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Home My WebLink About2002 06 10 Regular C Development Agreement for an Automotive Repair Shop .., <.? lie)" = 1'-0" LL w '\ 0' ...:. ..:.:.' }:~:t. .::~,i:~:};-~; """:.,,,:":"':::,",:', t;~, ::"".:'.-.:', 'I'::::i" ~~:l ,"" .":... <..> m .< <( AI lIe" = 11-0" , , : i i I if FI 2 3 4 i~~~-~~~----i I ~'...ql I ~ 5 6 7 -==.::::-~ .-----"-> ~--- ~--_. -'-1-- <....--... -..., -.----~-_.-._.___.__.____~_a__________..__._.._.. 9 N ~ +rl . ...... -". '-'--'- ~.__._-_._-_._._._._._--_._-_._----_._._._--- ~ ~ ~ 9 N I I I I I a: r~ I I I D WO DI 0 0 I I I I I I ::t: I I I I I I WO 1 ~l ..-..-.--...... . --' ..~_...~.-,......- /~.;;::.:-,.,/...- //,/' ./ ,...r" // ~/ // / ' j;/ II /1 . / ! I II ----~,. " o 0 WiJ" rTfl' , I .~ ~'.. '" .\ , 'I .. , I; " ~,' '~,I" '.~ -::1 ',; r '(\ t, .~ ._._,__..:t..._;!:._:~_____ m,.",." -;-I~,-':" :..; . - ----- t. :/':.. i. . :b,\'t SITE PLAN I) DRIVE UP CANOPY .... ';' ~ " \ !~, l , \ ~~:~~l \ +"'~ ~ ....'..... ",~'~-' ....". I I , , , \ ....L4~;.......;". ~'~'~:\ Ol~ t,; , ..~ ~~~ '~~" \ A-2 ' ~'~ ~ \ , :~, i ' ,-- ~-'t-""I-'\,- 4'1'~I- - --- ,- -- -- ---'I -\'1". '...._ '.~ \ \ '", " UNDERGROUND '. ,~. f~ '~l \~NEUMA TIC TUBES I .;~...-: ~ -=-~_-:- :-;-J.~-_c.-=-= - - 26- I- I I I I 91 ~I L_ r-- I I I I I I L_ ;- F I I I I I I I I 1 I ~ L CONCIERGE .. '- 34'.\0" I I I I L -----____.-J j~'-o" / I FLOOR. PLAN 2 3 4 o WORKSTATION I I I I L ~ _______~ ---44'-0"--- - 5 6 -, I I I I I I I I -1 0 . . . . ;- ~ ~ ~ o NORTH 7 Fe 1"=40' Ee Ile" = 11-0" c,e lIeR = 1'_0" AfJ lIe" = 1'_0'1 8 ~ t I I I I - - - ...... I~ ~ .t lOJJ " I ~ ':':! l- I I BllLOIN6 Cf I 1:t I I I I ----- I /77V7 /- ... '-'- 8 KEY PLAN ~ MOUl..DIN6 . ToO. PARAPET INTERNALLY LIT (INDIVIDUAL LETTERS) LOGO * SI6NA6E o 0 OPENIGLOSEO * TRAlTIC R.O~ 516NA6E TYP. OF (9). SPLIT FACE 6LOCK BASE, TYP. ~ -I fU40 IE ... I 0RIVE-tP ..... I I ~L___~ J ....~ <C n ... ...... b. 11'- w_ '0: '0 MAIN E!lRANCH ~ 9GlFT. EULOIN6 II S.R. 494 . \VAVJal~~~ ~ B.O. ATM CANOPY' 11'-61 (12'-01 CL~ BoO. DN CANOPY' lo'-el (J1'-21 CL~ j'-o" TYP. -4 EP-I I T.o.6ASE~ 2'-0" ~ '1'-01 ~ ~ '1'-0" ~ ~ '1'-0" ~ EAST ELEVATION (YeST ELEVATION - SAME) ~ MOULDINcSo . T.O. PARAPET STa;L CABLE SUPPORTED CANOPY' WI ANODIZED BRONZE FINISH. ---~~l \---::::::;::;) "k--/-/ ___"__'_'_____'____----.;:-_______ \\ \ \ . , \' \\ ~\ \\ \ \\ \ \ \ \~\ \\ SPLIT FACE 6LOCK 6ASE, TYP. NORTH ELEVATION CROIftl MOUI...DING . T.O. PAAAPET STa;L CABLE SUPPORTED CANOPY' WI ANODIZED BRONZE FINISH. PMJEMA TIC 1tJ6E UNIT, c.c. TV, * 8OI..LAROS. TYP. OF 9 LANES. o T.O. PARAPET ~ I'I'-el BoO. ATM CANOPY' lI'-6" (12'-01 CL~ 6.0. DN CANOPY 10f-e" (11'-2" CL~ DRIVE-lJP A AND ENCLO$IR o T.O. PARAPET q,- 1'I'.el B.O. ATM CANOPY' 11'-6" (12'-01 CL~ 6.0. DN CANOPY' lo'-e" (11'-21 CL~ SPLIT FACE BLOCK BASE, TYP. SOUTH ELEVATION 9 T.O, BASE ~ 2'-01 10 11 12 13 13 PR OCCA RELEASE 2.0 WINTER SPRINGS TOWN CENTER BRANCH STATE ROAD 434 WINTER SPRINGS. FLORIDA o SHEET NOTES " ~ ~.,j o NORTH EXTERIOR t=INISH SCHEtiUL.E CODE MAttFAG'TlJRER COLOR KJMeER ~ATlON EP-I ICI DULUX #65'f - "PRISM VitITt:" 51'1JGCO FINISH EP-2 ICI DULUX #S99 - "OBEL.ISK" ST1.JCCO FINISH EP-9 ICI OULUX #16Cf - IBRlCK ROAD" AViNINO TO MATCH EP-4 ICI DULUX #eso - IKHAKI 6REEN1 AY'ttINO TO MATCH EP-5 ICI DUl..UX #1~2 -sLUE DOOR" 5T1.JCCO FINISH EP-6 ICI DULUX #2019 - lViHITE HI6W CORNice EP-1 ICI DULUX #911 - "SONORA 1 SHUTTERS EP-e ICI DULUX 1551 "MANILLA TAN" S1'1JGCO FINSIH EP-CJ ICI DUL.UX #61 ITAPESTRY" 5Tt..1CGO BAND NOTE: THE ABOVE COLORS ARE INTENDED TO BE USED TO SELECT THE 51'1JGCO FINISH (INTRE6AL GOL.oR) COAT. SAMPLES OF FINISH COAT TO BE SUBMITTED FOR ARCHITECTS APPROVAL. SJeMIT mo SAMPLES OF EACH COLOR AND FINISH ON A 121 X 12" FORMAT. NOTE: STt..ICGO TO HAVE SMOOTH 'T'ROY'ELED FINISH NOTE: ALL GON'T'ROL JOINTSIREVEALS TO BE SHOP PRIMED 4 FIELD PAINTED TO MATCH ADJACENT COLOR ~INTER SPRIN6S CITY COMMISION REVIE~ 05/31102 ~INTER SPRIN6S STAFF DRC REVIE~ 05/21102 ~INTER SPRINGS DEVLPT. ZONING REVIE~ 03/25/02 No. I ;:;f <( ftj ~ S! Revisions/Submissions Dote -forun. architects I d> !I: ~ ~ ... '" "" :9: ~ ~ (f) g> .c o !::I .<: ~ c; ...: g:J ~ ~ <:: .C Q, en ~ ~ ~ ~ ... <:: o !:: Ai .a " :;; <:: o g> i:i ~ :ii 7575 Paragon Road, Dayton, Ohio 45459 Telephone: (937) 439-4400 Drowmg TItle P1.ANS 4 DRIVE-UP E1.EV A TIONS Seal Drawn Pro jeet No. 204251.06 JS Checked Scale AS NOTED Dote Drawing No. 03/25102 A-I @ 2002 DESIGN FORUM ARCHITECTS . 1 I 2 I 3 4 5 I 6 I 7 I 8 9 I 10 11 I 12 I 13 P OdE T ,<, EP-:2 OCCA I OPERABLE OPERABLE I~LYLlT~ SPANDREL 6LASS- ,fA S~ IN~L 'l' LII\ /RO~ MOULDIN6 . riNTERNALL'l' LIT r~s~ ..., (INDIVIDUAL LE'fT1:R5) W1NDOViS SHU'fT1:R5, 1YP. LOGO cSAAPHIC T.O. PARAPET T.O. PAAAP!:T q,- -$ T.O. PARAPET L060 cSAAPHIC r-I EP-b I SHUTT'ER$, 1YP. RELEASE 2.0 L060 . S16NA6E -~ I EP-1 I rf EP-e r _1 I EP-1 I EP-b 1-71 :2e'-o" :2tl-o" ~ ,--l EP-:2 I rf EP-e I / EP-6 EP-b ~, ~ tl tl tl \ ~ t1 11 ) .13 ~ tl ~ ~ ~ ~ WINTER SPRINGS -$ T.O. PARAPET / \ T.O. PARAPET q,- TOWN CENTER BRANCH 24'-0" 24'-0" f 0 0 \0 0 EP-I I ~ ToO. PAAAf'ET I EP-I ~~~ 0 0 0 0 0 0 o - - --f EP-:2 -$ T.O. PARAPET ~~~ J / -'--- STATE ROAD 434 I-- \~ l\ I . ~ EP-a I ~ /~ . I 1111 s:: EP-1 - :20'-:2" ~ 20'-2" I EP-3 I ""- t ~r EP-6 WINTER SPRINGS, FLORIDA '==T= =r= b=y= ~ L....,- I.....r- I ~ ~~ft ~~ / FABRIC AYflIN6 FAI9RlC, AV4N1N61' ~WAYA , II III I EP-5 t- --- 1R1l~ Iii I~ ~ I EP-4 I I EP-4 I ~ft~ ~~ [ ( IIT/~ ~ ~ o SHEET NOTES ~~ , '/ 6.0. Ar4N1N6 q,- -$ 6.0. ~1N6 ~ ~' j __:c~~ x;'.::r: - , -$ 6.0. CANOPY ~ II " . D ~ 6.0. CANOPY' Art. " 11'-4" 11'-4" EJ DDD 1/ ;'i5:<::~"'~.1::'; :;:i.: 5'-0" 5'-0" DD 10'-2" V 10'-0" ~I I II II I . I I :J: II 1YP. , 1YP. .. D': / If OJ: D ..., ::c.~ / '\ , \ / \ ~ 4': , =rr \ ~ / ~ / ":t:?' :- - .c7 l=Q / / T II rT I I "- 1/ I I I II ~ , I lo- U BRICK VENEER..J Lr EP-e 1 'Lf EP-I I 5T~ GLAZING ~ I EP..q l- LI EP..cf ~RIC.K VENEER EP..cf STOREFRONT GLAZIN6 ViI IT FAGE BLOCK OPAGlUE $LASS PRE-FINISHED ALUMlttlM PRE-FINISHED ALUMINJM 6ASE,1YP. FAAME, 1YP. ATTACHMENT A COMMISSION AGENDA June 10. 