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Home My WebLink About2000 04 10 Regular G Mast Arm Design COMMISSION AGENDA ITEM G Consent Information Public Hearin Re ula r xx April 10. 2000 Meeting MGR. ~ ID~ REQUEST: Community Development Department, Land Development Division, presents to the Commission the Mast Arm Design (to be included in Exhibit "B" of the Developer's Commitment Agreement) and the developer's reply to the selection of the roof tiles as it relates to the proposed Eckerd's Drugstore. PURPOSE: The purpose of this agenda item is to present to the Commission the Mast Arm Design and the developer's reply to the selection of the roof tiles as it relates to the proposed Eckerd's Drugstore to be constructed at the northwest corner of the intersection ofSR 434 and SR 4l9. FINDINGS: l) The Commission, at their meeting of February 28,2000, requested that the Mast Arm Design be brought back before the Commission for approval. This design will be included in Exhibit "B" of the Developer's Commitment Agreement. 2) The mast arm design is the "Nostalgia" motif 3) The Commission, at their meeting of February 28,2000, had voiced that the color "MCS - PEACOCK" was the preferred roof color. The developer has stated that Eckerd have rejected this color "and would like to keep in line with their verigated blue shade instead of a color more green like the peacock." RECOMMENDA TION: The recommendation is that the Commission. approve the Mast Arm Design (Nostalgia Motif) and to give Staff direction on the roof tile color to be incorporated into the Developer's Commitment Agreement. April 10,2000 REGULAR AGENDA ITEM G Page 2 ATTACHMENTS: A - Mast Arm Design B - Facsimile from Bob Fike (UNICORP National Developments, Inc., to Charles Carrington dated March 31, 2000 C - February 28,2000 Commission Meeting Minutes COMMISSION ACTION: ATTACHMENT A ( ARM LENGTH AS DIRECTED VERIFY VERIFY TENON SIZE AND PROJECTION AS DIRECTED BY CLIENT TO COORDINATE SIGNAL CONFIGURATION I Co' r- .i-l__, I ,'-'\ I I I , I I '.." _.I I I .... _, I J, \ I I \ I I , ,_~" I I _ I I " ... , : { --'+- SIGNAL BY ~ >___-/ J OTHERS ~ , ,'- I I ( 'I J t I I " J I ....... I I ~-, I I ( \ I I \ I I I ......... I I .....-...... I I I \ I r I II : \, __" I L_____.J SPECIFICATION REQUIREMENTS Pole Height Luminaire Style Lamp Source Mast Arm Size v ,5/S" 0 SLOT MIN. 4" BOLT OPENING BASE PLATE 22-C FP-199 LAMP ASSEMBLY 21- C 19-C I~-C a I -"" 13-C ADJUSTABLE 18 GA. FLUTED JACKET 8.G2!S"0 x O.S'WALL STRAIGHT STEEL SUPPORT POLE 10-8/21 8ASE l- N 21" J VI-B21-TSjF VISCO 29579 Awl1rey L3ne / Eugene, Oregon 97402 . (503) 688-7741 . 800-341-1444 . Fax (503) 461-0951 ..>-.. _I I N ~ I N ,i'- '- II) ILl ii: ~ 4.2 - N -..... r- N , ~ VISCO 2'- 2" SERIES "A-9" BASE SPLIT l' !?3/4" I - IT) I ~ j . o:r- -' (\J - ,.., [ t 25" t 29579 Awbrey Lane / Eugene. Oregon 97402 . (503) 688-7741 . 800-341-1444 Fax (503) 461-0951 1'4) I, 1 2'- SERIES IIB-21-9" BASE SPLIT SERIES ('B9/25" BASE SPLIT r (Q) o ~ 0 I / - x--- ACCESS I ~ 2'. 4" I---~')" DOOR ~ , "1 2' - 7Y2" . 6~2" '1~~~~D{ I~~ S J~~~1 ~ 6 ~2"~ A-2 o A-3 .1:. ..~~. 0 0 0 I I 3'-3}4" I ~'"- (] . ~~~~~I --. ~~~~~ ~ ,i~~~~~ 1 , . - N A-4 A-5 VISCO 1.6 ) 29579 Awbrey lane / Eugene. Ore~on 97~.~3) 688-7741 . 800-341-1':~~~ (50~~_~~~-?~_~1._ ... ., -i '"v ri>' ..., N . -'- CD ..., . N -, CO 16 \12" TYPE:TIl 118 W/V19 FP-IIO FINIAL . LAMP BY OWNER --FP- 118 POLY- CARB GLOBE -TYPE n REFRACTOR NOTE: ASSEMBLY BECOMES - TYPE :;z: WHEN REFRACTOR NOT USED 'REFRACTOR SUPPORT SOCKET ASSEMBLY BALLAST AND SUPPORT BRACKET v- 21 ALUM. FITTER WEEP HOLE v - 19 ALUM. ADPTOR VISCO 29579 Awbrey Lane / Eugene. Oregon 97402 . (503) 688-7741 . 