HomeMy WebLinkAbout2006 06 12 Regular 300 Development Colonial Bank
CITY COMMISSION
June 12.2006
Meeting
Consent
Information
Public Hearing
Regular X
ITEM 300
I ",MGR. -./1 IDEPT
Authorization
REQUEST: The Community Development Department- Planning Division requests that the
Commission consider the Amendment to the Development Agreement for Colonial Bank located
on the southwest comer ofSR 434 and Vistawilla Drive, on Lot 3 (out-parcel No.1) ofTuscawilla
Tract 15-Parcell-C (former Kash 'n Karry shopping center, now Metro Church) and the associated
Warranty Deed for the Deceleration Turn Lane on SR 434.
PURPOSE: The purpose of this Agenda Item is to request that the City Commission approve
the Colonial Bank Amendment to the Development Agreement and associated Warranty Deed
for the Deceleration Turn Lane.
APPLICABLE LAW AND PUBLIC POLICY:
Ordinance 2003-43, Aesthetic Review Standards, City of Winter Springs
Section 9-601. Approval prerequisite for permits.
Section 9-605. Submittal requirements.
City of Winter Springs Code of Ordinances Section 20-470 Signs
Developer's Agreement on Tuscawilla Tract 15 Parcel l-C between Robert Yeager and Zimmer Development
Company, recorded Jan 14, 1999 in Book 3574, Page 0532
CHRONOLOGY:
Jan. 14, 1999- Developer's Agreement on Tuscawilla Tract 15 Parcel 1-C between Robert Yeager and
Zimmer Development Company, recorded Jan 14, 1999 in Book 3574, Page 0532
Mar. 13,2006- Final Engineering Approved
Apr. 24. 2006- Aesthetic Review Approval
CONSIDERATIONS:
The Aesthetic Review package was approved subject to the signage deviations being addressed in
a future Development Agreement. The attached Development Agreement memorializes these
deviations. In addition, the Development Agreement addresses land to be conveyed for a future
right turn lane off of SR 434 onto Vistawilla Drive which is conveyed in the associated Warranty
Deed, also attached.
April 24, 2006
Regular Item 304
Page 2 of2
The parcel is subject to development conditions described in an existing Development
Agreement for Tuscawilla Tract 15 Parcel l-C. The existing Agreement regulates the style and
height of the monument signage for the Colonial Bank out parcel, providing consistency with the
former Kash 'n Karry site. The proposed signage is in compliance with this criteria. The
existing Agreement also regulates the location of the monument signage. The location in the
current Developer's Agreement conflicts with the turn lane that will be installed. The
Modification to the Development Agreement allows the monument signage to be located 2' from
the proposed north property line so that the sign remains visible while retaining the existing plant
material along the perimeter of the site.
The existing Development Agreement allows a variance to the height of the building signage for
the Kash n Karry buildings; however, no height variance is included in the Agreement for the
Colonial Bank out parcel. A variance is appropriate given the height of the adjacent signage and
the architecture of the bank, which includes a tower feature over the entrance where the signage
is located. The Amendment to the Development Agreement allows the building signage to be
located at a height of 19' -6" rather than the 14' allowed in section 20-4 70(4)d of the code.
A 48" logo is depicted and incorporated into the architecture on the front and rear of the building.
It is depicted at 48" and the Code states a maximum height for both text and logos to be 24".
The Development Agreement allows the front and rear logo to be in addition to the maximum
copy area allowed (16 SF) on the front of the building under Code Section 20-470 (4)f.
Staff supports the Amendment to the Development Agreement for Colonial Bank and believes
that its implementation will enhance the area and the SR 434 corridor.
STAFF RECOMMENDATION: Staff recommends that the Commission approve the
Amendment to the Development Agreement for Colonial Bank and the Warranty Deed for the
conveyance of the Turn Lane on SR 434.
ATTACHMENTS:
A Amendment to the Development Agreement for Colonial Bank
B Warranty Deed for Deceleration Turn Lane
COMMISSION ACTION:
2
ATTACHMENT A
Prepared by and Return to:
Katherine W. Latorre, Esq.
Winter Springs Assistant City Attorney
Brown, Garganese, Weiss & D'Agresta, P.A.
P.O. Box 2873
Orlando, FL 32802-2873
(407) 425-9566
AMENDMENT TO DEVELOPER'S AGREEMENT
FOR COLONIAL BANK
THIS AMENDMENT TO DEVELOPER'S AGREEMENT FOR COLONIAL BANK,
made and executed this day of , 2006, by and between the CITY OF
WINTER SPRINGS, a Florida municipal corporation ("City") whose address is 1126 East State
Road 434, Winter Springs, Florida 32708, and COLONIAL BANK, N.A., a National Association
("Colonial Bank") whose address is 2127 West State Road 434, Longwood, Florida 32750.
WITNESSETH
WHEREAS, Colonial Bank is the owner of certain real property located within the City of
Winter Springs, Florida, more particularly described herein ("Subject Property") by virtue of
Warranty Deed recorded in Seminole County Official Record Book 05171, Page 1935; and
WHEREAS, Colonial Bank desires to construct a commercial bank branch on the Subject
Property; and
WHEREAS, the Subject Property is part of Tuscawilla Tract 15 Parcell-C, and is subject
to a Developer's Agreement for Tuscawilla Tract 15 Parcel l-C, which is recorded in Seminole
County Official Record Book 3574, Page 0529 ("Developer's Agreement"); and
WHEREAS, as the successor in interest to the Subject Property, Colonial Bank's
development of its commercial bank branch is bound by and subject to the terms of the Developer's
Agreement; and
WHEREAS, the City and Colonial Bank desire to amend said Developer's Agreement only
with regard to the Subject Property to address the development of the Colonial Bank branch to be
constructed on the Subject Property; and
WHEREAS, Colonial Bank desires to convey a certain portion of the Subject Property to
the City to facilitate the City's construction of a right-turn deceleration lane; and
AMENDMENT TO DEVELOPER'S AGREEMENT FOR COLONIAL BANK
CITY OF WINTER SPRINGS / COLONIAL BANK, N.A.
PAGE I OF 8
WHEREAS, in consideration for such conveyance, and pursuant to section 9-386.11 of the
City Code, the City desires to grant to Colonial Bank a reduction in the transportation impact fees
assessed to Colonial Bank for the development of the Subject Property; and
WHEREAS, the Developer's Agreement restricts the location of Colonial Bank's monument
sign to a certain location on the Subject Property; and
WHEREAS, the parties desire to amend the Developer's Agreement with regard to the
location of the monument sign because the location designated for the monument sign has become
impractical given Colonial Bank's impending conveyance ofland to the City for the construction of
the right-turn deceleration lane; and
WHEREAS, the City and Colonial Bank desire to memorialize in writing their mutual
understanding regarding certain aspects of the development of the property under the terms and
conditions set forth in this Amendment to Developer's Agreement for Colonial Bank ("Agreement");
and
WHEREAS, in addition to Colonial Bank's compliance with all provisions of the
Developer's Agreement, City Codes, permitting and construction not in conflict with or addressed
herein, the City and Colonial Bank desire to set forth the following special terms and conditions.
NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements
set forth and other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the parties agree to amend the Developer's Agreement as follows:
1.0 Recitals. The foregoing recitals are hereby incorporated herein by this reference
and deemed a material part of this Agreement.
2.0 Authority. This Agreement is entered into pursuant to the Florida Municipal
Home Rule Powers Act.
3.0 Subject Property. The Subject Property which is subject to, and bound by, the
terms and conditions of this Agreement is legally described as follows:
LOT 3, TUSCAWILLA TRACT 15 PARCEL 1-C,
ACCORDING TO THE PLAT THEREOF, AS RECORDED IN
PLAT BOOK 56, PAGES 29 THROUGH 32, PUBLIC
RECORDS OF SEMINOLE COUNTY, FLORIDA.
4.0 Representations of Colonial Bank. Colonial Bank hereby represents and warrants
to the City that Colonial Bank 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
AMENDMENT TO DEVELOPER'S AGREEMENT FOR COLONIAL BANK
CITY OF WINTER SPRINGS / COLONIAL BANK, N.A.
PAGE20F8
the execution, delivery and performance ofthis Agreement. This Agreement will, when duly
executed and delivered by Colonial Bank and recorded in the public records of Seminole
County, Florida, constitute a legal, valid and binding obligation enforceable against Colonial
Bank and the Subject Property in accordance with the terms and conditions of this
Agreement. Colonial Bank represents it has voluntarily and willfully executed this
Agreement for purposes of binding the Subject Property to the terms and conditions set forth
in this Agreement.
5.0 Obli~ations and Commitments.
5.1 Right- Turn Deceleration Lane Property Conveyance.
5.1.1 Conveyance to City. Simultaneous to the execution of this
Agreement, Colonial Bank shall, by way of separate warranty deed, convey
to the City, a certain portion of the Subject Property totaling One Thousand
Seven Hundred Fourteen and 09/100 square feet (1 ,714.09 square feet) for the
City to construct a right-turn deceleration lane from eastbound State Road
434 onto Vistawilla Drive ("Deceleration Lane Property"). The Deceleration
Lane Property is more particularly depicted and legally described in Exhibit
"A," attached hereto and fully incorporated herein by this reference.
5.1.2 Consideration. As consideration for Colonial Bank's conveyance of
the Deceleration Lane Property to the City, the City shall, pursuant to section
9-386.11, Winter Springs City Code, grant a reduction in the transportation
impact fees assessed to Colonial Bank for the Subject Property in the amount
of Nineteen Thousand Nine Hundred Fifty-Two Dollars and 00/1 00
($19,952.00).
5.2 Location of Monument Sign. Pursuant to section 20-490, Winter Springs City
Code, the City agrees to vary the signage restrictions by allowing Colonial Bank to
erect one (1) monument sign on the Subject Property two feet (2') from the proposed
north property line, as depicted and approved by the City Commission during its
aesthetic review for Colonial Bank on April 24, 2006. The design and construction
of Colonial Bank's monument sign shall otherwise comply with the provisions of
section 3 of the Developer's Agreement and all other applicable City Codes
including, but not limited to, section 20-470, Winter Springs City Code.
5.3 Building Signage. Pursuant to section 20-490, Winter Springs City Code, the
City agrees to vary the building signage restrictions as follows;
5.3.1 Building Mounted Single Tenant Identification Sign. Colonial Bank
shall erect one (1) building mounted single tenant identification sign on the
AMENDMENT TO DEVELOPER'S AGREEMENT FOR COLONIAL BANK
CITY OF WINTER SPRINGS / COLONIAL BANK, NA
PAGE 3 OF 8
Colonial Bank building. Said sign shall not exceed nineteen feet six inches
(19' 6") in height when measured from the ground to the top of said sign.
Further, said sign shall be consistent with the City Commission's approval
during its aesthetic review for Colonial Bank on April 24, 2006.
5.3.2 Embossed Logo Signs. Colonial Bank shall erect two (2) embossed
logo signs, which shall be incorporated into the architecture of the Colonial
Bank building and which shall be consistent with the City Commission's
approval during its aesthetic review for Colonial Bank on April 24, 2006.
One (1) sign shall be located on the north/front of the building and one (1)
sign shall be located on the south/rear on the building. Said signs shall not
exceed forty-eight inches (48") in size. Further, the size of said signs shall
not be included in the maximum copy area allowed for the building under
section 20-470(4)(f), Winter Springs City Code.
6.0 Successors and Assiens. This Agreement shall automatically be binding upon and
shall inure to the benefit of the successors and assigns of each of the parties.
7.0 Applicable Law. This Agreement shall be governed by and construed in accordance
with the laws of the State of Florida.
8.0 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.
9.0 Entire Aereement. This Agreement supersedes any other agreement, oral or written,
and contains the entire agreement between the City and Colonial Bank as to the subject
matter hereof.
10.0 Severability. If any provision of this Agreement shall be held to be invalid or
unenforceable to any extent by a court of competent jurisdiction, the same shall not affect in
any respect the validity or enforceability of the remainder of this Agreement.
11.0 Effective Date. This Agreement shall become effective upon approval by the City
of Winter Springs City Commission and execution of this Agreement by both parties.
12.0 Recordation. This Agreement shall be recorded in the public records of Seminole
County, Florida, and shall run with the land.
13.0 Relationship of the Parties. The relationship of the parties to this Agreement is
contractual and Colonial Bank 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
AMENDMENT TO DEVELOPER'S AGREEMENT FOR COLONIAL BANK
CITY Of WINTER SPRINGS I COLONIAL BANK, N.A.
PAGE 4 OF 8
persons or the public in any manner which would indicate any such relationship with the
other.
14.0 Soverei~n Immunity. Notwithstanding any other provision set forth in this
Agreement, nothing contained in this Agreement shall be construed as a waiver ofthe City's
right to sovereign immunity under section 768.28, Florida Statutes, or other limitations
imposed on the City's potential liability under state or federal law. As such, the City shall
not be liable under this Agreement for punitive damages or interest for the period before
judgment. Further, the City shall not be liable for any claim or judgment, or portion thereof,
to anyone person for more than one hundred thousand dollars ($100,000.00), or any claim
or judgment, or portion thereof, which, when totaled with all other claims or judgments paid
by the State or its agencies and subdivisions arising out of the same incident or occurrence,
exceeds the sum of two hundred thousand dollars ($200,000.00). This paragraph shall
survive termination of this Agreement.
15.0 City's Police Power. Colonial Bank 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.
16.0 Interpretation. The parties hereby agree and acknowledge that they have both
participated equally 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.
17.0 Third Party Riehts. 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.
18.0 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 obtained by suit in equity.
19.0 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.
20.0 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 ofthis
Agreement. The failure of this Agreement to address any particular City, County, State
and/or Federal permit, condition, term or restriction shall not relieve Colonial Bank or the
City of the necessity of complying with the law governing said permitting requirement,
condition, term or restriction. Without imposing any limitation on the City's police powers,
AMENDMENT TO DEVELOPER'S AGREEMENT FOR COLONIAL BANK
CITY OF WINTER SPRINGS / COLONIAL BANK, N.A.
PAGE 5 OF 8
the City reserves the right to withhold, suspend, or terminate any and all certificates of
occupancy, special exception, occupational license, or other permit of any kind whatsoever
for any building or unit if Colonial Bank is in breach of any term or condition of this
Agreement.
21.0 Continuin~ Effect of Developer's Aereement. All other provisions of the
Developer's agreement not otherwise modified by this Agreement shall remain in full force
and effect with respect to the Subject Property.
IN WITNESS WHEREOF, the parties have executed this Binding Development Agreement
as of the date first written above.
[EXECUTION PAGES FOLLOW]
AMENDMENT TO DEVELOPER'S AGREEMENT FOR COLONIAL BANK
CITY OF WINTER SPRINGS I COLONIAL BANK, N.A.
PAGE60F8
ATTEST:
ANDREA LORENZO-LUACES,
City Clerk
APPROVED AS TO FORM AND LEGALITY
. For the use and reliance of the City of
Winter Springs, Florida only.
Dated:
By:
Anthony A. Garganese,
City Attorney for the City of Winter Springs
CITY OF WINTER SPRINGS,
a Florida municipal corporation.
JOHN F. BUSH,
Mayor
AMENDMENT TO DEVELOPER'S AGREEMENT FOR COLONIAL BANK
CITY OF WINTER SPRINGS / COLONIAL BANK, N.A.
PAGE 7 OF 8
WITNESSES:
COLONIAL BANK, N.A.
a National Association.
Print Name:
G. Hunt Dawkins,
Area President/Retail Banking
Print Name:
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this day of
2006, by G. Hunt Dawkins, as Area PresidentIRetail Banking of Colonial Bank, N.A., a National
Association, [ ] who is personally known to me or [ ] who has produced
as identification.
NOTARY PUBLIC, State of Florida
My commission expires:
AMENDMENT TO DEVELOPER'S AGREEMENT FOR COLONIAL BANK
CITY OF WINTER SPRINGS I COLONIAL BANK, N.A.
PAGE 8 OF 8
LEGAL DESCRIPTION
THIS IS NOT A SURVEY
EXHIBIT
I VAll
LEGAL DESCRIP770N
A STRIP OF LAND BEING A POR77ON OF LOT.J, TUSCA mLLA TRACT 15 PARCEL 1-C,
ACCORDING TO THE PLA T THEREOF; AS RECORDED IN PLA T BOOK 56, PAGES 29
THROUGH 32, PUBUC RECORDS OF SEMINOLE COUNTY, FLORIDA, BEING
DESCRIBED AS FOLL OJY.S:'
COMMENCE AT THE NORTHWEST CORNER OF SAID LOT 3 FOR A POINT OF
BEGINNING; THENCE RUN SOUTH 89"49'07- EAST, ALONG THE NORTH LINE OF SAID
LOT 3. A DISTANCE OF 210.69 FEET TO THE NORTHEAST CORNER OF SAID LOT 3,.
THENCE RUN SOUTH 00"27'38- WEST, ALONG THE EAST LINE OF SAID LOT.J, A
DISTANCE OF 26.40 FEET,. THENCE, DEPAR77NG SAID EAST LINE, RUN NORTH
4512'03" NEST. 27.26 FEET.. THENCE RUN NORTH 89"49'07- HEST. 191.15 FEET TO A
POINT LYING ON THE WEST LINE OF SAID LOT 3,' THENCE RUN NORTH 0010'53-
EAST, ALONG SAID WEST LINE, 7.25 FEET TO THE POINT OF BEGINNING.
THE ABO~ DESCRIBED STRIP OF LAND LIES IN THE CITY OF WINTER SPRINGS,
SEMINOLE COUNTY, FLORIDA AND CONTAINS 1,714 SQUARE FEET, MORE OR
LESS.
SURVEYOR'S NOTES:
(1) THIS LEGAL DESCRIP770N IS NOT VALID UNLESS IT BEARS THE SIGNA TURE
AND ORIGINAL RAISED SEAL OF THE FLORIDA LICENSED SURVEYOR AND
MAPPER IDEN77AED BELOW.
(2) NO ABSTRACT FOR RIGHTS-OF-WA Y, EASEMENTS, OWNERSHIP OR OTHER
INSTRUMENTS OF RECORD HAVE BEEN PROVIDED TO THIS ARM.
(3) BEARINGS SHOWN HEREON ARE ASSUMED RELA 7711E: TO THE NORTH LINE
OF LOT 3. TUSCA WILLA TRACT 15 PARCEL 1-C, ACCORDING TO THE PLA T
THEREOF, AS RECORDED IN PLA T BOOK 56, PAGES 29 THROUGH 32, PUBLIC
RECORDS OF SEMINOLE COUNTY, FLORIDA, BEING SOUTH 89"49'07" EAST.
(4) THE "LEGAL DESCRIP770N" HEREON HAS BEEN PREPARED BY THE
SUR~YOR A T THE CLIENT'S REQUEST. ~
(s) THIS SKETCH DOES NOT REPRESENT A FIELD SURVEY, AS SUCH. 5
(6) THE DELlNEA 770N OF LANDS SHOWN HEREON IS AS PER THE C/JEN ~ ~
INSTRUCTIONS. ft ~ . ~
, .\ i
DA VlD A. WHITE; P.S.M. \. C5
FLORIDA REGISTRA 770N N . l::::
cs
PROFESSIONAL ENGINEERIN CONSUL rANTs, INC. Cj
CERTlFlCA TE OF AUTHORIZA T10N NO. LB-3556 :s.
DA TE OF SIGNA TURE: JANUARY 26, 2006 ~
PEe I ~~~fJ!~ONAL ENGI~~!.!~~ CONSULT~~~~y~~.
CERTIFICATE OF AUTHORIZATION NUMBER LB 3556
SUit. 1560 Cola PGrlt eMt,.. . 200 Coat Robin..", St,...t . Orlando. Florida 32801 . 407/422-8062
SECllON 8. TOWNSHIP 21 SOUTH. RANGE 31 EAST
.....
\..)
"'(
e::
"'C
-..J
~
G
~
SHEET 1 OF' 2
DAlE: 1-23-06
PREP BY: J.L.U.
ORA"'" BY: U. T.
JOB NO:
COl.-Ot
.<:::i
LEGAL DESCRIPTION
STA TE ROAD NO. 434
(R/w ItIOTH VAR/f"S)
P.QS.
NW. CORNER
LOT .J
P.B. 56. P(;$. 29-32)
210.69-
~"'-&II!:: LINE
(.) ~
~ ~ln N
~C'i 7
~'" III
~ ~
~
~
~
~N
Q:"'i
I
lJ)~
~-.
h..h..~
C)(.)~
-..J~~
Cti
~~
-....J
~
~
G
~
~
CI:\
!(
-.;:.
'"
....
t)
...
~
....
~
P. 0-8. - POINT OF B€GtNNINC
R/W - RIGHT-OF-WAY
ORB - OFFICIAL RCCOROS BOOK
PB - PLA T BOOK
PG - PACE
SO FT - SQUARe FFCT
S89'"49-07T
N89"49-0rW
1714 SQ. FT.%
191.15- SI(;N EASEJlENT
(O-R.B. 29og, PG.. 1671)
N4572-03.W
27.26-
LOT 3
TUSCA mLLA TRACT 15 PARCEL 1-C
(P.8. 56. PGs. 29-32)
SHEET 2 OF 2
SEE SHEET 1 OF 2 FOR
LEGAL DESCRIPllON AND SURVEYOR'S NOTES
"'~
....1
~~
~~
l;;~
i:iCl:\
!(
-.:.
SCALE
," = 40'
~
ii:~
t::Sc!.
...
~~
~-:
...
~CI:\
~!(
~"
THIS IS NO T A SUR l-EY
PIE C I ~~~:.~ONAL [NGI~f,En~~ CONSULTA~~~~~.
CtRTlFICATt OF AUTHORIZATION NUMBtR LB 3556
Suite 1560 . EtlID PDrlt e."tr. . 200 East RoblnstJII Stre.t . Q1anda. F1rxfda 32801 . -4(J7/422-8062
SEClION 8. TOYltSHIP 21 SClUlH. RANGE 31 EAST
DA~ 1-23-06
PREP BY: J.LlI.
DRAWN BY: aI.T.
JOB NO:
COL-01
~
Cl
...j
G
l<J
-.I
~
Q::
-.I
~
g
CS
c:s
"<(
-
'0
-
~
(..)
~
~
"<(
-.I
~
G
~
C:i
ATTACHMENT 8
Prepared by and return to:
Katherine W. Latorre, Esquire
Winter Springs Assistant City Attorney
Brown, Garganese, Weiss & D'Agresta P.A.
Post Office Box 2873
Orlando, Florida 32802-2873
(407) 425-9566
WARRANTY DEED
THIS WARRANTY DEED executed this day of , 2006, by COLONIAL
BANK, N.A" a National Association, whose address is 2127 West State Road 434, Longwood, Florida
32750 (hereinafter called "GRANTOR"), to CITY OF WINTER SPRINGS, FLORIDA, a Florida
Municipal Corporation, whose address is 1126 East State Road 434, Winter Springs, Florida 32708
(hereinafter called "GRANTEE").
(Wherever used herein the terms "grantor" and "grantee" include all the parties to this
instrument and the heirs, legal representatives and assigns of individuals, and the successors
and assigns of corporations.)
WIT N E SSE T H:
THA T GRANTOR, for and in consideration of the sum of Ten and 00/100 ($ I 0.00) Dollars and
other good and valuable consideration, the receipt of which is hereby acknowledged, hereby grants, bargains,
sells, aliens, remises, releases, conveys and confirms unto GRANTEE, its successors and assigns, all that
certain land situated in Seminole County, Florida, and being more particularly depicted and legally described
on:
Exhibit "A" attached hereto and fully incorporated herein by this reference.
