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HomeMy WebLinkAboutTab 79 Tuscawilla Property Investors LLC.pdfTHIS INSTRUMENT WAS PREPARED BY AND SHOULD BE RETURNED TO: Anthony A. Garganese City Attorney of Winter Springs Garganese, Weiss, D'Agresta & Salzman, P.A. 111 N. Orange Avenue, Suite 2000 Orlando, FL 32802 (407)425-9566 GRANT MALOY, SEMINOLE COUNTY CLERK OF CIRCUIT COURT & COMPTROLLER CFN#2021041348 Sk:9887 Page:718-751(3413gs) REC: ON3112021 8:14:32 AM by jeckenrath RECORDING FEES $290.50 FOR RECORDING DEPARTMENT USE ONLY DEVELOPMENT AND PROPERTY DIVISION AGREEMENT Winter Springs Marketplace/Tuscawilla Property Investors THIS DEVELOPMENT AGREEMENT ("Agreement") is made and executed this day of Mal\ (L 1 , 2021, by and between the CITY OF WINTER SPRINGS, a Florida Municipal Corporation ("City"), whose address is 1126 East S.R. 434, Winter Springs, Florida 32708, and TUSCAWILLA PROPERTY INVESTORS, LLC, a Florida Limited Liability Company, whose address is 630 S Maitland Avenue, Suite 100, Maitland, Florida 32751 ("Developer"). WITNESSETH: WHEREAS, Developer is the owner of approximately 8.278 acres, more or less, of real property located southwest of the intersection of SR 434 and Tuskawilla Road, in Winter Springs, Seminole County, Florida, zoned Town Center (T5 Transect), more particularly described herein ("Property"); and WHEREAS, the Developer is under contract, and intends, to purchase the additional property constituting approximately 1.95 acres, more or less, also located southwest of the intersection of SR 434 and Tuskawilla Road, in Winter Springs, Seminole County, Florida, zoned Town Center (T5 Transect), more particularly described herein, which is currently owned by Anna Ondick, Individually and as a Successor Trustee of the Robbie R. Ondick Revocable Trust dated October 7, 1991, as amended and restated on August 3, 1994 by the First Amendment and Restatement of the Robbie R. Ondick Revocable Trust dated October 7, 1991, as further amended on March 25, 1999 by First Amendment to the First Amendment and Restatement of the Robbie R. Ondick Revocable Trust dated October 7, 1991 ("Trust Property"); and DEVELOPMENT AGREEMENT City of Winter Springs and Tuscawilla Property Investors, LLC Page 1 of 34 WHEREAS, Anna Ondick, as successor trustee of the Trust, also signed the application for the Final Engineering/Site Plan Approval, Aesthetic Plan Approval, Specimen Tree Removal and certain Waivers from the City Code; and WHEREAS, Developer has applied for Final Engineering/Site Plan Approval, Aesthetic Plan Approval for certain buildings on the Property, Specimen Tree Removal, and certain Waivers from the City Code in order to construct a shopping center consisting of five (5) buildings; and WHEREAS, pursuant to Chapter 20 Zoning, Article II, Division 1, Section 20-29.1 of the Winter Springs City Code ("City Code"), a community workshop for the Project was held on May 28, 2020; and WHEREAS, Section 20-29(c) of the City Code requires that all site plans and waivers shall be binding on the use of the subject property and, further, that as a condition of approval by the City Commission, all development projects requiring a community workshop pursuant to Section 20-29.1 of the City Code shall be required to be memorialized in a binding development agreement; and WHEREAS, this Development Agreement shall be recorded against the Property so that the terms and conditions of approval related to the Project shall run with the land; and NOW THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties mutually agree as follows: 1.0 Recitals. The foregoing recitals are true and correct and are hereby incorporated herein by this reference. 2.0 Authority. This Agreement is entered into pursuant to the Florida Municipal Home Rule Powers Act. 3.0 The Property and Trust Propei-tY. The Property subject to this Agreement is legally described in EXHIBIT "A", attached hereto and fully incorporated herein by this reference ("Property"). The Trust Property described in the Recitals and subject to this Agreement is legally described in EXHIBIT "B", attached hereto and fully incorporated herein by this reference ("Trust Property"). Developer represents and warrants to the City that it has entered into a written contract ("Purchase Agreement") to purchase the Trust Property and that the Developer intends to expeditiously pursue the completion of the closing on the Trust Property upon the Effective Date of this Agreement. Based on this representation and warranty to the City, Developer further represents and warrants to the City that it can enter into this Agreement with respect to the Trust Property for the limited purposes set forth herein prior to its acquisition of the Trust Property. However, the acquisition of fee title to the Trust Property by the Developer shall be a condition of the City's approval of the Final Engineering Plans/Site Plan and Waivers as applicable to the Trust DEVELOPMENT AGREEMENT City of Winter Springs and Tuscawilla Property Investors, LLC Page 2 of 34 Property, except to the extent of clearing, grading, grubbing and seeding of the Trust Property, for which the Developer has provided a Reciprocal Easement Agreement dated November 10, 2020, recorded in Official Records book 9757, Page 1335, Public Records of Seminole County, Florida (the "REA"). The REA specifically authorizes the Developer to perform site preparation for future development of the Trust Property, such as clearing, grading/grubbing and seeding, and such site preparation shall be a condition of this Agreement pursuant to the terms and conditions set forth in Section 4.1(J). Developer shall keep the City fully apprised of the status of said closing and shall faithfully and expeditiously complete the closing no later than one year of the Effective Date of this Agreement. (`Closing Date"). If Developer fails to complete the closing by the Closing Date, approval of the Final Engineering/Site Plan and Waivers as applicable to the Trust Property, except for clearing, grading and seeding, shall be automatically revoked. Specifically, the approval of the engineering for the intended fast food restaurant, including the fast food restaurant building and supporting parking, drive aisles and utilities, shown on "Lot 3" of the "Overall Site Plan", Sheet C4.0 of the Final Engineering Plans ("Fast Food Restaurant Improvements") shall be void, except for clearing, grading and seeding. The parties agree that upon conveyance of the Trust Property to Developer, this Agreement shall automatically bind, and benefit and burden, such Trust Property, and that the definition of "Property" and "Project" herein shall automatically be modified to include the Trust Property, without any further action required by either party. Upon closing of the Trust Property and conveyance to the Developer, the conditional approval of the Final Engineering/Site Plan and Waivers as applicable to the Trust Property and the Fast Food Restaurant Improvements shall become final and binding. 4.0 Project Description and Requirements; Phasing. Developer shall, at its expense, design, permit and construct a five -building shopping center in a two phases on the Property, for a total of approximately 59,000 square feet of building space, as well as supporting infrastructure, stormwater pond, parking lots, and landscaping. (Hereinafter the project description and requirements are referred to as the "Project"). The "Overall Site Plan", Sheet C4.0 of the Final Engineering Plans, is attached hereto as EXHIBIT "C" for convenience and incorporated herein by this reference. The Developer shall construct the Project in a manner consistent with the approved Final Engineering/Site Plans, Aesthetic Plans, and Waivers that are on file with the City with the following file numbers and consistent with the requirements contained in this Agreement. - File Nos: SP2020-0018 Final Engineering/Site Plans, AE2020-0029 Aesthetic Review, WA2020-0026 Waiver Phase I of the Project shall consist of all buildings and improvements on the Property and clearing, grading and seeding of the Trust Property; Phase II shall consist of the Fast Food Restaurant Improvements on the Trust Property. Any development of the Future Development Area, located on the Trust Property and as shown on the "Overall Site Plan", Sheet C4.0 of the Final Engineering Plans, shall require an amendment to this Agreement. DEVELOPMENT AGREEMENT City of Winter Springs and Tuscawilla Property Investors, LLC Page 3 of 34 4.1 Specific conditions of approval. Specific conditions of approval for the above -referenced Final Engineering Plans, Aesthetic Plans and Waivers, include the following, which are also addressed in the staff report for the Final Engineering/Site Plans, Aesthetic Plans, and Waivers: A. To the extent that the driveway access to SR 434 and the underground chambers for stormwater collection and treatment to service the driveway as shown on the "Overall Site Plan", Sheet C4.0 and the Overall Drainage Plan, Sheet C6.0 of the Final Engineering Plans, are located on the Trust Property, the Developer shall be required to secure easements from the Trust to allow for the construction, installation and maintenance of such facilities prior to issuance of any site clearing or building permits for the Property, if the same have not already been obtained. Except for grading and seeding/grass installation plans and except to the extent adequate easements for the driveway access to SR 434 and the underground chambers for stormwater collection and treatment are secured (if not already obtained), approval of the Final Engineering/Site Plan and Waivers as applicable to the Trust Property shall be contingent upon the Developer acquiring the Trust Property within one year of the Effective Date of this Agreement. B. In the event the Developer acquires the Trust Property within one year of the Effective Date of this Agreement, Developer shall extend and install the planned streetscape along the SR 434 and Tuskawilla Road frontage of the Trust Property to match the streetscape planned for the Property. The Trust Property streetscape shall be installed either in conjunction with the Property streetscape or within twelve (12) months following acquisition of the Trust Property (subject to Section 25.0), whichever is later. However, in the event that Developer does not acquire the Trust Property and fails to complete the closing, Developer shall install as much of a matching streetscape as possible within the existing rights -of -way on SR 434 and Tuskawilla Road adjacent to the Trust Property concurrent with the installation of the streetscape on the Property. C. In the event the Developer acquires the Trust Property, the Developer shall as soon as possible thereafter demolish the existing pole sign and existing building at the corner of SR 434 and Tuskawilla Road. In any case, the Developer shall use its best faith efforts to secure the authorization from the Trust to remove the existing pole sign and existing building as soon as possible. D. A Reciprocal Easement Agreement dated November 10, 2020 has been recorded in Official Records book 9757, Page 1335, Public Records of Seminole County, Florida (the "REA") affecting the Property. Developer is relying upon the REA for master planning common infrastructure between the Property and Trust Property and permitting the Project with the City. Therefore, should the REA terminate and a substantially similar agreement or declaration not be of record providing for the master planning common infrastructure between the Property and the Trust Property, Developer shall be required obtain an amendment to the Final Engineering/Site Plan in order to demonstrate to the City that the Project can standalone on the Property relative to adequate access, parking, utilities, drainage and any other previously shared infrastructure under the REA. Further, should the Property be further divided in any manner not DEVELOPMENT AGREEMENT City of Winter Springs and Tuscawilla Property Investors, LLC Page 4 of 34 authorized by Section 28.0 of this Agreement, the City shall require, prior to the approval of the division of land, that the Developer demonstrate adequate access, parking, utilities and drainage including any other easements necessary for common infrastructure on the Property which is not already demonstrated by the REA or substantially similar agreement or declaration of record. E. The onsite wastewater collection system required to be constructed for the Project, up to the connection at the City's manhole in Solaris Wharf Street, is to be owned and maintained by the Developer and/or future owners of the Property. F. The onsite potable water system required to be constructed for the Project, up to and including the meters at each building, is to be dedicated to the City for ownership and maintenance. A10-foot wide utility non-exclusive easement, centered over the water lines as shown in the Final Engineering Plans, shall be dedicated to the City and an appropriate bill of sale for the potable water system as described herein shall be delivered to the City prior to the issuance of any certificate of occupancy in a form acceptable to the City Attorney, free and clear of all liens. Upon completion and acceptance of the potable water system improvements by the City, the potable water system improvements shall be owned by the City and maintained, repaired and replaced by the City. In addition, the onsite irrigation system shall be connected to the City's reuse system. The onsite irrigation system shall be owned and maintained by the Developer and/or future owners of the Property; provided, however, should any irrigation system and applicable meter be located on any single lot within the Project, then such system may be owned and maintained by the owner or occupant of such lot. The City's meter for the reuse connection shall be located at the right-of-way line in an easement dedicated to the City in a form acceptable to the City Attorney prior to the issuance of any certificate of occupancy. G. Developer shall be required to plant at least 296 credits of new replacement trees, which shall include at least six (6) 10" d.b.h Quercus Virginia/Live Oaks to mitigate the removal of six (6) viable specimen trees on the Property. All required tree replacements shall be planted prior to the issuance of any final certificate of occupancy for any building on the Property. Tree replacements and landscaping shall be subject to the obligation of ongoing maintenance and replacement for the first two years following planting, at the Developer's expense, if the City determines, after reasonable inspection, that any tree or landscaping has become severely diseased or damaged to the point that the viability of the tree or landscaping has been significantly compromised. In the event that Developer fails to perform the necessary maintenance, repairs or replacements of any of the trees or landscaping, the City shall have the right, but not obligation, to conduct said maintenance, repairs or replacements and recover the actual cost thereof from the Developer. Prior to exercising that right, the City shall provide the Developer written notice and an explanation of the specific default and at least thirty (30) days in which to cure the default. If Developer fails to cure the default by the end of the cure period, the City may exercise its rights to maintain and replace at any time thereafter. The Developer shall additionally submit: (1) a $112,800.00 tree bank mitigation payment for trees that are not possible to replace on the Property; and (2) a Landscape Performance and Maintenance Bond in a form acceptable to the City Attorney ensuring planting and installation of all required DEVELOPMENT AGREEMENT City of Winter Springs and Tuseawilla Property Investors, LLC Page 5 of 34 trees and landscaping should the Project be abandoned after the Property has been cleared and proper maintenance of the trees for two (2) years after planting. The tree bank mitigation payment and Landscape Performance and Maintenance Bond shall be submitted prior to obtaining the first clearing and grading or building permit, whichever is earlier. H. No building in the Project shall exceed a height of three stories. I. The City Commission herein imposes certain use restrictions greater than those otherwise specified in the Town Center zoning district to ensure any negative impacts of the commercial development are minimized and to ensure the future development is compatible with the surrounding uses. The following uses shall be permitted on the Property: 1. Alcoholic beverage sales (package) 2. Alcoholic beverage on -premises consumption 3. Art supplies and picture framing shops 4. Artists' (such as painters, sculptures, and craft makers) studios 5. Alterations, Tailoring and Shoe Repair 6. Confectionary and ice cream stores (including outside dining) 7. Dance and music studios 8. Interior decorating and draperies 9. Pet shops and grooming 10. Photographic studios 11. Physical fitness and health clubs 12. Professional and Business Offices including: a. Advertising Agencies b. Bookkeeper C. Dental d. Insurance e. Medical (clinics and laboratories) f. Title Companies g. Travel Agency 13. Restaurants, sidewalk cafes, 14. Retail uses as follows: a. Appliances, sales and service b. Antique and gift shop C. Bakery, including wholesale DEVELOPMENT AGREEMENT City of Winter Springs and Tuscawilla Property Investors, LLC Page 6 of 34 d. Bridal shop e. Bicycle, sales/service f. Bookstores, stationery, newsstands g. Butcher shop h. Carpets, rugs and linoleum i. Computers, hardware/software/sales/service j. Drug and sundry stores (including General stores, such as Dollar Tree, Family Dollar or Dollar General) k. Dry cleaner/ Tailoring shops 1. Florist/Gift Shop M. Financial institutions, banks, savings/loan (Requires Conditional Use) n. Furniture o. Grocers, including wholesale P. Hardware store q. Health food/ Snack shop r. Hobby/ craft shop S. Jewelry t. Office and stationary supplies U. Paint store V. Quick printers W. Rental stores, excluding auto/truck rentals X. Sporting goods Y. Toy stores Z. Wearing apparel stores 15. Salon including nail, hair, and tanning There shall be no retail sales, manufacturing, or compounding of any products derived from the hemp plant or cannabis plant, including CBD (cannabidiol). J. All grass areas on the Property and Trust Property shall use Bahia grass. No St. Augustine grass or grass types with low drought tolerance shall be permitted. In accordance with the REA, the Developer shall elect to clear, grub, and seed/grass the Trust Property and diligently pursue the consent and approval of the Trust to perform such work in conjunction with the clearing, grading and landscaping of the Property. K. Dumpster service and trash pickup for the Project is prohibited earlier than 7 a.m. and later than 7 p.m. L. Commercial delivery trucks to the grocery, retail stores, and restaurants shall not be permitted to access the Property via Roberts Family Lane. M. Project construction shall be limited to Monday -Saturday 7:00 a.m. to 8:00 p.m. Construction shall be prohibited Sundays and on federal holidays. DEVELOPMENT AGREEMENT City of Winter Springs and Tuscawilla Property Investors, LLC Page 7 of 34 N. All parking area lighting shall be designed so as not to produce glare on adjacent residential properties. Security lighting shall be provided in areas accessible to the public during nighttime hours, and such lighting shall be on a time -clock or photo -sensor system. O. Prior to commencement of construction, the Developer shall submit for the City's approval a plan detailing construction access and employee and contractor parking during construction. Employees and contractors and their equipment, materials and supplies shall not be parked or placed on Roberts Family Lane. 5.0 Future Permitting. The Developer shall be required to obtain Aesthetic Review approval for the remainder of the buildings not included in the Aesthetic Review file referenced above, as well as building permits, as required by the Winter Springs City Code. Developer shall be required to receive building permits and substantially commence vertical construction of buildings, which shall at minimum include building foundations, for the Project within two (2) years of the Effective Date of this Agreement. 6.0 Representations of the Parties. The City and Developer 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. The Developer further agrees and makes the following representations and warranties to the City: A. The Developer is lawfully seized of the Property in fee simple and has full and lawful authority to execute this Agreement and bind the Property as set forth herein. This Agreement will, when duly executed and delivered by the City and Developer, constitute a legal, valid and binding obligation enforceable against the parties hereto. Upon recording of this Agreement in the Public Records of Seminole County, Florida, the Agreement shall be a binding obligation upon the Property in accordance with the terms and conditions of this Agreement. Developer represents that it has voluntarily and willfully executed this Agreement for purposes of binding himself and the Property to the terms and conditions set forth in this Agreement. 7.0 Successors and Assigns. This Agreement shall automatically be binding upon and shall inure to the benefit of the City and Developer and their respective successors and assigns. The terms and conditions of this Agreement similarly shall be binding upon the Property, and shall run with title to the same upon being duly recorded against the Property by the City. 8.0 An icable Law; Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. The venue of any litigation arising out of this Agreement shall be in Seminole County, Florida or, for federal court actions, in Orlando, Florida. DEVELOPMENT AGREEMENT City of Winter Springs and Tuscawilla Property Investors, LLC Page 8 of 34 9.0 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. 10.0 Entire Agreement; Exhibits. This Agreement and all attached exhibits hereto supersede any other agreement, oral or written, regarding the Property and contain the entire agreement between the City and Developer as to the subject matter hereof. The Exhibits attached hereto and referenced herein are hereby fully incorporated herein by this reference. 11.0 Severability. If any provision of this Agreement shall be held to be invalid or unenforceable to any extent by a court of competent jurisdiction, the same shall not affect in any respect the validity or enforceability of the remainder of this Agreement. 12.0 Effective Date. This Agreement shall become effective upon approval by the City Commission and execution of this Agreement by both parties hereto. 13.0 Recordation. Upon full execution by the Parties, this Agreement shall be recorded upon the Property in the Public Records of Seminole County, Florida by the City and shall be binding upon the Property and all future owners thereof. At such time the Developer closes on the Trust Property, this Agreement shall also be recorded upon the Trust Property and shall be binding upon the Trust Property and all future owners thereof. The Developer shall be responsible for all recording fees associated with recording this Agreement upon the Property and Trust Property. 14.0 Relationship of the Parties. The relationship of the parties to this Agreement is contractual and Developer 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. 15.0 Sovereign Immunity. The City intends to avail itself of sovereign immunity and other applicable limitations on City liability whenever deemed applicable by the City. Therefore, notwithstanding any other provision set forth in this Agreement, nothing contained in this Agreement shall be construed as a waiver of the City's right to sovereign immunity under section 768.28, Florida Statutes, or other limitations imposed on the City's potential liability under state or federal law. As such, the City shall not be liable under this Agreement for punitive damages or interest for the period before judgment. Further, the City shall not be liable for any claim or judgment, or portion thereof, to any one person for more than two hundred thousand dollars ($200,000.00), 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 three hundred thousand dollars ($300,000.00). DEVELOPMENT AGREEMENT City of Winter Springs and Tuscawilla Property Investors, LLC Page 9 of 34 16.0 City's Police Power. Developer agrees and acknowledges that the City hereby reserves all police powers granted to the City by law. In no way shall this Agreement be construed as the City bargaining away or surrendering its police powers. 17.0 Interpretation'. The parties hereby agree and acknowledge that they have both participated equally in the drafting of this Agreement and no party shall be favored or disfavored regarding the interpretation to this Agreement in the event of a dispute between the parties. 18.0 Third -Party Rights. This Agreement is not a third -party beneficiary contract and shall not in any way whatsoever create any rights on behalf of any third party. 19.0 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. 20.0 Attorney's Fees. In connection with any arbitration or litigation arising out of this Agreement, each party shall be responsible for their own attorney's fees and costs. 21.0 Development Permits. Nothing herein shall limit the City's authority to grant or deny any development permit applications or requests subsequent to the effective date of this Agreement in accordance with the criteria of the City Code and the requirements of this Agreement. The failure of this Agreement to address any particular City, County, State and/or Federal permit, condition, term or restriction shall not relieve Developer 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, trailer, structure or unit if Developer is in breach of any term and condition of this Agreement. 22.0 Default. Failure by either party to perform each and every one of its obligations hereunder shall constitute a default, entitling the non -defaulting party to pursue whatever remedies are available to it under Florida law or equity including, without limitation, termination of this Agreement, an action for specific performance, and/or injunctive relief. Prior to any party filing any action as a result of a default under this Agreement, the non -defaulting party shall first provide the defaulting party with written notice of said default. Upon receipt of said notice, the defaulting party shall be provided a thirty (30) day opportunity in which to cure the default to the reasonable satisfaction of the non -defaulting party prior to filing said action. 23.0 Termination. The City shall have the unconditional right, but not obligation, to terminate this Agreement, without notice or penalty, if Developer fails to receive building permits and substantially commence vertical construction of buildings, which shall at minimum include building foundations, for the Project within two (2) years of the Effective Date of this Agreement. The Developer may apply to the City Commission for an extension of this Agreement, which may be granted upon good cause shown. In addition, the City shall have the right, but not obligation, DEVELOPMENT AGREEMENT City of Winter Springs and Tuscawilla Property Investors, LLC Page 10 of 34 to terminate the Agreement if Developer permanently abandons construction of the Project, provided, however, the City shall first deliver written notice and an opportunity to cure to the defaulting party as set forth in Section 22.0 above. If the City terminates this Agreement, the City shall record a notice of termination against the Property in the public records of Seminole County, Florida. 