HomeMy WebLinkAboutMiller, Wayne and Cynthia - Millers' School Supplies Signage Development Agreement -2005 07 15~}ain}Na~a~a~a~r~NMIN~NINM~iIMI
.~
..
THIS INSTRUMENT WAS PREPARED BY
AND SHOULD BE RETURNED TO:
iQ aAnthony A. Garganese
~C..~ City Attorney of Winter Springs
Brown, Garganese, Weiss & D'Agresta, P.A.
225 E. Robinson St., Suite A660
Orlando, FL 32801
P9RhtYtll~NVt: hHlit:~:, t.~NkK LI= Glkt'UIT 1~IlgtT
St~:MZlVt~_t_ tYl1..lNTY
BK ~r563E' }=~GS 1 146- i 154
C L E }~K' S # ~ ~'>~r51 ~c 7'981
Rt:t_~lttl>Hi! pi/~1:tM-~ 11:10:18 A!1
tdtawYlllllTNt3 (~t"a~`.i ~i~.tiQ
}d~t~!}tlk~:ll 11Y t_ Wtac~clley
(407)425-9566
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 limited liability
company, whose address is 151 Baywood Avenue, Suite 101, Longwood, Florida 32750,
(collectively the "Developer"), on this ,day 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 20-486 - 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-
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. Representations of Developer and City. 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. Subject Property. 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 VarX the Standards of Section 20-486. 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. Devel~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 Assignment. This Agreement is not transferable or assignable
without the prior written consent of the City Commission.
8. Annlicable Law; 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 A,Ereement. 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. Severability. If any provision of this Agreement shall be held to be invalid or
unenforceable to any extent by a court of competent jurisdiction, the 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. Sovere~n 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. City'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
16. Third-Party Rights. This Agreement is not athird-party beneficiary contract
and shall not in any way whatsoever create any rights on behalf of any third party.
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:
Andrea Lorenzo Luaces, City Cl rk
t r . , ~'e
9~~ ,
3 ~, ~ _'.~, ~ .,
~,
' . ~ °"Y r
~. ti~ ~ ,
.L' (,
~l '~,.
CITY, SEAL,, .
...,.•
By:
John Bush, Mayor
APPROVED AS TO FORM AND
LEGALITY
For the use and reliance of the City of
Winter Springs, Florida only.
7 / a/o j
Date:
By:
Anthony Garganese, i orney 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:
l.~l ~~ ~~P .Q JI.QiLe
Signature of Witness
Printed Name of Witness
~:.
Signature f Witne s
Printed N e of Witness
Signed, sealed and delivered in the
presence of the following witnesses:
Signature of Witness
Printed Name of Witness
Signature of fitness
'~b ~
Printed Name f Witness
DEVELOPER
WAYNE AND CYNTHIA MILLER,
property owners,
By:
w ayne er ~.
Date: '~- / 5 -8 ~
By. _ r
C ' a Miller
Date:
MILLERS' SCHOOL SUPPLIES, a Florida
limited liability company,
By:
C is Miller
Its: ~,lL-~P.^
Date: ~ --"
City of Winter Springs/Miller School Supplies
Page 5 of 6
STATE OF FLORIDA
COUNTY OF SEMINOLE
he foregoing instrument was acknowledged before me this ~ ~ ) h day of
u ~ , 200 5 , by WAYNE MILLER, who is personally known to me or
has prod d F r1 dtv/'s L- C. as identification an di take an oath.
~, a , ~. '
(Notary Seal) Notary -~- ~^ ~,
~.-~r °~~ Notary Public State of Florida print Name: ~ u-~~- ~ J ~ ~ Cr 1 ~ r~-~0
^ Tara J Richardson
o My Commission DD429447
'f'or v~°Q Expires 05115/2009
STATE OF FLORIDA
COUNTY OF SEMINOLE
The foregoing instrument was acknowledged before me this ~ 5 day of
~,1.~ L , 200 5 , b CYNTHIA MILLER, who is personally known to me or
has produ d ~i d l /Px~~ ~c (': as identification d di take an oath.
~h Q
(Notary Seal Notary
~,v¢'' °~s4^ Notary Public State of Florida ~~~~ j ~ n ~A ~ „/ t U,,J
, Tara J Richardson 'nt Name: ' (~ ~f 1 l.~ tLl G~-~
'~~ s` My Commission DD429447
for n°" Expires 05!1512009
STATE OF FLORIDA
COUNTY OF SEMINOLE
The foregoing inst~ru, ment was acknowledged before me this ~~ day of
(,l .~.. , 200 .~ , by C ~ (~~- , l`~, 1 ~~ , as Q~.l.~ i~ r- of
MILLERS' HOOL SUPPLIES, a F orida lim ted liability company, who is personally known
to me or has produced F j .~/; ~'-~1"S ~ f ~` • a id tification and did take an oath.
(Notary Seal) Notary -~ ~ +,., ~
Print Name: 1(~-rLZ-~ ~ • / 1 I C-' 1 a/~~U
~.-~' "~,`^ Notary Public State of Florida
Tara J Richardson
e` My Commission DD429447
?'or F~°" Expires 0511512009
City of Winter Springs/Miller School Supplies
Page 6 of 6
DESCRIPTION:
FROM THE INTERSECT{ON OF THE SOUTHERLY RIGHT OF WAY LINE
OF S.R. N0. 43~-, AND THE EASTERLY RIGHT OF WAY LINE OF
MOSS ROAD; RUN THENCE 5.88"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.OQ
FEET; RUN THENCE EASTERLY ALONG THE ARC- OF SAID CURVE
AND AFORESAID SOUTHERLY R)GHT C7F WAY LINE 440.15 FEET
THROUGH A CENTRAL ANGLE OF 18'37'41" TO THE POINT OF
TANGENCY; THENGE N.72'38'37"E. ALONG SAID SOUTHERLY RIGHT
OF WAY LINE A DISTANGE OF 889.63 FEET FOR A POINT OF
BEGINNING; THENCE CONTINUE N.72'38'37"E. A DISTANCE OF
184.27 FEET; THENGE LEANING AFORESAID SOUTHERLY RIGHT OF
iNAY LINE RUN 5.17'21'23"E. A DISTANCE OF 250.00 FEET;
THENCE 5.72°38'37"W. A DISTANCE OF 235.02 FEET; THENCE
N.02'06'02"W. 57.01 FEET; THENGE 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 SiGNAGE
PARr'lI+r1ETEf~'.5 C~ 7C)% TEN,4N
LENGTH =~
'~4" ~'IGH X 31,_2'. WIDE
-_ S!GNAGE: CHANNEL L~.TTERS
"MILLERS' SCk-fCuL
i sU~~~~Ll~_s" (RE€~ }
...~.~._ ._~...,.._. i ~~ _....._.__._ ......_._
_~ -
8'-0" -
•
`4
t ~eV
INTERNALLYCLIT .'~jd
CABINET BY SIGN V I L I..AG E
MANUFACTURER CHOCOLATE ~
(PERMITTED
SEPARATELY) ~ ~ ~ ~ TENANT
GC TO PROVIDE
POWER
c TENANT
~' PROVIDE STONE •
n BASE BEYOND 24"
° HIGH FROM
FOUNDATION,
GROUT SOLID
CONCRETE ~~~ ~.: •. a.. •• :a.. .: Q. _ o ~ .Q •• • _
•. - .. •~ .~ d •e. ~ ,•4 ..
FOUNDATION , • •• e • ° .. ~. ; . • .. - ' . ~ ~• • ~ ~ : a • a~ ~ ~ ~ , ~• ' ~. .
..I .I.
e
a
°° ..ea s a e :e s• s
e .
13'-6"
~ SIGNAGE -FRONT ELEVATION
SCALE: 1/2" = 1'-0" (OPPOSITE SIDE SIMILAR)
BROWN, GARGANESE, WEISS & D'AGRESTA, P.A.
Attorneys at Laav
Usher L. Brown' Offices in Orlando, Kissimmee, Debra S. Babb-Nutcher"
Suzanne D'Agresta" Cocoa & ~'iera Joseph E. Blitch
Anthony A. Garganese"
Jeffrey S. Weiss
~ ~ ~ ~ ~~ ® Victoria L. Cecil
Scott J. Dornstein
- Andrew M. Fisher
AUG
1
7i~ Katherine W. Latorre
/
6~~ Amy J. Pitsch
'Board Certified Civil Trial Lawyer _
"Board Certified City, County & Local Government Law
CIl'Y OF'NINTER SPRINGS
'
OFFICE OF THE CITY CLERK Leary
Erin J. O
J. W. Taylor
Of Counsel
August 15, 2005
Ms. Andrea Lorenzo-Luaces, City Clerk
City of Winter Springs
1126 East State Road 434
Winter Springs, FL 32708-2799
Re: Binding Development Agreement
City of Winter Springs/Millers' School Supplies.
Dear Andrea:
Enclosed for your records and safekeeping is the original executed Binding
Development Agreement as referenced above. Please insure that the agreement is
archived in your department.
If you have any questions, please do not hesitate to contact me.
Sin rel ,
thong A. Garganese
City Attorney
AAG:sIb
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 & Viera (866) 425-9566
Website: www.orlandolaw.net • Email: firm@orlandolaw.net
Y, ~ ' t
i
MARYANNE MORSE
CLERK OF COURT, SEMINOLE COUNTY
3G1 NURTH PARK AVE
SHNFIJRD, FL 32771
4G7-665-4411
DATE:G7/29/2GG5
TIME:11;iG:18 AM
RECE ! 1='T : 3311 SB
BROWN GARGANESE WEISS ET AL
co>,E - 1 G29
ITEM -G1 AGR 11:iG:18 AM
FILE:2045127980 I+K/F'G:5832I113fi
RECORDING FEE 86.50
Sub. Total 8fi.50
ITEM -02 AGR 11;10:18 AM
FILE:20051279$1 HK/GG:5832/114fi
RECQkDI~IG FEE _ 78.00
;;ub. ,Total 78. {10
.._~. .... .r.... ~. .-._.~._i`-- - . .
AMOUNTS AUE. ..f1G4. U ;
F'A-ID NECK;.. ~ f164.50 : ;:., .
'Cheek #:192fi3 ° f66.50
Ch'ert~ x:19318 ' f78.00
TOTAL F'ATll_~., _ -~1G4.5U
REC KY:LWOODLEY
13ERlJT'Y CLERI'.
Have a Nice Day