HomeMy WebLinkAboutTuscawilla Property Investors, LLC - 2026 01 12 - Second Modification to Development and Property Division Agreement (WS Marketplace, Parcel #2, Wawa)Grant Maloy, Clerk Of The Circuit Court & Comptroller Seminole County, FL
Inst #2026003887 Book:10966 Page:1637-1645; (9 PAGES) RCD: 1/14/2026 1:56:28 PM
REC FEE $78.00
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.
I I I N. Orange Avenue, Suite 2000
Orlando, FL 32802
(407)425-9566
SECOND MODIFICATION TO
DEVELOPMENT AND PROPERTY DIVISION AGREEMENT
Winter Springs Marketplace — Resulting Trust Property Parcel #2 - Wawa
THIS SECOND MODIFICATION TO DEVELOPMENT AND PROPERTY
DIVISION AGREEMENT ("Second Modification") is made and executed this day of
7 —6 , 20 ' , by and between the CITY OF WINTER SPRINGS, a Florida
Municipal Corp ration ("City"), whose address is 1126 East S.R. 434, Winter Springs, Florida
32708, and TUSCAWILLA PROPERTY INVESTORS, LLC, a Florida Limited Liability
Company, whose address is 630 S Maitland Avenue, Suite 100, Maitland, Florida 32751
("Developer").
WITNESSETH:
WHEREAS, Developer and the City have entered into and executed that certain
Development and Property Division Agreement for Winter Springs Marketplace, dated March 8,
2021, and recorded in the Official Records of Seminole County at Book 9887, Pages 718-751 (the
"Development Agreement") as well as that certain First Modification to the Development and
Property Division Agreement for Winter Springs Marketplace, dated January 30, 2023, and
recorded in the Official Records of Seminole County at Book 10397, Pages 628-643 (the "First
Modification"); and
WHEREAS, the Development Agreement governs the development of both the Property
and Trust Property, as legally described and defined therein, the Trust Property having been
conveyed to the Developer subsequent to the execution and recordation of the Development
Agreement, and the Trust Property being more particularly described in Exhibit "D" of the
Development Agreement; and
SECOND MODIFICATION TO DEVELOPMENT AGREEMENT
City of Winter Springs and Tuscawilla Property Investors, LLC
Page 1 of 9
Book 10966 Page 1638
Instrument# 2026003887
WHEREAS, the Development Agreement provided that the Trust Property would be
further divided into two (2) resulting Trust Property parcels, as legally described in Exhibit "E" of
the Development Agreement; and
WHEREAS, the Developer now desires to construct a Wawa neighborhood convenience
store with gas pumps on the Resulting Trust Property Parcel #2, particularly consisting of 1.21
acres, more or less, located southwest of the intersection of SR 434 and Tuskawilla Road, in Winter
Springs, Seminole County, Florida, zoned Town Center (T5 Transect), more particularly described
in Exhibit "G" herein; and
WHEREAS, Developer has now applied for a conditional use of a "corner store or
neighborhood convenience store with gas pumps" and submitted applications for a Conditional
use, Final Engineering Plans, Waivers, and Aesthetic Plan Approval in order to construct the
convenience store on the Resulting Trust Property Parcel #2; and
WHEREAS, pursuant to Chapter 20 Zoning, Article 11, Division 1, Section 20-29.1 of the
Winter Springs City Code ("City Code"), a community workshop for the Project was held on June
30, 2025; 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, on October 13, 2025, the City Commission conditionally approved the
Conditional Use, Final Engineering Plans, Waivers, and Aesthetic Plans for the convenience store,
requiring that the following be added to such plans: (1) a knee wall at the corner of S.R. 434 and
Tuskawilla Road; (2) a pedestrian access route from the sidewalk adjacent to S.R. 434 to the
convenience store; (3) outdoor seating; and (4) only one (1) ground monument sign shall be
approved, located at the intersection of State Road 434 and Tuskawilla Road; and
WHEREAS, the City Commission further authorized staff to ensure that these conditions
were met and authorized the City Manager to execute this Second Modification upon completion
of the conditions; and
WHEREAS, staff and the City Manager have completed their review of the Final
Engineering Plans on December 11, 2025, and are satisfied that the conditions of approval have
been met and are reflected in Exhibit H attached hereto as described further herein; and
WHEREAS, this Second Modification shall be recorded against the Trust Property so that
the terms and conditions of approval related to the Trust Property shall run with the land; and
SECOND MODIFICATION TO DEVELOPMENT AGREEMENT
City of Winter Springs and Tuscawilla Property Investors, LLC
Page 2 of 9
Book 10966 Page 1639
Instrument# 2026003887
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 Second Modification is entered into pursuant to the Florida
Municipal Home Rule Powers Act.
