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HomeMy WebLinkAbout2008 01 14 Regular 606 Development Agreement Modification Building-Mounted Identification Signage for Villagio Shopping CenterCITY COMMISSION AGENDA ITEM 606 January 14, 2008 Meeting Consent Informational Public Hearing Regular X MGR. /~~ /DEPT Authorization REQUEST: The Community Development Department requests the City Commission approve the proposed development agreement modification to allow the City Manager to approve or deny building-mounted identification signage, particularly that in excess of 14 feet in height, for the Villagio shopping center. PURPOSE: The purpose of this agenda item is to approve the proposed sixth modification to the development agreement (DA) to allow the City Manager to approve or deny individual building-mounted identification signs at the Villagio shopping center (a.k.a. S.R. 434 Retail). The height and distance from the SR 434 right-of--way have necessitated 3 previous DA modifications to accommodate individual tenant needs - an inefficient, slow, and costly process. APPLICABLE REGULATIONS Chapter 166, Florida Statutes Development Agreement (DA) & Modifications Chapter 20, Section 20-470 (3) CONSIDERATIONS: Villagio (a.k.a. SR 434 Retail) was approved as a shopping center with an Italian village theme within the C-1 zoning district and the SR 434 New Development Overlay Zoning District. It was approved well in advance of the aesthetic review ordinance being adopted. Villagio is comprised of one primary two-story building and two much smaller detached single-story outbuildings on the same site (there are no out-parcels). The first floor of the primary building is retail with 6,000 SF of restaurant area at the northwest corner. The second floor office area has yet to be leased and building-mounted signage will likely be requested by the tenant or tenants. On October 8, 2007, the Commission approved the fifth (5`") DA modification sign permit January 14, 2008 Regular Agenda Item 606 Page 2 of 2 application for the proposed Anytime Fitness, which depicted one internally illuminated building- mounted multi-tenant identification sign for the north (SR 434 side) at approximately 21' above the adjacent sidewalk, which is higher than the prescribed maximum 14' above the adjacent sidewalk grade (Subsection 20-470 (3) (c) in the SR 434 New Development Overlay Zoning District}. In reviewing the proposal, staff considered not only the dimensions of the building and its features, but also the distance from the building to the SR 434 ROW (approximately 90' farther away from the S.R. 434 right-of--way than the Yen-Yen signs approved in September of 2006). On May 29, 2007, the Commission approved a fourth DA modification for the height and dimensions of the Wine by Design building-mounted signage. Villagio is clearly different from the standard SR 434 New Development commercial development, particularly in terms of distance from the right-of--way and building height. Rather than bring a separate DA modification for each building-mounted identification sign, as tenants come and go, staff proposes that the City Manager be authorized to approve or deny proposed building-mounted signage, within specified parameters, based on the approved building plans, for the shopping center. The dimensional variations approved in the existing DAs would remain in effect. RECOMMENDATION: Staff recommends the City Commission approve the proposed sixth modification to the existing Villagio development agreement to allow the City Manager to approve or deny the proposed building-mounted tenant identification signage at Villagio within the parameters set forth in the development agreement. ATTACHMENTS: A. Location Map B. Subsection 20-470 (3} of the City Code C. Proposed 6th DA Modification (provided separately by City Attorney) CITY COMMISSION ACTION: CDD/January 9, 2008/4:07 PM ATTACHMENT A J (Co~ tinue 6P~g 2409 ~~ } ~ # ~~,~~' Continu~d Pg 2~~ 5 ~~ ~ `~ i j ~ .,,..,. .~; ..~ O~ _. 3 a ~ r ~ ~ i ~~:- _ ~ ~, -. ~~ _-~----~~ !.~_. ~. ~ ..~.- ==°- _.~.._.~.._~ - STATE Rp 4' __ ~.