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Home My WebLink About2007 11 14 Regular 600 Bryce Foster Corporation Neighborhood Market at Tuscawilla Square on Winter Springs Boulevard City of Winter Springs Special Meeting November 13, 2007 111307_ COMM _Regular _600_ Outdoor_Market Page 1 of3 COMMISSION AGENDA ITEM 600 Consent Informational Public Hearing Regular X November 13,2007 Special Meeting MGR. VDEPT. Authorization REQUEST: City Manager requesting the City Commission to review the terms of the Development Agreement between the City and Bryce Foster Corporation providing for the operation of an outdoor neighborhood market on weekends and holidays at Tuscawilla Square on Winter Springs Boulevard. PURPOSE: This agenda item is needed for the Commission to review the outdoor neighborhood provisions of the above referenced agreement and to provide staff any direction it deems appropriate. CONSIDERATIONS: In November 2004, the City entered into a Development Agreement with Bryce Foster Corporation for the construction of Tuscawilla Square located at the intersection of Winter Springs Boulevard and Northern Way. The terms of the agreement was the result of months of input, review and negotiations. At the center of the negotiations was the permitted uses of the projects stipulated in the Settlement Agreement. The final Development Agreement eliminated 31 uses more intensive than those provided for in the Development Agreement resulting from THE Winter Springs Joint Venture vs. the City of Winter Springs Settlement Agreement that were determined to be incompatible with the residential character of the Tuscawilla PUD. Specifically, the Tuscawilla Square Development Agreement provides for the following: . 68 neighborhood-friendly commercial uses including outdoor neighborhood markets on weekends and holidays, as listed in Exhibit "C". · That the Commission shall have the right to impose reasonable conditions on any approvals granted under the agreement, · That the City Commission may at its discretion approve additional permitted uses requested by the developer, · That the developer shall design, permit and construct a "residential friendly" commercial property that creates a sense of place within the Tuscawilla PUD, and · That the developer acknowledges that aesthetic enhancements will be a paramount concern to the City and the residents of the Tuscawilla PUD; and as such the developer agrees to reasonably and adequately address those concerns during the design and construction of the project. The execution of the Development Agreement resulted in the construction of an exceptionally well-designed, neighborhood-friendly commercial center. In addition, the execution of the agreement resulted in the replacement of long-standing dysfunctional and unsightly street and drainage system that had generated a constant flow of citizen complaints. On March 2, 2007, a City special event permit was issued to Alec E. String, owner-developer of Tuscawilla Square, permitting an outdoor Farmers Market every Saturday from 8:00 AM to 12:00 Noon at Tuscawilla Square. The permit identified Alec String as the person designated as the authorized and responsible agent for the market and Angie Federici as the Event Coordinator. The duration of the permit was not specified. The permit was reviewed for consistency with the Development Agreement and included a list of seven (7) conditions under which the permit was approved, a list of vendors and a site plan identifying the area in which the market could be operated. The City Manager and some City Commissioners have received complaints from the public regarding the outdoor Saturday market. Some complainants are just philosophically opposed to the outdoor market and want it to go away. Some believe the types of offerings are inconsistent with a residential-friendly outdoor neighborhood market. Some are more concerned with what they consider to be the unsightly nature of it and desire activities to be limited to the interior parking lot. Due to the lack of clearly defined criteria, the meaning of "residential-friendly outdoor neighborhood market" is being interpreted in different ways by different people. In summary, the negotiations of the Development Agreement eliminated 31 undesired uses permitted in the Winter Springs Joint Venture vs. the City of Winter Springs Settlement Agreement in return for those approved in the Development Agreement. Under the Development Agreement, the developer is entitled to an outdoor residential-friendly neighborhood market. What criteria constitute "residential-friendly" is not defined leading to a lack of uniformity in the interpretation of the entitlement. The Commission clearly has the authority under the agreement to further define the Commission's intent relative to fulfilling a residential-friendly outdoor neighborhood market. In order to resolve this problem, if indeed the Commission believes there is a problem, the Commission needs to further stipulate what it considers to be an appropriate