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Prepared by and return to:
Jeffrey P. Buak, Esquire
Brown, Salzman, Weiss & Garganese, P.A.
P.O. Box 2873
Orlando, FL 32802-2873
Parcel ID No. 26-20-30-5AR-OD00-0560
MARYANNE MORSE, CLERK OF CIRCUIT COURT
SEMINOLE COUNTY
HK 04807 PG 1187
CLERK'S # 2003075017
RECORDED 05/06/E003 11:17:58 AM
RECORDING FEES 33.00
RECORDED BY G HarfaTd
S.R. 434 LANDSCAPE BEA UIFICATION EASEMENT
THIS EASEMENT, made this day of 2003 by
MEADOWBROOK WINTER SPRINGS, L.L.C., whose mailing address is 8390 Championsgate
Blvd, Suite 200, Championsgate, FL 33896 (hereinafter called "Grantor") in favor of the CITY
OF WINTER SPRINGS, FLORIDA, a Florida Municipal Corporation, whose mailing address is
1126 East State Road 434, Winter Springs, F132708 (hereinafter called "Grantee").
WITNESSETH
WHEREAS, Grantor is the sole owner of certain rl
Winter Springs along S.R. 434; and
WHEREAS, Grantee is planning to construct and
project along SR 434 within the City of Winter Springs; an(
i
WHEREAS, Grantor desires to convey a perpetual
Portion of its real property, as legally described herein, fQ
construct, operate and maintain landscaping and irrigation
appurtenances and accessories thereto along.S,R. 434; and
WHEREAS, Grantor, as fee simple owner of the easeri
Grantee in obtaining any local, state, or federal permits require
and any other incidental. appurtenances and accessories thereto;
MAY 14 2003
BROWN, SA4IMAN, WEISS & GARGANES
NOW, THEREFORE, in consideration of the enumerated purposes stated herein, and
mutual covenants, terms and conditions and restrictions contained herein, together with other
good and valuable consideration, the receipt and sufficiency of which is acknowledged, Grantor
provides as follows:
1) Recitals. The foregoing recitals are hereby incorporated herein by this reference.
2) Grant of Easement. Grantor hereby voluntarily grants and conveys to Grantee,
and its successors, and assigns, subject to any previous duly recorded easements
or grants of record, a landscape improvements and maintenance easement over,
under, and across the parcels of real property described on Exhibit "A", which is
attached hereto and incorporated herein by this reference (hereinafter the
"Property") of the nature and character and to the extent hereinafter set forth. The
005.288834.1 Page 1 of 6
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OR BOOK 04807 . IMAGE 1188
granting of this Easement will not affect the front, side, and rear setbacks
applicable to the Property pursuant to the City of Winter Springs Code. .If the
Property is undeveloped at the time this Easement is granted, Grantor shall be
allowed to permit and constrict, through the easement area, a standard driveway
for ingress and egress to the Property in accordance with applicable law.
3) Purpose of Easement, This easement is granted for the express purpose of
allowing Grantee to use the Property to construct and maintain landscape
improvements over, under, and across the Property, including, but not limited to,
landscaping, irrigation systems, and any other incidental appurtenances and
accessories thereto. It is also the express purpose of this easement to provide
Grantee unconditional ingress and egress to, over, under and from the Property for
the purposes stated herein.
4) Riahts of Grantee. To accomplish the purposes stated above, and at Grantee's
expense, the following rights are conveyed to the Grantee by this easement:
a) To .use the Property to construct, operate, and maintain improvements
over, under, and across the Property including, but not limited to, trees,
shrubs, flowers, ground cover (mulch, rocks, grass, etc.), irrigation
systems and any other incidental landscaping appurtenances and
accessories thereto;
b) To prevent any activity on .or use of the. Property that is inconsistent with
the purpose of the easement, and to require the restoration of areas or
features of the Property that may be damaged by an inconsistent activity or
use;
c) To use this easement for ingress and egress to the defined improvements;
d) To cut, trim, and keep clear such trees, brush, and undergrowth that might
hinder or prohibit the use of the Property for the purposes set forth herein;
and
e) To take any civil action deemed necessary, at the Grantee's sole and
absolute discretion, to protect and .preserve the easement granted
hereunder.
