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Home My WebLink About2020 01 13 Public Hearing 400 - The Studios at Tuscawilla Development Agreement Amendment • PUBLIC HEARINGS AGENDA ITEM 400 noora=a CITY COMMISSION AGENDA I JANUARYI3, 2020 1 REGULAR MEETING 1959 TITLE The Studios at Tuscawilla Development Agreement Amendment SUMMARY The Community Development Department requests the City Commission hold a Public Hearing to consider a modification to the Developer's Agreement currently existing on the subject property. The proposed modification shall include up to 11,800 sq. ft. of commercial retail to include uses such as music, dance, art studio, and retail. General Information Applicant Tuscawilla Plaza, LLC I The Studios at Tuscawilla Property Owner(s) Seminole Trail Animal Hospital, Inc. Location 387 Vistawilla Drive, Winter Springs, FL 32708 Tract Size +/- .91 Acres Parcel ID Number 05-21-31-505-0000-0040 Zoning Designation Tuscawilla PUD FLUM Designation Commercial Adjacent Land Use North: Tuscawilla PUD South: Tuscawilla PUD East: Tuscawilla PUD West: Tuscawilla PUD/ Howell Creek Reserve Community Association, Inc./ Recreation Development Permits Not applicable I Vacant Development Amendment to Development Agreement I Pending Agreement Code Enforcement Not applicable City Liens Not applicable Applicable Law, Public Policy. and Events: Home Rule Powers Winter Springs Code of Ordinances Tuscawilla PUD City of Winter Springs Comprehensive Plan Background Data: The City and Owner's predecessor in interest entered into that certain Developer's Agreement (DA), Tuscawilla Tract 15 Parcel 1-C dated December 14, 1998 and recorded in Official Records Book 3574, Page 0540, Public Records of Seminole County, Florida. Section 3.5 of the Developer's Agreement provides"[t]he outparcel No. 2 of the Kash n' Karry site shall be restricted to office use only;" On August 23, 2019, Owner submitted its Application for DA Amendment. At this time the Owner desire to amend the Developer's Agreement to allow additional limited neighborhood commercial uses on the Property as follows: The Developer's Agreement shall be amended to remove Section 3.5 and add the following section: Section 3.5 The following uses shall be permitted on Lot 4B, the tract herein (originally identified as"outparcel No.2 of the Kash n' Karry site" and bearing the Parcel ID 05- 21-31-505-0000-0040): 1. Office, 2. Dance, Music Studios, Photographic,Art, Yoga, Marital Arts Studios, 3. Personal Training Studio (not to exceed a total of 1,200 sf), 4. Hair and Beauty Salons (including nail salons), S. Cleaners, Alterations, Tailoring and Shoe Repair, 6. Confectionary and Ice Cream Stores (not to exceed to 1,000 sf), 7. Coffee,Tea Shops, and Bakery (not to exceed 1,000 sf), and 8. Limited Retail uses as described below, not to exceed a total of 3,000 sf combination: a. Florist and gifts, (not to exceed 1,200 sf) b. Bicycle, Book,Jewelry, and Health Food Stores, (not to exceed 1,200 sf for each use) C. Clothing Boutique (not to exceed to 1,000 sf) Development of the Propertyfor any of the above-listed uses shall be subject to the following additional restrictions: 1. Side Setback:The building setbackfrom the side lot line abutting residential to the west shall be minimum of 25 feet. In addition,this setback area must include enhanced and perpetually maintained landscaping, which shall include at least two additional canopy trees to be installed at such time a building is constructed on the Property, in order to mitigate the view of the building from the residential to the west. 2. There shall be no drive-throughs on the subject Property. 3. There shall be no outdoor music, outdoor performances, or outdoor audio devices, such as outdoor speakers, on the subject Property. 4. Hours of Operation: Except for businesses engaging in office uses, no business located on the Property shall be open for transacting businesswith customers between the hours of 10:00 p.m. and 6:00 a.m. and nor shall the business receive products, merchandise, clothing, supplies, or groceries via truck deliveries during these hours. Notwithstanding, employees are permitted to work during these hours for the limited purpose of closing the business for the evening and preparing the business for opening in the morning. Transportation: The Studios atTuscawilla will be accessed from Vistawilla Drive. Creative Resources Enhancing Workable Sustainability, LLC (CREWS) prepared a Traffic Study for the subject property. Several of the proposed uses typically have high trip generation rates at the driveways, but pull the vast majority of their trips from the adjacent traffic stream. The adjacent roadway has relatively low traffic volumes in comparison to other roadways of that typic, but more than adequate volume to supply the expected number of pass-by trips. Although, the trip generation projected by Institute of Transportation Engineers (ITE) appears higher for the proposed PUD than the existing office use, it is the professional opinion of CREWS that, due to the project's location away from major thoroughfares and the local nature of the area, the project's actual new trip generation is not likely to be higher. This is anticipated to be a local land use and therefore is going to draw trips locally and have only minimal impact on the roadway network. The potential vehicular trip generation associated with the proposed project was assessed and compared to the site's prior development, small office, which was estimated to generate 199 daily trips. The proposed office and retail uses is expected to generate 69 additional daily trips, for a total of 268 daily trips. The proposed project is consistent and comparable with the original buildout development assumptions of office. Procedural History: March 8, 2019 Combined Preliminary Final/Preliminary Site Plan Application Submittal I Under Review July 19, 2019 Community Workshop Meeting August 13, 2019 Non-Binding Preliminary Review I Application Submittal December 4, 2019 Planning & Zoning Board/Local Planning Agency) Recommendation to Amend the Developer's Agreement with the proposed modifications. RECOMMENDATION Staff recommends the City Commission approve to Amend the Developer's Agreement with the proposed modifications. Exhibit 1 Vicinity Map 387 Vistawilla Drive, Winter Springs, FL 32708 Parcel ID 05-21-31-505-0000-0040 r ^ - 19X ION QY Sprny ) TUE., 3 P _ y -til ' ` r R 1 � � �. � .•{ 4 ��,�,. TtACT A a�� N..� ��s�`� +• Y ,� i,� �'• � $v, 46 'v yrs a�f'C,r `• ` � +� c',y,' agpk .. 4'�. • .'+ o+ �w Lr 40Ee} 4. 03 li r t ' .> l (park). � Q 41 TRACTAAFq .71 Mti+ sa 31814 NT' NO! "Ilk p�t�F Y ':?'y'f�liT� + to �' ` ��,` `� �-�[..'''� •!Ta_ � � ''r1 w. 34"1 �1 L,, ar�y'!t "°tea;*,. ;., � , '•� 3.3�' ys .,�''9� "J^!rt:• ��' "��,f9 * ,: ,`.fit r 3 ,',� "lir .y{ � .. � i-"'!`. r•. ^- 1 fan 1� 31 i� �p la i _ -- {t at + a •.,;&• y P. TRACT P TRACT p e ,9r' ;� rI a r+a (conservation) (retention) 2Dw21 28„ 27' II Exhibit 2 THIS INSTRUMENT WAS PREPARED BY AND SHOULD BE RETURNED TO: Rebecca Wilson,Esquire Lowndes,Drosdick,Doster,Kantor&Reed,P.A. 215 North Eola Drive Post Office Box 2809 Orlando,FL 32802-2809 (407)843-4600 FIRST AMENDMENT TO DEVELOPER'S AGREEMENT (Tuscawilla Tract 15 Parcel 1-C) THIS FIRST AMENDMENT TO DEVELOPER'S AGREEMENT (the "First Amendment")is made and entered into this _ day of_ , 2019, by and between the City of Winter Springs, Florida, a political subdivision of the State of Florida (the "City"), 1126 E State Rd 434, Winter Springs, FL 32708 and Seminole Trail Animal Hospital Inc., a Florida corporation (the"Owner"), 383 Vistawilla Drive, Winter Springs, FL 32708. WITNESSETH: WHEREAS, the City and Owner's predecessor in interest entered into that certain Developer's Agreement Tuscawilla Tract 15 Parcel 1-C dated December 14, 1998 and recorded in Official Records Book 3574, Page 0540, Public Records of Seminole County, Florida ("Developer's Agreement"); WHEREAS, regarding Owner's property (the "Property"), Section 3.5 of the Developer's Agreement provides "[t]he outparcel No. 2 of the Kash n' Karry site shall be restricted to office use only"; WHEREAS, on August 23, 2019, Owner submitted its Application for DA Amendment. WHEREAS, the City and Owner desire to amend the Developer's Agreement to allow additional limited neighborhood commercial uses on the Property; NOW, THEREFORE, for and in consideration of the terms and conditions of this First Amendment and the mutual covenants set forth herein, and for other good and valuable consideration, the City and Owner agree as follows: A.AMENDMENT. The Developer's Agreement shall be amended to remove Section 3.5 and add the following section: Section 3.5 The following uses shall be permitted on Lot 4B, the tract herein (originally identified as "outparcel No. 2 of the Kash n' Karry site" and bearing the Parcel ID 05-21-31-505-0000-0040): 1 0215191\185879\9115328x3 1. Office, 2. Dance, Music, Photographic, Art, Yoga, Marital Arts Studios, 3. Personal Training Studio (not to exceed a total of 1,200 sf) 4. Hair and Beauty Salons (including nail salons), 5. Cleaners, Alterations, Tailoring and Shoe Repair, 6. Confectionery and Ice Cream Stores (not to exceed to 1,000 sf) 7. Coffee, Tea Shops, and Bakery (not to exceed 1,000 sf), and 8. Limited Retail uses as described below, not to exceed a total of 3,000 sf combination: a. Florist and gifts (not to exceed 1,200 sf) b. Bicycle, Book, Jewelry, and Health Food Stores, (not to exceed 1,200 sf for each use) C. Clothing Boutique (not to exceed 1,200 sf) Development of the Property for any of the above-listed uses shall be subject to the following additional restrictions: 1 . Side Setback: The building setback from the side lot line abutting residential to the west shallbe a minimum of 25 feet. In addition, this setback area must include enhanced and perpetually maintained landscaping,which shall include at least two additional canopy trees to be installed at such time a building is constructed on the Property, in order to mitigate the view of the building from the residential to the west. 2. There shall be no drive-throughs on the subject Property. 3 . There shall be no outdoor music, outdoor performances, or outdoor audio devices, such as outdoor speakers, on the subject Property. 4. Hours of Operation: Except for businesses engaging in office uses, no business located on the Property shall be open for transacting business with customers between the hours of 10:00 p.m. and 6:00 a.m. and nor shall the business receive products, merchandise, clothing, supplies, or groceries via truck deliveries during these hours. Notwithstanding, employees are permitted to work during these hours for the limited purpose of closing the business for the evening and preparing the business for opening in the morning. B. EFFECTIVENESS. Except as amended herein, the Developer's Agreement shall remain in full force and effect. This First Amendment shall not be effective and binding until the latest date that this First Amendment is approved and signed by all parties hereto. The term of this First Amendment shall run concurrently with the term of the Developer's Agreement. IN WITNESS WHEREOF, Owner and the City have executed this First Amendment as of the day and year first above written. (Signatures on following pages) 2 Signed, sealed and delivered in the CITY OF WINTER SPRINGS, FLORIDA, a presence of: political subdivision of the State of Florida By: Name: Charles Lacey, Mayor ATTEST: By: _ Name: Andrea Lorenzo-Luaces, City Clerk Date: STATE OF FLORIDA COUNTY OF SEMINOLE The foregoing instrument was acknowledged before me this day of , 2019, by Charles Lacey, Mayor of THE CITY OF WINTER SPRINGS, FLORIDA, a municipal corporation, on behalf of the corporation. He (She) is personally known to me or has produced as identification. (NOTARY SEAL) Notary Public Signature (Name typed, printed or stamped) 3 0215191\185879\9115328x3 Seminole Trail Animal Hospital Inc., a Florida corporation By: Name: Its: Name: Date: Name: STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this day of , 2019, by , as of Seminole Trail Animal Hospital Inc. He is personally known to me or has produced as identification. (NOTARY SEAL) Notary Public Signature (Name typed, printed or stamped) 4 0215191\185879\9115328x3 Exhibit 3 ►toll ago MARYANNE GORSE, CLERK OF CIRCUIT COURT SEMINOLE COUNTY Prepared by and Return to: RK 06560 Pgs 0754 — 761; Mpgs? CLERK'S # 200701872 Katherine W.Latorre,Esq. RECORDED 02/06/2007 12:05:08 P11 Winter Springs Assistant City Attorney RECORDING FEES 69.50 Brown,Garganese,Weiss&D'Agresta,P.A. RECORDED BY G Harford P.O.Box 2873 Orlando,FL 32802-2873 (407)425-9566 AMENDMENT TO DEVELOPER'S AGREEMENT FOR SEMINOLE TRAIL ANIMAL HOSPITAL,INC. THIS AMENDMENT TO DEVELOPER'S AGREEMENT FOR SEMINOLE TRAIL ANIMAL HOSPITAL INC.,made and executed this day of j 1 yj�r <i L 1 ,2007, by and between the CITY OF WINTER SPRINGS, a Florida municipal corporation ("City") whose address is 1126 East State Road 434, Winter Springs, Florida 32708, and SEMINOLE TRAIL ANIMAL HOSPITAL,INC.,a Florida Corporation("Owner")whose address is 149 i East State Road 434, Suite 109, Winter Springs, Florida 32708. WITNESSETH WHEREAS, Owner is the owner of certain real property located within the City of Winter Springs, Florida, more particularly described herein ("Subject Property") by virtue of Quit Claim Deed recorded in Seminole County Official Record Book 6309, Page 13; and WHEREAS,the City Commission of the City of Winter Springs adopted Resolution 2006- 38, approving Owner's request to subdivide the Subject Property into two (2) separate and distinct lots for development purposes; and WHEREAS,the subdivided lots are more particularly depicted and legally described herein as"Parcel 4A" and"Parcel 4B;" and WHEREAS,the Subject Property is part of Tuscawilla Tract 15 Parcel 1-C, and is subject to a Developer's Agreement for Tuscawilla Tract 15 Parcel 1-C, which is recorded in Seminole County Official Record Book 3574, Page 0529 ("Developer's Agreement"); and WHEREAS, as the successor in interest to the Subject Property, Owner's development of the Subject Property is bound by and subject to the terms of the Developer's Agreement; and WHEREAS,the Development Agreement provides that the Subject Property may contain one (1) ground-mounted, single tenant sign from 8' in height to 8'9" in height; and WHEREAS, given that the Subject Property has been subdivided into two (2) lots for AMENDMENT TO DEVELOPER'S AGREEMENT CITY OF WINTER SPRINGS/SEMINOLE TRAIL ANIMAL HOSPITAL,INC. PAGE 1 OF 6 development purposes,Owner desires to amend the Development Agreement only with regard to the Subject Property to permit the design,construction and location of one(1)ground-mounted,single tenant monument sign each for Parcel 4A and Parcel 413; and WHEREAS,the City and Owner desire to memorialize in writing their mutual understanding regarding certain aspects of the development of the Subj ect Property under the terms and conditions set forth in this Amendment to Developer's Agreement for Seminole Trail Animal Hospital, Inc. ("Agreernent"); and WHEREAS, in addition to Owner's compliance with all provisions of the Developer's Agreement,City Codes,permitting and construction not in conflict with or addressed herein,the City and Owner desire to set forth the following special terms and conditions. NOW,THEREFORE,in consideration of the mutual promises,covenants and agreements set forth and other good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged,the parties agree to amend the Developer's Agreement as follows: 1.0 Recitals. The foregoing recitals are hereby incorporated herein by Pais reference and deemed a material part of this Agreement. 