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HomeMy WebLinkAbout2005 05 23 Consent Item 201, Barrington Estates Utility Reimbursement COMMISSION AGENDA ITEM 201 CONSENT INFORMATIONAL X PUBLIC HEARING REGULAR May 23,2005 Meeting f...lMGR/~EPT jff Authorization REQUEST: Utility Department Requesting the City Commission Approve the Third Developer Agreement Modification for Barrington Estates for Utility Reimbursement. PURPOSE: The purpose of this Agenda Item is to request the City Commission approve the 3rd Addendum to the Barrington Estates Developer Agreement which provides for reimbursement to the developer a prorated portion of the costs for extending the water and sewer lines. CONSIDERA nONS: This agenda item is needed for the equitable reimbursement to the developer of Barrington Estates from other properties that are benefiting from the extension of the water and sewer mains to the project. Staff received a request several years ago from the developers of Barrington Estates requesting a mechanism to get reimbursed for a portion of the water and sewer extension costs that other adjacent properties are benefiting from. Staff supports this request and the developers engineer has completed a costs allocation study that Terry Zaudtke ofCPH Engineers, Inc. has reviewed finds the reimbursement amount acceptable. The reimbursement cost is about $739.19 per sewer Equivalent Residential Unit (300 gals/day) and $214.54 per water ERU (350 gals/day). The City's role in the reimbursement process will be for verification, there is no capital cost to the City. The agreement has been revised to; define the area eligible for reimbursement to be east of 417 and west of DeLeon Street, added a ten year expiration date. The provisions would be applied retroactively to the Barclay Reserve project. This was May 23, 2005 Consent Agenda Item 201 Page 2 commented to them during the final engineering approval process and was estimated at $2,000 per unit at the time. FUNDING: No funds are required from the City. RECOMMENDATION: Staff recommends the City Commission approve the 3rd Addendum to the Annexation and Pre-Development Developer Agreement with TOUSA HOMES< Inc. (Barrington Estates) which provides for reimbursement to the developer from other benefiting properties a prorated portion of the costs for extending the water and sewer lines. ATTACHMENTS: 1. Third Addendum to the Annexation and Pre-Development Agreement COMMISSION ACTION: Attachment No. 1 THIRD ADDENDUM TO ANNEXATION AND PRE-DEVELOPMENT AGREEMENT TillS THIRD ADDENDUM TO ANNEXATION AND PRE-DEVELOPMENT AGREEMENT is made and entered into this _ day of ,2005, by and between the CITY OF WINTER SPRINGS, FLORIDA (the "City"), and TOUSA HOMES, INC., a Florida corporation, formerly known as ENGLE HOMES/ORLANDO, INC., a Florida corporation ("Owner"), as follows: WITNESSETH: A. WHEREAS, the City and Battle Ridge Companies, Inc. ("Battle Ridge") previously entered into that certain Annexation and Pre-Development Agreement dated January 26, 1998, and recorded April 8, 2002 in Official Records Book 3593, Page 217, Public Records of Seminole County, Florida (the "Agreement") in relation to certain property identified therein (the "Property"); and B. WHEREAS, Owner is the successor-in-interest to Battle Ridge; and C. WHEREAS, Owner and the City previously amended the Agreement pursuant to that certain First Addendum to Annexation and Pre-Development Agreement dated June 25, 2002 and recorded July 3, 2002 in Official Records Book 4452, Page 671, Public Records of Seminole County, Florida ("First Addendum); and pursuant to that certain Second Addendum to Annexation and Pre-Development Agreement dated June 10, 2003, and recorded June 13, 2003, in Official Records Book 4863, Page 1635, Public Records of Seminole County, Florida ("Second Addendum"); and D. WHEREAS, pursuant to the First Addendum, Owner has installed offsite oversized water and sewer trunk lines which serve the Property and which have capacity to serve other adjacent properties located east of State Road 417 and west of DeLeon Street (the "Subject Area"); and E. WHEREAS, Owner and the City have agreed that Owner shall be entitled to collect a reimbursement fee for providing such water and sewer capacity to other adjacent properties within the Subject Area, all according to the provisions set forth herein. NOW, THEREFORE, in consideration of the mutual covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto desire to be legally bound and agree as follows: 1. reference. RECITALS. The above Recitals are true and correct and are hereby incorporated by 2. AMENDMENT. Section 7(G)(4)(e) of the Agreement is amended to read as follows (underlined words are additions to original text; strike out words are deletions): IV. All developers of property within the Subject Area whose projects utilize the sewer and water trunk lines installed by Owner shall be required by the City to reimburse Owner for such services. Prior to and as a condition of issuing building permits to any such developers. the City shall require written proof that such developers have paid reimbursement fee to Owner at a rate of $739.19 per dwelling unit for sewer services and $ 214.54 per dwelling unit for water services. Any development agreements between the City and future developers shall include this provision. The number of reimbursement fees which may be collected by Owner shall be limited to 415 for sewer services and 1.191 for water services. It is agreed that the City has no financial obligation with respect to the matters set forth in this Section 7(G)(4)(e) except as specifically stated and further that the reimbursement provisions hereof shall remain in effect for a period of ten (10) years from the date of the Third Addendum. Any Potable Water Interconnection with the City of Oviedo for emergency purposes shall not be subject to these reimbursement proVISIons. 