HomeMy WebLinkAboutMcGaba First Modification to Binding Development Agreement -2004 02 26
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J~ MARVINE MORSE, ClERK OF CIRCUIT CWRT
., . , SEMINOLE COOOV
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BK 05230 PGS 1123-1125
Prepared by and Return to: CLERK'S ft 2004039580
~nthonY A. Gargane.e, City Attorney RECORDED W17'~ 1h49a" AM
~ rown; Salzman, Weiss & Garganese, PA RECORDING FEES 15..
25 E. Robinson Street, Suite 660 RECORDED BV t hold.
.0. Box 2873
Orlando, FL 32802-2873
FIRST MODIFICATION TO BINDING DEVELOPMENT AGREEMENT
THIS FIRST MODIFICATION TO BINDING DEVELOPMENT AGREEMENT ("First
Modification"), made and executed this 0( 0 day of February, 2004, by and between
McGaba, LLC., a Florida limited liability company ("McGaba"), whose address is 4986
Courtland Loop, Winter Sp~ings,FIOrida 32708, and the City of Winter Springs, aFlorida
municipal corporation ("City") whose address is 1126 East State Road 434, Winter Springs,
Florida 32708.
RECITALS:
WHEREAS, McGaba and the City entered into a Binding Development Agreement
dated April 1 0,2003, and recorded in Official Records Book4839, Page 1896, of Seminole
County, Florida (the "Agreement"); and
WHEREAS, the parties desire to modify the Agreement regarding the height of the
concrete panel buffer walls McGaba may construct under. the terms and conditions set
forth herein; and
WHEREAS, the parties acknowledge and agree that all other terms and conditions
of the Agreement not expressly modified by this First Modification shall remain in full force
and effect.
First Modification to Binding Development Agreement
McGaba, LLC - City of Winter Springs, Florida
Page 1 of 3
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NOW, THEREFORE, in consideration of the mutual promises, covenants and
agreements set forth and other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, the parties agree to modify the Agreement
as follows:
1.0 Recitals. The foregoing recitals are hereby incorporated herein by this
reference and deemed a material part of this First Modification.
2.0 Buffer Wall. The parties agree that Section 5, Obligations and
Commitments,'subsectiOn (a), BuffEwWall and Buffer Area, of the Agreement shall be
modified requiring McGaba to provide a 8' (measured from grade level) concrete panel
buffer wall, and not a 6' foot wall as specified in the original Agreement.
3.0 Recordation. This First Modification shall be recorded in the public records
of Seminole County, Florida, and shall run with the land.
4.0 Miscellaneous. All terms and conditions of the Agreement which are not
expressly and specifically modified by this First Modification shall continue to remain in full
force and effect.
IN WITNESS WHEREOF, the parties have executed this First Modification as of the
date first written above.
WITNESSES: McGABA, LLC.,
a Florida limited liability company
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First Modification to Binding Development Agreement
McGaba, LLC - City of Winter Springs, Florida
Page 2 of 3
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STATE OF FL~RIDA
COUNTY OF ./1'1/1, I?J/~
The foregoing instrument was acknowledged before me this .J & day of
r:vdo , 2004, by Shirley Mackerly, President of McGaba, LLC., a Florida limited
liability company, [l/lWho is personally known to me, or [ ] who has produced
as identification.
,'" , Sue Howard ~~
;i'* My Commission CC972178 ARY p-' BLlC, 'State of Florida
My commission expires: / v/r / i) 'I
~. . '.l Expires Odober 02.2004
(SEAL) "Nt<
First Modification to Binding Development Agreement
McGaba, LLC - City of Winter Springs, Florida
Page 3 of 3