TOGETHER WITH all of the tenements, hereditaments and appurtenances thereto belonging or in
anywise appertaining to, including all of GRANTOR'S rights, title and interest in and to all public ways
adjoining the said land.
TO HAVE AND TO HOLD, the same in fee simple forever, subject, however, to the following:
1. All real estate taxes, special assessments and ad valorem taxes levied, payable or assessed
against the land herein conveyed subsequent to 2005; and
2. Zoning, restrictions, prohibitions and other requirements imposed by governmental
authority; and
3. Matters of public record; and
4. Any adverse ownership claim by the State of Florida, by right of sovereignty to any portion
of the lands hereunder, including submerged, filled, and artificially exposed lands and
accreted to such lands; and
WARRANTY DEED
COLONIAL BANK, N.A. I CITY OF WINTER SPRINGS
PAGE 1 OF 2
5. State road right reservations, if any; and
6. Oil, gas and mineral right reservations, if any; and
7. Matters of the Plat of the TUSCA WILLA TRACT IS PARCEL I-C, Plat Book 56, Pages
29-32, Public Records of Seminole County, Florida.
AND GRANTOR hereby covenants with GRANTEE that GRANTOR is lawfully seized of said land
in fee simple; that said land is free of all encumbrances except the matters hereinabove mentioned to which
this deed is made subject; and that GRANTOR has good right and lawful authority to sell and convey said
land and hereby fully warrants the title to said land and will defend the same against the lawful claims of all
persons whomsoever.
AND the subject property is not the homestead property of the GRANTOR.
IN WITNESS WHEREOF, GRANTOR has hereunder set its hand and seal the day and year first
above written.
Signed, sealed and delivered
in the presence of:
COLONIAL BANK, N.A.
G. Hunt Dawkins, Area PresidentJRetail Banking
STATE OF
COUNTY OF
I HEREB Y CERTIFY that on th is day, before me, an officer duly authorized in the State and County
aforesaid to take acknowledgments, personally appeared G. Hunt Dawkins, Area PresidentIRetail
Banking, of Colonial Bank, N.A. 0 to me known personally to be the person described in the foregoing
instrument, or 0 who has produced as identification. He has acknowledged
before me that he executed the same for the purposes set forth herein, and he did not swear an oath.
WITNESS my hand and official seal in the State and County last aforesaid this _ day of
,2006.
(Notary Seal)
NOTARY PUBLIC
My Commission Expires:
WARRANTY DEED
COLONIAL BANK, N.A. / CITY OF WINTER SPRINGS
PAGE20F2
LEGAL DESCRIPTION
THIS IS NOT A SURVEY
EXHIBIT
I
\ ,~ J /
J-\
LEGAL DESCRIPllON
A STRIP OF LAND BEING A PORnON OF LOT 3, TUSCA mLLA TRACT 15 PARCEL 1-C,
ACCORDING TO THE PLA T THEREOF, AS RECORDED IN PLA T BOOK 56, PAGES 29
THROUGH 32, PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, BEING
DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHWEST CORNER OF SAID LOT 3 FOR A POINT OF
BEGINNING; THENCE RUN SOUTH 89'49'07" EAST, ALONG THE NORTH LINE OF SAID
LOT 3, A DISTANCE OF 210.69 FEET TO THE NORTHEAST CORNER OF SAID LOT 3,'
THENCE RUN SOUTH 00"27'38" HEST, ALONG THE EAST LINE OF SAID LOT 3, A
DISTANCE OF 26.40 FEET,' THENCE, DEPARTING SAID EAST LINE, RUN NORTH
45"12'03" WEST, 27.26 FEET,' THENCE RUN NORTH 89'49'07" WEST. 191.15 FEET TO A
POINT LYING ON THE WEST LINE OF SAID LOT 3,' THENCE RUN NORTH 00"10'53"
EAST, ALONG SAID Hf"ST LINE, 7.25 FEET TO THE POINT OF BEGINNING.
THE ABOVf" DESCRIBED STRIP OF LAND LIES IN THE CITY OF WINTER SPRINGS.
SEMINOLE COUNTY, FLORIDA AND CONTAINS 1,714 SQUARE FEET, MORE OR
LESS.
SURVEYOR'S NOTES:
(1) THIS LEGAL DESCRIPTION IS NOT VALID UNLESS IT BEARS THE SIGNA TURE
AND ORIGINAL RAISED SEAL OF THE FLORIDA LICENSED SURVEYOR AND
MAPPER IDENTIFIED BELOW.
(2) NO ABSTRACT FOR RICHTS-OF-WA Y, EASEMENTS. OWNERSHIP OR OTHER
INSTRUMENTS OF RECORD HA VE BEEN PROVIDED TO THIS FIRM.
(3) BEARINGS SHOWN HEREON ARE ASSUMED RELA TlVf" TO THE NORTH LINE
OF LOT 3, TUSCAmLLA TRACT 15 PARCEL 1-C, ACCORDING TO THE PLAT
THEREOF, AS RECORDED IN PLA T BOOK 56, PAGES 29 THROUGH 32, PUBLIC
RECORDS OF SEMINOLE COUNTY, FLORIDA, BEING SOUTH 89'49'07" EAST.
(4) THE "LEGAL DESCRIPTION" HEREON HAS BEEN PREPARED BY THE
SURVf"YOR A T THE CLlENrs REOUEST. ~
(5) THIS SKETCH DOES NOT REPRESENT A FIELD SURVEY, AS SUCH ~
(6) THE DELlNEA nON OF LANDS SHOWN HEREON IS AS PER THE eVEN ~ ~
INSTRUCllON5. ft (' ~
~ .\ ~
DA V1D A. WHITE, P.S.M. " . ~
FLORIDA REGISTRA TlON N . i::::
Cs
PROFESSIONAL ENGINEERliV CONSUL fANTS. INC. Cl
CERTlFICA TE OF AUTHORIZA TlON NO. LB-3556 .5-
DA TE OF SIGNA TURE: JANUARY 26, 2006 ~
SHEET 1 OF 2
PEe I ~~~fn~~~~NAL ENGI~~!n~~~ CONSULT~~~~y~~'
CERTIFICATE OF AUTHORIZATION NUMBER LB 3556
SUite '560 Co/a Parle Centre . 200 Cent Robfn."" Stre.t . Orlondo, FlorldG 32801 . 407/422-8DB2
....
~
~
SECllON 8, TOWNSHIP 21 SOUlH, RANGE 31 EAST
~
-..J
~
~
~
DATE: 1-23-06
PREP BY: J.LIol.
DRAWN BY: Y. T.
J08 NO:
COl.-Ol
Ci
~TH~
(.) ~
J.. ~1n II
C)t'Ili I
to- " III
~ ~
~
II)
~
~
....
o
...
~
'5
Q:::
~N
Q:"i
I
l.t)~
~--
h.h.tJ
C)(.)~
~~~
Cl:i
""~
~
~
~
G
~
~
~
....
~
P. as. - POINT OF BEGINNING
R/W - RIGHT-OF-WAY
ORS - OFT1CIAL RECOROS BOOK
P8 - PLAT 800K
PC - PAGE
so FT - SOUARE n:t:T
N89-"9'OrW
1714 SQ. FT.r
NORTH LINE. LOT.J
.8. ~ PGs. 29-'>>) ~
a
~~
~~
~~
~
ii:~
~c!.
...
~~
...
~II)
~~
~'-
LEGAL DESCRIPTION
STA TE ROAD NO. 4.J4
(R/W IftDTH VARES)
S89.49'07"E
210.69'
191.15' SIGN EASDlENT
(aR.B. 2909, PC. 1671)
N4572'03"W
27.26'
LOT 3
TUSCA WILLA TRACT 15 PARCEL l-C
(P.8. 56, PGS. 29-32)
SHEET 2 OF 2
SEE SHEET 1 OF 2 FOR
LEGAL DESCRIPll0N AND SURVEYOR'S NOTES
PEe
~~
....1
~Ill
wI':!
~it
.......
