HomeMy WebLinkAbout2003 04 28 Regular H Amendment to Existing Development Agreement for the Tuskawilla Office Park
COMMISSION AGENDA
ITEM H
Consent
Informational
Public Hearing
Regular X
April 28. 2003
Meeting
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Mgr. I
Authorization
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Dept.
REQUEST:
The Community Development Department presents a request by Tuskawilla
Office Park, LLC, for an amendment to the existing development agreement to
accommodate the entrance features and associated signage for the Tuskawilla
Office Park.
PURPOSE:
The purpose of this item is for the City Commission, in its capacity as the Development
Review Committee (DRC) to consider a request of the Tuskawilla Office Park LLC for entrance
features with signs for the Tuskawilla Office Park, pursuant to the conceptual approval provided
by the City Commission on October 14, 2002 (Regular Item "0"). The October 14, 2002,
request was for the City Commission, as the DRC, to review and determine what was
aesthetically appropriate, consistent with, and in harmony with the Town Center, before the
applicant proceeded with either a special exception or an addendum to the existing development
agreement. An amendment to the development agreement appears to be the most efficient way to
allow the entrance feature and signage, pursuant to the Town Center Code.
APPLICABLE LAW AND PUBLIC POLICY:
Chapter 166, Florida Statutes (authorizes development agreements)
Subsection 16-86 (b). Identification Signs.
Subsections 20-321 (c) and (d). Special exceptions & Site development agreement options.
April 28, 2003
REGULAR AGENDA ITEM H
Page 2
Subsection 20-327 (f) (1). Architectural Guidelines.
CONSIDERATIONS:
The Town Center Code allows free-standing monument signs by special exception along the SR
434 frontage. The entrance signs advertising Publix at the JDC Calhoun portion of the Town
Center (including the sign adjacent to Tuskawilla Road) were approved by a special exception,
although Subsection 20 - 321 (d) of the Code allows for a specialized or negotiated concept
design to be addressed through a development agreement. Since there is an existing development
agreement in effect, this signage may most efficiently be addressed through an addendum to the
existing development agreement.
FINDINGS:
1. The entrance feature with signage constitutes a free-standing monument sign and is not
permitted in the Town Center by Section 20-237 of the City Code.
2. The proposed entrance sign for the Tuskawilla Office Park was approved conceptually at
the October 14, 2002, City Commission meeting.
3. The Town Center Code allows for variation for this type of circumstance through either a
special exception or a development agreement. Neither a special exception nor a development
agreement addendum was approved to authorize the proposed signage at the October 14, 2002,
City Commission meeting.
STAFF RECOMMENDATION:
Given the City Commission's conceptual approval of the proposed signage, staffrecommends
the City Commission approve the proposed addendum to the existing Tuskawilla Office Park
development agreement.
ATTACHMENTS: A.
B.
e.
D.
E
F.
Sketches of the concept proposal approved on October 14, 2002
Location map
October 14, 2002, minutes
October 14, 2002, agenda item (Regular G)
Existing development agreement
Proposed development agreement addendum
COMMISSION ACTION:
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ATTACHMENT C
CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
REGULAR MEETING - OCTOBER 14,2002
PAGE 170F24
With further brief discussion on whether an Appointment could be made by another
Member of the City Commission after a certain period of time, Mayor Partyka suggested,
"City Attorney, could you do that, just double check it."
Mayor Partyka called a Break at 9: 1 0 p.m.
The Meeting reconvened at 9:25 p.m.
Attorney Garganese and Commissioner Martinez briefly addressed the Appointment
process.
Deputy Mayor Gennell added, "It is not uncommon here if any Commissioner is having a
hard time locating somebody, if he invites other Commissioners who may have
somebody, to recommend to the City Clerk for them - and I think that is appropriate
anytime."
REGULAR
G. Community Development Department
Presents A Request By Tuskawilla Office Park, LLC, For Conceptual Review Of
Entrance Features And Signage For The Tuskawilla Office Park.
Mr. Baker introduced Ms. Sandy Bierly who will present a couple of proposed signage
for the Tuskawilla Office Park project.
Ms. Sandy Bierly, Tuskawil/a Office Park, Owner/Developer, L.L.C, 800 West State Road
426, Oviedo, Florida: presented two (2) renderings and noted her preference for the oval
sign with block lettering.
With discussion, Deputy Mayor Gennell noted that she was not partial to the lights (on
the signage) which were depicted in Ms. Bierly's preferred rendering. Ms. Bierly said, "I
wouldn't be opposed to taking this off there, and just light the sign up..." Manager
McLemore added, "...I think the top ornament - as an ornament is good." Ms. Bierly
added, "It doesn't have to be a light - I am not opposed to that." Manager McLemore
suggested, "Actually you could put a light at the bottom that would shine up on the sign."
Ms. Bierly agreed and said, "That's what I was intending to do anyway, so if 1 removed
those it wouldn't be a problem." .
The proposed signage was further discussed and Ms. Bierly pointed out that "I don't
know why this isn't noted on here, but the columns are really in brick on that; 1 don't
think they called out that - the detail; but brick is what I intended to use, just like the
wall, to tie it together."
,"-
,
CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
REGULAR MEETING - OCTOBER 14,2002
PAGE 18 OF 24
"I WOULD LIKE TO MAKE A MOTION THAT WE APPROVE THE SKETCH
ON THE SCREEN WITH THE LIGHTING BEING MOVED DOWN TO THE
GROUND, SHOOTING UP TO THE SIGN." MOTION BY COMMISSIONER
MARTINEZ. SECONDED BY COMMISSIONER BLAKE. DISCUSSION.
VOTE:
COMMISSIONER MILLER: NAY
COMMISSIONER BLAKE: AYE
COMMISSIONER MARTINEZ: AYE
DEPUTY MAYOR GENNELL: NAY
MAYORPARTYKA: AYE
MOTION CARRIED.
Mayor Partyka commented that "To be consistent with the script - you see the script
styling in what we use and all that - you have got the block versus the script on the side,
maybe you can do that, and be a little bit more consistent."
Mr. Baker stated, "Doesn't she need to come back with a Special Exception?" With
discussion, Manager McLemore remarked, "Bring this one back as a Special Exception."
Furthermore, regarding the signage Manager McLemore said, "I think we need to look
further in that Ordinance - we will deal with it. If it is allowable, we'll tell you. If it's
not, we'll bring it back with a Special Exception."
REGULAR
E. Community Development Department
Requests The City Commission Reconsider Information About Boat Docks.
This Agenda Item was introduced by Mr. Baker with findings on the number of possible
lots for boat docks.
With discussion, Commissioner Miller stated, "I would like see us look to making this -
issue more restrictive than it is currently by the St. John's River Water Management
District. "
Tape 3/Side A
Further discussion.
"I WOULD LIKE TO MAKE A MOTION THAT THE CITY MANAGER
CONTACT THIS ORGANIZATION - BREEDLOVE [BREEDLOVE, DENNIS &
ASSOCIATES, INC.] - ARRANGE A SCHEDULE FOR THEM TO COME
BEFORE US AND RUN US THROUGH THE PROCESS - I WOULD LIKE TO
APPROVE ITEM 'E' FOR CONSUL T ANT SERVICES." MOTION BY
COMMISSIONER MILLER. SECONDED BY DEPUTY MAYOR GENNELL.
DISCUSSION.
ATTACHMENT D
COMMISSION AGENDA
ITEM G
Consent
Informational
Public Hearing
Regular X
October 14 . '2002
Meeting
Mgr. I Dept.
Authorization
REQUEST:
The Community Development Department presents a request by Tuskawilla
Office Park, LLC, for conceptual review of entrance features and signage for the
-
Tuskawilla Office Park..
PURPOSE:
The purpose of this item is for the City Commission, in its capacity as the Development
Review Committee (DRC)to consider a request of the Tuskawilla Office Park LLC for entrance
features with signs for the Tuskawilla Office Park, pursuant to the Town Center Code. This is
conceptual, only. The request is for the City Commission, as the DRC,to review and determine
what is aesthetically appropriate, consistent with, and in harmony with the Town Center, before
the applicant spends considerable funds and time to process a special exception.
APPLICABLE LAW AND PUBLIC POLICY:
Subsection 16-86 (b). Identification Signs.
Subsection 20-237 (t) (1). Architectural Guidelines.
CONSIDERATIONS:
The Town Center Code allows free-standing monument signs by special exception only along the
SR 434 frontage. Staff interprets this to prohibit free standing monument signs throughout any
portion of the Town Center not abutting the SR 434 frontage. Identification signs are to be at
October 14, 2002
REGULAR AGENDA ITEM G
Page 2
least 25 feet from an intersection. Any sign placement must not obstruct visibility at
intersections or driveway curb-cuts.
When similar renderings were reviewed by Dover Kohl and Partners, their response was that any
such sign should be incorporated into a decorative feature and should not be a stand-alone sign.
Dover Kohl and Partners did not, however, discount the possibility that a sign could be tastefully
incorporated into the existing wall that extends along the south side of the project, in that portion
of the wall that extends to the Tuskawilla Road right-of-way.
FINDINGS:
1. The entrance feature with signage constitutes a free-standing monument sign and is
therefore prohibited in the Town Center by Section 20-237 of the City Code.
2. On June 18,2002, the staffDRC considered the recommendation and voted to
recommend denial because free-standing monument signs within the Town Center are only
allowed along the SR 434 frontage - and then, only with a special exception. The site does not
front on SR 434, no s~ecial exception application has been received, and the $500 fee for a
special exception has not been paid.
1
3. Dover Kohl and Partners recommended that any signage (other than on the buildings) be
incorporated into some decorative feature.
STAFF RECOMMENDATION:
Staff recommends the City Commission deny the request because free-standing monument signs
within the Town Center are allowed only along the SR 434 frontage - and then, only with a
special exception.
ATTACHMENTS: A.
