APPROVED BY ORANGE DOC# 20170546981 COUNTY BOARD OF COUNTY 10/06/201710:38:06AM Page 1 of 17 COMMISSIONERS Rec Fee: $146.00 Deed Doc Tax: $0.00 BCC Mtg. Date. October 3,2017 D a e : 0 Mortgage Stamp: 0.00 Phil Diamond, Comptroller Orange County, FL IO - Ret To: ORANGE COUNTY GROUTH MANA Ad cum rqa edEs y and returnedto: 53 Lowndes, Drosdick,Doster, Kantor & Reed, P.A. 215 North Eola Drive Orlando, FL 32801 Tax ParcelIdentification Numbers: 10-24-28-0000-00-053 14-24-28-1242-60-000 14-24-28-1242-66-000 14-24-28-1242-66-001 14-24-28-1242-78-001 15-24-28-5844-00-050 15-24-28-5844-00-071 15-24-28-5844-00-211 15-24-28-7774-00-002 15-24-28-7774-00-010 15-24-28-7774-00-020 15-24-28-7774-00-022 EXECUTION COPY PALM PARKWAY TO APOPKA-VINELAND CONNECTOR ROAD FIFTH SUPPLEMENTAL AGREEMENT This PALM PARKWAY TO APOPKA-VINELAND CONNECTOR ROAD FIFTH SUPPLEMENTAL AGREEMENT (this "Fifth Supplemental Agreement"), effectiveas of the latestdateof execution (the "Effective Date"), ismade and enteredinto by and among-DARYL M. CARTER, not individually but as Trustee under a Floridaland trustknown and designated as "CARTER-ORANGE 105 SAND LAKE LAND TRUST" (the"Trust"), created pursuant to Section 689.071, Florida Statutes, and existing under and by virtueof an unrecorded trust agreement dated effectiveasof April 10, 2008, as the same may have been, and may hereafter be, amended from time to time, whose address is 3333 South Orange Avenue, Suite 200, Orlando, Florida 32806, Attention Daryl M. Carter, Trustee; KERINA, INC., a Delaware corporation, KERINA VILLAGE, LLC, successor by conversion to Kerina Village,Inc., a Florida limited liability company, KERINA WILDWOOD, LLC, successor by conversion to Kerina Wildwood, Inc., a Floridalimited liability company (collectively "Kerina"), whose addressisclo Kathy Keller, 5401 South Kirkman Road, Suite 650, Orlando, Florida 32819; PULTE HOME COMPANY, LLC, a Michigan limited liability company as successor by conversion to Pulte Home Corporation, a Michigan corporation("Pulte"), whose addressis4901 Vineland Road, Suite 500, Orlando, Florida 32811; THE SCHOOL BOARD OF ORANGE COUNTY, FLORIDA, a corporatebody and political subdivisionof the Stateof Florida ("School Board"), whose address is445 West Amelia Street,Orlando, Florida 32801 and ORANGE COUNTY, FLORIDA, a charter county and 0027034\l24571\4053726v6
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APPROVED BYORANGE DOC# 20170546981COUNTY BOARD OF COUNTY 10/06/201710:38:06AM Page 1 of 17COMMISSIONERS Rec Fee: $146.00
Deed Doc Tax: $0.00BCC Mtg.Date.October3,2017
Da e : 0
MortgageStamp: 0.00Phil Diamond,ComptrollerOrange County, FLIO - Ret To: ORANGE COUNTY GROUTH MANA
Ad cum rqaedEs
y and returnedto:
53
Lowndes, Drosdick,Doster,Kantor & Reed, P.A.
215 North Eola Drive
Orlando,FL 32801
Tax ParcelIdentificationNumbers:
10-24-28-0000-00-053
14-24-28-1242-60-000
14-24-28-1242-66-000
14-24-28-1242-66-001
14-24-28-1242-78-001
15-24-28-5844-00-050
15-24-28-5844-00-071
15-24-28-5844-00-211
15-24-28-7774-00-002
15-24-28-7774-00-010
15-24-28-7774-00-020
15-24-28-7774-00-022
EXECUTION COPY
PALM PARKWAY TO APOPKA-VINELAND CONNECTOR ROAD
FIFTH SUPPLEMENTAL AGREEMENT
This PALM PARKWAY TO APOPKA-VINELAND CONNECTOR ROAD FIFTH
SUPPLEMENTAL AGREEMENT (this"FifthSupplemental Agreement"), effectiveas of the
latestdateof execution(the"EffectiveDate"),ismade and enteredintoby and among-DARYL M.
CARTER, not individuallybut as Trustee under a Floridaland trustknown and designatedas
"CARTER-ORANGE 105 SAND LAKE LAND TRUST" (the"Trust"),createdpursuantto Section
689.071,FloridaStatutes,and existingunder and by virtueof an unrecorded trustagreement dated
effectiveas of April 10, 2008, as the same may have been, and may hereafterbe, amended from
time to time,whose address is 3333 South Orange Avenue, Suite200, Orlando, Florida32806,Attention Daryl M. Carter, Trustee; KERINA, INC., a Delaware corporation,KERINA
VILLAGE, LLC, successor by conversion to Kerina Village,Inc.,a Florida limitedliability
WHEREAS, BVC PartnersI,LLC, a Floridalimitedliabilitycompany ("BVC"), Kerina,
Inc.,a Delaware corporation ("Kerina, Inc."),Sand Lake Investments, Ltd.,a Florida limited
partnership("SLI"),and the County are partiesto thatcertainPalm Parkway to Apopka-VinelandConnector Road Agreement, a copy of which isrecorded atOfficialRecords Book 8387, Page 3416
of the Public Records of Orange County, Florida(the"Connector Road Agreement"), wherein the
partiessetforththe terms and conditionsof providingthe County right-of-wayand theplanning and
constructionof a connector road thatwillconnect Palm Parkway to Apopka-Vineland Road; and
WHEREAS, Kerina,Inc.,SLI, and the County are partiesto thatcertain"Palm Parkway to
Apopka-Vineland Connector Road Supplemental Agreement," a copy of which is recorded at
OfficialRecords Book 8387, Page 3525, of the Public Records of Orange County, Florida (the
"Supplemental Agreement"); and
WHEREAS, on April 10,2008, SLI conveyed itsright,title,and interestinthe SLI Propertyto the Trust,pursuantto thatcertainGeneral Warranty Deed, a copy of which isrecorded atOfficial
Records Book 9657, Page 2821, inthePublicRecords of Orange County, Florida,
WHEREAS, on March 12, 2009, Kerina, Inc. conveyed a portion of itsright,title,and
corporation; Kerina Schoolside, Inc, a Florida corporation; Kerina Woods, Inc., a Florida
corporation;Kerina Parkside Master, Inc.,a Florida corporation;and Kerina Fish Lake, Inc.,a
Floridacorporation,pursuantto thosecertainSpecialWarranty Deeds, copiesof which arerecorded
at OfficialRecords Book 9846, Page 0315, Page 0270, Page 0204, Page 0234, Page 0250, Page0166, Page 0130, Page 0325, and Page 0321 inthe PublicRecords of Orange County, Florida,allof
which arerelated,eitherdirectlyor indirectly,to Kerina,Inc.;and
WHEREAS, Kerina Village,LLC, a Florida limited liabilitycompany ("Kerina Village
LLC"), the Trust and the County entered into that certain"Palm Parkway to Apopka-VinelandConnector Road Second Supplemental Agreement," a copy of which isrecorded atOfficialRecords
Book 10232, Page 3595, of the Public Records of Orange County, Florida (the "Second
Supplemental Agreement"); and
WHEREAS, the Trust, Kerina, Pulte and the County entered into that certain"Palm
Parkway to Apopka-Vineland Connector Road Third Supplemental Agreement," a copy of which is
recorded as Instrument No. 20170027137, of the Public Records of Orange County, Florida(the"Third Supplemental Agreement") and thatcertain"Palm Parkway to Apopka-Vineland Connector
Road Fourth Supplemental Agreement," a copy of which is recorded as Instrument No.
20170025202, of the Public Records of Orange County, Florida (the "Fourth Supplemental
WHEREAS, Kerina Wildwood, LLC isthe successorby conversion to Kerina Wildwood,
Inc.;and
WHEREAS, on December 29, 2016, pursuant to that certain Special Warranty Deed
recorded in Instrument #20160672962, Public Records of Orange County, Florida,the Trust
conveyed to the School Board thatcertainrealproperty describedin Exhibit "A" attachedhereto;
and
WHEREAS, the partieswish to supplement and amend the terms of the Connector Road
Agreement as setforthherein;and
NOW THEREFORE, in considerationof the covenants and agreements contained herein
and for other good and valuable consideration,the receiptand sufficiencyof which are hereby
acknowledged, thepartiesto thisFifthSupplemental Agreement agree as follows:
Section 1. Recitals.The foregoing Recitalsaretrueand correctand are included
as part of the terms and provisionsof thisFifthSupplemental Agreement. All capitalizedterms
used herein without definitionshallhave the meanings ascribed theretoin the Connector Road
Agreement.
