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Home My WebLink About2021 01 08 Public Hearing 400 - Development of Wendy’s Fast Food Restaurant #12660 EM PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY WEDNESDAY, J 8, 2020 MEETING TITLE ‎EǗʋǗșȯɒȢǗȤɫ ȯǱ þǗȤǐʒڙɝ fƬɝɫ‎ Food Restaurant #12660 The Community Development Department requests that the Planning and Zoning Board/Local Planning Agency hold a Public Hearing to considerAesthetic Review, Final Engineering Plans, multiple Waiver requests, and the Development ‎!ǲɕǗǗȢǗȤɫ Ǳȯɕ Ƭ ׭٨׬ױ׮Ð f þǗȤǐʒڙɝ fƬɝɫ fȯȯǐ‎ Restaurant, a permitted use within the Town Center. Applicant In˾nity Engineering Group, LLC Property Owner(s) JDBS Winter Springs, LLC (JDBS) Location 1218 E. State Road 434 Winter Springs, FL 32708 Tract Size ±.59 Acres Parcel ID Number 06-21-31-507-0000-0020 Zoning Town Center (T-C) | T5 Transect |Urban Center Zone Designation FLUM Designation Town Center District Adjacent Land Use North: Town Center District South: Town Center District East: Town Center District West: Town Center District Principle building Front/principle Rear: 3 Side: 0 ft. min, Frontage setbacks (from plane: 0 ft.-8 ft. ft. (from 24 ft. max. buildout: property line) max (from front rear (from side 80% min. property line) property property line) (at front line) setback) Development 18 ft. Lot Lot Width:Lot Coverage: Standards min., 180 ft. max.Depth: 100% max. 30 ft. min., 160 ft. max. Development Not applicable | Vacant Permits Development Development Agreement | Pending Agreement Code Enforcement Not applicable City Liens Not applicable JDBS Winter Springs, LLC (The Ocean Bleu‎ gɕȯɳɒڀ Ȁɝ ɒɕȯɒȯɝȀȤǲ ɫȯ ǈɳȀșǐ Ƭ þǗȤǐʒڙɝ ‎ Fast Food Restaurant in the Winter Springs Town Center. The proposed 2,163 SF one two-story (faux second-story) building is located on a ±.59-acre parcel on the north side of S.R. 434, east of Tuskawilla Road, west of Michael Blake Boulevard, and ‎ǐȀɕǗǉɫșʒ ȀȤ ǱɕȯȤɫ ȯǱ ÞǺǗ =șƬȕǗ !ɒƬɕɫȢǗȤɫɝ٭ Þ ǺǗ þǗȤǐʒڙɝ fƬɝɫ fȯȯǐ ÈǗɝɫƬɳɕƬȤɫ ‎ includes; a drive-thru pickup window, 28 indoor and 20 outdoor seating areas, on- site and on-street parking, bicycle parking, pedestrian access, enhanced landscaping, 6-ft. wide sidewalks, and a decorative aesthetic design package to both the building and surrounding site improvements. Pursuant to Section 9-603, which sets forth guidelines and minimum standards for Aesthetic Review packages, staff has utilized the below criteria in Section 9-603 to determine the following. The attached Aesthetic Review package includes all of the submittal requirements for aesthetic review as set forth in Section 9-600 through 9-607 and include the following: (a) a site plan; (b) elevations illustration all sides of structures facing public streets or spaces; (c) illustrations of all walls, fences, and other accessory structures and the indication of height and their associated materials; (d) elevation of proposed exterior permanent signs or other constructed elements other than habitable space, if any; (e) illustrations of materials, texture, and colors to be used on all buildings, accessory structures, exterior signs; and (f) other architectural and engineering data as may be required. The procedures for review and approval are set forth in Section 9-603. 1. The plans and speci˾cations of the proposed project indicate that the setting, landscaping, proportions, materials, colors, texture, scale, unity, balance, rhythm, contrast, and simplicity are coordinated in a harmonious manner relevant to the particular proposal, surrounding area and cultural character of the community. The proposed project consists of one two-story restaurant building (faux second-story) that provides a drive-thru lane and service window. The building has a tan, sand ˾nish stucco façade, as well as cedar wood composite siding on covered patio the sides of the building. The building utilizes a neutral color scheme and various yet highly compatible materials. 2. The plans for the proposed project are in harmony with any future development which has been formally approved by the City within the surrounding area. The proposed project is designed to contribute signi˾cantly to the quality architectural styles that are typical of the Winter Springs Town Center and the surrounding area. The proposed building represents a positive addition to the City of Winter Springs, and is a high-quality, unique design that is harmonious with its surroundings and will add value to the proposed location. 3. The plans for the proposed project are not excessively similar or dissimilar to any other building, structure or sign which is either fully constructed, permitted but not fully constructed, or included on the same permit application, and facing upon the same or intersecting street within ˾ve hundred (500) feet of the proposed site, with respect to one or more of the following features of exterior design and appearance: a. Front or side elevations; b. Size and arrangement of elevation facing the street, including reverse arrangement; or c. Other signi˾cant features of design such as, but not limited to: materials, roof line, hardscape improvements, and height or design elements. ‎ÞǺǗ ǱɕȯȤɫ ȯǱ ɫǺǗ ǈɳȀșǐȀȤǲ ʌǺȀǉǺ ǱƬǉǗɝ Ð٭È٭ Ǳ ٨ׯ׮ׯǗƬɫɳɕǗɝ ɫǺǗ ږþǗȤǐʒڙɝڗ ‎ trademark logo in a graphic format af˾xed to the faux second-story, including a covered outdoor patio and seating area which leads to an entrance/exit to the building, the design features pre-˾nished decorative metals and cedar wood composite siding on covered patio the sides of the building. The front also showcases glass windows from the ground ˿oor to the top of the roof line. The building has a tan, sand ˾nish stucco façade. The east side of the building, which will face Eagle Edge Lane, features the drive-thru area, which is screened by a six foot (6) landscape buffer. This side ‎ȯǱ ɫǺǗ ǈɳȀșǐȀȤǲ ǱǗƬɫɳɕǗɝ٨ ɫǺǗ þǗȤǐʒڙɝ ɫɕƬǐ‎emark logo in white, a view of the outdoor patio, a strip of glass windows from the ground to the top of the building, and stucco decorated textured walls with earth tone colors. ‎ÞǺǗ ɕǗƬɕ ȯǱ ɫǺǗ ǈɳȀșǐȀȤǲ٨ ʌǺȀǉǺ ʌȀșș ǱƬǉǗ ÐǗƬ oƬʌȕ >ȯʋǗ٨ ǱǗƬɫɳɕǗɝ Ƭ ږþǗȤǐʒڙɝڗ ‎ ‎ɝȀǲȤ ȀȤ ɫǗʑɫ٨ ƬȤǐ ƬȤȯɫǺǗɕ ږEɕȀʋǗڋÞǺɕɳڗ‎ directional sign, menu and intercom system for ordering food. The west (vacant) side of the building features a parking lot, the drive-thru ‎ɒȀǉȕɳɒ ʌȀȤǐȯʌɝ٨ ɫǺǗ þǗȤǐʒڙɝ ɫɕƬǐǗȢƬɕȕ ‎logo in white text, a view of the outdoor patio, lighting features, stucco decorated walls with texture and earth tone colors. A parking lot drive-thru lane encompasses the north, east and south sides of the building. 