Sketches of the Applicant's proposals
B.
Location map
COMMISSION ACTION:
ATTACHMENT E -
Prepared by and Return to:
Anthony A. Garganese, City Attorney
Brown, Ward. Salzman & Weiss, P.A.
225 E. Robinson Street, Suite 660
P.O. Box 2873
Orlando, FL 32802-2873
PARCEL 1.0. NO. 01-21-30-501-0000-0550
BINDING DEVELOPMENT AGREEMENT
THIS BINDING DEVELOPMENT AGREEMENT, made and executed this df~ay
of J;&if002, by and between the CITY OF WINTER SPRINGS, a Florida municipal
corporation ("City") whose address is 1126 East State Road 434, Winter Springs, FL 32708, and
TUSKA WILLA OFFICE PARK, L.L.C., a Florida corporation ("TOP"), whose address is 800
Westwood Square, Suite E, Oviedo, FL 32765.
WIT N E SSE T H:
WHEREAS, TOP is constructing an office park development on real property located within
the City of Winter Springs, Florida; and
WHEREAS, the real property is currently located within the City of Winter Springs and is
currently part of the Winter Springs Town Center; and
WHEREAS, the parties desire to memorialize their mutual understanding that the real
property will be developed as TUSKA WILLA OFFrCE PARK DEVELOPMENT project in
accordance with the Town Center Zoning District requirements adopted by the City, (the "Project");
and
WHEREAS, the City Commission has recommended entering into a Binding Development
Agreement, ("Agreement"), with TOP for the development of the Project; and
WHEREAS, in addition to TOP's compliance with all City Codes, permitting and
construction not in co'ntlict herein, the City and TOP desire to set forth the following special terms
and conditions.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties mutually agree as follows:
Section 1.
Recitals. The foregoing recitals are hereby incorporated herein by this
reference.
Section 2
Authority. This Agreement is entered into pursuant to the Florida Municipal
Home Rule Powers Act.
Section 3.
Subiect ProRerty. The real property ("Property") which is the subject to, and
bound by, the terms and conditions of this Agreement is legally described on Exhibit "A" attached
hereto and made a part hereof by reference.
Section 4.
Representations of TOP. TOP hereby represents and warrants to City that
TOP has the power and authority to execute, deliver and perform the terms and provisions of this
Agreement and has taken all necessary action to authorize the execution, delivery and performance
of this Agreement This Agreement will, when duly executed and delivered by TOP and recorded in
the public records of Seminole County, Florida, constitute a legal, valid and binding obligation
enforceable against TOP and the Property in accordance with the terms and conditions of this
Agreement. TOP represents it has voluntarily and willfully executed this Agreement for purposes of
binding the Property to the terms and conditions set forth in this Agreement
-2-
Section 5.
TOP's Obligations and Commitments. In consideration of the City entering
into this Agreement with TOP, TOP voluntarily agrees as follows:
(a) Office Structures. All office structures located on and fronting the Tuskawilla Road
(Lots 1-4) shall be two (2) stories in height. All other office structures may be either
one (I) or two (2) stories in height, however, TOP understands the City prefers two
(2) stories pursuant to the Town Center District Code.
(b) Fencing. Vinyl picket fencing four (4) feet in height shall be installed fifteen feet (15')
from the north property line behind Lots 4-11 and in compliance with all City Code
requirements. The design of said fence shall be acceptable to the City.
(c) Wetland Buffer. In consideration of the peculiar site constraints, the property will be
developed with a fifteen-foot (IS') wetland vegetative buffer provided said buffer is
permitted by the St. Johns River Water Management District and approved by the
City Commission in accordance with the City's Comprehensive Plan.
(d) Wall Buffer. A six (6') foot high brick wall shall be constructed along the south
property line (Oak Forrest Subdivision) from Tuskawilla Road to the west end of the
detention pond. Said wall shall be fully constructed prior to the first building permit
being issued for the office structures except a building permit may be issued for, and
an office structure constructed on, Lot 4 simultaneously with the construction of the
wall.
-3 -
(e) Dumpster Pad. No Dumpster Pad shall be located along the south (Oak Forrest
Subdivision) or State Road 434 property lines. A Dumpster Pad shall be located near
Lot 4.
(f) Lighting. AJI exterior lighting on the Property will be directed inward towards the
Property, so as to minimize or eliminate the effects of glare on the adjacent residential
propeI1y, particularly the Oak Forrest Subdivision.
(g) Additional Tree Buffer. TOP acknowledges that due to site restrictions on the
Property, there are several landscape gaps depicted on the Landscape Plan along the
south boundary where no oak trees can be planted on the Property ("Landscape
Gap"). In order to fill in the Landscape Gaps with oak trees, TOP agrees to offer the
Oak Forrest Subdivision lot owners located adjacent to the south side of the wall and
a Landscape Gap, an opportunity to have installed, on their lot, at TOP's expense, a
3-4" caliper oak tree(s) with a height of at least 6-8 feet. Said oak trees shall be
installed in addition to the landscaping required on the Landscape Plan and prior to
the completion of the wall at a spacing distance of 45 feet, unless a lot owner states
in writing that they do not desire a tree(s) in which case the spacing distance may be
greater to accommodate that lot owner's desire not to have a tree. Any tree planted
pursuant to this subparagraph (g) shall be counted for purposes of satisfying TOP's
Tree Replacement requirements. TOP shall also require the nursery providing the oak
trees to provide each lot owner with the nursery's standard tree warranty.
-4-
(h) Parks. A land area west of Lots 1-3 shall be developed as a passive park including
paved walkways, park benches, street lighting, and landscaping material suitable to
the City and consistent with the Town Center design theme of the Project. Final
details shall be subject to the City Manager's approvaL
(i) Arbor Ordinance Requirement.
(A) In consideration of trees which shall be cut, removed or destroyed from the
property by TOP or its agent, TOP shall replace trees or monetarily compensate the City as
provided in the Arbor Ordinance according to the Tree Replacement Assessment established
by the City. TOP may deduct fi-om their Tree Replacement Assessment, Tree Replacement
credits based on the number of replacement credits as provided in the Preferred Plant List,
provided that:
(i) AU plant materials are Florida Grades and Standard One (1) or better; and
(ii) All plant materials are properly installed; maintained and replaced as deemed
necessary under the City's Arbor Ordinance.
(iii) Tree removal inspection fee to be capped at $200.00 for all trees to be
removed on the Property.
(iv) The landscape plan for the proposed development to which the credits are to
be applied is prepared by a landscape architect licensed by the State of
Florida.
(8) For purposes of this Section 5, the following words shall have the meaning
ascribed below unless the context clearly indicates otherwise:
-5-
. .
(i) . "City Arbor Ordinance." City Arbor Ordinance shall mean Chapter 5 of the
City Code of Ordinances otherwise known as the city Arbor Ordinance.
(ii) "Preferred Plant List" Preferred Plant List shall mean that list of plant
materials and corresponding Tree Replacement Credits shown in Exhibit "B"
of this Agreement
(iii) "Tree Replacement Assessment." Tree Replacement Assessment shall mean
the total amount of monetary compensation owed to the City of Winter
Springs as provided in the Arbor Ordinance for the replacement of trees cut,
destroyed, or removed from a property in the City as a result of development
or redevelopment.
(iv) Tree Replacement Credit. Tree Replacement Credit shall be equal to One
. Hundred Dollars ($100.00) and no cents in tree replacement value.
Additionally, TOP agrees to install and maintain in a first class condition
landscaping on the Property in accordance with the Landscape Plan attached
hereto as Exhibit "e," which is hereby fully incorporated herein by this
reference. TOP s~all promptly replace dead trees and shrubs to a condition
equal to or better than required by the Landscape Plan.
0) Setbacks. Building front set back shall be 0-10 feet, side set back shall be 0-10 feet
and rear set back shall be 0- I 0 feet
Section 7.
Successors and Assigns. This Agreement shall automatically be binding upon
and shall inure to the benefit of the successors and assigns of each of the parties
-6-
Section 8.
Applicable Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Florida.
Section 9.
Amendments. This Agreement shall not be modified or amended except by
written agreement duly executed by both parties hereto and approved by the City Commission.
Section 10.
Entire Agreement. This Agreement supersedes any other agreement, oral or
written, and contains the entire agreement between the City and TOP as to the subject matter hereof
Section 11.
Severability. 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.
Section 12.
Effective Date. This Agreement shall become effective upon approval by the
City of Winter Springs City Commission and execution of this Agreement by both parties.
Section 13.
Recordation. This Agreement shall be recorded in the public records of
Seminole County, Florida, and shall run with the land.
Section 14.
Relationship ofthe Parties. The relationship of the parties to this Agreement
is wntractual and TOP is an independent contractor and not an agent of the City. Nothing herein
shall be deemed to create a joint venture or principal-agent relationship between the parties, and
neither party is authorized to, nor shall either party act toward third persons or the public in any
manner which would indicate any such relationship with the other.
Section 15.
Sovereign Immunity. Nothing contained in this Agreement shall be construed
as a waiver of the City's right to sovereign immunity under Section 768.28, Florida Statutes, or any
other limitation on the City's potential liability under state and federal law.
-7-
Section 16.
City's Police Power. TOP agrees and acknowledges that the City hereby
reserves all police pO\vers granted to the City by law. In no way shall this Agreement be construed
as the City bargaining away or surrendering its police powers.
Section 17.
Interpretation. The parties hereby agree and acknowledge that they have both
participated equ'ally in the drafting of this Agreement and no party shall be favored or disfavored
regarding the interpretation to this Agreement in the event of a dispute between the parties.
Section 18.
Permits. The failure of this Agreement to address any particular City, county,
state, and federal permit, condition, term, or restriction shall not relieve TOP or the City of the
necessity of complying with the law governing said permitting requirements, conditions, term, or
restriction.
Section 19. Third Party Rights. This Agreement is not a third party beneficiary contract
and shall not in any way whatsoever create any rights on behalf of any third party.
Section 20.
Specific Performance. Strict compliance shall be required with each and every
provision of this Agreement. The parties agree that failure to perform the obligations provided by
this Agreement shall result in irreparable damage and that specific performance of these obligations
may be ol?tained by suit in equity.
Section 21.
Attorney's Fees. In connection with any arbitration or litigation arising out
of this Agreement, the prevailing party shall be entitled to recover reasonable attorney's fees and
costs through all appeals to the extent permitted by law.
Section 22.
Future Rezonings/DeveloRment Permits. Nothing herein shall limit the City's
authority to grant or deny any future rezoning or development permit applications or requests
-8-
subsequent to the effective date of this Agreement. In addition, nothing herein shall be construed as
granting or creating a vested property right or interest in TOP or on the Property.
IN WITNESS WHEREOF the parties have hereunto set their hands and seal on the date first
above written.
Signed, sealed and delivered
in the presence of
~
.' ,--.'------
By: '
TUSKA WILLA OFFICE PARK, L.L.C
a Florida Corporation
~
.-_ .~.-t
~RA BrE LY, as Attorney in Fact for
William Barrett, President
(Print Name of Witness)
0.. I \n,. t,.:.~
CITY OF WINTER-SPRINGS,
a\Flon M~;<;i~Corporatjon,
, ~:'!'~ .) J--fl'
B y: (L.t~~l<? ti::t"J/L
PAUL . PARTYKA~-MJiYOR
. LLO~
~REA L\oilNZO-LUACES
City Clerk
NOTARIAL ACKNOWLEDGMENT
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this l <; day of Fi-&'IIlN,/, 2002,
by SANRDA BfERL Y, as Attorney in Fact for William Barrett, as the President ofTUSKAWrLLA
OFFICE PARK, LLC.., a Florida corporation, 1.1 who is personally known to me, or l~who has
produced PL 'Dr I Y t'n LU/1H: as identification.
lH 'tu -; Cf'j-'S-'L -6 J1- 0
susAN SANDRIDGE
cQMMlSS)ONI CC8721 09
EXPIRES OCT 08.2003
QQt4OB) THROUGH
AQVAHTAGE ~TARY
(c)'LA L)
-9-
EXHIBIT "A"
The real property ("Property") which is the subject to, and bound by, the terms and conditions of this
Agreement is legally described on Exhibit "A" attached hereto and made a part hereofby reference.
Legal description
THAT PORTION Of LOTS 53, 54, 55, 58, 59, 62, 63 AND THOSE UNIMPROVED RlGHT-OF-WA YS L YTNG BETWEEN
LOTS 55 AND 58, LOTS 59 AND 62 AND THE NORTH Y2 OFTHAT30' VACATED RIGHTOFW A YL YING
SOUTHERLY OF LOTS 55, 58, 59, 62 AND 63, D.R. MITCHELL'S SUR VEY OF THE LEVY GRANT, ACCORDING
TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK I, PAGE 5 OF THE PUBLIC RECORDS OF SEMINOLE COUNTY,
FLORIDA; BEING MORE PARTICUTJAH Y DESCRIBED AS FOLLOWS:
COMMENCE AT TI-lli SOUTHWEST CORNER OF THE AFOREMENTIONED LOT 63; THENCE RUN SOUTH 87002' 40"
EAST, ALONG THE SOUTH LINE OF LOT 63, A DISTANCE OF 62.14 FEET TO Tl-IE POINT OF BEGINNlNG; TI-IENCE
DEP ARTINGSAID SOUTH LINE RUN SOUTH 02057'20"WEST,ADIST ANCE OF 15.00 FEETTO THE
CENTERLINE OF A 30' UNIMPROVED RIGHT OF WAY VACATED IN OFFICIAL RECORDS BOOK
4112, PAGE 0597 OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORlDA; THENCE RUN
SOUTH 87002'40" EAST ALONG SAID CENTERLINE A DISTANCE OF 1129.20 FEET TO THE
WESTERLY RlGHT -OF-WA Y OF TUSKA WILLA ROAD AS DESCRIBED IN OFFICIAL RECORDS BOOK 3603, PAGE
1095 0F.Tl-1E PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA; SAID POINT LYING ON A CURVE CONCAVE
