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Home My WebLink AboutBRI 1813 Villagio Fifth Modification to Binding Development Agreement -2007 10 30 . 11111 II a UlIl UIIIIIIlIIlIIIlIUl U 11I11 IU' 1Il 1111 THIS INSTRUMENT WAS PREPARED BY AND SHOULD BE RETURNED TO: MARYANNE MORSE, ClERK OF CIRCUIT COORT SEMINOLE COUNTY BK 06871 Pgs 0281 - 284; (4pgs) CLERK'S ~ 2007163063 RECORDED 11/ao/eoo7 03:01:04 PM RECORDING FEES 3S. SO RECORDED BY T Saith (J 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 DEPARTl'tlEl\T USE ONLY FIFTH MODIFICATION TO BINDING DEVELOPMENT AGREEMENT THIS FIFTH MODIFICATION TO BINDING DEVELOPMENT AGREEMENT ("Fifth Modification"), made and executed this ~ day of Jv0Vt>YY\~ , 2007, by and between the CITY OF WINTER SPRINGS, a Florida municipal corporation ("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 was approved by the City Commission on May 30,2007 ("Fourth Modification"); and Fifth Modification to Binding Development Agreement BRI 1813 Villagio, LLC - City of Winter Springs, Florida Page 1 of4 - 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, the parties desire to further modify the Agreement to allow for the construction of a building mounted tenant identification sign which exceeds the City Code's maximum height allowance in the State Road 434 Corridor Overlay District's General Design Standards for New Development Area; 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 and Fourth Modification not expressly modified by this Fifth 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 Fifth Modification. 2.0 Code Waiver for Suite #1121 Tenant Identification Sign. Pursuant to section 20- 474, Winter Springs City Code, the City agrees to vary the building signage restrictions for the tenant space identified as Suite #1121 within BRl Villagio's Shopping Center as follows: 2.1 Building Mounted Single Tenant Identification Sign. BRl Villagio is hereby granted a waiver from the fourteen foot (14') maximum height allowance set forth in section 20-470(3)c of the City Code for the building mounted single tenant identification sign for Suite #1121. BRI Villagio may erect one (1) building mounted single tenant identification sign for Suite #1121 which shall be a maximum of four feet (4') in total height and the top of the sign shall be located a maximum of twenty-one feet (21 ') from ground level. 3.0 Recordation. This Fifth 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 and other development approvals by the City for the project, which are not expressly and specifically modified by this Fifth Modification, shall continue to remain in full force and effect. Fifth Modification to Binding Development Agreement BRl1813 Villagio, LLC - City of Winter Springs, Florida Page 2 of4 , 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 the following witnesses: L/-frr :6 St{~,N/I f . AcN12ACF[ Printed Name of Witness /~ /'~. /: . . _~/~ t-t-' . Printed Name of Witness BRI~O: ~. By: ~ ~- PrintName: ~,O\Slh f::::,e.-IY1,..~().;JLj BRI 1813 Villagio, LLC, a Florida limited liability company STATE OF FLORIDA COUNTY OF ~o;jJ~~c:! The foregoing instrument was aclmowledged before me this ~ day of \)c. \()~Q... , 2007, by~O\~~ ~'=<>l~ as ~o..~c\~~\ ofBRI 1813 Villagio, LLC, a 1 \ I Florida limited liability company, who is personally mown to me or \1,<1..., httO pree....""d (NOTARY SEAL) as ideotificatioo. ~ ,/~::,~ - (Name typed, printed or stamped) Notary Public, State of S-C:R.1 ~~ Commission No.: 1:.b. ~l.>,\C.o~ My Commission Expires: 0I.c -2.~ - ~ Fifth Modification to Binding Development Agreement BRI 1813 Villagio, LLC - City of Winter Springs, Florida Page 3 of 4 4 ATTEST: ' CITY OF WINTER SPRINGS, a Flo . unicipal Corporation, j.~ JO F. BUSH Ma or By: > ) . .... "0' o (City Se;d) .9-' .{ r,-", . xi ~;;~ .' ".';>~:.~} D4 .. . . (;~<. t" '"."" 'f Fifth Modification to Binding Development Agreement BRI 1813 ViIlagio, LLC - City of Winter Springs, Florida Page 4 of 4