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HomeMy WebLinkAboutTab 33 Vistawilla Office Center, LLC.pdfii�awam����wawrMalaa>�NwMwa��alw� THIS INSTRUMENT WAS PREPARED BY AND SHOULD BE RETURNED TO: Patrick K. Rinka, Esq., Esquire Lowndes, Drosdick, Doster, Kantor & Reed, P.A. 215 North Eola Drive Post Office Box 2809 Orlando, FL 32802-2809 (407)843-4600 AND SHOULD BE RETURNED TO: Anthony Garganese City Attorney of Winter Springs �rown, Garganese, Weiss & D'Agresta, P.A. 55 E. Robinson St., Suite 660 Orlando, FL 32801 (407)425-9566 MMYMW MI tk-j CLERK LIP CIRWIT Ci1t T SMMILE UAN" BK 06151 Nq% 0042 — 471 46NO CLERK' S # EI-MG037550 W.111 :1) 0:S/WP006 1116123 All RE0l1#)11 i Ft E:1i 59.50 REIMMM BY L Woodloy FOR RECORDING DEPARTMENT USE ONLY FIRST MODIFICATION OF DEVELOPER'S AGREEMENT THIS FIRST MODIFICATION OF DEVELOPER'S AGREEMENT (the "Agreement") is made and executed this X7 0' day of . f t ke-&,±!ze , 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 VISTAWILLA 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 has requested an amendment to the Developer's Agreement 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. First Modification to Developer's Agreement City of Winter Springs and Vistawilla Office Center, LLC 0082037\119619\915131\1 NOW THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties mutually agree to amend the Developer's Agreement as follows: 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. 2. Limitation on Required Wall. Notwithstanding anything set forth in Section 3 of the Developer's Agreement to the contrary, the City hereby agrees that no wall shall be constructed or installed within any designated wetland areas located upon the Property described on Exhibit "A". 3. Building Setbacks. The building setback for the Property described on Exhibit "A" shall be reduced to twenty-five feet (25') from the adjacent right-of-way line of State Road 434 in recognition of the enhanced landscaping contemplated upon such Property. 4. Lighting Plait. City approval of the lighting plan for the Property described on Exhibit "A" shall be a condition to the issuance of a building permit 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. 5. Effect of Amendment. All other terms and conditions of the Developer's Agreement, not in conflict with this Amendment, shall remain in full force and effect. [SIGNATURE BLOCKS BEGIN ON NEXT PAGE] First Modification to Developer's Agreement City of Winter Springs and Vistawilla Office Center, LLC -2- 0082037\ 119619\915131 \ 1 IN WITNESS WHEREOF, the parties have hereunto set their hands and seal on the date first above written. CITY OF WINTER SPRINGS y Ja . Bush, May. m. _ ATTEST: 41 �,,, • �iy 1-� By: Andrea Lorenzo Luaces, City Clerk APPROVED AS TO FORM ANE$1:E CAUT For the use and reliance of the City of Winter Springs, Florida only. CITY SEAL Date: By: Anthony anese, City Attorney for the City of Winter Springs, Florida STATE OF FLORIDA COUNTY OF SEMINOLE Personally appeared before me, the undersigned authority, John F. Bush and Andrea Lorenzo Luaces, well known to me to be the Mayor and City Clerk respectively, of the City of Winter Springs, Florida, and acknowledged before me that they executed the foregoing instrument on behalf of the City of Winter Springs, as its true act and deed, and that they were duly authorized to do so. Witness my hand and official seal this day of �L� , 2006. (NOTARY SEAL),`-- otary Public SANDI BOWKER My commission expires: of 1 �•- �� MY COMMISSION #DD223479 EXPIRES: JUN 16, 2007 Bonded through Advantage Notary First Modification to Developers Agreement City of Winter Springs and Vistawilla Office Center, LLC -3- 0082037\119619\915131\1 Signed, sealed and delivered in the presence of the following witnesses: SsWitness lW406' M 61C (f NA L E Printed Name of Witness S to f ess Printed Name of Witness STATE OF �R U Gv COUNTY OF VISTAWILLA OFFICE CENTER, LLC, a Florida limited liability company By: Thomas J. rkery, Presided - Date: �' The foregoing instrument was acknowledged before me this ` �t day of January, 2006, by Thomas J. Corkery, as President of VISTAWILLA OFFICE CENTER, LLC, a Florida limited liability company, on behalf of said company. He is personally known to me or produced 7 as identification. (NOTARY SEAL) (Notary li 5 um) (/y V�-- IiLJ aC ...... dK­4A;i1iRYN L. 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CZ o��+$x� A ❑ o N M c cn a a q y f{ p Q Ul r, r y a ri rn yA- m u xrry AL^a' us a 1aka r- 2�ro � 4aa Qrnya�r n n pll I9K10II1101111N00111WON ONION ffl N1 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 32801 (407)425-9566 WRO&E "MI 0LEI4t (IF C11MIT CAlW GaINME [ OLKrY 8K OM PIS 0036 - 391 t lr CLERK'S 0 2NN5,303763 RED"M %1271P-1106 09151254 Fri RECURDINS FEES 3LM QED 9Y t holden FOR RECORDING DEPARTMENT USE ONLY SECOND MODIFICATION OF DEVELOPER'S AGREEMENT THIS SECOND MODIFICATION OF DEVELOPER'S AGREEMENT (the "Agreement") is made and executed this day of YqM-5=.f , 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 VISTAWILLA 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: 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 pe 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 l 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. U ea Lorenzo Luaces, City Clerk & 1 ' OA ^4 f � %PCITY STATE OF FLORIDA COUNTY OF SEMINOLE CITY OF WINTER SPRINGS By: (4�� �Ie J i F. Bush, Mayor APPROVED AS TO FORM AND LEGALITY For the use and reliance of the City of Winter Springs, Florida only. Date: By: Anthony blariganese, 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 vf day of � , 2006. (NOTARY SEAL)�OAO Notary Publ SANDI1IOWKER My commission expires: MY COMMISSION #DD223479 EXPIRES: JUN 16, 2007 " Bonded through Advantage Notary Second Modification to Developer's Agreement City of Winter Springs and Vistawilla Office Center, LLC -3- Signed, sealed and delivered in the presence of the following witnesses: a Sign-1Witn 1.r — Printed Name of �� Witness ture of W Itness a�c9Pti G� CA2V l/vt`1L e Printed Name of Witness VISTAWILLA OFFICE CENTER, LLC, a Florida limited liability company Date: l Co3 — 0 STATE OF rpL ❑rl COUNTY OF The foregoing instrument was acknowledged before i 2006, by Thomas J. Corkery, as President of CENTER, LLC, a Florida limited liability company, on behalf ersonal own to me or identification. (NOTARY SEAL) .a ............... ..........ww�'�• KATFiiYN L WHiTF ' produced ne this day of VISTAWILLA OFFICE of said company. He is r ata Pu (Print Name) J Notary Public, State of Commission No.: 35 S My Commission Expires: CO- I'?