-w------- EAST G ~ G, -- &51 ~ X59 F E SR 434 ~~ © ~ ~ $teI00'1 93~' - -~ ~ fl ~ d- ; `v teI161% C~ ~ ~ , a ~ _ ~~ i ~I~ l I~~l 855 E SR 434 y ~w~~ fl 11 _ r ` Ste22 p Ste2209 ____ ~,__.-~: 150 . w.. -_ 148 ,~ II ,,_....._~47__~-.~ 46 n~ 45~ ~ 86~ ~ _ 1 .~-, _, 144 _~.w ,~i: ~, ; ~', 4 2 ~ 1 ~~,,~ a3 ~ ~ ~. ~ ~,~, X31 ~~ 52 140 _ ~ ~~-~ '~.~ ~ ~ ~._-~_~..-,.~ 3~7 138 ~~ .w~~-~, ,-~--~~~ 51 136 ~_. __~-~__-~ ~~ 63 ~ c~. `, ~ ~ ~ ~, ~ w ~ ~~ 134 ~. j 04 ~~ 1'~O ~ ~ ~ ~ ft ~ ;;~ ~ M 1106 ~ ~`~ _. f...~ ~ '; ~, 132 .~ ', ~ ' r... ~ M 108 ` `. o '. ," '~ ~... ? .... ~ ti ~, f 2~ ~. 530 ~.. .i_j O._.:~ ~ 13 ~ ~~~,~ ~-~w ~ X28 ....1..12 ..~~ y ~ ~ ~ ~ ,. 39 1' ,, /° 1 ,p~ ~ __._ s .N ,Fame Creek ~,~.,,.,.»~~~°°'.~.. ~ _, _.__.__..._. .._ ._ "" ~~..~.. ~. ~µ~ oiy ~,. f 1,7 __,,.~..... r ~. e~ ~.~.~- - --112 r P ~ .~_.~ I w _ `~ ~~~.~ 120: 16 a ,~ `~ `.,,. ~ ^w , „~.~.... ~j Continued Pg 2417 ~ Con 'nued Pg 2418 1___~ 2 ~ 3 ~ 4 ~ 5 ~ ~ ~ 7 ~ 8 1 MILE •:~ NOTES: ~~~ ~ ~' ~,. ~: - yy a ~y j • W EARL R ; Municipal Address Map Book ° ~o0 2~ Feet PRINTED: REVISED: ~ m Dec 2005 1 2 3 A. A • °• • • ~ City of Winter Springs, FL Page 2417A ATTACHMENT B ZONING Building Size (Gross Floor Anchor tenant Additional Area) Sign Over'250,000 square feet 4 of 12 square feet § 20-470 An anchor tenant is defined as the (3) Building mounted multi-tenant identifica- major retail store(s) in a center that is/are in excess of one hundred (100) front feet and a minimum area often thousand (10,000) square feet. (2) Ground mounted single-tenant sign: One (1) wide-based me~nument style, perms- . vent sign shall be permitted per single- tenant parcel. One additional permanent wide-based monument style sign may be permitted for parcels in excess of one (1) acre with more than one (1) ingress/ egress serving more than one (1) building. The minimum separation for all signs on an individual ownership parcel shall be two hundred (200) feet. a. Shall only be reserved for the tenant's on premises use. b. Shall be located no closer than fif- teen (15) feet from the front, side or rear property lines. c. Shall not exceed two (2) faces. d. Sign copy area shall not exceedthirty- two (32} square feet per face. For parcels in excess of 4.0 acres, the project identification sign face may be increased to forty-eight (48) square feet. e. Shall be consistent in design, format and materials with the architecture of the proposed building. f. The sign shall not be more than eight (8) feet in height above the closest driveway or vehicular use area. g. Signs shall be in an enclosed base that is at a minimum the full width of the sign. Landscaping shall be incorporated around the base to in- cludelow growing shrubs and ground cover and/or annuals to promote color. tion sign for buildings with separate exte- rior tenant entrances: In addition to the ground mounted identification sign, ten- ant signs shall Abe permitted on the exte- rior walla of the building at a location near the principal tenant entrance and be consistent with the following-criteria: a. Shall be limited to one sign per ten- ant for on-premises use. b. The sign(s) shall be clearly inte- grated with the architecture of the building, and shall be consistent in design, format, and materials with the architecture of the proposed build- ing. c. The sign(s) shall not either project above any roof or exceed a height of fourteen (14) feet. d. Wall signs shall display only one (1) surface and shall not be mounted more than twelve (12) inches from any wan. e. When more than one (1) tenant s~ is used on one (1) building,`-albtenant signage shall be consistent in size, materials, and placement. f. The maximum size of sign letters and logos, including any sign back- grounds, shall be twenty-four (24) inches in height for individual ten- ants other than anchor tenants. The maximum height of letters and logos for anchor tenants in a retail center shall not exceedtwenty-five (25) per- cent of the building height. An an- chor tenant is defined as the major retail store(s) in a center that is/are in excess of one hundred (100) front feet and a minimum area of ten thousand (10,000) square feet. Supp. No. 10 1385 § 20-470 g. The length of the sign may occupy up to seventy (70) percent of the linear feet of the storefront