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Home My WebLink About2018 11 19 Consent 300 Neighborhood Public Street Improvement Agreement for Tuskawilla CrossingsCOMMISSION AGENDA ITEM 300 Informational Consent X Public Hearings Regular November 19, 2018 KS BF Regular Meeting City Manager Department REQUEST: The Community Development Department is requesting that the City Commission approve a Neighborhood Public Street Improvement Agreement with the Tuskawilla Crossings developer, Standard Pacific of Florida (Lennar Homes). SYNOPSIS: The Tuskawilla Crossings project includes enhanced design features and landscaping on the public streets and roundabout constructed for the Project including, but not limited to, decorative signage, decorative streetlighting, urban design features incorporated into the roundabout, brick pavers, landscaping, irrigation, and other enhanced design features. The subject agreement, which is a requirement of the Developer's Agreement, memorializes the Developer's construction and maintenance obligations for the enhanced street improvements. CONSIDERATIONS: . The Tuskawilla Crossings Developer's Agreement was approved by the City Commission on April 24, 2017. The First Modification of Developer's Agreement was approved by the City Commission on August 13, 2018. The Developer's Agreement requires the installation of enhanced design features and landscaping on the public streets and roundabout constructed for the Project approved by the City including, but not limited to, decorative signage, decorative streetlighting, urban design features incorporated into the roundabout, brick pavers, landscaping and related irrigation, and other enhanced design features. The Developer's Agreement requires the Developer to enter into a separate agreement for purposes of construction and maintaining, at the Developer's (and future HOA's) expense, the enhanced design Consent 300 PAGE 1 OF 2 - November 19, 2018 IHDWXUHVDQGODQGVFDSLQJ 8QGHUWKHWHUPVRIWKH1HLJKERUKRRG3XEOLF6WUHHW,PSURYHPHQW$JUHHPHQWWKH z 'HYHORSHULVUHTXLUHGWRFRQVWUXFWDQGPDLQWDLQWKHIROORZLQJHQKDQFHGVWUHHW LPSURYHPHQWVPRVWRIZKLFKKDYHDOUHDG\EHHQLQVWDOOHG 'HFRUDWLYHVLJQDJHLQWKHSXEOLFVWUHHWV {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ŽŶƐĞŶƚϯϬϬW'ϮK&ϮͲEŽǀĞŵďĞƌϭϵ͕ϮϬϭϴ Prepared by and Return to: Anthony A. Garganese, City Attorney Garganese, Weiss, D’Agresta & Salzman, P.A. 111 N. Orange Avenue, Suite 2000 Orlando, Florida 32802 NEIGHBORHOOD PUBLIC STREET IMPROVEMENT AGREEMENT This Neighborhood Public Street Improvement Agreement (“Agreement”) is made and City of Winter entered into this _____ day of __________________, 2018, by and between the SpringsStandard Pacific of Florida, , a Florida municipal corporation (“City”), and a Florida general partnership (“Developer”) whose address is 444 West New England Avenue, Suite 220, Winter Park, Florida 32789. WITNESSETH: WHEREAS , Developer is the developer of the Tuskawilla Crossings single-family home project (“Development” or “Project”) located within the City of Winter Springs, Florida which is described in the Developer’s Agreement, dated April 24, 2017 and recorded in the Official Records of Seminole County, Florida at Official Record Book 8939 Pages 457-471 and described in the First Modification of Developer’s Agreement, dated August 13, 2018 and recorded in the Official Records of Seminole County, Florida at Official Record Book 9237 Pages 961-964 and described by Plat – TUSKAWILLA CROSSINGS PHASE 1 in the Official Records of Seminole County, Florida at Plat Book 83 Pages 75-89 defined below; and WHEREAS , the City generally provides standard street improvements located on City public streets that traverse through the real property which constitutes the Development; and WHEREAS, Developer and the City desire to provide enhanced street improvements at the Developer’s expense under the terms and conditions herein; and WHEREAS, Section 15 the Development Agreement requires the Developer to enter into this Agreement for purposes of constructing and maintaining, at Developer’s expense, enhanced design features and landscaping on the public streets and roundabout constructed for the Project approved by the City including, but not limited to, decorative signage, decorative streetlighting, urban design features incorporated into the roundabout, brick pavers, landscaping and related irrigation, and other enhanced design features; and WHEREAS , the parties acknowledge that this Agreement will improve the aesthetic appearance of the City’s streets primarily for benefit and enjoyment of Developer, the other property owners subject to the Developer’s Agreement and First Modification of Developer’s Agreement, and incidentally to the rest of the citizens of Winter Springs. Neighborhood Public Street Improvement Agreement City of Winter Springs Page1of14 NOW THEREFORE , in consideration of the mutual promises set forth hereunder, and other good and valuable consideration, which the parties acknowledge has been exchanged, the parties agree as follows: Section 1.Recitals. The foregoing recitals are true and correct and are hereby incorporated herein as a material part of this Agreement. Section 2.Definitions. The following words and phrases used herein shall have the following meaning unless the context clearly indicates otherwise: “[[624,858,924,915][12][B,I,][Times New Roman]]Duke Energy [[896,858,946,915][12][B,,][Times New Roman]]” 2.1 shall mean Duke Energy and any successor and assign to the City’s electric franchise. “[[624,1030,831,1087][12][B,I,][Times New Roman]]Property [[803,1030,853,1087][12][B,,][Times New Roman]]” [[1815,1030,2096,1087][12][B,,][Times New Roman]]Exhibit “A” 2.2 shall mean the real property legally described on which is attached hereto and fully incorporated herein by this reference. [[600,1203,891,1260][12][B,I,][Times New Roman]]“Sign Plate” 2.3 shall mean the metal face plate of the street sign on which street names and other traffic symbols and/or language is written such as “stop” and speed limits. “[[624,1375,1127,1432][12][B,I,][Times New Roman]]Street Light Base Rate [[1099,1375,1149,1432][12][B,,][Times New Roman]]” 2.4 shall mean the actual cost charged by Duke Energy to maintain and operate a standard concrete pole and cobra fixture. Said costs include electric, equipment rental, maintenance, gross receipts tax and other associated charges imposed by Duke Energy in accordance with law. At the effective date of this Agreement, the Street Light Base Rate is equal to $13.64. The parties acknowledge that said base rate is subject to periodic adjustments by Duke Energy and the City of Winter Springs. Section 3.Scope of Project . The City and Developer agree that this Agreement shall run with and bind the Property. Further, this Agreement covers both enhanced decorative public street improvements, signs, streetlights, landscaping and irrigation, and hardscape pursuant to the requirements of the Development Agreement. The Enhanced Improvements are specifically stated in Section 15 of the Development Agreement. The City and Developer agree that Developer purchased, installed, and will maintain and operate the Enhanced Improvements for the life of the Project approved by the Development Agreement. The parties acknowledge that all decorative street signs installed on public streets must comply with the standards of the Manual of Uniform Traffic Control Devices, latest edition, and the City of Winter Springs, and decorative streetlights must be provided by Duke Energy and approved by the City of Winter Springs. Section 4. Developer’s Obligations . Developer agrees to perform the following obligations: 4.1[[599,2582,1168,2639][12][B,I,][Times New Roman]]Enhanced Improvements. Developer agrees to the following: Neighborhood Public Street Improvement Agreement City of Winter Springs Page2of14 (A) Developer acknowledges and agrees that pursuant to Section 15 of the First Modification to Development Agreement, Developer constructed the following Enhanced Improvements: Decorative signage in the public streets ¼ Decorative streetlights on Michael Blake Boulevard (7 total) ¼ Urban design features in the roundabout, including any decorative concrete ¼ pavement, brick pavers, and all landscaping, electrical and irrigation in the central island All landscaping and irrigation in the public streets, including water ¼ consumption; maintenance includes mowing, weeding, tree trimming, and other services necessary to maintain the landscaping as shown on the approved Final Engineering Plans Hardscape features at the subdivision entrances ¼ (B) Developer shall assume the full responsibility of maintaining the Enhanced Improvements including, but not limited to, water consumption, mowing, weeding, tree trimming, and other services necessary to maintain the landscaping as shown on the Final Engineering Plans. As such, in the event any of the Enhanced Improvements must be replaced or repaired due to damage, deterioration, or age, Developer agrees to promptly and timely repair or replace the Enhanced Improvements at its sole expense. For purposes of this Agreement, the phrase “public streets” shall mean, with respect to Developer’s obligations hereunder, all public streets within the Development, as shown on the approved Final Engineering plans. (C) With respect to street signs covered by the Project, in the event that a street sign must be replaced, repaired, or added, and Developer has failed to perform the necessary repair, replacement, or addition, the City shall have the unconditional right to make said repairs, replacement, or addition using decorative or a standard non-decorative street sign and recover the actual cost thereof from Developer. (D) In the event that the Developer has failed to perform the necessary repair or replacement of any of the Enhanced Improvements as required by Subsection (B) above, the City shall have the right, but not obligation, to make said repairs or replacement and recover the actual cost thereof from Developer. Prior to exercising said right, the City shall provide the Developer written notice and an explanation of the specific default and at least thirty (30) days in which to cure the default. If Developer fails to cure the default by the end of the cure period, the City can exercise its rights to repair and replace at any time thereafter. (E) With respect to the streetlights covered by the Project, Developer agrees to fully to acquire, install, maintain, and operate all decorative streetlights required by the Project as shown on the approved Final Engineering plans. Developer shall assume the full responsibility of maintaining the Duke Energy invoice covering all streetlights in the Development, including the Neighborhood Public Street Improvement Agreement City of Winter Springs Page3of14 account placed in the name of the Developer and making prompt and timely payments on said 7 account. A total of streetlights are eligible for Street Light Base Rate reimbursement as described below in Section 5.2. Following turnover and assignment of this Agreement pursuant to Section 7 herein, the Community Association shall assume responsibility for the streetlights and have the account placed in its name. Developer shall also be responsible for promptly reporting all broken or damaged streetlights directly to Duke Energy. The City reserves the right to do the same in the event that Developer fails in said reporting responsibility. Section 5. City’s Obligations . Subject to Developer’s compliance with its payment responsibilities set forth under this Agreement, the City agrees to perform the following obligations: 5.1 Following the initial purchase and installation of the decorative street signs by Developer, the City agrees to pay the cost of purchasing replacement Sign Plates required for maintenance of the Project. All other components of the street sign including, but not limited to, the foundation, framing, and pole will be the responsibility of the Developer. 5.2 The City will assist Developer in coordinating with Duke Energy to acquire and install the decorative streetlights. Conditioned upon completion of each of the following: (i) installation and the establishment of an account with Duke Energy; and (ii) all common areas being built to 100% completion, the City agrees to reimburse the Developer for the maintenance and operation of the decorative streetlights in an amount equal and strictly limited to the Street Light Base Rate. They City shall not be obligated to reimburse Developer until each of the preceding conditions is met. The City shall make the reimbursement of a quarterly basis. However, with respect to any increase in the number of streetlights above the number that were actually installed for Developer at the effective date of the Agreement, the City shall not be responsible for the Street Light Base Rate for the additional streetlights unless the City agrees, in its discretion, that the additional light(s) were required to bring the Developer’s street light plan into conformance with Duke Energy’s standard photometric requirements. Further, reimbursement shall only be made for those streetlights that are operational and only where Developer has provided to the City proof of payment. Section 6. Title to Street Signs and Lights . The right, title and interest of the decorative street signs shall be vested in the City. The right, title and interest of the decorative streetlights shall be vested in Duke Energy. Developer shall have no property interest in the decorative street signs and streetlights. Section 7. Recordation; Assignment of Agreement. This Agreement shall be recorded by the City in the Official Records of Seminole County, Florida and said Agreement shall run with the Property. Further, upon sale of the Development by Developer, Developer shall assign this Agreement to the buyer thereof and such buyer shall be responsible for the Developer’s obligations and commitments contained herein. Neighborhood Public Street Improvement Agreement City of Winter Springs Page4of14 Section8. Applicable Law; Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida and the Winter Springs Code. The parties agree that venue shall be exclusively within Seminole County, Florida, for all state disputes or actions which arise out of or are based upon this Agreement, and in Orlando, Florida, for all such federal disputes or actions. Section 9.Amendments. This Agreement shall not be modified or amended except by written agreement executed by all parties hereto and approved by the City Commission or City Manager of the City of Winter Springs. Section10 Entire Agreement; Headings. .This Agreement contains the entire agreement between the parties as to the subject matter hereof.The Agreement may only bind the City if executed by the City Manager or Mayor of Winter Springs. Paragraph headings are for convenience of the parties only and are not to be construed as part of this Agreement. All references to whole paragraph numbers (e.g. 2) shall include all subparagraphs thereunder (e.g., 2.1). Section 11.Severability. If any provision of this Agreement shall be held to be invalid or unenforceable to any extent by a court of competent jurisdiction, the City shall have the unconditional right to terminate this Agreement, modify this Agreement with the Association’s consent, or remain in the Agreement as modified by the court. Section 12.Sovereign Immunity. Nothing contained in this Agreement shall be construed as a waiver of the City’s right to sovereign immunity under Section 768.28, Florida Statues, or any other limitation on the City’s potential liability under state or federal law. Said rights and limitations shall be deemed fully incorporated herein by this reference. Section13. Notice. All notices and correspondence in connection with this Agreement must be in writing. Notice and correspondence shall be sent by first class mail or hand delivered at the addresses set forth below or at such other addresses as the parties hereto shall designate to each other in writing. (a)If to the City: City Manager City of Winter Springs 1126 East State Road 434 Winter Springs, FL 32708-2799 407-327-5976 (Phone) 407-327-6695 (Fax) Neighborhood Public Street Improvement Agreement City of Winter Springs Page5of14 (b)If to Developer: Steve Boyette Land Development Manager Lennar 444 West New England Ave. Suite 220 Winter Park, FL 32789 Steve.boyette@lennar.com 407-821-7454 (Phone) with a copy to Nora Schuster HOA Manager Lennar 444 West New England Ave. Suite 220 Winter Park, FL 32789 Nora.Schuster@Lennar.com (407) 645-6524 (Phone) with a copy to Robert W. Bowser, Esq. Akerman, LLP 420 S. Orange Ave., Suite 1200 Orlando, FL 32801 robert.bowser@akerman.com 407-419-8492 (Phone) Section 14.Waiver Any forbearance by the City in exercising any right or remedy under this Agreement shall not constitute a waiver of or preclude the exercise of any right or remedy. Section 15.City’s Right to Seek Equitable Relief and Special Assessment. Developer agrees, acknowledges and recognizes that any breach of this Agreement by Developer may result in irreparable harm to the City. Developer agrees that in addition to and not in lieu of all legal and equitable remedies available to City by reason of such breach, City shall be entitled to equitable relief (including, without limitation, specific performance and injunctive relief) to enjoin the occurrence and condition of the breach. Further, in the event Developer fails to make any payments that are required herein, Developer acknowledges and agrees that the Enhanced Neighborhood Public Street Improvement Agreement City of Winter Springs Page6of14 Improvements provide a special benefit to the Property and Community Association and its members and that said special benefit is shared proportionately by all property owners within the Development. In the event that the City determines that Developer has not made the payments required by this Agreement, the City reserves the unconditional right to assess Developer and the Development’s individual property owners for Developer’s costs for the repair or replacement of any of the Enhanced Improvements. In the event the City is required to initiate an assessment, Developer agrees to fully support the assessment and Developer shall not contest, challenge or intervene in the assessment process. Further, in the event that Developer defaults on any street light account with Duke Energy which is covered by this Agreement, the City shall also, at its sole discretion, have the right to transfer said accounts into the City’s name and thereby assume all the rights afforded an account holder. Section 16.Attorneys’ Fees. The prevailing party in any litigation arising under this Agreement shall be entitled to recover its reasonable attorneys’ and paralegal fees and costs, whether incurred at trial or appeal. [Signature Page Follows] Neighborhood Public Street Improvement Agreement City of Winter Springs Page7of14 IN WITNESS WHEREOF , the parties have executed this Agreement as of the date first written above. WITNESSES: DEVELOPER _____________________________ Standard Pacific of Florida, a Florida General Partnership _____________________________ By: Standard Pacific of Florida GP, Inc., a Delaware corporation, as Managing Partner Print Name By:________________________________ _____________________________ Name:______________________________ Title:_______________________________ _____________________________ Print Name STATE OF FLORIDA COUNTY OF ___________________ The foregoing instrument was acknowledged before me this ____ day of _____________, 20____, by , in his capacity as , and in his capacity as , each in its respective capacity as general partner of , a Florida general partnership, on behalf of said general partnership, and who is personally known to me or who has produced a Florida Driver’s License as identification and who did not take an oath. (NOTARY SEAL) ___________________________________ Notary Public Signature ___________________________________ Typed or Printed Notary Name Neighborhood Public Street Improvement Agreement City of Winter Springs Page8of14 WITNESSES: CITY: _____________________________ CITY OF WINTER SPRINGS, _____________________________ a Florida Municipal Corporation: Print Name ________________________________ _____________________________Kevin L. Smith, City Manager _____________________________ Print Name STATE OF FLORIDA COUNTY OF SEMINOLE The foregoing instrument was acknowledged before me this ____ day of ____________, 2018, by___________________, City Manager of Winter Springs, Florida, who is personally known to me. (NOTARY SEAL) ___________________________________ Notary Public Signature ___________________________________ Typed or Printed Notary Name Neighborhood Public Street Improvement Agreement City of Winter Springs Page9of14 EXHIBIT A Property Description Plat – TUSKAWILLA CROSSINGS PHASE 1 – “LEGAL DESCRIPTION PARCEL 1: A TRACT OF LAND LYING IN SECTION 6, TOWNSHIP 21 SOUTH, RANGE 31 EAST, SEMINOLE COUNTY FLORIDA, INCLUDING A PORTION OF PHILLIP R. YONGE GRANT, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 36 OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: BEGIN AT THE SOUTHWEST CORNER OF THE RESERVE AT TUSCAWILLA, PHASE II, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 50, PAGES 3 THROUGH 9 OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, SAID POINT LYING ON THE NORTHERLY LINE OF RAILS TO TRAILS, AS RECORDED IN OFFICIAL RECORDS BOOK 3177, PAGE 632 OF SAID PUBLIC RECORDS; THENCE RUN ALONG SAID NORTHERLY LINE AND THE EASTERLY LINE OF SAID RAILS TO TRAILS, AS RECORDED IN OFFICIAL RECORDS BOOK 3988, PAGE 1075 THE FOLLOWING COURSES: RUN NORTH 55°28'13" WEST, FOR A DISTANCE OF 1393.50 FEET TO A POINT ON A NON-TANGENT CURVE CONCAVE NORTHEASTERLY;THENCE RUN NORTHWESTERLY ALONG SAID NON-TANGENT CURVE, HAVING A RADIUS OF 1815.35 FEET, A CENTRAL ANGLE OF 31°08'12", AN ARC LENGTH OF 986.53 FEET, A CHORD DISTANCE OF 974.43 FEET AND A CHORD BEARING OF NORTH 39°53'20" WEST TO A POINT OF COMPOUND CURVATURE OF A CURVE CONCAVE NORTHEASTERLY; THENCE RUN NORTHWESTERLY ALONG SAID CURVE, HAVING A RADIUS OF 2148.74 FEET, A CENTRAL ANGLE OF 02°54'02", AN ARC LENGTH OF 108.78 FEET, A CHORD DISTANCE OF 108.77 FEET AND A CHORD BEARING OF NORTH 22°52'13" WEST; THENCE RUN NORTH 49°31'30" EAST, NON- RADIAL WITH SAID CURVE, FOR A DISTANCE OF 583.99 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF STATE ROAD 434, ACCORDING TO FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY MAP SECTION 77070-2517; THENCE RUN ALONG THE SOUTH RIGHT-OF-WAY LINE OF SAID STATE ROAD 434 THE FOLLOWING COURSES: SOUTH 39°46'37" EAST, FOR A DISTANCE OF 257.09 FEET TO A POINT ON A NON-TANGENT CURVE CONCAVE NORTHEASTERLY; THENCE RUN SOUTHEASTERLY ALONG SAID NON-TANGENT CURVE, HAVING A RADIUS OF 2998.40 FEET, A CENTRAL ANGLE OF 24°44'21", AN ARC LENGTH OF 1294.65 FEET, A CHORD DISTANCE OF 1284.61 FEET AND A CHORD BEARING OF SOUTH 54°08'35" EAST; THENCE RUN NORTH 26°31'02" WEST, FOR A DISTANCE OF 15.60 FEET TO A POINT ON A NON-TANGENT CURVE CONCAVE NORTHEASTERLY; THENCE RUN SOUTHEASTERLY ALONG SAID NON-TANGENT CURVE, HAVING A RADIUS OF 2988.40 FEET, A CENTRAL ANGLE OF 06°15'44", AN ARC LENGTH OF 326.62 FEET, A Neighborhood Public Street Improvement Agreement City of Winter Springs Page10of14 CHORD DISTANCE OF 326.46 FEET AND A CHORD BEARING OF SOUTH 69°24'53" EAST; THENCE RUN NORTH 17°27'16" EAST, RADIAL WITH SAID CURVE, FOR A DISTANCE OF 5.00 FEET TO A POINT ON A NON-TANGENT CURVE CONCAVE NORTHEASTERLY; THENCE RUN SOUTHEASTERLY ALONG SAID NON-TANGENT CURVE, HAVING A RADIUS OF 2983.40 FEET, A CENTRAL ANGLE OF 06°18'01", AN ARC LENGTH OF 328.06 FEET, A CHORD DISTANCE OF 327.89 FEET AND A CHORD BEARING OF SOUTH 75°41'45" EAST TO THE INTERSECTION OF SAID SOUTHERLY RIGHT-OF-WAY OF STATE ROAD 434 WITH THE NORTHERLY RIGHT-OF-WAY OF STATE ROAD 434, ACCORDING TO SAID RIGHT-OF-WAY MAP; THENCE RUN SOUTH 87°34'48" WEST, ALONG SAID NORTHERLY RIGHT-OF-WAY LINE FOR A DISTANCE OF 464.50 FEET TO THE INTERSECTION OF SAID NORTHERLY RIGHT-OF-WAY LINE WITH THE NORTHERLY EXTENSION OF THE WESTERLY LINE OF THE AFORESAID PLAT OF THE RESERVE AT TUSCAWILLA, PHASE II; THENCE RUN SOUTH 00°45'33" EAST, ALONG SAID WESTERLY LINE AND IT'S NORTHERLY EXTENSION THEREOF, FOR A DISTANCE OF 870.18 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED TRACT OF LAND LIES IN SEMINOLE COUNTY, FLORIDA AND CONTAINS 1,562,651 SQUARE FEET OR 35.874 ACRES MORE OR LESS. LEGAL DESCRIPTION PARCEL 2: A TRACT OF LAND LYING IN SECTION 6, TOWNSHIP 21 SOUTH, RANGE 31 EAST, AND IN SECTION 1, TOWNSHIP 21 SOUTH, RANGE 30 EAST, SEMINOLE COUNTY FLORIDA, INCLUDING A PORTION OF D.R. MITCHELLS SURVEY OF THE LEVY GRANT, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 5 AND A PORTION OF GARDENA FARMS ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 6, PAGE 23, ALL OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHWEST CORNER OF LOT 51, TUSCAWILLA UNIT 9, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 24, PAGES 72 AND 73 OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, SAID POINT LYING ON THE SOUTHERLY LINE OF RAILS TO TRAILS, AS RECORDED IN OFFICIAL RECORDS BOOK 3177, PAGE 632 OF SAID PUBLIC RECORDS; THENCE RUN SOUTH 00°44'58" EAST, ALONG THE WESTERLY LINE OF SAID PLAT OF TUSCAWILLA UNIT 9, FOR A DISTANCE OF 545.59 FEET TO THE NORTHERLY LINE OF SAID TUSCAWILLA UNIT 9; THENCE RUN NORTH 85°40'44" WEST, ALONG SAID NORTHERLY LINE, THE NORTHERLY LINE OF CASA PARK VILLAS PHASE II, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 30, PAGES 97 AND 98 OF SAID PUBLIC RECORDS, AND THE WESTERLY EXTENSION THEREOF, FOR A DISTANCE OF 2372.28 FEET; THENCE RUN NORTH 04°17'16" EAST, DEPARTING SAID NORTHERLY LINE Neighborhood Public Street Improvement Agreement City of Winter Springs Page11of14 AND IT'S WESTERLY EXTENSION, FOR A DISTANCE OF 1079.43 FEET; THENCE RUN NORTH 85°44'15" WEST, FOR A DISTANCE OF 752.12 FEET TO THE EASTERLY RIGHT- OF-WAY LINE OF TUSKAWILLA ROAD, ACCORDING TO THE SEMINOLE COUNTY PUBLIC WORKS RIGHT-OF-WAY MAP W.P.I. No. PS-107; THENCE RUN ALONG SAID EASTERLY RIGHT-OF-WAY LINE THE FOLLOWING COURSES: RUN NORTH 13°13'34" EAST, FOR A DISTANCE OF 374.90 FEET TO A POINT ON A NON-TANGENT CURVE CONCAVE NORTHWESTERLY; THENCE RUN NORTHEASTERLY ALONG SAID NON- TANGENT CURVE, HAVING A RADIUS OF 5813.47 FEET, A CENTRAL ANGLE OF 03°45'59", AN ARC LENGTH OF 382.15 FEET, A CHORD DISTANCE OF 382.08 FEET AND A CHORD BEARING OF NORTH 11°19'20" EAST TO A POINT OF REVERSE CURVATURE OF A CURVE CONCAVE SOUTHEASTERLY; THENCE RUN NORTHEASTERLY ALONG SAID CURVE, HAVING A RADIUS OF 5693.21 FEET, A CENTRAL ANGLE OF 03°46'24", AN ARC LENGTH OF 374.93 FEET, A CHORD DISTANCE OF 374.86 FEET AND A CHORD BEARING OF NORTH 11°19'33" EAST; THENCE RUN NORTH 13°13'03" EAST, NON- RADIAL WITH SAID CURVE, FOR A DISTANCE OF 12.05 FEET; THENCE RUN SOUTH 87°58'44" EAST, DEPARTING SAID EASTERLY RIGHT-OF-WAY LINE, FOR A DISTANCE OF 511.71 FEET TO A POINT ON THE WEST RIGHT-OF-WAY OF AN UNNAMED STREET, ACCORDING TO THE AFORESAID D.R. MITCHELLS SURVEY OF THE LEVY GRANT; THENCE RUN SOUTH 87°17'53" EAST, DEPARTING SAID WEST RIGHT-OF-WAY LINE, FOR A DISTANCE OF 15.00 FEET TO THE CENTERLINE OF SAID UNNAMED STREET; THENCE RUN NORTH 02°42'07" EAST, ALONG SAID CENTERLINE, FOR A DISTANCE OF 372.00 FEET; THENCE RUN NORTH 87°17'53" WEST, DEPARTING SAID CENTERLINE, FOR A DISTANCE OF 15.00 FEET TO A POINT ON SAID WEST RIGHT-OF-WAY LINE; THENCE RUN