HomeMy WebLinkAboutTab 13 Tuskawilla Office Park, L.L.C..pdfPrepared by and Return to:
Anthony A. Garganese, City Attorney
Brown, Ward, Salzman & Weiss, P.A.
225 E. Robinson Street, Suite 650
P.O. Box 2873
Orlando, Fl- 32802-2873
PARCEL I.D. NO. 01-21-30-501-0000-0550
rw "A" NDR9E, CLEF OF CIRCUIT COURT
SEIRINOLE COUNTY
BK 04347 PO 1670
CLERK'S 0 2002844030
RMRM 03/11/M 09113113 AN
RECORDIN9 FEES 51.00
RECORDED BY L "inl#y
BINDING DEVELOPMENT AGREEMENT
THIS BINDING DEVELOPMENT AGREEMENT, made and executed this aQ day
of 002, 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
TUSKAWILLA OFFICE PARK, L.L.C., a Florida corporation ("TOP"), whose address is 800
Westwood Square, Suite E, Oviedo, FL 32765.
WITNESSETH:
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 TUSKAWILLA OFFICE 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 CERTIFIED COPY
MARYANNE MORSE
CLERK OF CIRCUIT COURT
SEM�NOI-E COQNT . JL0F1Dd
i
MAR 1 1 M
FILE NUM 2002844030
OR BOOK 04347 PAGE 1671
WHEREAS, in addition to TOP's compliance with all City Codes, permitting and
construction not in conflict 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. Sub'ect Property.. 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
E
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-
FILE NUM 2002A44030
OR BOOK 04347 RAGE 1672
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 (1) 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 (I Y) 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
a
being issued for the office structures except a building permit may be issued for, and
an oiicd structure constructed on, Lot 4 simultaneously with the construction of the
I/
wall.
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FILE NUM 2002844030
OR BOOK 04347 PAGE 1673
(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. All 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
property, 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
34" 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
I/
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.
Ma
FILE NUM 2002844030
OR BOOK 04347 PAGE 1674
(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 Re uirement.
(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 from their Tree Replacement Assessment, Tree Replacement
credits based on the number of replacement credits as provided in the Preferred Plant List,
provided that:
(i) All 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.
(B) For purposes of this Section 5, the following words shall have the meaning
ascribed below unless the context clearly indicates otherwise
-5-
FILE NUM 22002844030
OR BOOK 04347 PAGE 1675
(i) "City Arbor Ordinance." City Arbor Ordinance shall mean Chapter 5 of the
City Code of Ordinances otherwise known as the city Arbor Ordinance.
"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 "C," which is hereby fully incorporated herein by this
reference. TOP shall promptly replace dead trees and shrubs to a condition
equal to or better than required by the Landscape Plan.
(j) Setbacks. Building front set back shall be 0-10 feet, side set back shall be 0-10 feet
and rear set back shall be 0-10 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.
M
FILE NUM 2002A44030
OR BOOK 04347 PAGE 1676
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 of the Parties. The relationship of the parties to this Agreement
is contractual 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. Sovereigil Irnmunitv_. 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-
FILE NUM 2002844030
OR BOOK 04347 PAGE 1677
Section 16, City's Police Power. TOP 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.
Section 17. Inter retation. The parties hereby agree and acknowledge that they have both
participated equally in the drafting of this Agreement and no party shall be favored or disfavored
regarding the interpretation to this Agreement in the event of a dispute between the parties.
Section 18. Permits. The failurebfthis 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 obtained by suit in equity.
Section 21. Attorne '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 Rezoninps/Development Permits Nothing herein shall limit the City's
authority to grant or deny any firture rezoning or development permit applications or requests
-8-
FILE NUM 2002844030
OR BOOK 04347 PAGE 1679
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 hereof by reference.
