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Home My WebLink About2003 05 12 Regular B Amendment to the Existing Development Agreement for Tuskawilla Office Park COMMISSION AGENDA ITEM B Consent Informational Public Hearing Regular X May 12. 2003 Meeting (2-- ~ Mgr. 1 Dept. . Authorization REQUEST: The Community Development Department requests the City Commission remove from the table and consider a request by Tuskawilla Office Park, LLC, for an amendment to the existing development agreement to accommodate the entrance features and associated signage for the Tuskawilla Office Park. PURPOSE: The purpose of this item is for the City Commission, in its capacity as the Development Review Committee (DRC) to consider a request of the Tuskawilla Office Park LLC for entrance features with signs for the Tuskawilla Office Park, pursuant to the conceptual approval provided by the City Commission on October 14, 2002 (Regular Item "G"). The October 14, 2002, request was for the City Commission, as the DRC, to review and determine what was aesthetically appropriate, consistent with, and in harmony with the Town Center, before the applicant proceeded with either a special exception or an addendum to the existing development agreement. An amendment to the development agreement appears to be the most efficient way to allow the entrance feature and signage, pursuant to the Town Center Code. APPLICABLE LAW AND PUBLIC POLICY: Chapter 166, Florida Statutes (authorizes development agreements) \ Su6section 16-86 (b). Identification Signs. Subsections 20-321 (c) and (d). Special exceptions & Site development agreement options. April 28, 2003 REGULAR AGENDA ITEM H Page 2 Subsection 20-327 (f) (1). Architectural Guidelines. CONSIDERATIONS: The Town Center Code allows free-standing monument signs by special exception along the SR 434 frontage. The entrance signs advertising Publix at the JDC Calhoun portion of the Town Center (including the sign adjacent to Tuskawilla Road) were approved by a special exception, although Subsection 20 - 321 (d) of the Code allows for a specialized or negotiated concept design to be addressed through a development agreement. Since there is an existing development agreement in effect, this signage may most efficiently be addressed through an addendum to the existing development agreement. FINDINGS: 1. The entrance feature with signage constitutes a free-standing monument sign and is not permitted in the Town Center by Section 20-237 of the City Code. 2. The proposed entrance sign for the Tuskawilla Office Park was approved conceptually at the October 14, 2002, City Commission meeting. 3. The Town Center Code allows for variation for this type of circumstance through either a special exception or a development agreement. Neither a special exception nor a development agreement addendum was approved to authorize the proposed signage at the October 14, 2002, City Commission meeting. STAFF RECOMMENDATION: Given the City Commission's conceptual approval of the proposed signage, staff recommends the City Commission approve the proposed addendum to the existing Tuskawilla Office Park development agreement. ATTACHMENTS: A. B. e. D. E F. Sketches of the concept proposal approved on October 14, 2002 Location map October 14, 2002, minutes October 14,2002, agenda item (Regular G) Existing development agreement Proposed development agreement addendum COMMISSION ACTION: .-- ! < ~ 'Z ~ .~ == u < ~ .~ < -=.L ~- . o' -..I In .~ SIDE ELEVATIONS ~), FRONT ELEVATION J ~ : ,.":.\.,..+- " ~..., " ~'?' .' / ~\>-i- N EA SCALE: SIGHT OIST ANCf.: . PLANTINGS SIGNlC'NEE.O~O TREE OTH[R slci-n . r< OTHER BETY/rEN TH[liNE OBSTRUCTIONS TUSKA'MLLA ROllNE AND . AD, .r ~ " o .- /' "v~ ,/ (0- '.) , \:>-. C) / : <Oo"v, / c)' t; / : , . I ATTACHMENT B ~ 6" HIGH CURB 1" _ 30' . . o 30 60 ~i i,il . . . N 540 1 6' 32 .. W <) . . ~ / " 44,31' ~~~., . ". Sf>. . " N750 28'5(>" W ,-:/ ,---. 27.98 ' .' . .- ' --- ....-:... . .........--.. S7/o30'38"W 48.6 ' }"W^ ./ I I I " I it:: 1 a ~ o 0:: "t -..J -..J ~. '-.. I ----; / '-,- / -_..,_;-"--7 I ~-.- / .~ -~i .. . __ . _ -...... . i . '~ --;:~~in' . ~ I . ,'r'-' ::::-- I If ___-C::-;:_.. / '\. "7 ,0 5236 SF 4./. Cl)a CI) J";:: 4.J V'J U <..> c::i ~0::"'11 __ n,.~' ">8" ,,~ . /. -.... .;:i;;j f'v1' .:J ~'. U ~ .....