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HomeMy WebLinkAboutMattamy Orlando, LLC First Modification to Development Agreement (Hickory Grove Townhomes) - 2023 03 02 GRANT MALOY, SEMINOLE COUNTY CLERK OF CIRCUIT COURT 8, COMPTROLLER CFN#2023021361 Bk:10402 Pg:562-572(11 Pgs) REC: 03/09/2023 8:13:34 AM by jeckenroth RECORDING FEES $95.00 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. 111 N.Orange Avenue,Suite 2000 Orlando,FL 32802 (407)425-9566 FOR RECORDING DEPARTMENT USE ONLY FIRST MODIFICATION DEVELOPMENT AGREEMENT Hickory Grove Townhomes THIS FIRST MODIFICATION TO THE DEVELOPMENT AGREEMENT ("Agreement") is made and executed this IJ day of M i r c h , 2023, 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 MATTAMY ORLANDO LLC, a Florida limited liability company, as successor in title to JUANITA D. BLUMBERG, as Trustee of the Juanita D. Blumberg Revocable Trust dated May 3, 2004 ("Developer"), whose address is 2450 Maitland Center PKWY, #300, Maitland, Florida 32751. WITNESSETH: WHEREAS,Developer is the current owner of approximately 12.3 acres, more or less, of real property located in the Winter Springs Town Center,T4 Transect,generally north of Blumberg Boulevard and bounded by Tuskawilla Road and Bear Springs Drive, Winter Springs, Seminole County, Florida, as more particularly described herein; and WHEREAS,Developer's predecessor in title entered into a Development Agreement with the City, dated June 27,2022 and recorded at Seminole County Official Record Book 10270, Pgs: 223-239(17 Pgs.)("Development Agreement"), in order to construct a townhome unit subdivision on the Property with a maximum of 132 units ("Developer's Project"); and WHEREAS, as a condition of approval for the Developer's Project, Section 6 (F) of the Development Agreement requires Developer to revise the stormwater drainage plan to connect a 15-inch stormwater outfall pipe to an existing manhole located offsite on property owned by the State of Florida so the Developer's stormwater system would connect to the City's existing stormwater system between the Cross-Seminole Trail and Lake Jesup ("State Stormwater Connection"); and 1 WHEREAS, subsequent to the recording of the Development Agreement, the Parties determined that the State Stormwater Connection may not be the most mutually beneficial option for Developer's stormwater outfall connection and that a more mutually beneficial stormwater outfall connection for the Project would likely be for the Developer to participate in a drainage enhancement project("City Project") currently being designed by the City for the City's Wetland Park property(Parcel ID#31-20-31-5TC-0000-OOBO)located on the east side of Tuskawilla Road, for purposes of connecting the Developer's stormwater outfall system to the City's existing stormwater system between Wetland Park and Lake Jesup (the "Wetland Park Stormwater Connection"); and WHEREAS, the intent and purpose of this First Modification is to modify the Development Agreement to provide for the Developer to construct the Wetland Park Stormwater Connection in lieu of the State Stormwater Connection in accordance with the terms and conditions of this First Modification so Developer can proceed with the construction of the Project; and WHEREAS,this First Modification to 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 Property. The real property subject to this Agreement has a tax parcel identification number of 26-20-30-5AR-OB00-028E, with the current address of 141 Bear Springs Drive in Winter Springs, and is legally described in EXHIBIT "A", attached hereto and fully incorporated herein by this reference ("Property"). 4.0 Modification of the Specific Conditions of Approval - Section 6 (F). Section 6.0 (F) of the Development Agreement is hereby amended in its entirety as follows: F. The Developer has submitted a revised stormwater drainage plan reflecting the Wetland Park Stormwater Connection as depicted on EXHIBIT "B", attached hereto and which is fully incorporated herein by this reference ("Revised Plan"). The Revised Plan, which has been simultaneously approved by the City with approval of this Agreement, includes: (1) Developer, at its sole expense, installing a 15-inch RCP stormwater pipe to connect the Project's stormwater outfall to an existing inlet located within the existing Tuskawilla Road right-of-way, said inlet being part of an existing stormwater system that discharges into the existing High School/City joint use stormwater pond located in the southeast corner of Parcel ID# 26-20-30-5AR- OB00-0190, such pond itself being designed to discharge at capacity to the City's 2 Wetland Park via existing pipes under Tuskawilla Road and with the flows entering the Wetland Park eventually sheet flowing towards Michael Blake Boulevard where they are captured by existing inlets and pipes that convey thein to Lake Jesup; (2) removing all sediments within the inlet and existing storm pipe to ensure a clean connection from the Project outfall to the High School/City joint use pond; and (3) re-grading any right-of-way, swales and land affected by the work required by items (1) and(2) above. In conjunction with the aforesaid commitment by Developer, the City will include the Project into the City's Wetland Park stormwater enhancement project ("City Project"), which is currently underway, by designing, engineering, permitting, surveying and constructing enhancements that raise the storage volume of Wetland Park in order to acconnnodate the additional stormwater runoff volume from the Developer's Project. The Parties will cooperate in this endeavor, and Developer's engineers (who shall be qualified and experienced in stormwater engineering and permitting)will be allowed to provide input into the design and permitting process for the City Project to the extent affected by the additional stormwater runoff volume from the Developer's Project. Developer agrees to contribute financially to the City Project as hereafter provided. First, Developer shall reimburse City one-third (1/3) of the cost for design, engineering and design surveying performed by Pegasus Engineering under the scope of services set forth in City Purchase Order #202300000494 provided, however, Developer's reimbursement in regard to such City Purchase Order shall not exceed TWENTY-FIVE THOUSAND TWO HUNDRED AND FORTY- FOUR DOLLARS AND TWELVE CENTS ($25,244.12). Once such design, engineering and design surveying has been substantially completed, Pegasus Engineering shall provide the Parties an engineer's cost estimate for additional costs the City will incur in constructing the City Project to accommodate Developer's stormwater along with the City's ("Incremental Costs"). hicremental Costs shall be limited to the actual difference between the cost of the City Project constructed to include the stormwater discharge from Developer's Project and the cost of the City Project if it was designed and constructed solely to address City's stormwater/flooding issue. By way of illustration and not limitation, if including the Developer's Project's stormwater discharge triggers the need for a 15-inch (15") diameter pipe when a 12-inch (12")diameter pipe would have been sufficient if the City Project were only addressing the City's stormwater / flooding issue, Developer shall reimburse City for the difference in cost between the 15" pipe and the 12" pipe. Likewise, any additional cost in labor or other expenses, such as wetland mitigation necessitated by inclusion of the Developer's Project's stormwater discharge, if any, shall be included in the Incremental Costs. City anticipates Pegasus Engineering will have completed 60% design plans by the end of the first week of April,2023, and aspires to have the necessary St. Johns River Water Management District Permit issued by mid-July, 2023. The Parties shall use reasonable diligence to achieve such timeline, but neither shall be held responsible for delays beyond the control and without the fault of the Parties. Such causes may include but shall not be limited to, acts of God, including adverse weather conditions, epidemic, pandemic, flood, or