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HomeMy WebLinkAboutWinter Springs Golf, LLC (Florida Country Clubs, Inc.) Settlement Agreement and First Amendment to Settlement Agreement - 1994 r THIS INSTRUMENT PREPARED BY AND RZTURNBb TO: _ � FRANK C.KRUPPENBACHER&SQUM m p K T 340 NORTH ORANGE AVENUE 3 ORLANDO,FLORHIA 32MI r��- M o _ Ln n f.. C- -ABOVE SPACE FOR RECORDING INFORMATION ONLY— C30 NOTICE OF RECORDATION OF FINAL ORDER APPROVING SETTLEMENT a' o AGREEMENT AND AMENDED SETTLEMENT AGREEMENT NO. 1 THE CITY OF WINTER SPRINGS,by and through its urdersigned City Manager,hereby places of public record m and for the Public Records of Seminole County, Florida,that certain Final o Order Approving Settlement Agreement and Amended Settlement Agreement No. I dated April 21, c 1994,together with the Settlement Agreement attached thereto,dated lune 16, 1993,with Exhibits attached thereto,and the Amended Settlement Agreement No. i dated April 14, 1994,with Exhibits attached thereto,all of which are attached hereto as Composite Exhibit"A". The Final Order,the Settlement Agreement, and the Settlennent Agreement No. 1 pertain to rn that certain parcel of land previously Known in the Agreements as Lot 17,and now know as Lot 13, c per the Plat thereof, at Plat Book 50,Pages 42-50, Public Records of Seminole County,Florida. co Attest: CITY OF WINTER SPRINGS — A Municipality of the State of Florida =++T r+, By: cc Mr- Print AIAA&o AL Title CITY CLERK By. Print Title_ CITY MAAAGER`ti \v Signed, Sealed and Delivered in the Presence of: s, nt rat a 1 lad%via i e� s Pnnt Sown„�, l�1cLw '• -.? x a i i r STATS OF FLORIDA COUNTY OF SEKINOLE There Ding instrument eras ac owledged before me this 1g day of o , 1996, by . MG and , and I , respectively, of THS CITY OF WINTER SPRINGS, FLORIDA, a municipalityof the State of Florida, on behalf of the s City. They are (Personallyown o or have produced as identification. — � My Commission Expires: Notary Public Name: jV%&,r gj-Up, R. 3eArLk&N--%s Mir Crrwi�l�OCA��OM� * * �•ar+-oto er�wrr�wa � «ri!I#f 4004rsres w i _ 0 N O z N � n � ' T i i i .rr-r. �• '43 1'2:20i;M TCEP P•�'13 COMPOSITE EXHITIT "A" IN THE CIRCUIT COURT OF THE EIGHTEENTH JUDICIAL CIRCUIT IN AND FO_ R_SEM.INOLE COUNTY, FLORIDA s FLORIDA COUNTRY CLUBS, INC., (::CASE:NO. 31-244-CA-16-K a Florida corporation, - I vs. THE CITY OF QVIZTT SPRINGS, a w Florida municipal corporation. o FINAL ORDER APPROVLNG SETTLEMENT AGREEMENT AND rn ATNF DED SETTLEIMi T AGRFY.N NT N0. 1dn — T This :natter came before the Court this of 40r� 1384, for the purpose ofc-n.� approving the proposed Settlement Agreement, and the Amer.dment Settlement Agreement No. 1, and revised Master Plan for the Tuscawiila Planned Unit Development (he.-eiraf3er "Settlement Agreemt'), entered into by and between Florida Country Clubs, Inc. (hereinaizer "FCCI"), and the City of Winter Springs,Florida, a Florida municipal corporation(hereinafter°The City"). Plaintif% FCCI and the Defendant, The City, have entered into and executed the Settlement Agreement and Amended Settlement Agreement No. 1 to settle and resolve the above-captioned case. The Settlement Agreement and Amended Settlement Agreement No. 1 are attached hereto and incorporated herein by reference. The Court has considered and reviewed all proper and relevant matters presented at the hearing. the Joint Morton ofthe paries in support of final approval of the Settlement Agreement and Amended Settlement No. 1. Upon consideration of the foregoing, the Court enters its Final Order as follows: 4 3 Fret 't4 12:20AII TCL._.F P. 3 • � X13 1. The Settlement Agreement and the Amendment Settlernant Agreement No. 1 are hereby APPROVED. 2. This Fumal Order Approving Settlement Agreement and the Amendment Settlement Agreement No. 1 shall, in all respects,be self-effectuating and shall become fully effective as of the date hereof 3. Any party to this action may apply to the Court for further Orders astray be necessary — or appropriate for the construction, implementation or enforcement of this Final Order Approving w Settlement Agreeerneat or the Settlement Agreement and the Amendment Settlement Agreement NOA 0 1 ; C=31 attached hereto and incorporated herein by referenced. rn - ?: C-) -. 4. This Final Order shat be permanent and shall remain and be fully enforceable by tek s parties and their successors in interest in the Circuit Court of the Eighteenth Judicial Court in and for i Seminole County,Florida. 5. This Court expressly retains jurisdiction to enforce any provision of this Final Order or the Settlement Agreement and Amendment Settlement Agreement No. 1 upon application by a parry to enforce the terms of this Final Order Approving Settlement Agreement or to enforce the terms of the Settlement Agreement and Amendment Settlement Agreement Na. 1 attached hereto and incorporated herein by reference. s'r }} DONE AND ORDERED this day of t 1994, in Chambers at Sanford, Seminole County, Florida. f W SEquOUR BENSON Circuit Judge E 3 SETTLEMENT AGREEMENT { • 'THIS SETTLEMENT AGREEMENT (the "Agreement"), is made and entered into as of r April 1993, by and between FLORIDA COUNTRY CLUBS, INC., a Florida corporation ('FOCI"), and the CITY OF WINTER SPRINGS, a Florida municipal corporation (the "CITY") W ITNES_SETH: WHEREAS, on October 11, 1971, the Village of North Orlando, Florida, predecessor to the CITY. adopted Ordinance Number 64 (the "Annexatlon Ordinance'), a copy of which is attached hereto and incorporated herein as Exhibit "A", which Annexation Ordinance annexed certairk,, O property commonly known as the Tuscawilla Planned Unit Development (the 'Tuscawilla PUE );o WHEREAS, the Annexation Ordinance provided for the development of the Tuscawilla PXD CDn based upon an overall development plan/map (a copy of the Tuscawilla PUD plan/map, referrodator•, ! rt herein as the "Original Plan". is attached hereto and incorporated herein as Exhibit 'B'; '= WHEREAS. subsequent to the Annexation Ordinance,- the Tu3cawilla PUD was developed in accordance with the Original Plan, subject to certain amendments which redesignated the uses of r several parcels; WHEREAS. portions of die Original Map were revised in accordance with a Settlement Agreement dated September 11, 1990 and an order of the Circuit Court of Seminole County dated March 25, 1990, resulting in the current official map for the Tuscawilla PUD, a copy of which is attached hereto and incorporated herein as Exhibit "C" (the 'Current Plan"); and WHEREAS, on lune 5, 1986,the Florida Department of Community Affairs determined that the Original Plan for the Tuscawilla development was vested pursuant to Section 380.06(20)(a), Florida Statutes; WHEREAS. on September 27. 1997, FOCI acquired approximately two hundred forty-three r c (243) acres of land (the "FOCI Property" which is legally described on Exhibit "D" attached hereto q and incorporated herein) within the Tuscawilla PUD; t s y 10, "• ;"� ;� } - EAS. the FCC: Property, being part of the 7liscaw hla PUD is subject to of the Annexation ordinancjere ce and the Original Pian, as amended y - ' .followithe gg as-shown on the Original Plan: hiQes - � • Approximate l Iy one hundred ninety(190)acres currently improved with a Course. club house and related uses. Pelf • Ten (I0) acres for -gam fie. uses, Approximately twelve , • (12) acres for condominium �•; and Approximately thirty (gp) aces which were not specified as to use a M O° aP: r ry m WHEREAS. in 1988. FCCI submitted to theCjTyplass.for the ' c �- pmvement of a porGu� c,, of the FCCI RAY with a clubhouse. the has 'Ln �- was P *Pro�;.by:tbe CrrY. and in 1989, thechdihom. 'n m eructed; WHEREAS. In member. 1990. FCC, { t°I*QTY staff(who referred it to the CITY'S filet and Zuni f � Board) a plan for the developmtant of one-hundred fi fty (fes gum and a pnposai for one hundred twenty (120) *)ndomini UME Alproposed; _ WHEREAS. the C,Ty's Planning and Zo g Board refused to consider FCCI's proposal {' for dordopnft"t of guest couages/condominiums and directed FCCI Council; to present its Ian to the CI Ty HFREAS, FCC,submitted its plan to the CITY ; Council and on June I0, 1991, the CITY Coundl denied FCCI's right to construct either guest '? cottages or condominiums; WHEREAS. FCCI filed a Verified Complaint for Declarato Judgment gment and a Petition for j Writ of Mandamus in the Circuit Court of Seminole County. Florida In the case Styled Ids . (Case No, 91-2244-CA-I& . K) (the L.awsuIt ), ` i i atr�as�, 2 WHEREAS, on Marcli 18, 1992, theC . lrcult Court of Seminole s County. Florj&enered an 1eferriog the Parties in ft Lawsuit to mediation; ' f •1 Tt J _ ' r WHEREAS, in an attempt to resolve the issues surrowudingthe Lawsuit, FCCI and the C1"FY ` mediated the lasues Involved In the litigation on May 5. 1992; . WHEREAS. during the course of the mediation. FCCI and the CITY agreed to the nwlutio Of the n Lawsuit; _ w Cnp WHEREAS, the CITY has determined thait it is in the best ingerests of it and its C � settle the i,anvsuitz by adoption of this Agreement which will promote the health r • salety and wepare t of the citlzns of the CITY; Q — WHEREAS, the terns of this Agreement have bean reviewed by the CITY s staff and Nodcc of Intent to Consider this Agreement has been property Published sad pven:and flus Age has been properly adopted; WHPRE" further approvals will be required to. e t�Agreement in the - form of *m=A4ment2 to the Comprehensive Land Use Plan.Map and :he-71uscnWjl1a PUD Map, as well as approvals pursuant to other local, state and federal rules and regutationi (the gFurther Approvals')- and WHEREAS, if the court order approving this Agreement declares that the Proposed Plan for A the 7lsscawitla PUD is vested against the CITY's Comp fehewive Plan and implementing land development regulations. said declaration shall govern the CITY's actions with regard to the Further r . Approvals; and WHEREAS. the CITY represents that the CITY has standing and jurisdiction to enter into x this Agreanent;this Agreement Is valid and bind , irtg; and that, subject to the court s order of vested rights and to the Further Approvals and other conditions hereof, this Agreement is in accordance With the C1TY'3 Comprehensive Land Use Plan and development regulations. e J M is BCCI represents that it is a Flocjda cpf�Or�Op�thprjZEd m to do business the. :,. Of Florida and that it has taken all R r necessary c9 porate audon to authorize the execution of this s _ i bJames R. Mikes, a, Prsident. and that tnhe,A..k eenesis binding pa FM. { NOW. THEREFORE in - � " consideration of the. - _ above.recitals and the Offer - � , _ .• _ .. won and ti►aletabk o°'asiderAtion, the receipt and sufficiency which are hereby acicrhvwkdged, FCCI and the CITY .. ' hereby agree as follows: rn Il. The foregoing recitals arc true and oorr!c and accurately rep the " ^� resew �s allecting the 'Ihscawilla PUD as of the date hetcof, and such recitals are expressly iaoorpo�ed-'- : �, herein nerd fOrw an integral part hereof. a, a - rn 2. Attached as "Exhibit 'E" are legal descriptions of eight (l) parcels within the FCCI� Property (referred to as 'Parcels One through Eight'. respectlvely. or singularly as a "Parcel" or, where reference is to more than one of the Parcels, as -Parcels', which shall be vai .,1. kcLively referred -. _�: . .T - to as the *Development Property-). The FCCI Pto perry described In Exhibit ODO, less and except the Development Property. shall be known as the 'Golf.Property". ,. 3- Also included as part of "Exhibit 'E" are eight(8) con • .cepwal Plans (reduced in size from the originais maintained in the records of the CrrY) for the development and platting of the : :n. Developuna Property as sixty-nine (69) single-family lots (the *Conceptual Plans"). Subject to the Fur7her Approvals. the Development Pro ; petty chap hereafter be developed with sixty-nine (69) suhgk-family.detached residences on lots as generally depicted on the Conceptual Plans and the new plan for the T uscawiila PUD which incorporatesthe Conceptual ,Plans Into the Current Plan (the , F....._• r-. .. 'Proposed Plan') attached hereto and Incorporated herein as Exhibit "F'. No other portions of the >'CCI Property shall be developed for single-family. multi-family, hotsUtnotel, guest cottages, or other residential uses, �xc 4 } ........... The Conceptual Plans have boon reviewed-liy'die &y'e'itaff and. iubj;a to the APpE'ovale.shall constitute acceptable copplau`farbof sin.g.le�fa-m,ity' :. acknowledges that it shall be required to secure ih-e'FAppcovals and that It must comply 1 w with the applicable CITY Codes for approval of prellmInary and final engineering PlinVand plats: 3 FCCI may complete at its discretion and on its schedule, dw preliminary and lois! engineering for the respective Parcels and shall submit such prelunlnary and finalengithaering plots and pbei F M Y for applicable review and approvals a _ aPF C bring understood that enp,Ineeriiig plan, and ply' - be submitted for individual or multiple parcels). The CITY a'Vws so eipedite and accoormod i*3 ; and review fortes as - -- ' - . P��' p quickly as cati reasonably be coos: The CITY steps required to effectuate this Agreement and to ro 's ''" p raptly review all pplications for daveloZw M of the Development Prop" in accordance with this'Agreeiaerir. 