HomeMy WebLinkAboutWinter Springs Development Joint Venture - 1990 04 26
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DEVELOPER ~GREEMENT
THIS AGREEMENT made and entered into this ?G~ day
of - ~il , 1990, by and between the WINTER SPRINGS
DEV~ VENTURE, a Florida general partnership
(hereinafter the "Developer"); and the CITY OF WINTER SPRINGS, a
Florida municipal corporation (hereinafter the "City").
WIT N E SSE T H :
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WHEREAS, Developer owns or controls lands located in Seminole
County, Florida, known as the Tuscawilla Planned Unit Development
and more fully described in Exhibit "A", attached hereto and made
a part hereof, hereinafter referred to as the "property" and
Developer or its assigns intends to develop the Property by
erecting thereon single-family residential, multi-family or
condominium buildings, commercial improvements, or one or any
combination of these; and, .
WHEREAS, in connection with theffiale f the water and sewer
system assets, the City has agreed pr ide the Developer with
capacity sufficient to serve 1500 Eq: ent Residential
Connections (as defined below) on the Property of which the
first connections will be provided without collection
of a Service Availability Charge (as defined below); and
WHEREAS, Developer is desirous of having available to the
Property the City's central water and sewer system so that there
may be provided to the Property and the improvements to be
constructed thereon, from time to time, and the occupants
thereof, adequate water and sewer service from the central water
and sewer systems of the City; and,
~~EREAS, the City is willing to provide, in accordance with
the provisions of this Agreement, City's Code of Ordinances and
thereafter to operate City's central water and sewer systems so
that the occupants of the improvements on the Property may have
available an adequate supply of water and sewer services; and,
NOW THEREFORE, for and in consideration of the mutual
undertakings and agreements herein contained, Developer and City
hereby covenant and agree as follows:
SECTION 1
DEFINITIONS
The terms used within this Aqreement and the Exhib ts
attached hereto and made a part hereof shall have the ollowing
meanings unlesE the context indicates otherwise:
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1.1 "Active Connection" means a physical connection to
"City's Facilities" (as hereinafter defined) at the "point of
Delivery" (as hereinafter defined) whether or not service is
currently being provided.
1.2 "Agreement" means this Developer Agreement.
1. 3 "City" means the City of Winter Spr ings, a Flor ida
municipal corporation.
1.4 "City's Facilities" means the water treatment plants or
sewage treatment systems or all component parts of the Water
Transmission System and Sewage collection/Treatment/Disposal
systems owned by City, including all future additions and
extensions thereto. For purposes of this Agreement, such
Facilities shall be restricted to what was formerly known as
Seminole Utility Co.
1.5 "Construction Phase" means that portion of the Property
which is being or is to be developed as a phase.
1.6 "Contributions in Aid of Construction" (CIAC) means any
money, services or Property received by City from "Developer" (as
hereinafter defined) provided at no cost to City to induce City
to provide water or sewer service to the Property and represents
an addition or transfer to the capital of City, and which is
utilized to offset City's costs in providing water and sewer
service to the Property.
1.7 "customer" means the person, firm, association,
corporation, agency, or subdivision of government who is
physically connected to the City Facilities water and sewer
service provided by the City within the Property and is obligated
to pay for service.
1.8 "Customer Installation" means all the facilities on the
customers' side of the Point of Delivery of service as
hereinafter defined.
1.9 "Developer" means Winter Springs Development Joint
Venture, their successors or assigns including, but not limited
to, any Property owner, builder, developer, person, association,
corporation or other entity who seeks to obtain or is currently
?btaining water or sewer service from City for structures or
lmprovements located or to be constructed on the Property.
1.10 "Developer Engineering Plans" means the plans and
specifications of its enaineers, or their successor, for
provision of water service or sewer service to the Property.
1.11 "Development Plan" means detailed plans and any
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amendments thereto fu~nished b~ Developer to City containing
information with regard to the proposed structures and other
improvements to be constructed on the Property, including
proposed densities and anticipated time for the construction.
1.12 "Engineer" means a person who meets the qualifications
specified as "engineer" by section 471.005, Florida Statutes
(1981).
1.13 "Equivalent Residential Connection" ("ERC") means the
amount of water plant and system capacity or sewage treatment
plant and system capacity in gallons required to provide adequate
water and sewer service to each metered connection at the point
of delivery of a single-family residence. For purposes of this
Agreement, ERC shall be 500 gallons of water per day and 300
gallons of sewage per day per metered connection.
1.14 "Guaranteed Revenue" means a monthly charge made by
City designed to cover its costs including, but not limited to,
the cost of operation, maintenance, depreciation and debt service
on City's plant and facilities reserved by Developer pursuant tc
the provisions of this Agreement, but which facilities are not
yet being utilized by Customers delivered to the City by virtue
of Developer's development of the Property.
1.15 "Inspection Fee" means a charge made by City for
inspecting or Testing the On-site Facilities and the Off-site
Facilities constructed by Developer and inspecting the connectio~
of the Customer Installation(s) to City's Facilities, as more
particularly described in Section 5.
1.16 "Meter Fee" means a charge made by City in order to
defray the actual cost of the meter(s), meter appurtenances
(including backflow prevention devices required pursuant to rule,
regulation, environmental or health code, or bui~ding plan
approval), and cost of installation.
1.17 "Off-site" means the component parts of the "Water
Transmission System" (as hereinafter defined) or "Sewage
Collection System" (as hereinafter defined) necessary to connect
the Property to the nearest practical existing terminus of City's
Facilities.
1.18 "On-site" means the component parts of the Water
Transmission System or Sewage Collection System located within
the Property on the City side of the Point of Delivery.
1.19 "Plant Capacity" means that portion of City's water
trea~ment plants or sewage treatment plants owned by City which
is reserved for providing water or sewer service to the Property
and structures or improvements located thereon or to be
constructed thereon.
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1 .20 "Foint _eAtery" means the point __ ae6Jery of
"p!i~ery of wate~.or sewer ser~ice to Custo~er, whi~for .water
~-~vice shall be the customeE side of the water meter and for
~e:er shall .be the lot line, unless otherwise specified in the
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, ~eement or the Eng~neer~ng Plans.
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1.21 "Property" means the Property described in Exhibit "All
-d any structures or improvements located thereon or to be .
~~15tructed ~hereon and any supple~ents to Exhibit "A" as may be
agreed upon bet~e~n the parties' hereto ("Supplement (s) "). whi~h
;r'coroorate addJ.t~onal Property and any structures or . .
i;aro~ements:located there~n or to be cons~ructed 'therebn~ in~o
th~ property a~ fully as though the foregoing wer~ described on
~xhibi t "A" at the time of execution of this Agreement:. .
~o:~ithstanding anything .to the contrary contained" herein, in the
~vent of a conflict between the terms and conditions of a
SUDolement and the terms and conditions of this Agreement, .the
ter;s and conditions of the Supplement shall control.
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1.22 "Reclaimed Water System" means those facilities
Dertaining to storage, pumps, chlorination, distributibnmains,
~ervice lines, and valves used to dis tr ibute re'claimed water as
ce: ined in the Ci ty Code. of Ordin?r1ces.
1.23 "Review Charges" means a charge made by City to defray
City's actual costs incurred in reviewing information provided by
D€veloper including, bu t not limited to,. the Development Plans,
.~rigineer ing Plans", and other matters of engineering, .
construction of. dwellings, buildings or other structures'o~
i~rovements, proposed .densities or any other information
~e:sonab~y requested by City pursuant to Developer's applicatio~
~o~ serv~ce. '. .
1. 24 "Service" or "Water or Sewer Servic'en means the
- re:diness and the ability on the part of the City to. furnisp and
~lntain Water Service and Sewer Service to the Point of Delivery
,'. of each lot or tract, pursuant to the applicable rules and
~re;ulations of the applicable regulatory agencies.
1.25 ".Service Availability Charge" means the charge designed
to defray all or a portion of the capital cost to the City for'
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< .~:-n9 water and sewer capacity available through its treatment
,acll1ties, distribution system and collection system.
a~,; 1.26 .. Service Policy" means the Code of Ordinances for Ci ty
c~: ~nY.amendments'or modifications as approved by the City
'-'.:":115s10n.
-l i..,;:' ~7 "Sewage" means all domes tic was tes, including but not
. t:::~l'-:Q to, human waste, residential kitchen wastes, bath and
--e,- wastewater, and similar residential wastes normally
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"rried ~y Plumbin~ L~)""~~s havin~ a 'biological)ygen~.emand
~;d solid content" a e..ed~ng 20~ part~ per .liaparts of.
:astewat~r, and as~re par~lcularly.deflned b he~~es and
~.:>gtlla tions. of. the Departmen t..: of Envlronmental Regula tlon. The
:~rds "sewage". and "Wastewater" shall be considered synonymous
cerein.: "
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1.28. "Sewage Collec'tion/Trea tmentlDisposal Systems" means
,11 component parts of" .the sewage syst"em including, but not
ii~ited to, ~ollec~ion lines, manholes, fo~ce mains, lift or.
ru~oing s ta tlons,- treatment" .works, reuse" system; effluent
irrigation .sys~em'and percolation ponds, including the site for
same, and all other ap~urtenances on the City's side'of.the Point
of Deli very as shown on' the Engineering' Plan. .
1. 29 . "Sewer Service" 'means the readiness and ability on the
:.art of the City to collect Sewage at the Point of Delivery and
:hereafter to treat and dispose of ~ame.
1.30 "System(s)" or."Water" and Sewer System'" means, .unless
otherwise indicated, all water distribution facilities~ including
but not limited. to, mains., lines, pipes, valves, pumps, hydrants.,
:eters an~ ~elated facilitfes, and all se~age collection.or
transmission of effluent reuse facilities, including. but not.
limite~ to mains,~lines, pipes, laterals, valve~, manholes, lift
stations, pump stations', and" all r"elated "facilities to .be
constructed or installed by.Developer pursuant to this Developer
Agreement. .' The term "System( s)" includes all facllities up to
t:;2 Po~nt of Deli very. . :" "."
1..31 IlUser" means a customer ~Hho .is physica.lly co~nected to
the facilities.
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1. 32 '''Water- Service" means the readiness and ability on the
~rt of the City to fur~ish potable water or adequate pressure as
s~cified bY Rule 17~22.106(3)(f)," Florida. Administrative Code,
or its successor provision, at the Point of Delivery~ .
_ 1.33 "Water Transmission System" means all component parts
:t the water tra"nsmission system including, but" not limited to,
::lves, fittings, laterals, hydrants and a'll appurtenances on the
~:tyl s side of the Point of Delivery as shown on the'Development
-lcn.
SECTION 2
AGREEMENT TO SERVE
_ 2.1 General. Pursuant to the terms of this Agreement," City
.~rees to provide 1500 ERC's of Water and Sewer Service to
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. e_oper for use wi thin the Property.
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The first 7'1(/7-:2 7 water and sewer ERC's utilized by
Developer under thlS Agreement shall not be subject to payment of
any Service Availa ili ty Charge to the City ("Group 1 ERC' s t' ) .
The remaining SY 7 water and sewer ERC's shall be provided
to Developer by t e Clty, conditioned upon Developer's payment of
the City's Service Availability Charges, rates and other charges
then in effect, as set forth in the City's Code of Ordinances
and/or rules and regulations concerning water and sewer utility
service and service availability, as may be amended from time to
time ("Group 2 ERC's").
In connection with the sale of the City Facilities to the
City, the City agrees to reserve the Group 2 ERC's without
charge, from the date of execution hereof through April 29,
1995. On April 30, 1995, to the extent Developer wishes to
continue to reserve any of the Group 2 ERC's, Developer shall be
required to pay Service Availability Charges for that capacity on
that date. Thereafter, Developer shall be entitled to the Group
2 ERC's for which Service Availability Charges have been paid,
subject to payment of any guaranteed revenue charges, meter
installation fees, or other charges the City may set forth in its
Code of Ordinances as a prerequisite to obtaining service. Prior
to April 29, 1995, the Developer shall be entitled to utilize any
of the Group 2 ERC's upon payment of the required Service
Availability Charge and other rates or charges of the City at the
time of connection.
