HomeMy WebLinkAbout2002 02 11 Regular L U.S. Post Office Retention Pond
012802 Commission Meeting
Regular "D" Commissioner Blake Request
COMMISSION AGENDA
ITEM L
CONSENT
INFORMATIONAL
PUBLIC HEARING
REGULAR X
02/11/02
Meeting
MGR.~EPT
Authorization
REQUEST: Community Development Department requesting that the
Commission consider and approve a development agreement for a 16.64 acre tract
located on S.R. 434 just west of the U. S. Post Office retention pond.
PURPOSE: The purpose of this agenda item is to request that the Commission approve a
development agreement addressing issues pertinent to the Wagner's Curve Townhouse and
Commercial project.
APPLICABLE LAW:
Section 166.021, Florida Statutes
1. As provided in s. 2(b), Art. VIII of the state Constitution, municipalities shall
"have the government corporate, and proprietary powers to enable them to
conduct municipal government, perform municipal functions, and render
municipal services, and may exercise any power for municipal purposes,
except when expressly prohibited by law.
2. "Municipal purpose" means any activity or power, which may be exercised by
the state or its political subdivisions.
FINDINGS:
The development agreement is authorized pursuant to the Municipal Home Rule Powers Act,
as provided in s 2(b), Article VIII of the Florida Constitution and Chapter 166, Section
166.021, Florida Statutes.
The development agreement is consistent with the City's Comprehensive Plan and Code of
Ordinances.
The development agreement provides for reasonable use of the subject property, while
addressing issues and concerns pertinent to the present and future use of the site.
CONSIDERATION: As stated above.
The developer agrees that the residential property shall be developed generally in accordance
with the Town Center District Code.
FUNDING: Not applicable.
RECOMMENDATION: Staff recommends that the City Commission approve the attached
development agreement.
ATTACHMENTS: Development Agreement, as provided by the City Attorney on February
7,2002
COMMISSION ACTION:
Prepared by and Return to:
Anthony A. Garganese. City Attorney
Brown, Ward. Salzman & Weiss, PA
225 E. Robinson Street. Suite 660
P.O. Box 2873
Orlando. FL 32802-2873
Parcell.D. Nos, 26-20-30-5AR-ODOO-18C
26-20-30-5AR-ODOO-0200
~~,) ~
---s ri> I
BINDING DEVELOPMENT AGREEMENT
THIS BINDING DEVELOPMENT AGREEMENT (herein referred to as the
ADevelopment Agreement@), made and executed this
day of
,2002,
by and between the CITY OF WINTER SPRINGS, a Florida municipal corporation (herein
referred to as the ACity@), 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 ASprings@), 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 AJessup@), 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
ACentex@), 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 AA@ attached hereto and incorporated herein
by reference (herein referred to as the ASubject Property@); and
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WHEREAS, the Subject Property is currently within an area designated as AC-1
Neighborhood Commercial District@ according to the zoning classification records of the
City; and
WHEREAS, Centex has entered into a contract to purchase a portion of the Subject
Property from Springs and Jessup for development as an attached multifamily town home
residential community, described in Exhibit AG@ attached hereto and incorporated herein
by reference (herein referred to as the AResidential 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 AH@ attached hereto and
incorporated herein by reference (herein referred to as the ACommercial 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
Commercial Property, and by the guests and invitees of such owners and occupants
described in Exhibit AI@ attached hereto and incorporated herein by reference (herein
referred to as the APrivate Entry Street@), and a landscaped and improved area adjacent
to the Private Entry Street described in Exhibit AJ@ attached hereto and incorporated
herein by reference (herein referred to as the AEntry Feature Property@); and
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WHEREAS, Springs and Jessup and Centex are willing to develop the Subject
Property under its current AC-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
WHEREAS, the 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
herein contained, the parties agree as follows:
1. Recitals. The foregoing recitals are hereby incorporated herein by this
reference.
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2. Authority. 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 A 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 and 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.
Moreover, the City acknowledges that the underlying land use designation for the Subject
Property is AMixed 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
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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 A Townhome Plans@) attached hereto as Exhibit AB@ and incorporated herein by
reference, and the Residential Development Standards (herein referred to as
the@Townhome Standards@) attached hereto as Exhibit AC@ 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 Townhome 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 City, may be memorialized by an amendment to this Development
Agreement.
6. Phased Townhome Construction. City and Centex agree that the
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Townhome Buildings shall be constructed in the numerical sequence set forth in the
Townhome Plans attached hereto as Exhibit AB.@
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 ACommercial Standards@) attached hereto as
Exhibit AD@ 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 AE.@ The
Private Entry Street shall be platted along with either the Residential Property or the
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 issuancen
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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
plantings 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
substantiallv similar to that depicted on Exhibit AF.@ Construction of the improvements
depicted on the Entry Feature 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
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Jessup, or their successors in interest, jointly, shall have the right to amend the Entry
Feature 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 Entry Feature 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 to the City shall be subject to the right reserved to the
Residential Property to erect and maintain a sign 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
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
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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 AK@ of this agreement. In addition, the DO 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
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
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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 landscape 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
minimum of 22 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 (Le., number) of trees per acre
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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 SR. 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
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
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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 electrically
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
obligation to provide maintenance for any portion of such 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
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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. Plattina: 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 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
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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 Assians. 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 Beneficiarv. 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
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 Aareement. This Development Agreement supersedes any other
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agreement, written or oral, and contains the entire agreement between the parties as to
the subject matter hereof.
23. Severabilitv. 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
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. Sovereian Immunitv. Nothing contained in this Development Agreement
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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. Citv=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
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 ~omplying 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.
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33. Attornevs= 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 (A Time
Period@) constitutes a default under the terms 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 (AUncontrollable 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. Citv=s Riaht to Terminate Aareement. Failure by Springs, Jessup, and/or
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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
immediately lose all rights and privileges granted hereunder.
SPRINGS LAN~IN STMENTS, L TO.,
a Florida IimiteCl part rship
By: EuroLerican Inv tors Group
a ~rida general pa~ship
By: Sunbelt Investors Group, Inc.
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By:
Date:
STATE OF FLORIDA
COUNTY OF
a Florida corporation
General Partner
A. C. Leerdam, President
The foregoing instrument was acknowledged before me this _ day of
2002, by , as of SPRINGS LAND
INVESTMENTS, LTD., a Florida limited partnership, [ ] who is personally known to me,
or [ ] who has produced as identification.
(SEAL)
NOTARY PUBLIC, State of Florida
My commission expires:
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WITNESSES:
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
By:
A. C. Leerdam, President
Date:
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this _ day of ,
2002, by , as of JESSUP SHORES LIMITED
PARTNERSHIP a Florida limited partnership, [ ] who is personally known to me, or [ ]
who has produced as identification.
