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HomeMy WebLinkAbout2005 05 23 Regular Item 501, Development Agreement Modification for The Landings at Parkstone CITY COMMISSION AGENDA ITEM 501 Consent Information Public Hearin2 Regular X May 23.2004 Meeting t..MGR. Jff lDept.~ REQUEST: The Community Development Department requests the City Commission approve the proposed development agreement modification for The Landings at Parkstone. PURPOSE: The purpose ofthis agenda item is to recommend approval for the proposed development agreement to allow model units to be constructed prior to platting. APPLICABLE REGULATIONS: Chapter 166, Fla. Statutes Division 3. Part B. Planned Unit Development (sections 20-376 thru 20-389). Section 20-474. Development Agreement. CONSIDERATIONS: The applicant has requested to amend the existing development agreement to allow model units to be built before a final subdivision plat is approved and recorded. Similar provisions were approved in development agreements for Barclay Reserve, J esup' s Reserve, and J esup' s Landing. In all cases, a site must have adequately stabilized access for emergency response and potable water available to fight fires. RECOMMENDATION: Staff recommend approval of the development agreement modification for the Landings at Parkstone being provided by the City Attorney. May 23, 2005 Regular Item 501 Page 2 ATTACHMENTS: A. Development agreement B. Draft First Modification CITY COMMISSION ACTION: ATTACHMENT A TIUS INSTRUMENT WAS PREPARED BY AND SHOULD BE RETURNED TO: Anthony A. Garganese, Esquire Brown, Garganese, Weiss & D'Agresta, P.A. Post Office Box 2873 Orlando, Florida 32802-2873 (407) 425-9566 FOR RECORDING DEPARTMENT USE ONL V BINDING DEVELOPMENT AGREEMENT FOR mE LANDINGS AT PARKSTONE Tms BINDING DEVELOPMENT AGREEMENT, made and executed this_ day of , 2004, 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 FIRST ORLANDO DEVELOPMENT CO., INC., a Florida corporation ("First Orlando") whose address is 337 N. Femcreek Avenue, Orlando, FL 32803. WITNESS ETH: WHEREAS, First Orlando is constructing a townhome development on real property located within the City of Winter Springs, Florida; and WHEREAS, pursuant to the approval of the City of Winter Springs City Commission on , 2004, First Orlando desires to facilitate the orderly development of a townhome project (the "Townhome Project") on the Subject Property (defined in Section 3 below) as depicted in the site plan attached hereto as Exhibit "A" and incorporated herein by this reference (the "Site Plan"), in compliance with the laws and regulations ofthe City; and Binding Development Agreement For the Landings at Parkstone Page lof9 WHEREAS, the City Commission has recommended entering into a Binding Development Agreement, ("Agreement"), with First Orlando for the development of the Townhome Project; and WHEREAS, in addition to First Orlando's compliance with all City Codes, permitting and construction not in conflict herein, the City and First Orlando desire to set forth the following special terms and conditions. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties mutually agree as follows: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference. Section 2. Authoritv. This Agreement is entered into pursuant to the Florida Municipal Home Rule Powers Act. Section 3. Subject Property. The real property ("Subject PropertY') which is subject to, and bound by, the terms and conditions of this Agreement is legally described on Exhibit "B," attached hereto and made a part hereof by reference. Section 4. Representations of First Orlando. First Orlando hereby represents and warrants to the City that First Orlando has the power and authority to execute, deliver and perform the terms and provisions of this Agreement and has taken all necessary action to authorize the execution, delivery and performance of this Agreement. This Agreement will, when duly executed and delivered by First Orlando and recorded in the public records of Seminole County, Florida, constitute a legal, valid and binding obligation enforceable against First Orlando and the Subject Property in accordance with the terms and conditions of this Binding Development Agreement For the Landings at Parkstone Page 2 of9 Agreement. First Orlando represents it has voluntarily and willfully executed this Agreement for purposes of binding the Subject Property to the terms and conditions set forth in this Agreement. Section 5. Obli2ations and Commitments. In consideration of the City and First Orlando entering into this Agreement, the City and First Orlando voluntarily agree as follows: (a) Site Plan. First Orlando shall construct the Townhome Project in accordance with the Site Plan approved by the City Commission of Winter Springs. Said Site Plan may be amended from time to time by the City without amendment to this Agreement. All Amendments to the Site Plan shall automatically be incorporated herein by this reference. (b) Drainage/Easement(s). Drainage for the Subject Property shall tie in to the existing Parkstone PUD drainage system. First Orlando shall convey all drainage easement( s) located on the Subject Property prior to the issuance of a certificate of occupancy for the Subject Property. Said easement(s) shall be in a form deemed acceptable to the City Attorney. (c) Off-site Light Spillage. Off-site light spillage shall only be permitted at the main entrance of the Subject Property so that the sidewalk and entrance along Parkstone Boulevard are illuminated to enhance public safety. However, any such illumination shall not cause any unreasonable glare for motorists along Parkstone Boulevard and shall first be approved by the City. (d) Garba2e Collection. Garbage collection for the Subject Property will be provided to each individual townhome. Garbage dumpsters are not permitted. (e) Internal Rights-of-Wav/Streets. Rights-of-Way internal to the Subject Property are forty (40) feet wide. Streets internal to the Subject Property do not meet City standards and, therefore, are not eligible for inclusion in the City's public street system. Binding Development Agreement For the Landings at Parkstone Page 3 of9 (f) Internal Sidewalks. Sidewalks internal to the Subject Property are four (4) feet wide. (g) UtilitylDrainasze Easements. Utility and drainage easements internal to the Subject Property vary in width; refer to the plat for actual dimensions. (h) Density. All previous City of Winter Springs approvals regarding residential density on the Subject Property are hereby deemed null and void. The residential density for the Subject Property is hereby established at 104 townhome units on 12 acres of land (8.66 units per acre). First Orlando acknowledges and agrees that this residential density is less than the density previously approved by the City in 1997. Section 6. Successors and Assigns. This Agreement shall automatically be binding upon and shall inure to the benefit of the successors and assigns of each of the parties. Section 7. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Section 8. Amendments. This Agreement shall not be modified or amended except by written agreement duly executed by both parties hereto and approved by the City Commission. Section 9. Entire Agreement. This Agreement supersedes any other agreement, oral or written, and contains the entire agreement between the City and First Orlando as to the subject matter hereof. Section 10. Severability. If any provision of this Agreement shall be held to be invalid or unenforceable to any extent by a court of competent jurisdiction, the same shall not affect in any respect the validity or enforceability of the remainder of this Agreement. Binding Development Agreement For the Landings at Parkstone Page 4 of9 Section 11. Effective Date. This Agreement shall become effective upon approval by the City of Winter Springs City Commission and execution of this Agreement by both parties. Section 12. Recordation. This Agreement shall be recorded in the public records of Seminole County, Florida, and shall run with the land. Section 13. Relationship of the Parties. The relationship of the parties to this Agreement is contractual and First Orlando is an independent contractor and not an agent of the City. Nothing herein shall be deemed to create a joint venture or principal~agent relationship between the parties, and neither party is authorized to, nor shall either party act toward third persons or the public in any manner, which would indicate any such relationship with the other. Section 14. Sovereign Immunity. Nothing contained in this Agreement shall be construed as a waiver of the City's right to sovereign immunity under Section 768.28, Florida Statutes, or any other limitation on the City's potential liability under state and federal law . Section 15. City's Police Power. First Orlando agrees and acknowledges that the City hereby reserves all police powers granted to the City