HomeMy WebLinkAboutChau Family Holdings LLC, Winter Springs Medical Office Development Agreement 2020 11 16 Grant Maloy, Clerk Of The Circuit Court&Comptroller Seminole County, FL
Inst#2020134813 Book:9768 Page:982-995; (14 PAGES) RCD: 11/23/2020 8:28:58 AM
REC FEE $120.50
THIS INSTRUMENT WAS PREPARED BY
AND SHOULD BE RETURNED TO:
Anthony A.Garganese
City Attorney of Winter Springs
Garganese, Weiss,D'Agresta&Salzman,P.A.
111 N.Orange Avenue, Suite 2000
Orlando,FL 32802
(407)425-9566 FOR RECORDING DEPARTMENT USE ONLY
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DEVELOPMENT AGREEMENT
Winter Springs Medical Office
THIS DEVELOPMENT AGREEMENT ("Agreement") is made and executed this
61 day of JJr , 2020, by and between the CITY OF WINTER SPRINGS,
a Florida Municipal Corporation ("City"), whose address is 1126 East S.R. 434, Winter Springs,
Florida 32708, and CHAU FAMILY HOLDINGS III, LLC, a Florida Limited Liability
Company, whose address is 1287 Semoran Boulevard, Suite 200, Orlando, FL 32807.
WITNESSETH:
WHEREAS, Developer is the owner of approximately 5.15 acres, more or less, of real
property located west of the intersection of Hacienda Drive and SR 434, in Winter Springs,
Seminole County, Florida, zoned C-1 (Neighborhood Commercial) more particularly described
herein("Property"); and
WHEREAS, Developer has applied for Final Engineering/Site Plan Approval, Aesthetic
Plan Approval for the Medical Office, Specimen Tree Removal, and certain Waivers from the
City Code in order to construct a Medical Office, Assisted Living Facility, and Retail building on
the Property in a phased development; and
WHEREAS, pursuant to Chapter 20 Zoning, Article II, Division 1, Section 20-29.1 of
the Winter Springs City Code ("City Code"), a community workshop for the Project was held on
August 13, 2019; and
WHEREAS, S.;ction 20-29(c) of the City Code requires that all site plans and waivers
shall be binding on the use of the subject property and, further, that as a condition of approval by
the City Commission, all development projects requiring a community workshop pursuant to
Section 20-29.1 of the City Code shall be required to be memorialized in a binding development
agreement; and
DEVELOPMENT AGREEMENT
City of Winter Springs and Chau Family Holdings 111,LLC
Page,1 of 14
Book 9768 Page 983
Instrument#2020134813
WHEREAS, this Development Agreement shall be recorded against the property so that
the terms and conditions of approval related to the Project shall run with the land; and
NOW THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties mutually agree as follows:
1.0 Recitals. The foregoing recitals are true and correct and are hereby incorporated
herein by this reference.'
2.0 Authority. This Agreement is entered into pursuant to the Florida Municipal
Home Rule Powers Act.
3.0 The Property. The real property subject to this Agreement has a tax parcel
identification number of 34-20-30-5AW-0000-048A and is legally described in EXHIBIT "A",
attached hereto and fully incorporated herein by this reference ("Property"),
4.0 Proiect Description and Requirements. Developer shall, at its expense,
design, permit and construct a Medical Office, Assisted Living Facility, and Retail Building in
three phases on the Property, for a total of 65,970 square feet of building space, and supporting
infrastructure, stormwater pond, parking lots, and landscaping.
(Hereinafter the project description and requirements are referred to as the "Project").
Given the intent to de-,W;lop the Property with these three primary uses, the "Overall Master Site
Plan", Sheet C-5A of the Final Engineering Plans, attached hereto as EXHIBIT "B" for
convenience and incorporated herein by this reference, depicts three "Development Areas": (1)
Development Area 1 (Medical Office), (2) Development Area 2 (Retail Building), and (3)
Development Area 3 (Assisted Living Facility). These Development Areas do not correspond or
relate to the sequence of the phasing of the Project or the extent of infrastructure to be developed
in each phase, which is described below in Section 4.1. The Developer has no current plans to
subdivide the Property, and the Development Areas depicted represent only future building sites
for each of the primary uses rather than separately-owned lots.
