HomeMy WebLinkAboutMeadowbrook Winter Springs, LLC First Amendment to Development Agreement - 2003 03 01
Jeffl"ty P. Bu~l<, Esquire f\
BroJn. Stltznllin. Weiss & Garganese. P.A.
FtO. Bo)( ~8n
<?rlando, FL ~802.28UJ
Parcel 10 No, 26.20.30.5AR-oOOO-o560
11111111111111111111111111111111111111111111111111111111101
FIRST AMENDMENT TO DEVELOPMENT AGREEMENT
WINTER SPRINGS, L.L.C., DATED OCTOBER 11,1999
THIS FIRST AMENDMENT TO DEVELOPMENT AGREEMENT ("Amendment")
is made this _ day of March, 2003, by and between the CITY OF WINTER SPRINGS, a
Florida municipal corporation (hereinafter referred to as "City") and MEADOWBROOK WINTER
SPRINGS, L.L.C. a Delaware limited liability company (hereinafter referred to as "Property
Owner") and is based on the following premises:
WHEREAS, the parties entered into a Development Agreement dated October 11, 1999, and
recorded in Official Records Book 3785, Page 1486 of the public records of Seminole County,
Florida (the "Development Agreement"); and
WHEREAS, the Property Owner has requested, and the City has agreed in accordance with
the terms and conditions ofthis Amendment, to release a portion of the property (the "Outparcel")
from the lien and operation of the Development Agreement, which Outparcel is more particularly
described as follows:
The East 300 feet of Lot 56, Block D, D.R. MITCHELLS SURVEY
ofthe Levy Grant, as recorded in Plat Book 1, Page 5, Public Records
Seminole County, Florida, lying north of the Longwood-Wagner
Road; and
WHEREAS, in furtherance of the State Road 434 Landscape and Beautification Project, the
Property Owner has agreed to execute a landscape easement in favor ofthe City, wherein the City
will construct and maintain a ten foot (10') landscape buffer adjacent to State Road 434.
NOW, THEREFORE, in consideration of valuable consideration received at the time of
execution hereof, the receipt and sufficiency of which is acknowledged, the City and the Property
Owner do hereby agree as follows:
1. To remise, quitclaim, exonerate and discharge the Outparcel from the lien and
operation of the Development Agreement; provided, however, that nothing herein shall in any way
impair, alter or diminish the effect of the Development Agreement with respect to the remainder of
the real property affected thereby.
2. Property Owner shall execute simultaneously with this Amendment the S.R. 434
Landscape Beautification Easement, granting to City the a landscape improvement and maintenance
easement over, under, and across the Outparcel.
3. The City shall record this Amendment in a timely fashion in the Official Records of
Seminole County, Florida and may re-record it at any time as may be required to preserve the rights
and obligations provided by this Amendment.
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FILE NUM 2003075018
OR BOOK 04807 PAGE 1195
4. This Amendment may be signed in counterparts, all of which when taken together
shall constitute one and the same agreement.
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IN WITNESS WHEREOF, the City and Property Owner set their respective hands on the
day and year above written.
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WITNESSES:
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STATE OF FLORIDA
COUNTY OF SEMINO.LE
The foregoing instrument was acknowledged and sworn to before me this~day of
~f~L , 2003 by btJ-flLb w. t-1 <:- ~~ , \O.--who' is
personally known to me or 0 who has produced , as
identification.
Q) ANDREA LORENZQ.LU
MY COMMISSION # CC
EXPIRES: May 9, 2003
l.aol>>NOTARY FIa lI!o!~'Y SONioo & BondIng
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FILE NUM 2003075018
OR BOOK 04807 PAGE 1196
WITNESSES:
MEADOWBROOK WINTER SPRINGS,
L.L.c. a Delaware limited liability company
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TItle: i C 0
STATE OF FLORIDA
COUNTY OF SEMINObE osee oLa
A The foregoing instnj1l1el}t was acknow edged and sworn to before me this tf( / day ~f
~ L L , 2003 by ;r~" G. a , Ld-'"Who IS
personally known to me or 0 who has produced , as
identification.
~. ~ SllRALSHeEHY
. :Z\ MY COMMISSION # CC 8716()7
, \ . : j EXPIR~: JaIlua/Y 15. 2004
.- .;.:...... Bonde4 Thru Nolary PI$I!c Undelwril&rs
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NOTARY PUBLIC -
My Commission Expires
F:\Docs\City of Winter Springs\Meadowbrook Winter Springs GolfClub\Agreements\Amendment_DevAgree_Meadowbrook.wpd
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