HomeMy WebLinkAboutTab 30 Moss Road, LLC.pdfTHIS INSTRUMENT WAS PREPARED BY:
Moss Road LLC
738 Rugby Street
Orlando, Florida 32804
(407) 540-1500
AND RETURN TO:
Anthony A. Garganese, City Attorney
Brown, Garganese, Weiss & D'Agresta, P.A.
PO BOX 2873
--- 'Orlando, Florida 32802
DEVELOPER'S AGREEMENT
MARYMNE 1 ORSkE. IIERK W k1NUU1T C R',
SEMINOLE CtA TY
Bh' 05 7 B7 FOGS 1180-1187
CLERK'S 1h 2005108018
a 8018
RECORDED OV2-9/2105 09:L2-a45 FN
RECMIN6 FEES 69.50
WC-1IHDED BY t holden
THIADE' OPER'SAGREEMENT (the "Agreement") is made and executed this
day o 2005, by and between the CITY OF WINTER SPRINGS, a Florida
municipal co (the "City"), whose address is 1126 East S.R. 434, Winter Springs, Florida 32708,
and MOSS ROAD, LLC, a Florida limited liability company, whose address is 738 Rugby Street,
Orlando, Florida 32804.
WITNESSETH:
WHEREAS, Moss Road LLC is the fee simple owner of certain real property located within the
City in Seminole County, Florida and more particularly described in Exhibit "A" attached hereto and
incorporated herein by this reference (the "Property"); and
WHEREAS, Moss Road LLC intends to develop the Property as an International Business
Office Park complex; and
WHEREAS, subject to the approval of the City Commission, Moss Road LLC desires to facilitate
the orderly development of the Project on the Property as depicted in the certain site submittal Plan for
Moss Road LLC - City of Winter Springs, Florida prepared by Madden Engineering, Inc. under Job No.
24 i 69, dated Apt d 2 2005; artd
WHEREAS, the City Commission has recommended and Moss Road, LLC has voluntarily
agreed to enter into this Agreement for the development of the Project; and
WHEREAS, in addition to Moss Road LLC compliance with the City Land Development Code
(the "Code"), permitting and construction not in conflict herewith, the City and Moss Road LLC desire to
set forth the following special terms and conditions with respect to the development and operation of the
Project (the "Plans").
NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein.
the parties mutually agree as follows:
Developer's Agreement
City of Winter Springs and Moss Road, LLC.
Page 1 of 6
Recitals. The foregoing recitals are true and correct and are hereby incorporated herein by
this reference.
2. Authority. This Agreement is entered into pursuant to the Florida Municipal Home Rule
Powers Act,
3. Oblations and Commitments. In consideration of the City and Moss Road LLC entering
into this Agreement, the City and Moss Road LLC hereby agree as follows:
(a) Formation of Professional Office Association. Moss Road LLC hereby acknowledges and
agrees that it intends to form a mandatory professional office association (the "International Business
Office Park Association") for purposes of maintaining any and all common areas, signage, parking lots
and paved access areas, dumpster enclosure, sidewalks, landscaping & irrigation, walls, fences, and
stormwater drainage facilities associated with Lot 1 & Lot 2. A separate Declaration of Covenants,
Conditions and Restrictions (the "Declaration") will be executed and recorded among the Public Records
-of .Seminole County, Florida to evidence the formation of the Professional Office Association and
establish its rights, duties and obligations.
(b) Buffer Walls and Fences. As noted on the Plans, Moss Road LLC shall install a six (6)
foot tall decorative masonry wall along the southern boundary line of Lot 1 according to the requirements
of Section 20-485, at the time when the existing storm water retention pond is modified to accommodate
the proposed new buildings on Lots 1 and 2. The Plans do not require the alteration of existing walls. A
new four (4') foot black -coated chain link fence shall replace the existing chain link fence and shall
extend to the masonry wall, fully enclosing the modified retention pond. The existing posts will remain in
their current location and be painted black, so that there is no additional impact to the existing trees;
however, the rails and fence fabric will be replaced with black coated chain link material. A ten-(10')
foot wide gate opening will be provided. No wall will be required between Lot 1 & Lot 2.
