Wednesday, December 05, 2012 - Regular Planning ... - Polk County

DRAFT
FIRST AMENDMENT TO DEVELOPMENT AGREEMENT FOR
OAKMONT PLANNED DEVELOPMENT
This Amendment to Development Agreement for Oakmont Planned Development
(hereinafter referred to as the “Amendment”) is made and entered into on this
_________day of ____________, 2013, by and between AK OAKMONT, LLC, a Florida
Limited Liability Company, whose address is 8875 Hidden River Parkway, Suite 150,
Tampa, Florida 33637 (hereinafter referred to as “Owner”), who is a successor in
interest to the WU Polk, Inc., a Delaware corporation, whose address is 4550 Post Oak
Place, Suite 220, Houston, Texas, 77027; and POLK COUNTY, a political subdivision of
the State of Florida, whose address is 330 West Church Street, Bartow, Florida 33830
(hereinafter referred to as “Polk County”). The Owner and Polk County are hereinafter
referred to individually as a “Party” and collectively as the “Parties.”
WITNESSETH:
WHEREAS, Polk County approved The Oakmont Planned Development, No. 02-
22, on December 20, 2002 (previously known as PUD 98-21 and hereinafter referred to
as the “Oakmont PD”) for the development of the property described on Exhibit “A”
attached hereto;
WHEREAS, Polk County entered into a Development Agreement with WU Polk,
Inc., dated May 15, 2003 regarding the development of the Oakmont PD (the
“Development Agreement”), which was recorded in the Public Records of Polk County,
Florida on May 28, 2003, in O.R. Book 05376, beginning at Page 300;
WHEREAS, Polk County approved the plat for Oakmont Phase 1 on February 6,
2008, and the plat is recorded in the Public Records of Polk County, Florida in Plat Book
148, Pages 16 – 30;
WHEREAS, AK Oakmont, LLC purchased the portion of Phase 1 of the Oakmont
Planned Development described on Exhibit “B” attached hereto (the “AK Oakmont
Property”) on August 30, 2012, and desires to develop these lots contained into
residential dwelling units;
WHEREAS, the Parties have agreed to amend the Development Agreement as
to the AK Oakmont Property as set forth; and
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