similar occurrence; strikes or other 3 labor controversies; acts of terrorism or declarations of war; shortages of materials (including temporary disruptions in supply chains which result in an unusual increase in the cost of materials in excess of ordinary and customary price fluctuations) or inability to obtain labor or the timely delivery of materials; fire or other casualties; orders or requirements of any govermnental authority. City shall commence construction of the City Project as designed to include Developer's Project's stormwater discharge as soon as it has received all necessary permits and approvals and executed a construction contract pursuant to its usual contract procurement procedures. Once commenced, City shall diligently prosecute such work to completion. Upon completion and acceptance of such work City shall provide Developer an invoice for the Incremental Costs together with customary supporting documentation. Developer shall reimburse City for the Incremental Costs within thirty (30) days of its receipt of said invoice and documentation. In the event Developer disputes any portion of the Incremental Costs Developer shall provide written notice of such dispute to City within ten (10) days of its receipt of the City's invoice. The Parties shall promptly seek to resolve any such dispute, but Developer shall still pay City all undisputed amounts within thirty (30) days after its receipt of the City's invoice. In the event that City staff, the Developer and their respective engineers are unable to resolve any disputed amount before the end of the thirty (30) day payment period, said dispute shall be elevated on the thirty-first (31") day to the City Manager and the Developer's Director of Land Acquisition and Entitlement — Orlando Division. If the Parties have failed to resolve the dispute within thirty(30)days after such elevation, the Parties shall be free to pursue any and all other remedies available. Upon the Effective Date (as hereinafter defined), City shall promptly issue the pending Building Permit / Site Permit and Developer shall be free to commence construction of the Developer's Project in accordance with the Development Agreement, Final Engineering Plans, and the Construction Management Plan submitted to the City by Developer on or about August 10, 2022, including constructing the Wetland Park Stormwater Connection as depicted on the Revised Plan with no further conditions being imposed by the City. Furthermore, Developer shall be allowed to continue development of Developer's Project including, but not limited to, platting, site development(including construction of ponds and internal stormwater management facilities, construction of streets and sidewalks and installation of utilities), pulling building permits, constructing model homes, constructing residential dwelling units, obtaining certificates of completion and obtaining certificates of occupancy,prior to the completion of the City Project so long as the stormwater discharge rate from the Property during such development does not at any point exceed the Property's pre-development stormwater discharge rate which, the Parties agree, is 6.56 efs for the 25-year/24-hour storm event. As an interim and temporary measure, Developer shall regrade and maintain the ditch within the City's right-of-way on the west side of Tuskawilla Road north of the high school access road and south of the Seminole Trail and discharge there until such time as the City completes the permitting and construction of the City Project improvements at which time Developer shall promptly connect to the City's Wetland Park stormwater system. City and Developer shall both monitor the stormwater discharge rate and City agrees that so long as it does not exceed the pre-development storinwater discharge rate, City shall not unreasonably withhold permits or fail to approve plans for the Developer's Project. However, if at any time it reasonably appears, based on customary engineering calculations, that further development activity will cause the Property's