Legal description:
THAT PORTION OF LOTS 53, 54, 55, 58, 59, 62, 63 AND THOSE UNIMPROVED RIGHT-OF-WAYS LYING BETWEEN
LOTS 55 AND 58, LOTS 59 AND 62 AND THE NORTH'/Z OF THAT 30' VACATED RIGHT OF WAY LYING
SOUTHERLY OF LOTS 55, 58, 59, 62 AND 63, D.R. MITCHELL'S SURVEY OF THE LEVY GRANT, ACCORDING
TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 5 OF THE PUBLIC RECORDS OF SEMINOLE COUNTY,
FLORIDA; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE 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 THE POINT OF BEGINNING; THENCE
DEPARTING SAID SOUTH LINE RUN SOUTH 02057'20"WEST, A DISTANCE OF 15.00 FEET TO THE
CENTERLINE OF A 30' UNIMPROVED RIGHT OF WAY VACATED IN OFFICIAL RECORDS BOOK
4112, PAGE 0597 OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA; THENCE RUN
SOUTH 87002'40" EAST ALONG SAID CENTERLINE A DISTANCE OF 1129.20 FEET TO THE
WESTERLY RIGHT-OF-WAY OF TUSKAWILLA ROAD AS DESCRIBED IN OFFICIAL RECORDS BOOK 3603, PAGE
1095 OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA; SAID POINT LYING ON A CURVE CONCAVE
NORTHWESTERLY HAVING THE FOLLOWING 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
FROM A TANGENT BEARING OFNORTH 140 04'24"EAST, RUN NORTHEASTERLY ALONG SAID RIGHT OF WAYAND
THE ARC OF SAID CURVE A DISTANCE OF 367.64 FEET TO THE POINT OF REVERSE CURVATURE OF A CURVE
CONCAVE SOUTHEASTERLY HAVING THE FOLLOWING ELEMENTS: A RADIUS OF 5781.5 8 FEET, A CENTRALANGLE
OF 01 ° 12' 46 ", A CHORD LENGTH OF 122. 3 8 FEET AND A CHORD BEARING OF NORTH 1005 8' 1 1 " EAST; THENCE
RUN NORTHEASTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 122.3 8 FEET; THENCE DEPARTING SAID
CURVE AND RIGHT OF WAY LINE RUN SOUTH 20020'33" WEST, A DISTANCE OF 64.52 FEET; THENCE RUN SOUTH
4503 8' 29" WEST, A DISTANCE OF 5 9.63 FEET; THENCE RUN SOUTH 7103 0' 3 8" WEST, A DISTANCE OF 48.60 FEET;
THENCE 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' 12" WEST, A DISTANCE OF 18.82 FEET; THENCE RUN
SOUTH 51 ° 18'33" WEST, A DISTANCE OF 345.75 FEET; THENCE RUN SOUTH 86031'22" WEST, A DISTANCE OF
82.36 FEET; THENCE RUN NORTH 6203 T 17" WEST, A DISTANCE OF 63.47 FEET; THENCE RUN SOUTH 76027'47"
WEST, A DISTANCE OF 62.38 FEET; THENCE RUNNORTH 84034' 12"WEST, A DISTANCE OF 83.22 FEET; THENCE
RUN SOUTH 76044'49" WEST A DISTANCE OF 45.06 FEET; THENCE RUN NORTH 81 ° 18'28" WEST, A DISTANCE
OF 49.25 FEET; THENCE RUN SOUTH 85001'56"WEST, A DISTANCE OFF 48.02 FEET, THENCE RUN SOUTH
52042'01"WEST, ADISTANCE OF 67.33 FEET, THENCE RUN SOUTH 800I T 21"WEST, A DISTANCE OF 52.69 FEET;
THENCE RUN SOUTH 03027'55" WEST, A DISTANCE OF 23.12 FEET; THENCE RUN SOUTH 69034'23" WEST, A
DISTANCE OF 95.27 FEET; THENCE RUN NORTH 82016'34" WEST, A DISTANCE OF 77.56 FEET; THENCE RUN
SOUTH 84055'50" WEST, A DISTANCE OF 75.60 FEET TO THE POINT OF BEGINNING.
