HomeMy WebLinkAbout2006 07 24 Public Hearing 204 Seminole Trail Animal Hospital
COMMISSION AGENDA
ITEM 204
Public Hearing x
July 24, 2006
Meeting
Mgr. / Att. /
Dept.
REQUEST:
The Community Development Department, Planning Division, requests the City Commission
consider the Amendment to Developer's Agreement for Seminole Trail Animal Hospital, Inc.,
located at 383 Vistawilla Drive, on Lot 4 (out-parcel 2) of Tuscawilla Tract 15 Parcell-C (former
Kash 'n Karry shopping center, now Metro Church).
PURPOSE: The purpose of this Agenda Item is to request that the City Commission approve the
Amendment to Developer's Agreement for Seminole Trail Animal Hospital, Inc.
APPLICABLE LAW AND PUBLIC POLICY:
1. City of Winter Springs Code Section 20-470, Signs.
2. Developer's Agreement for Tuscawilla Tract 15 Parcell-C, recorded January 14, 1999 in
Seminole County Official Record Book 3574 Page 0529.
CONSIDERATIONS:
1. The parcel is bound by the development conditions described in an existing Developer's
Agreement for Tuscawilla Tract 15, Parcell-C. The existing Agreement regulates the style
and height of the monument signage for the parcel, providing consistency with the former
Kash 'n Karry site. The existing Agreement also regulates the location of the monument
signage and restricts the parcel to one (I) ground-mounted, single tenant sign from eight feet
(8') to eight feet nine inches (8'9") in height.
2. By way of separate public hearing, Dr. Williams is seeking a lot split for the parcel (Public
Page 1 of 2
Hearing Item 203) to subdivide the parcel, Lot 4 of Tuscawilla Tract 15 Parcel l-C (out-
parcel 2), into two (2) lots of record for development purposes.
2. Should the Commission approve Dr. Williams' request for a lot split, he requests that the
Developer's Agreement for Tuscawilla Tract 15, Parcel l-C be amended to allow one
ground-mounted, single-tenant sign to be erected on each lot, for a total of two (2) signs.
3. The proposed amendment to the existing Developer's Agreement would allow the parcel,
upon approval of the lot split, to have one sign for each subdivided lot. All other conditions
imposed upon the signage by the existing Developer's Agreement would still apply to the
additional sign.
STAFF RECOMMENDATION: Staff recommends that the Commission approve the Amendment
to Developer's Agreement for Seminole Trail Animal Hospital, Inc.
ATTACHMENT:
1. Amendment to Developer's Agreement for Seminole Trail Animal Hospital, Inc.
COMMISSION ACTION: There has been no previous action with regard to this request.
Page 2 of 2
Prepared by and Return to:
Katherine W. Latorre, Esq.
Winter Springs Assistant City Attorney
Brown, Garganese, Weiss & D'Agresta, P.A.
P.O. Box 2873
Orlando, FL 32802-2873
(407) 425-9566
AMENDMENT TO DEVELOPER'S AGREEMENT
FOR SEMINOLE TRAIL ANIMAL HOSPITAL. INC.
THIS AMENDMENT TO DEVELOPER'S AGREEMENT FOR SEMINOLE TRAIL
ANIMAL HOSPITAL INC., made and executed this day of ,2006, by and
between the CITY OF WINTER SPRINGS, a Florida municipal corporation ("City") whose
address is 1126 East State Road 434, Winter Springs, Florida 32708, and SEMINOLE TRAIL
ANIMAL HOSPITAL, INC., a Florida Corporation ("Owner") whose address is 1491 East State
Road 434, Suite 109, Winter Springs, Florida 32708.
WITNESSETH
WHEREAS, Owner is the owner of certain real property located within the City of Winter
Springs, Florida, more particularly described herein ("Subject Property") by virtue of Quit Claim
Deed recorded in Seminole County Official Record Book , Page _; and
WHEREAS, the City Commission ofthe City of Winter Springs adopted Resolution 2006-
38, approving Owner's request to subdivide the Subject Property into two (2) separate and distinct
lots for development purposes; and
WHEREAS, the subdivided lots are more particularly depicted and legally described herein
as "Parcel 4A" and "Parcel 4B;" and
WHEREAS, the Subject Property is part of Tuscawilla Tract 15 Parcell-C, and is subject
to a Developer's Agreement for Tuscawilla Tract 15 Parcel l-C, which is recorded in Seminole
County Official Record Book 3574, Page 0529 ("Developer's Agreement"); and
WHEREAS, as the successor in interest to the Subject Property, Owner's development of
the Subject Property is bound by and subject to the terms of the Developer's Agreement; and
WHEREAS, the Development Agreement provides that the Subject Property may contain
one (1) ground-mounted, single tenant sign from 8' in height to 8'9" in height; and
WHEREAS, given that the Subject Property has been subdivided into two (2) lots for
AMENDMENT TO DEVELOPER'S AGREEMENT
CITY OF WINTER SPRINGS / SEMINOLE TRAIL ANIMAL HOSPITAL, INC.
PAGE 1 OF 6
development purposes, Owner desires to amend the Development Agreement only with regard to the
Subject Property to permit the design, construction and location of one (1) ground-mounted, single
tenant monument sign each for Parce14A and Parce14B; and
WHEREAS, the City and Owner desire to memorialize in writing their mutual understanding
regarding certain aspects of the development of the Subject Property under the terms and conditions
set forth in this Amendment to Developer's Agreement for Seminole Trail Animal Hospital, Inc.
("Agreement"); and
WHEREAS, in addition to Owner's compliance with all provisions of the Developer's
Agreement, City Codes, permitting and construction not in conflict with or addressed herein, the City
and Owner desire to set forth the following special terms and conditions.
NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements
set forth and other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the parties agree to amend the Developer's Agreement as follows:
1.0 Recitals. The foregoing recitals are hereby incorporated herein by this reference
and deemed a material part of this Agreement.
2.0 Authority. This Agreement is entered into pursuant to the Florida Municipal
Home Rule Powers Act.
3.0 Subject Property. The Subject Property which is subject to, and bound by, the
terms and conditions ofthis Agreement is legally described in "Exhibit A," attached hereto
and fully incorporated herein by this reference.
4.0 Subdivided Lots. Pursuant to Resolution 2006-38, the Subject Property was
approved by the Winter Springs City Commission to be subdivided into two (2) lots for
development purposes. Said subdivided lots are more particularly depicted and legally
described in "Composite Exhibit B," attached hereto and fully incorporated herein by this
reference ("Parcel 4A" and "Parcel 4B").
5.0 Representations of Owner. Owner hereby represents and warrants to the City that
Owner has the power and authority to execute, deliver and perform the terms and provisions
ofthis 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
Owner and recorded in the public records of Seminole County, Florida, constitute a legal,
valid and binding obligation enforceable against Owner and the Subject Property in
accordance with the terms and conditions of this Agreement.. Owner represents it has
voluntarily and willfully executed this Agreement for purposes of binding the Subject
Property to the terms and conditions set forth in this Agreement.
AMENDMENT TO DEVELOPER'S AGREEMENT
CITY OF WINTER SPRINGS I SEMINOLE TRAIL ANIMAL HOSPITAL, INC.
PAGE20F6
6.0 Amendment to Developer's A~reement. The City agrees to vary the signage
restrictions imposed on the Subject Property by paragraph 3.2 of the Developer's Agreement
by allowing the design, construction and location of one (1) ground-mounted, single tenant
monument sign each for Parcel 4A and Parcel 4B, as such lots are depicted in "Composite
Exhibit B." The design, construction and location ofthe signs shall otherwise comply with
the provisions of section 3 ofthe Developer's Agreement and all other applicable City Codes
including, but not limited to, section 20-470, Winter Springs City Code.
7.0 Successors and Assiens. This Agreement shall automatically be binding upon and
shall inure to the benefit of the successors and assigns of each of the parties.
8.0 Applicable Law. This Agreement shall be governed by and construed in accordance
with the laws of the State of Florida.
9.0 Amendments. This Agreement shall not be modified or amended except by written
agreement duly executed by both parties hereto and approved by the City Commission.
10.0 Entire Aereement. This Agreement supersedes any other agreement, oral or written,
and contains the entire agreement between the City and Owner as to the subject matter
hereof.
11.0 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.
12.0 Effective Date. This Agreement shall become effective upon approval by the City
of Winter Springs City Commission and execution of this Agreement by both parties.
13.0 Recordation. This Agreement shall be recorded in the public records of Seminole
County, Florida, and shall run with the land.
14.0 Relationship of the Parties. The relationship of the parties to this Agreement is
contractual and Owner is an independent contractor and not an agent of the City. Nothing
herein shall be deemed to create ajoint 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.
15.0 Sovereie:n Immunitv. Notwithstanding any other provision set forth in this
Agreement, nothing contained in this Agreement shall be construed as a waiver ofthe 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
AMENDMENT TO DEVELOPER'S AGREEMENT
CITY OF WINTER SPRINGS / SEMINOLE TRAIL ANIMAL HOSPITAL, INC.
PAGE30F6
judgment. Further, the City shall not be liable for any claim or judgment, or portion thereof,
to anyone 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). This paragraph shall
survive termination of this Agreement.
16.0 City's Police Power. Owner 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.
17.0 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.
18.0 Third Party Riehts. 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.
19.0 Specific Performance. Strict compliance shall be required with each and eveI)'
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 suit in equity.
20.0 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.
21.0 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
andlor Federal permit, condition, term or restriction shall not relieve Owner 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,
special exception, occupational license, or other permit of any kind whatsoever for any
building or unit if Owner is in breach of any term or condition of this Agreement.
22.0 Continuine: Effect of Developer's Aereement. All other provisions of the
Developer's Agreement not otherwise modified by this Agreement shall remain in full force
and effect with respect to the Subject Property.
AMENDMENT TO DEVELOPER'S AGREEMENT
CITY OF WINTER SPRINGS / SEMINOLE TRAIL ANIMAL HOSPITAL, INC.
PAGE40F6
IN WITNESS WHEREOF, the parties have executed this Binding Development Agreement
as of the date first written above.
ATTEST:
CITY OF WINTER SPRINGS,
a Florida municipal corporation.
ANDREA LORENZO-LUACES,
City Clerk
JOHN F. BUSH,
Mayor
APPROVED AS TO FORM AND LEGALITY
For the use and reliance of the City of
Winter Springs, Florida only.
Dated:
By:
Anthony A. Garganese,
City Attorney for the City of Winter Springs
AMENDMENT TO DEVELOPER'S AGREEMENT
CITY OF WINTER SPRINGS / SEMINOLE TRAIL ANIMAL HOSPITAL, INC.
PAGE 5 OF 6
WITNESSES:
Seminole Trail Animal Hospital, Inc.
a Florida Corporation.
Print Name:
Douglas P. Williams,
Its President
Print Name:
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this day of
2006, by Douglas P. Williams, as President of Seminole Trail Animal Hospital, Inc., a Florida
Corporation, [ ] who is personally known to me or [ ] who has produced
as identification.
NOT AR Y PUBLIC, State of Florida
My commission expires:
AMENDMENT TO DEVELOPER'S AGREEMENT
CITY OF WINTER SPRINGS / SEMINOLE TRAIL ANIMAL HOSPITAL, INC.
PAGE 6 OF 6
EXHIBIT
A
LEGAL DESCRIPTION
Lot 4, TUSCAWILLA TRACT 15, PARCEL 1-C, according to the map or plat thereof, recorded in
Plat Book 56, Pages 29 through 32, inclusive, of the Public Records of Seminole County, Florida.
TOGETHER with those certain non-exclusive easements for gravity sewer line, lift station and
sewer force main over and across Lot 1, TUSCAWILLA TRACT 15, PARCEL l-C, according to
the plat thereof as recorded in Plat Book 56, Pages 29 through 32, inclusive, of the Public
Records of Seminole County, Florida, as described in that certain Cross Easement Agreement for
TUSCAWILLA TRACT 1 S, PARCEL 1-C, by and between Robert A. Yeager, individually and as
Trustee and ZP No. 56, limited Partnership, a Florida limited partnership, dated January 13,
1999 and recorded January 14, 1999 in Official Records Book 3574, Page 564, as amended in
Official Records Book 3582, Page 1443. Public Records of Seminole County, Florida.
Together with:
An Easement tor the benefit of Lot 4 as contained in the Amendment to the Declaration of
Restrictions recorded in Official Records Book 5349, Page 1939, Public Records of Seminole
County, Florida, over, un,jer and across Lot 2, as described therein.
SKETCH OF DESCRIPTIONS
SHEET 1 OF 2 SHEETS
LEGAL DESCRIPTION
(PARCEL 4A)
A PORTION OF LOT 4, TUSCAWILLA TRACT 15, PARCEL 1-C, ACCORDING TO THE PLAT THEREOF AS
RECORDED IN PLAT BOOK 56, PAGES 29-32. INCLUSIVE IN THE PUBLIC RECORDS OF SEMINOLE
COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT THE NORTHWEST CORNER OF LOT 4, TUSCAWILLA TRACT 15, PARCE~ 1 -C, ACCORDING
TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 56, PAGES 29-.32, INCLUSIVE IN THE PUBLIC
RECORDS OF SEMINOLE COUNTY, FLORIDA. THENCE RUN S89'49'07"E, 254.00 FEET ALONG THE
NORTH LINE OF SAID LOT 4; THENCE CONTINUE ALONG SAID NORTH LINE, S64'27'.32"E, 28.91
FEET TO A POINT ON THE EAST LINE OF SAID LOT 4 AND THE WESTERLY RIGHT OF WAY LINE OF
VISTAWILLA DRIVE (80' IN WIDTH), SAID POINT BEING ON A CURvt CONCAVE TO THE NORTHWEST,
HAVING A RADIUS OF 710.00 FEET, A CHORD BEARING THE BEARS S32'51'52"W, AND CHORD
DISTANCE OF 181.01 FEET; THENCE RUN SOUTHWESTERLY ALONG THE ARC OF SAID CURVE 181.50
FEET THROUGH A CENTRAL ANGLE OF 14'38'50"; THENCE N49'48'42"W, 174.89 FEET, DEPARTING
SAID EASTERLY LINE OF LOT 4 AND SAID WESTERLY RIGHT OF WAY OF VISTAWILLA DRIVE; THENCE
N90'00'OO"W, 48.42 FEET TO A POINT ON THE WESTERLY LINE OF AFORESAID LOT 4; THENCE
NOO'10'53"E, 52.45 FEET ALONG SAID WESTERLY LINE TO THE POINT OF BEGINNING.
TOGETHER WITH THOSE CERTAIN NON-EXCLUSIVE EASEMENTS FOR GRAVITY SEWER LINE, LIFT
STATION AND SEWER FORCE MAIN OVER AND ACROSS LOT 1, TUSCAWILLA TRACT 15, PARCEL 1 -C,
ACCOROING TO THE MAP OF PLAT THEREOF RECORDED IN PLAT BOOK 56, PAGES 29 THROUGH
32, INCLUSIVE OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA AS DESCRIBED IN THAT
CERTAIN CROSS EASEMENT AGREEMENT FOR TUSCAWILLA TRACT 15, PARCEL 1 -C, BY AND
BETWEEN ROBERT YEAGER, INDIVIDUALLY AND AS TRUSTEE AND ZP. NO.56, LIMITED PARTNERSHIP,
A FLORIDA LIMITED PARTNERSHIP, DATED JANUARY 13, 1999 AND RECORDED JANUARY 14, 1999 IN
OFFICIAL RECORDS BOOK 3574, PAGE 564, AS AMENDED IN OFFICIAL RECORDS BOOK 3582, PAGE
1443 PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA.
LEGAL DESCRIPTION
(PARCEL 4B)
LOT 4, TUSCAWILLA TRACT 15, PARCEL 1 -C, ACCORDING TO THE PLAT THEREOF AS RECORDED IN
PLAT BOOK 56, PAGES 29-32, INCLUSIVE IN THE PUBLIC RECORDS OF SEMINOLE COUNTY,
FLORIDA,
LESS,
BEGIN AT THE NORTHWEST CORNER OF LOT 4, TUSCAWILLA TRACT 15, PARCEL l-C, ACCORDING
TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 56, PAGES 29-32, INCLUSIVE IN THE PUBLIC
RECORDS OF SEMINOLE COUNTY. FLORIDA, THENCE RUN S89'49'07"E, 254.00 FEET ALONG THE
NORTH LINE OF SAID LOT 4; THENCE CONTINUE ALONG SAID NORTH LINE, S64'27'.32"E, 28.91
FEET TO A POINT ON THE EAST LINE OF SAID LOT 4 AND THE WESTERLY RIGHT OF WAY LINE OF
VISTAWILLA DRIVE (80' IN WIDTH), SAID POINT BEING ON A CURVE CONCAVE TO THE NORTHWEST,
HAVING A RADIUS OF 710.00 FEET, A CHORD BEARING THE BEARS S32'51'52"W, AND CHORD
DISTANCE OF 1 81.01 FEET; THENCE RUN SOUTHWESTERLY ALONG THE ARC OF SAID CURVE 181,50
FEET THROUGH A CENTRAL ANGLE OF 14'.38'50"; THENCE N49'48'42"W, 174.89 FEET, OEPARTING
SAID EASTERLY LINE OF LOT 4 AND SAID WESTERLY RIGHT OF WAY OF VlSTAWILLA DRIVE; THENCE
N90'OO'OO''W, 48.42 FEET TO A POINT ON THE WESTERLY LINE OF AFORESAID LOT 4: THENCE
NOO'10'53"E, 52.45 FEET ALONG SAID WESTERLY LINE TO THE POINT OF BEGINNING.
TOGETHER WITH THOSE CERTAIN NON-EXCLUSIVE EASEMENTS FOR GRAVITY SEWER LINE, LIFT
STATION AND SEWER FORCE MAIN OVER AND ACROSS LOT 1. TUSCAWILLA TRACT 15, PARCEL 1-C,
ACCORDING TO THE MAP OF PLAT THEREOF RECORDED IN PLAT BOOK 56, PAGES 29 THROUGH
.32, INCLUSIVE OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA AS DESCRI8ED IN THAT
CERTAIN CROSS EASEMENT AGREEMENT FOR TUSCAWILLA TRACT 15. PARCEL l-C. BY AND
BETWEEN ROBERT YEAGER, INDIVIDUAllY AND AS TRUSTEE AND ZP. NO.56, LIMITED PARTNERSHIP,
A FLORIDA LIMITED PARTNERSHIP, DATED JANUARY 13, 1999 AND RECORDED JANUARY 14, 1999 IN
OFFICIAL RECORDS BOOK 3574, PAGE 564. AS AMENDED IN OFFICIAL RECORDS BOOK 3582, PAGE
1443 PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA.
nilS ~ ~EO TO:
CITY OF WINTER SPRINGS
CURVE
C - 1
C 2
!D.R1NGS ~ BASED ON THt
NORTH UN!' OF LOr 4-
AS BONO !oIaV4,'07"'[. PER PLAT
LECAL DDCJiPnON Fl.JAN5I!O BY
eUENT (U>USS 01>l<RWIS[ NOTEIl)
CHORD eRG
N44'S9'22"E
532'51'S4 "W
CHORD
472.80'
181.0"
SEE SHEET 2 FOR SKETCH
THIS IS NOT A BOUNDARY SURVEY
NOT VAUD wrTHOUT 'THE SleNATURE AHO
THE ORIGINAl RAISED StN.. OF A J:LORIDA
UC[NSm SURYEYOR AND 1oIAPP(R.
ADD/lIOH.S AND D€Ul10NS TO SUllVEY
MAPS. SKETCHES. OR REPORTS B'r'
'THAN mE SJCNIHG PARTY Oft P
PROHlEWmI WJ1HOUJ'
OF THE SIO P
TP,n.EI'lJD
SCAlE: '..30'
o - CENTRAL -'HOLE (DELTA). L _ Me, R _ RADIUS.
A/W - ~IGHT OF WAY, Ale . AIR CONOmoNER.
(R> - RAD..... (NR> - NON-fWl..... (P) _ PUT.
1M) - loIEASURED. (e> ""'-CUlATED, (D) _ DEm,
POB - POINT ~ SEQNNINC. CONe. _ CONCRETE.
POt - POINT OF CONWENCEWENT. POL _ POINT ON
UNE
. - RECOVERED 4"X"- CONCRETE WQNUNENT NO'
UWS .. - RECOYERED NM. I: DISK ,
X - RECQVER[l) X CUT IN CONCRETE
11-115 SKETCH IS CER11F1ED TO AND PREPARED FOR THE
SOLE AND EXCl..USNE BENEFTT OF" THE EHTmES AND/OR
INDMDUALS US1'ED .AND SHAlL NOT BE REl.JEO ON BY
Nt( OnfER DmTY OR INDMDUAI,. WHOfolSQ[V[R.
UNDERGROUND FOUNIlATIDNS _lOR IMPRO\IEl.lENTS
wt:AE NOT LOeArm /IS PNrr Qf' THIS SURVEY. \.AHO
SHOWN HEREON WERE NOT A8STR'CTED FOR RJGHTS or
WAYS AND/O" EASDIEHTS Of' PUBUC RECORD.
ALTAMONTE SURVEYING AND PLATTING, INC.
Sketch of Description
SHEET 2 OF 2 SHEETS
LOT 2
TUSCAWlUA TRACT T 5 PARCEl.. 1-C
PLAT BOOK 56. PAGES 2g-32
POINT Of BEGINNING
PARCEL ,
NORTHWEST CORNER
LOT 4
S89'-I9'07"g 26-1.00'
ALTAMONTE SURVEYING AND PLATTING INC
THIS IS NOT A BOUNDARY SURVEY
THIS AGREEMENT IS THE
VERSION THAT WENT TO THE
CITY COMMISSION AT THE
JANUARY 22, 2007 REGULAR
MEETING REGULAR 300. THIS
AGREEMENT WAS APPROVED.
Prepared by and Return to:
Katherine W. Latorn, Esq.
Winter Springs Assistant City Attorney
Brown, Garganese, Weiss & D'Agresta, P.A.