NORTHWESTERLY HAVING THE FOLLOWlNG ELEMENTS: A RADIUS OF 5677.58 FEET, A CENTRAL ANGLE OF
03042'36", A CHORD LENGTH OF 367.57 FEET AND A CHORD BEARING OF NORTH 12013'06" EAST; THENCE
FROMA TANGENT BEARING OF NORTH 14004'24"EAST,RUNNORTI-IEASTERLY ALONG SAID RlGHTOFWAY AND
THE ARC OF SAID CURVE A DISTANCE OF 367.64 FEET TO THE POINT OF REVERSE CURVATURE OF A CURVE
CONCA VE SOUTHEASTERL Y I-IA VING THE FOLLOWING ELEMENTS: A RADrus OF 5 78 1.58 FEET, A CENTRAL ANGLE
OF 0 I 0 12'46", ACHORD LENGTH OF 122.38 FEET AND A CHORD BEARING OFNORTH 10058' II" EAST; TI-IENCE
RUN NORTHEASTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 122.38 FEET; THENCE DEPARTING SAID
CURVE AND RlGHTOFWA Y LINE RUN SOUTH 20020'33"WEST,A DISTANCEOF64.52 FEET; THENCE RUN SOUTH
45038 '29" WEST, A DISTANCE OF 59.63 FEET; THENCE RUN SOUTH71 030'38"WEST, A DISTANCEOF48.60 FEET;
TI-IENCE RUN NORTH 75028'56" WEST, A DISTANCE OF 27.98 FEET; THENCE RUN NORTH 54016'32" WEST, A
DISTANCE OF 44.31 FEET; THENCE RUN SOUTH 44013']2" WEST, A DISTANCE OF 18.82 FEET; Tl-IENCE RUN
SOUTH 51018'33" WEST, A DISTANCE OF 345.75 FEET; TJ-IENCE RUN SOUTH 86031 '22" WEST, A DISTANCE OF
82.36 FEET; TI-IENCERUNNORTH62037' 17"WEST, A DISTANCEOF63A7 FEET; THENCE RUN SOUTH 76027'47"
Wl~ST, A DISTANCE OF 62.38 FEET; THENCE RUN NORTH 84034' 12"WEST, A DISTANCE OF 83.22 FEET; THENCE
RUN SOUTH 76044 '49" WEST A DISTANCE OF 4506 FEET; TJ-IENCE RUN NORTH 81018 '28" WEST, A DISTANCE
OF 49.25 FEET; THENCE RUN SOUTH 8500 I '56"WEST, A DISTANCE OF 48.02 FEET, TI-IENCE RUN SOUTH
52042'01 "WEST,ADISTANCEOF67.33 FEET, THENCE RUN SOUTI-I 800 17'21 "WEST,ADISTANCEOF 52.69FEET;
THENCE RUN SOUTH 03027'55" WEST, A DISTANCE OF 23.12 FEET; TI-IENCE RUN SOUTH 69034'23" WEST, A
DISTANCE OF 95.27 FEET; HIENCE RUN NORTH 82016'34" WEST, A DISTANCE OF 77.56 FEET; TI-IENCE RUN
SOUTH 84055 '50" WEST, A DISTANCE OF 75.60 FEET TO THE POINT OF BEGINNING.
CONTAINING: 199,036 SQUARE FEET (4.569 ACRI~S) +/-
K:rrSW/J III HiAI.DESCI{II'TION.DOC
REV~/(j1(J1 JEM
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EXHIBIT "u"
JUH-2e-2eel ~7:27 CH: DEl.'ELOPl'EtIT
4(:7 I?..;: 1623 P. e8.'88
CREDIT AVERAGE CRl!DIT NET
TREE OR lARGE SHRUB NAME SIZe RATIO COST VALUE CAIN
YIlJpori HOlly MUttJ..tNnk 25-JO gal.,O' 2-1 $ QO.OD S 200.00 S 110.00
Simp&On stopper 2:>-30 gal..6' 2.1 S QO.OO $ 20<1.00 S 110.00
PJ'llmy OB1e Pllm, dbl. 30 gal.. 4' 3-1 $ 125.00 $ 300.00 $ 175.00
BlJUa.PlndO P~lm 30 gal., 5' 3-1 $ 100.00 S 300.00 $ 175.00
ElJlOpean Fan Palm 30 gal, 4' 3-1 $ 150.00 $ 300.00 $ 175.00
.cnInG~ Fan Palm 30 gal., 5' 3-' S 100.00 . S :\00.00 $ 175.00
Canlry '.sl~nd Dale Palm 30 gal.. 6' 3-1 $ 100.00 $ 300.00 $ 17 5.00
Dale Palm. P. da~~'" 30 gal., 4' 3.1' S 100.00 S 300.00 S 175.00
Windmill Palm 30 gal., 6' 3-1 S lSO.oo S 300.00 S 150.00
SagO 30 Oll.. 3' :1-1 S 1SD,oo S JOO.OO 5 150.00
Utile Gem Magnolia 25-30 g81.,O' 3-1 $ 100.00 $ 300 .00 S 200.00
Rid Bud 25030 gQl.,S' 3-1 s 125.00 S 300.00 S 175.00
Cardina' Holly i5030 gal. ,S' 3-1 S 125.00 S 300.00 $ 175.00
Festive Holly 2~30 gel. ,e' 3.1 S 125.00 s 300.00 S 175.00
Robin H<lIly 2S-30 gal.,5' 3.1 S 126.00 $ 300.00 S 175.00
04~lear HOlly 26-30 gal,O' 3-1 $ 125.00 S 300.00 5 175.00
Sp.~n Juniper 25-30 gal.,6' 3.1 S IIS.00 $ 300.00 $ 165.00
TorulCl$8 Juniper 25-30 gal..O' 2.1 S 90.00 $ 200.00 $ 110.00
