HomeMy WebLinkAboutTousa Homes -2005 05 26
THIRD ADDENDUM TO
ANNEXATION AND PRE-DEVELOPMENT AGREEMENT
TillS THIRD ADDENDUM TO ANNEXATION AND PRE-DEVELOPMENT
AGREEMENT is made and entered into this::U; ~day of IV} q )r , 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 ofill.e 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~d 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 subj ect 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
ay~)M
MA R .
~~~
Prin ame: .. (;f'~
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Print Name: &.sJ ,@ ~~ t\ ll, ~)1--e r
TOUSA HOMES, INC., a Florida corporation
By:
,(l+~
Dean A. Burleson, Division President
(SEAL)
1:; Andrea lorenzo-LlJ8CeS
! . My Commission 00209870
'\OI~ ExpIres May 09. 2007
STATE OF FLORIDA
COUNTY OF C'~~cy-.
The foregoing instrument was acknowledged before me this ~ day of ~'-\ , 2005,
by Dean A. Burleson, as Division President of Tousa Homes, Inc:, a Florida corpo~ ~
personally known to me, or [ ] has produced for
identification.
...~ RENEE MARIE MARTINEZ
~"." MYCOMMISSION#DD418356
"'~Of"'~.Q EXPIRES: Apr. 13,2009
(407) 398-0153 Florida Notary SoMce.com
cv~:\\\~~
Notary Signatur~
(SEAL)
My Commission Expires: