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Home My WebLink AboutReact Land, LLC-Townhome Building Authorization/Agreement-2012 02 27V[B G I 1 I \ ( flange Ave- Suite 211()(1 P() B(IN 28 k )rlando, Hond,l 32((112 -28 1'hrm� (41h' 425 -9566 1'.rn !40 -y 425 -9516 Andrea Lorenzo- Luaces, City Clerk City of Winter Springs 1126 East State Road 434 Winter Springs, FL 32708 .%lttorngs at Lazy F ECEIVED MAR 12 2012 Anthony A. Garganese Board Certified City, County & Local Government Law CITY OF WINTER SPRINGS OFFICE OF THE CITY CLERK March 9, 2012 Re: Sixth Amendment to Settlement Agreement Dear Andrea: agarganese(q /a m net Enclosed for safekeeping is the original recorded Sixth Amendment to Settlement Agreement between the City of Winter Springs, React Land, LLC and Winter Springs Golf, LLC. Should you have any questions regarding this matter, please do not hesitate to call. Sin r Anthony A. Garganese City Attorney BROWN, GARGANESE, WEISS & UAGRESTA, P.A. Ft. Lauderdale (954) 670 -1979 • hissimmee (321) 402 -0144 • Cocoa (866) 425 -9566 Website: wwxv.orlandolaw.net • Email: firm @orlandolaw.net THIS INSTRUMENT WAS PREPARED BY AND TO BE RETURNED TO: Anthony Garganese City Attorney of Winter Springs Brown, Garganese, Weiss & D'Agresta, P.A. I 1 I North Orange Avenue, Suite 2000 Orlando, FL 32802 (407) 425 -9566 WAVROE MOPS. OF ElBlllUIT CMAT SEMINOLE COWTV 8K 07713 F'qs ISM — 1542t t5pgst CLERK'S #I 012 02 5271 RECORDED tl3 /t1 /2012 11 :47 :50 A" RECORDING FEES 44.00 REC MDED BY T Smith SIXTH AMENDMENT TO SETTLEMENT AGREEMENT APPLICABLE ONLY TO TUSCAWILLA COUNTRY CLUB PROPERTY THIS SIXTH AMENDMENT TO SETTLEMENT AGREEMENT is made and executed this 1 day of October, 2011, 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 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 Sixth Amendment to Settlement Agreement is an amendment to that certain Settlement Agreement and Amended Settlement Agreement No. 1 which are recorded at O. R. Book 3102, Page 1354 (the "Original Settlement Agreement "); as amended by that certain Second Amendment to Settlement Agreement, which is recorded at O. R. Book 3146, Page 0454; as amended by that certain Third Amendment to Settlement Agreement, which is recorded at O. R. Book 6881, Page 0235; and as amended by that certain Fourth Amendment to Settlement Agreement, which is recorded at O. R. Book 7090, Pages 844 through 850. 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, the parties acknowledge that a portion of the real property identified in the Third Amendment to Settlement Agreement as Parcels `B," "D," "E" and "F" on Exhibit "A of said Amendment is no longer owned by Owners and is subject to the Fifth Amendment to Settlement Agreement between the new owner of the property, MORGRAN GREENS, LLC, a Florida limited liability company and the City. Said Fifth Amendment generally modifies the Settlement Agreement to authorize townhomes to be built on said property and to eliminate the 4` tennis court and club membership requirement. The Fifth Amendment to the Settlement Agreement is not binding on the Owners; and WHEREAS, Owner and the City desire to amend the Settlement Agreement so that the Settlement Agreement affecting the Owner's property is consistent with the Fifth Amendment to Settlement Agreement affecting Morgran Greens' property related to the issues addressed in this Sixth Amendment to Settlement Agreement; and WHEREAS, the City and the Owner have determined that it is in their mutual interest to further modify the Settlement Agreement as it only relates to Owner's property. NOW, THEREFORE, in consideration of the recitals and other good and valuable consideration, the Owner and the City agree to modify the original Settlement Agreement as amended by the First, Second, Third and Fourth Amendments to Settlement Agreement for the Tuscawilla Country Club property as follows: 1.0 ACKNOWLEDGMENT. The Owner and the City hereby acknowledge and agree that the originn] Settlement Agreement, as amended by the Second, Third and Fourth Amendments to Settlement Agreement, is valid and binding upon the parties, except as modified herein. The parties agree that they have been fully informed of all matters relating to the Settlement Agreement, as amended, and intend to be bound by this Sixth Amendment to Settlement Agreement. 