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THIS INSTRUMENT WAS PREPARED BY
AND SHOULD BE RETURNED TO:
Anthony A. Garganese, Esquire
Brown, Salzman, Weiss & Garganesp, P.A.
Post Office Box 2873 .
Orlando, Florida 32802-2873
(407)425-9566
PARCEL I.D. NO.'S 26-20-30-5AR-OD00-0080
26-20-3 0-5A.R-OD00-009B
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FILE COPY
FOR RECORDING DEPARTMENT USE ONLY
BINDING DEVELOPMENT AGREEMENT
THIS BINDING DEVELOPMENT AGREEMENT, made and executed this
day of March, 2003, 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
McGABA, LLC., a Florida limited liability company ("McGaba"), whose address is 4986
Courtland Loop, Winter Springs, FL 32708.
WITNESSETH:
WHEREAS, McGaba is constructing a shopping center development on real property
located within the City of Winter Springs, Florida; and
WHEREAS, pursuant to the approval of the City of Winter Springs City Commission on
March 24, 2003, McGaba desires to facilitate the orderly development of a shopping center (the
"Shopping Center") on the Subject Property (defined in Section 3 below) as depicted in the site
plan attached hereto as Exhibit "A" and incorporated herein by this reference (the "Site Plan"), in
compliance with the laws and regulations of the City; and
Page 1 of 12
WHEREAS, the City Commission has recommended entering into a Binding
Development Agreement, ("Agreement"), with McGaba for the development of the Shopping
Center, and
WHEREAS, in addition to McGaba's compliance with all City Codes, permitting and
construction not in conflict herein, the City and McGaba desire to set forth the following special
terms and conditions.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties mutually agree as follows:
Section 1. Recitals. The foregoing recitals are hereby incorporated herein by this
reference.
Section 2. Authority. This Agreement is entered into pursuant to the Florida Municipal
Home Rule Powers Act.
Section 3. Subject Property. The real property ("Subject Property") which is the subject
to, and bound by, the terms and conditions of this Agreement is legally described on Exhibit `B"
attached hereto and made a part hereof by reference.
Section 4. Representations of McGaba. McGaba hereby represents and warrants to City
that McGaba has the power and authority to execute, deliver and perform the terms and
provisions of this Agreement and has taken all necessary action to authorize the execution,
delivery and performance of this Agreement. This Agreement will, when duly executed and
delivered by McGaba and recorded in the public records of Seminole County, Florida, constitute a
legal, valid and binding obligation enforceable against McGaba and the Subject Property in
accordance with the terms and conditions of this Agreement. McGaba represents it has
Page 2 of 12
voluntarily and willfully executed this Agreement for purposes of binding the Property to the
terms and conditions set forth in this Agreement.
Section 5. Obligations and Commitments. In consideration of the City and McGaba
entering into this Agreement, the City and McGaba voluntarily agree as follows:
(a) Buffer Wail and Buffer Area.. In compliance with Section 20-469 Buffers and
Walls, Winter Springs Land Development Code, McGaba shall provide a 6' (measured from grade
level) concrete panel buffer wall containing a dye cast brick or stone facing east to the Stone
Gable Subdivision property to the reasonable satisfaction of the City (the "Wall"). The Wall shall
be constructed as soon as reasonably practical and prior any permanent vertical construction for
the Shopping Center. The City recognizes that prior to construction of the Wall, McGaba must:
(i) clear a sufficient amount of the Subject Property for the eastern portion of the Shopping
Center and the eastern and southern portion of the Service Driveway; (ii) install utilities and storm
1
sewer (and restore grading); and (iii) pour a portion of the concrete slab for the Shopping Center
in order to utilize a portion of the concrete slab for the Shopping Center as a casting bed for
pouring pre cast sections of the Wall. McGaba shall construct the Wall utilizing construction
techniques that will preserve a total of 61 trees in the Buffer with a total of 582" in diameter at
a
breast height ("dbh") consisting of 44 oak trees with a total of 394" dbh and 17 palm trees with a
total of 188" dbh. In the event that any of the 61 trees described above die or are damaged during
the construction of the Shopping Center or for a period of 1 year after the last certificate of
occupancy is issued for the Shopping Center, McGaba shall be required to replace any dead or
damaged trees with like or similar species of trees properly approved by the City Forester. Such
replacement shall be made according to the standard of 1 inch dbh total replacement for each 1
inch dbh of dead or damaged trees and shall occur within ninety (90) days of death or damage
Page 3 of 12
unless a greater replacement period is granted by the City Forester for good cause. However,
each replacement tree shall be a minimum of 4" dbh and may be planted outside the Buffer on the
Subject Property upon the City's prior approval. McGaba shall not be required to place a wall in
the area designated as a jurisdictional wetland by the St. John's River Water Management District
or the United States Army Corps of Engineers .(the "Wetland"). The Wall shall be located around
the east and south sides of the Subject Property land configured in a manner along the east side of
the Subject Property (abutting the Stone Gable Subdivision) that provides approximately a thirty
(30) foot buffer area between the Stone Gable Subdivision resident property lines and the service
driveway that surrounds the Shopping Center (the "Service Driveway")'and meanders southward
closer to the Stone Gable Subdivision to accommodate the storm water pond and then westward
to the eastern most boundary of the 25 foot wetland buffer area in substantial conformity with the
Site Plan (the "Buffer"). The Wall, Wetland, Service Driveway and Buffer are depicted on the
Site Plan.
