HomeMy WebLinkAbout2015 04 27 Consent 302 Plante Property Annexation Agreement 90-Day Extension Request COMMISSION AGENDA
Informational
Consent X
ITEM 302 Public Hearin s
g
Regular
Apri127, 2015 KS RS
Regular Meeting City Manager Department
REQUEST:
The Community Development Department - Planning Division requests the City
Commission approve a 90 day extension of the termination date for the Annexation
Agreement for the Plante property. The property is generally located east of Tuscawilla
Road and south of SR 434. The Annexation Agreement was approved by the City
Commission on May 12, 2014.
SYNOPSIS:
The Plante Property was annexed into the City of Winter Springs on May 12, 2014.
The developer of the property, Standard Pacific Homes is proposing to develop a 379 unit
single-family residential development on the property pursuant to Town Center
standards. Concurrent with the annexation of the property, the applicant agreed to enter into
an Annexation Agreement with the City Commission which laid the groundwork for
developing the property pursuant to Town Center Code criteria. Section 14 of the
Agreement automatically terminates within one (1) year from the date the last party signs
the Annexation Agreement if notice has not been provided to the City that the Developer
has acquired the Property. Closing of the property is currently scheduled for May 21, which
is after the one (1)year termination deadline noted in the Agreement.
CONSIDERATIONS:
On May 12, 2014, the City Commission approved an annexation and associated Annexation
Agreement for the Plante property. Section 14 of the Agreement automatically terminates
within one (1) year from the date the last party thereto signs the Annexation Agreement if
notice has not been provided to the City that the Developer (Standard Pacific Homes) has
acquired the Property. The closing between the property owner and developer is scheduled
Consent 302 PAGE 1 OF 2-April 27,2015
for May 21, after the one year termination date. The applicant is requesting a 90-day
extension to allow closing to be finalized and notice be provided pursuant to Section 14 of
the Annexation Agreement.
FISCAL IMPACT:
There is no fiscal impact associated with this agenda item.
COMMUNICATION EFFORTS:
This Agenda Item has been electronically forwarded to the Mayor and City Commission,
City Manager, City Attorney/Staff, and is available on the City's Website, LaserFiche, and
the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the
respective Meeting Agenda which has also been electronically forwarded to the individuals
noted above, and which is also available on the City's Website, LaserFiche, and the City's
Server; has been sent to applicable City Staff, Media/Press Representatives who have
requested Agendas/Agenda Item information, Homeowner's Associations/Representatives
on file with the City, and all individuals who have requested such information. This
information has also been posted outside City Hall, posted inside City Hall with additional
copies available for the General Public, and posted at five (5) different locations around the
City. Furthermore, this information is also available to any individual requestors. City Staff
is always willing to discuss this Agenda Item or any Agenda Item with any interested
individuals.
RECOMMENDATION:
Staff recommends the City Commission approve a 90-day extension for the termination of
the Annexation Agreement for the Plante property.
ATTACHMENTS:
A. Letter from R. Travis Rentz requesting 90-day extension to the termination clause in
the Annexation Agreement
B. Annexation Agreement, Plante Property
C. 90-day extension agreement
Consent 302 PAGE 2 OF 2-April 27,2015
Attachment " A "
CLaAR.K AI�BAUGH � R�NTZ I�I�P
, ,
A�I�I'ORN�YS � COUNS�I�ORS AT IaAW
7�� �. Morse Boulevarc�, suite l�l SCOTT D. CLARI:
�inter Pariz, Florida 32789 MITCHELL�.1�I,BAUGH'
Teleplione 407-647-7600 R 7iz�vzs REN7'Z
FaCSim�le 407-647-7622 CxRiSTOPx�x M. HarilLTON
�ebsite: www.winterparl�awyers.aom I.EIGH 1�NN BUZYNISI�
�BOAl2D CERTIFIED CONSTRUCTION LAWYL-'R
Apri13,2015
City of Winter Springs
Attn: Randy Stevenson,ASLA
1126 East State Road434
Winter Springs,Florida 32708
Re: Annexation Agreement by and between City of Winter Springs, a municipal
corporation and Standard Pacific of Florida GP, a Delaware corporation, with an
effective date of May 17,2015 ("Annexation Agreement").
Mr. Stevenson:
Our firm represents Standard Pacific. This letter shall serve as a request to extend the deadline to
which Standard Pacific shall provide notice to the City of acquiring the Property subject to the
Annexation Agreement. Currently, pursuant to Section 14 of the Annexation Ab eement, the Annexation
Agreement is set to expire on May 17, 2015 ("Termination Date"), if Standard Pacific fails to provide
notice to the City that is has acquired the Property. Due to our closing date under the purchase and sale
agreement being extended, closing on the property may not occur until after the Tennination Date. As a
result, we would request a 90-day extension to the Tennination Date. Also, Standard Pacific has elected
to purchase the Property in Standard Pacific of Florida, a Florida general partnership. We would request
that the amendment to the Annexation Agreement also note that the Developer will be Standard Pacific of
Florida, a Florida general partnership and not Standard Pacific GP, a Delaware corporation. We can
handle this through the Assignment provision if the City prefers that avenue. Thank you for your time
and please feel free to contact me with any questions.
Respectfully,
Clark,Albaugh & tz,LLP
��
R. Travis Rentz
cc: Anthony Garganese,Esq. (via email)
Standard Pacific(via email)
Attachment " B "
Prepared by and return fo:
Anthony Garganese,Esquixe
Brovvn,Garganese,Weiss&D'A�resta,P.A.
