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HomeMy WebLinkAboutSprings Land Investments Binding Development Agreement 1st Modification ~, Prepared by and Return to: Anthony A. Garganese, City Attorney Brown, Ward, Salzman & Weiss, P.A. @ 225 E, Robinson Street, Suite 660 P,O, Box 2873 Orlando, FL 32802-2873 ,MARYANNE Jl1ORSE, CLERK (F CIRCUIT COORT SEMINOLE COUNTY BK 04625 PG 1106 CLERK'S. 2002989216 RECORDED 12/10/2082 11109.55 AM RECORDINS FEES 24."" RECORDED BY III Nolden -1 Parcel 1.'0. Nos, 26-20-30-5AR-0000-18C 26-20-30-5AR -0000-0200 FIRST MODIFICATION BINDING DEVELOPMENT AGREEMENT THIS FIRST MODIFICATION OF THE BINDING DEVELOPMENT AGREEMENT (herein referred to as the "First Modification"), made and executed this 'I ~ day of ~ ,2002, by and between the CITY OF WINTER SPRINGS, a Florida municipal corporation (herein referred to as the "City"), whose address is 1126 East State Road 434, Winter Springs, Floriqa, 32708, and SPRINGS LAND INVESTMENTS, LTD., a Florida limited partnership (herein referred to as "Springs"), whose address is c/o Sunbelt Investors Group, 175 Lookout Place, Suite 201, Maitland, Florida, 32751, and JESSUP SHORES LIMITED PARTNERSHIP, a Florida limited partnership (herein referred to as "Jessup"), whose address is c/o Sunbelt Investors Group, 175 Lookout Place, Suite 201, Maitland, Florida, 32751, and CENTEX HOMES, a Nevada general partnership (herein referred to as "Centex"), whose address is 385 Douglas Avenue, Suite 2000, Altamonte Springs, Florida, 32714. 1 ~, FILE NUM 2002989216 OR BOOK 04625 PAGE 1107 'I WITNESSETH: WHEREAS, City, Springs and Jessup previously entered into a Binding Development Agreement recorded in Official Record Book 04358, Page 1310 of the public records of Seminole County; and WHEREAS, Section 11,1 of the Binding Development Agreement contained, a scrivener's error; and WHEREAS, the parties desire to correct that scrivener's error by executing and recording this First Modification. NOW, THEREFORE, in consideration of the mutual covenants and mutual benefits hereincontained, the parties agree as follows (strikeout type are deletions and underlined type are additions): 1, Section 11.1 d(1) is hereby corrected to read as follows: (1) For every tree removed (greater than 44 ~.. inch caliper), one replacement tree shall be planted. The replacement tree shall be a minimum of 2 1/2 inch caliper container grown (30 gallons). 2, All terms and conditions of the Binding Development Agreement not corrected by this F!rst Modific,ation,shall remain in full force and effect. IN WITNESS WHEREOF, the parties have executed this First Modification as of the date first written above. 2 ~I FILE NUM 2002989216 OR BOOK 04625 PAGE 1108 9 CITY OF 'WINTER SPRINGS, a Florida Municipal Corporation, ATTEST: B\I' J' ~, (( ~ tJ. 1'Jtt/!-r ROt,U\UO 'W..>McX;EMORE ccty Managf.~r By: ANDREA LORENZO-ILU City Clerk o/JJ;:L WITNESSES: SPRINGS LAND INVESTMENTS, LTD., a Florida limited partnership , By: Euro American Investors Group a Florida general partnership ~. By: Sunbelt Investors Group, Inc. a Florida corporation General rtner , resident 5/S/rJt . ~ By: So,YUJt On.,~ ~_ Date: STATE OF FLORIDA COUNTY OF OfCW\C)e.. , The fore oing instrument was'acknowledged before me this O~ day of ~, 2002, by . . (, leerolt\.IVl , as ~:b~,J~ of SPRINGS rAND INVESTMENTS, LTD., a Florida limited partnership, 0 who is personally known to me, or [ ] who has produced ~s identification. NOTARY PUBLI~ of Florida My commission expires: PETER LEER DAM ' Notary Public, State of Florida My camin. expo Mar. 1, 2005 ' Camm. No" DD 005830 3 ~.. ~. FILE NUM 2002989216 OR BOOK 04625 PAGE 1109 ... , (SEAL) WITNESSES: JESSUP SHORES LIMITED PARTNERSHIP a Florida limited partnership By: Euro American Investors Group a Florida general partnership ~- By: Sunbelt Investors Group, Inc. a Florida corporation General P, rtner By: -Jarru.t ~ (p~.) Date: 5/t!/{}z,. . STATE OF FLORIDA COUNTY OF oro""f/ Th~te90ing instrument was acknowledged before me this ~ day of!"k" , 2002, by '. (. \ _CCf"olC\N'\ ,as 1~~ "rb.~~i of JESSUP SHORESiJiiiiTED PARTNERSHIP a Florida limited partnership, i<l who is personally known_to me, or [ l who has produced ~ntificatlon. NOTARY PUBLIC, Stam of Florida My commission expires: (SEAL) PETER LEER DAM Notary Public, State of Florida My comm. expo Mar. 1, 2005 Comm. No. DO 005830 4 ~. '.. I ~lLt NUM 2002~89216 OR BOOK 04625 PAGE 1110 r, WITNESSES: CENTEX HOMES, a Nevada general partnership, by: CENTEX REAL ESTATE CORPORATION, a Nevada corporation, Managing General , Partner By: ~ Patrick J. Knight Division President \\ ~ot... Date: STATE OF FLQRIDA - I _' COUNTY OF ~€.-VV\~ u... The foregoing instrument was acknowledged befor~ rQa.this 2u~ay of Dl)ue.~lI\b~ 2002, by Pl-\-\-v-~ eX..- :r ~~kt , as tiv,(>('(~;~ENTEX HOMES, a Nevada general partnership, ~o is personally kn?~n .to me, or [ ] who has produced , / \ as Identification. r&!\\y.;~~;", KIMBERLY A, BROWN 1~-:7' ~~ "~~~ f,W _COMt\~ISSiON # DD 098590 ~>'~"" ~7.':;<; i:XPIRES: Marc!! 29, 2004 ..~.~".. ....:.1: 0.; \~R~~':- B(Jndml"n,ru Not\i1,' Public Uf"ldel'Niilers ",)111 - ~_. - (SEAL) 5