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Home My WebLink AboutTuskawilla Office Park First Modification to Binding Development Agreement -2006 05 09 IO~~ng"g.n".mW.dmw...gl~ G Prepared by and Return to: Anthony A. Garganese, City Attorney Brown, Garganese, Weiss & D'Agresta PA 225 E. Robinson Street, Suite 660 P.O. Box 2873 Orlando, FL 32802-2873 MARYANNE MORSt:, CLERK OF CIRCUIT COURT SEMINOLE COUNTY 8K 06253 PRI 0513 - 518; (6pgl) CLERK'S ~ 2006081851 RU.;QNlJl:D O::i/ll,;,1/~006 08:03:59 AM RtCOHlJING FEI:::S S2.50 RECORDED 8Y L McKinley FIRST MODIFICATION TO BINDING DEVELOPMENT AGREEMENT THIS FIRST MODIFICATION TO BINDING DEVELOPMENT AGREEMENT ("First Modification"), made and executed this 9th day of May, 2006, by and between the CITY OF WINTER SPRINGS, a Florida municipal corporation ("City"), whose address is 1126 East State Road 434, Winter Springs, Florida 32708, and TUSKAWILLA OFFICE PARK, L.L.C., a Florida corporation ("TOP"), whose address is 800 Westwood Square, Suite E, Oviedo, Florida, 32765. RECITALS: WHEREAS, the parties previously entered into a Binding Development Agreement which is recorded in the Public Records of Seminole County at Official Record Book 04347, Page 1670 ("Binding Development Agreement"); and WHEREAS, the Binding Development Agreement binds that certain real property located within the City of Winter Springs as more particularly and legally described in Exhibit "A," which is attached hereto and fully incorporated herein by this reference ("Property"); and WHEREAS, TOP desires to construct and maintain an entrance feature and signage on the Property, which will be generally located along Tuskawilla Road as described in Paragraph 2.0 below ("Entrance Feature"); and WHEREAS, the City Commission on October 14, 2002 conceptually approved the Entrance Feature referenced herein; and WHEREAS, TOP and the City Commission desire to memorialize in writing the final approval of the Entrance Feature under the terms and conditions set forth herein by modifying the Binding Development Agreement; and WHEREAS, the parties acknowledge and agree that all other terms and conditions of the Binding Development Agreement not expressly modified by this First Modification shall remain in full force and effect. NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements set forth and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree to modify the Binding Development Agreement as follows: 1.0 Recitals. The foregoing recitals are hereby incorporated herein by this reference and deemed a material part of this First Modification. 2.0 Entrance Feature. The parties agree that TOP shall be allowed to construct a new decorative business Entrance Feature on the Property generally located along Tuskawilla Road under the following terms and conditions: 2.1 The Entrance Feature shall be constructed and perpetually maintained in complete conformity with the plans and specifications of the Entrance Feature described and depicted on the attached Exhibit "B," as approved by the City Commission on April 28, 2003, which are hereby fully incorporated herein by this reference. 2.2 It is the intent and purpose of this First Modification to limit the Entrance Feature for the Property to the Entrance Feature mentioned in Paragraph 2.1 above. 