111 N. Orange Avenue,s��te zaao
Orlando,�'�,32841
(407}425-9566
ANNEXATION AGREEMENT
TI�IS ANNEXATION AGREEMENT ("Agreement") is made and entered into this
12th day of May, 2014 (the "Effective Da�e") by and between the City o� Winter S�rings, a
rz�unicipal corporatian organized and existing under the laws of the State of Florida (hereinafter
the "City") whase address is 1126 East �.R. 434, Winter Springs, Flarida 32708, and S�andard
Pacific of Florida GP, a Delaware Corporation (hereinafter referred to as "Developer"} whose
address is , and sha11 be fully e��orceable in accordance with
the terms hereo£
W�TNESSETH:
WHEREAS, the Developer is the contract pu�chaser of c�rtain real praperty
approximately 116 acres in size and lacated within unincorporated Serninole County, Florida,
and within the City of Winter Sprirzgs, F1�rida, �vhich real property is moxe particularly described
in EXHISIT ��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�he Property and develop the Praperty in accordance with the terms and conditions
of this Agreement upon the condifiian that this Agreement be approved and the City granting the
Future Land Us� and Zoning approvals specified in section 3 (a) of�his Agreem.ent; and
WHEREA�, a substantial portion of the �nincorporated Property has be�n included into
the City's Town Center Maste�-Plan for fut-ure developmen�upon a�nexation into the City; and
WHER.EAS, 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 rc�'erence; said
property hereinafter referred to as the "Annexed Property"), and to aggregate it with ttie portion
of the Property located �within the City of Winfier Springs in order to develop the property as one
uniform Town Center development project pursua�nt to the City's Toe�rn Center District Code;
and
WHEREAS, the Developer has participated in the design char�tt�required by the Ci�y's
Comprehensive Plan, Future Land Use Element, Po�zcy 2.1.2 for the future development of the
Property which xesulted i�the Developer proposing the Concept Plan referenecd in Section 5 (a)
of this Agreement; and
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WHEREAS, the purpose of this Agreement is to set forth the understandings and
agreements of the parties with respect to the foregoing, and ather rnatters as agreed to and set
forth herein; and
WHEREAS, this Agreement is autharized by, perniitted by, and consistent with the
provisions of the City's hom� rule Charter; the City's Comprehensive Plan; Chapters 163 and
166, Florida Statutes; Article VIII, Section 2b, Constitution of the State of Florida; Chapter 1'71,
Florida �tatutes; and other applicable law, and serves and advances an important public purpose
of expanding the City's existing Town Cent�r, providing good housing opportunities and
economic developrr�ent; and
NOW, THE12EF4RE, far and in consideration of the mutual covenants and agreements
contained herein, and other good a�d valuabie consideration each to the other has provided, the
receipt and suff ciency of which is hereby acknowledged, the parties agree as follows:
1. Recitals. �
{a} The recitals are adopted as the findings of the City Comr►�ission of the
City of Wint�r Spr�ngs, Florida.
{b) The above recitals are true and correct and are incorporated i�ta this
Agreement by reference, and are a matea�ai part af 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 �mpowered to enter into this Agreement and make binding future
co�mitments for the Property once the Property is acquired by Develapez.
2. Annexatian.
The Developer and the City agree to pursue an�exation of the Annexed Property
inta the City of Winter Springs boundaries pursuant to the tern�s and canditions of this
Agreement and applicable law. Developer agrees that they will not contest or object to the
annexation of the Annexed Property (pravided such ann�xation is consistent with the terms
hereof} and that the parties will fu11y cooperate with each other to achieve the annexation and
futur�develapment of the Property on�he te�s and conditions set farth her�in.
3. Municipal Services.
The City shall provide directly, or through a franchise ar contract wrth another
service provider, police and fire protection, e�ergency medical servic�s, r�vater and wastewate�r
services, solid waste collection, disposal and recycling services ta the Proper�y and all
impz-avenr�ents fiozn time to tirne located thereon, on the same terms and conditions and in the
same manner as is afforded to all other similarly sit�.�ated property owners within the City.
4. Development Conditions—Fnture La�d Use and Zonxn�Man.
{a) In order to facilitate the development of the Praperty, the City agrees,
upon annexation of the unincorporated portions of the Property, ta advertise and proceed with
public hearings to amend the former uniancorpoxated portion of the P�operty's Cornpr�hensive
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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 Tovvn Center Future Land Use Map designation portions of the Property with transect averlay
sub-designations af T3, T4, and T5, as more specifically depicted on the Transect Map a�tached
hereto and fully incorporated herein as Exhabit `�C." The afoz-ementioned comprehensive and
zoning map amendmen�s (incl�sive af the transect sub-designations) shali be subject to Florida
law and City Code, and shail be subject to final approval by the City Com�z�ission of Winter
Springs. No provision of this Agreement shall be construed as guaranteeing that the amendments
will be appraved by the City Commission. Each party wi11 fu11y cooperate with each ath�r ta
achieve the anr�endments on the terms and conditions set forth herein including, but not limited
to, submitti�g and e�ecuting any ap�lications customarily required by the City. The City may
proceed with the aforeznentioned public hearings simul�az�eous to or imrnediately after tk�e
adoption of this Agreement.
(b) It is understood and agreed that Developer will pay the fees, costs, or
e�penses that are customarily charged by the City on account of or in co�nection vvith the City's
review and processing of the comprehensive plan and zoning map amendments �ar the Property;
provided hawever, that the City shall pay its own attarneys' fees and consul�ing fees and staff
time, as may be detez�ined to b�necessary by the City.
5. Additional Development Conditions. It is the intent of the City and Developer
�hat the �roperty be developed as a rnixed use development incarporating high end z-esidential
units and compatible commercial uses consistent wit� the City's Town Center goals, policies and
objectives set forth in the City's Camprehensive Plan and Town Center District Code. It zs
further understood and agreed by the parties that in order to facilitate such development of the
Property, th�following development conditions shall apply:
{a} Maxi�num Residential Units and Densit • Commercial Develo ment.
The parties agxee that subject to applicable law, the ma�imum number of residential units that
can be developed on the Pz-operty is four hundred fifty (450) units, and the maximum density far
the Property shall not exceed fo�r {4} units per gross acre. The �roperty will generally be
developed in accordance with the Cancept Plan attached hereto as ExhAbit "D," subject to final
engineering approval in accordance with the ap�licable pravisions of the Cxty Code. In addition,
land shall be set aside for future comrn�rcial development on the portion of the Property
iden�ified as "commercial" on the said Concept P1an.
(b) Town Center Development Proiec�. The parties agz�ee �hat the Property
wi11 be incorporated into the City's Town Center and developed as a Town Center develop�nent
project, xegardless of the underlying fizture land use designation and zoning classificataon of the
Property.
(c) Propertv Currentiv Located within the City. The parties acknowiedge that
portions of the Property are currenfly located wzthin the City of Winter Spri�gs and have a Low
Density Residential �'uture Land Use designation and a �lan�ed Unit Development zoning
classification. A future land use and zoning map amendnn.ent is not contemplat�d nor required
for this portion of the Property. However, in order to incorporate this �'roperty into the pro�osed
Tawn Center project in a unified manner, the parties agree that this 1'roperty shall be governed in
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ali respects by the City's Town Center District Code as i��his portion of the Property was zoned
Town Center.
(d) Vacation af Old SR 434 Ri�ht=of-Wa� The City agrees to provide
Developer as�istance and support in order to facilitate the vacation,by the State of Flarida, of the
old State Road 434 right-of-way as generally depicted on E�hibit "E," which is attached hereto
and incoz-porated herein by this reference. The City's support and assistance will be in
accordance with law.
(e) Vacation af Otlier Ri�nts-of-Way. The parties acknowledge fihat during
the developmenfi af the Property, Developer will des�gn and dedicat� certain public rights-of way
to the City in accordance wittl a right-of-way master plan approvec3 by the City. To the extent
that the Property is encunabered with existing rights-of way that da not support the right-of way
master plan, the City will support the vacation of the existing rights-nf-vvay {subject to
reservation of utility easements if necessary) that are inconsistent with the naa�ter plan and no
lo�ger needed for the development in accordance with the requirements af law.
