HomeMy WebLinkAboutViera Company Amended Settlement Agreement
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AMENDED SETTI,EMENT-AGREEMENT
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THIS AMENDED SETTLEMENT AGREEMENT (hereinafter, the "Agreement") a
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hereby entered into thisL day Of~. 1995, by and between the CITY OF OVIED~
a municipal corporation organized and existing under the laws of the State of Florida (hereinaft~
"Oviedo"), and the CITY OF WINTER SPRINGS, a municipal corporation organized and
existing under the laws of the State of Florida (hereinafter, "Winter Springs"), and THE VIERA
COMPANY, a Florida corporation (hereinafter, "Viera"), and ROUSE-ORLANDO, INC., a
Maryland corporation authorized to do business in Florida (hereinafter, "Rouse") (Oviedo, Winter
Springs, Viera, and Rouse are hereinafter collectively referred to as the "Parties").
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WIT N E SSE T H:
'WHEREAS, Oviedo and Winter Springs wish to provide for better inter-governmental
relations and coordinate planning efforts, as authorized pursuant to Section 163.01, Fla. Stat.; and
WHEREAS, Part II of Chapter 163, Fla. Stat., and as a corollary thereto, Rule 9J-5,
Florida Administrative Code, address the need for an efficient and orderly system of planning and
growth management by and among governmental entities and subdivisions thereof to ensure
continued growth while preserving and enhancing the public welfare; and
WHEREAS, Sections 163.01(4) and (5), Fla. Stat., p",vide that a public agency of the
state, as defined by Section 163.01(3), may exercise jointly by contract with any other public
agency of the state any power, privilege or authority which such agencies share in common and
which each might exercise separately; and
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WHEREAS, Oviedo and Winter Springs are public agencies within the meaning of Section
163.01(3), Fla. Stat.; and
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WHEREAS, Oviedo and Winter Springs are both located in Seminole County, Florida and
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portions of each city are contiguous to portions of the other city; and
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WHEREAS, Oviedo has entered into an Agreement with Viera and Rouse dated Novem~
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21, 1994 (hereinafter, the "Pre-Annexation Agreement"); and g
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WHEREAS, the Pre-Annexation Agreement contemplates that a 1.2 million square feJt
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regional shopping center will be developed on land which is located in unincorporated Seminole
County (hereinafter, the "Mall") and that such land, together with contiguous land thereto (but
not including Parcel 14 as described hereinafter), will be annexed into Oviedo as more particularly
described in the Pre-Annexation Agreement; and ~~~~
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WHEREAS, the parties hereto intend and desire that Parcel 14, as descriJbe annexed
into Winter Springs; and
WHEREAS, the Mall is a portion of a larger project which is a Development of Regional
Impact (hereinafter, "DRI"). Viera has heretofore received development approvals for the DRI
from Seminole County, Florida, pursuant to Section 380.06, Fla. Stat. The real property on .
which the DRI project is located is described on F.1Chihit "A" attached hereto and incorporated
herein; and
WHEREAS, Viera has applied to Seminole County for additional approvals concerning
the DRI project including, without limitation, an amendment to the Seminole County
Comprehensive Plan, an amendment to the existing DRI Development Order (as defined in the
Pre-Annexation Agreement) and the existing master plan for the DR! project which is attached
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thereto. and various other permits. approvals and development orders to allow the DR! project to
be developed as provided in the Oviedo Crossing Development of Regional Impact Application
for Development Approval dated November 1994, as the same has been or might be modified (all
the foregoing applications being jointly hereinafter referred to as the "Land Use Approvals").
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The development, as may be ultimately modified by the Land Use Approvals, shall herein~e~~
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be referred to as the "Project"; and
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WHEREAS, Winter Springs is the grantee of a ten (0) foot conservation ease~ntC)
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pursuant to that certain Easement between Winter Springs Development Joint Venture and Wimer;;
Springs recorded September 17, 1993, in Official Records Book 2648, Page 0039, Public Records
of Seminole County, Florida (hereinafter, the "Conservation Easement"; the lands subject to the
Conservation Easement are hereinafter referred to as the "Conservation Easement Area"); and
WHEREAS, in accordance with the Pre-Annexation Agreement, Oviedo has filed suit
against Winter Springs in Seminole County Circuit Court for the purpose of condemning the
Conservation Easement so as to allow the construction of a public right-of-way; and
WHEREAS, Winter Springs has filed suits against Oviedo and Rouse and Viera in
connection with the Pre-Annexation Agreement: and
WHEREAS. Winter Springs and Oviedo and Viera and Rouse desire to provide for an
amicable settlement of such suits; and
WHEREAS, the State of Florida has adopted the Local Government Comprehensive
Planning and Land Development Regulation Act (hereinafter, the "Growth Management Act")
which is codified in Section 163.3161 et seq., Fla. Stat. (1993. as amended); and
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WHEREAS. the Growth Management Act requires local governments to coordinate and
cooperate with respect to projects which have multi-jurisdictional impacts; and
WHEREAS, the Comprehensive Plans for Winter Springs and Oviedo require coordination
between the two cities in connection with projects which have multi-jurisdictional impacts; and
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WHEREAS, the Growth Management Act requires cooperation between municipalitiesaPd,D
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other governments to assure coordination of their respective planning and development activi~s;U1
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WHEREAS, Policy 64.10 of the East Central Florida Regional Planning CotYiCil-.J
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Comprehensive Regional Policy Plan (hereinafter, the "Comprehensive Regional Policy Plan")
calls for interlocal solutions to transportation needs, including the impacts of a development
project in one jl:lrisdiction on an adjacent jurisdiction; and
WHEREAS, Policy 65.5 of the Comprehensive Regional Policy Plan calls for
intergovernmental coordination to assure that multi-jurisdictional impacts are properly addressed;
and
WHEREAS, the State Comprehensive Plan requires cooperation between, among and
within all levels of Florida government; and
WHEREAS, if the Project is developed in accordance with the terms of this Agreement.
then Winter Springs and Oviedo determine that the Project and the benefits of the Project are in
the public interest; and
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WHEREAS. the Project provides certain economic development benefits to the region
including. but not limited to. significant job creation. increase of ad valorem tax base. increase
of sales tax revenue. increase of gas tax revenue. construction and expansion of public facilities
and infrastructure at private expense. and numerous other benefits; and
WHEREAS. in consideration of this Agreement. the Parties have agreed to terminate al~,->
pending litigation between the Parties as described herein and to take such other action ~ i~
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contemplated by this Agreement; and ~
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WHEREAS. Viera and Rouse have executed this Agreement in order to facilitate c~irP
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of the undertakings of Winter Springs and Oviedo as specified herein and to perfomith~
undertakings of Viera and Rouse as hereinafter set forth and to receive the benefits set forth
herein; and
WHEREAS. in consideration of the foregoing, each of Oviedo and Winter Springs
acknowledge that this Agreement is in the public interest and serves a valid municipal purpose;
and
WHEREAS. each of the Parties hereto represents and warrants to the others that it has
complied with all procedural and substantive legal requirements and has the legal authority to
execute and perform the terms of this Agreement; and
WHEREAS. the Parties have previously entered into that certain Settlement Agreement
dated March 24, 1995 (hereinafter, the "Settlement Agreement"); and
WHEREAS. the Settlement Agreement contemplates development of the Project including
a road connecting the Mall to Winter Springs Boulevard; and
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WHEREAS. as a result of recent hearings held by the Seminole County Board of County
Commissioners (hereinafter. "Seminole County"). Viera and Rouse have modified the plans for
the Project by substituting in place of direct vehicular access to Winter Springs Boulevard, a
public road which would begin at State Road 426, include a bridge over the Central Florida
Greeneway, and run through the Project to Red Bug Lake Road, all as depicted in the revised
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Plans attached hereto and incorporated herein as Rxhihit "8" (the "Bridge Road") " and CJ') ,0
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WHEREAS, the Parties desire to replace the Settlement Agreement with this Agreemifit,
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which address the changes in the Project, including without limitation provisions conceminggte C)
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NOW THEREFORE. in consideration of the premises hereof and the mutual covenants
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contained herein, and good and other valuable consideration, the receipt of which is hereby
acknowledged by the Parties, the Parties hereto agree as follows:
1. RRCITAI S. The above recitals are true and correct and are incorporated herein
and made a part of this Agreement.
2. NOV ATION. The Settlement Agreement including all exhibits attached thereto
is hereby superseded and replaced in its entirety by this Agreement. Upon execution of this
Agreement, the Settlement Agreement shall be of no further force and effect.
3. ORVF.I .OPMRNT R~I~IONS. With respect to that portion of the Project
which abuts the southern and eastern portions of Tuscawilla as shown on the Master Development
Plan attached hereto as F.xhihit "8, It the following restrictions shall apply:
(a) Ilel!.eJDpm.enL No development, including parking. roads, buildings or other
active uses (but excluding water retention and detention and drainage facilities) will
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be permitted within 250 feet of the boundary between the Project and adjacent
residential uses.
(b) Height.~_ Building heights shall not exceed 35 feet within 275 feet of the boundary
centers will be included in the buffer area shown on the Master Development Plan,
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of the adjacent residential uses, 45 feet within 300 feet of the boundary, nor 65 feet
for the remainder of the said parcels which are adjacent to Tuscawilla.
(c) Wall.. A 6-foot high masonry wall and 4-inch caliper trees, planted on 40-foot
where existing natural vegetation does not exist.
4. RIKF. PATH AND PF.DF.STR I A N W A I .KW A Y - In the interest of safety, and
to promote alternative forms of transportation, Viera and Rouse shall provide a system for cyclist
and pedestrian circulation on the Project site. Comfortable and direct walkways and bikeways
shall be constructed between the Mall, peripheral retail and the roads adjacent to the Project.
Bikeways which satisfy current state standards shall be connected at Project entrances with
adjacent external bicycle systems (if existing). Provided, however, notwithstanding the foregoing,
no bikeways shall be constructed on any property outside the real property described on F.rhihit
T. Further, if (and only if) after consultation with their respective professional consultants each
of the Parties determines it is reasonable and feasible to connect bikeways between the Project and
Northern Way and such a connection can be accomplished at reasonable cost (and without
relocation of drainage facilities and canals) and will not create a safety hazard. then Viera and
Rouse shall do so. Appropriate signage identifying bike routes will be installed. If the Parties
are unable to agree whether a connection can be accomplished at reasonable cost and without
reloCation of drainage facilities and canals and will not create a safety hazard, then they shall refer
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the dispute to the East Central Florida Regional Planning Council for mediation, in accordance
with the terms of Paragraph 20 hereinafter.
5. FINANC.IAL RENEFITS TO WINTER SPRINGS. The Parties acknowledge
that there will be sources of revenue for Winter Springs as the Project builds out, such as, without
(a)
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SalP..4;l Tax. It is anticipated that the first year the Project is built out the amount of s~s U1
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tax revenue remitted from the State of Florida to Winter Springs which is attributablelb
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the Project shall be approximately Eighty-Four Thousand Dollars ($84,000). It is furt~r j
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anticipated that the amount of revenue so remitted to Winter Springs will increase each
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limitation, the following:
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(b) Imparl FeP..4;l. The developer of Parcel 14 (as defmed in Paragraph 9 hereinafter) shall pay
impact fees to Winter Springs in accordance with applicable ordinances. Viera and Rouse
agree that such impact fees may be used by Winter Springs for any purpose it desires,
notwithstanding the provisions of any impact fee ordinance to the contrary.
(c) Ad Valnrem Tax It is anticipated that Parcel 14 will be developed to allow for the
construction of approximately 50,000 square feet of office use and 57,000 square feet of
retail use. Based on standard planning assumptions, it is anticipated that the ad valorem
tax revenue attributable to said parcel will be approximately $40,000 per year.
(d) Sehnnl~. It is anticipated that the Project will contribute a sum of money in ad valorem
taxes to the Seminole County school system at buildout, which inures directly to the
benefit of the citizens of Winter Springs, Oviedo and Seminole County.
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6. IMP ACT FEE CR En ITS. Oviedo acknowledges and agrees that Viera and Rouse
(and other developers within the Project) are entitled to and shall receive transportation impact fee
credits for the costs of design and construction of (i) all the portions of Oviedo Crossing Terrace
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West (as shown on the Master Plan attached hereto as Exhihit "R") which are located no~ of-D
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Red Bug Lake Road, (ii) the Bridge Road (from State Road 426 to Red Bug Lake Road), and:$ii)'-'.l
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various other roads, consistent with Oviedo's codes and ordinances.
(a)
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MITIGATION OF IMPACTS OF PROJRCT ON WINTER SPRINGS ~ a>
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Impact Mitigation Fee. Winter Springs anticipates that, as a result of the Project, it will
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incur additional municipal costs. In order to defray the costs thereof, subject to the terms
and conditions set out hereinafter Viera and/or Rouse shall make (or cause to be made) a
one-time, lump sum payment (the "Impaet Mitigation Fee") to Winter Springs in the
amount of ONE HUNDRED FIFTY-THOUSAND AND NO/lOO DOLLARS
($150,000.00) if the Project as modified to include the Bridge Road is approved by
Seminole County and the Florida Department of Community Affairs (and all appeals are
resolved in a manner which permit construction of the Project, including the Mall, and the
Bridge Roacl), and the flrst building permit is issued for vertical improvements on the Mall
site (Parcel 12 on Exhibit B). Said payment may be used for any municipal purposes
determined by Winter Springs. Said payment shall be made within ten (0) days after the
first building permit is issued for vertical improvements on the Mall site (Parcel 12 on
Exhihi~) .
Further. within ten (0) days after the first building permit is issued for vertical
improvements on the Mall site (Parcel 12 on Exhihit "R") and after issuance of all the
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permits for the Bridge Road. Viera and Rouse shall execute and record in the Public
Records of Seminole County. Florida. a Declaration of Covenants and Restrictions
encumbering the portion of the Project property then owned by them providing that Viera.
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Rouse. their successors and assigns. and any successors-in-title to the portion of the Pr*d.D
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owned by them shall never construct roads or other improvements within the porti~ of-
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the Conservation Easement Area located west of the Central Florida Greeneway, wi@:>ub
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~e prior written consent of Winter Springs. Notwithstanding the foregoing, provideff'the:x>
~ect is approved by Seminole County in accordance with the applications for the Land-
Use Approvals, the Declaration of Covenants and Restrictions shall be recorded in the
Public Records of Seminole County, Florida not later than ten days after the first
certificate of occupancy for the Mall is issued, even if all the permits for the Bridge Road
have not been issued. The form of the Declaration of Covenants and Restrictions is
attached as Rxhihit "C. "
(b) Seeurity. In order to secure payment of the Impact Mitigation Fee to Winter Springs the
Parties agree that no certificate of occupancy for the Mall (including the department stores
therein) shall be requested, issued or accepted until the Impact Mitigation Fee is paid as
described above. Oviedo shall be under no obligation to issue a certificate of occupancy
unless it has received a copy of the check used to pay the Impact Mitigation Fee (or other
reasonable evidence of payment if the payment is not by check).
(c) Indemnity. In the event Rouse and/or Viera fails to pay the Impact Mitigation Fee and
Oviedo declines or refuses to issue a certificate of occupancy as required by this Section
7 due solely to the failure to pay. then Viera and/or Rouse shall defend Oviedo against any
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action brought by any party seeking to compel issuance of said certificate of occupancy
and shall hold Oviedo harmless from any d,amages, judgments, losses or consequences
arising out of Oviedo's compliance with the terms of this Section 7.
(d) No ~onstruction. Notwithstanding anything in this Agreement to the contrary, if the Mall ['->
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is not built, then no Impact Mitigation Fee shall be paid to Winter Springs. ::t (J1
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8. GREENRW A Y TOT.T.";. Oviedo and Winter Springs agree that it is in the mu{dl
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interests of both communities to facilitate the use of the GreeneWay and the regi<iQf1 -.I
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transportation system. Both cities agree that the tolls on the GreeneWay act to inhibit its ~se. N
Consequently, the cities agree that they shall work together in order to eliminate or reduce the
tolls on the GreeneWay within the vicinity of each community.
9. ANNRXATTON TSSIJRC;;.
(a) Parl'.l'J 14. Simultaneously with execution of this Agreement by all Parties (or earlier at
Viera's sole option), Viera shall prepare and execute a petition (hereinafter, the "Parcel
14 Petition") to voluntarily annex into the City of Winter Springs Parcel 14 of the Project
together with an adjacent conservation area and a small adjacent upland parcel all as more
particularly shown on the DR! Master Development Plan attached hereto and incorporated
herein as Rxhihit "8 " The property which will be the subject of the Parcel 14 Petition
is referred to in this Agreement as "Parcel 14." Viera shall deliver the Parcel 14 Petition
to Kruppenbacher & Associates, Inc., 340 North Orange Avenue, Orlando, Florida 32801
(hereinafter, the "Escrow Agent") to be held in escrow, subject to the terms and
conditions of this Section 9.
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In consideration of Winter Springs' compliance with its obligations set out herein,
including but not limited to those set out in Paragraph 11 hereinafter. if Seminole County
approves all the applications for the Land Use Approvals, then ninety (90) days after
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Seminole County issues all such approvals and renders the Amended Development Oirder-o
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to the Florida Department of Community Affairs and the East Central Florida Reg@j1al -
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Planning Council (and only then), Escrow Agent shall deliver the Parcel 14 Petiticg too
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Winter Springs. Winter Springs and Viera shall take such action as is appropria~ toCO
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consummate the annexation and to consider such Land Use Approvals including the
Development Order required by Section 380.06 Fla. Stat.. for Parcel 14 as is contemplated
by this Agreement and the applications for the Land Use Approvals being processed by
Viera. The parties acknowledge that Winter Springs has no rights and shall have no rights
with respect to approval of any portion of the Project except Parcel 14 (following the
completi, of the annexation of Parcel 14 into Winter Springs).
er Springs may, but shall not be required to, provide municipal services to said
Parcel l,~. if it does not provide services it shall enter into an interlocal agreement with
anomer i.., :emmental entity which agrees to provide such services; Viera and Rouse shall
be third party beneficiaries of the Agreement.
If this Agreement is terminated and/or Winter Springs fails to perform its
obligations hereunder. then the Parcel 14 Petition shall be returned to Viera and Rouse and
Parcel 14 shall not be annexed.
Prior to the anne. ..tion of Parcel 14 Viera shall disclose the terms and conditions
of this Section 9(a) to all its purchasers, tenants and mortgagees of Parcel 14, and shall
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convey the propeny described in the Parcel 14 Petition subject to this Section 9. If Viera
fails to do so, then Winter Springs may terminate this Agreement. Further, this
Agreement shall be recorded in the Public Records of Seminole County, Florida as
provided in Paragraph 21 hereinafter.
(b)
Additional Agreement Concerning Annexation. Oviedo agrees that it shall not object
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to the petition for annexation described above and any petition for deannexation lJ;om;':J
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Oviedo into Winter Springs filed by any owners of the parceI(s) of property boundeil by._
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Seneca Boulevard on the west, Winter Springs Blvd. on the south, the Central Fl~da
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GreeneWay on the east and the Chelsea Woods subdivision on the north, as allow~b~
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law. In the event such petitions are filed, then Oviedo shall cooperate with respect to any
legal requirements regarding deannexation.
10. LA WSIJITS
(a) Oviedo.
(1) Within fifteen (15) days of the execution of this Agreement by all Parties hereto,
Oviedo shall dismiss without prejudice or abate Case No. 95-259-CA-13-B filed
in the Circuit Court for the Eighteenth Judicial Circuit in and for Seminole County,
Florida. When the Mall is opened for business to the public, Oviedo shall dismiss
the case with prejudice and the Parties shall authorize, properly execute and deliver
mutual releases with respect to Case No. 95-259-CA-13-B, each party to bear its
own attorneys fees and costs.
(2) The Parties acknowledge and agree that the agreements represented by this
Agreement are in settlement of allegations and claims asserted by Oviedo in the
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(b)
above-referenced litigation, which allegations and claims are contested by Winter
Springs. The Parties acknowledge and agree that, by executing this Agreement,
neither Oviedo nor Winter Springs are admitting to any liability in the respective
lawsuits and that, should this Agreement be cancelled, terminated, held invalid, or
not enforced for any reason, neither this Agreement nor any of the negotiatiomf'V
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concerning it are admissible into evidence in any subsequent litigation, nor iliall(J1
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this Agreement be construed as a waiver of any of the Parties' rights regardin~d
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arising out of the above-referenced litigation.
Wintp.r Springs.
(1) Within fifteen (15) days of the execution of this Agreement by all Parties hereto,
Winter Springs shall abate or dismiss Case No. 94-2405 and Case No. 95-319
which it has filed in the Circuit Court of the Eighteenth Judicial Circuit in and for
Seminole County, Florida. When the Parcel 14 Petition has been delivered to
Winter Springs and the Impact Mitigation Fee has been paid to Winter Springs as
described above, Winter Springs shall immediately dismiss said lawsuits with
prejudice and the parties to the lawsuits shall authorize, properly execute, and
deliver mutual releases with respect to all parties to the litigation, each party to
bear its own attorneys fees and' costs.
(2) Win.ter Springs represents that it has not filed any other lawsuits that directly or
indirectly affect the Project, or that name Rouse, Viera, and/or Oviedo (and/or its
City Commission) as a party. Provided Rouse and Viera are not in default of their
obligations hereunder, Winter Springs also agrees not to file any lawsuits,
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administrative proceedings. or take any other action which will inhibit Rouse
and/or Viera from obtaining the Land Use Approvals as contemplated herein.
(3) The Parties acknowledge and agree. that the agreements represented by this
Agreement are in settlement of allegations and claims asserted by Winter Springs
in the above-referenced litigation, which allegations and claims are contested by
Oviedo. Rouse and Viera. The Parties acknowledge and agree that, byexecutingcn
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this Agreement, neither Oviedo. Rouse nor Viera are admitting to any liability inz
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the respective lawsuits and that. should this Agreement be cancelled, terminated.(")
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held invalid, or not enforced for any reason, neither this Agreement nor any of tht?
negotiations concerning it are admissible into evidence in the litigation.
(c) Agreement. Nothing herein is intended to prevent any party from entering this Agreement
into the record in any land use proceeding.
11. A PPR OV A I. PR OC:PR.C;;. In consideration of the undertakings and commitments
described in this Agreement. and so long as there is no default by Rouse or Viera under this
Agreement. Winter Springs and Oviedo each agree to not object to the approval of the Project by
governmental entities including without limitation Seminole County, the East Central Florida
Regional Planning Council and the Florida Department of Community Affairs. The foregoing
shall include, but not be limited to, letters to be Sent by Winter Springs and Oviedo to each of said
agencies either indicating that the respective City does not oppose the Project. In addition, a
representative of Winter Springs and Oviedo shall appear at all public hearings to affirm its
7/19 revision by Kruppenbacher & Associates
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position. Winter Springs shall also advise all agencIes to whom it has heretofore sent
correspondence adverse to the Project that the previous adverse comments have been withdrawn
and that it does not oppose the Project.
12. ATIORNEYS FER<\.
(a)
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Winter Springs.. Upon delivery to Viera and Rouse of fully-executed copies of ~s U1
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Agreement, Viera and Rouse shall deliver to Kruppenbacher and Associates the su~f
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Fifty Thousand Dollars ($50,000) to defray the cost of legal fees incurred by Wigr 0
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(b) Oviedo. Rouse and Viera shall pay all fees due and owing from Oviedo to Pinel &
Carpenter and Gray, Harris & Robinson concerning the Project (not to exceed Forty Five
Thousand Dollars ($45,000)). Rouse and Viera shall also pay to Oviedo Five Thousand
Dollars ($5,000) to defray additional legal fees incurred by Oviedo in connection with the
Project.
13. DEFAIII.T.
(a) Remedies. In the event of a default (i.e. a failure to perform any term of this Agreement)
by any party hereto, the non-defat,dting party or parties shall have such rights and remedies
provided by law and equity, including a separate contractual right to injunctive relief.
(b) Waiver. The waiver of any breach or default under any of the terms of this Agreement
shall not be deemed to be, nor shall the same constitute, a waiver of any subsequent breach
or default.
(c) Notii'.e. Notwithstanding the provisions of subsections (a) and (b) above, before exercising
any remedy at law or equity. a non-defaulting party shall provide written notice to the
7/19 revision by Kruppenbach<< " Associates
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other parties of an asserted default and the asserted defaulting party shall have the right to
cure the asserted default within thirty (30) days.
(d) Attorneys' FP.f>S In the event that suit is brought by any party to enforce the terms of this
Agreement, then the prevailing party bringing such action shall be entitled to an award of
reasonable attorney's fees, legal assistant fees and court costs at all trial and appellate i'V
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writing and shall be deemed to be delivered when (i) hand-delivered to the official hereinarQ <::)
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designated; or (ii) three (3) days after deposit in the United States mail, postage prepaid, certified ~
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mail, return receipt requested, addressed to the party at the address set forth opposite the party's
name below, or such other address as the party shall have specified by written notice to the other
party and delivered in accordance herewith; or (ill) the date of actual receipt of a courier delivery:
City of Oviedo:
Oviedo City Hall
400 Alexandria Blvd.
Oviedo, FL 32765
Attention: City Manager
With a Copy to:
Donna McIntosh, Esquire
Stenstrom, McIntosh, Julian, Colbert
Whigham & Simmons, P.A.
200 W. First Street, Suite 22
Sanford, FL 32771
City of Winter Springs:
Winter Springs City Hall
1126 East SR 434
Winter Springs, FL
Attention: City Manager
7/19 revision by Kruppenbacher " Associates
17
With a copy to:
Frank Kruppenbacher, Esquire
340 North Orange A venue
Orlando, FL 32801
The Viera Company:
..", The Viera Company
7380 Murrell Road, Suite 201
Viera, FL 32940
Attention: Mason Blake, Esq.
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With a copy to:
Hal H. Kantor, Esq.
Lowndes, Drosdick, Doster,
Kantor & Reed, P.A.
215 North Eola Drive
Orlando, FL 32801
To Rouse-Orlando, Inc:
Rouse-Orlando, Inc.
c/o The Rouse Company
10275 Little Patuxent Pkwy.
Columbia, Maryland 21044-3456
Attention: General Counsel
With a copy to:
Hal H. Kantor, Esq.
Lowndes, Drosdick, Doster,
Kantor & Reed, P.A.
215 North Eola Drive
Orlando, EL 32801
15. SRVRRARILITY.
(a) If any provision of this Agreement, the deletion of which would not adversely affect the
receipt of any material benefit by any party hereWlder, or substantially increase the burden
of any party hereto, shall be held to be invalid or Wlenforceable to any extent, the same
shall not affect in any respect whatsoever the validity or enforceability of the remainder
of this Agreement.
(b) If this Agreement is challenged by any third party in any judicial or administrative
proceeding (each party hereby covenanting not to initiate or pursue such challenge), the
7/19 revision by Kroppenbacher &. Associates
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Parties collectively and individually agree to defend its validity through final
determination.
16. AMF.NDMF.NT. This Agreement may not be mooified or waived orally and shall
only be amended pursuant to an instrument in writing and jointly executed by all of the Parties
hereto, shall be enforceable by, binding upon and inure to the benefit of the Parties and theh-'V
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respective successors and assigns. Any party to this Agreement shall have the right, but neEthc.n
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obligation, to waive (in writing) rights or conditions herein reserved for the benefit of such p;rty.
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17. APPLIC.ARLF. LAW AND VF.NlTR. This Agreement shall be governed b~he-l
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laws of the State of Florida, and venue for any action to enforce the provisions of this Agree~enP
shall be in the Circuit Court in and for Seminole County, Florida.
