Loading...
HomeMy WebLinkAboutViera Company, Rouse-Orlando, City of Oviedo & Winter SpringsAGREEMENT THIS AGREEMENT (hereinafter referred to as the "Agreement ") is made as of this ThP day of gpeo. 1994 by and between the CITY OF OVIEDO, a municipal corporation organized and existing under the laws of the State of Florida (hereinafter referred to as the "City"), and THE VIERA COMPANY, a Florida corporation (hereinafter referred to as the "Developer "), and ROUSE - ORLANDO, INC., a Maryland corporation qualified to transact business in Florida (hereinafter referred to as the "Mall Developer "). WITNESSETH: WHEREAS, the Developer holds legal title to approximately 190 acres of property situated in Seminole County, Florida more particularly described in Exhibit "A -11', attached hereto and incorporated herein by reference (hereinafter referred to as the "Property"), and the Mall Developer holds equitable title to a portion of the Property; and WHEREAS, the Property is a part of a larger tract of real property described on Exhibit "A­2% , attached hereto and incorporated herein by reference (hereinafter referred to as the "Parent Tract "), which Parent Tract has been approved for a large mixed -use development pursuant to the provisions of Section, 380.06, Florida Statutes; and WHEREAS, the Mall Developer intends to develop a portion of the Property for an approximately 1.2 million square foot (gross leasable area) regional shopping center (hereinafter referred to as the "Regional Mall "), and the Developer intends to develop the balance of the Property. All the parties desire to annex the Property into the City; and WHEREAS, the City has encouraged the Developer and the Mall Developer to annex the Property into the City. The City acknowledges the myriad of benefits which the City will receive by virtue of annexing the Property. Such benefits include, without limitation, employment opportunities, economic development, and the collection of impact fees, taxes and assessments; and WHEREAS, the City has determined the development proposed for the Property to be of substantial economic benefit to the City and its citizens, and the City has determined that it is feasible to provide and to extend certain municipal services to the Property, all in accordance with the terms hereof; and WHEREAS, the City desires to ensure that the development of the Property and adjacent City land uses are compatible with surrounding land use, that adequate public facilities exist concurrent with the impacts of such development, that such development and the City's Comprehensive Plan are consistent, and that such development and the City's land development regulations as the same are to be in effect at the time of development, as provided herein, are consistent; and WHEREAS, subject to the terms and conditions hereinafter set forth, the Developer and the Mall Developer shall petition for annexation of the Property into the City; and WHEREAS, in order to fulfill the City's overall transportation plan as contemplated by the City's Comprehensive Plan, a right -of -way over the Affected Easement Area (as defined hereinafter) must be acquired either through negotiation or condemnation proceedings, or there must be a final unconditional judicial determination that the Easement (as defined hereinafter) is invalid, null and void; and WHEREAS, the City is authorized to enter into development agreements with developers; and WHEREAS, the purpose of this Agreement is to set forth the understanding and agreement of the parties with respect to the foregoing and other matters as set forth herein. NOW THEREFORE, for and in consideration of the mutual covenants and agreements contained herein and other good and valuable consideration each to the other provided, the parties agree as follows: 1. RECITALS. The above recitals are true and correct and are incorporated in this Agreement by this reference. 2. DEFINITIONS. The parties agree that in construing this Agreement, the following words, phrases and terms shall have the following meanings and definitions unless the context indicates otherwise: 2.1 "Comprehensive Plan" shall mean and refer to the City's adopted comprehensive plan meeting the requirements of Chapter 163, Florida Statutes, as the same may be amended from time to time. 140015 \ETAYOKM 2 2.2 "Comprehensive Plan Designation" shall mean and refer to the designation for the Property on the County's adopted Comprehensive Plan meeting the requirements of Chapter 163, Florida Statutes. 2.3 "Coun " shall mean and refer to Seminole County, Florida, a political subdivision of the State of Florida. 2.4 "DRI" shall mean and refer to a development of regional impact, as provided in Section 380.06, Florida Statutes. 2.5 "DRI Development Order" shall mean and refer to the existing Development of Regional Impact Development Order for DLI Properties executed by Developer and Seminole County, dated March 10, 1990 and recorded March 20, 1990 in Official Records Book 2162, Page 1612, Public Records of Seminole County, Florida, as amended on June 2, 1993. 2.6 "Land Development Regulations" shall mean and refer to the City's Land Development Code and other applicable regulations or ordinances of the City applicable to the development of the Property. 2.7 "Land Use Approvals" shall mean and refer, collectively, to the DRI Development Order, the Comprehensive Plan Designation, the PD Zoning, and those other permits and development orders (as that term is defined in Section 163.3164(6), Florida Statutes) which have been or will be issued with respect to the Property and sufficient to allow development of the Project. 2.8 "Master Plan 1 " shall mean and refer to the master plan reflecting the current Land Use Approvals, a copy of which is set forth in Exhibit "B" attached hereto and incorporated herein by reference. 2.9 "Master Plan 2" shall mean and refer to the Developer's draft revised master plan for the development of the Property prepared by Glatting Jackson Kercher Anglin Lopez Rinehart, Inc. marked Map "H," a copy of which is set forth in Exhibit "C" attached hereto and incorporated herein by reference, as amended as provided hereinafter. 2.10 "PD Zoning" shall mean and refer to the PD for DLI Properties together with the Seminole County Development Order dated March 13, 1990, as amended from time to 14001 S \ETAYOKM 3 time, and the PD Commitments Agreement between The Viera Company (formerly known as DLI Properties, Inc.) and the County dated November 5, 1990, as amended from time to time. 2.11 "Pending Plans" shall mean and refer to all development plans and applications submitted to the County with respect to the Property as of the date that the annexation of the Property into the City described in hereinafter becomes final. 2.12 "Project" shall mean and refer to the Developer's and the Mall Developer's intended mixed -use development of the Property in accordance with Master Plan 2. District. 2.13 "WMD" shall mean and refer to the St. Johns River Water Management Except as defined herein, other terms shall have the same meanings and definitions as set forth in the Florida Local Government Development Agreement Act. 3. CONDEMNATION. There exists a certain alleged "Conservation Easement" between Winter Springs Development Joint Venture, a Florida general partnership, and the City of Winter Springs, Florida which was recorded September 17, 1993 in Official Records Book 2648, Page 0039, Public Records of Seminole County, Florida (hereinafter referred to as the "Easement "). The parties recognize and agree that numerous public purposes will be achieved if the City (i) condemns for a public right -of -way the portion of the alleged easement area (hereinafter referred to as the "Affected Easement Area ") over which the road generally depicted on Exhibit "D -1" attached hereto and made a part hereof (hereinafter referred to as the "Road ") transects the Easement, and the Road is then constructed, or (ii) obtains a final unconditional judicial determination that the Easement is invalid, null and void, and the Road is then constructed. The City further recognizes that use of the Affected Easement Area for public right -of -way purposes would be for a public purpose of greater importance (i.e. a public right- of -way) than any purpose allegedly served by the Easement. On or before December 5, 1994, the City shall consider adoption of a resolution (hereinafter referred to as the "Resolution ") authorizing the City to initiate condemnation of the Affected Easement Area. The Resolution may also authorize the City to assert any other claims or actions (such as, without limitation, an action for declaratory judgment that the alleged Easement is invalid, null and void) as the City Council deems necessary to ensure that a roadway and related facilities may be constructed across the Affected Easement Area. 140015 \E7AYOKM 4 Within forty-five (45) days after the City approves the Resolution (or such longer time, not to exceed seventy-five (75) days, as is necessary to ensure that all required waiting and alternative dispute resolution periods have lapsed), the City shall file an action in the circuit court of appropriate jurisdiction to condemn the Affected Easement Area and shall diligently prosecute such condemnation action to completion. Such action may also assert other claims, as described above. The condemnation action (and all appeals) shall be completed by the City so that the Affected Easement Area can be a part of a public right -of -way, which right- of -way shall provide vehicular and pedestrian access from State Road 426 to Red Bug Lake Road, generally in the configuration shown on Exhibit D -2 attached hereto. 4. APPROVAL OF DEVELOPMENT PLAN. The City acknowledges that the Developer intends to process amendments to the DRI Development Order in accordance with the provisions of Section 380.06(19), Florida Statutes, and to certain other Land Use Approvals, including without limitation the PD Zoning (together, hereinafter referred to as the "Amendments "). Further, the Developer intends to obtain approval for a development plan which is substantially similar to the development plan depicted in Master Plan 2. The parties acknowledge and agree that when the Developer processes the Amendments, the Developer might modify Master Plan 2. The City further expressly finds and acknowledges that the proposed land uses, building intensities and heights of the buildings planned for the Project, as set forth in the DRI Development Order, the Land Use Approvals, Master Plan 1 and Master Plan 2 are consistent with and further the goals and objectives of the City. Upon annexation of the Property into the City, the City intends to amend the Comprehensive Plan and its Land Development Regulations to accommodate development of the Project (including without limitation the Regional Mall) as authorized by the Substantial Deviation described above and the amendment to the DRI Development Order as reviewed by the East Central Florida Regional Planning Council (hereinafter referred to as the "ECFRPC ") and the State of Florida Department of Community Affairs (hereinafter referred to as the "DCA "). 