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Home My WebLink About2001 12 10 Regular M Expediting Permits for Avery Park Add-On Regular Agenda Item "M" December 10,200101 COMMISSION AGENDA ADD-ON ITEM M CONSENT INFORMATIONAL PUBLIC HEARING REGULAR X 12/10/01 Meeting MGR. IDEPT Authorization REQUEST: City Manager requesting the City Commission to approve an agreement between the City, Avery Park LLC, and Morrison Homes, Inc, to expedite building permits for Avery Park. PURPOSE: This agenda is needed to approve an agreement for expediting permits for Avery Park. CONSIDERATION: Cahill Enterprises, Inc. acting under Avery Park L.L.c. entered into an agreement with the City to develop A very Park, and subsequently entered into an agreement with Morrison Homes to build Avery Park homes. The City has made a good faith agreement to assist Cahill Enterprises in expediting development of the project. The City has an interest in expediting development of the project to promote development of the Town Center. Cahill and Morrison Homes desires to build amenities and model homes prior to recording of the final plat. Section 9-178(a) of the City Code provides for expedition of permits by written agreement. NOTE: The city attorney has not as yet completed his review of the documents but has indicated he will have any recommended revisions at the Commission meeting. FUNDING: Not applicable. RECOMMENDATION: It is recommended that the Commission approve an agreement with Avery Park L.L.c. and Morrison Homes Inc. to expedite permits for construction of amenities and model homes and to authorize the City Manager to enter into the agreement on behalf of the city. ATTACHMENTS: a) Agreement b) Code Section 9-178( a) c) Sandy Bierly Memo of December 6, 2001 d) Model Home Request of November 6,2001 e) Roadway and Water System Report of November 28,2001 f) Security Bond COMMISSION ACTION: AN AGREEMENT AN AGREEMENT ENTERED INTO THIS DAY OF DECEMBER 2001 BY AND BETWEEN AVERY PARK L.L.c. A FLORIDA-- CORPORATION, (HEREIN REFERRED TO AS AVERY), MORRISON HOMES INC., A DELAWARE CORPORATION, (HEREIN REFERRED TO AS MORRISON) AND THE CITY OF WINTER SPRINGS (HEREIN REFERRED TO AS CITY). WHEREAS, Avery and Morrison developers and builders of Avery Park in Winter Springs, Florida desire the expedition of permits related to the construction of improvements and buildings shown at locations on Exhibit "A" attached to this agreement for the purpose of participation in the 2002 Parade of Homes, and WHEREAS, the City finds that it is in the best interest of the City to assist A very and Morrison in participation in the 2002 Parade of Homes. WHEREAS, the signatories of this agreement warrant they are authorized to execute this agreement on behalf of the parties obligated by the provisions of this agreement. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: I) City agrees to issue permits for the location of a construction trailer on Lot 1, construction of model homes on lots 2,3, 7, and 9, and amenities on tracts A and B of A very Park as designated on the final plat currently submitted to the City for approval, and as further represented in Exhibit "A" of this agreement. 2) The provisions of Section "1" above shall be contingent upon the following: a) Staff approval of the final plat currently under review by the Development Review Committee. b) Certified surveys of the lots and tracts upon which building permits may be issued under the provisions of this agreement. c) No improvement or building in Avery Park Development for which a building permit has been issued pursuant to this agreement shall be sold to any perspective buyer until such time that the final plat of Avery Park shall be approved by the City and recorded. d) No additional building permits shall be issued in A very Park for any building in Avery Park until such time that the final plat for A very Park has been approved by the City and recorded. e) No building permit subject to this agreement shall be issued until water service has been certified by the Florida Department of Environmental Protection and City of Winter Springs, and roads have been stabilized to the satisfaction of the City Engineer. f) No building permitted pursuant to this agreement shall be occupied until such time that all improvements have been completed and a certificate of occupancy has been issued for said building. 3. Nothing in this agreement shall release Avery and/or Morrison from compliance with all applicable development orders, permits, conditions and regulations except as specifically provided for in this agreement. Approved this the _ day of December 200 I, by the Winter Springs City Commission duly assembled in Winter Springs, Seminole County, Florida. County, Florida. WITNESS: Ronald W. McLemore City Manager Signature Steve Parker Morrison Homes, Inc. Print Name Carl H. Cahill Cahill Enterprises,Inc. ATTEST: Andrea Lorenzo-Luaces, City Clerk ;:/ ,,- i_ /~ 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, whos'e~~ddress is 151 Southhall Lane, Suite 200, Maitland, Florida 32751 ("Builder") and A very Park L.L.c., a Florida Corporation, whose address is 13 I 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 priorto final plat approval provided Builder and Developer fully comply with terms and conditions of this Agreement: 3.1 Construction trailer permit on Lot I; 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 Page I of 3 ~ t: 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 A very 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 A very Park subdivision have been stabilized to the satisfaction of the 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 A very Park subdivision shall be sold to any third party until such time as the final plat of Avery 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 A very 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 A very 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 Page 2 of 3 " (~ 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 By:I?~4/ ~~ Pjtrjor RONALD W. McLEMORE, City Manager MORRISON HO / i / >----- By: STEVE A. eARKER -_.~--..-,.- -- A VERY PARK, L.L.c. II BY~ ARL Page J of J TIlACf A- WALL & SIGNAGE & FENCING, AVERY PARK LLC TRACT B - POOL,CABANA,ll2 BASKETBALL & PLAYGROUND. AVERY PARK LLC CENTER ISLAND AT TUSKAWlLLA& PARKLAKE DR. - CLOCK TOWER & GATES,AVERYPARK LLC LOT 1 MORRISON SALES TRAll..ER & - MORRISON HOMES, INC. AVERY PARK . A lUlftAT Qp LOT8 :D THIl.OUGB 32, LOTS 39 "I.'lWrulJH .f5, LOTS 60, 6J, NIl) 64. POtlI'IOHS OF I.Ol'S lI6, 57, 5Il. So a.AND 63, AND 1tIOSR ~ OJ LOT8 31. as AND SS U'INO lI'E5T OIl nl8XAWlUA. RllAD AS EBmllDBD IN P1.A.T JlOOK 1.1'AGll: 50 SWDoN l. T01PNlmIP %I soma. JIANGE 30 lWrr a mcDDN 6, 'J'OWN9:IDp 21 &oUtS. Jl.ANUE 31 EAST. r - - - - - - - - - _ _ _ _ _ _ _ _ _ _ ~ QI! wr:mta SlIlING8 !EM1NOLE OOtlNTY,.JII.OBIW. : ...-----...---...------......._...____ I I ! SlUTJ2o~ "'4.7?' . -------- ------ ----- --------__J : r .n ! 14 J I I J.'-!' I 56 I I ..~~ ! 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I v 8E :t::' = q; 10 o ~ _.J 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 Page 1 of 3 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 Page 2 of 3 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' &'_I_h) /W/,?) 1'.11'/,1,,/ By: ~#f/. /~,,;:. 7~r;1.' RONALD W. McLEMORE, City Manager - MORRISON HO / / ~ / By: STEVE A.,PARKER -----~.----_._'~.~., / AVERY PARK, L.L.C. / BY:~ Page 3 of 3