HomeMy WebLinkAboutJDC Calhoun, Inc Town Center Phase II - 2005 12 15
BROWN, GARGANESE, WEISS & D'AGRESTA, P.A.
Attorneys at Law
Debra S. Babb-Nutcher"
Usher L. Brown ·
Suzanne D'AgrestaO
Anthony A. GarganeseO
J.w. Taylor
Jeffrey S. Weiss
Offices in Orlando, Kissimmee
& Cocoa
Joseph E. Blitch
Victoria L. Cecil
Scott J. Domstein
Andrew M. Fisher
Katherine W. Latorre
Paul H. McLester
Amy J. Pitsch
.Board Certified Civil Trial Lawyer
oBoard Certified City, County & Local Government Law
Erin J. O'Leary
Of Counsel
December 16,2005
Via Federal Express
Mr. Shane Doran
216 Seven Farms Drive, Suite 200
Charleston, South Carolina 29492
,'~>
Re: WSTC Phase II Dev~loper's Agreement between the City of Winter Springs
and JOC Calhoun, Inc.
Dear Shane:
Enclosed is a copy of the fully executed Winter Springs Town Center Phase II Development
Agreement, dated December 15, 2005. Please be aware that it was necessary to correct page 1
of the Development Agreement that was provided by your office. Further, we inserted one
additional sheet to Exhibit "B." The same can be found on Page 1 of 14 of Exhibit "B."
The City Manager also noticed a discrepancy on the Phase II B Concept Plan. That
Concept Plan shows two rows of parking along State Road 434. The rows of parking are
inconsistent with the Town Center Code and will obviously need to be engineered to Code at a later
date. In the meantime, in an effort to limit disruption of the pending closing, we are transmitting to
you the fully executed Agreement at the City Manager's direction with the clear understanding that
the Phase" Concept Plan is incorrect and will be corrected after the closing and before recording.
As always, should you have any questions, please do not hesitate to contact me.
cc: Ron McLemore, City Manager
Enclosure
Anthony A Garganese
City Attorney
225 East Robinson Street. Suite 660' P.O. Box 2873. Orlando, Florida 32802-2873
Orlando (407) 425-9566 Fax (407) 425-9596' Kissimmee (321) 402-0144' Cocoa (866) 425-9566
Website: www.orlandolaw.net . Email: firm@orlandolaw.net
THIS INSTRUMENT WAS PREPARED BY
AND SHOULD BE RETURNED TO:
Anthony Garganese
City Attorney of Winter Springs
Brown Garganese, Weiss & D' Agresta, P.A.
225 E. Robinson St., Suite 660
Orlando, FL 32801
(407) 425-9566
FOR RECORDING DEPARTMENT USE ONLY
WSTC PHASE II DEVELOPER'S AGREEMENT
THIS WSTC PHASE II DEVELOPER'S AGREEMENT (the "Agreement") is made
and executed this 15th day of December, 2005, by and between the CITY OF WINTER
SPRINGS (a Florida municipal corporation) (the "City"), whose address is 1126 East S.R. 434,
Winter Springs, Florida 32708, and IDC CALHOUN, INC. (a Georgia corporation) ("JDC"),
whose address is 216 Seven Farms Drive, Suite 200, Charleston, South Carolina 29492.
WIT N E SSE T H:
;'~
WHEREAS, Section 163.3167, Florida Statutes, provides that each local government is
encouraged to articulate a vision of the future physical appearance and qualities of its community
as a component of the local comprehensive plan through a collaborative planning process with
meaningful public participation; and
WHEREAS, the City completed a comprehensive planning study, with extensive public
participation from local residents and local, county, and state officials, which resulted in the
adoption ofthe Winter Springs Town Center Plan; and
WHEREAS, JDC is the contract purchaser and it or its assignee will be the owner and
developer of approximately 46.5 acres of land located within the boundaries of the City of
Winter Springs Town Center, North of State Road 434 and East of Main Street (aka Tuscawilla
Road) and more particularly described on Exhibit "A" attached hereto and by this reference
made a part hereof (the "Property"); and
WHEREAS, JDC plans to develop a mixed-use project ("Project") on the Property, as
preliminarily depicted in that certain Concept Plan, entitled "Winter Springs Town Center",
submitted to the City Commission of Winter Springs on October 17, 2005, and prepared for the
James Doran Company and consisting of fourteen (14) sheets including a concept site plan,
typical front elevations and colors for buildings, floor plans for residential units (collectively
.,..,--
WSTC Phase II Development Agreement
City of Winter Springs! JDC Calhoun, Inc.
