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GRANT MALOY, SEMINOLE COUNTY <br />CLERK OF CIRCUIT COURT & COMPTROLLER <br />CFN# 2023053962 Bk:10455 Pg:1037-1051(15Pgs) <br />THIS INSTRUMENT PREPARED BY REC: 06/13/2023 8:15:17 AM by pkirkland <br />RECORDING FEES $129.00 <br />Catherine Reischmann, Esq. <br />City Attorney <br />City of Casselberry <br />95 Triplet Lake Drive <br />Casselberry, Florida 32707 <br />Return to: <br />City Clerk <br />City of Casselberry <br />95 Triplet Lake Drive <br />Casselberry, FL 32707 <br />Attachment "B" to Ordinance 23-1581 <br />PLANNED UNIT DEVELOPMENT AGREEMENT <br />for the project known as Casselberry Exchange Planned Unit Development (PUD) located at 5803 <br />S US Hwy 17-92, more fully described in Exhibit "A" (hereinafter referred to as the "Subject <br />Property"). <br />THIS PLANNED UNIT DEVELOPMENT AGREEMENT hereinafter referred to as the <br />"Agreement") is entered into and made as of thef lvtlay of P i , 2023, by and between <br />t he CIT Y OF CASSELBEP.IRY, a Florida municipal corporation, with a mailing address of 95 <br />Triplet Lake Drive, Casselberry, Florida 32707, (hereinafter referred to as the "City"), and AGRE <br />CASSELBERRY OWNER, LLC, a Delaware limited liability company, with a mailing address of <br />9 W 57t1i St., New York, NY 10019 (hereinafter referred to as the "Owner"). Development <br />approvals and entitlements assigned through this Agreement are binding on the Subject Property <br />and shall be transferred to all future property owners, in the event of land sale, conveyance, or <br />transfer, when applicable. <br />WITNESSETH <br />WHEREAS, the Owner warrants that it holds legal title to the lands located in Seminole <br />County, Florida, and within the corporate limits of the City of Casselberry, said lands being more <br />particularly described in Exhibit "A", legal description for the Subject Property, attached hereto <br />and by this reference made a part hereof, and that the holders of any and all liens and encumbrances <br />affecting such property will subordinate their interests to this Agreement; and <br />WHEREAS, the Owner has clear title to the Subject Property and intends to develop such <br />property as a large retail establishment with commercial outparcels; and <br />WHEREAS, the Owner desires to facilitate the orderly development of the Subject <br />Property in compliance with the laws and regulations of the City and of other governmental <br />authorities, and the Owner desires to ensure that its development is compatible with other <br />properties in the area and planned traffic patterns; and <br />Page 1 of 16 <br />