~:
!l.:
"'"
SCALE
1" = 40'
~
~
~
~
l<J
-..J
~
Q;:
-J
~
()
j::::
1;5
~
""
~
....
I.)
~
THIS IS NOT A SURVEY
I
PROFESSIONAL ENGINEERING CONSULTANTS, INC.
engineers planners surveyors
CERTIFICATE OF AUTHORIZATION NUMBER LB 3556
200 East RoblnSOll str..t . OrlOlldo, Florida :12801 . 407/422-8062
SUflll
'560 . Eo/II PGrlt Centre
DATE: 1-23-06
SECllON 8, TOWNSHIP 21 SOUTH, RANGE 31 EAST
PREP BY: J.U.t.
DRAWN BY: "'.T.
JOB NO:
COI.-O!
""
-..J
~
ij
2
C:i
i Iili 11 III ii 111 II 111 it 111 Ii Iil it 111 II III II III II III II III I IIII
Prepared by and return to:
Katherine W. Latorre, Esquire
Winter Springs Assistant City Attorney
Brown, Garganese, Weiss & D'Agresta P.A.
Post Office Box 2873
Orlando, Florida 32802-2873
(407)425-9566
MARYANNE MORSE, CLERK DF CIRCUIT COURT
SEMINDLE COUNTY
BK 06313 Pgs 1920 - 1923; (4pgs)
CLERK'S # 2006105292
RECORDED 07/05/2006 04:31:24 RM
DEED DOC TAX 0.70
RECORDING FEES 35.50
RECORDED BY H Bailey
WARRANTY DEED
THIS WARRANTY DEED executed this LAC. day of~~_, 2006, by COLONIAL
BANK, N.A., a National Association, whose address is 2127 West State Road 434, Longwood, Florida
32750 (hereinafter called "GRANTOR"), to CITY OF WINTER SPRINGS, FLORIDA, a Florida
Municipal Corporation, whose address is 1126 East State Road 434, Winter Springs, Florida 32708
(hereinafter called "GRANTEE").
(Wherever used herein the terms "grantor" and "grantee" include all the parties to this
instrument and the heirs, legal representatives and assigns of individuals, and the successors
and assigns of corporations.)
WITNESSETH:
THAT GRANTOR, for and in consideration of the sum of Ten and 00/100 ($10.00) Dollars and
other good and valuable consideration, the receipt ofwhich is hereby acknowledged, hereby grants, bargains,
sells, aliens, remises, releases, conveys and confirms unto GRANTEE, its successors and assigns, all that
certain land situated in Seminole County, Florida, and being more particularly depicted and legally described
on:
Exhibit "A" attached hereto and fully incorporated herein by this reference.
TOGETHER WITH all of the tenements, hereditaments and appurtenances thereto belonging or in
anywise appertaining to, including all of GRANTOR'S rights, title and interest in and to all public ways
adjoining the said land.
TO HAVE AND TO HOLD, the same in fee simple forever, subject, however, to the following:
l . All real estate taxes, special assessments and ad valorem taxes levied, payable or assessed
against the land herein conveyed subsequent to 2005; and
2. Zoning, restrictions, prohibitions and other requirements imposed by governmental
authority; and
3. Matters of public record; and
4. Any adverse ownership claim by the State of Florida, by right of sovereignty to any portion
of the lands hereunder, including submerged, filled, and artificially exposed lands and
accreted to such lands; and
WARRANTY DEED
COLONIAL BANK, N.A. /CITY OF WINTER SPRINGS
PAGE 1 OF 2
State road right reservations, if any; and
6. Oil, gas and mineral right reservations, if any; and
Matters of the Plat of the TUSCAWILLA TRACT 15 PARCEL 1-C, Plat Book 56, Pages
29-32, Public Records of Seminole County, Florida.
AND GRANTOR hereby covenants with GRANTEE that GRANTOR is lawfully seized of said land
in fee simple; that said land is free of all encumbrances except the matters hereinabove mentioned to which
this deed is made subject; and that GRANTOR has good right and lawful authority to sell and convey said
land and hereby fully warrants the title to said land and will defend the same against the lawful claims of all
persons whomsoever.
AND the subject property is not the homestead property of the GRANTOR.
IN WITNESS WHEREOF, GRANTOR has hereunder set its hand and seal the day and year first
above written.
Signed, sealed and delivered
in the presence of:
_/
5
STATE OF ~ o
COUNTY OF ~~ ,,fin : ~~ (-~
COLONIAL BANK, N.A.
G. Hunt Dawkins, reaPresident/RetailBanking
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County
aforesaid to take acknowledgments, ersonally appeared G. Hunt Dawkins, Area President/Retail
Banking, of Colonial Bank, N.A. to me known personally to be the person described in the foregoing
instrument, or ^ who has produced as identification. He has acknowledged
before me that he executed the same for the purposes set forth herein, and he did not swear an oath.
WITNESS my hand and official seal in the State and County last aforesaid this~day of
2006.
(Notary Seal)
O RY PUBLI
My Commission Expires:
,~}" ~ MELINDA J. gAI~R
?r~`- „~.,~,- MY COMMISSION # DD 280621
~` EXPIRES: January 29, 2008
r Public underwriters
~lfli~~ agrdedThruNorery
WARRANTY DEED
COLONIAL BANK, N.A. /CITY OF WINTER SPRINGS
PAGE 2 OF 2
LEGAL DESCRIPTION EXHIBIT
THIS lS NOT A SURVEY ~ , / ~
LEGAL DESCR/P770N
A STRIP OF LAND BEING A POR110N OF LOT 3, TUSCAWILLA TRACT 15 PARCEL 1-C,
ACCORDING TO 7NE PLAT THEREOF, AS RECORDED IN PLAT BOOK 56, PAGES 29
THROUGH 32, PUBL/C RECORDS OF SEM/HOLE COUNTY, FLORIDA, BEING
DESCR/BED AS FOLLOWS•
COMMENCE AT THE NORTHWEST CORNER OF SA/D LOT 3 FOR A POINT OF
BEGINNING; THENCE RUN SOUTH 89 49'07" £AST, ALONG THE NORTH LINE OF SAID
LOT 3, A DISTANCE OF 210.69 FEET TO THE NORTHEAST CORNER OF SAID LOT 3;
THENCE RUN SOUTH 0077'38` WFST, ALONG 7NE EAST L/NE OF SAID LOT 3, A
DISTANCE OF 26.40 FEET; THENCE, DEPARTING SA/D EAST L/NE, RUN NORTH
4572'03" WEST, 27.26 FEET,• THENCE RUN NORTH 89 49'07" WEST, 191.15 FEET TO A
PO/NT LYING ON INE WEST L/NE OF SA/D LOT 3,• THENCE RUN NORTH 0070'53`
EAST, ALONG SA/D WEST L/NE, 7.25 FEET TD THE POINT OF BEGINNING.
7NE ABOVE DESCR/BED STRIP OF LAND LIES IN 7NE CITY OF WINTER SPR/NGS,
SEM/HOLE COUNTY, FLOR/DA AND CONTA/NS 1, 714 SQUARE FEET, MORE OR
LESS
SURVEYOR'S NO1F"S•
(1) THIS LEGAL DESCR/PITON lS NOT VALID UNLESS lT BEARS 7NE SIGNATURE
ANO ORIG/NAL RAISED SEAL OF THE FLOR/DA LICENSED SURVEYOR AND
MAPPER IDENTIFIED BELOW.
(2) NO ABSTRACT FOR RlGH7~ OF-WAY, EASEMENTS, OWNERSHIP OR OTHER
INSTRUMENTS OF RECORD HA VE BEEN PROVIDED TO 7NlS F/RM.
(3) BEARINGS SHOWN HEREON ARE ASSUMED RELA771/E TO 7NE NORTH LINE
OF LOT 3, TUSCAWILLA TRACT 15 PARCEL 1-C, ACCORD/NG TO 7NE PLAT
THEREOF, AS RECORDED /N PLAT BOOK 56, PAGES 29 1NROUGH 32, PUBL/C
RECORDS OF SEMINOLE COUNTY, FLOR/DA, BE/NG SOUTH 89 49'07" EAST.