2002 Meeting Consent Information Public Hearin2 Re2ular X ITEM C MGR. {l- /Dept. ? ( ,.,. t:, REQUEST: Community Development Department requesting Commission consider and approve a development agreement for an automotive repair shop on a 1.36-acre parcel along the south side ofSR 434. just east of the entrance to Tuskawilla Trails. PURPOSE: The purpose of this Agenda Item is to request that the Commission approve a development agreement addressing issues and concerns pertinent to constructing and operating an automotive repair shop along SR 434, within the Town Center. APPLICABLE LAW: Section 166.021, Florida Statutes. (1) As provided in Section 2(b), Art. vm of the State Constitution, municipalities shall have the government, corporate, and proprietary powers to enable them to conduct municipal government, perform municipal functions, and render municipal services, and may exercise any power for municipal purposes, except when expressly prohibited by law. (2) "Municipal purpose" means any activity or power which may be exercised by the state or its political subdivisions. Town Center District Code. June 10,2002 Regular Item C Page 2 FINDINGS: 1. The development agreement is authorized pursuant to the Municipal Home Rule Powers Act, as provided in s 2(b), Article vrn of the Florida Constitution and Chapter 166, Section 166.021, Florida Statutes. 2. The development agreement is consistent with the City's Comprehensive Plan and Code of Ordinances. 3. The development agreement provides for reasonable use ofthe subject property, while addressing issues and concerns pertinent to the present and future use of the site. 4. The special exception was approved on October 22, 2001, and was valid for 6 months. CONSIDERATIONS: The Special Exception for an automotive repair shop in the Town Center was approved on October 22,2001, contingent upon a development agreement being executed between the applicant and the City. During the time that has elapsed since approval, the applicant moved the residential tenants from the site, hired an engineer and an architect, obtained financing, and hired another contractor. A Special Exception is valid for six months RECOMMENDATION: Staff recommends that the City Commission approve the attached development agreement. ATTACHMENTS: A Development Agreement. COMMISSION ACTION: 2 !nt By: BROWNIWARDISALZMAN&WEISSIP.A.j 407425 9596j Jun-5-0211:27AMj Page 2 '-.J' '.'.. - Prepared by and Return to: Anthony A. GaJ'ganete. City AUDfnSY erown, Ward, Salzman & Weiss. P.A. 225 E. Robinson Street, SUite 850 P.O. Box 2813 Ortanclo, fl32602.2873 6I3/2Q02 (D n f) e~ d fl y. ~ ~ fry., 1/' r /.'O~~ ~I'{) L. :J 19' 'I 1 '( Parc:et 1.0. No. J6.2Q.30-502.oooo.oo10 BINDING DEVELOPMENT AGRI;EMENT THIS BINDING DEVELOPMENT AGREEMENT is made and executed this _ day of I 2002, by and between the CITY OF WINTER SPRINGS, a Florida municipal corporation (herein referred to as the "City"). whose address is 1126 East State Road 434, Winter Springs, Florida, 32708, and the owner of the subject property, JOSEPH M. MIRANDA and ZELIA M. MIRANDA (herein referred to as the "Owner"), whose address is 1417 lambert Street. Deltona, Florida, 32725. WITNESSETH: WHEREAS, Owner owns certain property located in the City of Winter Springs, Florida. Town Center District. and legally described in Exhibit "A," which is attached hereto and incorporated herein by this reference (herein referred to as the "Subject Property"); and WHEREAS, the City Commission at its regular meeting on October 22, 2001, approved a special exception to allow an automotive repair facility at the Subject Property, subject to the seven (7) conditions set forth in the City Commission agenda item for the special exception and also subject to the approval of this development agreement between the City and OWner; and 1 Sent BV: BROWN,WARD,SAlZMAN&WEISS,P.A.; 407 425 9596; Jun-5-02 11:27AM; Page 3 '" --' WHEREAS, the City Commission of the City of Winter Springs finds that this Agreement is consistent with the City's Comprehensive Plan and land development regulations and is a legislative act of the City Commission of the City of Winter Springs; and WHEREAS, the City Commission further finds that this Agreement promotes the public health, safety, and welfare and is consistent with, and an exercise of, the City's powers under the Municipal Home Rule Powers Act, as provided in s. 2(b), Article VIII of the Florida Constitution and Chapter 166.021. Florida Statutes, and the City's police powers. NOW THEREFORE, in consideration of the mutual covenants and mutual benefits herein contained, the parties agree as follows: 1. Recitals. The foregoing recitals are hereby incorporated herein by this reference. 2. Authoritv. This Development Agreement is entered into pursuant to the Florida Municipal Home Rule Powers Act. and the Code of Ordinances of the City of Winter Springs. 3. Representations of Owner. Owner hereby represents and warrants to City that Owner has the power and authority to bind the Subject Property and execute, deliver and perform the terms and provisions of this Development Agreement, has an equitable or legal interest in the title to the Subject Property, and has taken aU necessary action to authorize the execution. delivery and performance of this Development Agreement. 2 ~nt By; BROWNIWARDISALZMAN&WEISS,P.A.j 407 425 9596j Jun-5-0211:2BAM; Page 4 .....--~. "~ 4. APproval of Special Exception. The City hereby reaffirms that a special exception to allow an "automotive repair shop" has been approved by the City commission on Odober 22. 