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Katherine W. Latorre, Esq.
City of Winter Springs Assistant City Attorney
Brown, Garganese, Weiss, & D'Agresta, P.A.
225 E. Robinson Street Ste. 660
P.O. Box 2873
Orlando, FL 32802
(407)425-9566
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SEMINOLE MOW -
Blt 46171 P9s •127 - 139; (13m )
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RECORDING FEES 112.0
NEED BY H19ailey
BINDING DEVELOPMENT AGREEMENT
FOR HARBOR WINDS
THIS BINDING DEVELOPMENT AGREEMENT, made and executed this I7' day
of AI 2006, by and between the CITY OF WINTER SPRINGS, a Florida
municipal corporation ("City"), whose address is 1126 East S.R. 434, Winter Springs, FL
32708, and MORRISON HOMES, INC., a Delaware corporation ("Morrison Homes"),
whose address for purposes herein is 151 Southhall Lane, Suite 200, Maitland, FL 32751.
WITNESSETH:
WHEREAS, Morrison Homes is constructing a townhome development on real property
located within the City of Winter Springs, Florida; and
WHEREAS, pursuant to the approval of the City of Winter Springs City Commission,
Morrison Homes desires to facilitate the orderly development of a townhome project (the
"Townhome Project") on the Subject Property (defined in Section 3 below) as depicted in the
Final Engineering Plans attached hereto as Exhibit "A" and incorporated herein by this reference
(the "Final Engineering Plans"), in compliance with the laws and regulations of the City; and
WHEREAS, the City Commission has recommended entering into a Binding
Development Agreement, ("Agreement"), with Morrison Homes for the development of the
Townhome Project; and
WHEREAS, in addition to Morrison Homes's compliance with all City Codes,
permitting and construction not in conflict herein, the City and Morrison Homes desire to set
forth the following special terms and conditions.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties mutually agree as follows:
Section 1. Recitals. The foregoing recitals are hereby incorporated herein by this
reference.
Section 2. Authority. This Agreement is entered into pursuant to the Florida Municipal
Home Rule Powers Act.
BINDING DEVELOPMENT AGREMENT FOR HARBOR WINDS
CITY OF WINTER SPRINGS f MORRISON HOMES, INC.
Page 1 of 12
Section 3. Subject Property. The real property ("Subject Property"), which is subject
to and bound by, the terms and conditions of this Agreement is legally described on Exhibit `B"
attached hereto and made a part hereof by reference.
Section 4. Representations of Morrison Homes. Morrison Homes hereby represents
and warrants to the City that Morrison Homes 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 Morrison Homes and recorded in the public records of
Seminole County, Florida, constitute a legal, valid and binding obligation enforceable against
Morrison Homes and the Subject Property in accordance with the terms and conditions of this
Agreement. Morrison Homes represents it has voluntarily and willfully executed this Agreement
for purposes of binding the Property to the terms and conditions set forth in this agreement.
Section 5. Obligations and Commitments. In consideration of the City and Morrison
Homes entering into this Agreement, the City and Morrison Homes voluntarily agree as follows:
(a) Final Engineering Plans. Morrison Homes shall construct the Townhome
Project in accordance with the Final Engineering Plans approved by the City Commission of
Winter Springs. Said Final Engineering Plans may be amended from time to time by the City
without amendment to this Agreement. All Amendments to the Final Engineering Plans shall
automatically be incorporated herein by this reference.
(b) Off -site Light Spillage. Off -site light spillage shall only be permitted at the
main entrance of the Property so that the sidewalk and entrance along Longwood -Wagner Road
(State Road 434) are illuminated to enhance public safety. However, any such illumination shall
not cause any unreasonable glare for motorists along Longwood -Wagner Road (State Road 434)
and shall first be approved by the City.
(c) Garbage Collection. Garbage collection for the subject property will be provided
to each individual twnhome. Garbage dumpsters are not permitted.
(d) Internal Rights-of-Way/Streets. Rights -of -way internal to the subject
property are as follows: forty five (45) feet wide at Harbor Winds Court; fifty (50) feet wide at
Greenview Court, and; eighty (80) feet wide at Timberlane Trail. Streets internal to the subject
property do not meet City standards and therefore will be privately maintained.
(e) Cul-de-sac Length. Placement of residential units are guided by several site
constraints, including but not limited to; 1.) the unusual configuration of the overall parcel; 2.)
numerous wetlands; and, 3.) numerous easements, including a 175-foot wide power easement.
Due to these restrictions and given that the main project entrance must line up with Timberlane
Trail, units placed in the northwest corner of the site must obtain access from a cul-de-sac whose
length exceeds the criteria established in Section 9-152 of the City of Winter Springs Land
Development Code (800 foot maximum length). The length of the cul-de-sac from the project
entrance is 1,254.07 feet. The length from the cross -access easement to the end of the cul-de-sac
is 638.78 feet.
BINDING DEVELOPMENT AGREEMENT FOR HARBOR WINDS
CITY OF WINTER SPRINGS / MORRISON HOMES, INC.
Page 2 of 12
(f) Internal Sidewalks. Sidewalks internal to the subject property (within the
rights -of -way) shall be five (5) feet wide.
(g) Cross -Access Easement. A cross -access easement between the proposed private
internal roadway and Fountaintree Drive has been provided. The Final Engineering Plans depict
the cross -access easement location.
(h) Utili /Drains a Easements. Utility and drainage easements internal to the
subject property vary in width, refer to the plat for actual dimensions.
(i) Removal of Existing Cart Path. A portion of the Winter Springs Golf Course
existing cart path which falls within the boundary of the Subject Property will be removed.
0) Temporary Wetland Impact / Construction Easements. Temporary wetland
impact / construction easements within wetland areas will be obtained by Morrison Homes to
implement construction of retaining walls.
(k) Environmental Considerations. The City of Winter Springs requires a 25-foot
wide upland buffer adjacent to on -site wetlands. In accordance with this requirement a 25-foot
wide upland buffer will be provided adjacent to wetlands that are not impacted, where applicable
(where a wetland abuts another wetland, a full 25-foot wide buffer for each wetland can not be
achieved). Lots adjacent to impacted wetlands "B" and "D" will provide a 25-foot wide building
setback ("wetland impact buffer"). These wetland impact buffer areas equal .35 acres total. The
project will provide 1.12 acres of upland preserve to -offset this modification to the upland buffer
requirement.
A conservation easement, totaling 3.43 acres, will be placed over wetlands A, B, C, D and F and
the upland preserve areas.
Impacted wetland areas will be mitigated off -site as approved by the St. Johns River Water
Management District Permit #40-117-97208-1.
The environmental considerations are shown on the Wetland Impact Plan (Exhibit "C"), attached
hereto and made a part hereof by reference.
(1) Development Standards. The following development standards shall apply to
the Subject Property:
Max. Units:
62 units
Min. Front Yard:
20 feet
Min. Side Yard:
10 feet
Min. Rear Yard:
25 feet
Min. Distance Between Buildings:
20 feet
Max. Building Height:
35 feet
Min. Structure Setback From -
BINDING DEVELOPMENT AGREEMENT FOR HARBOR WINDS
CITY OF WINTER SPRINGS / MORRISON HOMES, INC.
Page 3 of 12
1j SR 434:
All Other Property Boundaries:
Max. Impervious Surface Ratio:
SR 434 Buffer Requirements -
Min. Width:
Min. Berm Height:
Wall Height:
Canopy Tree Requirements:
Sub -Canopy Tree Requirement:
Canopy Tree Requirement
(where rear yard backs up to SR 434):
40 feet
10 feet
35%
15 feet
3 feet
6 feet
2-1/2" caliper
10 — 12 feet height
spaced 50 feet on center
4 trees per 100 linear feet of
road frontage
2-1 /2" caliper
10 —12 feet height
1 tree per back yard
(m) Landscape Material. Deviations to criteria established in Section 20-468,
Table 1 (Recommended Shrub Palette), of the City of Winter Springs Land Development Code
shall be approved as follows:
(1) Allow 3 gallon Rhaphiolepis Indica (Indian Hawthorn), 12 inch height at
planting.