stormNvater discharge rate to exceed the pre- 4 development discharge rate, additional development activity shall not be commenced unless and until Developer has taken necessary steps to re-establish the pre-development discharge rate. Consistent with §166.033(5), Fla. Stat., City shall not require as a condition of processing or issuing a development permit or development order, as those terms are legally defined in s. 163.3164, Fla. Stat., that Developer obtain a permit or approval from any state or federal agency unless the agency has issued a final agency action that denies the federal or state permit before the municipal action on the local development permit. Developer shall be responsible for maintaining the Developer's Project's stormwater system up to the inlet connection on Tuskawilla Road and Developer shall submit an annual signed and sealed stormwater report to the City associated with the Developer's Project's stormwater management system up to such inlet. The report shall document the conditions and operation and maintenance of the stormwater ponds and control structures. Once a Homeowner's Association ("HOA") for Developer's Project has been formed and is functioning, Developer shall assign its obligations under this paragraph to such HOA and Developer shall be relieved of same. 5.0 Effective Date. This First Modification to Development Agreement shall become effective upon approval by the City Commission and execution of this First Modification by both parties hereto. 6.0 Recordation. Upon full execution by the Parties, this First Modification 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 First Modification. 7.0 Other Terms.All other provisions of the Development Agreement not modified by this First Modification shall remain in full force and effect. In the event of any conflict or ambiguity between the terms of the Development Agreement and this Agreement, this Agreement shall control. IN WITNESS WHEREOF, the parties have hereunto set their hands and seal on the date first above written. CITY OF WINTER SPRINGS Kevin McCann, Mayor Date: ,,- -def --7-6,43 ATTEST: B ' i ��• 4 i.t Y�. �, Christian Gowan, City Clerk CITY SEAL APPROVED AS TO FORM AND LEGALITY For the use and reliance of the City of Winter Springs, Florida only.. Date: By: KuthtIJA. Garganese, City Attorney for the City of Winter Springs, Florida 6 Signed and sealed in the presence of: MATTORLANDO LLC, a Delaware limited thbility company i. By: Print Name: p 4.51 '1 /4 Cs t i c!4 e Printed Na e: 3 ON W001Z Title: Av Date: 3•�.. 1-.U13 Print Name: T��.ra, STATE OF FLORIDA ) ss: COUNTY OF ORANGE ) The foregoing instrument was sworn to, subscribed and acknowledged before me this Z.NGHay of —, 2023 by Jo�J 0�2zo R. as AVP of Mattamy Orlando LLC, a Delaware limited liability company, on.,behalf of the company. They appeared before me by means of. [_] online notarization, or [ ' physical presence and is [personally known to me, or[_] has produced as identification. (Signature of Notar P blic) Et GILLIAN CHUNG MILLERPrint Name: 61,—" Aj G 41 Lt"i1C,Notary Public-State of FloridaCommission#HH 355683 Notary Public, State of Florida My Comm.Expires Feb 26,2027 Bonded through National Notary Assn. COmmlSSlori NO.: l0 My Commission Expires: DEVELOPER IS HEREBY ADVISED THAT SHOULD DEVELOPER FAIL TO FULLY EXECUTE, AND DELIVER TO THE CITY, THIS FIRST MODIFICATION WITHIN THIRTY (30) DAYS FROM THE DATE THAT THE CITY COMMISSION APPROVES THIS FIRST MODIFICATION, THIS FIRST MODIFICATION, AND THE MODIFICATIONS REFERENCED HEREUNDER, SHALL AUTOMATICALLY BE DEEMED NULL AND VOID. 7 EXHIBIT "A" A PORTION OF LOTS 28, 29 AND 30, BLOCK B, D.R. MITCHELL'S SURVEY OF THE LEVY GRANT ON LAKE JESSUP AS PER PLAT THEREOF AS RECORDED IN PLAT BOOK 1,PAGE 5 OF THE PUBLIC RECORDS OF SEMINOLE COUNTY,FLORIDA; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF LOT 28, BLOCK B, D.R. MITCHELL'S SURVEY OF THE LEVY GRANT ON LAKE JESSUP AS PER PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 5 OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA AND RUN