HomeMy WebLinkAboutTab 14 Copy Springs Land Investments, LTD., Jessup Shores Limited Partnership, & Centex Homes.pdfT
Prepared by and Return to:
Anthony A. Garganese, City Attorney
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Brown, Ward, Salzman & Weiss, P.A.
225 E. Robinson Street, Suite 660
P.O. Box 2873
Orlando, FL 32802-2873
Parcel 1.0. Nos. 26-20-30-5AR-0000-18C
26-20-30-5AR-OD00-0200
MARYAI+NVE MORSE, CLERK OF CIRCUIT COURT
SEMINOLE COUNTY
BK 04356 PG 1310
CLERK'S # 2002850603
RECORDED 03/22/2002 10111101 AM
RECORDING FEES 181.50
RECORDED BY L WoodIty
BINDING DEVELOPMENT AGREEM
THIS BINDING DEVELOPMENT AGREEMENT (herein referred to as the
"Development Agreement"), made and executed this fe
day of � j 10c k , 2002,
by and between the CITY OF WINTER SPRINGS, a Florida municipal corporation (herein
referred to as the "City"), whose address is 1126 East State Road 434, Winter Springs,
Florida, 32708, and SPRINGS LAND INVESTMENTS, LTD., a Florida limited partnership
(herein referred to as "Springs"), whose address is c/o Sunbelt Investors Group, 175
Lookout Place, Suite 201, Maitland, Florida, 32751, and JESSUP SHORES LIMITED
PARTNERSHIP, a Florida limited partnership (herein referred to as "Jessup"), whose
address is c/o Sunbelt Investors Group, 175 Lookout Place, Suite 201, Maitland, Florida,
32751, and CENTEX HOMES, a Nevada general partnership (herein referred to as
"Centex"), whose address is 385 Douglas Avenue, Suite 2000, Altamonte Springs,
Florida, 32714.
WITNESSETH:
WHEREAS, Springs and Jessup jointly own certain real property in the City of
Winter Springs, Florida, described in Exhibit "A" attached hereto and incorporated herein
CEPTIF0 COPY
by reference (herein referred to as the "Subject Property"); and
WHEREAS, the Subject Property is currently within an area designated as T-1
Neighborhood Commercial District" according to the zoning classification records of the
City; and
WHEREAS, Centex has entered into a contract to purchase a portion of the Subject
Property from Springs and Jessup for development as an attached multifamily townhome
residential community, described in Exhibit "L" attached hereto and incorporated herein
by reference (herein referred to as the "Residential Property"), subject to obtaining an
appropriate conditional use approval, variance or rezoning of the Residential Propertyfrom
the City; and
WHEREAS, the townhome units will be offered for sale to the public; and
WHEREAS, Springs and Jessup desire to retain the right to develop the portion of
the Subject Property not sold to Centex described in Exhibit "M" attached hereto and
incorporated herein by reference (herein referred to as the "Commercial Property") for
commercial purposes; and
WHEREAS, development of the Residential Property and Commercial Property will
require construction of a common entrance road for vehicular access to State Road 434
to be shared by the residents of the Residential Property and the occupants of the �°
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Commercial Property, and by the guests and invitees of such owners and occupants 0 Z
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described in Exhibit "N" attached hereto and incorporated herein by reference (herein w o
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referred to as the "Private Entry Street"), and a landscaped and improved area adjacent CD03
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to the Private Entry Street described in Exhibit "O" attached hereto and incorporated
herein by reference (herein referred to as the "Entry Feature Property"); and
WHEREAS, Springs and Jessup and Centex are willing to develop the Subject
Property under its current "C-1"zoning cla-Ssification in exchange for the covenants of the
City herein set forth; and
WHEREAS, the City Commission has recommended entering into a Binding
Development Agreement with Springs and Jessup and Centex for development of the
Subject Property; and
WHEREAS, in addition to Springs', Jessup's and Centex's compliance with all City
Codes, permitting, and construction not in conflict herein, the City, Springs, Jessup, and
Centrex desire to set forth the following special terms and conditions; and
WHEREAS, the City Commission of the City of Winter Springs finds that this
Agreement is consistent with the City's Comprehensive Plan and land development
regulations and is a legislative act of the City Commission of the City of Winter Springs;
and
WHEREAS, the City Commission further finds that this Agreement promotes the
public health, safety, and welfare and is consistent with, and an exercise of, the City's
powers under the Municipal Home Rule Powers Act, as provided in s. 2(b), Article Vill of °�
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the Florida Constitution and Chapter 166.021, Florida Statutes, and the City's police 0 c
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NOW THEREFORE, in consideration of the mutual covenants and mutual benefits a)
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herein contained, the parties agree as follows:
1. Recitals. The foregoing recitals are hereby incorporated herein by this
reference.
2. Authority. This Development Agreement is entered into pursuant to the
Florida Municipal Home Rule Powers Act, and the Code of Ordinances of the City of
Winter Springs.
3. Representations of Centex, Springs and Jessup. Centex, Springs and
Jessup hereby represent and warrant to City that Centex, Springs and Jessup have the
power and authority to bind the Subject Property and execute, deliver and perform the
terms and provisions of this Development Agreement, have an equitable or legal interest
in the title to the Subject Property, and have taken all necessary action to authorize the
execution, delivery and performance of this Development Agreement.
4. Town Center Zoning. Provided that the terms and conditions of this
Development Agreement are satisfied by Springs, Jessup and Centex, or their respective
successors in title, the City shall not rezone the Subject Property, or any part thereof, into
the Town Center Zoning District (herein referred to as "Town Center"), as long as this
Development Agreement shall remain in effect, unless the parties agree to initiate the
rezoning to Town Center. To the extent that the City Commission determines, at its oo
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reasonable discretion, there is a specific and direct conflict between the terms and o
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conditions of this Development Agreement and the provisions of the Code of Ordinances 0 rV Wo
of the City of Winter Springs, the parties agree that the provisions of this Development W m
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Agreement shall control as if approved by the City Commission as a legislative act. n o
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Moreover, the City acknowledges that the underlying land use designation for the Subject
Property is "Mixed Use", and the City agrees not to initiate, sponsor or support any attempt
to change the underlying land use designation as long as this Development Agreement
shall remain in effect, unless the parties agree to initiate the change of land use
designation.