5. PUBLIC FACILITIES. 5.1 Sewer and Water. It is intended that potable water and sanitary sewage utilities service will be provided to the Project by Seminole County. The owner of each parcel 140015 \ETAYOKM 5 within the Property shall obtain from Seminole County capacity for sewer and water services in amounts sufficient to insure that said utilities will be available concurrent with the impacts of development. The City shall timely enter into such interlocal agreements or wholesale service agreements with Seminole County or take such other action as may be appropriate in order to facilitate the timely provision of potable water and sanitary sewer service, in sufficient capacity, to the Project. 5.2 Surface Water Management and Wetlands. a. Stormwater Management. The parties anticipate that the CDD (as defined hereinbelow) shall provide all the stormwater services for the Project (which are generally provided by the City), and therefore the Project shall not need said services, nor shall the Project be subject to the City's stormwater management fees. b. Permits. The Developer has obtained a conceptual surface water management system permit (as amended) for the Parent Tract from the WMD. The Developer has also obtained other permits for components of the surface water management system for the Parent Tract. To the extent permissible under the laws of the State of Florida, the conditions and requirements of WMD permits and such other applicable permits issued as of the date of annexation of the Property into the City as described in Paragraph 6 will be applied to the Project in lieu of and shall control over the City's stormwater management requirements. Further, for those components of the surface water management system for which permits have not been applied for as of the date of annexation, the City agrees to approve those components of the surface water management system, provided the same are consistent with the existing WMD conceptual approval and with applicable WMD regulations. C. We 1 . With respect to the jurisdictional wetlands located on the Property (and other wetlands impacted by the Project), to the extent of a conflict between WMD criteria and applicable City regulations, the City agrees that the jurisdictional limits of wetlands will be determined using the WMD criteria. 5.3 Transuortatlon. a. S u . The Developer and the City acknowledge and agree that it is necessary and desirable to prepare a transportation impact study to determine the transportation improvements, if any, which are necessary to serve the Project. Said study shall 140015 \ETAYOKM 6 be prepared by a professional transportation consultant. The City agrees that the transportation impact study performed in connection with the Amendments, and submitted to and reviewed by the ECFRPC and the DCA, shall be and constitute the study described in this paragraph. Said study shall be submitted to the City and considered and accepted by the City prior to the hearing for the Project before the Project Review Committee of the ECFRPC which will occur in connection with the Substantial Deviation to amend the DRI Development Order. The Developer agrees to be responsible for the costs of said study. b. Construction. The construction of the Road shall be handled as follows: The Developer shall design and construct (or cause to be designed and constructed) the Road and intersection improvements, and then it shall dedicate such improvements (or cause such improvements to be dedicated) to the City. Further, the Developer and /or the Mall Developer shall receive full transportation impact fee credits against all the costs of design and construction as it relates to the City's portion of transportation impact fees. The Mall Developer shall not pay any transportation impact fees for the Regional Mall until such time as it obtains a certificate of occupancy for the Regional Mall. Further, transportation impact fees shall be payable only to the extent transportation impact fees attributable to the Regional Mall exceed the credits for design and construction of the Road and intersection improvements, provided, however, at the Developer's and the Mall Developer's option, all or a portion of the transportation impact fee credits may be used by the developers of portions of the Project other than the Regional Mall. C. Adequate Facilities. Upon acceptance of the transportation impact study by the City (as provided hereinabove), the City acknowledges (i) that the development of the Project (including the Regional Mall) contemplated to be constructed as a portion of the DRI for the Parent Tract, as amended by the Amendments, shall meet and satisfy all the concurrency requirements of the City, and (ii) that all transportation facilities necessary to support the additional traffic impacts generated by the Project will be available concurrent with the impacts of the development. 5.4 Solid Waste. Solid waste collection services are available to serve the solid waste demands generated by the Project. Solid waste disposal facilities are provided by Seminole County and will be available concurrent with the impacts of the development. To the 140015 \ETAYOKM 7 extent necessary, the City shall enter into interlocal agreements and /or other agreements which are necessary to facilitate the provision of solid waste collection services for the Project. 5.5 Education. The Project does not contain significant residential uses which will materially affect the existing educational facilities. 5.6 Parks and Recreation. The Project does not materially impact City parks or recreational facilities. 5.7 Police. Fire and EMS. The City currently has in place and will provide police, fire and EMS facilities, equipment and services necessary to serve the Project. 5.8 Reclaimed Water. The City currently does not have reclaimed water facilities to serve the Project. The Mall Developer, the Developer and the City acknowledge and agree that when said services are available, the City shall provide reclaimed water for the Project, subject to payment of user charges and fees as are charged to similarly situated owners of real property within the City. Notwithstanding anything herein to the contrary, the Developer and the Mall Developer shall not be required to retrofit any facilities they install (or begin installing) in the Project prior to the time reclaimed water is available at the boundaries of the Project in adequate quantities and with adequate pressure to serve the Project. 6. VOLUNTARY ANNEXATION OF PROPERTY BY DEVELOPER. Contemporaneous with execution hereof, the Developer has executed a petition (hereinafter referred to as the "Petition ") to the City to voluntarily annex the Property into the City, and the Developer has delivered the Petition to Stenstrom McIntosh Julian Colbert Whigham & Simmons, P.A., 200 West First Street, Suite 22, Sanford, Florida 32772 -4848 (hereinafter referred to as the "Escrow Agent "), in escrow, subject to the terms and conditions of this paragraph. The City acknowledges that the Petition is acceptable to the City in all respects. If (i) (a) the City successfully completes the condemnation of the Affected Easement Area in the manner set forth in Paragraph 3 hereof and all appeal periods expire without appeal being taken (or if an appeal is taken, it is resolved in a manner acceptable to the Developer and the Mall Developer in their sole discretion) or (b) a court of competent jurisdiction issues a final unconditional order that the Easement is invalid, null and void so that the Road can be constructed, and (ii) the City complies with all the terms and conditions of this Agreement, and (iii) the Developer is successful in obtaining all the Amendments and Land Use Approvals, so 140015 \ETAYOKM 8 that a development plan consistent with Master Plan 2 (and which permits construction on the Property of an approximately 1,200,000 square foot regional shopping center together with all related facilities) is approved by all governmental entities, and (iv) an Amended DRI Development Order (or Development Orders) from all necessary governmental entities, acceptable in all respects (including phasing and conditions) to the Developer and the Mall Developer, each in its sole discretion, are issued without appeal being taken (or if an appeal is taken, it is resolved in a manner acceptable to the Developer and the Mall Developer), and (v) the City commits in a binding written instrument acceptable to the Developer and the Mall Developer in their sole discretion to issue all the Local Development Permits (as defined in Paragraph 7.1 below) in the City's jurisdiction which are consistent with Exhibits "C ", "D -2" and "E" attached hereto and which are required to construct the Regional Mall described above, then the Escrow Agent shall deliver the Petition to the City. The Developer and the Mall Developer acting jointly may, at their sole option, waive any of these conditions in writing and in such writing authorize the Escrow Agent to deliver the Petition to the City. If the foregoing conditions have not been satisfied and the Escrow Agent has not delivered the Petition to the City by November 21, 1996, then at either the Developer's or the Mall Developer's option the Escrow Agent shall deliver the Petition to the Developer whereupon this Agreement shall be terminated. In the event the Escrow Agent is in doubt as to whom it should deliver the Petition, then between December 1, 1996 and December 10, 1996 the Escrow Agent shall deliver the Petition to the Clerk of the Circuit Court of Seminole County, Florida and file an interpleader action. The parties agree that Escrow Agent may serve as escrow agent and, in addition, may represent the City in the interpleader action. 7. LOCAL DEVELOPMENT PERMITS. 7.1 Local Development Permits. The local development permits required to be approved for development of the proposed Project include, but are not limited to, the amendment of the Comprehensive Plan, the amendment to the PD Zoning, a site plan permit, and subdivision, construction, environmental and building permits. Further, building permits are required for the actual construction of the proposed buildings, including structural, electrical, mechanical, and air conditioning. Construction permits are required for the actual construction of on -site or off -site improvements to land, including but not limited to stormwater management 14001 S \ETAYOKM 9 facilities, water and sewer line installations, and right -of -way improvements. All the foregoing together with all other local permits required for development of the Project are hereinafter together referred to as the "Local Development Permits". 7.2 Additional Permits. The Project may be subject to the issuance of permits and approvals (hereinafter referred to as the "Additional Permits ") by State, Federal, or Regional governmental authorities such as the WMD, the U.S. Army Corps. of Engineers, the Florida Department of Environmental Protection, and the Florida Game and Fresh Water Fish Commission. 7.3 Applications. The Developer and the Mall Developer agree to file all required applications (at the appropriate time or times they determine) for required Local Development Permits and Additional Permits. With respect to those filed with the City, the City agrees to process same on an expedited basis even if the annexation and /or the conditions precedent to the annexation of the Property into the City have not been completed. To the extent the Project has already received Land Use Approvals prior to annexation, the City will recognize the continued validity and applicability of said Land Use Approvals as amended by the Amendments (including those issued and to be issued by Seminole County), and the same will take precedence over the land use requirements of the City. In furtherance of the foregoing, the City agrees that following annexation all Land Use Approvals as amended by the Amendments shall be deemed to satisfy and comply with all applicable City ordinances and regulations, and notwithstanding anything herein to the contrary, the Land Use Approvals as amended by the Amendments shall be substituted for and replace corresponding City permits and approvals. The City will implement all processes necessary to formally and legally recognize the continued validity and applicability of the Land Use Approvals as amended by the Amendments including without limitation the execution and filing of all documents required pursuant to Chapters 163 and 380, Florida Statutes. Any Pending Plans filed and approved by another jurisdiction will be deemed acceptable to and approved by the City. The Developer shall pay to the City a fee for review of the Development of Regional Impact Substantial Deviation Application for Development Approval. The City shall retain such portion of the fee as is reasonably attributable to its actual out -of- pocket costs to 14001 S \ETAYOKM 10 review the Application for Development of Approval and process the Substantial Deviation, and shall refund the balance to the Developer at the conclusion of the Substantial Deviation. Except as provided in this Agreement and in Exhibit "E" hereto, the Mall Developer and the Developer agree that following annexation, the development of the Project shall be consistent with the City's Land Development Code in effect on the Effective Date. In the event of a conflict between terms of the Land Development Code in effect on the Effective Date and the Land Development Code in effect at the time of annexation, the terms of the Land Development Code in effect on the Effective Date shall control. 7.4 Other Laws. The failure of this Agreement to address a particular permit, condition, term or restriction shall not relieve the Developer of the necessity of complying with the laws governing said permitting requirement, condition, term or restriction. 7.5 Development Order. Upon annexation of the Property into the City, the City agrees that at the request of the Developer and the Mall Developer, it shall adopt a DRI development order incorporating all rights and obligations of the Developer and the Mall Developer in DRI development orders adopted by Seminole County, Florida. Further, the City shall record same and render same to the Department of Community Affairs, as requested by the Developer and the Mall Developer. 8. DEVELOPMENT FEES. The Developer and the Mall Developer acknowledge and agree that the City has, as of the date of consideration and acceptance of this Agreement, enacted an interim general service fee and police, fire and road impact fees which are set forth in the Land Development Code. Except as specifically set forth herein, the Project shall be subject to all such fees, but shall not be subject to any additional impact fees. Nothing herein shall preclude the Developer or the Mall Developer from seeking or obtaining credits against any such impact fees under the terms of Section 293 for roads, Section 307 for police and Section 321 for fire, and other applicable provisions (if any), of the Land Development Code and City impact fee ordinances. 9. ZONING. Upon the annexation of the Property into the City, the City shall administratively rezone the Property to a zoning classification appropriate for the development and use of the Property consistent with the City's Comprehensive Plan and with Master Plan 2 and the Land Use Approvals applicable to the Property prior to annexation. The City agrees that 14001 S \ETAYOKM 11 during the term of this Agreement, the Property shall not be subject to downsizing, intensity reduction or any other form of zoning modification which could impair or prohibit the proposed development of the Property as provided in Master Plan 2 and in the Land Use Approvals in effect at the time of annexation. Additionally, and not in lieu of the foregoing, the City shall comply with any restrictions on downzoning and intensity reduction which are set forth in any applicable DRI Development Order. 10. COMMUNITY DEVELOPMENT DISTRICT. The City acknowledges that the Project is located within the boundaries of the Dovera Community Development District (herein referred to as the "CDD "), as provided under Chapter 190, Florida Statutes. The City shall take such steps as may be necessary, if any, so as to permit the CDD 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. 11. RECORDING. This Agreement shall be recorded by the City, at the Developer's expense, among the Public Records of Seminole County, Florida, within fourteen (14) days from the date of execution of this Agreement. A copy of the recorded Agreement shall be submitted to the State of Florida Land Planning Agency within fourteen (14) days after the Agreement is recorded. Notwithstanding the foregoing, the same shall not constitute any lien or encumbrance on title to the Property and shall instead constitute record notice of governmental regulations which may regulate the use and enjoyment of the subject Property. The City shall, upon written request by the Developer or the Mall Developer, provide written confirmation of the status of this Agreement and performance or nonperformance of obligations hereunder as may be reasonably requested by the Developer or the Mall Developer or any lender with respect to the Property or any portion thereof. 12. RIGHT TO TERMINATE. If this Agreement is terminated, the Developer or the Mall Developer may, at its option, 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 and the parties hereunder have no obligations pursuant to this Agreement. The City shall join in any such termination if requested by the Developer or the Mall Developer. If any property of the Developer or the Mall Developer has been conveyed to the City during such period, such property shall be reconveyed to the grantor 140015 \ETAYOKM 12 thereof free of all liens, claims, easements, or other encumbrances (other than those existing at the time of conveyance). 13. DURATION. This Agreement shall be for a term of nine (9) years. The term of this Agreement may be extended by mutual consent of the City and the Developer and the Mall Developer, subject to the public hearing required by Appendix S -23(b) of the Land Development Code, as amended or re- numbered from time to time. Following annexation of the Property into the City, any improvements constructed on the Property during the term of this Agreement shall be constructed in accordance with the terms hereof. 14. SUBSEQUENTLY ENACTED STATE OR FEDERAL LAW. 14.1 Not Applicable. To the extent permissible, the parties agree that if more stringent laws, rules, regulations or ordinances concerning the improvements to be constructed on the Property are enacted in the future, such more stringent laws, rules and regulations and ordinances shall not be retroactively applied to the improvements already constructed on the Property. This provision shall survive termination of this Agreement. 14.2 Modification. If state or federal laws are enacted after execution of this Agreement which are applicable to and preclude the parties' compliance with the terms of this Agreement, this Agreement shall be modified or revoked as is necessary to comply with the relevant state or federal laws and the intent of the parties hereto. Provided, however, the City agrees that it shall not modify this Agreement in any manner which would in any way be inconsistent with the intent of the parties to provide for development of the Property in accordance with the terms and conditions hereof. 15. NOTICES. Any notice that is to be delivered hereunder shall be in writing and shall be deemed to be delivered (whether or not actually received) when (i) hand delivered to the official hereinafter designated, or (ii) upon receipt of such notice when deposited in the United States mail, postage prepaid, certified mail, return receipt requested, addressed to the parties as follows: To the City: 14001 S \ETAYOKM 13 The City of Oviedo, Florida c/o City Manager 400 Alexandria Boulevard Oviedo, Florida 32765 To Developer: The Viera Company c/o Mason Blake, Perry Reader and Tom McCarthy 7380 Murrell Road Suite 201 Melbourne, Florida 32940 With a copy to: Rouse - Orlando, Inc. 10275 Little Patuxent Parkway Columbia, Maryland 21044 -3456 Attn: General Counsel To Mall Developer: Rouse - Orlando, Inc. 10275 Little Patuxent Parkway Columbia, Maryland 21044 -3456 Attn: General Counsel With a copy to: The Viera Company c/o Mason Blake, Perry Reader and Tom McCarthy 7380 Murrell Road Suite 201 Melbourne, Florida 32940 16. SUCCESSORS AND ASSIGNS. This Agreement and the terms and conditions hereof shall be binding upon and inure to the benefit of the City and the Developer and the Mall Developer and their respective successors in interest. 17. TEWE OF THE ESSENCE. Time is of the essence of the lawful performance of the duties and obligations contained in this Agreement. 18. SEVERABILM. If any sentence, phrase, paragraph, provision or portion of this Agreement is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereof. 19. APPLICABLE LAW. This Agreement and the provisions contained herein shall be construed, controlled and interpreted according to the laws of the State of Florida. Further, to the extent permissible under the laws of the State of Florida, if there is a conflict between this Agreement and the terms of the City's Land Development Regulations, the terms of this Agreement shall control. 20. BINDING EFFECT. Each party hereto represents to the other that it has undertaken all necessary actions to execute this Agreement, and that it has the legal authority to enter into this Agreement and to undertake all obligations imposed on it. 140015 \ETAYOKM 14 21. EFFECTIVE DATE. The Effective Date of this Agreement shall be thirty (30) days after it has been received by the State of Florida Land Planning Agency pursuant to the requirements of Section 163.3239, Florida Statutes. 