HomeMy WebLinkAbout2006 04 24 Public Hearing Item 201.2 Lifeway Homes Final
COMMISSION AGENDA
ITEM 201.2
Consent
Informational
Public Hearing
Regular
April 24, 2006
Meeting
MGR./DEPT
Authorization
REQUEST: The Community Development Department- Planning Division requests the City
Commission consider and approve the Final Engineering/Site Plan and Development Agreement for
Lifeway Homes corporate offices on Lots 2 & 3 of the Tuskawilla Office Park located on the west
side of Tuskawilla Rd in the Town Center.
PURPOSE: The purpose of this Agenda Item is to request that the Commission approve the Final
Engineering/Site Plan for Lots 2 & 3 in the Tuskawilla Office Park, since it is a substantial change to
the previously approved site and engineering plans for Tuskawilla Office Park.
APPLICABLE REGULATIONS:
Section 166.021, Florida Statutes.
Chapter 9, Land Development.
Town Center District Code.
Development Agreement
Modification to the Development Agreement
CHRONOLOGY:
Feb. 11, 2002- Final Engineering and Subdivision Plan Approved for the Tuskawilla Office Park
Feb. 28, 2002- Development Agreement executed between the City and Tuskawilla Office Park, LLC
July 8, 2002- Final Plat for Tuskawilla Office Park Approved by the City Commission
May 12, 2003- Modification to the Development Agreement Approved by the City Commission related to the
entrance features and associated signage.
April 24, 2006- Aesthetic Review to be considered for Approval by Commission
CONSIDERATIONS:
The applicant proposes a 10,798 SF two-story professional office building on two existing lots in the
Tuskawilla Office Park on the south side ofthe entrance, along Tuskawilla Rd. (Two-story buildings
are required along Tuskawilla Rd. according to the Tuskawilla Office Park Development Agreement.)
The proposed building will face Tuskawilla Rd. and will connect to the public sidewalk. An
additional entrance will be at the "back". Visually, the building will appear to have two fronts.
April 24, 2006
AGENDA ITEM 201.2
Page 2 of 3
The existing site is already cleared of trees and is stubbed with utilities. Stormwater was previously
master planned for the entire office park.
There is single vehicular access to the office park. Access to the site will be internal to the office
park. The applicant is providing thirteen (13) on-site parking spaces. Four (4) existing spaces
adjacent to the site in the commonly owned parking lot will be lost due to the location of the driveway
this parking area, thus providing a net gain of nine (9) spaces.
A 6' - 7" stucco wall is proposed along Tuskawilla Road to hide the parking area and to retain the
urban street character required in the Town Center. Between the proposed parking lot and the
adjacent building, the wall will step down to 4' -9" to screen the cars which face toward the adjacent
building which is only five (5) feet from the property line.
The proposed building and parking area varies from the requirements of the Town Center Code as
indicated below and as addressed in the attached proposed Development Agreement. Dover-Kohl
supports the exceptions.
Section 20-327(b)1 Architectural Guidelines.
The Code allows a 4-foot (maximum height) Garden Wall as a screen. The proposed Garden Wall
is between 6' and 7' tall to screen views of parked cars. The intent is that the wall feel like an
extension of the building while screening the cars while adding to the urban character and is
supported by Dover-Kohl's office;
Section 20-325 (10)a Squares, parks and street types. Town Center Street. Building Placement.
Buildings along the Town Center Street are to be spaced a maximum of 35' apart. The use of the
screening wall with additional height will act as an extension to the building and will help to fill the
gap between the buildings and to provide more of an urban feel. There is 53' between the proposed
building and the building immediately to the north;
Section 20-327 (10)c General Provisions.
The Code states that the off street parking lots shall be set back 50' from the property line along the
main street. The parking lot is directly behind the screening wall, mentioned above;
Section 20-324 (10)e General Provisions.
The Code requires that no more than six (6) consecutive parking stalls without a landscape island.
The applicant is proposing eight (8) consecutive spaces without any islands in order to accommodate
additional needed parking; and
Lots 2 & 3 will be joined by a unity of title or other legal instrument deemed acceptable by the City
Attorney, after such time as the Applicant acquires the property.
FINDINGS:
The proposed final engineering/site plan is consistent with (1) the existing Tuskawilla Office Park
Development Agreements, (2) City Code, (3) Town Center Code (except for exceptions which are
addressed in the attached Development Agreement), and (4) the Comprehensive Plan.
The Tuskawilla Office Park Architectural Review Board has reviewed the Final Site Plan and
April 24, 2006
AGENDA ITEM 201.2
Page 3 of 3
Engineering for Lots 2 & 3 of the Tuskawilla Office Park and specifically approves the scheme of
ingress/egress and parking in the Plan, the building size and location, and all other aspects set forth in
the Plan (see Attachment D).
STAFF RECOMMENDATION:
Staff has reviewed the Final Site Plan and Engineering for Lot 2 & 3 of the Tuskawilla Office Park for
compliance with applicable sections ofthe City Code and recommends approval subject to approval
of the associated Development Agreement.
ATTACHMENTS:
A. Tuskawilla Office Park (TOP) Development Agreement of Feb. 28,2002
B. Geometry Plan from TOP Approved Final Engineering/Subdivision Plans
C. Page 2 of Recorded TOP Plat
D. Letter from TOP Architectural Review Board
E. Proposed Development Agreement (to be provided under separate cover later in the week)
F. Final Site Plan and Engineering
COMMISSION ACTION:
ATTACHMENT A .
Prepared by and Return 10:
Anthony A. Garganese, City Attorney
Brown, Ward, Salzman & Weiss, P.A.
225 E. Robinson Street, Suite 660
P.O. Box 2873
Orlando, Fl 32802.2873
PARCEL 1.0. NO. 01.21.30.501-0000..0550
BINDING DEVELOPMENT AGREEMENT
THIS BINDING DEVELOPMENT AGREEMENT, made and executed this 28th day
of February, 2002, by and between the CITY OF WINTER SPRINGS, a Florida municipal
corporation ("City") whose address is 1126 East State Road 434, Winter Springs, FL 32708, and
TUSKAWILLA OFFICE PARK, L.L.c., a Florida corporation ("TOP"), whose address is 800
Westwood Square, Suite E, Oviedo, FL 32765.
WITNESSETH:
WHEREAS, TOP is constructing an office park development on real property located within
the City of Winter Springs, Florida; and
WHEREAS, the real property is currently located within the City of Winter Springs and is
currently part of the Winter Springs Town Center; and
WHEREAS, the parties desire to memorialize their mutual understanding that the real
property will be developed as TUSKA WILLA OFFICE PARK DEVELOPMENT project in
accordance with the Town Center Zoning District requirements adopted by the City, (the "Project");
and
WHEREAS, the City Commission has recommended entering into a Binding Development
Agreement, ("Agreement"), with TOP for the development of the Project; and
WHEREAS, in addition to TOP's compliance with all City Codes, permitting and
construction not in conflict herein, the City and TOP desire to set forth the following special terms
and conditions.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties mutually agree as follows:
Section 1.
Recitals. The foregoing recitals are hereby incorporated herein by this
reference.
Section 2.
Authority. This Agreement is entered into pursuant to the Florida Municipal
Home Rule Powers Act.
Section 3.
Subiect Property. The real property ("Property") which is the subject to, and
bound by, the terms and conditions of this Agreement is legally described on Exhibit "A" attached
hereto and made a part hereof by reference.
Section 4.
Representations of TOP. TOP hereby represents and warrants to City that
TOP 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 TOP and recorded in
the public records of Seminole County, Florida, constitute a legal, valid and binding obligation
enforceable against TOP and the Property in accordance with the terms and conditions of this
Agreement. TOP represents it has voluntarily and willfully executed this Agreement for purposes of
binding the Property to the terms and conditions set forth in this Agreement.
-2-
Section 5.
TOP's Obligations and Commitments. In consideration of the City entering
into this Agreement with TOP, TOP voluntarily agrees as follows:
(a) Office Structures. All office structures located on and fronting the Tuskawilla Road
(Lots 1-4) shall be two (2) stories in height. All other office structures may be either
one (1) or two (2) stories in height, however, TOP understands the City prefers two
(2) stories pursuant to the Town Center District Code.
(b) Fencing. Vinyl picket fencing four (4) feet in height shall be installed fifteen feet (15')
from the north property line behind Lots 4-11 and in compliance with all City Code
requirements. The design of said fence shall be acceptable to the City.
(c) Wetland Buffer. In consideration of the peculiar site constraints, the property will be
developed with a fifteen-foot (IS') wetland vegetative buffer provided said buffer is
permitted by the St. Johns River Water Management District and approved by the
City Commission in accordance with the City's Comprehensive Plan.
(d) Wall Buffer. A six (6') foot high brick wall shall be constructed along the south
property line (Oak Forrest Subdivision) from Tuskawilla Road to the west end ofthe
detention pond. Said wall shall be fully constructed prior to the first building permit
being issued for the office structures except a building permit may be issued for, and
an office structure constructed on, Lot 4 simultaneously with the construction of the
\Vall.
-3-
(e) Dumpster Pad. No Dumpster Pad shall be located along the south (Oak Forrest
Subdivision) or State Road 434 property lines. A Dumpster Pad shall be located near
Lot 4.
(t) Lighting. All exterior lighting on the Property will be directed inward towards the
Property, so as to minimize or eliminate the effects of glare on the adjacent residential
property, particularly the Oak Forrest Subdivision.
(g) Additional Tree ButTer. TOP acknowledges that due to site restrictions on the
Property, there are several landscape gaps depicted on the Landscape Plan along the
south boundary where no oak trees can be planted on the Property ("Landscape
Gap"). In order to fill in the Landscape Gaps with oak trees, TOP agrees to offer the
Oak Forrest Subdivision lot owners located adjacent to the south side of the wall and
a Landscape Gap, an opportunity to have installed, on their lot, at TOP's expense, a
3-4" caliper oak tree(s) with a height of at least 6-8 feet. Said oak trees shall be
installed in addition to the landscaping required on the Landscape Plan and prior to
the completion of the wall at a spacing distance of 45 feet, unless a lot owner states
in writing that they do not desire a tree(s) in which case the spacing distance may be
greater to accommodate that lot owner's desire not to have a tree. Any tree planted
pursuant to this subparagraph (g) shall be counted for purposes of satisfying TOP's
Tree Replacement requirements. TOP shall also require the nursery providing the oak
trees to provide each lot owner with the nursery's standard tree warranty.
