HomeMy WebLinkAboutTab 42 Seminole Trail Animal Hospirtal, Inc. (Tuscawilla Tract 15 Parcvel 1-C).pdfldnUM TUf MARYANNE MORSE
Hal R. Braditord, Eaq. IWAK OF CIFCUIT C'.JURT RECORDED & VERIFIED
bigtrzzs & Bateau LJJP StMINO, - CnUNI%r;
20 N. Jrange Avern w, Suite 1000
olanda, Florida 32801 3 (1 52 3 �9 A 14 PH 3 39
'
This DEVELOPMENT AGREEMENT by and between Robert Yesger, Trustee (hereinafter
called "Property Owner") and contract purchasers, Zimmer Developmero. he �ainafter called
tv
"Zimmer", as developer of the Kash n' Karry Shopping Center shopping Center project aid J ao -
ContraVest, Inc. (hereinafter called "ContraVest") as developers of the Courtney Springs Apartaup3 3
,-
complex and the City of Winter Springs, a Florida municipal corporation (hereinafter called "the
City") is entered into pursuant City Code, and is intended to constitute a covenant covering the
U0
property desmbed herein. Reference to Property Owner includes Zimmer and ContraVest as assigns
to Property Owner's rights and bind Zimmer and ContraVest for obligations on their respective
projects. This Agreement is based on the following premises:
Whereas, the real property described herein as Parcel I of Tract 1S of the Tuscawilla
P. U.D., further described on Exhibit "A" attached hereto is located within the City limits of the City;
and
Whereas, the real property is subject to certain land development regulations of the City,
including the "S.R. 434 Corridor Vision Plan: New Development Area" (Ordinance No. 675 of the
City); and
Whereas, the real property is subject to a Settlement Agreement set forth in Ordinance 489
and recorded at Official Records Book 2277, pages 0464 through 0500, Public Records of Seminole
County, Florida (hereinafter call "the Settlement Agreement"). and
Whereas, parties concur that this Agreement deals with issues separate from the issues
addressed in said Settlement Agreement, and this Agreement should be construed as consistent with
• F F
3574 0530
the said Settlement Agreement, MW in the event of this Agreement MW
the Settlement Agreanent, the Settlement Agreemient shall prevail; OW
Whereas, this property has received a Certificate of Vested Rights Special Use Permit from
the City on August 4,1993, which is in full form and effect, and this Agreement shall not cause to
affect the vesting "us of this property, and
Whereas, the City agrees that Parcel IC of Tract 15 of the Tuamwills. P.U.D. rnay be
subdivided and developed into two (2) major projects consisting of a 252 unit apartment complex
(the apartment site) and a Kash n' Karry site, and the Kash n' Karry site may be divided into three
(3) parcels, and
Whereas, Sectiom 20-458 and 20-459 of Ordinance No.675, the *S-R. 434 Corridor Vision
Plan: New Development Arcs" provides for a Development Agreement for real property such as that
described on Exhibit "A", upon a finding that the site is constrained, and extra development
enhancements are provided by the Property Owner to preclude or mitigate against any impacts upon
abutting properties or the S.R. 434 corridor; and.
Whereas, the City Commission of the City of Winter Springs finds that the real property
described in this Agreement is constrained by width, proximity to water retention areas on the
property, by wetlands, and by proximity to less densely and intensely developed properties. and
Wberms, the City Commission finds that Property Owner is making sufficient development
concessions and enhancements on the real prop" described on Exhibit *A" to authorize a
Development Agreement for the apartment complex and the Kash n' Karry site; MW
Whereas, in consideration for the City entering into this Agreement the PT0pertY Owner has
agreed to provide certain enhancements for the entire parcel (such as a wall, landscaping, etc.) and
2
Ji'FICIA'- Pf "3RQS
800h; PAGE
3574 053I
certain commas design themes or criteria (such as d9dJMM(gpiKwqkftntain maintenance, fencing
and landscaping).
NOW THEREFORE, be it agre d as follows:
The City and the Property Owner hereby agree that the foregoing premises are true
and correct.
2.1 The real property described on Exhibit "A" constitutes the entire property subject to
this Development Agreement. A consideration for the City entering into this
Agreement is that certain marts (such as enhanced landscaping and a six (6')
foot wall along the rear of the subject property) and certain common design themes
or criteria (retention pond fountain) are being proposed by the Property Owner and
accepted by the City.
2.2 A specific implementing development agreement is hereby created for the Courtney
Springs apartment site development and for the Kash n' Karry site development as
shown on the respective Final Engineering Plans approved by the City, on file with the
Office of the City Clerk, Winter Springs, Florida, which by this reference are
incorporated herein.
2.3 Where no requirements concerning a development issue are set forth in this agreement
for the real property described on Exhibit "A", then the standards set forth in the
"State Road 434 Corridor Vision Plan: New Development Area" standards shall first
3
JFFICIA,--7�--7ROS
BOOK PAG=
3574 0532
apply, and if no standards a W46 W &Queer, then other applicable City Code
provisions shall govem development of the property.
2.4 This Agreement does not and cannot exempt any real property ftm complying with
state or local law or ordinances relating to platting, environmental permitting,
wetlands regulations, stormwnw, or other matters nor any development issues not
directly addressed by this Agreement.
-a - �. �1VL�Il■.}:.l! 1.•M11F. .I 11 1. . ri il.-
The development for the [Cash n' Karry site :hall be subjeet to the "sgnage short„
prepared by Zimmer (Bowyer -Singleton Signage Sheet sealed and dated
M - 2- 916 ) as to the specific location and size of each and all sgnage for the
Kash n' Karry and two outpaced sites and shell be mibject to the following conditions:
3.1 Zimmer is allowed two (2) ground -mounted. multi -tenant signs - both to be located
on S.R 434 frontage. Zimmer is allowed one (1) ground -mounted, single -tenant sign
to be located on Vistawilla Drive for the Kash n' Karry carter.
3.2. Zimmer is allowed a height variance for three (3) ground-nx unte+d, single tenant signs i
F
from 8' in height to 819" in height. One (1) sign is to be located on future out parcel
i
1, one (1) sign is to be located on future out parcel 2, and the third sign is the one for
Kash n' Karry on Vutawilla Drive.
3.3 Zimmer is allowed a height variance from 14' for the building mounted signs as
follows:
a. The primary sign (anchor tenant) is from 25'6" at base to 33'6" at top
b. The liquor store and the eastern most retail sign are from 19'6" at base to
2116" at top and,
4
JFFICIA ' r.,rr pS
I300K PAGE
3574 0533
C. The smaller stores W9fflfiLf5'6XI641Jase to I V6" at top.
3.4 The Kash n'. Kanry development d W[ be subject to and comply with the si3n
regulations and specifications set forth on the Bowyer -Singleton Signage Sheet sealed
and dated 1 1- 7- 98 on file with the O®oe of the City Cleric., Winter Springs,
Florida, as a Final Engineering Permit condition for site development of said parcel,
if addressed therein, or if not the requirmmrts ad forth in Winter Springs Ordinance
No. 675.
3.5 The outparcel No. 2 of the Kash n' Karty site shall be restricted to office use only.
4.0(ContraVest
To minimize impacts to abutting properties and to enhance the quality and design of
the Courtney Springs Apartments (the Apartment site) certain amenities have been
agreed to by the City and ContraVest, and shall constitute requirements for
Apartment site development. Enhanced or permitted variations from City Code
requirements on the apartment site shall be as set forth below.
4.1 ContraVest is allowed to vary the size of the parking spaces from 10' x 20' to
9' x 20' for one hundred fifty four (154 spaces).
4.2 ComraVest is permitted to construct two (2) wing walls of apgroaxinmtely 60' in length
with the Courtney Springs identification sign on the front face of each wall on each
side of the entryway into the complex from state road 434. In addition, the crown of
the signs on the wing wall is allowed to exceed the eight (8) foot height requirement.
5
-- - -
_'
JFFICfn'. "—,)RDS E
Book PAGE
3574 4534
specifically the crown of WW4ihC Wtsign is eonArtrcted may be up to I in
height for a distance not =ccading IS linear teat.
4.3 ContraVest is authorized to use 12' Wax Myrtle trees, or other fast growing trees
acceptable to the City, along the roar boundary of the properly rather than canopy
Um Tied in C' Code. Such
spec nY fast growing troy shell be p4rsted in accordance
with the Canin Associates Landscape Plan scaled and dated l2 L-98
and the parties agree that a minimum of 22 fast growing trees shall be planted.
4.4 The site plm including building, wear retention pbo mem, and parking lot layout are
set out in the Final Engineering Plans on file with the City and shall govern the design,
construction and use of the apartment site in order to ensure quality development and
to minimize impacts on surrounding single family development.
4.5 Specific site developments for the apartenent site not specifically addressed herein shall
be as set forth in the Final Engineering Plans (Bowyer -Singleton plans sealed and
dated 1'1- 2-90 , and if not addressed therein shall be in accordance with
City Ordinances.
U L 9 N &I 111 rA a: tti
The parties agree and acknowledge that a wall separating the proposed development
on Parcel 1-C from abutting residential development will assure quality development
on the Parcel 1-C site white minimizing impacts on existing residential areas by
separating intensities and densities. The wall requirement obligation on the Property
Owner and developers shall be as set forth below.
6
aooK_
���c����r
. ACC
3574 0535
5.1 To the rear of the fururSt Vj of the Kash n' Ko y site, the Property
Owner agrees to dedicate a SO' x V parcel to either the Tuw wills Homeowraer's
A ssocia iM Inc. (THOA) or the Tuscawilla Beautification District (MD) for an
entry sign to the TuwAwdk residential area within 90 days of execration of this
agreement. This parcel will commonce at the Vistawilla Drive right-of-way and go
in a northwesterly direction, per the attached Exhibit "B".
5.2 The Property Owner WW also dedicate to the THOA or the TBD a minimum 20' x
5' pared on the eAM side of Vistawilla Drive for placement of an entryway sign in the
location depicted on Exhibit "B". The Property Owner is not required to expend any
funds or be involved in the actual construction of these entryway signs described in
Sections 5A and 5.2.
5.3 Zimmer shall construct a brick wall commencing at the western termination of the 5o'
x 5' parcel described in paragraph 5.1 above, and extending northwesterly an
additional 50' at the rear of the future outparcel 2 on the Kash n' Karry site. This
brick wall will be constructed of bricks compatible with the wall at the Eagle's Watch
subdivision on the eastside of Vistawilla Drive. The balance of the wall along the
Kash n' Karry property line will be of stucco construction.
5.4 ContraVest shall construct a 6-foot stucco wall along the southerly property line of
the apartment site between the designated wetlands in order to buffer the apartment
site and the abutting single family development to the south. The placement of the
wall shall be in accordance with the final engineering plans on file with the City.
6.0 The MOT Rqjqn�jon Pond
7
i
JFFICIA-L C11RDS
BOOK PAGE
3574 0536
The City and the CAti%Vd�aio make the water r+staKion pond being
constructed and owned by the Florida Deparmr w of Transportation (FOOD a more
attractive amenity to the Courtney Sprnrgs Apartment development and to the SR 434
Corridor. To achieve this, the property owner and the City agate that acquisition of
the FDOT pond by the City and the construction of certain amenities sat forth below
by the property owner will beat achieve these objectives. Therefore, the City and
ContraVest agree as follows:
6.1 The City shall use its beat efforts to acquire ownership or control ofthe FDOT pond
located on SR 434 immediately north of the portion of Tract 15, Parcel 1-C of the
apartment site. if the City is successful in acquiring ownership or control, that will
permit the improvements, alterations and maintenance contemplated by the parties,
then ContraVest agrees to undertake the following responsibilities as set forth below,
at its expense:
6.2 The City and ContraVest shall share the costs associated with acquisition of the
FDOT pond site with a cap of FIFTEEN HUNDRED DOLLARS ($1,500.00) from
each party. In the event the costs to complete the acquisition exceed this sum, the
City shall have the option. but not the obligation to pay the additional costs. if the
City is unable to acquire ownership or control, then ContraVest shall not be bound
to the requirements set forth in 6.3 through 6.6.
6.3 ContraVest shall provide enhanced landscaping around the pond per the plans and
specification shown on the Canin Associates Landscape Plan sealed and dated
1 - t r 9b on file with the Office of the City Clary Winter Springs, Florida.
8
it
JfFIOIM_ -; f.QRDS
300F( PA GE
3574 '0537
6.4 1001 will beinsWh4k%WW&,A0.44m4ink hnw end Sate around the entire pond
as pert of the SR 434 constwrction. CWMVest shall replace the dwn-link fence and
construct a decorative fence along the entire SR 434 side of the MOT pond
consistent with that approved for the SR 434 frontage for the aWanent site. If
FDOT does not install black vinyl dtein-link fence. R shall be ContmVest's obligation
to install the black vinyl fence around the other sides of the pond.
6.5 ContraVeat shall constrict a lighted fountain in the pond. ContraVest shall provide
for maintenance in perpetuity for the enhanced landscaping, fencing, operation of the
lighted fountain for the pond, and shall reasonably maintain the appearance of the
water area in a clean, debris -free condition.
6.6 ContraVest shall provide an insurance policy or evidence of coverage in the amount
of ONE MILLION DOLLARS (S1,000,000.00) in Public Liability inunznee covering
the services and activities of property owner relating to the pond. The policy shall
name the City as a Co -Insured. Said policy shall be provided at the time the first
Certificate of Occupancy is issued for Courtney Springs Apartment complex.
