HomeMy WebLinkAboutMattamy (Jacksonville) Partnership (Jesup's Landing) Modification of Developer's Agreement - 2012 03 08.pdfTHIS 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.
I I I N. Orange Avenue, Suite 2000
Orlando, FL 32801
(407)425-9566
MRRYANNE MOR5E, CLERK OF CIRCUIT
5EMINDLE COUNTY
BK 07950 pgs 1556 — 1560; (5pgs)
CLERK'S # 2013012993
RECORDED 01/28/2013 10:29:27 AM
RECORDING FEES 44eOO
RECORDED BY S Maguire
MODIFICATION OF DEVELOPER'S AGREEMENT
COURT
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 01 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�greement. 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 20417 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 j
IN WITNESS WHEREOF, the parties have hereunto set their hands and seal on the
date first above written.
orenzo Luaces, City Clerk
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OF FLORIDA
COUNTY OF SEMINOLE
CITY OF WINTER SPRINGS
By:
APPROVED AS TO FORM AND LEGALITY
For the use and reliance of the City of Winter
Springs, Florida, only.
Dated:
By:
Anthony Garganese, City Attorney for
the City of Winter Springs, Florida
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.
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Witness my hand and official seal this L'MP�day of 2012.
Witnesses:
���r v e� Notary Public State of Florlde
Andrea Lorenzo-Luacos
r My Commission EEo87574
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My commission expires: �
Modification of Development Agreement
Mattamy (Jacksonville) Partnership /City of Winter Springs
Page 3 of 5
MATTAMY (JACKSONVILLE) PARTNERSHIP,
a Florida general partnership
By: CALBEN (FLORIDA
CORPORATION, a Florid corporati , its
general par /
Stevens Parker,
By: MBC (FL IDA CORP TION, a
Florid aoration, it 1 nfirtner
Steven �. Parkdr,
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 CalbenO(Morida) Corporation, and in his capacity as
President of MBC (FZFis
) Corporation, each in its respective capacity as general partner of
Mattamy (Jacksonvillrtnership, a Florida general partnership, on behalf of said general
partnership, and who personally known to me or [ ] who has produced a Florida driver's
license as identification, h n n n
My Commission Expires: ��)� .
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is MY CQtJI�v!!E= IOf`i EE040339
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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
Lot 16, Blocic 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
BROWN, GARGANESE, WEISS & UAGRESTA, P.A.
Attorneys at Lain
111 N. Oxange Ave., Suite 2000
P.O. Box 2873
Orlando, Florida 32802-2873
Phone (407) 425-9566
Fax (407) 425-9596
February 7, 2013
Andrea Lorenzo Luaces, City Clerk
City of Winter Springs
1126 East S.R. 434
Winter Springs, FL 32708
Re: Mattamy and Viera Village Development Agreements
Dear Andrea:
Anthony A. Garganese
Board Certified City, County & Local
Government Law
agarganese@orlandolaw net
Enclosed are the following original recorded documents for your records:
l . Developer's Agreement - Mattamy (Jacksonville) Partnership
2. Modification of Developer's Agreement - Mattamy (Jacksonville) Partnership
3. Developer's Agreement -Viera Village
AAG/nh
Enclosures
Anthony A. Garganese
Ft Lauderdale (954) 670-1979 •Kissimmee (321) 402-0144 •Cocoa (866) 425-9566
Website: urww.orlandolaw.net •Email: firm@orlandolaw.net