HomeMy WebLinkAbout06.e.04 DA First Amendment-DR Horton Jacksonville Prepared by and return to:
Matthew S.McAfee,Esq.
Driver,McAfee,Hawthorne&Diebenow,PLLC
One Independent Drive,Suite 1200
Jacksonville,Florida 32202
FIRST AMENDMENT TO DEVELOPER AGREEMENTS
This First Amendment to Development Agreements(this"First Amendment")is made and entered
into as of the day of ,20 (the"Effective Date")by and between D.R.HORTON,INC.-
JACKSONVILLE,a Delaware corporation("Developer"),whose address is 4220 Race Track Road,St.
Johns, FL 32259, and CLAY COUNTY UTILITY AUTHORITY, an independent special district
established under Chapter 94-491, Laws of Florida, Special Acts of 1994 ("Utility"), whose address is
RECITALS
A. Developer and Utility entered the following agreements (each individually a "Developer
Agreement"and collectively,the"Developer Agreements"):
i. Developer Agreement recorded in Official Records Book 3943, Page 227;
ii. Developer Agreement recorded in Official Records Book 4081, Page 169;
iii. Developer Agreement recorded in Official Records Book 4212,Page 1353;
iv. Developer Agreement recorded in Official Records Book 4275, Page 1842;
v. Developer Agreement recorded in Official Records Book 4275, Page 1863;
vi. Developer Agreement recorded in Official Records Book 4387, Page 705 and
vii. Developer Agreement recorded in Official Records Book 4411, Page 1911.
B. The legal descriptions attached to the Developer Agreements and the Association
Agreements inadvertently and incorrectly purport to include certain real property described on Exhibit"A"
attached hereto (the "Released Property"), which Released Property was conveyed by that certain
Quitclaim Deed recorded in Official Records Book 4862, Page 937,official public records of Clay County,
Florida.
C. Developer and Utility desire to amend the terms of the Developer Agreements to release
the Released Property from the terms and conditions of the Developer Agreements subject to the terms and
conditions of this First Amendment.
AMENDMENT
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which
are hereby acknowledged,the parties agree as follows:
1. Recitals; Exhibits. The recitals set forth above and all exhibits, schedules, and addenda
attached hereto are true and correct and are incorporated herein by reference.
2. Defined Terms. All capitalized terms used in this First Amendment, unless otherwise
defined herein, shall have the meanings given to them in the Developer Agreements.
3. Amendment. The Developer Agreements are hereby amended to remove the Released
Property from the Developer Agreements and release the Released Property from the terms and conditions
of the Developer Agreements.
4. Release. Utility and Developer hereby release and abandon so much of the "Property"
described in the Developer Agreements as lies within the property described in Exhibit "A" to this First
Amendment and hereby agree that from and after the Effective Date the Released Property shall be freed
of said Developer Agreements and the rights and privileges granted therein.
5. Counterpart Execution. This First Amendment may be executed in one or more
counterparts, each of which shall be deemed an original, and all of which, taken together, shall constitute
the same instrument.
6. Ratification. Except as modified by this First Amendment, the Developer Agreements
remains unchanged and in full force and effect and the parties ratify and confirm the terms of the Developer
Agreements. In the event of a conflict between the terms and provisions of this First Amendment and the
Developer Agreements,the terms and provisions of this First Amendment shall control and be given effect.
[remainder of page intentionally left blank; signature page follows]
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IN WITNESS WHEREOF, Grantor and Grantee have executed this First Amendment to
Developer Agreements as of the Effective Date.
Signed, sealed, and delivered Developer
In the presence of:
D.R. Horton,Inc.-Jacksonville,a Delaw o n
Witness#1
WAIMV4tiA By: v✓°
�L���r r Name: Philip A. Fremento
Print ame: .(, &/U�,S
Its: Vice President
Address: 4220 Race Track Road
St. Johns,FL 32259
Witness#2
Print Name:
Address:_4220 Race Track Road
St. Johns,FL 32259
STATE OF FLORIDA
COUNTY OF ST. JOHNS
The foregoing instrument was acknowledged before me by means of I$physical presence or 0
online notarization, this 30' day of October , 2024, by Philip A. Fremento , as
Vice President of D.R. Horton, Inc.-Jacksonville, a Delaware corporation, on behalf of the
corporation. Such person g is personally known to me or 0 has produced as
identification.
°4, DEBORAH E.MCCLURE �
d'.'4� * Commissionf HH 502505 Signature of Notary Public
jp°. Expires July 10,2028 •
Print Name: Deborah E. McClure
Notary Public, State and County aforesaid
Commission No.: HH 502505
My Commission Expires: 7/10/28
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Signed, sealed, and delivered Utility
In the presence of:
CLAY COUNTY UTILITY AUTHORITY
Witness#1
By:
Name:
Print Name:
Its:
Address:
Witness#2
Print Name:
Address:
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me by means of❑ physical presence or ❑
online notarization, this day of , 2024, by , as
of CLAY COUNTY UTILITY AUTHORITY, on behalf of the authority. Such person❑ is personally
known to me or 0 has produced as identification.
Signature of Notary Public
Print Name:
Notary Public, State and County aforesaid
Commission No.:
My Commission Expires:
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Exhibit A
The Released Property
A portion of Section 39,Township 5 South,Range 25 East,together with a portion of Section 46,Township
5 South,Range 26 East, Clay County,Florida,being more particularly described as follows:
For a Point of Reference commence at the Northwesterly corner of Tract"B3",as monumented and depicted
on Cross Creek Unit 1A, recorded in Plat Book 61, pages 41 through 64, of the Public Records of said
county; thence South 42°20' 08" East, along the Southwesterly line of said Cross Creek Unit 1A, as
monumented and depicted, a distance of 31.56 feet to the Point of Beginning.
From said Point of Beginning, thence South 42°20'08" East, continuing along said Southwesterly line,
570.54 feet to the Southerly most corner of Lot 32,as monumented and depicted on said plat of Cross Creek
Unit 1A; thence South 39°40'24" East, continuing along said Southwesterly line, and along the
Southwesterly line of Cross Creek Unit 1B, as monumented and depicted, recorded in Plat Book 63, pages
49 through 51, and along the Southwesterly line of Cross Creek Unit 1C, as monumented and depicted,
recorded in Plat Book 64, pages 1 through 11, all of said Public Records, a distance of 5583.65 feet to the
Southerly most corner of Tract"G",as monumented and depicted on said plat of Cross Creek Unit 1 C, said
corner lying on the Southwesterly line of those lands described and recorded in Official Records Book
2843, page 579, of said Public Records; thence South 39°35'19" East, along last said Southwesterly line,
3717.51 feet to the Westerly most corner of Lot 5, Block 48, as depicted on Florida Farmer's Land
Company's Subdivision,recorded in Plat Book 1,page 49, of said Public Records, said corner lying on the
Northeasterly line of Parcel A, as described and recorded in Official Records Book 1863, page 1745, of
said Public Records, also being the Northeasterly line of Section 31, Township 5 South, Range 26 East;
thence North 39°57'18"West, along the Northeasterly line of said Parcel A, and the Northeasterly line of
Sections 31 and 30, Township 5 South, Range 26 East, and the Northeasterly line of Sections 25 and 24,
Township 5 South,Range 25 East,9873.41 feet to the Northerly most corner of said Parcel A;thence North
54°55'28" East, along the Northeasterly prolongation of the Northerly most line of last said lands, 27.61
feet to the Point of Beginning.
Containing 6.34 acres,more or less.
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