-a�W?' Second Modification to Developer's Agreement City of Winter Springs and Vistawilla Office Center, LLC -4- as I III III Ill II 111 II 111 II 111111111 III II 1110111 II 111 II 11111111 THIS INSTRUMENT WAS PREPARED BY: Patrick K. Rinka, Esq., Esquire Lowndes, Drosdick, Doster, Kantor & Reed, P.A. 215 North Eola Drive Post Office Box 2809 Orlando, FL 32802-2809 (407) 843-4600 AND SHOULD BE RETURNED TO: Cp , Anthony Garganese City Attorney of Winter Springs Brown, Garganese, Weiss & D'Agresta, P.A. 255 E. Robinson St., Suite 660 Orlando, FL 32801 (407) 425-9566 MARYANNE MORSE, CLERK OF CIRCUIT COURT SEMINOLE COUNTY BK 06561 Pgs 0610 — 6151 (6pgs) CLERK'S # 2007010046 RECORDED 01/19/2007 0911Si55 AM RECORDING FEES 52.50 RECORDED BY H DeVore FOR RECORDING DEPARTMENT USE ONLY THIRD MODIFICATION OF DEVELOPER'S AGREEMENT THIS THIRD MODIFICATION OF DE LOPER'S AGREEMENT (the "Agreement") is made and executed this day of p , 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 VISTAWILLA 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 "Original 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 amended the Original Developer's Agreement pursuant to that certain First Modification of Developer's Agreement dated February 27, 2006 and recorded March 8, 2006 in Official Records Book 6151, Page 42 (the "First Modification"), and that certain Second Modification of Developer's Agreement dated June 12, 2006 and recorded June 27, 2006 in Official Records Book 6304, Page 36 (the "Second Modification"), both of the Public Records of Seminole County, Florida (the Original Developer's Agreement, the First Third Modification to Developer's Agreement City of Winter Springs and Vistawilla Office Center, LLC Page 1 of 5 Modification and the Second Modification are hereinafter collectively referred to as the "Developer's Agreement"); and WHEREAS, Vistawilla has requested another amendment to the Developer's Agreement 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 Developer's Agreement as follows: 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. 2. Enhanced Landsca in . The City hereby acknowledges and agrees that the landscape plans and specifications prepared by Outdoor Design Works, Inc., dated January 4, 2006, which were approved by the City Commission on January 23, 2006, satisfy the landscaping conditions for the Property as set forth in Section 3 of the Original Developer's Agreement. 3. Sidewalk Requirements. The City hereby acknowledges and agrees that a sidewalk already exists along the State Road 434 frontage of the Property, and therefore the meandering six foot (6) wide sidewalk contemplated in Section 3.5 of the Original Developer's Agreement shall not be required. 4. Project Phasin_. The City hereby acknowledges that Vistawilla intends to develop the Property in two phases. Notwithstanding anything set forth in Vistawilla's construction plans to the contrary, the phase line for phase 1 shall end at eastern exterior wall of the office building structure to be constructed within such phase (the "Phase 1 Building"), and the second building (the "Phase 2 Building") and the balance of the Property shall be developed as phase 2. 5. Sign- Criteria. Notwithstanding anything set forth in Section 4 of the Original Developer's Agreement to the contrary, the City hereby acknowledges and agrees that the proposed Centerline Homes sign to be installed on the exterior of the Phase 1 Building as depicted on Exhibit "A" attached hereto and incorporated herein by this reference is hereby approved. 6. Effect of Amendment. All other terms and conditions of the Developer's Agreement, not in conflict with this Amendment, shall remain in full force and effect. [SIGNATURE BLOCKS BEGIN ON NEXT PAGE] Third Modification to Developer's Agreement City of Winter Springs and Vistawilla Office Center, LLC Page 2 of 5 IN WITNESS WHEREOF, the parties have hereunto set their hands and seal on the date first above written. ATTE • By: Andre orenzo-Luaces, City Clerk h7 r jCjTY4EAL�- �, X STATE OF FLORIDA COUNTY OF SEMINOLE CITY uk' W1PI l EK ar1C11rw By: JJF. Bush, Mayor APPROVED AS TO FORM AND Lt'•VA.L1 i x For the use and reliance of the City of Winter Springs, Morida only. Dately By: ganese, 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 (NOTARY SEAL) day of , 2006. Notary Public My commission expires: 0082037\119619\1002056\2 Third Modification to Developer's Agreement City of Winter Springs and Vistawilla Office Center, LLC -3- Signed, sealed and delivered in the a of the fallowing witne es (tjW r Signature of Witness Printed Name of Witness >,, ..GL tj. 41 e4col Si ature of With T Print�,-, W�tnpec i STATE OF 0( i AG-1 COUNTY OF Min O VISTAWILLA OFFICE CENTER, LLC, a Florida limited liability company By: Thomas J. Co ry, Presiden Date: — d "` The foregoing instrument was acknowledged before me this tg:!�—day of-wec 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) (Notary Public Signature MUMMcow i WWrE (Print Name)Commission No. Pro (�t���awwo w� Notary Public, State of Cl N0NWy 000),sz-4zs+e . ')-D0355g�1 }�p�1y My Commission Expires: Third Modification to Developer's Agreement City of Winter Springs and Vistawilla Office Center, LLC Page 4 of 5 j EXHIBIT "A" Proposed Sign For Centerline Homes Third Modification to Developer's Agreement City of Winter Springs and Vistawilla Office Center, LLC Page 5 of 5 J (V N u y P W O O N - � V as G.1 1C d C h u O U N E0 N c d 'c u a :; � O O � O U 3 U'a w Z:9 Ln u TQ N ac b v 2 N m N L = OI p�I N W O O.Q N U O c F O W U9 Oa Zm Z Y y E` = N < C J C C T O p U o 6 � Y C U N 9 p II c L S ::5 U 6 ID M C 7 • 7 c U C r Q O o C � N N o C O m� �; o f U o co N 97 @"'L N E L U : .� 4: L 3m o' _ u,�rc) �—'� N N aN.. '3 0 KC -0 t c�� 0 t9 z J Z 0 w 0 Z a uj 0 W OC x w s+19� THIS INSTRUMENT WAS PREPARED BY: Patrick K. Rinka, Esq., Esquire Lowndes, Drosdick, Doster, Kantor & Reed, P.A, 215 North Eola Drive Post Office Box 2809 Orlando, FL 32802-2809 (407)843-4600 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 32801 (407)425-9566 MARYANNE MORSE, CLERK OF CIRCUIT COURT SEMINOLE COUNTY PK t664E Pps 0823 - 827; (5pgs" CLERK'S # c> 070413664 RECORDED 04/04/2007 09:51:53 AM RECORDING FEES 44,00 RECORDED BY H DeVare FOR RECORDING DEPARTMENT USE ONLY FOURTH MODIFICATION OF DEVELOPER'S AGREEMENT THIS FOURTH MODIFICATION OF DEVELOPER'S AGREEMENT (the "Agreement") is made and executed this a'%t*j" day of MArtC4l , 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 VISTAWILLA 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 "Original 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 amended the Original Developer's Agreement pursuant to that certain First Modification of Developer's Agreement dated February 27, 2006 and recorded March 8, 2006 in Official Records Book 6151, Page 42 (the "First Modification"), and that certain Second Modification of Developer's Agreement dated June 12, 2006 and recorded June 27, 2006 in Official Records Book 6304, Page 36 (the "Second Modification"), and that certain Third Modification of Developer's Agreement dated December 18, 2006 and recorded January 19, 2007, in Official Records Book 6561, Page 0610 (the "Third 0082037\ 1 l 9619\ 1032365\ l Third Modification to Developer's Agreement City of Winter Springs and Vistawilla Office Center, LLC -I- "Third Modification"), all of the Public Records of Seminole County, Florida (the Original Developer's Agreement, the First Modification, the Second Modification and the Third Modification are hereinafter collectively referred to as the "Developer's Agreement"); and WHEREAS, Vistawilla has requested another amendment to the Developer's Agreement 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 Developer's Agreement as follows: 1. Recitals. CapitalizedTe.rms. 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. 2. Construction of Wall. The City and Vistawilla acknowledge that Section 2.1 of the Original Developer's Agreement requires the construction of a six (6) foot masonry wall along the rear of the Property to provide a buffer between the intended commercial use and the adjacent residential use. Vistawilla has submitted plans for a "Viking Wall System" as more particularly depicted and described on Exhibit "A" attached hereto and incorporated herein by this reference (the "Viking Wall"), and the City hereby acknowledges and agrees that the Viking Wall shall satisfy the requirements for the construction of a wall as set forth in Sections 2.1, 3.3 and 3.4 of the Agreement. Vistawilla shall be responsible for maintaining the entire wall in good condition. 3. Effect of Amendment. All other terms and conditions of the Developer's Agreement, not in conflict with this Amendment, shall remain in full force and effect. [SIGNATURE BLOCKS BEGIN ON NEXT PAGE] 0082037\ 119619\ 10323 65\ 1 Fourth Moditication 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. ATTEST By: �. Andrr -a orenzo-Luaces, City Clerk r CITY SEAj- TE OF FLORIDA NT,Y—OF SEMINOLE CITY OF WINTER SPRINGS By: 441J.-ec�r . U F. Bush, Mayor I APPROVED AS TO FORM AND LEGALITY For the use and reliance of the City of Winter Springs, Florida only. Date: 3 �� By: Anthony anese, City Attorney for the City of Winter Springs, Florida Personally, ap ed before me, the undersigned authority, John F. Bush and Andrea Lorenzo-Luaces, well known e to be the Mayor and City Clerk respectively, of the City of Winter Springs, Florida, and ackn d.ged before me that they executed the foregoing instrument on behalf of the City of Winter �as true act and deed, and that they were duly authorized to do so. Witness my hand and official seal this day of (NOTARY SEAL) 0082037\119619\1032365\1 Notary Public My commission expires: Fourth Modification to Developer's Agreement City of Winter Springs and Vistawilla Office Center, LLC -3- 2007. Signed, sealed and delivered in the presence of the following witnesses: y Signature of Witness Sc--pKE� s Printed Name of Witness 5igna r u W n s' Printed Name of Witness VISTAWILLA OFFICE CENTER, LLC, a Florida limited liability company By: Thomas J. .o -ery,. Presid Date: STATE OF COUNTY OF The foregoing instrument was acknowledged before me this ay of 'ct ; 2007, 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 identillicati n. !NOTARY SEAL` J {Kota P hf Sie a re] 1 1-1 660 KATHRYN L. WHITE 2 y�rr ComnoDD03S%61 (Print Name)• pp �:r.a,t�r�ooe Notary Public, State ofG�--�— &01°r4'r"'"0}`54� Commission No.: My Commission Expires: 0092037\119619\1032365\1 Fourth Modification to Developer's Agreement City of Winter Springs and Vistawilla Office Center, LLC -4- -s- :)Tl 'ialuaD 009.10 e1UMe1sin pue sBuudS ialwM jo,(1!D luawaal9y s,iadolanaQ of uopeaylPow ylinod .-a a Egg LB 9: is in T- i W91SSS HUM 2UPHA "Val .LIEIIHxa V 7-7 9- LL- Mv 1 \S9 £Z£01 \61961 I \L.£OZ800 I IN if 111111111111111111111111111111111111111111 it I Iiii THIS INSTRUMENT WAS PREPARED BY AND SHOULD BE RETURNED TO: Anthony Garganese City Attorney of Winter Springs Brown, Garganese, Weiss & D'Agresta, P.A. 55 E. Robinson St., Suite 660 220 Ortando, FL 32801 (407)425-9566 MARYMNE MORSE, CLERK OF CIRCUIT COURT SEMIWA1 COUNTY 8K 06858 Rgs 1286 — 1289; (4P8s) CLERK% S # 2007155599 RECORDED 11/02/2007 01:67:15 PM RECORDING FEES 4.50 RECORDED BY L McKinley FOR RECORDING DEPARTMENT USE ONLY FIFTH MODIFICATION OF DEVELOPER'S AGREEMENT THIS FIFTH MODIFICATION OF DEVELOPER'S AGREEMENT (the "Agreement") is made and executed this "day of October, 2007, by and between the CITY OF WINTER SPRINGS, a Florida Municipal Corporation (the "City"), whose address is 1126 East SR. 434, Winter - -- -- - ELC, a Florida WHEREAS, parties acknowledge that the University of Central Florida desires to create a hunirnnr amihntnr��rnarnm yrrifliin t'k'Q-Pit'Ir ^-CjALXLtnr %'nr+ Win. —I 3.0 Affect of Amendment. All other terms and conditions of the Developer's Agreement, not in conflict with this Amendment, 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. ATTEST: By: orenzo-Luaces, City Clerk o CITY SEAS w - Svc _ �'44444.•'•� STATE OF FLORIDA COUNTY OF SEMINOLE CITY TER SPRINGS � r By: %. M John F. Bush, M yor APPROVED AS TO FORM AND LEGALITY For the use and reliance of the City of Winter Springs, Florida only. Date: By: Anthony Garganese, 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 �V4 day of Q 4L-,-,-r , 2007. (NOTARY SEAL) r ..--. f Sax = p Notary public Slate of Florida Andrea Lorenzo-Luaces aF ° MY Commission DD664334 i= Ex Tres 05/0912011 '�ftifii3;'Public My commission expires: Fifth Modification to Developer's Agreement City of Winter Springs and Vistawilla Office Center, LLC -3- Signed, sealed and delivered in the presence of the following witnesses: r - Signalure of Wifiess Printed Name of Wifi s _ VISTAWILLA OFFICE CENTER, LLC, a Florida limited liability company By: Thomas J. C r ery, President ' 1 , �j NOW THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY RESOLVES, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are deemed true and correct and are hereby fully incorporated by this reference. Section 2. Approval of Lot Split. (a) Subject to the condition stated below, the City Commission hereby approves, pursuant to section 9-11 of the City Code, the division of the real property generally located along State Road 434 and adjacent to the Black Hammock Trailhead, and legally described in "Exhibit A," attached hereto and fully incorporated herein by this reference, into two (2) separate lots. Such lots are more particularly depicted and legally described on "Exhibit A" as Lot Split Parcel 1 and Lot Split Parcel 2. (b) As a condition of this Lot Split and any future development permit for the development of Lot Split Parcel 2, the Owner shall be required to prepare and record in the Official Records of Seminole County, Florida, a Declaration of Easements providing that Lot Split 1 and Lot Split 2 Parcels share access to certain sidewalks, driveway, parking spaces, stormwater piping and inlet and other utility facilities serving both parcels. Said easement shall be in a form acceptable to the City Engineer and City Attorney consistent with the Final Engineering Plans and other permits previously approved by the City for the existing office building located on Lot Split Parcel 1. A draft Easement shall be provided to the City for review and approval within thirty (30) days of the Effective Date of this Resolution and shall be recorded simultaneously with this Resolution at the Owner's expense. (c) Upon recordation of this Resolution and Declaration of Easements in the Official Public Records of Seminole County, Florida, said lots shall each be deemed a lot of record for development purposes pursuant to applicable law. Section 3. Repeal of Prior Inconsistent Resolutions. All prior inconsistent resolutions adopted by the City Commission, or parts of prior resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Resolution. Section 5. Instructions to Staff. Pursuant to section 9-11(b)(2) of the City Code, the City Attorney is hereby directed to record this Resolution in the Official Public Records of Seminole County, Florida at such time a fully executed and recordable Declaration of Easements has been City of Winter Springs Resolution No. 2015-26 Page 2 of 3 delivered to the City by the Owner. At such time, the Community Development Department is hereby directed to modify city maps and documents to reflect the lot split upon recordation of this Resolution. m — — — — — — — — — -- b1- 3 v°,rsrn ■■y +t� i� I P. rill 121 L—--------------- —J i tE. 5��jyN1N EXHIBIT A 19 3I Mm THIS INSTRUMENT WAS PREPARED BY AND SHOULD BE RETURNED TO: John D. Ruffier, Esquire Lowndes, Drosdick, Doster, Kantor & Reed, P.A. 215 North Eola Drive Orlando, FL 32801 (407)843-4600 rJAf:Y-Ah11gE r[ORSEr SE1111,10LE COUNTY CLERV, OF LIFC.OURl' & CONFTPt7LLER ILK 585 P35 ?? 7- ;O5 t 9F95l GLEFiY ' S 2015127' 0613 REIORDEU 11/18/201G?:40 :5n AV' LED DOC TAX $0, ill RECORDING FEES, V3-Q0 R.ECpIRDEID B-,'; hu _VQPe DECLARATION OF EASEMENTS THIS DECLARATION OF EASEMENTS (this "Declaration") is made as of the IV"� day of &j2Vzey'k b ' 2015, by VISTAWILLA OFFICE CENTER, LLC, a Florida limited liability company whose address is c/o Pinnacle Property Management, 1511 East SR 434, Suite 3001, Winter Springs, Florida 32708 ("Vistawilla"). WITNESSETH: WHEREAS, Vistawilla is the owner of fee simple title to a certain parcel of real property located in Seminole County, Florida as more particularly depicted in Exhibit A attached hereto and incorporated herein by this reference (the "Office Building Parcel"); and WHEREAS, Vistawilla is also the owner of fee simple title to a certain parcel of real property located in Seminole County, Florida as more particularly depicted in Exhibit B attached hereto and incorporated herein by this reference (the "Riture ALF Parcel", together with the Office Building Parcel, collectively the "Parcels"); and WHEREAS, The Office Building Parcel and Future ALF Parcel share access to certain sidewalks, driveways, parking spaces and stormwater piping and inlet and other utility facilities serving both Parcels; and WHEREAS, in order to facilitate the development of the Future ALF Parcel and the continued use of the Office Building Parcel now and for future owners, Vistawilla wishes to establish certain easements, rights and obligations as hereinafter set forth. NOW, THEREFORE, for and in consideration of the premises hereof, the sums of money to be paid hereunder, and the mutual and reciprocal obligations undertaken herein, the parties hereto do hereby covenant, stipulate and agree as follows: 1. Recitals. The foregoing recitals are true and correct and are incorporated herein by reference. 2. Establishment of Qtiliy Easements. Subject to the terms hereof, Vistawilla does hereby grant and establish a perpetual easement for the continued use of all existing drainage and utility facilities (i) for the benefit of the Office Building Parcel over and through those portions of the Future ALF Parcel and (ii) for the benefit of the Future ALF Parcel over and through those 0082037\1 6303 1\1 9929200 portions of the Office Building Parcel (the "Utility Easements"). The owner or owners of the Office Building Parcel and the Future ALF Parcel shall have a perpetual, non-exclusive right, license, privilege and easement of use and enjoyment in and to the Utility Easements to install, maintain, inspect and use underground electric and telephone lines, underground cables and conduits, stormwater facilities, sewers, water mains, pipes, telephone and electrical equipment, gas, cable television, drainage facilities, ditches or lines, or other utilities or services and for any other materials or services necessary or convenient for the completion, marketing, and use and enjoyment of their respective Parcels. The owner or owners of the Office Building Parcel and the Future ALF Parcel shall have a perpetual, non-exclusive right, license, privilege and easement of use and enjoyment in and to the Utility Easements, and such rights shall be appurtenant to and shall pass with the title to each such Parcel. Said rights shall include, but not be limited to, the rights and easements to connect with, maintain and make use of any utility facilities located within the Utility Easements and all components thereof, and to use and enjoy the Utility Easements for any purpose consistent with this Declaration. The owners of each Parcel shall also have the right and easement of ingress and egress over the other. Parcel for purposes of development and construction of facilities within the Utility Easements, as well as such other rights as may be reasonably necessary to complete in an orderly and economic manner the installation of utility facilities. Notwithstanding the foregoing, no exercise of any rights hereunder shall unreasonably or materially interfere with any Parcel owner's use of the Utility Easements or the use or operation of its Parcel. 3. Establishment of Ineress. E ress and Parkin Easements. Subject to the terms hereof, Vistawilla does hereby grant and establish a perpetual easement for the continued use of the existing parking spaces, sidewalks and driveways (i) for the benefit of the Office Building Parcel over any through those portions of the Future ALF Parcel as specifically identified on Exhibit C attached hereto and incorporated herein, and (ii) for the benefit of the Future ALF Parcel over any through those portions of the Office Building Parcel (the "In ress E ess and Parking Easements"). The owner or owners of the Office Building Parcel and the Future ALF Parcel and their respective guests and invitees shall have a perpetual, non-exclusive right, license, privilege and easement of pedestrian and vehicular ingress, egress and parking over any existing or future sidewalks, driveways and parking spaces now existing or developed in the future over either Parcel. Notwithstanding the foregoing, no exercise of any rights hereunder shall unreasonably or materially interfere with any Parcel owner's use of the sidewalks, driveways or parking spaces located on its Parcel or the use or operation of its Parcel. 4. Maintenance and Repair Obligations. Any party installing utilities within the Utility Easement or otherwise making use of the Utility easement shall be responsible for repairing and restoring the Utility Easement to the same condition as it previously existed prior to any construction. Should ownership of the Office Building Parcel and the Future ALF Parcel ever differ, then the owner of each such Parcel shall maintain and repair all surface and subsurface improvements located within their respective easement areas on their Parcels. All such maintenance shall be performed in good workmanlike manner and the easement must be maintained in a condition satisfactory for the uses contemplated herein. Each such Parcel owner shall keep the easement areas located within and upon its own Parcel in good repair free and clear of any obstructions and in accordance with the standard of maintenance followed in other similar developments in Seminole County, Florida. If either Parcel owner fails to maintain the easement area located on its respective Parcel in reasonably good repair and such condition 2 0082037\ 163031 \ 19929200 continues for thirty (30) days after receipt of written notice from the other party, the party giving such notice shall have the right to perform the necessary repairs and receive full reimbursement from the non -performing party for its share of the costs immediately upon presentation of evidence of payment reasonably satisfactory to the non -performing party, such as invoices or cancelled checks. If reimbursement is not made within fifteen (15) days after receipt of written demand therefore, such costs, together with the performing party's cost of collection, shall be due and payable from the non -performing party. 5. Reservation of Rights. It is expressly agreed and understood that the easements hereunder granted, together with all rights and privileges granted hereby, shall be nonexclusive and the parties hereto reserve for themselves and their successors in title the right to grant such other easements as they deem desirable over, under, upon and across their respective Parcels, provided that such other easements shall not unreasonably interfere with the rights under the easements granted hereby. 6. Covenants Running with the Land. The terms, benefits and burdens of this easement shall run with the Office Building Parcel and the Future ALF Parcel and shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. 7. No Third. Party Beneficiaries. No consent to the modification, from time to time, or termination of the provisions of this Declaration shall ever be required of any third party beneficiary who is not a party to this Declaration; nor shall any such third party have any right to enforce any of the provisions herein. Notwithstanding the preceding sentence, the parties hereto and their successors and assigns may permit the easements created hereunder to be used for their intended purposes by themselves, by all tenants, subtenants, licensees and guests and by the partners, officers, directors, employees, agents, contractors, customers, vendors, suppliers, visitors and invitees of any of the above and by any third party utility provider. 8. Amendment. This Declaration may be amended or terminated by, and only by, an instrument in writing executed by the owners of both the Office Building Parcel and the Future ALF Parcel, if different, or their respective successors in interest. 