HomeMy WebLinkAbout2021 02 04 Regular 502 - Winter Springs Marketplace - Aesthetic Plan Review (Partial), certain Waivers, Final Engineering Review, Removal of Specimen Trees, and Development Agreement
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Setbacks Side: 5 ft.
Front: 25 ft.
min. - 100 ft.
Town Center
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Development Lot Coverage: 100%
Standards
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Tuskawilla Property Investor, LLC06/29/2020
630 South Maitland Avenue, Suite 100, Maitland, FL 32751
RStahl@Equinox-Development.com
407-342-0277
Robbie & Edward Ondick
989 Greentree Dr, Winter Park, FL 32789
Winter Springs Marketplace
State Road 434, Winter Springs, FL 32708
36-20-30-502-0000-0070; 36-20-30-502-0000-0080; 36-20-30-502-0000-0090; 26-20-30-5AR-0A00-008F
10.23 AC.
Vacant and Commercial
Commercial
Town Center District
Please see attached waiver cover letter included
with this response
Please see attached waiver cover letter included with this application.
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Please see attached waiver cover letter included with this application.
Please see attached waiver cover letter included with this application.
Please see attached waiver cover letter included with this application.
Please see attached waiver cover letter included with this application.
Please see attached waiver cover letter included with this application.
Please see attached waiver cover letter included with this application.
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Tuskawilla Property Investors, LLC
State Road 434, Winter Springs, FL 32708
36-20-30-502-0000-0070
FLSeminole
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January 21, 2021
Ms. Marla Molina, Senior City Planner
City of Winter Springs
Community Development Department
1126 State Road 434
Winter Springs, Florida 32708
Subject: Waiver Application Justification
Winter Springs Marketplace
Site Plan Case No.: SP2020-0018
Please find attached plans and additional supporting documents for the waiver request from the City of
Winter Springs Code Sections listed below.
1) Section 16-51 Definitions
a) A waiver from Winter Springs City Code Sec 16-51, to allow the copy area of wall signs to
be measured as one (1) rectangle per row of text or symbols up to a maximum of three (3)
rectangles, in lieu of the whole wall sign being measured as one (1) single rectangle.
2) Section 16-80 Limitations on Certain on-premises signs including attached to buildings
a) A waiver from Winter Springs City Code Sec. 16-80 to allow a maximum copy area of
seventy-two (72) square feet per sign face for the two (2) multi-tenant
ground signs indicated on the signage site plan in lieu of thirty-two (32) square feet.
3) Section 20-325 Transect Standards Lot Design Guidelines Table
a) A waiver is requested from Winter Springs City Code Sec. 20-325 to allow a minimum 15%
frontage buildout at the front setback as required under the T5 transect in lieu of the 20%
minimum specified.
b) A waiver is requested from Winter Springs City Code Sec. 20-325 to allow a maximum 67.75-
ft front setback in lieu of the 50-ft max setback specified.
4) Section 20-324.6 General Provisions Drive-throughs
a) A waiver is requested from Winter Springs City Code Sec. 20-324.(6) to allow the drive-
through service windows for Buildings B and C at the side of the buildings in lieu of in the
rear or alley of the buildings.
5) Section 20-327.1 Signs
a) A waiver from the table at the end of Winter Springs City Code Sec. 20-327.1 to allow wall
signs to have a maximum copy height of twelve (12) feet in lieu of three (3) feet.
b) A waiver from the table at the end of Winter Springs City Code Sec. 20-327.1 to allow wall
signs to have a maximum letter height of forty-two (42) inches in lieu of eighteen (18) inches.
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6) Section 20-327.1.(a) General Requirements
a) A waiver as provided for in Winter Springs City Code Sec. 20-327.1.(a) to allow monument-
style ground signs on properties located along SR-434 within the Town Center, which
includes this property. Four (4) such signs are proposed. Please see the signage site plan for
the location of these proposed signs.
b) A waiver from Winter Springs City Code Sec. 20-327.1(a) to allow monument-style ground
signs and permanent menu boards to be internally illuminated in lieu of only individual
letters and symbols being internally illuminated.
7) Section 20-327.1.(b) Finish Materials
a) A waiver from Winter Springs City Code Sec. 20-327.1(b) to allow the use of plastic finishes
on internally illuminated monument-style ground signs and permanent menu boards in lieu
of being limited to wood, metal, canvas, neon, and paint.
8) Section 20-327.1.(d)(9) Sign Standards: Specific to Sidewalk Signs (Menu Board Signs)
a) A waiver from Winter Springs City Code Sec. 20-327.1(d)(9)a to allow menu boards to be
permanent when installed on private property in lieu of temporary.
9) Section 20-605 Streetscape Requirements (Per Ordinance 2020-02)
a) A waiver is requested from Winter Springs City Code Sec. 20-605 (Ordinance 2020-02) to
allow a 13-ft onsite landscape buffer with canopy trees, a meandering 6-ft offsite sidewalk,
and interspersed understory trees between back of sidewalk and front of sidewalk within
the R/W. The requested streetscape buffer modification will provide the 27-ft buffer as
required by code. This request will be in lieu of the required 5-ft landscape area adjacent to
the R.O.W., followed by a 6-ft sidewalk, and a 16-ft landscape and treescape area (total 27-
ft).
The following is an itemized discussion to each of the twelve (12) waiver justification questions included
with this request package.
1. Demonstrate that the applicable term or condition clearly creates an illogical, impossible,
impractical, or patently unreasonable result related to the proposed property and development?
1a) A waiver from Winter Springs City Code Sec 16-51, to allow the copy area of wall signs to
be measured as one (1) rectangle per row of text or symbols up to a maximum of three (3)
rectangles, in lieu of the whole wall sign being measured as one (1) single rectangle is
requested. When wall signs have significant blank space between lines of text, this blank
space does not contribute to visual clutter and therefore should not count against copy
area. The requirement for using a single shape creates a bias in favor of signage design
that is boxy and densely fills the allotted shape. Signage designs that make significant use
of blank space are effectively forced to reduce their copy area because blank space that is
not part of the copy is nonetheless counted against the copy area limit.
Providing some flexibility in the copy area calculation method will curb the effect of this
bias, allowing a more accurate representation of the actual copy area being used by a
given design. The limit of three rectangles will prevent this additional flexibility from being
abused.
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2a) A waiver allowing a maximum copy area of seventy-two (72) square feet per sign face for
the two (2) multi-tenant ground signs identified on the signage site plan,
in lieu of thirty-two (32) square feet is requested. The two (2) multi-tenant signs that will
make use of this waiver are serving the anchor tenants at the rear of the development,
meaning that their building-mounted signage has correspondingly lower visibility (and
hence less visual clutter) when viewed from the street. The requested increase in copy area
provides these tenants with necessary street visibility while maintaining a pleasant
streetscape as shown in the street-view renderings included with this package.