CONTAINING: 199,036 SQUARE FEET (4.569 ACRES) +/-
K:/rSW/Jl/LEGAL DESCRIPTION.DOC
REV 8/6/01 JEM
FILE NUM 2002844030
OR BOOK 04347 PAGE 1680
EXHIBIT "B"
JUN-20-2201 -7:27
CHC DEUELOPhEhR
407 841 1523 P.09,108
CREDIT
AVERAGE
CREDIT
NET
TREE ort LA (W SHRUR NAME
SIZE
RATIO
COST
VALUE
GAIN
Youpori Holly Nluld4runk
25-30 gal -A,
2-1�
$ 00.00
20.00
i
S
200.00
200.00
S
S
110.00
110.00
Slrrlpa❑nst❑pper
pygmy Rat. Palm, dbt.
25.30gal.,6'
30 gal., 4'
2-1
3.1
S
S 125.00
i
300.00
S
175.00
Buda-PInCo Palm
30 pal„ 6
3.1
3.t
i too.00
t 150,00
S
S
300,00
300.0D
$
$
175,00
175.00
European Fan Palm
30 gal., 4'
30 5'
3-1
S 100.0o
S
300.00
S
175.00
Chirism Fan Palm
Canary Isisrd Dale Palm
gal.,
30 Qal.. A'
Date Palm, P_ datWITere
30 gal., 4'
314
S 100,00
S 150.00
a
$
300.00
300.00
$
S
175.00
130.00
Windrngl Palm
30 Col., 6'
30 gal.. 3'
3-1
3-1
$ 150.00
S
300.00
S
150.00
saoa
uW6 Gem Magnolia
25-30 ga1.,6'
3-1
i 100.00
S
300.00
S
200.00
Red Bud
2S-30ga1.,6'
3-1
S 123.00
6
300.00
S
175,00
Cardinal Holly
25-30 gal.N
3-1
S 125.00
$
300.00
S
175.00
Feetive Holly
25-30 gal..V
3.1
S 123.00
S
300.00
S
175,00
Robin Holly
2S-30 gal.,5'
3.1
$ 126.00
S
309.00
S
176.00
OeRleaf Hour
25-30 gaL,6'
3-1
S 125.00
$
300.00
$
115,00
Spartan Juniper
25-30 gal.,5'
3-1
5 115.00
S
300,00
$
155.00
Torviose Juniper
25-M gel.,e'
2.1
$ 00,00
S
200.00
$
110.00
Flowering Dopwaod
26.30 gal„ 6'
3.1
S-125,00
4
300.00
$
175.00
Cameilla
25-30 061.,E
3-1
S 145.90
$
300.00
S
155,00
Japanese Blusberry
25-30 gal„ 6'
3.1
5 120.00
i
300.00
S
180.00
LoblaDySay
25-30galj'
2-1
$ 20,00
S
200.00
S
110.00
Llprighl Yaupon HOMY
15 gal- 6'
2.1
S 90.00
S
200.00
S
110.00
Weeping Yeupon HG1ly
25.30 Qal..S'
3-1
S 100.00
S
300.00
S
200.00
200.00
Larapatelum Standard
150e1., 6'
3-1
5 100.00
S
300,00
3
Chickasaw Plum
25 Qol., e'
2-1
5 85.00
S
200.00
S
105.00
Red Rnrknya
15 gal., 5'
2.1
S 50.00
$
2DO.00
$
150,00
Myrtle Oak
15 pal., 5'
3-1
S 56.00
9
200.00
;
15n rill
Cretaegua
11091..6'
2-1
S $0.00
S
200.00
S
150.00
Fdnpe Tree
15 gal. 6'
2-1
$ 60,00
$
2W.00
6
150,00
Teb"8
30 9a1., 6'
2-1
$ 75.00
S
200.00
S
126.00
6aunlnle pelpinla
IOgai„ 5'
2-1
S 50.00
$
200.00
S
160.00
SweelyTea Oliva
1$ gal.. 6'
2.1
