HomeMy WebLinkAboutTab 31 Millers' School Supplies.pdfTHIS INSTRUMENT WAS PREPARED BY
AND SHOULD BE RETURNED TO:
Anthony A. Garganese
City Attorney of Winter Springs
Brown, Garganese, Weiss & D'Agresta, P.A.
225 E. Robinson St., Suite A660
Orlando, FL 32801
(407) 425-9566
i! aFiy lNi�i�: 11)h`.l:, I'1_L.JiK tn= I;EhiUUJ1 t1MMI
BX 05832 FIBS 11,4,6--3154
Oi/L113/:?10'.18 AN
i IY114I)INH Ft J. 711A
}Zi;l;i)�51)1.11 11Y i_ Wi3i1.31ey
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
li Florids ted 132750,
company, whose address is 151 Baywood Avenue, Suite 101, Longwood,
(collectively the "Developer"), on this .��ay 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 20-496 -- 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-
r- 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. Re 3resentations of Develo er and 011y. 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 Snb'ect Pro er 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 Va the Standards of Section 20-4$6. 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. Develo 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 Assi nment. This Agreement is not transferable or assignable
without the prior written consent of the City Commission.
8. A licahle Lgn 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 Agreement 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. Severabilz . 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. Sovereign 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. 0 '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
L-
16. Third -Part Ri hts. This Agreement is not a third -party beneficiary contract
f- and shall not in any way whatsoever create any rights on behalf of any third party.
r
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: �1i1�J
Andrea Lorenzo Luaces, City Cl rk
r
CITY. y
By: I�
John Bush, Mayor
APPROVED AS TO FORM AND
LEGALITY
For the use and reliance of the City of
Winter Springs, Florida only.
7 /)Llo5—
Date:
By:
Anthony Garganese, r ttoorney 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:
Signature of Witness
&h � _ I -) r - l r° (.[ _i-t
Printed Name of Witness
1
Signature f Witness
Printed Nhme of Witness
Signed, sealed and delivered in the
presence of the following witnesses:
Signature of Witness
Printed Name of Witness
Signature of Witness
.u\ 14 �` 1aL-
Printed Name of Witness
DEVELOPER
WAYNE AND CYNTHIA MILLER,
property owners,
By.
ayne er
Date: - 15
By: 7 %
CyAia Miller _
Date: -�
MILLERS' SCHOOL SUPPLIES, a Florida
limited liability company,
f
By:
Cyr is Miller
Its:
Date: ` -
City of Winter Springs/Miller School Supplies
Page 5 of 6
STATE OF FLORIDA
COUNTY OF SEMINOLE
f strument was acknowledged before me this J h day of
e oregoing m
j u L , 200 5 , by WAYNE MILLER, who is personally known to me or
has produ d ! rrr dr'� �_ �'� as identification and did take an oath.
fir.
(Notary Seal) Notary
_J
�.r PV C4 Notary Public State of Florida Print Name:
Tara J Richardson
o MY Commission ❑D429447
qP
OF 0,0 Zxvas 0511512009
STATE OF FLORIDA
COUNTY OF SEMINOLE
The foregoing instrument was acknowledged before me this J day of
200 , b CYNTHIA MILLER, who is personally known to me or
has prod u d F= f t di ; � i as identification d did take an Oath.
(Notary Seal) Notary
$*cr ay Notary Public State of Florida
_ Tara J Richardson
rit Name.
My Commission DD429447
kvF°` Expires 0511512009
STATE OF FLORIDA
COUNTY OF SEMINOLE
. —ro-re'C' i �At Ch6 fC U i
The foregoing ins�tr_ument rrwas acknowle ged before me this 1h day of
aL , 200� by as r— of
MILLERS' SCHOOL SUPPLIES, a Florida limited liability company, who is personally known
to me or has produced Gt'r L t C a id tification and did take an oath.
(Notary Seal) Notary
Print Name: I Q-rld- , I 0-V
l6AY PVb� Notary Public State of Florida V
Tara J Richardson
o My Commission DD429447
�of��flw Expires 05/15/2009
City of Winter Springs/Miller School Supplies
Page 6 of 6
9
DESCRIPTION*
FROM THE INTERSECTION OF THE SOUTHERLY RIGHT OF WAY LINE
OF S.R. NO. 434, AND THE EASTERLY RIGHT OF WAY LINE OF
MOSS ROAD; RUN THENCE S.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 1330.00
FEET; RUN THENCE EASTERLY ALONG THE ARC OF SAID CURVE
AND AFORESAID SOUTHERLY RIGHT OF WAY LINE 440.15 FEET
THROUGH A CENTRAL ANGLE OF 18'57'41" TO THE POINT OF
TANGENCY; THENCE N.72'3837"E_ ALONG SAID SOUTHERLY RIGHT
OF WAY LINE A DISTANCE OF 889.63 FEET FOR A POINT OF
BEGINNING; THENCE CONTINUE N.72'38'37"E. A DISTANCE OF
184.27 FEET; THENCE LEAVING AFORESAID SOUTHERLY RIGHT OF
WAY LINE RUN S.17'21'23"E. A DISTANCE OF 250.00 FEET;
THENCE S.72'38'37"W. A DISTANCE OF 235.02 FEET; THENCE
N.02'06'02"W. 57.01 FEET; THENCE 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 SIGMAGE
PARAMETERS 19 '7L)% i E.NA'A
LENGTH
24„ HIGH X 31'-2'` WIDE
SIGhIAGE: CHANNE-L UTTERS
j- "MILLERS' S4j, 100L
r
SUPPLIES" (RED }
rc
w
Via] a mod'
0 z a
. = Fes--- H
• � u N
N
-,t 1W cV
Z 0
t~ Dmoo
ME
1= N
o LU m=Zo
C7
Qom.. M=to, 'o
Exhibit "C"
z
w0
z�
U 2O
MARYANNE. MORSE
CLERK OF COURT, SEMINOLE COUNTY
301 NORTH PARK: AVE
SANFORD, FL 32771
407-665-4411
DATE : 07 / 29 / 2005
TIME:11:10:18 AM
RECEIPT : 331198
BROWN GARGANESE WEISS ET AL
CODE - 1025
ITEM -01 AGR 11:10:18 AM
FILE:2005127980
BK/PG:5832/1136
RECORDING FEE
86•50
Sub. Total
86.50
ITEM -02 AGR 11:10:18
AM
FILE:2005127981
bK/P6:5832/1146
RECORDING FEE
78.00
Sib. Total
78.D0.
AhlouU - DUE:
idC-, 4. aU
•'RID CHECK:
$164.50
Cheek #:19263
$66.5C
Chock #:19318
V 6,00
TOTAL PAID:
1164.50
REC BY &.L-WO0DL• EY -
DEPUTY CLERK
Have a Nice Day