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HomeMy WebLinkAbout2007 10 22 Regular 604 Development Agreement for Regions Bank COMMISSION AGENDA ITEM 604 Consent Information Public Hearine: Ree:ular X October 22. 2007 Meeting Mgr. ~ /Dept. 1iP4- (/ REQUEST: The Community Development Department requests the City Commission remove from the table and approve a Development Agreement for the Regions Bank site, located at the southeast comer of Parks tone Boulevard and SR 434. PURPOSE: The attached Development Agreement (DA) is consistent with and fulfills the commitments expressed at the March 12, 2007 site plan approval and the October 8,2007 Aesthetic Review. Approval ofthe DA must be finalized before the City can accept certain negotiated items associated with the project design. ZONING & LAND USE DESIGNATION: Zoning: PUD Future Land Use Designation: Commercial Overlay: SR 434 New Development Overlay Zoning District APPLICABLE LAW AND PUBLIC POLICY: Chapter 166, FS Comprehensive Plan Chapter 9, City Code Chapter 20, City Code CONSIDERATIONS: The subject site received site plan (a.k.a. final engineering) and aesthetic review on March 12,2007 for the AMSouth Bank, which is now Regions Bank. Signage was depicted, but was not a part of that aesthetic approval. A number of site-related commitments were agreed to be set forth in a development agreement. These include reducing the number of parking spaces (reduce by 5) to provide additional greenspace (unless the applicant demonstrates that the reduced number constitutes a hardship); committing to maintaining the on-site open space; tightening the turning radius into the site from SR 434 (to the extent that the FDOT will allow); a median, hand rail, and extra vegetative enhancements in the trail, on each side of the curb-cut; a prohibition on Saturday banking (although the ATM will be open); and the provision of on-site pavers in the area near where the driveway crosses the trail. October 22,2007 City Commission Regular Agenda Item 604 Page 2 of3 In conjunction with the October 8, 2007 aesthetic review, the building-mounted and wall signage for Regions Bank need inclusion in the development agreement. The proposals include waivers of the 14' maximum height and 16 SF maximum area limits for building-mounted single- tenant signage. The single-story building contains a 33' tall tower, upon which the applicant proposes two (2) 12.4 SF building-mounted single-tenant identification signs at a maximum height of 16' above the adjacent grade. Subsection 20-470 (4) of the Code allows a maximum of 16 SF building mounted signage at a maximum height of 14'. The proposed building-mounted signs are comprised of "Regions" in l' 3" tall individual white channel letters and the bank logo (12.4 x 2 = 24.8 SF; 24.8/16 = 1.55% of the prescribed 16 SF maximum). It appears proportional to the height and mass of the buildings. Section 20-470 does not address a commercial sign on a buffer wall in the SR 434 New Development Overlay Zoning District, although it allows single-tenant monument signs as large as 8' tall and 32 SF. The approved monument sign (8' tall; 16 SF; approved on March 12,2007, as part of the site plan, for size and location - but not aesthetic review) would have been inside the fence and probably not visible from the SR 434 ROW. The applicant proposes to remove a section of the existing metal fence and replace it with a 6' tall brick wall section and a 29.13 SF non-illuminated green and white sign. The sign is comprised of the "Regions Bank" in l' 6" tall individual white letters and the 2' 3" tall green bank logo. The sign would be located approximately 13' inside the property line, instead of the prescribed 15'. Staff believes the proposed wall sign is an up-grade from the previously approved monument sign. The Commission approved the aesthetic review for Regions Bank signage, with the locations, dimensions, and specifications in the agenda item, at its October 8, 2007 meeting. FINDINGS: 1) The Regions Bank site is located within the Parkstone Planned Unit Development, on a parcel designated for commercial uses. 2) The site has a Commercial Future Land Use designation and is located within the SR 434 New Development Overlay Zoning District. 3) The site plan and aesthetic review for the site (then AMSouth Bank) was approved on March 12, 2007, with the aesthetic review for signage specifically excluded. 4) The applicant's proposed signage, as approved for aesthetic review on October 8,2007, deviates from the provisions of the SR 434 New Development Overlay Zoning District. 5) The proposed development agreement includes a number of issues that were discussed and agreed upon during the March 12,2007 City Commission site plan approval. It also incorporates the deviations from the sign requirements of Section 20-470 that were a part of the October 8, 2007 Aesthetic Review hearing approval (2 building-mounted signage of 12.4 SF, each, located 16' above the sidewalk and provision of a 29.13 SF non- illuminated sign on a new brick wall section, parallel to the SR 434 ROW, located 13' instead of 15' inside the property line). 6) Staff supports these deviations from the sign regulations, believing that they constitute an improvement over strict compliance with the Code in this specific situation. 2 October 22, 2007 City Commission Regular Agenda Item 604 Page 3 of3 RECOMMENDATION: Staff recommends the Commission remove this item from the table and approve the proposed Development Agreement with the above mentioned specifications, which are consistent with the site plan approval and aesthetic review approval. ATTACHMENTS: A B C Location Map March 12, 2006 Minutes Development Agreement (to be supplied by City Attorney) COMMISSION ACTION: 3 ATTACHMENT A H G F c B A- 1 2 3 4 "~ NOTES: '.~ ",'0> 6 l .1:fJI.-~ .' '. Municipal Address Map Book PRlNlED: REVISED: Apr 2005 1: City of Winter Springs, FL o 200 ~"'.."""- 400 . Feet 3" ap Page Developed By: Sou/hem/em Surveying <l Mapping Qwp. 2: 2410 ATTACHMENT B CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MARCH 12,2007 PAGE 12 OF 28 Mr. Tom Brown, 7 I 7 Adidas Road, Winter Springs, Florida: suggested that Citrus Road could be a potential deviation for traffic which would ease traffic on Dyson Drive; and recommended contacting CVS/pharmacy Company about having a Theater for Performing Arts in Winter Springs. Mayor Bush asked, nWould the Commission want to ask the Manager to contact the County to inquire about Citrus Road, to see if there are plans?" Deputy Mayor McGinnis said, "There is a school on Citrus [Road) and that should be a factor. " Commissioner Krebs commented, "I would like to know if they have any plans or if they ever are going to consider something like that to alleviate the traffic problems. " Mayor Bush then said, ((Everybody agree to ask the Manager?" Commissioner Krebs stated, "I am." Deputy Mayor McGinnis said, "Fine." No objections were voiced. Regarding a Performing Arts Theater, Mayor Bush continued, ('And the second recommendation was to contact CVSlpharmacy Company and I guess - what Mr. Brown is proposing is that they would donate the property to the City, we would name it after them - and it come become some kind of a City facility - is that something that that the Commission would also want to move forward on and make the contact with CVSlpharmacy Company and ask them?" Deputy Mayor McGinnis said, "Go ahead." No objections were noted. PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 500.1 Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing For The Aesthetic Review For The AmSouth Bank Located On The Northeast Comer Of SR (State Road) 434 And Parkstone Drive, Located On A Commercial Out-Parcel Of The Parkstone Planned Unit Development (PUD), At The North East Corner Of SR (State Road) 434 And Parkstone Boulevard. Mr. Stevenson introduced this Agenda Item. Brief discussion. Mayor Bush opened the "Public Input" portion of the Agenda Item. Mr. Greg Nebloc/c, Interplan, LLC, 933 Lee Road, Orlando, Florida: as the Architect, Mr. Neblock addressed the City Commission. Mayor Bush closed the "Public Input" portion of the Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MARCH 12,2007 PAGE 13 OF 28 MOTION TO APPROVE. MOTION BY COMMISSIONER BROWN. MAYOR BUSH ST A TED, "MOTION FOR APPROV AL. SECONDED BY COMMISSIONER KREBS." DISCUSSION. VOTE: COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. PUBLIC HEARINGS 500.2 Community Development Department Requests The City Commission Consider The Final Engineering/Site Plan For The AmSouth Bank, Located On A Commercial Out-Parcel Of The Parkstone Planned Unit Development (PUD), At The North East Corner Of SR (State Road) 434 And Parkstone Boulevard. Mr, Baker spoke on this Agenda Item. Mayor Bush opened the "Public Input" portion of the Agenda Item. No one spoke. Mayor Bush closed the "Public Input" portion of the Agenda Item. Discussion. Tape 2/Side B Mr. Frank S. Ioppola, Jr., Esquire, 3403 Foxmeadow Court, Longwood, Florida: said, "At the recommendation of Deputy Mayor McGinnis, we went back to the County Trail Authority, we requested a higher level of safety; had to argue for it, believe it or not; and achieved getting that which involves better signage. It involves a handrail so you'll have not only a - visual queue, but a place to hold on to. And in addition, they've agreed voluntarily to limit their hours so there will not be Saturday banking hours, to make sure that while the entrance - the entrance is here - that the times the Bank would be under most use, when kids would be around, it will not be operating. So, when kids are in school, the Bank will be open, and when kids are home on Saturdays and Sundays, the Bank would be closed; although the A TM will be open. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MARCH 12, 2007 PAGE 14 OF 28 We have a letter of support from the Homeowner's Association that 1 believe we submitted. And I'm told by the guys that know far more about Land Use than I, that I'm supposed to make the following submissions of documents into the Record. And 1 believe the Clerk has a copy of that. We have copies for the Commissioners, if you like." Mr. loppola continued, "Under tab 4, you'll find photographs of the Tuscora Drive Trail crossing. This is an area that Commissioner Krebs was nice enough to point out to us, that is aesthetically very nice and probably far more traffic at a greater speed and yet is safe and does quite well. And lastly, tab six (6), there's a Seminole County Construction Permit. So, we are here before you this evening to ask for Final Engineering Site Approval with the access to [State Road] 434. We respectfully disagree with Staff." Mr. lopploa continued, "We think we have provided and are prepared to provide a safe area, which is very important to all here. An aesthetically pleasing area that will fit in, and ultimately a first class corporate partner who will work with the City, now and in the future. And we'd be prepared to put that in the Development Agreement with the City to make sure that those restrictions stay and would not be able to be changed without coming back before this Commission. Preserving the Green Space that is adjacent to the property, and our property is very important and we're prepared to put it in the Developer's Agreement. Again, the preservation of that and making sure that it fits within - the aesthetics which are so important to the City. And to work as best we can, on this issue." Much discussion. Commissioner Krebs said, "I did meet with you, Frank (Ioppola) and another Lawyer." Continuing, Commissioner Krebs noted, "And as you know, at that time, 1 too, was not happy with a cut. Yes, 1 did consider the cut that was not allowed for the Landings, but 1 believe that was totally a different reason. 1 also think that it's very, very important for this City to welcome commercial business. And the fact that we can almost select right now what commercial business goes there is also - something that we can enjoy. I did read the letter from the HOA (Homeowner's Association) from - Parkstone and 1 see that they welcome your Bank, as well as they approve your cut. 1 ask that you make it even a little more safer." Commissioner Brown noted, "I have had discussions with the Applicant and Mr. loppola." Mayor Bush asked, "Would you be willing to put pavers in between - [State Road] 434 and the Bank because pavers have a good - slowing people down - would that be something that you would consider?" CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MARCH 12,2007 PAGE IS OF 28 Mr. Greg Nebloele, Interplan, LLe, 933 Lee Road, Orlando, Florida: stated, "As we exit the Bank, what is on our property, we are fine. The Trail has a requirement that it be concrete. Now, whether we can do - concrete or something else, that would be fine. We'd just have to go back to that. Either one of those is fine with us." Discussion ensued on the entrance and possibly reducing the radius at the entrance. A colleague of Mr. loppola stated, "I think the best we could do probably is twenty-five foot (25') radius with DOT (Department of Transportation)." Further discussion. Commissioner Miller spoke for the Record on commerce in the City, the project and that the curb cut should not be made. Discussion. "I WOULD LIKE TO MAKE A MOTION TO APPROVE, WITHOUT THE REQUIREMENT TO REMOVE THE CURB CUT." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER KREBS. DISCUSSION. "I WOULD LIKE TO MAKE AN AMENDMENT TO THAT TO INCLUDE THE GREENSP ACE, AND THE DEVELOPER'S AGREEMENT, THE MEDIAN, AND THE RAIL AS YOU HAVE INDICATED - AND THE EXTRA ENHANCEMENT THAT YOU HAVE INDICATED." AMENDMENT TO THE MOTION BY COMMISSIONER KREBS. MAYOR BUSH STATED, "ALL OF THE ISSUES THAT MR. 10PPOLA READ WHEN HE FIRST ADDRESSED THE COMMISSION?" COMMISSIONER KREBS REPLIED. "YES." MANAGER McLEMORE ASKED, "DOES THAT INCLUDE THE TWENTY- FIVE PERCENT (25%) RADIUS..." COMMISSIONER KREBS REPLIED, "...YES. AND I HAVE UP HERE, AND THE ENTRANCE RADIUS TO - AS CLOSE AS YOU CAN, BUT I THINK YOUR ENGINEER - SAID SOMETHING ABOUT POSSIBLY GETTING IT TO TWENTY (25) OR BEING ABLE TO DO THAT." SECONDED BY COMMISSIONER BROWN. DISCUSSION. ATTORNEY GARGANESE SAID, "THERE WERE A COUPLE OF OTHER POINTS THAT WERE RAISED - REGARDING SATURDAY HOURS OF OPERATION." COMMISSIONER KREBS SAID, "YES - NO SATURDAY HOURS, I BELIEVE - THEY HAD SAID - TO BE INCLUDED IN THE AMENDMENT." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MARCH 12,2007 PAGE 16 OF 28 CONTINUING, ATTORNEY GARGANESE REMARKED, "AND SOMEONE ALSO MENTIONED P AVERS, I THINK AT THE SR (STATE ROAD) 434 ENTRANCE, ON THE BANK PROPERTY." COMMISSIONER KREBS SAID, "YES. THAT IS RIGHT. TO BE INCLUDED INTO THE AMENDMENT, THE PAVERS." MAYOR BUSH ASKED, "WHAT ABOUT THE PARKING?" COMMISSIONER KREBS SAID, "HE WOULD REDUCE IT, REDUCE THAT PARKING?" MAYOR BUSH ASKED, "HOW MANY DID YOU SAY?" MR. 10PPOLA REPLIED, "FOUR (4) OR FIVE (5)." COMMISSIONER KREBS SAID, "FIVE (5)." . MR. IOPPOLA STATED, "SO, WE'RE TALKING ABOUT THE REDUCED PARKING, THE SATURDAY HOURS, FOR FINAL, ALL OF THE ABOVE. THE PAVERS, WE'LL HAVE TO CHECK - AS LONG AS THEY'RE NOT ON THE TRAIL, WE CAN DO THAT. ALL THAT'S FINE FOR THE DEVELOPER'S AGREEMENT." MAYOR BUSH ASKED, "SO THAT'S THE MOTION?" ATTORNEY GARGANESE ASKED, "IS THIS GOING TO BE MEMORIALIZED IN THE DEVELOPER'S AGREEMENT?" COMMISSIONER KREBS REPLIED, "YES, IT SHOULD BE AND THIS ALL TO BE - MEMORIALIZED IN THE DEVELOPMENT AGREEMENT. YES." MAYOR BUSH SAID, "THAT WAS THE AMENDED MOTION WHICH WAS SECONDED BY COMMISSIONER BROWN. DEPUTY MAYOR McGINNIS ASKED, "IF FDOT (FLORIDA DEPARTMENT OF TRANSPORTATION) DOES NOT APPROVE THEIR REQUEST, HOW DOES THIS AFFECT IT?" Tape 3/Side A DEPUTY MAYOR McGINNIS ASKED, "AND WHAT IF THEY SAY NO?" ATTORNEY GARGANESE EXPLAINED, "THE WAY THE MOTION IS, YOU WOULD ACCEPT WHAT'S BEING PROPOSED, UNLESS DOT (DEPARTMENT OF TRANSPORA TION) APPROVES SOMETHING SMALLER." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MARCH 12,2007 PAGE 17 0F28 COMMISSIONER GILMORE ASKED, "WHERE ARE THESE PAVERS GOING? SOMEBODY SHOW ME." MAYOR BUSH SAID, "IT WOULD BE ON THEIR PROPERTY." MR. IOPPOLA SAID, "I THINK WE'RE TALKING ABOUT FROM RIGHT ABOUT WHERE OUR PROPERTY LINE IS HERE - THERE'S A FIVE FOOT (S') AREA THAT BELONGS TO, I BELIEVE, THE COUNTY, AND THEN WE COULD TAKE THEM IN PROBABLY INTO THIS WHOLE AREA HERE- YOU CAN COME ACROSS HERE AND TAKE THAT WHOLE CORNER." COMMISSIONER BROWN ASKED, "CAN WE INCLUDE A 'DO NOT BLOCK THE TRAIL' SIGN, OR DO WE HAVE TO GO BACK TO ANOTHER AMENDMENT TO THE MOTION?" VOTE: (AMENDMENT TO THE MOTION) COMMISSIONER BROWN: AYE DEPUTY MAYOR McGINNIS: NAY COMMISSIONER KREBS: AYE COMMISSIONER MILLER: NAY COMMISSIONER GILMORE: AYE MOTION CARRIED. VOTE: (ON THE MOTION AS AMENDED) COMMISSIONER KREBS: AYE DEPUTY MAYOR McGINNIS: NAY COMMISSIONER BROWN: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: NAY MOTION CARRIED. .:. .:. AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEM WAS DISCUSSED NEXT, AND LATER IN THE MEETING, AS SHOWN ON PAGE 22 OF THESE MINUTES. .:. .:. REGULAR REGULAR 611. Office Of The City Manager Requesting The City Commission To Consider The Merits Of A Proposed Additional Benefit To The City's Pension Plan And To Take Action It Deems Appropriate. Manager McLemore presented this Agenda Item. Date: October 22, 2007 The attached relates to the discussion of Regular Agenda Item "604" at the October 22, 2007 City Commission Regular Meeting. "'~,"'~~~":~\''''',!l~~I,''.,\J{~'p^"<.~._..."".~~,P:\WJl;,,,",L,,,,_ ;.:~, ~_~~'f..,rir~~'1,!"r"'~~, 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, Florida 32802-2873 DEVELOPER'S AGREEMENT FOR REGIONS BANK TIDS DEVELOPER'S AGREEMENT FOR REGIONS BANK (this "Agreement ") is made and entered into as of the day of , 2007 by REGIONS BANK, an Alabama banking corporation, as successor by merger with AmSouth Bank, whose mailing address is Galleria Tower, Suite 1600, Birmingham, Alabama 35244 (hereinafter referred to as the "Owner") and the CITY OF WINTER SPRINGS, a Florida municipal corporation, whose mailing address is 1126 East State Road 434, Winter Springs, Florida 32708 (hereinafter referred to as the "City"). WIT N E SSE T H: WHEREAS, the Owner is the fee simple owner of certain real property located within the City in Seminole County, Florida, as more particularly described in Exhibit" A, " attached hereto and incorporated herein by this reference (the "Property"); and WHEREAS, Owner intends to develop the Property as a commercial bank branch which is open to the public; and WHEREAS, Owner desires to facilitate the orderly development of the Property as depicted on the site plan as approved by the City Commission on March 12, 2007 and on file with the City ("Site Plan"); and WHEREAS, Owner seeks to deviate from certain signage requirements of the Winter Springs Code of Ordinances ("City Code") with regard to the development of the Property; and WHEREAS, section 20-474 of the City Code authorizes the City Commission to enter into development agreements to vary the general design standards of the State Road 434 New Development Area; and WHEREAS, the City has recommended and Owner has voluntarily agreed to enter into this Agreement in order to memorialize the Commission's conditions of Site Plan approval for the development of the Property; and DEVELOPER'S AGREEMENT FOR REGIONS BANK Regions Bank / City of Winter Springs Page 1 of9 WHEREAS, City and Owner desire to set forth the following special terms and conditions with respect to the development and operation of the Property. .- NOW, THEREFORE, in consideration of the mutual promises contained herein, and other good and valuable consideration, the receipt and sufficiency of which the parties hereby acknowledge, the parties hereby agree as follows: Section 1. Recitals. The above recitals are true and correct and are incorporated herein by this reference and are hereby deemed a material part of this Agreement. Section 2. Authority. This Agreement is entered into pursuant to the Florida Municipal Home Rule Powers Act, Florida Statutes ~ 166.011, et seq. Section 3. Oblieations and Commitments. A. Signage. Pursuant to section 20-474, City Code, the City hereby agrees to vary the signage regulations for the Property as follows, as depicted on the Regions Parkstone Winter Springs signage package dated May 8, 2007 and approved by the City Commission on October 8,2007, attached hereto as Exhibit "B" and fully incorporated herein by this reference (the "Plans"): i. Building-Mounted Signage. City hereby acknowledges and agrees that Owner shall have the right to erect two (2) building-mounted signs as depicted on the Plans (the "Building-Mounted Signs"). The Building-Mounted Signs shall be 12.4 square feet each with one foot three inch (1 '3") lettering as depicted in the Plans, and the top of said signs shall not be located higher than sixteen feet (16') from ground level. Owner shall maintain the Building- Mounted Signs in a good condition and state of repair at all times and in compliance with all applicable codes. ii. Symbol/Logo. City hereby acknowledges and agrees that Owner shall have the right to install a triangular symbol in substantially the same form as shown on the Plans (the "Svmbol ") which Symbol serves as an identifiable trade symbol and logo of Owner. The Symbol shall be no larger than one foot, three inches (1'3") in height. Owner shall maintain the Symbol in a good condition and state of repair at all times and in compliance with all applicable codes. 