HomeMy WebLinkAboutMTH Development, LLC First Amendment to Development Agreement (Living Life Independent Living Facility) 2026 01 12Grant Maloy, Clerk Of The Circuit Court & Comptroller Seminole County, FL
Inst #2026003886 Book:10966 Page:1632-1636; (5 PAGES) RCD: 1/14/2026 1:56:27 PM
REC FEE $44.00
THIS INSTRUMENT WAS PREPARED BY
AND SHOULD BE RETURNED TO:
Anthony A. Garganese
City Attorney of Winter Springs
Garganese, Weiss, D'Agresta & Salzman, P.A.
111 N. Orange Avenue, Suite 2000
Orlando, FL 32802
(407)425-9566
FIRST AMENDMENT TO DEVELOPMENT AGREEMENT
MTH Development, LLC
(Living Life Independent Living Facility)
THIS FIRST AMENDMENT TO DEVELOPMENT AGREEMENT ("First
Amendment") is made and executed this /Z`0'4 day of -.7A,�v,4A1 , 201-6, by and
between the CITY OF WINTER SPRINGS, a Florida Municipal Corporation whose address is
1126 East S.R. 434, Winter Springs, Florida 32708 ("City"), and MTH DEVELOPMENT,
LLC, a Florida Limited Liability Company whose address is 160 N. Spring Lake Drive,
Altamonte Springs, FL 32714 ("Developer").
WITNESSETH:
WHEREAS, Developer is the owner of approximately 8.36 acres, more or less, of real
property located in the C-1 Neighborhood Commercial District, generally south of Lake Talmo
and east of the intersection of US 1792 and SR 434, fronting SR 434, in Winter Springs,
Seminole County, Florida, as more particularly described on Exhibit "A" attached hereto
("Property"); and
WHEREAS, the Property consists of two parcels, one of which is located within the City
of Longwood, and;
WHEREAS, approximately ninety-two percent (92%) of the site is located in the City of
Winter Springs and an Interlocal Agreement between the City of Winter Springs and the City of
Longwood has been executed, which grants Winter Springs limited jurisdiction over the parcel in
Longwood and allow the project to be approved solely by Winter Springs without the need for it
to also be approved by Longwood given that the parcel in Longwood will be used solely for
parking; and
First Amendment to Development Agreement
City of Winter Springs and MTH Development, LLC.
Pagel of 5
Book 10966 Page 1633
Instrument# 2026003886
WHEREAS, the Property is subject to that certain Development Agreement dated
September 12, 2023, and recorded in the Official Records of Seminole County, Florida, at
Official Records Book 10512, Pages 1617-1627 (the "Development Agreement"); and
WHEREAS, as provided in the Development Agreement, Developer has consented to
the City of Winter Springs' exercise of home rule authority over the Longwood portion of the
Property for purposes of enforcement of the Development Agreement, land use regulations, and
general police power regulations, which shall include the enforcement of this First Amendment;
and
WHEREAS, Sections 5.0 and 23.0 of the Development Agreement provide that the City
shall have the right, but not the obligation, to terminate the Development Agreement if the
Developer has failed to receive building permits and substantially complete vertical construction
within two (2) years from the date of execution of the Development Agreement, and Section 23.0
further provides that the Developer may apply to the City Commission for an extension of the
Development Agreement for good cause; and
WHEREAS, pursuant to Sections 22.0 and 23.0 of the Development Agreement, at the
November 10, 2025, meeting of the City of Winter Springs City Commission, the Developer
requested an extension to the Development Agreement for an additional fourteen (14) months
due to construction financing issues which have since been remedied; and
WHEREAS, at its November 10, 2025, meeting, the City of Winter Springs City
Commission granted Developer's request for an extension of time, pursuant to Sections 22.0 and
23.0 of the Development Agreement, for fourteen (14) months from the date of the
Commission's meeting; and
WHEREAS, this First Amendment shall be recorded against the property so that the
terms and conditions set forth herein shall run with the land; and
NOW THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties mutually agree as follows:
1.0 Recitals. The foregoing recitals are true and correct and are hereby incorporated herein
by this reference.
2.0 Authority. This First Amendment is entered into pursuant to the Florida Municipal
Home Rule Powers Act.
3.0 Amendment to Section 5.0. Section 5.0 of the Development Agreement is
stricken in its entirety and replaced with the following:
5.0. Future PermittinIz. Developer shall be required to receive building
permits and substantially commence vertical construction of buildings, which
shall at a minimum include building foundations, for the Project by 11:59 p.m. on
January 10, 2027.
First Amendment to Development Agreement
City of Winter Springs and MTH Development, LLC.
