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HomeMy WebLinkAboutMoss Road, LLC First Modification to Developer's Agreement -2006 03 20 I..U..................,. Prepared by and Return to: MARYANNE tIJRSE, CLERK IF CIRCUIT CWRT !QUU.E (;(QffY 8K 061T1 Pq$ 03M - 386, (Jpgs) CLERK~ 5 =It 2()(.e.()49157 RlUlRDfD 03/28/2006 10130114 AM RECORDING FEES 21.00 R!:.toftDf.D 8Y L Woodlty Katherine W. Latorre, Esq. City of Winter Springs Assistant City Attorney Brown, Garganese, Weiss & D'Agresta, P.A. 225 E. Robinson Street, Suite 660 P.O. Box 2873 Orlando, FL 32802-2873 (407) 425-9566 FIRST MODIFICATION TO DEVELOPER'S AGREEMENT THIS FIRST MODIFICA TION TO DEVELOPER'S AGREEMENT ("First Modification"), made and executed this .2f1"day of March, 2006, by and between the CITY OF WINTER SPRINGS, a Florida municipal corporation ("City") whose address is 1126 East State Road 434, Winter Springs, Florida 32708, and MOSS ROAD, LLC, a Florida limited liability company, whose address is 738 Rugby Street, Orlando, Florida 32804. WITNESSETH: WHEREAS, the City and Moss Road, LLC entered into a Developer's Agreement dated June 7,2005, and recorded in Official Records Book 05787, Page 1180, of Seminole County, Florida (the "Agreement"); and WHEREAS, the parties desire to modify the Agreement to allow Moss Road, LLC to install a fixed panel of storefront windows on the existing building, as well as install a masonry screening wall adjacent to the rear of the building; and WHEREAS, the parties acknowledge and agree that all other terms and conditions of the Agreement not expressly modified by this First Modification shall remain in full force and effect. 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 modify the Agreement as follows: 1.0 Recitals. The foregoing recitals are hereby incorporated herein by this reference and deemed a material part of this First Modification. 2.0 Modification. The City and Moss Road, LLC agree that Section 3(i) ofthe Agreement shall be modified as follows: (underlined type indicates additions and sttikcopt type indicates deletions): "(i) Moss Road LLC shall install a fixed panel of storefront wi~dows on the front of the FIRST MODIFICATION TO DEVELOPER'S AGREEMENT CITY OF WINTER SPRINGS / MOSS ROAD, LLC Page 1 00 most westerly building, located on the Southeast comer of Moss Road and State Road 434, where the garage area of the building currently exists. Further, Moss Road, LLC shall add a masonry screening wall adiacent to the rear of the building which will extend in height a minimum of eight inches (8") over the top of the equipment to be screened, and shall be finished in either stucco or brick to match the exterior of the building shall brick-in the nont galagc Mea and shall also seleCll the mechanical alca on the leal of the building, flom SR 434, with a G' masonry wall, when site. dGvclopmcnt OI building GOllstmctioll begins. Moss Road shall modify Lot 1 parking lot, including the additional landscaping as shown on the site plan at such time as construction begins on either Lot 1 or Lot 2." 3.0 Recordation. This First Modification shall be recorded in the public records of Seminole County, Florida, and shall run with the land. 4.0 Miscellaneous. All terms and conditions ofthe Agreement which are not expressly and specifically modified by this First Modification shall continue to remain in full force and effect. IN WITNESS WHEREOF, the parties have executed this First Modification as of the date first written above. ;"""""'.-' ...',... By: (.) If~ :- By: .6J. . '\" ct'\' ;:J .. APPROV D AS TO FORM AND LEGALITY For the use and reliance ofthe City of Winter Springs, Florida only. Daled& By' . th y A. Garganese, City Attorney for the City of Winter Springs FIRST MODIFICATION TO DEVELOPER'S AGREEMENT CITY OF WINTER SPRINGS / MOSS ROAD, LLC Page2of3 MOSS ROAD, LLC ----~ ~ WITNESSES: ~ 5.;lt<ll -k-- Pro tN. e: -:r-t; ~ki Il~{e ahQ.L; 1l.tll(l ~ 1LLL Print Name: tH..J{l f.:_ tnlE:~.t COUNTY OF The fo going instrument was acknowledged befj as orida limited liability company, [ ~o is pers as identification. day of ~2006, ~ of Moss Road~C y known to me or [ ] produced ........MELiSSA.ALBREcHT........! ......~ Comm : i',;)t,.~ "000353990 : i~~~ _ Exp'res 121'.12008 : \~cm~~/ Bonded thru (800)432-4254: ""'Ijll~~"\\~ Flonda Notary Ass I : n., nc : Pr t Name My Commission Expires t CL-. (I aP FIRST MODIFICATION TO DEVELOPER'S AGREEMENT CITY OF WINTER SPRINGS / MOSS ROAD, LLC Page 3 of3