2001, for the Subject Property, subject to the terms and conditions of this Agreement. Owner acknowledges that if this Agreement is ever terminated, the special exception shall be deemed null and void and the use of the Subject Property as an automotive repair shop shall no longer be permitted. unless otherwise approved by the City Commission. The automotive repair shop shall be strictly limited to only routine service as more particularly described herein. 5. Town Center Acknowledament. Owner hereby aCknowledges that the Subject Property is located in the Winter Springs Town Center and is subject to certain unique regulations. These regulations are designed to ensure that all strudures and uses of property located within the Town Center are developed and maintained in a high-quaHty condition that promotes the Town Center vision and character set forth in the City's Comprehensive Plan and Code of Ordinances. Owner also acknowledges that any use 01 the Subject Property that is inconsistent with this Agreement and the Town Center regulations is detrimental to the public health, safety and welfare of the citizens of Winter Springs. Therefore, Owner hereby agrees to abide by all provisions of the Town Center Zoning Code and Comprehensive Plan provisions and all discretionary City approvals granted under said Code and Plan, as may be lawfully amended from time to time. 6. Use Restrictions. Owner agrees to fully comply with the following use restrictions on the Subject Property: 3 3nt By: BROWNIWARDISALZMAN&WEISSIP.A.j 407 425 9596j Jun-5-02 11 :28AMj Page 5/16 6.1 Hours of ODerationfNoise. The hours of operation of the automotive repair shop shall be limited to the hours of 7:00 a.m. to 7:00 p.m.) Monday through Saturday. Owner shall take aU reasonable and necessary steps required by the City to minimize noise impacts on surrounding properties. No activity on the Subject Property shall produce any unreasonably loud. disturbing, and/or raucous noise, audible from surrounding properties, at any time. Emergency towing is the only commercial activity allowed at the Subject Property between the hours of 7:00 p.m. to 7:00 a.m., Monday through Saturday and all day on Sunday. 6.2 Sianage. Signage must conform to the Town Center requirements and shall be limited to that depicted on Exhibit "B," which is attached hereto and incorporated by this reference. 6.3 Vehicle Storage/ScreeninjJ. Vehicles awaiting routine selVice or repair must be stored In the rear of the site and not be visible from the public rights- of-way. Garden walls, fences, or hedges may be used to screen vehicles from public view. A 6-foot tall masonry wall shall be constructed and maintained along the entire rear boundary of the Subject Property. The height of said wall shall be measured from ground level and the masonry materials and design of the wall shall be subject to City approval. The SUbject Property shall not be used as a towing storage area (no wrecked or stored vehicles will be allowed). There will be a reasonable limit to the time a vehicle may be kept at the Subject Property. Tow trucks or similar-type vehicles shall not be stored on the Subject Property. 4 ~nt By: BROWN,WARD,SALZMAN&WEISS,P.A.j 407425 9596; Jun-5-02 11 : 29AM; Page 6/16 "._0- 6.4 Use Restrictions. On-site work shall be limited to minor automobile repairs and express lube. There shall be no retail sales of automobile parts or accessories. Allowable minor automotive repairs uses include express lubrication; other automotive fluid changes or additions; tune-ups; timing, carburetor, clutch and other various adjustments; changing clutches, head gaskets, shock absorbers, struts, starters, alternators, waterpumps, radiators, hoses, belts, windshield wipers, and similar other routine service items. Major engine or transmission work (e.g., overhauling or changing engines or transmissions), frame straightening, paint and/or body work, and similar major service items shall be strictly prohibited. 6.5 Buildina. The building located on the Subject Property shall be constructed to be 2-story in appearance, or in fact, with all four (4) sides of the building, as well as the walf(s), substantially consistent, architecturally, with the facade substantially in conformance with Exhibit "B, n which is hereby incorporated herein by this reference. The building may house a maximum of five (5) "service bays." three (3) of which will be used for minor automobile repair work and two (2) of which will be used for express lubrication. Owner may construct one residential unit on the second floor of the building, subject to all applicable building and life/safety codes. The building shall be provided with an awning or awnings on the front, consistent with the awning speCifications set forth in the Town Center District Code. 6.6 Landscaping. In addition to the normal exterior building landscaping, the final site plan shall include a landscape plan with landscaping and trees on the 5 ~nt By: BROWNIWARD,SALZMAN&WEISS,P.A.j 407 425 9596j Jun-5-0211:30AMj Page 7/16 .~'-/ interior of the Subject Property. Owner shall maintain the landscaping at all times by retaining a competent and qualified professional landscape maintenance company. 6.7 Pollution and Other Environmental Concerns. Owner shall fully comply with all applicable local, state, and federal environmental regulations end laws governing noxious fumes and the disposal of waste materials. Fumes and obnoxious odors generated by the automotive repair shop shall not affect the surrounding properties and shall be minimized to the maximum extent possible. Stormwater management. motor oil tanks, and other environmental considerations shall be adequately addressed to the City's satisfaction during the site plan review process. 6.8 Exoiration. If construction of the automotive repair shop is not substantially completed during the course of two (2) years from the date that this Development Agreement is executed, as evidenced by Certificates of Occupancy. this Development Agreement shall expire. The two (2) year period may be extended by the City Commission, if due to difficulties beyond the Owner's control and despite a good faith effort by the Owner, construction is delayed. 