If, as of April 30, 1995, Developer has failed to connect an
active, revenue paying Customer to the City Facilities from any
of the Group 1 ERC's, then for that number of Group 1 ERC's for
which guaranteed revenue has not been prepaid on that date as a
Guaranteed ERC as defined herein, Developer shall lose any and
all rights to such capacity absent payment of Guaranteed Revenue,
and other rates and charges that the City then has in effect in
order to reserve capacity in the City Facilities. To the extent
that any Group 1 ERC's have not been used to connect active,
revenue paying customers on April 30, 1999 (at which time the
prepaid guaranteed revenue for the Group 1 ERC's shall have been
depleted), then Developer sha~l lose all rights to such capacity
absent continued payment of Guaranteed Revenue.
2.2 Guaranteed Revenue. As further inducement to the City
to enter into this Agreement, Developer has agreed to prepay four
(4) years worth of Guaranteed Revenue for all or a Dortion of the
Group 1 ERC's which are not represented by active revenue
producing customers as of March 1, 1995, and as more particularly
set forth below.
Upon exe~ution of this Agreq.ment, Developer shall ~ost.a
surety bond ln the amount of $ ~~/73,r~, a copy of WhlCh 1S
attached as Exhibit "B" and incorporat~ herein by reference
("Surety Bond") which assures to the City four (4) years of
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Guaranteed Revenue for ~ll 7'1b L 7). 7 Group 1 ERC' s. This
Guaranteed Revenue may be util'lzed by the Ci ty to pay certain
fixed costs, including debt service, incurred in making the Group
1 ERC's available from the City Facilities. The initial amount
of the Surety Bond represents the City's annual Guaranteed
Revenue charge of $256 per combined water and sewer ERC, payable
for a four year period, discounted to a present value of $857.42
per ERC.
On April 20, 1991, April 20, 1992, April 20, 1993, April 20,
1994, and March 1, 1995 ("Calculation Dates"), the City's
consulting Engineer shall certify to the City the number of water
and sewer ERC's represented by revenue producing Customers
connected to the City Facilities. This calculation shall then be
subtracted from 5026 water ERC's and 4649 sewer ERC's to
determine the guaranteed numbers of ERC's ("Guaranteed ERC's").
On April 30, 1995 ("Draw Date"), the Developer shall be obligated
to prepay four (4) years of Guaranteed Revenue to the City for
all Guaranteed ERC's as determined by the City's consulting
Engineer, which amount shall equal the product obtained by
multiplying the Guaranteed ERC's determined on the final
Calculation Date, by $857.42 ("Guaranteed Revenue Amount"). On
April 30, 1994, Developer shall be required to substitute for the
Surety Bond, a letter of credit ("Letter of Credit") (in form and
substance acceptable to City) or cash deposit ("Substitute
Collateral"), in the amount of the Guaranteed Revenue Amount
calculated on April 20, 1994. Upon posting of the Substitute
Collateral, the Surety Bond shall be released. In the event that
the Developer fails to deliver the Substitute Collateral, the
City may make a claim on the Surety Bond and City may withhold
the delivery of any further sewer and water capacity required
hereunder. The City shall provide Developer with written notice
of the Guaranteed Revenue Amount due no later than March 10,
1995. Developer shall have the right to pay the Guaranteed
Revenue Amount, in lieu of the City making demand on the
Substitute Collateral.
o~ 4/30/91, 4/30/92, 4/30/93, and 4/30/94 ("Substitution
Dates"), DeveloDer shall have the right to provide a substitute
Surety Bond in a reduced amount or, in lieu thereof, a rider
reducing the amount of the existing bond equal to $857.43
multiplied by the number of Guaranteed ERC's as determined on the
ca~culation Date immediately preceding the Substitution Date for
WhlCh the calculation is being made. Any substituted Surety Bond
must be identical to the Surety Bond set forth in Exhibit "B" in
all ways except amount. All costs of issuance and subsequent
maintenance of the Surety Bond shall be borne by the Developer.
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The parties acknowledge that the Guaranteed ERC's for which
Developer has prepaid the Guaranteed Revenue Amount may be
replaced by Developer with active, revenue producing Customers of
the City Facilities within the four year Guaranteed Revenue
period. In that event, Developer shall be entitled to a refund
of a portion of the Guaranteed Revenue Amount for the balance of
the four year period after which the revenue producing customer
has connected to the City Facilities. For each Guaranteed ERC
connected to the City Facilities and replaced by a revenue
producing Customer within the four year Guaranteed Revenue
period, Developer shall be entitled to a refund calculated at the
end of each month and paid to Developer within 15 days thereafter
by multiplying 17.8629 times the number of months remaining in
the guaranteed period following the month in which the Guaranteed
ERC has been replaced by a revenue producing Customer. For
example, if one (1) Guaranteed ERC is replaced by a revenue
producing Customer on July 4, 1995, then Developer would be
entitled to a refund on that ERC in the amount of $803.83. This
is derived by taking 45 months remaining in the guarantee period
and multiplying by 17.8629.
On April 20, 1996, April 20, 1997, and April 20, 1998, the City's
consulting Engineers shall certify to the city, and city shall
notify Developer of the number of Guaranteed ERC's which were
replaced by revenue producing Customers within the preceding one
year period and the City shall, within thirty (30) days of such
certification, make a refund of Guaranteed Revenue to Developer
for such ERC's in accordance with the schedule above.
2.3 Connection and Service. Upon Developer's completion of
construction of the On-site Facilities and the Off-site
Facilities, compliance by Developer with all terms and conditions
of City's Code of Ordinances and/or rules and regulations
concerning water and sewer utility service and service
availability and acceptance by City, Developer shall be
authorized to connect the On-site Facilities and the Off-site
Facilities installed bv Develooer to Citv's Facilities. Such
connections shall be at the expense of D~veloper and in
accordance with all standards, rules, regulations and orders of
City and all applicable governmental authorities. City hereby
agrees to orovide water and sewer service to the prooertv and
Developer hereby agrees to obtain and use such water-and~sewer
service in accordance with the terms and conditions of this
Agreement, the City Code of Ordinances and/or rules and
regulations concerning water and sewer utilitv service and
service availability and the rules and regulations of any
governmental authority having jurisdiction thereof.
2.4 Multifamilv Units. Notwithstanding anything herein to
the contrary, the parties acknowledqe and agree that one and two
bedroom multifamily apartments and townhomes ("Multifamily
Units") utilize an average of 80% of the water and sewer capacity
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required for a single family residence. Therefore, for purposes
of determining Developer's capacity right and obligations under
this Agreement, a Multifamily Unit shall be considered as .8 ERC.
2.5 Commercial Units. The number of ERC's for commercial
or other business usage shall be in accordance with the City Code
of Ordinances.
SECTION 3
CONSTRUCTION OF FACILITIES
3.1 Obligation to Construct. In order to induce City to
reserve and provide Plant Capacity for the Property and to
continuously provide structures and other improvements located on
the Property or to be constructed thereon from time to time and
the occupants thereof with water and sewer service, Developer
hereby agrees to engineer, construct, install, connect and to
transfer ownership and control to City, as a contribution-in-aid-
of-construction, the On-site Facilities and the Off-site
Facilities contemplated pursuant to this Agreement and a
Reclaimed Water System as required by the City Code of
Ordinances.
3.2 On-site Facilities. The term "On-site" is defined as
the component parts of the Water Transmission System or Sewage
Collection System located within the Property and includes all
facilities prior to the point of Delivery, which for metered
service shall be the outlet connection of the meter or for non-
metered service shall be the point at which City's piping
connects with customer's piping. The term Water Transmission
System as used in this Agreement shall include all component
parts of the Water Transmission System including, but not limited
to, valves, fittings, laterals, hydrants and all appurtenances
outside the Point of Delivery as shown on the Development Plan
for such Water Transmission System. The term "Sewage Collection
System" as used in this Agreement shall include all component
parts of the Sewage Collection System including collection lines,
manholes, force mains, lift or pumping stations, including the
site for same, and all other appurtenances on Developer's side of
the Point of Delivery as shown on the Engineering Plans (as
hereinafter defined) for the installation of such Sewage
Collection System.
3.3 Off-site Facilities. The term "Off-site" is defined as
those mains, force mains and pump stations, and appurtenant
facilities necessary to connec~ the On-site Facilities to the
then existing nearest practical terminus of City's Facilities.
Any of City's Facilities ins~alled by Developer pursuant to this
Agreement are required to serve the Property and shall not be
subject to refund or credit to Developer by virtue of the
construction thereof.
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3.4 Engineering Desiqn Plans and Pre-Construction
Requirements. Developer shall provide City with engineering
plans and specifications, prepared and sealed by a professional
engineer registered in the State of Florida, showing the On-site
Facilities and the Off-site Facilities proposed to be installed
by Developer ("Engineering Plans"). Developer may modify its
Development Plans only with the prior written consent of City.
Developer shall cause its engineer to submit Engineering
Plans to City in accordance with the City Code of Ordinances.
Developer shall pay any fees for all Engineering Plan review in
accordance with City's Code of Ordinance.
A pre-construction conference shall be held at the business
offices of the City, with Developer and Developer's Engineer, and
the water and sewer contractor, present to discuss plans, job
schedule, submittal of shop drawings, construction techniques,
and other matters pertinent to the construction of the
Developer's project and the Systems pursuant to this Agreement.
Subsequent to written approval of Engineering Plans by City,
Developer shall cause to be constructed, at Developer's own cost
and expense, all Water Transmission Systems and Sewage
Collections and Reclaimed Water System (if required by city
ordinance) in accordance with the approved Engineering Plans
which are necessary to serve the Property.
Developer further represents and warrants that said
facilities shall be engineered, constructed, installed, tested
and connected in a manner satisfactory to and meeting the
approval and standards of all public, governmental or other
agencies having supervision, regulation, direction, or control of
such facilities and the water and sewer service rendered in
connection therewith. Allan-site Facilities and Off-site
Facilities to be constructed, installed and connected by
Developer hereunder shall be done by contractors, plumbers, or
other personnel licensed and competent to perform such work.
Upon completion of construction and prior to Acceptance by
City, Developer agrees to furnish to City one (1) set of Mylar
"as built" drawings showing specific locations, depth, and other
appropriate details 0: the On-site Facilities and the Off-site
Facilities which have been sealed by the surveyor and engineer of
record along with two (2) prints of the "as built" drawings which
have been sealed bv the enqineer 0: record. Developer will
provide City with three (3) sets of all apprcpriate-manuals for
operation of any pumping stations and other mechanical and
electrical equipment installed by Developer. Developer's
engineer of record shall submit to the Citv a copv cf the signed
certification of completion submitted to the appropriate
:~gul~~or~ agencies. If certification is for the water
Q1StrlDutlon system, a copy of the bacteriological results and a
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sketch showing locations of all sample points shall be
included. Developer will pro~ide the Utility Department with
three (3) copies of the approved subdivision plat.
Developer shall provide performance and warranty bonds for
all construction required under this Agreement in accordance with
the requirements of the City Code of Ordinances. Developer shall
provide a two (2) year maintenance bond to guarantee against
defects in workmanship and materials in the Systems to be
constructed by Developer. Said maintenance bonds shall be for a
sum of money at least equal t~ ten (10%) percent of the total
installed cost of the Systems.
3.5 Tests and Inspection. At such times as standard tests
or inspections are required during the construction, installation
and connection of the Off-site Facilities and On-site Facilities,
City shall have the right to require Developer to perform such
standard tests for pressure, exfiltration/infiltration, line and
grade and other normal engineering tests and inspections to
determine that the systems have been installed in accordance with
Engineering Plans and in accordance with the testing standards
established by the custom and usage of the trade and all
governmental authorities having jurisdiction thereon. City shall
be given adequate notice of such tests and inspections so as to
have a representative present. Developer shall, at its expense,
take all necessary actions to meet such standards.
3.6 Customer Installations. Developer, customer, other
qualified individual authorized by the subsequent owner of that
portion of the Property, or party other than the City shall be
responsible for connection of the Customer Installations with
City's Facilities at the Point of Delivery as set forth in
Section 4. Developer shall connect the Off-site Facilities
constructed by Developer at the nearest practical terminus (that
is of adequate size to serve the specific site) of City's
facilities and Developer agrees to inspection of all such
connections to insure that same meet industry standards and local
standards.
3.7 Non-Liabilitv of citv. Anv riohts of Citv to make
inspections or perform~tes~s shall not impose an obiiaation on
City itself to make inspections or tests of the On-site
Facilities, Off-site Facilities, connection of customer
installations or any other work performed by Developer.
