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HomeMy WebLinkAbout2006 04 24 Regular Item 304 Development Agreement Moss Rd 434 CITY COMMISSION April 24. 2006 Meeting Consent Information Public Hearing Regular X ITEM 304 MGR./DEPT Authorization REQUEST: The Community Development Department- Planning Division requests that the Commission consider the Second Modification to the Development Agreement for the 3.16 acre property on the southeast corner of Moss Rd and S.R. 434 which includes the State Farm Insurance building, the O'Mei Gongfu Academy and a future (office) building. PURPOSE: The purpose of this Agenda Item is to request that the City Commission approve the attached Modification to the Development Agreement for the Moss Road International Office Complex which is currently under construction and nearing completion. APPLICABLE LAW: Chapter 5,9, 16, and 20 of the City Code. Previously Approved Development Agreements from May 9,2005 & March 13,2006. CHRONOLOGY: May 09. 2005 Final Engineering and Development Agreement Approved Mav 23.2005 Aesthetic Review Submittal Approved March 13. 2006 First Modification to the Development Agreement Approved CONSIDERATIONS: The Development Agreement states in part [Section 3(b) Buffer Walls and Fences] that, "A new four (4') foot black-coated chain link fence shall replace the existing chain link fence and shall extend to the masonry wall, fully enclosing the modified retention pond. The existing posts will remain in their current location and be painted black, so that there is no additional impact to the existing trees; however the rails and fence fabric will be replaced with black coated chain link material. A ten-(lO')foot wide gate opening will be provided." Recently, the Applicant has submitted modified engineering plans that reduce the side slope of the retention area and thus eliminate the Code requirement (and any safety concern) for fencing the perimeter of the retention area. The Applicant desires to implement the modification to the @ April 24, 2006 Regular Item 304 Page 2 of 2 retention area and seeks to have this text removed from the Development Agreement. Staff supports the modification to the Development Agreement and believes that its implementation will enhance the area and the SR 434 corridor, as long as the Applicant complies with the minor modification to the revised engineering. STAFF RECOMMENDATION: Staff recommends that the Commission approve the Second Modification to the Moss Road International Office Complex Development Agreement. ATTACHMENTS: A Second Modification to the Development Agreement COMMISSION ACTION: 2 Prepared by and Return to: Katherine W. Latorre, Esq. City of Winter Springs Assistant City Attorney Brown, Garganese, Weiss & D'Agresta, P.A. 225 E. Robinson Street, Suite 660 P.O. Box 2873 Orlando, FL 32802-2873 (407) 425-9566 SECOND MODIFICATION TO DEVELOPER'S AGREEMENT THIS SECOND MODIFICATION TO DEVELOPER'S AGREEMENT ("Second Modification"), made and executed this _ day of April, 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 MOSS ROAD, LLC, a Florida limited liability company, whose address is 738 Rugby Street, Orlando, Florida 32804. WITNESSETH: WHEREAS, the City and Moss Road, LLC entered into a Developer's Agreement dated June 7,2005, and recorded in Official Records Book 05787, Page 1180, of Seminole County, Florida (the "Agreement"); and WHEREAS, the Agreement was modified pursuant to that First Modification to Developer's Agreement dated March 20, 2006 and recorded in Official Records Book 06177, Page 0384 of Seminole County, Florida ("First Modification"); and WHEREAS, the Agreement required in paragraph 3.(b) that Moss Road, LLC install a new four foot (4') black-coated chain link fence enclosing the retention pond; and WHEREAS, Moss Road, LLC has redesigned and regraded the retention pond; and WHEREAS, as redesigned and regraded, the retention pond no longer requires enclosure; and WHEREAS, the parties desire to further amend the Agreement to reflect that the installation of the chain link fence enclosing the retention pond is no longer required; and WHEREAS, the parties acknowledge and agree that all other terms and conditions of the Agreement and First Modification not expressly modified by this Second Modification shall remain in full force and effect. SECOND MODIFICATION TO DEVELOPER'S AGREEMENT CITY OF WINTER SPRINGS / MOSS ROAD, LLC Page l of 4 NOW, THEREFORE, in consideration ofthe 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 modify the Agreement as follows: 1.0 Recitals. The foregoing recitals are hereby incorporated herein by this reference and deemed a material part of this Second Modification. 2.0 Modification. The City and Moss Road, LLC agree that Section 3(b) of the Agreement shall be modified as follows: (underlined type indicates additions and strikeout type indicates deletions): Buffer Walls and Fences. As noted on the Plans, Moss Road LLC shall install a six (6) foot tall decorative masonry wall along the southern boundary line of Lot 1 according to the requirements of Section 20-485, at the time when the existing storm water retention pond is modified to accommodate the proposed new buildings on Lots 1 and 2. The Plans do not require the alteration of existing walls. A new rom (4') foot black-coated chain link fence shall replace the existing chain link fenee and shall "xtcnd to th" mMomy wall, fully wdosing the. modified retention pond. The existing posts will! e.main in th"iI em! ent loe.ation and be painted blae.k, so that thG! G is no additional impact to the existing trees, however, the rails and fence fabric will be replaced with blaek coated chain link: material. A t"1l-(10') root wide gat" op"ning will b" pIovide.d. No wall will be required between Lot 1 & Lot 2. 3.0 Recordation. This Second Modification shall be recorded in the public records of Seminole County, Florida, and shall run with the land. 4.0 Miscellaneous. All terms and conditions ofthe Agreement and First Modification which are not expressly and specifically modified by this Second Modification shall continue to remain in full force and effect. IN WITNESS WHEREOF, the parties have executed this Second Modification as of the date first written above. [EXECUTION PAGES FOLLOW] SECOND MODIFICA nON TO DEVELOPER'S AGREEMENT CITY OF WINTER SPRINGS / MOSS ROAD, LLC Page 2 of 4 THE CITY OF WINTER SPRINGS By: John F. Bush, Mayor ATTEST: By: 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: By: Anthony A. Garganese, City Attorney for the City of Winter Springs SECOND MODIFICATION TO DEVELOPER'S AGREEMENT CITY OF WINTER SPRINGS / MOSS ROAD, LLC Page 3 of 4 MOSS ROAD, LLC Craig Rouhier, Managing Partner WITNESSES: Print Name: Print Name: STATE OF FLORIDA ) COUNTY OF ) The foregoing instrument was acknowledged before me this _ day of , 2006, by as of Moss Road, LLC, a Florida limited liability company, [ ] who is personally known to me or [ ] produced as identification. Notary Public - State of Florida Print Name My Commission Expires SECOND MODIFICA nON TO DEVELOPER'S AGREEMENT CITY OF WINTER SPRINGS / MOSS ROAD, LLC Page 4 of 4 Im~.M.....nl."..I.'..II~ ~ Katherine W. Latorre, Esq. City of Winter Springs Assistant City Attorney Brown, Garganese, Weiss & D'Agresta, P.A. 225 E. Robinson Street, Suite 660 P.O. Box 2873 Orlando, FL 32802.2873 (407) 425-9566 MARYANNE MORSt:, CLERK (F CIRCUIT COORT SEMUn.e: COl.NTV . BK ()(;~3 Pq, O~19 -~, (4PIII) CLERK'S. 2()06081852 RECOIU)t~D oti/19/2006 0810.1159 AM RECORDING FEES 35.50 ~toRDED BY L McKinltv Prepared by and Return to: SECOND MODIFICATION TO DEVELOPER'S AGREEMENT TillS SECOND MODIFICA TI9..N OTO DEVELOPER'S AGREEMENT ("Second Modification"), made and executed this ~y of April, 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 MOSS ROAD, LLC, a Florida limited liability company, whose address is 738 Rugby Street, Orlando, Florida 32804. WITNESSETH: WHEREAS, the City and Moss Road, LLC entered into a Developer's Agreement dated June 7,2005, and recorded in Official Records Book 05787, Page 1180, of Seminole County, Florida (the "Agreement"); and WHEREAS, the Agreement was modified pursuant to that First Modification to Developer's Agreement dated March 20,2006 and recorded in Official Records Book 06177, Page 0384 of Seminole County, Florida ("First Modification"); and WHEREAS, the Agreement required in paragraph 3.(b) that Moss Road, LLC install a new four foot (4') black-coated chain link fence enclosing the retention pond; and WHEREAS, Moss Road, LLC has redesigned and regraded the retention pond; and WHEREAS, as redesigned and regraded, the retention pond no longer requires enclosure; and WHEREAS, the parties desire to further amend the Agreement to reflect that the installation of the chain link fence enclosing the retention pond is no longer required; and WHEREAS, the parties acknowledge and agree that all other terms and conditions of the Agreement and First Modification not expressly modified by this Second Modification shall remain in full force and effect. SECOND MODIFICATION TO DEVELOPER'S AGREEMENT CITY OF WINTER SPRINGS / MOSS ROAD, LLC Page 10f4 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 modify the Agreement as follows: 1.0 Recitals. The foregoing recitals are hereby incorporated herein by this reference and deemed a material part of this Second Modification. 2.0 Modification. The City and Moss Road, LLC agree that Section 3(b) of the Agreement shall be modified as follows: (underlined type indicates additions and stlrtocom type indicates deletions): Buffer Walls and Fences. As noted on the Plans, Moss Road LLC shall install a six (6) foot tall decorative masonry wall along the southern boundary line of Lot 1 according to the requirements of Section 20-485, at the time when the existing storm water retention pond is modified to accommodate the proposed new buildings on Lots 1 and 2. The Plans do not require the alteration of existing walls. A n,w fom (4') foot black>-Goated chain link fenc, shall lepla" th, Gxistin~ Ghaill link kIlG" and shall ,xtcnd to the. m4S0ltj.., 'Wall, full, enGlosing th, modifkd I,tc.ntion pond. The ,ximng posts will ICI1wn in the.i1: Cttucnt location:md be painted blaGk, so that thel' is no additional impact to the '.<isting tl~GS, ho'WcvGI, the lails and fc;nc~ fabIiG will be l'pldGGd with black Goated Glwnlink matcIial. A ten-(18') foot 'Wide gate. opc-uing will be pIovided. No wall will be required between Lot I & Lot 2. 3.0 Recordation. This Second Modification shall be recorded in the public records of Seminole County, Florida, and shall run with the land. 4.0 Miscellaneous. All terms and conditions of the Agreement and First Modification which are not expressly and specifically modified by this Second Modification shall continue to remain in full force and effect. IN WITNESS WHEREOF, the parties have executed this Second Modification as of the date first written above. [EXECUTION PAGES FOLLOW] SECOND MODIFICA nON TO DEVELOPER'S AGREEMENT CITY OF WINTER SPRINGS / MOSS ROAD, LLC Page 2 of 4 ...........,""''''',. . '"~..,~~ ~h..' __... ~;\".,........ v/&. THE CITY OF WIN:TER5PRfntaS '. .0/. :~: """1.1 y. ; l.t~.. ~ . ---: ,..,. C 'tI':..... ~ ~;:: 0.. ." to .: ~ .,. ~. ~' 'I.' "'.:0 By: " . ,. .. ~ ~",f... ". . .' ..'::.; r:J1if ........ ~"" .', . r1 st'~\ . '" \ \ . ,\"....,.. APPROVED AS TO FORM AND LEGALITY For the use and reliance of the City of Winter Springs, Florida only. ~;:oo: ~1~ ~ A. oaqjiiiiese;- City Attorney for the City of Winter Springs SECOND MODIFICA nON TO DEVELOPER'S AGREEMENT CITY OF WINTER SPRINGS I MOSS ROAD, LLC Page 3 of4 MOSS ROAD, LLC al.l." a L "h'1 J 10 lLlJ L PrintName:~If'F. mIla ~J( STATE OF FL~DA ) COUNTYOF~ The re oing instrument was acknowledged befllre me thi~y of kL 2006, I ~~'Ft1 me/' of Moss Road, lorida limited liability company, [ who is pers al known to me or [ ] produced as identification. No Pu lie - S fFlorida ~hbF-€vh;- Prin Name My Commission Expires / ;:? II';' fP .........................,.' - ................. i '-, ISSA t ,'J;HT : ".....,,",.. ( . Doo"~:')n~j(J i I r . ...!~-; 1~11412008 : f.. (1lO0)432-4254: ~'''' ''V Aun., Inc: I SECOND MODIFICATION TO DEVELOPER'S AGREEMENT CITY OF WINTER SPRINGS / MOSS ROAD, LLC Page 4 of 4