2.0 RECITALS. The foregoing recitals are true and correct and are hereby incorporated herein by this reference. The effective date of this Sixth Amendment to Settlement Agreement shall be the date that it is fully executed and recorded in the Public Records of Seminole County, Florida (the "Effective Date "). 3.0 The parties agree and hereby stipulate that the tennis court obligation set forth in Paragraph 3.0(a)(2) of the Third Amendment to Settlement Agreement has been fully satisfied in that no additional tennis courts are required to be constructed. 4.0 Paragraph 3.0(a)(3) of the Third Amendment to Settlement Agreement is hereby deleted. 5.0 The parties agree and hereby stipulate that the obligations set forth in Paragraph 7.0 of the Third Amendment to Settlement Agreement had been fully and completely satisfied. 6.0 The parties hereby acknowledge that the described golf course maintenance building previously located on Parcel 7 has been relocated to the Parcel 8 remainder pursuant to Paragraph 2.0 of the Fourth Amendment to Settlement Agreement. 7.0 The parties hereby acknowledge that the excavation and relocation of the soil pursuant to Paragraph 3.0 of the Fourth Amendment to Settlement Agreement have been accomplished and fully satisfied. However, the water level in the borrow pond did not rise to the level represented in the design plans. Therefore, additional side slope landscaping shall be required to enhance the appearance of the pond as a condition of final acceptance by the City of the townhome site development on the Townhome Property legally described in the Fifth Amendment to Settlement Agreement. -2- 8.0 RECORDATION. This Agreement shall be recorded in the Public Records of Seminole County, Florida. IN WITNESS WHEREOF, the parties have hereunto set their hand,%. ,, Isals on the date first above written.;. , , . , • , P • �� Signed, sealed and delivered in the presence of: CITY OF WDjT:F: SINGS By: Charlefi as APPROVED AS TO FORM AND LEGALITY for the use and reliance of the City of Winter Springs only. Date: Anthony A. Garganese City Attorney for the City of Winter Springs, Florida STATE OF FLORIDA COUNTY OF �=W � The foregoing instrument was acknowledged before me this- day of Heteber , 201L by Charles - Ltcey, as Mayor of the City of Winter Springs, Florida, who is p6rsonally known to me or who has produced a driver's license or identi cation car , or who has produced as identification. My commissi E- , My ota Public State of Florida ) r�' re of ota Public on ine bo ndrea Lorenzo- Luaces Commb� ion EE097674 xpires 06/09/2 (Print Name of Notary Public on line above) (NOTARY SEAL) %M Signed, sealed and delivered in the presence of the following witnesses: / / Si i $ J fl a at of W� \-��c ess /n�7lh lCl`Br�oP'n Printed Name of Witne WINTER SPRINGS GOLF, LLC, a Florida limited liability company B h� :,P� ��,;� �,,�, u . , Member/Manager Date: 1 - IZ- ;2o Signat re of Wi s / Printed Name of Witness STATE OF� COUNTY OF l�Y C The foregoing, instrument w s ppknowledged before me this 1 > day of 2011, 1 '� i l _ c1 ±,'has Wanager/Member of WINTER SPRINGS GOLF, LLC, a Florid limited liability company, on behalf of said company. He is personals known to me or produced as identification. , (NOTARY SEAL) (N tary Public Signature) (Print Name) Notary Public, State of Commission No.: f My Commission Expires: _ 1' ...... °'•••..�, LEMIA MARINEIII ` �� nd NOTARY PUBLIC OF NEW JVC Commission Expires 4/2512013,- -4-