- ~~t. / "" :},~ ... ., .' . ATTACHMENT C CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 14, 2002 . PAGE 17 OF 24 With further brief discussion on whether an Appointment could be made by another Member of the City Commission after a certain period of time, Mayor Partyka suggested, "City Attorney, could you do that, just double check it." Mayor Partyka called a Break at 9: lOp. m. The Meeting reconvened at 9:25 p.m. Attorney Garganese and Commissioner Martinez briefly addressed the Appointment process. Deputy Mayor Gennell added, "It is not uncommon 'here if any Commissioner is having a hard time locating somebody, if he . invites other Commissioners who may have somebody, to recommend to the City Clerk for them - and I think that is appropriate anytime. " REGULAR G. Community Development Department Presents A Request By Tuskawilla Office Park, LLC, For Conceptual Review Of 'Entrance Features And Sign age For The Tuskawilla Office Park. Mr. Baker introduced Ms. Sandy Bierly who will present a couple of proposed signage for the Tuskawilla Office Park project. Ms. Sandy Bierly, Tuskawilla Office Park, Owner/Developer, L.L. C, 800 West State Road 426, Oviedo, Florida: presented two (2) renderings and noted her preference for the oval sign with block lettering. With discussion, Deputy Mayor Gennell noted that she was not partial to the lights (on the signage) which were depicted in Ms. Bierly's preferred rendering. Ms. Bierly said, "1 wouldn't be opposed to taking this off there, and just light the sign up..." Manager McLemore added, "...1 think the top ornament - as an ornament is good." Ms. Bierly added, "It doesn't have to be a light - I am not opposed to that." Manager McLemore suggested, "Actually you could put a light at the bottom that would shine up on the sign." Ms. Bierly agreed and said, "That's what I was intending to do anyway, so if I removed those it wouldn't be a problem." . The proposed signage was further discussed and Ms. Bierly pointed out that "I don't know why this isn't noted on here, but the columns are really in brick on that; I don't think they called out that - the detail; but brick is what I intended to use, Just like the wall, to tie it together." J : .' . . , CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 14.2002 PAGE ISOF24 "I WOULD LIKE TO MAKE A MOTION THAT WE APPROVE THE SKETCH ON THE SCREEN WITH THE LIGHTING BEING MOVED DOWN TO THE GROUND, SHOOTING UP TO THE SIGN." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. VOTE: COMMISSIONER MILLER: NAY COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE DEPUTY MAYOR GENNELL: NAY MAYOR PARTYKA: AYE MOTION CARRIED. Mayor Partyka commented that "To be consistent with the script - you see the script styling in what we use and all that - you have got the block versus the script on the side, maybe you can do that, and be a little bit more consistent." Mr. Baker stated, "Doesn't she need to come back with a Special Exception?" With discussion, Manager McLemore remarked, "Bring this one back as a Special Exception." Furthermore, regarding the signage Manager McLemore said, "I think we need to look further in that Ordinance - we will deal with it. If it is allowable, we'll tell you. If it's not, we'll bring it back with a Special Exception." REGULAR E. Community Development Department Requests The City Commission Reconsider Information About Boat Oocks. . This Agenda Item was introduced by Mr. Baker with findings on the number of possible lots for boat docks. With discussion, Commissioner Miller stated, "I would like see us look to making this - issue more restrictive' than it is currently by the St. John's River Water Management District." . Tape 3/Side A Further discussion. "I WOULD LIKE TO MAKE A MOTION THAT THE CITY MANAGER . CONTACT THIS ORGANIZATION - BREEDLOVE [BREEDLOVE, DENNIS &. . ASSOCIATES, INC.] - ARRANGE A SCHEDULE FOR THEM TO COME BEFORE US AND RUN'US THROUGH THE PROCESS - I WOULD LIKE TO APPROVE ITEM 'E' FOR CONSUL T ANT SERVICES." MOTION BY COMMISSIONER MILLER. SECONDED BY DEPUTY MAYOR GENNELL. DISCUSSION. ." . . . ATTACHMENT D COMMISSION AGENDA ITEM G Consent Informational Public Hearing Regular X October 14 . '2002 Meeting Mgr. / Dept. Authorization REQUEST: The Community Development Department presents a request by Tuskawilla Office Park, LLC, for conceptual revie\y' of entrance features and signage for the - Tuskawilla Office Park.. PURPOSE: The purpose ofthis item is for the City Commission, in its capacity as the Development Review Committee (DRC) to consider a request of the Tuskawilla Office Park LLC for entrance features with signs for the Tuskawilla Office Park, pursuant to the Town Center Code. This is conceptual, only. The request is for the City Commission, as the DRC, to review and determine what is aesthetically appropriate, consistent with, and in harmony with the Town Center, before the applicant spends considerable funds and time to process a special exception. APPLICABLE LAW AND PUBLIC POLICY: Subsection 16-86 (b). Identification Signs. Subsection 20-237 (1) (1). Architectural Guidelines. CONSIDERATIONS: The Town Center Code allows free-standing monument signs by special exception only along the SR 434 frontage. Staff interprets this to prohibit free.standing monument signs throughout any portion of the Town Center not abutting the SR 434 frontage. Identification signs are to be at . ." I . " October 14, 2002 REGULAR AGENDA ITEM G Page 2 least 25 feet from an intersection. Any sign placement must not obstruct visibility at intersections or driveway curb-cuts. When similar renderings were reviewed by Dover Kohl and Partners, their response was that any such sign should be incorporated into a decorative feature and should not be a stand-alone sign. Dover Kohl and Partners did not, however, discount the possibility that a sign could be tastefully incorporated into the existing wall that extends along the south side of the project, in that portion of the wall that extends to the Tuskawilla Road right-of-way. FINDINGS: 1. The entrance feature with signage constitutes a free-standing monument sign and is therefore prohibited in the Town Center by Section 20-237 of the City Code. 2. On June 18,2002, the staffDRC considered the recommendation and voted to recommend denial because free-standing monument signs within the Town Center are only allowed along the SR 434 frontage - and then, only with a special exception. The site does not front on SR 434, no s~ecial exception application has been received, and the $500 fee for a special exception has not been paid. . 3. Dover Kohl and Partners recommended that any signage (other than on the buildings) be incorporated into some decorative feature. STAFF RECOMMENDATION: Staff recommends the City Commission deny the request because free-standing monument signs within the Town Center are allowed only along the SR 434 frontage - and then, only with a special exception. ATTACHMENTS: A. Sketches of the Applicant's proposals B. Location. map COMMISSION ACTION: . ," . . ' ATTACHMENT E Prepared by and Return to: Anthony A. Garganese, City Attorney Brown, Ward, Salzman & Weiss, P,A. 225 E. Robinson Street, Suite 660 P.O. Box 2873 Orlando, FL 32802-2873 PARCEL 1.0. NO. 01-21-30-501-0000-0550 TUSKA WtLLA OFFICE PARK, L.L.C., a Florida corporation ("TOP"), whose address is 800 Westwood Square, Suite E, Oviedo, FL 32765. WIT N E SSE T H: WHEREAS, TOP is constructing an office park development on real property located within the City of Winter Springs, Florida; and WHEREAS, the real property is currently located within the City of Winter Springs and is currently part of the Winter Springs Town Center; and WHEREAS, the parties desire to memorialize their mutual understanding that the real property will, be developed' as TUSKA WILLA OFFICE PARK DEVELOPMENT project in accordance with the Town Center Zoning District requirements adopted by the City, (the "Project"); . and WHEREAS, the City Commission has recommended entering into a Binding Development Agreement, ("Agreement"), with TOP for the develo'pment of the Project; and WHEREAS, in addition to TOP's compliance with all City Codes, permitting and construction not in conflict herein, the City and TOP desire to set forth the following special terms and conditions. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties mutually agree as follows: Section I. Recitals. The foregoing recitals are hereby incorporated herein by this reference. Section 2. Authority. This Agreement is entered into pursuant to the Florida Municipal Home Rule Powers Act. . Section 3. Subiect Property. The real property ("Property") which is the subject to, and bound by, the terms and conditions of this Agreement is legally described on Exhibit "A" attached hereto and made a part hereof by reference. Section 4. Representations of TOP. TOP hereby represents and warrants to City that TOP has the power and authority to execute, deliver and perform the terms and provisions of this Agreement and has taken all necessary action to authorize the execution, delivery and performance of this Agreement. This Agreement will, when duly executed and delivered by TOP and recorded in the public records of Seminole County, Florida, constitute a legal, valid and binding obligation enforceable against TOP and the Property in accordance with the terms and conditions of this Agreement. TOP represents it has voluntarily and willfully executed this Agreement for purposes of binding the Property to the terms and conditions set forth in this Agreement. -2- -' . ..', , ,,,a. . Section 5. TOP's Obligations and Commitments. In consideration of the City entering into this Agreement with TOP, TOP voluntarily agrees as follows: (a) Office Structures. All office structures located on and fronting the Tuskawilla Road (Lots 1-4) shall be two (2) stories in height. All other office structures may be either one (1) or two (2) stories in height, however, TOP understands the City prefers two (2) stories pursuant to the Town Center District Code. (b) Fencing. Vinyl picket fencing four (4) feet in height shall be installed fifteen feet (15') from the north property line behind Lots 4-11 and in compliance with all City Code requirements. The design of said fence shall be acceptable to the City. (c) Wetland Buffer. In consideration of the peculiar site constraints, the property will be developed with a fifteen-foot (15') wetland vegetative buffer provided said buffer is permitted by the St. Johns River Water Management District and approved by the City Commission in accordance with the City's Co.mprehensive Plan. (d) Wall Buffer. A six (6') foot high brick wall shall be constructed along the south property line (Oak Forrest Subdivision) from Tuskawilla Road to the west end of the detention pond. Said wall shall be fully constructed prior to the first building permit being issued for the office structures except a building permit may be issued for, and an office structure constructed on, Lot 4 simultaneously with the construction of the wall. -3- ~ ." (e) Dumpster Pad. No Dumpster Pad shall be located along the south (Oak Forrest Subdivision) or State Road 434 property lines. A Dumpster Pad shall be located near Lot 4. (f) Lighting. All exterior lighting on the Property will be directed inward towards the Property, so as to minimize or eliminate the effects of glare on the adjacent residential property, particularly the Oak Forrest .Subdivision. (g) Additional Tree Buffer. TOP acknowledges that due to site restrictions on the Property, there are several landscape gaps depicted on the Landscape Plan along the south boundary where no oak trees can be planted on the Property ("Landscape Gap"). In order to. fill in the Landscape Gaps with oak trees, TOP agrees to offer the Oak Forrest Subdivision lot owners located adjace~t to the south side of the wall and a Landscape Gap, an opportunity to have installed, on their lot, at TOP's expense, a 3 -4" caliper oak tree( s) with a height of at least 6-8 feet. Said oak trees shall be installed in addition to the landscaping required on the Landscape Plan and prior to the completion of the wall at a spacing distance of 45 feet, unless a lot owner states in writing that they do not desire a tree(s) in which case the spacing distance may be greater to accommodate that lot owner's desire not to have a tree. Any tree planted pursuant to this subparagraph (g) shall be counted for purposes of satisfYing TOP's Tree Replacement requirements. TOP shall also require the nursery providing the oak trees to provide each lot owner with the nursery's standard tree warranty. -4- ..' . . . .. ~ (h) Parks. Aland area west of Lots 1-3 shall be developed as a passive park including paved walkways, park benches, street lighting, and landscaping material suitable to the City and consistent with the Town Center design theme of the Project. Final 'details shall be subject to the City Manager's approval. (i) Arbor Ordinance Requirement. (A) In consideration of trees which shall be cut, removed or destroyed from the property.by TOP or its agent, TOP shall replace trees or monetarily compensate the City as provided in the Arbor Ordinance according to the Tree Replacement Assessment established by the City. TOP may deduct from their Tree Replacement Assessment, Tree Replacement credits based on the number of replacement credits as provided in the Preferred Plant List, provided that: (i) All plant materials are Florida Grades and Standard One (1) or better; and (ii) All plant materials are properly installed; maintained and replaced as deemed necessary under the City's' Arbor Ordinance. (iii) Tree removal inspection fee to be capped at $200.00 for all trees to be removed on the Property. (iv) The landscape plan for the proposed development to which the credits are to be applied is prepared by a landscape architect licensed by the State of Florida. (8) For purposes of this Section 5, the following words shall have the meaning ascribed below