HomeMy WebLinkAboutBattle Ridge Companies First Addendum -2002 06 22
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JIlARYANNE MORSE, CLERK CF CIRCUIT COURT
SEMINOLE COUNTY
BK 04452 PG 0671
CLERK'S # 2002904002
RECORDED 07/03/2002 12144116 PH
RECORDING FEES 15.00
RECORDED BY M NDld.n
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Prepared by and Return to:
Anthony A. Garganese, City Attorney
Two Landmark Center
225 East Robinson Street, Suite 660
Post Office Box 2873
Orlando, Florida 32802-2873
(407) 425-9566
(407) 425-9596 FAX
FIRST ADDENDUM TO
ANNEXA TION AND PRE-DEVELOPMENT AGREEMENT
A June 2~2.. (2/
This First Addendum is made and entered into this '2.5' day of: O~tobe!, 2001, by and
between the undersigned parties, as follows:
WITNESSETH:
WHEREAS, the City of Winter Springs and the Battle Ridge Companies, Inc. previously
entered into that certain Annexation and Pre-Development Agreement, dated January 26, 1998, to
build a high-quality single-family residential development with municipal services (" Agreement"); and
WHEREAS, Engle Homes/Orlando, Inc., a Florida corporation, is the successor in interest
to the Battle Ridge Companies, Inc. ("Owner"); and
WHEREAS, because of events beyond the control of the City and Owner, the obligations
under Section 7(C)(2) ofthe Agreement were delayed beyond the one year time requirement stated
therein; and
WHEREAS, the City and Owner desire to modify the Agreement to extend the one year time
requirement and make additional modifications to the Agreement as stated hereunder.
IN CONSIDERATION of the mutual covenants and provisions hereof, and other good and
valuable considerations, the receipt and sufficiency all of which is hereby acknowledged, the parties
desire to be legally bound and agree as follows:
1.0. Section 7(C)(2) ofthe Agreement is amended to read as follows (strikeout words are
deletions and underlined words are additions to the original text):
Following final wetlands boundary determination and platting, but within one
yeal of this Agreement, the Owner of the Property shall convey, at no cost to the
Grantee, prior to or concurrently with the recording of the final subdivision plat. the
wetlands portion of the Property to a responsible public or private non-profit
environmental agency reasonably acceptable to the City. Pursuant to City Code, all
wetlands shall be delineated according to FDEP, SJRWMD, and ACOEjurisdictional
lines.
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FILE NUM 2002904002
OR BOOK 04452 PAGE 0672
2.0. Section 7(G)(4)(e) of the Agreement is amended to read as follows (strikeout words
are deletions and underlined words are additions to the original text):
e. Water and Sewer.
1. The City shall provide potable water service to the Property. The Owner or
Developer will pay for the extension of trunk lines to the buildable portion of
the Property and pay other customary costs necessary or required in
connection with such service.
11. TIle sizing ofthe tIUllk line shall be sufficient only to plovide water service to
the buildable portion of the Propel t} and to 110 otllel SUlI ounding pi operties.
m 11. The City shall provide central sanitary sewer collection and treatment service
to the Property. The Owner or Developer will pay for the extension oftmnk
lines to the buildable portion of the Property and pay other customary costs
necessary or required in connection with such service.
!!L The City may require the Owner or Developer to oversize the sewer and
water trunk lines to service other properties. The City agrees. howevec that
Owner or Developer shall not be responsible for paying the cost for water and
sewer trunk lines beyond that required to provide adequate capacity to service
the Property. The City shall be responsible for paying the cost related to
oversizing said trunk lines.
Iv. TIle sizing of the trunk lille shall be sufficient only to plovide centlalsanitaIy
sewer collection selVice to the buildable portion of the Property and to no
otll{.[ surroundihg pi operties.
3.0. All other provisions contained in the Agreement which are not amended by this First
Addendum shall remain unchanged and shall continue to be in full force and effect.
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4.0 This First Addendum shall be recorded in the Public Records of Seminole County and
shall be a binding obligation on the Property and shall run with the land.
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FILE NUM 2002904002
OR BOOK 04452 PAGE 0673
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WITNESSES:
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PrintName:'o~/.t:- I t I:?~
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Print Nam~aj'~'u'"", ~., e- r
ENGLE HOMES/ORLANDO, INC.:
STATE OF FLORIDA
COUNTY OF SEMINOLE
Subscribed and sworn to before me, the undersigned Notary Public, this Z~ day of
Jvn.e , 2002, by John Kraynick,~.h 'ce President of Engle Homes/Orlando, Inc., a Florida
corporation, Owner, who is personally known, or _ has produced
as ide ification. ~
."i("-' An"'Sta~ ~ -.:,
i'f'Ji~~ MY COMMISSION # 00111636 EXPIRES Notary PublIc
~~.{,i May 3, 2006
."it~...",~- IlONOEOTHRUTROYFAlN INSUIlANCt.INC
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NZO-LUACES,
'"'" STATE OF FLORIDA
COUNTY OF SEMINOLE
Subscribed and sworn to before me, the undersigned Notary Public, this J1;(1 day of
tit! t? e- ,2002, by Paul P. Partyka, Mayor, who is personally known.
m ELIZABETH DI CONSIGLIO
f \. Notary Public - State at Florida
: . .:: My Ca "miMO.. EJq:li1lI Cd 24. 2005
~..~Af : Commlnlon' 00087417
~ Bonded By National Notary Aun.
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Nota ublic
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