This property is at the intersection of two major roads: SR 434 and Tuskawilla, which are
respectively six (6) lanes wide and five (5) lanes wide along the frontage of this property,
and both have planted medians. Visibility from these wide, fast, car-oriented roads will be
necessary to sustain the businesses in this development.
3a) The waiver allowing a minimum 15% frontage buildout in lieu of the 20% requirement is
required in order to maintain proper site circulation. Given the drive-thru associated with
the QSR use for Buildings B and C additional vehicular access is needed around these to
provide adequate circulation and limit stacking at ingress and egress points. In addition,
each parcel is required by City criteria to stand on its own per development. Parking areas
line the vehicular access routes as another feature allowing each lot to stand on its own.
3b) The waiver allowing a maximum 67.75-ft front building setback in lieu of the 50-ft setback
is requested in order to better accommodate the streetscape requirements detailed within
Section 20-
The applicant has provided an enhanced onsite landscape buffer along SR 434 to meet the
canopy tree streetscape requirements. The canopy trees that would otherwise be adjacent
to the SR 434 roadway have been located on site in order to avoid overhead and
underground utilities. The right-turn lane in front of the site limit the amount of room
available for the canopy trees immediately adjacent to SR 434.
The applicant has made additional efforts to bring the buildings as close to the 50-ft
maximum as possible. The drive aisle along the front of Buildings A & B has a 22-ft width
and the associated front parking spaces have 18-ft lengths. These changes in addition to the
12-ft right-turn lane streetscape encroachment along the 434 frontage bring the total
requested variance from code to nearly 10%.
4a) The waiver allowing drive-thru service windows on the side of Buildings B and C in lieu of
the rear or alley of the building is required due to the area limitations in the vicinity of these
buildings. Rotating these buildings to locate the drive-throughs at the rear would impact
the amount of parking the parcel would be able to provide. If the buildings are rotated with
rear drive-throughs, the buildable area in the Future Development parcel area would be
negatively impacted in order to achieve sufficient parking for Buildings B and C.
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5a) A waiver requesting to allow wall signs to have a maximum copy height of twelve (12) feet
in lieu of three (3) feet is requested. The total allowable copy area for wall signs will remain
the same 1.5-sf per linear foot of building frontage as set forth in Winter Springs City Code
Sec. 16-80 and 20-327.1. The increase in copy height is requested based on this property's
situation at the intersection of two wide, fast, car-oriented roads, and the car-oriented
development pattern that such roads necessitate. This means the buildings will be placed
at a greater distance from the road than the original sign height limits account for and will
therefore need to be taller to remain legible at a distance. But to reiterate, while the height
of the signs is increasing, the total allowable copy area is not.
5b) A waiver requesting to allow wall signs to have a maximum letter height of forty-two (42)
inches in lieu of eighteen (18) inches is requested. The total allowable copy area for wall
signs will remain the same 1.5-sf per linear foot of building frontage as set forth in Winter
Springs City Code Sec. 16-80 and 20-327.1. The increase in letter height is requested based
on this property's situation at the intersection of two wide, fast, car-oriented roads, and the
car-oriented development pattern that such roads necessitate. This means the buildings will
be placed at a greater distance from the road than the original letter height limits account
for and will therefore need to be taller to remain legible at a distance. But to reiterate, while
the height of the letters is increasing, the total allowable copy area is not.
6a) The waiver allowing monument-style ground signs along SR-434 within the Town Center is
required as a result of location. This property is at the intersection of two major roads: SR
434 and Tuskawilla, which are respectively six (6) lanes wide and five (5) lanes wide along
the frontage of this property, and both have planted medians. Visibility from these wide,
fast, car-oriented roads will be necessary to sustain the businesses in this development.
Monument-style ground signs are the norm for this type of development, including at
comparable properties just down the street, within the SR 434 overlay district. In the case
of the gas station across the street in Tuskawilla, there is a precedent that is actually within
the Town Center district. Given this, and the fact that the property in question is near the
edge of the Town Center district, we believe that allowing these monument-style signs is
both fair and will not harm the city's intent within the Town Center.
The proposed signs include:
One (1) short multi-tenant ground sign on the SR434 frontage serving the nearby
outparcel buildings.
One (1) single-tenant ground sign, for the remaining proposed outparcel building.
Two (2) multi-tenant ground signs serving the rear tenants, which equates to one (1) for
each right-of-way frontage. The total right-of-way frontage is longer than five hundred
(500) feet on a major road.
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6b) A waiver allowing monument-style ground signs and permanent menu boards to be
internally illuminated in lieu of only individual letters and symbols being internally
illuminated is requested. The prohibition on internally lit backgrounds for wall signs will
remain intact. This waiver only allows backgrounds to be internally illuminated on
monument signs. Internally illuminated backgrounds are the norm for commercial
monument signs, and are already common along both SR434 and Tuskawilla, including on
comparable properties just down the street within the SR 434 overlay district. In the case of
the gas station across the street in Tuskawilla, there is a precedent that is actually within
the Town Center district.
The use of internally illuminated backgrounds is appropriate to the scale and speed of these
adjacent major roads, which is also the circumstance that justifies the presence of
monument signs. If the city chooses to acknowledge such circumstances are present by
granting the Section 20-327.1(a) waiver request to permit monument signs on this property,
it is reasonable that the city would also permit the use of design and construction techniques
common to monument signs.
7a) A waiver allowing the use of plastic finishes on internally illuminated monument-style
ground signs and permanent menu boards in lieu of being limited to wood, metal, canvas,
neon, and paint is requested. The Town Center code allows for individually cut letters to be
internally illuminated, so in practice some allowance for the use of plastics is already made.
Translucent plastic is a necessary component of internally illuminated signs; therefore, this
waiver would be necessary for the practical exercise of the waivers allowing internal
illumination of monument signs and permanent menu boards.
8a) A waiver allowing menu boards to be permanent when installed on private property in lieu
of temporary is requested. The existing design standards for menu boards do not account
for drive thru restaurants. If the proposed drive-thru use is approved for this property, then
a permanent menu board serving the drive thru will be required. This waiver only applies to
menu boards installed on private property. No permanent signs will be installed on
sidewalks or public property. The proposed menu board is facing away from the public right-
of-way and will be sized consistent with industry-standard drive-thru menu boards, such as
that already in use by Starbucks and McDonalds across the street from this development.
The proposed menu board will be constructed to the same weather-resistance and wind-
loading standards as any other permanent exterior sign per applicable building codes.
9a) The waiver allowing modification to the S.R. 434 & Tuskawilla streetscape configuration
and plant species is required due to conflicts with existing utilities, sidewalks, and a right
turn lane within the R.O.W. Existing underground and overhead utilities within the R.O.W.
currently limit the planting of trees in the configuration required by code.
City Code requires a 27-ft streetscape buffer from edge of pavement. Under normal
circumstances there is adequate space from the edge of the roadway to proposed
development to provide for the streetscape buffer as shown in Ordinance 2020-02. The
Winter Springs Marketplace property has an existing right-turn lane along the majority of
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the SR-434 boundary which removes 12-ft of space the site is able to utilize for the
streetscape buffer. Approximately 17-ft is provided between the property line and the edge
of pavement within the right turn lane. There is existing water main, overhead electric, gas,
and underground electric within this distance. An existing 5-ft sidewalk runs along the SR-
434 and Tuskawilla Road site boundaries.