(b) Tree Ordinance 1 Tree Replacement Assessment. Since McGaba originally
filed its Application for Preliminary and Final Site Plan Approval prior to the adoption of
Ordinance No. 2002-08 repealing Chapter 5, Winter Springs Land Development Code, regarding
tree protection and preservation, McGaba is vested to a limited extent to be regulated under
Chapter 5 of the Winter Springs Land Development Code as it existed prior to the adoption of
Ordinance 2002-08 (Chapter 5 prior to its repeal shall be referred to as the "Tree Ordinance").
Particularly, McGaba is only vested with respect to tree removal and replacement rights and tree
replacement assessments and credits as more specifically granted and set forth in the Site Plan and
this Agreement. McGaba acknowledges and agrees that no other vesting from Ordinance 2002-
08 has been granted by the City. In the event that the approved Site Plan should ever be deemed
Page 4 of 12
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to be abandoned pursuant to the City of Winter Springs Land Development Code, the limited
vested right involving the Tree Ordinance granted hereunder shall no longer be applicable and any
development on the Subject Property subsequent to such abandonment of the Site Plan shall
comply with Ordinance 2002-08 as amended from time to time. Pursuant to the Tree Ordinance
and in consideration of the trees on the Subject Property which shall be cut, removed or destroyed
in connection with the development of the Shopping Center, McGaba shall be responsible for
payment of the sum of ONE HUNDRED FOUR THOUSAND THREE HUNDRED AND
NO/100 DOLLARS ($104,300.00) in fees to the City as a tree replacement assessment (the "Tree
Replacement Assessment") and NINE THOUSAND SEVEN HUNDRED THIRTY AND
NO/100 DOLLARS ($9,730.00) in arbor permit fees (the "Arbor Permit Fees"). The City hereby
agrees that McGaba may deduct from the Tree Replacement Assessment and Arbor Permit Fees,
certain tree replacement assessment and permit fee credits ("Credits") in the amounts designated
for and in consideration of certain items as set forth in Exhibit "C" attached hereto and made a
part hereof by reference.
(i) McGaba shall receive $20,000.00 in Credits for its additional costs and
expenditures associated with constructing the Wall utilizing special construction
methods designed to preserve trees in the Buffer. The City recognizes that such
construction techniques increase costs with respect to design, materials and
installation costs and the Credit described above in this subparagraph (1) reflect the
differences in such costs. Moreover, the placement of the Wall in this location and
utilizing these construction techniques will help preserve the east side of the
Subject Property in its natural state and save specimen and non -specimen trees;
Page 5 of 12
(ii) McGaba shall receive $15,000.00 in Credits for conveying to the City
that portion of the Subject Property comprising the Buffer, which is approximately
.2107 acres as depicted on the Site Plan. Such deed of conveyance shall state the
property is being conveyed -for conservation purposes to allow for a permanent
natural tree buffer between the ,Shopping Center and the Stone Gable Subdivision.
The deed shall be in a form deemed acceptable to the City Attorney prior to
recording. Further, the Buffer property shall be free of all encumbrances,
mortgages, liens, and other impediments to free and clear title at the time of
conveyance to the City. McGaba shall be responsible for" maintaining the Wall and
the deed of conveyance for the Buffer shall reserve a maintenance easement
providing access for such purposes. McGaba shall convey the Buffer to the City
prior to the issuance of any building permit from the City of Winter Springs for the
construction of the Shopping Center.
(iii) McGaba shall receive $5,020.00 in Credits for designing and
developing the Shopping Center parking area and parking islands to save two (2)
oak specimen trees depicted on the Site Plan, which total 50" dbh. The City
hereby agrees to allow McGaba flexibility regarding the relocation of some parking
islands in an effort to save said trees, provided that such relocation is acceptable to
the City staff and does not reduce the number and size of the parking islands
required by the City of Winter Springs Land Development Code.
(iv) McGaba shall receive $20,000.00 in Credits for replacing 200 trees.
Page 6 of 12
(v) McGaba's net arbor obligations shall be $54,010.00 and shall be payable
to the City prior to issuance of the building permit for the shopping center on the
Subject Property.
(c) Stone Gable Deceleration Lane. If, within seven (7) years of the date
hereof, the City and/or Florida Department ;of Transportation ("FDOT") determines that a
deceleration lane on S.R. 434 is necessary to serve the Stone Gable Subdivision entrance in the
area east of both entrances to the Subject Property (depicted on the Site Plan), McGaba shall
provide a deed to the City conveying a portion of the Subject Property to the City or FDOT (only
for such purposes) within thirty (30) days of a written request (referencing this Agreement) by the
City or FDOT to do so subject to the restrictions set forth in this subparagraph (c). The area to
be conveyed (the "Deceleration Lane Area") shall be an area no greater than eleven (11) feet in
width and shall be located within the area to be used as a landscape buffer required by the City as
shown on the Site Plan. Furthermore, the conveyance of the Deceleration Lane Area by McGaba
to the City or FDOT shall not cause reconfiguration or relocation of either of the two (2) existing
entrances to the Subject Property or the Shopping Center parking area in any manner. The
Deceleration Lane Area is depicted on the Site Plan attached hereto. In addition, the parties
hereby acknowledge that the conveyance of the Deceleration Lane Area may require re -location
of the Shopping Center sign in proximity to that area. In such event, McGaba may remove and
relocate such sign within the tract (in accordance with the City of Winter Springs Land
Development Code) without modification of the Site Plan or other City processes or permits.
