HomeMy WebLinkAboutBlue Orange Holdings, LLC (Chick-fil-a) - First Modification to Development Agreement - 2025 06 09Grant Maloy, Clerk Of The Circuit Court & Comptroller Seminole County, FL
Inst #2025056781 Book:10840 Page:1893-1905; (13 PAGES) RCD: 6/11/2025 1:38:05 PM
REC FEE $112.00
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
(407)425-9566
FIRST MODIFICATION TO DEVELOPMENT AGREEMENT
BLUE ORANGE HOLDINGS, LLC
(Chick-fil-a)
THIS FIRST MODIFICATION TO DEVELOPMENT AGREEMENT
("Agreement") is made and executed this day of -0 Y-�_Z , 2025, 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 BLUE ORANGE
HOLDINGS, LLC, a Florida limited liability company, ("Developer") whose address is 3440
Edgewater Drive, Orlando, FL 32804.
WITNESSETH:
WHEREAS, Blue Orange Holdings, LLC is the owner of approximately 2.3 acres, more
or less, of real property located in the W 1 Winter Springs tax district, generally located on the
Northwest corner of SR 434 and Michael Blake Boulevard, in Winter Springs, Seminole County,
Florida, more particularly described herein ("Property"); and
WHEREAS, Developer has applied for a Final Engineering/Site Plan Approval,
Aesthetic Plan Approval, and Waivers from the City Code in order to construct a Chick -fit -A fast
food restaurant with a double drive -through on the Property; and
WHEREAS, the Developer, along with EPB Engineering and Construction, LLC,
applied for final engineering plan approval and certain waivers to construct the Sutton Crossings
shopping center, which provided for the common infrastructure for the Property, including
stormwater drainage, utility stub -outs, and access; and
WHEREAS, the Developer desires to construct the Chick-fil-A fast food restaurant on
the Property as one of the individual sites in the Sutton Crossings shopping center, which is
intended to be constructed simultaneous with the overall Sutton Crossings shopping center and
infrastructure; and
DEVELOPMENT AGREEMENT
City of Winter Springs and Blue Orange Holdings LLC
Page 1 of 13
Book 10840 Page 1894
Instrument# 2025056781
WHEREAS, pursuant to Chapter 20 Zoning, Article 1I, Division 1, Section 20-29.1 of
the Winter Springs City Code ("City Code"), public Hearing Notices were mailed to all owners
of real property adjacent to and within approximately five -hundred (500) feet of the subject
property and all Homeowner's Associations on file within the City of Winter Springs on April
15, 2025, and a Community Workshop for the Project was held on October 15, 2024; and
WHEREAS, Section 20-29(c) of the City Code requires that all conditional uses, 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. The real property subject to this Agreement consists of tax parcel
identification numbers of 26-20-30-5AR-OA00-008D and 26-20-30-5AR-OA00-008H and is
legally described in EXHIBIT "A", attached hereto and fully incorporated herein by this
reference (the "Property").
4.0 Project Description and Requirements. Developer shall, at its expense,
design, permit and construct a 5,576-square foot quick service restaurant with a double drive -
through and associated parking on the Property (the "Restaurant"), located in the City of Winter
Springs Town Center. The supporting infrastructure shall be constructed in accordance with the
Sutton Crossings final engineering plans as approved in the original Development Agreement for
Sutton Crossings in a single phase and simultaneously with the Restaurant and associated
parking.
(Hereinafter the project description and requirements are referred to as the "Project").
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 No. FEDP-2024-0003
File No. WAI-2024-0001
DEVELOPMENT AGREEMENT
City of Winter Springs and Blue Orange Holdings LLC
Page 2 of 13
Book 10840 Page 1895
Instrument# 2025056781
File No. ARV-2024-0003
File No. DVAG-2024-0003
For convenience, a copy of the Overall Site Plan is attached hereto and fully incorporated herein
by this reference as EXHIBIT "B."