800-341-1444 . Fax (503) 461-0951 / ~.~) ATTACHMENTB f'\'ia t- - 31 - 00 1 Z : ZIP '# L-' .- r---l ? -::: '-'0 _ p. __ v' __ ___ - -:,- 17 ~ J \ ? p c.. ?J31 ;-,:lnl (('111'0~: ~(;nrl_ ~11;t(, ISO l):lundo, J71(.n~Ll 32;'; 1 J i'i07~ Y~9.9S8:l :40-:-1 ~1~:9,9SG1 .;"\r_ RECEIVED l',,"ICORf' :-\AT10i'L\J. DF.VELUPI\IENT.<;, ['..;c. 1\1 " t: n i ~ Z n 0 0 . I,t., i\ '- I .... Do O} 1 0 ,. 1 aCSlllll A -r~e~ 11"'~ (.:::~ TY", -; 1-"+""U v ,~)1 u.1.i..).:5i..iL .id. vLc CITY OF WINTER SPRINGS Community Development To: Cha.rles Carrington _!_l ;~:\: 327-71tlU From: Bob Fike ~J;: t.:;~ Murch 31, 20UO fh:: F;l.:kcrci 419/n'1 :r ilg(.J$;: cc: o C'rg-ent o Fol' Kevit'w o P1Cll:;..(: (~nf))r't::::-nt [] Plc.:L.<iC Reply 0 Plc<J.SC R~ycl~' . . 1'io~ : Subs0qLt(.mt. to Otu' convcrs<.llioll, I helve sl)()ke~ \\ith EckcnJ reg8.rrung thl' approve-d "lX'acock" colored tile: roof th:.lt W8-S pr(;viously approved fiif th,i~ project, \~'hile they ha\'0. agreed to rne.:1Y concessions regarding this prqject, they hm.'e rejecrcd th~ abo\'e i' ;1(i '':<iuid like to keep in line with their veligatcd bI ne shade i!1stcnd of a (';dc!. ntOrc green like the "pcac(x:k". I would appreciate your advise as it, wh::11 steps ;:J'C ne!(;et'sary ancl/oI' required for llS to take: in order t.o alter the pJ':~'..i()u~I,Y approved color and come ttJ an agrCCnlp.nt on a color ilWr~ typical aftlle.ii' st.andRrd blue. I look fOr\\'ard to rli.'SC1JSsi.ng this Oliltt,'1" \I'.it11 you, pl~8.se contad me by !llobjk~ at (407) 471-2317 at YOU!" clIll\'p.nieJll:'C'. . . . . . . , v _ . . . . . . . . . . .. . . . . . . . . ATTACHMENT C CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - FEBRUAR Y 28, 2000 Page 140fl9 VOTE: DEPUTY MAYOR GENNELL: AYE COMMISSIONER McLEOD: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. VI. REGULAR A. Community Development Department - Land Development Division Presents To The Commission, For Their Action, The Recommendation Of The Planning And Zoning Board As It Relates To The Fin:ill Engineering For Eckerd Drug Store. Mr. Don LeBlanc, Land Development Coordinator gave a brief history on this project, and spoke of variances; that the sign would be moved to the same side as the ctrive-thru window. Discussion began on the subject of roof tile colors. Mr. Robert Fike. representing Unicorp National Developments. Illc.. the owner of the site; spoke of landscaping; design changes; and water features. Regarding the roof tile color, Mr. Fike showed his preference of a particular shade of blue. Commissioner McLeod spoke of the concessions made and Manager McLemore commended Mr. Fike and his associates for their cooperation with this project. Discussion ensued on the backing out room of parking spaces, and Mr. Mark Jenkins, City Engineer addressed the size of a four-foot lane width. Deputy Mayor Gennell asked that Staff look into this, for future projects. Manager McLemore mentioned his preference of a greener tone of blue, as the color for the roof tile, which he felt would be more appealing, along the corridor. Commissioner Martinez commended the City and Staff, along with the Developer for all of their coordinated efforts. Members of the Commission then addressed the November 22nd Minutes; size of signage allowed; portions of the Developer's Agreement along with including the necessary information, as noted in the related attachments; pictorial diagrams; the $200,000 that the City will pay, and informing the Commission of this detail. Tape 2/Side B Mr. Ronald Henson II. P.E., representing Design Service Group. Inc. spoke on the improvements to be included in this project; and related funding. Discussion