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HomeMy WebLinkAbout2005 05 09 Regular 501, Plans for Moss Rd and SR 434 incl Vacant State Farm BuildingCITY COMMISSION ITEM 501 Consent Information Public Hearin Re ular X May 9, 2005 Meeting MGR. /DEPT ~ Authorization REQUEST: The Community Development Department-Planning Division requests that the Commission consider and approve the Developer's Agreement and the final site plan/engineering plans for [hc 3.16 acre property on the southeast corner of Moss Rd and S.R. 434 which includes [he vacant State Farm Insurance building along with the addition of two (2) new office buildings on the 3.16 acres. PURPOSE: The purpose of this Agenda Item is to request that the City Commission review and approve [he attached final site plan engineering plans and Developer's Agreement for the Moss Road International Office Complex on 3.16 acres. APPLICABLE LAW: Chapter 5, City Code. Chapter 9, City Code. Chapter 16, City Code. Chapter 20, City Code. CONSIDERATIONS: Future Land Use and Zonina The site has a Commercial Future Land Use designation, a C-1 Neighborhood Commercial zoning, and is within the SR 434 Corridor Overlay Dis[rict- Redevelopment P,rea Existin¢ and Prouosed Land Use The presently vacant State Pawn Building, along with the undeveloped, wooded property to the east along the south side of SR 434, is proposed to be developed as an office use. The existing State Farm building garage will be bricked-in along the front at such time as [he constmetion of one or both of the new buildings begin. Environmental Considerations There are no wetland, floodplain, specimen tree, or listed species issues associated with the site. 7~ Mny 9, 2005 Regular item 501 Page 2 of 6 Buildine Aeieht. The S.R. 434 Overlay District stipulates a maximum height of 35-feet. The applicant has indicated that the thirty-five (35) foot height is sufficient for the proposed two-story buildings. Existing Building- The front garage aeeas of the existing Slate Farm Building will be bricked in when site development or building construction begins. Thcrc currently exists a utility area on the south side of the building Iha[ is enclosed with chain link and green plastic slats. This mechanical area will be screened from SR 434 with a 6-foot masonry wall. Buffers and Walls- A 6-foot high decorative masonry wall will be constructed on the south side of the property according to the requirements of Section 20-485, a[ the time when the existing stormwater retention pond is modified. I[ will buffer the existing residential azca from the commercial use and will enclose the south side of the modified retention basin which is required [o be enclosed due to the proposed grades. An existing wood fence is on the adjacent property. An existing 4-foot galvanized chain link fence with green plastic slats exists along the north side of the existing retention area, immediately adjacent to the parking lot pavement. She modified retention area will also require fencing. The new section of fencing will be required to be black- coated chain link fence. The applicant has egged to modify the older section to match and comply as well. The existing posts will remain in their current location (and painted black) so that there is no additional impact [o the existing trees; however, the rails and fence fabric will be replaced with black coated chain link material. A 10-foot wide stabilized maintenance berm, as referenced in Section 9-241(d)(3), is not required given that the retention azea is adjacent to a parking lot. Circulation- No traffic study was required based on the proposed office use. A 24-foot wide cross access-easement will allow eventual connection to [he adj acenl undeveloped property to the east. The cross-access easement and utility easement must be recorded on the plat before a certificate of occupancy is issued for the building. A bicycle pazking rack, although not shown on the site plan, will be required and will be shazcd for both lots. The Developer's Agreement addresses both of these issues. All internal sidewalks shall be five (5') feet in width. Off-street PazMne- The two (2) new offce buildings will utilize and share the existing State Farm parking lot. This massive lot was found to be large enough [o accommodate Code requirements for off-street parking (Section 9-277; 1 space/400 SF of office). The parking lot will also be retrofitted with landscape islands al the end of each row of parking. This will result in breaking up the sea of asphalt that currently exists on the site. Each pazking bay shall have no more than ten (10) continuous puking spaces unbroken by a landscape island, except in one case, at the rear of the State Farm building. The Developer's Agreement addresses this exception. Landscaping- The applicant is complying with the landscape screening requirement for the existing parking lot area as well as the new parking [see Section 20-484 (11) which states that "all parking areas and vehicular use areas [o be screened from public ROW"]. The applicant is proposing to save two (2) trees that exist between the pazking lot and the new buildings. The May 9, 2005 Regalar Item 501 Page 3 of 6 sidewalk will jog azound these trees, reducing the landscape area next to the building to less than 5-feet. Section 20-484(13)6 requires all living screening material [o be in an azea with at least a five-foot wide dimension. Perhaps the entrance to the building can be at this location. The Developer's Agreement will address this exception, as x means of keeping these trees. if these trees do not survive construction, the applicant will replace them with new trees appropriate to the location and will recalculate the tree removal permit. !n addition, the applicant is proposing a 7-foot landscape area rather than the required 10-foot along a portion of the west side of the new buildings. This also is addressed in the Developer's Agreement. Where plant material is sparse azound the existing building, supplemental landscaping is added (as shown on the plans) to fill in the gaps. Utilities- The Public Works Director indicates that sufficient water and sewer capacity is available for this project A utility easement (in the same location as the cross access easement) is required for future sewer service to the adjacent undeveloped parcel to the east. Reclaimed water is already utilized on the existing State Fame site. The addition to the existing irrigation system will also utilize reclaimed water. FINDINGS: 1. The proposed final engineering/sitc plan is consistent with the City's Comprehensive Plan and Code of (hdinances, except as indicated above. These exceptions are addressed in the attached Developer's Agreement. 2. Across-access and utility easement, as depicted on the site plan, must be recorded prior to the issuance of a building permit for either of the new buildings. 3. The reconfiguration of the lots, as depicted on the site plan, will require platting. PLANNING & ZONING BOARD RECOMMENDATION: At the rescheduled regulaz meeting of the Planning and Zoning Board on April 18, 2005, the Planning & Zoning Boazd recommended approval of the Miller School Supplies final engineering/site plan. STAFF RECOMMENDATION: Staff recommends that the Commission approve the Moss Road Intema[ional Office Complex Developer's Agreement and final engineering/site plan. ATTACHMENTS: A Excerpt of P&Z/LPA Minutes from April 18, 2005 B Developer's Ageement C Final Enginccring/Si[e Plan COMMISSION ACTION: May 9, 2005 Regular Item 501 Page 4 of 7 ATTACHMENT A Excerpt of P&ZJI-PA Minutes from April 18, 2005 CITY OF WINTER SPRINGS, FLORIDA MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY SPECIAL MEETING APRIL 18, 2005 REGULAR 501. Community Development Department -Planning Division Requests That The Planning And Zoning (P&Z) Board Consider And Approve Preliminary And Final Site Plan And Engineering Plans For The 3.16 Acre Property On The Southeast Corner Of Moss Road And S.R. (State Road) 434 Which Includes The Vacant State Farm Insurance Building Along With The Addition Of Two (2) New Office Buildings On The 3.16 Acres. Ms. Sahlstrom presented this Agenda Item and displayed pictures of the Site. Tape 2/Side A Discussion. Mr. David Glunt, Project Engineer, Madden Engineering, Inc., 431 East Horatio Avenue, Suite 2ti0, Maitland, Florida: spoke to the Board Members regarding this property. Mr. Craig F Rouhier, Executive Vice President, W. M. Sanderlin & Associates, Inc., Santrust, LTD, 738 Rugby Street, Orlando, Florida: addressed the Board Members on the various businesses planned for this Site. "I'D LIKE TO MAKE A MOTION THAT WE RECOMMEND APPROVAL TO THE CITY COMMISSION FOR THE MOSS ROAD INTERNATIONAL OFFICE COMPLEX AS DEPICTED OR AS SHOWN HERE TONIGHT ON THEIR FINAL ENGINEERING SITE DEVELOPMENT PLANS SUBJECT TO THE CONDITIONS SETFORTH TONIGHT." MOTION BY BOARD MEMBER TILLIS. SECONDED BY BOARD MEMBER BROWN. DISCUSSION. May 9, 2005 Aegtda~ Item 501 Page 5 of 7 ATTACHMENT A Excerpt of P&Z/LPA Minu[es from April 18, 2005 BOARD MEMBER BROWN ASKED, "I WOULD JUST LIKE TO REMIND ELOISE [SAHLSTROM] THAT -GOOD POINT -BROUGHT UP ABOUT THOSE AIR CONDITTONERS. IF YOU CONVEY THAT ON." MS. SAHLSTROM SAID, "ALRIGHT." VOTE: VICE CHAIRPERSON KARR: AYE CHAIRMAN POE: AYE BOARD MEMBER VOSKA: AYE BOARD MEMBER TILLIS: AYE BOARD MEMBER BROWN: AYE MOTION CARRTED. May 9, 2005 Regular Item 501 Page 6 of 12 ATTACHMENT B Developer's Agreement THIS INSTRUMENT WAS PREPARED BY: Moss Road LLC 738 Rugby Street Orlando, Florida 32804 (407)540-1500 AND RETURN TO: Anthony A. GazQanese. City Attorney Brown Gaz¢anese Weiss & D'Aeresta P.A. PO BOX 2873 Orlando. Florida 32802 DEVFLOPER'S AGREEMENT TH[S DEVELOPER'S AGREEMP.N"I' (the "Agreement") is made and executed this day of 2005, by and between the CITY OF WINTER SPRINGS, a Florida municipal corporation (the "CiTy"), whose address is 1126 East S.R. 434, Winter Springs, Florida 32708, and MOSS ROAD, I,LC, a Florida limited liability company, whose address is 738 Rugby Street, Orlando, Florida 32804. WITNESSETH: WIIEREAS, Moss Road LLC is the fee simple owner of certain real property located within the City in Seminole CounTy, Florida and more particulazly described in Exhibit "A" attached hcKeto and incorporated herein by this reference ([he "Property"); and WHERBA$ Mose Road LLC intends to develop the Property as an International Business Office Pazk complex; and WHERBAS, subject to the approval of the City Commission, Moss Road LLC desirce to Facilitate the orderly development of the Project on the Property as depicted in the certain site submittal Plan for Moss Road LLC - CiTy of Winter Springs, Florida prepared by Madden Engineering, Inc. under lob No. ,dated _; and WHEREAS, the City Commission has recommended and Moss Road, LLC has voluntarily a¢eed to entering into this Agreement Myth Mess-Read-bb6 for the development of the Project; and WHEREAS, in addition [o Moss Road LLC compliance with the City Land Development Code (the "Code"), permitting and construction not in conflict herewith, the CiTy and Moss Road i.LC desire to set forth the following special terms and conditions with respect to the development and operation of the Project (the "Plans"l. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties mutually agree as follows: May 9, 20U5 Regular Item 501 Page 7 of 12 7. Recitals .The foregoing recitals aze true and cortect and are hereby incorporated herein by this reference. 2. Authority. This Agreement is entered into pursuant to the Florida Municipal Home Rule Powers Act. 3. Oblations and Commitments. Tn consideration of the City and Moss Road LLC entering into this Agreement, the City and Moss Road LLC hereby agree as follows: (a) Formation of Professional Office Association. Moss Road LLC hereby acknowledges and agees [hat it intends [o form a mandatory professional office association (the "Intemadonal Rosiness Office Park Association") for purposes of maintaining any and all common azeas, signage, pazking lots and paved access azeas, dumpster enclosure, sidewalks, landscaping & irrigation, walls, fences, and stormwater drainage facilities associated with Lot 1 & Lot 2. A separate Declaration oC Covenants, Conditions and Restrictions (the "Declaration") will be executed and recorded among the Public Recoeds of Seminole County, Florida to evidence the fomralion of the Yrofessional Office Association and establish its rights, duties and obligations. (b) Buffer Walls and Fences. As noted on Ore Plans Moss Road LLC shall install a six ((i) 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 nronosed new buildin sg on Lots 1 and 2. The Plans do not require the alteration of £existing walls r--rte. Anew 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-(]0') foot wide gate opening will be provided. No wall will be required between Lot 1 & Lot 2. (c) i e. The City hereby acknowledges and agrees that Moss Road LLC shall have the right, upon the full exewtion of this Agreement, to erect one constmction sign as described in Section 20-486Q 0) of the Code in a location acceptable to the City which shall be permitted to remain for a period of twelve (12) months from the date hereof. Moss Road LLC shall have the right to erect permanent project identification signage at the main entrance to the project and at the entrance on Moss Road. The main entrance signage shall consist of lettering attached to the existing 4'x 8' monument sign, spelling "Intemationa] Business Park" and may include the individual names of any tenants. The secondary enhance signage shall be sized to match the main entrance signage. Lot 2 may have it's own sepazate monument sign located no closer than 200 feet from any other Moss Road LLC sign, not to exceed six (6) feet in height. New signage shall be constructed no closer than 10 feet from the property line. Copy area shall not exceed thirty-two squaze feet per side for each sign. Landscaping shall be incorporated around the base of each monument sign. The project shall have no more than three (3) permanent signs. The In[emational Rosiness Offtce Park Association shall maintain all signs in a good condition and state of repair. (d) Reimbursement for Weterend Waste-Water Sewer Lines. The sewer line dcoic[ed nn the Plans will be conveyed to the City alone with an easement tl at is acceptable to the City Attorney The May 9, 2005 Regular Item 501 Page 8 of 12 (c) Buildine Setbacks and Buildine Height. Lot 2 front setback off of SR-434 shall be per the City Code. Side yard setbacks for Lot 1 & Lot 2 shall be 10 feet as allowed in the SR 434 Overlay District. Along the west side of the new office buildings, a minimum landscaped area of five (5) feet shall be maintained rather than the 10 feet requvcd in Section 20-484(15). The building height for any two (2) story buildings shall not exceed thirty-Sve (35) feet in height as permitted in the SR 434 Overlay district. (f) Sidewalks.'I'he Ciry hereby agrees Chat all internal sidewalks within the Project shall be five (5) feet in width in accordance with Section 20-484(12) of the Code. In addition, the Declaration shall establish casement rights in favor of the In[emational Ausiness Office Park Association to permit sidewalks to extend into individual buildings as depicted in the site plans. (g) Plat[ine. Moss Road LLC shall be required to plat the Property in accordance with Section 9-75 of the Code. The plat shall be recorded prior to the issuance of a building permit for construction of either of the new buildings on Lot 1 or Lot 2, as required in Section 9-178 of the Code. (h) Stormwater Pond Maintenance. The City hereby agrees that the Professional Office Association shall be required to maintain the stormwater pond per the requirements of [he SJRWMD and the City. (i) Moss Road LLC shall brick-in the front garage area and shall also screen the mechanical area on the reaz of the building, from SR 434, with a 6' masonry wall, when site development or building construction begins. Moss Road LLC shall modify Lot 1 parking lot, including the additional landscaping as shown on the site plan at such time as construction begins on either Lot 1 or Lo[ 2. (j) Lot 1 and Lot 2 shall have b anket cruse parking and cross access/egress easements over each other's lots for the parking areas and storm water areas. Modification of the Lot 1 stormwa[er pond shall take place concurrent with building eonstmotion on Dither i.ot 1 or Lot 2. (k) The stonnwater ten (10) foot wide stahilized maintenance berm required in Section 9- 241(d)(3) is not required given chat the retention area is adjacent to a parking lot. c..e- May 9, 2005 Regular Item 501 Page 9 of 12 (1) One shared bicycle pazking rank will be required for Lots 1 and Lot 2. (m)Moss Road LLC will comply with the landscape screening requirement for the existing parking lot area as well as the new parking [see Section 20-484 (11) which elates that "all parking azeas and vehicular use areas to be screened from public ROW"]. The two (2) trees that exist between the parking lot and the new buildings on Lo[ 1 and Lot 2 may be aH'ected by the proposed construction. Should these two (2) trees not survive during construction Moss Road LLC agrees to recalculate the tree removal permit. The sidewalk will jog around these trees, reducing [hc landscape area next to the building to less than five (5') feet Rather than the required ten (10') foot landscape azea on the west side of [he new buildings, only a seven (T) foot landscape area will be required. (n) The code provisions for a landscape island for every [en (10) continuous parking spaces shall be complied with except in one instance (on the rear side of the existing building) which has twelve (12) continuous spaces. (o) A twenty-four (24) foot wide Dross access easement along with a utility easement to the east adjacent undeveloped lot shall be provided on the plat. (p) Both the existing and the addition W the existing irzigation system will utilize reclaimed water. 4. Reroresentations of the Parties The City and Moss Road LLC hereby each represim[ and warrant to the other that it has [he power and authority to execute, deliver and perform the terms and provisions of this Ageement and has taken all necessary action to authorize the execution, delivery and performance of this Ageement. This Agreement will, when duly executed and delivered by the City and Moss Ruad LLC and recorded in the Public Records of Seminole County, Florida, constitute a legal, valid and binding obligation enforceable against the parties hereto and the Property m accordance with the terms and conditions of this Agreement Moss Road LLC represents that it has volmtarily and willfully executed this Agreement for purposes of binding the properly [o the terms and conditions set forth in this Agreement. 5. Successors and Assims. This Agreement shall automatically be binding upon and shat l inure [o the benefit of the CiTy and Moss Road LLC and their respective successors and assigns. The terms and conditions of this Agreement similarly shall be binding upon the Property and shall run with title to the same. 6. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. 7. Amendments. "17us Agreement shall not be modified or amended except by written agreement duly executed by both parties hereto (or their successors or assigns) and approved by the City Cmmnission. 8. Entire Agreement. This Agreement supersates any other agreement, oml or written, and contains the entire agreement between the CiTy and Muss Road LLC as to the subject matter hereof. 9 Sevembiliri. If any provision of this Agreement shall beheld to be invalid or unenforceable to any extent by a court of competent judsdiotion, the same shall not affect in any respect the validity or enforceabiliTy of the remainder of this Agreement. May 9, 2005 Regular Item 501 Page ]0 of 12 10. Effective Date. This Agreement shall become effective upon approval by the City Commission and execution of this Agreement by both parties hereto. 