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HomeMy WebLinkAboutTab 50 Tuskawilla Greens DA (Winter Springs Investments).pdfTHIS INSTRMENT WAS PREPARED BY: P-Mck K. R &a, Esquiro Lowndes, Drosdick, poster, Kantor & Reed, P.A. 215 North Bola Drive Post Olt'me Box 2809 Orlando, FL 32 O2-2gp9 (407) 843-460i And Anthony A. e, VY Attorney of Winter Springs AND S110LFLD URNED TO: Anthony Gargan i ttorney of Winter Springs Broom Garganose, ' -%,&a D' esta, P.A. 11I N. Otago Avenue, Su' Orlando, FL 32801 (407) 425-9566bb Ilion 111#NiflllfHlfplllflltHff ilf�N ipfl NOVA;' W,kU4 CLERK W UIRWIT LuW Mx mjr 1. CIxlt'Inl IN 01160 ells 0148 - 1611 114pgsi CLERK, S # 2009034475 WI: i tt a-.0 Qu:wFfjov 0111!1:ts PM RktARIP W 10..-s I p'o, ti0 Rkt-UNDED By J Erkenroth FOR RECORDING DEPARTMENT USE ONI,Y �'ELOPER'S AGREEMENT THIS REVE, LOPER'SEMENT (the "Agreement") is made and executed this 8th day of September, 2008, by and tween the CITY OF WINTER SPRINGS, a Florida municipal corporation (the "City"), address is 1126 East S.R. 434, Winter Springs, Florida 32708, and WINTER SPRINGS ESTMENTS, LLC, a Florida limited liability company (" WSI"), whose address is 1491 East S.1-, Unit 103, Winter Springs, Florida 32708. WI WHEREAS, WSI is the fee simple certain real property located within the City described in Exhibit "A" attached hereto "Property"); and SETH: (or has the contractual right to purchase) & County, Florida and more particularly rated herein by this reference (the WHEREAS, the Property, and the develo 1 Settlement Agreement by and between Florida County City dated June 16, 1993, as amended pursuant to a Agreement No. 1 dated April 1�4, 1994, as farther am Amendment to Settlement Agreement dated September 30,1� that certain Third Amendment to Settlement Agreement dated WHEREAS, WSi intends to develop an approximately as more particularly described and depicted on Exhibit " BF' a residential (condominium) community at a maximum density c "The Greens at TuscawilIa" (the "Project-% and 0082065U288081113745413 Book71601Page148 CFN#2009034475 ,roof, is subject to that certain te., a Florida corporation, and the ytain Amendment Settlement Pursuant to that certain Second further amended pursuant to Ober 28, 2007; and portion of the Property to as a single-family i units to be known as I WHEREAS, the remaining portion of the Property as more particularly described and depicted on Exhibit "C" attached hereto will be subject to a Conservation Easement in favor of the City and the St. Johns River Water Management District; and WHEREAS, pursuant to the approval of the City Commission on September 8, 2008 WSI desires to facilitate the orderly development of the Project on the Property as depicted in those certain ombined Preliminary/Final Engineering Plans for Tuscawilla Greens prepared by Dave .Schmi ngineering, Inc. under Job No. CHD 2, dated August 8, 2008 and approved by the Ci sion on September 8, 2008 (the "Plans") in compliance with the laws and regulatio off ity; and e City Commission has recommended entering into this Agreement with WSI for the d P ,;ent of the Project; and WHERE , the Fity and WSI desire to set forth the following special terms and conditions with res ear the development and operation of the Project. NOW, THE I , in consideration of the mutual promises and covcunnts contained heroin, the parties mutually a as follows: 1. Recitals. sing recitals are true and correct and are hereby incorporated herein by this reference. 2. Autlbori . Thi�greement is entered into pursuant to the Florida Municipal Home Rule Powers Act. 1--1C: 3. Obligations and Co"it eats. In consideration of the City and WSI entering into this Agreement, the City and WSI W7766agree as follows: (a) Utilities. The City i acknowledges and agrees that it currently has sufficient water and sewer treatmon apacity available to service the Property and shall provide such services to the P c �ictcd in the Plans. All water and sewer improvements required to service the as shown on the Plans shall be at WSPs expense. (b) Formation of Condominium 'on. WSI hereby acknowledges and agrees dud it shall form a mandatory coed" m association (the "Condominium Association") for purposes of maintaining au common areas, landscaping, streets, sidewalks, streetlights, regulatory signagFies cc signs, gates, walls, fences, recreational areas and stormwater drainage facisociated with the Project in accordance with chapter 718, Florida Statutes and �i applicable law. A separate Declaration of Condominium (the "Declaration") wi Mations. d and recorded among the Public Records of Seminole County, Florida to the formation of the Condominium Association and establish its rights, duties (c) Gated Community. The City hereby agr&she event that WSI provides reasonable evidence that the Condominium AssucQS&h4 been duly formed and incorporated under the laws of the State of Florida as a mandatory condominium -2- Book7160/Page149 CFN#2009034475 -i association With the authority and obligation to levy and collect regular and special assessznenta for the ongoing operation, maintenance and repair of any and all gates, recreational areas, streets, sidewalks, streetlights, regulatory signage and stormwa,ter drainage systems, and any other common areas located within the Project (hereinafter referred to as the "Private Roadway Improvements") and otherwise complies with the requirements of Section 9-157 of the Code, the City shall grant gated community status for Project. WSl acknowledges that the internal Project roadways comprising the Et2"2'1-1 'aadway Improvements are designed at W5I's request and sole risk with a forty wide right-of-way and do not meet City design standards as set forth in 47, 9-296, and 20-354(d)(10) of the Code, therefore such roadways shall not be a of die City roadway system (and must remain private) in the future. The Con Association shall have the obligation, at its sole cast and expense, to main it and replace (as necessary) the Private Roadway Improvements as describe�ie, which obligation shall run with title to the condominium units within the Project as 'danced in the Declaration, The Declaration shall also establish such access and ement rights in favor of the: Condominium Association and residents of the Projec y be necessary for the orderly use and development of the Project. City and other eov�.ital emergency, code enforcement, public and utility service personnel and vall be allowed access into the Project in accordance with Section 9-157(b) de. (d) Constr her. During the period from the date hereof through and until the completion of a construction of the Project, WSI shall have the right to maintain one (1) trailer on Property for use by its contractors and construction workers. WSI shall coordi location of the trailer on the Property with the City. (e) Tr Refuse Se . The City hereby agrees that trash and refuse pickup will be provided for each indivi idential unit, therefore no Project dutnpsters will be located on the Property as othe quired pursuant to Section 9-280 of the Code: (f) Buffer Walls d Femc hall install and maintain a six foot 6 tall decorative wrought -iron or simhlaz deco anon the Property S P rtY boundary adjacent to Winter Springs Boulevard. The fens. a object to the City' aesthetic review approval process and criteria which are set i ctions 9-600- through 9-606 of the City Code. V (g) Sidewalks. In consideration of a ation easement required to be conveyed by WSI hereunder, the off -site drain e ' ovements required under the Plans, and the conservation easements granted th tty pursuant to the aforementioned Third Amendment to Settlement the City Commission (ermined that it is in the best interest and welfare of the environment to exempt th at from the requirement to construct internal sidewalks In accordance with the terms lion 9-221(b) of the City Code. However, with respect to the external sidewalk along Winter Springs Boulevard, WSI shall complete construction of the side to the issuance of the first temporary or permanent certificate of occupancy for t q -3- Book7160/Page150 CFN#2009034475 (h) Model ni _Sales fFiice. The City hereby agrees that WSJ shall be Permitted to construct model condominium units under the following conditions: (i) The model condominiuun units shall be contained in a single building (the 'Model Building") and shall not exceed four (4) individual units. (H) The model condominium units shall remain under W81's ership and control until such time as a. final certificate of occupancy for each is issued under the conditions set forth below tth (iii) The model condominium units shall be constructed in a location bly acceptable to the City, and any associated parking, pedestrian activity er activities conducted by sales staff or the general public shall be ely segregated from construction activities to ensure safety, Vertical ctioe) shall not commence until stabilized access and fire protection is availop V. Prior to construction, the model condominium units shall be duly permitted by City in accordance with all City Codes. (v) ch time as the City Building official completes and approves a final inspec n the model condominium units, the City will issue a temporary certificate of oc . Said temporary certificate of occupancy shall be issued for the Model B ding as a whole, not by individual units. Occupancy of the model condominishall be limited to the sale and marketing efforts for the Project until a final cate of occupancy is issued for such units. In addition, WSI shall have the ngh utilize one garage inthe Model Building as a temporary sales office. (vi) At the reque t o Si or at such time; as the Project development is completed, whichever occur er the model condominium units shall be converted into permanent l mts and the City shall issue final certificates of occupancy for ea condominium unit; provided, however, that the City Building official e that such units are suitable for permanent residential occupancy an � p fiance with the City Codes. (i) Electric and Lighting Plan. all submit a proposed electric and lighting plan to the City at such time as the applic ation is provided to WSI by Progress Energy. No certificate of occupancy s issued for the Project until the lighting plan is approved by the City and street lights are ' lace in accordance with such plan. Approval of the electric and lighting plan sh oordinated with the Urban Beautification Manager and be subject to aesthetic evi ecordance with the terms of the Code. (j) —Sl2ecimen Trees. Approval of this Agre t he City Commission shall constitute approval of the removal of seven (7) specimen a 4" caliper or greater as depicted in WS1's landscape plans for the Project. -4- BoA7150/Pagel6l CFN#2009034475 Ili M Off -Site Easeme ts. WSI shall obtain and record any necessary easements for access to and maintenance of Off -site stonnwater ponds and conservation areas upon terms and conditions reasonably acceptable to the City. A copy of the recorded easements shall be promptly delivered to the City after recording. (1) tbacks. Pursuant to section 6-86 and 20-354(7) of the City Code, the setbacks for the Project shall be as set forth in the plans unless otherwise approved by the CitM"ission in writing. DdvQWay separation, Approval of this Agreement by the City Co an shall constitute ttppraval of the waiver of the minimum distance req s6or driveway openings onto the same street as generally required pursuant to Se -29 of the City Cade, and therefore driveway separation distances within the Project . in accordance with the Plans. (n) enc Ingress and Egress. WSI shall obtain and record an off -site easement in f the City for emergency ingress and egress in a location and upon terms and con ' i is reasonably acceptable to the City. The easement shall be a minimum of twenty (20) fec width. A copy of the recorded casement shall be promptly delivered to the Cr recording. (o) Exca� o f Golf Course for Fill Purposes. It is understood by WSI and the City that WSI in work with the owners of the Tuscawilla Golf Course property to obtain fill f e development of the Property by excavating portions of the 4�' and 10" fairways_ Su vction, if consented to by said owners, shall also be subject to permits issued bCity and any other applicable government permitting agency. It is fiuther understood Ln and the City that if the excavation is permitted by the City, the excavation are se incorporated into the Ott, and 101 fairways as bona fide water features as corn! on a well maintained golf course. 4. Representations of the Par City and WSI hereby each represent and warrant to the other that it has the power anda 49 execute, deliver and perform the terms and provisions of This Agreement and has take a sary action to authorize the execution, delivery and performance of this Agreement. ent will, when duly executed and delivered by the City and WSJ and recorded in the u words of Seminole County, Florida, constitute a legal, valid and binding obligation c against the parties hereto and the Property in accordance with the terms and conditions Agreement. WSI represents that it has voluntarily and willMly executed this Agreement fo s of binding the Property and the Condominium Association, and the members thereof, a terms and conditions set forth in this Agreement. 5. Successor and Assi ms. Tltis Agreement sh atically be binding upon and shall inure to the benefit of the City and WSI and their re successors and assigns including, but not limited to, the Condominium Association and. the ers thereof. The terms and conditions of this Agreement similarly shall be binding upon and shall run with title to the same. .5- Book7160/Page152 CFN#2009034475 6. Amendments, This Agreement shall not be modified or amended except by written agreement duly executed by both parties hereto (or their successors or assigns) and approved by the City Commission. 7. Kntire Agreement Thls Agreement supersedes any other agreement, Oral or written, and contains the entire agreement between the City and WSJ as to the subject matter hereof. s. �everahi i If any provision of this Agreement shall beheld to be invalid or urenfnr le y extent by a court of competent jurisdiction, the same shall not affect in any respect th or enforceability of the remainder of this Agreement. a n ctive Date, This Agreement shall become effective upon approval by the City Cum nli m xeculion of this Agreement by both parties hereto, 10. Recor 2, This Agreement shall be recorded in the Public Records of Seminole County, 11. Relatiunsht the Pa The relationship of the parties to this Agreement is contractual and WSI is endent contractor and not an agent of the City. Nothing herein shall be deemed to create enture or principal -agent relationship between the parties, and neither party is authorized t o� hall either party act toward third persons or the public In any manner, which would indicate relationship with the other. 12. Soverei n Imm,uni thing contained in this Agreement shall be construed as a waiver of the City's right to cove munity under Section 768.29, Florida Statules, or any other limitation on the City's potenti liab'lity under the state and federal law. As such, the City shall not be liable, under this Agreeme punitive damages or interest for the period before judgment. Further, the City shall not b Or any claim or judgment, or portion thereof, to any one person for more than one hund usand dollars ($100,000.0o), or any claim- or judgment, or portion thereof, which, when t 'th all other claims or judgments paid by the State or its agencies and subdivisions arising u e6ame incident Or Occurrence, exceeds the sum. of two hundred thousand dollars ($200.00 . t1]- l3. C ]U's Ro ice Power, WSI agrees all police powers granted to the City by law. In no City bargaining away or surrendering its police pov ld- Interpretation. The parties hereby afiretn Participated equally in the drafting of this Agreement and regarding the interpretation to this Agreement in the event of ledges that the City hereby reserves this Agreement be construed as the 15. Permits, The failure of this Agreement to ad state, and/or federal permit, condition, term, or restriction shall necessity of complying with the law governing said permitting restriction. .6- Book7160/Pagel M CFN#2009034475 3owledge that they have both shall be favored or disfavored I c between the parties. particular City, county, • WSI or the City of the )MR, conditions, term, or 16. Third -Party Ri hta. This Agreement is not a third -party beneficiary contract and shall not in any way whatsoever create any rights on behalf of any third party. 17, Snecific Performanee. Strict compliance shall he required with each and every provision of this Agreement. The parties agree that failure to perfonn the obligations provided by this Agreement shall result in irreparable damage and that specific performance of these obligations may be obtained by a suit in equity, is. torne 's Fees. In connection with any arbitration or Iitigation arising out of this A en , prevailing party shall be entitled to recover reasonable attorneys fees and costs thro ppeals to the extent permitted by law. O I9, V to ment Perulits. Nothing herein shall limit the City`s authority to grantor deny any de t permit applications or requests subsequent to the effective date of this Agreement. Th t urc ❑'this Agreement to address any particular City, C:oonty, State and/or federal permit, candi erm or restriction shall not relieve WSI or tlrc City of the necessity of complying with ttm verning said permitting requirement, condition, term or restriction. Without imposingtation on the City's police powers, the City reserves the right to withhold, suspend, or ierm�r7�any and all certificates of occupancy for any building or unit if WSI is in breach of any t ndition of this Agreement, 20• xorm.._ inailon. a City shall have the unconditional right, but not obligation, to termr inatc this Agreement, otics or penalty, if WSI fails to receive building permits and substantially commences c truction of Project within three (3) years of the effective date of this Agreement. In addition, th shalt have the right, but not obligation, to terminate the Agreement if WSI permanently a s construction of the Project, provided, however, the City shall first deliver written notice an opportunity to cure as set forth in paragraph 23.0 herein. If the City terminates this Agre the City shall record a notice of termination in the public records of Seminole County, Flor 21. Applicable Lbw: Penuc. accordance with the laws of the State of exclusively in Seminole County, Florida, for a based upon this Agreement, and in Orlando, arise out of or are based upon this Agreement. ent shall be governed by and construed in ,The parties agree that venue shall be �s utes or actions which arise out of or are t� .I! federal disputes or actions which 22. Default: Unnortunity to Cure. Shaul y desire to declare the other Party in default of any term and condition of this Agr , the non -defaulting party shall provide the defaulting party a written notice of default r wri erg notice shall, at a minimum, state with particularity the nature of the default, the manner ' w ch the default can be cured, and a reasonable time period of not less than thirty (30) days i the default must be cured. No action may be taken in a court of law on the basis that r h of this Agreement has occurred until such time as the requirements of this paragraph have �tisfied. -7- Book7160/Page154 CFN#2009034475 I IN WITNESS WHEREOF, the parties have hereunto set their hands and seal on the date first above written. f CITY OF WINTER SPRINGS i By: �y E 4JF. Bush, Mayor : ATTEST: O By: Andrea o Lu cqN City Clerk APPROVED AS TO FORM AND LEGALITY For the use and relimce of the City of Winter Springs, Florida, only. CITY SEAL Dated: `� �J Q L� By: g Anthony Garganese, City Attorney for the City of Winter Springs, Florida STATE OF FLORIDA COUNTY OF SEMINOLE Personally appeared ore me, the ed authority, J/,and and Andrea Lorenzo Luaces, well 11 o t❑ me to be the City Clerk ref the City of Winter Springs, Florida anal acknowledged that theye foregoing instrument on behalf o c City of Winter Sprin a act andat they were duly authorized to d so.. \caWitness y hand and official seal this da , 2008. (NOT SEAL) .8- Book7160/Pagel55 CFN#2009034475 el Signed, sealed and delivered in the presence of the following witnesses; WINTER SPRINGS INVESTMENTS, LLC, a Florida limited liability company By: 4,-- �n Thomas J. C kery. Mang &f1d STATE OF FLO DA COUNTY OF The foregoing in, t was acknowledged before me this 1 s ' -' ay of o-f 20 9, as J. Corkery, as Manager of Winter Springs Investments, LLC, Florida limited liability y, on behalf of said company, He is personally known to me or produced as identification. (NOTARY SEAL) 1WNy..�.N.�y.y.Qy.�..,..a�{��M{�MM�Of Ewbw SK7=12 . •• .. ............ ................� .9- Book7160/Page156 CFN#2009034475 Exhlblt "A" A PORTION OF LOTS 5, 6, 7 AND B. THE EAST PART OF PHILIP R. YOUNG GRANT, SOUTH PART, AS RECORDED IN PLAT BOOK 1, PAGE 38, OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA. LYING IN SECTION 7, TOWNSHIP 21 SOUTH, RANGE 31 EAST, 81WINOLE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS COKVENC T THE MOST WESTERLY CORNER OF TRACT 'C", ARROWHEAD AT TUS UNIT 2, AS RECORDED W PLAT BOOK 48, PAGES 52-54 IN THE PUBLIC RECO MINDLE COUNTY, FLORIDA; THENCE SOUTH 89'58'36' EAST, A ❑ISTAN 60 FEET ALONG THE NORTH LINE OF SAID TRACT "C" ALSO BEING THE SOUTH R WAY LINE OF WINTER SPRINGS BOULEVARD RECORDED IN OFFICIAL RECORDS 1057, PAGES 1642 THRU 1644, OF THE PUBLIC RECORDS OF SEMINOLE NTY, F} ,ORIDA; THENCE LEAVING SAID ARROWHEAD AT TUSCAWILLA- UNIT 2 RUN SOUT 9°58'36" EAST, A DISTANCE OF 986.28 FEET ALONG SAID SOUTH RIGHT OF WAY'* A WINTER SPRINGS BOULEVARD TO THE POINT OF BEGINNING; THENCE CONTI TH 89058'36' EAST ALONG THE SOUTH RIGHT OF WAY LINE OF WINTER SPRING ULEVARD, A DISTANCE OF 299.33 FEET TO A POINT OF CURVATURE OF A CIR AR CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 2,292.44 FEET, A CE GLE OF 1602249" AND A CHORD DISTANCE OF 653.15 FEET AND A CHORD G OF SOUTH 81'4T12' EAST, THENCE EASTERLY ALONG THE ARC OF SAID CU )STANCE OF 655.38 FEET TO A POINT ON THE WEST BOUNDARY LINE OF CH RC AT TUSCAWILLA PHASE II AS RECORDED IN PLAT BOOK 46, PAGES 64-65 1 BLIC RECORDS OF SEMINOLE COUNTY, FLORIDA: THENCE ALONG THE WES O NDARY LINE THE FOLLOWING SIX COURSES AND DISTANCES: SOUTH 2V47' W A DISTANCE OF 14.62 FEET, THENCE SOUTH 17437'28" EAST, A DISTANCE Y8 FEET; THENCE SOUTH 36'07'55' WEST, A DISTANCE OF 67.49 FEET; THE RTH 76926'55" WEST, A DISTANCE OF 72.69 FEET; THENCE SOUTH 51'59`49' WEST, DISTANCE OF 77.50 FEET; THENCE SOUTH 22'25'15' WEST, A DISTANCE OF 148.00 FE POINT ON THE WEST BOUNDARY LINE OF CHELSEA PARC AT TUSCAWILLA PH AS RECORDED IN PLAT BOOK 46, PAGES 82- 83 IN THE PUBLIC RECORDS OF SE COUNTY, FLORIDA; THENCE ALONG THE WEST BOUNDARY LINE THE FOtLO G O COURSES AND DISTANCES: SOUTH 22.25'15" WEST, A DISTANCE OF 128. THENCE SOUTH 01'02'05" FAST, A DISTANCE OF 20.29 TO A POINT ON W OUNDARY LINE OF FOX GLEN AT CHELSEA PARC, TUSCAWILLA AS RECORD I&T 1300K 49, PAGES 78-82 IN THE PUBLIC RECORDS OF SEMINOLE COU THENCE ALONG THE WEST BOUNDARY LINE THE FOLLOWING TWO CO DISTANCES: SOUTH 01002105" FAST, A DISTANCE OF 94.59 FEET TO A POIN ATURE OF A NON TANGENT CURVE CONCAVE NORTHEASTERLY HAVING A S OF 55.84 FEET, A CENTRAL ANGLE OF 64'09'37" AND A CHORD DISTANCE 0 EET AND A CHORD BEARING OF SOUTH 33'06'57" FAST; THENCE SOUTHEASTER NO THE ARC OF SAID CURVE A DISTANCE OF 62.63 FEET; THENCE DEPARTING T UNDARY LINE OF FOX GLEN AT CHELSEA PARC, TUSCAWILLA NORTH 8T'21' ' , A DISTANCE OF 559.92 FEET; THENCE NORTH 67055'28" WEST, A DISTANCE 0 6.13 FEET; THENCE SOUTH 23-12'11" WEST, A DISTANCE OF 69.56 FEET; THENCE%DOF 7'49' WEST, A DISTANCE OF 151.45 FEET; THENCE NORTH 23'12'11" ENCE OF 115.99 FEET; THENCE SOUTH W44'14' EAST, A DISTANCE OF HENCE NORTH 00.15'46" EAST, A DISTANCE OF 116.55 FEET; THENC13'03- EAST, A DISTANCE OF 11.74 FEET, THENCE NORTH 00'24'38' EAST, 183.86 FEET; THENCE NORTH 00'26'43" EAST, A DISTANCE OF 193.THE POINT OF BEGINNING. Book7l60/PAgel57 CFN#2009034475 BEARINGS S}IONN HEREON ARE BASED ON THE SOUTH BCUNOARY LINE OF CN£i5£A PARC AT TUSCAMLLA PHASE AS BE= NSSIV45'W. PER PLAT OF COND[71JEN9Jm MRCEL THE GRfEN.S Al 7USCAINLLA DATE: W F Wb1UB scuF.-N-6A APPRDVPD BY: CJS JDB NO._rv��u DRANK BY1 , UH EXHIBIT i. DESCRIPTTON: A PORTION OF LOTS 5. 