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HomeMy WebLinkAbout2014 07 02 Public Hearing 500 Resolution 2014-10 Brownfield Area Designation PLANNING & ZONING BOARD AGENDA Consent ITEM 500 Information Public Hearing X Regular July 2, 2014 Meeting REQUEST: The Community Development Department—Planning Division requests that the Planning & Zoning Board consider Resolution 2014-10, which adopts an existing Brownfield Area for real property recently annexed into the City of Winter Springs. SYNOPSIS: In accordance with Ordinance No. 2013-12,the City recently annexed real property into the City of Winter Springs including parcel 26-20-30-5AR-OAO-0080 and parcel 06-21-31-501-03OA- 0000, depicted in Attachment A. Prior to the aforementioned annexation,the property was designated a Brownfield Area by Seminole County pursuant to Resolution No. 2007-R-233. Upon annexation of the property,the City agreed to ratify the Brownfield Area designation. Resolution 2014-10 represents the formal action of recognizing said designation. CONSIDERATIONS: APPLICANT AND PROPERTY INFORMATION: • Applicant name and address and authorized representative: City of Winter Springs 1126 E. SR 434 • Property owner's name(s): L .D. Plante INC. P.O. Box 151117 Altamonte Springs, F132715-1117 • Property addresses: 2950 Railroad Avenue Winter Springs, F132708 2960 Railroad Avenue Winter Springs, F132708 July 2,2014 Planning&Zoning Board Agenda,Item 500 Page 2 of 3 • Property Parcel ID numbers: 26-20-30-5AR-OAO-0080 and 06-21-31-501-030A-0000 • Current FLUM Designations: Town Center • Current Zoning Designations: Town Center • Previously Approved Development permits such as conditional use, waiver, or variance (if any): Not applicable • Development Agreements (if any): Annexation Agreement by and between the City of Winter Springs and Standard Pacific of Florida GP, a Delaware Corporation, dated May 12, 2014 as depicted in Attachment B • Pending Code Enforcement Actions (if any): Not applicable • City Liens (if any): Not applicable APPLICABLE LAW, PUBLIC POLICY, AND EVENTS Florida Statute 376.80(2) (a) and 376.80 (2) (b): "Brownfield Program Administrative Process" DISCUSSION: In accordance with Ordinance No. 2013-12, the City recently annexed real property into the City of Winter Springs including parcel 26-20-30-5AR-OAO-0080 and parcel 06-21-31-501-030A-0000. Prior to the aforementioned annexation,the property was designated a Brownfield Area by Seminole County pursuant to Resolution No. 2007-R-233. Upon annexation of the property,the City agreed to ratify the Brownfield Area designation. Resolution 2014-10 represents the formal action of recognizing said designation. The Brownfield Area is determined to warrant economic development and has a reasonable potential for such activities through rehabilitation and job creation, especially since the property has been annexed and is subject to an Annexation Agreement by and between the City of Winter Springs and Standard Pacific of Florida GP, a Delaware Corporation, dated May 12, 2014. The rehabilitation ofthe Brownfield Area will provide for the remediation of a contaminated site that is within the vicinity of a Greenway Trail right-of-way. L.D. Plante, as property owner of the Brownfield Area, has agreed to remediate and redevelop the Brownfield Area. The redevelopment of the proposed Brownfield Area is consistent with the City of Winter Springs Comprehensive Plan and is a permittable use under the City's land development code. It is understood that L.D. Plante has a contract to sell the property to Standard Pacific of Florida GP, a Delaware Corporation, and that upon sale of the property, the contract purchaser, Standard Pacific of Florida, a July 2,2014 Planning&Zoning Board Agenda,Item 500 Page 3 of 3 Delaware Corporation, would fulfill the responsibilities of L.D. Plante as property owner. Upon adoption,the City shall notify the Florida Department of Environmental Protection,pursuant to Section 376.80,Florida Statutes, of the City's ratification and designation of the property as a Brownfield Area. FISCAL IMPACT: The Brownfield Area is determined to warrant economic development and has a reasonable potential for such activities through rehabilitation and job creation, especially since the property has been annexed and is subject to an Annexation Agreement by and between the City of Winter Springs and Standard Pacific of Florida GP, a Delaware Corporation, dated May 12, 2014. The rehabilitation ofthe Brownfield Area will provide for the remediation of a contaminated site that is within the vicinity of a Greenway Trail right-of-way. L.D. Plante, as property owner of the Brownfield Area has agreed to remediate and redevelop the Brownfield Area. The rehabilitation and redevelopment of the Brownfield Area will result in economic production in the area and the creation of at least five(5)new permanent jobs at this particular site, which are full-time equivalent positions not associated with implementation of the rehabilitation agreement, or with the demolition or construction associated with the redevelopment agreement. COMMUNICATION EFFORTS: The Meeting Agenda and this Agenda Item have been forwarded to the Planning and Zoning Board members and are available on the City's Website,LaserFiche,and the City's Server. The Agenda has been forwarded to the Mayor and City Commission; City Manager;and City Attorney/Staff. Additionally,the Meeting Agenda has been sent to media/press representatives,all Homeowner's Associations on file with the City, all individuals who have requested Agenda information, Department Directors; and also posted outside City Hall; posted inside City Hall with additional copies available for the general public. The proposed Resolution was advertised in the Orlando Sentinel on June 19, 2014 as depicted in Attachment C. STAFF RECOMMENDATION: The Community Development Department—Planning Division requests that the Planning & Zoning Board consider Resolution 2014-10, which adopts an existing Brownfield Area for real property recently annexed into the City of Winter Springs. ATTACHMENTS: A. Resolution 2014-10 B. Annexation Agreement between City of Winter Springs and Standard Pacific of Florida GP C. Legal Advertisement of Public Hearing, June 19, 2014 Attachment "A" RESOLUTION NO. 2014- 10 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS FLORIDA, RATIFYING AND DESIGNATING REAL PROPERTY GENERALLY DESCRIBED AS PARCEL 26-20-30-5AR-OA00-0080 AND ALL OF PARCEL 06-21-31-501-03OA-0000 AS A BROWNFIELD AREA WITHIN THE CITY LIMITS OF WINTER SPRINGS FOR THE PURPOSE OF ENVIRONMENTAL REHABILITATION AND ECONOMIC DEVELOPMENT; PROVIDING FOR SEVERABILITY, REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, AND AN EFFECTIVE DATE. WHEREAS, in accordance with Ordinance No. 2014----, the City recently annexed real property into the City of Winter Springs including parcel 26-20-30-5AR-OA00-0080 and parcel 06-21-31-501-030A-0000, depicted in Exhibit A, attached hereto and incorporated herein by reference("Property"); and WHEREAS, prior to the aforementioned annexation, the Property was designated a Brownfield Area by Seminole County pursuant to Resolution No. 2007-R-233; and WHEREAS, upon annexation of the Property, the City agreed to ratify the Brownfield Area designation for purposes of the City also taking formal action to recognize said designation; and WHEREAS, the City Commission of Winter Springs has reviewed the requirements for Brownfield Area designation, as specified in Florida Statutes Sections 376.80(2) (a) and 376.80 (2) (b),and concurs with the Seminole County Commission's findings set forth in Resolution No. 2007-R-233 and has determined that the proposed area qualifies for designation as a Brownfield Area because the following requirements of Florida Statutes Sections 376.80(2)(a) and 376.80(2)(b)have been met: 1. The Brownfield Area depicted in Exhibit A is determined to warrant economic development and has a reasonable potential for such activities through rehabilitation and job creation, especially since the Property has been annexed and is subject to that certain Annexation Agreement by and between the City of Winter Springs and Standard Pacific of Florida GP, a Delaware Corporation, dated May 12,2014. 