NORTH 81°23'14" WEST, DEPARTING SAID WEST RIGHT-OF-WAY LINE, FOR A DISTANCE OF 188.78 FEET; THENCE RUN NORTH 11°14'43" EAST, FOR A DISTANCE OF 47.95 FEET; THENCE RUN NORTH 74°48'12" WEST, FOR A DISTANCE OF 244.40 FEET TO A POINT ON A NON- TANGENT CURVE CONCAVE SOUTHEASTERLY, LYING ON THE AFORESAID EASTERLY RIGHT-OF-WAY LINE OF TUSKAWILLA ROAD; THENCE RUN NORTHEASTERLY ALONG SAID EASTERLY RIGHT-OF-WAY LINE AND ALONG SAID NON-TANGENT CURVE, HAVING A RADIUS OF 5677.58 FEET, A CENTRAL ANGLE OF 02°25'29", AN ARC LENGTH OF 240.27 FEET, A CHORD DISTANCE OF 240.25 FEET AND A CHORD BEARING OF NORTH 14°37'20" EAST; THENCE RUN SOUTH 87°58'38" EAST, DEPARTING SAID EASTERLY RIGHT-OF-WAY LINE AND NON-RADIAL WITH SAID CURVE, FOR A DISTANCE OF 369.67 FEET TO A POINT ON THE AFORESAID WEST RIGHT-OF-WAY LINE; THENCE RUN SOUTH 87°17'53" EAST, DEPARTING SAID WEST RIGHT-OF-WAY LINE FOR A DISTANCE OF 15.00 FEET TO THE AFORESAID CENTERLINE OF AN UNNAMED STREET; THENCE RUN SOUTH 02°42'07" WEST, ALONG SAID CENTERLINE, FOR A DISTANCE OF 14.65 FEET; THENCE RUN SOUTH 87°17'53" EAST, DEPARTING SAID CENTERLINE, FOR A DISTANCE OF 15.00 FEET TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF SAID UNNAMED STREET; THENCE RUN SOUTH 87°58'38" EAST, DEPARTING SAID EAST RIGHT-OF-WAY LINE, FOR A Neighborhood Public Street Improvement Agreement City of Winter Springs Page12of14 DISTANCE OF 142.88 FEET TO A POINT ON A NON-TANGENT CURVE CONCAVE EASTERLY; THENCE RUN SOUTHERLY ALONG SAID NON-TANGENT CURVE, HAVING A RADIUS OF 4008.02 FEET, A CENTRAL ANGLE OF 01°22'36", AN ARC LENGTH OF 96.30 FEET, A CHORD DISTANCE OF 96.30 FEET AND A CHORD BEARING OF SOUTH 03°01'14" EAST; THENCE RUN SOUTH 39°49'55" EAST, NON-RADIAL WITH SAID CURVE, FOR A DISTANCE OF 659.48 FEET TO THE WESTERLY LINE OF SAID RAILS TO TRAILS; THENCE RUN ALONG SAID WESTERLY LINE AND THE SOUTHERLY LINE OF SAID RAILS TO TRAILS THE FOLLOWING COURSES: RUN SOUTH 49°31'30" WEST, FOR A DISTANCE OF 250.50 FEET; THENCE RUN SOUTH 61°06'33" WEST, FOR A DISTANCE OF 101.17 FEET TO A POINT ON A NON-TANGENT CURVE CONCAVE NORTHEASTERLY; THENCE RUN SOUTHEASTERLY ALONG SAID NON-TANGENT CURVE, HAVING A RADIUS OF 2248.74 FEET, A CENTRAL ANGLE OF 03°55'09", AN ARC LENGTH OF 153.82 FEET, A CHORD DISTANCE OF 153.79 FEET AND A CHORD BEARING OF SOUTH 22°21'40" EAST TO A POINT OF COMPOUND CURVATURE OF A CURVE CONCAVE NORTHEASTERLY; THENCE RUN SOUTHEASTERLY ALONG SAID CURVE, HAVING A RADIUS OF 1915.35 FEET, A CENTRAL ANGLE OF 25°32'38", AN ARC LENGTH OF 853.91 FEET, A CHORD DISTANCE OF 846.86 FEET AND A CHORD BEARING OF SOUTH 37°05'33" EAST; THENCE RUN NORTH 37°08'28" EAST, NON-RADIAL WITH SAID CURVE, FOR A DISTANCE OF 19.99 FEET; THENCE RUN SOUTH 52°44'55" EAST, FOR A DISTANCE OF 236.35 FEET; THENCE RUN SOUTH 38°13'59" WEST, FOR A DISTANCE OF 17.96 FEET; THENCE RUN SOUTH 55°27'26" EAST, FOR A DISTANCE OF 1415.48 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED TRACT OF LAND LIES IN SEMINOLE COUNTY, FLORIDA AND CONTAINS 4,240,453 SQUARE FEET OR 97.347 ACRES MORE OR LESS.” Neighborhood Public Street Improvement Agreement City of Winter Springs Page13of14 EXHIBIT B Street Lights Neighborhood Public Street Improvement Agreement City of Winter Springs Page14of14 SLS-001 www.duke-energy.com 1 of 3 Drawing No. APRIL 2018 AS SHOWN TUSKAWILLA, FLORIDA D.MONET Designer Scale TUSKAWILLA CROSSINGS Date SUBDIVISION LIGHTING LAYOUT PRELIMINARY ÐÔßÇÙÎÑËÒÜ ÚËÌËÎÛ ÎÛÝÎÛßÌ×ÑÒ ÐßÎÕ×ÒÙ ÚËÌËÎÛÝÛÒÌÛÎ ÝÑÓÓËÒ×ÌÇ ÚËÌËÎÛ ÚÑÎ ÐÑÑÔ Y A W L I A A T Y R SE I L V L A ( ) C' ' ÑÐÛÒÚ×ÛÔÜ ÐÔßÇ ÚËÌËÎÛ ÐßÎÕ ÜÑÙ )J'' ELLA( Y NC OMMO S OOF HTAPT RIVERWALK (ALLEY TRAIL 'I') A LL WI KA US T G SIN OS CR E RIV D T REE ST ( ) 'A' )' F' YE LLA( SS AP M HTA P U GNI KIH T E R Y OE A L B L RL ) O A A' D G ( ' R ) E ' A P ' CR OSS COUN TRY PATHW AY (A LLEY 'B') )'D ' TEE RTS( EN AL SSE NTI F Y A W E K I B )E'' Y ELL A( ENA L EDA LB REL LOR ) ' B ' T E E R T S ( E V A E L Y T S E F I L Photometric Design: L.Hargrove