HomeMy WebLinkAboutBlue Orange Holdings, LLC and EPB Engineering & Construstion, PLLC (Sutton Crossings Shopping Center) - Development Agreement - 2025 06 09Grant Maloy, Clerk Of The Circuit Court & Comptroller Seminole County, FL
Inst #2025056782 Book:10840 Page:1906-1924; (19 PAGES) RCD: 6/11/2025 1:38:07 PM
REC FEE $163.00
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
DEVELOPMENT AGREEMENT
EPB ENGINEERING & CONSTRUCTION, PLLC
AND
BLUE ORANGE HOLDINGS, LLC
(Sutton Crossings Shopping Center)
THIS DEVELOPMENT AGREEMENT ("Agreement") is made and executed this
day of .,�1 L vu, , 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 EPB ENGINEERING & CONSTRUCTION, PLLC, a Florida limited
liability company, whose address is 3440 Edgewater Drive, Orlando, FL 32804; and BLUE
ORANGE HOLDINGS, LLC, a Florida limited liability company, whose address is 3440
Edgewater Drive, Orlando, FL 32804 (hereinafter collectively referred to as "Developer").
WITNESSETH:
WHEREAS, EPB Engineering & Construction, PLLC is the owner of approximately
3.58 acres, more or less, of real property located in the W1 Winter Springs tax district, generally
located on the Northeast corner of Tuslcawilla Road and Michael Blake Boulevard, in Winter
Springs, Seminole County, Florida, more particularly described herein ("EPB Property"); and
WHEREAS, Blue Orange Holdings, LLC is the owner of approximately 2.3 acres, more
or less, of real property located in the Wl 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 ("Blue Orange Property"); and
WHEREAS, Developer has applied for a Final Engineering/Site Plan Approval,
Waivers, and Specimen Tree Removal from the City Code in order to construct the common
DEVELOPMENT AGREEMENT
City of Winter Springs and EPB Engineering & Construction, PLLC and Blue Orange Holdings LLC
Page 1 of 19
Book 10840 Page 1907
Instrument# 2025056782
infrastructure for the Sutton Crossings shopping center plaza as well as a hardware store with
three attached tenant suites on one portion of the Property; and
WHEREAS, pursuant to Chapter 20 Zoning, Article II, 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 25, 2023; 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 patties 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 01-21-30-501-0000-0010; 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 (collectively the "Property").
4.0 Project Description and Requirements. Developer shall, at its expense,
design, permit and construct a hardware store with three (3) additional tenant spaces totaling +-
23,517 square feet (including the garden center of the hardware store) (the "Hardware Store
Building") as well as all common infrastructure for a multiple -lot shopping center on the
Property, located in the City of Winter Springs Town Center. The building shell (including the
structure, fagade and roofing) for the Hardware Store Building and supporting infrastructure for
the entire shopping center shall be constructed in a single phase.
(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, 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-2024-0005
DEVELOPMENT AGREEMENT
City of Winter Springs and EPB Engineering & Construction, PLLC and Blue Orange Holdings LLC
Page 2 of 19
Book 10840 Page 1908
Instrument# 2025056782
File No. WAIV-2024-0002
File No. AR20221
File No. DVAG-2024-0002
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 Developer to provide three (3)
mobility credits based on the net, new average daily trip generation projected for the Project. 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 the
following multimodal improvements to satisfy the above -referenced Policies: (1) a bike rack
located at the Hardware Store Building; (2) a bike rack located at the Chick-fil-A quick serve
restaurant (which shall be provided by the Chick-fil-A Developer as provided in the First
Modification to this Agreement); (3) internal interconnectivity between the Hardware Store
Building and the Chick-fil-A quick serve restaurant; and (4) the sidewalk installation along north
side of Michael Blake Boulevard at the intersection of Tuskawilla Boulevard.
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, Waivers:
A. Proposed uses for the additional tenant spaces will be a permitted use in the T-5
Town Center Transect or shall receive a Conditional Use approval from the City
Commission.
B. Approval of both the St. Johns River Water Management District Environmental
Resource Permit for the Project as well as the City's Environmental Resource Permit
application No. 148395-4 to repair and make improvements to the Tuskawilla Crossings
pond, including accommodating the Sutton Crossings Project, shall be required prior to
commencement of site clearing and construction.
