HomeMy WebLinkAbout2015 10 26 Regular 601 Vistawilla Lot Split and 6th Amendment to the Settlement Agreement COMMISSION AGENDA
Informational
Consent
ITEM 601 Public Hearin s
g
Regular X
October 26, 2015 KS RS
Regular Meeting City Manager Department
REQUEST:
The City Manager, Community Development Department, Planning Division, and the City
Attorney's office are requesting that the City Commission consider Vistawilla Office
Center, LLC's request to approve the Sixth Modification to the Developer's Agreement (as
previously directed by the City Commission) and a Lot Split Resolution No. 2015-26
dividing the subject property into two parcels of land.
In addition, prior to consideration of the Sixth Modification and Lot Split Resolution,
Vistawilla Office Center, LLC is requesting that the City Commission consider approving
an Assisted Living Facility (ALF) (with memory care component) as a permitted use on the
vacant portion of the property located to the east of the existing Vistawilla Office Building
(proposed Lot Split Parcel 2) pursuant to the terms of EXHIBIT "B" of the Settlement
Agreement adopted by the City Commission by Ordinance No. 489 on July 23, 1990. The
ALF request will have an impact on the terms and conditions of the proposed Sixth
Modification to Developer's Agreement and the Lot Split Resolution so it is being
presented as the first issue to be considered by the City Commission.
SYNOPSIS:
This matter involves the renegotiation of a developer's agreement. On April 27, 2015, the
City Commission considered the completion status of the unconstructed Phase II office
building at the Vistawilla Office Center located along State Road 434, and considered a
proposal from the property owner to modify the terms and conditions of the Fifth
Modification of Developer's Agreement to reduce the $200,000 payment currently owed the
City and to eliminate the Phase II office building requirement due to economic
conditions. After considering the proposal, the City Commission directed that a Sixth
Modification of the Developer's Agreement be prepared by the City Attorney for
Regular 601 PAGE 1 OF 9-October 26,2015
subsequent consideration by the City Commission which eliminated the Phase II Office
Building requirement and amended the repayment terms to $75,000 or $100,000, depending
upon the future sale of a portion or all of the Vistawilla Office Center property. In addition,
during that meeting, the City Commission and the property owner discussed the possibility
that the property owner may propose a future lot split of the Vistawilla Office Center
property to include two separate lots. One lot would include the existing office building,
while the other lot would include a portion or all of the vacant portion of land to the east of
the existing office building.
Subsequent to the April 27, 2015 meeting, the property owner and a contract purchaser for
the vacant portion of the property have been working with City staff about the future
dimensions of the lot split for purposes of constructing an assisted living facility (ALF)
(with memory care facilities). During this time, City staff realized that an assisted living
facility is not specifically listed as a permitted commercial land use on the Property.
Specifically, if the City Commission eliminates the phase II office building requirement, the
list of permitted uses will revert back to those expressly stated on Exhibit "B" of the
Settlement Agreement which was approved by the City in 1990 and adopted by a previous
City Commission by Ordinance No. 489. However, while Exhibit"B" does not specifically
identify an ALF as an authorized land use, Exhibit"B" provides that the list is not intended
to be all inclusive and that the City Commission may approve additional commercial
uses. The property owner has requested that the City Commission consider approving an
ALF (with memory care facilities) as a permitted use per the provisions of Exhibit`B." This
request has an impact on the lot split proposal and the proposed Sixth Modification of
Developer's Agreement, and may have an impact on the previous direction given by the
City Commission on April 27, 2015. As such, additional direction is being sought from the
City Commission on the request to allow an assisted living facility so the City and all
interested parties can determine on how to proceed with the proposed Sixth Modification to
Developer's Agreement and Lot Split Resolution.
CONSIDERATIONS:
APPLICANT AND PROPERTY INFORMATION:
. Applicant name and address and authorized representative: Vistawilla Office Center,
LLC, c/o Pinnacle Property Management, LLC, 1511 East State Road 434, Suite
3001, Winter Springs, FL 32708. David McLeod, authorized representative.
. Property owner's name(s): Vistawilla Office Center, LLC, c/o Pinnacle Property
Management, LLC
. Propertv addresses: 1511 East State Road 434, Suite 3001, Winter Springs, FL 32708
. Pro�erty Parcel ID numbers: 31-20-31-SBB-0000-019F
. Current FLUM Desi�nations: Commercial
. Current Zonin�Desi na� tions: Planned Unit Development(PUD)
. Previousl��proved Development permits such as conditional use, waiver, or
variance if an�l: Not applicable
Regular 601 PAGE 2 OF 9-October 26,2015
. Development A�reements (if any): Developer's Agreement by and between Robert
Yeager, trustee, and the City of Winter Springs dated April 13, 1998 and recorded
May 13, 1998 in Official Records Book 3424, Page 0611, of the Public Records of
Seminole County, Florida, First Modification of Developer's Agreement dated
February 27, 2006 and recorded March 8, 2006 in Official Records Book 6151, Page
42, Second Modification of Developer's Agreement dated June 12, 2006 and recorded
June 27, 2006 in Official Records Book 6304, Page 36, Third Modification of
Developer's Agreement dated December 18, 2006 and recorded January 19, 2007, in
Official Records Book 6561, Page 0610, Fourth Modification of Developer's
Agreement dated March 27, 2007 and recorded April 4, 2007, in Official Records
Book 6656, Page 0823, Fifth Modification of Developer's Agreement dated October
29, 2007, and recorded in Official Records Book 6858, Page 1286
. Pendin� Code Enforcement Actions (if any�: Not applicable
. Cit�Liens if an�l: Not applicable
APPLICABLE LAW, PUBLIC POLICY, AND EVENTS
Florida Statutes 163.2511-163.3246: (Provides that land development regulations for
municipal planning be consistent with the Comprehensive Plan).
Florida Statute 166.021 Florida Municipal Home Rule Powers Act
Florida Statute 166.041 Procedures for adoption of ordinances and resolutions.
Chapter 429, Florida Statutes
Winter Springs Charter Article IV. Governing Body.
Section 4.06. General powers and duties.
Section 4.15. Ordinances in General.
City of Winter Springs Comprehensive Plan
Winter Springs Code of Ordinances, Chapter 9, Section 9-10, Section 9-11
Ordinance 489 - approved July 1990
Any other applicable law
DISCUS SION:
1. The background leading up to this Agenda Item is found in the attached April 27,
2015 City Commission Agenda and associated minutes.
2. Upon considering the April 27, 2015 Agenda Item, the City Commission directed
that the City Attorney prepare a Sixth Modification of the Developer's Agreement
for subsequent approval by the City Commission which: (1) eliminated the Phase
II Office Building requirement and (2) amended the repayment terms to $75,000 or
$100,000, depending upon the future sale of a portion or all of the subj ect
Vistawilla Office Center property. In addition, during that meeting, the City
Commission and the property owner discussed the possibility that the property
owner may propose a future lot split of the Vistawilla Office Center property to
include two separate lots.
3. At the April 27, 2015 City Commission meeting, it was noted that the property
owner has also informed the City staff that they desire to sell the vacant lot to
another developer who has expressed interest in developing an assisted living
facility if the requisite permits can be obtained. However, the City Commission
was not being requested to consider or approve the lot split or the assisted living
facility proposal at the Apri127, 2015 meeting.
Regular 601 PAGE 3 OF 9-October 26,2015
4. After the April 27, 2015 City Commission meeting, City staff examined the City
Commission's direction to prepare a Sixth Modification to Developer's Agreement
which would revise the Phase II Office Building requirement and realized that an
assisted living facility is not specifically listed as a permitted commercial land use
on the Property. Specifically, if the City Commission eliminates the phase II
office building requirement, the list of permitted uses will revert back to those
commercial uses expressly stated on Exhibit "B" of the Settlement Agreement
which was approved by the City in 1990 and adopted by a previous City
Commission by Ordinance No. 489. However, Exhibit"B" provides that the list is
not intended to be all inclusive and that the City Commission may approve
additional commercial uses. The property owner has requested that the City
Commission consider approving an assisted living facility (with memory care
facilities) as a permitted use per the provisions of Exhibit`B."
5. In this regard, Exhibit"B" states:
The parties agr�ee that intended uses hereunder include
those normally associated with retail commercial areas
and shopping centers. It is the intent of the parties that
this list is not all inclusive of permitted Commercial
uses,provided that additional Commercial uses shall be
subject to the approval of the City Commission. The
uses hereunder may be free- standing or part of an
attached shopping center.
6. The request to include an assisted living facility as a permitted use has an impact
on the terms and conditions of the proposed Sixth Modification to Developer's
Agreement and Lot Split Resolution. Therefore, City staff is requesting that the
City Commission consider this request first before considering the proposed Sixth
Modification and Lot Split Resolution.
7. The applicant, Vistawilla Office Center, LLC, is requesting the City Commission consider
the following: 1) determine whether an ALF with memory care facilities will be allowed
as a permitted use on the property, 2) approve a lot split resolution on the property, and 3)
approve the Sixth Modification to the Developer's Agreement.
8. Determination of permitted use-Assisted Living Facility
Ordinance 489, which was approved in 1990, is the original Settlement Agreement
governing the Tuscawilla Planned Unit Development (PUD), and has attached, as
Exhibit "B" a list of permitted uses that are primarily commercial in nature. In
1998, the City entered into a Developer's Agreement with Robert Yeager,
Trustee regarding the development of the property which would become the site of
the Vistawilla Office Center. The third whereas clause, of this agreement states that
the real property is subject to a Settlement Agreement as set forth in Ordinance 489.
Exhibit "B" of Ordinance 489, Permitted Commercial Uses of the Settlement
Agreement, states that Hospitals and Nursing Homes are a permitted use on the
property.
However, Chapter 429, Florida Statutes, currently regulates assisted living facilities
(ALF). ALF's are different than Hospitals and Nursing Homes because the Florida
Legislature has recognized that assisted living facilities should be operated and
regulated as residential environments with supportive services and not as medical or
nursing facilities. Additionally, residents living in ALF's cannot have conditions
that require 24-hour nursing supervision. The only exception is for an existing
resident who qualifies for and receives hospice services from a licensed hospice
provider while continuing to reside in an ALF. The following excerpts are from the
Regular 601 PAGE 4 OF 9-October 26,2015
stated purpose of Assisted Living Facilities Act, Chapter 429, Florida Statutes:
. The Legislature recognizes that assisted living facilities are an important part
of the continuum of long-term care in the state. In support of the goal of aging
in place, the Legislature further recognizes that assisted living facilities should
be operated and regulated as residential environments with supportive services
and not as medical or nursing facilities. The services available in these
facilities, either directly or through contract or agreement, are intended to help
residents remain as independent as possible. Regulations governing these
facilities must be sufficiently flexible to allow facilities to adopt policies that
enable residents to age in place when resources are available to meet their
needs and accommodate their preferences. Section 429.01, Florida Statutes.
. Section 429.02(5), Florida Statutes defines "Assisted living facility" to mean
any building or buildings, section or distinct part of a building, private home,
boarding home, home for the aged, or other residential facility, whether
operated for profit or not, which undertakes through its ownership or
management to provide housing, meals, and one or more personal services for
a period exceeding 24 hours to one or more adults who are not relatives of the
owner or administrator.
. Section 429.02(17) "Personal services" means direct physical assistance with
or supervision of the activities of daily living and the self-administration of
medication and other similar services which the department may define by
rule. "Personal services" shall not be construed to mean the provision of
medical, nursing, dental, or mental health services.
. Assisted living facilities (ALFs) are licensed facilities that provide housing,
meals, personal care services, and supportive services to older persons and
assisted with disabilities who are unable to live independently. ALFs are
intended to be an alternative to more restrictive, institutional settings for
individuals who need housing and supportive services, but who do not need
24-hour nursing supervision.
The owner of the Vistawilla Office Center development currently is in negotiations
with a purchaser of the Phase II area of the site. The purchaser intends on
developing an ALF on the property. In order to sell the portion of the site to the
developer of the ALF, the property owner has requested approval of a lot split to
create the Phase II site. As mentioned previously, Exhibit "B" of the original
Tuscawilla PUD Settlement Agreement states Hospitals and Nursing Homes are a
permitted use on the property. Pursuant to the Florida Statutes noted above, ALF's
have a residential component, and are not medical or nursing facilities. It is
important to note that the proposed ALF does include a memory care component.
Vistawilla Office desires to amend the list of permitted uses in Exhibit "B" of the
Settlement Agreement to include ALF's.
Part of Staff s consideration of the applicant's request included a preliminary
assessment of current zoning Code and Comprehensive Plan policies. Among those
considerations were the following:
. No residential zoning category in the City's code of ordinances allows an
ALF-type facility. Group homes are capped at 6 residents and, pursuant to
Florida Statutes, are permitted in residential zoning districts.
. The Neighborhood Commercial (G1) zoning district allows "retirement
homes" as a permitted use. Pursuant to a definition by the American Planning
Regular 601 PAGE 5 OF 9-October 26,2015
Association (APA), "elderly/retirement housing" offers minimal convenience
services that focuses on attracting elderly residents so as to provide a social
support system among the residents. The proposed ALF provides these
services and, in addition, provides a more medically intensive facility for
memory care patients that includes the dispensing of inedications and 24-hour
staffing.
. The Existing Residential summary in the Data, Inventory, and Analysis of the
Comprehensive Plan's Future Land Use Element states the following: "Also,
there are no assisted living facilities, adult family care homes, or adult day
care centers within the city limits of Winter Springs and no motel or hotels.
However, these uses would be classified as commercial uses rather than
residential." But, these comments are not in the goals, policies and obj ectives
of the City's Comprehensive Plan.
. The City's Comprehensive Plan discusses assisted living facilities and further
defines these facilities as "continuing care retirement communities/senior
apartment complexes/nursing homes/adult family care homes" (Housing
Element; Housing Analysis).
Various Comprehensive Plan Goals, Objectives, and Policies (Objective 1.4 of the
Housing Element and following policies) supports the provision of adequate sites for
special needs populations such as the elderly and disabled. However, except for
retirement homes, the City's current zoning regulations do not address assisted
living facilities as a permitted or conditional use.
Vistawilla Office has informed the City that the existing sale and purchase contract
with Barrett Square Holdings, LLC is contingent upon the ability to construct an
ALF on the vacant portion of the subj ect property that will constitute Lot Split
Parcel 2 if the Lot Split Resolution is approved by the City Commission. As such,
the City Commission's decision on the ALF inay impact the previous direction of
the City Commission regarding the renegotiated repayment terms for the amount
owned the City by Vistawilla Office Center, LLC because the $75,000 or $100,000
payment is contingent on whether the existing sales contract for Lot Split Parcel 2
closes or not. In accordance with the proposed renegotiated repayment terms set
forth in the proposed Sixth Modification, $75,000 is due at closing of the existing
sales contract for Lot Split Parcel 2. If the existing sales contract does not close and
terminates, $100,000 shall be due at such time either Lots Split Parcel 1 or 2 closes
which is uncertain at this time because there will be no existing sales contract for
either parcel.
If the City Commission approves adding an ALF as a permitted use pursuant to the
terms and conditions of Exhibit "B" of the Settlement Agreement, the Sixth
Modification will be amended to include language authorizing an ALF use as a
permitted use on Lot Split Parcel2 subject to any other terms and conditions that the
City Commission may want to reasonably impose on such use.
Furthermore, if the ALF use is permitted on the property under the Sixth
Modification to Developer's Agreement, the developer will likely proceed with
development permit applications for a facility that is similar to the one depicted on
the attached concept plan. Before any permit can be issued by the City for an ALF
proj ect, the proposed proj ect will have to demonstrate compliance with all
applicable requirements of the City's Comprehensive Plan and City Code.
Regular 601 PAGE 6 OF 9-October 26,2015
9. Approval of Resolution 2015-26 - Lot Split
Vistawilla Center, LLC has requested approval of a Lot Split Resolution which will
subdivide the property into two parcels of land. Lot Split Parcel 1 will consist of the
existing three story office building site and Lot Split Parcel 2 will consist primarily
of the vacant land lying to the east of the office building. Vistawilla Center, LLC
has advised the City Attorney that they desire to proceed with the Lot Split
Resolution regardless of whether the City Commission approves an amendment to
the list of permitted uses. However, the proposed dimensions of the two lots vary
depending on whether the ALF use is approved as a permitted land use. Therefore,
Vistawilla has provided two different boundary surveys to be used for the Lot
Split Resolution; one legally described and depicted for a future ALF site and
the other for a site without an ALF. Both Boundary surveys are attached to the
Agenda Item as alternatives. One of the alternatives will be selected depending
on the decision made by the City Commission regarding the ALF use. [The
primary different between the two surveys is that the western boundary of Lot Split
Parcel 2 lies west of the existing sidewalk located adjacent to the existing office
building for the ALF boundary survey and said boundary lies east of the sidewalk
for the non-ALF boundary survey].
The parcels created by either of the two boundary surveys are in conformance with
all applicable City Code requirements and Comprehensive Plan policies. As such,
City staff is recommending that the Lot Split Resolution be approved by the City
Commission with the appropriate boundary survey contingent upon the City
Commission's decision regarding the ALF use.
However, regardless of which boundary survey is incorporated into the Lot Split
Resolution, as a condition of approval of the Lot Split Resolution and any future
development permit(s) for the development of Lot Split Parcel 2, the owner shall be
required to prepare and record in the Official Records of Seminole County a
Declaration of Easements providing that Lot Split Parcel 1 and Lot Split Parcel 2
share access to certain sidewalks, driveway, parking spaces, stormwater piping and
inlet and other utility facilities serving both parcels.
10. Sixth Modification to the Developer's Agreement
On October 29, 2007, the fifth modification to the Vistawilla Office Center
Developer's Agreement was executed. This modification to the Developer's
Agreement acknowledged the University of Central Florida (UCF) desired to create
a business incubator program in the City of Winter Springs. Vistawilla offered to
lease space in the Vistawilla Office Building to UCF for the business incubator
program. The City Commission approved, by a separate agreement, an economic
incentive grant to UCF in the amount of $200,000 for the purposes of paying the
upfront buildout costs associated with establishing the business incubator facility in
the Vistawilla Office Building. In consideration of the City issuing the grant to UCF,
Vistawilla agreed, and committed to, commencing and completing construction of
the Phase II office building by October 29, 2009 on the property. Vistawilla Office
Center agreed to pay the City up to $200,000 if the Phase II building was not
completed by October 29, 2009. The building was not constructed due to economic
conditions, and the City has not received the $200,000 payment.
Regular 601 PAGE 7 OF 9-October 26,2015
At the April 27, 2015 City Commission meeting, the City Commission and the
principal member of Vistawilla Office Center, LLC. renegotiated the repayment
terms in principle subj ect to the City Attorney preparing a Sixth Amendment to
Developer's Agreement for subsequent consideration and approval by the City
Commission and Vistawilla Office Center, LLC.
Consistent with the previous direction provided by the City Commission, the
proposed Sixth Modification to the Developer's Agreement between the City and
Vistawilla Office Center, LLC: wi1L (1) eliminate the requirement to construct an
office building on Phase II, and (2) reduce the payment due to the City from
$200,000 to $75,000 at such time the existing sales contract between Vistawilla
Office Center, LLC and Barrett Square Holdings, LLC for Lot Split Parcel 2 closes.
If said contract does not close and terminates, Vistawilla shall pay the City $100,000
when Vistawilla sells either Lot Split Parcel 1 or 2 in the future.
The proposed Sixth Modification to Developer's Agreement expressly contemplates
that the City Commission approve the Lot Split Resolution. Thus, the Lot Split
Resolution is a condition precedent to the approval of the Sixth Modification. In
other words, if the Lot Split Resolution is not approved, the proposed Sixth
Modification will need to be modified.
Furthermore, as noted above in Paragraph 8, it is City staff's understanding that the
City Commission's decision regarding the ALF use will likely affect the amount and
timing of the repayment terms set forth in the Sixth Modification. However,
regardless of the City Commission's decision regarding the ALF, the proposed Sixth
Modification will not need to be modified because it contemplates a closing of the
existing contract, or not.
11. After reviewing this Agenda Item and discussion at the upcoming meeting, the
City Commission may provide additional direction regarding the various contract
documents and proposed Lot Split Resolution as it deems warranted under the
circumstances.
FISCAL IMPACT:
The approval of the Sixth Modification to the Vistawilla Office Center Developer's
Agreement reduces the payment owed to the City from $200,000 to either $75,000 or
$100,000, depending upon the timing of the sale of the property.
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
Regular 601 PAGE 8 OF 9-October 26,2015
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:
The City Manager, Community Development Department, Planning Division, and the City
Attorney's office are requesting that the City Commission consider Vistawilla Office
Center, LLC's request to approve the Sixth Modification to the Developer's Agreement(as
previously directed by the City Commission) and a Lot Split Resolution dividing the
subj ect property into two parcels of land.
However, before proceeding with considering the proposed Sixth Modification and Lot
Split Resolution, the City Commission should consider Vistawilla Office Center, LLC's
request to approve an Assisted Living Facility (ALF) (with memory care component) as a
permitted use on the proposed Lot Split Parcel2 pursuant to the terms of EXHIBIT "B" of
the Settlement Agreement adopted by the City Commission by Ordinance No. 489. On
July 23, 1990. City staff is requesting that the City Commission consider. Once this
decision is made, the City Commission should proceed as follows:
A. Consideration and approval of the proposed Sixth Modification to Developer's
Agreement as presented or as amended to incorporate the ALF permitted use; and
B. Consideration and approval of the Lot Split Resolution No. 2015-26, with either
the ALF boundary survey or non-ALF boundary survey.
ATTACHMENTS:
A. Ordinance 489 - Tuscawilla PUD Settlement Agreement
B. City Commission Agenda Item, dated Apri127, 2015, and associated minutes of that
City Commission meeting (for background purposes).
C. Resolution 2015-26 -Lot Split, Vistawilla Office Center with two optional boundary
surveys:
1. Boundary Survey for proposed ALF site; and
2. Boundary Survey for non-ALF site
D. Sixth Modification to the Developer's Agreement- Vistawilla Office Center
E. Conceptual ALF site plan
Regular 601 PAGE 9 OF 9-October 26,2015
. _. Attachment "A"
�
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�� � ORDINANCE NO. 489
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AN ORDINANCE OF THE CITY OF WINTER SPRINGS, „" .,,�
FLORIDA, ADOPTING A SETTLEMENT AGREEMENT �':_
BETWEEN THE CITY OF WINTER SPRINGS, FLORIDA r',
AND THE WINTER SPRINGS DEVELOPMENT JOINT �::. ,• -
VENTURE; PROVIDING FOR A DEVELOPMENT ORDER; �-, .r- ..,,�:';
AMENDING ANNEXATION ORDINANCE NO. 64; WAIVING � ;,� Y;`;"
MULTI-FAMILY DWELLING UNIT DENSITY LIMITS .. `�
PURSUANT TO SECTION 20-354, CODE OF WINTER
SPRINGS; PROVIDING FOR A CERTIFIED MAP;
PROVIDING FOR CONFLICTS, SERVABILITY, AND
EFFECTIVE DATE.
WHEREAS, on October 11, 1971, the Village of North Orlando,
Florida, predecessor to the City, adopted Ordinance No. 64
("Annexation Ordinance") , which Annexation Ordinance annexed
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certain property comprising what is commonly known as the :'�:,x;:,;'.
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Tuscawilla Planned Unit Development (the "Tuscawilla PUD") , into `� ��"�
..a: ca-,:�
..a ��y;?�'�.
the Village of North Orlando, Florida; and _ �;_�_,:
;� ..�',;=;�°
WHEREAS, the Tuscawilla PUD originally consisted of �c��;
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approximately thirty-five hundred acres (3,500} and was approved ��',
for development of nine thousand seven hundred forty-seven
(9,747} total dwelling units; and
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WHEREAS, the Annexation Ordinance provided for the �`" �
si
development of the Tuscawilla PUD based upon an overall �� r�
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development plan and set forth requirements for open space,
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recreation space, and other development matters; and ^'
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�� WHEREAS, su;�sequent to the Annexation Ordinance, the -v �
CI�� Tuscawilla PUD was developed in accordance with the approved
�} overall development plan, subject to certain amendments which
� redesignate the uses of several parcels within Tuscawilla PUD,
, all of which amendments were in compliance with the overall
� �
{ Tuscawilla PUD concept to better utilize open space and allocate
�
� densities within Tuscawilla PUD; and
� WHEREAS, pursuant to such amendments, the overall density of
Tuscawilla PUD was reduced; and
,
� WHEREAS, the developers of the Tuscawilla PUD have asserted
� that the Tuscawilla PUD was designed with the concept of a
� central core (the "Central Core"} of commercial property, in the
parcel commonly known as Parcel 61, to service the entire
1
Tuscawilla PUD, which Central Core was integral in the design of
the overall road system and infrastructure of the entire
d••.1
Tuscawilla PUD• and �-�
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WHEREAS, On January 14, 1988, Gulfstream Housing Corp. ,=,;': --..f
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successor by merger to Winter Springs Development Corporation,','.;
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entered into a contract to sell certain real property to D & N�:°Y -�`- 'n'.''
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Investments, which property was located in the Central Core, "'� ���
which contract was subsequently assigned by Gulfstream Housing
Corp. to WSDJV; and
WHEREAS, the developers of the Tuscawilla PUD have asserted
it was intended under the said Contract that the Central Core
property be developed with a commercial use; and
WHEREA5, the developers thereafter sought to develop a
shopping center within the Central Core; and
wHEREAS, a dispute arose as to the right of the developers
of the Tuscawilla PUD to develop a shopping center within the
Central Core, which resulted in negotiations between WSDJV and
the City and ultimately to a series of public hearings to
determine vested rights of WSDJV to develop the Central Core with
a commercial use; and
WHEREAS, the City Commission ruled on June 19, 1989, that
WSDJV did not have vested rights to develop the Central Core as a
shopping center; and
WHEREAS, based upon the aforedescribed denial, WSDJV filed a
Petition for Writ of Certiorari and Amended Petition for Writ of
Certiorari in the Circuit Court of the Eighteenth Judicial
Circuit in and for Seminole County, Florida (the "Court") , Case
No. 89-3589-CA-17-L, Winter Springs Development Joint Venture, a
Florida ioint venture, through its General Partner, Gulfstream
Housing Corp. , successor by merger to Winter Springs Development
Corporation, Petitioner, v. City of Winter Springs, a Florida
municipal corporation, Respondent (the "Petition") ; and
WHEREAS, in an attempt to resolve the issue surrounding the
Petition, WSDJV and The City agreed to a mediation of this matter
approved by the Court, which mediation was held on February 2,
2
1990; and
WHEREAS, as a method of settlement of the Petition and the
issues surrounding the development of the Central Core, WSDJV and
The City agreed to review the land uses for the remaining
undeveloped properties within the Tuscawilla PUD and amend the
Tuscawilla PUD to reallocate land uses and densities in a manner
�°W;,
to better utilize open space and allocate densities within the<� � s`�
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Tuscawilla PUD and in keeping with the original approvals granted,°' �
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relative thereto; and �; �-
. �.•_.,
WHEREAS, the property remaining to be developed within the'`� � ����
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Tuscawilla PUD consists of approximately 367.2 acres
(collectively the "Remaining Property") consisting of:
approximately 32.2 acres designated as Parcel 14C ("Parcel 14C") ,
approximately 35.0 acres designated as Parcel 61 ("Parcel 61") ,
approximately 202.9 acres designated as Parcel 15 ("Parcel 15") ,
approximately 75.4 acres designated as Parcel 80 ("Parcel 80") ,
and approximately 20.7 acres designated as the Lake Jessup
Property ("Lake Jessup Property") , which Remaining Property and
the aforedescribed parcels are described on Composite Exhibit "A"
attached to the Agreement and expressly incorporated herein by
this reference; and
WHEREAS, pursuant to the Agreement, the total number of
residential units and total commercial acreage in the Tuscawilla
PUD will be reduced from the original approval; and
WHEREAS, the Agreement is in the best interest of The City
and promotes the health, safety and welfare of the citizens of
The City; and
WHEREAS, this Agreement does not constitute a substantial
deviation pursuant to Section 380.06(19} , Florida Statutes
(1989) , as amended, of the original approval granted to the
Tuscawilla PUD; and
WHEREAS, The City has determined that it is in the best
3
interest of The City and its citizens to settle the Petition by
adoption of this Agreement; and
WHEREAS, The City and WSDJV desire to amend the Tuscawilla
PUD to reflect the matters set forth within the Agreement.
NOW, THEREFORE, THE CITY OF WINTER SPRINGS, .��
FLORIDA, HEREBY ORDAINS: �y c:+>
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SECTION I: :�- -��,a -
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The Agreement between the City of Winter Springs, Florida'.,�,;
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and Winter Springs Development Joint Venture, a Florida joint� �s'~- -�.y;',
• r� ;�,.,
venture, attached hereto marked as Attachment "1", is hereby '^�' �`
accepted and adopted by the City of Winter Springs, Florida, and
made part of this Ordinance as if fully set forth herein.
SECTION II•
The Agreement shall constitute a development order pursuant
to Chapter 163, Florida 5tatutes (1989) , as amended, and shall
govern the City and the developer accordingly.
SECTION III-
Annexation Ordinance No. 64 is hereby amended pursuant to
the terms of the attached Agreement, and any and all approval,
master plans, submissions and other similar matters affecting the
remaining property of the Tuscawilla PUD are hereby automatically
amended to conform to and reflect the provisions of the
Agreement.
SECTION IV:
Pursuant to Section 20-354(b) (4) , Code of Winter Springs,
the maximum allowed number of dwelling units per gross
residential acre for multi-family dwelling units within the
Tuscawilla PUD is hereby waived to the extent permitted under the
Agreement, upon recommendations from the Planning and Zoning
Board.
SECTION V:
Attached to the Agreement as Exhibit "B" is a proposed land
use plan of the remaining undeveloped property of Tuscawilla PUD.
Exhibit "B" of the Agreement is hereby adopted, approved, and
certified as the land use plan of the remaining undeveloped
4
properties in the Tuscawilla PUD.
SECTION VI:
All ordinances or parts of ordinances in conflict herewith
shall be and the same are hereby repealed.
SECTION VII:
If any section, or a portion of a section, or subsection of
this ordinance proves to be invalid, unlawful or
unconstitutional, it shall not be held to invalidate or to impair A `� r...�
cn e°`a c::i
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the validity, force or effect of any other section or portion of�;m �,� '�f�
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a section or subsection or part of this ordinance. '' '
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SECTION VIII: � -�- -c:j:':
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This ordinance shall take effect immediately upon its final . �'
passage and adoption.
Passed and adopted this d 3� day of ,
1990.
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Third
�; Public Hearing and-Se�� Reading: June 25, 1990
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��(�`, �� SETTLEMENT AGREEMENT AND
' �� AMENDMENT TO ANNEXATION ORDINANCE NO. 64,
\,� THE TUSCAWILLA PLANNED UNIT DEVELOPMENT,
MASTER PLAN FOR THE TUSCAWILLA PLANNED UNIT DEVELOPMENT
AND RELATED MATTERS
THIS SETTLEMENT AGREEMENT AND AMENDMENT TO ANNEXATION
ORDINANCE NO. 64, THE TUSCAWILLA PLANNED UNIT DEVELOPMENT, MASTER
PLAN FOR THE TUSCAWILLA PLANNED UNIT DEVELOPMENT AND RELATED
MATTERS ( the "Agreement" ) , is made and entered into as of the
day of , 1990 , by and between WINTER SPRINGS
DEVELOPMENT JOINT VENTURE, a Florida general partnership
(hereinafter referred to as "WSDJV" ) , and THE CITY OF WINTER
SPRINGS, FLORIDA, a Florida municipal corporation (hereinafter
referred to as the "City" ) .
W I T N E S S E T H:
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i� � WHEREAS, on October 11, 1971 , the Village of North Orlando,
E�; ��� Florida, predecessor to the City, adopted Ordinance No. 64 ( the
:�w �'-- "Annexation Ordinance" ) , which Annexation Ordinance annexed
r�� �,,�;� certain property comprising what is commonly known as the
�;� �`"� Tuscawilla Planned Unit Development ( the "Tuscawilla PUD" } into
��•' �'� the Villa e of North Orlando, Florida; and
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t.� ���'� WHEREAS, the Tuscawilla PUD originally consisted of
approximately 3,500 acres and was approved for development of
9 ,747 total dwelling units; and
WHEREAS, the Annexation Ordinance provided for the
h.... development of the Tuscawilla PUD based upon an overall
�:{;__i development plan and set forth requirements for open space,
t:,�r�"�" recreation space and other development matters ; and
:r::�-�'�'' �...
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.., -.--;_� ., , WHEREAS, subsequent to the Annexation Ordinance, the
'��Me'�`�°'�' T°•-• Tuscawilla PUD was develo ed in accordance with the a roved
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,y�"��-:��.,�.� � '"'� overall development plan, subject to certain amendments which
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�,',`. ,;�� ��'`�" redesi nated uses of several arcels within the Tuscawilla PUD,
;;,:�.i�. g P
;:°4 ;3;;;�;: ""`" a11 of which amendments were in compliance with the overall
� ;��;�;; Tuscawilla PUD concept and approvals in effect , and were
�"'`�' effectuated in order to better utilize open space and allocate
�.���
densities within the Tuscawilla PUD; and
WHEREAS, pursuant to such amendments, the overall density of
the Tuscawilla PUD was reduced; and
WHEREAS, the developers of the Tuscawilla PUD have asserted
that the Tuscawilla PUD was designed with the concept of a
central core ( the "Central Core" ) of commercial property, in the
parcel commonly known as Parcel 61, to service the entire
Tuscawilla PUD, which Central Core was integral in the design of
1
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�. the overall road system and infrastructure of the entire
Tuscawilla PUD; and
WHEREAS, on January 14, 1988, Gulfstream Housing Corp. ,
successor by merger to Winter Springs Development Corporation,
entered into a Contract to Sell certain real property to D & M
Investments, which property was located in the Central Core,
which contract was subsequently assigned by Gulfstream Housing
Corp. to WSDJV; and
WHEREAS, the developers of the Tuscawilla PUD have asserted
it was intended under the said Contract that the Central Core
property be developed with a commercial use; and
WHEREAS, the developers thereafter sought to develop a
shopping center within the Central Core; and
WHEREAS, a dispute arose as to the right of the developers
of the Tuscawilla PUD to develop a shopping center within the
Central Core; and
WHEREAS, the City refused to allow a shopping center
development within the Central Core; and
WHEREAS, such denial led a series of discussions and
negotiations between WSDJV and the City and ultimately to a
series of public hearings to determine vested rights of WSDJV to
develop the Central Core with a commercial use; and
WHEREAS, the City Commission ruled on June 19 , 1989 , that
WSDJV did not have vested rights to develop the Central Core as a
shopping center; and
WHEREAS, based upon the aforedescribed denial, WSDJV filed a
Petition for Writ of Certiorari and Amended Petition for Writ of
Certiorari in the Circuit Court of the Eighteenth Judicial
Circuit in and for Seminole County, Florida ( the "Court" ) , Case
No. 89-3589-CA-17-L, Winter Springs Development Joint Venture, a
Florida joint venture, through its General Partner , Gulfstream
Housing Corp. , successor by merger to Winter Springs Development
Corporation, Petitioner v. City of Winter Springs, a Florida
municipal corporation, Respondent ( the "Petition" ) ; and
WHEREAS, in an attempt to resolve the issues surrounding the
Petition, WSDJV and the City agreed to a mediation of this
matter , approved by the Court, which mediation was held on
February 2, 1990; and
WHEREAS, as a method of settlement of the Petition and the
issues surrounding the development of the Central Core, WSDJV and
the City agreed to review the land uses for the remaining
undeveloped properties within the Tuscawilla PUD and amend the
2
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Tuscawilla PUD to reallocate land uses and densities in a manner
to better utilize open space and allocate densities within the
Tuscawilla PUD and in keeping the original approvals granted
relative thereto; and
WHEREAS, the property remaining to be developed (which shall
not include real property which presently has or is presently
being reviewed for site plan approval, plat approval, building
permits, or other similar approvals or matters) within the
Tuscawilla PUD consists of approximately 366 . 3 acres
(collectively the "Remaining Property" ) consisting of :
approximately 32 .3 acres designated as Parcel 14C ( "Parcel 14C" ) ,
approximately 35 .0 acres designated as Parcel 61 ( "Parcel 61" } ,
approximately 201. 3 acres designated as Parcel 15 ( "Parcel 15" ) ,
approximately 77 .0 acres designated as Parcel 80 ( "Parcel 80" ) ,
and approximately 20.7 acres designated as the Lake Jessup
Property ( the "Lake Jessup Property" ) , which Remaining Property
and the aforedescribed parcels are described on Composite Exhibit
"A" attached hereto and expressly incorporated herein by this
reference; and
WHEREAS, pursuant to this Agreement, the total number of
residential units and total commercial acreage in the Tuscawilla
PUD will be reduced from the original approval; and
WHEREAS, this Agreement is in the best interest of the City
and will promote the health, safety and welfare of the citizens
of the City; and
WHEREAS, this Agreement does not constitute a substantial
deviation pursuant to Section 380 . 06 ( 19 ) , Florida Statutes
( 1989 ) , as amended, �f the original approvai granted to the
Tuscawilla PUD; and
WHEREAS, notice of intent to consider this Agreement has
been properly published and given; and
WHEREAS, the City has determined that it is in the best
interest of the the City and its citizens to settle the Petition
by adoption of this Agreement; and
WHEREAS, the City and WSDJV desire to amend the Tuscawilla
PUD to reflect the matters set forth herein.
NOW THEREFORE, for and in consideration of settlement of the
Petition and other and good and valuable consideration, WSDJV and
the City hereby agree as follows :
l. The foregoing recitals are true, correct and accurately
reflect the matters affecting the Tuscawilla PUD and the Petition
as of the date hereof and such recitals are expressly
incorporated herein by this reference.
3
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� 2. The Remaining Property shall be developed in the
following manner :
PARCEL ACREAGE LAND USE UNITS
14C 31. 2 Single Family 125
l. l Seneca Boulevard --
61 33 . 0 Single Family 198
1 . 4 Commercial --
0 . 6 Service Road --
15 67 . 0 Commercial --
104. 0 Single Family 416
25. 2 Multi-Family 504
3 . 6 Vistawilla Drive --
1. 5 Fire Station --
80 74. 0 Multi-Family 1 ,480
3 . 0 Tuscora Drive --
Lake Jessup
Property 20 .7 Multi-Family 166
TOTAL 366 . 3 2 , 8g9
3 . The acreages described within each Parcel are
approximate acreages only and shall be finalized at such time as
a final survey of each parcel is obtained. Therefore, the legal
descriptions set forth on Composite Exhibit "A" are subject to
revisions based upon such final surveys and sound land planning
techniques, it being the intent of this Agreement that this
Agreement be inclusive of all remaining undeveloped real property
within the aforedescribed parcels within the Tuscawilla PUD as of
the date hereof; provided, however , no boundary of any such
parcel shall be expanded by more than one hundred ( 100)
additional feet.
4 . The units set forth herein for the multi-family and
single family designations are the maximum allowable units within
each such parcel and the acreages set forth herein for the
commercial designations are the maximum allowable acreages for
commercial property within each such parcel. Notwithstanding the
foregoing, WSDJV shall have the right to request minor revisions
to such allocations and redistribute units within such parcels to
accommodate sound land planning techniques, provided the overall
units and commercial acreages on a gross basis do not exceed
those set forth above, subject to the applicable provisions of
the City Codes.
4
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5. The land use designations set forth herein are inclusive
of less intensive uses under the City Codes for development of
the Remaining Property, subject to the regulations of applicable
governmental agencies .
6 . Within the land use classifications set forth herein,
such classifications shall be inclusive of all permitted uses
within such land use under the City Codes and ordinances in
effect as of the date hereof; provided, however , commercial shall
include those uses set forth on Exhibit "B" attached hereto and
expressly incorporated herein.
7. Attached hereto as Exhibit "C" and expressly
incorporated herein by this reference is a depiction of the
Remaining Property and the land uses associated therewith.
Attached hereto as Exhibit "D" and expressly incorporated herein
by this reference is a depiction of Parcel 15 and the land uses
associated therewith. Exhibits "C" and "D" are intended for
reference only as the City and WSDJV acknowledge that the land
uses shown thereon are an approximation only as to boundaries and
the boundaries of such land uses may vary in order to make better
use of the Remaining Property in keeping the terms and provisions
of this Agreement; provided, however , no boundary of any such
parcel shall be expanded by more than one hundred ( 100)
additional feet . The parties agree that Exhibits "C" and "D"
shall collectively constitute the certified map and plan of the
Remaining Property in the Tuscawilla PUD. Access points and
roadways show the number and approximate location of such
matters, which location will be finally determined at the time of
site plan approval and/or plat approval of the respective
property such minor adjustments and revisions shall be permitted,
provided such changes shall not result in an increase in the
commercial acreage or units on such parcel, except as otherwise
permitted herein or by City Codes. �
8. WSDJV agrees to dedicate a one and one-half ( 1 . 5) usable
acre site for a fire station located adjacent to State Road 434
in the residential section of Parcel 15, at the location depicted
on Exhibit "C" .
9. WSDJV shall be entitled to transportation impact fee and
other impact fee credits for the dedication, planning,
development and construction of Tuscora Drive and Vistawilla
Drive, which road are determined to be collector roads and other
public dedications in an amount equal to the impact fee credits
permitted under the Transportation Impact Fee Ordinance or other
applicable ordinances adopted or to be adopted by the City, for
right-of-way, planning, design, development and construction of
such roadways.
10 . The access points of the Remaining Property along State
Road 434 shall be of the number and in the approximate locations
5
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as depicted on Exhibits "C" and "D" ; howeve'�';;`g�a`ic��`�access points
shall be subject to Florida Department of Transportation
requirements, guidelines and standards.
11. In the event of any conflict between this Agreement and
any other ordinance, approval or similar matter regarding the
Tuscawilla PUD, this Agreement shall control and govern the
rights and obligations of the parties hereto and such approval or
similar matter .
12. Any and all approval, master plans, plans, submissions
and other similar matters affecting the Remaining Property are
hereby automatically amended to conform to and reflect the
provisions and intent of this Agreement.
13 . Buffering of the Remaining Property shall be subject to
the provisions of the applicable City Codes at the time of site
plan approval .
14. In order to develop the Remaining Property, WSDJV shall
be required to comply with the applicable City Codes, it being
the intent of this Agreement that this Agreement constitutes a
revision to the approved map and master plan of the Tuscawilla
PUD and that in order to develop any portion of the Remaining
Property, the remaining approvals necessary consist only of site
plan, final development plan or plat approval and preliminary and
final engineering approval, as provided by the aforedescribed
City Codes regarding Planned Unit Developments and specifically
Chapter 20, Article IV, Division 2, Part A, which applies to the
Remaining Property.
15 . WSDJV agrees that the City may, at any time, adopt a
special tax district encompassing that portion of the Remaining
Property and other property located adjacent to State Road 434
from the eastern boundary line of the City to State Road 419 , for
improvements and beautification of State Road 434 .
16 . WSDJV agrees to grant and convey a ten foot ( 10 ' )
easement to the City over and across the southern boundary of
Parcel 14C and continuing along the southern boundary of the
adjacent real property owned by WSDJV in the City of Oviedo,
Florida, to State Road 426, on or before thirty ( 30 ) days from
the date this Agreement becomes final and is no longer subject to
appeal .
17 . It is the intent of the parties that although the
Petition be dismissed without prejudice, the Court shall retain
jurisdiction over this matter and specifically with regard to
this Agreement , in order that any disputes hereunder shall be
resolved by the Court, pursuant to such proceedings as the Court
may deem necessary in order to accomplish the foregoing. Neither
party hereto admits to any liability whatsoever with regard to
6
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wthe Petition and the subject matter thereof. �i��t��e�;- �this
Agreement is in no way intended to affect the appropriateness or
inappropriateness of either parties ' position or circumstances
with regard to the Petition or the events, circumstances and
subject matter thereof. In the event that the Court, at any
time, determines not to retain jurisdiction over this matter , the
parties hereby expressly waive and agree not to assert the
defenses of statute of limitations and laches in any subsequent
action related hereto.
18. This Agreement shall inure to the benefit of and be
binding upon the City and WSDJV and its or their respective
successors and assigns.
19 . The rights and obligations of WSDJV hereunder are fully
assignable and transferable, including but not limited to, in the
event any portion of the Remaining Property is conveyed by WSDJV,
and in such event the City shall look solely to such transferee
or assignee for the performance of all obligations, covenants,
conditions and agreements pursuant to the terms of this
Agreement .
20 . This Agreement contains the entire agreement of the
parties hereto. Any change, modification, or amendment to this
Agreement shall not be binding upon any of the parties hereto,
unless such change, modification or amendment is by ordinance and
in writing and executed by both the City and WSDJV and adopted by
the City by ordinance.
21. This Agreement shall be interpreted pursuant to the laws
of the State of Florida.
22 . This Agreement is intended to be performed in accordance
with and only to the extent permitted by all applicable laws,
ordinances, rules and regulations . If any provision of this
Agreement or the application thereof to any person or
circumstance shall for any reason, and to any extent, be invalid
or unenforceable, the remainder of this Agreement and the
application of such provision to other persons or circumstances
shall not be affected thereby, but rather shall be enforced to
the greatest extent permitted by law.
23 . In the event of any controversy or dispute arising
between the City and WSDJV in connection with this Agreement ,
including without limitation, in any settlement , in any
declaratory action, at trial or in any appellate proceeding, the
prevailing party shall be entitled to recover any and all costs
and expenses associated therewith, in whatsoever nature or form,
including without limitation, reasonable attorneys ' fees ,
paralegal fees, legal assistants ' fees, expert witness fees and
other professional fees and expenses associated therewith.
24 . This Agreement and any modification or amendments hereto
7
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� may be recorded in the Public Records of Semi�o�ie;='��o�nt�,
Florida; however, failure to record this Agreement or any
modification or amendment hereto shall in no way invalidate same .
IN WITNESS WHEREOF, the City and WSDJV have executed this
Agreement as of the date and year first written above.
"WSDJV"
WINTER SPRINGS DEVELOPMENT
JOINT VENTURE, a Florida
general partnership
Signed, sealed and delivered BY: GULFSTREAM HOUSING CORP. ,
i�. the pr.�sence of ,,� _ ,__ � a Delaware corporation,
`�. ���` General Partner
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•. ff � J. lenn M I�I ,
j'/ � Vice Preside �� ,��„�,��",�,,,.,,,
f� • `�.��,`���C,,.. ~F y�.,��,
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(CORPCIR�? �c iS�`$�I4. ��� -.
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BY: HOME CAPITAL CORP. ,+��""""'"'���tl\
a California corporation,
General Part
�s,,
_ O By: �
� is E. Vogt,
Vice President
BY: C'�':� �� �.
� �Joy- eCa o,
`� � Assistant Secretary
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THE "CITY"
THE CITY OF WINTER SPRINGS
FLORIDA, a Florida municipal
corporation
Attest : /�f'l�j/y�I��� By: �u�1Ct� � .
Mary T.' Norton, Leanne M. Grove
City Clerk Mayor �
9
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, STATE OF FLORIDA �
COUNTY OF (j ����,�C��"
I HEREBY CERTIFY that on this day personally appeared before
me, an officer duly authorized to administer oaths and take
acknowledgments , J. GLENN MARVIN, III , as Vice President of
GULFSTREAM HOUSING CORP. , a Delaware corporation, which
corporation is a General Partner of WINTER SPRINGS DEVELOPMENT
JOINT VENTURE, a Florida general partnership, to me well known to
be the person described in and who executed the foregoing
instrument and he acknowledged before me that he executed the
same for the purposes therein expressed, on behalf of the
partnership.
WITNESS my hand and official seal in the County and State
,
last aforesaid this � �-
� da y o f `.SE�'iZ�)I.���-. , , 19 9 0 _. ...,
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My Ct��iniss ' on Exp,��res t "": 1 , ��� ��� �
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k�'LY2Y PUB!'C 7AT[ OR'fL3RtDA AT l/�i��� •f �
MtY �0:1,MDS :OP! E'r�ihES vU�IE 2S, 1^>94 �r.,e
STATE OF FLO IDA RON1Yt° �r�NU A�+yi.7iy �GcNCY, swc. ''ur°; '.
COUNTY OF L� � . ,
I HEREBY CERTIFY that on this day personally appeared before
me, an officer duly authorized to administer oaths and take
acknowledgments, LOUIS E. VOGT, as Vice President of HOME CAPITAL
CORP. , a California corporation, which corporation is a General
Partner of WINTER SPRINGS DEVELOPMENT JOINT VENTURE, a Florida
general partnership, to me well known to be the person described
in and who executed the foregoing instrument and he acknowledged
before me that he executed the same for the purposes therein
expressed, on behalf of the partnership.
WITNESS my hand a�-��-ficial sea in the ounty and State
last aforesaid, this day of , 199 .
,.... ,,
Notary Publ '
My Commiss o Expires: ,," r. �,�' y
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O ARY PUBLEC,STqTL��- � � �W
COMMISSfON EXPI�$;�q��jD� �.F � :_. '
BONDED ThRU NOTARY p�j'� �'�g� '�...' -
�f�tRWRIT�!'��c >.
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10
/C/DAH
6786062AMD
06/22/90 . 3
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��TATE OF F RIDA
COUNTY OF�
_���
I HEREBY CERTIFY that on this day personally appeared before
me, an officer duly authorized to administer oaths and take
acknowledgments, JOY DeCARO, as Assistant Secretary of HOME
CAPITAL CORP. , a California corporation, which corporation is a
General Partner of WINTER SPRINGS DEVELOPMENT JOINT VENTURE, a
Florida general partnership, to me well known to be the person
described in and who executed the foregoing instrument and he
acknowledged before me that he executed the same for the purposes
therein expressed, on behalf of the partnership.
WITNESS my hand and ficial s 1 i the County and State
last aforesaid, this 1/��day of ..Q , 1990.
, .:���,�,,,,�
,�
•,`��-R ,
s.i'.
s�•
No ary Public -- ; Q � — . =
My Commiss ' � " `� '�' �
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NOTA LtG','�1�7��6P.L���a�� � C,�
ISSIONEXPiRESs MA����t�;
MY DED THRU NoTARY PUB1.�C YNI�R�C . .��.,
STATE OF RIDA BaN ""-�� •"�.,o�'�,s r°�
COUNTY OF �% ��:a'��.;
�,
�`''��„�, , �,'.'.
I HEREB� CERTIFY that on this day personally appeared before
me, an officer duly authorized to administer oaths and take
acknowledgments, LEANNE M. GROVE, as Mayor and attested by
MARY T. NORTON, as City Clerk of THE CITY OF WINTER SPRINGS,
FLORIDA, a Florida municipal corporation, to me well known to be
the persons described in and who executed the foregoing
instrument and they acknowledged before me that they executed the
same for the purposes therein expressed, on behalf of the ..�.. ,� .,
municipality. � ''`• �
,:s i>"���.� °� �
�
;. "��. ;.. � .,.., �: ;
WITNESS m hand a d�icial s 1 ' n th Count and�'��.�t�., ' � y�
Y Y c>�.� t> -
last aforesaid, this ay of , 199G4'.�.~� ,`� o �- : �
�'• �'' �, ¢t �'
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— � °#w����.•. Q •e'�:04 a\�;:
, •..,��,,,.+�� ��.
5 S ��
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Notary Pub ic ''• � • � •""�
My Commission Expires:
,;GTARY►UBLIC�STATY O/ RLO�IOA AT LARGE
MY COMMISSION ENfIRES pECiMBlR OS, 199!
lONOED TlIRU AfMTON AaENCY.ING
11
/C/DAH
6786062AMD
06/22/90 . 3
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' _cC�S � �+� i� r. c7d i�E:2:1�1G":' �.�E'c C� _ .;S.r,.''-�'1�:�..n UI'-T 1 �� , �` j
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_E?CO�O?G� ' rl PZct• �0��: .�,6, i'60e5 �. c77C �� Gi �.'lE '1:Ji1C ;�2CC=C., G_
�e;,^,; !�O�E COL'TIL�', + �C�1:]c .
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(Page 1 of 15)
^�f.�:... ._ -' �::i,.v=
Ei i+i
. � 'j 1 � _- 1 E1 4
� C°, �;
� PAI�:IIs 61 -
��'=�i�=��� w�. rw.
P�?� � - D:S...''_'ru_�'iCT.�:
=rcer� t'�,e oe.��riine cf i.^r,..e.secticc, er �;in`� Spri.ncs &^.•,�e�2r� ann
:vc��xr. t�:ay� as sha,.�n in plzt o` ��i.�t� Sp�ings linit Fo,,:_.-' as rec�r3ec
Plat F�k ifi, Pages 6, 7 and E, ��ic Rec�^'�-s o= Se.�.nole CoL.^�`y�
Florica; r� t�.86°23'05"�. alonc, tt�e cen�line o: �;i�ter Spri�cs
bot:lev�� 282. PS feet; thes�ce 2�.03`36'S5"ti. 60.00 feet `..o :tie noi�t cf
�i-1.�ina on the tvc:-`-,h ri�t-c_`-wa�, line oF Winter Sb�:ncs 3��.:levzrc
(i20' R�'w) ; thesce n`z 5.86°23'C5"ti. a]..ong sai� No��h richt-o{-��h-
line 217. 85 feet to the point o` cur�atLe c� a curve cc�cave iv��.-.
eastesly, anc havina a �-aci� of 25.00 feet; `,hence nm Nor`�hwes;�rlv
along tr:e arc o� said curve 3°.27 feet throucn a aentral a^-lge o: 90°
DO' OC" tn tne �int of tanaency o�n the �zst riaht-of-way line o_` Nc�h-
e_•-n way (80' R/�^') ; thence nm t�.03°36'S5"�•;, alang sai.d Fzs;. �ic:�t--of-
way 1i.ne °0. 78 feet to `he point oL cu..*-sature o: a cu_�-ve c�ncave
7�Gteriy a-� hav:.nc a racii:s of 18°3.55 feet; thence run Ne�'�`�''e=�`'
a:ionc �,�-ie erc oF said curve 8S.?5 feet ~hrouch a ces�:=a1 zncie o�r 02°
�2' �7" to a �int; `�he�ce leavinc said Fzst rignt-c_`-way line, r�.�^
2�. 86°23' OS"�. 270. 83 fee� `�.o the aoint of cu.��-vature o� a curve conca"e
Sout'7wesy`e=iy, and r�vis�g � radiLS of 2�.E 3 f ee�; thence n� Sou�,.h-
e�s�-�ly al.rng L�he zrc of said cL�-ve 40.4d feet thirouan a ee���,sal
�gle o� �3°i4' 41" t� the po:.nt o_` `�ngency; �ence nr� S.1C°22'1S"-.
�i3. 65 feet `� a Foint on �he aforesz.id 2vor`,h rignt-of-�.ay line or
4;in:ar S�:i�gs Boulevzrd, said mint be:.na an a cu..Tve conc,zve No?-j-,h-
�ly, z.z: 'r,avinc � racil:s o` 1D85.92 iee�; tn�nce �rc�r a �ngent
i�c.�1T�L� O� 5. fi2°16' Q7��iN'. � ?'�T': 4�5i..E'ilv �lO:�.c�j `'1°_ ?SC 0= S�c�1C C`T�T2
a,�n �.:�cno said Tvo=�ne-1y -ig3:t-e:-wzy 1:s►e 78.O1 feet t'�souc'r. a
G`�rl��? '�1�Q1E Oi O�°O6� �C�� �D �I3°_ 13J1S1� O' t�E'C`_P^.�"1Cj, CJI���•-.1']Q
l , L i l�_ c.C=ES.
(Page 2 of 15)
n rl tµ,., �,`--t':;_
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. � . , y � � _ E: .- <..
�
� PAF�L 61 -u�:- - �:`;. i�:..
c��, ; ..�_.._
D� � Lr;� P` '. Dt� C , F�r,CL: 2
FrO�� � �1E CEntPriinE 0` � ntersec�� �r, 0` k'i �,�Er Sp' � r� �5 � OUIE -
;,fiQrfi k'E}' i5 Stiph'fi lr F7Zi Of �'J ��i: �( SPr� i �� L� t��� : ?
vcr� crC I�C� � Fub1iC rE -
YOUh , e5 ?'� C01'GEd in F1 � � b�ok lE , P� oes b , � b £ ,
cores cf Se���'� �G� e Cour:�� , �iorio� , run i� . E�`� 3 ' C5 " E . � lonc �t�E
c �r, �Eriine af �inter Sprine5 Boule���r � 2E2 . 8� {eet ; thence
�� . C'j � jE ' �� "h . �G' . �� jeEi i.0 � poini Ofl ��1E ��01' �f� rlCr�i 0 { k'c�1
line c` seic �'� rter ��rines Soule�v�r� , szi � po� nt beino on a
cur ��e c�ncave i�or �herly � n� havine � radius o ` 10�5 . S2 `ee � ;
j 1� . �6 °23 ' 05 " � . run F �s �erl �-
thEnCE t"'Dm c �cnQQnt bEar � nG G � .
E � Of1C� th2 crC 01 SEId CUt'vE cfld elonc SE1G ��Or : hQr � Y 1'l01'�� 0�
►+"c \' I1fiE �� . �� tEEt ��1r0U0h c C2fi�' �� oTiC� E �r �''� ° �E � �' � `0
r
tne poini. Gf becinning; �henCe lez�� in0 Scid �Or :��Prl �� ri0ht 0 �
r
ti�c�' lire , run f; 10°�2 ' lfi "l�' . 173 . E� `eet to the poin� o � curv� -
turE c` � turve concave Southwesterly an� ha ��ine a rad� us of
� � . E � �eEt ; � nence run �'Or�hweStefly � lOnO �hE crC G` 5 � �� �
� ` l � � t � �� to the
curve � D . E4 �ee � throuoh � [entrzl afiO�lE of E.:
po� rt o` tanoency; : t�ence run 5 . �6 °2� ' 0� "k' . 270 . �3 feet ( t� o
pflir� o;i the Fesierl�� rioh� o� h•�)' line o1 ��rthern � cy 8�
p /;; ) s � i � pcir,t b= inc on � curve conc� ve � zsterl �� anG ha.v� no
r 18:3 . 5` �eE� • th2nCe frotr� 2 �anoer�t becrinc of
E rcCiuS o + + - • "
hi . Gl °C� � 58"1�' . rur� D�ortherly c �Ipf1G the orC o` Sc ` o Curve 'cnd
- sterly rict�� c� h�e� line �O . CB `eet thr �uct-, e
"clonc SciG � :. _ �
cen:r �l 'c �l �� E o� O1 °�0 ' �6" �o � pcin� ; ihence i : evino seio
G� c �2rj�i riC' f�� O.i 'v.'c}� � 1f1E rU�l �� . Pi� ��L. � v� �� � . Zb�• �6 iE° � Z.0
� ��E AG1 ��i. D ; CUr�d � turE G� c Curve ConCc �E Sou� hh'e5t2ri �� 2nd
i�� V1 T1L• o �c Gl US G� %% . EZ �cF : ; �nence rUn �OU� hE25 �°' � y c � 0� 0
-, � ' �hreuoh � cen�r � l �ngle o'
�ne erc o= said curv� 1 • . D7 �eei c , '
E3 = 'i �. ' �: 1 " �o tr� �oini c; tancenc�� ; ;.he�ce run 5 . 10`%2 ' 1 '= •
�I�� .v� Tc�� I'J e � DO1riT Oil T.hE ci01'PSoiG I�D1'thE " I ;' r� Ch� Or N8V
� 'iilE DS i+ lT1�r" ' �?'.' inCS GCU � ?�'cf0 , Sc 'I � poir.� D° 1i10 OTl c CUT'VE
� ��� . �2 ��� ., ° �
COilCeV� 1�'OYih?'� V cri0 ��cVlT1G "c 1'cGiLS Gr C c ` • � �1_ il 2
r S . 7c°3j ' 46"i�' , run l�'eStErly slono ;,he
f-orr, � �aneen� becrine o � .
cl'C 0� SclO CUtvE c' f10 e� �� C Scl � ��jOr�hEf � v f'� Gi1T 0 � k'c)' Ilfle
5� . C2 ` ee � thrOUOh 'c C2Tiir' c �� cf1C� E D ` �Z °3Q+ � C � �� LD 2t1E p� in� '
of be�inning , c�ntoinine thErEin 0 . 597S ocres more or less .
(Page 3 of 15)
i _
� .,. ..,. f�':i « L_ .
Z�
rl;?�t t`s,,;=_
F f �i � �-:
� , P��t� b 1 _ � � t � , f.; ,;
, Cviti`t�-.:.•�'_ :.:i. fi..
D1.SC1+lYTIUn� - PnRCLL "I,��
From [I,e centerline inte:'seclion of winter Sorings Goulevard ar,d Nor=herr, Way, as shoNn on Clie
plat ot winte: Snrings unit 4, recorded in Plat DooY. 1.8, raQPs 6 . 7 a�d 8, Public f<ecords of
Seminole CounCy, I'loriUa; run N.03°3o'S5"h, alony the cencerline of Northern h'av 1?5. 'I8 feet;
thence N. OE°23'05"L. 40.00 feet to a pr,int un the Gasl right-of-way line of Nort,hern wry, aoid
poin� being clie point of curvature of a curve concave L'asterlv and havino a rac)ius of 1lf53.55
feet; run thence Northerlv along said riaht-of-a•:,v line �ind alono the arc of sai� curve 305. 34
feet Clirouoii 'r. cenCral anale of 09°21' 3G" co tiip point of beqinning; thence cont�nue Northez)y
�leno the arc o: said curve 453. 33 teet throuoh a centrai anqle o: 13°43'O1"; thence run 5.70°
32'10"L. 15:. E1 fEet; thence N.2G°1:'2' '�, 2p3. 35 feec to Lhe South line of a 11U foot ��ide
1'lorid� Povcr and Ligh[ Comp:,ny P.nsement% thence t..54°US' 3�"W, ulonu said Sou[h linE 16k,00
fec[ to said East right-of-Way line of Northern Way; tlience N.25°22'S5"C. along said La::t right-
of-w,y �ine )26. �4 Leet to the point of curvaCure �f a r.urve conceve Southeasterlv and I�avino a
radius of 410.00 feeL; run thence Nnrthea�ter]y along tl�e arc of said curve 43p.B3 feec cnrouqh
n eentral angie of GO°12'23" co the �oin� of reverse curvature of n curvF. conca�e NorChwesterl},
�u�d h�ving a ra�ius of 296. 47 feet; run thence Northeasterly 177. G5 feet along Che arc c>f said
curve ti�rouyh a cencral angle of 34°06'09" to the S�uth line of lU0 foot wide Florida }%uver
C'ornoration Lasement; thence S. BS°10'12"L, along said South ]ine 904. 7� feet; thence 5.�7°45'
05"L. 1�4..07 fee.C- to tne Wortherly right-of-w��, linc of winter Sozi-nqs floulevnrd. s��id raglit-
�f-w�ay line beiny on a curvc concave Sou[heasterly and havinq � radius ot 1215. 1C icet; thencc
from ti canyen[ bearino of S. G2°14'S5"W. run Soutl�vescerly alono said right-of-uay line e.nd alonq
che arc of sa�d c��rvP �37,53 feet through a central anglP of 34°46'29" to the point of tanqency;
t.henCe S.27°2U' 2G"W, 261.56 feet to the point �f curvature of a curve concave laorthwestc-rly and
1»ving a radius of lOB5. 92 feet; run t.hence Soutl�vesterlv aionu the arc of said curve 960. 49
feet; tl�ence N. 10°22'19"h'. 50.�0 feet to the beginning of a curve concave Northuester]y and
having a radius o: ]035. 92 ieet; thence from a tangent bearino of N.79°37'46"E. run Northe�sterly
alono che ai-c of said cu:ve 170. 78 feet throuol� a cencral anole o: 09°2G'a4"; thence N. 19°se'
��"t�. 325. 30 feet; thence N, B�°32' 31"W. 419.75 feet to the Point Of beqinni��g, containin� Chere�in
32•59?9. acres.
` (Page 4 of 15)
• ' TUSCnWILLA PARCEL 15/Pfu�Cr.L I - =- � ' ' -
. �� -` � -�-
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DESCRIPTION:
That part of the MAP OF THE PHILLIP R. YOUNGE GRANT, as
recorded in Plat Book l, Pages 35 throujh 38 of the Public Records of
Seminole County and that part of Sections 5 and 8, Township 21 South,
Range 31 East, Seminole County, Florida, being described as follows:
Begin at the Northeast corner of said Section 8, Township 21 South, Range
31 East, Seminole County, Florida, thence run S 00°24'SS" E along the
East line of the Northeast 1/4 of said Section 8, for a distance of 205.56
feet to the Point of Intersection of the Northerly Ri�ht-of-Way line of the
Lalte Charm Branch of the Seaboard Coast Line Railroad (I00' R/W) with
the EasterIy Right-of-Way line of the Black Hainmock Branch of Seaboard
Coast Iine Railroad, said Point of Intersection beina a point on a curve
concave Northeasterly having a radius of 799.85 feet and a chord bearing
of N 49°02'35" W; thence run Northwesterly alon� the arc of said curve
and said Easterly Right-of-Way line through a central angle of 08°11'08"
for a distance of 114.27 feet to a point on a curve concave Northeasterly
havina a radius of 651.23 feet and a chord bearing of N 20°36'17" W;
thence nui along the arc of sa�id_curve and said Easter?;� Right-of-Way Iine
throu�h a central angle of 54 3� 00 for a distance of 620.40 feet; thence
run N 06°21'38" E along said Easterly Right-of-Way line for a 1540.�5
feet; thence leaving said Easterly Right-of-Way Iine run S 89°32'22" E
along the South RiQht-of-Way line of State Road No. 434 (60' R/V� for a
distance of 131.05 feet; thence run S 00°11'S7" W along the East Iine of
the Southeast 1/4 af Section 5, Township 21 South, RanQe 31 East for a
distance of 1958.31 feet to the POINT OF BEGINNING.
TOGETHER WITH:
Commence at the Northeast carner of Section 8, Township 21 South,
Range 3I East, Seminole County, Florida, thence-run S 00°24'S5" E along
the East line of the Northeast 1/4 of said Section 8 for a distance of 205.56
feet to the Northerly Right-of-Way line of the Lake Charm Branch of the
Seaboard Coast Line Railroad (100' R/Vi�; thence run N 54°34'S7" W
along said Northerly Right-of-Way line for a distance of 293.14 feet to a
point on a curve concave Southwesterly having a radius of 1959.19 feet and
a chord bearing of N b6°56'09" W; thence run Northwesterly along the
arc of said curve and said Northerly Right-of-Way Iine throu�h a central �
angle of 24°44'10" for a distance of 845.83 feet to the point of tangency;
�
(Page 5 of 15)
TJSCkhILl,T, PhRCEi 15/FARCEL 1 - '.
� :.'Ey v.� ;`.:_
, �'=ti-
thence run N 79°18'14" W alon� said Northerly Right-of-Wa}� �e �or a �-� � � `
• distance o f 6 9 1.2 6 feet to the point of curvature of a curve conca��=:�;_:�� ;;;;. �;..
Southwesterly having a radius of 2612.09 feet; thence run Northwesterly
along the arc of said curve and said Northerly Ri�ht-of-VJay line through a
c�ritral an�le of 11°46'38" for a distance of 536.92 feet to the point of
tangency; thence run S 88°55'08" W along said Norrherly Right-of-Way
line for a distance of 96.48 feet to the Easterly Right-of-Way line of
Proposed Vistawilla Drive and a point on a curve concave Southeasterly
having a radius of 460.D0 feet and a chord bearing of N 44°53'28" E;
thence run Northeasterly alon� the arc of said curve and said Easterly
Right-of-Way line through a central an��e of 69°00'18" for a distance of
554.01 feet to the point of reverse curvature of a curve concave
Northwesterly having a radius of 790.(}0 feet and a chord bearina of
N 44°�0'S0" E; thence run Northeasterly alon� the arc of said curve and
said Easterly Right-of-Way line through a central an�le of 69°OS'33" for a
aistance of 952.65 feet to the POINT OF BEGINNING: thence continue
Northerly alon� said Easterly Right-of-Way line and said curve havin� a
radius of 790.40 feet and a chord bearinQ of N OS°22'S1" E through a
central an�le of 09°50'25" for a distance of 135.6� feet to a point of non-
tangency; thence run N 06°10'16" E alon� said Easterly Right-of-Way line
for a distance of 1Q0.50 feet; thence run N 00°27'38" E along said Easterly
Ritrht-of-V�'ay line for a distance of 214.99 feet to the point of curvature of
a curve concave Southeasterly havin; a radius of 2�.00 feet; thenc� run
Northeasterly along the arc of said curve throu�h a central an�le of
90°00'00" for a distance of 39.27 feet; thence run S 89°32'22" E along a
line that is 25.00 feet South of and parallel with the South Ri`ht-of-Way
line of State Road 434 for a distance of 404.53 feet; thence run
N 00°27'38" E for a distance of 25.00 feet to said South Ri�ht-of-Wav
Iine; thence run S 89°32'22" E along said South Ri�ht-of-Way line for a
distance of 639.86 feet to the West Right-of-Way line of the Black
Ha�-n.mock Branch of the Seaboard Coast Line Railroad; thence run
S 06°21'38" W alon� said West Ri�ht-of-Way Iine for a distance of 502.66
feet; thence leaving said West Right-of-VJay line run N 89°32'22" W for a
distance of 1039.34 feet to the POINT OF BEGINNING.
TOGETHER WITH:
Commence at the Northeast comer of Section 8, Township 21 South, RanQe
31 East, Seminole County, Florida, thence run S 00°24'S5" E along the
East line of the�Northeast 1/4 of said Section 8 for a distance of 205.56 feet �
to the Northerly Right-of-Way line of the Lake Charm Branch of the
Seaboard Coast Line Railroad (100' R/W); thence run N 54°34'S7" W
along said Northerly Right-of-Way Iine for a distance of 293.14 feet to a
(Page 6 of 15)
. .,:,'�CAL�:r....?. '-FiRC',:.J �SiFnRCr� .
point on a cun7e concave Sou�hwesterly having a radius of 1959.19 feet and
� a chord bearinQ of N 66°56'Q9" W; thence run Northwesterlv alon� the
arc of said curve and said I�'ortherly Riaht-of-Way line throu�h a central
angle of 24°44'10" for a distance of 845.83 feet to the point of tanaenc}�;
thence run N 79°18'14" V1 alon� �aid Nartherly Ri�h:-of-Way line for a
distance of 691.26 feet to the point of curvature of a cun�e concave `��
��?
Southwesterly having a radius of 2612.09 feet; thence run Northwesterlv �,� '``' �-; ._
c=� --.� a:�..;
alon� the arc of said curve and said Northerly RiQht-of-Way line throuRh a - ...,,, r,�
central anale of 11°46'38" for a distance of 536.92 feet to the point of '��' ��
,.;
tanaency; thence run S 88°55'OS" ��� alona said Northerl Ri`ht-of-Wa�� ���� ��
� Y %:::� ��,:::",r ' ;
line for a distance of 178.11 to the Westerl�, Right-of-Way line �f :,, .,,.._ ..,;r:
Proposed Vistawilla Drive; thence run N 10°23'19" E alonQ said Westerly '•� �:� �'�y
�,.
Ri�ht-of-Way line for a distance of 16.23 feet to the point of cun�ature of a '""'"'
cun�e concave Southeasterly havin� a radius of 540.00 feet; thence run
alonR the arc of said curve and said Westerly Ri�ht-of-Way line throubh a
central anale of 69°00'18" for a distance of 650.36 feet to the point of
reverse curvature of a curve concave Northwesterly having a radius of
710.4C feet and a chord bearinQ of N 71°54'S5" E; thence run
Northeasterly alon� the arc of said curve and said Westerly Riaht-of-VJay
line throuah a central anale of 14°S7'22" for a distance of 185.33 feet to
the POII��T OF BEGII�TNLNG; thence leavinQ said Westeriy Riaht-of-Way
line run N 30°2�'39" V�J alon� a non-radial Iine for a distance o� 356.C4
f�et; thence run ti' 89°�2'39" VF% fo: a distance of 22�0.00 feet; Lhence run
N 00�07'21" E 1or a dist�nce of 1Q0.00 feet; thence run I�� 47°03'S9" E
ror a distance oi 292.9� fee�; thence run N 00°07'21" E for a distance of
400.00 feet to the Sout�� RiQht-of-V�%ay line of State Raad No. �34 (60'
R/�'); t�'�ence ru.n S 8°°52'?9" E alona said South RiQht-of-���ay line for a
dis~�-�ce of I�80.00 feet; thence run S 89°32'�2" E alonQ said Sauth Riah�-
o�-�T�%ay line for a distance of 611.08 feet; thence lea��inQ said Soutt� Ri�ht-
of-��Tay line run S 00°27'38" W for a distance of 25.00 feet; thence run
S 89°32'22" E alona a line 25.00 feet South oi and parallel with said South
Right-or-Way line for a distance of 395.00 feet to the point of curvature of
a cun�z concave Southwesterly havin� a radius of 25.00 feet; thence run
Southeasterly alon� the arc of said curve throuah a central anale of
9Q°00'00" for a distance of 39.27 feet; thence run S 00°27'38" W alon�
the Westerly Riaht-of-Way line of Proposed Vistawilla Drive for a distance
of 214.99 feet; thence run S OS°15'00" E alon� said Westerly RiQht-of-
Wav line for a distance of I00.50 feet to a point on a curve concave
Nonhwesterly having a radius of 710.00 feet and a chord bearin� oi .
S 32°26'S6" W; thence run Southwesterly along the are of said cur��e and
said Right-of-Way line throuah a central anale of 63°58'36" for a distance
o� 792.79 feet to the POINT OF BEGINI�TING.
ToQether containina a total oi 66.968 acres more or less and 'beinQ suoject
to a.ny nQhts-oi-way, res�-ictions a�-�d easements of record. �
(Page 7 of 15)
. -'SG:��r?i:.A PARC�? �5I?FRCE:. G
S�ESCRIPTION:
That part of the MAP OF THE PHILLIP R. YQNGE GRANT, as recorded
in Plat Book 1, Pages 35 through 38 of the Public Records of Serriinale
County ar:d that part of Section S, Township 21 South, Ranae 31 East,
Seminole County, Florida, bein� described as follows:
,•..�
i,r, �.;
Commence at the Northeast corner of Section 8, Township 21 South, Ranae �7 ..,,, �
31 East, Serr.inole County, Florida, thence run S 00°24'S5" E alonQ the ��� -�-� �
,,.;
Eas� line of the Northeast 1/4 of said Section 8 for a distance of 205.56 feet ._
to the Northerly Right-of-Way line of the La�:� Chann Branch of the ;�'
��;:.-,r
Seaboard Coast Line Railroad (100' R/R'); thence run N 54°34'S7" W -�, ���- -
along said Northerly Right-of-Way line for a distance of 293.14 feet to a ' � ;
point on a cun�e concave Southwesterly having a ra dius o f 1 9 5 9.1 9 feet an d
a chord bearin� of N 66°56'09" W; thence run Northwesterly alon� the
arc af said curve and said Northerly Ri�ht-of-«�ay line through a central
angle of 24°44'10" for a distance of 8?5.83 feet to the point cf tanaency;
thence run N 79°18'14" W along said Northerly Ri�ht-of-R'ay line for a
distance of 162.82 feet to the POINT OF BEGINNING; thence cantinue
N 79°18'14" W along said Northerly Right-of-Way line for a distance oi
528.44 feet to the point of curvature of a curv� concave Southwesterly
havLn� a radius of 2612.09 feet; thence ru�� Northwesterly alona the arc of
said curve and said Northerly RiQht-o�-��'ay Iine throu�h a central an�le of
11°46'3�" for a distance of 536.92 feet to the point of tangenc}�; thence run
S $8°55'08" W alon� said Northerly Riaht-of-Way line for a distance of
96.48 feet to the Easterly Right-of-VJay line or Proposed Vistawilia Drive
ar�d a point on a curve concave Southeasterly havin� a radius of 460.00 feet
�nd a chord bearin� of N �4°53'28" E; thence run Northeasterly alon� the
arc of said curve and said Easterly Ri�ht-of-Way line throuQh a central
angle of 69°00'18" for a distance of 554.01 feet to the point of reverse
curvature of a curve concave Northwesterly havi�-�g a radius of 790.00 feet
and a chord bearing of N 44°50'S0" E; thence run Northeasterly along the
arc of said curve and said Easterly Right-of-Way line throuah a central
angle of 69°OS'33" for a distance of 952.65 to a point of non-tanaency;
thence leaving said Easterly Right-of-Vi'ay line run S 89°32'22" E alona a
non-radial line for a distance of 1039.34 feet to the Westerly Ri�ht-of-V��ay
line of the Black Hammock Branch of the Seaboard Coastline Railroad;
thence run S 06°21'38" W along said Westerly RiQht-of-Way line for a
distance of 525.90 feet to the point of curvature of a curve concave
Westerly navin� a radius of 552.67 feet and a chord bearing of
S 12°32'48" W; thence run Southwesterly along the arc of said curve and
said Westerly Right-of-Way line throuah a central anale of 12°22'20" for
a distance of 119.34 feet to a point on a curve concave Northwesterly
{Page 8 of Z5)
� ^."'SCAWILi.A PARCEl 15/FARCEL 2
having a radius af 656.13 feet and a chord bearing of S 51°12'30" V��;
�, thence run Southwesterly along the arc of said curve and said Westerly
Rigr.t-of-Way line through a central angle of 77°02'04" for a distance of
882.17 feet to a point on a curve concave Northerly having a radius of
799,85 feet and a chord bearing of N 85°21'14" W; thence run
Northwesterly along the arc of said curve and said ��Jesterly Right-of-Way
Iine and al�ng the arc of said curve through a central angle of 12°OS'S9"
for a distance of 168.91 feet to the Point of Intersection of said Westerly
Right-of-Way line with the I�'ortherly Right-of-�'�'ay line of said La�:e
Charm Branch of the Seaboard Coastline RaiUoad Right-of-Way and the
POINT OF EEGINI�IING.
TOGETHER WIT'ri:
����.,�
tn �'�J P:.''
