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
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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
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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
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Prin Name
My Commission Expires / ;:? II';' fP
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SECOND MODIFICATION TO DEVELOPER'S AGREEMENT
CITY OF WINTER SPRINGS / MOSS ROAD, LLC
Page 4 of 4