the busi- ness occupies. The anchor tenant may have the signage permitted for a building mounted single tenant identification sign. h. For office buildings without separate exterior tenant entrances, one wall sign not exceeding two (2) square feet shall be permitted identifying each individual tenant. The sign shall be located adjacent to the building entrance. (4) Building mounted single tenant sign: In addition to the ground-mounted sign, a building mounted sign may be permitted consistent with the following criteria: WINTER SPRINGS CODE b. The sign is located on the exterior wall of a building. c. The sign shall be consistent in de- sign, format and materials with the architecture of the proposed build- ing. d. The sign shall not either project above any roof or exceed the height of four- teen (14) feet. ` e. The sign shall display only one (1) surface and shall not project more than twelve (12) inches from any wall. a. Shall be reserved for one (1) tenant's f. Signs shall conform to the following on-premises use. schedule: Building Size (Gross''Floor Area) Max. Copy Area Max. Letter Height Less than 50,000 square feet 50,000 to 100,004 square feet Over 100,000 square feet 16 square feet 32 square feet 48 square feet 2 feet (5) Reserved (6) Reserved. (7) Changeable copy signs. In order to create continuity throughout .the corridor all changeable copy signs shall be as follows: a. The sign cabinet shall be all alumi- num extrusion or better as approved by staff. Changeable copy signs may be incorporated into permitted signs and shall be included as part of the permitted sign area as described be- low: 1. Changeable copy signs shall not comprise more than twenty- five (25) percent of the permit- ted sign area. 25% height of building 25% height of building (8) Backlit signs: Backlighting of signs shall be permitted, provided that should neon lighting be utilized the neon tubing shall not be exposed. (9) Permanent flags: -The following standards shall apply to permanent flags: a. One (1) flagpole may be permitted per parcel. b. The maximum width from top to bottom of any flag shall be twenty (20) percent of the total distance of the flag pole. c. Flagpoles shall maintain the same setback requirements tenant monu- ment signs. Supp. No. 10 1386 Villagio Development Agreement 6th Modification is being provided separately by the City Attorney ATTACHMENT C THIS INSTRUMENT WAS PREPARED BY AND SHOULD BE RETURNED 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)42-956b SIXTH MODIFICATION TO BINDING DEVELOPMENT AGREEMENT THIS SIXTH MODIFICATION TO BINDING DEVELOPMENT AGREEMENT ("Sixth Modification"), made and executed this day of , 2008, by and between the CITY OF WINTER SPRINGS, a Florida municipal corporation ("City") whose address is 1126 East S.R. 434, Winter Springs, FL 32708, and BRI 1813 VILLAGIO, LLC., a Florida limited liability company ("BRI Villagio"), whose address is 1160 E. Hallandale Beach Blvd., Hallandale, FL 33009. WHEREAS, McGaba, LLC. ("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") regarding the development of a Shopping Center located at 855 E. State Road 434 in Winter Springs; 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, a Third Modification to Binding Development Agreement, dated September 25, 2006, was recorded in Official Records Book 6437, Page 1204-1207, of Seminole County, Florida ("Third Modification"); and WHEREAS, a Fourth Modification to Binding Development Agreement, dated November 14, 2007, was recorded in Official Records Book 6871, Page 285-288, of Seminole County, Florida ("Fourth Modification"); and Sixth Modification to Binding Development Agreement BRI 18li Villagio, LLC -City of Winter Springs, Florida Page 1 of 5 WHEREAS, a Fifth Modification to Binding Development Agreement, dated November 13, 2007, was recorded in Official Records Book 6871, Page 281-284, of Seminole County, Florida ("Fifth Modification"); and WHEREAS, BRI Villagio is the current owner of record of the Subject Property pursuant to the warranty deed recorded at Book 6740, Page 800, Public Records of Seminole County; and WHEREAS, section 20-470(3)(c) of the City Code, which is applicable to the