HomeMy WebLinkAboutMoss Road, LLC Second Modification to Developer's Agreement -2006 04 24
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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
MARYANNE MORSt:, CLERK (F CIRCUIT COORT
SEMUn.e: COl.NTV
. BK ()(;~3 Pq, O~19 -~, (4PIII)
CLERK'S. 2()06081852
RECOIU)t~D oti/19/2006 0810.1159 AM
RECORDING FEES 35.50
~toRDED BY L McKinltv
Prepared by and Return to:
SECOND MODIFICATION TO DEVELOPER'S AGREEMENT
TillS SECOND MODIFICA TI9..N OTO DEVELOPER'S AGREEMENT ("Second
Modification"), made and executed this ~y of April, 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 Agreement was modified pursuant to that First Modification to Developer's
Agreement dated March 20,2006 and recorded in Official Records Book 06177, Page 0384 of
Seminole County, Florida ("First Modification"); and
WHEREAS, the Agreement required in paragraph 3.(b) that Moss Road, LLC install a new
four foot (4') black-coated chain link fence enclosing the retention pond; and
WHEREAS, Moss Road, LLC has redesigned and regraded the retention pond; and
WHEREAS, as redesigned and regraded, the retention pond no longer requires enclosure;
and
WHEREAS, the parties desire to further amend the Agreement to reflect that the installation
of the chain link fence enclosing the retention pond is no longer required; 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.
SECOND MODIFICATION TO DEVELOPER'S AGREEMENT
CITY OF WINTER SPRINGS / MOSS ROAD, LLC
Page 10f4
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 Second Modification.
2.0 Modification. The City and Moss Road, LLC agree that Section 3(b) of the
Agreement shall be modified as follows: (underlined type indicates additions and stlrtocom type
indicates deletions):
Buffer Walls and Fences. As noted on the Plans, Moss Road LLC shall install a six (6) foot
tall decorative masonry wall along the southern boundary line of Lot 1 according to the requirements
of Section 20-485, at the time when the existing storm water retention pond is modified to
accommodate the proposed new buildings on Lots 1 and 2. The Plans do not require the alteration
of existing walls. A n,w fom (4') foot black>-Goated chain link fenc, shall lepla" th, Gxistin~ Ghaill
link kIlG" and shall ,xtcnd to the. m4S0ltj.., 'Wall, full, enGlosing th, modifkd I,tc.ntion pond. The
,ximng posts will ICI1wn in the.i1: Cttucnt location:md be painted blaGk, so that thel' is no additional
impact to the '.<isting tl~GS, ho'WcvGI, the lails and fc;nc~ fabIiG will be l'pldGGd with black Goated
Glwnlink matcIial. A ten-(18') foot 'Wide gate. opc-uing will be pIovided. No wall will be required
between Lot I & Lot 2.
3.0 Recordation. This Second 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 of the Agreement and First Modification
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 executed this Second Modification as of the
date first written above.
[EXECUTION PAGES FOLLOW]
SECOND MODIFICA nON TO DEVELOPER'S AGREEMENT
CITY OF WINTER SPRINGS / MOSS ROAD, LLC
Page 2 of 4
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APPROVED AS TO FORM AND LEGALITY
For the use and reliance of the City of
Winter Springs, Florida only.
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~ A. oaqjiiiiese;-
City Attorney for the City of Winter Springs
SECOND MODIFICA nON TO DEVELOPER'S AGREEMENT
CITY OF WINTER SPRINGS I MOSS ROAD, LLC
Page 3 of4
MOSS ROAD, LLC
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PrintName:~If'F. mIla ~J(
STATE OF FL~DA )
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The re oing instrument was acknowledged befllre me thi~y of kL 2006,
I ~~'Ft1 me/' of Moss Road,
lorida limited liability company, [ who is pers al known to me or [ ] produced
as identification.
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SECOND MODIFICATION TO DEVELOPER'S AGREEMENT
CITY OF WINTER SPRINGS / MOSS ROAD, LLC
Page 4 of 4