(4) 7NE "LEGAL DESCR/PT10N" HEREON HAS BEEN PREPARED BY 7NE
SURVEYOR A T THE CLIENT'S REQUEST. ~
(5) 7N/S SKETCH DOES NOT REPRESENT A F/ELD SURVEY, AS SUCH.
(6) 7NE DEL/NEA 710N OF LANDS SHOWN HEREON lS AS PER THE C/_/EN -~ W
lNS7RUCTIONS. ~~ (' t ~
l ~
DA V/D A. WHl7~ P. S.,M. a
FLOR/DA REGlS1RA710,"/ IL.~ \ . 44
PROFESS/ONAL ENG/NEER!!'d CONSUL )'AN1~', INC. o
CER 71FlCA 7~• OF AUTHOR/2A il'UN NO. LB-3556
DA 7F OF S/GNA 7URE.• JANUARY 26, 2006 ~
SHEET 1 OF 2 V
PEC PROFESSIONAL ENGINEERING CONSUItANTS, INC.
englnsers planners surveyors
CERTIFICATE OF AUTHORIZATION NUMBER LB 3556
SWb 1360 Edo Park C~ntr~ 200 East Robinson StrNt Ortondo, Florfob J?80f 407/J2?-806?
SEC110N S. TONMSHIP 21 SOUTt~, RANGE 31 EAST
I DATE 1-23-06 I PREP BY: J.L11. _ I DRAWN BY: M.T. I JOB N0: COL-01 '
LEGAL DESCRIPTION
~ ,_
r
V
~~
h ry
N"
~~ V
o~~
~~~
m
Q ~•
v
3
vJ
h
~.
h
0
O.B. STiI ~ ,ROA~O RND 434
coQwaP
Pis s9_Ja) S89'49'07'~ ?10.69'~(P"s~sa P`ci
N89'49'07"W 191.15' ~QR 16r~
1714 S4. FT.f N4572'03"W
27.26'
Lor 3
TUSCA WILLA TRACT 15 PARCEL 1-C
~~
~~
0
~~
~h
~~
v
:3
~~
~N
~'
ob
e,~
S ~..
SCALE
~^=4a'
P, A8. - PdNr a~ BEC!NN/NC
R/W - RK.Y/T--per-WAY
QRB - A'>7C7AL REGARDS BOAT
Pe - aAr soar
PC - PACE
SO FT - SOUAR£ FEET
O
~.I
V
W
v
3
SHEET 2 OF 2
SEE SHEET 1 OF 2 FOR Ty/S /S NOT A SURI/EY h
~IEGAI DESCRIP110N AND SURVEYOR'S NOTES
-,
U
PEC PROFESSIONAL ENGINEERING CONSULTANTS, INC.
engineers planners surveyors e
CERTIFICATE OF AUTNORIZATfaN NUMBER LB 3556
SL1te 1560 Eo/o Pwk Gnfro 200 faaf Robinaun Sfn~f Orlmda florfdo J2801 X07/422-8062 V
SECTION 8. TOWNSH~ 21 SOUT~i. RANGE 31 EAST ~
DATE: 1-23-D6 PREP BY: J.LM. ORAMN 8Y: 1A.T. J08 NO: COL-01
ii~uuuiuina~iiu~a~iuia~iini~ii~~~am~iiuiii~i
Prepared by and Return to:
Katherine W. Latorre, Esq.
Winter Springs Assistant City Attorney
Brown, Garganese, Weiss & D'Agresta, P.A.
P.O. Box 2873
Orlando, FL 32802-2873
(407)425-9566
MARYANNE MDRSE~ CLERK OF CIRCUIT CDURT
SEMINDLE COUNTY
BK 06313 Ppt 1924 - 19331 (10pps)
CLERK'S # 2006108293
RECORDED 07/0S/2006 04r31r~4 PM
RECORDIND FEES 86.50
RECORDED BY H Bailey
AMENDMENT TO DEVELOPER'S AGREEMENT
FOR COLONIAL BANK
THIS AMENDMENT TO DEVELOPER'S AGREEMENT FOR COLONIAL BANK,
made and executed this ZIQ~ day of J u NE , 2006, by and between the CITY OF
WINTER SPRINGS, a Florida municipal corporation ("City") whose address is 1126 East State
Road 434, Winter Springs, Florida 32708, and COLONIAL BANK, N.A., aNational Association
("Colonial Bank") whose address is 2127 West State Road 434, Longwood, Florida 32750 .
WITNESSETH
WHEREAS, Colonial Bank is the owner of certain real property located within the City of
Winter Springs, Florida, more particularly described herein ("Subject Property") by virtue of
Warranty Deed recorded in Seminole County Official Record Book 05171, Page 1935; and
WHEREAS, Colonial Bank desires to construct a commercial bank branch on the Subject
Property; and
WHEREAS, the Subject Property is part of Tuscawilla Tract 15 Parcel 1-C, and is subject
to a Developer's Agreement for Tuscawilla Tract 15 Parcel 1-C, which is recorded in Seminole
County Official Record Book 3574, Page 0529 ("Developer's Agreement"); and
WHEREAS, as the successor in interest to the Subject Property, Colonial Bank's
development of its commercial bank branch is bound by and subject to the terms of the Developer's
Agreement; and
WHEREAS, the City and Colonial Bank desire to amend said Developer's Agreement only
with regard to the Subject Property to address the development of the Colonial Bank branch to be
constructed on the Subject Property; and
WHEREAS, Colonial Bank desires to convey a certain portion of the Subject Property to
the City to facilitate the City's construction of a right-turn deceleration lane; and
AMENDMENT TO DEVELOPER'S AGREEMENT FOR COLONIAL BANK
CITY OF WINTER SPRINGS /COLONIAL BANK, N.A.
PAGE I OF 8
WHEREAS, inconsideration for such conveyance, and pursuant to section 9-386.11 of the
City Code, the City desires to grant to Colonial Bank a reduction in the transportation impact fees
assessed to Colonial Bank for the development of the Subject Property; and
WHEREAS, the Developer's Agreement restricts the location of Colonial Bank's monument
sign to a certain location on the Subject Property; and
WHEREAS, the parties desire to amend the Developer's Agreement with regard to the
location of the monument sign because the location designated for the monument sign has become
impractical given Colonial Bank's impending conveyance of land to the City for the construction of
the right-turn deceleration lane; and
WHEREAS, the City and Colonial Bank desire to memorialize in writing their mutual
understanding regarding certain aspects of the development of the property under the terms and
conditions set forth in this Amendment to Developer's Agreement for Colonial Bank ("Agreement");
and
WHEREAS, in addition to Colonial Bank's compliance with all provisions of the
Developer's Agreement, City Codes, permitting and construction not in conflict with or addressed
herein, the City and Colonial Bank desire to set forth the following special terms and conditions.
NOW, THEREFORE, inconsideration of the mutual promises, covenants and agreements
set forth and other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the parties agree to amend the Developer's Agreement as follows:
1.0 Recitals. The foregoing recitals are hereby incorporated herein by this reference
and deemed a material part of this Agreement.
2.0 Authority. This Agreement is entered into pursuant to the Florida Municipal
Home Rule Powers Act.
3.0 Subiect Property. The Subject Property which is subject to, and bound by, the
terms and conditions of this Agreement is legally described as follows:
LOT 3, TUSCAWILLA TRACT 15 PARCEL 1-C,
ACCORDING TO THE PLAT THEREOF, AS RECORDED IN
PLAT BOOK 56, PAGES 29 THROUGH 32, PUBLIC
RECORDS OF SEMINOLE COUNTY, FLORIDA.
4.0 Representations ofColonial Bank. Colonial Bank hereby represents and warrants
to the City that Colonial Bank 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
AMENDMENT TO DEVELOPER'S AGREEMENT FOR COLONIAL BANK
CITY OF WINTER SPRINGS /COLONIAL BANK, N.A.
