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HomeMy WebLinkAboutMiller, Wayne and Cynthia - Millers' School Supplies Signage Development Agreement -2005 07 15~}ain}Na~a~a~a~r~NMIN~NINM~iIMI .~ .. THIS INSTRUMENT WAS PREPARED BY AND SHOULD BE RETURNED TO: iQ aAnthony A. Garganese ~C..~ City Attorney of Winter Springs Brown, Garganese, Weiss & D'Agresta, P.A. 225 E. Robinson St., Suite A660 Orlando, FL 32801 P9RhtYtll~NVt: hHlit:~:, t.~NkK LI= Glkt'UIT 1~IlgtT St~:MZlVt~_t_ tYl1..lNTY BK ~r563E' }=~GS 1 146- i 154 C L E }~K' S # ~ ~'>~r51 ~c 7'981 Rt:t_~lttl>Hi! pi/~1:tM-~ 11:10:18 A!1 tdtawYlllllTNt3 (~t"a~`.i ~i~.tiQ }d~t~!}tlk~:ll 11Y t_ Wtac~clley (407)425-9566 SIGNAGE DEVELOPMENT AGREEMENT THIS SIGNAGE DEVELOPMENT AGREEMENT (the "Agreement") is issued by the CITY OF WINTER SPRINGS, a Florida Municipal Corporation (the "City"), whose address is 1126 East S.R. 434, Winter Springs, Florida 32708, and agreed to by WAYNE AND CYNTHIA MILLER, property owners, whose address is 220 E. Tradewinds Road, Winter Springs, Florida, 32708, and MILLERS' SCHOOL SUPPLIES, a Florida limited liability company, whose address is 151 Baywood Avenue, Suite 101, Longwood, Florida 32750, (collectively the "Developer"), on this ,day of July, 2005. WITNESSETH: WHEREAS, Developer is constructing a building on real property located within the City of Winter Springs, as more particularly depicted herein (the "Subject Property"); and WHEREAS, the Subject Property is located on the south side of S.R. 434 in the S.R. 434 Redevelopment Overlay Zoning District; and WHEREAS, the Code of Ordinances of Winter Springs (the "Code"), section 20-480, sets out the applicable design standards for the Redevelopment Overlay Zoning District; and WHEREAS, section 20-486 - 1.(1)(a) of the Code provides that signs and sign elements shall only advertise the name of the commercial development; and WHEREAS, pursuant to section 20-490 of the Code, Developer desires to enter into a developer's agreement with the City that will authorize the Developer to construct signage on the Subject Property that varies from the requirement set forth in Section 20-486-1(1)(a); and WHEREAS, in particular, the Developer desires to utilize a sign that contains the depiction of a school house imbedded in an apple, as more particularly depicted herein; and City of Winter Springs/Miller School Supplies Page 1 of 6 WHEREAS, in furtherance of the Developer's sign proposal and pursuant to section 20- 490 of the Code, the City Commission agrees to allow the Developer to vary the terms of section 20-486 of the Code regarding sign contents, in accordance with the terms and conditions of this Agreement as stated herein. NOW THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties mutually agree to the terms and conditions set forth under this Agreement as follows: 1. Recitals. The foregoing recitals are true and correct and are hereby fully incorporated herein by this reference. 2. Authority. This Agreement is entered into pursuant to the Florida Municipal Home Rule Powers Act and the Code. 3. Representations of Developer and City. Developer and City hereby represent and warrant that Developer and City have the power and authority to execute, deliver and perform the terms and provisions of this Agreement and have taken all necessary action to authorize the execution, delivery and performance of this Agreement. 4. Subject Property. The real property subject to this Agreement is legally described in Exhibit A, which is attached hereto and incorporated herein by this reference. 5. Approval to VarX the Standards of Section 20-486. The City Commission hereby approves the Developer to vary the standards of section 20-486 and allow the Developer to utilize the sign, as more particularly depicted herein, on the Subject Property, subject to the terms and conditions of this Agreement. Developer acknowledges that if this Agreement is ever terminated for any reason, the approval of the Developer to vary the standards of section 20-486 shall be deemed null and void and the use of the sign on the Subject Property shall no longer be permitted. 6. Devel~er's Obligations and Commitments. In consideration of the City entering into this Agreement with Developer, Developer agrees as follows: 6.1. Permitted Signs. The only permitted signs under this Agreement are the signs depicted on Exhibit "B" and "C" which are fully incorporated herein by this reference. The sign depicted on Exhibit "B" shall be placed on the face of the building located on the Subject Property. The sign depicted on Exhibit "C" shall be placed on the face of the monument sign located on the Subject Property. 6.2. Maintenance. Developer agrees to maintain the aforementioned signs in good repair and good aesthetic appearance at all times. City of Winter Springs/Miller School Supplies Page 2 of 6 6.3. Code. The Developer agrees to follow the Code in all other respects regarding signage on the Subject Property. 6.4. 7. Transfer or Assignment. This Agreement is not transferable or assignable without the prior written consent of the City Commission. 8. Annlicable Law; Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Venue for any state court action shall be Seminole County, Florida and Orlando, Florida for any federal court action. 9. Amendments. This Agreement shall not be modified or amended except by written agreement duly executed by all parties hereto and approved by the City Commission. 10. Entire A,Ereement. This Agreement supersedes any other agreement, written or oral, and contains the entire agreement between the parties as to the subject matter hereof. This Agreement shall be a binding obligation against the Subject Property upon recordation in the Seminole County Public Records. 11. Severability. If any provision of this Agreement shall be held to be invalid or unenforceable to any extent by a court of competent jurisdiction, the City has the unconditional right to declare this Agreement null and void and require that the approval granted in section 5 be immediately revoked. 12. Effective Date. This Agreement shall become effective upon approval by the City Commission and execution of this Agreement by all parties hereto. 13. Relationship of the Parties. The relationship of the parties to this Agreement is contractual and Developer is 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. 14. Sovere~n Immunity. Nothing contained in this Addendum 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. 15. City's Police Power. Developer 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. City of Winter Springs/Miller School Supplies Page 3 of 6 16. Third-Party Rights. This Agreement is not athird-party beneficiary contract and shall not in any way whatsoever create any rights on behalf of any third party. 