HomeMy WebLinkAboutK.S. Realty of Florida, L.P. Seventh Modification to Binding Development Agreement 2024 02 22Grant Maloy, Clerk Of The Circuit Court & Comptroller Seminole County, FL
Inst #2024017462 Book:10585 Page:1859-1870; (12 PAGES) RCD: 2/27/2024 2:57:36 PM
REC FEE $103.50
THIS 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
SEVENTH MODIFICATION TO BINDING DEVELOPMENT AGREEMENT
THIS SEVENTH MODIFICATION TO BINDING DEVELOPMENT
AGREEMENT ("Seventh Modification") made and executed this day of
, �' U'c �' f. 2,02�, 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 K.S. REALTY OF FLORIDA, L.P., a New York Limited Partnership
("Owner"), whose principal address is 4455 Douglas Avenue, Bronx, New York 10471.
WITNESSETH:
WHEREAS, McGaba, LLC ("McGaba") and the City entered into a Binding Development
Agreement dated April 10, 2003, and recorded in Official Records Book 4839, Page 1896, of
Seminole County, Florida (the "Agreement") regarding the development of a Shopping Center
located at 855 E. State Road 434 in Winter Springs; and
WHEREAS, a First Modification to Binding Development Agreement, dated February 26,
2004, was recorded in Official Records Book 05230, Page 1123-1125, of Seminole County, Florida
("First Modification"); and
WHEREAS, a Second Modification to Binding Development Agreement, dated July 1,
2004, was recorded in Official Records Book 06153, Page 59-62, of Seminole County, Florida
("Second Modification"); and
WHEREAS, a Third Modification to Binding Development Agreement, dated September
25, 2006, was recorded in Official Records Book 6437, Page 1204-1207, of Seminole County,
Florida ("Third Modification"); and
WHEREAS, a Fourth Modification to Binding Development Agreement, dated November
14, 2007, was recorded in Official Records Book 6871, Page 285-288, of Seminole County, Florida
("Fourth Modification"); and
SEVENTH MODIFICATION TO BINDING DEVELOPMENT AGREEMENT
City of Winter Springs and K.S. Realty of Florida, L.P. (Amusement Arcade Conditional Use)
Page 1 of 12
Book 10585 Page 1860
Instrument# 2024017462
WHEREAS, a Fifth Modification to Binding Development Agreement, dated November
13, 2007, was recorded in Official Records Book 6871, Page 281-284, of Seminole County, Florida
("Fifth Modification"); and
WHEREAS, a Sixth Modification to Binding Development Agreement, dated January 14,
2008, was recorded in Official Records Book 6916, Page 1332-1337, of Seminole County, Florida
("Sixth Modification"); and
WHEREAS, Owner is the owner of approximately 8.97 acres, more or less, of real
property located at 853 East State Road 434, Winter Springs, Florida 32708, generally located
south of State Road 434 and west of Stone Gable Circle in Winter Springs, Seminole County,
Florida, more particularly depicted and legally described in Exhibit "A," attached hereto and
incorporated herein by this reference (the "Property"); and
WHEREAS, pursuant to Section 20-234(1) of the City of Winter Springs Code of
Ordinances ("City Code"), "amusement and recreational parks and centers (including golf driving
ranges, miniature golf courses, billiard halls, children's play centers, bowling alleys, and similar
uses)," require a conditional use permit in the C-1 (Neighborhood Commercial) zoning district;
and
WHEREAS, John Pyle and Sasha Pyle (the "Applicant"), has applied for a conditional use
permit, seeking to add amusement at the Property by incorporating amusement arcade elements;
and
WHEREAS, the Applicant intends to enter into a lease agreement with the Owner to
provide indoor amusement at the Property; and
WHEREAS, pursuant to Chapter 20 Zoning, Article II, Division 1, Section 20-29.1 of the
City Code, a community workshop for the Project was held on December 01, 2023; and
WHEREAS, Section 20-29(c) of the City Code requires that all conditional uses shall be
binding upon 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(c) of the City Code shall be required to be memorialized in a binding Development
Agreement; and
WHEREAS, the parties desire to further modify the Agreement to allow for the conditional
use of arcade amusement as provided herein; and
WHEREAS, the parties acknowledge and agree that all the other terms and conditions of
the Agreement, First Modification, Second Modification, Third Modification, Fourth
Modification, Fifth Modification, and Sixth Modification not expressly modified by this Seventh
Modification shall remain in full force and effect; and
SEVENTH MODIFICATION TO BINDING DEVELOPMENT AGREEMENT
City of Winter Springs and K.S. Realty of Florida, L.P. (Amusement Arcade Conditional Use)
Page 2 of 12
Book 10585 Page 1861
Instrument# 2024017462
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.
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. The real property subject to this Agreement has a tax parcel
identification number of 26-20-30-5AR-OD00-0080, and is legally described in Exhibit "A."
4.0 Project Description and Requirements. Owner may, at its expense, design, permit,
renovate, and construct, an indoor amusement arcade on the Property not to exceed 6,215 square
feet. Hereinafter the project description and requirements are referred to as the "Project."
The Owner shall construct the Project in a manner substantially consistent with the approved
Conceptual Sketch attached hereto as Exhibit `B", which is fully incorporated herein by this
reference. The Conceptual Sketch is intended to be the general blueprint which details key aspects
of the future development of the conditional arcade amusement use on the Property. The
Conceptual Sketch shall also serve as a necessary guide for future permit applications and
permitting necessary to complete the construction of the Project.
4.1 Conditions. Specific conditions of approval for the conditional use include the
following, which are also addressed in the City's staff report:
1. The conditional use approval shall be limited to an arcade amusement and does not
extend to other types of amusements such as golf driving ranges, miniature golf
courses, billiard halls, children's play centers, or bowling alleys, absent a new
conditional use permit being approved.
2. Substantial conformance to the Conceptual Floor Plan attached hereto as Exhibit
B.
3. Signage shall conform to Chapter 16, Article III of City Code except to the extent
signage requirements have been established in the Agreement or subsequent
Modifications to the Agreement.
4. The operators of the conditional use shall create and implement a security plan to
ensure safety on site.
5. The conditional use for an arcade amusement shall be restricted solely to one
commercial suite of the subject property, which shall not exceed 6,215 square feet
in size. Any further expansion shall require additional approval of a conditional
use.
6. No "slot machines or devices" shall be permitted in the arcade as defined in Sec.
SEVENTH MODTFTCATTON TO BTNDTNG DEVELOPMENT AGREEMENT
City of Winter Springs and K.S. Realty of Florida, L.P. (Amusement Arcade Conditional Use)
Page 3 of 12
Book 10585 Page 1862
Instrument# 2024017462
10-115 of the City Code.
7. Daily hours of operation shall not extend beyond 12:00am midnight.
5.0 Future Perinitting. In accordance with Section 20-36 of the City Code, the conditional
use shall expire two (2) years after the Effective Date of this Agreement unless a Business Tax
Receipt and building permit, if necessary, based upon and incorporating the conditional use is
issued by the city within such two (2) years.
6.0 Representations of the Parties. The City and Owner 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 Owner, 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. Owner 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 Owner 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 Controlling Law and Venue. This Agreement shall be governed by the laws of the State
of Florida. Venue for any action in State court shall be in Seminole County, Florida. Venue for
any action in Federal court shall be in Orlando, Florida.
9.0 Amendments. This Agreement shall r
agreement duly executed by both parties hereto,
the City Commission.
)t be modified or amended except by written
or their successors or assigns, and approved by
10.0 Entire Agreement and Exhibits. Except as otherwise provided herein, 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 Owner 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.
SEVENTH MODIFICATION TO BINDING DEVELOPMENT AGREEMENT
City of Winter Springs and K.S. Realty of Florida, L.P. (Amusement Arcade Conditional Use)
Page 4 of 12
Book 10585 Page 1863
Instrument# 2024017462
13.0 Recordation. Upon full execution by the Parties, this Agreement shall be recorded in the
Public Records of Seminole County, Florida by the City. The Owner shall be responsible for all
recording fees associated with this Agreement.
14.0 Relationship of the Parties. The relationship of the parties to this Agreement is
contractual and Owner is an independent contractor and not an agent of the City. Nothing 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).
16.0 City's Police Power. Owner agrees and acknowledges that the City hereby reserves all
police powers granted to the City by law. In no way shall this Agreement be construed as the City
bargaining away or surrendering its police powers.
17.0 Interpretation. The parties hereby agree and acknowledge that they have both
participated equally in the drafting of this Agreement and no party shall be favored or disfavored
regarding the interpretation to this Agreement in the event of a dispute between the parties.
18.0 Third -Party Rights. This Agreement is not a third -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,
SEVENTH MODIFICATION TO BINDING DEVELOPMENT AGREEMENT
City of Winter Springs and K.S. Realty of Florida, L,P. (Amusement Arcade Conditional Use)
Page 5 of 12
Book 10585 Page 1864
Instrument# 2024017462
condition, term or restriction shall not relieve Owner 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 Owner 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. In addition to termination as provided in Section 22.0 above, the City shall
have the unconditional right, but not obligation, to terminate this Agreement, without notice or
penalty, if Owner/Applicant fails to receive a business tax receipt and, if necessary, building
permits for the Project within two (2) years of the Effective Date of this Agreement. The Owner
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, to terminate the
Agreement if Owner 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. Owner shall be solely responsible for designing,
permitting, constructing, operating and maintaining this Project. As such, Owner 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 Owner and Owner'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 Majeure. 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 acts of
God, acts of government authority (other than the City's own acts), acts of public enemy or war,
riots, civil disturbances, power failure, shortages of labor or materials, injunction or other court
proceedings beyond the control of such party, or severe adverse weather conditions ("Force
Majeure 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
SEVENTH MODIFICATION TO BINDING DEVELOPMENT AGREEMENT
City of Winter Springs and K.S. Realty of Florida, L.P. (Amusement Arcade Conditional Use)
Page 6 of 12
Book 10585 Page 1865
Instrument# 2024017462
due to the Force Majeure 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. The City Manager
shall have the authority to grant an extended Time Period. An extension of any Time Period for
reasons of a Force Majeure Event shall be requested solely as provided in this Section. Owner
hereby waives and relinquishes the right to notify the City of the intent to exercise the tolling and
extension of any permit related to the Project, including Time Periods under this Agreement,
development orders, and building permits, available under Section 252.363, Florida Statutes, as
the result of a declaration of a state of emergency issued by the Governor for a natural emergency.
26.0 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:
Phil Hursh, Interim City Manager
City of Winter Springs
1126 East S.R. 434
Winter Springs, Florida 32708
With additional notice to:
Anthony A. Garganese, City Attorney
Garganese, Weiss, D'Agresta & Salzman, P.A.
1 I 1 N. Orange Avenue, Suite 2000
Orlando, FL 32802
For Owner:
K.S. Realty of Florida, L.P.
47 East Robinson Street, Suite 230
Orlando, FL 32801
Attn: Patricia Jackson, Property Manager
Phone: (321) 436-8650
Email: patti(ie paj management. com
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 completing the construction of the Project and reaching final build -
out of the Project, Owner 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
SEVENTH MODIFICATION TO BINDING DEVELOPMENT AGREEMENT
City of Winter Springs and K.S. Realty of Florida, L.P. (Amusement Arcade Conditional Use)
Page 7 of 12
Book 10585 Page 1866
Instrument# 2024017462
this Agreement and fully assume all of Owner'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.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seal on the
date first above written.
CITY OF WINTER SPRINGS
CITY SEAL
Kevin McCann, Mayor ,+
4, T
Date:
Air';•' • `� � '4c .
4
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ATTEST: w•
By. �F�t1t;QL�"
Ch 'stian Gowan, City Clerk
APPROVED AS TO FORM AND LEGALITY
For the use and reliance of the City of Winter Springs,
Florida, only.
By: P'`��
Anthony A. Garganese, City Attorney
Signed, sealed and delivered in the presence K.S. REALTY OF FLORIDA, L.P.
of the following witnesses:
mature o Witness Printed Name and Title:
Printed Name of Witness
Date; �1, . �y, Z� Z
.1/0 �a �(
8 5 o Fot,ith <&A-. tAo-j *1a,3 Zr l
SEVENTH MODIFICATION TO BINDING DEVELOPMENT AGREEMENT
City of Winter Springs and K.S. Realty of Florida, L.P. (Amusement Arcade Conditional Use)
Page 8 of 12
Book 10585 Page 1867
Instrument# 2024017462
Address of Witness
Signa 4ess
A'Y'(�- 'v",
Printed Name ot Witness
Address of Witness
STATE OF fI -
COUNTY OF l�1,--A11,r n
The foregoing instnitneat was acknowledged before me by means of [ ] ph sical presence
or [ ] online notarization, this 2,0 day of fc l ty, 2024, by ��; , 4e4sn•� ,
the gv wtp, qe, ofK.S, Realty of Florida, L.P.,i Delaware Limited Partnership, on behalf
of lthe P rtnership, who is personally lcno,vi to tt or produced as
identification.
OWNER IS HEREBY ADVISED THAT SHOULD OWNER 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.
ANTHONY JOSEPH DINOVA JR.
Notary Public, State of Florida
* *�
Commission No. HH 37694
Commission Expires08130/2024
[THE REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK]
SEVENTH MODIFICATION TO BINDING DEVELOPMENT AGREEMENT
City of Winter Springs and K.S. Realty of Florida, L.P. (Amusement Arcade Conditional Use)
Page 9 of 12
Book 10585 Page 1868
Instrument# 2024017462
EXHIBIT A
Propertv Legal Description
Parcel I:
That certain piece, parcel and tract of land located in Seminole County, Florida, described as
follows:
The West 231.30 feet of Lot 8, Block D, DR. Mitchell's Survey of Levy Grant, as recorded in
Plat Book 1, Page 5, Public Records of Seminole County, Florida, lying South of State Road 419
(Oviedo Road); Less that part taken in that certain Order of Taking for road recorded in
Official Records Book 2784, Page 1196, Public Records of Seminole County, Florida.
Together With:
The East 253.6 feet of Lot 9, (LESS the East 100 feet of the North 150 feet thereof), Block D Dr.
Mitchell's Survey of the Levy Grant, according to the plat thereof as recorded in Plat Book 1,
Page 5, of the Public Records of Seminole County, Florida, ALSO LESS the following property
being more particularly described as follows:
Commence at the Northwest comer of Lot E, Chase and Company's Subdivision of Wagner,
according to the Plat thereof as recorded in Plat Book 6, Page 64, of the Public Records of
Seminole County, Florida; thence run South 06 degrees 55 minutes 04 seconds East along the
West line of said Lot E, a distance of 1100.73 feet to a point on the baseline of survey of S.R. 434
according to F.D.O.T. Right of Way Map Section Number 77070- 2516; thence run North 83
degrees 50 minutes 23 seconds East along said baseline of survey a distance of 390.41 feet; thence
departing said baseline of survey run South 07 degrees 01 minutes 30 seconds East a distance of
24.39 feet to a point on the Southerly right of way line of S.R. 434; thence run North 83 degrees
51 minutes 32 seconds East along said Southerly right of way line a distance of 168.42 feet to the
West line of the East 253.6 feet of said Lot 9, Block D, for a POINT OF BEGINNING; thence
continue North 83 degrees 51 minutes 32 seconds East along said Southerly right of way line a
distance of 153.62 feet to the West line of the East 100 feet of the North 150 feet of said Lot 9,
Block D; thence departing said Southerly right of way line run South 07 degrees 01 minutes 30
seconds East along said West line of the East 100 feet of the North 150 feet of Lot 9, Block D a
distance of 84.03 feet; thence departing said West line run South 83 degrees 53 minutes 17
seconds West a distance of 153.62 feet to said West line of the East 253.6 feet of Lot 9, Block D;
thence run North 07 degrees 01 minutes 30 seconds West along said West line of the East 253.6
feet a distance of 83.96 feet to the said Southerly right of way line S.R. 434 and the Point of
Beginning.