8.0 Underground Utilities Alpng SR 434
The City and the developers agree that each shall pay fifty percent (S(r) of the cost
of construction for underground electric and other utility lines traditionally
constructed on poles along the frontage on SR 434 from the western right-cf-way of
Vistawilla Drive to the western edge of the FDOT pond. The total cost to the
developers for construction of the underground utilities shall not exceed THIRTY
9
-- -.--4' _ - - - -
JFFICIA' pr, �3RDS
301)K PA GE
ONE THOUSAND El T""FIVE DOLLARS AND FIFTY
CENTS ($31,II25.50). SEMINDLE cc,. F.L
Eb 0.' •MN !1! K-7Mr7M7K8ASri
ContraVest and Zimmer, or their successors or assigns, shall be responsible for the
ongoing maintenance of the landscaping, walls, retention ponds, site amenities and
other common areas and facilities on their respective properties.
10.0 Sim Period/Time tQ Cure:
In the event the City determines that any of the other parties hereto, or their
respective successors or assigns, is not in corW[ a m with landscaping installation as
required by this Agreement, or fails to maintain the landscaping as required by City
Code, The City shall provide written notice of violation to the owner of the subject
parcel or parcels, stating the speaiic nature of the violation and the corrective actions
to be taken to cure said non-compliance. The owner shall have thirty (30) days from
receipt of said notice in which to cure the violation before the City can declare a
default under this Agreement. The City agrees and acknowledges that a default by
one party to this Agreement shall not affect the other parties' property.
11.0 Pursuant to the requirement of state law, the parties acknowledge and agree
a. This Agreement shall be recorded in the public
records of Seminole County at cost to the Property Owner and shall be a
covenant running with the land
b- Do-w1Q2ment IsUM. Development issues shall be those permitted and
controlled (such as building height, permitted uses, parking requirements and
l0
BOOK PAGE
''-rr OR0
AG_
3574 0539
..CMIHOLE CO. FL
other &nmloponett standards) by existing City Code, including Ordinance No.
675 and the Settleirm t Agrewmv_ except as said she development standards
are specifically modified herein.
C. AgmMot Consistent Mdth c2minhCEWIve Plan. The City Coffin ssion and
the local planning agency have found that the land uses and development
proposed am mmistent with the City's Comprdww a Plan. By entermg into
this Development Agreement, the City Commission fads this Agreement
consistent with the City's Comprehensive Plan.
d. CornRhAm With The failure of this Agreement to address a
particular permit, condition, term or restriction shall not relieve the Property
Owner of the necessityof complyingwith the law governing said
$ ng Permitting
requirement, condition, term or restriction.
12.0 Enf r n
This agreement may be enforced by parties to it by bringing action in the Court of
proper jurisdiction to interpret or enforce the provisions of this Agreement. Venue
of any such shall be in Seminole County, Florida.
13.0 Pufio BDmA
This Agreement shall be recorded in the Public Records of Seminole County, Florida
and shall be binding on the heirs, assigns or successors to the Parties to this
Agreement.
11
a00I IAL. rEC qD
G_
3574 0540
: EMlNOLE 130. FL
DONE AND AGitEED on this Rl—" day of _—%-U t FmclM Q, 1998.
STATE OF FLORMA
COUNTY OF llAv.-?A/4a�-
The foregoing instrument was acknowledged before me this IS-4--day of Amgf?.v
1998 by Robert Yeager, as Trustee. He is paaonsUy known to me,
n.
12
L
OTARY PUB , STATE OF FLORIDA
Irez A"
Print Name:
My commission expires:
KI
lim
xa� a�na���mm
t5Uu1q. PAGE
3574 054I
SEHMOLE CO. FL
WITNESS:
■: . a .
molum MjLv2
1998
ffmy
The foregoing instrument was acknowledged before me — of
by He is personally known to me, or has produced
as identification.
13
NOTARY PUB L , STATE OF L
.................
N
C. Oil�i .
Prim Name:^ -
My commission expires: -
MlrCorr+missl,r, r••� � ��'� -
.� mter 24,
JFFIK PAGECIAL RECOROS
BOO
3574 0542
SEMINOLE r.(i. FL
WITNESS:
Name:
Nam:
STATE OF FLORIDA
CONTR4VESf>C.
By: - �"-- el,
COUNTY OF VaLyva-e-
The foregoing inunmwm was sdulawledged before me this /4*6- day of
1998 by -5J.enZ6cd- He is personally kw-wnto me r-ar -b�pn need
an
NOTARY PUBVI STATE OF FLORIDA
Print Nun:
My commission mores:
l(a
14
• JFFICIA'- ;.t1iiOS
BOOIt PAGE
3574 0543
5EMINOLE CO. FL }
ATTEST: F G ' ,, s t
•• QED ,��,f;
AMV�PI—RCE, �CI;YCLERK PAUL P. PARTYKA, o * a
.� 0 •;
STATE OF FLORIDA • ti
COUNTY OF S S'
arc
The foregoing instrument was adknowledged before an this 31� day of Neti v6d 1998,
by Paul P. Panyka, Mayor of the City of Winter Springs, Florida. He is pesonelly known to me. or
has produced as identification. I
i
THIS INSTRUMENT PREPARED BY:
Robert D. Guthrie, Esq.
FRANK KRUPPENBACHER, P.A.
P. O. Box 3471
Orlando, FL 32801-3471
15
NOTARY PUBLIC, STA OF FLORYDA
Print 4RAR&O A. C7R�+6
My commission expires:
%'Qu M PWM
a'. * -W C'r^^Nas-an CC772117
:� f ■�uow yeC*trnf�er t 2007
JFFICIA'
LxN1�1T ^' 300K :)AGE
OVERALL BOUNDARY 3574 o544
KASH `N KARRY /APARTMENTS /TUSCAWI "INUL E GO. FL
LEGAL DESCRIPTION
COMMENCE AT THE NORTHEAST CORNER OF SECTION 8, TOWNSHIP 21 SOUTH,
RANGE 31 EAST. SEMINOLE COUNTY, FLORIDA; THENCE RUN S00°24'55"E,
ALONG THE EAST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 8, A
DISTANCE OF 205.56 FEET TO THE NORTHERLY RIGHT-OF-WAY LINE OF THE
LAKE CHARM BRANCH OF THE SEABOARD COAST LINE RAILROAD (S.C.L.)
