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HomeMy WebLinkAboutFirst Orlando Development Co Inc First Modification of Development Agreement -2005 05 23 ,I I. ....................1. Tms INSTRUMENT WAS PREPARED BY AND SHOULD BE RETURNED TO: ~ ~ lllftK IF CIRCUIT auT SElUNlU cwnv BK 05787 PGS 1188-1191 CLERK9 S ~ 2(>>05108019 REWRIlt1) 06I29/200S 09&23&58 AM AECORDINB FEES J5.. 50 ~D IV t hold,. Anthony Garganese, Esquire ~ City Attorney of Winter Springs Brown Garganese, Weiss & D'Agresta, P.A. 225 E. Robinson St., Suite 660 Orlando, FL 32801 (407) 425-9566 FIRST MODIFICATION OF DEVELOPMENT AGREEMENT THIS FIRST MODIFICATION OF DEVELOPMENT AGREEMENT (the "Agreement") is made and executed this 6th day of June, 2005, by and between the City of Winter Springs, a Florida Municipal Corporation (the "City"), whose address is 1126 East S.R. 434, Winter Springs, Florida 32708, and First Orlando Development Co., Inc., a Florida corporation ("First Orlando"), whose address is 337 N. Femcreek Avenue, Orlando, Florida 32789. WITNESSETH: WHEREAS, First Orlando and the City previously entered into a binding development agreement which is recorded in the Public Records of Seminole County, Florida at Official Record Book 05752, Pages 1747-1755 (the "Development Agreement"); and WHEREAS, First Orlando has requested an amendment to the Development Agreement in order to enhance the sale and marketing efforts of the development Project; and WHEREAS, in furtherance of this request, the parties desire to amend the Development Agreement to permit First Orlando to commence construction of a limited number of model townhouse units prior to the recordation of the final plat for the development Project under the terms and conditions contained herein; and NOW THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties mutually agree to amend the Development Agreement as follows: Section 1. The following paragraph is added to the Development Agreement: First Modification to Developer's Agreement City of Winter Springs and First Orlando Development, Co., Inc. } J 22. Construction and Use of Model Homes. Prior to the recording of the final plat, the City agrees to permit First Orlando to construct model townhouse units under the following conditions: (I) The model townhouse units shall be contained in a single building and shall not exceed four (4) individual units. (2) The model townhouses shall remain under First Orlando's ownership and control until such time as the final plat is recorded by the City and a final certificate of occupancy for each unit is issued under the conditions set forth below. In other words, First Orlando shall not contract for sale, sell, or lease any of the individual model townhouse units until such time as the City approves and records the final plat for the Project and issues a final certificate of occupancy for each unit. (3) The model townhouse units shall be located in close proximity to the right side to the entrance of the Project. (4) Prior to construction, the model townhouses shall be duly permitted by the City in accordance with all City Codes. As part of the building permit application, First Orlando shall submit, along with all construction plans for the townhouse units, a duly certified boundary survey which shall depict the location and legal description of the model townhouse site and each individual model townhouse lot. First Orlando acknowledges and agrees that this legal description is intended to coincide with the eventual location of the townhouse lots as depicted and legally described on the final plat. First Orlando assumes full and complete responsibility and liability in the event that said legal descriptions do not conform to the lot lines required by the City in final plat. (5) At such time the Building Official completes and approves a final inspection of the model townhouse units, the City will issue a temporary certificate of occupancy. Said temporary certificate of occupancy shall be issued for the model townhouse building as a whole, not by individual units. Occupancy of the townhouse units shall be limited to the sale and marketing efforts for the Project. In addition, First Orlando shall have the right to utilize one garage in the model townhouse building as a temporary sales office. (6) At the request of First Orlando or at such time the Project development is completed, whichever occurs sooner, the model townhouse units shall be converted into permanent residential units and the City shall issue individual certificates of occupancy for each model townhouse unit; provided, however, the final plat is approved and recorded by the City and the Building Official determines that the units are suitable for permanent residential occupancy and in compliance with the City Code. 2 First Modification to Developer's Agreement City of Winter Springs and First Orlando Development, Co., Inc. Section 2. All other terms and conditions of the Development Agreement, not in conflict with this First Modification, shall remain in full force and effect. IN WITNESS WHEREOF, the parties have hereunto set their hands and seal on the date first above written. CITY SEAL ....""......., \ 1 \ ......" '" .......... '..,. '. CITY OF ~~~.iPR1N~~:\, : ,.~:4.~~"c ~i.D -c. .', ; (:'}'~" Of; \t'Y.. \. '. -;'" . ~ , (o,,~ .''''', ,~ r~:.: ~.. 0, ~ , , _ 40' ........) , ~ -' :.) ~ <:~ ~ .~) C : '''::1 " Q . ApPROVED AS TO FORM AND LEGALITY For the use and reliance of the City of Winter Springs, Florida, only. Dated: 3 First Modification to Developer's Agreement City of Winter Springs and First Orlando Development, Co., Inc. Signed, sealed and delivered in the presence of the following witnesses: FIRST ORLANDO DEVELOPMENT CO., INC., a Florida Corporation ~i~ BY.~~ Printed Name:. If. QA. T I ~... Title:-P" ~ .. ./ Printed Name of Witness , 1u et. iJaqaAL ~ -=E I rOt'.., "~a.n Printed Name ofWitn STATE OF FLORIDA COUNTY OF OrlLnqt- The foregoing instrument was acknowledged before me this dio ~ day of m n Ll 2005, by as of FIRST ORLANDO DEVELOPMENT CO., INC., a Florida Corporation, on behalf of said corporation. ,He is personally known to me or produced as identification. . ~~ 'hcI...... · · .., ~ DD203878 ., Exphe ... 27, 2007 1 UtI!;. f'i&JCUL (No~ Public Signatu~ 'Tr-- Ct Q ~ p n. 3 CU'\ (Print Name) Notary Public, State of r I (J r' I c1...CL Commission No.: My Commission Expires: (NOTARY SEAL) 4 First Modification to Developer's Agreement City of Winter Springs and First Orlando Development, Co., Inc.