Section2. Waiver of Appraisal Requirement. The partiesacknowledge and
agree thatthe provisionsof Section7.5(i)of the Connector Road Agreement arehereby amended to
waive the requirement thatan appraisalbe obtained in connection with the TitleCommitment to be
provided with the conveyance of right-of-wayand relatedeasements forthe Connector Road. The
partiesheretoagree thatthe applicableTitleCommitments to be provided by the applicablepartiesin connection with the Connector Road shallbe in the followingamounts which have resultedfrom
negotiationsamong theparties.These amounts areforthepurposes of thisAgreement only:
(a) Right-of-way $500,000.00 per acre
(b) Permanent Drainage Easement $475,000.00 per acre
costto Orange County. The Trust,Pulteand Kerina hereby agree to each pay one-third(1/3)of the
recordingcosts.
Section5. No Other Modifications. Except as expresslymodified hereby,allof
the terms,covenants,provisionsand conditionsof the Connector Road Agreement, as modified bythe Supplemental Agreement, and the Second, Third and Fourth Supplemental Agreements shall
remain in fullforceand effectin accordance with theirterms and are hereby ratifiedand confirmed
and cannot be modified unless said modificationsare produced in writing and signed by allthe
COUNTY, FLORIDA, a public corporate bodyand politicalsubdivisionof the Stateof Florida
By:PrintName: 4 /\'/tt 4 a raM. Je
's,Ed.D.,
as itsSuperi e ent
Date: day o V',2017
Prmt m :
STATE OF FLORIDA
COUNTY OF ORANGE
The fo egoing instrument was acknowledged before me this day off , 2017, by Barbara M. Jenkins, Ed.D, as Superintendent of THE
SCHOO BOARD OF ORANGE COUNTY, L IDA, who [ rsonallyknown to me, or
[ ]has produced a 'dentification.
(NOTARY SEAL) & 14N ary u ic /Printed anle: JAY 4/)@ . U#4
. MARGARITA C. RIVERA Commission No.:
p auv cOMMISSION#GG061M Commission Expires:EXPIRESJanuary10,2021
Approved as to form and legalityby Reviewed and approved by Orange Countylegalcounsel to The School Board of Pu licSchools Chief FacilitiesOfficer this
Orange ounty, Florida this day E day of JE ,2017.of , 07 Ya ,2017, forits
exclusiveuse and reliance.
By By:7 1
4ggy , John . rris,Ch fFacilitiesOfficerLaura C elly,Esquire
The landreferredto hereinbelow issituatedintheCounty of Orange, Stateof Florida,and isdescribedasfollows:
PARCEL A (SCI-IOOL SITIO:
A PORTION OF CENTRAL ORANGE PARK AS RECORDED IN PLAT BOOK "O",PAGES
63 THROUGH 65, INCLUSIVE, OF THE PUBLIC RECORDS OF ORANGE COUNTY,FLORIDA AND LANDS LYING IN SECTIONS 14 AND 15, TOWNSHIP 24 SOUTH,RANGE 28 EAST OF ORANGE COUNTY FLORIDA, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGIN AT NORTHEAST CORNER OF SECTION 15,TOWNSHIP 24 SOUTH, RANGE 28
EAST; THENCE SOUTH 00*00'35"WEST, A DISTANCE OF 30.01 FBET TO A POINT ON
THE SOUTH RIGHT OF WAY LINE OF CHURCH STREET, AS RECORDED IN OFFICIALRECORDS BOOK 384, PAGE 334,PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA,THENCE ALONG SAID SOUTH RIGHT OF WAY, NORTH 8804712" EAST, A DISTANCE
OF 644.99 FEET TO THE WEST RIGHT OF WAY LINE OF SAID CHURCH STREET;THENCE SOUTH 00007'l8"WEST, A DISTANCE OF 338.26 FEET ALONG SAID WEST
RIGHT OF WAY; THENCE DEPARTING SAID WEST RIGHT OF WAY, SOUTH 35*01'34"
WEST, A DISTANCE OF 762.37 FEET; THENCE SOUTH 42*21'42"WEST, A DISTANCEOF 598.81 FEET TO A POINT ON A NON-TANGENT CURVE CONCAVE
SOUTHWESTERLY, HAVING A RADIUS OF 766.00 FEET, A CENTRAL ANGLE OF
41*3730" AND A CHORD BEARING OF NORTH 68*2703" WEST; THENCE FROM A
TANGENT BEARING NORTH 47.38'l8"WEST, NORTHWESTERLY 556.49FEET ALONG
THE ARC OF SAID CURVE TO THE POINT OF TANGENCY; THENCE NORTH 89"15'48"
WEST, A DISTANCE OF 576.38 FEET TO POINT OF CURVATURE OF A CURVE
CONCAVE NORTHERLY, HAVING A RADIUS OF 666,00 FEET AND A CENTRAL
ANGLE OF 03*35'l6";THENCE WESTERLY ALONG THE ARC OF SAID CURVE A
DISTANCE OF 41.70 FEET TO A POINT ON THE WEST LINE OF THE NORTHEAST
QUARTER OF THE NORTHEAST QUARTER OF SECTION 15,TOWNSHIP 24 SOUTH,RANGE 28 EAST; THENCE NORTH 00010'40"EAST, A DISTANCE OF 1237.08FEET
ALONG SAID WEST LINE TO A POINT ON THE NORTH LINE OF THE NORTHEAST
QUARTER OF SECTION 15,TOWNSHIP 24 SOUTH, RANGE 28 EAST; THENCE SOUTH
88*55'03"EAST, A DISTANCE OF 1317.59FEET ALONG SAID NORTH LINE TO THE
POINT OF BBGINNINO.
LESS AND EXCEPT ANY PORTION LYING WITHIN PARCELS B AND C AS SET
FORTH BELOW:
PARCEL B (RIGHT-OF-WAY TO BE VACATED Consistingof Segment B, Smith-Bennett
31003'08"W, A DISTANCE OF 102.38FEET TO THE POINT OF CURVATURE OF A
CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 690.70FEET AND A
CENTRAL ANGLE OF 02.15'36";THENCE RUN NORTHWESTERLY, ALONG THE ARC
OF SAID CURVE, A DISTANCE OF 27.25 FEET TO THE POINT OF REVERSECURVATURE WITH A CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF
35.00FEET AND A CENTRAL ANGLE OF 96*21'03";THENCE RUN SOUTHEASTERLY,ALONG THE ARC OF SAID CURVE, A DISTANCE OF 58.86FEET TO THE POINT OF
COMPOUND CURVATURE WITH A CURVE, CONCAVE NORTHWESTERLY, HAVINGA RADIUS OF 370,00 FEET AND A CENTRAL ANGLE OF 49all'22";THENCE RUN
NORTHEASTERLY, ALONG THE ARC OF SAID CURVE, A DISTANCE OF 317.65FEET
TO A POINT ON THE NORTH LINE OF SAID SECTION 15 (CHORD BEARING AND
DISTANCE BETWEEN SAID POINTS BEING N 25.44'32"E 307.99 FEET); THENCE S
89*07'02"E, ALONG SAID NORTH LINE, A DISTANCE OF 30.12FEET TO THE POINT
OF BEGINNING.
GRANBY ROAD:
THOSE LANDS DESCRIBED IN RIGHT OF WAY AGREEMENT RECORDED IN
OFFICIAL RECORDS BOOK 715,PAGE 549,PUBLIC RECORDS OF ORANGE COUNTY,FLORIDA.
A PORTION OF THE NE 1/4OF SECTION 15,TOWNSHIP 24 SOUTH, RANGE 28 EAST,ORANGE COUNTY, FLORIDA, LYING SOUTH OF THE SOUTH RIGHT OF WAY OF
FENTON AVENUE, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
WEST 30 FEET OF THE NE 1/4OF THE NE 1/4OF SECTION 15,TOWNSHIP 24 SOUTH,RANGE 28 EAST; (BEING THAT CERTAIN 30 FOOT RIGHT OF WAY LYING ALONGTHE WEST LINE OF BLOCKS 80 TO 84,CENTRAL ORANGE PARK, ACCORDING TO
THE PLAT THEREOF AS RECORDED IN PLAT BOOK O, PAGE 63,PUBLIC RECORDS
OF ORANGE COUNTY, FLORIDA, WHICH WAS VACATED JULY 3, 1958 lN OFFICIAL
RECORDS BOOK 395. PAGE 377, PUBLIC RECORDS OF ORANGE COUNTY,
FLORIDA.)
PARCEL C (NORTH REMNANT PARCEL):
A portionofLot2,Ruby Lake asshown on theplatthereofrecordedinPlatBook 67,Pages42
through48, PublicRecords of Orange County,Floridabeingmore particularlydescribedas
follows:
COMMENCE at theNortheastcornerof theSoutheastQuarterof the NortheastQuarterof
Section15,Township 24 South,Range 28 East,Orange County,Florida,saidpointalsobeingtheNortheastcornerofLot2,Ruby Lake asshown on theplatthereofrecordedinPlatBook 67,
Pages42 through48,PublicRecordsofOrange County,Florida;thenceNorth89*1829"West a
distanceof 108.01feetalongtheNorthlineofsaidSoutheastQuarteroftheNortheastQuarteralsobeingtheNorth lineof saidLot 2,tothePOINT OF BEGINNING; thencedepartingsaid