(2) Allow for Abelia Grandiflora (Glossy Abelia) as an approved plant species
in 3 gallon containers, 18 inch height at planting.
(3) Allow for Camellia Sasanqua (Sasanqua Camellia) as an approved plant
species in 3 gallon containers, 18 inch height at planting.
(4) Allow for Tripsacum Floridana (Florida Gama Grass) as an approved plant
species in 3 gallon containers, 18 inch height at planting.
(5) Allow for Ilex glabra (Inkberry) as an approved plant species in 3 gallon
containers, 16 inch height at planting to accommodate the 50% native plant material
requirement.
(6) Allow for Viburnum obovatum (Walter's Viburnum) as an approved plant
species in 3 gallon containers, 16 inch height at planting to accommodate the 50% native
plant material requirement.
(7) Allow for Crinum asiaticum (Asian Crinum Lily) as an approved plant
species in 3 gallon containers, 14 inch height at planting to accommodate the 50% native
plant material requirement.
BINDING DEVELOPMENT AGREEMENT FOR HARBOR WINDS
CITY OF WINTER SPRINGS / MORRISON HOMES, INC.
Page 4 of 12
-� (8) Allow for Illicium floridanum (Florida Anise) as an approved plant
species in 3 gallon containers, 18 inch height at planting to accommodate the 50% native
plant material requirement.
(9) Allow for Zamia pumila (Coontie) as an approved plant species in 1 gallon
containers, 10 inch height at planting to accommodate the 50% native plant material
requirement.
(10) Allow for Gaillardia pulchella (Indian Blanket) as an approved plant
species in 1 gallon containers, at planting to accommodate the 50% native plant material
requirement.
(11) Allow for Galphimia gracilis (Thryalis) as an approved plant species in 3
gallon containers, 18 inch height at planting.
(n) Construetion and Use of Model Homes. Prior to the recording of the final
plat, the City agrees to permit Morrison Homes to construct model townhome units under the
following conditions:
(1) The model townhome units shall be contained in a single building and
shall not exceed four (4) individual units.
(2) The model townhomes shall remain under Morrison Homes ownership
and control until such time as the final plat is recorded by the City and a final certificate
of occupancy for each unit is issued under the conditions set forth below. In other words,
Morrison Homes shall not contract for sale, sell, or lease any of the individual model
townhome units until such time as the City approves and records the final plat for the
Project and issues a final certificate of occupancy for each unit.
(3) Prior to construction, the model townhomes shall be duly permitted by the
City in accordance with all City Codes. As part of the building permit application,
Morrison Homes shall submit, along with all construction plans for the townhome units, a
duly certified boundary survey which shall depict the location and legal description of the
model townhome site and each individual model townhome lot. Morrison Homes
acknowledges and agrees that this legal description is intended to coincide with the
eventual location of the townhome lots as depicted and legally described on the final plat.
Morrison Homes assumes full and complete responsibility and liability in the event that
said legal descriptions do not conform to the lot lines required by the City in the final
plat.
(4) At such time the Building Official completes and approves a final
inspection of the model townhome units, the City will issue a certificate of completion.
Said certificate of completion shall be issued for the model townhouse building as a
whole, not by individual units. Occupancy of the townhome units shall be limited to the
sale and marketing efforts for the Project. In addition, Morrison Homes shall have the
right to utilize one garage in the model townhome building as a temporary sales office.
BINDING DEVELOPMENT AGREEMENT FOR HARBOR WINDS
CITY OF WINTER SPRINGS / MORRISON HOMES, INC.
Page 5 of 12
(5) At the request of Morrison Homes or at such time the Project development
is completed, whichever occurs sooner, the model townhome units shall be converted in
to permanent residential units and the City shall issue individual certificates of occupancy
for each model townhome unit; provided, however, the final plat is approved and
recorded by the City and the Building Official determines that the units are suitable for
permanent residential occupancy and in compliance with the City Code.