18.
C.ONSTRIJC.TION OF AGRF.F.MF.NT.
All covenants, agreements,
representations and warranties made herein shall be deemed to have been material and relied on
by each party to this Agreement. All Parties have participated in the preparation of this
Agreement, and the provisions hereof shall not be construed for or against any party by reason
of authorship.
19. C.OlTNTF.RPARTS AND TF.LF.C.OPY. This Agreement may be executed in a
number of identical counterparts. If so executed, each of such counterparts is to be deemed an
original for all purposes and all such counterparts shall, collectively, constitute one agreement,
but, in making proof of this Agreement, it shall not be necessary to produce or account for more
of such counterparts than are required to show that each party hereto executed at least one such
counterpart. A facsimile, telecopy or other reproduction of the Agreement may be executed and
delivered by the Parties (in counterparts or otherwise) and shall be considered valid, binding and
7/19 revision by Kruppenbacher & ,\ssociales
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effective for all purposes. At the request of any party, the Parties hereto agree to execute an
original of this Agreement as well as any facsimile, telecopy or other reproduction.
20. MRDIATION. In the event the Parties hereto are required by the terms of this
Agreement to mutually agree upon any terms, conditions, plans or any other items, and they are
not able to do so, then they shall enter into mediation in accordance with procedures prescribed!""
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by the East Central Florida Regional Planning Council. 3: CJl
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21. RF.CORDING. Within fifteen days of the execution of one original of ~is
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Public Records of Seminole County, Florida. Notwithstanding the recording of this Agreement, -
the same shall not constitute any lien or encumbrance on title to the Project and shall instead
constitute record notice of governmental regulations which may regulate the use and enjoyment
of the Project. Winter Springs and Oviedo shall, upon written request by Viera or Rouse, provide
written confirmation of the status of this Agreement and performance or nonperformance of
obligations hereunder as may be reasonably requested by Viera or Rouse or any lender with
respect to the Project or any portion thereof. If this Agreement is terminated, the Parties shall
record a termination of this Agreement in the Public Records of Seminole County, Florida, and
such termination shall be conclusive evidence that this Agreement has, in fact, been terminated.
22. COI JNSF.I. In addition to acting as escrow agent, in any dispute hereunder
Escrow Agent may represent Winter Springs.
23. COMMUNITY DF.VF.LOPMF.NT DISTRICT. Winter Springs and Oviedo
acknowledge that the Project (including Parcel 14) is located within the boundaries of the Dovera
Community Development District (herein, the "CDD"), as provided under Chapter 190, Florida
7/19 revision by Knappenbachlll' & Associata
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Statutes. Winter Springs and Oviedo shall take such steps as may be necessary. if any, so as to
permit the COD to continue to exercise all rights, privileges, and powers that are currently
provided to it or to which it is otherwise entitled under applicable law.
24. BINDING F.FFF.l;T. This Agreement shall be binding upon the Parties, their
heirs, successors and assigns.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the dat~'"
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ROUSE-ORLANDO, INC., a Maryland
corporation
BY:
Name:
Its:
STATE OF FLORIDA
COUNTY OF SEMINOLE
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,-:0 . h.. A ~ _.rIiIlJ~N-"'} Y APPEARER"h-t.?ef.o~, me, the undersigned authorit~
~"J ~Oi."y , (!JJ'ff and "Ajd';lov ,\, ~'PJ!h'!J well known to me to be the
~Pj,r, (.,., ,.Yl..",,,,- and City Clerk, respectively, of the City of Oviedo, Florida, aJd
acknowledged before me that they are personally known to me and they executed the foregoing
instrument on behalf of the City of Winter Springs as its true act and deed, and that they were
authorized to do so.
WITNESS my hand and official seal this 7!!: day of
(SEAL)
Not Pu~ ~" h--
Name: J ..~".
My Commission Expires:
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,1995.
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STATE OF FLORIDA
COUNTY OF SEMINOLE
PERSONALL Y APPEARED before me, the undersigned authority,
;:f6~w r gvr 1./ and /'1AMo ,All IIDlr/1v5 well known to me to be the
~AYtJ fL and City Clerk, respectively, of the City of Winter Springs, Florida, and
acknowledged before me that they are personally known to me and they executed the foregoing
instrument on behalf of the City of Winter Springs as its true act and deed, and that they were
authorized to do so.
WITNESS my hand and official seal this L day of A v6 U J)
,1995.
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;. ~_~ Lee H. Logan (
': 'a ~ NoWy Public, State of Florida (
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: : OF ~!fA~JM1ission Expires 11/13/98 ~
:' 1-IOO-3.NOTAIl.Y..... NocIry Savicc. . (
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My Commission Expires: II /13/j cf
STATE OF FLORIDA
COUNTY OF .r.A>,.~~~
PERSONALLY APPEARED before me, the unpersign~ authority,
7:...... f.t.1V/ (fc,h..1 well known to me to be- the 1.-1. ~ /rq~ of The Viera
Company, and he acknowledged before me that he is personally known to and he executed the
foregoing instrument on behalf of the corporation, and that he is authorized to do so.
(SEAL)
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WITNESS my hand and official seal this 713. day of
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STATE OF FLORIDA
COUNTY OF >t.-._A/'o.
PERSONALL Y APPEARED before me, the undersigned authority,
;v,.c~~~1 .F Ir1wof well known to me to be the II.~ j),.....J.U of Rouse-Orlando,
Inc., and he acknowledged before me that he is personally known to me and he executed the
foregoing instrument on behalf of the corporation, and that he is authorized to do so.
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WITNESS my hand and official seal this ~ day of , 1995.
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Notary Pubw: T /
Name: ~/\ J~ ~v
My Commission Expires:
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Law Offices
KRUPPENBACHER & ASSOCIATES
A Professional Association
Frank C. Kruppenbacher
340 North Orange Avenue
Post Office Box 3471
Orlando, Florida 32802-3471
Telephone (407) 246-0200
Facsimile (401) 426-7767
August 14, 1995
Mr. John Govoruhk, City Manager
City of Winter Springs, Florida
1126 East State Road 434
Winter Springs, Florida 32708
Re: Oviedo Crossings Amended Settlement Agreement
Missing Page No. 25
Dear John:
Enclosed herein is the original document "Joinder By Escrow Agent," which should have
been included as Page 25 of the Amended Settlement Agreement.
This original was stored in the safe at our offices along with the Viera Company's
Application for Annexation. We have pulled the original and numbered it "25" for inclusion in
your original Amended Settlement Agreement for recording.
By a copy of this letter, I am confirming my telephone conversations with Aaron Gorovitz
and Donna McIntosh that they are in agreement with this action.
Should you have any further questions, please contact me.
/lek
Enclosure
cc: Aaron Gorovitz
Donna McIntosh
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JOINDER BY ESCROW AGENT
Kruppenbacher & Associates, Inc., joins in this Amended Settlement Agreement for the
purpose of acknowledging receipt of the Parcel 14 Petition and for the purpose of agreeing to
act as Escrow Agent in accordance with all the terms hereof.
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220906\POWELLRR
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Exhibits:
A - Legal description for Project property
B - Project plans with the Bridge Road
C - Declaration
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26
OVIEDO CROSSI:iG
LEGAL DESCRIPTION
\IGlB\L\TY :P\~:';T\:'r;;(jrOR'f.
fOR MlCROflLl~llNG ~
PARENT PARCEL:
A PORTION OF SECnONS 16. 17. AND :0. TOWNSHIP 21 SOU1H. RANGE 31 EAST. BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER. OF SAID SECTION 17. FOR A POINT OF
R!FDENCE~ THENCE RUN NORm 89.'1'00. WEST. ALONG THE SOU'TH UNE OF
SAID SEcnON 17. A DISTANCE OF 1083.%1 ~.,. TO THE POINT OF BEGINNING~
~ CONtINtJE NORm 89.'7'00- WEST. ALONG SAID SOUTH UNE. A DISTANCE
OF 249.02 FEr TO nm NORniWEST CORNER. OF LOT 28. Sl.A VIA COLONY
COMPANY'! SUBDIVISION. AS RECORDED IN PUT BOOK 2. PAGE 71. PUBLIC
RECORDS OF SEMINOLE COUNTY. FLOR.IOk mENCE. DEPARTING SAJD SOtmi
LINE. RUN SOUTH OO.SO'SS. EAST. ALONG rrm WEST LINE: OF SAJD LOT 28. A
DISTANCE OF '71~ FEr~ THENCE. DEPARTING SAID WEST LINE. RUN soum
37-09"0'. WEST. A OIST ANCS: OF 312.85 FEr~ mENCS: RUN SOtmi 32.1 TOS. WEST.
A DISTANCE OF 711.7' FEr TO THE SOUTH I..INE OF LOT 33 OF SAJD SLA VIA
COLONY COMPANY'S SUBDIVtSION~ THENCE RUN NORm 89.'1'''. WEST. ALONG
SAID SOUTH LIN! OF LOT 33. A DISTANCE OF 80.00 FEr TO nm SOtrrHWEST
CORNER. OF SAID LOT 33~ mENCE. DEPARTING SAID SOtmi LINE. RUN NORm
00-'2'11- WEST. ALONG nm WEST LINE OF LOTS 33 AND 34 OF SAJD Sl.AVIA
COLONY COMPANY'S SUBDIVISION. A DISTANCE OF &7&.78 FEr~ mENCE.
DEPARTING SAID WEST LINE. RUN NORm 41.S8~16. EAST. A DISTANCE OF 605.7&
PEETTO A POINT ON mE NORm LINE OF SAID LOT 34. SAID POINT ALSO BaNG ON
mE SounUJNE OF SAID ECTION 17~ !HENCE RUN NORTH 89.47'OCr WEST. ALONG
SAm SOtnHLINE OF SECIION 17. AOISTANCE OF 1071.12 FEET TO mE NORTHWEST
CORNER. 'OF LOT 3' OF SAID SLAVIA COLONY COMPANY"! SUBDIVISION. SAID
CORNERALSO BEING mE SOUTHEAST CORNER. OF TIm SOtrrHW'EST QUAllTElt OF
SAm SEC'IION 17~ mENCE RUN SOutH 89-'8'42- WEST. ALONG SAID SOutH LINE.
ADISTANC! OF 1~ FEET TO mE WTERLY RIGHT.cF.WA Y LINE OF PROPOSED
RED SUG ROAO.HA VJNO APROPOsm RIGHI' .cF-W A Y WIDTH OF 140.00 FEET. SAID
POINT ALSO BEING ON A NON.TANGENT ctJR.VE. CONCAVE SOtrnmASTERL Y.
FROM WHICH A RADW. UNI BEARS SOUTH 37-37"39'" EAST~ THENCE RUN
SOUTHWESTElU. Y ALONG SAID PROPOSED RED SUG ROAD AND SAID ctnlVE.
HAVING A RADlUS LENGTH OF 1203.24 FEET. A CENTRAL ANOLE OF 13.38'3r. AN
ARC LlNOTH OF 2I6..U PEET. A CHORD LENGTH OF 215.85 FEET. AND A CHORD
SEAlUNOOF sourH4S-mIr WEST~ 1HENCE.DEPAR.'I1NG SAID PROPOSED RED SUG
ROAD aaD'.oF.WAY.RUNNOR11I51-16'16- WEST. A DISTANC! OF 140.00 FEET TO
11I!NOR1HEAS'I!RLYIH or A 110 FOOT FLORIDA POWER. AND UGHI' COMPANY
IASENENT. AS RECORDED IN omcw. RECORDS SOOK 143. PAGE 253. OF SA1D
PUBLIC UCORD~ THENCE RUN NORTH 32-11'14- WEST. ALONG SAID
NORTHEASTDL Y LJNIL A DISTANCE OF SO'.11 FEET~ nmNCE DEPARTING SAID
NORnEA.S1'!lU.YlH.RUNNOR'1lIOI-U'4O' !AST.ADISTANCE OF 'SO.79 PEET TO
A POINT ON A NON-TANGENI' CtJR.V!. CONCAVE NORnmASTDL Y. FROM WHICH
A RADIAL LINE SEARS NORTH 01-43'03- !AST~ THENCE RUN NORnlWESTElU. Y
ALONG SAID CURVB.HAVINO ARADlUS LENGTH OF7SO,O) fEET. A CENTRAL ANGLE
or 131-)4'34-. AN AE LSNOTH OF 1113.96 FEET. A CHORD LENGTH OF 1403.D6 FEET.
ANDACHC)RDS!ARlNGOFNORnI 11-'9'W WEST~ nmNCERUNNOR11ISO-l1'3r
EAST. A DISTANCE OF 423.20 FEET TO A POINT ON THE SOtnHERN MOST LINE OF
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LEGIBILITY UNSATISFACTORY
FOR MICROFILMING
TUSCAwII.L~ UN1T 7, AS RECORDED IN PLAT HOOK Z'-PAGES 46 AND 47, OF SAID
PUBLIC RECORDS: TF~*1CE RUN SOUTH 69.03'43' EAST, ALONG SAID SOUTHERN
MOST i..'`lE. A DISTANCE OF 664.77 FEzT TO THE SOLTr~;AST C CRNER OF LOT 31, OF
SAID TL'SCAWB.L1~ UNIT 7; TF~NCE, DEPARTL'vG SAID SOUT'r~...RN MOST I...'~1E, RL'N
NORTH 00.41'26' WEST, ALONG T'rR EAST LL~IE OF SAID TZSCAWILLA UNIT 7, A
DLSTANCE OF 1796.40 FEET TO TI-s'E SOUTHWEST CORNER OF TUSCAWn t e UNIT 13,
AS RECORDED IN PLAT HOOK 29, PAGES 1 AND 2, OF SAID PUBLIC RECORDS;
THENCE, DEPART'II~1G SALE EAST LL*l'E. RUN NORTH 89.51'03' EAST, ALONG THE
SOUTH LINE OF SAID TUSCAwII.LA UNIT 13, A DISTANCE OF 2741.19 FEET TO THE
NORTHWEST CORNER OF LOT I 1 OF THE AFORESAID SLAVIA COLONY COMPANY'S
SUBDIVISION: THENCE. DEPAR'IZ~1G SAID SOUTH L.Ir1E. RIB SOUTH 87.16'25' EAST,
ALONG THE NORTH LII~IE OF LOTS 11 AND 12 OF SAID SLAVIA COLONY COMPANY'S
SUBDIVL40N. A DISTANCE OF 1285.36 FEET TO THE NORTHEAST CORNER OF SAID
LOT 12: THENCE. DEPAR?II~JG SAID NORTH LII~tE- RUN SOUTH pp•2g-Z6• EAST. ,~i,ONG
THE EAST LII~JE OF LOTS 12. 10. 7 AND 6, OF SAID SLAVIA COLONY COMPANY'S
SUBDIVISION. A DISTANCE OF 2682.12 FEET. TO THE NORT~IWEST CORNER OF LOT
Z. OF SAID SLAVIA COLONY COMPAt~tY'S SUHDMSION: THENCE. DEPARTL*IG SAID
EAST LL*1E. RUN SOUTH 89•a541' EAST. ALONG THE NORTH LL~JE OF LOTS 2 AND 1,
OF SAID SLAVIA COLONY COMPANY'S SL'HDMSION, A DISTANCE OF 1267.80 FEET
TO A POINT ON THE WEST Li'~E OF A CSX RAIIROAD RIGHT-OF-WAY, HAVII~IG A
75.00 FOOT RIGHT-OF-WAY WIDT'rI; THE*1CE. DEPARTII~IG SAID NORTH LINE- RUM
SOUTH 23.48'40' WEST. ALONG SAID WEST LII~IE, A DLSTA.vCE OF 501.88 FEET;
THENCE DEPARTIIVG SAID WEST LL*1E. RUN NORTH 89.45'41' WEST. A DLSTANCE OF
387.75 FEET TO A POIIYT ON TKE EAST LL'VE OF SAID LOT 2 OF SLAVIA COLONY
COMPANYS SUBDIVLSION: THE.*1CE RUN NORTH 00.40'15 WEST. ALONG SAID EAST
LII1E. A DISTANCE OF 197.37 FEET TO THE SOUTH LII~IE OF THE NORTH 2b2.66 FEET
OF SAID LOT Z: THENCE. DEPARTII~IG SAID EAST LII1E. RUN NORTH 89.45'41 • WEST.
ALONG SAID NORTH LII~1E. A DLSTANCE OF 281.76 FEET; THENCE. DEPARTII~IG SAID
NORTH LII~1E. RUN SOUTH 73.48'01' WEST. A DLSTANCE OF 405.71 FEET TO A POQ!"f
ON THE WEST LII~JE OF SAID LOT 2: THENCE CONTIIVUE SOUTH 73.48ro1• WEST. A
DLSTANCE OF 25.96 FEET; THENCE RUN SOUTH 00.3a'10• EAST. A DLSTANCE OF
226.37 FEET; THENCE RUN NORTH 89.4541' WEST, A DLSTANCE OF 138.94 FEET TO
A POII1T ON THE NOR'I~~tLY LIIVE OF LIGHTw00D 1Q10T CANAL. HAYING A WIDTH
OF 50.00 FEET: THENCE RUN SOUTH Sl •3921' EAST. ALONG SAID NORTF~RLY LIIdE,
A DLSTANCE OF 68.71 FEET TO A POIIVT ON THE NORTH LII1E OF LOT 19 OF SAID
SLAVIA COLONY COMPANY'S SUBDMSION; THENCE. DEPARTII~IG SAID
NORTF~RLY LII~1E OF LIGHTW0o0 KNOT CANAL. RUN NORTH 89.4620• WEST,
ALONG THE NORTH LIIVE OF LOTS 19 AND 18 OF SA1D SLAViA COLONY COMPANY'S
SUBOMSION. A DISTANCE OF 97'2.95 FEET; THENCE. DEPARTII~IG SAID NORTH I.II1E.
RUN SOUTH 00.3S1T EAST. A DISTANCE OF 668.82 FEET TO THE POIIYf OF
BEGII~INII~10'.
AND TOGETHER Wfff•L•
A PORTION OF SECTION 20. TOWNSHIP Z1 SOUTH, RANGE 31 EAST. HEIIdG MORE PARTICULARLY
OESCRII3ED AS FOLLOWS:
COI~II~fENCE AT THE NORTHWEST CORNER OF SAID SECTION 20. FOR A POII11' OF
REFERENCE; THENCE RUN NORTH 89.58'42' EAST. ALONG THE NORTH LII~JE OF SAZD
SECTION 20. A DL4fANCE OF 1332.41 FEET TO THE NORTHWEST CORNER OF LOT 43.