5. Residential Property Conditions. The parties covenant and agree that the
Residential Property shall be developed in accordance with the plans and specifications
identified as Wagner's Curve Mixed Use Development,.dated 10/01, (herein referred to as
the "Townhome Plans") attached hereto as Exhibit "B" and incorporated herein by
reference, and the Residential Development Standards (herein referred to as
the"Townhome Standards") attached hereto as Exhibit "C" and incorporated herein by
reference. As used in this Development Agreement, and in the Townhome Plans and
Townhome Standards, the terms 'Townhome Unit' or'Unit' mean an individual townhouse
dwelling intended for occupancy by a single family and attached by a party wall to another
Townhome Unit, and the terms 'Townhome Building' or 'Building' mean a structure
consisting of two or more Townhome Units attached by party walls under a common roof.
The developer of the Residential Property shall have the right to amend the Townhome
Plans and/or Townhome Standards provided that any such amendment shall be first o -n
approved by the City. Minor changes that do not materially modify the location or footprint
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of any building may be deemed non -material by the City, and may be approved by City
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Manager. All material modifications of the Townhome Plans and/or Townhome Standards
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shall be subject to review and approval of the City Commission, and, at the option of the
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City, may be memorialized by an amendment to this Development Agreement.
6. Phased Townhome Construction. City and Centex agree that the
Townhome Buildings shall be constructed in the numerical sequence set forth in the
Townhome Plans attached hereto as Exhibit "B."
7. Commercial Property Conditions. The parties covenant and agree that the
Commercial Property shall be developed in accordance with Commercial Development
Standards (herein referred to as the "Commercial Standards") attached hereto as
Exhibit "D" and incorporated herein by reference. The developer of the Commercial
Property shall have the right to amend the Commercial Standards provided that any such
amendment shall be first approved by the City. Minor changes that do not materially modify
the location or footprint of any building may be deemed non -material by the City, and may
be approved by the City Manager. All material modifications of the Commercial Standards
shall be subject to review and approval of the City Commission, and, at the option of the
City, shall be memorialized by an amendment to this Development Agreement.
8. Private Entry Street. The parties covenant and agree that the Private Entry
Street shall be developed in accordance with the plans and specifications approved by the
City. Centex, Springs and Jessup agree that the Private Entry Street Plans shall be
submitted to the City for approval within ninety (90) days of the effective date of this z n
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Development Agreement. The Private Entry Street shall be designed as a traditional town o
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center street, shall include town center architectural features which are acceptable to the o 3
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City, and shall be designed substantially similar to that depicted on Exhibit "E." The W m
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Private Entry Street shall be platted along with either the Residential Property or the n o
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Commercial Property, whichever shall be platted first. Construction of the improvements
depicted on the Private Entry Street Plans shall have been completed prior to the issuance
of a Certificate of Occupancy for the model Townhome Units or for the first commercial
building constructed on the Commercial Property, whichever occurs first. Centex, Springs
and Jessup, or their successors in interest, jointly, shall have the right to amend the
Private Entry street Plans provided that any such amendment shall be first approved by
the City. Minor changes that do not materially modify the location or footprint of any
improvement may be deemed non -material by the City, -and may be approved by the City
Manager. All material modifications of the Private Entry Street Plans shall be subject to
review and approval of the City Commission, and, at the option of the City, shall be
memorialized by an amendment to this Development Agreement. The City acknowledges
that the Private Entry Street may have sections paved with stabilized brick pavers rather
than concrete or asphalt paving.
9. Entry Feature Property. The parties covenant and agree that the Entry
Feature Property shall be developed in accordance with the plans and specifications
approved by the City. Centex, Springs and Jessup agree that the Private Entry Plans
shall be submitted to the City for approval within ninety (90) days of the effective date of
this Development Agreement. The Private Entry Feature shall be designed with enhanced
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plantings and as a traditional town center architectural feature which shall create a long
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lasting statement to the public. The Private Entry Feature Property shall be designed
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substantially similar to that depicted on Exhibit "F." In addition, the Private Entry Plans
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shall include an ornamental picket fence or other ornamental hardscape feature along the
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entry drive from the gazebo to the gated entrance. Construction of the improvements
depicted on the Private Entry Plans shall have been completed prior to the issuance of a
Certificate of Occupancyforthe model Townhome Units orforthe first commercial building
constructed on the Commercial Property, -whichever occurs first. Centex, Springs and
Jessup, or their successors in interest, jointly, shall have the right to amend the Private
Entry Plans provided that any such amendment shall be first approved by the City. Minor
changes that do not materially modify the location or footprint of any improvement may be
deemed non -material by the City, and may be approved by the City Manager. All material
modifications of the Private Entry Plans shall be subject to review and approval of the City
Commission, and, at the option of the City, may be memorialized by an amendment to this
Development Agreement.
The Entry Feature Property shall be subject to the right reserved to the Residential
Property to erect and maintain a sign near the intersection of the Private Entry Street and
S. R. 434, visible from S.R. 434, bearing the name of the Townhome project. Any such
sign shall comply with Article VI, Section 20-470, S. R. 434 Corridor Vision Plan
Regulations of the Winter Springs Land Development Code, and may be a permanent
structure including monumentation, landscaping, irrigation and lighting, provided that said
sign shall be designed in such a manner as to be consistent with Town Center design o 'n
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standards set forth- in the Town Center District Code. Any such sign and associated o m
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improvements shall be maintained at the sole expense of the property owners association o 3
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of the Residential Property. Ln m 170
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10. Traffic Signal. The parties acknowledge that a traffic signal is being 10 0
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designed and permitted at the intersection of the Private Entry Street and S.R. 434 by
Seminole County with the input and assistance of the City, and the Seminole County
School Board. The traffic lights shall be installed at no expense to Centex or Springs and
Jessup.
