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HomeMy WebLinkAboutWinter Springs Golf, LLC (formerly Florida Country Clubs, Inc - now Morgran Greens) Second Amendment to Settlement Agreement - 1996 09 30 u avAyHE MI�RSE. SEMINJJLt :,„��„ 4. ,., RECORDED & VERIFIED Ry, OF CIRCUIT COURT 903590 96 OCT 2 bh $= 09 SECOND AMEMMENT TO N RE ME T THIS SECOND AMENDMENT TO ,SETTLEMENT AGREEMENT (the "Second Amendment"),is made and entered into this2-fday of �' , ;e� ��'<. 19%�, by and t:a between FLORIDA COUNTRY CLUBS,INC.,a Florida corporation("FCCI")and THE C106V— OF WINTER SPRINGS, FLORIDA, a Florida municipal cr.rporation(the "CITY"). WITNESSETH r l'7 rn WHEREAS,on or about May 5, 1992 the CITY and FCCI did reach the terms of a settlement© 7 o through mediation of Case No. 91-2244-CAC, FCCI v. CITY in the Circuit Court for SemirtoleLn County, Florida(the "Court");and %1HERFAS,on or about June lb, 1993, FCCI and the CITY did execute ajid enter into.hat certain.+ettlement Agreement(the"Settlement Agreement"), now on file with thy.Court; and WHEREAS, 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 file with the Court amending the Settlement Agreement;and WHEREAS. 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, 1995, that are incorporated herein by referisnce. NOW, THEREFORE, in consideration of the recitals and other good and valuable conside•-ition, FCCI and the CITY agree to modify and clarify the mediated settlement of Mr y 5, 7 1992,tt4:Settlement Agreement and the First Amendment as follows. 1. The parties acknowledge and agree that the Settlement Agreement as amended by the 1✓ First Amendment and this Second Amendment is valid and binding upon the parties, except as ( specifically modified herein. The parties agree that they have been fully informed of all matters 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 he replaced and substituted by the following: "(b) FCCI has not as yet completed the preliminary engineering for the lots depicted on the Conceptual Plans for Parcels 7 and 8. Parcels 7 and 8 are those described more fully in Exhibit "A" attached hereto and incorporated m f 5 herein. FCCI may increase the number and/or reduce the size of lots located in Parcels 7 and 8(the parcel bounded by the l Oth fairway, i 8th fairway 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 ed- said lots can be developed in accord with applicable City Codes, andte.v— -n and/or Federal laws or regulations. The City shall promptly process, rewvAn xE2 and present to the City Commission for its approval or disapproval $1ch " modifications to the Conceptual Plans (as well as preliminary and gal m engineering and plats) for each of such parcels as and when submittdPb3O= ,c") FCCI. As provided in the Settlement Agreement, the tei-n "Developplbn �o Property" shall hereafter be deemed to include the following: (a) the landr,n 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 fairway, ISth 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 "Woodstream" shall be part of Woodstream Unit 2 Development and shall be considered "Development Property". 4. All other terms of the Settlement Agreement and the First Amendment not modified herein shall remain in full force and effect_ SIN WETNESS_ WHEREOF, FCCI and the CITY have executed this Second Amendment as of �.%`, _ l-i 1996. Witnesses: FLORIDA COUNTRY CI BS,INC., - a Flori�corporation `L Dy— Witnesses: THE CITY J)P11 ± KTFR SPRINGS, FL 1 LiFlbrnda mt hictpal-corporation w1"Vro P� �a +` / w"waw�� Thot Part of Lots 5, 6, 7, and 8, THE EAST PART OF PHILIP R. YOVGE GRANT - SOUTH PART, as Recorded in Plat Book I. Page 38, of the Publle Records of SEMIN&E County, Florida, lying in Section 7, Township 21 South, Range 31 East, Seminole County, Florida and baying more particularly described as fdlows. Commence of the the most Southerly Comer of Lot 59, FOX GLEN AT CHELSEA PARC, TUSCAWILLA, as Recorded in Plat Book 49, Pages 78 thru 81. of the Public Records of Seminole County, F7orlda; thence nun N 6571'45' W, 105.09 feet along the SouhmIrly line of Lots 59 and TRACT "A" of said FOX GLEN AT CHELSEA PARC, 1USCA A,Tor Oman Point of Beginning; thence leaving said FOX GLEN AT CHELSEA PARC, WSCA A,JM-n 1M N 8771'25 W. 430.66 feet, thence N 81'4842' W, 624.93 feet; thence N 00 24��E, n 570.00 feet to the Southerly line of Winter Springs Boulevard; thence S 898 ' E, 629.80 feet alongsaid Souther! line of Whnter y Springer Boulevard to the point curvature of.a curve concave Southerly having a Radluz of 2292.44 feet, thenr^ run r*1 Easterly 655.70 feet along the Arc of said curve, through a Central Angle of W2.3=" _ c') to the most Northerly comer of Lot J8, CHELSEA PARC AT TUSCAMLLA PHASE4 riieorde�g in Plat Book 46, Pages 64 and 65 of the Public Records of r Ln yQ Exhibit"A" Seminole County, Florida; thence leaving the Southerly right of way of Winter Sprinort Parcel 07' Boulevard run along the Westerly line of said CHELSEA PARK AT TUSCAWILLA PHASE /I through the following courses and distances. S 2910742" W 14.49 feet; thence S 17'37'28' E, 70.78 feet; thence S 3617755" W, 67.49 feet; thence N 767655" W. 72.69 feet; thence S 515949" W, 77.50 feet; thence S 2275'15" W. 14800 feet to the most Northerly Corner of Lot 1J CHELSEA PARC AT TUSCAWILLA PHASE 1, recorded in Plat Book 45, Pages 82 and 83 of the Public Records of Seminole County, Florida; thence leaving the Westerly line of said CHELSEA PARK AT TUSCAWILLA PHASE It run 2275'15" W; 128.24 feet along the Westerly line of Lots 11. 12, and 13 of said CHELSEA PARC AT TUSCAWILLA PHASE 1,• thence S 0171205" E, 20.29 feet along the Westerly line of said Lot 11 to the Northwest corner of Lot 60 of said FOX GLEN AT CHELSEA PARC, TUSCAWILLA; thence S 01*02'05" E. 94.59 feet along the Westerly line of Lot 60 and Tract A' of said FOX GLEN AT CHELSEA PARC, TUSCAWILL A to the paint of curvature of a curve concave Northeasterly having a Radius of 55.84 feet, and a Central Angle of 64109'40', thence run Southeasterly 62.53 feet along the Arc of said curve, to the Point of Beginning. Containing 701179.073 Square Feet =16.097 Acres more or less Exhibit"A" Parcel "B' , That part of Lot 31 GARDENA FARMS recorded r eat Boo■ 6. Vsges 33 a.•v 74 -r ttr Pua.c Records of Seminole County, Florida and Also that Part of ots 5 a. 9, 10 and il, THE EAST PART of PHILIP R.TONGE GRANT, SOUTH PART, recorded in Plat Book Page 38 of the Public Records of Seminole County, Florida +ging in Section 7, Township 21 South. Range 31 East. Seminole County. Florida and being more portieulaHy described as follows: Begin at the Northeast comer of ARROWHEAD AT TUSCANALLA - UNIT 2. as recorded in Plot Book 48, Pages 52, 53 and 54 of the Public Records of Seminole County, Florida, said comer also being the Northeast comer of Tract "C' of said ARROWHEAD AT TUSCAWILLA - UNIT 2: thence S 00'03'17" W. 335.25 feet along the most Easterly line of said ARROVMi£AD AT TUSCAVALLA - UNIT 2 to a Point of Intersection on the Easterly line of Lot 17 of said ARROWM.EAD AT TUSCAWILLA - UNIT 2; thence S. 42'31'59" W. 59.00 feet along the Southeasterly fine of said Lot 17; thence leaving said Southeasterly line of Lot 17 run S 71'54'32' E. 163.52 feet; thence S 12'349'43' E, 138.02 feet; thence S 50'04'02" W. 207.02 feet: thence S 3957,6' W. 264.58 feet; thence S 60'54'07" W, 122.59 feet; thence S 8433'45' if412.16 feet. thence S 73'36'11' W. 258.36 feet to the Northeasterly . Right of way line of Augusta National Boulevard. as recorded in COUNTRY CLUB VILLAGE UNIT ONE, recorded in Plat Book 22. Pages 4, 5 and 6 of the Paiblic Records of Seminole County. Florida thence S 541179'23' E. 141.80 feet along said Northeasterly Right of Way line to a Point of Curvature of a curve concaved Southwesterly having a radius of 67.62 feet, and a Central Angle