HomeMy WebLinkAboutFirst Orlando Development Co., Inc. Second Modification to Development Agreement - 2006 02 01IIIIIIIIIiIININ11111111N111i1111NIi11111111HI11tIiIN1!
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MARYANNE MUR5E~ CLERK OF CIRCUIT COURT
SEMINIJIE CCIi~JTY
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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:
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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
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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
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pity Seal:
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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.
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Witness ~
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Print name
Witness
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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
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_°~" "~~„ 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
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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
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,,; .: MY COMMISSION # DD 200376
~:••• ~'a= EXPIRES: July 31, 2007
^~Pf F;Q; `~ Bonded Thru Notary Public Underwriters
Notary Public ~'~~~ p „ /Q~ „/~ r
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STATE OF FLORIDA
COUNTY OF
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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
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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,
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-~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
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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
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