HomeMy WebLinkAboutViera Company, The Oviedo Marketplace Parcel 14B-Second Implementation Agreement 2012 03 30 MARYANNE Nom, CLERK OF CIRCUIT COURT
SEMINOLE LIMY
BK 07749 Pp 1023 — 10381 UOpis)
CLERK'S * 2012042179
MIMED 04/1Ua01a 03 :25 :30 PM
Prepared By: RING MS Oti.s0
RECORDO 8Y 8 Harfsrd
Katherine W. Latorre
Winter Springs Assistant City Attorney
Brown, Garganese, Weiss & D'Agresta, P.A.
111 N. Orange Avenue, Suite 2000
Orlando, FL 32802 -2873
(407) 425-9566
OVIEDO MARKETPLACE PARCEL 14B
SECOND IMPLEMENTATION AGREEMENT
THIS SECOND IMPLEMENTATION AGREEMENT ( "Agreement ") is entered into as
of the 26 day of March, 2012, between the CITY OF WINTER SPRINGS, a Florida municipal
corporation ( "City "), and THE VIERA COMPANY, a Florida corporation ( "Developer").
WITNESSETH:
WHEREAS, the purpose of this Agreement is to implement the Oviedo Marketplace
Development of Regional Impact ( "DRI ") Development Order for the development of Parcel 14B;
and
WHEREAS, Developer is the owner in fee simple of certain real property known as "Parcel
14B" containing approximately 11.265 acres subject to development, more or less, located in the City
of Winter Springs within the Oviedo Marketplace DRI, legally described herein ( "Property"); and
WHEREAS, the Property is subject to that certain City of Winter Springs DRI Development
Order for Oviedo Marketplace (formerly Oviedo Crossing) dated November 12, 2001 and recorded
January 17, 2002 in Official Records Book 4298, Page 1855 of the Public Records of Seminole
County, Florida ( "Winter Springs DO ") as amended by that certain First Amendment to the DRI
Development Order for Oviedo Marketplace dated February 27, 2006 and recorded May 3, 2006 in
Official Records Book 06228, Page 1402, of the Public Records of Seminole County, Florida ( "First
Amendment to Winter Springs DO ") and as implemented by that certain Oviedo Marketplace Parcel
14B Implementation Agreement dated October 29, 2009 and recorded November 19, 2009 in Book
7290, Page 1801, Public Records of Seminole County, Florida (the "First Implementation
Agreement "). The Winter Springs DO, the First Amendment to Winter Springs DO and the First
Implementation Agreement are hereinafter collectively referred to herein as the "Development
Order "; and
WHEREAS, the Property is zoned P.U.D. in accordance with the Code of Ordinances, City
of Winter Springs, Chapter 20, Article IV, Planned Unit Developments, Division 2. Part A. Planned
Unit Developments, which such zoning classification authorizes residential dwelling units and
supportive commercial and/or industrial land uses so long as they are complimentary to and
compatible with each other; and
Second Implementation Agreement
City of Winter Springs / The Viera Company
Page 1 of 8
WHEREAS, the Development Order authorizes "Residential" development on the Property;
and
WHEREAS, Developer has requested that the City authorize the development of the
residential portion of the Property as fee simple, detached single family units; fee simple, attached
townhome or condominium residences; an independent living facility; an assisted living facility; or any
combination of these uses, pursuant to the terms and conditions of this Agreement; and
WHEREAS, the City and Developer desire to memorialize their mutual understanding and
agreement as to the character and scope of the "Residential" development of the Property consistent
with the terms of the Development Order; and
WHEREAS, the City finds that fee simple, detached single family units; fee simple, attached
townhome or condominium residences; an independent living facility; and/or an assisted living facility,
subject to the limitations set forth herein, are consistent with the Property's development designation
of "Residential" as set forth in the Development Order and further, that such uses are complimentary
to and compatible with the other uses allowed on the Property pursuant to the Development Order
and with existing development adjacent to the Property; and
WHEREAS, the City desires to provide Developer with a certain amount of flexibility related
to the residential development so that the Property may be developed with a blend of uses to meet a
variety of the City's needs, while ensuring that any such development does not become inconsistent
with the City' s previous approval for residential development; and
WHEREAS, to insure that any residential development now or hereafter constructed on the
Property is complementary to and compatible with other uses allowed on the Property pursuant to the
Development Order and with existing development adjacent to the Property, the City has requested
that Developer place further restrictions on the Property to prohibit non - complementary and
incompatible residential uses on the Property; and
WHEREAS, the City is authorized to regulate the development of the Property; and
WHEREAS, Developer is agreeable to further restricting the Property to insure that any
residential development now or hereafter constructed on the Property is complementary to and
compatible with the other permitted and existing uses on the Property and consistent with the
Development Order.
NOW, THEREFORE, in consideration of the sum of Ten Dollars ($10.00) and other
valuable considerations, the receipt and sufficiency of which are hereby acknowledged by the City, the
parties hereto agree as follows:
1. Recitals. The foregoing recitals are true and correct and are hereby incorporated
herein by this reference as a material part of this Agreement.
Second Implementation Agreement
City of Winter Springs / The Viera Company
Page 2 of 8
2. Authority. This Agreement is entered into pursuant to the Florida Municipal Home
Rule Powers Act.
3. Property. The Property subject to the terms and conditions of this Agreement is
legally described in Exhibit "A," attached hereto and fully incorporated herein by this reference.
4. Residential Development. The City hereby finds that fee simple, detached single
family units; fee simple, attached townhome or condominium residences; an independent living facility
( "ILF "); an assisted living facility ( "ALF "); or any combination of same, subject to the limitations set
forth herein, are consistent with the "Residential" use designation on the Property. Developer shall
develop the 100 residential units authorized on the Property by the Development Order, subject to the
following limitations and conditions:
A. Authorized Residential Uses. Residential development on the Property shall be
limited to the following uses and any uses not specifically stated in this subsection shall be
strictly prohibited on the Property:
i. Single Family Units. Single family units shall be fee simple, detached single
family residences.
ii. Townhomes or Condominiums. Townhomes or condominium units shall
be fee simple attached residences.
iii. ILF. For purposes of this Agreement, an ILF shall mean and refer to a
residential housing project for older persons which is developed, marketed and
administered to restrict residents under a specific age and containing units intended
for occupancy by at least one (1) person of a specific age or older, all in a manner
which is lawful and in full compliance with all federal, state and local laws, ordinances
and requirements applicable to housing projects for older persons. The term "ILF" for
purposes of this Agreement shall not include residential development which is not age
restricted in accordance with the laws referenced above, even if said development may
be marketed to retired persons or is predominantly composed of older or retired
residents.
iv. ALF. For purposes of this Agreement, an ALF is defined as any building,
or buildings, or distinct part of a building, whether operated for profit or not, which
undertakes, through its ownership or management, to provide housing, meals, and one
or more personal services for a period exceeding 24 hours to one (1) or more adults
who are not relatives of the owner or administrator.
B. Residential Units. As used in this section, each one (1) "residential unit" shall
equal:
i. 0.56 fee simple, detached single family residential units;
Second Implementation Agreement
City of Winter Springs / The Viera Company
Page 3 of 8
ii. One (1) fee simple, attached townhome or condominium residential unit;
iii. 1.84 ILF units; or
iv. 3.18 ALF beds.
C. Combination of Residential Development. Developer may develop the Property in
any combination of the authorized residential uses set forth above provided the total number
of residential units does not exceed 100 total units and provided the total daily residential trip
generation does not exceed 642 trips pursuant to the ITE, Trip Generation, 7 Edition (as
applied to 100 approved townhome units for Land Use 230).
D. Conversion of Residential Development. Upon completion of the residential
development of the Property, Developer shall be prohibited from converting any portion of
the residential development to another residential use authorized by this Agreement without
the prior, written consent of the City Commission.
5. Compliance with Ordinances and Regulations. Developer shall comply with all
ordinances and regulations of the City (including, but not limited to, the City Land Development
Regulations), which are applicable to the development of the Property.
6. Representations of the Parties. The City and Developer hereby each represent and
warrant to the other that it has the power and authority to execute, deliver and perform the terms and
provisions of this Agreement and has taken all necessary action to authorize the execution, delivery
and performance of this Agreement. This Agreement will, when duly executed and delivered by the
City and Developer and recorded in the Public Records of Seminole County, Florida, constitute a
legal, valid and binding obligation enforceable against the parties hereto and the Property in
accordance with the terms and conditions of this Agreement. Developer represents that it has
voluntarily and willfully executed this Agreement for purposes of binding the Property to the terms
and conditions set forth in this Agreement
7. Successors and Assigns. This Agreement shall automatically be binding upon and
shall inure to the benefit of the City and Developer and their respective successors and assigns. The
terms and conditions of this Agreement similarly shall be binding upon the Property and shall run with
title to the same.
8. Applicable Law; Venue. This Agreement shall be governed by and construed in
accordance with the laws of the State of Florida. The parties agree that venue shall be exclusively in
Seminole County, Florida, for all state disputes or actions which arise out of or are based upon this
Agreement, and in Orlando, Florida, for all federal disputes or actions which arise out of or are based
upon this Agreement.
Second Implementation Agreement
City of Winter Springs / The Viera Company
Page 4 of 8
9. Amendments. This Agreement shall not be modified or amended except by written
agreement duly executed by both parties hereto (or their successors or assigns) and approved by the
City Commission.
10. Entire Agreement; Exhibits. This Agreement and all attached exhibits hereto
supersede any other agreement, oral or written, regarding the Property and contain the entire
agreement between the City and Developer as to the subject matter hereof. The Exhibits attached
hereto and referenced herein are hereby fully incorporated herein by this reference.
11. Severability. If any provision of this Agreement shall be held to be invalid or
unenforceable to any extent by a court of competent jurisdiction, the same shall not affect in any
respect the validity or enforceability of the remainder of this Agreement.
12. Effective Date. This Agreement shall become effective upon approval by the City
Commission and execution of this Agreement by both parties hereto.
13. Recordation. This Agreement shall be recorded in the Public Records of Seminole
County, Florida.
14. Relationship of the Parties. The relationship of the parties to this Agreement is
contractual and Developer is an independent contractor and not an agent of the City. Nothing herein
shall be deemed to create a joint venture or principal -agent relationship between the 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.
15. Sovereign Immunity. Notwithstanding any other provision set forth in this
Agreement, nothing contained in this Agreement shall be construed as a waiver of the City's right to
sovereign immunity under section 768.28, Florida Statutes, or other limitations imposed on the City's
potential liability under state or federal law. As such, the City shall not be liable, under this
Agreement for punitive damages or interest for the period before judgment. Further, the City shall
not be liable for any claim or judgment, or portion thereof, to any one person for more than one
hundred thousand dollars ($100,000.00), or any claim or judgment, or portion thereof, which, when
totaled with all other claims or judgments paid by the State or its agencies and subdivisions arising out
of the same incident or occurrence, exceeds the sum of two hundred thousand dollars ($200,000.00).
16. City's Police Power. Developer agrees and acknowledges that the City hereby
reserves all police powers granted to the City by law. In no way shall this Agreement be construed as
the City bargaining away or surrendering its police powers.
17. 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.
Second Implementation Agreement
City of Winter Springs / The Viera Company
Page 5 of 8
18. Third -Party Rights. This Agreement is not a third -party beneficiary contract and
shall not in any way whatsoever create any rights on behalf of any third party.
19. 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.
20. Attorney's Fees. In connection with any arbitration or litigation arising out of this
Agreement, the prevailing party shall be entitled to recover reasonable attorney's fees and costs
through all appeals to the extent permitted by law.
21. Development Permits. Nothing herein shall limit the City's authority to grant or deny
any development permit applications or requests subsequent to the effective date of this Agreement.
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.