Together with:
That part of the East 100 feet of the North 150 feet of Lot 9, Block D, "DR. Mitchell's Survey of
the Levy Grant" according to the plat thereof as recorded in Plat Book 1, Page 5 of the Public
Records of Seminole County, Florida, lying South of the Sanford Oviedo Road (State Road 434)
and being more particularly described as follows:
Commence at the Northeast comer of said Lot 9, Block D; thence run South 07 degrees 01
SEVENTH MODIFICATION TO BINDING DEVELOPMENT AGREEMENT
City of Winter Springs and K.S. Realty of Florida, L.P. (Amusement Arcade Conditional Use)
Page 10 of 12
Book 10585 Page 1869
Instrument# 2024017462
minutes 30 seconds East, along the East line of said Lot 9, Block D for 84.09 feet to the
Southerly right of way line of said State Road 434, as shown on Florida Department of
Transportation Right of Way Map 77070-2516, and to the Point of Beginning; thence continue
South 07 degrees 01 minutes 30 seconds East, along said East line of Lot 9, Block D for 65.93
feet; thence run South 83 degrees 51 minutes 32 seconds West for 100.01 feet; thence run North
07 degrees 01 minutes 30 seconds West for 65.00 feet to the aforementioned Southerly right of
way line of State Road 434; thence run North 83 degrees 53 minutes 17 seconds East, along said
right of way line, for 100.01 feet to the Point of Beginning.
ALSO LESS that portion thereof conveyed to the City of Winter Springs by Special Warranty
Deed recorded November 19, 2003 in Official Records Book 5105, Page 849, Public Records of
Seminole County, Florida more particularly described as follows:
A portion of Lot 8, Block D, DR. Mitchell's survey of Levy Grant, recorded in Plat Book 1,Page
5 of the Public Records of Seminole County, Florida, more particularly described as follows:
Commence at the intersection of the South right of way line of State Road No. 434 and the West
line of Stone Gable, according to the plat thereof as recorded in Plat Book 54, Page 14, of the
Public Records of Seminole County, Florida; thence South 07 degrees 00 minutes 49 seconds
East along said West line 253.70 feet to the Point of Beginning; thence South 82 degrees 59
minutes 15 seconds West 30.00 feet; thence South 07 degrees 00 minutes 45 seconds East, 168.06
feet; thence South 14 degrees 04 minutes 28 seconds East, 49.94 feet; thence South 32 degrees 19
minutes 44 seconds East, 55.80 feet to a point on said West line of Stone Gable; thence North 07
degrees 00 minutes 49 seconds West along said West line, 268.06 feet to the Point of Beginning.
Said lands lying in City of Winter Springs, Seminole County, Florida.
PARCEL 11:
A non-exclusive easement to construct, install, repair, maintain and replace landscaping
improvements, wall and other improvements as set forth granted and reserved in that Special
Warranty Deed from McGaba, LLC., a Florida limited liability company to The City of Winter
Springs, Florida recorded November 19, 2003 in Official Records Book 5105, Page 849, Public
Records of Seminole County, Florida.
SEVENTH MODIFICATION TO BINDING DEVELOPMENT AGREEMENT
City of Winter Springs and K.S. Realty of Florida, L.P. (Amusement Arcade Conditional Use)
Page 11 of 12
Book 10585 Page 1870
Instrument# 2024017462
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EXHIBIT B
Conceptual Floor Plan
CLASS ROOM
WE ILL NOT HAVE
Gambling Machines
WIN ala is
- 6" equwe Feed In
Class Room 1
Birthday Partles am
P~ .�• �. for ciaw"e w us" hr
MM Hay i1t
swwd� prw,
NaY�i�Na Ctwuelr AIOwfO
Oars
13?! tgusre FNt
QATAV ttoom Aeee " 3
interacihv Floor tadw.eidw flow w0th
as~* tw chNMq M
lie this rw n
open Hoot arwt can" -rile wtll clnrge i1{irOd�d to pd ke6o
2122 bgwre Faad 0"" ft" -Row* r"t an tdn Mumma
The r epsurwnt is tWo Wwwwd end
PMbadl Umhfaev Diner>Q Am120 Equwt Fva Made gums am deomUone adtd
ri set to Rae pdey
— - -Pak% Fia depwtww ik Wtuy, sty
workers go tdw erwly
t»t b*VAm240$gwn Fad Total Square Feet - 6216
.W- Total square feet Interior - 6968
Total gaming area including
classes i partles area 4977
Mow La" T .. Total Restaurant Area - 480
..�. Total Tablestchairs inside 4116
Total Tables/Chairs outside aM4
Bar
142
Square
Feed
SEVENTH MODIFICATION TO BINDING DEVELOPMENT AGREEMENT
City of Winter Springs and K.S. Realty of Florida, L.P. (Amusement Arcade Conditional Use)
Page 12 of 12