criteria for the operations of a residential- friendly outdoor neighborhood market that does not in its effect prohibit the developer from his entitlement to have an outdoor neighborhood market. FUNDING: N/A. RECOMMENDATION: The City Manager recommends the Commission take the following actions: First: Determine if a problem exists at a level requiring additional regulatory guidance. Second: If the Commission determines that additional regulatory guidance is needed, the Commission needs to identify criteria by which these additional measures can be operationalized without denying the developer his entitlement to an outdoor neighborhood market. A TT ACHMENTS: a. Development Agreement b. Special Events Permit COMMISSION ACTION: ~ THIS INSTRUMENT WAS PREPARED BY AND SHOULD BE RETURNED TO: Anthony Garganese City Attorney of Winter Springs Brown Garganese, Weiss & D' Agresta, P.A. 225 E. Robinson St., Suite 660 Orlando, FL 32801 (407) 425-9566 ......................1. MAIMM€ ~ Q.EIIt IF CllOllT t1UlT SElUMI.E aunv BK 85581 PGS eBb! -0875 CLERK'S . ~J007661 REtORIlED .t/l~12M5 19:56:M AlII EaJRDlMi FEES In.. IEtORDED BY D ThMu FOR RECORDING DEPARTMENT IJSE Oi\'LY BINDING DEVELOPMENT AGREEMENT THIS BINDING DEVELOPMENT AGREEMENT (the "Agreement") is made and executed this Ol~N,t day of VDJtmbll\ , 2004, 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 BRYCE FOSTER CORPORATION., a Florida Corporation ("Developer"), whose address is 215 Rollingwood Trail, Altamonte Springs, Florida 32714. WIT N E SSE T H: WHEREAS, Developer is the fee simple owner of certain real property currently located in the City of Winter Springs, Florida and within the Tuskawilla PUD and more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference (the "Property"); and WHEREAS, the parties acknowledge that the Property is currently subject to a Cour. Settlement Agreement which is recorded in Official Record Book 2277, Page 0464 m tIlt' Seminole County public records ("Settlement Agreement"); and WHEREAS, the City and Developer acknowledge that the Settlement Agreement was entered into before the Developer purchased the Property and that Developer has inherited the rights provided under the Settlement Agreement by virtue of purchasing the Property; and WHEREAS, in accordance with that Settlement Agreement, Developer is pennitted to develop certain enumerated commercial uses; and WHEREAS, notwithstanding the exhaustive list of permitted commercial uses contained in the Settlement Agreement, Developer acknowledges and agrees that some of the li8ted commercial uses are not in keeping with the residential character of the Tuskawilla PUD; and WHEREAS, Developer strongly desires to develop a "residential friendly" project on the Property that is keeping in the character of the residential character of the Tuskawilla PUD; and WHEREAS, in order to commit to this "residential friendly" Project, the Developer is willing to voluntarily and forever forego certain rights under the Settlement Agreement by reducing the list of permitted commercial uses and thereby protecting the residential character of the Tuskawilla POO; and WHEREAS, the City is willing to permit a "residential friendly" project on the Property under the special terms and conditions set forth herein including, but not limited to, Developer's commitment to forego certain rights under the Settlement Agreement and Developer's commitment to respect, safeguard and preserve the residential character of the Tuskawilla PUD; and WHEREAS, the City and Developer desire to set forth the following special terms and conditions with respect to the development and redevelopment of the Property; and NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties mutually agree as follows: 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. Obli2ations and Commitments. In consideration of the City and Developer entering into this Agreement, and as an inducement for Developer to voluntarily and forego certain rights under the Settlement Agreement, the City and Developer hereby agree as follows: (a) Approval of Concept Plan. Developer shall design, permit and construct a "residential friendly" commercial development on the Property that creates a sense of place within the Tuscawilla PUD. The "residential friendly" commercial development shall be called the "Tuscawilla Town Square" or some other name mutually acceptable to the Developer and the City. Developer acknowledges that aesthetic enhancements will be a paramount concern to the City and the residents of the Tuscawilla PUD; and as such, Developer agrees to reasonably and adequately address these concerns during the design and construction of the Project. The City hereby acknowledges and agrees that the concept plan, which is attached hereto and fully incorporated herein as Exhibit "B", is acceptable ("Concept Plan"); provided, however, Developer shall have the obligation to further submit and obtain the City's approval of a final site plan and final engineering plans. Developer shall also have the obligation to construct aesthetic enhancements to the Project as depicted in the Concept Plan and as may be reasonably requested by the City in accordance with the City Code, particularly the City's aesthetic review ordinance. Developer acknowledges and agrees that the Concept Plan was not prepared with specific surveyed dimensions and that during the final site plan and final engineering process such dimensions shall be surveyed, duly engineered, and provided to the City. Further, the elevations and roof lines depicted in the Concept Plan for the commercial buildings will Developer's Agreement City of Winter Springs and Bryce Foster Corporation. - 2 - have to be adjusted to the City's satisfaction in order to satisfy the requirements lmder the City's aesthetic review ordinance. As such, Developer and the City agree that the Concept Plan is intended to be conceptual in nature and subject to reasonable adjustments at the final site plan and final engineering phase in order to bring the Project into compliance with the City Code and the needs of the Tuscawilla PUD. (b) Utilities. The City hereby acknowledges and agrees that it currently has sufficient water and sewer treatment plant capacity available to service the Property and shall provide such services to the Project as depicted in the Concept Plan. Developer acknowledges and agrees that offsite improvements may be necessary, at Developer's cost, to provide water and sewer service to the Property including, but not limited to, force main, lift station and pump upgrades. Further, all water and sewer improvements required on-site to service the Property shall be at Developer's expense. (c) Gary Hillary Drive. In order to facilitate the safe, efficient and orderly flow of traffic to and from the Project and to create a sense of place, the City desires that Gary Hillary Drive be redesigned and reconstructed in accordance with the streetscape plan which is attached hereto and fully incorporated herein as Exhibit "c." ("Streetscape Plan). Developer agrees to design and reconstruct Gary Hillary Drive in accordance with the Streetscape Plan; provided, however, the City shall reimburse Developer for the reasonable costs thereof. However, the Developer's obligation to reconstruct Gary Hillary Drive is subject to the funding condition provided in the last paragraph of this subsection (c). For purposes of this Agreement, (i) the design costs shall include the costs and expenses of land surveying, civil engineering, landscape architecture, irrigation design. electrical engineering and lighting design, and (ii) the construction costs shall include the costs and expenses for clearing, grubbing and earth excavation, and for the constructioll of all storm drainage facilities, Progress Energy approved decorative street lights, landscaping, hardscape, irrigation, sidewalks, curbs, pavement, striping, signage and any required additional offsite improvements directly related to the reconstruction of Gary Hillary Drive (all of the foregoing costs and expenses are hereinafter collectively referred to as the "Roadway Expenses"). To the extent any of the Roadway Expenses also benefit other aspects of the Project not related to Gary Hillary Drive (e.g., stormwater improvements for the buildings and common areas), the City shall only be responsible for reimbursing the proportionate share of the particular expense related to Gary Hillary Drive. The City shall reimburse Developer in the amount of the Roadway Expenses within ninety (90) days after the reconstruction of Gary Hillary Drive has been completed and accepted by the City. Developer agrees that all Roadway Expenses shall be subject to an informal competitive bid process under which Developer shall obtain three (3) written quotes or bids. Each bid shall be submitted to the City for review and approval prior to Developer entering into any contract for the design, permitting and reconstruction of Gary Hillary Road. Developer further agrees that at the time reimbursement for any Roadway Expense is requested, Developer shall provide the City with a copy of all applicable invoices, receipts, warranties, maintenance bonds, and documentation, including all change orders, which shall clearly evidence each reimbursable Roadway Expense. The City shall not be responsible for reimbursing any Roadway Expense which can not be Developer's Agreement City of Winter Springs and Bryce Foster Corporation. . 3 - properly and reasonably documented in writing. The City shall not llnreasonilhly withhold any approvals required under this paragraph. Although it is initially contemplated by the parties that the reconstruction of Gary Hillary Drive will occur within the existing city right-of-way, Developer agrees to convey to the City any additional land that may be necessary to reconstruct Gary Hillary Drive in accordance with the Streetscape Plan. All such land conveyances shall be by warranty deed and free and clear of all encumbrances. Conveyance of roadway and streetscape improvements shall be by bill of sale and free and clear of all liens. The warranty deed and bill of sale shall be in a form acceptable to the City Attorney. The City and Developer acknowledge and agree that the reconstruction of Gary Hillary Drive will likely coincide with a hazardous waste remediation project that will be performed by Seminole County. The hazardous waste project is the result of a gasoline spill at the 7-11 convenience store several years ago. The gasoline spill affected the area surrounding the 7-11 store, including Gary Hillary Drive. The parties shall continue cooperation with each other and Seminole County to facilitate the implementation of the hazardous waste remediation project. In the event the City is not in a position to approve the funding of Gary Hillary Drive within thirty (30) days from the effective date of this Agreement, the Developer may proceed with the project as outlined in this Development Agreement and Developer shall still have the use of Gary Hillary Drive for parallel parking and said parking shall be applicable to the parking required for Tuskawilla Town Square. In said event, Developer shall fund the cost necessary to create said parking and only design the improvements to Gary Hillary Drive as provided herein. If at a later date the City approves the improvements and funding for the construction of Gary Hillary Drive, Developer agrees that it shall undertake the construction of Gary Hillary Drive as provided herein so long as construction of Tuscawilla Town Square is still ongoing. (d) Construction of Stormwater Improvements. Developer shall design the Project to accommodate the stormwater requirements for the Property, including the roadway improvements to Gary Hillary Drive. The City shall pennit Developer to use existing City property located at the comer of Gary Hillary Drive and Winter Springs Boulevard to accommodate stormwater generated from Gary Hillary Drive and the Property, provided said use is deemed acceptable and feasible by the City. Developer shall provide any additional property that is necessary to accommodate stormwater generated from the Property. (e) Permitted Commercial Uses, In consideration of the significant and substantial development rights received by the Developer from the City under this Agreement, Developer hereby agrees to voluntarily and forever forego the right to use the Property for any of the commercial uses listed on Exhibit B of the Settlement Agreement. However, at such time this Agreement is recorded in the public records of Seminole County, Florida, Developer shall be permitted to use the Property for any of the neighborhood friendly commercial uses specifically listed on Exhibit "C" which is attached hereto and fully incorporated herein by this reference. It is the intent and Developer's Agreement City of Winter Springs and Bryce Foster Corporation. - 4 - purpose of this paragraph to fully replace Exhibit "B" of the Settlement Agreement with Exhibit "C" of this Agreement. (f) Winter Sprin2s Boulevard In2ress and E2ress. The Developer acknowledges and agrees that during the site plan and final engineering phase of the Project, the City may require that the ingress and egress to the Property from Winter Springs Boulevard to be one way in or out. The minimum driveway width for ingress and egress shall be twenty-two (22) feet. (g) Property: Buildin2 Setbacks. The following Building Setbacks shall apply to the (l) Front (Winter Springs Boulevard) - lO Feet (2) Rear (Gary Hillary Drive) - 5 Feet (3) Side (Northern Way) - 20 Feet (h) Development Permit Fees. Developer agrees to pay all ordinary and customary development permit fees imposed by the City including, but not limited to, application, building, and impact fees. Within thirty (30) days of the effective date of this Agreement, the Developer and City agree to meet to calculate an estimated schedule of fees based on Developer's proposed Project at the time of the meeting. (i) Tree Replacement. Developer shall comply with the City's Arbor Ordinance set forth in Chapter 5 of the City Code. The Developer acknowledges and agrees that to the extent that the City's arborist detemlines that the Property can not adequately sustain the number of replacement trees that are required on the Property under the City Code, Developer shall provide the trees to the City and the City will plant the trees off-site at its discretion. In accordance with Section 5-8 of the Winter Springs Code, the City Commission agrees that no more than three (3) Specimen Trees may be removed from the Property due to Developer's representation that such trees must be removed in order to complete the Project. An inch for inch tree replacement shall be required for the removal of said Specimen Trees. The Specimen Trees may be removed at such time the City issues the appropriate permit, but not prior to such time that the termination rights set forth in paragraph 20 have expired. (j) length. On-Site Parking. On-site parking shall be a minImUm of 18 feet In (k) Northern