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Home My WebLink AboutWinter Springs Golf, LLC Sixth Amendment to Settlement Agreement Applicable only to Tuscawilla Country Club Property - 2011 10 18 MlAW"M Iia MENt BF CIBt:AT CMU 561IIaE Cfi NTY RK OM3 Pqs 1538 - 1542; MpgO CLERK'S * 2012025Z71 RECOPIED 03/0212012 11 AT:50 AN THIS INSTRUMENT WAS PREPARED REMIN8 FEES 4kOD BY AND TO BE RETURNED TO: FECWM BY T Smith Anthony Garganese City Attorney of Winter Springs Brown,Garganese,Weiss&D'Agresta,P.A. I 11 North Orange Avenue,Suite 2000 Orlando,FL 32802 (407)425-9566 SIXTH AMENDMENT TO SETTLEMENT AGREEMENT APPLICABLE ONLY TO TUSCAWILLA COUNTRY CLUB PROPERTY THIS SIXTH kMENDMENT TO SETTLEMENT AGREEMENT is made and executed this day of October, 2011, by and between THE CITY OF WINTER SPRINGS, a Florida municipal corporation (the "City), whose address is I 126 East S.R. 434, Winter Springs, Florida 32708,and REACT LAND,LLC,a Florida limited liability company and WINTER SPRINGS GOLF, LLC, a Florida limited liability company ("Owner"), whose address is 375 Forsgate Drive, Monroe Township, New Jersey 08 83 1. WITNESSETH: WHEREAS,this Sixth Amendment to Settlement Agreement is an amendment to that certain Settlement Agreement and Amended Settlement Agreement No. 1 which are recorded at O. R. Book 3102, Page 1354 (the "Original Settlement Agreement"); as amended by that certain Second Amendment to Settlement Agreement, which is recorded at O. R. Book 3146, Page 0454; as amended by that certain Third Amendment to Settlement Agreement, which is recorded at O. R. Book 6881, Page 0235; and as amended by that certain Fourth Amendment to Settlement Agreement, which is recorded at O. R. Book 7090, Pages 844 through 850. All of said agreements are or will be recorded in the Public Records of Seminole County, Florida (sometimes, collectively referred to herein as"Settlement Agreement');and WHEREAS,the parties acknowledge that a portion of the real property identified in the Third Amendment to Settlement Agreement as Parcels "B," "D," "E" and "F" on Exhibit"A of said Amendment is no longer owned by Owners and is subject to the Fifth Amendment to Settlement Agreement between the new owner of the property, MORGRAN GREENS,LLC,a Florida limited liability company and the City. Said Fifth Amendment generally modifies the Settlement Ap�eement to authorize townhomes to be built on said property and to eliminate the 4' tennis court and club membership requirement. The Fifth Amendment to the Settlement Agreement is not binding on the Owners;and WHEREAS, Owner and the City desire to amend the Settlement Agreement so that the Settlement Agreement affecting the Owner's property is consistent with the Fifth -1 - Book77231Page1538 CFN#2012025271 Amendment to Settlement Agreement affecting Morgran Greens' property related to the issues addressed in this Sixth Amendment to Settlement Agreement;and WHEREAS, the City and the Owner have determined that it is in their mutual interest to further modify the Settlement Agreement as it only relates to Owner's Property. NOW, THEREFORE, in consideration of the recitals and other good and valuable consideration, the Owner and the City agree to modify the original Settlement Agreement as amended by the First, Second, Third and Fourth Amendments to Settlement Agreement for the Tuscawilla Country Club property as follows: 1.0 ACKNOWLEDGMENT. The Owner and the City hereby acknowledge and agree that the original Settlement Agreement, as amended by the Second, Third and Fourth Amendments to Settlement Agreement, is valid and binding upon the parties, except as modified herein. The parties agree that they have been fully informed of all matters relating to the Settlement Agreement,as amended, and intend to be bound by this Sixth Amendment to Settlement Agreement. 2.0 RECITALS. The foregoing recitals are true and correct and are hereby incorporated herein by this reference. The effective date of this Sixth Amendment to Settlement Agreement shall be the date that it is fully executed and recorded in the Public Records of Seminole County,Florida(the"Effective Date"). 3.0 The parties agree and hereby stipulate that the tennis court obligation set forth in Paragraph 3.0(a)(2) of the Third Amendment to Settlement Agreement has been fully satisfied in that no additional tennis courts are required to be constructed. 4.0 Paragraph 3.0(a)(3) of the Third Amendment to Settlement Agreement is hereby deleted. 5.0 The parties agree and hereby stipulate that the obligations set forth in Paragraph 7.0 of the Third Amendment to Settlement Agreement had been fully and completely satisfied. 6.0 The parties hereby acknowledge that the described golf course maintenance building previously located on Parcel 7 has been relocated to the Parcel 8 remainder pursuant to Paragraph 2.0 of the Fourth Amendment to Settlement Agreement. 7.0 The parties hereby acknowledge that the excavation and relocation of the sail Pursuant to Paragraph 3.0 of the Fourth Amendment to Settlement Agreement have been accomplished and fully satisfied. However, the water level in the borrow pond did not rise to the level represented in the design plans. Therefore, additional side slope landscaping shall be required to enhance the appearance of the pond as a condition of final acceptance by the City of the townhome site development on the Townhome Property legally described in the Fifth Amendment to Settlement Agreement. -2- Book7723/Page1539 CFN#2012025271 8.0 RECORDATION. This Agreement shall be recorded in the Public Records of Seminole County,Florida. IN WITNESS WHEREOF the % parties have hereunto set their hand�.. son jbe date first above written. � • ..�'p,� Signed,sealed and delivered$+� .�► '� �� ' in the presence of: CITY OF SINGS ay: Charl acey,as �. ATTEST: By ity Clerk APPROVED AS TO FORM AND LEGALITY for the use and reliance of the City of Winter Springs only. Date: �a-- T By: . - - Anthony A. Garganese City Attorney for the City of Winter Springs, Florida STATE OF FLORRA,(,,,_C~, COUNTY OF F9we"a The foregoing instrument was acknowledged before me this[ day of 2 es y, as Mayor of the City of Winter Springs, Florida, who ' Wally known t or who has produced a driver's license or identi cation card,or who has produced rA as identification. My commissi •NOWY PU NO Shft of POWs CC of o Pub is Ol! e ) An&m Lorenzoa.uaom MY Cd-Nasion EE097374 or (Print Name of Notary Public on line above) (NOTARY SEAL) -3- Book7723/Page1540 CFN#2012025271 Signed, sealed and delivered in the WINTER SPRINGS GOLF,LLC,a Florida presence of the following witnesses: limited liability company . �. By MemberManager Printed Name of Wi Date: 1 O- k3- ;2 0►N Sigr�aa sC of Wi � �� • � ►h Printed Name of W Ibum STATE OF COUNTY OF 1� The foregoinU��Mnager/Member ledged before me this day of �. l. 2011, of NVINTER SPRINGS GULF LLC, a Florida limi liability company, on behalf of said company. He is (Ljj 1 known to me or prod75PNUUb1icSE1gPnatUre3 d as identification. {NOTARY SEAL} (Print Name) Notary Public, State of Commission No.• My Commission Expires:_ '` �. ••""'•• .,. NOTARY PUBLIC OF NEVA commission CEores 4I2� -•-.,.,�: ' -4- Book7723/Page1541 CFN#2012025271 REACT LAND,LLC,a Florida limited liability Signed, sealed and delivered in the company presence of the following witnesses: By. (Nv, ,Member/Manager of�itam @ird nQeAo Printed flame of Witn s Date: V si�tatu of f -r- ✓ (c qlU 1^ - Printed llama of Witness STATE COUNTY OF l The foregoin instrument acknowledged before me this day of o 'erg( 24i i,fihn �i�•,�4 Member/Manager of REACT LAND, LLC, a Florida limited Liability company, on be of said company. He is personally to me or roduced as identification. (NOTARY SEAL) Public sivatm) (Print Name) Notary Public, State of Commission No.: My Commission Expires: "'6 r LEMIA MARINEW �i r _ NOTARY PUBUG OF NEW E }.air Com Expires 4� ' { b►t N m�sia� -5- Book7723/Page1542 CFN#2012025271