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HomeMy WebLinkAboutMcGaba Second Modification to Binding Development Agreement -2004 07 01 1l1li11.... ... .............. ..' ...,. THIS INSTRUMENT WAS PREPARED BY AND SHOULD BE RETURNED TO: MARYAtfE tIJRSE, CLERK IF CIRCUIT cwn SEMlto..E WICTY IlK OG1S3 Pqs OllS9 - &!; (4pqs) CLERK'S :I 2006038304 ~ttJta:D 03l09/2Ol16 09:;,s"t:SS AM RECORDINB ms 3S. 50 RECORDED BY t holR" Anthony A. Garganese, Esquire Mrown, Salzman, Weiss & Garganese, P.A. ost Office Box 2873 Orlando, Florida 32802-2873 (407) 425-9566 FOR RECORDING DEPARTMENT USE ONLY SECOND MODIFICATION TO BINDING DEVELOPMENT AGREEMENT THIS SECOND MODIFICATION TO BINDING DEVELOPMENT AGREEMENT ("Second Modification"), made and executed this I') t- day of July, 2004, by and between the CITY OF WINTER SPRINGS, a Florida municipal corporation ("City") whose address is 1126 East S.R. 434, Winter Springs, FL 32708, and McGABA, LLC., a Florida limited liability company ("McGaba"), whose address is 4986 Courtland Loop, Winter Springs, FL 32708. WHEREAS, McGaba and the City entered into a Binding Development Agreement dated April 10, 2003, and recorded in Official Records Book 4839, Page 1896, of Seminole County, Florida (the "Agreement")'; and WHEREAS, a First Modification to Binding Development Agreement, dated February 26,2004, was recorded in Official Records Book 05230, Page 1123-1125, of Seminole County, Florida ("First Modification"); and Second Modification to Binding Development Agreement McGaha, LLC - City of Winter Springs, Florida Page 1 of4 ~ . .. WHEREAS, the parties desire to modify the Agreement to allow McGaba to replace sidewalks on three sides of buildings C&D in lieu of landscaping as long as the net landscaping in the project does not decrease; and WHEREAS, the parties desire to modify the Agreement regarding the width of the curb islands on the comers of buildings C&D to nine feet (9') wide instead often feet (10') wide; and WHEREAS, the parties desire to modify the Agreement amending the total number of parking spaces from 200 to 195; and WHEREAS, the parties acknowledge and agree that all other terms and conditions of the Agreement and First Modification not expressly modified by this Second Modification shall remain in full force and effect. 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 hereby incorporated herein by this reference and deemed a material part of this Second Modification. 2.0 Landscaping/Sidewalks. McGaba may construct sidewalks on three sides of buildings C&D in lieu of landscaping as long as the net landscaping for the project does not decrease. 3.0 Curb Islands. McGaba may amend the width of the curb islands on the comers of buildings C&D to nine feet (9') wide rather than ten feet (10') wide. 4.0 Parking. McGaba may amend the total number of parking spaces from 200 to 195. 5.0 Recordation. This Second Modification shall be recorded in the public records of Seminole County, Florida, and shall run with the land. Second Modification to Binding Development Agreement McGaba, LLC - City of Winter Springs, Florida Page 2 of4 r ~ .' 6.0 Miscellaneous. All terms and conditions of the .Agreement, First Modification, and other development approvals by the City for the project, which are not expressly and specifically modified by this Second Modification shall continue to remain in full force and effect. IN WITNESS WHEREOF the parties have hereunto set their hands and seal on the date first above written. Signed, sealed and delivered in the Presence of the following witnesses: ;J1l ~ M rC~$LV~ ~ Printed Name of Witness McGAHA, LLC, a Florida limited liability company 1f::-:1~ ~~ Printed Name of Witness BY~ rn~ ./ SHIRLE MACKERL Y Its President STATE OF FLORIDA COUNTY OF 5~,...,,:c.I,,~ The foregoing instrument was acknowledged before me this 10 day of ft8h.""/i-,2.Y, '2.<<;" ~, by SHIRLEY MACKERLY, as President of McGABA, LLC, a Florida limited liability company, who is personally known to me or '.':8.0 1111:) plUdJted ~ as identification. R": 1\ M. RoaenbIatt . ~..j My Cornmltaion D02Z464o '\ ~;/ Expires September 28. 2007 ~ J2JNJ1 Notary Public Signature m J20.s t./V (J ~ (Name typed, printed or sta~ed) Notary Public, State of rL c,9 LI ~ A Commission No.: .or!) ~J-,+' '1'0 My Commission Expires: '5cJrellAl!tfll JUt 'J,4()"7 (NOTARY SEAL) Second Modification to Binding Development Agreement McGaha, LLC - City of Winter Springs, Florida Page 3 of4 ATTEST: CITY OF WINTER SPRINGS, a Florida Municipal Corporation, A.. 4.LORENZO-LUACES .' l City i}erk! "" .: 11t,. .- . ..... rJ-- " ili")!' :~\...~' (gtr S~.~ \ ~? ~... , 't.. O~ ".~. ~ " :.' ~ !;~'IIt'. '...... '""" : ~ ~ o. ..', ,1. .~4, C. j .,0 0 . m ' " ~ ~ <<~--. -~: ~ : r, .A..~' \": <:0 : '.., 01)0' .'/~: " l' ". ..' ~~ -- f " 011" .......ft.~ .:: .... 'Tll ( .... ~~-- " ...... ~..".. "...."".. 4/~ I /JvA Second Modification to Binding Development Agreement McGaba, LLC - City of Winter Springs, Florida Page 4 of4