C. Prior to final plat approval, the applicant/owners shall record covenants and
restrictions for the property owner's association that will be responsible for perpetual
maintenance of the common infrastructure for the Sutton Crossings shopping center. The
owner shall include a provision in the covenants and restrictions acknowledging and
advising that the parking lot may flood and serve as a retention area for water
impoundment during both the 25year/24hour and 100year/24hour storm events but in any
event the City of Winter Springs may not use the Property for water retention from real
I Previously approved by the City Commission on April 24, 2023.
DEVELOPMENT AGREEMENT
City of Winter Springs and EPB Engineering & Construction, PLLC and Blue Orange Holdings LLC
Page 3 of 19
Book 10840 Page 1909
Instrument# 2025056782
property other than the Property. The covenants and restrictions shall contain a release,
hold harmless, and indemnification provision for all claims related to flooding of the
parking area as a result of the design of the approved engineering plans against the City
of Winter Springs.
D. An Economic Impact Analysis Report as required by the Town Center Design
standards shall be reviewed and approved by staff prior to being heard before the City
Commission.
E. The applicant shall be required to revise the final engineering plans to remove the
drive -through land and window for Retail Suite C and continue the streetscape for
Michael Blake Boulevard.
F. Project approval is contingent upon the City Commission's approval of the right-
of-way vacation, the application for which has been previously submitted by Developer.
G. The applicant shall be required to pay ($52,800) for removal of trees 4" DBH — 9"
DBH, and 89 mitigation credits ($26,700) for removal of trees 10" DBH and greater,
excluding the specimen tree(s), prior to the issuance of the tree removal and land clearing
permit.
H. The applicant shall be required to pay 8 mitigation credits ($2,400) for removal of
the specimen tree, prior to the issuance of the tree removal and land clearing permit.
I. There shall be no retail sales of alcohol and 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 shall use Bahia grass. No St. Augustine grass or
grass types with low drought tolerance shall be permitted.
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 three (3) 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
DEVELOPMENT AGREEMENT
City of Winter Springs and EPB Engineering & Construction, PLLC and Blue Orange Holdings LLC
Page 4 of 19
Book 10840 Page 1910
Instrument# 2025056782
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.
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
patties, 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
DEVELOPMENT AGREEMENT
City of Winter Springs and EPB Engineering & Construction, PLLC and Blue Orange Holdings LLC
Page 5 of 19
Book 10840 Page 1911
Instrument# 2025056782
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 Ill, 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
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.
DEVELOPMENT AGREEMENT
City of Winter Springs and EPB Engineering & Construction, PLLC and Blue Orange Holdings LLC
Page 6 of 19
Book 10840 Page 1912
Instrument# 2025056782
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
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
DEVELOPMENT AGREEMENT
City of Winter Springs and EPB Engineering & Construction, PLLC and Blue Orange Holdings LLC
Page 7 of 19
Book 10840 Page 1913
Instrument# 2025056782
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:
EPB Engineering & Construction, PLLC
Attn: John W. McMillan, Jr.
3440 Edgewater Drive
Orlando, Florida 32804
Phone: (407) 509-7098
Email: wessmcmillan@centralfloridaace.com
Blue Orange Holdings, LLC
Attn: John W. McMillan, Jr.
3440 Edgewater Drive
Orlando, Florida 32804
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 Assil4nment. 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
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
DEVELOPMENT AGREEMENT
City of Winter Springs and EPB Engineering & Construction, PLLC and Blue Orange Holdings LLC
Page 8 of 19
Book 10840 Page 1914
Instrument# 2025056782
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:
By:
Christian Gowan, City Clerk
CITY SEAL
�s
h9�
CITY OF WINTER SPRINGS
y:
Kevin McCann, Mayor
APPROVED AS TO FORM AND LEGALITY
For the use and reliance of the City of Winter Springs,
Florida only.
Date:. �l
Bj
y. v.
Anthon A. Garganese, City Attorney for
the City of Winter Springs, Florida
DEVELOPMENT AGREEMENT
City of Winter Springs and EPB Engineering & Construction, PLLC and Blue Orange Holdings LLC
Page 9 of 19
Book 10840 Page 1915
Instrument# 2025056782
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Instrument# 2025056782
APPROVALS REFERENCED HEREUNDER, SHALL AUTOMATICALLY BE
DEEMED NULL AND VOID.
