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HomeMy WebLinkAboutBarclay Woods, LLC Developer' s Agreement -2004 07 07 - -- -~- -- -- - -~ . 1 . MARYANNE MORSE, CLERK OF CIRCUIT COURT , " SEMINOLE COUNTY BK 05418 PGS 0048-0056 CLERK'S :tt 2()C)4126749 RECORDED 08iiOiaQQ4 t)4:27:aa PM RECORDING FEES 78.00 TIDS INSTRUMENT WAS PREPARED BY: RECORDED BY L Woodle, Patrick K. Rinka, Esquire LoWndes, Drosdick, Doster, Kantor & Reed, P.A. 215 North Eola Drive Post Office Box 2809 Orlando, FL 32802-2809 (407) 843-4600 AND SHOULD BE RETURNED TO: CE Anthony Garganese, Esquire Brown Salzman Weiss & Garganese FOR RECORDING DEPARTMENT USE ONLY 225 E. Robinson St., Suite 660 Orlando, FL 32801 , (407) 425-9566 I i DEVELOPER'S AGREEMENT , ~ THIS DE~OPER'S AGREEMENT (the "Agreement") is made and executed this 7 day of .Y , 2004, by, and between the CITY OF WINTER SPRINGS, a Florida municipal corporation (the "City"), wpose address is 1126 East S.R. 434, Winter Springs, Florida 32708, and BARCLAY WOODS, LLC, a Florida limited liability company ("Barclay , Woods"), whose address is 1085 West Morse Boulevard, Suite A, Winter Park, Florida 32789. WIT N E SSE T H: WHEREAS, Barclay Woods is the fee simple owner of (or has the contractual right to purchase) certain real property located within the City in Seminole County, Florida and more particularly described in Exhibit "A", attached hereto and incorporated herein by this reference (the "Property"); and WHEREAS, Barclay Woods intends to develop the Property as a single-family residential (townhouse) community at a density of approximately ten (10) units per acre (the "Project"); and WHEREAS, pursuant to the approval of the City Commission on June 14,2004, Barclay Woods desires to facilitate the orderly development of the Project on the Property as depicted in . those certain Final Engineering Plans for Barclay Woods Townhomes - City of Winter Springs, Florida prepared by Pecht-Evans Engineering, Inc. under Job No. 14201, dated December 2003 and approved by the City Commission on June 14,~004 (the "Engineering Plans") in compliance with the laws and regulations of the City; and j WHEREAS, the City Commission has recoiIrmended entering into this Agreement with Barclay Woods for the development of the Project; and .0,. ... .. 0909516\103441\711854\10 I . . .- WHEREAS, in addition to Barclay Woods; compliance with the City Land Development Code (the "Code"), permitting and construction not in conflict herewith, the City and Barclay Woods desire to set forth the following special terms and conditions with respect to the development and 'operation of the Project. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties mutually agree as follows: ' L Recitals. The foregoing recitals are true and correct and are hereby incorporated herein by this reference. 2. Authority. This Agreement is entered into pursuant to, the Florida Municipal Home Rule Powers Act. 3.. Obligations and Commitments. ill consideration of the City and Barclay Woods entering into this Agreement, the City and!Barclay Woods hereby agree as follows: . (a) Formation of Homeowners' Association. Barclay Woods hereby', acknowledges and agrees' that it intends to form a mandatory homeowners' association (the "Homeowners' Association") for purposes of (i) maintaining any and all common areas, landscaping, walls, fences and stormwater drainage facilities associated with the Project, and (ii) satisfying the requirements for gated community status as hereinafter set forth. A separate Declaration of Covenants, Conditions and Restrictions (the "Declaration") will be executed anc~i recorded among the Public Records of Seminole County, Florida to evidence the formation of the Homeowners' Association and establish its rights, duties and obligations. (b) Buffer Walls and Fences. Notwithstanding the requirements of Section 20-417 of the Code, Barclay Woods shall install (i) a six (6) foot tall masonry wall along 'the eastern boundary line of the Property, and (ii) a six (6) foot tall aluminum fence along the , western boundary of the Property. The foregoing wall and fence shall each be erected as soon as reasonably practical and prior to any permanent vertical construction for the Proj ect. The City hereby acknowledges that a masonry wall already exists along the northern boundary line of the Property, therefore no additional wall or buffer shall be required in such