NOTARY PUBLIC, State of Florida
My commission expires:
(SEAL)
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WITNESSES:
CENTEX HOMES, a Nevada general
partnership,
by: CENTEX REAL ESTATE CORPORATION,
a Nevada corporation, Managing General
Partner
By:
Patrick J. Knight
Division President
Date:
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this _ day of ,
2001, by , as of CENTEX HOMES, a Nevada
general partnership, [ ] who is personally known to me, or [ ] who has produced
as identification.
NOTARY PUBLIC, State of Florida
My commission expires:
(SEAL)
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DEVELOPMENT AGREEMENT
LIST OF EXHIBITS
EXHIBIT AA@
LEGAL DESCRIPTION OF THE SUBJECT PROPERTY
EXHIBIT AB@
TOWNHOME PLANS
EXHIBIT AC@
TOWNHOME RESIDENTIAL STANDARDS
EXHIBIT AD@
COMMERCIAL STANDARDS
EXHIBIT AE@
PUBLIC ENTRY STREET PLANS
EXHIBIT AF@
ENTRY FEATURE PLANS
EXHIBIT AG@
LEGAL DESCRIPTION OF THE RESIDENTIAL PROPERTY
EXHIBIT AH@
LEGAL DESCRIPTION OF THE COMMERCIAL PROPERTY
EXHIBIT AI@
LEGAL DESCRIPTION OF THE PUBLIC ENTRY STREET
EXHIBIT AJ@
LEGAL DESCRIPTION OF THE ENTRY FEATURE
PROPERTY
EXHIBIT AK@
PREFERRED PLANT LIST
F:\DOCS\City of Winter Springs\Wagner's Curve Development\Agreements\Wagners Curve Dev Agmt FINAL 2,7,02.wpd
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Sent By: BROWN,WARD,SALZMAN&WEISS,P.A.j 407 425 9596;
Feb-7-02 11 :27AMj
Page 2
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 1- 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
Sent By: BROWN,WARD,SALZMAN&WEISS,P.A.j 407 425 9596j
Feb-7-02 11 :27AM;
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 grantl plat book 1 page 5
And also
Lot 20, south of the new S.R.434 ( less the east 219 feet) block D, Dr. Mitchell's
survey of the levy grant, plat book 1, page 5.
Page 3
Sent By: BROWN,WARD,SALZMAN&WEISS,P.A.j
407 425 9596j
Feb-7-02 11 :27AMj
Page 4
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Sent By: BROWN,WARD,SALZMAN&WEISS,P.A.j 407 425 9596;
Feb-7-02 11 :28AM;
Page 5
Exhibit C
Residential Oevelopment 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 Propertv line:
Principle building -10'
Covered open porch - 10'
West Prooerty line:
Principle building -10'
Covered open porch - 10'
South Prooe(ty line:
Principle building -20'
Covered open porch - 12'
Minimum Lot size: 1,800 sJ. (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.
Sent By: BROWN,WARD,SALZMAN&WEISS,P.A.j 407 425 9596j
Feb-7-02 11 :28AMj
Exhibit 0
Commercial Development Standards
Total land area: 1.6 acres
land use: All uses permitted in the C-1 zoning district & Professional Office
19wn Center District Design Standards: Town Center District Code includino.
but not limited to:
1. All buildinQs shall be constructed to the "build-ta-Iine". as defined in the Town
Center District Code.
2. All buildinos shall be at least two stories in heiQht
3. The architecture of all buildinos and structures shall be ceneraUy in keeoinc
with nee-traditional architectural and other design standards reflected in the
Town Center District Code.
Page 6
Sent By: BROWN,WARD,SALZMAN&WEISS,P.A.j
407 425 9596j
Feb-7-02 11 :28AM;
Page 7
Exh ibit E
5' Sidewalk
Access to
commercial parcel
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Typical Road Section
F24' Private
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12' 12'
6X 12
Ribbon Curb
Shared Entry Road Section
Access Easement
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exrt lanes lane L 5 sidewalk
2' Miami cuJ -~:able cur~
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land PIaI#lOl//, l'-". JlrcllfCl<1l1c, Prl1i<<1"'~ ~ Q,,1AlDIlI
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Pri"'Q~ En S1r88t Plans
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Exhibit F
Decorative brick pavers
Low shrubs an
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Plan View
Flowering shrubs
and accent plants
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LBnd Pfannng, Lsooscspe Archlec1.ure, Project Management. Development COnsulfig
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Ent Feature Plans
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434 Frontage Eleva:ion
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Exhibit I
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Sent By: BROWN,WARD,SALZMAN&WEISS,P.A.j
407 425 9596j
Feb-7-02 11 :30AMj
Page 12/18
Exhibit J
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Ball cap on 2" post B' o.C.
Press point finial
,. 3 Rail Aluminum Fence
Brick Column not
less than 50' a.c.
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West & South property fence
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Sent By: BROWN,WARD,SALZMAN&WEISS,P.A.j
- , 407 425 9596j
Feb-7-02 11 : 30AM j
Page 13/18
c"ecl. A', ..~,lGc: c;;(~OIT ."~T
T;te! OR ~Ge SHf'Ue N,l,\la SIZ! IUTld COST V,\.L.UE eA:;'~
.., 3Iu,:cri HOlly M'.lIIf-cttlnk 250:>0 ~a"'~' z.: .s c;Q, <:0 S 2ca. -:u ;1 1 l-J,OO
:S ,nCS~" StQi:lC.r ~~30 ;.1..1' Z.t S 9O,OQ .s :l-:a.ca S , 10.00
;;";"',T'1 O~.. jt~ltrt. &Sal. 30 4~1..:t' .._1 S 12~.OO S ::o.an J , is.CO
Ii! .;,..;:)i(\da Palm ~;al,.S' 3.1 S 100.00 ,5 ~co.ca S 1'i~,CO
E:..I'': ')4.3" Fan palm ~CJaj.. .j' :)'1 .5 ,SC.OO 5 3CO.~C S 175,CO
C~i:'hne Fan Patin 30 ~41.. S' ~.I S 1CO..:IO S 300 00 S 175.00
CAt'!.ary .,taoa Caw"*'" ~ gll.. e' ~t $ 1CO.OO S 300.00 S 175.00 I
O:ll~ p,.lm. P. CI.~.,m.'" 30 g.... ~ 3.1 S lCO.OO S SOQ,CO S '75,QO I
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l,'/irarrill Palm ~ gal., 8' :)-' S 1$0.00 .s ~OO. ~O S t 5Q,OO i
sa~o JO pl.. :r ',1 S 150.00 S 300.00 S 1 SQ.OQ I
l...Uh! ~4n\ MaGna". 2S.30 ;.1..6' ~~ S tOO,04I S 300.00 S 2CJe oa \
~ iO 8ud 150-30 QII.... ~t S 125.0Q .s 300,00 S t 75.00 \
c: an:lli1et Hoffy 1SoJO 1111&..1' )..1 S t25.(10 S 3QO.00 I 17S.CG
C u:iVI! MollY 25-30 ;pI..5' 3., S 125.00 S 300.00 J t 75.00 \
P::t!'n H~17 25-30 p..II' ~1 $ 125 GO .s ~O.OC ! 17".00
Q .l~IC.' "oily 25030 gll.,8' . . 3.1 S 125.00 S 300.00 $ 175.00
5:;Jartar: JUniper Z~ QII..&' ,.1 S t 1 $.00 S 3tJO.CC S 1 es,oo
'j" c: l'Ufosa ,Iu.,aper 25-30 gal..r 2.1 s 10:00 s 2CO.OC S 110.00
F~/1r'Ig 00qWQCl4 25-30 gat.,I' ~1 $ 125.00 S ~.QO I 175.00
earn.ala 25-30 O.L" ~I S ,d.OO $ 300.00 S 1.55.0Cl
Ja"an.s.81"obeny 2~30 Oaf..1t ,., S 1213.00 S :&00,00 S laO.C<2
L')l:lcUy Bay 2$-10 0*1..1' 2.' $ IQ.ClQ S :!CO CO S 1l0.CO
'J~r.c;ht vaupon HoD, 1.5 Qal.. .. 2-1 S "'0.00 $ 2<lO.CO J , 10.00
....'-e=CJng y~ ttGlty 2!-:)(IgIL,8' :J.~ J l~O.CO $ 3OO.eO 3 200.00
L :,,;elilum Sland8tcl t ~ 0.... SO '-1 "- ICO.CO S 300.c;O S MCI.OO
,:;n.r.k.aS3W Prum lS gat.. .. 2-1 S t5.oa S 200.00 .:s '05,00
~!~ el,lr;!leye 1.5 p.. ,- ,., S SO.CO $ 2'.10.00 S t 30.00 ..'
