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Binding Development Agreement, First Modification - 2015 03 30 MARYANNE MORSE, SEMINOLE COUNTY CLERK OF CIRCUIT COURT & COMPTROLLER BK 08452 Pgs 0315 - 320; (6pgs) CLERK' S # 2015041042 RECORDED 04/16/2015 10:16:07 AM Prepared by and Return to: RECORDING FEES `32.50 r Kimberly Romano Kopp,Assistant City Attorney RECORDED BY H DeVore Bro Garganese,Weiss&D'Aag eCsta_i P.O.Box 2873 Orlando,FL 32802-2873 Parcel I.D.No. 33-20-30-503-0000-0190 33-20-30-503-0000-019A 33-20-30-503-0000-019C 33-20-30-503-0000-019E 33-20-30-513-0D00-0010 33-20-30-513-0D00-0120 FIRST MODIFICATION TO BINDING DEVELOPMENT AGREEMENT THIS FIRST MODIFICATION TO BINDING DEVELOPMENT AGREEMENT (herein referred to as the "Modification"), made and executed this �U day of A//0f_k , 2015, by and between the CITY OF WINTER SPRINGS, a Florida municipal corporation (hereinafter "City"), whose address is 1126 East State Road 434, Winter Springs, Florida, 32708, and REECO PROPERTIES LLLP, a Florida limited partnership, (hereinafter"Reece"), whose address is P. O. Box 640, Winter Park, Florida, 32790. WITNESSETH: WHEREAS,Wayne P. Reece,an individual, and the City entered into that certain Binding Development Agreement, dated August 1, 2002 (hereinafter"Agreement"); and WHEREAS, the Subject Property is now owned by Reeco Properties LLLP, a Florida limited partnership, and the parties desire to update the Agreement to reflect the current ownership; and WHEREAS, Reece and the City have determined that certain additional changes to the Agreement need to be made and memorialized by a written instrument between the parties; and First Modification to Binding Development Agreement City of Winter Springs/Reeco Properties LLLP Page 1 of 5 WHEREAS,Reece desires to establish a"Phase III"to the project in order to redesign the storm water management area and to construct a warehouse upon the Subject Property in compliance with final engineering plans approved by the City Commission; and WHEREAS, the parties intend for Phase III to be bound by the applicable special restrictions set forth in Section 6 of the Agreement; and WHEREAS, the parties mutually desire to modify the Agreement to remove the requirement that Reece donate real property to the City for use as a park. NOW THEREFORE, in consideration of the mutual covenants and mutual benefits herein contained, the parties agree as follows: 1. Recitals. The foregoing recitals are true and correct and are hereby incorporated herein by this reference. 2. Authority. This Modification is entered into pursuant to the Florida Municipal Home Rule Powers Act. 3. Subject Property. The real property subject to this Modification (hereinafter referred to as"Subject Property") is legally described in Exhibit"A,"which is attached hereto and incorporated herein by this reference. 4. Obligations and Commitments. In consideration of the City and Reece entering into this Modification,the City and Reece hereby agree as follows: A. A new section 5.3 to the Agreement is added as follows: 5.3 Phase III. Reece shall construct improvements in conformance with the final engineering plans entitled Construction First Modification to Binding Development Agreement City of Winter Springs/Reeco Properties LLLP Page 2 of 5 Plans for Nursery Road Warehouses Phase III, dated January 15, 2015, and prepared by Excel Engineering Consultants, LLC ("Phase III Plans"). The Phase III Plans shall be deemed fully incorporated herein by this reference and shall be maintained at all times on file with the Community Development Department at City Hall. The parties may modify the Phase III Plans in the future without the need to modify this Agreement. To the extent that the Phase Hi Plans are so modified, said modifications shall also be deemed fully incorporated herein by this reference. A. The parties acknowledge that the Phase III Plans are to be constructed on the eastern-most four-hundred(400) feet of the Subject Property. Therefore, in accordance with Section 6 of this Agreement, obnoxious odors and excessive noise shall be strictly prohibited and businesses shall limit their hours of operation between 6 a.m. and 9:00 