4. The plans for the proposed project are in harmony with, or signi˾cantly enhance, the established character of other buildings, structures or signs in the surrounding area with respect to architectural speci˾cations and design features deemed signi˾cant based upon commonly accepted architectural principles of the local community. The proposed project enhances the character and overall aesthetics of the surrounding area. The City of Winter Springs is comprised of diverse architectural styles and, therefore, the proposed project represents a positive addition to this area of the City. 5. The proposed project is consistent and compatible with the intent and purpose of this article, the Comprehensive Plan for Winter Springs, design criteria adopted by the city (e.g. Town Center guidelines, SR 434 design speci˾cations) and other applicable federal, state or local laws. The proposed building is designed to contribute to the quality architectural styles that are typical of the surrounding area. This project represents a positive addition to the City of Winter Springs Town Center. 6. The proposed project has incorporated significant architectural enhancements such as concrete masonry units with stucco, marble, termite-resistant wood, wrought iron, brick, columns and piers, porches, arches, fountains, planting areas, display windows, and other distinctive design detailing and promoting the character of the community. The proposed project is designed to contribute significantly to the quality architectural styles that are typical of the Winter Springs Town Center and the surrounding area. The proposed building represents a positive addition to the City of Winter Springs, and is a high-quality, unique design that is harmonious with its surroundings and will add value to the proposed location. ‎ÞǺǗ ɝȀɫǗڙɝ ɝɫȯɕȢʌƬɫǗɕ Ȁɝ ȢƬɝɫǗɕ ɒșƬ‎nned into The Blake Apartments master stormwater pond, which is located east of the Cross Seminole Trail. The pond is complete and it complies with the applicable St. Johns River Water Management District and the City of Winter Springs permit requirements. ‎þǗȤǐʒڙɝ ʌȀșș ǉȯȤȤǗǉɫ ɫȯ >Ȁɫʒ ȯǱ þȀȤɫǗɕ Ðɒ‎rings water and sewer facilities along Sea Hawk Cove. Transportation/Traf˾ ‎þǗȤǐʒڙɝ fƬɝɫ fȯȯǐ ÈǗɝɫƬɳɕƬȤɫ ʌȀșș ǈǗ ‎accessed to and from the site from a driveway connection located on Sea Hawk Cove. Sea Hawk Cove is accessible from Michael Blake Boulevard and Eagle Edge Lane. Traf˾c Planning and Design, Inc. prepared a Traf˾c Impact Analysis for the subject property. The trip generation of the proposed development was calculated with the use of trip generation rates obtained from the 10th Edition of the ITE Trip Generation Manual. The proposed development is projected to generate 158 new net daily trips, of which 87 will occur in the A.M. peak hour and 71 will occur in the P.M. peak hour. Adequate Level of Service (LOS) at all roadway segments will continue at all segments. Intersections to continue to operate at acceptable LOS. The results of the intersection capacity analysis indicate that the all study intersections operate at satisfactory overall Levels of Service except for southbound approach at the intersection of SR 434 and Tuskawilla Road. Michael Blake Boulevard will increase LOS with signalization. ‎ÞǺǗ ɒɕȯɒȯɝǗǐ þǗȤǐʒڙɝ Ȁɝ ׭٨׬ױ׮ɝ ɔɳƬɕǗ Ǳ‎eet which is consistent with the trip generation calculations presented in the traf˾c analysis and therefore the results of the traf˾c analysis remain consistent with the proposed development. The proposed projected traf˾c is consistent and comparable with the approved Starbucks development located east of the subject property. Parking A parking lot is located on the west side of the building. Developments within the Town Center do not have a speci˾c parking ratio requirement. However, this development had been designed to meet ‎ɫǺǗ >Ȁɫʒڙɝ ɒƬɕȕȀȤǲ ǉȯǐǗ ȯɳɫɝȀǐǗ ȯǱ ɫǺǗ ‎ Town Center which is 1.0 spaces per 100 SF, LDC Section 9-277(26). A parking lot is located on the west side of the building. A drive-thru lane encompasses the north, east and south sides of the building. The parking lot has 17 on-site, and 9 on-street parking spaces, including two handicap spaces, for a total of 28 parking spaces. ‎ÐǗǉɫȀȯȤ ׭׫ڈ ٭ׯ׮ڋ þƬȀʋǗɕɝ٭ ‎ (a)Any real property owner may ˾le a waiver application requesting a waiver for their real property from any term and condition of this chapter (except from the list of permitted, conditional and prohibited uses set forth in any zoning district category). (b)The Planning and Zoning Board shall be required to review all waiver applications and make a written recommendation to the City Commission. ‎ÐɳǉǺ ɕǗǉȯȢȢǗȤǐƬɫȀȯȤ ɝǺƬșș ȀȤǉșɳǐǗ ɫǺǗ ɕǗƬɝȯȤɝ Ǳȯɕ ɫǺǗ =ȯƬɕǐڙɝ ‎ recommendation and show the board has considered the applicable waiver criteria set forth in this section. (c)‎åɒȯȤ ɕǗǉǗȀɒɫ ȯǱ ɫǺǗ ÅșƬȤȤȀȤǲ ƬȤǐ ĎȯȤȀȤǲ =ȯƬɕǐڙɝ ɕǗǉȯȢȢǗȤǐƬɫȀȯȤ٨ ɫǺǗ >Ȁɫʒ ‎ Commission shall make a ˾nal decision on the application. If the City Commission determines that the Planning and Zoning Board has not made a recommendation on an application within a reasonable period of time, the City Commission may, at its discretion, consider an application without the Planning and Zoning Board's recommendation. (d)All waiver recommendations and ˾nal decisions shall comply with the following criteria: 3 1. The applicant clearly demonstrates that the applicable term or condition clearly creates an illogical, impossible, impractical, or patently unreasonable result related to the proposed property and development. 2. The proposed development plan is in substantial compliance with this chapter and in compliance with the comprehensive plan. 3. The proposed development plan will signi˾cantly enhance the real property. 4. The proposed development plan serves the public health, safety, and welfare. 5. The waiver will not diminish property values in or alter the essential character of the surrounding neighborhood. 6. The waiver granted is the minimum waiver that will eliminate or reduce the illogical, impossible, impractical, or patently unreasonable result caused by the applicable term or condition under this chapter. 7. The proposed development plan is compatible and harmonious with the surrounding neighborhood. 