P.O. Box 2873
Orlando, FL 32802-2873
(407)425-9566
ti
oo~ ~cj ~
~ ~
AMENDMENT TO DEVELOPER'S AGREEMENT
FOR SEMINOLE T~ ANIMAL HOSPITAL. INC.
THIS AMENDMENT TO DEVELOPER' S AGREEMENT FOR SEMINOLE TRAIL
ANIMAL HOSPITAL INC., made and executed this day of , 2007,
by and between the CITY OF WINTER SPRINGS, a Florida municipal corporation ("City")
whose address is 1126 East State Road 434, Winter Springs, Florida 32708, and SEMINOLE
TRAIL ANIMAL HOSPITAL, INC., a Florida Corporation ("Owner") whose address is 1491 East
State Road 434, Suite 109, Winter Springs, Florida 32708.
WITNESSETH
WHEREAS, Owner is the owner of certain real property located within the City of Winter
Springs, Florida, more particularly described herein ("Subject Property's by virtue of Quit Claim
Deed recorded in Seminole County Official Record Book 6309, Page 13; and
WHEREAS, the City Commission of the City of Winter Springs adopted Resolution 2006-
38, approving Owner's request to subdivide the Subject Property into two (2) separate and distinct
lots for development purposes; and
WHEREAS, the subdivided lots are more particularly depicted and legally described herein
as "Parcel 4A" and "Parcel 4B;" and
WHEREAS, the Subject Property is part of Tuscawilla Tract 15 Parcel 1-C, and is subject
to a Developer's Agreement for Tuscawilla Tract 15 Parcel 1-C, which is recorded in Seminole
County Official Record Book 3574, Page 0529 ("Developer's Agreement"); and
WHEREAS, as the successor in interest to the Subject Property, Owner's development of
the Subject Property is bound by and subject to the terms of the Developer's Agreement; and
WHEREAS, the Development Agreement provides that the Subject Property may contain
one (1)ground-mounted, single tenant sign from 8' in height to 8'9" in height; and
WHEREAS, given that the Subject Property has been subdivided into two (2) lots for
AMENDMENT TO DEVELOPER'S AGREEMENT
CITY OF WINTER SPRINGS / SEMINOLE TRAIL ANIMAL HOSPITAL, INC.
PAGE 1 OF 6
development purposes, Owner desires to amend the Development Agreement only with regard to the
Subject Property to permit the design, construction and location of one (1)ground-mounted, single
tenant monument sign each for Pazce14A and Parcel 4B; and
WHEREAS, the City and Owner desire to memorialize in writing their mutual understanding
regarding certain aspects of the development of the Subject Property under the terms and conditions
set forth in this Amendment to Developer's Agreement for Seminole Trail Animal Hospital, Inc.
("Agreement"); and
WHEREAS, in addition to Owner's compliance with all provisions of the Developer's
Agreement, City Codes, permitting and construction not in conflict with or addressed herein, the City
and Owner desire to set forth the following special terms and conditions.
NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements
set forth and other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the parties agree to amend the Developer's Agreement as follows:
I.0 i a s The foregoing recitals are hereby incorporated herein by this reference
and deemed a material part of this Agreement.
2.0 Authority. This Agreement is entered into pursuant to the Florida Municipal
Home Rule Powers Act.
3.0 Subject Prop. The Subject Property which is subject to, and bound by, the
terms and conditions of this Agreement is legally described in "Exhibit A," attached hereto
and fully incorporated herein by this reference.
4.0 Subdivided Lots. Pursuant to Resolution 2006-38, the Subject Property was
approved by the Winter Springs City Commission to be subdivided into two (2) lots for
development purposes. Said subdivided lots are more particularly depicted and legally
described in "Composite Exhibit B," attached hereto and fully incorporated herein by this
reference ("Parcel 4A" and "Parcel 4B").
5.0 Representations ofOwner. Owner hereby represents and warrants to the City that
Owner 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
Owner and recorded in the public records of Seminole County, Florida, constitute a legal,
valid and binding obligation enforceable against Owner and the Subject Property in
accordance with the terms and conditions of this Agreement. Owner represents it has
voluntarily and willfully executed this Agreement for purposes of binding the Subject
Property to the terms and conditions set forth in this Agreement.
AMENDMENT TO DEVELOPER'S AGREEMENT
CITY OF WINTER SPRINGS / SEMINOLE TRAIL ANIMAL HOSPITAL, INC.
PAGE 2 OF ~6
6.0 Amendment to Developgr's Agreement. The City agrees to vary the signage
restrictions imposed on the Subject Property by paragraph 3.2 of the Developer's Agreement
as follows:
6.1 Parcel 4A. Owner shall design, construct and install one (1)ground-mounted,
single tenant monument sign not to exceed six feet (6~ in height for Parcel 4A. Such
sign shall be located as depicted on the Final Engineering Plans approved by the City
Commission on Apri124, 2006. The design, construction and location of the sign
shall otherwise comply with the provisions of section 3 of the Developer's
Agreement and all other applicable City Codes including, but not limited to, section
20-470, Winter Springs City Code.
6.2 Parcel 4B. Subject to applicable City Codes and prior approval by the City
Commission, Owner shall be permitted to design, construct and install one (1)
ground-mounted, single tenant monument sign on Parcel 4B, provided said sign shall
not exceed six feet (6') in height.
7.0 Successors and Assiggs. This Agreement shall automatically be binding upon and
shall inure to the benefit of the successors and assigns of each of the parties.
8.0 Applicable)~,~w. This Agreement shall be governed by and construed in accordance
with the laws of the State of Florida.
9.0 Amendments. This Agreement shall not be modified or amended except by written
agreement duly executed by both parties hereto and approved by the City Commission.
10.0 Entire Agreement. This Agreement supersedes any other agreement, oral or written,
and contains the entire agreement between the City and Owner as to the subject matter
hereof.
11.0 Severabilit~ 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.
12.0 Effective Date. This Agreement shall become effective upon approval by the City
of Winter Springs City Commission and execution of this Agreement by both parties.
13.0 Recordation. This Agreement shall be recorded in the public records of Seminole
County, Florida, and shall run with the land.
14.0 Relationship of the Parties. The relationship of the parties to this Agreement is
contractual and Owner is an independent contractor and not an agent of the City. Nothing
AMENDMENT TO DEVELOPER'S AGREEMENT
CITY OF WINTER SPRINGS / SEMINOLE TRAIL ANIMAL HOSPITAL, INC.
PAGE 3 OF 6
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.
15.0 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). This paragraph shall
survive termination of this Agreement.
16.0 City's Police Power. Owner agrees and acknowledges that the City hereby reserves
all police powers granted to the City bylaw. In no way shall this Agreement be construed
as the City bazgaining away or surrendering its police powers.
17.0 Interuretation. The parties hereby agree and acknowledge that they have both
participated equally in the draRing 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.
18.0 Third Party Iti~hts. 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.
19.0 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 maybe obtained by suit in equity.
20.0 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.
21.0 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 Owner or the City of
the necessity of complying with the law governing said permitting requirement, condition,
AMENDMENT TO DEVELOPER'S AGREEMENT
CITY OF WINTER SPRINGS / SEMINOLE TRAIL ANIMAL HOSPITAL, INC.
PAGE 4 OF 6
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,
special exception, occupational license, or other permit of any kind whatsoever for any
building or unit if Owner is in breach of any term or condition of this Agreement.
22.0 ontinuinE Effect of Developer's Agreement. All other provisions of the
Developer's Agreement not otherwise modified by this Agreement shall remain in full force
and effect with respect to the Subject Property.
IN WITNESS WHEREOF, the parties have executed this Binding Development Agreement
as of the date first written above.
ATTEST:
CITY OF WINTER SPRINGS,
a Florida municipal corporation.
ANDREA LORENZO-LUACES,
City Clerk
APPROVED AS TO FORM AND LEGALITY
For the use and reliance of the City of
Winter Springs, Florida only.
Dated:
sy:
JOHN F. BUSH,
Mayor
Anthony A. Garganese,
City Attorney for the City of Winter Springs
AMENDMENT TO DEVELOPER'S AGREEMENT
CITY OF WINTER SPRINGS / SEMINOLE TRAIL ANIMAL HOSPITAL, INC.
PAGE S OF 6
WITNESSES:
Print Name:
Print Name:
Seminole Trail Animal Hospital, Inc.
a Florida Corporation.
Douglas P. Williams,
Its President
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this day of ,
2007, by Douglas P. Williams, as President of Seminole Trail Animal Hospital, Inc., a Florida
Corporation, [ ] who is personally known to me or [ ] who has produced
as identification.
NOTARY PUBLIC, State of Florida
My commission expires:
AMENDMENT TO DEVELOPER'S AGREEMENT
CITY OF WINTER SPRINGS / SEMINOLE TRAIL ANIMAL HOSPITAL, INC.
PAGE 6 OF 6
THIS AGREEMENT IS THE FULLY
EXECUTED VERSION. THIS
AGREEMENT FIRST WENT TO THE
CITY COMMISSION AT THE JULY
26, 2006 REGULAR MEETING AS
PUBLIC HEARING 204. A MOTION
WAS MADE BY THE COMMISSION
TO MAKE AMENDMENTS TO THE
AGREEMENT. THE AGREEMENT
THEN CAME BACK TO THE CITY
COMMISSION AT THE JANUARY
22, 2007 REGULAR MEETING AS
REGULAR 300. THE AGREEMENT
WAS APPROVED AT THIS
MEETING.
1 ~ NMM~N~M~I~~M~~N~~rlrl^
Prepared by and Return to:
Katherine W. Latorre, Esq.
Winter Springs Assistant City Attorney
Brown, Gazganese, Weiss & D'Agresta, P.A.
t P.O. Box 2873
Orlando, FL 32802-2873
(407)425-9566
MARYAN~ MORSE, CLERK Of CIRCUIT COURT
SEMINOLE COUNTY
BK 06588 Pgs 8754 - 761; (8pgsf
CLERK • 5 ~ 2~701~72d!
RECORDED 8~/06/~887 12:85:88 PM
RECORDING FEES 69.58
RECORDED BY G Harford
AMENDMENT TO DEVELOPER'S AGREEMENT
FOR SEMINOLE TRAIL ANIMAL HOSPITAL. INC
THIS AMENDMENT TO DEVELOPER'S AGREEMENT FOR SEMINOLE TRAIL
ANIMAL HOSPITAL INC., made and executed this ~ day of 2007,
by and between the CITY OF WINTER SPRINGS, a Florida municipal cor oration ("City")
whose address is 1126 East State Road 434, Winter Springs, Florida 32708, and SEMINOLE
TRAIL ANIMAL HOSPITAL, INC., a Florida Corporation ("Owner") whose address is 1491 East
State Road 434, Suite 109, Winter Springs, Florida 32708.
WITNESSETH
WHEREAS, Owner is the owner of certain real property located within the City of Winter
Springs, Florida, more particularly described herein ("Subject Property") by virtue of Quit Claim
Deed recorded in Seminole County Official Record Book 6309, Page 13; and
WHEREAS, the City Commission of the City of Winter Springs adopted Resolution 2006-
38, approving Owner's request to subdivide the Subject Property into two (2) sepazate and distinct
lots for development purposes; and
WHEREAS, the subdivided lots aze more particularly depicted and legally described herein
as "Pazce14A" and "Pazce14B;" and
WHEREAS, the Subject Property is part of Tuscawilla Tract 15 Parcel 1-C, and is subject
to a Developer's Agreement for Tuscawilla Tract 15 Parcel 1-C, which is recorded in Seminole
County Official Record Book 3574, Page 0529 ("Developer's Agreement"); and
WHEREAS, as the successor in interest to the Subject Property, Owner's development of
the Subject Property is bound by and subject to the terms of the Developer's Agreement; and
WHEREAS, the Development Agreement provides that the Subject Property may contain
one (1)ground-mounted, single tenant sign from 8' in height to 8'9" in height; and
WHEREAS, given that the Subject Property has been subdivided into two (2) lots for
AMENDMENT TO DEVELOPER'S AGREEMENT
CITY OF WINTER SPRINGS / SEMINOLE TRAIL ANIMAL HOSPITAL, INC.
PAGE 1 OF 6
development purposes, Owner desires to amend the Development Agreement only with regard to the
Subject Property to permit the design, construction and location of one (1)ground-mounted, single
tenant monument sign each for Parcel 4A and Parcel 4B; and
WHEREAS, the City and Owner desire to memorialize in writing their mutual understanding
regarding certain aspects of the development of the Subject Property under the terms and conditions
set forth in this Amendment to Developer's Agreement for Seminole Trail Animal Hospital, Inc.
("Agreement"); and
WHEREAS, in addition to Owner's compliance with all provisions of the Developer's
Agreement, City Codes, permitting and construction not in conflict with or addressed herein, the City
and Owner desire to set forth the following special terms and conditions.
NOW, THEREFOFE, in consideration of the mutual promises, covenants and agreements
set forth and other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the parties agree to amend the Developer's Agreement as follows:
1.0 c' s. The foregoing recitals are hereby incorporated herein by tnis reference
and deemed a material part of this Agreement.
2.0 Authority This Agreement is entered into pursuant to the Florida Municipal
Home Rule Powers Act.
3.0 Stu ject Prope~y, The Subject Property which is subject to, and bound by, the
terms and conditions of this Agreement is legally described in "Exhibit A," attached hereto
and fully incorporated herein by this reference.
4.0 Subdiv}ded Lots. Pursuant to Resolution 2006-3.8, the Subject Property was
approved by the Winter Springs City Commission to be subdivided into two (2) lots for
development purposes. Said subdivided lots are more particularly depicted and legally
described in "Composite Exhibit B," attached hereto and fully incorporated herein by this
reference ("Parcel 4A" and "Parcel 4B'~.
S.0 Representatf ons of Owner. Owner hereby represents and warrants to the City that
Owner 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
Owner and recorded in the public records of Seminole County, Florida, constitute a legal,
valid and binding obligation enforceable against Owner .and the Subject Property in
accordance with the terms and conditions of this Agreement. Owner represents it has
voluntarily and willfully executed this Agreement for purposes of binding the Subject
Property to the terms and conditions set forth in this Agreement.
AMENDMENT TO DEVELOPER'S AGREEMENT
CITY OF WINTER SPRINGS / SEMINOLE TRAIL ANIMAL HOSPITAL, INC.
PAGE 2 OF 6
6.0 Aasnendment to Developer's greement. The City agrees to vary the signage
restrictions imposed on the Subj ect Property by paragraph 3.2 of the Developer's Agreement
as follows:
6.1 Parcel 4A. Owner shall design, construct and install one (1)ground-mounted,
single tenant monument sign not to exceed six feet (6') in height for Parcel 4A. Such
sign shall be located as depicted on the Final Engineering Plans approved by the City
Commission on Apri124, 2006. The design, construction and location of the sign
shall otherwise comply with the provisions of section 3 of the Developer's
Agreement and all other applicable City Codes including, but not limited to, section
20-470, Winter Springs City Code.
6.2 Parcel 4B. Subject to applicable City Codes and prior approval by the City
Commission, Owner shall be permitted to design, construct and install one (1)
ground-mounted, single tenant monument sign on Farcel4B, provided said sign shall
not exceed six feet (6') in height.
7.0 Succes~Qrs and Assigns. This Agreement shall automatically be binding upon and
shall inure to the benefit of the successors and assigns of each of the parties.
8.0 Applicable Law. This Agreement shall be governed by and construed in accordance
with the laws of the State of Florida.
9.0 Amendments. This Agreement shall not be modified or amended except by written
agreement duly executed by both parties hereto and approved by the City Commission.
10.0 Entire Agreement. This Agreement supersedes any other agreement, oral or written,
and contains the entire agreement between the City and Owner as to the subject matter
hereof.
11.0 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.
12.0 Effective Date. This Agreement shall become effective upon approval by the City
of Winter Springs City Commission and execution of this Agreement by both parties.
13.0 Recordation. This Agreement shall be recorded in the public records of Seminole
County, Florida, and shall run with the land.
14.0 Relationship of the Parties. The relationship of the parties to this Agreement is
contractual and Owner is an independent contractor and not an agent of the City. Nothing
AMENDMENT TO DEVELOPER'S AGREEMENT
CITY OF WINTER SPRINGS / SEMINOLE TRAIL ANIMAL HOSPITAL, INC.
PAGE 3 OF 6
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.
15.0 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). This paragraph shall
survive termination of this Agreement.
16.0 Cm's Police Power. Owner agrees and acknowledges that the City hereby reserves
all police powers granted to the City bylaw. In no way shall this Agreement be construed
as the City bargaining away or surrendering its police powers.
17.0 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.
18.0 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.
19.0 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 maybe obtained by suit in equity.
20.0 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.
21.0 Development Permfts. 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 Owner or the City of
the necessity of complying with the law governing said permitting requirement, condition,
AMENDMENT TO DEVELOPER'S AGREEMENT
CITY OF WINTER SPRINGS / SEMINOLE TRAIL ANIMAL HOSPITAL, INC.
PAGE 4 OF 6
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,
special exception, occupational license, or other permit of any kind whatsoever for any
building or unit if Owner is in breach of any term or condition of this Agreement.
22.0 Continuing Effect of Developer's Agreement. All other provisions of the
Developer's Agreement not otherwise modified by this Agreement shall remain in full force
and effect with respect to the Subject Property.
IN WITNESS WHEREOF, the parties have executed this Binding Development Agreement
as of the date first written above.
ATTEST:
SEA LORENZO-LUACES,
Clerk
APPROVED AS TO FORM AND LEGALITY
For the use and reliance of the City of
Winter Springs, Florida only.
Dated: ~ ~3 07
By:
Anthony A. Garganese,
City Attorney for the City of Winter Springs
,,
`t~l~.~,~' .
CITY OF WINTItiIt ~~v'GS, W ~ ~~
a Florida municip~~l ~~ioz~i~,~i[. ';~ ~';
~ •..- ;
J F. BUSK r `~ , ~ , a
•'~ ~~ ~'
;,ri J .~
AMENDMENT TO DEVELOPER'S AGREEMENT
CITY OF WINTER SPRINGS / SEMINOLE TRAIL ANIMAL HOSPITAL, INC.
PAGE 5 OF 6
WITNESSES:
`,~
ame: ~~~ IC,
STATE OF FLORIDA
Seminole Trail Animal Hospital, Inc.
a Florida Corporation.
glas illiams,
Its President
COUNTY OF c~~m,~,,)) ~_
C.~
The foregoing instrument was acknowledged before me thi~~ day of ~ ~ / I
2007, by Douglas P. Williams, as President of Seminole Trail Animal Hospital, Inc., a Fl rida
Corporation, ~ who is personally known to me or [ ] who has produced
/ as identification.
~.
NOTARY PUBLIC, State of Florid
My commission expires ~ c,1
AMENDMENT TO DEVELOPER'S AGREEMENT
CITY OF WINTER SPRINGS / SEMINOLE TRAIL ANIMAL HOSPITAL, INC.
PAGE 6 OF 6
LEGAL DESCRIPTION
Lot 4, TUSCAWILLA TRACT 16, PARCEL 1-C, according to the map or plat thereof, recorded in
Plat Book 5B, Pages 29 through 32, inclusive, of the Public Records of Seminole County, Florida.
TOGETHER with those certain non-exclusive easements for gravity sewer line, lift station and
sewerforce main over and across Lot 1, TUSCAWILLA TRACT 15, PARCEL 1-C, according to
the plat thereof es recorded In Plat Book 5B, Pages 29 through 32, Inclusive, of the Public
Records of Seminole County, Florida, as described in that certain Cross Easement Agreement for
TUSCAWILLA TRACT 15, PARCEL 1-C, by and between Robert A. Yeager, individually and as
Trustee and ZP No. 56, Limited Partnership, a Florida ifmlted partnership, dated January t3,
1899 and recorded January 14, 1999 in Official Records Book 3574, Page 564, as amended in
Official Records Book 3582, Page 1443, Public Records of Seminole County, Florida.
Together with:
An Easement for the benefit of Lot 4 as contained In the Amendment to the Declaration of
Restrictions recorded in Official Records Book 5349, Page 1939, Public Records of Seminole
County, Florida, over, under and across Lot 2, as described therein.
EXHIBIT
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Noem we
aims
F
t ~
K
GRAPHIC SCALE
ao ao ao no as
~ ~ ]w'~T
1 laah . 00 !i THIS IS NOT A BOUNDARY SURVEY
SHEET 2 OF 2 SHEETS
EXHIBIT
~mpas;tt
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r
C
4
SEE SHEET 1 FOR LEGAL DESCRIPTIONS
... .
FEB 2 3 2001
CITY OF Wu;
BRO~JN, GARGANESE, WEISS & D'AGRESTA,~~:c.~~~ '' ~~ ` ' ' ~"'~~
Attorneys at Law
Debra S. Babb-Nutcher°
Joseph E. Blitch
Usher L. Brown •
Suzanne D'Agresta°
Anthony A. Garganese°
J.W. Taylor
Jeffrey S. Weiss
•Board Certified Civil Trial Lawyer
"Board Certified City, County & Local Government Law
Offices in Orlando, Kissimmee, Cocoa,
Ft. Lauderdale & Tampa
February 21, 2007
Andrea Lorenzo-Luaces, City Clerk
City of Winter Springs
1126 East State Road 434
Winter Springs, FL 32708
Vivian Cocotas
Michael O'Brien Colgan
Scott J. Domstein
Mitchell B. Haller
Katherine W. Latorre
Amy J. Pitsch
Erin J. O'Leary
Catherine D. Reischmann
William E. Reischmann, Jr.
Of Counsel
Re: First Modification of Binding Development AgreementlWest End; and
Amendment to Developer's Agreement for Seminole Trail Animal Hospital
Dear Andrea:
Enclosed please find both originally recorded First Modification of Binding Development
Agreement/West End and Amendment to Developer's Agreement for Seminole Trail Animal
Hospital, recently received in our office. These documents are being forwarded to your office for
safekeeping.
Thank you for your attention to this matter.
AAG/kdm
Enclosures
Very
`~ ~rQ~~ v
If~ris~ D. atta, Assistant to
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 • Ft. Lauderdale (954) 670-1979
Website: www.orlandolaw.net • Email: firm~orlandolaw.net