11. Compliance with City Tree Ordinance. Development of the Subject
Property shall be subject to compliance with the City's Arbor Ordinance as set forth in the
City Code, as amended, and subject to the Tree Replacement Guidelines set forth in this
section.
11.1 Tree Replacement Guidelines.
a. The following words shall have the meaning ascribed below unless the
context clearly indicates otherwise:
(1) Arbor Ordinance. City Arbor Ordinance shall mean Chapter 5 of the
City Code of Ordinances otherwise known as the City Arbor
Ordinance.
(2) Preferred Plant List. Preferred Plant List shall mean that list of plant
materials and corresponding Tree Replacement Credits shown in
Exhibit "K" of this agreement. In addition, the DD Blanchard
Magnolia, Magnolia Grandiflua, at the 65 gallon size will be
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considered a preferred plant at a replacement credit ratio of 5:1. o m
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(3) Tree Replacement Assessment. Tree Replacement Assessment shall 0 3
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mean the total amount of monetary compensation owed to the City of m ro
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Winter Springs as provided in the Arbor Ordinance for the a0,
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replacement of trees cut, destroyed, or removed from a property in
the City as a result of development or redevelopment.
(4) Tree Replacement Credit. Tree Replacement Credit shall be equal
to one -hundred ($100:00) dollars and no cents in tree replacement
value.
In consideration of trees which shall be cut, removed or destroyed from the
Residential Property and Commercial Property by Springs, Jessup, and
Centex or their agents, Springs, Jessup„and Centex, jointly, shall replace
trees or monetarily compensate the City as provided in the Arbor Ordinance
according to the Tree Replacement Assessment established by the City.
Springs, Jessup, and Centex may deduct from their Tree Replacement
Assessment, Tree Replacement Credits based on the number of
replacement credits as provided in the Preferred Plant Material List provided
that:
(1) All plant materials are Florida Grades and Standard One (1) or better;
(2) All plant materials are properly installed; and
(3) The landscape plan for the proposed development to which the
credits are to be applied is prepared by a landscape architect a In
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licensed by the State of Florida. W m
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In addition, the following requirements shall apply: a z
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(1). For every tree removed (greater than 14 inch caliper), one m 0
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replacement tree shall be planted. The replacement tree shall be a 10 cm
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minimum of 21/ inch caliper container grown (30 gallons).
(2) With respect to the dense pine trees which were apparently planted
for silviculture purposes in the middle of the Residential Property,
these pine trees shall -be removed and replaced in accordance with
the natural growth patterns located elsewhere on the Residential
Property. In other words,, the number of replacement trees shall be
determined using the average density (i.e., number) of trees per acre
located on the Residential Property, excluding the area where the
dense pine trees are located in the middle of the Residential
Property.
(3) The size and species of the existing trees that are removed shall not
be considered in determining the required replacement trees unless
a particular existing tree is exempt from this requirement pursuant to
the City's Arbor Ordinance (e.g., specimen tree).
12. Fencing. Fencing along S.R. 434 and the western boundary of the
Residential Property shall be see -through decorative aluminum material with brick
columns and certified to meet all code requirements. The distance between brick columns
shall be reasonably acceptable to the City. Said fencing along the western boundary shall
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extend at least to the south end of Townhome Building #13 from S.R. 434 or until it is no
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longer visible from S. R. 434, from the east and west motor vehicle approaches, but in no
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case beyond the south end of Townhome Building #14. The fencing and the landscaping
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related to the fencing, along with the streetscaping along S.R. 434, shall be constructed
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in conjunction with the Private Entry Street and Entry Feature. The City reserves the right
to withhold the issuance of any Certificate of Occupancy upon the City's determination
that the aforesaid is not being timely constructed as required hereunder.
13. Other Applicable Conditions. The elements of the improvements depicted
in the Townhome Plans and the Commercial Standards will govern exterior appearance
and placement, including without limitation; architectural elements, common area
improvements, parking areas, private streets, Private Entry Street, Private Entry Feature,
and setback lines. The parties acknowledge that in addition to complying with the
approved Townhome Plans and/or Commercial Standards, as the case may be, regarding
exterior appearance and placement, all structures and improvements constructed or
installed on the Subject Property shall be subject to compliance with applicable building
codes, and nothing in this Development Agreement or in the Townhome Plans or
Commercial Standards shall be deemed to alter any applicable building code.
14. Private Streets within Residential Pro e • Gates. As depicted in the
Townhome Plans, the City agrees that the streets and driveways within the Residential
Property will be privately owned and maintained by the property owners association
created for the Residential Property, and that access will be controlled by electrically
operated gates. The gates shall be located as depicted in the Townhome Plans, and the C In
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private streets shall connect to the Private Entry Street at the boundary between the 0
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Residential Property and the Private Entry Street. The portion of the private streets 0 ro
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between the gates and the Private Entry Street shall be maintained exclusively by the CD m
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property owners association for the Residential Property, and the City shall have no n a
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obligation to provide maintenance for any portion of such private streets. The electric
gates shall be fitted with devices allowing immediate entry and exit of emergency, fire
and/or police vehicles and personnel, as well as U. S. Postal Service personnel and
vehicles, and City service personnel and vehicles. The engineer of record shall provide
a signed and sealed estimate of the cost of annual maintenance as well as the cost to
resurface the road, the property owners association, or their successors in interest, shall
cause a Florida licensed Certified Public Accountant to annually certify to the City that
adequate funds are being collected from the owners Jo meet the future value of those
engineer's estimates.