8. Whether the applicant has agreed to execute a binding development agreement required by city to incorporate the terms and conditions of approval deemed necessary by the city commission including, but not limited to, any mitigative techniques and plans required by City Code. The applicant requests that the Planning and Zoning Board consider the nine (9) waiver requests below: WaiversRequest/Justi˾cation 1. The applicant requests a waiver to increase the front setback from S.R. 434, maximum to approximately ±54.6 feet. in lieu of a maximum of 8 feet. Justi˾cation: This waiver necessary based on the inclusion of a number of enhancements in front of the building, including an outdoor patio dining area, landscaping, and an access lane that functions as ‎Ƭ ǱɕȯȤɫƬǲǗ ɕȯƬǐ Ǳȯɕ þǗȤǐʒڙɝ ƬȤǐ ɫǺǗ ‎ ‎ƬǐȑƬǉǗȤɫ ǉȯȢȢǗɕǉȀƬș șȯɫ ɫȯ ɫǺǗ ǗƬɝɫ٭ uȢɒȯɝȀȤǲ ɫǺǗ ڙ׳ ȢƬʑȀȢɳȢ ɝǗɫǈƬǉȕ ‎ would create an illogical or unreasonable result because the feature corner building could not otherwise be achieved. This waiver request is necessary to allow for the construction of the building on that corner without compromising the drive thru lane and pedestrian safety. City Code: Sec. 20-325. - Transect standards. T5 (Urban Center Zone) Principle building setbacks (from property line) ‎fɕȯȤɫٳɒɕȀȤǉȀɒșǗ ɒșƬȤǗڋ Ǳ ׫ɫ׳ڇ٭ Ǳɫ٭ ȢƬʑ ٿǱɕȯȢ ǱɕȯȤɫ ɒɕȯɒǗɕɫʒ șȀȤǗڀ ‎ 2. The applicant requests a waiver from the required minimum of zero (0)-foot and maximum of twenty-four-foot (24)-foot maximum side principle plane setback for the building with a side principle plane setback of ±91.44 feet from the western property line. Justi˾cation This waiver request is due lot size, location, and intended use of proposed structure need for on-site parking and pedestrian connections. City Code: Sec. 20-325. - Transect standards. Lot Design Guidelines Table. T5 (Urban Center Zone) Principle building setbacks (from property line) Side - 0 ft. min, 24 ft. max. (from side property line) 3. The applicant requests a waiver to reduce the 80% frontage buildout at the front setback required in the T5 transect to approximately ±25 percent frontage. Justi˾cation This Waiver request is necessary that it would be highly impractical for a small stand-alone fast food restaurant building on a ±.59-acre lot to achieve an 80% frontage buildout at the front setback, while still providing adequate parking, access, landscaping, and pedestrian facilities. To offset the frontage buildout reduction, the site includes enhanced landscaping, and a 6-foot wide sidewalk along the S.R. 434 frontage. City Code: Sec. 20-325. - Transect standards. Lot Design Guidelines Table. T5 (Urban Center Zone) Frontage buildout - 80% min. (at front setback) 4. The applicant requests a waiver to locate the drive-thru service window on the west side of the building rather than the rear of the building. Justi˾cation Since the drive-thru lane is not to the rear of the building and will be visible from S.R. 434, intensi˾ed landscaping shall be provided between the drive- thru lane, which effectively blocks the view of vehicles in the drive-thru lane from the surrounding streets and sidewalks. Adjacent parking is proposed along the area adjacent to the two (2) drive-thru windows. City Code: ‎ÐǗǉڦ ڈ؊؈؉ڦ؆؈ ڈ gǗȤǗɕƬș ɒɕȯʋȀɝȀȯȤɝڈ ‎ 6. Drive-throughs. Drive-through service windows are only permitted in the rear in and alley accessed locations provided they do not substantially disrupt pedestrian activity or surrounding uses. 5. The applicant requests a waiver to allow 10 parking spaces between landscaping islands in lieu of requiring landscaping islands every six (6) parking spaces. Justi˾cation This waiver request is due small lot size and the need for adequate parking on site. City Code Sec. 20-324. - General provisions. 8. f. Parking lot landscaping requirements. 6. The applicant requests a Waiver to reduce the off-street parking lot setback from S.R. 434 from a required minimum setback of 50-feet to approximately 40-feet. Justi˾cation Based on the relatively small sized lot and location of the off-street parking, plus the inclusion of landscaping along the S.R. 434 frontage, it is impossible to meet the minimum setback and to provide adequate screening of the off- street parking lot and provide key pedestrian connections. City Code Sec. 20-324. - General provisions. 8c. Off-street surface parking lot placement. Off-street surface parking lots shall be set back a minimum of ˾fty (50) feet from the property line along the main street to accommodate liner buildings. 7. The applicant requests a waiver for Commercial Area: (A) ‎ڙױ‎ sidewalk in lieu ‎ȯǱ Ƭ ׬׭ڙ ɝȀǐǗʌƬșȕ ƬȤǐ ڀ=ٿ gɕǗǗȤɝɒƬǉǗ ɫȯ ȢƬȀȤɫƬȀȤ ׬׭ڙ ɒșƬȤɫȀȤǲ ƬɕǗƬ ٿǲɕǗǗȤ ‎ ‎ɝɒƬǉǗڀ ȀȤ șȀǗɳ ȯǱ ׬ڙװ ǲɕǗǗȤɝɒƬǉǗ٭ ‎ Justi˾cation There is not enough room on the site and adjacent to the right-of-way to ‎ǉȯȤɝɫɕɳǉɫ Ƭ ɝȀǐǗ ʌƬșȕ șƬɕǲǗɕ ɫǺƬȤ ڙױ ʌȀǐǗ٭ Þ ǺǗ ǐǗɝȀǲȤ Ȁɝ ȀȤ ǺƬɕȢȯȤʒ ʌȀɫǺ ‎ current and proposed developments located on S.R. 434. City Code Sec. 20-325 Transect T5 (Urban Center Zone) (c) ‎ÞǺȯɕȯɳǲǺǱƬɕǗ ɝɫƬȤǐƬɕǐɝڈ‎ (3) Urban Boulevard. 8. The applicant requests a waiver for one freestanding monument sign. Justi˾cation A waiver is required to construct a freestanding monument sign along State Road 434 frontage. City Code Sec. 20-325 Transect T5 (Urban Center Zone) Sec. 20-327.1. - Signs. (a) 9. The applicant requests a waiver to include a permanent menu board sign and internal lighting. At this time, only temporary menu board signs are permitted subject to the restrictions and uniform design standards set forth in this Town Center Code. The Town Center Code requires that signs shall be externally lit. The menu board sign requires internal lighting. Justi˾cation A waiver is required to construct a menu sign and internal lighting for the ‎ȯɒǗɕƬɫȀȯȤ ȯǱ ɫǺǗ þǗȤǐʒڙɝ fƬɝɫ fȯȯǐ ÈǗɝɫƬɳɕƬȤɫ٭ ‎ City Code Sec. 20-325 Transect T5 (Urban Center Zone) Sec. 20-327.1. - Signs. (a) In evaluation of the above nine (9) proposed waiver requests, the applicant has satis˾ed the eight (8) speci˾c criteria as required. The proposed development plan ‎Ȁɝ ȯɫǺǗɕʌȀɝǗ ȀȤ ɝɳǈɝɫƬȤɫȀƬș ǉȯȢɒșȀƬȤǉǗ ʌȀɫǺ >ǺƬɒɫǗɕ ׭׫ ȯǱ ɫǺǗ >Ȁɫʒڙɝ >ȯǐǗ ȯǱ ‎ Ordinances and in compliance with the Comprehensive Plan. ‎EǗʋǗșȯɒȢǗȤɫ ȯǱ ɫǺǗ ɝɳǈȑǗǉɫ ɒɕȯɒǗɕɫʒ Ƭɝ Ƭ þǗȤǐʒڙɝ fƬɝɫ fȯȯǐ ÈǗɝɫƬɳɕƬȤɫ Ȁɝ ‎ ‎ƬȤɫȀǉȀɒƬɫǗǐ ɫȯ ɒɕȯʋȀǐǗ ƬȤ ȀȤǉɕǗƬɝǗ ɫȯ ɫǺǗ >Ȁɫʒڙɝ ɫƬʑƬǈșǗ ʋƬșɳǗ٨ Ƭɝ ʌǗșș Ƭɝ ɒɕȯʋȀǐǗ Ƭ ‎ catalyst for future commercial development in the surrounding area. Impact Fees/Unit > Based on total SF (square footage), GFA (gross ˿oor area) unless ‎ȤȯɫǗǐ ȯɫǺǗɕʌȀɝǗ ڈ ȯȤڋÈǗɝȀǐǗȤɫȀƬș٭ ‎ ‎þǗȤǐʒڙɝ ۠׭٨׬ױ׮Ð f ٿfƬɝɫ fȯȯǐ ÈǗɝɫƬɳɕƬȤɫ ʌٳ EɕȀʋǗڋɫǺɕɳڀ ȯ>ȢȢǗɕǉȀƬș ‎ Transportation/Road: $ 19,216.00/1,000 SF GFA = $ 69,177.60 Fire: $ 320.00/1,000 net SF = $ 1,152.00 Police: $ 0.156 per SF = $ 561.60 Parks & Recreation: N/A ‎>Ȁɫʒ uȢɒƬǉɫ fǗǗɝ ٿþǗȤǐʒڙɝڀ ÞȯɫƬș ۘ ٭׬״׳٨׫ײ ڼ׭׫ ‎ March8, 2019 Combined Preliminary/FinalSite Plan | Application Submittal | Under Review May 7, 2019 Aesthetic Review Application September 16, 2019 Waiver Application December 12, 2019 Waiver Application - Revised December 17, 2019 Community Workshop Meeting Home Rule Powers Winter Springs Code of Ordinances Town Center District Code City of Winter Springs Comprehensive Plan The Meeting Agenda and this Agenda Item have been forwarded to the Planning and Zoning Board / Local Planning Agency ‎ȢǗȢǈǗɕɝ ƬȤǐ ƬɕǗ ƬʋƬȀșƬǈșǗ ȯȤ ɫǺǗ >Ȁɫʒڙɝ ‎ ‎þǗǈɝȀɫǗ٨ ƬɝǗɕfȀǉǺǗ٨ ƬȤǐ ɫǺǗ >Ȁɫʒڙɝ ÐǗɕʋǗɕ‎. The Agenda has been forwarded to the Mayor and City Commission; City Manager; and City Attorney/Staff. Additionally, the ‎ǗǗɫȀȤǲ !