7. Successors and Assigns. This Development Agreement shall automatically be binding upon and shall inure to the benefit of the successors and assigns of each of the Subject Property. 6 ent By: BROWN,WARO,SALZMAN&WEISS,P.A.j 407 425 9596j Jun-5-0211:30AMj Page 8/16 ".-" .....- 8. Applicable Law. This Development Agreement shall be governed by and construed in accordance with the laws of the State of Florida and the City of Winter Springs. 9. Amendments. This Development Agreement shall not be modified or amended except by written agreement executed by all parties hereto and approved by the City Commission of the City of Winter Springs. 10. Entire Agreement. This Development Agreement supersedes any other agreement, written or oral, and contains the entire agreement between the parties as to the subject matter hereof. 11. Severability. If any provision of this Development Agreement shalf 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 Development Agreement. 12. Effective Date. This Development Agreement shall become effective upon approval by the City of Winter Springs City Commission and execution of this Development Agreement by all parties. 13. Recordation. Upon approval by the City of Winter Springs City Commission and execution of this Development Agreement by all parties, this Development Agreement and any amendments hereto shall be recorded by the City in the public records of Seminole County, Florida, and shall run with the land. 14. RelatlonshiD of, the Parties. The relationship of the parties to this lDevelopmentAgreement is contractual and arm's length. Owner is not an agent afthe City 7 ent By: BROWN,WARD,SAlZMAN&WEISS,P.A.j 407 425 9596; Jun.5.0211:31AMj Page 9/16 .....-... for any purpose. Nothing herein shall be deemed to create a partnership, or joint venture. or principal-agent relationship among the parties, and no party is authorized to, nor shall any party act toward third persons or the public in any manner which would indicate any such relationship with any other party. 15. Sovereign Immunity. Nothing contained in this Development 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 or federal law. 16. City's Police Power. Owner acknowledges and agrees that the City hereby reserves all police powers granted to the City by law. In no way shall this Development Agreement be construed as the City bargaining away or surrendering its police powers. 17. Interpretation. The parties to this Development Agreement acknowledge and agree that all parties have participated equally in the drafting of this Development Agreement, and no party shall be favored or disfavored regarding interpretation of this Development Agreement in the event of a dispute between the parties. 18. Permits. The failure of this Development Agreement to address any particular City, county, state and federal permit, condition, term or restriction shall not relieve Owner or the City of the necessity of complying with the law governing said permitting requirements, conditions. term or restriction. 19. Third Par1v Rights. This Development Agreement is not a third party beneficiary contract, and shall not in any way whatsoever create any rights on behalf of any third party. 8 ent By: BROWN,WARD,SALZMAN&WEISS,P.A.; 407425 9596j Jun-5-0211:31AMj Page 10/16 20. Specific Performaoce. Strict compliance shall be required with each and every provision of this Development Agreement. The parties agree that failure to perform the obligations established in this Development Agreement shall result in irreparable damage, and that specific performance of these obligations may be obtained by suit in equity. 21. Attorneys'. Fees. In connection with any arbitration or litigation arising out of this Development Agreement, the prevailing party shall be entitled to recover reasonable attorney's fees and costs through all appeals to the extent permitted by law. 22. Future Rezoning6/Development Pennits. Nothing in this Development Agreement shall limit the City's a~hority to grant or deny any future rezoning or development permit applications 0( requests, or the right of Owner to apply for or oppose any future rezoning or development permit application subsequent to the Effective Date of this Development Agreement. In addition, nOthing herein shan be construed as granting or creating a vested property right or interest in the Subject Property. 23. 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'l) 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 conditions ("Uncontrollable Event"). then notwithstanding any proviSion of this Agreement to the contrary, that failure shall not 9 ;ent By: BROWN,WARD,SALZMAN&WEISS,P.A.j 407 425 9596j Jun-5-0211:32AMj Page 11/1 6 .......-' 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. 24. City's Right to Terminafte Agreement. Failure by Owner to perform eaCh and every one of its obligations hereunder shall constitute a default, entitling the City to pursue whatever remedies are available to it under Florida law or equity including. without limitation, an action for specific performance andlor injunctive relief or alternatively, the termination of this Agreement. Prior to the City filing any action or terminating this Agreement as a result of a default under this Agreement, the City shall first provide the Owner with written notice of said default. Upon receipt of said notice, the Owner shall be provided a thirty (30) day opportunity in which to cure the default to the reasonable satisfaction of the City prior to filing said action or terminating this Agreement. If thirty (30) days is not a reasonable period in which to cure the default, the cure periOd! shall be extended