2. The Brownfield Area depicted in Exhibit A is focused to a limited geographic area. 3. The rehabilitation and economic development of the Brownfield Area depicted in Exhibit A is deemed to have sufficient private sector interest in rehabilitating the site. 4. The rehabilitation of the Brownfield Area depicted in Exhibit A will provide for the remediation of a contaminated site that is within the vicinity of a Greenway Trail right-of-way. City of Winter Springs Resolution 2014-_ Page 1 of 3 5. L.D. Plante,as property owner of the Brownfield Area has agreed to remediate and redevelop the Brownfield Area depicted in Exhibit A. 6. The rehabilitation and redevelopment of the Brownfield Area will result in economic production in the area and the creation of at least five (5) new permanent jobs at the Brownfield Area, which are full-time equivalent positions not associated with implementation of the rehabilitation agreement, or with the demolition or construction associated with the redevelopment agreement. 7. The redevelopment of the proposed Brownfield Area is consistent with the City of Winter Springs Comprehensive Plan and is a permittable use under the City's land development code. 8. Proper notice of the proposed rehabilitation of the Brownfield Area has been provided to neighbors and nearby residents and published in the newspaper, and L.D. Plante has provided those receiving notice the opportunity to provide comments and suggestions about rehabilitation. 9. L.D. Plante has provided reasonable assurance that it has sufficient financial resources to implement and complete the rehabilitation agreement and redevelop the site; and 10. It is understood that L.D. Plante has a contract to sell the Property to Standard Pacific of Florida GP, a Delaware Corporation, and that upon sale of the Property, the contract purchaser, Standard Pacific of Florida GP, a Delaware Corporation, would fulfill the responsibilities of L.D. Plante as property owner hereunder. WHEREAS,Seminole County wishes to notify the Florida Department of Environmental Protection of this designation of Brownfield Area to facilitate environmental rehabilitation and economic development of such area consistent with Florida Statutes Sections 376.77-376.85; and WHEREAS,the procedures set forth in Subsections 376.80(1) and 376.80(2) (a), Florida Statutes, have been followed, and proper notice has been provided in accord with Section 376.80 and Subsection 125.66(4)(b)(2), Florida Statutes. WHEREAS, the City Commission of the City of Winter Springs deems that this Resolution is in the best interests of the public health, safety,and welfare of the citizens of Winter Springs. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS,SEMINOLE COUNTY, FLORIDA, AS FOLLOWS: Section 1. General Designation. The area depicted on Exhibit A, attached hereto and incorporated herein by reference, is hereby ratified and designated as a Brownfield Area within the corporate limits of the City of Winter Springs for environmental rehabilitation and redevelopment City of Winter Springs Resolution 2014- Page 2 of 3 purposes per Sections 376.77 through 376.85,Florida Statutes. Section 2. Notify DEP. The City shall notify the Florida Department of Environmental Protection,pursuant to Section 376.80, Florida Statutes, of the City's ratification and designation of the Property as a Brownfield Area. Section 3. City Not Liable. The site described in Exhibit "A", attached hereto and incorporated herein by reference,is hereby ratified and designated as a Brownfield Area for environmental remediation,rehabilitation and economic development in accordance with the intent of the Brownfields Redevelopment Act.However,such ratification and designation shall not render the City of Winter Springs liable for costs of site rehabilitation or source removal,as those terms are defined in Section 37 6.79(17) and 276.79(18),Florida Statutes,or for any other costs,above and beyond those costs attributable to the City's role as administrator of a Brownsfield site rehabilitation program. Section 4. Incorporation of Recitals. The foregoing recitals are deemed true and correct and are hereby fully incorporated herein by this reference. Section 5. Repeal of Prior Inconsistent Resolutions. All prior City resolutions or parts of City resolutions in conflict herewith are hereby repealed to the extent of the conflict. Section 6. Severability. If any section, subsection, sentence, clause, phrase, word, or portion of this Resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. Section 7. Effective Date. This Resolution shall become effective immediately upon adoption by the City Commission of the City of Winter Springs, Florida. RESOLVED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the day of 2014. CHARLES LACEY,Mayor ATTEST: ANDREA LORENZO-LUACES, City Clerk Approved as to legal form and sufficiency for the City of Winter Springs only: ANTHONY A. GARGANESE,City Attorney City of Winter Springs Resolution 2014- Page 3 of 3 2950 Railroad Avenue Winter Springs,Florida The M-I zoning area of Parcel ID#26-20-30 5AR-OA00-0080 generally described as follows: That part of Lot 8 commencing at the Southeast corner of Tuskawilla,according to the Plat of Mitchell's Survey of the Levy Grant on Lake Jessup,as recorded in Plat Book 1,Page 5,of the Public Records of Seminole County,Florida,thence North to easterly extension of the northerly boundary line of Lot 17 of said Tuskawilla,thence East to the westerly boundary line of Rails to Trails(abandoned CSX Railroad),thence Southeasterly along the westerly boundary line of said Rails to Trails to a point 654 feet MOL North of the north boundary line of Gardena Farms as recorded in Plat Book 6,Pages 23 and 24,of the Public Records of Seminole County,Florida, being the Point of Beginning,thence continuing Southeasterly along said Rails to Trails to north boundary line of said Gardena Farms,thence Westerly along said northerly boundary line of said Gardena Farms,633 feet MOL,thence Northerly 654 feet MOL to the Point of Beginning. 2960 Railroad Avenue.Winter Sprinus.Florida Parcel ID#06 21-31-501-030A-0000,generally described as follows: A portion of the North%:of Block 3,of Gardena Farms Town Sites as recorded in Plat Book 6, Page 39,of the Public Records of Seminole County,Florida,as further described as follows: Commencing at the Northeast corner of Lot 6 of said Gardena Farms,said point being on the westerly Right of Way line of Tuscawilla Gabriella Road;run thence S 85°51'39"E,702.17 feet,along northerly boundary line of said Gardena Fauns;thence continue S 85°51' 39"E, 590.08 feet along said northerly boundary line to the Northwest corner of said Gardena Farms Town Sites and being the Point of Beginning;thence S 04°08'41"W,386.72 feet along the westerly boundary of said Gardena Farms Town Sites;thence S 85°51'39"E,635 feet;thence N 55°35'50"W,735.15 feet to the Point of Beginning. EXHIBIT I - ,q Brownfield Area 0 a Site Parcel ID#:26-20-30-5AR-OA00-0080 M-1 Zoning Area Only Approximately 4.59 Acres m c0 Site Parcel ID#:.06-21-31-501-030A-0000 Apprcimately 1.86 Acres R� o s Poll 0 250 500 1.000 Feet I r t 1 t t I L;V%jasmslonrent Dfa mhg p&zWHVY*&u*notdAmv Locator moq.m d AMW 912171007 Attachment 'B' Prepared by and return to: Anthony Garganese,Esquire Brown,Garganese,Weiss&D'Agresta,P.A. 111 N.Orange Avenue,Suite 2000 Orlando,FL 32801 (407)425-9566 ANNEXATION AGREEMENT THIS ANNEXATION AGREEMENT ("Agreement") is made and entered into this 12th day of May, 2014 (the "Effective Date") by and between the City of Winter Springs, a municipal corporation organized and existing under the laws of the State of Florida (hereinafter the "City") whose address is 1126 East S.R. 434, Winter Springs, Florida 32708, and Standard Pacific of Florida GP, a Delaware Corporation (hereinafter referred to as "Developer") whose address is , and shall be fully enforceable in accordance with the terms hereof WITNESSETH: WHEREAS, the Developer is the contract purchaser of certain real property approximately 116 acres in size and located within unincorporated Seminole County, Florida, and within the City of Winter Springs, Florida, which real property is more particularly described in EXHIBIT "A" (attached hereto and incorporated herein by reference; said property hereinafter being referred to as the "Property"); and WHEREAS, the Developer has represented to the City that it intends to complete the acquisition of the Property and develop the Property in accordance with the terms and conditions of this Agreement upon the condition that this Agreement be approved and the City granting the Future Land Use and Zoning approvals specified in section 3 (a)of this