15. Aggregated Development. For development purposes, the Residential
Property and Commercial Property shall be aggregated as one single development under
the terms and conditions of this Development Agreement and the City Code. However, it
is understood by all parties that the Commercial Property and Residential Property may
be developed by separate entities. If said properties are developed by separate entities,
a default under this Agreement by one entity shall not constitute a default by the other
entity, unless the default involves a joint obligation of the entities under the terms and
conditions of this Agreement. In which case, a default by one entity shall constitute a
default by the other entity. c 'n
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16. Piattin • Developer's Limited Right to Terminate. Upon the effective date o
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of this Development Agreement, Springs, Jessup, and Centex shall promptly submit and 0 ru wo
prosecute with the City an application for development approval consistent with the terms m m
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and conditions of this Agreement. The application shall be prosecuted in good faith and n o
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shall be subject to the City Commission's approval. Springs, Jessup, and Centex, jointly,
shall have the right to terminate this Agreement until such time final engineering and
construction plans are approved by the City Commission, at which time Springs' Jessup's,
and Centex's right to terminate. this Agreement shall expire.
17. Government Services. The City shall provide police, fire, emergency and
garbage collection services to the residents of the Residential Property, and, provided that
the Residential Property is developed in accordance with this Development Agreement,
garbage collection shall be provided on a unit -by -unit basis comparable to such services
provided by the City to residents of single-family detached homes. The City's personnel,
contractors, vendors and suppliers shall have unrestricted access to the Residential
Property for the performance of their duties, and the Residential Property shall be subject
to an easement for access over and upon the private streets and common areas of the
Residential Property for the benefit of police, fire, emergency and utility personnel, as well
as the United States Postal Service and commercial delivery services.
18. Successors and Assigns. This Development Agreement shall automatically
be binding upon and shall inure to the benefit of the successors and assigns of each of the
parties.
19. Applicable Law. This Development Agreement shall be governed by and
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construed in accordance with the laws of the State of Florida. m m
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20. Homeowner's Association Documents; Third Party Beneficiary. Centex, o 3
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Springs, and Jessup agree that the Residential Property shall be managed by a m ru
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homeowner's association. Centex, Springs, and Jessup agree that the homeowner's 0
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association documents shall be submitted to the City for review and approval prior to M w
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recording. The documents shall provide that the City shall be designated as a third -party
beneficiary to be in privity with Centex, Springs, and Jessup and the property owners'
association for the purpose of enforcing the rights and obligations hereunder. Such
designation shall be to the satisfaction of each party and shall be completed prior to the
issuance of a Certificate of Occupancy. In the event the Commercial Property is subject
to a homeowner's or condominium association, the third party beneficiary provisions of this
paragraph shall also apply.
21. Amendments. This Development Agreement shall not be modified or amended
except by written agreement executed by all parties hereto and approved by the City
Commission of the City of Winter Springs.
22. Entire Agreement. This Development Agreement supersedes any other
agreement, written or oral, and contains the entire agreement between the parties as to
the subject matter hereof.
23. Severability. If any provision of this Development 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
Development Agreement.
24. Effective Date. This Development Agreement shall become effective upon -n
approval by the City of Winter Springs City Commission and execution of this Development o m
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Agreement by.all parties. a 3
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25. Recordation. Upon approval by the City of Winter Springs City Commission ro 0
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and execution of this Development Agreement by all parties, this Development Agreement 10 m
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and any amendments hereto shall be recorded by the City in the public records of m
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Seminole County, Florida, and shall run with the land. A Notice of Termination shall be
recorded in the public records of Seminole County if this Agreement is terminated by
Springs, Jessup, and Centex pursuant to paragraph 16 herein.
26. Relationship of the Parties. The relationship of the parties to this
Development Agreement is contractual and arm's length. Springs, Jessup and Centex are
independent contractors and are not the agents of the City for any purpose. Nothing
herein shall be deemed to create a partnership, or joint venture, or principal -agent
relationship among the parties, and no party is authorized to, nor shall any party act
toward third persons or the public in any manner which would indicate any such
relationship with any other party.
27. Sovereign immunity. Nothing contained in this Development 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 state
or federal law.
28. City's Police Power. Centex, Springs and Jessup acknowledge and agree
that the City hereby reserves all police powers granted to the City by law. In no way shall
this Development Agreement be construed as the City bargaining away or surrendering
its police powers. O _n
29. Interpretation. The parties to this Development Agreement acknowledge o m
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and agree that all parties have participated equally in the drafting of this Development o 3
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Agreement, and no party shall be favored or disfavored regarding interpretation of this m 0
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Development Agreement in the event of a dispute between the parties. 0
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30. Permits. The failure of this Development Agreement to address any m w
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particular City, county, state and federal permit, condition, term or restriction shall not
relieve Centex, Springs and Jessup or the City of the necessity of complying with the law
governing said permitting requirements, conditions, term or restriction.
31. Third Party Rights. This Development Agreement is not a third party
beneficiary contract, and shall not in any way whatsoever create any rights on behalf of
any third party.
32. Specific Performance. Strict compliance shall be required with each and
every provision of this Development Agreement. The parties agree that failure to perform
the obligations established in this Development Agreement shall result in irreparable
damage, and that specific performance of these obligations may be obtained by suit in
equity.
33. Attorneys' Fees. In connection with any arbitration or litigation arising out
of this Development Agreement, the prevailing party shall be entitled to recover
reasonable attorney's fees and costs through all appeals to the extent permitted by law.
34. Future Rezonin s/Develo meet Permits. Nothing in this Development
Agreement shall limit the City's authority to grant or deny any future rezoning or
development permit applications or requests, or the right of Centex or Springs and Jessup
to apply for or oppose any future rezoning or development permit application subsequent o m
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to the Effective Date of this Development Agreement. In addition, nothing herein shall be o m
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construed as granting or creating a vested property right or interest in Centex, Springs, v 3
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and Jessup or on the Subject Property. m ro
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35. Force Majeure. The parties agree that in the event that the failure by either (n
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party to accomplish any action required hereunder within a specified time period ("Time m
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Period") constitutes a default under the terms of this Agreement and, if any such failure is
due to any unforeseeable or unpredictable event or condition beyond the control of such
party, including, but not limited to, acts of God, acts of government authority (other than
the City's own acts), acts of public enemy or war, riots, civil disturbances, power failure,
shortages of labor or materials, injunction or other court proceedings beyond the control
of such party, or severe adverse weather conditions ("Uncontrollable Event"), then
notwithstanding any provision of this Agreement to the contrary, that failure shall not
constitute a default under this Agreement and any Time Period proscribed hereunder shall
be extended by the amount of time that such party was unable to perform solely due to the
Uncontrollable Event.
