HomeMy WebLinkAbout2006 03 13 Regular Item 306 Moss Road and SR 434
CITY COMMISSION
ITEM 306
Regular X
March 13. 2006
Meeting
MGR. / DEPT
Authorization
REQUEST: The Community Development Department- Planning Division requests that the
Commission consider the First Modification to the Development Agreement for the 3.16 acre
property on the southeast corner of Moss Rd and S.R. 434 which includes the State Farm
Insurance building, the O'Mei Gongfu Academy and a future (office) building.
PURPOSE: The purpose of this Agenda Item is to request that the City Commission approve
the attached Modification to the Development Agreement for the Moss Road International Office
Complex which is currently under construction and nearing completion.
APPLICABLE LAW:
Chapter 5,9, 16, and 20 of the City Code.
Previously Approved Development Agreement
CHRONOLOGY:
May 09,2005 Final Engineering and Development Agreement Approved
May 23,2005 Aesthetic Review submittal Approved
CONSIDERATIONS:
The site has a Commercial Future Land Use designation, a C-l Neighborhood Commercial
zoning, and is within the SR 434 Corridor Overlay District- Redevelopment Area. The
commercial site is under construction and is nearing completion.
The Applicant is requesting a modification to section 3(i) of the Development Agreement to
resolve a discrepancy between the Aesthetic Review submittal and the Development Agreement.
The requested changes to the Development Agreement are supported by Staff and are believed to
result in a better development than what is currently required under the existing language:
1) The addition of a fixed panel of storefront windows to the front garage area on the SR 434
side of the building (rather than bricking in the area as indicated in the current Development
@)
March 13, 2006
Regular Item 306
Page 2 of2
Agreement). The interior garage area is to remain as unoccupied storage space. (If the applicant
wishes at some time in the future to revise the use of this space, he will be required to comply
with all building code requirements for renovation and will be required to submit for another
aesthetic review of the structure.]
Previous Elevation
Proposed Elevation with Storefront Windows Added
2) The addition of a masonry screening wall adjacent to
the rear of the building which will extend to a height
which is a minimum of 8" over the top of the equipment to
be screened. This will result in a wall that is substantially
shorter than the required 6' masonry wall required under
the current development agreement. Currently, this area is
enclosed with chain link and green plastic slats.
Current Fencing
The lower wall will result in a safer area on the rear of the building than if the wall were 6' in
height and will be a huge aesthetic improvement over what is there currently.
These changes were previously submitted as part of the Aesthetic Review submittal and were
approved by the Commission at that time with the understanding that the Aesthetic Review was
in compliance with the Development Agreement. Unfortunately, the discrepancy was just
recently discovered, indicating that this statement was made in error.
Staff supports the modification to the Development Agreement and believes that it enhances the
building and the SR 434 corridor.
STAFF RECOMMENDATION: Staff recommends that the Commission approve the First
Modification to the Moss Road International Office Complex Development Agreement.
ATTACHMENTS:
A Development Agreement from May 9,2005
B First Modification to the Development Agreement
COMMISSION ACTION:
2
ATTACHMENT A
THIS INSTRUMENT WAS PREPARED BY:
Moss Road LLC
MARYANNE MORSE, CLERK OF CIRCUIT COURT
SEMINOLE COUNTY
BK 05787 PGS 1180-1187
CLERK'S # 2005108018
RECORDED 06/29/2005 09:22:45 AM
RECORDING FEES 69.50
RECORDED BY t heldea
738 Rugby Street
Orlando, Florida 32804
(407) 540-1500
AND RETURN TO:
Anthony A. Garganese, City Attorney
Brown, Garganese, Weiss & D'Agresta. P.A.
PO BOX 2873
Orlando, Florida 32802
DEVELOPER'S AGREEMENT
THIS DEVELOPER'S AGREEMENT (the "Agreement") is made and executed this
7th day of June, 2005, by and between the CITY OF WINTER SPRINGS, a Florida
municipal corporation (the "City"), whose address is 1126 East S.R. 434, Winter Springs, Florida 32708,
and MOSS ROAD, LLC, a Florida limited liability company, whose address is 738 Rugby Street,
Orlando, Florida 32804.
WITNESSETH:
WHEREAS, Moss Road LLC is the fee simple owner of certain real property located within the
City in Seminole County, Florida and more particularly described in Exhibit "A" attached hereto and
incorporated herein by this reference (the "Property"); and
WHEREAS. Moss Road LLC intends to develop the Property as an International Business
Office Park complex; and
WHEREAS, subject to the approval of the City Commission, Moss RoadLLC desires to facilitate
the orderly development of the Project on the Property as depicted in the certain site submittal Plan for
Moss Road LLC - City of Winter Springs, Florida prepared by Madden Engineering, Inc. under Job No.
"24169, dated April 26, 2005; and
WHEREAS, the City Commission has recommended and Moss Road, LLC has voluntarily
agreed to enter into this Agreement for the development of the Project; and
WHEREAS, in addition to Moss Road LLC compliance with the City Land Development Code
(the "Code"), permtting and construction not in conflict herewith, the City and Moss Road LLC desire to
set forth the following special terms and conditions with respect to the development and operation of the
Project (the "Plans").
NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein.
the parties mutually agree as follows:
Developer's Agreement
City of Winter Springs and Moss Road, LLC.
Page 1 of 6
1. Recitals. The foregoing recitals are true and correct and are hereby incorporated herein by
this reference.
2. Authority. This Agreement is entered into pursuant to the Florida Municipal Home Rule
Powers Act.
3. Oblations and Commitments. In consideration of the City and Moss Road LLC entering
into this Agreement, the City and Moss Road LLC hereby agree as follows:
(a) Formation of Professional Office Association. Moss Road LLC hereby acknowledges and
agrees that it intends to form a mandatory professional office association (the "International Business
Office Park Association") for purposes of maintaining any and all common areas, signage, parking lots
and paved access areas, dumpster enclosure, sidewalks, landscaping & irrigation, walls, fences, and
storrnwater drainage facilities associated with Lot 1 & Lot 2. A separate Declaration of Covenants,
Conditions and Restrictions (the "Declaration") will be executed and recorded among the Public Records
of Seminole County, Florida to evidence the formation of the Professional Office Association and
establish its rights, duties and obligations.
(b) Buffer Walls and Fences. As noted on the Plans, Moss Road LLC shall install a six (6)
foot tall decorative masonry wall along the southern boundary line of Lot 1 according to the requirements
of Section 20-485, at the time when the existing storm water retention pond is modified to accommodate
the proposed new buildings on Lots 1 and 2. The Plans do not require the alteration of existing walls. A
new four (4') foot black-coated chain link fence shall replace the existing chain link fence and shall
extend to the masonry wall, fully enclosing the modified retention pond. The existing posts will remain in
their current location and be painted black, so that there is no additional impact to the existing trees;
however, the rails and fence fabric will be replaced with black coated chain link material. A ten-(lO')
foot wide gate opening will be provided. No wall will be required between Lot 1 & Lot 2.
(c) Signage. The City hereby acknowledges and agrees that Moss Road LLC shall have the
right. upon the full execution of this Agreement, to erect one construction sign as described in Section 20-
486( 10) of the Code in a location acceptable to the City which shall be permitted to remain for a period of
twelve (12) months from the date hereof. Moss Road LLC shall have the right to erect permanent project
identification signage at the main entrance to the project and at the entrance on Moss Road. The main
entrance signage shall consist of lettering attached to the existing 4'x 8' monument sign, spelling
"International Business Park" and may include the individual names of any tenants. The secondary
entrance signage shall be sized to match the main entrance signage. Lot 2 may have it's own separate
monument sign located no closer than 200 feet from any other Moss Road LLC sign, not to exceed six (6)
feet in height. New signage shall be constructed no closer than 10 feet from the property line. Copy area
shall not exceed thirty-two square feet per side for each sign. Landscaping shall be incorporated around
the base of each monument sign. The prvject shall have Ii,) more than tr..rce (3) permanent sign:;. The
International Business Office Park Association shall maintain all signs in a good condition and state of
repair.