Agreement; and WHEREAS, a substantial portion of the unincorporated Property has been included into the City's Town Center Master Plan for future development upon annexation into the City; and WHEREAS, the Developer desires to annex the portions of the Property located within unincorporated Seminole County into the City of Winter Springs, which real property is more particularly described in Exhibit"B" (attached hereto and incorporated herein by reference; said property hereinafter referred to as the "Annexed Property"), and to aggregate it with the portion of the Property located within the City of Winter Springs in order to develop the property as one uniform Town Center development project pursuant to the City's Town Center District Code; and WHEREAS, the Developer has participated in the design charette required by the City's Comprehensive Plan, Future Land Use Element, Policy 2.1.2 for the future development of the Property which resulted in the Developer proposing the Concept Plan referenced in Section 5 (a) of this Agreement; and 1 WHEREAS, the purpose of this Agreement is to set forth the understandings and agreements of the parties with respect to the foregoing, and other matters as agreed to and set forth herein; and WHEREAS, this Agreement is authorized by, permitted by, and consistent with the provisions of the City's home rule Charter; the City's Comprehensive Plan; Chapters 163 and 166, Florida Statutes; Article VIII, Section 2b, Constitution of the State of Florida; Chapter 171, Florida Statutes; and other applicable law, and serves and advances an important public purpose of expanding the City's existing Town Center, providing good housing opportunities and economic development; and NOW, THEREFORE, for and in consideration of the mutual covenants and agreements contained herein, and other good and valuable consideration each to the other has provided, the receipt and sufficiency of which is hereby acknowledged,the parties agree as follows: I Recitals. (a) The recitals are adopted as the findings of the City Commission of the City of Winter Springs, Florida. (b) The above recitals are true and correct and are incorporated into this Agreement by reference, and are a material part of this Agreement upon which the parties have relied, including but not limited to the assertions that the Developer has a contract to purchase the Property and is empowered to enter into this Agreement and make binding future commitments for the Property once the Property is acquired by Developer. 2. Annexation. The Developer and the City agree to pursue annexation of the Annexed Property into the City of Winter Springs boundaries pursuant to the terms and conditions of this Agreement and applicable law. Developer agrees that they will not contest or object to the annexation of the Annexed Property (provided such annexation is consistent with the terms hereof) and that the parties will fully cooperate with each other to achieve the annexation and future development of the Property on the terms and conditions set forth herein. 3. Municipal Services. The City shall provide directly, or through a franchise or contract with another service provider, police and fire protection, emergency medical services, water and wastewater services, solid waste collection, disposal and recycling services to the Property and all improvements from time to time located thereon, on the same terms and conditions and in the same manner as is afforded to all other similarly situated property owners within the City. 4. Development Conditions—Future Land Use and Zonis Mai). (a) In order to facilitate the development of the Property, the City agrees, upon annexation of the unincorporated portions of the Property, to advertise and proceed with public hearings to amend the former unincorporated portion of the Property's Comprehensive 2 Plan Future Land Use Map designation to City "Town Center" and Official Zoning Map classification to City"Town Center." In addition, the City shall proceed with further designating the Town Center Future Land Use Map designation portions of the Property with transect overlay sub-designations of T3, T4, and T5, as more specifically depicted on the Transect Map attached hereto and fully incorporated herein as Exhibit "C." The aforementioned comprehensive and zoning map amendments (inclusive of the transect sub-designations) shall be subject to Florida law and City Code, and shall be subject to final approval by the City Commission of Winter Springs. No provision of this Agreement shall be construed as guaranteeing that the amendments will be approved by the City Commission. Each party will fully cooperate with each other to achieve the amendments on the terms and conditions set forth herein including, but not limited to, submitting and executing any applications customarily required by the City. The City may proceed with the aforementioned public hearings simultaneous to or immediately after the adoption of this Agreement. (b) It is understood and agreed that Developer will pay the fees, costs, or expenses that are customarily charged by the City on account of or in connection with the City's review and processing of the comprehensive plan and zoning map amendments for the Property; provided however, that the City shall pay its own attorneys' fees and consulting fees and staff time, as may be determined to be necessary by the City. 5. Additional Development Conditions. It is the intent of the City and Developer that the Property be developed as a mixed use development incorporating high end residential units and compatible commercial uses consistent with the City's Town Center goals, policies and objectives set forth in the City's Comprehensive Plan and Town Center District Code. It is further understood and agreed by the parties that in order to facilitate such development of the Property,the following development conditions shall apply: (a) Maximum Residential Units and Density; Commercial Development. The parties agree that subject to applicable law, the maximum number of residential units that can be developed on the Property is four hundred fifty (450) units, and the maximum density for the Property shall not exceed four (4) units per gross acre. The Property will generally be developed in accordance with the Concept Plan attached hereto as Exhibit "W" to final engineering approval in accordance with the applicable provisions of the City Code. In addition, land shall be set aside for future commercial development on the portion of the Property identified as "commercial" on the said Concept Plan. (b) Town Center Development Project. The parties agree that the Property will be incorporated into the City's Town Center and developed as a Town Center development project, regardless of the underlying future land use designation and zoning classification of the Property. (c) Property Currently Located within the Citv. The parties acknowledge that portions of the Property are currently located within the City of Winter Springs and have a Low Density Residential Future Land Use designation and a Planned Unit Development zoning classification. A future land use and zoning map amendment is not contemplated nor required for this portion of the Property. However, in order to incorporate this Property into the proposed Town Center project in a unified manner, the parties agree that this Property shall be governed in 3 all respects by the City's Town Center District Code as if this portion of the Property was zoned Town Center. (d) Vacation of Old SR 434 Right-of--Way. The City agrees to provide Developer assistance and support in order to facilitate the vacation, by the State of Florida, of the old State Road 434 right-of-way as generally depicted on Exhibit "E," which is attached hereto and incorporated herein by this reference. The City's support and assistance will be in accordance with law. (e) Vacation of Other Rights-of-Way. The parties acknowledge that during the development of the Property, Developer will design and dedicate certain public rights-of-way to the City in accordance with a right-of-way master plan approved by the City. To the extent that the Property is encumbered with existing rights-of-way that do not support the right-of-way master plan, the City will support the vacation of the existing rights-of-way (subject to reservation of utility casements if necessary) that are inconsistent with the master plan and no longer needed for the development in accordance