Flowering Dogwoocl 2~30 081,,0' 3-1 $ 125,00 $ JijO.OO $ 175.00
Camellia 25-30 gll.,S' 3-1 S 1046.00 $ 300.00 $ 155.00
JaplIn&te 8luebeny 25-30 gaL,S' 3-1 $ 120.00 $ 300.00 $ 100.00
Loblolly Bay 2S.J0 gal..C' 2-1 $ 110.00 S 200.00 S 110.00
Uprlght YlIupon Hony 15 gal.. 6' 2-1 S 9MO S 200.00 S 110.00
Weeping Yaupon HollY 25.30 gal,,8' 3-1 S 100.00 , 31Xl.00 S 200.00
Lorapct6lum Standurd 150al.,5' 3-1 $ 100.00 $ 300.00 S 200.00
Cnlck8G8W Plum 25 gll., 6' 2.1 $ 95.00 $ 200.00 $ 105.00
RQr1 F1l1r.ip.ya 15 Q.L, S' 2.' S 50.00 S 200.00 S 150,00
Myrtle ~k 15 oal.. S' ;t.1 S 58.00 t 200.00 $ 1 c;n nn
crll1aeguJ IS Del.. 6' 2.1 $ ~.OO $ 200 .00 $ 150.00
F r1nge T re1l Isga!.,6' 2.1 $ SO.OO S 200.00 $ 150.00
Tabebuls 30 gal., 0' Z-1 $ 75.00 S 200.00 $ 125.00
Baunlnle galplnla 10~aJ" 5' 2.1 S 60.00 $ 200.00 s 150.00
sweevr... O~v. 1S gel.. C' 2.1 $ 50 .00 $ 200.00 $ 1S0.00
Ug~rum standard 450.1..6-10' 5-1 S 300.00 S 500.00 S 200.00
Crape Myrtle Standard 45 g3L,6-10' $.1 S 350.00 , 500.00 S 150.00
VlIIJpon Malty Standard 25-30 081..0' ~1 $ 100.00 S 300.00 $ ZOO.OO
Waner's Viburnum stsl'tdard 25-30 081,,6' 3-1 $ 100.00 $ 300.00 S 200.00
No<<lle P8lm 25-30 OilS 4-1 S 200,00 S 400.00 S 200.00
. Pygmy Oll1e Palm. triple 30~1.,4' 3-1 $ 150.00 $ 300.00 s 1$0.00
eutia..pindo Palm 6Sl11I!.. fl' 4-1 $ 200.00 S ~ao.oo S 200.00
EuroP<l"n Fen Palm C~ gal.. 5' 5.1 S 250.00 $ 500.00 S 250.00
Chinese Fan P~m M gaL 8' 6-1 $ 260.00 S 500,00 S 250.00
Canary Island Date' Palm OS gll., e' 6-1 $ 250.00 $ 500.00 S 2S0.00
Oale Palm, P. daetyllfera 5S gel.. S' 501 S 250.00 S 500.00 $ 250.00
Win4mlll P~lm 65 gQI.. O' 5.1 $ 300.00 $ 500.00 $ 200.00
SlIQO 6S g.l.. .(. 5-1 S :250.00 $ ~O.OO S 250.00
UttJa Gem UGgnGli:a 115 gal.. II' 6-1 S 2SO.oo $ 500.00 S 250,00
Spart1ln Junlptr llS gll., B' 6-1 $ 250.00 S 500.00 S 250.00
T OMosa Juniper 65 gal. 6' S-l S 250.00 S 500.00 ~ 2SO.00
0111000 Holly 66 gel.. 10'x4'xZ' 5-1 $ 225.00 S 500.00 S 275.00
Uve04k GS gal..14'x(j'x3' 6.1 S :l00.00 S 500.00 S 200.00
Winged Elm es O~I..12'xS'x2112 4-1 S 225.00 $ @.OO $ 175.00
Red Maple 115 gaL,12'xS'x2112 4-1 S 225.00 S 400.00 S \75.00
fOTAL. P. 08
........_--v:lI_,.....,.., ,.,:1P\ 40" J27 d7SJ p.ee
TOTi't. P. 08
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ATTACHMENT F
Sent By: BROWN,WARD,SALZMAN&WEISS,P.A.; 407 425 9596;
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Prepared ~y and Return 10: i 1
Anthony : Garganesa. City Attorney:
Brown, S lzman, Weiss & Garga'nas9, P,A,
225 E. R binson Street, Suite aeP
P.O. Box 2673 : i
Orlando, :L 32602-2873 : 1
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: 1 FIRST MODlFICATlpN:TO
e~N[UNG DEVELOPMENT ~G:REEMENT
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MpDIFICATION TO BINDI~G: DEVELOPMENT
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Modification"),. made and executed this ~
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. een the CITY OF WINTER SPRINGS, a ~Iorida municipal corporation CICity"},
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whose :address is 1126 East State ~oad 434, Vvihter Springs, Florida 32708, and
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TUSWILLA OFFICE!PARK, 1.1.C.,. a Florida porporation ("TOP"), whose address
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estwood Squar$, Suite E, Oviedo, Florida.: 32765.