(o) Retaining Walls, Partial and full retaining walls are proposed to provide
additional storage volume within stormwater ponds. The walls will consist of a keystone
modular unit or equal product.
(p) Trees Located Under Power Lines. Deviations to criteria established in Section
20-469, Buffers and walls, of the City of Winter Springs Land Development Code shall be
approved as follows:
Due to the overhead power lines along the western project boundary, 2-1/2" caliper
single stem crape myrtles on 40' centers will be provided in lieu of shade trees at 75' on center.
Section 6. Successors and Assigns. This Agreement shall automatically be
binding upon and shall inure to the benefit of the successors and assigns of each of the parties.
Section 7. Applicable Law. This Agreement shall be governed by and construed
in accordance with the laws of the State of Florida.
Section 8. Amendments. This Agreement shall not be modified or amended except
by written agreement duly executed by both parties hereto and approved by the City
Commission.
Section 9. Entire Agreement. This Agreement supersedes any other agreement,
oral or written, and contains the entire agreement between the City and Morrison Homes as to
the subject matter hereof.
Section 10. Severability. If any provision of this Agreement shall be held 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.
Section 11. Effective Date. This Agreement shall become effective upon
approval by the City of Winter Springs Commission and execution of this Agreement by both
parties.
Section 12. Recordation. This Agreement shall be recorded in the public records of
Seminole County, Florida, and shall run with the land.
Section 13. Relationship of the Parties. The relationship of the parties to this
Agreement is contractual and Morrison Homes is an independent contractor and not an agent of
the City. Nothing herein shall be deemed to create a joint venture or principal -agent between the
BINDING DEVELOPMENT AGREEMENT FOR HARBOR WINDS
CITY OF WINTER SPRINGS / MORRISON HOMES, INC.
Page 6 of 12
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.
Section 14. Sovereign Immunity. Nothing contained in this Agreement shall
be construed as a 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 state and federal law.
Section 1S. City's Police Power. Morrison Homes 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,
Section 16. Interuretation. 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.
Section 17. Permits. The failure of this Agreement to address any particular
City, county, state, and federal permit, condition, team, or restriction shall not relieve Morrison
Homes or the City of the necessity of complying with the law governing said permitting
requirements, conditions, terra, or restriction.
Section 18. Third Party Ri kits. 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.
Section 19. 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 suit in equity.
Section 20. Attornev'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.
Section 21. 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 Morrison
Homes 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 any building or unit if Morrison Homes is in breach of any term and condition of
this Agreement.
BINDING DEVELOPMENT AGREEMENT FOR HARBOR WINDS
CITY OF WINTER SPRINGS / MORRISON HOMES, INC.
Page 7 of 12
IN WITNESS WHEREOF the parties have hereunto set their hand and seal on the date
first above written.
MORRISON HOMES, INC.
A Delaware corporation:
By
Leslie Peters, Division President
WITNESSES:
Printed Name of Witness
M.
Printed Name of Witness
STATE OF FLORIDA
COUNTY OF __L_aSC
The foregoing instrument was acknowledged before me this day of
2006, by LcOiePeters, as Division President of Morrison Homes, Inc., a Delaware corporation,
who is [ V1 personally know to me or [ ] who has produced
as identification.
�ti���}Ra M. wQd �11r1,
INK"
otary Pub ' Si ature
� : � ►ram : 71r
.;,,,�;ao��.' (Name typed, printed or stamped
S1 Notary Public, State of H
''►1►uii111111 ������ Commission No.:
My Commission Expires: . —zS1:
BINDING DEVELOPMENT AGREEMENT FOR HARBOR WINDS
CITY OF WINTER SPRINGS / MORRISON HOMES, INC.
Page 8 of 12
CITY OF WINTE
A Florida Muniei 44
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ATTF,ST:
Andre4 Lorenzo-Luaces, City Clerk
6
APPROVED AS TO FORM AND LEGALITY
For the use and reliance of the City of
Winter Springs, Florida only.
Dated:4Anto
o('
By:
A. Garganese,
City Attorney for the City of Winter Springs
BINDING DEVELOPMENT AGREEMENT FOR HARBOR WINDS
CITY OF WINTER SPRINGS / MORRISON HOMES, INC.
