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HomeMy WebLinkAboutMorrison Homes First Modification Harbor Winds -2006 03 20 <t ~ ; ~ 2l ~ ~ , r() j~~ ~~ 1 ~ ~ ~ '-'J 0 .- .~ 6 J G n ~ Ii , . ;. 11.11111...................1. FIRST MODIFICATION TO BINDING DEVELOPMENT AGREEMENT FOR HARBOR WINDS THIS FIRST MODIFICATION TO BINDING DEVELOPMENT AGREEMENT FOR HARBOR WINDS (the "First Modification") is made and executed as of the 20th day of March, 2006, by and between THE CITY OF WINTER SPRINGS, a Florida municipal corporation (the "City") whose address for purposes hereof is 1126 East S.R. 434, Winter Springs, Florida 32708, and MORRISON HOMES, INC., a Delaware corporation ("Morrison"), whose address for purposes hereof is 151 Southhall Lane, Suite 200, Maitland, FL 32751. WITNESSETH: WHEREAS, Morrison and the City previously entered into a Binding Development Agreement for Harbor Winds dated March 13, 2006 and recorded in Seminole County Official Record Book 06171, Page 0127-139, (the "Development Agreement") affecting the Property described therein; and WHEREAS, Morrison has requested a modification to the Development Agreement in order to meet the aesthetic requirements of the townhome project; and WHEREAS, in furtherance of this request, the parties desire to modify the Development Agreement to permit Morrison to encroach on certain rear setbacks to meet the aesthetic requirements for the single family townhome improvements (the "Units") being constructed on lots within the townhome project. NOW, THEREFORE, In consideration of the mutual promises and covenants contained herein, the parties mutually agree to amend the Development Agreement as follows: 1. The foregoing recitals are hereby acknowledged to be true and correct and are incorporated herein by reference. 2. follows: There is hereby added to the Development Agreement a new Section 22 as "Section 22. Encroachment of Rear Setbacks. All townhouse Units constructed on lots of which the rear lot line is adjacent to S.R. 434 are hereby permitted to encroach a maximum of eight feet (8') into the rear setback line of such lots for the sole purpose of constructing a concrete patio slab and corresponding covered roof located at the rear of the Unit. Any overhang of the roof beyond the patio slab, not to exceed one foot ;A' ~ ill 10. o~ .." -~ ITI .10. m :c~ ::' Pfj "-' (.)"1 :=r- i.7'! i:':> .0 XI (.1;, :;om ni . (")0 or... t7:1 ~I ".~ ;x,: ....; ....,.l=} o ""r, eio ~ ii () c: =i o C} r: XI -j V;. I;p ~ :z. (") r-. If! n o c: ~ ~ '"' f") .:.,; Z ..~. c.:; o 0") C) .-J (5; ..1 l'(j C) 0'.' P-.:- (,\:1 c,., "-0 t("J ([/ '.0 .-1 ",., 1.0 .-1 0"1 :,~ ,F. :~!.. ::0 fTl r:J o (.;j 0', r) ~... "'-5 o o w \.:) reI ~~. 1.0 {,j'J l;;; ~ (1 '), shall not be included in the calculation of the overall encroachment of such patio. See "Exhibit A," attached hereto and fully incorporated herein by this reference." 3. Except as expressly modified by this First Amendment, the terms and conditions of the Development Agreement, which are not in conflict with this First Modification, shall remain in full force and effect. Capitalized terms used herein, which are not otherwise defined, shall have the meaning ascribed to such terms in the Development Agreement. IN WITNESS WHEREOF, the parties have hereunto set their respective hands and seals as of the date first written above. )"~i ~\ ~~' '~"1 ~-~ < , <- . CITY: THE CITY OF WINTER SPRINGS, a Florida municipal corporation Approved as to form and legality for the use and reliance of the City of Winter Springs, Florida, only. sAo /0(, ~;ted: m -Anthon ganese City Attorney for Springs, Florida. the City of Winter 2 MORRISON HOMES, INC., a Delaware corporation By: ~4~..4~ Leslie G. Peters As its: Division President ~ Print ame I ~JJdf y ~!i!if12~:Rdo STATE OF FLORIDA COUNTY OF ~fr The foregoing instrument was acknowledged before me as of the ~ day of ~ch , 2006 by Leslie G. Peters, as Di~ President MORRISON HOMES, INC., a Delaware corporation who is either [!tJ>ersonally known to me 0 0 di produce .~\\"\I""'II~ identification. ~~'\;"uf\A M. ~ "~~ ~ v - ....... ~() ~ Notary Seal: ~ "'~\l\l."'ISSlO4'~. ~ ~ ~ :.t~\.28,<c?~' ~ -*. 'S OcP' ::. CP . = . .... : ~ ~ ~.\, *00342145 ..1/ ~ "P.; . ~ ,;. ~ ~}-A..'.ot;(lhlstS\lO\'." ~ (h . . . . . . -~ ~......1. rille STAit I."J~ ~'\ '1111111~" I' lI\\\\\\\'\ 3 . . ' '" I ~' I I I 1 I , I I I i '" I ~~ j ~:! f-\ ~~ ~ ' t: I ~~ I ~~.b ~~t ~ I t, I ~I I I I I I I II I I I , J J , I I I I I , I I I I I I I I I I I!! ~ I! ,I - I 1 , I I I I , I I , I I I " I J I I I , I I I II I I I I I II I I I I I I I d I OQ ! C ClCJ :,