HomeMy WebLinkAbout2007 10 22 Regular 604 Development Agreement for Regions Bank
COMMISSION AGENDA
ITEM 604
Consent
Information
Public Hearine:
Ree:ular X
October 22. 2007
Meeting
Mgr. ~ /Dept. 1iP4-
(/
REQUEST: The Community Development Department requests the City Commission remove
from the table and approve a Development Agreement for the Regions Bank site,
located at the southeast comer of Parks tone Boulevard and SR 434.
PURPOSE: The attached Development Agreement (DA) is consistent with and fulfills the
commitments expressed at the March 12, 2007 site plan approval and the October
8,2007 Aesthetic Review. Approval ofthe DA must be finalized before the City
can accept certain negotiated items associated with the project design.
ZONING & LAND USE DESIGNATION:
Zoning: PUD
Future Land Use Designation: Commercial
Overlay: SR 434 New Development Overlay Zoning District
APPLICABLE LAW AND PUBLIC POLICY:
Chapter 166, FS
Comprehensive Plan
Chapter 9, City Code
Chapter 20, City Code
CONSIDERATIONS: The subject site received site plan (a.k.a. final engineering) and aesthetic
review on March 12,2007 for the AMSouth Bank, which is now Regions Bank. Signage was
depicted, but was not a part of that aesthetic approval. A number of site-related commitments
were agreed to be set forth in a development agreement. These include reducing the number of
parking spaces (reduce by 5) to provide additional greenspace (unless the applicant
demonstrates that the reduced number constitutes a hardship); committing to maintaining the
on-site open space; tightening the turning radius into the site from SR 434 (to the extent that
the FDOT will allow); a median, hand rail, and extra vegetative enhancements in the trail, on
each side of the curb-cut; a prohibition on Saturday banking (although the ATM will be
open); and the provision of on-site pavers in the area near where the driveway crosses the trail.
October 22,2007
City Commission
Regular Agenda Item 604
Page 2 of3
In conjunction with the October 8, 2007 aesthetic review, the building-mounted and wall signage
for Regions Bank need inclusion in the development agreement. The proposals include waivers
of the 14' maximum height and 16 SF maximum area limits for building-mounted single-
tenant signage. The single-story building contains a 33' tall tower, upon which the applicant
proposes two (2) 12.4 SF building-mounted single-tenant identification signs at a maximum
height of 16' above the adjacent grade. Subsection 20-470 (4) of the Code allows a maximum of
16 SF building mounted signage at a maximum height of 14'. The proposed building-mounted
signs are comprised of "Regions" in l' 3" tall individual white channel letters and the bank logo
(12.4 x 2 = 24.8 SF; 24.8/16 = 1.55% of the prescribed 16 SF maximum). It appears
proportional to the height and mass of the buildings.
Section 20-470 does not address a commercial sign on a buffer wall in the SR 434 New
Development Overlay Zoning District, although it allows single-tenant monument signs as large
as 8' tall and 32 SF. The approved monument sign (8' tall; 16 SF; approved on March 12,2007,
as part of the site plan, for size and location - but not aesthetic review) would have been inside
the fence and probably not visible from the SR 434 ROW. The applicant proposes to remove a
section of the existing metal fence and replace it with a 6' tall brick wall section and a 29.13
SF non-illuminated green and white sign. The sign is comprised of the "Regions Bank" in l'
6" tall individual white letters and the 2' 3" tall green bank logo. The sign would be located
approximately 13' inside the property line, instead of the prescribed 15'. Staff believes the
proposed wall sign is an up-grade from the previously approved monument sign. The
Commission approved the aesthetic review for Regions Bank signage, with the locations,
dimensions, and specifications in the agenda item, at its October 8, 2007 meeting.
FINDINGS:
1) The Regions Bank site is located within the Parkstone Planned Unit Development, on a
parcel designated for commercial uses.
2) The site has a Commercial Future Land Use designation and is located within the SR 434
New Development Overlay Zoning District.
3) The site plan and aesthetic review for the site (then AMSouth Bank) was approved on
March 12, 2007, with the aesthetic review for signage specifically excluded.
4) The applicant's proposed signage, as approved for aesthetic review on October 8,2007,
deviates from the provisions of the SR 434 New Development Overlay Zoning District.
5) The proposed development agreement includes a number of issues that were discussed
and agreed upon during the March 12,2007 City Commission site plan approval. It also
incorporates the deviations from the sign requirements of Section 20-470 that were a part
of the October 8, 2007 Aesthetic Review hearing approval (2 building-mounted signage
of 12.4 SF, each, located 16' above the sidewalk and provision of a 29.13 SF non-
illuminated sign on a new brick wall section, parallel to the SR 434 ROW, located 13'
instead of 15' inside the property line).
6) Staff supports these deviations from the sign regulations, believing that they constitute an
improvement over strict compliance with the Code in this specific situation.
2
October 22, 2007
City Commission
Regular Agenda Item 604
Page 3 of3
RECOMMENDATION:
Staff recommends the Commission remove this item from the table and approve the proposed
Development Agreement with the above mentioned specifications, which are consistent with the
site plan approval and aesthetic review approval.
ATTACHMENTS:
A
B
C
Location Map
March 12, 2006 Minutes
Development Agreement (to be supplied by City Attorney)
COMMISSION ACTION:
3
ATTACHMENT A
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4
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ATTACHMENT B
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
CITY COMMISSION
REGULAR MEETING - MARCH 12,2007
PAGE 12 OF 28
Mr. Tom Brown, 7 I 7 Adidas Road, Winter Springs, Florida: suggested that Citrus Road
could be a potential deviation for traffic which would ease traffic on Dyson Drive; and
recommended contacting CVS/pharmacy Company about having a Theater for
Performing Arts in Winter Springs.
Mayor Bush asked, nWould the Commission want to ask the Manager to contact the
County to inquire about Citrus Road, to see if there are plans?" Deputy Mayor
McGinnis said, "There is a school on Citrus [Road) and that should be a factor. "
Commissioner Krebs commented, "I would like to know if they have any plans or if
they ever are going to consider something like that to alleviate the traffic problems. "
Mayor Bush then said, ((Everybody agree to ask the Manager?" Commissioner Krebs
stated, "I am." Deputy Mayor McGinnis said, "Fine." No objections were voiced.
Regarding a Performing Arts Theater, Mayor Bush continued, ('And the second
recommendation was to contact CVSlpharmacy Company and I guess - what Mr.
Brown is proposing is that they would donate the property to the City, we would name it
after them - and it come become some kind of a City facility - is that something that
that the Commission would also want to move forward on and make the contact with
CVSlpharmacy Company and ask them?" Deputy Mayor McGinnis said, "Go ahead."
No objections were noted.