My;://!! Oak 15 ga... 5' 2.' S 50.ca S aOO.OO 5 I 50.CO
C:t.:ae9~ U qel.. .' 2.' S 50,00 $ ZCCJ.OO S 1 50,00
F~n~lt T:8!! 1 S gal.. II' 2-1 S 50 CO S ZCQ.OO ~ 150.00
~-1~e:~i3 30 g.'.. e' 2'~ S 7S.CO S 200.00 .s 115.00
: ,...:'Iinia ~afplt:11I '0 gaL. S' :z. . S S~.10 S 2~o.e\l S ,SO.CO
S',..'!~tlTu Ol;..,e 1 S gll.. e' 2.: S so.oo S 2GO.ec $ 1 !c.cc
!...::;__ st~:.im St."dald 4.5 O_I..a.,:r S--~ s ~OOO ~ 5CO.CO $ 2CO .CO
C'3;!! \1'1~le Sta~ar::1 ..S gal.." 10' ~l ~ 3.50 ao 3 !OO,eC .5 , :OJlO
'( ....'.~~~ HOlly $Ultldarcl 250]0 gat.!' :)-1 S l~O.Oa S JCQ,QO S 4:00,CQ
','j a;~'!c"'s '/iblolrnum Stal'Id.td 2S.~ oal.,8' 300' S leO,CO S 3QO .::4J S %<10.00
N~.,-1le p~lm 2~lO O~..S' 4-! S 200.CO S 4CO.CO $ 200 .00
~'/~my Date Palm. tti~le 3Q~I.,.' J-' .s 150.CO S JOQ.OO S , SQ.Q(3
S..ti1.Pjr:OCl Palm as ~a1.. I' ..., S 200.00 S ,(co.cc $ 200,00
='..rr.~~3n ::an Palm ~.5 oal.. 5' S-l S 2~O,OO s 5':0. CO 5 150.00
Crir:.ltlr ran P.lm 'Ug.lll.... 5-1 S U,).:o $ 5QO,~ .s !iQ,oa
~","!,'l'"1 :;:,n4 O.le "111ft -s S ~al.. a' s- : S l~o.el) $ seo.co $ Z!(I.OC
Cl~~ i'.1lm. P. 401eytirlf,a '5 ':loll.. S' Sol 3 2S'].00 s SiJo.'::a S zso.oo
....i,.:1mll: ?alrn ;5 gal.. r . s.~ J 3ao.QO S 5~.CC 5 ~.CO
SJ~a as gal.. 4'" So-I S 250.00 S 500.c;O S 250,ca
l..iL:lot Gtm Magnall.. es 0.'.. r ,5., s 250.00 $ 5CQ.CO S 2.50.QG
Scar-an JII"i~e' ~S oal,. S' ~.1 .s 2S0.ClO " SeO.OO S 2S0.(l(
r,'I"';IC$,) J"niper .lJ5131.. S' ~I S 250,00 S 5~O.OO s 2~O,0( \
'J3/"'JI)f1 t-!clly 'lS ~a1..IO'lC4'rl' ~, S U5.oo S SCiO.OC , Z-:- .i.O(
!. ...0: ':).'1:0. 4lS ']81..'..&~~lIr 5-1 S 3CCl CO S 5':0.OC $ 210,0<'
.. ~J t'.; ~t1 :Im ';5 ';laUnslC21/2 .j.' 5 22S.:0 s i':O r.O 5 ti5.011
-= ~; .41;u.:.L~ '!; ~aJ..12'1~':.c.Z1"'2 ,i., 5 HS:O S 4.:0 :0 j : :'5.Cr)
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Sent By: BROWN,WARD,SALZMAN&WEISS,P.A.j 407 425 9596j
Feb-7-02 11 :30AMj
Page 14/18
Exhibit L
Residential Property legal Description
A Portion of Lots 19 & 20 Block D. 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 06"51 ',42" Wa distance of 50.00 feet; thence
N 25"24'17" E a distance of 175.49 feet to the southerly right of way line of state
road no. 434 per F.O.O.T. right of way map section 77070-2516 dated 12/10/98
and to an arc of a circular curve concaved 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 D; thence S 06013'08" E a distance of
775.96 feet to the point of beginning.
Sent By: BROWN,WARD,SALZMAN&WEISS,P.A.; 407 425 9596;
Feb-7-02 11 :31AMj
Page 15/18
EXHIBIT M
legal description commercial property
DESCRIPTION: (PARCEL 2)
A PORTION OF LOT 18 BLOCK OJ 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 83<<>08'18>> E ALONG THE SOUTHERLY LINE OF SAID BLOCK 0, A
DISTANCE OF 954.17 FEET TO THE POINT OF BEGINNING; THENCE
N06051'42" 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 12/10/98 ANO TO AN
ARC OF A CIRCULAR CURVE CONCAVED SOUTHERLY HAVING A RADIUS
OF 2685,00 FEET AND A CHORO 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 830Q8'18W 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 TO THE PLAT THEREOF, AS RECORDED IN
PLAT BOOK 1, PAGE 5, OF THE PUBLIC RECORDS OF SEMINOLE COUNTY,
FLORIDA.
