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HomeMy WebLinkAboutKado Investments, LLC, Youdali International Investmetns, LLC and Kira Wood Development Agreement for 4301 SR 419 - 2025 01 13Grant Maloy, Clerk Of The Circuit Court & Comptroller Seminole County, FL Inst #2025003396 Book:10756 Page:1375-1388; (14 PAGES) RCD: 1/14/2025 10:52:30 AM REC FEE $120.50 T141S 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 DEVELOPMENT AGREEMENT (4301 SR 419 — Future Land Use Amendment and Rezoning) THIS DEVELOPMENT AGREEMENT ("Agreement") is made and executed this day of x. . 202, by and between the CITY OF WINTER SPRINGS, a Florida Municipal Corporation with a principal address at 1126 E. S.R. 434, Winter Springs, Florida 32708 ("City"), and KADO INVESTMENTS, LLC, a Florida Limited Liability Company with a principal address at 1857 Lake Spier Dr., Winter Park, Florida 32789, YOUDALI INTERNATIONAL INVESTMENTS, LLC, a Florida Limited Liability Company with a principal address at 1889 Berkeley C.t., Maitland, Florida 32751, and KIRA WOODS (collectively, "Developers"). WITNESSETH: WHEREAS, Developers are the owners of approximately 7.84 acres, more or less, of real property generally located along State Road 419, North of the intersection of State Road 419 and State Road 434, Winter Springs, Seminole County, Florida, more particularly described herein (the "Property"); and WHEREAS, on April 08, 2024, the City Commission adopted Ordinance No. 2024-04, which is recorded in the Official Records of Seminole County, Florida, at Book 10609 Page 752, and which annexed the subject Property into the City of Winter Springs; and WHEREAS, the Developers desire to amend the Future Land Use designation of the Property from County "Suburban Estates" to City "Commercial" and to amend the official zoning map designation on the Property from County "Agriculture" to City "General Commercial," (C- 2) for the purpose of developing the property into the Project (as defined below); and WHEREAS, the City Commission desires to approve the Developers' request to change the zoning of the Property, subject to the conditions in this Agreement which limit the types of use for which the Property may be developed and the amount of impervious surface area which may be developed thereon, for the protection of Gee Creek and the health and welfare of the City; and City of Winter Springs — Kado Investments, LLC & Youdali International Investments, LLC & Kira Woods Development Agreement Page 1 of 14 Book 10756 Page 1376 Instrument# 2025003396 WHEREAS, Section 20-29(c) of the City Code requires that all rezonings shall be binding upon 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 20-293 of the City Code shall be required to be memorialized in a binding development agreement; and WHEREAS, Section 20-31 of the City Code provides that the speculative rezoning of land is very disfavored by the City and, in conjunction with a rezoning application, the Developers shall be required to fully disclose any proposed new development project that will be pursued if the proposed rezoning request is approved; and WHEREAS, Section 20-31 of the City Code further provides that the disclosed development project shall be deemed to have been relied on by the City in reaching its decision concerning the proposed change of zoning and any site plan or concept plan shall be deemed to be binding on the property affected by the rezoning, even if said site plan or concept plan imposes greater or stricter standards on the property than does other provisions of the City Code; and WHEREAS, mitigative techniques and plans required to support any change of zoning may be addressed pursuant to the restricted rezoning provisions in the City Code and a binding development agreement; and WHEREAS, in compliance with the City Code, the Developers have included a general land use plan, as described further herein, which shall be deemed to be binding on the Property, and the change of zoning shall be deemed to have been granted in reliance on said land use plan; and WHEREAS, this Development Agreement shall be recorded in the Official Records of Seminole County, Florida, against the Property so that the terms and conditions of approval herein 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 34-20-30-5AW-0000-0250 and is legally described in EXHIBIT "A" which is attached hereto and fully incorporated herein by this reference ("Property"). 