PUBLIC HEARINGS AGENDA
PUBLIC HEARINGS
500.1 Community Development Department - Planning Division
Requests The City Commission Hold A Public Hearing For The Aesthetic Review
For The AmSouth Bank Located On The Northeast Comer Of SR (State Road) 434
And Parkstone Drive, Located On A Commercial Out-Parcel Of The Parkstone
Planned Unit Development (PUD), At The North East Corner Of SR (State Road)
434 And Parkstone Boulevard.
Mr. Stevenson introduced this Agenda Item.
Brief discussion.
Mayor Bush opened the "Public Input" portion of the Agenda Item.
Mr. Greg Nebloc/c, Interplan, LLC, 933 Lee Road, Orlando, Florida: as the Architect,
Mr. Neblock addressed the City Commission.
Mayor Bush closed the "Public Input" portion of the Agenda Item.
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
CITY COMMISSION
REGULAR MEETING - MARCH 12,2007
PAGE 13 OF 28
MOTION TO APPROVE. MOTION BY COMMISSIONER BROWN. MAYOR
BUSH ST A TED, "MOTION FOR APPROV AL. SECONDED BY
COMMISSIONER KREBS." DISCUSSION.
VOTE:
COMMISSIONER BROWN: AYE
COMMISSIONER MILLER: AYE
DEPUTY MAYOR McGINNIS: AYE
COMMISSIONER KREBS: AYE
COMMISSIONER GILMORE: AYE
MOTION CARRIED.
PUBLIC HEARINGS
500.2 Community Development Department
Requests The City Commission Consider The Final Engineering/Site Plan For The
AmSouth Bank, Located On A Commercial Out-Parcel Of The Parkstone Planned
Unit Development (PUD), At The North East Corner Of SR (State Road) 434 And
Parkstone Boulevard.
Mr, Baker spoke on this Agenda Item.
Mayor Bush opened the "Public Input" portion of the Agenda Item.
No one spoke.
Mayor Bush closed the "Public Input" portion of the Agenda Item.
Discussion.
Tape 2/Side B
Mr. Frank S. Ioppola, Jr., Esquire, 3403 Foxmeadow Court, Longwood, Florida: said,
"At the recommendation of Deputy Mayor McGinnis, we went back to the County Trail
Authority, we requested a higher level of safety; had to argue for it, believe it or not; and
achieved getting that which involves better signage. It involves a handrail so you'll have
not only a - visual queue, but a place to hold on to. And in addition, they've agreed
voluntarily to limit their hours so there will not be Saturday banking hours, to make sure
that while the entrance - the entrance is here - that the times the Bank would be under
most use, when kids would be around, it will not be operating. So, when kids are in
school, the Bank will be open, and when kids are home on Saturdays and Sundays, the
Bank would be closed; although the A TM will be open.
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
CITY COMMISSION
REGULAR MEETING - MARCH 12, 2007
PAGE 14 OF 28
We have a letter of support from the Homeowner's Association that 1 believe we
submitted. And I'm told by the guys that know far more about Land Use than I, that I'm
supposed to make the following submissions of documents into the Record. And 1
believe the Clerk has a copy of that. We have copies for the Commissioners, if you like."
Mr. loppola continued, "Under tab 4, you'll find photographs of the Tuscora Drive Trail
crossing. This is an area that Commissioner Krebs was nice enough to point out to us,
that is aesthetically very nice and probably far more traffic at a greater speed and yet is
safe and does quite well.
And lastly, tab six (6), there's a Seminole County Construction Permit. So, we are here
before you this evening to ask for Final Engineering Site Approval with the access to
[State Road] 434. We respectfully disagree with Staff." Mr. lopploa continued, "We
think we have provided and are prepared to provide a safe area, which is very important
to all here. An aesthetically pleasing area that will fit in, and ultimately a first class
corporate partner who will work with the City, now and in the future. And we'd be
prepared to put that in the Development Agreement with the City to make sure that those
restrictions stay and would not be able to be changed without coming back before this
Commission.
Preserving the Green Space that is adjacent to the property, and our property is very
important and we're prepared to put it in the Developer's Agreement. Again, the
preservation of that and making sure that it fits within - the aesthetics which are so
important to the City. And to work as best we can, on this issue."
Much discussion.
Commissioner Krebs said, "I did meet with you, Frank (Ioppola) and another Lawyer."
Continuing, Commissioner Krebs noted, "And as you know, at that time, 1 too, was not
happy with a cut. Yes, 1 did consider the cut that was not allowed for the Landings, but 1
believe that was totally a different reason. 1 also think that it's very, very important for
this City to welcome commercial business. And the fact that we can almost select right
now what commercial business goes there is also - something that we can enjoy. I did
read the letter from the HOA (Homeowner's Association) from - Parkstone and 1 see that
they welcome your Bank, as well as they approve your cut. 1 ask that you make it even a
little more safer."
Commissioner Brown noted, "I have had discussions with the Applicant and Mr.
loppola."
Mayor Bush asked, "Would you be willing to put pavers in between - [State Road] 434
and the Bank because pavers have a good - slowing people down - would that be
something that you would consider?"
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
CITY COMMISSION
REGULAR MEETING - MARCH 12,2007
PAGE IS OF 28
Mr. Greg Nebloele, Interplan, LLe, 933 Lee Road, Orlando, Florida: stated, "As we exit
the Bank, what is on our property, we are fine. The Trail has a requirement that it be
concrete. Now, whether we can do - concrete or something else, that would be fine.
We'd just have to go back to that. Either one of those is fine with us."
Discussion ensued on the entrance and possibly reducing the radius at the entrance.
A colleague of Mr. loppola stated, "I think the best we could do probably is twenty-five
foot (25') radius with DOT (Department of Transportation)."
Further discussion.
Commissioner Miller spoke for the Record on commerce in the City, the project and that
the curb cut should not be made.
Discussion.
"I WOULD LIKE TO MAKE A MOTION TO APPROVE, WITHOUT THE
REQUIREMENT TO REMOVE THE CURB CUT." MOTION BY
COMMISSIONER BROWN. SECONDED BY COMMISSIONER KREBS.
DISCUSSION.
"I WOULD LIKE TO MAKE AN AMENDMENT TO THAT TO INCLUDE THE
GREENSP ACE, AND THE DEVELOPER'S AGREEMENT, THE MEDIAN, AND
THE RAIL AS YOU HAVE INDICATED - AND THE EXTRA ENHANCEMENT
THAT YOU HAVE INDICATED." AMENDMENT TO THE MOTION BY
COMMISSIONER KREBS.
MAYOR BUSH STATED, "ALL OF THE ISSUES THAT MR. 10PPOLA READ
WHEN HE FIRST ADDRESSED THE COMMISSION?" COMMISSIONER
KREBS REPLIED. "YES."
MANAGER McLEMORE ASKED, "DOES THAT INCLUDE THE TWENTY-
FIVE PERCENT (25%) RADIUS..." COMMISSIONER KREBS REPLIED,
"...YES. AND I HAVE UP HERE, AND THE ENTRANCE RADIUS TO - AS
CLOSE AS YOU CAN, BUT I THINK YOUR ENGINEER - SAID SOMETHING
ABOUT POSSIBLY GETTING IT TO TWENTY (25) OR BEING ABLE TO DO
THAT." SECONDED BY COMMISSIONER BROWN. DISCUSSION.
ATTORNEY GARGANESE SAID, "THERE WERE A COUPLE OF OTHER
POINTS THAT WERE RAISED - REGARDING SATURDAY HOURS OF
OPERATION." COMMISSIONER KREBS SAID, "YES - NO SATURDAY
HOURS, I BELIEVE - THEY HAD SAID - TO BE INCLUDED IN THE
AMENDMENT."
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
CITY COMMISSION
REGULAR MEETING - MARCH 12,2007
PAGE 16 OF 28
CONTINUING, ATTORNEY GARGANESE REMARKED, "AND SOMEONE
ALSO MENTIONED P AVERS, I THINK AT THE SR (STATE ROAD) 434
ENTRANCE, ON THE BANK PROPERTY." COMMISSIONER KREBS SAID,
"YES. THAT IS RIGHT. TO BE INCLUDED INTO THE AMENDMENT, THE
PAVERS."
MAYOR BUSH ASKED, "WHAT ABOUT THE PARKING?" COMMISSIONER
KREBS SAID, "HE WOULD REDUCE IT, REDUCE THAT PARKING?"
MAYOR BUSH ASKED, "HOW MANY DID YOU SAY?" MR. 10PPOLA
REPLIED, "FOUR (4) OR FIVE (5)." COMMISSIONER KREBS SAID, "FIVE
(5)."
. MR. IOPPOLA STATED, "SO, WE'RE TALKING ABOUT THE REDUCED
PARKING, THE SATURDAY HOURS, FOR FINAL, ALL OF THE ABOVE.
THE PAVERS, WE'LL HAVE TO CHECK - AS LONG AS THEY'RE NOT ON
THE TRAIL, WE CAN DO THAT. ALL THAT'S FINE FOR THE
DEVELOPER'S AGREEMENT."
MAYOR BUSH ASKED, "SO THAT'S THE MOTION?" ATTORNEY
GARGANESE ASKED, "IS THIS GOING TO BE MEMORIALIZED IN THE
DEVELOPER'S AGREEMENT?" COMMISSIONER KREBS REPLIED, "YES,
IT SHOULD BE AND THIS ALL TO BE - MEMORIALIZED IN THE
DEVELOPMENT AGREEMENT. YES."
MAYOR BUSH SAID, "THAT WAS THE AMENDED MOTION WHICH WAS
SECONDED BY COMMISSIONER BROWN.
DEPUTY MAYOR McGINNIS ASKED, "IF FDOT (FLORIDA DEPARTMENT
OF TRANSPORTATION) DOES NOT APPROVE THEIR REQUEST, HOW
DOES THIS AFFECT IT?"
Tape 3/Side A
DEPUTY MAYOR McGINNIS ASKED, "AND WHAT IF THEY SAY NO?"
ATTORNEY GARGANESE EXPLAINED, "THE WAY THE MOTION IS, YOU
WOULD ACCEPT WHAT'S BEING PROPOSED, UNLESS DOT
(DEPARTMENT OF TRANSPORA TION) APPROVES SOMETHING
SMALLER."
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
CITY COMMISSION
REGULAR MEETING - MARCH 12,2007
PAGE 17 0F28
COMMISSIONER GILMORE ASKED, "WHERE ARE THESE PAVERS
GOING? SOMEBODY SHOW ME." MAYOR BUSH SAID, "IT WOULD BE ON
THEIR PROPERTY."
MR. IOPPOLA SAID, "I THINK WE'RE TALKING ABOUT FROM RIGHT
ABOUT WHERE OUR PROPERTY LINE IS HERE - THERE'S A FIVE FOOT
(S') AREA THAT BELONGS TO, I BELIEVE, THE COUNTY, AND THEN WE
COULD TAKE THEM IN PROBABLY INTO THIS WHOLE AREA HERE-
YOU CAN COME ACROSS HERE AND TAKE THAT WHOLE CORNER."
COMMISSIONER BROWN ASKED, "CAN WE INCLUDE A 'DO NOT BLOCK
THE TRAIL' SIGN, OR DO WE HAVE TO GO BACK TO ANOTHER
AMENDMENT TO THE MOTION?"
VOTE: (AMENDMENT TO THE MOTION)
COMMISSIONER BROWN: AYE
DEPUTY MAYOR McGINNIS: NAY
COMMISSIONER KREBS: AYE
COMMISSIONER MILLER: NAY
COMMISSIONER GILMORE: AYE
MOTION CARRIED.
VOTE: (ON THE MOTION AS AMENDED)
COMMISSIONER KREBS: AYE
DEPUTY MAYOR McGINNIS: NAY
COMMISSIONER BROWN: AYE
COMMISSIONER GILMORE: AYE
COMMISSIONER MILLER: NAY
MOTION CARRIED.
.:. .:. AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEM WAS
DISCUSSED NEXT, AND LATER IN THE MEETING, AS SHOWN ON PAGE 22
OF THESE MINUTES. .:. .:.
REGULAR
REGULAR
611. Office Of The City Manager
Requesting The City Commission To Consider The Merits Of A Proposed
Additional Benefit To The City's Pension Plan And To Take Action It Deems
Appropriate.
Manager McLemore presented this Agenda Item.
Date: October 22, 2007
The attached relates to the discussion of Regular
Agenda Item "604" at the October 22, 2007 City
Commission Regular Meeting.
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PREPARED BY AND RETURN TO:
Katherine W. Latorre, Esq.
Winter Springs Assistant City Attorney
BROWN, GARGANESE, WEISS & D' AGRESTA, P.A.
P.O. Box 2873
Orlando, Florida 32802-2873
DEVELOPER'S AGREEMENT FOR
REGIONS BANK
TIDS DEVELOPER'S AGREEMENT FOR REGIONS BANK (this "Agreement ")
is made and entered into as of the day of , 2007 by REGIONS BANK, an
Alabama banking corporation, as successor by merger with AmSouth Bank, whose mailing
address is Galleria Tower, Suite 1600, Birmingham, Alabama 35244 (hereinafter referred to as
the "Owner") and the CITY OF WINTER SPRINGS, a Florida municipal corporation,
whose mailing address is 1126 East State Road 434, Winter Springs, Florida 32708
(hereinafter referred to as the "City").
WIT N E SSE T H:
WHEREAS, the Owner is the fee simple owner of certain real property located within
the City in Seminole County, Florida, as more particularly described in Exhibit" A, " attached
hereto and incorporated herein by this reference (the "Property"); and
WHEREAS, Owner intends to develop the Property as a commercial bank branch
which is open to the public; and
WHEREAS, Owner desires to facilitate the orderly development of the Property as
depicted on the site plan as approved by the City Commission on March 12, 2007 and on file
with the City ("Site Plan"); and
WHEREAS, Owner seeks to deviate from certain signage requirements of the Winter
Springs Code of Ordinances ("City Code") with regard to the development of the Property;
and
WHEREAS, section 20-474 of the City Code authorizes the City Commission to enter
into development agreements to vary the general design standards of the State Road 434 New
Development Area; and
WHEREAS, the City has recommended and Owner has voluntarily agreed to enter into
this Agreement in order to memorialize the Commission's conditions of Site Plan approval for
the development of the Property; and
DEVELOPER'S AGREEMENT FOR REGIONS BANK
Regions Bank / City of Winter Springs
Page 1 of9
WHEREAS, City and Owner desire to set forth the following special terms and
conditions with respect to the development and operation of the Property.
.-
NOW, THEREFORE, in consideration of the mutual promises contained herein, and
other good and valuable consideration, the receipt and sufficiency of which the parties hereby
acknowledge, the parties hereby agree as follows:
Section 1. Recitals. The above recitals are true and correct and are incorporated
herein by this reference and are hereby deemed a material part of this Agreement.
Section 2. Authority. This Agreement is entered into pursuant to the Florida
Municipal Home Rule Powers Act, Florida Statutes ~ 166.011, et seq.
Section 3.
Oblieations and Commitments.
A. Signage. Pursuant to section 20-474, City Code, the City hereby agrees
to vary the signage regulations for the Property as follows, as depicted on the Regions
Parkstone Winter Springs signage package dated May 8, 2007 and approved by the City
Commission on October 8,2007, attached hereto as Exhibit "B" and fully incorporated
herein by this reference (the "Plans"):
i. Building-Mounted Signage. City hereby acknowledges and
agrees that Owner shall have the right to erect two (2) building-mounted signs as
depicted on the Plans (the "Building-Mounted Signs"). The Building-Mounted
Signs shall be 12.4 square feet each with one foot three inch (1 '3") lettering as
depicted in the Plans, and the top of said signs shall not be located higher than
sixteen feet (16') from ground level. Owner shall maintain the Building-
Mounted Signs in a good condition and state of repair at all times and in
compliance with all applicable codes.
ii. Symbol/Logo. City hereby acknowledges and agrees that Owner
shall have the right to install a triangular symbol in substantially the same form
as shown on the Plans (the "Svmbol ") which Symbol serves as an identifiable
trade symbol and logo of Owner. The Symbol shall be no larger than one foot,
three inches (1'3") in height. Owner shall maintain the Symbol in a good
condition and state of repair at all times and in compliance with all applicable
codes.
111. Wall Signage. City hereby acknowledges and agrees that Owner
shall have the right to erect one (1) non-illuminated wall sign approximately
thirteen feet (13') inside the southern boundary of the Property as depicted on
the Plans. The Wall sign shall be 29.13 square feet in size and shall be erected
upon a six foot (6') tall brick wall that Owner shall construct in place of a
DEVELOPER'S AGREEMENT FOR REGIONS BANK
Regions Bank / City of Winter Springs
Page 2 of9
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portion of the existing metal fence. The brick wall shall substantially conform
to the existing brick columns on the Property.
iv. Signage Affecting Landscaping. In the event any signage
approved in conjunction with the development of the Property affects existing
landscaping, tree replacement and/or mitigation shall be pursuant to the City's
Tree Protection and Preservation Ordinance in Chapter 5 of the City Code.
B. Green Space Preservation. As depicted on the Site Plan, the eastern and
northern most portions of the Property adjacent to the Parkstone residential
development shall be preserved as green and open space and serve as a buffer for said
residential development (the "Green Space"). Owner shall be permitted to plant
landscaping in the Green Space in accordance with the landscape plan approved by the
City Commission on March 12, 2007. Owner shall be entitled to locate underground
utilities, drainage, and other structures within the Green Space, provided that none of
the above results in the construction of any above-ground structures within the Green
Space. However, Owner reserves the right to locate a dumpster within the Green Space
in the area depicted on the Site Plan by Site Note 26 "Future Location for Dumpster
Enclosure" on page C1 of the Site Plan. Owner may enter upon the Green Space to
perform maintenance or any other task which Owner elects to perform consistent with
the terms of this Agreement and the City Code. Nothing in this Section shall be
interpreted to convey, dedicate, transfer, or otherwise dispose of the Property or any
portion thereof.
C. Cross-Seminole Trail Improvements. The Cross-Seminole Trail (the
"Trail") runs parallel to State Road 434 at the location of the Property. The Trail is
owned by the Florida Department of Environmental Protection's Office of Trails and
Greenways, who subleases the trail to Seminole County. Owner agrees, subject to the
prior written consent of the owner and sublessee of the Trail, to provide for a
landscaped median and handrails along the Trail on the east and west sides of the access
driveway from State Road 434 into the Property ("434 Driveway"). The landscaped
median shall be constructed substantially similar in length and width to the landscaped
median located at the intersection of the Trail and Parkstone Boulevard and shall be
subject to approval by the City. The handrails shall be located along the north side of
the Trail east of the 434 Driveway and along the south side of the Trail west of the 434
Driveway and shall be subject to approval by the City.
D. Driveway Pavers. Owner and City acknowledge and agree that they
prefer that the 434 Driveway be constructed with pavers. To that end, Owner agrees to
diligently pursue the installation of pavers from the southern-most boundary of the
Property to 55 feet within the Property line for the entire width of the 434 Driveway.
The pavers shall be approved by the City Manager prior to installation. If Owner is
unable to install pavers as set forth herein, Owner shall negotiate with the City Manager
to determine an alternative, decorative improvement to the 434 Driveway that is
DEVELOPER'S AGREEMENT FOR REGIONS BANK
Regions Bank / City of Winter Springs
Page 3 of9
mutually agreeable to all the aforementioned parties. Any improvements to the 434
Driveway pursuant to this section shall be agreed upon by the parties prior to the
commencement of construction or installation thereof.
E. Thirty Foot Turning Radius. Owner hereby agrees that, subject to the
prior written consent of the Florida Department of Transportation ("FDOT "), the 434
Driveway shall be constructed to have a thirty (30) foot turning radius from the end of
the right-of-way of State Road 434 to the southern Property line.
F. No Saturday Operations. Owner hereby covenants and agrees that the
commercial bank branch which it plans to construct and operate on the Property will be
closed to the public on Saturdays during the duration of the operation of such
commercial bank branch, or any subsequent bank branch operated on the Property.
G. Parking Spaces. In furtherance of preserving the Green'Space on the
Property pursuant to Section 3.B., Owner agrees to reduce the number of parking
spaces on the Property by five (5) parking spaces, resulting in a total of twenty-four
(24) regular parking spaces and one (1) handicap parking space on the Property.
Section 4. Develollment 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 Agreement to address any particular City, County,
State and/or Federal permit, condition, term or restriction shall not relieve Owner or the City
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 certificates of occupancy for
any building or unit if Owner is in breach of any term and condition of this Agreement.
Should any term or condition of this Agreement conflict with any provision of the City Code,
this Agreement shall prevail.
Section 5. Notice. Any notice delivered with respect to this Agreement shall be in
writing and be deemed to be delivered (whether or not actually received) (i) when hand
delivered to the other party at the address appearing on the first page of this Agreement, (ii)
when deposited in the United States Mail, postage prepaid, certified mail, return receipt
requested, addressed to the party at the address appearing on the first page of this Agreement,
or (iii) the next day after delivery to a nationally recognized overnight delivery service. Either
party may change the address for receiving notices or other communication by not less than
three (3) days prior notice in accordance with this Section.
Section 6. Successors and Assigns. This Agreement shall automatically be
binding upon and shall inure to the benefit of the City and Owner and their respective
successors and assigns. The terms and conditions of this Agreement similarly shall be binding
upon the Property and shall run with title to the same.
DEVELOPER'S AGREEMENT FOR REGIONS BANK
Regions Bank / City of Winter Springs
Page 4 of9
Section 7. 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 a suit in equity.
Section 8. Applicable Law. This Agreement and the provisions contained herein
shall be construed, controlled, and interpreted according to the laws of the State of Florida.
Section 9. Time of the Essence. Time is hereby declared of the essence to the
lawful performance of the duties and obligations contained in this Agreement.
Section 10. Entire Agreement; Amendment. This Agreement constitutes the entire
agreement between the parties, and supersedes all previous discussions, understandings, and
agreements with respect to the subject matter hereof. This Agreement shall not be modified or
amended except by written agreement duly executed by the parties hereto or their successors or
assigns and approved by the City Commission.
Section 11. Further Documentation. The parties agree that at any time following a
request therefor by the other party, each shall execute and deliver to the other party such
further documents and instruments, in form and substance reasonably necessary to confrrm and
effectuate the obligations of either party hereunder.
Section 12. Attorneys' 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 13. Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall be deemed to be an original but all of which together shall
constitute one and the same instrument.
Section 14. Captions. Captions of the Sections and Subsections of this Agreement
are for convenience and reference only, and the words contained therein shall in no way be
held to explain, modify, amplify or aid in the interpretation, construction, or meaning of the
provisions of this Agreement.
Section 15. Severability. If any sentence, phrase, section, paragraph, provision, or
portion of this Agreement is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, such portion shall be deemed a separate, distinct, and independent
provision and such holding shall not affect in any respect the validity or enforceability of the
remaining portion hereof.
Section 16. Recordation. This Agreement shall be recorded in the Public Records
of Seminole County, Florida, promptly after execution hereof.
DEVELOPER'S AGREEMENT FOR REGIONS BANK
Regions Bank / City of Winter Springs
Page 5 of9
Section 17. Relationship of Parties. The relationship of the parties to this
Agreement is contractual and Owner 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 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 18. Sovereie:n Immunity. 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 the state and federal
law. As such, the City shall not be liable under this Agreement for punitive damages or
interest for the period before judgment. Further, the City shall not be liable for any claim or
judgment, or portion thereof, to anyone person for more than one hundred thousand dollars
($100,000.00), or any claim or judgment, or portion thereof, which, when totaled with all
other claims or judgments paid by the State or its agencies and subdivisions arising out of the
same incident or occurrence, exceeds the sum of two hundred thousand dollars ($200,000.00).
This paragraph shall survive termination of this Agreement.
Section 19. City's Police Power. Owner hereby 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 20. Inter{)retations. 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 of this Agreement in the event of a dispute between
the parties.
Section 21. Third Party Rie:hts. 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 22. Effective Date. The Effective Date of this Agreement shall be the day
and year first above written.
Section 23. Default; Opportunity to Cure. Should either party desire to declare the
other party in default of any term and condition of this Agreement, the non-defaulting party
shall provide the defaulting party a written notice of default. The written notice shall, at a
minimum, state with particularity the nature of the default, the manner in which the default can
be cured, and a reasonable time period of not less than thirty (30) days in which the default
must be cured. No action may be taken in a court of law on the basis that a breach of this
Agreement has occurred until such time as the requirements of this paragraph have been
satisfied.
Section 24. Termination. The City shall have the unconditional right, but not
obligation, to terminate this Agreement, without notice or penalty, if Owner fails to receive
building permits and substantially commence construction of the commercial bank building
DEVELOPER'S AGREEMENT FOR REGIONS BANK
Regions Bank / City of Winter Springs
Page 6 of9
"",,;;~'\W_:'CJ;:(": c',, C~".:"'.:_..-.~~.--;."~:..
";",""'l'1"""","'\lC-."._"~W~;'
within three (3) years of the effective date of this Agreement. If the City terminates this
Agreement, the City shall record a notice of termination in the public records of Seminole
County, Florida.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be
executed by their duly authorized officers as of the day and year first above written.
CITY:
CITY OF WINTER SPRINGS
By:
John F. Bush, Mayor
ATTEST:
By:
Andrea Lorenzo Luaces, City Clerk
APPROVED AS TO FORM AND
LEGALITY
For the use and reliance of the City of
Winter Springs, Florida, only.
Dated:
By:
Anthony Garganese, City Attorney for the
City of Winter Springs, Florida
DEVELOPER'S AGREEMENT FOR REGIONS BANK
Regions Bank / City of Winter Springs
Page 7 of9
-'
OWNER:
WITNESSES:
REGIONS BANK, an Alabama banking
corporation, as successor by merger with
AmSouth Bank
Name:
By:
Name:
Title:
Name:
STATE OF FLORIDA
COUNTY OF
)
)
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the
State and County aforesaid to take acknowledgments, personally appeared
, of REGIONS BANK, an Alabama
banking corporation, as successor by merger with AmSouth Bank, who is [_l personally
known to me or [_l has produced as identification.
Notary Public - State of Florida
Printed Name
My Commission Expires:
DEVELOPER'S AGREEMENT FOR REGIONS BANK
Regions Bank / City of Winter Springs
Page 8 of9
~~'W'.-"''i'''''~'~".';~;.",,,,,,,,...fl'"'' ,~.'1"" "lr'..?;"..l!IIl'J~~ ~.,"".' .....;. '~"""--:'~r. _........." ....~ .._c"t~.~~.~~~"P'!'
