HomeMy WebLinkAboutReeco Properties, LLLP - Nursery Road First Modification of Developers Agreement 2016 07 30 ., NH ff
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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
FOR RECORDING DEPARTMENT USE ONLY
FIRST MODIFICATION OF
DEVELOPER'S AGREEMENT
THIS FIRST MODIFICATION OF DEVELOPER'S AGREEMENT (the "First
Modification") is made and executed this 30"� day of July, 2016, 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 REECO PROPERTIES, LLLP, a Florida
limited partnership ("Developer"), whose address is 1080 Nursery Road, Winter Springs, FL
32708.
WITNESSETH:
WHEREAS, this First Modification Agreement is related to certain real property located
in Seminole County, Florida, with a property address of 1080 Nursery Road, Winter Springs,
Florida and a tax parcel identification number of 33-20-30-513-OD00-0010 and 33-20-30-513-
ODOO-0120, and more particularly legally described as:
Lots 1 and 12 of Block D. Talmo Subdivision,Plat Book 9, Page 10
(the "Property"); and
WHEREAS, this First Modification modifies the terms and conditions of that certain
Developer's Agreement between the parties, dated February 24, 2016, which is recorded in the
Official Records of Seminole County, Florida at Book 1906,Pages 1906-1911.
NOW THEREFORE, in consideration of the mutual promises and covenants contained
herein,the parties mutually agree as follows:
1.0 Recitals; Effective Date. The foregoing recitals are true and correct and are
hereby incorporated herein by this reference. The Effective Date of this First Modification shall
be the date on which the last party hereto timely and fully executes this First Modification
("Effective Date").
First Modification of Developer's Agreement
City of Winter Springs and REECO Properties,LLLP.
Page I of 3
2.0 Authority. This Agreement is entered into pursuant to the Florida Municipal
Home Rule Powers Act.
3.0 Modification of Paragraph 3. C of the Agreement. Paragraph 3. C of the
Agreement is hereby modified to read as follows:
C. In conjunction with the construction of any building on the Property, the
Developer shall construct a concrete block screen wall or opaque fence along the entire southern
boundary of the Property. Said wall or fence shall be subject to City permit approval in
accordance with applicable City Codes. However, the wall or fence shall be required to be eight
(8 ft) feet in height and shall be reviewed by the City for compliance with the Minimum
Community Appearance and Aesthetic Review Standards.
4.0 Existing Terms of Agreement. All other terms and conditions set forth in
the Agreement not modified by this First 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.
CITY OF WINTER SPRINGS
�fY
2
By:
Ch es acey,Mayor x
ATTEST "
By'
"rea Lorenzo Luaces, City Clerk
APPROVED AS TO FORM AND LEGALITY
For the use and reliance of the City of Winter Springs,
141,0 '', Florida only./
CI SEAL Date:
,•` By: At�
. ° Anthony A. Garganese, City Attorney for
the City of Winter Springs, Florida
First Modification of Developer's Agreement
City of Winter Springs and REECO Properties,LLLP.
Page 2 of 3
Signed, sealed and delivered in the REECO PROPERTIES,LLLP, a Florida limited
presence of the following witnesses: partnership
E - I By:
Signature of Witness Print name/title:
Printed Name of Witness
Date
{
Sign a of Witn re s
°
Printed Name of Witness
STATE OF
COUNTY OF
6
The foregoing instrument was acknowledged before me this .x day of
2016, .x of REECO PROPERTIES, LLLP, a Florida limited
partne hip, on behalf of said company. He is personally known to me or produced
as identif��ction.
(NOTARY SEAL)
(N lic Signature q
ANGEL BAEZ CAMACHO (Print N e)
a °• N*tary Public•state of Florida Notary Public, State of
:®
Commiasion FFz1 0 Commission No.: f
COMM.E e:May 9,2019
Bonded through NationalNetary AM My Commission Expires: t '
DEVELOPER IS HEREBY ADVISED THAT SHOULD DEVELOPER FAIL TO
FULLY EXECUTE, AND DELIVER TO THE CITY, THIS FIRST MODIFICATION
WITHIN THIRTY (30) DAYS FROM THE DATE THAT THE CITY COMMISSION
APPROVES THIS FIRST MODIFICATION, THIS FIRST MODIFICATION SHALL
AUTOMATICALLY BE DEEMED NULL AND VOID.
First Modification of Developer's Agreement
City of Winter Springs and REECO Properties,LLLP.
Page 3 of 3