2.0 Authority. This Agreement is entered into pursuant to the Florida Municipal Home Rule Powers Act. 3.0 Subject Property. The Subject Property which is subject to, and bound by,the terms and conditions of this Agreement is legally described in"Exhibit A,"attached hereto and fully incorporated herein by this reference. 4.0 Subdivided Lots. Pursuant to Resolution 2006-3.8, the Subject Property was approved by the Winter Springs City Commission to be subdivided into two (2) lots for development purposes. Said subdivided lots are more particularly depicted and legally described in"Composite Exhibit B,"attached hereto and fully incorporated herein by this reference("Parcel 4A"and"Parcel 413"). 5.0 Representations of Owner. Owner hereby represents and warrants to the City that Ovvner 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 Owner and recorded in the public records of Seminole County, Florida, constitute a legal, valid and binding obligation enforceable against Owner.and the Subject Property in accordance with the terms and conditions of this Agreement. Owner represents it has voluntarily and willfully executed this Agreement for purposes of binding the Subject Property to the terms and conditions set forth in this Agreement. AMENDMENT TO DEVELOPER'S AGREEMENT CITY OF WINTER SPRINGS/SEMINOLE TRAIL ANIMAL HOSPITAL,INC. PAGE 2 OF 6 6.0 Amendment to Developer's Agreement. The City agrees to vary the signage restrictions imposed on the Subject Property by paragraph 3.2 of the Developer's Agreement as follows: 6.1 Parcel 4A. Owner shall design,construct and install one(1) ground-mounted, single tenant monument sign not to exceed six feet(6)in height for Parcel 4A. Such sign shall be located as depicted on the Final Engineering Plans approved by the City Commission on April 24, 2006. The design, construction and location of the sign shall otherwise comply with the provisions of section 3 of the Developer's Agreement and all other applicable City Codes including,but not limited to,section 20-470, Winter Springs City Code. 6.2 Parcel 4B. Subject to applicable City Codes and prior approval by the City Commission, Owner shall be permitted to design, construct and install one (1) ground-mounted,single tenant monument sign on Parcel 413,provided said sib shall not exceed six feet(6)in height. 7.0 Successors and Assigns. This Agreement shall automatically be binding upon and shall inure to the benefit of the successors and assigns of each of the parties. 8.0 Applicable LaNy. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. 9.0 Amendments. This Agreement shall not be modified or amended except by written agreement duly executed by both parties hereto and approved by the City Commission. 10.0 Entire Agreement. This Agreement supersedes any other agreement,oral or written, and contains the entire agreement between the City and Owner as to the subject matter hereof. 11.0 Severability. If any provision of this Agreement shall be held to be invalid or unenforceable to any extent by a court of competent jurisdiction,the same shall not affect in any respect the validity or enforceability of the remainder of this Agreement. 12.0 Effective Date. This Agreement shall become effective upon approval by the City of Winter Springs City Commission and execution of this Agreement by both parties. 13.0 Recordation. This Agreement shall be recorded in the public records of Seminole County,Florida, and shall run with the land. 14.0 Relationship of the Parties. The relationship of the parties to this Agreement is contractual and Owner is an independent contractor and not an agent of the City. Nothing AMENDMENT TO DEVELOPER'S AGREEMENT CITY OF WINTER SPRINGS/SEMINOLE TRAIL ANIMAL HOSPITAL,INC. PAGE 3 OF 6 herein shall be deemed to create a joint venture or principal-agent relationship between the parties,and neither parry is authorized to,nor shall either party act toward third persons or the public in any manner which would indicate any such relationship with the other. 15.0 Sovereign Immunity. 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 sovereign immunity under section 768.28, Florida Statutes, or other limitations imposed on the City's potential liability under state or federal law. As such,the City shall not be liable under this Agreement for punitive damages or interest for the period before judgment. Further,the City shall not be liable for any claim or judgment,or portion thereof, to any one person for more than one hundred thousand dollars($100,000.00), 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 two hundred thousand dollars ($200,000.00). This paragraph shall survive termination of this Agreement. 16.0 Citv's Police Power. Owner agrees and acknowledges that the City hereby reserves all police powers granted to the City by law. In no way shall this Agreement be construed as the City bargaining away or surrendering its police powers. 17.0 Interpretation. The parties hereby agree and acknowledge that they have both participated equally in the drafting of this Agreement and no parry shall be favored or disfavored regarding the interpretation to this Agreement in the event of a dispute between the parties. 18.0 Third Party Rights. This Agreement is not a third party beneficiary contract and shall not in any way whatsoever create any rights on behalf of any third parry. 19.0 Specific Performance. Strict compliance shall be required with each and every provision of this Agreement. The parties agree that failure to perform the obligations provided by this Agreement shall result in irreparable damage and that specific performance of these obligations may be obtained by suit in equity. 20.0 Attornev's Fees. In connection with any arbitration or litigation arising out of this Agreement,the prevailing party shall be entitled to recover reasonable attorney's fees and costs through all appeals to the extent permitted by law. 21.0 Development Permits. Nothing herein shall limit the City's authority to grant or deny any development permit applications or requests subsequent to the effective date of this Agreement. The failure of this Agreement to address any particular City, County, State and/or Federal permit, condition,term or restriction shall not relieve Owner or the City of the necessity of complying with the law governing said permitting requirement, condition, AMENDMENT TO DEVELOPER'S AGREEMENT CITY OF WINTER SPRINGS/SEMINOLE TRAIL ANIMAL HOSPITAL,INC. PAGE 4 OF 6 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, special exception, occupational license, or other permit of any kind whatsoever for any building or unit if Owner is in breach of any term or condition of this Agreement. 22.0 Continuing Effect of Developer's Agreement. All other provisions of the Developer's Agreement not otherwise modified by this Agreement shall remain in full force and effect with respect to the Subject Property. IN WITNESS WHEREOF,the parties have executed this Binding Development Agreement as of the date first written above. ATTEST: CITY OF WINTUA 5-M 'GS, ~ a Florida municiFal�_upor\i�r.. C� r -7 ANDREA LOR.ENZO-LUACES, rayor F.BUSH Y7, , City'Clerk APPROVED AS TO FORM AND LEGALITY For the use and reliance of the City of Winter Springs,Florida only. Dated: / f©� By: � t -`----- Anthony A. Garganese, City Attorney for the City of Winter Springs AMENDMENT TO DEVELOPER'S AGREEMENT CITY OF WINTER SPRINGS/SEMINOLE TRAIL ANIMAL HOSPITAL,INC. PAGE 5 OF 6 WITNESSES: Seminole Trail Animal Hospital,Inc. a Florida Corporation. rt'f1ame:_ i" jX�iC� —_-II, glass .Williams, Its President F; t rint 'e: dC STATE OF FL A COUNTY OF The foregoing instrument was acknowledged before me this day ofy t 1 2007,by Douglas P.Williams,as President of Seminole Trail Animal Hospital,Inc., a Florida Corporation, LX1 who is personally known to me or [ ] who has produced as identification. 1 j NOTARY PUBLIC, State of Florida �` °'••°• F '�., My commission expires4 U : pU9Ust2��2�SGC� 10 A� Fdthru �i,�/lig•,S Undenvdte��,o��\�� lif�J�llllf�l11i41��\` AMENDMENT TO DEVELOPER'S AGREEMENT CITY OF WINTER SPRINGS/SEMINOLE TRAIL ANIMAL HOSPITAL,INC. PAGE 6 OF 6 LEGALOESCRIMON Lol4.TUSCAW|LLATRACT 15' PARCEL 1-C.according to the map orplat thereof, recorded in Plat Book 56, Pages 2Sthrough 32. inclusive,of the Public Records ofSeminole County, FloHda. TOGETHER with those certain non-exclusive easements for sewer line, lift station and sewer force main over and across Lot 1,TUSCAWILLA TRACT 15, PARCEL 1-C,according to the plat thereof as recorded in Plat Book 56, Pages 29 through 32,inclusive, of the Public Records of Seminole County, Florida,as desc6bed in that certain Cross Easement Agreement for TUSCAWILLA TRACT 15, PARCEL I-C, by and between Robert A. Yeager, individually and as Trustee and ZP No.56, Limited Partnership, a Floridalimited partnership, dated January 13, 1999 and recorded January 14, 1999 in Official Records Book 3574, Page 564, as amended in Official Records Book 3582.Page 144D.Public Records ofSeminole County, Florida. Together with: An Easement for the benefit of Lot 4 as contained In the Amendment to the Declaration of Restrictions recorded in Official Records Book 5349, Page 1939,Public Records of Seminole County, Florida, over, under and across Lot 2. aodescribed therein. SHEET 2 OF 2 SHEETS EXHIBIT � �n,.fi�csrte a ExhGk->i1' J TUSCANYLLA eTL2.C7 15 PARC1 1—C PLAT BOOK 56,PAZS 29-32 NORTH LUC Or LOT 4 POINT OF BEGINNING 389'49'07'E 254.00' ssg2j. l PPRCEI NORiHY;ES COATER / b '.OT 4 N s b PROPOSED PARCEL 4A N5)9ffi42 0.603 ACS. OF WAY LINE 0.s•Lal< 4 ..;: G 5'SmLT l>N= l / Loi 4 TUSCAM.LA TRACT 15 PlJtC3 1—C PIAT BOOK 56.PAS All 29-32 ; $59•g�2i'E pnQc �4e I.Gn ACs. / / SEE SHEET 1 FOR LEGAL DESCRIPTIONS i / CURVE TABLE GURr tiN Rl.7'015 DELTA CRCRD BfiG C}+'7R] 46100' 710.00' 3453'47' 1 N44'50'22'r 472 p" C-2 161.50' 7t0.0O' 1C ^s1'4'W 181.01' GRAPHIC SCALE e0 0 30 ea 120 410 ( INS ) 1 inch = 80 fL THIS IS NOT A BOUNDARY SURVEY �OA ITAMOT44rm SUR. -� 'ATG° ,W . .f�'�� 7 � � � s ��•e�FAX-(407)652-6229 z Exhibit 4 "W Now, CLQ OF CIRWIT CMVT SRIN— CgLKY BK 05581 f,GS 6861-0075 CLERK'S 0 2"S"7661 mane K/1412M 49:56134 M THIS INSTRUMENT WAS PREPARED BY INS FEES M&N AND SHOULD BE RETURNED TO: PrY 8V it.Themis Anthony Garganese City Attorney of Winter Springs Brown Garganese,Weiss &D'Agresta,P.A. 225 E. Robinson St., Suite 660 Orlando, FL 32801 (407)425-9566 FOR RECORDING DEPARTMENT USE ONLY BINDING DEVELOPMENT AGREEMENT THIS BINDING DEVELOPMENT AGREEMENT (the "Agreement") is made and executed this dAvJ day of ()009mlq-e i� , 2004, 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 BRYCE FOSTER CORPORATION., a Florida Corporation ("Developer"), whose address is 215 Rollingwood Trail, Altamonte Springs, Florida 32714. WITNESSETH: WHEREAS, Developer is the fee simple owner of certain real property currently located in the City of Winter Springs, Florida and within the Tuskawilla PUD and more particularly described in Exhibit _"A" attached hereto and incorporated herein by this reference (the "Property"); and WHEREAS, the parties acknowledge that the Property is currently subject to a Cots; Settlement Agreement which is recorded in Official Record Book 2277, Page 0464 in the Seminole County public records ("Settlement Agreement"); and WHEREAS, the City and Developer acknowledge that the Settlement Agreement was entered into before the Developer purchased the Property and that Developer has inherited the rights provided under the Settlement Agreement by virtue of purchasing the Property; and WHEREAS, in accordance with that Settlement Agreement, Developer is permitted to develop certain enumerated commercial uses; and WHEREAS, notwithstanding the exhaustive list of permitted commercial uses contained in the Settlement Agreement, Developer acknowledges and agrees that some of the listed commercial uses are not in keeping with the residential character of the Tuskawilla PUD; and WHEREAS,Developer strongly desires to develop a"residential friendly"project on the Property that is keeping in the character of the residential character of the Tuskawilla PUD; and WHEREAS, in order to commit to this "residential friendly" Project, ,the Developer is willing to voluntarily and forever forego certain rights under the Settlement Agreement by reducing the list of permitted commercial uses and thereby protecting the residential character of the Tuskawilla PUD; and WHEREAS, the City is willing to permit a "residential friendly" project on the Property under the special terms and conditions set forth herein including, but not limited to, Developer's commitment to forego certain rights under the Settlement Agreement and Developer's commitment to respect, safeguard and preserve the residential character of the Tuskawilla PUD; and WHEREAS, the City and Developer desire to set forth the following special terms and conditions with respect to the development and redevelopment of the Property; and NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties mutually agree as follows: 1. Recitals. The foregoing recitals are true and correct and are hereby incorporated herein by this reference. 2. Authority. This Agreement is entered into pursuant to the Florida Municipal Home Rule Powers Act. 3. Obligations and Commitments. In consideration of the City and Developer entering into this Agreement, and as an inducement for Developer to voluntarily and forego certain rights under the Settlement Agreement, the City and Developer hereby agree as follows: (a) Approval of Concept Plats. Developer shall design, permit and construct a "residential friendly" commercial development on the Property that creates a sense of place within the Tuscawilla PUD. The "residential friendly" commercial development shall be called the "Tuscawilla Town Square" or some other name mutually acceptable to the Developer and the City. Developer acknowledges that aesthetic enhancements will be a paramount concern to the City and the residents of the Tuscawilla PUD; and as such, Developer agrees to reasonably and adequately address these concerns during the design and construction of the Project. The City hereby acknowledges and agrees that the concept plan, which is attached hereto and fully incorporated herein as Exhibit "B", is acceptable ("Concept Plan"); provided, however, Developer shall have the obligation to further submit and obtain the City's approval of a final site plan and final engineering plans. Developer shall also have the obligation to construct aesthetic enhancements to the Project as depicted in the Concept Plan and as may be reasonably requested by the City in accordance with the City Code, particularly the City's aesthetic review ordinance. Developer acknowledges and agrees that the Concept Plan was not prepared with specific surveyed dimensions and that during the final site plan and final engineering process such dimensions shall be surveyed, duly engineered, and provided to the City. Further, the elevations and roof lines depicted in the Concept Plan for the commercial buildings will Developer's Agreement City of Winter Springs and Bryce Foster Corporation. -2- have to be adjusted to the City's satisfaction in order to satisfy the requirements under the City's aesthetic review ordinance. As such, Developer and the City agree that the Concept Plan is intended to be conceptual in nature and subject to reasonable adjustments at the final site plan and final engineering phase in order to bring,the Project into compliance with the City Code and the needs of the Tuscawilla PUD. (b) Utilities. The City hereby acknowledges and agrees that it currently has sufficient water and sewer treatment plant capacity available to service the Property,and shall provide such services to the Project as depicted in the Concept Plan. Developer acknowledges and agrees that offsite improvements may be necessary, at Developer's cost, to provide water and sewer service to the Property including, but not limited to, force main, lift station and pump upgrades. Further, all water and sewer improvements required on-site to service the Property shall be at Developer's expense. (c) Gary Hillary Drive. In order to facilitate the safe, efficient and orderly flow of traffic to and from the Project and to create a sense of place, the City desires that Gary Hillary Drive be redesigned and reconstructed in accordance with the streetscape plan which is attached hereto and fully incorporated herein as Exhibit "C." ("Streetscape Plan). Developer agrees to design and reconstruct Gary Hillary Drive in accordance with the Streetscape Plan; provided, however, the City shall reimburse Developer for the reasonable costs thereof. However, the Developer's obligation to reconstruct Gary Hillary Drive is subject to the funding condition provided in the last paragraph of this subsection (c). For purposes of this Agreement, (i) the design costs shall include the costs and expenses of land surveying, civil engineering, landscape architecture, irrigation design. electrical engineering and lighting design, and (ii) the construction costs shall include the costs and expenses for clearing, grubbing and earth excavation, and for the construction of all storm drainage facilities, Progress Energy approved decorative street lights, landscaping, hardscape, irrigation, sidewalks, curbs, pavement, striping, signage and any required additional offsite improvements directly related to the reconstruction of Gary Hillary Drive (all of the foregoing costs and expenses are hereinafter collectively referred to as the "Roadway Expenses"). To the extent any of the Roadway Expenses also benefit other aspects of the Project not related to Gary Hillary Drive (e.g., stormwater improvements for the buildings and common areas), the City shall only be responsible for reimbursing the proportionate share of the particular expense related to Gary Hillary Drive. The City shall reimburse Developer in the amount of the Roadway Expenses within ninety(90) days after the reconstruction of Gary Hillary Drive has been completed and accepted by the City. Developer agrees that all Roadway Expenses shall be subject to an informal competitive bid process under which Developer shall obtain three (3) written quotes or bids. Each bid shall be submitted to the City for review and approval prior to Developer entering into any contract for the design, permitting and reconstruction of Gary Hillary Road. Developer further agrees that at the time reimbursement for any Roadway Expense is requested, Developer shall provide the City with a copy of all applicable invoices, receipts, warranties, maintenance bonds, and documentation, including all change orders, which shall clearly evidence each reimbursable Roadway Expense. The City shall not be responsible for reimbursing any Roadway Expense which can not be Developer's Agreement City of Winter Springs and Bryce Foster Corporation. -3 - properly and reasonably documented in writing. The City shall not unreasonably withhold any approvals required under this paragraph. Although it is initially contemplated by the parties that the reconstruction of Gary Hillary Drive will occur within the existing city right-of-way, Developer agrees to convey to the City any additional land that may be necessary to reconstruct Gary Hillary Drive in accordance with the Streetscape Plan. All such land conveyances shall be by warranty deed and free and clear of all encumbrances. Conveyance of roadway;and streetscape improvements shall be by bill of sale and free and clear of all liens. The warranty deed and bill of sale shall be in a form acceptable to the City Attorney. The City and Developer acknowledge and agree that the reconstruction of Gary Hillary Drive will likely coincide with a hazardous waste remediation project that will be performed by Seminole County. The hazardous waste project is the result of a gasoline spill at the 7-11 convenience store several years ago. The gasoline spill affected the area surrounding the 7-11 store, including Gary Hillary Drive. The parties shall continue cooperation with each other and Seminole County to facilitate the implementation of the hazardous waste remediation project. In the event the City is not in a position to approve the funding of Gary Hillary Drive within thirty (30) days from the effective date of this Agreement, the Developer may proceed with the project as outlined in this Development Agreement and Developer shall still have the use of Gary Hillary Drive for parallel parking and said parking shall be applicable to the parking required for Tuskawilla Town Square. In said event, Developer shall fund the cost necessary to create said parking and only design the improvements to Gary Hillary Drive as provided herein. If at a later date the City approves the improvements and funding for the construction of Gary Hillary Drive, Developer agrees that it shall undertake the construction of Gary Hillary Drive as provided herein so long as construction of Tuscawilla Town Square is still ongoing. (d) Construction of Stormwater Improvements. Developer shall design the Project to accommodate the stormwater requirements for the Property, including the roadway improvements to Gary Hillary Drive. The City shall permit Developer to use existing City property located at the corner of Gary Hillary Drive and Winter Springs Boulevard to accommodate stormwater generated from Gary Hillary Drive and the Property, provided said use is deemed acceptable and feasible by the City. Developer shall provide any additional property that is necessary to accommodate stormwater generated from the Property. (e) Permitted Commercial Uses, In consideration of the significant and substantial development rights received by the Developer from the City under this Agreement, Developer hereby agrees to voluntarily and forever forego the right to use the Property for any of the commercial uses listed on Exhibit B of the Settlement Agreement. However, at such time this Agreement is recorded in the public records of Seminole County, Florida, Developer shall be permitted to use the Property for any of the neighborhood friendly commercial uses specifically listed on Exhibit "C" which is attached hereto and fully incorporated herein by this reference. It is the intent and Developer's Agreement City of Winter Springs and Bryce Foster Corporation. -4- purpose of this paragraph to fully replace Exhibit `B" of the Settlement Agreement with Exhibit "C" of this Agreement. (f) Winter Springs Boulevard Ingress and Egress. , The Developer acknowledges and agrees that during the site plan and final engineering phase of the Project, the City may require that the ingress and egress to the Property from Winter Springs Boulevard to be one way in or out. The minimum driveway width for ingress and egress shall be twenty-two (22) feet. N) Buildinp, Setbacks. The following Building Setbacks shall apply to the Property: (1) Front (Winter Springs Boulevard) - 10 Feet (2) Rear(Gary Hillary Drive) - 5 Feet (3) Side (Northern Way)—20 Feet (h) Development Permit Fees. Developer agrees to pay all ordinary and customary development permit fees imposed by the City including, but not limited to, application, building, and impact fees. Within thirty(30) days of the effective date of this Agreement, the Developer and City agree to meet to calculate an estimated schedule of fees based on Developer's proposed Project at the time of the meeting. (i) Tree Replacement. Developer shall comply with the City's Arbor Ordinance set forth in Chapter 5 of the City Code. The Developer acknowledges and agrees that to the extent that the City's arborist determines that the Property can not adequately sustain the number of replacement trees that are required on the Property under the City Code, Developer shall provide the trees to the City and the City will plant the trees off-site at its discretion. In accordance with Section 5-8 of the Winter Springs Code, the City Commission agrees that no more than three (3) Specimen Trees may be removed from the Property due to Developer's representation that such trees must be removed in order to complete the Project. An inch for inch tree replacement shall be required for the removal of said Specimen Trees. The Specimen Trees may be removed at such time the City issues the appropriate permit, but not prior to such time that the termination rights set forth in paragraph 20 have expired. 0) On-Site_ Parking. On-site parking shall be a minimum of 18 feet in length. (k) Northern Way Buffer. Developer agrees, at its cost, to design, permit and construct a masonry block decorative wall around the garbage dumpsters. Further Developer agrees, at its cost, to design, permit, and construct a four (4) foot decorative brick wall along the parking area abutting Northern Way. 4. 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 Developer's Agreement City of Winter Springs and Bryce Foster Corporation. -5- 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. 5. 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. 6. Applicable Lay. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. 7. 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. 8. Entire A reenient. This Agreement supersedes any other agreement, oral or written, and contains the entire agreement between the City and Developer as to the subject matter hereof. 9. 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. 10. Effective Date. This Agreement shall become effective upon approval by the City Commission and execution of this Agreement by both parties hereto. 11. Recordation. This Agreement shall be recorded in the Public Records of Seminole County, Florida. 12. Relationship of the Parties. The relationship of the parties to this Agreement is contractual and Developer is an independent contractor and not an agent of the City. Nothing herein shall be deemed to create a joint venture or principal-agent relationship between the parties, and neither party is authorized to, nor shall either party act toward third persons or the public in any manner, which would indicate any such relationship with the other. 13. Sovereign Immunity. Nothing contained in this Agreement shall be construed as a waiver of the City's right to sovereign immunity under Section 768.28, Florida Statutes, or any other limitation on the City's potential liability under the state and federal law. 14. 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. 15. 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. Developer's Agreement City of Winter Springs and Bryce Foster Corporation. - 6- 16. 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.. 17. 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. 18. Attorney's Fees. In connection with any arbitration or litigation arising out of this Agreement, the prevailing party shall be entitled to recover reasonable attorney's fees and costs through all appeals to the extent permitted by law. 19. Develop ment 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. 