3 $0.00
$
200.00
S
150,00
Upuarrum atwAard
43 gal jl-10'
5.1
$ 300.00
3
W0,00
S
200.00
Crape Myrtle Standard
45 gal„5-10'
S•1
S 350.00
S
500.00
S
150.00
Yaupon Holly Standard
26-M gal.&
31
S 100.90
S
300.00
$
200.00
Wafler'a Vibumum 94ardard
25-M Qal„ 5'
31
S 100.00
S
300.00
S
200.00
Needle palm
25-30 ga1.,T
4.1
S 200,01)
S
400.00
S
200.00
PYM paw pofm. triple
30 gal., 4'
3-1
S 150.90
S
300.00
S
160.00
Dudmpindo Patin
65 gal., it
4-1
S 200.00
6
400.00
S
200.00
European Fen PQIm
65 gel., S
5-1
S 25o_DO
$
50.00
S
250.00
Chinese Fell Palm
65 geL, V
5-1
S 250.00
6
500.00
S
280,00
Canary Island Date Palm
65 gal., V
54
S 250.00
$
500,00
6
260,00
Data Palm, P. ddW fsrs
55 gal., 5'
5-1
S 250.00
s
5o0.00
5
250.00
Wintlmill Palm
65 gel.. 5'
6.1
S 300.00
$
500.00
$
200.00
Saga
65 gal., 4'
5-1
i 250.00
S
500.00
S
260.00
utt s Gem Magnolia
65 gal„ 5'
5.1
a 230.00
S
600.00
S
250.00
$partyn Juniper
65 gal„ 6'
S-1
S 250-00
S
500.00
3
'
250.00
Tonaoaa Juniper
65 gel., 6'
5-1
S 230.00
i
500.00
b
250.00
Cahloon Holly
65 gal.,10'xVx2'
5-1
S 225,00
S
500.00
$
275.00
Uwe Oak
65 gal.,14'x6'xV
5.1
S 300.00
$
500AD
S
200.00
Winged Elm
55 Cal.,12'x5941/2
441
S 226.00
S
400.00
$
175.00
Red Maple
65 ga1.,12'x5'x212
4-1
3 225.00
s
400,00
ri
175.00
TOT L F.09
42' 327 4753 P.08
TOTFL P.09
-11-
11111111I11 111111114Flow11NININNSIl011111IMF
Prepared by and Return to:
Anthony A. Garganese, City Attomey
Brown, Garganese, Weiss & D'Agresta P.A.
%1 225 E. Robinson Street, Suite 660
v P.O. Box 2873
Orlando, FL 32802-2873
MARYANNE MORSE, CLERK OF CIRCUIT COURT
SEMINOLE COUNTY
8K 06253 PAs 0513 — 5181 (6p9s)
CLERK'S # 2006081851
RtiWROED 05/19/2006 08103159 AM
R LORDINf3 FEES 52.50
RECORDED BY L McKinley
FIRST MODIFICATION TO
BINDING DEVELOPMENT AGREEMENT
THIS FIRST MODIFICATION TO BINDING DEVELOPMENT AGREEMENT
("First Modification"), made and executed this 9th day of May, 2006, by and between
the CITY OF WINTER SPRINGS, a Florida municipal corporation ("City"), whose
address is 1126 East State Road 434, Winter Springs, Florida 32708, and
TUSKAWILLA OFFICE PARK, L.L.C., a Florida corporation ("TOP"), whose address
is 800 Westwood Square, Suite E, Oviedo, Florida, 32765.