6, 7 AND 8, THE EAST PART OF PHILIP R. YONGE GRANT, SOUTH PART, AS RECORDED IN PLAT BOOK 1, PACE 38, OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA. LYING IN SECTION 7, TOYMSHIP 21 SOUTH, RANOL4 CAST, SEMINOLE COUNTY, FLORIDA, 8EING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCEJBOD 'EST CORNER OF LOT 1D, CHELSEA PARC AT TUSCAIVILL_A PHASE 1, AS RECORDED IN PLAT BOOK-63: THENCE ALONG THF• SOUTH LINE OF TRACT A. CHELSEA PARC AT TUSCAWILLA PHASE I, PLAGES 82-53 NORTH 65'11'45' WEST, A DISTANCE OF 105,09 FEET; THENCE DEPARTINGTHE SOUTH A, CHELSEA FARC AT TUSCAWILLA, PHASE I, PLAT BOOK 45. PAGES 82-83 NORTH 87'21'25" WOOF 529.83 FEET TO THE POINT OF BEGtHNING; THENCE NORTH 87'21'25" WEST, A DISTANCE OENCE NORTH 67'55'28' WEST. A ❑ISTANCE OF 136.13 FEET; THENCE SOUTH 23'12'T1"WEST. A DISFEET; THENCE NORTH 68'47'49" WEST, A DISTANCE OF I51.45 FEET; THENCE NORTH 23'12'11" EAF 115.99 FEET; THENCE SOUTH 89'44'14" EAST, A DISTANCE nF 75 I3 FEET; THENCE NORTH 00'1DISTANCE OF 116.55 FEET; THENCE NORTH 61'13'03" EAST, A DISTANCE OF iT.74 FEET: THENCE NORTH 0024'38° *IA101111STANCE DF 183.86 FEET; THENCE NORTH 00'26'43" EAST. A DISTANCE OF 193.64 FEET TO A POINTTH RIGHT OF WAY UNE OF WINTER SPRINGS BOULEVARD. THENCE ALONC THE SOUTH RIGHT OF WAY LINOWING TWO COURSES AND DISTANCE$: SOUTH 89'58'35" EAST, A DISTANCE OF 299.33 FEET TO A POINT URE OF A CIRCULAR CURVE CONCAVE SOUTHERLY HAVINO A RADIUS OF 2.292.44 FEEL A CENTRA16'22'49" AND A CHORD DISTANCE OF 653.15 FEET WHICH SEARS SOUTH 81'47'12" EAST; THENCE EASTER%r4TH ARC OF SAID CURVE R DISTANCE OF 6553f3 FEET; THENCE OEPAR71UG THE SOUTH F2fGH T 0TI i 29'47'02" WEST, A DISTANCE OF 7.71 FEET TO A POINT OF CURVATURE OF A NON-TANGENVE SOUTHERLY HAVING A RADIUS OF 2,284.83 FEET, A CENTRAL ANGLE OF 05'35'44" AND A CHF 223,72 FEET WHICH BEARS NORTH 7626'50' WEST; THENCE WESTERLY ALONG THE ARC OF STANCE OF 223.81 FEET; THENCE SOUTH 09.07'15" WEST, A DISTANCE OF 66.53 FEET; THEN53" WEST, A DISTANCE OF 52.70 FEET; THENCE SOUTH 45'05'20' WEST, A "STANCE OF 29.23 FE61109'O5" PEST, A ❑ISTANCE OF 56.32 FEET TO A POINT OF CURVATURE OF A CIRCULAR CUUTHERLY HAVING A RADIUS OF 6.00 FEET. A CENTRAL ANGLE OF 34'30'26" AND A CHORD DISTANCE OF 3.56 FE • ICH BEARS SOUTH 81'35'42" WEST; THENCE WESTERLY ALONG T11C ARC OF SAID CURVE A DISTANCE OF 3. . THENCE SOUTH 82'00'33" WEST, A DISTANCE OF 9.79 FEET; THENCE SOUTH 57'37'26" WEST, A DISTANC .03 FEET TO A POINT OF CURVATURE OF A NON -TANGENT CURVE CONCAVE NORTHWESTERLY HAVING A [US OF 53.50 FEET, A CENTRAL ANCLE OF 103'33'10' AND A CHORD DISTANCE OF 84.05 FEET WHICH SEARS So 1'29'22" WEST; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 96.69 FEET; THE TH 8W44'03' WEST, A DISTANCE OF 47.98 FEET; THENCE SOUTH D31S`57" WEST, A DISTANCE OF 43.88 F£ E NORTH 6"'44'O3" WEST, R DISTANCE OF 10F..O2 FEET; THENCE NORTH 89'2i'28" WEST, A DISTANCE OF 91. THENCE SOUTH Ofl24`22" YuE5T, A DISTANCE OF 161.Ti1 FEET; THENCE NORTH 89'35'38" WEST, A DISTANCE I F. THENCE SOUTH, A DISTANCE OF 14.84 FEET; THENCE SOUTH 4d57'19" EAST, A DISTANCE OF 31,80 ENC£ SOUTH, A DISTANCE OF 43,01 MEET; THENCE SOUTH 02'25'08" WEST, A DISTANCE OF 71.09 FEET; T CE H 65'21'28" WEST, A DISTANCE OF 28.47 FEET: THENCE SOUTH 345534" WEST. A DISTANCE OF 23.32 FE 10 SOUTH 35-14'36" WEST, A DISTANCE OF 38.42 FEET. THENCE SOUTH 00'16'24" EAST, A DISTANCE OF 7.2 D THE POINT OF BEGINNING. CONTAINING 6.48 ACRES (282.171 SQUARE FEET). MORE OR L In accordance wit - 017-6 of the Florida AdrnIn qS Code. this Description and Sket oncrip bears the net' THIS IS NOT A ArVIER1GAN ����EYING & MAPPING INC. CCRTFICATION OF AUNC 3IAAON 911UM 4pg2M WA R- ORLAHo4 AL[, SLIT£ D W"T©e PAi1C, FLMLTA 327✓<B (117) 428-7079 wNW.ASiR[CA1+iF.45EryitG4lDv�YFN3.COY It%WUFWO7 AINO/TUODAWDIACDUMRrRVo'd.q,TbnlDICDRSERVA'TION MQ MMOMUM goad, , 14"MtjLj0OM. I, Book7160fPage158 CFN#2009034475 SHEET 1 OF 2 SEE SHEET 2 OF 2 FOR SKETCH 1. THE SURVEYOR HAS NOT A9STRACTED T11E LAND SHOWN HEREON FOR EASEMENTS, RICHT OF WAY, RESTRI"QNS OF RECORD ftjoK MAY AFFECT THE TITLE OR USE; or inc LAND 2. NG UAPROWNENTS HAVE BEEN LOCATED, DT VALIO WTHOUT 7NE SWATURE AND TH WVNAL USED SEAL or A FLORIDA F SED SURVEYOR AND JAAPPER. ,A COLUAlEN7 Ct HM7S OF 2 SHEETS, GENEL J. STURGEON. PSM 5866 DATE -_ L SKETCH OF DESCRIPTION: WNDO►IMUM PARCEL THE GREENS AT WSCAIAILA d f° N0015 116.5 u 183.06' SOO'24'22'w i 161.61' Z GR . PHiSCALE LEGEND R °ELATES RA �T A °ENDTEs anvil L D WTES ARC�1. r` V cm If WES C ROD CD E73iOTE3 NON I � NE OOiDTES NON TAH �iq�.'SIR9 1�rSO1 i»Eiiirwri� mom SHEET 2 OF 2 A M IY IR I cA IV SEE SHEET 1 OF 2 FOR DESCRIPTION `3 V FtN/EYI N G DATE:. 07 2502 — REV15E°I 8L MAPPING INC. '�"120� OFV faisc W MFQAIK I Or na ICKAnan aUMMA L50303 APPROWD BY: °JS IRTG A. OFLA M ALE. SUITE 8 MNMR 1'M!C F1aanR 2230 422 JOB NO. 7070901 c7270 MMMCOu MAxAwE"4$0Uj DRAW T1Y. UP iGGi0r70N07aN1T4YCMA1LLA0DUN1RYOlUNuy11070Aa160YSQiVAIIDN MN COIIUCi1MW �70Aq, 11Nm0i lr�r+L tit Book71601Pagel59 CFN#2009034475 w r I 'S29'47'i}2"W LEGIBILITY UNSATISFACTORY ,EOR SCANNING :EXHDT- DESCRIP710N.- A PORTION LAND LUNG IN LOTS 6 AND 7, THE EAST PART OF PHILIP R. YONGE GRANT, SOUTH PART, AS RECORDED IN PLAT BOOK 1. PAGE 38, OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA. SECTION 7, TOMSHIP 21 SOUTH, RANGE 31 EAST, SEMINOLE COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIDEO AS FOLLOWS; COMMENCE AT THE T14ERLY MOST CORNER OF LOT 30, CHELSEA PARC AT TUSCAWILLA PHASE 11 AS RECORDED IN PLAT BOOK 46, PA 4 AND 65 IN THE PUBLIC RFCCORDS OF SEMINOLE COUNTY, FLORIDA; THENCE SOUTH 2447'02' WEST, A ❑1ST I FEET TO Ti1E POINT VF BEGINNING; THENCE SOUTH 29'47'02" WEST. A DISTANCE OF 8.90 FEET; THENCE TH 1 ' '28" EAST, A DISTANCE OF 70.78 FEET; THENCE SOUTH 36'07'55" WEST, A 015TANGE OF 67.49 FEET; THENCE 8'55" WEST. A DISTANCE OF 72.69 FEET] THENCE SOUTH 51°99'49" WEST. A DISTANCE OF 77.50 FEET; Tiff N 22'25'15" WEST, A DISTANCE OF 276.24 FEET; THENCE SOUTH 01'02'05" EAST, A DISTANCE OF 114.88 FEET T QFj CURVATURE Of A CIRCULAR CURVE CONCAVE NORTHEASTERLY HAMNG A RADIUS OF 55.84 FEET, A CEN L LE OF 6COS'{3" AND A CHORD DISTANCE OF 59.32 MEET WHICH BEARS SOUTH 33'05'51` EAST; THENCE SOU ALONG THE ARC OF SAID CURVE A DISTANCE OF 82,53 FEET; THENCE NORTH 87'21'55" WEST, A DISTANCE 4i= S T. THENCE SOUTH 46'55'04" EAST, A DISTANCE OF 12.42 FEET; THENCE SOUTH 44SB'25" EAST; A DISTANCE OF 2 EET; THENCE SOUTH 3935'48" EAST, A DISTANCE OF 25,27 FEET; THENCE SOUTH -0-30'15" WEST, A DISTANCE OF 16. FEE PACE SOUTH 00'1s 34' EAST, A DISTANCE OF 58.92 FEET TO A POINT OF CURVATURE OF A NON-TANGEN RYE CONCAVE NORNWESTERLY HAVING A RADIUS OF 26.02 FEET, A CENTRAL ANGLE OF 8557'26" AND A CHORD OF 3'%48 FEET WHICH BEARS SOUTH 3B'06'26" WEST; THENCE SOUTHWESTMI.Y ALONG THE ARC OF SAID CU ITANCE OF 39.04 FEET; THENCE NORTH 83'07'445" VILEST, A DISTANCE OF 31.77 FEET; THENCE NORTH 56'3O'35 , A DISTANCE OF 56.6.3 FEET; THENCE NORTH 75'4224` WEST, A DISTANCE OF 52-15 FEET; THENCE SOUTH 89" 53' 7, A DISTANCE OF 61.06 FEET; THENCE NORTH 62'58'37" WEST, A DISTANCE OF 92.94 FEET; THENCE SOUTH 82'35'27" T, A 0 STANCE OF 41.28 FEET; THENCE SOUTH 60'08'0H" WEST, A DISTANCE OF 23.84 FEET; THENCE NORTH @3 'T, A 015TANCE OF 46,15 FEET; THENCE NORTH 17'19'33" EAST, A DISTANCE OF 28.23 FEET; THENCE NORTH 79 ST, A DISTANCE OF 95,95 FELT; THENCE NORTH 22'52'03" MST, A DISTANCE OF 32.74 FEET, THENCE NOFITH 2B'38 A DISTANCE OF 17.18 FEET; THENCE NORTH 87'21'20" WEST, A DISTANCE OF 171.60 FEET; THENCE NORTH 00'16' A A OISTANCE OF 7.23 FEET; THENCE NORTH 35'14'35" EAST, A DISTANCE OF 38.42 FEET, THENCE NORTH 34'55'3 ISTANCE Or 23.32 FEET; THENCE NORTH 5511'28' EAST, A DISTANCE OF 2R.47 FEET; THENCE NORTH 02-25'O6" DISTANCE OF 71.09 FEET; THENCE NORTH G017O'DO" WEST, A DISTANCE OF 4101 FEET; THENCE NURUH 7'19" WEST, A DISTANCE OF 31.50 FEET; THENCE NORTH OD'OO`00" BEST, A DISTANCE OF M114 FEET, THENCE SOUTH B9'35' 5 ST, A O1STjiNCE OF 41.03 FEET; THENCE NORTH 00'24'22' EAST, A DISTANCE OF 161.61 FEET; THENCE SOUTH 89'2T. A DISTANCE OF 91.29 FEE'.; THENCE SOUTH 86'44b3' EAST, A DISTANCE OF 108.02 FEET; THENCE NORTH 03'3 AST, A- DISTANCE OF 43.89 FEET; THENCE SOUTH 86.44'03" EAST, A DISTANCE OF 47,68 FEET TO A POINT OF CUR URE OF A CIRCULAR CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 53.50 FEET. A CENTRAL ANGLE OF 103.33' D' A CHORD OISTANCE OF 84.03 FEET WHICH BEAUS NORTH 41'29'22` EAST; THENCE NORTHEASTERLY ALONG THE C SAID CURVE A DISTANCE 4F 96.69 FEET TO A LINE BEING NOT -TANGENT; THENCE: NORTH 57'37'26" EAST, A O1 F 17.03 FEET; THENCE NORTH 8Z'OO'33' EAST, A DISTANCE OF 9.79 FEET TO A POINT OF CURVATURE OF A aRCU E BEING NON -TANGENT AND CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 6.QO FEET, A CENTRAL ANGLE OF '3 " AND A CHORD DISTANCE OF 3.56 FEET WHICH BEARS NORTH 813S4.2" EAST, THENCE ALONG THE ARC OF SA1 DISTANCE OF 3.61 FEET TO A POINT OF TANGENCY; ITIENCE SOUTH 81'09'05' EAST, A DISTANCE OF 55.x2 FEE ORTH 45*05'20" EAST. A DISTANCE OF 29.23 FEET; THENCE NORTH 39'50'5Y EAST, A RISTANCE OF 52.70 FEET, NORTH 09'07'15' EAST A DISTANCE OF 66.53 FEET TO A POINT OF CURVATURE OF A CIRCULAR CURVE BEING NO - AND CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 22U88 FEET, A CENTRAL ANGLE OF 05'36'44" AN DI ANCE OF 223.72 FEET WHICH BEARS SOUTH 78'26'50" EAST, THENCE ALONG ME ARC OF SAID CURVE A Oi5 CF�F 3All FEET TO THE POINT OF BEGINNING. CONTAINING 6.37 ACRES (277.443 SQUARE FEET), MORE OR LESS. In accordance with 'f 17--6 of the Florida Adminis t Code, this Description and Sketc bears the notatl THIS IS NOT A S Y. BEARINGS SHORN HEREON ARE BASED ON 711E WEST BOUNDARY LNE OF CWASEA !'ARC AT TUSDAVALLN PHASE 11 AS BEING 52275'15'W, PER PLAL CC+MRVATl0N EASEMENT TUSGAVALL1 COUNTRY CLUB DATE: Ob SCALE. C-150' APPROVED BY. in . - JOB No, 7070913 BRAWN BY; OJS A5hA Q AMBRI<-,AN SU RvEYIr NG & MAPPING INC. CMMCAM IF X)DMAUAQDN NOZI" Lfta= 113" H. 61>tmllop AVE, 6l x u NWRX PA". FLOMDA await 440 42a-7979 mnv.ANrnlcrwsu vr:rraculollAPFln4r�le SHEET 1 OF 2 SEE SHEET 2 (F 2 FOR SKETCH 1, THE 511MYOR HAS KOT ABSTRACTED THE FAND SHDWN HEREON FOR EASENENTS, RMT OF WAY, RES1RICEION5 OF RECORD VH1CH MAY ECT 111 1111E OR USE OF 111E LA"' 2. O IRiPR{)VENENTS HAVE aEEN LOOATEO. OT VAUD WITHOUT THE SIGNATURE AND IGHAL RAISED SEAL OF A MORIDA SI1i WYOR ANL 11APPER. II OGUMNT CONSISTS OF 7 SHEETS. Book7160/Page160 CFN#2009034475 SKETCH OF DESCRIPTION: CONW WA110N EASEMENT TUSCAKLA COUNTRY CLUB - - f N951+': Vo 39.41' LOT B TNL EASY PART OF PAup M YONCE W?,WT. SOUTH PART RA] 11= 1. MOL all �SlS i4'aa'� TNT tw3,m' 47. R-SAD' A.�4'JO'Ta' n L-4a.64' CB-Ntl133'4Y'E 71'7B-E ll;tS' SESii` RbSiyo' pi{.dbb' TOr> 02m•tosxs'tO' CR-1141',!0'14"E CR-54.05' tMt !�llft rA�1 I fir 4k r „oti ai a-2zaati' ' � sa�77ez`rr Rr22ae.es' L+ � +x3-sra7a'so•E 44 NON-TARGF11r � � w.Y POINT OF $*WOO ■ r+ra s3 MTr. r, \,� u ■ wr�t�" a o�x •+',ls,"aa ,1� jF Zy.- w y�,4■va' 0 1 uof •. lot ate.. PROPOSED CONSERW ON SEMENT Re, f441T37iY'W x77.445 JI.Sp' a.S7 u r4 IAI 11 l4S/ �h y W l: �-IELSEA PAAC a AT MCA*" PHASE t � u -(7ur eea iS aft-1u1 wr w L-a2.7y3' R-SO.SS' ---' d�6i'pa'iY' Ft11t 4LEN"" AT CN4ISSA PARC. C5�53Sa5'S � HD�ia�i'AHOEIar LAT M % PIPMM rho) � Lta LOT 7 Le 1 ZHF r AiT PART OC PRIUP R. P{.Ai of 41MK 11! J7 !1a a53 �70 iasti W TUSCAULLA COUNTRY CUD COLF COARSE LEGEND Ha9`rAF R DENOTES RADIUS DENOTES CENTRAL ANGLE L DENOTES ARC LENGTH CH DENOTES CHORD LENGTH CB DENOTES CHORD BEARING NT DENOTES NON TANGENT SHEET 2 OF 2 SEE MEET t OF 2 FOR OATS..5/flfi/OS F42 SCALE 1�150APPROVED BY: Joe No. 707oprlr ORA'NN Dr, CJS LINE TABLE LINE BEARING LENGTH Ll S29.47'02'W 6.90' LE R}EMY55'W 2%76' L3 st5'55'04'E 12A2' L4 S+4.06-25`E 27,fi8' 1.5 S34.394E'E 25.r?7' L6 S73'30'18'V L6.37' L7 N83.07'45'W 31.77' L8 N FA-35-51 56.G3' L9 N7S'42'24'W 5elf L10 S89'49'53W 61r16' LU N62'56'37'W 99.94' LIR 9$2'35'27'W 41,E6' L13 SrhV'0G'O9'V 23,134' L14 N83'097i'W 46.15 LI5 N37*IV33'E 2823' LI5 N79.3-D'21'E 57.95' Liz N22'52'87W 3874' LIB NEWSS'L4'V 1LIO' L.19 NOO'li%?A'W 7.23' L20 N57.37'26'E 17.03' L21 N82.Oo'33'E 797 L.22 S91.0941WE 5G.32' L23 N45'd5'WE 99.23' L24 I N39.50'53'E 52,77 ERl CAN REYI MG RL ST EV AAPPING INC.