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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 r--- S~~$ ®F DE9~R1!°~®N5 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 ~rhilafi 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