(100' R/W); THENCE RUN N54"34157"W, ALONG SAID NORTHERLY RIGHT-
OF-WAY LINE, A DISTANCE OF 293.14 FEET TO A POINT ON A CURVE,
CONCAVE SOUTHWESTERLY, HAVING A CENTRAL ANGLE OF 24°44010" AND A
RADIUS OF 1959.19 FEET; THENCE RUN NORTHWESTERLY ALONG THE ARC OF
SAID CURVE AND SAID NORTHERLY RIGHT-OF-WAY LINE, A DISTANCE OF
845.83 FEET TO THE POINT OF TANGENCY; THENCE RUN N794'18'14"W,
ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, A DISTANCE OF 691.26 FEET
TO THE POINT OF CURVATURE OF A CURVE, CONCAVE SOUTHWESTERLY,
HAVING A CENTRAL ANGLE OF 11"46'38" AND A RADIUS OF 2612.09 FEET;
THENCE RUN NORTHWESTERLY, ALONG THE ARC OF SAID CURVE AND SAID
NORTHERLY RIGHT-OF-WAY LINE, A DISTANCE OF 536.92 FEET TO THE
POINT OF TANGENCY; THENCE RUN S88'55'08"W, ALONG SAID NORTHERLY
RIGHT-OF-WAY LINE, A DISTANCE OF 178.11 FEET TO THE WESTERLY
RIGHT-OF-WAY LINE OF VISTAWILLA DRIVE; THENCE RUN N10'23'19"E,
ALONG SAID WESTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 16.23 FEET
TO THE POINT OF CURVATURE OF A CURVE, CONCAVE SOUTHEASTERLY,
HAVING A CENTRAL ANGLE OF 69000118" AND A RADIUS OF 540.00 FEET;
THENCE RUN NORTHEASTERLY ALONG THE ARC OF SAID CURVE AND SAID
WESTERLY RIGHT -OF -WAX LINE, A DISTANCE OF 650.36 FEET TO THE
POINT OF REVERSE CURVATURE OF A CURVE, CONCAVE NORTHWESTERLY,
HAVING A CENTRAL ANGLE OF 14057'22" AND A RADIUS OF 710.00 FEET;
THENCE RUN NORTHEASTERLY ALONG THE ARC OF SAID CURVE AND SAID
WESTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 185.33 FEET TO THE
EASTERNMOST CORNER OF HOWELL CREEK RESERVE PHASE ONE, AS RECORDED
ON PLAT BOOK 49, PAGES 10-12, PUBLIC RECORDS OF SEMINOLE COUNTY,
FLORIDA FOR A POINT OF BEGINNING; THENCE DEPARTING SAID WESTERLY
LINE, RUN THE FOLLOWING COURSES AND DISTANCES ALONG THE NORTHERLY
LINE OF SAID HOWELL CREEK RESERVE PHASE ONE; THENCE N30022'39"W,
A DISTANCE OF 356.04 FEET; THENCE N89°52'39"W, A DISTANCE OF
2100.00 FEET; THENCE N00°07121"E, A DISTANCE OF 100.00 FEET;
THENCE N89052'39"W, A DISTANCE OF 47.50 FEET TO THE SOUTHEAST
CORNER OF CREEKS RUN, AS RECORDED IN PLAT BOOK 53, PAGES 1-3,
PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA; THENCE RUN THE
FOLLOWING COURSES AND DISTANCES ALONG THE EASTERLY LINE OF SAID
CREEKS RUN; THENCE N00°07121"E, A DISTANCE OF 95.77 FEET; THENCE
N47003'59"E, A DISTANCE OF 152.67 FEET; THENCE N00007'21"E, A
DISTANCE OF 18.20 FEET; THENCE N55"38'10"E, A DISTANCE OF 58.83
FEET; THENCE N21°47'50"W, A DISTANCE OF 73.83 FEET TO THE
NORTHEAST CORNER OF SAID CREEKS RUN; THENCE DEPARTING SAID
aoois IA' R` C'�RO
AG_
EASTERLY LINE, RUN S8 9' 52' aSE7 4A DI OF 16.17 FEET; THENCE
N28'05'28"'W, A DISTANCE OF 85.60 WHENCE N24°26'37"W, A
DISTANCE OF 77.74 FEET; THENWilOQpP3T. VrW, A DISTANCE OF 68 . 53
FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY, AS DEPICTED ON THE
RIGHT-OF-WAY MAP FOR STATE RCAD NO. 434, SECTION 77070-2517;
THENCE RUN THE FOLLOWING COURSES AND DISTANCES ALONG SAID
SOUTHERLY RIGHT-OF-WAY LINE; THENCE S89'49'07"E, A DISTANCE OF
142.37 FEET; THENCE S00010'53"E, A DISTANCE OF 5.00 FEET; THENCE
S89°49'07"E, A DISTANCE OF 200.00 FEET; THENCE N00'10'53"E, A
DISTANCE OF 5.00 FEET; THENCE S8 9' 4 9' 07 'vE, A DISTANCE OF 133.00
FEET; THENCE S00610'53"W, A DISTANCE OF 289.00 FEET; THENCE
S89'49'07-E, A DISTANCE OF 800.00 FEET; THENCE N00°10'53"E, A
DISTANCE OF 294.00 FEET; THENCE S89049107-E, A DISTANCE OF
1383.53 FEET TO A POINT ON THE AFOREMENTIONED WESTERLY RIGHT-OF-
WAY LINE OF VISTAWILLA DRIVE; THENCE DEPARTING SAID SOUTHERLY
RIGHT-OF-WAY LINE, RUN THE FOLLOWING COURSES AND DISTANCES ALONG
SAID WESTERLY RIGHT-OF-WAY LINE; THENCE S00027'38"W, A DISTANCE
OF 206.85 FEET; THENCE S05015'00'VE, A DISTANCE OF 100.50 FEET TO
A POINT ON A CURVE., CONCAVE NORTHWESTERLY, HAVING A CENTRAL ANGLE
OF 63' 58' 36" AND A RADIUS OF 710.00 FEET; THENCE FROM A TANGENT
BEARING OF S00°27'39"W, RUN SOUTHWESTERLY ALONG THE ARC OF SAID
CURVE, A DISTANCE OF 792.79 FEET TO THE POINT OF BEGINNING.
CONTAINING 35.096 ACRES, MORE OR LESS.
T US 41KNKI PLAT. DOC
11110198
REV'D 1212198 SVB
yq..
C
ri
JOOICIA'- RFIF'BRAGS
352ktr -R.546
_SFMIHOU CO. FL
�: i � .Y7a-Y.{r�Ti»a •�~s•r�r r r i.� _ -iC6.
2-1
L
t k ! I ! I ! OI/r PARCEL 1 I k I I MESS
I j � I 51rE
6
DEDHCATION•-
i
W�—�
TUSCAWILLA S&U2�
TRACT 15 do AWOclATES, ftMXMroRA-MD
PARCELIC . „•,,�_,,,. , , 1
520 SOUTH MAGNOLIA AVENUE
ORLANDO. F1 ORiDA 32801
:407; H43-5120
1 A. 407-l:49-9664
S' X ZO' SIGNArE '
DEDICA7!I0N
,.` EACLE'S WATCH+.
suaofvIS/ON
i
w/NTER SPRINGS FLORIDA
DEVELOPER'S AGREEMENT
EXHIBIT Ir
SIGNAGE
DEDICATION
SHEET IOF I
Ila�M�wa��rwNw�� al�w �1ww1�
Prepared by and Return to:
Katherine W. Latorre, Esq.
