HomeMy WebLinkAboutMorrison Homes - Avery Park Pre-Final Plat Development Agreement -2001 12 04
PRE-FINAL PLAT DEVELOPMENT AGREEMENT
This Pre-Final Plat Development Agreement is entered into by and between the City of Winter
Springs, Florida, whose address is 1126 East State Road 434, Winter Springs, Florida 32708-2799
("City") and Morrison Homes, Inc., a Delaware Corporation, whose address is 151 Southhall Lane,
Suite 200, Maitland, Florida 32751 ("Builder") and Avery Park L.L.C., a Florida Corporation, whose
address is 131 Park Lake Street, Orlando, Florida 32803 ("Developer").
WHEREAS, Builder and Developer desire to expedite the issuance of certain building permits
prior to final plat approval by the City for purposes of constructing improvements and buildings in
preparation of the 2002 Parade of Homes held in the Spring; and
WHEREAS, the parties recognize that it would be beneficial for the Developer and Builder
to participate in the Parade of Homes; and
WHEREAS, the signatures of this Agreement hereby represent and warrant that they are
authorized to sign and to legally bind their respective corporations to the terms and conditions ofthis
Agreement.
NOW, THEREFORE, based on the mutual covenants and conditions contained herein, and
other good and valuable consideration, the sufficiency and receipt of which is hereby acknowledged,
the parties agree as follows:
1.0 Recitals. The foregoing recitals are hereby fully incorporated herein by this
reference and deemed a material part of this Agreement.
2.0 Property. The real property subject to this Agreement is depicted on Exhibit "A"
which is attached hereto and deemed fully incorporated herein by this reference.
3.0 City Permits. The City agrees to issue the following building permits prior to final plat
approval provided Builder and Developer fully comply with terms and conditions of this Agreement:
3.1 Construction trailer permit on Lot 1;
3.2 Model Home permits on Lots 2,3, 7, and 9;
3.3 Common area amenities permit on tracts A and B, as specifically designated
on the proposed final plat previously submitted to the City for approval, and
as further represented and depicted on Exhibit "A".
4.0 Permit Condition Precedents. The following are condition precedents to the issuance
of any building permit set forth in Section 3 herein:
4.1 Builder and Developer shall submit whatever information that is necessary
under the City Code to issue the permits including, but not limited to, plans and
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specifications, applications, drawings, and surveys;
4.2 Builder and Developer shall submit certified surveys of the lots and tracts upon
which the building permits may be issued under this Agreement and said
surveys must clearly depict that any buildings or amenities constructed under
this Agreement shall not cause any encroachments on the lots or tracts;
4.3 Water lines and fire hydrants shall be in operation within the Avery Park
subdivision sufficient for fire suppression and shall be certified by the Florida
Department of Environmental Protection and the City;
4.4 There shall be adequate access to the building sites for all City vehicles;
4.5 The roads of the Avery Park subdivision have been stabilized to the
satisfaction ofthe City engineer.
5.0
Additional Permit Conditions.
The following additional conditions shall apply:
5.1 Developer and Builder shall continue to prosecute to completion and recording
the final plat application currently under review by the City in an expeditious
and good faith manner;
5.2 No improvement, building, tract, or lot in the Avery Park subdivision shall be
sold to any third party until such time as the final plat of A very Park is
approved by the City and recorded in the public records of Seminole County;
5.3 No additional building permits shall be issued in the Avery Park subdivision
for any building until such time as the final plat has been approved by the City
and recorded in the public records of Seminole County;
5.4 No building in the Avery Park subdivision shall be occupied until such time
that all required subdivision infrastructure has been constructed and approved
by the City and a certificate of occupancy has been issued by the City for the
building;
5.5 All permits issued shall be subject to compliance with all City codes and
previous plan approvals by the City;
5.6 The buildings to be built on Lots 2, 3, 7, and 9 shall only be used as model
homes until such time as the final plat is approved by the City and recorded in
the public records of Seminole County.
6.0 Indemnification and Hold Harmless. For all work and construction performed
pursuant to this Agreement, Builder and Developer, jointly and severally, agree to the fullest extent
permitted by law, to indemnify and hold harmless the City and its employees, officers, Commissioners
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and attorneys from and against all claims, losses, damages, personal injuries (including but not limited
to death), or liability (including reasonable attorneys fees and costs, through all appellate, mediation
and administrative proceedings) directly or indirectly arising from, or out of, any and all acts, errors,
omissions, intentional or otherwise, arising out of or resulting from Developers or Builders, and their
employees, partners, contractors, and agents performance under this Agreement and any permit issued
hereunder.
7.0
of the City.
Assignment. This Agreement shall not be assigned without the written prior consent
8.0 No City Guarantees and Warranties. The City makes no representations, warranties,
and guarantees regarding final plat approval. Final plat approval is subject to approval by the City
Commission at its discretion. Builder and Developer acknowledge and agree that Builder and
Developer are proceeding under this Agreement and any permit issued hereunder at their sole risk and
liability .
9.0 No City Obligation for Future City Permits. No provision of this Agreement shall be
construed as requiring the City to grant additional permits in the future.
10.0 Termination. The City may terminate this Agreement and revoke any permit issued
hereunder, without penalty, if Builder or Developer fail to comply with the terms and conditions set
forth under said Agreement and permits.
IN WITNESS WHEREOF the parties have hereunto set their hands and seal on the date first
above written.
CITY OF WINTER SPRINGS'
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By: ~#f/. /~,,;:. 7~r;1.'
RONALD W. McLEMORE, City Manager
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MORRISON HO
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By:
STEVE A.,PARKER
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AVERY PARK, L.L.C. /
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