{fl Fut�xre Development A�reement. The parties acknowledge and agree
that this Annexation Ageement only addresses preli�inary matt�rs for the annexation and future
development of the Property wi�hin the City. The parties contemplate as �he Developer proceeds
through the City'� development review pracess to obtain a development order(s) for the Property,
the parties will need to negotiate and prepare a more detailed development ageeYnent that will
more specif cally sets forth the parties obligations and requirements for the development of the
Property
(g) Approval of Brownfie�d Area. The parties acknowledge that a
partian of �he �roperty identified on Exk��bit "F" attached hereto is a designated Broyvnfield
Area puxsuant to Resolution No. 20Q7-R-233 ("County Resolution") adopted by Seminole
County, Florida on Decexnber 11, 2007. The Ci�y hereby appxoves the Property as a Brownfield
Area and adopts the County designation as sufficient for City Brown�eld designation, pursuant
to Flarida Statute § 376.80, and agrees to adop� a similar City resolution ratifying the designation
within the jurisdictional limits of the City to the extent deerned necessary by the parties or the
State of Flar�da. The ratification of the Brownfield Area shall occur within thirty {30) days of
the annexation of the unincorporated portians 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 fiiture, request that the City autharize an expansion of the Brawnfield
Area to include a small portion of property that Developer's due diligence environmental report
may indicate contains contaminated sail impacts. Upon receipt of such request from the
Developer in writing, the City shall pursue the adoption of a resolution approving�he exparision
in accordance with Section 376.80, Florida Statutes.
6. Notice of Property Acquisitio�; Dutv To Cooperate.
(a) The parties agee to cooperate at all times, in a timely m�anner, and in goad
faitih regarding tl�e implementation of this Agreement. This cooperation shall extend to the
granting by the City and the acquisition by the Develop�r, of applicable necessaxy m�riicipal
permits and development orders, and the Develaper shall diligently process and seel� the receipt
�
of, an.d shall use reasonable legal means, to obtain all necessary�tate, municipal, federal permits,
development orders, licenses, easements and other approvals or rights in connection with the
development of th�Praperty in accordance with this Agreement and applicable land use, zoning,
land develop�ent, building and construction reg�zlations.
(b) Within five (5) days of acquiring title �o �he Property, Developer shall
provide the City and the City Attarney with written notice of acquisition so this Agreement may
be recorded in accordance with Paz-agraph 14 of this Agreement.
'�. Fnarthe�r Assurances. In addition to the acts recited in ar set forth in this
Agreement, the parties agree to perfor�n or cause to be performed in a ti�nely manner, any and all
fiirther acts as may be reasonably necessary to implement �he provisions of this Agree�ent,
including but not limited to the execution and/ar recordation of further instruzxients; provided
howe�rer that the City's obligation sk�all be subject to such limitations of law as may be
applicable ta municipalities.
8. Limitations of Remedies. The parties hereby agree not to pursue an award of
monetary daamages �or a breach by or non-performance af�he other party under this Agreement.
The only remedies of the other party available against the non-per�orming party under this
Agreement shall be either to withhold fi.rrther performance under the Agreement until the non-
performing party cures the non-perfonnanc�, or to seek a court order fram �he Circuit Court of
the Eighteenth Judicial Circuit in and for Seminol� County, Florida requiring the non-performing
party to fulfill its obligations under the Agxeement. However, nothing in this Agreement shal� be
construed to limit the right of either party to puxsue any and all available remedies if any, under
non-tort or constitutianal law relating to a party's non-perfor�x�ance under the Agreement so long
as damages are not sought. The City vvill not waive sovereign immunity and does not waive
sovereign immunity to any extent by z-eason of this Agreement, and in the event Developer seeks
any relief against the City, the City may rely on any available defense arising aut of its sovereign
immunity. In the event a court order is issued declaring non-pexfozxnance by either party, the non-
perfarming party sha11 be requzred to reimburse the other party any actual and reasonable
expenses incurred as a result of the breach(excluding attorney's fees and le�al costs).
9. Discla�znex Of Third Par Beneficiaries. This Agree�ent is solely for the
benefit of the formal parties to this Agreemen� and no right or cause of action shail accrue by
reasan hereof to or for the benefit of any third party that is not a forrnal party hereta Nothing in
this Agreement, ex�ress or implied, is in�ended to be nor shall be a conferring upon or giving any
person or entity any right, remedy or claixn by reason af this Agrecm�nt or any �rovisions or
canditians hez-eof, ir�cluding any �rovisions or co�ditions hezea� 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 Ag7reement.
10. Time Is Of The Essence. The parties agree �hat they shall diligen�ly and
expeditiously pursue their respective abiigations.
11. Successors aad Assi�ns. Developer rnay assign the rights under this Agreement
to anothez- party by writ�en instrument, provided the assignee shali expressly agree under said
instru�czent to be bound by the terms and conditions of this Agreement. Within thzee {3) days of
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any such assignment, the Developer and assigrnee shall provide the City with a copy of the
written assignment instz ument This Agreement and the ter�s and conditions hereof shall be
binding upon and inure only to the benefit of the City and the Developer, and their respective
succe�sors in int�rest.
12. Applicable Law. This Agz-eement and tihe provisions herein shall be construed,
controlled and interpreted according to the laws of Florida.
13. Bindin�Effect. Eacl�party represents to the other it has underta�en all necessary
actions ta execute this Agreement and has the legal authority to enter this Agreement and to
undertake all obligations imposed on it.
14. Recordin�; Termination for Failure to Tirnely Acquire_ Prope�rtv. Upon
Developer's execution of this Agreement and t�e City receiving th� wr'rtten notice of acquisition
from the Developer pursuant to Paragraph b (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 acc�uisition from the
Developer within one {1} year from the date that the last party to this Agreement executes the
sax�ne, this Agreement shall automatically be deezx�.ed null and void and terminated unless the
parties mutually agree to addrtinnal time to permit Developer to acquire the Property under the
term� and conditions of this Agreement.
1S. Venae. Any and all actions or proceedings arising out of or related to this
Ag,reexxae�t or brought to enforce or interpret this Ag�reement, shail be brought exclusively and
soiely in the court of appz-opriate jurisdiction in Seminole County, k'lorida.
16. Coms�ruct�on �r Inter re�ation Of the A reeznen�. This Agreement is the
result of bona fde arm's length negotia�ions bet-ween the parties and all parties have contributed
substantially and materially to the prepara�ion of the Agreement and were zepresented by
caut�sel. Accordingly, this Agreement shall not be constr�ed or interpreted more strictly against
one party as against the other party.
17. Develo rnent Permits. Nothing herein shall lirnit the City's authority to grant or
properly deny any development permit applications ar requests subsequent to the effective date
of this Agreement. The failure of this Agreexz�ent to address any particular City, County, State
and/or�'ederal permit, condition, term or restriction shall z�ot relieve Developer or the City of the
necessity of complying wztk� �he law governing said permitting requirement, condition, term or
restriction. Without imposing any limitation on the City's police powers, the City reserves the
right ta wittzhald, suspend, or terminate any and a11 certificates of occupancy for any building or
unit i£Developer is in breach of any term or condition of this Agreement.
18. Attorne s' Fees and Costs. In the event of a dispute regarding this Agreement,
the parties shall bear their own attorneys' fees and Iegal costs and neither shall be responsible to
pay the other's legal f��s.
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I9. CaptionlExhi�bits.
(a) The headings or captions o�the secfiions and sulasections contaiz�ed in this
Agreertaent are for convenience and reference only, and do not, in thems�lves, have any legal
significance and sha11 not be afforded any.
{b) The exhibits ta this Agreen�ent are hereby incorporated into this
Agreernent and are an integral part of this Agr�ement. In the event of any conflict between �he
Agreement and any exhibit, the terms of the Agreement shall govern and controi except with
respect to the legal description ar description of�he Property, in which case the cor�rect statement
in an exhibit will can�ral aver the Agreeme�zt, but only if �he description in t�e exhibit is
determined to be accurate.
20. Par�ies Baund. Following the recordation of this Agreement, the benefits and
burdens of this Agreement wi11 become a covenant runni�g 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 fihe City and Developer, and the assigns and successors in interest to the Property and all
parts and parceis thereof.
21. Severabilit_y. If any provision af this Agreement is held to be unlawful by a court
o� competent jurisdiction, the utilawful portian sha11 be deemed separate and distinct, and �he
same shali �ot a�fect in any respect whatsoevex the validity ar enforceability of the remainder of
the Agreement. However, if the portion found to be uz�lawful results in the loss of a znaterial
benefit by the owner as a result of the excising or removal o�such unlawful provision, then the
D�veloper may termina�e the Ag�reement.
22. Notices. Any notice delivered shall be in writing and shall be deemed ta be
delivered (whether or not actually received) when it is hand deiivered to the o�cial hereinafter
designated; upon xeceipt of such notice when depasited in the United States Mail, postage
prepaid, certified �ail returm receipt requested; or upon receapt of such notice when deposited
r�vith 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
�'ax: (407) 327-4753
With a copy to: Anthany A. Garganese
Brown, Garganese, Weiss &D'Agresta, P.A.
11 l N. Orange Ave, Suite 2000
Orlando, Florida 32801
Phone: (407) 425-9566
Fax: {407) 425-9596
23. Entire A�reement. This Agree�ent constitutes the complete and entire
agreernent between the parties with respect to the subject matter hereof and it supersedes all priar
agreements, arrangercients or understandings, whether oral or written.
24. Modifieation. This Agreement may not be a�nnended, changed or modified �or
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'� City Can�xnission at a public
meeting.
25. Counterparts. The Ag�reement may be executed in any nu�xzber of counterparts,
each o£which shali be d�emed an original, but aI1 of which taken together shall constitute one
and the sarr�e document.
W�EREFORE, the parties hereta have caused these presents to be signed all as af the
date and year first above written.
WITNESSES: DEVELOPER:
-- Standard Pacific of Florida GP, a Delaware
Corporation
, a
Printe m f ' � �. -�
By: •
! �� C �---�..�_
������� � , �� Its President
Pninted Name of Witness
8
AT°�EST (�eal): CITY OF WINTER SPRINGS, a Fiorida
, Municipal Cozporation,
�. �:
� � -
�,��'�����`O-LUACES By:
City Cler�e CH L
Mayor � ��
/
�
�- '
' APPROVED AS TO FORM AND
LEGALITY FOR THE CITY OF WINTER
SPRIN NLY:
ANTHONY A.GARGANESE,CTI'Y ATTORNEY
STATE OF ��
COUNTY OF �
�
The faregoing instrument was acknowledged before me t�is � � day of � ,
2014,by ��� !a t� �59�___, as � �� �of Standard Paci�c of Flarida GP, a Delaware
corporation wha is personall knovvn to me � or d
(NOTARY SEAL)
Notary�ublic Signa�rr�
:{+itY e°'•,, R01dWl.D'TRAVIS RENTZ
�� � Cf}I191TIt55101'F��.�'���3�3�
:; �'a: Expires May 2,2016 (Name ty�ed, printed or stamped)
•.�oFF;�o'C'� BandedThruTroyFainfr�swance8W�85�7#1}9
Notary Public, State af Georgi�a
Cor�mission No.:
My Commission Expires:
9
Exhibit"A"
'Y'he Properfy
10
�XHI�IT"A"
LEGAL DESCRIPTI4N (PER TITLE COMMITMENT):
PARCELS 1, 2, 3, 6, '7, S, 11, 12, l3, 14, l6, 17 and Portions of Lot 1,22,23, 24 and the platted
roads,Gardena Far�r�s, as recorded in P1at Book 6,pages 23 through 24, af the Pu�lic Records of
Semiriole County,Flarida,togethe�•being ciescribed as follows:
A portion of Tuskawilla, D.R. Mitchell'� st�rvey of t�e Levy Grant, as recorded in Plat Book 1,
I'age S, and a pnrtian of Gardena Farms Town Sites, as recorded it�Plat Book 6, Page 39, and a
portion af Gardena Farins, as ��ecord�d in Plat Book 5, Pages 23 thraug� 24, al! of the Publzc
Records of Seminvle Coun#y,Florida,being more particularly described as follows:
BEGINNPNG at the Noz�thwest corner of Lot S1, Tuscawilla Unit 9, as recarded in Plat Book 24,
pages 72-73 of the P�blic Records of SetninoIe County, Florida; thence run South 00°��4'58"
East, along the Westerly line of said Tuscawilla Unit 9, also being the Easterly line nf Gard�na
Farn�s Town Sites as recorded in Plat Book 6, Page 39 0#' the Public Records af Senainole
Caunty, Florida, for a tlistance of 545.59 feet to the a point on the Northerly line of said
Tuseawilla Unii 9, also being the Nort�erly line of Casa Parlc Villas Phase II and its Westc;rly
extensian; thence n�n North 85°4d'44" West along said Northerly lines and said Westerly
extensian for a distance of 2372.28 feet; thence run North 44°17'16" East far a distance of
14Q4.4� fee#; t�ence �-un Nor�h 85°44'34" W�st for a distance of 701.OI feet to a point on tl�e
Easterly right of way line of Tuskawilla Road; #�ence run Narth 13°13'34" East, along said
Easie�•ly right of way line, for a distance of�5.94 to tha point of cuzvature of a curve, conca�e
Westerly, having a radius of 5813.47 feet, a chord bearing of North i 1°19'20" East and a chord
distance of 382.08 feet; thence run Narther�y alang the are of said curve, and said Easterly right
of way line, Chrough a central angle of 03°45'S9" fo�•an arc distance of 382.1 S fee#to t�e point of
cornpound curvature af a curve, concave Easterly, having a radius af 5693.21 feet, a chord
bearing of North 1 l°19'33" Eas� az�d a chozd distance af 374.86 feet; thence run Northerly along
said curve and said Easterly right of way line, tl�•ough a centrat angle oF 03°45'24" for an a�•c
distarkce of 374.93 feet to tii� goint of tan�ency; thence r�n North 13°13'43" East, along said
Easterly �ight af way Iine, for a distance of 12.05 feei; thence departing said Easter�y right of