3.0 The Project Area. The real property that is subject of this Second Modification is
the Resulting Trust Property Parcel #2, legally described in EXHIBIT "G", attached hereto and
fully incorporated herein by this reference for convenience (the "Project Area" or "Resulting Trust
Property Parcel #2" or "Resulting Trust Property #2").
4.0 Project Description and Requirements; Phasing. Developer has constructed
Phases I and II of the Winter Springs Marketplace shopping center on the Property, as well as
supporting infrastructure, stormwater pond, parking lots, and landscaping. Phase III shall consist
of a corner store or neighborhood convenience store with gas pumps and canopy with associated
parking on Resulting Trust Property Parcel #2.
(Hereinafter, all project description and requirements and references to the "Project" shall
refer to the corner store or neighborhood convenience store with gas pumps on Resulting Trust
Property Parcel #2.).
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 Second
Modification:
File Nos:
CONU-2025-0004
FEDP-2025-0016
DVAG-2025-0010
AERV-2025-0008
WAIV-2025-0011, WAIV-2025-14, WAIV-2025-15
The overall Final Engineering/Site Plan for the neighborhood convenience store with gas pumps
on Resulting Trust Property Parcel #2 is attached hereto as EXHIBIT "H" for convenience and
incorporated herein by this reference. Exhibit "H" is provided for reference purposes only. The
official and controlling copy of the Final Engineering/Site Plan is maintained in File No. FEDP-
SECOND MODIFICATION TO DEVELOPMENT AGREEMENT
City of Winter Springs and Tuscawilla Property Investors, LLC
Page 3 of 9
Book 10966 Page 1640
Instrument# 2026003887
2025-0016, which shall govern in all respects, including the resolution of any inconsistencies or
conflicts with Exhibit "H." The official copy should be reviewed for the complete and authoritative
specifications, requirements, and other content of the Final Engineering/Site Plan.
The City and Developer agree that the Winter Springs Comprehensive Plan, Multimodal
Transportation Element, Policy 1.11.3, requires the Developer of the Project to provide one (1)
mobility credit 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 1.1 1.6, 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 two (2) bike
racks, totaling ten (10) spaces, on the north side of the building, and a ramp with handrails on the
Tuskawilla Road sidewalk, with crosswalk connection to the store front sidewalk as a multimodal
improvement to satisfy the required mobility credit in accordance with the above -referenced
Policies.
5.0 Conditions of Approval. Specific conditions of approval for the above -referenced
Final Engineering Plans, Aesthetic Plans and Waivers have been met prior to the recording of this
Second Modification and as provided in the Recitals above.
In addition, the City Commission hereby deletes in its entirety Section 5.1 of the First
Modification, to allow for one (1) additional monument -style ground sign on the Resulting Trust
Property Parcel #2 at the corner of SR 434 and Tuskawilla Road. No further monument signs shall
be permitted on the SR 434 frontage for the Project Area.
6.0 Termination of Approval as to Resulting Trust Property #2. In the event the
Developer (or the ground tenant of Resulting Trust Property Parcel #2) fails to obtain the building
permit and substantially commence vertical construction of the building, which shall at minimum
include building foundations, on the Resulting Trust Property Parcel #2 within two (2) years of the
Effective Date of this Second Modification, then the City shall have the right to terminate and/or
void the approvals set forth herein as applies to the Resulting Trust Property #2 and require the
Developer to reapply to the City for such approvals as applies to the Resulting Trust Property
Parcel #2. The Developer may apply to the City Commission for an extension of this deadline,
which may be granted upon good cause shown.
7.0 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 Second Modification and has taken all necessary action to authorize
the execution, delivery and performance of this Second Modification. The Developer further
agrees and makes the following representations and warranties to the City:
SECOND MODIFICATION TO DEVELOPMENT AGREEMENT
City of Winter Springs and Tuscawilla Property Investors, LLC
Page 4 of 9
Book 10966 Page 1641
Instrument# 2026003887
A. The Developer is lawfully seized of the Trust Property in fee simple and has full and
lawful authority to execute this Second Modification and bind the Project Area property
as set forth herein.
This Second Modification 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 Second Modification in the Public Records of Seminole County, Florida, the
Second Modification shall be a binding obligation upon the Project Area property in accordance
with the terms and conditions of this Agreement. Developer represents that it has voluntarily and
willfully executed this Second Modification for purposes of binding himself and the Project Area
property to the terms and conditions set forth in this Second Modification.
8.0 Successors and Assir:ns. This Second Modification 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 Second Modification similarly shall be binding upon the
Project Area property, and shall run with title to the same upon being duly recorded against the
Project Area property by the City.
9.0 Effective Date. This Second Modification shall become effective upon approval
by the City Commission and execution of this First Modification by both parties hereto.
10.0 Recordation. Upon full execution by the Parties, this Second Modification shall
be recorded upon the Resulting Trust Property #2 in the Public Records of Seminole County,
Florida by the City and shall be binding upon the Resulting Trust Property #2 and all future owners
thereof.
11.0 Effect of Modification. All other terms and conditions of the Development
Agreement and First Modification, not in conflict with this Second Modification, shall remain in
full force and effect.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seal on the date
first above written.
ATTEST:
CITY OF WINTER SPRINGS
By.
Kevin Sweet, City anager
Date: / � �) 6
SECOND MODIFICATION TO DEVELOPMENT AGREEMENT
City of Winter Springs and Tuscawilla Property Investors, LLC
Page 5 of 9
Book 10966 Page 1642
Instrument# 2026003887
By: v
Christian Gowan, City Cleric
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CITY SEAL � j
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STATE OF FLORIDA
COUNTY OF SEMINOLE
APPROVED AS TO FORM AND LEGALITY
For the use and reliance of the City of Winter Springs,
Florida only.
Date:
By:
arganese, City Attorney for
the City of Winter Springs, Florida
The foregoing instrument was acknowledged before me by means of O physical
presence or ( ) online notarization, this day of v (A ` 20 , by Kevin Sweet,
City Manager of the City of Winter Springs, Florida, a Florida muni pal corporation, on behalf
of the corporation, who is personally known to me or produced
as r e"c entificat--io_ __..__— � _ . -
n.
(NOTARY SEAL)
=ANo Stato or Florida M TarrantSSlon HH 491305 2/11/2028
Signed, sealed and delivered in the
presence of the following witnesses:
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ignatur ofWitpess
I Vl 4S'
Printed of Witness
Si nature of Witness ,.
Printed Name of Witness
(Notary Public Signature)
(Print Name) €€
Notary Public, State ofl1
Commission No.: H H -icl NX
My Commission Expires: _p t l�
TUSCAWILLA PROPERTY INVESTORS,
LL(
By:
Rya
Date
SECOND MODIFICATION TO DEVELOPMENT AGREEMENT
City of Winter Springs and Tuscawilla Property Investors, LLC
Page 6 of 9
Book 10966 Page 1643
Instrument# 2026003887
STATE OF �r
COUNTY OF D �.