4.0 I'miect Description and Requirements. The Developers agree that the Property shall be developed as a commercial enterprise for the outdoor storage of vehicles as provided herein City of Winter Springs — Kado Investments, LLC & Youdali International Investments, LLC & Kira Woods Development Agreement Page 2 of 14 Book 10756 Page 1377 Instrument# 2025003396 (the "Project"), The Project shall be subject to the conditions outlined in this Agreement and shall be further subject to all requirements of Section 20-256, Supplemental Outdoor Storage and Warehousing Requirements, of the City Code. 5.0 Land Use Plan. The Project shall be substantially developed in accordance with the preliminary/bubble land use plan which is attached hereto as EXHIBIT "B" and incorporated herein by this reference ("Land Use Plan"). The Land Use Plan is intended to be the general blueprint which details key aspects of the future physical development of the Property. The Land Use Plan shall also serve as a necessary guide for future permit applications and permitting necessary to complete the construction of the Project. Developers shall have the obligation to further submit and obtain the City's approval of a final site plan and final engineering plans and aesthetic review ("Final Engineering Plans") consistent with the Land Use Plan in all material respects and in compliance with the City Code. Developers acknowledge and agree that the Land Use Plan was not created with specific surveyed dimensions and that during the Final Engineering Plan process such dimensions shall be surveyed, duly engineered, and provided to the City for consideration under applicable City Codes. The Land Use Plan shall be subject to reasonable adjustments at the Final Engineering Plan phase in order to bring the Project into full compliance with the City Code, and as a result, the exact location, layout and dimensions of the building, landscaping, entrances, utilities, parking and other site improvements may vary slightly between Land Use Plan approval and approval of the Final Engineering Plans. These changes shall be allowed as long as the changes are consistent with the development standards noted in this Agreement and preserve the general character of the development shown on the Land Use Plan. 6.0 Permitted Uses. The City Commission herein imposes certain use restrictions greater than those otherwise specified in the C-2 zoning district to ensure any negative impacts of the commercial development are minimized, including minimizing potential negative impacts to nearby Gee Creck, and to ensure the future development is compatible with the surrounding uses. The following uses shall be permitted on the Property: Outdoor storage facility specifically designed for the parking and storage of vehicles, boats, and not more than a total of five (5) cargo or shipping containers, subject to the supplemental regulations set forth in Section 20-256 of the City Code. Any cargo or shipping containers stored on the Property shall not be stacked one on top of the other such that they are visible from a public road. Individual cargo or shipping containers shall be stored on the Property for periods of 30 days or more to deter short term use. The Developer acknowledges and agrees that an amendment to this Agreement shall be required if the Developer desires to implement any other C-2 permitted uses on the Property. The outdoor storage of construction equipment, heavy machinery, and other goods and materials shall be prohibited. 7.0 Future Permitting. Within thirty-six (36) months from the Effective Date of this Agreement, the Developers, at their expense, shall prepare and file all required applications, information, and engineering plans with the City that are necessary to obtain Final Engineering approval for the Project consistent with the Land Use Plan. The Developers shall obtain Final City of Winter Springs — Kado Investments, LLC & Youdali International Investments, LLC & Kira Woods Development Agreement Page 3 of 14 Book 10756 Page 1378 Instrument# 2025003396 Engineering approval within forty-eight (48) months of the Effective Date of this Agreement. If the Project fails to obtain such final approval from the City within the aforesaid forty-eight (48) months, the City shall have the right to declare the Developers in default pursuant to Section 25.0 of this Agreement. If the Developers do not cure the default within the cure period, the City shall have the right, but not obligation to, terminate this Agreement without penalty as provided herein. 8.0 Easement over Gee Creek. Consistent with Section 9-159 of the City Code, the Developer acknowledges and agrees that it shall be required to grant to the City a drainage easement of sufficient width to provide adequately for watercourses, specifically Gee Creek, and access to permit maintenance of the same prior to the time of building permit issuance. 9.0 Representations of the Parties. The City and Developers hereby each represent and warrant to the other that they have the power and authority to execute, deliver and perform the terms and provisions of this Agreement and have 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 Developers, constitute a legal, valid and binding obligation enforceable against the parties hereto. Upon the 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. Developers represent that they have voluntarily and willfully executed this Agreement for purposes of binding themselves and the Property to the terms and conditions set forth in this Agreement. 