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Home My WebLink About2007 01 08 Consent 415 First Amendment to the West End Professional Center January 8, 2007 City of Winter Springs Regular Commission Meeting 010807 ConsenC 415_ West_End_DevelopmenCAmendment COMMISSION AGENDA ITEM 415 Consent X Informational Public Hearin Re ular January 8, 2007 Regular Meeting Mgr. / Dept. Authorization REQUEST: The City Manager requesting the City Commission to approve the First Amendment to the West End Professional Center One, LLP, Development Agreement with the City. PURPOSE: This agenda item is needed to memorialize West End's options to construct two additional seat walls around trees located in front of the West End Office Building, or in the alternative choice of West End to install a landscape architectural feature, or urban art feature in the front entranceway to the building. CONSIDERATIONS: At the December 11, 2006 Commission Meeting the Commission reviewed the Development Agreement for the construction of the West End Office Project on S.R. 434 in the Town Center. As shown in Attachment B of this Agenda Item, the plans associated with the project provided for four seat walls around the trees located in front of the building, and no seat walls around the two interior most trees of the plaza. This design was consistent with approvals provided by the Commission in the June 26, 2006 Aesthetic Review Hearing and the August 4, 2006 Final Engineering Hearing. At the December 11, 2006 Development Agreement Hearing meeting the question was raised as to a previous Commission directive regarding seat walls around all six tree positions in front of the office building. The consensus was that the Commission directed seat walls to be built around all six tree positions. This consensus was incorrect. Following the December 11,2006 meeting, at the request of the developer the staff performed an extensive review of the record of the project which clearly demonstrated the following: Page 1 of 3 1. At the June 26,2006 Aesthetic Review Hearing the staff recommended that seat walls be installed around four of the six tree positions located in the plaza in front of the building, and that seat walls not be installed around the two interior most tree positions. The purpose of leaving the two interior most tree positions without seat walls was related to another staff recommendation calling for an urban art or fountain type feature in front of the building. Related to this recommendation staff believed that seat walls around the two interior most tree positions would obstruct the view of the urban art or fountain feature. If urban art or a fountain feature were not to be approved then staff desired seat walls to be installed around the two interior most tree positions, as well as the other four tree positions. 2. At the August 14, 2006 Final Engineering Hearing the Commission agreed that the developer would not be required to install the fountain or the urban art feature, and that the developer would only be required to install four seat walls, thus eliminating the requirement for the seat walls around the two interior most tree positions. 3. In conclusion, the Commission's action taken at the December 11, 2006 meeting requiring the six seat walls was based upon flawed information resulting in a Commission action that was inconsistent with the previous Commission actions of the June 26, 2006 Aesthetic Review Hearing, and the August 14, 2006 Final Engineering Hearing. To resolve the conflicting actions the City Manager requested West End Representatives to voluntarily comply with the action of the Commission taken at the Development Agreement Hearing on December 11, 2006 requiring six seat walls to be installed as a matter of good will on the part of the Developer. The Developer agreed with two caveats as follows: 1. West End would reserve the option to either build six seat walls, or in the alternative to build four seat walls and an urban art feature. If the urban art feature is installed, the urban art feature would be located generally center of the entrance to the building, and the two seat walls around the interior most tree positions would be eliminated. This would be consistent with staff's recommendations. 