-4-
(h) Parks. A land area west of Lots 1-3 shall be developed as a passive park including
paved walkways, park benches, street lighting, and landscaping material suitable to
the City and consistent with the Town Center design theme of the Project. Final
details shall be subject to the City Manager's approval.
(i) Arbor Ordinance Requirement.
(A) In consideration of trees which shall be cut, removed or destroyed from the
property by TOP or its agent, TOP shall replace trees or monetarily compensate the City as
provided in the Arbor Ordinance according to the Tree Replacement Assessment established
by the City. TOP may deduct from their Tree Replacement Assessment, Tree Replacement
credits based on the number of replacement credits as provided in the Preferred Plant List,
provided that:
(i) All plant materials are Florida Grades and Standard One (1) or better; and
(ii) All plant materials are properly installed; maintained and replaced as deemed
necessary under the City's Arbor Ordinance.
(iii) Tree removal inspection fee to be capped at $200.00 for all trees to be
removed on the Property.
(iv) The landscape plan for the proposed development to which the credits are to
be applied is prepared by a landscape architect licensed by the State of
Florida.
(B) For purposes of this Section 5, the following words shall have the meaning
ascribed below unless the context clearly indicates otherwise:
-5-
(i) "City Arbor Ordinance." City Arbor Ordinance shall mean Chapter 5 of the
City Code of Ordinances otherwise known as the city Arbor Ordinance.
(ii) "Preferred Plant List." Preferred Plant List shall mean that list of plant
materials and corresponding Tree Replacement Credits shown in Exhibit "B"
of this Agreement.
(iii) "Tree Replacement Assessment." Tree Replacement Assessment shall mean
the total amount of monetary compensation owed to the City of Winter
Springs as provided in the Arbor Ordinance for the replacement of trees cut,
destroyed, or removed from a property in the City as a result of development
or redevelopment.
(iv) Tree Replacement Credit. Tree Replacement Credit shall be equal to One
Hundred Dollars ($100.00) and no cents in tree replacement value.
Additionally, TOP agrees to install and maintain in a first class condition
landscaping on the Property in accordance with the Landscape Plan attached
hereto as Exhibit "C," which is hereby fully incorporated herein by this
reference. TOP shall promptly replace dead trees and shrubs to a condition
equal to or better than required by the Landscape Plan.
0) Setbacks. Building front set back shall be 0-10 feet, side set back shall be 0-10 feet
and rear set back shall be 0-10 feet.
Section 7.
Successors 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.
-6-
Section 8.
Applicable Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Florida.
Section 9.
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.
Section 10. Entire Agreement. This Agreement supersedes any other agreement, oral or
written, and contains the entire agreement between the City and TOP as to the subject matter hereof
Section 11.
Severability. Ifany 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.
Section ] 2. 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.
Section 13. Recordation. This Agreement shall be recorded in the public records of
Seminole County, Florida, and shall run with the land.
Section ]4. Relationship of the Parties. The relationship of the parties to this Agreement
is contractual and TOP 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.
Section 15.
Sovereign Immunity. 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 any
other limitation on the City's potential liability under state and federal law.
-7-
Section 16. City's Police Power. TOP 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.
Section 17.
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.
Section 18.
Permits. The failure of this Agreement to address any particular City, county,
state, and federal permit, condition, term, or restriction shall not relieve TOP or the City of the
necessity of complying with the law governing said permitting requirements, conditions, term, or
restriction.
Section 19. 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.
Section 20.
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 suit in equity.
Section 21. 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.
Section 22.
Future RezoningslDevelopment Permits. Nothing herein shall limit the City's
authority to grant or deny any future rezoning or development permit applications or requests
-8-
subsequent to the effective date of this Agreement. In addition, nothing herein shall be construed as
granting or creating a vested property right or interest in TOP or on the Property.
IN WITNESS WHEREOF the parties have hereunto set their hands and seal on the date first
above written.
Signed, sealed and delivered
in the presence of'
(Print Name of Witness)
TUSKA WILLA OFFICE PARK, L.L.C
a Florida Corporation
By:
CITY OF \\'INTERSPRINGS,
a Florida Municipal Corporation,
PAUL. PARTYKA,.MAYOR
ANDREA LORENZO-LUACES
City Clerk
By:
NOTARIAL ACKNOWLEDGMENT
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this 28 day of February, 2002,
by SANRDABIERL Y, as Attorney in Fact for William Barrett, as the President of TUSKAWlLLA
OFFICE PARK, L.L.C.., a Florida corporation, who is personally known to me, or 14 who has
produced FL Drivers License as identification.
SUSAN SANDRIDGE
(SEAL)
-9-
EXHIBIT "A"
The real property ("Property") which is the subject to, and bound by, the terms and conditions of this
Agreement is legally described on Exhibit "A" attached hereto and made a part hereofby reference.