(d) Tree Protection Guidelines. McGaba and its construction contractor's shall
fully comply at all times with the Tree Protection Guidelines set forth in Exhibit "M attached
hereto and made part hereof by reference.
Page 7 of 12
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(e) Cross -Access Easements. In a form acceptable to the City Attorney, the
following cross -access easement shall be granted to the City for public use and/or to the adjacent
property owner in accordance with Section 20-472, Winter Springs Code, prior to the first
Certificate of Occupancy for the Subject Property:
(i) A vehicular and,:, pedestrian cross -access easement, centered
approximately 170 feet south of the northwest corner of the Subject Property in a width
acceptable to the City engineer, but no greater than twenty-five (25) feet.
(f) Wetland Easements. Pursuant to the City of Winter Springs
Comprehensive Plan, Conservation Element, Policy 1.4.4, McGaba shall dedicate to the City a
conservation easement over all jurisdictional wetlands and wetland buffers depicted on the Site
Plan. Said easement shall be in a form deemed acceptable to the City Attorney and said
dedication shall occur prior to the issuance of a certificate of occupancy for the Subject Property.
(g) Draina_gEasement. McGaba shall convey a drainage easement located at
the southeast corner of the Subject Property, south of the stormwater retention pond, prior to the
issuance of a certificate of occupancy for the Subject Property. Said easement shall be in a form
deemed acceptable to the City Attorney.
(h) S.R. 434 Median Trees. Any tree located within the S.R. 434 median that
is damaged or removed by McGaba to accommodate the westbound left -turn median cut shall be
replaced or replanted at a location deemed acceptable to the City. Damaged trees shall be
replaced according to the standard of 1 inch dbh total replacement for each 1 inch dbh of
damaged tree and shall be required to be replaced with a like or similar species of tree properly
approved by the City Forester.
Page 8 of 12
(i) Off --site Light Spillage. Off -site light spillage shall only be permitted at the
main entrance of the Property so that the sidewalk and entrance along S.R. 434 are illuminated to
enhance public safety. However, any such illumination shall not cause any unreasonable glare for
motorists along S.R. 434 and shall first be approved by the City.
Section 6. Successors and Assigns. This Agreement shall automatically be binding upon
and shall inure to the benefit of the successors'and assigns of each of the parties.
Section 7. Applicable Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Florida.
Section 8. Amendments. This Agreement shall not be modified or amended except by
written agreement duly executed by both parties hereto and approved by the City Commission.
Section 9. Entire Agreement. This Agreement supersedes any other agreement, oral or
written, and contains the entire agreement between the City and McGaba as to the subject matter
hereof.
Section 10. 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 same shall not affect in any
respect the validity or enforceability of the remainder of this Agreement.
Section 11. Effective Date. This Agreement shall become effective upon approval by the
City of Winter Springs City Commission and execution of this Agreement by both parties.
Section 12. Recordation. This Agreement shall be recorded in the public records of
Seminole County, Florida, and shall run with the land.
Section 13. Relationship of the Parties. The relationship of the parties to this Agreement
is contractual and McGaba is an independent contractor and not an agent of the City. Nothing
herein shall be deemed to create a joint venture or principal -agent relationship between the
Page 9 of 12
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.
Section 14. Sovereign In, munity. Nothing contained in this Agreement 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 state and federal law.
Section 15. City's Police Power. McGaba 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.
Section 16. Interpretation. The parties -hereby agree and acknowledge that they have
both participated equally in the drafting of this Agreement and no party shall be favored or
disfavored regarding the interpretation to this Agreement in the event of a dispute between the
parties.
Section 17. Permits. The failure of this Agreement to address any particular City, county,
state, and federal permit, condition, term, or restriction shall not relieve McGaba or the City of
the necessity of complying with the law governing said permitting requirements, conditions, term,
or restriction.
Section 18. Third Party Rights. This Agreement is not a third party beneficiary contract
and shall not in any way whatsoever create any rights on behalf of any third party.
Section 19. Specific Performance. Strict compliance shall be required with each and
every provision of this Agreement. The parties agree that failure to perform the obligations
provided by this Agreement shall result in irreparable damage and that specific performance of
these obligations may be obtained by suit in equity.
Page 10 of 12
I
Section 20. Attorne 's Fees. In connection with any arbitration or litigation arising out of
this Agreement, the prevailing party shall be entitled to recover reasonable attorney's fees and
costs through all appeals to the extent permitted by law.
Section 21. 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. In addition, nothing herein shall, be construed as granting or creating a vested
property right or interest in McGaba or on the Subject Property.
IN WITNESS WHEREOF the parties have hereunto set their hands and seal on the date
first above written.