The City and Developer agree that the Winter Springs Comprehensive Plan, Multimodal
Transportation Element, Policy 1.11.3, requires the Developers of the Sutton Crossings project to
provide three (3) mobility credits based on the net, new average daily trip generation projected
for the Sutton Crossings project, as defined in the original Sutton Crossings Development
Agreement, including the Restaurant. In addition, the City and Developer agree that the Winter
Springs Comprehensive Plan, Multimodal Transportation Element, Policy 1.11.6, requires new
development, regardless of size, to provide operational improvements to the City's transportation
system to mitigate their impacts on the system, to ensure smooth traffic flow, and to aid in the
elimination of hazards, which may include contributions to the City's multimodal system. The
Developer has elected to provide a bike rack as a multimodal improvement to satisfy one of the
required mobility credits in accordance with the above -referenced Policies.
Specific conditions of approval for the above -referenced Plans and Waivers include the
following, which are also addressed in the staff report for the Final Engineering/Site Plans,
Aesthetic Plans, and Waivers:
1. Approval of the Project is conditioned upon and contingent upon approval of the
Sutton Crossings final engineering plans, which provide for access, utilities, and
stormwater drainage to the subject site.
2. A small wetland exists on site. Prior to the issuance of a Building Permit, a St.
Johns River Water Management District Environmental Resource Permit
regarding this wetland shall be provided.
3. An Economic Impact Analysis Report as required by the Town Center Design
standards shall be reviewed and approved prior to the project being heard before
the City Commission.
4. The FDOT-approved Access Connection Permit shall be provided prior to the
issuance of a Building Permit.
5. Prior to the issuance of a Building Permit, please provide a hydrant flow test in
accordance with NFPA 291. This test shall be within the last 12 months.
A minimum of 65 parking spaces, including 3 ADA compliant spaces, shall be
provided for the Restaurant with proposed interior seating of 64. This number has
been determined as ample parking.
7. All grass areas on the Property shall use Bahia grass. No St. Augustine grass or
grass types with low drought tolerance shall be permitted.
DEVELOPMENT AGREEMENT
City of Winter Springs and Blue Orange Holdings LLC
Page 3 of 13
Book 10840 Page 1896
Instrument# 2025056781
5.0 Future Permitting. 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. 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 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.
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 in the Public Records of Seminole County, Florida by the City. The Developer shall be
responsible for all recording fees associated with this Agreement.
DEVELOPMENT AGREEMENT
City of Winter Springs and Blue Orange Holdings LLC
Page 4 of 13
Book 10840 Page 1897
Instrument# 2025056781
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 Sovereit4n 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. 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 and Enforcement. 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. The failure to timely
comply with any mandatory condition of this Agreement shall further constitute a violation of the
City's Code of Ordinances and shall be subject to enforcement action as described therein
including, but not limited to, enforcement before the City's Code Enforcement Board under
Chapter 2, Article III, Division 2. — Code Enforcement.
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
DEVELOPMENT AGREEMENT
City of Winter Springs and Blue Orange Holdings LLC
Page 5 of 13
Book 10840 Page 1898
Instrument# 2025056781
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, 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 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 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 reasonable 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
DEVELOPMENT AGREEMENT
City of Winter Springs and Blue Orange Holdings LLC
Page 6 of 13
Book 10840 Page 1899
Instrument# 2025056781
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.
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:
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.
111 N. Orange Avenue, Suite 2000
Orlando, FL 32802
For Developer:
Blue Orange Holdings, LLC
Attn: John W. McMillan, Jr.
3440 Edgewater Drive
Orlando, Florida 32804
Phone: (407) 509-7098
Email: wessmcmillan@centralfloridaace.com
With additional notice to:
Nick Asma, Esquire
Asma & Asma, P.A.
886 South Dillard Street
Winter Garden, Florida 34787
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, Developer shall not assign this Agreement without the prior written
DEVELOPMENT AGREEMENT
City of Winter Springs and Blue Orange Holdings LLC
Page 7 of 13
Book 10840 Page 1900
Instrument# 2025056781
consent of the City which consent shall not be unreasonably withheld, conditioned or delayed. .
Such assignment shall 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,
Developer shall be entitled to assign its rights and obligations under this Agreement to a parent,
subsidiary, or affiliated entity in which Developer or its members are members or interest
holders without City consent, provided that the City is given notice of such assignment in
accordance with Section 26.0 herein. Any assignment authorized by this subparagraph shall
require the assignee to be a formal signatory to this Agreement and fully assume all of
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.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seal on the
date first above written.