Subject Property, limits building mounted multi-tenant identification signs for buildings with separate exterior tenant entrances to a maximum of fourteen feet (14') in height; and WHEREAS, given the particular architectural design of the Shopping Center, which includes archways of differing heights, as well as multiple buildings located varying distances from the abutting public right-of--way, it is not practical or aesthetically pleasing to restrict the Shopping Center's building mounted tenant identification signs to fourteen feet (14') in height; and WHEREAS, the parties desire to further modify the Agreement to establish appropriate standards by which building mounted tenant identification signs may be permitted consistent with the design and architecture of the Shopping Center, as well as the existing tenant identification signs in the Shopping Center; 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 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, Second Modification, Third Modification, Fourth Modification and Fifth Modification not expressly modified by this Sixth 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 Sixth Modification. 2.0 BuildinE Mounted Tenant Identification Suns. Pursuant to section 20-474 of the City Code, the City hereby agrees to vary the standards of the State Road 434 Corridor Overlay District on the Subject Property as follows: Sixth Modification to Binding Development Agreement BRI 1813 Villagio, LLC -City of Winter Springs, Florida Page 2 of 5 2.1 First Floor Tenant Space. 2.1.1 Building mounted tenant identification signs for Shopping Center suites numbered 1101, 1105, 1113, 1117, 1125, 1129, 1153, and 1157, as depicted in Exhibit "A," attached hereto and fully incorporated herein by this reference, shall not exceed seventeen feet (17') in height above the adjacent sidewalk elevation. Further, suites 1153 and 1157 shall horizontally center building mounted tenant identification signs within the applicable portion of the tenant's facade. 2.1.2 Building mounted tenant identification signs for Shopping Center suites numbered 1133, 1135, 1137, 1141, 1145, and 1149, as depicted in Exhibit "A" shall not exceed sixteen feet (16') in height above the adjacent sidewalk elevation. 2.2 Second Floor Tenant Space. Building mounted tenant identification signs for Shopping Center suites numbered 2201, 2205, and 2209, as depicted in Exhibit "A" shall not exceed twenty-nine feet (29') in height above the adjacent sidewalk elevation. Further, said signs shall be vertically and horizontally centered in the applicable portion of the tenant's facade. 3.0 Recordation. This Sixth 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, Third Modification, Fourth Modification, Fifth Modification and other development approvals by the City for the project, which are not expressly and specifically modified by this Sixth 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. [EXECUTION PAGES FOLLOW] Sixth Modification to Binding Development A?reement BRI 1813 Villagio, LLC -City of Winter Sprints, Florida Paae 3 of 5 Signed, sealed and delivered in the Presence of the following witnesses: BRI Villagio: By: Printed Name of Witness Print Name: Printed Name of Witness STATE OF FLORIDA COUNTY OF BRI 1813 Villagio, LLC, a Florida limited liability company The foregoing instrument was acknowledged before me this day of , ?008, by , as of BRI 1813 Villagio, LLC, a Florida limited liability company, who is personally known to me or who has produced as identification. (NOTARY SEAL) Notary Public Signature (Name typed, printed or stamped) Notary Public, State of Commission No.: My Commission Expires: Sixth Modification to Binding Development Agreement BRI 1813 Villagio, LLC -City of Winter Springs, Florida Page 4 of ~ ATTEST: By: CITY OF WINTER SPRINGS, a Florida Municipal Corporation, ay: JOHN F. BUSH ANDREA LORENZO-LUACES Mayor City Clerk (City Seal) Sixth Modification to Binding Development Agreement BRI 1813 Villagio, LLC -City of Winter Springs, Florida Page 5 of 5 Q H m W E i 1 ~g ~~~ N LQ n I r 1 ~ Q 1 1 I n I r ~~ ~ LL h w i N ~ r ~ 1 1 I I I N , I r ~ I I FFt gy Q° S ~' gag o fq yQ I 1 1 r 1 ~ I ~ CCCC ~N pO ~ S O ,^- O n y r~ n I ~ ~ ~ 1 1 1 I ~~ ~m og m~ ~~ 0 Q W W J " --.. . , 111111 lIllIlIl'llllllllllllllllllll '1111 II! llll' '11111111' THIS INSTRUMENT WAS PREPARED BY AND SHOULD BE RETURNED TO: MHRHlNNE MURSt., C1.EkK Of (;lftt:Un LJUkl Sl::,UNOLE C0\JI41 V 8K Q6916 Pg$ 1332 - 13371 (Gpg$1 CLERK'S ti 2008009860 RECOkDED 01/aS/2i.)