Commence at the Northeast corner of Section S, Township 21 South, Ran�e r;�r .,,, ;�;„
31 East, Seminole County, Florida; thence run S 00°24'S5" E alonv the � �v "� '
East line of the Northeast 1/4 of said Section 8 for a distance of 205.56 feet ��t� ,
to the Northerly Right-of-Way Iine of the Lake Charm Branch of the s:�.-
. �.,�:.>
Seaboard Coast Line Railroad (100' R/W); thence run N 54°34'S7" W ;' �� -,.,'�r`
alon� said Northerly Right-of-Way line for a distance of 293.14 feet to a ' '� I" �
, � , .,
point on a curve concave Southwesterly having a radius of 1959.19 feet and
a chord bearin� of N 66°56'09" W; thence ran Northwesterly along the
arc of said curve and said Northerly Right-of-Way Iine throLgh a central
anale of 24°44'10" for a distance of 845.83 feet to the point of LanQency;
thence run N 79°18'14" W alon� said Northerly Riaht-of-Way line for a
distance of 691.26 feet to t�he point of curvature of a curve concave
Southwesterly having a radius of 2612.09 feet; thence run Northwesterly
along *.he arc of said curve and said Northerly Ri4ht-of-Way line through a
cer.tral angle of 11°46'38" for a distance of 536.92 feet to the point of
tan�ency; tiaence run S 88°55'08" W along said Northerly Right-of-Way
line for a distance of 178.11 feet to the Westerly Right-of-Way line of
Proposed Vistawilla I�rive and the POINT OF BEGINNING; thence run
N 10°23'19" E along said Westerly Right-of-Way line for a distance of
16.23 feet to the point of curvature of a curve concave Southeasterly
having a radius of 540.00 feet; thence run Northeasterly along the arc of
said curve and said Westerly Right-of-Way line throuah a central angle of
69°00'18" for a distance of 650.36 feet to the point of reverse curvature of
a curve concave Northwesterly having a radius of 710.00 feet and a chord
bearing of N 71°54'S5" E; thence run Northeasterly alon� the arc of said
curve and said Westerly Ri�ht-of-Way line throu�h a central angle of
14°57'22" for a distance of 185.33 feet; thence leavin� said Westerly Right-
of-Way line run N 30°22'39" W alon� a non-;�adial line for a distance of
356.04 feet; thence run N 89°52'39" W for a distance of 3675 feet more
(Page 9 of 15)
. � `�'-'S�-���:.:,A ?F.RCEL 15/PARCEL 2
or Iess to the centerline of Howell Creek; thence run Southerly along tne
` centerline of Howell Creek for a distance of 1050 feet more or less to the
Northerly Ri�ht-of-Way line of Lake Charm Branch of the Seaboard
Coastline Railroad; thence run N 88°55'08" E along said Ri�ht-of-Way
line for a distar.ce of 3153 feet more or less to the POINT OF
BEGINNING.
Together containin� a total of 104.0 acres more or less and being subject to
any right-of-way, restrictions and easements of record.
:....,.�
E fi � !":'S
�.r� C.J
.'� � �
.7C
.�"1
w.�
r::.:..
r�; ,
. • t„"�,;! e
'�i
�_ «„�� ��,;,
!'�? �:,�
'.'.") ` ,
(Page 10 of 15)
; ._.._.,SCAti_i:_.F� ?ARC:I� 15/FP.RCEL 3
DESCRIPTION:
That part of the MAP OF THE PHII.LIP R. YONGE GRANT, as recorded
in Plat Bool: l, Pages 35 throu�h 38 of the Public Records of Seminole
County, Florida, being described as follows:
,-�,�,
�1 r��
Commence at the Southeast corner of Section 8, To�Tnship 21 South, Range r�,� —•,� ��:;
31 East, Seminole County, Florida, thence run S 00°24'S5" E along the w�: "~' �'�
East line of the Northeast 1/4 of said Section 8 for a distance of 205.56 feet �-�
to the Northerly Right-of-Way line of the La�:e Charm Branch of the �� �,;:::���x ��.
.
Seaboard Coast Line Railroad (100' R/V�; thence run 'V 54°34'S7" W ;' �`�� ?�_-:
along said Northerly Ribht-of-Way line for a distance of 293.14 feet to a �;.�.'� ���'.
point on a curve concave Southwesterly having a radius of 1959.19 feet and
a chord bearing of N 66°56'09" Vt'; thence run Northwesterly along the
arc of said curve and said Northerly Riaht-of-Way line throu�h a central
anQle of 2�°44'10" for a distance of 845.83 feet to the point of tangency;
thence run N 79°18'14" W alonQ said Northerly Ri�ht-of-Way line for a
distance of 691.26 feet to the point of cunrature of a curve concave
Southwesterly havin� a radius of 2612.09 feet; thence run Northwesterly
along the arc of said curve and said Northerly Right-of-Way line through a
central angle of 11°46'38" for a distance of 536.y2 feet to the point of
tangency; thence run S 88°55'08" W alona said Northerlv Riaht-of-VJay
line for a distance of 178.I1 feet to the Westerly Right-of-V�%ay line of
Vistawilla Drive; thence run N 10°23'19" E alona said Westerly Riaht-of-
Way line for a distance of 16.23 feet to tne point of cun�ature of a curve
concave Southeasterly havinQ a radius of S4Q.00 feet; thence run
Northeasterly alona the arc of said curve and said Westerly Ri�ht-of-�'ay
line throu�h a central anQle of 69°00'18" for a distance of 6�0.36 feet to
the point of reverse cun�ature of a curve concave Narthwesterly having a
radius of 710.00 feet and a chord bearing of N 71°54'S5" E; thence run
Northeasterly along the arc of said curve and said Westerly RiQht-of-Way
line throuah a central angle of 14°57'22" for a distance of 185.33 feet;
thence leaving said Westerly Right-of-Way line run N 30°22'39" W alon�
a non-radial line for a distance of 356.04 feet; thence run N 89°52'39" W
for a distance of 2250.00 feet to the POINT OF BEGINNII�G; thence run
N 00°07'21" E for a distance of 100.00 feet; thence run N 47°03'S9" E
for a distance of 292.95 feet; thence run N 00°07'21" E for a distance of
190.00 feet; thence run N 89°52'39" Vv far a distance of 311.14 feet;
thence run N 00°07'21" E for a distance of 210.00 feet to the South Right-
of-Way line of State Road No. 434 (60' R/V�; thence run N 89°52'39" �7J
along said South Right-of-Way line for a distance of 522.20 feet; thence
run S 89°32'14" W alon� said South Right-of-V�'ay line for a distance of
8�0 feet more or less to the centerline of with Howell Creek; thence run
(Page 11 of 15)
""";SC',AYiILLA ?ARCEL 1j1PnR�,Ei 3
' Southerly along the centerline of Howell Creek for a distance of 95G� feet
more or less to a point in said centerline af Howell Creek lyin�
N 89°52'39" W a distance of 1425 feet more or less from the POINT OF
BEGINNING; thence run S 89°52'39" E for a distance of 1425 feet more
or less to the POINT OF BEGINNING. J
Containing 25.2 acres more or less and being subject to any ri�ht-of-way, r.,w;,
restrictions and easements of record. f„ �a �;
rry �':r
.��.ty � :74'.��
:e�".'. 1'�
�::..: �
�...
�
[:::a 1:�.',:�;� .
''� "�'".' .�.�,�
�.:.. �.?� �T ,
(Paae 12 of 7 51
• -,•SCx.wli;.,, ?F.kC£L i5/��RCc.� 4
DESCRIPTION:
That part of the MAP OF THE PHILLIP R. YONGE GRANT, as recorded
in Plat Book 1, Pa�es 35 throu�h 38 of the Public Records of Seminole
County, Florida, beli-�g described as follows: "
Commence at the Southeast corner of Section 8, Township 21 South, Range ,.._„�
3I East, Seminole County, Florida, thence run S 00°24'S5" E along the �„ �v ��
East line of the Northeast I/4 of said Section 8 for a distance of 205.56 feet ''�` '�' ��.;
to the Northerly Right-of-V�'ay line of the La�:e Charm Branch of the ��� ~``` ���'�
,....
Seaboard Coast Line Railraad (100' R/V�; thence run N 54`'34'�7" W ,`��,' :
along said Northerly Right-of-Way Iine for a distance of 293.14 feet to a ` ' ' -�"'' -�
,.��- �, _;.
c r„mr r+»...:
�.,
point on a curve concave Southwesterly having a radius of 1959.19 feet and '��
a chord bearing of N 66°56'09" W; thence run Northwesterly along the �°w�.� zt
arc of said curve and said Northerly Riaht-of-Way line through a central
anale of 24°44'10" for a distance of 845.83 feet to the point of tan�ency;
thence run N 79°18'14" W alon� said Northerly Right-of-Way Iine for a
distance of 691.26 feet to the point of cun�ature of a curve concave
Southwesterly havin� a radius of 2612.09 feet; thence run Northwesterly
alon� the arc of said curve and said Northerly Rijht-of-Vt�ay line through a
central anQle of 11°46'38" for a distance of 536.92 feet to the point of
tanQency; thence run S 88°55'08" W alon� said Northerly Ri�ht-of-��ay
Iine for a distance of 178.11 feet to the Westerly Riaht-of-Way line of
Prc�posed Vistawilla Drive; thence run N 10°23'l.9" E along said Westerly
Right-of-Way line for a distance of 16.23 feet to the point of curvature of a
curve co�cave Southeasterly havin� a radius of 540.00 feet; thence run
Northeasterly along the arc of said curve and said Westerly Right-of-Way
line throuQh a central angle of 69°00'18" for a distance of 650.36 feet to
the point of reverse curvature of a curve concave Northwesterly havli�a a
radius of 710.00 feet and a chord bearin� of N 71°54'SS" E; thence run
Northeasterly alon� the arc of said curve and said Westerly Riaht-of-Way
line throuah a central an=1e of 14°57'22" for a distance of 185.33 feet;
thence leavinQ said Westerly Right-of-Way Iine run N 30°22'39" W alon�
a non-radial Iine for a distance of 356.04 feet; thence run N 89°�2'39" W
for a distance of 2250.00 feet; thence run N 00°07'21" E for a distance of
I00.00 feet; thence run N 47°03'S9" E for a distance of 292.95 feet;
thence run N 00°07'21" E for a distance of 190.00 feet to the POINT OF
BEGINNING; thence continue N 00°07'21" E for a distance of 210.00
feet; thence run N 89°52'39" W along the South Ri�ht-of-Way line of
State Road 434 (60' R/W) for a distance of 311.14 feet; thence run
S 00°07'21" W for a distance of 210.00 feet; thence run S 89°52'39" E
fo; a distance of 31 I.14 feet to t31e POINT OF BEGINNING.
Containin_ 1.500 acres more or less and 'bein� subject to any ri�hts-of-
wa}�, restrictions and easements of record. �
(Page 13 of 15)
P�..S 15 and 80
. (Canbined)
D�St�IYI�U�I:
..,,�
4"1':
All that pirt of tl�e kf s� o C the P4�i i l tp _R. Y ost ae Grin t u rcc ordcd i n 4„ rv ,r:,
��, -.a ��-i
P�at Boo� 1, Pt�ct 35 tbro�+gh 38 of the Pubiic Rccords of Seminalc _� ,�
Cau.at7. F1ari.�a s�d z pact►an o€ the Soechcast- 1/4 0� Scction S and a '"
portion of the Nocthc�st 1/4 af �Sectioa S, Tovraship 21 South, Rangc ��:; ,
31 Fisi, Semi:sak County, Flo�dt, }ying South of S.R. 434, Eold S.R. ��� ��":F ;:
419�', No� af tbe La�e Charm .Branch of tha Scabozrd C�3t LiDC r' �' :`�"�
Y..("'� r.''y
Rai.I�osd and Esst vf GARDEN,+� FAR�s1S, TOWN SITES ss rccordcd in �.„.,, , '
Plat Booic 6, Page 39 of thc PubIic Recar�s af Seminole County,
Flarida, less Riqht- Of - Woy for $ lock Hommock Bronch of the S.C.L.
Roil road.
All together contoining 278.322 acres more or less.
(Paae 14 of 15)
, �� JESSUP PF2(JP�'^Y
����.r
t`w.� ra+
tn �;.;r
PT� ..� ["rt't
.� ��
:�„:
,�s .�
_;
s
. ; ,
:-., .°,°:,
-*. ,.r�- -,,,.
�.... C,Y"a x.w.
D�sc.e��r�o� .. , ,
Lo:� 1 .:�d �. Bloc�: .a. D.R. �IITCIIrLL'S SL�����' 0�' T;1L• LL-�'1' �R:�\T
;�ccordin^ to tl�e rlat recnrdccl in Pl:it I3�ok 1 . f;l;'c �. �t ���� Pi�hlic R�cords
of� Sen.ino''� County. f�loricf:i.
Con;:�inin� �0.7 :ICtCC m�re or ics5.
(Page 15 of 15)
° , EXHIBIT "B"
, � PERMITTED COMMERCIAL USES
1. The following uses are permitted in the Tuscawilla PUD:
a. Administrative public buildings ;
b. Advertising agencies;
c. Alcoholic beverage sales (package) ;
d. Alcoholic beverage, on-premises consumption, provided
food is also served;
e. Alterations and tailoring, shops and services; ,.,,,,
f. Antique and gift shop; ,�,
s.��r �
g. Appliances, sales and service; ��.� � �,
h. Artists ' studios; �= -�, �
i. Attorneys; �-'
�,;
j . Automotive accessories sales;
k. Bakery, retail; `��' �°';',..
1. Bathroom accessories ; �' M��� �,,;;'
m. Bicycles, sales and service; � �'� r:��W�
. n. Bookstores, stationery, newsstands;
�°.;r7 r�;
o. Bookkeepers;
p. Bowling alleys, provided either ( i) no building may be
located nearer than two hundred fifty ( 250) feet to
any residential property line or ( ii ) the proposed
developer shall provide reasonable evidence that noise
emanating from inside such building cannot be heard
from residential property within the Tuscawilla PUD;
q. Butcher shop, retail only;
r. Carpets, rugs and linoleum;
s. Car wash, automated and enclosed, similar to Shiners
and those associated with gasoline service stations;
t. Churches;
u. Cleaners;
v. Coin dealers;
w. Computers, hardware and software sales and service;
x. Confectionary and ice cream stores;
y. Convenience stores and markets, including those which
sell gasoline, provided gasoline pumps shall not be
located within two hundred fifty ( 250) feet of any
residential property line;
z. Dance and music studios;
aa. Day nurseries, kindergartens and day care;
ab. Drug and sundry stores;
ac. Employment agencies;
ad. Financial institutions, banks, savings and loan;
ae. Florist and gift shops;
af. Full and self service gas stations (major oil
companies) , including those providing mechanical
repair service, car washes and convenience stores,
provided these are located adjacent to State Road 434
and no gasoline tanks are located within two hundred
fifty ( 250) feet of any residential property line;
1
C/BJM
6786062PCU
07/30/90 . 1
� � ag. Furniture, retail;
ah. Grocers, retail; those whose business include and are
limited to the retail sale of groceries including
produce, meats and household goods, but shall not
include the sale of gasoline;
ai . Hardware stores;
aj . Health food;
ak. Hobby and craft shops;
al. Hospitals and nursing homes;
am. Ice, retail, when associated with another permitted ,:,,,�,
use; cl::
� «
an. Insurance; r�i .w! K���
�:'=�.
ao. Interior decorating and draperies; �;. -�
ap. Jewelry stores; ` ' .
aq. Libraries; ''' „
ar . Loan companies; i��� ��::.°:b
as. Locksmi ths; "� •y��- -r�
at . Luggage shops; r� '����
-,.,� f;-
�:,
au. Medical clinics and laboratories; "rt"""r
av. Outdoor advertising signs sales offices;
aw. Paint store;
ax. Parking garages when associated with another permitted
use;
ay. Pets shops and grooming;
az. Photographic studios;
ba. Physical fitness and health clubs;
bb. Post office;
bc. Private clubs and lodges;
bd. Quick printers;
be. Radio and TV broadcasting studios, excluding towers;
bf. Radio, TV, video and stereo sales and service;
bg. Rental shops;
bh. Regulated professions, offices and professions
licensed and regulated by the department of
professional regulation pursuant to F.S. Ch. 455 and
F. S. �20.80, as now existing or as hereafter amended;
bi . Restaurants;
bj . Schools, public, private and parochial, service
vocational schools ( such as cosmetology, medical and
dental assistant ' s training) requiring no mechanical
equipment;
bk . Shoe repair shops;
bl. Skating rinks, provided either ( i} no building may be
located nearer than two hundred fifty ( 250) feet from
any residential property line or ( ii ) the proposed
developer shall provide reasonable evidence that noise
emanating from inside such building cannot be heard
from residential property within the Tuscawilla PUD;
bm. Sporting goods, retail, such as Sports Unlimited,
Sports Authority, Oshman ' s, Robby ' s and specialty
sporting goods stores;
bn. Swimming pools; sales, service and supplies and
2
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6786062PCU
07/30/90 .1
� ' contractors associated therewith;
bo. Taxidermists;
. • bp. Telephone business office and exchanges;
bq. Theaters, not drive-ins;
br . Title companies;
bs. Tobacco shops; ;,.,,��.
bt. Toy stores; � ��>
« ��
bu. Travel agencies; �,7 -�, ��..,
bv. Wearing apparel stores; -= -�.,,
bw. Hairstylist, barber shops, beauty shops; ��� ,
bx. Musical instruments, sales and service; ;,�; ;�.,
by. Record stores, music stores; • -•
bz . Optical services and sales ; r"' -•r�'- T.��',`
,�.�,..,;.
ca. Camera shops, Photographic stores, Photo developers; `°-� ��
cb. Party supplies and services;
�-,...,� r���
cc. Doctors, Dentists;
cd. Department stores and clothing stores, such as
Burdines, Iveys, Jordan Marsh, Ross, Marshalls,
K-Mart, Wal-Mart, Target, Service Merchandise;
ce. Fast food restaurants, including drive-through
services;
cf. Specialty groceries and foods, such as Petty ' s,
Barney' s, delicatessens;
cg. Office buildings and office parks, general;
ch. New car dealerships and customary associated services;
ci . Tire stores and services customarily associated
therewith, such as Firestone, Goodyear , Allied
Discount Tires, Sears, K-Mart;
cj . Automotive services, specialized such as oil change
and tune up centers;
ck. Boat sales and services (new) , including customarily
associated services;
cl. Retail sales : Building and Plumbing supplies,
including those associated with hardware stores, such
as Tru-Value, Ace, Scotty' s, Handy Dan' s, Builders
Square, Home Depot, etc. ;
cm. Cabinet sales, retail;
cn. Cold storage and frozen food lockers when used in
conjunction with a primary use such as grocery,
restaurant and similar uses;
co. Manufacturing and assembly of scientific and optical
precision instruments;
cp. New recreational vehicle dealerships and customarily
associated services uses;
cq. Roofing, retail sales, when associated with another
permitted use;
cr . Mini-Warehouses and storage;
3
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6786062PCU
07/30/90.1
� " " cs. Pest control and exterminating services, offices, no
chemical storage;
. � ' ct. Nursery products and supplies, plants, trees and
associated uses, including stores such as Frank ' s
Nursery, White Rose, etc. , not including manufacturing
and wholesale distribution of bulk materials;
cu. Home improvement stores such as Scotty' s, Builder ' s
Square, Home Depot; and
cv. Video stores, sales and rentals .
2 . The parties agree that intended uses hereunder include those
normally associated with retail commercial areas and
shopping centers. It is the intent of the parties that this
list is not all inclusive of permitted Commercial uses,
provided that additional Commercial uses shall be subject to
the approval of the City Commission. The uses hereunder may
be free-standing or part of an attached shopping center .
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Attachment " B "
COMMISSION AGENDA
Informational
Consent
ITEM 600 Public Hearin s
g
Regular X
Apri127, 2015 KS
Regular Meeting City Manager Department
REQUEST:
The City Manager and City Attorney request the City Commission to consider the
completion status of the unconstructed Phase II office building at the Vistawilla Office
Center located along State Road 434, and to consider a proposal from the property owner to
modify the terms and conditions of the Fifth Modification of Developer's Agreement.
SYNOPSIS:
In 2007, the City provided a $200,000 economic development grant to the University of
Central Florida in order to bring the expansion of the UCF business incubator program to
the Vistawilla Office Center located on SR 434 in Winter Springs. In conjunction with that
grant, Vistawilla Office Center, LLC and the City entered into an agreement under which
Vistawilla Office Center, LLC agreed to complete construction of a second, phase II office
building by October 29, 2009. However, during the recent recession, that deadline was
extended by law to October 29, 2011 as a result of an amendment to the Florida Statutes
(Senate Bill 360) which extended all development permit deadlines in order to afford
developer's more time to complete previously permitted projects. Under the agreement,
Vistawilla Office Center, LLC agreed to pay the City up to $200,000 if the Phase II building
was not completed as scheduled. Although the City Commission approved final engineering
for the Phase II office building, the building has not been constructed apparently due to
economic conditions. In accordance with the terms of the agreement, the $200,000 is now
due to be paid to the City from the property owner. On April 13, 2015, the City Manager
received a memorandum from the property owner's attorney requesting that the City
Commission consider an amendment to the payment terms in order to fully settle the
amount owned under the agreement. The City Commission should consider the proposal
and provide direction to the City Manager.
Regular 600 PAGE 1 OF 5-April 27,2015
CONSIDERATIONS:
1. The City Manager and City Attorney request that the City Commission consider a written
proposal submitted by the owner of the Vistawilla Office Center to settle the $200,000
payment that is now owed the City as a result of the property owner's failure to abide by the
development schedule for constructing the second Phase II office building, as required by
the Fifth Modification of Developer's Agreement, dated October 29, 2007 and recorded in
ORB 6858, Page 1286 (November 2, 2007). It is also requested that the City Commission
provide direction regarding the proposal.
2. A brief summary of the history surrounding the terms and conditions of the $200,000
payment is important to put this matter in proper context. In the summer of 2007, the late
Tom Corkery, one of the managers of Vistawilla Office Center, LLC, approached the City
about the possibility of bringing an expansion of the UCF Business Incubator Program to
the Vistawilla Office Center located on State Road 434 in the City of Winter Springs.
3. Ultimately, the City and Seminole County were successful in bringing the business
incubator to the City and the City Commission approved an Economic Development Grant
Agreement with the University of Central Florida, dated November 27, 2007. Seminole
County also provided a grant.
4. Under the Economic Development Grant Agreement, the City agreed to pay $200,000 to
UCF. UCF agreed to locate and operate a business incubator program within the City of
Winter Springs in a minimum of 10,000 square feet of office space at the Vistawilla Office
Center on State Road 434 for a period of least three years.
5. In conjunction with the City's commitment to UCF under the Economic Development
Grant Agreement, Vistawilla Office Center, LLC and the City entered into the Fifth
Modification of Developer's Agreement, dated October 29, 2007. Under the Fifth
Modification, Vistawilla Office Center, LLC agreed to apply for and obtain building
permits for the construction of the Phase II office building within six (6) months of the
effective date of the Fifth Modification. Vistawilla also agreed to complete construction and
obtain a certificate of occupancy for the Phase II office building (excluding tenant
improvements) within two (2) calendar years from the effective date of the Fifth
Modification ("Completion Date"). The Completion Date was scheduled to be October 29,
2009.
6. On September 7, 2006, Final engineering for the Phase II office building was approved
by the City Commission. However, economic conditions apparently had a negative impact
on the feasibility of constructing the Phase II building. As a result, the construction of the
building was indefinitely delayed until economic conditions improved. Consequently,
Vistawilla Office Center, LLC. failed to complete the construction of the Phase II office
building by the scheduled deadline of October 29, 2009.
7. On December 22, 2009, the engineer of record (David Schmitt Engineering, Inc.) for the
Phase II Building formally requested a two year extension of time under Senate Bill 360,
which went into effect June 1, 2009. In general, SB 360 required, by legislative fiat,
municipalities to extend and renew for two (2) years any previously issued and active
permits or other development order that had an expiration date between September 1, 2008
and January 1, 2012. The law also required that all requests for an extension be submitted
no later than December 31, 2009. Mr. Schmitt's request was timely filed with the City and
therefore, the Completion Date deadline was extended until October 29, 2011 by operation
Regular 600 PAGE 2 OF 5-April 27,2015
of law.
8. Paragraph 2.3 of the Fifth Modification provides that if Vistawilla Office Center, LLC
fails to complete construction and obtain the certificate of occupancy for the Phase II office
building by the Completion Date, Vistawilla Office Center, LLC will pay to the City
$50,000, and $50,000 every year thereafter that the Phase II building has not been
completed, up to a cumulative total of$200,000.
9. No payments have been received by the City to-date. As such, the full $200,000 is now
owed pursuant to the Fifth Modification.
10. In order to determine whether there are other financial encumbrances and mortgages
recorded against the subject property, the City Attorney's Office had a Title Report
prepared regarding the subject property. The Title Report indicates that the subject property
is encumbered by the following mortgages and security agreements as follows:
A Mortgage and Security Agreement in favor of Florida Capital Bank, N.A., a
national banking association, recorded January 19, 2012 in Official Records
Book 7699, Page 1239.
B. Mortgage and Security Agreement in favor of Florida Capital Bank, N.A., a
national banking association, recorded October 31, 2005 Official Records Book
5973,Page 924; Collateral Assignment of Leases, Rents and Profits recorded
October 31, 2005 Official Records Book 5973, Page 944; modified by
Certificate of Future Advance and Mortgage and Loan Modifications and
Extension Agreements recorded in Official Records Book 6325, Page 1662 and
Official Records Book 6610, Page 1041; Certificate of Future Advance
recorded in Official Records Book 6610, Page 1048; Certificate of Future
Advance and Mortgage and Loan Modification and Extension Agreement
recorded in Official Records Book 6993, Page 789; Mortgage and Loan
Modification and Extension Agreement recorded June 10,2013 in Official
Records Book 7186, Page 369; Mortgage and Loan Modifications and
Extension Agreements recorded June 10,2013 in Official Records Book 7345,
Page 1138 and Official Records Book 7699, Page 1232; Property Added by the
Mortgage and Loan Modification and Extension Agreement recorded June
10,2013 in Official Records Book 8054, Page 1576; and further modified by the
Mortgage and Loan Modification and Extension Agreement recorded December
16,2013 in Official Records Book8180 Page 344.
It appears that the aforesaid mortgages were given as security for two promissory notes: (i)
That certain promissory note, dated January 19, 2012, in favor of Florida Capital Bank,
N.A., in the original amount of $1,133,039.37; and (ii) that certain promissory note, dated
April 24, 2008, in favor of Florida Capital, N.A., in the original principal amount of
$6,840,000.00. The Fifth Modification was recorded on November 2, 2007, which is after
the Mortgage and Security Agreement which was recorded on October 31, 2005.
11. The property owner's intentions for the subject property have now apparently changed.
The property owner has advised the City that they desire a lot spit of the subject property
into two separate lots. One lot would consist of the existing Vistawilla Office Building site
and the other lot would consist of the vacant area located to the east of the building site and
west of the Black Hammock Trail Head. The Phase II office building was intended to be
Regular 600 PAGE 3 OF 5-April 27,2015
constructed upon this vacant area. The property owner has also advised that they desire to
sell the vacant lot to another developer who has interest in developing an adult living
facility if the requisite permits can be obtained. [THE CITY COMMISSION IS NOT
BEING ASKED TO CONSIDER OR APPROVE THE LOT SPLIT OR THE ADULT
LIVING FACILITY PROPOSAL AT THIS TIME].
12. The Fifth Modification encumbers the entire property including the vacant area. In
furtherance of its desire to split the property into two lots and sell the vacant area free and
clear of the obligations set forth in the Fifth Modification (and possibly to refinance the
remaining Vistawilla Office property), the property owner submitted a written proposal with
the intention of modifying the terms and conditions of the Fifth Modification for purposes
of resolving any issues related to the Fifth Modification. The proposal, dated April 13,
2015, is attached to this Agenda Item (Proposal from David McLeod, dated April 13, 2015)
("Proposal').
13. This Agenda Item requests that the City Commission consider the Proposal and provide
direction as to whether the City Commission will agree to any changes to the original terms
and conditions of the Fifth Modification.
FISCAL IMPACT:
If construction of the Phase II office building occurred as originally planned and permitted,
it would have had a positive impact on the City's commercial tax base. That positive tax
impact was intended to off-set the City's economic development grant to the UCF for the
business incubator program. However, it does not appear that the Phase II building will be
constructed.
Vistawilla Office Building, LLC now has a contractual obligation to pay the City up to
$200,000. That obligation encumbers the entire property and is memorialized in the Fifth
Modification of Developer's Agreement which is recorded in Seminole County ORB 6858,
Pgs 1286-1289.
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.
A copy of this agenda item was provided to the Vistawilla Office Center, LLC, David
McLeod, prior to the meeting.
Regular 600 PAGE 4 OF 5-April 27,2015
The City Manager and City Attorney recommend that the City Commission consider the
Proposal and provide direction as to whether the City Commission will agree to any
changes to the original terms and conditions of the Fifth Modification.
ATTACHMENTS:
1. Fifth Modification of Developer's Agreement
2. Proposal from David McLeod, dated April 13, 2015.
Regular 600 PAGE 5 OF 5-April 27,2015
� Attachment "1"
� I IIIf ll lli ll 111111111111111111lI IfI111N 11111I1 Nl l�l�l llil
� Mi�HYANN� MUf�a'E� CLERK � CIHCUIT CUUR7
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CLERK' S # 20U7155599
REf:()RDED 11/4?/2Q07 O1t57:15 PM
R�CUHDING F�F$ 3`0.5(►
THIS INSTRUMENT WAS PREPARED BY R�CqHU�b BY L McKinley
AND SHOULD BE RETURNED TO:
Anthony G arganese -
City Attomey of Winter Springs
Bro�vn,Garganese,Weiss&D'Agresta,P.A.
�55 E.Robinson St.,Suite 660
Orlando,FL 328(11
(407)425-9566
FOR RECORDING DEPARTME1vT USE ONLY
FIFTH MODIFICATION OF DEVELOPER'S AGREEMENT
THIS FIFTH MODIFICATION OF DEVELOPER'S AGREEMENT (the "Agreement") is
made and executed this �day of October, 2007, by and between the CITY OF WINTER
SPRINGS, a Florida Municipal Corporation(the "City"), whose address is 1126 East S.R. 434, Winter
Springs, Florida 32708, and VISTAWILLA OFFICE CENTER, LLC, a Florida limited liability
company ("Vistawilla"), whose address is 1491 East S.R. 434, Unit 103, Winter Springs, Florida
32708.
WITNESSETH:
WIiEREAS, Robert Yeager, Trustee ("Yeager") and the City previously entered into a
binding Developer's Ab eement dated April 13, 1998 and recorded May 13, 1998 in Official Records
Book 3424, Page 0611, of the Public Records of Seminole County, Florida (the "Original Developer's
Agreement"), relating to certain real property located in Seminole County, Florida and more
particularly described therein(the "Property"); and
WHEREAS, Vistawilla purchased the Property from Yeager and is the current fee simple
owner of the Property; and
WHEREAS, Vistawilla and the City previously amended the Original Developer's Agreement
pursuant to that certain First Modification of Developer's Agreement dated February 27, 2006 and
recorded March 8, 2006 in Official Records Book 6151, Page 42 (the "First Modification"), and that
certain Second Modification of Developer's Agreement dated June 12, 2006 and recorded June 27,
2006 in Official Records Book 6304, Page 36 (the "Second Modification"), and that certain Third
Modification of Developer's Agreement dated December 18, 2006 and recorded January 19, 2007, in
Official Records Book 6561, Page 0610 (the "Third Modification"), and that certain Fourth
Modification of Developer's Agreement dated March 27, 2007 and recorded April 4, 2007, in Official
Records Book 6656, Page 0823 (the "Fourth Modification"), all of the Public Records of Seminole
County, Florida (the Original Developer's Agreement, the First Modification, the Second
Modification, the Third Modification, and the Fourth Modification are hereinafter collectively referred
to as the "Developer's Agreement");and
fifth Modification;o Developers A;reemenr
Ciq�of Wincer Springs and Vista���ilia Office Center:LLC
-�-
WHEREAS, parties acknowledge that the University of Central Florida desires to create a
business incubator program within the City of Winter Springs; and
WHEREAS, in furtherance of this desire, the University of Central Florida is seeking to lease
office space (approximately 10,000 square feet)within the City of Winter Springs; and
WHEREAS, Vistawilla has offered to lease space in the Vistawilla Office Building located on
State Road 434 to the University of Central Florida for the business incubator program; and
WHEREAS, in order to provide an economic incentive for the University of Central Florida to
locate in the City of Winter Springs, the City Commission of Winter Springs approved, by separate
agreement with the University of Central Florida, an economic incentive grant for purposes of paying
for the upfront build out costs associated with establishing the new facility at the Vistawilla Office
Building; and
WHEREAS, as consideration for issuing the grant to the University of Central Florida,
Vistawilla agreed and committed to commencing and completing construction of the Phase II office
building on the subject property under the terms and conditions set forth herein; and
WHEREAS, Vistawilla and the City have agreed to amend the Developer's Agreement in
oi•der to memorialize this agreement and binding commitment relative to the Phase II office building.
NOW THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties mutually agree to amend the Developer's Agreement as follows:
1.0 Recitals� Capitalized Terms. The recitals set forth above are true and correct and are
incorporated herein by this reference. Unless otherwise set forth herein, all capitalized terms utilized
herein shall have the same meaning as set forth in the Developer's Agreement.
2.0 Phase II Development Schedule.
2.1 Vistawilla agrees to apply and obtain building permits for the construction of the Phase
II office building within six (6) months of the effective date of this Fifth Modification. The City will
not unreasonably delay or withhold said permits.
2,2 Vistawilla agrees to complete construction and obtain a certificate of occupancy for the
Phase II office building (excluding tenant improvements) within two (2) calendar years from the
effective date of this Fifth Modification("Completion Date").
2.3 In the event that Vistawilla fails to complete construction and obtain the certificate of
occupancy for the Phase II office building by the Completion Date, Vistawilla shall pay to the City
Fifty Thousand and No/100 Dollars ($50,000.00). Thereafter, for every year after the Completion
Date that the Phase II office building has not been completed and obtained the aforesaid certificate of
occupancy, Vistawilla shall pay to the City an additional Fifty Thousand and No/100 Dollars
($50,000.00); provided however, the total payments under this section shall not exceed a cumulative
total of Two Hundred Thousand and No/100 Dollars ($200,000.00). Any payments required under
this section 2.3 shall be delivered to the City within three (3)business days after the date requiring the
payment.
Fifth Modification to Developer's Agreement
City of Winter Springs and Vistawilla OFfice Center,LLC
_�.
3.0 Affect of Amendment. All other terms and conditions of the Developer's Agreement,
not in conflict with this Amendment, shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seal on the date first
above written.
CITY TER SPRINGS
� � r �
By:
John F. Bush, M yor
ATTEST:� �
�3y: l � .
�
Lorenzo-Luaces, City Clerk
- � ������'��, APPROVED AS TO FORM AND LEGALITY
- 35 '��� ''� For the use and reliance of the City of Winter Springs,
� `� .,, �.
�f: �� p�`' � • �-��', Florida only.
� ,� i���e ''•.
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� o :� Cs�TY SEA�3� • �.- Date: �� a} � �
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,r,��•. �?�' •';;� Anthony Garganese, City Attorney for the
,,���:�Q � ��:�: _ City of Winter Springs, Florida
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STATE OF FLORIDA
COUNTY OF SEMINOLE
Personally appeared before me, the undersigned authority, John F. Bush and Andrea
Lorenzo-Luaces, well known to me to be the Mayor and City Clerk respectively, of the City of
Winter Springs, Florida, and acknowledged before me that they executed the foregoing
instrumer_t on behalf of the City of Winter Sprin�s, as its true act and deed, and th�.t they were
duly authorized to do so.
Witness my hand and official seal this��� day of C.��4-�� , 2�07.
OTARY SEAL %��
� ) � �� }'� �.
a . Public .�
` _�j�•�,, Nolary Public Sfale ol Florida My commission expires: �� i�
' �� ; Andrea�orenzo-Luaces
� 4�,� � ` My Commission DD664334 �
�,__, °��� Ex ires 05/09/2011
FiRh Modifcation to Developer's Agreement
City of Winter Sprines and Vista«�Ila Office Center,LLC
-3-
Signed, sealed and delivered in the VISTAWILLA OFFICE CENTER,LLC, a
presence of the following witnesses: Florida limited liability company
�— -�— ���
i' BY�
Signaturo of Wimess Thomas J. C r ery, President
,Sc c 1— .,S"I l'�S
Printed Name of Wim s
� Date: I �" � � `" D�
5i a re f s � -
i
Printed Name ime
STATE OF Orl G�
COUNTY OF �'
The foregoing instrument was aclmowledged before me this v�t��y of�_�2007,
by Thomas J. Corkery, as President of VISTAWILLA OFFICE CENTER, LLC, a Florida limited
liability company, on behalf of said company. He is personally lrnown to me or produced
as identification. .
(NOTARY SEAL)
(Nota. blic ture) / . l �
L.W
(Print Name) �
�............................................� `�
KATHRYN L.WHITE Notary Public, State of l.J� i
„�.r':"�� �^�^�o��°, Commission No.: � D3S��' �
:� `�� �re•en�aooa �
3 �����,� s�,o�o,►,�„�aoo�au,zsa; My Commission Expires: rl —c��
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Sn.....n�.u..��n....onG�.�i.u....•....i
Fifth Moditication to Developer's A�reement
Ciry oCNinter Sprines and Vista���illa Officc Ccntcr,LI.0
-4-
Attachment "2"
TARA L. TEDROW
tara.tedrow@lowndes-law.com
215 North Eola Drive, Orlando, Florida 32801
T: (407) 418-6361 � F 407-843-4444
�
III MERITAS LAW FIRMS WORLDWIDE
MEMORANDUM
TO: Kevin Smith and Anthony Garganese, Esq.
FROM: David McLeod
Tara L. Tedrow, Esq.
DATE: April 13, 2015
RE: Vistawilla Office Center: Lot Split Application submitted on October 10, 2014
(the "Application") and Resolution of Payments under that certain Developer's
Agreement dated April 13, 1998, in Official Records Book 3424, Page 0611, of
the Public Records of Seminole County, Florida, as amended (the "DA") in
connection with the property located at 1511 E. SR 434, Winter Springs, FL (the
"Property")
L BACKGROUND
David McLeod, Managing Partner of Vistawilla Office Center, LLC ("Vistawilla"), owns the
above referenced Property which is home to the UCF Business Incubator (the "Incubator"). Located in
one of CNN Money magazine's `Best Places to Live," this mixed-use incubator serves a wide variety of
startup companies in the greater northeast Orlando area.i The Incubator was established in 2008, as a
partnership between the University of Central Florida, City of Winter Springs, Seminole County and the
Florida High Tech Corridor Council.� The Incubator occupies 10,800 rentable square feet in the
Vistawilla Office Center building (the "Office Center") located on the Property featuring state of the art
Class A office space with flexible leases, conference rooms, a spacious training room, and shared office
equipment, kitchen and reception area.3
When the Incubator was first considered being developed in Winter Springs, the economy was
booming due to major growth in the services sector, including information technology and professional,
scientific and technical services. Under an amendment to the DA in 2007 (the "Fifth Amendment"),
Thomas Corkery, the now deceased former partner of Vistawilla promised payment of $200,000.00 to
the City of Winter Springs (the "City") or construction of a second building on the Property as an
1 University of Central Florida Business Incubation Yrogram (March 2015), https://www.incubator.uc£edu/business-development-locations/10/winter-
springs.
�Id.
3 Id.
0082037\119619\1811459\2
April 13, 2015
Page 2
incentive for the Incubator to locate in the City. Mr. Corkery's unilateral decision to obligate such
payment was not made with the consent of Mr. McLeod.
Despite the economic downfall associated with the Great Recession in 2007, Vistawilla went
forth with obtaining permits for the construction of the promised second building. However, as the
economy slowed in 2008, market reports indicated that another Class A office space wouldn't be
economically viable in the City. Mr. McLeod took over as Managing Partner in 2008 in an attempt to
rectify the financial problems Vistawilla was facing. Unfortunately, the Great Recession caused several
of Vistawilla's partners to discontinue financial contributions to the company, leaving Mr. McLeod and
one other partner, Mr. Alan Ytterberg, to bear the entirety of costs associated with the Property. Despite
Mr. McLeod's efforts, the market continued to crash, leading to permit expiration dates being extended
by order of the Governor in 2009. However, such building permits for construction of the second
building were never utilized by Vistawilla due to the continuing economic decline.
Per the terms of the Fifth Amendment, Mr. Corkery obligated Vistawilla to pay the City a total
of$200,000.00 by October 2014 (the `Balance"). Though the Balance has not been directly repaid, Mr.
McLeod has personally paid an estimated $779,545.00 toward maintaining the Property to date.
Between Mr. McLeod and his sole remaining business partner, the two have spent an estimated
$1,569,377.00 on the Property. The breakdown of associated costs is attached hereto as Exhibit "A".
Included in the over $1.5 million spent to date by the current Vistawilla owners are the build-out costs to
six of the occupied suites, totaling approximately $230,000.00. Moreover, Mr. McLeod's personal
financial contributions also include $4,985.00 toward the following furniture for tenants of the Office
Center: a conference table, conference room chairs, side office chairs, guest chairs, a secretary chair and
formica table. The personal contributions toward build-out costs and furniture for tenants ensured such
tenants would not only lease space at the Office Center, but would remain tenants and continue to bring
business and tax dollars to the City.
Mr. McLeod's efforts to keep the Office Center economically viable have also entailed the
voluntary reduction of rental amounts for tenants, including the Incubator, as set forth on Exhibit "B".
Such rental reductions under the terms of the respective leases total over $244,000.00, which amount
represents a significant loss in potential rental income to Vistawilla.
In addition to the personal financial costs incurred by Mr. McLeod, the City and County have
received tax and impact fee benefits in the approximate amount of$900,000.00.
Though the second building hasn't been erected, the Incubator is the number one of its kind in
the area and serves as an economic catalyst for driving market growth to the City. Moreover, the
graduates of the Incubator have the potential to bring their companies with high tech jobs to the City and
provide additional tax and impact fee payments to the City. Vistawilla has actively been encouraging
such graduates to stay in the Office Center by providing special rental rates and absorbing much of the
build-out expenses on their behalf.
0082037\119619\1811459�2
April 13, 2015
Page 3
Currently, the Office Center has an occupancy rate of 58% (the highest occupancy to date was
85%, but has declined due to economic downturn). Vistawilla is presently under contract to sell a
portion of the Property to a potential buyer (the "Sale"); however, such Sale is dependent on the
completion of a lot split. The Application for the lot split has been denied pending resolution of the
matters related to the Fifth Amendment. The lot split and subsequent Sale are critical for the Property to
remain economically viable and present the only chance for a second building to the built on the
Property. Without the Sale, the other portion of the Property will remain undeveloped and will provide
no opportunity for generating news jobs and additional tax and impact fee revenue to the City.
IL PROPOSED RESOLUTION
In order to resolve any issues related to the Fifth Amendment, the following are the proposed in
lieu of direct repayment of the total Balance:
A. Payment of the interest owed on the Balance for the period from October 2014 to the
closing date of the Sale of the Property, calculated at the WSJ Prime Rate + 1. If the
Property closes at the anticipated date of August 31, 2015, the amount of interest paid to
the City from the closing proceeds would equal an estimated $7,791.67.
B. Payment of$50,000.00 to the City from the closing proceeds of the Sale.
C. Continuation of efforts to bring in tenants to the Office Center based on the City's
targeted industries, including IT, financial, simulation, medical and other professional
services.
D. Rental reductions under existing tenant leases in the Office Center, as well as a one-year
minimum $2.00 per square foot rental reduction for any new potential tenants.
E. One year extension (to October 2015) on payment by Vistawilla to the City of any
amounts noted in A and B above.
In consideration of(i) the over $1.8 million spent by Vistawilla for build-out, rental reductions,
and furniture, (ii) the additional impact fee and tax base potential stemming from the Sale, (iii) the
payment of interest owed, (iv) the direct payment of$50,000.00 to the City, and (v) the other incentives
provided by Vistawilla for existing and potential tenants, the completion of the conditions in A-E above
shall satisfy the repayment of the Balance.
We appreciate the City's time and consideration in developing a reasonable and fair solution
considering the circumstances surrounding the nearly decade-long development and maintenance of the
Office Center and Property.
TLT/TLT
0082037\119619\1811459�2
April 13, 2015
Page 4
EXHIBIT "A"
PAYMENTS FOR THE PROPERTY
YEAR YTTERBERG MCLEOD
2008 $170,000.00 $134,728.00
2009 $459,832.00 $444,832.00
2010 $0.00 $0.00
2011 $0.00 $0.00
2012 $25,000.00 $25,000.00
2013 $25,000.00 $25,000.00
2014 $90,000.00 $125,000.00
2015 $20,000.00 $20,000.00
Furniture Contributions $0.00 $4,985.00.00
Subtotal $789,832 $779,545
Total: $1,569,377*
*BUILD-OUT COSTS
SUITE COST
1005 $23,203.00
1009 $23,110.00
1017 $15,119.00
3049 $99,469.00
3 017 $27,976.00
3033 $40,992.00
Total: $229,869.00
0082037\119619\1811459�2
April 13, 2015
Page 5
EXHIBIT `B"
RENTAL REDUCTIONS
SUITE RENTABLE REDUCTION PER TOTAL TOTAL
SQUARE SQUARE FOOT ANNUAL REDUCTION
FOOTAGE REDUCTION OVER TERM
OF LEASE
1005 2702 $3.00 $8,106.00 $40,530.00
1009 2256 $2.50 $5,640.00 $39,480.00
3049 1879 $2.00 $3,758.00 $18,790.00
3033 2486 $2.00 $4,972.00 $24,860.00
3009-3017 6911 $3.50 $24,188.50 $120,942.50
Total $46,664.50 $244,602.50
0082037\119619\1811459�2
C1TY OF W INTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-APRIL 27,2015 PAGE 9 OF 14
VOTE:
DEPUTY MAYOR KREBS: AYE
COMMISSIONER CANNON: AYE
COMMISSIONER RESNICK: AYE
COMMISSIONER HOVEY: AYE
COMMISSIONER CARROLL: AYE
MOTION CARRIED.
REGULAR AGENDA
REGULAR
600. Office of the City Manager and Office of the CityAttorney
REQUEST:
The City Manager and City Attorney request the City Commission to consider the completion status of the
unconstructed Phase II office building at the Vistawilla Office Center located along State Road 434, and to
consider a proposal from the property owner to modify the terms and conditions of the Fifth Modification
of Developer's Agreement.
FISCAL IMPACT:
If construction of the Phase II of�ce building occurred as originally planned and permitted, it would have
had a positive impact on the City's commercial tax base. That positive tax impact was intended to off-set
the City's economic development grant to the UCF for the business incubator program. However, it does
not appear that the Phase II building will be constructed.
Vistawilla Office Building, LLC now has a contractual obligation to p$y the City up to $200,000. That
obligation encumbers the entire property and is memorialized in the Fifth Modification of Developer's
Agreement which is recorded in Seminole County ORB 6858,Pgs 1286-1289.
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 ltem information, Homeowner's
AssociaHons/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.
A copy of this agenda item was provided to the Vistawilla Office Center,LLC,David McLeod, prior to the
meeting.
CITY OF WINTER SPRINGS,FLORIDA MINUTES C1TY COMMISSION REGULAR MEETING—APR1L 27,2015 PAGE 10 OF 14
RECOMMENDATION:
The City Manager and City Attorney recommend that the City Commission consider the Proposal and
provide direction as to whether the CiTy Commission will agree to any changes to the original terms and
conditions of the Fifth Modification.
City Attorney Anthony A. Garganese began the discussion on this A�enda Item with an overview of some of the
related dates and occurrences.
Mr. David McLeod, 645 Dunmar Circle, Winter Springs, Florida: introduced himself and his Attorney.
Ms. Tara L. Tedrow, Esquire, Lowndes, Drosdick, Doster, Kantor& Reed, P.A., 21 S North Eola Drive, Orlando,
Florida: as Mr. McLeod's Attorney, Ms. Tedrow addressed the City Commission, and reviewed some slides
related to various aspects related to Mr. McLeod's ownership in the Vistawilla property.
Tape 1/Side B
Ms.Tedrow continued with comments including the proposal they have suggested to the City.
Comments followed on the two hundred thousand dollars (200,000.00) payment, Mr. Tom Corkery, and the
University of Central Florida(UCF)Business Incubator.
Mr. McLeod addressed previous remarks made during Public Input and spoke of his years of service to the City
and doing the right thing.
Much discussion followed on people affiliated with Vistawilla LLC., payments related to the two hundred
thousand dollars ($200,000.00), proposed payments, Economic Development, precedents, the economic Grant, a
potential sale which could be a larger building than the second proposed Vistawilla Center building and that could
bring in more revenues, relief decisions, a past economic downturn, sale of the other property, paying the City
back the two hundred thousand dollars ($200,000.00), Liens and outstanding obligations, former Commissioners,
that Seminole County did not want to invest in the Incubator unless Winter Springs did, what the City has paid
into the University of Central Florida(UCF)Business Incubator,and the City being"business friendly".
Remarks continued on the University of Central Florida(UCF)Business Incubator, Class A Office space, some of
the efforts Mr. McLeod has made to keep and nurture clients, Economic Development, occupancy, that Mr.
McLeod has kept the building well maintained, another potential Assisted Living Facility (ALF) and the demand
for such Assisted Living Facilities(ALF's).
Further comments.
Tape 2/Side A
Discussion continued on a possible sale, waiting until more is known about the details of a potential sale, and Mr.
McLeod spoke on some of the aspects related to a pending contract.
Regarding any possible refinancing considerations, Mr. McLeod stated, "The building is under one Note,the lot is
under a second."
CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-APRIL 27,2015 PAGE 11 OF 14
Ms. Tedrow then said, "The reason that we're here today is because we can't move forward with anything but for
a Lot Split to sell off that parcel,whether it's to the current buyer under this contract or a future buyer."
Commissioner Cannon spoke of his concern with not knowing what the lot would sell for, what developments
might be built, what Fees are expected, and protecting the City's financial interests. Commissioner Cannon then
remarked, "If we were to do a Lot Split Anthony(Garganese), as requested and 1 understand - it makes sense that
they need to be able to carve it out and sell it and so forth. If we do that, can we do it in a way to protect the
City's interests, in terms of the monies that are owed us?"
Attorney Garganese noted, "Conceivably the City Commission could move forward with a Lot Split but the
binding agreement is still running against the land, and as I mentioned earlier, there are two (2) material
obligations. One (1) is the 5�' Modification requires a Phase II office building to be built on the vacant portion
and the two hundred thousand dollar ($200,000.00) commitment runs on all of the property. If the Commission
was inclined to move forward with a Lot Split — that's the Commission's prerogative; but as the Manager
mentioned, we have this issue with this binding Development Agreement where there have already been
development approvals running with the land."
Commissioner Cannon inquired, "If we did a lot split - this was the 5�` Modification to the Development
Agreement, would the prior obligations of the prior versions of the Development Agreement, would they continue
in place, as to the new lot that is split out?" Attorney Garganese noted, "The whole Agreement would apply to
the vacant portion as well as the Vistawilla portion with the existing building."
Mr. McLeod suggested, "You could tie your present—to the present Tax ID number, which is the Tax ID number
that is on the office building. The new split will have a different Tax ID number, okay. It could be written up so
the Lot Split itself would then fund at the closing `x' dollars back to the City, whether it's the fifty [thousand
dollars] ($50,000.00)we proposed or the seventy-five [thousand dollars] ($75,000.00)."
Deputy Mayor Krebs mentioned a previous Police Department satellite office that Mr. McLeod assisted with and
asked about the costs and efforts expended for that effort,to which Mr.McLeod addressed this.
Discussion followed on the property in question remaining undeveloped, and the potential buyer's interest. Mr.
McLeod added, "If this is all tied back to the fact of the sale, and upon that closing,we'll put it right in the closing
documents that the City gets disbursement of`x' number of dollars, whatever that may be."
Comments ensued on the proposed lot split, impact fees, risks, traff'ic, taxes, having Staff come back first with
more information,Land Use, and the market.
Attorney Garganese noted, "If the City Commission is going to accept a contingent payment upon the sale of
property then you would need to memorialize that in writing. So, if buyer a fell through, then if there's another
buyer, the same commitment stands and the City gets payment from the sale of the property."
Mayor Lacey mentioned he thought the obligation split both ways would be one hundred eleven thousand dollars
($ll 1,000.00) each.
Remarks followed on possible scenarios and moving forward.
Mr. McLeod stated, "I will stand behind what I say about it— at the present time, I would be willing to take the
seventy-five thousand [dollars] ($75,000.00) contingent upon the sale on property `a', or tenant `a', or sale `a'.
Okay. If sale `a' falls through and we have to go to `b' and `c', I would up that by twenty-five thousand dollars
($25,000.00)to the City. That would then cover monies moving forward from a perspective to cover the City and
I think that would be fair."
CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-APRIL 27,2015 PAGE 12 OF 14
With further comments on potential offers and hardships, Mr. McLeod then noted, "Seventy-five thousand
[dollars] ($75,000.00) with the present purchaser, a hundred thousand [dollars] ($100,000.00) if we have to look
for other purchasers."
"I WOULD LIKE TO MAKE A MOTION STATING EXACTLY THAT, TO APPROVE THE
AGREEMENT AS STATED AT SEVENTY-FIVE THOUSAND [DOLLARS] ($75,000.00) - WITH THE
SALE OF THE FIRST BUYER. IF THE FIRST BUYER FALLS THROUGH,THEN IT WOULD MOVE
TO A HUNDRED THOUSAND [DOLLARS] ($100,000.00) WITH THE SALE OF A SECOND OR
THIRD BUYER." MOTION BY COMMISSIONER RESNICK. MAYOR LACEY REMARKED,
"SECONDED BY DEPUTY MAYOR KREBS." DISCUSSION.
MAYOR LACEY INDICATED THE MOTION WAS THAT "WE ENTER INTO AN AGREEMENT TO
ACCEPT THE PROPOSAL AS IT WAS SUBMITTED TO US WITH THE INTEREST NUMBER
GOING AWAY, AND THE NET NUMBER BEING SEVENTY-FIVE THOUSAND DOLLARS
($75,000.00) UNDER THE CURRENT BUYER; AND WITH FURTHER AGREEMENT, SHOULD
TAAT BUYER FALL THROUGH AND A SECOND BUYER EMERGE AFTER THE FACT, THEN
THE NUMBER INCREASES TO ONE HUNDRED THOUSAND [DOLLARS] ($100,000.00)."
MS. TEDROW SAID FOR THE RECORD, "THIS IS NOT THE PROPOSAL WE MADE. THAT'S
FINE AND WE ARE AGREEING TO IT, BUT I DON'T WANT THE TERMS IN THE
MEMORANDUM TO SOMEHOW THEN BECOME TIED INTO WIIAT WE ARE TALKING ABOUT
NOW, BECAUSE THIS IS DIFFERENT THAN WHAT WE ORIGINALLY HAD PROPOSED IN THE
MEMO. SO,WE ARE AGREEING TO HOW YOU JUST SAID IT."
WITH FURTHER COMMENTS, MR. McLEOD MENTIONED, "A CAVEAT THAT SHOULD BE
ALSO TIED WITH THAT, THAT WE CAN APPLY FOR THE LOT SPLIT AT THIS TIME AND GO
THROUGH THE PROCESS WITH YOUR STAFF FOR TI3E LOT SPLIT..." COMMISSIONER
RESNICK REMARKED, ��...WHICH IS WIIAT IS IN YOUR PROPOSAL." COMMISSIONER HOVEY
ADDED,"RIGAT."
MAYOR LACEY POINTED OUT, "AND I DON'T SEE ANYTHING THAT WE ARE SUGGESTING
TONIGHT THAT WOULD INHIBIT YOUR RIGHTS TO DO THAT ANYWAY."
MS. TEDROW SAID, "JUST TO BE CLEAR, THE AGREEMENT IS THE SEVENTY-FIVE
THOUSAND DOLLARS ($75,000.00) AT THE CLOSING WITH THE BUYER THAT WE HAVE
UNDER CONTRACT OR THE FIRST CLOSING THAT WE WOULD HAVE THIS YEAR. IF NOT,
THERE'S TWENTY-FIVE THOUSAND DOLLARS ($25,000.00) ADDED TO THAT AT THE NEXT
BUYER AND THE OTHER TERMS THAT YOU'RE TRYING TO INCORPORATE FROM OUR
ORIGINAL AGREEMENT. WHAT IN ADDITION TO THAT? BECAUSE FOR U5, EVERYTHING
ELSE GOES AWAY AND THIS SEEMS TO BE MOVING FORWARD."
COMNIISSIONER RESNICK NOTED, "YOUR RESOLUTION INCLUDES A LOT SPLIT AS A
REQUEST, `c', `d', AND `e' WERE THE EFFORT5 YOU WERE MAKING, THE RENTAL
REDUCTION REQUESTS,AND THE...
MS. TEDROW STATED, "...IN LIGHT OF THE ADDITIONAL TWENTY-FIVE THOUSAND
[DOLLARS] ($25,000.00) PLEDGED TOWARD A NEXT CLOSING, I DON'T WANT TO SAY THAT
WE CAN CONTINUE TO SUSTAIN ADDING THE SAME THREE-FIFTY PER SQUARE FOOT
REDUCTION FOR FUTURE TENANTS BECAUSE THIS MIGHT MAKE IT PROHIBITIVELY
DIFFICULT FOR US TO BRING THOSE IN, W�IICH IS WIIY I WANT TO JUST SAY WE ARE NOT
GOING WITH OUR—ORIGINAL PROPOSED RESOLUTION.
CTTY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-APRIL 27,2015 PAGE 13 OF 14
THE RESOLUTION WE HAVE TONIGHT IS AS YOU JUST STATED, THOSE THREE (3)PRONGS—
LOT SPLIT, SEVENTY-FIVE THOUSAND [DOLLARS] ($75,000.00) AND THEN THE ADDITIONAL
TWENTY-FIVE THOUSAND [DOLLARS] ($25,000.00) IF THIS FIRST SALE DOESN'T GO
THROUGH."
MAYOR LACEY REMARKED, "I THINK THAT IS AGREEABLE." DEPUTY MAYOR KREB5 AND
COMMISSIONER RESNICK STATED,"YES."
ATTORNEY GARGANESE WAS ASKED FOR HIS THOUGHTS AND NOTED, ��OBVIOUSLY
MEMORIALIZE IT IN WRITING, BUT YES, AS I UNDERSTAND IT, THE LOT SPLIT WOULD GO
FORWARD, NUMBER ONE. AND IT'S REALLY NOT TIED TO THE REVISION, TO THE STx
MODIFICATION AND TAAT REVISION, RATHER TIIAN BEING TIED TO THE BUILDING OF A
SECOND OFFICE BUILDING - THE PAYMENT TO THE CITY IS NOW GOING TO BE TIED TO
THE SALE OF THE FUTURE VACANT STAND-ALONE LOT, CORRECT; AND IT'S SEVENTY-
FIVE THOUSAND [DOLLARS] ($75,000.00)IF THEY SELL THAT SOON TO BE NEW VACANT LOT
TO THE CURRENT CONTRACT BUYER; AND IF THAT CONTRACT BUYER FALLS THROUGH,
THAT PAYMENT NOW WILL RISE TO A HUNDRED THOUSAND DOLLARS (�100,000.00) UPON
SALE TO SOME OTHER PERSON OR ENTITY IN THE FUTURE. CORRECT?" MAYOR LACEY
STATED, ��YES."