5) Permits. The parties acknowledge that certain local, state, and federal permits
may be required from time to time for purposes ❑f constructing, operating, and
maintaining the improvements and other incidental appurtenances and accessory
structures referred to herein. Grantor as fee simple owner of the Property, hereby
agrees to allow Grantee to make application for said permits and also agrees to
join in any said permit (as signatory or otherwise) when required by any
permitting agency for issuance of the permit.
Notwithstanding, Grantee shall be solely responsible and liable for complying
with any local, state, or federal permit requirements, obligations, and duties (if
005.288834.1
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FILE )UM 2003075017
OR BOOK 04807 PAGE 1189
any) related to the construction, operation, and maintenance of the improvements
and other incidental appurtenances and accessories thereto.
6) Easements Run with the Land. This easement shall remain a charge against the
Property. Therefore, this easement shall "run with the land" and be automatically
assigned by any deed or other conveyance conveying a portion of the Property
relating to this easement, even though conveyance makes no reference to this
easement as such.
7) Attorne 's Fees. In the event of any legal action arising under this easement
between the parties, each party shall bear their own attorney's fees, court costs,
and expenses, through all appellate proceedings.
8) Recordation. Grantee shall record this instrument in a timely fashion in the
Official Records of Seminole County, Florida and may re-record it at any time as
may be required to preserve its rights in this easement.
9) Successors. The covenants, terms, conditions, rights, and restrictions of this
easement shall be binding upon, and inure to the benefit of the parties hereto and
their respective personal representatives, heirs, successors, and assigns and shall
continue as a servitude running with the Property.
10) Grantors Representations and NVarranties. Grantor hereby agrees and makes
the following representations and warranties to Grantee:
a) Grantor is lawfully seized of said Property in fee simple and has full and
lawful authority to execute this easement, convey the easement to Grantee,
and bind the Property as set forth herein.
b) The Property is free of any and all encumbrances, except zoning
restrictions and prohibitions and other requirements imposed by
government authority and other encumbrances which are recorded in the
public records of Seminole County, Florida.
c) Grantor shall pay any and all taxes that are levied on the Property, from
time to time, as said taxes and assessments come due. The improvements
contemplated to be made on this easement are for a Public purpose and
therefore not considered as being subject to taxation. If said public
improvements are assessed taxes, Grantee will be responsible for the
payment of taxes attributed specifically to the public improvements.
d) Grantor hereby warrants the title to the easement granted hereunder over,
under, and across the Property and will defend the same against lawful
claims of all persons whomever.
11) Grantee's Right to Seem Equitable Relief. Grantor agrees, acknowledges and
recognizes that any breach of this easement by Grantor would result in irreparable
harm to Grantee, and accordingly, Grantor agrees that in addition to and not in
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005.288834.1
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OR BOOK 04807 PAGE 1190
lieu of all legal and equitable remedies available to Grantee by reason of such
breach, Grantee shall be entitled to equitable relief (including, without limitation,
specific performance and -injunctive relief) to enjoin the occurrence and
continuation of the breach.
12) Entire Agreement. This easement constitutes the full and entire agreement
between the parties hereto and supercedes any oral or written prior
communications between the parties related to the subject matter contained in this
easement. The easement shall be governed by the laws of Florida.
13) Sovereign Immuni . Nothing contained in this easement shall be construed as a
waiver of the Grantee's right to sovereign immunity under Section 768.28,
Florida Statutes, or other limitations imposed on the Grantee's potential liability
under state or federal law.
14) Modifications. This easement shall only be modified by a written instrument
executed by the parties hereto or any successor, assigns heirs, or representatives
thereto.
15) Grantors Duty of Noninterference. Grantor agrees not to interfere or allow
others under Grantor's control to interfere with Grantee's rights to use the
Property as specifically set forth herein. Grantor agrees not to permit or allow the
construction or erection of any building or structure on the Property without prior
written consent of the Grantee.
16) Termination. The parties agree that this easement is intended to be perpetual.
