HomeMy WebLinkAboutWinter Springs Golf, LLC Fourth Amendment to Settlement AgreementIIIIININNaINtNM~NMN~N~N~IINMIN11111
THIS INSTRUMENT WAS PREPARED BY
AND SHOULD BE RETURNED TO:
Anthony Garganese
City Attorney of Winter Springs
n, Brown, Garganese, Weiss & D'Agresta, P.A.
V 1 I 1 N. Orange Avenue, Suite 2000
Orlando, FL 32802
(407)425-9566
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FOR RECORDING DEPARTi•iENT IiSE ONLY
FOURTH AMENDMENT TO SETTLEMENT AGREEMENT
THIS FOURTH AMENDMENT TO SETTLEMENT AGREEMENT is made and
executed this _~ day of September, 2008, by and between the CITY OF WINTER
SPRINGS, a Flonda Municipal Corporation (the "City"), whose address is 1126 East S.R. 434,
Winter Springs, Florida 32708, and REACT LAND, LLC, a Florida limited liability company
and WINTER SPRINGS GOLF, LLC, a Florida limited liability company ("Owner"), whose
address is 375 Forsgate Drive, Monroe Township, New Jersey 08831.
WITNESSETH:
WHEREAS, this Fourth Amendment to Settlement Agreement is an amendment to that
certain Settlement Agreement and Amended Settlement Agreement No. 1 which are recorded at
Book 3102, Page 1354 ("Original Settlement Agreement"), as amended by that certain Second
Amendment to Settlement Agreement, which is recorded at Book 3146, Page 0454, as amended
by that certain Third Amendment to Settlement Agreement, which is recorded at Book 06881,
Page 0235. All of said agreements are or will be recorded in the Public Records of Seminole
County, Florida. (sometimes collectively referred to herein as "Settlement Agreement"); and
WHEREAS, in relevant part and subject to certain terms and conditions, the Third
Amendment to Settlement Agreement provided Owner with the right to develop up to 60
residential condominium units on Parcel 7; and
WHEREAS, subsequent to the Third Amendment to Settlement Agreement being
approved and recorded, the City received a formal permit application for approval of the final
development plans and engineering plans for the Condominium Property; and
WHEREAS, on September 8, 2008, the City Commission approved the final
development and engineering plans for the Condominium Project authorizing the development of
the sixty residential condominium units ("Plans"); and
WHEREAS, given the approval of the Plans, the Owner and the City desire to modify
and clarify provisions under the Settlement Agreement so that the Settlement Agreement and the
Fourth Amendment to Settlement Agreement
Tuscawilla Golf and Country Club Property
Page I of 5
Plans are interpreted consistently relative to said modifications and clarifications listed herein;
and
WHEREAS, the City and Owner have determined that it is in their mutual interest to
modify the Settlement Agreement for purposes of enhancing and preserving the Tuscawilla Golf
and Country Club and the Tuscawilla community.
NOW THEREFORE, in consideration of the recitals and other good and valuable
consideration, the Owner and the City agree to modify the Settlement Agreement, as follows:
1.0 Paragraph 3.0(a)(4) of the Third Amendment to Settlement Agreement is hereby
deleted and revised to read as follows:
Owner shall install and maintain a six foot (6') tall decorative wrought-iron or similar
decorative fence along the boundary of Parcel 7 which is adjacent to Winter Springs
Boulevard. The fence shall be subject to the City' aesthetic review approval process and
criteria which are set forth in Sections 9-600- through 9-606 of the City Code. However,
this decorative fence requirement shall only become effective at such time the building
permits have been issued for the condominium project on the Condominium Property.
2.0 Paragraph 3.0(a) is hereby amended to add the following paragraph (5):
The City acknowledges and agrees that the existing golf course maintenance building
located on Parcel 7 shall be relocated to the Parcel 8 Remainder prior to the final
completion of the condominium project on the Condominium Property .
3.0 Paragraph 3.0(a) is hereby amended to add the following subparagraph (6):
It is understood by Owner and the City that a significant amount of fill material will be
required to construct the residential condominium units on the Condominium Property.
