pz_stl'i~t Cprie: . HAS REQUESTED'fHAT INF., CITY COMMISSION CONSIDER PRRT.,IMINARY APPROVAL AT THE JULY 2, 2001 MEF,TING.~ Th~tty~has~scquireil Hick~`~rvC~roye Parlt`Bouleva_rd-ar-tl Hickoiy Crro~ Park 1Vbrtti/South E~ten~ioa~St['~et ,~~ierefore •~Pafa~ianti V~b); be~imm~~<w-Ih.the third seritence~:thert:ih : is her~y:~d~le4ed inn=its: dntire~y 15: ~V'ith respect to`the notice nrQ~slons costa;ned to the last full nara~aAh of Section ...... VI of t e~:Al,ent t~-~Clty wa~~ves the notice of JDC`'s :sckieclt~Icd `cansiruction co tneiice a c. o~f th : - c .. stove choir.:. T . ~ o , ed ~ the s . ch :waiv .. ...-. - .. , Shall ztot relieve~JDG from its abli~Ation,s to provide sdekt nofiee wjlh~resnoct-to tt~e ~iru~ _ .. ..... ~e ;anc~r:and`. Pha4e.:fi1:; IN WITNESS WHEREOF, JDC and the City have executed this A~reernent in form sufficient to bind them as of the day anal ycar first above wri:ttcn. Wl'1'NESSES: JDC CALHOUN, INC., a Georgia corporation By: Shane Doran, Vice President Name: Namc: CITY OF WINTER SPRINGS, a Florida Municipal Corporation By: Paul P. Partyka, Mayor Namc: Name: F:'~DOCS~fin•.it w'inio 5unnci~tyrcrnmmavix: r.l~uyiq ,~rmrm v.US (pp.1j Page 4 of 4 JUL-lZ-2001 11 33 40? 4Z5 9596 94X P.05 Sent By: BROWN,WARD,SALZh9AN&WEISS,P.A.; 407 425 9598; Jul-12-O1 11:32AM; Fiisf i~]udiGcalion ~ •- ~ ~~ '' ~ ~ ~, K •~• o~~Y J 'VrMIh ~ . ~ -~~L ~ ' ~ ~~ \\ ~~ a ' ~I d ~! ;~ ~ i ; :.' \ i ~~ i ~! I ~~~; i j I' ° :~ r .`., ~1 I ~ ', ~~ II ., ~ -- . j 'I ' ,+7 ~ i ~ • ~ 9 . 1r~11 j i ` f ma ~' ,' ~ ' ~ , Y' ' \ v . ~ I ~ \ , ' , ~; ~ , ~ ,. ~~ r .... ~~ '~ Page 8l9 i jj „ ~~ , Z. ~ \ r , .~ ~-r ~ :;;. _ ~ , t 1, ,,,f c t t / - ~ / Y`~' , Q ~-: j _R-_~~~6I! ~ _ ~~-~ I TUSK/11MLLA 9LYD 6 SR •3~ roc cuwotnt. Nc, ...r-~~- = ~` 1MtrRER S~RInQS. R __ -~~ ~ PN~SE + STOautir~rta vu,~ ~ ®® ~^`~i`..... '~~~~ + JiJL-12-2001 11 33 407 425 9S9b 94i P. 05 Sent By: BROWN,WARD,SAL2MAN&WEISS,P.A.; 407 425 9596; Jul-12-01 11:32AM; Page 719 First Modification of Agreement Exhibit List 1. Exhibit "A" - JDC elections under III(g) and VII(c) 2. Exhibit "B" - Stormwater Basin Sketch 3. Exhibit "C" - 6,000 and 10,000 square foot buildings 4. Exhibit °D" -Conceptual Site Plan JUL-12-2001 11 33 40? 425 9596 94i P.07 Sent By. BROWN, WARD, SALZMANS~WEISS,P.A.; 407 425 9596; Jul-12.01 11:32AM; SCHEDULE1 Main Street Improvements Design/Permitting Commence Complete 6!26/00 11!01101 Bidding Commence Complete 11/15/01 1/15!02 Construction Commence Complete 2/15/02 9/15/02 Page 6i9 Hickory Grove Park Boulevard and Hickory Park North/3outh Extension Street Design/Permitting Commence Complete 1 /OS/01 9130/01 Bidding Commence 9/30/01 Complete 11/15!01 Construction Commence Complete 12/15/01 7/01 /02 1 JUL-12-2001 11 33 407 4~5 9596 94i P. 08 Sent By' BROwN,WARD,SALZh9ANE~WEISS,P.A.; 407 425 9596; Jul-12-01 11:33Ah9; Page 9%9 Stormwater Improvements Phase 1A (West1 Phase 1 B (East DesignlPermitting DesignlPermitting Commence Complete Commence Complete 1 /08/01 9/30/01 6/26/00 11101 /01 Bidding Bidding Commence Complete Commence Complete 9/30/01 11/15/01 11 /01101 1 /15/02 Construction Construction Commence Complete Commence Complete 12/15/01 7/15/02 2/15/02 9/15/02 Public Sewer Service Phase IA (West Phase IB (East) Design/Permitting Design/Permitting Commence Complete Commence Complete 1 /08101 9/30/01 6/26/00 11 /01 /01 Bidding Bidding Commence Complete Commence Complete 9/30/01 11/15/01 11 /01 /01 1 /15102 Construction Construction Commence Complete Commence Complete 12/15/01 7/15/02 2/15/02 9/15/02 Public Water Service Available for immediate use with sufficient pressure and flow. 2 JUL-12-2001 11 33 407 425 9595 94i P.09 FIRST MODIFICATION OF AGREEMENT A Ffirst 1`rlodification of Agreement made and entered into as of this day of Juiy, 2001, by and between JDC CALHOUN, INC., a Georgia corporation, (hereinafter referred to as "JDC"), and the CITY OF WINTER SPRINGS, a municipal corporation existing under the laws of the State of Florida (hereinafter referred to as the "City"). RECITALS WHEREAS, JDC and the City previously entered into that certain Agreement dated as of August 1, 2000; and WHEREAS, JDC and the City desire to modi fy the terms and provisions of such Agreement. NOW THEREFORE, in consideration of the terms and conditions set forth in this Fist Modification of Agreement, and other good and valuable consideration, the receipt of which is hereby acknowledged by the parties, the City and JDC agree to the following: ~~ ~~„x,..