17. Attorneys' Fees. Should the City take any action to enforce this Agreement, Developer agrees that the City shall have the right to collect reasonable prevailing party attorneys' fees and costs, through all appellate proceedings, in connection with said enforcement. 18. 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 Permit to address any particular City, County, State and/or Federal permit, condition, term or restriction shall not relieve Developer 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 other permits for the Subject Property until such time the work authorized or maintenance required under this Agreement has been completed to the full satisfaction of the City. IN WITNESS WHEREOF, the parties have hereunto set their hands and seal on the date first above written. CITY OF WINTER SPRINGS ATTEST: By: Andrea Lorenzo Luaces, City Cl rk t r . , ~'e 9~~ , 3 ~, ~ _'.~, ~ ., ~, ' . ~ °"Y r ~. ti~ ~ , .L' (, ~l '~,. CITY, SEAL,, . ...,.• By: John Bush, Mayor APPROVED AS TO FORM AND LEGALITY For the use and reliance of the City of Winter Springs, Florida only. 7 / a/o j Date: By: Anthony Garganese, i orney for the City of Winter Springs, Florida City of Winter Springs/Miller School Supplies Page 4 of 6 Signed, sealed and delivered in the presence of the following witnesses: l.~l ~~ ~~P .Q JI.QiLe Signature of Witness Printed Name of Witness ~:. Signature f Witne s Printed N e of Witness Signed, sealed and delivered in the presence of the following witnesses: Signature of Witness Printed Name of Witness Signature of fitness '~b ~ Printed Name f Witness DEVELOPER WAYNE AND CYNTHIA MILLER, property owners, By: w ayne er ~. Date: '~- / 5 -8 ~ By. _ r C ' a Miller Date: MILLERS' SCHOOL SUPPLIES, a Florida limited liability company, By: C is Miller Its: ~,lL-~P.^ Date: ~ --" City of Winter Springs/Miller School Supplies Page 5 of 6 STATE OF FLORIDA COUNTY OF SEMINOLE he foregoing instrument was acknowledged before me this ~ ~ ) h day of u ~ , 200 5 , by WAYNE MILLER, who is personally known to me or has prod d F r1 dtv/'s L- C. as identification an di take an oath. ~, a , ~. ' (Notary Seal) Notary -~- ~^ ~, ~.-~r °~~ Notary Public State of Florida print Name: ~ u-~~- ~ J ~ ~ Cr 1 ~ r~-~0 ^ Tara J Richardson o My Commission DD429447 'f'or v~°Q Expires 05115/2009 STATE OF FLORIDA COUNTY OF SEMINOLE The foregoing instrument was acknowledged before me this ~ 5 day of ~,1.~ L , 200 5 , b CYNTHIA MILLER, who is personally known to me or has produ d ~i d l /Px~~ ~c (': as identification d di take an oath. ~h Q (Notary Seal Notary ~,v¢'' °~s4^ Notary Public State of Florida ~~~~ j ~ n ~A ~ „/ t U,,J , Tara J Richardson 'nt Name: ' (~ ~f 1 l.~ tLl G~-~ '~~ s` My Commission DD429447 for n°" Expires 05!1512009 STATE OF FLORIDA COUNTY OF SEMINOLE The foregoing inst~ru, ment was acknowledged before me this ~~ day of (,l .~.. , 200 .~ , by C ~ (~~- , l`~, 1 ~~ , as Q~.l.~ i~ r- of MILLERS' HOOL SUPPLIES, a F orida lim ted liability company, who is personally known to me or has produced F j .~/; ~'-~1"S ~ f ~` • a id tification and did take an oath. (Notary Seal) Notary -~ ~ +,., ~ Print Name: 1(~-rLZ-~ ~ • / 1 I C-' 1 a/~~U ~.-~' "~,`^ Notary Public State of Florida Tara J Richardson e` My Commission DD429447 ?'or F~°" Expires 0511512009 City of Winter Springs/Miller School Supplies Page 6 of 6 DESCRIPTION: FROM THE INTERSECT{ON OF THE SOUTHERLY RIGHT OF WAY LINE OF S.R. N0. 