� oti REY HIM CMFIrA ota GRLANAd AUtWORZATOW % SN,II M R I>OJM 13 WAXPt FAF64 MORpA .4aMP 08-7070 www.AvicefeAliau �xvaAxouaPPnaeow FOR SCANNING Book71601Page161 CFN#2009034475 9ii A4111iLIALULda61 M IL11141HILLihibi THIS INSTRUMENT WAS PREPARED BY: George L. Hayes III, Esquire The Hayes Law Group, P.A. 4701 Central Ave St Petersburg, FL 33713 (727) 381-9026 And Anthony A. Garganese, City Attorney of Winter Springs AND SHOULD BE RETURNED TO: Anthony Garganese, City Attomey of Winter Springs Brown Garganese, Weiss & D'Agresta, P.A. 11 I N. Orange Avenue, Suite 2000 Orlando, FL 32801 (407)425-9566 MRYMNNE MORSE, CLERIC OF CIRCUIT OWRT SENINOLE Cf� i V SK 07671 Pqs 1 M - 1299I O&Ns1 CLERKT S 0 2011 128 15 1EMpIED 1112 /6'4011 10:53:14 AN RMIRDINS FEES 137.50 scc�DFD BY ,i Eckenr eth ia11I DEVELOPER'S AGREEMENT FOR RECORDING DEPARTMENT USE ONLY THIS DEVELOPER'S AGREEMENT (the "Agreement") is made and executed this DIM)- day of October, 2011, by and between the CITY OF WINTER SPRINGS, a Florida municipal corporation (the "City"), whose address is 1126 East S.R. 434, Winter Springs, Florida 32708, and MORGRAN GREENS, LLC, a Florida limited liability company("MORGRAN"), whose address is 450 N. Wymore Rd., Winter Park, FL 32789. WITNESSETH: WHEREAS, MORGRAN is the fee simple owner of certain real property located within the City in Seminole County, Florida and more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference (the "Property"); and WHEREAS, the Property, and the development thereof, is subject to that certain Settlement Agreement by and between Florida County Clubs, Inc., a Florida corporation, and the City dated June 16, 1993, as amended pursuant to that certain Amendment Settlement Agreement No. 1 dated April 14, 1994, as further amended pursuant to that certain Second Amendment to Settlement Agreement dated September 30, 1995, as further amended pursuant to that certain Third Amendment to Settlement Agreement dated November 28, 2007, as further amended pursuant to that certain Fourth Amendment to Settlement Agreement dated September 8, 2008, and as further amended pursuant to that certain Fifth Amendment to Settlement Agreement dated October 10, 2011; and WHEREAS, MORGRAN intends to develop an approximately 6.48 acre portion of the Property as more particularly described and depicted on Exhibit "B" attached hereto as a single- family residential (townhome) community at a maximum density of sixty (60) townhouses to be known as "The Greens at Tuscawilla" (the "Project"); and 0082065\128808\1137454\3 WHEREAS, the remaining portion of the Property as more particularly described and depicted on Exhibit "C" attached hereto will be subject to a Conservation Easement in favor of the City and the St. Johns River Water Management District; and WHEREAS, pursuant to the approval of the City Commission on October 10, 2011 MORGRAN desires to facilitate the orderly development of the Project on the Property as depicted in those certain Combined Preliminary/Final Engineering Plans for Tuscawilla Greens prepared by Dave Schmitt Engineering, Inc. under Job No. CHD-2, originally dated September 2007, as revised per City of Winter Springs on August 15, 2011 (noted on cover page) and approved by the City Commission on October 10, 2011 (the "Plans") in compliance with the laws and regulations of the City; and WHEREAS, the City Commission has recommended entering into this Agreement with MORGRAN for the development of the Project; and WHEREAS, the City and MORGRAN desire to set forth the following special terms and conditions with respect to the development and operation of the Project. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties mutually agree as follows: 1. Recitals. The foregoing recitals are true and correct and are hereby incorporated herein by this reference. 2. Authority. This Agreement is entered into pursuant to the Florida Municipal Home Rule Powers Act. 3. Obligations and Commitments. In consideration of the City and MORGRAN entering into this Agreement, the City and MORGRAN hereby agree as follows: (a) Utilities. The City hereby acknowledges and agrees that it currently has sufficient water and sewer treatment plant capacity available to service the Property and shall provide such services to the Project as depicted in the Plans. All water and sewer improvements required to service the Property as shown on the Plans shall be at MORGRAN's expense. (b) Formation of Home Owner's Association. MORGRAN hereby acknowledges and agrees that it shall form a mandatory homeowner's association (the "Homeowner's Association") for purposes of maintaining any and all common areas, landscaping, streets, sidewalks, streetlights, regulatory signage, entrance signs, gates, walls, fences, recreational areas and stormwater drainage facilities associated with the Project in accordance with chapter 720, Florida Statutes and other applicable law. A separate Declaration of Covenants, Conditions and Restrictions (the "Declaration") will be executed and recorded among the Public Records of Seminole County, Florida to evidence the formation of the Homeowner's Association and establish its rights, duties and obligations. -2- (c) Gated Community. The City hereby agrees that in the event that MORGRAN provides reasonable evidence that the Homeowner's Association has been duly formed and incorporated under the laws of the State of Florida as a mandatory Homeowner's association with the authority and obligation to levy and collect regular and special assessments for the ongoing operation, maintenance and repair of any and all gates, recreational areas, streets, sidewalks, streetlights, regulatory signage and stormwater drainage systems, and any other common areas Iocated within the Project (hereinafter referred to as the "Private Roadway Improvements") and otherwise complies with the requirements of Section 9-157 of the Code, the City shall grant gated community status for the Project. MORGRAN acknowledges that the internal Project roadways comprising the Private Roadway Improvements are designed at MORGRAN's request and sole risk with a forty foot (40') wide right-of-way and do not meet City design standards as set forth in Sections 9-147, 9-296, and 20-354(d)(10) of the Code, therefore such roadways shall not become part of the City roadway system (and must remain private) in the future. The Homeowner's Association shall have the obligation, at its sole cost and expense, to maintain, repair and replace (as necessary) the Private Roadway Improvements as described above, which obligation shall run with title to the Townhouse units within the Project as evidenced in the Declaration. The Declaration shall also establish such access and utility easement rights in favor of the Homeowner's Association and residents of the Project as may be necessary for the orderly use and development of the Project. City and other governmental emergency, code enforcement, public and utility service personnel and vehicles shall be allowed access into the Project in accordance with Section 9-157(b) of the Code. (d) Construction Trailer. During the period from the date hereof through and until the completion of the construction of the Project, MORGRAN shall have the right to maintain one (1) trailer on the Property for use by its contractors and construction workers. MORGRAN shall coordinate the location of the trailer on the Property with the City. (e) Trash/Refuse Service. The City hereby agrees that trash and refuse pickup will be provided for each individual residential unit, therefore no Project dumpsters will be located on the Property as otherwise required pursuant to Section 9-280 of the Code. (f) Buffer Walls and Fences. MORGRAN shall install and maintain a six foot (6) tall decorative wrought -iron or similar decorative fence along the Property boundary adjacent to Winter Springs Boulevard. The fence shall be subject to the City' aesthetic review approval process and criteria which are set forth in Sections 9-600- through 9-606 of the City Code. (g) Sidewalks. In consideration of the conservation easement required to be conveyed by MORGRAN hereunder, the off -site drainage improvements required under the Plans, and the conservation easements granted the City pursuant to the aforementioned Third Amendment to Settlement the City Commission has determined that it is in the best interest and welfare of the environment to exempt the Project from the requirement to construct internal sidewalks in accordance with the terms of Section 9- 221(b) of the City Code. However, with respect to the external sidewalk required along -3- Winter Springs Boulevard, MORGRAN shall complete construction of the sidewalk (including final acceptance by the City) prior to the issuance of the first temporary or permanent certificate of occupancy for the Project. (h) Model Units/Saies Office. The City hereby agrees that MORGRAN shall be permitted to construct model townhouse units under the following conditions: (i) The model townhouse units shall be contained in a single building (the "Model Building") and shall not exceed four (4) individual units. Different buildings within the Project may be substituted and utilized as the Model Building from time to time so that the Model Building may be change from one building to another within the Project during the development and construction of the townhouse units; provided that MORGRAN complies with all other requirements of this paragraph. (ii) The model townhouse units shall remain under MORGRAN's ownership and control until such time as a final certificate of occupancy for each unit is issued under the conditions set forth below. (iii) The model townhouse units shall be constructed in a location reasonably acceptable to the City, and any associated parking, pedestrian activity and other activities conducted by sales staff or the general public shall be adequately segregated from construction activities to ensure safety. Vertical construction shall not commence until stabilized access and fire protection is available. (iv) Prior to construction, the model townhouse units shall be duly permitted by the City in accordance with all City Codes. Each model unit shall be permitted as an individual dwelling unit. No master permit for the model building will be issued by the City. (v) At such time as the City Building Official completes and approves a final inspection of the model townhouse units, the City will issue a temporary certificate of occupancy for model use of the units. Said temporary certificate of occupancy shall be issued for each individual unit. Occupancy of the model townhouse units shall be limited to the sale and marketing efforts for the Project until a final certificate of occupancy is issued for such units. In addition, MORGRAN shall have the right to utilize one garage in the Model Building as a temporary sales office. (vi) At the request of MORGRAN or at such time as the Project development is completed, whichever occurs sooner, the model townhouse units shall be converted into permanent residential units and the City shall issue final certificates of occupancy for each model townhouse unit; provided, however, that the City Building Official determines that such units are suitable for permanent residential occupancy and in compliance with the City Codes. -4- (i) Electric and Lightiny_Plan. MORGRAN shall submit a proposed electric and lighting plan to the City at such time as the applicable information is provided to MORGRAN by Progress Energy. No certificate of occupancy shall be issued for the Project until the lighting plan is approved by the City and street lights are in place in accordance with such plan. Approval of the electric and lighting plan shall be coordinated with the Urban Beautification Manager and be subject to aesthetic review in accordance with the terms of the Code. 0) Easements. MORGRAN shall obtain and record any necessary easements for access to and maintenance of required stormwater ponds, off -site emergency ingress and egress (minimum of twenty (20) feet in width), and conservation areas upon terms and conditions reasonably acceptable to the City including, but not limited to, the easements listed on Exhibit "D" attached hereto and incorporated herein by this reference (the "Easements"). A copy of the recorded Easements shall be promptly delivered to the City after recording. No vertical improvements of the townhome units shall be permitted until such time as MORGRAN provides documentation to the City evidencing that the Easements have been duly recorded in the Official Records of Seminole County. (k) Setbacks. Pursuant to section 6-86 and 20-354(7) of the City Code, the setbacks for the Project shall be as set forth in said Code sections unless otherwise approved by the City Commission in writing. (1) Driyewati Separation. Approval of this Agreement by the City Commission shall constitute approval of the waiver of the minimum distance requirements for driveway openings onto the same street as generally required pursuant to Section 17-29 of the City Code, and therefore driveway separation distances within the Project shall be in accordance with the Plans. 4. Representations of the Parties. The City and MORGRAN hereby each represent and warrant to the other that it has the power and authority to execute, deliver and perform the terms and provisions of this Agreement and has taken all necessary action to authorize the execution, delivery and performance of this Agreement. This Agreement will, when duly executed and delivered by the City and MORGRAN and recorded in the Public Records of Seminole County, Florida, constitute a legal, valid and binding obligation enforceable against the parties hereto and the Property in accordance with the terms and conditions of this Agreement. MORGRAN represents that it has voluntarily and willfully executed this Agreement for purposes of binding the Property and the Homeowner's Association, and the members thereof, to the terms and conditions set forth in this Agreement. 5. Successors and Assigns. This Agreement shall automatically be binding upon and shall inure to the benefit of the City and MORGRAN and their respective successors and assigns including, but not limited to, the Homeowner's Association and the members thereof. The terms and conditions of this Agreement similarly shall be binding upon the Property and shall run with title to the same. -5- 6. Amendments. This Agreement written agreement duly executed by both part approved by the City Commission. shall not be modified or amended except by ;s hereto (or their successors or assigns) and 7. Entire Aereemmnt. This Agreement supersedes any other agreement, oral or written, and contains the entire agreement between the City and MORGRAN as to the subject matter hereof. 8. Severability. If any provision of this Agreement shall beheld to be invalid or unenforceable to any extent by a court of competent jurisdiction, the same shall not affect in any respect the validity or enforceability of the remainder of this Agreement. 9. Effective Date. This Agreement shall become effective upon approval by the City Commission and execution of this Agreement by both parties hereto. 10. Recordation. This Agreement shall be recorded in the Public Records of Seminole County, Florida. 11. Relationship of the Parties. The relationship of the parties to this Agreement is contractual and MORGRAN is an independent contractor and not an agent of the City. Nothing herein shall be deemed to create a joint venture or principal -agent relationship between the parties, and neither party is authorized to, nor shall either party act toward third persons or the public in any manner, which would indicate any such relationship with the other. 12. Sovereign Immunity. Nothing contained in this Agreement shall be construed as a waiver of the City's right to sovereign immunity under Section 768.28, Florida Statutes, or any other limitation on the City's potential liability under the state and federal law. 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). 13. City's Police Power. MORGRAN 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. 14. 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. 15. Permits. The failure of this Agreement to address any particular City, county, state, and/or federal permit, condition, term, or restriction shall not relieve MORGRAN or the City of the necessity of complying with the law governing said permitting requirements, conditions, term, or restriction. 16. Third -Party Rights. This Agreement is not a third -party beneficiary contract and shall not in any way whatsoever create any rights on behalf of any third party. 17. Specific Performance. Strict compliance shall be required with each and every provision of this Agreement. The parties agree that failure to perform the obligations provided by this Agreement shall result in irreparable damage and that specific performance of these obligations may be obtained by a suit in equity. 18. Attorney's Fees. In connection with any arbitration or litigation arising out of this Agreement, the prevailing party shall be entitled to recover reasonable attorney's fees and costs through all appeals to the extent permitted by law. 19. 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 MORGRAN or the City of the necessity of complying with the law governing said permitting requirement, condition, term or restriction. Without imposing any limitation on the City's police powers, the City reserves the right to withhold, suspend, or terminate any and all certificates of occupancy for any building or unit if MORGRAN is in breach of any term or condition of this Agreement. 20. Termination, The City shall have the unconditional right, but not obligation, to terminate this Agreement, without notice or penalty, if MORGRAN fails to receive its first or initial building permit for the Project townhomes and substantially commences construction of the townhome improvements specified in that permit, within three (3) years of the effective date of this Agreement. In addition, the City shall have the right, but not obligation, to terminate the Agreement if MORGRAN permanently abandons construction of the Project, provided, however, the City shall first deliver written notice and an opportunity to cure as set forth in paragraph 23.0 herein. If the City terminates this Agreement, the City shall record a notice of termination in the public records of Seminole County, Florida. 21. Applicable Law; Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. The parties agree that venue shall be exclusively in Seminole County, Florida, for all state disputes or actions which arise out of or are based upon this Agreement, and in Orlando, Florida, for all federal disputes or actions which arise out of or are based upon this Agreement. 22. Default; Opportunity to Cure. Should either party desire to declare the other party in default of any term and condition of this Agreement, the non -defaulting party shall provide the defaulting party a written notice of default. The written notice shall, at a minimum, state with particularity the nature of the default, the manner in which the default can be cured, and a reasonable time period of not less than thirty (30) days in which the default must be cured. No action may be taken in a court of law on the basis that a breach of this Agreement has occurred until such time as the requirements of this paragraph have been satisfied. -7- IN WITNESS WHEREOF, the parties have hereunto set their hands and seal on the date first above written. ATTEST: By: Andrea orenzo Luaces, City Clerk CIT SEAL STATE OF FLORIDA COUNTY OF SEMINOLE CITY OF WINTER SPRINGS By: Charles Lacey,'Mayor APPROVED AS TO FORM AND LEGALITY For the use and reliance of the City of Winter Springs, Florida, only./ Dated: By: Anthony Garganese, City Attorney for the City of Winter Springs, Florida Personally appeared before me, the undersigned authority, Charles Lacey, well known to me to be the Mayor of the City of Winter Springs, Florida, and acknowledged before me that they executed the foregoing instrument on behalf of the City of Winter Springs, as its true act and deed, and that they were duly authorized to do so. Witness my hand and official seal this --may of October, 2011. (NO =Pubk-State of FloridaLuaces No is 8757aM commission ex ires: y p -8- 20i",a Signed, sealed and delivered in the presence of the following witnesses: FqT6&I -Nam of Witness erwa-(Pated Name of Witness r MORGRAN GREENS, LLC, a Florida limited liability company Daniel S. Thall, Vice President STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this It't" day of October, 2011, by -Daniel S. Thall as Vice President of Morgran Greens, LLC, a Florida limited liability company, on behalf of said company. QLe is nersonallxinawn to me, or produced as identification. (NOTARY SEAL) sgnre] z*' -• '= DAWN BACHAN-MUCKUNLALL K MY COMMISSION # DD957868 EXPIRES February 12, 2014 (407) 3D&Di53 Flnrleallotayasrvlca,wm EXHIBIT "A" Legal Description (To Be Provided) -10- Exhibit "A" A PORTION OF LOTS 5, 6, 7 AND 8, THE EAST PART OF PHILIP R. YOUNG GRANT, SOUTH PART, AS RECORDED IN PLAT BOOK 1, PAGE 38, OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA. LYING IN SECTION 7, TOWNSHIP 21 SOUTH, RANGE 31 EAST, SEMINOLE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE MOST WESTERLY CORNER OF TRACT "C", ARROWHEAD AT TUSCAWILLA-UNIT 2, AS RECORDED IN PLAT BOOK 48, PAGES 52-54 IN THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA: THENCE SOUTH 89'58'36" EAST, A DISTANCE OF 50.00 FEET ALONG THE NORTH LINE OF SAID TRACT "C" ALSO BEING THE SOUTH RIGHT OF WAY LINE OF WINTER SPRINGS BOULEVARD RECORDED IN OFFICIAL RECORDS BOOK 1057, PAGES 1642 THRU 1644, OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA; THENCE LEAVING SAID ARROWHEAD AT TUSCAWILLA- UNIT 2 RUN SOUTH 89"58'36" EAST, A DISTANCE OF 986.28 FEET ALONG SAID SOUTH RIGHT OF WAY LINE OF WINTER SPRINGS BOULEVARD TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 89'58'36" EAST ALONG THE SOUTH RIGHT OF WAY LINE OF WINTER SPRINGS BOULEVARD, A DISTANCE OF 299.33 FEET TO A POINT OF CURVATURE OF A CIRCULAR CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 2,292.44 FEET, A CENTRAL ANGLE OF 16'22'49" AND A CHORD DISTANCE OF 653.15 FEET AND A CHORD BEARING OF SOUTH 81'47'12" EAST; THENCE EASTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 655.38 FEET TO A POINT ON THE WEST BOUNDARY LINE OF CHELSEA PARC AT TUSCAWILLA PHASE II AS RECORDED IN PLAT BOOK 46, PAGES 64-65 IN THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA; THENCE ALONG THE WEST BOUNDARY LINE THE FOLLOWING SIX COURSES AND DISTANCES: SOUTH 29"47'02" WEST, A DISTANCE OF 14.62 FEET; THENCE SOUTH 17'37'28" EAST, A DISTANCE OF 70.78 FEET; THENCE SOUTH 36'07'55" WEST, A DISTANCE OF 67.49 FEET; THENCE NORTH 76'26'55" WEST, A DISTANCE OF 72.69 FEET; THENCE SOUTH 51 *59-49" WEST, A DISTANCE OF 77.50 FEET; THENCE SOUTH 22*25'15" WEST, A DISTANCE OF 148.00 FEET TO A POINT ON THE WEST BOUNDARY LINE OF CHELSEA PARC AT TUSCAWILLA PHASE 1 AS RECORDED IN PLAT BOOK 46, PAGES 82- 83 IN THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA; THENCE ALONG THE WEST BOUNDARY LINE THE FOLLOWING TWO COURSES AND DISTANCES: SOUTH 22"25'15" WEST, A DISTANCE OF 128.24 FEET; THENCE SOUTH 01'02'05" EAST, A DISTANCE OF 20.29 TO A POINT ON THE WEST BOUNDARY LINE OF FOX GLEN AT CHELSEA PARC, TUSCAWILLA AS RECORDED IN PLAT BOOK 49, PAGES 78-82 IN THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA; THENCE ALONG THE WEST BOUNDARY LINE THE FOLLOWING TWO COURSES AND DISTANCES: SOUTH 01'02'05" EAST, A DISTANCE OF 94.59 FEET TO A POINT OF CURVATURE OF A NON -TANGENT CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 55.84 FEET, A CENTRAL ANGLE OF 64'09'37" AND A CHORD DISTANCE OF 59.31 FEET AND A CHORD BEARING OF SOUTH 33'06'57" EAST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 62.53 FEET; THENCE DEPARTING THE WEST BOUNDARY LINE OF FOX GLEN AT CHELSEA PARC, TUSCAWILLA NORTH 87'21'25" WEST, A DISTANCE OF 559.92 FEET; THENCE NORTH 67'55'28" WEST, A DISTANCE OF 136.13 FEET; THENCE SOUTH 23'12'11" WEST, A DISTANCE OF 69.56 FEET; THENCE NORTH 66'47'49" WEST, A DISTANCE OF 151.45 FEET; THENCE NORTH 23'12'11" EAST, A DISTANCE OF 115.99 FEET; THENCE SOUTH 89144,14' EAST, A DISTANCE OF 75.19 FEET; THENCE NORTH 00'15'46" EAST, A DISTANCE OF 116.55 FEET; THENCE NORTH 61*13103" EAST, A DISTANCE OF 11.74 FEET; THENCE NORTH 00'24'38" EAST, A DISTANCE OF 183.86 FEET; THENCE NORTH 00'26'43" EAST, A DISTANCE OF 193.64 FEET TO THE POINT OF BEGINNING. l DESCRIP T1 ON: A PORTION OF LOTS 5, 6, 7 AND 8, THE EAST PART OF PHILIP R. YONGE GRANT, SOUTH PART, AS RECORDED IN PLAT BOOK 1, PAGE 38. OF THE PLJ3LIC RECORDS OF SEMINOLE COUNTY, FLORIDA.. LYING IN SECTIO14 7, TOWNSHIP 21 SOUTH, RANGE 31 EAST, SEMINOLE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: CCI.4MENCE AT THE SOU'THWtiEST CORNER OF LOT 10. CHELSEA PARC AT TUSCAVJILi-A PHASE I, AS RECORDED IN PLAT BOOK 4-5, PAGES 82-63; THENCE ALONG THE SOUTH LINE OF TRACT A, CHELSEA PARC AT TUSCAWILLA PHASE 1. PLAT BOOK 45, PAGES 82-83 NOR 1H 65'11'45" WEST, A DISTANCE OF 105.09 FEET; THENCE DEPARTING THE SOUTH LINE OF TRACT A, CHELSEA PARC AT TUSCAW1ILLA, PHASE I, PLAT BOOK 45, PAGES 82-83 NORTH 87'21'25" VEST, A DISTANCE OF 529.83 FEET TO THE POINT OF BEGINNING; THc'NCE NORTH 87'21'25" WEST, A DISTANCE OF 30,09 FEET; 1HENCE NCRIH 67'55'28• VIZST, A DISTANCE OF 136,13 FEET; THENCE SOUTH 23'12'11" :VEST, A DISTANCE OF 69.56 FEET; THENCE NORTH 66'47'49" VIEST, A DISTANCE OF 151.45 FEET; THENCE NORTH 23'12'11" EAST, A DISTANCE OF 115.99 FEET; THENCE SOUTH 89'44'14" EAST, A DISTANCE OF 75.19 FEET; THENCE NORTH 00'15'46" EAST, A DISTANCE OF 116.55 FEET: THENCE NORTH 61'13'03" EAST. A DISTANCE OF 11.74 FEET; THENCE NORTH 00'24'38" EAST, A DISTANCE OF 183.86 FEET; THENCE NORTH 