HomeMy WebLinkAboutMeadowbrook Winter Springs, LLC Assignment of Agreement - 1998 11 18 ASSIGNMEN :►F AGREEMENT
FOR AND IN CONSIDERATION of the sum of TEN AND NO/100 DOLLARS ($10.00)
and of other good and valuable consideration,the receipt and sufficiency of which are hereby
acknowledged,the undersigned, winter Springs Partners. LTD* (hereinafter
referred to as"ASSIGNOR"), does hereby transfer, set over, assign and convey unto
Meadowbrook winter Springs, LLC /a(,FA&idb1d6f00Mtt0h (hereinafter referred to
as"ASSIGNEE"), all of Assignor's rights, privileges,duties and obligations (limited, however,
as set forth below)in,to and under that certain DEVELOPER AGREEMENT effectively dated
September 5, 1984 between ASSIGNOR,therein referred to as"DEVELOPER,"WINTER
SPRINGS WATER AND SEWER therein referred to as"UTILITY,"with respect to the
provision of water and sewer services related to a parcel of land lying and being situated in
SEMINOLE COUNTY, FLORIDA, more particularly described in the Developer Agreement,
together with all rights, powers and privileges conferred by the Developer Agreement upon
ASSIGNOR, as DEVELOPER therein; and ASSIGNOR hereby authorizes ASSIGNEE to
exercise said rights, powers and privileges in as full a manner as ASSIGNOR is authorized to
exercise them.
ASSIGNOR hereby warrants and represents to the ASSIGNEE that by this
ASSIGNMENT OF AGREEMENT, it has transferred to ASSIGNEE an allocation of
12,500 gallons/day of sewer capacity and 18,307 gallons/day of
water capacity which is available to service the property benefited by the DEVELOPER
AGREEMENT and which may not be used except in connection with the following described
property.
PROPERTY DESCRIPTION:
See EXHIBIT "A" attached hereto and made a part hereof.
This ASSIGNMENT shall be binding upon Assignor and its successors and assigns, and
shall insure to the benefit of ASSIGNEE and its successors and assigns.
By acceptance hereof,ASSIGNEE hereby agrees to be bound by the terms of the
DEVELOPER AGREEMENT and to perform all of the Developer's obligations thereunder.
ASSIGNEE hereby agrees to indemnify, defend and hold ASSIGNOR harmless from any and
all claims, damages, costs, and expenses, including reasonable attorney's fees, arising out of
ASSIGNEE'S performance or failure to perform any of its duties, obligations and
responsibilities under the DEVELOPER AGREEMENT.
IN WITNESS WHEREOF,ASSIGNOR and ASSIGNEE have executed this
ASSIGNMENT in their names in manner and form sufficient to bind them on this 18th
day of November , 19 98
* and Deutschmark Golf Properties
** a Delaware Limited Liability Company
CONSENT TO AND NOTICE OF ASSIGNMENT
The undersigned, being the Utility under the Developer Agreement hereinabove
described and assigned, does hereby acknowledge notice and knowledge of the within
and foregoing ASSIGNMENT of the DEVELOPER AGREEMENT
TO M�f.0— r-o,k and does hereby consent to.the foregoing
Assignment of the DEVELOPER AGREEMENT.
SIGNED, SEALED AND DELIVERED
IN THE
/PRESENCE OF: CITY OFF WINTER SPRINGS
SIGNATURE CITY MANAGER, RONALD McLE.MORE
CITY OF WINTER SPRINGS
TYPED NAME
1126 EAST STATE ROAD 434
SIGNATURE WINTER SPRINGS, FL 32708
DATED:
TYPED NAME
CITY SEAL
THIS INSTRUMENT PREPARED BY:
KIPTON D. LOCKCUFF, P.E.
UTILITY DIRECTOR
WINTER SPRINGS WATER&SEWER
1126 S.R.434
WINTER SPRINGS, FL 32708
(407)327-5989
SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF:
ASSIGNOR: /
ATTEST: BY:
SIGNATURE
SIGNATURE Daniel P. Wood, a General Partner of
PRINTED NAME
James H. Newlon Deutschmark Golf Properties, the
TYPED NAME General Partner of Winter Springs
COMPANY NAME
SI NATURE
ADDRESS
Jane R. Newlon 900 W. State Road 434
TYPED NAME
Winter Springs Florida 32708
DATE: November 18, 1998
CORPORATE SEAL
ASSIGNEE
ATTEST: BY:
SIGN RE
IG ATURE William Stine, C.O.O.