Winter Springs Assistant City Attorney
Brown, Garganese, Weiss & D'Agresta, P.A.
P.O. Box 2873
Orlando, FL 32802-2873
(407) 425-9566
MARYANNE MORSE, CLERK OF CIRCUIT COURT
SEMINOLE COUNTY
BK 06580 Pgs 0754 — 761; (8pgs)
CLERK'S # 2007018720
RECORDED 02/06/2007 12:05:08 PM
RECORDING FEES 69.50
RECORDED BY G Harford
AMENDMENT TO DEVELOPER'S AGREEMENT
FOR SEMINOLE TRAIL ANIMAL HOSPITAL INC.
THIS AMENDMENT TO DEVELOPER'S AGREEMENT FOR SEMINOLE TRAIL
ANIMAT. HOSPITAL INC., made and executed this 9�;- day of 12007,
by and between the CITY OF WINTER SPRINGS, a Florida municipal co oration ("City")
whose address is 1126 East State Road 434, Winter Springs, Florida 32708, and SEMINOLE
TRAIL ANIMAL HOSPITAL, INC., a Florida Corporation ("Owner") whose address is 1491 East
State Road 434, Suite 109, Winter Springs, Florida 32708.
WITNESSETH
WHEREAS, Owner is the owner of certain real property located within the City of Winter
Springs, Florida, more particularly described herein ("Subject Property") by virtue of Quit Claim
Deed recorded in Seminole County Official Record Book 6309, Page 13; and
WHEREAS, the City Commission of the City of Winter Springs adopted Resolution 2006-
38, approving Owner's request to subdivide the Subject Property into two (2) separate and distinct
lots for development purposes; and
WHEREAS, the subdivided lots are more particularly depicted and legally described herein
as "Parcel 4A" and "Parcel 4B;" and
WHEREAS, the Subj ect Property is part of Tuscawilla Tract 15 Parcel 1-C, and is subject
to a Developer's Agreement for Tuscawilla Tract 15 Parcel 1-C, which is recorded in Seminole
County Official Record Book 3574, Page 0529 ("Developer's Agreement"); and
WHEREAS, as the successor in interest to the Subject Property, Owner's development of
the Subject Property is bound by and subject to the terms of the Developer's Agreement; and
WHEREAS, the Development Agreement provides that the Subject Property may contain
one (1) ground -mounted, single tenant sign from 8' in height to 8'9" in height; and
WHEREAS, given that the Subject Property has been subdivided into two (2) lots for
AMENDMENT TO DEVELOPER'S AGREEMENT
CITY OF WINTER SPRINGS / SEMINOLE TRAIL ANIMAL HOSPITAL, INC.
PAGE 1 OF 6
lk Y
- F
i Lm-T F I�r■ a -7 : t'
iaMT!- -_NMI
1• 1611■ ■1 I-- 16Fm- LF-
■--�l■ F i ■1 F -1
-i
i Ff--
t 1�
i r ■
■ ■
f
- - - —1
i
E-F ■ ■ 1 - 1
1 1 F 1 - All■-
-1-�_� ■ - f■= -1 �
■ - jp-■
- t ■ -
F�■� 1 m7 ■ +-
L I■ '
FF A L46
t--
lif
■■ -
■�1 ■ ■■ - ■ ■■R
■
- f■-
— ■■
- - -
- �
� F- � - - ■ --
F F\F-
1 i
t■
- i F-1 - —
■
■ 1 i 1
. -_ z4-
- F ■ - r -
-
■ - i ■
- -
■
-- ■
1- ■t F D-
- M
F —
F
--m- -
-
!! - -
- t t
■---m
■■
Jo -
i 1m7m11■ ■■
- ■■■JS
-
-
. 1dp
-
- - -
■ ■ -
■
011
development purposes, Owner desires to amend the Development Agreement only with regard to the
Subject Property to permit the design, construction and location of one (1) ground -mounted, single
tenant monument sign each for Parcel 4A and Parcel 4B; and
WHEREAS, the City and Owner desire to memorialize in writing their mutual understanding
regarding certain aspects of the development of the Subject Property under the terms and conditions
set forth in this Amendment to Developer's Agreement for Seminole Trail Animal Hospital, Inc.
("Agreement"); and
WHEREAS, in addition to Owner's compliance with all provisions of the Developer's
Agreement, City Codes, permitting and construction not in conflict with or addressed herein, the City
and Owner desire to set forth the following special terms and conditions.
NOW, THEREFORX, in consideration of the mutual promises, covenants and agreements
set forth and other good and valuable consideration, the receipt and sufficiency ofwhich is hereby
acknowledged, the parties agree to amend the Developer's Agreement as follows:
1.0 Recitals. The foregoing recitals are hereby incorporated herein bythis reference
and deemed a material part of this Agreement.
2.0 Authority. This Agreement is entered into pursuant to the Florida Municipal
Home Rule Powers Act.
3.0 Subject Prperty. The Subject Property which is subject to, and bound by, the
terms and conditions of this Agreement is legally described in "Exhibit A," attached hereto
and fully incorporated herein by this reference.
4.0 Subdivided Lots. Pursuant to Resolution 2006-3.8, the Subject Property was
approved by the Winter Springs City Commission to be subdivided into two (2) lots for
development purposes. Said subdivided lots are more particularly depicted and legally
described in "Composite Exhibit B," attached hereto and fully incorporated herein by this
reference ("Parcel 4A" and "Parcel 4B").
5.0 Representations of Owner. Owner hereby represents and warrants to the City that
Owner has the power and authority to execute, deliver and perform the terms and provisions
of this Agreement and has taken all necessary action to authorize the execution, delivery and
performance of this Agreement. This Agreement will, when duly executed and delivered by
Owner and recorded in the public records of Seminole County, Florida, constitute a legal,
valid and binding obligation enforceable against Owner . and the Subject Property in
accordance with the terms and conditions of this Agreement. Owner represents it has
voluntarily and willfully executed this Agreement for purposes of binding the Subject
Property to the terms and conditions set forth in this Agreement.
AMENDMENT TO DEVELOPER'S AGREEMENT
CITY OF WINTER SPRINGS / SEMINOLE TRAIL ANIMAL HOSPITAL, INC.
PAGE 2 OF 6
FI swipts:jim F _■ i f 1 F R��- ■r - -, F
Ziz
L- 16 -
Iti1F f■. ems_ I-` - % 1--%m- rtsis gis—z -:-■ -�..=-:■L"�L- 1■ �■=
dw
F - ■ - - ■ __ ■ - ■ ■ - ter_ 1rismi 02 ■ ---- M ■
■
fF - -V- F ■ 1 ■ F L - IF ■ A
4— ■- ■ — t 1 i - M1= - F -■ u o - 0-
0 : - - i 1
- -- ■■ i --F-ii
1 ■ ■ - - - - H ■ ■ -
tit F � - - -H ■ - rF F A man I zini - Elm:
— —
--.
