HomeMy WebLinkAboutMoss Road, LLC First Modification to Developer's Agreement -2006 03 20
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Prepared by and Return to:
MARYANNE tIJRSE, CLERK IF CIRCUIT CWRT
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CLERK~ 5 =It 2()(.e.()49157
RlUlRDfD 03/28/2006 10130114 AM
RECORDING FEES 21.00
R!:.toftDf.D 8Y L Woodlty
Katherine W. Latorre, Esq.
City of Winter Springs Assistant City Attorney
Brown, Garganese, Weiss & D'Agresta, P.A.
225 E. Robinson Street, Suite 660
P.O. Box 2873
Orlando, FL 32802-2873
(407) 425-9566
FIRST MODIFICATION TO DEVELOPER'S AGREEMENT
THIS FIRST MODIFICA TION TO DEVELOPER'S AGREEMENT ("First
Modification"), made and executed this .2f1"day of March, 2006, by and between the CITY OF
WINTER SPRINGS, a Florida municipal corporation ("City") whose address is 1126 East State
Road 434, Winter Springs, Florida 32708, and MOSS ROAD, LLC, a Florida limited liability
company, whose address is 738 Rugby Street, Orlando, Florida 32804.
WITNESSETH:
WHEREAS, the City and Moss Road, LLC entered into a Developer's Agreement dated
June 7,2005, and recorded in Official Records Book 05787, Page 1180, of Seminole County, Florida
(the "Agreement"); and
WHEREAS, the parties desire to modify the Agreement to allow Moss Road, LLC to install
a fixed panel of storefront windows on the existing building, as well as install a masonry screening
wall adjacent to the rear of the building; and
WHEREAS, the parties acknowledge and agree that all other terms and conditions of the
Agreement not expressly modified by this First Modification shall remain in full force and effect.
NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements
set forth and other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the parties agree to modify the Agreement as follows:
1.0 Recitals. The foregoing recitals are hereby incorporated herein by this reference and
deemed a material part of this First Modification.
2.0 Modification. The City and Moss Road, LLC agree that Section 3(i) ofthe
Agreement shall be modified as follows: (underlined type indicates additions and sttikcopt type
indicates deletions):
"(i) Moss Road LLC shall install a fixed panel of storefront wi~dows on the front of the
FIRST MODIFICATION TO DEVELOPER'S AGREEMENT
CITY OF WINTER SPRINGS / MOSS ROAD, LLC
Page 1 00
most westerly building, located on the Southeast comer of Moss Road and State Road 434, where
the garage area of the building currently exists. Further, Moss Road, LLC shall add a masonry
screening wall adiacent to the rear of the building which will extend in height a minimum of eight
inches (8") over the top of the equipment to be screened, and shall be finished in either stucco or
brick to match the exterior of the building shall brick-in the nont galagc Mea and shall also seleCll
the mechanical alca on the leal of the building, flom SR 434, with a G' masonry wall, when site.
dGvclopmcnt OI building GOllstmctioll begins. Moss Road shall modify Lot 1 parking lot, including
the additional landscaping as shown on the site plan at such time as construction begins on either Lot
1 or Lot 2."
3.0 Recordation. This First Modification shall be recorded in the public records of
Seminole County, Florida, and shall run with the land.
4.0 Miscellaneous. All terms and conditions ofthe Agreement which are not expressly
and specifically modified by this First Modification shall continue to remain in full force and effect.
IN WITNESS WHEREOF, the parties have executed this First Modification as of the date
first written above.
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APPROV D AS TO FORM AND LEGALITY
For the use and reliance ofthe City of
Winter Springs, Florida only.
Daled&
By'
. th y A. Garganese,
City Attorney for the City of Winter Springs
FIRST MODIFICATION TO DEVELOPER'S AGREEMENT
CITY OF WINTER SPRINGS / MOSS ROAD, LLC
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MOSS ROAD, LLC
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WITNESSES:
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Pro tN. e: -:r-t; ~ki Il~{e
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Print Name: tH..J{l f.:_ tnlE:~.t
COUNTY OF
The fo going instrument was acknowledged befj
as
orida limited liability company, [ ~o is pers
as identification.
day of ~2006,
~ of Moss Road~C
y known to me or [ ] produced
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FIRST MODIFICATION TO DEVELOPER'S AGREEMENT
CITY OF WINTER SPRINGS / MOSS ROAD, LLC
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