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
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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'
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Second Modification to Developer's Agreement
City of Winter Springs and VistawillaOffice Center, LLC
- 4 -