ensued about sidewalks; location of the retaining wall; bicycle racks; size of the planned store; and the developer's agreement. '!' ( ( CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 28, 2000 Page 15 of 19 Commissioner Martinez asked that pnor information on any additional monies be provided, prior to the meeting. Further dis~ussion followed regarding a park-like setting; mature trees; water features; the sizes of the berms; brick pavers; what the $200,000 will include (mast arm and an upgraded base), and that more information on the mast-arm facilities should be brought back to the Commission; the angle and make-up of the intersection; allocations for those monies; and details on the previously planned wall. There were additional comments about "the wall going away". Mayor Partyka said, "Let the record show that - in public, Commissioner Martinez will let Commissioner McLeod know" . Further comments included discussion about the Planning and Zoning Board's Motion; the "thrust restraint"; and tree replacements. "I MAKE A MOTION TO APPROVE FINAL ENGINEERING - ITE~ 'Am. MOTION BY COMMISSIONER MARTINEZ. SECONDED. DISCUSSION. VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE DEPUTY MAYOR GENNELL: AYE MOTION CARRIED. Discussion ensued on developer's agreements; the current Ordinance; and quality. Attorney Garganese added "At this point, you would need a separate Motion to approve the Development Agreement, as amended. I'll change the third 'Whereas' clause to reflect the minutes of November 22nd". Attorney Garganese then said, "There are two (2) types of Development Agreements - you have a Chapter 163 Development Agreement, which requires two (2) Public Hearings, then you have a Municipal Home Rule Powers Developers Commitment Agreement which does not require the two (2) Public HeaJings - it's a different type of agreement". Attorney Garganese then added, Chapter "163 has an enumerated list of requirements, that this type of agreement doesn't have, and I'd have to go into the Statute to list them. This is more of a simplified agreement between the City and a developer, to address the Variances that were approved pursuant to your 434 Corridor Ordinance". Further discussion ensued on signage; exhibits, drawings of the mast arm; and agreements. "I MAKE A MOTION TO AUTHORIZE THE CITY MANAGER TO ENTER INTO A DEVELOPERS AGREEMENT WITH 'ECK-WINTER SPRINGS 9, INC.', SUBJECT TO ADDITIONAL LANGUAGE INCLUDING THE SPECIFIC ( ( CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 28, 2000 Page 16 of 19 ALLOWED SQUARE FOOT AGE OF THE SIGNAGE, THE PLACEMENT OF THE SIGNAGE, THE HEIGHT OF THE SIGNAGE, AND THE HEIGHT OF THE LETTERS OF THE SIGN AGE, AND SPECIFIC TO THE MANAGER BRINGING BACK TO US FOR FINAL APPROV AL, THAT INFORMATION WHICH WOULD BE IN EXHIBIT 'B', WHEN IT IS F~CEIVED, THAT BEING THE MAST ARM DESIGN IN THE INTERSECTION, WHICH MEANS ITS APPROVED, BUT WHEN THOSE DESIGNS COME BACK IN, YOU HAVE TO BRING THEM BACK BEFORE US, TO GET THOSE APPROVED, FOR DESIGN PURPOSES ONLY". MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER McLEOD. DISCUSSION. Dialogue followed on the roof and related tile colors. Mr. LeBlanc showed the various color selections individually to members of the Commission.. Deputy Mayor Gennell stated, "Mr. Mayor, Point of Order. I believe, in the Corridor - in the Corridor design guidelines we do have specifics on color". With consensus of the Commission, the preferred roof color was "MCA - PEACOCK". VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER MARTINEZ: . AYE MOTION CARRIED. Mayor Partyka then thanked everyone involved in this effort. B. Community