PRINTED NAME
James H. Newlon Meadowbrook Golf Group, Inc.
sole member of
TYPED NAME Meadowbrook Winter Springs, LLC
1 V COMPANY NAME (TYPED)
S NATURE 1 V
ADDRESS
Jane R. Newlon
TYPED NAME
DATE: November 18, 1998
CORPORATE SEAL
EXHIBIT "A"
P�t�CEG 1
Winter Springs Golf Course lying West of Sheoah Boulevard description: A portion of
Tracts "D", "H" "I" and "R", THE HIGHLANDS SECTION THREE, as recorded in Plat Book
17, pages 48 and 49 of the Public Records of SEMINOLE County, Florida, being more
particularly described as follows: From the Southwest corner of North Orlando
Ranches Section 13, as recorded in Plat Book 13, page 40, Public Records of SEMINOLE
County, Florida, run thence North 12 54'04" East along the West line of said North
Orlando Ranches Section 13, a distance of 118.68 feet; thence run North 89'56'10"
East 310.52 feet to a point on the Westerly right of way line of Sheoah Boulevard,
said point being on a curve concave Easterly and having a radius of 596.12 feet;
thence from a tangent bearing of South 09'51'10" West run Southerly along the arc of
said curve and said Westerly right of way line, 745.46 feet through a, central angle
of 71'38'58" to the Point of Beginning; thence continue along the arc of said curve
and said Westerly right of way line 33.84 feet through a central angle of 03'15'10"
to the point of tangency; thence run South 65'02'55" East 72.0 feet to the point of
beginning of a curve concave Southerly and having a radius of 354.78 feet; thence run
Southerly along the arc of said curve 19.53 feet through a central angle of 03'09'14"
to a point; thence leaving said Westerly right of way line run South 23'01'18" West
55.72 feet; thence South 08'48'25" West 141.52 feet; thence South 21'24'40" West
153.06 feet; thence South 06'52'27" West 144.14 feet; thence South 27'13'43" West
153.87 feet; thence South 66'29'30" West 340.92 feet; thence South 57'33100" West
150.51 feet; thence South 10'21'05" East 310.54 feet; thence South 83'36'38" East
315.32 feet; thence South 44'47108" East 177.77 feet; thence South 36'50'38" East
217.13 feet; thence North 85'11158" East 70.00 feet to the corner common to Tracts
"D" and "I", of said The Highland Section Three, and said Westerly right of way line
of Sheoah Boulevard, said corner being on a curve concave Easterly, and having a
radius of 972.98 feet; thence from a tangent bearing of South • '02" Eastrun
Feet
Southerly along the arc of said curve and said Westerly rig of way
through a central angle of 16'08'49" to the paint of reverse curvature of a curve
concave Westerly and having a radius of 830.23 feet; thence run Southerly along the
arc of said curve 102.45 feet through a central angle of 07'04'14" to the corner
common to Tracts "C" and "I", of said The Highlands Section Three, and said
Westerly
right of way line of Sheoah Boulevard; thence run Southerly, Westerly and
ly
along the boundary line of said Tract "I" the following courses; run South 57'38'53"
West 89.70 feet; thence South 37'11'05" West 364.01 feet; thence South 40'36'05" East
92.20 feet; thence South 32'58'10" West 220.51 feet; thence South 01'34'10" East
365.14 feet; thence South 82'40'26" East 140.95 feet to a point on a curve concave
Easterly, and having a radius of 1545.74 feet; thence from a tangent bearing of South
13'25131" West run Southerly along the arc of said curve 234.76 feet through a
central angle of 08'42'07" to a Point; thence run South 87'14'54" West 112.94 feet;
thence South 235.00 feet; thence South 14'44'05" West 360.30 feet; thence North
89'59'34" West 300.00 feet; thence South 00'49'13" West 179.30 feet, thence North
82°53'31" West 220.74 feet, thence North 07'06'29" East 10.00 feet, thence North
82'53'31" West 200.06 feet, thence South 07'06'29" West 10.00 feet, thence North
82'53'31" West 286.90 feet, thence North 00'49'13" West 91.80 feet, thence leaving
the Southerly line of Tract "I" Continue North 00'49'13" West 338.07 feet thence
South 86'12'20" West 521.26 feet; thence North 65'10'55" West 122.27 feet; thence
North 48'27'52" West 170.96 feet; thence North 61'03'31" West 181.93 feet; thence
North 32'53'13" West 72.19 feet; thence North 07'50142" East 73.65 feet; thence North
43'17'52" West 123.07 feet; thence North 04'45'18" East 444.17 feet; thence North
70'10'30" West 103.67 feet to a point on the West boundary line of aforesaid Tract
"I"; thence run North 11'49'30" East along said boundary line 784.05 feet; thence
North 86'53'33" East 669.49 feet; thence North 03'06'27" West 1806.41 feet; thence
leaving said boundary line of Tract "I", run South 68'00100" East 120.00 feet; thence
North 60'00'00" East 125.00 feet; thence North 44'09'10" East 162.37 feet; thence
South 89'56'10" East 141.68 feet; thence North 42'11'49" East 139.18 feet; thence
South 85'48'56" East 320.45 feet; thence South 92'05'43" East 130.00 feet; thence
South 23'39'01" East 54.44 feet; thence South 02'05'43" East 150.00 feet; thence
South 05'45'38" East 179.99 feet; thence South 19'30'25" West 263.59 feet; thence
South 02'48'28" West 52.20 feet; thence South 30'49'01" West 76.49 feet; thence South
25'10'25" West 200.00 feet; thence South 30'57150" East 116.62 feet; thence North
83'17'25" East 171.17 feet; thence North 48'10'15" East 443.82 feet; thence North
26'02'32" East 260.00 feet; thence North 12'44'26" East 85.16 feet; thence North
43'07'32" East 190.00 feet to the Point of Beginning.
(Page 1 of 4)
EXHIBIT "A" CONTINUED
Excepting therefrom the following:
A portion of Tracts "D" and "I", The Highlands Section Three, City of Winter Springs,
as recorded in Plat Book 17, pages 48 and 49, Public Records of SEMINOLE County,
Florida, being more particularly described as follows:
Commence at the Southeast corner of said Tract "D", run South 85 11'58" West along
the South line of said Tract "D",'70.00 feet; thence North 36'50'38" West 217.13
feet; thence North 44'47'02" Nest 177.77 feet; thence North 83 3638" West 101.89
feet to the Point of Beginning; thence North 89'24'28" West 75.79 feet; thence South
80'56'46" West 66.89 feet; thence North 89'32'48" West 64.23 feet; thence South
66'10'56" West 271.90 feet; thence North 38'25'12" West 245.43 feet; thence North
22'50'52" East 94.55 feet; thence North 53'02'28" East 230.31 feet; thence North
67'16'23" East 125.13 feet; thence South 10'21'05" East 328.79 feet; thence South
83'36'38" East 213.43 feet to the Point of Beginning.
Also Less:
A portion of Tracts "D" and "I", The Highlands Section Three, City of Winter Springs,
as recorded in Plat Book 17, pages 48 and 49, Public Records of SEMINOLE County,
Florida, being more particularly described as follows:
Commence at the Southeast corner of said Tract "D", run South 85'11'58" West along
the South line of said Tract "D" 70.00 feet; thence North 36'50'38" West 217.13 feet;
thence North 44'47'02" Nest 112.77 feet to the Point of Beginning; thence North
62'51'05" West 96.34 feet; thence North 77'34'17" West 62.79 feet; thence South
83'36'38" East 101.89 feet; thence South 44'47'02" East 65.00 feet to the Point of
Beginning
PARCEL 2:
Winter Springs Golf Course lying East of Sheoah Boulevard description: A portion of
Tract "A", The Highlands Section Two, as recorded in Plat Book 17, page 47, Public
Records of SEMINOLE County, Florida, and a portion of Block "C", D.R. Mitchell's
Survey of the Levy Grant, as recorded in Plat Hook i, page 5, Public Records of
SEMINOLE County, Florida, being more particularly described as follows: From the
Southwest coiner of North Orlando Ranches Section 13, as recorded in Plat Book 13,
page 40, of the Public Records of SEMINOLE County, Florida, run thence North
12'54'04" East along the West line of said North Orlando Ranches Section 13, a
distance of 383.37 feet; thence run South 77'05'56" East 408.67 feet jo the point of
beginning on the Westerlymost corner of Tract "A" of said The Highlands Section Two;
thence run Northerly, Easterly and Southerly along the boundary line of said Tract
"A" the following courses: Run North 31'25'46" East 299.28 feet; thence South
73"38'09" East 92.85 feet; thence North 51'20'25" East 128.06 feet; thence North
88'21'48" East 350.14 feet; thence North 55'50125" East 338.38 feet; thence North
89'04'33" East 310.04 feet; thence South 49'45149" East 170.29 feet; thence South
01'19'56" West 430.12 feet; thence South 15'41'21" East 706.32 feet; thence South
23°49'27" East 420.86 feet; thence South 23'37'46" West 87.32 feet; thence South
67'58'09" West 270.49 feet; thence South 43'57122" West 130.83 feet; thence South
51°04'23" West 129.54 feet; thence South 76'06'45" West 74.88 feet; thence South
46'36'02" West 91.93 feet; thence South 06'29'40" West 55.17 feet; thence South
31'45'34" West 108.23 feet; thence South 42'20'24" West 79.97 feet; thence South
25'32,05n West 60.91 feet; thence South 09'08'32" West 100.43 feet; thence South
19'51'32" East 28.99 feet; thence South 02'23'04" West 56.54 feet; thence South
18'10'43" West 101.96 feet; thence South 25'41'02" West 90.58 feet; thence South
39°25'19" West 82.78 feet; thence South 33'07'37" West 268.48 feet; thence South
50'13'12" West 26.56 feet; thence South 80'15151" West 105.14 feet; thence North
86'56'05" West 56.76 feet; thence North 35'41'40" West 48.78 feet; thence North
18'49'55" West 69.89 feet; thence South 80'39'37" West 68.54 feet to a point on the
Easterly right of way line of Sheoah Boulevard, said point being on a curve concave
Easterly, and having a radius of 892.98 feet; thence from tangent bearing of North
09'20'23" West run Northerly along the arc of said curve 101.01 feet through a
central angle of 06'28'52" to the Southerlymost corner common to Tracts "A" and "B"
of said The Highlands Section Two, and said Easterly right of way line of Sheoah
Boulevard; thence run Northerly along said boundary line of Tract "A" the following
courses: Run North 86'44'45" East 177.69 feet; thence North 13'45'39" East 973.86
feet; thence North 66'56'19" East 548.86 feet; thence North 10'00'29" East 172.63
feet; thence North 26'05'08" West 321.00 feet to the corner common to Tracts "A", "B"
and "C" of said Highlands Section Two; thence leaving said boundary line run North
86'28'31" East 46.38 feet; thence North 04'39'34" West 61.61 feet; thence North
22'21'19" West 57.16 feet; thence North 42'45'35" West 41.49 feet; thence North
24'07'32" West 133.56 feet; thence North 02'01'28" West 96.06 feet; thence North
15'10'47" East 97.35 feet; thence North 23.00 feet; thence North 14'18'13" East
(Page 2 of 4)
EXHIBIT "A" CONTINUED
200.17 feet; thence North 01'20'25" East 73.19 feet; thence North 81'S2'12" West
297.90 feet; thence South 65'28'26" West 138.06 feet; thence South 38'30'16" West
87.24 feet; thence South 15'51'59" West 110.00 feet; thence South 32'24'21" West
221.26 feet; thence South 28'37132" West 157.42 feet; thence South 29'52'30" West
135.05 feet; thence South 22'56'52" West 146.79 feet; thence South 51'37'03" West
40.18 feet; thence South 30'S8'40" West 109.55 feet
to a pointpoint
notha aforesconcave
aid
Easterly right of way line of Sheoah Boulevard,
said Southwesterly and having a radius of 434.78 feet; thence from a tangent bearing of
North 60'28'44" West run Northwesterly along the arc of said curve and
saidtrigt Of
way line, 34.67 feet through a central angle of 04'34'10" to the point
thence run North 65'02'55" West 72.00 feet to the corner Common toline Tracts
"A" and "D"
of said The Highlands Section Two, and said Easterly right ofAwathe following
of
Boulevard; thence run along the aforesaid boundary
of courses: Run North 60'19139" East 83.41 feet; thence North 12'29'25" East 809.15
feet; thence North 69'26'38" West 85.44 feet; thence South 66'48'05" West 304.63
feet to the
Less a
feet; thence South 87'48'40" West 110.23 �rpa of beginning.
",
40.00 foot drainage right of way through said Tract Ao as as set out on the Plat of
the
The Said Highlands Section Teloridaeandded mnPlat Book 7
oreparticularlydescribed, page 47,asffollows: From
Records of SEMINOLE County,
the Southwest Corner of North Orlando Ranches section
13runsthencedNorth 12'54804"
13, page 40 Public Records of SEMINOLE County, Florida
said North Orlando Ranches Section 13, a distance of
East along the Nest line of
383.37 feet; thence South 77'05'56" East 408.67 feet; thence North 31'25'46" East
257.86 feet to the point of Beginning; thence continue North 31'25'46" East 41.42
feet; thence South 73'38'09" East 100.80 feet; thence North 88'21'48" East 321.67;
thence South 81'52'12" East 542.34 feet; thence North 08'07'48" East 257.28 feet;
thence North 65'01'44" East 182.00 feet; thence South 08'07'48" West 2hence South 49'45'49" East 4.060feet;
thence South 65'01'44" West 178.81 feet;
thence North 81'52'12" West 578.94 feet; thence South 88'21'48" West 324.56 feet;
thence North 73'38'09" West 117.91 feet to the point of beginning.
PARCEL 3:
The East 300 feet of Lot 56 in Block D of D.R. Mitchell's Survey of The
FLevy
Gralying
as recorded in Plat Book 1, page 5, Public Records of SEMINOLE County,
North of Longwood-Wagner Road.
PARCEL 4-
That part of Tract I, THE HIGHLANDS SECTION THREE, asFrecorded
descrPlat
Book
f17, Pages
48 and 49, of the public Records of SEMINOLE County, said Southwest corner being on
Commence at the Southwest corner of aforesaid Tract I.
the Northerly right-of-way of the Longwood Wagner Road (State Road 434); thence North
11'49'30" East along the West line of said Tract "1", 1192.46 feet; thence South
78'10'30" East 103.67 feet to a point called A for future reference; thence South
04'45'18" West 444.17 feet; thence South 43'17'52" East 123.07 feet to a point called
"B" for future reference; thence South 07'50'42" West 73.65 feet; thence South
32'53'13" East 72.19 feet; thence South 61'03'27" East 181.93 feet to a point called
"C" for future reference; thence South 48'2715211 East 170.96 feet; thence South
65'10'55" East 122.27 feet to a point called D for future reference.
PARCEL B
Thence returning to said Point "B" for a point of beginning; thence run South
07'50'42" West 73.65 feet; thence South 32'53'13" East 72.19 feet; thence North
38'46'28" West 76.14 feet; thence North 14.01'01'31" East 61.50 feet; thence North
24'57'45" West 40.14 feet; thence South 43'17'52" East 30.00 feet to the point of
beginning.
PARCEL C
Thence returning to said Point "C" for a point of beginning; thence run North
70'41'46" West 52.76 feet; thence North 41'24'17" West 26.76 feet; thence South
61'03'27" East 78.20 feet to the point of beginning.
(Page 3 of 4)
EXHIBIT "A" CONTINUED
PARCEL D
Thence returning to said point "D" for a point of beginning; thence run South
86'12'20" Hest 58.50 feet; thence North 43'37'32" Hest 76.25 feet; thence South
65'10'55" East 122.27 feet to the point of beginning.