Page 1 of 10
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referred to as the "Concept Plan"), a copy of said Concept Plan is attached hereto as Exhibit "B"
and incorporated herein by this reference, and in accordance with the terms and conditions of this
Agreement; and
WHEREAS, JDC and City desire to memorialize their understandings and agreements
regarding the Project; and
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties mutually agree as follows:
1. Recitals. The foregoing recitals are true and correct and are hereby incorporated
herein by this reference.
2. Authority. This Agreement is entered into pursuant to the Florida Municipal
Home Rule Powers Act.
3. Oblieations and Commitments. In consideration of JDC's commitment to
diligently pursue closing on the Property in accordance with paragraph 3.16, the City and JDC
hereby agree as follows:
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3.1 Approval of Concept Plan. The City hereby acknowledges and agrees that
the Concept Plan, which provides, inter alia, for gIinimum of 400.000 square fe~t
of retail, 300,000 square feet of office, and 700 multi-family units, all in buildings
up to six (6) stories in height, as well as appropriate parking structures, is
acceptable to the City; provided, however, IDC shall have the obligation to
further spbmit and obtain the City's approval of a final site plan and final
engineering plans._ Moreover, JDC acknowledges and agrees that nothing in the
Concept Plan shall be construed to represent the final number of parking spaces
which will be required for the Project. JDC shall also have the obligation to
construct aesthetic enhancements to the Project as may be reasonably requested
by the City in accordance with the City Code, particularly the City's aesthetic
review ordinanc,e. JDC acknowledges and agrees that the Concept Plan was not
prepared with specific final surveyed dimensions and that during the final site
plan and final engineering process such dimensions shall be surveyed, duly
engineered, and provided to the City~ As such, JDC and the City agree that the
Conce t Plan is intended to be conceptual in nature and subject to reasonable
adjustments at the final site plan an final engineering phase in order to bring the
project into compliance with the City's Comprehensive Plan and Code.
3.2 Future Chane:es in Mix of Uses. Nothing contained herein shall be deemed
to preclude JDC from seeking a changein said mix of uses,.provided that any
substantial change in the mix of uses are approved by the City Commission in
accordance with the City's Comprehensive Plan and Code. Should JDC propose a
change in the mix of uses, the City may require an updated traffic study for the
Project in order to determine whether or not roadway improvements and parking
requirements should be amended.
WSTC Phase II Development Agreement
City of Winter Springs/ JDC Calhoun, Inc.
Page 2 ofIO
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3.3 Phasing of Project; Commencement of Phase IIA. IDC intends to develop
the Project in two phases. The first phase of the Project ("Phase IIA") shall not be
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Ehasei and shall be developed as a single development project as depicted on
Exhibit "C". which is attached hereto and incorporated herein by this reference.
Phase IIA will contain not less than 30,000 square feet of office or retail, not less
than 300 residential units, and two (2) parking structures. Phase IIA shall also
include all frontage on Main Street between McDonalds and Magnolia Park. IDC
shall submit to the City all permit applications for the construction of Phase IIA
no later than one hundred twenty (120)-days following the date that IDC and the
City approve and execute an Implementation Agreement pursuant to paragraph 4
of this Agreement. IDC agrees to commence substantial construction of Phase
IIA within one hundred twenty (120) days from the date that the City issues a
building permit for all or part of the construction of Phase IIA.
3.4 Phasing of Project; Commencement of Phase lIB. IDC intends to
commence substantial construction of the second hase of the Project as depicted
on Exhibit ase ill") no later than sixty-days following the City's
issuance of the final certificate of occupancy for Phase IIA. IDC and City agree
that Project depicted on Exhibit "D" may be amended from time to time and will
be further defined by mutual agreement of the parties pursuant to paragraph 4 of
this Agreement.
3.5 Roadways. Unless otherwise provided in this paragraph, all roadways shown
on the Concept Plan (the "Roads") shall be designed and constructed pursuant to
applicable provisions of the City Code. The Roads shall be located in accordance
with the Concept Plan, as may be amended from time to time. The City agrees to
~omptly amend the Town Center Transportation Master Plan to incorporate the.
Roads into said Master Plan~ Subject to final City approval, IDC agrees to
design, permit, and construct the Roads; provided, however, that the City shall
reimburse IDC for the reasonable costs thereof as mutually agreed to pursuant to
paragraph 4 of this agreement~
IDC agrees to convey to the City that portion of the Roads located on the Property
and all other roadways (excluding alleyways) depicted on the Concept Plan, along
with all related improvements thereon and thereunder. All such land conveyances
shall be by a recorded plat and free and clear of all encumbrances. Conveyance of
improvements shall be by bill of sale and free and clear of all liens. Said plat and
bill of sale shall be in a form reasonably acceptable to the City Attorney.