~ 1. The provisions of subparagraph III. (c) and other provisions of the Agreement 3 v .L,.yo ~' pertaining to the 10,000 square foot building which is contemplated to be constructed on the 'f~ corner of State Road 434 and Main Street are hereby modified to memorialize the recent agreement of the parties that JDC shall have a period of up to eighteen (18) months after JDC's closing on the JDC Property within which to commence construction of such building on the corner of State Road 434 and Main Street. The City acknowledges and confirms that the permits, certificates of occupancy and other permits for development of other portions of the JDC Property will not be withheld or delayed during the period prior to JDC's commencement of such construction on the corner of State Road 434 and iVlain Street. ~ 2. The provisions of the Agreement are hereby modified to memorialize the recent understanding and agreement of the parties that the City has no objection conceptually to the construction of a fast Food restaurant located internal to the site in the vicinity of the roundabout. JDC acknowledges that the precise configuration and other details relating to the proposed fast food restaurant must be reflected in a side plan and other submittals required under the City Cade with respect to which final City approval(s) must be obtained prior to commencement of construction. 3. The provisions of this Agreement are hereby further modified to memorialize the recent ~~ agreement of the parties that the roundabout depicted on the Conceptual Site Plan will contain a water fountain or similar water feature. 4. The provisions of the Agreement are hereby further modified and amended to memorialize the agreement of the parties that as of JDC's closing of the purchase of the JDC Property, the City shall be fully obligated to construct, at its cost and expense, the Main Page 1 of 4 Street Improvements, Hickory Grove Park Boulevard, Hickory Grove Park North/Sotith Extension Street together with the facilities and improvements serving the JDC Property for sanitary sewer, potable water, and stornlwater, all as nwre specifically described in the Agreement. Desi~rt en~ineerin~, permitting, and constniction ofeach item of infrastructure shall be completed nef by the respective date '~'~~-cl~Trt;7e-d~rtes set forth in Schedule I, attached hereto and incorporated herein by this reference. Further, with respect to potable water, sanitary sewer and stormwater improvements serving the JDC Property, the City agrees to furnish JDC in writing the designated connection points at the perimeter of the JDC Property (which may be fully relied upon by JDC in connection with its site plan, binding commitments with JDC's tenants and all other matters) not later than fifteen days after ~ ? the effective date of this First Modification. -~a ~v5 r_,,t ah ' t~,,c' S. JDC represents that it is JDC's intention to acquire the parcel owned by the Kingsburys ~~`' G~MQ,f~° ~~ located at the corner of Main Street and Hickory Grove Park Blvd. and in connection A ~ ~~~~~,.Yj ~ therewith, the City agrees to process JDC's development permit applications in good faith '~„~r~' and in a prompt, diligent manner such that development may be coordinated with i,r,~'~ development on the JDC Property. g~~ 6. The City and JDC acknowledge that following the execution of the Agreement, it has been determined to the best of City's actual knowledge that the permitting through the St. /John's River Water Management District ofthe on-site storm~vater collection system should be routine and with no known practical risk of denial or the attachment of unacceptable conditions. and,xh~~_ '~es-fi~reb~%_ _~ - _ -~-d~- are hereb~lel$ted. The City acknowledges that JDC has made the elections described more particularly in ' subparagraphs III(g) and VII(c). Said election provides for diagonal parking along Main Street and Hickory Grove Blvd. and true copies of such elections are attached hereto as First Modification Exhibit "A". 8. Paragraph VII(a) of the Agreement is hereby amended and restated as follows: JDC agrees that not later than twenty (20) days folpwing the closing of JDC's purchase of the property, JDC will convey to the City fee simple title to: (i) the Market Square Parcel and (ii) the eleven (l l) foot wide strip of land needed for right-of--way and other municipal purposes as legally described on Exhibit "C" of the Agreement. Further, JDC shall effectuate the conveyances contemplated in Paragraph 7 ofthis First Modification in the same instrument of conveyance, which the parties agree shall be a Special Warranty Deed. JDC acknowledges and confirms that such conveyances to the City shall be free of mortgages, liens or other matters which would unreasonably interfere with the City's use of such strips of land for the uses intended therefor as contemplated in this Agreement; provided however, the City agrees that it shall be the City's responsibility with respect to power lines and/or other utilities within such areas deeded to the City to coordinate and pay Page 2 o f 4 for the relocation of the same underground and the City acknowledges that any such existing power lines and/or other utilities within the deeded area shall not be a basis for objecting to the condition ofthe till:, to such steps of land. 9. The City acknowledges that because of events beyond its control, it has been delayed in the permitting of the portion of