to a reasonable cure period mutually acceptable to the City and the Owner, but in no case shall that cure period exceed one-hundred twenty (120) days. Upon t9rmination of the Agreement, the Owner shall immediately lose aJl rights and privileges granted hereunder. IN WITNESS WHEREOF, the parties have executed this Development Agreement as of the date first written above. ATTEST: CITY OF WINTER SPRINGS, a Florida Municipal Corporation: By: By: PAUL P. PARTYKA Mayor ANDREA LORENZO.lUACES City Clerk 10 ent By: BROWN,WARD,SALZMAN&WEISS,P.A.; 407 425 9596; Jun-5-0211:33AM; Page 12/16 -' WITNESSES: OWNER: By: JOSEPH M. MIRANDA Date: WITNESSES: By: ZELIA M. MIRANDA Date: STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this _ day of , 2002, by Joseph M. Miranda, [ ] who is personally known to me, or [ I who has produced as identification. NOTARY PUBUC, State of Florida My commission expires: (SEAL) STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this _ day of , 2002, by Zelia M. Miranda, [ ] who is personally known to me, or ( ] who has produced as identification. NOTARY PUBLIC, State of Florida My commission expires: (SEAL) F:\OOCSICity of WlmeJ Sp1lngs\M1randa'MIramIEl.CoV9lopmll1lt.A9nJement.S.~ .wpd 11 Sent By: BROWN,WARD,SALZMAN&WEISS,P.A.; 407 425 9596j EXHIBIT "A" Legal Description Jun-S-0211:33AM; Page 13116 Sent By: BROWN,WARD,SALZMAN&WEISS,P.A.; 407 425 9596; ...\ t \ \ - '" IoCHt '1ft 20.~ Jun.5.0211:34AM; Page 14/16 -.-,./ ....... w~ C/:t: SPltlJV, 1l.4~{. Os .,., ~~ U.O G 11.OC I.~rtAL DESCRlmON lJROPERTY FOR WINTER SPRINGS AUTOMOTIVE BegioninS at the most e"lSterly ~mer orthat part of Block "S" of D. R. MITCHELLtS SURVEY OF THE LEVY GRANT. as recorded ill Plat Book 1, Page S. ia the office or the Oerk ofCircuil Cowt of Seminole: CounlY. florida, lying South and West of the paved road leading from Sanford to Oviedo; thence along the Southwesterly side of the paved road North 38 degt'Ce$ 45 minutcs WC$t 1586.00 feet to a eoncrete moDUmcm West 200.00 fm; thence South 51 degrees J' minuteS West 291.30 feet to the Southeasterly side ora dirt road; thencc SQuth 22 degrees IS minutes East 208.80 fed; &hence North'l degrees 1 S minutes East 3S 1.1 0 feet to the point of beginning. ws road risht of way desaibed iA Order o(Taking recorded in O. R. Book 2803, Page 1023. \ MAP OF SURVEY II BOUNDARy" Commencing at the most Easterly corner of that part of block 'B' of D.R, MITCHELL'S SURVEY OF THE LEVY GRANT, as recorded in Plat Book 1, Page 5, in the office of the Clerk of Circuit Court of Seminole county, Florida, lying South and West of the paved road leading from Sanford to Oviedo; thence along the Southwesterly side of the paved road North 38 degrees 45 minutes West 1586.00 feet to a concrete monument for a point of beginning: thence continuing North 3B degrees 45 minutes West 200.00; thence South 51 degrees 15 minutes West 291.30 feet to the Southeasterly side of a dirt road; thence South 22 degrees 15 minutes East 208.BO feet; thence North 51 degrees 15 minutes East 351.10 feet to the point of beginning. F, I,R,C..../~ , ,ooT ~'I: N38'44'04'1I ----- \. 184,09' (HI r rF1f.p, \ ..... \.. ~~ "'. ,~.......'<?s>'iD. '\ :;., \~ \ .~~ ,;0. " ^~' fb~ ?-~fF . .+ 'li ,,0 .+ ." 9 .\.~~.fj ~~\.'li ~~ \9\ ~o .~ ,;~'o.i.\.bo .~ ,;'l) ,,0 .~ ." '?J '\~D'''' ~\ .~ ""-#>\ 1 ~ SCALe 1" - 60' SlIlVEY NOTES: _ BEARINGS SH(>>IN, HERfDH ARE BASED 011 " A RIGHT-oF-WAY IW', PROVIDED BY THE ClIEIIT. THE'IIESTfRlY'RISHT-OF-IIAY lI/E IS S38'43'JS"E _ lAHJS SHOWN IelEDH WEllE NOT ABSTRACTED FOR EASEHENTS. RISHT-oF-IIAYS. OR AD.JOINERS OF RECORD. _ TIE lANO DEsCRIPTDH HEREDH IS IN ACCORD WITH TIE IH5T1M1E11T OF RECORIJ. ANO WAS PROVIDED BY THE ClIEHT. OFFICIAL. RECORDS IlOOI( J2S7 PAGE 0322 _ USED AS A REFEREIICE. JOE E. JOHNSTON'S SURVEY DEED SOOK 147, PAGE 221 _ All I/lPRDVElENTs NOT SHOIIH BY ORDER OF CLIEIIT _ l.l'/DERGROUND UTlITIES, FOUHOATIOHS. OR OTIER sTRlJCTlJRES IIERE NOT lOCA TED SY THIS SURVEY. I If3lESY CERTIFY THAT THE' HAP 'OF'SlIlVEY' SHOWN ,: ,HEREDH IS,IN'ACCORDAIICE"WITH rrE"TECIfo/ICAL.', . "':. ',; STANDARDS AS SET FORTH IIY' TIE sOARll OF'., ,,", " PROFESSIDHAl LAND SURVEYIIRS IN CHAPTER 61017-6. " FlORIDA ADHINIST~T COllE. PURSUANT TO SECTION 472.027. FlORIDA S. EDWARD .J. H 0 .JR. NO. 3376 FLORIDA RESI5TEIlED lANO SURVEYOR ANO HAPPER. HOT VAlID IIITl<<JUT THE SIGNATURE Il TIE ORII;!HAl RAISED SEAL OF A FLORIDA LICENSED SlIlVEYOR A1(l NAPPER. - FENCE - ClE.tR - FCXNJ - PlAT - ELEVATION :~~ -CORel FEN etA no g,J CIlHC. EASE. COR on T A OR CEH7IIAL AHGLE POrNT OF IHTERSECftOH AlA COHIJITIOHIHO UHlT RAOIlIS .ARC LEHGTH HOT TO SCALE PROPOSED EXISTIHO . P.I A/C A L H. T.S. PA EX. C. H, - crM:IlETE HOHIJ6IT P. T. .. POUlT OF TAJoawcr P.C. - POINT CF ClAVATLRf U.E. - UJI1llTY EASENENT O.E. - MIolHAGE EASE""," C & 0 - CLR9 , GUTTER R/>I - RIGHT OF WA Y t - CEHTERLllE FCN - FOUHD C~TE I'OIUlEHT F".I.A.C. - FotNJ IRON ROO JHJ CAP F.I.R. - F"otNJ IRON ROO n:-. - F"IHISH:D FlOOR ELEVATION S.l.A.C. - SET IRON ROO AKJ CAP F. N&D - FotI<<J HAll AH:J DISk' l~ : ~ifcfc.~~:t'Je.oo. PA EX PROJECT INFORHATION JOB NO 8208 DRAWN BY: TOF REVIEWED BY: PREPARATION DATE PLOT PLAN FRANKLIN, MIZO, &' REID cmL ENCINEERS - LAND SURVEYORS J368 EAST VINE STREET, KISSIHHEE, FL 34744 PHONE 846-1216 FAX 846-0037 CERTIFICATE NO. L8 6605 03/02101 ,', " .'.. .f.~ <~: ...., '.-:;:::~H~;~L~.-#.~"..(.:.~.." .. ;,. }. - PROPOSEO - EXISTINS - FLOW LllE ~. .. ~nt By: 8ROWN,WAROJSALZMAN&WEISSJP.A.j 407 425 9596; -.~,..-. . EXHIBIT ClB" Signage/Facade Jun-5-0211:34AM; Page 15/16 {f) tI) :l r+ !Xl '<: Front l=acade, facing S.R. 434 (PRELIMINARY) .....1 ~( J i;. ..1' \1 ) :"....~ . I ,.J J I' {., j . ~-- J. . - - ... --- ---' ! !Xl :0 ~ ~ :0 o {f) %> . N :;: %> Z ~ .... {f) (/) - -0 l> ......J \ \ .i ..~:J.l ,.. I .. ...... - J ;':1 .... . ). , C.I\\,.~ t.': JI ;,: . ~ o -,J ~ I\) L11 lC L11 lC Cl -" t ~' . \ \ I \ \ \ \ t.J L11 l> :;: A-. \ \ l.. C :l , L11 o I\) . .