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HomeMy WebLinkAboutTuskawilla Office Park Binding Development Agreement -2002 02 281 1 N~~M1~1^ ,, , Prepared by and Return to: Anthony A. Garganese, City Attorney Brown, Ward, Salzman & Weiss, P.A. 225 E. Robinson Street, Suite 660 '~ P.O. Box 2873 Orlando, FL 32802-2873 P.ARCEI, I.D. NO. OI-21-30-501-0000-0550 ~ ~ ~ ~ CIN';UIT C~MT 8K 04347 PO 1670 CLERK~3 M 2002944030 03/1!/!00! 09~13~13 pl ~It~ ~ 'x1.00 o w ~ ~u~i.~- BINDING DEVELOPMENT AGREEMENT THIS BINDING DEVELOPMENT AGREEMENT, made and executed this aQ day of ~ 002, by and between the CITY OF WINTER SPRINGS a Flori da mumclpal corporation ("City") whose address is 1126 East State Road 434, Winter Springs, FL 32708, and TUSKAWILLA OFFICE PARK, L.L.C., a Florida corporation ("TOP"), whose address is 800 Westwood Square, Suite E, Oviedo, FL 32765. WITNESSETH: WHEREAS, TOP is constructing an office park development on real property located within the City of Winter Springs, Florida; and WHEREAS, the real property is currently located within the City of Winter Springs and is currently part of the Winter Springs Town Center; and WHEREAS, the parties desire to memorialize their mutual understanding that the real property will be developed as TUSKAWILLA OFFICE PARK DEVELOPMENT project in accordance with the Town Center Zoning District requirements adopted by the City, (the "Project"); and WHEREAS, the City Commission has recommended entering into a Binding Development Agreement, ("Agreement"), with TOP for the development of the Project; and FILE NIJM 200264030 ~ ~~ 0434-7 PAGE 1671 WHEREAS, in addition to TOP's compliance with all City Codes, permitting and construction not in conflict herein, the City and TOP desire to set forth the following special terms and conditions. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties mutually agree as follows: Section 1. Recitals. The foregoing recitals are hereby incorporated herein by this reference. Section 2. Authority. This Agreement is entered into pursuant to the Florida Municipal Home Rule Powers Act. Section 3. Subject Property. The real property ("Property") which is the subject to, and bound by, the terms and conditions of this Agreement is legally described on Exhibit "A" attached hereto and made a part hereof by reference. Section 4. Representations of TOP. TOP hereby represents and warrants to City that TOP 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 TOP and recorded in the public records of Seminole County, Florida, constitute a legal, valid and binding obligation enforceable against TOP and the Property in accordance with the terms and conditions of this Agreement. TOP represents it has voluntarily and willfully executed this Agreement for purposes of binding the Property to the terms and conditions set forth in this Agreement. -2- . ' FILE IiN,M~ 2002e44030 OR BOOK 4~3~7 Pf~ISE 1672 Section 5. TOP's Obligations and Commitments In consideration of the City entering into this Agreement with TOP, TOP voluntarily agrees as follows: (a) Office Structures. All office structures located on and fronting the Tuskawilla Road (Lots 1-4) shall be two (2) stories in height . All other office structures may be either one (1) or two (2) stories