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HomeMy WebLinkAbout2006 06 12 Regular 307 Vistawilla Office Center CITY COMMISSION AGENDA ITEM 307 Consent Informational Public Hearing Regular X June 12,2006 Meeting t/MGR. //r/DEPT /!lid Authorization bI/v REQUEST: The Community Development Department requests the City Commission approve the proposed second modification to the Vistawilla Office Center development agreement. PURPOSE: The purpose of this agenda item is to approve the proposed development agreement modification to allow vertical construction to proceed while Progress Energy prepares the lighting plan. Staff has noted that several projects have experienced delays in receiving their lighting plans (apparently due to a backlog at the power company). APPLICABLE REGULATIONS Chapter 166, Florida Statutes Development Agreement (DA) Chapter 6 of the City Code Chapter 9 of the City Code CHRONOLOGY: August 22, 2005 January 28, 2006 February 8, 2006 March 8, 2006 April 24, 2006 Conceptual approval Phase I final engineering & DA approval Preconstruction meeting Groundbreaking ceremony Aesthetic review for Building 1 approved June 12, 2006 Regular Agenda Item 307 Page 2 of2 CONSIDERATIONS: Various development teams have commented to staff that Progress Energy is behind schedule in preparing their lighting plans. Chapter 9 of the City Code requires a lighting plan as part of the final engineering submittal. Although the DA included language that the applicant and staff believed would provide ample time for the power company to design the lighting plan, the building permit application package review is nearing completion and no lighting plan has been provided by the power company. Since the objective of the site lighting is to provide adequate light for employees and patrons when the building is open for business, staff recommends the requested modification be approved, in order to maintain this objective and still allow vertical construction to commence and proceed on a timely basis. RECOMMENDATION: Staff recommends the City Commission approve the proposed second modification to the existing Vistawilla Office Center development agreement. ATTACHMENTS: A. Proposed 2nd DA Modification CITY COMMISSION ACTION: COD/June 2, 2006/11 :43 AM ATTACHMENT A THIS INSTRUMENT WAS PREPARED BY AND SHOULD BE RETURNED TO: Anthony Garganese City Attorney of Winter Springs Brown, Garganese, Weiss & D'Agresta, P.A. 255 E. Robinson St., Suite 660 Orlando, FL 3280 I (407) 425-9566 FOR RECORDING DEPARTMENT USE ONLY SECOND MODIFICATION OF DEVELOP THIS SECOND MODIFICATION OF DEVELOPER'S AGREEMENT (the "Agreement") is made and executed this day of , 2006, 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 VISTA WILLA OFFICE CENTER, LLC, a Florida limited liability company ("Vistawilla"), whose address is 1491 East S.R. 434, Unit 103, Winter Springs, Florida 32708. WITNESSETH: WHEREAS, Robert Yeager, Trustee ("Yeager") and the City previously entered into a binding Developer's Agreement dated April 13, 1998 and recorded May 13, 1998 in Official Records Book 3424, Page 0611, of the Public Records of Seminole County, Florida (the "Developer's Agreement"), relating to certain real property located in Seminole County, Florida and more particularly described therein (the "Property"); and WHEREAS, Vistawilla purchased the Property from Yeager and is the current fee simple owner of the Property; and WHEREAS, Vistawilla and the City previously entered into a First Modification of Developer's Agreement, dated February 27, 2006, and recorded March 8, 2006 in Official Records Book 06151, Page 0042 - 0047 of the Public Records of Seminole County, Florida ("First modification"), relating to certain real property located in Seminole County, Florida, and more particularly and legally described in the First Modification; and WHEREAS, Vistawilla has requested an amendment to the First Modification in order to modify certain site development requirements set forth therein; and WHEREAS, in furtherance of this request, the parties desire to amend the Developer's Agreement, all under the terms and conditions contained herein. NOW THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties mutually agree to amend the First Modification as follows: Second Modification to Developer's Agreement City of Winter Springs and Vistawilla Office Center. LLC 1. Recitals: Caoitalized Terms. The recitals set forth above are true and correct and are incorporated herein by this reference. Unless otherwise set forth herein, all capitalized terms utilized herein shall have the same meaning as set forth in the Developer's Agreement and First Modification. 2. Lighting Plan. Paragraph 4 Lighting Plan of the First Modification is hereby amended to read as follows: City approval of the lighting plan for the Property described on Exhibit "A" shall be a condition to the issuance of a l'nlilEliRg ~erm.it certificate of occupancy for such Property. The City hereby agrees that a site work and construction permit maybe issued to Vistawilla prior to submission or approval of the lighting plan. 3. Effect of Amendment. All other terms and conditions of the Developer's Agreement and First Modification, not in conflict with this Amendment, shall remain in full force and effect. [SIGNATURE BLOCKS BEGIN ON NEXT PAGE) Second Modification to Developer's Agreement City of Winter Springs and Vistawilla Office Center, LLC -2- IN WITNESS WHEREOF, the parties have hereunto set their hands and seal on the date first above written. CITY OF WINTER SPRINGS By: John F. Bush, Mayor ATTEST: By: Andrea Lorenzo Luaces, City Clerk APPROVED AS TO FORM AND LEGALITY For the use and reliance of the City of Winter Springs, Florida only. CITY SEAL Date: By: Anthony Garganese, City Attorney for the City of Winter Springs, Florida ST ATE OF FLORIDA COUNTY OF SEMINOLE Personally appeared before me, the undersigned authority, John F. Bush and Andrea Lorenzo Luaces, well known to me to be the Mayor and City Clerk respectively, of the City of Winter Springs, Florida, and acknowledged before me that they executed the foregoing instrument on behalf of the City of Winter Springs, as its true act and deed, and that they were duly authorized to do so. Witness my hand and official seal this _ day of , 2006. (NOTARY SEAL) Notary Public My commission expires: Second Modification to Developer'S Agreement City of Winter Springs and Vistawilla Office Center. LLC .J. Signed, sealed and delivered in the presence of the following witnesses: VISTAWILLA OFFICE CENTER, LLC, a Florida limited liability company Signature of Witness By: Thomas J. Corkery, President Printed Name of Witness Date: Signature of Witness Printed Name of Witness STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of , 2006, by Thomas J. Corkery, as President of VISTA WILLA OFFICE CENTER, LLC, a Florida limited liability company, on behalf of said company. He is personally known to me or produced as identification. (NOTARY SEAL) (Notary Public Signature) (Print Name) Notary Public, State of Commission No.: My Commission Expires: Second Modification to Developer's Agreement City of Winter Springs and Vistawilla Office Center, LLC - 4 - ,.....................,. THIS INSTRUMENT WAS PREPARED BY AND SHOULD BE RETURNED TO: MAIWM€ lIB. ant IF ClIOlIT auR' SBmILE aunY II( 06304 PI' 001& - 39, (W) CLERK9S . 200EaI03763 II:DJIIIED O6I21JaOO6 09.~.S4 .. IlEaIRDltIi FEES 3$.50 RmIID IV t Ml_ Anthony Garganese City Attorney of Winter Springs P Brown, Garganese, Weiss & D'Agresta, P.A. t- 255 E. Robinson St., Suite 660 Orlando, FL 32801 (407) 425-9566 FOR RECORDING DEPARTMENT LISE ONLY SECOND MODIFICATION OF DEVELOPER'S AGREEMENT THIS SECOND MODIFICATION OF DEVELOPER'S AGREEMENT (the "Agreement") is made and executed this g.~ day of T~ , 2006, 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 VISTA WILLA OFFICE CENTER, LLC, a Florida limited liability company ("Vistawilla"), whose address is 1491 East S.R. 434, Unit 103, Winter Springs, Florida 32708. WITNESSETH: WHEREAS, Robert Yeager, Trustee (" Yeager") and the City previously entered into a binding Developer's Agreement dated April 13, 1998 and recorded May 13, 1998 in Otlicial Records Book 3424, Page 0611, of the Public Records of Seminole County, Florida (the "Developer's Agreement"), relating to certain real property located in Seminole County, Florida and more particularly described therein (the "Property"); and WHEREAS, Vistawilla purchased the Property from Yeager and is the current fee simple owner of the Property; and WHEREAS, Vistawilla and the City previously entered into a first