OF TIC AFORESAID SLAVIA COLONY COIV~ANY'3 SUBDIVISION. THENCE.
DEPARTIIdG SAm NORTH LIIdE OF SECTION 20. RUN SOUTH 00.48'20• EAST. ALONG
THE WEST LII~1E OF LOTS 43 AND 44. OF SAID SLAVIA COLONY COMPANY'S
SUBDMSION. A DLSTANCE OF 835.41 FEET TO THE POII1f OF HEGII~INII~IG: THENCE
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COIVI'IIviJE ALONG SaID WEST ~:~E, SOLTrI00•s.8'20' EAST, a DISTAI`1CE OF x93.62
FEET TO THE SOUTHWEST CORNER OF SAID LOT 44; THE'~1CE. DEPARTING SAlp
WEST LL"~JE. RUN SOUTH 89.58'S~' EAST, ALONG THE SOUTH I,~ OF g,e~ LOT 44,
A DISTANCE OF 667.25 FEET TO THE NORT-s~gST CORNER OF LOT 45 OF SAID
SLAVIA COLONY COMPANY'S SL'HDIVISION: Th'E~1CE. DEPARTIIdG SAID SOUTH
LIIdE, RL'N SOUTH 00.51'01' EAST. ALONG T-riE EAST I.LyE OF LOTS 45 AND 46 OF
SAID SLAVIA COMPANY'S SUBDIVISION, A DISTANCE OF 1279.50 FEET TO A p0~
oN THE EXISTING No1tTHERLY RIGHT-0F-WAY LII~1E OF RED HUG ROAD, WHICH
HAS A VARYII~G RIGHT-0F-WAY WIDTH: THaICE, DEPARTING SAID EAST LII~1E, RUN
ALONG SAID NORTHERLY RIGHT-OF-WAY t.L'vE NORM gg•~28•. A DISTANCE OF
334.13 FEET; THENCE DEPARTII~IG SAID NORTI-~RI„Y RIGHT-OF-aIAy ~ R~
NORTH 00•x9'40• WEST. A DSSTANCE OF 439.30 FEET; THENCE RUN SOUTH 42.19'05'
WEST. A DLSTANCE OF 488.49 FEET TO A POINT ON TFg WEST LIl~JE OF LOT 46 OF
SAID SLAVIA COLONY COMPANY'S SL'HDMSION: TF~NCE RUN SOUTH 00.4.82p•
EAST, ALONG SAID WEST LL*1E. A DLSTANCE OF 77.73 FEET TO THE AFORESAID
F.JdSTII~IG NORTHERLY RIGHT•OF-WAY LL~1E OF RED HUG ROAD; THENCE RUN `
ALONG SAID NORTHERLY RIGHT-OF-WAY LL~1E THE FOLLOwIIVG COURSES AND
DLSTANCES: THENCE RUN NORTH 89.5628• WEST. A DSSTANCE OF 66825 F tE T :
THENCE RUN SOUTH 00.45'39' EAST. A DISTA,~ICE OF 35.00 FEET; THENCE RUN
NORTH 89.56'28• WEST. A DSSTANCE OF 668.28 FEET TO A POII~1T ON THE WEST LII1E
OF LOT 65 OF SAID SLAVIA COLONY COMPANY'S SUBDIVISION. SAID POINT ALSO
HEII~IG ON THE EAST LIIdE OF A PARCEL OF LAND, RECORDED 1TI OFFICIAL RECORDS
BOOK 691. PAGE 637.OF THE AFORESAID PUBLIC RECORDS; THENCE. DEPARTII~JG
SAID NORTHERLY RIGHT-OF•wAY I.II1E. RUN NORTH 00•aYS8• WEST. ALONG THE
WEST LII~1E OF LOTS 65, 64 AND 61. A DISTANCE OF 1816.12 FEET; THENCE-
DEPARTII~IG SAID WEST LIIdE. AND SAID EAST LII1E OF SAID PARCEL OF LAND
RECORDED III OFFICIAL RECORDS HOOK 691. PAGE 637, RUN NORTH 89.17'02' EAST,
A DISTANCE OF 155.00 FEET: THENCE RUN SOUTH 56.12'58 EAST. A DLSTANCE OF
190.00 FEET: THENCE RUN SOUTH 83.59'55• EAST. A DLSTANCE OF 169.67 FEET;
THENCE RUN NORTH 42.32'02• EAST. A DISTANCE OF 175.00 FEET; THENCE RUN
NORTH 89•iT03• EAST. A DLSTANCE OF 120.00 FEET; THENCE RUN SOUTH 72•x2'55•
EAST. A DLSTANCE OF 85.93 FEET; THENCE RUN NORTH 89.17'02• EAST, A DLSTANCE
OF 531.89 FEET TO THE POIIVT OF HEGIIINII~IG.
THE ABOVE DESCRIBED PARENT PARCEL OF LAND CONTAII~IS 496.860 ACRES. MORE OR LESS.
LESS:
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THAT PORTION OF THE FOLLOWIIJG DESCRIBED RIGHT-0F-WAY FOR STATE ROAD 417 THAI LIES
W1TfID1 THE ABOVE DESCRIBED PARENT PARCEL
CObA~NCII~JG AT TIC SOUTHEAST CORNER OF SAID SECTION 17; THENCE S 89.4T50• W
ALONG THE SOUTHERLY LIIYE OF SAID SE 1/4. A DLSTANCE OF 5'7203 FEET TO A POIIVT
BE1rtG THE POII+fi' OF BEGIIVNIIdG: THENCE CONTII~1tTII~IG S 89.4T50• w ALONG TH8
SO[JTFIERLY LII~ OF SAID SE i/4, A DISTANCE OF 1090.x9 FEET To A POII~1'T; THENCE
LEAVII~fG THE SOtTi'f~RLY LII~JE OF SAta SE 1/4. N 05.51'37• E. A DLSTANCE OF 174.11 FEE?
TO A POQ~1T: THENCE N 74.4T07 W.• A DISTANCE OF 113.07 FEET TO A POII,1'i': THENCE N
87.30'44• W, A DISTANCE OF 39059 FEET TO A POIIVT: THENCE N 80.08'06 W, A OLSTANCE OF
111.72 FEET TO A POIIVT: THENCE N 00.26'50 W A QISTANCE OF 170.00 FEET TO A POII1f:
THENCE N 86.07'09 E. A DISTANCE OF 300.90 FEET TO A POII1i': THENCE N 75.09'40 E. A
DISTANCE OF 136.93 FEET TO A POIIYf; THENCE N 31 •SSS4• E. A DISTANCE OF 15321 FEET
TO A POIIYT: THENCE N 13.20'52• E. A DISTANCE OF 19115 FEET TO A POII~1'; THENCE N
09.3839' E•. A DISTANCE OF Z7S37 FEET TO A POII~JT; THENCE ALONG A CURVE CONCAVE
SOUTf~A.STERLY AN ARC OLSTANCE OF 560.89 FEET (SAID CURVE HAVII~IG A RADRJS OF
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fOR MICROfllMIN
640.00 FEET. A CENTRAL ANGLE OF SO't2'.~9', AND A CHORD BEARING AND DISTANCE OF
N 34'.U'04' E. 543.11 FEET) TO A POINT; TIiENCE N 59'51'21- E. A DISTANCE OF 348.93 FEE!
TO APOINI'; nmNCEALONGAct."R.VE CONCAVE NORTHWE:S~Y A..'i ARC DISTANCE OF
620.79 FEET (SAID CURVE HAVING A RADrus OF &50.00 FEET. A CENI'RAL ANGLE OF
41-50'43-, AND A CHORD BEARING AND DISTANCE OF N 38'56'07" E. 607.08 FEET) TO A POINT;
THENCE N 18'00'45' E. A DISTA..'iCE OF 125.70 FEET TO A POINI'; THENCE S 65'Ono- E. A
DISTANCE OF 60.17 FEr TO APOINI'; mENCE N 2,4'52'30- E. A DISTANCE OF 130.00 FE!! TO
A POINT; mENCE N 30'11'15' W, A DISTANCE OF 120.06 FEET TO A POINT; THENCE N
20'51'49" E. A DISTANCE: OF 111.94 FEET TO A POINI' ON mE EASTERlY tH OF SAID NE 1/4,
THENCE S 00'47'59' E. A DISTANCE OF 564.17 FEET TO A POINT BEING THE NE CORmR. OF
THE SE 1/4 OF SAID SEcnON 17; niENCE ALONG nm EASTERlY LINE OF SAID SE 1/4, S
00'59"36' E. A DISTANCE: OF 484.46 FEET TO A POINI'; niENCE LEAVING mE SAID EASTERL Y
LINE OF SAID SE 1/4, N 70'16'15' W, A DISTANCE OF 150.23 FEET TO A POINI'; THENCE S
19'4)'45' W, A DISTANCE: OF 130.00 FEn TO A POINT; THENCE S 23'17'55' E. A DISTANCE OF
36.16 FEET TO A POINT; THENCE S 07'55'20' W, A DISTANCE OF 102.61 FEET TO A POINT;
THENCE S 11'23'56' W, A DISTA..\lCE OF 902.33 FEET TO A POINT; THENCE S 10'34'09' W, A
DISTANCE OF 308.38 FEr TO A POINI'; THENCE S 01'01'49' W, A DISTANCE OF 100.77 FEET
TO APOOO; mENCE: ALONG A Ct1tVE CONCAVE NORTHEASTERlY AN ARC DISTANCE OF
377.07 FEr (SAID CURVE HAVING A RADrus OF 262.00 FEET, A CENI'RAL ANGLE OF
82-:7'32', Al'm A CHORD BEARING AND DISTANCE: OF S 39'04'57' E. 345.36 FEET) TO A POINT;
THENCE S SO'18'43' E. A DISTANCE OF 119.86 FEET TO A POOO; THENCE S 18'18'16' E. A
DISTANCE OF 101.45 FEET TO A POINT; niENCE S 71'59'29" E. A DISTANCE OF 332.86 FEET TO
APOOO; mENCE S 09'14'$8' w. A DISTANCE OF 220.00 FEET TO A POINT; THENCE N 86'50'19"
W, A DISTANCE OF 326.93 FEr TO A POINT; THENCE N 82'53'52' W, A DISTANCE OF 197.3i
FEET TO A POINT; THENCE S 15'40'41' W, A DISTANCE OF 83.60 FEET TO A POIm; mENCE
S 00'57'24' E. A DISTANCE OF 73.33 FEET TO A POOO; nmNCE S 89'47'50' W, A DISTANCE OF
111.87 FEET TO A POOO; mENCE S 40'04'59" W, A DISTANCE OF 19.66 FEET TO A POINT
BEING THE POINT OF BEGINNING;
THAT PORnoN OFnm ABOVE DESCRmED RIOHI'~F,WA Y FOR STATE ROAD 417 mAT UES WITHIN
THE AFORESAID PARENT PARCEL CONTAINS 39.159 ACRES, MORE OR LESS.