Exhibit "A"
The Property
TRACTD, PARKS TONE UNIT 1, A REPLAT OF A PORTION OF BLOCKS C AND D, D.E. MITCHELL'S
SURVEY OF THE LEVY GRANT ON LAKE JESSUP, PLAT BOOK 1, PAGE 5 AND CHASE AND
COMPANY'S SUBDIVISION OF WAGNER, PLAT BOOK 6, PAGE 64, LOCATED IN SECTIONS 35 AND 36,
TOWNSHIP 20 SOUTH, RANGE 30 EAST, ACCORDING TO PLAT RECORDED IN PLAT BOOK 56, PAGE
17, OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA.
DEVELOPER'S AGREEMENT FOR REGIONS BANK
Regions Bank / City of Winter Springs
Page 9 of9
PER THE COMMUNITY
DEVELOPMENT
DEPARTMENT,
THERE IS NO ORIGINAL ON FILE
FOR THIS AGREEMENT.
PREPARED BY AND RETURN TO:
Katherine W. Latorre, Esq.
Winter Springs Assistant City Attorney
~~ BROWN, GARGANESE, WELSS & D'AGRESTA, P.A.
P.O. Box 2873
Orlando, Florida 32802-2873
Niu~~i»~a~~an~~~~~~~i~~~i~~~n~~~~a~ut~
Y~VIIE t~iSE, CLERK ~ CIRCUIT CDIJRT
SEtiIP~E CITY
~t 06859 Rgs 083E - 8~t tE3p~s)
CLERFi' S ~# ;~raU7155+"ac~0
l~QRDED 11/0517 lO:Ofi:25 AN
RECtTRDING FEES 197.00
DED BY T S~ith
DEVELOPER'S AGREEMENT FOR
REGIONS BANK
THIS DEVELOPER'S AGREEMENT FOR REGIONS BANK (this "A~reement") is
made and entered into as of thea~~day of C3C-~a b~ 2. , 2007 by REGIONS BANK, an
Alabama banking corporation, as successor by merger with AmSouth Bank, whose mailing
address is Galleria Tower, Suite 1600, Birmingham, Alabama 35244 (hereinafter referred to as
the "Owner") and the CITY OF WINTER SPRINGS, a Florida municipal corporation, whose
mailing address is 1126 East State Road 434, Winter Springs, Florida 32708 (hereinafter referred
to as the "C~').
WITNESSETH:
WHEREAS, the Owner is the fee simple owner of certain real property located within
the City in Seminole County, Florida, as more particularly described in Exhibit "A," attached
hereto and incorporated herein by this reference (the "Property"); and
WHEREAS, Owner intends to develop the Property as a commercial bank branch which
is open to the public; and
WHEREAS, Owner desires to facilitate the orderly development of the Property as
depicted on the site plan as approved by the City Commission on Mazch 12, 2007 and on file
with the City ("Site Plan"); and
WHEREAS, Owner seeks to deviate from certain signage requirements of the Winter
Springs Code of Ordinances ("City Code") with regard to the development of the Property; and
WHEREAS, section 20-474 of the City Code authorizes the City Commission to enter
into development agreements to vary the general design standazds of the State Road 434 New
Development Area; and
WHEREAS, the City has recommended and Owner has voluntarily agreed to enter into
this Agreement in order to memorialize the Commission's conditions of Site Plan approval for
the development of the Property; and
DEVELOPER'S AGREEMENT FOR REGIONS BANK
Regions Bahl: /City of Winter Springs
I'a~e ] of 9
WHEREAS, City and Owner desire to set forth the following special terms and
conditions with respect to the development and operation of the Property.
NOW, THEREFORE, in consideration of the mutual promises contained herein, and
other good and valuable consideration, the receipt and sufficiency of which the parties hereby
acknowledge, the parties hereby agree as follows:
Section 1. Recitals. The above recitals aze true and correct and aze incorporated
herein by this reference and are hereby deemed a material part of this Agreement.
Section 2. Authori This Agreement is entered into pursuant to the Florida
Municipal Home Rule Powers Act, Florida Statutes § 166.011, et seq.
Section 3. Oblisations and Commitments.
A. Signage. Pursuant to section 20-474, City Code, the City hereby agrees to
vary the signage regulations for the Property as follows, as depicted on the Regions
Parkstone Winter Springs signage package dated May 8, 2007 and approved by the City
Commission on October 8, 2007, attached hereto as Exhibit "B" and fully incorporated
herein by this reference (the "Plans"):
i. Building-Mounted Signage. City hereby acknowledges and agrees
that Owner shall have the right to erect two (2) building-mounted signs as
depicted on the Plans (the "Building-Mounted Signs"). The Building-Mounted
Signs shall be 12.4 square feet each with one foot three inch (1'3") lettering as
depicted in the Plans, and the top of said signs shall not be located higher than
sixteen feet (16') from ground level. Owner shall maintain the Building-Mounted
Signs in a good condition and state of repair at all times and in compliance with
all applicable codes.
ii. Svmbol/Lo~o. City hereby acknowledges and agrees that Owner
shall have the right to install a triangular symbol in substantially the same form as
shown on the Plans (the "Symbol") which Symbol serves as an identifiable trade
symbol and logo of Owner. The Symbol shall be no lazger than one foot, three
inches (1'3") in height. Owner shall maintain the Symbol in a good condition and
state of repair at all times and in compliance with all applicable codes.
iii. Wall Signa~e. City hereby acknowledges and agrees that Owner
shall have the right to erect one (1) non-illuminated wall sign approximately
thirteen feet (13') inside the southern boundary of the Property as depicted on the
Plans. The Wall sign shall be 29.13 square feet in size and shall be erected upon a
six foot (6') tall brick wall that Owner shall construct in place of a portion of the
existing metal fence. The brick wall shall substantially conform to the existing
brick columns on the Property. Owner shall be permitted to install standazd low-
level landscaped up-lighting of the wall sign.
DEVELOPER'S AGREEMENT FOR REGIONS BANK
Reeions Baiilc /City of winter Springs
Pale 2 of 9 V
iv. Si~nage Affecting Landscaping_ In the event any signage approved
in conjunction with the development of the Property affects existing landscaping,
tree replacement and/or mitigation shall be pursuant to the City's Tree Protection
and Preservation Ordinance in Chapter 5 of the City Code.
B. Green Space Preservation. As depicted on the Site Plan, the eastern and
northern most portions of the Property adjacent to the Pazkstone residential development
shall be preserved as green and open space and serve as a buffer for said residential
development (the "Green Space"). Owner shall be permitted to plant landscaping in the
Green Space in accordance with the landscape plan approved by the City Commission on
Mazch 12, 2007. Owner shall be entitled to locate underground utilities, drainage, and
other structures within the Green Space, provided that none of the above results in the
construction of any above-ground structures within the Green Space. However, Owner
reserves the right to locate a dumpster within the Green Space in the azea depicted on the
Site Plan by Site Note 26 "Future Location for Dumpster Enclosure" on page C1 of the
Site Plan. Owner may enter upon the Green Space to perform maintenance or any other
task which Owner elects to perform consistent with the terms of this Agreement and the
City Code. Nothing in this Section shall be interpreted to convey, dedicate, transfer, or
otherwise dispose of the Property or any portion thereof.
