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HomeMy WebLinkAboutDream Finders Homes LLC & Guardian DFH III LLC Development Agreement (Northern Oaks) - 2020 08 14\0 Z GRANT MALOY, SEMINOLE COUNTY CLERK OF CIRCUIT COURT & COMPTROLLER CFN#,2020088756 Bk:9677 Page:148,8-1497 REC: 08/14/2020 8:04:�02 AM by cjmes RECORDING FEES $86.50 THIS INSTRUMENT WAS PREPARED BY AND SHOULD BE RETURNED TO: Anthony A. Garganese City Attorney of*Winter Springs Garganese, Weiss. D'Agresta & Salzman, P.A. I I I N. Orange Avenue, Suite 2000 Orlando, FL 32802 (407) 425-9566 DEVELOPMENT AGREEMENT Northern Oaks Subdivision THIS DEVELOPMENT AGREEMENT ("Agreement") is made and executed this day of 2020, by and between the CITY OF WINTER SPRINGS, a Florida Municipal Corporation ("City"), whose address is 1126 East S.R. 434, Winter Springs, Florida 32708, and DREAM FINDERS HOMES LLC, a Florida Limited Liability Company, whose address is 14701 Philips Highway, Suite 300, Jacksonville, Fl- 32256, (`'`Developers"), and NORTHERN OAKS HOMEOWNERS ASSSOCIATION, INC., a Florida not -for -profit corporation, whose address is 14701 Philips Highway, Suite 300, Jacksonville, 1`1 32256, and GUARDIAN DFH HI LLC, a Delaware I.Arnited Liability Company, whose address is 8246 E, Northfield Blvd,, Suite 2510, Denver, CO 80238, a consenting property owner. WITNESSETH: WHEREAS, Developers are the Developers of the Northern Oaks subdivision, consisting of 20.130 acres, more or less, of real property located generally east of the intersection of SR 434 and SR 417, Winter Springs, Seminole County, Florida, more particularly described herein ("Property-), and WHEREAS, the Northern Oaks Final Engineering plans were approved by the City Commission at its March 13, 2017 meeting and the Northern Oaks plat was approved by the City Commission at its June 11, 2018 meeting; and WHEREAS, on March 13, 2017, at the time of Final Engineering approval. Developers' predecessors sought and received waivers from the City Code to. (I ) reduce the rear yard setback to 20 feet in lieu of 25 fleet; and (2) reduce the side yard setback to 5 feet in lieu of 6 I'M pursuant to Sec. 20-186(2)-(3) for the entire Subdivision; and WHEREAS, the approval of the above -referenced waivers increased the buildable area of the 35 single-family lots in the subdivision; and DEVELOPMENTAGREEMENT City of'Winter Springs Page I of 10 WHEREAS, as an oversight, Developers' predecessors failed to also seek waivers to increase the permissible maximum lot coverage in the R-1 single-family dwelling district from forty percent (40%) to fifty percent (50%); and WHEREAS, the Developers have now sought such a waiver, which was approved subject to the preparation of a Development Agreement at the November 18, 2019 City Commission meeting; and WHEREAS, in reviewing the lot coverage waiver application, the City's contracted engineer retrieved the permitted plans and stormwater calculations from the St. John's River Water Management District (SJRWMD) permit for the subdivision to verify that the increase in total impervious area per lot would not result in deficient stormwater ponds constructed to serve the subdivision; and WHEREAS, the engineer confirmed that the calculations for the wet ponds indicate there is more volume than required for the original design and that the ponds have sufficient capacity to allow the developer to increase the impervious area on each lot to fifty percent (500/0) coverage; and WHEREAS, nevertheless, the City Commission requested that this Development Agreement be prepared to ensure that Developers would be responsible for remediating any issues regarding deficiencies of the stormwater ponds; and WHEREAS, this Development Agreement shall be recorded against the property so that the terms and conditions of approval related to the Project shall run with the land; and NOW THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties mutually agree as follows: 1.0 Recitals. The foregoing recitals are true and correct and are hereby incorporated herein by this reference. 2.0 Authority, This Agreement is entered into pursuant to the Florida Municipal Home Rule Powers Act. 3.0 The Proaerty. The real property subject to this Agreement is legally described in EXHIBIT "A", attached hereto and fully incorporated herein by this reference ("Property"). 