22. Default; Opportunity to Cure. Should either party desire to declare the other party
in default of any term and condition of this Agreement, the non - defaulting party shall provide the
defaulting party a written notice of default. The written notice shall, at a minimum, state with
particularity the nature of the default, the manner in which the default can be cured, and a reasonable
time period of not less than thirty (30) days in which the default must be cured. No action may be
taken in a court of law on the basis that a breach of this Agreement has occurred until such time as
the requirements of this paragraph have been satisfied.
23. Termination. The City shall have the unconditional right, but not obligation, to
terminate this Agreement, without notice or penalty, if Developer fails to receive building permits and
substantially commence construction of Project within three (3) years of the effective date of this
Agreement. In addition, the City shall have the right, but not obligation, to terminate the Agreement if
Developer permanently abandons construction of the Project, provided, however, the City shall first
deliver written notice and an opportunity to cure as set forth in Section 22 herein. If the City
terminates this Agreement, the City shall record a notice of termination in the public records of
Seminole County, Florida.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be duly executed
as of the day and year first written above.
Second Implementation Agreement
City of Winter Springs / The Viera Company
Page 6 of 8
CITY OF WINTER SPRINGS, a Florida
municipal corporation.
By: %=
C rles or
ATTEST:
By: --
• q �� renzo- Luaces, City Clerk
1,
• `' °••. APPROVED AS TO FORM AND LEGALITY
r„ For the use and reliance of the City of Winter Springs,
` .' Florida only.
:-y
CITY SEAb 5 ;te3/&L : 4
. 41i0P4
r • • ; Anthony A. Garganese, City Attorney for
the City of Winter Springs, Florida
Second Implementation Agreement
City of Winter Springs / The Viera Company
Page 7 of 8
Signed, sealed and delivered in the THE VIERA COMPANY, a Florida corporation.
presence of the following witnesses:
By: i-
Pri g ame: —
'
Signature of Witness
gi9 - Pe0 2 fC-� Title:
Printed Name of Witness
Date: in 0.4c,4 , Zo/ z
ignature of Witness
Printed Name of Witness
STATE OF gL-v r2 i b R
COUNTY OF f< 2j /Ave b
The foregoing instrument was acknowledged before me this 3d day of ,4 ,,,a , 2012, by
o rJ , as Prt? szdP,L" of THE VIERA COMPANY, a Florida
corporation, on behalf of said company. He/She is personally known to me or produced
as identification.
(NOTARY SEAL) 7: J.<e; .4 e) • A -�
(Notary Public Signature)
(Print Name)
9HRRARA A. CAROLUS Notary Public, State of
state of Florida 4 Commission No.:
, , `;4y Comm. E Dec. , 3
Comm. # DD 940813 My Commission Expires:
Second Implementation Agreement
City of Winter Springs / The Viera Company
Page 8 of 8
EXHIBIT
LEGAL DESCRIPTION: PARCEL 14B
A TRACT OF LAND LYING IN SEC770N 17, 7V WSH /P 21 SOUTH, RANGE' 31 EAST, DESCRIBED .45
FOLLOWS:
COMMENCE .47 THE SOUTHEAST CORNER OF 7USCAWILLA UNIT 7 ACCORDING TO
THE PLAT THEREOF AS RECORDED IN PLAT 800K 22, PACES 46 AND 47 OF THE
PUBLIC RECORDS OF SEMINOLE COUNTY, fZOR /OA FOR THE POINT OF BEGINNING;
THENCE RUN SOUTH 0107'52" EAST, 319.02 FEET, THENCE RUN SOUTH
8937'40" EAST, 52075 FEET, THENCE RUN SOUTH 1432'19" EAST, 169.91
FEET, THENCE RUN SOUTH 7120'70" EAST, 164.74 FEET TO A POINT ON THE
WESTERLY RIGHT-OF-WAY LINE OF OOVERA DR /lam ACCORDING TO THE PLAT OF
OV/EDO CROSSING - PHASE 3 AS RECORDED IN PLAT BOOK 55 PAGES 29 AN0 30 OF
5. /0 PUBLIC RECORDS THENCE RUN ALONG SA /D WESTERLY RIGHT -OF -WAY LINE
THE FOLLOWING COURSES' 50(1771 5575'44" WEST, 200.22 FEET 7n THE PONT
OF CURVATURE OF A CURVE CONCAVE' SOUTHEASTERLY THENCE RUN
SOUTHWE'S7ERLY ALONG SAID CURD HAVING A RAOIUS,OF 950.00 FEET, A
CENTRAL ANGLE OF 19176'05'; AN ARC LENGTH OF 316.71 FEET, A CHORD
LETVGT7 OF 31.425 FEET AND A CHORD BEARING OF SOUTH 45'42'41" WEST 7O
THE POINT OF TANGENCY THENCE RUN SOU771 360939" WEST, 275.10 FEET
TO THE POINT OF CURVATURE OF A CURVE CONCAVE SOUTHEASTERLY; THENCE RUN
SOUTHWESTERLY ALONG 5.4/0 CURVE, HAVING A RAD /US OF 800.00 FEET, A
CENTRAL ANGLE OF 174835; AN ARC LENGTH OF 24557 FEET, A CHORD
•
LENGTH OF 247.67 FEET AND A CHORD BEARING OF SOUTH 277521" WEST TO
THE NORTHEAST CORNER OF LOT 12 OWEDO CROSSING - PHASE 15 ACCORDING
TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 47, PAGES 80 THROUGH 83 OF
SAID PUBLIC RECORDS; THENCE RUN NORTH 72'46'44" WEST, ALONG THE
NORTH UNE OF SAID LOT 12, .4 DISTANCE" OF 63.09 FEET, THENCE RUN SOUTH
630572" WEST, ALONG SAID NORTH UNE, 61.20 FEET, THENCE, DEPARTING
SAID NORTH UNE, RUN NORTH 4058'46" WEST, 5558 FEET, THENCE RUN
SW771 817172" WE57; 3042 FEET, THENCE RUN SOUTH 355628" WEST,
17.57 FEE7 77-/ENCE RUN SOUTH 09'4115" EAST, 63.06 FEET THENCE RUN
SOUTH 09'00'46" WEST, 34.93 FEET, THENCE RUN SOUTH 1445'04" EAST,
12.17 FEET, THENCE RUN SOUTH 36714139" EAST, 37.39 FEET THENCE RUN
SOUTH 597437" WEST, 6287 FEET THENCE RUN NORTH 583740" WEST,
4,578 FEET ]HENCE RUN NORTH 887072" WEST, 29.54 FEET, THENCE RUN
SOUTH 565675" WEST, 46.57 FEET THENCE RUN NORTH 787321" VE57;
56.08 FEET; THENCE RUN 30(171-1 855507" WEST 27.92 FEET; THENCE RUN
S0U771 57'3132" WEST, 4049 FEET; THENCE RUN NORTH 7858'20" WEST,
59.60 FEET, THENCE RUN NORTH 8708'19" WEST, 42.56 FEET, THENCE RUN
NORTH 004725" EAST, 10516 FEET TO A POINT ON A CURVE CONCAVE TO
THE NORTH; THENCE RUN WEST, ALONG SAID CURVE, HAVING A RAD /US OF 750.00
FEET, A CENTRAL ANGLE OF 03'45'43; AN ARC LENGTH OF 49.24 FEET, A
CHORD LENGTH OF 49.24 FEET AND A CHORD BEARING OF NORTH 864820"
WEST,• THENCE RUN NORTH 660536" EAST NON- TANGENT TO SAID CURVE;
49.26 FEET; THENCE RUN NORTH 5148'10" EAST, 9Z22 FEET, THENCE RUN
NORTH 67'04'48 EAST, 61.59 FEET, THENCE RUN NORTH 7716'39" EAST,
49.21 PEE'71 THENCE RUN NORTH 860704" EAST, 90.61 FEET THENCE RUN
NORTH 297935" EAST, 31.43 FEET, THENCE RUN NORTH 8325'45" EAST,
1285 FEET THENCE RUN SOUTH 607721" EAST, 23.95 FEET, THENCE RUN
NORTH 842846" EAST, 74.35 FEET; THENCE RUN NORTH 760001" EAST,
97.02 FEET THENCE RUN NORTH 6350'23" EAST, 4502 FEET, THENCE RUN
NORTH 223254" EAST, 3618 rtt i THENCE RUN NORTH 414551" EAST,
36.90 FEET THENCE RUN NORTH 06'46'09" WEST, 21.76 FEET THENCE RUN
NORTH 124258" EAST 22.58 FEET, THENCE RUN NORTH 50'3731" EAST,
27.29 FEET THENCE RUN NORTH 7122'07" EAST, 4583 FEET; THENCE RUN
NORTH 562908" EAsr Jam FEET THENCE RUN NORTH 274651" EAST.