C. Cross-Seminole Trail Improvements. The Cross-Seminole Trail (the
"Trail") runs pazallel to State Road 434 at the location of the Property. The Trail is
owned by the Florida Department of Environmental Protection's Office of Trails and
Greenways, who subleases the trail to Seminole County. Owner agrees, subject to the
prior written consent of the owner and sublessee of the Trail, to provide for a landscaped
median and handrails along the Trail on the east and west sides of the access driveway
from State Road 434 into the Property ("434 Driveway"). The landscaped median shall
be constructed substantially similar in length and width to the landscaped median located
at the intersection of the Trail and Pazkstone Boulevard and shall be subject to approval
by the City. The handrails shall be located along the north side of the Trail east of the
434 Driveway and along the south side of the Trail west of the 434 Driveway and shall be
subject to approval by the City.
D. Drivewa, Py avers. Owner and City acknowledge and agree that they prefer
that the 434 Driveway be constructed with pavers. To that end, Owner agrees to
diligently pursue the installation of pavers from the southern-most boundary of the
Property to 55 feet within the Property line for the entire width of the 434 Driveway. The
pavers shall be approved by the City Manager prior to installation. If Owner is unable to
install pavers as set forth herein, Owner shall negotiate with the City Manager to
determine an alternative, decorative improvement to the 434 Driveway that is mutually
agreeable to all the aforementioned parties. Any improvements to the 434 Driveway
pursuant to this section shall be agreed upon by the parties prior to the commencement of
construction or installation thereof.
DEVELOPER'S .AGREEMENT FOR REGIONS BANK
Regions Bank /City of Winter Springs
y Pave 3 of 9
E. Thirty Foot Turning Radius. Owner hereby agrees that, subject to the prior
written consent of the Florida Department of Transportation ("FDOT"), the 434 Driveway
shall be constructed to have a thirty (30) foot turning radius from the end of the right-of-
way of State Road 434 to the southern Property line.
F. No Saturday Operations. Owner hereby covenants and agrees that the
commercial bank branch which it plans to construct and operate on the Property will be
closed to the public on Saturdays during the duration of the operation of such commercial
bank branch, or any subsequent bank branch operated on the Property.
G. Pazking Spaces. In furtherance of preserving the Green Space on the
Property pursuant to Section 3.B., Owner agrees to reduce the number of parking spaces
on the Property by five (5) parking spaces, resulting in a total of twenty-four (24) regular
parking spaces and one (1) handicap parking space on the Property.
Section 4. 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 Agreement to address any pazticulaz City, County, State
and/or Federal permit, condition, term or restriction shall not relieve Owner or the City 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 certificates of occupancy for any building or
unit if Owner is in breach of any term and condition of this Agreement. Should any term or
condition of this Agreement conflict with any provision of the City Code, this Agreement shall
prevail.
Section 5. Notice. Any notice delivered with respect to this Agreement shall be in
writing and be deemed to be delivered (whether or not actually received) (i) when hand delivered
to the other party at the address appearing on the first page of this Agreement, (ii) when
deposited in the United States Mail, postage prepaid, certified mail, return receipt requested,
addressed to the party at the address appearing on the first page of this Agreement, or (iii) the
next day after delivery to a nationally recognized overnight delivery service. Either party may
change the address for receiving notices or other communication by not less than three (3) days
prior notice in accordance with this Section.
Section 6. Successors and Assigns. This Agreement shall automatically be binding
upon and shall inure to the benefit of the City and Owner and their respective successors and
assigns. The terms and conditions of this Agreement similarly shall be binding upon the Property
and shall run with title to the same.
Section 7. 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 a suit in equity.
DEVELOPER'S AGREEMENT FOR REGIONS BANK
Regions Bank /City of V~~inter Springs
Page 4 of 9
Section 8. Applicable Law. This Agreement and the provisions contained herein
shall be construed, controlled, and interpreted according to the laws of the State of Florida.
Section 9. Time of the Essence. Time is hereby declared of the essence to the lawful
performance of the duties and obligations contained in this Agreement.
Section 10. Entire Agreement; Amendment. This Agreement constitutes the entire
agreement between the parties, and supersedes all previous discussions, understandings, and
agreements with respect to the subject matter hereof. This Agreement shall not be modified or
amended except by written agreement duly executed by the parties hereto or their successors or
assigns and approved by the City Commission.
Section 11. Further Documentation. The parties agree that at any time following a
request therefor by the other party, each shall execute and deliver to the other parry such further
documents and instruments, in form and substance reasonably necessary to confirm and
effectuate the obligations of either party hereunder.
Section 12. Attorneys' 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 13. Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall be deemed to be an original but all of which together shall
constitute one and the same instrument.
Section 14. Captions. Captions of the Sections and Subsections of this Agreement
are for convenience and reference only, and the words contained therein shall in no way be held
to explain, modify, amplify or aid in the interpretation, construction, or meaning of the
provisions of this Agreement.
Section 15. Severability. If any sentence, phrase, section, paragraph, provision, or
portion of this Agreement is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, such portion shall be deemed a separate, distinct, and independent
provision and such holding shall not affect in any respect the validity or enforceability of the
remaining portion hereof.
Section 16. Recordation. This Agreement shall be recorded in the Public Records of
Seminole County, Florida, promptly after execution hereof.
Section 17. Relationship of Parties. The relationship of the parties to this
Agreement is contractual and Owner 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 parties and neither party is authorized to, nor shall either party act towazd third persons or the
public in any manner, which would indicate any such relationship with the other.
DEVELOPER'S AGREEMENT FOR REGIONS BANK
Regions Bank / Ciry of Winter Springs
Page 5 of 9
Section 18. Sovereign Immunity. 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 the state and federal law.
As such, the City shall not be liable under this Agreement for punitive damages or interest for the
period before judgment. Further, the City shall not be liable for any claim or judgment, or
portion thereof, to any one person for more than one hundred thousand dollazs ($100,000.00), or
any claim or judgment, or portion thereof, which, when totaled with all other claims or
judgments paid by the State or its agencies and subdivisions arising out of the same incident or
occurrence, exceeds the sum of two hundred thousand dollars ($200,000.00). This pazagraph
shall survive termination of this Agreement.
Section 19. City's Police Power. Owner hereby 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 bazgaining away or surrendering its police powers.
Section 20. Interpretations. The parties hereby agree and aclaiowledge that they
have both participated equally in the drafting of this Agreement and no party shall be favored or
disfavored regarding the interpretation of this Agreement in the event of a dispute between the
parties.
Section 21. Third Party Rights. This Agreement is not athird-parry beneficiary
contract and shall not in any way whatsoever create any rights on behalf of any third parry.
