HomeMy WebLinkAboutFlorida Country Clubs, Inc. Second Amendment to Settlement Agreement -1996 09 30.'
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9 O 3 5 ~ 0 96 OCT 22 AH 8= 09
SECOND AMENDMENT TO SETTLEMENT AGTEEMENT
THIS SECOND AMENDMENT TO ,SETTLEMENT AGREEMENT (the "Second
Amendment"), is made and entered into this_~h~day of ._~~,~f~"r~~ `j,w ~ 19~, by and ~„~
between FLORIDA COUNTRY CLUIIS, INC., a Florida corporation ("FCCI") and THE Ck6Y - cvo
OF WINTER SPRINGS, FLORIDA, a Florida municipal corporation (the "CITY"). _3 rn x
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WITNESSETH r; r-
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WHEREAS, on or about May S, 1992 the CITY and FCCI did reach the terms of a settle ~ nt~ ~ o
through mediation of Case No. 91-2244-CAC, FCCI v. CITY in the Circuit Court for SemrtroleCn ~_^o
County, Florida (the "Court"); and ~'
•: fI-IEREAS, on or about June 16, 1993, FCCI and the CITY did execute ar!d enter into ghat
certain :~~ttlement Agreement (the "Settlement Agreement"), no~v on file vrith thr. Court; and
WF~REAS, the Settlement Agreement was intended by the parties to memorialize the issues
resolved by the parties in their mediation conference (the "Mediation"), and was intended by the
parties to be binding upon each of them in order to settle the pending litigation; and
WHEREAS, the parties entered into an Amendment to Settlement Agreement No. 1 (the
"First Amendment") on April 14, 1994, now on f-le with the Court amending; the Settlement
Agreement; and
WI-~REAS, FCCI and the CITY have determined that it is in their mutual best interest to
clarify certain~of the terms of the settlement contained in the Mediation Settlement Agreement and -
the First Amendment based upon the representations of FCCI to the City at its City Commission
meetings on May 8, 1995 and July 24, I99S, that are incorporated herein by refer~:nce. -
crow, THEREFORE, in consideration of the recitals and other good and valuable
consider ition, FCCI and the CITY agree to modify and clarify the mediated settlement of M~:y 5,
~ ;992, tl-r.: Settlement Agreement and the First Amendme.^.t as ro!!cws: _
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~ I. The parties acknowledge and agree that the Settlement Agreement as amended by the
t~irst Amendment and this Second Amendment is valid a«d binding upon the parties, e::cept as
specifically modified herein. Tlie parties agree that they leave been fully informed of all matters
j~ relating to the mediation, the Settlement Agreement as amended by the First Amendment and this
~-, Second Amendment, and intend to be bound by this Second Amendment.
2. Paragraph 2(b) of the First Amendment is hereby deemed to ~~e replaced and
J substituted by the following:
"(b) FCCI has not as yet completed tl~e preliminary engineering for the lots
depicted on tt~e Conceptual Plans for Parcels 7 and 8. Parcels 7 and 8 are
those described more frilly in Exhibit "A" attached Hereto and incorporated
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' herein. FCCI may increase tt~e number and/or redact the size of lots located
in Parcels 7 and 8 (the parcel bounded by the tOth fairway, (8th fairwa~• and
Howell Branch Creek). Subject to approval of the preliminary and final
engineering plans and plats, FCCI shall be permitted to develop not more than
nineteen (19) lots on Parcel 7 and forty-six (46) lots on Parcel 8, prow"i~dedw
said lots can be developed in accord with applicable City Codes, and ~te,.~-
and/or Federal laws or regulations. Tlie City shall promptly process, ree~w~
and present to the City Commission for its approval or disapproval Bch
modifications to the Conceptual Plans (as well as preliminary and ~' al
engineering and plats) for each of such parcels as and w~ien submittei~by~
FCCI. As provided in the Settlement Agreement, the lei ~n "Develop{~nt~
Property" shall hereafter be deemed to include the following: (a) the land
lying north of the ninth green directly east of the parcel commonly known as
-~ the "Hooker Parcel" adjacent to the country club clubhouse and parking lot;
and (b) the parcel bounded by tl:e 10th fainva}~, 14th fairway and Howell
Branch Creek. Each of these areas may be used in conjunction with the
development of single-family uses and not be required to be maintained as
"Golf Property".
:3. The approximate one hundred feet (100') of land lying adjacent to the 2nd through the
4th holes of the Club and the property commonly known as "Woodsiream" shall be part of
Woodstream Unit 2 Development and shall be considered "Development Property".
4. All other teams of the Settlement Agreement and the First Amendment not modified
herein shall remain in full force and effect.
IN WITNESS WHEREOF, FCCI and the CITY have executed this Second Amendment as
of ~ ~ __G~Y.~!%~y ~?~ ~ 1996. -
Witnesses:
FLORIDA COUNTRY
a Flori orporatior- /
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INC.,
TIDE CITY O~t~~Y~R SPRINGS,
FL I ~a`Florida muiiic(p~al~corpora[ion
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