In an effort to work with City Staff, the applicant has agreed to place canopy trees within
the limits of the onsite landscape buffer. Understory trees will be interspersed among the
proposed onsite canopy trees. The existing sidewalk within the R/W will be upgraded to a
6-ft sidewalk in areas adjacent to proposed development. In the R/W, understory trees will
be placed between back of curb and front of sidewalk.
The proposed configuration will provide the 6-ft sidewalk required by code and allow for
canopy trees within the streetscape buffer. Placing the canopy trees onsite rather than in
the R/W will help prevent conflicts with the overhead utilities once the trees reach maturity.
The addition of the understory trees within the R/W will help enhance the streetscape buffer
for pedestrians and vehicular traffic. Existing utilities within the R/W will be adjusted to
follow the routing of the new 6-ft sidewalk. Although this layout will be different than the
streetscape layout it will still meet the intent of the streetscape requirements.
2. Demonstrate that the proposed development plan is in substantial compliance with Chapter 20
With the exception of the waivers detailed above, the proposed project meets the remaining
requirements set forth in Section 20 of the City of Winter Springs Code. The site design previously
underwent a full review in which the site design was further fine-tuned to incorporate all the
changes requested by Staff to meet City Code.
3. Will the proposed development plan significantly enhance the real property?
The majority of the property is currently undeveloped and vegetated with upland wooded areas.
The eastern corner of the site is an old abandoned Pinch-A-Penny location. Proposed
development will enhance the property by providing a developed and landscaped cohesive look
that complements the surrounding retail and residential areas.
4. Will the proposed development plan serve the public health, safety, and welfare of the City of
Winter Springs?
The proposed development hopes to serve the Winter Springs public health and welfare by
bringing a fitness club tenant and a dentist tenant under contract. Development of the property
will serve Winter Springs safety by replacing the abandoned Pinch-A-Penny and overgrown
undeveloped lot with clean, well lit, and secure facilities available for public access. The onsite
drainage system also benefits public health and welfare with the increased water quality and
nutrient removal benefits it provides to waters leaving the site. The increased commercial tax
base provided as a result of this project will reduce the burden on City of Winter Springs
residents.
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5. Will the waiver diminish property values in or alter the essential character of the surrounding
neighborhood?
The waiver will not diminish the property values and seeks to maintain the essential character
of the surrounding neighborhood.
6. Is the waiver request the minimum waiver that will eliminate or reduce the illogical, impossible,
impractical, or patently unreasonable result caused by the applicable term or condition under
Chapter 20 Zoning?
The requested waiver is the minimum waiver that will eliminate the unreasonable conditions
caused by the sections of code detailed above in the introduction of this letter.
7. Is the proposed development plan compatible and harmonious with the surrounding
neighborhood?
The proposed development plan is compatible and harmonious with the surrounding
neighborhood. The development will complement the surrounding similar QSR, grocery, fitness
club, and medical uses. Roberts Family Lane and Natures Way neighbors were involved early-
on to address concerns with the proposed development. The site buffers along the residential
areas incorporate input from meetings with the neighbors in further efforts to provide a site
that is harmonious with the surrounding neighborhood.
If you have any further questions, please do not hesitate to contact our office or email me at
jonathan.martin@kimley-horn.com.
Sincerely,
KIMLEY-HORN AND ASSOCIATES, INC.
Jonathan A. Martin
Principal
K:\\ORL_Civil\\149170016-Winter Springs Marketplace\\AGENCY PERMITS\\WinterSprings\\APPLICATIONS\\Waiver Aplication\\2021-01-21 - Waiver
Letter - Eleven18 Edit.docx
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www.duke-energy.com
manufacturer will also affect results.unauthorized use of or reliance on this document.
output, and ballast and luminairedisclaims any liability or responsibility for any
Lake Mary, Florida 32746
values. Normal tolerances of voltage, lampcompensation to Duke Energy. Duke Energy
produce different results from the predictedabsent prior written consent from, and payment of
3300 Exchange Place
Winter Springs, Florida
from sources other than listed in this mayhereby expressly prohibited and shall not be permitted
or otherwise) in the lighted area, or lightingarchitects, engineers, or equipment manufacturers is
Outdoor Lighting Solutions
surrounding surfaces, obstructions (foliagecustomer or other entities, including without limitation,
elevation differences, reflective properties ofany information contained herein by the prospective
®installation, lighted area geometry includingreproduction or disclosure of the drawing, design or
Winter Springs Marketplace - Site Lighting Plan
information, differences in luminairethe title block of this drawing. Any use, copying,
Energy. Any inaccuracies in the suppliedspecific purpose and prospective client as stated in
information that has been supplied to Dukeproperty of Duke Energy, and is intended only for the 1 of 2
predicted values and are based on specificpresented as an instrument of service, is the sole
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Lighting Design Tolerance: CalculatedProprietary & Confidential: This document together
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leased lighting program.
2.Lighting is fed directly from Utility secondary distribution system via closest transformer and is not connected to any meter4.70W Open Acorn LED poles are Washington 16' OAL direct
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SymbolQty LabelParking and Drives General Notes:1.Site lighting is engineered, installed, and connected per NESC for Utility work and is owned and maintained by Duke Energy un
Luminaire Schedule
248
www.duke-energy.com
manufacturer will also affect results.unauthorized use of or reliance on this document.
output, and ballast and luminairedisclaims any liability or responsibility for any
Lake Mary, Florida 32746
values. Normal tolerances of voltage, lampcompensation to Duke Energy. Duke Energy
produce different results from the predictedabsent prior written consent from, and payment of
3300 Exchange Place
Winter Springs, Florida
from sources other than listed in this mayhereby expressly prohibited and shall not be permitted
or otherwise) in the lighted area, or lightingarchitects, engineers, or equipment manufacturers is
Outdoor Lighting Solutions
surrounding surfaces, obstructions (foliagecustomer or other entities, including without limitation,
elevation differences, reflective properties ofany information contained herein by the prospective
®installation, lighted area geometry includingreproduction or disclosure of the drawing, design or
Winter Springs Marketplace - Site Lighting Plan
information, differences in luminairethe title block of this drawing. Any use, copying,
Energy. Any inaccuracies in the suppliedspecific purpose and prospective client as stated in
information that has been supplied to Dukeproperty of Duke Energy, and is intended only for the 2 of 2
predicted values and are based on specificpresented as an instrument of service, is the sole
footcandle levels in this lighting design arewith the concepts and designs presented herein,
Lighting Design Tolerance: CalculatedProprietary & Confidential: This document together
Designer Christopher Cordell DateJanuary 04, 2021 ScaleN.T.S. Drawing No.