Modification of Developer's Agreement, dated February 27, 2006, and recorded March 8, 2006 in Official Records Book 06151, Page 0042 - 0047 of the Public Records of Seminole County, Florida ("First modification"), relating to certain real property located in Seminole County, Florida, and more particularly and legally described in the First Modification; and WHEREAS, Vistawilla has requested an amendment to the First Modification in order to modify certain site development requirements set forth therein; and WHEREAS, in furtherance of this request, the parties desire to amend the Developer's Agreement, all under the terms and conditions contained herein. NOW THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties mutually agree to amend the First Modification as follows: Second Modification 1.0 Developer.s Agreement City ofWintcr Springs and Vistawilla Office Center, LLC 1. Recitals~ Capitalized Terms. The recitals set forth above are true and correct and are incorporated herein by this reference. Unless otherwise set forth herein, all capitalized terms utilized herein shall have the same meaning as set forth in the Developer's Agreement and First Modification. 2. Lighting Plan. Paragraph 4 Lighting Plan of the First Modification is hereby amended to read as follows: City approval of the lighting plan for the Property described on Exhibit "A" shall be a condition to the issuance of a building permit certificate of occupancy for such Property. The City hereby agrees that a site work and construction permit maybe issued to Vistawilla prior to submission or approval of the lighting plan. 3. Effect of Amendment. All other terms and conditions of the Developer's Agreement and First Modification, not in conflict with this Amendment, shall remain in full force and effect. [SIGNATURE BLOCKS BEGIN ON NEXT PAGE) Second Modification to Developer's Agreement City of Winter Springs and Vistawilla Office Center. LLC -2- IN WITNESS WHEREOF, the parties have hereunto set their hands and seal on the date first above written, , . ea Lorenzo Luaces, City Clerk .... "". ", . ~ " ~ ..- 1t\1~ C/ '. .,~ ' _- .,\.\ "...... 1';," . ' . f'" . ,', . ",""",' , . 0 t : ") 0' N C . · :;..'\ " . . ..- .;) .'. ~ ~ g . ~ ~j1 ~ ~ . 'c:... "0 o. ~ ~ ~:. ~CITY sAri;; ,@ I ~. ~.,. ,. ~ ;'." ". . A'.... CT~~' ,:~.: ". (...., -: . '., '....c, ..".-- , .. bl' ....... t ,~\\. - ", 'I'/) Ir!~'" __- " A. 011__ ".",\~"""-,, STATE OF FLORIDA COUNTY OF SEMINOLE CITY OF WINTER SPRINGS APPROVED AS TO FORM AND LEGALITY For the use and reliance of the City of Winter Springs. Florida Only,;.;; Date: ti~/()' By: &ese, City Attorney for the City of Winter Springs, Florida Personally appeared before me, the undersigned authority, John F. Bush and Andrea Lorenzo Luaces, well known to me to be the Mayor and City Clerk respectively, of the City of Winter Springs, Florida, and acknowledged before me that they executed the foregoing instrument on behalf of the City of Winter Springs, as its true act and deed, and that they were duly authorized to do so, Witness my hand and official seal this 12-1\\ day of J \l\\L ,2006. (NOTARY SEAL) SANOIBOW1<ER ~ !If COMMISSION ..""". ..~ EXPIRES: JON 16, 2007 ..~ Bonded through Advantage NolaIy ~OAWWIA Notary PublW '\1.'\1 " My commission expires: ~ Second Modification to Developer's Agreement City of Winter Springs and Vistawilla Office Center, LLC -3. Signed, sealed and delivered in the ;?;Of~:~mtn~~ SZurcllfWitn I/J'Pr- . Jc' J<;/J L/([I{/~ Printed Name ofWilness VIST A WILLA OFFICE CENTER, LLC a Florida limited liability company .. Date: &_ /3-00 OOM~ Printed Name of Witness STATE OF 17~'t4>- COUNTY OF N\IAD\..e.... 2_The foregoing instrument was acknowledged before me this \ :::, ~y of ~(\L l 2006, by Thomas J. Corkery, as President of VISTAWILLA OFFICE CENTER, LLC, a Florida limited liability company, on behalf of said company. He is personally known to me or produced as identification. ' (NOTARY SEAL) ~~ r V\...~. W ~t-e- (Print Name) ".-::-' J _ Notary Public, State of r (a(\c.u<.-- Commission No.: \) 1)035Sq~ I My Commission Expires: (P-l "l-~or::f6' .........-- . .""" .............~ L WHI1"& . ~'"'".. - ie' =~' l ~.J .....--... i Of. ... ~,. ,............. Second Modification to Developer's Agreement City of Winter Springs and VistawillaOffice Center, LLC - 4 -