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Home My WebLink AboutMattamy (Jacksonville) Partnership - Modification of Developer's Agreement -2013 THIS INSTRUMENT WAS PREPARED BY: Mark A. Grimes, Esquire Pohl& Short,P.A. 280 W. Canton Ave., Suite 410 Winter Park,FL 32789 (407)647-7645 AND SHOULD BE RETURNED TO: Anthony Garganese, Esquire Brown,Garganese, Weiss&D'Agresta,P.A. 111 N.Orange Avenue, Suite 2000 Orlando,FL 32801 (407)425-9566 MODIFICATION OF DEVELOPER'S AGREEMENT WHEREAS, the CITY OF WINTER SPRINGS, a Florida municipal corporation (the "City"), whose address is 1126 East S.R. 434, Winter Springs, Florida 32708, and MATTAMY (JACKSONVILLE) PARTNERSHIP, a Florida general partnership ("Mattamy Homes"), whose address is 400 Park Avenue South, Suite 220, Winter Park, Florida 32789 executed that certain DEVELOPER'S AGREEMENT (the "Agreement") on July 11, 2011 and July 13, 2011, respectively, concerning that property which is referenced on Exhibit "A", which Exhibit "A" and which Agreement are incorporated by reference herein. WITNESSETH: WHEREAS, Mattamy Homes and the City have determined that certain changes to the Agreement need to be made and memorialized by a written instrument between the parties. WHEREAS, the City Commission has recommended entering into this Modification of Developer's Agreement with Mattamy Homes for the development of the Project as set forth in the Agreement; and WHEREAS, in addition to Mattamy Homes' compliance with the City Land Development Code and the City Town Center District Code (together the "Code"), permitting and construction not in conflict herewith, the City and Mattamy Homes desire to set forth the following additional special terms and conditions with respect to the development and operation of the Project. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein,the parties mutually agree as follows: Modification of Development Agreement Mattamy(Jacksonville)Partnership/City of Winter Springs Page 1 of 5 1. Recitals. The foregoing recitals are true and correct and are hereby incorporated herein by this reference. 2. Authority. This Modification of Developer's Agreement (the "Modification") is entered into pursuant to the Florida Municipal Home Rule Powers Act. 3. Obligations and Commitments. In consideration of the City and Mattamy Homes entering into this Agreement,the City and Mattamy Homes hereby agree as follows: A. Section 3(e) of Agreement. Subsection (e) of Section 3 of the Agreement is hereby deleted in its entirety, and the following Subsection (e) of Section 3 is hereby substituted in its place: Buffer Walls and Fences; Trail Access. Notwithstanding the requirements of Section 20-417 of the Code, Mattamy Homes shall install (i) two (2) pedestrian access points to the Seminole County trail along the southerly boundary line of the Property, and (ii) a six (6) foot tall wrought iron or similar fence along the western boundary of the Property. The foregoing fence shall be erected as soon as reasonably practical and prior to any permanent vertical construction for the Project. Notwithstanding the foregoing to the contrary, access will be available at all times for emergency vehicles. All pedestrian access points to and from the Seminole County Trail shall be dedicated to the City on the Final Plat, and any Project gates will remain unlocked. B. Section 3(g) of Agreement. Subsection (g) of Section 3 of the Agreement is hereby deleted in its entirety, and the following Subsection (g) of Section 3 is hereby substituted in its place: (g) Sidewalks. All sidewalks shall comply with the Code (minimum six (6) feet) except the sidewalk to be located around the lake and to the pedestrian access located at the southwest corner of the Property as depicted on the Conceptual Plan shall be a minimum of eight(8) feet in width. Further, a twenty (20) foot emergency stabilized path shall be constructed at the southwest corner of the Property through a gate that will allow access to and from Central Winds Park which shall be stabilized to facilitate emergency vehicle access. In addition, the Declaration shall establish easement rights in favor of the Homeowners' Association to permit sidewalks to extend into individual townhouse lots as depicted in the Conceptual Plan. 4. Special Effective Date; Termination, Escrow and Recording Provisions. This Modification is subject to the same special effective date, termination, escrow and recording provisions as set forth in Paragraph 21 of the Agreement. All provisions of the Agreement not modified by this Modification shall remain in full force and effect. Modification of Development Agreement Mattamy(Jacksonville)Partnership/City of Winter Springs Page 2 of 5 IN WITNESS WHEREOF, the parties have hereunto set their hands and seal on the date first above written. CITY OF WINTER SPRINGS j/. By: aries t:- ;; )1c or ATTEST: B, : 1 Alli'AO 101 orenzo Luaces, City Clerk APPROVED AS TO FORM AND LEGALITY For the use and reliance of the City of Winter Springs,Florida,only. CITY SEAL Dated: By: Anthony Garganese, City Attorney for the City of Winter Springs,Florida STATE OF FLORIDA COUNTY OF SEMINOLE Personally appeared before me, the undersigned authority, Charles Lacey and Andrea Lorenzo Luaces, well known to me to be the Mayor and City Clerk respectively, of the City of Winter Springs, Florida, and acknowledged before me that they executed the foregoing instrument on behalf of the City of Winter Springs, as its true act and deed, and that they were duly authorized to do so. Q d"t Witness my hand and official seal this ttay of ,k..- , 2012. (NOTARY'. " - - 1_,, eil Notary Public State of Florida Andrea Lorenzo-Luaces • lC My Commission EE087674 My commission expires: ( o a Expires 06/09/2016 Y ` ` Witnesses: Modification of Development Agreement Mattamy(Jacksonville)Partnership/City of Winter Springs Page 3 of 5 MATTAMY (JACKSONVILLE) PARTNERSHIP, a Florida general partnership l By: CALBEN (FLORIDA i CORPORATION, a Flori• , corporati. , its I IP„ / general pat s-=na . ...A. •A A—A, AillilliNalti i 'ri t ► r�_ ��• INAga1.4 ! B =lir Parker, Presideri ,_21[41%,. 01 4 Print Name: 1146-gC_% O By: MBC (FL• 'IDA, CORP• ' • TION, a ) / Florid-. .or ton, it _ = .1 .: ner Adllial■ A. 'rin 1 e: ir /11010a791 ' B - . Park-r, Preside t _ .. 1, I. ,.... ....,ff. 4p Print Name: a I ' 19a7 __, STATE OF FLORIDA COUNTY OF ORANGE The foregoing was acknowledged before me this day of , 2012 by Steven A. Parker, in his capacity as President of Calben ( lorida) Corporation, and in his capacity as President of MBC (Florid ) Corporation, each in its respective capacity as general partner of Mattamy (Jacksonville) rtnership, a Florida general partnership, on behalf of said general partnership, and who is personally known to me or [ ] who has produced a Florida driver's license as identification. / iAR..� • ALA. . .- OTAR' ' :LI i My Commission Expires: ;�k'i��.; : SE :MBERLY M.CHARLES = :•" .Z; EXPIRES idovembor 48,201 �'��n. F1o:kleNo�eq'Serv�ce.aom (4071998-0163 Modification of Development Agreement Mattamy(Jacksonville)Partnership/City of Winter Springs Page 4 of 5 EXHIBIT "A" Legal Description Parcel 1: Lot 15, Block B, D.R. MITCHELL'S SURVEY OF THE LEVY GRANT, as recorded in Plat Book 1,Page 5, of the Public Records of Seminole County, Florida. Parcel 2: Lot 16, Block B, D.R. MITCHELL'S SURVEY OF THE LEVY GRANT, as recorded in Plat Book 1, Page 5, of the Public Records of Seminole County, Florida. Page 5 of 5