SLC-02
PRELIMINARY
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249
December 21, 2020
Mr. Kevin Maddox, City Arborist
City of Winter Springs
Community Development Department
1126 State Road 434
Winter Springs, Florida 32708
Subject: {ƦĻĭźƒĻƓ ƩĻĻ wĻƒƚǝğƌ
źƓƷĻƩ {ƦƩźƓŭƭ ağƩƉĻƷƦƌğĭĻ
{źƷĻ tƌğƓ /ğƭĻ bƚ͵ʹ {tЋЉЋЉΏЉЉЊБ
Dear Mr. Kevin Maddox,
The tree removal and preservation calculations have been included as part of Sheets L0.50 and L.051 of
the Winter Springs Marketplace civil development plans. These calculations depict all the trees, including
the specime
the Specimen Tree Report dated August 19, 2020 by Native Florida Landscapes, LLC, there are 8
specimen trees on site, all of which are Quercus virginiana/live oaks. As noted in the report, one of the
specimen trees was identified as significantly decayed and should be downgraded. As a result, 7 viable
specimen trees exist on site.
specimen tree
removal as required by Sec. 5-8 of the City of Winter Springs Code of Ordinances. The removal of these
specimen trees is required due to the nutrient removal requirements in which the site is located. The site
must be significantly raised in order to utilize the exfiltration treatment proposed in meeting the nutrient
removal criteria. The footprint required for each of these systems and the amount the site will be raised
will not allow preservation of all the specimen trees. We have made every effort, where practical, to
preserve as many specimen trees as possible. Of the 7 viable specimen trees onsite, we have preserved
specimen tree (Tree No. 185). To mitigate the removal of the other 6 specimen trees, we will
Tree replacement on-site meets code and these trees will be planted throughout the site perimeter and
internal landscaping. 328 trees are being planted for mitigation. The remaining 195 trees being removed
will be mitigated by paying into the tree fund per Sec. 5-9 Table 1 of the Winter Springs Code. Sheet
L1.00 of the Civil Development plans details the tree mitigation numbers of trees to be planted as
replacements along with the resulting balance to be paid into the tree fund.
If you have any further questions, please do not hesitate to contact our office or email me at
jonathan.martin@kimley-horn.com.
Sincerely,
KIMLEY-HORN AND ASSOCIATES, INC.
Jonathan A. Martin
Principal
K:\\ORL_Civil\\149170016-Winter Springs Marketplace\\AGENCY PERMITS\\WinterSprings\\APPLICATIONS\\Waiver Aplication\\2020-12-03 -
Specimen Tree Removal Letter.docx
kimley-horn.com 189 S. Orange Avenue, Suite 1000, Orlando, FL 32801 407 898 1511
256
THIS INSTRUMENT WAS PREPARED BY
AND SHOULD BE RETURNED TO:
Anthony A. Garganese
City Attorney of Winter Springs
Garganese, Weiss,D'Agresta& Salzman, P.A.
111 N. Orange Avenue, Suite 2000
Orlando, FL 32802
(407) 425-9566
FOR RECORDING DEPARTMENT USE ONLY
DEVELOPMENTANDPROPERTY DIVISION AGREEMENT
Winter SpringsMarketplace/Tuscawilla Property Investors
THIS DEVELOPMENT AGREEMENT(“Agreement”) is made and executed this
______ day of _________________, 2021, by and between the CITY OF WINTER SPRINGS,
a Florida Municipal Corporation (“City”), whose address is 1126 East S.R. 434, Winter Springs,
Florida 32708, andTUSCAWILLA PROPERTY INVESTORS, LLC,aFlorida Limited
Liability Company, whose address is630 S Maitland Avenue, Suite 100, Maitland, Florida 32751
(“Developer”).
WITNESSETH:
WHEREAS,Developeristhe owner of approximately 8.278acres, more or less, of real
property locatedsouthwestof the intersection of SR 434and Tuskawilla Road,in Winter Springs,
Seminole County, Florida,zoned Town Center (T5 Transect),more particularly described herein
(“Property”); and
WHEREAS,the Developer is under contract, and intends, to purchase the additional
property constituting approximately 1.95 acres, more or less, also located southwest of the
intersection of SR 434 and Tuskawilla Road, in Winter Springs, Seminole County, Florida, zoned
Town Center (T5 Transect), more particularly described herein, which is currently owned by Anna
Ondick, Individually and as a Successor Trustee of the Robbie R. Ondick Revocable Trustdated
October 7, 1991, as amended and restated on August 3, 1994 bythe First Amendment and
Restatement of the Robbie R. Ondick Revocable Trust dated October 7, 1991, as further amended
on March 25, 1999 by First Amendment to the First Amendment and Restatement of the Robbie
R. Ondick Revocable Trust dated October 7, 1991(“TrustProperty”); and
DEVELOPMENT AGREEMENT
City of Winter Springs and Tuscawilla Property Investors, LLC
Page 1of 34
259
WHEREAS,Anna Ondick, as successor trustee of the Trust, also signed the application
for the Final Engineering/Site Plan Approval, Aesthetic Plan Approval, Specimen Tree Removal
and certain Waivers from the City Code; and
WHEREAS,Developer has applied for Final Engineering/Site Plan Approval, Aesthetic
Plan Approvalfor certain buildings on the Property,Specimen Tree Removal, and certain Waivers
from the City Code in order to construct ashopping center consisting of five (5)buildings; and
WHEREAS,pursuant to Chapter 20 Zoning, Article II, Division 1, Section 20-29.1 of the
Winter Springs City Code (“City Code”), a community workshop for the Project was held onMay
28, 2020; and
WHEREAS,Section 20-29(c) of the City Code requires that all site plans and waivers
shall be binding on the use of the subject property and, further, that as a condition of approval by
the City Commission, all development projects requiring a community workshop pursuant to
Section 20-29.1 of the City Code shall be required to be memorialized in a binding development
agreement; and
WHEREAS, this Development Agreement shall be recorded against the Property so that
the terms and conditions of approval related to the Project shall run with the land; and
NOWTHEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties mutually agree as follows:
1.0Recitals.The foregoing recitals are true and correct and are hereby incorporated
herein by this reference.
2.0Authority.This Agreement is entered into pursuant to the Florida Municipal Home
Rule Powers Act.
3.0The Propertyand Trust Property.The Propertysubject to this Agreement is
legally described in EXHIBIT “A”, attached hereto and fully incorporated herein by this reference
(“Property”).The TrustProperty described in the Recitals and subject to this Agreement is legally
described in EXHIBIT “B”, attached hereto and fully incorporated herein by this reference
(“TrustProperty”).
Developer represents and warrants to the City that it has entered into a written contract
(“Purchase Agreement”) to purchase the TrustProperty and that the Developer intends to
expeditiously pursue the completion of the closing on the TrustProperty upon the Effective Date
of this Agreement. Based on this representation and warranty to the City, Developer further
represents and warrants to the City that it can enter into this Agreementwith respect to the Trust
Propertyfor the limited purposes set forth herein prior to its acquisition of theTrust Property.