-.~ .*-"~ . " ~----:: ...... - - .......... -0 ll) iO tI) Cl ..... Cl , ,.........m...........,. @ Prepared by and Return to: Anthony A. Garganese, City Attorney Br~wn, Ward, Salzman & Weiss, P.A. 225 E. Robinson Street, Suite 660 P.O. Box 2873 Orlando, FL 32802-2873 Parcell.D. No. 36-20-30-502-0000-0010 MARYANNE MORSE, CLERK OF CIRCUIT CWRT SEMINOlE COONTY BK 04450 PG 0328 CLERK'S. 2002902560 RECORDED 07/01/2002 04:21:36 P" RECORDIN6 FEES 69.00 RECORDED BY S O'Kelley BINDING DEVELOPMENT AGREEMENT THIS BINDING DEVELOPMENT AGREEMENT is made and executed this I~~ day of ~~ 2002, by and between the CITY OF WINTER SPRINGS, a Florida municipal corporation (herein referred to as the "City"), whose address is 1126 East State Road 434, Winter Springs, Florida, 32708, and the owner of the subject property, JOSEPH M. MIRANDA and ZELIA M. MIRANDA (herein referred to as the "Owner"), whose address is 1417 Lambert Street, Deltona, Florida, 32725. WITNESSETH: WHEREAS, Owner owns certain property located in the City of Winter Springs, Florida, Town Center District, and legally described in Exhibit "A," which is attached hereto and incorporated herein by this reference (herein referred to as the "Subject Property"); and WHEREAS, the City Commission at its regular meeting on October 22, 2001, approved a special exception to allow an automotive repair facility at the Subject Property, subject to the seven (7) conditions set forth in the City Commission agenda item for the special exception and also subject to the approval of this development agreement between the City and Owner; and 1 , FILE NUM 2002902560 OR BOOK 04450 PAGE 0329 WHEREAS, the City Commission of the City of Winter Springs finds that this Agreement is consistent with the City's Comprehensive Plan and land development regulations and is a legislative act of the City Commission of the City of Winter Springs; and WHEREAS, the City Commission further finds that this Agreement promotes the public health, safety, and welfare and is consistent with, and an exercise of, the City's powers under the Municipal Home Rule Powers Act, as provided in s. 2(b), Article VIII of the Florida Constitution and Chapter 166.021, Florida Statutes, and the City's police powers. NOW THEREFORE, in consideration of the mutual covenants and mutual benefits herein contained, the parties agree as follows: 1. Recitals. The foregoing recitals are hereby incorporated herein by this reference. 2. Authoritv. This Development Agreement is entered into pursuant to the Florida Municipal Home Rule Powers Act, and the Code of Ordinances of the City of Winter Springs. 3. Representations of Owner. Owner hereby represents and warrants to City that Owner has the power and authority to bind the Subject Property and execute, deliver and perform the terms and provisions of this Development Agreement, has an equitable or legal interest in the title to the Subject Property, and has taken all necessary action to authorize the execution, delivery and performance of this Development Agreement. 2 FILE NUM 20029025~O OR BOOK 04450 PAGE 0330 4. Approval of Special Exception. The City hereby reaffirms that a special exception to allow an "automotive repair shop" has been approved by the City commission on October 22, 2001, for the Subject Property, subject to the terms and conditions of this Agreement. Owner acknowledges that if this Agreement is ever terminated, the special exception shall be deemed null and void and the use of the Subject Property as an automotive repair shop shall no longer be permitted, unless otherwise approved by the City Commission. The automotive repair shop shall be strictly limited to only routine service as more particularly described herein. 5. Town Center AcknowledQment. Owner hereby acknowledges that the Subject Property is located in the Winter Springs Town Center and is subject to certain unique regulations. These regulations are designed to ensure that all structures and uses of property located within the Town Center are developed and maintained in a high-quality condition that promotes the Town Center vision and character set forth in the City's Comprehensive Plan and Code of Ordinances. Owner also acknowledges that any use of the Subject Property that is inconsistent with this Agreement and the Town Center regulations is detrimental to the public health, safety and welfare of the citizens of Winter Springs. Therefore, Owner hereby agrees to abide by all provisions of the Town Center Zoning Code and Comprehensive Plan provisions and all discretionary City approvals granted under said Code and Plan, as may be lawfully amended from time to time. 6. Use Restrictions. Owner agrees to fully comply with the following use restrictions on the Subject Property: 3 FILE NUM 2002902560 OR BOO~ 04450 PAGE 0331 6.1 Hours of Operation/Noise. The hours of operation of the automotive repair shop shall be limited to the hours of 7:00 a.m. to 7:00 p.m., Monday through Saturday. Owner shall take all reasonable and necessary steps required by the City to minimize noise impacts on surrounding properties. No activity on the Subject Property shall produce any unreasonably loud, disturbing, and/or raucous noise, audible from surrounding properties, at any time. Emergency towing is the only commercial activity allowed at the Subject Property between the hours of 7:00 p.m. to 7:00 a.m., Monday through Saturday and all day on Sunday. 6.2 Siqnaqe. Signage must conform to the Town Center requirements and shall be limited to that depicted on Exhibit "B," which is attached hereto and incorporated by this reference. 