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Home My WebLink About2005 04 11 Informational 306 3rd Addendum to the Barrington Estates Developer Agreement COMMISSION AGENDA ITEM 306 CONSENT INFORMATIONAL X PUBLIC HEARING REGULAR April 11, 2005 Meeting MGR l~"/DEPT ;/Y I Authorization REQUEST: Utility Department Advising the City Commission with of a Proposed Third Developer Agreement Modification for Barrington Estates. PURPOSE: The purpose of this Agenda Item is to advise the City Commission ofa 3rd Addendum to the Barrington Estates Developer Agreement which will be forthcoming for consideration. CONSIDERATIONS: Staff received a request several years ago from the developers of Barrington Estates requesting a mechanism to get reimbursed for a portion of the water and sewer extension costs that other adjacent properties are benefiting from. Staff supports this request and the developers engineer has completed a costs allocation study that CPH finds acceptable. The reimbursement cost is about $1,000 per residential unit. The Barclay Reserve project was advised throughout the project of this potential cost estimated at $2,000 per unit at the time. Staff is working with the City Attorney on final changes to the draft, a copy of which is attached. We anticipate bringing this back within the next 30 days. ATTACHMENTS: 1. Third Addendum draft COMMISSION ACTION: Attachment No.1 THIRD ADDENDUM TO ANNEXATION AND PRE-DEVELOPMENT AGREEMENT THIS THIRD ADDENDUM TO ANNEXATION AND PRE-DEVELOPMENT AGREEMENT is made and entered into this _ day of ,2005, by and between the CITY OF WINTER SPRINGS, FLORIDA (the "City"), and TOUSA HOMES, INC., a Florida corporation, formerly known as ENGLE HOMES/ORLANDO, INC., a Florida corporation ("Owner"), as follows: WITNESSETH: A. WHEREAS, the City and Battle Ridge Companies, Inc. ("Battle Ridge") previously entered into that certain Annexation and Pre-Development Agreement dated January 26, 1998, and recorded April 8, 2002 in Official Records Book 3593, Page 217, Public Records of Seminole County, Florida (the "Agreement") in relation to certain property identified therein (the "Property"); and B. WHEREAS, Owner is the successor-in-interest to Battle Ridge; and C. WHEREAS, Owner and the City previously amended the Agreement pursuant to that certain First Addendum to Annexation and Pre-Development Agreement dated June 25, 2002 and recorded July 3, 2002 in Official Records Book 4452, Page 671, Public Records of Seminole County, Florida ("First Addendum); and pursuant to that certain Second Addendum to Annexation and Pre-Development Agreement dated 20 and recorded , 20 ---.:> in Official Records Book Records of Seminole County, Florida ("Second Addendum"); and , Page , Public D. WHEREAS, pursuant to the First Addendum, Owner has installed off site oversized water and sewer trunk lines which serve the Property and which have capacity to serve other adjacent properties located east of State Road 417 and within the City (the "Subject Area"); and E. WHEREAS, Owner and the City have agreed that Owner shall be entitled to collect a reimbursement fee for providing such water and sewer capacity to other adjacent properties within the Subject Area, all according to the provisions set forth herein. NOW, THEREFORE, in consideration of the mutual covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto desire to be legally bound and agree as follows: 1. reference. RECITALS. The above Recitals are true and correct and are hereby incorporated by 2. follows AMENDMENT. Section 7(G)(4)(e) of the Agreement is amended to read as (underlined words are additions to original text; strike out words are deletions): IV. Future developers of property within the Subject Area whose proiects utilize the sewer and water trunk lines installed by Owner shall be required by the City to reimburse Owner for such services. Prior to and as a condition of issuing building permits to any such future developers. the City shall collect a reimbursement fee at a rate of $739.19 per dwelling unit for sewer services and $ 214.54 per dwelling unit for water services. The City shall then remit such fees to Owner within then (10) days of their receipt of the same. Any development agreements between the City and future developers shall include this provision. 3. RECORDING. This Addendum shall be recorded in the Public Records of Seminole County, Florida, and shall run with the land. 4. OTHER PROVISIONS. All other proVISIons contained in the Agreement, as previously amended, shall remain unchanged and shall continue to be in full force and effect. IN WITNESS WHEREOF, the parties have executed this Third Addendum to Annexation and Pre-Development Agreement on the day and year first set forth above. Signed, sealed and delivered in the presence of: CITY OF WINTER SPRINGS, a Florida municipal corporation ATTEST: CITY CLERK By: MAYOR TOUSA HOMES, INC., a Florida corporation Print Name: By: Dean A Burleson, Division President Print Name: STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this _ day of February, 2005, by , as Mayor of the City of Winter Springs, a Florida municipal corporation, who [ ] is personally known to me, or [ ] has produced for identification. (SEAL) Notary Signature My Commission Expires: STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this _ day of February, 2005, by Dean A. Burleson, as Division President of Tousa Homes, Inc., a Florida corporation, who [ ] is personally known to me, or [ ] has produced for identification. (SEAL) Notary Signature My Commission Expires: