HomeMy WebLinkAboutStandard Pacific of Florida Developer's Agreement 2017 04 24 I flllll 11111 IIlII Illll fllll 1!111 1111!III
GRANT NALOY, SEMINOLE COUNTY
CLERK OF CIRCUIT COURT & COMPTROLLER
BK 89:9 Fss 457-471 (15Pgs)
CLERK'S 2017763341
RECORDED 06/2.3/2017 CIS-206:03 AM
RECORDING FEES $129.00
THIS INSTRUMENT WAS PREPARED BY RECORDED BY ,ieckenro
AND SHOULD BE RETURNED TO:
Anthony Garganese
City Attorney of Winter Springs
Garganese,Weiss&D'Agresta,P.A.
111 N.Orange Avenue,Suite 2000
Orlando,FL 32802
(407)425-9566
FOR RECORDING DEPARTMENT USE ONLY
DEVELOPER'S AGREEMENT
THIS DEVELOPER'S AGREEMENT (the "Agreement") is made and entered into on
this 24th day of April, 2017, by and between the CITY OF WINTER SPRINGS, a Florida
Municipal Corporation (the "CITY"), whose address is 1126 East S.R. 434, Winter Springs,
Florida 32708, and STANDARD PACIFIC OF FLORIDA, a Florida general partnership
("DEVELOPER"), whose address is 444 West New England Avenue, Suite 220, Winter Park,
Florida 32789.
WITNESSETH:
WHEREAS,this Agreement is related to certain real property located in Seminole County,
Florida and more particularly described on EXHIBIT "A", which is hereby fully incorporated
herein by this reference(the "Property"); and
WHEREAS, DEVELOPER is the current fee simple owner of the Property in which it
intends to develop a residential community consisting no more than four hundred fifty (450)
residential units more particularly known as "Tuskawilla Crossings" (the"Project"); and
WHEREAS, DEVELOPER and the CITY have already entered into that certain
Annexation Agreement, dated May 21, 2014 and recorded in the Official Records of Seminole
County, Florida at Book 2504, Page 1327, that addresses certain development matters relating to
the Project,including,without limitation,the provision by the CITY of local municipal services to
the Project("Annexation Agreement"); and
WHEREAS, Section 20-352 of the City's Code of Ordinances requires that any PUD
zoning district obtain the approval of a Developer's Agreement between the applicant and the
CITY prior to any site work on the Project commencing(the"Ordinance"); and
WHEREAS,this Agreement is not a statutory development agreement pursuant to Chapter
163, Florida Statutes (Florida Local Government Development Agreement Act), and is being
entered into by the CITY pursuant to the CITY's home rule authority and as a condition of the
Ordinance and the Annexation Agreement; and
Developer's Agreement
City of Winter Springs and Standard Pacific of Florida
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Book8939/Page457 CFN#2017063341 Page 1 of 15
WHEREAS, the CITY and the DEVELOPER desire to enter into this Agreement to
memorialize certain promises, agreements, covenants and expectations pertaining to the
development and other matters as provided for herein.
NOW THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties mutually agree as follows:
1.0 Recitals:Effective Date. The foregoing recitals are true and correct and are hereby
incorporated herein by this reference. The Effective Date of this Agreement shall be conditioned
upon the approval of this Agreement by the City Commission of Winter Springs and full execution
by the parties. The Parties agree that the effective date of this Agreement shall be April 24, 2017
("Effective Date").
2.0 Authority. This Agreement is entered into pursuant to the Florida Municipal Home
Rule Powers Act.
3.0 Approval of Final Engineering Plans. DEVELOPER shall permit and construct
the development on the Property that is set forth in the final engineering/subdivision and aesthetic
review plans that were approved by the City Commission on April 24, 2017, and as may be
amended from time to time by DEVELOPER and the CITY. ("Final Engineering eerin Pg_lans'). A copy
of the Final Engineering Plans shall be maintained on file at City Hall. From the Effective Date
of this Agreement, the Final Engineering Plans will direct and control the development of the
Project, and to the extent of any conflict between the Final Engineering Plans and this Agreement
or the Annexation Agreement,the terms and conditions of the Final Engineering Plans shall control
and prevail over any conflicting terms and conditions of this Agreement or the Annexation
Agreement.
4.0 City Approvals. In addition to the requirements and obligations of the
DEVELOPER herein, the development of the Property and the Project shall be subject to the
Winter Springs City Code requirements ("City's Code'), final plat, Final Engineering Plans, and
other development orders and permits for the Project and Property, including the conditions of
such development orders, approvals and permits (collectively, the"CityApprovals").
5.0 Future Plat Approvals. The CITY and DEVELOPER acknowledge and agree
that the final plat for the property shall be presented to the City Commission for approval, in
accordance with City Code Sections 9-75 through 9-78. The platting may occur in phases in
conformance with the phased development plan depicted on the Final Engineering Plans. The area
required to be dedicated for park and amenities described in EXHIBIT "B-1" shall be dedicated
and set aside for said purposes within Phase 1 of the Project. However, construction of the park
and amenities shall be in accordance with Section 6.0 of this Agreement.
(a) Pursuant to Section 9-76 of the City Code,DEVELOPER will deliver to the
CITY an original irrevocable letter of Credit("Infrastructure LOC") in a dollar amount sufficient
to cover the cost of completion of all public infrastructure required to be constructed within the
portion of the Property being platted, by DEVELOPER within each phase, including but not
limited to, streets, drainage facilities, sidewalks, water and sewer facilities, landscaping and other
Developer's Agreement
City of Winter Springs and Standard Pacific of Florida
Page 2 of 11
Book8939/Page458 CFN#2017063341 Page 2 of 15
fully complies with the provisions of this Agreement and completes the construction and
installation of the public infrastructure associated with each phase of development. The
Infrastructure LOC shall be delivered no later than the date of the recording of each plat. In
addition,the Infrastructure LOC shall be maintained in good standing for the benefit of the CITY
until the public infrastructure is accepted by the CITY. Upon acceptance of the public
infrastructure by the CITY,the CITY shall promptly return the LOC to DEVELOPER.
(b) At such time the CITY accepts the public infrastructure within any platted
portion of the Property and pursuant to Section 9-76 of the City Code, DEVELOPER will deliver
to the CITY an original irrevocable Letter of Credit ("Maintenance LOC") in a dollar amount
determined by the CITY, based on an estimate of a duly qualified engineer to be financially
sufficient to cover the cost of maintenance of the installed public improvements for two(2) years
after the date of the completion and acceptance by the CITY. In addition, the Maintenance LOC
shall be maintained in good standing for the benefit of the CITY until it is released by the CITY
at such time the two year period expires.
(c) All LOC's required by this paragraph shall be issued by a nationally
recognized bank qualified to do business in the State of Florida that is deemed acceptable to the
City. The City of Winter Springs shall be the named beneficiary under each of the LOC's and the
LOC's shall be in a form reasonably deemed acceptable to the City Attorney.
6.0 Phasing. The Project will be developed in three phases as shown on the Final
Engineering Plans. Phase 1 shall be the first phase consisting of approximately 189 units and that
portion of the Phase 1 park and amenity described on EXHIBIT "B-1". Phase 2 shall be the
second phase consisting of 190 units and that portion of the Phase 2 park and amenity described
on EXHIBIT"B-I". Phase 3 shall be the third phase consisting of the commercial outparcels and
the portion of the Phase 3 park and amenity described on EXHIBIT "B-1". The details of the
amenity and park features outlined on EXHIBIT "B-1" are more particularly described in the
Final Engineering Plans. DEVELOPER may adjust the number of units in each phase and the
phasing lines subject to City Staff review and approval DEVELOPER, or any subsequent
developer of the commercial parcel depicted as part of Phase 3,may develop the commercial parcel
at any time and is not required to wait to develop the commercial parcel prior to Phases 1 and 2
being developed; provided, however, the Phase 3 park and amenity shall be fully completed for
use by residents no later than the date that the DEVELOPER receives a certificate of occupancy
from the CITY for the 300'residential unit completed during the Project.
7.0 Model and Sales Center. The CITY agrees to allow DEVELOPER to construct
both a sales office and up to ten(10)model homes for each of Phase 1 and Phase 2 to be used for
the customary temporary marketing and sales activities of DEVELOPER or their successors or
assigns. Further,nothing herein shall cause to limit the number of inventory homes(pre-sale, spec
homes) that may be constructed on the Property. The CITY represents that such marketing and
sales activities shall be permitted through buildout of the Project. CITY agrees to permit early
construction of the model homes prior to plat approval upon completion of stabilized access to the
model home center and adequate means of fire protection from a CITY approved source of water
and under the following conditions which are deemed acceptable to DEVELOPER:
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(a) The model homes shall remain under DEVELOPER'S ownership and
control until such time as a final certificate of occupancy for each unit issued under the conditions
set forth below.
(b) The model homes shall be constructed in a location reasonably acceptable
to the CITY,and any associated parking,pedestrian activity and other activities conducted by sales
staff or the general public shall be adequately segregated from construction activities to ensure
safety. The model center shall comply with all applicable state and city regulations regarding
accessibility.
(c) Prior to construction,the model homes shall be duly permitted by the CITY
in accordance with the City's Code.
(d) At such time as the City Building Official completes and approves a final
inspection of the model homes, the CITY will issue a temporary certificate of occupancy. Said
temporary certificate of occupancy shall be issued for each model home as a whole. Occupancy
of the model home units shall be limited to the sales and marketing efforts for the Project until a
final certificate of occupancy is issued for such units. It is intended that the model homes can be
shown by sales staff to prospective buyers as long as the Building Official has issued the temporary
certificate of occupancy and the model is not staffed continuously. DEVELOPER may erect an
ADA accessible tent and/or portable restrooms onsite for use by prospective buyers and
DEVELOPER prior to final certifications of water and sewer infrastructure.
(e) At the request of DEVELOPER or at such time as the Project development
is completed, whichever occurs sooner, the model home units shall be converted into permanent
residential units and the CITY shall issue final certificates of occupancy for each model home unit,
provided, that the City Building Official determines that such units are suitable for permanent
residential occupancy and in compliance with the City Codes.
(f) Prior to the construction of any model home units,the model units shall be
duly permitted by the CITY in accordance with all City Codes. As part of the building permit
application,the DEVELOPER shall submit, along with all construction plans for the units, a duly
certified boundary survey which shall depict the location and legal description of each individual
model lot. The DEVELOPER acknowledges and agrees that this legal description is intended to
coincide with the eventual location of the lots as depicted and legally described on the final plat.
The DEVELOPER assumes full and complete responsibility in the event that said legal
descriptions do not confirm to the lot lines required by the CITY in the final plat. DEVELOPER
fully understands the construction of model homes before final plat is approved by the CITY may
pose a risk to the DEVELOPER if the approved plat is not consistent with the layout of model
home on the subject property,and that such risk may require modification or removal of the model
home based on the approved plat before a final certificate of occupancy can be issued for the model
home. DEVELOPER agrees to indemnify and hold the CITY harmless regarding the layout and
construction of the model home under this Agreement.
Developer's Agreement
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Book8939/Page460 CFN#2017063341 Page 4 of 15
8.0 Utility Improvements.
(a) The development of the Property must connect to the CITY's potable water and
wastewater facilities at the DEVELOPER's expense. All of the CITY's Code requirements and
specifications concerning utility connections and all of the CITY's Code requirements and
specifications concerning solid waste collection apply to the Property and development thereof.
(b) The DEVELOPER shall obtain water and sewer capacity through the CITY's
established reservation procedures. The CITY confirms that as of the Effective Date of this
Agreement, sufficient plant capacity exists to service the Project with water and sewer service,
however, this Agreement does not reserve capacity to the Property and the Project. The Project,
if developed in accordance with the applicable provisions of the City Comprehensive Plan, City
Code, the Annexation Agreement and this Agreement, satisfies and is fully vested against the
concurrency requirements for sewer, potable water, reclaimed water and transportation as
described in the City Code and the Comprehensive Plan.
9.0 Development Conditions. The portion of the Property currently designated as
PUD zoning as outlined on Exhibit"C"to the Annexation Agreement shall be subject to the Town
Center T3 transect zoning requirements of the City's Code,except where noted or shown otherwise
on the Final Engineering Plans or this Agreement.
10.0 Issuance of Buildina Permits. CITY agrees to issue building permits for the
construction of homes during the site work phase of the Phase 1 and Phase 2 portion of the Project
provided that DEVELOPER has completed stabilized access to the proposed lot for which the
building permit is being requested and adequate means of fire protection from a CITY approved
source of water is available to said lot. DEVELOPER understands and agrees that no certificates
of occupancy shall be issued (except for temporary certificates of occupancies for model homes)
with respect to a lot until the Phase 1 site work (as depicted on the CITY approved
engineering/construction plans)has been completed and approved by the CITY with respect to the
Phase 1 portion of the Project, and not until the Phase 2 site work (as depicted on the CITY
approved engineering/construction plans) has been completed and approved by the CITY with
respect to the Phase 2 portion of the Project. Completion of the Phase 2 portion of the site work
shall have no bearing on the issuance of certificates of occupancy for the Phase 1 portion of the
Project.
11.0 Conveyance of Easements. DEVELOPER shall convey to the CITY all applicable
easements depicted on the Final Engineering Plans in a form deemed reasonably acceptable to the
CITY's attorney, prior to CITY's final acceptance of the improvements. Said easements may be
conveyed by Final Plat or separate legal instrument.
12.0 Conveyance of Streets and Roads. DEVELOPER shall convey to the CITY all
streets and roads, excluding passes/alleys, located on the Property as depicted on the Final
Engineering Plans,along with all related improvements. The conveyance,which shall be in a form
reasonably acceptable to the CITY's attorney, shall be by a recorded Plat and warranty deed and
free and clear of all liens, and mortgages, and other encumbrances not reasonably acceptable to
the CITY. The homeowners association shall be responsible for maintenance of all landscaping,
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irrigation, hardscaping and other decorative features not specifically dedicated to the CITY. In
addition, the homeowners association shall be responsible for the maintenance of any decorative
landscape and hardscape improvements in the public right-of-way of the Property.
13.0 Setback Clarifications.
(a) T3 Zoning Setbacks. The CITY and DEVELOPER believe that a
scrivener's error is contained within the City's Code with respect to the required minimum and
maximum setbacks for Town Center T3 transect zoning. Notwithstanding the City's Code
containing a maximum permitted rear setback of six (6)feet for Town Center T3 transect zoning,
DEVELOEPR and CITY hereby agree to waive any maximum rear setback with respect to the
portion of the Project located in the Town Center T3 transect zoning. The minimum rear setback
for the portions of the Project located within the Town Center T3 transect zoning shall remain at
three(3) feet in accordance with the City's Code.
(b) T5 Zoning Setbacks. The CITY's Code provides for a rear setback of three
(3) feet in the Town Center T5 transect zoning. In order to avoid any confusion, the CITY and
DEVELOPER agree that this is minimum rear setback and not a maximum. Therefore,any portion
of the Project located in the Town Center T5 transect zoning shall have a minimum of a three(3)
foot rear setback. The maximum front setback for the portions of the Project located within the
Town Center T5 transect zoning shall remain at eight(8) feet in accordance with the City's Code.
(c) T3 Zoning Lot Depths. The CITY's Code for Town Center T5 transect
zoning provides that lot depths shall not exceed one hundred seventy five (175) feet. The CITY
agrees that lots 27, 28 and 29 as depicted on EXHIBIT "D" attached hereto and incorporated
herein shall be permitted to have maximum lot depths not to exceed two hundred fifteen(215)feet.
14.0 Offsite Improvements/Contribution of Lands. The CITY and DEVELOPER
agree that all required onsite and offsite improvements are shown on the Final Engineering Plans.
15.0. Decorative Regulatory Signage and Lighting. Prior to issuance of certificate of
completion and acceptance of the infrastructure, DEVELOPER and the CITY shall enter into a
separate Use and Maintenance Agreement outlining responsibilities related to the decorative street
lights and signage, including but not limited to,the cost differential between maintaining standard
street lights and signs and the decorative street lighting and design requirements. Said agreement
shall substantially conform to the standard decorative street light and signage form agreement that
was previously approved by the City Commission to be utilized on a citywide basis which shall be
assignable and run with the land. DEVELOPER acknowledges that prior to turning the
homeowner's association over to its members,DEVELOPER will assign the Use and Maintenance
Agreement to the homeowner's association for continuation of obligations related thereto.
16.0. Construction Roll-off Dumnsters and Solid Waste Services. DEVELOPER
acknowledges that the City's solid waste franchise agreement requires all construction roll-off
dumpsters and solid waste services to be furnished by the City's exclusively franchised solid waste
contractor, without exceptions. In furtherance of the franchise agreement and during the
construction of the Project,the DEVELOPER shall contract with the CITY's solid waste contractor
Developer's Agreement
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Book8939/Page462 CFN#2017063341 Page 6 of 15
to provide all solid waste collection and disposal services including,but not limited to,construction
roll-off dumpster service.
17.0 Representations of the Parties. The CITY and DEVELOPER hereby each
represent and warrant to the other that it has the power and authority to execute, deliver and
perform the terms and provisions of this Agreement and has taken all necessary action to authorize
the execution, delivery and performance of this Agreement. This Agreement will, when duly
executed and delivered by the CITY and DEVELOPER and recorded in the Public Records of
Seminole County, Florida, constitute a legal, valid and binding obligation enforceable against the
parties hereto and the Property in accordance with the terms and conditions of this Agreement.
DEVELOPER represents that it has voluntarily and willfully executed this Agreement for purposes
of binding the Property to the terms and conditions set forth in this Agreement.
18.0 Successors and Assigns. This Agreement shall automatically be binding upon and
shall inure to the benefit of the CITY and DEVELOPER and their respective successors and
assigns. The terms and conditions of this Agreement similarly shall be binding upon the Property
and shall run with title to the same.
19.0 Applicable Law; Venue. This Agreement shall be governed by and construed in
accordance with the laws of the State of Florida. The parties agree that venue shall be exclusively
in Seminole County, Florida, for all state disputes or actions which arise out of or are based upon
this Agreement, and in Orlando, Florida, for all federal disputes or actions which arise out of or
are based upon this Agreement.
20.0 Amendments. This Agreement shall not be modified or amended except by written
agreement duly executed by both parties hereto (or their successors or assigns) and approved by
the City Commission.
21.0 Entire Agreement; Exhibits. This Agreement and all attached exhibits hereto
supersedes any other agreement, oral or written, regarding the Property and contains the entire
agreement between the CITY and DEVELOPER as to the subject matter hereof. The Exhibits
attached hereto and referenced herein are hereby fully incorporated herein by this reference.
22.0 Severability. If any provision of this Agreement shall beheld to be invalid or
unenforceable to any extent by a court of competent jurisdiction, the same shall not affect in any
respect the validity or enforceability of the remainder of this Agreement.
23.0 Recordation. This Agreement shall be recorded in the Public Records of Seminole
County, Florida.
24.0 Relationship of the Parties. The relationship of the parties to this Agreement is
contractual and DEVELOPER is an independent contractor and not an agent of the CITY. Nothing
herein shall be deemed to create a joint venture or principal-agent relationship between the parties,
Developer's Agreement
City of Winter Springs and Standard Pacific of Florida
Page 7 of 11
Book8939/Page463 CFN#2017063341 Page 7 of 15
and neither party is authorized to, nor shall either party act toward third persons or the public in
any manner, which would indicate any such relationship with the other.
25.0 Sovereign Immunity. Notwithstanding any other provision set forth in this
Agreement,nothing contained in this Agreement shall be construed as a waiver of the CITY's right
to soverign immunity under Section 768.28, or other limitations imposed on the CITY's potential
liability under state or federal law. As such,the CITY shall not be liable,under this Agreement for
punitive damages or interest for the period before judgment. Further, the CITY shall not be liable
for any claim or judgment, or portion thereof, to any one person for more than two hundred
thousand dollars($200,000.00),or any claim or judgment,or portion thereof,which,when totaled
with all other claims or judgments paid by the State or its agencies and subdivisions arising out of
the same incident or occurrence,exceeds the sum of three hundred thousand dollars($300,000.00).
26.0 City's Police Power. DEVELOPER agrees and acknowledges that the CITY
hereby reserves all police powers granted to the CITY by law. In no way shall this Agreement be
construed as the CITY bargaining away or surrendering its police powers.
27.0 Interpretation. The parties hereby agree and acknowledge that they have both
participated equally in the drafting of this Agreement and no party shall be favored or disfavored
regarding the interpretation to this Agreement in the event of a dispute between the parties.
28.0 Third-Party Rights. This Agreement is not a third-party beneficiary contract and
shall not in any way whatsoever create any rights on behalf of any third party.
29.0 Specific Performance. Strict compliance shall be required with each and every
provision of this Agreement. The parties agree that failure to perform the obligations provided by
this Agreement shall result in irreparable damage and that specific performance of these
obligations may be obtained by a suit in equity.
30.0 Attorney's Fees. In connection with any arbitration or litigation arising out of this
Agreement, each party agrees to bear their own attorney's fees and costs.
31.0 Development Permits. Nothing herein shall limit the CITY's authority to grant or
deny any development permit applications or requests subsequent to the effective date of this
Agreement. The failure of this Agreement to address any particular City, County, State and/or
Federal permit, condition, term or restriction shall not relieve DEVELOPER or the CITY of the
necessity of complying with the law governing said permitting requirement, condition, term or
restriction. Without imposing any limitation on the CITY's police powers, the CITY reserves the
right to withhold, suspend, or terminate any and all certificates of occupancy for any building or
unit if DEVELOPER is in breach of any term and condition of this Agreement.
32.0 Default; Opportunity to Cure. Should either party desire to declare the other
party in default of any term and condition of this Agreement,the non-defaulting party shall provide
the defaulting party a written notice of default. The written notice shall, at a minimum, state with
particularity the nature of the default, the manner in which the default can be cured, and a
reasonable time period of not less than thirty (30) days in which the default must be cured. No
Developer's Agreement
City of Winter Springs and Standard Pacific of Florida
Page 8 of 11
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action may be taken in a court of law on the basis that a breach of this Agreement has occurred
until such time as the requirements of this paragraph have been satisfied.
33.0 Force Maieure. The parties agree that in the event that the failure by either party
to accomplish any action required hereunder within a specified time period ("Time Period")
constitutes a default under the terms of this Agreement and, if any such failure is due to any
unforeseeable or unpredictable event or condition beyond the control of such party, including,but
not limited to, acts of God, acts of government authority(other than the CITY's own acts), acts of
public enemy or war, riots, civil disturbances, power failure, shortages of labor or materials,
injunction or other court proceedings beyond the control of such party, or severe adverse weather
conditions("Uncontrollable Event"),then,notwithstanding any provision of this Agreement to the
contrary, that failure shall not constitute a default under this Agreement and any Time Period
proscribed hereunder shall be extended by the amount of time that such party was unable to
perform solely due to the Uncontrollable Event. The extended time period shall be agreed to in
writing by the parties and said agreement shall not be unreasonably withheld by either party.
Developer's Agreement
City of Winter Springs and Standard Pacific of Florida
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IN WITNESS WHEREOF,the parties have hereunto set their hands and seal on the date
first above written.
CITY OF WINTER SPRINGS
By:
Cha es Lacey,Via or
ATTEST:
By: t f�'--,/
Andrea Lorenzo Luaces, City Clerk
APPROVED AS TO FORM AND LEGALITY
For the use and reliance of the City of Winter Springs,
Florida only. n
CITY SEAL , Date:
By:
LGarganese, City Attorney for
the City of Winter Springs, Florida
Developer's Agreement
City of Winter Springs and Standard Pacific of Florida
Page 10 of 11
Book8939/Page466 CFN#2017063341 Page 10 of 15
Signed, sealed and delivered in the STANDARD PACIFIC OF FLORIDA, a Florida
presence of the following witnesses: general partnership
tit By:
Signatu of Witness
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Printed Name of Witness J f
Date:
afore of Witn l
Printed Name of Witness
STATE OF F1 U(*j
COUNTY OF +k,.
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The foregoing instrument was acknowledged before me this�� day of ,
2017,b1 Qat , as OP L-IL of STANDARD PACIFIC OF FLOR DA, a
Florida general partnership, on behalf of said partnership . He is personally known to me or
produced as illentification.
