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Home My WebLink AboutWest End Professional Center One 2nd Modification Binding Development AgreementIIINIININIIINNIN[uNN11N~N~NNININ~~iI1N Prepared by and Return to: Katherine W. Latorre, Esq. Winter Springs Assistant City Attorney Brown, Garganese, Weiss & D'Agresta, P.A. P.O. Box 2873 Orlando, FL 32802-2873 (407) 425-9566 MARYANNE MOR~t CLERK ~ CIRCUIT Ct1lHt7 SENINtri.E COUlMT'Y 8K 06549 Rgs 1636 - X6391 t4pgs) CLERK'S ~t ~C)C18C129776 REt~tDED 03/ 13iP008 11:58 a 57 RM REC~tDIhN3 FEES 35.50 RECt'RiDED BY T 5~ith SECOND MODIFICATION TO BINDING DEVELOPMENT AGREEMENT THIS SECOND MODIFICATION TO BINDING DEVELOPMENT AGREEMENT ("Second Modification"), dated February 11, 2008, is made by and between the CITY OF WINTER SPRINGS, a Florida Municipal Corporation ("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 ("WEPCO"), and CHRISTOPHER F. REGAN ("Regan"), whose address is 225 S. Orange Avenue, Suite 1401, Florida 32801 (collectively referred to herein as "Developer"). WITNESSETH: WHEREAS, Developer and City previously entered into a Binding Development Agreement, dated December 11, 2006 ("Agreement") recorded in Seminole County Official Record Book 6545, Page 1302, for the construction of an office park development; and WHEREAS, on January 8, 2007, Developer and City entered to a First Modification of Binding Development Agreement ("First Modification") recorded in Seminole County Official Record Book 6585, Page 126; and WHEREAS, the parties desire to further amend the Agreement as set forth in this Second Modification; and WHEREAS, the parties acknowledge and agree that all other terms and conditions of the Agreement and First Modification not expressly modified by this Second Modification shall remain in full force and effect. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties mutually agree as follows: Section 1. Recitals. The foregoing recitals are hereby incorporated herein by this reference and deemed a material part of this Second Modification. Section 2. Terms of Modification. The following sentence, which was added by the Second Modification to Binding Development Agreement Winter Springs /West End Professional Center One, LLP /Christopher F. Regan Page 1 of 4 First Modification to paragraph 5(D) of the Agreement, shall be deleted in its entirety and shall no longer be included in the terms of the Agreement and/or any modification thereto (the sentence to be deleted is set forth and stricken below for reference purposes only): Section 3. Recordation. This Second Modification shall be recorded in the public records of Seminole County, Florida, and shall run with the land. Section 4. Miscellaneous. All other provisions ofthe Agreement and First Modification not amended by this Second 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. Witnesses: By: ~ ! Print: KEvv~ 4.5.~,~Ti~ Prints r~~A~ L ~~r~c.Jr~. STATE OF FLORIDA COUNTY OF ,~Xn;i~Dl~> CITY: .,ewAa<+. ~ ~ t o . CITY OF WINTER SPRINGSs~ ;~~i~ ' ~,,. munici orporation • ^ ~ • w : ' ~, ~'~_ ~i ~~ '~ as By. • ~~~ ~ 'e n F. Bush, Mayotr~ -~; ,~~ :.' a -~ s ~~,•~ ~, , .~ The foregoing instrument was acknowledged before me this 2.2~'dday of -=C~'UGU'V~ , 2008, by John F. Bush, as Mayor of the City of Winter Springs, who is ~rsona y known to'e, or has produced the following identification: NOTARY PUBLIC, State of Florida ipu" °~ Notary Public State of Fbdda ~ ~ ~~~ Danielle Harker By. Print: ~ I ~1.~ ~~+ My Commission DDB63 'r _ 4/15/2011 371 My Commission Expires: _ I~ ~~ I Second Modification to Binding Development Agreement Winter Springs /West End Professional Center One, LLP /Christopher F. Regan Page 2 of 4 WEPCO: WEST END PROFESSIONAL CENTER ONE, LLP., P Florida limiter liability By: Print: Witnesses: Title: By: C~ L~2~.~ Print: ~i¢,p~i¢,QA ~. ~D,eF_E"' By: Print: ~ ~ o STATE OF FLORIDA COUNTY OF (),e~i1f~ /~ The foregoing instrument was ac~ wledged before me this ~~ day of F~8,2 URA ~ 2008, by ~y,~/SToPh~EA~"'/L~~ ~' ~I~~Ac P,4~rx! of WEST END PROFESSIONAL CENTER ONE, LLP, a Florida limited liability partnershi who is ersonally known tom or has produced the following identification: NOTARY PUBLIC, State of Flo ' a By: ~rJ~ Print: ~/ ~,~r¢,~I'~ G . ~-O~~'~ My Commission Expires: /~i ~o// •••••••• BARBARA L ~GOREE,••••••••~ ~.~,~~~ ~ Comma pDOg29922 ;~ ^~ E~AIros 4/f 1/2011 ~ ,annu ~• Fb-Ido N~- YAstn., k1C nn.^+rnw..n.•'~ ixraarre.n......u.nH Second Modification to Binding Development Agreement Winter Springs /West End Professional Center One, LLP /Christopher F. Regan Page 3 of 4 REGAN: Witnesses: By: ~GZ~i,~~ a Print: ~i4k'~3~~2A ~ . G o ~~G By: ~ ` Print: L /b( , C opher F. Re STATE OF FLORIDA COUNTY OF O,~i9 ~tJ ~ ~"~ The foregoing instrument was acknowledged before me this ~~~ day of ~E'6,Qy.Q,2 y, 2008, by CHRISTOPHER F. REGAN, who is a sona y own to , or has produced the following identification: NOTARY PUBLIC, State of F rids By: Print: `~,~,g,eq G. ~D~~~' My Commission Expires: y i/ ~ ~/ ........ BARBARA L •GpREE.........; e ~,~'~uR"A:~~ Comm#Dpp62gg22 _~~~ Fxplnes 4/11/2011 ~....:::",":~ Florida NotarYAssn.. Inc ...............r•.......u.......i Second Modification to Binding Development Agreement Winter Springs /West End Professional Center One, LLP /Christopher F. Regan Page 4 of 4 ~~' '~~ ., BROWN, GARGANESE, WEISS & D'AGREST~,~, ~?..~,.,;, ,t ~t.,t1,N~s OFFICh_ CAP (rii= CI IY C:LEFtK Attorneys at Lazv (' K. Debra S. Babb-Nutcher" Joseph E. Blitch Usher L. Brown' Suzanne D'Agresta" Anthony A. Garganese" William E. Reischmann, Jr. J.W. Taylor Jeffrey S. Weiss 'Board Certified Civil Trial Lawyer "Board Certified City, County & Local Government Law Board Certified Appellate Practice Offices in Orlando, Kissimmee, Cocoa, Ft. Lauderdale & Tampa Tara L. Barrett Vivian P. Cocotas Scott J. Dornstein Robin Gibson Drage Mitchell B. Haller Katherine W. Latorre Terri E. Oster Amy J. Pitsch Erin J. O'Leary' Catherine D. Reischmann Of Counsel March 24, 2008 Andrea Lorenzo-Luaces, City Clerk City of Winter Springs 1126 East State Road 434 Winter Springs, Florida 32708 Re: City of Winter Springs /West End Professional Center One, LLP Dear Andrea: Please find enclosed for safekeeping, the original fully executed Second Modification to Binding Development Agreement between the City of Winter Springs and West End Professional Center One, LLP. Should you have any questions, please do not hesitate to me. Very truly yours,-- .~~~ Jennette Farris Assistant to Anthony A. Garganese /jf Enclosure 225 East Robinson Street, Suite 660 • P.O. Box 2873 • Orlando, Florida 32802-2873 Orlando (407) 425-9566 Fax (407) 425-9596 • Kissimmee (321) 402-0144 • Cocoa (866) 425-9566 • Ft. Lauderdale (954) 670-1979 Website: www.orlandolaw.net • Email: firm@orlandolaw.net CITY OF WINTER SPRINGS, FLORIDA MMUTES CITY COMM[SS10N REGULAR MEETING -FEBRUARY l 1, 2008 PAGE 19 OF 26 REGULAR AGENDA REGULAR 600.1 Community Development Department Requests The City Commission Consider A Request From The Owners Of The West End Professional Center One To Further Modify The First Modification To The Binding Development Agreement For West End Professional Center One To Remove The Requirement For A Significant Sculpture Or Fountain In Exchange For Eliminating The Seat Walls On The Two Central Planters In Front Of The Building. Mr. Stevenson introduced this Agenda Item. Discussion followed on installing a fountain or sculpture. Much discussion. Mr. Bill Starmer, Starmer Ranaldi Planning and Architecture, Inc., 820 West Broadway Street, Suite 3000, Oviedo, Florida: addressed the City Commission. Further discussion. "I MAKE A MOTION THAT WE GO AHEAD AND APPROVE THE CERTIFICATE OF OCCUPANCY -WHATEVER IT IS THAT IS COMING UP NEXT, BUT APRE-CONDITION OF THIS IS THAT WITHIN TWO (2) YEARS THEY HAVE TO PUT IN A FOUNTAIN WHICH WOULD BE APPROVED BY THE CITY COMMISSION, I GUESS, BUT WOULD NOT BE - EXTRAORDINARY IN COST, IN OTHER WORDS, NOT SOMETHING BOUGHT AT THE HOME DEPOT." MOTION BY COMMISSIONER MILLER. MOTION DIED FOR LACK OF A SECOND. "MY MOTION WOULD BE THAT WE WITHIN TWO (2) YEARS ASK THE OWNER TO PUT IN EITHER A FOUNTAIN OR A SCULPTURE UPON APPROVAL OF THE COMMISSION." MOTION BY COMMISSIONER McGINNIS. MOTION DIED FOR LACK OF A SECOND. "MOTION TO APPROVE APPLICANT'S REQUEST." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER KREBS. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING -FEBRUARY 1 1, 2008 PAGE 20 OF 26 VOTE: COMMISSIONER I{REBS: AYE COMMISSIONER McGINNIS: NAY DEPUTY MAYOR GILMORE: AYE COMMISSIONER BROWN: AYE COMMISSIONER MILLER: NAY MOTION CARRIED. Attorney Garganese stated, "I have to go ahead and prepaze a termination of the First Modification of Agreement -that is the consequence of the Commission's decision tonight so I will prepare that for the Mayor's signature and we will Record it." Mayor Bush suggested, "Maybe they should sponsor an Event in the Town Center." Mr. Starmer said, "I will let them know your request." Mayor Bush mentioned, "It is my request, not the Commission's." REGULAR 600.2 Public Works Department Requests The City Commission Validate The Staff Recommendation Finding The West End Center Phase I Site To Be Built In Substantial Accordance With The Final Engineering Plans And To Accept The Potable Water And Sanitary Sewer Infrastructure For Ownership And Maintenance. Mr. Fields presented this Agenda Item. "MOVE FOR APPROVAL SUBJECT TO CONDITIONS." MOTION BY DEPUTY MAYOR GILMORE. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR GILMORE: AYE MOTION CARRIED. REGULAR 601. Not Used.