HomeMy WebLinkAboutChau Family Holdings III, LLC First Modification to Development Agreement 2024 01 31Grant Maloy, Clerk Of The Circuit Court & Comptroller Seminole County, FL
Inst #2024009605 Book:10573 Page:1323-1327; (5 PAGES) RCD: 2/1/2024 11:00:05 AM
REC FEE $44.00
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
FIRST MODIFICATION TO
DEVELOPMENT AGREEMENT
Winter Springs Medical Office
THIS FIRST MODIFICATION TO DEVELOPMENT AGREEMENT ("First
Modification") is made and executed this . 1 day of �(;iuc �; 20 L4 12029
by and between the CITY OF WINTER SPRINGS, a Florida Muni6pal Corporation ("City"),
whose address is 1126 East S.R. 434, Winter Springs, Florida 32708, and CHAU FAMILY
HOLDINGS III, LLC, a Florida Limited Liability Company, whose address is 1287 Semoran
Boulevard, Suite 200, Orlando, Florida 32807 ("Developer").
WITNESSETH:
WHEREAS, The Developer and the City have entered into and executed that certain
Development Agreement for Winter Springs Medical Office, dated November 9, 2020, and
recorded in the Official Records of Seminole County at Book 9768, Pages 982-995 (the
"Development Agreement"); and
WHEREAS, the Development Agreement governs the development of approximately
5.15 acres, more or less, of real property located west of the intersection of Hacienda Drive and
S.R. 434, in Winter Springs, Seminole County, Florida, and which has a tax parcel identification
number of 34-20-30-5AW-0000-048A ("Property"); and
WHEREAS, the Developer desires to amend the Development Agreement to add certain
additional uses to the list of uses permitted on the Property; and
WHEREAS, the Developer and the City desire to memorialize in writing their mutual
understanding regarding certain aspects of the development on the Property under the terms and
FIRST MODIFICATION TO DEVELOPMENT AGREEMENT
City of Winter Springs and Chau Family Holdings III, LLC
Page I of r
Book 10573 Page 1324
Instrument# 2024009605
conditions set forth in this First Modification to Developer's Agreement for Winter Springs
Medical Office; and
WHEREAS, in addition to Owners' compliance with all provisions of the Development
Agreement, City Codes, and permitting and construction not in conflict with or addressed herein,
the City and Developer desire to set forth the following additional terms and conditions.
NOW, THEREFORE, in consideration of the mutual promises, covenants, and
agreements set forth and other good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, the parties agree to amend the Development Agreement as follows:
1.0 Recitals. The foregoing recitals are true and correct and are incorporated herein by
this reference.
2.0 Authority. This First Modification is entered into pursuant to the Florida Municipal
Home Rule Powers Act.
3.0 Amendment to Development Agreement Permitted Uses. Section 4.2 — Specific
Conditions of Approval — Subsection H. is hereby amended to add the following uses to the list of
uses which are permitted on the Property.
16. Drug and sundry stores
17. Health spas
18. Hair and beauty salons (including nail salons)
19. Alcoholic beverage on -premises consumption, limited to beer and wine only
4.0 Amendment to Development Agreement Notices. Section 26 — Notice — is
amended as follows.
For the City:
Attn: City Manager
City of Winter Springs
1126 East S.R. 434
Winter Springs, Florida 32708
5.0 Other Terms and Conditions. All other provisions of the Development Agreement
not otherwise modified by this First Modification shall remain in full force and effect with respect
to the Property.
6.0 Effective Date. This First Modification shall become effective upon approval by the
City Commission and execution of this First Modification by both parties hereto.
7.0 Recordation. Upon full execution by the parties, this First 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 Agreement.
FIRST MODIFICATION TO DEVELOPMENT AGREEMENT
City of Winter Springs and Chan Family Holdings III, LLC
Page 2 of,5
Book 10573 Page 1325
Instrument# 2024009605
IN WITNESS WHEREOF, the parties have executed this Binding Development
Agreement as of the date first written above.
ATTEST:
Christian Gowan, City Ct6rk
Date:
APPROVED AS TO FORM AND LEGALITY
FOR THE CITY OF WINTER SPRINGS ONLY
Anthony A. G rganese, City Attorney
Date: —01h q
STATE OF FLORIDA
COUNTY OF
CITY OF WINTER SPRINGS:
Wc-
Kevin McCann, Mayor
Date:
The foregoing instrument was acknowledged before me by means of [] physical
presence or [ ] online notarization, this `� 4 day of � �. ��� � 2024, by
Kevin McCann, the Mayor of the City of Winter Springs, a Florida Mun"cipal Corporation, on
behalf of the. Corporation, who is personally known to me or who produced
as identification.
