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HomeMy WebLinkAboutMattamy Orlando LLC. - Second Modification to Development Agreement (Hickory Grove) 2023 11 23Grant Maloy, Clerk Of The Circuit Court & Comptroller Seminole County, FL Inst #2023111365 Book:10548 Page:1734-1740; (7 PAGES) RCD: 12/7/2023 9:58:45 AM REC FEE $61.00 THIS INSTRUMENT WAS PREPARED BY AND SHOULD BE RETURNED TO: Anthony A. Garganese City Attorney of Winter Springs Garganese, Weiss, D'Agresta & Salzman, P.A. 111 N. Orange Avenue, Suite 2000 Orlando, FL 32802 (407)425-9566 SECOND MODIFICATION DEVELOPMENT AGREEMENT Hickory Grove Townhomes THIS SECOND MODIFICATION TO DEVELOPMENT AGREEMENT ("Second Modification") is made and executed this AAJ day of ovd-%�tl , 2023, 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 MATTAMY ORLANDO LLC, a Florida limited liability company, as successor in title to JUANITA D. BLUMBERG, as Trustee of the Juanita D. Blumberg Revocable Trust dated May 3, 2004 ("Developer"), whose address is 2450 Maitland Center PKWY, #300, Maitland, Florida 32751. WITNESSETH: WHEREAS, Developer is the current owner of approximately 12.3 acres, more or less, of real property located in the Winter Springs Town Center, T4 Transect, generally north of Blumberg Boulevard and bounded by Tuskawilla Road and Bear Springs Drive, Winter Springs, Seminole Comity, Florida, as more particularly described in EXHIBIT A attached hereto and incorporated by this reference herein (the "Property"); and WHEREAS, Developer's predecessor in title entered into a Development Agreement with the City, dated June 27, 2022 and recorded at Seminole County Official Record Book 10270, Pg. 223-239 (17 Pgs.) ("Development Agreement"), in order to construct townhome unit subdivision on the Property with a maximum of 132 units ("Developer's Project"); and WHEREAS, the Development Agreement was modified by that certain First Modification Development Agreement Hickory Grove Townhomes dated March 2, 2023 and recorded at Seminole County Official Record Book 10402, Page 562-572 (11 pgs.) ("First Modification"); and Book 10548 Page 1735 Instrument# 2023111365 WHEREAS, the Development Agreement provided, among other things, that Developer would install a reclaim water line connecting Bear Springs Drive to Tuskawilla Road and extending to the eastern edge of the Tuskawilla Road right-of-way to allow for future connection and reclaimed system expansion; and WHEREAS, subsequent to the recording of the First Modification the Parties determined that it would be better to have Developer install the contemplated reclaim water line in an area immediately north of Blumberg Boulevard, as generally depicted on EXHIBIT B attached hereto and incorporated by this reference herein; and WHEREAS, the sole intent and purpose of this Second Modification is to modify the Development Agreement to provide that the Developer shall construct the reclaimed water line as generally depicted on EXHIBIT B instead of in the location along Bear Springs Drive as previously agreed and approved; and WHEREAS, this Second Modification to Development Agreement shall be recorded against the Property so that the terms and conditions of approval related to the Project shall run with the land; and NOW THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties mutually agree as follows: 1.0 Recitals. The foregoing recitals are true and correct and are hereby incorporated herein by this reference. 2.0 Authority. This Agreement is entered into pursuant to the Florida Municipal Home Rule Powers Act. 3.0 The Property. The Property has a tax parcel identification number of 26-20-30- 5AR-OBOO-028E and a current address of 141 Bear Springs Drive in Winter Springs. 4.0 Modification of the Specific Conditions of Approval - Section 6 (L). Section 6.0 (L) of the Development Agreement is hereby amended in its entirety as follows: L. Developer, at Developer's expense, shall construct an 8-inch (outer diameter) HDPE reclaimed water line which shall connect to an existing 6-inch (interior diameter) reclaimed water line located north of Blumberg Boulevard and east of Bear Springs Drive, and then continue eastward along the northern edge of Blumberg Boulevard to a point where it shall connect to a valve within the Developer's Project, all as generally depicted on EXHIBIT B, attached hereto. This reclaimed water main is to be dedicated to the City of Winter Springs. 5.0 Effective Date. This Second Modification to Development Agreement shall become effective upon approval by the City Commission and execution of this Second Modification by both parties hereto. 2 Book 10548 Page 1736 Instrument# 2023111365 6.0 Recordation. Upon full execution by the Parties, this Second Modification shall be recorded in the Public Records of Seminole County, Florida by the City. The Developer shall be responsible for all recording fees associated with this Second Modification. 7.0 Other Terms. All other provisions of the Development Agreement and First Modification not modified by this Second Modification shall remain in full force and effect. In the event of any conflict or ambiguity between the terms of the Development Agreement and this Second Modification, this Second Modification shall control. IN WITNESS WHEREOF, the parties have hereunto set their hands and seal on the date first above written. CITY OF WINTER SPRINGS By: �' F Kevin McCann, Mayor Date: It_ ATTEST- F` �P By , f Christian Gowan, City Clerk CITY SEAL •�� ClrJ.©.� •a`ti�'l� 1NV �' �. 0 : � rn P tj , w, 11D A APPROVED AS TO FORM AND LEGALITY For the use and reliance of the City of Winter Springs, Florida only. Date: / 1 By: � -� Anthony A. Garganese, City Attorney for the City of Winter Springs, Florida 3 Book 10548 Page 1737 Instrument# 2023111365 Signed ai sealed in the presence of - Print Name: 1aw�cvC�vu� Print Name: STATE OF FLORIDA SS: COUNTY OF ORANGE MATTAMY ORLANDO LLC, a Delaware limited liability compaanny, By: Printed Nat e: 1G r Title: ArtAts°&xo- Date: ojZZ j-& The foregoing instrument was sworn to, subscribed and acknowledged before me this day of 2023 by K V j 61FB41 SKI as t t �% 0-T of Mattamy Orlando LLC, a Delaware limited liability company, n behalf of the company. Tpey appeared before me by means of: [ ] online notarization, or [V] physical presence and is [V ] personally lalown to me, or [ ] has produced as identification. --Tra)G'7 (Signature of No ry Public Print Name: �i'1 � � r-e Notary Public, State of Florida Commission No.: 11 I My Commission Expires: 2.( O 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, AND THE MODIFICATIONS REFERENCED HEREUNDER, SHALL AUTOMATICALLY BE DEEMED NULL AND VOID. Book 10548 Page 1738 Instrument# 2023111365 EXHIBIT A PROPERTY LEGAL DESCRIPTION A PORTION OF THE FOLLOWING: A PORTION OF LOTS 28,29 AND 30, D.R. MITCHELL'S SURVEY OF THE LEVY GRANT ON LAKE JESSUP AS PER PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 5 OF THE PUBIC RECORDS OF SEMINOLE COUNTY, FLORIDA; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF LOT 28, D.R. MITCHELL'S SURVEY OF THE LEVY GRANT ON LAKE JESSUP AS PER PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 5 OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA AND RUN SOUTH 71024'38" EAST ALONG THE NORTH LINE OF SAID LOTS 28 AND 29 AND THE SOUTH RIGHT OF WAY LINE OF SECOND STREET FOR A DISTANCE OF 333.41 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 71°24'38" EAST ALONG SAID LINE FOR A DISTANCE OF 533.01 FEET TO A POINT ON A CURVE CONCAVE SOUTHWESTERLY HAVING TANGENT BEARING OF SOUTH 85037'28" EAST AND A RADIUS OF 358.00 FEET; THENCE DEPARTING SAID NORTH LINE OF LOTS 28 AND 29 AND THE SOUTH RIGHT OF WAY LINE OF SECOND STREET AND RUN SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 39008'43" FOR A DISTANCE OF 244.59 FEET TO THE POINT OF TANGENCY; THENCE RUN SOUTH 28°28'45" EAST, A DISTANCE OF 237.47 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 142.00 FEET AND A CENTRAL ANGLE OF 45°00'00"; THENCE RUN SOUTHEASTERLY ALONG THE ARC OF SAID CURVE FOR A DISTANCE OF 111.53 FEET TO THE POINT OF TANGENCY; THENCE RUN SOUTH 71 °28'45" EAST, A DISTANCE OF 253.56 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 82.00 FEET; THENCE RUN SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 12029'09" FOR A DISTANCE OF 17.87 FEET TO THE POINT OF TANGENCY; THENCE RUN SOUTH 59055'05" EAST, A DISTANCE OF 40.83 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 30.00 FEET; THENCE RUN SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 90000'00" FOR A DISTANCE OF 47.12 FEET TO THE POINT OF TANGENCY; THENCE RUN SOUTH 30°04'55" WEST ALONG THE WESTERLY RIGHT OF WAY LINE OF TUSKAWILLA ROAD (FORMERLY BRANTLEY AVENUE) FOR A DISTANCE OF 261.88 FEET; THENCE DEPARTING SAID RIGHT OF WAY LINE AND RUN ALONG THE NORTHERLY LINE OF PARCEL 6 AS PER THE WARRANTY DEED AS RECORDED IN OFFICIAL RECORDS BOOK 4164, PAGE 1552 OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA FOR THE FOLLOWING COURSES: FROM A POINT BEING ON A CURVE CONCAVE NORTHWESTERLY AND HAVING A TANGENT BEARING SOUTH 30004'55" WEST AND A RADIUS OF 15.00 FEET; THENCE RUN SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 39°19'07" FOR A DISTANCE OF 10.29 FEET TO THE POINT OF TANGENCY; 5 Book 10548 Page 1739 Instrument# 2023111365 THENCE RUN SOUTH 69024'02" WEST FOR A DISTANCE OF 53.25 FEET; THENCE NORTH 60043'32" WEST FOR A DISTANCE OF 136.29 FEET; THENCE NORTH 71 °24'05" WEST FOR A DISTANCE OF 498.39 FEET; THENCE DEPARTING SAID NORTHERLY LINE OF PARCEL 6 AND RUN ALONG THE NORTHERLY LINE OF PARCEL 4 AS PER THE WARRANTY DEED AS RECORDED IN OFFICIAL RECORDS BOOK 4056, PAGE OF 0428 OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA FOR THE FOLLOWING FIVE (5) COURSES: THENCE RUN NORTH 18°35'55" EAST FOR A DISTANCE OF 137.55 FEET; THENCE NORTH 71 °24'05" WEST, A DISTANCE OF 293.20 FEET; THENCE RUN NORTH 00000'00" EAST FOR A DISTANCE OF 200.02 FEET; THENCE NORTH 83031'22" WEST, A DISTANCE OF 105.03 FEET; THENCE NORTH 71024'05" WEST, A DISTANCE OF 162.54 FEET TO A POINT ON EASTERLY LINE OF A TRACT OF LAND AS PER THE WARRANTY DEED AS RECORDED IN OFFICIAL RECORDS BOOK 4423, PAGE 1797 OF THE PUBIC RECORDS OF SEMINOLE COUNTY, FLORIDA; THENCE RUN NORTH 18°35'55" EAST ALONG SAID EASTERLY LINE FOR A DISTANCE OF 325.13 FEET TO THE POINT OF BEGINNING. 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