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HomeMy WebLinkAboutFirst Orlando Development Co., Inc. Second Modification to Development Agreement - 2006 02 01IIIIIIIIIiIININ11111111N111i1111NIi11111111HI11tIiIN1! . ; MARYANNE MUR5E~ CLERK OF CIRCUIT COURT SEMINIJIE CCIi~JTY aK 06128 Pqs 0269 - 2731 t5pgs) CLERK'S # 2G06U27E,b2 REGt~RDED 02/20/2006 11:16:34 AM SECOND MODIFICATIOIp~CORDINO FE25 44.00 TO DEVELOPMENT AGREEIV~D~ED av H a~iley THIS SECOND MODIFICATION TO DEVELOPMENT AGREEMENT (the "Second Modification") is made and executed as of the j 5r day of U 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 FIRST ORLANDO DEVELOPMENT CO., INC., a Florida corporation ("First Orlando") whose address for purposes hereof is 337 North Ferncreek Avenue, Orlando, Florida 32803. WITNESSETH: v , ~ ~ ~~ ~m ~~ ~ ~ ~ ~ ~ ~~a y 0 L Q1 WHEREAS, First Orlando and the City previously entered into that certain Binding Development Agreement for the Landings at Parkstone dated May 26, 2005 and recorded in Official Records Book 5752 at Pages 1747 through 1755, inclusive, Public Records of Seminole County, Florida, as modified and amended by that certain First Modification of Development Agreement dated June 6, 2005 and recorded in Official Records Book 5787 at Pages 1188 through 1191, inclusive, Public Records of Seminole County, Florida (collectively referred to herein as the "Development Agreement"); and WHEREAS, First Orlando has requested an amendment 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 amend the Development Agreement to permit First Orlando 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. There is hereby added to the Development Agreement a new Section 23 as follows: "Section 23. 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 into the rear setback line of such lots to meet the aesthetic requirements of the City for such Units. All such Units shall have a roof over any patio constructed at the rear of such Unit. The depth of encroachment for each such Unit shall be limited to eight feet (8'). The encroachment of each such Unit shall be limited to the underlying slab of the patio, which is covered by a roof located at the rear of the Unit. Any overhang of the roof beyond the patio slab 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 Second Modification, the terms and conditions of the Development Agreement not in conflict with this Second 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. CITY: Attes . ~N~ Print -name: .~1s~ its: ~`ry Clerk .,., • l~ t/ e " j ,~. pity Seal: s _. }~ . .~. `°_~ THE CITY OF WINTER SPRINGS, a Florida municipal corporation By: Print nam • ,doh h F ~rc.s h As its: yor Approved as to form and legality for the use and reliance of the City of Winter Springs, Florida, only. Dated• I ~ D~ By: Anthony Garganese City Attorney for the City of Winter Springs, Florida. 2 .. . . O Witness ~ ~+o~P~~ ~~L~y Print name Witness i rc~.G, ~ZL Pn ca~.,n FIRST ORLANDO DEVELOPMENT CO., INC., a Florida corporation By: -~ Hubert R. Earley As its: President Print name STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me ~e~br~~,tr'v , 2006 by ~~NN F. RjU51'I , Winter Springs who is either CY personally known to as identification. Notary S a •Y, SANDIBOWKER tir{ v _°~" "~~„ MY COMMISSION #DD223479 ~~ EXPIRES: JUN 16, 2007 Bonded through Advantage Notary STATE OF FLORIDA COUNTY OF rte, as of the Z ^ °~' day of as Mayor for the City of me or ~ did produce tary Public The foregoing instrument was acknowledged before me as of the Z^ `~ day of 2006 by Hubert R. Earley, as President FIRST ORLANDO DEVELOPME T CO., INC., a Florida corporation, who is either C~! personally known to me or ^ did produce as identification. Notary Seal: a..