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FIRST MODIFICATION OF BINDING DEVELOPMENT AGREEMENT
THIS FIRST MODIFICATION OF BINDING DEVELOPMENT AGREEMENT, dated
December 11, 2006 ("First Modification") is made and executed this S - day of 7Ya
2007, by and between the CITY OF WINTER SPRINGS, a Florida Municipal Corporation (th "City"),
whose address is 1126 East S.R. 434, Winter Springs, Florida 32708, and WEST END PROFESSIONAL
CENTER ONE, LLP, a Florida limited liability company ("West End"), and CHRISTOPHER F. REGAN
("Regan"), whose address is 225 S. Orange Avenue, Suite 1401, Florida 32801.
WITNESSETH:
WHEREAS, the Developer and City previously entered into a Binding Development Agreement,
dated December 11, 2006 ("Agreement"); and
WHEREAS, the parties desire to amend the Agreement as provided hereunder.
1. Paragraph 5(D) is hereby amended to add the following second sentence:
However, at the Developer's option, the Developer may substitute the middle two (2) seat walls with
a significant sculpture or fountain at the front entrance of the building.
2. All other provisions of the Agreement not amended by this First Modification shall 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
W itnes:
By:
Print:
By:
Print:
CITY OF WINTER SP 1WOS; a F1( tida
icipal corp.ottii
VIP �
ti �
By: o F. u;sh�,Mvur Ill i
,. AO�
STATE OF FLORIDA _
COIJNTY OF
The foregoing instrument was acknowledged before me this 0-- day ofv, 2007, by
as of the City of,Winter Springs, wh ers
ponally own to me, or has produced the
following identification:
1
3MA�YA* MORSE, CLERK OF CIRCUIT COURT
°[ARK SENINOLE COUNTY
L,BifG�6 5 Pgs ftn - 1t9; (4p9a)
j F I LE NUM 2007020660
i1/�.l••!l1ZTTTR Y ! 1A ! 1. 17 1T _ .�L _'!P TY
NOTAR;YAPUBLIC, State of Florida
By
Print:
M'My Commission DD209870
E,,., May 09. 2007
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
Witness
B:
Y
Print:
t0A t<A-
WEST END PROFESSIONAL CENTER ONE,
LLP., a Flomlimited liability jmrtWrship
By:
Print: Christoper F. Regan
Title: Managing Partner
STATE OF FLORIDA
COUNTY OF C7A
The foregoing instrument was acknowledged before me this lf�ib day of 2
by Christopher F. Regan as Managing Partner of WEST END PROFESSIONAL CENTER ONE, LLP, who
is personally known to me, or has produced the following identification:
Attachments
Exhibit A - Property
NOTARY PUBLIC, State of Florida
By: I I--- nne-t � )PnSFP
Print
My Commission Expires: Z
2
%s SUZANNE YENSER
W COMMISSION # DD 475185
¢. EXPIRES: January 1. 2010
BmiedT= Notary Ptik UrAv*i$ers
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
t
her F. Regan
STATE OF FLORIDA
COUNTY OF C'�)2i��D4�
The foregoing instrument was acknowledged before me this
by CHRISTOPHER F. REGAN, who is personally known to