24.0 Indemnification and Hold Harmless. Developer shall be solely responsible for designing, permitting, constructing, operating and maintaining this Project. As such, Developer hereby agrees to indemnify, release, and hold harmless the City and its commissioners, employees and attorneys from and against all claims, losses, damages, personal injuries (including, but not limited to, death), or liability (including reasonable attorney's fees and costs through all appellate proceedings), directly or indirectly arising from, out of, or caused by Developer and Developer's contractor's and subcontractor's performance of design, permit and construction, and maintenance activities in furtherance of constructing the Project and maintaining the improvements of this Project. This indemnification shall survive the termination of this Agreement. 25.0 Force Maieure. The parties agree that in the event that the failure by either party to accomplish any action required hereunder within a specified time period ("Time Period") constitutes a default under the terms of this Agreement and, if any such failure is due to any unforeseeable or unpredictable event or condition beyond the control of such party, including, but not limited to, acts of God, acts of government authority (other than, as applicable to the City, the City's own acts), acts of public enemy or war, riots, civil disturbances, power failure, shortages of labor or materials, injunction or other court proceedings beyond the control of such party, or severe adverse weather conditions ("Uncontrollable Event"), then, notwithstanding any provision of this Agreement to the contrary, that failure shall not constitute a default under this Agreement and any Time Period proscribed hereunder shall be extended by the amount of time that such party was unable to perform solely due to the Uncontrollable Event. The extended time period shall be agreed to in writing by the parties and said agreement shall not be unreasonably withheld by either party. 26. Notice. Whenever either party desires to give notice to the other, notice shall be sent by hand delivery or certified mail, return receipt requested, and shall be sent to: For the City: Shawn Boyle, City Manager City of Winter Springs 1126 East S.R. 434 Winter Springs, Florida 32708 With additional notice to: Anthony A. Garganese, City Attorney DEVELOPMENT AGREEMENT City of Winter Springs and Tuscawilla Property Investors, LLC Page 11 of 34 Garganese, Weiss, D'Agresta & Salzman, P.A. 111 N. Orange Avenue, Suite 2000 Orlando, FL 32802 For Developer: Ryan Stahl Tuscawilla Property Investors, LLC 630 S. Maitland Avenue, Suite 100 Maitland, FL 32751 With additional notice to: Nicole Latham Carolan, Esq. Winderweedle, Haines, Ward & Woodman, P.A. 329 Park Avenue North, Second Floor Winter Park, FL 32789 Either party may freely modify their respective contact person and address contained in this Paragraph by providing written notice of the modification to the other party. Any Notice given as provided herein shall be deemed received as follows: if delivered by personal service, on the date so delivered; and if mailed, on the third business day after mailing. 27.0 ,Assignment. Prior to recording this Agreement upon the Property, Developer shall not assign this Agreement without the prior written consent of the City. Such assignment shall also require the written approval of the City by amendment to this Agreement, which shall not require a public hearing and shall not be unreasonably withheld. Any assignment authorized by this subparagraph shall require the assignee to be a formal signatory to this Agreement and fully assume all of Developer's obligations, commitments, representations, and warranties under this Agreement. In any assignment, the rights and obligations contained herein shall be binding on successors in interest to the Property, and the terms and conditions of this Agreement shall bind and inure to the benefit of the parties hereto and any respective successors and assigns. 28.0 Division of Land. Pursuant to Section 9-14 of the City Code and in order to facilitate the implementation of the Town Center master plan, the Property and Trust Property, currently consisting for four (4) platted parcels and legally described in Exhibits A and B, shall upon the Effective Date and recordation of this Agreement be reconfigured and divided into only two (2) resulting parcels ("Resulting Parcels") in accordance with this recorded Agreement. Each parcel is consistent with the descriptions of the Property and Trust Property, respectively. A depiction and legal description of these new Resulting Parcels is provided in Exhibit D, incorporated herein by this reference. DEVELOPMENT AGREEMENT City of Winter Springs and Tuscawilla Property Investors, LLC Page 12 of 34 1 r Furthermore, upon the completion of the closing and Developer's acquisition of the Trust Property, the Trust Property shall further be divided into two (2) resulting Trust Property parcels ("Resulting Trust Property Parcels") in accordance with this recorded Agreement, for a total of three (3) parcels overall. A depiction and legal description of each Resulting Trust Property Parcel is provided in Exhibit E, incorporated herein by this reference. Hereinafter, the Resulting Parcels and, upon the closing, the Resulting Trust Property Parcels will each be recognized by the City as developable lots under this Agreement for future permitting with the City. Any future divisions or reconfigurations of the Property or Trust Property shall be completed in accordance with the procedures provided in the Winter Springs City Code. Developer acknowledges that should Developer divide or reconfigure the Resulting Parcels or the Resulting Trust Property Parcels in the future without first obtaining the City's approval, all future permitting shall be subject to immediate suspension by the City for the affected Parcel(s). DEVELOPMENT AGREEMENT City of Winter Springs and Tuscawilla Property Investors, LLC Page 13 of 34 IN WITNESS WHEREOF, the parties have hereunto set their hands and seal on the date first above written. �� rr A' CITY OF WINTER SPRINGS 01j% By: �. C rles acey, Mayo a 2. 4; Hate: �OR1D.l ATTEST: By: Christian Gowan, City Clerk APPROVED AS TO FORM AND LEGALITY For the use and reliance of the City of Winter Springs, Florida only. CITY SEAL Date: 3 1 B. y A. Garganese, City Attorney for the City of Winter Springs, Florida STATE OF FLORIDA COUNTY OF SEMINOLE The foregoing instrument was acknowledged before me by means of �hysical .TEA presence or (� online notarization, this day of h- , 2021, by,y; Mayor of the City of W inter r-i rids municipal corporation, on behalf of the corporation, who is �r�tifersonally known o me ' tor produced ac irlrir-Atinn. (NOTARY SEAL) "ry public Stale of Flonaa Tristin M MNer "a My cOmminsion GG 953$77 111 l; ExpiraS M0212024 (Notary Tic is Signature) (Print Name) Notary Public, State of ,k Commission No.: c-7C-~i My Commission Expires: DEVELOPMENT AGREEMENT City of Winter Springs and Tuscawilla Property Investors, LLC Page 14 of 34 Signed, sealed and delivered in the presence of the following witnesses: S k4ture of Witness swayDA Printed Name of Witness S1 f tness Printed Name of Wi ess STATE OF COUNTY OF KAA.A 41 TUSCAWILLA PROPERTY INVESTORS, LLC By: a Ryan Stahl Date: 914 1 iZ Z The foregoing instrument was acknowledged be o e me by means of �ysical presence or (_j online notarization, this4M day of , 2021, by Ryan Stahl, the Manager of Tuscawilla Property Investors; LLC, a limited liabili y company, on behalf of the company, who is erp s°nally known to me or produced as identification. (NOTARY SEAL) Y ° NOL" Pubk Stage of Fronde Catherine E Cream my CarnnWWM 14H 083M �R EKpsre81111 r=4 0 1 A I.. I 11)11 kjrw , i aaqw) ry P is signature) (Prk Name) Notary Public, State of Dvi GC �-- Commission No.: JJA o u 3 My Commission Expires: Z- DEVELOPER IS HEREBY ADVISED THAT SHOULD DEVELOPER FAIL TO FULLY EXECUTE, AND DELIVER TO THE CITY, THIS AGREEMENT WITHIN THIRTY (30) DAYS FROM THE DATE THAT THE CITY COMMISSION APPROVES THIS AGREEMENT, THIS AGREEMENT, AND THE DEVELOPMENT PERMIT APPROVALS REFERENCED HEREUNDER, SHALL AUTOMATICALLY BE DEEMED NULL AND VOID. DEVELOPMENT AGREEMENT City of Winter Springs and Tuscawilla Property Investors, LLC Page 15 of 34 EXHIBIT A PROPERTY LEGAL DESCRIPTION SKETCH OF DESCRIPTION PROJECT: SR 434• AND TUSKAMLIA THIS IS NOT A BOUNDARY SI.:R'VEY NOT VALID 'NiTHOUT SHEETS 2-3 CESCRIPTION_ That part of Lots 7 $:rough 9, d0E E. JOHNSTON'_ SL;RVFY, recorded in lead 5'ook 147, Page 22.1, Purolic Roca,ds of �emincle County, Florida, and aluo being that part of Lot 8 Cllack A, and _hot part of the unplattcd part of Block B of D. R. Mitchell's Survoy of the Levy Grart, according to 111c plat thcree•t as recorded in r'In' Kook 1, ?age F,, Public Records ^r Seminole ra.m:y, Florid4, and nl�o +hrtf par+ ref the vacated S rect cis set forth in Rcsolutior. rccerded in