ATTEST:
Al
By:
Christian Gowan, City Cleric
CITY SEAL
CITY OF WINTER SPRINGS
By. t
Kevin McCann, Mayor
APPROVED AS TO FORM AND LEGALITY
For the use and reliance of the City of Winter Springs,
Florida only.
_ /? b
Date:
Anthony A. Garganese, City Attorney for
the City of Winter Springs, Florida
DEVELOPMENT AGREEMENT
City of Winter Springs and Blue Orange Holdings LLC
Page 8 of 13
Book1OD4O Page 1901
|notrumanb#2O25O5G7D1
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P00*04 IV
eRecorded Document
Received Illegible
Book 10840 Page 1902
Instrument# 2025056781
APPROVALS REFERENCED HEREUNDER, SHALL AUTOMATICALLY BE
DEEMED NULL AND VOID.
DEVELOPMENT AGREEMENT
City of Winter Springs and Blue Orange Holdings LLC
Page 10 of 13
Book 10840 Page 1903
Instrument# 2025056781
PROPERTY LEGAL DESCRIPTION
Parcel Identification Numbers: 26-20-30-5AR-OA00-008D and 26-20-30-5AR-OA00-008H (Blue
Orange Property)
THAT PAW11' OF LOT 8 BLOCK "A", OF Tt.JSKA%,Ntl1,1,A, ACCORDIN(y TO THE PLAT OF
MITCHELL'S SURVEY OF' THE LEVY GRANT AS RECORDED IN PLAT BOOK 1, PAGE 5 oil
THE PUBLIC RECORDS OF SEM)NOLF COUNTY, FLORIDA BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS_
C01'91IMI�NCL ATIIAE SOUTHWESTEMN MOST CORNER OF 1-(YF 11 ST. JOHNS LANDING
AS RECORDED IN PLAT BOOK 53, PAGES 45 THRU 49 OF SAID PUBLIC RECORDS, SAID
POINT BEINQ A RECOVI-7%RED CONCR 7 - E EA T LY REGIIT OF
ETF MONUMENT ON T11 S ER
WAY LINE OFTUSKAWILLA ROAD (FORNILRLY WtANTLLY AS RL---CORDEL) IN, OFI:ICIAL
RECORDS BOOK 3225, PAGE 1,929 OF 15ATD PUBLIC RTCORDS; THENCE, RUN NORTH
59911S" WE ST ALONO THE WFSTR.RLY`PROF ON0ATION OF THE SOUTIILINE OF SAID
L.01'31 FOR A DISTANCE OF 15,00 FEET, THENCE. RUN SOUTH 30'104'55" WEST ALONG
SAID EASTERLY RIGHT OF WAY LINE FOR A DISTANCE OF 5.00 m�E'r; THENCH.-
CONITINUESOU-114 30L'04'55" WESTA 0135,00 FEiFT;THFN �-, CE SOUTH 59031'38"
EAST, A DISTANCE OF 1132,34 F EETTO THE POINT OF CURVATURE OF A CURVE To THE
RIGHTIHAVUNG A R ADWS OF 150.00 F Klr; THENCE It UN $001-H RAST-*,R).,Y ALON13 THE
ARC OF SAID CURVE THROUGH A CENTRAL, ANGLE AT 60"36'00' FOR AN ARC
DISTANCE OF 158.65 FEM'TO THE- POlNT OF TANCirENCY, THENCE, SO1<t'04 01"04"22"
WEST A DISTANCE OF 146-91 FEET,, THENCE SOUTH 24"5941 "WEST, A DISTANCE OF
31832 FEET; THENCE SOUTH 00'N'00" EAST A DISTANCE OF 115.48 FEET, THE�NCF,
201. TH 3(fq55'2lm EAST A DI'STANCE, OF 217.54 FFFT;THENCE SOUTH 15119'53" EAST A
DfSTA-NCF, OF 140,49 FEET; Tfl1-7,NCE SOUTH. 0�'23'00 WEST A DISTANCE OF 556.34 FEET;
THENCE SOUTH 07025'15 " WEST A DI STANCE 01, 272.61 FEET; TI IENICE SOUTI 1 293(1'tt9'-
WEST A DISTANCE OF PEET; Tf-IENCE SOUTH 50'31'58" WEST A DISTANCE OF
1475.69 FEET TO THE- NORTHEASTERLY RIGHT OF WAY LINES OF STATE, ROAD 434
ACCORDINOTO FLORIDA 1)11,PAWI*MENI"Oi"l,RANSPOR.*rATION RIGHT OF WAY MAP
SECTION 77070-2516; TI-I ENCE CONTINUE SOUTI-1 59'3158" WEST FOR A DISTANCE Or,
143,34 FEET TO A FOUND 1/2" ]RON ROD & CAP (1.136723) ON THE SOUTHWESTERLY
Kl.(jH'r OF WAY LINE 01? SAID 811AIT' ROAD 4.14; THENCE ALONG SAID
SOUTTI WESTERLY RIGHT OF WAY NORTH 39"47'08 "WEST, 741.99 FEET TOTHE POrNTOF
BEGINNING; TI-IENCE DEPARTING SAID SOUT14WESTERLY RIG11T OF WAY SOUTH
5(r2T25"WRST, 15371 FEET TO A SF-11'518- IRON ROD & CAP (LB 8071); THENCE SOUTH
49013'20"WP-ST, 22.84 FEET TO A SET 518" IRON ROD & CAP (LB 8011) ON A CURVE
CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 1.7000 FEET, A CENTRAL ANGLE.
OF 216-13'57", AND A CHORD BEARING AND DISTANCE OF SOLn'R 68-52'35"W�-'ST, 63.61
FELT; -rRENCE SOUTHWESrEP-LY ALONG,rHIEE ARC OF SAID CURVE, A DJSTANCT-, OF
0,99 FEETTO A St.-,r 518" IRON ROD & CAP (La 9071) ON THE NVE.-.57ERLY RIGITF OF WAY
OF C.SX TRANSPORTATION., INC "LAKE CHARM BRANCH" I;bVL CORPJDOR; SAID
K)INT BEWC3 ON A NON-TANG8NTCCU RVF CONCAVE EAs,rERLY HAVING A RADIUS OF
2707.33 FEET, A CENTRAL ANGLE OF H-28'47% AND A C-11K)RD REAR INC, AND DISTAN01-,
OF SOUTH 01 r'55126"EAST, 31,104 FEET, THENCE souTHEAS'ItERLY ALONG THE ARC OF
SAID CURVE, AND SAID WE.STERLY Ri(--,H'r 01, WAY, A DISTANCE, OF 31,04 FEET TO A
FOUND 4"X4" CONCRETE MC)NUNIENT (LB 220) ON THE EASTERLY EXTENSION OF THE
DEVELOPMENT AGREEMENT
City of Winter Springs and Blue Orange Holdings LLC
Page 11 of 13
Book 10840 Page 1904
Instrument# 2025056781
NORTH LINE OF LOT17 OF SAID PLAT OF D.R. MITCHELUS SURVEY OF LEVY GRANT;
THENCE DEPAR,rING SAID WESTERLY WIGHT OF WAY, ALONG SAlD EASTERLY
EXTENSION OF NORTA LINE, NORTH 87-52'13 " WEST, 143,10 FLIETTO A POINT ON 'rnE
EASTERLY RIGI IT 01' WAY OF A 30 FOOT ROAD AS St 10 WN ON SAID PLAT 01' D.R.
NUTCH81LUS SURVEY OF LEVY GRANT, THENCE R:),E?AwrINQ SAID EASTRRI,Y
FXTENSION OF THE NORTH LINE, ALONG SAID EASTERLY RIGHT OF WAY, NORTH
112-44-06"EAST, 510-43 FEET TO A POINT ON THE NOW-11-1-ERLY OF WAY OF A 30
FOOTROAD AS SHOWN ON SAID PLAT OF D,R, MITCHELL'S SURVEY OF LEWY GRANT;
THENCE DEPARTING SAID HIVSTE:RLY Itmaji- OF WAY, ALONG SAID NORTHERLY
RIORT OF WAY, NORTH 87"5641 "WEST, 21.83 FEET TO T] IE EASTERLY BO'UNDARY 0y
LANDS DESCRIBED IN OFFICIAL XECORDS 1300K 2t-52, PAGE 533 OF THE PUBLIC
RECORDS OF SFMINOLE COUKrY, FLORIDA; TFIENCE DEPARTING SAID NORTHERLY
RIGIFT OF WAY., ALONG SAID EAS*I-ERLY BOUNDARY, NORTH 02"0T02"FA9T, 65,81 FEET
TO A RIGHT OF WAY OF AFORESAID STATE, ROAD
434;, THENCE DEPARTING SAID EASTERLY BOUNDARV, ALONG I'Ftjp--, SAID
SOUTIINVESI'ERLY RIGHT OF 'WAY THE FOLLOW2�111REE' (3) COURSES. 1) THENCE
SOUTH 40".1745"FAST, -22463 FEET TO THE BEGINNING OF A NON TANGENT CURVE
CONCAVE EASTERLY, HAVR`10 A RADIUS OF _M7_33 FEET, A CENTRAL ANOLF OF
i007I'00", AND A CHORD BEARING AND DISTANCE OF SOUTIT 06-3729"WEST, 19.42
FEET; 2) THENCE SOUTIIERLY ALONG TIAE ARC 01F SAID CURVE, A DISTANCE OF 19A2
vL,t-,,-r,rOTHfEND OF SAID CURVE, 3) THENCE S.3914708"E., 293,27 FEET TO TIIE POINT
OF BEGINNTNG.
LESS (OFFICIAL RECORDS 1300K 8943, PACE, 8771:
A PORTION LOT 8, BLOCK A,.D-R. MITCHELL'S SURVRY OF THE v S
_ LE Y GRA-m A
RECORDED IN PLAT BOOK 1, PAGE 5 OF THE PUBLIC RECORDS OF SEMINOLE COUNTY,
FLORIDA, LYING IN SECTION 6, TOWNSHIP 21 %OUJ'R, RANGE 31 EAST BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORT) IWEST CORNER OF TT-W RESERVE ATTUSCANVILLA PHASE
11, AS RECORDED IN PLAT BOOK 50, PAGES 3 THROUGH 9 OF 11 IEPUBLIC RE, CORDS OF
SEMINOLE COUNTY, FLORIDA; THENCE RUN SOUTIA 00-45-33" FAST ALONCT Ti. IF,
WESTFRLY L)NF OF SAID RESbRVb IVI''FUSCAWILI-L.A, PHASE 11, ALSO BEINcl THE
EAST LINE OF BLOCK A, GAR DENA FARMS TOWN SITES, AS RECORDED IN PLAT BOOK
6, PAGE 39. OF THE SAID PUBLIC RF-CORDS OF SEM INOLF COUNTY, FLORIDA, FOR A
DISTANCE OF 810.29 FrrTr TO A, MINT ON THE NORTHEASTERLY R.IGIIT OF WAY LINE
OF RAILS TO TRAILS AS RECORDED IN OFFICIAL RECORDS BOOK 3177, PAGE 632 017
SAID PLJBIIlC RECORDS; THENLCE DEPARTING SAID WEST LINE AND %A1D` EA17 LINE,
RUN NORTH 55028'13"WE5TALONGSAIIJ NORTREASTERLY RIGHT OF WAY LINT;,, FOR
A DISTANCE OF 593.50 FEET TO THE SOUTHEAST CORNE,11 OF BLOCK C, OF SAID
GARDENA FARMS TOWN sp,Es;,rHF_NcE coN-TINUE NORTH 55128'13" NXEST, ALONG
SAID NORTHEASTERLY RIGHT OF WAY LINE, FOR A DISTPkNCE OF: mlfl,00 FFFTTO A
PO NiT ON A NON -TANGENT CURVE, CONCAVE NORTHEA.8 TFRLY, R'VING A RADIUS
OF 1815.35 FEET, A CHORD BEARING OF, NORTH 39-53-20" WEST AND A CHORD
DISTANCE OF 974,43 FEET'; THFNLCE RLFN NORTHWFSTERLY ALONGTHE ARC OF SAID
CURVE, AND SAID NORTHEASTERLY RIGHTOF WAY LINE, THROUGH A CIENTRAL
DEVELOPMENT AGREEMENT
City of Winter Springs and Blue Orange Holdings LLC
Page 12 of 13
Book 10840 Page 1905
Instrument# 2025056781
EXHIBIT B
OVERALL SITE PLAN
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DEVELOPMENT AGREEMENT
City of Winter Springs and Blue Orange Holdings LLC
Page 13 of 13