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AGREEMENT
day of
, 2003, by
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HEREAS, the parties previously ent~red into a Binding Development
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.ent which is recorded in the Public Recprds of Seminole County at Official
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Recor :Book 04347, P~ge 1670 ("Binding Develop:ment Agreement"); and
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HEREAS, the :~inding Development Agre~ment binds that certain real property
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locate : within the City:6f Winter Springs as mord particularly and legally described in
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Exhib "A," which is :attached hereto and fully irccirporated herein by this reference
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HEREAS, TO~ desires to construct anp maintain an entrance feature and
signa on the Property, which will be generally located along Tuskawilla Road as
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: d in paragraph: f,Obelow ("Ent~ance Feat~re'p; and
WHEREAS, the: City Commission on Octdber: 14, 2002 conceptually approved
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the En ranee Feature referenced herein:; and i:
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Sent By:
Apr-23-03 4:54PM;
Page 3i5
BROWN,WARD,SALZMAN&WEISS,P.A.; 407 425 9596;
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. HEREAS, TOpjand the City Commission! desire to memorialize in writing the
final a~~roval of the Entfance F'eature under the +tniS and conditions set forth herein
by mOdifYing the Binding!oevelopment Agreement; ~nd
~HEREAS. the: !parties acknowledge : ant: agree thai all other terms and
conditiJ~s of the Bindin~ Development Agreement! not expressly modified by this First
MOdifiC' 'tion shall remaihlin full force and effect.. i.'
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OW, THEREFORE,: in consideration of tNe mutual promises, covenants and
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agree +nts set forth a~d :other good and valu~QI~ consideration, the receipt and
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sufficie ; y of which is h~reby acknowledged, the ~arties agree to modify the Binding
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Develo ~ ent Agreementias follows:
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~O Recitals. ~The foregoing recitals. ar~ hereby incorporated herein by this
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referen~. and deemed a material part of this First ~Odifrcation,
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;0 Entrance :Feature. The parties a~ree that TOP shall be allowed to
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constru? a new decor~tive business Entrance Feature on the Property generally
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located ~Iong Tuskawilla ~oad under the following t~rrris and conditions:
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2.1 The. j Entrance Feature shall; be constructed and perpetually
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maintained in complete. confornility:with the plans and specifications
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of th~ Entrance Feature descrjbe~ and depicted on the attached
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Exhi~it "B," as approved' by I the City Commission on April 28,
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2003) which are hereby fully incbrporated herein by this reference.
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2.2 It is jhe: intent and purpose at this First Modification to limit the
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Entrfce Feature for. the property to the Entrance Feature
mentl,oned in Paragraph 2.1 above;
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2.3 TOP Fhall apply for and obtain all'governmental permits which are
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ne~$sary to construCt the Eritrance Feature referenced in
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BROWN,WARD,SALZMAN&WEISS,P.A.; 407 425 9596;
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Par~~raph 2.1 above in co~pli~~ce with all applicable local, state,
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and JFdsrallaw. j :
2.4 TOP ;shall maintain the. Entrante Feature referenced in Paragraph
2.1 j:1 good ~nd reasonable con~itibn at all times.
2.5 unhHs the City Commission bJ m~jority vote agrees to modify the
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Binqing . Development Agreement, as amended by the First
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Modification, TOP shall not c~ange the exterior of the Entrance
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Feat~rein any material man~er .that would cause the Entrance
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Feat~re to appear differently th~r1 the Entrance Feature depicted in
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Exhi~it "B." i
Apr-23-03 4:54PM;
Page 4/5
Misc9I1an9~us. All terms and con~iticins of the Binding Development
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Agreem nt which are not expressly and specifically:modified by this First Modification
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shall co ( inue to remain i~ full force and effect. : .
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I : WITNESS WH~REOF, the parties have ~ecuted this First Modification as of
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the dat rrst written above. ; .
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cni OF WINTER SPRINGS
a FI<i>rida municipal corporation
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ANDRE, LORENZO-LUACES
City CI rk !
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By:. '.:
JOH!N F. BUSH, Mayor
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TUSKAWILLA OFFICE PARK, L.L.C.
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a Flcj)r.ida corporation
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BY:W1LLAM BARRETT, President
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Sent By: BROWN,WARD,SAL2MAN&WEI S,P.A.; 407 425 9596;
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STATE OF FLORIDA ! .
COUN ~ OF ; :
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he foregoing in .trument was aCknowledbed before me this _ day of
~ I 2003, ti~ WILLIAM BARRETT. P~esldent of TUSKAWILLA OFFICE
PARK. ~.L.C.. a Florida Corporation, [ ] who is per~onally known to me, or [ ] who has
produc ~ : i '. asidentifiqatiqn.
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NO ARY PUBLIC, State of Florida
My . onimission expires:
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