43~-, AND THE EASTERLY RIGHT OF WAY LINE OF MOSS ROAD; RUN THENCE 5.88"23'42"E. ALONG SAID SOUTHERLY RIGHT OF WAY LINE 999.34 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 1330.OQ FEET; RUN THENCE EASTERLY ALONG THE ARC- OF SAID CURVE AND AFORESAID SOUTHERLY R)GHT C7F WAY LINE 440.15 FEET THROUGH A CENTRAL ANGLE OF 18'37'41" TO THE POINT OF TANGENCY; THENGE N.72'38'37"E. ALONG SAID SOUTHERLY RIGHT OF WAY LINE A DISTANGE OF 889.63 FEET FOR A POINT OF BEGINNING; THENCE CONTINUE N.72'38'37"E. A DISTANCE OF 184.27 FEET; THENGE LEANING AFORESAID SOUTHERLY RIGHT OF iNAY LINE RUN 5.17'21'23"E. A DISTANCE OF 250.00 FEET; THENCE 5.72°38'37"W. A DISTANCE OF 235.02 FEET; THENCE N.02'06'02"W. 57.01 FEET; THENGE N.17"21'23"W. 173.47 FEET; THENCE N.72°38'37"E. 35.75 FEET; THENCE N.17`21'23"W. 21.53 FEET TO THE POINT OF BEGINNING. Exhibit "A" EXHIBIT B. BUILDING SIGN MAXIMUM SiGNAGE PARr'lI+r1ETEf~'.5 C~ 7C)% TEN,4N LENGTH =~ '~4" ~'IGH X 31,_2'. WIDE -_ S!GNAGE: CHANNEL L~.TTERS "MILLERS' SCk-fCuL i sU~~~~Ll~_s" (RE€~ } ...~.~._ ._~...,.._. i ~~ _....._.__._ ......_._ _~ - 8'-0" - • `4 t ~eV INTERNALLYCLIT .'~jd CABINET BY SIGN V I L I..AG E MANUFACTURER CHOCOLATE ~ (PERMITTED SEPARATELY) ~ ~ ~ ~ TENANT GC TO PROVIDE POWER c TENANT ~' PROVIDE STONE • n BASE BEYOND 24" ° HIGH FROM FOUNDATION, GROUT SOLID CONCRETE ~~~ ~.: •. a.. •• :a.. .: Q. _ o ~ .Q •• • _ •. - .. •~ .~ d •e. ~ ,•4 .. FOUNDATION , • •• e • ° .. ~. ; . • .. - ' . ~ ~• • ~ ~ : a • a~ ~ ~ ~ , ~• ' ~. . ..I .I. e a °° ..ea s a e :e s• s e . 13'-6" ~ SIGNAGE -FRONT ELEVATION SCALE: 1/2" = 1'-0" (OPPOSITE SIDE SIMILAR) BROWN, GARGANESE, WEISS & D'AGRESTA, P.A. Attorneys at Laav Usher L. Brown' Offices in Orlando, Kissimmee, Debra S. Babb-Nutcher" Suzanne D'Agresta" Cocoa & ~'iera Joseph E. Blitch Anthony A. Garganese" Jeffrey S. Weiss ~ ~ ~ ~ ~~ ® Victoria L. Cecil Scott J. Dornstein - Andrew M. Fisher AUG 1 7i~ Katherine W. Latorre / 6~~ Amy J. Pitsch 'Board Certified Civil Trial Lawyer _ "Board Certified City, County & Local Government Law CIl'Y OF'NINTER SPRINGS ' OFFICE OF THE CITY CLERK Leary Erin J. O J. W. Taylor Of Counsel August 15, 2005 Ms. Andrea Lorenzo-Luaces, City Clerk City of Winter Springs 1126 East State Road 434 Winter Springs, FL 32708-2799 Re: Binding Development Agreement City of Winter Springs/Millers' School Supplies. Dear Andrea: Enclosed for your records and safekeeping is the original executed Binding Development Agreement as referenced above. Please insure that the agreement is archived in your department. If you have any questions, please do not hesitate to contact me. Sin rel , thong A. Garganese City Attorney AAG:sIb 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 & Viera (866) 425-9566 Website: www.orlandolaw.net • Email: firm@orlandolaw.net Y, ~ ' t i MARYANNE MORSE CLERK OF COURT, SEMINOLE COUNTY 3G1 NURTH PARK AVE SHNFIJRD, FL 32771 4G7-665-4411 DATE:G7/29/2GG5 TIME:11;iG:18 AM RECE ! 1='T : 3311 SB BROWN GARGANESE WEISS ET AL co>,E - 1 G29 ITEM -G1 AGR 11:iG:18 AM FILE:2045127980 I+K/F'G:5832I113fi RECORDING FEE 86.50 Sub. Total 8fi.50 ITEM -02 AGR 11;10:18 AM FILE:20051279$1 HK/GG:5832/114fi RECQkDI~IG FEE _ 78.00 ;;ub. ,Total 78. {10 .._~. .... .r.... ~. .-._.~._i`-- - . . AMOUNTS AUE. ..f1G4. U ; F'A-ID NECK;.. ~ f164.50 : ;:., . 'Cheek #:192fi3 ° f66.50 Ch'ert~ x:19318 ' f78.00 TOTAL F'ATll_~., _ -~1G4.5U REC KY:LWOODLEY 13ERlJT'Y CLERI'. Have a Nice Day