00'26'43" EAST, A DISTANCE OF 193.54 FEET TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF WINTER SPRINGS BOULEVARD; THENCE ALONG THE SOUTH RIGHT OF WAY LINE THE FOLLOWING TWO COURSES AND DISTANCES: SOUTH 89'58'36" EAST, A DISTANCE OF 2.99.33 FEET TO A POINT OF CURVATURE OF A CIRCULAR CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 2,292.44 FEET, A CENTRAL ANGLE OF 16'22'49" AND A CHORD DISTANCE OF 6:53.15 FEET (WHICH SEARS SOUTH 81-47-12" EAST; THENCE EASTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 655.38 FEET; THENCE DEPARTING THE SOUTH RIGHT OF WAY LINE SOUTH 29'47'02" WEST. A DISTANCE OF 7.71 FEET TO A POINT OF CURVATURE OF A NON -TANGENT CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 2,284.88 FEET, A CENTRAL ANGLE OF 05'36'44" AND A CHORD DISTANCE OF 223.72 FEET V,"RICH BEARS NORTH 76'26'50" WEST; THENCE WESTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 223.81 FEET; THENCE SOUTH 09'07'15" WEST, A DISTANCE OF 66.53 FEET; THENCE SOUTH 39'50'53" WEST, A DISTANCE OF 52.70 FEET; THENCE SOUTH 45'05'20" (,VEST, A DISTANCE OF 29.23 FEET; THENCE NORTH 81'09'05" WEST, A DISTANCE OF 56.32 FEET TO A POINT OF CURVATURE OF A CIRCULAR CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 6.00 FEET, A CENTRAL ANGLE OF 34'30.26" AND A CHORD DISTANCE OF 3.56 FEET WHICH BEARS SOUTH 81'35'42" VIEST; THENCE WESTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 3.51 =EET; THENCE SOUTH 82'00'33" WVEST, A DISTANCE OF 9.79 FEET; THENCE SOUTH 57'37'26" WEST, A DISTANCE OF 17.03 FEET TO A POINT OF CURVATURE OF A NON -TANGENT CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 53.50 FEET, A CENTRAL ANGLE OF 103'33'10" AND A CHORD DISTANCE OF 84.06 FEET WHICH BEARS SOUTH 41'29'22" WEST; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 96.69 FEET; THENCE NORTH 86'44'05" WEST, A DISTANCE OF 47,98 FEET; THFNCE SOUTH 03'15'57" WEST, A DISTANCE OF 43.89 FEET; THENCE NORTH 96`44'03" WWEE5T, A DISTANCE OF 108.02 FEET; THENCE 14ORTH 89'21'28- VEST, A DISTANCE OF 91.29 FEET; THENCE SOUTH 00'24'22'• WEST, A DISTANCE OF 161,61 FEET; THENCE NORTH 89'35'38" WEST, A DISTANCE OF 41,03 FEET; THENCE SOUTH, A DISTANCE OF 14.84 FEET; THENCE SOUTH 48'57'19" EAST, A DISTANCE OF 31.60 FEET; THENCE SOUTH, A DISTANCE OF 43.01 FEET; THENCE SOUTH 02'25'08" WEST, A DISTANCE OF 71.09 FEET; THENCE SOUTH 65'21'28" WEST, A DISTANCE OF 28 47 FEET; THENCE SOUTH 34'55'34" WVEST, A DISTANCE OF 23.32 FEET; THENCE SOUTH 35'14'36" WEST, A DISTA10E OF 38.42 FEET; THENCE SOUTH 00'16'24" EAST. A DISTANCE OF 7.23 FEET TO THE POINT OF BEGINNING. CONTAINING 6.48 ACRES (282,171 SQUARE FEET), MORE OR LESS. In cccordonce veith CH-61G17-6 of the Florida Administrative Code, this Description and Sketch of Description b=_Orr the notation: SHEET 1 OF 2 T H I 5 IS NOT A SURVEY. SEE SHEET 2 OF 2 FOR SKETCH BEARINGS SHOYAJ HEREON ARE BASED ON THE SOUTH BOUNDARY LINE OF CHELSEA PARC AT TUSCA1"LLA. PHASE AS BEING 146511'45'W, PER PLAT. SKETCH OF DESCRIPTION OF CONDOMINIUM PARCEL THE GREENS AT TUSCAW4ILLA :MINGLE COUNTY. FLORIDA SECTION 7-21-31 DATE: 07/25/06 REVISED- _ !i"Z: N/A REV MISC, 01/141'09 APPROVED BY: GJS JOB NO, 7070901 DRA.wi BY: UB A5� PA Ax NA = F:R'- [ " S U R \/ E Y I ICI G & MAPPING INC. CORWY_ARCN OF AUTiR1Po2AnCW r1umam uv6m Imo N. WLJ4400 Av_. sul --� 0 01TER PARK, FLMDA 32797 ("?) 4 1 -A111 n•Aw A4E:RICA115VM'CVt1ICA•IDIIAI-rl'iG Cw n.^3[�i'70'�7C Ci01 �L'SCC:'A.;U CGLLtiTftYGWfi'4ng1e070-01 LGI:SEFV,:TIO':: vo C0.NDCUMM"U1.1500 ar 1. 1HE SURVEYOR HAS NOT ABSTRACTED THE LAND SHOWN HEREON FOR EASEMENTS, RIGHT OF WAY, RESTWCTICNS OF RECORD WHICH MAY AFFECT THE 11fLE OR USE OF TrI.E LAND 2. NO 1MPROVEIJENTS HAVE BEEN LOCATED. 3. NOT VALID V07HOUT )HE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER, 4. 1111S DOCUMENT CONSISTS OF Z SHEETS, NOT FULL OR COMPLETE WITHOUT ALL SHEETS. GENEL J. STURGEON, PSM 5806 DATE: SKETCH OF DESCRIPTION: CONDOMINIUM PARCEL THE GREENS AT TUSCAVALLA 77.5 Ar ,ys. z •.'j Ov VW 1D NDO'15'46"E rn r,; 116.55' J O_ Z a 2 o� ^ P m �� h0 mag0 ��m6 0 Z AIR vo 0 92 p>5� Is Z i I:N ,� , i z O V 1i I' L11 19 O L o L55 L4 4~ n co C) z z_ z O 1` 0 12D' CRAPHIC SCALK u 0 60 120 `w ,r �'1CT 1 A'5AI AMI—=RICAN SURVEYING &MAPPING INC. CERTIFICATION OF AHTHOMZATIDN NL'NBER L9/3393 IC30 N. 04u D0 AVF„ SLATE 0 WINTER PARK, ELO 10A 32789 (407) 426-7979 WWW.A4EiRCANRM ciiNGANINAAPPING.CGN 161.61' LEGEND R DENOTES RADIUS A DENOTES CENTRAL ANGLE L DENOTES ARC LENGTH CH DENOTES CHORD LENGTH CO DENOTES CHORD BEARING NY DENOTES NON TANGENT 85' N00N26'43"E 1 Go, QTr Ey 00I7 mr- (A lmo l w 1 w Ln r2 N N Iz EOJI 2Nj N (A -4 CA W v c) Oil CO N 01 A W LY1 s C O SHEET 2 OF 2 SEE SHEET 1 OF 2 FOR DESCRIPTION DATE: 07/25/03 REVISED: SCALE-I'-120' REV MISC. 01/14 09 APPROVED BY: GJS JOB ND. 7070901 ORAWN BY: UP J LINE TABLE L 7E LE M I 8£AAING Li 66.53' 909V715'W LZ 52.7 930'SyW L3 29 r S[S'OS''a., L4 S8.3r 1T17'OS1 LS ,7 '1]'W 0 izA 73 6'W L7 4 7mr Naw-worw LA i B 'so-myry L9 Ica, 4861AVO Llo M 4t 4' W H 1.12 1A LTS Lt 4 LIS 710' 4 v ' 08 47, t ' W LI7 A'55' 4'W LTR 4' 1' ' 118 7.7 sm-145,24, H.VW 07%TDTMI'rUSCA%VXLACDUWFRYCLUW.9%7070901CONSERVATION ANOCONDdJMUNS0D.h9 L+R00)1.31'J7 DM, t:1 Ln CO to (A m IL4 IA m N LO w w w El Z N -'D 0M Po �y s m s 0 C r— m D v c7 0 ;0 r- II Do II II 11 rn II Nam'' UI inNNC), W DO N N N N m 529'47'02"W 7.71' EXHIBIT C DESCRIPTION: A PORTION OF LOTS 5 AND 8, THE EAST PART OF PHILIP R. YOUNG GRANT, SOUTH PART, AS RECORDED IN PLAT BOOK 1, PAGE 38, OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA. LYING IN SECTION 7, TOWNSHIP 21 SOUTH, RANGE 31 EAST, SEMINOLE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF LOT 10, CHELSEA PARC AT TUSCAWILLA PHASE I AS RECORDED IN PLAT BOOK 45, PAGES 82-83; THENCE ALONG THE SOUTH LINE OF TRACT A, CHELSEA PARC AT TUSCAWILLA PHASE I AS RECORDED IN PLAT BOOK 45, PAGES 82-83 NORTH 65'11'45" WEST, A DISTANCE OF 105.09 FEET TO THE POINT OF BEGINNING; THENCE DEPARTING THE SOUTH LINE OF TRACT A NORTH 87'21'25" WEST, A DISTANCE OF 446.41 FEET; THENCE NORTH 00'23'58" EAST, A DISTANCE OF 168.28 FEET; THENCE NORTH 29'35'27" EAST, A DISTANCE OF 70.03 FEET; THENCE NORTH 00'04'17" EAST, A DISTANCE OF 125.75 FEET; THENCE SOUTH 88'48'42" EAST, A DISTANCE OF 80.84 FEET; THENCE SOUTH 85'53'45" EAST, A DISTANCE OF 96.79 FEET; THENCE NORTH 68'49'03" EAST, A DISTANCE OF 178.51 FEET; THENCE NORTH 70'22'15" EAST, A DISTANCE OF 109.14 FEET; THENCE NORTH 12'07'45" EAST, A DISTANCE OF 161.19 FEET TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF WINTER SPRINGS BOULEVARD, ALSO BEING A POINT OF CURVATURE OF A NON —TANGENT CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 2,292.44 FEET, A CENTRAL ANGLE OF 04'04'19" AND A CHORD DISTANCE OF 162.89 FEET WHICH BEARS SOUTH 75'37'57" EAST; THENCE EASTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 162.92 FEET TO A POINT OF INTERSECTION OF A NON TANGENT LINE; (HENCE SOUTH 29`47'02" WEST, A DISTANCE OF 14.62 FEET; THENCE SOUTH 17'37'28" EAST, A DISTANCE OF 70.78 FEET; THENCE SOUTH 36'07'55" WEST, A DISTANCE OF 67.49 FEET; THENCE NORTH 76'26'55" WEST, A DISTANCE OF 72.69 FEET; THENCE SOUTH 51'59'49" WEST, A -DISTANCE OF 77.50 FEET; THENCE SOUTH 22-25-15" WEST, A DISTANCE OF 276.24 FEET; THENCE SOUTH 01'02'05" EAST, A DISTANCE OF 114.88 FEET TO A POINT OF CURVATURE OF A NON —TANGENT CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 55.84 FEET, A CENTRAL ANGLE OF 64'09'37" AND A CHORD DISTANCE OF 59.31 FEET WHICH BEARS SOUTH 33'06'57" EAST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 62.53 FEET TO THE POINT OF BEGINNING. In accordance with CH-61G17-6 of the Florida Administrative Code, this Description and Sketch of Description bears the notation: THIS IS NOT A SURVEY. SHEET 1 OF 2 SEE SHEET 2 OF 2 FOR SKETCH BEARINGS SHOVfN HEREON ARE BASED ON THE SOUTH LINE 1. THE SURVEYOR HAS NOT ABSTRACTED THE OF TRACT A AS BEING N65'11'45-W, PER PLAT BOOK 45, LAND SHOWN HEREON FOR EASEMENTS, RIGHT PAGES 82-83, OF WAY, RESTRICTIONS OF RECORD MIC14 MAY AFFECT THE TITLE CR USE OF THE LAND 2-NO IMPROVEMENTS MI NTS HAVE BEEN LOCATED. SKETCH OF DESCRIPTION 5hA 3. NOT VALID WITHOUT THE SIGNA7i1RE AND OF THE ORIGINAL. RAISED SEAL OF A FLORIDA PARCEL E LICENSED SURVEYOR AND MAPPER, 7USCAWILSA COUNTRY CLUBA 4. THIS DOCUMENT CONSISTS OF 2 SHEETS, 'SEMINOLE COUNTY. FLORIDA SECTION 7-2i-31 NOT FULL OR COMPLETE WITHOUT ALL SHEETS. 48, M R C A fV DATE: OB/24/`07 REVISED: � � U RV EY I N C� SC:ALL._�I.IA t& MAPPING INC. APPROVED BY: GJS CERTIFICATION OF AUTHORIZATION NUMBER LBJ6393 JOB N0. 70709D1 1030 N. ORLANDO AVE, SUITE B WINTER PARK, FLORIDA 32789 GLNCL J. S UF; EON, PSM #5865 DRAWN BY: 00 (407) 426-7979 WVNI.AMERI CANSUIZV_YINSANDM AFP-ING.COM DATE: SKETCH OF 'DESCRIPTION. PARCEL E TUSCAWILLA COUNTRY CLUB N GRArj SCALE D so 120 6 N WINTER SPRINGS BO(lLBVARD R 3NT ❑F WAY 12(r LOT 5 THE EAST PART OF PHILIP R. YOUNG GRANT. SOUTH PLAT BOOK 1. PAGE 38 42"E N 96.79' LOT e THE EAST PART OF PHII R AN YOUNG GRANT. SOUTH PLAT BOOK 1. PAGE 38 4 61 S29'47'02" 14.62: to14.48'(P) z �4'04'19" L=162.92' R-2292.44' CB=S75'37'57"E C=162.89' Cif k' LOT 38 �15„E ❑ �� 2 69� WT \9 9 59 LOT 41. LOT 40 q N� 1RACT 'A $OA Ws N LOT 42 1 LOT 43 LOT 44 194,766. sq.ft. fLoT OT 134.47 acres2TCH ARC ATTUSCA HASE 1 T 8= 4� PAGES B2-83) LLI (P) � =64'09'37" 00 LOT 60 FOX CLEN AT CHELSEA PARC, 7USCAWL1A &.64M'4O' L=62.53' °Div _ __ _ __ _ (PLAT BOOK 4% PAGES 78-82) a ss64' 53. R=55.84' �, — CHELSEA PARC AT RASE 1 CB=S33'06'57"E r- in PC ' OUT BOOK 4.% PAGES 62-0 C=59.31 TRACT 'A' 446.41'.� Lore POINT OF BEGINNING plas'a THE EAST PART OF PHDdP R. YOUNG GRANT. SOUTH PLAT BOOK 1. PAGE 38 POINT OF COMMENCEMENT SW CORNER OF LOT 10 CHELSEA PARC AT TUSCAWILLA PHASE 1. P.B. 45 PG. 62-83 LEGEND N37'21 R DENOTES RADwS A DENOTES CENTRAL ANGLE L DEN07M ARC LENGTH C GJibiES CHCAD LENCTH CB DENOTES CHORD KENNING (P) PER PLAT PC POINT OF CURVATURE PI POINT OF INTERSECTION NT POINT OF NON TANGENT SHEET 2 OF 2 SEE SHEET 1 OF 2 FOR DESCRIPTION DATE: 09/24/07 REVISER: SCALE. 1"=120' APPROVED BY: GJS JOB No. 7070801 DRAWN BY: US A!51A A l\A E FP, I CA N SSUFRVEYINC 4& MAPPING INC. CERTIFICATION OF A1.11HOR17ATON NUMBER LB#6393 ION N. ORLANDO AM SUITE B WINTER PARK. FLORIDA 32780 (407) 426-7979 Easement Description Status Conservation easement over a portion of Parcel 8 on the Oolf Course 1 Property ("required by Third Amendment to Settlement Agreement) Recorded Offsite Conservation Easement for W ettand Mitigation (Cortle Tract of 2 of SR 434) Recorded Offsite Conservation Easement for Areas on the Golf Course Property South of the Tuscawilla Greens Site, for Wetland Mitagation, Upland Buffer Preserva tion, and the Offsite Portion of the Compensating In -Progress, mast be recorded before site 3 Stora e Area acceptance Onsite Consei- ation Easement for Wetland Preservation Area, Upland In -Progress, must be recorded before site 4 Buffer Preservation, and Compensating Storage Area acceptance Beady for City signatures and reoording; Emergency Ingress / EqFess to Tusca-wilh Greens through Country must be in place prior to any Certificate of 5 Club Property Occupancy Drainage Easement over the offsite retention ponds to tx: dedicated to In -Progress, mist be recorded before site 6 the City for inspection and emergency access acceptance Offsite Utility- Easement for the portion of die water main located on hi -Progress, rnust be recorded before site 7 JCountry Club Property acceptance Offsite easement for access to the stormwater ponds and In -Progress, must be recorded before site 8 compensating storage area through the Country Club property acceptance To be recorded as part of the plat, which must be recorded before budding permits 9 Onsite Easements for Utilities, Drainage, Enaer.�ency Access can be issued Tuscawilla Greens developer to Vacate Existina Sanitary Sewer Easement across Tuscaw& Greens demonstrate easement has been vacated 10 property prior to building permit E HIBIT D lfiAJPaN [CAli4:11CRiaab3zJtAVQ THIS INSTRUMENT WAS PREPARED BY AND TO BE RETURNED TO: Anthony Garganese City Attorney of Winter Springs Brown, Garganese, Weiss & D'Agresta, P.A. 11 l North Orange Avenue, Suite 2000 Orlando, FL 32802 (407)425-9566 qqobo�- IMRYMW MlRSE, CLERK OF CIRCUIT iNi:R SRIN11LE COLNW 1W 07671 Rgs Mau — iM31 (16pgs) CLE RKI' S 0 2011128214 RECMDED 114'36k-1011 10%53.