PARCEL 5
Golf Course Easement "A"
That part of Tract "I", THE HIGHLANDS SECTION THREE, as recorded in Plat Book
17, Pages 48 and 49, of the Public Records of Seminole County, Florida, described
as follows:
Commence at the Southwest corner of aforesaid Tract "I", said Southwest corner
being on the Northerly right-of-way of the Longwood Wagner Road (State Road 434);
thence N. 11'49'30" E. along the West line of said Tract "I", 1192.46 feet;
thence S. 78°10'30" E., 103.67 feet to a point called "A" for future reference;
thence S. 04'45'18" W. 444.17 feet; thence S. 43°17'52" E. 123.07 feet to a
point called "B" for future reference; thence S. 07°50'42" W. 73.65 feet;
thence S. 32°53'13" E. 72.19 feet; thence S. 61°03'27" E. 181.93 feet to a
point called "C" for future reference; thence S. 48°27'52" E. 170.96 feet; thence
S. 65°10'55" E. 122.27 feet to a point called "D" for future reference.
PARCEL "A"
Thence returning to said point "A" for a point of beginning; thence run
S. 04'45'187 W. 444.17 feet; thence N. 43'17'52" W. 28.70 feet; thence N.
06'25'26" E. 426.27 feet; thence S. 78'10'30" E. 9.00 feet to the point of
beginning.
(Page 4 of 4)
Winter Springs Partners,Ltd.And Deutschmark Golf Properties or it's successor,
Meadowbrook Golf Group,Inc. or its assign, as contract purchaser under a Purchase and
Sale Agreement dated October 9, 1998,commit to providing the City of Winter Springs
easements for existing water and sewer utility installations on and across our property,for
which no easement has previously been granted,in return for an easement over Tract J,
TBE BIGBLANDS SECTION 3,providing access,ingress and egress to the golf course
maintenance,parking and storage areas. These easements shall have a provision that the
exercise of which shall not interfere with the operation of the golf course or waste water
treatment plant.
If this approach is agreeable to you,then please direct your Utility Manager to
prepare the easements so that we may agree on the specific language of the easements.
Please acknowledge that this approach is acceptable to you in concept and that
this letter shall provide a basis for the preparation on the easements,
Sincerely,
WINTER SPRINGS PARTNERS,LTD, DEUTSCHMARK GOLF PROPERTIES
BY: DEUTSCHMARK GOLF PROPERTIES,
Its General Partner
Daniel P.Wood,A General Partner
Daniel P.Wood,A General Partner
ME O RO �J/ F GROUP,INC.
By:
'
Y
William Stine,C.O.O.
Acknowledged and agreed this /7 -day of November, 1998
CITY OF WINTER SPRINGS
By:
Ron McEaore
Winter Springs Partners,Ltd. And Deutschmark Golf Properties or it's successor,
Meadowbrook Golf Group,Inc.or its assign,as contract purchaser under a Purchase and
Sale Agreement dated October 9, 1998,commit to providing the City of Winter Springs
easements for existing water and sewer utility installations on and across our property,for
which no easement has previously been granted,in return for an easement over Tract J,
THE HIGHLANDS SECTION 3,providing access,ingress and egress to the golf course
maintenance,parking and storage areas. These easements shall have a provision that the
exercise of which shall not interfere with the operation of the golf course or waste water
treatment plant.
If this approach is agreeable to you,then please direct your Utility Manager to
prepare the easements so that we may agree on the specific language of the easements.
Please acknowledge that this approach is acceptable to you in concept and that
this letter shall provide a basis for the preparation on the easements,
Sincerely,
WINTER SPRINGS PARTNERS,LTD. DEUTSCHMARK GOLF PROPERTIES
BY: DEUTSCHMARK GOLF PROPERTIES,
Its General Partner
/ � D / Daniel P.Wood,A General Partner
By: cam-' `��Y v L�
Daniel P.Wood,A General Partner
ME O RO LF GROUP,INC.
By:
Y
William Stine,C.O.O.
Acknowledged and agreed this /7 -day of November, 1998
CITY OF WINTER SPRINGS
Ile
c ore