()8 11 :21:41 AM R!:C(lflD1NG Fl:t::S ~. SO ~C(IRDtD BY T Stith ~ 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 SIXTH MODIFICATION TO BINDING DEVELOPMENT AGREEMENT THIS SIXTH MODIFICATION TO BINDING DEVELOPMENT AGREEMENT ("Sixth Modification"), made and executed this 1'If'h. day of ,-r-4,.;v\IA~~ ' 2008, by and between the CITY OF WINTER SPRINGS, a Florida municipal orporatlOn ("CIty") whose address is 1126 East S.R. 434, Winter Springs, FL 32708, and BRI 1813 VILLAGIO, LLC., a Florida limited liability company ("BRI Villagio"), whose address is 1160 E. Hallandale Beach Blvd., Hallandale, FL 33009. WHEREAS, McGaba, LLC. ("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") regarding the development of a Shopping Center located at 855 E. State Road 434 in Winter Springs; 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, a Third Modification to Binding Development Agreement, dated September 25,2006, was recorded in Official Records Book 6437, Page 1204-1207, of Seminole County, Florida ("Third Modification"); and WHEREAS, a Fourth Modification to Binding Development Agreement, dated November 14, 2007, was recorded in Official Records Book 6871, Page 285-288, of Seminole County, Florida ("Fourth Modification"); and Sixth Modification to Binding Development Agreement BRI 1813 Villagio, LLC - City of Winter Springs, Florida Page 1 of5 WHEREAS, a Fifth Modification to Binding Development Agreement, dated November 13, 2007, was recorded in Official Records Book 6871, Page 281-284, of Seminole County, Florida ("Fifth Modification"); and WHEREAS, BRI Villagio is the current owner of record of the Subject Property pursuant to the warranty deed recorded at Book 6740, Page 800, Public Records of Seminole County; and WHEREAS, section 20-470(3)(c) of the City Code, which is applicable to the Subject Property, limits building mounted multi-tenant identification signs for buildings with separate exterior tenant entrances to a maximum of fourteen feet (14') in height; and WHEREAS, given the particular architectural design of the Shopping Center, which includes archways of differing heights, as well as multiple buildings located varying distances from the abutting public right-of-way, it is not practical or aesthetically pleasing to restrict the Shopping Center's building mounted tenant identification signs to fourteen feet (14') in height; and WHEREAS, the parties desire to further modify the Agreement to establish appropriate standards by which building mounted tenant identification signs may be permitted consistent with the design and architecture of the Shopping Center, as well as the existing tenant identification signs in the Shopping Center; 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 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, Second Modification, Third Modification, Fourth Modification and Fifth Modification not expressly modified by this Sixth 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 Sixth Modification. 2.0 Building Mounted Tenant Identification Signs. Pursuant to section 20-474 of the City Code, the City hereby agrees to vary the standards of the State Road 434 Corridor Overlay District on the Subject Property as follows: Sixth Modification to Binding Development Agreement BRI 1813 Villagio, LLC - City of Winter Springs, Florida Page 2 of 5 2.1 First Floor Tenant Space. 2.1.1 Building mounted tenant identification signs for Shopping Center suites numbered 1101, 1105, 1113, 1117, 1125, 1129, 1153, and 1157, as depicted in Exhibit "A," attached hereto and fully incorporated herein by this reference, shall not exceed seventeen feet (IT) in height above the adjacent sidewalk elevation. Further, suites 1153 and 1157 shall horizontally center building mounted tenant identification signs within the applicable portion of the tenant's fa9ade. 2.1.2 Building mounted tenant identification signs for Shopping Center suites numbered 1133, 1135, 1137, 1141, 1145, and 1149, as depicted in Exhibit "A" shall not exceed sixteen feet (16') in height above the adjacent sidewalk elevation. 2.2 Second Floor Tenant Space. Building mounted tenant identification signs for Shopping Center suites numbered 2201,2205, and 2209, as depicted in Exhibit "A" shall not exceed twenty-nine feet (29') in height above the adjacent sidewalk elevation. Further, said signs shall be vertically and horizontally centered in the applicable portion of the tenant's fa9ade. 3.0 Recordation. This Sixth 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, Third Modification, Fourth Modification, Fifth Modification and other development approvals by the City for the project, which are not expressly and specifically modified by this Sixth 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. [EXECUTION PAGES FOLLOW] Sixth Modification to Binding Development Agreement BRI 1813 Villagio, LLC - City of Winter Springs, Florida Page 3 of5 " Signed, sealed and delivered in the Presence of the following witnesses: C~1-P~ . r) (\ ~ M~ -i\-(i 6).-S""' Printed Name of Witness Print Name: By: \--. :,)U~ACt1 PA cl>l Printed Name of Witness BRI 1813 Villagio, LLC, a Florida limited liability company STATE OF FLORIDA COUNTY OF .~C\.\)~Q.d The foregoing instrument was acknowledged before me this -z. , day of ~~~~~Q..i , 2008, by ~'$S ~04~ ~, as 1V\~J..3l:>,.~'Nc;, l'I\!::(\'v~!t. of BRI 1813 Villagio, LLe, a Florida Ii ited liability c mpany, who is personally known to me as identification. ~.... _. "u' . MAKIU E. RI8AK H*Y PuIIIIC."," FIaIldI .cw.d.............1I091 t JIfIF.DD- ...... .,........NDIIIY... i'i\~Q~ cT::.. "Q.:.tb~~ (Name typed, printed or stamped) Notary Public, State of ~cQ:\I~. A" Commission No.: b't:, L\4(o~ My Commission Expires: ~ 2.G . '-cc'-) (NOTARY SEAL) Sixth Modification to Binding Development Agreement BRI 1813 Villagio, LLC - City of Winter Springs, Florida Page 4 of5 " , By: ,.....,"\\\\',,\\ ''90i' . ')' . CITY OF WINTER SPRINGS"'~~<~~:t, a FIo . unicipaI cOYJ;:;Zrp rati6n~ \'\~> ". ~ ' " d' 0 ',., . 1.-. 7. .?". ',,~ ..;....1.;.:, '-~ : <:.~ <\.,\ .: ...:",?,,~ ",~ '.. .'.' -,},,' ,../ . ATTEST: AN A LORENZO-LUACES City Clerk (City Seal) "'(1"( ;. >,.... Sixth Modification to Binding Development Agreement BRI 1813 Villagio, LLC - City of Winter Springs, Florida Page 5 of 5 .. EXHIBIT 'A' / I I I , I I , I I 1 , , 1 I , , , , , I ,_----------------------------------------------------------------:;7---~,~---------------------------------------------------------~----------------------, I ' ' I \ ' I \ \ I 1 I I '2201 : I I I I I I , 1 I ' I ' I I I I '" 1121' 1125 1129 1133 1135 1137 1141 1145 1149 1161' I ['See Devlp Agmt _______________ ("See Devlp Agmt ._______________"""_~_________ ____________ ..____________________________ ['Soe Devlp A9m1 --------------------/ Apprd 2007-05-29J Apprd 2007-10-00) Apprd 2006-09-25] FRONT ELEVATION LEFT ELEVATION RECEIVED FEB 0 5 2008 BROWN, GARGANESE, WEISS & D'AGREST1~,11~'a~~ NTER SPRINGS OFFICE OF THE CITY CLERK A~o~ ys dt ~~ Debra S. Babb-Nutcher" Offices in Orlando, Kissimmee, Cocoa, Tara L. Barrett Joseph E. Blitch Ft. Lauderdale & Tampa Vivian P. Cocotas Usher L. Brown' Scott J. Dornstein Suzanne D'Agresta" Robin Gibson Drage Anthony A. Garganese'' Mitchell B. Haller J.W. Taylor Katherine W. Latorre Jeffrey S. Weiss Terri E. Oster Amy J. Pitsch Board Certified Civil Trial Lawyer "Board Certified City, County & Local Government Law Board Certified Appellate Practice February 4, 2008 Andrea Lorenzo-Luaces, City Clerk City of Winter Springs 1126 East State Road 434 Winter Springs, Florida 32708 Re: City of Winter Springs / BRI 1813 Villagio Dear Andrea: Erin J. O'Leary' Catherine D. Reischmann" William E. Reischmann, Jr. Of Counsel Please find enclosed for safekeeping, the original recorded and fully executed Sixth Modification to Binding Development Agreement. Should you have any questions, please do not hesitate to me. Very truly yours, -2~Lt~:. ennette Farris Assistant to Anthony A. Garganese /jf Enclosure 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