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
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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: