HomeMy WebLinkAbout2007 01 22 Regular 300 Development Agreement Robert Yeager
CITY COMMISSION
AGENDA
ITEM 300
Regular
January 22, 2007
Meeting
MGR.DEPT
Authorization
REQUEST: The Community Development Department requests the City Commission approve
the proposed modification to the development agreement between Robert Yeager,
Trustee; Zimmer Development Company; Contra Vest, Inc; and the City of
Winter Springs (dated December 14, 1998) to allow two (2) signs - each 6 feet
tall - one on each of 2 lots. These signs would be in lieu of one (1) one 8' 9" tall
monument sign approved through the previous development agreement or two 4
foot tall monument signs. In discussions of a proposed development agreement
for the Seminole Trail Animal Hospital, the Commission indicated that they
would support two (2) four foot tall by six foot wide monument signs
PURPOSE: The purpose ofthis agenda item is to amend the development agreement to allow
construction of a 6-foot tall monument sign on each ofthe 2 lots that were created
from the 1.674 acre site (currently parcel4A and 4B) pursuant to Resolution
2006-38, on July 24, 2006.
APPLICABLE REGULATIONS
Chapter 166, Florida Statutes
Development Agreement (DA)
Chapter 6 of the City Code
Chapter 9 of the City Code
Chapter 16 of the City Code
Chapter 20 of the City Code
CHRONOLOGY:
April 24, 2006
Phase I final engineering & Aesthetic approval
January 22, 2007
Regular Agenda Item 300
Page 2 of2
April 25, 2006
July 24, 2006
July 24, 2006
Pre-construction conference
Lot split approved
Commission agrees to 2 signs - neither to exceed 4' tall
CONSIDERATIONS: The existing Kash-N-Karry development agreement (DA) granted
the 1.674 acre site (now divided into parcels 4A and 4B - 0.603 acre and 1.072 acre,
respectively, owned by Dr. Paul Williams, D.V.M.) one monument sign as tall as 8' 9" (in lieu of
the 8' maximum height set forth in the Code). An attachment to the DA depicts the monument
sign location near the north-east comer of the site, as does the approved site plan for phase I - the
Seminole Trail Animal Hospital. The location is also depicted on plans approved with the
aesthetic review. The applicant's sign was approved for a total of 89.5" tall, with 32 square feet
of copy area, during the April 24, 2006, aesthetic review.
At its July 24,2006, meeting, the Commission voted 5-0 to allow 2 separate monument signs,
neither to exceed 4 feet in height and 6 feet wide, located on each side of the driveway curb-cut.
The applicant states that a 4 foot tall sign with the required landscaping will largely be hidden
from view. Staff agrees.
The applicant requests that the location of the second monument sign be determined during the
site plan process for development of the second parcel (parceI4B) and that the appearance of the
sign be determined with the associated aesthetic review.
RECOMMENDATION: Staff recommends the City Commission approve the proposed
modification to the development agreement.
ATTACHMENTS:
A. Location Map
B. Kash-N-Karry DA
C. Approved site geometry plan
D. Proposed signage
E. July 24, 2006 minutes
F. Proposed DA Modification (provided by City Attorney)
CITY COMMISSION ACTION:
CDD/January 18,2007/12:48 PM
ATTACHMENT A
NOTES:
Municipal Address Map Book
PRINTED: REVISED:
Apr 2005 1:
City of Winter Springs, FL
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400
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2:
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Page
Developed By: SoutheaJlem Surveying &: Mopping Corp.
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ATTACHMENT B
DEVELOPER'S AGREEMENT
TUSCAWILLA TRACT 115 PARCEL 1-C
This DEVELOPMENT AGREEMENT by and between Robert Yeager, Trustee (hereinafter
called "Property Owner") and contract purchasers, Zimmer Development~~~inafter called
"Zimmer", as developer of the Kash n' Karry Shopping Center shopping center project apd U1
ContraVest, Inc. (hereinafter called "ContraVest") as developers of the Courtney Springs Apartm~t
complex and the City of Winter Springs, a Florida municipal corporation (hereinafter called "tbe
City") is entered into pursuant City Code, and is intended to constitute a covenant covering the N
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property described herein. Reference to Property Owner includes Zimmer and Contra Vest as assigns
to Property Owner's rights and bind Zimmer and ContraVest for obligations on their respective
projects. This Agreement is based on the following premises:
Whereas, the real property described herein as Parcel 1 C of Tract 15 of the Tuscawilla
P.U.D.~further described on Exhibit "A" attached hereto is located withinthe City limits of the City;
and
Whereas, the real property is subject to certain land development regulations of the City,
including the "S.R. 434 Corridor Vision Plan: New Development Area" (Ordinance No. 675 of the
City); and
Whereas, the real property is subject to a Settlement Agreement set forth in Ordinance 489
and record~d at Official Records Book 2277, pages OA64 through 0500, Public Records of Seminole
County, Florida (hereinafter call lithe Settlement Agreement"); and
Whereas, parties concur that this Agreement deals with issues separate from the issues
addressed in said Settlement Agreement, and this Agreement should be construed as consistent with
the said Settlement Agreement, and in the 6vent of conflic~et t!t((~!1Pt of this Agreement and
the Settlement Agreement, the Settlement Agreement shall prevail; and
Whereas, this property has received a Certificate of Vested Rights Special Use Permit from
the City on August 4, 1993, which is in full force and effect, and this Agreement shall not cause to
affect the vesting status of this property; and
Whereas, the City agrees that Parcel lC of Tract 15 of the Tuscawilla P.U.D. may be
subdivided and developed into two (2) major projects consisting of a 252 unit apartment complex
(the apartment site) and a Kash n' Karry site, and the Kash n' Kany site may be divided into three
(3) parcels; and
Whereas, Sections 20-458 and 20-459 of Ordinance No.675, the "S.R. 434 Corridor Vision
Plan: New Development Area" provides for a Development Agreement for real property such as that
described on Exhibit "A", upon a finding that the site is constrained, and extra development
enhancements are provided by the Property Owner to preclude or mitigate against any impacts upon
abutting properties or the S.R. 434 corridor; and,
Whereas, the City Commission of the City of Winter Springs finds that the real property
described in this Agreement is constrained by width, proximity to water retention areas on the
property, by wetlands, and by proximity to less densely and intensely developed properties; and
Whereas, the City Commission finds that Property Owner is making sufficient development
concessions and enhancements on the real prope~ described on Exhibit "A" to authorize a
Development Agreement for the apartment complex and the Kash n' Karry site; and
Whereas, in consideration for the City entering into this Agreement the Property Owner has
agreed to provide certain enhancements for the entire parcel (such as a wall, landscaping, etc.) and
2
certain common design themes or criteria (such as tit<tnUM1Ur.oJUt~rRfountain maintenance, fencing
and landscaping).
NOW THEREFORE, be it agreed as follows:
1. Premises Incorporated Herein
The City and the Property Owner hereby agree that the foregoing premises are true
and correct.
2. Property Affected
2.1 The real property described on Exhibit" A" constitutes the entire property subject to
this Development Agreement. A consideration for the City entering into this
Agreement is that certain enhancements (such as enhanced landscaping and a six (6')
foot wall along the rear of the subject property) and certain common design themes
or criteria (retention pond fountain) are being proposed by the Property Owner and
accepted by the City.
2.2 A specific implementing development agreement is hereby created for the Courtney
Springs apartment site development and for the Kash n' Karry site development as
shown on the respective Final Engineering Plans approved by the City, on file with the
Office of the City Clerk, Winter Springs, Florida, which by this reference are
incorporated herein.
2.3 Where no requirements concerning a qevelopment issue are set forth in this agreement
for the real property described on Exhibit "A", then the standards set forth in the
"State Road 434 Corridor Vision Plan: New Development Area" standards shall first
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BOOk PAGE
3574 0532
apply, and if no standards &fSt1i~ ecliEl &fairfibce, then other applicable City Code
provisions shall govern development of the property.
2.4 This Agreement does not and cannot exempt any real property from complying with
state or local law or ordinances relating to platting, environmental permitting,
wetlands regulations, stormwater, or other matters nor any development issues not
directly addressed by this Agreement.
3. Development Conditions for the Kash n' Karry Site ("Zimmer")
The development for the Kash n' Karrysite shall be subject to the "signage sheet"
prepared by Zimmer (Bowyer-Singleton Signage Sheet sealed and dated
\ '1. - 2. .. ~ e, ) as to the specific location and size of each and all signage for the
Kash n' Karry and two outparcel sites and shall be subject to the following conditions:
3.1 Zimmer is allowed two (2) ground-mounted, multi-tenant signs - both to be located
on S.R 434 frontage. Zimmer is allowed one (1) ground-mounted, single-tenant sign
to be located on Vistawilla Drive for the Kash n' Karry center.
3.2. Zimmer is allowed a height variance for three (3) ground-mounted, single tenant signs
from 8' in height to 8'9" in height. One (1) sign is to be located on future out parcel
1, one (1) sign is to be located on future out parcel 2, and the third sign is the one for
Kash n' Karry on VistawiHa Drive.
3.3
Zimmer is allowed a height variance
~unted signs as
follows:
a. The primary sign (anchor tenamJlO> llVlll ~J v u., ,-,u.o>", 'v JJ~" at top
b. The liquor store and the eastern most retail sign are from 19'6" at base to
21'6" at top and,
4
c. The smaller stores"Wtj~Uf6'6'O~1fltase to 18'6" at top.
3.4 The Kash n' Karry development shall be subject to and comply with the sign
regulations and specifications set forth on the Bowyer-Singleton Signage Sheet sealed
and dated \ '1- 2- 98
on file with the Office of the City Clerk, Winter Springs,
Florida, as a Final Engineering Permit condition for site development of said parcel,
if addressed therein, or if not the requirements set forth in Winter Springs Ordinance
No. 675.
3.5 The outparcel No.2 of the Kash n' Karry site shall be restricted to office use only.
4.0 Development Conditions for the Courtney Springs Apartment Site (ContraVest)
To minimize impacts to abutting properties and to enhance the quality and design of
the Courtney Springs Apartments (the Apartment site) certain amenities have been
agreed to by the City and Contra Vest, and shall constitute requirements for
Apartment site development. Enhanced or permitted variations from City Code
requirements on the apartment site shall be as set forth below.
4.1 Contra Vest is allowed to vary the size of the parking spaces from 10' x 20' to
9' X 20' for one hundred fifty four (154 spaces).
4.2 ContraVest is permitted to construct two (2) wing walls of approximately 60' in length
with the Courtney Springs identification sign on the front face of each wall on each
side of the entryway into the complex from state road 434. In addition, the crown of
the signs on the wing wall is allowed to exceed the eight (81) foot height requirement,
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3574 0534
specifically the crown of~fitWdRlJh&Q.ttld..sign is constructed may be up to 12' in
height for a distance not exceeding 15 linear feet.
4.3 ContraVest is authorized to use 12' Wax Myrtle trees, or other fast growing trees
acceptable to the City, along the rear boundary of the property rather than canopy
trees specified in City Code. Such fast growing trees shall be planted in accordance
with the Canin Associates Landscape Plan sealed and dated \ r'J... - \.. - ~ t)
and the parties agree that a minimum of 22 fast growing trees shall be planted.
4.4 The site plan, including building, water retention placement, and parking lot layout are
set out in theFmal Engineering Plans on file with the City and shall govern the design,
construction and use of the apartment site in order to ensure quality development and
to minimize impacts on surrounding single family development.
4.5 Specific site developments for the apartment site not specifically addressed herein shall
be as set forth in the Final Engineering Plans (Bowyer-Singleton plans sealed and
dated \ '1- '1- 9 8
), and if not addressed therein shall be in accordance with
City Ordinances.
5.0 Wall Requirement
The parties agree and acknowledge that a wall separating the proposed development
on Parcell-C from. abutting residential development will assure quality development
on the Parcel l-C site while minimizing impacts on existing residential areas by
separating intensities and densities. The wall requirement obligation on the Property
Owner and developers shall be as set forth below.
6
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5.1
3574 0535
To the rear of the futur~e}lm,fffl.~ tt'~ crt of the Kash n' Karry site, the Property
Owner agrees to dedicate a 50' x 5' parcel to either the Tuscawilla Homeowner's
Association, Inc. (THO A) or the Tuscawilla Beautification District (TBD) for an
entry sign to the Tuscawilla residential area within 90 days of execution of this
agreement. This parcel will commence at the Vistawilla Drive right-of-way and go
in a northwesterly direction, per the attached Exhibit "B".
5.2 The Property Owner shall also dedicate to the THOA or the TBD a minimum 20' x
5' parcel on the east side of Vista willa Drive for placement of an entryway sign in the
location depicted on Exhibit "B". The Property Owner is not required to expend any
funds or be involved in the actual construction.ofthese entryway signs described in
Sections 5.1 and 5.2.
5.3 Zimmer shall construct a brick wall commencing at the western termination of the 50'
X 5' parcel described in paragraph 5. 1 above, and extending northwesterly an
additional 50' at the rear of the future outparcel 2 on the Kash n' Karry site. This
brick wall will be constructed of bricks compatible with the wall at the Eagle's Watch
subdivision on the eastside of Vistawilla Drive. The balance of the wall along the
Kash n' Karry property line will be of stucco construction.