RECITALS:
WHEREAS, the parties previously entered into a Binding Development
Agreement which is recorded in the Public Records of Seminole County at Official
Record Book 04347, Page 1670 ("Binding Development Agreement"); and
WHEREAS, the Binding Development Agreement binds that certain real property
located within the City of Winter Springs as more particularly and legally described in
Exhibit "A," which is attached hereto and fully incorporated herein by this reference
("Property"); and
WHEREAS, TOP desires to construct and maintain an entrance feature and
signage on the Property, which will be generally located along Tuskawilla Road as
described in Paragraph 2.0 below ("Entrance Feature"); and
WHEREAS, the City Commission on October 14, 2002 conceptually approved
the Entrance Feature referenced herein; and
WHEREAS, TOP and the City Commission desire to memorialize in writing the
final approval of the Entrance Feature under the terms and conditions set forth herein
by modifying the Binding Development Agreement; and
WHEREAS, the parties acknowledge and agree that all other terms and
conditions of the Binding Development Agreement not expressly modified by this First
Modification shall remain in full force and effect.
NOW, THEREFORE, in consideration of the mutual promises, covenants and
agreements set forth and other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, the parties agree to modify the Binding
Development Agreement as follows:
1.0 Recitals. The foregoing recitals are hereby incorporated herein by this
reference and deemed a material part of this First Modification.
2.0 Entrance Feature. The parties agree that TOP shall be allowed to
construct a new decorative business Entrance Feature on the Property generally
located along Tuskawilla Road under the following terms and conditions:
2.1 The Entrance Feature shall be constructed and perpetually
maintained in complete conformity with the plans and specifications
of the Entrance Feature described and depicted on the attached
Exhibit "B," as approved by the City Commission on April 28,
2003, which are hereby fully incorporated herein by this reference.
2.2 It is the intent and purpose of this First Modification to limit the
Entrance Feature for the Property to the Entrance Feature
mentioned in Paragraph 2.1 above.
2.3 TOP shall apply for and obtain all governmental permits which are
necessary to construct the Entrance Feature referenced in
0
Paragraph 2.1 above in compliance with all applicable local, state,
and federal law.
2.4 TOP shall maintain the Entrance Feature referenced in Paragraph
2.1 in good and reasonable condition at all times.
2.5 Unless the City Commission by majority vote agrees to modify the
Binding Development Agreement, as amended by the First
Modification, TOP shall not change the exterior of the Entrance
Feature in any material manner that would cause the Entrance
Feature to appear differently than the Entrance Feature depicted in
Exhibit "B."
3.0 Miscellaneous. All terms and conditions of the Binding Development
Agreement which are not expressly and specifically modified by this First
Modification shall continue to remain in full force and effect.
(SIGNATURE PAGE FOLLOWS)
3
IN WITNESS WHEREOF, the parties have executed this First Modification as of
the date first written above. •••.\, .
Y
ATTEST:
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AN A LORENZO-LUACES
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COUNTY OF 0.Ak L rD M
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CITY OF Wiwrli �+��RII GS���'�� '
a Florida m Apalrati6e .
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TUSKAWILLA OFFICE PARK, L.L.C.
a Florida limited liability company
By: WINDSWEPT J.D.I. INC.,
A Florida corporation,
Its Manager
By:
WILLI ARR , 'dent
Date:
The foregoing instrument was acknowledged before m
2006, by WILLIAM BARRETT, President 5
.L.C., a Florida corporation, [L Kho is persona kn n to
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EXHIBIT 6%99
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.