CONTINUING, ATTORNEY GARGANESE POINTED OUT, "THE ONLY OUTSTANDING
QUESTION UNDER THE STH MODIFICATION IS THE FACT THAT IT'5 STILL CALLING FOR
THE CONSTRUCTION OF A PHASE II OFFICE BUILDING; AND THERE ARE FINAL
ENGINEERING PLANS WITH RESPECT TO THAT. SO, IS THAT MATERIAL TERM BEING
DELETED..." MAYOR LACEY STATED, "...IT HAS TO, RIGHT COMMISSION?" DEPUTY
MAYOR HItEBS SAID, "YES." COMMISSIONER RESNICK REMARKED, "YES, IT WOULD HAVE
TO." OTHER COMMISSIONERSS NOTED THEIR AGREEMENT.
MAYOR LACEY SUGGESTED, "SO, I THINK INCORPORATED IN THE MOTION IS THAT
HOWEVER YOU ENTER INTO THIS AGREEMENT, INCLUDES A MODIFICATION TO THE ST"
DA(DEVELOPMENT AGREEMENT)." DEPUTY MAYOR KREBS SAID,°`YES,EXACTLY."
WITH FURTHER REMARKS ABOUT WHEN THE SECOND PROPOSED OFFICE BUII,DING
WOULD BE STRICKEN, ATTORNEY GARGANESE NOTED, "IT WOULD BE STRIl'PED OUT
NOW." DEPUTY MAYOR KREBS AGREED AND ALSO SAID "NOW." ATTORNEY GARGANESE
CONTINUED, "THE REPAYMENT TERMS WOULD BE AMENDED AS WE DISCUSSED — THE
SEVENTY-FIVE [TH�USAND DOLLARS] ($75,000.00) PLUS THE TWENTY-FIVE [THOUSAND
DOLLARS] ($25,000.00)AND IT'S GOING TO BE TIED TO THE SALE OF THE SOON TO BECOME
VACANT LOT."
ATTORNEY GARGANESE MENTIONED, "WE'LL HAVE TO DEFINE THIS VACANT LOT AND I
DON'T KNOW IF WE DEFINE IT BEFORE OR AFTER THE COMMISSION CONSIDER5 AND
APPROVES THE LOT SPLIT."
MR.McLEOD NOTED THAT HE HAS A SURVEY WITH THE LEGAL INFORMATION.
FURTHER COMMENTS FOLLOWED ON LAND USE, AND COMMISSIONER CANNON ASKED
FOR MORE INFORMATION.
MAYOR LACEY COMMENTED FOR THE RECORD ON THE PROPOSED SEVENTY-FIVE
THOUSAND DOLLARS ($75,000.00)AMOUNT.
CITY OF WINTER SPRINGS,FLORIDA MINUTES CTTY COMMISSION REGULAR MEETiNG—APRIL 27,2015 PAGE 14 OF 14
VOTE:
COMMISSIONER RESNICK: AYE
COMMISSIONER HOVEY: AYE
COMMISSIONER CANNON: NAY
DEPUTY MAYOR KREBS: AYE
COMMISSIONER CARROLL: AYE
MOTION CARRIED.
Attorney Garganese said, "We will memorialize that in writing and give it to the Commission for final..."
Mr. McLeod remarked, "...We're looking forward to moving through with that. I would like to mention - the
building itself right now has signage on it from a previous tenant. We are moving forward with the signage that
has UCF (University of Central Florida)Business Incubator on the face of the building which I think is very good
as you enter the City. And underneath that, we are going to be putting the name of `Winter Springs'; unless a
Commissioner has a problem with us putting your name out there."
Tape 2/Side B
With further comments, it was suggested to add the word, "at" [Winter Springs]. Mayor Lacey noted that in
previous discussions related to funding the Incubator in Winter Springs, Seminole County had wanted the
Incubator in Winter Springs to be called the"Winter Springs Incubator".
PUBLIC INPUT
Mr. Ted Johnson, I107 Pheasant Circle, Winter Springs, Florida: mentioned a property near Ontario Court and
Northern Way which has a "corral" type fence and did not think this was a compatible use and hoped this could
be revisited. Mr. Johnson then offered thanks to Chief Brunelle and Mr. Chris Caldwell, Director, Parks and
Recreation Department for their departments' help with the Tuscawilla Homeowners Association Family Fun Day
and stated, "I really appreciate their hard wark."
ADJO�T�NMENT
lYlayor Lacey a�i;+�urned the Regular Meeting at 8:25 p.m.
R�S�,ECTF�ILL::JrfMITTED:
-. ldr _
�;A LORFNZO-LUACES,MMC
�'ITY CLEkI�:. .
APPROV�1�:
� r l f 2 a�' .,�
MAY C CF�X-
�
NOTE: These Minutes were Appr Y the May I 1,2015 City Commission Regular Meeting.
Attachment " C "
RESOLUTION NO. 2015-26
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, SEMINOLE COUNTY,
FLORIDA; PROVIDING FOR THE DIVISION OF AN
ORIGINALLY PLATTED LOT OWNED BY VISTAWILLA
OFFICE CENTER, LLC. AND GENERALLY LOCATED
ADJACENT TO STATE ROAD 434 TO THE NORTH AND
THE BLACK HAMMOCK TRAIL HEAD TO THE EAST
INTO TWO (2) LOTS OF RECORD FOR DEVELOPMENT
PURPOSES; PROVIDING FOR REPEAL OF PRIOR
INCONSISTENT RESOLUTIONS, SEVERABILITY, AND
AN EFFECTIVE DATE.
WHEREAS,the City is granted the authority,under Section 2(b), Article VIII, of the State
Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
law; and
WHEREAS, section 9-3 of the City Code allows an owner of a single lot of sufficient size
that satisfies zoning bulk regulations, except in a platted area of a planned unit development, to
divide an originally platted single lot; and
WHEREAS, section 9-11 of the City Code authorizes the City Commission to approve
such division, generally referred to as a "lot split," by resolution, and sets forth the prerequisites
and application process for lot splits; and
WHEREAS, Vistawilla Office Center, LLC. (hereinafter "Owner") is the owner of an
office building and certain real property generally located along State Road 434 in Winter Springs,
Florida, more particularly depicted and legally described herein; and
WHEREAS, Owner has petitioned the City, pursuant to section 9-11 of the City Code, to
divide said property into two (2) separate lots; and
WHEREAS, said lots are more particularly depicted and legally described herein; and
WHEREAS, the City Commission finds that Owner has satisfied all of the requirements
for lot splits set forth in section 9-11 of the City Code; and
WHEREAS,the City Commission of the City of Winter Springs finds that this Resolution
is in the best interests of the public health, safety, and welfare of the citizens of Winter Springs.
City of Winter Springs
Resolution No. 2015-26
Page 1 of 3
NOW THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER
SPRINGS HEREBY RESOLVES,AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are deemed true and correct and are hereby fully
incorporated by this reference.
Section 2. Approval of Lot Split.
(a) Subject to the condition stated below, the City Commission hereby approves,
pursuant to section 9-11 of the City Code, the division of the real property generally located along
State Road 434 and adjacent to the Black Hammock Trailhead, and legally described in "Exhibit
A," attached hereto and fully incorporated herein by this reference, into two (2) separate lots.
Such lots are more particularly depicted and legally described on"Exhibit A" as Lot Split Parcel 1
and Lot Split Parcel2.
(b) As a condition of this Lot Split and any future development permit for the
development of Lot Split Parcel2,the Owner shall be required to prepare and record in the Official
Records of Seminole County, Florida, a Declaration of Easements providing that Lot Split 1 and
Lot Split 2 Parcels share access to certain sidewalks, driveway, parking spaces, stormwater piping
and inlet and other utility facilities serving both parcels. Said easement shall be in a form
acceptable to the City Engineer and City Attorney consistent with the Final Engineering Plans and
other permits previously approved by the City for the existing office building located on Lot Split
Parcel 1. A draft Easement shall be provided to the City for review and approval within thirty
(30) days of the Effective Date of this Resolution and shall be recorded simultaneously with this
Resolution at the Owner's expense.
(c) Upon recordation of this Resolution and Declaration of Easements in the Official
Public Records of Seminole County, Florida, said lots shall each be deemed a lot of record for
development purposes pursuant to applicable law.
Section 3. Repeal of Prior Inconsistent Resolutions. All prior inconsistent resolutions
adopted by the City Commission, or parts of prior resolutions in conflict herewith, are hereby
repealed to the extent of the conflict.
Section 4. Severabilitv. If any section, subsection, sentence, clause, phrase, word or
provision of this Resolution is for any reason held invalid or unconstitutional by any court of
competent jurisdiction,whether for substantive,procedural, or any other reason, such portion shall
be deemed a separate, distinct and independent provision, and such holding shall not affect the
validity of the remaining portions of this Resolution.
Section 5. Instructions to Staff. Pursuant to section 9-ll(b)(2) of the City Code, the City
Attorney is hereby directed to record this Resolution in the Official Public Records of Seminole
County, Florida at such time a fully executed and recordable Declaration of Easements has been
City of Winter Springs
Resolution No. 2015-26
Page 2 of 3
delivered to the City by the Owner. At such time, the Community Development Department is
hereby directed to modify city maps and documents to reflect the lot split upon recordation of this
Resolution.
Section 6. Effective Date. This Resolution shall become effective immediately upon
adoption by the City Commission of the City of Winter Springs. However,the Resolution shall not
be binding upon the Property until recorded by the City in accordance with the requirements of this
Resolution. If the Declaration of Easements is not provided to the City in executed and
recordable form within ninety (90) days of the adoption of this Resolution, this Resolution shall
automatically be deemed null and void.
ADOPTED by the City Commission of the City of Winter Springs,Florida,this 26th day of
October, 2015.
Charles Lacey, Mayor
ATTEST (City Seal):
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 No. 2015-26
Page 3 of 3
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Attachment " D "
THIS INSTRUMENT WAS PREPARED BY
AND SHOULD BE RETURNED TO:
Anthony Garganese
City Attorney of Winter Springs
Garganese,Weiss&D'Agresta,P.A.
111 N. Orange Avenue, Suite 2000
Orlando,FL 32802
(407)425-9566
FOR RECORDING DEPARTMENT USE ONLY
SIXTH MODIFICATION OF DEVELOPER'S AGREEMENT
THIS SIXTH MODIFICATION OF DEVELOPER'S AGREEMENT (the
"Agreement") is made and executed this day of August, 2015, by and between the
CITY OF WINTER SPRINGS, a Florida Municipal Corporation (the "City"), whose
address is 1126 East S.R. 434, Winter Springs, Florida 32708, and VISTAWILLA OFFICE
CENTER, LLC, a Florida limited liability company ("Vistawilla"), whose address is 1491
East S.R. 434, Unit 103, Winter Springs, Florida 32708.
WITNESSETH:
WHEREAS, Robert Yeager, Trustee ("Yeager") and the City previously entered into
a binding Developer's Agreement dated April 13, 1998 and recorded May 13, 1998 in
Official Records Book 3424, Page 0611, of the Public Records of Seminole County, Florida
(the "Original Developer's Agreement"), relating to certain real property located in Seminole
County, Florida and more particularly described therein (the "Property"); and
WHEREAS, Vistawilla purchased the Property from Yeager and is the current fee
simple owner of the Property; and
WHEREAS, Vistawilla and the City previously amended the Original Developer's
Agreement pursuant to that certain First Modification of Developer's Agreement dated
February 27, 2006 and recorded March 8, 2006 in Official Records Book 6151, Page 42 (the
"First Modification"), and that certain Second Modification of Developer's Agreement dated
June 12, 2006 and recorded June 27, 2006 in Official Records Book 6304, Page 36 (the
"Second Modification"), and that certain Third Modification of Developer's Agreement dated
December 18, 2006 and recorded January 19, 2007, in Official Records Book 6561, Page
0610 (the "Third Modification"), and that certain Fourth Modification of Developer's
Agreement dated March 27, 2007 and recorded April 4, 2007, in Official Records Book
6656, Page 0823 (the "Fourth Modification"), and that certain Fifth Modification of
Developer's Agreement dated October 29, 2007, and recorded in Official Records Book
6858, Page 1286 (the "Fifth Modification"), all of the Public Records of Seminole County,
Florida (the Original Developer's Agreement, the First Modification, the Second
Sixth Modification to Developer's Agreement
City of Winter Springs and Vistawilla Office Center,LLC
-1-
Modification, the Third Modification, Fourth Modification and the Fifth Modification are
hereinafter collectively referred to as the "Developer's Agreement"); and
WHEREAS, the parties acknowledge that although Vistawilla obtained the City's
approval of final engineering plans for the Phase II office building required by the Fifth
Modification, Vistawilla was unable to commence construction and complete the Phase II
office building; and
WHEREAS, as a result of Vistawilla's failure to construct the Phase II office
building, the terms and conditions of the Fifth Modification require Vistawilla to make
payment to the City in the amount of$200,000; and
WHEREAS, Vistawilla has recently applied for and received approval from the City
Commission, by Resolution No. 2015-26, adopted on October 26, 2015, to split the Property
into two separate developable lots legally described and defined under said Resolution and
hereinafter referred to as "Lot Split Parcel 1" and "Lot Split Parcel2;" and
WHEREAS, Vistawilla now desires to market and sell Lot Split Parcel 2, which
currently consists of vacant land, free and clear of the payment that is currently owed the
City under the Fifth Modification; and
WHEREAS, in furtherance this desire to sell Lot Split Parcel 2, Vistawilla has
entered into that certain Purchase and Sale Contract, dated March 4, 2015, with Barrett
Square Holdings, LLC. or its duly authorized assignees (hereinafter referred to as "Sales
Contract"); and
WHEREAS, in order to facilitate the sale of Lot Split Parcel 2 unencumbered by the
terms and conditions of the aforesaid payment, Vistawilla has requested that the City
Commission approve a modification of the terms and conditions of the Fifth Modification;
and
WHEREAS, Vistawilla and the City have agreed to amend the Fifth
Modification/Developer's Agreement as specifically set forth hereunder.
NOW THEREFORE, in consideration of the mutual promises and covenants
contained herein, the parties mutually agree to amend the Fifth Modification/Developer's
Agreement as follows:
1.0 Recitals; Capitalized Terms. The recitals set forth above are true and correct
and are incorporated herein by this reference. Unless otherwise set forth herein, all
capitalized terms utilized herein shall have the same meaning as set forth in the Developer's
Agreement, and the terms defined in the recitals above shall have the meaning stated herein.
2.0 Paragraph 2.0, Phase II Development Schedule, of the Fifth Modification as
set forth below is hereby deleted in its entirety. (�*r'��type are deletions)
Sixth Modification to Developer's Agreement
City of Winter Springs and Vistawilla Office Center,LLC
-2-
i��ivRi=icu�6„ Tl,o !`;��,. �;11 ,,.,��2c'�S6irc'��'ar2�ii�v,-• ';+l,l,.,l.a � ,'�J2fi�ic;r.
�`�`r-�iet�e�rB��� »
�
� �
i�2f��2�,—€6��L°ci�p°cai�'tt� ,- �l,o !`.,,ti„,1°c�6irvc'�� �1,.,� �l,o Dl,.,�o TT .,��;�
�
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3.0 Pavment to the Cit� The parties agree to restate, modify and extend the
repayment terms previously set forth in Paragraph 2.0 of the Fifth Modification as follows:
3.1 Unless otherwise provided by Paragraph 3.2 herein, Vistawilla shall pay the
City Seventy-Five Thousand and No/100 Dollars ($75,000.00). Vistawilla shall pay the City
the $75,000.00 at such time the Sales Contract closes. The closing statement for the Sales
Contract shall reference this payment as a closing disbursement owed by Vistawilla in favor
of the City. Payment shall be due at closing and be made by check made payable to the City
of Winter Springs. Upon receipt of the check and verification that said funds have cleared,
the City will file a Satisfaction of Payment in the Official Records of Seminole County,
Florida evidencing that the Property is no longer encumbered by the payment required
hereunder. Vistawilla agrees to keep the City Manager fully apprised of the closing date
under the Sales Contract, and the City shall be permitted to attend the closing for purposes of
receiving the check.
3.2 In the event closing on the Sales Contract does not occur and the Sales
Contract expires or is terminated by either the buyer or seller, Vistawilla shall then be
required to pay the City One Hundred Thousand and No/100 Dollars ($100,000.00).
Payment shall be due at such time Vistawilla sells any portion of the Property (Lot Split
Parcel 1 or 2) under the same payment terms and conditions set forth in Paragraph 3.1 above.
Vistawilla agrees to keep the City Manager fully apprised of any future contracts for
purchase and sale of the Property and related closing dates.
3.3 The aforementioned payment terms and conditions shall constitute a binding
obligation running with the Property until full and complete payment is received by the City
and a Satisfaction of Payment has been duly recorded as stated above.
Sixth Modification to Developer's Agreement
City of Winter Springs and Vistawilla Office Center,LLC
-3-
4.0 Effect of Amendment. All other terms and conditions of the Developer's
Agreement, not in conflict with this Amendment, shall remain in full force and effect.
Nothing herein shall repeal or modify any existing easements or covenants affecting the
Property or any applicable final engineering plans and permits previously approved by the
City.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seal on the
date first above written.
CITY OF WINTER SPRINGS
By:
Charles Lacey, Mayor
ATTEST:
By:
Andrea Lorenzo-Luaces, City Clerk
APPROVED AS TO FORM AND LEGALITY
For the use and reliance of the City of Winter Springs,
Florida only.
CTTY SEAL Date:
By:
Anthony Garganese, City Attorney for
the City of Winter Springs, Florida
STATE OF FLORIDA
COUNTY OF SEMINOLE
Personally appeared before me, the undersigned authority, Charles Lacey and Andrea
Lorenzo-Luaces, well known to me to be the Mayor and City Clerk respectively, of the City of
Winter Springs, Florida, and acknowledged before me that they executed the foregoing
instrument on behalf of the City of Winter Springs, as its true act and deed, and that they were
duly authorized to do so.
Witness my hand and official seal this day of , 2015.
(NOTARY SEAL)
Notary Public
My commission expires:
Sixth Modification to Developer's Agreement
City of Winter Springs and Vistawilla Office Center,LLC
-4-
Signed, sealed and delivered in the VISTAWILLA OFFICE CENTER, LLC, a
presence of the following witnesses: Florida limited liability company
By:
Signature ofWimess David McLeod, Managing Member
Printed Name of Witness
Date:
Signature ofWitness
Printed Name of Witness
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of
, 2015, by David McLeod, as Managing Member of VISTAWILLA OFFICE
CENTER, LLC, a Florida limited liability company, on behalf of said company. He is
personally known to me or produced as
identification.
(NOTARY SEAL)
(Notary Public Signature)
(Print Name)
Notary Public, State of
Commission No.:
My Commission Expires:
THE EFFECTIVE DATE OF THIS SIXTH MODIFICATION IS CONTINGENT
UPON CITY COMMISSION RESOLUTION NO. 2015-26, ADOPTED ON
OCTOBER 26, 2015 BECOMING EFFECTIVE AND RECORDED IN THE
OFFICIAL RECORDS OF SEMINOLE COUNTY, FLORIDA.
Sixth Modification to Developer's Agreement
City of Winter Springs and Vistawilla Office Center,LLC
-5-
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