3.6 Utilities. The City hereby acknowledges and agrees that it currently has
sufficient water and sewer treatment plant capacity available to service the
Project. Furthermore, all water, sewer, and drainage improvements required on-
site to service the Property shall be desl ed, constructed and installed by IDC,
and the City will reimburse IDC for said improvements to t e extent mutual y
agreed to pursuant to paragraph 4 of this Agreement. -
WSTC Phase II Development Agreement
City of Winter Springs/ IDC Calhoun, Inc.
Page 3 of 10
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3.7 Construction of Storm Water Improvements. IDC shall design the Project
to accommodate the stormwater requirements for the Property and the McDonalds
site, including the roadway improvements to be located adjacent to and/or within
the Project. The City shall permit IDC to use any existing City rights-of-way
~nd/or easements to accommodate storm water generated from the Property. IDC
agrees to convey to the City certain additional land as shown on the Concept Plan
that is necessary to accommodate storm water generated from the Property to the
extent mutually agreed to pursuant to paragraph 4 of this Agreement.
3.8 Cross-Seminole Trail. The Citz shall use its best efforts to convince
_Seminole County to allow utilization of the Cross-Seminole Trail right-of-way for
road access/fire access/on-street parking for the "North" Main Street buildil},g
and/or a clarification that fire codes will allow the "North" Main Street building to
be built without such utilization of the TraIl. '
,
3.9 Parkin!!. JDC agrees to design, permit, and construct private and publLc
arkin within the two parking structures required in Phase IIA in accordance
with City guidelines and requirements. n addition to the pu IC par ing spaces
required above, JDC agrees, to the extent feasible, to design, permit, and construct
additional public parking spaces in said parking structures upon the City's request.
-Cost sharin for the two Phase IIA parking structures shall be mutuall a reed to
in accordance with paragraph 4 of thIS greement.
.
3.10 Doran Drive Traffic Si!!nal. T1!e City shall diligently pursue approval of
Jraffic sigp.al facilities at the intersection of Doran Drive and S.R. 431 by the
Florida Department of Transportation (FDOT). The City shall install such
facilities, at the City's sole cost and expense, as soon as possible after such
approval, but in no event any later than nine (9) months from the effective date of
this Agreement.
3.11 Development Permit Fees. IDC agrees to pay all ordinary and
customar development permit fees imposed by the City; provided, however, that
~he City agre~s, in accor ance WIt the City 0 e" to re uce transportation impact
fees by an amount justified by a dul ualified traffic engineering consultant that
~ acceptable to oth JDC an the City. JDC and the City agree that Glatting-
Jackson is an acceptable consultant. For the purposes of calculating transportation
impact fees, the City will use an aggregated retail rate. -
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3.12 Miscellaneous FDOT Traffic Issues. Consistent with the City's
Comprehensive Plan (including, but not limited to, the goals, policies and
objectives for the Town Center and Central Business District), the Town Center
Code and the "Victor Dover Grid," the City shall continue to diligently pursue with
FDOT street calming and heautification efforts; access/signalization textured
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gosswalks: entry features at the outer perimeter of the Town Centerj lowered spe!:d
limits; the a roval fundin and installation oftraffic Ii ts for Phase lIB of the
roJect; and other issues that may be identified by the City from time to time.
WSTC Phase II Development Agreement
City of Winter Springs/ JDC Calhoun, Inc.
Page 4 of 10
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3.13 Amphitheater. The City shall use its best efforts to secure financin~ for an
amphitheater at Magnolia Park. ~DC shall convey to the City at no cost u _ to 0.5 -
acres as shown on Exhibit .q::" hereto for the construction of such amphitheater.
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3.14 Inspection Personnel. The City shall, if necessaz:y, engage s!!fficient J '1J,
persol1!!el - either throu City employees or third- art vendor - for the If'
~uilding Department to perform mspec Ions on an expedited b~is.
3.15 Town Center Code Waivers. Based on the Concept Plan and IDe's
agreement to the terms and conditions set forth in this Agreement, the City
Commission hereby grants the following waivers to the Town Center District
Code pursuant to the special exception criteria enumerated in Section 20-321(c):
(A) Balconies. The City agrees that the Hoot balcony ru1p. for f;:p.r.(\nn f1<mr
balconies shall apply as provided in the Town Center Code, however,
balconies on other upper level floors shall be a combination of four and two
foot deep balconies.
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(B) Height. The height of any and all buildings constructed within the Property
and depicted on the Concept Plan shall be consistent with the City's
Comprehensive Plan and shall be constructed to a height of six (6) storie~.
3.16 Closing on the Property. Upon the effective date of this Agreement, IDC
shall continue to diligently pursue the closing with the current owner of the
Property in order to become the fee simple owner of the Property. Should IDC
fail to close on the Property within six (6) months of this Alrreement. this
Agreement shall automatically terminate Jlnless the six month time period is
extended by the parties in writing. Upon termination hereof, neither party shall
have any rights or obligations hereunder.
4. Implementation Agreement. Upon the effective date of this Agreement, the City and
IDC shall commence, in good faith, negotiations for purposes of reducing to writing an
"Implementation Agreemel11." The purpose of the Implementation Agreement will be to
set out the parties' mutual expectations for implementing this Agreement and designivg,
germitting, and constructing the Project. Said expectations shall include, but not be
limited to, cost sharing of infrastructure improvements and parking, as well as aesthetic~,
im act fee credits, expedited permit review, and construction schedules. The parties shall
endeavor to comp ete and execute the Implementation greement within sixty (60) days
2f the effective date of this Agreement-1 but in no event will said completion and
execution be later than the City's issuance of any final development order for Phase IIA
of the Project. In addition, IDC and the City agree that the previous agreement between
the City and Schrimsher, dated June 26, 2000, shall remain binding on the Property;
except, however, the Small Neighborhood Squares #4 and #5 required by paragraph 1Y
!herein shall be relocated as mutual agreed to by IDC and the City. Further, paragraph IX
East Market Square Parcel is hereby deleted. In the event that JDC and the City shall
fail to agree and execute an Implementation Agreement within six (6) months of the
WSTC Phase II Development Agreement
City of Winter Springs/ IDC Calhoun, Inc.
Page 5 of 10
effective date of this Agreement, this Agreement shall automatically terminate unless the
six month time period is extended by the parties in writing. Upon termination, neither
party shall have any rights or obligations hereunder.
5. Representations of the Parties. The City and JDC hereby each represent and warrant
to the other that it has the power and authority to execute, deliver and perform the terms
and provisions of this Agreement and has taken all necessary action to authorize the
execution, delivery and performance of this Agreement. This Agreement will, when duly
executed and delivered by the City and IDC, constitute a legal, valid and binding
obligation enforceable against the parties hereto in accordance with the terms and
conditions of this Agreement and upon the Property upon recordation pursuant to
paragraph 12.
6. Successors and Assiens. This Agreement shall automatically be binding upon and
shall inure to the benefit of the City and IDC. Prior to recordation of the Agreement, any
assignment of this Agreement shall require the mutual written consent of the parties.
Notwithstanding anything contained herein to the contrary, IDC may assign, with prior
written notice to the City, its rights and obligations hereunder to one or more affiliates of
JDC which may acquire title to all or any part of the Property.
7. Applicable Law. This Agreement shall be governed by and construed in accordance
with the laws of the State of Florida and the City's Comprehensive Plan and Code. Any
reference in this Agreement to the laws of Florida and the City's Comprehensive Plan and
City Code shall mean the applicable law, comprehensive plan, or code, as may be
amended from time to time.
8. Amendments. This Agreement shall not be modified or amended except by written
agreement duly executed by both parties hereto (or their successors or assigns) and
approved by the City Commission.
9. Entire Aereement. This Agreement supersedes any other agreement, oral or written,
and contains the entire agreement between the City and JDC as to the subject matter
hereof.
10. Severability. If any provision of this Agreement shall beheld to be invalid or
unenforceable to any extent by a court of competent jurisdiction, the same shall not affect
in any respect the validity or enforceability of the remainder of this Agreement.
11. Effective Date~ Termination. This Agreement shall become effective upon approval
by the City Commission and execution of this Agreement by both parties hereto. This
Agreement may be terminated by mutual written agreement of the parties or pursuant to
the terms and conditions set forth in paragraphs 3.16 or 4.
12. Recordation. This Agreement shall be recorded in the Public Records of Seminole
County, Florida at such time IDC closes on the Property. Upon recordation, the terms
and conditions of this Agreement shall be binding upon the Property and shall run with
,;'-"
WSTC Phase II Development Agreement
City of Winter Springs/ IDC Calhoun, Inc.
Page 6 of 10
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21. Force Majeure. Neither the City nor IDC shall be in default of this Agreement if
delays in or failure of performance are due to Uncontrollable Forces, the effect of which the
non-performing party could not avoid by the exercise of reasonable diligence. Neither party
shall, however, be excused from performance if nonperformance is due to forces or events
that are preventable and which the non-performing party could have, with the exercise of
reasonable diligence, prevented with reasonable dispatch. The non-performing party shall,
within a reasonable time of being prevented or delayed from performance by an
Uncontrollable Force, give written notice to the other party describing the circumstances and
Uncontrollable Forces preventing continued performance of the obligations of this
Agreement, and the expected time when performance in compliance with this Agreement
will resume. Agreement to the extension of the time period to perform shall not be
unreasonably be withheld by the other party.