by law. In no way shall this Agreement be construed as the City bargaining away or surrendering its police powers. Section 16. InteIpretation. The parties hereby agree and acknowledge that they have both participated equally in the drafting of this Agreement and no party shall be favored or disfavored regarding the interpretation to this Agreement in the event of a dispute between the parties. Section 17. Permits. The failure of this Agreement to address any particular City, county, state, and federal permit, condition, term, or restriction shall not relieve First Orlando or the City of the necessity of complying with the law governing said permitting requirements, conditions, term, or restriction. Binding Development Agreement For the Landings at Parkstone Page 50f9 Section 18. Third PartY Rights. This Agreement is not a third party beneficiary contract and shall not in any way whatsoever create any rights on behalf of any third party. Section 19. Specific Perfonnance. Strict compliance shall be required with each and every provision of this Agreement. The parties agree that failure to perform the obligations provided by this Agreement shall result in irreparable damage and that specific perfonnance of these obligations may be obtained by suit in equity. Section 20. Attornevs' Fees. In connection with any arbitration or litigation arising out of this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs through all appeals to the extent pennitted by law. Section 21. Develooment Pennits. Nothing herein shall limit the City's authority to grant or deny any development pennit applications or requests subsequent to the effective date of this Agreement. In addition, nothing herein shall be construed as granting or creating a vested property right or interest in First Orlando or in the Subject Property. [SIGNATURE PAGE FOLLOWS] Binding Development Agreement For the Landings at Parkstone Page 60f9 IN WITNESS WHEREOF the parties have hereunto set their hands and seals on the date first above written. Signed, sealed and delivered in the presence of the following witnesses: FIRST ORLANDO DEVELOPMENT CO., INC., a Florida corporation Printed Name of Witness By: Name: Title: Printed Name of Witness CITY OF WINTER SPRINGS, a Florida Municipal Corporation ATTEST: By: JOHN F. BUSH Mayor By: ANDREA LORENZO-LUACES City Clerk STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this _ day of , 2004, by , as of First Orlando Development Co., Inc., a Florida corporation, [ ] who is personally mown to me or [ ] who has produced as identification. (NOTARY SEAL) Notary Public Signature (Name typed, printed or stamped) Commission No.: My Commission Expires: Binding Development Agreement For the Landings at Parkstone Page 7 of9 EXHmIT "A" (SITE PLAN) Final Site Plan and all amendments thereto are on file at: City Hall City of Winter Springs 1126 East State Road 434 Winter Springs, Florida 32708 Binding Development Agreement For the Landings at Parkstone Page 8 of9 EXHIBIT "B" SUBJECT PROPERTY That certain piece parcel and tract of land located in Seminole County, Florida, described as follows: LEGAL DESCRIPTION Tracts A, B and C, PARKSTONE UNIT 1, according to the plat thereof, as recorded in Plat Book 56, Pages 17 through 21, of the Public Records of Seminole County, Florida. Together with an Access and Utility Easement, as set forth and described in that certain document recorded on December 18, 1998, in Official Records Book 3556, Page 1777, Seminole County, Florida (Not surveyed). Together with a non-exclusive Easement and Agreement for Drainage and Utilities as set forth and described in that certain document recorded on January 29, 1999, in Official Records Book 3582, Page 2008, Seminole County, Florida (Not surveyed) (Not plottable). Together with a permanent Ingress and Egress Easement and Agreement, as set forth and described in that certain document recorded on January 27, 1999, in Official Records Book 3582, Page 2021, Seminole County, Florida (Not surveyed). Binding Development Agreement For the Landings at Parkstone Page 9 of9 ATTACHMENT B THIS INSTRUMENT WAS PREPARED BY AND SHOULD BE RETURNED TO: DRAFT 5/13/05 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 day of May, 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 , Pages (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. I 22. Construction and Use of Model Homes. Prior to the recording of the [mal plat, the City agrees to permit First Orlando to construct model townhouse units under the following conditions: (1) 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 [mal 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. 