SOUTH 71°24'38" EAST ALONG THE NORTH LINE OF SAID LOTS 28 AND 29 AND THE SOUTH RIGHT OF WAY LINE OF SECOND STREET FOR A DISTANCE OF 333.41 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 71024'38" EAST ALONG SAID LINE FOR A DISTANCE OF 533.01 FEET TO A POINT ON A CURVE CONCAVE SOUTHWESTERLY HAVING TANGENT BEARING OF SOUTH 65037'28" EAST AND A RADIUS OF 358.00 FEET; THENCE DEPARTING SAID NORTH LINE OF LOTS 28 AND 29 AND THE SOUTH RIGHT OF WAY LINE OF SECOND STREET AND RUN SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 39008'43" FOR A DISTANCE OF 244.59 FEET TO THE POINT OF TANGENCY; THENCE RUN SOUTH 26°28'45" EAST, A DISTANCE OF 237.47 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 142.00 FEET AND A CENTRAL ANGLE OF 45°00'00"; THENCE RUN SOUTHEASTERLY ALONG THE ARC OF SAID CURVE FOR A DISTANCE OF 111.53 FEET TO THE POINT OF TANGENCY; THENCE RUN SOUTH 71'28'45" EAST, A DISTANCE OF 253.56 FEET TO A POINT ON A CURVE CONCAVE SOUTHERLY AND HAVING A TANGENT BEARING OF SOUTH 72024'14" EAST AND RADIUS OF 82.00 FEET; THENCE RUN SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 12029'09" FOR A DISTANCE OF 17.87 FEET TO THE POINT OF TANGENCY; THENCE RUN SOUTH 59°55'05" EAST, A DISTANCE OF 40.83 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 30.00 FEET; THENCE RUN SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 90000'00" FOR A DISTANCE OF 47.12 FEET TO THE POINT OF TANGENCY;THENCE RUN SOUTH 30°04'55" WEST ALONG THE WESTERLY RIGHT OF WAY LINE OF TUSKAWILLA ROAD (FORMERLY BRANTLEY AVENUE) FOR A DISTANCE OF 261.86 FEET; THENCE DEPARTING SAID RIGHT OF WAY LINE AND RUN ALONG THE NORTHERLY LINE OF PARCEL 6 AS PER THE WARRANTY DEED AS RECORDED IN OFFICIAL RECORDS BOOK 4164, PAGE 1552 OF THE PUBLIC RECORDS OF SEMINOLE COUNTY,FLORIDA FOR THE FOLLOWING COURSES: FROM A POINT BEING ON A CURVE CONCAVE NORTHWESTERLY AND HAVING A TANGENT BEARING SOUTH 30004'55" WEST AND A RADIUS OF 15.00 FEET; THENCE RUN SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 39019'07" FOR A DISTANCE OF 10.29 FEET TO THE POINT OF TANGENCY; THENCE RUN SOUTH 69024'02" WEST FOR A DISTANCE OF 53.25 FEET; THENCE NORTH 60043'32" WEST FOR A DISTANCE OF 136.29 FEET; THENCE NORTH 71'24'05" 8 WEST FOR A DISTANCE OF 498.39 FEET; THENCE DEPARTING SAID NORTHERLY LINE OF PARCEL 6 AND RUN ALONG THE NORTHERLY LINE OF PARCEL 4 AS PER THE WARRANTY DEED AS RECORDED IN OFFICIAL RECORDS BOOK 4056, PAGE OF 0428 OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA FOR THE FOLLOWING FIVE (5) COURSES: THENCE RUN NORTH 18°35'55" EAST FOR A DISTANCE OF 137.55 FEET; THENCE NORTH 71°24'05" WEST, A DISTANCE OF 293.20 FEET; THENCE RUN NORTH 00°00'00" EAST FOR A DISTANCE OF 200.02 FEET; THENCE NORTH 83031'22" WEST, A DISTANCE OF 105.03 FEET; THENCE NORTH 71-24-05" WEST, A DISTANCE OF 162.54 FEET TO A POINT ON EASTERLY LINE OF A TRACT OF LAND AS PER THE WARRANTY DEED AS RECORDED IN OFFICIAL RECORDS BOOK 4423, PAGE 1797 OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA; THENCE RUN NORTH 18°35'55" EAST ALONG SAID EASTERLY LINE FOR A DISTANCE OF 325.13 FEET TO THE POINT OF BEGINNING. CONTAINS 535,912 SQUARE FEET OR 12.303 ACRES MORE OR LESS. 9 EXHIBIT "B" REVISED STORMWATER DRAINAGE PLAN REFLECTING THE WETLAND PARK STORMWATER CONNECTION 10 i 'aa«a ay.sa•aawa wcru wre yruu\•rMlx i Z N i YOWOi+ 57li tld5%3lNM]0 Aiq utm-n w+mrs.own n L�fu51p6N3N 31V0 uj G a o l SEIWOHNMOI BA080 AHO�IOIH a ""W ��F��n - LIE u < 33uvro xi e33u�la S a t � E� ppp pp rr ��v j �Is a g g R A�� m i�SE`d� •35 `5e�5`d�`d55 _ �����R�aa���&��@ . L Np FRR g Ft ss F R ^14 R:8 K i R o a g s k R fi p 6 tl i i t i S14:79 9 r Ell a & R y y y w � p i.Hh H h h F H HMH�HHhH _ `�. - / :I�b>`°•f€p€$€,,, JR � _ i AP' • q' '�E € €d i gRait 8taA3Fg ds€ yd€ €€ 1AadEfa <1 14 gga� II II 011 E gpgI�$gvI ��iF� i b E^ N sa eF I � I �ff e l x aYw 1 I ga Sg Cte g' � � „�? �I I �g�; . I Rt RI � �•-� gay a 1 / � �; Ira 11 F iYYY�d a. g �o . gA __ 1 dk� 8 ¢ -u. i €€ I pp I I NR iR• ! t yl—ga* p Shed' . eES:� s f�.kYits� €€� Ail g �• -_ "k•af €€ � 8 � R. g.. II mld�€€€- 9 €€€ IW3 133N5 335 3Nn 1331VY1