(d) Reimbursement for Sewer Lines. The sewer line depicted on the Plans will be conveyed
to the City along with an easement that is acceptable to the City Attorney. The parties acknowledge that
the sewer line may benefit adjacent and surrounding property owners in the future in the event said
property owners are required to hook up to said sewer line. In the event adjacent or surrounding property
owners hook up to the sewer line, the City agrees to charge said property owners a fee equal to a pro rata
share of Moss Road LLC's actual cost of constructing the sewer line. The actual construction cost shall
be approved by the City at the time the City performs a final inspection of the sewer line and accepts a
bill of sale for the sewer line. Moss Road LLC shall be required to submit to the City an engineer's
certificate evidencing the actual construction cost. Said cost shall be reasonable and based only on Moss
Road LLC's actual out-of-pocket expenses. Any pro rata payment shall be determined by the City at the
Developer's Agreement
City of Winter Springs and Moss Road, LLC.
Page 2 of 6
time any adjacent or surrounding property owner hooks up to the sewer line and shall be based on the
historical sewer flows on the Property, estimated sewer flows for the any property hooking up to the
sewer line, and the possibility that other property owners may hook up to the sewer line in the future. The
City will require that the pro rata payment be made at such time the property receives a building permit or
such other time that is consistent with the City's utility policies.
(e) Building Setbacks and Building Height. Lot 2 front setback off of SR-434 shall be per the
City Code. Side yard setbacks for Lot I & Lot 2 shall be 10 feet as allowed in the SR 434 Overlay
District. Along the west side of the new office buildings, a minimum landscaped area of five (5) feet
shall be maintained rather than the 10 feet required in Section 20-484(15). The building height for any
two (2) story buildings shall not exceed thirty-five (35) feet in height as permitted in the SR 434 Overlay
district.
(f) Sidewalks. The City hereby agrees that all internal sidewalks within the Project shall be
five (5) feet in width in accordance with Section 20-484(12) of the Code. In addition, the Declaration
shall establish easement rights in favor of the International Business Otfice Park. Association to permit
sidewalks to extend into individual buildings as depicted in the site plans.
(g) Platting. Moss Road LLC shall be required to plat the Property in accordance with
Section 9-75 of the Code. The plat shall be recorded prior to the issuance of a building permit for
construction of either of the new buildings on Lot I or Lot 2, as required in Section 9-178 of the Code.
(h) Stormwater Pond Maintenance. The City hereby agrees that the Professional Office
Association shall be required to maintain the stormwater pond per the requirements of the SJR WMD and
the City.
(i) Moss Road LLC shall brick-in the front garage area and shall also screen the mechanical
area on the rear of the building, from SR 434, with a 6' masonry wall, when site development or building
construction begins. Moss Road LLC shall modify Lot 1 parking lot, including the additional
landscaping as shown on the site plan at such time as construction begins on either Lot 1 or Lot 2.
(j) Lot 1 and Lot 2 shall have blanket cross parking and cross access/egress easements over
each other's lots for the parking areas and storm water areas. Modification of the Lot 1 stormwater pond
shall take place concurrent with building construction on either Lot 1 or Lot 2.
(k) The stormwater ten (10) foot wide stabilized maintenance berm required in Section 9-
241 (d)(3) is not required given that the retention area is adjacent to a parking lot.
(k) One shared bicycle parking rack will be requ;red for Lots I and Lot 2.
0) Moss Road LLC will comply with the landscape screening requirement for the existing
parking lot area as well as the new parking [see Section 20-484 (11) which states that "all
parking areas and vehicular use areas to be screened from public ROW"]. The two (2) trees
that exist between the parking lot and the new buildings on Lot 1 and Lot 2 may be affected
by the proposed construction. Should these two (2) trees not survive during construction
Moss Road LLC agrees to recalculate the tree removal permit. The sidewalk will jog around
these trees, reducing the landscape area next to the building to less than five (5') feet. Rather
than the required ten (10') foot landscape area on the west side of the new buildings, only a
seven (7') foot landscape area will be required.
Developer's Agreement
City of Winter Springs and Moss Road, LLC.
Page 3 of 6
(m) The code provisions for a landscape island for every ten (10) continuous parking spaces shall
be complied with except in one instance (on the rear side of the existing building) which has
twelve (12) continuous spaces.
(n) A twenty-four (24) foot wide cross access easement along with a utility easement to the east
adjacent undeveloped lot shall be provided on the plat.
(0) Both the existing and the addition to the existing irrigation system will utilize reclaimed
water.
4. Representations of the Parties. The City and Moss Road LLC 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
Moss Road LLC and recorded in the Puhlic Records of Seminole County, Fl(lrida, constitute a legal, valid and
binding obligation enforceable against the parties hereto and the Property in accordance with the terms and
conditions of this Agreement. Moss Road LLC represents that it has voluntarily and willfully executed this
Agreement for purposes of binding the property to the terms and conditions set forth in this Agreement.
5. Successors and Assigns. This Agreement shall automatically be binding upon and shall
inure to the benefit of the City and Moss Road LLC 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.
6. Applicable Law. This Agreement shall be governed by and construed in accordance with
the laws of the State of Florida.
7. 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.
8. Entire Agreement. This Agreement supersedes any other agreement, oral or written, and
contains the entire agreement between the City and Moss Road LLC as to the subject matter hereof.
9 Severability. If any provision of this Agreement shall beheld 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.
10. Effective Date. This Agreement shall become effective upon approval by the City
Commission and execution of this Agreement by both parties hereto.
11. Recordation. This Agreement shall be recorded in the Public Records of Seminole County,
Florida.
12. Relationship of the Parties. The relationship of the parties to this Agreement is contractual
and Moss Road LLC 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.
13. Sovereign Immunity. Nothing contained in this Agreement shall be construed as a
. Developer's Agreement
City of Winter Springs and Moss Road, LLC.
Page 4 of 6
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 the state and federal law.
14. City's Police Power. Moss Road LLC agrees and acknowledges that the City hereby
reserves all police powers granted to the City by law. In no way shaH this Agreement be construed as
the City bargaining away or surrendering its police powers.
15. 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.
16. Permits. The failure of this Agreement to address any particular City, county, state,
and/or federal permit, condition, term, or restriction shall not relieve Moss Road LLC or the City of the
necessity of complying with the law governing said permitting requirements, conditions, term, or
restriction.
17. 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.
18. Specific Performance. Strict compliance shaH 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.
19. Attorney's Fees. In connection with any arbitration or litigation arising out of this
Agreement, the prevailing party shall be entitled to recover reasonable attorney's fees and costs through
all appeals to the extent permitted by law.
20. 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.
The failure of this Agreement to address any particular City, County, State and/or Federal permit,
condition, term or restriction shall not relieve Moss Road LLC 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 an\' building or unit if Moss Road LLC is in
breach of any term and condition of this Agreement.
Developer's Agreement
City of Winter Springs and Moss Road, LLC.
Page 5 0f 6
IN WITNESS WHEREOF, the parties have hereunto
set their hands and seal on the date first above written.
CITY OF WINTER SPRINGS
By: John F. Bush
John F. Bush, Mayor
ATTEST:
By: Andrea Lorenzo-Luaces, City Clerk
APPROVED AS TO FORM AND
LEGALITY
For the use and reliance of the City of
Winter Springs, Florida, only.
Athony Garganese, City Attorney for
the City of Winter Springs, Florida
MOSS ROAD LLC,
Developer's Agreement
City of Winter Springs and Moss Road, LLC.
