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HomeMy WebLinkAbout2003 06 09 Regular H JDC Modification Agreement 060903 _Regular_H_JDC _Modification_Agreement COMMISSION AGENDA ITEM H Consent Informational Public Hearing Regular X June 9, 2003 Meeting Mgr. /<-., / Dept. Authorization REQUEST: City Manager requesting the City Commission to approve a Second Modification Amendment to the Development Agreement with IDC Calhoun, Inc. regarding Building 1. PURPOSE: This agenda item is needed to memorialize the direction the Commission provided in the May 27, 2003 Commission Meeting related to Regular Agenda Item "A", and May 12, 2003 Regular Agenda Item "G", regarding Building I of the JDC Master Plan. CONSIDERATIONS: On May 27, 2003 the City Commission reviewed proposals from JDC Calhoun to modify the construction of Building 1 to provide for a two-story building without a requirement for an occupiable second floor and second story flooring system, and to allow the building to be developed as a speculative building. The City Commission agreed to allow the proposals as provided in the attached Second Modifi~ation Amendment to the Development Agreement with J.D.C. FUNDING: This agreement will reduce impact fees by approximately 50%. RECOMMENDATIONS: It is recommended that the City Commission review the Second Amendment to the Development Agreement and make any changes it deems necessary. A TT ACHMENTS: Second Modification Amendment COMMISSION ACTION: Prepared by and Return to: Anthony A. Garganese. City Attorney Brown. SaJ7.I1Uln, Weiss &, Gargancsc, P.A. Two LaIldmaik Center 225 East Robinson Street,. Suite 660 Post Office Box 2873 Orlando, Florid.a 32802-2873 (407) 425-9S6<.i SECOND MODIFICATION TO AGREEMENT This Second Modification of Agreement is made and entered into as of this _ day of June, 2003 by and between IDC CALHOUN, INC., a Georgia corporation, hereinafter referred to as "roc," and the CITY OF WINTER SPRINGS, a Florida municipal corporation existing under the laws ofthe State of Florida, hereinafter referred to as the "City." RECITALS: WHEREAS, roc and the City previously entered into that certain Agreement dated August l,2000;and WHEREAS, IDC and the City previously amended the Agreement by that certain First Modification of Agreement dated July 2,2001 (the Agreement and First Modification of Agreement shall be hereinafter referred to collectively as the" Agreement"); and WHEREAS, IDC and the City desire to modify the terms and provisions of such Agreement. NOW, THEREFORE, in consideration of the terms and conditions set forth in this Second Modification of Agreement, and other good and valuable consideration, the receipt of which is hereby acknowledged by the parties, the City and IDC agree to the fOllowing: 1.0. Section ill(t) of the Agreement is hereby amended as follows (underlil1eq type indicates additions and Strik:col1t type indicates deletions) : f) The City prefers that all buildings constructed on the IDC Property be two (2) to four (4) stories in height and that each story be suita.ble for occupancy. To that end, IDC and City agree the-drugstore anc;oor (or other use as contemplated herein) on the corner of !\.l3,m Street ll:l'1d StAte ROAd 434 and the buildings located along Main Street shall be a minimum of two (2) stories as defined in Section 20-1 of the CitX zoning ordinance with second and higher stories suitable fOf occupancy in the initial !nate of construction other than second and higher story interior finishes. Specifically. the second and higher stories shall have a floor and ceiling and the electrical. plumbing. HV AC. and fire sprinklers (ifreauirc{J). Other interior systems shall be sized and ..stubbed out" to accommodate occupan~ on such stories, In addition. the flooring of the second and higher stories shall be a slab or n1Y)Vood sub-floor Page 1 of 4 and the particular finished flooring materials (such as calpet. tile. or finished wood) and the interior wall material (such as drvwall) shall be completed as part of the tenant finish work at a later date so that the space will meet the needs ofthe..,parricular tenant. but the sec;ond and higher ~tOri"3 1M' consist of a: shell story consisti,"l$ of finished exterior waH~, roof, windows, and otbGI 3tl2f4CU and Ail yt'&Il;i)I,~ ;'Jt...~;o,. However. Building One located on the corner of Main Street and State Road 434 may be constructed ~j;hout an occupied second story and second story flooring system Pl:':oJciped that the following conditions are satisfied: II ~uilding One_J;hall be a two-story building in heigbt and constructed in accordance with the elevations Dreviously approved by the City Commission~ 1} The structural. electrical. mechanical. air conditioning. plumbin~. fire defense. . elevator and other building sy.stems shall be constructed to satisfY all code requirements for the initial 'Phase of the Building One construction. and modifiable to accommodate an occuDied second floor. if an" when a second floor may be desired for Building One. ;u Real transparent operable window systems shall be installed for the first and second stories of Buildin~ One in the initial phase of construction in accordance with the building elevations previously 81',RfOVed bv the City Commission, ~ All internal wall sy,stems shall be at lea..c;t ~o hour fire rated walls. ~ Building One shall be constructed as a speculative building requiring a certificate of completion issued by the City which shall indicate completion of the building shell in accordance with all..pJans and codes prior to occupancy. Q} Certificates of occupan~ for Building One will be issued only to tenant soaces which ate constructed in accordance with the provisions of this Ag(eement and all appli.cable plans and codes. Building pennits and certificate of occupancies shall t2e independently issued for each tenant space, AM shell stories shall b~ dG~l$1'led a:nd enginecrc.d so ~ to accofiiiHOaJl.tG occupanGy at li later date:- The City agrees that all other buildings on the IDe Property may be one (1) story occupancy buildings provided that IDC constructs the buildings to a height of at least two (2) stories in order to achieve the vertical character aod scale required by the 'rown Center District Code. IDe agrees that such one story occupancy buildings will incorporate a parapet wall, which the City hereby deems acceptable. or other architectural feature suitable to the City that visually make the buildings appear to be at least two (2) story buildings on aU sides. . However, nothing contained in this paragraph shall prohibit roc from constructing full occupancy buildings of two (2) to four (4) stories, where not otherwise required by this Page 2 of 4 Agreement, if IDC determines that market conditions would allow such construction, 2.0 It is acknowledged that a drug store anchor is not required to be located in Building One. Building One may be occupied with any of the uses permitted under the Town Center District Code. 3.0, All other provisions contained in the Agreement which are not amended by this Second Modification shall remain unchanged and shall continue to be in full force and effect. WITNESSES; roc CALHOUN, INC. a Georgia corporation By: Shane Doran, Vice President Print Name: Print Name; STATE OF SOUlH CAROLINA COUNTY OF CHARLESTON The foregoing instrument was acknowledged before me this _ day of June, 2003 by Shane Doran, Vice President of IDC Calhoun, Inc., a Georgia corporation, who executed the foregoing instrument and acknowledged before me that be executed the same for the uses and purposes therein expressed and who is personally known to me or who has. produced as identification and who did not take an oath. Notary Public Signature Page 3 or 4 ATTEST: CITY OF WINTER SPRINGS a Florida municipal corporation Andrea Lorenzo-Luaccs. City Cler:k John F. Bush. Mayor Page 4 of 4 Date: 060903 The following was provided to the City Commission during the discussion of Regular Item "H" on 06/09/03. -c. JUN. 9. 2003 4: 54PM GREENBERG NO. 050 P. 2/7 ~ ~. I,. , ~~ff~~[~~ A T TOR N E Y SAT LAW I~~~~I~ Memorandum To Anthony Garganese, Esq. Cc Ron McLemore From Charles C. Carrington Date June 9, 2003 Re Proposed Second Modification of Agreement I am attaching a copy of your chaft Second Modification which is marked up to show IDe's comments. I received your draft of the Second Modification at 11:30 a.m. today and Shane reviewed it and provided me these comments by 3:00 p.m. However, even though I have made good progress at my end, it may not be possible for you, Ron and me to fully communicate on these comments prior to the hearing. Fortunately, you did a good job with the dtaft and it appears we are very close. We feel the limited conunents we have made are minor in nature and in keeping with what was agreed to at the last hearing. For your convenience, I have numbered each comment/change in the margin. Comment 1 is self-explanatory. Comment 2 relates to the fact that Shane only agreed to this with respect to the second story, not third and higher stories, if any. At the present time, Shane has no obligation to do any stories higher than the second story. At the present time, market conditions do not allow additional stories and Shane is not planning third or higher levels. It would seem that if market conditions change such that Shane can consider doing third or higher stories, the last thing the City and IDC would want to do is to create a disincentive by requiring that those stories be finished to the same level as the second level. If it becomes remotely possible to do third or higher stories it would seem that everyone would be pleased and shelling out such levels per the original agreement would be fine. Comment 3 is very important. Shane is certainly in agreement that the second story must have a floor and a ceiling, but the electrical, plumbing, HV AC, fire sprinklers (if required) and \\orl-srvOl \23531 0v01 \6,19/03'150129 .01 0700 ~.,. .". ",. .p JUN. 9. 2003 4 :54PM NO. 050 p, 3/7 GREENBERG ->4 I other interior systems must be sized and stubbed to accommodate occupancy of the second story. The placement of electrical outlets, plumbing fixtures and the configuration of the Ale and fire sprinklers (if required) will depend upon the tenants' needs as to the placement of interior walls, proposed uses and other tenant specifications. Comments 4 and 5 are the same as above. Conunents 6 and 7 are self-explanatory. This is more of a drafting comment. Comment 8 relates to issues of ownership and operation. It is not custOmary for windows in office environments to be operable. The problem is that as the owner you do not want tenants opening windows and thereby creating power use and maintenance issues. This is standard in the industry. . Comment 9 is selfMexplanatory. Comment 10 is self-explanatory. A copy of subsection ill (c) is attached for your convenient reference. Again, we do not anticipate that these comments will present a problem. I plan to be there tonight. However, I do understand there is a heavy agenda. Since this is pretty straightforward, I may not stay the entire time. I do not have authority for changes beyond what is reflected here, anyway. In that event, I request that you or Ron read this memo into the record. We feel we have kept the comments to a bare minimum and that the comments we have made are minor. Each of the comments are very important to IDe or we would not have made them - we need this approved tonight so that we can get started. Thank you.