Page 2 of 5
Book 10966 Page 1634
Instrument# 2026003886
4.0. Amendment to Section 23.0. Section 23.0 of the Development Agreement is
hereby stricken in its entirety and replaced with the following:
23.0. Termination. The City shall have the unconditional right, but not the
obligation, to terminate this Agreement, without notice or penalty, if Developer
fails to receive building permits and substantially complete vertical construction
of buildings, which shall at a minimum include building foundations, for the
Project by 11:59 p.m. on January 10, 2027. The Developer may apply to the City
Commission for an extension of this Agreement, which may be granted upon
good cause shown. In addition, the City shall have the right, but not the
obligation, to terminate this Agreement if Developer permanently abandons
construction of the Project, provided, however, the City shall first deliver written
notice and an opportunity to cure to the defaulting party as set forth in Section 22
above. If the City terminates this Agreement, the City shall record a notice of
termination against the Property in the public records of Seminole County,
Florida.
5.0. Remainder of Development Agreement. All provisions set forth in the
original Development Agreement which have not been explicitly modified herein by this First
Amendment shall remain unchanged and in full force and effect.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seal on the
date first above written.
ATTEST:
By:
Christian Gowan, City Clerk
CITY SEAL
o� W int�� s
CJ, co�porn !�
U
�950
o�
OQ�e County
CITY OF WINTER SPRINGS
By: a
Kevin: cCann, Mayor
APPROVED AS TO FORM AND LEGALITY
For the use and reliance of the City of Winter Springs,
Florida only.
Date:
� >/-*
By:
A. Garganese, City Attorney for
the City of Winter Springs, Florida
First Amendment to Development Agreement
City of Winter Springs and MTH Development, LLC.
Page 3 of 5
Book 10966 Page 1635
Instrument# 2026003886
Signed, sealed and delivered in the MTH DEVELOPMENT, LLC
presence of the following witnesses:
Print name and title:
b
Signature of Witness Date: I y i /
Printed Name of Witness
1\2101 6 SR , lA era h
Address of Witness
Si atare of Witne
Printed Name of Witness
31-1
Address of Witness
STATE OF 6%640,
COUNTY OF
The foregoing instrument was acknowledged before me by means of physical
presence or (_—) online notarization, this day of MVX Y , 20 ,
by j - ' krA 1 the i Rt/ of MTH Development, LLC, a limited
liability company, on behalf of the com any, who is personally known to me or produced
d as identify ation.`
(NOTARY SEAL)
(Not Public Signature) c
tOgYP06
2° "'•.�'� KELLIANNE WELLS (Prnt Name) `J
* Commission # HH 511990 Notary Public, State of ` i
a9��F F�pP`oe Expires July 28, 2028 Commission No.:
My Commission Expires: AvAjp� a
First Amendment to Development Agreement
City of Winter Springs and MTH Development, LLC.
Page 4 of 5
Book 10966 Page 1636
Instrument# 2026003886
EXHIBIT A
PROPERTY LEGAL DESCRIPTION
LOTS I AN() 2, BI.00K C, TALMO SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS
RECORDED IN PLAT BOOK 9, PAGE 10, OF THE PUBLIC RECORDS OF SEMINOLE COUNTY,
FLORIDA.
LESS AND EXCEPT THAT PORTION CONVEYED TO THE STATE OF FLORIDA IN OFFICIAL
RECORDS BOOK 356, PAGE 579, PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA,
AND
A Part of Lot 16, Block D of D.R. Mitchell's Survey of the bevy Grant as recorded In Plot
Book 1, Page 5, of the Public Records Seminole County Florida described as follows:
Begin at the intersection of the Westerly line of said Lot 16 and the North Right of Way line
of State Road No, 434, according to the State of Florida Department of Transportation Might
of way Map Section No. 77580-2610; thence run North 0514510011 East. along said West line
of Lot 16, saki line also being the East line of Talmo Subdivision, as recorded In Plat Book 9,
Page 10 of the Public Records of Seminole County, Florida, a distance of 351.23 feet; thence
run South 89002'30" East, a distance of 904.34 feet to the East line of said Lot 16, said point
also being on the Westerly boundary of Tract 1 of The Highlands Section Three as recorded
In Plat Book 17, Pages 48 & 49 of the Public Records of Seminole County, Florida; thence
run South 05140'31" Vilest, along said East line, a distance of 351.19 feet to the Northerly
Right of Way line of State Road No. 434; thence run North 8910213011 West along said North
Right of Way line a distance of 904.80 feet to the Point of Beginning,
First Amendment to Development Agreement
City of Winter Springs and MTH Development, LLC.
Page 5 of 5