DEVELOPMENT AGREEMENT
City of Winter Springs and EPB Engineering & Construction, PLLC and Blue Orange Holdings LLC
Page 12 of 19
Book 10840 Page 1918
Instrument# 2025056782
Prepared by & Return to:
Nick Asma, Esq.
ASMA & ASMA PA
886 S Dillard Street
Winter Garden Florida 34787
JOINDER AND CONSENT OF MORTGAGEE
TO THE PLAT OF SUTTON CROSSINGS
PATTI ANN SCHOEN ("Mortgagee") wliose address is 21 Woodclyffe Rd. Hurricane
WV 25526 hereby certifies that she is the holder of that certain Mortgage and Security Agreement
dated July 26, 2023, and recorded in O.R. Book 10482, Pages 605-615, Public Records of Seminole
County, Florida, which encumbers the real property located in Seminole County, Florida, snore
frilly described in Exhibit "A" attached hereto and incorporated herein by reference (the
"Property"). Pursuant to Section 177.081, Florida Statutes, Mortgagee hereby consents to,
ratifies and joins in the Plat bearing the name of SUTTON CROSSINGS to be recorded in the
Public Records of Seminole County, Florida (the "Plat"), and in the submission of the Property
to the Plat, and expressly ratifies, joins in, and consents to, all dedications, reservations,
easements, restrictions, and other matters effected by or reflected on the Plat. This Joinder and
Consent does not release any Property from the lien and effect of the Mortgage, and does not
otherwise amend or alter the Mortgage.
IN WITNESS WHEREOF, Mortgagee has executed and delivered this Joinder and
Consent of Mortgagee through its duly authorized representative as of this I-/o day of
2025.
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Book 10840 Page 1919
Instrument# 2025056782
Signed, sealed and delivered
in the presence of.
A&�L ()
Witne s Print Name: Q
Witness Address: ISSr I My0l
SLA\:� 1 v u Chan Last- n,
i ess Print Name:
Witness Address:
IA)V
STATE OF WEST VIRGINIA
COUNTY OF KANAWHA
Patti Ann SchJen
The foregoing instrument was acknowledged before me by means of [X] physical
presence or [ ] online notarization this day of January, 2025, by Patti Ann Schoen, who
[X] is personally known to me, or [ ] has produced a
as identification, regarding the attached
instrument described as JOINDER AND CONSENT OF MORTGAGEE TO THE PLAT OF
SUTTON CROSSINGS and to whose signature this notarization applies.
Signature of Notary Public, State of West Virginia
Print name: Virginia S. Willard
My Commission Expires: October 16, 2027
AFFIX NOTARY SEAL/STAMP
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NOTARY PUBUC
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Virg►n►a S Willard
2W gmlr� Road, St AlbM WV 25177
My Commssixi bqp ms October 16, 2027
Book 10840 Page 1920
Instrument# 2025056782
PROPERTY LEGAL DESCRIPTION
Parcel Identification Number: 01-21-30-501-0000-0010 (EPB Property)
Lots t and 2 and that part of Lots 3 and 4 East of Goldenrod Road, TUSKAWILLA, D.R.
MITCHELL'S SURVEY OF THE LEVY GRANT, according to the map or plat thereof as recorded
in Plat Boole 1, Page 5, Public Records of Senvnole County, Florida.
TOGETI FR WITH: The North Half (1t2) of the vacated right-of-way adjacent on the South, as
described in Resolution recorded in O.R. Book 1050, Page 401, Public Records of Seminole County,
Florida.
LESS AND EXCEPT: Those portions taken in Warranty Deed recorded in O.R. Book 2449, Page
489, and Order of 'faking recorded In 0,11, Boole 3326, Page 1162, Public Records of Seminole
County, Florida.