20. Termination. The parties acknowledge and agree that Developer's obligations to complete the Project are subject to and contingent upon the City's approval and issuance of all permits required and necessary for Developer to construct Tuscawilla Town Square including any off site improvements. Further, the Agreement is subject to the mutual agreement of the Parties on the cost schedules and allocation of costs contemplated in paragraphs 3(b), 3(c) and 3(d). If the Project (including off site improvements) and the cost schedules and allocation of costs as referenced above are not acceptable to either party, then either party may terminate this Agreement and the Settlement Agreement shall remain in full force and effect and govern the Development of the Property. Further, Developer shall lose any and all rights under this Agreement. Upon issuance of all City approvals and permits required to commence development of the Project, and the parties agreeing to the allocation of costs, the termination rights under this paragraph shall expire. [SIGNATURES FOLLOW ON NEXT PAGE] Developer's Agreement City of Winter Springs and Bryce Foster Corporation. -7- IN WITNESS WHEREOF, the parties have hereunto set thei ids''Ll iici scaI on the date first above written. Y 'r CITY OF WINX19W* GS By: "' . J . Busk, Qr otit •'fid ATT ST: +r,ir ,� •• ....••• a��' . y: ndr a ot+ nzo Luaces, City Clerk APPROVED AS TO FORM AND LEGALITY For the use and reliance of the City of Winter Springs, Florida;only. CITY SEAL Dated: By: -� Anthony Garganese, City Attorney for the City of Winter Springs, Florida Developer's Agreement City of Winter Springs and Bryce Foster Corporation- - 8 - Signed, sealed and delivered in the BRYCE FOSTER CORPORATION, a Florida presence of the following witnesses: Corporation a Sig6reofWitness t' Alec String Its President Printed Name of Witness j Signature❑f Witness Printed Name of Witness STATE OF FLORIDA COUNTY OF L .L The foregoing instrument was acknowledged before me this `" day of .Le-1-*r , 2004, by Alec String, as President of BRY_CE FOSTER CORPORATION, a Florida Corporation, on behalf of said corporation. He is Cersonally known oto me or produced as identification. (NOTARY SEAL) ,14'otary Public Sirgnratur, �:1- tip.1C�ir� (Print Name) - 8tlt7Z 9Z hlr1C CM Notary Public, State of MOO AV "d] Commission No.: Ovsraa My Commission Expires Developer's Agreement City of Winter Springs and Bryce Foster Corporation. -9- LEGAL DESCRIPTION FOR TUSCAWILLA SQUARE (North East Corner of Winter Springs Blvd & Northern Way) as prepared by "Southeastern Surveying & Mapping Corp." LEGAL DESCRIPTION : From the centerline of intersection of Winter Springs Boulevard and Northern Way, as shown in Fiat of W INTER SPRINGS UNIT FOUR as recorded in Plat Book 18, Pages 6, 7 and 8, Public Records of Seminole County, Florida; run North 86 degrees 23 minutes 05 seconds East along the centerline of Winter Springs Boulevard 282.85 feet; thence North 03 degrees 36 minutes 55 seconds West 60.00 feet to the POINT OF BEGINNING an the North right-of-way line of Winter Springs Boulevard (120 foot RIW); thence run South 86 degrees 23 minutes 05 seconds West along said North right-of-way line 217.85 feet to the point of curvature of a curve concave Northeasterly, and having a radius of 25.00 feet; thence run Northwesterly along the arc of said curve 39.27 feet through a central angle of 90 degrees 00 minutes 00 seconds to the point of tangency on the East right-of-way line of Northern Way(80 foot RI►W); thence run North 03 degrees 36 minutes 55 seconds West, along said East right-of-way line 90.78 feet to the point of curvature of a curve concave Easterly and having a radius of 1893.55 feet; thence run Northerly along the arc of said curve 84.25 feet through a central angle of 02 degrees 32 minutes 57 seconds to a point; thence leaving said East right-of-way line, run North 86 degrees 23 minutes 05 seconds East 270.83 feet to the point of curvature of a curve concave Southwesterly, and having a radius of 27.83 feet; thence run Southeasterly along the arc of said curve 40.44 feet through a central angle of 83 degrees 14 minutes 41 seconds to the point of tangency; thence run South 10 degrees 22 minutes 14 seconds East, 173.85 feet to a point on the aforesaid North right-of-way line of Winter Springs Boulevard, said point being on a curve concave Northerly, and having a radius of 1085.92 feet; thence from a tangent bearing of South 82 degrees 16 minutes 07 seconds West, run Westerly eiong the arc of said curve and along said Northerly right- of-way line 78.01 feet through a central angle of 04 degrees 06 minutes 58 seconds to the POINT OF BEGINNING. Exhibit"A" Tuscawiffla .guarr Concept Plan Summary Location: 1301 Winter Springs Blvd Winter Springs, Fl. 32708 Land `viae: 1 .4112 Acres Current Use: Tuscany"s Restaurant Proposed Use: Expansion of Tuscany's Restaurant and additional retail space Design Features: Ivey West Inspired Design in a residential scale, Front Porches, Metal Roofs, Brick drives, Fountain, Gardens, Benches, and Bike Racks, Iniprovenvents to Add sidewalks, address storm water Gary Hillary Drive. Drainage, Lighting, Landscaping and Remediation of groundwater contamination Architect: Starmer Ranaldi Landscape .architect: Dohson's Owner: Bryce Faster Corporation EXHIBIT Ci •`r�+ �� .. *��i;ill, e 7-3 { r l -e firs• i��' i > V At i J) Ifityr) ' •�+fes+� j �.. � � Fr •;, is • _ F•.Lark da It tu CL ct C3 l � � � l 1 � 1 t � s � I `rr I �3 Fl EXHIBIT "C" NEIGHBORHOOD FRIENDLY PERMITTED COMMERCIAL USES The following Neighborhood Friendly commercial uses shall be permitted on the Property: A. Permitted Uses: Administrative public buildings Advertising agencies Alcoholic beverage sales (wine &beer and specialty package) Alcoholic beverage, on-premises consumption, in conjunction with restaurant Alterations and tailoring, shops and services Antique and gift shops Appliances, sales and service Artists' studios Automotive accessories sales Bakery, retail Bicycles, sales and services Bookstores, stationary, newsstands Butcher shop, retail only Camera shops, photographic stores and developers Cleaners, clothing Coin dealers; Computers,hardware and software sales and services Confectionary and ice cream store Dance and music studio Day nurseries, kindergartens, and day care Drug and sundry stores Employment agencies Exercise such as gym, spa and karate Financial institutions, banks, savings and loans (no drive-through) Flooring, retail only(carpet, tile, wood, etc.) Florist Furniture, retail Grocers and delicatessens, specialty and retail Hairstylist and barber shops Hardware stores Health food products and services Hobby and craft shops Home Improvement shops, retail and consultation services Insurance agency Interior Decorating and draperies Jewelry store Kitchen and other cabinet stores, retail Libraries Loan companies, excluding pawnshops and title loan companies Locksmith Luggage and travel shop Medical clinics and ancillary small laboratories Musical instruments, sales and services Nursery products and supplies, plants, and trees (retail only) Outdoor advertising and signs, sales office Outdoor neighborhood markets on weekends and holidays Optical services and sales Party supplies and services Paint store Pet shops and grooming Photography studios Physical fitness and health clubs Post office Printers, quick print services only Professional services offices, such as accountants, architects, attorneys, bookkeepers, dentists, doctors, engineers, insurance and other agents, and surveyors. Radio, TV, Stereo, and Video Rental shops Restaurants, including indoor and outdoor dining Retail sales of a residential character Schools, public,private and parochial, vocational (such as cosmetology, medical and dental assistant training) requiring no mechanical equipment Shoe repair shops Sporting goods, retail Swimming pool sales and services Telephone Business offices and exchanges Tobacco shops Toy stores Travel agencies Wearing apparel stores B. Other Uses: Upon formal written petition by the Developer, the Developer may petition the City Commission for additional permitted uses. The City Commission may consider the Developer's petition, on a case-by-case basis, and approve, at its discretion, additional neighborhood commercial uses that are keeping with the residential character of the Tuskawilla PUD. The City Commission shall have the right to impose reasonable conditions on any approvals granted under this Agreement. .LW11_.�LLLv. IKH 1Ailtill 1 U!; r � _ Hal R. Eradlord, Esq. r.� :.;L=Nh 0= ' _ 1`~' fi: =! RECORDED VERIFIED LLP SH=S & BOWEN LP M t!J t: ... t 'J IJ t c ( .� 1 20 N. Orange Avenue, Suite 1000 Orlando, Florida 32801 3 l 7 S 2 3 1999 JAN 14 P14 3: 39 VX- DEVELOPER'S AGREEMENT TUSCAWILLA TRACT 15 PARCEL 1-C Exhibit 5 This DEVELOPMENT AGREEMENT by and between Robert Yeager, Trustee(hereinafter C,o"pari yy JLZ'i called "Property Owner") and contract purchasers, Zimmer Development, lne. (her6inafter called w "Zimmer", as developer of the Kash n' Karry Shopping Center shopping center project atad Ln o rn ContraVest, Inc. (hereinafter called"ContraVest") as developers of the Courtney Springs Apartmip complex and the City of Winter Springs, a Florida municipal corporation (hereinafter called "tom City") is entered into pursuant City Code, and is intended to constitute a covenant covering Q r-") r71v t.D property described herein. Reference to Property Owner includes Zimmer and ContraVest as assigns to Property Owner's rights and bind Zimmer and ContraVest for obligations on their respective projects. This Agreement is based on the following premises: Whereas, the real property described herein as Parcel 1 C of Tract 15 of the Tuscawilla P.U.D., further described on Exhibit "A" attached hereto is located within the City limits of the City; and Whereas, the real property is subject to certain land development regulations of the City, including the "S.R. 434 Corridor Vision Plan: New Development Area" (Ordinance No. 675 of the City); and Whereas, the real property is subject to a Settlement Agreement set forth in Ordinance 489 and recorded at Official Records Book 2277, pages 0.464 through 0500, Public Records of Seminole County, Florida(hereinafter call "the Settlement Agreement"); and Whereas, parties concur that this Agreement deals with issues separate from the issues addressed in said Settlement Agreement, and this Agreement should be construed as consistent with J574 0530 the said Settlement Agreement, and in the event of conflict3retft@Jthq,--1�qrcptof this Agreement and the Settlement Agreement, the Settlement Agreement shall prevail; and Whereas, this property has received a Certificate of Vested Rights Special Use Permit from the City on August 4, 1993, which is in full force and effect, and this Agreement shall not cause to affect the vesting status of this property; and Whereas, the City agrees that Parcel 1C of Tract 15 of the Tuscawilla P.U.D. may be subdivided and developed into two (2) major projects consisting of a 252 unit apartment complex (the apartment site) and a Kash n' Karry site, and the Kash n' Karry site may be divided into three (3) parcels; and Whereas, Sections 20-458 and 20-459 of Ordinance No.675, the "S.R. 434 Corridor Vision Plan:New Development Area" provides for a Development Agreement for real property such as that described on Exhibit "A", upon a finding that the site is constrained, and extra development enhancements are provided by the Property Owner to preclude or mitigate against any impacts upon abutting properties or the S.R. 434 corridor; and, Whereas, the City Commission of the City of Winter Springs finds that the real property described in this Agreement is constrained by width, proximity to water retention areas on the property, by wetlands, and by proximity to less densely and intensely developed properties; and Whereas, the City Commission finds that Property Owner is making sufficient development concessions and enhancements on the real property described on Exhibit "A" to authorize a Development Agreement for the apartment complex and the Kash n' Karry site; and Whereas, in consideration for the City entering into this Agreement the Property Owner has agreed to provide certain enhancements for the entire parcel (such as a wall, landscaping, etc.) and 2 1�00K. ^� i H. 33 5 7 4 0531 certain common design themes or criteria(such as 6VdtJ0ko0AgAfountain maintenance, fencing and landscaping). NOW THEREFORE, be it agreed as follows: 1. Premises Incorporated Herein The City and the Property Owner hereby agree that the foregoing premises are true and correct. 2. Property Affected 2.1 The real property described on Exhibit "A" constitutes the entire property subject to this Development Agreement. A consideration for the City entering into this Agreement is that certain enhancements (such as enhanced landscaping and a six (6) foot wall along the rear of the subject property) and certain common design themes or criteria(retention pond fountain) are being proposed by the Property Owner and accepted by the City. 2.2 A specific implementing development agreement is hereby created for the Courtney Springs apartment site development and for the Kash n' Karry site development as shown on the respective Final Engineering Plans approved by the City, on file with the Office of the City Clerk, Winter Springs, Florida, which by this reference are incorporated herein. 2.3 Where no requirements concerning a development issue are set forth in this agreement for the real property described on Exhibit "A", then the standards set forth in the "State Road 434 Corridor Vision Plan: New Development Area" standards shall first 3 -300 r ?AGS 3574 0532 apply, and if no standards ex&MiiN Wia &Qirfahce, then other applicable City Code provisions shall govern development of the property. 2.4 This Agreement does not and cannot exempt any real property from complying with state or local law or ordinances relating to platting, environmental permitting, wetlands regulations, stormwater, or other matters nor any development issues not directly addressed by this Agreement. 3. Development Conditions for the Kash n' Karry Site("Zimmer") The development for the Kash n' Karry site shall be subject to the "signage sheet" prepared by Zimmer (Bowyer-Singleton Signage Sheet sealed and dated as to the specific location and size of each and all signage for the Kash n' Karry and two outparcel sites and shall be subject to the following conditions: 3.1 Zimmer is allowed two (2) ground-mounted, multi-tenant signs - both to be located on S.R 434 frontage. Zimmer is allowed one(1)ground-mounted, single-tenant sign to be located on Vistawilla Drive for the Kash n' Karry center. 