Signed, sealed and delivered in the
Presence of the following witnesses:
McGABA, LLC,
a Florida limited liability company
P 'nted Name of Witness
,-,I \�, - k m� (A P x _-- -
Printed Na�of Witness
CITY OF WINTER SPRINGS, a Florida
Municipal Corporation,
1
By: ~�
J N F. ;BUSH
ayor
SHIRLEY INA'CKERLY
Its President
ATTEST:
s r
BY
ANDREJ LORENZO-LUACES
City Cler
Page 11 of 12
OR OC£aX 048,373 ;!�TJiEz 11306
EXHIBIT "A"
(SITE PLAIN)
Final Site Plan is. on file at:
City Hall
City of Winter Springs
1126 East S.R. 434
Winter Springs, Florida 32708- -
i
I
EXHIBIT " B "
PROPERTY
That certain piece, parcel and track of land located in SEMINOLE County, Florida, described
as follows:
LEGAL ❑ESCRIPTfCNI`
THAT CERTAIN PIECE'.- PARCEL', AND TRACT _ OF LAND LOCATED IN SEMINOLE
COUNTY, FLORIDA. DESCRIBED AS FOLLOWS:
THE WEST 231.30 FEET OF LOT 8, BLOCK., D. DR. MITCHELL'S SURVEY OF LEVY
GRANT, AS RECORDED IN PLAT SOOK 1, PAGE 5, PUBLIC RECORDS OF SEMINOLE
COUNTY, FLORIDA, LYING SOUTH OF STATE ROAD 419 (OVIEDO ROAD);.
LESS THAT PART TAKEN 114' THAT CERTAIN ORDER OF TAKING FOR ROAD
RECORDED IN OFFICIAL .RE -CORDS BOOK 2784, PAGE 1196, PUBLIC RECORDS OF
SEMINOLE. COUNTY, FLORIDA.
CONTAINS 190,138 SQUARE FEET OR 4.365 ACRES MORE OR LESS.
TOGETHER WITH:
THE EAST 253.6 FEET OF LOT 9, (LESS THE EAST 100 FEET OF THE NORTH 150 FEET
THEREOF), BLOCK D, DR. 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.
ALSO LESS THE FOLLOWING PROPERTY EEIIJG MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
COMMENCE AT THE NORTHWEST CORNER OF LOT E. CHASE AND COMPANY'S
SUBDIVISION OF WAGNER, ACCORDING TO THE PLAT THEREOF AS RECORDED IN
PLAT BOOF; 6. PACE - 64. OF THE PU8L1C RECORDS OF SEMINOLE COUNTY,
FLORIDA; THENCE RUN SOUTH 06'55'04" EAST ALONG THE `NEST LINE OF
SAID LOT E, A DISTANCE OF 1100.73 FEET TO A POINT ON THE BASELINE OF
SURVEY OF S.R. 434 ACCORDING TO F.U.O.T. RIGHT-OF-WAY MAP SECTION
NUMBER 7707U-2516; THENCE RU14 NORTH 83'50'23" ,EAST ALONG SAID
BASELINE OF SURVEY A DISTANCE OF 390.41 FEET; THENCE DEPARTING SAID
BASELINE OF SURVEY RUN SOUTH U770013" EAST A DISTANCE OF 24.39 FEET
TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF S.R. 434: THENCE RJN
NORTH 83'51'32" EAST ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE A'
DISTANCE OF 168.42 FEET TO THE -WEST LINE OF THE EAST 253.5' FEET. OF SAID
LOT 9, BLOCK D, VOR A POINT OF BEGINNING; THENCE CONTINUE -WORTH
83'51'32" EAST ALOIJG SAID SOUTHERLY RIGHT-OF-WAY LINE A DISTANCE
OF 153.62 FEET TO THE WEST LINE Or THE EAST 100 FEET OF THE NORTH 150
FEET OF SAID LOT 9. BLOCK U; THENCE DEPARTING SAID SOUTHERLY RIGHT-OF-
WAY LINE RUN SOUTH 07'01'30- EAST ALONG SAID WEST LINE OF THE EAST
100 FEET OF THE NORTH 150 FEET OF LOT 9, BLOCK D, A DISTANCE OF 84.03 FEET;
THENCE DEPARTING SAID NEST ONE RUN SOUTH 83'53'17" WEST A
DISTANCE DF 153.62 FEET TO SAID WEST LINE OF THE EAST 253.6 FEET OF -LOT 9,
BLOCK D; THENCE RUN NORTH 07'01'30" WEST ALONG SAID WEST LINE OF
THE EAST 253,6 FEET A DISTANCE OF 83.96 FEET TO THE SAID SOUTHERLY
RIGHT-OF-WAY LINE S.R. 434 AND THE POINT OF BEGINNING.
EXHIBIT "C"
ARBOR OBLIGATION
This exhibit demonstrates the developer's arbor obligation as required in the Tree Ordinance.