(NOTARY SEAL) AtIlt-
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Notary Public, State�f or
Max Pwbvwn Commission No.:
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Developer's Agreement
City of Winter Springs and Standard Pacific of Florida
Page I I of I I
Book8939/Page467 CFN#2017063341 Page 11 of 15
LEGAL DESCRIPTION PARCEL 1:
A TRACT OF LAND LYING IN SECTION 6, TOWNSHIP 21 SOUTH. RANGE 31 EAST, SEMINOLE COUNTY FLORIDA, DESCRIBED AS
FOLLOWS:
BEGIN AT THE SOUTHWEST CORNER OF THE RESERVE AT TUSCAWILLA, PHASE II, ACCORDING TO THE PLAT THEREOF AS RECORDED
IN PLAT BOOK 50, PAGES 3 THROUGH 9 OF THE PUBLIC RECORDS OF SEMINOLE COUNTY,.FLORIDA, SAID POINT LYING ON THE
NORTHERLY UNE OF RAILS TO TRAILS, AS RECORDED IN OFFICIAL RECORDS BOOK 3177, PAGE 632 OF SAID PUBLIC RECORDS;
THENCE RUN ALONG SAID NORTHERLY LINE AND THE EASTERLY LINE THEREOF THE FOLLOWING COURSES: RUN NORTH 5528'13"
WEST, FOR A DISTANCE OF 1393.50 FEET TO A POINT ON A NON-TANGENT CURVE CONCAVE NORTHEASTERLY;THENCE RUN
NORTHWESTERLY ALONG SAID NON-TANGENT CURVE, HAVING A RADIUS OF 1815.35 FEET, A CENTRAL ANGLE OF 31'08'12", AN ARC
LENGTH OF 986.53 FEET, A CHORD DISTANCE OF 974.43 FEET AND A CHORD BEARING OF NORTH 39'53'20" WEST TO A POINT OF
COMPOUND CURVATURE OF A CURVE CONCAVE NORTHEASTERLY; THENCE RUN NORTHWESTERLY ALONG SAID CURVE, HAVING A
RADIUS OF 2148.74 FEET, A CENTRAL ANGLE OF 02"54'02", AN ARC LENGTH OF 108.78 FEET, A CHORD DISTANCE OF 108.77 FEET
AND A CHORD BEARING OF NORTH 22'52'13" WEST; THENCE RUN NORTH 4931'30" EAST, NON-RADIAL WITH SAID CURVE, FOR A
DISTANCE OF 583.99 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF STATE ROAD 434, ACCORDING TO FLORIDA
DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY MAP SECTION 77070-2517; THENCE RUN SOUTH 39'46'37" EAST, ALONG SAID
SOUTHERLY RIGHT-OF-WAY LINE, FOR A DISTANCE OF 257.09 FEET TO A POINT ON A NON-TANGENT CURVE CONCAVE
NORTHEASTERLY; THENCE RUN SOUTHEASTERLY, DEPARTING SAID SOUTHERLY RIGHT-OF-WAY LINE. ALONG SAID NON-TANGENT
CURVE, HAVING A RADIUS OF 2998.40 FEET, A CENTRAL ANGLE OF 1051'59", AN ARC LENGTH OF 568.65 FEET, A CHORD
DISTANCE OF 567.60 FEET AND A CHORD BEARING OF SOUTH 47'12'24" EAST TO THE INTERSECTION OF SAID SOUTHERLY
RIGHT-OF-WAY LINE WITH THE NORTHERLY RIGHT-OF-WAY LINE OF OLD STATE ROAD 434, ACCORDING TO THE AFORESAID
FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY MAP SECTION 77070-2517; THENCE RUN ALONG SAID SOUTHERLY
RIGHT-OF-WAY LINE'THE FOLLOWING COURSES: CONTINUE ALONG SAID NON-TANGENT CURVE, HAVING A RADIUS OF 2998.40 FEET,
A CENTRAL ANGLE OF 0708'45", AN ARC LENGTH OF 373.96 FEET. A CHORD DISTANCE OF 373.71 FEET AND A CHORD BEARING
OF SOUTH 5612'46" EAST; THENCE RUN NORTH 30'12'52" EAST, RADIAL WITH SAID CURVE FOR A DISTANCE OF 15.00 FEET TO A
POINT ON A NON-TANGENT CURVE CONCAVE NORTHEASTERLY; THENCE RUN SOUTHEASTERLY ALONG SAID NON-TANGENT CURVE,
HAVING A RADIUS OF 2983.40 FEET, A CENTRAL ANGLE OF 03'21'20". AN ARC LENGTH OF 174.72 FEET, A CHORD DISTANCE OF
174.69 FEET AND A CHORD BEARING OF SOUTH 61'27'48" EAST; THENCE RUN SOUTH 04'13'03" WEST. NON-RADIAL WITH SAID
CURVE, FOR A DISTANCE OF 5.42 FEET TO A POINT ON A NON-TANGENT CURVE CONCAVE NORTHEASTERLY; THENCE RUN
SOUTHEASTERLY ALONG SAID NON-TANGENT CURVE, HAVING A RADIUS OF 2988.40 FEET,A CENTRAL ANGLE OF 09'21'53", AN ARC
LENGTH OF 488.44 FEET, A CHORD DISTANCE OF 487.89 FEET AND A CHORD BEARING OF SOUTH 67'51'48" EAST; THENCE RUN
NORTH 17'27'16" EAST, RADIAL NTH SAID CURVE, FOR A DISTANCE OF 5.00 FEET TO A POINT ON A NON-TANGENT CURVE
CONCAVE NORTHEASTERLY; THENCE RUN SOUTHEASTERLY ALONG SAID NDN-TANGENT CURVE, HAVING A RADIUS OF 2983.40 FEET,
A CENTRAL ANGLE OF 0618'01", AN ARC LENGTH OF 328.06 FEET. A CHORD DISTANCE OF 327.89 FEET AND A CHORD BEARING
OF SOUTH 75'41'45"EAST TO THE INTERSECTION OF SAID SOUTHERLY RIGHT-OF-WAY OF STATE ROAD 434 PATH THE NORTHERLY
RICHT-OF-WAY OF SAID OLD STATE ROAD 434: THENCE RUN SOUTH 87'34'48" WEST. ALONG SAID NORTHERLY RIGHT-OF-WAY
LINE FOR A DISTANCE OF 464.50 FEET TO THE INTERSECTION OF SAID NORTHERLY RIGHT-OF-WAY LINE WITH THE NORTHERLY
EXTENSION OF THE WESTERLY LINE OF THE AFORESAID PLAT OF THE RESERVE AT TUSCAWILLA, PHASE II; THENCE RUN SOUTH
00'45'33" EAST, ALONG SAID WESTERLY LINE AND IT'S NORTHERLY EXTENSION THEREOF, FOR A DISTANCE OF 870.18 FEET TO THE
POINT OF BEGINNING.