36. City's Right to Terminate Agreement. Failure by Springs, Jessup, and/or
Centex to perform each and every one of its obligations hereunder shall constitute a
default, entitling the City to pursue whatever remedies are available to it under Florida law
or equity including, without limitaion, an action for specific performance and/or injunctive
relief or alternatively, the termination of this Agreement. Prior to the City filing any action
or terminating this Agreement as a result of a default under this Agreement, the City 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 o ,n
the default to the reasonable satisfaction of the City prior to filing said action or terminating o m
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this Agreement. If thirty (30) days is not a reasonable period in which to cure the default, c 3
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the cure period shall be extended to a reasonable cure period mutually acceptable to the m 0
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City and the defaulting party, but in no case shall that cure period exceed one -hundred 13 0
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twenty (120) days. Upon termination of the Agreement, the defaulting party shall mru
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immediately lose all rights and privileges granted hereunder.
IN WITNESS WHEREOF, the parties have executed this Development Agreement
as of the date first written above.
CITY PF-VVfNTER SPRINGS, a Florida
Munic al Cor_ at
In
PAU L P. PARTYKA
Mayor
WITNESSES:
as
ATTEST:
ANDREA
City cjefl
UCACES
SPRINGS LAND INVESTMENTS, LTD.,
a Florida limited partnership
By: Euro American Investors Group
a Florida general partnership
By: Sunbelt Investors Group, Inc.
a Florida corporation
General Partner
By:
A. r am, President
Date: 1D2
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this ID day,� as y of ,rLaf , °�
2002, by A G. 1_e_ sres�g„�+,c _ �: ne Of SPRINGS LANE) ccM
INVESTMENTS, LTD., a Florida limited partnership, who is personally known to me, 0 c
or [ ] who has produced as identification. 3
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PETER LEERDAM NOTARY PUBLIC, State of Florida m
Notary Public, State of Florida LA
My commission expires: 03Io11 o5 Q
My comm. exp. Mar. 1, 2005 D o
(SEAL) Comm. No. DD 005830 m W
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WITNESSES:
JESSUP SHORES LIMITED PARTNERSHIP
a Florida limited partnership
By: Euro American Investors Group
a Florida general partnership
By: Sunbelt Investors Group, Inc.
a Florida corporation
General Partner
By:
A. eerdam, President
Date: 07 _/20102
STATE OF FLORIDA
COUNTY OF DCnj�Qlp,
The fore ,.going instrument was acknowledged before me this 2 0 day of ehNw ,
2002, by A.Le a , as 4ee ,,,c of JESSUP SHORES LIMITED
PARTNERSHIP a Florida limited partnership, N who is personally known to me, or [ ]
who has produced
PETER LEERDAM
Notary Public, State of Florida
(SEAL) My comm. exp. Mar. 1, 2005
Comm. No. DD W5830
20
__ aj identification.
NOTARY PUBLIC, State of Florida
My commission expires: 03/01 05
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WITNESSES: CENTEX HOMES, a Nevada general
partnership,
by: CENTEX REAL ESTATE CORPORATION,
a Nevada corporation, Managing General
Partner
Date-.
STATE OF FLO IDA
COUNTY OF �Q
Patrick J. Knight
Division President
UIOPi
The foregoing instrument was acknowledged before me this (_9�—'^day of�
2002, by tJ,�c_ —,as 'b-9 of CENTEX HOMES, a Nevada
general partnership, who is personally known to me, or [ ] who has produced
as identification.
My
(SEAL)
21
1
N ARY PUBLIC, State of Flori
My commission expires:
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Development Agreement
List of Exhibits
Exhibit A — Legal description
Exhibit B — Townhome plans
Exhibit C — Townhome Residential Standards
Exhibit D — Commercial Standards
Exhibit E — Private Entry Street Plans
Exhibit F — Entry Feature Plans '
Exhibit G — Typical building separation detail
Exhibit H — Typical 434 Frontage Detail
Exhibit I — Typical 434 building elevation
Exhibit J — Typical fence elevations
Exhibit K— Preferred plant list
Exhibit L — Legal description residential property
Exhibit M — Legal Description commercial Property
Exhibit N- Legal description public entry street
Exhibit O — Legal description entry feature property
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Exhibit A
Legal Description
Lots 18, 19, and the east 219 feet of lot 20, south of the new S. R. 434, block D,
Dr. Mitchell's survey of the levy grant, plat book 1 page 5
And also
Lot 20, south of the new S. R.434 ( less the east 219 feet) block D, Dr. Mitchell's
survey of the levy grant, plat book 1, page 5.
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FILE NUM 2002850603
OR BOOK 04358 RAGE 1335
Exhibit C
Residential Development Standards
Total land area: 14.2 acres
Land use: Townhouse
Total units 160
Maximum density: 12 units/acre
Property Boundary building setbacks:
S. R. 434:
Principle building -34'
Covered open porch- 26'
East Property line;
Principle building -10'
Covered open porch —10'
West Property line:
Principle building -10'
Covered open porch —10'
South Pro a line:
Principle building -20'
Covered open porch —12'
Minimum Lot size: 1,800 s.f. (20' x 90')
Minimum Lot frontage: 20'
Minimum building setbacks on lots:
Front: 20'
Side: 0'
Rear: 20'
Minimum living area: 1,000 s.f.