unless the context clearly indicates otherwise: -5- ,.. , , (i) . "City Arbor Ordinance." City Arbor Ordinance shall mean Chapter 5 of the City Code of Ordinances otherwise known as the city Arbor Ordinance. (ii) "Preferred Plant List." Preferred Plant List shall mean that list of plant materials and corresponding Tree Replacement Credits shown in Exhibit "B" of this Agreement. (iii) "Tree Replacement Assessment." Tree Replacement Assessment shall mean the total amount of monetary compensation owed to the City of Winter Springs as provided in the Arbor Ordinance for the replacement of trees cut, destroyed, or removed from a property in the City as a result of development or redevelopment. I . (iv) Tree Replacement Credit. Tree Replacement Credit shall be equal to One . Hundred Dollars ($100.00) and no cents in tree replacement value. Additionally, TOP agrees to install and maintain in a first class condition landscaping on the Property in accordance with the Landscape Plan attached hereto 'as Exhibit "C," which is hereby fully incorporated herein by this reference. TOP shall promptly replace dead trees and shrubs to a condition equal to or better than required by the Landscape Plan. U) Setbacks. Building front set back shall be 0-10 feet, side set back shall be 0-10 feet and rear set back shall be 0-10 feet. . Section 7. Successors and Assigns. This Agreement shall automatically be binding upon and shall inure to the benefit of the successors and assigns of each of the parties. -6- .~..I Section 8. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Section 9. Amendments. This Agreement shall not be modified or amended except by written agreement duly executed by both parties hereto and approved by the City Commission. Section 10. Entire Agreement. This Agreement supersedes any other agreement, oral or written, and contains the entire agreement between the City and TOP as to the subject matter hereof. Section II. Severability. If any provision of this Agreement shall be held to be invaiid or unenforceable to any extent by a court of competent jurisdiction, the same shall not affect in any respect the validity or enforceability of the remainder of this Agreement. Section 12. Effective Date. This Agreement shall become effective upon approval by the City of Winter Springs City Comr;nission and execution of this Agreement by both parties. Section 13. Recordation.. This Agreement shall be recorded in the public records of Seminole County, Florida, and shall run with the land. Section 14. Relationship of the Parties. The relationship of the parties to this Agreement is eontractual and TOP is aniridependent contractor and not an agent of the City. Nothing herein 'shall be deemed to create a joint venture or principal-agent relationship between the parties, and neither party is authorized to, nor shall either party act toward third persons or the public in any manner which would indicate any such relationship with the other. Section 15. 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 state and federal law. -7- j.... ." Section 16. City's Police Power. TOP agrees and acknowledges that the City hereby reserves all police powers granted to the City by law, In no way shall this Agreement be construed as the City bargaining away or surrendering its police powers. Section 17. Interpretation. The parties hereby agree and acknowledge that they have both participated equ'ally in the drafting of this Agreement and no party shall be favored or disfavored regarding the interpretation to this Agreement in the event of a dispute between the parties. Section 18. Permits. The failure of this Agreement to address any particular City, county, state, and federal permit, condition, term, or restriction shall not relieve TOP or the City of the necessity of complying with the law governing said permitting requirements, conditioris, term, or restriction. Section 19. Third Party Rights. This Agreement is nota third party beneficiary contract and shall not in any way whatsoever create any rights on behalf of any third party. Section 20. Specific Performance. Strict compliance shall be required with each and every provision of this Agreement. The parties agree that failure to perform the obligations provided by this Agreement shall result in irreparable damage and that specific performance of these obligations may be o~tained by suit in equity. Section 21. 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. Section 22. Future Rezonings/Development Permits. Nothing herein shall limit the City's authority to grant or deny any future rezoning or development permit applications or requests -8- .. I'" , .. " . subsequent to the effective date of this Agreement. [n addition, nothing herein shall be construed as granting or creating a vested property right or interest in TOP or on the Property. : IN 'WITNESS WHEREOF the parties have hereunto set their hands and seal on the date first above written. Signed, sealed and delivered in the presence of TUSKAWILLA OFFICE PARK, L.L.C a Florida Corporation ~c,~ By: . (Print Name of Witness) ~ I \Q.. !.,.;~ CITY OF WINTER SPRINGS, FIOri , M0~~~f~~~~tion, By6.J{~r;;J ~ct~, . PArpoT~ ~NZO-LUACES City Clerk NOTARIAL ACKNOWLEDGMENT STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me' thIs Z 9 day of FiJx,llfU 'I, 2002, by SANRDA BIERL Y, as Attorney in Fact for William Barrett, as the President ofTUSKA'WILLA OFFICE PARK., L.L.c.., a Florida corporation, Ll who is personally known to me, or I~who has produced FL "n r ; ~. t"n L ( C)1.C as identification. 1H 'to -7 C('j-.>L. -6 31- 0 SUSAN'SANDRIOGE cOMMlSSlON' ccan 109 EXPIRES OCT 08.2003 80tl0ID THllOOOH ADVANTAGE NOTARY (Sl~'A L) -9- . ,~"!i' , . . . EXHIBIT "A" The real property ("Property") which is the subject to, and bound by, the terms and conditions of this Agreement is legally described on Exhibit "A" attached hereto and made a part hereofby reference. Legal description: THAT PORTIONOFLOTS 53, 54, 55, 58, 59,62,63 AND THOSE UNlMPROVED RlGHT-OF-WA YS LYING BETWEEN LOTS 55 AND 58, LOTS 59 AND 62 AND THE NORTH Yz OFTHAT30' VACATED RlGHT OF WAY LYING SOUTHERL YOF LOTS 55, 58,59,62 AND 63, D.R. MlTCHELL'S SURVEY OF THE LEVY GRANT, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLA T BOOK I, PAGE 5 OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COlvl:MENCE AT THE SbUTHWEST CORNER OF THE AFOREMENTIONED LOT 63; THENCE RUN SOUTH 87002' 40" EAST, ALONG THE SOUTH LINE OF LOT 63, A DISTANCE OF 62.14 FEET TO THE POINT OF BEGINNING; THENCE DEP ARTINGSAID SOUTH LINE RUN SOUTH0205T20"WEST,ADIST ANCE OF 15.00FEETTO THE CENTERLINE OF A30' UNIMPROVED RlGHTOFWAYVACATED IN OFFICIAL RECORDS BOOK 4112, PAGE 0597 OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORlDA; THENCE RUN SOUTH 8r02'40" EAST ALONG SAID CENTERLINE A DISTANCE OF 1129.20 FEET TO THE WESTERLY RlGHT -OF-WA Y OF TUSKAWUJLA ROAD AS DESCRIBED IN. OFFICIAL RECORDS BOOK 3603, PAGE 1095 OF. THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA; SAID POINT LYING ON A CURVE CONCA VE NORTHWESTERL Y HA VING THE FOLLOWING ELEMENTS: A RADIUS OF 5677.58 FEET, A CENTRAL ANGLE OF 03042'36", A CHORD LENGTH OF 367.57 FEET AND A CHORD BEARING OF NORTH 12013'06" EAST; THENCE FROMA TANGENT BEARING OF NORTH 14004'24"EAST,RUNNORTHEASTERLY ALONG SAID RlGHTOFWAY AND THE ARC.oF SAID CURVE A DISTANCE OF 367.64 FEET TO TI-IE POINT OF REVERSE CURVATURE OF A CURVE CONCA VE SOUTHEASTERL Y HA VING THE FOLLOWING ELEMENTS: A RADIUS OF 5 78 1.58 FEET, A CENTRAL ANGLE OFOlol2'46", A CHORD LENGTH OF 122.38 FEET 00 A CHORD BEARlNG OF NORTH 10058' II"EAST; THENCE RUN NOR THEASTERL Y ALONG THE ARC OF SAID CUR VE A D~ST ANCE OF 122.3 8 FEET; TI-IENCE DEPAR TING SAID CURVE AND RlGHT OF WA Y LINE RUN SOUTH 20020'33"WEST, ADISTANCEOF64.52 FEET; THENCE RUN SOUTH 45038'29"WEST, A DISTANCE OF 59.63 FEET; THENCE RUNSOUTH71 030'38"WEST, A DISTANCEOF48.60 FEET; THENCE RUN NORTH 75028'56" WEST, A DISTANCE OF 27.98 FEET; THENCE RUN NORTH 54016'32" WEST, A DISTANCE OF 44.31 FEET; THENCE RUN SOUTH 44013' 12" WEST, A DISTANCE OF 18.82 FEET; THENCE RUN SOUTH 51018 '33" WEST, A DISTANCE OF 345.75 FEET; THENCE RUN SOUTH 86031 '22" WEST, A DISTANCE OF 82.36 FEET; THENCE RUN NORTH 62037' I T'WEST,ADISTANCEOF63.47 FEET; THENCE RUN SOUTH 76027'4T' WEST, A DISTANCE OF 62.38 FEET; THENCE RUN NORTH 84034' 12"WEST,ADISTANCE OF 83.22 FEET; THENCE RUN SOUTH 76044'49" WEST A DISTANCE OF45.06 FEET; THENCE RUN NORTH 81018'28" WEST, A DISTANCE OF 49.25 FEET; THENCE RUN SOUTH 85001 '56"WEST, A DISTANCE OF 48~02 FEET, THENCE RUN SOUTH 52042'01 "WEST,ADISTANCEOF67.33 FEET, THENCE RUN SOUTH 800 11'21 "WEST,ADISTANCEOF52.69FEET; nmNCE RUN SOUTH 03027'55" WEST, A DISTANCE OF 23.12 FEET; THENCE RUN SOUTH 69034'23" WEST, A DISTANCE OF 95.27 FEET; THENCE RUN NORTI-I82016'34" WEST, A DISTANCE OF 77.56 FEET; THENCE RUN SOUTH 84055'50" WEST, A DISTANCE OF 75.60 FEET TO THE POlNT OF BEGlNNING. CONTAINING: 199,036 SQUARE FEET (4.569 ACRES) +/- K:frSW/JI/LEGAI. DESCRIPTION.DOC REVRlG/OI JEM -I- , . . '. EXHIBIT "ll" JUH-20-2ffil :7:27 OJ': D8.1ELOPf'HIT 4C.'7 e~: 1623 P. 08.'88 CREDIT AVERAGE CRI!DIT N~T TRl!E OR LARGE SHRUB NAME SIZE RATIO COST VALUE GAIN Ylupon Hlllly MuItJ..lNnk :l5-3Q ga1.,O' 2~1 $ 00.00 S 200.00 ~ 110.00 Slmpeon stopper 25-3Og91.;0' 2.1 S 110.00 $ 200.00 S 110.00 pygmyoate PMm. dbl. 30' gal.. 4' 3-1 $ 125.00 $ 300.00 $ 175.00 a<JU a.PlndO P~lm 30 gal., 5' 3-1 S 100.00 S 300.00 $ 175.00 European Fan Palm 30 gal. ,. lot S 150,00 $ 300.00 $ 175.00 cnllHl~ Fan Palm 30 gal. 5' 3-1 $ 100.00 . $ 300.00 $ 175.~ canlly'l.sland Dale Palm 30 gal.. 6' 3-1 S 100,00 5 300.00 S 175.00 Oat. patm. P. daetylifei't. 30 g~l, 4' 3.1' S 100.00 S 300.00 $ 175.00 Windmill ~Im 30 gal.. O' 3-1 S 150.00 S 300 .00 S lS0.00 S<lgo 30 gal.. 3' ~1 S 150.00 $ 300.00 5 150.00 Ullla Gem MaQOQlia 2MDgal.,0' 3-1 $ 100.00 S 300.00 $ 200.00 Red Bud 25-30 gal..6' 3-1 S 125;00 S 300.00 S 115.00 Ca(1jjoel HOUy :1.5-30 gat ,a~ 3-1 $ 125.00 S 300.00 $ 175.00 F esU\fe Ho lIy 2$030 oa1.,~ 3.1 S 125.00 S 300.00 $ 175.00 Robin Holly 25-30 ~L,6' 3-1 S 125.00 $ 300.00 S 175.00 0611184r HOlly 2&-30 gaL,O' 3-1 $ 125.00 S 300.00 S 11$.00 Spa~o Juniper ::5-30 gal.,O' 3-1 S 115.00 S 300,00 $ le5.00 TO<\Jlosa Juniper 2S-30 Oal..9' 2.1 $ 110.00 $ 200.00 S 110.00 Flowering Dogwood 2$o3b 01i1..6' ),1 $ 125.00 $ JOo.OO $ 175.00 Camem.. 25-30 'Qal.,S' ).1 S 1~,OO $ 300.00 S 155.00 J llpaM.. I3luabllrry 2,5.30 QII..S' 3-1 $ 120.00 $ 300.00 $ 180.00 Loblolly Bay 25-30 gaU' 2-1 $ 90.GO $ 200.00 5 110.00 Uprlght Yllupon ~11y 15 gal.. 6' 2.1 $ 90.00 $ 200.00 $ 110.00 We$plng YlIupon Holly 2~.30 gal..~' 3-1 S 100.00 5 300.00 $ 200.00 LOnlpetEllum Standcrd 15 oel, S' ~1 S .IOD.OO S 300.00 S 200.00 Chlck8&8w Plum 2S gel., tr 2.1 $ 95.00 S' 200.00 $ 105.00 R~rf RllrJuWII 15031.,5' 2.1 $ 50.011 $ 200.,00 $ 150.00 Myrtle Oak IS~..5' :l.1 $ 5ll.oo C 200.00 S l'itl on crll1aegu.s 15 oel.. 6' 2-' $ :10.00 $ 200 .00 $ 150.00 Ftinoe T/'ell 15 gal.. S' 2-1 $ 50.00 $ 200.00 $ 150.00 Tebebola 30 gal.. S' 2.1 $ 75.00 $ 200.00 S 125.00 6,1unlnl8 glllplnl. 10 Oal., S' 2-1 . S 60.00 S 200.00 S 150.00 SWeeIlT.,. O~\f. 15 gal.. O' 2.1 $ SO.OO S 200.00 S 150.00 UOusuum Stlndard 4$ g"!..6-10' 5-1 $ 300.00 $ 500.00 S 200.00 CI1Il)e MYrtle Standard 45 gal..6-10' s:t $ 350.00 , 500.00 $ 150.00 Ve:uCOl1 HollY Slandarrl 2~ gaL.IS' lol $ 100.00 S 300.00 S zoo. 00 WlIhef'$ Viburnum stsodarq 25--10 ga/..S' 3-1 $ 100.00 $ 300.00 $ 200.00 Ne04/e Palm 25-30 gal.,S' 4-1 $ 200,00 '$ 400.00 S 200.00 . Pygmy O/l1Cl Palm, tr1~ 30 gal., 4' 3-1 $ 150.00 $ 300. QO $ .1SO.00 eu1ill-Pindo P'1m 6S 001.. B' 4-1 S 200.00 $ ~OO.OO S 200.00 Europe.sn Fen palm 6' gal.. SO 5-1 $ 2!O.OO $ 500.00 S 250:00 Chlne$e Fllll.PiJlm M gal. O' 6-1 $ 260.00 S 500.00 $ 250.00 Car'lal'l Island D~ Palm liS Oil.. 8' 6-1 $. ?SQ.OO $ 500.00 $ 250.00 Dale P~lm, P. dacCyllfera 6$ gal,S' . . '5-1 S 250.00 $ 500.00 S 250.00 Wln4mlll Palm 55 gol.. 9' !\.1 S 300.00 $ 500.00 $ ?00.00 Sago . 6$ gaL. 4- 5-1 5 ;/50.00 $ 500.00 S 250.00 UllIe ollm Magnolia tiS gaL.G' 5-1 1 230,00 $ 500.00 S 250.00 S~rt1In Juniper as g.~. 6' 5-1 $ 250.00 S 500.00 $ ~50.00 Torul~ .hJnlper 65 gal. S' 5.1 $ 2S0.oo 5 ~.OO $ 2SO.00 Olnooq Holly 65 g81.. 1 0')(4')(2' 5-1 $ 225.00 S 500.00 $ 275.00 U",,'Oak 650al._14'xS'x3' 5-1 I 300.00 $ 500.00 $ 200,00 lMooed elm es ~I" 12'xS)2112 ...1 '$ 225.00 $ ~,OO $ 175.00 Red Maple 65 oat, 12'xS'X2112 4-1 $ 225.00 S ~O.OO $ t75.00 TOT~ P.09 ". lI..l_~-.o~, t '1:"~ 40" J27 4753 p.a8 TOTH.. P.0S -11- S.e..n,t ~y:. ~R?WN, WARD, SAL2MAN&WEISS, P. A. ; 407 425 959B; " Apr.23.03 5:05PM; Page 2/2 ~ ~ ~ ; : 1 Prepared by and Return to: : i Anthony : Garganese, City Attorney Brown. S lzman, Weiss & Garganes9, PA 225 E. R ~inson Street, Suite ae,<> . P.O. Box 2873 . Orlando, L 32802-2873 FIRST MODIFICATJ N:TO . IN DING DEVELOPMENT GREEMENT . j I I '. I . 1 . . I FIRST MqoiFICATION TO BJNDI~G: DEVELOPMENT AGREEMENT ; : i .' . I Modification"),: made and executed this ~ day of , 2003, by ., . I . een the CITY qF WINTER SPRINGS, a ~Iorjda municipal corporation (ClCityU), . . I . ;". whose address is 112q. East State Road 434, Vvinter Springs, Florida 32708, and . : ; . ~ . TUS 'WILLA OFFICE!PARK, L.L.C.,. a Florida torporation (ClTOPJJ), whose address . . J . ! . , . . . . I . . estwood Squar~, Suite E, Oviedo, Florida,132765. : ~ REelT ALS: ! HEREAS. the parties previously ent~red into a Binding Development : : j i : :ent which is reyorded in the Public Recprds of Seminole County at Official . I ; . . ! : . Recor :Book 04347, P~~e 1670 ("Binding Develo~mei1t Agreement"); and . i . . . HEREAS, the :~inding Development Agre~ment binds that certain real property . : j . . I : locate' within the CitY;~f Winter Springs ~s mor~ particularly and legally described in . j I" . Exhib . "A," which is :attaChed hereto' and fully i~corporated herein by this reference : : i . ' ! : ("Proprty"); and : j : : :! . i : . HEREAS, TO~ desires to construct an~ maintain an entrance feature and : : ~ . i : signa on the Property, which will be generally located along Tuskawilla Road as ::! I : descri ~ d in Paragraph ?Obelow ("Entrance Feat~re'~); and . WHEREAS, the: City Commissibn on Octdbef: 14, 2002 conceptually approved : : i . ! : the En ranee Feature referenced herein:; and : : ~ ~ I ~ 1 : , : l : 1 . '. ;. 