5.4 ContraVest shall construct a 6-foot stucco wall along the southerly property line of
the apartment site between the designated wetlands in order to buffer the apartment
site and the abutting single family development to the south. The placement of the
wall shall be in accordance with the final engineering plans on file with the City.
6.0 The FDOT Water Retention Pond
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BOOK PA GE
3574
The City and the Contra V eSt de~It. to make the water retentIon pond bemg
constructed and owned by the Florida Departm,ent of Transportation (FDOT) a more
attractive amenity to the Courtney Springs Apartment development and to the SR 434
Corridor. To achieve this, the property owner and the City agree that acquisition of
the FDOT pond by the City and the construction of certain amenities set forth below
by the property owner will best achieve these objectives. Therefore, the City and
Contra Vest agree as follows:
6; 1 The City shall use its best efforts to acquire ownership or control of the FDOT pond
located on SR 434 immediately north of the portion of Tract 15, Parcel l-C of the
apartment site. If the City is successful in acquiring ownership or control, that will
permit the improvements, alterations and maintenance contemplated by the parties,
then Contra Vest agrees to undertake the following responsibilities as set forth below,
at its expense:
6.2 The City and ContraVest shall share the costs associated with acquisition of the
FDOT pond site with a cap of FIFTEEN HUNDRED DOLLARS ($1,500.00) from
each party. In the event the costs to complete the acquisition exceed this sum, the
City shall have the option, but not the obligation to pay the additional costs. If the
City is unable to acquire ownership or control, then Contra Vest shall not be bound
to the requirements set forth in 6.3 through 6.6.
6.3 Contra Vest shall provide enhanced landscaping around the pond per the plans and
specification shown on the Canin Associates Landscape Plan sealed and dated
\ ~ - t - 9~ , on file with the Office of the City Clerk, Winter Springs, Florida.
8
6.4 FDOT will be install~fli1i:Jt~(Yifijl.Ght!in-link fence and gate around the entire pond
as part of the SR 434 construction. GontraVest shall replace the chain-link fence and
construct a decorative fence along the entire SR 434 side of the FDOT pond
consistent with that approved for the SR 434 frontage for the apartment site. If
FDOT does not install black vinyl chain-link fence, it shall be Contra Vest's obligation
to install the black vinyl fence around the other sides of the pond.
6.5 Contra Vest shall construct a lighted fountain in the pond. Contra Vest shall provide
for maintenance in perpetuity for the enhanced landscaping, fencing, operation of the
lighted fountain for the pond, and shall reasonably maintain the appearance of the
water area in a clean, debris-free condition.
6.6 Contra Vest shall provide an insurance policy or evidence of coverage in the amount
of ONE MILLION DOLLARS ($1,000,000.00) in Public Liability insurance covering
the services and activities of property owner relating to the pond. The policy shall
name the City as a Co-Insured. Said policy shall be provided at the time the first
Certificate of Occupancy is issued for Courtney Springs Apartment complex.
8.0 Underground Utilities Along SR 434
The City and the developers agree that each shall pay fifty percent (50%) of the cost
of construction for underground electric and other utility lines traditionally
constructed on poles along the frontage on SR 434 from the western right-of-way of
Vistawilla Drive to the western edge of the FDOT pond. The total cost to the
developers for construction of the underground utilities shall not exceed THIRTY
9
PAGE
ONE THOUSAND EIGH~D T~~'itFIVE DOLLARS AND FIFTY
SEMINOLE '
CENTS ($31,825.50). co. FL
9.0 Developers' or Successors' Continuing Obligation
Contra Vest and Zimmer, or their successors or assigns, shall be responsible for the
ongoing maintenance of the landscaping, walls, retention ponds, site amenities and
other common areas and facilities on their respective properties.
10.0 Grace Period/fime to Cure:
In the event the City determines that any of the other parties hereto, or their
respective successors or assigns, is not in compliance with landscaping installation as
required by this Agreement, or fails to maintain the landscaping as required by City
Code, The City shall provide written notice of violation to the owner of the subject
parcel or parcels, stating the specific nature of the violation and the corrective actions
to be taken to cure said non-compliance. The owner shall have thirty (30) days from
receipt of said notice in which to cure the violation before the City can declare a
default under this Agreement. The City agrees and acknowledges that a default by
one party to this Agreement shall not affect the other parties' property.
11.0 Pursuant to the requirement of state law, the parties acknowledge and agree
a. Duration of Agreement. This Agreement shall be recorded in the public
records of Seminole County at cost to the Property Owner and shall be a
covenant running with the land
b. Development Issues. Development issues shall be those permitted and
controlled (such as building height, permitted uses, parking requirements and
10
BOOK PAGE
3574
.0539
SEMINOLE co. FL
other development standards) by existing City Code, including Ordinance No.
675 and the Settlement Agreement, except as said site development standards
are specifically modified herein.
c. Agreement Consistent with Comprehensive Plan. The City Commission and
the local planning agency have found that the land uses and development
proposed are consistent with the City's Comprehensive Plan. By entering into
this Development Agreement, the City Commission finds this Agreement
consistent with the City's Comprehensive Plan.
d. Compliance With Other Laws. The failure of this Agreement to address a
particular permit, condition, term or restriction shall not relieve the Property
Owner of the necessity of complying with the law governing said permitting
requirement, condition, term or restriction.
12.0 Enforcement/Venue
This agreement may be enforced by parties to it by bringing action in the Court of
proper jurisdiction to interpret or enforce the provisions of this Agreement. Venue
of any such shall be in Seminole County, Florida.
13.0 Parties Bound
This Agreement shall be recorded in the Public Records of Seminole County, Florida
and shall be binding on the heirs, assigns or successors to the Parties to this
Agreement.
II
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3574
0540
SEMIJWLE co. fL
. TI"\ .
DONE AND AGREED on this \-t\ - day of ))€ c. E"rn~€ t:t...
. 1998.
WITNE~~ _
~~ -.TW~?~A/
NAME:
STATE OF FLORIDA
COUNTY OF tJR/J/1/tJ'e
The foregoing instrument was acknowledged before me this /-..rA:..dayof l)Cl!-~,;8~?'L
1998 by Robert Yeager, as Trustee. He is personally known to me, fir has produced
as identifil;<1tiun.
, STATE OF FLORIDA
f
.,
~L/IF ~~~/I/A.A./'
Print Name:
My conunission expires:
,....u,
~.~~y.f~;-, JULIE SULLIVAN
i.{~' !.~ MY COMMISSION' CC 634294
~~~.i{f EXPIRES: Ap!116 2001
"~Rf..f~~~" Bonded Thru No!lly Pu~ Underwr1ters
12
WANDA T HORTON
ZIMMER DEVELOPMENT COMPANY
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
22ND DAY OF DECEMBER 1998
JEFFREY L ZIMMER
CAROLYN GILLIAM NOTARY PUBLIC, STATE OF NC
WITNESS:
.JULIE SULLIVAN
SEMINOLE COUNTY FL
STATE OF FLORIDA
COUNTY OF ORANGE
1ST DAY OF DECEMBER 1998
)
-,
? ]). 071 t 1f.r'L
The foregoing instrument was acknowledged before me this /..{'-fr<- day of k~.d'~
1998 by O~~ 2:>. ()(!J/f"7L.. . He is personally known to me,-Or hag prodtlcod-
as identification
(~y p~~, STATE OF FLORIDA
'.... ~ ~<4J~
..;J'W '- / E' ~ L.I I Y.;I'./I/
Print Name:
My commission expires:
"'\~~~~" JULIE SULLIVAN
!~.,.~..~:, MY COMMISSION' CC 634294
~~.~~J EXPIRES: April 6. 2001
-':'2' .;-;.,'tJ',.., Booted Thlu No1aly Public UndelWlllers .
"'......~
14
MARGO PIERCE, CITY CLERK
PAUL P PARTYKA, MAYOR
STATE OF FLORIDA COUNTY OF SEMINOLE
31ST DECEMBER 1998
ATTEST:
Robert D. Guthrie, Esq.
FRANK KRUPPENBACHER, P.A.
P. O. Box 3471
Orlando, FL 32801-3471
15
OVERALL BOUNDARY ,
KASH 'N KARRY /APARTMENTS/TUSCAWIL~INOLE CO. FL
LEGAL DESCRIPTION
COMMENCE AT THE NORTHEAST CORNER OF SECTION 8, TOWNSHIP 21 SOUTH,
RANGE 31 EAST. SEMINOLE COUNTY, FLORIDA; THENCE RUN S00024' 55"E,
ALONG T,HE EAST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 8, A
DISTANCE OF 205.56 FEET TO THE NORTHERLY RIGHT-OF-WAY LINE OF THE
LAKE CHARM BRANCH OF THE' SEABOARD COAST' LINE RAILROAD (S . C. L. )
(100' R/W); THENCE RUN N54 034' 57"W, ALONG SAID NORTHERLY RIGHT-
OF-WAY LINE, 'A DISTANCE OF 293.14 FEET TO A POINT ON A CURVE,
CONCAVE SOUTHWESTERLY, HAVING A CENTRAL ANGLE OF 24044'10" AND A
RADIUS OF 1959.19 FEET; THENCE RUN NORTHWESTERLY ALONG THE ARC OF
SAID CURVE AND SAID NORTHERLY RIGHT-OF-WAY LINE, A DISTANCE OF
845.83 FEET TO THE POINT OF TANGENCY; THENCE RUN N7 9 0 18' 14 "W,
ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, A DISTANCE OF 691.26 FEET
TO 'THE POINT OF CURVATURE OF A CURVE, CONCAVE SOUTHWESTERLY,
HAVING A CENTRAL ANGLE OF 11046'38" AND A RADIUS OF 2612.09 FEET;
THENCE RUN NORTHWESTERLY, ALONG THE ARC OF SAID CURVE AND SAID
NORTHERLY RIGHT-OF-WAY LINE, A DISTANCE OF 536.92 FEET TO THE
POINT OF TANGENCY; THENCE RUN S88055'08"W, ALONG SAID NORTHERLY
RIGHT-OF-WAY LINE, A DISTANCE OF 178.11 FEET TO THE WESTERLY
RIGHT-OF-WAY LINE OF VISTAWILLA DRIVE; THENCE RUN N10023' 19"E,
ALONG SAID WESTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 16.23 FEET
TO THE POINT OF CURVATURE OF A CURVE, CONCAVE SOUTHEASTERLY,
HAVING A CENTRAL ANGLE OF 69000'18" AND A'RADIUS OF 540.00 FEET;
THENCE RUN NORTHEASTERLY ALONG THE ARC OF SAID CURVE AND SAID
WESTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 650.36 FEET TO THE
POINT OF REVERSE CURVATURE OF A CURVE, CONCAVE NORTHWESTERLY,
HAVING A CENTRAL ANGLE OF 14057'22" AND A RADIUS OF 710.00 FEET;
THENCE RUN NORTHEASTERLY ALONG THE ARC OF SAID CURVE AND SAID
WESTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 185.33 FEET TO THE
EASTERNMOST CORNER OF HOWELL CREEK RESERVE PHASE ONE, AS RECORDED
ON PLAT BOOK 49, PAGES 10-12, PUBLIC RECORDS OF SEMINOLE COUNTY,
FLORIDA FOR A POINT OF BEGINNING; THENCE DEPARTING SAID WESTERLY
LINE, RUN THE FOLLOWING COURSES AND DISTANCES ALONG THE NORTHERLY
LINE OF SAID HOWELL CREEK RESERVE PHASE ONE; THENCE N30022'39"W,
A DISTANCE OF 356.04 FEET; THENCE N89052'39"W, A DISTANCE OF
2100.00 FEET; THENCE N00007'21"E, A DISTANCE OF 100.00 FEET;
THENCE N89052' 39"W, A DISTANCE OF_ 47.50 FEET TO THE SOUTHEAST
CORNER OF CREEKS RUN, AS RECORDED IN PLAT BOOK 53, PAGES 1-3,
PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA; THENCE RUN THE
FOLLOWING COURSES AND DISTANCES ALONG THE EASTERLY LINE OF SAID
CREEKS RUN; THENCE N00007'21"E, A DISTANCE OF 95.77 FEET; THENCE
N47003'59"E, A DISTANCE OF 152.67 FEET; THENCE NOOo07'21"E, A
DISTANCE OF 18.20 FEET; THENCE N55038'10"E, A DISTANCE OF 58.83
FEET; THENCE N21047'50"W, A DISTANCE OF 73.83 FEET TO THE
NORTHEAST CORNER OF SAID CREEKS RUN; THENCE DEPARTING SAID
EASTERLY LINE, RUN S89052'~5E14A DI~~~OF 16.17 FEET; THENCE
N28005'28"W, A DISTANCE OF 85.60 FItE't; '"THENCE N24026'37"W, A
DISTANCE OF 77. 74 FEET; THEN~IUIDOEa-..:rr. Jt-~'W, A DISTANCE OF 68.53
FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY, AS DEPICTED ON THE
RIGHT-OF-WAY MAP FOR STATE ROAD NO. 434, SECTION 77070-2517;
THENCE RUN THE FOLLOWING COURSES AND DISTANCES ALONG SAID
SOUTHERLY RIGHT-OF-WAY LINE; THENCE S89049'07"E, A DISTANCE OF
142.37 FEET; THENCE SOOo10'53"E, A DISTANCE OF 5.00 FEET; THENCE
S89049'07"E, A DISTANCE OF 200.00 FEET; THENCE NOOo10'53"E, A
DISTANCE OF 5.00 FEET; THENCE S89049'07"E, A DISTANCE OF 133.00
FEET; THENCE SOOo10'53"W, A DISTANCE OF 289.00 FEET; THENCE
S89049'07"E, A DISTANCE OF 800.00 FEET; THENCE NOOo10'53"E, A
DISTANCE. OF 294.00 FEET; THENCE S89049'07"E, . A DISTANCE OF
1383.53 FEET TO A POINT ON THE AFOREMENTIONED WESTERLY RIGHT-OF-
WAY LINE OF VISTAWILLA DRIVE; THENCE DEPARTING SAID SOUTHERLY
RIGHT-OF-WAY LINE, RUN THE FOLLOWING COURSES AND DISTANCES ALONG
SAID WESTERLY RIGHT-OF-WAY LINE; THENCE S00027'38"W, A DISTANCE
OF 206.85 FEET; THENCE S05015'00"E, A DISTANCE OF 100.50 FEET TO
A POINT ON A CURVE, CONCAVE NORTHWESTERLY, HAVING A CENTRAL ANGLE
OF 63058' 36" AND A RADIUS OF 710.00 FEET; THENCE FROM A TANGENT
BEARING OF S00027' 39"W, RUN SOUTHWESTERLY ALONG THE ARC OF SAID
CURVE, A DISTANCE OF 792.79 FEET TO THE POINT OF BEGINNING.
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CONTAINING 35.096 ACRES, MORE OR LESS.
TUS4/KNK1PLAT. DOC
11/10/98
REV'D 12/2/98 SVB
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WINTER SPRINGS
FLORIDA:
DEVELOPER'S AGREEMENT
EXHIBIT '8"
JBoWYER
SINGLETON
& AssOCIATES, INCORPORATED
TUSCAWILLA
TRACT 15
PARCEL IC
SIGN AGE
DEDICATION
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ORLANDO. FLORIDA 32801
(407) 843-5120
FAX 407-649-8664
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SEMINOLE TlWL ANIMAL HOSPITAL
SEMINOLE COUNTY, FLORIDA
SITE GEOMETRY PLAN
Christensen & _ Associates
Cartiticat. of h.lthorbotion No. 868.
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ATTACHMENT E
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
CITY COMMISSION
REGULAR MEETING - JULY 24, 2006
PAGE 9 OF 39
We're willing to put in two (2) signs to meet City Code foregoing the additional height
that was allowed by the Developer Agreement; if we can in fact, get approval for two (2)
signs. We think that the signs are tasteful. They will be appropriately located to provide
suitable site distances. We have analyzed the driveway location, and the landscaping and
the sign location with regard to appropriate site distances in terms of the speed of the road
and the curvature of the road and we certainly understand those issues and they're very
important. We would like consideration."
Commissioner Sally McGinnis asked, "What was the height of the sign - the Waiver, the
tall sign you referred to?" Mr. Baker said, "The Development Agreement allowed them
to go to eight feet nine inches (8' 9") tall in instead of the eight feet (8') required by
Code. "
Discussion.
Commissioner Miller said, "Something to think about, if it is going to be one (1), eight
foot (8') sign; how about if they are just two (2), four foot (4')?" Commissioner
McGinnis said, "I like that." Commissioner Miller said, "It is not nearly intrusive as an
eight foot (8') sign to start with."
Dr. Williams stated, "One problem when talking about putting signs on the building, the
row of trees that they have precludes that, you can't see anything - and the second
building - the landscaping already has a large row of trees, it's already lining Vistawilla
[Drive] and you can't see the building hardly. You won't be able to see whenever the
second building is built. You can't see it because of the amount of landscaping that
separates it, so a sign on the building wouldn't work. And really even on my place, I
mean there is really no particular location that a sign would be suitable for the aesthetics
that we've done for it. The cultured stone that we're putting on the east face of it, the
area that you see from the street, we don't have a location where you can put building
mounted signs, that has any kind of visibility from the street, so that's the problem that
we have run into."
Discussion.
"I WOULD LIKE TO MAKE A MOTION THAT WE DIRECT THE CITY
MANAGER TO ENTER INTO A DEVELOPER'S AGREEMENT THAT
ALLOWS FOR TWO (2) SIGN LOCATIONS NOT TO EXCEED - FOUR FEET
(4') HIGH, SIX FEET (6') WIDE TO BE LOCATED ON EACH SIDE ADJACENT
TO THE SINGLE ENTRANCE WAY IN SUCH A MANNER SO AS TO NOT
OBSTRUCT VISION OR ENTRANCE/EGRESS PURSUANT TO THE NORMAL
CITY GUIDELINES ON THE SITE TRIANGLE." MOTION BY DEPUTY
MAYOR BLAKE. MAYOR BUSH STATED, "SECONDED BY
COMMISSIONER McGINNIS." DISCUSSION.
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
CITY COMMISSION
REGULAR MEETING - JULY 24, 2006
PAGE 10 OF 39
DEPUTY MAYOR BLAKE SAID, "THAT MOTION ALSO INCLUDED THAT
THAT WAS ALL OF THE SIGNAGE - NO BUILDING SIGNAGE OTHER
THAN A SMALL DOOR ENTRANCE PLAQUE SIGNAGE THAT COULD BE
ON THE BUILDING OR ON A GLASS DOOR OR SOMETHING LIKE THAT.
IN OTHER WORDS, SOMETHING THAT IDENTIFIES THE DOOR AS TO
WHAT IT IS."
VOTE:
COMMISSIONER GILMORE: AYE
DEPUTY MAYOR BLAKE: AYE
COMMISSIONER MILLER: AYE
COMMISSIONER McGINNIS: AYE
COMMISSIONER KREBS: AYE
MOTION CARRIED.
PUBLIC HEARINGS
205. Community Development Department
Requests That The City Commission Approve The Bledsoe Lot Split, And Authorize
Its Recordation.
Mr. Baker introduced this Agenda Item and said, "We as Staff, do recommend Approval
of this."
Mayor Bush opened the "Public Input" portion of the Agenda Item.
No one spoke.
Mayor Bush closed the "Public Input" portion of the Agenda Item.
Mr. Richard Taylor, Esquire, 531 Dog Track Road, Longwood, Florida: representing the
Bledsoe's and commented, "First of all, I want to thank the Staff and compliment your
Staff. I met with many of them initially and then worked with Mr. Baker who has been
very professional, very helpful." Mr. Taylor further spoke on this Agenda Item.
Commissioner Donald A. Gilmore said to Mr. Taylor, "On this Plot Plan right here, will
you draw a line where the lot divide occurs - that drawing right there is what I want to
see it on." Commissioner Gilmore then said, "May I suggest, that you take attachment
'B' and transpose that to attachment 'A', John [Baker]? In fact can you take your
drawing and lay it on the table and draw a line - there it is, right there. Okay, that is what
I want to see. However, I want to see it in relationship to the surrounding area, this map
right here."
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
AMENDMENT TO DEVELOPER'S AGREEMENT
FOR SEMINOLE TRAIL ANIMAL HOSPITAL. INe.
TIDS AMENDMENT TO DEVELOPER'S AGREEMENT FOR SEMINOLE TRAIL
ANIMAL HOSPITAL INC., made and executed this _ day of ,2007,
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 SEMINOLE
TRAIL ANIMAL HOSPITAL, INC., a Florida Corporation ("Owner") whose address is 1491 East
State Road 434, Suite 109, Winter Springs, Florida 32708.
WITNESSETH
WHEREAS, Owner is the owner of certain real property located within the City of Winter
Springs, Florida, more particularly described herein ("Subject Property") by virtue of Quit Claim
Deed recorded in Seminole County Official Record Book 6309, Page 13; and
WHEREAS, the City Commission of the City of Winter Springs adopted Resolution 2006-
38, approving Owner's request to subdivide the Subject Property into two (2) separate and distinct
lots for development purposes; and
WHEREAS, the subdivided lots are more particularly depicted and legally described herein
as "Parce14A" and "Parce14B;" and
WHEREAS, the Subject Property is part of Tuscawilla Tract 15 Parcel1-C, and is subject
to a Developer's Agreement for Tuscawilla Tract 15 Parcel 1-C, which is recorded in Seminole
County Official Record Book 3574, Page 0529 ("Developer's Agreement"); and
WHEREAS, as the successor in interest to the Subject Property, Owner's development of
the Subject Property is bound by and subject to the terms of the Developer's Agreement; and
WHEREAS, the Development Agreement provides that the Subject Property may contain
one (1) ground-mounted, single tenant sign from 8' in height to 8'9" in height; and
WHEREAS, given that the Subject Property has been subdivided into two (2) lots for
AMENDMENT TO DEVELOPER'S AGREEMENT
CITY OF WINTER SPRINGS / SEMINOLE TRAIL ANIMAL HOSPITAL, INC.
PAGE 1 OF6
development purposes, Owner desires to amend the Development Agreement only with regard to the
Subject Property to permit the design, construction and location of one (1) ground-mounted, single
tenant monument sign each for Parce14A and Parce14B; and
WHEREAS, the City and Owner desire to memorialize in writing their mutual understanding
regarding certain aspects of the development of the Subject Property under the terms and conditions
set forth in this Amendment to Developer's Agreement for Seminole Trail Animal Hospital, Inc.
("Agreement"); and
WHEREAS, in addition to Owner's compliance with all provisions of the Developer's
Agreement, City Codes, permitting and construction not in conflict with or addressed herein, the City
and Owner 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 to amend the Developer's Agreement 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.
3.0 Subject Property. The Subject Property which is subject to, and bound by, the
terms and conditions of this Agreement is legally described in "Exhibit A," attached hereto
and fully incorporated herein by this reference.
4.0 Subdivided Lots. Pursuant to Resolution 2006-38, the Subject Property was
approved by the Winter Springs City Commission to be subdivided into two (2) lots for
development purposes. Said subdivided lots are more particularly depicted and legally
described in "Composite Exhibit B," attached hereto and fully incorporated herein by this
reference ("Parcel 4A" and "ParceI4B").
5.0 Representations of Owner. Owner hereby represents and warrants to the City that
Owner 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
Owner and recorded in the public records of Seminole County, Florida, constitute a legal,
valid and binding obligation enforceable against Owner and the Subject Property in
accordance with the terms and conditions of this Agreement. Owner 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.
AMENDMENT TO DEVELOPER'S AGREEMENT
CITY OF WINTER SPRINGS / SEMINOLE TRAIL ANIMAL HOSPITAL, INC.
PAGE 2 OF6
6.0 Amendment to Developer's A~reement. The City agrees to vary the signage
restrictions imposed on the Subject Property by paragraph 3.2 of the Developer's Agreement
as follows:
6.1 Parcel4A. Owner shall design, construct and install one (1) ground-mounted,
single tenant monument sign not to exceed six feet (6') in height for Parcel4A. Such
sign shall be located as depicted on the Final Engineering Plans approved by the City
Commission on April 24, 2006. The design, construction and location of the sign
shall otherwise comply with the provisions of section 3 of the Developer's
Agreement and all other applicable City Codes including, but not limited to, section
20-470, Winter Springs City Code.
6.2 Parcel4B. Subject to applicable City Codes and prior approval by the City
Commission, Owner shall be permitted to design, construct and install one (1)
ground-mounted, single tenant monument sign on Parcel4B, provided said sign shall
not exceed six feet (6') in height.
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 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 Owner 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 and execution of this Agreement by both parties.
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 Owner is an independent contractor and not an agent of the City. Nothing
AMENDMENT TO DEVELOPER'S AGREEMENT
CITY OF WINTER SPRINGS / SEMINOLE TRAIL ANIMAL HOSPITAL, INC.
PAGE 3 OF 6
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 Sovertjign 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,
to anyone 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. Owner 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 Interp,retation. 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 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 Owner or the City of
the necessity of complying with the law governing said permitting requirement, condition,
AMENDMENT TO DEVELOPER'S AGREEMENT
CITY OF WINTER SPRINGS / SEMINOLE TRAIL ANIMAL HOSPITAL, INC.
PAGE 4 OF 6
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 Owner is in breach of any term or condition of this Agreement.
22.0 Continuinl Effect of Developer's Alreement. All other provisions of the
Developer's Agreement not otherwise modified by this Agreement shall remain in full force
and effect with respect to the Subject Property.
IN WITNESS WHEREOF, the parties have executed this Binding Development Agreement
as of the date first written above.
ATTEST:
CITY OF WINTER SPRINGS,
a Florida municipal corporation.
ANDREA LORENZO-LUACES,
City Clerk
JOHN F. BUSH,
Mayor
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
AMENDMENT TO DEVELOPER'S AGREEMENT
CITY OF WINTER SPRINGS / SEMINOLE TRAIL ANIMAL HOSPITAL, INC.
PAGE 5 OF 6
WITNESSES:
Seminole Trail Animal Hospital, Inc.
a Florida Corporation.
Print Name:
Douglas P. Williams,
Its President
Print Name:
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this day of
2007, by Douglas P. Williams, as President of Seminole Trail Animal Hospital, Inc., a Florida
Corporation, [ ] who is personally known to me or [ ] who has produced
as identification.
NOTARY PUBLIC, State of Florida
My commission expires:
AMENDMENT TO DEVELOPER'S AGREEMENT
CITY OF WINTER SPRINGS / SEMINOLE TRAIL ANIMAL HOSPITAL, INC.
PAGE 6 OF 6
LEGAL DESCRIPTION
Lot 4, TUSCAWILLA TRACT 15, PARCEL 1-C, according to the map or plat thereof, recorded in
Plat Book 56, Pages 29 through 32, inclusive, of the Public Records of Seminole County, Florida.
TOGETHER with those certain non-exclusive easements for gravity sewer line, lift station and
sewer force main over and across Lot 1, TUSCAWILLA TRACT 15, PARCEL 1-C, according to
the plat thereof as recorded in Plat Book 56, Pages 29 through 32, inclusive, of the Public
Records of Seminole County, Florida, as described in that certain Cross Easement Agreement for
TUSCAWILLA TRACT 15, PARCEL 1.C, by and between Robert A. Yeager, individually and as
Trustee and ZP No. 56, Limited Partnership, a Florida limited partnership, dated January 13,
1999 and recorded January 14,1999 in Official Records Book 3574, Page 564, as amended in
Official Records Book 3582. Page 1443, Public Records of Seminole County, Florida.
Together with:
An Easement tor the benefit ot Lot 4 as contained in the Amendment to the Declaration of
Restrictions recorded in Official Records Book 5349, Page 1939, Public Records of Seminole
County, Florida, over, un,jer and across Lot 2, as described therein.
EXHIBIT
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SHEET 1 OF 2 SHEETS
EXHIBIT
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LEGAL DESCRIPTION
(PARCEL 4A)
A PORTION OF LOT 4, TUSCAWILLA TRACT 15. PARCEL 1 -C. ACCORDING TO THE PLAT THEREOF AS
RECORDED IN PLAT BOOK 56, PAGES 29-32, INCLUSIVE IN THE PUBLIC RECORDS OF SEMINOLE
COUN1Y, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT THE NORTHWEST CORNER OF LOT 4, TUSCAWILLA TRACT 15. PARCE~ l-C, ACCORDING
TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 56, PAGES 29-32, INCLUSIVE IN THE PUBLIC
RECORDS OF SEMINOLE COUNTY, FLORIDA, THENCE RUN S89'49'07"E, 254.00 FEET ALONG THE
NORTH LINE OF SAID LOT 4; THENCE CONTINUE ALONG SAID NORTH LINE. S64'27'32"E, 2B.91
FEET TO A POINT ON THE EAST LINE OF SAID LOT 4 AND THE WESTERLY RIGHT OF WAY LINE OF
VISTAWILLA DRIVE (80' IN WIDTH). SAID POINT BEING ON A CURvE CONCAVE TO THE NORTHWEST,
HAVING A RADIUS OF 710.00 FEET, A CHORD BEARING THE BEARS S32'51'52"W, AND CHORD
DISTANCE OF 181.01 FEET; THENCE RUN SOUTHWESTERLY ALONG THE ARC OF SAID CURVE 181.50
FEET THROUGH A CENTRAL ANGLE OF 14'38'50"; THENCE N49'48'42"W, 174.89 FEET, DEPARTING
SAID EASTERLY LINE OF LOT 4 AND SAID WESTERLY RIGHT OF WAY OF VlSTAWllLA DRIVE; THENCE
N90'OO'OO"W, 48.42 FEET TO A POINT ON THE WESTERLY LINE OF AFORESAID lOT 4; THENCE
NOO'10'53"E, 52.45 FEET ALONG SAID WESTERLY LINE TO THE POINT OF BEGINNING.
TOGETHER WITH THOSE CERTAIN NON-EXCLUSIVE EASEMENTS FOR GRAVITY SEWER LINE, LIFT
STATION AND SEWER FORCE MAIN OVER AND ACROSS LOT 1, TUSCAWILLA TRACT 15, PARCEL 1-C,
ACCORDING TO THE MAP OF PLAT THEREOF RECORDED IN PLAT BOOK 56, PAGES 29 THROUGH
32. INCLUSIVE OF THE PUBLIC RECORDS OF SEMINOLE COUNTY. FLORIDA AS DESCRIBED IN THAT
CERTAIN CROSS EASEMENT AGREEMENT FOR TUSCAWILLA TRACT 15. PARCEL 1-C. BY AND
BETWEEN ROBERT YEAGER, INDIVIDUAllY AND AS TRUSTEE AND ZP. NO.56. LIMITED PARTNERSHIP,
A FLORIDA liMITED PARTNERSHIP, DATED JANUARY 13, 1999 AND RECORDED JANUARY 14, 1999 IN
OFFICIAL RECORDS BOOK 3574, PAGE 564, AS AMENDED IN OFFICIAL RECORDS BOOK 3582, PAGE
1443 PUBLIC RECORDS OF SEMINOLE COUNTY, flORIDA.
LEGAL DESCRIPTION
(PARCEL 4B)
LOT 4, TUSCAWllLA TRACT 15, PARCEL 1 -C, ACCORDING TO THE PLAT THEREOF AS RECORDED IN
PLAT BOOK 56, PAGES 29-32, INCLUSIVE IN THE PUBLIC RECORDS OF SEMINOLE COUNTY,
FLORIDA,
lESS,
BEGIN AT THE NORTHWEST CORNER OF lOT 4, TUSCAWllLA TRACT 15, PARCEL 1-C, ACCORDING
TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 56, PAGES 29-32, INCLUSIVE IN THE PUBLIC
RECORDS OF SEMINOLE COUNTY, flORIDA, THENCE RUN S89'49'07"E, 254.00 FEET ALONG THE
NORTH LINE OF SAID LOT 4; THENCE CONTINUE ALONG SAID NORTH LINE, S64'27'32"E, 28.91
FEET TO A POINT ON THE EAST LINE OF SAID LOT 4 AND THE WESTERLY RIGHT OF WAY LINE OF
VISTAWILLA DRIVE (80' IN WIDTH), SAID POINT BEING ON A CURVE CONCAVE TO THE NORTHWEST,
HAVING A RADIUS OF 710.00 FEET, A CHORD BEARING THE BEARS S32'51'52"W, AND CHORD
DISTANCE OF 181.01 FEET; THENCE RUN SOUTHWESTERLY ALONG THE ARC OF SAID CURVE 181.50
FEET THROUGH A CENTRAL ANGLE OF 14'38'50"; THENCE N49'48'42"W, 174.89 FEET, DEPARTING
SAID EASTERLY LINE OF LOT 4 AND SAID WESTERLY RIGHT OF WAY OF V1STAWILLA DRIVE; THENCE
N90'00'OO"W, 48.42 FEET TO A POINT ON THE WESTERLY LINE OF AFORESAID LOT 4; THENCE
NOO'10'53"E, 52.45 FEET ALONG SAID WESTERLY LINE TO THE POINT OF BEGINNING.
TOGETHER WITH THOSE CERTAIN NON-EXCLUSIVE EASEMENTS FOR GRAVITY SEWER LINE, LIFT
STATION AND SEWER FORCE MAIN OVER AND ACROSS LOT I, TUSCAWILLA TRACT 15, PARCEL 1-C,
ACCORDING TO THE MAP OF PLAT THEREOF RECORDED IN PLAT BOOK 56, PAGES 29 THROUGH
32, INCLUSIVE OF THE PUBLIC RECORDS OF SEMINOLE COUNTY. flORIDA AS DESCRIBED IN THAT
CERTAIN CROSS EASEMENT AGREEMENT FOR TUSCAWILLA TRACT 15, PARCEL 1-C, BY AND
BETWEEN ROBERT YEAGER, INDIVIDUALLY AND AS TRUSTEE AND ZP. NO.56, LIMITED PARTNERSHIP,
A FLORIDA LIMITED PARTNERSHIP, DATED JANUARY 13, 1999 AND RECORDED JANUARY 14, 1999 IN
OFFICIAL RECORDS BOOK 3574. PAGE 564, AS AMENDED IN OFFICIAL RECORDS BOOK 3582, PAGE
1443 PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA.
CURVE TABLE
CURVE I LENGTH RADIUS DELTA
C 1 482.00' 710.00' 38'5:5'47"
C - 2 181.50' 710.00' 14'38'50"
CHORD eRG
N44'59' "E
S32'51'54"W
CHORD
47 80'
11. l'
IfNIlItC$ AItE US!:D ON 1K[
NORJM UNE OF' LDT ..
AS liiINO tar4"07"'[. POt Pl..ll
~ DDCJltPnCN FURNlSH!D 8Y
ClJENT (\lNW:S l>IIIEIIlO!l! NOmlI
ms SURVEY CEJrnFtm TO:
CRY OF 'ftftER SPRINC:S
SEE SHEET 2 FOR ~KETCH
THIS IS NOT A BOUNDARY SURVEY
T"A~
. - RECOVERm 4'"X4- CONCREIT 1r.I0NUMtNT NOI
Rt\1EWED 8\'. IIWS ~ - IlECO\IDlED IWL .. Dl$I( ,
x - RECO\lER!J) x cur IN CONeREf[
@ - REClMllED 1/2' IIlClN ROO ,
o . IlWlYEIlEIl 'I" IRON ROO NO ,
5 - RECOVEIlEIl 5/1' IRON ROO NO ,
. - SET 1/2' IRON ROO Il.B "_
"tb - POWiR POlL J$ SHOWN
-0- . WOOD FENCE IS SHOIIN
~ . CtWN lJH1( fENCE AS SHOWN
~ - CONClL'TE S\.O!I IS SNOWN
t~ AL TAMONTE SUR.VEYINGf~=.L~:5
~ IP~Jl - Jl '~<G- ~<C_ ,~~~=~
NOT VAlID WfTMOl1I' 1ME SlCNAlURE N<<)
'THE Omc:rNAL RAISED SEA:. or ~ FLORIDA
UCENSED SURVE1QR AND I.WJPER.
..oc1t1ONS _ 0ELEn0NS 'Ill SURVEY
....... SKEn:N!S. OR REPORTS 8\' !HER
'tHAN THE StCNlNC PARTY OR P IS
PIlONl911'ED WIlNOlIT
0; M: SIONIN P
SCALE:: 1.-30'
D - CENTllAL NIGU: (DELTA). L . ARC. R - 1IADlUS.
R/W - lInaNT OF WAY. Ale . AIR CONDmONER.
(R) . ........ (NR) . NDK--. (P) . PlAT.
~B -. ~~B~~ (~lctk~
pee . POINT OF' COIAlENCDIENT. POl . POINT ON
UNE
DRAWN 1ft: wws
""TE: ll/09/~
1HlS SICEtCH IS CEII1lFIED I'D ANO _AREJl POll THE
SOLE Nfl) EXCU/5I'IE BENEFIT or 1llE EIIlITIES _lOR
lNDMllUAl5 l.ISIIII _ SIW.I. NOr IE REIJED ON BY
_ OIHER OIIIIY OR IIlDMDUAI. ~
UNDERCROUND FllUNIlA1IONS _1<:111. 1IoIPRll\IENENT
_ NOr LDCATUl IS PART or 1HIS SUIMT. \AND
SHOWN HEIttUN WERE HaT' A8S'I'RAC'IUJ f'OR RIGHfS OF
WAYS _ t:ASIN!NTS or PU!IJC R!tORD.
JOB No.:
~ 1/15/01
r---
S'"JlffiI1CJH[ OF DJESCmlmONS
SHEET 2 OF 2 SHEE I S
EXHIBIT
i Celmpps!t(.
J EXMbrr
B
LOT 2
TUSCAWlUA 1RACT 15 PMeEL 1-C
PLAT BOOK 55, PACES 28-32
port{)" or BECINNlNG
PARCEL 1
NORTHWEST CORNER
LOT 4
S89'49'07"E 254.00'
/
PROPOSED
ftARCEl4A
D.1C.'3 N::S.
/
/
I
/
/
4?.f9/
. 4yV'A~
~~~
~ ~ '/'If>
7
/'
/
./
/
SEE SHEET 1 FOR LEGAL DESCRIPTIONS
./
.-/"
CUlM: TABlE
I.fNG111 IWllUS ~ CHOIlD BRG CHOllD
C - i -4 . 1 .' '1,.7.
C - 2 1 . 71 . It'. l' -4 1 1 "
GRAPHIC SCALE
10 0 30 10 120
kJ-...~ I
( IN FEE'!' )
1 Jnch - 80 tL
140
I
THIS IS NOT A BOUNDARY SURVEY
fALTAMONTE SURVEYINGf~=.Leu:i:i
, ~ JPJI.....A: 11 - 11 .~<t::3T ~<C_ ,~~'=!
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
AMENDMENT TO DEVELOPER'S AGREEMENT
FOR SEMINOLE TRAIL ANIMAL HOSPITAL. INC.
THIS AMENDMENT TO DEVELOPER'S AGREEMENT FOR SEMINOLE TRAIL
ANIMAL HOSPITAL INC., made and executed this _ day of ,2007,
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 SEMINOLE
TRAIL ANIMAL H OSPIT AL, IN C " a Florida Corporation ("Owner") whose address is 1491 East
State Road 434, Suite 109, Winter Springs, Florida 32708.
WITNESSETH
WHEREAS, Owner is the owner of certain real property located within the City of Winter
Springs, Florida, more particularly described herein ("Subject Property") by virtue of Quit Claim
Deed recorded in Seminole County Official Record Book 6309, Page 13; and
WHEREAS, the City Commission ofthe City of Winter Springs adopted Resolution 2006-
38, approving Owner's request to subdivide the Subject Property into two (2) separate and distinct
lots for development purposes; and
WHEREAS, the subdivided lots are more particularly depicted and legally described herein
as "Parcel 4A" and "Parcel 4B;" and
WHEREAS, the Subject Property is part of Tuscawilla Tract 15 Parcel1-C, and is subject
to a Developer's Agreement for Tuscawilla Tract 15 Parcel l-C, which is recorded in Seminole
County Official Record Book 3574, Page 0529 ("Developer's Agreement"); and
WHEREAS, as the successor in interest to the Subject Property, Owner's development of
the Subject Property is bound by and subject to the terms of the Developer's Agreement; and
WHEREAS, the Development Agreement provides that the Subject Property may contain
one (1) ground-mounted, single tenant sign from 8' in height to 8'9" in height; and
WHEREAS, given that the Subject Property has been subdivided into two (2) lots for
AMENDMENT TO DEVELOPER'S AGREEMENT
CITY OF WINTER SPRINGS / SEMINOLE TRAIL ANIMAL HOSPITAL, INC.
PAGE 1 OF 6
development purposes, Owner desires to amend the Development Agreement only with regard to the
Subject Property to permit the design, construction and location of one (1) ground-mounted, single
tenant monument sign each for Parcel4A and Parcel4B; and
WHEREAS, the City and Owner desire to memorialize in writing their mutual understanding
regarding certain aspects of the development ofthe Subject Property under the terms and conditions
set forth in this Amendment to Developer's Agreement for Seminole Trail Animal Hospital, Inc.
("Agreement"); and
WHEREAS, in addition to Owner's compliance with all provisions of the Developer's
Agreement, City Codes, permitting and construction not in conflict with or addressed herein, the City
and Owner desire to set forth the following special terms and conditions.
NOW, THEREFORE, inconsideration of the mutual promises, covenants and agreements
set forth and other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the parties agree to amend the Developer's Agreement 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.
3.0 Subject Property. The Subject Property which is subject to, and bound by, the
terms and conditions of this Agreement is legally described in "Exhibit A," attached hereto
and fully incorporated herein by this reference.
4.0 Subdivided Lots. Pursuant to Resolution 2006-38, the Subject Property was
approved by the Winter Springs City Commission to be subdivided into two (2) lots for
development purposes. Said subdivided lots are more particularly depicted and legally
described in "Composite Exhibit B," attached hereto and fully incorporated herein by this
reference ("Parce14A" and "Parcel 4B").
5.0 Representations of Owner. Owner hereby represents and warrants to the City that
Owner 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 ofthis Agreement. This Agreement will, when duly executed and delivered by
Owner and recorded in the public records of Seminole County, Florida, constitute a legal,
valid and binding obligation enforceable against Owner and the Subject Property in
accordance with the terms and conditions of this Agreement. Owner 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.
AMENDMENT TO DEVELOPER'S AGREEMENT
CITY OF WINTER SPRINGS / SEMINOLE TRAIL ANIMAL HOSPITAL, INC.
PAGE 2 OF 6
6.0 Amendment to Developer's Agreement. The City agrees to vary the signage
restrictions imposed on the Subject Property by paragraph 3.2 of the Developer's Agreement
as follows:
6.1 Parcel4A. Owner shall design, construct and install one (1) ground-mounted,
single tenant monument sign not to exceed six feet (6') in height for Parcel4A. Such
sign shall be located as depicted on the Final Engineering Plans approved by the City
Commission on April 24, 2006. The design, construction and location of the sign
shall otherwise comply with the provisions of section 3 of the Developer's
Agreement and all other applicable City Codes including, but not limited to, section
20-470, Winter Springs City Code.
6.2 Parcel4B. Subject to applicable City Codes and prior approval by the City
Commission, Owner shall be permitted to design, construct and install one (1)
ground-mounted, single tenant monument sign on Parcel4B, provided said sign shall
not exceed six feet (6') in height.
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 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 Owner 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 j urisdiction, 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 and execution of this Agreement by both parties.
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 Owner is an independent contractor and not an agent of the City. Nothing
AMENDMENT TO DEVELOPER'S AGREEMENT
CITY OF WINTER SPRINGS / SEMINOLE TRAIL ANIMAL HOSPITAL, INC.
PAGE 3 OF 6
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 Immunitv. Notwithstanding any other provision set forth in this
Agreement, 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 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,
to anyone 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. Owner 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 Partv 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 Owner or the City of
the necessity of complying with the law governing said permitting requirement, condition,
AMENDMENT TO DEVELOPER'S AGREEMENT
CITY OF WINTER SPRINGS / SEMINOLE TRAIL ANIMAL HOSPITAL, INC.
PAGE40F6
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 Owner is in breach of any term or condition of this Agreement.
22.0 Continuing Effect of Developer's Agreement. All other provisions of the
Developer's Agreement not otherwise modified by this Agreement shall remain in full force
and effect with respect to the Subject Property.
IN WITNESS WHEREOF, the parties have executed this Binding Development Agreement
as of the date first written above.
ATTEST:
CITY OF WINTER SPRINGS,
a Florida municipal corporation.
ANDREA LORENZO-LUACES,
City Clerk
JOHN F. BUSH,
Mayor
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
AMENDMENT TO DEVELOPER'S AGREEMENT
CITY OF WINTER SPRINGS / SEMINOLE TRAIL ANIMAL HOSPITAL, INC.
PAGES OF6
WITNESSES:
Seminole Trail Animal Hospital, Inc.
a Florida Corporation.
Print Name:
Douglas P. Williams,
Its President
Print Name:
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this day of
2007, by Douglas P. Williams, as President of Seminole Trail Animal Hospital, Inc., a Florida
Corporation, [ ] who is personally known to me or [ ] who has produced
as identification.
NOTARY PUBLIC, State of Florida
My commission expires:
AMENDMENT TO DEVELOPER'S AGREEMENT
CITY OF WINTER SPRINGS / SEMINOLE TRAIL ANIMAL HOSPITAL, INC.
PAGE60F6
LEGAL DESCRIPTION
Lot 4, TUSCAWILLA TRACT 15, PARCEL 1-C, according to the map or plat thereof, recorded in
Plat Book 56, Pages 29 through 32, inclusive, of the Public Records of Seminole County, Florida.
TOGETHER with those certain non-exclusive easements for gravity sewer line, lift statton and
sewer force main over and across Lot 1, TUSCAWILLA TRACT 15, PARCEL 1-C, according to
the plat thereof as recorded in Plat Book 56, Pages 29 through 32, inclusive, of the Public
Records of Seminole County, Florida, as described in that certain Cross Easement Agreement for
TUSCAWILLA TRACT 1 !3, PARCEL 1-C, by and between Robert A. Yeager, individually and as
Trustee and ZP No. 56, Limited Partnership, a Florida limited partnership, dated January 13,
1999 and recorded January 14,1999 in Of1icial Records Book 3574, Page 564, as amended in
Official Records Book 3582, Page 1443, Public Records of Seminole County, Florida.
Together with:
An Easement tor the benefit of Lot 4 as contained in the Amendment to the Declaration of
Restrictions recorded in Official Records Book 5349, Page 1939, Public Records of Seminole
County, Florida, over, under and across Lot 2, as described therein.
EXHIBIT
'" 11.
I iT
1/
/
,
SKEIDCIEi: OF ]j)&"CIDIFTIDNS
SHFET 1 OF 2 SHEETS
LEGAL DESCRIPTION
(PARCEL 4A)
A PORTION OF LOT 4, TUSCAWILLA TRACT 15, PARCEL l-C, ACCORDING TO THE PLAT THEREOF AS
RECORDED IN PLAT BOOK 56, PAGES 29-32, INCLUSIVE IN THE PUBLIC RECORDS OF SEMINOLE
COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
EXHIBIT
\1 6ampOS",t<-
~ 6x.l"l,b.T
BEGIN AT THE NORTHWEST CORNER OF LOT 4, TUSCAWILLA TRACT 15, PARCEL 1-C, ACCORDING
TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 56, PAGES 29-32, INCLUSIVE IN THE PUBLIC
RECORDS OF SEMINOLE COUNTY, FLORIDA, THENCE RUN S89'49'07"E, 254.00 FEET ALONG THE
NORTH LINE OF SAID LOT 4; THENCE CONTINUE ALONG SAID NORTH LINE. S64'27'32"E, 28.91
FEET TO A POINT ON THE EAST LINE OF SAID LOT 4 AND THE WESTERLY RIGHT OF WAY LINE OF
VISTAWILLA DRIVE (80' IN WIDTH), SAID POINT BEING ON A CURVE: CONCAVE TO THE NORTHWEST,
HAVING A RADIUS OF 710.00 FEET, A CHORD BEARING THE BEARS S32'51 '52"W, AND CHORD
DISTANCE OF 181.01 FEET; THENCE RUN SOUTHWESTERLY ALONG THE ARC OF SAID CURVE 181.50
FEET THROUGH A CENTRAL ANGLE OF 14'38'50"; THEI~CE N49'48'42"W, 174.89 FEET, DEPARTING
SAID EASTERLY LINE OF LOT 4 AND SAID WESTERLY RIGHT OF WAY OF VISTAWILLA DRIVE; THENCE
N9D'OO'DO"W, 48.42 FEET TO A POINT ON THE WESTERLY LINE OF AFORESAID LOT 4; THENCE
NOO'10'53"E, 52.45 FEET ALONG SAID WESTERLY LINE TO THE POINT OF BEGINNING.
TOGETHER WITH THOSE CERTAIN NON-EXCLUSIVE EASEMENTS FOR GRAVITY SEVIER LINE, LIFT
STATION AND SEWER FORCE MAIN OVER AND ACROSS LOT 1, TUSCAWILLA TRACT 15, PARCEL 1-C,
ACCORDING TO THE MAP OF PLAT THEREOF RECOROED IN PLAT BOOK 56, PAGES 29 THROUGH
32, INCLUSIVE OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA AS DESCRIBED IN THAT
CERTAIN CROSS EASEMENT AGREEMENT FOR TUSCAWILLA TRACT 15, PARCEL 1-C, BY AND
BETWEEN ROBERT YEAGER, INDIVIDUALLY AND AS TRUSTEE AND ZP. NO.56, LIMITED PARTNERSHIP,
A FLORIDA LIMITED PARTNERSHIP, DATED JANUARY 13, 1999 AND RECORDED JANUARY 14, 1999 IN
OFFICIAL RECORDS BOOK 3574, PAGE 564, AS AMENDED IN OFFICIAL RECORDS BOOK 3582, PAGE
1443 PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA.
LEGAL DESCRIPTION
(P,ARCEL 4B)
LOT 4. TUSCAWILLA TRACT 15, PARCEL 1 -C, ACCORDING TO THE PLAT THEREOF AS RECORDED IN
PLAT BOOK 56, PAGES 29-32, INCLUSIVE IN THE PUBLIC RECORDS OF SEMINOLE COUNTY,
FLORIDA,
LESS,
BEGIN AT THE NORTHWEST CORNER OF LOT 4, TUSCAWILLA TRACT 15, PARCEL 1-C, ACCORDING
TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 56, PAGES 29-32, INCLUSIVE IN THE PUBLIC
RECORDS OF SEMINOLE COUNTY, FLORIDA, THENCE RUN S89'49'07"E, 254.00 FEET ALONG THE
NORTH LINE OF SAID LOT 4; THENCE CONTINUE ALONG SAID NORTH LINE, S64'27'32"E, 28.91
FEET TO A POINT ON THE EAST LINE OF SAID LOT 4 AND THE WESTERLY RIGHT OF WAY LINE OF
VISTAWILLA DRIVE (80' IN WIDTH), SAID POINT BEING ON A CURVE CONCAVE TO THE NORTHWEST,
HAVING A P-ADIUS OF 710.00 FEET, A CHORD BEARING THE BEARS S32'51'52"W, AND CHORD
DISTANCE OF 181.01 FEET; THENCE RUN SOUTHWESTERLY ALONG THE ARC OF SAID CURVE 181.50
FEET THROUGH A CENTRAL ANGLE OF 14'38'50"; THENCE N49'48'42"W, 174.89 FEET, DEPARTING
SAID EASTERLY LINE OF LOT 4 AND SAID WESTERLY RIGHT OF WAY OF VISTAWILLA DRIVE; THENCE
N90'OO'OO"W, 48.42 FEET TO A POINT ON THE WESTERLY LINE OF AFORESAID LOT 4; THENCE
NOO'10'53"E, 52.45 FEET ALONG SAID WESTERLY LINE TO THE POINT OF BEGINNING.
TOGETHER WITH THOSE CERTAIN NON-EXCLUSIVE EASEMENTS FOR GRAVITY SEWER LINE, LIFT
STATION AND SEWER FORCE MAIN OVER AND ACROSS LOT 1, TUSCAWILLA TRACT 15, PARCEL l-C,
ACCORDING TO THE MAP OF PLAT THEREOF RECORDED IN PLAT BOOK 56, PAGES 29 THROUGH
32, INCLUSIVE OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA AS DESCRIBED IN THAT
CERTAIN CROSS EASEMENT AGREEMENT FOR TUSCAWILLA TRACT 15, PARCEL 1-C, BY AND
BETWEEN ROBERT YEAGER, INDIVIDUALLY AND AS TRUSTEE AND ZP. NO.56, LIMITED PARTNERSHIP,
A FLORIDA LIMITED PARTNERSHIP, DATED JANUARY 13, 1999 AND RECORDED JANUARY 14, 1999 IN
OFFICIAL RECORDS BOOK 3574, PAGE 564, AS AMENDED IN OFFICIAL RECORDS BOOK 3582, PAGE
1443 PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA.
n.ns SU~ CERTlFItD 10:
erN Of W1Ni'E:P: S?RlNCS
CURVE I LENGTH
C - 1 "-82.00'
C - 2 181.50'
CHORD 8RG
N44'59'22"E
532'51 '54"VI
CHORD
472.80'
181.01 '
BfAAlNCS J.R!: B.AStD ON nu:
NOR11i UHE 0=- lOT ..
JS 6=:tNu Nl!1r4g'orr. PER ~l.n
l!GIIL DESCRi?JlO.N FURNISH!!> eY
CUDlT {UI'.'LES5 OTHERWISE Ncm:ol
SEE SHEET 2 FOR SKETCH
THIS IS NOT A BOUNDARY SURVEY
LEGEND
,",ws
. - RECOVU!.::D 4~4w CONCRETr UONln.!ENT NOI
.A "" R::cOvtRm HAIL 6: D!S}( ;
X - RE.COVERED x em IN CONCRETE
@ - RECOVERED 1/2. IRON ROD i
o - RECOVERtD 1/2- IRON ROD NO ~
S .., P'::CO\I'ER.ED 5/S. IRON ROO NO I
. - SET 1/2- /ROW ROD ILB 6300
"tb - POWER POLE ).$ SH~
c- _ 'l\'OOD: rENCE ).$ SHOWN
--0- - CHAlN UN,.; fENCE ~ SHOWN
rED - CONCRIT:: SU.9 AS SHO....'N
o .. CENT'P.A!.. mGLE (DELTA), l - ARC. R: .. PADI\JS.
R/W - RI::>1ii OF' WAY, Ale .. IJR CCNOmONER,
(R) .. 1UOLlJ.... (HR) - NO~:-AADlA!.. (P) .. PLAT.
(M) _ MEASURm. (C) CA!...CULAn:o. (0) .. DEED,
PaB .. P01Ni OF etcINNltt::, CONe. .. CONCRffi.
poe .. paun- OF' COMYa.1CEMOO. POL. .. POINT ON
UNE
S~ '.-30'
REVISED: 2/15/05
TH!S SKtTCH IS CERTIFIED TO AND PREi'AAEO FOR THE
SOLE A"{O EXCLUSIVE SENEFlT or 'fio(E ENTmES AND/OR
INOMOUALS USTED ANn SHA!..L NOT BE RE1J::O ON BY
ANf OTHE:R OOTTY OR INDMDUAt v.'i-lO!.lSOl'ltR.
UNDERGROUND FOUNDAilmlS AND/OR tuPRQ\I't},(rnrs
wtRE NOT LOc.r.n:o ~ PART O~ 'THIS ~. LANO
SHOWN HEREON wmE NOT ~ FOR RIGHTS OF
WAYS AND/OR EASENENTS OF PUBUC RECORD.
.., AL TAMONTE SURVEYING"'Z=~~=
t ' ~ -rr- t f'HOfE: (407) 862-7555
~ JP'JI.......A,: II - II ~cG- 5' ...l.L.lL ~ <C. FAX. (407) 862-6229
r--
S-lf.E1lCJR OF DIDrnwuONS
SHE~I 2 OF 2 SHE~IS
EXHIBIT
C0mpOS!~
~ E'x;,Vblr
373
l..OT 2
TUSCAWlu.A TRACT 15 PARCEl '-C
PlAT BOOK 55, PAGES 29-32
POltrr or BEGINNING
PARCEL 1
NORTHWEST CORNER
lOT 4
S89'''9'07''E 25".00'
I
/
PROPOSED
PARCEL4A
O.60J ACS.
/
/
/
/
/
J}$/
#l': $'
"yV ~
~~~(,~
~~'l>C>
/
./
/
./
/
SEE SHEET 1 FOR LEGAL DESCRIPTIONS
/'
/
CURVE: TABLE
CURVE lENGTH RADIUS DElTA
"" I" '710.0:]' 35"53'4.7.
C - 2 1S1.50' 710.00' ,"'38'50.
CHORO BRG CHORD
N4A.'S9' -r 47 0'
S3T51'54-W 1 10"
GRAPHIC SCALE
k.--~
l:l!l
I
240
I
( IN FEET )
1 Inch - 60 ft.
THIS IS NOT A BOUNDARY SURVEY
~ ALT.AM:ONTE SURVEYING'Z=~~~
F'tiClf'E- (407) 862-7555
t~ IP'J::L.A..~<G-", ~<CD FAX,(407)862-6229
Date: January 22, 2007
The attached document was distributed by Mr.
John Baker during Regular "300" at the January
22, 2007 City Commission Regular Meeting.
~
January 22, 2007
City of Winter Springs
1126 E. State Road 434
Winter Springs, Florida 32708
To Whom It May Concern:
The Board of Directors for the Howell Creek Reserve Community Association, Inc.,
which is comprised of the Howell Creek Reserve and Eagle's Watch subdivisions held a Board
meeting on November 29, 2006 and one of the topics on the agenda was Dr. Williams signage
which has been discussed at earlier Board meetings. Attached is a letter dated July 30, 2006 in
support of Dr. Williams request to keep the signage for his veterinarian clinic towards the
existing commercial property area. The letter remains valid and Dr. Williams continues to have
the support of our Board of Directors for his signage placement. Dr. Williams building and
veterinarian practice is a valuable asset to the City of Winter Springs and the residents of
Tuscawilla. Weare asking that you please support Dr. Williams with his signage placement
request.
Please do not hesitate to contact me if you have any questions. I can be reached at work
(407 -649-4088) or home (407-977-2231). Thank you.
Sincerely,
~
Lee W. J e s
President, Howell Creek Reserve
Community Association, Inc.
cc: Dr. Paul Williams
Board of Directors, Howell Creek Reserve Community Assn.
,--
..
July 30, 2006
City of Winter Springs
1126 E. State Road 434
Winter Springs, Florida 32708
To Whom It May Concern:
The Board of Directors for the Howell Creek Reserve Community Association, Inc., which is comprised
of the Howell Creek Reserve and Eagle's Watch subdivisions is supporting Dr. Williams' request for the
signage placement of his proposed veterinarian clinic. The Board has informed the residents of our
homeowner's association as to the intent of Dr. Williams in building his clinic and the assumption that the
signage would be placed near the corner of the property adjacent to the Metro Church entrance that runs behind
the Church building.
Dr. Williams' parcel is located adjacent to our communities of Eagle's Watch and Howell Creek
Reserve on Vistawilla Drive. We have been very pleased with Dr. Williams' placement of his building and his
intent to work with us as he progresses with this project. Due to the fact that his building will have the
appearance of a residential structure rather than strict commercial appearance we support the request for signage
placement near the corner of Dr. Williams' property adjacent to the Metro Church back entrance. This would
keep his signage closer to the commercial property which is in line with existing Metro Church signage and
would then leave existing residential signage starting at Eagle's Watch as you enter Tuscawilla. By placing the
veterinarian signage within the northeast corner, it would provide the least impact on our residential area by
keeping it towards the existing commercial"" area.
Our Board of Directors was instrumental in negotiating the signage of the former Kash n Karry and we
hope the City of Winter Springs would allow us to have input regarding Dr. Williams' signage, especially since
we are directly adjacent to his property. We are seeking the least amount of impact that is possible when
commercial property meets residential property. We support Dr. Williams request to keep the signage for his
veterinarian clinic towards the existing commercial property area.
Do not hesitate to contact me if you have any questions. I can be reached at work (407-649-4088) or
home (407-977-2231). Thank you.
cc: Dr. Paul Williams
Board of Directors, Howell Creek Reserve Community Assn.
,.......................
...
Prepared by and Return to:
MARYANNE MORSE, CLERK OF CIRCUIT COURT
SEMINOLE COUNTY
BK 06580 Pgs 0754 - 761; (8pgs)
CLERK'S . 2807018728
RECORDED 02/86/2887 12:05:08 P"
RECORDING FEES 69.58
RECORDED BY G Harford
Katherine W. Latorre, Esq.
Winter Springs Assistant City Attorney
P I Brown, Garganese, Weiss & D'Agresta, P.A.
r P.O. Box 2873
Orlando, FL 32802-2873
(407) 425-9566
AMENDMENT TO DEVELOPER'S AGREEMENT
FOR SEMINOLE TRAIL ANIMAL HOSPITAL. INC.
THIS AMENDMENT TO DEVELOPER'S AGREEMENT FOR SEMINOLE TRAIL
ANIMAL HOSPITAL INC., made and executed this ~ day of ,2007,
by and between the CITY OF WINTER SPRINGS, a Florida municipal co oration ("City")
whose address is 1126 East State Road 434, Winter Springs, Florida 32708, and SEMINOLE
TRAIL ANIMAL HOSPITAL, INC., a Florida Corporation ("Owner") whose address is 1491 East
State Road 434, Suite 109, Winter Springs, Florida 32708.
WITNESSETH
WHEREAS, Owner is the owner of certain real property located within the City of Winter
Springs, Florida, more particularly described herein ("Subject Property") by virtue of Quit Claim
Deed recorded in Seminole County Official Record Book 6309, Page 13; and
WHEREAS, the City Commission of the City of Winter Springs adopted Resolution 2006-
38, approving Owner's request to subdivide the Subject Property into two (2) separate and distinct
lots for development purposes; and
WHEREAS, the subdivided lots are more particularly depicted and legally described herein
as "Parcel 4A" and "Parcel 4B;" and
WHEREAS, the Subject Property is part of Tuscawilla Tract 15 Parcel1-C, and is subject
to a Developer's Agreement for Tuscawilla Tract 15 Parcel l-C, which is recorded in Seminole
County Official Record Book 3574, Page 0529 ("Developer's Agreement"); and
WHEREAS, as the successor in interest to the Subject Property, Owner's development of
the Subject Property is bound by and subject to the terms of the Developer's Agreement; and
WHEREAS, the Development Agreement provides that the Subject Property may contain
one (1) ground-mounted, single tenant sign from 8' in height to 8'9" in height; and
WHEREAS, given that the Subject Property has been subdivided into two (2) lots for
AMENDMENT TO DEVELOPER'S AGREEMENT
CITY OF WINTER SPRINGS / SEMINOLE TRAIL ANIMAL HOSPITAL, INC.
PAGE 1 OF6
, .
development purposes, Owner desires to amend the Development Agreement only with regard to the
Subject Property to permit the design, construction and location of one (1) ground-mounted, single
tenant monument sign each for Parcel4A and Parcel4B; and
WHEREAS, the City and Owner desire to memorialize in writing their mutual understanding
regarding certain aspects of the development of the Subject Property under the terms and conditions
set forth in this Amendment to Developer's Agreement for Seminole Trail Animal Hospital, Inc.
("Agreement"); and
WHEREAS, in addition to Owner's compliance with all provisions of the Developer's
Agreement, City Codes, permitting and construction not in conflict with or addressed herein, the City
and Owner 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 to amend the Developer's Agreement 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.
3.0 Subject Property. The Subject Property which is subject to, and bound by, the
terms and conditions of this Agreement is legally described in "Exhibit A," attached hereto
and fully incorporated herein by this reference.
4.0 Subdivided Lots. Pursuant to Resolution 2006-38, the Subject Property was
approved by the Winter Springs City Commission to be subdivided into two (2) lots for
development purposes. Said subdivided lots are more particularly depicted and legally
described in "Composite Exhibit B," attached hereto and fully incorporated herein by this
reference ("ParceI4A" and "ParceI4B").
5.0 Representations of Owner. Owner hereby represents and warrants to the City that
Owner 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
Owner and recorded in the public records of Seminole County, Florida, constitute a legal,
valid and binding obligation enforceable against Owner and the Subject Property in
accordance with the terms and conditions of this Agreement. Owner 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.
AMENDMENT TO DEVELOPER'S AGREEMENT
CITY OF WINTER SPRINGS / SEMINOLE TRAIL ANIMAL HOSPITAL, INC.
PAGE 2 OF6
6.0 Amendment to Developer's Agreement. The City agrees to vary the signage
restrictions imposed on the Subj ect Property by paragraph 3.2 of the Developer's Agreement
as follows:
6.1 Parcel4A. Owner shall design, construct and install one (1) ground-mounted,
single tenant monument sign not to exceed six feet (6') in height for Parcel4A. Such
sign shall be located as depicted on the Final Engineering Plans approved by the City
Commission on April 24, 2006. The design, construction and location of the sign
shall otherwise comply with the provisions of section 3 of the Developer's
Agreement and all other applicable City Codes including, but not limited to, section
20-470, Winter Springs City Code.
6.2 Parcel4B. Subject to applicable City Codes and prior approval by the City
Commission, Owner shall be permitted to design, construct and install one (1)
ground-mounted, single tenant monument sign on Parcel4B, provided said sign shall
not exceed six feet (6') in height.
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 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 Owner 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 Cirf Commission and execution of this Agreement by both parties.
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 Owner is an independent contractor and not an agent of the City. Nothing
AMENDMENT TO DEVELOPER'S AGREEMENT
CITY OF WINTER SPRINGS / SEMINOLE TRAIL ANIMAL HOSPITAL, INC.
PAGE 3 OF 6
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 Sovereien 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,
to anyone 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 Citv's Police Power. Owner 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 Ri~hts. 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 appe::t.ls 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 Owner or the City of
the necessity of complying with the law governing said permitting requirement, condition,
AMENDMENT TO DEVELOPER'S AGREEMENT
CITY OF WINTER SPRINGS / SEMINOLE TRAIL ANIMAL HOSPITAL, INC.
PAGE40F6
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 Owner is in breach of any term or condition of this Agreement.
22.0 Continuin~ Effect of Developer's Aereement. All other provisions of the
Developer's Agreement not otherwise modified by this Agreement shall remain in full force
and effect with respect to the Subject Property.
IN WITNESS WHEREOF, the parties have executed this Binding Development Agreement
as of the date first written above.
.....','" \ \ , \ , \ , , .
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CITY OF WINTB-R~lUNGS, "" . "
a Florida munici~l~t'POI;~r~il. . :;';, '.,.
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ATTEST:
A LORENZO-LUACES,
C: Clerk
APPROVED AS TO FORM AND LEGALITY
For the use and reliance of the City of
Winter Springs, Florida only.
~:ed: l1:!:!-
Anthony A. Garganese,
City Attorney for the City of Winter Springs
AMENDMENT TO DEVELOPER'S AGREEMENT
CITY OF WINTER SPRINGS / SEMINOLE TRAIL ANIMAL HOSPITAL, INC.
PAGE 5 OF 6
WITNESSES:
Seminole Trail Animal Hospital, Inc.
a Florida Corporation.
~~
t/,'/ t..~
. ame: rl' ~1~vic K.
STATEOFFL~~~\ "'....., _
COUNTYOF~
d
The foregoing instrument was acknowledged before me thiJ.?h day ofJlt n LO I)., ,
2007, by Douglas P. Williams, as President of Seminole Trail Animal Hospital, Inc., a Fl6rida
corporati~ who is perso~ally. kn~wn to me or [ ] who has produced
as IdentIficatIOn.
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""'/1""\1\\\'"
\UV(}W1- OJiCVL
NOTARY PUBLIC, State of Florida
My commission expirestlq 2 ~l {j I U
AMENDMENT TO DEVELOPER'S AGREEMENT
CITY OF WINTER SPRINGS I SEMINOLE TRAIL ANIMAL HOSPITAL, INC.
PAGE60F6
LEGAL DESCRIPTION
Lol 4, TUSCAWILLA TRACT 15, PARCEL l-C, according to the map or plat thereof, recorded in
Plat Book 56, Pages 29 lhrough 32, inclusive, of the Public Records of Seminole County, Florida.
TOGETHER with those certain non-exclusive easements for gravity sewer line, lift station and
sewer force main over and across Lot 1, TUSCAWILLA TRACT 15, PARCEL l-C, according to
the plat thereof as recorded In Plat Book 56, Pages 29 through 32, Inclusive, of the Public
Records of Seminole COIJnty, Florida, as described in that certain Cross Easement Agreement for
TUSCAWILLA TRACT 15, PARCEL 1-C, by and between Robert A. Yeager, individually and as
Trustee and ZP No. 56, Limited Partnership, a Florida limited partnership, dated January 13,
1999 and recorded January 14,1999 in Official Records Book 3574, Page 564, as amended in
Official Records Book 3562, Page 1443, Public Records of Seminole County, Florida.
Together with:
An Easement tor the benefit of Lot 4 as contained In the Amendment to the Declaration of
Restrictions recorded in Official Records Book 5349, Page 1939, Public Records of Seminole
County, Florida, over, un,jer and across Lot 2, as described therein.
EXHIBIT
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SHEET 2 OF 2 SHEETS
EXHIBIT
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TUSCA'MUA nu.cr 11 "'ReEL '-C
PlAT lOOK SI. PACES 21-32
PROPOSED
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THIS IS NOT A BOUNDARY SURVEY
fALTAMONTE SURVEYINGf~=~~:1
,~ PII:-A:l1 - l1'~<G- ~<C_ ,~~:: ~
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FEB 2 3 2007
CITY OF WiI,
BROWN, GARGANESE, WEISS & D'AGRESTA,oi5~A~Fih
Attornrys at Law
L_ i -', (~LL' ,:-<
Debra S. Babb-Nutcher"
Joseph E. Blitch
Usher L. Brown +
Suzanne D'AgrestaD
Anthony A. GarganeseD
J.W. Taylor
Jeffrey S. Weiss
Offices in Orlando, Kissimmee, Cocoa,
Ft. Lauderdale & Tampa
Vivian Cocotas
Michael O'Brien Colgan
Scott J. Dornstein
Mitchell B. Haller
Katherine W. Latorre
Amy J. Pitsch
+Board Certified Civil Trial Lawyer
"Board Certified City, County & Local Government Law
Erin J. O'Leary
Catherine D. Reischmann
William E. Reischmann, Jr.
Of Counsel
February 21,2007
Andrea Lorenzo-Luaces, City Clerk
City of Winter Springs
1126 East State Road 434
Winter Springs, FL 32708
Re: First Modification of Binding Development Agreement/West End; and
Amendment to Developer's Agreement for Seminole Trail Animal Hospital
Dear Andrea:
Enclosed please find both originally recorded First Modification of Binding Development
Agreement/West End and Amendment to Developer's Agreement for Seminole Trail Animal
Hospital, recently received in our office. These documents are being forwarded to your office for
safekeeping.
Thank you for your attention to this matter.
rtn~# D. atta, Assistant to
Anthony a. Garganese
City Attorney
AAG/kdm
Enclosures
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
THIS AGREEMENT IS THE
VERSION THAT WENT TO THE
CITY COMMISSION AT THE JULY
26, 2006 REGULAR MEETING AS
PUBLIC HEARING 204. THE CITY
COMMISSION MADE
AMENDMENTS TO THE
AGREEMENT AT THIS MEETING
AND THE AGREEMENT WAS NOT
APPROVED.
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
AMENDMENT TO DEVELOPER'S AGREEMENT
FOR SEMINOLE TRAIL ANIMAL HOSPITAL. INC.
THIS AMENDMENT TO DEVELOPER'S AGREEMENT FOR SEMINOLE TRAIL
ANIMAL HOSPITAL INC., 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 SEMINOLE TRAIL
ANIMAL HOSPITAL, INC., a Florida Corporation ("Owner") whose address is 1491 East State
Road 434, Suite 109, Winter Springs, Florida 32708.
WITNESSETH
WHEREAS, Owner is the owner of certain real property located within the City of Winter
Springs, Florida, more particulazly described herein ("Subject Property") by virtue of Quit Claim
Deed recorded in Seminole County Official Record Book ,Page ;and
WHEREAS, the City Commission of the City of Winter Springs adopted Resolution 2006-
38, approving Owner's request to subdivide the Subject Property into two (2) sepazate and distinct
lots for development purposes; and
WHEREAS, the subdivided lots are more particularly depicted and legally described herein
as "Parcel 4A" and "Pazce14B;" and
WHEREAS, the Subject Property is part of Tuscawilla Tract 15 Parcel 1-C, and is subject
to a Developer's Agreement for Tuscawilla Tract 15 Pazcel 1-C, which is recorded in Seminole
County Official Record Book 3574, Page 0529 ("Developer's Agreement"); and
WHEREAS, as the successor in interest to the Subject Property, Owner's development of
the Subject Property is bound by and subject to the terms of the Developer's Agreement; and
WHEREAS, the Development Agreement provides that the Subject Property may contain
one (1)ground-mounted, single tenant sign from 8' in height to 8'9" in height; and
WHEREAS, given that the Subject Property has been subdivided into two (2) lots for
AMENDMENT TO DEVELOPER'S AGREEMENT
CITY OF WINTER SPRINGS / SEMINOLE TRAIL ANIMAL HOSPITAL, INC.
PAGE 1 OF 6
development purposes, Owner desires to amend the Development Agreement only with regard to the
Subject Property to permit the design, construction and location of one (1)ground-mounted, single
tenant monument sign each for Pazce14A and Pazce14B; and
WHEREAS, the City and Owner desire to memorialize in writing their mutual understanding
regarding certain aspects of the development of the Subject Property under the terms and conditions
set forth in this Amendment to Developer's Agreement for Seminole Trail Animal Hospital, Inc.
("Agreement"); and
WHEREAS, in addition to Owner's compliance with all provisions of the Developer's
Agreement, City Codes, permitting and construction not in conflict with or addressed herein, the City
and Owner 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 to amend the Developer's Agreement 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.
3.0 Subject Property. The Subject Property which is subject to, and bound by, the
terms and conditions of this Agreement is legally described in "Exhibit A," attached hereto
and fully incorporated herein by this reference.
4.0 ,~ubdiyided Lots. Pursuant to Resolution 2006-38, the Subject Property was
approved by the Winter Springs City Commission to be subdivided into two (2) lots for
development purposes. Said subdivided lots are more particularly depicted and legally
described in "Composite Exhibit B," attached hereto and fully incorporated herein by this
refercncc ("Parcel 4A" and "Parccl 4B").
5.0 Representations ofOwner. Owner hereby represents and warrants to the City that
Owner 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
Owner and recorded in the public records of Seminole County, Florida, constitute a legal,
valid and binding obligation enforceable against Owner and the Subject Property in
accordance with the terms and conditions of this Agreement. Owner 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.
AMENDMENT TO DEVELOPER'S AGREEMENT
CITY OF WINTER SPRINGS / SEMINOLE TRAIL ANIMAL HOSPITAL, INC.
PAGE 2 OF 6
6.0 Amendment to Developer's Agreement. The City agrees to vary the signage
restrictions imposed on the Subject Property by paragraph 3.2 of the Developer's Agreement
by allowing the design, construction and location of one (1)ground-mounted, single tenant
monument sign each for Parcel 4A and Parcel 4B, as such lots are depicted in "Composite
Exhibit B." The design, construction and location of the signs shall otherwise comply with
the provisions of section 3 of the Developer's Agreement and all other applicable City Codes
including, but not limited to, section 20-470, Winter Springs City Code.
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 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 Owner 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 and execution of this Agreement by both parties.
13.0 Recordation. This Agreement shall be recorded in the public records of Seminole
County, Florida, and shall run with the land.
14.0 Relationshigof the Parties. The relationship of the parties to this Agreement is
contractual and Owner 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
AMENDMENT TO DEVELOPER'S AGREEMENT
CITY OF WINTER SPRINGS / SEMINOLE TRAIL ANIMAL HOSPITAL, INC.
PAGE 3 OF 6
judgment. Further, the City shall not be liable for any claim or judgment, or portion thereof,
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 pazagraph shall
survive termination of this Agreement.
16.0 City's Police Power. Owner 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 thc 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 DeveloQment 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 Owner 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 Owner is in breach of any term or condition of this Agreement.
22.0 Continuing Effect of Developer's Agreement. All other provisions of the
Developer's Agreement not otherwise modified by this Agreement shall remain in full force
and effect with respect to the Subject Property.
AMENDMENT TO DEVELOPER'S AGREEMENT
CITY OF WINTER SPRINGS / SEMINOLE TRAIL ANIMAL HOSPITAL, INC.
PAGE 4 OF 6
IN WITNESS WHEREOF, the parties have executed this Binding Development Agreement
as of the date first written above.
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
AMENDMENT TO DEVELOPER'S AGREEMENT
CITY OF WINTER SPRINGS / SEMINOLE TRAIL ANIMAL HOSPITAL, INC.
PAGE 5 OF 6
WITNESSES:
Print Name:
Print Name:
STATE OF FLORIDA
COUNTY OF
Seminole Trail Animal Hospital, Inc.
a Florida Corporation.
Douglas P. Williams,
Its President
The foregoing instrument was acknowledged before me this day of ,
2006, by Douglas P. Williams, as President of Seminole Trail Animal Hospital, Inc., a Florida
Corporation, ( ] who is personally known to me or [ J who has produced
as identification.
NOTARY PUBLIC, State of Florida
My commission expires:
AMENDMENT TO DEVELOPER'S AGREEMENT
CITY OF WINTER SPRINGS / SEMINOLE TRAIL ANIMAL HOSPITAL, INC.
PAGE 6 OF 6
THIS AGREEMENT IS THE FULLY
EXECUTED VERSION. THIS
AGREEMENT FIRST WENT TO THE
CITY COMMISSION AT THE JULY
26, 2006 REGULAR MEETING AS
PUBLIC HEARING 204. A MOTION
WAS MADE BY THE COMMISSION
TO MAI~~ AMENDMENTS TO THE
AGREEMENT. THE AGREEMENT
THEN CAME BACK TO THE CITY
COMMISSION AT THE JANUARY
22, 2007 REGULAR MEETING AS
REGULAR 300. THE AGREEMENT
WAS APPROVED AT THIS
MEETING.
~ N~NNMN~N~Nr~M~~Nr~NN~I^
Prepazed by and Return to:
Katherine W. Latorre, Esq.
Winter Springs Assistant City Attorney
Brown, Gazganese, Weiss & D'Agresta, P.A.
P.O. Box 2873
Orlando, FL 32802-2873
(407)425-9566
MARYWME MORSE, CLERK ~ CIRCUIT COURT
SEMINOLE COUNTY
BK 86588 Pgs 8754 - 761; (8pgs)
CLERK'S ~ 2A1~7ALA72~
RECORDED 82/86/2887 12:85:88 PM
RECORDING FEES 69.5A
RECORDED HY G Hayford
AMENDMENT TO DEVELOPER'S AGREEMENT
FOR SEMINOLE TRAIL ANIMAL HOSPITAL. INC.
THIS AMENDMENT TO DEVELOPER'S AGREEMENT FOR SEMINOLE TRAIL
ANIMAL HOSPITAL INC., made and executed this ~ day of , 2007,
by and between the CITY OF WINTER SPRINGS, a Florida municipal coy oration ("City")
whose address is 1126 East State Road 434, Winter Springs, Florida 32708, and SEMINOLE
TRAIL ANIMAL HOSPITAL, INC., a Florida Corporation ("Owner") whose address is 1491 East
State Road 434, Suite 109, Winter Springs, Florida 32708.
WITNESSETH
WHEREAS, Owner is the owner of certain real property located within the City of Winter
Springs, Florida, more particulazly described herein ("Subject Property") by virtue of Quit Claim
Deed recorded in Seminole County Official Record Book 6309, Page 13; and
WHEREAS, the City Commission of the City of Winter Springs adopted Resolution 2006-
38, approving Owner's request to subdivide the Subject Property into two (2) sepazate and distinct
lots for development purposes; and
WHEREAS, the subdivided lots aze more particularly depicted and legally described herein
as "Pazce14A" and "Parcel 4B;" and
WHEREAS, the Subject Property is part of Tuscawilla Tract 15 Parcel l-C, and is subject
to a Developer's Agreement for Tuscawilla Tract 15 Parcel 1-C, which is recorded in Seminole
County Official Record Book 3574, Page 0529 ("Developer's Agreement"); and
WHEREAS, as the successor in interest to the Subject Property, Owner's development of
the Subject Property is bound by and subject to the terms of the Developer's Agreement; and
WHEREAS, the Development Agreement provides that the Subject Property may contain
one (1)ground-mounted, single tenant sign from 8' in height to 8'9" in height; and
WHEREAS, given that the Subject Property has been subdivided into two (2) lots for
AMENDMENT TO DEVELOPER'S AGREEMENT
CITY OF WINTER SPRINGS / SEMINOLE TRAIL ANIMAL HOSPITAL, INC.
PAGE 1 OF 6
development purposes, Owner desires to amend the Development Agreement only with regard to the
Subject Property to permit the design, construction and location of one (1)ground-mounted, single
tenant monument sign each for Parcel 4A and Parcel 4B; and
WHEREAS, the City and Owner desire to memorialize in writing their mutual understanding
regarding certain aspects of the development of the Subject Property under the terms and conditions
set forth in this Amendment to Developer's Agreement for Seminole Trail Animal Hospital, Inc.
("Agreement"); and
WHEREAS, in addition to Owner's compliance with all provisions of the Developer's
Agreement, City Codes, permitting and construction not in conflict with or addressed herein, the City
and Owner 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 to amend the Developer's Agreement as follows:
1.0 c' a s. The foregoing recitals are hereby incorporated herein by this reference
and deemed a material part of this Agreement.
2.0 utl-o~ This Agreement is entered into pursuant to the Florida Municipal
Home Rule Powers Act.
3.0 Subject Propel The Subject Property which is subject to, and bound by, the
terms and conditions of this Agreement is legally described in "Exhibit A," attached hereto
and fully incorporated herein by this reference.
4.0 ,~ykdiv}ded Lots. Pursuant to Resolution 2006-3.8, the Subject Property was
approved by the Winter Springs City Commission to be subdivided into two (2) lots for
development purposes. Said subdivided lots are more particularly depicted and legally
described in `Composite Exhibit B," attached hereto and fully incorporated herein by this
reference ("Parcel 4A" and "Parcel 4B'~.
5.0 Representations of Owner. Owner hereby represents and warrants to the City that
Owner 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
Owner and recorded in the public records of Seminole County, Florida, constitute a legal,
valid and binding obligation enforceable against Owner .and the Subject Property in
accordance with the terms and conditions of this Agreement. Owner 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.
AMENDMENT TO DEVELOPER'S AGREEMENT
CITY OF WINTER SPRINGS / SEMINOLE TRAIL ANIMAL HOSPITAL, INC.
PAGE 2 OF 6
6.0 Amendment to Develo~gr's Agreement. The City agrees to vary the signage
restrictions imposed on the Subj ect Property by paragraph 3.2 of the Developer's Agreement
as follows:
6.1 Parcel 4A. Owner shall design, construct and install one (1)ground-mounted,
single tenant monument sign not to exceed six feet (6') in height for Parcel 4A. Such
sign shall be located as depicted on the Final Engineering Plans approved by the City
Commission on Apri124, 2006. The design, construction and location of the sign
shall otherwise comply with the provisions of section 3 of the Developer's
Agreement and all other applicable City Codes including, but not limited to, section
20-470, Winter Springs City Code.
6.2 Parcel 4B. Subject to applicable City Codes and prior approval by the City
Commission, Owner shall be permitted to design, construct and install one (1)
ground-mounted, single tenant monument sign on Farcel4B, provided said sign shall
not exceed six feet (6') in height.
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 Anolicable 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 Agreett~ent. This Agreement supersedes any other agreement, oral or written,
and contains the entire agreement between the City and Owner as to the subject matter
hereof.
11.0 Severabilit~ 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 and execution of this Agreement by both parties.
13.0 Recordation. This Agreement shall be recorded in the public records of Seminole
County, Florida, and shall run with the land.
14.0 RelationshiF of the Partles. The relationship of the parties to this Agreement is
contractual and Owner is an independent contractor and not an agent of the City. Nothing
AMENDMENT TO DEVELOPER'S AGREEMENT
CITY OF WINTER SPRINGS / SEMINOLE TRAIL ANIMAL HOSPITAL, INC.
PAGE 3 OF 6
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,
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 dollazs ($200,000.00). This paragraph shall
survive termination of this Agreement.
16.0 Cm's Police Power. Owner 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 bazgaining 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 Pgrty 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 ecific 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 inequity.
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 bylaw.
21.0 Development Permfts. 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 Owner or the City of
the necessity of complying with the law governing said permitting requirement, condition,
AMENDMENT TO DEVELOPER'S AGREEMENT
CITY OF WINTER SPRINGS / SEMINOLE TRAIL ANWIAL HOSPITAL, INC.
PAGE 4 OF 6
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 Owner is in breach of any term or condition of this Agreement.
22.0 Continuing Effect of Developer's Agreement. All other provisions of the
Developer's Agreement not otherwise modified by this Agreement shall remain in full force
and effect with respect to the Subject Property.
IN WITNESS WHEREOF, the parties have executed this Binding Development Agreement
as of the date first written above.
ATTEST:
,,
n ~
'-~1~.~,~' .
..
CITY OF WINTF'It ~>~v'GS, W
•',
a Florida munici~~1,,C~pzpot~t'~r~. ',~ ~,
~, . ~,,. ~
•~: ~, ;
I `-7 _ .
IDEA LORENZO-LUACES,
Clerk
,, v ~, .
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~~
., ,, ~~..
F. BUSK,, ~ ~ 1+~ ~ .• r
.j /ie7 a
APPROVED AS TO FORM AND LEGALITY
For the use and reliance of the City of
Winter Springs, Florida only.
Dated: ~ a~ 07 _
By:
Anthony A. Garganese,
City Attorney for the City of Winter Springs
AMENDMENT TO DEVELOPER'S AGREEMENT
CITY OF WINTER SPRINGS / SEMINOLE TRAIL ANIMAL HOSPITAL, INC.
PAGE 5 OF 6
WITNESSES:
STATE OF FL A
COUNTY OF
The foregoing instrument was acknowledged before me thi~h day of ~ ~ ~ ~
2007, by Douglas P. Williams, as President of Seminole Trail Animal Hospital, Inc., a Fl rida
Corporation, (~ who is personally known to me or [ J who has produced
as identification.
i
~ ) ,
``\~~~~~~K1 ~~
~. ~~ ~
'''
~~ NOTARY PUBLIC, State of Florid
My commission expires /~
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AMENDMENT TO DEVELOPER'S AGREEMENT
CITY OF WINTER SPRINGS / SEMINOLE TRAIL ANIMAL HOSPITAL, INC.
PAGE 6 OF 6
Seminole Trail Animal Hospital, Inc.
a Florida Corporation.
~~ ~-~
ame: ~~~ ((..
LEGAL DESCRIPTION
Lot 4, TUSCAW ILLA TRACT 15, PARCEL 1-C, according to the map or plat thereof, recorded in
Plat Book 56, Pages 29 through 32, inclusive, of the Public Records of Seminole County, Florida.
TOGETHER with those certain non-exclusive easements for gravity sewer line, lift station end
sewer force main over and across Lot 1, TUSCAW ILlJ1 TRACT 15, PARCEL 1-C, according to
the plat thereof es recorded in Plat Book S8, Pages 29 through 32, inclusive, of the Public
Records of Seminole County, Florida, as described in that certain Cross Easement Agreement for
TUSCAWILLA TRACT 15, PARCEL 1-C, by and between Robert A. Yeager, individually and as
Trustee and ZP No. 56, Limited Partnership, a Florida Ifmited partnership, dated January 13,
1999 and recorded January 14, 1999 in Official Records Book 3574, Page 564, as amended in
Official Records Book 3582, Page 1443, Public Records of Seminole County, Florida.
Together with:
An F~sement for the benefit of Lot 4 ns contained In the Amendment to the Declaration of
Restrictions recorded In Official Records Book 5349, Page 1939, Public Records of Seminole
County, Florida, over, under and across Lot 2, as described therein.
EXHIBIT
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1 lash • t!O !t THIS IS NOT A BOUNDARY SURVEY
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FEB 2 3 2007
CITY OF' Wu;
BROWN, GARGANESE, WEISS & D'AGRESTA,°~IC~°~'''` `~' ' ' "'"`
Attorneys at Lain
Debra S. Babb-Nutcher°
Joseph E. Glitch
Usher L. Brown
Suzanne D'Agresta°
Anthony A. Garganese°
J.W. Taylor
Jeffrey S. Weiss
Offices in Orlando, Kissimmee, Cocoa,
Ft. Lauderdale & Tampa
Vivian Cocotas
Michael O'Brien Colgan
Scott J. Domstein
Mitchell B. Haller
Katherine W. Latorre
Amy J. Pitsch
'board Certified Civil Trial Lawyer
"Board Certified City, County & Local Government Law
February 21, 2007
Andrea Lorenzo-Luaces, City Clerk
City of Winter Springs
1126 East State Road 434
Winter Springs, FL 32708
Erin J. O'Leary
Catherine D. Reischmann
William E. Reischmann, Jr.
Of Counsel
Re: First Modification of Binding Development AgreementlWest End; and
Amendment to Developer's Agreement for Seminole Trail Animal Hospital
Dear Andrea:
Enclosed please find both originally recorded First Modification of Binding Development
Agreement/West End and Amendment to Developer's Agreement for Seminole Trail Animal
Hospital, recently received in our office. These documents are being forwarded to your office for
safekeeping.
Thank you for your attention to this matter.
Very
I~ris~ D`.'~Glatta, Assistant to
Anthony a. Garganese
City Attorney
AAG/kdm
Enclosures
225 East Robinson Street, Suite 660 • P.O. Box 2873.Orlando, Florida 32802-2873
Orlando (407) 425-9566 Fax (407) 425-9598 • Kissimmee (321) 402-0144 • Cocoa (866) 425-9566 • Ft. Lauderdale (954) 670-1979
Website: www.orlandolaw.net • Email: firmQorlandolaw.net