the master stormwater management system intended to serve the portion of the JDC Property labeled the "East Basin" on the sketch attached hereto as First Modification Exhibit "B". Therefore, the City and JDC agree that Phase I will be undertaken by JDC in two steps, the first step involving the portion of Phase I~4 labeled the "West Basin" on the sketch attached hereto as First Modification Exhibit "B" ("Phase IA") and Step 2 involving the portion of Phase I$ labeled the "East Basin" on the sketch attached hereto as First Modification Exhibit "B"("Phase IB"). JDC desires to commence Phase IA development at the earliest possible date after the City has satisfied its obligations under the Agreement, as amended hereby, and the City agrees to use its best efforts to expedite satisfaction of such obligations. , ~~ ~, rietTt-~9r1`i$i.-,, rr~r- ,.V ,..t-,,.« :.. : t ~ ..,,« ..ftl`i~~ 0 10. In consideration of the foregoing provisions, JDC hereby (i) waives its right of termination in the event JDC is not successful in securing a drugstore anchor (the right of termination in connection with the grocery store anchor is not waived}; and (ii) JDC agrees that E~eerrst-rtteE the 6,000 square foot building and 10,000 square foot building cross- hatched on the copy of the Conceptual Site Plan for Phase II attached hereto as First Modification Exhibit "C" shall be constructed in Phase I. The parties acknowledge and agree that the 6,000 square foot buildine and the 10,l~00 sauare foot buildine shall be counted for purposes of application of the 45.000 sauare foot threshold as provided in subparaeraph III(e) of the Agreement. 11. The obligation of the City under this First Modification of Agreement shall be conditioned upon JDC closine`on the purchase of the JDC Pry. ;~,^rS53utg 12. All terms of the Agreement between the parties, dated August 1, 2000, shall remain in full force and effect, to the extent not modified by this First Modification Agreement. Page 3 of 4 13. The parties acknowled that it the Conceptual Site Plan, hick is at ? received relimina a royal b the D shall be subject to fu er review and [JDC HAS REQ ~ STED THAT Z PRELIMINA APPROVAL ~` the Town Center D' rict Coc as First Modificatio xhibit "D" lodment Review Con?mikCee. Said CITY CONIM[ ON CONSIDER THE JULY 2, 20 MEETING.] 14. The City has acquired Hickory Grove Park Boulevard and Hickory Grove Park North/South Extension Street. Therefore, Paragraph V(b), beginning with the third sentence therein, is hereby deleted in its entirety. 15. With respect to the notice provisions contained in the last full paragraph of Section VI of the Agreement, the City waives the notice of JDC's scheduled construction commencement date of the grocery store anchor. JDC acknowledges that such waiver shall not relieve JDC from its obligations to provide such notice with respect to the drug. store anchor and Phase II. IN WITNESS WHEREOF, JDC and the City have executed this Agreement in form sufficient to bind them as of the day and year first above written. WITNESSES: Name: Name: Name: Name: F •DOCS'Cnq u( ~~'mtcr tipnnga`.\Sr<cuunn /IK' Calhuun ,\grccmcm v Oa pch kj Page 4 o f 4 JDC CALHOLN, INC., a Georgia corporation By: Shane Doran, Vice President CITY OF WINTER SPRINGS, a Florida Municipal Corporation sy: Paul P. Partyka, Mayor ® r;rsr n~~~d;r~al;~,i~ •- ;i~ 1 0 ,\~ .". ~ ~ \ 1L ' ~~ \\ ' ~ 1 11 -~ \ a ; '; \ ~ ~I ; ;~~ ~~ 1i n ~~ j i. ~, ~,'` (r~ ~ 1 ~ "I r~.~ ~ ~ ~ 1 ~ \\ 09 ~; 1 M ~ W ~ ~ p D \ 9~ ~ ~~ ~ \ e i "1 ~ ~I ~ ~ ~ ~9 ~ 1 • ~ a9.~ ~: 7 r ~ ~I~ ~ ~~ I~~1 `~ ,~, - E ~; ~ t 1 t ~„ ' ~, s ~ - - -~ 1 ' w~ w ~~ ~ ~ ~ ~.~ ~~ _ _ - ~~ G a , ~ mmnm - - I ~; r 1 'J: ~ ~( I ~t if \~ \ ,I : _ • ~ \ .,; ,_ _ J ~~~ ~~: i a ~. i J ~~_~-=~'~ jal~ ~~ ~ ~ P :~ C; TUSKAWiLIA BLYD 6 SR 434 .A)C CALNOUH, aiC ,~„o i WhfiER BORINGS, Fl ! _ ~ PNASE 1 670Rl,M'AiER PU.Y ~ .,.~.-~ `~^ - ~-L~-•-- .~ •- ' -~ "M`+ rt~ w. via Yaeo W First Modification of Agreement Exhibit List Exhibit "A" - JDC elections under III(g) and VII(c) 2. Exhibit "B" - Stormwater Basin Sketch 3. Exhibit "C" - 6,000 and 10,000 square foot buildings 4. Exhibit "D" -Conceptual Site Plan FlDOCS~CiIy d 1Nmtt SpupsWpietme~ilS~Fusf MWifiG3lion EJJIIQf li3f SCHEDULE 1 Main Street Improvements Design/Permitting Commence Complete 6/26/00 11 /01 /01 Bidding Commence Complete 11 /15/01 1 /15/02 Construction Commence Complete 2/15/02 9/15/02 Hickory Grove Park Boulevard and Hickory Park Rlorth/South Extension Street Design/Permitting Commence Complete 1 /08/01 9/30/01 Bidding Commence Complete • 9/30/01 11 /15/01 Construction Commence Complete 12/ 15/G 1 7/01 /02 Stormwater Improvements Phase 1 A (West Phase 1 B ( East Design/Perm itting Design/Permitting Commence Complete Commence Complete 1 /08/01 9/30/01 6/26/00 11 /01 /01 Bidding Bidding Commence Complete Commence Complete 9/30/01 11 /15/01 11 /01 /01 1 /15/02 Construction Construction Commence Complete Commence Complete 12/15/01 7/15/02 2/15/02 