BEING MORE PARTICULARLY OESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF SAID LOT 19, THENCE N
83008'16" E ALONG THE SOUTHERLY LINE OF SAIO lOT 19 FOR A
OISTANCE OF 954.17 FEET TO THE 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 FORA 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
Sent By: BROWN,WARD,SALZMAN&WEISS,P.A.j 407 425 9596j
Feb-7-02 11 :31AMj
Page 16/18
WAY UNE OF STATE ROAD NO. 434 PER F.O.O.T. RIGHT OF WAY MAP
SECTION NO. 77070-2516, DATED 12/10/98 AND TO AN ARC OF A
CIRCULAR CURVE CONCAVED SOUTHERLY HAVING A RADIUS 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 583008'18" W FOR A DISTANCE OF 495.00 FEET TO
THE POINT OF BEGINNING.
CONTAINING 1.60 ACRES +/-
Sent By: BROWN,WARD,SALZMAN&WEISS,P.A.j
Feb-7-02 11 :31AMj
407 425 9596;
Exhibit N
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P;Nl' Of" COMMEN9EMENT
~ \ LOT 26
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LOT 27 \
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l.E:CAl. D€SQlUpnON (AcCESs PARCEl.-8)!
A PORTION OF LOT 18 AND 19, BLOCK D. N'TCHEll'S SlJRI/EV OF tHE LEVY GRAHT, AcCORDING TO THE: PlAT lHEREo.",
AS RECOIIDED IN PlAT BOa< " p~ 5. OF 1ltE PUBUC RECORDS OF SEMINOLE COUNTY. FlORIDA.
BEING MORE PARTlCUl,MY DESCRJaEO AS F'Ol.lOWS:
COWMEka: AT 'nolE SOUlHYtQT CORNER OF lOT 20. stOCK 0. lHENC;E ~rE Al.ONC THE SOUn4ERl,.Y liNt OF SAJ)
LOT " AND 20 A OlS1ANCE Of' 85+.17 FEETl lliENCE I.E.AVlHG SAID SOUTH UHE RUN ND6~l'42"w A DlSTANCt OF 141.00
FEEl" to lltE POINT OF 8€GINNlHO; lHENCE CONTINUE N08'51'4.2"w A OI5TAfoICE OF taCO FEET: THENCE RUN 7HE
fOU..CMNO COURSES AM) DISTANCES "lltl'42"E A DISTANCE OF ltI.t2 Fro: lHDlCE RUN N&5Wlfn A D1STANa: OF
140.71 FEEl; llQCE N .>>"04'40. E A DISTANCE C)F '~M f'ELT 1'0 THE $CUlt! RlGHT--<lf'-WAY ~E Of' STAlE: ROAD
NO. 434 PER r.o.o.T. RlQHT-ClF'-WAY IIlAP stClTON NO. 77070-25t8, DATED DECDI~ 10. 18M. SAID PCKNT ALSO
BEING AN ARC OF A QMQJLAR. CUR'\fE CONCA't'E SOUIHEASlERLY HA\1NO /II. RADIUS OF 2~CO F'ttT AND A CHQRO
8fARlHG OF ~'2t"27"E; lHDIC&: 1l1RWGi A ~1RAL AHOlE OF 0I'SZ'4J" fIlUN SOU'JHfASnRl.y ALONe tHE ARc: OF
SAID aJRVE A DISTANCE oF _04 F!U 1'0 A POItT ON THE SAl0 SOU1H RlQfT OF WAY ~ THENCE LlAWCG SAID
SOU'TH UHE IIUtol 55''58'26'" A DlSTAfilct ", 22.57 nET:'THOfCI $U'21'~"'W A DISTANCE or 7"'8 FUT TO THE PQNT
CF ClJ1tV,,~ OF A c::I.lR\€ CONcA\'E NClRlH1lES1ERLY HAVING /II. ItADlUS OF '00.00 FEET AND A etCH) BEAlWtO OF
sae1,'04'"W; lH[NCE lHRClUCH A ~ ANCI.f: OF 48"48"28" fUiI lJOUlIotlASTERtv AlC>>tG 1H[ Me OF So\/O CUR't'E Ii
OI$TANCE OF aU7 FEET: m K PONT OF TMGEHCY 1HEM:( sanl'ln A DISTANCE OF la.eJ FlU; 10 lHt POINT
OF BEGINNING.
eaNTAINlIllG 0.51 A~:t
Page 17/18
Sent By: BROWN,WARD,SALZMAN&WEISS,P.A.j 407 425 9596j
Feb-7-02 11 :32AM;
Page 18/18
EXHIBIT 0
Legal description entry feature property
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 ANO OISTANCES N 06051'42" WEST FOR A
DISTANCE OF 125,00 FEET; THENCE S 51Q51'42" 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.D.T RIGHT-OF-WAY MAP
SECTION NO. 77070-2516, OATED 12110/98 AND TO AN ARC OF A
CIRCULAR CURVE CON CAVED 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 OIST ANCE 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 +/-
.'
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CITY OF WINTER SPRINGS
MINUTES
BOARD OF TRUSTEES - PENSION PLAN
REGULAR MEETING
JULY 30, 2002
~~~,(",.
I. CALL TO ORDER
The Board of Trustees - Pension Plan Regular Meeting was called to order by Chairman
Robert Nippes, on Tuesday, July 30, 2002 at 7: p,m. in the West Conference Room of the
Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida
32708).
Roll Call:
Chairman Robert Nippes, present
Vice Chairman Vernon Rozelle, arrived at 7:40 p.m.
Board Member Vincent Giannoni, present
Board Member Mark Queen, present
Board Member Mark Sardo, absent
II. CONSENT
CONSENT
A. Approval Of The May 28, 2002 Regular Meeting Minutes.
Chairman Nippes requested a Motion to approve the Minutes.
MOTION BY BOARD MEMBER QUEEN. "I'LL MAKE A MOTION TO
APPROVE THE MINUTES." SECONDED BY VICE CHAIRMAN ROZELLE.
DISCUSSION. WITH CONSENSUS OF THE BOARD, THE MOTION WAS
APPROVED.
MOTION CARRIED.
CONSENT
B. Approval Of The June 25, 2002 Special Meeting Minutes.
Again, Chairman Nippes requested a Motion to approve the Minutes.
MOTION BY VICE CHAIRMAN ROZELLE. "I'LL MAKE A MOTION WE
ACCEPT THEM AS SUBMITTED." SECONDED BY BOARD MEMBER
GIANNONI. DISCUSSION. WITH CONSENSUS OF THE BOARD, THE
MOTION WAS APPROVED.
MOTION CARRIED.
~
~
CITY OF WINTER SPRINGS
MINUTES
BOARD OF TRUSTEES - PENSION PLAN
REGULAR MEETING - JUL Y 30. 2002
PAGE 2 OF 3
III. REGULAR AGENDA
REGULAR
A. Review Of Trusco Capital Management Financial Statements With
Representative Mr. Tim Nash.