ǲǗȤǐƬ ǺƬɝ ǈǗǗȤ ɝǗȤɫ ɫȯ ȢǗǐȀƬٳɒɕǗɝɝ ɕǗɒɕǗɝǗȤɫƬɫȀʋǗɝ٨ Ƭșș oȯȢǗȯʌȤǗɕڙɝ ‎ Associations on ˾le with the City, all owners of real property adjacent to and within approximately one thousand feet of the subject property, all individuals who have requested Agenda information, Department Directors; and also posted outside City Hall; posted inside City Hall with additional copies available for the general public. Staff recommends that the Planning and Zoning Board/Local Planning Agency forward a recommendation of approval to the City Commission for the Aesthetic Review, Final Engineering Plans, multiple Waivers from the Town Center Code, and ‎ɫǺǗ EǗʋǗșȯɒȢǗȤɫ !ǲɕǗǗȢǗȤɫ Ǳȯɕ Ƭ ׭٨׬ױ׮Ð f þǗȤǐʒڙɝ fƬɝɫ fȯȯǐ ÈǗɝɫƬɳɕƬȤɫ٭ ‎ contingent upon the below conditions of approval. Approval of the Final Engineering Plan, Aesthetic Plans, and Waivers shall be contingent upon the execution of the Development Agreement and completion of all obligations contained therein. 1.The Developer (JDBS Winter Springs) shall be required to obtain a private easement to allow JDBS Winter Springs to plant, install, construct, maintain, and repair landscaping, vegetation, and parallel parking spaces within the ‎ɒɕȀʋƬɫǗ ɕȀǲǺɫڋȯǱڋʌƬʒ Ǳȯɕ ɫǺƬɫ ɒȯɕɫȀȯȤ ȯǱ ÐǗƬ oƬʌȕ >ȯʋǗ ȕȤȯʌȤ Ƭɝ ږÞɕƬǉɫ Eڗ ‎ per the Winter Springs Apartments Replat, Plat Book 82, Pages 63 through 66, in a width suf˾cient to accommodate the proposed landscaping, vegetation and parallel parking spaces as depicted in the Final Engineering Plans. 2.The Developer (JDBS Winter Springs) shall be required to obtain a public easement in favor of the City of Winter Springs, in a form to be approved by the City Attorney, to allow for the construction and maintenance of a sidewalk for public pedestrian access and use within the private right-of-way ‎Ǳȯɕ ɫǺƬɫ ɒȯɕɫȀȯȤ ȯǱ ÐǗƬ oƬʌȕ >ȯʋǗ ȕȤȯʌȤ Ƭɝ ږÞɕƬǉɫ Eڗ ɒǗɕ ɫǺǗ þȀȤɫǗɕ ÐɒɕȀȤǲɝ ‎ Apartments Replat, Plat Book 82, Pages 63 through 66, in a width suf˾cient to accommodate the proposed sidewalk as depicted in the Final Engineering Plans. 3.The Developer (JDBS Winter Springs) shall be required to obtain a public easement in favor of the City of Winter Springs, in a form to be approved by the City Attorney, to allow for public parking use of the parallel parking spaces within the private right-of-way for that portion of Sea Hawk Cove ‎ȕȤȯʌȤ Ƭɝ ږÞɕƬǉɫ Eڗ ɒǗɕ ɫǺǗ þȀȤɫǗɕ ÐɒɕȀ‎ngs Apartments Replat, Plat Book 82, Pages 63 through 66. The Developer shall not be permitted to close the parallel parking spaces on Sea Hawk Cove to the public, except for the purpose of making necessary repairs and conducting maintenance and provided ˾‎ʋǗ ڀװٿ ǈɳɝȀȤǗɝɝ ǐƬʒɝڙ ȤȯɫȀǉǗ Ȁɝ ǲȀʋǗȤ ɫȯ ɫǺǗ >Ȁɫʒ٭ Þ ǺǗ EǗʋǗșȯɒǗɕ ‎ shall not be permitted to install signage labeling the parallel parking spaces ‎Ǳȯɕ þǗȤǐʒڙɝ ǉɳɝɫȯȢǗɕ ɳɝǗ ȯȤșʒ٨ ȯɕ Ǳȯɕ ɫǺ‎‎Ǘ ɝȯșǗ ɳɝǗ ȯǱ ƬȤʒ ǱɳɫɳɕǗ ǈɳɝȀȤǗɝɝڙɝ ‎ customers. 4.The Developer shall obtain the easements described in Conditions of Approval 1-4 prior to obtaining any building permits. 5.The Developer currently owns both the subject parcel and the adjacent parcel, intended to be a future site of a Chase Bank, which will share a common driveway access. The common driveway access will be constructed to straddle the subj‎Ǘǉɫ ɒƬɕǉǗșڙɝ ʌǗɝɫǗɕȤ ɒɕȯɒǗɕɫʒ ‎ line. Therefore, should the Developer ever in the future sell or convey either the subject parcel, Parcel ID 06-21-31-507-0000-0020, or the adjacent parcel, Parcel ID 06-21-31-507-0000-0010, the Developer shall be required to reserve an ingress and egress easement over the common driveway for the bene˾t of the remaining parcel. Should the parties ever mutually desire to terminate said ingress and egress easement over the common driveway, prior to executing such termination, the Parties shall seek and receive consent from the City of Winter Springs and obtain an amendment to the site plan. 6.The Developer shall add a decorative railing for safety purposes along the sidewalk located between the parking lot and the drive-through window. 1.‎MʑǺȀǈȀɫ ׬ ڈ ýȀǉȀȤȀɫʒ Ƭɒ ‎ 2.‎MʑǺȀǈȀɫ ׭ ڈ Ǘ!ɝɫǺǗɫȀǉ ÈǗʋȀǗʌ ÅșƬȤɝ ‎ 3.‎MʑǺȀǈȀɫ ׮ ڈ fȀȤƬș MȤǲȀȤǗǗɕȀȤǲ ÅșƬȤɝ ‎ 4.‎MʑǺȀǈȀɫ ׯ ڈ ÞɕƬǱ‎˾c Review 5.‎MʑǺȀǈȀɫ ڈ װ þƬȀʋǗɕ !ɒɒșȀǉƬɫȀȯȤ ‎ 6.‎MʑǺȀǈȀɫ ڈ ױ EǗʋǗșȯɒȢǗȤɫ !ǲɕǗǗȢǗȤɫ ‎ PurdyHartley 8" 6'-3"6'-3"6'-3" 3'-0" 8" 2'-0" 4'-4" PurdyHartley 6'-8" 11'-6", TYP. 11'-6" 2'-6" 6'-3"6'-2 3/4" 7'-4" 1'-8" 11'-6", TYP. 6'-3"6'-2 3/4" XN!36 NPOVNFOU OTT$;!:1124555 @!.!@ 5!.!E 5!.!k 2!.!8 _sbef NBUFSJBMT!'!TQFDT \\\]^!C5?d!.!pvumjof 5311!Mznbo!Dpvsu911/655/7837tbmftAobutjhotzt/dpn Ijmmjbse!Pijp-!54137725/961/3651 XN!51 NPOVNFOU OTT$;!:11247:7 5!.!E 5!.!k 2!.!8 _sbef NBUFSJBMT!'!TQFDT \\\]^!C5?d!.!pvumjof hspvoe!qpmf!bu!=!.!2!mpoh 5311!Mznbo!Dpvsu911/655/7837tbmftAobutjhotzt/dpn Ijmmjbse!Pijp-!54137725/961/3651 SN6311 FYUFSJPS!TJHOBHF OTT$;!:1123:21 Pqujpobm!sfnpwbcmf! nfubm!cmbdlpvu!mjofs! bwbjmbcmf!jg!csfblgbtu!jt! opu!cfjoh!tfswfe/!! Xjmm!opu!xbsq!ps!gbef/ OTT$;!:1123275 NBUFSJBMT!'!TQFDT Dpwfs!eppst!.!mpdljoh!tjef!ijohfe!eppst!boe!tdsbudi0nbs!sftjtubou!gbdft +Upubm!fmfdusjdbm!mpbe;!7/83!bnqt/! Sfrvjsft!)2*!31!bnq!djsdvju!A!231W071I{!)bmm!dpnqpofout!VM!mjtufe* sfw!7028 5311!Mznbo!Dpvsu911/655/7837tbmftAobutjhotzt/dpn Ijmmjbse!Pijp-!54137725/961/3651 PurdyHartley . below before you dig. Call Know what's . below before you dig. Call Know what's Ejhjubmmz!tjhofe!cz!Ojtju!Tbqqbslibp!EO;!d>VT-!do>Ojtju!Tbqqbslibp-!fnbjm>ojtjuAjfhspvq/ofu!Ebuf;!3131/12/14!22;5:;28!.16(11( STOP Ejhjubmmz!tjhofe!cz!Ojtju!Tbqqbslibp!EO;!d>VT-!do>Ojtju!Tbqqbslibp-!fnbjm>ojtjuAjfhspvq/ofu!Ebuf;!3131/12/14!22;61;56!.16(11( E REV 3130 VERONA AVEBUFORD, GA 30518PHN (770) 932-2443FAX (770) 932-2490www.nyloplast-us.com 7001-110-189 (6" MIN. BASED ON ACCORDING TO PLANS MANUFACTURING REQ.) (3) VARIABLE SUMP DEPTH 12 IN DRAIN BASIN QUICK SPEC INSTALLATION DETAIL TITLE DWG NO. 1 OF 1 18" MIN WIDTH GUIDELINE 8" MIN THICKNESS GUIDELINE SHEET 4" MIN 1:20 TRAFFIC LOADS: CONCRETE SLAB DIMENSIONS ARE FORGUIDELINE PURPOSES ONLY. ACTUAL CONCRETE SLAB MUST BEDESIGNED TAKING INTO CONSIDERATION LOCAL SOIL CONDITIONS,TRAFFIC LOADING, & OTHER APPLICABLE DESIGN FACTORS.SEE