9. Attorneys' Fees. In the event it shall be necessary for any party to this Declaration to bring suit to enforce any provisions hereof, the prevailing party shall be entitled to recover from the non -prevailing party or parties, in addition to any damages or other relief granted as a result of such suit, all costs and expenses of such suit and reasonable attorneys' fees as set by the court. 10. No Waiver. No delay or omission in the exercise of any right or remedy accruing to either party upon any breach under this Declaration shall impair such right or remedy or be construed as a waiver of any other breach occurring before or after such breach. The waiver of any party of any breach of any term, covenant or condition in this Declaration stated shall not be deemed to be a waiver of any other breach, or of a subsequent breach of the same or any other term, covenant or condition herein contained. 3 0082037\163031\19929200 11. Governing LawNenue. This Declaration shall be construed under and in accordance with the laws of the State of Florida, and venue for its enforcement shall be in Seminole County, Florida. 12. Severability. If any provision in this Declaration is held to be invalid, illegal or unenforceable in any respect or the application of any provision is held to be invalid, illegal or unenforceable as to any person, fact, circumstance or situation, such invalidity, illegality or unenforceability shall not affect the remainder of such provision, any other provision hereof, or any permitted application. This Declaration shall be construed so as to be valid, legal, binding and enforceable to the fullest extent permitted by law, and as if this Declaration had never contained any such invalid, illegal or unenforceable provision. [signature appears on the followingpagel 4 0082037\ 163031 U 9929200 RECEIVED 11/13/2015 10:11 2766239051 THE UPS STORE Nov, 13, 2015 10:50AM Barnett, Bolt No, 8251 P. 6/9 fN WITNESS WHEREOF, V"istawilla has executed this Declaration as of the day and year first above written. VISTA.'WI LA. OFFICE CENTER,, LLC, a Flo "da limited liability company � )By: i David . McLeod, Manager STATE OF 1)7t ZZ;1111 COUNTY OF��,�� On this 13 day of ,l Y 6,) d r 2015, before mej L- �' `° `-), a notary public, personally appeared DAVID W. MCLEOD in his capacity as MANAGER of VISTAWILLA OFFICE CENTER, LLC, a Florida limited liability company, on behalf of the company. He [ ] is personally known to me or L ,,I has provided �'% s--•5 L� 0-' as idea' tiou, Witness my hand and official seal, (NOTARY SEAL) Ik111111111y1 {N Public ) ,,,�•���N L. FR ►., t Name: � A ataxy public, State ❑� ��t y.,� ¢R ��c� My Commission P'Xpires t 1 a-" == MY ri COMMISSION p NUMBER :■ ,7545012 : �Z ■ O ' IIIIIIIIIIIIIIk` 0082037115303111992920v3 EXHIBIT A LEGAL DESCRIPTION OF THE OFFICE BUILDING PARCEL A PORITON OF LOT 19, MAP OF THE PHILLIP R. YO CE GRANT, AS RECORDED RV PLAT BOOK 1, PAGES J5-38. PUBLIC RECORDS OF SEMfNO1.E COUNTY, F1G.Rr,?A LOCATED 1N SEC7TON 5 TOW90P 21 SOU714, RANGE J1 EAST, AND MORE PARTICULARLY DESCRIBE[] AS FOLLOWS. COMMENCE AT THE NORTHEAST CORNER A` VISTAWILLA O.RIW- AS RECORDED IN ALA. BOOK 47, PAGES 60-61, PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA; 7NEtXE RUN ThE FOLLO&KVC COURSES AND DISTANCES ALONG 771E EASTERLY RIGHT-OF-WAY LINE OF SAID WSFAWILLA ORIVx; THENCE 50027'36"W, A .OISTANCE OF 207J4 FEET; THENCE RUN S0670.16-W, A DfSTANCE OF J4.92 FEET TO THE NORTH LINE OF A 50 FOOT WIDE ACCESS AND UTILITY EASEMENT AS DESCRIBED IN OFRaAL RECORDS BOOK J424, PAGE 641 FOR A POINT OF BE&NNINC THENCE DEPARTING SAID RIGHT -OP -WAY LINE RJ,V SB9J5'48 E ALONG SAID NORTH LINE A DISTANCE OF 254.67 FEET FO THE EAST LINE OF A TRACT AS DESCR ED IN OFRCIAL RECORDS BOOK J424, PACE 641: 7TIENCE RUN N0070'J9 E AtONQ SAIO EASE LINE FOR A LIfSTANCE OF 243,0) FEET TO A PONY ON THE SOUTN RIGHT-W-WAY LINE OF STATE ROAD 434 PER .0FnQAL RECVROS BOOK 2001, PAGE T486; THENCE RUN ALONG SAID SOVV RIGHT-OF-WAY LINE THE FOLLOWNG THREE COURSES 589'4471 E FOR A 015TANCE OF 293.27 FEET- 7ifANCE RUN S00'14'J2'W FOR A DISTANCE OF 10.00 FEET 7HENa RUN S894921E FOR A DISTANCE OF 107.6J FEET THENCE DEPARTING SAID SOUTH MCNT-Of--WAY LIRE RUN SOOW R5"W FOQ A iXST4NC,E OF 294.56 FEET TO THE ,4ORT}! LINE O�' THOSE LANDS DESCRIBED IN U.;TJDAL RECORDS BOOK J424, PACE $51, 7r/ENLE RUN S89J5'46 F ALCWC SAID NORTH LINE FOR A DISTANCE OF 04.2T FEET TO A PLANT THE WEST LINE OF A 25 FOOT NOE PUBLIC UTILITY EASEMENT PER C)Pra'Al RECORDS BOOK J424, PACE 668 AND OFFICAL RECORDS BOOK 4029, PAGE J59. PUBLIC REMR05 OF SEMINOLE COUNTY, FLORIDA, THENCE RUN 50077J8" W ALONG SAID WEST LINF- A DISTANCE OF 151.04 FEET TO THE NORTH LINE OF EAGLES WATCH PHASE TWO AS RECORDED IN PLAT BOOK 50, PAGES 2[�-21 PUBLIC RECORDS OF- 5£MINOLE COUNTY, FLORIDA; THENCE RUN N89 J2`22"W ALONG SAID NORTH LINE FOP A DISTANCE OF 786.8I FEET 70 A POWF ON 7HE AFCR£MENAL7N D EASTERLY RIGHT-GF-WAY LINE OF VISTAWTLLA DRIVE, • SAID POW r BEING LdV A CURW.. CONCAVE WESTERLY, HAWNG A CENTRAL ANGLE OF G9�5026 AND A RADIUS OF` 790.00 FEET; THENCE DEPARTING SAID .NORTH LINE, FROM A TANGENT BEARING OF N10118'05'E, RUN PIORTHEASTERLY ALONG THE ARC OF SAID CURVE AND SAID RIGHT-C<F WAY LING A DISTANCE OF IJ5.68 FEET:' THENCE DEPARTING SAID CVRVE, RUN N0670'161� A DISTANCE OF 65.56 FEET TO THE POINT OF REONN+h'G. COVTAINING 5.750 ACRES MORE OR LESS. 0082037\163031\199292Ov3 EXHIBIT B LEGAL DESCRIPTION OF THE FUTURE ALF PARCEL A PORRON OF LOT 19, MAP OF THE PHILLIP R. YONGE GRANT AS RECORDED IN PLAT BD;1K 1, PAGES 35-36 PUBLIC RECORDS OF MWINOLE COUNTY, FLOR10A. AND A POR175V OF ' Cl?aV 5, TOWNSWIP 21 SOUTH. RANGE -TT EAST, AND A PORTION OF SAID SEC170N 5 BEING MORE PAR90ULA.RLY DESCRIBED AS FOLLOWS' COMMENCE AT THE NORMEAST CORNER OF NSTAKILLA DRIVE, AS RECORDED IN PLAT 300K 47, PAGES 60-6T, PUBLIC RECORDS OF SEMINOLE COUNTY, FLa41DA, THENCE ALONG ME SOUTH RIGHT-OF-WAY LINE OF STATE ROAD 434 AS RECORDED IN OFFICAL RECORDS BOOT( 23OI, PAGE T486 RUN TH_ FOLLOWNG THREE (J) COUSSEa S89-4971 E FOR A DISTANCE OF 53327 FEET; THENCE RUN S007039"W FOR OISTANCE Oc ?0.00 FEET; THENCE RUN 589-4921 rOR A DISIANa' CF f07,63 FEET T4 THE POINT OF 19 CONNING, THENCE CON77MIE ALONG SAID SOfITH RIGHT-CAF-WAY VIVF THE FOLLOMAIG T*O (2) COURSES RUN S8974921 E FOR A DISTANCE OF 4OL73 FEET: THENCE RUN S797878'E FOR A DISTANCE OF 20.20 FEET TO THE MEST RIGHT-OF-WAY VNE D.t BLACK HAMMOCK BRANCH SEABOARD COAST LINE RAILROAD, j70MCE DEPARRAIG SAID SOUTH RIGHT-OF-WAY LINE OF STATE ROAD 434 RUN 506:211M W ALaVG SAID AEST RIGHT-OF-WAY UNE FOR A DISTANCE OF 4J6.23 FEET TO THE NORTH LINE OF EAGLES WATCH PHASE TW17 AS RECORDED IN PLAT BOOK 50. PAGES 20-27 PUBLUC RECORDS OF SEMINOLE COUI4TY, FLORIDA; THENCE DEPARM& SAID WEST RIGHT-OF-WAY LINE RUN ALONG SAID NORTH LINE N89 f222"W FOR A DISTANCE OF 250,5J FEET TO A POINT THE KEST LINE OF A 25 FOOT *VE PUBIC U77LIFY EASEMENT PER OFiMAL RECORDS BOOK 3424, PACE 668 AND OMCAL PEC!270S BOOK 4029, PACE 359, PUBLIC RECORDS OF SE,l41A10LE COUNTY, FLORIDA TTIENCE RUN IV0027.i8"£ ALONG SATO $EST LINE. A 0I5TANCE OF T51.O4 FEET rO THE Na4TH U E OF LANDS DESf+" 80 IN OFFICIAL RECORDS BOOK 3424, PAGE 651; THENCE ALONG SAID NORTH LINE RUN N893548"W FOR A DISTANCE OF 124.21 FEET' THENCE DEPAR17NC SAID NORTH LINE RUN NOO'03105 E FOR A DISTANCE OF 284.56 FEET TO THE POINT OF BEGWMWG. CONTAINING 3.557 ACRES MORE OR LESS 0082037\163031\19929200 EXHIBIT C INGRESS EGRESS AND PARIUNG EASEMENT DESCRIPTION 0082037\163031\1992920v3 74 T L: 4- STATE ROAD 434 WAW WE AW-,V� Ul t f f- "21v I If EASEMENT FOR INGRESS, EGRESS AND PARKING EXHIBIT 0 So, loo, 200' E-SCALE: 1'=100' DAVE SCHMITT SKETCH OF M.Wmmr ENGNEEFUNG , mc, WSTAWL.LA ASSISTED UWAIS lossi ------- WINTER SPRfNe% FLORMA 111111114111111111111111111111111311111 THIS INSTRUMENT WAS PREPARED BY AND SHOULD BE RETURNED TO: Anthony Garganese City Attorney of Winter Springs Garganese, Weiss & D'Agresta, P.A. 111 N. Orange Avenue, Suite 2000 Orlando, FL 32802 (407)425-9566 MORSE? SC.NIF401_E COUF4T`r �_:I_ERK OF CIRCUIT COURT 's COMF'TROL.LEF: Bl' 52! * 5 F r CLERK I S tt 201 5127061 F:EL.ORGED 111/1�-S: •_15 04' N 2CORD114G FEE" d44 wiii! RECORDED E1 hdevol-a FOR RECORDING DEPARTMENT USE ONLY SIXTH MODIFICATION OF DEVELOPER'S AGREEMENT THIS SIXTH MODIFICATION OF DEVELOPER'S AGREEMENT (the "Agreement") is made and executed this P' day of November, 2015, 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 VISTAWILLA 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 "Original 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 amended the Original Developer's Agreement pursuant to that certain First Modification of Developer's Agreement dated February 27, 2006 and recorded March 8, 2006 in Official Records Book 6151, Page 42 (the "First Modification"), and that certain Second Modification of Developer's Agreement dated June 12, 2006 and recorded June 27, 2006 in Official Records Book 6304, Page 36 (the "Second Modification"), and that certain Third Modification of Developer's Agreement dated December 18, 2006 and recorded January 19, 2007, in Official Records Book 6561, Page 0610 (the "Third Modification"), and that certain Fourth Modification of Developer's Agreement dated March 27, 2007 and recorded April 4, 2007, in Official Records Book 6656, Page 0823 (the "Fourth Modification"), and that certain Fifth Modification of Developer's Agreement dated October 29, 2007, and recorded in Official Records Book 6858, Page 1286 (the "Fifth Modification"), all of the Public Records of Seminole County, Florida (the Original Developer's Agreement, the First Modification, the Second Sixth Modification to Developer's Agreement City of Winter Springs and Vistawilla Office Center,-LLC -1- Modification, the Third Modification, Fourth Modification and the Fifth Modification are hereinafter collectively referred to as the "Developer's Agreement"); and WHEREAS, the parties acknowledge that although Vistawilla obtained the City's approval of final engineering plans for the Phase I1 office building required by the Fifth Modification, Vistawilla was unable to commence construction and complete the Phase 11 office building; and WHEREAS, as a result of Vistawilla's failure to construct the Phase 11 office building, the terms and conditions of the Fifth Modification require Vistawilla to make payment to the City in the amount of $200,000; and WHEREAS, Vistawilla has recently applied for and received approval from the City Commission, by Resolution No. 2015-26, adopted on October 26, 2015, to split the Property into two separate developable lots legally described and defined under said Resolution and hereinafter referred to as "Lot Split Parcel 1" and "Lot Split Parcel 2;" and WHEREAS, Vistawilla now desires to market and sell Lot Split Parcel 2, which currently consists of vacant land, free and clear of the payment that is currently owed the City under the Fifth Modification; and WHEREAS, in furtherance this desire to sell Lot Split Parcel 2, Vistawilla has entered into that certain Purchase and Sale Contract, dated March 4, 2015, with Barrett Square Holdings, LLC. or its duly authorized assignees (hereinafter referred to as "Sales Contract"); and WHEREAS, in order to facilitate the sale of Lot Split Parcel 2 unencumbered by the terms and conditions of the aforesaid payment, Vistawilla has requested that the City Commission approve a modification of the terms and conditions of the Fifth Modification; and WHEREAS, Vistawilla and the City have agreed to amend the Fifth Modification/Developer's Agreement as specifically set forth hereunder. NOW THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties mutually agree to amend the Fifth Modification/Developer's Agreement as follows: 1.0 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 the terms defined in the recitals above shall have the meaning stated herein. 2.0 Paragraph 2.0, Phase II Development Schedule, of the Fifth Modification as set forth below is hereby deleted in its entirety: (Strikee type are deletions) 2.0 Phase ff Develerment Schedule Sixth Modification to Developer's Agreement City of Winter Springs and Vistawilla Office Center, LLC -2- _ i ■ i i i l i i Y_ ■ i i ■. i i i ■_WATITNWATA - - 3.0 Payment to the Cit . The parties agree to restate, modify and extend the repayment terms previously set forth in Paragraph 2.0 of the Fifth Modification as follows: 3.1 Unless otherwise provided by Paragraph 3.2 herein, Vistawilla shall pay the City Seventy -Five Thousand and No/100 Dollars ($75,000.00). Vistawilla shall pay the City the $75,000.00 at such time the Sales Contract closes. The closing statement for the Sales Contract shall reference this payment as a closing disbursement owed by Vistawilla in favor of the City. Payment shall be due at closing and be made by check made payable to the City of Winter Springs. Upon receipt of the check and verification that said funds have cleared, the City will file a Satisfaction of Payment in the Official Records of Seminole County, Florida evidencing that the Property is no longer encumbered by the payment required hereunder. Vistawilla agrees to keep the City Manager fully apprised of the closing date under the Sales Contract, and the City shall be permitted to attend the closing for purposes of receiving the check. 3.2 In the event closing on the Sales Contract does not occur and the Sales Contract expires or is terminated by either the buyer or seller, Vistawilla shall then be required to pay the City One Hundred Thousand and No/100 Dollars ($100,000.00). Payment shall be due at such time Vistawilla sells any portion of the Property (Lot Split Parcel 1 or 2) under the same payment terms and conditions set forth in Paragraph 3.1 above. Vistawilla agrees to keep the City Manager fully apprised of any future contracts for purchase and sale of the Property and related closing dates. 3.3 The aforementioned payment terms and conditions shall constitute a binding obligation running with the Property until full and complete payment is received by the City and a Satisfaction of Payment has been duly recorded as stated above. Sixth Modification to Developer's Agreement City of Winter Springs and Vistawilla Office Center, LLC -3- 4.0 List of Permitted Uses on Lot Split Parcel 2. The list of permitted uses for Lot Split Parcel 2 shall hereby include an assisted living facility (including memory care services), as that term is defined by Section 429.02, Florida Statutes. 5.0 Effect of Amendment. All other terms and conditions of the Developer's Agreement, not in conflict with this Amendment, shall remain in full force and effect. Nothing herein shall repeal or modify any existing easements or covenants affecting the Property or any applicable final engineering plans and permits previously approved by the City. IN WITNESS WHEREOF, the parties have hereunto set their hands and seal on the date first above written. ATTEST: By: Andrea renzo-Luaces, City Clerk CITY SEAL STATE OF FLORIDA COUNTY OF SEMINOLE CITY OF WINTER SPRINGS I Z F/75! AP7 APPROVED AS TO FORM AND LEGALITY For the use and reliance of the City of Winter Springs, Florida only. Date: ry By: Anthony G se, City Attorney for the City of Winter Springs, Florida Personally appeared before me, the undersigned authority, Charles Lacey 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 lb day of , 2015. (NOTARY SEAL) , COURTNEE C MARTIN ,.: ✓ Nc t , ".1110EXPIRES November 4; 2017 M ciaa�aon ryservrcE.co�„ r Sixth Modification to Developer's Agreement City of Winter Springs and Vistawilla Office Center, LLC -4- -" and delivered in the 7Z Tw -- L (i (T V Printed Name of Witness ADVV—�'� Signature of With 61y-7, ILLAr Printed Name of Witness STATE OF COUNTY OF - VISTAWILLA OFFICE CENTER, LLC, a Flori a Ii 'ted liability company �r By: David McLeod, Managing Member Date: 1� The foregoing instrument was acknowledged before me this day of 2015, by David McLeod, as Managing Member of VISTAWILLA OFFICE CENTER, LLC, a Florida limited liability cam any, on behalf of said company. He is personally known to me or produced L:z . f _ as identification. Z' h / (NOTAg,'r' 1t. L' �. ■ �� �/j �rrrr a . MY C� CaMMtssloN Q NUMBER = 7545012 : �Z o rrr�0+6*11441 t■i. (Vrint Name) Notary Public, State of Commission No.: `15L Sa0- My Commission Expires:7ZIV-1 31 L" 1 7 THE EFFECTIVE DATE OF THIS SIXTH MODIFICATION IS CONTINGENT UPON CITY COMMISSION RESOLUTION NO. 2015-26, ADOPTED ON OCTOBER 26, 2015 BECOMING EFFECTIVE AND RECORDED IN THE OFFICIAL RECORDS OF SEMINOLE COUNTY, FLORIDA. Sixth Modification to Developer's Agreement City of Winter Springs and Vistawilla Office Center, LLC -5- Return to: Anthony Garganese City Attorney of Winter Springs Garganese, Weiss & D'Agresta, P.A. 111 N. Orange Avenue, Suite 2000 Orlando, FL 32802 (407) 425-9566 MARYANNE NORSEr SEMINOLE COUNTY CLERK OF CIRCUIT COURT « COMPTROLLER LK 3654 Fa 59 (1P9s) CLERK'S T 2016029944 RECORDED 0.3/22/2016 U8.31y:1:' AN RECORDING FEES $I0.00 RECORDED BY hdevor e SATISFACTION OF PAYMENT KNOW ALL PEOPLE BY THESE PRESENTS: 1. That the City of Winter Springs, Florida ("City") and Vistawilla Office Center, LLC., a Florida limited liability company ("Owner") are parties to the Sixth Modification of Developer's Agreement, dated November 16, 2015 and filed in the office of the Clerk of Circuit Court of Seminole County, Florida, on November 18, 2015, in Official Records Book 8585, Page 406, Public Records of Seminole County, Florida ("Developer's Agreement"). 2. That the Developer's Agreement was recorded upon Property situated in Seminole County, Florida, with current Tax Parcel Identification Numbers of 31-20-31-5BB-0000-019F and 05-21-31-300-002C-0000, and legally described and referred to in the Developer's Agreement ("Property"). 3. Pursuant to Paragraph 3.0 of the Developer's Agreement, Owner was required to make payment in the amount of $75,000 to the City upon the conveyance of the real property described as Tax Parcel 05-21-31-300-002C-0000 to Vistawilla ALF, LLC, a Florida limited liability company. The City hereby acknowledges receipt of said payment from the Owner and the payment obligation set forth in Paragraph 3.0 is hereby deemed fully satisfied and surrendered as canceled, and the Clerk of the Circuit Court is hereby directed to cancel the same of record. M WITNESS my hand and seal this /y day of March, 2016. CITY OF WINTER SP IN LOR DA: By: evin L. Shuth. City Manager Print name: &V) e.- STATE OF FLORIDA COUNTY OF SEMINOLE The foregoing instrument was acknowledged before me this day of gol 2016, by KEVIN L. SMITH, City Manager of the City of Winter Springs ho is personally known to me and who did not take an oath Notary Putft State of Florida Andrea Lorenzo-Luaces My Cmiss FF 213019 NO PUBLIC om or F Expkes 05109=19