THE ABOVE DESCRIBED TRACT OF LAND LIES IN SEMINOLE COUNTY, FLORIDA AND CONTAINS 1,566,985 SQUARE FEET OR 35.973
ACRES MORE OR LESS.
LEGAL DESCRIPTION PARCEL 2:
A TRACT OF LAND LYING IN SECTION 6, TOWNSHIP 21 SOUTH, RANGE 31 EAST, AND IN SECTION 1, TOWNSHIP 21 SOUTH. RANGE
30 EAST, SEMINOLE COUNTY FLORIDA, INCLUDING A PORTION OF D.R. MITCHELLS SURVEY OF THE LEVY GRANT, ACCORDING TO THE
PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 5 OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, DESCRIBED AS
FOLLOWS:
BEGIN AT THE NORTHWEST CORNER OF LOT 51, TUSCAWILLA UNIT 9, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT
BOOK 24, PAGES 72 AND 73 OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, SAID POINT LYING ON THE SOUTHERLY
LINE OF RAILS TO TRAILS, AS RECORDED IN OFFICIAL RECORDS BOOK 3177, PAGE 632 OF SAID PUBLIC RECORDS; THENCE RUN
SOUTH 00'44'58" EAST, ALONG THE WESTERLY LINE OF SAID PLAT OF TUSCAW1LLA UNIT 9, FOR A DISTANCE OF 545.59 FEET TO
,J. THE NORTHERLY UNE OF SAID TUSCAWILLA UNIT 9; THENCE RUN NORTH 85'40'44" WEST, ALONG SAID NORTHERLY LINE, THE
NORTHERLY LINE OF CASA PARK VILLAS PHASE 11, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 30, PAGES 97
U AND 98 OF SAID PUBLIC RECORDS, AND THE WESTERLY EXTENSION THEREOF, FOR A DISTANCE OF 2372.28 FEET; THENCE RUN
NORTH 0417'16" EAST, DEPARTING SAID NORTHERLY LINE AND IT'S WESTERLY EXTENSION, FOR A DISTANCE OF 1079.43 FEET;
THENCE RUN NORTH 85'44'15' WEST, FOR A DISTANCE OF 752.12 FEET TO THE EASTERLY RIGHT-OF-WAY LINE OF TUSKAWILLA
�.' ROAD, ACCORDING TO THE SEMINOLE COUNTY PUBLIC WORKS RIGHT-OF-WAY MAP W.P.I. No. PS-107; THENCE RUN ALONG SAID
-" EASTERLY RIGHT-OF-WAY LINE THE FOLLOWING COURSES: RUN NORTH 1313'34" EAST, FOR A DISTANCE OF 374.90 FEET TO A
POINT ON A NON-TANGENT CURVE CONCAVE NORTHWESTERLY; THENCE RUN NORTHEASTERLY ALONG SAID NON-TANGENT CURVE,
HAVING A RADIUS OF 5813.47 FEET, A CENTRAL ANGLE OF 03'45'59 AN ARC LENGTH OF 382.15 FEET, A CHORD DISTANCE OF
382.05 FEET AND A CHORD BEARING OF NORTH 1119'20" EAST TO A POINT OF REVERSE CURVATURE OF A CURVE CONCAVE
SOUTHEASTERLY; THENCE RUN NORTHEASTERLY ALONG SAID CURVE, HAVING A RADIUS OF 5693.21 FEET, A CENTRAL ANGLE OF
v) 03'46'24", AN ARC LENGTH OF 374.93 FEET, A CHORD DISTANCE OF 374.86 FEET AND A CHORD BEARING OF NORTH 11'19'33"
9-' EAST; THENCE RUN NORTH 1313'03"EAST, NON-RADIAL WITH SAID CURVE, FOR A DISTANCE OF 12.05 FEET: THENCE RUN SOUTH
87'58'44" EAST, DEPARTING SAID EASTERLY RIGHT-OF-WAY LINE, FOR A DISTANCE OF 511.71 FEET TO A POINT ON THE WEST
RICHT-OF-WAY OF AN UNNAMED STREET. ACCORDING TO THE AFORESAID D.R. MITCHELLS SURVEY OF THE LEVY GRANT: THENCE
J LA_ RUN SOUTH 8717'53"EAST, DEPARTING SAID WEST RIGHT-OF-WAY LINE, FOR A DISTANCE OF 15.00 FEET TO THE CENTERLINE OF
SAID UNNAMED STREET; THENCE RUN NORTH 02'42'07"EAST, ALONG SAID CENTERLINE, FOR A DISTANCE OF 372.00 FEET; THENCE
RUN NORTH 8717'53" WEST, DEPARTING SAID CENTERLINE, FOR A DISTANCE OF 15.00 FEET TO A POINT ON SAID WEST