DRAWING NO. 7001-110-111 FOR NON TRAFFIC INSTALLATION. MATERIALPROJECT NO./NAMESCALE A EBCNMH 03-29-0603-11-16 DRAWN BYDATEREVISED BYDATEDWG SIZE 2013 NYLOPLAST PLANS ANGLES (5) ADAPTER ACCORDING TO VARIABLE 0° - 360° THIS PRINT DISCLOSES SUBJECT MATTER IN WHICHTRANSFER, OR LICENSE THE USE OF THE DESIGN ORTECHNICAL INFORMATION SHOWN HEREINARTICLE HEREFROM, FOR THE DISCLOSURE TO OTHERS NYLOPLAST HAS PROPRIETARY RIGHTS. THE RECEIPTOR POSSESSION OF THIS PRINT DOES NOT CONFER,REPRODUCTION OF THIS PRINT OR ANY INFORMATIONCONTAINED HEREIN, OR MANUFACTURE OF ANYIS FORBIDDEN, EXCEPT BY SPECIFIC WRITTENPERMISSION FROM NYLOPLAST. NYLOPLAST 12" DRAIN BASIN: 2812AG _ _ X DEPTH PER PIPE MANUFACTURER RECOMMENDATION MINIMUM PIPE BURIAL (MIN. MANUFACTURING REQ. SAME AS MIN. SUMP) WATERTIGHT JOINT (CORRUGATED HDPE SHOWN) PLANS/TAKE OFF) CLASS II, OR CLASS III MATERIAL AS DEFINED IN ASTM D2321. AVAILABLE (ACCORDING TO (1, 2) INTEGRATED DUCTILE IRON (3) VARIABLE INVERT HEIGHTSTHE BACKFILL MATERIAL SHALL BE CRUSHED STONE OR OTHER GRANULAR MATERIAL MEETING THE REQUIREMENTS OF CLASS I,BEDDING & BACKFILL FOR SURFACE DRAINAGE INLETS SHALL BE FRAME & GRATE TO MATCH BASIN O.D. PLACED & COMPACTED UNIFORMLY IN ACCORDANCE WITH ASTM D2321. (4) VARIOUS TYPES OF INLET & OUTLET ADAPTERS AVAILABLE: ADS/HANCOR SINGLE WALL), N-12 HP, PVC SEWER (EX: SDR 35), 4" - 12" FOR CORRUGATED HDPE (ADS N-12/HANCOR DUAL WALL, PVC DWV (EX: SCH 40), PVC C900/C905, CORRUGATED & RIBBED PVC WITH THE EXCEPTION OF THE BRONZE GRATE.2 - FRAMES SHALL BE DUCTILE IRON PER ASTM A536 GRADE 70-50-053 - DRAIN BASIN TO BE CUSTOM MANUFACTURED ACCORDING TO PLAN DETAILS. RISERS ARE NEEDED FOR BASINS OVER 84" DUE TO SHIPPING RESTRICTIONS. SEE DRAWING NO. 7001-110-0654 - DRAINAGE CONNECTION STUB JOINT TIGHTNESS SHALL CONFORM TO ASTM D3212 FOR CORRUGATED HDPE (ADS N-12/HANCOR DUAL WALL), N-12 HP, & PVC SEWER.5 - ADAPTERS CAN BE MOUNTED ON ANY ANGLE 0° TO 360°. TO DETERMINE MINIMUM ANGLE BETWEEN ADAPTERS SEE DRAWING NO. 7001-110-012. 1 - GRATES/SOLID COVER SHALL BE DUCTILE IRON PER ASTM A536 GRADE 70-50-05, I C 5 { { 5 . { / h C 5 Ejhjubmmz!tjhofe!cz!Ojtju!Tbqqbslibp!EO;!d>VT-!do>Ojtju!Tbqqbslibp-!fnbjm>ojtjuAjfhspvq/ofu!Ebuf;!3131/12/14!22;62;2:!.16(11( CI 5 { { 5 . { no revisions are required o no revisions to the analysis are required o no revisions to the analysis are required o no revisions to the analysis are required o o no revisions to the analysis are required o 5ĻĭĻƒĬĻƩ ЊЋͲ ЋЉЊВ aƭ͵ ağƩƌğ aƚƌźƓğ {Ʃ͵ tƌğƓƓĻƩ /źƷǤ ƚŅ źƓƷĻƩ {ƦƩźƓŭƭ ЊЊЋЏ 9ğƭƷ {ƷğƷĻ wƚğķ ЍЌЍ źƓƷĻƩ {ƦƩźƓŭƭͲ C\[ ЌЋАЉБ RE: Project Name: Site Address: 1218 E. State Road 434 Winter Springs, FL 32708 Application No. ZP2019-00000007 Waivers Requested: Њ͵ ŷĻ ĻźŭŷƷ ΛБΜΏŅƚƚƷ ƒğǣ ĬǒźƌķźƓŭ ŅƩƚƓƷ ƦƩźƓĭźƦƌĻ ƦƌğƓĻ ƭĻƷĬğĭƉ źƭ ƓƚƷ ĬĻźƓŭ ƒĻƷ Λ\[5/ ƩğƓƭĻĭƷ Ў {ĻƷĬğĭƉ ğĬƌĻΜ͵ Response: A waiver is requested to the requirement of LDC Transect 5 Setback for an eight (8)-foot maximum building front principle plane setback to allow a building with a front principle plain setback of ± 54.6 feet. Ћ͵ ŷĻ ƩĻƨǒźƩĻķ ƒźƓźƒǒƒ ƚŅ Љ ŅĻĻƷ ğƓķ ƒğǣźƒǒƒ ƚŅ ƷǞĻƓƷǤΏŅƚǒƩΏŅƚƚƷ ƒğǣźƒǒƒ ƭźķĻ ƦƩźƓĭźƦƌĻ ƦƌğƓĻ ƭĻƷĬğĭƉ ŅƚƩ ƷŷĻ ĬǒźƌķźƓŭ ƚƓ ƷŷĻ ǞĻƭƷĻƩƓ ƦƩƚƦĻƩƷǤ ƭźķĻ źƭ ƓƚƷ ĬĻźƓŭ ƒĻƷ Λ\[5/ ƩğƓƭĻĭƷ Ў {ĻƷĬğĭƉ ğĬƌĻΜ͵ Response: A waiver is requested to the requirement of LDC Transect 5 Setback Table for a side principle plane setback of a minimum of 0 feet and a maximum of 24 feet to allow a building with a side principle plane setback of ±91.44 feet from the western property line Ќ͵ ŷĻ ƒźƓźƒǒƒ БЉ ƦĻƩĭĻƓƷ ŅƩƚƓƷğŭĻ ĬǒźƌķƚǒƷ ğƷ ŅƩƚƓƷ ƭĻƷĬğĭƉ źƭ ƓƚƷ ĬĻźƓŭ ƒĻƷ Λ\[5/ ƩğƓƭĻĭƷ Ў {ĻƷĬğĭƉ ğĬƌĻΜ͵ Response: A waiver is requested to the requirement of the LDC Transect 5 Setback Table for 80 percent building frontage at the front setback to allow a building with ± 25 percent frontage. Ѝ͵ {źƓĭĻ ƷŷĻ ķƩźǝĻΏƷŷƩǒ ƌğƓĻ źƭ ƓƚƷ Ʒƚ ƷŷĻ ƩĻğƩ ƚŅ ƷŷĻ ĬǒźƌķźƓŭ ğƓķ Ǟźƌƌ ĬĻ ǝźƭźĬƌĻ ŅƩƚƒ {ƷğƷĻ wƚğķ ЍЌЍͲ ĻźƷŷĻƩ źƓƷĻƓƭźŅźĻķ ƌğƓķƭĭğƦźƓŭ ƚƩ ğ Ǟğƌƌ ƭŷğƌƌ ĬĻ ƦƩƚǝźķĻķ ĬĻƷǞĻĻƓ ƷŷĻ ķƩźǝĻ ƷŷƩǒ ƌğƓĻ ğƓķ ƷŷĻ ğķƆğĭĻƓƷ ƦğƩƉźƓŭ ğƌƚƓŭ ƷŷĻ ğƩĻğ ĬĻƷǞĻĻƓ ƷŷĻ ƷǞƚ ΛЋΜ ķƩźǝĻΏƷŷƩǒ ǞźƓķƚǞƭ͵ Response: A waiver is requested to LDC subsection 20-324(6) requiring drive-thru windows to be located in the rear or in alley accessed location to allow a drive-thru window to the side of the building. Ў͵ tĻƩ \[5/ ЋЉΏЌЋЍΛБΜ͵ŅͲ ƷŷĻ ƌğƓķƭĭğƦĻ źƭƌğƓķƭ ğƩĻ ƩĻƨǒźƩĻķ ĻǝĻƩǤ ΛЏΜ ƭƦğĭĻƭ źƓ ƷŷĻ ƦğƩƉźƓŭ ƌƚƷ͵ Response: A waiver is requested to the requirement of LDC subsection 20-324(8).f requiring landscaping islands every six (6) parking spaces to allow 10 parking spaces between landscaping islands tƌĻğƭĻ ķƚ ƓƚƷ ŷĻƭźƷğƷĻ Ʒƚ ĭƚƓƷğĭƷ ǒƭ ğƷ ΛБЊЌΜ ЍЌЍΏЍААЉ ǞźƷŷ ğƓǤ ĭƚƒƒĻƓƷƭ ƚƩ ƨǒĻƭƷźƚƓƭ͵ {źƓĭĻƩĻƌǤͲ LƓŅźƓźƷǤ 9ƓŭźƓĻĻƩźƓŭ DƩƚǒƦͲ \[\[/͵ bźƭźƷ {ğƦƦğƩƉŷğƚͲ t͵9͵ tƩĻƭźķĻƓƷ ЊЋЉБ 9͵ YĻƓƓĻķǤ .ƌǝķ͵Ͳ {ǒźƷĻ ЋЌЉͲ ğƒƦğͲ C\[ ЌЌЏЉЋ ʹ ΛБЊЌΜ ЍЌЍΏЍААЉ Cʹ ΛБЊЌΜ ЍЍЎΏЍЋЊЊ THIS INSTRUMENT WAS PREPARED BY AND SHOULD BE RETURNED TO: Anthony A. Garganese City Attorney of Winter Springs Garganese, Weiss, D'Agresta & Salzman, P.A. 111 N. Orange Avenue, Suite 2000 Orlando, FL 32802 (407) 425-9566 FOR RECORDING DEPARTMENT USE ONLY DEVELOPMENT AGREEMENT JDBS Winter Springs, LLC (Wendy’s) THIS DEVELOPMENT AGREEMENT ("Agreement") is made and executed this ______ day of _________________, 2020, by and between the CITY OF WINTER SPRINGS, a Florida Municipal Corporation (“City"), whose address is 1126 East S.R. 434, Winter Springs, Florida 32708, and JDBS WINTER SPRINGS, LLC, a Florida Limited Liability Company, whose address is 10931 N Dale Mabry Hwy, Tampa, Florida 32618-4112. WITNESSETH: WHEREAS, Developer is the owner of approximately 0.59 acres, more or less, of real property located in the Winter Springs Town Center, T5 Transect, generally west of the intersection of Eagle Edge Lane and SR 434, Winter Springs, Seminole County, Florida, more particularly described herein (“Property”); and WHEREAS, Developer has applied for Final Engineering/Site Plan Approval, Aesthetic Plan Approval, and certain Waivers from the Town Center Code in order to construct a Wendy’s Restaurant with a drive-through on the Property; and WHEREAS, pursuant to Chapter 20 Zoning, Article II, Division 1, Section 20-29.1 of the Winter Springs City Code (“City Code”), a community workshop for the Project was held on December 17, 2019; and WHEREAS, Section 20-29(c) of the City Code requires that all site plans and waivers shall be binding on the use of the subject property and, further, that as a condition of approval by the City Commission, all development projects requiring a community workshop pursuant to Section 20-29.1 of the City Code shall be required to be memorialized in a binding