location, notWithstanding the requirements of Section 20-417 of the Code to the contrary. (c) Signage. The City hereby acknowledges and agrees that Barclay Woods' shall have the right; upon the full execution of this Agreement, to erect construction signs, marketing signs and temporary signs (including up to four (4) "banner" signs) as described in Sections 20.A70(1O), 20-470(11) and 20-470(16) of the Code, in locations reasonably acceptable to the City, which signs shall be permitted to remain for a period of nine (9) months from the date hereof. Barclay Woods shall thereafter have the right to erect permanent Project identification signage at the main entrance to the Project, which shall consist' of lettering attached to the two entrance walls spellmg "Barclay Woods" (total signage dimensions to be approximately 1 foot high and 11 feet wide). Any construction signs or marketing signs erected on the Project shall not ex~eed sixty~four 0909516\103441\711854\10 Developer's Agreement - 2 - , , (64) square feet in size. The City hereby acknowledges and agrees that the Project shall not be subject to the fourteen (14) day limitation on the erection of temporary "banner" signs as provided in Section 20:-470(16) of the Code. Barclay Woods and its successors and assigns shall maintain all ofthe signs erected pursuant to this Section 3(c) in a good condition and state. of repair. .. (d) Reimbursement for Water Line/Force Main. Barclay Woods, or its successors or assigns, shall be obligated to reimburse th~ City for a portion of the construction costs previously incurred in connection with the installation of the existing water line and force main that will serve the Project (the "Utility Costs"). Barclay Woods' . , pro. rata share of the Utility Costs shall be calculated on the basis of the number of residential units approved for the Project and shall be paid to the City prior to the issuance of a ~onstructionpermit for the Project site work. , (e) Gated Community. The City hereby agrees that in the event that Barclay Woods provides reasonable eVid~ce that the Homeowners' Association has been duly., , formed' and incorporated under the laws of the State of Florida as a mandatory homeowners' association with the authority and obligation to levy and collect regular and special assessments for the ongoing operation, maintenance and repair of any and all ,gates, recreational areas, streets and stormwater drainage systems, and any other common areas located within the Project (hereinafter referred to as the "Private Roadway Improvenients") andotherwise complies with the requirements of Section 9--157 of the Code, the City shall grant gated community status for the Project. Barclay Woods acknowledges that the internal Pr~ject roadways comprising the Private Roadway Improvements are designed at Barclay Woods' request and sole risk as twenty-two (22) foot wide inverted crown sections and do not meet City design standards as set forth in Sections 9-147 and 9-296 of the Code, therefore such roadways shall not become part of the City roadway system (and must remain private) in the future. The Homeowners' Association shall have the obligation, at its sole cost and expense, to maintain, repair and replace (as ,necessary) th,e Private Roadway Improvements as described above, which obligation shall run with title to the residential lots within the Project as evidenced in the Declaration. The Declaration shall also establish such access and utility easement rights in favor of the Homeowners' Association and residents of the Project as may be necessary for the orderly use and development of the Project. City and' other governmental emergency, code enforcement, public and utility service personnel and vehicles, shall be allowed access into .the Project in accordance :with Section 9-157(b) of the Code. In addition, Barclay Woods shall construct a stabilized twenty (20) foot emergency access road, which road shall be constructed with recycled concrete fines and a top layer of woodchips and shall also include a vegetative barrier. (f) Building Setbacks. The City hereby acknowledges and agrees that since , all streets and roadways within the,Project will be private, the fifteen (15) foot building setbacks normally required from publicly-dedicated rights-of-way (pursuant to Section 20-482 of the Code) shall not be required. Nevertheless, individual buildings within the Project (including patios and privacy walls) shall be constructed no closer than tWenty (20) feet from the back of the curb of the private streets and roadways ~ set forth in the Engineering Plans, and no part of any residential building (including patios and privacy 0909516\103441\711854\10 Developer's Agreement - 3 - . , walls) shall be constructed in common areas. In addition, the City hereby agrees that the rear setback requirement shall be reduced from ten (10) feet to seven (7) feet. (g) Sidewalks. The City hereby agrees that all internal sidewalks within the Project shall only be required to be four (4) feet in'width in accordance with Section 9- . 221 of the Code. In addition, the Declaration shall establish easement rights in favor of the Homeowners' Association to permit sidewalks to extend into individual townhouse lots as depicted in the Engineering Plans. (h) Model Units/Sales Office. Upon the completion of.the first building on the Property pursuant to the Engineering Plans (the "Model Building"), Barclay Woods shall have the right to utilize four (4) units within such building as "model" units for sales and marketing efforts. In addition, Barclay Woods shall have the right to utilize one garage in the Model Building as a temporary sales office. The Model Building shall meet all applicable handicap accessibt' 'ty requirements prior to being opened for business. The. Model Building ~hall be con erted to permanent residential units at such time as the .,'. _', , ' Project development'Is completed ' (i) Construction Trailer. During the period from the date hereof through and until the completion of the construction of the Project, Barclay Woods shall have the right to maintain one (1) trailer on the Property for use by its contractors and construction workers. CD Trash/Refuse Service. / The City hereby agrees that trash and refuse pickup will be provided for each individual residential unit, therefore no Project dumpsters will be located on the Property as otherwise required pursuant to Section 9-280 of the Code. (k) Platting. Barclay Woods shall be required to plat the Property, in accordance with Section 9-75 of the' Code. Barclay Woods shall submit a proposed 'lighting plan to the City contemporaneously with its submittal ofthe proposed plat. (1) On Street Parking. Parking shall not be permitted along the internal Project roadways. Barclay Woods will provide separate remote parking areas to accommodate visitors and guests. (m) Patios. The residential units within the Project are intended to include . , covered patios. Barclay Woods hereby acknowledges and agrees that no covered patio area or any screened enclosure is to be enclosed in any manner whatsoever so as to become a part of the living area of any attached single-family residence. (n) Recreational Area. Barclay Woods shall be requIred to provide a recreational area within the Project in accordance with the Engineering Plans. (0) Stormwater Pond Maintenance Berm. The City hereby agrees that Barclay Woods shall only be required to maintain a six (6) foot maintenance berm around the Project retention pond rather than a ten (10) foot berm as required pursuant to Section 9- 24l(d)(3) of the Code. 0909516\103441\711854\10 Developer's Agreement - 4 - . , 4, Representations of the Parties. The City and Barclay Woods 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 Barclay Woods and recorded in the Public Records of Seminole County, Florida, constitute a legal, valid an9 binding obligation enforceable against the parties hereto and the Property in accordance with the terms and conditions of this Agreement. Barclay Woods represents that it has voluntarily and willfully executed this 'Agreement for purposes of binding the Property to the terms and conditions set forth in this Agreement. 5. Successors and Assil?:ns. 'This Agreement shall automatically be binding upon and shall inure to the benefit of the ~ity and Barclay Woods 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 s-:t . 6. Applic'abl~'Law. "This' A~~~ment shall be governed by and construed in accordance with the laws of the State of Florida. T. 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; . 8. Entire Al?:reement. This Aweement supersedes any other agreement, oral or written, and contains the entire agreement between the 'City, and Barclay Woods as to the subject matter hereof. 