9/15/02 Public Sewer Service Phase IA (Westl Phase IB (East) Design/Permitting Design/Permitting Commence Complete Commence Complete 1 /08/01 9/30101 6/26/00 11 /01 /01 Bidding Bidding Commence Complete Comrr~nce Complete 9/30/01 11 /15/01 11 /01 /01 1 /15/02 Construction Construction Commence Complete Commence Complete 12/15/01 7/15/02 2/15/02 9/15/02 Public Water Service Available for immediate use with sufficient pressure and flow. FIRST MODIFICATION OF AGREEMENT A First 1~Iodification of Agreement made and entered into as of this ~3~~day of July, 2001, by and between JDC CALHOUN, INC., a Georgia corporation, (hereinafter referred to as "JDC"), and the CITY OF WINTER SPRINGS, a municipal corporation existing under the laws of the State of Florida (hereinafter referred to as the "City"). RECITALS WHEREAS, JDC and the City previously entered into that certain Agreement dated as of August 1, 2000; and WHEREAS, JDC and the City desire to modify the terms and provisions of such Agreement. NOW THEREFORE, in consideration of the terms and conditions set forth in this Fist Modification of Agreement, and other good and valuable consideration, the receipt of which is hereby acknowledged by the parties, the City and JDC agree to the following: 1. The provisions of subparagraph III. (c) and other provisions of the Agreement pertaining to the two-story 30,240 square foot building which is contemplated to be constructed on the corner of State Road 434 and Main Street are hereby modified to memorialize the recent agreement of the parties that JDC shall have a period of up to eighteen (18) months after JDC's closing on the JDC Property within which to commence construction of such building on the corner of State Road 434 and Main Street. The City acknowledges and confirms that the permits, certificates of occupancy and other permits for development of other portions of the JDC Property will not be withheld or delayed during the period prior to JDC's commencement of such construction on the corner of State Road 434 and Main Street. 2. The provisions of the Agreement are hereby modified to memorialize the recent understanding and agreement of the parties that the City has no objection conceptually to the construction of a fast food restaurant located internal to the site in the vicinity of the roundabout. JDC acknowledges that the precise configuration and other details relating to the proposed fast food restaurant must be reflected in a site plan and other submittals required under the City Code with respect to which final City approval(s) must be obtained prior to commencement of construction. 3. The provisions of this Agreement are hereby further modified to memorialize the recent agreement of the parties that the roundabout depicted on the Conceptual Site Plan will contain a water fountain or similar water feature. 4. The provisions of the Agreement are hereby further modified and amended to memorialize the agreement of the parties that as of JDC's closing of the purchase of the JDC Property, the City shall be fully obligated to construct, at its cost and expense, the Main Street Page 1 of 4 Improvements, Hickory Grove Park Boulevard, Hickory Grove Park North/South Extension Street together with the facilities and improvements serving the JDC Property for sanitary sewer, potable water, and stormwater, all as more specifically described in the Agreement. Design, engineering, permitting, and construction of each item of infrastructure shall be completed by the respective date set forth in Schedule 1, attached hereto and incorporated herein by this reference. Further, with respect to potable water, sanitary sewer and stormwater improvements serving the JDC Property, the City agrees to furnish JDC in writing the designated connection points at the perimeter of the JDC Property (which may be fully relied upon by JDC in connection with its site plan, binding commitments with JDC's tenants and all other matters) not later than thirty (30) days after the effective date of this First Modification. The City has acquired suitable property for stormwater retention as contemplated in Section V(d) of the Agreement. Therefore, both parties waive their right to cancel the Agreement under said Section V(d) for the City's failure to acquire such suitable property. 5. JDC represents that it is JDC's intention to acquire the parcel owned by the Kingsburys located at the corner of Main Street and Hickory Grove Park Blvd. and in connection therewith, the City agrees to process JDC's development permit applications in good faith and in a prompt, diligent manner such that development maybe coordinated with development on the JDC Property. 6. The City and JDC acknowledge that following the execution of the Agreement, it has been determined to the best of City's actual knowledge that the permitting through the St. John's River Water Management District ofthe on-site stormwater collection system should be routine and with no known practical risk of denial or the attachment of unacceptable conditions. 