3.2. Zimmer is allowed a height variance for three(3)ground-mounted, single tenant signs from 8' in height to 89" in height. One(1) sign is to be located on future out parcel 1, one(1) sign is to be located on future out parcel 2, and the third sign is the one for Kash n' Karry on Vistawilla Drive. 3.3 Zimmer is allowed a height variance from 14' for the building mounted signs as follows: a. The primary sign (anchor tenant) is from 25'6" at base to 33'6" at top b. The liquor store and the eastern most retail sign are from 19'6" at base to 21'6" at top and, 4 8001; PAG- 3574 0533 C. The smaller stores`&V&fMLlt6'G'0a*ILase to 18'6" at top. 3.4 The Kash n' Karry development shall be subject to and comply with the sign regulations and specifications set forth on the Bowyer-Singleton Signage Sheet sealed and dated 12-2` 58 on file with the Office of the City Clerk, Winter Springs, Florida, as a Final Engineering Permit condition for site development of said parcel, if addressed therein, or if not the requirements set forth in Winter Springs Ordinance No. 675. 3.5 The outparcel No. 2 of the Kash n' Karry site shall be restricted to office use only. 4.0 Development Conditions for the Courtney Springs Apartment Site(ContraVest,) To minimize impacts to abutting properties and to enhance the quality and design of the Courtney Springs Apartments (the Apartment site) certain amenities have been agreed to by the City and ContraVest, and shall constitute requirements for Apartment site development. Enhanced or permitted variations from City Code requirements on the apartment site shall be as set forth below. 4.1 ContraVest is allowed to vary the size of the parking spaces from 10'x 20' to 9' x 20' for one hundred fifty four(154 spaces). 4.2 ContraVest is pennitted to construct two(2) wing walls of approximately 60' in length with the Courtney Springs identification sign on the front face of each wall on each side of the entryway into the complex from state road 434. In addition, the crown of the signs on the wing wall is allowed to exceed the eight (8') foot height requirement, 5 tt. i.�• a0Gf( RAG� l 3574 0534 specifically the crown of fti URIA9 4d-sign is constructed may be up to 12' in height for a distance not exceeding 15 linear feet. 4.3 ContraVest is authorized to use 12' Wax Myrtle trees, or other fast growing trees acceptable to the City, along the rear boundary of the property rather than canopy trees specified in City Code. Such fast growing trees shall be planted in accordance with the Canin Associates Landscape Plan sealed and dated k2' �-.' 3 g and the parties agree that a minimum of 22 fast growing trees shall be planted. 4.4 The site plan, including building, water retention placement, and parking lot layout are set out in the Final Engineering Plans on file with the City and shall govern the design, construction and use of the apartment site in order to ensure quality development and to minimize impacts on surrounding single family development. 4.5 Specific site developments for the apartment site not specifically addressed herein shall be as set forth in the Final Engineering Plans (Bowyer-Singleton plans sealed and dated �-��- ), and if not addressed therein shall be in accordance with City Ordinances. 5.0 Wall Requirement The parties agree and acknowledge that a wall separating the proposed development on Parcel 1-C from abutting residential development will assure quality development on the Parcel 1-C site while minimizing impacts on existing residential areas by separating intensities and densities. The wall requirement obligation on the Property Owner and developers shall be as set forth below. 6 JFFI 300i�1A, A G; 3574 0535 5.1 To the rear of the future p�fRWJ t�ro V? of the Kash n' Karry site, the Property Owner agrees to dedicate a 50' x 5' parcel to either the Tuscawilla Homeowner's Association, Inc. (THOA) or the Tuscawilla Beautification District (TBD) for an entry sign to the Tuscawilla residential area within 90 days of execution of this agreement. This parcel will commence at the Vistawilla Drive right-of-way and go in a northwesterly direction, per the attached Exhibit`B". 5.2 The Property Owner shall also dedicate to the THOA or the TBD a minimum 20' x 5'parcel on the east side of Vistawilla Drive for placement of an entryway sign in the location depicted on Exhibit`B". The Property Owner is not required to expend any funds or be involved in the actual construction of these entryway signs described in Sections 5.1 and 5.2. 5.3 Zimmer shall construct a brick wall commencing at the western termination of the 50' x 5' parcel described in paragraph 5.1 above, and extending northwesterly an additional 50' at the rear of the future outparcel 2 on the Kash n' Karry site. This brick wall will be constructed of bricks compatible with the wall at the Eagle's Watch subdivision on the eastside of Vistawilla Drive. The balance of the wall along the Kash n' Karry property line will be of stucco construction. 5.4 ContraVest shall construct a 6-foot stucco wall along the southerly property line of the apartment site between the designated wetlands in order to buffer the apartment site and the abutting single family development to the south. The placement of the wall shall be in accordance with the final engineering plans on file with the City. 6.0 The FDOT Water Retention Pond 7 300ri -,4GE 357E iO536 SEr�o t c. The City and the ContraVest/ deilref oto make the water retention pond being constructed and owned by the Florida Department of Transportation (FDOT) a more attractive amenity to the Courtney Springs Apartment development and to the SR 434 Corridor. To achieve this, the property owner and the City agree that acquisition of the FDOT pond by the City and the construction of certain amenities set forth below by the property owner will best achieve these objectives. Therefore, the City and ContraVest agree as follows: 6.1 The City shall use its best efforts to acquire ownership or control of the FDOT pond located on SR 434 immediately north of the portion of Tract 15, Parcel 1-C of the apartment site. If the City is successful in acquiring ownership or control, that will permit the improvements, alterations and maintenance contemplated by the parties, then ContraVest agrees to undertake the following responsibilities as set forth below, at its expense: 6.2 The City and ContraVest shall share the costs associated with acquisition of the FDOT pond site with a cap of FIFTEEN HUNDRED DOLLARS ($1,500.00)from each party. In the event the costs to complete the acquisition exceed this sum, the City shall have the option, but not the obligation to pay the additional costs. If the City is unable to acquire ownership or control, then ContraVest shall not be bound to the requirements set forth in 6.3 through 6.6. 6.3 ContraVest shall provide enhanced landscaping around the pond per the plans and specification shown on the Canin Associates Landscape Plan sealed and dated on file with the Office of the City Clerk, Winter Springs,Florida. 8 1nn0 F1 CttIl!C�ii� t C"0RDS \) ��IPAGE / 35740537. 6.4 FDOT will be installit ikllhi�,ktvifti. htin-link fence and gate around the entire pond as part of the SR 434 construction. ContraVest shall replace the chain-link fence and construct a decorative fence along the entire SR 434 side of the FDOT pond consistent with that approved for the SR 434 frontage for the apartment site. If FDOT does not install black vinyl chain-link fence, it shall be ContraVest's obligation to install the black vinyl fence around the other sides of the pond. 6.5 ContraVest shall construct a lighted fountain in the pond. ContraVest shall provide for maintenance in perpetuity for the enhanced landscaping, fencing, operation of the lighted fountain for the pond, and shall reasonably maintain the appearance of the water area in a clean, debris-free condition. 6.6 ContraVest shall provide an insurance policy or evidence of coverage in the amount of ONE IVIILLION DOLLARS ($1,000,000.00)in Public Liability insurance covering the services and activities of property owner relating to the pond. The policy shall name the City as a Co-Insured. Said policy shall be provided at the time the first Certificate of Occupancy is issued for Courtney Springs Apartment complex. 8.0 Underground Utilities Along SR 434 The City and the developers agree that each shall pay fifty percent (50%)of the cost of construction for underground electric and other utility lines traditionally constructed on poles along the frontage on SR 434 from the western right-of-way of Vistawilla Drive to the western edge of the FDOT pond. The total cost to the developers for construction of the underground utilities shall not exceed THIRTY 9 Dort; ()RDS °•1 GE ONE THOUSAND EIGHTUD T" )gFIVE DOLLARS AND FIFTY SEMINOLE r�'(► f CENTS ($31,825.50). 9.0 Developers' or Successors' Continuing Obli ag tion ContraVest and Zimmer, or their successors or assigns, shall be responsible for the ongoing maintenance of the landscaping, walls, retention ponds, site amenities and other common areas and facilities on their respective properties. 10.0 Grace Period/Time to Cure: In the event the City determines that any of the other parties hereto, or their respective successors or assigns, is not in compliance with landscaping installation as required by this Agreement, or fails to maintain the landscaping as required by City Code, The City shall provide written notice of violation to the owner of the subject parcel or parcels, stating the specific nature of the violation and the corrective actions to be taken to cure said non-compliance. The owner shall have thirty (30) days from receipt of said notice in which to cure the violation before the City can declare a default under this Agreement. The City agrees and acknowledges that a default by one party to this Agreement shall not affect the other parties' property. 11.0 Pursuant to the requirement of state law, the parties acknowledge and agree a. Duration of Agreement. This Agreement shall be recorded in the public records of Seminole County at cost to the Property Owner and shall be a covenant running with the land b. Development Issues. Development issues shall be those permitted and controlled (such as building height, permitted uses, parking requirements and 10 l JFFIC QRD X00 RAG:. 3574 '0539 0C7MINOLE CO. FL other development standards)by existing City Code, including Ordinance No. 675 and the Settlement Agreement, except as said site development standards are specifically modified herein. C. Agreement Consistent with Comprehensive Plan. The City Commission and the local planning agency have found that the land uses and development proposed are consistent with the City's Comprehensive Plan. By entering into this Development Agreement, the City Commission finds this Agreement consistent with the City's Comprehensive Plan. d. Compliance With Other Laws. The failure of this Agreement to address a particular permit, condition, term or restriction shall not relieve the Property Owner of the necessity of complying with the law governing said permitting requirement, condition, term or restriction. 12.0 Enforcement/Venue This agreement may be enforced by parties to it by bringing action in the Court of proper jurisdiction to interpret or enforce the provisions of this Agreement. Venue of any such shall be in Seminole County, Florida. 13.0 Parties Bound This Agreement shall be recorded in the Public Records of Seminole County, Florida and shall be binding on the heirs, assigns or successors to the Parties to this Agreement. 11 800 <.. p�G- 3574 0540 ")cMINOLt C.O. FL DONE AND AGREED on this ~' day of -N�)c C.'E,Mi'sVE va- 51998. WITNESS PROPE fN G/L !/ ` ✓-��/ ,';A 71Z O ER YE ST , and i 'vidually NAME: STATE OF FLORIDA COUNTY OF e7.P/9,/lire The foregoing instrument was acknowledged before me this /TAday of 1998 by Robert Yeager, as Trustee. He is personally known to me, err--11-az d. - as iduntificatton. OTARY PUBL , STATE OF FLORIDA Print Name: My commission expires: ; !"••'fq.: JULIE SULLIVAN MY COMMISSION#CC 634244 4 EXPIRES:April 6,2001 Bonded Th.Notary Pubik Underwri Om 12 JFFar!A:_ R 0RD'z ) 00 ;AGE 3574 0541 SEMINOLE ,0. FL Cor► any WITNESS: Z DEVELOPMENT crri U1av�daT. No►�o (#JAI By: y V I S am STATE OF , t� COUNTY OF p �_ The foregoing instrument was acknowledged before me this ay of1)ecavvi by, 1998 by L, L. �'�.,,, ,� . He is personally known to me, or has produced ^�— as identification. NOTARY PUBL C, STATE OF C— suuuaaa++: • t''/ Q C t • D Print Name: - My commission expires: f' W CommissIm Ex„ 13 •.r i n :•0RDS Dace J 3574 0542 "tl-iiNOLt 0. FL WITNESS: CON VES , C. �jKL/C •�'lt1/✓1i✓ By: Name: Name: STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this day of 1998 by K „) J. uric-� He is personally known to me,—er`-leas-pradtreed- -- oe ;deptificati n NOTARY PUB'LIICC, STATE OF FLORIDA Print Name: My commission expires: JULIESULLIVAN •.•' MY COMMISSION/CC 634294 EXPIRES:ApA 6.2001 `'`' Bonoed Thru NoUry Public Underw t r$ 14 1 BOOK PACE 3574 0543 SEMINOLE CO. FL ATTEST: FW PRINQS', AT D y � t •W AMV�PIERCE, CITY CLERK PAUL P. PARTYKA, Ra v, r CD moi;• �/<c: STATE OF FLORIDA •••''••• ••••••''• COUNTY OF The foregoing instrument was acknowledged before me this 31 s day of N&Yembtvr?1998, by Paul P. Partyka, Mayor of the City of Winter Springs, Florida. He is personally known to me, or has produced as identification. NOTARY PUBLIC, STATE OF FLORIDA Print 4406,0 11• My commission expires: y-�•, Margo M.Pierce ykY *i11y Commission CC772117 =,ar Expires September 1.2002 THIS INSTRUMENT PREPARED BY: Robert D. Guthrie, Esq. FRANK KRUPPENB ACHER,P.A. P. O. Box 3471 Orlando, FL 32801-3471 15 JFF►C'�' OrtDS Xrir �T Ali` 300K PAGE 3574 0544 OVERALL BOUNDARY KASH `N KARRY/APARTMENTS/TUSCAWIL4WllflOLE CO. FL LEGAL DESCRIPTION COMMENCE AT THE NORTHEAST CORNER OF SECTION 8, TOWNSHIP 21 SOUTH, RANGE 31 EAST. SEMINOLE COUNTY, FLORIDA; THENCE RUN S00024 ' 55"E, ALONG THE EAST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 8, A DISTANCE OF 205. 56 FEET TO THE NORTHERLY RIGHT-OF-WAY LINE OF THE LAKE CHARM BRANCH OF THE SEABOARD COAST LINE RAILROAD (S.C. L. ) (100 ' R/W) ; THENCE RUN N54034 ' 57"W, ALONG SAID NORTHERLY RIGHT- OF-WAY LINE, A DISTANCE OF 293. 14 FEET TO A POINT ON A CURVE, CONCAVE SOUTHWESTERLY, HAVING A CENTRAL ANGLE OF 24044 ' 10" AND A RADIUS OF 1959. 19 FEET; THENCE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE AND SAID NORTHERLY RIGHT-OF-WAY LINE, A DISTANCE OF 845. 83 FEET TO THE POINT OF TANGENCY; THENCE RUN N79018 ' 14"W, ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, A DISTANCE OF 691 . 26 FEET TO ' THE POINT OF CURVATURE OF A CURVE, CONCAVE SOUTHWESTERLY, HAVING A CENTRAL ANGLE OF 11046' 38" AND A RADIUS OF 2612. 09 FEET; THENCE RUN NORTHWESTERLY, ALONG THE ARC OF SAID CURVE AND SAID NORTHERLY RIGHT-OF-WAY LINE, A DISTANCE OF 536. 92 FEET TO THE POINT OF TANGENCY; THENCE RUN S88055' 08"W, ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, A DISTANCE OF 178 . 11 FEET TO THE WESTERLY RIGHT-OF-WAY LINE OF VISTAWILLA DRIVE; THENCE RUN N10023119"E, ALONG SAID WESTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 16. 23 FEET TO THE POINT OF CURVATURE OF A CURVE, CONCAVE SOUTHEASTERLY, HAVING A CENTRAL ANGLE OF 69000' 18" AND A' RADIUS OF 540 . 00 FEET; THENCE RUN NORTHEASTERLY ALONG THE ARC OF SAID CURVE AND SAID WESTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 650 . 36 FEET TO THE POINT OF REVERSE CURVATURE OF A CURVE, CONCAVE NORTHWESTERLY, HAVING A CENTRAL ANGLE OF 14057' 22" AND A RADIUS OF 710 . 00 FEET; THENCE RUN NORTHEASTERLY ALONG THE ARC OF SAID CURVE AND SAID WESTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 185. 33 FEET TO THE EASTERNMOST CORNER OF HOWELL CREEK RESERVE PHASE ONE, AS RECORDED ON PLAT BOOK 49, PAGES 10-12, PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA FOR A POINT OF BEGINNING; THENCE DEPARTING SAID WESTERLY LINE, RUN THE FOLLOWING COURSES AND DISTANCES ALONG THE NORTHERLY LINE OF SAID HOWELL CREEK RESERVE PHASE ONE; THENCE N30022' 39"W, A DISTANCE OF 356. 04 FEET; THENCE N89052' 39"W, A DISTANCE OF 2100 . 00 FEET; THENCE N00007' 21"E, A DISTANCE OF 100 . 00 FEET; THENCE N89052' 39"W, A DISTANCE OF 47 . 50 FEET TO THE SOUTHEAST CORNER OF CREEKS RUN, AS RECORDED IN PLAT BOOK 53, PAGES 1-3, PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA; THENCE RUN THE FOLLOWING COURSES AND DISTANCES ALONG THE EASTERLY LINE OF SAID CREEKS RUN; THENCE N00007' 21"E, A DISTANCE OF 95. 77 FEET; THENCE N47003' 59"E, A DISTANCE OF 152 . 67 FEET; THENCE N00007' 21"E, A DISTANCE OF 18 . 20 FEET; THENCE N55038' 10"E, A DISTANCE OF 58 . 83 FEET; THENCE N21047' 50"W, A DISTANCE OF 73 . 83 FEET TO THE NORTHEAST CORNER OF SAID CREEKS RUN; THENCE DEPARTING SAID �FFIC! 30OF PAGE EASTERLY LINE, RUN S89052' -8)5E74A DIWY�OF 16. 17 FEET; THENCE N28005' 28"W, A DISTANCE OF 85 . 60 F HENCE N24026' 37"W, A DISTANCE OF 77 . 74 FEET; THENWl)h00f23- :f.TW'W, A DISTANCE OF 68 . 53 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY, AS DEPICTED ON THE RIGHT-OF-WAY MAP FOR STATE ROAD NO. 434, SECTION 77070-2517; THENCE RUN THE FOLLOWING COURSES AND DISTANCES ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE; THENCE S89049' 07"E, A DISTANCE OF 142 . 37 FEET; THENCE S00010' 53"E, A DISTANCE OF 5. 00 FEET; THENCE S89049' 07"E, A DISTANCE OF 200.00 FEET; THENCE N00010' 53"E, A DISTANCE OF 5. 00 FEET; THENCE S89049' 07"E, A DISTANCE OF 133 . 00 FEET; THENCE S00010' 53"W, A DISTANCE OF 289. 00 FEET; THENCE S89049' 07"E, A DISTANCE OF 800. 00 FEET; THENCE N00010' 53"E, A DISTANCE OF 294 . 00 FEET; THENCE S89°49' 07"E, A DISTANCE OF 1383. 53 FEET TO A POINT ON THE AFOREMENTIONED WESTERLY RIGHT-OF- WAY LINE OF VISTAWILLA DRIVE; THENCE DEPARTING SAID SOUTHERLY RIGHT-OF-WAY LINE, RUN THE FOLLOWING COURSES AND DISTANCES ALONG SAID WESTERLY RIGHT-OF-WAY LINE; THENCE S00027138"W, A DISTANCE OF 206. 85 FEET; THENCE S05015' 00"E, A DISTANCE OF 100. 50 FEET TO A POINT ON A CURVE, CONCAVE NORTHWESTERLY, HAVING A CENTRAL ANGLE OF 63058136" AND A RADIUS OF 710. 00 FEET; THENCE FROM A TANGENT BEARING OF S00027' 39"W, RUN SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 792 . 79 FEET TO THE POINT OF BEGINNING. CONTAINING 35 . 096 ACRES, MORE OR LESS. T US 4/KNK1 PLAT. DOC 11/10/98 REV'D 12/2/98 SVB • JFFICIM' RFE.Jy 300 a 3574a.,5 4 6 L XH1P,�� o SEMINOLE CO. FL w {-_ - -- ---_--� ---- -1,---— ------- ----- 692_—_ 69S S.R.43� _`L-_css+•-_ � y fi -`�_- - .r.-- dl HESS AI u L f t .EL / I (; f�� SI I SITE -a, }) y � I X11 s��sS,5�, � �• I �1 �•- I J. g I 5'X 20'SIGNAGE 'N DEDICATION 41) '•, �r- f I OUT,PARCEL 2 411 \ ��/ // �✓gip ! / 5'X 50'SIGNAGE---� �:-��`- /.• / •- EAGLE'S WATCH DEDICATION SUBONISION 9 i .O O 0 k . q) WINTER SPRINGS FLORIDA V DEVELOPER'S AGREEMENT vIV _ B ►p R EX"/BIT B" 1 TUSCAWILLA 31NGLFMN SIGNAGE o TRACT IS ASSOCIATES, INCORPORATED DEDICATION PARCEL IC : v 57.0 SOUTHMAGNOLIA AVENUE L_ O ORL ANDO, FL-ORIDA 32601 ---- 0 8-649-6664120 SHEET !OF ! M FAX 40 J ce v ) " C4 I j' 1,2 :3v Va- 4 _ �f I a F Q _ d I :. _ —i I.. — ♦ ^'-w'd, .gi3.i- ,:i'H' 143�MMrFTh VO m J 10 u U. W T71"TFUT ,y Exhibit 6 ORDINANCE NO. 489 e c, en 1`V r.:? AN ORDINANCE OF THE CITY OF WINTER SPRINGS, r FLORIDA, ADOPTING A SETTLEMENT AGREEMENT BETWEEN THE CITY OF WINTER SPRINGS, FLORIDA AND THE WINTER SPRINGS DEVELOPMENT JOINT VENTURE; PROVIDING FOR A DEVELOPMENT ORDER; r.- AMENDING ANNEXATION ORDINANCE NO. 64; WAIVING MULTI-FAMILY DWELLING UNIT DENSITY LIMITS ' PURSUANT TO SECTION 20-354, CODE OF WINTER SPRINGS; PROVIDING FOR A CERTIFIED MAP; PROVIDING FOR CONFLICTS, SERVABILITY, AND EFFECTIVE DATE. WHEREAS, on October 11, 1971, the Village of North Orlando, Florida, predecessor to the City, adopted Ordinance No. 64 ("Annexation Ordinance") , which Annexation Ordinance annexed certain property comprising what is commonly known as the :'S a;.. Tuscawilla Planned Unit Development (the "Tuscawilla PUD") , into the Village of North Orlando, Florida; and WHEREAS, the Tuscawilla PUD originally consisted of Z<r)..>' approximately thirty-five hundred acres (3,500) and was approved , for development of nine thousand seven hundred forty-seven (9,747) total dwelling units; and WHEREAS, the Annexation Ordinance provided for the development of the Tuscawilla PUD based upon an overall h S '"v development plan and set forth requirements for open space, recreation space, and other development matters; and C3 , � WHEREAS, subsequent to the Annexation Ordinance, the �+ 1YD Tuscawilla PUD was developed in accordance with the approved overall development plan, subject to certain amendments which redesignate the uses of several parcels within Tuscawilla PUD, all of which amendments were in compliance with the overall Tuscawilla PUD concept to better utilize open space and allocate densities within Tuscawilla PUD; and WHEREAS, pursuant to such amendments, the overall density of Tuscawilla PUD was reduced; and WHEREAS, the developers of the Tuscawilla PUD have asserted PJ 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 rn � WHEREAS, On January 14, 1988, Gulfstream Housing Corp. ,:; successor by merger to Winter Springs Development Corporation, ' C, entered into a contract to sell certain real property to D & fl�=' Investments, which property was located in the Central Core, which contract was subsequently assigned by Gulfstream Housing Corp. to WSDJV; and WHEREAS, the developers of the Tuscawilla PUD have asserted it was intended under the said Contract that the Central Core property be developed with a commercial use; and WHEREAS, the developers thereafter sought to develop a shopping center within the Central Core; and WHEREAS, a dispute arose as to the right of the developers of the Tuscawilla PUD to develop a shopping center within the Central Core, which resulted in negotiations between WSDJV and the City and ultimately to a series of public hearings to determine vested rights of WSDJV to develop the Central Core with a commercial use; and WHEREAS, the City Commission ruled on June 19, 1989, that WSDJV did not have vested rights to develop the Central Core as a shopping center; and WHEREAS, based upon the aforedescribed denial, WSDJV filed a Petition for Writ of Certiorari and Amended Petition for Writ of Certiorari in the Circuit Court of the Eighteenth Judicial Circuit in and for Seminole County, Florida (the "Court") , Case No. 89-3589-CA-17-L, Winter Springs Development Joint Venture, a Florida joint venture, through its General Partner, Gulfstream Housing Corp. , successor by merger to Winter Springs Development Corporation, Petitioner, v. City of Winter Springs, a Florida municipal corporation, Respondent (the "Petition") ; and WHEREAS, in an attempt to resolve the issue surrounding the Petition, WSDJV and The City agreed to a mediation of this matter approved by the Court, which mediation was held on February 2, 2 1990; and WHEREAS, as a method of settlement of the Petition and the issues surrounding the development of the Central Core, WSDJV and The City agreed to review the land uses for the remaining undeveloped properties within the Tuscawilla PUD and amend the Tuscawilla PUD to reallocate land uses and densities in a manner to better utilize open space and allocate densities within theca N "a Tuscawilla PUD and in keeping with the original approvals granted,''' relative thereto; and WHEREAS, the property remaining to be developed within the!" Y Tuscawilla PUD consists of approximately 367.2 acres (collectively the "Remaining Property") consisting of: approximately 32.2 acres designated as Parcel 14C ("Parcel 14C") , approximately 35.0 acres designated as Parcel 61 ("Parcel 61") , approximately 202.9 acres designated as Parcel 15 ("Parcel 15") , approximately 75.4 acres designated as Parcel 80 ("Parcel 80") , and approximately 20.7 acres designated as the Lake Jessup Property ("Lake Jessup Property") , which Remaining Property and the aforedescribed parcels are described on Composite Exhibit "A" attached to the Agreement and expressly incorporated herein by this reference; and WHEREAS, pursuant to the Agreement, the total number of residential units and total commercial acreage in the Tuscawilla PUD will be reduced from the original approval; and WHEREAS, the Agreement is in the best interest of The City and promotes the health, safety and welfare of the citizens of The City; and WHEREAS, this Agreement does not constitute a substantial deviation pursuant to Section 380.06(19) , Florida Statutes (1989) , as amended, of the original approval granted to the Tuscawilla PUD; and WHEREAS, The City has determined that it is in the best 3 interest of The City and its citizens to settle the Petition by adoption of this Agreement; and WHEREAS, The City and WSDJV desire to amend the Tuscawilla PUD to reflect the matters set forth within the Agreement. NOW, THEREFORE, THE CITY OF WINTER SPRINGS, FLORIDA, HEREBY ORDAINS: N r� C:j SECTION I: f The Agreement between the City of Winter Springs, Florida`"' and Winter Springs Development Joint Venture, a Florida jointr:? rn venture, attached hereto marked as Attachment 11111, is hereby ' accepted and adopted by the City of Winter Springs, Florida, and made part of this Ordinance as if fully set forth herein. SECTION II: The Agreement shall constitute a development order pursuant to Chapter 163, Florida Statutes (1989) , as amended, and shall govern the City and the developer accordingly. SECTION III- Annexation Ordinance No. 64 is hereby amended pursuant to the terms of the attached Agreement, and any and all approval, master plans, submissions and other similar matters affecting the remaining property of the Tuscawilla PUD are hereby automatically amended to conform to and reflect the provisions of the Agreement. SECTION IV• Pursuant to Section 20-354(b) (4) , Code of Winter Springs, the maximum allowed number of dwelling units per gross residential acre for multi-family dwelling units within the Tuscawilla PUD is hereby waived to the extent permitted under the Agreement, upon recommendations from the Planning and Zoning Board. SECTION V: Attached to the Agreement as Exhibit "B" is a proposed land use plan of the remaining undeveloped property of Tuscawilla PUD. Exhibit "B" of the Agreement is hereby adopted, approved, and certified as the land use plan of the remaining undeveloped 4 properties in the Tuscawilla PUD. SECTION VI• All ordinances or parts of ordinances in conflict herewith shall be and the same are hereby repealed. SECTION VII: If any section, or a portion of a section, or subsection of this ordinance proves to be invalid, unlawful or unconstitutional, it shall not be held to invalidate or to impair the validity, force or effect of any other section or portion of; a section or subsection or part of this ordinance. SECTION VIII• r-• This ordinance shall take effect immediately upon its final passage and adoption. Passed and adopted this d 344t day of , 1990. z x CITY OF WINTER SPRI S S v N w ATTEST: aha � H z3 x -' W x LEANNE M. GROVE; MAYbR m o P+ U CO P, w N a� Hwo CITY CLERK P1. w woo o H z First Reading: May 14, 1990 Second £!rst Reading June 11, 1990 Fzoa Posted: May 18, 1990 Third y Public Hearing and-Seeortd Reading: June 25, 1990 PQ A w a w w w 3 H z w z H z H H H 5 7 7 f r SETTLEMENT AGREEMENT AND AMENDMENT TO ANNEXATION ORDINANCE NO. 64, \9 THE TUSCAWILLA PLANNED UNIT DEVELOPMENT, TER MASPLAN FOR THE TUSCAWILLA PLANNED UNIT DEVELOPMENT AND RELATED MATTERS THIS SETTLEMENT AGREEMENT AND AMENDMENT TO ANNEXATION ORDINANCE NO. 64, THE TUSCAWILLA PLANNED UNIT DEVELOPMENT, MASTER PLAN FOR THE TUSCAWILLA PLANNED UNIT DEVELOPMENT AND RELATED MATTERS ( the "Agreement" ) , is made and entered into as of the day of , 1990 , by and between WINTER SPRINGS DEVELOPMENT JOINT VENTURE, a Florida general partnership (hereinafter referred to as "WSDJV" ) , and THE CITY OF WINTER SPRINGS, FLORIDA, a Florida municipal corporation (hereinafter referred to as the "City" ) . W I T N E S S E T H: tv WHEREAS, on October 11, 1971 , the Village of North Orlando, E � Florida, predecessor to the City, adopted Ordinance No. 64 ( the w '- "Annexation Ordinance" ) , which Annexation Ordinance annexed certain property comprising what is commonly known as the Tuscawilla Planned Unit Development ( the "Tuscawilla PUD" ) into the Village of North Orlando, Florida; and Zi: q t WHEREAS, the Tuscawilla PUD originally consisted of approximately 3,500 acres and was approved for development of 9 ,747 total dwelling units; and WHEREAS, the Annexation Ordinance provided for the ,.. development of the Tuscawilla PUD based upon an overall ,__i development plan and set forth requirements for open space, t,y 'U- recreation space and other development matters; and ul` -;_ WHEREAS, subsequent to the Annexation Ordinance, the Tuscawilla PUD was developed in accordance with the p approved overall development plan, subject to certain amendments which k '` " 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 concept of a central core ( the "Central Core" ) of commercial property, in the parcel commonly known as Parcel 61, to service the entire Tuscawilla PUD, which Central Core was integral in the design of 1 /C/DAH 6786062AMD 06/22/90 . 