4.0 Waiver Requests. Developer Dream Finders Homes LLC, requested and received a waiver from Sec. 20-187 of the City Code to increase the maximum lot coverage for from forty percent (40%) to fifty percent (501/6) ("Waiver"), subject to the execution of this Agreement, and kept on file with the City with the following file number: File No: ZP2019-0013 - NORTHERN OAKS WAIVER DEVELOPMENT AGREEMENT City of Winter Springs Page 2 of 10 5.0 Private Stormwater System. The Northern Oaks subdivision, approved on June 11, 2018 by the City Commission, and recorded in the Seminole County Plat Book 83, Pages 41-44, is served by a private stormwater system, with pond tracts owned by the Northern Oaks Homeowner's Association and drainage easements dedicated to the Northern Oaks Homeowner's Association for ownership and maintenance of drainage facilities. Drainage easements were dedicated to the City of Winter Springs only for emergency maintenance and inspection purposes. Accordingly, it is the Northern Oaks Homeowner's Association that is responsible for the operation and maintenance of the stormwater facilities constructed to serve the subdivision. Furthermore, except with respect to rainfall from a hurricane or 100-year storm event, should any stormwater facilities be deemed deficient or designed without sufficient capacity to accommodate the increased impervious coverage requested by the Developers through the Waiver, the Developers and/or the Northern Oaks Homeowner's Association shall be fully responsible, at their sole cost, to remedy the deficiencies. Developers and Homeowner's Association shall be jointly and severally liable hereunder to remedy any stormwater facility deficiencies until such time that the Developers have closed out the Northern Oaks project by completing the development of the entire project and fully turning over the project to the Homeowner's Association. At such time the project is fully turned over to the Homeowner's Association, the Homeowner's Association shall be fully responsible for remediating any deficiencies as set forth in this paragraph. 6.0 Indemnification and Hold Harmless. Developers shall be solely responsible for designing, permitting, and constructing the Northern Oaks subdivision and, specifically, its private stormwater system. As such, Developers hereby agree to indemnify, release, and hold harmless the City and its commissioners, employees, agents, and attorneys from and against all claims, losses, damages, personal injuries (including, but not limited to, death), or liability (including reasonable attorney's fees and costs through all appellate proceedings), directly or indirectly arising from, out of, or caused by Developers' and Developers' contractor's and subcontractor's performance of design, permit and construction activities in furtherance of constructing the Northern Oaks project including, specifically, the design, permitting and construction of the private stormwater system to accommodate increased impervious surface coverage as a result of the requested Waiver. This indemnification shall survive the termination of this Agreement. 7.0 Representations of the Parties. The City and Developers hereby each represent and warrant to the other that it has the power and authority to execute, deliver and perform the terms and provisions of this Agreement and has taken all necessary action to authorize the execution, delivery and performance of this Agreement. This Agreement will, when duly executed and delivered by the City and Developers, constitute a legal, valid and binding obligation enforceable against the parties hereto. Upon recording of this Agreement in the Public Records of Seminole County, Florida, the Agreement shall be a binding obligation upon the Property in accordance with the terms and conditions of this Agreement. Developers represent that it has voluntarily and willfully executed this Agreement for purposes of binding himself and the Property to the terms and conditions set forth in this Agreement. DEVELOPMENT AGREEMENT City of Winter Springs Page 3 of 10 8.0 Successors and Assigns. This Agreement shall automatically be binding upon and shall inure to the benefit of the City and Developers and their respective successors and assigns. The terms and conditions of this Agreement similarly shall be binding upon the Property, and shall run with title to the same upon being duly recorded against the Property by the City. 9.0 Applicable Law; Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. The venue of any litigation arising out of this Agreement shall be in Seminole County, Florida or, for federal court actions, in Orlando, Florida. 10.0 Amendments. This Agreement shall not be modified or amended except by written agreement duly executed by both parties hereto (or their successors or assigns) and approved by the City Commission. 