Way Buffer. Developer agrees, at its cost, to design, pemlit and construct a masonry block decorative wall around the garbage dumpsters. Further Developer agrees, at its cost, to design, permit, and construct a four (4) foot decorative brick wall along the parking area abutting Northern Way. 4. Representations of the Parties. The City and Developer hereby each represent and warrant to the other that it has the power and authority to execute, deliver and perform the terms and provisions of this Agreement and has taken all necessary action to authorize the Developer's Agreement City of Winter Springs and Bryce Foster Corporation. - 5 - execution, delivery and perfomlance of this Agreement This AEr~emeTlt will, when duly executed and delivered by the City and Developer and recorded in the Public Records of Seminole County, Florida, constitute a legal, valid and binding obligation enforceable against the parties hereto and the Property in accordance with the tenns and conditions of this Agreement. 5. Successors and Assh?ns. This Agreement shall automatically be binding upon and shall inure to the benefit of the City and Developer and their respective successors and assigns. The terms and conditions of this Agreement similarly shall be binding upon the Property and shall run with title to the same. 6. Applicable Law. This Agreement shall be governed by and construed 111 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 Developer 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. 1]. 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 Developer is an independent contractor and not an agent of the City. Nothing herein shall be deemed to create a joint venture or principal-agent relationship between the parties, and neither party is authorized to, nor shall either party act toward third persons or the public in any manner, which would indicate any such relationship with the other. 13. Sovereign Immunity. 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 the state and federal law. ]4. City's Police Power. Developer agrees and acknowledges that the City hereby reserves all police powers granted to the City by law. In no way shall this Agreement be construed as the City bargaining away or surrendering its police powers. 15. Interpretation. The parties hereby agree and acknowledge that they have both participated equally in the drafting of this Agreement and no party sha1l be favored or disfavored regarding the interpretation to this Agreement in the event of a dispute between the parties. Developer's Agreement City of Winter Springs and Bryce Foster CorporatIOn. - 6 - 16. Third-Partv Ril!hts. 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. 17. Specific Performance. Strict compliance shall be required with each and every provision of this Agreement. The parties agree that failure to perfom1 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. 18. 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. 19. 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, tem1 or restriction shall not relieve Developer or the City of the necessity of complying with the law governing said permitting requirement, condition, term (lr restriction. Without imposing any limitation on the City's police powers, the City reserves the right to withhold, suspend, or terminate any and all certificates of occupancy for any building or unit if Developer is in breach of any ternl and condition of this Agreement. 20. Termination. The parties acknowledge and agree that Developer's obligations to complete the Project are subject to and contingent upon the City's approval and issuance of all permits required and necessary for Developer to construct Tuscawilla Town Square including any off site improvements. Further, the Agreement is subject to the mutual agreement of the Parties on the cost schedules and allocation of costs contemplated in paragraphs 3(b), 3(c) and 3( d). If the Project (including off site improvements) and the cost schedules and allocation of costs as referenced above are not acceptable to either party, then either party may terminate this Agreement and the Settlement Agreement shall remain in full force and effect and govern the Development of the Property. Further, Developer shall lose any and all rights under this Agreement. Upon issuance of all City approvals and permits required to commence development of the Project, and the parties agreeing to the allocation of costs, the tennination rights under this paragraph shall expire. [SIGNATURES FOLLOW ON NEXT PAGE] Developer's Agreement City of Winter Springs and Bryce Foster Corporation. - 7 - IN WITNESS WHEREOF, the parties have hereunto set their hands and seal on the date first above written. CITY OF WINTER SPRINGS '7~ . Bush, Mayor enzo Luaces, City Clerk APPROVED AS TO FORM AND LEGALITY For the use and reliance of the City of Winter Springs, Florida, only. CITY SEAL Dated: By: Anthony Garganese, City Attorney for the City of Winter Springs, Florida Developer's Agreement City of Winter Springs and Bryce Foster Corporation, - 8 - Signed, sealed and delivered in the presence of the following witnesses: BRYCE FOSTER CORPORATION, a Florida Corporation --\ By: A: ec String Its President Signature of Witness ;;.. I IV' D 1"l Printed Name of Wltness ?YJl'8 0;:;;/,,'1 k- Signature of Witness {VL1/h.l .PI/'Ii u :.. Printed Name of Witness STATEOFFL~ COUNTY OF ~ . "'~" The foregoing instrument was acknowledged before me this ~{.t.- day of ~.....t;.t\ , 2004, by Alec String, as President of BRYCE FOSTER CORPORATION, a Florida Corporation, on behalf of said corporation. He is ~rsonally knowJDto me or produced as identification. C-~ (NOTARY SEAL) ~ L',~.. ~~J..Q.~_ej-- otary Public Signalur~ . . l....E:sL1 ~ c... t'::r Ct N c.h (P~i.nt Name) Notary Public, State of Commission No.: My Commission Expires 900~'9~ A 1nr I'lI'lOO AI'l SZI:Vt ~ao > t ~ ') ..,.0 'lOtMl'l~iln<;:n ~Iid All t 1\I3S ~1:!\I.l.ON ivY-lI:l22._, Developer's Agreement City of Winter Springs and Bryce Foster Corporation. - 9 - LEGAL DESCRIPTION FOR TUSCAWILLA SQUARE (North East Corner of Winter Springs Blvd & Northern Way) as prepared by "Southeastern Surveying & Mapping Corp." LEGAL DESCRIPTION: From the centerline of intersection of Winter Springs Boulevard and Northern Way, as shown in Plat of WINTER SPRINGS UNIT FOUR as recorded in Plat Book 18, Pages 6, 7 and 8, Public Records of Seminole County, Florida; run North 86 degrees 23 minutes 05 seconds East along the centerline of Winter Springs Boulevard 282.85 feet; thence North 03 degrees 36 minutes 55 seconds West 60.00 feet to the POINT OF BEGINNING on the North right-of-way line of Winter Springs Boulevard (120 foot RIW); thence run South 86 degrees 23 minutes 05 seconds West along said North right-of-way line 217.85 feet to the point of curvature of a curve concave Northeasterly, and having a radius of 25.00 feet; thence run Northwesterly along the arc of said curve 39.27 feet through a central angle of 90 degrees 00 minutes 00 seconds to the point of tangency on the East right-of-way line of Northern Way (80 foot RfW); thence run North 03 degrees 36 minutes 55 seconds West, along said East right-of-way line 90.78 feet to the point of curvature of a curve concave Easterly and having a radius of 1893.55 feet; thence run Northerly along the arc of said curve 84.25 feet through a central angle of 02 degrees 32 minutes 57 seconds to a point; thence leaving said East right-of-way line, run North 86 degrees 23 minutes 05 seconds East 270.83 feet to the point of curvature of a curve concave Southwesterly, and having a radius of 27.83 feet; thence run Southeasterly along the arc of said curve 40.44 feet through a central angle of 83 degrees 14 minutes 41 seconds to the point of tangency; thence run South 10 degrees 22 . minutes 14 seconds East, 173.85 feet to a point on the aforesaid North right-of-way line of Winter Springs Boulevard, said point being on a curve concave Northerly, and having a radius of 1085.92 feet; thence from a tangent bearing of South 82 degrees 16 minutes 07 seconds West, run Westerly along the arc of said curve and along said Northerly right- of-way line 78.01 feet through a central angle of 04 degrees 06 minutes 58 seconds to the POINT OF BEGINNING. Exhibit "A" Tu~~a"!V!~I...SUll.3re Concept Plan Summary Location: ]301 Winter Springs Blvd WinterSprh1gs, FI. 32708 Land Silk: 1.4112 Acres Current Use: Tuscany's Restaurant Proposed Use: Expansion of Tuscany's Restaurant and additional retail space DesigfiFeatures: Key West ittspiredDesign in a residential scale, Front Porches, Metal Roofs, Brick drives, Fountain, Gardens, Benches, and Bike Racks, lltlprOV~lt1efitsto Add sidewalks, address stann water Gary IDUary Drive: Drainage, Lighting, Landscaping and Remediation of groundwater contamination Arcbitect: Startner Ranaldi Landscape Architect: Dobson's Owner: Bryce Foster Corporation EXHIBIT I (({3)) -C-- ::l LJ~"\; -lX"'" \ \~ :~r----1'~ ::\ '. ". '.. ret_e~ntion ! it..- .- \\ )J \" \0\tk-1 (( ~, :~\\\~ >-- ) I I I J /. I I I-~ , I i : ; / ( L_....___.___.__..__.f : """''- I "'" /) ..",' ._....,:,.L .:"// "--:"--~ '-- .:.:~Y ~:f3~:' -"":'0..'" ...<:",,"'.' 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I'LOMIA "':-:-i.~~'" .' --- - -----. --- ~ f'wM)' J. _._ : !1 EXHIBIT "C" NEIGHBORHOOD FRIENDLY PERMITTED COMMERCIAL USES The following Neighborhood Friendly commercial uses shall be permitted on the Property: A. Permitted Uses: Administrative public buildings Advertising agencies Alcoholic beverage sales (wine & beer and specialty package) Alcoholic beverage, on-premises consumption, in conjunction with restaurant Alterations and tailoring, shops and services Antique and gift shops Appliances, sales and service Artists' studios Automotive accessories sales Bakery, retail Bicycles, sales and services Bookstores, stationary, newsstands Butcher shop, retail only Camera shops, photographic stores and developers Cleaners, clothing Coin dealers; Computers, hardware and software sales and services Confcctionary and ice cream store