-14 AN FMRDIN6 FEES 1-47.50 Rti DED BY 1 Eekenroth(all) FIFTH AMENDMENT TO SETTLEMENT AGREEMENT APPLICABLE ONLY TO PARCELS "B," "D," "E," AND "F" DEPICTED ON EXHIBIT "A" OF THE THIRD AMENDMENT TO SETTLEMENT AGREEMENT THIS FIFTH Al NDMENT TO SETTLEMENT AGREEMENT is made and executed this day of October, 2011, by and between THE CITY OF WINTER SPRINGS, a Florida municipal corporation (the "City"), whose address is 1126 East S.R. 434, Winter Springs, Florida 32708, and MORGRAN GREENS, LLC, a Florida limited liability company (the "Owner"), whose address is 450 North Wymore Road, Winter Park, Florida 32789 WITNESSETH: WHEREAS, this Fifth Amendment to Settlement Agreement is an amendment to that certain Settlement Agreement and Amended Settlement Agreement No. 1 which are recorded at 0. R. Book 3102, Page 1354 (the "Original Settlement Agreement"); as amended by that certain Second Amendment to Settlement Agreement, which is recorded at O. R. Book 3146, Page 0454; as amended by that certain Third Amendment to Settlement Agreement, which is recorded at 0. R. Book 6881, Page 0235; and as amended by that certain Fourth Amendment to Settlement Agreement, which is recorded at 0. R. Book 7090, Pages 844 through 850. All of said agreements are or will be recorded in the Public Records of Seminole County, Florida (sometimes, collectively referred to herein as "Settlement Agreement"); and WHEREAS, Exhibit "A" of the Third Amendment to the Settlement Agreement amended the Golf Course and Development Area designations for Parcel 7, which is subject to the Settlement Agreement, and for such designation purposes identified portions of Parcel 7 as Parcels "A" through "F;" and WHEREAS, Parcels "B," "D," and "F" were also identified in the Third Amendment to Settlelment Agreement as the "Condominium Property;" and WHEREAS, this Fifth Amendment to Settlement Agreement is only applicable to and effects the area described as Parcels "B," "D," "E" and "F" on said Exhibit "A," which is attached hereto and incorporated herein as Exhibit "A;" and - 1 - WHEREAS, Parcels "B," "D," "E" and "F" on said Exhibit "A" are hereinafter referred to as the "Townhome Property" and are legally described on Exhibit "B." which is attached hereto and fully incorporated herein by this reference. WHEREAS, this Fifth Amendment to Settlement is not intended to be applicable to or effect any portion of the real property which is subject to the Settlement Agreement except for the Townhome Property; and WHEREAS, in relevant part and subject to certain terms and conditions, the Third Amendment to Settlement Agreement granted to the Owner the right to develop up to sixty (60) residential condominium units on a portion of the Townhome Property; and WHEREAS, subsequent to the Fourth Amendment to Settlement Agreement, the owner of the Townhome Property sold and conveyed that property to WINTER SPRINGS INVESTMENTS, LLC, a Florida limited liability company ("Winter Springs"). Winter Springs, in turn, financed a portion of the purchase price with a loan from Owner's predecessor in interest, MORGRAN HOLDINGS, LLC, a Florida limited liability company. Winter Springs defaulted on the loan and mortgage in favor of Morgran Holdings, LLC and following the entry of a foreclosure judgment, a foreclosure sale was held and Morgran Holdings, LLC was the successful bidder at the foreclosure. Thereafter, it assigned its right to receive the Certificate of Title to the Townhome Property to the Owner; and WHEREAS, as the fee simple owner of the Townhome Property, the Owner is the successor in interest to that certain Settlement Agreement as it affects that property; and WHEREAS, the Fourth Amendment to Settlement Agreement recognized that subsequent to the Third Amendment to Settlement Agreement being approved and recorded, the City had received a formal Permit Application for approval of the final development plans and engineering plans for the Condominium Property, which the City approved on September 8, 2008, authorizing the development of the sixty (60) residential condominium units (the "September 8, 2008 Plan"); and WHEREAS, subsequent to the acquisition of the Townhome Property through the foreclosure, the Owner has submitted a formal Permit Application to the City for approval of revised final development plans and engineering plans for development of a townhouse project (the "Townhouse Plans") on the Townhome Property; and WHEREAS, on September 26, 2011, the City Commission approved the Townhouse Plans thereby authorizing the development of the sixty (60) townhouse units (the "Approved Townhouse Plans"); and WHEREAS, the Owner and the City desire to modify and clarify provisions under the Settlement Agreement so that the Settlement Agreement and the Approved -2- Townhouse Plans are interpreted consistently relative to said modifications and clarifications listed herein; and WHEREAS, the City and the Owner have determined that it is in their mutual interest to further modify the Settlement Agreement as it only relates to the Townhome Property in order to facilitate Owner's development of the Approved Townhouse Plans. NOW, THEREFORE, in consideration of the recitals and other good and valuable consideration, the Owner and the City agree to modify the original Settlement Agreement as amended by the First, Second, Third and Fourth Amendments to Settlement Agreement for the Townhome Property, as follows: 1.0 ACKNOWLEDGMENT. The Owner and the City hereby acknowledge and agree that the original Settlement Agreement, as amended by the Second, Third and Fourth Amendments to Settlement Agreement, is valid and binding upon the parties, except as modified herein. The parties agree that they have been fully informed of all matters relating to the Settlement Agreement, as amended, and intend to be bound by this Fifth Amendment to Settlement Agreement. 2.0 RECITALS. The foregoing recitals are true and correct and are hereby incorporated herein by this reference. The effective date of this Fifth Amendment to Settlement Agreement shall be the date that it is fully executed and recorded in the Public Records of Seminole County, Florida (the "Effective Date"). 3.0 The terms and provisions of the Settlement Agreement which deal with the development of the Townhome Property are hereby modified. The Owner shall be permitted to construct up to sixty (60) residential townhouse units rather than condominium units on that portion of the Townhome Property identified as the "Development Area" on Exhibit "A" to the Third Amendment to Settlement Agreement. The parties agree and stipulate that subject to the issuance of all required permits, the future development of Townhome Property shall be governed by the provisions of Paragraph 3.0. contained within the Third Amendment to Settlement Agreement, as modified by the Fourth Amendment to Settlement Agreement and this Fifth Amendment to Settlement Agreement. 4.0 In lieu of condominium units, the Owner shall be permitted to construct up to sixty (60) residential townhouse units on the portion of the Townhome Property identified as "Development Area" on Exhibit "A" attached to the Third Amendment to Settlement Agreement ("Townhouse Unit Area"). The residential townhouse units shall be constructed on the Townhouse Unit Area in substantial conformance with the Approved Townhouse Plans. Further, the Owner acknowledges and agrees that Parcel `E" on Exhibit "A" attached to the Third Amendment to Settlement Agreement shall maintain its Golf Course designation under the Settlement Agreement. The Approved Townhouse Plans, as may be amended by the parties in accordance with the City Code, are hereby fully incorporated herein by this reference, and shall be kept on file at the Winter Springs City Hall. The Plans may be amended in accordance with the City Code, -3- from time to time, without requiring an amendment to this Fifth Amendment to Settlement Agreement. 5.0 Paragraph 3.0(a)(1) of the Third Amendment to Settlement Agreement is hereby deleted and revised to read as follows: Short-term transient rentals of the townhouse units on the Townhouse Unit Area shall be strictly prohibited. In furtherance of this restriction, the Owner agrees to deed restrict the residential townhouse units and provide that the rental of any of the residential townhouse units on the Townhouse Unit Area for a period of less than one (1) year is strictly prohibited. The City shall be a third party beneficiary under the deed restrictions for purposes of enforcing this rental restriction. Said deed restrictions shall be a condition of final engineering approval by the City. 6.0 The parties agree and hereby stipulate that the tennis court obligation set forth in Paragraph 3.0(a)(2) of the Third Amendment to Settlement Agreement has been fully satisfied in that no additional tennis courts are required to be constructed. 7.0 Paragraph 3.0(a)(3) of the Third Amendment to Settlement Agreement is hereby deleted. 8.0 Paragraph 3.0(b) of the Third Amendment to Settlement Agreement is hereby deleted and revised to read as follows: The Owner and the City acknowledge that there are wetland, flood plain, and flood way mitigation issues on the Townhome Property which must be satisfactorily addressed in order to permit the sixty (60) residential townhouse units to be constructed. The Owner agrees to diligently pursue a Letter of Map Revision (LOMR) from the Federal Emergency Management Agency (FEMA) for any encroachments into the 100-year flood plain and flood way, as said areas are defined by law. For reference only, the location of the flood plain and flood way is generally depicted on the Approved Townhouse Plans. All such encroachments are subject to review and approval by the City and FEMA. Owner shall submit such engineering data that is reasonably necessary to satisfy the City and FEMA. If the City requires the services of an engineering consultant to review the engineering data supplied by Owner, Owner shall reimburse the City for the reasonable costs of all such services. 9.0 The parties agree and hereby stipulate that the obligations set forth in Paragraph 7.0 of the Third Amendment to Settlement Agreement had been fully and completely satisfied. -4- 10.0 The parties hereby acknowledge that the described golf course maintenance building previously located on Parcel 7 has been relocated to the Parcel 8 remainder pursuant to Paragraph 2.0 of the Fourth Amendment to Settlement Agreement. 11.0 The parties hereby acknowledge that the excavation and relocation of the soil pursuant to Paragraph 3.0 of the Fourth Amendment to Settlement Agreement have been accomplished and fully satisfied. However, the water level in the borrow pond did not rise to the level represented in the design plans. Therefore, additional side slope landscaping by Owner shall be required to enhance the appearance of the pond as a condition of final acceptance by the City of the townhome site development on the Townhome Property. 12.0 Paragraph 4.0 of the Fourth Amendment to Settlement Agreement is hereby deleted and revised to read as follows: No later than the date on which the first temporary or permanent Certificate of Occupancy is issued by the City for any townhouse unit on the Townhouse Unit Area, the Owner shall obtain for the benefit of the City an emergency ingress and egress for the Townhome Property in the form attached hereto and incorporated hereby as Exhibit "C". 13.0 RECORDATION. This Agreement shall be recorded in the Public Records of Seminole County, Florida. [Signature Page Follows] -5- IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the date fast above written. Signed, sealed and delivered in the presence of: A CITY OF WINTER SPRDI S By: Charles acey, !