11.0 Entire Agreement; Exhibits. This Agreement and all attached exhibits hereto supersede any other agreement, oral or written, regarding the Property and contain the entire agreement between the City and Developers as to the subject matter hereof. The Exhibits attached hereto and referenced herein are hereby fully incorporated herein by this reference. 12.0 Severability. If any provision of this Agreement shall be held to be invalid or unenforceable to any extent by a court of competent jurisdiction, the same shall not affect in any respect the validity or enforceability of the remainder of this Agreement. 13.0 Effective Date. This Agreement shall become effective upon approval by the City Commission and execution of this Agreement by both parties hereto. 14.0 Recordation. Upon full execution by the Parties, this Agreement shall be recorded in the Public Records of Seminole County, Florida by the City. The Developer shall be responsible for all recording fees associated with this Agreement. 15.0 Relationship of the Parties. The relationship of the parties to this Agreement is contractual and Developers are independent contractors and not an agent of the City. Nothing herein shall be deemed to create a joint venture or principal -agent relationship between the parties, and neither party is authorized to, nor shall either party act toward third persons or the public in any manner, which would indicate any such relationship with the other. 16.0 Sovereign Immunity. The City intends to avail itself of sovereign immunity and other applicable limitations on City liability whenever deemed applicable by the City. Therefore, notwithstanding any other provision set forth in this Agreement, nothing contained in this Agreement shall be construed as a waiver of the City's right to sovereign immunity under section 768.28, Florida Statutes, or other limitations imposed on the City's potential liability under state or federal law. As such, the City shall not be liable under this Agreement for punitive damages or interest for the period before judgment. Further, the City shall not be liable for any claim or judgment, or portion thereof, to any one person for more than two hundred thousand dollars ($200,000.00), or any claim or judgment, or portion thereof, which, when totaled with all other DEVELOPMENT AGREEMENT City of Winter Springs Page 4 of 10 claims or judgments paid by the State or its agencies and subdivisions arising out of the same incident or occurrence, exceeds the sum of three hundred thousand dollars ($300,000.00). 17.0 City's Police Power. Developers agree and acknowledge that the City hereby reserves all police powers granted to the City by law. In no way shall this Agreement be construed as the City bargaining away or surrendering its police powers. 18.0 Interpretation. The parties hereby agree and acknowledge that they have both participated equally in the drafting of this Agreement and no party shall be favored or disfavored regarding the interpretation to this Agreement in the event of a dispute between the parties. 19.0 Third -Party Rights. This Agreement is not a third -party beneficiary contract and shall not in any way whatsoever create any rights on behalf of any third party. 20.0 Attorney's Fees. In connection with any arbitration or litigation arising out of this Agreement, each party shall be responsible for their own attorney's fees and costs. 21.0 Development Permits. Nothing herein shall limit the City's authority to grant or deny any development permit applications or requests subsequent to the effective date of this Agreement in accordance with the criteria of the City Code and the requirements of this Agreement. The failure of this Agreement to address any particular City, County, State and/or Federal permit, condition, term or restriction shall not relieve Developers or the City of the necessity of complying with the law governing said permitting requirement, condition, term or restriction. Without imposing any limitation on the City's police powers, the City reserves the right to withhold, suspend or terminate any and all certificates of occupancy for any building, trailer, structure or unit if Developer is in breach of any term and condition of this Agreement. 