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. First Modification to Developer's Agreement City of Winter Springs and First Orlando Development, Co., Inc. 2 IN WITNESS WHEREOF, the parties have hereunto set their hands and seal on the date fIrst above written. CITY OF WINTER SPRINGS By: John F. Bush, Mayor ATTEST: By: Andrea Lorenzo Luaces, City Clerk ApPROVED AS TO FORM AND LEGALITY For the use and reliance of the City of Winter Springs, Florida, only. Dated: CITY SEAL By: Anthony Garganese, City Attorney for the City of Winter Springs, Florida First Modification to Developer's Agreement City of W inter Springs and First Orlando Development, Co., Inc. 3 Signed, sealed and delivered in the presence of the following witnesses: FIRST ORLANDO DEVELOPMENT CO., INC., a Florida Corporation By: Signature of Witness Printed Name of Witness Printed Name: Title: STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this day of ____________, 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. (NOTARY SEAL) (Notary Public Signature) (Print Name) Notary Public, State of Commission No.: My Commission Expires: First Modification to Developer's Agreement City of Winter Springs and First Orlando Development, Co., Inc. 4 . . ._~------_._------._.-'_I ,) MARY~ MIfi, l;lt:ftl( (f CIRCUIT CWRl SEMINOlE COl.tfrY Bt< 05752 PGS 1747-1755 CLE RK' S =II 2005(~92926 ~toMDED 06I06/200S 02143113 PM REUJRDlNa FEES 78.00 ~tOR~O BY l Woodlty THIS INSTRUMENT WAS PREPARED BY AND SHOULD BE RETURNED TO: ,t1 1.\ nthony A. Garganese, Esquire JL.lBrown, Garganese, Weiss & D' Agresta, P.A. Post Office Box 2873 Orlando, Florida 32802-2873 (407) 425-9566 FOR RECORDING DEPARTMENT USE ONLY BINDING DEVELOPMENT AGREEMENT FOR THE LANDINGS AT PARKSTONE THIS BINDING DEVELOPMENT AGREEMENT, made and executed this ~t... ,,/ :? day of W\Ai ' 200;t, 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 FIRST ORLANDO DEVELOPMENT CO., INC., a Florida corporation ("First Orlando") whose address is 337 N. Femcreek Avenue, Orlando, FL 32803. WITNE SSE TH: WHEREAS, First Orlando is constructing a townhome development on real property located within the City of Winter Springs, Florida; and WHEREAS, pursuant to the approval of the City of Winter Springs City Commission on July 26, , 2004, First Orlando desires to facilitate the orderly development of a townhome project (the "Townhome Project") on the Subject Property (defined in Section 3 below) as depicted in the site plan attached hereto as Exhibit "A" and incorporated herein by this reference (the "Site Plan"), in compliance with the laws and regulations ofthe City; and Binding Development Agreement For the Landings at Parkstone Page 1 of9 . , WHEREAS, the City Commission has recommended entering into a Binding Development Agreement, ("Agreement"), with First Orlando for the development of the Townhome Project; and WHEREAS, in addition to First Orlando's compliance with all City Codes, permitting and construction not in conflict herein, the City and First Orlando desire to set forth the following special terms and conditions. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties mutually agree as follows: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference. Section 2. Authority. This Agreement is entered into pursuant to the Florida Municipal Home Rule Powers Act. Section 3. Subiect Property. The real property ("Subject Property") which is subject to, and bound by, the terms and conditions of this Agreement is legally described on Exhibit "B," attached hereto and made a part hereof by reference. Section 4. Representations of First Orlando. First Orlando hereby represents and warrants to the City that First Orlando has the power and authority to execute, deliver and perform the terms and provisions of this Agreement and has taken all necessary action to authorize the execution, delivery and performance of this Agreement. This Agreement will, when duly executed and delivered by First Orlando and recorded in the public records of Seminole County, Florida, constitute a legal, valid and binding obligation enforceable against First Orlando and the Subject Property in accordance with the terms and conditions of this Binding Development Agreement For the Landings at Parkstone Page 2of9 Agreement. First Orlando represents it