Minimum Building separation requirements
Side to side: 20'
Rear to rear: 40'
Porch to porch: 24'
Parking: 2 spaces per unit. (driveway will be considered as one space.)
Minimum setback from parking areas: 5'
Minimum setback from private roadways: 10'
Landscape buffers
SR. 434.Buffer along S.R. 434 will be per exhibit H.
West Boundary; no buffer required
South Boundary — no buffer required.
East boundary — no buffer required. Buffer provided by commercial
property
434 Architectural elevations will be per exhibit I
• Note; setbacks will be measured from the face of the building not the fascia of
the roof overhang.
Exhibit D
Commercial Development Standards
Total land area: 1.6 acres
Land use: All uses permitted in the C-1 zoning district & Professional Office
Town Center District Design Standae'dS: Town Center District Code including,
but not limited to:
1. All buildings shall be constructed to the "build -to -line", as defined in the Town
Center District Code.
2. All buildings shall be ai least two stories in height
3. The architecture of all buildings and structures shall be generally in keeping
with neo-traditional architectural and other design standards reflected in the
Town Center District Code.
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Exhibit E
Typical Road Section
24' Private_
Drive
12' 1 2'
6X12
Ribbon Curb
Shared Entry Road Section
Access Easement
24'-0" 1 "-0"
exit lanes median entry —f
lane 5 sidewalk
2' Miami Cur mountable curb
2' Miami Curb
daly design group inc.
Land Rannyg. Landscape.Vchtectwe. Prged Manegemer/, Oev-kpment Cmsubg
861 W. Morse 9vd.. Byte 125 V,4ntw Perk Ronda 37789 (407) 740.7373
Plans
Wagner's Curve Townhouse Project
Nina 1;pnrgs. Ronda
Decorative brick pavers
Low shrubs
flowering ground c
Gazebo
-- Low brick 'gnl
lanter wal \
L shrubs and flowering
rou cover in front of
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Plan View
— Flowering shrubs
and accent plants
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daly design group inc.
En Feature Plans
may. za �![1I To SCaI
Land Rannng, Landscape Archfe0we, PYojeY Management, Oevebpment Cwsuing Wagner's Curve Townhouse Project
961 W. Marx 3vd., Sute 125. Wntet Psm Rmde 32769 (4071 740-737]
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Exhibit J
-- Ball cap on 2" post 8' o.c. Brick Column not
Press point finial less than 50' o.c.
— 3 Rail Aluminum Fence
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PVC 3 rail fencing
West & South property fence
7 ical Fence Elevations daly design group inc.
w4 . uo< <o scafa
Land Aartnvq, Zanc.�aaa .a.enrecrwr, PrgeCf Rranagamgnf, Gb'Wvw".n Cansu6rg �rE
861 W- Mw" a-d.. �.,4e rIZ9. 'Mnler P N, 1-10nda Weg (40-n 7AO n75 Wagner's Curve Townhouse Project 10l01
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Exhibit L
Residential Property Legal Description
A Portion of Lots 19 & 20 Block D, Mitchell's Survey of The Levy Grant,
According to the plat thereof, As recorded in Plat book 1 page 5 of the Public
records of Seminole County, Florida.
Being more particularly described as follows:
Begin at the southern comer of said lot 20 block D, thence N 83008'18" E Along
the southerly line of said block D, a distance of 954.17 feet; thence departing
said southerly line N 06051'42" W a distance of t25.00 feet; thence N 51 °51'42"
W a distance of 80.00 feet'; thence 06°51',42" W a distance of 50.00 feet; thence
N 25024'17" E a distance of 175.49 feet to the southerly right of way line of state
road no. 434 per F.D.O.T. right of way map section 77070-2516 dated 12/10/98
and to an arc of a circular curve concaved southerly having a radius of 2685.00
feet and a chord bearing of N 74"54'50" w thence through a central angle of
2204619", westerly along the arc of said curve a distance of 1066.36 feet to the
westerly line of aforesaid lot 20 block D; thence S 06°13'08" E a distance of
775.96 feet to the point of beginning.
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EXHIBIT M
Legal description commercial property
DESCRIPTION: (PARCEL 2)
A PORTION OF LOT 18 BLOCK D, MITCHELL'S SURVEY OF THE LEVY
GRANT, ACCORDING TO THE PLAT"THEREOF, AS RECORDED IN PLAT
BOOK 1, PAGE 5 OF THE PUBLIC RECORDS OF SEMINOLE COUNTY,
FLORIDA.
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCT AT THE SOUTHWEST CORNER OF SAID LOT 20 BLOCK D,
THENCE N 83008'18" E ALONG THE SOUTHERLY LINE OF SAID BLOCK D, A
DISTANCE OF 954.17 FEET TO THE POINT OF BEGINNING; THENCE
N06051'42" W A DISTANCE 125.00 FEET; THENCE N 51 °51'42" W A
DISTANCE OF 80.00 FEET; THENCE N 06"51'42: W A DISTANCE OF 50.00
FEET; THENCE N 25024'17" E A DISTANCE OF 175.49 FEET TO THE -
SOUTHERLY RIGHT OF WAY LINE OF STATE ROAD NO. 434 PER F.D.O.T.
RIGHT OF WAY MAP SECTION 77070-2516 DATED 12/10/98 AND TO AN
ARC OF A CIRCULAR CURVE CONCAVED SOUTHERLY HAVING A RADIUS
OF 2685.00 FEET AND A CHORD BEARING OF S 57010'29" E; THENCE
THROUGH A CENTRAL ANGLE OF 12043'23" EASTERLY ALONG THE ARC
OF SAID CURVE A DISTANCE OF 596.22 FEET; THENCE S 83108'18 W A
DISTANCE OF 495.00 FEET TO THE POINT OF BEGINNING.
