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Home My WebLink AboutChoices in Learning, Inc Second Modification to Binding Development Agreement - 2022 04 18 3 THIS INSTRUMENT WAS PREPARED BY AND SHOULD BE RETURNED TO: Anthony A.Garganese City Attorney Garganese,Weiss,D'Agresta&Salzman,P.A. Post Office Box 2873 Orlando,Florida 32802-2873 (407)425-9566 FOR RECORDING DEPARTMENT USE ONLY SECOND MODIFICATION TO BINDING DEVELOPMENT AGREEMENT THIS SECOND MODIFICATION TO BINDING DEVELOPMENT AGREEMENT ("Second Modification"), made and executed this ` a day of Ml L , 2022, 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 CHOICES IN LEARNING, INC., a Florida not-for-profit corporation (the "School"), whose address is 893 E. State Road 434, Longwood,Florida 32750. WHEREAS,the School is the owner of certain real property legally described in Exhibit A, attached hereto and incorporated herein by this reference; and WHEREAS, the School and the City entered into a Binding Development Agreement dated September 16, 2010, and recorded in the Official Records Book 7468, Page 0208, of Seminole County, Florida, and as amended by the First Modification To Binding Development Agreement, dated July 7, 2011, and recorded in the Official Records Book 7614, Page 583, of Seminole County, Florida(the"Agreement")'; and Second Modification to Binding Development Agreement City of Winter Springs and Choices In Learning,Inc. Page 1 of 7 Grant Maloy, Clerk Of The Circuit Court&Comptroller Seminole County, FL Inst#2022058256 Book:10239 Page:1463-1469; (7 PAGES) RCD: 5/16/2022 2:38:58 PM REC FEE $61.00 Book 10239 Page 1464 Instrument#2022058256 WHEREAS, the parties desire to modify the Agreement to increase the maximum height of fencing permitted on the Property to six (6) feet notwithstanding any contrary provision in the Agreement and further to allow for an electronic message center sign on the Property; and WHEREAS, the parties acknowledge and agree that all other terms and conditions of the Agreement not expressly modified by this Second 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 Second Modification. 2.0 Fencing. Notwithstanding any contrary provision limiting the height of fences to four (4) feet in certain locations under the Agreement, the School shall be allowed to install fences of six(6) feet in height for school hardening and security purposes. 3.0 Signage. The School shall be permitted to install an electronic message center sign in the location shown on Exhibit C1, attached hereto and incorporated herein by this reference, and in accordance with the specifications included in File No. (Project Number) 2022-0002. 3.0 Recordation. This Second 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 and other development approvals by the City for the project, which are not expressly and specifically modified by this Second Modification shall continue to remain in full force and effect. In the event of a conflict Second Modification to Binding Development Agreement City of Winter Springs and Choices In Learning,Inc. Page 2 of 7 Book 10239 Page 1465 Instrument#2022058256 between the terms of this Second Modification and the Agreement, the terms of this Second Modification shall prevail. IN WITNESS WHEREOF the parties have hereunto set their hands and seal on the date first above written. CITY OF WINTER SPRINGS By: .. C� Kevin McCann,Mayor Date: Kzjr(,k 2p2� ATTEST: p By: 1�-O`Or4-r Christian Gowan, City Clerk APPROVED AS TO FORM AND LEGALITY For the use and reliance of the City of Winter Springs, Florida only. CITY SEAL Date: F/aa- By: tho A. Garganese, City Attorney for _011TY f the City of Winter Springs,Florida �r- c, .4k l Exhibit B is intentionally omitted. Second Modification to Binding Development Agreement City of Winter Springs and Choices In Learning,Inc. Page 3 of 7 Book 10239 Page 1466 Instrument#2022058256 Signed, sealed and delivered in the Presence of the following witnesses: SCHOOL: i CHOICES IN LEARNING,INC., a Florida not-for-profit corporation Printed Nam of Witne By: ,1 Lk t C3 l-A CfQ r 4- i - Name• iit'h cx-as+ Title: e)b Ca r c1 C C�r Printed Name o Witness i d -C:) �Z Date: STATE OF FIQRIDA COUNTY OF - d The foregoing instrument was acknowledged before.me this 1 Play of 0 r 2022, byJ board. of CHOICES IN LEARNINO, INC., a Florida not-for-profit corporation, who Is personally known to me or who has produced as identification. (NOTARY SEAL) ;Nota ubl Sign re :. L4 ( IN MYCtN�Aiu1SS10N/GCs 318260.. nz EXPiREB J*26,2M (Name typed, printed or st mped 'Notary Public, State of M [Act iCommission No.: GC5 D (� iMy Commission Expires: — 2-3 i i i i i i Second Modification to Binding Development Agreement City of Winter Springs and Choices In Learning;Inc. Page 4 of 7 R Book 10239 Page 1467 Instrument#2022058256 EXHIBIT A LEGAL DESCRIP'170N A POW11ON OF LOTS 18, 19 AND 20,BLOCK"D"Or, D.R.MITCHELL'S SURVEY OF THE LEVY GRANT ON LAKE JESSUP,AS RECORDED IN PLAT BOOK 1,PAGE 5,PUBLIC RRCORDS OF SEMINOLE COW",FLORIDA, COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 20,BLOCK D,RUN N 07 DEGREES 01 MINUTES 11 SECONDS W ALONG THE WEST LINE OF SAID LOT 20,BLOCK D A DISTANCE OI,907A8.FE ET'TO"THENORTI INVEST CORNIER OF SAID LQT20,BLGCK_V __. - AMD TIIE SOUTHERLY RIGHT-OF-WAY DING OF FORK R STATE ROAD 434 (S R,419) ACCORDING TO FLORIDA D1 PARTMI ENT OF TRANSPORTATION RIGHT-017-WAY MAP SECTION NO.77070-761 5,I)ATED 12/10/1998;THENCE RUN N 83 DEGREES 50 MINUTES 23 81'CONDS E ALONG SAID SOUTHERLY R1GI-IT-OF-WAY LINE OF SAID I:ORNER STATE ROAD 434(S.It.419)A DISTANCE OF 23.591 EFF TO'1'1IE POINT OF BE'0INN]INC3;TII8NCE CONTINUESN 83 DEGREES 50 MINU'T'ES 23 SECONDS E,ALONG;SAID SOUT"[ITRi.,YRIGI-IT- OF-WAY LIN1s'A DISTANCE OF 1056.41 FAET',THENCE DEPARTING,SAID SOUTHERLY RIGHT-OF-WAY LINE RUN S 06 DEGREES 06 MINUTES 03 SECONDS F A DISTANCES OF 120.00 FRET;THENCE RUN N83 DEGREES 50 MINUTES 23 SECONDS 1E A DISTAT F OF 75.00 FE91%)'11ENCE RUN N 06 DEGREES 05 MINUTES 03 SIECONDS W A DISTANCE OF 120.00 FEETTO SAID SOUTHERLY RIGHT-OF-WAY LINE;THENCE RIJN N 83 DJWREES 50 MIN11TES 23 SECONDS E ALONG SAID SOUT YPRLY RIGHT--CIF-WAY I.1NR A DISTANCE OF 146.49 FEET TOA POINT OF CURVATURE OF A CARVE ON SAID SOUTHERLY RIGIIT-OF- WAY LINE,CONCAVE SOUTHWESTERLY,HAVINU A RADIUS OF 112.25 FRET AND A CENTRAL