p.m. B. Park Property Donation. Subsequent to the conveyance of real property to the City for public use as a park in accordance with section 7 of the Agreement, the City reconveyed such real property back to the original owner of the property when it determined that it no longer had a public use of the real property for park purposes. Therefore, section 7 to the Agreement is hereby deleted in its entirety. C. Section 25 of the Agreement is modified to change the addresses for notices as follows: First Modification to Binding Development Agreement City of Winter Springs/Reeco Properties LLLP Page 3 of 5 A. If to City: Mr. Kevin Smith, City Manager City of Winter Springs 1126 East State Road 434 Winter Springs, Florida 32708 Telephone: 407-327-5957 Facsimile: 407-327-4753 With copies to: Anthony A. Garganese, City Attorney Brown, Garganese, Weiss &D'Agresta, P.A. Post Office Box 2873 Orlando, Florida 32802-2873 Telephone: 407-425-9566 Facsimile: 407-425-9596 B. If to Reece: Mr. Wayne P. Reece P.O. Box 640 Winter Park, Florida 32790 Telephone: 407-647-0911 Facsimile: 407-647-6491 5. Remaining Terms and Conditions. All other terms and conditions of the Agreement not specifically modified herein shall remain in full force and effect. IN WITNESS WHEREOF,the parties have executed this Modification as of the date first written above. ATTEST: ' - - CITY OF WINTER SPRINGS, `` •'°'°°°°°,`%d' � 1 a Florida Municipal Corporation("City"): By 4e �.1/41/ '11 A LO'RENZO=LUACES s••�es acey, .yo's City tlgr ' First Modification to Binding Development Agreement City of Winter Springs/Reeco Properties LLLP Page 4 of 5 REECO PROPERTIES LLLP, a Florida limited partnership("Reece"): WITNES S: �� 416:<...-t„._ By: { ell A i) ,ek ) 4..,, ' /� Wa�P. Reece,General Partner Date: 3/Vi i STATE OF FLORIDA COUNTY OF Q ,e ,k)6 L ST The foregoing instrument was acknowledged before me this�/ day of A''�/4„4�j 2015, by Wayne P. Reece, as General Partner of Reeco Properties LLLP, [ ]who is personally known to me, or[ ] who has produced P��S D N A L-I-'`/ eN�7 .' ,ificati• r , 2 •RY PUBLIC,State of Florida (SEAL) ■,4 ommission expires: _ /'_ ANGEL BAEZ CAMACHO NOTARY PUBLIC �F'.',`�STATE OF FLORIDA vy�..,”- Comm#EE071955 �*' i• Expires 518/2015 First Modification to Binding Development Agreement City of Winter Springs/Reeco Properties LLLP Page 5of5 EXHIBIT "A" Legal Description Lot 19 and the westerly one-half of Grace Avenue abutting Lot 19, ENTZMINGER FARMS ADDITION NO. 3, as recorded in Plat Book 6, Page 27, Public Records of Seminole County, Florida. Parcel #1: Westerly 500 feet of Lot 19 (less southerly 165 feet and. southerly 235 feet of westerly 170 feet) ENTZMINGER FARMS ADDITION NO. 3, according to the plat thereof recorded among the Public Records of Seminole County, Florida. Parcel #2: That part of Lot 19, ENTZMINGER FARMS ADDITION NO. 3, recorded in Plat Book 6, Page 27, of the Public Records of Seminole County, Florida, and being more particularly described as follows: Commence at the northwest corner of said Lot 19, thence N84°09'38."E, 500.00 feet along the north line of said Lot 19 for a Point of Beginning; thence S05°50'30"W, 156.11 feet along a line parallel with and 500.00 feet easterly of the westerly line of • said Lot 19, said 500.00 feet being measured along the north line and along the south line of said Lot 19, thence N85°30'33"E, 31.91 feet;thence N05°56'57"W, 153.63 feet to the Point of Beginning. Parcel#3: Northerly 70 feet of southerly 235 feet of westerly 170 feet of Lot 19, ENTZMINGER FARMS ADDITION NO. 3, according to the plat thereof as recorded in Plat Book 6, Page 27, Public Records of Seminole County, Florida. Lots 1 and 12, Block D, TALMO SUBDIVISION, Plat Book 9, Page 10. FCEIVED APP 2 7 2615 Brown, Garganese, Weiss & D'Agresta Post Office Box 2873 � I Y OF-WIN TER SPRINGS 'IFFIC:F OF THF C;ITV C;I.ERK Orlando, Florida 32802-2873 April 24, 2015 Andrea Lorenzo-Luaces City Clerk City of Winter Springs 1126 East State Road 434 Winter Springs, FL 32708 Ms. Luaces, Please find the First Modification to Binding Development Agreement between Reeco Properties, LLLC and the City of Winter Springs enclosed for your records. Th. y4u, ' im aac