Mr, Tim Nash, CCM, Trustco Capital Management, Senior Managing Consultant, Public
Financial Management, 300 South Orange Avenue, Suite 1600, Orlando, Florida: spoke
of it "Being an ugly time in the market place" and elaborated on the past with the stock
market, equity markets and the real estate market. Mr. Nash explained how the Federal
Reserve determines whether the market is over or under valued; the market value of the
Wilshire 5,000 compared to the GDP; and "Why do we buy stocks?"
Discussion ensued regarding the recent scandals in "Corporate America"; what role the
Government should play in the future; "Institutional buying coming back in to the market
place"; and the outlook for Worldcom; and Enron.
Mr. Nash then repOlied the performance of the pension portf()lio; and recommended not
making "Any changes to the asset allocation."
Discussion.
Ms. Louise Frangoul, Finance Department Director informed the Board that the Pension
Attorney "Would have Pension documents to us this week" and inquired if a Special
Meeting should be held to review those documents.
Tape l/Side B
Discussion followed regarding whether "The buy-back" provision is included in the
document. It was the consensus of the Members to have the document sent to them for
review. City Manager Ronald W. McLemore explained that the document would not go
before the
IV. FUTURE AGENDA ITEMS
This Item was not discussed.
v. REPORTS
None.
!~~
;:-
CITY OF WINTER SPRINGS
MINUTES
BOARD OF TRUSTEES - PENSION PLAN
REGULAR MEETING - JUL Y 30. 2002
PAGE 3 OF 3
VI. ADJOURNMENT
MOTION BY BOARD MEMBER QUEEN. "I'LL MOVE THAT WE
ADJOURN." SECONDED BY VICE CHAIRMAN ROZELLE. DISCUSSION.
WITH CONSENSUS OF THE BOARD, THE MOTION WAS APPROVED.
/ MOTION CARRIED.
Chairman Nippes adjourned the Meeting at 8:26 p.m.
RESPECTFULLY SUBMITTED:
DEBBIE GILLESPIE
DEPUTY CITY CLERK.
S:\dept - City Clerk\BOARDS\TRUSTEESIa1lI\MINUTES\2002\052802 REGULAR,doc
NOTE: These Minutes were approved at the
,2002 Board of Trustees-Pension Plan Meeting.
BROWN, WARD, S1\LZMAN & WEISS, P.A.
Attorneys at Law
Usher L. Brown"
Suzanne O'AgrestaD
Anthony A. GarganeseD
Gary S. Salzman"
John H. Ward"
Jeffrey S. Weiss
Offices in Orlando, Kissimmee,
Cocoa & Viera
Debra S, Babb
Jeffrey P. Buak
Todd K. Norman
John U. Biedenharn, Jr.
Joseph E. Blitch
Jennifer A. Michael
Michelle A. Reddin
Vincent E. Scarlatos
"Board Certified Civil Trial Lawyer
"Board Certified Business Litigation Lawyer
DBoard Certified City, County & Local Government Law
Erin J. O'Leary
Of Counsel
January 28, 2003
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OFFICE 6 \JVlNlfi/f
F "'Hfl!9/~:i)j,Nf$.f$
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Andrea Lorenzo-Luaces, City Clerk
City of Winter Springs
1126 East State Road 434
Winter Springs. FL 32708
Re: Wagner's Curve Development Agreement
City of Winter Springs - General #1193
Dear Andrea:
Enclosed please find the original recorded Binding Development Agreement and
First Modification, Binding Development Agreement for the Wagner's Curve property.
These originals are being provided to your office for safekeeping.
If you have any questions, please do not hesitate to contact our offices,
Anthony A. Garganese
City Attorney
AAG:jf
Enclosures
Original Recorded Binding Development Agreement
Original Recorded First Modification, Binding Development Agreement
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: 'NWW.orlandolaw.nel . Email: firm@orlandolaw.net
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Prepared by and Retum to:
Anthony A. Garganese, City Attomey
Brown, Ward, Salzman & Weiss, P.A.
225 E. Robinson street, Suite 660
P.O. Box 2873
Orlando, F~.32802-2873
MARYAtfE MORSE. a.ERK CF CIRCUIT COURT
SEMINOLE aum'
BK 04358 PG 1310
CLERK'S * 2002850603
RECORDED 03/22/2002 10111101 AN
RECORDINS FEES 181.50
RECORDED BY L Woodl.y
PercelJ.D. Nos. 26-20-30-5AR.QOOO-18C'
26-20-30-5AR.Q0OO-0200
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BINDING DEVELOPMENT AGREEMENT
THIS BINDING DEVELOPMENT AGREEMENT (herein referred to as the
"Development Agreement."), made. and executed thi~.11 t1\ day of ~c h.-, 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, ~ TO., a Florida limiteg partnership
. .~ .;.....:~. ';,':.
..(h~r:~iIJJe.ferr~,g ,to ~s "Springs"), whose ,addJE9.s,S.. i~J;;lo. .SYob~ltJn~esto.rs..Gr.Q~p,.1.75
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 he'reto and .incorporate.d,herein
. f" CERTiFIED coPY
MARYANNE MORSE
CLERK N' CIRCU T COURT
. B:~~~O~ _~.{~_F:~ORIDA_,
OEPUTY CLE
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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 a portion of the Subject
Property from Springs and,Jessup for <;:fevelopment 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
..
...-, <h'-';V;';" ,~.. ,.,- ''':''WHEREAS-, 'Springs and Jessop desire to retain the righrto 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
Commercial Property, and by the guests and invitees of such owners and occupants
described in Exhibit UN" attached hereto and incorporated herein by reference (herein
referred to as the "Private Entry Street"), and a landscaped and improved area adjacent
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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 ComC')1ission has recommended entering into a Binding
DevE;)lopment Agreement with Springs and Jessup and Centex for development of the
Subject Property; and
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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 t9 set forth the following special terms and conditions; and
. .-..' ,. ,.,' "'C:'. ,..WHEREAS, ,the City Commission of. the City ofWinter".Springs;findsthat..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
WHEREAS, the 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
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herein contained, the parties agree as follows:
1. Recitals. The foregoing recitals are hereby incorporated herein by this
reference.
, ,
2. Authority. This Development Agreement is entered into pursuant to the
Florida Municipal Ho~e Rule Powers Act, and the Code of Ordinances of the City of
Winter Springs. .
3. Representatio~s of Centex. Springs 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
.... "e.~~~4.t!o.Q, geliyery ~nd performance ofthis D~velopment-Agr:ee.rnent._. ,. '
4. Town Center Zoning. 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':Tovlf'i'Center. To the extent that the City Commission determines, af:-its .
reasonable discretfon, there is a specific and direct conflict between the terms and
conditions of this Development Agreement and 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.
