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HomeMy WebLinkAboutVistawilla Office Center, LLC 3rd ModificationIIIIIIIIIIII111II111fllllli11111IIIil111U111itlilll111I IIII 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: p~ Anthony Garganese I`-~ 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, GLERK OF CIRCUIT COURT SEMINOLE COUNTY BK 06561 Pgs 0610 - 615; (6pgs) CLERK'S # 2~rQt7Q:10Q146 RECORDED 01/19/2007 09:18:55 AM REGORDING FEES 52.50 RECORDED EY H DeUore FOR RECORDING DEPARTMENT USE ONLY THIRD MODIFICATION OF DEVELOPER'S AGREEMENT THIS THIRD MODIFICATION OF DEV ~ LOPER'S AGREEMENT (the "Agreement") is made and executed this ~ day of .a„~ .a,./ , 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'sAgreement 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 Landscaping. 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 Phasing. 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 Originai 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. CITY OF WINT `ER SPRINGS By: J F. Bush, Ma or ATTE r By: ~ Andre orenzo-Luaces, City Clerk APPROVED AS TO FORM AND LEGALITY t ~,; ~ : <~= • . ~ , ' ~ , For the use and reliance of the City of Winter Springs, ~~ ~.•„• ,~ ''~,e ~,r, r1 f~lorida only. '~J ~~TY~EAL, '"~ "e ~ i Date: f pp.• G ~~ ~. ~ ,.~ ~ y arganese, City Attorney for the '',~ ~~~,• ~...... • ;'~,~,° Ci of Winter S rin s, 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 , 2006. (NOTARY SEAL) 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 ce of the following witne es: ~~~~'' Signature of Witness Printed Name of Witness Si ature of Witn - ~.. , PrintPrl a P of Witnacc ~ ti {~~~.(~n r" ~ STATE OF ~(tGl~•/ COUNTY OF M-~C)1~ VISTAWILLA OFFICE CENTER, LLC, a Florida limited liability company By: Thomas J. Co ry, Presiden ~- rr ~- a Date: The foregoing instrument was acknowledged before me this ~`h"day of~G2 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 ~, ...».........s ~ ~' ~~ (Print Name) ~G~,~-~'11( N. (~~1'~ ~,~rooc3s~s, sv+~•~+r~ ° Notary Public, State of v n '~a-^ ~ ~e"°'°'""n°°~'ax-axsa~ CommissionNo.: 7j~p3559to1 ~..i~ M Commission Ex Tres: .- Third Modification to Developer's Agreement City of Winter Springs and Vistawilla Office Center, LLC Page 4 of 5 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 ~W. z N W - p p I '~D •£ ~o e ., W C~ V T~ '~ N o~ ~a x c ~ o ~ ~$ ~ O D »- ~ L U .3 U~ Q (~ t Na O ~ aN O N o. c .~ oy m ~° N ~ L ~~ C ~ 01 p~ h C 'p •O N H cW C c ~ N U ~° Oo W ~ U_ O~ Z~ I M M ~' 0 M ~ ~ x ~ g z ~ ~ n Z o ~ ~ ° ~o E ~ ~ -'~ Zd ~w S F O r0 f- "' 3a G ;~ JX ~z ~ d ~ V Q O~ ~ W ~~ J J g~ ~ V~1 N W a N 4 O 1 W ~ LL -~ u W J =1= KK~ ~ U Q~ I ~ O N J ~ J ?S J IL ~ a E3~ ~LL ~m ~ ~ ~ 3 L~~II III ~I E~ ~~ Z V F Y W E W ?a ~~ ~ LL im uEa ~~ ~y F ~ ~ oap~~ ~m E V 4 LL¢ ~ a L ^ ` W } ^, ^ J ^ W U L ~ o ~ a c • .~ ~ ~ ~e C U N ~ C Q O ~ ~ C p N N U ~ ~ U Q ~ .~ U O ~ O U N ~ ~ C ` ~ ' O U ~ O ~ O O ~ `- ~- ~ ~ ~ ~ O Z = E U U O~ 0 7 C U~~ O ~ ~ C ao ~ ~ C ~ Z O ~ ~ ~ E = 0 a ~~ c0} .~~ ~ U ~ Q ~ ~~'t ~ c ~ V~ N w ° /, Iv-L~ a~i~°-°'aE ~ °O~ m vi U ~"-~ m ~ O ~~~ o ~ N N ~,~M~sl~ v 3~~ II M M J Q U N J W ,0 v Z z O oe W 0 N Z Q H W O W OC U C rn vi °' •` ~~ o ~ L ~ Q d ~ ~ N ~ J J ~© w pw ZQ u.i O p o i i = i J Q ~ Q N Q ~ Q w O ~ Q a: ~ w Z ~ F- O U ~ w U ~ p Q U 0 J J 3 "-' Q H p J Z w otf LL O O ~ ~ 2 Z p w ~ w ~ Q d N w ~w W W U N ~ ~ o Z ~ w O _o O Q w h U ~ Q ~ U 6!I