5. The FCCI Property is subject to those Effluent Disposal Easement Agreements between Winter Springs Development Corporation and Seminole Utility Company filed in Offhcial Records Book 1704, page 1179 and Official Records Hook1892 - ' . Fags 72,of the Public Records of Seminole County. Florida (the "Effluent Easements'). The Effluent Easements permit the CITY to spray up to nine hundred forty-three thousand(943.000)gallons per day of effluent on the open areas of the FCCI Property, Approximately one hundred forty (140)acres are needed to dispose of such quantities of effluent. To the extent of the CITY'i legal authority'to do so, the CITY shall release the Developtaaht Property from the Effluent Easements at the time that the final plat for each Parcel is approved by the CrrY, provided FCCI shall at all times'shake available t6 the CTIy not lesi than one hundred forty (140) acres for effluent disposal on the Golf Property. FCCI shall install such Wits as are necessary to compensate the CITY for any effluent disposal lines and areas lost by virtue of the development of the Development Property. - i Q17Q3M 5 it is the intent of the CITY and FCCI to encourage and promote development of the Pmperty in accordance with this Agreeme "i.7berefore, the CITY and FCCI agree _ l . subject to the Further Approvals and compliance'with this.Agreernem a. FCCI shall be authorized to develop.the FCCI property In accordance.with ( `!Isis AVmm'*nL b. The Golf Property shall be used for the purposes of operation of-a country dub. golf coarse• tennis club, club houxJre>ta rt,;,golf and renals teaching and-trainiq&, ' r. tsrrilityls�cboouacaaemy (with no on-site residenc a), storm water dralrrage,rcustion and.dek*LvIP � •. ; liou.she.>kvc3opment property, effluent d �_• ;., isposal and related uses.; Seperat of the;Conoeptud Plans . depict lots on areas which are currently improved with the golf coarse and it Is understood dw?.! cn c� shall relocate the golf improvements so that the lots may be.wxommodatod in barmony with the&VIP course. FCCI may remove two tennis courts to accommodate the.lots In Parcel Seven and may, at its option,reconstruct them in another location selected by FCCI, subJect to approval of the location by the CITY. FOCI may create lakes, waterways and other easements on or over the Golf Property 4 to provide for stormwater retention,detention,and transmission.. FCCI may construct new buildings on the Golf Property. including the relocation of the course maintenance building, a golf academay WNW. new course restrooms and other facilities to accommodate its business as it may change in the future, and the existing cafe and tennis buildings may be relocated to other locations•in the area of the clubhouse, subject to the approval by the CITY of the locations of any new facilities: . C. Each Parcel shall be deemed to have met all requirrwet fou open qRM Qc site coverage. The Golf Property shall be taken into account as open space for development of the Development Property pursuant to the Conceptual Plans. ; ��=s =' d. The CITY shall cooperate with FCCI W rerriova or relocate aq CM o—wmd h r c;F casements on the Development Property at the expense of FCCI,-subject to'the`rwomtbbtllttxetioq L � VY� tt3RMI ; _ PAGE BOOK x i 3102 1364 SEMINCLE CO. FL. val of the CITY'a staff engineer, not to be unreouon@bly withheld. :FCCI nay use ark► or right-of-way of the CITY to make connection to CITY utility lines. subject so reasonable k val of the CITY'S utility director based on applicable rules,regulations,standards and policies. C. FCCI shall be permitted to construct cul de sac roads (as depicted on the is Wit•:al Plans) to service the lou in Parcels Seven and Eight, with only one entrance to each on Winter Springs Boulevard. FCCI may make curb cuss and have driveways for each lot on Winw Springs Boulevard and for each lot on Northern Way.-except for the lots in Parcel Scree, *Lich :shill have an interior cul de sac as depicted on the Conceptual Plan.: No turn or deukration Uses shag be required for Individual lots on Winter Spclags Boulevard and Northern Way. The streets _ to be constructed on Parcels Seven and Eight may at FCCI's option be either. (1)private with electric or manned security entrance gates. or (ii) publicly dedlcatecl;and maintained without security Sates. Even if they are private roads,they shall be constructed to CITY;standards for dedicated streets and FCCI shall provide emergency access as reasonably required by•the CI'T'Y. The CITY will not nobject to any roads in Parcel Eight being located within or,scross.areas subject to CITY easen ums. - - The streets may have landscaped islands located within;the turning circles of the cul de sacs. No sidewalks shall be required on any of the lots in Parcels Seven and Eight. r f. Subject to the reasonable requirements of the CITY's staff engineer,the storm r drainage retention required for the Development Property may, at FCCI's option, be provided on t the Golf Property (to serve the simultaneous purpose of an amenity for the golf cause) and maintained by the owner of the Golf Property. 4 7. The CITY acknowledges that the owners and developers of the Tuscawilla PUD have relied in good faith on the annexation of said property to the Cl"TY.and the approval of the Original Plan, amendments to the Original Plan and numerous permits and other approvals,authorizations and agreements by the CITY; and that they have Incurred substantial expenses and obligations le reliance *smut 7 ifiiCii;: diC�S�a BOOK PACT: 3 102 f 365 ,L 5E.UNCLE CO. FL. -c and that they have so substantially changed`their position=dig It would be ttn&W to development rights provided pursuant to 'the' oagirai Plan. ` 'IUe C1'I`Y;-furthff ad iowkdgea that the Proposed Plan, as compared to the Original Plan, Is less intensive and trcata kwer impacts in that the number of permitted dwelling units has been reduced from 9,636 to•8;085, . Y and the Commercial and Office acreages have been reduced feast 89'acres to 81.0 acres, ai-ibowR oa 1he'Compareson Matrix attached hereto as Exhibit "G': The CITY further scimml rises That the facts stated in this paragraph meet the standards for grantini'a Vested Rights Special Use Permit for c, the Pr0,p03ed Platt, subject to compliance with the p moulurai requumrnts of CiIY Otdinaotzto 1►In_ x •s 534, or the'approval of the Proposed Plan by i court order.'By its execution of this Settkuwat '- Agreement and its approval of the Proposed Fuhal Order, the CITY nxptesu approval by the court t. E of the Proposed Plan as a vested plan of development .��.fi�..i _ p velopisiatt as defined;in"CITY Ordinanoe•No. 534. ' 8. In the event of any conflict between this sari any other ordinarke,approval or similar matter regarding the Tuscawilla PUD or the FCCI Property;this Agreement shall control Ysad govern the rights and obligatioihs of the patties herno to the eluent perml:sibk it the law: 9: 'This Agreement is a compromisefir oft ryY* - claliris and the execution of this document is not to be construed as an adm6l6n against either FCCI or the CITY. Upon execution of this Agreement, the CITY and FCCI shall execute mutual releases for all matters involved In the Lawsuit in the form of Exhibit 'H" attached hereto. except that each party shall except its rights u E set forth herein. — 10. Upon execution of this Agreement and.ratification by the CTTY Council, FOCI and the CITY will petition the Court for entry of a Final Orden in the form attached hereto as Exhibit 'I' (the 'Proposed Final Order') and FCCI will dismiss the Lawsuit with prejudice. The Court, Lall wever, shall retain jurisdiction over this matter and specifically as to this Agreement. In order that disputes hereunder may be resolved by the Court,pursuant to such proceedings as the Court may raxh 8 i BOOK PAGE - 3102 1365 SCM19NOLE CO. FL. siyafl:be•esrtitied `o r in order to accomplish the foregoing. The pnevailiuL Ply. 1 and all`oosts and expenses. Including. but:not limned tes�abk attoc:teys}' fees, �w�nCsi fees and other professional fees and eiGi31 ` r' } : 11. 'lois Agreement shall imine to the bene5t of; sod'be bind titan,`i�CCI arid;the . .L'IT'Y,dicer respective beneficiaries. sucaessm sad assigns,aid any successor in title to FC'CI diad have all of the rights and obligations of FOCI as set forth In this Agreement. w 12. This Agreement contains the entire agreement of the Parties with respect to tine t _ matters involved in the Lawsuit as$et forth herein. Any changes,modification or amendownt to this Agiasrraeat shall only be binding upon the patties if in writing and Mee dad by FCCI+:nd the CITY, f•�. and adopted by a resolution of the CITY. 13. ' This Agreement shall be performed and come=t ed is accvrdarice with, and only'ta the extent permitted by, all applicable laws, ordinancesrales and regulations. if any provision of this Agreement or the application thereof to any person cicwtnfitarxsa 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. IN WPTNFM WHEREOF, FCCI and flee CITY.have executed this Agreement as of the date 'i f and year first above written. V. 1 Wiaxsus: 'FCCI' FLORIDA COUNTRY CL INC., a Florida:' fe4 ration IWAO 9y;' � - ` ami R. Mikes President IF i UhCUL RICUR)a BOOK PAGE_ 3 02 1367( SEMINGLE- CO. FL. OPY/Onms FLORJDA amrl By: A& As Its: Mayor V .... .STATE OF FLORIDA )SS. .COUNTY OF SEMINOLE viTile foregoing instrument was acknowledged before me this JAXA-day 993,b7 Famm R. Mikes, President of FLORIDA COUNTRY CLUBS1;7mC_-;a Fibrida*Zbiom�_, an b&df of said corporation. He is Pemagly: igum to me' bas Produced -take an 00h. as Identification and did/did not 29a. 49A0,4,774 AO Noiary P&fic Comminion No.: 6 6 0 (v My Comadision Ezpk%,t,",f pww,=^,cc#nozaa; AST Cj%;&jL=j*XrMS AP99L 0-1.1 STATE OF FWRIDA valicto usu 149mrs not )SS. COUNTY OF SEMINOLE Tim foregoing instrumnt was acknowledged b�:fore me this day 1993,by PHILIP.A. KULBES Mayor of-ft CM OF WIN=-'SPX[NGS, known FLORIDA. a Florida nmnicipal corporation,on b"f ofiald idi P-ioratioiql�'Hei .is to an or has prWuced ai idig"cation and did/did Of IM an BW- Notary PdbII6 Conunission No.: My Comminion Expires: 140TARY rumm STATE CoWgi ncg,"AT XT COMMSUM SWIM AAWW Zr, 1"4 60"DIM TWU AGAMM WMANT 8ROKIE'" LEGIRuTy URSA"ShWORY FOR @Sn%3dLI 10 i.HZIL r.."r.a E001< PAlu 102 13P This Mutual Release and Settlement Agreement (Agreement) is made and executed this_ day of . 1993, between Florida Country C1ubs,!1nc..("FCCI*) dad the Chy_of:yN'wer Springs, Florida (the "City'). WHEREAS, there is currently pending certain litigation whirl: involves the parties to this Agreement entitled FIorlda Countiv Clubs- Ing, vs. Cih► of Winter$mings, Seminole County Civil Case No. 91-224-CA-16-K (the Litigation"); and ' WHEREAS, within the Litigation, FOCI has asserted claims for damages against the City _ and the City has asserted counterclaims against FCCI; and WHEREAS, no party admits liability to any other party, nor.does any party admit or,. wAmowledge the truth of the allegations or defenses raised in the litigation; and WHEREAS, the parties have agreed to settle their. diffitrences without further costs or_ litigation pursuant to that certain Settlement Agreement between the parties of even date herewith(the "5atlemak Agreement"). NOW, THEREFORE, in consideration of the promises-and mutual covenants contained in the Semlement Agreement and herein, and other .good. and :valuable. conskkratkml'(the` 'Consideration'), the receipt and adequacy of which are hereby "now ged, the parties agree as, 1. In exchange for the Consideration to FCCI, FCCI and Its corporate predecessors and successors, assigns, shareholders, officers, directors, employees,-parent companies, subsidiaries, afriliates. agents and indemnitors, hereby forever release snd discharge,the City, its commissioners,,: . s t:mpbyeesaffiliates attorneys,, representatives, agents and inderruiitora, fromall claims,'4erttands dari6ges, both compensatory and punitive. debts, dues, eosta;r-attot�_eys' fees, action,t_6a action, whether arising at law or in equity, whether sounding in contract or in tort, wheilter 6msed on statute, contract, common law, rule or regulation, whether direct or consequential, liquidated or unliquidated, known or unknown, which FCCI now has or may have, for,upon or by reason of any matter. cause or thing whatsoever existing on or at any time prior to the date of this Agree with regard to the Litigation. - _ _ 2. The City and its commissioners,employers, affiliates;agents and Indemnitors,hereby forever release and discharge FCCI from any and all claims,:demands,damages, both compensatory and punitive. debts, dues, costs.attorneys' fees, actions and causes of action,whether arising at law or in equity, whether sounding in contract or in tort, whether based on statute, contract, common law, rule or regulation, whether direct or consequential, liquidated or unliquidated, known or unknown, which the City now has or may have, for, upon or by reason of any matter, cause or thing whatsoever existing on or at any time prior to the date of this Agreement with regard to the Litigation. asnamt ] CF MAL hiCOK2S - r •�t1K PAGE X102 1369 3. : Contemporaneous with the exeahtion ofFCCI shall ex&zte documeets required to accomplish dismissal sad shall dl&4M;m and witlwat costs,the entire Litigation. 