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HomeMy WebLinkAboutCentex Homes Second Modification to Binding Development Agreement - 2004 06 14__ II~~INN~N1~1^~uN~lrll~~~~~~~ll~l •~ . . Prepared by and Return to: Anthony A. Garganese, City Attorney Brown, Salzman, Weiss &Garganese, P.A. 225 E. Robinson Street, Suite 660 P.O. Box 2873 Orlando, FL 32802-2873 h~HYf MURSE~ CLERK tl~' CIRCUIT COIRtT 9EMINUt.,E t~,KJNTY AK 05363 GG5 1)089-0091 CLERK'S # 201)4101 1)33 RE~l1iDED 06/P9/POM Olt 10 t Z8 PN RECARDINB ff:EB P7.00 RECOkDIiD 8Y t holden SECOND MODIFICATION TO BINDING DEVELOPMENT AGREEMENT THIS SECOND MODIFICATION TO BINDING DEVELOPMENT AGREEMENT (hereinafter referred to as "Second Modification"), made and executed this fl. day of .Tout e. , 2004, by and between the CITY OF WINTER SPRINGS, a Florida municipal corporation (hereinafter referred to as the "City"), whose address is 1126 East State Road 434, Winter Springs, Florida, 32708, and CENTEX HOMES, a Nevada general partnership (hereinafter referred to as "Centex"), having a principal place of business at 385 Douglas Avenue, Suite 2000, Altamonte Springs, Florida, 32714 WITNESSETH: WHEREAS, the City, Centex, Springs Land Investments, Ltd., and Jessup Shores Limited Partnership previously entered into a Binding Development Agreement recorded in Official Record Book 4358, Page 1310, of the public records of Seminole County; and WHEREAS, a First Modification to that Binding Development Agreement was recorded in Official Record Book 4625, Page 1106, of the public records of Seminole County; and WHEREAS, the City and Centex now desire to amend a portion of that Binding Development Agreement related to the Residential Property, which is gwned by Centex; and Second Modification to Binding Development Agreement City of Winter Springs -Centex Homes Page 1 of 3 'i ~. WHEREAS, the City and Centex desire to amend Exhibit "C" to that Binding Development Agreement to change the minimum rear setback requirement from twenty (20') feet to fifteen (15') feet. NOW, THEREFORE, inconsideration of the mutual covenants and mutual benefits herein contained, the parties agree as follows (s#~tkeeat type are deletions and underlined type are additions): 1.0 Recitals. The foregoing recitals are hereby fully incorporated herein by this reference and deemed a material part of this Second Modification. 2.0 Rear Setback Amendment. Exhibit "C," Residential Development Standards, is hereby amended to read as follows: Minimum building setbacks on lots: Front: 20' Side: 0' Rear: z~ 15' 3.0 Recordation. This Second 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 Binding Development Agreement not amended by this Second Modification shall remain in full force and effect. IN WITNESS WHEREOF, the parties have executed this Second Modification as of the date first written above. [SIGNATURE PAGE FOLLOWS] Second Modification to Binding Development Agreement City of Winter Springs -Centex Homes Page 2 of 3 ~i l ATTEST: ANT LORENZO-LUACES Ci C rk WITNESSES: CITY OF WINTER SI~IRIRGS, a Florida municipal rorpc~f~ativn, c By: iT ~ -~ J N F. B1JSH ayor CENTEX HOMES, a Nevada general partnership, by: CENTEX REAL ESTATE CORPORATION, a Nevada corporation, Managing General Partner PA RICK J. KNIGHT Division President ~ ' Iii o~c ~ ~ Date: Pri t Name: ~ ! STATE OF +~l,cC~_ COUNTY OF ~„~,.,~~~ The foregoing instrumentwas acknowledged before me this~~ay of ~~~ , 2004, by PATRICK J. KNIGHT, as Division President of CENTEX REAL ESTATE CORPORATION, a Nevada corporat' n, Managing General Partner of CENTEX HOMES, a Nevada general partnership, ) who is personally known to me, or [ ] who has produced as identification. ....... ~ w~aerx.v ~-. e~ " Comrnfl D00lIMA! ~rP F..,"~„~g,Zppd NOTARY PUBLIC ~~~ Boni- ; ., , ~q~)as2~2s~ Fbrida Nci<:ryAssn., inc Print Name: ~wuw.nu•..•n.. •....•i My commission expires: G:\Docs\City of Winter Springs\Wagner's Curve DevelopmentWgreements\Second_Modification_Dev_Agreement.wpd Second Modification to Binding Development Agreement City of Winter Springs -Centex Homes Page 3 of 3