6.3 Vehicle Storaqe/Screenin~. Vehicles awaiting routine service or repair must be stored in the rear of the site and not be visible from the public rights- of-way. Garden walls, fences, or hedges may be used to screen vehicles from public view. A 6-foot tall masonry wall shall be constructed and maintained along the entire rear boundary ofthe Subject Property. The height of said wall shall be measured from ground level and the masonry materials and design of the wall shall be subject to City approval. The Subject Property shall not be used as a towing storage area (no wrecked or stored vehicles will be allowed). There will be a reasonable limit to the time a vehicle may be kept at the Subject Property. Tow trucks or similar-type vehicles shall not be stored or parked overnight on the Subject Property. 4 F1LE NUM 2002902560 OR BOOK 04450 PAGE 0332 6.4 Use Restrictions. On-site work shall be limited to minor automobile repairs and express lube. There shall be no retail sales of automobile parts or accessories. Allowable minor automotive repairs uses include express lubrication; other automotive fluid changes or additions; tune-ups; timing, carburetor, clutch and other various adjustments; changing clutches, head gaskets, shock absorbers, struts, starters, alternators, water pumps, radiators, hoses, belts, windshield wipers, and similar other routine service items. Major engine or transmission work (e.g., overhauling or changing engines or transmissions), frame straightening, paint and/or body work, and similar major service items shall be strictly prohibited. 6.5 BuildinQ. The building located on the Subject Property shall be constructed to be 2-story in appearance, or in fact, with all four (4) sides of the building, as well as the wall(s), substantially consistent, architecturally, with the facade substantially in conformance with Exhibit "B," which is hereby incorporated herein by this reference. The building may house a maximum of five (5) "service bays," three (3) of which will be used for minor automobile repair work and two (2) of which will be used for express lubrication. Owner may construct one residential unit on the second floor of the building, subject to all applicable building and life/safety codes. The building shall be provided with an awning or awnings on the front, consistent with the awning specifications set forth in the Town Center District Code. 6.6 LandscapinQ. In addition to the normal exterior building landscaping, the final site plan shall include a landscape plan with landscaping and trees on the 5 r.&LI:. ......,.~. ...v""~_____... OR BOO~ 04450 PAGE 0333 interior of the Subject Property. Owner shall maintain the landscaping at all times by retaining a competent and qualified professional landscape maintenance company. 6.7 Pollution and Other Environmental' Concerns. Owner shall fully comply with all applicable local, state, and federal environmental regulations and laws governing noxious fumes and the disposal of waste materials. Fumes and obnoxious odors generated by the automotive repair shop shall not affect the surrounding properties and shall be minimized to the maximum extent possible. Stormwater management, motor oil tanks, and other environmental considerations shall be adequately addressed to the City's satisfaction during the site plan review process. 6.8 Expiration. If construction of the automotive repair shop is not substantially completed during the course of two (2) years from the date that this Development Agreement is executed, as evidenced by Certificates of Occupancy, this Development Agreement shall expire. The two (2) year period may be extended by the City Commission, if due to difficulties beyond the Owner's control and despite a good faith effort by the Owner, construction is delayed. 7. Successors and AssiQns. This Development Agreement shall automatically be binding upon and shall inure to the benefit of the successors and assigns of each of the Subject Property. 6 FILE NUM 2002902560 OR BOOK 04450 PAGE 0334 8. Applicable Law. This Development Agreement shall be governed by and construed in accordance with the laws of the State of Florida and the City of Winter Springs. 9. Amendments. This Development Agreement shall not be modified or amended except by written agreement executed by all parties hereto and approved by the City Commission of the City of Winter Springs. 10. Entire AQreement. This Development Agreement supersedes any other agreement, written or oral, and contains the entire agreement between the parties as to the subject matter hereof. 11. Severability. If any provision of this Development 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 Development Agreement. 12. Effective Date. This Development Agreement shall become effective upon approval by the City of Winter Springs City Commission and execution of this Development Agreement by all parties. 13. Recordation. Upon approval by the City of Winter Springs City Commission and execution of this Development Agreement by all parties, this Development Agreement and any amendments hereto shall be recorded by the City in the public records of Seminole County, Florida, and shall run with the land. 14. Relationship of the Parties. The relationship of the parties to this Development Agreement is contractual and arm's length. Owner is not an agent of the City 7 FILE NUM 2002902560 OR BOOK 04450 PAGE 0335 for,any purpose. Nothing herein shall be deemed to create a partnership, or joint venture, or principal-agent relationship among the parties, and no party is authorized to, nor shall any party act toward third persons or the public in any manner which would indicate any such relationship with any other party. 15. SovereiQn Immunitv. Nothing contained in this Development 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 or federal law. 16. City's Police Power. Owner acknowledges and agrees that the City hereby reserves all police powers granted to the City by law. In no way shall this Development Agreement be construed as the City bargaining away or surrendering its police powers. 