in height, however, TOP understands the City prefers two (2) stories pursuant to the Town Center District Code. (b) Fe tine. 4'inyl picket fencing four (4) feet in height shall be installed fifteen feet (I 5') from the north property line behind Lots 4-11 and in compliance with all City Code requirements. The design of said fence shall be acceptable to the City. (c) Wetland Buffer. In consideration of the peculiar site constraints, the property will be developed with afifteen-foot (15') wetland vegetative buffer provided said buffer is permitted by the St. Johns River Water Management District and approved by the City Commission in accordance with the City's Comprehensive Plan. (d) Wall Buffer. A six (6') foot high brick wall shall be constructed along the south property line (Oak Forrest Subdivision) from Tuskawilla Road to the west end of the detention pond. Said wall shall be fully constructed prior to the first building permit being issued for the office structures except a building permit may be issued for, and an office structure constructed on, Lot 4 simultaneously with the construction of the wall, -3- F I lE M~1 gO0e944030 OR BOOK 04347 PEiOE 1673 (e) Dumpster Pad. No Dumpster Pad shall be located along the south (Oak Forrest Subdivision) or State Road 434 property lines. A Dumpster Pad shall be located near Lot 4 (fj Li htin .All exterior lighting on the Property will be directed inward towards the Property, so as to minimize or eliminate the effects of glare on the adjacent residential property, particularly the Oak Forrest Subdivision. (g) Additional Tree Buffer. TOP acknowledges that due to site restrictions on the Property, there are several landscape gaps depicted on the Landscape Plan along the south boundary where no oak trees can be planted on the Property ("Landscape Gap"). In order to fill in the Landscape Gaps with oak trees, TOP agrees to offer the Oak Forrest Subdivision lot owners located adjacent to the south side of the wall and a Landscape Gap, an opportunity to have installed, on their lot, at TOP's expense, a 3-4" caliper oak tree(s) with a height of at least 6-8 feet. Said oak trees shall be installed in addition to the landscaping required on the Landscape Plan and prior to the completion of the wall at a spacing distance of 45 feet, unless a lot owner states in writing that they do not desire a tree(s) in which case the spacing distance may be greater to accommodate that lot owner's desire not to have a tree. Any tree planted pursuant to this subparagraph (g) shall be counted for purposes of satisfying TOP's Tree Replacement requirements. TOP shall also require the nursery providing the oak trees to provide each lot owner with the nursery's standard tree warranty. -4- FILE N11N1 EOQgµ4O30 Olt ~001~ 043+7 pMtAE 1674 (h) Parks. Aland area west of Lots 1-3 shall be developed as a passive park including paved walkways, park benches, street lighting, and landscaping material suitable to the City and consistent with the Town Center design theme of the Project. Final details shall be subject to the City Manager's approval. (i) Arbor Ordinance Requirement. (A) In consideration of trees which shall be cut, removed or destroyed from the property by TOP or its agent, TOP shall replace trees or monetarily compensate the City as provided in the Arbor Ordinance according to the Tree Replacement Assessment established by the City. TOP may deduct from their Tree Replacement Assessment, Tree Replacement credits based on the number of replacement credits as provided in the Preferred Plant List, provided that: (i) All plant materials are Florida Grades and Standard One (1) or better; and (ii) All plant materials are properly installed; maintained and replaced as deemed necessary under the City's Arbor Ordinance. (iii) Tree removal inspection fee to be capped at $200.00 for all trees to be removed on the Property. (iv) The landscape plan for the proposed development to which the credits are to be applied is prepared by a landscape architect licensed by the State of Florida. (B) For purposes of this Section 5, the following words shall have the meaning ascribed below unless the context clearly indicates otherwise: -5- FILE MGM Pb0~44O3O OR SO011 4347 P~f~1~E 1673 (i) "City Arbor Ordinance." City Arbor Ordinance shall mean Chapter 5 of the City Code of Ordinances otherwise known as the city Arbor Ordinance. (ii) "Preferred Plant List." Preferred Plant List shall mean that list of plant materials and corresponding Tree Replacement Credits shown in Exhibit "B" of this Agreement. (iii) "Tree Replacement Assessment." Tree Replacement Assessment shall mean the total amount of monetary compensation owed to the City of Winter Springs as provided in the Arbor Ordinance for the replacement of trees cut, destroyed, or removed from a property in the City as a result of development or redevelopment. (iv) Tree Replacement Credit. Tree Replacement Credit shall be equal to One Hundred Dollars ($100.00) and no cents in tree replacement value. Additionally, TOP agrees to install and maintain in a first class condition landscaping on the Property in accordance with the Landscape Plan attached hereto as Exhibit "C," which is hereby fully incorporated herein by this reference. TOP shall promptly replace dead trees and shrubs to a condition equal to or better than required by the Landscape Plan. (j) Setbacks. Building front set back shall be 0-10 feet, side set back shall be 0-10 feet and rear set back shall be 0-10 feet. Section 7. Successors and Assigns. This Agreement shall automatically be binding upon and shall inure to the benefit of the successors and assigns of each of the parties. -6- , FILE M,MI EOO~li4+1030 ~ ~~ 04347 P~iYE 1676 Section 8. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Section 9, Amendments. This Agreement shall not be modified or amended except by written agreement duly executed by both parties hereto and approved by the City Commission. Section 10. Entire Agreement. This Agreement supersedes any other agreement, oral or written, and contains the entire agreement between the City and TOP as to the subject matter hereof. Section 11. Severability. If any provision ofthis 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 ofthis Agreement. Section 12. Effective Date. This Agreement shall become effective upon approval by the City of Winter Springs City Commission and execution ofthis Agreement by both parties. Section 13. Recordation. This Agreement shall be recorded in the public records of Seminole County, Florida, and shall run with the land. Section 14. Relationship of the Parties The relationship of the parties to this Agreement is contractual and TOP 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 relationship with the other. Section 15. Sovereign Immuni~. 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 state and federal law. -7- FILE N~NM gpp~4,~O30 ~ >~i 0~~7 ~fiEE 1677 Section 16. City's Police Power TOP 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. Section 17. Interpretation. The parties hereby agree and acknowledge that they have both participated equally in the drafting ofthis Agreement and no party shall be favored or disfavored regarding the interpretation to this Agreement in the event of a dispute between the parties. Section 18. Permits. The failure ofthis Agreement to address any particular City, county, state, and federal permit, condition, term, or restriction shall not relieve TOP or the City of the necessity of complying with the law governing said permitting requirements, conditions, term, or restriction. Section 19. Third Partv 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. Section 20. ~ecific Performance. Strict compliance shall be required with each and every provision ofthis 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 suit in equity. Section 21. Attorney's Fees. In connection with any arbitration or litigation arising out ofthis Agreement, the prevailing party shall be entitled to recover reasonable attorney's fees and costs through all appeals to the extent permitted by law. Section 22. Future Rezonin~s/Development Permits Nothing herein shall limit the City's authority to grant or deny any future rezoning or development permit applications or requests -8- FILE NUM gppg~4O3O ~ ~001't 0~3~7 PiAAE 1678 subsequent to the effective date of this Agreement. In addition, nothing herein shall be construed as granting or creating a vested property right or interest in TOP or on the Property. IN WITNESS WHEREOF the parties have hereunto set their hands and seal on the date first above written. Signed, sealed and delivered in the presence of.• By ,,, (Print Name of Witness) TUSKAWILLA OFFICE PARK, L.L.C a Florida Corporation ~~•~ ,,,, S nA BIE ~' as Attonn~;y,in Fact for William Barrett;T`sidetit '' ` • ° ' ' ~~ > n ~ ~ ', ~ i r~ "s~ \ '^ CITY OF ~I1~1~I~PRIN~S, ~~ ~ - ~; Flori ~'` . ~~ Corpora~ion,®~ i "° ~ ~, ~ ~,, •. ' w Y~ ~. > . ,. ~F .. - PAUL 1T'. PARTY~~A,; x~0~.= REA LO NZO-LUACES City Clerk NOTARIAL ACKNOWLEDGMENT STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this L ~ day of ~ ~~„ , 2002, by SANRDA BIERLY, as Attorney in Fact for William Barrett, as the President of TUSKAWILLA OFFICE PARK, L.L.C.., a Florida corporation, .~_~, who is personally known to me, or ~!~'who has produced ~L 'Dr ~ v Cr :, L; crtse as identification. •R4 ~G-~rqg -SL-G31-a ~$tJ$A NDRtDGE Caovr CC8721Q9 ~n EXPIRE ~ ncv~rrt~ wm,uv (SEAL) ~+- .. OTARY P LIC, State lorida My commission expires: -9- FILE I~N,NI 800Ei4~O3p ~ ~1 0~~7 1679 EXHIBIT "A" The real property ("Property") which is the subject to, and bound by, the terms and conditions of this Agreement is legally described on Exhibit "A" attached hereto and made a part hereof by reference. Legal description: THAT PORTION OF LOTS 53, 54, 55, 58, 59, 62, 63 AND THOSE UNIlvIPROVED RIGHT-OF-WAYS LYING BETWEEN LOTS 55 AND 58, LOTS 59 AND 62 AND THE NORTH %2 OF THAT 30' VACATED RIGHT OF WAYLYING SOUTHERLY OF LOTS 55, 58, 59, 62 AND 63, D.R. MITCHELL'S SURVEY OF THE LEVY GRANT, ACCORDING TO THE 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 TIC SOUTINVEST CORNER OF THE AFOREMENTIONED LOT 63; THENCF, RU?1 SOUTH 87°02'40" EAST, ALONG THE SOUTH LINE OF LOT 63, !'. DISTANCE OF 62.14 FT~ET TO THE POINT OF BEGINNING; THENCE DEPARTING SAID SOUTH LINE RUN SOUTH 02°57'20"WEST, A DISTANCE OF 15.00 FEET TO THE CENTERLINE OF A 30' UNIMPROVED RIGHT OF WAY VACATED IN OFFICIAL RECORDS BOOK 4112, PAGE 0597 OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA; THENCE RUN SOUTH 87°02'40" EAST ALONG SAID CENTERLINE A DISTANCE OF 1129.20 FEET TO THE WESTERLY RIGHT-OF-WAY OF TUSKAWILLA ROAD AS DESCRIBED IN OFFICIAL RECORDS BOOK 3603, PAGE 1095 OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA; SAID POINT LYING ON A CURVE CONCAVE NORTHWESTERLY HAVING THE FOLLOWING ELEMENTS: A RADIUS OF 5677.58 FEET, A CENTRAL ANGLE OF 03°42'36", A CHORD LENGTH OF 367.57 FEET AND A CHORD BEARING OF NORTH 12°13'06" EAST; THENCE FROM A TANGENT BEARING OF NORTH 14° 04'24"EAST, RUN NORTHEASTERLY ALONG SAID RIGHT OF WAY AND THE ARC OF SAID CURVE A DISTANCE OF 367.64 FEET TO THE POINT OF REVERSE CURVATURE OF A CURVE CONCAVE SOUTHEASTERLY HAVING THE FOLLOWING ELEMENTS: A RADNS OF 5 781.5 8 FEET, A CENTRALANGLE OF O 1 ° 12'46", A CHORD LENGTH OF 122.3 8 FEET AND A CHORD BEARING OF NORTH 10°5 8' 11 "EAST; THENCE RUN NORTHEASTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 122.38 FEET; THENCE DEPARTING SAID CURVE AND RIGHT OF WAY LINE RUN SOUTH 20°20'33" WEST, A DISTANCE OF 64.52 FEET; THENCE RUN SOUTH 45 °3 8' 29" WEST, A DIS TANCE OF 5 9.63 FEET; THENCE RUN SOUTH 71 ° 3 0' 3 8" WEST, A DISTANCE OF 48.60 FEET; THENCE RUN NORTH 75°28'56" WEST, A DISTANCE OF 27.98 FEET; THENCE RUN NORTH 54° 16'32" WEST, A DISTANCE OF 44.31 FEET; THENCE RUN SOUTH 44° 13' 12" WEST, A DISTANCE OF 18.82 FEET; THENCE RUN SOUTH 51°18'33" WEST, A DISTANCE OF 345.75 FEET; THENCE RUN SOUTH 86°31'22" WEST, A DISTANCE OF 82.36 FEET; THENCE RUN NORTH 62°37' 17" WEST, A DISTANCE OF 63.47 FEET; THENCE RUN SOUTH 76°27'47" WEST, A DISTANCE OF 62.38 FEET; THENCE RUN NORTH 84°34' 12"WEST, A DISTANCE OF 83.22 FEF,T; THENCE RUN SOUTH 76°44'49" VvEST A DISTANCE OF 45.06 FEFiT; TI~NCE RUN NORTH 81 ° 18'28" WEST, A DISTANCE OF 49.25 FEET; THENCE RUN SOUTH 85°01'56"WEST, A DISTANCE OF 48,02 FEET, THENCE RUN SOUTH 52°42'01 " WEST, A DISTANCE OF 67.33 FEET, THENCE RUN SOUTH 80° 17'21"WEST, A DISTANCE OF 52.69 FEET; THENCE RUN SOUTH 03°27'55" WEST, A DISTANCE OF 23.12 FEET; THENCE RUN SOUTH 69°34'23" WEST, A DISTANCE OF 95.27 FEET; TFIENCE RUN NORTH 82°16'34" WEST, A DISTANCE OF 77.56 FEET; THENCE RUN SOUTH 84°55'50" WEST, A DISTANCE OF 75.60 FEET TO THE POINT OF BEGINNING. CONTAINING: 199,036 SQUARE FEET (4.569 ACRES) +/- K:/TSW/J1/LEGAL DESCRIPTION.DOC REV 8/6/01 JEM -1- ' F I l.E WLIM 2002e44030 ' ~ ~ Olf E001( 04347 p~ 1680 'r EXHIBIT "B" JUN-20-2h01 :7:27 CHC BEUELOPh ENT 407 8~' 152 P.08.~08 CR@DIT AYBRAGE CREDIT NET TIRE OR L/1RSiE sHRUb NAME 6QE RATIO COST YALU! GAIN YwpOri HoOy aeuld-lrLnk 2630 pal.,0' 2-1 S 00.00 i 200,00 S 110.00 bimpe0rt stopper 25.30 pal.,a' 2.1 S 90.00 i 200.00 S 110.00 Pygmy C>ila Palm, dbl. 30 gas„ 4' 3.1 S 125.00 i 700.00 f 175.00 Buda•Pllkb Palm 30 pal., S 3.1 i 100.00 S 300.00 S 175A0 European Pqn Palm 30 pal, 4' 3.1 8 150,00 i 300.00 i 175.00 Cdk+ea Nan Palm 30 pal., S' 3-i S 100.00 S 300.00 i 175.00 Canary lalard Dale Palm 30 pal„ 6' 3.1 S /011.00 S 300.00 S 175.00 Dalf Palm, P. daolyllkn 70 pal„ 4' 3-1 S 100.00 S 300.00 S 17x.00 1Nlndrnie Palm 30 Oal., a' 3-1 S 150.00 S 300.00 S 150.00 Sago 30 gu., 3' 3.1 i 150,00 S 700.00 S 150.00 ume Gam Maprrolla 26-30 pel.,e' 8.1 S 1 00.00 8 300.00 s z00.oo Rea Bud 2s3D 0x1.,6' 3-1 s 125.00 s 300.00 s 175.00 Cardinal Holly 26.90 pal„6' 3.1 S 125.00 i 300.00 S 175.00 Featiw Holly 25.30 pal.,8' ~-1 3 125.00 S 300.00 i 1 ~ 5,00 Robin HoOy ZS30 pal.,6' 3.1 3 126.00 S 300.00 S 176.00 Oakleef Holly 26x0 pa1.,6' 3-1 i 123.00 i 800.00 6 17'6,00 Spartan Juniper 25.30 psl.,b' 3-1 i 115.00 S 300,00 i 185.00 Toruloa Juniper 25.30 pa1.,8' 2.1 S 00.00 i 200.00 S 110.00 Flovwrin0 Dogwood 25.30 pal„a' 3.1 i 12:,00 i 300.00 i 176.00 CamfDiq 2530 pgl.,5' 31 i 146,00 S 300.00 S 155.00 JgpaneN btuabarcy 23.30 pal„9' 3.1 S 190.00 i 300.00 i 180.00 Lobbtly bay 25.30 pal.,e' 2-1 i 90.00 i 200.00 S 110.00 Upright Yaupon HOOy 15 pal, 0' 2-1 S 90.00 S 200.00 S 1 ia.00 trVefplnp Yaupon dotty 25.30 paL,B' ~1 S 100.00 i 300.00 S 200.00 largpeealum Sgndard 160e1„ S' 3-1 i 100.00 i 300,00 i 200.00 CNickapw Plum 25 gal., E' 2-1 S 95.00 S 200.00 i 106.00 Rfr1 RnrJlrye 15 qal., 5' Z•1 i 60.00 ! 200,00 T 150,00 Myrtb Oak 1 S pal., S' [-1 S Sa.00 C 200.00 ~ 15n as Crateepus /5 prl., a' 2-1 S 30.00 S 200.00 ~ 150.00 Fringe Tnf 15 pal., a' Z-1 S 50,00 i 200.00 S 150,00 TabebWa 3D gal., a' 2-t i 75-DO i 200.04 i 126.00 Baunlnla pelplnle 10 pal„ 6' 2.1 i 60.00 S 200.00 S 150.00 awealrTa. os~. , s gu.. e' z•1 i so.oa s zoo.oo i 150,00 lJpuauum8Wldard 4S gal„5-10' 6.1 i 300.00 ! 500,00 S 200.00 Crape MyAle Standrro 45 001.,6-10' S-1 S 360.00 t 500.00 a 150.00 Ywpon Ndly 6tendard 26,'JO 081„9' ~1 i 100,00 3 300,00 S 200.00 Weflel's Viburnum Stendarcl 250 pe1.,0' S•1 S 100.00 i 300.00 i 200.00 Neo01e Pelm 21-70 pai.,s' 4.1 S 200.00 S 400,00 S 200.00 Pygmy Pa1• Ihlm,ldpN 30 ptl., 4' 3-1 S 150.00 i 300.00 S 150.00 butie•Pindo Pgkn a5 pal., 8' 4-1 S 200.00 b 100.00 S 200.00 Eurapeen Fen P81m as pal., S b-1 S 250.00 i 500.00 5 250.00 ChMeee Pert Palm 8y pal, a' b1 S 260.00 i 500,00 5 250.00 Canary lelend Data Palm 05 gel., 8' 6.1 S 250,00 S 500,00 a 260,00 Oats Palm, P. dectylNen aS gel., 5' S-1 S 260.00 a 500.00 S 250.00 Wlndmnl Palm ab pat.. 8' S-1 S 300.00 i 600.00 S 200.00 Sago 86 pas., 4' S-1 i 260.00 i SO0.00 i 260.00 LItOe oem Magnolia a3 pal„ 6' 6.1 f 960,00 i 500.00 S 250.00 Spartan Juniper ai pal„ a' S-1 S 250.00 S 500.00 i 250,00 TOnNOa Juniper a5 pe4, a' S•1 9 250.00 i 500.00 i 250.Go OenOOn Holly 66 pa1.,1gk1'rQ' S-1 S ?26.00 i 500.00 S 275.00 live C+ak 95 pai.,i4'xbk3' 6.1 8 300.00 i SOO,DO S 200.00 vVlnpad Elm a5 poi„12x5'>Q1/2 4.1 S 225.00 i 400,00 i 17:,00 Red Maple a5 pa1.,12'x5'7t21R 4-t 3 225.00 s 100,00 a 176.00 raTal. P, ge „ .,_•,,,_-ann, , ~ : , a 40° 327 d753 P.OB TpTFL P.Qg -11- LEGlBtLITY UNSATISFACTORY FOR SCANNING