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Home My WebLink AboutWest End Professional Center One 1st Modification Binding Development Agreement ? P"'~>. eA b~ clhd r{"t"tA.m To: ~...A-ILt!". ony A. 6a.~lli"\e.se , ~rf'lf A-ttvrn ' . ~.r7)~H\ 6arqa.he. <; vJeJ' ~s t Di ~1-'-lS ~ I p, '* ~5 e. j:\ohi',,~~Y\ StH-t.:t, Sw"t {,~o Oylahd.D A. '3~~1 (L.I07)Cfx--'l5'''~ I FIRST MODIFICATION OF BINDING DEVELOPMENT AGREEMENT THIS FIRST MODIFICATION OF BINDING DEVELOPMENT AGREEMENT, dated December 11,2006 ("First Modification") is made and executed this ~ day of JCln.~ ~ ' 2007, by and between the CITY OF WINTER SPRINGS, a Florida Municipal Corporation (th "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 ("West End"), and CHRISTOPHER F. REGAN ("Regan"), whose address is 225 S, Orange Avenue, Suite 1401, Florida 32801. WITNESSETH: WHEREAS, the Developer and City previously entered into a Binding Development Agreement, dated December 11,2006 ("Agreement"); and WHEREAS, the parties desire to amend the Agreement as provided hereunder, 1. Paragraph 5(D) is hereby amended to add the following second sentence: However, at the Developer's option, the Developer may substitute the middle two (2) seat walls with a significant sculpture or fountain at the front entrance of the building. 2. All other provisions of the Agreement not amended by this First 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. By: Print: By: ..... "'~""!\\ \'... - ;.f: ". W ~ ~ 'l~lt. .,c:,.;;O r"1 11\' ..',,\' .,.... .... fII, 1. . ".,' . ' fI() . CIT~ ~F WINT~~ 'sPfli<Ost~ F~~'ti.d~ lClpal corp.QfatIo. ~. I. ", '..;. ~', -c.. " ~. 'O"'\:i.-"J ... ;t ", ~. :..,. . ,MIL ,.' tt) : _ ; '~ J '...... ~. ~ , ..... ,':[1'- o n F. B~;~~~T -3Nt .'. ,~ij."" .: -V ",'-u -, '. ' ,.*"'.' ~ . . ,~.,'..~,~. " './/.... ......~... \\"".; ':, . ".~,:~' ~\... 'J 1 . ~$'~ . '. ' ..J .....::} \,,\\, .',,11' .,..u:'fi.. ,~ ,~~ ~1)"'\~ ~ Signed, sealed and delivered in the presence of: Witnesses: By: Print: <.. 4AJ<.oJ V ~ o ~ ~1t ST ATE OF FLORIDA COUNTY OF ~~t-J.:JJ" . ..,.. Q) {.. i ~ ~ ~'_ .)0 ~..JJ rI d .. ~ ~~Q -ltJ .... s:: 0 fIW':! t<<lRSE, CLERK OF CIRCUIT COURT ~ SEMINJLE COUNTY ~ Pgl 8126 - 129, (4pgS) ,FILE NUM 2007020bb0 ~ 12/89/2117 89184136 AM ------ --.- The foregoing instrument was acknowledged before me this ~ day of ~~~ , 2007, by ~ :r: 6~, as of the City of Winter Springs, wh~ona~o me, or has produced the following identification: , By Print: My~ _~ ! ~My CommiuiOn 00209870 '\01,,1 ExplFes MlIy 09.2007 UBLIC, State of Florida ~""" '- 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: WEST END PROFESSIONAL CENTER ONE, LLP., a Flo limited liability ship Witness By: Print: Title: Christoper F. Regan Managing Partner By: Print: By: ~(2 Print:' . ue,..4 CbI6;, ST ATE OF FLORIDA COUNTYOF~ h::=~.l~ ~_ _. . t,...2'(X)U) The foregoing instrument was acknowledged before me this ~ day of~2~ by Christopher F. Regan as Managing Partner of WEST END PROFESSIONAL CENTER ONE, LLP, who is personally known to me, or has produced the following identification: NOTARY PUBLIC, State of Florida By: Print. My Commission Expires: Attachments Exhibit A - Property Q)I~ SUZANNEYENSER i i"i MY COMMISSION. 00 475185 ~ . EXPIRES; January 1,2010 ~" Bonded 11w NolIry PIilIic lIndIrwrt8Is 2 ....' 1.1 '- " 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: By: Print: ~ Witness ~~t: ~~..~" ST ATE OF FLORIDA COUNTY OF Ot:2,A n91=- ~ 0. ~, ,_ _1. ,,,.. ZOOLD The foregoing instrument was acknowledged before me this 1 a day of ~ by CHRISTOPHER F. REGAN, who is personally known to me, or has produced the following identification: - NOTARY PUBLIC, State of Florida By: Print: Q:. My Commission Expires: C1L ", ..~ SUZNM YENSER t l"'{i.,\ MY COMMISSION I DO 475185 : : : EXPIRES: Januari 1,2010 llond8d lhru NolIry Nlllc lJnlIIIWIIIIn 3 EXHIBIT A LEGAL DESCRIPTION: PARCEL lD II 36-20-30-S02-000o-ooLA (PERO.R.B. 05014. PAGE 1597) BEGINNING 264.03 FEET SOUfH 22 DEGREES 15 MINUTES EAST OF 'THE NOR'THWESr CORl'lER OF LOT 1, .IOE E. JOHNSTON'S SURVEY, ACCORDING 1'0 PLAT THEREOF AS RECORDED IN DEED BOOK 147, PAGE 221, OF THE PUBLIC RECORDS OF SEMINOLE COUN\'Y, Fl.ORIDA, RUN 'IIiENCE SOl.;'TH 22 DEGRE.ES 15 MINtJrr:s EAS'I' 198-97 FEET, THENCE NORTH 51 DEGREES 15 MINtrl'T<.:s F.AST 291.3 FEET. TH.F,NCE NORTH 38 DEGREES 45 MINUTES W~'1' 200 FELl', THENCE SOUTH 51 DEGREES 17 MINtJI'ES 18 SECONDS WEST TO BEGINNING, LESS ROAD ON EAST AND PARCEL lD # 36-20-30-502-0000-0010 (PER O.R.B. 05962, PAGE 0818) COM1>1ENCING AT THE MOST EASTERLY COR.'lER OF THAT PART 01" BLOCK "B" OF D.R. MITCHELL'S SURVEY OF THE I,EVY GRM.'T, AS RECORDED IN PLAT BOOK I. PAGE 5. IN THE OFFICE OF THE CU:RK OF THE CIRCUl'r COUR')' OF SEMINOLE COUNTY. I"LORInA, I.YING SOUTH AND WEST OFTHF. PAVED ROAD WADING FROM SANFORD TO OVElDO; THENCE ALONG THE SOlJTHW&"ERL Y SIDE OF THE PAVED ROAD NORTH 38 DEGREES 45' WEST 1586.00 FEET TO A CONCRl':.TE MOto.'1.:MENT FOR A POINT OF BEGINNING; THENCE CONTINUING NORTH 38 DEGREES 45' WEST 200.00 FEET; THENCE SOUTII51 DEGREES 15' WI~'T 291,30 F1~ETTO 'J1lF. sOUnU':ASTl?Rl.Y SIDE OF A ()lRT ROAD; TmrnCE SOtrrH 22 DEGREES 15' EAST 208.80 FEh'T; 'l'Hlli'lCE NORTH 51 DEGREES 15' EAST 351.10 FEET TO THF, POINT 01' BEGINNING, IJ~S AND HXC]\PT FROM 'I'llI'. AI30Vl~ LANDS THAT POR"I10N TAKfu'l FOR ROAD RLGlrr-oF-WAY FOR STATE ROAD 434, BY THE ~'TATE OF f1.0RIDA, DEPARTMEl'<'T OF TRANSPORTATION, BY VIRTUE OF TIIAT CERTAIN ORDER OF TAKING RECORDED ,JULY 27,1994, IN OFFICiAL RECORDS BOOK 2803. PAGE 1023, OF nIE PIJI3UC RECORDS OF SEMINOLE COUNTY, FLORIDA, BEL'lG MORE PARTICl.i'LARLY DESCRIBED A.'l FOLLOWS: A PART OF