17. Interpretation. The parties to this Development Agreement acknowledge and agree that all parties have participated equally in the drafting of this Development Agreement, and no party shall be favored or disfavored regarding interpretation of this Development Agreement in the event of a dispute between the parties. 18. Permits. The failure of this Development Agreement to address any particular City, county, state and federal permit, condition, term or restriction shall not relieve Owner or the City of the necessity of complying with the law governing said permitting requirements, conditions, term or restriction. 19. Third Party RiQhts. This Development Agreement is not a third party beneficiary contract, and shall not in any way whatsoever create any rights on behalf of any third party. 8 FILE NUM 2002902560 OR BOO~ 04450 PAGE 0336 20. Specific Performance. Strict compliance shall be required with each and every provision of this Development Agreement. The parties agree that failure to perform the obligations established in this Development Agreement shall result in irreparable damage, and that specific performance of these obligations may be obtained by suit in equity. 21. Attornevs' Fees. In connection with any arbitration or litigation arising out of this Development Agreement, the prevailing party shall be entitled to recover reasonable attorney's fees and costs through all appeals to the extent permitted by law. 22. Future RezoninQs/Development Permits. Nothing in this Development Agreement shall limit the City's authority to grant or deny any future rezoning or development permit applications or requests, or the right of Owner to apply for or oppose any future rezoning or development permit application subsequent to the Effective Date of this Development Agreement. In addition, nothing herein shall be construed as granting or creating a vested property right or interest in the Subject Property. 23. Force Maieure. 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 conditions ("Uncontrollable Event"), then notwithstanding any provision of this Agreement to the contrary, that failure shall not 9 FILE NUM 2002902560 OR BOOK 04450 PAGE 0337 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. 24. City's RiQht to Terminate AQreement. Failure by Owner to perform each and every one of its obligations hereunder shall constitute a default, entitling the City to pursue whatever remedies are available to it under Florida law or equity including, without limitation, an action for specific performance and/or injunctive relief or alternatively, the termination of this Agreement. Prior to the City filing any action or terminating this Agreement as a result of a default under this Agreement, the City shall first provide the Owner with written notice of said default. Upon receipt of said notice, the Owner shall be provided a thirty (30) day opportunity in which to cure the default to the reasonable satisfaction of the City prior to filing said action or terminating this Agreement. If thirty (30) days is not a reasonable period in which to cure the default, the cure period shall be extended to a reasonable cure period mutually acceptable to the City and the Owner, but in no case shall that cure period exceed one-hundred twenty (120) days. Upon termination of the Agreement, the Owner shall immediately lose all rights and privileges granted hereunder. IN WITNESS WHEREOF, the parties have executed this Development Agreement as of the date first written above. \" . By:( --L . '"-ANDREA L9 City Clerk By: PAUL P. PARTYKA Mayor ATTEST: ZO-LUACES 10 ~._.__"WITNE~ES: ". -------- "/ ~ L,... '?~ aha~ (?60~tU FILE NUM 2002902560' 0338 OR BOOK 04450 PAGE OWNER: By: Q! rnA~'lp-o.~!~ PH M. MIRANDA <5//9/D2- I Date: d? (4~ By: ")..e (2,c. ~~urC1-n.J c.. CzEUA M. MIRANDA D.d-/~;j 8? M/V)"f-/v Date: (;-.lcr-o ,z, ~ STATE OF FL IDA't COUNTY Of-: 1J1L/i'vLe. ThLegOing instrument was acknowledged before me this ~Ouy Joseph fVI. Mi~anda, [J who is personally kn n to , or L itS?> qq 3 6.3 elM) -- () as identifi ation. ,.' ,"6" Sylvia P Denson *if*MY Commission CC870502 '"'''' "../>" Expires November 6, 2003 tJ d8yL, o has produced 05 (SEAL) STATE OF FLOR COUNTY OF (', . (SEAL) "Wi\~.' '''~io Sylvia P Dens:on *: *My Commission CC870502 " . ."..n.... Expires November 6,2003 d8Y~' o has produced The oregoing instrument was acknowledged before me this ;002, t ~elia M. Miranda, [ ] w~o is personally known t ,-or"[-- 1-:[11 'b3 CJ?3 5~ 0f..C}-t> as ident" ation. &, OJ , 11 , . . EXHIBIT "A" Legal Description .-: :"~' FILE NUM 2002902560 OR BOO~ 04450 PAGE 0339 FILE NUM 2002902560 OR BOOK 04450 PAGE 0340 \ I \ \ - 20.... W.(Nl'~ Clr: ~:~llVCS '"-Vlt.t 2" .....,. ~ 'n ,\P "ci1E 'iR v.o 'i' ~ aLoe LEG~L DESCRI~TION PROPERTY FOR WINTER SPRINGS AUTOMOTIVE Beginning at the most Easterly comer of that part of Dlock "an of D. R. MITCHELL'S SURVEY OF THE LEVY GRANT, as recorded in Plat Book 1, Page 5, in the office of the Clerk of Circuit Court of Seminole County~ florida, lying South and West of the paved road leading froOl Sanford to Oviedo; thence along the Southwesterly side of the paved road North 38 degrees 45 minutes West 1586.00 feet to a concrete monument West 200.00 feet; thence South 51 degrees 15 minutes West 291.30 feet to the Southeasterly side of a dirt road; thence 5ClUlh 22 degrees 15 minutes East 208.80 feel; thence Nortb 51 degrees 15 minutes East 351.10 feet to the point of beginning. Less road right of way described in Order of Taking recorded in O. R. Book 2803, Page 1023. EXHIBIT "B" Signage/Facade FILE~NUM 2002902560 OR BOOK 04450 PAGE 0341 FILE NUM OR BOOK 20029025&0 04450 PAGE 0342 S.R. 434 Front r~acad r' · . e .I;--<aClng (PRELIMINARY) --..1 I( . . , ...1 /J'. I -( ) , I" /- I- .. J I 1-.- I .J. ~' \ \ \ \ \ \ \ I \ I , ! ,...J " I. \ . j "~.:.J'l il. 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