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19-1512 Extending Final Site Plan Deadline for Tribeca at Longwood StationRESOLUTION NO. 19-1512 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF LONGWOOD, FLORIDA, EXTENDING THE FINAL SITE PLAN DEADLINE SET FORTH IN SECTION 22 OF THE LONGWOOD TOD TOWNHOMES DEVELOPMENT AGREEMENT; PROVIDING FOR, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, on May 21, 2018 the City of Longwood and Longwood TOD, LLC entered into that certain Longwood TOD Townhomes Development Agreement recorded at Official Records Book 9148, Pages 0279-296, Public Records of Seminole County, Florida ("Development Agreement") governing the development of the Project described in the Development Agreement; and WHEREAS, Longwood TOD, LLC previously requested that the City Commission approve the extension of the Final Site Plan approval deadline set forth in Section 22 of the Development Agreement from December 30, 2018 to July 31, 2019 and the City Commission approved such request by Resolution 18-1484 adopted on December 3, 2018; and WHEREAS, Longwood TOD, LLC was unable to meet the previously extended Final Site Plan approval deadline of July 31, 2019 and the City staff gave Longwood TOD, LLC sixty (60) days written notice and opportunity to cure such breach in accordance with the default provisions of the Development Agreement; and WHEREAS, Longwood TOD, LLC is unable to timely cure the breach and has requested that the City Commission approve the another extension of the Final Site Plan approval deadline set forth in Section 22 of the Development Agreement from July 31, 2019 to "January 31, 2020; and WHEREAS, Section 22 of the Development Agreement provides that the City Commission may extend the Final Site Plan approval deadline via resolution. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LONGWOOD, FLORIDA, AS FOLLOWS: SECTION I. RECITALS. The above "Whereas" clauses constitute findings of the City Commission and are incorporated herein by this reference. SECTION II. EXTENSION. The Final Site Plan approval deadline set forth in Section 22 of the Development Agreement is hereby extended from July 31, 2019 to January 31, 2020. All other terms of the Development Agreement remain the same. SECTION III: SEVERABILITY. If any word, sentence, phrase, clause, or other portion of this Resolution is finally determined by a court of competent jurisdiction to be invalid, Resolution No. 19-1512 Page 1 of 2 unconstitutional, unenforceable, or void, the balance of the Resolution shall continue in full force and effect. SECTION IV: EFFECTIVE DATE. This Resolution shall take effect immediately. PASSED AND RESOLVED this 16th day of September 2019, by the City Commission of the City of Longwood, Florida. APP U "-��7- Matt Morgan, Mayo ATTE Michelle Longo, CMC, FCRM City Clerk Approved as to form and legality for the use and reliance of the City of Longwood, Florida only. w-- Daniel W. Lan y i tt ney 2