LESS:
LEGAL DESCRIPTION (ACCESS PARCEL)
A PORTION OF LOT 18 AND 19, BLOCK D, MITCHELL'S SURVEY OF THE
LEVY GRANT, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN
PLAT BOOK 1, PAGE 5, OF T+iE PUBLIC RECORDS OF SEMINOLE COUNTY, 0
FLORIDA. m m
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BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS X C
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COMMENCE AT THE SOUTHWEST CORNER OF SAID LOT 19, THENCE N w ru
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83008'18" E ALONG THE SOUTHERLY LINE OF SAID LOT 19 FOR A
03 DISTANCE OF 954.17 FEET TO THE POINT OF BEGINNING; THENCE THE a)
FOLLOWING COURSES AND DISTANCES; N 06151'42" W FOR A DISTANCE
OF 125.00 FEET; THENCE S 51 °51'42 E FOR A DISTANCE OF 91.92 FEET; D 0
THENCE N 83008'18" E FOR A DISTANCE OF 140.71 FEET; THENCE N m
33004'40" E FOR A DISTANCE OF 154.84 FEET TO THE SOUTH RIGHT OF w
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WAY LINE OF STATE ROAD NO. 434 PER F.D.O.T. RIGHT OF WAY MAP
SECTION NO. 77070 2516, DATED 12/10/98 AND TO AN ARC OF A
CIRCULAR CURVE CONCAVED SOUTHERLY HAVING A RADIUS OF 2685.00
FEET AND A CHORD BEARING OF S 53035'48" E; THENCE THROUGH A
CENTRAL ANGLE OF 05034'00" SOUTHEASTERLY ALONG THE ARC OF
SAID CURVE A DISTANCE OF 260.87 FEET TO THE SOUTHERLY LINE OF
SAID LOT 18, THENCE S 83008'18? W FOR A DISTANCE OF 495.00 FEET TO
THE POINT OF BEGINNING.
CONTAINING 1.60 ACRES +/-
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Exhibit M
NOT PLATTED
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POINT OF COMMENCEMENT
t�caor rull w 11 LOT 26
1
LOT 27
I
LEGAL DESCRIPTION (ACCESS PARCEL-13.
A PORTION OF LOT 18 AND 79, BLOCK D, MITCHELL'S SURVEY OF THE LEW GRANT. ACCORDING TO THE PLAT THEREOF,
AS RECORDED IN PLAT SOCK 1, PACE 5, OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORTDA.
BEING MORE PARTICULARy DESCRIBED AS FOLLOWS;
COMMENCE AT THE SOUTHWEST CORNER OF LOT 20. BLOCK O, THENCE N93T,8'19'E ALONG THE SOUTHERLY LINE OF SAID LOT 19 AND 20 A DISTANCE OF 954.17 FEET; THENCE LEAVING SAID SOUTH LINE RUN N06-51'42"W A OLSTANCE OF 16.00
FEET TO THE PRINT OF BE67NNING; THENCE CONTINUE H06-51'42"W A DISTANCE OF T25.00 FEET; THENCE RUN THE
FOLLOWNC COURSES AND DISTANCES S31-51'42"E A DISTANCE OF 91.92 Fc'ET; THENCE RUN N& [i 18'E A DISTANCE OF
140.71 FEET; THENCE N 33'04'40' E A DISTANCE OF 154.84 FEET TL7 THE SOUTH RIGHT-OF-WAY t1NE OF 5 ATE ROAD
NO. 434 PER F.D.O.T. RIGHT-OF-WAY MAP SECTION NO. 77070-2518. DATED DECE)ASE.R 1O. 1998. SAID POINT ALSO
BEING AN ARC OF A CRCULA -R CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 29&5.D0 FEET AND A CHORD
BEARING OF S55-29'27'E; THENCE THROUGH A CENTRAL ANGLE OF 01'32'43" RUN SOUTHEASTERLY ALONG THE ARC OF
SAID CURVE A DISTANCE OF iS&04 FEET TO A POINT ON THE SAJD SOUTH RIGHT OF WAY LINE. THENCE LEAVING SAID SOUTH LINE RUN S517-8'25" W A DISTANCE OF 22.57 FEET; THENCE S33-21, -W A DISTANCE OF 75.16 FAT Tfl THE POINT
OF CURVATURE OF A CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 100.00 FEET AND A CHORD BEARING OF
S5875'04"W THENCE THROUGH A CENTRAL ANCLE OF 4IY4B'2jg" RUN 9OU7AEASTERLY ALONG THE ARC OF SAID CARVE A
DISTANCE OF $8.37 FEET; TO THE PCI14T OF T,ANGENcy THENCE S.3MWliY'* A OrSTANCE: OF 22E_
OF BE93 FEET; TO THE POINT
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H EXHIBIT O
Legal description entry feature property
LEGAL DESCRIPTION (ACCESS PARCEL):
A PORTION OF LOT 18 AND 19, BLOCK D, MITCHELL'S SURVEY OF THE
LEVY GRANT, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN
PLAT BOOK 1, PAGE 5, OF THE PUBLIC RECORDS OF SEMINOLE COUNTY,
FLORIDA.
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF SAID LOT 19, THENCE N
83008'18" E ALONG THE SOUTHERLY LINE OF SAID LOT 19 FOR A
DISTANCE OF 954.17 FEET TO THE POINT OF BEGINNING; THENCE THE
FOLLOWING COURSES AND DISTANCES N 06051'42n WEST FOR A
DISTANCE OF 125.00 FEET; THENCE S 51051'42" E FOR A DISTANCE OF
91.92 FEET; THENCE N 83008'18" E FOR A DISTANCE 140.71 FEET;
THENCE N 06051'42" W FOR A DISTANCE OF 45.60 FEET; THENCE N
33004'40n E FOR A DISTANCE OF 120.00 FEET TO THE SOUTH RIGHT-OF-
WAY LINE OF STATE ROAD NO. 434 PER F.D.O.T RIGHT-OF-WAY MAP
SECTION NO. 77070-2516, DATED 12/10/98 AND TO AN ARC OF A
CIRCULAR CURVE CONCAVED SOUTHERLY HAVING A RADIUS OF 2685.00
FEET AND A CHORD BEARING OF S 53054'32" E, THENCE THROUGH A
CENTRAL ANGLE OF 06011'29' EASTERLY ALONG THE ARC OD SAID
CURVE A DISTANCE OF 290.14 FEET TO THE SOUTHERLY LINE OF SAID
LOT 18; THENCE S 83008'18n W FOR A DISTANCE OF 495.00 FEET TO THE
POINT OF BEGINNING.