3 p V �jji(+ \7 • L 4 f 7 the overall road system and infrastructure of the entire Tuscawilla PUD; and WHEREAS, on January 14, 1988, Gulfstream Housing Corp. , successor by merger to Winter Springs Development Corporation, entered into a Contract to Sell certain real property to D & M Investments, which property was located in the Central Core, which contract was subsequently assigned by Gulfstream Housing Corp. to WSDJV; and WHEREAS, the developers of the Tuscawilla PUD have asserted it was intended under the said Contract that the Central Core property be developed with a commercial use; and WHEREAS, the developers thereafter sought to develop a shopping center within the Central Core; and WHEREAS, a dispute arose as to the right of the developers of the Tuscawilla PUD to develop a shopping center within the Central Core; and WHEREAS, the City refused to allow a shopping center development within the Central Core; and WHEREAS, such denial led a series of discussions and negotiations between WSDJV and the City and ultimately to a series of public hearings to determine vested rights of WSDJV to develop the Central Core with a commercial use; and WHEREAS, the City Commission ruled on June 19 , 1989 , that WSDJV did not have vested rights to develop the Central Core as a shopping center; and WHEREAS, based upon the aforedescribed denial, WSDJV filed a Petition for Writ of Certiorari and Amended Petition for Writ of Certiorari in the Circuit Court of the Eighteenth Judicial Circuit in and for Seminole County, Florida (the "Court" ) , Case No. 89-3589-CA-17-L, Winter Springs Development Joint Venture, a Florida joint venture, through its General Partner , Gulfstream Housing Corp. , successor by merger to Winter Springs Development Corporation, Petitioner v. City of Winter Springs, a Florida municipal corporation, Respondent ( the "Petition" ) ; and WHEREAS, in an attempt to resolve the issues surrounding the Petition, WSDJV and the City agreed to a mediation of this matter , approved by the Court, which mediation was held on February 2, 1990; and WHEREAS, as a method of settlement of the Petition and the issues surrounding the development of the Central Core, WSDJV and the City agreed to review the land uses for the remaining undeveloped properties within the Tuscawilla PUD and amend the 2 /C/DAH 6786062AMD 06/22/90 . 3 - 1 , 7 . Tuscawilla PUD to reallocate land uses and densities in a manner to better utilize open space and allocate densities within the Tuscawilla PUD and in keeping the original approvals granted relative thereto; and WHEREAS, the property remaining to be developed (which shall not include real property which presently has or is presently being reviewed for site plan approval, plat approval, building permits, or other similar approvals or matters) within the Tuscawilla PUD consists of approximately 366 .3 acres (collectively the "Remaining Property" ) consisting of : approximately 32 . 3 acres designated as Parcel 14C ( "Parcel 14C" ) , approximately 35 . 0 acres designated as Parcel 61 ( "Parcel 61" ) , approximately 201 .3 acres designated as Parcel 15 ( "Parcel 15" ) , approximately 77 . 0 acres designated as Parcel 80 ( "Parcel 80" ) , and approximately 20 .7 acres designated as the Lake Jessup Property ( the "Lake Jessup Property" ) , which Remaining Property and the aforedescribed parcels are described on Composite Exhibit "A" attached hereto and expressly incorporated herein by this reference; and WHEREAS, pursuant to this Agreement, the total number of residential units and total commercial acreage in the Tuscawilla PUD will be reduced from the original approval; and WHEREAS, this Agreement is in the best interest of the City and will promote the health, safety and welfare of the citizens of the City; and WHEREAS, this Agreement does not constitute a substantial deviation pursuant to Section 380 . 06 (19 ) , Florida Statutes ( 1989 ) , as amended, of the original approval granted to the Tuscawilla PUD; and WHEREAS, notice of intent to consider this Agreement has been properly published and given; and WHEREAS, the City has determined that it is in the best interest of the the City and its citizens to settle the Petition by adoption of this Agreement; and WHEREAS, the City and WSDJV desire to amend the Tuscawilla PUD to reflect the matters set forth herein. NOW THEREFORE, for and in consideration of settlement of the Petition and other and good and valuable consideration, WSDJV and the City hereby agree as follows : 1 . The foregoing recitals are true, correct and accurately reflect the matters affecting the Tuscawilla PUD and the Petition as of the date hereof and such recitals are expressly incorporated herein by this reference. 3 /C/DAH 6786062AMD 06/22/90 . 3 X17 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 -- Lake Jessup Property 20 .7 Multi-Family 166 TOTAL 366 . 3 2 , 889 3 . The acreages described within each Parcel are approximate acreages only and shall be finalized at such time as a final survey of each parcel is obtained. Therefore, the legal descriptions set forth on Composite Exhibit "A" are subject to revisions based upon such final surveys and sound land planning techniques, it being the intent of this Agreement that this Agreement be inclusive of all remaining undeveloped real property within the aforedescribed parcels within the Tuscawilla PUD as of the date hereof; provided, however , no boundary of any such parcel shall be expanded by more than one hundred ( 100) additional feet. 4 . The units set forth herein for the multi-family and single family designations are the maximum allowable units within each such parcel and the acreages set forth herein for the commercial designations are the maximum allowable acreages for commercial property within each such parcel. Notwithstanding the foregoing, WSDJV shall have the right to request minor revisions to such allocations and redistribute units within such parcels to accommodate sound land planning techniques, provided the overall units and commercial acreages on a gross basis do not exceed those set forth above, subject to the applicable provisions of the City Codes. 4 /C/DAH 6786062AMD 06/22/90 . 3 R r 7 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 "B" attached hereto and expressly incorporated herein. 7. Attached hereto as Exhibit "C" and expressly incorporated herein by this reference is a depiction of the Remaining Property and the land uses associated therewith. Attached hereto as Exhibit "D" and expressly incorporated herein by this reference is a depiction of Parcel 15 and the land uses associated therewith. Exhibits "C" and "D" are intended for reference only as the City and WSDJV acknowledge that the land uses shown thereon are an approximation only as to boundaries and the boundaries of such land uses may vary in order to make better use of the Remaining Property in keeping the terms and provisions of this Agreement ; provided, however , no boundary of any such parcel shall be expanded by more than one hundred ( 100) additional feet . The parties agree that Exhibits "C" and "D" shall collectively constitute the certified map and plan of the Remaining Property in the Tuscawilla PUD. Access points and roadways show the number and approximate location of such matters, which location will be finally determined at the time of site plan approval and/or plat approval of the respective property such minor adjustments and revisions shall be permitted, provided such changes shall not result in an increase in the commercial acreage or units on such parcel, except as otherwise permitted herein or by City Codes. 8 . WSDJV agrees to dedicate a one and one-half ( 1 . 5) usable acre site for a fire station located adjacent to State Road 434 in the residential section of Parcel 15, at the location depicted on Exhibit "C" . 9 . WSDJV shall be entitled to transportation impact fee and other impact fee credits for the dedication, planning, development and construction of Tuscora Drive and Vistawilla Drive, which road are determined to be collector roads and other public dedications in an amount equal to the impact fee credits permitted under the Transportation Impact Fee Ordinance or other applicable ordinances adopted or to be adopted by the City, for right-of-way, planning, design, development and construction of such roadways. 10 . The access points of the Remaining Property along State Road 434 shall be of the number and in the approximate locations 5 /C/DAH 6786062AMD 06/22/90 . 3 f rrr� a 1 PAZ L'u ? T _ as depicted on Exhibits "C" and "D" ; howeveT-r ` id' access points shall be subject to Florida Department of Transportation requirements, guidelines and standards. 11 . In the event of any conflict between this Agreement and any other ordinance, approval or similar matter regarding the Tuscawilla PUD, this Agreement shall control and govern the rights and obligations of the parties hereto and such approval or similar matter . 12 . Any and all approval, master plans, plans, submissions and other similar matters affecting the Remaining Property are hereby automatically amended to conform to and reflect the provisions and intent of this Agreement. 13 . Buffering of the Remaining Property shall be subject to the provisions of the applicable City Codes at the time of site plan approval . 14 . In order to develop the Remaining Property, WSDJV shall be required to comply with the applicable City Codes, it being the intent of this Agreement that this Agreement constitutes a revision to the approved map and master plan of the Tuscawilla PUD and that in order to develop any portion of the Remaining Property, the remaining approvals necessary consist only of site plan, final development plan or plat approval and preliminary and final engineering approval, as provided by the aforedescribed City Codes regarding Planned Unit Developments and specifically Chapter 20 , Article IV, Division 2, Part A, which applies to the Remaining Property. 15 . WSDJV agrees that the City may, at any time, adopt a special tax district encompassing that portion of the Remaining Property and other property located adjacent to State Road 434 from the eastern boundary line of the City to State Road 419 , for improvements and beautification of State Road 434 . 16 . WSDJV agrees to grant and convey a ten foot ( 10 ' ) easement to the City over and across the southern boundary of Parcel 14C and continuing along the southern boundary of the adjacent real property owned by WSDJV in the City of Oviedo, Florida, to State Road 426, on or before thirty ( 30 ) days from the date this Agreement becomes final and is no longer subject to appeal . 17 . It is the intent of the parties that although the Petition be dismissed without prejudice, the Court shall retain jurisdiction over this matter and specifically with regard to this Agreement, in order that any disputes hereunder shall be resolved by the Court, pursuant to such proceedings as the Court may deem necessary in order to accomplish the foregoing. Neither party hereto admits to any liability whatsoever with regard to 6 /C/DAH 6786062AMD 06/22/90 . 3 L27 = 7 ` the Petition and the subject matter thereof. e 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 assignable and transferable, including but not limited to, in the event any portion of the Remaining Property is conveyed by WSDJV, and in such event the City shall look solely to such transferee or assignee for the performance of all obligations, covenants, conditions and agreements pursuant to the terms of this Agreement . 20 . This Agreement contains the entire agreement of the parties hereto. Any change, modification, or amendment to this Agreement shall not be binding upon any of the parties hereto, unless such change, modification or amendment is by ordinance and in writing and executed by both the City and WSDJV and adopted by the City by ordinance. 21. This Agreement shall be interpreted pursuant to the laws of the State of Florida. 22 . This Agreement is intended to be performed in accordance with and only to the extent permitted by all applicable laws, ordinances, rules and regulations . If any provision of this Agreement or the application thereof to any person or circumstance shall for any reason, and to any extent, be invalid or unenforceable, the remainder of this Agreement and the application of such provision to other persons or circumstances shall not be affected thereby, but rather shall be enforced to the greatest extent permitted by law. 23 . In the event of any controversy or dispute arising between the City and WSDJV in connection with this Agreement , including without limitation, in any settlement , in any declaratory action, at trial or in any appellate proceeding, the prevailing party shall be entitled to recover any and all costs and expenses associated therewith, in whatsoever nature or form, including without limitation, reasonable attorneys ' fees , paralegal fees, legal assistants ' fees, expert witness fees and other professional fees and expenses associated therewith. 24 . This Agreement and any modification or amendments hereto 7 /C/DAH 6786062AMD 06/22/90 . 3 may be recorded in the Public Records of Semi d6lib-Af ntty, Florida; however, failure to record this Agreement or any modification or amendment hereto shall in no way invalidate same . IN WITNESS WHEREOF, the City and WSDJV have executed this Agreement as of the date and year first written above. "WSDJV" WINTER SPRINGS DEVELOPMENT JOINT VENTURE, a Florida general partnership Signed, sealed and delivered BY: GULFSTREAM HOUSING CORP. , ip. the presence of a Delaware corporation, `. General Partner •. I/J. J. Tenn M hI , Vice Presidej. ,w f r • `,.,,`Vie,C•,.. •F y0"10.. (CORPCrR *� oil � s r G BY: HOME CAPITAL CORP. ,+ """"""""+t' a California corporation, General Part U By: is E. Vogt, Vice President By: C-r . eCa o, Assistant Secretary (CORPORAtZ::S•EAI a d` ........•.. `\\\t 8 /C/DAH 6786062AMD 06/22/90 . 