Page 9 of 12
EXHIBIT "A"
(FINAL ENGINEERING PLANS)
Final Engineering Plans are on file at:
City Hall
City of Winter Springs
1126 East S.R. 434
Winter Springs, Florida 32708
BINDING DEVELOPMENT AGREEMENT FOR HARBOR WINDS
CITY OF WINTER SPRINGS / MORRISON HOMES, INC.
Page 10 of 12
EXHIBIT "B"
PROPERTY
That certain piece, parcel and tract of land located in SEMINOLE County, Florida,
described as follows:
LEGAL DESCRIPTION
PARCEL 1
That part of Tracts "I" and "K", THE HIGHLANDS SECTION THREE, as recorded in Plat
Book 17, Pages 48 and 49 of the Public Records of Seminole County, Florida, described as
follows:
Begin at the Southwest corner of aforesaid Tract "I", said Southwest corner being on the
Northerly right-of-way of the Longwood -Wagner Road (State Road 434); thence N11'49'30"E
along the West line of said Tract "I", 1192.46 feet; thence S78' 10'30"E, 103.67 feet; thence
SO4'45'18"W, 444.17 feet; thence S43'17'52"E, 123.07 feet; thence S07'50'42"W, 73.65 feet;
thence S32'53'13"E, 72.19 feet; thence S61'03'27"E, 181.93 feet; thence S48'27'52"E, 170.96
feet; thence S65' 10'55"E, 122.27 feet; thence N86' 12'20"E, 521.26 feet; thence S00'49'13"E,
338.07 feet; thence N89' 59'34"W, 735.75 feet to the aforesaid Northerly right-of-way; thence
N82'53'31 "W, 614.65 feet along said right-of-way line to the Point of Beginning.
LESS AND EXCEPT that part of Tract "I" THE HIGHLANDS SECTION THREE, as recorded
in Plat Book 17, Pages 48 and 49 of the Public Records of Seminole County, Florida, described
as follows:
Commence at Southwest corner of a aforesaid Tract "I," said Southwest corner being on the
Northerly right-of-way of the Longwood Wagner Road (State Road 434): thence NI I *49'30"E
along the West line of said Tract "I", 1192.46 feet; thence S78'10'30"E, 103.67 feet to a point
called "A" for future reference; thence SO4'45' 18"W, 444.17 feet; thence S43' 17'52"E, 123.07
feet to a point called `B" for future reference; thence S07'50'42"W, 73.65 feet; thence
S32-53'13"E, 72.19 feet; thence S61'03'27"E 181.93 feet to a point called "C" for future
reference; thence S48'27'52"E, 170.96 feet; thence S65' 10'55"E, 122.27 feet to a point called
"D" for future reference.
Parcel "B"
Thence returning to said point `B" for a Point of Beginning; thence run S07'50'42"W, 73.65
feet; thence S32'53'13"E 72.19 feet; then N38'46'28"W, 76.14 feet; then N14'01'31"E, 61.50;
thence N24' 57'45"W 40.14 feet; thence S43' 17'52"E, 30.00 feet to the Point of Beginning.
BINDING DEVELOPMENT AGREEMENT FOR HARBOR WINDS
CITY OF WINTER SPRINGS / MORRISON HOMES, INC.
Page 11 of 12
Parcel "C"
Thence returning to said point "C" for a Point of Beginning; thence run N70'41'46"W, 53.76
feet; thence N41 ' 24' 17"W, 26.76 feet; thence S61 ' 03'27"E, 78.20 feet to the Point of Beginning.
Parcel "D"
Thence returning to said point "D" for a Point of Beginning; thence run S86' 12'20"W, 58.50
feet; thence N43'37'32"W, 76.25 feet; thence S65'10'55"E 122.27 feet to the Point of
Beginning.
