HomeMy WebLinkAboutMorrison Homes First Modification Harbor Winds -2006 03 20
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FIRST MODIFICATION TO
BINDING DEVELOPMENT AGREEMENT FOR HARBOR WINDS
THIS FIRST MODIFICATION TO BINDING DEVELOPMENT AGREEMENT FOR
HARBOR WINDS (the "First Modification") is made and executed as of the 20th day of March,
2006, by and between THE CITY OF WINTER SPRINGS, a Florida municipal corporation
(the "City") whose address for purposes hereof is 1126 East S.R. 434, Winter Springs, Florida
32708, and MORRISON HOMES, INC., a Delaware corporation ("Morrison"), whose address
for purposes hereof is 151 Southhall Lane, Suite 200, Maitland, FL 32751.
WITNESSETH:
WHEREAS, Morrison and the City previously entered into a Binding Development
Agreement for Harbor Winds dated March 13, 2006 and recorded 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
order to meet the aesthetic requirements of the townhome project; and
WHEREAS, in furtherance of this request, the parties desire to modify the Development
Agreement to permit Morrison to encroach on certain rear setbacks to meet the aesthetic
requirements for the single family townhome improvements (the "Units") being constructed on
lots within the townhome project.
NOW, THEREFORE, In consideration of the mutual promises and covenants contained
herein, the parties mutually agree to amend the Development Agreement as follows:
1. The foregoing recitals are hereby acknowledged to be true and correct and are
incorporated herein by reference.
2.
follows:
There is hereby added to the Development Agreement a new Section 22 as
"Section 22. Encroachment of Rear Setbacks. All townhouse Units
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
patio slab and corresponding covered roof located at the rear of the Unit.
Any overhang of the roof beyond the patio slab, not to exceed one foot
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(1 '), 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.
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CITY:
THE CITY OF WINTER SPRINGS, a Florida
municipal corporation
Approved as to form and legality for the use and
reliance of the City of Winter Springs, Florida,
only.
sAo /0(,
~;ted: m
-Anthon ganese
City Attorney for
Springs, Florida.
the City of Winter
2
MORRISON HOMES, INC.,
a Delaware corporation
By:
~4~..4~
Leslie G. Peters
As its: Division President
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~!i!if12~:Rdo
STATE OF FLORIDA
COUNTY OF ~fr
The foregoing instrument was acknowledged before me as of the ~ day of
~ch , 2006 by Leslie G. Peters, as Di~ President MORRISON HOMES, INC., a
Delaware corporation who is either [!tJ>ersonally known to me 0 0 di produce
.~\\"\I""'II~ identification.
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