Developer shall notify City a minimum of forty-eight (48) hours,
not including Saturdays, Sundays, and holidays, in advance of any
Test(s) to be performed. Any optional inspection made by City
shall neither constitute a guarantee on the part or City as to
materials, workmanship, compliance with applicable governmental
standards nor relieve Developer of responsibility for the proper
construction and installation in accordance with approved
Engineering Plans. .-
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3.8 City's Obligations. Subsequent to and conditioned upon
the performance of all inspections and tests, conveyance by
Developer, and acceptance by City, City shall provide water and
sewer service to the Property and maintain the Off-site
Facilities and the On-site Facilities or each Construction Phase
thereof, as applicable. Customer Installations shall be the
responsibility of Customer or its successors and assigns.
3.9 Indemnity. Developer sh~ll assign to City all
contractor warranties or maintenance bonds and the rights to
enforce same on the On-site Facilities and Off-site Facilities
constructed and installed by Developer. Developer hereby
warrants and guarantees for one year from the date of written
acceptance by City of the On-site and Off-site Facilities that
said facilities shall be free of defects in material and
workmanship, and shall function as designed.
Upon written demand by City, Developer shall correct all such
defective work or materials discovered within the Warranty
Period. In the event Developer fails to comply with the terms of
this Section, within a reasonable period of time City shall have
the right to repair or replace the defective work or materials
and Developer shall be liable to City for actual costs and
expenses incurred by City as a result of such repairs or
replacements.
Developer shall indemnify and hold City harmless from and
against any necessary repairs or replacements to work or
materials required due to any damage to City's Facilities caused
by Developer, or its agents, arising out of Developer's use,
occupation or development of the Property prior to conveyance of
facilities. Upon demand by City, Developer shall correct all
such damage to work or materials caused by Developer or its
agents. In the event Developer fails to comply, City shall have
the right to repair or replace damaged work or materials and
Developer shall be liable to City for actual costs and expenses
incurred by City as a result or such repairs or replace~ents.
SECTION 4
CUSTOMER INSTALLATIONS
4.1 Application for Service. Developer shall not connect
any Customer Installation to City Facilities until written
applica:ion has been made to the City in accordance with the
effective rules and regulations of City, and written approval of
suc~ connection has bee~ granted by City.
4.2 Procedure for Consumer Installations. Developer, or
anY,owner of any parcel of the Property, or any occupant of any
res:dence, building or u~it located thereon shall not have the
right to and shall not connect any consumer installation to the
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facilities of City until formal written application has been made
to City by the prospective user of service, or either of them, in
accordance with the then effective rules and regulations of City
and approval for such connection has been granted following
payment of all Service Availability Charges, Contributions, Meter
Fees, or other charges.
Although the responsibility for connecting t~e consumer
installation to the meter or lines of City at the point of
delivery is that of the Developer or entity other than City, with
reference to such connections, the parties agree as follows:
4.2.1 Application for the installation of water meters
shall be made forty-eight (48) hours in advance, not including
Saturdays, Sundays, and holidays. All meters and appurtenances
shall be set by the City and become and remain the property of
the City.
4.2.2 All consumer installation connections must be
inspected by City before backfilling and covering of any pipes,
which pipes must be approved by City.
4.2.3 All connections shall remain open and shall not
be backfilled until inspected by City and until City notifies
Developer of its approval of such connection, unless the right to
make the inspection is waived by City. Written notice to City
requesting an inspection of a connection may be given by the
Developer or his contractor, and the inspection will be made
within twenty-four (24) hours, not including Saturdays, Sundays
and holidays. If City fails to inspect the connection within
forty-eight (48) hours, not including Saturdays, Sundays and
holidays, after such inspection is requested in writing by
Developer or the owner of any parcel, Developer or the owner may
backfill or cover the connection without City's approval and City
must accept the connection as to any manner which could have been
oiscovered by such inspection.
4.2.4 The Customer if an Active Connection has been
made shall be responsible for the cost of constructing,
operating, repairing or maintaining Customer Installations.
4.2.5 The Customer if an Active Connection has been
m~de.s~all indemnify and hold City harmless from and against any
llablllty arising from or in connection with the construction of
the Customer Installations.
. 4.2.6 City may, consistent with the rules and
regulations of the United States Environmental Protection Agency,
require pretreatment as necessary to bring all discharges or
contributions to City Facilities into compliance with the
pretreatment provisions of the City Code of Ordinance.
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4.2.7 If a kitchen for non-residential use, cafeteria,
restaurant or other food preparation or dining facility is
constructed within the Property, the City shall have the right to
require that a grease trap be constructed, installed and
connected so that all wastewaters from any grease producing
equipment within such facility, including floor drains in food
preparation areas, shall first enter the grease trap for
pretreatment before the wastewater is delivered to the lines of
the City. The size, materials and construction of such grease
trap is subject to the prior approval of the City.
No substance other than domestic wastewater will be placed
into the sewage system and delivered to the lines of the City.
No water from air conditioning, heat exchange systems, ice
machines, swimming pools, lawn or garden irrigation, or any form
of condensate water shall be disposed of through the lines of the
Sewer System of the City. Should any non-domestic wastes,
including, but not limited to, chemical solvents, grease, oils,
floor wax, paint or nutrients or other substances resulting in
biochemical oxygen demand loading of treatment facilities, be
delivered to the lines, the customer shall be responsible for
payment of the cost and expense required in correcting or
repairing any resulting damage.
Customer, its successors and assigns, hereby agrees to
properly maintain any greasetrap or similar device required by
the City and failure to properly maintain such facilities shall
be grounds for the City, without notice, to either, (a)
discontinue service to the installation failing to maintain such
greasetrap or other facility; or, (b) maintain such facility on
its own and charge back to the owner or occupant of such premises
all of City's costs incurred in the maintenance of such
greasetrap or facility, including related soft costs such as
insurance, workers compensation, transportation, legal fees, and
so on. It is the specific intention of this section that parties
failing to install or properly maintain such sreasetrap or
related facility, thereby causing damage or potential damage to
City:s system, including pumps and related installations, be
requ~red to compensate City for the cost thereof, plus a premium
thereon.
SECTION 5
INSPECTION FEE
City maintains personnel or maintains a relationship with a
consulting Engineer for the purpose of inspecting or testing the
On-site Facilities, Off-site Facilities, Customer Installations
and any other connections. Developer shall pav inspection or
testing fees as provided for in the City Code of Ordinances.
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SECTION 6
TRANSFERS AND CONVEYANCES
6.1 Transfer of Title. Following completion of
construction of the On-site Facilities and the Off-site
Facilities, Developer shall convey to City title to all component
parts of such facilities ("Conveyance"). Such Conveyance shall
be deemed consummated upon the delivery to and written acceptance
by City of all required conveyance instruments and related
materials following Acceptance. As further evidence of said
Conveyance of title to the On-site Facilities and the Off-site
Facilities, and prior to City's obligation to render water or
sewer service pursuant to this Agreement, Developer shall convey
to City:
(a) The complete On-site Facilities and Off-site Facilities
as constructed by Developer and inspected by City, by bill of
sale, in a form satisfactory to City's counsel;
(b) All appropriate easements or rights-of-way required by
City for ingress, egress, repair, maintenance and removal of the
On-site site Facilities and the Off-site Facilities installed on
the Property as set forth in Section 7. The easements shall
allow for any projected expansion of such Facilities; and,
(c) Easement or fee simple title by warranty deed at
Developer's option to the Property on which lift stations and
pumping stations are located on the Property.
6.2 All conveyances of title from Developer to City shall
be by recordable documents in a form satisfactory to Ci~y.
~ 6.3 All conveyances shall be accompanied by a statement
=rom Develope~ that title is free and clea~ of any lien for
services, labor or materials furnished for the On-site Facilities
and the Off-site Facilities together with breakdown of actual
cost of said facilities.
. 6.4 Developer's failure to provide recordable conveyance
~nstrumen:s shall be cause for Citv to refuse to render water or
sewer service until provisions for-such convevance instruments
and related materials have been satisfied. Developer shall pay
for all recording fees and for all documentary stamps required
pursuant to this Agreement including, but not limited to, this
Section and Section 7.
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SECTION 7
EASEMENTS
7.1 Grant and Easements. All On-site Facilities and Off-
site Facilities, except Customer Installations, shall be covered
by easements or rights-of-way if not located within platted or
dedicated roads or rights-of-way.
7.2 Exclusive Right. Developer hereby grants City, its
successors or assigns, subject to the terms of this Agreement,
the exclusive right and privilege to construct and to own,
maintain and operate the Water Transmission System and Sewage
collection/Treatment/Disposal Systems necessary in order for City
to provide water or sewer service to the Property; and the
exclusive right or privilege to construct and to own, maintain,
repair and operate said systems in, under, upon, over and across
the present and future streets, roads, terraces, alleys,
easements, reserved utility strips and utility sites, and any
public place provided for or dedicated to public use in the plat
or record, or otherwise provided for in any easement, agreement,
dedication, or grant which is independent of said plat of
record. The rights granted in this Section shall be conditioned
on City continuing to provide water and sewer service to
Customers connecting to City facilities.
7.3 Rights of InqresS and Eqress. The foregoing grants
include the necessary right of ingress and egress to any part of
the Property upon which City's Facilities are constructed,
installed, operated or maintained. The grants shall be for such
period of time as City requires such rights, privileges or
easements in conjunction with the construction, installation,
ownership, maintenance, operation, repair or expansion of the
Water Transmission System and Sewage
Collection/Treatment/Disposal Systems.
7.4 Wells or Lift Stations. The foregoing grants include
all easements necessarv for the operation and maintenance or the
wells or lift stations~shown on the approved Engineering Plans.
m" ~ .
~ne roregolng easements shall be subject to approval by all
ap~licable governmental agencies having supervisio~, regulation
ana control of such facilities includinc, but not limited to, the
St. Johns River Water Management District, which approvals shall
be obtained at Developer's cost.
The parties agree that the duties and obligations set forth
in this Agreement shall constitute a covenant runnine wi~h the
land. Developer shall disclose bv plattino or o~her~appropriate
methods, to subsequent owners or occupants~of any portion Of the
Property the restrictions, duties and obligations set forth in
this and other sections in the Aereement, anc all assignees,
successors, subsequent owners or~occupants shall, upon taking
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" ~:,:? r;ndi tiCin of such owner ship or occupancy.
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Errors in Line Locations. Should Developer install any
. _' ~~ I 5 "Faclli ties outside an easement area ("Erroneous
.:{ ':: ;iation") i Ci ty shall not be required. to move or relocate
~';:cilities lying outside a dedicated .easement area or' .
\ ~ .::1t area conveyed by express grant, so long as the
~~lities do not interfere with the exis~ing or proposed use of
.~ z~aa, as represent~d by peveloper and 50. long as Developer
<,,;:;5 or grants a pr~vate easement. for such Erroneous .
:---::llation .on behalf of City :if same .is within Developer's'
.e:;;,able ability. or power to do so. .If Developer cannot obtain
.~ ~~~[1t a private easement for such E~roneous Installati~n~
:~~~loaer shall move or relocate such Erroneous Installat~on at
~;;~~oper I s expense and subj.ect to the' requirements of Section 4,
:-;.5a~.:l 6 hereof. The obligation of Developer. as provided for
':'~:~:n shall terminate five (5) years '~romthe date of
","'llation of such facilities..
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<:ii~~~:,~ ~h~ mm~E: sg~~~:!~!hF:~~:~~;:m~ ~~ ;~~~~~~~t upon by
i<~.~;c',;::;"~~~:e~;~~~s oE service within the ?roperty as contained in
I. ;."".
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> :::}: 7.6 utilization of Easement Grants. City agrees that all
'~:~we::ef\t grants will be utilized in . accordance witn' the generally.
;~?ted practices' of the water and.sewer industry. In granting
fir! e2.sement,. Developer shall retain the right to grant exclusive
.7~ ~on-exclusiv~ rights, privileges and. easements tq other.
{~~,sons or entities to provide any utility services other than
:1~ter and sewer service .to the ~roperty, 50' long as. such rights,.
:{;ri7ileges and easements do no"t interfere with the easement. .
., },~~~ht5 granted to City. . . .'
