HomeMy WebLinkAboutCentex Homes Second Modification to Binding Development Agreement - 2004 06 14__
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Prepared by and Return to:
Anthony A. Garganese, City Attorney
Brown, Salzman, Weiss &Garganese, P.A.
225 E. Robinson Street, Suite 660
P.O. Box 2873
Orlando, FL 32802-2873
h~HYf MURSE~ CLERK tl~' CIRCUIT COIRtT
9EMINUt.,E t~,KJNTY
AK 05363 GG5 1)089-0091
CLERK'S # 201)4101 1)33
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SECOND MODIFICATION TO
BINDING DEVELOPMENT AGREEMENT
THIS SECOND MODIFICATION TO BINDING DEVELOPMENT AGREEMENT
(hereinafter referred to as "Second Modification"), made and executed this fl. day
of .Tout e. , 2004, by and between the CITY OF WINTER SPRINGS, a Florida
municipal corporation (hereinafter referred to as the "City"), whose address is 1126 East
State Road 434, Winter Springs, Florida, 32708, and CENTEX HOMES, a Nevada general
partnership (hereinafter referred to as "Centex"), having a principal place of business at
385 Douglas Avenue, Suite 2000, Altamonte Springs, Florida, 32714
WITNESSETH:
WHEREAS, the City, Centex, Springs Land Investments, Ltd., and Jessup Shores
Limited Partnership previously entered into a Binding Development Agreement recorded
in Official Record Book 4358, Page 1310, of the public records of Seminole County; and
WHEREAS, a First Modification to that Binding Development Agreement was
recorded in Official Record Book 4625, Page 1106, of the public records of Seminole
County; and
WHEREAS, the City and Centex now desire to amend a portion of that Binding
Development Agreement related to the Residential Property, which is gwned by Centex;
and
Second Modification to Binding Development Agreement
City of Winter Springs -Centex Homes
Page 1 of 3
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WHEREAS, the City and Centex desire to amend Exhibit "C" to that Binding
Development Agreement to change the minimum rear setback requirement from twenty
(20') feet to fifteen (15') feet.
NOW, THEREFORE, inconsideration of the mutual covenants and mutual benefits
herein contained, the parties agree as follows (s#~tkeeat type are deletions and underlined
type are additions):
1.0 Recitals. The foregoing recitals are hereby fully incorporated herein by this
reference and deemed a material part of this Second Modification.
2.0 Rear Setback Amendment. Exhibit "C," Residential Development
Standards, is hereby amended to read as follows:
Minimum building setbacks on lots:
Front: 20'
Side: 0'
Rear: z~ 15'
3.0 Recordation. This Second 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 of the Binding Development
Agreement not amended by this Second Modification shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have executed this Second Modification as
of the date first written above.
[SIGNATURE PAGE FOLLOWS]
Second Modification to Binding Development Agreement
City of Winter Springs -Centex Homes
Page 2 of 3
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ATTEST:
ANT LORENZO-LUACES
Ci C rk
WITNESSES:
CITY OF WINTER SI~IRIRGS,
a Florida municipal rorpc~f~ativn,
c
By: iT ~ -~
J N F. B1JSH
ayor
CENTEX HOMES,
a Nevada general partnership,
by: CENTEX REAL ESTATE CORPORATION,
a Nevada corporation,
Managing General Partner
PA RICK J. KNIGHT
Division President
~ ' Iii o~c
~ ~ Date:
Pri t Name: ~ !
STATE OF +~l,cC~_
COUNTY OF ~„~,.,~~~
The foregoing instrumentwas acknowledged before me this~~ay of ~~~ , 2004,
by PATRICK J. KNIGHT, as Division President of CENTEX REAL ESTATE CORPORATION, a
Nevada corporat' n, Managing General Partner of CENTEX HOMES, a Nevada general
partnership, ) who is personally known to me, or [ ] who has produced
as identification.
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~rP F..,"~„~g,Zppd NOTARY PUBLIC
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Fbrida Nci<:ryAssn., inc Print Name:
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My commission expires:
G:\Docs\City of Winter Springs\Wagner's Curve DevelopmentWgreements\Second_Modification_Dev_Agreement.wpd
Second Modification to Binding Development Agreement
City of Winter Springs -Centex Homes
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