However, the acquisition of fee title to the TrustProperty by the Developer shall be a condition of
the City’s approval of the Final Engineering Plans/Site Plan andWaiversas applicable to the Trust
DEVELOPMENT AGREEMENT
City of Winter Springs and Tuscawilla Property Investors, LLC
Page 2of 34
25:
Property, except to the extent of clearing,grading, grubbingand seedingof the Trust Property, for
which the Developer has provided a Reciprocal Easement Agreementdated November 10, 2020,
recorded in Official Records book 9757, Page 1335, Public Records of Seminole County, Florida
(the “REA”). The REA specifically authorizes the Developer to perform site preparationfor future
development of the Trust Property, such as clearing, grading/grubbing and seeding, and such site
preparation shall be a condition of this Agreement pursuant to the terms and conditions set forth
in Section 4.1(J). Developer shall keep the City fully apprised of the status of said closing and
shall faithfully and expeditiously complete the closing no later thanone year of the Effective Date
of this Agreement. (‘Closing Date”). If Developer fails to complete the closing by the Closing
Date, approval of the Final Engineering/Site Plan and Waivers as applicable to the Trust Property,
except for clearing, grading and seeding, shall be automatically revoked.Specifically, the approval
of the engineering for the intended fast food restaurant, including the fast food restaurant building
and supporting parking, drive aisles and utilities,shown on “Lot 3” of the“Overall Site Plan”,
Sheet C4.0 of the Final Engineering Plans(“Fast Food Restaurant Improvements”)shall be void,
except for clearing, grading and seeding.The parties agree that upon conveyanceof the Trust
Property to Developer, this Agreement shall automatically bind, and benefit and burden, such Trust
Property, and that the definition of “Property” and “Project” herein shall automatically be modified
to include the Trust Property, without any further action required by either party. Upon closing of
the Trust Property and conveyance to the Developer, the conditional approval of the Final
Engineering/Site Plan and Waivers as applicable to the Trust Property and the Fast Food
Restaurant Improvements shall becomefinal and binding.
4.0Project Descriptionand Requirements; Phasing.Developer shall, at its
expense,design, permit and construct afive-building shopping centerin atwo phaseson the
Property,for a total of approximately 59,000square feet of building space,as well as supporting
infrastructure, stormwater pond, parking lots, and landscaping.
(Hereinafter the project description and requirements are referred to as the “Project”).
The “Overall Site Plan”, Sheet C4.0 of the Final Engineering Plans, is attached hereto as EXHIBIT
“C”for convenience and incorporated herein by this reference.The Developer shall construct the
Project in a manner consistent with the approved Final Engineering/Site Plans, Aesthetic Plans,
and Waivers that are on file with the City with the following file numbers and consistent with the
requirements contained in this Agreement:
File Nos:SP2020-0018 Final Engineering/Site Plans, AE2020-0029Aesthetic
Review, WA2020-0026Waiver
Phase I of the Project shall consist of all buildings and improvements on the Property andclearing,
grading and seeding of the Trust Property; Phase IIshall consist of the FastFood Restaurant
Improvements on the Trust Property.Any development of the Future Development Area, located
on the Trust Property andas shown on the “Overall Site Plan”, Sheet C4.0 of the Final Engineering
Plans,shall require an amendment to this Agreement.
DEVELOPMENT AGREEMENT
City of Winter Springs and Tuscawilla Property Investors, LLC
Page 3of 34
261
4.1Specific conditions of approval.Specific conditions of approval for the
above-referenced Final Engineering Plans, Aesthetic Plans and Waivers, includethe following,
which are alsoaddressed in the staff report for the Final Engineering/Site Plans, Aesthetic Plans,
and Waivers:
A.To the extent that the driveway access to SR 434 and the underground
chambers for stormwater collection and treatment to service the driveway as shown on the “Overall
Site Plan”, Sheet C4.0 and the Overall Drainage Plan, Sheet C6.0 of the Final Engineering Plans,
are located on the Trust Property, the Developer shall be required to secure easements from the
Trust to allow for the construction, installation and maintenance of such facilities prior to issuance
of any site clearing or building permits for the Property, if the same have not already been obtained.
Except for grading and seeding/grass installation plansand except to the extent adequate easements
for the driveway access to SR 434 and the underground chambers for stormwater collection and
treatment are secured(if not already obtained),approval of the Final Engineering/Site Plan and
Waivers as applicable to the Trust Property shall be contingent upon the Developer acquiring the
Trust Property within one yearof the Effective Date of this Agreement.
B.In the event the Developer acquires the Trust Property within one year of
the Effective Date of this Agreement, Developer shall extendand install the planned streetscape
along the SR 434 and Tuskawilla Road frontage of the Trust Property to match the streetscape
planned for the Property. The Trust Property streetscape shall be installed either in conjunction
with the Property streetscape or within twelve (12) monthsfollowing acquisition of the Trust
Property(subject to Section 25.0), whichever is later. However, in the event that Developer does
not acquire the Trust Property and fails to complete the closing, Developer shall install as much of
a matching streetscape as possible within the existing rights-of-way on SR 434 and Tuskawilla
Roadadjacent to the Trust Property concurrent with the installation of the streetscape on the
Property.
C.In the event the Developer acquires the Trust Property, the Developer shall
as soon as possible thereafter demolish the existing pole sign and existing building at the corner
of SR 434 and Tuskawilla Road. In any case, the Developer shall use its best faith efforts to secure
the authorization from the Trust to remove the existing pole signand existing buildingas soon as
possible.
D.AReciprocal Easement Agreement dated November 10, 2020 has been
recorded in Official Records book 9757, Page 1335, PublicRecords of Seminole County, Florida
(the “REA”) affecting the Property.Developer is relying upon the REA for master planning
common infrastructure between the Property and Trust Property and permitting the Project with
the City. Therefore, should the REA terminateand a substantially similar agreement or declaration
not be of record providing for the master planning common infrastructure between the Property
and the Trust Property, Developer shall be required obtain an amendment to the Final
Engineering/Site Planin order to demonstrate to the City that the Project can standalone on the
Property relative to adequate access, parking, utilities, drainage and any other previously shared
infrastructure under the REA.Further, should the Property be further divided in any manner not
DEVELOPMENT AGREEMENT
City of Winter Springs and Tuscawilla Property Investors, LLC
Page 4of 34
262
authorized by Section 28.0 of this Agreement,the City shall require,prior to the approval of the
division of land,that the Developer demonstrate adequate access, parking, utilitiesanddrainage
including any other easements necessary for common infrastructure on the Propertywhich is not
already demonstrated by the REAor substantially similar agreement or declaration of record.
E.The onsite wastewater collection systemrequired to be constructed for the
Project, up to the connection at the City’s manhole in Solaris Wharf Street, is to be owned and
maintained by the Developer and/or future owners of the Property.