Dance and music studio Day nurseries, kindergartens, and day care Drug and sundry stores Employment agencies Exercise such as gym, spa and karate Financial institutions, banks, savings and loans (no drive-through) Flooring, retail only (carpet, tile, wood, etc.) Florist Furniture, retail Grocers and delicatessens, specialty and retail Hairstylist and barber shops Hardware stores Health food products and services Hobby and craft shops Home Improvement shops, retail and consultation services Insurance agency Interior Decorating and draperies Jewelry store Kitchen and other cabinet stores, retail Libraries Loan companies, excluding pawnshops and title loan companies Locksmith Luggage and travel shop Medical clinics and ancillary small laboratories Musical instruments and recordings, sales and services Nursery products and supplies, plants, and trees (retail only) Outdoor advertising and signs, sales office Outdoor neighborhood markets on weekends and holidays Optical services and sales Party supplies and services Paint store Pet shops and grooming Photography studios Physical fitness and health clubs Post office Printers, quick print services only Professional services offices, such as accountants, architects, attorneys, bookkeepers, dentists, doctors, engineers, insurance and other agents, and surveyors. Radio, TV, Stereo, and Video Rental shops Restaurants, including indoor and outdoor dining Retail sales of a residential character Schools, public, private and parochial, vocational (such as cosmetology, medical and dental assistant training) requiring no mechanical equipment Shoe repair shops Sporting goods, retail Swimming pool sales and services Telephone Business offices and exchanges Tobacco shops Toy stores Travel agencies Wearing apparel stores B. Other Uses: Upon formal written petition by the Developer, the Developer may petition the City Commission for additional permitted uses. The City Commission may consider the Developer's petition, on a case-by-case basis, and approve, at its discretion, additional neighborhood commercial uses that are keeping with the residential character of the Tuskawilla PUD. The City Commission shall have the right to impose reasonable conditions on any approvals granted under this Agreement. " A )e<- CITY OF WINTIIlSPRINGS 407- ,Z 47-- 7 /5" / APPUCATION FOR SPECIAL EVENT PERMIT --r 0( 007 (jo3~~ 'ENT INFORMATION: Date of Application: 1. \ 1.0 I temate Datc(s) of Event: f\...) J a. Open To Public: From:' 8:00 PiV\ To: l..1..:OO ~ To: . ~:10 ff'V' Name of EVQJt: Date( s) of Event: Hours of Event; Set Up: From: Tear Down &. Clean Up: From: Type of Special Eve tRequested: (i.e. parade, running eve t, carnival, weddillg, ba sh cr, birth~ay party, etc.) Location of Event: Event Course: {for nnning event: Proposed TimesILocations for: Assembly ~I~ (time) , (IOCatiOll) Disband tv (time (location) If more than one event, list hours of event below Hlr--. #l-1)rpe of Event: Course: #2-lyPe of Event: Course: Start Time: Start Tune: End Time: End Time: Will this e~ open to the General Public? YES NO COMMENTS: Request Facility be closed fo~ar Public Use? ~ NO. COMMENTS: ~eets Requesting Closed? RECEIVED r:~R 1 3 2007 CITY OF WINTER SPRINGS PMmiHir"lg .0 li~gAeiAg ~ APPLICANT INFORMATION: ~. Event Coordinator/Applicant: \ Name of Organization: . - ___N"~'''~~- S ~: - _ NO ~ ~ Organi2:atlon's Address: -r-t~, A \t Authorized and Responsible heads of organization: \,~ . ' Pb_" 3A\-~~~- 5(,72 F\ . Zip Code: '3'11'4: ( worle) (home) (TELEPHONE) (NAME) (TITLE) (fELEPHONB) (ADDRESS) Any other Person(a) Responsible for Conducting Event: i . )lAMB) (ADDRESS) (work) (home) ('rnLEPHONE) (TELEPHONE) 3EY 1.7 C?I A-l City of Winter Springs NISCEiJJ1NEQUS CASH RECEIPTS M 1 :~;c SPECEVENIfOlJllSl AI-ull Revised 12196 D.:ite / TimE' 03/02/07 ,. ~_ 2 '-'.~ F.3/men:: RE'ce.ipt ~ '$25::00 '1. ":':ctll1....i'l 1.t. .l._,~~ ~ Ched~.:/C 0.?::1.1. 1: C.:; rd H. ');;r.:1. LU'JU r:-i prk dd~vis Individual to Contact: ADDITIONAL EVENf INFORMA110N mET AILS); FEES: Admission, Entrance or Registration fees to be collected: (give dollar amounts) $ How will profits be used? (describe) - 0- VENDORS: ATfAClI LIST OF ALL VENDORS (ALL VENDORS MUST HAVE UCENSE DISPLAYED) VENDORS OF FOOD AND BEVERAGES MUST HA VB HEALm DEPARTMENT APPROVAL. NUMBER OF LIVE ANIMALS: Who WiU Clean Up? - 0- Type of Animals: ~ ~ ELECTRIC NEEDED: YES Who and How will Electric be Provided? 'MUSIC AND AMPLlFl ATIONS: Will Music Be Provided? Hours of Play: 0- Number of Loudspeakers. Bands or Other Music: Locations of Loudspeaken, 'Bands or Other Music: YES X NO TENT OR OTIIER STRUCTURES; Type oCTentlStnlcture (Flame Spread Certilicate Required) l{!lw will teo.tlstrocture be secured? bmit Drawing(s) Of Locations ~ YES NO "5~'" - 5N:.v\_ T~k..J ~tnJ\A.-c-l bi \~rll12~ SET-UP/CLEAN-UP: Who wm Set Up: Who Will Oean-Up: ~ ___ A~ ~~r- ~}-A, Cor~ . FOOD &. BEVERAGE: Will Food &. Beverages Be Served During Event? Cooked On Site? .')< YES Catered? YES '>' NO , Who wiD ~......Iy r...""'