7. The City acknowledges that JDC has made the elections described more particularly in subparagraphs III(g) and VII(c). Said election provides for diagonal parking along Main Street and Hickory Grove Blvd. 8. Paragraph VII(a) ofthe Agreement is hereby amended and restated as follows: JDC agrees that not later than twenty (20) days following the closing ofJDC's purchase of the property, JDC. will convey to the City fee simple title to: (i) the Market Square Parcel and (ii) the eleven (11) foot wide strip of land:needed for right-of--way and other municipal purposes as legally described on Exhibit "C" of the Agreement. Further, JDC shall effectuate the conveyances contemplated in Paragraph 7 of this First Modification in the same instrument of conveyance, which the parties agree shall be a Special Warranty Deed. JDC acknowledges and confirms that such conveyances to the City shall be free of mortgages, liens or other matters which would unreasonably interfere with the City's use of such strips of land for the uses intended therefor as contemplated in this Agreement; provided however, the City agrees that it shall be the City's responsibility with respect to power lines and/or other utilities within such areas deeded to the City to coordinate and Page 2 of 4 pay for the relocation of the same underground and the City acknowledges that any such existing power lines and/or other utilities witliiri the deeded area shall not be a basis for objecting to the condition of the title to such strips of land. 9. The City acknowledges that because of eve~its beyond its control, it has been delayed in the permitting of the portion of the master stormwater management system intended to serve the portion of the JDC Property labeled the "East Basin" on the sketch attached hereto as First Modification Exhibit "A". Therefore, the City and JDC agree that Phase I will be undertaken by JDC in two steps, the first step involving the portion of Phase I labeled the "West Basin" on the sketch attached hereto as First Modification Exhibit "A" ("Phase IA") and Step 2 involving the portion of Phase I labeled the "East Basin" on the sketch attached hereto as First Modification Exhibit "A"("Phase IB"). JDC desires to commence Phase IA development at the earliest possible date after the City has satisfied its obligations under the Agreement, as amended hereby, and the City agrees to use its best efforts to expedite satisfaction of such obligations. 10. In consideration of the foregoing provisions, JDC hereby (i) waives its right of termination in the event JDC is not successful in securing a drugstore anchor (the right of termination in connection with the grocery store anchor is not waived); and (ii) JDC agrees that the 6,000 square foot building and 10,500 square foot building circled on the copy of the Conceptual Site Plan for Phase II attached hereto as First Modification Exhibit "B" shall be constructed in Phase I. The parties acknowledge and agree that the 6,000 square foot building and the 10,500 square foot building shall be counted for purposes of application of the 45,000 square foot threshold as provided in subparagraph III(e) of the Agreement. 11. The obligation of the City under this First Modification of Agreement shall be conditioned upon JDC closing on the purchase of the JDC Property. 12. All terms of the Agreement between the parties, dated August 1, 2000, shall remain in full force and effect, to the extent not modified by this First Modification Agreement. 13. The City has acquired Hickory Grove Park Boulevard and Hickory Grove Park North/South Extension Street. Therefore, Paragraph V(b), beginning with the third sentence therein, is hereby deleted in its entirety. 14. With respect to.the notice provisions contained in the last full paragraph of Section VI of the Agreement, the City waives the notice of JDC's scheduled construction commencement date of the grocery store anchor.. JDC acknowledges that such waiver shall not relieve JDC from its obligations to provide such notice with respect to the drug-store anchor and Phase II. Page 3 of 4 IN WITNESS WHEREOF, JDC and the City have executed this Agreement in form sufficient to bind them as of the day and year first above written. WITNESSES: . ~2~ ~. m ame: ~.~~~~ v~P,~ ~F~.;t~~CC c2 C ~C~~ Name: ~ `-' =~~~~E c ca E . r, ~,C.G~ ~, r / - Name: l F tDOCSICity o(Winta SpringsWgrccmcntsVDC Calhoun Agrcerticnt v.0.l.pch.kj JDC CAL /o~~~ a Geor w t n By: Doran, Vice President CIT INTE SPRINGS, a Fl 'da M i al orp tion By: - - Paul P. Partyka, or Page 4 of 4 SCHEDULE 1 Main Street Improvements Design/Permitting Commence Complete 6/26/00 11 /01 /01 Bidding Commence Complete 11 /15/01 1 /15/02 Construction Commence Complete 2/15/02 9/15/02 Hickory Grove Park Boulevard and Hickory Park North/South Extension Street Design/Permitting Commence Complete 1 /08/01 9/30/01 Bidding Commence Complete • 9/30/01 11 /15/01 Construction Commence Complete 12/15/01 -7/01 i02 Stormwater Improvements Phase 1A {West) Phase 1B (East) Design/Permitting - Design/Permitting Commence Complete Commence Comp`e 1 /08/01 9/30/01 6/26/00 11/01/01 Bidding Bidding Commence Complete Commence Complete 9/30/01 11 /15/01 11 /01/01 1 /15/02 Construction Construction Commence Complete Commence Complete 12/15/01 7/15/02 2/15/02 9/15/02 Public Sewer Service Phase IA (West Phase IB (East) Design/Permitting Design/Permitting Commence Complete Commence Complete 1 /08/01 9/30/01 6/26/00 11 /01 /01 Bidding Bidding Commence Complete Comrt~nce Complete 9/30/01 11 /15/01 11 /01/01 1 /15/02 Construction Construction Commence Complete Commence Complete 12/15/01 7/15/02 2/15/02 9/15/02 Public Water Service Available for immediate use with sufficient pressure and flow /! i e / / { \\ - ~ ;; - '" ~ ~` ~ ~ i ~~ , . ~ ~. -~ ~' f~ ~ .~- / EAST B '~'' }'a: ; ;~~ D}r~ • ;! ~ • \ - ' ~i ~ ~ ~\' -;~ j.;. ~~• ~~~~.~•'~.;}~ ~~~^1;\, ~, fit;\'{,±~\ ~~ - E w ~ r / i~ \ . ~P,. \ ~ ~ \J1Ti ffT~TfTf1T'` ~ : _..~ ' \~,'j,a\ ' tt \--~ ~ 3z a r°v ice' ~~' ~ ~. ~.t\J Jt. ~.t~ t~..~J 1~~•at~\.I ~\t~ \\ \ \.~\\ \\~.l ~~~ i' {i\-'~ U Y co j, '~Yj \\\ \tt ~ ) ~t\\~t\\\\\\\\.~t~lt~\\.\\\.\~\~•\\r~~ '`~lY't\ ~ ; - -' ~ - w...o..~,~ ~ i I~/'~i~.Uiy/hl'~.U/.ti' U ~~ .~ ~i'4~:..~l~I~ ~~ ~)•-}ire\/,~ /1 % \~`~~ ;~~1\, v .. ~ of ~ ----~ ~ f~ ~, ~ 1c_ I U ~ I ~. 'V~~ ~ 1= ~~;~ ,, ;.. ~ ,,. ° I I ~•- ~ -- - l.l.i..llll Ill ~ ~ ~ + e y ~-~ -~,~ '~, :~ ~ J u, I ~ ~ - - ,~\ a a°~X - ~-------~-- S~' BASIN ,~~-_ - - - -.~..~ ~~. `,".~•~ 'rte ,-.-~~ / { ~ 11IIIIIIIII f/~~;:,• ~ w ~n 1 - ~ F -__-_ -= _ _ i~ Q N m Yom- ~__.._..____.......:::.:...2:-.__._.___y....____...___.-__.___ _ ______ _ --~-x ~___ _ _ \\\' ~ ? a _ a - -- - ~ --~'--- - ~ ~ ----'--- -==--'---- ~ ~ F- ~ ds rV ~ r• ---- _ -~---------~.. - --. r \, ~, ~ ..... ...~. ,1. - ---- x ida .l ~ S R 434 --- -- - --- ---., ,.~ ~ •• o ~~-~~------- ------'"----'------------- ~- -• --- ----- ~' • z~ jai /~~ I ~! \~1~\ \, r~ ~ro,.e Park ~\ ~ 'tco ar \\ i 'I ~~II'1~ ,¢ .m'f i~ % ~ I ._ ._ I . l l G~ _~ ----'- 't .~~ ~~ 4 - -- - - - - - - ~ ~~ Scala 1' ~ 60• 1 C,AepnNia s«.,e / /\ ~' it%rYY~ a..~r ~c uar ~ ~ Sii9. in! low g.ll ~~ FN PvcY'G R NCT INCLUDED ~ f ., (fieta,rnd ~y Owror) ~ ~ ,~, C/ . .~, . ~-~ 1 ,~ ~~ rMfr f~ J r . ~oyuar.' ~ `. v ~ i ` '1 /; _ ~ _ ~ EXHIBIT ~\~~~^\ ra.i.il'. /^ I~q~l / A ~. FIRST MODIFICATION OF AGREEMENT A First Modification of Agreement made and entered into as of this _ _ day of July, 2001, by and between JDC CALHOUN, INC., a Georgia corporation, (hereinafter referred to as "JDC"), and the CITY OF WINTER SPRINGS, a municipal corporation existing under the laws of the State of Florida (hereinafter referred to as the "City"). RECITALS WHEREAS, JDC and the City previously entered into that certain Agreement dated as of August 1, 2000; and WHEREAS, JDC and the City desire to modify the terms and provisions of such Agreement. NOW THEREFORE, in consideration of the terms and conditions set forth in this Fist Modification of Agreement, and other good and valuable consideration, the receipt of which is hereby acknowledged by the parties, the City and JDC agree to the following: 1. The provisions of subparagraph III. (c) and other provisions of the Agreement pertaining to the two-story 30,240 square foot building which is contemplated to be constructed on the corner of State Road 434 and Main Street are hereby modified to memorialize the recent agreement of the parties that JDC shall have a period of up to eighteen (18) months after JDC's closing on the JDC Property within which to commence construction of such building on the corner of State Road 434 and Main Street. The City acknowledges and confirms that the permits, certificates of occupancy and other permits for development of other portions of the JDC Property will not be withheld or delayed during the period prior to JDC's commencement of such construction on the corner of State Road 434 and Main Street. 2. The provisions of the Agreement are hereby modified to memorialize the recent understanding and agreement of the parties that the City has no obj ection conceptually to the construction of a fast food restaurant located internal to the site in the vicinity of the roundabout. JDC acknowledges that the precise configuration and other details relating to the proposed fast food restaurant must be reflected in a site plan and other submittals required under the City Code with respect to which final City approval(s) musCbe obtained prior to commencement of construction. 3. The provisions of this Agreement are hereby further modified to memorialize the recent agreement of the parties that the roundabout depicted on the Conceptual Site Plan will contain a water fountain or similar water feature. 4. The provisions of the Agreement are hereby further modified and amended to memorialize the agreement of the parties that as of JDC's closing of the purchase of the JDC Property, the City shall be fully obligated to construct, at its cost and expense, the Main Street Page 1 of 4 Improvements, Hickory Grove Park Boulevard, Hickory Grove Park North/South Extension Street together with the facilities and improvements serving the JDC Property for sanitary sewer, potable water, and stormwater, all as more specifically described in the Agreement. Design, engineering, permitting, and construction of each item of infrastructure shall be completed by the respective date set forth in Schedule 1, attached hereto and incorporated herein by this reference. Further, with respect to potable water, sanitary sewer and stormwater improvements serving the JDC Property, the City agrees to furnish JDC in writing the designated connection points at the perimeter of the JDC Property (which may be fully relied upon by JDC in connection with its site plan, binding commitments with JDC's tenants and all other matters) not later than thirty (30) days after the effective date of this First Modification. The City has acquired suitable property for stormwater retention as contemplated in Section V(d) of the Agreement. Therefore, both parties waive their right to cancel the Agreement under said Section V(d) for the City's failure to acquire such suitable property. 5. JDC represents that it is JDC's intention to acquire the parcel owned by the Kingsburys located at the comer of Main Street and Hickory Grove Park Blvd. and in connection therewith, the City agrees to process JDC's development permit applications in good faith and in a prompt, diligent manner such that development maybe coordinated with development on the JDC Property. 6. The City and JDC acknowledge that following the execution of the Agreement, it has been determined to the best of City's actual knowledge that the permitting through the St. John's River Water Management District ofthe on-site stormwater collection system should be routine and with no known practical risk of denial or the attachment of unacceptable conditions. 7. The City acknowledges that JDC has made the elections described more particularly in subparagraphs III(g) and VII(c). Said election provides for diagonal parking along Main Street and Hickory Grove Blvd. 8. Paragraph VII(a) of the Agreement is hereby amended and restated as follows: JDC agrees that not later than twenty (20) days following the closing ofJDC's purchase of the property, JDC will convey to the City fee simple title to: (i) the Market Square Parcel and (ii) the eleven (11) foot wide strip of land needed for right-of--way and other municipal purposes as legally described on Exhibit "C" of the Agreement. Further, JDC shall effectuate the conveyances contemplated in Paragraph 7 of this First Modification in the same instrument of conveyance, which the parties agree shall be a Special Warranty Deed. JDC acknowledges and confirms that such conveyances to the City shall be free of mortgages, liens or other matters which would unreasonably interfere with the City's use of such strips of land for the uses intended therefor as contemplated in this Agreement; provided however, the City agrees that it shall be the City's responsibility with respect to power lines and/or other utilities within such areas deeded to the City to coordinate and Page 2 o f 4 pay for the relocation of the same underground and the City acknowledges that any such existing power lines and/or other utilities within the deeded area shall not be a basis for objecting to the condition of the title to such strips of land. 9. The City acknowledges that because of events beyond its control, it has been delayed in the permitting of the portion of the master storrnwater management system intended to serve the portion of the JDC Property labeled the "East Basin" on the sketch attached hereto as First Modification Exhibit "A". Therefore, the City and JDC agree that Phase I will be undertaken by JDC in two steps, the first step involving the portion of Phase I labeled the "West Basin" on the sketch attached hereto as First Modification Exhibit "A" ("Phase IA") and Step 2 involving the portion~of Phase I labeled the "East Basin" on the sketch attached hereto as First Modiftcation Exhibit "A"("Phase IB"). JDC desires to commence Phase IA development at the earliest possible date after the City has satisfied its obligations under the Agreement, as amended hereby, and the City agrees to use its best efforts to expedite satisfaction of such obligations. 10. In consideration of the foregoing provisions, JDC hereby (i) waives its right of termination in the event JDC is not successful in securing a drugstore anchor (the right of termination in connection with the grocery store anchor is not waived); and (ii) JDC agrees that the 6,000 square foot building and 10,500 square foot building circled on the copy of the Conceptual Site Plan for Phase II attached hereto as First Modification Exhibit "B" shall be constructed in Phase I. The parties acknowledge and agree that the 6,000 square foot building and the 10,500 square foot building shall be counted for purposes of app lication of the 45,000 square foot threshold as provided in subparagraph III(e) of the Agreement. 