2.3 TOP shall apply for and obtain all governmental permits which are necessary to construct the Entrance Feature referenced in 2 Paragraph 2.1 above in compliance with all applicable local, state, and federal law. 2.4 TOP shall maintain the Entrance Feature referenced in Paragraph 2.1 in good and reasonable condition at all times. 2.5 Unless the City Commission by majority vote agrees to modify the Binding Development Agreement, as amended by the First Modification, TOP shall not change the exterior of the Entrance Feature in any material manner that would cause the Entrance Feature to appear differently than the Entrance Feature depicted in Exhibit "B." 3.0 Miscellaneous. All terms and conditions of the Binding Development Agreement which are not expressly and specifically modified by this First Modification shall continue to remain in full force and effect. {SIGNATURE PAGE FOLLOWS} 3 IN WITNESS WHEREOF, the parties have executed this Ffst Modification as of the date first written above. ./7 .~",/ , ~. ......"",,\, ........ 'It .-,,~ 'ql.' CITY OF WIN.TER-~PR~~.:io) , a Florida myl,rOIpal e'rlParati~. . ,,' I\,.oo.~ ...........1 e. T ., , l.o.,,' (It. ~k ~ ~.: 0 It'):~~. , ,n... _. -; , ......... '. ~. ~: ~ ,,:" .~ . ;' ... 'v : ~ ..- f"'~ -- " ... .'" .- ., . .~.,. - . " 'Ii? ~t.\l. '.-.- ., ...- ,\"\"~,,,,~,,,- ATTEST: fJ ';\ TUSKAWILLA OFFICE PARK, Li.c. a Florida limited liability company < By: WINDSWEPT J.D.!. INC., A Florida corporation, Its Manager By: WILLI Date: -Proy l\'Le 0 r N-{u) OrLtf'~W;~ Sl'ATr llr FLuRJ:O-A COUNTY OF CAl<U~'TO~\ The foregoing instrument was acknowledged before m , 2006, by WILLIAM BARRETT, President r' S .L.C., a Florida corporation, [vrWho is persona kn n to . Z/ (day of ILLA OFFICE e, or [ ] VJRO Rag t'(t,UUh'-II, . " ."",-,,1 ,I' . '.. I( '." ..". ; (SEAL). "'''9'' .' t... 'r> .~ : ' () : -'. c. ,_.\. /" . ,;J" (: f;" t' .. _- I ...::-: \"", ...v '......",. ~ (, -< --.I /' ~ NOTA ,State 0 'da. ~ My commission expires: ff N~ . ~'~Z4( .. . . .. ~ ...." I .' -~( . ..,.' '1-....' to.'" \ 4 EXHmIT "A" The real property ("Property") which is the subject to, and bound by, the terms and conditions of this Agreement is legally described on Exhibit "A" attached hereto and made a part hereof by reference. Legal description: THAT PORTION OF LOTS 53, 54, 55, 58, 59, 62, 63 AND THOSE UNIMPROVEDRIGHT-oF-WAYS LYING BETWEEN LOTS 55 AND 58, LOTS 59 AND 62 AND THE NORTH Yz OF TIIAT 30' VACATED RIGHTOFW A YL Y1NG SOUTHERL YOFLOTS 55, 58, 59, 62 AND 63, D.R. MITCHELL'S SURVEY OF THE LEVY GRANT, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 5 OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF THE AFOREMENTIONED LOT 63; THENCE RUN SOUTH 87002' 40" EAST, ALONG THE SOUTH LINE OF LOT 63, A DISTANCE OF 62.14 FEET TO THE POINT OF BEGINNING; THENCE DEP ARTINGSAID SOUTH LINE RUN SOUTH 02057'20"WEST, A DISTANCE OF 15.00 FEET TO THE CENTERLINE OF A 30' UNIMPROVED RIGHT OFW A YV ACA TED IN OFFICIAL RECORDS BOOK 4112, PAGE 0597 OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA; THENCE RUN SOUTH 87002'40" EAST ALONG SAID CENTERLINE A DISTANCE OF 1129.20 FEET TO THE WESTERLY RIGHT -OF-WAY OF TUSKA WILLA ROAD AS DESCRIBED IN OFFICIAL RECORDS BOOK 3603, PAGE 1095 OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA; SAID POINT LYING ON