22. Notice. Whenever either party desires to give notice to the other, notice shall be sent by hand delivery or certified mail, return receipt requested, and shall be sent to: For the City: Shawn Boyle, City Manager City of Winter Springs 1126 East S.R. 434 Winter Springs, Florida 32708 With additional notice to: Anthony A. Garganese, City Attorney Garganese, Weiss, D'Agresta & Salzman, P.A. 111 N. Orange Avenue, Suite 2000 Orlando, FL 32802 DEVELOPMENT AGREEMENT City of Winter Springs Page 5 of 10 For Dream Finders Homes LLC: Robert E. Rive, Jr., Esq., General Counsel and Vice President 14701 Philips Highway, Suite 300 Jacksonville, FL 32256 For Guardian DFH III, LLC: Andrew Broeren, Chief Operating Officer 8246 E. NORT[ IFIELD BLVD., SUITE 2510 DENVER, CO 80238 For Northern Oaks Homeowners Association, Inc.: Batey McGraw, Director 14701 Philips Highway, Suite 300 Jacksonville, FL 32256 Either party may freely modify their respective contact person and address contained in this Paragraph by providing written, notice of the modification to the other party. Any Notice Liven as provided herein shall be deemed received as follows: if delivered by personal service, on the date so delivered; and if mailed, on the third business day after mailing. IN WITNESS WHEREOF, the parties have hereunto set their hands and sea] on the date first above written. ATTEST: 04 Christian Gowan, Interim City Clerk CITY SEAL �fiy�yl�,ti rC � '� 4W rah C* CITY OF WINTER SPRINGS By: OrPror Lacey ayo Date: APPROVED ASTO FORM AND LEGALIFF)" For the use anq efi, ice of the (I ity of Winter Springs, Florida oil, By: Anthony A. Garganese, City Attorney for the City of inter Springs, Florida DEVELOPMENT AGREEMENT City of Winter Springs Page 6 of 10 Signed, sealed and delivered in the presence or the following witnesses Mercedes M. stock Printed Name ol'WAncss Sid "Rure or Witness Lisa Tallant Printed Nartic ol'Wiuicss STATE OF Florida CO(. NI"Y 017 Duval F1 S HOMES, LLC me tn X7 ri t n tile ancyitle : Robert E. Riva, Jr., Esq. General Counsel ad Vice Nesd.nt Date, July 10, 2020 T'he foregoing instrument was acknowledged before me by means of physical presence or (_) online notarization, this 10th — day of --Ip!y 2020, by Robert E. Rive, Jr., Esq. the G--I C­­1 ,,d V—, R-Wel of Dream Finders Homes LI-C, a Florida limited liability company, on behalf of the company, who is pSEsqllally known to me or produced its identification. (NOTARY SEAL) OP Niotary PubAc StWO Of F&da Mercedes M Stock My oommrswon GG 963430 ExExpires==242724 leudy Oublic Signature) rcedes M.Stock (Print Name) Notary Public, State of Florida Commission No.- GG 963430 My Commission Expires: 02/27J2024 DEVELOPMENTAGREEMEN'r City of` Winter Springs Page 7 of 10 Signed, sealed and delivered in the presence of the following witnesses: Sirriature of Witness Glw •-, R-r"lU". (� Printed Name of witness Sri-gAature of M ess Printed Name of Witness STATE OF C� 1;-r r COUNTY OF ( oC o4k GUARDIA D�--LLC Print name and tY e: G Date: I tL2,6 The foregoing instrument was acknowledged before me by means ofj physical presence or C_) online notarization, this tl-\day of , 2020, by �p,ri QL Cj S'r (-M the C _�PO of Guardian DFH III, LLQ a limited liability company, on behalf of the company, who is personally known to me or produced C7e- ► .1 a v- k 1" p-tr1 C D as identification. (NOTARY SEAL) j cotatnbsion No. 2" all "TART �o cMMOi4su► L9s A "Ms Camm"" - m, cn. skvdns. s, sots v of Public Signature) Ak--V.P,IR, L(2�C'G ba I-1 -tI✓-6 0,e-7 (Print Name) Notary Public, State of r q (i -✓ +'i t —o Commission No.: 9 2G1 i?^0 9' My Commission Expires: M m Q 1 �Z?j DEVELOPMENT AGREEMENT City of Winter Springs Page 8 of 10 Signed, sealed and delivered in the presence ofOg f -tollowing witnesses: S31natkire (WWittiess 116nied Name or'Witness Sigim redWime" f,T-i,n,teafN'�aiiieo,fWi,ttiess STATE O�F COUNTY 04F NORTHERN OAKS HOME OWNERS ASSOCIATI( , INC. }Tint nano , of title: Date: 7-16=�, The foregoing in, rument was acknowledged b F re me by rneans of physical presence or o 2020, nline notarization, this day of -�:o—rn"eowners Northern o I` Oaks used f* of the C�®rp�oraioH—Ihlo--is7jr known to me or Pro by the As as idwitifictition. (NOTARY SFAS p bow` SARAH hAGGERTY No i a y Pubhc-,S6aof We of Rwid,,) C QMrmssGoj 4 GG 1 49,70C, My ComMjss�cri Exp�res FO.bronr qq. 2022 (Print Name) Notary Public, State of Commission No.: 66 My Commission Expires: DEVELOPMENTAGREEMENT City of Winter Springs page 9 of 10 EXHIBIT A PROPERTY LEGAL DESCRIPTION All of Lots 1 through 35 and Tracts A, B, D, E, G, H, I, J, K, M, N, NORTHERN OAKS, according to the map or plat thereof, as recorded in Plat Book 83, Pages 41 through 44, of the Public Records of Seminole County, Florida. LESS AND EXCEPT: Tract K, NORTHERN OAKS, according to the map or plat thereof, as recorded in Plat Book 83, Pages 41 through 44, of the Public Records of Seminole County, Florida. DEVELOPMENT AGREEMENT City of Winter Springs Page 10 of 10