development agreement; and DEVELOPMENT AGREEMENT City of Winter Springs and JDBS Winter Springs, LLC. Page 1 of 11 WHEREAS, the Developer has proposed to construct certain public and private improvements on property that is not currently owned by the Developer, namely that portion of Sea Hawk Cove known as “Tract D” per the Winter Springs Apartments Replat, Plat Book 82, Pages 63 through 66; and WHEREAS, the Developer shall be required to obtain the consent of the adjacent property owner to construct the certain public and private improvements as described herein and included as conditions of approval for the Project; and WHEREAS, this Development Agreement shall be recorded against the property so that the terms and conditions of approval related to the Project shall run with the land; and NOW THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties mutually agree as follows: 1.0 Recitals. The foregoing recitals are true and correct and are hereby incorporated herein by this reference. 2.0 Authority. This Agreement is entered into pursuant to the Florida Municipal Home Rule Powers Act. 3.0 The Property. The real property subject to this Agreement has a tax parcel identification number of 06-21-31-507-0000-0020 and is legally described in EXHIBIT “A”, attached hereto and fully incorporated herein by this reference (“Property”). 4.0Project Description and Requirements. Developer shall, at its expense, design, permit and construct a 2,163 square-foot fast food restaurant with a drive-through and outdoor patio on the Property, located in the City of Winter Springs Town Center. The restaurant and all public and private project infrastructure shall be constructed in a single phase. (Hereinafter the project description and requirements are referred to as the “Project”). The Developer shall construct the Project in a manner consistent with the approved Final Engineering/Site Plans, Aesthetic Plans, and Waivers that are on file with the City with the following file numbers and consistent with the requirements contained in this Agreement: File No: ZP2019-00000007 - WENDY'S NO. 12660 Specific conditions of approval for the above-referenced Plans and Waivers include the following, which are also addressed in the staff report for the Final Engineering/Site Plans, Aesthetic Plans, and Waivers: A. The Developer (JDBS Winter Springs) shall be required to obtain a private easement to allow JDBS Winter Springs to plant, install, construct, maintain, and repair landscaping, vegetation, and parallel parking spaces within the private right-of-way for that portion of Sea Hawk Cove known as “Tract D” per the Winter Springs Apartments Replat, Plat DEVELOPMENT AGREEMENT City of Winter Springs and JDBS Winter Springs, LLC. Page 2 of 11 Book 82, Pages 63 through 66, in a width sufficient to accommodate the proposed landscaping, vegetation and parallel parking spaces as depicted in the Final Engineering Plans. B. The Developer (JDBS Winter Springs) shall be required to obtain a public easement in favor of the City of Winter Springs, in a form to be approved by the City Attorney, to allow for the construction and maintenance of a sidewalk for public pedestrian access and use within the private right-of-way for that portion of Sea Hawk Cove known as “Tract D” per the Winter Springs Apartments Replat, Plat Book 82, Pages 63 through 66, in a width sufficient to accommodate the proposed sidewalk as depicted in the Final Engineering Plans. C. The Developer (JDBS Winter Springs) shall be required to obtain a public easement in favor of the City of Winter Springs, in a form to be approved by the City Attorney, to allow for public parking use of the parallel parking spaces within the private right-of-way for that portion of Sea Hawk Cove known as “Tract D” per the Winter Springs Apartments Replat, Plat Book 82, Pages 63 through 66. The Developer shall not be permitted to close the parallel parking spaces on Sea Hawk Cove to the public, except for the purpose of making necessary repairs and conducting maintenance and provided five (5) business days’ notice is given to the City. The Developer shall not be permitted to install signage labeling the parallel parking spaces for Wendy’s customer use only, or for the sole use of any future business’s customers. D.The Developer shall obtain the easements described in Conditions of Approval A-C prior to obtaining any building permits. E.The Developer currently owns both the Property and the adjacent parcel, intended to be a future site of a Chase Bank, which will share a common driveway access. The common driveway access will be constructed to straddle the Property’s western property line. Therefore, should the Developer ever in the future sell or convey either the Property or the adjacent parcel, Parcel ID 06-21-31-507-0000-0010, the Developer shall be required to reserve an ingress and egress easement over the common driveway for the benefit of the remaining parcel. Should the parties ever mutually desire to terminate said ingress and egress easement over the common driveway, prior to executing such termination, the Parties shall seek and receive consent from the City of Winter Springs and obtain an amendment to the site plan. F. The Developer shall add a decorative railing for safety purposes along the sidewalk located between the parking lot and the drive-through window. G.The trees proposed to be planted in the public right-of-way by the Developer shall be subject to the obligation of ongoing maintenance and replacement for the first two years following planting, at the Developer’s expense. If the City determines, after reasonable inspection, that any tree has become severely diseased or damaged to the point that the viability of the tree has been significantly compromised, the Developer shall be required to replace the tree. In the event that Developer fails to perform the necessary maintenance, repairs or replacements of any of the trees, the City shall have the right, but not obligation, to conduct said maintenance, repairs or replacements and recover the actual cost thereof from the Developer. Prior to exercising that right, the City shall provide the Developer written notice and an explanation of the specific default and at least thirty (30) days in which to cure the default. If DEVELOPMENT AGREEMENT City of Winter Springs and JDBS Winter Springs, LLC. Page 3 of 11 Developer fails to cure the default by the end of the cure period, the City may exercise its rights to maintain and replace at any time thereafter. 