(legal description continued on following pages)
DEVELOPMENT AGREEMENT
City of Winter Springs and EPB Engineering & Construction, PLLC and Blue Orange Holdings LLC
Page 15 of 19
Book 10840 Page 1921
Instrument# 2025056782
Parcel Identification Numbers: 26-20-30-5AR-OA00-008D and 26-20-30-5AR-OA00-008H (Blue
Orange Property)
THAT PARTOr LOT 8 BLOCK "A", OF TIJ!KAWIIA-A, ACCORMNO TO THE PLAT OF
MITCHELL'S SURVEY OF THE LEVY GRANT AS RECORDED IN PLAT BOOK 1, PAGE 5 OF
THE PUBLIC RECORDS OF SEMINOL-E COUNTY, FLORIDA BEING MORE. PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCL AT TAT 4SOUTHWE'-ISTEMN MOST CORNER OF LOT 31 ST, JOHNS LANDING
AS .,CORDED IN PLAT BOOK 53, PAGES 45 THRU 49 OF SAID PUBLIC RECORDS, SAID
POINT BEING A RECOVERED CONCRETE MONUMENT ON THE EASTERLY RIGHT OF
WAY LINE OF TUSKAWILLA ROAD (FORNIL11LY BRANTLLY AS RECORDE-E) IN OFFICIAL
RECORDS BOOK 3225, PAGE 1929 OF SAID Puni-ic RECORDS; THENCE RUN NORTH
5()51138" WF.%TA1,,,ON1(7r THE WFSTI;,'RI,Y PROLONGATION OF TIiF. SOUTH LINE OF SAID
LOT 31 FOR A DISTANCE OF 15,430 FEET; THENCE RUN SOUTH 31r04'55" WEST ALONG
SAID EASTERLY RIGHT OF WAY LINE FOR A DIS-TANCE OF 5.00 FEET; THENCL
CONTINUE SOUTH 30`04'55" WLSTA DISrANCF. OF 35,00 F,PET;,rHFNCF-. SOUTH 5991'38"
EAST, A DISTANCE OF 1132,34 FEET TO THE POINT OF CURVATURE OF CURVE TO THE
RIGHT HAVING A RADIIIJS Or-, 150.00 FEET'; THENCE R(J-N h0tj*j-HI-',A-8TF-,Rl,-Y ALONG TH. E
ARC, OF SAID CURVE THROUGH A CENTRAL ANGLE AT 60036'00' FOR AN ARC
DISTANCE OF 15S,65 FEETTO THE POINT' OFTANOTENCY; THENC14,, SOUTH 01"04`22"
WEST A DISTANCE OF 146.91 FEET,, THENCE SOUTH 24159'41 "WEST, A DISTANCE OF
318,72 FEET; THENCE, SOUTH N'00'00" LAST A DISTANCE 01115AS THENCE
SOUTH W5521" EASTA DISTANCE, OV'217,54 FEE`CE F;,rfiFNSOUTH 15919'53" EAST A
DISTANCE OF 10,49 FEET,, THENCE SOtM-1 02r`2TH WEST A DISTANCE OF- 55634 FEET:
THENCE, SOUTH 07'2-5'15" )YEST A DISTANCE 01, 272,61 FEET, THENCE SOUTH 2913m"
WEST A DISTANCE OF 231.32 FEET; THENCE SOUTH 50'31'58" Wj�-,i,r A DISTANCE OF
1475.69 FEET TO 1-1-iE NORTHEASTERLY RIGHT OF WAY LINE OF STATE ROAD 434
ACCORDINUTO FLORIDA !)J-1,PAWFMF.N]'()F'I'R-AN'-;POR:FATION- RIGHT OF WAY MAP
SECTION 77070-2516; TH ENCE CONTINUE SOUTH 5OP3 158" WEST FOR A DISTANCE OF
143,34 FEET TO A FOUND P2" IRON ROD & CAP (LB6723) ON THE SOUTHWESTERLY
RIGHT OF NVAY JANIF, OF 8A.10 STAIT ROAD 434; 'IHENCE ALONG SAID
SOUTTIWE,STE.'RLYRIGHT OF'WAY NOWPH 39k'4T08`WEST,741.99 FEET TO THE POINT OF