�ayZ as City Clerk APPROVED AS TO FORM AND LEGALITY for the use and reliance of the City of Winter Springs only. Date: eO >Y f tl By: An ony A. Garganese City Attorney for the City of Winter Springs, Florida STATE OF FLORIDA. COUNTY OFF The foregoing instrument was acknowledged before me this � day of October , 2011 les Lacey, as Mayor of the City of Winter Springs, Florida, who is rsonally kn to me or who has produced a driver's license or identifica on car , or who has produced as identification. My commission expires: N Public r ` 'cn �1on�im�ahove��� ,,a* 140tary Public State of Floes$ (Print Name of Notary Public on line above) :� Andrea Lorenzo-Luaces My camm"lon EE087574 ''SEAL Signed, sealed and delivered in the presence of - Wig ftsignon �Iimneaibove) f (Witness to print name on line above) (�2 (W. ss to sign on line bove) i C,C— (Witness to print name online above) STATE OF FLORIDA COUNTY OF OWNER: MORGRAN GREENS, LLC, a Florida ' ited liability company By: ' Dante Thall, as Vice President The foregoing instrument was acknowledged before me this day of October, 2011, by Daniel Thall, as Vice President of Morgran Greens, LLC, a Florida limited liability company, on behalf of the Company, -ho is ersonall know:ri 2 me--pr who has produced a driver's license or identification card, or who has produced as identification. My commission expires: (NOTARY SEAL) DAWN BACHAN-MUCKUNLALL y, MY COMMISSION # DD957868 EXPIRES February 12, 2014 [4p7j39d-6i53 FlgrtlaNatarySsrvi�e,cam Public on line above) Name of Notary Public online above) WAI -Z-,� EXHIBIT "A" uj O N N ¢ 2 N C,jw0 CO j� 40 ��CUIu UU¢ �LL.J000`� 0 tr O w 4 4 �� 4 0. ❑ Q IM-06, Of! Ug 11 He es mud Lga}w't rw!Amoi i Aw. DESCRIPTION: EXHIBIT s A PORTION OF LOT 9, THE EAST PART OF PHILIP R. _YOUNG GRANT, SOUTH PART AS RECORDED IN PLAT BOOK 1, PAGE 38, IN THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA; LYING IN SECTION 7, TOWNSHIP 21 SOUTH, RANGE 31 EAST, SEMINOLE COUNTY, FLORIDA: BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF LOT 10, CHELSEA PARC AT TUSCAWILLA, PHASE 1, PLAT BOOK 45, PAGES.82-83, AS RECORDED IN PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA; THENCE ALONG THE SOUTH LINE OF TRACT A, CHELSEA PARC AT TUSCAWILLA NORTH 65'11'45" WEST, A DISTANCE OF 105.09 FEET; THENCE DEPARTING THE SOUTHERLY LINE OF TRACT A NORTH 87'21'25 WEST, A DISTANCE OF 559.92 FEET; THENCE NORTH 67'55'28" WEST, A DISTANCE OF 136.13 FEET, THENCE SOUTH 23'12'1'1" WEST, A DISTANCE OF 20.89 FEET TO THE POINT OF BEGINNING; THENCE NORTH 81'48'42" WEST, A DISTANCE OF 156.81 FEET; THENCE SOUTH 23'12'11" WEST, A DISTANCE OF 8.04 FEET; THENCE SOUTH 66'47'49" EAST, A DISTANCE OF 151.45 FEET; THENCE NORTH 23`12'11" EAST, A DISTANCE OF 46.66 FEET TO THE POINT OF BEGINNING. In accordance with C1-1=61 G17-6 of the Florida Administrative Code, this Description and Sketch of Description bears the notation: THIS IS NOT A SURVEY. SHEET 1 OF 2 SEE SHEET 2 OF 2 FOR SKETCH BEARINGS SHOWN HEREON ARE BASED ON THE SOUTH LINE OF LOT 10 AS BEING .N65i1'45'W , PER PLAT BOOK 4.9. PAGE B2-83. SKETCH OF DESCRIPTION OF PARCEL B TUSCAWILLA COUNTRY CLUB SEMINOLE! COUNTY, FLORIDA SECTION 7-21-31 OAM DV24/07 ,:AI F• N/A _ APPROVED BY: GJS JOB N0. 7070901SOD.DWS RAft UY: SCS REl ISED- 1. THE SURVEYOR HAS NOT ABSTRACTED THE W40 SHOWN HEREON FOR EASEMENTS, RIGHT OF WAY, RE57RICTIONS OF RECORD VCdICH MAY AFFECT TH: TITLE OR USE OF THE LAND L NO IMPROVEMENTS HAVE BEEN LOCATED. 3. NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. AM EFRI CAN SSU R VEYI N G ,29-,--M APPING INC_ CE9T1FlCA7"3N OF AUTHORIZATION NUMBER LBJ5393 1030 N. OR€.ANDO AVE. SUITE B- VANTER PARK, FLORIDA 327tl3 `F ' S IURG, 1['C € —`Sf 6?6C r (IjU7 42n-7975 s GE, �L 1Vft.P.ME.RIC,S: Si7Ry ft;Cn�Dt€APPING.COM j DATE: u I HM MMU79=101 TU'"LLA rMRTI'RY cw5%&.gV07uem PARCF A,s,C A DBF SCOAN9,1Pl MM Mi:U vd. ®L-p"� t:W EXHIBIT "B-2" ` o v l 1 L 0 o m m u C5 o a "Q n o .0 o w En_ D N D � D N 5 �rN1 T D Y A Cl m 0 0 z N 00 ['] m nn 0A N h3 CD '"d c >Z N w m 7� • s� �'p � W O C � O —1 E4 01 Ln �D fG N O 7trgo RO, (or �. -'%z gym° a 40, Clip, -� 8q q, I - EXIMBIT "B-3" DESCRIPTION; A PORTION OF LOT 9, THE EAST PART OF PHILIP R. YOUNG GRANT, SOUTH PART, AS RECORDED IN PLAT BOOK 1, PAGE 38, IN THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA. LYING IN SECTION, 7, TOWNSHIP 21 SOUTH, RANGE 31 EAST, SEMINOLE COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF LOT 10, CHELSEA PARC AT TUSCAWILLA, PHASE I, AS RECORD IN PLAT BOOK 45, PAGES 82-83, IN THE PUBLIC RECORDS OF SEMINOLE COUNTY; FLORIDA; THENCE ALONG THE SOUTH LINE OF TRACT A, CHELSEA PARC AT- TUSCAWILL A NORTH 65'11'45" WEST, A DISTANCE OF 105.09 FEET; THENCE DEPARTING THE SOUTHERLY LINE OF TRACT A NORTH 87'21'25" WEST, A DISTANCE OF 446.41 FEET TO THE POINT OF BEGINNING; THENCE NORTH 00'23'58" EAST, A DISTANCE OF 1.54 FEET; THENCE NORTH 81'48'4-2" WEST, A DISTANCE OF 16.3.29 FEET; THENCE SOUTH 67-55-28" EAST, A DISTANCE OF 52.04 FEET; THENCE SOUTH 87'21'25" EAST, A DISTANCE OF 113.51 FEET TO THE POINT OF BEGINNING. In accordance With CH-61 (317-6 of the Florida Administrative Code, this Description and Sketch of Description bears the notation: THIS IS NOT A SURVEY. SHEET 1 OF 2 SEE SHEET 2 OF 2 FOR SKETCH BEARINGS SHOWN HEREON ARE BASED ON THE SOUTHERLY 1. THE SURVEYOR HAS NOT ABSTRACTED THE LINE OF TRACT A AS BEING N6571'45'W, PLAT BOOK 45, LAND SHOWN H�EON FOR EASEMENTS, RIGHT PAGE 02-63. OF WAY, RESTRICTIONS OF RECORD WHICH MAY AFFECT THE TITLE OR USE OF THE LAND 2. Na IMPROVEMENTSHAVE BEEN LOCATED, SKETCH OF DESCRIPTION VAUDIYIT 3. NOT VALID HOUOUT THE SIGNATURE AND OF THE ORIGINAL RAISED SEAL OF A FLORIDA PARCE3. A LICENSED SURVEYOR AND MAPPER. 7USCAWILIA COUNTRY CLUB 3EMINOLE COUNTY. FLORIDA SECTION 7-21--31 )AT, 09/24/07 REVISED: AM E R I C A N SCALE, N/A S O U FR V E Y I N G APPROVED BY: GS cg--M A P P I N G I N C_ Cir4TACATIWI of ALIT, 3CRIZA7104 NLNOER LS,�6353 JOF No. i07QPDiSOD.DWS } G3G N. ORLANDO AV^ 5U� S SCS - WINTER F7 a2s s7sz7a; GENEL J. SFURE PSN ,ta6o6f DRA yN BY: rtt}a DATE: Y7WW.A}.IcRIC SORVEYINGANUMAPPING.COW H32=7071Tl70901 TISM%U CGUNTRYeLUSW6 917070eai PARCE A,a.G & DBFSMAn% 110—Wa7 aD29 RA estLLr0-4 t-60 EXHIBIT " B-4" m O p r+ u v ` � t v o w in <� �'- � a v m a m v QI N VI fR O N Q G—1 flN T "n O --t -n r m O Z z O V �a� O oz� v-" n B S31:10SZ m ,� ooap0 ! s � .> w ! v 0 2 N F z 1 19 0To m m r1i '^ �1 f. ASS r 1 P AS�q x-ea. EXMBIT "B--5" DESCRIPTION: A PORTION OF LOT 8, THE EAST PART OF PHIUP R. YOUNG GRANT, SOUTH PART, AS RECORDED IN PLAT BOOK 1, PAGE 38, OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA. LYING IN SEC11ON 7, TOWNSHIP 21 SOUTH, RANGE 31 EAST, SEMINOLE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF LOT 10, CHELSEA PARC AT TUSCAWILLA PHASE I, AS RECORDED IN PLAT BOOK 45, PAGES 82-83; THENCE ALONG THE SOUTH LINE OF TRACT A, CHELSEA PARC AT TUSCAYfl.H A PHASE I, PLAT BOOK 45, PAGES 82-83 NORTH 65*11'45" WEST, A DISIANCE OF 105.09 FEET; THENCE DEPARTING THE SOUTH LINE OF TRACT A, CHELSEA PARC AT TUSCAWILLA, PHASE I, PLAT BOOK 45, PAGES 82-83 NORTH 87'21'25" WEST, A DISTANCE OF 445.41 FEET TO THE POINT OF BEGINNING; THENCE NORTH 87'21'25" WEST, A DISTANCE OF 113.51 FEET; THENCE NORTH 6755'28" WEST, A DISTANCE OF 136.13 FEET; THENCE SOUTH 23'12'11" WEST, A DISTANCE OF 69.55 FEET; THENCE NORTH 66`47'49" WEST, A DISTANCE OF 151.45 FEET; THENCE NORTH 23'12'11" EAST, A DISTANCE OF 115.99 FEET; THENCE SOUTH 89'44214' EAST, A DISTANCE OF 75.19 FEET; THENCE NORTH 00'15'46" EAST, A DISTANCE OF 116.55 FEET; THENCE NORTH 61'13'03" EAST, A DISTANCE OF 11.74 FEET; THENCE NORTH 00'24'38" EAST, A DISTANCE OF 183.86 FEET; THENCE NORTH 00'26'43" EAST, A DISTANCE OF 193.64 FEET; THENCE SOUTH 89-58-36" EAST, A DISTANCE OF 299.33 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 2,292.44 FEET, A CENTRAL ANGLE OF 12'18'30" AND A CHORD DISTANCE OF 491.51 FEET WHICH BEARS SOUTH 83'49'21" EAST; THENCE EASTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 492.46 FEET; THENCE SOUTH 12'07'45" WEST, A DISTANCE OF 161.19 FEET; THENCE SOUTH 70'22'15" WEST, A DISTANCE OF 109.14 FEET; THENCE SOUTH 68'49'03" WEST, A DISTANCE OF 178.51 FEET; THENCE NORTH 85'53'45" WEST, A DISTANCE OF 96.79 FEET; THENCE NORTH 88'48'42" WEST, A DISTANCE OF 80.84 FEET; THENCE SOUTH 00'04'17" WEST, A DISTANCE OF 125.75 FEET; THENCE SOUTH 2935'27" WEST, A DISTANCE OF 70.03 FEET; THENCE SOUTH 00'23'58" WEST, A DISTANCE OF 168.28 FEET TO THE POINT OF BEGINNING. CONTAINING 7.54 ACRES (328,635 SQUARE FEET), MORE OR LESS. In accordance with CH-61 G17-6 of the Florida Administrative Code, this Description and Sketch of Description bears the notation: THIS IS NOT -A SURVEY. SHEET 1 OF 2 SEE SHEET 2 OF 2 FOR SKETCH BEARI4GS SHOWN HEREON ARE BASED ON THE SOUTH -LINE OF TRACT A AS BEING N65-11'45"W, PER PLAT BOOK 45, PAGES 132—B3. SKETCH OF DESCRI 10- OF PARCEL F TUSCAYALLA COUNTRY CLUB 41NOLE COUNTY, FLORTDA SFi'"nnm 7-7i-it DATE: 1D/04/07 ,_ t zPPROV:D BY: 3 JOB No. 7070901 DRAYIN BY: SCS REVISED: A5M- m g��I� )i/1 �~ICI— p 14 S LJ � iS a 2 " 8--MAPPING; INC_ CERTIFICATION Or AU7r.GRIZATiON NUMBER LSf5393 WSCI N. OR"NDO AVE, SUITE B WINTER PARK, FLORIDA 32799 (407) 42E-7979 Y Ml I. MEiICANSURVEYINW,NDMA. PINC,cr_u ; I. THE SURVEYOR HAS NOT NaS RACTED THE LANC SHOWN. HEREON FOR EASEWENTS, RIGHT OF WAY, RESTRIC BONS OF RECORD V HM MAY AFFECT THE TITLE CR USE OF THE LAND 2. NO IMPROVEMENTS HAVE 9EEN LOCATED. 3. NOT VAUD WTHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. 4. THIS DOCUMENT CONSISTS OF 2 SHEETS NOT FALL OR COMPLETE %7THOUT ALL SHEETS. -a;7 GENEL J.- STLIRGZON, PSM #5866 D ATE: , 6 i •i91 J u5�b'ip'zi S 3 d r N N m ro ¢� 'ram 14 tt� II m .3 unC�z D w C of m w�flUU In J a m� Z2 tm �T cn w H, EXHIBIT "B-u ' I17 U7 l(] M c Z yco a o ,SL'SZ1 Go M „L l t,0.00 S z ,1 IT ,*9'£61 3 „2-V,9Z.00 N ,99.29L 3 „92,�Z.00 N r,� 9S'94i w 3 „9-k,g LOO N O �¢ toI` }IMS INMO DW= 'd dn[Hd 36 .l4Z LSY3 3H1 ,r T 6 IM [D Z e r ,9Z'B9l M „9S,cz.00 S n w M �r4L 9s� V 0 En � n Q N b cV � *°1 N i N� o /6g• r o z S 4i r7�LU W ¢ o N to Q 0 Q LQ n zod < do � ,Zn Um r L Fad 1 p= w �o�rtf . 'cEN— EXHIBIT "C-7" DESCRIPTION: A PORTION OF LOTS 5 AND 8, THE EAST PART OF PHILIP R. YOUNG GRANT, SOUTH PART, AS RECORDED IN PLAT BOOK 1, PAGE 38, OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA. LYING IN SECTION 7, TOWNSHIP 21 SOUTH, RANGE 31 EAST, SEMINOLE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF LOT 10, CHELSEA PARC AT TUSCAWILLA PHASE I AS RECORDED IN PLAT BOOK 45, PAGES 82--83; THENCE ALONG THE SOUTH LINE OF TRACT A, CHELSEA PARC AT TUSCAWILLA PHASE I AS RECORDED 1N PLAT BOOK 45, PAGES 82-83 NORTH 65'11'45" WEST, A DISTANCE' OF 105.09 FEET TO THE POINT OF BEGINNING; THENCE DEPARTING THE SOUTH LINE OF TRACT A NORTH 87'21'25" WEST, A DISTANCE OF 446.41 FEET; THENCE NORTH 00'23'58" EAST, A DISTANCE OF 168.28 FEET; THENCE NORTH 29'35'27" EAST, A DISTANCE OF 70.03 FEET; THENCE NORTH 00'04'17" EAST, A DISTANCE OF 125.75 FEET; THENCE SOUTH 88-48'42" EAST, A DISTANCE OF 80.84 FEET; THENCE SOUTH 85'53'45" EAST, A DISTANCE OF 96.79 FEET; THENCE NORTH 68'49'03" EAST, A DISTANCE OF 178.51 FEET, THENCE NORTH 70'22'15" EAST, A DISTANCE OF 109.14 FEET; THENCE NORTH 12'07'45" EAST, A DISTANCE OF 161.19 FEET TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF WINTER SPRINGS BOULEVARD, ALSO BEING A POINT OF CURVATURE OF A NON —TANGENT CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 2,292.44 FEET, A CENTRAL ANGLE OF 04'04'19" AND A CHORD DISTANCE OF 162.89 FEET WHICH BEARS SOUTH 75'37 57 EAST; THENCE EASTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 162.92 FEET TO A POINT OF INTERSECTION OF A NON TANGENT LINE; THENCE SOUTH '29'47'02" WEST, A DISTANCE OF 14.62 FEET; THENCE SOUTH 17'37'2B" EAST, A DISTANCE OF 70.78 FEET; THENCE SOUTH 36-07-55' WEST, A DISTANCE OF 67.49 FEET; THENCE NORTH 76'26'55" WEST, A DISTANCE OF 72.69 FEET; THENCE SOUTH 51'59'49" WEST, A DISTANCE OF 77.50 FELT; THENCE SOUTH 22'25'15" WEST, A DISTANCE OF 276.24 FEET; THENCE SOUTH 01'0,2'05" EAST, A D19TANCE OF 114488 FEET TO A POINT OF CURVATURE OF A NON —TANGENT CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 55.84 FEET, A CENTRAL ANGLE OF 64'09'37" AND A CHORD DISTANCE OF 59.31 FEET WHICH BEARS SOUTH 33'06'•57" EAST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 62.53 FEET TO THE POINT.OF BEGINNING. In accordance with CH-61 G17-6 of the Florida Administrative Code, this Description and Sketch of Description bears the notation: THIS IS NOT A SURVEY. SHEET 1 OF 2 SEE SHEET 2 OF 2 FOR SKETCH BEARINGS SHOWN HEREON ARE BASED ON THE SOUTH, LINE 1. THE SUR'JEYOR HAS NOT ABSTRAC-FEDTHE � OF TRACT A AS BEING N6511'45"W. PER PLAT BOOK 45, LAND SHOWNHEREON FOR EASEMENTS, RIGHT OF WAY, RESIRICTIONS OF RECORD WHIQH MAY PAGES 82-83. AFFECT THE TITLE OR USE OF THE LAND 2. NO IMPROVUENTS HAVr BEEN LOCATED. SKETCH OF DESCRIPTION 3. NOT VALID -WTHOLITTHE SIGNATURE AND OF ENSEDFLORIDA LICENSED SURVEYOR ANMAPPER. PARCEL E 4. THIS DOCUMENT CONSISTS OF 2 SHE, _ TUSCAWILLA COUNTRY CLUB NOT FULL. OR COMPLETE ;YkTHOUT ALL SHEELS. ENOLE COUNTY. FLORIDA SECTION 7-21--31 A R N GA D9/24/07 DATE. REVISED: 4SS U F;' SCALE: �A N t ,,� APPROVED BY: — 7070S01 <& MAPPING INC. CrrZTiFCATION' OF AUTHORlLAT1GAi ;IUM2ER 1_1348393 S IG30 N. ORLANDO AVE, SUITE fi f q � JOB No. HINTER PARK, FLORIDA 32789 I. TLI GE{]la, P51v1 '58EE DRAYIN 8Y: uH (4071426-7979 yAyyyAsJ�uOax5LIRVEYSHGAYD�AFPING.00M A�: DATE: F SKETCH OF DESCRIPTION: jLAMBIT "C-8" PARCEL E TU5CAMLLA COUNTRY CLUB