`- Notary Public 3 ~. JOINDER AND CONSENT OF MORRISON HOMES, INC. The undersigned, as the owner of the following described real property located within the Townhome Project, to wit: Lots 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 53, 54, 55, 56, 57, 58, 65, 66, 67, 68, 69, 70, 98, 99, 100, and 101, THE LANDINGS AT PARKSTONE, according to the plat thereof as recorded in Plat Book 68, Page 5, Public Records of Seminole County, Florida; does hereby join in and consent to the foregoing Second Modification to Development Agreement as of the / ~_ day of !fib/U~ rte, 2006. Signed, sealed and delivered in the presence MORRISON HOMES, INC., a Delaware corporation By: Print Name: ss/~ e. (., _ ,~,,~~-Jf' As its:~7i UiS i CL_~~S i ~~ ~ The foregoing instrument was acknowledged before me as of the / 3 day of /'. , ^ 20 6 by L•2 S f ,'t ~n . i~,e.~ i'S as MORRISON HOMES, INC., a Delaware corporation, who is either personally known to me or ^ did produce as identification. Notary Seal: •,;~r'•y% NICHOL BOLANDER +?' ~=. ,,; .: MY COMMISSION # DD 200376 ~:••• ~'a= EXPIRES: July 31, 2007 ^~Pf F;Q; `~ Bonded Thru Notary Public Underwriters Notary Public ~'~~~ p „ /Q~ „/~ r 4 STATE OF FLORIDA COUNTY OF iz ~~. b~ ~~ Pv~ p~-trnr~ ~~u~- -~--- is a 29' S, ~t~IGR~AGHY1~t"C' as-to ~~~t . -.--~.. ~~ ~~ ~0 -- r _ ~i~ ~avr~~ ~ ~b~~~r'o~ BROWN, GARGANESE, WEISS & D'AGRESTA, P.A. Attorneys at L.a>.v Debra S. Babb-Nutcher" ' Offices in Orlando Kissimmee Usher L. Brown , & Cocoa Joseph E. Blitch Suzanne D'Agresta° Scott J. Dornstein Anthony A. Garganese" Andrew M. Fisher J.W. Taylor _ Katherine W. Latorre ~ ~ ~ ~ ~ ~ Jeffrey S. Weiss ~ Paul H. McLester - Amy J. Pitsch ~Je 9'~: 71 1 ~ .3 Ld 'Board Certified Civil Trial Lawyer "Board Certified City, County & Local Government Law CITY OFWfN'~ ;;PRINGS OFFICE OF 7 -'_ +,~ T'Y CLERK Erin J. O'Leary Of Counsel February 28, 2006 VIA U.S. MAIL Andrea Lorenzo-Luaces, City Clerk City of Winter Springs 1126 East State Road 434 Winter Springs, Florida 32708 Re: Winter Springs /First Orlando Development Co., Inc. -Second Modification to Development Agreement Dear Andrea: Enclosed please find the original fully executed and recorded above referenced Agreement. This original is being provided to your office for safekeeping. Should you have any questions, do not hesitate to call. /slb Enclosure Ve truly yours, <% ~~~ ~- ~~ -~an~owker, Assistant to Anthony A. Garganese 225 East Robinson Street, Suite 660 • P.O. Box 2873 •Orlando, Florida 32802-2873 Orlando (407) 425-9566 Fax (407) 425-9596 • Kissimmee (321) 402-0144 • Cocoa (866) 425-9566 Website: www.orlandolaw.net • Email: firm@orlandolaw.net •~ ;', '~ S MARYANNE MGR5E CLERK GF CGURT, 5EMINOLE CGUNTY 301 NORTH DARK AUE SANFORD, FL 32771 407-665-4411 OATE:02/20/2006 TIME :11:16:34 AM RECEIPT:372559 BROWN GARGANE5E WEIS5 ET AL C,DOE - 109 ITEM -01 AGR 11:16:34 AM FILE:200b027fi62 bK/PG:D 612$/02b3 kECOkDING FEE 44.00 Sub. Total ------- 44.00 ------- ---------- AMOUNT DUE: 344.00 F'AID CHECK: $44.00 Check #:20454 344.00 TOTAL PAID: 344.00 REC BY:HBAILEY DEPUTY CLERK Have a Nire Day