HomeMy WebLinkAboutWinter Springs Golf, LLC First Addendum to Effluent Disposal Easement Agreement 2007 10 01
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FIRST ADDENDUM TO
EFFLUENT DISPOSAL EASEMENT AGREEMENT
THIS FIRST ADDENDUM to Effluent Disposal Easement Agreement ("First Addendum")
is made this Jj(' day of October, 2007, by and between the CITY OF WINTER SPRINGS,
FLORIDA, a Florida municipal corporation, whose address is 1126 East State Road 434, Winter
Springs, Florida ("City"), and WINTER SPRINGS GOLF, LLC, a Florida limited liability
company whose address is 375 Forsgate Drive, Monroe Township, New Jersey 08831 (Collectively
"O'.vners").
RECITALS:
WHEREAS, the Seminole Utility Company and Winter Springs Development Corporation
entered into Effluent Disposal Easement Agreement, dated September 28, 1987 ("Agreement"); and
WHEREAS, this First Addendum and Agreement are related to certain real property located
in Seminole County, Florida which is commonly known as the Tuscawilla Golf and Country Club
("Club Property"); and
WHEREAS, the City previously purchased Seminole Utility Company and has assumed sole
responsibility for duties provided for in the Agreement; and
WHEREAS, Owners are the current fee simple Owners ofthe Club Property, as successors
in interest to Winter Springs Development Corporation, pursuant to the Agreement; and
WHEREAS, the Agreement terminates on September 28, 2007; and
'VHEREAS, the parties desire to extend the terms of the Agreement until April 1, 2008
under the terms and conditions set forth herein; and
NOW, THEREFORE, in consideration ofthe mutual covenants and conditions contained
herein, the parties agree as follows:
1.0 The term of the Agreement is extended until April 1, 2008, subject to the following
modifications:
A. The Owners shall bear all responsibility of maintenance and repairs to the pumps,
valves, controls and all related appurtenances needed to operate the irrigation
system on the Club Property.
First Addendum to
EFFLUENT DISPOSAL EASEMENT AGREEMENT
City of Winter Springs - React Land, LLCI Winter Springs Golf, LLC
Page 1 of 2
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B. The Owners shall assume full responsibility for any and all electric bills incurred to
operate the irrigation pump station on the Club Property.
C. The City shall continue to have use ofthe well on the Club Property at no cost to the
City.
D. Paragraph 7 is hereby deleted in its entirety.
2.0 This Agreement may be extended for an additional six (6) months by written consent of
the parties.
3.0 All other provisions of the Agreement not modified by this First Addendum and not in
conflict herewith, shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have executed this First Addendum to the Effluent
Disposal Easement Agreement on this ,rr day of ()dv ~ , 2007.
CITY:
CITY OF' WINTER SPRINGS,
FLORIDA
By. ;?~W"-1?J~ ~
Ronald W. McLemore, City Manager
Date: J 0 -) -7 -' D;
\0- \10-07
First Addendum to
EFFLUENT DISPOSAL EASEMENT AGREEMENT
City of Winter Springs - React Land, LLC/ Winter Springs Golf, LLC
Page 2 of 2
BROWN, GARGANESE, WEISS & D'AGRESTA, P.A.
Attornrys at Law
Debra S. Babb-Nutcher"
Joseph E. Blitch
Usher L. Brown'
Suzanne D'AgrestaO
Anthony A. GarganeseO
J.W. Taylor
Jeffrey S. Weiss
Offices in Orlando, Kissimmee, Cocoa,
Ft. Lauderdale & Tampa
Tara L. Barrett
Vivian P. Cocotas
Scott J. Dornstein
Mitchell B. Haller
Katherine W. Latorre
Terri E. Oster
Amy J. Pitsch
'Board Certified Civil Trial Lawyer
oBoard Certified City, County & Local Government Law
"Board Certified Appellate Practice
Erin J. O'Leary"
Catherine D. Reischmann"
William E. Reischmann, Jr.
Of Counsel
October 22, 2007
Andrea Lorenzo-Luaces, City Clerk
City of Winter Springs
1126 East State Road 434
Winter Springs, Florida 32708
Re: First Addendum to Effluent Disposal Easement Agreement
Dear Andrea:
Please find enclosed for safekeeping, the original fully executed First Addendum to Effluent
Disposal Easement Agreement.
Should you have any questions, please do not hesitate to me.
Anthony A. Garganese
City Attorney
AAG/jf
Enclosure
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' Ft. Lauderdale (954) 670-1979
Website: www.orlandolaw.net . Email: firm@orlandolaw.net