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Home My WebLink AboutBRI 1813 Villagio Sixth Modification to Binding Development Agreement -2008 01 21 " --.. . , 111111 lIllIlIl'llllllllllllllllllll '1111 II! llll' '11111111' THIS INSTRUMENT WAS PREPARED BY AND SHOULD BE RETURNED TO: MHRHlNNE MURSt., C1.EkK Of (;lftt:Un LJUkl Sl::,UNOLE C0\JI41 V 8K Q6916 Pg$ 1332 - 13371 (Gpg$1 CLERK'S ti 2008009860 RECOkDED 01/aS/2i.)()8 11 :21:41 AM R!:C(lflD1NG Fl:t::S ~. SO ~C(IRDtD BY T Stith ~ 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 FOR RECORDING DEPARTMENT USE ONLY SIXTH MODIFICATION TO BINDING DEVELOPMENT AGREEMENT THIS SIXTH MODIFICATION TO BINDING DEVELOPMENT AGREEMENT ("Sixth Modification"), made and executed this 1'If'h. day of ,-r-4,.;v\IA~~ ' 2008, by and between the CITY OF WINTER SPRINGS, a Florida municipal orporatlOn ("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 of5 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. 2.1.1 Building mounted tenant identification signs for Shopping Center suites numbered 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 (IT) 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 fa9ade. 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 fa9ade. 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 full 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 of5 " Signed, sealed and delivered in the Presence of the following witnesses: C~1-P~ . r) (\ ~ M~ -i\-(i 6).-S""' Printed Name of Witness Print Name: By: \--. :,)U~ACt1 PA cl>l Printed Name of Witness BRI 1813 Villagio, LLC, a Florida limited liability company STATE OF FLORIDA COUNTY OF .~C\.\)~Q.d The foregoing instrument was acknowledged before me this -z. , day of ~~~~~Q..i , 2008, by ~'$S ~04~ ~, as 1V\~J..3l:>,.~'Nc;, l'I\!::(\'v~!t. of BRI 1813 Villagio, LLe, a Florida Ii ited liability c mpany, who is personally known to me as identification. ~.... _. "u' . MAKIU E. RI8AK H*Y PuIIIIC."," FIaIldI .cw.d.............1I091 t JIfIF.DD- ...... .,........NDIIIY... i'i\~Q~ cT::.. "Q.:.tb~~ (Name typed, printed or stamped) Notary Public, State of ~cQ:\I~. A" Commission No.: b't:, L\4(o~ My Commission Expires: ~ 2.G . '-cc'-) (NOTARY SEAL) Sixth Modification to Binding Development Agreement BRI 1813 Villagio, LLC - City of Winter Springs, Florida Page 4 of5 " , By: ,.....,"\\\\',,\\ ''90i' . ')' . CITY OF WINTER SPRINGS"'~~<~~:t, a FIo . unicipaI cOYJ;:;Zrp rati6n~ \'\~> ". ~ ' " d' 0 ',., . 1.-. 7. .?". ',,~ ..;....1.;.:, '-~ : <:.~ <\.,\ .: ...:",?,,~ ",~ '.. .'.' -,},,' ,../ . ATTEST: AN A LORENZO-LUACES City Clerk (City Seal) "'(1"( ;. >,.... Sixth Modification to Binding Development Agreement BRI 1813 Villagio, LLC - City of Winter Springs, Florida Page 5 of 5 .. EXHIBIT 'A' / I I I , I I , I I 1 , , 1 I , , , , , I ,_----------------------------------------------------------------:;7---~,~---------------------------------------------------------~----------------------, I ' ' I \ ' I \ \ I 1 I I '2201 : I I I I I I , 1 I ' I ' I I I I '" 1121' 1125 1129 1133 1135 1137 1141 1145 1149 1161' I ['See Devlp Agmt _______________ ("See Devlp Agmt ._______________"""_~_________ ____________ ..____________________________ ['Soe Devlp A9m1 --------------------/ Apprd 2007-05-29J Apprd 2007-10-00) Apprd 2006-09-25] FRONT ELEVATION LEFT ELEVATION RECEIVED FEB 0 5 2008 BROWN, GARGANESE, WEISS & D'AGREST1~,11~'a~~ NTER SPRINGS OFFICE OF THE CITY CLERK A~o~ ys dt ~~ Debra S. Babb-Nutcher" Offices in Orlando, Kissimmee, Cocoa, Tara L. Barrett Joseph E. Blitch Ft. Lauderdale & Tampa Vivian P. Cocotas Usher L. Brown' Scott J. Dornstein Suzanne D'Agresta" Robin Gibson Drage Anthony A. Garganese'' Mitchell B. Haller J.W. Taylor Katherine W. Latorre Jeffrey S. Weiss Terri E. Oster Amy J. Pitsch Board Certified Civil Trial Lawyer "Board Certified City, County & Local Government Law Board Certified Appellate Practice February 4, 2008 Andrea Lorenzo-Luaces, City Clerk City of Winter Springs 1126 East State Road 434 Winter Springs, Florida 32708 Re: City of Winter Springs / BRI 1813 Villagio Dear Andrea: Erin J. O'Leary' Catherine D. Reischmann" William E. Reischmann, Jr. Of Counsel Please find enclosed for safekeeping, the original recorded and fully executed Sixth Modification to Binding Development Agreement. Should you have any questions, please do not hesitate to me. Very truly yours, -2~Lt~:. ennette Farris Assistant to Anthony A. Garganese /jf Enclosure 225 East Robinson Street, Suite 660 • P.O. Box 2873 • Orlando, Florida 32802-2873 Orlando (407) 425-9566 Fax (407) 425-9596 • Kissimmee (321) 402-0144 • Cocoa (866) 425-9566 • Ft. Lauderdale (954) 670-1979 Website: www.orlandolaw.net • Email: firm@orlandolaw.net