11. Recordation. This Agreement shall be recorded in the Public Records of Seminole County, Florida. l2. Relationship of the Parties._ The relationship of [he parties to this Agreemrnt is conhzctual and Moss Road LLC is an independent contractor and not an agent of the City. Notlting herein shall be deemed to create a joint venture or principalagrnt relationship betwccm 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. 13. Sovereim Immmity. Nothing contained in this Agreement shall be constmed as a waiver of the City's right to sovereign immunity under Section 768.28, Florida Statutes, or any other limitation on the City's potential liability under the state and federal law. 14. Ci[v's Police Yower. Moss Road LLC agrees and acknowledges that the City hereby reserves all police powece granted to the City by law. In no way shall this Agreement be construed as the City bargaining away or surrendering its police powers. l5. 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. 16. Permits. The failure of [his Agreement to address any particular City, county, state, and/or federal permit, condition, term, or restriction shall not relieve Moss Road LLC or the City of the necessity of complying with the law govcming said permitting requirements, conditions, term, or restriction. 17. Third-Party RiYhts. This Agreement is not athird-party beneficiazy contract and shall not in any way whatsoever create any rights on behalf of any third party. 18. 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 may be obtained by a suit in equity. 79. Attorney's Fees. In connection with any arbihation 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. 20. 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 Moss Road LLC or the City of the necessity of complying with the ]aw governing said permitting requirement, conditioq term or restriction. With t imnosine any limitation on the City's police powers, the Citv reserves the rieht 10 May 9, 2005 Regular Item 501 Pagel ] of 12 to withhold, susncnd or terminate anv and al] certificates of occupancv fo anv buildine or unit if Moes Road LLC is in breach of anv term and oondition of this Agreement IN WITNESS WHEREOF, the parties have hereunto set their hands and seal on the date first above written. CITY OF WINTER SPRINGS sy: John F. Bush, Mayor ATTEST: BY: Lorenzo Luaces, City Clerk APPROVED AS TO FORM AND LEGALITY For the use and reliance of the City of Winter Springs, Florida, only. Dalcd: sy: _ Anthony Garganese, City Attorney for the City of Winter Springs, Florida MOSS ROAD LLC IIy: IL May 9, 2005 Regular Item SOI Yage 7 of 7 ATTACHMENT C Final Engineering/SitePhn Moss Road LLC MARYANNE MORSE, CLERK Of CIRCUIT COURT SEMINOLE COUNTY BK 05787 PGS 1180-1187 CLERK'S. 2005108018 RECORDED 06/29/2005 09:22:45 AM R6aJRDINB FEES 69. SO RECORDING FEES 69.50 RECORDED BY t holden THIS INSTRUMENT WAS PREPARED BY: 738 Rugby Street Orlando, Florida 32804 (407) 540-1500 AND RETURN TO: Anthony A. Garganese, City Attorney Brown, Garganese, Weiss & D'Agresta, P.A. PO BOX 2873 Orlando, Florida 32802 DEVELOPER'S AGREEMENT THIS DE LOPER'S AGREEMENT (the "Agreement") is made and executed this 7th day of June 2005, by and between the CITY OF WINTER SPRINGS, a Florida municipal corporation (the "City"), whose address is 1126 East S.R. 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, Moss Road LLC is the fee simple owner of certain real property located within the City in Seminole County, Florida and more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference (the "Property"); and WHEREAS, Moss Road LLC intends to develop the Property as an International Business Office Park complex; and WHEREAS, subject to the approval of the City Commission, Moss Road LLC desires to facilitate the orderly development of the Project on the Property as depicted in the certain site submittal Plan for Moss Road LLC - City of Winter Springs, Florida prepared by Madden Engineering, Inc. under Job No. 24169, dated April 26, 2005; and WHEREAS, the City Commission has recommended and Moss Road, LLC has voluntarily agreed to enter into this Agreement for the development of the Project; and WHEREAS, in addition to Moss Road LLC compliance with the City Land Development Code (the "Code"), permitting and construction not in conflict herewith, the City and Moss Road LLC desire to set forth the following special terms and conditions with respect to the development and operation of the Project (the "Plans"). NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties mutually agree as follows: Developer's Agreement City of Winter Springs and Moss Road, LLC. Page 1 of6 I. Recitals. The foregoing recitals are true and correct and are hereby incorporated herein by this reference. 2. Authority. This Agreement is entered into pursuant to the Florida Municipal Home Rule Powers Act. 3. Oblations and Commitments. In consideration of the City and Moss Road LLC entering into this Agreement, the City and Moss Road LLC hereby agree as follows: (a) Formation of Professional Office Association. Moss Road LLC hereby acknowledges and agrees that it intends to form a mandatory professional office association (the "International Business Office Park Association") for purposes of maintaining any and all common areas, signage, parking lots and paved access areas, dumpster enclosure, sidewalks, landscaping & irrigation, walls, fences, and stormwater drainage facilities associated with Lot I & Lot 2. A separate Declaration of Covenants, Conditions and Restrictions (the "Declaration") will be executed and recorded among the Public Records of Seminole County, Florida to evidence the formation of the Professional Office Association and establish its rights, duties and obligations. (b) 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 I 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 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. No wall will be required between Lot I & Lot 2. (c) Signage. The City hereby acknowledges and agrees that Moss Road LLC shall have the right, upon the full execution of this Agreement, to erect one construction sign as described in Section 20- 486(10) of the Code in a location acceptable to the City which shall be permitted to remain for a period of twelve (12) months from the date hereof. Moss Road LLC shall have the right to erect permanent project identification signage at the main entrance to the project and at the entrance on Moss Road. The main entrance signage shall consist of lettering attached to the existing 4'x 8' monument sign, spelling "International Business Park" and may include the individual names of any tenants. The secondary entrance signage shall be sized to match the main entrance signage. Lot 2 may have it's own separate monument sign located no closer than 200 feet from any other Moss Road LLC sign, not to exceed six (6) feet in height. New signage shall be constructed no closer than 10 feet from the property line. Copy area shall not exceed thirty-two square feet per side for each sign. Landscaping shall be incorporated around the base of each monument sign. The pmject shall have 11,) more than thrc~ (3) permanent sign:>. The International Business Office Park Association shall maintain all signs in a good condition and state of repair. (d) Reimbursement for Sewer Lines. The sewer line depicted on the Plans will be conveyed to the City along with an easement that is acceptable to the City Attorney. The parties acknowledge that the sewer line may benefit adjacent and surrounding property owners in the future in the event said property owners are required to hook up to said sewer line. In the event adjacent or surrounding property owners hook up to the sewer line, the City agrees to charge said property owners a fee equal to a pro rata share of Moss Road LLC's actual cost of constructing the sewer line. The actual construction cost shall be approved by the City at the time the City performs a final inspection of the sewer line and accepts a bill of sale for the sewer line. Moss Road LLC shall be required to submit to the City an engineer's certificate evidencing the actual construction cost. Said cost shall be reasonable and based only on Moss Road LLC's actual out-of-pocket expenses. Any pro rata payment shall be determined by the City at the Developer's Agreement City of Winter Springs and Moss Road, LLC. Page 2 of6 " time any adjacent or surrounding property owner hooks up to the sewer line and shall be based on the historical sewer flows on the Property, estimated sewer flows for the any property hooking up to the sewer line, and the possibility that other property owners may hook up to the sewer line in the future. The City will require that the pro rata payment be made at such time the property receives a building permit or such other time that is consistent with the City's utility policies. (e) Building Setbacks and Building Height. Lot 2 front setback off of SR-434 shall be per the City Code. Side yard setbacks for Lot I & Lot 2 shall be 10 feet as allowed in the SR 434 Overlay District. Along the west side of the new office buildings, a minimum landscaped area of five (5) feet shall be maintained rather than the 10 feet required in Section 20-484(15). The building height for any two (2) story buildings shall not exceed thirty-five (35) feet in height as permitted in the SR 434 Overlay district. (f) Sidewalks. The City hereby agrees that all internal sidewalks within the Project shall be five (5) feet in width in accordance with Section 20-484(12) of the Code. In addition, the Declaration shall establish easement rights in favor of the International Business Office Park Association to permit sidewalks to extend into individual buildings as depicted in the site plans. (g) Platting. Moss Road LLC shall be required to plat the Property in accordance with Section 9-75 of the Code. The plat shall be recorded prior to the issuance of a building permit for construction of either of the new buildings on Lot I or Lot 2, as required in Section 9-178 of the Code. (h) Stormwater Pond Maintenance. The City hereby agrees that the Professional Office Association shall be required to maintain the stormwater pond per the requirements of the SJR WMD and the City. (i) Moss Road LLC shall brick-in the front garage area and shall also screen the mechanical area on the rear of the building, from SR 434, with a 6' masonry wall, when site development or building construction begins. Moss Road LLC shall modify Lot 1 parking lot, including the additional landscaping as shown on the site plan at such time as construction begins on either Lot 1 or Lot 2. (j) Lot 1 and Lot 2 shall have blanket cross parking and cross access/egress easements over each other's lots for the parking areas and storm water areas. Modification of the Lot 1 stormwater pond shall take place concurrent with building construction on either Lot 1 or Lot 2. (k) The stormwater ten (10) foot wide stabilized maintenance berm required in Section 9- 241 (d)(3) is not required given that the retention area is adjacent to a parking lot. (k) One shared bicycle parking rack will be required for Lots I and Lot 2. (1) Moss Road LLC will comply with the landscape screening requirement for the existing parking lot area as well as the new parking [see Section 20-484 (11) which states that "all parking areas and vehicular use areas to be screened from public ROW"]. The two (2) trees that exist between the parking lot and the new buildings on Lot 1 and Lot 2 may be affected by the proposed construction. Should these two (2) trees not survive during construction Moss Road LLC agrees to recalculate the tree removal permit. The sidewalk will jog around these trees, reducing the landscape area next to the building to less than five (5') feet. Rather than the required ten (10') foot landscape area on the west side of the new buildings, only a seven (7') foot landscape area will be required. Developer's Agreement City of Winter Springs and Moss Road, LLC. Page 3 of6 (m) The code provisions for a landscape island for every ten (10) continuous parking spaces shall be complied with except in one instance (on the rear side of the existing building) which has twelve (12) continuous spaces. (n) A twenty-four (24) foot wide cross access easement along with a utility easement to the east adjacent undeveloped lot shall be provided on the plat. (0) Both the existing and the addition to the existing irrigation system will utilize reclaimed water. 4. Representations of the Parties. The City and Moss Road LLC hereby each represent and warrant to the other that it 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 the City and Moss Road LLC and recorded in the Puhlic Records of Seminole County. Florida, constitute a legal, valid and binding obligation enforceable against the parties hereto and the Property in accordance with the terms and conditions of this Agreement. Moss Road LLC represents that it has voluntarily and willfully executed this Agreement for purposes of binding the property to the terms and conditions set forth in this Agreement. 5. Successors and Assigns. This Agreement shall automatically be binding upon and s hall inure to the benefit of the City and Moss Road LLC and their respective successors and assigns. The terms and conditions of this Agreement similarly shall be binding upon the Property and shall run with title to the same. 6. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. 7. Amendments. This Agreement shall not be modified or amended except by written agreement duly executed by both parties hereto (or their successors or assigns) and approved by the City Commission. 8. Entire Agreement. This Agreement supersedes any other agreement, oral or written, and contains the entire agreement between the City and Moss Road LLC as to the subject matter hereof. 9 Severability. If any provision of this Agreement shall beheld 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. 10. Effective Date. This Agreement shall become effective upon approval by the City Commission and execution of this Agreement by both parties hereto. II. Recordation. This Agreement shall be recorded in the Public Records of Seminole County. Florida. 12. Relationship of the Parties. The relationship of the parties to this Agreement is contractual and Moss Road LLC is an independent contractor and not an agent of the City. Nothing 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. 13. Sovereign Immunity. Nothing contained in this Agreement shall be construed as a Developer's Agreement City of Winter Springs and Moss Road, LLC. Page 4 of6 waiver of the City's right to sovereign immunity under Section 768.28, Florida Statutes, or any other limitation on the City's potential liability under the state and federal law. 14. City's Police Power. Moss Road LLC 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. 15. Interpretation. The parties hereby agree and acknowledge that they have both participated equally in the drafting of this Agreement and no party shan be favored or disfavored regarding the interpretation to this Agreement in the event of a dispute between the parties. 16. Permits. The failure of this Agreement to address any particular City, county, state, and/or federal permit, condition, term, or restriction shan not relieve Moss Road LLC or the City of the necessity of complying with the law governing said permitting requirements, conditions, term, or restriction. 17. 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. 18. 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 may be obtained by a suit in equity. 19. Attorney's Fees. In connection with any arbitration or litigation arising out of this Agreement, the prevailing party shan be entitled to recover reasonable attorney's fees and costs through all appeals to the extent permitted by law. 20. 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 Moss Road LLC 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 for any building or unit if Moss Road LLC is III breach of any term and condition of this Agreement. Developer's Agreement City of Winter Springs and Moss Road, LLC. Page Sof6 .It"{'.'."'''''''') " IN WITNESS WHEREOF, the parties have hereunto i set their hands and seal on the date first above written. .-. ~ .;~.-- ,~...t':~,.t." ... ,.. CITY OF wjri~~ S~~gS ;: .... .-,~ .1'(...' .- .:~ c" , !-::: .J . .. .......... . . '\ \ \ \ 1\ " \, ,~~ t . ~ ' 1 I I "'(' . . ;"{'~' ') I,. t ~". '~"'I . I;. . ""," I \~;: ~ C' h') <.;"' ..... .: ~:;1 . . .- 1.<-1 : . ~ .."... '" ~.. ~... A TT~fT: , - B ~/ ".' ~., !, An ~o;enzo Luaces, City Cle~k l/ APPROVED AS TO FORM AND LEGALITY For the use and reliance of the City of Winter Springs, Florida, only. thony rganese, City A orney for the City of Winter Springs, Florida /"\ 14 MOSSRO ,LC" ,,'/""--;: · :J/~ BC/ . ""',. ~ Developer's Agreement City of Winter Springs and Moss Road, LLC. Page 60f6 WITNESSES: Q~mn~ft;~;v~ {lJ~Q 1~ n ~~ 1 (/ (J.JI ) lL_ Printed Name: t}'-,/~ m I E..L(!A1li!K. MIUIM ALBRECHT (I. CIIIMIIDD.... ~ ..... 121WJa ~ ~ IOIlllIeI "'" (I0O)43I.... "I\: FIondII NollIIy~. Inc Printed Name My Commission Expires..beL /t oS Developer's Agreement City of Winter Springs and Moss Road, Ltc. Page 7 of7 LEGAL DESCRIPll0N A parcel of land comprising portions of Lots 52 and 53, SIock "0", O.R. Mitchell's Survey of The Levy Grant on Lake Jessup, os recorded in Plot Book 1, Page 5, Public Records of Seminole County, F'lorida. Being more particularly described os follows: BEGIN ot the point of intersection of the Southerly right-or-way line of State Road No. 434 and the Easterly right-of-way line of Moss Road; thence run North 45'47'24" East along said Southerly right-or-way line of State Rood No. 434 for 0 distance of 13.94 feet; thence continuing along said Southerly rIght-or-way line run South 88'25'02" Eost for 0 distance of 540.17 feet to a point on the Easterly line of Porcel 2 of subject property per Official Records Book 4688, Page 1713 of aforesaid Public Records of Seminole County, Florida; thence deporting soid Southerly right-of-way line run South 00'00'07" Eost along said Easterly line for a distance of 260.10 feet; thence deporting said Easterly line run North 88'25'02" West for 0 distance of 200.03 feet; thence run North 00'01'20" West for a distance of 20.05 feet; thence run South 89"58'40" West for a distance of ~50.00 feet; thence run North 00'00'00" East for a distonce of 239.86 feet to aforesaid POINT OF BEGINNING. Contains 3.161 acreS more or less. ~ P-.. --_.....,.~~.'!:..-:..__...-.~..-~.~' , _...~:...M.....~.:.~--:--:~~., --......;.'.:....- Exhibit" A" BROWN, GARGANESE, WEISS & D'AGRESTA, P.A. Attorneys at Laav Usher L. Brown' Offices in Orlando, Kissimmee, Debra S. Babb-Nutcher'' Suzanne D'Agresta" Cocoa &Viera Joseph E. Glitch Anthony A. Garganese" C `, Victoria L. Cecil Jeffrey S. Weiss ~E~~,~E® Scott J. Dornstein Andrew M. Fisher Katherine W. Latorre 'Board Certified Civil Trial Lawyer J U l 1 R 9tln~ Amy J. Pitsch ''Board Certified City, County & Local Government Law GIN OF WINTER SPRINGS Erin J. O'Lea OFFICE OF THE CITY CLERK ry J. W. Taylor Of Counsel July 15, 2005 Andrea Lorenzo-Luaces, City Clerk City of Winter Springs 1126 East State Road 434 Winter Springs, Florida 32708 Re: Developer's Agreement /Moss Road, LLC. City of Winter Springs -General #1193 Dear Andrea: Enclosed please find the original recorded Developer's Agreement between Moss Road, LLC. and the City of Winter Springs. This original is being provided to your office for safekeeping. Should you have any questions, do not hesitate to call. Ve ly yours, Anthon A. Garganese City Attorney AAG/slb Enclosure 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 &Viera (866) 425-9566 Website: www.orlandolaw.net • Email: firm@orlandolaw.net MARYANNE MORSE CLERK DF CDURT, SEMINDLE COUNTY 3G1 NORTH PARK AUE SANFDRD, FL 32771 4C~7-665-4411 DATE:06/29/20O5 TIME:09:22:45 AM RECEIPT:324618 HROWN GARGANESE WEI55 DAGRESTA ITEM -01 AGR 09:22:45 AM FILE:2045108018 HK/PG:5787/1180 RECORDING FEE b9.50 Sub. Total b9.50 ------------------------ AMOUNT DUE: 3b9.54 PAID CHECK: fb9.50 Check q:19163 569.50 TOTAL PAID: fb9.50 REC $Y:TNOLDEN DEPUTY CLERK Have a Nice Day