(c) Signage. The City hereby acknowledges and agrees that Moss Road LLC shall have the
right, upon the full execution of this Agreement, to erect one construction sign as described in Section 20-
486(10) of the Code in a location acceptable to the City which shall be permitted to remain for a period of
twelve (12) months from the date hereof. Moss Road LLC shall have the right to erect permanent project
identification signage at the main entrance to the project and at the entrance on Moss Road. The main
entrance signage shall consist of lettering attached to the existing 4'x 8' monument sign, spelling
"International Business Park" and may include the individual names of any tenants. The secondary
entrance signage shall be sized to match the main entrance signage. Lot 2 may have it's own separate
monument sign located no closer than 200 feet from any other Moss Road LLC sign, not to exceed six (6)
feet in height. New signage shall be constructed no closer than 10 feet from the property line. Copy area
shall not exceed thirty-two square feet per side for each sign. Landscaping shall be incorporated around
the base of each monument sign. The project shall have no more than thece (3) permancnt signs. T h'
International Business Office Park Association shall maintain all signs in a good condition and state of
repair.
(d) Reimbursement for Sewer Lines. The sewer line depicted on the Plans will be conveyed
to the City along with an easement that is acceptable to the City Attorney. The parties acknowledge that
the sewer line may benefit adjacent and surrounding property owners in the future in the event said
property owners are required to hook up to said sewer line. In the event adjacent or surrounding property
owners hook up to the sewer line, the City agrees to charge said property owners a fee equal to a pro rata
share of Moss Road LLC's actual cost of constructing the sewer line. The actual construction cost shall
be approved by the City at the time the City performs a final inspection of the sewer line and accepts a
bill of sale for the sewer line. Moss Road LLC shall be required to submit to the City an engineer's
certificate evidencing the actual construction cost. Said cost shall be reasonable and based only on Moss
Road LLC's actual out-of-pocket expenses. Any pro rata payment shall be determined by the City at the
Developer's Agreement
City of Winter Springs and Moss Road, LLC.
Page 2 of 6
time any adjacent or surrounding property owner hooks up to the sewer line and shall be based on the
historical sewer flows on the Property, estimated sewer flows for the any property hooking up to the
sewer line, and the possibility that other property owners may hook up to the sewer line in the future. The
City will require that the pro rata payment be made at such time the property receives a building permit or
such other time that is consistent with the City's utility policies.
(e) Building Setbacks and Building Height. Lot 2 front setback off of SR-434 shall be per the
City Code. Side yard setbacks for Lot 1 & Lot 2 shall be 10 feet as allowed in the SR 434 Overlay
District. Along the west side of the new office buildings, a minimum landscaped area of five (5) feet
shall be maintained rather than the 10 feet required in Section 20-484(15). The building height for any
two (2) story buildings shall not exceed thirty-five (35) feet in height as permitted in the SR 434 Overlay
district.
(f} Sidewalks. The City hereby agrees that all internal sidewalks within the Project shall be
five (5) feet in width in accordance with Section 20-484(12) of the Code. In addition, the Declaration
shall establish easement rights in favor of the International Business Office Park Association to permit
sidewalks to extend into individual buildings as depicted in the site plans.
(g) Platting. Moss Road LLC shall be required to plat the Property in accordance with
Section 9-75 of the Code. The plat shall be recorded prior to the issuance of a building permit for
construction of either of the new buildings on Lot 1 or Lot 2, as required in Section 9-178 of the Code.
(h) Stormwater Pond Maintenance. The City hereby agrees that the Professional Office
Association shall be required to maintain the stormwater pond per the requirements of the SJRWMD and
the City.
(1) Moss Road LLC shall brick -in the front garage area and shall also screen the mechanical
area on the rear of the building, from SR 434, with a 6' masonry wall, when site development or building
construction begins. Moss Road LLC shall modify Lot 1 parking lot, including the additional
landscaping as shown on the site plan at such time as construction begins on either Lot 1 or Lot 2.
0) Lot 1 and Lot 2 shall have blanket cross parking and cross access/egress easements over
each other's lots for the parking areas and storm water areas. Modification of the Lot 1 stormwater pond
shall take place concurrent with building construction on either Lot 1 or Lot 2.
(k) The stormwater ten (10) foot wide stabilized maintenance berm required in Section 9-
241(d)(3) is not required given that the retention area is adjacent to a parking lot.
(k) One shared bicycle parking rack will be required for Lots l and Lot 2.
(1) Moss Road LLC will comply with the landscape screening requirement for the existing
parking lot area as well as the new parking [see Section 20-484 (11) which states that "all
parking areas and vehicular use areas to be screened from public ROW"]. The two (2) trees
that exist between the parking lot and the new buildings on Lot 1 and Lot 2 may be affected
by the proposed construction. Should these two (2) trees not survive during construction
Moss Road LLC agrees to recalculate the tree removal permit. The sidewalk will jog around
these trees, reducing the landscape area next to the building to less than five (5') feet. Rather
than the required ten (10') foot landscape area on the west side of the new buildings, only a
seven (7') foot landscape area will be required.