9. Severabilitv. If any provision of this Agreement shall beheld to be invalid or unenforceable to any extent by a court of competent jurisdiction, the same sh~ll not affect in any respectthe validity or enforceability ofthe remainder of this Agreement. 10. . Effective Date. , This -Agreement shall become effective upon approval by the City Commission and execution of this Agreement by both parties hereto. 11. Recordation. This Agreement shall be recorded in the Public Records of Seminole County, Florida. 12. Relationship of the Parties. The relationship of the parties to this Agreement is contractual and Barclay Woo,ds is an independent contractor 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 reiationship with the other. 13. Sovereil?:n Immunitv. 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 any other limitation on the City's potential liability under the state and federal law. 0909516\103441\711854\10 Developer's Agreement - 5 - 14. City;s Police Power." Barclay Woods agrees and acknowledges 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. 15. 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. 16. Permits. The failure of this Agreement to address any particular City" county, state, and/or federal permit, condition, term, or restriction shall not relieve Barclay Woods or the City of the necessity of complying with the law governing said permitting requirements, conditions, term, or restriction. 17. Third-Party Ri2hts. 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. 18. Specific Performance. Strict compliance shall be' required with each and every provision of this Agreement. The ,parties agree that failure to perform the obligations provided by this Agreement shall result in irreparable damage and that specific performance of these obligations may be obtained by a suit in equity. 19. Attorney's Fees. In connection with any arbitration or litigation arising out of this Agreement, the prevailing party shall be entitled to recover reasonable attorney's fees and costs through all appeals to the extent permitted by law. 20. 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. The failure of this Agreement to address any particular City, County, State and/or Federal permit, condition, term or restriction shall not relieve Barclay Woods or the City of the necessity of complying with the law governing said permitting requirement, condition, term or restriction. [SIGNATURES FOLLOW ON NEXT PAGE] 0909516\103441\711854\10 Developer's Agreement - 6 - IN WITNESS WHEREOF; the parties have hereunto set their hands and seal on the date first above written. CITY OF WINTER SPRINGS ~. ~. , .. I APPROVED AS TO FORM AND LEGALITY .. ~ . "", \ For the use and reliance of the City of Winter "~.\\i\3S "'" ''\ \ , Springs, Florida, only. ? ..., ~ I ....... ,."'t, '-/... ", aLf ~ . j ,. . . ,~. ~ ',--,- / Dated: c::; . 'Q}TY ~" . JJ .... ':>00,. . ..0 , "'.... :. .t -~ ' -;, C-II --.:.; ~ -<, ~:' ;E" I " . '-:s..- I ": .", "', . C .~~: . r " r; ,~' ''I ' "eJ' ,..., J .~" "f- - " ~.,~ o. .j _ ~ .....__';;:,., .: ", '<0,,'.... .......S..: .t} 0... '\ f.;.\ _ " S';)\~\\;. ,~,~ . "t . " ,...." '. ,.... ~\\,',,",' 0909516\103441\711854\10 Developer's Agreement - 7 - , Signed, sealed and delivered in the BARCLAY WOODS, LLC, a Florida limited presence of the following witnesses: liability company /~~~, By: \Ce ~ Signature of Witness Printed Name:~....r. - c'rk~r ~ f*!~/CK K. RI,(/,<A Printed Name,of Witness TItle: IM~I'\... '; "" ~r '\ ....~.r-- -/ , STATE OF FL~A ,COUNTY OF . n~r-- J l The foregoing instrument was acknowledged before me this, day of u~ ,2004, by u rLe , as It-. wI" of B CLAY WOODS, LLC, a limited lia,bili company, on behalf of s id ompany. He is personally known to me or produced I as identification. - (N'~~~~ (NOTARY SEAL) / (Print Name) ",''!iil,'fi:,'" 'Amy M Holden Notary Public, State of tf'l~: MY COMMISSION # DD205102 EXPIRES Commission No,: ;,"': '11 Ap '121 2007 ;'..l:'.'__~ .~.: n , My Comniission Expires: "'.1,.;'':'"''~ BONDED THR\llllOYFAlN INSURANCE. INe; 'I'j,Hfll~~ . . 0909516\103441\711854\10 Developer's Agreement - 8 - \ ; . . J EXHIBIT "A" Legal Description - The West 2/5 of the East 5/8 of the North 1/4 of the Southeast 1/4 (LESS the East 165 feet) of '. Section 4, Township 21 South, Range 31 East, Seminole County, Florida; less that part lying within the right-of-way of State Road 434. 0909516\103441\711854\10 Developer's Agreement - 9 -