~ "~ll~ Who will dISpense? V Will Food or Refmhments be: Sold? Who will be receiving funds obtained from sale of fuod and/or beverages? Will Alcoholic Beverages be sold? YES ~ NO Will Alcoholic Beverages be given away free? ~6 Type of Alcoholic Beverages to be served: t--J.I ().. HOUN served: f'J ) ~ How will profits from sale 'of alcoholic beverages to be used? (If Alcohol is served - City Police Required - See Attached Schedule) ')(. NO YES NO Given Away Free ~s. t0/p,. . usrNAMESOFAIL'OOD~~E~ ~ ~ I . NameofVendot(s) \1 m (\. -~ Licensed by City? S ,/ NO LiCt'mC No. ~ ~ () ~ 31 C\ I ~~5~ .",......, NO .. License No. . y ~ -~ ofVmdOJ(s) .caued by City? A-2 SPECEVENlComulA-2Lllls Reviled 12196 x<\ eml ~ b t}Q6 L\ ~~ -tP \-l1lL,d-S Id-L,ti Lht> - " ..AMUSEMENTiC YES /pc of Rides: Is Diagram of Layout attacH d? (Stale InSllection Certific:Jtion Reouired) \ Name of Company 10 Provide " IW HCalth Dep YES t Approved FoodIBeverage Preparation and Distribution? NO YES NO PRIZES : Are Prizes To Be Given? Wnat Types of Prizes7 How will Prizes be dirtribuled? ~NO YES ~~ A.. TRAFFIC &, SECURITY CONTROL: Will private security be provided for equipment? Name ofPrivale Security Co. ~~ Will the following be needed? TRAFFIC CONTROL Will the following be needed? CROWD CONTROL How InIIllY needed: Barricades Trash Cans If obtained from City, who will pick up and relWi1? IS CERTIFICATE OF INSURANCE ATIACHED'? Name ofInsurance Carrier YES ~NO _YES ~NO YES ~NO - - Tables Cones Portable Stage t-1J A- YES Chairs -L.. NO Policy No. it i. troo and havo read the general instruction. for this application and agree to (we) understand that Icnowingly providing false information on the application shall .)k~ h7 ~C:j~ I y4 P~N~ESW ~,~L =~ BUILDING OFF! ESIGNEE S1?t:i ~'-lJ/r /).., #ijo'7. ,,- /.? ~ 'J 0,-:: f/-f'? j).() ,; IJ-t- rDl!.. ~.p 177' 'V..s t?!t::!_ APPROVED DISAPPROVED A-3 DATE SP1!CEVEN/fOrm5/A-3a.xls Rmsed 12/96 .,j Charges for Electrical Power: Park F acillties CITY OF WINTER SPRINGS, FLORIDA PERSONNEL AND FACILITY FEES ^ I ^ PARKSANDRECREATIONDEPARTMENT I \.. \"\ @ $100.00 per day NUMBER OF DAYS @ TOTAL ~ Conditions of Approval By Permit Page: 1 of 1 Run Date: Friday March 2, 2007 11 :52 am Permit: SPEV T200700388 The following Conditions of Approval are required to complete the permit: Condition of App.-onll Entered By Completed By BUILDING OFFICIAL REVIEW 02-MAR-07 PER DAVID ALAMINA BUILDING OFFICIAL FOR THE CITY OF WINTER SPRINGS KTRENCH 02-MAR-07 KTRENCH EXHIBIT "A" CONDITION OF APPROVAL 1. NO INFLATABLE PLAY APARATUS ALLOWED ON PREMISES. 2. ANY TENTS SHALL HAVE FIRE RETARDENT CERTIFICATION. 3. USE OF LP GAS SHALL COMPLY WITH FLORIDA GAS CODE 2004. SHALL BE KEPT TEN FEET AWAY FROM ANY SOURCE OF IGNITION. 4. SHALL STAY OUT OF CITY RIGHT OF WAY. 5. REQUIRES BANNER PERMIT. 6. ANY USE OF ELECTRICAL THAT APPLICANT SHALL COMPLY WITH THE NATIONAL ELECTRICAL CODE 2005 EDITION. USE OF EXTENSION CORDS MUST BE PLUGGED INTO GROUND FAULT CIRCUIT INTERUPT CIRCUITS. CANNOT CROSS PARKING LOT OR SIDEWALK WITHOUT ADEQUETE PROTECTION, 2 X 4'S PLACED ON BOTH SIDES OF EXTENSION CORD. 7. TOILET FACILITIES SHALL BE PROVIDED FOR PUBLIC USE AND SHALL BE OPENLY AVAILABLE AND ACCESSIBLE (HANDICAP). SIGNAGE MUST BE POSTED DIRECTING PUBLIC TO TOILET FACILITIES. ~' 3-:;f--6'l REVISION: 1. 5 ~ivaCl~SBic P~p0rt iJpr1 List of Vendors for Saturday Morning Market at Tuscawilla Square ~ Winter Park Honey Jean the bee keeper 407-363-9061 l \ Cathy's Cajun Cuisines Cathy Boullosa 407-365-7785 cajuncuisines@aol.com \6 Eagle Pass Nursery LuAnne Hemann 407-493-4452 markhamwoocls@earthlink.net .;;:l Fruit and Vegatable I L.\ Bone Appetit Rhonda Carmichael 407-339-2663 3 Drinks and Snacks .) ~ Klassic Dogs John and Fay 352-628-2244 or 772-475-4341 \ (p Hydroponic Vegatables Laura 407349..()111 ) d- Fig Works Concession Fruit Smoothies Dan Hardy \ Kettle Korn and Lemon-ade Dena Bryan \ 6 Florida Nut House Kevin and Jen Brown 407-408-1166 or 407-497-3945 \ 0Wild Tree (Herbs) Brenda Brown 407-808-5245 L, Aroma Therapy Michelle my Belle Gifts 407-574-4083 5 Native Herb Tea Dale Joy 352-483-4372 , '. "'., 0\) C,..i)_()-,,~'..J <J r .'. 't":" " "",: ,. ... [\ (} ~ ~.} \10.::,;,;'" .1...:;<",,' S\ }DljO.t,OJ I O. n,.!", .""l i A; j1-~'J !,:-I).);-.~~,.,k) yJ) , , Contacts Pickles Don and Dottie 407-792-9849 Candles Dlynn Roll 321-262-1880 Wall Rosaries Kelly Bowers Wedding Planning Dianne DiRi Jewerly Cheryl Lorenz Home 407-695-2280 cell 407-466-6894 Message Oh Nuts -. ,;iO~"". .. / I'-:'.~ ~-Rt"WAY-- . .-,- -----:--f'lDRTAE~~-~~=-""~ _os: 'jif'"'~-rt.~..2"1'l.~:e::.:ii~~~' ---. I ..:..f~";;':'r!-;l-._" . I ~ '\ . :. . ~ . ,', '=' n ,;," ~- ! d ..... .- .-- lit ---- 1-. , I . , .... '" e ~.~ z -I rT\ :;0' ~ l.___ - .1 ~Ul S-O ~~!Q !;,~Z -...~O -::t:{/) ~:::. ;;; - . "'~CD 1<0 L'C: r rT\ < ):>- :;0 o . . --..--- --- vUOG..../ .~ ~ J ~ ~ )Ii .. ~ ! ! " ~'2:=- ~-;.. ...r~ ._~'C' -if' it..: ..~. -::;~ , . .. .. :0; :"" .. ~ .. ... ~. ~ it:; ~~ :=6 "... !~ ~ ~ 'l .. , ~H~)i ~ ~lIrffi! ! ! 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