- - ■ ■ ■ - mm - - - !m -imm�- -
F - - - - 1■ ■ ■ ■'.--FZE
—
■
1 - -
■ - - - - - - - - M - - - - f —
6.0 Amendment to Developer's Agreement. The City agrees to vary the signage
restrictions imposed on the Subject Property by paragraph 3.2 of the Developer's Agreement
as follows:
6.1 Parcel 4A. Owner shall design, construct and install one (1) ground -mounted,
single tenant monument sign not to exceed six feet (6) in height for Parcel 4A. Such
sign shall be located as depicted on the Final Engineering Plans approved by the City
Commission on April 24, 2006. The design, construction and location of the sign
shall otherwise comply with the provisions of section 3 of the Developer's
Agreement and all other applicable City Codes including, but not limited to, section
20-470, Winter Springs City Code.
6.2 Parcel 4B. Subject to applicable City Codes and prior approval by the City
Commission, Owner shall be permitted to design, construct and install one (1)
ground -mounted, single tenant monument sign on Parcel 4B, provided said sib shall
not exceed six feet (6) in height.
7.0 Successors and Assigns. This Agreement shall automatically be binding upon and
shall inure to the benefit of the successors and assigns of each of the parties.
8.0 Applicable Law. This Agreement shall be governed by and construed in accordance
with the laws of the State of Florida.
9.0 Amendments. This Agreement shall not be modified or amended except by written
agreement duly executed by both parties hereto and approved by the City Commission.
10.0 Entire Agreement. This Agreement supersedes any other agreement, oral or written,
and contains the entire agreement between the City and Owner as to the subject matter
hereof.
11.0 Severability. If any provision of this Agreement shall be held to be invalid or
unenforceable to any extent by a court of competent jurisdiction, the same shall not affect in
any respect the validity or enforceability of the remainder of this Agreement.
12.0 Effective Date. This Agreement shall become effective upon approval by the City
of Winter Springs City Commission and execution of this Agreement by both parties.
13.0 Recordation. This Agreement shall be recorded in the public records of Seminole
County, Florida, and shall run with the land.
14.0 Relationship of the Parties. The relationship of the parties to this Agreement is
contractual and Owner is an independent contractor and not an agent of the City. Nothing
AMENDMENT TO DEVELOPER'S AGREEMENT
CITY OF WINTER SPRINGS / SEMINOLE TRAIL ANIMAL HOSPITAL, INC.
PAGE 3 OF 6
CA
1 - r- F- '-' :wm varAm" -�M,lra 4-
IF mu:L
' � �rr f ■�.- �1� -mm .-1 W-my 66i -Mpmm ■ti6- 1 -■
' 1Ir�mi WU 1 AIL=■LwF—LNNN.1'ti-'im-M i?1w
ri mrmmr'' _"MZW ■ pig ~ HIH 1■ --jjj
- ■1■ --I t i %-"r T 7 I ■ 1 ti A 1-1
�- —*-m7 :*- ■-i - ■ice Mr ---M_ ■- f- ■-ai apro- -imm t--h
--'-IFIF iFE-■i-N--A •-
1� f H■i= ME F�
L-� ■ - 1• - -.- M .. r1 �- 1 ff
■
- H - i 1 ■ H - ■- F f F
■ -r
--f *--F AL ■1 - - 91
F ■ - - ■- 1 _■ - -■7F- ■ ■F31L ■- A i
F
F
■ -- ■ - - ■ -_ - -m - 1 i yLE- - -
r -U •E _ - - _ t— - Mi
■- i 1 ME 1 1 m7 ■-..' - i-
- - - i ■ i
- - -- -- -� - A -ti -ELM
1
_
1
3
herein shall be deemed to create a joint venture or principal -agent relationship between the
parties, and neither parry is authorized to, nor shall either parry act toward third persons or
the public in any manner which would indicate any such relationship with the other.
15.0 Sovereign Immunity. Notwithstanding any other provision set forth in this
Agreement, nothing contained in this Agreement shall be construed as a waiver of the City's
right to sovereign immunity under section 768.28, Florida Statutes, or other limitations
imposed on the City's potential liability under state or federal law. As such, the City shall
not be liable under this Agreement for punitive damages or interest for the period before
judgment. Further, the City shall not be liable for any claim or judgment, or portion thereof,
to any one person for more than one hundred thousand dollars ($100,000.00), or any claim
or judgment, or portion thereof, which, when totaled with all other claims or judgments paid
by the State or its agencies and subdivisions arising out of the same incident or occurrence,
exceeds the sum of two hundred thousand dollars ($200,000.00). This paragraph shall
survive termination of this Agreement.
16.0 City's Police Power. Owner agrees and acknowledges that the City hereby reserves
all police powers granted to the City by law. In no way shall this Agreement be construed
as the City bargaining away or surrendering its police powers.
17.0 Interpretation. The parties hereby agree and acknowledge that they have both
participated equally in the drafting of this Agreement and no party shall be favored or
disfavored regarding the interpretation to this Agreement in the event of a dispute between
the parties.
18.0 Third Party Rights. This Agreement is not a third parry beneficiary contract and
shall not in any way whatsoever create any rights on behalf of any third parry.
19.0 Streci is Performance. Strict compliance shall be required with each and every
provision of this Agreement. The parties agree that failure to perform the obligations
provided by this Agreement shall result in irreparable damage and that specific performance
of these obligations may be obtained by suit in equity.
20.0 Attornev`s fees. In connection with any arbitration or litigation arising out of this
Agreement, the prevailing party shall be entitled to recover reasonable attorney's fees and
costs through all appeals to the extent permitted by law.
21.0 Development Permits. Nothing herein shall limit the City's authority to grant or
deny any development permit applications or requests subsequent to the effective date of this
Agreement. The failure of this Agreement to address any particular City, County, State
and/or Federal permit, condition, term or restriction shall not relieve Owner or the City of
the necessity of complying with the law governing said permitting requirement, condition,
AMENDMENT TO DEVELOPER'S AGREEMENT
CITY OF WINTER SPRINGS I SEMINOLE TRAIL ANIMAL HOSPITAL, INC.
PAGE 4 OF 6
term or restriction. Without imposing any limitation on the City's police powers, the City
reserves the right to withhold, suspend, or terminate any and all certificates of occupancy,
special exception, occupational license, or other permit of any kind whatsoever for any
building or unit if Owner is in breach of any term or condition of this Agreement.
22.0 Continuing Effect of Developer's Agreement. All other provisions of the
Developer's Agreement not otherwise modified by this Agreement shall remain in full force
and effect with respect to the Subject Property.
IN WITNESS WHEREOF, the parties have executed this Binding Development Agreement
as of the date first written above.
ATTEST:
AEA LORENZO-LUACES,
Clerk
APPROVED AS TO FORM AND LEGALITY
For the use and reliance of the City of
Winter Springs, Florida only.
Dated: / -a °?
By:
Anthony A. Garganese,
City Attorney for the City of Winter Springs
CITY OF WINTER S-2R NGS,'
a Florida municlV w or
qub-a Ii T .
F. BUSI11
AMENDMENT TO DEVELOPER'S AGREEMENT
CITY OF WINTER SPRINGS / SEMINOLE TRAIL ANIMAL HOSPITAL, INC.
PAGE 5 OF 6
40ii ■ -
'f ■
■
iR
1
WITNESSES:
l
ame: t.(C K-
STATE OF FLO&DA
Seminole Trail Animal Hospital, Inc.
a Florida Corporation.
`.D glas illiams,
Its President
COUNTY OF cY
11 �}
The foregoing instrument was acknowledged before me this- �` day of .t 11 d' On,
2007, by Douglas P. Williams, as President of Seminole Trail Animal Hospital, Inc., a Fl6rida
Corporation, who is personally known to me or [ ] who has produced
as identification.
U"-OLW'to CL /L
NOTARY PUBLIC, State of Florida
My commission expires
AMENDMENT TO DEVELOPER'S AGREEMENT
CITY OF WINTER SPRINGS / SEMINOLE TRAIL ANIMAL HOSPITAL, INC.
PAGE 6 OF 6
v V;
1 L-rrr
_ 11
_ r '
17
1 1 '
LE
i
i
3
1 �
LEGAL DESCRIPTION
Lot 4, TUSCAWILLA TRACT 15, PARCEL 1-0, according to the map or plat thereof, recorded in
Plat Book 56, Pages 29 through 32, inclusive, of the Public Records of Seminole County, Florida.
TOGETHER with those certain non-exclusive easements for gravity sewer line, lift station and
sewer force main over and across Lot 1, TUSCAWILLA TRACT 15, PARCEL 1-C, according to
the plat thereof as recorded in Plat Book 56, Pages 29 through 32, inclusive, of the Public
Records of Seminole County, Florida, as described in that certain Cross Easement Agreement for
TUSCAWILLA TRACT 15, PARCEL 1-C, by and between Robert A. Yeager, individually and as
Trustee and ZP No. 56, Limited Partnership, a Florida limited partnership, dated January. 13,
1999 and recorded January 14, 1999 in Official Records Book 3574, Page 564, as amended in
Official Records Book 3582, Page 1443, Public Records of Seminole County, Florida.
Together with:
An Easement for the benefit of Lot 4 as contained In the Amendment to the Declaration of
Restrictions recorded in Official Records Book 5349, Page 1939, Public Records of Seminole
County, Florida, over, under and across Lot 2, as described therein.
EXHIBIT
J
IN i,
■} AF6-1
�-. I - M :_■ _y z � - 7 ' m--r Li-r
i-t �■ --F -�`-mot ■ F-1 �■� ■Ff -r■
■ H - �� t mor ■-i• ■ - ■ 1 ■ _- % _ ■ R — F
- —• - - F■ ■ F- men MIN ---No---■ — - - _ ■■-F-
1 - � ■ — � • - - — � 1 F F 0- ■
-■�■•r■ �- 1 � -i=•-ram-F�=-��-- -■ ■ � -
N
SMUCH OF SONS
uir 2
T1SC MLLAL T,%WT 13 PAAOFL 1-C
PLAY COON K PAOES 29-32
NORM UNE
of LOT a
SHEET 2 OF 2 SHEETS
EXHIBIT
Com -
a �khil7it
E
G I
L:J
Ls6
SEE SHEET 1 FOR LEGAL DESCRIPTIONS
CklAyt Tp@L
CIlNYE HA-rlvkl OELU ICNORO BRC I CKM
c-z 1 ]1. r •{w r
GRAPHIC SCALE
C 3p CO 120 240
IN FEET )
1 Inch - 60 !t THIS IS NOT A BOUNDARY SURVEY
rtALTAMONTE SUR���a �R
MAY, rAM-A ODmu-As AVEN
Grant Malo . Clerk Of The Circuit Court & Comptroller Seminole County, FL
Inst #2020015563 Book:9535 Page:1777-1781; (5 PAGES) RCD: 2/10/2020 4:20:
REC FEE $44.00 I ,1 '� b"
D
THIS INSTRUMENT WAS PREPARED BY
AND SHOULD BE RETURNED TO:
Anthony A. Garganese, City Attorney
Garganese, Weiss, D'Agresta & Salzman, P.A.
lT 11 I N. Orange Avenue, Suite 2000
Orlando, FL 32802
(407)425-9566
FIRST AMENDMENT TO DEVELOPER'S AGREEMENT
(Tuscawilla Tract 15 Parcel 1-C)
THIS FIRST AMENDMENT TO DEVELOPER'S AGREEMENT (the "First
Amendment") is made and entered into this day of January, 2020, by and between the City of
Winter Springs, Florida, a political subdivision of the State of Florida (the "City"), 1126 E State
Rd 434, Winter Springs, FL 32708 and Seminole Trail Animal Hospital Inc., a Florida
corporation (the "Owner"), 383 Vistawilla Drive, Winter Springs, FL 32708.
WITNESSETH:
WHEREAS, the City and Owner's predecessor in interest entered into that certain
Developer's Agreement Tuscawilla Tract 15 Parcel 1-C dated December 14, 1998 and recorded in
Official Records Book 3574, Page 0540, Public Records of Seminole County, Florida
("Developer's Agreement");
WHEREAS, regarding Owner's property (the "Property"), Section 3.5 of the Developer's
Agreement provides "[t]he outparcel No. 2 of the Kash n' Karry site shall be restricted to office
use only";
WHEREAS, on August 23, 2019, Owner submitted its Application for DA Amendment;
WHEREAS, the City and Owner desire to amend the Developer's Agreement to allow
additional limited neighborhood commercial uses on the Property;
NOW, THEREFORE, for and in consideration of the terms and conditions of this First
Amendment and the mutual covenants set forth herein, and for other good and valuable
consideration, the City and Owner agree as follows:
A. AMENDMENT. The Developer's Agreement shall be amended to remove Section 3.5 and add
the following section:
Section 3.5
The following uses shall be permitted on Lot 4B, the tract herein (originally identified as
"outparcel No. 2 of the Kash n' Karry site" and bearing the Parcel ID 05-21-31-505-0000-0040):
1
Book 9535 Page 1778
Instrument# 2020015563
1. Office,
2. Dance, Music, Photographic, "Art, Yoga, Marital Arts Studios,
3. Personal Training Studio (not to exceed a total of 1,200 sf)
4. Hair and Beauty Salons (including nail salons),
5. Cleaners, Alterations, Tailoring and Shoe Repair,
6. Confectionery and Ice Cream Stores (not to exceed to 1,000 sf)
7. Coffee, Tea Shops, and Bakery (not to exceed 1,000 sf), and
8. Limited Retail uses as described below, not to exceed a total of 3,000 sf
combination:
a. Florist and gifts (not to exceed 1,200 sf)
b. Bicycle, Book, Jewelry, and Health Food Stores, (not to exceed
1,200 sf for each use)
C. Clothing Boutique (not to exceed 1,200 sf)
Development of the Property for any of the above -listed uses shall be subject to the
following additional restrictions:
1. Side Setback: The building setback from the side lot line abutting residential to the
west shall be a minimum of 25 feet. In addition, this setback area must include enhanced and
perpetually maintained landscaping, which shall include at least two additional canopy trees
to be installed at such time a building is constructed on the Property, in order to mitigate
the view of the building from the residential to the west.