Arbor Obligation
Clear Cut Obligation
Arbor Permit Fees
Replacement Requirements
TOTAL CLEAR CUT OBLIGATION
200 Tree Replacement Credits
30-Foot Buffer Credits
9,179-Sq. Ft. Property/Buffer Acquisition
Tree Preservation Construction Method
Specimen Tree Credits
2 Tree Preservations
Arbor Permits
TOTAL CREDITS
NET ARBOR OBLIGATION
City
Conveyance
9,730
104,300
15,000
20,000
5,000
20
114 030
20,000
35,000
5,020
00.020
EXHIBIT "D"
TREE PROTECTION GUIDELINES
1 Prior to construction or- during site preparation, barricading suitable to the City's arborist
shall be erected and maintained around all trees to be preserved in order to establish a tree
protection area. All trees to be preserved shall be identified on -site by harmless marking
or banding.
2. Prior to construction, tree protection signs shall be posted and maintained at all tree
protection areas. The contractor shall make every effort to protect all existing trees to be
preserved during site preparation and construction. Placement of material, machinery,
utility lines, soil, hazardous liquids, or vehicles within the tree protection area shall be
strictly prohibited. Materials, wires, signs, or nails shall not be attached to any tree unless
such materials are needed to preserve the tree.
3. Unless another suitable technique is approved by the City's arborist, the tree protection
barriers shall be constructed as follows: Uprights - 4" x 4" lumber on eight -foot (8)
minimum centers; horizontals - the equivalent of one (1) course of 2" x 4" lumber.
4. Tree protection barriers shall remain in place until construction is fully completed and all
paving, construction, and heavy equipment is off the Subject Property.
5. All trees to be preserved shall have their natural soil level maintained. All efforts shall be
made through the grading and drainage plan to maintain the natural drainage to and from
such trees.
6. Any tree that may need to be moved for any reason during the construction process shall
be relocated only under the direction and written approval of the City's arborist.
7 Properly install and maintain siltration and sediment control barriers around trees.
8 Root and canopy pruning shall be required by a qualified ISA arborist. Any damaged
roots shall be clean cut and covered by clean fill.
9 McGaba shall abide by the reforestation standards set forth in the Tree Ordinance and the
terms set forth in subparagraph 5(a) of this Agreement.
iv
Prepared by and Return to.:
•Anthony A. Garganese, City Attorney
I BBrown, Salzman, Weiss & Garganese, P.A.
25 E. Robinson Street, Suite 660
.O. Box 2873
Orlando, FL 32802-2873
FIRST MODIFICATION
441 NE K41W, CLEW OF CIRCUIT UkR
P►t1 112)52:F30 FOGS 112.3-1125
CLERK'S 41 20,04421395€0
FUORDU SUIUENA llt49: 9 M
iZEMRDIN6 FEES 15.0
RtEMRDE1D V t holden
INDING DEVELOPMENT AGREEMENT
THIS FIRST MODIFICATION TO BINDING DEVELOPMENT AGREEMENT ("First
Modification"), made and executed this _,:�?0 day of February, 2004, by and between
McGaba, LLC., a Florida limited liability company ("McGaba"), whose address is 4986
Courtland Loop, Winter Springs, Florida 32708, and the City of Winter Springs, a Florida
municipal corporation ("City") whose address is 1126 East State Road 434, WinterSprings,
Florida 32708.
RECITALS:
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, the parties desire to modify the Agreement regarding the height of the
concrete panel buffer walls McGaba may construct under. the terms and conditions set
forth herein; and
WHEREAS, the parties acknowledge and agree that all other terms and conditions
of the Agreement not expressly modified by this First Modification shall remain in full force
and effect.
C7
First Modification to Binding Development Agreement
McGaba, LLC - City of Winter Springs, Florida
Page 1 of 3
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 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 Buffer Wall. The parties agree that Section 5, Obligations and
Commitments, subsection (a), Buffer Wall and Buffer Area, of the Agreement shall be
modified requiring McGaba to provide a 8' (measured from grade- level) concrete panel
buffer wall, and not a 6' foot wall as specified in the original Agreement.
3.0 Recordation. This First 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 which are not
expressly and specifically modified by this First Modification shall continue to remain in full
force and effect.
IN WITNESS WHEREOF, the parties have executed this First Modification as of the
date first written above.
WITNESSES:
vsa� cuJI I
McGABA, LLC.,
a Florida limited liability company
By:t
hirley M ckerly
Its President
Date: cp,'-� 4 10
First Modification to Binding Development Agreement
McGaba, LLC - City of Winter Springs, Florida
Page 2 of 3
^E• Yy� }'1 f
ID '
A EST: CITY OF WINTER 0RIN9,S .v.
a Florida M41"tc1l corpOtiarg '
B r Ji
A dreams orenzo-Luaces J ` ,+v.. y -. s��Z
ftr� F. Bi.�s� 1Via o��
City Cle
STATE OF FLORIDA
COUNTY OF . bvl,
The foregoing instrument was acknowledged before me this > & day of
2004, by Shirley Mackerly, President of McGaba, LLC., a Florida limited
liability company, [who is personally known to me, or [ ] who has produced
as identification.