The Developer shall construct the Project in a manner consistent with the approved Final
Engineering/Site Plans, Aesthetic Plans, and Waivers that are on file with the City with the
following file numbers and consistent with the requirements contained in this Agreement:
File Nos: ZP2018-0015 Final Engineering/Site Plans, AE2020-0009 Aesthetic
Review, WA2020-0020 Waiver
4.1 Phasing. The Project shall be developed in three phases as described
and outlined in the "Overall Master Site Plan," Exhibit B. Phase One of development shall
include the construction of a 10,190 square-foot medical office in Development Area 1, fifty (50)
parking spaces, two access driveways from SR 434, internal drive aisles connecting the access
DEVELOPMENT AGREEMENT
City of Winter Springs and Chan Family Holdings III,LLC
Page 2 of 14
Book 9768 Page 984
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driveways and surrounding the medical office, all utility infrastructure for the Project and stub-
outs to each Development Area, stormwater pond, wall along the southern boundary of the
Property, and certain landscaping as identified in the site landscaping plan. With respect to tree
replacement, the Developer shall be required in Phase One to plant at least 639 credits of new
trees, with the remaining 150 credits to be placed in Phases Two and Three. Developer shall
receive building permits and substantially commence vertical construction of buildings for Phase
One of the Project, which shall at minimum include building foundations, within one (1) year of
the Effective Date of this Agreement.
Phases Two and Three-of the Project shall include a 6,400 square-foot Retail Building and a 114-
bed, 49,380 square-foot Assisted Living Facility (ALF), and all remaining parking and
landscaping within each associated Development Area not already completed during Phase One.
The Developer has not identified the sequence of construction of the Retail Building and
Assisted Living Facility, but the Developer shall complete Aesthetic Review of each building,
obtain building permits, and substantially commence vertical construction, which shall at
minimum include building foundations, of all buildings in Phases Two and Three within five (5)
years of receiving certificates of- ccupancy for Phase One.
If the Developer fails to obtain such building permits, aesthetic approvals, and commence
vertical construction within the aforesaid timeframes above, the City shall have the right to
declare the Developer in default pursuant to Paragraph 22.0 of this Agreement. If the Developer
does not cure the default within the cure period, the City shall have the right, but not obligation
to, terminate this Agreement without penalty.
4.2 Specific conditions of approval. Specific conditions of approval for the
above-referenced Final" Engineering Plans, Aesthetic Plans and Waivers, include the following,
which are also addressed in the staff report for the Final Engineering/Site Plans, Aesthetic Plans,
and Waivers:
A. A Cross:Access.Easement, Shared Parking Agreement, and Utilities and
Drainage Easements shall be approved and provided to the City prior to the approval of any
future lot split or subdivision of the Property. Shared parking between Development Area 1
(Medical Office) and Development Area 3 (Assisted Living Facility) shall be required in the
event the applicant splits or subdivides the Property. Should the parties ever mutually desire to
terminate said Easements and Shared Parking Agreement, prior to executing such termination,
the Parties shall seek and receive consent from the City of Winter Springs and obtain an
amendment to the site plan.
B. The Developer shall be required to stub-out a common driveway access to
the adjacent parcel, Parcel ID 34-20-30-5AW-0000-048D, for future connection to that parcel
either prior to receiving a certificate of occupancy for the Development Area 2 (Retail Building)
or upon the development of the adjacent parcel, whichever occurs first. Further, should the
adjacent property owner ever develop that parcel, the Developer agrees it shall enter into a Cross
Access Easement with the adjacent property owner in a form satisfactory to the City subject to a
mutual cross access through the adjacent parcel. Should the parties ever mutually desire to
terminate said Cross Access Easement over the common driveway access, prior to executing
`` DEVELOPMENT AGREEMENT
City of Winter Springs and Chau Family Holdings III,LLC
Page 3 of 14
Book 9768 Page 985
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such termination, the Parties shall seek and receive consent from the City.of Winter Springs and
obtain an amendment to the site plan.
C. Upon completion of Phase One,.the Development Areas 2 and 3 shall be
graded, seeded; and mulched in preparation for future development. The Developer shall be
required to maintain the grass and vegetation in. Development Areas 2 and 3 prior to
commencement'of construction in these Areas.
D. Developer shall be required in Phase One to.plant at least 639 credits of
new replacement trees, with the remaining 150. credits to be placed in.Phases Two-and Three.
All required tree replacements in each Development Area shall be planted prior to the issuance.
of any .final certificate of occupancy -for any -building in such Development Area. Tree
replacements and landscaping shall be subject to the obligation,of ongoing-.maintenance and
replacement for the first two .years following:planting, at the Developer's expense, if the. City -
determines, after reasonable inspection, that .any tree or: landscaping has become severely .
diseased or damaged to the point that the viability of the tree or landscaping has been
significantly. compromised. In the. event that Developer fails. .to. perform the. necessary .
maintenance, repairs or replacements of any of the trees or landscaping,the City shall.have the
right, but not: obligation, to conduct said maintenance, repairs or replacements and.recover the.
actual cost thereof from the Developer. Prior to exercising that 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 may exercise its rights to maintain and replace at any time thereafter. The Developer. shall
additionally submit: (1) a $65,700.00 tree bank mitigation payment for trees.that are not possible
to replace on the Property; and (2) a Landscape Performance and Maintenance Bond in a form
acceptable to the City Attorney ensuring planting and installation 'of all required trees and
landscaping, including in all three Development Areas, should the Project or any individual
Phase be abandoned after the Property has been cleared and proper maintenance of the trees for
two (2) years after.planting. Given-the phased nature and lengthy duration of the.Project, the
Landscape Performance and Maintenance bond must have a duration that is automatically
extended, without notice to.the surety, for successive.periods until all landscaping:requirements
have been.completed-or be.provided in a similar form acceptable to the .City.Attorney. The tree
bank mitigation payment and Landscape Performance and Maintenance Bond shall be submitted
prior to obtaining.the first clearing and grading or building permit,whichever is earlier. The City
agrees that.it shall refund to Developer a portion of the tree bank mitigation.payment equivalent
to the value of any additional credits of-trees .planted within three (3). years of receiving a
certificate of -occupancy for Phase One, which are not currently included in the approved
Landscape Plan. The Developer shall not be eligible for tree bank mitigation payment refund if
-the additional trees are planted thereafter.
E. _ The 15' Utility Easement as referenced on Sheets C-5A2 and C=7A of the
Final Engineering Plans shall be.dedicated and an appropriate bill ofsale for the sanitary sewer
main and associated improvements shall be delivered to the City prior to the issuance of the
certificate of occupancy for Phase One in a form acceptable to the City Attorney. Upon
DEVELOPMENT AGREEMENT
City of Winter Springs and Chau Family Holdings III,LLC
Page 4 of 14
Book 9768 Page 986
Instrument#2020134813
completion and acceptance of the sanitary sewer main by the City, conveyance of the sanitary
sewer improvements shall be by bill of sale and free and clear of all liens.
F. The Final Engineering Plans shall be updated to provide a detail of the
potable water service line and the above-ground installation of an RPZ backflow prevention
assembly needs to be included and shown.
G. No building in the Project shall exceed a height of three stories.
H. The City Commission herein imposes certain use restrictions greater than
those otherwise specified in the C-1 zoning district to ensure any negative impacts of the
commercial development are minimized and to ensure the future development is compatible with
the surrounding uses. The following uses shall be permitted on the Property:
1. Animal hospitals and veterinary clinics (with no outside kennels)
2. Art supplies and picture framing shops
3.• Artists' (such as painters,:",sculptures, and-craft makers) studios
4: Cleaners, Alterations, Tailoring and Shoe Repair
5. Confectionary and ice cream stores (including outside dining)
6. Dance and music studios
. 7. Health and exercise clubs and athletic training facilities
8. Interior decorating and draperies
9. Office
a. Advertising Agencies
b. Attorney
c. Bookkeeper
d. Dental
e. Insurance
f Medical
g. Professional and Business
h. Title Companies
i. Travel Agency
10. Pet shops and grooming
11. Photographic studios
12. Restaurants and outdoor`dining; cafes
13. Retail uses as follows: .
a. Bakery
b. Bicycle
c. Bookstore
d. Hardware
e. Health Food
f. Florist
g. Office and Stationary Supplies
14. Retirement hordes, including nursing homes, assisted living facilities, and independent
living facilities
DEVELOPMENT AGREEMENT
City of Winter Springs and Chan Family Holdings III,LLC
Page 5 of 14
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Instrument#2020134813
15. Swimming pool sales, service and supplies
5.0 Future Permitting. The Developer shall be required to obtain Aesthetic Review
approval for Phases Two and Three, as well as building permits, as required by the Winter
Springs City Code. Future permitting schedules are as established in Section 4.1 above.