BEGINNING; THENCE DEPARTING SAID SOUTHWESTERLY RIGHT OF WAY SOUTH
5(P22-25"WFST, 153.21 FEET110 A SET 518- IRON ROD&F, CAP (LB 8071): THENCE SOUTH
4993`20"WEST, 212.84 FEET TO A S,13T Stg" IRON ROD & CAP (LB 8071) ON A CURVT----
CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 170,00 FEET, A CENTRAL ANGLE
OF 21`13'57`, AND A CHORD BE-AkING AND DISTANCE OF SOUTH 6H-52'35'-%VE%r1-, 63,61
1 EE17., THENCE SOU`I"1-1WES,rER , LY ALONGTHE ARC OF SAID CURVE, A DISTANCE OF
03,99 FEET TO A SIFT 518" IRON ROD & CAP LB 807 1) ON THE N,VTI�TERLY RIGITF OF WAY
OF C,S,X TRANSPORTATION,, INC "LAKE CHARM BRANCH" ToJL CORRIDOR; SAID
POINT BEINO ON A NON-TANCENT CURVE CONCAVE EASTERLY HAVING A RADIUS OF
3707.33 FEET, A CENTRAL ANGLE OF H-28'47--, AND A CHORD REARTNO AND DIS�TANC.b
OF SOUTH 01*5576"EAST, 31,04 FEET; THENCE SOUTHEASTERLY ALONG THE ARC OF
,IA,11) CURVF, AND SA I D WF,5TFJU,Y RI(jHT OF WAY, A DISTANCE OF 31 -04 FEET TO A
FOUND 4`X4" CONCRY-TE MONUMENT (LB 220) ON THE EASTERLY EXTENSION OF THE
DEVELOPMENT AGREEMENT
City of Winter Springs and EP13 Engineering & Construction, PLLC and Blue Orange Holdings LLC
Page 16 of 19
Book 10840 Page 1922
Instrument# 2025056782
NORTH LINE OF LOT 17 OF SAID PLAT OF D.R. MITCHELUS SURVEY OF LEVY GRANT;
,THENCE DEPARTING SAID WES'IK(tIY RIGHT OF W,-'M ALONG SAID EASTERLY
EXTENSION OF NORTH LINE, NORTH 87-52'13" Wr--- ', 143,10 PEETTO A POINT ONTI-112.
EASTERLY RIGI IT OF WAY OF A 30 FOOT ROAD AS SHOWN ON, SAID PLAT OF D.R.
MITCIAELUS SURVEY CI V LEVY GRANT; TFIENCE DEPARTING SAID EASTERLY
F)(TFNSION OF THE NORTH LINE, ALONG SAID EASTERLY RIGHT OF WAY, NOkT[-[
02-44'06"EAST, 510-43 FEL-17 TO A POINT ON. THE NORTHERLY RICHT OF WAY OF A 30
FOO'l.'ROAD AS SHOWN ON SAID PLAT OFD.R. MITC-BELL'S SURVEY OF LEVY GRANT;
TRE`NCE DPPARTMIG SAID IyAST1�RLY R!Oil-11- OF WAY, ALONG SAID NORTHERLY
RK7,1-I.-F OF WAY, NORTH 87.56-41 "WEST, 2L83FEET TO THE EASTE-ny gouNPDAt-ty OF
LANDS D17SCRIBED IN OFFICIAL RECORDS 1300K 2152, PACrF 533 OF THE PUBLIC
RECORDSOF SEMINO I -XI COUNTY, FLORIDA; THENCE DEPAMING SAID NOEUI'HERI.Y
RJ(-jll'f' OF WAY, ALONG SAID 8AS17ERLY BOUNDARY, NORTH 4r-'03'02"1 rAST, 65,81 FEET
TO A POINT ON 'FHE SOUTHWESTERLY RIGHT OF WAY OF AFORESAID STATE ROAD
434; THENCE DEPARTFNG SAID EASTERLY BOLTNDAWv, ALONG THE SAID
SOUTHWESTERLY RIGHT OF WAY TESL FOLLOWS (3) COURSES: I) 'MENCE
SOUTH 40'37'45"FAST, 2211,63 FEET TO TBE BEGINNING OF A NON -TANGENT CURVE,.