Page 60f6
WITNESSES:
Printed name: Judy Squillark
Printed Name: Alice Mielcarek
STATE OF FLORIDA
COUNTY OF ORANGE
The foregoing instrument was acknowledged before me this 7th day of June, 2005,
by Craig Rouhier as Manaaging Partner of Moss Road, LLC, a Florida limited
liability company, who is personally know to me or has produced
___________________as identification.
Melissa Albrecht
Notary Public-State of Florida
Printed Name
My Commission Expires Dec 14, 08
Developer's Agreement
City of Winter Springs and Moss Road, LLC.
Page 7 of7
LEGAL DESCRIPllON
A parcel of land comprising portions of Lots 52 and 53, Slock "D", D.R.
Mitchell's Survey of The Levy Grant on lake Jessup, os recorded in Plot Book
1, Page 5, Public Records of Seminole County, Florida.
Being more particularly described os follows:
BEGIN at the point of intersection of the Southerly right-of-way line of
Stote Rood No. 434 and the Easterly right-of-way line of Moss Road;
thence run North 45'47'24- Eost along said Southerly right-or-way line of
State Road No. 434 for a distance of 13.94 feet; thence continuing along
said Southerly rIght-or-way line run South 88'25'02" Eost for a distance at
540.17 feet to a point on the Easterly line of Parcel 2 of subject property
per Official Records Book 4888, Page 171J of aforesaid Public Records of
Seminole County, Florida; thence deporting said Southerly right-at-way line
run South 00'00'07" Eost olong said Easterly line for 0 distance of 260.10
feet; thence deportIng sold Easterly line run North 88'25'02" West for a
distance of 200.03 feet; thence run North 00'01'20" West for 0 distance of
20.05 feet; thence run South 89.58'40" West for 0 distance of ~50.00 feet;
thence run North 00'00'00" East for a distonce of 239.86 feet to aforesaid
POINT OF BEGINNING.
Contains 3.161 acreS more or less.
Exhibit" A"
Prepared by and Return to:
Katherine W. Latorre, Esq.
City of Winter Springs Assistant City Attorney
Brown, Garganese, Weiss & D'Agresta, P.A.
225 E. Robinson Street, Suite 660
P.O. Box 2873
Orlando, FL 32802-2873
(407) 425-9566
FIRST MODIFICATION TO DEVELOPER'S AGREEMENT
THIS FIRST MODIFICATION TO DEVELOPER'S AGREEMENT ("First
Modification"), made and executed this _ day of March, 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 MOSS ROAD, LLC, a Florida limited liability
company, whose address is 738 Rugby Street, Orlando, Florida 32804.
WITNESSETH:
WHEREAS, the City and Moss Road, LLC entered into a Developer's Agreement dated
June 7, 2005, and recorded in Official Records Book 05787, Page 1180, of Seminole County, Florida
(the "Agreement"); and
WHEREAS, the partie.s desire to modify the Agreement to allow Moss Road, LLC to install
a fixed panel of storefront windows on the existing building, as well as install a masonry screening
wall adjacent to the rear ofthe building; and
WHEREAS, the parties acknowledge and agree that all other terms and conditions of the
Agreement not expressly modified by this First Modification shall remain in full force and effect.
NOW, THEREFORE, in consideration ofthe 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 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 Modification. The City and Moss Road, LLC agree that Section 3(i) of the
Agreement shall be modified as follows: (underlined type indicates additions and strikeout type
indicates deletions):
"(i) Moss Road LLC shall install a fixed panel of storefront windows on the front of the
FIRST MODIFICATION TO DEVELOPER'S AGREEMENT
CITY OF WINTER SPRINGS / MOSS ROAD, LLC
Pagelof3
most westerly building, located on the Southeast comer of Moss Road and State Road 434, where
the garage area of the building currently exists. However, this area of the building is intended to
remain as a garage and/or storage area and shall not be used for human occupancy. Further, Moss
Road, LLC shall add a masonry screening wall adjacent to the rear of the building which will extend
in height a minimum of eight inches (8") over the top of the equipment to be screened, and shall be
finished in either stucco or brick to match the exterior of the building shall brick-in the front garage
area and shall also screen the mechanical area on the rear of the building, from SR 434, with a 6'
masonry wall, when site development or building construction begins. Moss Road shall not modify
Lot 1 parking lot, including the additional landscaping as shown on the site plan at such time as
construction begins on either Lot 1 or Lot 2."