ANGLE OF 72 DEGREES 47 MINUTES 59 SECONDS;TIMI ICI PROM A CHORD BEARING OF S 59DEGREES 45 MINUTES 37 SECONDS E RUN ALONG TIM,ARC'.OF SAID CURVE A DISTANC8 OF 14162 CF?rA'1'O A 110INT Ole'i ANUI?NCY ON TH112 WES'I`B R:L.Y RIONT-OP-WAY LINE OF 1:ORMER STATk ROOD 434(ALSO KNOWN AS S.R.419);THENCE RIJN S 23 DEGIRI RES 21 MINUT'F�q 38 SECONDS E ALONG SAID WESTERLY RIGHT-OF-WAY LINE A DISTANCE OF 471.88 FEET IO THE NOR'I'HLRLY RIGHT-OIC-WAY LINE OF A POlt'i'ION OF PARCEL 110 OF STATE ROAD 434,ACCORDING!TO FLORIDA DEPARTMENT OF TRANSPORTATION'RIGHT-01-WAY MAP Swyl-ION 77070-2615,DATED 12/10/98 AND OFFICIAL RECORDS BOOK 2784,PAGES 1199 AND 1200 OF THE PUBLIC RLC:ORDS OF SEMINOLE COUNTY,FLORIDA-,THENCE RUN S 66 DEGREES 38 MINUTES 22 SECONDS W ALONG SAID NORTHERLY RIGHT-OF-WAY 1 JN`F3 A DISTANC.F OF 25.74 FEET TO A POINT ON CURVA rua OFA CURVE CONCAVE SOU11Il AS1T1AU,Y,HAVING A itAUlUS OP 280.00 FELT'AND A CENTRAL ANGLE OF 31 DESGRERS 15 MINU'1'IsS 12 SHCONDS;THENCE FROM A CHORD$_F_ARTNG OF S 51 DFOREES 00 MINUTES 46 SECONDS W RIJN LONG THE ARC OF SAID CURVE AND SIAD NORTTIERLY RIGHT-OF-WAY LINE A DISTANCE OF 152.73 FEUTO A NON-RADIAL LINES;THENCE RUN S 79 DEGREES 04 MIN UTHS 32 SECONDS W ALONG;SAID NON-RADIAL AND SAID NOIZI'I ERLY RIGHT-OF-WAY KINE A DISTANCH OF 48.00 FEET TO THE NOW111EASTERLY RIGHTOF WAY LINE OF A PORTION OF PARCEL 109 Second Modification to Binding Development Agreement City of Winter Springs and Choices In Learning,Inc. Page 5 of 7 Book 10239 Page 1468 Instrument#2022058256 AND SAID PARCEL 110 OF SAID STATE ROA] 434.A-ND A POINT ON A NON-TANGENT CURVE CONCAVE SOUTHWESTERLY,HAVING A RADIUS OF 281 S 1,7E13T AND A CENrYRAL ANGLE OF W D713610,11 S 36 MINUTES 03 SX-ONDS;'ITlI NC1 RUN TUR FOLLOWING FIVE (5)COURSES ALONG SAID NOIt I--JEASTERLY RIGHT-OF-WAY LINE;FROM A C11.0RD BEARING N 57 DEGREES 12 MINUTES 00 SECONDS`V RIJN ALONG THE ARC Ol;SAID CURVE A DISTANCE OF 127.78 FEET;THENCE.N 31 DEC RF,FS 29 MINUTES 59 SECONDS R, BEING A RADIAL,M-33ARING A DISTANCE'OF 2.001'EGI'1'O A POINT ON A NON-TANGENT CURVE CONCAVE SOLVIIINVESTER1,Y,HAVING A RADIUS OP 2317.00 F ET AND A CENTRAL AN'UIX OF 061)1'1Ci}L1E1 S5 15 M1NI]WSS 02 SECONDS;T1-TPNCr!,FROM A CHORD BEARING OF N 61 DEGREES 37 MINUTES 32 SECONDS W REIN ALONG THE ARC 01"SAID CURVE A DISTANCE OF 307.31 DEET;THENCE S 25 DEGREES 14 MINUTES 57 SECONDS W, BEING A RADIAL BEARING,A DISTANCE OF 2,00 FLET TO A POINT ON A NON-TANGENT CURVE CONCAVE SOU7'EiNvEs .RLY,13AVING A RADIUS OF 2815.00 FRU?]-AND A CENTRAL ANGLE OF 21-DEGREES-I 8-MINUTES-27-SECONDS;T1MNCI1firROM-A CI IORD - BEARING OF N 75 DEGREES 24 MINUTES 16 SECONDS W RUN ALONG THE ARC OF SAID CURVE A DISTANCE OF 1046.86 REGI'TO THE POINT OF BEGINNING, CONTAINING 8.70 ACRES(378,797 SQ)ARF PEM MORE OR LESS. Second Modification to Binding Development Agreement City of Winter Springs and Choices In Learning,Inc. Page 6 of 7 Book 10239 Page 1469 Instrument#2022058256 EXHIBIT C I 2 s p '��. iii '� ! `�,.. {, �".�� . � �. "•, �'�t Choices In leai nln g L7.°.0�iG9R SI,from v�fi9•of•evay Second Modification to Binding Development Agreement City of Winter Springs and Choices In Learning,Inc. Page 7 of 7