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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