3.0 Recordation. This First Modification shall be recorded in the public records of
Seminole County, Florida, and shall run with the land.
4.0 Miscellaneous. All terms and conditions ofthe Agreement which are not expressly
and specifically modified by this First Modification shall continue to remain in full force and effect.
IN WITNESS WHEREOF, the parties have executed this First Modification as ofthe date
first written above.
THE CITY OF WINTER SPRINGS
By:
John F. Bush, Mayor
ATTEST:
By:
Andrea Lorenzo-Luaces, City Clerk
APPROVED AS TO FORM AND LEGALITY
For the use and reliance of the City of
Winter Springs, Florida only.
Dated:
By:
Anthony A. Garganese,
City Attorney for the City of Winter Springs
FIRST MODIFICATION TO DEVELOPER'S AGREEMENT
CITY OF WINTER SPRINGS / MOSS ROAD, LLC
Page 2 of3
MOSS ROAD, LLC
(Print Name)
WITNESSES:
Print Name:
Print Name:
STATE OF FLORIDA )
COUNTY OF )
The foregoing instrument was acknowledged before me this _ day of , 2006,
by as of Moss Road,
LLC, a Florida limited liability company, [ ] who is personally known to me or [ ] produced
as identification.
Notary Public - State of Florida
Print Name
My Commission Expires
FIRST MODIFICATION TO DEVELOPER'S AGREEMENT
CITY OF WINTER SPRINGS / MOSS ROAD, LLC
Page 3 of3
Date: March 13, 2006
The following "Addendum" was distributed by
Ms. Eloise Sahlstrom on March 13, 2006 during
Regular Agenda Item "306".
CITY COMMISSION
March 13. 2006
Meeting
Consent
Information
Public Hearinf!
Re2ular X
ITEM 306
Addendum
MGR. IDEPT
Authorization
1. Regarding the Request for First Modification to the Development Agreement for the
3.16 acre property on the southeast corner of Moss Rd and SR 434 which includes
the State Farm Insurance building, the O'Meio Gongfu Academy and a future
(office) building- The modification proposed in the Agenda Item included a sentence
relating to the future use of the garage: "However, this area of the building is intended to
remain as a garage and/or storage area and shall not be used for human occupancy." Also
a typo was found in the text that was not being altered. It should read, "Moss Rd shall
modify ....
However, Staff supports this area converting (at some time in the future) to an area for
human occupancy, and recognizes that any future changes to the interior build-out would
need to be submitted for review and permitting.
STAFF RECOMMENDS: Approval of the First Modification to the Development
Agreement without this sentence and with the typo correction.
2. Regarding the Aesthetic Review for the O'Mei Building. The O'Mei Building is
nearing completion, however, there are several discrepancies with the Aesthetic Review
that was approved by the Commission on May 23,2005. Unfortunately, when the
building plans were submitted for permitting, the plans were approved without
scrutinizing the plans against the Aesthetic Review rendering. It was only recently when
Staff recognized these discrepancies and called it to the attention of the Applicant.
Failure of Staff to identify on the building plans a discrepancy with the Commission
Approved Aesthetic Review (or other Commission approvals), does not absolve the
Applicant of the responsibility to comply with these approvals.
I..U..................,.
Prepared by and Return to:
MARYANNE tIJRSE, CLERK IF CIRCUIT CWRT
!QUU.E (;(QffY
8K 061T1 Pq$ 03M - 386, (Jpgs)
CLERK~ 5 =It 2()(.e.()49157
RlUlRDfD 03/28/2006 10130114 AM
RECORDING FEES 21.00
R!:.toftDf.D 8Y L Woodlty
Katherine W. Latorre, Esq.