S
CONCAVE EASTERLY., HAVING A RADIUS OF 3707-33 VE-L--I't A CENTRAL ANOI-F OF
WOMM)", AND A ("HOR.D MAKING AND DISTANCE OF SOUTH 06037129'WEST, t9.42
FEET; 2) THENCE SOUTHERLY ALONGTUE Ak1(,'0V -'-,All) CURVE, A 1318"J"ANCE OF 19,42
FLETTO HE END OF SAID CURVE, 3) THENCE S.390,4708"E,, 293,27 FEET TO THE POINT
OF BEGINNMG,
LESS (OFFICLOLL RECOkDS BOOK 894.3, PAOE 87T),
A PORTION LOT 8, BLOCK A, D-R. MITCHELL'S SURVRY OP THE LEVY GRANT, AS
RECORDPO IN PLAT BOOK 1, PAGE 5 OF THE PUBLIC RECORDS OF SENUNC)LE COTJNTY,
FLORIDA, LYING IN SECTION 6, TOWNSHfP 21 SOUTH, RANGE 31 EAST MING N'IORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTI (WEST CORNER OF ME RfISERVIE ATTUSCAW`JLLA PI -LASE
11, AS RECORDED IN PLA-l'BOOK 50, PAGES 3 THROUGH 9 OF TIM PUBLIC RECORDS ]OF
SEMINOLE COUNTY, FLORMA; THENCE RL NL SOUTH 001145'33" EAST ALONG THE
WESTFRILY LINE. OF SAID KESE'AYE ATTLISCAWILLLA '. PI-IASF- 11, ALSO BEING THE
EAs'r 1-INE OF BLOCK A, GARDENA FAINTS TOWN SITES, AS MCORD14-13 IN PLAT BOOK
6, PAGE 39, OF THE SAID PUBLIC RECORDS OF SEMINOLECOLFINITY. FLORIDA'
FOR A
DISTANCfOF 910.29 FE-ETTQ A POINT ON THE NORTHEASTERLY PLIGHTOF WAY LINE
OF RAILS TO TRAILS AS RECORDED IN OFFICIAL Rr-x;Ogt)S BOOK 31.77, PAGE 632 OF
SAIII PUBLIC RECORDS; THENCE DEPARTING SAID WEST I-E.AND SAID EAST T,[NE,
RUN NORTH 550*28'13" WEST ALONG SAID NORTHFASTERLY RIGHT OF WAY LINE, FOR
A OLSTANCE 01' 543.50 FEET TO THE SOLITI-1EAST CORNER OF 11LOCK, C, OF SAID
GARDENA FARMS TOWN SITES,'ITIENCI� CONTINUE NO NTH 55128'13" WEST, ALONG
SAID NORTHEASTERLY RIGHT OF WAY LINE, FOR A DISTANCE OF Ertw),(Ki FFFI'To A
POINT ON A NON -TANGENT CUI(VE-, CON -CAVE NORTHEASTERLY, 11,AVING A RADIUS
OF 1815.35 FEET, A CHORD 8CARIN0, OF NORTH 39p53-20" WEST AND A CROP,[)
DISTANCE'OF 974,43 FEET; TE-IFNCE"RUN NORTHWESTERLY ALONGT14E ARC 01: SAID
CURVE, AND SAID NORTHEASTERLY RIGHT OF WAY LINT, TE4ROUCTE-1 A CENTRAL
DEVELOPMENT AGREEMENT
City of Winter Springs and EPB Engineering & Construction, PLLC and Blue Orange Holdings LLC
Page 17 of 19
Book 10840 Page 1923
Instrument# 2025056782
ANGLE OF 31`08'12" FOR AN AR.0 DISTANCE OF 986.53 FE1.E`T TO TRB POINT OF
COMPOUND CURVATURE OF A CIJRVF, CONCAVE NORTHEASTERLY, MAVING A
RADIUS OP 214X34 I:EEF, A CHORD BEARING OF NORTH -22Qjtjn05" �, EST AND A CI [ORD
DISTANCE OF 1,62.34 FEET, THENCE RUN NORTI-MIESTE'RLY Al,ONG THE ARC OF ,SAID
CURVE, ANO SAID NORTHEASTERLY JUGHT OF WAY LINE, THROUGH A CENTRAL
ANCLE, OF 44019447" FOR AN ARC. DISTANCE OF 162,38 FEET TO A POINT ON THE
NORTHWESTJ''Rl..Y R,TCTHT OF WAY LINE Or RAILS TO TRAILS, As REoRDPJ) IN
OFFICIAL RECORDS BOOK 3988, PACT F 1075 OF THE AFORE -SAID P(JI31 JC RECORDS OF
SEMINOLE COUNFY: THENCE RIJN NORTH 49131'30" EAST, ALONO SAID
NORTHWESTE'R-LY RtcjH-r oi� WAY LINE, NON-TANURNT TO SAID CURVE, FOR. A
DIM ANCE OF 25M0 FEET; THENCIL-1 RUN NORTH 39�49''55" WEST, DEPARTING SAID
NORTHWESTRLY RIGHT OF WAY LINE, FOR A DISTANCE OF 0 59A 8 FEET TO A POINT
ON THE WESTERLY MG11TOF WAY 1JNF 01:1 RAILS Tip TRAIL."', ACC ORDTNIG TO THE
AFORESAID OFFICIAII—RECORDS BOOK 31.77, PACE t532, JXJNG ON A NON -TANGENT
CURVE, CONCAVE EASTERLY, HAVINQ A RADIUS OF 40118,02 FEET, A CHOU) BEARING
OF NORTH 03001'14" WH,qT AND A CHORD DISTANCE OP 96-30 FEET-, '11,I[ENCE RUN
NORTAERLY ALONG SAID WESTERLY RJGATOF WAY 14NE AND ALONG THE ARC_ OF
SAID CIIJRVT-,, THROUGH A CENMRAL ANGLE OF Ol-22'36" FOR AN ARC_ DISTANCE OF
96,30 M-ET TO A NON -TANGENT POTNT ANT) THE POINT OF BEGINNING; THFNCE, RUN
NORTI 1 87058'38" WJ>31', ALONG THE EASTERLY EXTI'---N SION OF THE NORTH LINE OF
LOT 17 OF TUSKAWILLA, ACCORDING TO -ML MAT OF D.R, MITC14ELUS SuRVFY Ot--,
THE LEVY GRANT, AS RECORDED IN PLAT BOOK 1, PAGE 5 OF THE PUBLIC RECORDS
OF SEMINOLEC-OUNTY, FLORIDA, NON —RADIAL WITIA SAID CURw AND DEPARTING
SAM )YESTERLY RIGHT OF WAY I.M, FOR A DISTANCE OF 142.99 FEJ�T 11-0 THE
EASTERLY LINE 01- THAT CERTATIN THIRTY FOOT (10') WIDE UNNAMED RIGHT OF WAY
A.C-CORDrNG TO THE, AFORESAID PLA'I'OF D,R, MTTCHELL'S SURVEY OFTHE fF'%rY
GRANT; THENCE RON NORTH 0Z'41'39'EAST. ALONG SAID 14A55TERLY BUGHTOF WAY
LINE, (,OR A DISTANCE OF 27.00 FEEX; THENCE, RUN SOUTH 87158'38'Elk-sT, DF-PARI-INCY
SAID EASTERLY RICTHTOFAKAY LINE, FOR A DISTANCE, OF s)1.57 FRET TO A POINT ON
A NON —TANGENT CURVE CONCA VE NORTHWESTERLY, HAVING A RAmUS OF 15 167
FEET, A Cl- ORI) J,0,,ARJNG OF NO.RTFI 83"10'19" CAST AND A CHORD DISTANCE OF 4t.N
FFET; THENCE RUN NORTHI�A%T12RLY ALONG THE ARC. OF SAID CURVE,, THROUGH A
CENTRAf, ANCTLE' , OF 15 `34' 11" FOR AN' ARC DISTANCE OF 41 .22 FEET TO A POINT ON
THE AFORBSAID Wh8'I*FKbY RIGHT OF WAY LINF OF RAILS TO TRAILS, LYING ON A
NON -TANGENT CURVE CONCAVV RASTERLY, HAVING A RADIUS OF 4008,02 FEET, A
CHORD BBARINO OF SOUTH 02"05'36' EAST AND A (11-10RD DISTANCE OF 33,41 FELT;
TI-IF',NCE RUN SOUTHERLY ALONG SAID WE-STERLY RIGHT OF WAY LINE AND AUON(--#
THE ARC. OF SAID C()RVJ-' ' THROUGH A CENTRAL ANGLE OF 00`2819" FOR AN ARC
DISTANCE OF 33Al FEET TO THE POINT OFF BEGINNING s,
THE ABOVE, DESCRIBED TRACTF OF, [,AND LIES IN SEMMOLE COUNTY, FLORIDA, AND
CONTAINS I,q 18 SQUARE FEET OR Oho ACRES MORE OR LESS,
DEVELOPMENT AGREEMENT
City of Winter Springs and EPB Engineering & Construction, PLLC and Blue Orange Holdings LLC
Page 18 of 19
Book 10840 Page 1924
Instrument# 2025056782
EXHIBIT B
OVERALL SITE PLAN
01
� ((( vNOV} KW Ow � r• `•`
Ij
ff
1 BOHLER9
WCHAEL B(AKE&VD -
DEVELOPMENT AGREEMENT
City of Winter Springs and EPB Engineering & Construction, PLLC and Blue Orange Holdings LLC
Page 19 of 19