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Home My WebLink AboutSeminole Trail Animal Hospital Inc. First Amendment to Development Agreement - 2020 01 22 Grant Maloy, Clerk Of The Circuit Court&Comptroller Seminole County, FL Inst#2020015563 Book:9535 Page:1777-1781; (5 PAGES) RCD: 2/10/2020 4:20:15 PM REC FEE $44.00 THIS INSTRUMENT WAS PREPARED BY AND SHOULD BE RETURNED TO: Anthony A.Garganese,City Attorney Garganese,Weiss,D'Agresta&Salzman,P.A. I I I N.Orange Avenue,Suite 2000 Orlando,FL 32802 (407)425-9566 FIRST AMENDMENT TO DEVELOPER'S AGREEMENT (Tuscawilla Tract 15 Parcel 1-C) THIS FIRST AMENDMENT TO , DEVELOPER'S AGREEMENT (the "First Amendment") is made and entered into this day of January, 2020, by and between the City of Winter Springs, Florida, a political subdivision of the State of Florida (the "City"), 1126 E State Rd 434, Winter Springs, FL 32708 and Seminole Trail Animal Hospital Inc., a Florida corporation(the "Owner"), 383 Vistawilla Drive, Winter Springs, FL 32708. WITNESSETH: WHEREAS, the City and Owner's predecessor in interest entered into that certain Developer's Agreement Tuscawilla Tract 15 Parcel 1-C dated December 14, 1998 and recorded in Official Records Book 3574, Page 0540, Public Records of Seminole County, Florida ("Developer's Agreement"); WHEREAS, regarding Owner's property (the "Property"), Section 3.5 of the Developer's Agreement provides "[t]he outparcel No. 2 of the Kash n' Karry site shall be restricted to office use only"; WHEREAS, on August 23, 2019, Owner submitted its Application for DA Amendment; WHEREAS, the City and Owner desire to amend the Developer's Agreement to allow additional limited neighborhood commercial uses on the Property; NOW, THEREFORE, for and in consideration of the terms and conditions of this First Amendment and the mutual covenants set forth herein, and for other good and valuable consideration,the City and Owner agree as follows: A.AMENDMENT. The Developer's Agreement shall be amended to remove Section 3.5 and add the following section: Section 3.5 The following uses shall be permitted on Lot 4B, the tract herein (originally identified as "outparcel No. 2 of the Kash n' Karry site"and bearing the Parcel ID 05-21-31-505-0000-0040): 1 Book 9535 Page 1778 Instrument#2020015563 1. Office, 2. Dance, Music, Photographic, Art, Yoga, Marital Arts Studios, 3. Personal Training Studio (not to exceed a total of 1,200 sf) 4. Hair and Beauty Salons (including nail salons), 5. Cleaners, Alterations, Tailoring and Shoe Repair, 6. Confectionery and Ice Cream Stores (not to exceed to 1,000 sf) 7. Coffee, Tea Shops, and Bakery(not to exceed 1,000 sf), and 8. Limited Retail uses as described below,not to exceed a total of 3,000 sf combination: a. Florist and gifts (not to exceed 1,200 sf) b. Bicycle, Book, Jewelry, and Health Food Stores, (not to exceed 1,200 sf for each use) C. Clothing Boutique (not to exceed 1,200 sf) Development of the Property for any of the above-listed uses shall be subject to the following additional restrictions: 1 . Side Setback: The building setback from the side lot line abutting residential to the west shall be a minimum of 25 feet. In addition,this setback area must include enhanced and perpetually maintained landscaping,which shall include at least two additional canopy trees to be installed at such time a building is constructed on the Property, in order to mitigate the view of the building from the residential to the west. 2. There shall be no drive-throughs on the subject Property. 3 . There shall be no outdoor music, outdoor performances, or outdoor audio devices, such as outdoor speakers, on the subject Property. 4. Hours of Operation: Except for businesses engaging in office uses,no business located on the Property shall be open for transacting business with customers between the hours of 10:00 p.m. and 6:00 a.m. and nor shall the business receive products, merchandise, clothing, supplies, or groceries via truck deliveries during these hours. Notwithstanding, employees are permitted to work during these hours for the limited purpose of closing the business for the evening and preparing the business for opening in the morning. 5. There shall be no retail sales of alcohol and no retail sales,manufacturing, or compounding of any products derived from the hemp plant or cannabis plant, including 2 Book 9535 Page 1779 Instrument#2020015563 cannabidiol CBD ( ). B. EFFECTIVENESS. Except as amended herein, the Developer's Agreement shall remain in full force and effect. This First Amendment shall not be effective and binding until the latest date that this First Amendment is approved and signed by all parties hereto. The term of this First Amendment shall run concurrently with the term of the Developer's Agreement. IN WITNESS WHEREOF, Owner and the City have executed this First Amendment as of the day and year first above written. Signed, sealed and delivered in the CITY OF WINTER SPRINGS, FLORIDA, a presence of: political subdivision of the State of Florida By. Name: Charles Lacey, - Date: 61 ATTEST: By: Name: Christian Gowan,Interim City Clerk_= APPROVED AS TO FORM AND LEGALITY For the use and reliance of the City of Winter Springs, Florida only. Date: By: Ant . G ese, City Attorney for the City of Winter Springs, Florida STATE OF FLORIDA COUNTY OF SEMINOLE The foregoing instrument was acknowledged before me by means of(-KJ physical presence or (_) online notarization, this�iday of c. , 2020,by Charles Lacey, Mayor of THE CITY OF WINTER SPRINGS, FLORIDA,a mur6cipal corporation, on behalf of the corporation. He is personally known to me or has produced as identification. 3 Book 9535 Page 1780 Instrument#2020015563 (NOTARY SEAL) ry Public Si ure) CASEY NICOLE CARMAN (Print Name) ° Notary Public, State of—F I O✓i d a :°•'' �': Notary Public-State of Florida cam``tomt� a= Commission#GG 332477 �1 'Fo My Comm.Expires May B,Z023 Commission No.: ('mil-� Bonded through National Notary Assn. My Commission Expires: .3 Signed, sealed and delivered in the SEMINOLE TRAIL ANIMAL HOSPITAL, presence of the following witnesses: !;name AeXA ,{�� o andtitlev, W. , to%6�r5s Sure of Witness iAIJ'b rc4 h r /c cJa✓'C Date: I If Z /Zo-�o Printed Name of Witness gna re of�itnes Y✓ear09�16?�� Printed Name of Witness STATE OF COUNTY OF cS�rrJl�b e The foregoing instrument was acknowledged before me by means of( )p�hlsical Wesence or LLoon online notarization, this /J' day of J�—n1�cy�?� 2020, by}11jJ/��ir �' , the (gze of Seminole Trail Animal Hospital, Inc., a Florida corporation, on behalf of the corporation, who is personally known to me or produced j.�'��'ePu �1ccw'e as identification. (NOTARY SEAL) tary P blic S)'gnatur Yvette Frenqul ��y; ",I°" (Print Name) ,-0* $�dt8 Of�i0TId8 '4?a My Commission Expires 1011712020 Notary Public, State of /:;,,4?idg Commission No.GG 39461 Commission No.: e / My Commission pires: /d/7a6 DEVELOPER IS HEREBY ADVISED THAT SHOULD DEVELOPER FAIL TO FULLY EXECUTE, AND DELIVER TO THE CITY, THIS AGREEMENT WITHIN THIRTY (30) DAYS FROM THE DATE THAT THE CITY COMMISSION APPROVES THIS AGREEMENT, THIS AGREEMENT, AND THE DEVELOPMENT PERMIT APPROVALS REFERENCED HEREUNDER, SHALL AUTOMATICALLY BE DEEMED NULL AND VOID. 4 Book 9535 Page 1781 Instrument#2020015563 LEGAL DESCRIPTION OF PROPERTY A PORTION OF LOT 4,TUSCAWILLA TRACT 15,PARCEL 1-C,AS RECORDED IN PLAT BOOK 56,PAGE 29-32,PUBLIC RECORDS OF SEMINOLE COUNTY,FLORIDA,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF LOT 4,TUSCAWILLA TRACT 15,PARCEL I-C,AS RECORDED IN PLAT BBOK 56,PAGE 29-32,PUBLIC RECORDS OF SEMINOLE COUNTY,FLOIRDA,RUN THENCE S00°10'53"E,65.18 FEET FOR A POINT OF BEGINNING; THENCE SOUTH 49146'32"EAST,202.51 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE NORTHWESTERLY,HAVING A RADIUS OF 710.00 FEET;THENCE RUN SOUTHWESTERLY ALONG SAID CURVE FOR AN ARC DISTANCE OF 254.33 FEET,HAVING A CENTRAL ANGLE OF 20-31'26"AND A CHORD BEARING AND A DISTANCE OF SOUTH 53146114"WEST,252.97 FEET TO A POINT OF COMPOUND CURVATURE OF A CURVE CONCAVE NORTHWESTERLY,HAVING A RADIUS OF 710.00 FEET;THENCE RUN SOUTHWESTERLY ALONG SAID CURVE FOR AN ARC DISTANCE OF 5.02 FEET, HAVING A CENTRAL ANGLE OF 00024'17"AND A CHORD BEARING AND DISTANCE OF SOUTH 64-14106"WEST,5.02 FEET;THENCE DEPARTING SAID CURVE RUN NORTH 30°22'39"WEST, 163.00 FEET TO THE WEST LINE OF SAID LOT 4,THENCE RUN NORTH 59-37121"EAST, 157.87;THENCE RUN NORTH 00010153"EAST,62.01 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 38,621 SQUARE FF,ET(0.89 ACRES),MORE OR LESS. S