CIffioitil kecords Liook 29'r2, ?age 3F3 rreuc particularly dr..,c:ribo-d os 'allows. eeglr,rrirg at the Narthewt canner of Jesmp's Reserve Tewnhornes Rapla , according to the plae thereof as recorded ir• Plat Bcc< 71, Pages 86 through E3, pclbllc Records cf Stmknole County, Florlda; thence rain 39'45'03"E uyong the Sauithweaterly right of way lire o? State Road No, 434 per Off rti[ Rucords Book 2803, Page 1023, and official Records eoalc 285t, Page 'C24, Public Records of Seminole County, Florida, a drsionim ri 291.90 too: to a ptdrit on u ror—,a-gart curve corrcdva to tho Southeast, hulIhg a rddius of 3100 foot; thence frolri a radial bearing s- S07'02'32"E run Southwesterly along the arc of sold curve -hrough a central angle of 33'15'17", or arc distance Of 19.15 feat, having a chord isegrinc of 55819',19"IN and o chord distance of 18-39 fleet to a paint of compound curvature c` a curve concave to the -:�Wnutheast, havinc a rcdus o` 19£.08 foci; thencerun Southwestcrly along the arc of said curve throach a central angle ar on arc distance of 42.37 feet, having a chord bcarlra of S4334'32"'N and u chord dlstarce -if 42,29 'cat tc a paint of reverse curvature c' a curve „n,ave to the Northwest. having a radius of 22E_0:? feet; thence ran 5euthwestedy along :ha arc of said curve ;trough a cen'rol Angie of 1271'04`, an arc distance of 49.'41 feet, havir•.g a chard bearing of S43'4 5-"'w and a chord distgnce of 0XU 'eat; 'hence run S49'S4'5./"'h'. a distance of 70,78 feet to the bealnning of a curve concave ;o the Southeast, having a radlus of 18.00 feet; thence run Southwesterly along the arc o' said carve through a central angle o' 36'52'12", ar are distarce o' M-39 feet, having a chord hearing of 531'2-9'51"Vl anti a chord distance of 30.36 feet; `hence run S08' 1'00"'A', a distance of 8.99 -eet; thence tors 5-t-OW'N7"E, a distance of 62.67 feet to the beginr:ing of a corn aohca.e ;o Ilia Southwest, havlhg a radlus of 130.00 fuct; thohce rur Sca.hcauterly along the arc of sold curve throuall a central angle of 42"i]' q on arc dlsiar.ce of 95.68 =eat, havinc a chord bearlrg of 519'0,1'50'E and a chord distcrge of 93.53 feet to a point of reverse curvature o.' a curve concave to the Nar:htost, having a radius of 15,00 feet; thgrtcc run Southcosicrly along the arc of said curve-hicagh a central angle of 42-05'15", an arc drstancc of 11.02 twat, having a chord bearing of S19 '•2'26"E and a chord dkitdhee of 10.77 rCCi; them': rear S4Q'05'03"E, a distahcC of 178 00 frot to the bcginhing of u curve ❑oregve to the Northeast., having a radirl. of 2.0•.00 feet; thence ran Southeasterly along the arc o= said curve through a central angle of 35'a5'47". an arc distance of 1-2.55 feet, hvvinq a chard bearing of Sb8'43'2Y'E and a chord distance of 12.34 feet; thcncc run SY6)3l'SdE, ❑ distance a' 6:7.93 fec: to the beg[ru ing of a curve concave to the Ncrih, having p radius of 241 33 `eet: thence rur Easterly alam; the arc of Raba curve thro.lgh a central angle o` Tb'50'10", an arc distarce of 11-D9 feet, having o chori hearing of h$pt3Xr';5"E and a chord distance a, 12.94 fag. to a point of romp, -.and curvature of a curve 0qP-cave to the r•;artbwcst, hav'inc_ ❑ radius a' 2.00 -cct; thcncc rur Northeasterly along the arc c' said cutwe through a :antral angle of 59'49'28", an arc distance cf 2.09 fee., having a chord bearing cf N42VIS15'E and a chord distance of 1.99 feet; thence ram S'3.1628"'d' along the 'West right of way line of TJSKAVALLA Rcad per Official Records 3ook 8377, Page 27, Public Records c' Seminole County, Florida, a distance of 131.69 feet; thence run N87'58'18"4i along the Scuth line of said La= 9, a distarce of 58*2.27 =eet; thence rxn N23'01'S5"N ❑lane the Soa_F.westcrly line of said Lots 7 through 9, a distance ci 430.28 feet; thcncc run N'50'19*24"E along the Northwesterly Ilr.e of said Lo; 7, a distance of 619,36 feet to tbe point of 6eglnnlny; Clor.tains 360,6W square feet or 8-228 acres, more or less James R Digitally signed by James R Shannon sit n n Q n Date:112011.04 T 3:44:44-05'00' SHANNON SURVEYING, INC. �199 NCRTh S.R 434• — SJITE 20.15 ALTWONTE SPR:N->S, FLOPIDA, 327-1 (42M, T1+4—e372 L:8 4 6805 0.41E CF fJRYEY: 4.e/2a/2e2G DRAW: 6Y: 3' SCALE: I" = 120' JAMES R. SH,CVNDN JR„ F.L.S. #4.671 Fgr� ��Lal3-SKEl^H-FNi FL RIDA LICE £nT:I EYQR A � � APPEi £ E„ OF A. SHEET 1 OF 3 DEVELOPMENT AGREEMENT City of Winter Springs and Tuscawilla Property Investors, LLC Page 16 of 34 SKETCH OF DESCRIPTION PROJECT: SR 434 AND TUSKAMLLA THIS IS NOT ,A BOUNDARY SURVEY NOT 'VALID WITHOUT SHEETS 1 & 3 L1NE TABLE LINEI 13EARWG LENGTH Li I S49454'57'W 70,78' L2 S08"S1'00"W 8.94' 1-3 £40'09'52"E 62.67' L4 540'OSM"E 178.00' L5 S7E'01'50"E 60.93' LH S13'18'28"'N 131,69' L7 -513'15'7.0"E 44.55' GURVE TABLE CURVE RADIUS DELTA LENGTH I RAD, BEARING CH, HEARING CHORD C1 33.00' 3315'17" 19.15' S07402'32"E S6619'49"W 18.89' C2 198.G8* 121518" 4.9.37' 54017'50'E S43'34'32"A' 42.29' C3 228.00' 12'28'04" 49.18' N52'33'07"W S4,3'40'55"'d' 49.08' C4 48.00' 36'52'12" 30.89' S40'05'03"E 531'28'51 "W 30.36' CS 130.00' 42'10'04" 95.68' S4.9'50'013"W S19)DA'50"E 93.53' C6 15.00' 42'Ci.5'15" 11.02' S87'59'48"E S19-02'26"E 10.77' C7 20.00' 35'56'47" 12.55' N49'54'57'E S5,9'03'7.7'E 12.34' CS 24.33' 30*5010' 13.09' N13'58'10"E N8833'05"E 12.94' c_9 2.00' 59'49'28" 2.09' N16'S2'01" W N4.313'15"E 1."' SURVEYORS NOTES 1. Bearings based on the Southwest rlyhi of way line of S€cite Ror1d No. 434 ds belrog S39'45'03'E. 2. 1 hereby certify that the above described prcper.y Is true and correct; to the best of my knowledge and belief as recsr=tly drawn ur.dsr n direc-kion and zh,3t it meats the Standards ca Practice for Land Surveying set for in Florida Admir•istra:ive Code Rule 5,I-17.05 requlrernems, 3. Not valid without the slgnature and seal of a Flcridcl Licensed Surveyor and Mapper, SHANNON SURVEYING, INC. 4.99 NORTH S,R, 434 - SUITE 2045 ALTAMONTE SPRINGS, FLORIDA, 32714 (407) 774-8372 L9 4 6898 DATE OF SURVEY: 1012812020 DRA1IN BY. 9P SCALE; i" = 12V P81-rP0"LK0-SKETCH-PH1 SHEET 2 OF 3 City of Winter Springs and Tuseawilla Property Investors, LLC Page 17 of 34 SKETCH OF DESCRIPTION PROJECT: SR 434 AND TIJSKAMLLA THIS IS NOT H BOUNDARY SURVEY NOT %eA"LIF) WITHOUT SHEETS 1-2. \ POINT OF BEGINNING �NCN CORNERpF JESJP'S -RE5E"Y 7OW4HhE5 REPEAT PLAT BOCk 71, RAGE 9f Ne7'58'JWW NO-" R^'UN-,'IF JVATURES WAY >`ez`75 WAY SHAN14ON SURVEYING, INC, 499 NORTH S.R. 434 - SUITE 2045 ALTAMONTE SPRINGS, FLORIDA, 32714 (40'7) 774-8372 Ll3 # 5898 582.27' DATE OF S-URVEY; 3CJ28/202 DRMW BY, BE SCALE; I" _ 122' P91-P0§r-$ LXH-SrK MH-PH7 SHEET 3 OF 3 DEVELOPMENT AGREEMENT City of Winter Springs and Tuscawilla Property Investors, LLC Page 18 of 34 EXHIBIT B TRUST PROPERTY SKETCH OF DESCRIPTION PROJECT: SR 434 AND TUSKAMLLA THIN IS NOT A BOUNDARY SURVEY NOT VALID WITHOUT SHEETa 2-3 DESCRIPTI'JN: That part cf Lots 8 ,hrough 9, JOE E. JOHNSTON'S SURVEY, recorded in Deed 5ook 147, Page 221, Puhlic Records of Seminalc County, Florida, and also being that part of Lot 8 Block A, and that part of the unplatcad part of Block Q df D. R. llitcholl's Survey trr the Lewv Cror:i, ucpurding to +d plat thereof as recorded In I'la: Fool( 1, Rage 5, Public Records a Seminole [town y, Floridan, and also t.hgt par of the vocgtcd S:rcc' as set forth Fh i?csolutlar. retard GT ilfFictQl liacords Laaak 2572, Fags 375 rrgra particularly described as follower Commence at the Northeast corner of "e-up's Reserve Townhorne'a Replo- according to the plot therec' as recorded In plat 8oc< 71, 'ages. 85 through 93, Pulslic Recordo o` Semlrole, County, Florida; theme run S39'150::'E atan the Saathwcs#eriy nigh: of 'fray Ilya c' State. Road No. 434 Per Offlcicl Rccards Book 2503, Page 'C23, and fficial Rerards Baok 2831, Pagia 1G24, Public Records of Seminole County, Florida, n distance ar 29'.90 foot for a Polht of Bcglr,hfrng and u pair•-t an u nah—tdngent curve norcava to tf•.e Saailrcust, havlrg a radlus cf 33.00 feet; thence from a iadlal bearing of S07'02'32"E run Southwesterly along the arc of said cure through a central argle of 3315'17", ar- are distance c' 19.15 feet, having o chord bearing o= S66'19'49-W and a chord distance of 16.89 feet to a paint of rpaund c�irva[ure of a curve concave tc the Southeaa:, having a radius of 198.08 =seta thence run Southfru�,frrly along ifie arc of said curve througF a control mryla of 1215''8", ar•. are dlstamun of 42.37 foot, haVNIC a chord bearing of S4334'32"W 04 a dt•,ord distance of 42.29 feet to a point of reverse r..irvnblre of a cdrvr ccn"ve to -,he Northeast, having a radars of 22E.00 feet; therec run. Southwesterly along :ha arc of #old curve through a 4entral angle of 17'213'174% an arc distance of 49.16 tact, having a chord bearing of S4340'S5`N oral a chard, distance of 49.08 feet; thence rur S49'54'57`,V, a die -arcs c= 70.75 feet to the L•eginning of a curve concave to the Southwo:A. having a radius cf 4B.C-0 feet; :hence run Southwesterly along the arc of said curve through a central angle of 3;; 52'12", an art. distanre of 30.89 feet, ha'virg a chord hearing of S31'28'51"W kind ki chord distarce of 30.35 feet; thence run SOfl'j1'C•O"'A', a distance of 5-99 'ifst; thence run %4DM3'52"E, a dis-arce of 52.67 