Development Department - Code Enforc~ement Division Requests The City Commission Review Information Rel:ative To The Need For One Additional Code Enforcement Staff Position And To De:termine Alternate Funding Options. Members of the Commission discussed funding; and whether this Agenda Item should be postponed until Commissioner Robert S. Miller was in attendance. The consensus of the Commission was to act on this Agenda Item now. Ms. Cook spoke on behalf of the Code Enforcement Department and discussed current practices; new duties; landscaping; negotiations; more time being spent on administrative matters; proactive and reactive procedures; what a new Code Enforcement Inspector would be able to do; duties of this new position; and enforcement of new policies. Members of the Commission spoke on matters including being proactive; supervision; the duties of Mr. Mike Mingea (Environmental Inspectorl Arborist); advice; developing of the Green Plan; educational benefits being provided to the: community; funding; filling the position via supplemental appropriations; being proactive; cross training; additional staffing; the budget period; and finding the right person for this position. I, : .":' '~-':.~'. ~ ..~~l:" ':~:~4~~~~;;~~~;~':~i::~=:J'::S;::~~~_:'~:~~~4~~- ":..:~~:~:-\J~~~~,.;~~;.t:"'~_:,;. .' . ::;::. ._.;:4r ~:"~-~:,~.~~~~~~,~:~,.~~.,..,,.':; __'':'_~' ~'~~1 j:~~~::..: CbtNICORP Q{lATIONAL o EVE lOP ~l E 1> T S, I 1> ( . April 7, 2000 VIA HAND DELIVERY Mr. Donald LeBlanc Land Management City of Winter Springs 1126 East State Road 434 Winter Springs, FL 32708 RE: New Eckerd Drugstore at SR 434 and CR 419, Winter Springs Developer's Agreement Dear Mr. LeBlanc: Enclosed please find the original Developer's Agreement that needs to be executed on behalf of the City of Winter Springs. Once executed, please return the original to our office so that we may file it with the Public Records of Seminole County. Should you have any questions regarding this matter, please contact Bob Fike at your convenience. Sincerely, ~hVLS ,^CtQCS Chris Vickers Icv C \\~ o~ ~\r:i ;/ ~A u(.- ~\O( W "~~ ~:~-~ www.undinc@aol.col1l 530 I Conroy Road, Suite 180 .:. Orlando, Florida 32X II OFFICE 407.999.9985 FAX 407.999.9961 APR-OS-OO 04:22PM FROM-ASE17010RL + T-223 P.04/14 F-S48 Th~s ins~rumen~ prepared by and af~er recording return ~o: Dwigh~ D. Saachoff, rsq. Akennan, Sent:erfit:~ & Eidson, P'.A. 255 Souch Orange Avenue Orlando, Florida 32801 - - - - - - - - - - - - - - - - - - - - - [SPJlCE }'.BOVE THIS Lnli: fOR RECQR:>ING DATAl - - - - - - - - - - - - - - - - - - - - - DEVELOPER'S COMMITMENT AGREEl\1ENT (Eckerd's ar Sure Road 434/State &oad 419) TIllS DEVELOPER'S COMMITMENr AGREEMENT ("Agreement") made and entered into rhis _ day of . by and between the ECK-WINTER SPRINGS 9, INC., a Florida corporation (hereinafter the "Developer") alld rbe CITY OF WINTER SPRINGS, a Florida municipal corporation (hereinafter the "City"). W I T N E ~ ~ E T H: WHEREAS, Developer owns or controls lands located in me CiI)' of Winter Springs, Florida more fully described in Exhibit "A ", attached hereto and made ~ part hereof (rbe "Propeny"); WHEREAS, Developer intends to develop the Property for an Eckerd Drug Store (the .. Store"); WHEREAS, at itS meeting held on November 22, 1999 (the "Hearing"), the Ciry Conunission approved of the Developer's request for a variance (collectively, the "Variance") from (i) Section 454(d)(4) and (6), and (ii) Section 20-457(12), both ofthe SR 434 Corridor Vision Plan, New Development Area ("Vision Plan"); WHEREAS, at: the Hearing the City Commission agreed ro approve of the Variance conditioned upon Developer