3. RECORDING: APPLICATION. This Addendum shall be recorded in the Public Records of Seminole County, Florida, and shall run with the land. The terms of this Addendum shall be applied retroactively. 4. OTHER PROVISIONS. All other provisions contained in the Agreement, as previously amended, shall remain unchanged and shall continue to be in full force and effect. IN WITNESS WHEREOF, the parties have executed this Third Addendum to Annexation and Pre-Development Agreement on the day and year first set forth above. Signed, sealed and delivered in the presence of: CITY OF WINTER SPRINGS, a Florida municipal corporation ATTEST: CITY CLERK By: MAYOR TOUSA HOMES, INC., a Florida corporation Print Name: By: Dean A. Burleson, Division President Print Name: STATE OF FLORIDA COUNTY OF by corporation, who [ The foregoing instrument was acknowledged before me this _ day of ,2005, , as Mayor of the City of Winter Springs, a Florida municipal ] is personally known to me, or [ ] has produced for identification. (SEAL) Notary Signature My Commission Expires: STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this _ day of ,2005, by Dean A. Burleson, as Division President of Tousa Homes, Inc., a Florida corporation, who [ ] is personally known to me, or [ ] has produced for identification. (SEAL) Notary Signature My Commission Expires: .. THIRD ADDENDUM TO ANNEXATION AND PRE-DEVELOPMENT AGREEMENT THIS TIDRD ADDENDUM TO ANNEXATION AND PRE-DEVELOPMENT AGREEMENT is made and entered into this _ day of , 2005, by and between the CITY OF WINTER SPRINGS, FLORIDA (the "City"), and TOUSA HOMES, INC., a Florida corporation, formerly known as ENGLE HOMES/ORLANDO, INC., a Florida corporation ("Owner"), as follows: WITNESSETH: A. WHEREAS, the City and Battle Ridge Companies, Inc. ("Battle Ridge") previously entered into that certain Annexation and Pre-Development Agreement dated January 26, 1998, and recorded April 8, 2002 in Official Records Book 3593, Page 217, Public Records of Seminole County, Florida (the "Agreement") in relation to certain property identified therein (the "Property"); and B. WHEREAS, Owner is the successor-in-interest to Battle Ridge; and C. WHEREAS, Owner and the City previously amended the Agreement pursuant to that certain First Addendum to Annexation and Pre-Development Agreement dated June 25,2002 and recorded July 3, 2002 in Official Records Book 4452, Page 671, Public Records of Seminole County, Florida ("First Addendum); and pursuant to that certain Second Addendum to Annexation imd Pre-Development Agreement dated June 10, 2003, and recorded June 13, 2003, in Official Records Book 4863, Page 1635, Public Records of Seminole County, Florida ("Second Addendum"); and D. WHEREAS, pursuant to the First Addendum, Owner has installed offsite oversized water and sewer trunk lines which serve .the Property and which have capacity to serve other adjacent properties located east of State Road 417 and west of DeLeon Street (the "Subject Area"); and E. WHEREAS, Owner and the City have agreed that Owner shall be entitled to collect a reimbursement fee for providing such water and sewer.capacity to other adjacent properties within the Subject Area, all according to the provisions set forth herein. NOW, THEREFORE, in consideration of the mutual covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto desire to be legally bound and agree as follows: 1. reference. RECITALS. The above Recitals are true and correct and are hereby incorporat~ by 2. AMENDMENT. Section 7(G)(4)(e) of the Agreement is amended to read as follows (underlined words are additions to original text; strike out words are deletions): iv. All developers of property within the Subject Area whose projects utilize the sewer and water trunk lines installed by Owner shall be required by the City to reimburse Owner for such services. Prior to and as a condition of issuing building permits to any such developers, the City shall require written proof that such developers have paid reimbursement fee to Owner at a rate of $739.19 per dwelling unit for sewer services and $ 214.54 per dwelling unit for water services. Any development agreements between the City and future developers shall include this provision. The number of reimbursement fees which may be collected by Owner shall be limited to 415 for sewer services and 1,191 for water services. It is agreed that the City has no financial obligation with respect to the matters set forth in this Section 7(G)(4)(e) except as specifically stated and further that the reimbursement provisions hereof shall remain in effect for a period of ten (10) years from the date of the Third Addendum. Any Potable Water Interconnection with the City of Oviedo for emergency purposes shall not be subject to these reimbursement provisions. 3. RECORDING: APPLICATION. This Addendum shall be recorded in the Public Records of Seminole County, Florida, and shall run with the land. The terms of this Addendum shall be applied retroactively. 4. OTHER PROVISIONS. All other provisions contained in the Agreement, as previously amended, shall remain unchanged and shall continue to be in full force and effect. IN WITNESS WHEREOF, the parties have executed this Third Addendum to Annexation and Pre-Development Agreement on the day and year first set forth above. Signed, sealed and delivered in the presence of: CITY OF WINTER SPRINGS, a Florida municipal corporation ". TOUSA HOMES, INC., a Florida corporation By: STATE OF FLORIDA COUNTY OF ~,~w ,--,The fgre20ing instrument was acknowledged before me this .).fo"-U-dayof ~ ,2005, by )zNv ,,{. ~ ~ , as Mayor of the City of Winter Springs, a Florida municipal corporation, who [ --r- is personally known to me, or [ ] has produced for identific non. (SEAL) 1) Andree Lorenzo-t.ueces ! . . My Commission 00209870 '\: ;1 ExplIeSMly09. 2007 (SEAL) ~~'~ RENEE MARIE MARTINEZ .,. ~z MY COMMISSION" DD4I83S6 "''101''-'' EXPIRES: Apr. 13,2009 (407) 398.0153 F1onct. Nolllry SenIIoe.com ~~~ Not Signature My Commission Expires: