HomeMy WebLinkAboutMcGaba Third Modification to Binding Development Agreement - 2006 09 25
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MARYANNE MORSE, CLERK OF CIRCUIT COURT
SEMINOLE COUNTY
BK 86437 Pgs 1204 - 1207; (4pgs>
CLERK'S # 2006160895
RECORDED 10/09/2006 08:20:26 AM
RECORDING FEES 3S.S0
RECORDED BY H Bailey
THIS INSTRUMENT WAS PREPARED BY
AND SHOULD BE RETURNED TO:
v
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
FOR RECORDING DEPARTMENT USE ONLY
THIRD MODIFICATION TO BINDING DEVELOPMENT AGREEMENT
THIS THIRD MODIFICATION TO BIND~G DEVELOP EN AGREEMENT
("Third Modification"), made and executed this & day of , 2006, by
and between the CITY OF WINTER SPRINGS, a Florida mun cipal corporation ("City")
whose address is 1126 East S.R. 434, Winter Springs, FL 32708, and McGABA, LLC., a Florida
limited liability company ("McGaba"), whose address is 4986 Courtland Loop, Winter Springs,
FL 32708.
WHEREAS, McGaba and the City entered into a Binding Development Agreement
dated April 10, 2003, and recorded in Official Records Book 4839, Page 1896, of Seminole
County, Florida (the "Agreement")'; and
WHEREAS, a First Modification to Binding Development Agreement, dated February
26, 2004, was recorded in Official Records Book 05230, Page 1123-1125, of Seminole County,
Florida ("First Modification"); and
WHEREAS, a Second Modification to Binding Development Agreement, dated July 1,
2004, was recorded in Official Records Book 06153, Page 59-62, of Seminole County, Florida
("Second Modification"); and
WHEREAS, the parties desire to further modify the Agreement to allow McGaba to
construct a building mounted tenant identification sign which exceeds the City's Code's
maximum height allowance in the State Road 434 Corridor Overlay District's General Design
Standards for New Development Area; and
WHEREAS, the City is authorized by section 20-474, Winter Springs City Code, to enter
into a development agreement with a developer to set forth terms and conditions appropriate to
Third Modification to Binding Development Agreement
McGaba, LLC - City of Winter Springs, Florida
Page 1 of 4
meet the circumstances of the specific proposed development and to vary the standards of the
State Road 434 Corridor Overlay District, including signage; and
WHEREAS, the parties acknowledge and agree that all other terms and conditions of the
Agreement, First Modification and Second Modification not expressly modified by this Third
Modification shall remain in full force and effect.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties mutually agree as follows:
1.0 Recitals. The foregoing recitals are hereby incorporated herein by this reference
and deemed a material part of this Third Modification.
2.0 Code Waiver for Restaurant Space Tenant Signs. Pursuant to section 20-474,
Winter Springs City Code, the City agrees to vary the building signage restrictions for the 6,000
square foot restaurant space ("restaurant space"), as the restaurant space is depicted on the signed
and sealed engineering plans for the project approved by the City Commission on July 12,2004,
as follows:
2.1 Building Mounted Single Tenant Identification Signs. McGaba is hereby
granted a waiver from the fourteen foot (14') maximum height allowance for the
restaurant space building mounted single tenant identification signs as set forth in section
20-470(3)c of the City Code. McGaba may erect two (2) building mounted single tenant
identification signs for the restaurant space, one (1) on the north and one (1) on the east
side of the restaurant space. The building mounted tenant identification signs for the
restaurant space may not exceed a height of twenty-one feet four inches (21 '4") when
measured from ground level to the top of the sign.
3.0 Recordation. This Third Modification shall be recorded in the public records of
Seminole County, Florida, and shall run with the land.
4.0 Miscellaneous. All terms and conditions of the Agreement, First Modification,
Second Modification and other development approvals by the City for the project, which are not
expressly and specifically modified by this Third Modification, shall continue to remain in full
force and effect.
IN WITNESS WHEREOF the parties have hereunto set their hands and seal on the date
first above written.
Third Modification to Binding Development Agreement
McGaba, LLC - City of Winter Springs, Florida
Page 2 of 4
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Signed, sealed and delivered in the
Presence of the following witnesses:
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PATRICIA C Wil.klE ---
P':ed Name of Witness dJ
McGABA, LLC,
a Florida limited liability company
~
~: -
SIllRLE MACKE~
Its President
STATE OF FLOIUDA
COUNTY OF j '~JI1 i VoLe
The foregoing instrument was acknowledged before me this a day of 5lI>T 1#1 <<..i<..
2006, by SHIRLEY MACKERL Y, as President of McGABA, LLC, a Florida limited liability
company, who is personally known to me or who has produced
"'":- -----
as identification.
i~1\. M. RoaenbIatt
\ c..'J-.J My Commillion 00220t6<<J
-~~ Expire~ September 28.2007
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otary u IC 19nature
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(Name typed, printed or st~p'edJ ~ It
Notary Public, State of 't \ ~
Commission No.: J)J) '22- '+, yo .
My Commission Expires: cr )U/UcJ 7
. ,
(NOTARY SEAL)
Third Modification to Binding Development Agreement
McGaba, LLC - City of Winter Springs, Florida
Page 3 of 4
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ATTEST: I
CITY OF WINTER SPRINGS, a Florida
Municipal Corporation,
By:
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Third Modification to Binding Development Agreement
McGaba, LLC - City of Winter Springs, Florida
Page 4 of 4