Owner and City agree that a portion of the Club Property within the existing 4tH and 10tH
fairways may be excavated and excavated soil shall be relocated to the Condominium
Property for fill purposes. Such excavation and fill relocation shall also be subject to
permits issued by the City and any other applicable government permitting agency. It is
further understood by Owner and the City that if the excavation is permitted by the City,
the excavation areas shall be incorporated into the 41n and 10tH fairways as bona fide water
features as commonly seen elsewhere on the Club Property.
4.0 Paragraph 3.0(a) is hereby amended to add the following subparagraph (7):
No later than the date on which the first temporary or permanent certificate of occupancy
is issued by the City for any condominium unit on the Condominium Property, Owner
shall grant the City an emergency ingress and egress for Parcel 7 upon terms and
conditions reasonably acceptable to the City and Owner. The easement area shall be a
minimum of twenty (20) feet in width and shall be legally described as set forth in
EXHIBIT °°A," which is attached hereto and fully incorporated herein by this reference.
5.0 Paragraph 4.0(c) is hereby amended to add the following two sentences:
Fourth Amendment to Settlement Agreement
Tuscawilla Golf and Country Club Property
Page 2 of 5
If the conservation easement is conveyed as required hereunder, the easement shall
provide that the Owner has the right to continue using the Parcel 8 Remainder for
purposes of maintaining the country club and golf course. Said right shall, however, only
extend to the area of the Parcel 8 Remainder which is currently being used as a
maintenance facility and the area which is needed to reasonably accommodate the golf
course maintenance building relocated from Parcel 7. In addition, said right shall include
the right to maintain, repair, replace, and use the maintenance facilities/buildines in the
future.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seal on the
date first above written.
ATTEST:
By: ,
An Lorenzo Luaces, City Clerk
CITY SEAL
CITY OF WINTER SPRINGS
F. Bush, Mayor
APPROVED AS TO FORM AND LEGALITY
For the use and reliance of the City of Winter Springs,
Florida only.
19
Date:
By:
Anthony X. Garganese, City Attorney for
the City of Winter Springs, Florida
Fourth Amendment to Settlement Agreement
Tuscawilla Golf and Country Club Property
Page 3 of 5
Signed, sealed and delivered in the
presence of the following witness:
of
Name of Witness
WINTER SPRINGS GOLF, LLC, a Florida
limited liability company
J
B 1
Member/Manager
Date
Signature of ,~V mess
f~t~,~d'`1~-~-' ~4~Jt~
Printed Name of Witness
~'1 ~b l~~
STATE
COUNTY _ ~E pi.~g,.,t~?~',
The foregoing instrumen was acknowledged before me this ~ day of
2008, i ~Manager/Member of WINTER SPRINGS GOLF,
LLC, a Florida limited 1' bil~m any, on behalf aid company. He is personally known to
me or produced ~ . ~ . ~~ ~ as identification.
(NOTARY SEAL)
(Print Name)
Notary Public, State of .• ' "'•••~..,,
Commission No. ,,_;'>,`'~,..N..~l.~,s,'-
My Commission Expires: _ ~`~ ~ ,~ .~ 8 A •~ : ~
I.EMIA MAAINELII • ~ : c" =
NOTARY PUBLIC OF NEW n ~ ~ p ~~.
ttl ,
Commission Expires 4I251'~.~ .•;~~.
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Fourth Amendment to Settlement Agreement
Tuscawilla Golf and Country Club Property
Page 4 of 5
Signed, sealed and delivered in the
presence of the following witn~
Signature of
Printed Name of Witness
Signature gf,Wimess
Printed Name of Witness
STATE OF ~~~~~
COUNTY OFD\_~~~~~,
The foregoing instrument was acknowledged before me this ~ /. day of
2008, c~s`~~-'' ,.y,;ni0.`~°,~`a~ Member/Manager of REACT LAND, LLC, a
Florida limited liability company, on behalf of said pany. He is personally known to me or
produced ~ . ,, .~('1rz~ ~CA, as > entifi~ation.
(NOTARY SEAL)
REACT LAND, LLC, a Florida limited liability
company
i~ ~ -~
By'~_ r
Member/Manager
Date: ~~~~'~a ~
f~otary lic Signature) t , ^ ~ "
`'11.x.1( ~ ~~'~
(Print Name)
Notary Public, State of .•~ '' "" " •~•..,
Commission No. .•' ~~ ...••...,l~,y"'
My Commission Expires: ~ ~ r' •'••. ~~'•
d•
LEMtA MARINELLI ~ :~ RNs ~ ~:~'~ .'
NOTARY PUBLIC OF NEW JEASEX~~'•°••...••••''~~ '
Commission Expires 412512013 ',,,,•b..~ W,~,,..
Fourth Amendment to Settlement Agreement
Tuscawilla Golf and Country Club Property
Page 5 of 5
~~• ~ ' ~ ,
09/03/2008 12:37 407327475_ WINTER SPRINGS BLL~ PAGE 02/03
SKETCH OF DESCRIPTION: ~ EXHIBIT _
a
POINT OF COMMENCEMENT WINTER SPRINGS BOULEVARD ~ ~
- _~ WES1EgLY yOST CORNER DF TieAOT 'C', 127 RIGHT Of Nor
~RROMNEAO Ai TLISCAWILL+ YN~* 2,
PLAT BOOK eB, PAOES e2-S~
589 SB'38'E
I 131.78' r POINT OF BEGINNING
a I ~ SOU TN R161T OR w-r LINE
=' j DF NINTiR S~RINCS BCtJIE~AgD
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EASEMENT
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POINT OF TERMINUS
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i`MATCHLINE A m~
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TU4KAVALIA COUNTRY ClU9
COLF COURSE
LINE TABLE
LINE BEARING LENGTH
L1 1 4'41"E 33.04'
L2 N81`00'15"E 23.09'
L3 N85'49' 2"E 6.65'
L4 6'57' 0"E 7.21'
L5 582' 2'43"E 7 5'
L6 73'16'21"E 40. 1'
L7 S 1'16'37"E 28.56'
L8 N73'11'S3"E 6 9'
L9 N61'33'0 6.01'
L10 N6 '4 'S7"E 59 36'
L11 'N50'33'27"E 59, 3'
LIZ N74'42'48" 49.J5'
L13 N86'S5'S4"E 76, 54'
L14 N70'36'21"E 44 4 '
L15 588'07'36" 72.73'
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N
TUSKAVVILLA COUNTRY C~u6
CLUB HOUSE
CENTERLINE OF
20' EASEMENT
L4
TUSKAVnILA COUNTRY CLUB
G01,F COURSE
SHEET 2 OF 2
SEE SHEET 1 Of 2
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09/03/2008 12:37 407327475 WINTER SPRINGS BLL. PAGE 03/03
A PORTION OF LAND LYING IN SECTION 7, TOWNSHIP 21 SOUTH, RANGE 31 EAST, SEMINOLE COUNTY,
FLORIDA, BEING MORE PARTICULARLY DESCRIBED A5 FOLLOWS:
COMMENCE AT THE HOST WESTERLY CORNER OF TRACT "C", ARROWHEAD AT TUSCAWILLA UNIT 2, AS
RECORDED IN PLAT BOOK 48, PAGES 52 THRU 54 IN THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA;
THENCE SOUTH 89'58'36" EAST, A DISTANCE OF 131.76 FEET ALONG THE NORTH LINE •OF SAID TRACT "C"
AL50 BEING THE SOUTH RIGHT OF WAY LINE OF WINTER SPRINGS BOULEVr\RD RECORDED IN OFFICIAL
RECORDS BOOK 1057, PAGES 1642 THRU 1644, OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA,
TO THE POINT OF BEGINNING OF A TWENTY FEET INGRESS AND EGRESS EASEMENT LYING TEN FEET ON
EACH 510E OF THE FOLLOWING DESCRIBED CENTERLINE; THENCE OEPARTIN:; SAID SOUTH RIGHT OF WAY LINE
OF WINTER S?RINGS BOULEVARD SOUTH 12'x4'41" EAST, A DISTANCE OF ;.3.04 FEET: THENCE RUN SOUTH
34'34'04" EAST, A DISTANCE OF 359.74 FEET; THENCE RUN SOUTH 15'16'.32" WEST, A DISTANCE OF 162.71
FEET; THENCE RUN SOUTH 09'21'56" EAST, A DISTANCE OF 167,21 FEET; THENCE RUN NORTH 81'00'15"
EAST, A DISTANCE OF 23.09 FEEr; THENCE RUN NORTH 85'x9'42" EASr, A DISTANCE OF 26.65 FEET;
THENCE RUN SOUTH 86'57'10" EAST, A DISTANCE OF 27.21 FEET; THENCE RUN SOUTH 82'52'43" EAST, A
