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Home My WebLink About2024 01 08 Consent 300 - Chau Medical Plaza - First Modification to the Development AgreementCONSENT AGENDA ITEM 300 CITY COMMISSION AGENDA | JANUARY 8, 2024 REGULAR MEETING TITLE Chau Medical Plaza - First Modification to the Development Agreement SUMMARY Chau Medical Plaza was approved by the City Commission on November 16, 2020. The property owner has since constructed the first phase but has had some difficulty filling the tenant spaces on-site. The property owner is requesting that the City approve a modification to the Development Agreement to add drug and sundry stores, health spas, hair and beauty salons (including nail salons), and on-premises beer and wine consumption as allowed uses on the site. The Planning & Zoning Board recommended approval of the First Modification to the Development Agreement by a vote of 5-0. Staff is recommending that the Planning & Zoning Board approve the First Modification to the Development Agreement. FUNDING SOURCE RECOMMENDATION Staff recommends that the City Commission approve the First Modification to the Development Agreement 20 FIRST MODIFICATION TO DEVELOPMENT AGREEMENT City of Winter Springs and Chau Family Holdings III, LLC Page 1 of 4 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 FIRST MODIFICATION TO DEVELOPMENT AGREEMENT Winter Springs Medical Office THIS FIRST MODIFICATION TO DEVELOPMENT AGREEMENT (“First Modification”) is made and executed this _______ day of __________________________, 2023, 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 CHAU FAMILY HOLDINGS III, LLC, a Florida Limited Liability Company, whose address is 1287 Semoran Boulevard, Suite 200, Orlando, Florida 32807 (“Developer”). WITNESSETH: WHEREAS, The Developer and the City have entered into and executed that certain Development Agreement for Winter Springs Medical Office, dated November 9, 2020, and recorded in the Official Records of Seminole County at Book 9768, Pages 982-995 (the “Development Agreement”); and WHEREAS, the Development Agreement governs the development of approximately 5.15 acres, more or less, of real property located west of the intersection of Hacienda Drive and S.R. 434, in Winter Springs, Seminole County, Florida, and which has a tax parcel identif ication number of 34-20-30-5AW-0000-048A (“Property”); and WHEREAS, the Developer desires to amend the Development Agreement to add certain additional uses to the list of uses permitted on the Property; and WHEREAS, the Developer and the City desire to memorialize in writing their mutual understanding regarding certain aspects of the development on the Property under the terms and FOR RECORDING DEPARTMENT USE ONLY 21 FIRST MODIFICATION TO DEVELOPMENT AGREEMENT City of Winter Springs and Chau Family Holdings III, LLC Page 2 of 4 conditions set forth in this First Modification to Developer’s Agreement for Winter Springs Medical Office; and WHEREAS, in addition to Owners’ compliance with all provisions of the Development Agreement, City Codes, and permitting and construction not in conflict with or addressed herein, the City and Developer desire to set forth the following additional terms and conditions. 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 amend the Development Agreement as follows: 1.0 Recitals. The foregoing recitals are true and correct and are incorporated herein by this reference. 2.0 Authority. This First Modification is entered into pursuant to the Florida Municipal Home Rule Powers Act. 3.0 Amendment to Development Agreement Permitted Uses. Section 4.2 – Specific Conditions of Approval – Subsection H. is hereby amended to add the following uses to the list of uses which are permitted on the Property. 16. Drug and sundry stores 17. Health spas 18. Hair and beauty salons (including nail salons) 19. Alcoholic beverage on-premises consumption, limited to beer and wine only 4.0 Amendment to Development Agreement Notices. Section 26 – Notice – is amended as follows. For the City: Attn: City Manager City of Winter Springs 1126 East S.R. 434 Winter Springs, Florida 32708 5.0 Other Terms and Conditions. All other provisions of the Development Agreement not otherwise modified by this First Modification shall remain in full force and effect with respect to the Property. 6.0 Effective Date. This First Modification shall become effective upon approval by the City Commission and execution of this First Modification by both parties hereto. 7.0 Recordation. Upon full execution by the parties, this First Modification 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. 22 FIRST MODIFICATION TO DEVELOPMENT AGREEMENT City of Winter Springs and Chau Family Holdings III, LLC Page 3 of 4 IN WITNESS WHEREOF, the parties have executed this Binding Development Agreement as of the date first written above. ATTEST: CITY OF WINTER SPRINGS: _________________________________ ____________________________________ Christian Gowan, City Clerk Kevin McCann, Mayor Date: ___________________________ Date: ______________________________ APPROVED AS TO FORM AND LEGALITY FOR THE CITY OF WINTER SPRINGS ONLY _________________________________ Anthony A. Garganese, City Attorney Date: ___________________________ STATE OF FLORIDA COUNTY OF ______________________ The foregoing instrument was acknowledged before me by means of [___] physical presence or [___] online notarization, this ______ day of _____________________, 2023, by Kevin McCann, the Mayor of the City of Winter Springs, a Florida Municipal Corporation, on behalf of the Corporation, who is personally known to me or who produced __________________________________ as identification. (NOTARY SEAL) ____________________________________ Notary Public Signature Print Name: __________________________ Notary Public State of: _________________ Commission No.: _____________________ My Commission Expires: _______________ 23 FIRST MODIFICATION TO DEVELOPMENT AGREEMENT City of Winter Springs and Chau Family Holdings III, LLC Page 4 of 4 WITNESS: CHAU FAMILY HOLDINGS III, LLC: _________________________________ Print Name: _______________________ ____________________________________ Print Name: __________________________ Title: _______________________________ _________________________________ Print Name: _______________________ STATE OF FLORIDA COUNTY OF ______________________ The foregoing instrument was acknowledged before me by means of [___] physical presence or [___] online notarization, this ______ day of _____________________, 2023, by ___________________________________ the ________________ of Chau Family Holdings III, LLC, a limited liability company, on behalf of the company, who is personally known to me or who produced __________________________________ as identification. (NOTARY SEAL) ____________________________________ Notary Public Signature Print Name: __________________________ Notary Public State of: _________________ Commission No.: _____________________ My Commission Expires: _______________ 24