4. This Agreement shall operate to foreve r.settle,.adjust and discharge all claims which - FOCI has or may have against the City, or i0hich the City has or mai' have against FCCI. with F regard to the Litigation. This Agreement shall be binding on and inure to the benefit of the t succ=mrs and assigns of the parties. 5. FCCI and the City agree that tim will refrain from commencing any action or suit, or prosecuting any pending action or wit, in law or in equity, against one another on account of any arson or cause of action with regard to the Litigation which now exists or which may hereafter Y accrue in their favor upon the basis of facts existing a; of the date of this Agreement, whedie r presently known or unknown. In addition to any other liability which_shall accrue upon the bceach of this Agreenent, the breaching party shall be liable to pry all rwonable attorneys' fees and costs incurred by the non-breaching party in defense of such scion nr iwt. <: 6. This Agreement is based on and shall be governed by the laws of the State of Florida. ;;. 7. Each party shall pay its own attorneys' fees and costs. 8. All parties have been represented by counsel and have had the benefit of counsel prior to executing this Agreement. All partes have executed and delivered this Agreement fiecty._ knowingly, and of their own will and volition. DATED: L4 Ll l�— FLORIDA COUNTRY a Florida ration wmvESS: DATED: Q-_- 41- Z21" C7FIc WINTER SPRIN , FLORIDA, aids icipal Corpo n WITNESS: 6Me. HY� its. oQ- osrro�s.i 2 T BOOK PAGE 3102 1370 SEMINOLE CO. FL. AMENDMENT SETTLEMEN-T AGREE;I�IENT NO. 1 THIS AMENDM&NT TO SETT1X2vffiNT.AGREEMENT (the "Modification"), is made and entered into this 4_day of April, 1994, by and between FLORIDA COUNTRY CLUBS, LNC..a Florida corporation("Fca,).and TI B CITY OF WIlqTMR SPRINGS,FLORIDA, a Florida municipal corporation(the"CI'TY'). WITNESET19 WHEREAS, on or about May 5, 1992,.the CITY and FOCI did reach the terms of a settlement through mediation of Case No. 91-2244-CAC,FCCI v. CITY; and WHEREAS, subsequent to May S. 1992. FCCI and the CITY did continue to negotiate various issues regarding terms of the mediated settlement; and WEEREAS,on or about June 16, 1W.;,FOCI and the CITY did execute 2nd enter into that certain Settlement Agreement ("Settlement Agreement"), now on file with the Court; and WHEREAS,the Sextlernent AF=ment was intended by the parties to memorialize the issues resolved by the patties in their mediation conference held on May 5, 1992 (the "Mediation"), and was intended by the patties to be binding upon each of them in order to settle the pending litigation; and WHEREAS, FCCI and the CITY have determined that it is in their mutual best interest to modify certain of the terms of the settlement contained in the mediated settlement and Settlement Agreement reached. NOW, THEREFORE, in consideration of the recitals and other good and valuable consideration, FCCI and the CITY agree to modify the Mediated Settlement of viay 5, 1992 and Original Agreement as follows: 1. The parties acknowledge and agree that the Original Agreement is valid and binding upon the parties, except as specifically modified herein, specifically including but not limited to any matters discussed or agreed to during the Mediation. The parties agree that they have been fully informed of all matters relating to the Mediation,the Original Agreement and this Agreement, and intend to be bound by this Amendment and the Original Agreement; 2. The Conceptual Plans shall be deemed to be modified to require and/or permit the following: a. The seren(7)lots depicted on the Conceptual Plan for Parcel 4, located at the north side of the intersection of Shetland Avenue and Northern Way extending east to Grcenbriar rs Avenue. shall be reduced to three (3) lots, with frontages totalling approximately eight hundred twenty-five (8251 feet on Northern.Way, west . om the intersection from I eenbriar Lane to the western right-of-way line of Shetland Avenue. No lot shall extend beyond the western right-of-way r,rrc c: �-+ L� c1M'I ileac P.5/18 Off MAL REURB BOOK PAGE 3102 1371 line of Shetland Avenue. The area formerly depicted as the lots being_~ &reafter be deemed to be "Golf Property" as defined in the Original Agreement, The City approves the final engineering submitted by FCCI for the three(3)remaining lots located in Parcel 4, b. FCCI has not as yet completed the preliminary engineering for the lots depicted on the Conceptual Plans for Parcels 7 and S. FCCI may increase the number and/or reduce the size of lots located in Parols i and 8 (and increase the size of the area located in Parcel 7 to include area west of the entry road depicted on the Conceptual Plan for Parcel 7). FOCI shall be permitted to develop a total of thirteen (13) lots on Parcel 7 and a total of thirty-nine (39) lots on Parcel S. provided said lots can be developed in record with applicable City Codes, and State and/or Federal r laws or regulations. The City shall promptly process, review and approve such modifications to the } Conceptual Pians(as well as preliminary and final engineering and plats)for each of such parcels as and when submitted by FCCL As provided in the Original Agreement, the term "Development F property"shall hereafter be deemed for the purposes of permitting Parcels 7 and 8 to be developed with the additional lots herein to include the following: (a) the land lying north of the ninth tee directly west of the parcel commonly known as the "Hooker Parcel" adjacent to the country club clubhouse and parking lot; (B) the approximate fifty (50) feet of land lying adjacent to the 2nd through the 4th holes of the Club and the property commonly known as "Waodstrcam"; and (c)the land lying wet of the entry drive depicted on the Conceptual Plan for Parcel 7. Each of these areas may are used in conjunction with the development of single-family uses and not be required to be maintained as Golf Property. 3. FCCI agrees that the lot adjacent to the Fairway Oaks subdivision depicted as Lot 17 on the engineering plans for Arrowhead Unit 1 shall be subjected to the deed restriction set forth on r Exhibit"B" attached hereto. 4. All other terms of the Original Agrounent not modified herein shall remain in hill force and effect. IN WITNESS WHEREOF.FCCI and the CITY have executed this Modification as of April 1994. WITNESSES: FLORIDA COUNTRY CL , a F10 ' rporation ames R. Mikes, President 2 F t CFrY OF WO ER SPRINGS,FLORIDA a Florida municipal corporation By- lcofi Bush. Mayor i C,, I C, -- o i m O { r r - 7s -tea i i f _ 3 j S • f i } 3 } 3 1 { i AGREEMENT THIS AGREEMENT altered into this day of . 1994, by and between 7I CITY OF WINTER SPRINGS, FLORIDA (hrseiaatler referred to as "CITY") anti FLORIDA COUNTRY CLUBS, INC. and JAMES RAI'MES (hereinafter referred to as -17LORMA COUNTRY CLUES')for and on bebA'Xof third pa y bcncrciary who shall be known as CITIZENS OF TtM CITY OF WINTER SPRLN- GS, FLORIDA (hereinafter referred to as "CITIZEN. S") provides as follows: { WHEREAS, the CITY and FLORIDA C CINTRY CLUBS are desirous of resolving issues regarding certain issues surrounding the develo meat of certain parcels of proper-.y within the City by FLORIDA COUNTRY CLUBS that are thin the j sdictioa and control of the CITY ani o y Lrnpart Lbe CITIZENS. N ' NOW THF=RMRE,FOR AND IN CO SIDERATION OF TIM SUM OF ONE DOLLARrE (SI-00) AND SUC<3 OTHER VAL LE CONSIDERATION HEREINAFTER, �, mss. ACR34OWLEDGED AS RECEIVED BY BETWEEN THE PARTIES: r- .—, i w 1. f he following restActioas shLU I a het forth by Florida Country Clubs,Inc. ("FCC") in the Deed of Lot 17 ofArrowhead at Tuswvilh, Unit I and in the Deed and Covc=t restrictions of Arrowhead at Tuscawilla governing that to for the benefit of Fairway Oaks, Unit 1, Lots 25 through 30. i 2- A perpetual easement 3ha11 e.' quer a three (3) foot wide strip beginning at the northcr=.ost point ofLot 17 and from there run g southward to allow the residents accts to the golf course. Within that arra ro structurt:or veg anon aF ar.y kind will be allowed to impede access to the golf course. � 3. A perpetual landscape eas=cnt sha11 exist over the West=tu:tost thirty (30)feet of Lot 17 adjacent,to Lots 25 through 30 prohibits g�rectioa of any building or vertical improvement (such as ray hedge, wall or fence) and pro hi ittng removal of trees except for modest thinning Purposes- Within this casement the w-mternrnost bece(3) feet may be used by the adjacent property owners and their sums to have unrestricted cess to the three foot assern=t described above in paragraphs number 2, so as to permit access to 1 eigolf course. 4. A perpetual landscape easemen tall exist over that area Iying northwest of a line =crxUng from a point on the cvnarton boundary ofLot 17 and Lot 27 which is iwcnry-five(25)feet south of the southern edge of Lot 26, to a poij t al the northeast property Iine of Lot 17 where it caangcs direction to run easterly. Within this ca vertical improvements (such as hedges, wails, swiuttning Paas, tetuzis court or trees)are prol 'bitcd and all shrubs and vegetation (except of the trunks of trees)shall be maintained not to bloc tAc current vices of the golf grecs from the homes ofLcts 25 through 27 from a height of two(2) fc ?o a leWu offiflec,(I 5) feet(which would allow the canopy of trees to be maintained over fiftee i flet high). No change in the grade of this lot will be pe.•snitted. i I FPR M '994 1-2:MAM TCBR PTP'. i 1 B dwelfin verti'aal '.ptov ( ch ss a bt�iag,sh;"nts- 6. or to c S e` h. -J(2Q t of eit q aboV :-3c"en It shall be the responsibility ori a8"eaed homeowner to notify FCC in writing of violations of t3tese restrictions. Tt shall be the re WnsWity of FCC to edorce the restrictions upon the property owner of Lot I7. ! i 7. In the event that IF=does not' the above restrictions on the Deed of Lot 17 and in the Decd and Covenant Rcstrictimu of d at Tuscawills, or in the eve..,t FCC la7s within i ou tcea(14) days after due notificatia s violation, to bring the violation into compliance, w FCC and James R WAcs shall be jointly and ' � i y Liable to pay the owner:of each ofLats 2t� through 30 the sum of Five Thousand Dollars S;OW.00)as liquidated damages. o � S. Citizens shall have a third p Yi beneficiary right to enforce the terms of thif: ASreet =L i C CITY OF WWTER SPRINGS, O�MA COUNTRY CLUBS, INC. 4-2 FLORIDA , t By its Mayor J mi3 R. klkes, President J mis R Mikes. Individually i r i 1 i s i i Z� a f 1 � i . • EiCHi3Ii "E" _ s =o E -40 Z 'see t I rte' r w/• IT. 1 , •>< y � �.1 r%-2 s _ _ `1♦`• fri` .�j` i,• �•�i 1, * ��� �� i�•l�C,�=t"; l��. q o i— rr � `}-'' 1+moi � a \ � � �� i � ; '�'s• � � �':� �(� � Cl Ott It I '; _���:� ♦ . � =:�� � � � til=!� �� ��� � ~ - n' It 9 I Z # � =Nit �`�-moi Go It =•��' + � a •I C� � � '1i \ 1•sit � ��k PARCEL. 1 FLORIDA COUNTRY CLUBS, INC. � APR 22 '94 12s23AM TCBR R• 10i1B Oji :zu • S '7 1 UM 14 1 . \ i.\/ r. r .r+ M O it �`;}. '� "�r4+J�� • �� i\7 • 4 ••� t SY./� t� r Ss 1mr. a _ fit j A l r t r� t•••'ys i•�� •\• -t IP TH milli t. Gil � IIan + 11 if i PARCEL 2 FLORIDA COUNTRY CL 8S, INC. � i �'�a•r``� +1� f r�j ` +` / � fes] � Fri . • \` ra.. t �4 \ t f — `. 7•i - r,to to as 'y',►��]y►,\ �'1a f�y` 1 `;i r` �! r; • � � 1 1 • yea a\•t \\` \ tl ,:F ;f 0 1 1 t a a. 1a 4 fig -,\% . ` VI vZ x l' ri 1fj 1 lit si Psi fill, Pt lit >~ 1 SAA s i' PARCEL 3 FLORIDA COUNTRY �LUGS, INC. ?�iii fist �, t=[•Ij�•�; �,hf I I list lig Ht C3— oil 41 11'a to i • i � �•�irli�lIl, � 1•Z �' 1rI r "� 4a ` �+ r i i� • }�l;R11i,a`l �• •f• ins' p _1_+ .� 0 R, Is ii E all � 41 _ r _ 11 fill 171E r pill . 1 . 3t 1 lI t 1 Ni! •� [ � r it � ala • Ill - • ` 3 w i I � Ff.QRIDA l[ PARCEL 4 FLORIDA COUNTRY CLUBS, INC. �� .• �� S : Jim i 10. hi Y � / 'it411 •, e .' ei�f� i + a e� L ~111 1' , It �C CI. 7.0 hV 0 Q ■ rs Iiij z'* 1 [ ILHo ty all ft is aF• �:t;�. . i _� 1�•l�■ 7�•; ��'s fir 11 , t 1 ■ �lit Up PARCEL S FLORIDA COUNTRY CLUBS, INC. RaIDA }J t i t .,roc R. 14i18 Q Yy�= i Gu cv CA C:p ca IL c7 is + + • ! I• F;• v ;~ t`++ , it •\ ' jr , % e , ���a it � � � �'� � •• =iii � t pi PARCEL 6 FLORIDA COUNTRY CLUBS. INC. �A f i _. f `r , � y�l \ r '� 1 1 � 1 � Z ! 'ice•. _ 04 Nil Oil ca 81 tj ell ±-=.` •r I i I •.i r- =v\�j �� u,��r 1 Iii 41 4tj�\ •• 111 .'�%,� -' , '' 1 r 1t } ti t t� 1 V1 1 Y "� i j f 16- lit ' ... i r FWRIDA PARCEL 7 FLORIVA COUNTRY CLUBS, INC. � - � ........................ :.t. cm w -♦ !• / . ! 1, r[ to O Q *46 O s • l ?� /� /rr r� � \V•!• ,• r rr" rIT -90 pit ISO- 00 =�^� -d = =__,• ;_its =-� � o N �7�1t1i11� l jls ' r•r=Jj�� �' /:� `�.4-�� 11M. 7t •f tN'•'rl, i An ' 70�jj,j,Hill1 1811 1,11m.1.11 a yy� Its sr tl •sem 4•-Ss r •r s 1 ji.1 I''' �� i,'�!•� ,1 �� 1 Uiir' 1.1 1:{uZ j1•� [Illi lilr[ lll� pip.(+ e 1 f i+ 1� 1 !�� 1 t 1 !H Il! fit#;t 1.! 11.1 111(1 Il.1 1 1 ��yy�� Ail COHCEPTUAI. PLAN i PARCEL • FLORIDA COUNTRY CLUBS, INC. _ 1� aW I e I f1 APR '94 12*27AM TCER ..� �..� P. 1;".-2S �o l � o _ n o CO n F t � ' � b T I 11 1 S' 11 - 11 11 Il � Ill 1 1 � 11 k IN F THE CIRCUIT COURT OF THE EIGHTEENTH RMICIAL CMCUIT IN AND FOR SEM HOLE COUNTY,FLORIDA CASE NO. 9I-2244-CA-l6-K w FLORIDA COUNTRY CLUBS, INC. C= ; o a Florida corporation, d � T r Plaintiff; p � c vs. co THE CITY OF NAVIN=SPRINGS, a Florida municipal corporation, Defendant. NOTICE OF VOLUNTARY DISMISSAL WITH PRLUMICE COMES NOW the Plaintiff, FLORIDA COUNTRY CLUBS, INC., by and through its undersigned counsel, hereby voluntary gives notice of the dismissal o s rause with prejudice. I S MEKES,PRESIDENT arida Country CIubs, Inc., CERTIFI ATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been famished by U..S.Mail this 21th day of April, 1994, to all parties of record. BOCK Plfc • 3102 138 ORDINANCE NO.14 AN ORDINANCE OF THE VILLAGE OF NORTH ORLANDO, FLORIDA, TO EXTEND ITS TERRITORIAL AND MUNI- CIOAL LIMITS TO ANNEX LANDS SITUATE AND BEING IN SEMINOLE COUNTY, 1 FLORIDA, CND DESCRIBED IN EXHIBIT "A", WHICH IS ATTACHED HERETO AND !LADE A PART HEREOF, WHICH SAID LANDS ARE LYING ADJACENT TO AND WITHIN TWO MILES OF PRESENT BOUNDARIES OF THE VILLAGE OF NORTH ORLANDO AND WITHIN SEMINOLE COUNTY;ANNEXING SAME TO THE VILLAGE OF NORTH ORLANDO, FLORIDA;REDEFINING THE CORPORATE LIMITS OF THE VILLAGE OF NORTH ORLANDO TO INCLUDE SAID LANDS WITHIN THE MUNICIPAL LIMITS OF THE VILLAGE OF NORTH ORLANDO; TO INCLUDE THE ANNEXATIONS HEREIN ON THE NORTH ORLANDO MAP; SEVERABILITY; EFFECTIVE DATE; AND CONFLICTS_ BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH ORLANDO, FLORIDA: WHEREAS, the G R W Corporation, as nominee of G R W Venture, a joint venture and Winter Springs Development Corporatio as nominee of Winter Springs venture, a joint venture, owns ap- proximately 3,500 acres of land contiguous to the Village of North Orlando, Florida, or within two miles of the present boundaries of the Village of North Orlando, Florida, and within Seminole County, Florida; and WHEREAS, the G R W Corporation, as nominee of G R W Venture, a joint venture, and Winter Springs Development Corpo- ration, as nominee of Winter Springs Venture, a joint venture,have petitioned the Village Council of the Village of North Orlando, Florida, to annex said lands hereinafter described in Exhibit "A attached hereto and made a part hereof, to include the same within the municipal limits; and WHEREAS, the Village Council of the Village of North rlando. Florida; and the G R W Corporation, as nominee of G R W Venture, a joint venture, and Winter Springs Development Corpo- ration, as nominee of Winter Springs Venture, a joint venture,have entered into a contract setting forth certain conditions covering the said annexation, and E ' NA BOOK FAC 3102 1 3 8 F WHEREAS, the G R W Corporation, as nominee of G R W enture, a joint venture, and Winter Springs Development Corpo- ation, as nominee of Winter Springs Venture, a joint venture, re the owner of the majority of the lands contained in the below ascribed subject property, and WHEREAS, the Village Council of the Village of North rlando, Florida, is desirous of annexing the subject property ursuant to the authority contained in the Village Charter of he Village of North Orlando, Florida; NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH ORLANDO, FLORIDA: SECTION I. That the Village of North Orlando, Florida, ces herewith and hereby annex those certain lands lying in eminole County, Florida, and more particularly described in Exhibit "A" attached hereto and made a part hereof. SECTION II. That the Village Council of the Village Df North Orlando, Florida, amend the Map of the municipal limits Df the Village of North Orlando, Florida, to include the subject property, more particularly described in Exhibit "A" attached hereto and made a part hereof. SECTION Iii. If any Section or portion of Section or ubsection of this Ordinance proves to be invalid, unlawful, or nconstitutional, it shall not be held to invalidate or impair he validity, force, or effect of any other Section or portion if a Section or Subsection or part of this Ordinance. SECTION IV. EFFECTIVE DATE: That this Ordinance shall ake effect immediately upon its final passage and adoption. SECTION V. CONFLICTS_ That all Ordinances or parts f Ordinances in conflict herewith are hereby repealed. i 3l C2 + 3P � PASSED AND ADOPTED this day of � 1971. IRST READING IQ ECOND READING INAL READING MAYOR ttest: Village Cleric Dunt man 85v%ro— Dunt roan MA'ol. V aunt ma nc man unc �nan aDOK PAGE 3102 138E 1 LEGAL DESCRIPTION Begin at the Southeast corner of Gardena Farms as recorded in Plat Book 6, Pages 23 and 24, Public Records of Seminole County, Florida; run thence N. 65"00'00" W. along the South line of said Gardena Farms a distance of 5479.23 feet to the Westerly right of way line of the Tuscawilla-Gabriella Road; run thence N. 04024122" E. along said Westerly right of way line a distance of 2450.55 feet; thence leaving said Westerly right of way line run S. 84050'15" E. 1120.89 feet; run thence N. 04004'15" E. 1969.15 feet; run thence N_ 85"05`45" W_ 418.47 feet to the Westerly right of way line of the aforesaid Tuscawilla-Gabriella Road; thence continue along said westerly right of way line run N. 43025140" E. 521.37 feet to the point of curvature of a curve concave Northwesterly having a radius of 1612.02 feet, and a central angle of 20105'33", run thence Northeasterly along the arc of said curve a distance of 565.30 feet to the point of tangency; thence continuing along said Westerly right of way run N. 23020107" E. 3903.29 feet to the point of curvature of a curve concave Northwesterly having a radius of 2839.79 feet and a central angle of 09014'37"; thence run Northeasterly along the arc of said curve a distance of 458.15 feet to the point of tangency; thence continuing along said Westerly right of way line, run N. 14905'30" E. a distance of 1581. 20 feet; thence leaving said Westerly right of way run S. 84051130" E. 1368.08 feet; thence run S_ 05010120' W. 386.72 feet; run thence S. 8450'40" E. 634.53 feet to a point on the Southerly right of way line of Railraod Avenue; run thence along said Southerly right of way line S. 54056140" E. 633.59 feet to a point on the Easterly right of way line of Gardena Avenue; run thence along said Easterly right of FXHTDIT A BOOK A,[ 3182 1380 EXHIBIT A.Continued -2- way line N. 22039104" E. 142.94 feet to a point on the Southerl right of way line of Atlantic Seaboard Coastline Railroad; run thence along said Southerly right of way line S. 54033105" E. 587.22 feet; thence leaving said Southerly Railroad right of way run N. 00011.11" E_ 937.80 feet to a point on the Southe ly right of way line of State Road No. 419; run thence the fol- lowing courses along said Southerly right of way line of State Road No. 419, N. 88026129" E. 2224.37 feet; thence run S. 89058'56" E. 3686.53 feet; thence S. 89*21.56' E. 2159.76 feet; thence leaving said Southerly right of way line run S. 00016'36" W. 1962.76 feet to the Northeast corner of Section 8, Township 21 S., range 31 East; thence run S. 00025'38" E. along the East Section line of said Section 8 a distance of 798.62 feet; run thence N. 82010'38" W. 310-20 feet run thence S. 04"34'12" W_ 1143.12 feet; run thence N.89'34 '22" E. 406.56 feet; run thence S. 00"25138" E. 745.20 feet; run thence S. 89027154" E. a distance of 1349.48 feet; run thence S. 00009156" W. 1326.81 feet; run thence N. 89013153" W. 672.52 feet; run thence S. 00000'36" W. 989.83 feet; run thence N. 89016152" W_ 671.86 feet to a point on the East line of the aforesaid Section 8; run thence S. 00601'43" E. along said East line of Section 8,330.14 feet to the Northeast corner of Section 17, Township 21 S., [range 31 E_; run thence along the East line of said Section 17 S. 00016114" W. 1341.14 feet; thence leaving said East Section line run N. 89'15'33" W. 4004.99 feet; run thence S. 00014'56" W. 1775.71 feet; run thence N. 69003'43" W. 1415.02 feet; run thence N. 00*14'26" W- i •� BOOK PACE ' 3192 139f' EXHIBIT A. Continued -3- 687.66 feet; run thence N. 85014100" W_ 602.10 feet; run thence S. 87051100" W. 1083.26 feet-, run thence S. 00°15'09" E. 2167.87 feet; run thence N. 84.48'16" W. 2404.62 feet to the point of beginning; less that portion of Winter Springs as recorded in Plat Book 15, Pages 81 and 82 of the Public Re- cords of Seminole County, Florida; also less, begin at the Southeast corner of Gardena Farms as recorded in Plat Book 6, Page 23 and 24 of said Seminole County, Florida; run thence N. 05009'50" E. 33.00 feet; run thence N_ 85000100" W. parallel with the Southerly line of said Gardena Farms,4502.35 feet. to a point of beginning; run thence further N. 85000'00" W. 627.31 feet; thence run N_ 05000'00" E. 225.00 feet; thence run N. 84009148" E. 175.44 feet; thence run S. 85"00'00" E. 455.00 feet; thence run S. 05000100" W. 257.98 feet to the poi of beginning; ALSO LESS, begin at the Southeast corner of Gardena Farms as recorded in Plat Book 6, pages 23 and 24 of the Public Records of Seminole County, Florida; run thence N. 05009'50" E_ along the East line of said Gardena Farms 7160.06 feet to a point on the Northerly right of way line of a Florida Power and Light Easement as recorded in O.R. Book 183, page 130; run thence N. 85010.12" W. along said North- erly right of way line 2513.71 feet to a point on the South- erly right of way line of a Florida Power and Light Easement as recorded in D.B_ 193, page 276, of said Seminole County; run thence South 1098.64 feet; run thence N. 85910112" W. 772.70 feet to the point of beginning; run thence N. 04049148" BOCK FACE 3102 1391 • 5t!".0CLc Co.FL. EXHIBIT A. Continued -4- E. 300.00 feet; run thence N. 85"10'12" W. 675.80 feet to the Easterly right of way line of!the Tuscawilla-Gabriella Road; run thence S. 23020'07"W. along €aid Easterly right of way line 316.36 feet; thence leaving said Easterly right of way line run S. 85010'12" E. 776.20 feet to the point of begining. Containing 2890.9140 + acres. AND ALSO LESS, the South 33 feet of the aforesaid Gardena Farms Subd.. AND ALSO LESS that part lying within existing North Orlando city limits, AND begin at the Northeast corner of Lot 6, Gardena Farms as recorded in Plat Book 6, Pages 23 and 24, Public Records of Seminole County, Florida; run thence Westerly along the North line of Lots 6 through 11 a distance of 3851.40 feet to the northwest corner of Lot 11, of said Gardena Farms; run thence Southerly along the Westerly line of said Gardena Farms 6623.75 feet, thence run Westerly to a point 1309_8 feet North and 198 feet East of the Northwest corner of Section 13, Township 21 South, Range 30 East; thence run Southerly 1309.8 feet to a point 198 feet East of said Northwest corner of Section 13, Township 21 South, Range 30 East; thence run Easterly 906.5 feet; thence run N. 19020' East 359.00 feet; thence run S. 850 E. 801.9 feet thence run S. 05' W. to the Westerly right of way line of the Tuscawilla-Gabriella Road; thence run Northeasterly along the said Westerly right of way line of the Tuscawilla-Gabriella Road to the point of beginning, AND ALSO Lots 1 and 2, Block A, D. R. Mitchell's Survey of the Levy Grant, Plat Book 1, Page 5, Seminole County Public Records, LESS all that part previously lying within the city limits of The Village of North Orlando. 1 t 3102 1397 CO.FL. PETITION FOR ANNEXATION WHEREAS, the undersigned owns or controls the real property lying and being in Seminole County, Florida, part of which lies within the Village of North Orlando, and the re- ander being contiguous to the existing boundaries of the Village of North Orlando, as described on Exhibit "A", attached hereto, comprising approximately 3,400 acres, hereinafter refer- red to as Winter Springs, and which winter Springs is in the active process of development according to guidelines generally set forth as Planned unit Development as defined in Ordinance Mo. 56 of the Village of North Orlando, and WHEREAS, the undersigned desires to annex that portion of Winter Springs presently not within the Village of North Orlando limits to the Village of North Orlando, and to become a part thereof subject to the following express conditions arra agreements which, if this petition is accepted by the Village of North Orlando, will constitute an agreement between the parties controlling subsequent events relating to the develop- ment of said properties and which will be binding on all subse- quent officers, officials, and councils of the Village of North rlando, to-wit: 1. winter Springs Development Corporation and/or ssigns will be granted an exclusive thirty (30) year utility franchise covering water and sewer on all of the property described on Exhibit "A" with the exception of that portion thereof presently lying within the corporate limits of the Village f North Orlando, subject to the agreement of the present franchis older. 2. The overall development plan for Winter Springs as resented simultaneously with this petition is acceptable to he Village of North Orlando insofar as the same relates to BODK PACE 3191 1393 SEMINCLE CO. FL. the percentage of types of development and percentage of open spaces and densities. 3. On annexation, the entire Winter Springs will be zoned Planned Unit Development, based upon said overall develop- ment plan. Actual development will be in stages of not less than fifty (50) acres. The provisions of Section 4, Subpara- graph 3 of said Ordinance No. 56 shall be applicable to the lands annexed only as to each stage actually being developed. 4. The provisions of Ordinance Nos. 50, 56, and other ordinances of the city applicable to the required public dedi- cation of percentages of park lands and/or open space require- ments in each record plat will not be applicable to the overall development of Winter Springs. 5. Open space requirements for Winter Springs shall be calculated as follows: (a) Low density development areas of two (2) dwelling structures per gross acre or less shall require open space equal to 5% of the land being platted to be provided as part of Winter Springs. (b) High density development areas of over two (2) dwelling structures per gross acre shall have open space equal to 20% of the land being platted to be provided as part of Winter Springs. 6. Open space requirements for both low density and high density areas shall be based upon the overall development plan of Winter Springs. 7. Specific parcels may be developed without recreation space within the specific parcel limits as long as the open space requirements in 5(a) and (b) above are met in the overall development of Winter Springs. open space requirements shall eaaic �ic1 X102 13 ° 4 5EMINGLE I.C. FL. be construed to be based upon the overall plan to date of actual development as compared to the application on each par- ticular section as it is developed. S. The calculations for open spare requirements shall specifically include the presently planned golf course, stable area, riding trails, nature preserves, lakes, parks, marina and yacht club. 9. Open spaces utilized for parks or other recre- ational facilities will not be dedicated publicly, but may be owned privately or through a suitable home-owner's association or other organization so long as residents within the developed area have access thereto on a non-discriminatory basis_ 10, The provisions of Ordinance No. 50, relating to open drainage ditches shall not be applicable to recreational areas such as the stable area, riding trails, and golf course. 11. The provisions of Ordinance No. 50 relating to private streets will be suspended in areas of the condominiums located on the overall development plan. 12. The provision of Ordinance No_ 50 relating to curbs and gutters relating to lots of one acre or more in size shall be construed to mean an average of one acre or more in size. 13. Portions of Winter Springs platted into lots averaging one acre or more in size may use septic tanks in lieu of sanitary sewers provided soil conditions are suitable. The developer acknowledges that, to date, all activity in Winter Springs has been based upon planning performed by Mr. Harlan Hanson in order that the overall area will be com- patible with long range plans relating to population densities, land use, topography, aesthetics, and ecology. The developer represents that the continuation of the development project will �,*• �- BOOK PAGE 3102 1395 5fMNOLc CO.FL. be under the supervision of Mr. Hanson or a person or organi- sation of equivalent qualifications with the idea that mutual cooperation between the developer and Village of North Orlando will lead to an outstanding addition and contribution to the oomminity. �qj.�P.�V ;rTYPER SPRINGS DEVELOPMENT CORPOr RATIOL )� 7 Dated: 9/27/71 By: LL J DMAN, President The foregoing Petition for Annexation and the conditions therein specified were accepted by the Council of the Village of North Orlando at a regular meeting held on the _&_day of . fty"d /! , 1971, and was implemented by the adoption of Ordinance No.-4, passed on final reading on the_ day of 1971. Mayor Attest:4 `-.� �fer 7 Villa - Village Clerk � ORDINANCE NO. 499 fr• ^♦ ll1 AN ORDINANCE OF THE CITY OF WINTER SPRINGS, v ^ E FLORIDA, ADOPTING A SETTLEM!NT AGREFpMNT BETWEEN THE CITY OF WINTER SPRINGS, FLORIDA -, AND THE WINTER SPRINGS DEVELOPMENT JOINT U U VENTURE; PROVIDING FOR A DEvEI.OPMENT ORDER; AMENDING ANNEXATION ORDINANC% NO. 64; WAIVING {�• MULTI-FAMILY DWELLING UNI!' DENSITY LIMITS + PURSUANT TO SECTION 20-354, CODE OF WINTER SPRINGS; PROVIDING FOR A CERTIFIED MAP; PROVIDING FOR cONFLILTS, 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 f certain property comprising what is comaonly known as the Tuscawilla Planned Unit Development " (the "Tuscawilla PUD"), into the village of North Orlando. Florida; and ''' on,•. ( WHEREAS, the Tuscawilla PUD originally consisted of cr,N € approximately thirty-five hundred acres (3,500) and was approved r�; F for development of nine thousand seven hundred forty-seven (9,747) total dwelling units; and WHEREAS, the Annexation Ordinance provided for the development of the Tuscawilla PUD based upon an overall rn nl v development plan and set forth requirements for o jry pen space, s : recreation space, and other development matters; and F2� WHEREAS, subsequent to the Annexation Ordinance, the Q Tuscawilla PUD was developed in accordance with the approved Q E overall development plan, subject to certain amendments which redesignate the uses of several parcels within Tuscawilla PUD, W all of which amendments were in compliance with the overall En o Tuscawilla PUD concept to better utilize open space and allocate :r t9 d r-• densities within Tuscawilla PUD; and M a; WHEREAS, pursuant to such amendments, the overall density of P �i CA.1 'D Tuscawilla PUD was reduced; and r- s 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 Tuscawilla PUD; and V, N in C1 WHEREAS, On January 14, 1988, Gulfstream Housing Corp., i successor by merger to Hinter Springs Development Corporation,M s entered into a contract to sell certain real property to D PP 4-- ' Investments which property was located in the Central Cort, which contract was subsequently assigned by Gulfstream Housing Corp. to WSDJV; and WHEREAS, the developers of the Tuscawilla PUD have asserted 3 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 i of the Tuscawilla PUD to develop a shopping center within the W _ co cn Central Core, which resulted in negotiations between WSDJV and rn pis SCA N ' the City and ultimately to a series of public hearings to Y r' r i determine vested rights of WSDJV to develop the Central Core with M n r z a commercial use; and WHEREAS, the City Commission ruled on June 19, 1989, that tD c� r-. � f 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 Develo ent Joint Venture a Florida •oint 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, Res ondent (the "Petition"); and s 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 N-- 1990; and WHEREAS, as a method of settlement of the Petition and the a 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 N to better utilize open space and allocate densities within thec. Tuscawilla PUD and in keeping with the original approvals granted i�. 1i relative thereto; and WHEREAS, the property remaining to be developed within then n Tuscawilla PUD consists of approximately 367.2 acres (collectively the "Remaining Property") consisting of: approximately 32.2 acres designated as Parcel 14C ("Parcel 14c"), tapproximately 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 8o ("Parcel 80"), CAD M C/5 o c� and approximately 20.7 acres designated as the Lake Jessup E-1 a 5< N Property ("Lake Jessup Property"), which Remaining Property and r- :~ x the aforedescribed parcels are described on composite Exhibit "A" J attached to the Agreement and expressly incorporated herein by r W f this reference; and CO m E E 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 i 1 WHEREAS, this Agreement does not constitute a substantial deviation pursuant to Section 380.06(19), Florida Statutes 4 f (1989), as amended, of the original approval granted to the 44 Tuscawilla PUD; and WHEREAS, The City has determined that it is in the best I ' I s - 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, ry FLORIDA, HEREBY ORDAINS: n, N SECTION I: " The Agreement between the City of Winter Springs, Florida and winter Springs Development Joint Venture, a Florida joint, 4 - venture, attached hereto marked as Attachment "i", is hereby �+ 4 accepted and adopted by the City of Winter Springs, Florida, and F made part of this Ordinance as if fully set forth herein. SECTION II: The Agreement shall constitute a development order pursuant e to Chapter 163, Florida Statutes (19ag), as amended, and shall govern the City and the developer accordingly. F Cal SECTION III: N Annexation Ordinance No. 64 is hereby amended pursuant to N r, c C-, ! the terms of the attached Agreement, and any and all approval, C-) master plans, submissions and other similar matters affecting the o remaining property of the Tuscawilla FUD are hereby automatically Ca C') Q rn 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 s properties in the Tuscawilla PUD. SECTION V1-- All 1:All ordinances or parts of ordinances in conflict herewith shall be and the same acre 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^ r the validity, force or effect of any other section or portion of= ~ �* �1 o a section or subsection or part of this ordinance. n n C7 SECTION VIII: r- This ordinance shall take effect immediately upon its final passage and adoption. Passed and adopted this A2A1&f day of qj&j 1990. o CITY OF WINTER SPRI w ATTEST: L fy� a y CA o rn O or, m x N a LEANNE M_ GROVE; MAYOR9W U 00 n I- ai rr at CITY I fTYs/lC?LERKI/�f Ivo ........ C� M m First Reading: May 14, 1990 Second first Reading June 11, 1990 f-.zo -3 s o n o Posted: May 18, 1990 Third m Public Hearing and-Geeond Reading: June 25. 1990 0 w m o. N t z x N F� N 3 ti S i 5 � f SETTLEMENT AGREEKENT AND AMENDMENT TO ANNEXATION ORDINANCE NO. 64, THE TUSCAWILLA PLANNED UNIT DEVELOPMENT, KJASTER 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 PLP ] 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: L N WHEREAS, on October 11, 1971, the Village of North Orlando, L _ Florida, predecessor to the City, adopted Ordinance No. 64 (the >- `L "Annexation Ordinance") , which Annexation Ordinance annexed certain property comprising what is commujily known as t..e Tuscawilla Planned Unit Development (the "Tuscawilla PUD" ) into w m the Village of North Orlando, Florida; and rn o Q o r, WEER£'AS, the Tuscawilla PUD originally consisted of n approximately 3,500 acres and was approved for development of m 9,747 total dwelling units; and o _ WREREAS, the Annexation Ordinance provided for the o development of the Tuscawilla PUD based upon an overall i C=—' development Dlan and set forth requirements for oven space, recreation space and other development matters; and WHEREAS, subsequent to the Annexation Ordinance, the Tuscawilla PUD was developed in accordance with the approved overall development plan, subject to certain amendments which redesignated uses of several parcels within the Tuscawilla PUD, all 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 concent 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 desion of 1 /C/DAF? 6766062 MD 06/22/90 . 3 22771 ' 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 WHt"REAS, a dispute arose as to the right of the developers of the Tuscawilla PUD to develop a shopping center within the Central Core; and w WHEREAS, the City refused to allow a shopping center — o development within the Central Core; and o �= i N WHEREAS, such denial led a series of discussions and C-D - necotiations between WSDJV and the City and ultimately to a series of public hearings to determine vested rights of WSDJV ct o-- . develop the Central Core with a commercial use; and c:3, WHwz2EAS, the City Commission ruled on June 19, 1989, that v m 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-1:-L, Winter Snrinas Development Joint Venture , a Florida joint venture, throuch its General Partner , Gulfstream Housina Corp. , successor by mercer to Winter Sorinas Development Corporation, Petitioner v. City of Winter Springs, a Florida municir�al 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 /C/DAH 6786062AMD 06/22/90.3 r Eck!i?i 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 WEER£AS, pursuant to this Agreement, the total number of tea residential units and total commercial acreage in the Tuscawilla m C:) PUD will bereduced from the original approval; and Fri e WEEREAS, this Agreement is in the best interest of the Cly and will promote the health, safety and welfare of the citizeq of the City; and -, r b�- W"EE'R£AS, this Agreement does not constitute a substantial R deviation pursuant to Section 380.06(19) , Florida Statutes (1989) , as amended, of the original approval granted to the Tuscawilla PUD; and i 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 WSDTV 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: 1. The foregoing recitals are true, correct and accurately reflect the matters affecting the Tuscawilla POD and the Petition as of the date hereof and such recitals are expressly incorporated herein by this reference. /C/DAF? 6786062AMD 06/22/90. 3 OL 2. The Remaining Property shall be developed in the following manner: PARCEL ACREAGE LAND USE UNITS 14C 31.2 Single Family 125 1.1 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 -ter+ — o 0 Lake Jessup Property 20.7 Multi-Family 166 TOTAL 366.3 2,889 C=3 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 lana 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, WSDXV shall have the right to request r,.inor 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 /C/DAE 6786062AMD 06/22/90 .3 l �; •,} %-7 ,. ; u.2f,._ i.�. FL. 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 "E" 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 Q reference only as the City and WSDJV acknowledge that the landrn c=� uses shown thereon are an approximation only as to boundaries iJnd--'j the boundaries of such land uses may vary in order to make betVer '= use of the Remaining Property in keeping the terms and provisi 4s �- 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" o R shall collectively constitute the certified man 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, lesion, 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 /C/DAH 6786062AMD 06/22/90. 3 X2117 as depicted on Exhibits "C" and "D" ; howeve ''kiikin` access points shall be subject to Florida Department of Transportation requirements, guidelines and standards. 1 1. 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 toy"' the provisions of the applicable City Codes at the time of sit'a — ' M CD lilt plan approval. .; 14. In order to develop the Remaining Property, WSDJV shad a: be required to comply with the applicable City Codes, it being- C-> the intent of this Agreement that this Agreement constitutes a '-, r -ate 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 aforedescriaed City Codes recardina Planned Unit Developments and specifically Chapter 20, Article IV, Division 2, Part A, which anDlies to the Remaining Property. 15. WSDJV agrees that the City may, at any time, adopt a 1� special tax district encompassing that portion of the Remaining R► Property and other property located adjacent to State Road 434 from the eastern boundary line of the City to State Road 439, 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 ow7ed 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 /C/DAA 6786062AMD p 06/22/90.3 ' 2 ! l 04it the Petition and the subject matter thereof. rih=ter,- F�his 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 w assignable and transferable, including but not limited to, in the o event any portion of the Remaining Property is conveyed by WSD4W,o and in such event the City shall look solely to such transfereI i.a r or assignee for the performance of all obligations, covenants, E conditions and agreements pursuant to the terms of this rn Agreement. 20. This Agreement contains the entire agreement o= the r o n� parties hereto. Any chance, modification, or amendment to this --+ P_areement 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 . /C/DAF? 7 6786062AMD 06/22/90. 3 i- 107 £ may be recorded in the Public Records of Semi fi&U-:Go;nVy, 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 t Agreement as of the date and year first written above. t "WSDJV" } WINTER SPRINGS DEVELOPMENT JOINT VENTURE, a Florida general partnership Signed, sealed and delivered BY: GULFSTREAM HOUSING CORP. , i the pr "sence of: A a Delaware corporation, I' General Partner 1By: J. Glenn Mv' ;•3 Vice Preside INN•HH �� n (CORPORAT � }� T. •�;4.......... BY: HOME CAPITAL CORP. �••n,•,':f""` 1` a California corporation, 1 General Part 4 By: is E. Vogt, Vice President �— BY: c54 i ' J &VeCa o, Assistant Secretary (CORPORA'T.0SEAL) 77••�� �.�{{�� 8 -•/ff/ll11111111'S'` t /C/DAH 6786062AMD 46/22/90.3 i E F X27 7 THS: 'CITY• THE CITY or WINTER SPRINGS FLORIDA, a Florida municipal corporation Attest: By: Q►w1C? �. Mary T. Norton, Leanne M. Grove City Cleric Mayor csa m o s o �� = 1V r, A 3P- cm -O C1 i 1 i 1 /C/DAH 9 6786062AMD 06/22/90.3 k 2 27 7 0412 STATE OF FLORIDA ,f COUNTY OF E 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 / day of SEY i�h'lC , , 1990. - � 1 � �' •i 1. •• N qtary�Pu lc MY�ommiss on Exalres i= _ ►IAI_C ATC t•7"1MIMAL AT LA:.* ftY C..Om" .Ct1 EXP!2E6. WZ 23. '•• STATE OF F IDA ECWUM t"CU A:nro.1 AG=HCr.SW- v'•�:P_ �•` T COUNTY OF w I HEREBY CERTIFY that on this day personally appeared before me, an officer duly authorized to administer oaths and Lake acknowledgments, LOUIS E. VOGT, as Vice President of ROME 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 fficial sea in the ounty and State last aforesaid, this day of 199 . Notary Publ ' A' My Commis s o Expires_y.' ARY PLlBIIC,STA7�aka DAw 2MIO[D Twwu r�oT�uT WVI VA !799 }Yf�SrIM11.Ti71s. i E - 10 1 /C/DAH 6786062AMD 06/22/90.3 f I t 2277 0 4- 7 CO. FL. STATE 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 Eo E CAPITAL CORP. , a California corporation, which corporation is a General Partner of WINTER SPRINGS DEVELOPMENT JOINT VENTURE, a Florida general partnership, to we 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 pfficial s 1 i the County and State last aforesaid, this day of lgg Not ry Publi c My Commiss' ; as �ip�- NOTA p(PIRES:MAt3.4.� d OSTATE OF IDA �.ero sKwNOTwar ws"u�o.� COUNTY OF %, ..+••�'' - •��` I HEREBY CERTIFY that on this day personally appeared before, me, an officer duly authorized to administer oaths and take acknowledgments, LEANN£ M. GROVE, as Mayor and attested by MALRY 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 ...•.�, ' �a municipality. �•• WITNESS my hand ad ficial s 1 n th County and- SkAtek last aforesaid, this ay of , 199ff..f �Q ♦ : 6 • j : o "'A/1 PLI i •y aaaaa...a a Notary Public ..... .. My Commission Expires: --TART PUNJO STAT!OP R04"AT LAIOe MT COMMUMON EKpm t DECO"""IM AGNKD MV ANU M AGENCY MIG 11 /C/DAH 6786C62AMD 06/22/90. 3 CaMPOS= EXH3:B= rA Cnt�l�1' rs.rti. PAR= 14C L27T %,. .r�SV.S1__ �•C:�. _,acts n, 8, Z. = and =ecorced is Flat _ook Paces I- and 12 c: :he :c Reco_t_ G` Seminole muss. •, _ic_ias. CAI CEP 0 ren O o x IV S, o3rw_ n T' +f 4- v L£G;$11' ....Aj 1 i { ii I f 1 k - (Page I or 15) PAX= 61 2, 277 �� 81 "'.T'SFACTOR9 £=�r!i� CO. i 1. rUa �'c��.•�„nrtYriiCS e oe.m _` i +=* G -azzse--fan c: kin Sn_:rscs B..:_'ez. h:pn it Plat urlt E'r-- Plat Soor. IE, Pa^_es 6, 7 C:ld E, Pub is P--:s c_ Se-in le cc�==•, =---I K.86023'05`S. Zig :he cmnm=l ..-* o: } a S=rR- c �ouleti�� 2E2.85 feet: t'� N.03'36'55-W. 50.00 fest :.o ::;e PC-"!- of be--:Ln--w-.S cm, the ?Qt `.h r1Ct-cf-um' j.13C of W:Lnt---- S;--ir]Cs B="I E:mrd (120' R/,4); thenoe rL-n --.i6-23-05-W-. ala^oe said N rig rift�r-�2v _i.a 211.85 feet to the point of cu -atm=e of a c=ve c=%-ave ers 1•�, P-nd hav7nc_ a raciis of 25.00 feet: .hence V%--n l0=...}�za-Y clang the arc o: said curve 29.27 feet th--ough r cmtza3 a--lae of 90° 00'OC" = =?m paint of tangerray cn the Fast riCht-of-+•'2;.v lie cr Ncr=z- ., Wav (8O' Fes.'). then= �� N.03.36'55"ti:, ala= said !?S z rim wav iir e 9 0.7 S feet to the point ofcu_--�z$ of a c.:-ve =czve &scary arr;- }.e_..,c a rZ=i L`S of 1253.55 feet: t hw= NCm W almc Lha z of said c---+e 64.25 feet through t �:_G'^ arc__ c= G2° _ o 32':?" -..: a saint; th empee lensing said sssz richt-c`-way line, r-m © � i:.86023'05-.M-7270.E3 fest = the point cf c�--va=rre o: a cz--Oe =z=ve 29 N a-jc r ving a radius of ?7.£3 #eet; t'sp-nce -=n Sc=zn- c' f r es-`ly cmc the a--c Of sed curve 40.44 iee` th-vu--h a c� � am r'; i ��?C1e C. E3'0--,4'42" to the �*•i4 Ci t-� .�1PSIG... �.�7 1 73.20 r z o a l"cirm, -an t� mores&-i N=--%,) r1G 7L^O_-�.� l`T!e �_ _c�=_:cs BCq,, L'Z*C, some. voirm be_Y-, an a C-ve =-tm =- n r, a_'= -,-z 'S a --adi s c= 1028.92 int-- Ge C= E_S2-16' G7-W- , =--n ;':es ez:'-Y a=aK 2,^a �"r Cf 5`C C=-" �,c �C^c sic 1yc— _� _-c�-c=- ra 'ane 7E.01 wee� = •�c:: z Mnmral ancle Of 0490615E, s i - i i i - I i� I (Paye 2 of 15) / 1 n 4 r, i 27 7 PAPA= 61 L. i ' 1 s From .he cenierl'ine cf intersection, O`. Is.ir.ter Sprir,Cs :oule- vary art KC--.herr, Way LS ShOWT- ir. plat Of VINI-;Z Sp J' :Olin., as recorcec irs Flaz book IE. Moes rr . i L E . pub1 is re - corCs Cf Seminole Coun.y. Florida . rur, i. .SL`i = • C--- `: . Elonc inn centerline r,-,' :.'inter SDrines Soulevare- 2£2 . ES fee .; thence EC-00 feet to a point on Zhe Nortr, riCtii Of wa.' line Gr sE i i :':r,ter Sarines Boulevard , saie. poi rt bein; on a curve concave northerly and havinc a radius of 10£5 . £2 feet : thEnCE from ! ttnoert bearing of U .96023' 05-E . run E a S I e r I Y alone the arc o7 said curve and alone said 1;ortherly riart 0, �aY tine iE . 01 feet throuoh a central thele or 0= *06 , SE" to .he point of berinnint; thence leai•ine said Nor _herly richt o` way ling , run ::. 10'22' 1; "t , 173.E- reel to the point of curva - tura of i curve concave SOuth►+es ierly and having a radius or 77 . 5.3 feet; ,hence rur, Northwesterly along the art Gf Said• Curve 10 _ t4 tett throuoh a central 2neiE of E- °14 ` 41 " tC the p f tanoency; .Hence run S . £L*23' D="w. 270 . £3 feet to a W m -point 0,-) , he tasterl�• riot: of way lint of Ptorthern ;:a . ( BO` F/,,) fair, point beinc on a curve concave ra� tarl . ;nG. h2.� in_ ;� N E TEC O- 15�.. _: '-E-,; :hence from E ►anoE.t beaTlnc Cf o s• r' 01 `03 ' SE"W. run *.ortherly alone the arc or sat = CV- vE and ren T a ions said ripht c4 >;ay line S0 .CE .Set . inc sz e O Cert c1 FncIE D 01 `'30' to a ppir' thence IC EN. nG sr1G In Lasted r; er.t t.f way tine run F . E6 c. ' S`- • %- s*: the Point -o Cur+a =YrE of a curve concave Sovtnwe5 ter i and i cvin_- a raC:us Of tnenCF run Scut nePsterl .• alone the a C? sa: d curve 1i3 . ui -fEE = =nr0Yoh a CEr. al envie G: E -i = ' 7 " tD trig point cs -,anCenC}•; thence run 5 . 10`-22 4 "r- .ji?=.{i0fE=t tD a aair,t ar, tnf aforesaid hortheriy richt of wav s line Gf W" rater Serines £gulp.•=rd, slid poi r.: being Dr, a Curve concave HOrtliarly and G.Zvint a 'rFeius G: 1DE5 , 52 tae t1]EnCE frc;u. a ta,noert be.rinc of 5 .7SL'37145F, W. run Westerly -alone the arc of said Curve and alone said. Northerly rich of way line so . 02 tee: through a ver.:- ai ancie o` 02 '38'21" =o :ne saint of bEeinnine, co-ntaining therein D .-97S acres more or less . i (Pacie 3 of 15). i I Lr PAR= 61 2 27 7 .0 C : CSM-Mata C-J. FL. 0LSCJ31PT1t»t - PARCt! r. LEGItALITY U":.AMMAC,TOFS From tr,e centerline intersection of wir►cer tl PhIC,L�fcA�HICS Plat of Winter Springs unit 4, recorded in !'latngboaGul.e,�+raq.ntl No e•'. as sl►o.n an the Sesinale Count + r�r►ern k u►enee r;.OE• Y.'r_crida: run N.0]'3b'SS'w• alone the cencerline6o;rr4and e' Public Accords of 23'0_ L. 40.00 feet Lo • paint an the East rine, orthern wav e Point being the point of curvature of a t-of-vs 17�.7P feet; feet; rete curvy concave Y line of Northern Way. *fid thence Narcherir along said richt- LasccrJv cud having lett ttre a Central angle o! 09.2 of-`av 11ne and alone a radius of 1u93__g + lona the arc a! said Curve 453.]3 feec`throuerto `aa cenLraf angle of '01 of said curve 309.]4 Point of beginning; thence continue Northerly Florida To..czPi feet: thence N.2i'12'21'r, 2@7.35 feet 1_ 13 , .: and Light Co to the South thence run 5.70• feet co salt Lasc ri h �Pany Fase..ent: tr.ence K.S.