5.0 Future Permitting. Developer shall be required to receive building permits and substantially commence vertical construction of buildings, which shall at minimum include building foundations, for the Project within two (2) years of the Effective Date of this Agreement. 6.0 Representations of the Parties. The City and Developer hereby each represent and warrant to the other that it 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 the City and Developer, constitute a legal, valid and binding obligation enforceable against the parties hereto. Upon recording of this Agreement in the Public Records of Seminole County, Florida, the Agreement shall be a binding obligation upon the Property in accordance with the terms and conditions of this Agreement. Developer represents that it has voluntarily and willfully executed this Agreement for purposes of binding himself and the Property to the terms and conditions set forth in this Agreement. 7.0 Successors and Assigns. This Agreement shall automatically be binding upon and shall inure to the benefit of the City and Developer and their respective successors and assigns. The terms and conditions of this Agreement similarly shall be binding upon the Property, and shall run with title to the same upon being duly recorded against the Property by the City. 8.0 Applicable Law; Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. The venue of any litigation arising out of this Agreement shall be in Seminole County, Florida or, for federal court actions, in Orlando, Florida. 9.0 Amendments. This Agreement shall not be modified or amended except by written agreement duly executed by both parties hereto (or their successors or assigns) and approved by the City Commission. 10.0 Entire Agreement; Exhibits. This Agreement and all attached exhibits hereto supersede any other agreement, oral or written, regarding the Property and contain the entire agreement between the City and Developer as to the subject matter hereof. The Exhibits attached hereto and referenced herein are hereby fully incorporated herein by this reference. 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 Commission and execution of this Agreement by both parties hereto. DEVELOPMENT AGREEMENT City of Winter Springs and JDBS Winter Springs, LLC. Page 4 of 11 13.0 Recordation. Upon full execution by the Parties, this Agreement shall be recorded in the Public Records of Seminole County, Florida by the City. The Developer shall be responsible for all recording fees associated with this Agreement. 14.0 Relationship of the Parties. The relationship of the parties to this Agreement is contractual and Developer 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. The City intends to avail itself of sovereign immunity and other applicable limitations on City liability whenever deemed applicable by the City. Therefore, 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 two hundred thousand dollars ($200,000.00), 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 three hundred thousand dollars ($300,000.00). 16.0 City's Police Power. Developer agrees and acknowledges that the City hereby reserves all police powers granted to the City by law. In no way shall this Agreement be construed as the City bargaining away or surrendering its police powers. 17.0 Interpretation. The parties hereby agree and acknowledge that they have both participated equally in the drafting of this Agreement and no party shall be favored or disfavored regarding the interpretation to this Agreement in the event of a dispute between the parties. 18.0 Third-Party Rights. This Agreement is not a third-party beneficiary contract and shall not in any way whatsoever create any rights on behalf of any third party. 19.0 Specific Performance. Strict compliance shall be required with each and every provision of this Agreement. The parties agree that failure to perform the obligations provided by this Agreement shall result in irreparable damage and that specific performance of these obligations may be obtained by a suit in equity. 20.0 Attorney's Fees. In connection with any arbitration or litigation arising out of this Agreement, each party shall be responsible for their own attorney’s fees and costs. 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 in accordance with the criteria of the City Code and the requirements of this Agreement. The failure of this Agreement to address any particular City, County, State and/or DEVELOPMENT AGREEMENT City of Winter Springs and JDBS Winter Springs, LLC. Page 5 of 11 Federal permit, condition, term or restriction shall not relieve Developer 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 for any building, trailer, structure or unit if Developer is in breach of any term and condition of this Agreement. 22.0 Default.Failure by either party to perform each and every one of its obligations hereunder shall constitute a default, entitling the non-defaulting party to pursue whatever remedies are available to it under Florida law or equity including, without limitation, termination of this Agreement, an action for specific performance, and/or injunctive relief. Prior to any party filing any action as a result of a default under this Agreement, the non-defaulting party shall first provide the defaulting party with written notice of said default. Upon receipt of said notice, the defaulting party shall be provided a thirty (30) day opportunity in which to cure the default to the reasonable satisfaction of the non-defaulting party prior to filing said action. 23.0Termination. The City shall have the unconditional right, but not obligation, to terminate this Agreement, without notice or penalty, if Developer fails to receive building permits and substantially commence vertical construction of buildings, which shall at minimum include building foundations, for the Project within two (2) years of the effective date of this Agreement. The Developer may apply to the City Commission for an extension of this Agreement, which may be granted upon good cause shown. In addition, the City shall have the right, but not obligation, to terminate the Agreement if Developer permanently abandons construction of the Project, provided, however, the City shall first deliver written notice and an opportunity to cure to the defaulting party as set forth in Section 22 above. If the City terminates this Agreement, the City shall record a notice of termination against the Property in the public records of Seminole County, Florida. 24.0 Indemnification and Hold Harmless. Developer shall be solely responsible for designing, permitting, constructing, operating and maintaining this Project. As such, Developer hereby agrees to indemnify, release, and hold harmless the City and its commissioners, employees and attorneys from and against all claims, losses, damages, personal injuries (including, but not limited to, death), or liability (including reasonable attorney’s fees and costs through all appellate proceedings), directly or indirectly arising from, out of, or caused by Developer and Developer’s contractor’s and subcontractor’s performance of design, permit and construction, and maintenance activities in furtherance of constructing the Project and maintaining the improvements of this Project. This indemnification shall survive the termination of this Agreement. 25.0 Force Majeure. The parties agree that in the event that the failure by either party to accomplish any action required hereunder within a specified time period (“Time Period”) constitutes a default under the terms of this Agreement and, if any such failure is due to any unforeseeable or unpredictable event or condition beyond the control of such party, including, but not limited to, acts of God, acts of government authority (other than the City’s own acts), acts of public enemy or war, riots, civil disturbances, power failure, shortages of labor or materials, injunction or other court proceedings beyond the control of such party, or severe adverse weather DEVELOPMENT AGREEMENT City of Winter Springs and JDBS Winter Springs, LLC. Page 6 of 11 conditions (“Uncontrollable Event”), then, notwithstanding any provision of this Agreement to the contrary, that failure shall not constitute a default under this Agreement and any Time Period proscribed hereunder shall be extended by the amount of time that such party was unable to perform solely due to the Uncontrollable Event. The extended time period shall be agreed to in writing by the parties and said agreement shall not be unreasonably withheld by either party. 26. Notice. Whenever either party desires to give notice to the other, notice shall be sent by hand delivery or certified mail, return receipt requested, and shall be sent to: For the City: Shawn Boyle, City Manager City of Winter Springs 1126 East S.R. 434 Winter Springs, Florida 32708 With additional notice to: Anthony A. Garganese, City Attorney Garganese, Weiss, D’Agresta & Salzman, P.A. 111 N. Orange Avenue, Suite 2000 Orlando, FL 32802 For Developer: JDBS WINTER SPRINGS, LLC 10931 N. Dale Mabry Hwy., Tampa, FL 33618 Attn: Bryan Schultz Phone: 813 760-2621 b.schultz@oceanbleugroup.com copy to: Graham Legal Group, PLLC 1000 Legion Place, Suite 1200 3208C E. Colonial Drive, Box 292 Orlando, Florida 32803 Attn: Jesse E. Graham, Jr. Phone: 407-230-6449 Email: jgraham@grahamlegalgrp.com WEN-ACQUISITIONS, LLC 1100 Park Central Blvd. South, Suite 3300 DEVELOPMENT AGREEMENT City of Winter Springs and JDBS Winter Springs, LLC. Page 7 of 11 Pompano Beach, FL 33064 Attn: Sauris Lugo / Jhonny Mercado Phone: 561-997-6002 Email: slugo@jaerestgroup.com / jmercado@jaerestgroup.com copy to: Raul Gastesi, Esq. Gastesi & Associates, P.A. th 8105 NW 155 Street Miami Lakes, FI. 33016 Phone: 305-801-1292 Email: rgastesi@gastesi.com Either party may freely modify their respective contact person and address contained in this Paragraph by providing written notice of the modification to the other party. Any Notice given as provided herein shall be deemed received as follows: if delivered by personal service, on the date so delivered; and if mailed, on the third business day after mailing. 27.0 Assignment. Prior to completing the construction of the Project and reaching final build-out of the Project, Developer shall not assign this Agreement without the prior written consent of the City. Such assignment shall also require the written approval of the City by amendment to this Agreement, which shall not require a public hearing and shall not be unreasonably withheld. However, Developer shall be entitled to assign its rights and obligations under this Agreement to a parent, subsidiary, or affiliated entity in which Developer or its members are members or interest holders without City consent, provided that the City is given notice of such assignment in accordance with Section 26.0 herein. Any assignment authorized by this subparagraph shall require the assignee to be a formal signatory to this Agreement and fully assume all of Developer’s obligations, commitments, representations, and warranties under this Agreement. In any assignment, the rights and obligations contained herein shall be binding on successors in interest to the Property, and the terms and conditions of this Agreement shall bind and inure to the benefit of the parties hereto and any respective successors and assigns. IN WITNESS WHEREOF, the parties have hereunto set their hands and seal on the date first above written. CITY OF WINTER SPRINGS By: Charles Lacey, Mayor ATTEST: By: Christian Gowan, Interim City Clerk DEVELOPMENT AGREEMENT City of Winter Springs and JDBS Winter Springs, LLC. Page 8 of 11 APPROVED AS TO FORM AND LEGALITY For the use and reliance of the City of Winter Springs, Florida only. CITY SEAL Date: By: Anthony A. Garganese, City Attorney for the City of Winter Springs, Florida DEVELOPMENT AGREEMENT City of Winter Springs and JDBS Winter Springs, LLC. Page 9 of 11 Signed, sealed and delivered in the JDBS WINTER SPRINGS, LLC presence of the following witnesses: Print name and title: ________________________ Signature of Witness Date: _______________ Printed Name of Witness Signature of Witness Printed Name of Witness STATE OF COUNTY OF The foregoing instrument was acknowledged before me by means of physical presence or online notarization, this ______ day of ___________, 2020, by____________________, the __________________of____________________________,a limited liability company, on behalf of the company, who is personally known to me or produced ___________________ _______________ as identification. (NOTARY SEAL) (Notary Public Signature) (Print Name) Notary Public, State of Commission No.: My Commission Expires: 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. DEVELOPMENT AGREEMENT City of Winter Springs and JDBS Winter Springs, LLC. Page 10 of 11 EXHIBIT A PROPERTY LEGAL DESCRIPTION Wendy’s 12660, 1218 East State Road 434, Winter Springs, FL LOT 2, WSTC OCEAN BLEU, ACCORDING TO PLAT THEREOF, RECORDED IN PLAT BOOK 84, PAGES 37 AND 38, PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA. CONTAINS 25,677 SQUARE FEET OR 0.590 ACRES MORE OR LESS. DEVELOPMENT AGREEMENT City of Winter Springs and JDBS Winter Springs, LLC. Page 11 of 11