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Home My WebLink AboutAshton Orlando Residential 1st Modification -2005 03 28 ,r 'Ii , I 1." I'..' .. II. II ..111 ..111 11111 I" 1111111111 11111 III. 11111 1111. THIS INSTRUMENT WAS PREPARED BY: 'patrick K. Rinka, Esquire 'Lowndes, Drosdick, Doster, Kantor & Reed, PA 215 North Eola Drive Post Office Box 2809 Orlando, FL 32802-2809 (407) 843-4600 MARYANNE MORSE, CLERK OF CIRCUIT COURT SEMINOLE COUNTY BK 05677 PGS 1396-1400 CLERK#S , 2005057171 RECORDED 04/07/2005 11:32:01 AM RECORDING FtES 44.00 RECORDED BY G Harford ;i ~ AND SHOULD BE RETURNED TO: Anthony Garganese City Attorney of Winter Springs Brown, Garganese, Weiss & D'Agresta, P.A. 225 E. Robinson St., Suite 660 Orlando, FL 32801 (407) 425-9566 FOR RECORDING DEPARTMENT USE ONLY FIRST MODIFICATION OF DEVELOPMENT AGREEMENT TIDS FIRST MODIFICATION OF DEVELOPMENT AGREEMENT (the "Agreement") is made and executed this Jf~ day of M ,,"(""Co ~ , 2005, by and between the CITY OF WINTER SPRINGS, a Florida Municipal Corporation (the "Cityll), whose address is 1126 East S.R. 434, Winter Springs, Florida 32708, and ASHTON ORLANDO RESIDENTIAL, L.L.C., a Nevada limited liability company ("Ashton"), whose address is 341 North Maitland Avenue, Suite 100, Maitland, Florida 32751. WITNESSETH: WHEREAS, Barclay Woods, LLC, a Florida limited liability company ("Barclay Woods"), and the City previously entered into a binding Development Agreement dated July 7, 2004 and recorded August 10, 2004 in Official Records Book 05418, Pages 0048-0056 of the Public Records of Seminole County, Florida (the "Development Agreement"), relating to certain real property located in Seminole County, Florida and more particularly described therein (the "Property"); and WHEREAS, Ashton purchased the Property from Barclay Woods and is the current fee simple owner of the Property; and WHEREAS, Ashton has requested an amendment to the Development Agreement in order to modify certain setback requirements and 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 (i) modify certain setback requirements, (ii) permit certain setback encroachments, and (iii) permit Ashton to commence construction of a limited number of model townhouse units First Modification to Developer's Agreement City of Winter Springs and Ashton Orlando Residential, L.L.C. .1- 0909516\103441\797375\2 ; , . , prior to the recordation of the fmal plat for the development Project, all under the terms and conditions contained herein. NOW THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties mutually agree to amend the Development Agreement as follows: I. The recitals set forth above are true and correct and are incorporated herein by this reference. Unless otherwise set forth herein, all capitalized terms utilized herein shall have the same meaning as set forth in the Development Agreement. 2. Section 3(t) of the Development Agreement is hereby deleted in its entirety, and the following new Section 3(t) is hereby inserted in lieu, in place and instead thereof, to wit: (t) Building Setbacks. The City hereby acknowledges and agrees that since all streets and roadways within the Project will be private, the fifteen (15) foot building setbacks normally required from publicly-dedicated rights-of-way (pursuant to Section 20-482 of the Code) shall not be required. Nevertheless, (i) individual buildings within the Project (including patios and privacy walls) shall be constructed no closer than eighteen (18) feet from the back of the curb of the private streets and roadways as set forth in the Engineering Plans, (ii) garage doors shall be constructed no closer than twenty (20) feet from the back of the curb of the private streets and roadways as set forth in the Engineering Plans, and (iii) except for a portion of buildings 3, 4 and 5 as depicted on Ashton's Final Engineering Plans, no part of any residential building (including patios and privacy walls) shall be constructed in common areas. In addition, the City hereby agrees that the rear setback requirement shall be reduced from ten (10) feet to six feet eight inches (6'8"). Upon completion of construction of the foundations for buildings 3, 4 and 5 of the Project, Ashton shall prepare and submit to the City an "as-built" drawing showing the improvements and the actual rear setbacks to confirm compliance with the requirements hereof. 