HomeMy WebLinkAboutMcGaba Second Modification to Binding Development Agreement -2004 07 01
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THIS INSTRUMENT WAS PREPARED BY
AND SHOULD BE RETURNED TO:
MARYAtfE tIJRSE, CLERK IF CIRCUIT cwn
SEMlto..E WICTY
IlK OG1S3 Pqs OllS9 - &!; (4pqs)
CLERK'S :I 2006038304
~ttJta:D 03l09/2Ol16 09:;,s"t:SS AM
RECORDINB ms 3S. 50
RECORDED BY t holR"
Anthony A. Garganese, Esquire
Mrown, Salzman, Weiss & Garganese, P.A.
ost Office Box 2873
Orlando, Florida 32802-2873
(407) 425-9566
FOR RECORDING DEPARTMENT USE ONLY
SECOND MODIFICATION TO BINDING DEVELOPMENT AGREEMENT
THIS SECOND MODIFICATION TO BINDING DEVELOPMENT
AGREEMENT ("Second Modification"), made and executed this I') t- day of July, 2004, 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 McGABA, LLC., a Florida
limited liability company ("McGaba"), whose address is 4986 Courtland Loop, Winter Springs,
FL 32708.
WHEREAS, McGaba and the City entered into a Binding Development Agreement
dated April 10, 2003, and recorded in Official Records Book 4839, Page 1896, of Seminole
County, Florida (the "Agreement")'; and
WHEREAS, a First Modification to Binding Development Agreement, dated February
26,2004, was recorded in Official Records Book 05230, Page 1123-1125, of Seminole County,
Florida ("First Modification"); and
Second Modification to Binding Development Agreement
McGaha, LLC - City of Winter Springs, Florida
Page 1 of4
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WHEREAS, the parties desire to modify the Agreement to allow McGaba to replace
sidewalks on three sides of buildings C&D in lieu of landscaping as long as the net landscaping
in the project does not decrease; and
WHEREAS, the parties desire to modify the Agreement regarding the width of the curb
islands on the comers of buildings C&D to nine feet (9') wide instead often feet (10') wide; and
WHEREAS, the parties desire to modify the Agreement amending the total number of
parking spaces from 200 to 195; 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.
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 hereby incorporated herein by this reference
and deemed a material part of this Second Modification.
2.0 Landscaping/Sidewalks. McGaba may construct sidewalks on three sides of
buildings C&D in lieu of landscaping as long as the net landscaping for the project does not
decrease.
3.0 Curb Islands. McGaba may amend the width of the curb islands on the comers of
buildings C&D to nine feet (9') wide rather than ten feet (10') wide.
4.0 Parking. McGaba may amend the total number of parking spaces from 200 to
195.
5.0 Recordation. This Second Modification shall be recorded in the public records of
Seminole County, Florida, and shall run with the land.
Second Modification to Binding Development Agreement
McGaba, LLC - City of Winter Springs, Florida
Page 2 of4
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6.0
Miscellaneous. All terms and conditions of the .Agreement, First Modification,
and other development approvals by the City for the project, 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 hereunto set their hands and seal on the date
first above written.
Signed, sealed and delivered in the
Presence of the following witnesses:
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M rC~$LV~ ~
Printed Name of Witness
McGAHA, LLC,
a Florida limited liability company
1f::-:1~ ~~
Printed Name of Witness
BY~ rn~
./ SHIRLE MACKERL Y
Its President
STATE OF FLORIDA
COUNTY OF 5~,...,,:c.I,,~
The foregoing instrument was acknowledged before me this 10 day of ft8h.""/i-,2.Y,
'2.<<;"
~, by SHIRLEY MACKERLY, as President of McGABA, LLC, a Florida limited liability
company, who is personally known to me or '.':8.0 1111:) plUdJted
~
as identification.
R": 1\ M. RoaenbIatt
. ~..j My Cornmltaion D02Z464o
'\ ~;/ Expires September 28. 2007
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Notary Public Signature
m J20.s t./V (J ~
(Name typed, printed or sta~ed)
Notary Public, State of rL c,9 LI ~ A
Commission No.: .or!) ~J-,+' '1'0
My Commission Expires: '5cJrellAl!tfll JUt 'J,4()"7
(NOTARY SEAL)
Second Modification to Binding Development Agreement
McGaha, LLC - City of Winter Springs, Florida
Page 3 of4
ATTEST:
CITY OF WINTER SPRINGS, a Florida
Municipal Corporation,
A.. 4.LORENZO-LUACES
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Second Modification to Binding Development Agreement
McGaba, LLC - City of Winter Springs, Florida
Page 4 of4