Section 22. Effective Date. The Effective Date of this Agreement shall be the day and
year first above written.
Section 23. Default; Opportunity to Cure. Should either party desire to declaze the
other party in default of any term and condition of this Agreement, the non-defaulting party shall
provide the defaulting party a written notice of default. The written notice shall, at a minimum,
state with particularity the nature of the default, the manner in which the default can be cured,
and a reasonable time period of not less than thirty (30) days in which the default must be cured.
No action may be taken in a court of law on the basis that a breach of this Agreement has
occurred until such time as the requirements of this paragraph have been satisfied.
Section 24. Termination. The City shall have the unconditional right, but not
obligation, to terminate this Agreement, without notice or penalty, if Owner fails to receive
building permits and substantially commence construction of the commercial bank building
within three (3) years of the effective date of this Agreement. If the City terminates this
Agreement, the City shall record a notice of termination in the public records of Seminole
County, Florida.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be
executed by their duly authorized officers as of the day and year first above written.
DEVELOPER'S AGREEMENT FOR REGIONS BA1vTK
Regions Bank /City of winter Springs
Page 6 of 9
CITY WINTER SPRINGS .•~,`""~"'
o,.. ~ ~,
.•
John F. Bush, ayor ' ~~ a ~j McGini4~.s
I~ep~ty Mayor
;,~ ~ ~ is
ATTEST: ~=t.i = '~~'f ~~ • ~~
,__~ ;~~
••,, •,.
~, ,..~
1 v ~ ,~. r _
An orenzo Luaces, City Clerk
.-
APPROVED AS TO FORM AND
LEGALITY
For the use and reliance of the City of
Winter Springs, Florida, only.
Dated: ~v a~~?
By: ,
Anthony Garganese, City Attorney for the
City of Winter Springs, Florida
DEVELOPER'S AGREEMENT FOR REGIONS BANK
Reions Bank ; Cite of V1'inter Springs
]'a~~e 7 of 9
OWNER:
WITNESSES:
Name: ,,a-. o o w , -r~
: !?~ ~u 1I7~~ I l
REGIONS SANK, an Alabama banking
corporation, as successor by merger with
AmSouth Bank
By:
Name: ~ c '
Title: ~"~s~
STATE OF A )
COUNTY O ~ ~ L-_ )
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the
State an County aforesa' take acknowledgments, personally appeared
YYl S Y~ i d ~ +~-~- of REGIONS BANK, Alabama
bankin corporation, as successor by merger with AmSouth Bank, who is [personally
kn ' o me or ~~ has produced _ as identification.
Ln7a5hia Monique Clay otary Public -State of~lorfda l;,a.I~~1
~"~ '~ E~ndNo.b$946943P!
yg Plotary Public for the State of Alabama
Rr p" Commission Expires: February 18, 2003 Printed Name
My Commission Expires:
DEVELOPER'S AGREEMENT FOR REGIONS BANK
Regions Bank /City of Winter Springs
Page 8 of 9
Exhibit "A"
The Property
TRACT D, PARKSTONE UNIT 1, A REPEAT OF A PORTION OF BLOCKS C AND D, D.E. MITCHELL'S
SURVEY OF THE LEVY GRANT ON LAKE JESSUP, PLAT BOOK 1, PAGE 5 AND CHASE AND
COMPANY'S SUBDMSION OF VJAGNER, PLAT BOOK 6, PAGE 64, LOCATED IN SECTIONS 35 AND 36,
TOWNSHIP 20 SOUTH, RANGE 30 EAST, ACCORDING TO PLAT RECORDED IN PLA'~ BOOK 56, PAGE
17, OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA.
.: .
DEVELOPER'S AGREEA~fENT FORREGIONS BANE:
Regions hanl: /City of 1~1~'inter Springs
Pa~~z 9 of 9
~~r,
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PARKSTONE WINTER
SPRINGS
WINTER SPRINGS,FL.
EXHIBIT
'`s
~.~ `9 ,~
PARKSTONE WINTER SPRINGS
T2.FL.C.DLA0.2
Winter Springs, Florida
May 8, 2007
Please review the attached signage package and site plan. After review, please sign the Site
Plan Authorization sheet and retuni.
The signage recommendations for the above referenced location are as follows:
I2.~
Building Signs: Two (1)~quare Foot White Faced, Illuminated Channel Letters sets .~q.J•~
g .One Custom White Faced, Non -Illuminated Channel Letter set for ~ ~
perimeter brick wall 6 N U .M
~,c. p l~ cES M
Recessed ATM Canopy Sign: (ATMR6-CAB) Standard 1'-1" x 6'-1" Illuminated ATM
sign installed above the drive thru.
Directional Signs:
Three (3) -Four square foot Directional Signs -Variable Copy (D4)
One (1) -Standard Thumbprint Sign (INFO-24P) -Post Mount
One (1) - "Do Not Enter" Regulatory Sign (DNE} -Wall Mount.
Commercial Lane: One Standard "Commercial Lane" Sign (REG-COMLN2-DNVO)
Clearance Sign: Four (4) Standard "Clearance" Signs (REG-CLEAR2-DNVO)
Address Numbers: Standard 6" Vinyl "Address" Numbers (REG-ADDRESS)
Coming Soon Sign: One V-Shaped "Regions Coming Soon Sign" 64 square feet. Sign to
be installed at start of construction pending city requirements.
Now Open Banner: One 4' x 8' Double-Sided "Regions Bank Now Open" Banner.
Banner will be sent to the Facility Manager to install just prior to grand opening.
Due to possible municipality sign code changes and/or developer restrictions this
recommendation could change at any time prior to securing sign installation permits.
Signage identification questions may be directed to Scott Archer, AmSouth Bank, 3000
Galleria Tower, Suite 1600, Birmingham, AL. 3536
PHASE III SIGN EVALUATION
SITE PLAN
REGIONS BANK
T2.FL..C.DLA0.2
S.R.434 & PARKSTONE BLVD
WINTER SPRINGS, FL
315.33'
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®ROAD NO. 434
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PROPOSED SITE SIGN LAYOUT
SIGN KEY SIGN DESCRIPTION
1 -REG-ILISWL-RM ONE 15 "WHITE REMOTE T NSFORMER CHA L
2 -. REG-ILISWL-RM ONE 15° WHITE REMOTE TRA FORMER CHANNEL
3 -REG-N136WL-F ONE 36"NON-ILLUMINATED WH REMOTE CHANN
4 - REG-D4 DIRECTIONAL SIGNS -VARIABLE PY (4 square fee
5 - REG-D4 DIRECTIONAL SIGNS- VARIABLE CO 4 square feet
6 - REG-D4 DIRECTIONAL SIGNS- VARIABLE COPY quare feet
REG-INF-24-P ONE (1) POST MOUNTED THUMBPRINT
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