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Prepared by: <br />Catherine D. Reischmann, Esq. <br />City Attorney <br />P.O. Box 2873 <br />Orlando, FL 32802-2873 <br />Return to: <br />City Clerk <br />City of Casselberry <br />95 Triplet Lake Drive <br />Casselberry, FL 32707 <br />f'liiri'�°�I%,'IE:: il�::)Fi':;E::,� '.'.iia'i:i�•(i11...1 t;:il.li'1'l.l; <br />i; I., EN V <<:1:f;C:f..!3 T t t:l+ R"T r:flP'1E`I'Et:i:�E..E..E'R <br />: ;.,;,,, <br />f, 1 S a: <br />i'i::.E.. 1 10 ern C.s0 <br />Eii: aiEtEi(:I:{ 1"y hr:{ev ar, <br />SETTLEMENT AND DEVELOPMENT AGREEMENT <br />This Settlement and Development Agreement (the "Settlement") is made and entered into <br />as of theo'Sz- "day of T& , 2016, by and between PROSPERE II INVESTMENT <br />LLC, a Florida limited liabilit, company, with an address of 8714 Windsor Pointe Dr., Orlando, <br />FL 32829 (hereinafter "Prospere"), CLEAR CHANNEL OUTDOOR, INC., a Delaware <br />corporation, with an address of 99 Park Avenue, 2d Floor, New York, NY 10016, and CITY OF <br />CASSELBERRY, FLORIDA, a municipal corporation, with an address of 95 Triplet Lake <br />Drive, Casselberry, FL 32707 (the "City"). <br />RECITALS: <br />WHEREAS, Prospere is the current owner of the Cambridge Oaks Shopping Center, <br />located at 3950 South U.S. Highway 17-92, Casselberry, FL, and more fully described in Exhibit <br />A ("Cambridge Oaks"); and <br />WHEREAS, the prior owner of Cambridge Oaks, CRF -Maitland, LLC and Village <br />Shoppes of Casselberry, Inc., entered into a Pre -Annexation Agreement in connection with <br />development of Cambridge Oaks dated November of 2006, which provided that the Billboard on <br />the site, which is owned by Clear Channel (Permit numbers CA468 and CA469), would be <br />removed from the site when the lease expired in January of 2016. The Pre -Annexation <br />Agreement was amended in January of 2008, but the condition for removal of the Billboard <br />remained. Pictures of the 2 sides of the Billboard are attached as Exhibit B; and <br />WHEREAS, when the prior owners developed Cambridge Oaks, their site plan approval <br />included the condition that the Billboard would be removed when the lease expired in January of <br />2016; and <br />WHEREAS, when Prospere acquired Cambridge Oaks, Prospere requested that the City <br />allow it to maintain the Billboard in perpetuity through a Second Amendment to the Pre - <br />Annexation Agreement, which the City rejected; and <br />