HomeMy WebLinkAboutWinter Springs Development Joint Venture Assignment of Agreement (Water and Sewer Capacity) - 1992 04 23 ASSIGNMENT OF AGREEMENT
(WATER AND SEWER CAPACITY)
FOR AND IN CONSIDERATION of the sum of TEN AND N0/100 DOLLARS
($10.00)and of other good and valuable consideration,the receipt and sufficiency of which
are hereby acknowledged,the undersigned,WINTER SPRINGS DEVELOPMENT JOINT
VENTURE, a Florida general partnership, with an address of 1301 Winter Springs
Boulevard, Winter Springs, Florida 32708 (hereinafter referred to as "Assignor"), does
hereby transfer,set over,assign and convey into GEORGE WIMPEY OF FLORIDA,INC.,
a Florida corporation,with an address of 201 North New York Avenue, Suite 300, Winter
Park, Florida 32789 (hereinafter referred to as "Assignee"), all of Assignor's rights and
privileges under that certain Developer Agreement dated April 26, 1990 between Assignor,
therein referred to as"Developer",and the CITY OF WINTER SPRINGS therein referred
to as City',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 now described
as Lots 1-70 DAVENPORT GLEN, according to the Plat thereof recorded in Plat Book
45, Page 18, Public Records of Seminole County, Florida, together with all rights, powers
and privileges in as full a manner as Assignor is authorized to exercise them.
Assignor hereby warrants and represents to Assignee that by this Assignment, it has
transferred to Assignee an allocation of Seventy (70) Equivalent Residential Connections
(ERC's)of sewer capacity and Seventy(70)ERC's of water capacity which is available and
sufficient to service said Lots 1-70 of said DAVENPORT GLEN.
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.
The parties hereto acknowledge and agree that in the event Assignee is in default
under that certain Option Agreement for Purchase and Sale dated February 20, 1992, as
amended, between Assignor, as Seller, and Assignee, as Purchaser, then all assignments
for water and sewer capacity made herein and all rights and privileges under said Developer
Agreement shall automatically revert to Assignor,except that such assignments of water and
sewer capacity made to Assignee for Lots then owned by Assignee shall not automatically
revert back to Assignor and shall remain assigned to Assignee as provided herein.
The parties hereto further acknowledge and agree that no connections to the City
of Winter Springs water and sewer system shall be applied for or made unless or until
Assignee has been conveyed the applicable Lot or Lots by Assignor.
This Assignment may be executed and recorded in counterparts.
IN WITNESS WHEREOF, Assignor and Assignee have executed this Assignment
in their names in manner and form sufficient to bind them as of the 23rd day of April,
1992.
Signed, sealed and delivered
in the presence of: ASSIGNOR:
WINTER SPRINGS DEVELOPMENT
JOINT VENTURE, a Florida general
partnership
By: HUMBOLDT FINANCIAL
SERVICES, INC., a California
corporation, General Partner
Printed Name: h -- ;{ % , Names
G Title:
Printed Name: %4"
By: J�
P ' ed Name: , n
Title: .P✓1'/c��
Printed Name: (CORPORATE SEAL)
Date of Execution: �/-i `"-
By: HOME CAPITAL CORPORATION,
a California corporation, General
Partner
By:
Printed Name: Den' -e Name: �✓ �r%r c- P/�c�
Title: w i 9
Printed Name:
� >
Printed Name: .'c-e_ Name: 41%/i.,f- ,
Title:
Printed Name: f' (CORPORATE SEAL)
Date of Execution: _
ASSIGNEE:
GEORGE WIMPEY OF FLORIDA, a
Florida corporation
ed Name: DLOIJE 6-40i-'050N Name: /Iic.�r*�✓ � ��
Title:
Printed Name: (CORPORATE SEAL)
Date of Execution:
4/15/92
331/c/g-wimp ey/win-sprin.asn
2
CONSENT TO AND NOTICE OF ASSIGNMENT
The undersigned, being the utility under the Developer Agreement hereinabove
described, does hereby acknowledge notice and knowledge of the within and foregoing
Assignment of Agreement (Water and Sewer Capacity) to GEORGE WIMPEY OF
FLORIDA, INC. sufficient to develop said Lots 1-70 of DAVENPORT GLEN and does
hereby consent to the foregoing Assignment.
Signed, Sealed and Delivered CIWINTE PRINGS
in the Presence of:
By:TY 4
Printed Name: !Go fan Loi k�� Printed Name: KAU
City Manager
,��1
Printed Name: 40 a a -r. A,)o,e.Ty al
Date:
(OFFICIAL SEAL)
STATE OF
COUNTY OF S
The foregoing instrument was acknowledged before me this_day of
1992, by , as - - and by - , as
+ of,Humboldt Financial Services, Inc., a California corporation, which
corporation is a partner of Winter Springs Development Joint Venture, a Florida general
partnership. They are personally known to me:ar-have produced—
and
roduced--and -- ------ --- as-identification and did not take an oath.
Printed Name: - - '
(AFFIX NOTARIAL SEAL) NOTARY PUBLIC
My Commission Expires:
9ff3,r4M 9*
s Am Price
STATE OF rn� �' PUKC �
�i ��I CCUMV oos
COUNTY OF U,
The foregoing instrument was acknowledged before me this day of
1992, by _ ( , as >} and by
as—4- _ - -of Home Capital Corporation, a California corporation,which
corporation is a partner of Winter Springs Development Joint Venture, a Florida general
partnership. They are personally known to me.or-#ave-produced -- - - -
and — — — - as identification-and did not take an oath. -
Printed Name:
(AFFIX NOTARIAL SEAL) NOTARY PUBLIC
My Commission Expires:
orezcxALPURA
SZAAL
DWg"Ann Price
3
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this �'— day of
1992, by h o J-{s , as L: .L of George Wimpey of Florida,
a Florida corporation. He or she is personally known tome or has produced n'/A
as identification and did not take an oath.
Printed Name: ��SS� �• (moi lr7L�i�!
(AFFIX NOTARIAL SEAL) NOTARY PUBLIC
My Commission Expires: %' '', /J
STATE OF FLORIDA
COUNTY OF SEMINOLE
The foregoing instrument was acknowledged before me this 23rdday of APRIL ,
1992, by RICHARD ROZANSKY , as the City Manager of the City of Winters Springs,
Florida. He is personally known to me er-has-Trodttee& :y/A as
4dentif cation and did not take an oath.
�1
Printed Name: MARY T. NORTON
(AFFIX NOTARIAL SEAL) NOTARY PUBLIC
My Commission Expires:
NOTARY PUBL]C;STATc Of FLORIDA AT LAROf
,ES APRIL4,1995
F6ISOFD PTH ZU AG'eidT,S NOTAR YBROKKERAG6
4/15/92
331/c/g-wimpey/win-sprin.asn
4