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HomeMy WebLinkAboutHighlander Investments, LTD Pre-Annexation Development Agreement -2004 11 03 11.11111111111111111111111111111.1118 11111111111111111111 . I MARYANNE MORSE, CLERK OF CIRCUIT COURT SEMINOLE COUNTY BK 05516 PGS 1320-1342 CLERK'S I 2004176595 RECORDED 11/1&/2004 09:15:29 AM RECORDING FEES 197.00 RECORDED BY J EckeoToth TillS INSTRUMENT WAS PREPARED BY AND SHOULD BE RETURNED TO: ~thonY Garganese City Attorney of Winter Springs rown Garganese, Weiss & D' Agresta, P.A. 225 E. Robinson St., Suite 660 Orlando, FL 3280 1 (407) 425-9566 FOR RECORDING DEPARTMENT USE ONLY PRE-ANNEXATION DEVELOPER'S AGREEMENT THIS PRE-ANNEXATION DEVELOPER'S AGREEMENT (the "Agreement") is made and executed this 20th day of September, 2004, by and between the CITY OF WINTER SPRINGS, a Florida municipal corporation (the "City"), whose address is 1126 East S.R. 434, Winter Springs, Florida 32708, and HIGHLANDER INVESTMENTS, LTD., a Florida limited partnership ("Highlander"), whose address is 6966 Venture Circle, Orlando, Florida 32807. WIT N E SSE T H: WHEREAS, Highlander is the fee simple owner of certain real property currently located in unincorporated Seminole County, Florida and more particularly described in Exhibit " A" attached hereto and incorporated herein by this reference (the "Property"); and WHEREAS, the City intends to annex the Property pursuant to the procedures established under Section 171.0413, Florida Statutes or if the City deems necessary, the City will pursue annexation under Section 171.044, Florida Statutes; and WHEREAS, Highlander consents to the proposed annexation of the Property, provided that Highlander is able to develop the Property as a single-family residential (townhouse) community with individual fee simple owned units and a common area (the "Project") as depicted in that certain Concept Plan, entitled Jessup Reserve Winter Springs Town Center, dated August 23, 2004, and prepared by Canin Associates under Job No. 204070, consisting of seven (7) sheets including a concept plan, typical front elevations and colors for townhome buildings, floor plans for 2 and 3 story units, and a proposed elevation and floor plan for the pool building (collectively referred to as the "Concept Plan"), a copy of which is attached hereto as Exhibit "B" and incorporated herein by this reference, and in accordance with the terms and conditions of this Agreement; and Developer's Agreement City of Winter Springs and Highlander, LTD. Page 1 of 17 WHEREAS, the City and Highlander desire to set forth the following special terms and conditions with respect to the proposed annexation of the Property and development of the Project. NOW, THEREFORE, in consideration ofthe mutual promises and covenants contained herein, the parties mutually agree as follows: 1. Recitals. The foregoing recitals are true and correct and are hereby incorporated herein by this reference. 2. Authority. This Agreement is entered into pursuant to the Florida Municipal Home Rule Powers Act. 3. Annexation. Highlander acknowledges and agrees that the City intends to annex the Property in accordance with Section 171.0413, Florida Statutes. The City has agreed to enter into this Agreement as an inducement to Highlander to grant its consent to such annexation. In the event that the City fails to complete the foregoing annexation, Highlander hereby agrees to apply for and pursue a voluntary annexation of the Property into the City pursuant to Section 171.044, Florida Statutes, provided that the other terms and conditions of this Agreement are satisfied. 4. Obli2ations and Commitments. In consideration of the City and Highlander entering into this Agreement, and as an inducement for Highlander to consent to the annexation of the Property into the City, the City and Highlander hereby agree as follows: (a) Approval of Concept Plan. The City hereby acknowledges and agrees that the Concept Plan is acceptable; provided, however, Highlander shall have the obligation to further submit and obtain the City's approval of a final subdivision plan and final engineering plans. Highlander acknowledges and agrees that the Concept Plan was not prepared with specific surveyed dimensions and that during the final subdivision and final engineering process such dimensions shall be surveyed, duly engineered, and provided to the City. Further, the elevations and roof lines depicted in the Concept Plan for the townhome buildings will have to be adjusted to the City's satisfaction in order to accommodate a different number of units than what is shown in the Concept Plan. Moreover, Highlander understands that the City will require that the color of the townhome buildings be varied from building to building. As such, Highlander and the City agree that the Concept Plan is intended to be conceptual in nature and subject to reasonable adjustments at the final subdivision and final engineering phase in order to bring the Project into compliance with the City Code. (b) Utilities. The City hereby acknowledges and agrees that it currently has sufficient water and sewer treatment plant capacity available to service the Property and shall provide such services to the Project as depicted in the Concept Plan. Highlander acknowledges and agrees that offsite improvements may be necessary, at Highlander's cost, to provide water and sewer service to the Property including, but not limited to, force main, lift station and pump upgrades. Further, all water and sewer improvements required on-site to service the Property shall be at Highlander's expense. Developer's Agreement City of Winter Springs and Highlander, LTD. Page 2 of 17 ~ (c) Roadwavs: Collector Road Unless otherwise provided in this paragraph, all roadways shall be designed and constructed pursuant to the Town Center District Code. In order to facilitate the safe, efficient and orderly flow of traffic throughout the Winter Springs Town Center, the City desires to have a collector road running through the Property which connects with Doran Drive located across S.R. 434 and eventually connecting too, and running through, the adjacent property to the east (Ondick Property) to Tuskawilla Road ("Collector Road"). The Collector Road shall serve as the primary entrance to the Project from S.R. 434. The Collector Road shall be designed, located and constructed in accordance with the Concept Plan and shall consist of three different design segments. The S.R. 434 entrance shall consist of an Urban Boulevard design and connect to a Neighborhood Street. The design requirements for the Urban Boulevard and Neighborhood Street are set forth in the Town Center District Code. The Neighborhood Street shall connect to a modified Edge Drive design which is attached hereto as Exhibit "C" and incorporated herein by this reference. The City agrees to promptly amend the Town Center Transportation Master Plan to incorporate the Collector Road into said Plan. Further, the parties acknowledge that the City is currently in the process of amending its Comprehensive Plan (Transportation Element Policy 1.5.14) to eliminate the bike lane requirement for collector roads within the Town Center and that upon final approval of the amendment, the bike lane will not be required for the Collector Road. Subject to final City approval, Highlander agrees to design, permit, and construct that portion of the Collector Road located on their Property; provided, however, the City shall reimburse Highlander for the reasonable costs thereof. For purposes of this Agreement, (i) the design costs shall include the costs and expenses of land surveying, civil engineering, landscape architecture, irrigation design, electrical engineering and lighting design, and (ii) the construction costs shall include the costs and expenses for clearing, grubbing and earth excavation, and for the construction of all storm drainage facilities, Progress Energy approved decorative street lights, landscaping, hardscape, irrigation, sidewalks, curbs, pavement, striping, signage and any required additional offsite improvements related to the Collector Road (all of the foregoing costs and expenses are hereinafter collectively referred to as the "Roadway Expenses"). To the extent any of the Roadway Expenses also benefit other aspects of the Project not related to the Collector Road (e.g., stormwater improvements for the buildings and common areas), the City shall only be responsible for reimbursing the proportionate share of the particular expense related to the Collector Road. The City shall reimburse Highlander in the amount of the Roadway Expenses within ninety (90) days after the Collector Road has been completed and accepted by the City. At the City's option, the City may provide transportation impact fee credits to Highlander to be applied to the Roadway Expenses owed by the City. In the event the City elects to provide such credits, the payment of the transportation impact fee credits by Highlander shall be reconciled at the time the Collector Road is accepted by the City. If the Roadway Expenses exceed the amount of the transportation impact fee credit, the City shall reimburse Highlander, by check, the amount of the Roadway Expense in excess of the transportation impact fee credit. On the other hand, if the Roadway Expenses are less than the amount of the transportation impact fee credit, Highlander shall pay the City, by check, the amount of the transportation impact fee in excess of the Roadway Expenses. Developer's Agreement City of Winter Springs and Highlander, LTD. Page 3 of 17 Highlander agrees that all Roadway Expenses shall be subject to an informal competitive bid process under which Highlander shall obtain three (3) written quotes or bids. Each quote or bid shall be submitted to the City for review and approval prior to Highlander entering into any contract for the design, permitting and construction of the Collector Road. Highlander further agrees that at the time reimbursement for any Roadway Expense is requested, Highlander shall provide the City with a copy of all applicable invoices, receipts, warranties, maintenance bonds, and documentation, including all change orders, which shall clearly evidence each reimbursable Roadway Expense. The City shall not be responsible for reimbursing any Roadway Expense which can not be properly and reasonably documented in writing. The City shall not unreasonably withhold any approvals required under this paragraph. Highlander agrees to convey to the City that portion of the Collector Road located on the Property and all other roadways (excluding alleyways) depicted on the Concept Plan, along with all related improvements thereon and thereunder. All such land conveyances shall be by a recorded plat and free and clear of all encumbrances. Conveyance of improvements shall be by bill of sale and free and clear of all liens. The plat and bill of sale shall be in a form acceptable to the City Attorney. (d) Construction of Neiehborhood Street on Eastern Boundary The parties acknowledge that the Concept Plan requires that a Neighborhood Street be constructed along the eastern boundary of the Property running perpendicular with S.R. 434. Said Neighborhood Street shall be designed and aligned as a fully functional intersection with Cliff Rose Drive located across S.R. 434. However, Highlander only owns half of the property that is required to fully construct said street. As such, unless additional lands are made available to construct the full width of the street prior to platting, Highlander shall plat only half of the Neighborhood Street with the understanding that the City desires that the other half of the street be provided by the adjacent property owner (Ondick) in the future. Highlander agrees to convey the half portion of the Neighborhood Street to the City by recorded plat. Said conveyance shall be in the same manner as the Collector Road. Upon conveyance, the City will design, permit, and construct the Neighborhood Street at such time the City acquires the full amount ofland that is required to construct the full width of the street. Notwithstanding, the City, at its option, may construct the half portion of said street located on the Property, provided the City can successfully acquire a temporary construction easement from the adjacent property owner. If the construction easement cannot be obtained, the City shall construct a sidewalk on the half portion of street for the benefit of the townhome units that will be fronting said street. Because the parties acknowledge and agree that the final construction of this Neighborhood Street will require future land acquisition by the City and phased construction, the timing of which is uncertain, the City Commission hereby waives the provisions of Section 9-152 and 9-154 prohibiting Yz platted streets and requiring cul-de-sacs at dead ends. (e) Construction of Stormwater Improvements. Highlander shall design the Project to accommodate the stormwater requirements for the Property, including the roadway improvements to be located adjacent to and/or within the Project. The City shall permit Highlander to use any existing City rights-of-way and/or easements to Developer's Agreement City of Winter Springs and Highlander, LTD. Page 4 of 17 accommodate stormwater generated from the Property, provided said use is deemed acceptable and feasible by the City. Highlander shall provide any additional property that is necessary to accommodate stormwater generated from the Property. At the City's request, Highlander agrees to design, permit and construct oversized stormwater facilities to service adjacent properties and the extension of the Collector Road from the Property to Tuskawilla Road. The City shall reimburse Highlander for the full cost of oversizing said facilities in accordance with the procedures set forth in paragraph 3( c) herein. (f) Installation of Utility Lines bv Hie:hlander. Highlander hereby acknowledges and agrees that all overhead utilities along the frontage of the Project shall be installed underground along the boundary of the Property with S.R. 434. By recorded plat, Highlander shall convey to the City a utilities easement, fifteen (15) feet in width, along the entire northern boundary of the Property adjacent to S.R. 434 in a form acceptable to the City Attorney. (g) Easement for Traffic Sie:nal. Within thirty (30) days of the effective date of this Agreement, Highlander shall grant and convey to the City two 1 O'x 10' easement areas, in a form and in locations mutually acceptable to Highlander and the City, within the Property at the intersection of Doran Drive and S.R. 434, to facilitate the City's installation, maintenance and repair of traffic signal facilities at the City's sole cost and expense. Highlander acknowledges that the design, permitting and installation of the traffic signal is expected to take the City at least nine (9) months to complete. (h) Town Center Code Waivers. Based on the Concept Plan and Highlander's agreement to the terms and conditions set forth in this Agreement, the City Commission hereby grants the following waivers to the Town Center District Code pursuant to the special exception criteria enumerated in Section 20-321(c): (1) The buffer wall requirement along the southern perimeter boundary as required by Section 20-417. (2) The frontage road required by Section 20-325(c)(8), except as shown on the Concept Plan. (3) The Edge Drive requirements set forth in Section 20-325( c )(11) and the Squares, parks, and streets map in Section 20-325( c), provided the Collector Road and other streets are designed, permitted, and constructed in accordance with the Concept Plan. In addition, the Collector Road shall comply with the modified Edge Drive section plan attached hereto as Exhibit "C" and a total of a minimum of one hundred and three (103) on-street guest parking spaces are provided for the Project on the Property. (i) TrashlRefuse Pick-up. No trash dumpster shall be located on the Property. Trash and refuse service to the townhome units and common areas will be provided for each individual townhouse unit or area by individual containers and pickup shall be required in the alleys depicted on the Concept Plan. (j) Wall Reauirement. In accordance with Section 20-417, Winter Springs City Code, Highlander shall construct an opaque wall of six (6) feet in height along the Developer's Agreement City of Winter Springs and Highlander, LTD. Page 5 of 17 full length of the western property line excluding the frontage road. Vegetative screening shall also be provided along the western property line excluding the frontage road. (k) Mandatorv Homeowner's Association ReQuired. Highlander shall form a mandatory homeowners association (the "Homeowners' Association") for purposes of maintaining any and all common areas, landscaping, entrance signs, walls, fences, recreational areas, and stormwater facilities associated with the Project. A separate Declaration of Covenants, Conditions and Restrictions (the "Declaration") will be executed and recorded among the Public Records of Seminole County, Florida to evidence the formation of the Homeowners' Association and establish its rights, duties and obligations. The Declarations shall be in a form acceptable to the City Attorney and shall require the Homeowners' Association, and the members thereof, to be bound by the terms and conditions of this Agreement. (1) Construction and Use of Model Homes. Prior to the recording of the final plat, the City agrees to permit Highlander to construct model townhouse units under the following conditions: (1) The model townhouse units shall be contained in a single building and shall not exceed five (5) individual units. (2) The model townhouses shall remain under Highlander's ownership and control until such time as the final plat is recorded by the City and a final certificate of occupancy for each unit is issued under the conditions set forth below. In other words, Highlander shall not contract for sale, sell, or lease any of the individual model townhouse units until such time as the City approves and records the final plat for the Project and issues a final certificate of occupancy for each unit. (3) The model townhouse units shall be located along the Urban Boulevard depicted on the Concept Plan. (4) Prior to construction, the model townhouses shall be duly permitted by the City in accordance with all City Codes. As part of the building permit application, Highlander shall submit, along with all construction plans for the townhouse units, a duly certified boundary survey which shall depict the location and legal description of the model townhouse site and each individual model townhouse lot. Highlander acknowledges and agrees that this legal description is intended to coincide with the eventual location of the townhouse lots as depicted and legally described on the final plat. Highlander assumes full and complete responsibility and liability in the event that said legal descriptions do not conform to the lot lines required by the City in the final plat. (5) At such time the Building Official completes and approves a final inspection of the model townhouse units, the City will issue a temporary certificate of occupancy. Said temporary certificate of occupancy shall be issued for the model townhouse building as a whole, not by individual units. Occupancy of the townhouse units shall be limited to the sale and marketing efforts for the Project. In addition, Developer's Agreement City of Winter Springs and Highlander, LTD. Page 6 of 17 Highlander shall have the right to utilize one garage in the model townhouse building as a temporary sales office. (6) At the request of Highlander or at such time the Project development is completed, whichever occurs sooner, the model townhouse units shall be converted into permanent residential units and the City shall issue individual certificates of occupancy for each model townhouse unit; provided, however, the final plat is approved and recorded by the City and the Building Official determines that the units are suitable for permanent residential occupancy and in compliance with the City Code. (m) Ri!!ht-of-wav alon!! Southern Border of Property. The parties acknowledge and agree that an unimproved right-of-way owned by the City is located along the southern perimeter of the Property and abuts the adjacent Tuskawilla Trails manufactured home park. The City agrees that Highlander shall have the nonexclusive use of the right-of-way for purposes of constructing an alley and vegetative screening as depicted on the Concept Plan and approved by the City. The vegetative screening shall be installed and maintained along the entire southern boundary of the right-of-way for purposes of screening the Project from Tuskawilla Trails. In consideration of receiving the nonexclusive benefit of using this right-of-way to enhance the Project, Highlander agrees, at its cost, to maintain at all time said right-of-way, and all Project improvements thereon, in a good and reasonable condition. (n) Recreational Area. Highlander shall be required to provide and maintain a recreational area within the Project in accordance with the Concept Plan and final engineering plans approved by the City. (0) Guest Parkin!! Spaces. Highlander shall construct a mInImUm of one hundred and three (103) on-street guest parking spaces within the Project. (p) Development Permit Fees. Highlander agrees to pay all ordinary and customary development permit fees imposed by the City including, but not limited to, application, building, and impact fees. The City agrees, however, that the annexation, town center future land use map comprehensive plan amendment, and town center rezoning application fees are hereby waived. Such fees are waived in consideration of Highlander's agreement to fully cooperate with the City's efforts to administratively process such applications in furtherance of the Town Center policies contained in the City's Comprehensive Plan. 5. Representations of the Parties. The City and Highlander hereby each represent and warrant to the other that it has the power and authority to execute, deliver and perform the terms and provisions of this Agreement and has taken all necessary action to authorize the execution, delivery and performance of this Agreement. This Agreement will, when duly executed and delivered by the City and Highlander and recorded in the Public Records of Seminole County, Florida, constitute a legal, valid and binding obligation enforceable against the parties hereto and the Property in accordance with the terms and conditions of this Agreement. Highlander represents that it has voluntarily and willfully executed this Agreement for purposes Developer's Agreement City of Winter Springs and Highlander, LTD. Page 7 of 17 of binding the Property and the Homeowners' Association, and the members thereof,Jo the terms and conditions set forth in this Agreement. 6. Successors and Assifms. This Agreement shall automatically be binding upon and shall inure to the benefit of the City and Highlander and their respective successors and assigns including, but not limited to, the Homeowners' Association and the members thereof. The terms and conditions of this Agreement similarly shall be binding upon the Property and shall run with title to the same. 7. Applicable Law. This Agreement shall be governed by and construed III accordance with the laws of the State of Florida. 8. Amendments. This Agreement shall not be modified or amended except by written agreement duly executed by both parties hereto (or their successors or assigns) and approved by the City Commission. 9. Entire Aereement. This Agreement supersedes any other agreement, oral or written, and contains the entire agreement between the City and Highlander as to the subject matter hereof. 10. Severability. If any provision of this Agreement shall beheld to be invalid or unenforceable to any extent by a court of competent jurisdiction, the same shall not affect in any respect the validity or enforceability of the remainder of this Agreement. 11. Effective Date. This Agreement shall become effective upon approval by the City Commission and execution of this Agreement by both parties hereto. 12. Recordation. This Agreement shall be recorded in the Public Records of Seminole County, Florida. 13. Relationship of the Parties. The relationship of the parties to this Agreement is contractual and Highlander is an independent contractor and not an agent of the City. Nothing herein shall be deemed to create a joint venture or principal-agent relationship between the parties, and neither party is authorized to, nor shall either party act toward third persons or the public in any manner, which would indicate any such relationship with the other. 14. Sovereien Immunitv. Nothing contained in this Agreement shall be construed as a waiver of the City's right to sovereign immunity under Section 768.28, Florida Statutes, or any other limitation on the City's potential liability under the state and federal law. 15. City's Police Power. Highlander agrees and acknowledges that the City hereby reserves all police powers granted to the City by law. In no way shall this Agreement be construed as the City bargaining away or surrendering its police powers. 16. Interpretation. The parties hereby agree and acknowledge that they have both participated equally in the drafting of this Agreement and no party shall be favored or disfavored regarding the interpretation to this Agreement in the event of a dispute between the parties. Developer's Agreement City of Winter Springs and Highlander, LTD. Page 8 of 17 17. Third-Party Ril!hts. This Agreement is not a third-party beneficiary contract and shall not in any way whatsoever create any rights on behalf of any third party. 18. Specific Performance. Strict compliance shall be required with each and every provision of this Agreement. The parties agree that failure to perform the obligations provided by this Agreement shall result in irreparable damage and that specific performance of these obligations may be obtained by a suit in equity. 19. Attornev's Fees. In connection with any arbitration or litigation arising out of this Agreement, the prevailing party shall be entitled to recover reasonable attorney's fees and costs through all appeals to the extent permitted by law. 20. Development Permits. Nothing herein shall limit the City's authority to grant or deny any development permit applications or requests subsequent to the effective date of this Agreement. The failure of this Agreement to address any particular City, County, State and/or Federal permit, condition, term or restriction shall not relieve Highlander or the City of the necessity of complying with the law governing said permitting requirement, condition, term or restriction. Without imposing any limitation on the City's police powers, the City reserves the right to withhold, suspend, or terminate any and all certificates of occupancy for any building or unit if Highlander is in breach of any term and condition of this Agreement. [SIGNATURES FOLLOW ON NEXT PAGE] Developer's Agreement City of Winter Springs and Highlander, LTD. Page 9 of17 IN WITNESS WHEREOF, the parties have hereunto set their hands and seal on the date first above written. CITY OF WINTER SPRINGS enzo Luaces, City Clerk ~ ' . . APPROVED AS TO FORM AND LEGALITY For the use and reliance of the City of Winter Springs, Florida, only. eln o~. CgYSEAi......./~, . "'-'" \ \) ;.; o...? . .;, f :;~ .. '(/~ ~.r...' I.") : ("") . ,." r- .. ,- : ,......, ; r'l: <? E....: ;'.J ; . .~ '~'" - . t:?', v f'" '- . : ..._. -:: , ~'.', '" r'I '\ ")' .-- ~ ....., \} -~ C)'- ...., .t.-/'/..... .' c;; .;- . , . , I', .~, 0 R'\ P ~ , ' . , ,-..'" By: Dated: Developer's Agreement City of Winter Springs and Highlander, LTD. Page 10 of 17 .~~ Signature ofWitness~ - ~~ ~~y~ Printed Name of Witness ' HIGHLANDER INVESTMENTS, LTD., a FIOriU.f\ ,~ . led P p~artnershil ' By: \U-JJ M (j Printed Name: 1:>~)~ W. J'j~J...<-c'd Title: fflE::5 Signed, sealed and delivered in the presence of the following witnesses: ~ I1lE~ ~ture of Witness .&>. ~ WL)4. P1, '// /f/ sCJIt/ Printed Name {-Witness STATE OF FLORIDA COUNTY OF ~ /"'4 ""l9 "2... . The foregoing instrument, was acknowledged before me this ~ r-6 day of ~r/ , 2004,by~~d/...t/.~c~-'d , as ~".~d'~ of HIGHLANQERJ'NVESTMENfS;- ., a Florida limited partnership, on behalf of said partnership. ~e is pers~n. ally known to me produced as identificatio . (NOTARY SEAL) (Print Name) . Notary Public, State Commission No.: My Commission Expires: Developer's Agreement City of Winter Springs and Highlander, LTD. Page 11 of 17 - EXHIBIT" A" Legal Description Parcel 36-20-30-502-0000-0020: That part of the unplatted part of Block B of Mitchell's Survey of the Levy Grant described as beginning at a point 1186 feet North 38045' West of the most Easterly Comer of that part of said Block B lying South West ofthe Sanford-Oviedo Road and running North 38045' West 400 feet along the Westerly line of the Sanford-Oviedo Highway; thence South 51015 ' West 351.1 Feet; thence South 22015' East 417.6 feet; thence North 51015' East 470.78 feet to the Point of Beginning, all in Block B of Mitchell's Survey of the Levy Grant, according to plat thereof as recorded in Plat Book 1, Page 5, Public Records of Seminole County, Florida, Less and Except the right of way for State Road 434, formerly Sanford-Oviedo Road. TOGETHER WITH: Parcel #36-20-30-502-0000-0040: Beginning at the most Easterly comer of Block B, ofD.R. Mitchell's Survey of the Levy Grant, recorded in Plat Book 1, Page 5, lying on the South and West side of the paved road from Sanford to Oviedo; thence along the Southwesterly side of said paved road North 38 degrees 45 minutes West 986 feet for the point of beginning; thence North 38 degrees 45 minutes West 100 feet; thence South 51 degrees 15 minutes West 250 feet; thence South 38 degrees 45 minutes East 100 feet; thence North 51 degrees 15 minutes East 250 feet to the Point of Beginning; Less and except right-of-way for State Road 434. TOGETHER WITH: Parcel #36-20-30-502-0000-004B: Beginning at the most Easterly comer of that part of Block "B" of the D. R. Mitchell Survey of the Levy Grant, as recorded in Plat Book 1, Page 5, of the Public Records of Seminole County, Florida, lying South and West of the paved road from Sanford to Oviedo; thence along the Southwesterly side of the said paved road North 38 degrees 45 minutes West 1086 feet; thence South 51 degrees 15 minutes West 235 feet for a point of beginning; thence North 38 degrees 45 minutes West 100 feet; thence South 51 degrees 15 minutes West 235.78 feet; thence South 22 degrees 15 minutes East 104.4 feet; thence North 51 degrees 15 minutes East 265.7 feet to the point of beginning. TOGETHER WITH: Parcel #36-20-30-502-0000-004C: Beginning at the most Easterly comer of that part of Block B of the D.R. MITCHELL SURVEY OF THE LEVY GRANT as recorded in Plat Book 1, Page 5, Public Records of Seminole County, Florida, lying South and West of paved road from Sanford to Oviedo, thence along the Southwesterly side of said paved road North 38 degrees 45 minutes West 986 feet, thence South 51 degrees 15 minutes West 250 feet for a POINT OF BEGINNING, thence South 51 degrees 15 minutes West 100 feet, thence North 38 degrees 45 minutes West 100 feet, thence North 51 degrees 15 minutes East 100 feet, thence South 38 degrees 45 minutes East 100 feet to the POINT OF BEGINNING. AND Beginning at the most Easterly comer of that part of Block B of the D.R. MITCHELL SURVEY OF THE LEVY GRANT as recorded in Plat Book 1, Page 5, Public Records of Seminole County, Florida, lying South and West of paved road from Sanford to Oviedo, thence along the Southwesterly side of said paved road North 38 degrees 45 minutes West 986 feet, thence South 51 degrees 15 minutes West 350 feet for a POINT OF BEGINNING, thence North 38 degrees 45 minutes West 100 feet, thence South 51 degrees 15 minutes West 150.70 feet, thence South 22 degrees 05 minutes 34 seconds East 104.38 feet, thence North 51 degrees 15 minutes East 180.62 feet to the POINT OF BEGINNING. TOGETHER WITH: Parcel #36-20-30-502-00000-004A: Beginning at the most Easterly comer of that part of Block B of the D. R. MITCHELL SURVEY OF THE LEVY GRANT, as recorded in Plat Book 1, Page 5, of the Public Records of Seminole County, Florida, lying South and West of the paved road from Sanford to Oviedo; thence along the Southwesterly side of the said paved road North 38 degrees 45 minutes West 1086 feet to the POINT OF BEGINNING; thence North 38 degrees 45 minutes West 100 feet; thence South 51 degrees 15 minutes West 235 feet; thence South 38 degrees 45 minutes East 100 feet; thence North 51 degrees 15 minutes East 235 feet to the POINT OF BEGINNING, LESS AND EXCEPT right-of-way for State Road 434. TOGETHER WITH: Parcel #36-20-30-502-0000-0050 and 36-20-30-502-0000-0060: Commence at the most Easterly comer of that part of Block B of the D. R. Mitchell Survey of the Levy Grant as recorded in Plat Book 1, Page 5, of the Public Records of Seminole County, Florida, lying South and West of the paved road from Sanford to Oviedo; thence along the Southwesterly side of said paved road North 38045'00" West, 786.00 feet to the POINT OF BEGINNING; thence North 38045'00" West, 200.00 feet; thence South 51015'00" West, 530.12 feet; thence South 22008' 19" East along the easterly line of a 30 foot wide unnamed right-of-way per said D. R. Mitchell Survey of the Levy Grant, a distance of 208.71 feet; thence North 51015'00" East, 589.79 feet to the POINT OF BEGINNING; same lot being Lot 5 of survey of Joe E. Johnston, C.B. Deed Book 147, Page 221. Less right of way for State Road 434 pursuant to that certain Order of Taking recorded in Official Records Book 2831, Page 1024, of the Public Records of Seminole County, Florida; AND Lot 6, Joe E. Johnston Survey, Block B ofD. R. Mitchell Survey of the Levy Grant, Plat Book 1, Page 5, Public Records of Seminole County, Florida. That part of the unplatted part of Block B of the D.R. Mitchell Survey of Levy Grant in Seminole County, BEGINNING at a point 586.00 feet North 38045'00" West of the most Easterly comer of said unplatted part of Block B, lying South and West of the paved road leading from Sanford to Oviedo, thence North 38045'00" West, 200.00 feet along Westerly line of the Sanford-Oviedo Highway; thence South 51015'00" West, 589.79 feet; thence South 22008'19" East along the easterly line of a 30 foot wide unnamed right-of-way per said D. R. Mitchell Survey of the Levy Grant, a distance of 208.71 feet; thence North 51015'00" East, 649.45 feet to the POINT OF BEGINNING, same being Lot 6 of a Survey made by Joe E. Johnston, c.B. LESS a parcel of land being described as: Beginning at a point 686 feet North 38045' West of the most Easterly comer of unplatted part of Block B, of D. R. Mitchell Survey of the Levy Grant, according to the plat as recorded in Plat Book 1, Page 5, Seminole County, Public Records, lying South and West of the paved road leading from Sanford to Oviedo, thence North 38045' West 100 feet along Westerly line of the Sanford- Oviedo Highway, thence South 51015' West 200 feet thence South 38045' East 100 feet, thence North 51015' East 200 feet to the point of beginning, same being a part of Lot 6 of Survey made by Joe E. Johnston, CEo LESS right-of-way for State Road 434 pursuant to that certain Order of Taking recorded in Official Records Book 2831, Page 1024, of the Public Records of Seminole County, Florida. TOGETHER WITH: Parcel #36-20-30-502-0000-006A: Beginning at a point 686 Feet North 38045' West of the most Easterly comer of unplatted part of Block B of D. R. Mitchell Survey of the Levy Grant, according to the plat thereof as recorded in Plat Book 1, Page 5, of the Public Records of Seminole County, Florida, lying South and West of the paved road leading from Sanford to Oviedo, thence North 38045' West 100 Feet along Westerly line of the Sanford-Oviedo Highway, thence South 51015' West 200 Feet, thence South 38045' East 100 Feet, thence North 51015' East 200.00 Feet to the point of beginning, same being part of Lot 6 of a survey made by Joe E. Johnston, C.E., less right of way for State Road 434 pursuant to that certain Order of Taking recorded in Official Records Book 2831, Page 1024 of the Public Records of Seminole County, Florida. '. . - m '-II .,. I- ~ D - - m u ~ - J: .,. u >< c - W ~ 5 (l) ~ 0 d) (l) u ;> 0 ~ d) ~ r/j ~ 3 d) 0 ("'\l ~ ~ ~, crJ ('f) ("'\l OJ) .... rJ:J ~ 0 ::s bJ) .~ ::s ;j ~ < r/j ~ r/j r/'J d) ~ ~ (l) ~ 0 ~ . . ------------------- Jessup Reserve Winter Springs Town Center Concept Plan 170 units 4-Unit Townhome Building Jessup Reserve Winter Springs Town Center Canin Associates Urban and Environmental Planners Levitt and Sons America's Oldest Homebuilders www.levittandsons.com . 6-Unit Townhome Building Jessup Reserve Winter Springs Town Center Winter Springs Town Homes 2-Story Units Levitt and Sons Winter Springs Town Homes 3-Story Units Levitt and Sons Winter Springs Town Homes Pool Building Proposed Elevation Levitt and Sons EXHIBIT "C" Modified Edge Drive Plan Below is the Edge Drive street section modified to accommodate sidewalks and grccn strips on both sides, making double-loading with buildjn8~ possible: BROWN, GARGANESE, WEISS & D'AGRESTA, P.A. Attorneys at Law ,er L. Brown + J erIrey P. BuakD Suzanne D'AgrestaD Anthony A. GarganeseD Jeffrey S. Weiss Offices in Orlando, Kissimmee, Cocoa & Viera +Board Certified Civil Trial Lawyer DBoard Certified City, County & Local Government Law RECEIVED f'iAY 3 1 2005 Debra S. Babb-NutcherD Joseph E. Blitch Victoria L. Cecil Scott J. Dornstein Amy J. Goddard Katherine Latorre CITY OF WINTER SPRINGS Community Development Erin J. O'Leary J. W. Taylor Of Counsel May 27, 2005 Mr. David W. McLeod, President Highlander Investments, Ltd. 6966 Venture Circle Orlando, Florida 32807 Re: City of Winter Springs/Highlander Investments, Ltd. Town Center Phase I Site Development Permit Agreement Our File No.: 1193 Dear David: Enclosed please find a recorded copy of the Town Center Phase I Site Development Permit Agreement concerning the referenced matter. If you have any questions or comments, please contact me. Anthony A. Garganese AAG/cg Enclosure cc: Randy Stevenson (w/encl.) 225 East Robinson Street, Suite 660 . P.O. Box 2873' Orlando, Florida 32802-2873 Orlando (407) 425-9566 Fax (407) 425-9596 . Kissimmee (321) 402-0144 . Cocoa & Viera (866) 425-9566 Website: www.orlandolaw.net.agarganese@orlandolaw.net