has voluntarily and willfully executed this Agreement for purposes of binding the Subject Property to the terms and conditions set forth in this Agreement. Section 5. Obligations and Commitments. In consideration of the City and First Orlando entering into this Agreement, the City and First Orlando voluntarily agree as follows: (a) Site Plan. First Orlando shall construct the Townhome Project in accordance with the Site Plan approved by the City Commission of Winter Springs. Said Site Plan may be amended from time to time by the City without amendment to this Agreement. All Amendments to the Site Plan shall automatically be incorporated herein by this reference. (b) Drainage/Easement(s). Drainage for the Subject Property shall tie in to the existing Parkstone PUD drainage system. First Orlando shall convey all drainage easement(s) located on the Subject Property prior to the issuance of a certificate of occupancy for the Subject Property. Said easement(s) shall be in a form deemed acceptable to the City Attorney. (c) Off-site Light Spillage. Off-site light spillage shall only be permitted at the main entrance of the Subject Property so that the sidewalk and entrance along Parkstone Boulevard are illuminated to enhance public safety. However, any such illumination shall not cause any unreasonable glare for motorists along Parkstone Boulevard and shall first be approved by the City. (d) Garbage Collection. Garbage collection for the Subject Property will be provided to each individual townhome. Garbage dumpsters are not permitted. (e) Internal Rights-of-Wav/Streets. Rights-of-Way internal to the Subject Property are forty (40) feet wide. Streets internal to the Subject Property do not meet City standards and, therefore, are not eligible for inclusion in the City's public street system. Binding Development Agreement For the Landings at Parkstone Page 3 of9 (f) Internal Sidewalks. Sidewalks internal to the Subject Property are four (4) feet wide. (g) Utilitv/Drainage Easements. Utility and drainage easements internal to the Subject Property vary in width; refer to the plat for actual dimensions. (h) Density. All previous City of Winter Springs approvals regarding residential density on the Subject Property are hereby deemed null and void. The residential density for the Subject Property is hereby established at 104 townhome units on 12 acres ofland (8.66 units per acre). First Orlando acknowledges and agrees that this residential density is less than the density previously approved by the City in 1997. Section 6. Successors and Assigns. This Agreement shall automatically be binding upon and shall inure to the benefit of the successors and assigns of each of the parties. Section 7. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Section 8. Amendments. This Agreement shall not be modified or amended except by written agreement duly executed by both parties hereto and approved by the City Commission. Section 9. Entire Agreement. This Agreement supersedes any other agreement, oral or written, and contains the entire agreement between the City and First Orlalldoas to the subject matter hereof. Section 10. Severability. If any provision of this Agreement shall be held to be invalid or unenforceable to any extent by a court of competent jurisdiction, the same shall not affect in any respect the validity or enforceability of the remainder of this Agreement. Binding Development Agreement For the Landings at Parkstone Page 4 of9 Section 11. Effective Date. This Agreement shall become effective upon approval by the City of Winter Springs City Commission and execution of this Agreement by both parties. Section 12. Recordation. This Agreement shall be recorded in the public records of Seminole County, Florida, and shall run with the land. Section 13. Relationship of the Parties. The relationship of the parties to this Agreement is contractual and First Orlando is an independent contractor and not an agent of the City. Nothing herein shall be deemed to create a joint venture or principal-agent relationship between the parties, and neither party is authorized to, nor shall either party act toward third persons or the public in any manner, which would indicate any such relationship with the other. Section 14. Sovereign Immunity. Nothing contained in this Agreement shall be construed as a waiver of the City's right to sovereign immunity under Section 768.28, Florida Statutes, or any other limitation on the City's potential