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HomeMy WebLinkAboutStandard Pacific of Florida First Modification of Developer's Agreement (Tuskawilla Crossings) 2018 08 13Grant Maloy, Clerk Of The Circuit Court & Comptroller Seminole County, FL Inst #2018122130 Book:9237 Page:961-964; (4 PAGES) RCD: 10/23/2018 2:16:58 PM REC FEE $35.50 THIS INSTRUMENT WAS PREPARED BY AND SHOULD BE RETURNED TO: Anthony A. Garganese City Attorney of Winter Springs Garganese, Weiss, D'Agresta & Salzman, PA 111 N. Orange Avenue, Suite 2000 Orlando, F132802 (407)425-9566 CITY OF WINTER SPRINGS FIRST MODIFICATION OF DEVELOPER'S AGREEMENT THIS FIRST MODIFICATION OF DEVELOPER'S AGREEMENT (this "First Modification") is made this f- l day of August, 2018, to that Developer's Agreement made and entered into on April 24, 2017 between the City of Winter Springs ("CITY"), a Florida municipal corporation, whose address is 1126 East S.R. 434, Winter Springs, FL 32708, and STANDARD PACIFIC OF FLORIDA ("DEVELOPER"), a Florida general partnership, whose address is 444 West New England Avenue, Suite 220, Winter Park, Florida 32789. RECITALS: A. DEVELOPER and CITY previously entered into that certain Developer's Agreement, dated April 24, 2017, which was recorded in Official Record Book 8939, Pages 457-71, of the Public Records of Seminole County, Florida. B. In accordance with Section 9.0 of the Developer's Agreement, the Property currently designated as PUD zoning as outlined in Exhibit "C" to the Annexation Agreement shall be subject to theTown Center T3 transect zoning requirements of the City's Code, except where noted or shown otherwise on the Final Engineering Plans or the Developer's Agreement. C. In Section 13.0(c) of the Developer's Agreement, the CITY agreed that certain numbered lots would be permitted to have maximum lot depths not to exceed two - hundred fifteen (215) feet, even though the T3 transect zoning provides that lot depths shall not exceed one hundred seventy-five (175) feet. D. The CITY agrees to amend Section 13.0(c) of the Developer's Agreement through this First Modification to allow for additional lots to exceed the maximum lot depth of the T3 transect. NOW THEREFORE, in consideration of the terms and conditions set forth in this First Modification, the CITY and OWNER agree as follows: Book 9237 Page 962 Instrument# 2018122130 INCORPORATION OF RECITALS. The foregoing recitals are true and correct and are fully incorporated herein by reference as a material part of this Agreement. 2. AMENDMENT TO SECTION 13.0(C). Section 13.0(c) of the Developer's Agreement is hereby amended as follows: T3 Zonin2 Lot Depths. The CITY's Code for Town Center T3 transect zoning provides that lot depths shall not exceed one hundred seventy five (175) feet. The CITY agrees that lots 27, 28 and 29 as depicted on EXHIBIT "D" attached to the Agreement and lots 134, 135, 230 and 231 as depicted on EXHIBIT "E" attached hereto to this First Modification and incorporated herein shall be permitted to have maximum lot depths not to exceed two hundred sixty-five (265) feet. OTHER TERMS. All other terms and conditions in the Developer's Agreement not modified by this First Modification shall remain in full force and effect. IN WITNESS WHEREOF, DEVELOPER and the CITY have executed this Agreement in form sufficient to bind them as of the Effective Date. ATTEST: By: And orenzo Luaces, City Clerk ^� UITVSEAL n. vU 1.,•`\\\\\\\mob~ N CITY OF WINTER SPRINGS By: Charles Lacey, Mayor APPROVED AS TO FORM AND LEGALITY For the use and reliance of the City of Winter Springs, Florida, only. Dated: By: Anthony Garganese, City Attorney for the City of Winter Springs, Florida Signed, sealed and delivered in the presence of the following witnesses: nS' ature of Witnes�. Printed Name of itness Signature of tness Printed Name of Witness STATE OF COUNTY OF Book 9237 Page 963 Instrument# 2018122130 STANDARD PACIFIC OF FLORA; a Florida general partnership _---�7 Date: President Atn Theforegoing>nstrument was acknowledged before me this 2--[ day of 54 , 2018, y y�\& �se`�G2Y as QC 25� � of STANDARD PACIFIC OF FLORIDA, a Florida general partnership, on behalf of said partnership. He is personall�_known to me or produced as identification. (NOTARY SEAL) Ei A D. MOUSSALLI mmission # FF 220742 ires August 14, 2019 ed Tlw Troy Fain Inuzenu 0003857010 Public Signature) :taqkc( `v til. (Print Name) Notary Public, State of o� Commission No.:FF 7—Zx7-IL�Z My Commission Expires: k4 1 �t Book 9237 Page 964 Instrument# 2018122130 EXHIBIT E Lots 134, 135, 230 and 231 G11IC:cj\� 6h�h20�//�.U.EO \� as'o. 0.. R\\ C'POND, TRACT s. 6 5 / 132 5._00' 10:00' \ L2aa a� v j ' 06 D'E. (TY/P. J33 134 \ 1 h / , 1, yp.�h / g80',5 \\ 18 1 /\ 178:31'NR---gin fast o ��.� I Naa��a•4s••, LQ O S'.3s \ 1.35 Y501- 136