6.0 Representations of the Parties. The City and Developer hereby each represent
and warrant to the other that it has the power and authority to execute, deliver and perform the
terms and provisions of this Agreement and has taken all necessary action to authorize the
execution, delivery and performance of this Agreement. The Developer further agrees and
makes the following representations and warranties to the City:
A. The Developer is lawfully seized of the Property in fee simple and has full and lawful
authority to execute this Agreement and bind the Property as set forth herein.
B. The Property is free and clear of all mortgages and liens.
This Agreement will, when duly executed and delivered by the City and Developer, constitute a
legal, valid and binding obligation enforceable against the parties hereto. Upon recording of this
Agreement in the Public Records of Seminole County, Florida, the Agreement shall be a binding
obligation upon the Property in accordance with the terms and conditions of this Agreement.
Developer represents that it has voluntarily and willfully executed this Agreement for purposes
of binding himself and the Property to the terms and conditions set forth in this Agreement.
7.0 Successors and Assigns. This Agreement shall automatically be binding upon
and shall inure to the benefit'of the City'and 'Developer and their respective successors and
assigns. The terms and conditions of this Agreement similarly shall be binding upon the
Property, and shall run with title to the same upon being duly recorded against the Property by
the City.
8.0 Applicable Law; Venue. This Agreement shall be governed by and construed in
accordance with the laws of the State of Florida. The venue of any litigation arising out of this
Agreement shall be in Seminole County, Florida or, for federal court actions, in Orlando, Florida.
9.0 Amendments. This Agreement shall not be modified or amended except by
written agreement duly executed by both parties hereto (or their successors or assigns) and
approved by the City Commission.
10.0 Entire Agreement; Exhibits. This Agreement and all attached exhibits hereto
supersede any other agreement, oral.or written, regarding the Property and contain the entire
agreement between the City and Developer as to the subject matter hereof. The Exhibits
attached hereto and referenced herein are hereby fully incorporated herein by this reference.
DEVELOPMENT AGREEMENT
City of Winter Springs and Chau Family Holdings III,LLC
Page 6 of 14
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Instrument#2020134813
11.0 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 same shall not affect in any
respect the validity or enforceability of the remainder of this Agreement.
12.0 Effective Date. This Agreement shall become effective upon approval by the
City Commission and execution of this Agreement by both parties hereto.
13.0 Recordation. Upon full execution by the Parties, this Agreement shall be
recorded in the Public Records of Seminole County, Florida by the City. The Developer shall be
responsible for all recording fees associated with this Agreement.
14.0 Relationship of the Parties. The relationship of the parties to this Agreement is
contractual and Developer is an independent contractor and not an agent of the City. Nothing
herein shall be deemed to create a joint venture or principal-agent relationship between the
parties, and neither party is authorized to, nor shall either party act toward third persons or the
public in any manner, which would indicate any such relationship with the other.
15.0 Sovereign Immunity: The City intends to avail itself of sovereign immunity and
other applicable limitations on City liability whenever deemed applicable by the City. Therefore,
notwithstanding. any other provision set forth in this. Agreement, nothing contained in this
Agreement shall be construed as a waiver'of the Cit' right to sovereign immunity under section
768.28, Florida Statutes, or other limitations imposed'on the City's potential liability under state
or federal law. As such, the City shall not be liable under this Agreement for punitive damages
or interest for the period before judgment. Further, the City shall not be liable for any claim or
judgment, or portion thereof, to' aiiy'one person for,more than two hundred thousand dollars
($200,000.00), or any claim or judgment, or portion thereof, which, when totaled with all other
claims or judgments.paid by the: State or its agencies and.subdivisions arising out of the same
incident or occurrence, exceeds he sum of three hundred thousand dollars ($300,000.00).
16.0 City's Police Power. Developer agrees and acknowledges that the City hereby
reserves all police powers granted to the City by law. In no way shall this Agreement be
construed as the City bargaining away or surrendering its police powers.
17.0 Interpretation. The parties hereby agree and acknowledge that they have both
participated equally in the drafting of this Agreement and no party shall be favored or disfavored
regarding the interpretation to this Agreement in the event'of a dispute between the parties.
18.0 Third-Party Rights. This Agreement is not a third-party beneficiary contract and
shall not in any way whatsoever create any rights on behalf of any third party.
19.0 Specific Performance. Strict compliance shall be required with each and every
provision of this Agreement. •The parties agree that failure to perform the obligations provided
by this Agreement shall result in irreparable damage and that specific performance of these
obligations may be obtained by a suit in equity.
. DEVELOPMENT AGREEMENT
City of Winter Springs and Chau Family Holdings III,LLC
Page 7 of 14
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Instrument#2020134813
20.0 Attornev's Fees. In connection with any arbitration or litigation arising out of
this Agreement, each party shall be responsible for their own attorney's fees and costs.
21.0 Development Permits. Nothing herein shall limit the City's authority to grant or
deny any development permit'applications or requests subsequent to the effective date of this
Agreement in accordance with the criteria of the City Code and the requirements of this
Agreement. The failure of this Agreement to address any particular City, County, State and/or
Federal permit, condition, term or restriction shall,not relieve Developer or the City of the
necessity of complying with the law governing said permitting requirement, condition, term or
restriction. Without imposing any limitation on the City's police powers, the City reserves the
right to withhold, suspend or terminate any and all certificates of occupancy for any building,
trailer, structure or unit if Developer is in breach of any term and condition of this Agreement.
22.0 Default. Failure by either party to perform each and every one of its
obligations hereunder shall constitute a default, entitling the non-defaulting parry to pursue
whatever remedies are available to it under Florida law or equity including, without limitation,
termination of this Agreement, an action for specific performance, and/or injunctive relief. Prior
to any party filing any action as a result of a default under this Agreement, the non-defaulting
party shall first provide the defaulting parry with written notice of said default. Upon receipt of
said notice, the defaulting party''shall be provided a thirty (30) day opportunity in which to cure
the default to the reasonable satisfaction of the non-defaulting party prior to filing said action.
23.0 Termination. The City shall have the unconditional right, but not obligation, to
terminate this Agreement, without notice' or penalty, if Developer fails to receive building
permits and substantially commence vertical constructiori of buildings in accordance with the
timelines established in Section 4.1. The Developer may apply to the City Commission for an
extension of this Agreement, which may be granted upon good cause shown. In addition, the
City shall have the right, but not obligation, to terminate the Agreement if Developer
permanently abandons construction of the Project, provided, however, the City shall first deliver
written notice and an opportunity to cure to the defaulting party as set forth in Section 22.0
above. If the City terminates this Agreement, the City shall record a notice of termination against
the Property in the public records of Seminole County, Florida.
24.0 Indemnification and Hold Harmless. Developer shall be solely responsible for
designing, permitting, constructirig,.operating and maintaining this Project. As such, Developer
hereby agrees to indemnify, °`release, and Bold harmless the City and its commissioners,
employees and attorneys from and :against -all claims, losses, damages, personal injuries
(including, but not limited to, death), or liability (including reasonable attorney's fees and costs
through all appellate proceedings), directly. or indirectly arising from, out of, or caused by
Developer and Developer's contractor's and subcontractor's performance of design, permit and
construction, and maintenance activities in furtherance of constructing the Project and
maintaining the improvements of this Project. This indemnification shall survive the termination
of this Agreement.
25.0 Force Maieure. The parties agree that in the event that the failure by either party
to accomplish any action required hereunder within a specified time period ("Time Period")
DEVELOPMENT AGREEMENT
City of Winter Springs and Chau Family Holdings III,LLC
Page 8 of 14
Book 9768 Page 990
Instrument#2020134813
constitutes a default under the terms of this Agreement and, if any such failure is due to any
unforeseeable or unpredictable event or condition beyond the control of such party, including,
but not limited to, acts of God, acts of government authority (other than the City's own acts), acts
of public enemy or war, riots, civil disturbances, power failure, shortages of labor or materials,
injunction or other court proceedings beyond the control of such party, or severe adverse weather
conditions ("Uncontrollable Event"), then, notwithstanding any provision of this Agreement to
the contrary,that failure shall not constitute a default under this Agreement and any Time Period
proscribed hereunder shall be extended by the amount of time that such party was unable to
perform solely due to the Uncontrollable Event. The extended time period shall be agreed to in
writing by the parties and said agreement shall not be unreasonably withheld by either party.
26. Notice. Whenever either party desires to give notice to the other, notice shall be
sent by hand delivery or certified mail,return receipt requested, and shall be sent to:
For the City:
Shawn Boyle, City Manager
City of Winter Springs
1126 East S.R. 434
Winter Springs, Florida 32708
With additional notice to:
Anthony A. Garganese, City Attorney
Garganese, Weiss,D'Agresta& Salzman, P.A.
111 N. Orange Avenue, Suite 2000
Orlando, FL 32802
For Developer:
Chau Family Holdings III, LLC
1287 N. Semoran Boulevard
Suite 200
Orlando, FL 32807-3530
Either party may freely modify their respective contact person and address contained in
this Paragraph by providing written notice of the modification to the other party. Any Notice
given as provided herein shall be deemed received as follows: if delivered by personal service,
on the date so delivered; and if mailed, on the third business day after mailing.
27.0 Assignment. Prior to completing the construction of the Project and reaching
final build-out of the Project, Developer shall not assign this Agreement without the prior written
DEVELOPMENT AGREEMENT
City of Winter Springs and Chau Family Holdings IIl,LLC
Page 9 of 14
Book 9768 Page 991
Instrument#2020134813
consent of the City. Such assignment shall also require the written approval of the City by
amendment to this Agreement, which shall not require a public hearing and shall not be
unreasonably withheld. However, Developer shall be entitled to assign its rights and obligations
under this Agreement to a parent, subsidiary, or affiliated entity in which Developer or its
members are members or interest holders without City consent, provided that the City is given
notice of such assignment in accordance with Section 26.0 herein. Any assignment authorized
by this subparagraph shall require the assignee to be a formal signatory to this Agreement and
fully assume all of Developer's obligations, commitments, representations, and warranties under
this Agreement. In any assignment, the rights and obligations contained herein shall be binding
on successors in interest to the Property, and the terms and conditions of this Agreement shall
bind and inure to the benefit of the parties hereto and any respective successors and assigns.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seal on the
date first above written.
es O jr CITY OF WINTER SPRINGS
INC
o . By:
? a Char Lacey, or
A'•• ��L ,•; `' Date: l 1 ICo�Zozo
ATTEST: ->,Y
By:
Christian Gowan, City Clerk
APPROVED AS TO FORM AND LEGALITY
For the use and reliance of the City of Winter Springs,
Florida only.
CITY SEAL Date: !/ )1P
By:
Anthony A. Garganese, City Attorney for
the City of Winter Springs, Florida
STATE OF FLORIDA
COUNTY OF SEMINOLE
The foregoing instrument was acknowledged bef re me by means of ( ) physical
presence or(___) online notarization, this 1.I day of b V nn , 2020,by Charles Lacey,
Mayor of the City of Winter Springs, Florida, a Florida municipal corporation, on behalf of the
corporation, who is ersona own to me or produced
as identification.
DEVELOPMENT AGREEMENT
City of Winter Springs and Chau Family Holdings III,LLC
Page 1 o of 14
Book 9768 Page 992
Instrument#2020134813
(NOTARY SEAL) I 1
(Notarybl Pu ' ignature)
(Print Name)
40 Notary Public state of Florida Notary Public, State of ELOYi Gt a-
f � Trison M Motter
4 � MY Commission GG 053677 COmm1SSlOri No.: �, ^
Expires 02/0212024 My Commission Expires: _
Signed, sealed and delivered in the CH F ILY HOLDI S III,LLC
presence of the following witnesses:
Print name and title: E�� Jam C Ct I @yy\��
ature of Witness Date: lao -ac
Printed Name of Witness
Signature o6Witness
Printed Name of Witness
STATE OF
COUNTY OF /
The foregoing instrument was acknowledged before me by means of (�� physical
presence or (__) online notarization, this _ day of , 2020,
by_n 1__(u n C Qu, the �� of Chau Family Holdings III, LLC, a
limited liability company, on behalf of the company, who is personally known to me or produced
"►erg t,j QA yam_ as iden ' tion.
(NOTARY SEAL)
(Notary M1c Signature)
Andria G.Clark
if, as
NOTARY PUBLIC (Print Name).
VEIP
STATE OF FLORIDA Notary Public, State of 1Ortao' _
Comm#GG270252 Commission No.: C of`7 Q oZ Expires 2/1812023 My Commission Expires: \
DEVELOPER.-IS HEREBY ADVISED THAT SHOULD DEVELOPER FAIL TO
FULLY EXECUTE, AND DELIVER TO THE CITY, THIS AGREEMENT WITHIN
THIRTY (30) DAYS FROM THE DATE THAT THE CITY COMMISSION APPROVES
THIS AGREEMENT, THIS AGREEMENT, AND THE DEVELOPMENT PERMIT
DEVELOPMENT AGREEMENT
City of Winter Springs and Chau Family Holdings III,LLC
Page 1 I of 14
Book 9768 Page 993
Instrument#2020134813
APPROVALS REFERENCED HEREUNDER, SHALL AUTOMATICALLY BE
DEEMED NULL AND VOID.
DEVELOPMENT AGREEMENT
City of Winter Springs and Chau Family Holdings III,LLC
Page 12 of 14
Book 9768 Page 994
Instrument#2020134813
EXHIBIT A
PROPERTY LEGAL DESCRIPTION
LEGAL DESCRIPTION -WINTER SPRINGS MEDICAL OFFICE
THAT PARTOF LOTS 48 AND 49,.ENTZMINGER FARMS ADDITION NO. 2,AS RECORDED IN PLAT BOOK 5;
PAGE. 9, PUBLIC RECORDS OF SEMINOLE COUNTY_FLORIDA, DESCRIBED AS FOLLOWS: FROM THE
INTERSECTION OF THE SOUTHERLY RIGHT OF WAY LINE OF STATE ROAD NO.:434 AND THE EASTERLY
RIGHT OF WAY LINE OF MOSS ROAD; RUN SOUTH 88'23'42".EAST ALONG SAID SOUTHERLY RIGHT OF
WAY.LINE.OF STATE ROAD NO: 434 A DISTANCE OF 999.34 FEET TO'THE POINT OF CURVATURE OF A
CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 1330.00 FEET;THENCE RUN EASTERLY ALONG
THE ARC OF SAID CURVE-343:80 FEET THROUGH A CENTRAL ANGLE-OF 14"4838" FOR.THE POINT OF
BEGINNING; THENCE CONTINUE EASTERLY ALONG THE ARC OF SAID CURVE 96.35- FEET THROUGH A
CENTRAL ANGLE OF 04°09'03" TO THE POINT OF TANGENCY; THENCE RUN NORTH 72°38'37" EAST
759.88 FEET; THENCE LEAVING SAID:SOUTHERLY RIGHT OF WAY LINE OF STATE ROAD NO. 434, RUN
SOUTH 17°21'23" EAST, 21.40 FEET; THENCE NORTH 72°38'37" EAST,.34.00 FEET; THENCE SOUTH
17°21'23"EAST, 17:3.60,FEET; THENCE SOUTH 32°36'44" EAST, 57.01 FEET; THENCE SOUTH 72°38'37"
WEST 808.88 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE.NORTHERLY AND HAVING A.
RADIUS OF 1580.00 FEET; THENCE RUN' WESTERLY ALONG THE ARC OF SAID CURVE 114.46 FEET
THROUGH A CENTRAL ANGLE OF 04°09'03" TO A POINT; THENCE LEAVING SAID. CURVE.RUN.NORTH
13012'20"WEST.250.00 FEET TO.THE.POINT OF.BEGINNING,
TOTAL AREA-CONTAINS 224,508 SQUARE FEET OR 5.1539 ACRES MORE OR LESS.
DEVELOPMENT AGREEMENT
City of Winter Springs and Chau Family Holdings III,LLC
Page 13 of 14
Book 9768 Page 995
Instrument#2020134813
EXHIBIT B
OVERALL MASTER SITE PLAN
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DEVELOPMENT AGREEMENT
City of Winter Springs and Chan Family Holdings III,LLC
Page 14 of 14