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<br />Prepared by: t,:i_.f:ti!' o {':l'(i:!_1I
<br />(� Theresa M. Kenney, Esq. !!'tt '',''U`ir 1`:as_; ,1. ;,'.;...�,;,,,? s,;_`l,�'.li'if`"f'lQI_!_!!
<br />4� 4348 Southpoint Blvd., Ste 101 CIA -AK iF
<br />Jacksonville, FL 32216FIRST AMENDMENT TO !t'f ' i"1!`''`
<br />i Return to: h:F.:11:J) P", i�r1, iris
<br />City Clerk PLANNED UNIT DEVELOPMENT AGREEMENT
<br />City of Casselberry
<br />95 Triplet Lake Drive
<br />Casselberry, FL 32707
<br />THIS FIRST AMENDMENT TO PLANNED UNIT DEVELOPMENT AGREEMENT (the
<br />"Amendment") entered into and made as of the 71 day of ), , 2017, by and
<br />between the CITY OF CASSELBERRY, FLORIDA (hereinafter referred to as the "City"), whose
<br />address is 95 Triplet Lake Drive, Casselberry, FL 32707, and THE ALLEGRO AT CASSELBERRY,
<br />L.L.C., a Florida limited liability company (hereinafter referred to as the "Developer"), whose address is
<br />212 South Central Avenue, Suite 301, St. Louis, MO 63105.
<br />WITNESSETH
<br />WHEREAS, the Developer owns real property within the City located northeasterly of the
<br />intersection of Howell Branch Road and Lake Ann Lane, in Casselberry, Seminole County, Florida and
<br />more particularly described on Exhibit A hereto (the "Subject Property"); and
<br />WHEREAS, the Developer is constructing a senior living project (the "Senior Project") on the
<br />Subject Property pursuant to prior City approvals under Impact Review file number SPR -14-07 and
<br />Conditional Use application number CU -14-12; and
<br />WHEREAS, to further govern development of the Senior Project, the Developer and the City
<br />entered into a Planned Unit Development Agreement (the "Agreement") dated November 18, 204-7 and
<br />recorded in Book 8412, Page 299, Official Records of Seminole County, Florida; and 2,0i 1
<br />WHEREAS, Developer has requested the City's approval to allow on-site alcohol sales to &taffy
<br />residents, and guests of the Senior Project (only) in connection with the restaurant operations within the
<br />Senior Project; and
<br />WHEREAS, the City is inclined to allow alcohol sales within the Senior Project on the terms and
<br />conditions set forth herein and it being the purpose of this Amendment to clearly set forth the
<br />understanding and agreement of the parties; and
<br />NOW THEREFORE, in consideration of the mutual covenants and agreements contained
<br />herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby
<br />acknowledged, the parties hereto agree as follows:
<br />1. Incorporation. The recitals herein contained are true and correct and are incorporated herein by
<br />reference.
<br />2. Amendment. The text of Section 12 of the Agreement is hereby deleted in its entirety and
<br />replaced with the following language:
<br />12. Alcohol Sales. Alcohol sales for on-site consumption by residents and guests
<br />(only) of the Senior Project in connection with restaurant operations within the
<br />Senior Project shall be a permitted use on the Property. The Developer shall display
<br />the facility liquor license on the premises. Off-site consumption shall be prohibited.
<br />First Amendment to Developer's Agreement
<br />The Allegro at Casselberry, L.L.C.
<br />DA -
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