(NOTARY SEAL)
N
Notary Public State of Florida
Tristin M MotterON A
My commission GG 953677
Expires 02/02/2024
Notary Public Signature
Print Name:�� 1 � vvbAk' P
Notary Public State of: C f 41.J t
Commission No.: 'i
My Commission Expires: U
FIRST MODIFICATION TO DEVELOPMENT AGREEMENT
City of Winter Springs and Chau Family Holdings III, LLC
Page 3 of 5
Book 10573 Page 1326
Instrument# 2024009605
WITNESS:
17
Print Name: , l
STATE OF FLPRIDA
COUNTY OF t fI'1'li1101}}
f
CHAU FAMILY HOLDINGS III, LLC:
Print Name:
Title:
The foregoing instrument was acknowledged before me by means of [_,Kj physical
pr sence or [ ] online notarization, this JQJ day of 2 20 1 23, by
on L � CMu the Oljney of dfiau Family Holdings
III, LLC, a limited liabilitycompany, on behalf of the company, who is personally known to me
or who produced F L
L as identification.
(NOTARY SEAL)
�ri� •.,
®Notary
�
NAYELI REYNOSO
Public • State of Florida
commission M HH 426514
oFrti
My Comm. Expires Jul 26, 2027
Bonded through National Notary Assn,
No c ignature
Print Name: i ��?'j
Notary Public State of: L c
Commission No.:
My Commission Expires:
FIRST MODIFICATION TO DEVELOPMENT AGREEMENT
City of Winter Springs and Chau Family Holdings III, LLC
Page 4 of 5
Book1O573 Page 1327
|notrumanb#2O24OOQGO5
PROPERTY LEGAL DESCRIPTION
LEGAL DESCRIPTION - WINTER SPRINGS MEDICAL OFFICE
THAT PART Of LOTS 48AND 49. ENTZK8|NGEK FARMS ADDITION No. Z, AS RECORDED IN PLAT BOOK 5,
PAGE 9, PUBLIC RECORDS OF 6Ek1|N0iE COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: FROM THE
INTERSECTION OF THE SOUTHERLY RIGHT OF WAY LINE OF STATE ROAD NO. 444ANDTHE EASTERLY
RIGHT 0FWAY LINE OF W1O\5 ROAD; RUN SOUTH88°l3'42" FAST ALONG SAID SOUTHERLY RIGHT OF
VV/0/ LINE OF STATE ROAD NO. 494 A DISTANCE OF 999.34 FEET TO THE POINT OF CURVATURE OF A
(URVECONCAVE NORTHERLY AND HAVING 4RADIUS 0F131080FF[T;THENLERUN EASTFRLYAiDNG
THE ARC OF SAID CURVE 343.80 FEET THROUGH A CENTRAL ANGLE OF 14"48'38" FOR THE POINT OF
BEGINNING; THENCE LONT|NUL EASTERLY ALONG THE ARC OF SAID CURVE 96.35 FEET THROUGH A
CENTRAL ANGLE OF 04009'03" TO THE POINT mFTANGEN[Y; 'THENCE RUN NORTH 72"38'37" EAST
759.88 FEET; THENCE LEAVING SAID SOUTHERLY RIGHT 0FWAY LINE OF STATE K0A0 NO. 434, RUN
SOUTH 17^21'2�" EAST, 21.40 FEET; THENCE NORTH 72,18'47" EAST, 34.00 FEET; THENCE SOUTH
17°21'23" EAST, 173.60 FEET; THENCE SOUTH 32^36'44" EAST, 57.01 FEET; THENCE SOUTH 72038'37"
WEST 808.88FEET T0THE POINT OFCURVATURE OFACURVE CONCAVE NORTHERLY AND HAVING 4
RADIUS OF 1580.00 FEET; THENCE RUN WESTERLY ALONG THE AR[ OF SAID CURVE 114.46 FEET
TUk0V6H A CENTRAL ANGLE OF 01009'03" TO A POINT; THENCE |FAV|N6 SAID CURVE RVN NORTH
13"12'2U"WEST 250.UUFEET T8THE POINT UFBEGINNING.
TOTAL AREA - CONTAINS 224,508 SQUARE FEET OR 5.1539 ACRES MORE OR LESS.
FIRST MODIFICATION TO DEVELOPMENT AGREEMENT
City ofWinter Springs and CbuuFamily Holdings O{`LLC
Page 5of§