2. If West End chooses to install the urban art feature, the City would not interfere with West Ends choice of urban art. FUNDING: Not Applicable RECOMMENDATIONS: Staff is recommending that the City Commission adopt Amendment One (1) to the West End Professional Center One, LLP to cure inconsistent action of the Commission caused by flawed information at the December 11, 2006 Final Development Agreement Hearing by permitting West End Office Inc. to install six seat walls around the six tree positions located in front of the West End Office Building located on S.R. 434 in the Winter Springs Town Center, or in the Page 2 of 3 alternative at the choice of West End, to install an urban art feature in the general location of the center of the entranceway to the building and four seat walls around the four outer most tree positions of the plaza located in front of the building, and that the design of the urban art feature would be solely the choice of West End. ATTACHMENTS: A. First Amendment to the West End Development Agreement. B. June 26,2006 Public Hearing Item 204 West End Office Building Graphic. COMMISSION ACTION: Page 3 of 3 ATTACHMENT A ATTACHMENT A FIRST MODIFICATION OF BINDING DEVELOPMENT AGREEMENT TillS FIRST MODIFICATION OF BINDING DEVELOPMENT AGREEMENT, dated December 11, 2006 ("First Modification") is made and executed this day of 2007, by and between the CITY OF WINTER SPRINGS, a Florida Municipal Corporation (the "City"), whose address is 1126 East S.R. 434, Winter Springs, Florida 32708, and WEST END PROFESSIONAL CENTER ONE, LLP, a Florida limited liability company ("West End"), and CHRISTOPHER F. REGAN ("Regan"), whose address is 225 S. Orange Avenue, Suite 1401, Florida 32801. WITNESSETH: WHEREAS, the Developer and City previously entered into a Binding Development Agreement, dated December 11, 2006 ("Agreement"); and WHEREAS, the parties desire to amend the Agreement as provided hereunder. 1. Paragraph 5(D) is hereby amended to add the following second sentence: However, at the Developer's option, the Developer may substitute the middle two (2) seat walls with a significant sculpture or fountain at the front entrance of the building. 2. All other provisions of the Agreement not amended by this First Modification shall remain in full force and effect. IN WITNESS WHEREOF the parties have hereunto set their hands and seal on the date first above written. Signed, sealed alld delivered ill tire presellce of: Witnesses: CITY OF WINTER SPRINGS, a Florida municipal corporation By: Print: By: John F. Bush, Mayor By: Print: ST ATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this _ day of ,2007, by , as of the City of Winter Springs, who is personally known to me, or has produced the following identification: NOTARY PUBLIC, State of Florida By: Print: My Commission Expires: ATTACHMENT A IN WITNESS WHEREOF the parties have hereunto set their hands and seal on the date first above written. Siglled, sealed and delivered ill tlte presence of: Witness WEST END PROFESSIONAL CENTER ONE, LLP., a Flo limited liabili~l1tI1ffrShiP By: ~ Print: Christooer F. Regan Title: Managing Partner By: Prin t: By~a' Print:' . /Je,..a. a16;' STATE OF FLORIDA COUNTY OF O\Zl4'rY"1:b '\~ lli~2~ The foregoing instrument was acknowledged before me this ~ day of . _ 2~ by Christopher F. Regan as Managing Partner of WEST END PROFESSIONAL CENTER ONE, LLP, who is personally known to me, or has produced the following identification: NOTARY PUBLIC, State of Florida ~ By: \ Print. My Commission Expires: , Attachments Exhibit A - Property ~~~ SUZANNE YENSEA l.rD tll.\ W COMMISSION' DO 475185 ~ . ~. EXPIRES: January " 2010 "":t;Rf.:t\{l Bonded 1bnJ Nolaty NlIic llnderI.nters 2 ATTACHMENT A 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: Witness ~ By: Print: ~~~l ~~!ri" ST ATE OF FLORIDA COUNTY OF 0t28)\9k In,m ~.~. ,_1.... 