The foregoing instrument was acknowledged before me by means of hysical
presence or (_) online notarization, this day of �_j MU4JM, 20zlLAo, by Ryan Stahl,
the Manager of Tuscawilla Property Investors, LLC, a limited liabili company, on behalf of the
company, who is personally known to me or produced
as identification. 1
(NOTARY SEAL)
KRISTIN BANKS
* * commission # HH 405810
N9rFOF F`oQ\�c Expires June 4, 2021
( to Pdbl}G Signahire,
S`f;.0
(Print Name) Notary Public, State of i wi'dc4
Commission No.: j
My Commission Expires:
SECOND MODIFICATION TO DEVELOPMENT AGREEMENT
City of Winter Springs and Tuscawilla Property Investors, LLC
Page 7 of 9
Book 10966 Page 1644
Instrument# 2026003887
EXHIBIT G
RESULTING TRUST PROPERTY PARCEL #2 (PROJECT AREA)
That part of Lot 9, JOE E. JOHNSTON'S SURVEY, recorded in Deed Book 147, Page
221, Public Records of Seminole County, Florida, and also being that part of Lot 8 Block A, and
that part of the unplatted part of Block B of D. R. Mitchell's Survey of the Levy Grant, according
to the plat thereof as recorded in Plat Bookl, Page 5, Public Records of Seminole County,
Florida, and also that part of the vacated Street as set forthin Resolution recorded in Official
Records Book 2972, Page 373 more particularly described as follows: Commencing at the
Northeast corner of Jesup's Reserve Townhomes Replat, according to the plat thereof as recorded
in Plat Book 71, Pages 86 through 93, Public Records of Seminole County, Florida; thence run
S39'45'03"E along the Southwesterly right of way line of State Road No. 434 per Official
Records Book2803, Page 1023, and Official Records Book 2831, Page 1024, Public Records of
Seminole County, Florida, a distance of 442.36 feet for the Point of Beginning; thence continue
S39'45'03"E along said South right of way line, a distance of 103.50 feet; thence run S 13' 15'20"E
along the West right of way line of Tuskawilla Road per Official Records Book 8377, Page 27,
Public Records of Seminole County, Florida, a distance of 44.85 feet; thence continue
S 13' 18'28"W along said West right of way line, a distance of223.26 feet to a point on a non -
tangent curve concave to the Northwest, having a radius of 2.00 feet; thence from a radial
bearing of N76'41'29"W run Southwesterly along the arc of said curve through a central angle of
59'49'28", an arc distance of 2.09 feet, having a chord bearing of S43' 13' 15"W and a chord
distance of 1.99 feet to a point of compound curvature of a curve concave to the North having a
radius of24.33 feet; thence run Westerly along the arc of said curve through a central angle of
30'50'10", an arc distance of 13.09 feet, having a chord bearing of S88'33'05"W and a chord
distance of 12.94 feet; thence run N76'01'50"W, a distance of 60.93 feet to the beginning of a
curve concave to the Northeast having a radius of 20.00 feet; thence run Northwesterly along the
arc of said curve through a central angle of35'56'47", an arc distance of 12.55 feet, having a
chord bearing of N58'03'27"W and a chord distance of12.34 feet; thence run N40'05'03"W, a
distance of 178.00 feet to the beginning of a curve concave to the Northeast having a radius of
15.00 feet; thence run Northwesterly along the arc of said curve through a central angle of
42'05' 15", an arc distance of 11.02 feet, having a chord bearing of N 19'02'26"W and a chord
distance of 10.77 feet to a point of reverse curvature of a curve concave to the West having a
radius of 130.00 feet; thence run Northerly along the are of said curve through a central angle of
10'50'21 ", an arc distance of 24.59 feet, having a chord bearing of NO3'24'59"W and a chord
distance of 24.56 feet; thence run N49'54'57"E, a distance of 233.19 feet to the Point of
Beginning.
SECOND MODIFICATION TO DEVELOPMENT AGREEMENT
City of Winter Springs and Tuscawilla Property Investors, LLC
Page 8 of 9
Book 10966 Page 1645
Instrument# 2026003887
EXHIBIT H
Overall Site Plan for Resulting Trust Property Parcel #2
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SECOND MODIFICATION TO DEVELOPMENT AGREEMENT
City of Winter Springs and Tuscawilla Property Investors, LLC
Page 9 of 9