HomeMy WebLinkAboutBRI 1813 Villagio Fourth Modification to Binding Development Agreement -2007 10 01
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THIS INSTRUMENT WAS PREPARED BY
AND SHOULD BE RETURNED TO:
AA.~Y~NE ItCRSE, ClERK OF CiRCUIT COURT
~lNOLE COUNTY
BK Ob871 Pgs 0285 - 288; (4pgs)
CLERK'S ti 2007163054
RECORDED 11/20/2007 03:01:04 ~
RECORDING FEES 3S. 50
RECORDED BY T Saith
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
FOURTH MODIFICATION TO BINDING DEVELOPMENT AGREEMENT
THIS FOURTH MODIFICATION TO BINDING DEVELOPMENT
AGREEMENT ("Fourth Modification"), made and executed this ~fL-day of
%~h~ ,2007, 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 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, 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, 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
Fourth Modification to Binding Development Agreement
BRI Villagio, LLC - City of Winter Springs, Florida
P'Ige I of 4
WHEREAS, the parties desire to further modify the Agreement to allow BRI Villagio 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
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 and Third Modification not expressly
modified by this Fourth Modification shall remain in full force and effect.
NO'V, 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 Fourth Modification.
2.0 Code Waiver for Suite #1109 Tenant Identification Sign. Pursuant to section 20-
474, Winter Springs City Code, the City agrees to vary the building signage restrictions for the
tenant space identified as Suite #1109 within BRI Villagio's Shopping Center as follows:
2.1 Building Mounted Single Tenant Identification Sign. BRI Villagio is hereby
granted a waiver from the fourteen foot (14') maximum height allowance set forth in
section 20-470(3)c of the City Code for the building mounted single tenant identification
sign for Suite #1109. McGaba may erect one (1) building mounted single tenant
identification sign for Suite #1109 which shall be a maximum of three feet (3') in total
height and the top of the sign shall be located a maximum of twenty-three feet, four
inches (23' 4") from ground level.
3.0 Recordation. This Fourth 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 and other development approvals by the City for the
project, which are not expressly and specifically modified by this Fourth 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.
Fourth Modification to Binding Development Agreement
BRl Villagio, LLC - City of Winter Springs, Florida
Page 2 of 4
Signed, sealed and delivered in the
Presence of the following witnesses:
:";tJr,f1P1/A ci( PAc(,
Printed Name of Witness
4;1)
By:
Print Name:
~~~
Printed Name of Witness
BRI 1813 VilIagio, LLC,
a Florida limited liability company
STATE OF FLORIDA
COUNTY OF~o\)j~e
The foregoing instrument was acknowledged before me this ~ day of ~ c:...\U~,
2007, by
as ~~~~
,
of BRI 1813 Villagio, LLC, a
Florida limited liability company, who is personally known to me or v:nB has flrod1:lceEl
as identification.
(NOTARY SEAL)
(Name typed, printed or stamped)
Notary Public, State of
Commission No.:
My Commission Expires:
Fourth Modification to Binding Development Agreement
BRI ViIlagio, LLC - City of Winter Springs, Florida
Page 3 of4
By: '
CITY OF WINTER SPRINGS,
a Flo' Munici al Corporation,
ATTEST:
A LORENZO-LUACES
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By:
JO F. BUSH
Mayor
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Fourth Modification to Binding Development Agreement
BRI VilIagio, LLC - City of Winter Springs, Florida
Page 4 of 4