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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,;jated 10/01, (herein referred to as
"
the "Townhome Plans") attached hereto as Exhibit "B" 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
._.~.~, ..r~f~f~I'1f.~:.. .l1~ Y~~,9.in this Development Agreement, .and .in.th~ JpwnbomeJ?lanS..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 'Town home Building' or 'Building' mean a structure
..
consisting of two or more Townhome 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'H'
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
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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.ll
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
I
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
,..
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'. - ,..::." be, appr.oyad .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 tnig'"
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
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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 ~treet 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-"
plantings 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 similarto that depicted on Exhibit "F," In addition, the Private Entry Plans
shall include an ornamental picket fence or other ornamental hardscape feature along the
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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 T ownhome Units or for the first commercial bui Iding
. .
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 a sign 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 mon~mentation, 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 Sianal. The parties acknowledge that a traffic signal is being
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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 su~ject 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.
a.
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11.1
Tree Replacement Guidelines.
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 ilK" of this agreement. In addition, the DO Blanchard
. , Magnolia, Magnolia Grandiflua, at the 65 p'gallon size will be....
. Gonsidered 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 provideq in the Arbor Ordinance for the
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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
toone-hundred ($100.bO)dollars and no centsintree repiacement
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 bas,ed on th~ 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 landscape 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
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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 pirie trees shall be removed and repfaced"ln"accardarICe 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 (Le" 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
" .
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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' a'nd the landscaping
related to the fencing, along with the streetscaping along S. R. 434, shall be constructed
11
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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.
",,', '~''::'"'''''''''''\':~''''' ~.. ",,- ,"~"",,",:d ..' .' ..'~' ::~"".~",~~.....,;"":'}",.,,.,".N" '-".l.o;\_~..~"_: -....:
13. Other Aoolicable 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
/
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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 Prooertv: 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
... ".~ ..::. '. . .... ..t" ~t'
between the gates and the Private Entry Street shall be maintained exclusively by the
property owners association for the Resi~ential Property, and the City shall have no
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obligation to provide maintenance for any portion of such 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
" ,"",,,., -="""\1enicles;"and"Ciij'sehiice personnel and vehiclei The englneej-:'orrecorcfshaflp'rov"ide" .,.'.
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)o 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. Platti"n'a: Developer's Limited Riaht to Terminate. Upon the effective date
of this Development Agreement, Springs, Jessup, and Centex shall promptly submit and
. .?" . ,"~"'7",",~, .' . .
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
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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,
,ar:1d,Gentex's,right,to.terminate this Agreement shall expire;._,~'",; "'.;.....,.,-,"-'..;.0,."...,. <"..""..",.",. .... "
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
./
I
provided by the City to residents of single-family detached homes. The City'spersonnel,-
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 Assians. 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 La~~/ 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 Beneficiarv. 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
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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
""~~';">'f,..,....,-.designation. shall.be. to ,the satisfaction of each .party and shan be completed~J.xior ,tQ~.the" '..
. .
issuance of a Certificate of Occupancy. In the event the Commercial Property is subject
to a homeowners 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
./
I
except by written agreement executed by all parties hereto and approved by the City
Commission of the City of Winter Springs.
.22. Entire Aareement. This Development Agreement supersedes any other
agreement, written or oral, and contains the entire agreement between the parties as to
the subject matter hereof,
.23. Severabilitv. 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. ..I~.is Development Agreement shall become effective upon
. .
approval by the City:ofWinter Springs City Commission and execution ofthis Development
Agreement by,all parties.
. . . 0""'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
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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.
. ...~~.",>. ,- ':"-"'7.,,,,,...-2e..,:,,,,, Relatianship. 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
./
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toward third persons or the public in any manner which would indicate any such
relationship with any other party.
27. Sovereian Immunitv. Nothing contained in this Development Agreement
shall be construed asa 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. Ceritex, 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
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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.
"."'" r'~-":_"""'''''''''''''''- .,31....,~ThirdPartv 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. Attornevs' 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 r:ight 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
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Period") cOnstitutes a default under the terms of this Agreement and, if any such failure is
due to any unforeseeable or unpredictable event or condition beyond the contro'l of such
party, including, but not limited to, acts of God, acts of government authority (other than
.~_..,.'."._., '. . "the.City's.own,acts)l acts of public enemy or war, riots;civildisttlrbances, 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 RiQht to Terminate Aareement. 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 pursuewhatever remedies are available to it under Florida law
:;or equity including, without Iimitaion, 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 Agre.ement 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 provideda thirty (30) day opportunity in which to cure
the default to the re~sonable 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 alJd 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
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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.
. CITY
.,.Munic
By:
PAUL P. PARTYKA
Mayor
WITNESSES:/
.~
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. ~Q,yuJ. en ~ ctO/'tA flr"flJU
STATE OF FLORIDA
COUNTY OF ~(a{\~e
ATTEST:
By:
NZQ-LUCACES
SPRINGS LAND INVESTMENTS, LTD.,
a Florida limited partnership
,/
By: Euro American Investors' Group
a FIQrida general partnership
By:
Sunbelt Investors Group, Inc.
a Florida corporation
General Partner
A.~t
By:
Date:
0'2/11)(01..
The foregoing instrument was acknowledged before me this .11) day of ~{I"O~ I
2002, by ~Lee{JxM , as ~f:~1^4f...,t. 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, Slate of Florida My commission expires: O~/D\ I oS
My comm. expo Mar. 1, 2005
Comm. No. DO 005830
(SEAL)
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WITNESSES:
JESSUP SHORES LIMITED PARTNERSHIP
a Florida limited partnership
By: Euro American Investors Group
a Florida general partnership
......,.':.,,-:~.f6,..._~:?...... ,; ....'.'"1 ".~, . ~ ..
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By: SOn belt Inve$torsGroup, Inc.
a Florida corporation
General Partner
By: .A~dent
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01/1.lJ 101.-
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Date:
,
,.
STATE OF FLORIDA
COUNTY OF Dro.""je_
The fore9oing instrument was acknowledged pefore me this '20 day of Jeb.rUlM'Ei'
2002, by ~.c. Ceelfda"", I as ~t .sl~~(reof JESSUP SHORES LIMIT 0
PARTNERSHIP a Florida limited partnership, ~ who is personally known to me, or []
. who has produced . ... . ~::::::lori1a
PETER LEEROAM My commission expires: 03/0' OS
Notary Public, State of Florida
(SEAL) My comm. expo 'Mar. 1,2005
Comm. No. 00 005830
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WITNESSES:
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STATE pF FL~IDA .
COUNty OF ~~
CENTEX . HOMES, a Nevada general
partnership,
by: CENTEX REAL ESTATE CORPORATION,
a Nevada corporation, Managing General
Partner
By: ~6l_i,~
Patrick J. Knight
Division President
Date:
"/~ ()~
The foregoing instrument wa~ acknowledged before me this f..9 tb. day of ~
2002, by , ~ ----: ~ . as Df> of CENTEX HOMES, a Nevada
general., partnership, who is ersonally known to me, or [ ] who has produced
as identification.
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~'!' :''''~'' K.B. RuBERT "'o,~ I
Il4:.:~ ~ '."h'~ . t.. ,... ...,.~ I
"i.:" ~ ':"1 MY COMMISSIC~ # r.v~:3564 .
~I,,~, ~'" ..,- EXPIRF"".l"',"h --:. """
P.1......;..'":t.~.!2-..':' _O.I~:II./.......t:.\I\.''T
, "-;;4: :]!~d::..." Bo"d5d Th!'\1 NUb!'/ ;:::blir:: Unoel\'!ntcf'J I
_, ' """1'\;
~~~ ._j~~
(SEAL)
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NARY PUBLIC, State of Flori
. My commission expires:
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Development Agreement
List of Exhibits
Exhibit .A - Legal description
Exhibit B - Townhome plans
Exhibit C - T ownhome Residential Standards
Exhibit 0 - Commercial Standards
Exhibit E - Private Entry Street Plans
~hibit F - Entry Feature Plans
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Exhibit G .... Typical building separation detail
Exhibit H - Typical 434 Frontage Detail
Exhibit I - Typical 434 building elevation
Exhibit J -:- Typical fence~levati()ns
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
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Exhibit A
Legal Description
Lots 18. 19,and the east 219 feet of lot 20, south of the new S.R. 434, block 0,
Or. 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, Or. Mitchell's
survey of the levy grant, plat book 1. page 5.
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FILE NUM 2002850603
OR' BOOK 04358 PAGE 1333
FILE NUM 2002850603
OR BOOK 04358 PAGE 1334.
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Location Map
Site Data
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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 sJ.
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.
,
,
; .
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-te-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 buildinos and structures shall be oenera/lv in .keeoino
with nee-traditional architectural and other des ion standards reflected in the
. Town Center District Code.
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Ribbon Curb
Shared Entry Road Section
-
Access Easement
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2' Miami Curb
daly design group inc_
Land Planninq. Landscape ""'hied"... I'ta/ecI MaM9_. ~ Cons"'inq
861 W. Ma'" !!vel.. a.t.. 125, _tor Pori<. ACl'lcla 32789 (.on 740-7Jn
Private En Street Plans
Wagner's Curve Townhouse Project
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~.nd Pr.nmrrg, Land"",,,.. An:htect.,." Pro,t!t::f Manag_. ~ Consldirrg
861 W. Men" E1vd., S.I. 125. wnta' Pori<. AQ'ld1l 32789 14071 141).73n
En Feature Plans
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Aag. # 1235
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Exhibit G
t@J
-:: street tree 40' o.C.
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Decorative Aluminum Fence
existing 5' sidewalk
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Exhibit H
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FILE NUM 2002850603
OR BOOK 04358 PAGE 1341
F1 _E-';; UM 2002"
OR BOi: IK 043,58
1'1,11,
1'1 II E 1342.
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Exhibit L
Residential Property Legal Description
A Portion of Lots 19 & 20 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:
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 t25.00 feet; thence N 51051 '42"
W' a 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
22045'191', 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.
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Legal description commercial property
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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 83008'18n E ALONG THE SOUTHERLY LINE OF SAID BLOCK 0, A
DISTANCE OF 954.17 FEET TO THE POINT OF BEGINNING; THENCE
N06051 '42" W A DISTANCE 125.00 FEET; THENCE N 51051'42" W A
DISTANC'E 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 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 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 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 TME 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 ~ND 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
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WAY LINE OF STATE ROAD NO. 434 PER F.D.O:T. RIGHT OF WAY MAP
SECTION NO. 77070-2516, DATED 12/10/98 AND TO AN ARC OF A .
CIRCULAR CURVE CONCAVED SOUTHERLY HAVING A RADIUS 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
. SAJD 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.
CONTAJNING 1.60 ACRES +/-
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ACCESS PARCEL;P
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LEGAL DE~PTlON (ACCESS PARaJ.-B):
A POfntON OF LOT 18 AND 19, BLOCK D, "'TCHElL'S SlJR~ OF niE LEVY GRANT. ACCORDING TO niE PlAT niEREOF.
AS RECORDED IN PLAT BOOK 1, PACE :s. OF niE FUBUC RECORDS OF SEl.tINOLE COUNTY. FlORIOA.
BEING ..~ P ARTlCULAA'l' ~IB[D AS FOlLOWS:
COfoIIolENCE AT ll-4E SOUlHYlt:ST CORNER OF LOT 20, SLOCK 0, niENCE N83"08'1S-E ALONG ll-4E SOUTHERlY UNE Of' SAID
LOT 19 AND 20 A DISTANCE OF 954.17 Fn:T; ll-4ENCE LEA'tING SAID SOUni UNE RUN N06'Sl'4Tw A DISTANCE OF 16.00
FEET TO niE POINT OF BEGINNING; niENCE CONTINUE N06'S,'42''W A DISTANCE OF 12'-00 F'EET; ll-4ENCE RUN THE
FOUOWNG COURSES AND DISTANCES 551'51'42-E A DISTANCE OF 91.512 FEET; "THENCE RUN NaJ"Oe'l8"E A DlSTANa: OF
140.71 Fn:T; "THENCE N 33"04'40- E A DlSTANa: OF 154.84 FEET TO "THE SOU"TH R1GiT-OF-WAY UNE OF STATE ROAD
NO. 434 PER F.D.O.T. RIGHT-OF-WAY WAP SECllON NO. n070-~16, DATED DECEMBER 10. 1998, SAID POINT ALSO
SElNG AN ARC OF A CRaJLAA CUR'wt: CONCA'ff; SOU"THEASTERL Y HA'tING A RADIUS Of' 268:5.00 F'EET AND A CHORD
SEARING OF 55~'2S'27"E:; THENCE "THROUGH A CENTRAl ANGlE OF 01'52'403- RUN SOU"THEASTERLY AlOHG THE ARC Of'
SAID CUR'ff; A DlSTANa: OF l5lS.04 FEET TO A POINT ON ll-4E SAID SOUlH RIGHT a: WAY UNE, lliENCE LEA'tING SAID
SOUlH UNE RUN s:51""'2~"W A DISTANCE OF 22.~7 FEET; "THENa: SJJ'2l'~"W A DlSTANa: OF 75.llS F'EET TO "THE POINT
OF CURVA1\JRE OF A CUR'fE CONCA'wt: NORlliWESTER\.Y HA'tING A R~US OF 100.00 FEET AND A QiCH) SEARING OF
S58"l,'04"W; """ENCE THROUGH A a:HTRAL. ANQ.[ OF W4e'2I!'" mJH 9OUlHEASiERl..v AlCWC THE ARC OF SAID CUR'.f: A
DlSTANa: OF 88.87 FEET; 10 THE POINT OF TAHCEHCY lliENa;. S8J'08'18"W A OfSTNfC[ ~ 22lUJ FEET; TO THE POINT
OF SEQNNlNC.
CONTAINING 0..58 ACRES;t:
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EXHIBIT 0
Legal description entry feature property ,
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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:
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COMMENCE AT THE SOUTHWEST CORN.ER OF SAID LOT 19, THENCE N
83008'18" E ALONG THE SOUTHERLY LINE OFSAID LOT 19 FOR A
DISTANCE OF 954.17 FEET TO THE POINT OF BEGINNING; THENCETHE .
. FOLLOWING COURSES AND DISTANCES N 06051'42" WEST FOR A
DISTANCE OF 125.00 FEET; THENCE S51051'42" 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 OISTANCE,OF120.00 FEET TOTHE SOUTH RIGHT-OF.. ,.
WAY LINE OF STATE ROAD NO. 434 PER F.D.O.T RIGHT-OF-WAY MAP
SECTION NO. 77070-2516, OA TED 12/10/98 AND TO 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 +/-
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MAlt _.~ MORSE, a.ERK OF CIRCUIT COURT
satl~ COUNTY '
BK 04625 PG 1106
CLERK'S. 2002989216
RECORDED 12/10/2002 11 :09.55 AM
RECORDING FEES 24;00
RECORDED BV " Nolden '
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
Parcell.b. Nos. 26-20-30-5AR-0000-18C
26-20-30-5AR -0000-0200
.FILE COpy
FIRST MODIFICATION
BINDING DEVELOPMENT AGREEMENT
THIS FIRST MODIFICATION OF THE BINDING DEVELOPMENT AGREEMENT
(herein referred to as the "First Modification"), made and executed this 'I ~ day of
~ ,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, Suite2000, Altamonte
. Springs, Florida, 32714.
1
. ",\
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F~l~ NUM 2002989216
OIl, ~OOK 04625 PAGE 1107
WITNESSETH:
'WHEREAS, City, Springs and Jessup previously entered into a Binding
Development Agreement recorded in Official Record Book 04358, Page 1310 of the public
records of Seminole County; and
WHEREAS, Section 11.1 of the Binding Development Agreement contained a
scrivener's error; and
WHEREAS, the parties desire to correct that scrivener's error by executing and
recording this First Modification.
NOW, THEREFORE, in consideration of the mutual covenants and mutual benefits
herein contained, the parties agree as follows (strikeout type are deletions and underlined
type are additions):
1. Section 11.1 d( 1) is hereby corrected to read as follows:
(1) For every tree removed (greater than 4-4 1 inch caliper), one
replacement tree shall be planted. The replacement tree shall be a
minimum of 2 1/2 inch caliper container grown (30 gallons).
2. All 'terms and conditions of the Binding Development Agreement not
corrected by.this FJr:st ModifiG?ltion shc:111 ,remain in full force and effect
IN WITNESS WHEREOF, the parties have executed this First Modification as of the
, date first written above,
2
. .r-"
., )
Fp-~ NUM 2002989216
oil ~OOK 04625 PAGE 1108
CITY OF WINTER SPRINGS, a Florida
Municipal Gorporation,
ATTEST:
Bv.
, J'
. (j~tJ., 'Yft/!--r.
ROtrf~!LD 'W<:~llctEMoRE
. ..,Pity Ma'nagt~r
BY:~~~.~
, ANDREA LORENZO-ILU . ACES
City Clerk
WITNESSES;
,SPRINGS LAND INVESTMENTS, LTD.,
~ Florida limited partnership
By: Euro American Investors Group
a Florida general partnership
~.....
~~
By: Sunbelt Investors' Group, Inc.
a Florida corporation
General rtner
By:
I resIdent
5/8/0 Z,
.
~Or-(u.t ~~l/~ cee.~
Date:
STATE OF FLORIDA
COUNTY OF O~o.Je.
The fore oing instrument was acknowledged before me this Dt" day of ~, .
2002, by . . C. leerol~.IVl I as s:b~.Jt of SPRINGS rAND
, INVESTMENTS, LTD., a Florida limited partnership, M who is personally known to'me,
or [ ] who has produced ~ ~s identification.
NOTARY PUBLlC,~ of Florida
My commission expires:
PETER lEER DAM
Notary PUbJic, State of Florida
My corom. exp.Mar. 1,2005
Comm. No. DO 005830
3
. i
r-j
F p-~ NUM 2002989216
Oft.. tOOK, 04625 PAGE 1109
(SEAL)
WITNESSES:
JESSUP SHORES LIMITED PARTNERSHIP
a Florida limited partnership
By: . Euro American Investors Group
a Florida general partnership
~~-
~-
By: Sunbeltlnvestors Group, Inc.
a Florida corporation.
General e rtner
By:
'-J-~t ~ (?J!JlJUl'\e.)
Date:
5/tJ!IJ'J,.
.
STATE OF FLORIDA
COUNTY OF orONf'-
. T~e90ing instrument was acknowledged before me this ~ day of f"k.., ,
2002,by ~l, Lec("o\"N'\ ,as 1~~ ",~,o~i of JESSUP SHORE5LiiVifrED
PARTNERSHIP a Florida limited partnership, ~] who is personally knowoJo me, or [ ]
who has produced . ~tification.
NOTARY PUBLIC, Stam of Florida
My commission expires:
(SEAL)
PETER LEER DAM
Notary ~ublic, State of Florida
My comm. expo Mar. 1, 2005
. Comm. No. DO 005830
4
,~~
: !
FILE NUM2002989216
r) BOOK 04625 PAGE 1110
, \
WITNESSES:
CENTEX HOMES, a Nevada general
partnership,
~~O~
by: CENTEX REAL ESTATE CORPORATION,
.a Nevada' corporation, Managing General
. Partner
~
Patrick J. Knight
Division President
Date: \\~tJ1-
By:
STATE OF FLQRIDA - 1_
COUNTY OF ~€AN\~ \..A."
The foregoing instrument was acknowledged befor~ ~his .2.Lt%ay of Doue.;"\b~
2002, by r~.\-v~ ex... T l0.'-^-1l\t..:t ,as \)iJ.('c(S;~clftENTEX HOMES, a Nevada
general partnership, ~o is personally known to me, .or [ ] who has produced
,/ \ as identification, .
- -~
~"1:f!:!';';o"."',. KlMBERl.Y A. BROWN
-.(. .~~.. 11,', ' I~ .~.n.'/". i .....1'\ .....
~'; ~l :'% ;,d.(,,m.11>il1.~,,:?~, jl :",098:;90
~~:.:..~?-;;S! . U(r.IRE~: Iwsrc!! ~g, ~004
''''1,.oif.I.1'~'' 5CIi';{!fW r:~1U NrA1:\' ruJiI~ :,l.,d-::wlmmm
:'1:01\'
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(SEAL)
5