HomeMy WebLinkAboutChoices In Learning, Inc First Modification to Binding Development Agreement - 2011 07 07 �im����������w�u�����N��iu�iu�
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THIS INSTRiJMENT WAS PREPARED BY M�� gy � E�enro�h {all)
AND SHOULD BE RETURNED TO:
Kimberly Romano Kopp, Esquire
Brown, Garganese, Weiss & D'Agresta, P.A.
Post Office Box 2873
Orlando, Florida 32802-2873
(407} 425-9566
FOR RECORDING DEPARTMENT USE ONLY
FIRST MODIFICATION TO BINDING DEVELOPMENT AGREEMENT
THIS FYRST MODIFICATION TO BINDING DEVELOPMENT AGREEMENT
{��First Modif cation"), made and executed this 't � day of �'v�y , 2011, by
and between the CITY OF WINTER SPRINGS, a Florida municipal corporation ("City")
' whose addzess is 112b East S.R. 434, Winter Springs, FL 32708, and CHOICES IN
;:'.
LEARNING, INC., a Florida not-for-profit corporation (the "School"), whose address is 893 E.
��� State Road 434, Longwood, Florida 32750.
� WI School and the City entered into a Binding Development Agreement dated
'`" September 16, 20I0, and recarded in Official Records Book 7468, Page 0208, of Seminole
,
,..
' County, Florida (the "Agreement")'; and
�.:
WHEREAS, the parties desire to modify the Agreament to memorialize the City's
:i
approval of certain requested special exceptions at a City Commission meeting duly held on
i January 24, 2011;
i
' WHEREAS, the parties desire to znod�ify the Agreernent to allow canopy and awning
heiglzts to be less than ten feet above adjacent sidewalks; and
First Modification to Binding Development Agreement
City of Winter Springs and Choices In Learning, Inc.
Page 1 of 4
I
WHEREAS, the parties desire to modify the Agreement to allow for a black vinyl-coated
cha.in link fence to be located on the Hicks Avenue side of an open wet re#ention pond; and
{ W�IEREAS, the parties desire to modify the Agreement to aliow building face
expression lines to be located below the second floor windows; and
WHEREAS, the parties desire to modify the Agreement to allows less than fifteen
percent transparent glazing for windows on the north elevation of tl�e building; and
WHEREAS, the parties desire to modify the Agreement to permit larger corner curb radii
to accornrnadate fire truck turning; and
WIIEREAS, the parties acknowledge and agree that aIl other terms and conditions of the
Agreement not expressly modified by this First Modification sk�all remain in full force and effect.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parkies mutually agree as fallows:
:k
1.0 Recitals. The foregoing recitals are hereby incorporated herein by this reference
i
and deemed a material part of this First Modification.
2.0 Canopies/Awning�s, Schoot may install canopies and awnings at nine {9) foot
elevations above the sidewaik, provided that the School does not install signage under the
canopies or awnings.
3.0 Black Vinyl-Coated Chain Link Fence. School may install a four (4) foot high,
black vinyl-coated chain link fence on the Hicks Avenue side of the wet retention pond. Such
;:
fencing shall be compatible with the fencing used at the adjacent Dog Park on Hicks Avenue and
at Central Winds Park. However, as a condition of permitting said fence, the School shall install
, and maintain in good condition an opaque vegetative screen along the outer perimeter of the
fence so that the fence is eventually not visible from Hicks Avenue.
First Modifica#ion ta Binding Development Agreernent
Gity of Winter Sgrings and Choices In Learning, Inc.
- Page 2 of 4
4.0 Building Face Expression Lines. School building expression tines may be located
below the second floor window in lieu of at the division between the first and second floors.
5.0 Corn.ex Cuxb radii. Corner curb radii of greater than fifteen (25) feet is permitted
(40', 25' and 22').
6.0 Window Glazing,, at North Elevation. Thirteen percent {13%) transparent glass is
permitted at the north elevation of the building.
7.0 Recordation. This First Modification shall be recorded in the public records of
Seminole County, Florida, and shall run with the land.
8.0 Miscellaneous. AIl terms and conditions of the Agreement and other development
approvals by the City for the project, which are n.ot expressly and specifically modifed by this
First Modification shall continue to rernain in full force and effect. In the event of a conflict
.j between the terms of this First Modification and the Agreement, the terms of this First
V�
� Modification shall prevail.
IN WITNESS VV�IEREDF 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: SCHOOL:
L ��� CHOICES IN LEARNING, INC., a Florida
not-fo -profit corporatio
. �� � � � . �
Printe Name of Witness By: � � L '
C � �
u,.�_
Name: '9' �' ` �I�
1
��O t�, k,N Pt-�P Title• � i� ,
Printed Name of Witness llate: `
i
;�
�
First Modification to Binding Development Agreement
City of Winter Springs and Choices In Learning, Inc.
Page 3 of 4
STATE OF FLORIDA
� COUNTY OF S�+r ���t
�
The foregoing instYUment was acknowledged befare me this 7� day of ��� ,
2011, by Ei�,h,g YN�,,,�„�as S-�MR�'r+1h� of CHQICES IN LEARNING, INC., a
Florida not-far-profit corporation, who is personally known to me ar who has produced
as identification.
(NOTARY SEAL}
Not Pu lic �tiature
ptPRV P � e `/�, ANDf{EW BARKEH � �J
2 ' �' * MY COMMISSION # EE 000453 ��,� (� �
* EXPIRES: July 30, 2014 �� "'''""""� �" ���
��� fl�P\Oe B o n � e d Thru B a d 9 e t NatatY S�S (Name typed, printed or stamped}
Notary Public, State of �"'tr�IQ.i DI!
Commission No.: ��-� o00 �S 3
My Commission Expires: '?T.s ( t�
CITY:
ATTES : �
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CITY OF WINTER SPRINGS, a Florid�
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Municipal Corpora�ion,
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-'��ti`r� � �� �C1er�:` By:
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First Modification ta Binding Development Agreement
City of Winter Springs and Choices In Leaming, Ina
Page 4 of 4