entering into a "Development Agreement" in accordance with Section 20-458 of the Vision Plan; said Development Agreement to evidence Developer's comminnem to include enhanced perimeter landscaping or buffering to assure that the objectives of the ordinance are achieved: 0R235665;7 APR-05-00 04:22PM FROM-ASEI7010RL + T-223 P.OS/14 F-S48 WHEREAS, it is the desire of the parties to enter into this Agreement to satisfy and implement the requirement for entering moo a "Development Agreement" as comemplated in the preceding recital paragraph; and WHEREAS, subsequent to the Hearing, the Ciry and Developer have elected ro address in this Agreemem nor only the granting of the Variance but also certain orher conuniunems, agreementS and issues agreed upon by the parties including, but not necessarily limited to, architecrural guidelines for the Smre and the construction of a mast: arm traffic signal at me intersection of SR 434/SR 419. NOW, THEREFORE, for and in consideration of the mutual undertakings and agreements herein contained, Developer and City hereby covenant and agree as follows: SECTION 1 SIGN V ARlANCE The City hereby acknowledges its approval of the Variallce. which Variance is specifically summarized as follows: (i) to allow building mounted signage to be constructed higher than 14', but not in excess of 23 '; (ii) to increase me allowed copy area from 16 square feet to 72.2 square feet; (iii) to increase the letter height on me sign from 24" ro 28"; and (iv) to allow a drive-rhru pick-up window to face SR 434. SECTION 2 LANDSCAPE ENHANCEMENT 2.1 Design Plans and Requirements. Developer has submirred Site Construction Plans for the Store prepared by Design Service Group, Inc. and approved by the City Commission on February 28,2000 ("Plans"). The Plans include page 13 of 14 which contain the landscape plans for the Store ("LandScape Plans"). By its approval of the Land.scape Plans, the City Commission aCknowledges Developer's compliance wim the requirement [Q provide the landscaping enhancementS or buffering for the Store required by the City Commission at the Hearing and as otherwise contemplated or required under Section 20-458 of the Vision Plan. 2.2 Parking Spaces. In order to save some of the e~xisting trees on the Property, and to improve the physical appearance of the Property after it is de'veloped, me City hereby approves of a variance from itS regulations [Q allow for more man ten (10) continuous parking spaces in a row as shown on the Plan. 0R235665:7 2 APR-OS-OO 04:22PM FROM-ASE17010RL + T-223 P.06/14 F-S48 SECTION 3 ARCffiTECTURAL CONTROLS The City has requested Developer rv design the Store consistent with certain aestheric guidelines which me City believes will assist the City in its goal of making SR 434 a beautiful gareway corridor into the City of Wimer Springs. The aestheljc standards which the Developer has agreed to adhere to in designing the Store are as follows: a. Use white lenering instead of Eckerd's standard blue lettering. b. Eliminate the blue color bands aroul1ld the Store bui1ding~ provided, however, that a single 3.5" blue colored band is acceptable to the City. c. Provide a barrel tile roof (MeA - pc:acoc:k green color) instead of Eckerd's usual all blue, metal roof. d. Paint the building with an off-white coll)r instead of Eckerd's usual white color. e. Provide two (2) "park" areas, one with benches, a light pole and a prefab, recirculaTing fountain, the other wirh only the benches and a light pole, all as shown on the Plans. f. The roof over the drive-thru facility will be a "hip" roof insTead of Eckerd.s usual fiat roof design. SECTION 4 SR 434/SR 419 INTERSECTION IMPROVEMENTS 4.1 FDOT Permining. The City has requested Developer, and Developer has elected to agree with City, to seek FDOT approval to install a mast arm style traffic signal at me intersection of SR 434/SR 419. In rhis regard, Developer shall., at its sole cost, undertake to seek to obtain FDOT approval of its plans for certain intersection improvemems at SR 434/SR 419 simultaneously with its processing of the Plans with the City. Developer has agreed with me City's request to seek FDOT to approve of plans which inClude certain SR 434 beautification elements including, but not necessarily limited to, a cross-walle made of brick pavers or stamped concrete if approved by FDOT and a mast ann traffic signal. A drawing depicting the design of the mast arm traffic signal is anached hereto as Exhibit "B" and incorp~rated herein. 4.2 Installation and Payment. Subject to FDOT approval, Developer shall install the mast arm traffic signal and brick pavcrs/swr.ped concrete simultaneously with its insrallation of the other intersection improvements. Developer's work installing the intersection improvements shall be in compliance with all applicable governmental permits and approvals. City shall 0R235665;7 3 APR-05-00 04:23PM FROM-ASE170JORL + T-223 P.07/14 F-548 reimburse Developer the cosrs cbarged by Developer to me City (i.e. the c.osrs of insralling me imersecrion improvementS, plus 20% for Developer's overhead and pro fir) for installing the mast arm rraffic signal and brick pavers/stamped concrete. The COStS to be paid by the City shall not exceed $200,000. The City shall tender its payment to Developer within fifteen (15) days of the Ciry's receipt of Developer's request for payment. Subject to FDOT approval, Developer's request for payment shall include a copy of FDOT's Certificate of Completion, or its equivalent, for the mast ann traffic signal and brick pavers/stamped concrete. SECTION 5 NOTICES Until further written notice by eirher parry, all norices provided for herein shall be in writing and rransmined by messenger, by certified mail or by relecopy and shall be addressed as follows: To the City: CITY OF WINTER SPRINGS Ann: City M~ager 1126 East S.R. 434 Wimer Springs, Florida 32708 Telecopy: (407) 327-7180 With a copy to: Amari & Theriac, P.A. 96 Willard Srreet, Suite 302 Cocoa, Florida 32922 Attention: Anthony A. Garganese, Esquire Telecopy: (407) 639-6690 To the Developer: Eck-Winrer Springs 9, Inc. 5301 Conroy Road, Suire 180 Orlando, Florida 32811 Auention: Charles Whinall, Pres idem Telecopy: (407) 999-9961 0R135665:i 4 APR-OS-OO 04:23PM FROM-ASE17010Rl + T-223 P.08/14 F-S48 With a copy co: Akerman, Semerfin & Eidson, P.A. 255 South Orange A venue, Suite 1700 Orlanda, Florida 32801 Anention: Dwight D. Saathoff, Esquire Telecopy: (407) 843-6610 All notices provided for herein shall be deemed to have been duly given upon me delivery thereof by hand to the appropriate address as evidenced by a signed receipt for same. or by the receipt of cenified, rerom receipt mail, or by courier servke receipt therefor, or by telecopy transmission with receipt confirmation, evidencing delivery of sucb notice. In the event either pany determines that the other is in default under this Agreement, the non-defaulting party shall provide wriuen notice which sets fonh with specificity the alleged breach. Thereafter, the defaulting pany shall have miny (30) days within which \.0 cure the default and provide written notice to the non-defaulting parry [bar such default has been cured, of that, the defaulting party has taken actions to cure such default and setting fonh the anticipated date on which the default shall bave beet;l cured. The cure provisions set fonh in this section shall be a prerequisite to any action defaulr of rhis Agreement. SECTION 6 SURVIV AI- OF COVENANfS The rights, privileges, obligations and covenants of Developer and City shall survive the completion of the work of Developer with respect to completing any construction or installation as provided for under the terms of this Agreemem. SECTION 7 MISCELLANEOUS PROVISIONS 7.1 The parties acknowledge and agree: a. Agreement Con~istem with Comprehel:\..,>jve Plan. By entering into this Agreement. me City Commission ftnds this Agreement consistent with the City's Comprehensive Plan. b. Compliance With Other Laws. The failure of this Agreement to address a particular pennit, condition, term or resrriction shall nor. relieve Developer of the necessiry of complying with the law governing said permitting requirement, condition, term or restriclion. 0R235665;7 5 APR-OS-OO 04:23PM FROM-ASE17010RL + T-223 P.09/14 F-548 7.2 This Agreement may be enforced by the parties 1:0 it by bringing action in the Court of proper jurisdiction to interpret or enforce the provisions of this Agreemem. Venue of any such shall be in Seminole County, Florida. 7.3 This Agreement shall be recorded in the Public Records of Seminole County. Florida and shall be binding on the heirs, assigns or successors [Q [he parties to this Agreement. 7.4 This Agreement: supersedes any and all agreements, either oral or wrirren, between the parties hereto and contains all the covenants and agreemems between the parties with respect to the Property. 7.5 Any modification, amendment or change of thi~; Agreemem will be effeCtive only if it is in writing and signed by both panies. 7.6 If any provision or ponion of the Agreement: is declared by any court of competent jurisdiction to be void, unconstitutional. Or unenforceable, then all remaining provisions and ponions of this Agreemem shall remain in full force and effeC:L IN WITNESS WHEREOF, Developer and City have executed or have caused this Agreemem, with the named Exhibits anached, to be duly exec:uled in several coumerpans, each of which counterpartS shall be considered an original executecl copy of this Agreement. WITNESSES ECK-wrNTER SPRINGS 9, INC.. a Florida corporation By /:~ C~res Whinall. President CORPORATE SEAL Dated: ~t- fo .-ou 0R235665:7 6 APR-OS-OO 04:24PM FROM-ASEI7010RL + T-223 P.10/14 F-S48 ST A IT OF FLORIDA ) ) ss: COUNTY OF (X0",Y\0L. ) Sworn to and subscribed before me this ~ -tV' day of J~ ' )...()oo , by Charles Whiuall, President of Eck- Winter Springs 9, Inc., a Florida corporation, on behalf of the corporation. He" is personal.ly known to me or has produced (~>,pc of idcntifiQtion) as identification. .....' #q ".' 6.'<", Chnstine laird VICkenI * "iAiiJff * My CommI$SIOO CC623345 ~ ~ ,,"" Expll"es April 11. 2001 -1'1., f\.'" ~t ~d UlctCoES, NOTARY PUBLIC, STATE OF FLORIDA (Print, Type or Stamp Commissioned Name of NotaIy Public) 0R235665:7 7 APR-05-00 04:24PM FROM-ASE170JORL + T-223 P.11/14 F-548 WITNESSES: CITY OF WINTER SPRlNGS, FLORIDA By: Print Name: Name: Title: Print: Name: Dated: STATE OF FLORIDA ) ) ss: COUNTY OF SEMINOLE ) Sworn to and subscribed before me this _ day of , by , as of the City of Wimer Springs, Florida. He/She is personally known to me or has produced (type ofidenrificanon) as identification. NOTARY PUBLIC, STATE OF FLORIDA (Print, TyP<' or Stamp Commi:>sioned N:lme ofNor<lry PubILc) 0R235665:7 8 APR-05-00 04:24PM FROM-ASE17010RL " 0R23S66S:7 + T-Z23 P.12/14 F-548 Exhibir "A" The Properry - Eckerd' 5 Sire *~':t-****** Exhibit U B " Mast Arm Traffic Signal 9 APR-OS-OO 04:24PM FROM-ASEJ7010RL + L.f\I).IUII ,.J.J-. l I-Ctge I at ~ ) SKETCH AND DESCRIPTION (THIS IS NOT A SUR~ T-223 P.13/14 F-S48 1 ".,. I" - zed ! ... ~ ~ ~ b. - 124'27'25. R - so.OO' L .. 104-48' C8 - $12'44'38'1: <.aT 41 U1t" ~ fNT.lJIW(iER F"MIIS ADD/11ON IC. 2 IU r /ICtlft It /Will il I.MG A - aff1t.~ R - '"t153' L - r4S.79' C8 - S52,r"IrW POC SIV CORNER WT;It EHT2JI1NCER F'ARuS ADDITION No. 2 Pt..A T BOOJ( ~ PACE 9 ~.~t 14 1~~ ~~~ ?,o~ A - otn.'29- R - >>BS. 72' L - 75.85" C8 - 559Yn"a.7iV pac - POINT OF et:MIIENCflIDiT PaS - PaINT OF (EQNN1NG R/W - RICHT-oF'-WA"" SEE SHEET ~ OF 2 FOR DESCRIP110H ~SEO - ':)1/26/00 OA TE - 9;'5/99 PROJECT NC~ 99Q79-' SHEET1OF~ Associated Land Surve.ying & Ma.pping, I'M. 101 WTWORt ~., SUITE 110, IU~ SPAlNCS, fUlR10A J2714 PH (407) 86&-5OQ2, rloX (407) lIB1HS393 APR-OS-OO 04:24PM FROt~ASE17010RL + T-223 P.14/14 F-S48 UJa<j~ d.;- SKETCH AND DESCRIPTION (THIS IS NOT A SURVEY) LEGAl- DESCRIPTION (PER SURvEYOR) A PORTION Of LOT 31. ENTZlAINGC:R f'ARwS ACOITION HI>. 2. ACCOf;:OING TO ThE PLAT ThEREOF AS RECORDED IN PLAT 8001( 5, PAC!:: 9. OF ThE P'lJBUC RECOROS OF" SEUINOLE COUNTY, FLORIDA, BtlNG MORE PARTICULARLY DESCRIBED AS F'OLLOWS: COMMENCE AT ThE INTERSECTION OF' ThE ~ST UNE Of' LOT 31 Wlrn lliE NORTh RIGHT-OF-WAY UNE Of STATE ROAD f 4J~ (PER STATE Of FtORlI)A DEPARTMENT Of TRANSPORTAl1ON RIGHT-Of-WAY UAP SECTION 77580-2610 Sf-IEET 10); 'THENCE RUN N 66.3....3J. E A DISTANCE Of 262.38 fEET TO A POlHT OF C:URVAl\JRE OF A ClJRVE BEING CONCAVE NORThERLY, liAVlNG A RADIUS Of 3785.72 FEET, AN INCLUOED ANGU: Of 07"20'-+4-, A CHORD BEARING OF N 62'48'Ja- E. RUN 485.34- FEET ALONG ThE ARC OF SAlD CURVE TO ll-lE POINT OF BEGlNNINC;; 'niENCE O€PARilNG SAID NORThERLY RIGHT-Of-WAY UNE, RUN N 34'21'50" W, A DISTANCE OF 60.1' tEET; "THENCE RuN N 74'51'01. W.' A DISTANCE OF lS1.3<~ f'EET; lHacCE N 29"51'01- W, A DISTANCE OF' 56.57 FEET: ll-iENCE RUN N 15"08'59" E. A DISTANCE OF 175.42 FEET TO A POINT ON l11E SOUTHER1..Y RIGi1T-OF-WAY LINe: OF STATE ROAD 419; THENCE RUN ThE F'OLl.O'MNG SEvEN (7) COURSES AND DISTANCES AlONG SAID SOUnlERl..Y AND SAID NOR'Tl-lERLY RIGHT-OF-WAY UNf. RUN S 7+'51'01. e: A DISTANCE OF' 10.00 FEET; 1l1ENCE RUN S 71'48'31. E A DISTANCE OF 190.1"8 FEET: TIiENCE RUN S 7.'51'01. E. A DISTANCE Of" 120.78 FEET TO A POINT Of CURVAl\JRE or II CUR\IE CONCAVE SOUTti'M::ST'ERLY HA\ilNG A RACIUS OF 50.00 FEtT. AN INCt.UOEO ANGt.E: OF 124"2725", AND A CliORD BEARING Of' S 12......36. E. RlJN 108.48 FEET ALONG 1HE IIRC OF SAlD CURve: TO A POINT, lHENCE S .a'J',s- W A DISTANCE OF 42.41 FEET TO A POINT OF' CURVAllJRE OF A OURVE CONCA\IE NORTHERL'Y, t1AVlNG A RADIUS OF 1710.5:3 fEET, AN lNQ..UDED ANeiLE OF' 05'01'03-, AND A CHORD BEARING Of S 5211'37- w. RUN 149.79 F'ITT ALaNI:; ThE ARC Of' SAlO CURVE TO A POINT OF COIolPOUNO CURVAlURE OF A CURvE I!IEING CONCAvE IIlORlHERLY, HA'o1NG A RADIUS OF 3785.72 FEET, AN INClUDED ANG1..E OF 00'1<4-'29-, AND A CHORD BEARING S 59'01'02- W, RUN 15.95 FE:ET ALONG 'THE ARC oF' SAIO CURVE TO 1HE POlNT OF" B€:GlNNING.. CONTAINING 1.52 ACRES YORE oR LESS. I) ;oClT VAUD .nan K 9Q11ANIlf" NIII 7JE IWSfD -. a: A JUlfllD4 lJCa<I!lW ~ A1dJ ~ ~) ElCAR1NC!i NlE 8AmJ CIII l11E er I.H! a' usr ;It IfAWoQ AIf ~ /1CAR1IIC OF SllS1a'.J7T. SEE S11EET 1 Of' 2 FOR SKETCH PREPARED BY: ASSOCIA TED LAND SUR\'EY1NG & MAPPING, INC. CERllFlCA TE QF" AUlHORIZA TlON La 16767 SURD~~LE CHAR~ ft.ORIDA REGISTERED SlJR'tEYOR ANO t.tN'PER CERMCAlE No.. 4719 R€:VlSED - 01/26/00 DATE: - 9/3/99 PROJECT HO. 99079-1 SHEET 2 OF 2 Associa,t~~d LaM Surveying de .Mapping, Inc. 101 WYWORE ROAD, suITE , 10, ALTAWOHlt: Sf'RlNCS. fl.DR1DA 327H Pti (4(ll} 1I81I-:iOO2, fAX (407) 81141-11393