22. NO JOINT VENTURE. This Agreement does not constitute, and shall not be construed to create, a joint venture between the City, the Developer and the Mall Developer. IN WITNESS WHEREOF, the parties hereto have caused these presents to be signed all as of the date and year first above written. CITY OF OVIEDO By: -�� 7' "1- /V I IV, lluewaw. Efli R, UATIMIrm THE VIERA COMPANY By Pri Tit ROUSE - ORLANDO, INC., a Maryland corporation qualified to transact business in Florida By: Pri, Titl STATE OF FLQRIDA COUNTY OF tv(- rLC_ C PERSONALLY APPEARED before me, the undersigned authority, V F"i� "' w. and �. x'..r,: _ , well known to me and known by me to be the e-� 1- , and City Clerk, respectively, of the City of Oviedo, Florida, and acknowledged before me that they executed the foregoing instrument on behalf of the City of Oviedo as its true act and deed, and that they were duly authorized so to do. WITNESS my hand and official seal this.ILs day of 14001 S \ETAYOICM IvOtary"ruD11c Print Name: � z ►'= C . My commission expires: Notary ►ubGc Staff of FTar#d�! My ConrAiuion Expku Nov. 21, 1995 15 &wW*d T" Troy Fain • iiwranm nq, STATE OF FLO DA COUNTY OF of n PERS ALLY APPEARED before me, the undersigned authority, `o HE VIERA COMPANY, personally known to me or who producL a driver's license as identification, and they acknowledged before me that they executed the foregoing instrument on behalf of THE VIERA COMPANY, as its true act and deed, and that they were authorized so to do. WITNESS my hand and official seal this, 1 day of% -0994. Print Name: G-✓� K_ Ij My Commission expires: Notary fubpc, State of MwW@ My Connaission Expires Nov. 21. 1995 Wdod Thru Troy Foie • hmm"M bi �, D. STATE OF FLO DA w COUNTY OF C- !PE ONALLY APPEARED before u dersigned authority, as f ROUSE - ORLANDO, INC., a r corporation personally known td. me or who produced a driver's license as identificatio6, and they acknowledged before a th t the executed the foregoing instrument on behalf of ROUSE - ORLANDO, INC., a "r (40- corporation as its true act and deed, and that they were authorized so to do. WITNESS my hand and official seal this;�'S I day 0 tww 1994. Notary rudiic JL Print Name: tii��` My Commission expires: — Notary hart. sfou of 1l mr My Commission Expires Nov. 27, 1991 eonded My Troy No • 6uwarm We 1400 t S\ETAYOKM 16 JOINDER BY ESCROW AGENT Stenstrom, McIntosh, Julian, Colbert, Whigham & Simmons, P.A. joins in this Agreement for the purpose of agreeing to act as Escrow Agent in accordance with the terms hereof. STENSTROM, McINTOSH, JULIAN, COLBERT, WH AM & SIMMONS, P.A. Prepared by: AARON J. GOROVITZ, ESQUIRE LOWNDES, DROSDICK, DOSTER, KANTOR & REED, P.A. 215 North Eola Drive Post Office Box 2809 Orlando, Florida 32802 -2809 (407) 843 -4600 Date: NevP.�✓ -Z) , 1994 1400! 5\ETAYOKM 17 LIST OF EXHIBITS A -1 - Annexation Property A -2 - DRI Property B - Existing Approved Master Plan C - Proposed Master Plan D -1 - Affected Easement Area D -2 - Picture of Road from State Road 426 to Red Bug Lake Road E - Waivers of Provisions of City of Oviedo Land Development Code 140015 \ETAYOKM 18 ANNEXATION PROPERTY (lei jej1..ry4:.; '7' '.) PU.W is Office EXHIBIT "A-1" Mee rd��- P EO . � mi n -Red On Lake-f :Uneul, cute r.eo.t� , I ;� �° Retail Services e Parer _j Retail Servi—\. Retail Services P- 16 Retail Services -^ —° Retail Serviw �P-1 Family Funeral Care pmol 30 Retail Services —heal 31 A. Fwal Office Office Ketau N Office ce Parcel 36 Residential Slavia, Road fflvd - COS Office /Showroom R-Elock Rd Lean Property Boundary Wetland Conservation Area FApproved Development /77/77��7�77 3-areo: 01-01AS JO-Oft Kwh. A&&" Lpox Itansham I- A PORTION OF OVIEDO CROSSING DRI PROPERTY (EXHIBIT -A-2') Master Development Plan Ile vier Company Ap?u=t r.lxmq Jackson Kertlier .4n& 14a RwehLm Inc Profi=onal Engineering Comftut& JaL Props YLL,:ajtvTr=rp=co@ Flamer Prapta E*— Lowndes Dr-Adick Dater Kantor & Ind. PA Kirin L Erwin Cautildn; Ecoingm LAgLI Co=w! Eonroustaw Sm= Map H oc"bor M's North 0 =A" $00 two al In Peet 11' L/-J) (( 6 /-) �, A LEGAL DESCRIPTION A TRACT OF LAND LYING IN SECTION 17, TOWNSHIP 21 SOUTH, RANGE 31 EAST DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF TUSCAWILLA UNIT 13, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 29, PAGES 1 AND 2 OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, FOR THE POINT OF BEGINNING; THENCE RUN NORTH 88 057'13" EAST, ALONG THE SOUTH LINE OF SAID TUSCAWILLA UNIT 13, A DISTANCE OF 2743.37 FEET; THENCE RUN SOUTH 87 041'56" EAST, ALONG SAID SOUTH LINE AND THE SOUTH LINE OF TUSCAWILLA UNIT 14C, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 36, PAGES 11 AND 12 OF SAID PUBLIC RECORDS, 1285.01 FEET TO THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 16, TOWNSHIP 21 SOUTH, RANGE 31 EAST, AND A POINT LYING ON THE WESTERLY LIMITED ACCESS RIGHT -OF -WAY LINE OF STATE ROAD 417, ACCORDING TO THE FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT -OF -WAY MAP, SECTION 97770 -2302, SAID MAP DATED JANUARY 1990; THENCE, ALONG SAID WESTERLY LIMITED ACCESS RIGHT -OF -WAY LINE AND ALONG THE WESTERLY LIMITED ACCESS RIGHT -OF -WAY LINE OF STATE ROAD 417 ACCORDING TO THE FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT -OF -WAY MAP, SECTION 77310 - 0000 -220, DATED JULY 14, 1989, RUN THE FOLLOWING COURSES: THENCE RUN SOUTH 00 048'17" EAST, 765.91 FEET; THENCE RUN SOUTH 20 051'49' WEST, 818.80 FEET; THENCE RUN SOUTH 30 °11'15' EAST, 120.06 FEET; THENCE RUN SOUTH 24 052'30" WEST, 130.00 FEET; THENCE RUN NORTH 65 007'48" WEST, 60.17 FEET; THENCE RUN SOUTH 18 °00'45" WEST, 125.70 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE NORTHWESTERLY; THENCE RUN SOUTHWESTERLY, ALONG SAID CURVE, HAVING A RADIUS LENGTH OF 850.00 FEET, A CENTRAL ANGLE OF 41 °50'43 ", AN ARC LENGTH OF 620.79 FEET, A CHORD LENGTH OF 607.08 FEET, AND A CHORD BEARING OF SOUTH 38 056'07" WEST TO THE POINT OF TANGENCY; THENCE RUN SOUTH 59 051'28" WEST, 133.05 FEET; THENCE, DEPARTING SAID WESTERLY LIMITED ACCESS RIGHT -OF -WAY LINE, RUN NORTH S4 041'46" WEST, 148.77 FEET TO THE MOST EASTERLY CORNER OF TRACT "E ", OVIEDO CROSSING - PHASE 1A, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 47, PAGES 100 AND 101 OF THE AFORESAID PUBLIC RECORDS; THENCE, ALONG THE NORTHERLY, LINE OF SAID TRACT "E ", CONTINUE NORTH 54 041'46' WEST, 543.96 FEET TO A POINT ON THE EAST LINE OF TRACT 'D" OF SAID OVIEDO CROSSING - PHASE 1A; THENCE, ALONG SAID EASTERLY AND NORTHERLY LINE OF SAID TRACT "D", RUN THE FOLLOWING COURSES: NORTH 24 047'37" EAST, 83.65 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE WESTERLY; THENCE RUN NORTHERLY, ALONG SAID CURVE, HAVING A RADIUS LENGTH OF 200.00 FEET, A CENTRAL ANGLE OF 70° 17'57 ", AN ARC LENGTH OF 245.39 FEET, A CHORD LENGTH OF 230.29 FEET, AND A CHORD BEARING OF NORTH 10 021'22" WEST; THENCE RUN NON- TANGENT TO SAID CURVE, NORTH 45 030'19" WEST, 87.70 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE SOUTHERLY; THENCE RUN WESTERLY ALONG SAID CURVE, HAVING A RADIUS LENGTH OF 110.00 FEET, A CENTRAL ANGLE OF 99 035'26', AN ARC LENGTH OF 191.20 FEET, A CHORD LENGTH OF 168.02 FEET, AND A CHORD BEARING OF SOUTH 84 °41'58" WEST TO THE NORTHEAST CORNER OF TRACT "F" OF SAID OVIEDO CROSSING - PHASE 1A; THENCE, ALONG THE NORTH LINE AND WEST LINE OF SAID TRACT "F ", RUN THE FOLLOWING COURSES: SOUTH 90 000'00" WEST, NON- TANGENT TO SAID CURVE, 52.53 FEET TO A POINT ON A NON- TANGENT CURVE CONCAVE WESTERLY; THENCE RUN SOUTHERLY, ALONG SAID CURVE, HAVING A RADIUS LENGTH OF 585.00 FEET, A CENTRAL ANGLE OF 11 022'56 ", AN ARC LENGTH OF 116.22 FEET, A CHORD LENGTH OF 116.02 FEET, AND A CHORD BEARING OF SOUTH 00 012'51" WEST; THENCE RUN SOUTH 05 054'09" WEST, 144.71 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE NORTHWESTERLY; THENCE RUN SOUTHWESTERLY, ALONG SAID CURVE, HAVING A RADIUS LENGTH OF 725.00 FEET, A CENTRAL ANGLE OF 18 033'21', AN ARC LENGTH OF 234.80 FEET, A CHORD LENGTH OF 233.77 FEET, AND A CHORD BEARING OF SOUTH 15 010'49" WEST; THENCE RUN SOUTH 17 004'19" WEST NON - TANGENT TO SAID CURVE, 198.66 FEET; THENCE RUN SOUTH 71037"10" WEST, 95.76 FEET; THENCE RUN SOUTH 39 028'32' WEST, 299.74 FEET TO THE NORTHWEST CORNER OF TRACT "C" OF THE AFORESAID PLAT OVIEDO CROSSING - PHASE 1A; THENCE, DEPARTING THE WESTERLY LINE OF SAID TRACT "F", RUN SOUTH 83 009'44" WEST, 230.68 FEET TO A POINT ON A NON- TANGENT CURVE CONCAVE SOUTHWESTERLY; THENCE RUN NORTHWESTERLY, ALONG SAID CURVE, HAVING A RADIUS LENGTH OF 570.00 FEET, A CENTRAL ANGLE OF 55 001'48', AN ARC LENGTH OF 547.46 FEET, A CHORD LENGTH OF 526.66 FEET, AND A CHORD BEARING OF NORTH 35 059'29" WEST TO THE POINT OF TANGENCY; THENCE RUN NORTH 63 030'23" WEST, 225.04 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE NORTHEASTERLY; THENCE RUN NORTHWESTERLY ALONG SAID CURVE, HAVING A RADIUS LENGTH OF 800.00 FEET, A CENTRAL ANGLE OF 06 045'06 ", AN ARC LENGTH OF 94.27 FEET, A CHORD LENGTH OF 94.22 FEET, AND A CHORD BEARING OF NORTH 60 °07'50" WEST; THENCE, RADIAL TO SAID CURVE, RUN SOUTH 33 014'43" WEST, 136.67 FEET; THENCE RUN NORTH 70 000'45' WEST, 1020.65 FEET TO THE SOUTHEAST CORNER OF TUSCAWILLA UNIT 7, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 22, PAGES 46 AND 47 OF THE AFORESAID PUBLIC RECORDS; THENCE RUN NORTH 01 008'12" WEST, ALONG THE EAST LINE OF SAID TUSCAWILLA UNIT 7, A DISTANCE OF 1795.52 FEET TO THE POINT OF BEGINNING. EXHIBIT "A-2" — DRI PROPERTY AND LEGAL DESCRIPTION t Oman.uw read 77— 3p i O P-M&I 13 Retail Servica F"ve L Regional Shopping Center Fold parow 16 Retail pus 27 jj MZ21 campus Tar 17 P"w Medical Campus Wejin Retail FU=1 24 Office Retail Services 24 Retail Services zi Retail Services Family Funeral C41`1 PW=1 30 Retail Services ramw x Retail Samoa Pmew n Office parew 19 Office parew 36 Residential PU.W zo Slavia Roe Office 7 P�l 34 L..Zoffice/Showroo -be Leggn Property Boundary Wetland Conservation Area Approved Development 30u GW=9 14-km K.1dw A-9— L.PU 210,0w% L- L—Master Development Plan Map H � The V'— Comwy ApObcsat Glarting Jackson Kerther Aqb L4pa Rinehart Jar- prefeema Eapmnq C=WWU I= Prapt: 3o1&uprfTr&upw%&cca ftuw pmffict Pap aw 1,4wodes Droadid Dona Kantor Ji Ised. PA Irrin L &win CouWdq E=W& lA* casaw Earumesaml q--- 1 Ocalber LM =61==%M0Aw, a us 4" goo Use stale la Fast 1of5 OVIEDO CROSSING LEGAL DESCRIPTION PARENT PARCEL: A PORTION OF SECTIONS 16.17. AND 20, TOWNSHIP 21 SOUTH, RANGE 31 EAST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF SAID SECTION 17. FOR A POINT OF REFERENCE; THENCE RUN NORTH 89.47'00" WEST, ALONG THE SOUTH LINE OF SAID SECTION 17, A DISTANCE OF 1083.21 FEET TO THE POINT OF BEGINNING; THENCF CONTINUE NORTH 8904700" WEST, ALONG SAID SOUTH LINE, A DISTANCE OF 249.02 FEET TO THE NORTHWEST CORNER OF LOT 28, SLAVIA COLONY COMPANY'S SUBDIVISION, AS RECORDED IN PLAT BOOK 2, PAGE 71, PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA; THENCE, DEPARTING SAID SOUTH LINE, RUN SOUTH 00.50'55" EAST, ALONG THE WEST LINE OF SAID LOT 28, A DISTANCE OF 471.56 FEET; THENCE, DEPARTING SAID WEST LINE, RUN SOUTH 37.09'05" WEST, A DISTANCE OF 312.85 FEET; THENCE RUN SOUTH 32017'05" WEST, A DISTANCE OF 718.75 FEET TO THE SOUTH LINE OF LOT 33 OF SAID SLAVIA COLONY COMPANY'S SUBDIVISION; THENCE RUN NORTH 89 °42'55" WEST, ALONG SAID SOUTH LINE OF LOT 33, A DISTANCE OF 80.00 FEET TO THE SOUTHWEST CORNER OF SAID LOT 33; THENCE. DEPARTING SAID SOUTH LINE, RUN NORTH 00.52'18" WEST, ALONG THE WEST LINE OF LOTS 33 AND 34 OF SAID SLAVIA COLONY COMPANY'S SUBDIVISION, A DISTANCE OF 878.78 FEET; THENCE, DEPARTING SAID WEST LINE, RUN NORTH 41.58'16" EAST, A DISTANCE OF 605.78 FEET TO A POINT ON THE NORTH LINE OF SAID LOT 34, SAID POINT ALSO BEING ON THE SOUTH LINE OF SAID SECTION 17; THENCE RUN NORTH 89.47'00" WEST, ALONG SAID SOUTH LINE OF SECTION 17, A DISTANCE OF 1078.12 FEET TO THE NORTHWEST CORNER OF LOT 35 OF SAID SLAVIA COLONY COMPANY'S SUBDIVISION, SAID CORNER ALSO BEING THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF SAID SECTION 17; THENCE RUN SOUTH 89058'42" WEST. ALONG SAID SOUTH LINE, A DISTANCE OF 129654 FEET TO THE EASTERLY RIGHT -OF -WAY LINE OF PROPOSED RED BUG ROAD, HAVING A PROPOSED RIGHT -OF -WAY WIDTH OF 140.00 FEET, SAID POINT ALSO BEING ON A NON - TANGENT CURVE, CONCAVE SOUTHEASTERLY, FROM WHICH A RADIAL LINE BEARS SOUTH 37.3739" EAST; THENCE RUN SOUTHWESTERLY ALONG SAID PROPOSED RED BUG ROAD AND SAID CURVE, HAVING A RADIUS LENGTH OF 120324 FEET, A CENTRAL ANGLE OF 13'38'37 ", AN ARC LENGTH OF 286.52 FEET, A CHORD LENGTH OF 285.85 FEET, AND A CHORD BEARING OF SOUTH 45.33'02" WEST; THENCE, DEPARTING SAID PROPOSED RED BUG ROAD RIGHT -OF -WAY, RUN NORTH 51.16'16" WEST. A DISTANCE OF 140.00 FEET TO THE NORTHEASTERLY LINE OF A 110 FOOT FLORIDA POWER AND LIGHT COMPANY EASEMENT, AS RECORDED IN OFFICIAL RECORDS BOOK 143, PAGE 253, OF SAID PUBLIC RECORDS; THENCE RUN NORTH 32.11'14" WEST, ALONG SAID NORTHEASTERLY LINE. A DISTANCE OF 505.11 FEET; THENCE DEPARTING SAID NORTHEASTERLY LINE, RUN NORTH 01.11'40" EAST, A DISTANCE OF 550.79 FEET TO • POINT ON A NON - TANGENT CURVE, CONCAVE NORTHEASTERLY, FROM WHICH • RADIAL LINE BEARS NORTH 01043D3" EAST; THENCE RUN NORTHWESTERLY ALONG SAID CURVE. HAVING A RADIUS LENGTH OF 750.00 FEET, A CENTRAL ANGLE OF 138.3434 ", AN ARC LENGTH OF 1813.96 FEET, A CHORD LENGTH OF 1403.06 FEET, AND A CHORD BEARING OF NORTH 18.59'40" WEST; THENCE RUN NORTH 50.17'37" EAST. A DISTANCE OF 423.20 FEET TO A POINT ON THE SOUTHERN MOST LINE OF 2 of 5 TUSCAWILIA UNIT 7. AS RECORDED IN PLAT BOOK 22. PAGES 46 AND 47. OF SAID PUBLIC RECORDS; THENCE RUN SOUTH 69003'43" EAST, ALONG SAID SOUTHERN MOST LINE. A DISTANCE OF 664.77 FEET TO THE SOUTHEAST CORNER OF LOT 31.OF SAID TUSCAWILLA UNIT 7; THENCE, DEPARTING SAID SOUTHERN MOST LINE. RUN NORTH 00041'26' WEST. ALONG THE EAST LINE OF SAID TUSCAWILLA UNIT 7. A DISTANCE OF 1796.40 FEET TO THE SOUTHWEST CORNER OF TUSCAWILLA UNIT 13. AS RECORDED IN PLAT BOOK 29. PAGES 1 AND 2. OF SAID PUBLIC RECORDS; THENCE, DEPARTING SAW EAST LINE. RUN NORTH 89.51'03" EAST. ALONG THE SOUTH LINE OF SAID TUSCAWILLA UNIT 13. A DISTANCE OF 2741.19 FEET TO THE NORTHWEST CORNER OF LOT 11 OF THE AFORESAID SLAVIA COLONY COMPANY'S SUBDIVISION; THENCE. DEPARTING SAID SOUTH LINE, RUN SOUTH 87016'25" EAST. ALONG THE NORTH LINE OF LOTS 11 AND 12 OF SAID SLAVIA COLONY COMPANY'S SUBDIVISION, A DISTANCE OF 1285.36 FEET TO THE NORTHEAST CORNER OF SAID LOT 12; THENCE. DEPARTING SAID NORTH LINE, RUN SOUTH 00 *2876" EAST. ALONG THE EAST LINE OF LOTS 12. 10.7 AND 6, OF SAID SLAVIA COLONY COMPANY'S SUBDIVISION. A DISTANCE OF 2682.12 FEET, TO THE NORTHWEST CORNER OF LOT 2. OF SAID SLAVIA COLONY COMPANY'S SUBDIVISION; THENCE, DEPARTING SAID EAST LINE, RUN SOUTH 89.4541" EAST. ALONG THE NORTH LINE OF LOTS 2 AND 1. OF SAID SLAVIA COLONY COMPANY'S SUBDMSION. A DISTANCE OF 1267.80 FEET TO A POINT ON THE WEST LINE OF A CSX RAILROAD RIGHT -OF -WAY, HAVING A 75.00 FOOT RIGHT -OF -WAY WIDTH; THENCE, DEPARTING SAID NORTH LINE, RUN SOUTH 23.48'40" WEST, ALONG SAID WEST LINE. A DISTANCE OF 501.88 FEET; THENCE DEPARTING SAID WEST LINE, RUN NORTH 89.45'41" WEST. A DISTANCE OF 387.75 FEET TO A POINT ON THE EAST LINE OF SAID LOT 2 OF SLAVIA COLONY COMPANY'S SUBDIVISION; THENCE RUN NORTH 00.40'15" WEST. ALONG SAID EAST LINE, A DISTANCE OF 197.37 FEET TO THE SOUTH LINE OF THE NORTH 262.66 FEET OF SAID LOT 2; THENCE, DEPARTING SAID EAST LINE. RUN NORTH 89.45'41 " WEST. ALONG SAID NORTH LINE, A DISTANCE OF 281.76 FEET; THENCE, DEPARTING SAID NORTH LINE, RUN SOUTH 73'48'01" WEST, A DISTANCE OF 405.71 FEET TO A POINT ON THE WEST LINE OF SAID LOT 2; THENCE CONTINUE SOUTH 73'48'01" WEST. A DISTANCE OF 25.96 FEET; THENCE RUN SOUTH 00034'10" EAST. A DISTANCE OF 226.37 FEET; THENCE RUN NORTH 89'45'41" WEST, A DISTANCE OF 138.94 FEET TO A POINT ON THE NORTHERLY LINE OF LIGHTWOOD KNOT CANAL. HAVING A WIDTH OF 50.00 FEET; THENCE RUN SOUTH 51'39'21" EAST, ALONG SAID NORTHERLY LINE, A DISTANCE OF 68.71 FEET TO A POINT ON THE NORTH LINE OF LOT 19 OF SAID SLAVIA COLONY COMPANY'S SUBDIVISION; THENCE, DEPARTING SAID NORTHERLY LINE OF LIGHTWOOD KNOT CANAL, RUN NORTH 89'46'20" WEST. ALONG THE NORTH LINE OF LOTS 19 AND 18 OF SAID SLAVIA COLONY COMPANY'S SUBDIVISION. A DISTANCE OF 972.95 FEET; THENCE. DEPARTING SAID NORTH LINE, RUN SOUTH 00'35'17" EAST. A DISTANCE OF 668.82 FEET TO THE POINT OF BEGINNING. AND TOGETHER WITH: A PORTION OF SECTION 20, TOWNSHIP 21 SOUTH. RANGE 31 EAST. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF SAID SECTION 20, FOR A POINT OF REFERENCE; THENCE RUN NORTH 89058'42" EAST, ALONG THE NORTH LINE OF SAID SECTION 20. A DISTANCE OF 1332.41 FEET TO THE NORTHWEST CORNER OF LOT 43, OF THE AFORESAID SLAVIA COLONY COMPANY'S SUBDIVISION. THENCE. DEPARTING SAID NORTH LINE OF SECTION 20, RUN SOUTH 00048'20" EAST. ALONG THE WEST LINE OF LOTS 43 AND 44, OF SAID SLAVIA COLONY COMPANY'S SUBDIVISION, A DISTANCE OF 835.41 FEET TO THE POINT OF BEGINNING; THENCE 3of5 CONTINUE ALONG SAID WEST LINE. SOUTH 00.4820" EAST, A DISTANCE OF 493.62 FEET TO THE SOUTHWEST CORNER OF SAID LOT 44; THENCE. DEPARTING SAID WEST LINE, RUN SOUTH 89.58'5.)" EAST, ALONG THE SOUTH LINE OF SAID LOT 44. A DISTANCE OF 66715 FEET TO THE NORTHEAST CORNER OF LOT 45 OF SAID SLAVIA COLONY COMPANY'S SUBDIVISION; THENCE, DEPARTING SAID SOUTH LINE, RUN SOUTH 00.51'01" EAST. ALONG THE EAST LINE OF LOTS 45 AND 46 OF SAID SLAVIA COMPANY'S SUBDIVISION, A DISTANCE OF 1279.50 FEET TO A POINT ON THE EXISTING NORTHERLY RIGHT -OF -WAY LINE OF RED BUG ROAD, WHICH HAS A VARYING RIGHT -OF -WAY WIDTH; THENCE, NCE, DEPARTING SAID EAST LINE. RUN ALONG SAID NORTHERLY RIGHT -OF -WAY LINE NORTH 89.56280. A DISTANCE OF 334.13 FEET; THENCE DEPARTING SAID NORTHERLY RIGHT -OF -WAY LINE RUN NORTH 00.49'40" WEST, A DISTANCE OF 439.30 FEET; THENCE RUN SOUTH 42.19'05" WEST, A DISTANCE OF 488.49 FEET TO A POINT ON THE WEST LINE OF LOT 46 OF SAID SLAVIA COLONY COMPANY'S SUBDIVISION; THENCE RUN SOUTH 00.48'20" EAST. ALONG SAID WEST LINE. A DISTANCE OF 77.73 FEET TO THE AFORESAID EXISTING NORTHERLY RIGHT -OF -WAY LINE OF RED BUG ROAD; THENCE RUN ALONG SAID NORTHERLY RIGHT -OF -WAY LINE THE FOLLOWING COURSES AND DISTANCES: THENCE RUN NORTH 89.56'28" WEST, A DISTANCE OF 668.25 FEET; THENCE RUN SOUTH 00.4539" EAST, A DISTANCE OF 35.00 FEET; THENCE RUN NORTH 89.5628" WEST, A DISTANCE OF 668.28 FEET TO A POINT ON THE WEST LINE OF LOT 65 OF SAID SLAVIA COLONY COMPANY'S SUBDIVISION, SAID POINT ALSO BEING ON THE EAST LINE OF A PARCEL OF LAND, RECORDED IN OFFICIAL RECORDS BOOK 691. PAGE 637, OF THE AFORESAID PUBLIC RECORDS; THENCE. DEPARTING SAID NORTHERLY RIGHT -OF -WAY LINE, RUN NORTH 00.42'58" WEST, ALONG THE WEST LINE OF LOTS 65. 64 AND 61, A DISTANCE OF 1816.12 FEET; THENCE, DEPARTING SAID WEST LINE, AND SAID EAST LINE OF SAID PARCEL OF LAND RECORDED IN OFFICIAL RECORDS BOOK 691, PAGE 637, RUN NORTH 89.17'02" EAST, A DISTANCE OF 155.00 FEET; THENCE RUN SOUTH 56012'58 EAST. A DISTANCE OF 190.00 FEET; THENCE RUN SOUTH 83.59'55" EAST, A DISTANCE OF 169.67 FEET; THENCE RUN NORTH 42.32'02" EAST, A DISTANCE OF 175.00 FEET; THENCE RUN NORTH 89.1703" EAST. A DISTANCE OF 120.00 FEET; THENCE RUN SOUTH 72'42'58" EAST. A DISTANCE OF 85.93 FEET; THENCE RUN NORTH 89017'02" EAST, A DISTANCE OF 531.89 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARENT PARCEL OF LAND CONTAINS 496.860 ACRES, MORE OR LESS. LESS: THAT PORTION OF THE FOLLOWING DESCRIBED RIGHT -OF -WAY FOR STATE ROAD 417 THAT LIES WITHIN THE ABOVE DESCRIBED PARENT PARCEL. COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 17; THENCE S 89047'50" W ALONG THE SOUTHERLY LINE OF SAID SE 1/4. A DISTANCE OF 572.03 FEET TO A POINT BEING THE POINT OF BEGINNING; THENCE CONTINUING S 89047'50" W ALONG THE SOUTHERLY LINE OF SAID SE 114, A DISTANCE OF 1090.89 FEET TO A POINT; THENCE LEAVING THE SOUTHERLY LINE OF SAID SE 1/4, N 05.51'37" E. A DISTANCE OF 174.81 FEET TO A POINT; THENCE N 74.47'07 W," A DISTANCE OF 113.07 FEET TO A POINT; THENCE N 87'30'44" W. A DISTANCE OF 390.59 FEET TO A POINT; THENCE N 80.08'06 W. A DISTANCE OF 111.72 FEET TO A POINT; THENCE N 00.26'50 W. A DISTANCE OF 170.00 FEET TO A POINT; THENCE N 86.07'09 E. A DISTANCE OF 500.90 FEET TO A POINT; THENCE N 75 °09'40 E. A DISTANCE OF 156.93 FEET TO A POINT, THENCE N 31.55'54" E. A DISTANCE OF 153.21 FEET TO A POINT; THENCE N 15.20'52" E. A DISTANCE OF 191.25 FEET TO A POINT; THENCE N 09.38'39" E. A DISTANCE OF 275.57 FEET TO A POINT; THENCE ALONG A CURVE CONCAVE SOUTHEASTERLY AN ARC DISTANCE OF 560.89 FEET (SAID CURVE HAVING A RADIUS OF 4 of 5 640.00 FEET. A CENTRAL ANGLE OF 50.12'49", AND A CHORD BEARING AND DISTANCE OF N 34.45'04" E. 543.11 FEET) TO A POINT; THENCE N 59.51'28" E. A DISTANCE OF 348.93 FEET TO A POINT; THENCE ALONG A CURVE CONCAVE NORTHWESTERLY AN ARC DISTANCE OF 620.79 FEET (SAID CURVE HAVING A RADIUS OF 850.00 FEET. A CENTRAL ANGLE OF 41.5(Y43 ". AND A CHORD BEARING AND DISTANCE OF N 38.56107" E. 607.08 FEET) TO A POINT; THENCE N 18.00'45" E, A DISTANCE OF 125.70 FEET TO A POINT; THENCE S 65.0730" E, A DISTANCE OF 60.17 FEET TO A POINT; THENCE N 24. 5210" E. A DISTANCE OF 130.00 FEET TO A POINT; THENCE N 30.11'15" W. A DISTANCE OF 120.06 FEET TO A POINT; THENCE N 20.51'49" E. A DISTANCE OF 818.94 FEET TO A POINT ON THE EASTERLY LINE OF SAID NE 1/4. THENCE S 00047'59" E. A DISTANCE OF 564.87 FEET TO A POINT BEING THE NE CORNER OF THE SE 1/4 OF SAID SECTION 17; THENCE ALONG THE EASTERLY LINE OF SAID SE 1/4. S 00.59'36" E, A DISTANCE OF 484.46 FEET TO A POINT; THENCE LEAVING THE SAID EASTERLY LINE OF SAID SE 1/4, N 7001615" W. A DISTANCE OF 150.23 FEET TO A POINT; THENCE S 19.43'45" W, A DISTANCE OF 130.00 FEET TO A POINT; THENCE S 23.17'55" E, A DISTANCE OF 36.86 FEET TO A POINT; THENCE S 07.5520" W. A DISTANCE OF 102.61 FEET TO A POINT; THENCE S 18.2356" W, A DISTANCE OF 902.33 FEET TO A POINT; THENCE S 10.34'09" W. A DISTANCE OF 308.38 FEET TO A POINT; THENCE S 02.08'49' W. A DISTANCE OF 200.77 FEET TO A POINT; THENCE ALONG A CURVE CONCAVE NORTHEASTERLY AN ARC DISTANCE OF 377.07 FEET (SAID CURVE HAVING A RADIUS OF 262.00 FEET, A CENTRAL ANGLE OF 82027'320, AND A CHORD BEARING AND DISTANCE OF S 39.04'57" E. 345.36 FEET) TO A POINT; THENCE S 80.18'43" E. A DISTANCE OF 119.86 FEET TO A POINT; THENCE S 88.18'16" E, A DISTANCE OF 101.45 FEET TO A POINT; THENCE S 7805929" E. A DISTANCE OF 332.86 FEET TO A POINT; THENCE S 0901458" W. A DISTANCE OF 220.00 FEET TO A POINT; THENCE N 86 °50'19" W. A DISTANCE OF 326.93 FEET TO A POINT; THENCE N 82.53'52" W. A DISTANCE OF 197.38 FEET TO A POINT; THENCE S 95040'49"W. A DISTANCE OF 83.60 FEET TO A POINT; THENCE S 00.5724" E, A DISTANCE OF 7333 FEET TO A POINT; THENCE S 89.47'50" W. A DISTANCE OF 111.87 FEET TO A POINT; THENCE S 40.04'59" W. A DISTANCE OF 19.66 FEET TO A POINT BEING THE POINT OF BEGINNING. THAT PORTION OF THE ABOVE DESCRIBED RIGHT -OF -WAY FOR STATE ROAD 417 THAT LIES Wnj-HN THE AFORESAID PARENT PARCEL CONTAINS 39.159 ACRES, MORE OR LESS. AND ALSO LESS: THAT PORTION OF THE FOLLOWING DESCRIBED RIGHT -OF -WAY FOR STATE ROAD 417 THAT LIES WITHIN THE ABOVE DESCRIBED PARENT PARCEL. A PARCEL OF LAND LOCATED IN THE NE 1/4 OF SECTION 20, TOWNSHIP 21 SOUTH. RANGE 31 EAST, SEMINOLE COUNTY, FLORIDA. BEING ALSO THAT PART OF LOTS 33 AND 34 ACCORDING TO SLAVIA COLONY CO'S. SUBDIVISION RECORDED IN PLAT BOOK 2, PAGE 71, OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA. LYING WITHIN THE FOLLOWING BOUNDARIES DESCRIBED AS FOLLOWS: CONO&NCING AT THE EAST 1/4 CORNER OF SAID SECTION 20; THENCE S 89.46'46" W ALONG THE SOUM-IEMY LINE OF SAID NE 114. A DISTANCE OF 240812 FEET TO A POINT BEING THE POINT OF BEGINNING; THENCE CONTINUING S 89.46'46" W ALONG THE SOUTHERLY LINE OF SAID NE 1/4, A DISTANCE OF 149.78 FEET TO A POINT; THENCE LEAVING THE SOUTHERLY LINE OF SAID NE 1/4, N 25.22'30" E, A DISTANCE OF 55.44 FEET TO A POINT ON THE NORTHERLY RIGHT -OF -WAY LINE OF RED BUG LAKE ROAD (100 FOOT RIGHT -OF -WAY LINE); THENCE ALONG SAID NORTHERLY RIGHT -OF -WAY LINE S 89.46'46" W. A DISTANCE OF 124.60 FEET TO A POINT ON THE EASTERLY RIGHT -OF -WAY LINE OF TATRA STREET (30 FOOT RIGHT -0F - WAY); THENCE LEAVING SAID NORTHERLY RIGHT -OF -WAY LINE ALONG SAID EASTERLY RIGHT -OF -WAY LINE N 01.0110" W, A DISTANCE OF 22.80 FEET TO A POINT; THENCE LEAVING SAID EASTERLY RIGHT -OF -WAY LINE N 26.34'28" E. A DISTANCE OF 957.77 5 of 5 FEET TO A POINT; THENCE N 27.0516" E. A DISTANCE OF 500.2 FEET TO A POINT; THENCE N 21.47'55" E. A DISTANCE OF 400.78 FEET TO A POINT; THENCE N 16.50'39" E. A DISTANCE OF 202.24 FEET TO A POINT; THENCE N 08.40'33" E. A DISTANCE OF 417.61 FEET TO A POINT; THENCE N 01.1174" W. A DISTANCE OF 156.52 FEET TO A POINT; THENCE N 05.51'37" E. A DISTANCE OF 160.98 FEET TO A POINT ON THE NORTHERLY LINE OF SAID NE 1/4; THENCE N 89.47'50" E ALONG THE NORTHERLY LINE OF SAID NE 1/4. A DISTANCE OF 1090.89 FEET TO A POINT; THENCE LEAVING THE NORTHERLY LINE OF SAID NE 114. S 40004'59" W. A DISTANCE OF 788.55 FEET TO A POINT; THENCE S 56.2020" W. A DISTANCE OF 116.62 FEET TO A POINT; THENCE S 34.27'55" W. A DISTANCE OF 506.36 FEET TO A POINT; THENCE S 25.22'30" W. A DISTANCE OF 1300.00 FEET TO A POINT; THENCE S 21020'22" W. A DISTANCE OF 388.65 FEET TO A POINT ON THE NORTHERLY RIGHT -OF -WAY LINE OF SAID RED BUG LAKE ROAD. THENCE S 89.4646" W ALONG SAID NORTHERLY RIGHT -OF -WAY LINE, A DISTANCE OF 166.11 FEET TO A POINT; THENCE LEAVING SAID NORTHERLY RIGHT -OF -WAY LINE S 25.2230" W. A DISTANCE OF 55.44 FEET TO A POINT BEING THE POINT OF BEGINNING; THAT PORTION OF THE ABOVE DESCRIBED RIGHT -OF -WAY FOR STATE ROAD 417 THAT LIES WITHIN THE AFORESAID PARENT PARCEL CONTAINS 7.413 ACRES. MORE OR LESS. AND ALSO LESS: THAT PORTION OF RED BUG LAKE ROAD RIGHT -OF -WAY, ACCORDING TO RIGHT -OF -WAY AND RESERVATION MAP BOOK 2. PAGES 56 THROUGH 90 OF THE PUBLIC RECORDS OF SEMINOLE COUNTY. FLORIDA. THAT LIES WITHIN THE PARENT PARCEL OF LAND. THOSE PORTIONS OF THE ABOVE SAID RED BUG LAKE ROAD RIGHT -OF -WAY THAT LIE WITHIN THE AFORESAID PARENT PARCEL CONTAIN 15.126 ACRES, MORE OR LESS. THE ABOVE DESCRIBED PARCEL OF LAND LIES IN SEMINOLE COUNTY, FLORIDA AND CONTAINS 435.162 ACRES, MORE OR LESS. 3ouroe: Professional Engineering Consultants. Inc. EXHIBIT "BIT - EXISTING APPROVED MAtTFQ ai AN a!"— I i Nil 1 Nf m - � Alt3i17E1E1' iNNN�I (- T' l r T -1. l Ill t. mm==qu IS er•wl�w•nc <• Am wwr wir • ..rRerl �+'- � _ .::!i: :":I. i. M f�� t l � � ! • tit' 'i - - :1 rrr�crm "bo.+ear .E � s:•1 '� Cir +r \ ' 'w *+wr� �[r`•crs / X91 RED aw LAKE A[1Aa INTEACKANGE - -; w t : -• `� Ill /, - I - rv�w.•• -1 .J. `•4 1 1 ,I C� \ \ I i, 1\ . 1 L� ^ -�'•♦ `� '� ,.. r \\ arR[n 9' µ.www�< 111ACTa./AC. -_'r-• \ : �.� tee: "°'" ; _ ` x1' ` ` �r ww.,..M .•., i `NACT c« Ac ' .wn:m..'• \ 3 �' -' �' � a / . rfD Rq Lull llOaD I 'li:li I 4 n �: '� p ,' LAND WINE LEGEND f • :b ( '~:•: \ jai /� „ \ ' DET[NTION LAEEs y. aw?mr.rrw _ q ` UPlA10 TREES EA!; so no' Eu ADNa AROUND sE IIIf I: /N ua "asr i}t r`� +` 'fit / ._..•.... .._,.... ® WETLANDS C3 uPLAms Rua E NDAD _._., - .--�; :.+ LA/RED OECAA! LAN ELAPU C PARR , oraNa..cl /32 'r .. �.. .....r.. ...r. �...r.... ... ..... _.. .....�. _..., TREATMENT © OFFICE / SNOWSOON �aa T Q allows e ST1 \ COMMERCIAL Musytoliwxy i — s l � Low D[NNrr sINGL[ [ANK1 >< �� IIOI1Ow0 SECTION AJ sG AAEMX0 FINAL • - -- -- -. _— - -- "r = - --- _ mil — �r MASTER�PLAN LANDSCAPE TREATMENT - 7- rs= v PLS1 •••.•••. •••• . _•n• EEN<ssMMrLOCAPE "w 1''•)a0' Y EwT_gl TREAtalaR <..•.� i <r ... <... .<•a rr.a AMENDED FINAL MASTER PLAN »o[ssanr c•rr[[wc coas.A "' o �'ROO:Q•ES -NC PRY ^ I.e_I .eco rtiirt raoo.[ o U EXHIBIT "C" - PROPOSED MASTER PLAN AND PUD COMMITMENTS Peal U { Retail Services _l I Pue.1 12 Regional Shopping Center !tie I PuW 16 �'� Retail Services i ►uol 14 ' \ it Services/ r.rW u' Office adicat Pus r Puul 27 %; - ,P", SLaP — N f — a — m V1 Medical Campus Target' -- - Medical —�� �P"W Zu, e` l— °� Office /Showroom � � - ii %{jLChlll }!. Wellnea✓ zr- „y Retail Services �Puftl 23 : ° �fiteheU Ffatpmark Rd Retail Services � / P.ral u c Retail Services f Office t F� Retail Services [1 Retail S Retail Services Puc.l 29 Family Funeral Care y Retail cervices PuW 11 �. Y Retail Services Off ice / Peo.1 u Office �j/ Pad ��� Pual 26 � —�: Residential Pool 20- Office / e nd - -- ---- Property Boundary - Wetland Conservation Area j� Approved Development Seucc OWma JWJooe a.Ra. A." Lop.s a,..n.n lest a• Master Development Plan The Vier. Compaq Appheaat Gutting larksoo Yeroher Aagb Lopes Rieekart Inc Profawsial Eapear* Caaaab" lac Propa hass{artnatportaom Plasm Ptepo Papsec Lowndes Dros" Doan Cantor A Read, PA [e+is L Erwin CandtleR E 4m =+w C�atael ea.uoommal Saeamn Map H 0"0640, 0% Nana I SM 40 aoo 1200 Scale is Pon OVIEDO CROSSING NOVEMBER 8, 1994 PUD COMMITMENTS I. Legal Description II. Statement of Basic Facts Total Acreage Total Dwelling Units Total Office /Showroom Total Office Total Commercial (Retail Services) Total Wellness Center Medical Campus III. Land Use Summary 1 See Exhibit 1. 435.2+ 4 DU 60,000 Sq. ft. 229,130 Sq. ft. 1,654,205 Sq. ft. 35,000 Sq. ft. 172,500 Sq. ft. See Table 1. Table 1 SUMMARY OF LAND USE Land Use Parcels Acreage Development Parking Program Spaces RASE la and lb APPROVED Retail Services 21a, 21b, 23, 24, 25, 26.1 26, 28, 29, 30, 31 174,205 SF 1,000 j Office 18, 19, 20, 32 10.6 172,130 SF 1,000 Wellness Center 22 5.4 35,000 SF 200 a llBa l Alr 1 lAL JUL VIA I HPIN Parcels Acrea a i Development Program Parking OTAL PROGRAM RASE Z 199 _Spaces Retail Services Retail Services 12, 16 1 94.4 1,220,000 (3 )SF 6,600 Medical Campus 17,27 16.9 i. 113,500 SF 700 RASE 3 2000 5.41 35,000 SF 200 edical Campus etail Services Office 13, 14(1) 14 47.1 - 260,000 57,000 SF SF 1,50_0 350 edical Campus(2) 15, 27 7.7 ! ' 59,000 120 SF Beds 600 Office/Showroom 34 6.6' 60,000 SF 300 esidential 36 1.0! 4 DU - Land Use Parcels Acrea a i Development Program Parking OTAL PROGRAM _Spaces Retail Services 12, 13, 14, 16, 21 a, 21b, 23, 24, 25, 26, 28, 29, 30, 31 167.6 1,654,205 SF 9,100 Office 14, 18, 19, 20, 32 10.6 229,130 SF 1,350 Wellness Center 22 5.41 35,000 SF 200 edical Campus 15, 17,27 24.61 172,500 120 SF Beds 1,300 Office /Showroom 34 6.6 60,000 SF _ 300 Residential 36 1.0 4 DU - Stormwater Ponds/Borrow Pits - 48.6 _ 1 eland Conservation - 90.9 Canals and Canal Easements 20.2 _ Open Space 36.01 _ght- of -Wav ! - 23.7 _ i TOTAL 1 +/-435.21 Notes (1) Parcel 14 will con" of mixed uses which will not exceed 57,000 SF of Office and 50,000 SF of Retail Services (2) Medical Campus includes but is not limited to. Medical Office. Clinical Fatalities and a 120 -bed Hospital. (3) Phase 2 includes a Regional Shopping Center with approximately 1.200.000 SF of Chose leasable area. This u approximately equivalent to 1.450,000 SF of groeg building area Source: Gl arrmgJacksonKercher Angltn Lopez Rinehart, Inc V. Building and Parcel Restrictions A. Summary of Minimum Building Setbacks • From Seminole County Expressway 10' setback • From Red Bug Lake Road Right -of -Way 50' • From PUD Boundary (Parcel 13) 250' next to Single - Family Residential • From Streets A and B 25' • From PUD Boundary (all parcels with 30' perimeter exposure except Parcel 13). • Parcel 12 - between building 0' B. Parcel Restrictions 1. All parcels fronting on Red Bug Lake Road will have a landscape buffer treatment along the road right -of -way. Parcels 23, 24, 25 and 26 will have a 10 -foot landscape buffer. All other parcels fronting on Red Bug Lake Road will have a 15 -foot landscape buffer. The landscape buffer will include one (1) 10- to 12 -foot high container grown tree with 2 1/2- to 3_ inch caliper every 40 feet. The buffer will also include four (4) understory trees for every 100 feet. 2. All buildings along Red Bug Lake Road shall be set back a minimum of 50 feet from right -of -way line. 3. Parcels 18 and 19 shall maintain a minimum 30 -foot building setback and a 10 -foot landscaped buffer within the building setback adjacent to residential land uses. A 6 -foot high masonry wall and 4 -inch caliper trees, planted on 40 -foot centers will be included in the buffer. Building heights in Parcels 18 and 19 shall be limited to 35 feet. 4. Parcel 22 will provide a 10 -foot wide buffer along the 110 -foot power easement with a 6 -foot high masonry wall and 2 -inch caliper trees, planted on 40 -foot centers in the buffer. 5. The building heights and buffers for the portion of Parcel 13 adjacent to existing residential development shall be as follows: a. No development, including parking, roads, buildings or other active uses will be permitted within 250 feet of the project boundary. a. No building or parking facilities will be permitted within 250 feet of the project boundary. b. Building heights shall not exceed 35 feet within 275 feet of the boundary between the parcels and the adjacent residential uses, 45 feet within 300 feet of the boundary, nor 65 feet for the remainder of the said parcels. C. A 6 -foot high masonry wall and 4 -inch caliper trees, planted on 40- foot centers will be included in the buffer, where existing natural vegetation does not exist (see item #7). 