111. Wall Signage. City hereby acknowledges and agrees that Owner shall have the right to erect one (1) non-illuminated wall sign approximately thirteen feet (13') inside the southern boundary of the Property as depicted on the Plans. The Wall sign shall be 29.13 square feet in size and shall be erected upon a six foot (6') tall brick wall that Owner shall construct in place of a DEVELOPER'S AGREEMENT FOR REGIONS BANK Regions Bank / City of Winter Springs Page 2 of9 . '1f~"';;';~''''k',\~'''f't:~~' """~~~' I;""'> ~,_ ,~~, '~'".-r.rpJ;,- ,HFl:W'3":'~:~7'*:. portion of the existing metal fence. The brick wall shall substantially conform to the existing brick columns on the Property. iv. Signage Affecting Landscaping. In the event any signage approved in conjunction with the development of the Property affects existing landscaping, tree replacement and/or mitigation shall be pursuant to the City's Tree Protection and Preservation Ordinance in Chapter 5 of the City Code. B. Green Space Preservation. As depicted on the Site Plan, the eastern and northern most portions of the Property adjacent to the Parkstone residential development shall be preserved as green and open space and serve as a buffer for said residential development (the "Green Space"). Owner shall be permitted to plant landscaping in the Green Space in accordance with the landscape plan approved by the City Commission on March 12, 2007. Owner shall be entitled to locate underground utilities, drainage, and other structures within the Green Space, provided that none of the above results in the construction of any above-ground structures within the Green Space. However, Owner reserves the right to locate a dumpster within the Green Space in the area depicted on the Site Plan by Site Note 26 "Future Location for Dumpster Enclosure" on page C1 of the Site Plan. Owner may enter upon the Green Space to perform maintenance or any other task which Owner elects to perform consistent with the terms of this Agreement and the City Code. Nothing in this Section shall be interpreted to convey, dedicate, transfer, or otherwise dispose of the Property or any portion thereof. C. Cross-Seminole Trail Improvements. The Cross-Seminole Trail (the "Trail") runs parallel to State Road 434 at the location of the Property. The Trail is owned by the Florida Department of Environmental Protection's Office of Trails and Greenways, who subleases the trail to Seminole County. Owner agrees, subject to the prior written consent of the owner and sublessee of the Trail, to provide for a landscaped median and handrails along the Trail on the east and west sides of the access driveway from State Road 434 into the Property ("434 Driveway"). The landscaped median shall be constructed substantially similar in length and width to the landscaped median located at the intersection of the Trail and Parkstone Boulevard and shall be subject to approval by the City. The handrails shall be located along the north side of the Trail east of the 434 Driveway and along the south side of the Trail west of the 434 Driveway and shall be subject to approval by the City. D. Driveway Pavers. Owner and City acknowledge and agree that they prefer that the 434 Driveway be constructed with pavers. To that end, Owner agrees to diligently pursue the installation of pavers from the southern-most boundary of the Property to 55 feet within the Property line for the entire width of the 434 Driveway. The pavers shall be approved by the City Manager prior to installation. If Owner is unable to install pavers as set forth herein, Owner shall negotiate with the City Manager to determine an alternative, decorative improvement to the 434 Driveway that is DEVELOPER'S AGREEMENT FOR REGIONS BANK Regions Bank / City of Winter Springs Page 3 of9 mutually agreeable to all the aforementioned parties. Any improvements to the 434 Driveway pursuant to this section shall be agreed upon by the parties prior to the commencement of construction or installation thereof. E. Thirty Foot Turning Radius. Owner hereby agrees that, subject to the prior written consent of the Florida Department of Transportation ("FDOT "), the 434 Driveway shall be constructed to have a thirty (30) foot turning radius from the end of the right-of-way of State Road 434 to the southern Property line. F. No Saturday Operations. Owner hereby covenants and agrees that the commercial bank branch which it plans to construct and operate on the Property will be closed to the public on Saturdays during the duration of the operation of such commercial bank branch, or any subsequent bank branch operated on the Property. G. Parking Spaces. In furtherance of preserving the Green'Space on the Property pursuant to Section 3.B., Owner agrees to reduce the number of parking spaces on the Property by five (5) parking spaces, resulting in a total of twenty-four (24) regular parking spaces and one (1) handicap parking space on the Property. Section 4. Develollment 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 Owner 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, the City reserves the right to withhold, suspend, or terminate any and all certificates of occupancy for any building or unit if Owner is in breach of any term and condition of this Agreement. Should any term or condition of this Agreement conflict with any provision of the City Code, this Agreement shall prevail. Section 5. Notice. Any notice delivered with respect to this Agreement shall be in writing and be deemed to be delivered (whether or not actually received) (i) when hand delivered to the other party at the address appearing on the first page of this Agreement, (ii) when deposited in the United States Mail, postage prepaid, certified mail, return receipt requested, addressed to the party at the address appearing on the first page of this Agreement, or (iii) the next day after delivery to a nationally recognized overnight delivery service. Either party may change the address for receiving notices or other communication by not less than three (3) days prior notice in accordance with this Section. Section 6. Successors and Assigns. This Agreement shall automatically be binding upon and shall inure to the benefit of the City and Owner and their respective successors and assigns. The terms and conditions of this Agreement similarly shall be binding upon the Property and shall run with title to the same. DEVELOPER'S AGREEMENT FOR REGIONS BANK Regions Bank / City of Winter Springs Page 4 of9 Section 7. 