F.The onsite potable water systemrequired to be constructed for the Project,
up to and including the meters at each building, is to be dedicated to the City for ownership and
maintenance.A10-foot wide utility non-exclusive easement, centered over the water linesas
shown in the Final Engineering Plans,shall be dedicated to the City and anappropriate bill of sale
for the potable water system as described hereinshall be delivered to the City prior to the issuance
of anycertificate of occupancy in a form acceptable to the City Attorney, free and clear of all liens.
Upon completion and acceptance ofthe potable water systemimprovements by the City, the
potable water system improvements shall be owned by the City and maintained, repaired and
replaced by the City. In addition, the onsite irrigation system shall be connected to the City’s reuse
system.The onsite irrigation system shallbe owned and maintained by the Developer and/or
future owners of the Property; provided, however, should any irrigation system and applicable
meter be located on any single lot within the Project, then such system may be owned and
maintained by the owner or occupant of such lot.The City’s meter for the reuse connection shall
be located at the right-of-way line in an easement dedicated to the Cityin a form acceptable to the
City Attorney prior to the issuance of any certificate of occupancy.
G.Developer shall be required to plant at least 296creditsof new replacement
trees, which shall include at least six (6) 10” d.b.hQuercus Virginia/Live Oaks to mitigate the
removal of six (6) viable specimen trees on the Property.All required tree replacements shall be
planted prior to the issuance of any final certificateof occupancy for any buildingon the Property.
Tree replacements and landscaping shall be subject to the obligation of ongoing maintenance and
replacement for the first two years following planting, at the Developer’s expense, ifthe City
determines, after reasonable inspection, that any tree or landscaping has become severely diseased
or damaged to the point that the viability of the tree or landscaping has been significantly
compromised. In the event that Developer fails to perform the necessary maintenance, repairs or
replacements of any of the trees or landscaping, the City shall have the right, but not obligation, to
conduct said maintenance, repairs or replacements and recover the actual cost thereof from the
Developer. Prior to exercising that right, the City shall provide the Developer written notice and
an explanation of the specific default and at least thirty (30) days in which to cure the default. If
Developer fails to cure the default by the end of the cure period, the City may exercise its rights to
maintain and replace at any time thereafter.
The Developer shall additionally submit: (1) a $112,800.00tree bank mitigation payment for trees
that are not possible to replace on the Property; and (2) a Landscape Performance and Maintenance
Bond in a form acceptable to the City Attorneyensuring planting and installation of all required
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trees and landscapingshould the Project be abandoned after the Property has been cleared and
proper maintenance of the trees for two (2) years after planting. The tree bank mitigation payment
and Landscape Performance and Maintenance Bond shall be submittedprior to obtaining the first
clearing and grading or building permit, whichever is earlier.
H.No building in the Project shall exceed a height of three stories.
I.The City Commission herein imposes certain use restrictions greater than
those otherwise specified in the Town Centerzoning district to ensure any negative impacts of the
commercial development are minimized and to ensure the future development is compatible with
the surrounding uses. The following uses shall be permitted on the Property:
1.Alcoholic beverage sales (package)
2.Alcoholic beverage on-premises consumption
3.Art supplies and picture framing shops
4.Artists’ (such as painters, sculptures, and craft makers) studios
5.Alterations, Tailoring and Shoe Repair
6.Confectionary and ice cream stores (including outside dining)
7.Dance and music studios
8.Interior decorating and draperies
9.Pet shops and grooming
10.Photographic studios
11.Physical fitness and health clubs
12.Professional and Business Offices including:
a.Advertising Agencies
b.Bookkeeper
c.Dental
d.Insurance
e.Medical (clinics and laboratories)
f.Title Companies
g.Travel Agency
13.Restaurants,sidewalk cafes,
14.Retail uses as follows:
a.Appliances, sales and service
b.Antique and gift shop
c.Bakery, including wholesale
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d.Bridal shop
e.Bicycle, sales/service
f.Bookstores, stationery, newsstands
g.Butcher shop
h.Carpets, rugs and linoleum
i. Computers, hardware/software/sales/service
j. Drug and sundry stores(including General stores, such as Dollar Tree,
Family Dollar or Dollar General)
k.Dry cleaner/ Tailoring shops
l. Florist/Gift Shop
m.Financial institutions, banks, savings/loan (Requires Conditional Use)
n.Furniture
o.Grocers, including wholesale
p.Hardware store
q.Health food/ Snack shop
r.Hobby/ craft shop
s.Jewelry
t. Office and stationary supplies
u.Paint store
v.Quick printers
w.Rental stores, excluding auto/truck rentals
x.Sporting goods
y.Toy stores
z.Wearing apparel stores
15.Salon including nail, hair, and tanning
There shall be no retail sales, manufacturing, or compounding of any products
derived from the hemp plant or cannabis plant, including CBD (cannabidiol).
J.All grass areas on the Propertyand Trust Propertyshall use Bahia grass. No
St. Augustine grass or grass types with low drought toleranceshall be permitted.In accordance
with the REA, the Developer shall elect to clear, grub, and seed/grass the Trust Propertyand
diligently pursue the consent and approval of the Trust to perform such work in conjunction with
the clearing, grading and landscaping of the Property.
K.Dumpster serviceandtrash pickup for the Project is prohibited earlier than
7 a.m. and later than 7 p.m.
L.Commercial delivery trucks to the grocery, retail stores, and restaurants
shall not be permitted to access the Propertyvia Roberts Family Lane.
M.Project construction shall be limited to Monday-Saturday 7:00 a.m. to 8:00
p.m. Construction shall be prohibited Sundays and on federal holidays.
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N.All parking area lighting shall be designed so as not to produce glare on
adjacent residential properties. Security lighting shall be provided in areas accessible to the public
during nighttime hours, and such lighting shall be on a time-clock or photo-sensor system.
O.Prior to commencement of construction, the Developer shall submit for the
City’s approval a plan detailing construction access and employee and contractor parking during
construction. Employees and contractors and their equipment, materials and supplies shall not be
parked or placed on Roberts Family Lane.
5.0Future Permitting.The Developer shall be required to obtain Aesthetic Review
approval for the remainder of the buildings not included in the Aesthetic Review file referenced
above, as well as building permits, as required by the Winter Springs City Code. Developer shall
be required to receive building permits and substantially commence vertical construction of
buildings, which shall at minimum include building foundations, for the Project within two (2)
years of the Effective Date of this Agreement.
6.0Representations of the Parties. The City and Developerhereby each represent
and warrant to the other that it has the power and authority to execute, deliver and perform the
terms and provisions of this Agreement and has taken all necessary action to authorize the
execution, delivery and performance of this Agreement. The Developer further agrees and makes
the following representations and warranties to the City:
A.The Developer is lawfully seized of the Property in fee simple and has full and lawful
authority to execute this Agreement and bind the Property as set forth herein.
This Agreement will, when duly executed and delivered by the City and Developer, constitute a
legal, valid and binding obligation enforceable against the parties hereto.Upon recording of this
Agreement in the Public Records of Seminole County, Florida, the Agreement shall be a binding
obligation upon the Property in accordance with the terms and conditions of this Agreement.
Developerrepresents that it has voluntarily and willfullyexecuted this Agreement for purposes of
binding himself and the Property to the terms and conditions set forth in this Agreement.
7.0Successors and Assigns. This Agreement shall automatically be binding upon and
shall inure to the benefit of the City andDeveloperand 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 sameupon being duly recorded against the Property by the City.
8.0Applicable Law; Venue. This Agreement shall be governed by and construed in
accordance with the laws of the State of Florida.The venue of any litigation arising out of this
Agreement shall be in SeminoleCounty, Florida or, for federal court actions, in Orlando, Florida.
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9.0Amendments. This Agreement shall not be modified or amended except by written
agreement duly executed by both parties hereto (or their successors or assigns) and approved by
the City Commission.
10.0Entire Agreement; Exhibits. This Agreement and all attached exhibits hereto
supersede any other agreement, oral or written, regarding the Property and contain the entire
agreement between the City and Developeras to the subject matter hereof. The Exhibits attached
hereto and referenced herein are hereby fully incorporated herein by this reference.
11.0Severability. 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.
12.0Effective Date. This Agreement shall become effective upon approval by the City
Commission and execution of this Agreement by both parties hereto.
13.0Recordation.Upon full execution by the Parties, this Agreement shall be recorded
upon the Property in the Public Records of Seminole County, Floridaby the Cityand shall be
binding upon the Property and all future owners thereof.At such time the Developer closes on the
TrustProperty, this Agreement shall also be recorded upon the Trust Property and shall be binding
upon the Trust Property and all future owners thereof. The Developer shall be responsible for all
recording fees associated with recording this Agreementupon the Property and Trust Property.
14.0Relationship of the Parties. The relationship of the parties to this Agreement is
contractual and Developeris an independent contractor and not an agent of the City. Nothing
herein shall be deemed to create a joint venture or principal-agent relationship between the parties,
and neither party is authorized to, nor shall either party act toward third persons or the public in
any manner, which would indicate any such relationship with the other.
15.0Sovereign Immunity.The City intends to avail itselfof sovereign immunity and
other applicable limitations on City liability whenever deemed applicable by the City. Therefore,
notwithstanding any other provision set forth in this Agreement, nothing contained in this
Agreement shall be construed as a waiver of the 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 twohundred thousand dollars
($200,000.00), or any claim orjudgment, 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 threehundred thousand dollars ($300,000.00).
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16.0City's Police Power.Developeragrees 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.
17.0Interpretation. The parties hereby agree and acknowledge that they have both
participated equally in the drafting of this Agreement and no party shall be favored or disfavored
regarding the interpretation to this Agreement in the event of a dispute between the parties.
18.0Third-Party Rights. This Agreement is not a third-party beneficiary contract and
shall not in any way whatsoever create any rights on behalf of any third party.
19.0Specific 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.
20.0Attorney's Fees. In connection with any arbitration or litigation arising out of this
Agreement, each party shall be responsible for their own attorney’s fees and costs.
21.0Development 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
Agreementin accordance with the criteria of the City Code and the requirements of this
Agreement. The failure of this Agreement to address any particular City, County, State and/or
Federal permit, condition, term or restriction shall not relieve Developeror the City of the necessity
of complying with the law governing said permitting requirement, condition, term or restriction.
Without imposing any limitation onthe City’s police powers, the City reserves the right to
withhold, suspend or terminate any and all certificates of occupancy for any building, trailer,
structureor unit if Developeris in breach of any term and condition of this Agreement.
22.0Default.Failure by either party to perform each and every one of its
obligations hereunder shall constitute a default, entitling the non-defaulting party to pursue
whatever remedies are available to it under Florida law or equity including, without limitation,
termination of this Agreement, an action for specific performance,and/or injunctive relief. Prior
to any party filing any action as a result of a default under this Agreement, the non-defaulting party
shall first provide the defaulting party with written notice of said default. Upon receipt of said
notice, the defaulting party shall be provided a thirty (30) day opportunity in which to cure the
default to the reasonable satisfaction of the non-defaulting party prior to filing said action.
23.0Termination.The City shall have the unconditional right, but not obligation, to
terminate this Agreement, without notice or penalty, if Developer fails to receive building permits
and substantially commence vertical construction of buildings,which shall at minimum include
building foundations, for the Project within two (2) years of the Effective Date of this Agreement.
The Developer may apply to the City Commission for an extension of this Agreement, which may
be granted upon good cause shown. In addition, the City shall have the right, but not obligation,
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to terminate the Agreementif Developerpermanently abandons construction of the Project,
provided, however, the City shall first deliver written notice and an opportunity to cure to the
defaulting party as set forth in Section 22.0above. If the City terminates this Agreement, the City
shall record a notice of termination against the Property in the public records of Seminole County,
Florida.
24.0Indemnification and Hold Harmless.Developer shall be solely responsible for
designing, permitting, constructing, operating and maintaining this Project. As such, Developer
hereby agrees to indemnify, release, and hold harmless the Cityand its commissioners, employees
and attorneys from and against all claims, losses, damages, personal injuries (including, but not
limited to, death), or liability (including reasonable attorney’s fees and costs through all appellate
proceedings), directly or indirectly arising from, out of, or caused by Developerand Developer’s
contractor’s and subcontractor’s performance of design, permit and construction, and maintenance
activities in furtherance of constructing the Project and maintaining the improvements of this
Project.This indemnification shall survive the termination of this Agreement.
25.0Force Majeure. The parties agree that in the event that the failure by either party
to accomplish any action required hereunder within a specified time period (“Time Period”)
constitutes a default under the terms of this Agreement and, if any such failure is due to any
unforeseeable or unpredictable event or condition beyond the control of such party, including, but
not limited to, acts of God, acts of government authority (other than, as applicable to the City,the
City’s own acts), acts of public enemy or war, riots, civil disturbances, power failure, shortages of
labor or materials, injunction or other court proceedings beyond the control of such party,or severe
adverse weather conditions (“Uncontrollable Event”), then, notwithstanding any provision of this
Agreement to the contrary, that failure shall not constitute a default under this Agreement and any
Time Period proscribed hereunder shall be extended by the amount of time that such party was
unable to perform solely due to the Uncontrollable Event. The extended time period shall be
agreed to in writing by the parties and said agreement shall not be unreasonably withheld by either
party.
26.Notice.Whenever either party desires to give notice to the other, notice shall be
sent by hand delivery or certified mail, return receipt requested, and shall be sent to:
For the City:
Shawn Boyle, City Manager
City of Winter Springs
1126 East S.R. 434
Winter Springs, Florida 32708
With additional notice to:
Anthony A. Garganese, City Attorney
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Garganese, Weiss, D’Agresta & Salzman, P.A.
111 N. Orange Avenue, Suite 2000
Orlando, FL 32802
For Developer:
Ryan Stahl
Tuscawilla Property Investors, LLC
630 S. Maitland Avenue, Suite 100
Maitland, FL 32751
With additional notice to:
Nicole Latham Carolan, Esq.
Winderweedle, Haines, Ward & Woodman, P.A.
329 Park Avenue North, Second Floor
Winter Park, FL 32789
Either party may freely modify their respective contact person and address contained in
this Paragraph by providing written notice of the modification to the other party. Any Notice given
as provided herein shall be deemed received as follows: if delivered by personal service, on the
date so delivered; and if mailed, on the third business day after mailing.
27.0Assignment.Priorto recording this Agreement upon the Property, Developer shall
not assign this Agreement without the prior written consent of the City.Such assignment shall
also require the written approval of the City by amendment to this Agreement, which shall not
require a public hearing and shall not be unreasonably withheld.Any assignment authorized by
this subparagraph shall require the assignee to be a formal signatory to this Agreement and fully
assume all of Developer’s obligations, commitments, representations, and warranties under this
Agreement. In any assignment, the rights and obligations contained herein shall be binding on
successors in interest to the Property, and the terms and conditions of this Agreement shall bind
and inure to the benefit of the parties hereto and any respective successors and assigns.
28.0Division of Land.Pursuant to Section 9-14 of the City Code and in order to
facilitate the implementation of the Town Center master plan, the Propertyand Trust Property,
currently consisting for four (4) platted parcels and legally described in Exhibits A and B, shall
upon the Effective Date and recordation of this Agreement be reconfigured and divided into only
two (2)resulting parcels (“Resulting Parcels”) in accordance with this recorded Agreement.Each
parcel is consistent with the descriptions of the Property and Trust Property, respectively.A
depiction and legal description of thesenew Resulting Parcels is provided in Exhibit D,
incorporated herein by this reference.
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Furthermore, upon the completion of the closing and Developer’s acquisition of the Trust
Property, the Trust Property shall further be divided into two (2) resulting Trust Property parcels
(“Resulting Trust Property Parcels”) in accordance with this recorded Agreement, for a total of
three (3) parcels overall. A depiction and legal description of each Resulting Trust Property Parcel
is provided in Exhibit E, incorporated herein by this reference.
Hereinafter, theResulting Parcels and, upon the closing, the Resulting Trust Property
Parcels will each be recognized by the City as developable lots under this Agreement for future
permitting with the City. Anyfuture divisionsor reconfigurationsof the Propertyor Trust Property
shall be completed in accordance with the procedures provided in the Winter Springs City Code.
Developer acknowledges that should Developer divide or reconfigure the Resulting Parcels or the
Resulting Trust Property Parcels in the future without first obtaining the City’s approval, all future
permitting shall be subject to immediate suspension by the City for the affected Parcel(s).
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IN WITNESS WHEREOF, the parties have hereunto set their hands and seal on the date
first above written.
CITY OF WINTER SPRINGS
By:
Charles Lacey, Mayor
Date: _______________________________
ATTEST:
By:
Christian Gowan,City Clerk
APPROVED AS TO FORM AND LEGALITY
For the use and reliance of the City of Winter Springs,
Florida only.
CITY SEAL
Date:
By:
Anthony A. Garganese, City Attorney for
the City of Winter Springs, Florida
STATE OF FLORIDA
COUNTY OF SEMINOLE
The foregoing instrument was acknowledged before me by means of (___) physical
presence or (___) online notarization, this______ day of ___________, 2021, by Charles Lacey,
Mayor of the City of Winter Springs, Florida,aFlorida municipal corporation, on behalf of the
corporation, who is personally known to me or produced ___________________
_______________ as identification.
(NOTARY SEAL)
(Notary Public Signature)
(Print Name)
Notary Public, State of
Commission No.:
My Commission Expires: ________________
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Signed, sealed and delivered in the
TUSCAWILLA PROPERTY INVESTORS,
presence of the following witnesses:
LLC
By:
Ryan Stahl
Signature of Witness
Date: _______________
Printed Name of Witness
Signature of Witness
Printed Name of Witness
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before meby means of(___) physical
presence or(___) online notarization, this______ day of ___________, 2021, byRyan Stahl,the
Manager ofTuscawilla Property Investors, LLC,alimited liability company, on behalf of the
company, who is personally known to me or produced ___________________ _______________
as identification.
(NOTARY SEAL)
(Notary Public Signature)
(Print Name)
Notary Public, State of
Commission No.:
My Commission Expires:
DEVELOPER IS HEREBY ADVISED THAT SHOULD DEVELOPER FAIL TO FULLY
EXECUTE, AND DELIVER TO THE CITY, THIS AGREEMENT WITHIN THIRTY(30)
DAYS FROM THE DATE THAT THE CITY COMMISSION APPROVES THIS
AGREEMENT, THIS AGREEMENT, AND THE DEVELOPMENT PERMIT
APPROVALS REFERENCED HEREUNDER, SHALL AUTOMATICALLY BE DEEMED
NULL AND VOID.
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EXHIBIT A
PROPERTY LEGAL DESCRIPTION
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EXHIBIT B
TRUST PROPERTY
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EXHIBIT C
OVERALL SITE PLAN
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EXHIBIT D
RESULTING PARCELS
Resulting Parcel #1
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Resulting Parcel #2
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EXHIBIT E
RESULTING TRUST PROPERTY PARCELS
Resulting Trust Property Parcel #1
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Resulting Trust Property Parcel #2
The Trust Property (described in Exhibit “B”) LESS AND EXCEPT the Resulting Trust
Property Parcel #1 (described above) –and reflected as “Parcel 7” (Future Development) in the
sketch above.
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JOINDER AND CONSENT
For and in consideration of the mutual covenants, terms, and conditions and restrictions
contained herein, together with other good and valuable consideration, the receipt and sufficiency
of which is hereby acknowledged,ONE FLORIDA BANK, a Florida banking corporation, as
holder of that certain Mortgage, Security Agreement, Financing Statement and Assignment of
Rents(hereinafter referred to as the “Mortgage”) which is recordedin Official Records Book 9757,
Page 1364of the Public Records of Seminole County, Florida,hereby joins in and consents to the
foregoing Developmentand Property DivisionAgreement by and between the City of Winter
Springs, a Florida municipal corporation, andTuscawilla Property Investors, LLC, a Florida
limited liability company, and further acknowledges and agrees that its Mortgage shall be
subordinated to such Developmentand Property DivisionAgreement and the obligations contained
therein.
Dated this _______ day of ______, 2021.
Signed and sealed in the presence of:
ONE FLORIDA BANK,
a Florida banking corporation
By:
___________________________________
Print Name:
Name:
Title :
Print Name:
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me by means of (___) physical
presence or (___) online notarization, this ______ day of ___________, 2021, by __________,
the _____________ of ONE FLORIDA BANK,aFlorida corporation, on behalf of the
corporation, who is personally known to me or produced ___________________
_______________ as identification.
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(NOTARY SEAL)
(Notary Public Signature)
(Print Name)
Notary Public, State of
Commission No.:
My Commission Expires:
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