2. There shall be no drive-throughs on the subject Property.
3. There shall be no outdoor music, outdoor performances, or outdoor audio devices, such
as outdoor speakers, on the subject Property.
4. Hours of Operation: Except for businesses engaging in office uses, no business
located on the Property shall be open for transacting business with customers between the
hours of 10:00 p.m. and 6:00 a.m. and nor shall the business receive products,
merchandise, clothing, supplies, or groceries via truck deliveries during these hours.
Notwithstanding, employees are permitted to work during these hours for the limited
purpose of closing the business for the evening and preparing the business for opening in
the morning.
5. There shall be no retail sales of alcohol and no retail sales, manufacturing, or
compounding of any products derived from the hemp plant or cannabis plant, including
2
Book 9535 Page 1779
Instrument# 2020015563
CBD (cannabidiol).
B. EFFECTIVENESS. Except as amended herein, the Developer's Agreement shall remain in
full force and effect. This First Amendment shall not be effective and binding until the latest date
that this First Amendment is approved and signed by all parties hereto. The term of this First
Amendment shall run concurrently with the term of the Developer's Agreement.
IN WITNESS WHEREOF, Owner and the City have executed this First Amendment as of the
day and year first above written.
Signed, sealed and delivered in the CITY OF WINTER SPRINGS, FLORIDA, a
presence of: political subdivision of the State of Florida
Name:
Name:
STATE OF FLORIDA
COUNTY OF SEMINOLE
Charles Lacey, = -
Date: 6 t Zz -
ATTEST:
By:
Christian Gowan, Interim Cify Cleric _ =
APPROVED AS TO FORM AND LEGALITY
For the use and reliance of the City of Winter Springs,
Florida only.
1��Date: �
By:
An . G ese, City Attorney for the
City of Winter Springs, Florida
The foregoing instrument was acknowledged before me by means of physical presence or
(__ ) online notarization, this 32" day of 2020, by Charles Lacey, Mayor of
THE CITY OF WINTER SPRINGS, FLORIDA, a murAcipal corporation, on behalf of the
corporation. He is or has produced as identification.
Boom 9535 Rage 1780
Instrument## 2G20015563
(NOTARY SEAL)
i;*r>�•.., CASEY NICOLE CARMAN
€ • Notary Public State of Florida
•; Commission h GG 372477
My Comm. Expires May 8, 2023
Bonded through National Notary Assn.
Signed, sealed and delivered in the
presence of the following witnesses:
Si lure of Witness
be,lrc i
Printed Name of Witness
..a�rc of itne�s
�Y�'e
Printed Name of Witness
STATE OF��, �p
COUNTY OF z rr J,qo c_
ry Public 5i i ure)
C_—A'��
(Print Name)
Notary Public, State of i c4 d
Commission No.: �'-,Q, '; S 2 Li 1-1
My Commission Expires: Make 0003
SEMINOLE TRAIL ANIMAL HOSPITAL,
INC.
na e and titled v, LAJa 4L • ^S �`" �R�S.
Date: V-1 -C
. D
The foregoing instrument was acknowledged before me by means of p�i sica p�esence or (�
online notarization, this hTJ day ofnr��?�, 2020, byh]/icrtr the
of Seminole Trail Animal Hospital, Inc., a Florida corporation, on behalf of
the corporation, who is personally known to me or produced F%v,0i i f Lcrvc
as identification.
(NOTARY SEAL)
Ylietw Fninq fi
9I rq State of F7flrlda
�ommissian Expires i01i712020
'�"` Camrnisslnn 14o. BG 3Ai
r
tury blic Sj'gnmur�
�G7�5►C i-`►��19 ��f■
(Print Name)
Notary Public, State of
Commission No.:
My Commission pires: /dAa 2AW
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.
4
Book 9535 Page 1781
Instrument# 2020015563
LEGAL DESCRIPTION OF PROPERTY
A PORTION OF LOT 4, TUSCAWILLA TRACT 15, PARCEL 1-C, AS RECORDED IN PLAT BOOK 56, PAGE
29-32, PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHWEST CORNER OF LOT 4, TUSCAWILLA TRACT 15, PARCEL 1-C, AS
RECORDED IN PLAT BBOK 56, PAGE 29-32, PUBLIC RECORDS OF SEMINOLE COUNTY, FLO[RDA, RUN
THENCE S00° 10'53"E, 65.18 FEET FOR A POINT OF BEGINNING;
THENCE SOUTH 49046'32" EAST, 202.51 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE
NORTHWESTERLY, HAVING A RADIUS OF 710.00 FEET; THENCE RUN SOUTHWESTERLY ALONG
SAID CURVE FOR AN ARC DISTANCE OF 254.33 FEET, HAVING A CENTRAL ANGLE OF 20°31'26" AND
A CHORD BEARING AND A DISTANCE OF SOUTH 53°46'I4" WEST, 252.97 FEET TO A POINT OF
COMPOUND CURVATURE OF A CURVE CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 710.00
FEET; THENCE RUN SOUTHWESTERLY ALONG SAID CURVE FOR AN ARC DISTANCE OF 5.02 FEET,
HAVING A CENTRAL ANGLE OF 00024'17" AND A CHORD BEARING AND DISTANCE OF SOUTH
64°l4'06" WEST, 5.02 FEET; THENCE DEPARTING SAID CURVE RUN NORTH 30122'39" WEST, 163.00
FEET TO THE WEST LINE OF SAID LOT 4, THENCE RUN NORTH 59-37-21" EAST, 157.87; THENCE RUN
NORTH 00°10'53" EAST, 62.01 FEET TO THE POINT OF BEGINNING.
SAID PARCEL CONTAINING 38,621 SQUARE FEET(0.89 ACRES), MORE OR LESS.
:'
_ - 1 u 111 1 _ 1 1■ 1 1 4' L■ 1 rl 1
1 L 1 11 I �� 1 1 1 � 1 ■
11 - II
1 r 1 ■_ ■ - � 1 .11 . L
1 t ti■ 1 1 II ��1 1 - - ■
1 1 = 1 - —
1 L r III 1
1 1 1 Al .I - 1
1 rr 11 3 e R-
■1 1 1 1 L
rIT ri ti - ■ 1 1 1 1
1 � V ■ -Iry
1 - ■ 1 11
1
l ti