of 58'50'48', thence run Southeasterly 69.45 feet along the arc of said curve to the Point of Tongancy. thence S 04'41'25' W. 58.94 feet along, said Right of Way line; thence leaving said Easterly Right of Way lire of Augusto National Boulevard run S 54'05'37' E. 90.06 feet clong the Easterly fine of said COUNTRY CLUB VILLAGE UNIT ONE, thence S 31'45'52 E. 392.79 feet along the Easterly line of said COUNTRY CLUB VILLAGE UNIT ONE to the most Easterly corner of said COUNTRY CLUB VILLAGE UNIT ONE, said most Easterly corner also being the most Northerly corner of Lot 170, COUNTRY CLUB VILLAGE UNIT THREE, recorded ;n Plat Book 25. Pages 33. 34, 35, 36 and 37 of the Public Records of Seminole County. Florida; thence leaving said COUNTRY Cl-ua VILLAGE UNiT ONE. run S 31'45'52' E. 709.49 feet along the Northeasterly line of said CCVNTRY CLUB VILLAGE UNIT THREE. said line also being the Westerly ;ine of the 110.00 foot wide Florida Power and Light Company Easement recorded in Official Records Book 183, Poqe 130 of the Public Records of Seminole County. Florida; thence leaving said COUNTRY CLUB VILLAGE UNIT THREE continue S 31'45'52' E. 416.14 feet along said Westerly :ine of 110.00 foot wide Florida Power and Light Company Easement; thence leaving said Westerly line run N 58'14'08 E. 110.00 feet to the Easterly line of said 110.00 foot wide Easement, said line also being the Northwesterly line of Lot 173. GREENBRIAR SUBDI'ASION PHASE 2, recorded in Plat Book 40. Pages 42. 43 and 44 of the Public Records of Seminole County, Florida; thence N 31'45'52 W. 100.00 feet along the Easterly line of said 110.00 foot wide Florida Power and Light Company Easement, said Easterly line also being the Northwesterly line of said Lot 173, to the approximate center tine of Howell Creek; thence leaving said Easement run along the approximate center line of Howell Creek, said center line being the Northwesterly line of sold GREENBRIAR SUBDIVISION PHASE 2. through the fallowing Courses and Distances: N 55'48'42' E. 39.24 feet; N 13'57'00' E. 100.44 feet; S 65'42'48' E. 53.92 feat; N 161M'27' E. - 61.62 Net: N 29V4'00' W. 34.04 feet; N 84-28'41' E. 93.38 feet; N 40'40'42' E. 61.2a feet; N 1090'05' E. 55.13 feet; N 81'28'42' E. 61.22 feet; N 02'38'26' W. 56.84 feet; N 31'48'19' E. 91.69 feet; N 28'09'35' W. 65.08 feet; S 76'52'16' E. 74.79 feet: N 40M1'25' E. 33.410 feet; N 40'43'04' W. 40.96 feet; N 07'08'54' E. 47.03 feet; S 5090'05' E. 90.x1 feet; N 0390'47' E. 47.03 feet. N 36'46'05' E. 64.25 feet to the most Northerly comer of Lot 110 of said GREENBRIAR SUBDIVISION PHASE 2; thenc4 loving said GREENBRiAR SUBOIV1SION PHASE 2 continue along the approximate center line of Howell Creek through the follow'alg Courses and Distances: N 36'43'58' E, 89-62 feet. N 75'04'13' W. 64.48 feet; N 22'38'04' S. 49.01 feet; N 77'37'09' E. 64.48 feet; thence leaving the approximate center line of Howell Creek run N 0692'45' W, 339.79 feet; thence N 72'44'55 W. 50.00 feet; thence S 3517'44" W. 320.00 feet; thence S 8992'35' W. 300.00 feet; thence S 0313'42' E, 316.42 feet; thence ; 21'30'33' W. 90.14 feet; thence S 55'26'41' W. 70.00 feet, thence N 80'58'54' W. 70.00 feet: thence N 18102'14' W. 385.G8 feet; thence N 03'06'08' W. 201.99 feat; N 1390'37' E, 130.96 feet; thence N 41'35'59' E. 685.09 feet; thence N 39'4811' W. 146.50 feet; thence N 2295'27' E. 102.11 feet; theme N 1310'27' W. 160.86 feet; thence N 11'49'03' E. 220.38 feel; thence N 29'57'02' W. 192.23 feet. thence N 28'27'54" W, 111.15 feet to the South Right of Way of Winter Springs Boulevard; thence N 8954438' W, 149.(x7 feet along Said South Right of Way to the Point of Beginning. i Containing: 1.315,294 Square Feet (more or less) - 30.195 Acres (more or less) f , 1 ' 1 F IT S • CDC) 5-4 f CEO-" � 1 � rn I O Q !7 j' 1 3a i r— U'1 ?p a c fill caw.•• � � �� ♦ s i+w�.' 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