HomeMy WebLinkAboutLevitt and Sons of Seminole County 2nd Modification of Pre-Annexation Developer's Agreement - 2007 07 30
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MARYANNE MORSE, CLERK OF CIRCUIT COURT
SEt.IINOLE COUNTY
HK OS7'31 Pgs 0455 - 4~S3; (:,p9s)
THIS INSTRUMENT WAS PREPARED BY
AND SHOULD BE RETURNED TO:
CLERK'S # 2007119405
Anthony Garganese
City Attorney of Winter Springs
,(1 Brown, Garganese, Weiss & D'Agresta, P.A.
\, V 225 E. Robinson St., Suite 660
" Orlando, FL 32801
(407) 425-9566
RECORDED 08/15/2007 11;35;00 AM
RECORDING FEES 44;00
RECORDED BY G Harford
FOR RECORDING DEPARTMENT USE ONLY
SECOND MODIFICATION OF PRE-ANNEXATION DEVELOPER'S AGREEMENT
THIS SECOND MODIFICATION OF PRE-ANNEXATION DEVELOPER'S
AGREEMENT (the "Amendment") is made and executed this J;:>~ day of ::ItA-I";? ,2007,
by and between the CITY OF WINTER SPRINGS, a Florida Municipal Corporation (the
"City"), whose address is 1126 East S.R. 434, Winter Springs, Florida 32708, and LEVITT
AND SONS OF SEMINOLE COUNTY, LLC, a Florida limited liability company ("Levitt"),
whose address is 7777 Glades Road, Suite 410, Boca Raton, Florida 33434.
WITNESSETH:
WHEREAS, Highlander Investments, Ltd., a Florida limited partnership ("Highlander"),
and the City previously entered into a binding Pre-A1mexation Developer's Agreement dated
September 20, 2004 and recorded November 16, 2004 in Official Records Book 5516, Pages
1320-1342, as modified pursuant to that certain First Modification of Pre-Annexation
Developer's Agreement dated April 25, 2006 and recorded in Official Records Book 6226, Pages
797-804, both of the Public Records of Seminole County, Florida (together the "Developer's
Agreement"), relating to certain real property located in Seminole County, Florida and more
particularly described therein (the "Property"); and
WHEREAS, the parties desire to amend the Developer's Agreement regarding the
constmction of a portion of Robelis Family Lane pursuant to the temlS and conditions contained
herein.
NOW THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties mutually agree to amend the Developer's Agreement as follows:
1. Recitals~ Capitalized Terms. The recitals set forth above are true and correct and
are incorporated herein by this reference. Unless otherwise set forth herein, all capitalized terms
utilized herein shall have the same meaning as set forth in the Developer's Agreement.
Second Modification to Pre-Annexation Developer's Agreement
City of Winter Springs and Levitt & Sons of Seminole County, LLC.
1
2. Roberts Familv Lane Construction.
Lane, Developer and City agrees as follows:
With respect to Roberts Family
(a) Developer and City acknowledge and agree that pursuant to the Town Center
Master Plan, Roberts Family Lane will be a two-way public collector road. In accordance with
the Final Engineering Plans approved by the City Commission on August 8,2005, Developer has
agreed to construct a portion (1/2 road segment) of Roberts Family Lane on the Property, which
is generally located at the intersection of S.R. 434 and Roberts Family Lane and running along
the eastern most boundary of the Property. Construction of that portion of Roberts Family Lane
shall be completed prior to the certificate of occupancies being granted for townhome units 61
through 70. Said units are located along Roberts Family Lane and identified on the Jesup's
Reserve Townhomes Replat, which is recorded in Plat Book 71, Page 90 of the Public Records
of Seminole County, Florida. Developer and City also acknowledge and agree that the other
portion of Roberts Family Lane will be constructed in the future on the property immediately
adjacent to the Property. However, said construction will occur only at such time the adjacent
property becomes available for constructing the other portion of Roberts Family Lane. In the
meantime, the parties further acknowledge and agree that the portion of Roberts Family Lane
constructed on Developer's Property will be a temporary one-way street as depicted on the Final
Engineering Plans.
(b) If the adjacent property becomes available to the City for constructing Roberts
Family Lane prior to or during the construction of Roberts Family Lane on the Developer's
Property, Developer agrees to construct Roberts Family Lane on the Developer's Property and
the adjacent property. Developer's obligation to construct Roberts Family Lane on the adjacent
property terminates upon Developer's completion of construction of the Y2 road segment of
Roberts Family Lane location on the Developer's Property. The City shall reimburse Developer
in U.S. funds, by check, for the Roadway Expenses associated with constructing Roberts Family
Lane pursuant to the applicable terms and conditions of paragraph 4(c) of the Pre-Annexation
Developer's Agreement dated September 20, 2004 and recorded November 16, 2004 in Book
5516, Pages 1320-1342 of the Official Records of Seminole County, Florida.
(c) Developer agrees to indemnify and hold harmless the City and its commissioners,
employees, and city attorneys from and against all claims, losses, damages, personal injuries
(including but not limited to death), or liability to the person or property (including reasonable
attorney's fees through any and all administrative, trial, post judgment and appellate
proceedings), directly or indirectly arising from the negligent acts, errors, omissions, intentional
or otherwise, arising out of or resulting from Developer's and its contractor's construction of
Roberts Family Lane. This indemnification shall survive the expiration or termination of this
Agreement.
3. Disclosure to Future Residents of Roberts Familv Lane. Developer agrees to
incorporate into every sale and purchase contract for all townhome units located along Roberts
Family Lane on the Property, a disclosure form advising said prospective purchasers that Roberts
Family Lane will be a two-way collector road at such time the adjacent property becomes
Second Modification to Pre-Annexation Developer's Agreement
City of Winter Springs and Levitt & Sons of Seminole County, LLC.
2
available for constructing the other portion of said lane. In addition, the one-way nature of
Roberts Family Lane is only temporary in nature until such time the adjacent property becomes
available. A copy of the disclosure form is attached hereto as EXHIBIT "A" and is hereby
deemed fully incorporated herein by this reference. The parties agree that minor modifications
will be made to the disclosure form to conform it to each purchaser.
4. Effect of Amendment. All other terms and conditions of the Developer's
Agreement, not in conflict with this Amendment, shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seal on the
date first above written.
CITY OF WINTER SPRINGS
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By: A1f~- f. (;)I1.A/YL
f ,J
Jol(o/F. Bush, Mayor
ATTEST:
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By' (,~\~ ~?
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'"-'"''i,\~
And1~Lorenzo Luaces, City Clerk
/')
APPROVED AS TO FORM AND LEGALITY
For the use and reliance of the City of Winter
Springs, Florida, only.
~ ~j) U I
By:
Anthony arganese, City Attorney for
the City of Winter Springs, Florida
Second Modification to Pre-Annexation Developer's Agreement
City of Winter Springs and Levitt & Sons of Seminole County, LLC.
3
Signed, sealed and delivered in the
presence of the following witnesses:
LEVITT & SONS OF SEMINOLE COUNTY,
LLC., a Florida r' liability company
e: ~v C"'l, ~ ' fp.(<...\<sf1-
\J I<''''L Pcz.~~ ; o"'t..-.l\
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iLu~;tR~eM ; II ~
Printed Name of Wimess
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-S~Jt1L~t~ ~WTo~
Printed Name of Wimess
STATEOFFL~t .
COUNTY OF-fizA nC) ,OJ? a elL-
nl The foregoing instrument was acknowledged before me this e2 Y. day of
/J Lell _ , 2007, by ~u(' c,. --~ ?OL" \CC~ , as
(Jof LEvriT & SONS OF SEMINOLE C01JNTY, LLC., a Florida limited liability company, on
behalf of said company. ....He is- personally known to me or produced
as identification.
(NOTl\RY SEAL)
'-Iffxa L ~(.~ J CCvtL~
~Ubl.iC Signature)... ('L.... l
\\()i(Q n ne3-Y_'(.:AJ- a -~=A-
(Print Name)
Notary Public, State of
Commission No.:
My Commission Expires: _
Second Modification to Pre-Annexation Developer's Agieement
City of Winter Springs and Levitt & Sons of Seminole County, LLC.
4
JESUP'S RESERVE - Purchaser Acknowledgement for Units Located Along Robert's
FamilY Lane
Purchaser, ' purchaser of Unit _, hereby
acknowledges that Roberts Family Lane, a one-way street located along the east boundary line of
the Property, will be widened to a two-lane street at a future date provided that the adjacent
property is acquired by the City and becomes available for constructing the second lane of
Roberts Family Lane. This Acknowledgement is hereby appended to and made a part of the
Purchase and Sale Agreement between Purchaser and Seller, Levitt and Sons of Seminole
County, LLC, a Florida limited liability company, dated , _, 2007. The
consideration for this Acknowledgement shall be the same consideration as stated in the
Purchase and Sale Agreement.
I acknowledge receipt of this Acknowledgement, have carefully read and reviewed its terms and
understand same,
Dated:
Purchaser:
EXHIBIT
10
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{01166304; I}
BROWN, GARGANESE, WEISS & D'AGRESTA, P.A.
Attomrys at Lap.!
Debra S. Babb-Nutcher
Joseph E. Blitch
Usher L. Brown'
Suzanne D'AgrestaO
Anthony A. GarganeseC
J.w. Taylor
Jeffrey S. Weiss
Offices in Orlando, Kissimmee, Cocoa,
Ft. Lauderdale & Tampa
Vivian P. Cocotas
Scott J. Dornstein
Mitchell B. Haller
Katherine W. Latorre
Terri E. Oster
Amy J. Pitsch
'Board Certified Civil Trial Lawyer
"Board Certified City, County & Local Government Law
.Board Certified Appellate Practice
Erin J. O'Leary.
Catherine D. Reischmann"
William E. Reischmann, Jr.
Of Counsel
August 21, 2007
Andrea Lorenzo-Luaces, City Clerk
City of Winter Springs
1126 East State Road 434
Winter Springs, Florida 32708
Re: Second Modification of Pre-Annexation Developer's Agreement
Dear Andrea:
Please find enclosed for safekeeping, the original fully executed and recorded Second
Modification of Pre-Annexation Developer's Agreement between the City of Winter Springs and
Levitt & Sons of Seminole County, LLC.
Should you have any questions, please do not hesitate to contact our offices.
Very truly yours,
viP}{\;
~D.(I Matta
Assistant to A. Garganese
City Attorney
Enclosure
Ikdm
225 East Robinson Street, Suite 660' P.O. Box 2873' Orlando, Florida 32802-2873
Orlando (407) 425-9566 Fax (407) 425-9596' Kissimmee (321) 402-0144' Cocoa (866) 425-9566' Fl. Lauderdale (954) 670-1979
Website: www.orlandolaw.net . Email: firm@orlandolaw.net