•0S'3the aloe line of a )lo foot vide line )2i.7< g t-to vile line of Northern r+ay: tJ.ence N.25• q'said South line J6h.00 radius at 430.OG fact: to the point of curvature of 22'55 L. along said Last a Central angle of 60.12.23- Nnrtheas y alga nerve concave Scu curve and lu.vir,cl'a� ter) tl.e arc of said curve 4 ter I,Jrinq a rae?ius of 291.47 tl,e t►eint of reverse curvature of • 30.E3 leer cnrougt, curve Y* thrower: a central angle efe3R• un thence kOrtheaste r) � cum co�[av* N(t rch..estar]Y Cor ration Easement; thence S f , 06'09- to tilt South Y 73 G5 Bret along the arc Gf salt 0=-L. 17q. 5'-0 12`t. along lin* of 100 -Cot vide Florida pc—e r 07 fc=t to the aorther]y richt-of-,:a 9 line South line 905. 7' of-`aY Sine bean � fee_: thence 5.;7•e5• r can q an a Curve concave Southeasccrlynandfntar Sorings boulevard. frac yant bearino • having a radius of 1215. sold rigr,t- the are or said C-.rvr 7 6foot 5'>;. run Sauc1....esterly alone sale right-of-_&y Sect: thence Thence S.27.20'26-w, 37.5] feet through a C*ntra2 angJ• of ]<'46'2e` to the Y line enG along Iw saving a radius c! lOPb1.5i feet to the point of curvature of a curve concave North.. 1.92 feet: run rs►ence So vthvesterl,+ of canaency; teat; thence N,10'22'19-W. 50.00 feet to alone the are of said cur-asrerly and having a radius of )0]5.92 fret. U►e begirnnite of a curve concave Nor alone the arc of thence frogs a tangent bearino of concave __th-estezly and Sv-w, ,. said Curve 370.76 fee; through a central a,.o]* o! r,• 37'4@ =ter+ Northeas[ariy ]-�.3C fee.: thence N.e9.32'31-+c. 515.75'.eet to $hr it ! 0?*26'4-' `hence n•.lp•c 32.9579: acres. bec E. 5. eontainina therein i CD �- O 0 O �- r^ r- m n � .2— - n T7 M r _ ' (P&9e 4 0: 15; .. 27 / ^ 1. t, V � V [ DESCRIPTION: That part of the MAP OF THE PHILLIP R. YOUNGE GRANT, as recorded in Plat Book 1, Pages 35 through 38 of the Public Records of Seminole County and that par of Sections 5 and 8, Township 21 South, Rance 31 East, Seminole County, Florida, being described as follows: Begin at the Northeast comer of said Section 8, Township 21 South, Range 31 East, Seminole County, Florida, thence run S 00°24'55" E along the V 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 Right-of-Way line of the Lake Charm Branch of the Seaboard Coast Line Railroad (100' R/W) with the Easterly Right-of-Way line of the Black Hammock Bra cb of Seaboard Coast line Railroad, said Point of Intersection being 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 alongco the arc of ve said cur and said Easterly Right-of-Way line throug �,h a central angle of 08'11'08" = N for -, distance of 114.27 feet to a point on a curve concave Northeasterly m =- having a radius of 651.23 feet and a chord bearing of N 20'36' 17" W; thence run along the arc of said curve and said Easteri Right-of-Way line �- y through a cem,-a1 angle of 54'35'00" for a distance of 620.40 fee:; thence — t=' rut N 06'21'38" E along said Easterly Right-of Way line fora 15"-.0.» ?' feet; thence leaving said Easterly Right-of-Way line rut S 89x3%q_3 E alone the South Rig:tt-of-Way line of State Road No_ 434 (60' R/V4D for a distance of 131.05 feet; thence run S 00°11'57" W along the East line of the Southeast 1/4 of Section 5, Township 21 South, Rance 31 East for a distance of 1958.31 feet to the POINT OF BEGINNING. TOGETHER WITH: Commence at the Northeast corner of Section 8, Township 21 South, Range 31 East, Seminole County, Florida, thence-run S 60°24'55" 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 54'34'57" 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 66056'09" W; thence run Northwesterly along the arc of said curve and said Northerly Right-of-Way line through a central angle of 24°44'10" for a distance of 845.83 feet to the point of tangency; (Pace _ c= 15) thence run N 7918'14" W alone said Northerly Richt-of-N�'a}T �or a n 4 distance of 691.26 feet to the point of curvature of a curve concakkt:.yc__ 60. Southwesterly having a radius of 2612.09 feet; thence run Northwesterly alone, the arc of said curve and said Northerly Right-of-Way line through a central angle of 11'46'38" for a distance of 536.92 feet to the point of tangency; thence run S 88°55'08" W along said Northerly Right-of-Wav line for a distance of 96.48 feet to the Easterly Right-of-*ay line of - Proposed Vistawilla Drive and a point on a curve concave Southeasterly having a radius of 460.00 feet and a chord bearing of N 4_4=5;•28" E; thence run Northeasterly along the arc of said curve and said Easterly Richt-of-Way line through a central angle of 69°00'18" for a distance of 554.01 feet to the point of reverse curvature of a curve coneave Northwesterly having a radius of 790.00 feet and a chord bearing_ of N 44°50'50" E; thence run Northeasterly alone the arc of said curve and said Easterly Right-of-Way line through a central angle of 69°05'33" for a distance of 952.65 feet to the POINT OF BEGINNING: thence continue Northerly alone, said Easterly Right-of- Way line and said curve haying a radius- of 790.00 feet and a chord bearing of N 05°22'51" E through a CD central angle of 0950'25" for a distance of 135.68 feet to a point of non-^ cm C3- tangency; thence run N 06°10'16" E along said Easterly Right-of-'A,72 li.*A for a distance of 100.50 feet; thence run N 00°27'38" E alor-g Easter" Right-of-'4�'ay line for a distance of 21-..99 feet to the point o7 c4ur:azure oT - o p �- -a a curve concave Southeasterly having a radius of_5.00 feet-. diene,. run ME- Nor+,.heasterly along the arc of said cu,,e through a central angle o — m 90°00'00" for a distance of 39.27 feet; thence run S 89132'22' E alorg a line that is 25.00 feet South of and parallel with the South Right-of-?V_ line of State Road 434 for a distance of 404.53 feet; thence :Lm N 00°27'38" E for a distance of 25.00 feet to said South Right-of-Wav line; thence run S 89°32'22" E along said South Right-of-NA:- line for a distance of 639.86 feet to the West Right-of-Way line of the Black Hammock Branch of the Seaboard Coast Line Railroad; thence run S 06°21'38" W along said West Right-of-Way line for a distance of 502.66 feet; thence leaving said West Right-of Way line run N 89°32'22" W for a distance of 1039.34 feet to the POINT OF BEGZITNZING. TOGETHER WITH: Commence at the Northeast corner of Section 8, Township 21 South, Range al East, Seminole County, T.71orida, thence run S 00°24'55" E alone, the East line of the-Northeast 1/4 of said Secri on 8 for a distance of 205.56 feet to the Northerly Right-of-Way line of the Labe Charm Branch of the Seaboard Coast Line Railroad (100' R,1W); thence run N 54°34'57" W alon; said Northerly Right-of-Way line for a distance of 293.14 feet to a (Pace 6 of 15) i - point on z curve concave Southwesterly having a radius of 19=9.19 feet and a Chord bearing of N 66°56'09" Ver: thence run North%vesterly alone the arc of said curve and said Northerly Rieht-of-Way line through a central angle of 24°44'10" for a distznce of 845.83 feet to the point of ta_ngenc}; thence run N 79'18'14" W alone said Northerly Right-of-Way line for a distance of 691.26 feet to the point of curvature of a curve concave r� Southwesterly having a radius of 2612.09 feet; thence run Northwesterly ^' CD alone the arc of said curve and said Northerly Right-of-'Way line t�7roueh a cent:al angle of 11'46'38'* for a distance of 536.92 feet to the point of V tangency; thence run S 88°55'08" W alone said Northerly Right-of-Wav line for a distance of 178.11 to the Westerly Right-of-Way line of Proposed Vistawilla Drive; thence run N' 10'23'19" E along said Westerly Right-of-V+'av line for a distance of 16.23 feet to the point of curv2ture of a - curve concave Southeasterly having a radius of 540.00 feet; thence rut. alone the arc of said curve and said Westerly Right-of-Waw line throuzh 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 havL g a radius of 710.00 feet and 2 chord bearine of N 71`5L'55" E; thence run Northeasterly along the arc of said curve and said Westerly Right-of-Way I ine through a cenL�-al angle of 1-".°57'22" for a distance of 1fi5.a3 fee: to the POTENT OF BEGDZN`LNG, thence leaving said Weste7ly Righz-oi-Wav line rum IST 30°22339" W alone a non-radial line for a distance o.. =56.0" w m feet; thence run N 8952'30" V►; for a distance of 2250.00 Tec:_ thence r.:n m a g ?� 00'071"21" E for a distance of 100-00 feet; thence rite N =:7'0='59' L 7' ry for a disa.nc e of 292.95 fee.; thence run N 00'07'21" E for a dis ace of '00.00 feet to the South Righi-of-Way line of State Road No- '"DL (60' MAI): thence. run S 89°52'39' E alone said South Righ.-of-Wav lin-- for z distance of 1580.00 feet; thence run S 89'32'22" E alone said South_ Rim- 1 gJ of-'P;;ay line for a distznce of 611.08 fee:; thence leaving said South 1•Clehz- 0f-Way line run S 00°27'38" W for a distance of 25.00 fee.; thence run S 89'32'22" E alone a line 25.00 feet South of and parallel with said South Right-of-Wav line for a distance of 395.00 feet to the point of curtiattre of a cunve concave Southweste.riv havine a radius of 25.00 feet: thence tin Southeasteriv along the arc of said curve. through a central angle of 90°00'00" for a distance of 39.27 feet; thence run S 00°27'38" W alone the Westerly Right-of-Way line of Proposed Vistawilla Drive for a distance of 214.99 feet; thence runt S 05015'00" E along said Westerly Right-of- Way line for a distance of 100.50 feet to a point on a curve concave Northwesterly having a radius of 710.00 feet and a chord bearing of S 32°26'56" W; thence run Southwesterly along the arc of said curve and said Richt-of-Way line through a central angle of 63°58'36" for a distance Of 792.79 feet to the POINT OF BEGINNTINIG. To eethe r coinmini-ng a total of 66.968 acres more or less and sabjeCi to any tights-o'-WEV, TeSLnczions and -_2semi ants of reca7d. (Pace 7 0: 15) DESCRITMON: That part of the AIAP OF THE PHILLIP R. YONGE GRANT. as recorded in Plat Book 1, Pages 35 through 38 of the Public Records of Seminole County ar.d that part of Section 5, Township 21 South, Range 3i East, Seminole County, Florida, being described as follows: Commence at the Northeast comer of Section 8, Township 21 South, Range 31 East, Seminole County, Florida, thence run S 00°24'55' E alone 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 Lak—c Charm Branch of the r; Seaboard Coast Line Railroad (100' R/W); thence run N 54°34'57" W G alone said Northerly Right-of-Way line for a distance of 293.1= feet to a point on a curve concave Southwesterly having a radius of 1959.19 feet and ~' a chord bearing of N 66056'09" W; thence run Northwesterly along the arc of said curve and said Northerly Right-of-Way line through a central angle of 2404 4'10" for a distance of 8-5.8; feet to the point of tanaencv; thence run N 79018'14" W alone said Northerly Rieht-of-Way line for a distance of 162.82 feet to the PORgT OF BEGUINING; thence continue N 79018'14" W along said Northerly Right-of-Way line for a distance of 528.44feet to the point of curvature of a curve concave Southwesterly having a radius of 2612.09 feet; thence run Northwesterly along the arc of said curve and said Northerly Right-of-Way line through'a cen_ral angle of ``' 11°46'38" for a distance of 53692 feet to the point of mnaency; thence nen m cm S 8S'55'08" R% alone said Northerly Right-of-Way line for a cista-nce o= 5� 96.48 feet to the Easteriv Right-of-Way line of Proposed Vistau'.-ilia Drive z and a point on a curve concave Southeasterly having a radius of 460.00 feet and a chord bearing of N 4"°53'28" E; thence run Nor-theasterly along the A. . arc of said curve and said Easterly Right-of-Way line through a central r angle of 69°00'18" for a distance of 55"..01 feet to the point of reverse � curvature of a curve concave Northwesterly having a radius of 790.00 feet and a chord bearing of N 44°50'50" E; thence run Northeasterly along the arc of said curve and said Easterly Right-of -Way line through a central angle of 69'05'33" for a distance of 952.65 to a point of non-taneency; thence Ieaving said Easterly Right-of-Way line run S 8932'22" E alone a non-radial line for a distance of 1039.34 feet to the Westerly Right-of-Way line of the Black Hammock Branch of the Seaboard Coastline Railroad; thence run S 0621'38" W along said Westerly Right-of-Way line for a distance of 525.90 feet to the point of curvature of a curve concave Westerly having 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 through a central angle of 1222'20" for a distance of 119.34 feet to a point on a curve concave Northwesterly (page 6 0= 1-7) having a radius of 656.13 feet and a chord bearing of S 51`12'30" W;thence run Southwesterly alone the arc of said curve and said Westerly Right-of-Way line through a central angle of 7702'04" for adistance-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 Westerly Ribht-of-Way line and along the arc of said curve through a central angle of 12005'59" for a distance of 168.91 feet to the Point of Intersection of said Westerly Right-of-Way line with the Northerly Right-of-Way line of said Lake Charm Branch of the Seaboard Coastline Railroad Right-of-Way and the POINT OF BEGINNING. ` TOGS THER )X rl: r� Commence at the Northeastt corner of Section 8, To Amship 21 South, Range n 31 East, Ser_zinole Counry, Florida; thence run S 00°24'55" E alone the East line of the Northeast 114 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' RJW); thence run N 54'34'57" W .