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 a suit in equity. Section 8. Applicable Law. This Agreement and the provisions contained herein shall be construed, controlled, and interpreted according to the laws of the State of Florida. Section 9. Time of the Essence. Time is hereby declared of the essence to the lawful performance of the duties and obligations contained in this Agreement. Section 10. Entire Agreement; Amendment. This Agreement constitutes the entire agreement between the parties, and supersedes all previous discussions, understandings, and agreements with respect to the subject matter hereof. This Agreement shall not be modified or amended except by written agreement duly executed by the parties hereto or their successors or assigns and approved by the City Commission. Section 11. Further Documentation. The parties agree that at any time following a request therefor by the other party, each shall execute and deliver to the other party such further documents and instruments, in form and substance reasonably necessary to confrrm and effectuate the obligations of either party hereunder. Section 12. 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. Section 13. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original but all of which together shall constitute one and the same instrument. Section 14. Captions. Captions of the Sections and Subsections of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction, or meaning of the provisions of this Agreement. Section 15. Severability. If any sentence, phrase, section, paragraph, provision, or portion of this Agreement is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect in any respect the validity or enforceability of the remaining portion hereof. Section 16. Recordation. This Agreement shall be recorded in the Public Records of Seminole County, Florida, promptly after execution hereof. DEVELOPER'S AGREEMENT FOR REGIONS BANK Regions Bank / City of Winter Springs Page 5 of9 Section 17. Relationship of Parties. The relationship of the parties to this Agreement is contractual and Owner is an independent contractor and not an agent of the City. Nothing herein shall be deemed to create a joint venture or principal-agent relationship between the parties and neither party is authorized to, nor shall either party act toward third persons or the public in any manner, which would indicate any such relationship with the other. Section 18. Sovereie:n Immunity. Nothing contained in this Agreement shall be construed as a waiver of the City's right to sovereign immunity under Section 768.28, Florida Statutes, or any other limitation on the City's potential liability under the state and federal law. 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. Section 19. City's Police Power. Owner hereby 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 20. Inter{)retations. 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 of this Agreement in the event of a dispute between the parties. Section 21. Third Party Rie:hts. This Agreement is not a third-party beneficiary contract and shall not in any way whatsoever create any rights on behalf of any third party. Section 22. Effective Date. The Effective Date of this Agreement shall be the day and year first above written. Section 23. Default; Opportunity to Cure. Should either party desire to declare the other party in default of any term and condition of this Agreement, the non-defaulting party shall provide the defaulting party a written notice of default. The written notice shall, at a minimum, state with particularity the nature of the default, the manner in which the default can be cured, and a reasonable time period of not less than thirty (30) days in which the default must be cured. No action may be taken in a court of law on the basis that a breach of this Agreement has occurred until such time as the requirements of this paragraph have been satisfied. Section 24. Termination. The City shall have the unconditional right, but not obligation, to terminate this Agreement, without notice or penalty, if Owner fails to receive building permits and substantially commence construction of the commercial bank building DEVELOPER'S AGREEMENT FOR REGIONS BANK Regions Bank / City of Winter Springs Page 6 of9 "",,;;~'\W_:'CJ;:(": c',, C~".:"'.:_..-.~~.--;."~:.. ";",""'l'1"""","'\lC-."._"~W~;' within three (3) years of the effective date of this Agreement. If the City terminates this Agreement, the City shall record a notice of termination in the public records of Seminole County, Florida. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by their duly authorized officers as of the day and year first above written. CITY: CITY OF WINTER SPRINGS By: John F. Bush, Mayor ATTEST: By: 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 Garganese, City Attorney for the City of Winter Springs, Florida DEVELOPER'S AGREEMENT FOR REGIONS BANK Regions Bank / City of Winter Springs Page 7 of9 -' OWNER: WITNESSES: REGIONS BANK, an Alabama banking corporation, as successor by merger with AmSouth Bank Name: By: Name: Title: Name: STATE OF FLORIDA COUNTY OF ) ) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared , of REGIONS BANK, an Alabama banking corporation, as successor by merger with AmSouth Bank, who is [_l personally known to me or [_l has produced as identification. Notary Public - State of Florida Printed Name My Commission Expires: DEVELOPER'S AGREEMENT FOR REGIONS BANK Regions Bank / City of Winter Springs Page 8 of9 ~~'W'.-"''i'''''~'~".';~;.",,,,,,,,...fl'"'' ,~.'1"" "lr'..?;"..l!IIl'J~~ ~.,"".' .....;. '~"""--:'~r. _........." ....~ .._c"t~.~~.~~~"P'!' Exhibit "A" The Property TRACTD, PARKS TONE UNIT 1, A REPLAT OF A PORTION OF BLOCKS C AND D, D.E. MITCHELL'S SURVEY OF THE LEVY GRANT ON LAKE JESSUP, PLAT BOOK 1, PAGE 5 AND CHASE AND COMPANY'S SUBDIVISION OF WAGNER, PLAT BOOK 6, PAGE 64, LOCATED IN SECTIONS 35 AND 36, TOWNSHIP 20 SOUTH, RANGE 30 EAST, ACCORDING TO PLAT RECORDED IN PLAT BOOK 56, PAGE 17, OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA. DEVELOPER'S AGREEMENT FOR REGIONS BANK Regions Bank / City of Winter Springs Page 9 of9 PER THE COMMUNITY DEVELOPMENT DEPARTMENT, THERE IS NO ORIGINAL ON FILE FOR THIS AGREEMENT. PREPARED BY AND RETURN TO: Katherine W. Latorre, Esq. Winter Springs Assistant City Attorney ~~ BROWN, GARGANESE, WELSS & D'AGRESTA, P.A. P.O. Box 2873 Orlando, Florida 32802-2873 Niu~~i»~a~~an~~~~~~~i~~~i~~~n~~~~a~ut~ Y~VIIE t~iSE, CLERK ~ CIRCUIT CDIJRT SEtiIP~E CITY ~t 06859 Rgs 083E - 8~t tE3p~s) CLERFi' S ~# ;~raU7155+"ac~0 l~QRDED 11/0517 lO:Ofi:25 AN RECtTRDING FEES 197.00 DED BY T S~ith DEVELOPER'S AGREEMENT FOR REGIONS BANK THIS DEVELOPER'S AGREEMENT FOR REGIONS BANK (this "A~reement") is made and entered into as of thea~~day of C3C-~a b~ 2. , 2007 by REGIONS BANK, an Alabama banking corporation, as successor by merger with AmSouth Bank, whose mailing address is Galleria Tower, Suite 1600, Birmingham, Alabama 35244 (hereinafter referred to as the "Owner") and the CITY OF WINTER SPRINGS, a Florida municipal corporation, whose mailing address is 1126 East State Road 434, Winter Springs, Florida 32708 (hereinafter referred to as the "C~'). WITNESSETH: WHEREAS, the Owner is the fee simple owner of certain real property located within the City in Seminole County, Florida, as more particularly described in Exhibit "A," attached hereto and incorporated herein by this reference (the "Property"); and WHEREAS, Owner intends to develop the Property as a commercial bank branch which is open to the public; and WHEREAS, Owner desires to facilitate the orderly development of the Property as depicted on the site plan as approved by the City Commission on Mazch 12, 2007 and on file with the City ("Site Plan"); and WHEREAS, Owner seeks to deviate from certain signage requirements of the Winter Springs Code of Ordinances ("City Code") with regard to the development of the Property; and WHEREAS, section 20-474 of the City Code authorizes the City Commission to enter into development agreements to vary the general design standazds of the State Road 434 New Development Area; and WHEREAS, the City has recommended and Owner has voluntarily agreed to enter into this Agreement in order to memorialize the Commission's conditions of Site Plan approval for the development of the Property; and DEVELOPER'S AGREEMENT FOR REGIONS BANK Regions Bahl: /City of Winter Springs I'a~e ] of 9 WHEREAS, City and Owner desire to set forth the following special terms and conditions with respect to the development and operation of the Property. NOW, THEREFORE, in consideration of the mutual promises contained herein, and other good and valuable consideration, the receipt and sufficiency of which the parties hereby acknowledge, the parties hereby agree as follows: Section 1. Recitals. The above recitals aze true and correct and aze incorporated herein by this reference and are hereby deemed a material part of this Agreement. Section 2. Authori This Agreement is entered into pursuant to the Florida Municipal Home Rule Powers Act, Florida Statutes § 166.011, et seq. Section 3. Oblisations and Commitments. A. Signage. Pursuant to section 20-474, City Code, the City hereby agrees to vary the signage regulations for the Property as follows, as depicted on the Regions Parkstone Winter Springs signage package dated May 8, 2007 and approved by the City Commission on October 8, 2007, attached hereto as Exhibit "B" and fully incorporated herein by this reference (the "Plans"): i. Building-Mounted Signage. City hereby acknowledges and agrees that Owner shall have the right to erect two (2) building-mounted signs as depicted on the Plans (the "Building-Mounted Signs"). The Building-Mounted Signs shall be 12.4 square feet each with one foot three inch (1'3") lettering as depicted in the Plans, and the top of said signs shall not be located higher than sixteen feet (16') from ground level. Owner shall maintain the Building-Mounted Signs in a good condition and state of repair at all times and in compliance with all applicable codes. ii. Svmbol/Lo~o. City hereby acknowledges and agrees that Owner shall have the right to install a triangular symbol in substantially the same form as shown on the Plans (the "Symbol") which Symbol serves as an identifiable trade symbol and logo of Owner. The Symbol shall be no lazger than one foot, three inches (1'3") in height. Owner shall maintain the Symbol in a good condition and state of repair at all times and in compliance with all applicable codes. iii. Wall Signa~e. City hereby acknowledges and agrees that Owner shall have the right to erect one (1) non-illuminated wall sign approximately thirteen feet (13') inside the southern boundary of the Property as depicted on the Plans. The Wall sign shall be 29.13 square feet in size and shall be erected upon a six foot (6') tall brick wall that Owner shall construct in place of a portion of the existing metal fence. The brick wall shall substantially conform to the existing brick columns on the Property. Owner shall be permitted to install standazd low- level landscaped up-lighting of the wall sign. DEVELOPER'S AGREEMENT FOR REGIONS BANK Reeions Baiilc /City of winter Springs Pale 2 of 9 V iv. Si~nage Affecting Landscaping_ In the event any signage approved in conjunction with the development of the Property affects existing landscaping, tree replacement and/or mitigation shall be pursuant to the City's Tree Protection and Preservation Ordinance in Chapter 5 of the City Code. B. Green Space Preservation. As depicted on the Site Plan, the eastern and northern most portions of the Property adjacent to the Pazkstone residential development shall be preserved as green and open space and serve as a buffer for said residential development (the "Green Space"). Owner shall be permitted to plant landscaping in the Green Space in accordance with the landscape plan approved by the City Commission on Mazch 12, 2007. Owner shall be entitled to locate underground utilities, drainage, and other structures within the Green Space, provided that none of the above results in the construction of any above-ground structures within the Green Space. However, Owner reserves the right to locate a dumpster within the Green Space in the azea depicted on the Site Plan by Site Note 26 "Future Location for Dumpster Enclosure" on page C1 of the Site Plan. Owner may enter upon the Green Space to perform maintenance or any other task which Owner elects to perform consistent with the terms of this Agreement and the City Code. Nothing in this Section shall be interpreted to convey, dedicate, transfer, or otherwise dispose of the Property or any portion thereof. C. Cross-Seminole Trail Improvements. The Cross-Seminole Trail (the "Trail") runs pazallel to State Road 434 at the location of the Property. The Trail is owned by the Florida Department of Environmental Protection's Office of Trails and Greenways, who subleases the trail to Seminole County. Owner agrees, subject to the prior written consent of the owner and sublessee of the Trail, to provide for a landscaped median and handrails along the Trail on the east and west sides of the access driveway from State Road 434 into the Property ("434 Driveway"). The landscaped median shall be constructed substantially similar in length and width to the landscaped median located at the intersection of the Trail and Pazkstone Boulevard and shall be subject to approval by the City. The handrails shall be located along the north side of the Trail east of the 434 Driveway and along the south side of the Trail west of the 434 Driveway and shall be subject to approval by the City. D. Drivewa, Py avers. Owner and City acknowledge and agree that they prefer that the 434 Driveway be constructed with pavers. To that end, Owner agrees to diligently pursue the installation of pavers from the southern-most boundary of the Property to 55 feet within the Property line for the entire width of the 434 Driveway. The pavers shall be approved by the City Manager prior to installation. If Owner is unable to install pavers as set forth herein, Owner shall negotiate with the City Manager to determine an alternative, decorative improvement to the 434 Driveway that is mutually agreeable to all the aforementioned parties. Any improvements to the 434 Driveway pursuant to this section shall be agreed upon by the parties prior to the commencement of construction or installation thereof. DEVELOPER'S .AGREEMENT FOR REGIONS BANK Regions Bank /City of Winter Springs y Pave 3 of 9 E. Thirty Foot Turning Radius. Owner hereby agrees that, subject to the prior written consent of the Florida Department of Transportation ("FDOT"), the 434 Driveway shall be constructed to have a thirty (30) foot turning radius from the end of the right-of- way of State Road 434 to the southern Property line. F. No Saturday Operations. Owner hereby covenants and agrees that the commercial bank branch which it plans to construct and operate on the Property will be closed to the public on Saturdays during the duration of the operation of such commercial bank branch, or any subsequent bank branch operated on the Property. G. Pazking Spaces. In furtherance of preserving the Green Space on the Property pursuant to Section 3.B., Owner agrees to reduce the number of parking spaces on the Property by five (5) parking spaces, resulting in a total of twenty-four (24) regular parking spaces and one (1) handicap parking space on the Property. Section 4. 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 pazticulaz City, County, State and/or Federal permit, condition, term or restriction shall not relieve Owner 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, the City reserves the right to withhold, suspend, or terminate any and all certificates of occupancy for any building or unit if Owner is in breach of any term and condition of this Agreement. Should any term or condition of this Agreement conflict with any provision of the City Code, this Agreement shall prevail. Section 5. Notice. Any notice delivered with respect to this Agreement shall be in writing and be deemed to be delivered (whether or not actually received) (i) when hand delivered to the other party at the address appearing on the first page of this Agreement, (ii) when deposited in the United States Mail, postage prepaid, certified mail, return receipt requested, addressed to the party at the address appearing on the first page of this Agreement, or (iii) the next day after delivery to a nationally recognized overnight delivery service. Either party may change the address for receiving notices or other communication by not less than three (3) days prior notice in accordance with this Section. Section 6. Successors and Assigns. This Agreement shall automatically be binding upon and shall inure to the benefit of the City and Owner and their respective successors and assigns. The terms and conditions of this Agreement similarly shall be binding upon the Property and shall run with title to the same. Section 7. 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 a suit in equity. DEVELOPER'S AGREEMENT FOR REGIONS BANK Regions Bank /City of V~~inter Springs Page 4 of 9 Section 8. Applicable Law. This Agreement and the provisions contained herein shall be construed, controlled, and interpreted according to the laws of the State of Florida. Section 9. Time of the Essence. Time is hereby declared of the essence to the lawful performance of the duties and obligations contained in this Agreement. Section 10. Entire Agreement; Amendment. This Agreement constitutes the entire agreement between the parties, and supersedes all previous discussions, understandings, and agreements with respect to the subject matter hereof. This Agreement shall not be modified or amended except by written agreement duly executed by the parties hereto or their successors or assigns and approved by the City Commission. Section 11. Further Documentation. The parties agree that at any time following a request therefor by the other party, each shall execute and deliver to the other parry such further documents and instruments, in form and substance reasonably necessary to confirm and effectuate the obligations of either party hereunder. Section 12. 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. Section 13. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original but all of which together shall constitute one and the same instrument. Section 14. Captions. Captions of the Sections and Subsections of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction, or meaning of the provisions of this Agreement. Section 15. Severability. If any sentence, phrase, section, paragraph, provision, or portion of this Agreement is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect in any respect the validity or enforceability of the remaining portion hereof. Section 16. Recordation. This Agreement shall be recorded in the Public Records of Seminole County, Florida, promptly after execution hereof. Section 17. Relationship of Parties. The relationship of the parties to this Agreement is contractual and Owner 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 towazd third persons or the public in any manner, which would indicate any such relationship with the other. DEVELOPER'S AGREEMENT FOR REGIONS BANK Regions Bank / Ciry of Winter Springs Page 5 of 9 Section 18. Sovereign Immunity. Nothing contained in this Agreement shall be construed as a waiver of the City's right to sovereign immunity under Section 768.28, Florida Statutes, or any other limitation on the City's potential liability under the state and federal law. 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 dollazs ($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 pazagraph shall survive termination of this Agreement. Section 19. City's Police Power. Owner hereby 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 bazgaining away or surrendering its police powers. Section 20. Interpretations. The parties hereby agree and aclaiowledge that they have both participated equally in the drafting of this Agreement and no party shall be favored or disfavored regarding the interpretation of this Agreement in the event of a dispute between the parties. Section 21. Third Party Rights. This Agreement is not athird-parry beneficiary contract and shall not in any way whatsoever create any rights on behalf of any third parry. Section 22. Effective Date. The Effective Date of this Agreement shall be the day and year first above written. Section 23. Default; Opportunity to Cure. Should either party desire to declaze the other party in default of any term and condition of this Agreement, the non-defaulting party shall provide the defaulting party a written notice of default. The written notice shall, at a minimum, state with particularity the nature of the default, the manner in which the default can be cured, and a reasonable time period of not less than thirty (30) days in which the default must be cured. No action may be taken in a court of law on the basis that a breach of this Agreement has occurred until such time as the requirements of this paragraph have been satisfied. Section 24. Termination. The City shall have the unconditional right, but not obligation, to terminate this Agreement, without notice or penalty, if Owner fails to receive building permits and substantially commence construction of the commercial bank building within three (3) years of the effective date of this Agreement. If the City terminates this Agreement, the City shall record a notice of termination in the public records of Seminole County, Florida. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by their duly authorized officers as of the day and year first above written. DEVELOPER'S AGREEMENT FOR REGIONS BA1vTK Regions Bank /City of winter Springs Page 6 of 9 CITY WINTER SPRINGS .•~,`""~"' o,.. ~ ~, .• John F. Bush, ayor ' ~~ a ~j McGini4~.s I~ep~ty Mayor ;,~ ~ ~ is ATTEST: ~=t.i = '~~'f ~~ • ~~ ,__~ ;~~ ••,, •,. ~, ,..~ 1 v ~ ,~. r _ An orenzo Luaces, City Clerk .- APPROVED AS TO FORM AND LEGALITY For the use and reliance of the City of Winter Springs, Florida, only. Dated: ~v a~~? By: , Anthony Garganese, City Attorney for the City of Winter Springs, Florida DEVELOPER'S AGREEMENT FOR REGIONS BANK Reions Bank ; Cite of V1'inter Springs ]'a~~e 7 of 9 OWNER: WITNESSES: Name: ,,a-. o o w , -r~ : !?~ ~u 1I7~~ I l REGIONS SANK, an Alabama banking corporation, as successor by merger with AmSouth Bank By: Name: ~ c ' Title: ~"~s~ STATE OF A ) COUNTY O ~ ~ L-_ ) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State an County aforesa' take acknowledgments, personally appeared YYl S Y~ i d ~ +~-~- of REGIONS BANK, Alabama bankin corporation, as successor by merger with AmSouth Bank, who is [personally kn ' o me or ~~ has produced _ as identification. Ln7a5hia Monique Clay otary Public -State of~lorfda l;,a.I~~1 ~"~ '~ E~ndNo.b$946943P! yg Plotary Public for the State of Alabama Rr p" Commission Expires: February 18, 2003 Printed Name My Commission Expires: DEVELOPER'S AGREEMENT FOR REGIONS BANK Regions Bank /City of Winter Springs Page 8 of 9 Exhibit "A" The Property TRACT D, PARKSTONE UNIT 1, A REPEAT OF A PORTION OF BLOCKS C AND D, D.E. MITCHELL'S SURVEY OF THE LEVY GRANT ON LAKE JESSUP, PLAT BOOK 1, PAGE 5 AND CHASE AND COMPANY'S SUBDMSION OF VJAGNER, PLAT BOOK 6, PAGE 64, LOCATED IN SECTIONS 35 AND 36, TOWNSHIP 20 SOUTH, RANGE 30 EAST, ACCORDING TO PLAT RECORDED IN PLA'~ BOOK 56, PAGE 17, OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA. .: . DEVELOPER'S AGREEA~fENT FORREGIONS BANE: Regions hanl: /City of 1~1~'inter Springs Pa~~z 9 of 9 ~~r, `.~' = .~' ~.~:ti .:~ - . ._ c~~U~ .aiY ~m,i„ a a i~ ~JrtiN~: .csnsi~~ . ~lr R~~c~~vs PARKSTONE WINTER SPRINGS WINTER SPRINGS,FL. EXHIBIT '`s ~.~ `9 ,~ PARKSTONE WINTER SPRINGS T2.FL.C.DLA0.2 Winter Springs, Florida May 8, 2007 Please review the attached signage package and site plan. After review, please sign the Site Plan Authorization sheet and retuni. The signage recommendations for the above referenced location are as follows: I2.~ Building Signs: Two (1)~quare Foot White Faced, Illuminated Channel Letters sets .~q.J•~ g .One Custom White Faced, Non -Illuminated Channel Letter set for ~ ~ perimeter brick wall 6 N U .M ~,c. p l~ cES M Recessed ATM Canopy Sign: (ATMR6-CAB) Standard 1'-1" x 6'-1" Illuminated ATM sign installed above the drive thru. Directional Signs: Three (3) -Four square foot Directional Signs -Variable Copy (D4) One (1) -Standard Thumbprint Sign (INFO-24P) -Post Mount One (1) - "Do Not Enter" Regulatory Sign (DNE} -Wall Mount. Commercial Lane: One Standard "Commercial Lane" Sign (REG-COMLN2-DNVO) Clearance Sign: Four (4) Standard "Clearance" Signs (REG-CLEAR2-DNVO) Address Numbers: Standard 6" Vinyl "Address" Numbers (REG-ADDRESS) Coming Soon Sign: One V-Shaped "Regions Coming Soon Sign" 64 square feet. Sign to be installed at start of construction pending city requirements. Now Open Banner: One 4' x 8' Double-Sided "Regions Bank Now Open" Banner. Banner will be sent to the Facility Manager to install just prior to grand opening. Due to possible municipality sign code changes and/or developer restrictions this recommendation could change at any time prior to securing sign installation permits. Signage identification questions may be directed to Scott Archer, AmSouth Bank, 3000 Galleria Tower, Suite 1600, Birmingham, AL. 3536 PHASE III SIGN EVALUATION SITE PLAN REGIONS BANK T2.FL..C.DLA0.2 S.R.434 & PARKSTONE BLVD WINTER SPRINGS, FL 315.33' . • i cn D ~ e ~,, ~h-~ ~ ~ t ~ tm ~ 0 ~ . '.Y • 7 ' ' • ti ` .:a ~ . ~ J t • ~ ~ ~ s•.~ ~ t ~ O O '~i~ ' _ ki~e 1 z 1~1 N . - 'w ~- c' w ~ ~ = B ~ °' c CA ' b Q 3820 SF. ® ~ ~-. ~ D ~ ~ . tv : ~ ~ ~ ~~ ~ c _ . j ~ o uo ~ ~ -~- ---- -- .~ ____.~-------- ; --- ---- s ®ROAD NO. 434 STATE wAY WI 1N VgIt1F:s) \ (~~T~~ / PROPOSED SITE SIGN LAYOUT SIGN KEY SIGN DESCRIPTION 1 -REG-ILISWL-RM ONE 15 "WHITE REMOTE T NSFORMER CHA L 2 -. REG-ILISWL-RM ONE 15° WHITE REMOTE TRA FORMER CHANNEL 3 -REG-N136WL-F ONE 36"NON-ILLUMINATED WH REMOTE CHANN 4 - REG-D4 DIRECTIONAL SIGNS -VARIABLE PY (4 square fee 5 - REG-D4 DIRECTIONAL SIGNS- VARIABLE CO 4 square feet 6 - REG-D4 DIRECTIONAL SIGNS- VARIABLE COPY quare feet REG-INF-24-P ONE (1) POST MOUNTED THUMBPRINT REG-ATMR6 ONE (1) RECESSED ATM (CANOPY) SIGN REG-R3W-DNE ONE (1) "DO NOT ENTER" WALL MOUNTED REG-COMLN2-DNVO ONE (1) COMMERCIAL LANE SIGN REG-CLEAR2-DNVO FOUR (4) CLEARANCE LANE SIGNS REG-ADDRESS ONE (1) STREET ADDRESS VINYL • INCLUDES SELLER DECLARAl10NS SITE PLAN AUTHO RIZATION : NAME TITLE DATE u$e.eo. m d,. eamm m er eo"hv a, ,b °io'" ~a 2~3~~fr'~`~h`~' Gc~tE<sE~ G ,J % ~~ d~ ~/vi /0~ LETTERS 2 ~ ~ ~l CC ~~~.~~~ TTERS J < J / ~ R r lj~ ~' ~ ~%~x ,~ ~' IZ, Y '~.~' SE.t 12,Y~l~t" ~ lnnu REG10806 ~, sue. 3/16/07 m".ma ~ ~°„f ~ REG10806 ~~up~,~~~:~ ~LTet+~,Ad~ ras ism ra e~s~uio ~ ~2`~~ V \Z,~ ~C ~~ `v. ~,. NEW B RA IV C H BAN I< IN1"C-f.~I~Lf~I`I N.E.C. OF SR 434 ~L I'ARI<STONE BLVD ® ® WINTER SPRINGS, FLORIDA "°'""""'"""`°"`'""'~°°"~"""`"""""""`"' n~eaanssiiaa«~unaacew+nAaeeiesAwNw.nwN~ii. ouen.awuweasAwosieee+seiarcw~eo. uiexACicviwuu:.•eAiww.exw.iu. INTERPLAN NO. 2006.0193 N.FNfAfA tl.lOiRiD i0 u7e Mli aiNDia~w pSA iilloEUiF iOa ML AAaA11GEWH1a GgWf di wiaWpNi. +NOwMlibpeiia Nl wF xuw GOtP (111N11iaw fA\*lii lVivti'IDfD. T1-30.06, Ol•03-07, 03-74-07, 03.20-07, 03-27-07 REGIONS PROP. ID. NO. T2.FL.C.DLA0.2 ~.EGIBILITY l1NSATISf=~~<.CTt)f?Y ~oR sc~~r~rr~C, THE r Image management 7675 Oak Wdge F6ghway Knoxv~e, Tenness~ 37931 tessl Sax-azoo ook» 1685) 639.6311 Fax rl r REG-IL1 SMGL-RW fl t fl REGIONS BANK 15' green & white faced, illuminated, remote & raceway, modified-linear letters REG-IL15M -~ REG-ILISMWL-RW REG-ILISMGL-RW REG-ILISMWL-RM REG-ILISMGL-RM NMYkbBgpropulyd 1MNsY Bran, rwlAf 6e ~°~ a „olTdeLSCSBmup. ra:aerits~ -- ~- ~.: ,~ roviO BY .__~ _~___ Sirs b REG-IL15MWL•RM `~ 1Da. ~ss~~~~~)~i~~1~, ~ 5in. 1111®clifiecl-Linear Letters REGIONS BANK 15',18', 21°, 24' & 36" wh~e faced, non-illuminated, linear fabricated fabricated letters REG~IVIWIf REG-NII5WL-F REG-NIIBWL-F REG-NI2IWL-F REG-NI24WL-F REG-NI36WL-F RAUUrkd6epmpulyd iM h~ Boip, na row cap~larrw~ed~tAmt arnw mSda crag. 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