407 425 9596; Apr-23-03 4:54PM; Page 3i5 Sent ~y.~ .BROWN'WA1. RD,SALZMAN&WEIs1,P.A.; . . : I . I : I > i i : , HEREAS, TOPjand the. City Commission! desire to memorialize in writing the i i.' . ; ~roval of the Entrance ~eature under the trrms and conditions set forth herein . ying the Bindingloevelopment Agreement; ~nd I . . . I.. HEREAS, the; !parties acknowledge :ant agree that all other terms and . s of the Bindind. Development Agreemen1 not expressly modified by this First Modlfic tlon shall remalnl,n full force and effect.. I': . ~ : 1 : ; OW, THEREFb~E,: inconsideratron of t~e mutual promises, covenants and i . ~ : .: !.' agre~. tnts set .fort~ ard .other good arid vaIU~bIEl. consideration, t~e recei~t ~nd sufficle ; y of which IS h~reby acknowledged, the partIes agree to modify the Binding : ~ . ent Agreemerit!as follows: i : \ '. .' I : o Recitals.. IThe foregoing reCitals ar~ hereby incorporated herein by this and deemed a ~aterial part of this First ~6dification, . .! I . , . . Entrance1eature..... The parties a~ree that TOP shall be allowed to. constru: a new decordtive business Entrance Fe~ture on the Property generally f ~ . . : . : . ~ . .' i'. located $Iong Tuskawilla Road under the following t~rms .and conditions: '. I! . . ! . t ~ . i \ 2.1 The. ) Entrance Feature shall ibe constructed and perpetually ~ ~ . i . t ":: I i ; . . i . 1 maintained in complete. confornritywith the plans and specifications . . , j . . I. of th~ Entrance Feature desc~bed and depicted on the attached .; . '. i . Exhi~it :/18," as approved' by i the City Commission on April 28, . i . f : . . . I 20031 which .are hereby fully incprporated herein by this reference. . .; : " !" 2.2 It is' the: intent and purpose of this First Modification to limit the ~ i . . ( . i Entra;nce Feature for the: Prop~rty to the Entrance Feature , . I. .' . ment(oned in Paragraph 2.1ab ve; . : i :: ':: : , 2.3 TOP shall apply for and obtain all :governmental permits which are nece~ary 10 construct the Entrance Feature referenced in '1' ". : I '. ! I , , I I : 1 2: I . ..S,~t B~'. BROWN. WARD. SALZMANOWEIS!' P . A. ; 407 425 9596; Apr-23-03 4:54PM; Page 4/5 , ,i ':.' : I : ~ . I. Para$raph 2.1 above in compliance with all applicable local, state, ; . . I and .~deral law. i . : 1 ! . 2.4 TOP 1shall maintain the Entrante Feature referenced in Paragraph 2.1irl 960d ~nd reasonable ~on~itiPn at all times. 2.5 Unle~s the City Commission b) majority vote agrees to modify the . ; . i,. Bindihg . Development Agreement, as amended by the First MOditication,: TOP shall noi c~ange the exterior of the Entrance .' . . I . I FeatJrein any material manner :that would cause the Entrance I FeatJre to appear differently thhr'l the Entrance Feature depicted in I EXhi~it "8.'; i . p Miscellan9~ All terms and con~itions of the Binding Development i i . !. . Agreem nt which are n9t expressly and specifically modified by this First Modification ~ : ~ . . !. . shall co ! inue to remain I~ full force and effect. I . f . ; : . . . I ! WITNESS WH~REOF, the parties have ,*ecuted this First Modification as of . ~ : i' : . ,. , the dat ~rst written abov~. ; . f . i ! . : I erN OF WINTER SPRINGS a FJ~rida municipal corporation ! . , j . , . . I' By:. '.: JoHlN F. BUSH, Mayor Dat~:. . . i WITNE ES: . < , . , : j : I i i : . tUSKAWILLA OFFICE PARK, L.L.C. I . a Flcj)tida corporation . I:' I : . ~ ! By: WIL lAM BA.RRETT, President Oat: . I . I I . I . J I: I : S.ept By: BAOWN,WAAD,SALZMAN&WEI S,P.A.; I 407 425 9596; Apr-23-03 4:55PM; Page 5/5 ~ ;,"' \ ." I I : 'I' i : I : l ! : I i; 1 ' ~~~TNE ~~~LORIDA: .. .. 1.. e foregoing in trument was aCknOWled~e~ before me this _ day of I 2003, b WILLIAM BARRETT; P asldent of TUSKAWILLA OFFICE PARK, ~.L.C., a Florida rporat.ion. [ ] who is per, brially known to me, or[ ] who has produc ,~ . ::. as. identificf3tion. I. . . . . I:: : ' . I.: I . . .. ! NO ARY PUBLIC, State of Florida I My . nimission expires: (SEAL) 1 I I I i , \ j I I ! ! ; ! i , ! i I I i [ i ! I t i t I I , i I ! I i I i i , i i. I 4