[SIGNATURES FOLLOW ON NEXT PAGE]
WSTC Phase II Development Agreement
City of Winter Springs/ IDC Calhoun, Inc.
Page 8 of 10
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title to the same. After recordation of this Agreement, should this Agreement terminate
by mutual agreement of the pi)rties or pursuant to paragraph 4, the City will record a
notice of termination of development agreement in said public records upon termination.
13. Relationship of the Parties. The relationship of the parties to this Agreement is
contractual and JDC is an independent contractor and not an agent of the City. Nothing
herein shall be deemed to create a joint venture or principal-agent relationship between
the parties, and neither party is authorized to, nor shall either party act toward third
persons or the public in any manner, which would indicate any such relationship with the
other.
14. Soverei2n Immunitv. Nothing contained in this Agreement shall be construed as a
waiver of the City's right to sovereign immunity under Section 768.28, Florida Statutes,
or any other limitation on the City's potential liability under the state and federal law.
15. City's Police Power. JDC agrees and acknowledges that the City hereby reserves all
police powers granted to the City by law. In no way shall this Agreement be construed as
the City bargaining away or surrendering its police powers.
16. Interpretation. The parties hereby agree and acknowledge that they have both
participated equally in the drafting of this Agreement and no party shall be favored or
disfavored regarding the interpretation to this Agreement in the event of a dispute
between the parties.
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17. Third-Party Ri2hts. This Agreement is not a third-party beneficiary contract and
shall not in any way whatsoever create any rights on behalf of any third party.
18. Specific Performance. Strict compliance shall be required with each and every
provision of this Agreement. The parties agree that failure to perform the obligations
provided by this Agreement shall result in irreparable damage and that specific
performance of these obligations may be obtained by a suit in equity.
19. Attornev's Fees. In connection with any arbitration or litigation arising out of this
Agreement, the prevailing party shall be entitled t6 recover reasonable attorney's fees and
costs through all appeals to the extent permitted by law.
20. Development Permits. Nothing herein shall limit the City's authority to grant or
geny any develo1,Jment permit applications or requests subsequent to the effective date of
this Agreement. The failure of this Agreement to address any particular City, County,
-State and/or Federal permit, condition, term or restriction shall not relieve Developer or
the City of the necessity of complying with the law governing said permitting
requirement, condition, term or restriction. Without imposing any limitation on the City's
police powers, the City reserves the right to withhold, suspend, or terminate any and all
certificates of occupancy for any building or unit if Developer is in breach of any term
and condition of this Agreement.
,.,.-.
WSTC Phase II Development Agreement
City of Winter Springs/ JDC Calhoun, Inc.
Page 7 of 10
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IN WITNESS WHEREOF, the parties have hereunto set their hands and seal on the
date first above written.
CITY OF WINTER SPRINGS
ATTES,T:
B
::J
renzo Luaces, City Clerk
v
1
APPROVED AS TO FORM AND LEGALITY
For the use and reliance of the City of Winter
Springs, Florida, only.
CITY SEAL
Dated:
By:
tfiony Garganese, City Attorney for
the City of Winter Springs, Florida
WSTC Phase II Development Agreement
City of Winter Springs/ JDC Calhoun, Inc.
Page 9 of 10
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By:
Printed
Title:
Signed, sealed and delivered in the
presence of the following witnesses:
S(fa~e of<wi~ness J
J ,ii L H ff' '
Printed Name of Witness
Signature of Witness
Printed Name of Witness
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this /,;:;--t-^-- day of
Dc (' ~JYltJ ~ r, 2005, by I( {) /:J? r't ....T Do ft?-Vl '> Jr., as .p r't:.c.5i iY( e:. n T
of DUN, INC., a Georgia corporation, on behalf of said corporation. He is
ersonally know to me or produced as identification.
(NOTARY SEAL)
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~ Public Signature). g j
t-A.//'C'n .~rdncr
(Print Name)
Notary Public, State of ~IA-t-h. tA..-rt/l/n€1-
Commission No.:
My Commission Expires:
My Commission Expires September 21, 2015
WSTC Phase II Development Agreement
City of Winter Spri!1gs/ IDC Calhoun, Inc.
Page 10 of 10
1-70. n ~\..":>.l- r>
LEGAL DESCRIPTION:
A PORTION OF LOTS 7 AND 8, BLOCK "A", D.R. MITCHELL'S SURVEY OF THE LEVY GRANT ON LAKE JESSUP
SAID LANDS LYING IN SECTION 31, TOWNSHIP 20 SOUTH, RANGE 31 EAST AND SECTION 6, TOWNSHIP 21 SOUTH,
RANGE 31 EAST, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 5, OF THE PUBLIC
RECORDS OF SEMINOLE COUNTY, FLORIDA; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE INTERSECTION OF STATE ROAD 434 AND TUSKAWILLA ROAD (PER FLORIDA DEPARTMENT
OF TRANSPO,RTATION RIGHT OF WAY MAP, SECTION 77070-2516, SHEET 10 OF 13, PI STATION 600+32.11); THENCE
RUN S38'2334"E A DISTANCE OF 27.48 FEET ALONG THE BASELINE OF SURVEY AS SHOWN ON SAID RIGHT OF
WAY MAP; THENCE DEPARTING SAID BASELINE RUN N30'04'56"E A DISTANCE OF 258.26 FEET TO A POINT ON THE
EASTERLY RIGHT OF WAY LINE OF TUSKAWILLA ROAD (FORMERLY KNOWN AS BRANTLEY AVENUE), AS
SHOWN ON SAID RIGHT OF WAY MAP; THENCE CONTINUE N30'04'56"E, ALONG SAID EASTERLY RIGHT OF WAY
LINE, A DISTANCE OF 55.62 FEET FOR A POINT OF BEGINNING; THENCE CONTINUE N30'04'56"E, ALONG SAID
EASTERLY RIGHT OF WAY LINE, A DISTANCE OF 1279.13 FEET TO A POINT ON A NON-TANGENT CURVE CONCAVE
WESTERLY, HAVING A RADIUS OF 1110.99 FEET AND A CHORD BEARING OF S12'25'14"W, SAID POINT ALSO BEING
ON THE WESTERLY LINE OF THE C.S.X. TRANSPORTATION INCORPORATED "LAKE CHARM BRANCH" RAIL
CORRIDOR; THENCE DEPARTING SAID RIGHT OF WAY LINE RUN ALONG SAID WESTERLY LINE AND ALONG
THE ARC OF SAID CURVE THRU A CENTRAL ANGLE OF 6'17'06", A DISTANCE OF 121.87 FEET TO THE POINT OF
TANGENCY; THENCE RUN S15'33'47"W A DISTANCE OF 1013.17 FEET TO THE NORTHWEST CORNER OF RELEASE
PARCEL 2 AS DESCRIBED IN OFFICIAL RECORD BOOK 3988, PAGE 1 095; THENCE DEPARTING SAID WESTERLY
LINE RUN S5 TO 1'44 "E, ALONG THE NORTHERLY LINE OF SAID RELEASE PARCEL 2, A DISTANCE OF 1 04.80 FEET TO
THE NORTHEAST CORNER OF SAID RELEASE PARCEL 2, SAID POINT ALSO BEING ON THE SOUTHERLY LINE OF
ACQUISITION PARCEL B (THE RAILS TO TRAILS CORRIDOR) AS DESCRIBED IN OFFICIAL RECORD BOOK 4092,
PAGE 164; THENCE CONTINUE S5T01'44"E, ALONG SAID SOUTHERLY LINE, A DISTANCE OF 9546 FEET; THENCE
RUN S54'37'59"E A DISTANCE OF 147.17 FEET TO A POINT OF CURVATURE OF A TANGENT CURVE CONCAVE
NORTHERLY, HAVING A RADIUS OF 85.00 FEET; THENCE RUN ALONG THE ARC OF SAID CURVE THRU A CENTRAL
ANGLE OF 61'16'51" A DISTANCE OF 90.91 FEET TO THE POINT OF REVERSE CURVATURE, SAID CURVE BEING
CONCAVE SOUTHERLY, HAVING A RADIUS OF 500.00 FEET; THENCE RUN ALONG THE ARC OF
SAID CURVE THRU A CENTRAL ANGLE OF 38'11'46" A DISTANCE OF 333.32 FEET TO THE POINT OF TANGENCY;
THENCE RUN S7T43'04"E A DISTANCE OF 187.98 FEET; THENCE RUN S46'13'52"E A DISTANCE OF 177.70 FEET;
THENCE RUN S32'50' 43"E A DISTANCE OF 662.97 FEET TO THE INTERSECTION OF SAID SOUTHERLY LINE AND THE
NORTHWESTERLY LINE OF SAID ACQUISITION PARCEL B; THENCE RUN S50' 31 '58"W, ALONG SAID