AND ALSO LESS:
THAT PORTION OF THE FOLLOWING DESCRIBED RIGHI'.oF.WA Y FOR STATE ROAD 417 mAT UES
wrmIN THE ABOVE DESClUBEO PARENT PARCEL.
A PARCEL OF lAMJ LOCATED JNmENI 1/4 OF SECTION 20. TOWNSHIP 11 SOUTH. RANOE 31 EAST.
SEMINOLE COtJNI'Y.fLORJDA.SEINO ALSO mAT PART OF LOTS 33 AMJ 34 ACCORDING TO SLA VIA
COLONY CO'!. SUBDMJION RECORDED IN PUT BOOK 1. PAQE 11. OF nm PtJBUC RECORDS OF
SEMINOLE COUNTY. FLORIDA. LYING WITHIN mE FOU.OWING BOUNDARIES DESCRIBED AS
FOLLOWS:
COMMENCJNQ AT nEEAST 1/4 CORNER OF SAID SECTION ~ nmNCE S ,,.4846' W ALONG
mE SOUIBERLYIJNB OF SAID NllI4.A DISTANCE OF 1401.1% FEET TO A POINr BEING THE
POINT OF 8EGJNNJNct THENCE CONmMNG S .-46'46' W ALONG nm SOUTHERLY UN!
OF SAID NE 114. A DISTANCE OF 149.71 PET TO APOINr~ 1HENCI tBA VING THE SOUTHERLY
LINE OF SAID HE 114, N U.U'30- Eo A DISTANCI OF 55.44 FEET TO A POINt' ON THE
NORnmRLY lUGHI'~F.WAY UNE OF RED BUG LAD ROAD (100 FOOTRIOHr.oF.W,\ Y LINn
nmNCE ALONG SAID NOR1HERL Y RIOHr.QF.WAY LINE S ".oW W. A DISTANCE OF 114.dO
fEET TO A POINt' ON THE EA.STElU.Y RIGHT-oF.WAY LJNE OF TATRA. STREET (JO Foor
RIGHT-oF.WAn THENCE LEAVING SAID NORnmRL Y RIGHT-oF.WAY LH ALONG SAID
EASTERLY RIOHr.oF.WAY LINE N 01'01'30" W. A DISTANCE OF 22.10 FEET TO,\ POIN1'~
niENCE LEAVING SAID EA.STE:RL Y RIOHI'~F.WA Y UNE N 26'34'2&'" E. A DISTANCE OF 957.77
4 of 5
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FOR C~IICRGFILi~"~Iw(1
FEET TO A POINT: Th'ENCE N 27.05'36' E, A DLSTANCE OF S00.Z2 FEET TO A POINT; TF~NCE
'
N 21.4T55
E. A DISTANCE OF 400.78 FEET TO A POINT; T-r~CE N 16.50'39• E, A DISTANCE
OF 7.02.24 FEET TO A POII1I'; TF-~*1CE N 08.40'33• E, A DLSTANCE OF 417.61 FEET TO A POL*1T;
•
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THENCE N of
w, A DLSTANCE OF 156.52 FE`T TO A POII1T: THENCE N 05.5137• E
A
,
DLSTANCE OF 160.98 FEET TO A POINT ON THE NOR'I~-~RLY LIIVE OF SAID NE 1/4; Tf~CE , J
N 89.4T50• E ALONG THE NORTHERLY L~1E OF SAID NE 1/4, A DISTANCE OF 1090.89 FEET T~, '.A ~
A POINT: THENCE LEAVING THE NORTHERLY LL~1E OF SAID NE 1/4, S 40.04'59• w, ~ ~ o'n
DLSTA,~ICE OF 788.55 FEET TO A POINT: THENCE S 56•Z0'20• w, A DISTANCE OF 116.62
TO A POINT: TF~1CE S 34.2TSS• w, A DLSTANCE OF 506.36 FEET TO A POIIdT'
THENCE ~ ~~_
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25.22'30• w, A DLSTANCE OF 1300.00 FEET TO A POINT; THENCE S 21.20'ZZ• w, A DLSTAN~
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OF 388.65 FEET TO A POII1T ON THE NOR
I
f~RLY RIGHT-0F•aVAY I.II~IE OF SAID RED BU
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LAKE ROAD: Tf~NCE S 89.46'46• w ALONG SAID NORTI~FFtLY RIGHT-OF-wqy ~
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DISTANCE OF 166.11 FEET TO A POII1I': TF~ICE LEAVII~IG SAID NORTHERLY RIGHT-0F-wAY, vo
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LII~tE S ZS •220' w, A DISTANCE OF 55.44 FEET TO A POINT BEII~1G TIC P0II1I' OF HEGIIdNII~1~ w ~ N
THAT PORTION OF THE ABOVE DESCRIDED RIGHT-0F-wAY FOR STATE ROAD at7 THAT L.ZES wTI'F~J
THE AFORESAID PA,RE.*1T PARCEL C0NTAIl~IS 7.413 ACRES, MORE OR LFSS.
AND ALSO LESS:
THAT PORTION of RED HUG LASS ROAD RIGHT-of-wAY, ACCORDQ~IG TO RIGHT-OF-wAY AND
RESERVATION MAP HOOK 2- PAGES 56 THROUGH 90 OF TI-s'E PUHUC RECORDS OF SEMINOLE
COUNTY. FLORIDA. THAT LIES wITFID1 THE PARENT PARCEL OF LAND.
'THOSE PORTIONS OF THE ABOVE SAID RED HUG LAKE ROAD RIGHT-0F-wAY THAT L.ZF wlTftat THE
AFORESAID PARENT PARCEL CONfAII~1 15.126 ACRES. MORE OR LESS.
THE ABOVE DESCRIDED PARCEL OF LAND L1FS IId SEMII~IOLE COUNTY, FLORIDA AND CONTAIIIS
435.162 ACRES. MORE OR LESS.
Sov~e: ProjsrJiara! En~inserrn8 Constrltmur. Inc
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. AppreYed Dpelopmellt.
· · · · · · Soreen Wall and Development' Kestrictic
Proper1:Y
~ Winter Sprina' AnnexaUon Parc.1
Oviedo
Exhibit
B
Crossing
The Vlen CompUl7
Applicant
ClatUll&' laeDoll ICercber AqI1ll Lop" Rlllebut, ..,....Oll.. Ellllneerilll COlleultalltll. Illo.
Project l.fanCl9er /Transportation Planner Project Engineer
OVIEDO
CROSSING
LowIld.. Dro.cliek Do.ter Kalltor Ie R..d, PA
Legal Counsel
K.YlIl L. Erwill COlllUlUq loololf.t
Enwanmental Scientist
1200
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This instrument was prepared by
and should be returned to:
Aaron J. Gorovitz, Esquire
Lowndes, Drosdick, Doster, Kantor
& Reed, Professional Association
215 North Eola Drive
Orlando, Florida 32801
(407) 843-4600
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DECLARATION OF COVENANTS AND RESTRICTIONS
THIS DECLARATION OF COVENANTS AND RESTRICTIONS is made this
day of , 199_, by THE VIERA COMPANY, a Florida corporation (hereinafter,
"Viera") and ROUSE-ORLANDO, INC., a Maryland corporation (hereinafter, "Rouse").
WIT N E SSE T H:
WHEREAS, the City of Oviedo, a municipal corporation organized and existing under
the laws of the State of Florida (hereinafter, "Oviedo") entered into an Agreement with Viera
and Rouse dated November 21, 1994, which agreement contemplated that a regional shopping
center would be developed on land which at the time of the Agreement was located in
unincorporated Seminole County (hereinafter, the "Mall") and that such land, together with
contiguous land thereto, would be annexed into Oviedo, all as more particularly described
therein; and
WHEREAS, the Mall was and is a portion of a larger project which is a Development
of Regional Impact (hereinafter, "DRI"); and
WHEREAS, the City of Winter Springs, a municipal corporation organized and existing
under the laws of the State of Florida (hereinafter, "Winter Springs") is the grantee of a ten
(10) foot conservation easement pursuant to that certain Easement between Winter Springs
Development Joint Venture and Winter Springs recorded September 17, 1993, in Official
Records Book 2648, Page 0039, Public Records of Seminole County, Florida (hereinafter, the
"Conservation Easement"; the lands subject to the Conservation Easement are described more
particularly in Exhibit "A" attached hereto and incorporated herein and are hereinafter referred
to as the "Conservation Easement Area"); and
WHEREAS, Winter Springs and Oviedo and Viera and Rouse (hereinafter, collectively,
the "Parties") entered into that certain Settlement Agreement dated March 24, 1995, which
agreement the Parties later amended and replaced by entering into that certain Amended
Settlement Agreement dated , 1995 (hereinafter, the "Settlement Agreement");
and
2089S8\SCIMECMD
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WHEREAS, the Settlement Agreement contemplated the construction by Viera and
Rouse of a Bridge Road, more particularly described therein, connecting the DR! project via a
bridge over the Central Florida Greeneway to State Road 426 (hereinafter, the "Bridge Road"~
in lieu of a previous plan which did not include the Bridge Road but rather contemplate~
construction by Viera and Rouse of a road to the North of the DR! project providing diredir.
access to Winter Springs Boulevard over and across the Conservation Easement Area; and ~
rT1
("")
WHEREAS, the Settlement Agreement requires Viera and Rouse to execute and recorcP
in the Public Records of Seminole County, Florida, this Declaration of Covenants an<\3!
Restrictions encumbering the portion of the DR! project owned by them on this date; and
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WHEREAS, Viera and Rouse have executed this Declaration of Covenants and
Restrictions pursuant to the Settlement Agreement and to fulftll part of their obligations
thereunder;
NOW THEREFORE, VIERA and ROUSE declare as follows:
1. RECITALS. The above recitals are true and correct and are incorporated herein
and made a part of this Declaration of Covenants and Restrictions. As of the date hereof, Viera
and Rouse own the portion of the DR! project depicted on Exhibit "B" (the "Viera and Rouse
Property").
2. RESTRICTIONS ON USE OF CONSERVATION EASEMENT AREA.
Viera, Rouse, their successors and assigns, and any successors-in-title to the Viera and Rouse
Property covenant and agree not to construct roads or other improvements within the portion of
the Conservation Easement Area located west of the Central Florida Greeneway and depicted
on Exhibit "C" attached hereto, without the prior written consent of Winter Springs.
3. BINDING EFFECT. The terms, agreements, covenants and restrictions set
forth herein shall run with title to the Viera and Rouse Property.
IN WITNESS WHEREOF, the Viera and Rouse have executed this Declaration of
Covenants and Restrictions on the date and year set forth hereinabove.
In Witness Whereof:
THE VIERA COMPANY, a Florida
corporation
Printed:
By'
NamP'
It~.
Printed:
7380 Murrell Road, Suite 201
Viera, Florida 32940
208958\SCIMECMD
2
. ,•.
WHEREAS, the Settlement Agreement contemplated the construction by Viera and
Rouse of a Bridge Road, more particularly described therein, connecting the DRI project via a ::" •J
bridge over the Central Florida Greeneway to State Road 426 (hereinafter, the "Bridge Road"fin r ~ ~o
in lieu of a previous plan which did not include the Bridge Road but rather contemplate~~ `'~ °~='
_ cn r,
construction by Viera and Rouse of a road to the North of the DRI project providing direct ~
access to Winter Springs Boulevard over and across the Conservation Easement Area; and ~° ~
cY- ,v
~ rn
WHEREAS, the Settlement Agreement requires Viera and Rouse to execute and record° ~ v~
in the Public Records of Seminole County, Florida, this Declaration of Covenants ands o cso
Restrictions encumbering the portion of the DRI project owned by them on this date; and ~~ `'~`J'
WHEREAS, Viera and Rouse have executed this Declaration of Covenants and
Restrictions pursuant to the Settlement Agreement and to fulfill part of their obligations
thereunder;
NOW THEREFORE, VIERA and ROUSE declare as follows:
1. RECITALS. The above recitals are true and correct and are incorporated herein
and made a part of this Declaration of Covenants and Restrictions. As of the date hereof, Viera
and Rouse own the portion of the DRI project depicted on Exhibit "B" (the "Viera and Rouse
Property").
2. RESTRICTIONS ON USE OF CONSERVATION EASEMENT AREA.
Viers, Rouse, their successors and assigns, and any successors-in-title to the Viera and Rouse
Property covenant and agree not to construct roads or other improvements within the portion of
the Conservation Easement Area located west of the Central Florida Greeneway and depicted
on Exhibit "C" attached hereto, without the prior written consent of Winter Springs.
3. BINDING EFFECT. The terms, agreements, covenants and restrictions set
forth herein shall run with title to the Viera and Rouse Property.
IN WITNESS WHEREOF, the Viera and Rouse have executed this Declaration of
Covenants and Restrictions on the date and year set forth hereinabove.
In Witness Whereof:
Printed:
Printed:
208958\SCIMECMD
THE VIERA COMPANY, a Florida
corporation
By•
Name
Its
7380 Murrell Road, Suite 201
Viera, Florida 32940
2
.. .,.~..,
~. r J
ROUSE-ORLANDO, INC., a Maryland
corporation
By'
NamP'
It!:.
1"V
eft \.0 ~~
rr1 U1 0""
:J: (..n :x n
5! :t:-
FI r-
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Printed:
Printed
10275 Little Patuxent Pkwy.
Columbia, Maryland 21044-3456
STATE OF FLORIDA
COUNTY OF
PERSONALLY APPEARED before me, the undersigned authority,
well known to me to be the of The Viera
Company, and he acknowledged before me that he executed the foregoing instrument on behalf
of the corporation, and that he is authorized to do so.
WITNESS my hand and official seal this _ day of
,1995.
(SEAL)
Notary Public
NamP'
My Commission Expires:
STATE OF FLORIDA
COUNTY OF
PERSONALLY APPEARED before me, the undersigned authority,
well known to me to be the of Rouse-Orlando,
Inc., and he acknowledged before me that he executed the foregoing instrument on behalf of the
corporation, and that he is authorized to do so.
WITNESS my hand and official seal this _ day of
, 1995.
(SEAL)
Notary Public
NamP'
My Commission Expires:
2089S8\SCIMECMD
3
ACKNOWLEDGMENT
The undersigned acknowledge that Exhibits "A," "B," and "C" attached hereto are the
Exhibits "A," "B," and "C" to the Declaration of Covenants and Restrictions by The Viera
Company and Rouse-Orlando, Inc. referenced in the Amended Settlement Agreement between
the City of Oviedo, the City of Winter Springs, The Viera Company and Rouse-Orlando, Inq"
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Exhibit A
. n Easement
0, Conservatlo
I ,
Oviedo
.
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The Viera ColllJllll1
AppIiaat Aaglia Lopez RInehart, IDe.
GlattiDg JackJoa I~ PIa8Iler
Project Muaprlfrmplllll "A
Doster laotor 61 Reed, r
Lowocles Drosdld
I.cpl ColIIIIeI
Coasullaots, Ioe.
Proreuloaal Eogloeerlog
Project Eap.r .
L EnriD Coasultiog F.coIogist
levlo .
Ea.iroamcalll ScieullSl
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Exhibit B
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C)
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\..tU\\1\\"\\'< Qt\\..W\\~U
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Legend
------- Property Boundary
Wetland Conservation Area
. Approved Development
Source: GlattiDJ 1.._ Kercher AqIin Lopez Rlaelwl, bu:.
,..-...-..------ ...-,,--------.....--..-......
...-......-..----....--......---".....-.......,-
"'-.-.-----..-...---
-,,--....-...-....-
..-...---......-
Master Development Plan
Map H I
OVIEDO
CROSSING
The Viera Compuy
AppIi<aat
Glattlq Jlcboa Kerd1er ADgIiD Lopez RiDebIrt, Ine.
Project Mwprf['raaaponalillll PlIImer
Lowndes Drosdkt Doster Kantor &: Reed, PA
LcpI 0IaaaeI
Prorealonll Engineering CollSllltull, Ine.
Project fla&ineer
Knill L EnriD Consn1t1ng Ecologist
BnYiroamealll &ientist
Revloed la11 1995
R.oIIed December 19M
October l>>4 North
100 1200
-',
( ;.. ,.
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Exhibit C
to' Conservation Easement
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The VIera ComJllll7
AppIicut
Glattlq JaWoD Kercher AllgIiI Lopez RIutIw1, IDe.
Project MlaaprrrlllllpOlllliaa PIaaacr
Loncles DraIdIc:k Doster Kantor " Reed, P A
Lep! CouIIIeI
Professlonl EaglaeeriDg CollSlltaDts, IIIC.
Projec:l~
Kevht L. Enria CoasuIliag Ecologist
f,a,iroameatal SciclltiIt
OVIEDO
CROSSING
Scale ill Feet
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CLERK RG t?g7.3~:379
to ERK
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