<"',....c... ;....'
i;" :~'.#::c 7.7 D~fects in Easement. Grants.' For a period' of five (5)
'ii~:s from the date or conveyance of any easement rights,. in the
~~t Developer fails to. comply with. .the terms and conditions of
~ easement or a portion thereof or 'any such easement contains a
._.tle defect rendering easement unsuitable for its' 'intended
.~1Xlse (collectively referred to as. "Easement Defects"'),
,:~ e~oger shall take necessary action for t~~ correction o~ any
~~~_. eJlent Defect. In the event Deve.loper fa~ls to comply w~ th the
~?~nts of this Paragraph, City shall ha've the right .to take all
;?~essary action and incur all costs and. expenses arising from
u,~o~rection of such Easement Defects. Developer shall be
~:;~/o City for actual costs and expenses incurred by City
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SECTION 8
ASSURANCE OF TITLE TO PROPERTY
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8 2 Mortgagees, if any, holding prlor
~,'r'e~ ty r s~all be. r~qu~ red t.o release suc~ li~ns, subordinate
!.;r ( po~itlon. or )Oln In. the gr~nt or dedlc~t~on of the .
~~:~ents or rlghts-of-way, or glve to the Clty assura~ces by way
~)- "nondisturbance agreement" that in the event of foreclosure,
~ ~gagee would continue to recognize the'eas~ment rights of the
'-:~.~ as long as the City comolies with the. terms of this
Ctl' - .
,;>.:>ment.
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. SECTION 9
SERVICE AVAILABILITY CHARGE, GUARANTEED
REVENUES AND OTHER. CHARGES
Unless otherwise provided for in this Agreement, in addition
'J the cont~ibution of the On-site Facilities and the dff~site
i ~cilities, and to induce City to pr6vide water.and sewer service
:~ the property an~ to reserve.~dequate .Plant Capacity, Developer
~c2es to pay to the City Service Avail~bility cha~gei, monthly
~ ~a~anteed revenue charges and such further con~ributions or
~~ges as set forth in the City's Code of Ordinances.
. ?ayment of the authorized charges by Developer shall.not .
result in City waiving any of. its rates, contributions, charges
6: rules and regulations ~et'~orth in City's Code of Ordinances,
"2.5 ':Jay be amended .E:rom to time, as approved by the Ci ty
j .Ccc:rrissiori.
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r ~. Developer, its succes~ors 'and assigns, shall not have.any
present o.r future right, title, claim or. interest in any
~ ,~otributions or other charges paid by 'Developer or cus~omer
. ,~e of City's Facilities.
for
f 0 Any user or Customer of water or sewer service shall not be
~~ti~led to offset any ~ill(s) ~endered. by City' for such
j~:Vlce(s') against contributions or other charges paid by
"';1~veloper or such Customer . Additionally, Developer shall not be
;~ l~~t~tled to offset contributions or other charges-against any
1,'1". ( s) ag a ins t Ci ty ~I SPOSIST::NI:F l:ACITY
. .f:;,: 10.1 The consent of Ci ty shall not be required in connection
..3::'~ the sale, lease or other conveyance of any completed .
'~I~Sldential structure or imorovement or commercial stnicture or
: ~~?rovement to any oarty wh; will be the user of the structure .oi
_ ~~?rovements to be ~onstructed thereon including, but not limited
.-; ., 2 purchaser, lessee, resident or other occupant.
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The rights and obligations set forth in this Agreement shall
be binding upon Developer and City. Each party may assign their
rights, duties or obligations by merger, consolidation,
conveyance, or otherwise, subject to the terms of this
Agreement. Any such assignment or transfer of rights or duties
under this Agreement by Developer shall be conditioned upon
Developer providing to the City 30 days written notice of
assignment which notice shall include the following:
(a) Name, address, telephone number and contact person of
Assignee.
.
(b) Legal description of property owned by Assignee to
which service is requested.
(c) Quantity of water and sewer capacity assigned.
(d) A statement signed by the Assignee that he has been
provided an opportunity to review this Agreement and assumes all
of Developer's duties and obligations hereunder.
Assignees or successors take only those rights or obligations
which pertain to the lots or parcels owned or occupied by
assignees or successors.
10.2 Any assignee or transferee shall assume all duties and
obligations of Developer under this Agreement. Failure of
Developer, or any assignee or transferee including, but not
limited to, an affiliated entity, to fully utilize the Plant
Capacity reserved by City for Developer within nine (9) years
from the date of this Agreement shall result in the release by
Developer of such reserved Plant Capacity and all obligations of
City to Developer with respect thereto shall be null and void.
However, Developer may request in writing an extension of this
time period and City may grant the extension under reasonable
terms and conditions.
SECTION 11
GOVERNMENT APPROVALS
,The parties recognize that approval may be required from
varlOUS federal, state and local governmental authorities having
regulatory jurisdiction over the construction, maintenance and
operation of the water or sewer facilities, before Citv can
render water and sewer service to the Property. City's
obligation to perform shall be conditioned upon Developer
obtaining required approvals from applicable governmental
au~horities. Developer will, at its expense, make the necessary
ana proper applications to all governmental authorities, and will
use its best efforts to obtain such approvals.
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SECTION 12
OWNERSHIP OF FACILITIES
City's facilities used or useful in connection with providing
water or sewer service to the Property (including fire service),
shall remain in the sole, complete and exclusive ownership of
City, its successors and assigns. Any person or unit or other
structure or improvement constructed or located thereon, shall
not have any right, title, claim or interest in such facilities,
for any purpose, including the furnishing of water or sewer
services to other persons or entities located within or beyond
the boundaries of the Property.
SECTION 13
COVENANT NOT TO PROVIDE UTILITY SERVICE
As long as City provides Service in accordance with the terms
and conditions of this Agreement, Developer shall not provide
potable water or sewer or reuse effluent services to the
Property, including, but not limited to, irrigation through
surface water use or well(s), during the period of time that
City, its successors and assignees, provide water or sewer
services to the Property, unless Developer first secures in
writing from City the right to provide such services. In the
event City is affected by action of any governmental entity
having jurisdiction over its operation in a manner which limits
its ability to provide water service in quantities sufficient to
meet the demands of the Property as set forth herein, or should
City in its sole discretion determine such limitations are
necessary, City may restrict or discontinue the provision of
water for irrigation or other nonessential purposes and Developer
and any subsequent owners and occupants of any portion of the
Property shall restrict water use in a manner consistent with
this provision. As aforesaid, City may, in its sole discretion,
consent in writina to waive this restriction uoon written
application by De;elooer or subseauent owner or occuoant of the
Property as the restrlcLion perLains LO all or any p~rtion of the
Property.
Notwithstanding the foregoing provision to the contrary,
Developer shall have the riaht to obtain potable water service
from the City of Oviedo, Fl;rida, for the following described
property:
Trac: A, B, and C, Tuscawil1a Plaza as recorded in plat
Book 35, Page 98, of the Public Records 0: Seminole
Coun~y, Florida.
The provisions in this Section, like the ent rety of this
Agreement, shall constitute a covenant runnlng w th :he land and
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shall be binding upon Developer, and any assignees, successors,
subsequent owners or occupants upon taking title to any portion
of the property. Whether or not this Agreement, or a memorandum
of it, is recorded, Developer agrees to disclose these provisions
to such parties. This Agreement may be recorded by either party
in the public records of Seminole County, Florida.
SECTION 14
RATES AND CHARGES
Rates, contributions and other charges to Developer (other
than as specifically set forth in this Agreement) or individual
consumers of water or sewer service shall be those set forth in
the City Code of Ordinances as approved by the City Commission.
Developer agrees to comply with the terms and conditions of
City's approved Code of Ordinances subject to any modifications
by the City Commission.
SECTION 15
NOTICES
Until further written notice by either party, all notices
provided for herein shall be in writing and transmitted by
messenger, by certified mail or by telegram, and shall be
addressed as follows:
To the City:
CITY OF WINTER SPRINGS
c/o Mr. Richard Rozansky, City Manager
1126 East S. R. 434
winter Springs, FL 32708
with a Copy to:
PARKER, JOHNSON, OWEN, McGUIRE
MISF~UD, LANG & KRUPPENBACEER
Post Office Box 2867
Orlando, Florida 32801
Attn: Frank Kruppenbacher, Esquire
~~th a Courtesy Copy to:
ROSE, SUNDSTROM & BENTLEY
Post Office Box 1567
Tallahassee, Florida 32302
A~tn: William E. Suncstrom, P. ~., Esquire
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.
To the Developer:
WINTER SPRINGS DEVELOPMENT JOINT
c/o Gulfstream Housing Corp.
900 North Maitland Avenue
Maitland, Florida 32751
Attn: J. Larry Rutherford
VENTURE
c/o Horne Capital Corporation
1060 Maitland Center Commons
#301
Maitland, Florida 32751
Attn: Louis vogt
With a Courtesy Copy to:
BROAD & CASSEL
Maitland Center
1051 Winder ley Place
Maitland, Florida 32751
Attn: C. Ken Bishop, Esquire
HOME CAPITAL CORPORATION
Legal Department
625 Broadway, 7th Floor
San Diego, California 92101
All notices provided for herein shall be deemed to have been
duly given upon the delivery thereof by hand to the appropriate
address as evidenced by a signed receipt for same, or by the
receipt of certified, return receipt, mail, or by courier service
receipt therefor, evidencing delivery of such notice.
In the event either party determines that the other is in
default under this Agreement, the non-defaulting party shall
provide written notice which sets forth with specificity the
alleged breach. Thereafter, the defaulting party shall thirty
(30) days within which to cure the default and provide written
notice to the non-defaulting party that such default has been
cured, or that, the defaulting party has taken actions to cure
such default and setting forth the anticipated date on which the
default shall have been cured. The cure provisions set forth in
this section shall be a prerequisite to any action for default of
this Agreement.
SECTION 16
FORCE MAJEURE
16.1 Force Majeure. Acts of God such as storms,
ea~thquakes, land subsidence, strikes, lockouts or other
industrial disturbances, acts of oublic enemv, wars, blockades,
riot~, acts of armed forces, delays by carriers, inability to
obtaln materials or rights-of-way, acts of public authority,
regulatory agencies, or courts, or any other cause, whether the
same kind is enumerated herein, not within the control of the
City or Developer, and which by the exercise of due diligence,
the City or Developer is unable to overcome, which prevents the
performance of all or any specific part of this Agreement, shall
excuse performance of said part of this Agreement until such
force majeure is abated or overcome.
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16.2 Moratorium. In the event the City declares a building
moratorium at any time during the term of this Agreement, certain
of Developer's obligations shall be tolled for the period of the
moratorium including:
(a) the Draw Date for payment of Guaranteed Revenue
for the Group 1 ERC's;
(b) the four (4) year period during which Developer
shall pay Guaranteed Revenue on Unused Group 1 ERC's.
The tolling provisions called for in this section shall
be triggered by the Developer's inability to obtain a
building permit, certificate of occupancy, or other
~ construction approval for any reason other than a ~ty
~ building moratorium.~t::ln,,,,:j;Rr; ~11t- ~'Q'1: JiviL_s 'e~,
tn ~~ c?ncurrency requirements, or delays in construc~ion of an-
I_ Slte of Off-Site Facilities with~p the Property. /1
11taf is $aiJ foL(;nfj pf'Ovisio"1S /AX)uld not ~ fT-i88Q.:ed by ma1Tef':S'
J SECTION 17
not
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RIGHT OF REFUSAL
In the event Developer fails to make timely payment of
Guaranteed Revenue Charges, City may, after providing Developer
ten (10) days' prior written notice and opportunity to pay,
enforce its rights as set forth herein.
In the event Developer fails to make payment of other
contributions, rates or charges when due or otherwise fails to
comply with the terms and provisions of this Agreement and the
Code of Ordinances, City may either refuse to allow any further
connection to City's Facilities or may pursue any other remedy
available at law or in equity.
The exercise of the rights of City provided in this Section
shall be subject to the orders, rules and regulations of the
various governmental authorities having jurisdiction over the
subject matter hereof.
SECTION 18
SURVIVAL OF COVENANTS
The rights, privileges, obligations and covenants of
Developer and City shall survive the completion of the work of
?eveloper with respect to completing any construction or
lnstallation as provided for under the terms of this Agreement.
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SECTION 19
TERM OF THIS AGREEMENT
Unless sooner terminated or completed, the initial term of
this Agreement shall be nine (9) years. After the initial term
of 9 years from the date of the execution of this Agreement, the
terms of this Agreement may be renewed for terms of five (5)
years each, subject to prior approval of each party.