A CURVE CONCAVE NORTHWESTERLY HAVING THE FOLLOWING ELEMENTS: A RADIUS OF 5677.58 FEET, A CENTRAL ANGLE OF 03042'36", A CHORD LENGTH OF 367.57 FEET AND A CHORD BEARING OF NORTH 12013'06" EAST; THENCE FROM A TANGENT BEARING OF NORTH 140 04'24" EAST, RUN NORTHEASTERLY ALONG SAID RIGHT OF WAY AND THE ARC OF SAID CURVE A DISTANCE OF 367.64 FEET TO THE POINT OF REVERSE CURVATURE OF A CURVE CONCAVE SOUTHEASTERL YHA VING THE FOLLOWING ELEMENTS: A RADIUS OF 5781.58 FEET, A CENTRAL ANGLE OF 01012' 46", A CHORD LENGTH OF 122.38 FEET AND A CHORD BEARING OF NORTH 10058' 11" EAST; THENCE RUN NORTHEASTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 122.38 FEET; THENCE DEPARTING SAID CURVE AND RIGHT OFWA Y LINE RUN SOUTH20020'33" WEST, A DISTANCE OF 64.52 FEET; THENCE RUN SOUTH 45038 '29"WEST, A DISTANCE OF 59.63 FEET; THENCE RUN SOUTH 71 030'38"WEST, A DISTANCE OF 48.60FEET; THENCE RUN NORTH 75028'56" WEST, A DISTANCE OF 27.98 FEET; THENCE RUN NORTH 54016'32" WEST, A DISTANCE OF 44.31 FEET; THENCE RUN SOUTH 44013'12" WEST, A DISTANCE OF 18.82 FEET; THENCE RUN SOUTH 51018'33" WEST, A DISTANCE OF 345.75 FEET; THENCE RUN SOUTH 86031 '22" WEST, A DISTANCE OF 82.36 FEET; THENCE RUN NORTH 62037' 17"WEST, A DISTANCE OF 63.47 FEET; THENCE RUN SOUTH 76027' 4 7" WEST, A DISTANCE OF 62.38 FEET; THENCE RUN NORTH 84034' 12"WEST, A DISTANCE OF 83.22 FEET; THENCE RUN SOUTH 76044'49" WEST A DISTANCE OF 45.06 FEET; THENCE RUN NORTH 81018'28" WEST, A DISTANCE OF 49.25 FEET; THENCE RUN SOUTH 85001 '56"WEST, A DISTANCE OF 48.02 FEET, THENCE RUN SOUTH 52042'01 "WEST, A DISTANCE OF 67.33 FEET, THENCE RUN SOUTH 80017'21 "WEST,ADISTANCEOF 52.69FEET; THENCE RUN SOUTH 03027'55" WEST, A DISTANCE OF 23.12 FEET; THENCE RUN SOUTH 69034'23" WEST, A DISTANCE OF 95.27 FEET; THENCE RUN NORTH 82016'34" WEST, A DISTANCE OF 77.56 FEET; THENCE RUN SOUTH 84055'50" WEST, A DISTANCE OF 75.60 FEET TO THE POINT OF BEGINNING. CONTAINING: 199,036 SQUARE FEET (4.569 ACRES) +/- K:rrSW/J1/LEGAL DESCRIPTION.DOC REV 8/6/01 JEM -1- EXHIBIT \."-~jl CJ) z o ~ > W ..J W W o U5 ~ r I~ I : ~I b .. f. ' -, . ':. ", , '" \ >. . .., - ; '. ; :.:': '. ~-l' l! ,., .~) I . . I 2:' ::c . ( , : -' ' ,,\,.:~ i ~ _ . ", c' z o ~ > W -J UJ I- Z o 0:: U- ~ RECEIVED MAY 3 n 2006 BROWN, GARGANESE, WEISS & D'AGRESTA, ~il~ro~I~~TEE~I~~?!ii?~~ Attorneys at Law Debra S. Babb-Nutcher" Joseph E. Blitch Usher L. Brown · Suzanne D'AgrestaD Anthony A. GarganeseD J.w. Taylor Jeffrey S. Weiss Offices in Orlando, Kissimmee, Cocoa & Ft. Lauderdale Scott J. Dornstein Andrew M. Fisher Mitchell B. Haller Katherine W. Latorre Paul H. McLester Amy J. Pitsch Erin J. O'Leary Of Counsel 'Board Certified Civil Trial Lawyer "Board Certified City, County & Local Government Law May 26, 2006 Via U.S. Mail Andrea Lorenzo-Luaces, City Clerk City of Winter Springs 1126 East State Road 434 Winter Springs, Florida 32708 Re: First Modification to Binding Development Agreement Winter Springs I Tuskawilla Office Park Dear Andrea: Please find enclosed for safekeeping, the original First Modification to Developer's Agreement as referenced above. Should you have any questions, please do not hesitate to contact our offices. Very truly yours, ~~- ~Sandi Bowker Assistant to A. Garganese City Attorney Enclosure Islb 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