City of Winter Springs Assistant City Attorney
Brown, Garganese, Weiss & D'Agresta, P.A.
225 E. Robinson Street, Suite 660
P.O. Box 2873
Orlando, FL 32802-2873
(407) 425-9566
FIRST MODIFICATION TO DEVELOPER'S AGREEMENT
THIS FIRST MODIFICA TION TO DEVELOPER'S AGREEMENT ("First
Modification"), made and executed this .2f1"day of March, 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 MOSS ROAD, LLC, a Florida limited liability
company, whose address is 738 Rugby Street, Orlando, Florida 32804.
WITNESSETH:
WHEREAS, the City and Moss Road, LLC entered into a Developer's Agreement dated
June 7,2005, and recorded in Official Records Book 05787, Page 1180, of Seminole County, Florida
(the "Agreement"); and
WHEREAS, the parties desire to modify the Agreement to allow Moss Road, LLC to install
a fixed panel of storefront windows on the existing building, as well as install a masonry screening
wall adjacent to the rear of the building; and
WHEREAS, the parties acknowledge and agree that all other terms and conditions of the
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 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 Modification. The City and Moss Road, LLC agree that Section 3(i) ofthe
Agreement shall be modified as follows: (underlined type indicates additions and sttikcopt type
indicates deletions):
"(i) Moss Road LLC shall install a fixed panel of storefront wi~dows on the front of the
FIRST MODIFICATION TO DEVELOPER'S AGREEMENT
CITY OF WINTER SPRINGS / MOSS ROAD, LLC
Page 1 00
most westerly building, located on the Southeast comer of Moss Road and State Road 434, where
the garage area of the building currently exists. Further, Moss Road, LLC shall add a masonry
screening wall adiacent to the rear of the building which will extend in height a minimum of eight
inches (8") over the top of the equipment to be screened, and shall be finished in either stucco or
brick to match the exterior of the building shall brick-in the nont galagc Mea and shall also seleCll
the mechanical alca on the leal of the building, flom SR 434, with a G' masonry wall, when site.
dGvclopmcnt OI building GOllstmctioll begins. Moss Road shall modify Lot 1 parking lot, including
the additional landscaping as shown on the site plan at such time as construction begins on either Lot
1 or Lot 2."
3.0 Recordation. This First Modification shall be recorded in the public records of
Seminole County, Florida, and shall run with the land.
4.0 Miscellaneous. All terms and conditions ofthe Agreement which are not expressly
and specifically modified by this First Modification shall continue to remain in full force and effect.
IN WITNESS WHEREOF, the parties have executed this First Modification as of the date
first written above.
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By:
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If~ :-
By:
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APPROV D AS TO FORM AND LEGALITY
For the use and reliance ofthe City of
Winter Springs, Florida only.
Daled&
By'
. th y A. Garganese,
City Attorney for the City of Winter Springs
FIRST MODIFICATION TO DEVELOPER'S AGREEMENT
CITY OF WINTER SPRINGS / MOSS ROAD, LLC
Page2of3
MOSS ROAD, LLC
----~
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WITNESSES:
~ 5.;lt<ll -k--
Pro tN. e: -:r-t; ~ki Il~{e
ahQ.L; 1l.tll(l ~ 1LLL
Print Name: tH..J{l f.:_ tnlE:~.t
COUNTY OF
The fo going instrument was acknowledged befj
as
orida limited liability company, [ ~o is pers
as identification.
day of ~2006,
~ of Moss Road~C
y known to me or [ ] produced
........MELiSSA.ALBREcHT........!
......~ Comm :
i',;)t,.~ "000353990 :
i~~~ _ Exp'res 121'.12008 :
\~cm~~/ Bonded thru (800)432-4254:
""'Ijll~~"\\~ Flonda Notary Ass I :
n., nc :
Pr t Name
My Commission Expires t CL-. (I aP
FIRST MODIFICATION TO DEVELOPER'S AGREEMENT
CITY OF WINTER SPRINGS / MOSS ROAD, LLC
Page 3 of3