liability under state and federal law. Section 15. City's Police Power. First Orlando agrees and acknowledges that the City hereby reserves all police powers granted to the City by law. In no way shall this Agreement be construed as the City bargaining away or surrendering its police powers. Section 16. Interpretation. The parties hereby agree and acknowledge that they have both participated equally in the drafting of this Agreement and no party shall'befavored or disfavored regarding the interpretation to this Agreement in the event of a dispute between the parties. Section 17. Permits. The failure of this Agreement to address any particular City, county, state, and federal permit, condition, term, or restriction shall not relieve First Orlando or the City of the necessity of complying with the law governing said permitting requirements, conditions, term, or restriction. Binding Development Agreement For the Landings at Parkstone Page 5 of9 Section 18. Third Party Rights. This Agreement is not a third party beneficiary contract and shall not in any way whatsoever create any rights on behalf of any third party. Section 19. Specific Performance. Strict compliance shall be required with each and every provision of this Agreement. The parties agree that failure to perform the obligations provided by this Agreement shall result in irreparable damage and that specific performance of these obligations may be obtained by suit in equity. Section 20. Attorneys' Fees. In connection with any arbitration or litigation arising out of this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs through all appeals to the extent permitted by law. Section 21. Development Permits. Nothing herein shall limit the City's authority to grant or deny any development permit applications or requests subsequent to the effective date of this Agreement. In addition, nothing herein shall be construed as granting or creating a vested property right or interest in First Orlando or in the Subject Property. [SIGNATURE PAGE FOLLOWS] Binding Development Agreement For the Landings at Parkstone Page 6 of9 IN WITNESS WHEREOF the parties have hereunto set their hands and seals on the date first above written. Signed, sealed and delivered in the presence oft e fi Howing witnesses: FIRST ORLANDO DEVELOPMENT CO., INC., a Florida corporation j~~~-,~~ Printed Name ofWitn BY:~~ 0 Name: ,JII'~IE"'T . ~A ':t..... if Title: . ~4!..~ ATTEST: CITY OF WINTER SPRINGS, a Florida Municipal Corporation By: ~;?~ JO F. BUSH Mayor STATE OF FLORIDA COUNTY OF Or (} rlCtf- 4 t-- r:::-' The foregoing instrument was acknowledged before me this ;)I.c day of M a...vf-, 200jY, z::> by , as of First Orlando Development Co., Inc., a Florida corporation, [)(] who is personally known to me or [ ] who has produced as identification. (NOTARY SEAL) j ~".L fZtt.a'3aA- Notary Public Signature ~~y~, hel Reagan fW'; My ConvnI,,1on DD203678 ~~ Expires June 'l1, 2007 --r;.a{'~ ~~ (Name typed, printed or ped) Commission No.: My Commission Expires: Binding Development Agreement For the Landings at Parkstone Page 7 of9 . ' EXHIBIT "A" (SITE PLAN) Final Site Plan and all amendments thereto are on file at: City Hall City of Winter Springs 1126 East State Road 434 Winter Springs, Florida 32708 Binding Development Agreement For the Landings at Parkstone Page 8 of9 EXHIBIT "B" SUBJECT PROPERTY That certain piece parcel and tract of land located in Seminole County, Florida, described as follows: LEGAL DESCRIPTION Tracts A, B and C, P ARKSTONE UNIT 1, according to the plat thereof, as recorded in Plat Book 56, Pages 17 through 21, of the Public Records of Seminole County, Florida. Together with an Access and Utility Easement, as set forth and described in that certain document recorded on December 18, 1998, in Official Records Book 3556, Page 1777, Seminole County, Florida (Not surveyed). Together with a non-exclusive Easement and Agreement for Drainage and Utilities as set forth and described in that certain document recorded on January 29, 1999, in Official Records Book 3582, Page 2008, Seminole County, Florida (Not surveyed) (Not plottable). Together with a permanent Ingress and Egress Easement and Agreement, as set forth and described in that certain document recorded on January 27, 1999, in Official Records Book 3582, Page 2021, Seminole County, Florida (Not surveyed). Binding Development Agreement For the Landings at Parkstone Page 9 of9 ,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.