HomeMy WebLinkAbout2004 07 26 Regular 503
COMMISSION AGENDA
July 26. 2004
Meeting
Consent
Information
Public Hearin~
Re~Ullar X
ITEM 503
MGR. /~/Dept. /~
REQUEST:
Community Development Department requests the Commission consider and approve a development
agreement modification to decrease the minimum lot area set forth in Exhibit "C" ofthe Wagner's Curve
development agreement.
PURPOSE:
The purpose of this agenda item is to request that the Commission modify the existing development
agreement exhibit, to change the applicable minimum town-house lot sizes at Heritage Park. The
number or location of the lots or separation of buildings remains the same. This inconsistency was not
detected by staff and incorporated in the first modification, which was approved by the City Commission
in May.
The modification or amendment to Exhibit "C" is needed to correct a discrepancy between the approved
plat and the dimensions of the builder's housing product The difference is made up in additional
common open space.
APPLICABLE LAW:
Section 166.021, Florida Statutes.
Section 20-474. Development Agreement.
FINDINGS:
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July 26, 2004
Regular Item 503
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1. Development agreements are authorized pursuant to the Municipal Home Rule Powers Act, as
provided in s 2(b), Article vm of the Florida Constitution and Chapter 166, Section 166.021, Florida
Statutes.
2. The development agreement is consistent with the City's Comprehensive Plan and Code of
Ordinances, as is the proposed modification.
RECOMMENDATION:
Staff recommends that the City Commission approve the modification to the attached development
agreement, subject to the City Attorney's review, approval, and any conditions he may require.
ATTACHMENTS:
Development Agreement Modification
COMMISSION ACTION:
2
ATTACHMENT A
Prepared by and Return to:
Anthony A. Garganese, City Attorney
Brown, Garganese, Weiss & D'Agresta, P.A.
225 E. Robinson Street, Suite 660
P.O. Box 2873
Orlando, FL 32802-2873
THIRD MODIFICATION TO
BINDING DEVELOPMENT AGREEMENT
THIS THIRD MODIFICATION TO BINDING DEVELOPMENT AGREEMENT
(hereinafter referred to as "Third Modification"), made and executed this
day of
, 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, a Second Modification to that Binding Development Agreement was
recorded in Official Record Book 5363, Page 0089, of the public records of Seminole
County; and
Third Modification to Binding Development Agreement
City of Winter Springs - Centex Homes
Page 1 of 3
WHEREAS, the City and Centex now desire to amend a portion of that Binding
Development Agreement related to the Residential Property, which is owned by Centex;
and
WHEREAS, the City and Centex desire to amend Exhibit "C" to that Binding
Development Agreement to change the minimum lot size requirement from 1 ,800 square
feet (20' x 90') to 1 ,700 square feet (20' x 85').
NOW, THEREFORE, in consideration of the mutual covenants and mutual benefits
herein contained, the parties agree as follows (strikeout 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 Third Modification.
2.0 Minimum Lot Size Amendment. Exhibit "C," Residential Development
Standards, is hereby amended to read as follows:
Minimum Lot size: 1,000 8.f. (20' x 90') 1,700 s.f. (20' x 85')
3.0 Recordation.
This Third 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 Third Modification shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have executed this Third Modification as of
the date first written above.
[SIGNATURE PAGE FOLLOWS]
Third Modification to Binding Development Agreement
City of Winter Springs - Centex Homes
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ATTEST:
CITY OF WINTIER SPRINGS,
a Florida municipal corporation,
By:
ANDREA LORENZO-LUACES
City Clerk
JOHN F. BUSH
Mayor
WITNESSES:
CENTEX HOMES,
a Nevada general partnership,
by: CENTEX REAL ESTATIE CORPORATION,
a Nevada corporation,
Managing General Partner
Print Name:
By:
PATRICK J. KNIGHT
Division President
Date:
Print Name:
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this _ day of , 2004,
by PATRICK J. KNIGHT, as Division President of CENTEX REAL ESTATIE CORPORATION, a
Nevada corporation, Managing General Partner of CENTEX HOMES, a Nevada general
partnership, [ ] who is personally known to me, or [ ] who has produced
as identification.
NOTARY PUBLIC
Print Name:
My commission expires:
G:\Oocs\City of Winter Springs\Development Agreements\Wagner's Curve Development\Agreements\Third_Modification_Dev_Agreement.wpd
Third Modification to Binding Development Agreement
City of Winter Springs - Centex Homes
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