However, in the event the Grantee determines, at its sole discretion, that it no
longer requires the property for improvements described herein, Grantee, at
Grantor's written request, agrees to execute an appropriate written instrument to
terminate this easement. Upon termination of the easement by the Grantee,
Grantee; upon request made within five (5) days of termination by Grantor, will
remove the improvements and restore the Property to its original condition, less
reasonable wear and tear.
17) Reciprocal Indenmffication. To the extent permitted by law, each party hereto
agrees to indemnify and hold harmless the other .party hereto and the other party's
employees and officers from and against all claims, losses; damages, personal
injuries (including but not limited to death), or liability (including reasonable
attorney's fees through all appeals), directly or indirectly arising from, or out of
the indemnifying party's acts, errors, or omissions, intentional or otherwise,
resulting from this easement and Agreement.
005.288834.1 Page 4 of 6
FILE „JM 2003075017
r OR BOOK 04807 PAGE 1191
IN `VITNESS WHEREOF, Grantor and Grantee set their respective hands on the day
and year above written.
Witnesses: GRANTOR:
MEADOWBROOK WINTER SPRINGS,
LLC, a Delaware limited liability company
os e42: By:
Name: 44 o
Title: `
C pit' - Te,_ i k-1 o (aL
• i
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Print Naw-e-
STATE OF FLORIDA
COUNTY OF nSr E,
GRANTEE: k
CITY OF WINTER- '3RING;`'s� Florida
municipal corpordd • • �� y' {
RONALD�V"6cpI1IORF'
Its City Mar% .� kl�r
p'•.10 "46►.• b�.
is ko
The foregoin instrument was acknowA—es"del)-74
d before me this o� day of April, 2003,
by /�oN Rio n , as of Meadowbrook
Winter Springs, LLC, a Delaware limited liability company, on behalf of the company. He/She
is persoz£alI known to me or has produced as identification.
Wsf r NOTARY PUBLIC
MY GOh�INfSSiC{V # CC 671667
EKPiA :.la�uary 15, 2M4 Name:` l� All t
BandedTh,6 MomryFW, UrdamvMam j
Serial #:
My Commission Expires:
)05.288834.1 Page 5 of 6
FILE . , M 2003075017
OR BOOK 04807 PAGE 1192
STATE OF FLORIDA
COUNTY OF SEMINOLE
-- The foregoing instrument was acknowledged and sworn to before me this day of
2003 by RONALD W. McLEMORE, City Manager of the City of Winter Springs Florida
G—xrols personally known to me 0 or who has roduced as
identification.
ANDREA LORENZ--LUACES
MY COMMISSION # CC 8319 1
EXPIRES: May 8, 2003
1-800-3-NOTARY Fie. Ncrn®y SoMoa s aonaeng Qd. TARY P
y Corrrai.<sfibn Expires:
Page 6 of 6
005.288834.1
FILE NuM 2003075017
OR BOOK 04807 ' PAGE 1193
Fxhihit A
The southerly ten (10) feet of the following described property
(which 10 feet are adjacent and parallel to the northerly right-of-
way line of Longwood -Wagner Road, a/k/a State Road 434, in
Winter Springs, Florida):
The East 300 feet- of Lot 56, Block D, D. R. M[TCB ELLS
SURVEY of The Levy Grant, as recorded in Plat Book 1, Page 5,
Public Records Seminole County, Florida, lying north of
Longwood -Wagner Road.
005.288833.1
-reparea by and return to
leffrvy P. Bgak; Esquire rj
3r 4,-SaMh,iPn yvelss & Garganese. P.A. )
3'.0.'�ox 2B7 '
]rlanao, Fi 106,2E"79
'arcel ID No.. 26.26-30-SAR-0D00-0560
t Illi f1 III . �I 11111 III II Ilf II III 11 !11 II Ill Il ill 11 Ilf i lill
FIRST AMENDMENT TO DEVELOPMENT AGREEMENT
WINTER SPRINGS, L.L.C., DATED OCTOBER 11, 1999
THIS FIRST AMENDMENT TO DEVELOPMENT AGREEMENT ("Amendment")
is made this day of March, 2003, by and between the CITY OF WINTER SPRINGS, a
Florida municipal corporation (hereinafter referred to as "City") and MEADOWBROOK WINTER
SPRINGS, L.L.C. a Delaware limited liability company (hereinafter referred to as "Property
Owner") and is based on the following premises:
WHEREAS, the parties entered into a Development Agreement dated October 11,1999, and
recorded in Official Records Book 3785, Page 1486 of the public records of Seminole County,
Florida (the "Development Agreement"); and
WHEREAS, the Property Owner has requested, and the City has agreed in accordance with
the terms and conditions of this Amendment, to release a portion of the property (the "Outparcel")
from the lien and operation of the Development Agreement, which Outparcel is more particularly
described as follows:
The East 300 feet of Lot 56, Block D, D.R. MITCHELLS SURVEY
of the Levy Grant, as recorded in Plat Book 1, Page 5, Public Records
Seminole County, Florida, lying north of the Longwood -Wagner
Road; and
WHEREAS, in furtherance of the State Road 434 Landscape and Beautification Project, the
Property Owner has agreed to execute a landscape easement in favor of the City, wherein the City
will construct and maintain a ten foot (10') landscape buffer adjacent to State Road 434.
NOW, THEREFORE, in consideration of valuable consideration received at the time of
execution hereof, the receipt and sufficiency of which is acknowledged, the City and the Property
Owner do hereby agree as follows:
- 1. To remise, quitclaim, exonerate and discharge the Outparcel from the lien and
operation of the Development Agreement; provided, however, that nothing herein shall in any way
impair, alter or diminish the effect of the Development Agreement with respect to the remainder of
the real property affected thereby.
2. Property Owner shall execute simultaneously with this Amendment the S.R. 434
Landscape Beautification Easement, granting to City the a landscape improvement and maintenance
easement over, under, and across the Outparcel.
3. The City shall record this Amendment in a timely fashion in the Official Records of
Seminole County, Florida and may re-record it at any time as maybe required to preserve the rights
and obligations provided by this Amendment.
Page 1 of 3
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FILE 2003075018
OR BOOK 04807 PAGE 1195
4. This Amendment may be signed in counterparts, all of which when taken together
shall constitute one and the same agreement.
IN WITNESS WHEREOF, the City and Property Owner set their respective hands on the
day and year above written.
WITNESSES:
!PrintqName:,,
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7"0■ i
STATE OF FLORIDA
COUNTY OF SEMINOLE
CITY OF WIl Tpe'g � on-
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a Flori
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municipal Corp o �l■■�►a»�r�*i iiI'
By: -- - o
till0.VtLLil l 'F Mr rMLi e P96 a
Its City l fffa r 0 e
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LY �
The foregoing instrument was acknowledged and sworn to before me this`+- day of
�Qa L- , 2003 by (�►, 4L'b .,� , a c fr�ea� , to-fffm is
personally known to me or ❑ who has produced as
identification.
ANDREA L09ENZ0-LU6
MY COMMISSION # CC
EXPIRES: May B, 2003
1;a0G3NOTARY Fla NubY Samee a 8arrdlr
Page 2 of 3
IC
Expires
' FILE hvfl7 2003075018
OR BOOK 04807 PAGE 1196
WITNESSES: MEADOWBROOK WINTER SPRINGS,
L.L.C. a Delaware limited liability company
By:
i�_ OS�-4 zo NamenmC Title
Prn(�_ ¢06
STATE OF FLORIDA
COUNTY OF 0' Ce o Ca
The foregoing inst t was acknow edge
2003 by �V G. q
personally known to me or ❑ who has produced
identification.
SsIVAA L. SHSMY
_;, MY COMMISSION If CC 871607
; s EXPIR S: January IS, 2004
,k l� Sonde¢ Thm Notary P*k urrdemr tars
and sworn to before me this eq / day of
> who is
. as
NOTARY PUBLIC
My Commission Expires
F:\Docs\City of Winter Springs\Meadowbrook Winter Springs Golf Club\Agreements\Amendment_DevAgree_Meadowbrook.wpd
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