HomeMy WebLinkAboutFirst Orlando Development Co Inc First Modification of Development Agreement -2005 05 23
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AND SHOULD BE RETURNED TO:
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Anthony Garganese, Esquire
~ City Attorney of Winter Springs
Brown Garganese, Weiss & D'Agresta, P.A.
225 E. Robinson St., Suite 660
Orlando, FL 32801
(407) 425-9566
FIRST MODIFICATION OF DEVELOPMENT AGREEMENT
THIS FIRST MODIFICATION OF DEVELOPMENT AGREEMENT (the
"Agreement") is made and executed this 6th day of June, 2005, by and between the City
of Winter Springs, a Florida Municipal Corporation (the "City"), whose address is 1126
East S.R. 434, Winter Springs, Florida 32708, and First Orlando Development Co., Inc.,
a Florida corporation ("First Orlando"), whose address is 337 N. Femcreek Avenue,
Orlando, Florida 32789.
WITNESSETH:
WHEREAS, First Orlando and the City previously entered into a binding
development agreement which is recorded in the Public Records of Seminole County,
Florida at Official Record Book 05752, Pages 1747-1755 (the "Development
Agreement"); and
WHEREAS, First Orlando has requested an amendment to the Development
Agreement in order to enhance the sale and marketing efforts of the development Project;
and
WHEREAS, in furtherance of this request, the parties desire to amend the
Development Agreement to permit First Orlando to commence construction of a limited
number of model townhouse units prior to the recordation of the final plat for the
development Project under the terms and conditions contained herein; and
NOW THEREFORE, in consideration of the mutual promises and covenants
contained herein, the parties mutually agree to amend the Development Agreement as
follows:
Section 1.
The following paragraph is added to the Development Agreement:
First Modification to Developer's Agreement
City of Winter Springs and First Orlando Development, Co., Inc.
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22. Construction and Use of Model Homes. Prior to the recording of
the final plat, the City agrees to permit First Orlando to construct model townhouse
units under the following conditions:
(I) The model townhouse units shall be contained in a single building and
shall not exceed four (4) individual units.
(2) The model townhouses shall remain under First Orlando's ownership
and control until such time as the final plat is recorded by the City and a final
certificate of occupancy for each unit is issued under the conditions set forth below.
In other words, First Orlando shall not contract for sale, sell, or lease any of the
individual model townhouse units until such time as the City approves and records
the final plat for the Project and issues a final certificate of occupancy for each unit.
(3) The model townhouse units shall be located in close proximity to the
right side to the entrance of the Project.
(4) Prior to construction, the model townhouses shall be duly permitted by
the City in accordance with all City Codes. As part of the building permit
application, First Orlando shall submit, along with all construction plans for the
townhouse units, a duly certified boundary survey which shall depict the location and
legal description of the model townhouse site and each individual model townhouse
lot. First Orlando acknowledges and agrees that this legal description is intended to
coincide with the eventual location of the townhouse lots as depicted and legally
described on the final plat. First Orlando assumes full and complete responsibility
and liability in the event that said legal descriptions do not conform to the lot lines
required by the City in final plat.
(5) At such time the Building Official completes and approves a final
inspection of the model townhouse units, the City will issue a temporary certificate of
occupancy. Said temporary certificate of occupancy shall be issued for the model
townhouse building as a whole, not by individual units. Occupancy of the townhouse
units shall be limited to the sale and marketing efforts for the Project. In addition,
First Orlando shall have the right to utilize one garage in the model townhouse
building as a temporary sales office.
(6) At the request of First Orlando or at such time the Project
development is completed, whichever occurs sooner, the model townhouse units shall
be converted into permanent residential units and the City shall issue individual
certificates of occupancy for each model townhouse unit; provided, however, the
final plat is approved and recorded by the City and the Building Official determines
that the units are suitable for permanent residential occupancy and in compliance
with the City Code.
2
First Modification to Developer's Agreement
City of Winter Springs and First Orlando Development, Co., Inc.
Section 2. All other terms and conditions of the Development Agreement, not in conflict
with this First Modification, shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seal on the
date first above written.
CITY SEAL
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ApPROVED AS TO FORM AND LEGALITY For the
use and reliance of the City of Winter Springs,
Florida, only.
Dated:
3
First Modification to Developer's Agreement
City of Winter Springs and First Orlando Development, Co., Inc.
Signed, sealed and delivered in the
presence of the following witnesses:
FIRST ORLANDO DEVELOPMENT CO.,
INC., a Florida Corporation
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BY.~~
Printed Name:. If. QA. T I ~...
Title:-P" ~ .. ./
Printed Name of Witness
, 1u et. iJaqaAL
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I rOt'.., "~a.n
Printed Name ofWitn
STATE OF FLORIDA
COUNTY OF OrlLnqt-
The foregoing instrument was acknowledged before me this dio ~ day of
m n Ll 2005, by as
of FIRST ORLANDO DEVELOPMENT CO., INC., a Florida
Corporation, on behalf of said corporation. ,He is personally known to me or produced
as identification. .
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· · .., ~ DD203878
., Exphe ... 27, 2007
1 UtI!;. f'i&JCUL
(No~ Public Signatu~
'Tr-- Ct Q ~ p n. 3 CU'\
(Print Name)
Notary Public, State of r I (J r' I c1...CL
Commission No.:
My Commission Expires:
(NOTARY SEAL)
4
First Modification to Developer's Agreement
City of Winter Springs and First Orlando Development, Co., Inc.