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HomeMy WebLinkAboutStandard Pacific of Florida GP - 2015 04 27 Prepared by and return to: Anthony Garganese,Esquire Brown,Garganese,Weiss&D'Agresta P A 111 N Orange Avenue,Suite 2000 Orlando.FL 32801 (407)425-9566 FIRST MODIFICATION TO ANNEXATION AGREEMENT THIS FIRST MODIFICATION TO ANNEXATION AGREEMENT ("First Modification") is made and entered into this day of April 2015 (the "Effective Date") by and between the City of Winter Springs, a municipal corporation organized and existing under the laws of the State of Florida (hereinafter the "City") whose address is 1126 East S.R 434, Winter Springs, Florida 32708, and Standard Pacific of Florida GP,a Delaware Corporation (hereinafter referred to as"Developer")whose address is , and shall be fully enforceable in accordance with the terms hereof WITNESS ETH: WHEREAS, the City and Developer previously entered into that certain Annexation Agreement,dated May 12, 2014, and WHEREAS, since the Effective Date of the Agreement, the City has completed the annexation of the Property, amended the future land use and zoning map to incorporate the Property into the City's Town Center, and ratified the Brownfield Area in furtherance of the Agreement, and WHEREAS, since the Effective Date of the Agreement, Developer has been completing its due diligence for purposes of acquiring and closing on the Property, and WHEREAS,the Developer has requested additional time to complete the closing on the Property and desires to amend the Agreement as set forth herein NOW,THEREFORE, for and in consideration of the mutual covenants and agreements contained herein, and other good and valuable consideration each to the other has provided, the receipt and sufficiency of which is hereby acknowledged,the parties agree as follows. 1. Recitals The above recitals are true and correct and are incorporated into this Agreement by reference, and are a material part of this Agreement upon which the parties have relied. 2 Extension to Close on the Property and to Provide Notice to City Pursuant to Paragraph 14 of the Agreement, the parties mutually agree to extend, by ninety (90) days, the 1 deadline in which the City is required to receive written notice of acquisition from the Developer 3 All other terms and conditions of the Agreement shall remain in effect unchanged WHEREFORE, the parties hereto have caused these presents to be signed all as of the date and year first above written WITNESSES: DEVELOPER: Standard Pacific of Florida GP,a Delaware Corporation Punted Nacre of Witness By Its President Pnnted Name of W dmss ATTEST(Seal): CITY OF WINTER SPRINGS, a Florida Municipal Corporation, A I it • ORENZO-LUACES By: City r lerk CHA ES LACE '' Mayor APPROVED AS TO FORM AND LEGALITY FOR THE CITY OF WINTER SPRINGS ONLY: ANTHONY A.GARGANESE,CITY ATTORNEY I STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 2015,by , as of Standard Pacific of Florida GP, a Delaware corporation who is personally known to me or who has produced as identification (NOTARY SEAL) Notary Public Signature (Name typed,printed or stamped) Notary Public, State of Georgia Commission No My Commission Expires 3