Legal description:
THAT PORTION OF LOTS 53, 54, 55, 58, 59, 62, 63 AND THOSE UNIMPROVED RIGHT-OF-WAYS LYING BETWEEN
LOTs 55 AND 5 8, LOTs 5 9 AND 62 AND THE NORTH %3 OF THAT 30' VACATED RIGHT OF WAY LYING
SOUTHERLY OF LOTS 55, 58, 5 9,62 AND 63, D.R. MITCHELL'S SURVEY OF THE LEVY GRANT, ACCORDING
TO THE PLAT TFIERE OFAS RECORDED INPLAT BOOK 1, PAGE 5 OF THE.. PUBLIC RECORDS OF SEMINOLE COUNTY,
FLORIDA; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE 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 THE POINT OF BEGINNING; THENCE
DEPARTINGSAID SOUTH LINE RUN SOUTH02.5T20" WEST, ADISTANCE OF 15.00 FEETTOTHE
CENTERLINE OF A 30' UNIMPROVED RIGHT OF WAY VACATED IN OFFICIAL RECORDS BOOK
4112, PAGE 0597 OF THE PUBLIC RECORDS OF SEMiNOLE COUNTY, FLORIDA; THENCE RUN
SOUTH 87002'40" EAST ALONG SAID CENTERLINE A DISTANCE OF 1129.20 FEET TO THE
WESTERLY RIGHT-OF-WAY OF TUSKAWILLA ROAD AS DESCRIBED IN OFFICIAL RECORDS BOOK 3603, PAGE
1095 OF THE PUBLIC RECORDS OF SEMTNOLE COUNTY, FLORIDA; SAM POINT LYING ON A CURVE CONCAVE
NORTHWESTERLY HAVING THE FOLLOWING 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 HEARING OF NORTH 14° 04' 24" EAST, RUNNORTHEAsTERLY ALONG SAIDRIGIIT OF WAY AND
THE ARC OF SAID CURVE A DISTANCE OF 367.64 FEET TO THE POINT OF REVERSE CURVATURE OF A CURVE,
CONCAVE SOUTHEASTERLYHAVING'THE FOLLOWINGELEMENTS: ARADrUS OF 5781.58 FEET,ACENTRALANGLE
OF 01 ° 12'46", A CHORD LENGTH OF 122.38 FEET AND A CHORD BEARING OFNORTH 10058' 11"EAST; THENCE
RUN NORTHEASTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 122.38 FEET; THENCE DEPARTING SAID
CURVE AND RIGHT OF WAY LINE RUN SOUTH 20°20' 33" WEST, A DISTANCE OF 64.52 FEET; THENCE RUN SOUTH
4503 8'29" WEST, A DISTANCE OF 59.63 FEET; THENCE RUNSOUTH 7111301 8"WEST, A DISTANCE OF 48.60 FEET;
THENCE RUN NORTH 75028'56" WEST, ADISTANCE OF 27.98 FEET; THENCE RUN NORTH 54°16'32" WEST, A
DISTANCE OF 44.31 FEET; THENCE RUIN SOUTH 44" 1 Y 12" WEST, A DISTANCE OF 18.82 FEET; THENCE RUN
SOUTH 51"18'33" WEST, A DISTANCE OF 345.75 FEET; THENCE RUN SOUTH 86031'22" WEST, A DISTANCE OF
82.3 6 FEET; THENCE RUN NORTI3 6203 VI 7" WEST, A DIS TANCE OF 63.47 FEET; THENCERUN SOUTH 76027'47"
WEST, A DISTANCE OF 62.38 FEET; THENCE RUNNORTH 84034' 12"WEST, A DISTANCE OF 83.22 FEET; THENCE
RUN SOUTH 76044'49" WEST A DISTANCE OF 45.06 FEET; THENCE RUN NORTH 81018'28" WEST, A DISTANCE
OF 49.25 FEET; THENCE RUN SOUTH 85001'56"WEST, A DISTANCE OF 48.02 FEET, THENCE RUN SOUTH
52042'01 "WEST, A DISTANCE OI 67.3 3 FEET, THENCE RUN SOUTH 80017'21 "WEST, ADISTANCE OF 52.69 FEET;
THENCE RUN SOUTH 03°2T55" WEST, A DISTANCE OF 23.12 FEET; THENCE RUN SOUTH 69034'23" WEST, A
DISTANCE OF 95.27 FEET; THENCE RUN NORTH 82016'34" WEST, A DISTANCE OF 77.56 FEET; THENCE RUN
SOUTH 84055'50" WEST, A DISTANCE OF 75.60 FEET TO THE POINT OF BEGINNING.
CONTAINING: 199,036 SQUARE FEET (4.569 ACRES) +/-
K.IrSW RILEGALDESCRIPTION.DOC
REV 816101 JEM
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