LD RIGHT-OF-WAY LINE; THENCE RUN NORTH 81'23'14" WEST, DEPARTING SAID WEST RIGHT-OF-WAY LINE. FOR A DISTANCE OF
:I..I 188.78 FEET; THENCE RUN NORTH 11'14'43" EAST, FOR A DISTANCE OF 47.95 FEET; THENCE RUN NORTH 74'48'12" WEST, FOR A
J DISTANCE OF 244.40 FEET TO A POINT ON A NON-TANGENT CURVE CONCAVE SOUTHEASTERLY, LYING ON THE AFORESAID
EASTERLY RIGHT-OF-WAY LINE OF TUSKAWILLA ROAD; THENCE RUN NORTHEASTERLY ALONG SAID EASTERLY RIGHT-OF-WAY LINE
AND ALONG SAID NON-TANGENT CURVE, HAVING A RADIUS OF 5677.58 FEET, A CENTRAL ANGLE OF 02'25'29". AN ARC LENGTH
OF 240.27 FEET, A CHORD DISTANCE OF 240.25 FEET AND A CHORD BEARING OF NORTH 14'37'20" EAST; THENCE RUN SOUTH
87'58'38" EAST, DEPARTING SAID EASTERLY RIGHT-OF-WAY LINE AND NON-RADIAL WITH SAID CURVE, FOR A DISTANCE OF 369.67
FEET TO A POINT ON THE AFORESAID WEST RIGHT-OF-WAY UNE: THENCE RUN SOUTH 8717'53" EAST, DEPARTING SAID WEST
RIGHT-OF-WAY LINE FOR A DISTANCE OF 15.00 FEET TO THE AFORESAID CENTERLINE OF AN UNNAMED STREET; THENCE RUN
SOUTH 02'42'07" WEST, ALONG SAID CENTERLINE, FOR A DISTANCE OF 14.65 FEET; THENCE RUN SOUTH 8717'53" EAST,
DEPARTING SAID CENTERLINE, FOR A DISTANCE OF 15.00 FEET TO A POINT ON THE EAST RICHT-OF-WAY LINE OF SAID UNNAMED
STREET; THENCE RUN SOUTH 87'58'38'EAST,DEPARTING SAID EAST RIGHT-OF-WAY LINE. FOR A DISTANCE OF 142.88 FEET TO A
POINT ON A NON-TANGENT CURVE CONCAVE EASTERLY; THENCE RUN SOUTHERLY ALONG SAID NON-TANGENT CURVE, HAVING A
RADIUS OF 4008.02 FEET, A CENTRAL ANGLE OF 01'22'36". AN ARC LENGTH OF 96.30 FEET, A CHORD DISTANCE OF 96.30 FEET
AND A CHORD BEARING OF SOUTH 03'01'14" EAST; THENCE RUN SOUTH 39'49'02" EAST, NON-RADIAL WITH SAID CURVE, FOR A
DISTANCE OF 659.48 FEET TO THE WESTERLY LINE OF SAID RAILS TO TRAILS; THENCE RUN ALONG SAID WESTERLY UNE AND THE
SOUTHERLY LINE OF SAID RAILS TO TRAILS THE FOLLOWING COURSES: RUN SOUTH 49'31'30" WEST, FOR A DISTANCE OF 250.33
FEET; THENCE RUN SOUTH 61'06'33" WEST. FOR A DISTANCE OF 101.17 FEET TO A POINT ON A NON-TANGENT CURVE CONCAVE
NORTHEASTERLY; THENCE RUN SOUTHEASTERLY ALONG SAID NON-TANGENT CURVE, HAVING A RADIUS OF 2248.74 FEET, A
CENTRAL ANGLE OF 0355'09", AN ARC LENGTH OF 153.82 FEET, A CHORD DISTANCE OF 153.79 FEET AND A CHORD BEARING OF
SOUTH 22'21'40" EAST TO A POINT OF COMPOUND CURVATURE OF A CURVE CONCAVE NORTHEASTERLY: THENCE RUN _
SOUTHEASTERLY ALONG SAID CURVE, HAVING A RADIUS OF 1915.35 FEET, A CENTRAL ANGLE OF 25'32'38". AN ARC LENGTH OF
853.91 FEET, A CHORD DISTANCE OF 846.86 FEET AND A CHORD BEARING OF SOUTH 37'05'33" EAST; THENCE RUN NORTH
3708'28" EAST, NON-RADIAL WITH SAID CURVE, FOR A DISTANCE OF 1999. FEET; THENCE RUN SOUTH 52'44'55" EAST, FOR A
DISTANCE OF 236.35 FEET; THENCE RUN.SOUTH 38'13'59" WEST, FOR A DISTANCE OF 17.96 FEET; THENCE RUN SOUTH 55'27'26"
EAST,FOR A DISTANCE OF 1415.48 FEET TO THE POINT OF BEGINNING.
THE ABOVE DESCRIBED TRACT OF LAND LIES IN SEMINOLE COUNTY, FLORIDA AND CONTAINS 4,240,396 SQUARE FEET OR 97.346
ACRES MORE OR LESS.
dEEXHIBIT
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