NORTHWESTERLY LINE, A DISTANCE OF 997.88 FEET TO A POINT ON THE NORTHEASTERLY RIGHT OF WAY LINE
OF STATE ROAD 434 (PER FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY MAP, SECTION 77070-
2516, SHEET 11 OF 13); THENCE DEPARTING SAID NORTHWESTERLY LINE RUN N38'43'16"W, ALONG SAID
NORTHEASTERLY RIGHT OF WAY LINE, A DISTANCE OF 431.17 FEET TO THE POINT OF CURVATURE OF A NON-
TANGENT CURVE CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 790547 FEET AND A CHORD BEARING OF
N3TOO'57"W; THENCE RUN ALONG THE ARC OF SAID CURVE THRU A CENTRAL ANGLE OF 3'24'37" A DISTANCE
OF 470.54 FEET TO THE END OF SAID CURVE; THENCE RUN S51'16'44"W A DISTANCE OF 14.00 FEET; THENCE RUN
N38'43'16"W A DISTANCE OF 136.42 FEET TO THE SOUTHEAST CORNER OF AFORESAiD RELEASE PARCEL 2
THENCE CONTINUE N38'43'16"W A DISTANCE OF 138.78 FEET TO THE SOUTHWEST CORNER OF RELEASE PARCEL
2; THENCE CONTINUE N38'43'16"W A DISTANCE OF 308.12 FEET TO THE MOST SOUTHERLY CORNER OF THOSE
LANDS DESCRIBED IN OFFICIAL RECORD BOOK 2803, PAGE 643; THENCE DEPARTING SAID NORTHEASTERLY
RIGHT OF WAY LINE RUN N30'04'56"E, ALONG THE SOUTHEASTERLY LINE OF SAID PROPERTY, A DISTANCE OF
220.00 FEET; THENCE RUN N38' 43' 16"W, ALONG THE NORTHEASTERLY LINE OF SAID PROPERTY, A DISTANCE OF
200.00 FEET TO THE POINT OF BEGINNING.
TOGETHER WITH:
"A"
A PORTION OF LOTS 7 AND 8, BLOCK "A", D.R. MITCHELL'S SURVEY OF THE LEVY GRANT ON LAKE JESSUP,
SAID LANDS LYING IN SECTION 31, TOWNSHIP 20 SOUTH, RANGE 31 EAST AND SECTION 6, TOWNSHIP 21 SOUTH,
RANGE 31 EAST, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 5, OF THE PUBLIC
RECORDS OF SEMINOLE COUNTY, FLORIDA; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE INTERSECTION OF STATE ROAD 434 AND TUSKAWILLA ROAD (PER FLORIDA DEPARTMENT
OF TRANSPORTATION RIGHT OF WAY MAP, SECTION 77070-2516, SHEET 10 OF 13, PI STATION 600+32.11); THENCE
RUN S38'23'34"E A DISTANCE OF 1729.58 FEET ALONG THE BASELINE OF SURVEY AS SHOWN ON SAID RIGHT OF
WAY MAP; THENCE DEPARTING SAID BASELINE RUN N50' 31 '58''[ A DISTANCE OF 97.29 TO A POINT ON THE
NORTHEASTERLY RIGHT OF WAY LINE OF TUSKAWILLA ROAD (FORMERLY KNOWN AS BRANTLEY AVENUE), AS
SHOWN ON SAID RIGHT OF WAY MAP, FOR THE POINT OF BEGINNING; THENCE RUN N50'31'58"E A DISTANCE OF
1 ,033.48 FEET; THENCE RUN N39'28'02"W A DISTANCE OF 15.00 FEET; THENCE RUN N50'31 '58"E A DISTANCE OF
106.44 FEET; THENCE RUN S83'03'12"E A DISTANCE OF 94.74 FEET; THENCE RUN S4T54'36"E A DISTANCE OF 34.00
FEET; THENCE RUN S3T59'33"E A DISTANCE OF 57.62 FEET; THENCE RUN S68'24'08"E A DISTANCE OF 52.48 FEET
TO THE EASTERLY LINE OF BLOCK "A", DR. MITCHELL'S SURVEY OF THE LEVY GRANT ON LAKE JESSUP AS
RECORDED IN PLAT BOOK 1, PAGE 5; THENCE RUN S05'13'52"W ALONG SAID EASTERLY LINE OF BLOCK "A" A
DISTANCE OF 251.46 FEET; THENCE DEPARTING SAID EASTERLY LINE OF BLOCK "A" RUN S62'36'OO"W A
DISTANCE OF 109.52 FEET; THENCE RUN S50'54'04"W A DISTANCE OF 11.72 FEET; THENCE RUN
S22'O l' 13"W A DISTANCE OF 65.99 FEET; THENCE RUN S29'OO'27"W A DISTANCE OF 44.28 FEET; THENCE RUN
S52'03'03"W A DISTANCE OF 9.60 FEET; THENCE RUN S28'03'23"W A DISTANCE OF 97.92 FEET; THENCE RUN
S44'20'04"[ A DISTANCE OF 176.05 FEET; THENCE RUN S3T21'37"E A DISTANCE OF 71.69 FEET TO A POINT ON THE
AFOREMENTIONED EASTERLY LINE OF BLOCK "A"; THENCE RUN ALONG SAID EASTERLY LINE OF BLOCK "A"
S05'13'52"W A DISTANCE OF 42.89 FEET; THENCE DEPARTING SAID EASTERLY LINE OF BLOCK "K RUN
N2T56'26"W A DISTANCE OF 41.29 FEET; THENCE RUN N36'31'04"W A DISTANCE OF 54.59 FEET; THENCE RUN
N52'32'Ol"W A DISTANCE OF 245.40 FEET; THENCE RUN S89'06'27"W A DISTANCE OF 57.99 FEET; THENCE RUN
S66' 37'02"W A DISTANCE OF 39.09 FEET; THENCE RUN S46'29'24"W A DISTANCE OF 41.50 FEET ; THENCE RUN
S28'55'33"W A DISTANCE OF 3427 FEET; THENCE RUN S 10'02'16"W A DISTANCE OF 55.95 FEET; THENCE RUN
S03'05'47"W A DISTANCE OF 52.29 FEET; THENCE RUN SOT51'13"W A DISTANCE OF 30.86 FEET; THENCE RUN
SOO'47'47"W A DISTANCE OF 49.12 FEET; THENCE RUN SOT25'22"W A DISTANCE OF 52.87 FEET; THENCE RUN
S6T06'00"W A DISTANCE OF 15.29 FEET; THENCE RUN S79'35'Ol"W A DISTANCE OF 6929 FEET; THENCE RUN
N89'18'43"W A DISTANCE OF 9692 FEET; THENCE RUN N60'50'07"W A DISTANCE OF 11948 FEET; THENCE RUN
S86'04'53"W A DISTANCE OF 18665 FEET; THENCE RUN S09.51 '29"W A DISTANCE OF 3.05 FEET; THENCE RUN
N38'S2'11 "w A DISTANCE OF 1 2102 FEET; THENCE RUN S51'16' 44"W A DISTANCE OF 500 FEET TO A POINT ON THE
AFOREMENTIONED NORTHEASTERLY RIGHT OF WAY LINE OF TUSKAWILLA ROAD; THENCE RUN ALONG THE
SAID NORTHEASTERLY RIGHT OF WAY LINE OF TUSKAWILLA ROAD N38.43'16"W A DISTANCE OF 73.56' TO THE
POINT OF BEGINNING
CONTAINS 46553 ACRES (2,027,848.68 SQ. FT), MORE OR LESS
WINTER SPRINGS TOWN CENTER EXHIBIT B 1 OF 14
CITY OF WINTER SPRINGS THE JAMES DORAN COMPANY
CROSS STREET RENDERING
EXHIBIT B 2 OF 14
CITY OF WINTER SPRINGS AND THE JAMES DORAN COMPANY
MAIN CORNER RENDERING
EXHIBIT B 3 OF 14
CiTY OF WINTER SPRINGS & THE JAMES DORAN COMPANY
Full Site Plan Modified A2.5 Upper Floors .
WINTER SPRINGS PHASE 2
JAMES DORAN COMPANY
RESIDENTIAL SITE PLAN
CONCEPTUAL MASTERPLAN
08.01.05
Phase II B Concept Plan/Ground Floor
WINTER SPRINGS PHASE 2
JAMES DORAN COMPANY
RETAIL SITE PLAN
CONCEPTUAL MASTERPLAN
08.01.05
EXHIBIT B 5 OF 14
EXHIBIT B 6 OF 14
WINTER SPRINGS TC SITE PLAN
WINTER SPRINGS TC
JAMES DORAN COMPANY
WINTER SPRINGS, FL
HOUSING.
EXHIBIT B 8 OF 14
CD
BUILDING I LEVEL 2
WINTER SPRINGS TC
HOUSING.
WINTER SPRINGS, FL
500 EaSI aOl."""'>1lrd
Cha,"041'" , Ne 21:<203
"'04:)3:;J"'e<.e2
.... ,0".3"3 Sl380
.. .._'--_._-_._.----_.._------_._----~
EXHIBIT B 9 OF 14
WINTER SPRINGS TC
EXHIBIT B 10 OF 14
WINTER SPRINGS TC
EXHIBIT B 11 OF 14
WINTER SPRINGS TC
EXHIBIT B 12 OF 14
WINTER SPRINGS TC
EXHIBIT B 13 OF 14
WINTER SPRINGS TC
EXHIBIT B 14 OF 14
WINTER SPRINGS TC