1 1. The obligation of the City under this First Modification of Agreement shall be conditioned upon JDC closing on the purchase of the JDC Property. 12. All terms of the Agreement between the parties, dated August 1, 2000, shall remain in full force and effect, to the extent not modified by this First Modification Agreement. 13. The City has acquired Hickory Grove Park Boulevard and Hickory Grove Park North/South Extension Street. Therefore, Paragraph V(b), beginning with the third sentence therein, is hereby deleted in its entirety. 14. With respect to the notice provisions contained in the last full paragraph of Section VI of the Agreement, the City waives the notice of JDC's scheduled construction commencement date of the grocery store anchor. JDC acknowledges that such waiver shall not relieve JDC from its obligations to provide such notice with respect to the drug store anchor and Phase II. Page 3 of 4 IN WITNESS WHEREOF, JDC and the City have executed this Agreement in form sufficient to bind them as of the day and year first above written. JDC CALH , a Georgia io By: S D ~ ,Vice President Name: ~. me: F ~DOCS~City of Winter SpringslAgreemenuUDC Calfroun Agreement v.04.pch.kj C a By: Paul P. Yartyka, Page 4 of 4 C~ -~'~ Name:CifR.-/cs C~~~~~~ STATE OF SOUTH CAROLINA COUNTY OF CbFNQra•~- The foregoing instrument was acknowledged before me this day of , 2001 by Shane Doran, Vice President of JDC Calhoun, Inc., a Georgia corporation, who executed the foregoing instrument and acknowledged before me that he executed the same for the uses and purposes therein expressed and v known to r who has produced as identification and who did not take an oath. ~~ C. , C ._-----~ Notary Public Signature Typed or Printed Notary Name Notary Public-State of ;~/o-~- • ~~ Commission No.: My Commission Expires: (Notary Seal) STATE OF FLORIDA COUNTY OF SEMINOLE The foregoing instrument was acknowledged before me this ~l't-day o~S, 2001 by Paul P. Partyka, Mayor of the City of Winter Springs, who is personally known to me and who did not take an oath. otary Pub is ignature p Typed or Printed Notary Name Notary Public-State of _ Commission No.: My Commission Expires: ~ ~ y 50129.010800/155777v.2 A~ t_ - UAOE6 MY COMMISSION N CC 631031 EXPIRES: May 9, 2063 tappSNOTAR`f Fh lpneeey savke b 6awM-p S9: 4 SCHEDULE 1 Main Street Improvements Design/Permitting Commence Complete 6/26/00 11 /01 /01 Bidding Commence Complete 11 /15/01 1 /15/02 Construction Commence Complete 2/15/02 9/15/02 Hickory Grove Park Boulevard and Hickory Park North/South Extension Street Design/Permitting Commence Complete 1 /08/01 9/30/01 Bidding Commence Complete 9/30/01 11 /15/01 Construction Commence Complete 12/15/01 -7101 /02 Stormwater Improvements Phase 1A (West Phase 1B (East) Design/Permitting - Design/Permitting Commence Complete Commence Complete 1 /08/01 9/30/01 6/26/00 11 /01 I01 Bidding Bidding Commence Complete Commence Complete 9/30/01 11 /15/01 11 /01 /01 1 /15/02 Construction Construction Commence Complete Commence Complete 12/15/01 7/15/02 2/15/02 9/15/02 Public Sewer Service Phase IA (West Phase IB (East, Design/Permitting Design/Permitting Commence Complete Commence ComQlete 1 /08/01 9/30/01 6/26/00 11 /01 /01 Bidding Bidding Commence ComQlete Comrr~nce Complete 9!30/01 11 /15/01 11 !01 /01 1 /15/02 Construction Construction Commence ComQlete Commence ComQlete 12/15/01 7/15/02 2/15/02 9/15/02 Public Water Service Available for immediate use with sufficient pressure and flow m 0 N ~, N C 7 i 0 a w z 0 U d u C 0 U ~ O r Y '/~~.~ ~ s \.~ O / \• t¢¢ /// /~i '1 ~'~~; 6f e = i ~ ~• y f i ~ /~ ^ 6~° ~ !: EA BASIN \,~,~~r, .~ ; ;~~, ,sit o ,~ ~ ~ ! ^ ) i i37 ~~ `; ~ `\~\ .~ UTfiTrfRTTTT `~ `,fit.'{..\`~ ;1~.~ ~ ~~ ~.Ef ~ ~/may/J'~\.\, :~~\ i ~r^~--~ - = ~ ~ ~ ~~ ~ ~ \~ \` 1~ ~E'~;, ~ Qeq, V /;~ ~, '~,,1 ~ .q i _.._~~ .~ s• V • f ~`~.\! ~¢ ~~~y\ti4G 1 1 ~I • '~7` ~ s \~ ~'~ -`tt~s ~ a ¢ s: ~ ~ - _ ae:. WEST BASIN - ~ ~_ ~ - _ - : ~--~; ,,. ,,tt ~ ..... °~y L.I.L.L.I.` .~. t \ > 3 ~ i i lylll.i \ ~xui i .. - .. ..~ \~\ {f ~ r __._.~_ - ~, - -~--- `~ ~'S -- ----------` - ------_ s S.R. 434 - ~ ,, __....__._ ,---- \ •• ~ 1 ------------------ -- l -_-_- (. _ _ ----------'~~ ---_-----_----.-_.~..... ~'~ 1 1 h ~ 1, / ~ l~;l~ ~ t+~l~ Till ; ~~ g f ~,~ ~~ ~\ \ ~~ ;; :~ 'a .' 1 , f._! J" ; Icx yN +s '~ _ `/ 4 _~ 2f :. r- ( ~• r~i - y~~.: p ~~ . ! - ~ -~. ;:.. I ,-;, ,,; - _ ~ ~ _ ,r . ~ , p C '~ i ~ ~ ~ _ hr ~~~~~~~~~ i ~ ~Rm (»\\\\\\\\\_~ 1 l ~` j~ ~\,`_~ ::4?~:~~ V11IiUlIil~ ~ ~ ~ ~\~\L ~ 1/ ~•~ ~ _~ •l:; - ':~:~. ~• _. 111 -~_.__. .I .~. l~. .. , l C. . 1 l .I •. ~1 - - \ ~,. ~~~ .fit:)- .-~;~'. `` y..' ~ " `~~ ~ -~"/ 5 /~