LOT 1 OF JOE E, JOHNSTON'S SURVEY AS RECORDED iN DEED BOOK 147.l'AGE 221, OF THE P1JBLIC RECORDS OF SE.i."'iIINOLE COUNTY. FLORIDA, ALSO BEING A PART OF TIlE UNNU!'tIBERED 1.01' IN Bl.OCK B, D.R. MITCHEl.L'S SURVEY OFTHE 1.l'.VY GRANT, ACCORDING TO TllF, PI.AT"J1lRREOF, AS RECORDED IN PLAT BOOK I, PAGE 5, OF THE PtJIlUC RECORDS OF SIDillNOLE COUNTY, Fl.ORIDA, BEING :MORE PARTICULARLY DESCRIBED AS FOLLOWS; CO~IMENCE AT THE NORTHEAST CORNER OF SAID U~'NUMBERED LOT IN BLOCK B. BRING THE POINI' OF INTERSECTION OF THE SOUTHERLY RIGHT-Of-WAY LINE OF FIRST STREET. A 30 FOOT WIDE UNOPr:NED RIGHT-Of-WAY AND THE NORTllwr~RLY RIGI-IT-or''-WAY LINE OF BRANTL~'Y AVENUE, J 50 FOOT Vv1DE RIGHT-OF-WAY; THENCE RUN NORTH 71 DEGREES 22'40" WEST ALONG SAID SOUTHERLY RIGHT-Of-WAY LINE OF FIRST STREET A,\iD THE NOR"1Ii UNE OF SAID UNNUMBERED LO'I IN BLOCK B. A DISTANCE OF 1823,57 ,,'Er.'T TO A POINT ON THE BASELINE OF SURVt.'Y OF SR 434 ACCORDING TO FOOT RImrr-<JF-WAY MAP SEC'110N 77070-2516. 'n.lENCE RUN SOUTH 38 DEGREES 32'22" EAST ALONG SAID BASELINE OF SURVEY OF SR 434, A DTSTANCE OF {J,33 FEET; THENCE DEPARTING SAID BAS1!.UNE OF SURVEY SR 434 RUN NORTH 71 DEGREES 25'23" WF..5T,." DISTANCE OF 55.26 FEET TO THE POINr OF INTERSEC'J'lON Of' THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID FIRST STREET A."1D TIlES()UTHWE~'TERLYRlGHT-oF-WAY LINE OF SAID SR 434; TImNCE RUN SOI.;"1'H 38 DEGREF.8 32':d' EAST AI.ONG SAID som'HWr:sn:R.l.Y R1GHT-0I>'-WAY LIN.F. A DISTANCE OF 19(),84 FEET FOR A POINT OF BIWINNING; THENCE CONI1NUE SOL'TH 38 DEGREES 32'22" EAST ALONG SAID SOlJTHWES'I'ERt,Y Rlm-IT -OF-WAY llNF. Ol~ SR 434. A DlS'rANCE OF 20n.nO IIE.ET TO nm EAsrC:RNMOST COMER OF SAID LOT I; THENCE DEPAR11NG SAm SOln'HWFZl'ERl.Y RIGHT-OF-WAY LINE OF SR 4.14 RUN SOUTH 51 DEGREES 27'38" WEST ALONG THE SOtJ1'HEASTERLY LINE OF LO'!' 1 A DlS'l'ANCE OF 22.70 FEET; TH&'I1CE DEPARTING SAID SOL~IIiEASTERLY LINE OF LOT 1 RUN NORTH 38 DEGREES 43'16" WEST. A DISTk'lCE OF 200.00 FEET; THENCE RUN NORTH 51 DEGREES 2138" EAST, A DISTANCE OF 23.33 FEET TO TIlE POu."1' OF BEGINNING. ALSO loESS AND EXCEIY.!' FROM THE ABOYI': I..'\NDS THAT PORTION TAKlrn FOR ROAD RrGHT-OF-WAY FOR STATE ROAD 434 BY THE STATE OF FLORIDA. DEPARTMENT OF TRANSPORTATION. BY VIRTUE OF THAT CERTAIN millER OF TAKING RECORDED QCl'OllER 3.1994 IN OFFICIAL RECORDS BOOK 2R31, PAGE 1024, OFTHE PUBLIC RECORD~ OR SF.MtNOl.F. COUNTY, FLORIDA, BEING ONLY OESCRIHED AS: A PAIr!' OF LO'I' 1 OF .IOE E. ,JOHNS'rON'S SURVEY AS RECOlillED IN DEED BOOK 147, PAGE 221. OF THE PUBlJC RECORDS OF S[.:MlNOI.E COlJN'l'Y, FLORIlJA, ALSO BEING A PART OFTHE UNNUMBERED LOT IN BLOCK n, D.R. MITCHELL'S SURVEY OF THE LEVY GRA~""", ACCORDING TO TIlE PLATTHEREOF, AS RECORDED IN PLAT BOOK I, PAGE 5. OF THE PUBLIC RECORDS OF SEMINOLE COU1\lY, FLORIDA. I- ~~ >< W .salqql!l