6. Permitted Uses a. Commercial 1) Permitted uses shall include all permitted uses in the C -1 district as of the date hereof plus the following uses: • Delicatessen • Restaurants that serve alcohol • Car wash • Gasoline pumps as an accessory use • Living quarters in conjunction with a commercial use, to be occupied by the owner or operator of the business or an employee • Hospitals and nursing homes • Health clubs • Fast food restaurants with drive through windows • Other uses approved by the Land Development Director which are similar or compatible with those uses set forth above The determination of the Land Development Director shall be subject to appeal to the Board of County Commissioners. 2) Conditional Uses The following uses may be considered as Conditional Uses: • Alcoholic beverage establishments • Gasoline stations • Mechanical or automotive garage V-1 b. Regional Shopping Center 1) Permitted uses shall include all permitted uses permitted in the Oviedo Crossing Commercial district plus the following uses: • Tires, batteries, and accessories (TBA) • Wine and cheese shops • Parking garages • Outdoor advertising signs C. Office 1) All permitted and accessory uses in the OP Office District as of the date hereof plus the following uses: • Single - family dwelling unit in conjunction with a permitted use provided said dwelling unit is occupied by the owner or operator of the business. • Accessory parking for passenger vehicles when intended for a permitted adjacent commercial use • Banks and financial institutions and drive -in teller facilities • Schools, private vocational, business and professional which do not have an industrial character • Hospitals and nursing homes • Non- residential/non -profit clubs, lodges, and fraternal organizations • Funeral homes • Other uses approved by the Land Development Director which are similar or compatible with those uses set forth above. The determination of the Land Development Director shall be subject to appeal to the Board of County Commissioners. 5 d. Office /Showroom 1) The uses permitted in the office /showroom parcels are wholesale business with or without ancillary retail facilities, storage facilities, and facilities for the provision of services including, but not limited to, the following: • Computer and electronics (i.e., sales and assembly of various components) • Health services, including laboratories, food preparations, excluding hospitals • Communications (i.e., telephone services, cable service, etc.) • Engineering and research (i.e.. soils analysis, etc.) • Warehouse and sales of building supplies which are entirely enclosed and are small to moderate in size In addition to wholesale businesses with ancillary retail uses, professional offices and light industrial uses may be located on the office showroom parcels provided they are clean, do not produce objectionable smoke, fumes, vibration or odors, and involve no outside storage or display of parts, supplies or merchandise. Specific light industrial uses include, but are not limited to data processing services, living quarters for guards or custodians, recording studios and offices. Other uses which are similar to or compatible with the foregoing may be approved by the Board of County Commissioners. e. Single- Family Residential 1) All permitted uses in the R- IAAAA, R- IAAA, R- IAA, and R- IA districts plus the following uses: • Veterinary clinic • Child care center 31 7. In those buffer areas where masonry walls are required to be erected and/or trees, shrubs, or hedges are to be planted, the Developer shall not be required to construct such walls in the wetlands where not needed to visibly buffer the project nor to plant trees, shrubs, or hedges in the areas where significant tree canopies exist. 8. The minimum single- family lot size shall be 9,000 square feet. 9. Except as set forth on the Final Master Plan (Exhibit 2), perimeter landscaping and buffer treatments along the PUD boundary will conform to the Seminole County Land Development Code as of this date. With the exception of Parcel 12, which is defined elsewhere, off-street parking shall conform to the Seminole County Land Development Code. 10. Landscaping and buffers along Streets A and B will include a 10 -foot wide landscape easement. The landscape requirements for this landscape easement will require one (1) 10- to 12 -foot high container grown tree, 2 1/2- to 3 -inch caliper every 80 feet. Trees of the same size will be planted in the roadway median every 80 feet centered in between the trees planted in the landscape easement, if approved by Seminole County Traffic Engineering Department, so that the tree spacing will ultimately be one (1) tree every 40 feet. 11. The maximum building height in all parcels, except as otherwise noted herein, shall be as follows: Parcel No. Land Use Maximum Building Height (Ft.) 12 Commercial 78 13 Commercial 6f 14 Commercial/Office 78 15 Medical Campus 78 16 Commercial 78 18 Office 35 19 Office 35 20 Office 35 21A Commercial 78 21B Commercial 78 22 Wellness Center 78' 23 Commercial 35 24 Commercial 35 7 Parcel No. Land Use Maximum Building Height (FL) 25 Commercial/Office 35 26 Commercial 35 27 Commercial 78 28 Commercial 35 29 Commercial 35 30 Commercial 35 31 Commercial 35 32 Commercial 35 34 Office /Showroom 78 36 Low Density Single -Family 35 ' See page of this document. 12. For Parcel 12, Commercial - Regional Shopping Center, parking spaces will be permitted a minimum of 162 square feet in size, with a minimum width of 9 feet and a minimum depth of 18 feet. If angled parking is used, a corresponding reduction in size will be permittable. Parcel 12 shall provide, as a minimum parking standard, 5 spaces/ 1,000 square feet for the first 1 million square feet, and 4.5 spaces/ 1,000 square feet thereafter. The required number of off loading spaces will be determined during the site plan review of Parcel 12. In lieu of interval tree islands to subdivide parking areas into parking bays with not more than forty (40) spaces, the developer of Parcel 12 may elect to install tree "diamonds" with a minimum 30 square feet plantable area a maximum of 60' apart. 13. Signage for Parcel 12, Commercial- Regional Shopping Center, shall be consistent with the Land Development Code Sign Regulations with the following clarification and/or additions: a) All department stores, for purposes of point of sale signage, shall be permitted one sign on each of three sides, the total square footage of any sign shall not exceed two (2) square feet for each lineal foot of building frontage on that side. H b) The regional shopping center (non - department store areas) shall be permitted point of sale signage on each facade, based upon a maximum allowable copy area of two (2) square feet for each lineal foot of building frontage. C) Two (2) ground or pylon signs will be permitted at each entrance into Parcel 12 from a public street or right -of -way. d) Two (2) ground or pylon signs will be permitted at the intersection of Street A and Red Bug Lake Road, Street B and Red Bug Lake Road, Street A and Winter Springs Boulevard, Winter Springs Boulevard and State Road 436. e) One (1) off -site sign will be permitted, visible from the northbound travel lanes of the Greeneway. VI. Vehicle and Pedestrian Circulation Internal Roadways - Streets A and B are to be private roads owned and maintained by the Dovera Community Development District. 2. The minimum separation on Street A between all driveways fronting on the same side of the road will be 200 feet. All driveways located on opposite sides of the roadways shall be aligned on the same centerline or be offset by a minimum distance of 200 feet measured center to center. 3. Access to parcels along Red Bug Lake Road are limited to those shown on the Final Master Plan, Exhibit 2. 4. Right -of -way to provide adequate access to Parcel 34 will be provided at the time of site plan approval. Approval from the railroad will be obtained where necessary. Sidewalks will be a minimum of 5 feet in width along both sides of Streets A and B. VII. Recreation and Open Space The Developer is providing 175.5 acres of open space as depicted in Table 2, Open Space Acreage by Type. Open Space shall include surface water areas below the control water elevation for ponds/water bodies constructed as part of the Master Stormwater System E Table 2 OVIEDO CROSSING OPEN SPACE ACREAGE BY TYPE Land Use Acres Wetlands and Mitigation 90.9 Open Space 36.0 Lakes 48.6 Total 175.5 VIII. Facility Commitments A. Surface Water Management Facilities The Developer shall provide a stormwater management system in conformance with Seminole County Land Development Code and St. Johns River Water Management District Regulations. The master drainage system is shown on the Post - Development Drainage Plan (Exhibit 3). 2. The Developer will provide a surface water management system which incorporates manmade lakes and existing wetland areas as detention facilities to attenuate the post- development peak rate of runoff to no greater than the pre - development peak rate for the 25 -year, 24 -hour storm event. The manmade lakes will also serve as site amenities and, therefore, will not be fenced. 3. Retention and detention treatment of the stormwater runoff will be provided in the surface water management system by means of wet detention ponds and other best management practices incorporated into the surface water management system. Detention volume will be achieved through the storage created in the proposed pond improvements and in the existing wetlands. Wet detention ponds will be designated to treat the pollution abatement volume for the greater of 1 -inch of runoff or 2.5 inches times the percentage of impervious surface areas. 10 4. Parcels within drainage Basins No. 5 (See Exhibit 3, Post - Development Drainage Plan) discharges directly to the existing wetland, and shall incorporate a pre - treatment structure as part of the stormwater collection system improvements prior to connection to the wetland. An example of an outfall pretreatment structure, which has been approved by Seminole County for this project is shown on Exhibit 3. The purpose of the pre- treatment structure is to remove floatables and dissipate the energy of the stormwater discharges so as to minimise transfer of sediments and siltation within the wetlands. 5. During construction of the infrastructure improvements, turbidity barriers will be installed at locations where the possibility of transferring suspended solids into the receiving waterbody or wetland exists due to the proposed work. Turbidity barriers must remain in place at all locations until construction is completed and soils are stabilized and vegetation has been established. Thereafter, the contractor will be responsible for removal of the barriers. 6. Development within flood -prone areas will comply with the requirements of the Seminole County Land Development Code. Compensatory storage for natural floodplain storage capacity lost to fill on the project site will be created in the on -site surface water management system or other designated areas of the project site. 7. Conservation easements will be dedicated to Seminole County at the time of platting for preserved wetland areas. B. Water and Wastewater Facilities 1. Seminole County will provide water service to the site for all phases of development. Seminole County has a 12 -inch water main along the realigned Red Bug Lake Road, extending to SR 426. Required project infrastructure improvements include the extension of water distribution facilities internal to the project necessary to serve the proposed development. Also, the extension of the 12 -inch water main from the realigned Red Bug Lake Road/SR 426 intersection, south along SR 426 to connect with the existing 12 -inch water main at the Slavia Road/SR 426 intersection will be required. Seminole County shall participate in costs associated with water main oversizing, if required. 11 2. Seminole County will provide treatment capacity at the Iron Bridge Treatment Plan for wastewater generation from the project. The Developer will provide the wastewater collection system and lift stations, to be dedicated to Seminole County, for collection and transmission of wastewater to existing Seminole County facilities. Seminole County will own, operate, and maintain the water distribution and wastewater collection /transmission infrastructure improvements servicing the project. Easements and/or rights -of -way shall be dedicated to Seminole County for the operation and maintenance of the water distribution and wastewater system improvements. Water distribution and wastewater system improvements internal to the individual parcels shall be owned and maintained by the parcel owners. 4. There are estimated to be 15 existing irrigation wells remaining on the project site. As development of the property occurs, these wells will be capped and abandoned according to requirements of the St. Johns River Water Management District, unless the wells are situated at a location where they can be used for irrigation water supply. XI. Other Commitments A. Maintenance: A mandatory property owners association or other entity will be established to maintain all common areas within the development including road rights -of -way, all open space and recreational facilities. B. Unless specifically addressed in this agreement or in the Viera Agreements and Development Commitments with Seminole County, all development shall fully comply with all the codes and ordinances, including impact fee ordinances, in effect in Seminole County at the time of issuance of any permit. C. Developer Definition: When the term "Developer" is used herein, the same shall be taken or construed to mean The Viera Company. All obligations, liabilities, and responsibilities incurred by or implied by the Developer by this Agreement shall be assumed by any successors in interest as the Overall Developer of the Planned Unit Development. D. Dovera Community Development District has been established to provide infrastructure and maintenance within the development. 12 Approved and Accepted THE VIERA COMPANY By: Developer By: Board of County Commissioners Seminole County, Florida 13 EXHIBIT "D -1" - AFFECTED EASEMENT AREA I M 0 LEGAL DESCRIPTION A STRIP OF LAND BEING A PORTION OF THE SOUTH 10.00 FEET OF TRACT 'C'. TUSCAWILLA PLAZA. ACCORDING TO THE PLAT THEREOF. AS RECORDED IN PLAT BOOK 35. PAGE 98 OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, SAID STRIP ALSO BEING A PORTION OF A CONSERVATION EASEMENT AS RECORDED IN OFFICIAL RECORDS BOOK 2648, PAGE 0039 OF SAID PUBLIC RECORDS, BEING THE SOUTH 10.00 FEET OF THE ABOVE SAID TRACT 'C' SAID STRIP OF LAND DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF SAID TRACT 'C' FOR THE POINT OF BEGINNING. THENCE RUN NORTH 00 604'00' EAST. ALONG THE VEST LINE OF SAID TRACT 'C'. A DISTANCE OF 10.00 FEET: THENCE RUN SOUTH 89009'49' EAST, ALONG THE NORTH LINE OF THE AFORESAID SOUTH 10.00 FEET OF TRACT 'C'. A DISTANCE OF 284.71 FEET TO A POINT ON THE WESTERLY LIMITED ACCESS RIGHT -OF -WAY LINE OF STATE ROAD 417, ACCORDING TO THE FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT -OF -WAY MAP SECTION 97770.2302. SHEET 3 OF 9 DATED JANUARY. 1990. SAID POINT ALSO LYING ON A NON - TANGENT CURVE CONCAVE NORTHWESTERLY: THENCE RUN SOUTHWESTERLY ALONG SAID WESTERLY LIMITED ACCESS RIGHT -OF -WAY LINE AND SAID CURVE. HAVING A RADIUS LENGTH OF 15128.67 FEET. A CENTRAL ANGLE OF 00'02'23'. AN ARC LENGTH OF 10.45 FEET. A CHORD LENGTH OF 10.45 FEET, AND A CHORD BEARING OF SOUTH 1746':6' %VEST TO THE SOUTH LINE OF SAID TRACT 'C': THENCE RUN NORTH 25109'49' WEST. ALONG SAID SOUTH LINE. 281.53 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED TRACT OF LAND LIES IN S£MINOLE COUNTY. FLORIDA AND CONTAINS 0.06S ACRES 12531 SOUARE FEET). MORE OR LESS. SURVEYOR'S NOTES: (1) REPRODUCTIONS OF THIS SKETCH ARE NOT VALID UNLESS SEALED WITH THE SURVEYOR'S EMBOSSED SEAL 121 LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHTS -OF -WAY. EASEMENTS. OWNERSHIP. OR OTHER INSTRUMENTS OF RECORD BY THIS FIRM. (3) BEARINGS SHOWN HEREON ARE ASSUMED. RELATIVE TO THE SOUTH LINE OF TRACT 'C'. TUSCAWILLA PLAZA. ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 35. PAGE 98 OF THE PUBLIC RECORDS OF SEMINOLE COUNTY. FLORIDA. (4) THE 'LEGAL DESCRIPTION' HEREON HAS BEEN PREPARED BY THE SURVEYOR AT THE CUENT'S REOUEST. 151 THE DELINEATION OF LANDS SHDr -% HEREON ARE AS PER THE CLIENT'S INSTRUCTIONS. (6) THIS SURVEY DOES NOT CONSTITUTE A BOUNDARY SURVEY. AS SUCH. WE HEREBY CERTIFY THAT THIS LEGAL DESCRIPTION OF THE HEREON DESCRIBED PROPERTY IS TRUE AND CORRECT TO THE BEST OF OUR KNOWLEDGE AND BELIEF AS PREPARED UNDER OUR DIRECTION IN AUGUST. 1994. WE FURTHER CERTIFY THAT THIS LEGAL DESCRIPTION MEETS THE MINIMUM TECHNICAL STA14DARDS SET FORTH IN CHAPTER 61617.6 IF.A.C.) ADOPTED BY THE FLORIDA BOARD OF LAND SURVEYORS. PURSUANT TO FLORIDA STATUTES 472.02 SHEET 1 OF 2 DAVID A. WHITE. P.L . (THIS IS NOT A SURVEY) RMAMA Are'ZATRATION1 NO. 4f44 PEC/ePROFESSIONAL ENGINEERING CONSULTANT'S, INC. mpinfers p/onn4rl sarrepors $wit• 1810 role Fero Cow /r4 100 Cos/ R&Aiwri" street Or/44I4, r/4rl /4 1180/ 4071411 -0041 Section 16 J Township 4/7 South Range 3/ East DAr£, Au6uSr ?3. 1994 I.Awm or: hVM• DRAIYN sr: D•L - Z. JOB MD: ✓I - o? 1/ SHEET 2 OF 2 LEGAL DESCRIPTION 00 \ po• 04• , ` r �,�sf �• 2 10.°oi wJ 00 E PEE. P.O.B. �� 04 � • o oe` .r. w. ca�rP nec�c- 14. ^.�. 5.89 4.1 An�� L • /oi.ss• q =, PAC- C • /00, 63- zJ OFf N10 N. 99.09 49W. S01Jv -t-I AP - /949..X) L.A. AIN A • 07'16'00 r-f -« L • 247..10' i J • 0002 ;13" 4s W VAMP /ES) � 1 7' .P /W MA SN TE �F D 0 ?302 EEr 3 OF9 D, Z Cr /DN- 97770 \ C a,' spr/1•/;�', 4 �� tM AF 2760. 6 ?" a :02•/4 03" C1 L : /07.6S a C, 107 C4 m n �n •�� a R1 r a G LEGE/v0 . K.1 c' p ro r,��o� •n? A 41- CENrP44 AN6YE ,roR R' 90 17 t .oar tEivcrH � , 39•� • . �, C C`NUP+o L CNCTt! c 1 S CB CHOQO Bfq�Q /NC .S' P STATE AM0 F. D. D. T. a AZ4W0.4, OLcAbpmewr � OF r4.4,VS~r470V 23 �• 91. Ss R1w RIO-vi- ac W.4 .4. L /M/tE0 4 CCESS 3� 6 L -197.34 ' Roe • Aawr of c~4vw&wE�vr N S Q P.O.D. + A AIr OF 4Wi 1AN/NG. AvrF: Ywls d Aor A SuR Vr PEC/ePROFESSIONAL ENGINEERING CONSUL rANTS , INC. ppim,ers p/onwerf Jurrefort irife /!IO role Per• Cowlre foo rest Robiweoe Street Or/oeeo, r/or/Ie J1001 #Or /4rr -*"1 Section 16 1 rownshi South ; Ron 3/ East oArr� 4c/6C/Sr Z3 /994 MVP or: W M 0RAWA1 8r : O Z• Z. -0e Z: yr - OZ /• / . EXHIBIT "E" DEVELOPMENT CONDITIONS FOR A REGIONAL MALL City of Oviedo A regional mall shall develop according to the standards and conditions set forth herein. (1.) Zoning & Permissible Uses: A regional mall development is a legitimate use allowed within the C -2 commercial zoning classification established in Articles IX and X of the City Land Development. The following additional uses are consistent with the C -2 zoning: Motor vehicle Related sales and services, including: motor vehicle repair and maintenance (no. substantial body work), sales with installation of motor vehicle parts. Liquor sales (subject to issuance of State liquor permits) (2.) Intensity of Use: Maximum Floor Area Ratio: .49 Within parcel 12 there will be no setbacks required between buildings. There shall be 30 foot setbacks from public right of ways. (3.) Maximum Building Heigj�t- No building's habitable space shall exceed 60 feet in height. (4.) Landscaping_ A single coordinated landscape plan shall incorporate the entire Property, integrating a natural aesthetic environment with building architecture and site design. The north access parcel and adjacent water areas shall be integrated into the landscape plan to create a parkway environment leading to the mall site. The following landscape requirements shall apply to regional mall development. Parking Area Landscaping: Landscaping shall offer visual relief to vast expanses of paving by creating islands and corridors of existing and planted vegetation between buildings and their perimeter parking locations. Buffer Design: To complement and promote the mall building architecture and design, flexibility in landscape design is allowed Xeriscape: The landscape plan shall be consistent with the intent of the City's xeriscape requirements. Irrigation of areas less than 5,000 sq.ft. shall not be required where xeriscape design is incorporated into the landscape plan. (5.) Parkin a.) Space Dimensions: Minimum dimensions shall be 9'x 18' for standard parking spaces; handicap parking spaces shall be designed consistent with State laws and American Disability Act requirements. b.) Parking Requirements: Up to one million square feet floor area: 5 spaces per 1,000 sq. ft. Above one million square feet floor area: 4.5 spaces per 1,000 sq.ft. Parking guidelines shall be are evaluated with respect to the combined floor area of all buildings comprising the mall property. Parking guidelines may be reduced upon adequate demonstration that overall parking needs are less than that established above. C.) Appropriate bicycle parking provisions shall be installed near major public entryways to buildings. (6.) Loading Areas. All loading areas shall be visually screened from all areas adjacent to the Property and, to the greatest extent possible, from on -site parking and roadways. Location and type of loading areas shall be designed to accommodate the needs of a regional mall. (7.) Signs. The City recognizes that a Regional Mall is not typical of commercial development regulated by the City's existing sign code. Signage will be consistent with Regional Malls in Seminole County. 2