way line, run�outh 8'7°58'44" East for a distance of S 11.70 feet to the Westerly r�ght of�vay line
c�f the unnamed street as shown in said Plat Book l, page 5; t�►ence run South 87°17'S9" East for
a distance of 1 SAO feet to the centerline of said unnamed street; thence run North 02°41'S4"
East, alang said centerli�e of unnam.ed street, for a distance of 372.00 feet; thence run North
87°17'S9" West far a distance of L5.00 feet tn the aforesaid Westerly right of way line of the
unnamed street; thence departing said Westerly right of way line, run North 8i°23'14" Wesfi for a
distance of l 88.75 feet; thence run North l i°14'43" East for a distanee of 47.95 feet; thence run
Narth 74°48'I2" West for a distance af 244.40 feet to the aforesaid Easterly right of way line of
Tuskawil(a Road, said point being on a curve, concave Easterly,having a radius of 5677.58 fect,
a chord bearing of North 1�°3'7'20" East and a chord distance of 24Q.25 feet; thence r�n
Northerly along the are of said curve, and said Easterly right of way lane, through a central angle
of 02°25'29" for ar� arc distance of 24Q.27 feet; thence departing said Easterly right nf way line,
run Sotath 87°5$'38" East for a distance of 369.b7 feet to a point on the afoxesaid Westerly r�gh#
of way line af the unnamed street; thence ru�South 87°17'34" East for a distance of 30.00 feet to
a paint nn the Essterly ri�ht of way line of the unnamed street; ther�ce run South Q2°42'26" West,
alo�g the said Easterly right of vvay line, for a distance of 1�.64 feet; thence departing saici
angle of 07°OS'SQ" for an arc distance of 374A2 feet; thence departing said cu�-ve, run Noz-tl�
30°12'52" East, along said Southerly right of way line, for a distance of l 5.00 feet to a paint on a
curve, concave Northeasterly, having a radius of 2983.4Q �eet, a chord bearing of South
b]°2T4$" East and a chord distance of 174.69 feet; thence run Soutkasasterly alang the arc of
said curve, and said Southerly right of way line, thraugh a central angle of 03°21'2Q" for at� arc
distance of 174.72 feet; thence departing said curve, run South 04°13'03" West, along said
Snutherly right af 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.OU fo the Centerline of
said right of way, said point alsa being on a curve, concave Northerly, having a radius of 581.40
feet, a chord bearing of Sout� 76°03'O1" East and a chord distance of 347.22 fEet; thezace run
Easterly along the arc of said curve, and said Centerline,through a centra3 angle of 34°��'53" for
an arc distance 352.64 feet; thence departing said curve, run South 02°25'12" East For a distance
af 29.86 feet to tl�e POINT OF BEG�NNING.
LESS AND EXCEPT thai partiou of Oid State Roaci 434 as shown o�the Fiorida Department nf
Transportation Right of Way Map Section 77070-2517.
Containir�g I,207,960, square feet,or 27.73 acres,n�ore at•less.
AND
Parcel 15, alsa beir�g described as follo�us:
A portion of Tuskawilla, D.R. Mitchell's survey of the Levy Grant, as recorded in Plat Boo�C 1,
Page 5, of the Public Records af Seu�inole Cotuity, Florida,being�nore particularly described as
follnws:
COMMENCTNG at the N�rthwest corner of the Reserv� at Tuscawilla P�ase II, as recorded in
Plat Book 50, Pages 3 through 9 of the Public Records Qf Seminole County, �lorida; thence run
thence run South 00°45'33" East alang the Westerly Iine of said Reserve at Tuscawilla, Phase II,
also being the East line of Block A and Black D, Gardena Farms Town Sites, as recorded in Plat
Book 6, Page 39, of the said Public Records af Serninole County, Florida, for a distance oF
810.29 feat to a point on t�e Northeasterly riglrt of way line nf tl�e Rails to Traiis; thence
cieparting said West line and said East line, rEan Narth 55°28'13" West along said Nartheasterly
right af way line, for a distance of 1393.SQ feet to the point of curvature of a curve, cancave
Northeasterly, having a radius of 1815.35 feet, a chord bearing of North 39°53'47" West and a
chprd distance of 973.99 feet; thence ��rn Northwesterly along the arc of said curve, and said
Northeasteriy right af way line, through a central angle of 31°07"19" for an arc distance of
986.06 feet; thence depa��ting said cur�e, and sa�d Northeasterly ri�ht of way lir�e, run South
85°45'S5" East for a distance af 956.$2 feet to a point on tl�e Southerly z-�ght of way line of State
Road 434; thenc� continue South 8S°45'S5" East for a diskance of 279.36 feet to a point on the
No�therly �-ight of way line of said State Road 434 and the P4INT OF BEGiNNING; thence
departing said Sou#herly right of way line, run South $5°45'S5" East far a distance of 242,50
feet; thence run �auth 04°13'03" West far a distance of 132.Ob feet to a point on the aforesaid
Nartherly right of way line, said point also being a point o�1 a curve, concave Northeasterly,
having a radius of 2853.40 feet, a chard bearing of North 60°55'00" Wesi and a chard distance of
Easterly ��ight of way line, run South 87°S$'3$" East for a distance of 142.88 feet to a point on
the Westerly rigl�t nf way line of the RaiXs to Trails, said point also being a point on a cu�ve,
coneave Easterly, having a radius of 4008.02 feet, a chord bearing of South 04°2S'42'" East and a
chord distance of 293.20 feet;thence run Southerly along the arc of said c�uve, and said Westerly
��ght of way line, through a central angle of 04°]1'32" �o�• an arc distance of 293.27 feet to the
point of coanpound curvature of a cutve, concave Easterly, having a radius of 2248.74 feet, a
chord bearing of�outh 15°30'27" East and a chord distance af 689.06 Feet; thernce run Southerly
along the arc of said curve, and said Westerly right of way line, through a central angle of
l7°37'34" for an are distance of 691.79 feet to the point of connpound curvature of a curve,
conca�e Noriheasterly, having a radius of 1915.35 feet, a chard bearing ot'South 3'7°45'33" East
and a chord distance of 846.86 feet; thence run Southeasterl� along the arc of said cu�ve, and
said Westerly right af way line, through a central angle of 2S°32'38" for an arc distar�ce of
85391 feet; thence run North 37°OS'28" East, alvt�g said Westerly and Southeriy right of way
line, for a distance of 19.99 feet; the�ace run South 52°44'55" East, along said Westerly and
Sout�erly right of way line, for a distance of 236.35 feet; thence run SoutY� 38°13'S9" West,
along said Wes#erly and Southerly right af way line, for a distance of I796 feet; thence r�an
South 55°27'26 East, along said Westerly and Southerly right of way line, for a distance of
1415.48 feet to the POINT OR BEGINNING.
Containing 3,873,017 squai�feet,or 88.91 acres, mare or less,
AND
Parcels 4, 5, 9, and 10,together being desc�bed as fo3lows:
A portion of Tuskawilla, D.R Mitchell's survey of t�ie Levy Granf, as recorded in Plat Book 1,
Page 5, and a portion of Gardena Fat�x�s Town Sites, as recorded in Plat Book 6, Page 39, all of
the Public Records of Serninale County, �'lorida, bein�more particularly described as follows:
BEGINNING at the Northwest corner of the Resetve at Tuscawilla Phase II, as recorded in Plai
Book 50, Pages 3 thrvugh 9 of the I'ublic Recards of Seminole County, Floxyda; thence run
thence run South 00°45'33" Easi along the Westerly line of said Reserve at Tuscawilla, Phase II,
also being the East line of Block A and Block D, Ga�•dena Fanns Town Sites, as recordeci in Plat
Book 6, Page 39, of the said Public Records af Seminole County, Florida, for a distance of
S S 0.29 feet ta a point orz the Nnrtheasterly rigl�t of way line of tl�e Rails to Trails; thence
departing said West line and said East line, z-un North SS°28'13" West along said Northeasterly
right of way line, fo�- a dis#ance of 1393.50 feet to the point of curvatr.tre of a cuive, concave
Northeastez•ly, having a radius of 1815.35 feet, a chord bearing of North 39°53'47" West and a
chard distance of 973.99 feet; thence �run Northwesterly alang the arc af said curve, and said
Northeaste�•ly ri�;ht af way line, througl� a central angle of 3l°Q7'19" for an arc distance of
986.06 feet; thence departin�; said curve, and said Noz�theasterly right of way line, run South
$5°45'55" East for a distance af 9SG.82 feet to a pnint on the �outherly i�ight of way line of State
Road 434; thence run South 43°02'40" East along said Southerly�.ght of way line for a distance
of 43.63 feet to a point on a curve, cancave Northeasterly, havin� 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 tk�e arc of said curve, and said Southerly righi of way lin�, ihrou�h a central
I 12.65 feet; thence run Northwesterly along the arc of said curve, anci said Northerly right of
way line, thraugh a central angle of 02°15'44" for an arc distance af 112.66 feet; thence
departing said curve, tun North 30°12'S2" East, along said Northerly right of vvay iinv, for a
dis#ance of 10.00 feet to a point an a curve, concave Northeasterly, having a radius of 2843.4�
feet, a chord bearing af North 58°OS'24" West and a chord distance of i 63.31 feet; thence run
Northwesterly alozag the arc of said curve, and said Northerly right of way line, through a central
angle of 03°17'29" fbr an aa•c distance af 163.34 feet to the P�INT OF BEGINNING.
Containing �6,374 square f�et,or 0.38 acres,inore or less.
Exhibi�"B"
Annexed Property
11
�XHIBIT"B"
LEGAL DESCRIPTION(PER TITLE COMMITMEI�iT):
PARCELS 7, $, l2, 1A�, and l7 and the platted roads,Gardena Fai�ns, as recorded in Plat Book 6,
pages 23 through 24,of the Public Records af Se�ninole County,Florida, to�ether being
described as follaws:
A por�ion of Tuskawilla, D,It, Mitchell's sutvey of the Levy Grant,as recarded in Plat Bools 1,
Page 5, and
a portion af Garde�a Farms Town Sites, as recorded in�'lat Book 6, Page 39, aud a portion of
Gardena F'arins, as recarded in Plat Book 6, Pages 23 through 24,all vf the Public Records of
Seminole County, F'Iorida,bein:g mare particularly descri��d as follows:
COMMENCTNG at the Northwest comer of Lot Sl,Tuscawilla Unit 9, as recaxded in Plat Book
24, pages 72-73
of the Public Records of Seminole County, Florida; thence run North 55°2T26"West, aiong tl�e
Westerly right of way line af Rails to Trails, as recorded in Official Recards Book 3I77,Page
532 of the Public Recards of Seminole County,Florida, for a distance af 595.66 feet ta the
PO1NT OF BEGINNING; Thence departing said Westerly right of way line run Soutl�24°1 S'39"
West, along th�Westerly line of Lot 1, Block 1,Gardena Farms Tawn Sites, as recorded in Plat
Book 6,page 39 of the Public Records of Seminaie Couzity, Flarida, 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 Sautherly right o�
way line of Railroad Ave�ue, as shown on the said Plat of Gardena Farms Tgwn Sites; thence
run North 55°27'26"West,along said Southerly right of way Izne,for a distance of 636.73 feet ta
a point on tlae South line of the North l/2 0�Block 3 nf said Gardena Farms Town Sites;thence
departing said Southerly right of way line,�un North 85°42'44" West, al�ng said South lit�e of
the Nortli 112 of Block 3, for a distance a�63S.Q0 feet to a point o�the West line of said BInck 3;
thence departing said Sauth line,run North 04°17'l 6" East, along said West line, for a distance
of 377.73 fest ta ths Nort�:line of said Gardena Fanns Town Sites; thence departing said West
line,run North 85°�4�'3�"West,along said Not�th line, far a distance of 1291.09 feet ta a point nn
the Eas#erly right of�uvay line of Tuskawilla Raad; thence r�tn North 13°13'34"East, along said
Easterly right af way line, for a distance of 4594 to th�point of cuivature of a curve, concave
Westerly,having a radius af 5813.47 feet, a choxd beat-ing of North 11°19'20" East and a chorci
distance of 382.08 feet;thence run Northerly alvng the arc of said curve, and said Easterly right
of way line,through a central angte of 03°45'S9" for an are distance of 382.15 feet ta the point of
compound curvature of a curve,cone�ve Easterly,�aving a radius of 5693.21 feet,a chord
bearing of North I I°19'33" East and a chord distance of 374.$6 feet; thence run Northerly along
said cu�ve and said Easterly righ.t of way line,through a c�ntral angle of 03°46'24" far an arc
distanee of 374.93 feet#o the point of tangency; thence ruza North l3°13'03"East, along said
Easterly right of way line, for a distance of 3 2.05 feet; thence departing said Easterly ri�ht of
way line, run South 87°5$'44" East for a diatance of 511.70 feet to ihe Westerly right of way line
of the unnarned street as shown in said Plat Book 1,page 5; thence run South 87°17'S9"East for
a discance of 15.00 feet to the centerline of said unnamed street;thence run North 02°41'S4"
East, alang said centerline of unnamed street,foz'a distance oF372A0 feet; thence i-�n Nort�i
$7°17'S9" West far a discance of i 5.00 feet to the aforesaid Westerly right of way line of the
unnarned sireet; thence departing said Westerly right af way line,run Narth 81°23'14"West for a
dis�ance af 188.75 feet; thence ri.in North l l°14'43" East for a distance of 47.95 f�et; thence iun
North 74°48'12"West for a distance of 244.4D feet ta the afaa•esaid East�rly right of way line of
Tuskawilla Road, said point being an a cu�rve, cancave Eascerly,havi�g x radius of 5677.58 feet,
a chord hear�ng of North l4°37'20" Bast and a chord distance of 240.25 feet;thence run
Northerly along the arc of said cur�+e, and said Easterl�right of way line,throu$h a c�tral an�ie
of02°25'29" for an arc distance nt�240.27 feet; thence departing said Easterly right of way line,
run So�th 87°5$'38" East far a distance af 369.67 feet to a point on the afar�said Westerly right
af way line of the trnna�ned street; thence run 5outh 87°17'S4" Easi for a distance of 30.00 feet to
a poin#on the Easterly right af way line of fihe unnamed street;thence run South 02°42'26" West,
along the said Easterly rigl�t of way line, for a distaance of 14.64 feet;thence departing said
Easteriy right of way line,run Sou#h 87°58'38" Eas#for a distance of 142.88 feet to a paint on
th�We�terly right of way line ofthe Rails ta Trails,said poit�t also being a point on a curve,
concave Easterly,having a radius af 4Q08.02 feet, a chord hearing of South Q4°25'42"East and a.
chord distance of 293.20 feet;thence run Southerly along the arc of said carve, and said Westerly
r�ght of way line,tl�rough a central angle af�4°11'32" for an are distance of 293.27 feet to the
point of compound curvatt��•e of a curve, concave Easterly,having a radius of 2248.74 feet, a
chard bearing ofSauth 1S°30'27" East and a chord distance o£689.06 feet; thence nan Southerly
along the arc of said curve, and said Westerly righf:of way line,tha-ou�h a central angle o�
17°37'34" for an arc ciistance of 691.79 feet to the point nf cornpound curvature of a curve,
concave Northeasterly,having a radius of 1915.35 feet, a chord bearing of South 37°OS'33" East
an.d a chord distance of$46.$6 feet; thence run Sautheasterly aiong the arc of said curve, and
said Westerly right of way line,t}�rough a cent�•al angle af 25°32'3$" for an arc distance of
853.91 fe�t;thenc�t�n Narth 37°0$'28"East, alnng said Westerly and Svut�erly tyght of way
line, fvr a distance of 19.99 feet; thence run South S2°44'S5" East, along said Westerly and
Southerly right ofway Iine,for a disfiance of 236.35 feet;thence run South 3$°I3'S9"West,
along said Vi�esterly and Southerly i�ight of way line,far a distance af 17.96 feet; thence�un
Sauth 55°�7'26"East, along said Westerly and Southerly rig�#of way line, for a distance of
819.82 #'eet to the PO1NT OF BEGINNING.
Containing 1,517,496 square feet,or 3A�,84 acres, more or less.
ParceIs 4, 5, 9, and 10,togetlaex being described as follows:
A portion of Tuskawilla,D.R. Mitchell's survey of the Levy Grant, as recorded in Plat Baolc l,
Page 5, and
a portion of Gardena Far�ns Town Sites, as recorded in Plat Book 6, Page 39, all of the Public
Records of
8erninoie County,Florida,being more particularly described as follows:
BEGINNiNG at the Northwest corner of the Reserve at Tuscawilla Phas��I, as recarded in Plat
Bao�C SQ, Pages 3 through 9 of the Public Recards of Seminole Caunty,�lorida; thence riui
tl�ence run S4uth 00°45'33" East along the Westerly line of said Resarve 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,Pa�e 39, of the said Pulalic Recnrds of Seminole County,Florida, for a distance of
$l a.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,iun Nt�rth 55°28'I3" West along said Northeastarly
right of way iine, fax a distance of 1393.50 feet to the point of cu�vature of a c�rrve,conca�e
Northeasterly, l�aving a radius of 1 S I 5.35 feet, a ahord bearing of North 39°53'4T' West and a
chord distance af 9'73.99 feet;thence nan Northwesterly aXang the arc of said curve,and said
Northeasterly right of way line,t�rough a central an�le af 31°07'l 9" for an arc distance af
986.06 f�eet, thence departing said cuirve, and said Northeasterly right of way line,run South
SS°45'SS" East for a distance of 956.82 feet to a point on the Southerly right of way line of State
Road 434; t��ence�n Soutl�41°02'40" East along said Southerly arigh�t of way line foi•a distance
af 43.63 feet to a point on a curve, concave Nartheasterly,havir�g a radius of 2998.40 feei, a
chord bearing of Sauth 56°12'43" East and a chord distance of 373.78 feet;thence tun
Southeasterly alon�;tlae are of said curve, and said Southerly right of way iizte,tht'ough a central
angle of Q7°08'SQ" for an arc distance of 374.02 feet; thence departin.g said curve,run North
30°12'52" East, along said Southerly right of way line, for a distance of 15.04 feet to a point on a
curve,concave Nortf�easterly,having a radius of 2983.40 feef, a chnrd bearing af South
61°27'48" East and a chorfl distance of 174.69 fe�t;thence run Southeasterly along the are of
said eu�ve, and said Southerly right of way line,thraugh a central angle of 03°21'20"for an arc
distance of i 74.72 feet; thence departing said cur�e,run South 04°13'03"Wes#, along said
Southerly right of r�vay line,for a distance af 2Qb.38 feet to tl�e Northerly right af way line of Old
State Rvad 434; thence run South 31°20'20"West for a distance of 30.00 to the Centerline of
said r�g�t of way, said point also being ot�a curve,concave Northerly,having a radius of 581.40
fe�t,a chord b�aring of South 76°03'O1" Easi and a chnrd distance of 347.22 feet; thence run
Easterly alon�the arc of said curve, and said Centerline, through a central angle of 3�°44'S3" far
an are disiance 352.60 feet; thence departing said curve, run South Q2°25'12" East for a distance
of 29.86 feet to the POINT OF BEGINNING.
LESS AND EXCEPT that portion of old State Road 4�4 as shown on the Florida Department of
Transportation Rigltt o�'Way Map Section 77Q70-2517.
Containing 1,207,9b0. square feeC,or 27.73 ac�•es, more or less.
Parcel I5, also bein�g described as follows:
A portion of Tuskawilla, D.R Mitcheil's survey of the Levy Grant,as recorded in Plat Baok 1,
Page S, of the Public Records of Seminole Cnunty,Floricia, bei�g more particularly described as
fo�laws;
C�MMENCING at t�e Northwest corner of the R�serve at TuscawiIla Phase II, as recorded in
Plat Book 50,Pages 3 through 9 of the Public Records of Se�ninole County,Florida; thence run
�henc�run South 00°45'33" East along the Westerly line of said Reserve at Tuscawilla,Phase II,
aiso being the East Iine of B�ack A and Black D, Gardena Farms Town Sites, as recor�ed in Plat
Book 6, Page 39, of the said Publie Records of Seminole County, Florida, for a distance of
810.29 feet to a poit�t 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 Nartheasterly
�-i�ht of way line, far a distanee of 1393.5D feet to the point of curvature of a cuave,concave
Northeasterly, having a radius of l 815.35 f�et, a chord bea��ing ofNorth 39°53'47" West and a
chord disiance of 973.99 feet; thence run Northwesterly along the arc of said cu��ve, and said
Nnrtheasterly right of way iine,throu�h a central angle of 31°�7'l9" for an arc distance of
98b.05 feet; thence departin�said curve,and said Northeasterly right o�way line, run South
85°45'S5"East for�distance of 956.82 feet to a point on the Sout�erly right of way line of Stat�
Road 434; thence contiu�ue Soutk�85°45'55"East far a distance of 279.36 feet to a point nn the
Northerly rig�t af way line of said State Road�13�4 and the I'OINT OF BEGINNING;thence
departing said Southerly right of way line,iun South$5°45`55"East for a distance of 242.Sd
feet; ihence run South 04°13'�3" West for a distance of 132.06 feet to a paint an the aforesaid
Nartharty right of way line,said point alsa being a point on a curve,concave Northeasterly,
ha�ing a radius of 2853.40 feet, a chord beari�g of Nort�60°55'00"West and a chord distance of
112.65 feet; thence run Northwesteriy along the arc of said curve, and said No;theriy r�gt�t of
way lin�, through a central an�le of 02°15'44" for an arc distance of 112.b6 feet; thence
departing said curve,run Norila 3Q°12'S2"East, along said Northerly right of way line, for a
distance af 10.00 feet to a point on a curve,concave Northeasterly,having a radius of 2843.4p
feet, a chard bearing of North 58°O8'24" West and a chord distance of 163.31 feet;thence run
Northwesterly alang the arc of said curve, and said Northerly right of way line,through a central
angle af Q3°17'29" for an arc distance of 1 G3.34 feel to the POINT OF BEGINNING.
Containing 16,374 syuare f�et,or 0.38 acres, more ar less.
Exhibit"C"
Proposed Tovvn Center Transect Map
12
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Exhibit"D"
Concept Plan
13
CONCEPT PLAN E"t"B`T n
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Exhibit"E"
Depiction of Old SR 434
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Exhibit"F"
Existing Srown�eld Area
15
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EXHiBIT��F,�
2950 Railrn.�c�A�enue Winter S rii��s �lo�ida
7�i►e M-1 xnniisg urcn of Parce]ll)!!2b-2D-30 5AK-QA40-pQ8U�;cnerully dasoriUcd�s foUo�vs:
't'lsat p�rt of I..ot 8 camme��cii�g�t the Southe�st ec�rner af Tuskmyilia,accnrc�in�tn ihe Plat of
Miichcll's Surv�:y of thc Lcvy Grai�t on 1�akc Jcssup,tts recnrc3ul in 1'lai Haalc l,l'ags 5,of the
Public Rix:ords of Scminalc C"n�nty,Floritl;s,th�nie North to custedy exfcnsion af the na�i�eriy
boundary Iinc af I.ot !7 nf snic!'l�uskawilla,iln�icc!'sast to 1lic wcstcrly 6oun�ary line of Raits to
'Craiis(abancloncd CSX R�ilronci)�II1C11EC SPII�}1G&SSL'.fI�l aIORF;�I1G'Wf:Slf.7�}f�}OU11C�aTy IIfIC D�SSI�
Kails ta 1'rails Io a point 654 fcct M�L North ot thc north baunc�;�ry tinc of Cardcna Farrns as
recorded is�Piat[3nok G,P;�Gus 23»nd 24,of tltc I'uUlic RccocJs nf Seminolc Cn�tnly,Florida,
being th�Pc�int oC}3eginni���,lI1CIICC COtitl11Lk111�SQLL��ICQS�ClIy AZOIi�8A1[�IZSiIIS lU TIAIIS fD FIOTIII
boundary linc af s�ic�Gare�cnu FAnns,thenee Westerly a�c�n�said iiarff�erly bous�c�ary line ol'said
Cardes�a 1��mss,G3� fect MOl„thcnee Nartherly 6S4 feet MOI.to thc Paint of I3c�innin�.
ZR60 Railr�nd Avenuc Wintcr S rin s E�larid�
!'arcel LDl1 UG 21-31-50]-U3(lA-U{300,gc��eraily dcsori6ed as falla�vs:
A pprtion o�';he NorEh'/:oI Block 3,af G�rdcna I��rms 7'ow�Sitcs As rccordcd in Piat Bank G,
1'age 39,vf thc Public Rccords vf Scminole Ca��nty,�loricl�,�s further descriE�cc�as tallows:
Commcncing.it the I+iorthc�st carncr of I.at G nf Snirf Gnrdenn i�nmzs,said paint bein�;on the
wcstcrly Righ�nf Way linc of'I'�iseuwilla GAl�riclla Road;run il�uncc S 85°5 i'39"E,742,l7
feet,along northcrly bound:�ry Iicie of sasd G�rderia l�arms;lhcncc continuc S 85°S I'39"E,
590.06 feet alon�ssicl narlhcrly I�oundary line!t�ihc Northwest corner atsaid Gardcna Farms
`l'awn Sitcs nnd Ucin�thc I'oint o#'Bc�in�iing,t}�e;nce S Q4°#38'�31"W,3$G.72 fc�t nlong tl�a
�vesterly boundnry af said Gardcnn f�arm�T4�w�i 5ites;thcnce S R5°S 1' 39"li,G3S Ccet;thcncc
N 55°3S' Sif"W,735.15 lcci to l�i�E'oint of Bu�;i�nning.
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M•1 Zor�ingArea Oniy �
Rpproxlmately 4.59 Acres
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Patcellt7#;06-2i-31-501-030A-QOOD �` ti �
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Attachment " C "
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
FIRST MODIFICATION TO
ANNEXATION AGREEMENT
THIS FIRST MODIFICATION TO ANNEXATION AGREEMENT ("First
Modification") is made and entered into this day of April 2015 (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 City and Developer previously entered into that certain Annexation
Agreement, dated May 12, 2014; and
WHEREAS, since the Effective Date of the Agreement, the City has completed the
annexation of the Property, amended the future land use and zoning map to incorporate the
Property into the City's Town Center, and ratified the Brownfield Area in furtherance of the
Agreement; and
WHEREAS, since the Effective Date of the Agreement, Developer has been completing
its due diligence for purposes of acquiring and closing on the Property; and
WHEREAS, the Developer has requested additional time to complete the closing on the
Property and desires to amend the Agreement as set forth herein.
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:
1. Recitals. 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.
2. Extension to Close on the Propertv and to Provide Notice to Citv. Pursuant to
Paragraph 14 of the Agreement, the parties mutually agree to extend, by ninety (90) days, the
1
deadline in which the City is required to receive written notice of acquisition from the
Developer.
3. All other terms and conditions of the Agreement shall remain in effect unchanged.
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
ATTEST (Seal): 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,CTTY ATTORNEY
2
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of ,
2015, 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:
3