200l.D The foregoing instrument was acknowledged before me this U day of ~ by CHRISTOPHER F. REGAN, who is personally known to me, or has produced the following identification: - NOTARY PUBLIC, State of Florida By: ( Print: <2::. My Commission Expires: EK-. SUZANNE YENSER MY COMMISSION' DO 475185 EXPIRES: January 1, 2010 Balded Thru NoIaly PIbIic \JndOIWriI8rS 3 ATTACHMENT B ATTACHMENT B JUNE 26, 2006 PUBLIC HEARING ITEM 204 FINDINGS: THE BUILDING ELEVATIONS INCLUDE ARCHITECTURAL DETAILING ADDING TO THEIR APPEARANCE AND THE QUALITY OF THE PROPOSED PROJECT. June 26, 2006 PUBLIC HEARING ITEM 204 8- Provide Staff with detail on proposed lighting luminaries and posts. Revise stop sign detail to reflect Town Center standard up grade. 9- A fountain area or significant piece of sculpture must be included. 10- Deviations from the Town Center Code will be required to be memorialized in a Development Agreement before any permits are released. STAFF RECOMMENDATION: Based on a thorough analysis of the Applicant's submittal for Aesthetic Review, Staff recommends that the Commission grant Approval of the Aesthetic Review package with the Condition that the Revisions requested (above) under "Findings" be made. ATTACHMENTS: A. Aesthetic Review Package COMMISSION ACTION: FIRST MODIFICATION OF BINDING DEVELOPMENT AGREEMENT TillS FIRST MODIFICATION OF BINDING DEVELOPMENT AGREEMENT, dated December 11,2006 ("First Modification") is made and executed this day of 2007, by and between the CITY OF WINTER SPRINGS, a Florida Municipal Corporation (the "City"), whose address is 1126 East S.R. 434, Winter Springs, Florida 32708, and WEST END PROFESSIONAL CENTER ONE, LLP, a Florida limited liability company ("West End"), and CHRISTOPHER F. REGAN ("Regan"), whose address is 225 S. Orange Avenue, Suite 1401, Florida 32801. WITNESSETH: WHEREAS, the Developer and City previously entered into a Binding Development Agreement, dated December 11,2006 ("Agreement"); and WHEREAS, the parties desire to amend the Agreement as provided hereunder. 1. Paragraph 5(D) is hereby amended to add the following second sentence: However, at the Developer's option, the Developer may substitute the middle two (2) seat walls with a significant sculpture or fountain at the front entrance of the building. 2. All other provisions of the Agreement not amended by this First Modification shall remain in full force and effect. 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: Witnesses: CITY OF WINTER SPRINGS, a Florida icipal corporation By: Print: By: <.. x:f..AJ (..J 1/ By: Print: 'd G~~~ STATE OF FLORIDA COUNTY OF ~ ~~o~ The foregoing instrument was acknowledged before me this ~ day of ~~~ ,2007, by ~ y: ~, as of the City of Winter Springs, wh~onal~o rile, or has produced the following identification: . C~ By Print: My ~~~gl1.2r~ f ~ . My Commission 00209870 ,.~.. "to. p.:.1 Explres May 09.2007 UBLIC, State of Florida 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: WEST END PROFESSIONAL CENTER ONE, LLP., a Flo limited liability rship Christoper F. Regan Managing Partner Witness By: Print: Title: By: Print: By ~c<i1~ a. Print: ,. /k . ~ ra. C1h;, STATE OF FLORIDA COUNTY OF oeAICfb h:::::~Jh 0_ _.. t....2CClCO The foregoing instrument was acknowledged before me this ~ day of~2~ by Christopher F. Regan as Managing Partner of WEST END PROFESSIONAL CENTER ONE, LLP, who is p~sonally known to me, or has produced the following identification: NOT ARY PUBLIC, State of Florida By: Print. My Commission Expires: Attachments Exhibit A - Property ~.~";j;',,~ SUZANNE YENSER ~r~i3 MY COMMI~SION t DD 475185 ~~ . 1S.~ EXPIRES. January 1, 2010 "4.m:.~. . Bonded TllI1I NoIary I'Iillic ~e<s 2 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: Witness ~. By: Print: ~~~t 5(i~f&fi ST ATE OF FLORIDA COUNTY OF Ot2R 1\91:::::- The foregoing instrument was acknowledged before me this by CHRISTOPHER F. REGAN, who is personally known to identification: ~ ~. _. ._1,... ZODLD lUl" dayof~ me, or has produced the following NOTARY PUBLIC, State of Florida By: Print: <2:: My Commission Expires: .,'l-:;;"I.:I!... SUZANNE YENSER !.r''A'':r.f{if: MY COMMISSION' DO 475185 ~:A~f EXPIRES: January 1, 2010 . ~~iif.;n.~<' Bonded ThrU Notary Nllic Undo!wriIerS 3