with the requirements of law. (f) Future Development Agreement. The parties acknowledge and agree that this Annexation Agreement only addresses preliminary matters for the annexation and future development of the Property within the City. The parties contemplate as the Developer proceeds through the City's development review process to obtain a development order(s) for the Property, the parties will need to negotiate and prepare a more detailed development agreement that will more specifically sets forth the parties obligations and requirements for the development of the Property. (g) Approval of Brownfield Area. The parties acknowledge that a portion of the Property identified on Exhibit "F" attached hereto is a designated Brownfield Area pursuant to Resolution No. 2007-R-233 ("County Resolution") adopted by Seminole County, Florida on December 11, 2007. The City hereby approves the Property as a Brownfield Area and adopts the County designation as sufficient for City Brownfield designation, pursuant to Florida Statute § 376.80, and agrees to adopt a similar City resolution ratifying the designation within the jurisdictional limits of the City to the extent deemed necessary by the parties or the State of Florida. The ratification of the Brownfield Area shall occur within thirty (30) days of the annexation of the unincorporated portions of the Property becoming effective and shall be subject to the procedure and requirements of Section 376.80, Florida Statutes. Further, the Developer may, in the future, request that the City authorize an expansion of the Brownfield Area to include a small portion of property that Developer's due diligence environmental report may indicate contains contaminated soil impacts. Upon receipt of such request from the Developer in writing, the City shall pursue the adoption of a resolution approving the expansion in accordance with Section 376.80, Florida Statutes. 6. Notice of Property Acquisition, Duty To Cooperate. (a) The parties agree to cooperate at all times, in a timely manner, and in good faith regarding the implementation of this Agreement. This cooperation shall extend to the granting by the City and the acquisition by the Developer, of applicable necessary municipal permits and development orders, and the Developer shall diligently process and seek the receipt 4 of, and shall use reasonable legal means, to obtain all necessary state, municipal, federal permits, development orders, licenses, easements and other approvals or rights in connection with the development of the Property in accordance with this Agreement and applicable land use, zoning, land development, building and construction regulations. (b) Within five (5) days of acquiring title to the Property, Developer shall provide the City and the City Attorney with written notice of acquisition so this Agreement may be recorded in accordance with Paragraph 14 of this Agreement. 7. Further Assurances. In addition to the acts recited in or set forth in this Agreement, the parties agree to perform or cause to be performed in a timely manner, any and all further acts as may be reasonably necessary to implement the provisions of this Agreement, including but not limited to the execution and/or recordation of further instruments; provided however that the City's obligation shall be subject to such limitations of law as may be applicable to municipalities. 8. Limitations of Remedies. The parties hereby agree not to pursue an award of monetary damages for a breach by or non-performance of the other party under this Agreement. The only remedies of the other party available against the non-performing party under this Agreement shall be either to withhold further performance under the Agreement until the non- performing party cures the non-performance, or to seek a court order from the Circuit Court of the Eighteenth Judicial Circuit in and for Seminole County, Florida requiring the non-performing party to fulfill its obligations under the Agreement. However, nothing in this Agreement shall be construed to limit the right of either party to pursue any and all available remedies if any, under non-tort or constitutional law relating to a party's non-performance under the Agreement so long as damages are not sought. The City will not waive sovereign immunity and does not waive sovereign immunity to any extent by reason of this Agreement, and in the event Developer seeks any relief against the City,the City may rely on any available defense arising out of its sovereign immunity. In the event a court order is issued declaring non-performance by either party,the non- performing party shall be required to reimburse the other party any actual and reasonable expenses incurred as a result of the breach (excluding attorney's fees and legal costs). 9. Disclaimer Of Third Party Beneficiaries. This Agreement is solely for the benefit of the formal parties to this Agreement and no right or cause of action shall accrue by reason hereof to or for the benefit of any third party that is not a formal party hereto. Nothing in this Agreement, express or implied, is intended to be nor shall be a conferring upon or giving any person or entity any right, remedy or claim by reason of this Agreement or any provisions or conditions hereof, including any provisions or conditions hereof that may be implied or suggested in equity, and only the express parties to this Agreement and their respective designated representatives, successors and assigns shall have any rights under this Agreement. 10. Time Is Of The Essence. The parties agree that they shall diligently and expeditiously pursue their respective obligations. 11. Successors and Assigns. Developer may assign the rights under this Agreement to another party by written instrument, provided the assignee shall expressly agree under said instrument to be bound by the terms and conditions of this Agreement. Within three (3) days of 5 any such assignment, the Developer and assignee shall provide the City with a copy of the written assignment instrument. This Agreement and the terms and conditions hereof shall be binding upon and inure only to the benefit of the City and the Developer, and their respective successors in interest. 12. Applicable Law, This Agreement and the provisions herein shall be construed, controlled and interpreted according to the laws of Florida. 13. Binding Effect. Each party represents to the other it has undertaken all necessary actions to execute this Agreement and has the legal authority to enter this Agreement and to undertake all obligations imposed on it. 14. Recording; Termination for Failure to Timely Acquire Property. Upon Developer's execution of this Agreement and the City receiving the written notice of acquisition from the Developer pursuant to Paragraph 6 (b) of this Agreement, the City shall, at its sole cost and expense, record a fully executed copy of this Agreement in the Public Records of Seminole County, Florida. In the event the City does not receive written notice of acquisition from the Developer within one (1) year from the date that the last party to this Agreement executes the same, this Agreement shall automatically be deemed null and void and terminated unless the parties mutually agree to additional time to permit Developer to acquire the Property under the terms and conditions of this Agreement. 15. Venue. Any and all actions or proceedings arising out of or related to this Agreement or brought to enforce or interpret this Agreement, shall be brought exclusively and solely in the court of appropriate jurisdiction in Seminole County, Florida. 16. Construction Or Interpretation Of the Agreement. This Agreement is the result of bona fide arm's length negotiations between the parties and all parties have contributed substantially and materially to the preparation of the Agreement and were represented by counsel. Accordingly, this Agreement shall not be construed or interpreted more strictly against one party as against the other party. 17. Development Permits. Nothing herein shall limit the City's authority to grant or properly deny any development permit applications or requests subsequent to the effective date of this Agreement. The failure of this Agreement to address any particular City, County, State and/or Federal permit, condition, term or restriction shall not relieve Developer or the City of the necessity of complying with the law governing said permitting requirement, condition, term or restriction. Without imposing any limitation on the City's police powers, the City reserves the right to withhold, suspend, or terminate any and all certificates of occupancy for any building or unit if Developer is in breach of any term or condition of this Agreement. 