DISTANCE OF 27,55 FEET; THENCE RUN NORTH 73'16'21" FAST, A DISTA;Nt;E OF 4Q,21 FEET; THENCE RUN
NORTH 66'19'49" EAST, A DISTANCE OF 118,36 FEET; THENCE RUN SOUTH 51'16'37" EAST, A DISTANCE OF
28.56 FEET; THENCE RUN NORTH 73'11'53" EAST, A DISTANCE OF 2fi.29 FEET; THENCE RUN NORTH
61'33'02" EAST, A DISTANCE OF 66.01 FEET; THENCE NORTH 65'43'57" WrST, A DISTANCE OF 59.36 FEET;
THENCE NORTH 54'33'27" EAST, A DISTANCE OF 59.63 FEET; THENCE NOF:TH 74'42'46" EAST, A DISTANCE
OF 49.35 FEET; THENCE NORTH 86'55'54" EAST, A DISTANCE OF 76,54 FEET; THENCE NORTH 70'36'21"
EAST, A DISTANCE OF q.4.413 FEET; THENCE SOUTH 88'07"36" EAST, A OICTANCE OF 72,73 FEET TO A
POINT OF TERMINUS.
In accordance with CH-61G17-6
of the Florida Administrative Code,
this Description and Sketch of Description
beors the notation:
THIS IS NOT A SURVEY.
BEARINGS SHOWN HEREON ARE BASED pN THE SOUTH
RICMT OF WAY LINE OF WINTER SPRINGS BOULEVARD aS
BEING S89'S8'30'E. PER PLAT,
TCN OF DESCRIPTI
20' INGRESS EGRESS EASEMENT
OATS: B-U_Oe
SCALE' N/A ~_-_-~
APPROVED BY: GAS „_
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WINTER PARK, fLOR104 ]2789
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SHEET 1 OF 2
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DATE:
~EG1-~Ii_I , .
~Tv +J t~":;,~~ IS~~CTORY
fOR SCA(~IIVIiVG
NOV ? ~ 2Q08
BROWN, GARGANESE, WEISS & D'AGREST~, ~„,~,.~R SPRINGS
OFFICE OF THE CITY CLERK
Attarney.r at Lazv
Debra S. Babb-Nutcher°
Joseph E. Blitch
Usher L. Brown'
Suzanne D'Agresta°
Anthony A. Garganese°
William E. Reischmann, Jr.
J.W. Taylor
Jeffrey S. Weiss
'Board Certified Civil Trial Lawyer
"Board Certified City, County & Local Government Law
Board Certified Appellate Practice
Andrea Lorenzo-Luaces, City Clerk
City of Winter Springs
1126 East State Road 434
Winter Springs, Florida 32708
November 17, 2008
Re: City of Winter Springs / Tuscawilla Country Club
Dear Andrea:
Tara L. Barrett
Vivian P. Cocotas
Scott J. Domstein
Robin Gibson Drage
Christopher H. Hunt
Katherine W. Latorre°
Terri E. Oster
Richard W. Withers
Gary M. Glassman
Erin J. O'Leary'
Amy J. Pitsch
Catherine D. Reischmann°
Of Counsel
Please find enclosed for safekeeping, the original fully executed recorded Fourth
Amendment to Settlement Agreement between the City of Winter Springs, React Land LLC
and Winter Springs Golf, LLC.
Should you have any questions, please do not hesitate to contact me.
Very ruly yours,
~zz-t=
Jennette Farris
Assistant to Anthony A. Garganese
/jf
Enclosure
Offices in Orlando, Kissimmee, Cocoa,
Ft. Lauderdale & Tampa
111 N. Orange Ave, Suite 2000 • P.O. Box 2873 • Orlando, Florida 32802-2873
Orlando (407) 425-9566 Fax (407) 425-9596 • Kissimmee (321) 402-0144 • Cocoa (866) 425-9566 • Ft. Lauderdale (954) 670-1979
Website: www.orlandolaw.net • Email: firm@orlandolaw.net