3. Section 3(h) of the Development Agreement is hereby deleted in its entirety. The following new Section 21 is hereby added to the Development Agreement, to wit: 21. Construction and Use of Model Townhouse Units. Prior to the recording of the final plat, the City agrees to permit Ashton to construct model townhouse units under the following conditions: (a) The model townhouse units shall be contained in a single building and shall not exceed eight (8) individual units. (b) The model townhouse units shall remain under Ashton'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, Ashton shall not contract for sale, sell, or lease any of the individual model townhouse First Modification to Developer's Agreement City of Winter Springs and Ashton Orlando Residential, L.L.C. .2. 0909516\10344 1\797375\2 .. , . units until such time as the City approves and records the fmal plat for the Project and issues a final certificate of occupancy for each unit. (c) The model townhouse units shall be located in close proximity to the entrance of the Project. (d) Prior to construction, the model townhouse units shall be duly permitted by the City in accordance with all City Codes. As part of the building permit application, Barclay Woods 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. Ashton 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. Ashton 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. (e) At such time the Building Official completes and approves a fmal 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 model townhouse units shall be limited to the sale and marketing efforts for the Project. In addition, Ashton shall have the right to utilize one garage in the model townhouse building as a temporary sales office. (f) At the request of Ashton 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. 4. All other terms and conditions of the Development Agreement, not in conflict with this First Modification, shall remain in full force and effect. [SIGNATURE BLOCKS BEGIN ON NEXT PAGE] First Modification to Developer's Agreement City of Winter Springs and Ashton Orlando Residential, L.L.C. - 3 - 0909516\103441 \797375\2 t . IN WITNESS WHEREOF, the parties have hereunto set their hands and seal on the ate first above written. CITY OF WINTER SPRINGS ATTEST: By:Jf1tk~H Andrea Lorenzo Luaces, City Clerk APPROVED AS TO FORM AND LEGALITY For the use and reliance of the City of Winter Springs, Florida only. CITY SEAL Date: By: ~ony ese, City Attome r the City of Win er Springs, Florida STATE OF FLORIDA COUNTY OF SEMINOLE Personally appeared before me, the undersigned authority, John F. Bush and Andrea Lorenzo Luaces, well known to me to be the Mayor and City Clerk respectively, of the City of Winter Springs, Florida, and acknowledged before me that they executed the foregoing instrument on behalf of the City of Winter Springs, as its true act and deed, and that they were duly authorized to do so. Witness my hand and official seal this.) f#day of M III U0 , 2005. (NOTARY SEAL) ~~ . Notary Public My comm.ission expires: ,~1\ DtbrI C. FlInIdIn . ~ j My CommIIIIon D02V2I71 ~ Of,.1 Expires Februafy 22, 2008 First Modification to Developer's Agreement City of Winter Springs and Ashton Orlando Residential, L.L.C. -4- 0909S 16\103441\7<J737SU . l l, f' , , .. I '" Signed, sealed and delivered in the presence of the following witnesses: ASHTON ORLANDO RESIDENTIAL, L.L.C., a Nevada limited liability company &~<~t2t~ J1;1:Ji~A 4(~ Printed Name of Witness ' By: ASHTON WOODS USA, L.L.C., a Nevada limited liability company, its managing member ~ vW1.L ~~~ Si~~fWitness , de' rtAL( IJ(~/ Printed Name of Witness By: Name: Title: ~g /O~ / Date: STATE OF ~~ COUNTY OF ') J1J. The foregoing instnnnent was ~owledged before me this Zg- day of tJJ(cJt , 2005, by JDhn ~ ' as J),V;5}m Prtt;,'bj.of Ashton Woods USA, L.L.C., a Nevada limited liability ompany its managmg member of ASHTON ORLANDO RESIDENTIAL, L.L.C., a Nevada limited liability company, on behalf of said company. He is personally known to me or produced as identification. (NOTARY SEAL) ~~~,~ (Notary Public Signature) ~\\'~';A~f1J."" [:f~' .~~ M Patricia Altman l~:. M YCOMM/SS/ON # DD223759 EXPIRES -1,'}" ....R>~.. August 23 2007 "',9r.tfll~\\' BONDED THRU TROY FA"N INS URANCf, INc. (Print Name) Notary Public, State of Commission No.: My Commission Expires: First Modification to Developer's Agreement City of Winter Springs and Ashton Orlando Residential, L.L.C. -5- 0909516\103441\797375\2