10.0 Successors and Assigns. This Agreement shall automatically be binding upon and shall inure to the benefit of the City and Developers 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. 11.0 Applicable 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. 12.0 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, 13.0 Entire AQreement., 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 Developers as to the subject matter hereof. The Exhibits attached hereto and referenced herein are hereby fully incorporated herein by this reference. 14.0 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. City of Winter Springs — Kado Investments, LLC & Youdali International Investments, LLC & Kira Woods Development Agreement Page 4 of 14 Book 10756 Page 1379 Instrument# 2025003396 15.0 Effective Date, This Agreement shall become effective upon approval by the City Commission and execution of this Agreement by both parties hereto. 16.0 Recordation. Upon full execution by the Parties, this Agreement shall be recorded in the Public Records of Seminole County, Florida by the City. 17.0 Relationship of the Parties. The relationship of the parties to this Agreement is contractual and Developers are independent contractors and not agents 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. 18.0 Sovereign Immunity. Notwithstanding any other provision set forth in this Agreement, nothing contained in this Agreement shall be construed as a waiver of the City's right to sovereign immunity under section 768.28, Florida Statutes, or other limitations imposed on the City's potential liability under state or federal law. As such, the City shall not be liable under this Agreement for punitive damages or interest for the period before judgment. Further, the City shall not be liable for any claim or judgment, or portion thereof, to any one person for more than 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). 19.0 City's Police Power. Developers agree and acknowledge 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. 20.0 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. 21.0 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. 22.0 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. 23.0 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. 24.0 Development Permits. Nothing herein shall limit the City's authority to grant or deny any development permit applications or requests subsequent to the effective date of this Agreement. The failure of this Agreement to address any particular City, County, State and/or Federal permit, City of Winter Springs -- Kado Investments, LLC & Youdali Intemational Investments, LLC & Kira Woods Development Agreement Page 5 of 14 Book 10756 Page 1380 Instrument# 2025003396 condition, term or restriction shall not relieve Developers 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 Developers are in breach of any term or condition of this Agreement. 25.0 De ault 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 or an action for specific performance and/or injunctive relief. In addition, Developers specifically acknowledge and agree that violations of this Agreement will also constitute a violation of the Zoning Ordinances of the City, and this Agreement may be enforced in the manner of zoning code violations pursuant to the City Code. Prior to any party filing any court 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. 26.0 Termination, The City shall have the unconditional right, but not obligation, to terminate this Agreement, without notice or penalty, if Developers fail to comply with the Future Permitting requirements of Section 7.0. In addition, the City shall have the right, but not obligation, to terminate the Agreement if Developers permanently abandon 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 25.0 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. Upon termination for any reason, the City may elect to initiate a Future Land Use designation amendment and rezoning of the Property, the advertising and noticing costs of which shall be borne by the Developers. In that circumstance, the Developers hereby waive the right to object to, contest, or support others in objecting to or contesting the City's efforts to initiate such Future Land Use designation amendment and rezoning of the Property. 27.0 Indemnification and Hold Harmless. Developers shall be solely responsible for designing, permitting, constructing, operating and maintaining this Project. As such, Developers hereby agree 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 Developers and Developers' contractor's and subcontractor's performance of design, permit and construction activities in furtherance of constructing the Project under this Agreement and the operation and maintenance of the Project thereafter. This indemnification shall survive the termination of this Agreement. 28.0 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 acts of God, acts of government authority (other than the City's own acts), acts of public enemy or war, City of Winter Springs — Kado investments, LLC & Youdali International Investments, LLC & Kira Woods Development Agreement Page 6 of 14 Book 10756 Page 1381 Instrument# 2025003396 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 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. Developer 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. 29.0 Notigg. 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: Attn: City Manager City of Winter Springs 1126 East S.R. 434 Winter Springs, Florida 32708 For the Develoners: Kado Investments, LLC Attn: Kira Woods, Managing Member Matthew Merdian as her attorney in fact Address: 1857 Lake Spier Dr Winter Park FL 32789 Youdali International Investments, LLC Attn: Steven D. Fieldman, Managing Member Matthew Merdian as his attorney in fact Address: 349 Agnes St Orlando, FL 32801 Kira Woods Attn. Kira Woods Matthew Merdian as her attorney in fact City of Winter Springs -- Kado Investments, LLC & Youdali international Investments, LLC & Kira Woods Development Agreement Page 7 of 14 Book 10756 Page 1382 Instrument# 2025003396 Address: 1857 Lake Spier Dr 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. 30.0 Assignment. Prior to completing the construction of the Project and reaching final build - out of the Project, Developers 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. However, Developers shall be entitled to assign their rights and obligations under this Agreement to a parent, subsidiary, or affiliated entity in which Developers or their members are members or interest holders without City consent, provided that the City is given notice of such assignment in accordance with Section 29.0 herein. Any assignment authorized by this subparagraph shall require the assignee to be a formal signatory to this Agreement and fully assume all of Developers' 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 ff Kevin McCann, Mayor Date: ATTEST, ...... CITY SEAL Christian Gowan, City Clerk � �}j�t1T1cR n� Approved a form and legality for the Cit ter S in s onlyse...___ rn Anthony A. Ya nese ity Attorney '. l9 6 rs Date: City of winter Springs — Kado Investments, LLC & Youdali International Investments, Ma"' ira foods Development Agreement Page 8of14 Book 10756 Page 1383 Instrument# 2025003396 STATE OF FLORIDA COUNTY OF SEMINOLE The foregoing instrument was acknowledged before me by means of ( physical presence or (_)online notarization, this 'I day of 2024� by Kevin McCann, Mayor of THE CITY OF WINTER SPRINGS, FLORIDA, a municipal corporation, on behalf of the corporation. I -le is�petsona11 known to me,or has produced as identification. (NOTARY SEAL) Public State of Florida I; F Tristin M Tarrant &Notary My Cc HH 491305 ExpireS 2/11/2020 Signed, sealed and delivered in the presence of the following witnesses: Si nature 4f:.Witness L�v� D,Z Printed Name &Witness u w 4� r—L D v' I'w ABo'Wiui s a �n�ure o 1 n cs Printed Name of Witness 450-5.0eRN�' lil6 Address or Witness STATE OF -1'6V iL-(94 (Notary Public signature) rwr r (Print Name) Notary Public, State of ; s i -'J Commission No.: H t , My Commission Expires:, :± a KADO INVESTMENTS, LLC, a Florida Limited Liability Company c A-5 H C't ,-rr n AMC r ,Gl�a itloodS� �,q-+vr��.c �Y � !>J �4tit✓ Print narne and title: /ct.t+ L• oo4S A"-y '&"E/t,�83 M 47T M F-4P14r Af KC,4- A-ffoti h/CY ! tN Date: u 2 City of Winter Springs — Kado Investments, LLC & Youdali International Investments, LLC & Kira Woods Development Agreement Page 9 of 14 Book 10756 Page 1384 Instrument# 2025003396 COUNTY OF d44 ""E The foregoing instrument was acknowledged before me by means of ) physical presence or (___) online notarization, this U41, day of Dt;C4-*51-A-, 2024, byMA-rf µ1AA t 4+u , the f vAl l ti 6 /hi' PrJ10 of Kado Investments, LLC. He/she is personally known to me or produced as identification. (NOTARY SEAL) ::::�u (Nota Public Sig/n�at �A �( :KLINGLER �u' � ` SAMANTH(Print Name) �� Notary PubNt or trlondallotary Public, State of ti. Commission11033d Commission No.: 11 A p My Comm. Expr 29, 2023 My Commission Expires: M dI V Signed, sealed and delivered in the presence of the following witnesses r St� u c of Witness Prin ed am o Witne;s�s p Address of Witness I—h-X- Si nature ofWitness t?V1 V1.L C ►�- PLnt�cljVaryc of.WiUts �C o v-e Address of Witness STATE OF P w tit OA COUNTY OF CS A---- &I- YOUDALI INTERNATIONAL INVESTMENTS, LLC, a Florida Limited Liability Company 7� ,9S His 5rrvorj t/ If-rtiN+Cr Print name and title: 9410sm a F01a1, D M Be MKTY 1-kE+t-0tAN ^ ri(S axtxi Date: t'L t t 'Za L t-J f A- - r The foregoing instrument was acknowledged before me b presence or (__) online notarization, this I I ft" day bthe powox dF n'ttoti"'dr of Youdali LLC. He/she is personally known to me or produced means of' (,�<) physical of DlTCt1-rS192 , 2024, International Investments, as identification. City of Winter Springs — Kado Investments, LLC & Youdali International Investments, LLC & Kira Woods Development Agreement Page 10 of 14 Book 10756 Page 1385 Instrument# 2025003396 (NOTARY SEAL) Ezill SAMANTHA KLINGLER Notary public - State of Florida Commissior 4 HH 11033E My Comm, Expires Mar 29, 2025 Signed, sealed and delivered in the presence of the following witnesses: signature 9f Witness Printed Name of'Witness Address of Witness i� lSJfpature o �V11 tnesIs v ttCom Pi)tmofw[-��.-five CM6'Aao Address of Witness STATE OF'� COUNTY OF BlL�F� (Notary Publi ignatur1� e urnL An�ty (Print Name) Notary Public, State of oti Commission No.: HF1 I i /),i . My Commission Expires: HIA V 9,01 o7LC KIIi2A WOODS Print name and title; /rth iJqo0S 13M47rMCA,4140 Date: �I z t / z"'y The foregoing instrument was acknowledged before me by means of (K) physical presence or () online notarization, this / t 1't' day of bK-cf",8C1E , 2024, by m'rn AFU4he eowfA of A#Dr Alt Y of pr" W0091 Fle/she is personally known to me or produced ____ as identification. , (NOTARY SEAL) O K \ (Notary Pu is Qigna ) Gtrnahha tiTY "ri'''•• SAhtANTHA KLIN�LER (Print Name) Notary Public - State of Floridallotary Public, State o�f�"Wyw Commission HH i 10338 Commission No.• r1h My Comm, Expires Mar 29, 2025 My Commission Expires: City of Winter Springs -- Kado Investments, LLC & Youdali International Investments, LLC & Kira Woods Development Agreement Page 11 of 14 Book 10756 Page 1386 Instrument# 2025003396 DEVELOPERS ARE HEREBY ADVISED THAT SHOULD DEVELOPERS 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. EXHIBIT A Legal Description of the Property LOTS 25 AND 32, ENTZMINGER FARMS ADDITION NO. 2, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 5, PAGE 9, PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING AT THE POINT OF INTERSECTION OF THE NORTHERLY RIGHT-OF-WAY LINE OF STATE ROAD 419, (NEW SANFORD-OVIEDO ROAD, PER REFERENCED PLAT OF ENTZMINGER FARMS ADDITION NO. 2) AND THE WESTERLY LINE OF LOT 32 OF THE AFORESAID ENTZMINGER FARMS ADDITION NO, 2; THENCE N06°48'50"W, ALONG SAID WESTERLY LINE, A DISTANCE OF 178.55 FEET TO THE NORTHWEST CORNER OF THE AFORESAID LOT 32; SAID POINT ALSO BEING A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF THE ATLANTIC COAST LINE RAILROAD; THENCE S82"2656"E, ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE AND NORTHERLY LINE OF LOTS 32 AND 25, A DISTANCE OF 1,838.88 FEET TO THE NORTHEAST CORNER OF LOT 25; THENCE S07112'27"W, ALONG THE EASTERLY LINE OF LOT 25, A DISTANCE OF 26.03 FEET TO A POINT ON THE NORTHERLY RIGHT-OF- WAY LINE OF STATE ROAD 434 (LONGWOOD- OVIEDO ROAD, PER REFERENCED PLAT OF ENTZMINGER FARMS ADDITION NO, 2); THENCE, ALONG SAID NORTHERLY RIGHT-OF-WAY LINE OF STATE ROAD 434 AND AFORESAID STATE ROAD 419, THE FOLLOWING FOUR (4) COURSES; S82143'16"W, A DISTANCE OF 86.85 FEET TO A POINT ON A CURVE CONCAVE SOUTHERLY, HAVING A RADIUS OF 2737,83 FEET, A CHORD BEARING OF S79°57'47"W, A CHORD DISTANCE OF 231.49 FEET, AND A CENTRAL ANGLE OF 04°50'45"; THENCE, ALONG THE ARC OF SAID CURVE, A DISTANCE OF 231.55 FEET TO A POINT; THENCE S81 °06'41 "W, A DISTANCE OF 317.18 FEET TO A POINT ON A CURVE CONCAVE NORTHERLY, HAVING A RADIUS OF 1235.24 FEET, A CHORD BEARING OF N87°25'00"W, A CHORD DISTANCE OF 491.04 FEET, AND A CENTRAL ANGLE OF 22°55' 45'; THENCE, ALONG THE ARC OF SAID CURVE, A DISTANCE OF 494.33 FEET TO A POINT; THENCE N75°57'07"W, A DISTANCE OF 582.85 FEET TO A POINT ON A CURVE CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 3869.72 FEET, A CHORD BEARING 0 N76°49'37"W, A CHORD DISTANCE OF 118.16 FEET; AND A CENTRAL ANGLE OF 01 °44'59'; THENCE, ALONG THE ARC OF City of Winter Springs — Kado investments, LLC & Youdali international Investments, LLC & Kira Woods Development Agreement Page 12 of 14 Book 10756 Page 1387 Instrument# 2025003396 SAID CURVE, A DISTANCE OF 118.17 FEET TO THE POINT OF BEGINNING. SAID LANDS CONTAINING APPROXIMATELY 7.84 ACRES, OR 341,667 SQUARE FEET, MORE OR LESS. City of Winter Springs -- Kado Investments, LLC & Youdali International investments, LLC & Kira Woods Development Agreement Page 13 of 14 Book 10756 Page 1388 Instrument# 2025003396 EXHIBIT B Land Use Plan 3 SNULLVJIaI(]U{Y 71.IA d ii7! ,�)t ¢ipy� �Q Z4'74424:tU"I 1:1 tdA[V.I.4`47AIJl i'IVf7f1UL , ��:' 1 oa{ 6tdfl 'f` 1(i.IJUU'� 111:if `7114J' 111:.1:1,1(} +rwr� T✓ tA' lF � i " t Z� Y City of Winter Springs — Kado Investments, LLC & Youdali International Investments, LLC & Kira Woods Development Agreement Page 14 of 14