3 2f THE "CITY" THE CITY OF WINTER SPRINGS FLORIDA, a Florida municipal corporation Attest : /�f'lj � By: 4�vzUte . Mary T. Norton, Leanne M. Grove City Clerk Mayor 9 /C/DAH 6786062AMD 06/22/90. 3 ? t f t STATE OF FLORIDA COUNTY OF C: I HEREBY CERTIFY that on this day personally appeared before me, an officer duly authorized to administer oaths and take acknowledgments , J. GLENN MARVIN, III , as Vice President of GULFSTREAM HOUSING CORP. , a Delaware corporation, which corporation is a General Partner of WINTER SPRINGS DEVELOPMENT JOINT VENTURE, a Florida general partnership, to me well known to be the person described in and who executed the foregoing instrument and he acknowledged before me that he executed the same for the purposes therein expressed, on behalf of the partnership. WITNESS my hand and official seal in the County and State last aforesaid this day of 1990 . N ary P bis My Commiss ' on Expires: 140'ARY PUBLIC TATE 0F`P10R!0A AT LAiill k l ABY �0-'AMIS :ON E-?!RES JUNE 25. 19994 �- e STATE OF FLORIDA Bcf4um "1-1PU ASMTON AGENCY, swC. �ur' COUNTY OF L, I HEREBY CERTIFY that on this day personally appeared before me, an officer duly authorized to administer oaths and take acknowledgments, LOUIS E. VOGT, as Vice President of HOME CAPITAL CORP. , a California corporation, which corporation is a General Partner of WINTER SPRINGS DEVELOPMENT JOINT VENTURE, a Florida general partnership, to me well known to be the person described in and who executed the foregoing instrument and he acknowledged before me that he executed the same for the purposes therein expressed, on behalf of the partnership. WITNESS my hand ani ,official sea in the ounty and State last aforesaid, this �day of Notary Publ ' My Commiss o Expires:. ," r. O ARY PUBLIC,STATS L COMMISSION EXPIr $; A1D� �¢ BONDED THRU NOTARY p aT1DtRWRITil11c >. 10 /C/DAH 6786062AMD 06/22/90 . 3 - r _ 2- 2 7 STATE OF F RIDA COUNTY OF� d' I HEREBY CERTIFY that on this day personally appeared before me, an officer duly authorized to administer oaths and take acknowledgments, JOY DeCARO, as Assistant Secretary of HOME CAPITAL CORP. , a California corporation, which corporation is a General Partner of WINTER SPRINGS DEVELOPMENT JOINT VENTURE, a Florida general partnership, to me well known to be the person described in and who executed the foregoing instrument and he acknowledged before me that he executed the same for the purposes therein expressed, on behalf of the partnership. WITNESS my hand andficial s 1 i the County and State last aforesaid, this // day of P , 1990 . s'• No ary Publi66, Q• My COMMIssAA 'NOTA l T ®spL 9�ate, C+� ISSION EXPiRBS; MA1 'ATS40; my STATE OF RIDA BONDED THRU NOTARY PU61dc UN15RJC ,N ' COUNTY OF I HEREBY CERTIFY that on this day personally appeared before me, an officer duly authorized to administer oaths and take acknowledgments, LEANNE M. GROVE, as Mayor and attested by MARY T. NORTON, as City Clerk of THE CITY OF WINTER SPRINGS, FLORIDA, a Florida municipal corporation, to me well known to be the persons described in and who executed the foregoing instrument and they acknowledged before me that they executed the same for the purposes therein expressed, on behalf of the municipality. WITNESS my hand a dicial s 1 ' n theCount and•' 9tiit�., .p last aforesaid, this ay of Notary Pub is My Commission Expires: .;GTARY PUBLIC) STATE O/ RLOd10A AT LARGE MY COMMISSION EMPIRES DECEMBER 03, 1993 BONDED THRU ASHTON AGENCY.INC. 11 /C/DAH 6786062AMD 06/22/90 . 3 C OMPOS= EXHIBIT "A" Ei'1'`" j7 r i F �x Ute' PARCEL 14C _ ` t` and i�E:en�-GL k.�EG Cr U1 r ' recorded 1n Plct Book 36, Paces �. c7C �. Ci �ne P11Ji1C a�2CC.v5 O_ Seminole Count y, Cr 1:]c . LES SRI (Page 1 of 15) Vi L! PACM61 - n t'rceoenLprline of i.nt.ersertice, of 6;inter Springs B.0",_le- rd and Ner-hern W, v, as shown in plat of Wj_nte'~ Springs unit Fo, -' as recorded Plat Took 16, Pages 6, 7 and 8, Public Resor is of Se.,incle Co=t-,V, Florida; run N.86°23'05"E. along the cerate=line of V;inter Springs Boulevard 282. 85 feet; thence N.0303655"ti. 60.00 feet to the point cf beginning on the North riot-o_`-way line of Winter SbrIncs Boalevzrd (1-201 Vv`) ; thence run S.86023105"W. along said North richt-of-Way h- line 217.85 feet to the point of curvature of a curve concave Ily Jo� esterly, and having a .radius m dius of 25.00 feet; thence nNor`�hwes e- Pp- along the arc of said curve 39.27 feet through a central anlge of 90° 00, 00" to the point of tangency on the Fast right-of-way line cf North- ern_�- h- en way (80' RIW) ;; thence run N.03°36'55"�•,, along said Fast right- of- way line 90.78 feet to the point of cu.--,nature of a curve concave Ncr-thEasterly and having a radius of 1893.55 feet; them run ancle of 02° along the arc of said curve 84.25 feet through a central an- ofr 2' 57" to a vol-nt; thence leaving said East richt-Gr-wa}' line, 2Q. 86°23' 05"E. 270. 83 feet to the point of curvature of a curve concave Soutjwesteriy, and having a radius of 27.E3 feet; thence r= South- easterly outh- easte ly runalong the arc of said C 'L"Zre 40.44 feet through a central angle of 83°14' 41" to the point of tangency; thence r7 S.1C°22'14"E 1-13.85 feet to a point on the aforesaid North right-of-wav line of Winter Springs Boulevard, said mint being on a curve concave North- erly, a:-,L,:- 'ravi North- in a radil:s of 1085.92 feet; thence frc�r, a tangent bear nc of S. S2016' 07/"W. , rtr: W--star - airng t� arc or said c,='"ve and aicng said 1,o _he-1y richt-of-wzy 1 s►e 7E.01 feet t'=Ua-h a nta1 angle o-f 04°06' 08' `o :tom po1nt of gees^.ung, con r nn_ng r 1. 4112_ acres. (Page 2 of 15) � 7 � . ? � | Gl ` D[Sr P7 20K C F PA CL Z Frorr, h* cen1prl � no ol intersect; or, of �:ir, e SprinCS Goule - vart cn0-' hcrn �2� � s shown in pl � � of V 1 KTR SpR ) � C S U� ] T FOUR as re / "^r�ed in Pl � � 600k lC . PEpes 6 . 7 b S . Puc re ' ` - Fi id K G� "2 � ' O5 ~ E clon� �h* corc� cf �e�� nol � Coun�� . or � . run . � ceIo � rin* of �in�cr 1prin �s Bou)erure 282 . 85 fept � thence n |i 03 , -6 60 . 00 fect �o u point on the �orth r i 0 h t of WE Y l � ne o{ s E i t �'� � n1er � rings 8oulv eor� . scip0int being on » c ' rv* concave Nor and havioc a radius of lDE592 feez � v i f K B6 "23 ' D5 ^ [ run Eu � �erl � zhenc* from B �angent b*ar n� n � ' f alon � the urc of said curve and alone said korIherl � righ� » *a� linp 78 Dl feet t h r o u o h E cen-LruO4oD6 ' � P'' zo f �he poin� n� be �hpnce leavinQ said Korhprl� righ � � ' �h o � n^ of curve ' *cy . ine , run K � lO"Z2 ' l � ~� . l73 ' C� �ee1 10 e � ^ di of � h 1 l � having o r� us zur* of u curve concave 5nu� wes er � a » ~ ' - �� f said � 7 E =- fco � � � hence run hor�h*es �er1� ulong In � rc s / ' � ~ c ' f through c cen�ral angic of G� "l4 ` � l ^ 1� the curve � O �� e* � � rou� � p0jn:z oungencyhence run S ' 86 Z3D5 W 270 G3 f li � f or �h rn W�� / 8D ' poinI on � hc [cszerly rich-, o . w»� » o ^ = d h ` rin� p /� ) � si6 poinT b* inp on s curve conc2ve �eszer ) y an E r' dius of l8�35r ie*t � �hence from Z �anop �t becrin0 of K Dc �O3 ' 58^� ru` -3 . 5E alon� �he src of s d curve and � ' � '' ' li 5D O8 �ep � � hrou �h � � long said [c � Lerly rich� cf �ay ne jd centrangle nf 01 "O ' 56^ -Lo E Poinhence Iccving s� Eaozerl), ric. co -Y line run K . 86 "2-' ' D5 ^E . 2(�,7- 96 f*e � zo � he p o i n I o , curvc �ure of � curv� conc» ve �ou� h*es �er� � and ' So theaserly � long h i � ra �ius of 77 82 �es - � �henc* run » c » n� ' ^ ` rl an�le o� �h� arc of sa � d curvs l 3 G7 fee � b� ro» g h E cenL. 2 5 lD"�2 ' l � .[ 83 = l � ' � l ^ �o �he �oin� o� �en�ency � thsnce ru» ' ' -8D fes� �o a poin� on -L.he afore said Kor1Uerly rich� of wzy line of E Spr� ngs 8oulor-;: rd , s ;� id poin-, bein0 on a concEre Xorherly and harinc c rodus of lD85 � 5Z fest� � hence � f S 7 � �37 ' 46^� run Ueszerl � alon0 the from n tsngen� becr » g o ' j � Kor�h ' rly r� �h� of way line ' arc of s aid cur'e unb alongisEl * o � e2 "38 ' �l ^ �o �ns Po� n� ' 50 . 0Z fee � throuch s cencra a n c D 5g7" acres more or less ' of be�inning , conzuining � nere � n � 9 - (Page 3 of I5) t _ f L_ y _Z rfi : PA= 61 _ ? � t � f DL'SCRIPTION'' - PnRCL'L "I,-- From I,"From the centerline intersecLion of winter Sorings Boulevard and Norrhern Way, as shown on the Plat of Winter Springs unit 4, recorded in Plat Book. 1.8, Pages 6 . 7 a,d 8, Public Records of Seminole County, Florida; run N.03`36'55"w. along the centerline of Northern way 175. 78 feet; thence N. 86°23'05"E. 40.00 feet to a point on the Gast right-of-way line of Northern wAy, said point being the point of curvature of a curve concave Easterly and havino a radius of 11193.55 feet; run Lhence Northerly along said richt-of-wav line and alono the arc of said curve 309. 34 feet Lhrouoh a central angle of 09"21' 36" to tite point of beginning; thence continue Northerly along the arc of said curve 453. 33 feet throuoh a central angle of 13°43' Ol"; thence run 5.701 32'10"L. 151- El feet; thence N.26"12'2' E. 203. 35 feet to the South line of 11U foot gide 1'lorida Power and Light Company P.asemenL; thence N-54"05' 37"W. along said South line 1611,00 feet to said East right-of-way line of Northern Way; thence N.25°22' 55"G. along said Ea::t right- of-way line )26. 74 Leet to the point of curvature of a curve concave Southeasterly and havino a radius of 410.00 feet; run thence NnrtheaRterly along the arc of said curve 430. 83 feet tnrough a central angle of 60°12'23" to the noint of reverse curvature of a curv- concave Northwesterly and having a radius of 296. 47 feet; run thence Northeasterly 177. 65 feet along the arc of said curve through a central angle of 34°06'09" to the S-uth line of 100 foot wide Florida Power C'ornoration Easement; thence 5.85"10'12"G. along said South line 904. 73 feet; thence 5. 27145' 0511L. 174..07 feettothe Northerly right-of-way line of Winter Sori-ngs Boulevard. said right- of-way line being on a curve concave Southeasterly and having a radius of 1215. 10 feet; thence from a tangent bearino of 5.62"14 '55"W. run Southwesterly alono said right-of-way line end along the arc of said ctirve 737.53 feet through a central angle of 34°46'29" to the point of tangency; thence 5.27°20'26"W. 261.56 feet to the point of curvature of a curve concave Northwesterly and hiving a radius of 1085. 92 feet; run thence Southwesterly alonu the arc of said curve 960. 49 feet; thence N.10*22'19"h'. 50. 00 feet to the beginning of a curve concave Northwesterly and having a radius of 1035. 92 feet; thence from a tangent bearino of N.79°37'46"E. run Northeasterly alono the arc of said curve 170. 78 feet throuoh a central ancle of 09°26' 44"; thence N. 19°40' 5U11w. 315. 30 feet; thence N.89'32' 3l*'W. 419.75 feet to th 32.9979. acres. g e Point Of Beginning, containintherein (Page 4 of 15) "TUSCAWILLA PARCEL 15/PARCEL I - 17 tot DESCRIPTION: That part of the MAP OF THE PHI-LIP R. YOUNGE GRANT, as recorded in Plat Book 1, Pages 35 through 38 of the Public Records of Seminole County and that part of Sections 5 and 8, Township 21 South, Range 31 East, Seminole County, Florida, being described as follows: Begin at the Northeast corner of said Section 8, Township 21 South, Range 31 East, Seminole County, Florida, thence run S 00°24'55" E along the East line of the Northeast 1/4 of said Section 8, for a distance of 205.56 feet to the Point of Intersection of the Northerly 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 Branch 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 along the arc of said curve and said Easterly Right-of-Way line through a central angle of 08°11'08" for a distance of 114.27 feet to a point on a curve concave Northeasterly 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 Easter!- Right-of-Way line through a central angle of 54'35'00" for a distance of 620.40 feet; thence run N 06°21'38" E along said Easterly Right-of-Way line for a 1540.55 feet; thence leaving said Easterly Right-of-Way line run S 89°32'22" E along the South Right-of-Way line of State Road No. 434 (60' R/W) 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, Range 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 00°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' PJM; 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 66°56'09" 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; (Page 5 of 15) "JSCAhILLA PARCEL 15/PARCEL 1 thence run N 79°18'14" W along said Northerly Right-of-Way l e or a distance of 691.26 feet to the point of curvature of a curve concatvf = . � . 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 central angle of 11'46'38" for a distance of 536.92 feet td the point of tangency; thence run S 88°55'08" W along said Northerly Right-of-Way line for a distance of 96.48 feet to the Easterly Right-of-Way line of Proposed Vistawilla Drive and a point on a curve concave Southeasterly having a radius of 460.00 feet and a chord bearing of N 44°53'28" E; thence run Northeasterly along the arc of said curve and said Easterly Right-of-Way line through a central anile of 69°00'18" for a distance of 554.01 feet to the point of reverse curvature of a curve concave Northwesterly having a radius of 790.00 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 feet to the POINT OF BEGINNING: thence continue Northerly along said Easterly Right-of-Way line and said curve having a radius of 790.00 feet and a chord bearing of N 05022'51" E through a central angle of 09°50'25" for a distance of 135.68 feet to a point of non- tangency; thence run N 06°10'16" E along said Easterly Right-of-Way line for a distance of 100.50 feet; thence run N 00°27'38" E along said Easterly Right-of-Way line for a distance of 214.99 feet to the point of curvature of a curve concave Southeasterly having a radius of 25.00 feet; thence run Northeasterly along the arc of said curve through a central angle of 90°00'00" for a distance of 39.27 feet; thence run S 89°32'22" E along a line that is 25.00 feet South of and parallel with the South Right -of-Way Eric of State Road 434 for a distance of 404.53 feet; thence run N 00°27'38" E for a distance of 25.00 feet to said South Right-of-Way line; thence run S 89°32'22" E along said South Right-of-Way 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-Wav 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 BEGINNING. TOGETHER WITH: Commence at the Northeast comer of Section 8, Township 21 South, Range 31 East, Seminole County, Florida, thence run S 00°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 (Page 6 of 15)