SECTION 20
MISCELLANEOUS PROVISIONS
20.1 This Agreement supersedes all previous agreements or
representations, either verbal or written, heretofore in effect
between Developer or its predecessors in title to the Property
and City, including, but not limited to, that Developer Agreement
dated December 31, 1986, by and between Winter Springs
Development corporation, Gulfstream Housing Corp., and Seminole
Utility Co. Developer shall provide evidence satisfactory to
Service Company of Winter Springs Development Corporation and
Gulfstream HOusing Corporation's acknowledgment of, and agreement
to, provisions in this Section. This Agreement when duly
executed, constitutes the entire agreement between Developer and
City. No additions, alterations or variations of the terms of
this Agreement shall be valid, nor can provisions of this
Agreement be waived by either party, unless such additions,
alterations, variations or waivers are in writing and duly signed
by each party.
20.2 This Asreement shall be governed by the laws of the
State of Florida and shall be effective immediately upon
execution by both parties.
20.3 The captions and paragraph headings used throughout
this Agreement are for convenience and reference only and in no
way define, describe, extend or limit the scope or intent of any
provisions of this Agreemen~.
20.4 If either party to this Agreement is required to
enforce this Agreement by court proceedings, arbitration, or some
other formal action, the prevailing party shall be entitled to
recover from the other party all costs incurred including
reasonable attorney fees and costs.
20.5 Developer represents and warrants to the City that it
is a Florida general partnership, duly organized and in good
standing under the laws of the State of Florida, and has the
po~er and authority to enter into and perform this Agreement.
ThlS Agreement and documents recruired to be delivered hereunder,
will constitute valid and binding obligations on Developer and in
24
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accordance with their terms. The mr~ing of this Agreement does
not violate the provisions of any law, court order, result in a
breach of or constitute an event of default under the terms of
any other contractual agreement to which developer is a party or
otherwise bound. There are no actions, suits or proceedings
pending or threatened against the Developer which, if adversely
resolved, would affect the enforceability of this Agreement in
accordance with its terms.
20.6 If any provision of this Agreement or the application
of any such provision to any person, entity or circumstance,
shall be held invalid by a cou~t of competent jurisdiction, the
remainder of this Agreement or the application of such provision
or other portions of such provision to such person or
circumstance other than those as to which it is held invalid,
shall not be effected.
20.7 It is agreed by and between parties hereto that all
words, terms and conditions contained herein are to be read in
concert, each with the other, in that a provision contained under
one heading may be considered equally applicable under another in
the interpretation of this Agreement.
20.8 The parties agree that nothing 1n this Agreement 1S
intended to, and shall not establish, limit, authorize, or
otherwise set development or occupancy limits within the
Tuscawilla Planned Unit Development.
IN WITNESS WHEREOF, Developer and City have executed or have
caused this Agreement, with the named Exhibits attached, to be
duly executed in several counterparts, each of which counterparts
shall be considered an original executed copy of this Agreement.
WITNESS
WINTER SPRINGS DEVELOPMENT
JOINT VENTURE, a Florida
general partnership
-J 11 :Jk~rJ ) c1wJ1&[ 6
1 (}::I:Y b-
By:
Philip A. irdsong,
Senior Vice President
Dated:
25
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8738002DEV
4/19/90.10
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j r
n
V1?
$~
was acknow1edged~~ore IDe:L . . ~ .~
, 19~0, by ~L~~'1~ 3 ~
. , ~. ~h...,) U
j~ , on beha of said joint venture
~J ",CJ..J.~
NO~i
State of Florida At Large
. .
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=--~(~~
~~~
=--~!!~
HOME CAPITAL CORPORATION, a
California cor oration
By:
Lou~s E. Vogt
Vice p{e1J~nt
By: ()~ ~~
Che~ie Ganesh
ProJect Manager
Dated:
Attes
By:
CITY OF WINTER SPRINGS,
~.
City Manager ~~~
Dated: ~O?~ - 9D
fCHY
STATE OF FLORIDA
COUNTY OF $~lIN:1:E
O'Rcn~L
The foregoing in
this ~S~day of
as 5>.. \i:-....v.. V ~
a _~~rL......_
(SEAL)
My Commission Expires:
t~:;,~t:i-' rah:i~1 St~~.~ cJ F:c;r;d~
My CommiS~;;):i b:pire~ Scp~. !Z, 1990
ftonded lhru ,'Oy ftuli - insur.lnce Inc,
26
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8738002DEV
4/19/90.5
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.
STATE OF FLORIDA
COUNTY OF SEMINOLE
The foregoing instrument was acknowledged before me
this day of ' 1990, by , as
Mayor-or-the City of winter Springs, a Florida municipal
corporation, on behalf of the CitY~
Notary Puolic
State of Florida At Large
(SEAL)
My Commission Expires:
ACKNOWLEDGMENT
The undersigned GULFSTREAM HOUSING CORP. hereby joins in and
consents to the terms and conditions of this Agreement.
By:
Attest:
27
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STATE OF FLORIDA
COUNTY OF ORANGE
I HEREBY CERTIFY that on this day personally
appeared before me, an officer duly authorized to
administer oaths and take acknowledgments, LOUIS E.
VOGT, as Vice President of HOME CAPITAL CORP., a
California corporation, which corporation is a General
Partner of WINTER SPRINGS DEVELOPMENT JOINT VENTURE, a
Florida general partnership, to me well known to be the
person described in and who executed the foregoing
instrument and he acknowledged before me that he
executed the same for the purposes therein expressed,
on behalf of said partnership.
WITNESS my hand and offi;~eal in ~:p~nty
and State last aforesaid, this day of ,
1990.
{ a.~~
Notary Pub c
My Commi ion Expires:
NOTARY PU,"LIC. STATE OF FLORIDA.
I,IY cor,IMISSiON I::Xrl~::::S: MAY 31, 1993.
BONDED THRU NOTA:lY PUCLIC UNC.r..;RWRITCRS.
STATE OF FLORIDA
COUNTY OF ORANGE
I HEREBY CERTIFY that on this day personally
appeared before me, an officer duly authorized to
administer oaths and take acknowledgments, CHERIE
GANESH, as Project Manager of HOME CAPITAL CORP., a
California corporation, which corporation is a General
Partner of WINTER SPRINGS DEVELOPMENT JOINT VENTURE, a
Florida general partnership, to me well YillOWn to be the
person described in and who executed the foregoing
instrument and she acknowledged before me that she
executed 'the same for the purposes therein expressed,
on behalf of said partnership.
WITNESS my hand and offi~eal in ~e 'C1nty
and State last aforesaid, this day of r f) ,
1990.
~k{ CV~
Notary Puw/ic
My Comm~~ion Expires:
L/
~~oTt.nY rur;uc. c.,:,~r:: or r.L~R!!:\," ,
~:;~~~~:';';:~'3 ~S; E," ,:.~::~ ;;'~'"L :,,~.: F.'L~~;'?'
.
EXHIBIT "A"
(Property Description)
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'IUSCAYITLI.A PAR:EL 90
Co,minei'-ce"t ',the" Sou theist corner' of G ARDEN A FARMS ",', rc cord cd . in )' \ 0. t " '
,Bl'p'-k '.6;7 ~gesi:i"" and 24 of the Public Records ,of S eminole:C 01; Ii t)'; F\ o:i.d"; ,
r.u_~..:JY:, 05t9?:5p., E, i1o~phe ,Easterly line, of said GARDENA' FARMS:.r or." ."
d is mnce'i'or "'7155 .06;' feet : to':, the;" North lirie', of . Flori d. , power' Corp or" ti 0 n' '
E:;;;erii6~-((!OiOo) ;~(<wid~ ),as', recorded, in Deeil, Boo\: 193: Page 276 'of' ..
"th c:.':'P"ii bl! e; !fecoros,: or'..is emin 01<) Coin; t):' , F1 ori ci.;' thence ru n N 8 5 ~ 1 0 '12" Vi .
'~ong:Saici)lohli:.lin~'for-a oi5b;"ce'dL2.515,09 feet 'to 'the Poinuf" " "
'Eo ';g inn! ug;-: sai d: poi n t":being: OI( th c' Sou tli wes terl)' li n cor. 0' Flori do. power '"
, ,;;;, d,":Li ghi: 'Co I'!) ~ "n,li.' Eascm'c~ t" (110,00' , fee t wi a e)' as ree ora;a i ri 0 fii e i 0.1
RcCorai'~;B'6D~:', 183,<Page: -13'0: o(:'the Public 'R~ords of Seminole' County I
:]01 on 0.0:;. then co'.': r;;j;', N 3505'4 ':23:' E 'jot ,; , iiis tince ' of ,II 0,000) ee t 'to a, po io \
;'6n.::'th~';:Northe~sterly 'lin~";:DLs:i5d."Florida. power and 'Ught' Company .
,E~s em'cn t; ih en c,;-'ruD':,: 1'<:5 4 0 05'3 T W, .10 n gs.i cl North c:.aster 1 Y line , n cl
th e' S ournerl ,,;- ,line' of TIJ S CA WILLA, U1'-'1T 8as recorded in PI,t, B 0 oj: ' 23 ,
". ' ". .
'~2g es ,25,. ilirou gh: 28 :of tho Pu bli c Rccoroi: of' Seminole Coun ry. Flori GO for 0
'd;stance, 'of,1083, 48 'fee("to ',th e' ; Easterly Right .of. W.)' lin;; of Tus...... wil)O.
G:.b:ie1b:..: .Road;.. th~n::;e' run : S 23 OJ 0'00" 'V-tf. alon!" s4l.id E~st~r)'V Righl-of-
, . " ... ,. .." ~ .
.w2.y:'lin::', for a CiS:2...'"1::;e of l1S3.01 feet; tnen::;e.run S 85010'l'2"E 4l.)0:;; :.:.
1;...... ......, I . 5 6~' "),... .' N' ,. r' .. . - . . ' . ·
..,,~_ ~u....' 1 . .L...._O Ie~t . o:-tn '0. z.na p:J..7':J..lkl.w1tr, tne Norm llnc o.
TLJSC..t... 'V-trrLLA t.JNI7 6 '2.5 r....:orcie.d in ';)1.,t Boa}" "lj '0"'>""5 ':'i :"""lD 33 0: t.h:.
.,... .' . .: .. ,...._ ' .... . -., . ... c - . - - .
:--:-l.1t?h:: ~...e~orc.s 0:, S~!711nolc Count"\' ?lo:-id:::. for Co diS~2..n::c 0: :288.57 :e.e:~
,t~~~c6 :'r.m No=:,"~ along th~ ~West l;~ of said TUSCJ..VlILLA. U1'-:ll 6 for :::.
dis~z.nce' .of .369.79, feet. to" the ,Nonhwest co:ner th~reo:~ thence run
ND~ ~31'03~ w' for';c' diS,OIl'CC of 100.62 bet to the Point of Beginning,
I\aj~
EXHH3fT
Page ~ d ~Pa~e(5)
-' . .-..' ~
- ~"." .
. ........ . ~ ~.. ,
~~~.: ......~....
.~ .' . .'
-....-..... .'~
.......~........._.~. .
e- --.
. :-i-~ 61. I 7':~."'~
.....
.' .......
. ;
D::SC?:?::Ol~ :
7=c.C: ro,
?z.c;e SS
3 C.n~ C, 7~SC~~!LL~ ?L~:~' ~5
.:he ?c~liC :ecc=~s c~ Se~i~c~e
c:
EXHiBIT
Page ~
I' A"
of .J.9.-Pa~e(s)
.
Parcel 64
_. r>_ C C -. c. e'" ; "'" ~ ~ . - ..... 00')' '? ,--
l... ." . .c....., ._,;.
Cc....:;-.: y, :- ~ c: ice:. .
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Parcel 64
NCNB Parcel ~ess out
LEGAL DESCRIPTION
A portion of Tract "A", TUSCAWILLA PLAZA, as recorded in Plat
Book 35, Page 98 of the Puhlic Records of Seminole County,
Florida, being mo~e particularly described as follows:
Commence at the No:theast corner of said Tract "A"; thence run
the following courses along the Easterly and Southerly lines of
said Tract "A"; thence run S 00040'10" E for a distance of 291.~8
feet to a point on a curve concave Southeasterly having a radius
of 1197.54 feet and a chord bearing of S 32021'04" W; thence run
Southwesterly along the arc of said curve through a central angle
of 22051'43" for a distance of 477.84 feet to a point of reverse
curvature of a curve concave Northwesterly having a radius 0:
25.00 feet; thence run Southwesterly along the arc of said curve
through a central angle of 83018'00" for a distance of 36.35 feet
to the point of reverse curvature of a curve concave
Southwesterly having a radius of 437.19 feet; thence run
Northwesterly along the arc of said curve through a central angle
of 15001'12" for a distance of 114.61 feet to the point of
tangency; thence run S 89012'00" W for a distance of 177.45 feet
to the Point of Beginning.
Thence continue S 89012'00" W for a distance of 199.51 feet;
thence leaving the aforementioned Southerly line of Tract "P.";
run N 00009"7" W for a distance of 57.10 feet; thence run N
07046'35" W for a distance of 93.48 feet to the point of
curvature of a curve concave Southeasterly having a radius of
13.00 feet; thence run Northeasterly along the arc of said curve
throuoh a central anqle of 97036'48" for a distance of 22.15 feet
to th; point of :ang~ncy; thence run N 89050'13" E for a distance
of 191.50 feet to the point of curvature of a curve concave
Southwesterly having a-radiUS of 13.00 feet; thence run
southeasterly along the arc of said curve through a central angle
of 90000'00" for a distance of 20.'2 feet to the point of
tangency; thence run S 00009'47" E for a distance of 25.70 fee=;
thence run S 06048'04" W for a distance of 45.36 feet; thence run
5 00009'47" E ~o= a distance of 78.54 feet to the point of
Beginning.
EXHIBiT
Page 3
1/ A II
of .J:LPage(s)
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Parcel 64
Exxon Parcel less out
A po~tion of Tract "C", TUSCAW:LLA P~AZA, acco~6ing to :he plat
~he~eof recorded in Plat Book 35, PaQe 98, P~bl:c Recor6s 0:
Seminole Coun:y, :lo~ida (lying in Sec~ion 16, ~ownship 21 Sou~~,
Range 31 East, Seminole County, r:orida) bein~ oesc:ibed as
follows:
Comrnence a t the Sou theas t corne r 0: said Tr act "C" and ~un
N 00025'37" W along the Westerly rieht-of-way line of State
Road ~26 (100' right-of-way) for a distance 0: 164.23 feet to the
point of Curvature of a curve concave Southeaste~ly, having a
radi~s of 1197.54 feet and a chord bearing of N 01032'45" E;
ther.=e run Northerly along the a:e of said cu~ve and said right-
of-way line through a cent~al angle of 03056'~3" fo~ a 6istanc€
of 82.~7 feet to a point on said curve and the Point of
Beginning; thence leaving said right-of-way line run
N 89056'00" W for a distance of 165.00 fee:; thence run
N OOOO~'OO" E for a distance of 251.12 feet: thence :un
S 89056'00" E along the South right-of-way line of Winter S?r~ngs
Boulevard (120' right-ot-way) for a distance of 104.84 feet to
the Point of Curvature of a curve concave SoutherlY, havinc a
radi~s cf 317.19 feet and a chord bea:inc of S e30~2'42" E;
thence run Easterly along the arc of said curve and said South
right-ot-way line throuch a central ancle of 13026'36" for a
distance of 74.42 fee: to a Point 0: comnound c~:vature 0: a
curve concave SouthwesterlY, havine a ra~ius 0: 25.00 fee: and a
cho.d bea-ine o~ S 7o~o.l."2'O"~" ,:",. ";.,e-nce -"n So..-.....P::o<::..p~'v aione
.... .._..-' ~ .., -I ........ ..._.. ...........---.1....---... -.-'
t~e arc of said curve and said South rieht-cf-wav line :r.rouch a
central anele of 900:'7'20" for a dis:ance of :39.~0 fee: :0 a.
'D"';~'" c& _eo verse c"."a"'''~e 0& - c"-ve c~""'c~ve s"""'-;.,e::os"'e-i"
..__..... _.. .. '-"'_"" r..._~ .i. Co w.... ~... C. ........~_.......... '- __..Vf
hav:ng a radius of 1197.54 fee: and a chord bearing 0:
S 08039'31" W; thence r-':':i Sout~wes:e:::'v alone :.he arc of said
c~rve ;:.n c' ........e c-:oromp,,",-ionec' w~s"'e-"" :. ~""'-_':':_"c.-" "t:ne c:= S-::>"o
_.. looo...L _.. _.. _..,.... _ T1 t:" .... _ _ y ... loot.., "- "-" - w v - - .. - .... - ... ....
?,oac 4"6 .....,-au,..... - ""'p.,,...-:::i -noi e 0 :oe :, -0" :=~-' - c: s"-:ir--e o~
_". , .. ~ ~.._ ~". C ~_l..~_~_ c. ,_. O:J --- c. - ~c.. ~ -
L ~ ~7 . eo- -0 --e ~r--'-- o~ -eo'n- ""'~
.......... _...._... ........1. ........;_....... '_.::;:) "",_./.J~ ,,',,:,.
JIB 'I
EXHibiT
Page ~ of --19-Pc9S(S)
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DLSCR!P~]~N - PARC[~ OhO
F'ron. the center line int.er&ect.ion of \-Ilnt.er Sorings boulevard and Northern Way. as shown on the
plat of W~nter S~rings Unit. 4, recorded 1n Plat Book \B, Pagps 6. 7 and 6. PubllC kecords of
Sen.inole County. Florida; run N.03036'55"W. along the centerline of Nort.hern Way 175.76 feet;
thence N.Bc023'OS"I:. 40.00 feet. to a poi.nt on t.he Cast right-of-way line of Nort.hern W..y, Raio
pOlnt ueing t.he po~nt of curvature of a curve concave East.erlY and havino a radiu6 of 1693.55
feet; run thence Northerlv along said riaht-of-~av Ilne and alono t.he arc of said curve 30~.34
,,-,et throuoil '" central anole of 09021'3(;" to the point of beginn~ng; thence cont.inue Northerly
~lcnu toe arc of sald curve 453.33 feet throuah a central anqle of IJ'~3'Ol"; thenc~ run 5.70"
J2'l8"~. 151.81 feet; thence ~.26"l2'27"C. 2B~.35 feet to the South line of a 110 foot wlde
rlol-lda Po.....er ano Light Compnny ~:asen'Cnt; thence 1;.54 "OS' 37"W. along saio South line 166.00
f"et to said East right-of-way line of Northern Way; thence N.25"22'55"E. along said East right-
of-wny 11ne 12(;.74 feet to t.he point of curvature of a r.urve concav~ Southeasterly ano havino a
rudluS of 410.00 feet; run thence Nnrthea~terly along the arc of sale curve 430.83 feet through
o central an')le of 60012'23" to the point of reverse curvature of a cllrvp. concave North~lesterly
anO havlng a raoius of 298.47 feet; run thence Northeasterly l77.65 feet along the arc of saie
curve through a central angle of 34 "06' 09" to the Snuth line of 100 toot ,,:ide Florida Power
Cor~oratlOn Easement; thence S.B5"10'12"E. along said ~outh line 904.73 feet; thence 5.27"45'
05"1.:. 179.07 feet to the Northerly right-of-way line of \-hnter Sorings boulevard. said right-
of-way lint: bCl.ng on a curve concave Southeasterly ane hav~ng a radius of 1215.1B feet; thence
froni d tungcnc uea::ino of S.62"14'55"~. run Southwesterly alone said right-of-way line and along
Lht: arc of sale cl1rve 737.53 feet througb a central angl" of 3<"46'29" to the point. of tanoency;
~hcnce S.27"2U'26"W. 261.56 feet to the potnt of curvature of a curve concave Northwest.erly and
h~vlng 0 rdolus of 1085.92 feet; run thence Southwesterlv alonG the arc of said curve 9B8.49
feet; thcnc~N.IO"22'19"W. 50.00 feet to the beginnlng oi a curve concave Northwesterly and
ha~l.n9 a raol.US of l035.92 feet; thence from a tangent bearine of N.79"37'46"E. run Northeasterly
~lona the arc of said curve 170.78 feet throueh a central anoie of 09"2(;'44"; thence N.19"4B'
5lJ"W. 315.30 feet; thence: 1..89"32'3l"W. 419.75 feet to thp. POlnt Of I.leginning, containlnq therein
J::.997!J~ acrc::s.
. , ,~' ,,:- ~ _ r
.') .= ' i ,. :' ,
'.'.5,'./;';;'.'.:.,.-'. h'.5-f"~C:; ,.::;S'::; /~/ 0.:':;'. 300.c.' /705 ::>"QvE ;744, ;::'(./.!3L/(' R~{OR'::;5
(~~= CjU"'.~", ,-~O('lD"Q, /50.1'': /i/l''c> .,...,C Sri/VIE /15 ;rr,'c ~SOt'c ":;'::SC'P/ScD
~/t' "';.I,'-.;.!__
..~
/.
EX' "~'f'~
. ,,!-j~t.;! I D
Page
"All
0; IQ D-,..,f'(~)
1.-0--. C':. ..."~
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P~ 1 - DE:S-""lUPI'ICN:
Fran t:.~ ce.nt.e=li..'1e cf inte::-secticn 0: r;in~ Sp::-in:;s B:Juleva::-= and
Nor--..hern \~ay, as sho...'l1 in pla,,; c: v;:i.."1t.e.:" Sp::-ings unit Fou:- as reco::-ded
Plat Book 18, Pages 6, 7 a'1e S, Public RecorC.s c: Se..r.i.nole Co\m':y,
Florida; run 1\.86023'05";:. aloog the ce."1te=line 0: rh..."1ter S?::-ings
Boulevard 282.e5 feet; thence 1\.03036'55"\>:. 60.00 feet to the p:>i.nt 0:
beginning 0.'1 the Ncr--J1 ric;ht-o:-way line of r~inter Springs Bouleva=e
(120' RIW); thence run S.86023'05"K. along saie Nor""J1 right-cf-v;ay
line 217.85 feet to t.l)e p:Jint 0: cu."\1atu:-e of a cu.........re ccnc:ave Ncr""..r.-
easte.=ly, ane having a radius 0: 25.00 feet; the.'ice run N::---..hwest.erly
alonc the arc of said curve 39.27 feet thI'Ouoh a central a'1loe 0: 900
00 '00" to the p:Jint 0: tangen~' on the East right-of-....'3)' lin~ cf l'br""..h-
e-.-n v;ay (80' R/l'il; thence run N.03036'55"\.\', along saie East rig:;t-of-
\o.'aY li.'1e 90.78 feet to the point of cu..........,-ature 0: a C'..l........re concave
Easterly a'1d b.a\'ing a ra::.ius of 1893.55 feet; the.'lce r-..m NC:-':"'1e=ly
aleno the arc of saie cu...-ve 8~. 25 feet tJrrouoh a central a'101e 0: 02"
32' 57" to a oemt; -:''1e..''ice leavinc said East ric;~t-of-wav l~e, r'..:=l
N. 86023' 05 "E.. 270.83 feet U) ther oo~t cf cu...-v~tt:=e 0: ~ C\..L""Ve CC:1cave
Sout.7weste::-ly, a'1c r.L2.ving a radiUS c: 27. 63 fee~; the."'lce r'..m 50--.:-:.':-
easterly aloog ";he a=c 0: said C..L--ve 40. ~4 feet t.n....-ou:;h a D2.."itral
a.'icle 0: E3014'41" U) -:.'r1e ooi."it cf ta"iO€.'l:;"\'; t..'1ence run 5.10"22'14";:.
173.85 feet to a poL"1t on ~'1e aforesaid NO~~ ::-isht-cf-....cy 1i."ie 0:
\.\'i.'1t.er S?=:L"igs Eoule\7""'~::', sa.i::. ?Oill~ bei.'ig on a c..:....--ve CO:1::::ave l~o.. ;;h-
e=ly, and hav.i.rlg a rac.ius 0: 1025.92 :eet; -:.i)e."102 frcrr, c: t.a.....ge::t
beari.'I')S' 0: S. 82016 I 07"y.;., :::url Wasterly a100g t:,'1E: c=c 0: sc...ic C..L""Ve
a.'iC alo:.o saic No~"-)e=l v ri-..:.,,;-c:-\o.cv 1i1'1.e 78.01 feet -:."'.--ou::-h a
D2.."1tral .i."1;le 0: O~ 006' 58" to "u'1e ?Din,: 0: besi..."1.'l..ins, CO:1-?' ~ ""..l..."1S'
1. 4112:: ac=es.
"8 "
E'! J .:t r::-
/',:-.~:...si I
PClge ~ of -B-Page(:.)