26.11 FEET, THENCE RUN 50117H 7024'58" WEST, 27.37 FEET; THENCE RUN
SOUTH 845907" WEST, 4573 FEET THENCE RUN SOUTH 730927" WEST,
2.133 FEET )HENCE RUN SOUTH 387731" WEST, 34.25 FEET THENCE RUN
SOUTH 59'4953" WEST, 3200 FEET, THENCE RUN NORTH 70'40'40" WEST,
29.66 FEET, THENCE RUN SOUTH 897706" WEST, 2098 FEET THENCE RUN
NORTH 100219" WEST, 2226 FEET ]HENCE RUN NORTH 767920" WEST,
24.01 FEET, THENCE RUN SOUTH 495230" WEST, 54.74 FEET, THENCE RUN
500771 7673'29" WEST, 27.92 FEET; 7HENCE RUN NORTH 550675" WEST,
29.84 FEET; THENCE RUN NORTH 85'40T1" WEST, 3557 FEET THENCE RUN
NORTH 225750" WEST, 23.38 FEET, THENCE RUN NORTH 0934'77" EA5T,
89.96 FEET THENCE RUN NORT71 0142'09" EAST, 124.36 FEET THENCE RUN
NORTH 0974'09" EAST, 75:89 FEET; 7HENCE RUN NORTH 090356" WEST,
•
36.12 FEET, THOVCE RUN NORTH 1073'32" EAST, 10692 FEET; THENCE RUN
NORTH 13'3851" WEST, 45.41 FEET, THENCE RUN NORTH 490820" WEST
2717 FEET,•. 771710E RUN NORTH 745320" WEST, 4528 FEET, THENCE RUN
NORTH 517532" WEST, 2530 FEET: THENCE RUN NORTH 847624" WEST,
20.46 FEET, ]HENCE RUN NORTH 6143'08" WEST 31.11 FEET THENCE RUN
NORTH 1245'56" WEST, 29.84 FEET THENCE RUN NORTH 0026'45" WEST,
1.39.66 FEET THENCE RUN NORTH 105022" WEST, 46.62 FEET, THENCE RUN
NORTH 27532J" WEST, 73.05 FEET, THENCE RUN NORTH 4677'23" WEST,
6245 FEET' THENCE RUN NORTH 59'4979" WEST, .37.25 FEET THENCE RUN
NORTH 285850" WEST, 574 FEED, THENCE RUN NORTH 693727" EAST,
416.21 FEET TO THE POINT OF BEGINNING
1 •
LESS AND EXCEPT PIE FOLLOWING DECR /BED TR,4CT OF LAND:
A TRACT OF LAND LING /N SECTION 17, TOWNSHIP 21 SOUTH, RANGE 31 EAST,
DESCRIBED AS FOLLOWS.
COMMENCE AT THE SOUTHEAST CORNER OF TUSCAW/LLA• UNIT Z ACCORDING TO
THE PLAT THEREOF AS RECORDED IN PLAT 800K 22, PAGES 46 AND 47 OF THE
PUBLIC RECORDS OF SEM/NOLE COUNTY, FLORIDA FORA POINT OF REFERENCE;
II/ENCE RUN SOUTH 0117752" EAST; J19.02 FEET/ THENCE RUN SOUTH 89J740" EAST,
21Z75 FEET TO THE POINT OF BEGINNING, THENCE RUN SOUTH 8937'40" EAST; 30300
fFET; THENCE RUN SOUTH 1431'19" EAST; 169.91 FEET; THENCE RUN SOUTH 712070"
EAST, 164.74 FEET TO A POINT LYING ON THE WESTERLY RIGHT-OF-WAY LINE OF 00VFRA
DRIVE ACCORDING TO THE PLAT OF OVIEDO GROSSING - PHASE 4 AS RECORDED IN
PLAT BOOK 5J, PAGES 29 AND JO OF SAID PUBLIC RECORDS, THENCE RUN, ALONG
SAID WFSTERLYRIGHI -GE- WAY LINE THE FOLLOWING COURSES' SOUTH 557544"
NEST, 20022 FEET TO 771E PO /NT OF CURVATURE OF A CURVE CONCAVE
SOUTHEASIERL 1; THENCE RUN SOUTHN¢S7ERL Y, ALONG SAID CURVE HAVING A
RADIUS CF 95a00 Ft=ET, A CENTRAL ANGLE OF 19776'05, AN ARC LENGTH OF J16.71
FEET, A CHORD LENGTH OF J15.25 FEET AND A CHORD BEAR /NG OF SOUTH 45'42'41"
NEST 717 THE P0/NT OF TANGENCN, THENCE RUN SOUTH J6179J9" WEST, 2388 FEET;
THENCE DEPARTING SA/O WES1ERLYR /G71T -Of -WAY LINE RUN NORTH 5348'16"
NEST, 21.85 FEET TO THE POINT OF CURVATURE. OF A CURVE CONCAVE
NORTHEASTERLY, THENCE RUN NORTI/M! STFRLY, ALONG SAID CURVE, HAVING A
RADIUS OF 201.76 FEET, A CENTRAL ANGLE OF 5472'421 AN ARC LENGTH OF 190.90
•
FEET, A CHORD LENGTH OF 18.56 FEET AND A CHORD BEARING OF NORTH 26V1'56"
NEST TO THE P0/NT OF TANGENCY,• THENCE RUN NORTH 002425" EAST, 395.50 FEET
•
TO THE PO /NT OF BEG/NN /NC.
771E ABOVE DESCRIBED TRACT OF LAND LIES IN THE CITY OF WINTER
SPRINGS, SEM /N /OLE COUNTY, FLORIDA AND CONTAINS 11.265 ACRES,
MORE OR LESS.
•
EXHIBIT A
Page 2 of 2
B BROWN, GARGANESE, WEISS & D'AGRESTA, P.A.
D
Attorneys at Law
RECEIVED
1 1 1 \ Orange .Ave., Suite 2000
Y.O. Box 2873 APR 1 9 2012
Orlando, Florida 32802 -2873 Katherine W. Latorre
Phone (4fl') 425 - 9566 Board Certified City, County & Local
I a.� CITY OF WINTER SPRINGS, Government Law
�4n", 425 -0596
OFFICE OF THE CITY CLER
klatorrc( or/ando /acr.net
April 18, 2012
Andrea Lorenzo - Luaces, City Clerk
City of Winter Springs
1126 E. State Road 434
Winter Springs, FL 32708
Re: Oviedo Marketplace DRI Parcel 14B
Second Implementation Agreement
Dear Andrea:
Please find enclosed for the City's official records and safekeeping, the original, fully
executed and recorded Oviedo Marketplace DRI Parcel 14B Second Implementation
Agreement. Please contact my office if you have questions regarding this matter.
Sincerely,
•
Kate Latorre
Assistant City Attorney
Enclosure
Ft. Lauderdale (954) 670 -1979 • Kissimmee (321) 402 -0144 • Cocoa (866) 425 -9566
\Vebsire: wuw.orlandolaw.net • Email: firm@orlandolaw.net