Legal description:
THAT PORTION OF LOTS 53,54,55,58,59,62,63 AND THOSE UNlMPROVEDRIGHT-OF-WAYS LYING BETWEEN
LOTS 55 AND 58, LOTS 59 AND 62 AND THE NORTH 1/2 OF THAT 30' VACATED RlGHTOFWAY LYING
SOUTHERL YOF LOTS 55, 58, 59, 62 AND 63, D.R. MITCHELL'S SURVEY OF THE LEVY GRANT, ACCORDING
TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 5 OF THE PUBLIC RECORDS OF SEMINOLE COUNTY,
FLORIDA; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF THE AFOREMENTIONED LOT 63; THENCE RUN SOUTH 87002' 40"
EAST, ALONG THE SOUTH LINE OF LOT 63, A DISTANCE OF 62.14 FEET TO THE POINT OF BEGINNING; THENCE
DEP ARTINGSAID SOUTH LINE RUN SOUTH 02057'20"WEST, A DIST ANCEOF 15.00 FEETTOTIIE
CENTERLINE OF A 30' UNIMPROVED RlGHTOFWAY VACATED IN OFFICIAL RECORDS BOOK
4112, PAGE 0597 OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA; THENCE RUN
SOUTH 87002'40" EAST ALONG SAID CENTERLINE A DISTANCE OF 1129.20 FEET TO THE
WESTERLY RIGHT -OF-WAY OF TUSKA WILLA ROAD AS DESCRIBED IN OFFrCIAL RECORDS BOOK 3603, PAGE
1095 OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA; SAID POINT LYING ON A CURVE CONCAVE
NORTHWESTERL Y HA VlNG THE FOLLOWING ELEMENTS: A RADIUS OF 5677.58 FEET, A CENTRAL ANGLE OF
03042 '36", A CHORD LENGTH OF 367.57 FEET AND A CHORD BEARING OF NORTH 12013 '06" EAST; THENCE
FROM A TANGENT BEARlNG OF NORTH 14004'24"EAST,RUNNORTHEASTERLY ALONG SAID RIGHT OF WAY AND
THE ARC OF SAID CURVE A DISTANCE OF 367.64 FEET TO THE POINT OF REVERSE CURVATURE OF A CURVE
CONCA VE SOUTHEASTERL Y HA VlNG THE FOLLOWING ELEMENTS: A RADIUS OF 5781.58 FEET, A CENTRAL ANGLE
OFOIOI2'46",ACHORDLENGTHOF 122.38FEET AND A CHORD BEARING OF NORTH 10058' II"EAST; THENCE
RUN NORTHEASTERL Y ALONG THE ARC OF SAID CURVE A DISTANCE OF 122.38 FEET; THENCE DEPARTING SAID
CURVE AND RIGHT OFWA Y LINE RUN SOUTH 20020'33"WEST, A DISTANCE OF 64.52 FEET; THENCE RUN SOUTH
45038 '29"WEST, A DISTANCE OF 59.63 FEET; THENCE RUN SOUTH 71 030'38"WEST,ADISTANCEOF48.60FEET;
THENCE RUN NORTH 75028'56" WEST, A DISTANCE OF 27.98 FEET; THENCE RUN NORTH 54016'32" WEST, A
DISTANCE OF 44.31 FEET; THENCE RUN SOUTH 44013'12" WEST, A DISTANCE OF 18.82 FEET; THENCE RUN
SOUTH 51 01 8'33" WEST, A DISTANCE OF 345.75 FEET; THENCE RUN SOUTH 86031 '22" WEST, A DISTANCE OF
82.36 FEET; THENCE RUN NORTH 62037' 17"WEST, ADISTANCEOF63.47 FEET; THENCE RUN SOUTH 76027'47"
WEST, A DISTANCE OF 62.38 FEET; THENCE RUN NORTH 84034' 12"WEST, A DISTANCE OF 83.22 FEET; THENCE
RUN SOUTH 76044'49" WEST A DISTANCE OF 45.06 FEET; THENCE RUN NORTH 81018'28"WEST, A DISTANCE
OF 49.25 FEET; THENCE RUN SOUTH 85001 '56"WEST, A DISTANCE OF 48.02 FEET, THENCE RUN SOUTH
52042 '0 1 " WEST, A DISTANCE OF 67.33 FEET, THENCE RUN SOUTH 800 17'21 " WEST, A DISTANCE OF 52.69 FEET;
THENCE RUN SOUTH 03027'55" WEST, A DISTANCE OF 23.12 FEET; THENCE RUN SOUTH 69034'23" WEST, A
DISTANCE OF 95.27 FEET; THENCE RUN NORTH 82016'34" WEST, A DISTANCE OF 77.56 FEET; THENCE RUN
SOUTH 84055'50" WEST, A DISTANCE OF 75.60 FEET TO THE POINT OF BEGINNING.
CONTAINING: 199,036 SQUARE FEET (4.569 ACRES) +/-
K:rrSWIJI/LEGAL DESCRIPTION. DOC
REV 8/6/0 1 JEM
-1-
EXHIBIT "B"
JUL-28-2001
CREDIT AVERAGE CREDIT NET
TREE OR LARGE SHRUB NAME SIZE RATIO COST VALUE GAIN
y.,pori Hally Mu1~",nk ;15-30 011.,0' 2.' $ 00.00 S 200.00 $ 110.00
S1mpiOft 8lO1JP8r :l~3O oal..6' 2.' S 00.00 S 200.00 S 110.00
p~V DIM PIlm, dbl. 30 Oil.. 4' Sol S 1025,00 , JOO.DO . 1'75.00
llUuloPlnOO Palm 30011.,5' Sol S 100.00 $ 300.00 $ 115.00
!Ul'Opun "Ill Palm 30 IJIIl. 4' ~1 $ 150.00 $ 300.00 , 175.00
.cnlt1.. Fan Palm 30 gal., 5' 3-1 S 100.00. S 300.00 S 1'75.00
canlry laland Dille P.lm 30 gal.. 6' 3-1 S 100.00 S 300.00 S 175.00
Oata Pllm. P. d.ctvl~1I 30 OIl., 4' 3.1 S 100.00 S 300.00 S 175.00
Windmill Palm 30011.,0' 3-1 S 150.00 S 300.00 $ 150.00
SoIoo 30 0".. 3' ).1 S 150.00 S 300,00 , , 50.00
UIIII 101m Mag/lOIi. :l5-300.U' ~1 S 100.00 S 300.00 S 200.00
R.d BUCl 25030 gll..6' :5-1 S lUOO S 300.00 $ , 75.00
Catdin.IHOliy 150300"1,,6' 3-1 S 125.00 S 300.00 $ 175.00
Fali... Holy 2:>-300.1.,6' 3.1 $ 125.00 $ 300.00 S 175.00
Robin HollY 2:5-30 gIIl.,G' 3-1 S 128.00 S 300.00 , 171.00
OotIU..' Hally 25-30 gal.,O' 3-1 S 125.00 S 800.00 5 115,00
$paltan Junlpet' 25-30 OIL,O' 3-1 S 115.00 $ 300,00 $ 185.00
Tarulosa Juniper 2s.30 oal..8' 2-1 $ 00.00 S 200.00 $ '10.00
Fla....l1nO Do;wOIlll 25-30 011,,8' 3-1 $ 12UO S 3110.00 S 175.00
eam.nl. 25--30 011.,5' $-1 S 146,00 $ 3110.00 S 155.00
JlPlllne Blu....rry 25.30 1;11.,8' 3-1 S 120.00 S 300.00 S 180.00
LobloUy &.y 25-30 gal..O' 02-1 S so.oO . 200.00 S 110.00
Uprtghl Vlupon Holly 150~1..0' 2-1 $ 80.00 $ 200.00 $ 110.00
WHping Vlupon HollY 2~.30 ;al.." ),1 S 100.00 , 300.00 $ 200.00
l.lnpctllllm &landii'd 15011.. 5' ),1 S 100,00 $ 300.00 I 200.00
ChlcklA'" Plllm 25'11.,'" 2-1 S 95.00 S 100.00 . 105.00
~ Anr.kftYI 15~11., 5' 2,' S Sc).DO . 200,00 $ 150.00
MyIlle Oak 159011., ~' ,,- I 58.00 C 200.00 , 1 t;n 011
.,
crat"ll~ 15 Oil" 5' 2,' $ ~.OO $ 200.00 S 1~.00
Fringe T," 1Sgal., S' 2.1 $ SO.OO I 2DD.00 S 150,00
T.btbull 3D 911..8' 2.1 $ 75.00 I 2GO.00 S 125.00
8IIuhlnla llllplnll 10;a1.,5' 2.\ S 60.00 S 200.00 S 1SO,OO
sweetIT'.. 05". 15gl/..8' 2.' I SO.OO $ 200.00 , 150,00
UOUSINm standard 45 g~I..5-10' IH $ 300.00 S 500.00 $ 200.00
ell'" MYrtle &lInl1ltll 45011.,8-10' 5-1 $ 3SO.OO , 500.00 S 150.00
YlIUllOI1l'4olly S1It1danl . 25-30 011..0' $-1 S 'DO,OO S 300.00 $ ZOO.OO
WIllel"5 VIburnum $lIPdlrd 25--30 gll.,8' Sol S 100.00 , 100.00 $ :lDO.oo
Ne4ICllt "11m 2$-30 gal.,s' 4-1 $ 200.00 S 400,00 S 200.00
'PwIl1Y 0a1I Palm,trlple 30 gal., 4' )..1 $ 1$0.00 S 300,00 S , 50.00
euue.P;ndD Palm 65 gal., 8' 4-1 S 200.00 S .00.00 S 200.00
l!ulOpeall Fell PIlm a, gal.. S' 5-1 S 250.00 $ 500.00 S 250.00
Chlnete Fan Film as gll. 8' 5-1 S 250.00 500.00 $ 250.00
CattIlY I1llnd Cc. Palm 05011.,8' 5-1 S 250.00 500,00 $ 250.00
Oat. Palm, P. daQyllfel'll as gll.. 5' 5-1 $ 250.00 500.00 $ 250.00
WlndmUl Palm e.s Sal.. .. 5-1 S 300.00 500.00 S 200.00
Sago 65llo1l..4' 5-1 . :il50.00 SOO.OO S 260.00
UlIl. ..1m MlI!lnoua as oal.. e' 5-1 s 2JO.OO 500,00 S 250.00
SJIaIlan JunIper 65 glL, II' 6-1 S 25Q.00 500.00 S ~.OO
T olllloM JIInJper IlS all., " 5-1 S 250.00 SOO.OO S 250.00
DI'-1 Holly 65 gll..10'lC4'lr2' 5., $ 225.00 SOO.OO . 275.00
Uve Oak 65 gll..14'''''II3' 5., S 300.00 500.00 S 200.00
W1~!1rn ~5 Q81..12'xS'X2112 ..., $ 225,00 400,00 S 175.00
Red Maple 65 OIl., 'Z'l!S'1l211Z 4-1 S 225.00 400,00 $ 175.00
TOTIlI.. p.e9
.. "&-""",,--.wIt "":'" 40" 327 4153 P.IlS
TOT't. P.\lI3
-11-
ATTACHMENT B
ATTACHMENT C
TUSKAWILLA OFFICE PARK
ATTACHMENT 0
Written Notice of ARB Action
The undersigned, being the members of the Architectural Review Board for Tuscawilla
Office Park, as established pursuant to the terms of that certain Declaration of Protective Covenants
and Restrictions recorded in. Official Records Book 4687, Page 1847, of the Public Records of
Seminole County, Florida (the "Declaration"), hereby certify as follows:
1. The ARB has reviewed the certain site plans and building plans for the improvement
known as Office Builder for Lifeway Homes under plans identified as
Tuscawilla Office Building(the "Plan") for Lots 2 and 3 of
Tuscawilla Office Park for Lifeway Homes.
2.This action constitutes the Record of Approval of the ARB pursuant to Article V of
the Declaration including, without limitation, the Planning Criteria set forth in Article
V, Section 4.
3.The ARB specifically approves the scheme of ingress/egress and parking established
in the Plan for 1018.2 and 3, the building size and location and all other aspects set
forth of the Plan.
Print name:
Print name:
TUSKAWILLA OFFICE PARK
SITE GRADING & DRAINAGE PLAN
SITE GEOMETRY & UTILITY PLAN
TUSKAWILLA OFFICE PARK
TUSKAWILLA ROAD
TUSKAWILLA ROAD
DEVELOPMENT
AGREEMENT
for
ITEM 201.2
[Final Engineering/Site Plan and Development Agreement for Lifeway Homes corporate offices
on Lots 2 & 3 of the Tuskawilla Office Park located on the west side of Tuskawilla Rd in the
Town Center]
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
BINDING DEVELOPMENT AGREEMENT
THIS BINDING DEVELOPMENT AGREEMENT, 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
LMB VENTURES, LLC, a Florida limited liability company ("LMB") whose address is 255
W oodridge Drive, Geneva, Florida 32732.
WITNESSETH
WHEREAS, LMB is the contract purchaser of Lots 2 and 3 of the Tuskawilla Office Park
development located within the City of Winter Springs, Florida, more particularly described herein;
and
WHEREAS, LMB intends to develop Lots 2 and 3 to include a single structure and parking
area consistent with the design and standards of the Tuskawilla Office Park development; and
WHEREAS, the City and LMB desire to memorialize in writing their mutual understanding
regarding certain aspects ofthe development of Lots 2 and 3 under the terms and conditions set forth
in this Binding Development Agreement ("Agreement"); and
WHEREAS, in addition to LMB's compliance with all City Codes, permitting and
construction not in conflict herein, the City and LMB 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 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.
BINDING DEVELOPMENT AGREEMENT
CITY OF WINTER SPRINGS / LMB VENTURES, LLC
PAGE 1 OF 6
3.0 Subject Property. The real property ("Subject Property") which is subject to, and
bound by, the terms and conditions of this Agreement is legally described as follows:
Lots 2 and 3, TUSKA WILLA OFFICE PARK, according to the
Plat thereof, as recorded in Plat Book 60, Pages 93 and 94, of the
Public Records of Seminole County, Florida."
4.0 Representations of LMB. LMB hereby represents and warrants to the City that
LMB 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
LMB and recorded in the public records of Seminole County, Florida, constitute a legal,
valid and binding obligation enforceable against LMB and the Subject Property in
accordance with the terms and conditions of this Agreement. LMB 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.
5.0 Town Center Code Waivers. Based upon LMB's agreement to the terms and
conditions set forth in this Agreement, the City hereby grants the following waivers to the
Town Center District Code pursuant to the special exception criteria enumerated in section
20-321(c), Winter Springs City Code:
5.1 Garden Wall. LMB shall provide a garden wall around the eastern and
southern boundaries of the parking area located on Lot 2. Such garden wall shall act
to screen the paved parking area from Tuskawilla Road and from the adjacent
structure to the south of Lot 2. The garden wall shall be permitted according to the
final engineering drawings on file with the City and approved by the City
Commission.
5.2 Off-Street Surface Parking Lot Placement. Off-street surface parking shall
be located directly behind the garden wall required by subparagraph 5.1. The off-
street parking area shall be permitted to encroach into the fifty foot (50') setback
required by section 20-324(10)(c), Winter Springs City Code.
5.3 Parking Lot Landscape Requirements. In consideration oflimited parking
for access to Lots 2 and 3, eight (8) consecutive parking stalls shall be permitted
without providing a landscape island.
5.4 Building Placement. Given the location of the off-street surface parking area,
and taking into consideration that Lots 2 and 3 are required by paragraph 6.0 to be
unified in title as one lot for development purposes, the space between the structure
to be constructed on Lots 2 and 3 and the adjacent structure to the south is permitted
BINDING DEVELOPMENT AGREEMENT
CITY OF WINTER SPRINGS / LMB VENTURES, LLC
PAGE 2 0F 6
to be a maximum of fifty-five feet (55').
6.0 Unification of Title. LMB shall, within ninety (90) days of execution of this
Agreement, unify title to Lots 2 and 3 as one lot for development purposes. Such unification
shall be subject to the approval of the City Commission and shall be recorded in the
Seminole County Official Records.
7.0 Successors and Assi2ns. 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 LMB 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, execution of this Agreement by both parties and upon
fmal sale of the Subject Property to LMB.
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 LMB 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.
15.0 Sovereign Immunity. 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,
whereby the City shall not be liable, under this Agreement, for punitive damages or interest
for the period before judgment nor shall the City be liable, under this Agreement, to anyone
person for more than $100,000 for any claim or judgment or more than $200,000 for any
claim or judgment arising out of the same incident or occurrence. Furthermore, should any
BINDING DEVELOPMENT AGREEMENT
CITY OF WINTER SPRINGS / LMB VENTURES, LLC
PAGE 3 0F 6
other limitation be imposed on the City's potential liability under state or federal law, the
limitation that imposes the least amount of liability on the City shall apply as if said
limitation is a material part of this Agreement.
16.0 City's Police Power. LMB 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 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 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 ofthis
Agreement. The failure of this Agreement to address any particular City, County, State
and/or Federal permit, condition, term or restriction shall not relieve LMB or the City ofthe
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 LMB is in breach of any term or condition of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Binding Development Agreement
as of the date first written above.
[EXECUTION PAGES FOLLOW]
BINDING DEVELOPMENT AGREEMENT
CITY OF WINTER SPRINGS / LMB VENTURES, LLC
PAGE 4 0F 6
ATTEST:
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
CITY OF WINTER SPRINGS,
a Florida municipal corporation.
JOHN F. BUSH,
Mayor
BINDING DEVELOPMENT AGREEMENT
CITY OF WINTER SPRINGS / LMB VENTURES, LLC
PAGE 5 0F 6
WITNESSES:
LMB VENTURES, LLC,
a Florida limited liability company.
Print Name:
Kenneth L. White, Manager
Print Name:
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this day of
2006, by Kenneth L. White, as Manager of LMB Ventures, LLC, a Florida limited liability
company, [ ] who is personally known to me or [ ] who has produced
as identification.
NOTARY PUBLIC, State of Florida
My commission expires:
BINDING DEVELOPMENT AGREEMENT
CITY OF WINTER SPRINGS / LMB VENTURES, LLC
PAGE 6 0F 6
INMN~N~N~NNMMM~NNNNINrN~IN>I
MIAiIYAPN~E I~ CLEAR ~' CIIECt1IT i~l'T
9E11ItEll.E Cf]IMfY
Prepared by and Return to: ~ ~'~ Pqs 003A - 3S; t6pAs)
GL E RK' S ~ zK1t1f~] t1~76~
Katherine W. Latorre, Esq. 06/P7~~'006 ~_~_~ ~
Winter Springs Assistant City Attorney INB ~~ `$'~
Brown, Garganese, Weiss & D'Agresta, P.A. ~1 BY t hsldea
P.O. Box 2873
Orlando, FL 32802-2873
(407) 425-9566
BINDING DEVELOPMENT AGREEMENT
ST"
THIS BINDING DEVELOPMENT AGREEMENT, made and executed this day
of ~ , 2006, by and between the CITY OF WINTER SPRINGS, a Florida municipal
corporati n ("City") whose address is 1126 East State Road 434, Winter Springs, Florida 32708, and
LMB VENTURES, LLC, a Florida limited liability company ("LMB") whose address is 255
Woodridge Drive, Geneva, Florida 32732.
WITNESSETH
WHEREAS, LMB is the contract purchaser of Lots 2 and 3 of the Tuskawilla Office Park
development located within the City of Winter Springs, Florida, more particularly described herein;
and
WHEREAS, LMB intends to develop Lots 2 and 3 to include a single structure and parking
area consistent with the design and standards of the Tuskawilla Office Park development; and
WHEREAS, the City and LMB desire to memorialize in writing their mutual understanding
regarding certain aspects of the development of Lots 2 and 3 under the terms and conditions set forth
in this Binding Development Agreement ("Agreement"); and
WHEREAS, in addition to LMB's compliance with all City Codes, permitting and
construction not in conflict herein, the City and LMB 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 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.
BINDING DEVELOPMENT AGREEMENT
CITY OF WINTER SPRINGS /LMB VENTURES, LLC
PAGE I OF 6
3.0 Subj ect Property. The real property ("Subj ect Property") which is Subj ect to, and
bound by, the terms and conditions of this Agreement is legally described as follows:
Lots 2 and 3, TUSKAWILLA OFFICE PARK, according to the
Plat thereof, as recorded in Plat Book 60, Pages 93 and 94, of the
Public Records of Seminole County, Florida.
4.0 Representations of LMB. LMB hereby represents and warrants to the City that
LMB 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
LMB and recorded in the public records of Seminole County, Florida, constitute a legal,
valid and binding obligation enforceable against LMB and the Subject Property in
accordance with the terms and conditions of this Agreement. LMB 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.
5.0 Town Center Code Waivers. Based upon LMB's agreement to the terms and
conditions set forth in this Agreement, the City hereby grants the following waivers to the
Town Center District Code pursuant to the special exception criteria enumerated in section
20-321(c), Winter Springs City Code:
5.1 Garden Wall. LMB shall provide a garden wall around the eastern and
southern boundaries of the parking area located on Lot 2. Such garden wall shall act
to screen the paved parking area from Tuskawilla Road and from the adjacent
structure to the south of Lot 2. The garden wall shall be permitted according to the
final engineering drawings on file with the City and approved by the City
Commission.
5.2 Off-Street Surface Parking Lot Placement. Off-street surface parking shall
be located directly behind the garden wall required by subparagraph 5.1. The off-
street parking area shall be permitted to encroach into the fifty foot (50') setback
required by section 20-324(10)(c), Winter Springs City Code.
5.3 Parking Lot Landscape Requirements. In consideration of limited parking
for access to Lots 2 and 3, eight (8) consecutive parking stalls shall be permitted
without providing a landscape island.
5.4 Building Placement. Given the location of the off-street surface parking area,
and taking into consideration that Lots 2 and 3 are required by paragraph 6.0 to be
unified in title as one lot for development purposes, the space between the structure
to be constructed on Lots 2 and 3 and the adjacent structure to the south is permitted
BINDING DEVELOPMENT AGREEMENT
CITY OF WINTER SPRINGS /LMB VENTURES, LLC
PAGE 2 OF 6
to be a maximum of fifty-five feet (55').
6.0 Unification of Title. LMB shall, within ninety (90) days of execution of this
Agreement, unify title to Lots 2 and 3 as one lot for development purposes. Such unification
shall be subject to the approval of the City Commission and shall be recorded in the
Seminole County Official Records.
7.0 Successors 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 Apalicable 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 LMB 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, execution of this Agreement by both parties and upon
final sale of the Subject Property to LMB.
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 LMB 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.
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,
BINDING DEVELOPMENT AGREEMENT
CITY OF WINTER SPRINGS /LMB VENTURES, LLC
PAGE 3 OF 6
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. LMB 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 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 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 LMB 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 LMB is in breach of any term or condition of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Binding Development Agreement
as of the date first written above.
[EXECUTION PAGES FOLLOW]
BINDING DEVELOPMENT AGREEMENT
CITY OF WINTER SPRINGS /LMB VENTURES, LLC
PAGE 4 OF 6
• t t, ,
~''~~
. ,~
A... y~r/, ,~ ~ ~
'
~°~ a0
' ,
ATTEST: `
l
~
CITY OF W31V~TER V~
~5~ •
•'
.
a Florida muni&ipal ~~rporati~
,
AND LORENZO-LUACES, J N F. BUSH
~
' • • ~ • • •'
~1~
City rk , .~
~
g~
Mayor ~,, ~
APPROVED AS TO FORM AND LEGALITY
For the use and reliance of the City of
Winter Springs, Florida only.
~j y/~~°
Dated:
By:
Anthony A. Garganese,
City Attorney for the City of Winter Springs
BINDING DEVELOPMENT AGREEMENT
CITY OF WINTER SPRINGS / LMB VENTURES, LLC
PAGE 5 OF 6
WITNESSES:
Print I~ame~ i
~~c~~,-~~~ ~
Print Name: Elsie M. Tracy
STATE OF FLO DA
COUNTY OF ~(~ ~-.
LMB VENTURES, LLC,
a Florida limited liability company.
enn L. White, Manager
The foregoing instrument was acknowledged before me this ~ day of til~c~
2006, by Kenneth L. White, as Manager of LMB Ventures, LLC, a Florida limited iability
company, [~ ] who is personally known to me or [ ] who has produced
as identification.
NOTARY PUBLIC, State lorida
My commission expires: ~ ~~ '~n/~
~~~~ADRIENNE ~~LANGENBACH~~~~~J
r"i"~"''
~ Comrtalt D004YSBY4
'
+
:'
Expo 3f1?/2010
~
"!
~ ~
'
~~un+
~` Flord~NOtMyANR..1110
i
BINDING DEVELOPMENT AGREEMENT
CITY OF WINTER SPRINGS /LMB VENTURES, LLC
PAGE 6 OF 6
Yl
4tra
J U L 0 7 `,,.F,..
~~ti;,
BROWN, GARGANESE, WEISS & D'AGRESTI~,~~'~T~,,N, ~, ~,,~,,~ :,
rrr:,rc C'~F THE C,f1Y (.L, ti~
Attorneys at Laav
Debra S. Babb-Nutcher"
Joseph E. Blitch
Usher L. Brown'
Suzanne D'Agresta"
Anthony A. Garganese"
J.W. Taylor
Jeffrey S. Weiss
Offices in Orlando, Kissimmee, Cocoa,
Ft. Lauderdale & Tampa
Scott J. Dornstein
Mitchell B. Haller
Katherine W. Latorre
Amy J. Pitsch
'Board Certified Civil Trial Lawyer
"Board Certified City, County & Local Government Law
July 6, 2006
VIA U.S. MAIL
Andrea Lorenzo-Luaces, City Clerk
City of Winter Springs
1126 East State Road 434
Winter Springs, Florida 32708
Erin J. O'Leary
Catherine D. Reischmann
William E. Reischmann, Jr.
Of Counsel
Re: Winter Springs / LMB Ventures, LLC. -Binding DevelopmentAgreement
Dear Andrea:
Enclosed please find the original fully executed and recorded above referenced
Agreement. This original is being provided to your office for safekeeping.
Should you have any questions, do not hesitate to call.
Very truly yours,
~~ 2/1~.C. G~---,
Sandi Bowker,
Assistant to Anthony A. Garganese
/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 (866) 425-9566 • Ft. Lauderdale (954) 670-1979
Website: www.orlandolaw.net • Email: firm@orlandolaw.net