fee: to thu beglr-r'irig of a curwu coh-dVu to the Southwest, having u radlus of 7:30.00 foot; thence run Southeasterly along the arc of sold curve Through a central angle of 42'10'N'% an arc dlstar•ce of 95.58 feet, having a chord bearirg of S1944'SG"E and a chord distance of 93-53 feet to a point of reverse curvature o- a curve ecncgyc to the NcrtFcotit, having a radius of 15.00 feet; thence run Southeasterly along the arc a`, said curve through a central ar:gla of 42'05'15% an arc distance of 11.02 feet, hawing ❑ chard bearing S19'02'25"E and a chord dls[ahce of 1c.77 feet; .hence run S4O'0: O3"E, a dictdncc o: 178.00 feet tc the beginning of a curve concave to the Northeast, ha-inq ci radius of 20,OG feet; thence run Sczheasterly along the arc of said carve througl- •a centrol angle. of 33SG'47", ar• arc distance cf 12.55 fee:, having a -rFar'd bcorina a' Sa1510'27"E and a chord dlstance c= 12.34 ^get; thcncc run 57501'Stl E, a distonce of 6CA3 feet to the heginning of c curve ,00rca+a :o tho North, having a radlus of 24.33 feet, thence run Easterly clang the arc or said crlrve through a central angle of 30'50'10 nn arc. distarre of 13,09 feet, having a chard hearing of N88'33'05'E and n chard distance of 13..94 feet o a paint of compound curvature of a curve concave to the Northacs:, having a radius of 2.00 feat; thence run Northeasterly' along the or of said curve through a cer':tral angle of 59'49'28", an arc diutarlct of 2.O9 feet, having a chord bearing u# N43'13'l�"E and a chord distance of 1.99 ree; thence run N13'16'28'E along the lbest rlghY of way line of T.ISi4A'Ir1LLA Road per Q:ficiol P.ecords Book 8377. Pogo 27, Public Records of Seminole Cauhty, Florida, a distance of 223.25 feet; thence continje NS375'20"A' Along said West right of way line, a distance of 44.85 feet; thence run N39'4: C5"W along said Southwesterly right o' way line of State Road No. 434, a distance o` 253.15 feet zo the Paint of Aeginnirg: Cortalrs 84,931 square fee or 1.950 acres, more or less SHANNON SURVEYING, INC, Digitally signed by d99 NCRTh rR 434 —`'PATE 2045 James ALTAMONTE SPR-lNGS, FLMDA, 327'1 4afnes R Shannon (4W) :, 14-8372 L3 E-895 S fl a tl n o n oatE. af,2a,t 1.04 t 3:45:os-as'DD` CATS CF SJRVEY; '�C/2B h0iC CRA'AN CT R' SCALE; JAMES R. SHANNC•V JR.. P.LS. 44571 FE r: � ;a �-saerrrr-NHa FLr Ifh uCFTME7 4 R1ESn till, M f:q `-EhL OF + SHEET 1 OF 3 DEVELOPMENT AGREEMENT City of Winter Springs and Tuscawilla Property Investors, LLC Page 19 of 34 SKETCH OF DESCRIPTION PROJECT: SR 434 AND TUSKAMILLA THIS IS NOT A, BaJNDARY SURVEY NOT V'ALlta V)ITHOUT SHEETS 1 & LINE TABLE LINE BEARING LENGTH L1 S49'54'57'W 70.78' L2 508"51'00"W 8.99' L3 S40'09'52'E 62.67' L4 54d'615'03'E 178.00' L5 576'D1'50"E 60,93' L5 N1315'20"1A' 1 44.€5 L7 513'18'28"'N I 131.69' CURVE TABLE CURVE RADIUS DELTA LENGTH I RAD, ➢ERRING CH. BEARING CHORD c1 33_00' 3315'17" 19,15' S07'02'32"E S66'19'49"14 18,89' C2 i98.08' 12'15'1$" 42.37' S40'17'50"E 54,3'34'32"'A' 42.29' C3 226.00' 127B'04," 49.18' N52'33'07"W S 3'40'55"'A' 49,08' G4 48_+00' 36'S2'12" 30.89' S40'11603"E S31'28'51"'N 30.36' C5 130,00' 12'1D'04,' 95.6D' S49":5CQ5"W S19'Q4'5Q'E 93.53' C16 15.00' 42'05'15" 11.02' S87'59'48"E I S"�'02'26"E 10.77' C7 20,0V 35"56'47" 12.55' 449-54'57-E 5'58'03'1'7"E 1 12.34' G8 24.33' 30"50' 10 13.09 N 13'58' 10"E N 88'33' 05"E 12.94' C9 2.00' 59-49-28" 2.09' N15'52'01"W N43'13'15"E 1.99' SJ'RVEYORS NOTES 1. Beurlr,ys based on ha Southwest rlghz of way Ilnc ai Stott; ;'Rocfd No, 434 du brlr;y S39'45'D.3"E. 2, 1 hereby certify that the abc•1e desoribod property is true and correG; to the best of rry knoMedge and belies fls recar:fIV drown under my dlrecdan and that it meets the Standards c; Frac#co for Land S.lrveyinq se: forth in F1.orida Adrnir•Istra:ive Cade Rule 5J-17,05 requirements, 3, Not valid without the signature kind seal of ca Florida Llcer sed Surveyor and Mapper SHANNON SURVEYING, INC. 499 NORTH S.R. 434 — SUITE 2045 rALTAMONTE SPRINGS, FLORIDA„ 32714 (40 %) :? 74— 3 72 L8 # 6848 DATE CF SJRLEY, 10/28/2020 DRNAN BY; SCALE; 1" = 120' F� f�'�1 c8—SCEr H—PH2 SHEET 2 OF 3 DEVELOPMENT AGREEMENT City of Winter Springs and Tuscawilla Property Investors, LLC Page 20 of 34 SKETCH OF DESCRIPTION PROJECT: SR 434 AND TUSKAMLLA THIS IS NOT A BOUNDARY SURVEY NOT VALID WITHOQT SHEETS 1-2 POItAT OF COMMENCEMENT XSUP'S RE CCAERIoE T OF �.ESUf��S Rt�ERYE TD4MHCMES RE-'LAT PLAT 6014t 71, PACE B@ O� N'�t 00 Og 1 4 ---C4 QQQ- �.0 CPI C6 N _ i ni r s r • 47 N C7 _ _ sau r� L�nc � •� •v 4 R!W Uh_ OF 582,27' NA 7 fIRE8 RYA Y NA7LJ ds wAY DATE CF SURVEY. tQ29,/2020 — SHANNON SURVEYING, INC, DRAWm EY'. 9R SCALE; 1" = 423' 499 NORTH S.R. 434 — SUITE 2045 PBS k3-5�GET H-PH2 ALT"AMONTE SPRINGS, FLORID4, 32714 (407) 774-8372 L8 # 6998 SHEET 3 OF 71 DEVELOPMENT AGREEMENT City of Winter Springs and Tuscawilla Property Investors, LLC Page 21 of 34 EXHIBIT C OVERALL SITE PLAN . .......... ... > #7 Gig. 117 !j TF r- L I 7--'- Or lim I ! 0a w- PPPPPP 4331 A Al 'N'll Al" , 3 A F_ 2 r� j WINTER SPRINGS OVERALL Kiffdey*Hom b: MARKETP LACE SITE PLAN 1� - :F -- --- --- I Fi- DEVELOPM[ENT AGREEMENT City of Winter Springs and Tuscawilla Property Investors, LLC Page 22 of 34 EXHIBIT D RESULTING PARCELS Resulting Parcel 91 SKETCH OF DESCRIPTION PROJECT., SR 434 AND TUSKAMLLA THIS IS NCT A ROUNDA.RY SURVEY NOT VALID WITHOUT SHEETS I.-3 CESCRIPTIC,N- That Pa' a' Lots 7 through 9, JOE E. JOHNSTON'-5 SURVEY, recorded it peed 3nnk 147, Page 221. Public Kccards or Seminala County, Florida, and also being that part of Lot 8 Block A. arid -hat part -at the unplat-ed part of 3lor k B of D. R. Mitchulfu Survcy of the Levy Crart, according to the plot -[-,reef as recorded T,, Plaz Bock 1, 'age 5, Public Recarda of Seminole Ca•.lnty, Florida, and nlF�o that part of the Vacated S-ree: as sot forth in Resolutior. recorded in Official Records Look 2972), Poo 3'r3 more particularly desgribed a3-ollcws; Haginnirq of the Neriheast carver of Je"'s Reserve Townhomes Replat, according to the plo. thereof as recorded Ir. r�lat Bccs 71. ?ages 86 througl' $3. Public Records cP Semirole County, Flcrlda; thence run S39'45'03"E dr.nq the Southwesterly ri h-. of rrny lire. f State Road No. 134 per 01610[ Records Bpgk 260- Page 1023, and Official Rec-crds 8,00k 2031, Page ?124, Pu6fia Rec>rrds a` Sarrincle County, Florida, a 1flstunce of 291.90 feet to a palrrt cm dear- argw+t cUrvu con=vc to the SoutFcdet, having a rddlUs of 3100'cut; thence from o radial bearing of S07"172'32'E run Southwesterly along the arc of sold curve arough a central angle of 3315'17", or arc distance of 19.15 feet, having a chord hearing of S5.6'19i49"Y1 and a chord distance of 18.88 ;get to a point of compourd curYq:urtl a` a curve coneave to the -Southeo3z. having ❑ radius of" 118.08 feet; thence run Southwesterly olor•.g the arc of said curve $xcugh a central angle of 1215'18", an arc dfstunca of 4237 fact, having d chard baarlrc_ of S43'34'32"W and a chord Jlatar:c6 0- 42.29 -cct tc point of reverse curvat>1re of q curve nancgve to -he North+ves,, having 0 mclias of 22.66.00 `eet, theme run Southwesterly along she arc aT said rurve through a central angle of 12'2t?'D4`, on arc distance of 49.18 feet. havir3 a chard bearing of S434D 55"14 and a chord distance or 49.Cb =eet: :hence run 549'S4'S/"W, a &tance of 7078 `eet to the bcglnrtIiig of a curve concave o the Southeast, having in radius of 48.00 feet; ther re run Southwesterly along the arc o' sold s xqe• chraugh a central or& a W52712"4 or art: dlotpree of 10-6s feet. Paving a chord isarir9 of S317e5f"W and a chord df tense or 30.16 feet thahee rxi SOW51'00'W, o dis'once of 8.99 rest; thence run 5-W09'52 E, o distance of 62.87 feet to the begir_n nr of a curve coricave o thu Southwust, hzivlhg d radius of 13a,0i1 .uat; thwhce wr �a f •.aaterly dur+g the are of said curve throuole a cerrral angle of 42-0'04", an arc dls ar•ce of 95.68 'eet, having a chord bearlrg o SI9'D4'50"E and a chard distance of 93,53' feet to a point of reverse curvature :i a curve carcave to the Nor*,cas`., having a radius of 15.L-0 feet; thence run Southeasterly along the arc of sold curve tFreugh a central angle a` 42'05''8°, ar arc distance of 11.02 teet having a chard bearing of S19"02'26"E oral a chard dlatairca of 10.77 fCCI; thence rur: S40'05'03'E, U dlutarlue of 178.00 feel to The begihnlhg of d ;urve contrive ;c the NorU eq. t, havTng q rgdi:ls of 7f .t7[ feel; 'hence ransorlthegs;elly along the arc of sold curve thraagh a central angle of 3;.'Sa'47"., an arc distance of 12..55 feet. having a chard bearin7 u" S5E'C E and a chord distancr of 12.34 fee:, thence run 5-I$'L'1'5CE, c distance c' 60.93 fee: to the beginning of a curve carcave ,a the North, h.avinu a radius, of 24.33 `•eet; thence rur, Easterly along the arc of said curve thrn.lgh a central angle of O'50'1c". cin arc dis-arr..e of 13.09 feet, hnving a chord bearing N$8"33'CS°E and a chord distance of 12.94 fee: to a paint of comp nand rurvnture of a curve concave in the Narrhwest, having a radius c' 2,00 ;cot; than cc rur. Nartheastcrly alorg the arc - said curve through a central angle of 59'49'28% or', arc Jistar ce of 2.09 feet, having a chord bearing of N4313151 and a chard distance of 1,99 feet; thence run S73'18'28"15' dcrlq the riast rlghh of way line of TJSICA'011LLA Rcad .1SEr tlfffcFal Records gook 837"7. Pa Ga 27, Public Records c' Sornrnele Courty. Florida, a disfarrse of 131.59 feet; thence run N8/'S8'18"W along the Scuth line of said La_ 9, a distance a` 58;.27 'get; tierce ran olong the Scuche•cstcrly line of said Las through 9, a distance c` 430-29 foci; thence ran N50'19'24"E along the Northwcster'ly lire of Bald La 7, a distance of 614,36 feet tc ,he Point of Beginring; Cor-tuins 360,6JY square feet or 8.2+8 acres, more or Icss. {games R Digitally signed by J James R Shannon Shannon Date: 201t3.11.04 13,44:44-05'00' SHANNON SURVEYING, INC. 199 NCRTR S.R. 134 - SJITE 2045 ALTAMONTE SPRI40S, FLORIDA., 327,1 (407) 774-8372 L3 n 5896 DATE CF 9JR1•EY: 1C/28/202a aPP,HT; PY: 3' srPLE; I" = 120' JAMES R, g4ANNCa4 JR., P.LS• $4871 Flil--;75-3LIO-SKET:H-PHI FLORIDA, UCE � �)R•e of Am i, W�� s�L `� SHEET 1 OF 3 DEVELOPMENT AGREEMENT City of Winter Springs and Tuscawilla Property Investors, LLC Page 23 of 34 SKETCH OF DESCRIPTION PROJECT: SR 434 AND TUSKAIMLLA THIS IS NOT A BOUNDARY SURVEY NOT VALID %14THOUT SHEETS 1 &: LINE TABLE LINEI BEARING LENGTH L1 S49'54•'57NI 70.78' L2 8G8'.51'00"W 8.99' L3 S+10'0$'52'E 62,67' L4 ! 40-05 CWE 178.00' L5 S7601'50"E 60.93' L6 S13'18128"W 131,69' L7 S,3'1; 2D'E 1 4-4 85' CURVE TABLE CUR4'E RADIUS DELTA LENGTH RAD. BEARING CH. BEARING CHORD Cl 33.0C 3315'17" 19.15' S07'02'32"E S66'19'49"W 18.89, C2 198.0V 1715'115" 42.37' 540"17'50'E S4334'32"41' 42.29' C3 226.00' 12'25'04" 49.16' N52'3 '07"W S4.3'40'55"W 49.08' C4 48.o0" 36'52'12" 30.89' S40'0603"E 531'28'51"W 30.36' C5 130.00' 42'1Q'04" 95.68' 1 349'50'GB" V+ S19'04`5o"E 93.53' C6 15.00 42'05'a5" 11.02' S8.7'59"4B"E S19'02'26"E 10.77' C7 70.00' 35'56'47" 12.35' N49'54'57"E S58-03'27"E 12.34' C8 24.33' 30'50'10" 13.0:1' NIT58'10"E N88'33'05"E 12.94' C9 2,CU' 59'40'28" 2.0-1' 416*52'Cl'W N43'19'15"E 1.99, 5t1RVEYORS NOTES 1. Beurings based on €he Southwest rlgh1 of way line o- Spate Road No. 434 as being S39145'03"E. 2 1 Hereby certry that *a above tlescrrbed proper �� Is true end correct to the best of n-y kna,wledge and belief os recm7rtlyy dreewn under myy direction and -hat It meets the Standards o= Practice for Land Surveying se: fortis In Florlda AdrnirTstra T?e Cade Rule 5J-17.D5 requirements, ,.. Not valid without the :Ignoture and seal of a Florlda Licensed Surveyor and Wapper_ SHANNON SURVEYING, INC. 499 NORTH S,R, 434 — SUITE 2045 ALTAMONTE SPRINGS, FLORIDA, 32714 (407) 774-8372 LB # 5898 DATE OF SURVEY, 10/2012020 ORAAW 6Y, @P SCALE: I" = 120' f'F71- Pi!�-� L�CH-SK ET".,'H-FH7 SHEET 2 OF DEVELOPMENT AGREEMENT City of Winter Springs and Tuscawilla Property Investors, LLC Page 24 of 34 SKETCH OF DESCRIPTION PROJECT: SR 434 AND RISKAWILLA THIS IS NOT A BOUNDARY SURVEY NOT VALID MTHOUT SHEETS 1-2 POINT OF BEGINNING ^NCRI1 EAST CORNER CF XSUP'S 7,03WoE TOMFICNES REPLAT PLAT BCLVS 71, PAM BR VN ---C4 Lz C I Ii1 I C6 y !� S C � ¢l C�p� * c ' lit C7 SElulrH UNE Ne7'5$'18-W .6 ROM1R'.li 5 +paY' � 582.27' NA TUNES WAY [LATE CF SURVEY: 10AV2020 SHANNON SURVEYING, INC. CIRAIIN BY, 9P SCALE! 1" = 120' 499 NORTH S.R, 434 — SURE 20A5 ALTAINONTE SPRINGS, FLORIDA, 32714 P81—�C5—�LKH—SkEEtH—PHA (407) 774-8372 L9 # I5,896 SHEET 3 OF 3 DEVELOPMENT AGREEMENT City of Winter Springs and Tuscawilla Property Investors, LLC Page 25 of 34 Resulting Parcel #2 SKETCH OF DESCRIPTION PROJECT, SR 434 AND TUSKAMLLA THIS IS NOT A BOUNPARY SLRIVEY NOT 'VALID )XITHOUT SHEETS 2-3 CESCRIPTION: That part o? Lots 8 zlhrough 9, ,10E E. QHNSTQN'S SURVEY, recorded it Need 3ook 147, Poge 22.1, --odic kaccrds of Surninale County, Florida, and also being the: part of Lot d Block A. and hat part of the unplot=sd part of Black C of D. R, Mitchell's th Survey of e Levy Grar,i, according to thu plat 'horcof us reearded in Plc= Book 1, aga 5, Public fRecards cf Saminole Gngn'I. Flolft q, and gl o th, Part r-f the vuuat❑d `_+reel as set forth in Resolution recorded in Offiddl Records Look 2!972, Pack 316 more particularly dzs:.rlbed as fallcws;. Commence at the Northeast r_orrer of 'Esup's R^5erve Toranh❑roes Rep1a`" accordir❑ to the plat iharea= as recorded dr. -Bat Bock 77, 'age-3 8S througl' C3. Public Fecord i :` SEmlrole County, Florida; thence. run 539'4503"E along the Seathwesterly right of r+ay [ire c' State Rcsad No 134 pr-r offlcial Records Bonk 2803. Page 3R; . and Official Records Book 2831. Page ',C24, Pub11c !^ecords ps Seminole County, Florida, ❑ dNionce or 25d430 fact far d Pohl- of ULginning and a pclr•t on a hah—tangeht c«hrx; cUr:aavu to tha southe-zdt, h.avlr-g a radlua a= 33„ri0 feet; thence from a radial bearing of S07 C2'32"E run Southwesterly along the qrc of said curse through a central angle of 33'15'17 ar are distance- of 19. -5 feet, having o chord bearing of S66'?T49c"W and a chard distance of 1h.?9 feet to a paint of compound rurvat,,rs of a curve ronc❑ve tc the Southeast. [loving a radius of 198..08 cat; thence run Southwesterly along the arc of said ,curve through ❑ coritrdl angle of 12'15,18", dr. dre dhstdhcc of 42,37 feet, having d chord bodrlhg of S43`34'32"1'/ rind a chord dlstgrrre of 42.2E feet to a roint of reverse carugturm of q curve cancmve to the Nrrthwest, having rT radios of 726.00 =set: than -me rur. SQuth-weemrly along -he arc of sold curve through a central anq[e of 17'25'04", an arc dlstorce of 49-IB -eet, having a chard bearing of S43'4r,"b"'N and a chord distance of 49.08 feet; thence rur SQ 54457"h', a diecir.ce c' 70.78 feat to the begir;ning of a curve concave to th.o Southeast, hcivirg a radius of 48,00 'eet; thence run Soutl.-n'esterly along the arc of said curve through o cenmil angle of 35'S2'12% in qrc distance of 30.59 fee-, hrtwir.g g chord henring of 9,31'78'71"W and Cl chard 05"orce a` ,0.36 feet. thence run 508'51'0Q'W. ea distance of 5.99 feet; thence run 540'09'52."E, a dis`.ar.ee of 5267 fc,Lz to the bcglr:hlhg of d curve cane:ive to thu soutkwosi, having d rdpJlLi* of `30,00' feat; thchcu rJh Southeasterly along the arc of sold curve 'hrough a central angle. c:f 42 O'C4", an are distarce of 95"68 feet, having a chord bearing of S13'04"50"E and a chard distance of E.3.53 feet to a point of reverse curvature o- a curve concave to the Ncrthcust, having a radius at 15.00 feet; thence run 56uta easterly along the arc of said curve through a cortral ❑rgle of 42'05'15 an arc distance c._ 11-02 teet, having a chard bearing a` S19'02'26'E dnd a chard dls.dhce of 10,77 feet; thence run S40'0 '03"E, a distance cf 178,00 fret tc; the heqirnpipg of a curve 1!cr:Cm'e tq the Northmr., hiving ra radius of 20.00 feet; then" run Sazi-easterly along the arc pf acid curve through g central angle of 35313'47", an arc- distance of 12.55 fee-, having a chord hearing cr Sbkb' i'27"E and a chord distance e. 12.54 'scat; thence run S'T'C1'b0"E, a distance of 60.93 feet to .h-e beglr,ning of a curve cormG , to the North, having a radius of 24.33 feef; thence run Easterly along the arc of said curve through a central angle nt 30:i4'10", an me ;iistgrce of 1.7).t79 fee=, having ci ehori hearing of N8F9'33'.Q.)"E and q chord digionce of 12-94 feet to ❑ point e.. compc:ind curvatore of a curve c❑r.c❑ve to the Nlorihwcat, having ❑ radius of 2.00 feat; thence run Northcastarly along the arc of said curve through a uertral angle of 59'49'28", an arc distance cf 2,09 feet, having d chord be❑ring of l-S 43'l3'15"E and a chord distance of 1.99 fee:; Thence run N13'18'28"E alone h:e West right of way . Ilne of TJSKA44LL Road per Dfrt;ial Records 8aak 8377, page 27, Public Records of Seminole Cour;ty, Flcrida, a di=_`arce, of 223.26 fee:; thence can_1n:le N'-3':5'20`#V alona said West right of way line, ❑ distance cf 44-.85 feet; thence run N35'4'4'C3`W along said 3outhwcstcrly right o' way line of Siate road No. 4354, a distance o- Z53.°8 feet to the 'int : ` ElNllnnlrg; cortaln� 84,951 square fee, or 1,950 acres, more or less; James R Digitally signed by lames R Shannon Shan. n o nl Date. 2020.1 i 04 4 3:45a18-05'00' JAMES R. SHAN14Cr,N JR., P,LS. $4671 NOT VAM MTHOA THE '9G!1ATUW AND THE `:EAL CF r F11_IF1n,1 UCUEI`-ED', R^EY6a xn. MAPPEi SHANNON SURVEYING, INC. 49-9 NCRTI- S.R 434 — SJITE 2045 ALTAMONTE SPR NGS, FLORIDA, 327' 4 (4L77) 'J74-83.?2 LB 4 5898 ❑ATE cF URVEY. `0/28/2025 aRA'WN 'BY.' SCALE; 7" z 120A' SHEET 1 OF 3 DEVELOPMENT AGREEMENT City of Winter Springs and Tuscawilla Property Investors, LLC Page 26 of 34 SKETCH OF DESCRIPTION PROJECT: SR 434. AND TIJSKAMLLA THIS IS NOT A BOUNDARY SURVEY NOT VALID `4THCliT SHEETS 1 &: 3 LINE Ta19LE LINE BEARING LENGTH L1 S49'54'57'W 70,713' L2 S08"51'00"1'f 8.99' L3 5+10'09'52"E 62,67' 1-4 S40'OS'03`E 178.00' L5 I S76'01'n0?'E 60.53' L8 N13"15'20£W 44.85' L7 S13-18'2B"W 13T.69' CURVE TABLE CURVE RADIUS DELTA LENGTH RAD. BEARING CH. BEARING CHGRD C1 33_00' 3315'17" 19.15' S07'02'32'E S6819'49°1V 18.89' C2 i95.08' 12-15'15" 42.37' S40'17'50-E S4334'32"'N 42.29' C3 226,00' 12'23'04" 49.1 B' N52'33'07'W SfY40'55"W 49.08' G4 48-00' 30-`52'12" 30.89' S4-0'0 'G3"E S31-28'51"W 30.3q' 05 130.00' 42'10'04" 9- .68' 9'5VG5'V Si9'€%4'50"E 93-53' C6 15.00' 1 42-C-5'15" 1 11.02' 1 S857-59'48"E I S19'02'26"E 1 10.77" C7 20.00' 35'S6'47" 12.55' \14q-54'57-E $58-03'27"E 12.34' C8 24.33' 30"50'a0" 13.CT N13'58'10"E N8833'05"E 12.94' I Cq 2_00' 59'49'28" 2.09' N11i 52'a1"�a' N43'13'15"E 1.9T SORVEYORS :43TES 1, Bearings based on the Southwest rlgh�t of way Ilne v; State :load No, 434 as belry S39'45'03"E. 2. 1 hereby certify that the abD-,@ described prcperty Is true and correct to the hest of my knowledge and bellef as re�erntl y drawn under my dire von and :hat it meets the Standards a, FrattiGq for Land Surveying se: forth In Florida ,AdrnirNtratl'je Cods Rule 5J-17.05 requirements, ... Not valld without the signature and seal of rl Flarlda Licensed Surveyor and Mapper. SHANNON SURVEYING, INC. 499 NORTH S,R, 434 — SUITE 2045 ALTAMONTE SPRINGS, FLORIDA, 32714 (407) 774-8372 Lf3 # 6998 DATE 07 SURVEY. 10,120/202D DRA' W BY: a'' sr,. LM s" = 12V FEf����c3—S+cEr'H—WH 1 SHEET 2 OF 3 DEVELOPMENT AGREEMENT City of Winter Springs and Tuscawilla Property Investors, LLC Page 27 of 34 SKETCH OF DESCRIPTION PROJECT: SR 434 AND TUSKAMLLA THIS IS NOT a. BOUNDARY SURF ,`EY NOT VALID WITHOUT SHEETS 1-2 POINT OF COMMENCEMENT NORI1EAST CMNER V JESUP S WSERvE TOWMMES REPLAT PLAT BCCk 71, PACE BE t 3 o rFrti �I L2 f/J 1 " 't Ch- i � i i ti C7 SOU w uke �:� Q �. _ OF Lot U_ h 87 ti$'f Rl"1V w � MOiTH R/W ME OF NMVFS *'AY Nd7rl►R�8 SAY i — 582.77 SHANNON SURVEYING, INC. 499 NORTH S.R. 4.34 - SUITE 2M ALTAMONTE SPRINGS, FLORIDA, 32714 (407) 774-8372 LB # 6898 DATE OF SJRVEY. 0/28/4020 ORA�W V'. 8P SCALE! 1' = 12V f173�"v"��.K�-SKETCH-i'H 2 SHEET 3 OF 3 DEVELOPMENT AGREEMENT City of Winter Springs and Tuscawilla Property Investors, LLC Page 28 of 34 EXHIBIT E RESULTING TRUST PROPERTY PARCELS Resulting Trust Property Parcel #1 SKETCH OF DESCRIPTION PROJECT: SR 434 AND TUSKAMLLA THIS IS NOT A BOUNDARY SURVEY NOT VALID WITHOUT SHEETS 2-3 DESCRIPTION: That part of Lot 8 and Lot 9, JOE E. JOHNSTON'S SURVEY, recorded in Deed Book 147, Page 221, Public Records of Seminole County, Florida, and also being that part of the unplatted part of Block B of D. R, Mitchell's Survey of the Levy Grant, according to -he plot thereof as recorded in Plot Book 1, Page 3, Public Records of Semksole County, Florida, more particularly described as follows. Commendriq at the Northwest corner of Jesup's Reserve Tawnhomes Replat, according to the plc: thereof as recorded in Plat Book 71, Pages 86 ,hrough 93, Public Records of Seminole County, Florida; thence rah S39'45'03"E along the Southwesterly right of way line of State Road No. 434 per Official Records Book 2803, PugP 1023, and Official Records Bock 2831, Page 1024, Public Records of Seminole County, Florida, a distance of 291.90 feet for the Point of Beginning; thence cont(rue 539'45'03"E along the Sou hwesterly right o, wiay line of State Road No. 434 per said Of'icldl Records Book 2831, Page 1024, Public Records of Seminole County, Florida, a diRTunce of 150_46 feet; thence run S49'54'57" W, a distance of 233.19 feet to a point on a non -tangent curve concave to the Southwest, having a radius of 130.D0 feet; thence from a radial bearing of 'S91'49'51"W run Northwesterly along the arc of said curve through a central angle of 31'19'43", on arc distance of 71.08 feet, having ❑ chord bearing of N24'30'01"W and a chord distance of 70.20 feet; thence run N40'09'52"W, a distance of 62.87 feet; thence run N08'51'00"E, a distance of 8.99 feet to a point on a non -tangent curve concave to the Southeast, having a radius of 48,00 feet; thence from a radial bearing of S76'57'14"E run Northeasterly along the arc of said curve through a central angle of 36'52'12", an arc distance of 30.89 feet, having a chord bearing of IN31'28'51"E and a chord distance of 30.36 feet; ;hence run N49'54'57"E, ❑ distance of 70.78 feet to the beginning of a curve concave to the Northwest, having a radius of 226.00 feet; thence run Northeasterly along the arc of said curve through a central angle of 12'28'04", an arc distance of 49.18 feet, havinc a chord bearing of NA3'4.0'55"E and a chord distance of 49.08 feet to a point of reverse curvature of a curve concave to the Southeast, having a radius of 198.08 feet; thence run Northeasterly along the arc o said curve through a central angle of 12'15'18", an arc distance of 42.37 feat, having a chord bearing of N4,3'34'32"E and a chord distance of 42.29 feet to a point of compound curvature of a curve concave to the Southeast, having a radius of 33.00 feet thence run Northeasterly along the arc of said curve through a central angle of 3315'17", an arc distance of 19.15 feet, having a chord bearing of N66'19'49"E and a chord distance of 18.89 feet to the Point of Beginning; Contains 32,142 square feet or 0.738 acres, more or less. Digitally signed by James R James R Shannon Shannon Date: 2020.11.04 11-43:34-05'W JAMES R. SHANNON JR., P.M. J4571 Nor v,u0 YATI1b.T THC AW ✓1TIFAE " Tw SEAL OF A FLORIDA UMN-ED ". %EYW AN3 MAPPE9 SHANNON SURVEYINO, INC. 1.99 NORTH S.R 434 - SUITE 2045 ALTAMONTE SPRINGS, FLORIDA, 32714 (07) 774-8372 L9 ; 5898 DATE CF SURVEY: 11/W/2020 DRAW BY; BE SCALE: 120' P01—n" KB-$KETCH-z SHEET 1 OF 3 DEVELOPMENT AGREEMENT City of Winter Springs and Tuscawilla Property Investors, LLC Page 29 of 34 SKETCH OF DESCRIPTION PROJECT: SR 434 AND TUSKAMLLA THIS IS NOT A BOUNDARY SURVEY NOT VALID V11THOUT SHEETS 1 & 3 SURVEYORS NOTES 1. Bearings based on the Southwest right of way line of State Read No, 434 as being S39'15'03"E- 2, hcreby certify that the above described property is true and correct to the best of my nowledgT crud belie= as recently drmyn under my direction and thvt it meets the S-andards of "Ira> .ice for Land Surveying set forth in Florldn Adminisircrire Code Rule 5J--17.05 requirer-t:nls. 3. N4 valid without the signature and seal of a Florida Licensed Surveyor and Niapper, LIVE TABLE (LINE BEAWNO LENCsTH L1 539'45'03"E 150-4-6' L2 N40'09152"NV 62.67' L3 N0815110011E &99' L4 N49.54'57"E 70.78' CURVE TABLE CURVE R.wCIE1S DELTA LENGTH RACY. REARING CH- aEARING CHORD C 130.00' 31'1843" 71.05' SQ1'09'51 "V N24-30,01i 70. L' C2 48.00' 36'52'12' 30.813' S78"57%4E N31'28'51"E 30.36 . C3 22BM' 12'28'04" 49.1B- W-05'03"W N 1'40'55 C4 1MOB' 12'1518" 4237' S5233'07"E ' `" N4334'32E C5 33.00' 33'15'17" 19.15' i4J77'50"E N56'19'49"E SHANNON SURVEYING. INC. 499 NORTH S.R. 434 — SURE 2045 ALTAMONTE SPRINGS, FLORIDA, 32714 (407) 774-6372 L9 # 6898 DATE OF SURVEY: it/03/2020 _ DRAM BY: BF SCALE: I" = 120' SHEET 2 OF 3 DEVELOPMENT AGREEMENT City of Winter Springs and Tuscawilla Property Investors, LLC Page 30 of 34 SKETCH OF DESCRIPTION PROJECT: SR 434 AND TUSKAMLLA THIS IS NOT A BOUNDARY SURVEY NOT VALID WITHOUT SHEETS 1-2 r POINT OF BEGINNING NOR11 EAST CORNER OF .ESUP'S F'E.SEHVE TOWNHOMES RET LAT FLAT 6DCK 71, PAGE 86 WA VIP rr ,g2.�k'4 rSD h Y I �� � '•'t' I U iL o� ,a j r I � 41 LK h �'z r DATE OF SAIRWY: 111012RP SHANNQN SURVEYING. INC. DRAM BY. ®i' SCALE; 1" = 120' 499 NORTH S.R. 434 — SURE 2045 ALTAMONTE SPRINGS, FLORIDA. 32714 �'�1—PCB 3uc�+—scETCH—� (407) 774-8372 LR # 6598 SHEET 3 OF 3 DEVELOPMENT AGREEMENT City of Winter Springs and Tuscawilla Property Investors, LLC Page 31 of 34 Resulting Trust Property Parcel #2 The Trust Property (described in Exhibit `B") LESS AND EXCEPT the Resulting Trust Property Parcel #1 (described above) — and reflected as "Parcel 7" (Future Development) in the sketch above. DEVELOPMENT AGREEMENT City of Winter Springs and Tuseawilla Property Investors, LLC Page 32 of 34 JOINDER AND CONSENT For and in consideration of the mutual covenants, terms, and conditions and restrictions contained herein, together with other good and valuable consideration, the receipt and sufficiency of which is h by cknowledged, Q, �l a.- I � -� , a S CAa,-e r-c� 8,,,,,, as holder of that certain Mortgage QqkJ!I , {hereinafter referred to as the "Mortgage"} which is recorded in Official Records Bookq= Page I 3�9-1 Ill e Public Records of Seminole County, Florida, hereby joins in and consents to the foregoing Development and Property Division Agreement by and between the City of Winter Springs, a Florida municipal corporation, and Tuscawilla Property Investors, LLC, a Florida limited liability company, and further acknowledges and agrees that its Mortgage shall be subordinated to such Development and Property Division Agreement and the obligations contained therein. Dated this �!-Stk day of ��021. Signed and sealed in the presence of: LM k- Name; Print Name: - Ci C4 1 re, F-le _ Title r Print Name: 4't z- ` r o�rc�c� �l� t�t� STATE OF COUNTY OF _©VGA. -_ The foregoing instrument was acknowledged before me by means of 0 } physical presen a or t� online notarization, this � day of ` r , 2021, by the t� of 0a r -da � , a __ _ , on behalf of the company, DEVELOPMENT AGREEMENT City of Winter Springs and Tuscawilla Property Investors, LLC Page 21 of 22 who is personally known to me or produced identiftcatyon. (NOTARY SEAL) s, pc •,. C=n4 Notary Pf Florida ` Comm24327My Caromt 4, xraZ2Banded througtar Assn. MLAIRE L ERTUublic Site tiff f latidaission N 412, !7 • Expires Sep Iq• dAlgh National Nossry 46�r (` otary1 ii Signatm) ' C � �-- Cn (Print Name) Notary Public, State of Commission No.: My Commission Expires: _ DEVELOPMENT AGREEMENT City of Winter Springs and Tuscawilla Property Investors, LLC Page 22 of 22 as