*•tM^�y,� Sue Hr3v+erd
,� GommissionCC97-178 NARY PUBLIC, State of Florida
* 1*
(SEAL) i.;ric:ber02 Z004 My commission expires:
First Modification to Binding Development Agreement
McGaba, LLC - City of Winter Springs, Florida
Page 3 of 3
lei main 116 411 In
THIS INSTRUMENT WAS PREPARED BY
AND SHOULD BE RETURNED TO:
Anthony A. Garganese, Esquire
rown, Salzman, Weiss & Garganese, P.A.
ost Office Box 2873
Orlando, Florida 32802-2873
(407)425-9566
llfiRYANE MAW, CLM OF CIRCUIT C&RT
SEKWULE C€11114TY
BK %153 Pqs 00b9 — &�; i4RO
CLERK'S 0 2006038304
Fk004kD 03/091M 09m:s7:55 AN
RWnIN8 FEES rL SO
REDMkD BY t holden
FOR RECORDING DEPARTMENT USE ONLY
SECOND MODIFICATION TO BINDING DEVELOPMENT AGREEMENT
THIS SECOND MODIFICATION TO BINDING DEVELOPMENT
AGREEMENT ("Second Modification"), made and executed this L, . day of July, 2004, 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 McGABA, LLC., a Florida
limited liability company ("McGaba"), whose address is 4986 Courtland Loop, Winter Springs,
FL 32708.
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
Second Modification to Binding Development Agreement
McGaba, LLC — City of Winter Springs, Florida
Pagel of 4
WHEREAS, the parties desire to modify the Agreement to allow McGaba to replace
sidewalks on three sides of buildings C&D in lieu of landscaping as long as the net landscaping
in the project does not decrease; and
WHEREAS, the parties desire to modify the Agreement regarding the width of the curb
islands on the corners of buildings C&D to nine feet (9') wide instead of ten feet (10') wide; and
WHEREAS, the parties desire to modify the Agreement amending the total number of
parking spaces from 200 to 195; and
WHEREAS, the parties acknowledge and agree that all other terms and conditions of the
Agreement and First Modification 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 Landscaping/Sidewalks. McGaba may construct sidewalks on three sides of
buildings C&D in lieu of landscaping as long as the net landscaping for the project does not
decrease.
3.0 Curb Islands. McGaba may amend the width of the curb islands on the corners of
buildings C&D to nine feet (9') wide rather than ten feet (10') wide.
195.
4.0 Parking. McGaba may amend the total number of parking spaces from 200 to
5.0 Recordation. This Second Modification shall be recorded in the public records of
Seminole County, Florida, and shall run with the land.
Second Modification to Binding Development Agreement
McGaba, LLC — City of Winter Springs, Florida
Page 2 of 4
6.0 Miscellaneous. All terms and conditions of the Agreement, First Modification,
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 WITNESS WHEREOF the parties have hereunto set their hands and seal on the date
first above written.
Signed, sealed and delivered in the
Presence of the following witnesses:
"M
McGABA, LLC,
AA a zXAlid a Florida limited liability company
Printed Name of Witness
By.
r SHIRLE MA&1 RLY
Printed Name of Witness Its President
STATE OF FLORIDA
COUNTY OF 5,0,.a ,µJoe.&
The foregoing instrument was acknowledged before me this 10 day of
'2.e0{p
2994, by SHIRLEY MACKERLY, as President of McGABA, LLC, a Florida limited liability
company, who is personally known to me ed
as identification.
(NOTARY SEAL)
M. RpaaANO
My Cgl►m"m DD224s4o
a� ExP res SspMmbw 26, 2007
Notary Public Signature
- /kl 0%s,611"76�
(Name typed, printed or starrtn
Notary Public, State of YC. & k., d 4
Commission No.: a C 4, O
My Commission Expires: 5EJTtA4 drS o 60j 7-40?
Second Modification to Binding Development Agreement
McGaba, LLC — City of Winter Springs, Florida
Page 3 of 4
ATTEST:
A LORENZO-LUACES
s City k,'
r
4 4� 60 . b
I� 4 ► c�''
CITY OF WINTER SPRINGS, a Florida
Municipal Corporation,
BY:
.+,.
4orJ:F. BUSH
Second Modification to Binding Development Agreement
McGaba, LLC — City of Winter Springs, Florida
Page 4 of 4
11111111111111111111111111111111111111111111111111111111111111
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)425-9566
1RYANNE MORSE, CLERK OF CIRCUIT COURT
:MINGLE COUNTY
( 06437 Pgs 1204 — 12071 Opgs)
JERK'S # 2006160695
:CORDED 10/09/2006 08t2WS AM
:CORD I NS FEES 35.50
:CORDED BY H Bailey
FOR RECORDING DEPARTMENT USE ONLY
THIRD MODIFICATION TO BINDING DEVELOPMENT AGREEMENT
THIS THIRD MODIFICATION TO BIND G DEVELOP N AGREEMENT
("Third Modification"), made and executed this day of JW2^ , 2006, by
and between the CITY OF WINTER SPRINGS, a Florida mun cipal corporation ("City")
whose address is 1126 East S.R. 434, Winter Springs, FL 32708, and McGABA, LLC., a Florida
limited liability company ("McGaba'), whose address is 4986 Courtland Loop, Winter Springs,
FL 32708.
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, the parties desire to further modify the Agreement to allow McGaba 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
Third Modification to Binding Development Agreement
McGaba, LLC — City of Winter Springs, Florida
Page 1 of 4
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 and Second Modification not expressly modified by this Third
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 Third Modification.
2.0 Code Waiver for Restaurant S12ace Tenant Signs. Pursuant to section 20474,
Winter Springs City Code, the City agrees to vary the building signage restrictions for the 6,000
square foot restaurant space ("restaurant space"), as the restaurant space is depicted on the signed
and sealed engineering plans for the project approved by the City Commission on July 12, 2004,
as follows:
2.1 Building Mounted Single Tenant Identification Signs. McGaba is hereby
granted a waiver from the fourteen foot (14') maximum height allowance for the
restaurant space building mounted single tenant identification signs as set forth in section
20-470(3)c of the City Code. McGaba may erect two (2) building mounted single tenant
identification signs for the restaurant space, one (1) on the north and one (1) on the east
side of the restaurant space. The building mounted tenant identification signs for the
restaurant space may not exceed a height of twenty-one feet four inches (21'4") when
measured from ground level to the top of the sign.
3.0 Recordation. This Third 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 and other development approvals by the City for the project, which are not
expressly and specifically modified by this Third 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.
Third Modification to Binding Development Agreement
McGaba, LLC — City of Winter Springs, Florida
Page 2 of 4
Signed, sealed and delivered in the
Presence of the following witnesses:
MCGABA, LLC,
a Florida limited liability company
By:
SMRLE MACKERLY
Its President
STATE OF FLORJPA
COUNTY OF A M ► pa
The foregoing instrument was acknowledged before me this 2-a day of EFT MM 4
2006, by SHIRLEY MACKERLY, as President of McGABA, LLC, a Florida limited liability
company, who is personally known to me or who has produced
as identification.
(NOTARY SEAL)
6.plj
M. RounbW
W com a*n pp�p
EVkOs SaPWMbw 2e, 2W7
otary Public Signature
rn n( US 6 A,1 A&/- o4l�—
(Name typed, printed or stapp d� P
Notary Public, State of F
Commission No.: DD 22 46 4-0
My Commission Expires: 14 2eq 7
Third Modification to Binding Development Agreement
McGaba, LLC — City of Winter Springs, Florida
Page 3 of 4
A'r'V1 L%'V-
CITY OF WINTER SPRINGS, a Florida
Municipal Corporation,
B4yorJF.
yr
BUSH
Third Modification to Binding Development Agreement
McGaba, LLC — City of Winter Springs, Florida
Page 4 of 4
l illl 11 llli ll Ili ll l9111 wit ll>l An it !!l 0111 if fi li lnl l llll
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.
�J Post Office Box 2873
Orlando, Florida 32802-2873
(407)425-9566
i AS.-YA fNE NORSEt CLERK OF CIRCUIT CLOCRT
SMINGLE Ct INTY
8K 06871 Rgs CLOB5 _ E88; (4pgs)
CLERR35 * L-0071630S4
RCURDED 1112012007 03:01-.% Pik
HEMMING FEES 3&50
RK-ORDED BY T Smith
FOR RECORDING DEPARTMENT USE ONLY
FOURTH MODIFICATION TO BINDING DEVELOPMENT AGREEMENT
THIS FOURTH MODIFICATION TO BINDING DEVELOPMENT
AGREEMENT ("Fourth Modification"), made and executed this / Sy —day of
�,y lam 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
Page 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.
NOW, T HEBEFORE, in consideration of the ijautual 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 Cotmty, 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
BRI Villagio, LLC — City of Winter Springs, Florida
Page 2 of 4
Signed, sealed and delivered in the
Presence of the following witnesses:
BRI Villa
Gliv
j ({' By:
•'4 � Y
Printed Name of Witness Print Name: �-4oPl (�
r J J BRI 1813 Villagio, LLC,
x a Florida limited liability company
Printed Name of Witness
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this 'I day of _ L �-�.
2007, by asof BRI 1813 Villagio, LLC, a
Florida limited liability company, who is personally known to me or
(NOTARY SEAL)
as identification.
Notary ublicXgnature
(Name typed, printed or stamped)
Notary Public, State of
Commission No.:
My Commission Expires:
Fourth Modification to Binding Development Agreement
BRI Villagio, LLC — City of Winter Springs, Florida
Page 3 of 4
A
"I
ATTEST:
I
By: !!!
I
A LORENZO-LUACES
Clerk
CITY OF WINTER SPRINGS,
a Flo ' Munici al Corporation,
By:
JO F. BUSH
Mayor
Fourth Modification to Binding Development Agreement
BRI Villagio, LLC — City of Winter Springs, Florida
Page 4 of 4
lAli 1114itIt111111Al11111111111111iIIf,itIII III P,IIt
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)425-9566
NARYANIE MRSE, CLERK OF CIREJjIT CLiRT
SENINGLE C011'i T Y
W 06671 Rgs 0281 — 284, (4pgs)
CLERK S # 20071ES3063
RECORDED 11/S0/1n. 07 0301:04
I-CORMINIS FEES M-L-50
RE RDED BY T Smith
FOR RECORDING DEPARTMENT USE ONLY
FIFTH MODIFICATION TO BINDING DEVELOPMENT AGREEMENT
THIS FIFTH MODIFICATION TO BINDING DEVELOPMENT AGREEMENT
("Fifth Modification"), made and executed this 13 ' day of ftwc- r )AI,< . 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, 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 was approved
by the City Commission on May 30, 2007 ("Fourth Modification"); and
Fifth Modification to Binding Development Agreement
BRI 1813 Villagio, LLC —City of Winter Springs, Florida
Page 1 of 4
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, the parties desire to further modify the Agreement to allow for the
construction of a building mounted tenant identification sign which exceeds the City 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, Third Modification and Fourth
Modification not expressly modified by this Fifth 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 Fifth Modification.