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111
DE5CRJPTJO~ or PARCEL 2
From the centerline of intersection of "-'inter Springs Boule-
vard and Northern Way as shown in plat of WJ~lER SPRINGS U~11
FOUR, as recorded in Plat Book lB, Pages 6, 7 l. 8, Public re-
cords of Seminole County. Florida, run N.8c"23'05"E. along the
centerline of \..';nter Springs Boulevard 262.85 feet; thence
N.03"36'55"W. 60.00 feet to a point on the North right of way
line of said Winter Springs Boule~ard. said point being on a
curve concave Northerly and having a radius of 1085.92 feet;
the n c e fro mat a n g e n t be a r i n g 0 f I,. B 6 02 3 I 05 " E. run E a s t e r I y
clong the arc of said curve and along said l\ortherly right of
.,ay line 78.01 feet through a central angle of 0~006'58" to
the point of beginning; thence leaving said Northerly right of
way line. run ~.10022'l~""-'. 173.B5 feet to the point of curva-
ture of a curve concave Southwesterly and having a radius of
27.[3 feet; thence run Ilorthwesterly along the arc of said
cur v e ~ 0 . t.. 4 fee t t h r 0 ugh ace n t r a 1 a n 9 1 e 0 f 8 3 0 1 4. I [, 1 " t (;I the
potint of tangency; thence run 5.86023'05"W. 270.83 feet to a
point on the Easterly right of way line of Northern Way (80'
R/~) said point being on a curve concave Ea~terly and having
a radius of 1893.55 feet; thence from a tangent bearing of
N.Dlo03'58"~. run Northerly along the arc of said curve and
along said Easterly right of way line 50.08 feet through a
central angle of 01"30'56" to a point; thence leaving said
E a s t e r 1 y rig h t 0 f way 1 i n e run N. 86 02: I 05 " E. 207. 96 fee t to
the point of curvature of a curve concave southwesterly and
having a radius of 77.82 feet; thence run southeasterly along
the arc of said curve 113.07 feet throuah a central angle of
8301l;'1:,1" to the point of tangency; the~ce run S.IOc22'lt,"E.
:175~OD feet to a point on the aforesaid r;ortherly ri ght of '.-.'Oy
line of 'h'inter Springs Boulevard. scid point being on a curve~
ccncave Northerly and having a radius of 1085.52 feet; thence
from a tangent bearinc of S.79c37'4.6"h'. run 'r,lesterly along the
c r C D f sa i d cur v e and - a Ion 9 s aid Ii 0 r the r I y rig h t D f \',' a y -\ i n e
50.02 feet throuoh c central anGle of 02038'21" :0 :he point
of beginning. co~taininc therei;' 0.5979 acres more Dr lesS.
EXHiBIT
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Glen Eagle Unit 17
UNIT I - GLEN EAGLE - REMAINING LOTS
Lots 16, 17, 21, 22, 23, 28, 29, 30, 31, 32, 33, 35, 36, 39, 40,
41, 42, 43, 54, 98 and 103, GLEN EAGLE UNIT I, according to the
Plat thereof as recorded in Plat Book 40, Pages 14 through 17,
Public Records of Seminole County, Florida.
/C/DET:8738002REM
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UNIT II - GLEN EAGLE - REMAINING LOTS
Lots 145, 146, 147, 148, 160, 161, 162, 175, 176, 177, 179, 182,
183, 184,185,186,187,188,189, 190, 191, 192, 196, 197, 239,
240, and 257, GLEN EAGLE UNIT II, according to the Plat thereof
as recorded in Plat Book 40, Pages 18 through 21, Public Records
of Seminole County, Florida.
/C/DET:8738002REM
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GLEN EAGLE ID\IT III
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That portion of Sections 8 and 17., Township 11 South, Range 31 Ea,:,
Seminole Count)', Florida, being more particularl)' describd as fo\lo.....s:
Commence at the radius point of Ontario Court per TUSCA \\'lLLA UNIT 13,
as recorded in Plat Boo\: 19, Pages I and 1 of the public Records of
Seminole Count)', Florida; thence run N 00'38'33" E along the centerline of
said On12rio Court for a distance of 1~.94 feet to the centerline of
Northern Wa)' per said TUSCAWILLA UNIT 13; thence run 1'< 10'30'50" W
f or a d i stance of 330.13 feel to the P oint of Beginnin g of tn e fall o.....i n g
d:.scrib::.d parcel of land:
t
.r
. Th ence run N 05 '54 '54" E for a distance of 311.46 fee:; th en ce run
, N 440~9'L,4" W for a a'l's~anc~.... f "8091 f h f~ 660....:::.'6" v..'
_, ,,0 _' eet; t encC run,' ~- "
for a dis12nce of 140.00 feet; thence run N 23'34'4'" E ior a distance of
190.00 fee:; thence run N 66'25'16" W i or a distance of 54.23 ice:; th en c e
run 1'126'45'38" E ior a distance of 98.36 feet; thence run 1'1 39'38'49" E
for a distance oi 91.65 feet; thence run N 52'01'~" E ior a dis:"nce of
92.40 feet; thence run 1'1 64'03'36" E ior a distance of 92.01 ieet; ;nence
run 1'1 61'28'50" E for a dist2Dce of 170.00 ieet; thence run S :;.2'31'10" E
for a dist2Dce of 480.00 ieet; thence rur, S 67'18'50 W for · ciistz-nce of
190.00 feet; thence run S 22'31'10" E for a distL!l ce of 30,00 i eet; thence
run S 67'28'50" W for z- ciistz.nce of 140.00 ieel; thence run
,~""C'~1'10"-' " "'0C'C'....6./~..- .
_ ~:': ~ _ _ ;:. I Dr . O'"t21lce of 300,00 feet', th en ce run 0 o.L. -~ ;:. :r 0:
_ ", S. . ~ - ~ - 0 . . ' .
< ~. ,wce 0: ~ 10,) '""" th "n'" .,,0 ~ 1 6'or, i" \'; ; co · c:stz-nce 0:
f < 00 :' --.. - .-- " ,- - . " .,' .'
". ,ee:; wence :-on S 84'40'19" W fo: " Gist.nce of 195.:53 tee:; :De:;ce
_._ NC'C'c"~').O"-" o'
J ...:.... _ C, -:_ ~ W 10':" 2. C'S"-::--" 0: DC 00 ;.....-. ".~...-_... -:-u-
.~ S' ...._ _., , . ~,-- . d' .---, ...-..-- ' "
" ,', ," , ..' ' . ,0."0,91-1
, ,,~, ~, VI :Dr . o's"O"" 0' 1 00 00 ;.... t',,,,.'. -... "0- ,,) C yo
of ~ ., ..; ~-." :" ' "-:-- ~- " - ' - ---, ..- · - - .~.. .
.:). _ c.S:::..n-.... c.;. ,10 08 1......-. .~...n-... ...,,'1'\ S C,::;c_::"!-.'5!-.~~' ic: 2. c.:.S:2..1",:;,:, c:
-- '. .-' ---, ......-..-- ..-.., - - -
J ~. 9 9 ree:; th ence run 1'1 84 "eS'06". wiD: . c."tzTIce or 19 0.00 fee: to t!l e
:point of .=>ec-i...r;,-,i""c-
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That ponion of SC<lions & and 17, T o,'nship 21 South, Ran,' ; 1 E..". S em ino\e Counl Y .
Florid,-, bein& mor~ panicularly described as foHows:
Commence al the radius point of Ontario Coun pe' TUSCA WILLA U),\T 1;. " "coroe'
in Pial Boo\: 29, h," } and 2 of the Puhhe ReWd! of Sr.mIOOl< CounlY. Florida:
Ihcnc< run N 00'3&'33" E alons Ih, <<nt erlin< of saio Onlario Cou n lor , oi ,,,nC< of
1 "-<.94 fcCl to the C<nterlin< of Nonhero W'y per saio TUSCA WILLA 1l},IT \ 3; Ihenc<
run N 00''''33" E along . radi.} lin< lor . dimnce of 40.00 1<<1 to Ihe poinl of
cur"aIU" of . cu",e cone,,'e Soulhe"",ly h."in& . radiu. of 92\.22 Ie" .nd Ihc
Point of B~ginnint of the followint dcscribe-d parcd of lane:
G~El\ r.AG~E
Ul'\::- :V
Thene< run Soulhwe"erly alons Ihe arc of ,,10 cu"" and alon. the Nonherl)'
R.i" hi .oi. W.)' lin< oi saio N onhcm W'Y Ihrou ,h . <<ntral .n1 Ie of 05'; 1'\ ;" I or ,
C",,"e< of 90.6; IW; the"C< run N 05'54'54" E for. dim'e< of 219.57 fe<" ,"e"e<
run S S..:o05'D6~ E lor 2 distance.' of 190.00 rcc..~: thcnce run N 0505~'5L." E lor ;:
dista"ce of 73.99 lc<:; the"C< run S "'05'06' E lor , distance of i 10.00 1<"; Ihc"e<
ru" S 19'2127" E lor , dista"C< of 100.00 1<,,; thene< run S E9' ~ 5' ~ 0" E lor a oi ,,,ne<
cf 9~.OO f:;et: thcnc~ run N S~o40'19~ E lor 2 distance. of 195.63 lCc:', thence 1"'..ln
N 76'Kj7" E lor' dim'C< of 6S.00 fc"; the"e< run N 0&'26'~2' W 10\ , oiSl"cc of
3 7 6 .50 i CO" Ih e"e< run }, 22'31'10' W lor , oi,tan<< of 300.00 I co" l\ten C< run
N 67'2E '50" E lor , oi,,,"<< of 140.00 f co:; the"e< ru" N 22'3 i '1 0" W i or , d iSl."e<
of 30.00 i co:: the"<< ru" N 67'2,'50' E r or , oi Sl."ee of \ 90.00 ; e'" LOeD cc "'"
1,1 _.,('_ "1"" "1 f .. r C'O 00 [. '\..1167(,"'''5'''' - [C' . O\S."....~.
. "..; , u " or' 0"\2"e< o. 40. ;cc:; tocnc< run" ., u '" · · , '. ,.".'
of j ~O.OO i cc:: Locne< ron )-i 50'46'''' E i or , oi'laDcc of 5:.20. i CC'.: Ih e' ee ro"
N 67on'SO" E 10\ , O;'\2n<< oi 140..00. j ,,:; Ihcoe< run S::' 3 j'j 0";: .i on; "'"
S ouw"i) R; ~hl '0;' W ')' line 0; Win"r Sorin P Boui:"aro (, ,20' P-Tv.') i or , 0 i,\2n"
of ,)55.00 ieCl \0 L'e ooinl 01 cU"'''u,; 0' , ,u"" cone"" },0:-",<>5\";)' "",in, '
,,,oius 0:. 107\.~5 ice" 'we,,, ron Southe""rl) ,lon, the arc 0' "ie e~,,'e ,~e "io",
,,,'oS OU\ne"V c,\ onl .Of, W 'v iin' th,oll'b , ....,. 'ai "n,I' 0' \ Lor 0'0. ," ,or ' 0,,\20 e<
, 0 "E H '..:. <. . . ~ ,. < 0.' .. <.... -" '. -' ......,..
O. ~. .._ l...., \0 \nC pOlO' 0' reve,,' ou,,'Cl"r< 0; , OU"" eoo02" e ;; 0, .,~ .S ,..J)
"'''In' , "oiu, of 0, 00. i.... tb....... ..." So"tb~'''SI'''i" ,lo" .... .'" 0' ,,-i e eu""
...,. .'. ;..' . ..' -.- . .":'. ..........'. . ~.'.' ....:'< ,~::. :.... .;.- .'
::.:-.... .10_; r..... No...ne,,)' pl": liD' 0: lOC Dore:o COU ODcO · co U. ~ :.;...c..... ee;; '. ' ';.
_. ou gn , <<.,,,'-: ..n g" of 86 '36'] Q' i or , dis""<< of ;; ..., j ,,: \ 0 in< oo,n', 0:
oo,"pouoo eu,,' ,:or< 0: , eu"" eono"" N 0:- ",,'oS""" '--,,'''' ' ", c j'" 0: ; ob c.,,
: ='" ........... -.. .. ".. ..' .' .' ..' ". < ' . .'" .. . . .
..... ._........ . ..': oo..,n~'oSlC")' 2100, ,nc ,r: 0: we 00"" ,nO ,ier, ,,,' ;;0:-."0")'
?'" "0: ",.reugo , <cn",] "-rgl e of L] ',5 '",'- ; or , ctS"",O' c :: : 9.' [ j <c', \ 0 io'
?~\r~ c:. :z:: ,en OJ.': :'oo::e< "'00 K E ,'2: .: ,...". j or , C\SlOoee 0 ". . : 5 j ,,'. 1C '-"' ?ei..:
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Tracts A, B, D, E and Retention Area C, TUSCAWILLA UNIT l4C,
according to the Plat thereof as recorded in Plat Book 36,
pages 11 and 12. Public Records o~ Se~inole County, Florida.
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Unit is/Parcel 80
All that part of the Map of the Phillip R. Yonge Grant as
recorded in Plat Book 1, Pages 35 through 38, of the public
Records of Seminole County, Florida, and a po:tion of the
Southeast l/~ of Section 5 ane a portion of the Northeast l/~ of
Section 8, Township 21 South, Range 31 East, Seminole County,
Flo:ioa, lying South of SR 434 (Old SR 419); North 0: the Lake
Charm Branch of the Seaboard Coast ~ine Railroac and East of
Gardena Farms, Town sites as recorded in Plat Book 6, page 39,
Public Recores of Seminole county. Floriaa. less right-of-WGY for
Blac~~ Hammock Branch of the S.C.L. Railroac.
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Lake Jessup property
DE-Seel PTI ON.'"
Lots 1 and 2. 13lock A. D.R. MITCHELL'S SURVEYOr- TI IE LEVY GR^!"T
:Iccording 10 the plat recorded In Plat Book 1, P:lge 5, of the PlIhlic Record~
of Seminole County. Plorida.
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Unit 16, South 1/
Begin at the Southeasttcorner of Tract .C., TUSC~LLA UNIT 12,
as recorded in Plat Book 28, Pages 98 through 102, of the Public
~ecords of Seminole County, Florida; run N 10052'27" W along the
Easterly line of said tract .C. for a distance of 345 feet more
or less to the centerline of Bear Creek, said centerline being
the Southerly line of BEAR CREEK ESTATES, as recorded in Plat
Book 26, Pages 57 through 59 of the Public Records of Seminole
County, Flor ida; thence run Northeasterly along said center line
and said Southerly line for a distance of 246 feet more or less
to the centerline of a 100 foot Florida Power Corporation
Easement as recorded in Official Records Book 304, Page 215 of
the Public Records of Seminole County, Flor ida; thence run S
74024'15" E along said centerline for a distance of 2356.00 feet
to a point on the Westerly Right-of-Way line of Northern Way (80
foot R/W), said point being a point on a curve concave
Southwesterly having a radius of 1160.00 feet and a chord bearing
of S 30019'13" W; thence run Southwesterly along the arc of said
curve and said Westerly Right-of-Way line through a central angle
of 32003'59" for a distance of 649.21 feet; thence run S
46021'13" W along said Westerly Right-of-Way line for a distance
of 127.14 feet to a point of curvature of a curve concave
Northerly hav ing. a r adi us of 25.00 feet; thence Northwes te r ly
along the arc of said curve and said Westerly Right-of-Way line
through a central angle of 88013'52" for a distance of 38.50 feet
to a point of reverse curvature of a curve concave Southwesterly
having a radius of 2080.66 feet; thence run Northwesterly along
the ar c of said curve and the Nor ther ly Ri gh t-of-Way 1 i ne of
Wi n ter Spr ing s Boulevard, (120' R/W) through a cen tr al ang le of
29045'53" for a distance of 1080.89 feet: thence run N 75010'48"
W along said Northerly Right-of-Way line for a distance of
1047.94 feet to the Point of Beginning.
Being subject to a 100 foot drainage easement lying Southerly of,
contiguous to and parallel with said Bear Creek.
E\,'LIln..T
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WINTER SPRINGS - REMAINING LOTS
Lots 7 and 8, Block "G", WINTER SPRINGS, as recorded in Plat Book
15, Pages 81 and 82, Public Records of Seminole County, Florida.
/C/DET:8738002REM
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UNIT 12 - TUSCAWILLA - REMAINING LOTS
Lot 90, Unit 12, TUSCAWILLA, according to the Plat thereof
recorded in Plat Book 28, page 98, Public Records of Seminole
County, Florida.
/C/DET:8738002REM
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UNIT l4B - TUSCAWILLA - REMAINING LOTS
Lots 210, 229, 230, 231, 232, 240, 241, 242, 243, 244, 245, 246,
273, 274 and 276, Unit l4B, TUSCAWILLA, according to the Plat
thereof recorded in Plat Book 37, Page 6, Public Records of
Seminole County, Florida.
/C/DET:8738002REM
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UNIT 10 - BEAR CREEK ESTATES - REMAINING LOTS
Lots 28, 29, 30 and 36, Unit 10, BEAR CREEK ESTATES, according to
the Plat thereof recorded in Plat Book 26, Page 57, Public
Records of Seminole County, Florida,
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Pege ~ of ~Panl')(s)
/C/DET:8738002REM
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BOND
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Know all men by these presents:
That we, Winter Springs Development Joint Ventur~, a Florida general partnership,
organized and existing under the laws of the State of Florida, and having its principal place
of business at 900 North Maitland Avenue, Maitland, Florida 32751, as principal, and Continental
Casualty Company, a surety company, organized under the laws of the State of Illinois, and
duly authorized to do business in the State of Florida, whose principal place of business is
C N A Plaza, 55 E. Jackson, Chicago, Illinois 60685, as surety, are held and firmly bound unto
THE CITY OF WINTER SPRINGS, FLORIDA or its Trustee or substitute Trustee, as obligee,
in the amount of Nine Hundred Forty-Three Thousand One Hundred Seventy-Three Dollars
($943,173.00) for the payment of which sum the said principal and surety do jointly and severally
bind themselves, their heirs, executors, administrators, successors, and assigns, and each and
everyone of them firmly by these presents.
THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH THAT:
WHEREAS, the above bounden Principal has on the 26th day of April, 1990, entered
into a written DEVELOPER AGREEMENT with the aforesaid obligee for the securing of
water and sewer services for 1,100 eouivalent residential connections (ERC1s) for the period
commencing April 26, 1990 through April 30: 1995.
NOW, THEREFORE, if the said Principal shall and will in all particulars well, truly, and
faithfully observe, perform, and abide by the above condition in said DEVELO PE R AG R EEME NT,
then this obligation shall be and become null and void; otherwise, it shall remain in full force
and effect.
It is further understood and agreed between the parties hereto, that the Surety shall
have an annual right, on April 30th of each anniversary hereof, to decrease this bond in a
less amount than the $943,173.00 initial bond, to the extent additional on-line ERC's are added
to the Utility System prior to such annual anniversary date, the reduction of such bond by the
amount of $857.43 per each ERC.
PROVIDED FURTHER, that regardless of the number of years this bond shall continue
or be continued in force and of the number of premiums which shali be payable or paid, the
Surety shall not be liable thereunder for a larger amount, in the aggregate, than the amount
of this bone.
PROVIDED FURTHER, it is understood and aareed that the liabilitv of the surety
._._-'__ _...._11 +~~~;":Jto ,...n M~v I. 199L; unless rele;sed by the Obligee pr'ior.thereto. '
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AN ILLINOIS COllrOIl...~.ON
.
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY.IN-FACT =--:'~"':.:_-"'.
Know All Men by theM "reNnt'. Thlt CONTINENTAL CASUALTY COMP"NY, I corporation duly organized and e.,stlO& under the
I.W$ of the Stlte of illinoiS, Ind hiVfng rts prinCIpII office In 'he City of CtllClgO, Ind Stllte of 1I11001~, does hereby mllke. constitute .--
'~.lndIPpoint Paul G. KehlrinQer, Individually .-
of Orlando. Florida
Its true and lawful Attorney-in.fact with full power and authority hereby conterred 10 Sign, seal and execule in its behalf bonds. undertakings
and olher obllgalory InSlruments of similar nature
- In Unlimited Amounts -
and to bind CONTINENTAL CASUALTY COMPANY therebv a~ fully and to the same exlent as If such InslrumenH were signed by tM
duly authorized offlce~ of CONTINENTAL CASUALTY COMPANY and all the act~ of said Attorney. pursuant to the authority hereby
given Ilre hereby ratified Ilnd confirmed.
. This Power of Attorney I~ made and executed pursuant to ilnd by authOrity of the follOWing By. Law duly aoopted by the Board of
Directors of the Compan)'.
.. Article IX-Execution of Documents
Section 3. Appointment of Atlorney-in.fact. The President or a Vice President may. trom lime 10 time. appoint by wrillencertlflcales
attorneys'ln.fact to act In behalf of the Company in Ihe excecutlon of poliCies of IOsurance. bonOS. undertaKlnos and olner obligatory
Instruments of like nature. Such attorneys.ln-fact. subject 10 the IImitallons set forlh in tnelr respective certltlcates of autnorlty. Shall
have full power 10 bind the Company by their signature and execution 01 any such instruments and to attach the seal 01 the Company
Iherelo. The President or any Vice PreSident or Itle Board of Directors may at any time revOKe all power and authOrity previously given
10 any attorney-in.fact."
This Power of Attorney is signed and sealed by facsimile under and by the authOrity of the follOWing Resolution adopted by the
Board of Directors of the Company at a meeting duly called ano held on the 3rd day of April. 1957.
"Resolved. that the signature of the PresiOent or Vice Presioent and Ihe seal 01 the Company may be affixed by faCSimile on any
power of allorney granted pursuant to Section 3 of Article IX 01 the By.Laws. and the sipnalure 01 tne Secretary or ar, Asslstar.t Secretary
ana the seal of the Company may be affixed bv laCSlmile to any ceniflcale of any such power, and any powe~ or certificate bearing
such faCSimile signatures and seal shall be valid and binding on the Company. Any SUCh power so executed anc sealed ane cer1lfled
by certificate so executed and sealed snail. with respect to any bond or undenaklng to whiCh it IS attached, con\inue to be valid and
blndlno on the Company."
In Witness Whereof. CONTINENT AL CASUALTY COMPANY has caused these presents to be Signed by Its 8 '7'ce Preslaent and Its
corporate seal to be herelO affixed on this 28th day of September , 19_
CONTINENTAL CASUALTY COMPANY
State of Illinois I
County of Cpok ( ss
"
Z'.~./(
J. E.. Punell Vice PreSident.
On this 28th day of September . 19~ belore me oersonally came
J. E. Puneli. to me Knowr.. woo. oemg by me ouly sworn. Old oepose anc say: tria, he resloes Ir. the Village of Glenvlew. State of illinOIS: that he IS
a Vlce-Presloen, of CONTINENT AL CASUALTY COMPANY. the corporation aescnbeo m anc whiCh executed toe above mSHument: t:1at he knowS
tnI' seal of said Corporatlor.: that the seal a11lxed to the said IOstrumem IS suco corporate seal: toal11 was so atilxeo pursuant to toe sola IOstrumenl
IS suc;') corporate sea:: tnat 11 was so afflxeo pursuant to autoOrlil' given 01' tne Boare oj Directors 01 saiD corooratlon anC trial oe Signed hiS name
tnerelO pursuant to IlkI' autoorlt)'. ana aCKnowleDges same to PI" tne ael ana Deed 01 salo corporation.
1. r..,~ C. Vonnahme. Assls,an: Secretary c~ CONTIN~NTt..~ CASUA~ TY corv',PANY. 00 hereo\' cenlll' toa: the Power oj Attorne\' herein aoove sel
10:,: IS sllll fr,10rCe anc lUnher cenny tnat Se:tlor, 3 o~ AnlCle IX 0' toe 5.-,-a"/5 o' toe Comea",: anc toe ResolUl10n 0: the Boara oj Dlrectc's.
se. lCr-;r. Ir. salc Power oj Attorney are still Ir, 10rce. In teSlImonv y.;,e'e-~' I have hereunto sut-scrloec my name anc atilxec the seal 0; the
salc Companv 1015 25 t h - ca\' oj' Apri I . lS.2.L.
.J/~YL----
tv.. C. Vonn;;r\me ",ssls',anl Secretary.
CERTIFICATE
~' ~
(j~ul /J
, Leslie /... Smito Notary Public.
My Commission Expires November 12, 1990
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Form '.231':2-8 IN\'. NO. G-56623-/"
EXHIBIT "B"
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