18. Attorneys' Fees and Costs. In the event of a dispute regarding this Agreement, the parties shall bear their own attorneys' fees and legal costs and neither shall be responsible to pay the other's legal fees. 6 19. Caption/Exhibits. (a) The headings or captions of the sections and subsections contained in this Agreement are for convenience and reference only, and do not, in themselves, have any legal significance and shall not be afforded any. (b) The exhibits to this Agreement are hereby incorporated into this Agreement and are an integral part of this Agreement. In the event of any conflict between the Agreement and any exhibit, the terms of the Agreement shall govern and control except with respect to the legal description or description of the Property, in which case the correct statement in an exhibit will control over the Agreement, but only if the description in the exhibit is determined to be accurate. 20. Parties Bound. Following the recordation of this Agreement, the benefits and burdens of this Agreement will become a covenant running with the title to the Property and all parts and parcels thereof, and this Agreement shall be binding upon and will inure to the benefit of both the City and Developer, and the assigns and successors in interest to the Property and all parts and parcels thereof. 21. Severability. If any provision of this Agreement is held to be unlawful by a court of competent jurisdiction, the unlawful portion shall be deemed separate and distinct, and the same shall not affect in any respect whatsoever the validity or enforceability of the remainder of the Agreement. However, if the portion found to be unlawful results in the loss of a material benefit by the owner as a result of the excising or removal of such unlawful provision, then the Developer may terminate the Agreement. 22. Notices. Any notice delivered shall be in writing and shall be deemed to be delivered (whether or not actually received) when it is hand delivered to the official hereinafter designated; upon receipt of such notice when deposited in the United States Mail, postage prepaid, certified mail return receipt requested; or upon receipt of such notice when deposited with Federal Express or other nationally recognized overnight or next day courier, addressed to the parties as follows: To Developer: With a copy to: To City: Kevin Smith City Manager City of Winter Springs 1126 East State Road 434 7 Winter Springs, Florida 32708 Telephone: (407) 327-5957 Fax: (407) 327-4753 With a copy to: Anthony A. Garganese Brown, Garganese, Weiss &D'Agresta, P.A. 111 N. Orange Ave, Suite 2000 Orlando, Florida 32801 Phone: (407)425-9566 Fax: (407)425-9596 23. Entire Agreement. This Agreement constitutes the complete and entire agreement between the parties with respect to the subject matter hereof and it supersedes all prior agreements, arrangements or understandings,whether oral or written. 24. Modification. This Agreement may not be amended, changed or modified nor may any material provisions hereunder be waived, except by a written document of equal dignity signed by the Developer and the City after approval by the City's City Commission at a public meeting. 25. Counterparts. The Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same document. WHEREFORE, the parties hereto have caused these presents to be signed all as of the date and year first above written. WITNESSES: DEVELOPER: Standard Pacific of Florida GP, a Delaware Corporation Printed Name of Witness By: Its President Printed Name of Witness 8 ATTEST (Sea]): CITY OF WINTER SPRINGS, a Florida Municipal Corporation, By: ANDREA LORENZO-LUACES By: City Clerk CHARLES LACEY Mayor APPROVED AS TO FORM AND LEGALITY FOR THE CITY OF WINTER SPRINGS ONLY: ANTHONY A.GARGANESE,CITY ATTORNEY STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of , 2014,by , as of Standard Pacific of Florida GP, a Delaware corporation who is personally known to me or who has produced as identification. (NOTARY SEAL) Notary Public Signature (Name typed,printed or stamped) Notary Public, State of Georgia Commission No.: My Commission Expires: 9 Exhibit"A" The Property 10 EXHIBIT"A" LEGAL DESCRIPTION (PER TITLE COMMITMENT): PARCELS 1, 2, 3, 6, 7, 8, 11, 12, 13, 14, 16, 17 and Portions of Lot 1, 22, 23, 24 and the platted roads, Gardena Farms, as recorded in Plat Book 6,pages 23 through 24, of the Public Records of Seminole County, Florida,together being described as follows: A portion of Tuskawilla, D.R. Mitchell's survey of the Levy Grant, as recorded in Plat Book 1, Page 5, and a portion of Gardena Farms Town Sites, as recorded in Plat Book 6, Page 39, and a portion of Gardena Farms, as recorded in Plat Book 6, Pages 23 through 24, all of the Public Records of Seminole County, Florida,being more particularly described as follows: BEGINNING at the Northwest corner of Lot 51, Tuscawilla Unit 9, as recorded in Plat Book 24, pages 72-73 of the Public Records of Seminole County, Florida; thence run South 00°44'58" East, along the Westerly line of said Tuscawilla Unit 9, also being the Easterly line of Gardena Farms Town Sites as recorded in Plat Book 6, Page 39 of the Public Records of Seminole County, Florida, for a distance of 545.59 feet to the a point on the Northerly line of said Tuscawilla Unit 9, also being the Northerly line of Casa Park Villas Phase II and its Westerly extension; thence run North 85°40'44" West along said Northerly lines and said Westerly extension for a distance of 2372.28 feet; thence run North 04°17'16" East for a distance of 1404.44 feet; thence run North 85°44'34" West for a distance of 701.01 feet to a point on the Easterly right of way line of Tuskawilla Road; thence run North 13°13'34" East, along said Easterly right of way line, for a distance of 45.94 to the point of curvature of a curve, concave Westerly, having a radius of 5813.47 feet, a chord bearing of North 11'19'20" East and a chord distance of 382.08 feet; thence run Northerly along the arc of said curve, and said Easterly right of way line, through a central angle of 03°45'59" for an are distance of 382.15 feet to the point of compound curvature of a curve, concave Easterly, having a radius of 5693.21 feet, a chord bearing of North 11°19'33" East and a chord distance of 3 74.8 6 feet; thence run Northerly along said curve and said Easterly right of way line, through a central angle of 03 146'24" for an are distance of 374.93 feet to the point of tangency; thence run North 13°13'03" East, along said Easterly right of way line, for a distance of 12.05 feet; thence departing said Easterly right of way line,run South 87 058'44" East for a distance of 511.70 feet to the Westerly right of way line of the unnamed street as shown in said Plat Book 1, page 5; thence run South 87°1 T59" East for a distance of 15.00 feet to the centerline of said unnamed street; thence run North 02 041'54" East, along said centerline of unnamed street, for a distance of 372.00 feet; thence run North 87'17'59" West for a distance of 15.00 feet to the aforesaid Westerly right of way line of the unnamed street; thence departing said Westerly right of way line, run North 81'23'14"West for a distance of 188.75 feet; thence run North 11°14'43" East for a distance of 4795 feet; thence run North 74°48'12" West for a distance of 244.40 feet to the aforesaid Easterly right of way line of Tuskawilla Road, said point being on a curve, concave Easterly, having a radius of 5677.58 feet, a chord bearing of North 1413720" East and a chord distance of 240.25 feet; thence run Northerly along the are of said curve, and said Easterly right of way line, through a central angle of 02°25'29" for an arc distance of 240.27 feet; thence departing said Easterly right of way line, run South 87°58'38" East for a distance of 369.67 feet to a point on the aforesaid Westerly right of way line of the unnamed street; thence run South 87'17'34" East for a distance of 30.00 feet to a point on the Easterly right of way line of the unnamed street; thence run South 02°42126" West, along the said Easterly right of way line, for a distance of 14.64 feet; thence departing said Easterly right of way line, run South 87°58'38" East for a distance of 142.88 feet to a point on the Westerly right of way line of the Rails to Trails, said point also being a point on a curve, concave Easterly, having a radius of 4008.02 feet, a chord bearing of South 04°25'42" East and a chord distance of 293.20 feet; thence run Southerly along the arc of said curve, and said Westerly right of way line, through a central angle of 04'1 F32" for an arc distance of 293.27 feet to the point of compound curvature of a curve, concave Easterly, having a radius of 2248.74 feet, a chord bearing of South 15°30'27" East and a chord distance of 689.06 feet; thence run Southerly along the arc of said curve, and said Westerly right of way line, through a central angle of 173734" for an arc distance of 691.79 feet to the point of compound curvature of a curve, concave Northeasterly, having a radius of 1915.35 feet, a chord bearing of South 370513" East and a chord distance of 846.86 feet; thence run Southeasterly along the are of said curve, and said Westerly right of way line, through a central angle of 25°32'38" for an arc distance of 85391 feet; thence run North 37 008128" East, along said Westerly and Southerly right of way line, for a distance of 19.99 feet; thence run South 52°44'55" East, along said Westerly and Southerly right of way line, for a distance of 236.35 feet; thence run South 38°13'59" West, along said Westerly and Southerly right of way line, for a distance of 17.96 feet; thence run South 55°27'26 East, along said Westerly and Southerly right of way line, for a distance of 1415.48 feet to the POINT OF BEGINNING. Containing 3,873,017 square feet, or 88.91 acres, more or less. AND Parcels 4, 5, 9, and 10, together being described as follows: A portion of Tuskawilla, D.R. Mitchell's survey of the Levy Grant, as recorded in Plat Book 1, Page 5, and a portion of Gardena Farms Town Sites, as recorded in Plat Book 6, Page 39, all of the Public Records of Seminole County, Florida,being more particularly described as follows: BEGINNING at the Northwest corner of the Reserve at Tuscawilla Phase II, as recorded in Plat Book 50, Pages 3 through 9 of the Public Records of Seminole County, Florida; thence run thence run South 00°4533" East along the Westerly line of said Reserve at Tuscawilla, Phase II, also being the East line of Block A and Block D, Gardena Farms Town Sites, as recorded in Plat Book 6, Page 39, of the said Public Records of Seminole County, Florida, for a distance of 810.29 feet to a point on the Northeasterly right of way line of the Rails to Trails; thence departing said West line and said East line, run North 55°28'13" West along said Northeasterly right of way line, for a distance of 1393.50 feet to the point of curvature of a curve, concave Northeasterly, having a radius of 1815.35 feet, a chord bearing of North 39°53'47" West and a chord distance of 973.99 feet; thence run Northwesterly along the are of said curve, and said Northeasterly right of way line, through a central angle of 31'07'19" for an arc distance of 986.06 feet; thence departing said curve, and said Northeasterly right of way line, run South 85°45'55" East for a distance of 956.82 feet to a point on the Southerly right of way line of State Road 434; thence run South 41°02'40" East along said Southerly right of way line for a distance of 43.63 feet to a point on a curve, concave Northeasterly, having a radius of 2998.40 feet, a chord bearing of South 56°12'43" East and a chord distance of 373.78 feet; thence run Southeasterly along the are of said curve, and said Southerly right of way line, through a central angle of 07°08'50" for an arc distance of 374.02 feet; thence departing said curve, run North 30°12'52" East, along said Southerly right of way line, for a distance of 15.00 feet to a point on a curve, concave Northeasterly, having a radius of 2983.40 feet, a chord bearing of South 61'27'48" East and a chord distance of 174.69 feet; thence run Southeasterly along the are of said curve, and said Southerly right of way line, through a central angle of 03°21'20" for an arc distance of 174.72 feet; thence departing said curve, run South 04°13'03" West, along said Southerly right of way line, for a distance of 206.38 feet to the Northerly right of way line of Old State Road 434; thence run South 31°20'20" West for a distance of 30.00 to the Centerline of said right of way, said point also being on a curve, concave Northerly, having a radius of 581.40 feet, a chord bearing of South 76°03'01" East and a chord distance of 347.22 feet; thence run Easterly along the arc of said curve, and said Centerline, through a central angle of 34°44'53" for an arc distance 352.60 feet; thence departing said curve, run South 02°25'12" East for a distance of 29.86 feet to the POINT OF BEGINNING. LESS AND EXCEPT that portion of Old State Road 434 as shown on the Florida Department of Transportation Right of Way Map Section 77070-2517. Containing 1,207,960. square feet, or 27.73 acres, more or less. AND Parcel 15, also being described as follows: A portion of Tuskawilla, D.R. Mitchell's survey of the Levy Grant, as recorded in Plat Book 1, Page 5, of the Public Records of Seminole County, Florida, being more particularly described as follows: COMMENCING at the Northwest corner of the Reserve at Tuscawilla Phase II, as recorded in Plat Book 50, Pages 3 through 9 of the Public Records of Seminole County, Florida; thence run thence run South 00°45'33" East along the Westerly line of said Reserve at Tuscawilla, Phase 11, also being the East line of Block A and Block D, Gardena Farms Town Sites, as recorded in Plat Book 6, Page 39, of the said Public Records of Seminole County, Florida, for a distance of 810.29 feet to a point on the Northeasterly right of way line of the Rails to Trails; thence departing said West line and said East line, run North 55°28'13" West along said Northeasterly right of way line, for a distance of 1393.50 feet to the point of curvature of a curve, concave Northeasterly, having a radius of 1815.35 feet, a chord bearing of North 39°53'47" West and a chord distance of 973.99 feet; thence run Northwesterly along the arc of said curve, and said Northeasterly right of way line, through a central angle of 31'07'19" for an arc distance of 986.06 feet; thence departing said curve, and said Northeasterly right of way line, run South 85°45'55" East for a distance of 956.82 feet to a point on the Southerly right of way line of State Road 434; thence continue South 85°45'55" East for a distance of 279.36 feet to a point on the Northerly right of way line of said State Road 434 and the POINT OF BEGINNING; thence departing said Southerly right of way line, run South 85°45'55" East for a distance of 242.50 feet; thence run South 04°13'03" West for a distance of 132.06 feet to a point on the aforesaid Northerly right of way line, said point also being a point on a curve, concave Northeasterly, having a radius of 2853.40 feet, a chord bearing of North 60°55'00" West and a chord distance of 112.65 feet; thence run Northwesterly along the arc of said curve, and said Northerly right of way line, through a central angle of 02°15'44" for an are distance of 112.66 feet; thence departing said curve, run North 30°12'52" East, along said Northerly right of way line, for a distance of 10.00 feet to a point on a curve, concave Northeasterly, having a radius of 2843.40 feet, a chord bearing of North 58°08'24" West and a chord distance of 163.31 feet; thence run Northwesterly along the arc of said curve, and said Northerly right of way line, through a central angle of 03°17'29" for an are distance of 163.34 feet to the POINT OF BEGINNING. Containing 16,374 square feet, or 0.38 acres,more or less. Exhibit "B" Annexed Property 11 EXHIBIT"B" LEGAL DESCRIPTION (PER TITLE COMMITMENT): PARCELS 7, 8, 12, 14, and 17 and the platted roads, Gardena Farms, as recorded in Plat Book 6, pages 23 through 24, of the Public Records of Seminole County, Florida,together being described as follows: A portion of Tuskawilla, D.R. Mitchell's survey of the Levy Grant, as recorded in Plat Book 1, Page 5, and a portion of Gardena Farms Town Sites, as recorded in Plat Book 6, Page 39, and a portion of Gardena Farms, as recorded in Plat Book 6, Pages 23 through 24, all of the Public Records of Seminole County, Florida, being more particularly described as follows: COMMENCING at the Northwest corner of Lot 51,Tuscawilla Unit 9, as recorded in Plat Book 24,pages 72-73 of the Public Records of Seminole County, Florida; thence run North 55°27'26"West, along the Westerly right of way line of Rails to Trails, as recorded in Official Records Book 3177,Page 632 of the Public Records of Seminole County,Florida, for a distance of 595.66 feet to the POINT OF BEGINNING; Thence departing said Westerly right of way line run South 24'1513 911 West, along the Westerly line of Lot 1, Block 1, Gardena Farms Town Sites, as recorded in Plat Book 6,page 39 of the Public Records of Seminole County, Florida, for a distance of 86.39 feet; thence run South 09°45'37" West for a distance of 55.07 feet to a point on the Southerly right of way line of Railroad Avenue, as shown on the said Plat of Gardena Farms Town Sites; thence run North 55°27'26"West, along said Southerly right of way line, for a distance of 636.73 feet to a point on the South line of the North 112 of Block 3 of said Gardena Farms Town Sites;thence departing said Southerly right of way line,run North 85°4244" West, along said South line of the North 1/2 of Block 3, for a distance of 635.00 feet to a point on the West line of said Block 3; thence departing said South line, run North 04°17'16" East, along said West line, for a distance of 377.73 feet to the North line of said Gardena Farms Town Sites; thence departing said West line, run North 85°44'34" West, along said North line, for a distance of 1291.09 feet to a point on the Easterly right of way line of Tuskawilla Road; thence run North 13°13'34" East, along said Easterly right of way line, for a distance of 45.94 to the point of curvature of a curve, concave Westerly,having a radius of 5813.47 feet, a chord bearing of North 11'19'20" East and a chord distance of 382.08 feet; thence run Northerly along the arc of said curve, and said Easterly right of way line, through a central angle of 03°4559" for an are distance of 382.15 feet to the point of compound curvature of a curve, concave Easterly,having a radius of 5693.21 feet, a chord bearing of North 11°1 9'33" East and a chord distance of 374.86 feet; thence run Northerly along said curve and said Easterly right of way line,through a central angle of 03°46'24" for an are distance of 374.93 feet to the point of tangency; thence run North 13°13'03" East, along said Easterly right of way line, for a distance of 12.05 feet; thence departing said Easterly right of way line,run South 87°5844" East for a distance of 511.70 feet to the Westerly right of way line of the unnamed street as shown in said Plat Book 1,page 5; thence run South 87°17'59"East for a distance of 15.00 feet to the centerline of said unnamed street; thence run North 02°41'54" East, along said centerline of unnamed street, for a distance of 372.00 feet; thence run North 87'17'59" West for a distance of 15.00 feet to the aforesaid Westerly right of way line of the unnamed street; thence departing said Westerly right of way line,run North 81°23'14" West for a distance of 188.75 feet; thence run North 119443" East for a distance of 47.95 feet; thence run North 74°48'12" West for a distance of 244.40 feet to the aforesaid Easterly right of way line of Tuskawilla Road, said point being on a curve, concave Easterly,having a radius of 5677.58 feet, a chord bearing of North 14°37'20" East and a chord distance of 240.25 feet; thence run Northerly along the are of said curve, and said Easterly right of way line, through a central angle of 02°25'29" for an arc distance of 240.27 feet; thence departing said Easterly right of way line, run South 87°58'38"East for a distance of 369.67 feet to a point on the aforesaid Westerly right of way line of the unnamed street; thence run South 87°17'54"East for a distance of 3 0.00 feet to a point on the Easterly right of way line of the unnamed street; thence run South 02°42'26"West, along the said Easterly right of way line, for a distance of 14.64 feet; thence departing said Easterly right of way line,run South 87°58'38" East for a distance of 142.88 feet to a point on the Westerly right of way line of the Rails to Trails, said point also being a point on a curve, concave Easterly,having a radius of 4008.02 feet, a chord bearing of South 04°2542" East and a chord distance of 293.20 feet; thence run Southerly along the arc of said curve, and said Westerly right of way line,through a central angle of 04°11'32" for an are distance of 293.27 feet to the point of compound curvature of a curve, concave Easterly, having a radius of 2248.74 feet, a chord bearing of South 15°30'27" East and a chord distance of 689.06 feet; thence run Southerly along the arc of said curve, and said Westerly right of way line,through a central angle of 17°37'34" for an are distance of 691.79 feet to the point of compound curvature of a curve, concave Northeasterly, having a radius of 1915.35 feet, a chord bearing of South 37°05'33" East and a chord distance of 846.86 feet; thence run Southeasterly along the arc of said curve, and said Westerly right of way line,through a central angle of 25°32'38" for an arc distance of 853.91 feet; thence run North 37°08'28" East, along said Westerly and Southerly right of way line, for a distance of 19.99 feet; thence run South 52°44'55" East, along said Westerly and Southerly right of way line, for a distance of 236.35 feet; thence run South 38°13'59" West, along said Westerly and Southerly right of way line, for a distance of 17.96 feet; thence run South 55°27'26" East, along said Westerly and Southerly right of way line, for a distance of 819.82 feet to the POINT OF BEGINNING. Containing 1,517,496 square feet,or 34.84 acres, more or less. Parcels 4, 5, 9, and 10,together being described as follows: A portion of Tuskawilla, D.R. Mitchell's survey of the Levy Grant, as recorded in Plat Book 1, Page 5, and a portion of Gardena Farms Town Sites, as recorded in Plat Book 6,Page 39, all of the Public Records of Seminole County, Florida,being more particularly described as follows: BEGINNING at the Northwest corner of the Reserve at Tuscawilla Phase II, as recorded in Plat Book 50, Pages 3 through 9 of the Public Records of Seminole County,Florida.; thence run thence run South 00°45'33" East along the Westerly line of said Reserve at Tuscawilla,Phase II, also being the East line of Block A and Block D, Gardena Farms Town Sites, as recorded in Plat Book 6, Page 39, of the said Public Records of Seminole County, Florida, for a distance of 810.29 feet to a point on the Northeasterly right of way line of the Rails to Trails; thence departing said West line and said East line,run North 55°28'13" West along said Northeasterly right of way line, for a distance of 1393.50 feet to the point of curvature of a curve, concave Northeasterly,having a radius of 1815.35 feet, a chord bearing of North 39°5347" West and a chord distance of 973.99 feet; thence run Northwesterly along the arc of said curve, and said Northeasterly right of way line, through a central angle of 31°07'19" for an arc distance of 986.06 feet; thence departing said curve, and said Northeasterly right of way line,run South 85°45'55"East for a distance of 956.82 feet to a point on the Southerly right of way line of State Road 434; thence run South 41°02'40" East along said Southerly right of way line for a distance of 43.63 feet to a point on a curve, concave Northeasterly, having a radius of 2998.40 feet, a chord bearing of South 56 112'43" East and a chord distance of 373.78 feet; thence run Southeasterly along the arc of said curve, and said Southerly right of way line,through a central angle of 07°08'50" for an arc distance of 374.02 feet; thence departing said curve,run North 30'12'52" East, along said Southerly right of way line, for a distance of 15.00 feet to a point on a curve, concave Northeasterly,having a radius of 2983.40 feet, a chord bearing of South 61'27'48" East and a chord distance of 174.69 feet; thence run Southeasterly along the are of said curve, and said Southerly right of way line,through a central angle of 03°21'20" for an arc distance of 174.72 feet; thence departing said curve, run South 04°13'03" West, along said Southerly right of way line, for a distance of 206.38 feet to the Northerly right of way line of Old State Road 434; thence run South 31°20'20" West for a distance of 30.00 to the Centerline of said right of way, said point also being on a curve, concave Northerly,having a radius of 581.40 feet, a chord bearing of South 76°03'01"East and a chord distance of 347.22 feet; thence run Easterly along the arc of said curve, and said Centerline, through a central angle of 34°44'53" for an arc distance 352.60 feet; thence departing said curve, run South 02°25'12" East for a distance of 29.86 feet to the POINT OF BEGINNING. LESS AND EXCEPT that portion of old State Road 434 as shown on the Florida Department of Transportation Right of Way Map Section 77070-2517. Containing 1,207,960. square feet, or 27.73 acres,more or less. Parcel 15, also being described as follows: A portion of Tuskawilla, D.R. Mitchell's survey of the Levy Grant, as recorded in Plat Book 1, Page 5, of the Public Records of Seminole County, Florida,being more particularly described as follows: COMMENCING at the Northwest corner of the Reserve at Tuscawilla Phase II, as recorded in Plat Book 50, Pages 3 through 9 of the Public Records of Seminole County,Florida; thence run thence ran South 00 045'33" East along the Westerly line of said Reserve at Tuscawilla,Phase II, also being the East line of Block A and Block D, Gardena Farms Town Sites, as recorded in Plat Book 6, Page 39, of the said Public Records of Seminole County, Florida, for a distance of 810.29 feet to a point on the Northeasterly right of way line of the Rails to Trails; thence departing said West line and said East line, run North 55°28'13" West along said Northeasterly right of way line, for a distance of 1393.50 feet to the point of curvature of a curve, concave Northeasterly,having a radius of 1815.35 feet, a chord bearing of North 39°53'47" West and a chord distance of 973.99 feet; thence run Northwesterly along the arc of said curve, and said Northeasterly right of way line, through a central angle of 31°07'19" for an are distance of 986.06 feet; thence departing said curve, and said Northeasterly right of way line, run South 85°45'55" East for a distance of 956.82 feet to a point on the Southerly right of way line of State Road 434; thence continue South 85°45'55"East for a distance of 279.36 feet to a point on the Northerly right of way line of said State Road 434 and the POINT OF BEGINNING; thence departing said Southerly right of way line, run South 85°45'55" East for a distance of 242.50 feet; thence run South 04°13'03" West for a distance of 132.06 feet to a point on the aforesaid Northerly right of way line, said point also being a point on a curve, concave Northeasterly, having a radius of 2853.40 feet, a chord bearing of North 60°55'00" West and a chord distance of 112.65 feet; thence run Northwesterly along the are of said curve, and said Northerly right of way line,through a central angle of 02°15'44" for an arc distance of 112.66 feet; thence departing said curve, run North 30012'52" East, along said Northerly right of way line, for a distance of 10.00 feet to a point on a curve, concave Northeasterly,having a radius of 2843.40 feet, a chord bearing of North 58°08'24"West and a chord distance of 163.31 feet; thence run Northwesterly along the are of said curve, and said Northerly right of way line,through a central angle of 03°17'29" for an arc distance of 163.34 feet to the POINT OF BEGINNING. Containing 16,374 square feet, or 0.38 acres,more or less. Exhibit "C" Proposed Town Center Transect Map 12 1 `Plante Property EXHIBIT"C" Boulevard Extension Cross Seminole Trail Town Center T4 Town Center Town C �� +v� + ` •`rte. Weis. !P� T3 73 F Town Center Town Center City of Winter Springs Low Density V; * Residential PUD Zoning Town Cei6ter Overlay {1� y Exhibit "D" Concept Plan 13 CONCEPT PLAN y Site Data min 56 d. Road Type Legend Edge Drive 6 Neighborhood Street Neighborhood Lane t 3 • i 6 r y`■ 5 �.r... r. kin *- aw �',�..:�.,,•.► "" 5 l��rx� '!� = g � � ' '� h�.n ei..de�v. f�� +�''�r�y°c ``yl�•.�.n��j'� c: �'� _..� l.!a' � '. �i scnem ! -'�f�� �mil. .F��� •�:1�� ^�4 s.� `c� L< <�•T'_ !�, Exhibit "E" Depiction of Old SR 434 14 EXHIBIT E A rp Existing City 8-inch ' -N# t < Old SR 434-City has interest in this land,not to ie reserved for public purpose I Rp o q � 305 308 310 312 (y Gardena Avenue- 304 - City has interest ir: this land with a Ct�QS public purpose as 307 309 311 ss �Q roadway 302 303 300 200 301 r rn MR Exhibit"F" Existing Brownfield Area 15 EXHIBIT "F" 2950 Railroad Avenue,Winter Springs,Florida The M-1 zoning area of Parcel IDN 26-20-30 5AR-OA00-0080 generally described as follows: That part of Lot 8 commencing at the Southeast corner of Tuskawilla,according to the Plat of Mitchell's Survey of the Levy Grant on Lake Jessup,as recorded in Plat Book 1,Page 5,of the Public Records of Seminole County,Florida,thence North to easterly extension of the northerly boundary line of Lot 17 of said'Tuskawil[a,thence East to the westerly boundary line of Rails to Trails(abandoned CSX Railroad),thence Southeasterly along the westerly boundary line of said Rails to Trails to a point 654 feet MOL North of the north boundary line of Gardena Farms as recorded in Plat Book 6,Pages 23 and 24,of the Public Records of Seminole County,Florida, being the Point of Beginning,thence continuing Southeasterly along said Rails to Trails to north boundary line of said Gardena Farms,thence Westerly along said northerly boundary line of said Gardena Farms,633 feet MOL,thence Northerly 654 feet MOL to the Point of Beginning. 2960 Railroad Avenue.Winter Springs,Florida Parcel IDLE 06 21-31-501-030A-0000,generally described as follows: A portion of the North Y2 of Block 3,of Gardena Farms Town Sites as recorded in Plat Book 6, Page 39,of the Public Records of Seminole County,Florida,as further described as follows: Commencing at the Northeast corner of Lot 6 of said Gardena Farms,said point being on the westerly Right of Way line of Tuseawilla Gabriella Road;run thence S 85°51'39"E,702.17 feet,along northerly boundary line of said Gardena Farms;thence continue S 85°51' 39"E, 590.08 feet along said northerly boundary line to the Northwest corner of said Gardena Farms Town Sites and being the Point of Beginning;thence S 04°08'41"W.386.72 feet along the westerly boundary of said Gardena Farms Town Sites;thence S 851 51' 39"la,635 feet;thence N 550 35' 50"W,735.15 feet to the Point of Beginning. EXHIBIT F ;3 Brownfield Area 0 t� i; � a m I - f t Site Parcel IQ 4:26-20-30-5AR-OA00-0060 M-1 Zoning Area Only Approximately 4.59 Acres 0 4 Site Parcel ID#: 06-21-31-501-030A-0000 —� Approirnately 1.86 Acres R��`v' o1.aSa 0 250 500 1,000 Feet I l Nhlrna-�iryrn•nl F�nrnvy PAZW-1'"Are eland Area to-.n.�r i^up n�xC AMtY7121f1 pf7 Clandoen`tlnel Th(tYf � D14 s A Attachment "C" t+IOTCE fS'HC*REBY bION Tt ,T i T?4DE PLAFININ, SzONING i I�OARD ANA CITY CoMMlsssaN PROP-SET O,,l4DOPT y THE I=OLLS�VVIAIG - F3eSO4 UXIOPI NO`2Q14-10 j RESO.uTlonl of THE CI'I CbAfNIS510N >JF CITY aF; +In�T1= S� I I S W6 kh0"Y Flo DESIGNATIN E EA1M PROPERTY ENERALLL �tFSCRIBEI ' ......ARC L 00 tH�BQ L«A4L 3F i4RCEt : 1 &21 31,5 OJDA-000O g1� SAl4YI�FIELDARE1NfT11N THE CITY LIMITS F_W I ER SPAtFDGS bR #iE l? RPOSE En±uLRO»MEnITAI. RSHA151f.fTA'RQi!f AND fE�oNOi�llc �; REVEL,Dt�115�1 , 13S?1I1N�'e �TTi1iR14BIL1>�1�, 3r JE& fpLilt>R LNCOI�SISTEMT VSQL UT C?NS, i�ICf A FFECTII(f�DRT Int �a InJ ri 7 PL�1i111+11NO tfc �,?Nl1�Cz I OARQ 1?jj8LjC}3 Af;lh@G Vd1L1 S IiELDOt EpA SDIAY,.tUL 2,201 A7� 3t)�IUk.QRSOO�I THEREAFTER`.INITW COMMISSION C1iAMBERS LOCATED ` AT IIVI ii SPAINGS CITY HAt,I 1126 EAST Oxta,: 61NI R SPI1NGS, LORIt�A CITY COMMISSION ADOPTION IJBLIC lif=ARIPIGI�lII.L SIv IiELD,t3t+l tJ1ONb"AY;JULY`28;2014 AT 5:15,8 A:,OIi SOOP1 THEREAFTL R IN THE,CCf &ItSIQN CHAMBERS LOCATE I3. AT VdIN?ER'EPRINGS.,CITY HALL '!126 EAST'S?ATE ROAD 43 k4IIN7ER'SPRIt�;S,1=1 ORl�1A The proposes#`resolution end,complete,fegal despl oll" metes,and.bounds may be,obtarried`by Interested;partios betweer B am.aracl'a p.m,Mondaythrough Friday from the ,office of the Gtj±,.Cferk,,locatetl at 1126"'E.SR:934;Winter , Springs,;Florida.Fcir more Information,half{407)327-180p#227." petsotis wrth disabilities needing assistance#o participate In any of these proc6eK rigs,should cor�lact the Errfplojree Relations :60partmentPoordin-ator,48 hours in"advance oitlie meeting at L907)52 -1800,#236.This is a public hearing,interested parfes are advised that f hey may,appear.at the meeting,arcs!be heaif with respect iA Uie proposed ordfnahce.If you ctecitle to appi3al ariy recum"rnendation of decfs'ion made by the City Commission With respect to ar3y matter cdnsidered.at this kneeing,You Wlf, need a record of the proceedings,,and for such purposes,you may need to ensure that a verbatim record of the proceedings W made upon which the appeal is based. w