identification:
2OO(-p
1 day of
me, or has produced the following
NOTARY PUBLIC, State of Florida
By:
Print: �
My Commission Expires: l�
` h�
FuT+
SUZANNE YENSER
My COMMISSION i 0O 475155
EMAES: January 1, 201Q
BMW ThmN*ryPt"eunckMIR S
EXHIBIT A
LEGAL DESCRIPTION
PARCEL ID # 36-20-3o-5o2-0000-001A
(PER O.R.B. o5a 1--6 PAGE 1597)
BEGIN-INO 264,03 FEETSOUTH 22 DEGREES t5 :'IINIMS EAST OP THE NOTMWES'T CORNER OF LOT
4 JOE E. JOHNSTON'S SURVEY, ACCOIWLNG TO PLAT THEREOF AS RECORDED IN DEED BOCK147,
PAGE 221, OF THE PUBLIC RECORDS OF SI3MMOLE COUNTY, FLORIDA. RUN'l'L-TENCE SOUTH 22
DF.L'R�.S t5 ?MIINUTES LASS' to 8.97FEFT, THENCE NORTH 5i 1)2OR£FS t5 N1INUITi3 F.AS'f 291.3 FP.R..'l',
TFIFtiCE NORTR 36 DEG BEES 43 M I1NU TES WM 2vo FEET, THENCE SO = 51 DEGREES 17 ikllNUl'ES
i8 SECONDS VVESTT'O BEGINNING, LESS ROAD ON EAST
AND
PARCEL ID 0 36-20-30-502-0000-0010 (PER O.R-B. o5962, PAGE o8i8)
C01VIb1ENCING AT THE MOST EASTERLY CORNER OF THAT PART OF BLOCK "B" OF D.R. MITCHELL'S
SURVEY OF THE LEVY GRANT, .AS RECORDED IN PLAT BOOK t, PAGE 5, IN THE OFFICE OF THE
CLERK OF THE CIRCUIT COURT OF SEMINOLF COUNTY, FLORIDA, LYING SOUTH AND WEST OFTiIE
PAVED ROAD LEADING FROM SANFORD TO OVEIDO; THENCE ALONGTIIE SOUTHWESTERLY SIDE OF
THE PAVED ROAD NORTH 38 DEGREES 45' VVF.ST t586.00 FEET TO A CONCRE"I'E 1 OMINTENr FOR A
POINT OF BEGINNING; THENCE CON nfMNG NORTH 38 DEGREES 45' WEST 2o0.00 FELT; THENCE
SOUTH 51 DEGREES 15' WEST 291,30 Fl"ETTO TfII: SOUT'H.EASTERLY SIDE OF A DTW..I' ROAD; THENCE.
SOUTH 22 DEGREES 208.8o FEET; THENCE NORTH 51 DEGREES 15'EA,ST 35i.10 FEEL' TO
'I'Ffi, PO1N1' OF BEGINNING.
117M AND F.XC1;P l' FRUl4t'fFIE: ABOVE: LANDS THAT PORTION TAKEN FOR ROAD RLGIfI'-0E-WAY FOR
STATE ROAD 434, BY T HE STATE, OF FI.ORIDA, DEPARTMENT OF TRANSPORTATION, BY VIRTUF, OF
THAT CERTAIN ORDER OF TAXIING RECORDED JTILY 27,1994, IN OFFICIAL RECORDS BOOK 2803, PAGE
1023, OF THE PUBLIC RECORDS OF SE11I`TOLE COUNTY, FLORIDA, BEL1G BORE P_iRTICUT-ULLY
DESCRIBEDAS FOLLOWS:
A PART OF LOT 1 OF JOE E. JOTINS.MN'S SURVEY AS RECORDED IN DEED BOOK 147, PAGE 221, OF
THE PLTBLIC RECORDS OF SE:VIINOLE COUNTY, FLORIDA, ALSO BENG A PART OF THE UNNU.IMBERE D
LOT IN BLOCK B, D.R. MITCHELL'S SURVEY OFTFIF. I.EVY GRANT, ACCORDING TO THE PT AT'rITRRIiOF,
AS RECORDED N PLAT BOOK i, PAGE 5, OF TFIE PUBLIC RECORDS OF SU- 11NOLE COUNTY, FLORIDA,
BEING yiORE PARTICUIIIRLY DESCRIBED AS FOLLM S;
C01VIMENCE AT THE NORTHEAST CORNER OF SAID UNNUMBERED LOT IN BLOCK B, BEING THE POINT
OF INTERSECTION OF THE SOUTHERLYRIGHT-OFWAY LINE OF FIRST STREET, A 30 FOOT WIDE
UNOPLNf%D RIGHT -OF --WAY AND THE NORTII4YESCEE LY RIGFCC-OT'-WAY LINE- OF BRANTLL'Y AVENUE, I
5o FOOT WIDE RIGHT -OF tiVAY; THENCE RUN NORTH 71 DEGREES 22'4o" WEST ALONG SAID
SOUTHERLY RIGHT-OF-WAY LINE OF FIRST STREET AND THE NORTH LINE OF SAID UNNUMBERED LOI
IN BLOCK B, A DISTANCE OF 1823.57 FEET TO A POINT ON THE BASELINE OF SURVEY OF SR 434
.ACCORDING TO FDOT RIGHT-OFAVAY MAP SECTION 77070-2516; THENCE RUN SOUTH 38 DF.GRFI-'S
32'22" EAST ALONG SAID BASELINE OF SURVEY OF SR 434, A DISTANCE OF 0.33 FEET; TIIENCE
DEPARTING SAID BASELINE OF SURVEY SR 434 RUN NORTH 71 DEGREES 25'23" WEST, A .DISTANCE
OF 55.26 FEET TO TTIE POUVr OF INTERSECf1ON OF TTIE SOUTHERLY RIGHT-OF-WAY LINE OF SAID
FIRST STREET AND TFIE SOUTHWESTL• RLY RIGHT-OF-W,%Y LIN` E OF SAID SR 434; TIiENCE RUN SOUTH
38 DEGREES 32'aa" EAST ALONG SAID SOLTFIWESTE.RI.Y RIGH'.f-OF-WAY LINE A DISTANCE. OF t90.84
FEET FOR A POINT OF BEGINNING; THENCE CONIINUE SOUTH. 38 DEGREES 32'22" EASl'ALONG SAID
SOUTFIWESTERLYRIGI.IT-0E-WAYIANXOFSit 4,34,ADI T.ANCF.OF2omooFET:r'rOTHE
EASTERNMOST COMER OF SAID I.OT t; TH:ENCF. DEI :AR'ITNO SAID S0MIM3CFRI.Y RIGHT -Or W.AY
LINE OF SR 434 RUN SOUTH Si DEGREES 27 38" WEST ALONG THE SOUTHEASTERLY 1 NE OF LOT 1
A DISTANCE OF 22.7o FEET; THENCE DEPARTING SAID SOUTHEASTERLY LINE OF LOT 1 RUN NORTH
38 DEGREES 43'16" WEST, A DISTANCE OF 200.00 FEET; THENCE RUN NORTH 51 DEGREES 27'38"
EAST, A DISTANCE OF 23.33 FEET TO THE PORK I' OF BEGNNINVG.
ALSO LESS AND EXCI?I''I' FROM THE ABOVE L ANDS THAT POR'l'lON TAKEN FOR ROAD REGH"T'-OF-WAY
FOR STATE ROAD 434 BY THE STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION, BY
VIRTU E OF THAT CERTAIN ORDER OF TAKING RECORDED OCTOBER 3,1994 IN OFFICIAL RECORDS
BOOK 2831, PAGE 1024, OF THE PUBLIC RECORDS OR SEMINOLE COUNTY, FLORIDA, BRING ONLY
M!'SC.R1Br D AS:
A PART OF LOT 1 OF JOE E. JOHNS EON'S SURVEY AS RECORDED IN DEED BOOK 147, PAGE 321, OF
4 'TTIE: PilB[lC RECORDS OF SE,'vIINOLE COUNTY, FLORIDA, ALSO BEING A PART OFTHE UNNUMBERED
LOT IN BI:OC'K B, D.R. MITCHEI is S SURVEY OF TTIE LEV V GRA\'T, ACCORDING TO TFIE PLATTHEREOF,
AS RECORDED IN PLAT BOOK t, PAGE 5, OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA.
F..
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ui
.sa199e3
ian11"1 auaaa1HaImill INN
€4ARYANNE NURSE, CLERK OF CIRCUIT WMT
SEMINDLE COUNTY
BK 06949 Pgs 1636 - 16391 i4pgsl
Prepared by and Return to: CLERK'S 0 2008029776
RECORDED 03/13/2008 11:SBt57 AN
Katherine W. Latorre, Esq. RECORDING FEES 35.50
Winter Springs Assistant City Attorney REMDED BY T Stith
Brown, Garganese, Weiss & D'Agresta, P.A.
P.O. Box 2873
Orlando, FL 32802-2873
(407)425-9566
SECOND MODIFICATION TO BINDING DEVELOPMENT AGREEMENT
THIS SECOND MODIFICATION TO BINDING DEVELOPMENT AGREEMENT
("Second Modification"), dated February 11, 2008, is made by and between the CITY OF
WINTER SPRINGS, a Florida Municipal Corporation ("City"), whose address is 1126 East S.R.
434, Winter Springs, Florida 32708, and WEST END PROFESSIONAL CENTER ONE, LLP,
a Florida limited liability company ("WEPCO"), and CHRISTOPHER F. REGAN ("Regan"),
whose address is 225 S. Orange Avenue, Suite 1401, Florida 32801 (collectively referred to herein
as "Developer").
WITNESSETH:
WHEREAS, Developer and City previously entered into a Binding Development
Agreement, dated December 11, 2006 ("Agreement") recorded in Seminole County Official Record
Book 6545, Page 1302, for the construction of an office park development; and
WHEREAS, on January 8, 2007, Developer and City entered to a First Modification of
Binding Development Agreement ("First Modification") recorded in Seminole County Official
Record Book 6585, Page 126; and
WHEREAS, the parties desire to further amend the Agreement as set forth in this Second
Modification; 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:
Section 1. Recitals. The foregoing recitals are hereby incorporated herein by this
reference and deemed a material part of this Second Modification.
Section 2. Terms of Modification. The following sentence, which was added by the
Second Modification to Binding Development Agreement
Winter Springs / West End Professional Center One, LLP / Christopher F. Regan
Page 1 of 4
First Modification to paragraph 5(D) of the Agreement, shall be deleted in its entirety and shall no
longer be included in the terms of the Agreement and/or any modification thereto (the sentence to
be deleted is set forth and stricken below for reference purposes only):
Section 3. Recordation. This Second Modification shall be recorded in the public
records of Seminole County, Florida, and shall run with the land.
Section 4. MisceIlaneous. All other provisions ofthe Agreement and First Modification
not amended by this Second Modification shall remain in full force and effect.
IN WITNESS WHEREOF the parties have hereunto set their hands and seal on the date
first above written.
Witnesses:
By:
Print: Kcvw c-. S, ,r7W
BY:
•1'1� l
Prin �ot4AJ L . r �+
STATE OF FLORIDA
COUNTY OF SeXMs (� D
CITY:
CITY OF WINTER SPRINGSa.4 pi6xi i -,I " ",
munici orporation -
By:
n F. Bush, Mayer -�
Lfl.
:ASS
The foregoing instrument was acknowledged before me this 22�'d ay of �LYU0, , 2008,
by John F. Bush, as Mayor of the City of Winter Springs, who is rsona y known t - e, or has
produced the following identification:
NOTARY PUBLIC, State of Florida
Notary pu qjc State of Florida
By.
Danielle Harker .
s
Print: Nulitiluc, G
commission -} DD5633i? My Commission Expires: 1 2(3 i r
¢I1 014
Second Modification to Binding Development Agreement
Winter Springs / West End Professional Center One, LLP / Christopher F. Regan
Page 2 of 4
WEST END PROFESSIONAL CENTER
ONE, LLP., p Florida limiter liability
By:
Print:,-�e �: a ✓�
Witnesses: Title: G r�
By:
Print: %, �4 z •Dr�E�
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this e�:Z12� day of 044tl
2008,by C'C„aG-R,4c 14Motof WEST END PROFESSIONAL
CENTER ONE, LLP, a Florida limited liability partnershi who is ersonally known to m or has
produced the following identification:
NOTARY PUBLIC, State of Fla ' a
By:
Print:9
My Commission Expires: Ire 4QIl
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Second Modification to Binding Development Agreement
Winter Springs / West End Professional Center One, LLP / Christopher F. Regan
Page 3 of 4
Witnesses:
By:-t•t
Print: .9,3�,QA
By:
(��Lk to qa4D aauls—
Print: L M ,
STATE OF FLORIDA
COUNTY OF O 19 A) C, 6'
REGAN:
C ' opher F. Re
The foregoing instrument was acknowledged before me this day of ��6,ea4e
2008, by CHRISTOPHER F. REGAN, who i5 erson y own to , or has produced the
following identification: -
NOTARY PUBLIC, State of F rida
By:
Print:
My Commission Expires:
r.aa.a..a BAR19 "GC".............
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Cote-M# ®D0629M
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Second Modification to Binding Development Agreement
Winter Springs / West End Professional Center One, LLP / Christopher F. Regan
Page 4 of 4