PAGE 2 OF 8
the execution, delivery and performance of this Agreement. This Agreement will, when duly
executed and delivered by Colonial Bank and recorded in the public records of Seminole
County, Florida, constitute a legal, valid and binding obligation enforceable against Colonial
Bank and the Subject Property in accordance with the terms and conditions of this
Agreement. Colonial Bank represents it has voluntarily and willfully executed this
Agreement for purposes of binding the Subject Property to the terms and conditions set forth
in this Agreement.
5.0 Obligations and Commitments.
5.1 Right-Turn Deceleration Lane Property Conveyance.
5.1.1 Conveyance to City. Simultaneous to the execution of this
Agreement, Colonial Bank shall, by way of separate warranty deed, convey
to the City, a certain portion of the Subject Property totaling One Thousand
Seven Hundred Fourteen and 09/100 square feet (1,714.09 square feet) for the
City to construct aright-turn deceleration lane from eastbound State Road
434 onto Vistawilla Drive ("Deceleration Lane Property"). The Deceleration
Lane Property is more particularly depicted and legally described in Exhibit
"A," attached hereto and fully incorporated herein by this reference.
5.1.2 Consideration. As consideration for Colonial Bank's conveyance of
the Deceleration Lane Property to the City, the City shall, pursuant to section
9-386.11, Winter Springs City Code, grant a reduction in the transportation
impact fees assessed to Colonial Bank for the Subject Property in the amount
of Nineteen Thousand Nine Hundred Fifty-Two Dollars and 00/100
($19,952.00).
5.2 Location ofMonumentSign. Pursuant to section 20-490, Winter Springs City
Code, the City agrees to vary the signage restrictions by allowing Colonial Bank to
erect one (1) monument sign on the Subject Property two feet (2') from the proposed
north property line, as depicted and approved by the City Commission during its
aesthetic review for Colonial Bank on Apri124, 2006. The design and construction
of Colonial Bank's monument sign shall otherwise comply with the provisions of
section 3 of the Developer's Agreement and all other applicable City Codes
including, but not limited to, section 20-470, Winter Springs City Code.
5.3 BuildingSignage. Pursuant to section 20-490, Winter Springs City Code, the
City agrees to vary the building signage restrictions as follows:
5.3. l Building Mounted Single Tenant Identification Sign. Colonial Bank
shall erect one (1) building mounted single tenant identification sign on the
AMENDMENT TO DEVELOPER'S AGREEMENT FOR COLONIAL BANK
C]TY OF WINTER SPRINGS /COLONIAL BANK, N.A.
PAGE 3 OF 8
Colonial Bank building. Said sign shall not exceed nineteen feet six inches
(19' 6") in height when measured from the ground to the top of said sign.
Further, said sign shall be consistent with the City Commission's approval
during its aesthetic review for Colonial Bank on Apri124, 2006.
5.3.2 Embossed Logo Signs. Colonial Bank shall erect two (2) embossed
logo signs, which shall be incorporated into the architecture of the Colonial
Bank building and which shall be consistent with the City Commission's
approval during its aesthetic review for Colonial Bank on April 24, 2006.
One (1) sign shall he located on the north/front of the building and one (1)
sign shall be located on the south/rear on the building. Said signs shall not
exceed forty-eight inches (48") in size. Further, the size of said signs shall
not be included in the maximum copy area allowed for the building under
section 20-470(4)(f), Winter Springs City Code.
6.0 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.
7.0 Applicable Law. This Agreement shall be governed by and construed in accordance
with the laws of the State of Florida.
8.0 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.
9.0 Entire Agreement. This Agreement supersedes any other agreement, oral or written,
and contains the entire agreement between the City and Colonial Bank as to the subject
matter hereof.
10.0 Severabilitv. If any provision of this Agreement shall be held to be invalid or
unenforceable to any extent by a court of competent jurisdiction, the same shall not affect in
any respect the validity or enforceability of the remainder of this Agreement.
11.0 Effective Date. This Agreement shall become effective upon approval by the City
of Winter Springs City Commission and execution of this Agreement by both parties.
12.0 Recordation. This Agreement shall be recorded in the public records of Seminole
County, Florida, and shall run with the land.
13.0 Relationship of the Parties. The relationship of the parties to this Agreement is
contractual and Colonial Bank 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
AMENDMENT TO DEVELOPER'S AGREEMENT FOR COLONIAL BANK
CITY OF WINTER SPRINGS /COLONIAL BANK, N.A.
PAGE 4 OF 8
persons or the public in any manner which would indicate any such relationship with the
other.
14.0 Sovereign Immunity. Notwithstanding any other provision set forth in this
Agreement, 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 other limitations
imposed on the City's potential liability under state or federal law. As such, the City shall
not be liable under this Agreement for punitive damages or interest for the period before
judgment. Further, the City shall not be liable for any claim or judgment, or portion thereof,
to any one person for more than one hundred thousand dollars ($100,000.00), or any claim
or judgment, or portion thereof, which, when totaled with all other claims or judgments paid
by the State or its agencies and subdivisions arising out of the same incident or occurrence,
exceeds the sum of two hundred thousand dollars ($200,000.00). This paragraph shall
survive termination of this Agreement.
15.0 City's Police Power. Colonial Bank 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.
16.0 Interpretation. The parties hereby agree and acknowledge that they have both
participated equally 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.
17.0 Third Party Rights. 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.
18.0 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 obtained by suit in equity.
19.0 Attorneys 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.
20.0 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, term or restriction shall not relieve Colonial Bank or the
City of the necessity of complying with the law governing said permitting requirement,
condition, term or restriction. Without imposing any limitation on the City's police powers,
AMENDMENT TO DEVELOPER'S AGREEMENT FOR COLONIAL BANK
CITY OF WINTER SPRINGS /COLONIAL BANK, N.A.
PAGE 5 OF 8
the City reserves the right to withhold, suspend, or terminate any and all certificates of
occupancy, special exception, occupational license, or other permit of any kind whatsoever
for any building or unit if Colonial Bank is in breach of any term or condition of this
Agreement.
21.0 Continuing Effect of Developer's Agreement. All other provisions of the
Developer's agreement not otherwise modified by this Agreement shall remain in full force
and effect with respect to the Subject Property.
IN WITNESS WHEREOF, the parties have executed this Binding Development Agreement
as of the date first written above.
[EXECUTION PAGES FOLLOW]
AMENDMENT TO DEVELOPER'S AGREEMENT FOR COLONIAL BANK
CITY OF WINTER SPRINGS /COLONIAL BANK, N.A.
PAGE 6 OF 8
~t\\\\\
ATTEST: CITY OF WINTER SPRINCaS' i~`~~
a Florida municipal corporatie~.4}X G ' . ~. ' ~ ~ ,
- . ~:, ,
:; r p
c .~' ,
AND A LORENZO-LUACES, J N F. BUSH, a ~ ~ = :`' % ~''
City erk ayor %~ ~ ~°~ ,~ .~
'ij rte,,.: ~vj • v .
~ ,.•' a
j`~~ •.....•• . v_
~II9~~~'•~'z"'1yfa~~~''•_ .~
APPROVED AS TO FORM AND LEGALITY
For the use and reliance of the City of
Winter Springs, Florida only.
C~r;/off
Dated:
By: ,.
Anthony A. Garganese,
City Attorney for the City of Winter Springs
AMENDMENT TO DEVELOPER'S AGREEMENT FOR COLONIAL BANK
CITY OF WINTER SPRINGS /COLONIAL BANK, N.A.
PAGE 7 OF 8
WITNESSES:
~Q
rint Name: ,LiNdA ~/nny~
r~
P ' Name: r t ~
STATE OF FLORIDA
COUNTY OF S eM ~ n ~ I ~
COLONIAL BANK, N.A.
a National Association.
G. Hunt Dawkins,
Area PresidentlRetail Banking
The foregoing instrument was acknowledged before me this ~° day of
2006, by G. Hunt D kips, asArea President/Retail Banking of Colonial Bank, .A., a National
Association, [ who is personally known to me or [ ] who has produced
as identification.
N RY PUBL ,State of Florida
My commission expires:
"r •.