PARCEL 2
That part of Lot 57, of Block D, D.R. MITCHELLS' SURVEY OF THE LEVY GRANT
according to the Plat thereof recorded in Plat Book 1, Page 5, of the Public Records of Seminole
County, Florida lying North of State Road 434 and West of the Florida Power Corporation
Easement, said easement recorded in Official Records Book 690, Page 178, all of the Public
Records of Seminole County, Florida.
BINDING DEVELOPMENT AGREEMENT FOR HARBOR WINDS
CITY OF WINTER SPRINGS / MORRISON HOMES, INC.
Page 12 of 12
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ExfM Na WETLAND IMPACT PLAN
C HARBOR WINDS
WINTER SPRINGS, FLORIDA
EXHIBIT
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FIRST MODIFICATION TO
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BINDING DEVELOPMENT AGREEMENT FOR HARBOR WINDS
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THIS FIRST MODIFICATION TO BINDING DEVELOPMENT AGREEMENT FOR
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HARBOR WINDS (the "First Modification") is made and executed as of the 20t' day of March,
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2006, by and between THE CITY OF WINTER SPRINGS, a Florida municipal corporation
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(the "City"} whose address for purposes hereof is 1126 East S.R. 434, Winter Springs, Florida
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32708, and MORRISON HOMES, INC., a Delaware corporation ("Morrison"), whose address
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46- for purposes hereof is 151 Southhall Lane, Suite 200, Maitland, FL 32751.
(77
WITNESSETH:
4
WHEREAS, Morrison and the City previously entered into a Binding Development
11
Agreement for Harbor Winds dated March 13, 2006 and recordcd in Seminole County Official
Record Book 06171, Page 0127-139, (the "Development Agreement") affecting the Property
(� described therein; and
WHEREAS, Morrison has requested a modification to the Development Agreement in
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order to meet the aesthetic requirements of the townhome project; and
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I� es desire the Development
WHEREAS, in furtherance of this request, the parties dire to modify
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.� Agreement to permit Morrison to encroach on certain rear setbacks to meet the aesthetic
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requirements for the single family to wnhome improvements (the "Units") being constructed on
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lots within the townhome project.
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NOW, THEREFORE, In consideration of the mutual promises and covenants contained
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t !' herein, the parties mutually agree to amend the Development Agreement as follows:
1.
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1. The foregoing recitals are hereby acknowledged to be true and correct and are
(a incorporated herein by reference.
2. There is hereby added to the Development Agreement a new Section 22 as
follows:
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"Section 22. Encroachment of Rear Setbacks. All townhouse Units
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constructed on lots of which the rear lot line is adjacent to S.R. 434 are
hereby permitted to encroach a maximum of eight feet (8') into the rear
setback line of such lots for the sole purpose of constructing a concrete
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slab and corresponding covered roof located at the rear of the Unit.
patio
Any overhang of the roof beyond the patio slab, not to exceed one foot
I
(F), shall not be included in the calculation of the overall encroachment of
such patio. See "Exhibit A," attached hereto and fully incorporated
herein by this reference."
3. Except as expressly modified by this First Amendment, the terms and conditions
of the Development Agreement, which are not in conflict with this First Modification, shall
remain in full force and effect. Capitalized terms used herein, which are not otherwise defined,
shall have the meaning ascribed to such terms in the Development Agreement.
IN WITNESS WHEREOF, the parties have hereunto set their respective hands and
seals as of the date first written above.
Andrea Lor
City
Luaces, City Clerk
CITY:
THE CITY OF WINTER SPRINGS, a Florida
municipal corporation
By:
Jahn F. Bush, Mayor
Approved as to form and legality for the use and
reliance of the City of Winter Springs, Florida,
only.
/d4''� 7
Dated:
By:
Anthon ganese
City Attorney for the City of Winter
Springs, Florida.
2
MORRISON HOMES, INC.,
a Delaware corporation
By:
Leslie G. Peters
As its: Division President
_G• R^ if ,L�.
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me as of the day of
Drywc \ , 2006 by Leslie G. Peters, as Diviss'�'n� President MORRISON HOMES, INC., a
Delaware corporation who is either 6 personally known to me a ❑ ;�� produce
identification. /�
Notary Seal:
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