HomeMy WebLinkAboutWest End Professional Center One 3rd Modification Binding Development Agreement Grant Maloy, Clerk Of The Circuit Court&Comptroller Seminole County, FL
Inst#2019067974 Book:9381 Page:1962-1965; (4 PAGES)RCD: 6/26/2019 9:20:07 AM
REC FEE$35.50
Prepared by and Return to:
Kristin N.Eick
Winter Springs Assistant City Attorney
Garganese,Weiss,D'Agresta&Salzman,P.A.
P.O.Box 2873
Orlando,FL 32802-2873
(407)425-9566
THIRD MODIFICATION TO BINDING DEVELOPMENT AGREEMENT
THIS THIRD MODIFICATION TO BINDING DEVELOPMENT AGREEMENT
("Third Modification"),dated June't`_2t',2019, is made by and between the CITY OF WINTER
SPRINGS,a Florida Municipal Corporation("City"),whose address is 1126 East S.R.434,Winter
Springs, Florida 32708, and WEST END PROFESSIONAL CENTER ONE, LLP, a Florida
limited liability company ("WEPCO"), whose address is 225 S. Orange Avenue, Suite 1401,
Florida 32801 (referred to herein as "Developer").
WITNESSETH :
WHEREAS, Developer and City previously entered into a Binding Development
Agreement, dated December 11, 2006 ("Agreement") recorded in Seminole County Official
Record Book 6545,Page 1302, for the construction of an office park development, and
WHEREAS, on January 8,2007, Developer and City entered into a First Modification of
Binding Development Agreement ("First Modification") recorded in Seminole County Official
Record Book 6585, Page 126; and
WHEREAS, on February 11, 2008, Developer and City entered into a Second
Modification of Binding Development Agreement("Second Modification"),recorded in Seminole
County Official Record Book 6949,Page 1636; and
WHEREAS, the parties desire to further amend the Agreement as set forth in this Third
Modification; and
WHEREAS, the parties acknowledge and agree that all other terms and conditions of the
Agreement and First and Second Modifications not expressly modified by this Third Modification
shall remain in full force and effect.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties mutually agree as follows:
Section 1. Recitals. The foregoing recitals are hereby incorporated herein by this
reference and deemed a material part of this Third Modification.
Third Modification to Binding Development Agreement
Winter Springs/West End Professional Center One,LLP
Page 1 of 4
Book 9381 Page 1963
Instrument#2019067974
Section 2. Terms of Modification. Paragraph 5(D) of the Binding Development
Agreement is hereby amended as follows:
D. Developer shall construct the following in the plaza at the entrance of the property:
(1)Three(3)seat walls around trees;
(2)Two planter beds containing trees and no seat walls; and
(3) One seat wall around a monument sign and landscaping. Construction of such
monument sign and landscaping shall be in accordance with the special exception
application on file with the City and approved by the City Commission on June 10,2019.
The design of seat walls are intended to be comfortable for sitting leisurely for extended
periods of time, and as such will be maintained in good condition in perpetuity by the
Developer for these public purposes.
Section 3. Recordation. This Third Modification shall be recorded in the public
records of Seminole County, Florida, and shall run with the land.
Section 4. Miscellaneous. All otherprovisions of the Agreement and First and Second
Modifications not amended by this Third Modification shall remain in full force and effect.
IN WITNESS WHEREOF the parties have hereunto set their hands and seal on the date
first above written.
CITY:
V
CITY OF'WVq `9R`WRINGS, a Fleriga
Witnesses: municipal cort•atip'n , 7
By By:
Print: Z). Charlds, y,
By:
Print:
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this 1 day of
2019, by Charles Lacey, as Mayor of the City of Winter Springs,who is personally known to me,
or has produced the following identification:
Third Modification to Binding Development Agreement
Winter Springs/West End Professional Center One,LLP
Page 2 of 4
Book 9381 Page 1964
Instrument#2019067974
NOTARY PiJBLIC, Stat f Flolida
f �
mac+ Nota> Public State of ftrWe By:
Antc +a DeJOSUS1"
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tvly Commission GG 212685 Print: C ' 0,
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Expirresot3rzazo2Y My Commission Expires: c.. ) Lc 2
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Third Modification to Binding Development Agreement
Winter Springs/West End Professional Center One,LLP
Page 3 of 4
Book 9381 Page 1965
Instrument#2019067974
WEPCO:
WEST END PROFESSIONAL CENTER
ONE, LLP., a Florida limited liability
partnership
By: -
Print: 0, �Ke�a
Witnesses: Title:
By:
G -c
Print: k ,k
By: �
Print:
STATE OF FLORIDA
COUNTY OF
_ The foregoing instrument was acknowledged before me this : day of
2019, by G,r�� �t��P, F- Y- � v� as ��of WEST
END PROFESSIONAL CENTER ONE, LLP, a Florida limited liability paAership, who is
personally known to me, or has produced the following identification:
NOTARY PUBLIC, State of Florida
:�.,r StiERYL L SCNEIBE B
'= MY COMMISSION#FF931292 y
EXPIRESOC10b61 27 2419 Print:
t4o7)398-0+53 FwrWaNa,�yServ�cenm My Commission Expires: r-
Third Modification to Binding Development Agreement
Winter Springs/West End Professional Center One, LLP
Page 4 of 4