2.0 Code Waiver for Suite #1121 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 #1121 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 #1121. BRI Villagio may erect one (1) building mounted single tenant
identification sign for Suite #1121 which shall be a maximum of four feet (4') in total
height and the top of the sign shall be located a maximum of twenty-one feet (21') from
ground level.
3.0 Recordation. This Fifth 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 and other development approvals
by the City for the project, which are not expressly and specifically modified by this Fifth
Modification, shall continue to remain in full force and effect.
Fifth Modification to Binding Development Agreement
BRI 1813 Villagio, LLC — City of Winter Springs, Florida
Page 2 of 4
IN WITNESS WHEREOF the parties have hereunto set their hands and seal on the date
first above written.
Signed, sealed and delivered in the
Presence of the following witnesses:
f
Printed Naine of Witness
Printed Name of Witness
STATE OF FLORIDA
COUNTY OF �� W ---A
BRI Villa in:
By:
Print Name: l•_•y l �5 {j�-�
BRI 1813 Villagio, LLC,
a Florida limited liability company
The foregoing instrument was acknowledged before me this � day of
2007, by `1°' ��� " as `���t� ti of BRI 1813 Villagio, LLC, a
1
Florida limited liability company, who is personally known to me or
as iaenttnc
(NOTARY SEAL)
WHEN W
Cr�iM I imam:
90dadByt4sf& maiNftyAm.
Fifth Modification to Binding Development Agreement
BRI 1813 Villagio, LLC — City of Winter Springs, Florida
Page 3 of 4
anon.
lNotaryrPublii (gnatuxe
r '//1``� �2, �i C • S . IBQ14—
(Name typed, printed or stamped)
Notary Public, State of
Commission No.: ��
My Commission Expires: c
ATTEST:
By:�`-� _
A IIaI EA �S�i[ ENZ0-LUACES
Cify`rl
' (City Ste)
r .v
t
CITY OF WINTER SPRINGS,
a FlolodaZAunicipal Corporation,
JO F. BUSH
MAY"
Fifth Modification to Binding Development Agreement
BRI 1813 Villagio, LLC—City of Winter Springs, Florida
Page 4 of 4
111111 IN 1111111 It 11 It 1111111111111111111111 Il 10 111111ills
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) 425-9566
�IkO—A;NNE NDR�Ea CLERK OF CIRCUIT CCIURT
SENINDLE COMITY
BK 06916 Pgs 1332 - 13371 (6pgs)
CLERK' S # 20060096F,0
RECORDED 01/28121 8 11.211471 AN
RECURDIND FEES S2.50
RECORDED BY T Smith
FOR RECORDING DEPARTMENT USE ONLY
SIXTH MODIFICATION TO BINDING DEVELOPMENT AGREEMENT
THIS SIXTH MODIFICATION TO Bf DING DEVELOPMENT AGREEMENT
("Sixth Modification"), made and executed this 1� day of K p^ V , 2008, by
and between the CITY OF WINTER SPRINGS, a Florida municipal orporation ("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 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 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.
3.1,1 Building mounted tenant identification signs for Shopping Center
suites numbercd 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 fagade.
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 fagade.
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 fall 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 of 5
Signed, sealed and delivered in the
Presence of the following witnesses:
BRI Villa 'o:
By:
Printed Name of Witness Print Name:
Q—Q-4 BRI 1813 Villagio, LLC,
�� a Florida limited liability company
J� ; J,4 bkd
Printed Name of Witness
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this Z day of 4N�
2008, by o� �s�+ , as Ate, a �" �i- Y+^� of BRI 1813 Villagio, LL , a
Florida H ted liability c mpany, who is personally known to me
as identification.
(NOTARY SEAL)
MARiU E. Rg"
Na" Pim-sr.OWft
• L`a�rri�a�►�+���I,ZG09
�IwiNt�L1C411�
�aM�d � f�IaMl No11eli A'"'.
Nc y Pablic Signature
(Name typed, printed or stamped)
Notary Public, State of �R-4c-laP,
Commission No.: '�- b u4G"�14
My Commission Expires: Z,— 2A
Sixth Modification to Binding Development Agreement
BRI 1813 Villagio, LLC — City of Winter Springs, Florida
Page 4 of 5
ZQOC)
ATTEST:
By:-3�
ANDREA LORENZO-LUACES
City Clerk
(City Seal)
o
CITY OF WINTER SPRINGSva`�. °•,
a Flo ' unicipal Cow ratio,
eo :�,
JOLVF. BUSK .a. A - -
Mayor
Sixth Modification to Binding Development Agreement
BRI 1813 Villagio, LLC — City of Winter Springs, Florida
Page 5 of 5
N
N
��5
0
N