~ ~ MELINDA J. BAKER
-+.,
' MY COMMISSION N DD 280621
'-~• , ~= EXPIRES: January 29, 2008
AMENDMENT TO DEVELOPER'S AGREEMENT FOR COLONIAL BANK
CITY OF WMTER SPRINGS /COLONIAL BANK, N.A.
PAGE 8 OF 8
LEGAL DESCRIPTION ExH~B~T
TH/S /S NOT A SURVEY ~ 1:, ~ /
LEGAL DESCRiP710N
A STRIP OF LAND BEING A PORTION OF LOT 3, TUSCAWILLA TRACT 15 PARCEL 1-C,
ACCORDING TO THE PLAT THEREOF, AS RECORDED /N PLAT BOOK 56, PAGES 29
THROUGH 32, PUBLIC RECORDS OF SEM/HOLE COUNTY, FLORIDA, BEING
DESCRIBED AS FOLLOWS.•
COMMENCE A T 1NE NORTHWEST CORNER OF SA/D LOT 3 FOR A POINT OF
BEGINNING; THENCE RUN SOUTH 89'49'07" EAST, ALONG THE NORTH LINE OF SAID
LOT 3, A D/STANCE OF 210.69 FEET TO THE NORTHEAST CORNER OF SA/D LOT 3,•
THENCE RUN SOUTH 0077'38" WEST, ALONG THE EAST L/NE OF SA/D LOT 3, A
D/STANCE OF 26.40 FEET,' THENCE, DEPARTING SA/D EAST L/NE, RUN NORTH
4572'03" WEST, 27.26 FEET,• THENCE RUN NORTH 89'49'07" W~"ST, 191.15 FEET TO A
POINT LYING ON THE WEST L/NE OF SAID LOT 3,• THENCE RUN NORTH 0070'53"
EAST, ALONG SA/D WEST L/NE, 7.25 FEET TD THE POINT OF BEGINNING.
THE ABOVE DESCR/BED STR/P OF LAND LIES IN THE C/TY OF WJ'NTER SPRINGS,
SEMINOLE COUNTY, FLOR/DA AND CONTA/NS 1, 714 SQUARE FEET, MORE OR
LESS.
SURVEYOR'S NO1FS.•
(1) THIS LEGAL DESCR/PTION lS NOT VALID UNLESS lT BEARS THE SIGNATURE
AND ORIGINAL RAISED SEAL OF THE FLOR/DA LICENSED SURI/EYDR AND
MAPPER /DEN11F/ED BELOW.
(2) NO ABSTRACT FOR RIGHTS-OF-WA Y, EASEMENTS, OWNERSH/P OR OTHER
INSTRUMENTS OF RECORD HAVE BEEN PROVIDED TO THIS FIRM.
(3) BEARINGS SHOWN HEREON ARE ASSUMED RELATIVE TO 7NE NOR7N LINE
OF LOT 3, TUSCA WILLA TRACT 15 PARCEL 1-C, ACCORDING TO THE PLA T
1HEREOF, AS RECORDED IN PLAT BOOK 56, PAGES 29 THROUGH 32, PUBL/C
RECORDS OF SEM/HOLE COUNTY, FLORIDA, BEING SOUTfI 89 49'07" EAST.
(4) 7NE "LEGAL DESCRIPTION" HEREON HAS BEEN PREPARED BY 7NE
SURVEYOR A T THE CLIENT'S RE4UEST.
(5) 7N/S SKETCH DOES NOT REPRESENT A FIELD SURVEY, AS SUCH.
(6) THE DELIKEA 770N OF LANDS SHOWN HEREON lS AS PER THE Cl_IEN -~
INSTRUCTIONS. ~
DA V/D A. WHl1~ P.5.;41. ~
FLORIDA REGIS IRA 7T0,~! lt,' . ~ 44
PROFESS/ONAL ENGINEER!,"J CONSUL )'ANTS, /NC.
CERIIFICA lE OF AUTHOR/EA T/UN Nn LB-3556
DA 1E' OF SIGNA TURE.• JANUARY 26, 2006
SHEET 1 OF 2
PROFESSIONAL ENGINEERING CONSULTANTS, INC.
engineers planners surveyors
PEC
CERTIFICATE OF AUTHORIZATION NUMBER L8 3556
SL7N 1360 ENo Pork C~ntn ?00 Fat Ro6hson Stnet Wanda florklo J?80t X07/fZ?-'OtM2
SECTION 8, TOWNSF~ 21 SOUlti, RANGE 31 EAST
DATE 1-23-08 PREP BY: J.LY. DRANK BY: M.T. JOB N0: ~ COL-Ol
LEGAL DESCRIPTION
434
STA 1L~ ROAD NO scA~E
.
(A/1Y MID1N VAIBES)
P O 1' = 40~
~~~ t~ C
cos sa Pc~ aa-Ja) S89'49'07'E 210.69' A$~av~ Proms ~,~
3
W
~
~.
j
"~, N89'49'07"W 191.15' srav EA r
~QRe
t .g
J r ~ ~ 1714 $Q. fT.f
N
03 W
28'
27 ~ N
g
v . ~7
a ~
~" m ~ ~
Lor 3 ~
°~ ~
o
h N h TUSCAWILLA TRACT 15 PARCEL 1-C b
J
O ~ ~Oi ~ M
~Q ~
~
~
~ e
~
Q a.
U
lE!rE~!¢
Pas - vaovr cr eEt~iwwwc
R/W - M(,7/T-Q~ W.1 Y
LWB - Li~F1CfAL RECpP05 BOLYf
ve - FtA r soar
AG - PAGE
Sip F7 - SOUARf fFEr
SHEET 2 OF 2
SEE SHEET 1 OF 2 FOR
LEGAL DESCRIP110N AND SURVEYORS NOTES TN/S !S NOT A SURI/EY
PEC PROFESSIONAL ENGINEERING CONSULTANTS, INC.
engineers planners surveyors
CERTIFlCATE OF AUTHORIZATION NUA/BER L8 3556
Sulb 1360 Eala Park C~nfr~ a00 Eost Robbson S~rflt Li't0-1D0. Flprtdia 32801 X07/42?-4062
SECTION 8. TO1Mi1SHIP 21 SOUTH, RANGE 31 EAST
DATE: 1-23--06 PREP BY: J.LY. DRAWN BY: M.T. JOB NO: COL-Oi
J U L 1 3 2~~6
BROWN, GARGANESE, WEISS & D'AGRESTA, P.A.
Attorneys at L.~zzv
Debra S. Babb-Nutcher'
Joseph E. Blitch
Usher L. Brown'
Suzanne D'Agresta°
Anthony A. Garganese"
J.W. Taylor
Jeffrey S. Weiss
'Board Certified Civil Trial Lawyer
"Board Certified City, County & Local Government Law
Via U.S. Mail
Andrea Lorenzo-Luaces, City Clerk
City of Winter Springs
1126 East State Road 434
Winter Springs, Florida 32708
July 12, 2006
Scott J. Dornstein
Mitchell B. Haller
Katherine W. Latorre
Amy J. Pitsch
Erin J. O'Leary
Catherine D. Reischmann
William E. Reischmann, Jr.
Of Counsel
Re: Colonial Bank Amendment to Developer's Agreement and Warranty
Deed
Dear Andrea:
Please find enclosed for safekeeping, the original fully executed and recorded
Amendment to Developer's Agreement and Warranty Deed as referenced above.
Should you have any questions, please do not hesitate to contact our offices.
Very truly yours
~~ ~~~~
Sandi Bowker
Assistant to A. Garganese
City Attorney
Enclosure
/slb
Offices in Orlando, Kissimmee, Cocoa,
Ft. Lauderdale & Tampa
225 East Robinson Street, Suite 660 • P.O. Box 2873 • Orlando, Florida 32802-2873
Orlando (407) 425-9566 Fax (407) 425-9596 • Kissimmee (321) 402-0144 • Cocoa (866) 425-9566 • Ft. Lauderdale (954) 670-1979
Website: www.orlandolaw.net • Email: firm@orlandolaw.net