Developer's Agreement
City of Winter Springs and Moss Road, LLC.
Page 3 of 6
(m) The code provisions for a landscape island for every ten (10) continuous parking spaces shall
be complied with except in one instance (on the rear side of the existing building) which has
twelve (12) continuous spaces.
(n) A twenty-four (24) foot wide cross access easement along with a utility easement to the east
adjacent undeveloped lot shall be provided on the plat.
(o) Both the existing and the addition to the existing irrigation system will utilize reclaimed
water.
4. Representations of the Parties. The City and Moss Road LLC hereby each represent
and warrant to the other that it has the power and authority to execute, deliver and perform the terms and
provisions of this Agreement and has taken all necessary action to authorize the execution, delivery and
" performance of this Agreement. This Agreement will, when duly executed and delivered by the City and
Moss Road LLC and recorded in the Public Records of Seminole County, Florida. constitute a legal. valid and
binding obligation enforceable against the parties hereto and the Property in accordance with the terms and
conditions of this Agreement. Moss Road LLC represents that it has voluntarily and willfully executed this
Agreement for purposes of binding the property to the terms and conditions set forth in this Agreement.
5. Successors and Assigns. This Agreement shall automatically be binding upon and shall
inure to the benefit of the City and Moss Road LLC and their respective successors and assigns. The terms
and conditions of this Agreement similarly shall be binding upon the Property and shall run with title to the
same.
6. Applicable Law. This Agreement shall be governed by and construed in accordance with
the laws of the State of Florida.
7. Amendments. This Agreement shall not be modified or amended except by written
agreement duly executed by both parties hereto (or their successors or assigns) and approved by the City
Commission.
8. Entire Agreement. This Agreement supersedes any other agreement, oral or written, and
contains the entire agreement between the City and Moss Road LLC as to the subject matter hereof.
9 Severability. If any provision of this Agreement shall beheld to be invalid or unenforceable
to any extent by a court of competent jurisdiction, the same shall not affect in any respect the validity or
enforceability of the remainder of this Agreement.
10. Effective Date. This Agreement shall become effective upon approval by the City
Commission and execution of this Agreement by both parties hereto.
11. Recordation. This Agreement shall be recorded in the Public Records of Seminole County,
Florida.
12. Relationship of the Parties. The relationship of the parties to this Agreement is contractual
and Moss Road LLC is an independent contractor and not an agent of the City. Nothing herein shall be
deemed to create a joint venture or principal -agent relationship between the parties and neither party is
authorized to, nor shall either party act toward third persons or the public in any manner, which would
indicate any such relationship with the other.
13. Sovereign Immunity. Nothing contained in this Agreement shall be construed as a
Developer's Agreement
City of Winter Springs and Moss Road, LLC.
Page 4 of 6
waiver of the City's right to sovereign immunity under Section 768.28, Florida Statutes, or any other
- limitation on the City's potential liability under the state and federal law.
14. City's Police Power. Moss Road LLC agrees and acknowledges that the City hereby
reserves all police powers granted to the City by law. In no way shall this Agreement be construed as
the City bargaining away or surrendering its police powers.
15. Interpretation. The parties hereby agree and acknowledge that they have both
participated equally in the drafting of this Agreement and no party shall be favored or disfavored
regarding the interpretation to this Agreement in the event of a dispute between the parties.
16. Permits. The failure of this Agreement to address any particular City, county, state,
T and/or federal permit, condition, term, or restriction shall not relieve Moss Road LLC or the City of the
necessity of complying with the law governing said permitting requirements, conditions, term, or
restriction.
17. Third -Party Rights. This Agreement is not a third -party beneficiary contract and shall
not in any way whatsoever create any rights on behalf of any third party.
18. Specific Performance. Strict compliance shall be required with each and every
provision of this Agreement. The parties agree that failure to perform the obligations provided by this
Agreement shall result in irreparable damage and that specific performance of these obligations may
be obtained by a suit in equity.
19. Attorney's Fees. In connection with any arbitration or litigation arising out of this
Agreement, the prevailing party shall be entitled to recover reasonable attorney's fees and costs through
all appeals to the extent permitted by law.
20. Development Permits. Nothing herein shall limit the City's authority to grant or deny
any development permit applications or requests subsequent to the effective date of this Agreement.
The failure of this Agreement to address any particular City, County, State and/or Federal permit,
condition, term or restriction shall not relieve Moss Road LLC or the City of the necessity of
complying with the law governing said permitting requirement, condition, term or restriction. Without
imposing any limitation on the City's police powers, the City reserves the right to withhold, suspend,
or terminate any and all certificates of occupancy for am building or unit if Moss Road LLC is in
breach of any term and condition of this Agreement.
Developer's Agreement
City of Winter Springs and Moss Road, LLC.
Page 5 of 6
IN WITNESS WHEREOF, the parties have hereunto
set their hands and seal on the date first above written. •• ' •'�``_ ' ,
.� �
CITY OF W-l`f'tk SDI N' CJS
1 C>
BY: � gyp: , A .� � ��t � •4v
la F. %s1r, mayt}r „.-
.ATTEST:
B`v'
� Lorenzo Luaces, City Clerk
ej APPROVED AS TO FORM AND
LEGALITY
For the use and reliance of the City of
Winter Springs, Florida, only.
Dated: t
By:
thony rganese, City Attorney for
the City of Winter Springs, Florida
MOSS RO LC. -�-'
Developer's Agreement
City of Winter Springs and Moss Road, LLC.
Page 6 of 6
WITNESSES:
Prited ame' d �; �[ - _
Printed Name: ,]4_ Le r M ► Z,Legj2j-
STATE OF FLO . DA )
COUNTY O
The f egoing instrument wLt!'
nowIed e1 before me thisLWday of 2005
E. as �JIL-f of Moss Road, LLC, aIorida limited
liabili ompany, [ who is personall kn to me or [ ] has produced
as identification. /111
H 19O.Ma.....aa..a.... 1.*.. H.9.a aaH.a.e
MSELISSA ALBRECHT �
'
C n" D00363OW
Mgr r
Expves 12114l2M
r� �,
�ryGF R
sorwed owu (ao4)432-425ii
n ,+
Fbntle Notary /1WL, Inc
Printed Name
W Commission Expires., bee-- 66
Developer's Agreement
City of Winter Springs and Moss Road, LLC.
Page 7 of 7
LEGAL DESCRIPTION
A parcel of land comprising portions of Lots 52 and 53, Block "D", D.R.
Mitchell's Survey of The Levy Grant on Lake Jessup, as recorded in Plat Book
1, Page 5. Public Records of Seminole County, Florida.
Being more particularly described as follows;
BEGIN at the point of intersection of the Southerly right—of—way line of
State Rood No. 434 and the Easterly right—of—way line of Moss Road;
thence run North 45'47'24" East along said Southerly right—of—way fine of
State Road No. 434 for a distance of 13.94 fdet; thence continuing along
said Southerly right—of—woy line run South 88'25'02" East for o distance of
540.17 feet to a point on the Easterly line of Parcel 2 of subject property
per Official Records Book 4888, Page 1713 of aforesaid Public Records of
Seminole County, Florido; thence departing said Southerly right—of—way line
run South 00'00'07" East along said Easterly line for a distance of 260.10
feet; thence departing sold Easterly line run North 88'25'02" West for a
distance of 200.03 feet; thence run North 00'01'20" West -for a distance of
20.05 feet; thence run South 89'58'40" West for a distance of 350.00 feet;
thence run North 00'00'00" East for a distance of 239.86 feet to aforesaid
POINT OF BEGINNING.
Contains 3.161 acres more or less.
N
�
�h
SITE
Exhibit "A"
IN111NMINIIINMMN1NNlIMNNN1�N111NifNNN11N�
Prepared by and Return to:
Katherine W. Latorre, Esq.
City of Winter Springs Assistant City Attorney
Brown, Garganese, Weiss & D'Agresta, P.A.
225 E. Robinson Street, Suite 660
P.O. Box 2873
Orlando, FL 32802-2873
(407)425-9566
MRYMW )M", CLERK OF CIRCUIT txltlr}T
Sk11IM)LF t wry
SK 06177 Pqs 0384 - 3861 (3Pgs)
CLERKS S tl 2("CK9157
RE-UiKiiED 03l28 EM 10ON14 AN
RET± MINB FEES 27.00
RELWOk.b BY L Woodley
FIRST MODIFICATION TO DEVELOPER'S AGREEMENT
THIS FIRST MODIFICATION TO DEVELOPER'S AGREEMENT ("First
Modification"), made and executed this Xvday of March, 2006, by and between the CITY OF
WINTER SPRINGS, a Florida municipal corporation ("City") whose address is 1126 East State
Road 434, Winter Springs, Florida 32708, and MOSS ROAD, LLC, a Florida limited liability
company, whose address is 738 Rugby Street, Orlando, Florida 32804.
WITNESSETH:
WHEREAS, the City and Moss Road, LLC entered into a Developer's Agreement dated
June 7, 2005, and recorded in Official Records$ook 05787, Page 1180, of Seminole County, Florida
(the "Agreement"); and
WHEREAS, the parties desire to modify the Agreement to allow Moss Road, LLC to install
a fixed panel of storefront windows on the existing building, as well as install a masonry screening
wall adjacent to the rear of the building; and
WHEREAS, the parties acknowledge and agree that all other terms and conditions of the
Agreement not expressly modified by this First Modification shall remain in full force and effect.
NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements
set forth and other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the parties agree to modify the Agreement as follows:
1.0 Recitals. The foregoing recitals are hereby incorporated herein by this reference and
deemed a material part of this First Modification.
2.0 Modification. The City and Moss Road, LLC agree that Section 3(i) of the
Agreement shall be modified as follows: underlined type indicates additions and strikeout type
indicates deletions):
"(i) Moss Road LLC shall install a fixed panel of storefront windows on the front of the
FIRST MODIFICATION TO DEVELOPER'S AGREEMENT
CITY OF WINTER SPRINGS / MOSS ROAD, LLC
Page l of 3
most westerly building, located on the Southeast corner of Moss Road and State Road 434 where
the garage area of the building currently exists. Further Moss Road LLC shall add a maso
screening wall ad'acent to the rear of the building which will extend in height a minimum of ei ht
inches $" over the toR of the equipment to be screened and shall be finished in either stucco or
brick to match the exterior of the buildin
th, jincchmrical men on ffic reat of the building, 6wri SR 434, with a 6' maminly .!1, when site
Moss Road shall modify Lot 1 parking lot, including
the additional landscaping as shown on the site plan at such time as construction begins on either Lot
1 or Lot 2."
3.0 Recordation. This First 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 Agreement which are not expressly
and specifically modified by this First Modification shall continue to remain in full force and effect.
IN WITNESS WHEREOF, the parties have executed this First Modification as of the date
first written above.
THE CITY OF WINTER INGS
r
f 1 r 7 y!
B 3 J
Y•
7 F;��Bus -Mayor
1 �•J
ATTEST:
M
i Lorenzo-Luaces, City Clerk
APPROVO AS TO FORM AND LEGALITY
For the use and reliance of the City of
Winter Springs, Florida only.
Dated43ev
By:
A. Garganese,
City Attorney for the City of Winter Springs
FIRST MODIFICATION TO DEVELOPER'S AGREEMENT
CITY OF WINTER SPRINGS / MOSS ROAD, LLC
Page 2 of 3
MOSS ROAD, LLC
1� A��
Cr, ' ouhier, Managing Partner
WITNESSES:
C)v,4 ='�;14
P ' t Na ie:
r,�_r.
b i_
STATE OF FLO DA )
COUNTY OF
The fo oin instrument was acknowledged be e me the XZL day of 2006,
g g
by as of Moss Road
LLC, a Storida limited liability company, [ a- Co is pershally known to me or [ ]produced
as identification.
L�SA AtBRECFIT"""-�•
r zwzv IXa0 s"W =
z� Expires 12J11,70M
17
;EYj?�r Bontled thru (8D0)4324254:
„ Flonn Notary Assn., Inc
My Commission Expires I
FIRST MODIFICATION TO DEVELOPER'S AGREEMENT
CITY OF WINTER SPRINGS / MOSS ROAD, LLC
Page 3 of 3
111111111111111III NIII Ivim IN11111111111 Rol11111
MARYANNE MOR%, CLERK OF CIRCUIT COURT
SEM1W)LE CUUNTY
RK %2bS Nqs W19 - 5221 Opgs)
Prepared by and Return to: CLERK'S * 2006081852
Katherine W. Latorre, Esq. RECORDED 05/19/2006 08-.03159 AM
City of Winter Springs Assistant City Attorney RECURDIN6 FEES 35.50
Brown, Garganese, Weiss & D'Agresta, P.A. RECt1RDED BY L McKinley
225 E. Robinson Street, Suite 660
P.O. Box 2873
Orlando, FL 32802-2873
(407)425-9566
SECOND MODIFICATION TO DEVELOPER'S AGREEMENT
THIS SECOND MODIFICATIO DEVELOPER'S AGREEMENT ("Second
Modification"), made and executed this ay of April, 2006, by and between the CITY OF
WINTER SPRINGS, a Florida municipal corporation ("City") whose address is 1126 East State
Road 434, Winter Springs, Florida 32708, and MOSS ROAD, LLC, a Florida limited liability
company, whose address is 738 Rugby Street, Orlando, Florida 32804.
WITNESSETH:
WHEREAS, the City and Moss Road, LLC entered into a Developer's Agreement dated
June 7, 2005, and recorded in Official Records Book 05787, Page 1180, of Seminole County, Florida
(the "Agreement"); and
WHEREAS, the Agreement was modified pursuant to that First Modification to Developer's
Agreement dated March 20, 2006 and recorded in Official Records Book 06177, Page 0384 of
Seminole County, Florida ("First Modification"); and
WHEREAS, the Agreement required in paragraph 3.(b) that Moss Road, LLC install a new
four foot (4') black -coated chain link fence enclosing the retention pond; and
WHEREAS, Moss Road, LLC has redesigned and regraded the retention pond; and
WHEREAS, as redesigned and regraded, the retention pond no longer requires enclosure;
and
WHEREAS, the parties desire to further amend the Agreement to reflect that the installation
of the chain link fence enclosing the retention pond is no longer required; and
WHEREAS, the parties acknowledge and agree that all other terms and conditions of the
Agreement and First Modification not expressly modified by this Second Modification shall remain
in full force and effect.
SECOND MODIFICATION TO DEVELOPER'S AGREEMENT
CITY OF WINTER SPRINGS / MOSS ROAD, LLC
Page 1 of 4
NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements
set forth and other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the parties agree to modify the Agreement as follows:
1.0 Recitals. The foregoing recitals are hereby incorporated herein by this reference and
deemed a material part of this Second Modification.
2.0 Modification. The City and Moss Road, LLC agree that Section 3(b) of the
Agreement shall be modified as follows: (underlined type indicates additions and strikeout type
indicates deletions):
Buffer Walls and Fences. As noted on the Plans, Moss Road LLC shall install a six (6) foot
tall decorative masonry wall along the southern boundary line of Lot 1 according to the requirements
of Section 20-485, at the time when the existing storm water retention pond is modified to
accommodate the proposed new buildings on Lots 1 and 2. The Plans do not require the alteration
of existing walls. A new fow (4') foot black -coated chain 1h* fence shall ieplace the existing chairt
existingposts will remain in thei., eturent location wid be paiiftd black, no that there is, to additionaf
impact to the existing trees, however, the raii. mid fence f�btic will be replaced with black coat
No wall will be required
between Lot 1 & Lot 2.
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 Agreement and First Modification
which are not expressly and specifically modified by this Second Modification shall continue to
remain in full force and effect.
IN WITNESS WHEREOF, the parties have executed this Second Modification as of the
date first written above.
[EXECUTION PAGES FOLLOW]
SECOND MODIFICATION TO DEVELOPER'S AGREEMENT
CITY OF WINTER SPRINGS / MOSS ROAD, LLC
Page 2 of 4
•+aaaa��
104 . . 1114,
THE CITY OF WINTEkSP ICI�S
•-
fI y.--., h� �
r v
By:
]o . Bush, l% ygr ' o'
ATTEST.
By:
Andr orenzo-Luaces, City Clerk
APPROVED AS TO FORM AND LEGALITY
For the use and reliance of the City of
Winter Springs, Florida only.
Dated:
By:
Antftnfiy A. Gargane ,
City Attorney for the City of Winter Springs
SECOND MODIFICATION TO DEVELOPER'S AGREEMENT
CITY OF WINTER SPRINGS / MOSS ROAD, LLC
Page 3 of 4
MOSS RO
1�; f
''•'1l�
Name:Print ;Jr-J4-Li 0
1
j 0-
, Managing Partner
STATE OF FL DA )
COUNTY OF
The re ping instrument was acknowledged be re me thiS.-9Aay of, 2006,
b ad XM of Moss Road,
LLC, a horida limited liability company, [ who is persAa-1W known tome or[ ] produced
as identification.
. ��
......�
_ HT
E)0053010
F 12 1412008
(803)432A254'
•v Assn., Inc
My Commission Expires / / CP
SECOND MODIFICATION TO DEVELOPER'S AGREEMENT
CITY OF WINTER SPRINGS / MOSS ROAD, LLC
Page 4 of 4