� alone 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 =eet and a chord bearing of N 66°56'09" W; thence run Norffiwesterly along the arc of said curve and said Northerly Right-of-Way line diroueh a central angle of 24'44'10" for a distance of 8".5.83 feet to the point of taP_ae:7cv: thence run N 79°18'14" W alone said Northerly Right-of-IN-ay line for a distance of 691.26 fe--: to the point of curvature of a curve concave c„ Southwesterly having a radius of 2612.09 feet; thence run No:zhwesterly -- alone the arc of said curve 2nd said Northerly Right-of-Iday line th-01. a { M central anal-- of 11046'38" for a distance of 536.92 feet to the point of F tangency; thence run S 88°55'08" W alone said Northerly Right-of-Way r; q Y' line for a distance of 178.11 feet to the Westerly Richt-of--Way line of Proposed VistawMa Drive and the POINT OF BEGINNLNG, thence run N 10°2319" 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 alone the arc of said curve and said Westerly Right-of-Way line through 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°54'55" E; thence run Northeasterly along the arc of said curve and said Westerly Right-of-Way line through a cen=al 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 along a non-radial.line for a distance of 356.04 feet; thence run N 89°52'39" W for a distance of 3675 feet more (?age 9 0- 15) L t or less to the centerline of Howell Creek. thence run Southeriv along the centerline of Howell Creek fora distance of 1050 feet more or less to the Northerly Right-of-Way line of Lake Charm Branch of the Seaboard l Coastline Railroad; thence run N 8855'08" E alone said Right-of-Way line for a distance of 3153 feet more or less to the PGINrT OF BEGINNING. Together containing a total of 104.0 acres more or less and being subject to any right-of-way, restrictions and easements of record. } r W m O n x I T n3 m t I I E I I (?age 10 of 15) r DESCRIPTION: That pan of the MAP OF THE PHILLIP R. YONGE GRANT. as recorded in. Plat Boot: 1, Pages 35 through 38 of the Public Records of Seminole County, Florida, being described as follows: Commence at dhe Southeast corner of Section 8, Township 21 South, Range 31 East, Seminole Counry, Florida, thence run S 00°24'55" E alone the East line of the Northeast 1/4 of said Section 8 for a distance of 205.56 feet r to the Northerly Right-of-Way line of the Lake Charm Branch of the P -� Seaboard Coast Line Railroad (100' R/W); thence run. N 54°34'57" W alone said Northerly Right-of-Way line for a distance of 293.14 feet to a pour, on a curve concave Southwesterly having a radius of 1959.19 feet and a chord bearing of N 66°56'09" W; thence run Northwesterlv alone the arc of said curve and said Nonheriv Right-of-V*'av line tiirouzh a central anr,l_ of 24'44*-9' for a distance of 845.83 feet to the point of tangency; then.:e run N 79'18'14" W along said Northerly Right-of-Way line for a distance of 691.26 feet to the point of curvature of a curve concave Southwesterly having a radius of 2612.09 feet; thence run Northwesterly alone the arc of said curve and said Northerly Right-of-Way line through a w central angle of 11°4638" for a distance of 536.92 ferr to the point of taneencv;thence run S 88°55'08" W alone said Norther]%- Right-of-Way o line for a distance of 178.11 fee: to the Westerly Right-of-) av lime of - r- r- Vistaw-illa Drive; thence ran N 10°23'19" E alone said Westerl-' Right-of- C15 Way Bile for a distance of 16.23 feel to the point of ctin'aure of a curve concave Southeasterly having a radius of ;"0.00 feet; t�iience ;un t- ," Northeasterly alone the arc of said curve and said Westerly Right-of-Way line through a central angle of 6900'18" for a distance of 650.36 feet to the point of reverse curvature of a cunre concave Nonhwesteriv havine a radius of 710.00 feet and a chord bearing of N 71'54'55" E. thence ru11 Northeasterly along the arc of said curve and said Westerly Right-of-Way line through a central anele of 14°57'22" for a distance of 185.33 feet; thence leaving said Westerly Right-of-Way line nen N 30°22'39" W alone 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 BEGINNING; thence run N 00°07'21" E for a distance of 100.00 feet; thence run N 47°03'59" 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" W for 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-Wav line of State Road No. 434 (60' RM); thence run N 89°52'39" W along said South Right-of-NVav line for a distance of 522.20 feet: thence run S 89'32'14" W along said South Right-of-Wav line for a distance of 850 feet more or less to the cerzer:ina cf with Howell Creek; thence run _ Southerly along the centerline of Howell Creek for a distance of 950 feet mor or less to a point in said centerline of Howell Creek lvina N 89°52'39" W a distance of 1425 feet more or less from the PONT OF BEGINNL iG; thence run S 89°52'39" E for a distance of I A feet more or less to the POINT OF BEGLNNIING. Containing 25.2 acres more or less and being subject to any rieht-of Way, restrictions and casements of record. G VL 1j a r; r r, G � L� m rn Q f? -} T r •- f�1 n ri p � c • y- fV Cf i1 { 3 i 1� (Pace 12 of 1,) 3 PARSE:. _S/FARCE:. 4 DESCRIPTION: That part of the MAP OF THE PHILLIP R. YONGE GRANT, as recorded in Plat Book 1, Pages 35 through 38 of the Public Records of Seminole County, Florida, being described as follows: - Commence at the Southeast comer of Section 8, Township 21 South. Range 3 i East, Seminole County. Florida, thence run S 00024'55" E along the East line of the Northeast 1/4 of said Section 8 for a distance of 205.56 feet to the Northerly Riaht-of-Way line of the Lake Charm Branch of the Seaboard Coast Line Railroad (100' P fW); thence run N' 54-;-A'57" 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 66°56'09" W; thence run Northwesterly along the �� s arc of said curve and said Northerly Right-of-Way line through a central angle of 2`44'10" for a distance of 85.83 feet to the point of tangency; thence run N 79018'14" W along said Northerly Right-of-NVay line for a distance of 691.26 feet to the point of curvature of a curve concave Southwesterlv having a radius of 2612.09 fee:; thence run Nor`hwesterly along the arc of said curve and said Northerly Ritrht-of-R�a} line throueh a central angle of 1104638" for a distance of 536.92 feet to the point of oma. tangency; thence run S 8855'08" W along said Nor�herly Right-of Z +� line for a distance of 178.11 feet to the Westerly Right-of-Vt-ay line of r Proposed Vistawilla Drive; thence run N 1023119" E alone said Westerly a ., Right-of-Way line for a distance of 16.23 feet to the point o` curvarure of a �- carve concave Southeasterly having a radius of 540.00 feet; thence Northeasterly along the arc of said curve and said Westerly Runt-of-W2V - line through a central angle of 69000'18" for a distance of 650.36 feet to� the point of reverse curvature of a curve concave Northwsterly have-L22 a radius of 710.00 feet and a chord bearing of N 7105.4'55'_' E. thence run Northeasterly along the arc ofsaid curve and said Westerly Right-of-Way line through a central angle of 14"57'22" for a distance of 185.33 feet; hence leaving said Westerly Right-of-Way line run N 30°22'39" W along 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; thence run N 0007'21" E for a distance of 100-00 feet; thence run N 47°03'59" 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 BEGIIqNL\1G; thence continue N 00°07'21" E for a distance of 210.00 feet; thence run N 89°52'39" W along the South Right-of-Way line of State Road 434 (50' R W) for a distance of 311.14 feet; thence run S 00007'21" W for a distance of 210.00 feet: thence run S 89°52'39" E for a distance of 311.14 feet to tlje POINT OF BEGINNING. Containing 1.540 acres more or less and D_ir:g suCiect to ar,. : gh.s_o;_ rest;rCi10:15 and ta5e::7e ZL Of ('aae -3 o-' '__) Ph;t=---S IS ary! so Mobinad) �ti;,Ib1�1Tf 11SAT;SFACTOi+`4 N_ f�R �tiGnt,G�HQHICS All ttrac part of the MV of the Mllip .R. Yoore Grant as recorded in „ iv Plat Boot 1, Pages 35 tbroagh 32 of the Public Records of Seminole 'T 1' County, Florida said a portion of die Soudm=. 1/4 of Section S and a = ~' portion of the Northrut 114 of-Section E, Township .21 South, Range 31 Ess:, Seminole County, Fiondt, lying South of S.R. 434, (old S.R. c �_ 419 , North of the Late Charm Branch of the Seaboard Cyst Line Railroad and East of GARDENA FARMS, TOWN BYTES as recorded in w Plat Book b, Parc 39 of the Public Roeards of Seminole County, Florida, less Right- Of-Way for E lack Hommock Branch of the S.C.L. R oii road. All together contolning 27E.322 acres more or less. w m o C3 =- r rn a= iC2r c. z i lV C I 'r i i 1 (?aae 14 cf 15) i :A m JESSUP PF40p „Y ns �i v� T !'1 f'7 DF�.S ceiPT�Gil � �„ Lo:c I :=.nd Blod"A. t"7_R. NUTCHELL'S SL"RVBY 4r TIIF-- jRAN accordins to the platl recorded in Platt Book I. P:!'.-'c Of Of the pkl")"c r%"Z orris o: Sen:ino'_ County- Florida. Con-,nming 2-0.77 :tcrcc more or less. w m r O =V n d � r •" LEGIRM UNSATISF NDRY c7 r. FOR MICROFILMING o — p I I 3F f 3 i k 1 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; f g. Appliances, sales and service; r, tiC- C-- h. Artists` studios; ti i. Attorneys; r j. Automotive accessories sales; k. Bakery, retail; c 1. Bathroom accessories; M. Bicycles, sales and service; n. Bookstores, stationery, newsstands; 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 w from residential property within the Tuscawilla PUD;,,, — c q. Butcher shop, retail only; o cn�w r. Carpets, rugs and linoleum; S. Car wash, automated and enclosed, similar to Shinersrn 7 and those associated with gasoline service stations; c, t. Churches; a T -e- -o u. Cleaners; V. Coin dealers; r=� t 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 househcld 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; an. Insurance; ;T — ao. Interior decorating and draperies; J '- ap. Jewelry stores; aq. Libraries; ar. Loan companies; _ cz> as. Locksmiths; at. Luggage shops; au. Medical clinics and laboratories; -- ay. 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; Cn o_ bc. Private clubs and lodges; { r") bd. Quick printers; o be. Radio and TV broadcasting studios, excluding towers* bf. Radio, TV, video and stereo sales and service; o bg. Rental shops; bh. Regulated professions, offices and professions r r�j licensed and regulated by the department of professional regulation pursuant to F.S. Ch. 455 and F.S. 520.80, 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 C/BJM 6786062PCU 07/30/90.1 contractors associated therewl.th; bo. Taxidermists; bp. Telephone business office and exchanges; f bq. Theaters, not drive-ins; br. Title companies; bs. Tobacco shops; bt. Toy stores; rn ry o bu. Travel agencies; rn c,^ bv. Wearing apparel stores; bw. Hairstylist, barber shops, beauty shops; r' t bx. Musical instruments, sales and service; by. Record stores, music stores; bz. Optical services and sales; r= ��- ca. Camera shops, Photographic stores, Photo developers. CC) i 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 m therewith, such as Firestone, Goodyear, Allied en o Discount Tires, Sears, K-Mart; c t cj. Automotive services, specialized such as oil change o sv Y k and tune up centers; ck. Boat sales and services (new) , including customarily associated services; T V cl. Retail sales: Building and Plumbing supplies, r ev � 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; ca. Roofing, retail sales, when associated with another permitted use; cr. Mini-Warehouses and storage; 3 C/BJM 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. :v rr. n � 1 w tv 0 a N ey o a f r � a• � � x W � m i i k i 4 C/HJ'M 6786062PCU 07/30/90.1 E i Lake Jessup .4 N r_ 4 LAKE JESSUP PROPERTY r' - S r z LAND USE l — �^• M3 SINGLE FAMILY L EM MULTI FAMILY I D COMMERCIAL t D ROAD R—Q w_ PARCEL BO e � 1 � 4`'t �-- �� !• '"" PARCEL 15 ` 1 f ' PARCEL 61 -4 \ „f�' •, :.�1 � ) � _r -.., r!� !� PARCEL 14C — O REMAINING PROPERTY TUSCAWILLA P.U.D. FROM=9m. WINTER SPRINGS DEVELOPMENT JOINT VE1'TURE f =•XH7=-:T ,.1N tt'l11(I':Il[l1(: trll+:jlt(!iI t'I!r' i•rt'i I ;} 'K ir!t•'s I': IIr 1•r f,I! li.'Tt.t'"j'et .f�.f��r 7 r 1 ! I 1 � .t n �I, � ( .. 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':..�Ire.i`i•t! `�f{ri,•t1 - i: a -- b 7 I:s`;:lirt+r il= l:irrII • � !i !+:1 'll'rIl�i 1:•�ii!tt(i:,i•'�:--+! '•a ray t ,''F�.�/1U 1�.:rj' } ,.1.- ill. •'':'�� �1 co C3 rn i R c - "ice �t- t �•* pt—,rl �.' s•••'•iJl. • �� ..r, �___ n *— r -� Ate. >' LID 9 s I � �iltt � I` •.s :, ra.i i � � � (!;iii +1 •.�',-;t' j:! . im OOMALMW. WINTMi aaot,.rta. ..c 3 •�• GUL�STREAM pRLRNJ� a`=a= �.. '.�'� M.. •��" — � _ — moi•. --E�--����.r�' —a. _ If