CONTAINING 1.09 ACRES +/-
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Prepared by and Return to:
Anthony A. Garganese, City Attorney
Brown, Ward, Salzman & Weiss, P.A.
225 E. Robinson Street, Suite 660
P.O. Box 2873
Orlando, FL 32802-2873
Parcel I.D. Nos. 26-20-30-5AR-OD00-18C
26-20-30-5AR-OD00-0200
MA NE MORSE, CLEW OF CIRCUIT COURT
Ml;+a)r_E COUNTY
BK 04625 PG 11L716
CLERK'S # 2002989216
RECORDED 12/10/2N2 11:09:555 AN
RECORDING FEES 24.00
RECORDED BY M Noider:
FILE COPY
FIRST MODIFICATION
BINDING DEVELOPMENT AGREEMENT
THIS FIRST MODIFICATION OF THE BINDING DEVELOPMENT AGREEMENT
(herein referred to as the "First Modification"), made and executed this day of
2002, by and between the CITY OF WINTER SPRINGS, a Florida municipal
corporation (herein referred to as the "City"), whose address is 1126 East State Road
434, Winter Springs, Florida, 32708, and SPRINGS LAND INVESTMENTS, LTD., a
Florida limited partnership (herein referred to as "Springs"), whose address is c/o Sunbelt
1
Investors Group, 175 Lookout Place, Suite 201, Maitland, Florida, 32751, and JESSUP
SHORES LIMITED PARTNERSHIP, a Florida limited partnership (herein referred to as
"Jessup"), whose address is c/o Sunbelt Investors Group, 175 Lookout Place, Suite 201,
Maitland, Florida, 32751, and CENTEX HOMES, a Nevada general partnership (herein
referred to as "Centex"), whose address is 385 Douglas Avenue, Suite 2000, Altamonte
Springs, Florida, 32714.
1
Of )OOK 04625 PAGE 1107
WITNESSETH:
WHEREAS, City, Springs and Jessup previously entered into a Binding
Development Agreement recorded in Official Record Book 04358, Page 1310 of the public
records of Seminole County, and
WHEREAS, Section 11.1 of the Binding Development Agreement contained a
scrivener's error; and
WHEREAS, the parties desire to correct that scrivener's error by executing and
recording this First Modification.
NOW, THEREFORE, in consideration of the mutual covenants and mutual benefits
herein contained, the parties agree as follows (Strtkeotit type are deletions and underlined
type are additions):
1. Section 11.1 d(1) is hereby corrected to read as follows-
(1) For every tree removed (greater than +4 4 inch caliper), one
replacement tree shall be planted. The replacement tree shall be a
minimum of 2 1/2 inch caliper container grown (30 gallons).
2. All terms and conditions of the Binding Development Agreement not
corrected by this First Modification shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have executed this First Modification as of the
date first written above.
2
01 .00K 04625 J V PAGE 1 108
CITY OF WINTER SPRINGS, a Florida
Municipal Corporation,
BY:
RONkALD 9P1. Q`.rc EMORE
Pity Manager
WITNESSES:
,L)
f lL i'L i:{ L_ry _ l . •z ! �.i
v
STATE OF FLORIDA
COUNTY OF Orcmeje-
ATTEST:
ANDREA LORENZO-if S � ALI
City Clerk
SPRINGS LAND INVESTMENTS, LTD.,
a Florida limited partnership
By: Euro American Investors Group
a Florida general partnership
By: Sunbelt Investors Group, Inc.
a Florida corporation
General Yjartner
By:
A eefdo , resident
Date: 01110
The fore Ding instrument was acknowledged before me this 0`� day of
2002, by - �.CC'�' 01Ai as of SPRINGS tAND
INVESTMENTS, LTD., a Florida limited partnership, who is personall kn n_LQ.me,
or [ ] who has produced �:� - as identification.
PETER LEERDAM
1,1otary Public, State of Florida
qy comm. enp. Mar. 1, 2005
Comm. HIS. on 005830
3
NOTARY PUBLIC"State of Florida
My commission expires:
(SEAL)
WITNESSES: JESSUP SHORES LIMITED PARTNERSHIP
a Florida limited partnership
By: Euro American Investors Group
a Florida general partnership
By: Sunbelt Investors Group, Inc.
a Florida corporation
General P rtner
By:
resident
Date:
STATE OF FLORIDA
COUNTY OF b
The foregoing instrument was acknowledged before me this Of day of
2002, by ti -cc rj�a as jPA of JESSUP SHORES LIMITED
PARTNERSHIP a Florida limited partnership, ]r] why-eraQaallykaown to me, or [ ]
who has produced as, identification.
(SEAL)
rd
NOTARY PUBLIC, Sfaft of Florida
My commission expires:
PETER LEERDAM
Notary Public, State of Florida
My comm. exp. Mar. 1, 2005
Comm, No. DD 005830
Duerr w4bi_:� PAGE 1110
WITNESSES:
STATE OF FLORIDA
COUNTY OF
CENTEX HOMES, a Nevada general
partnership,
by: CENTEX REAL ESTATE CORPORATION,
a Nevada corporation, Managing General
Partner
By _
Patrick J. Knight
Division President
Date:
The foregoing instrument was acknowledged before rpie-this �{ iL�-4day of
2002, by T V rk , as b A`dCENTEX HOMES, a Nevada
general partnership, j -rnrho is personally known to me, or [ ] who has produced
- \ as identification -
NOTARY PUb LIC, State of Florida
My commission expires:
(SEAL)