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HomeMy WebLinkAboutLevitt and Sons of Seminole County 1st Modification of Pre-Annexation Developer's Agreement - 2006 04 25 .,:::l't3sup( 5 R~SEgv'e:- I....................... THIS INSTRUMENT WAS PREPARED BY: AND SHOULD BE RETURNED TO: Anthony Garganese City Attorney of Winter Springs I, Brown, Garganese, Weiss & D'Agresta, P.A. r 225 E. Robinson St., Suite 660 Orlando, FL 32801 (407) 425-9566 MARYANNE KlRSE:., CLERK [f CI R('1JIT COURT SEMINCLE ct1mY BK 06226 Pgs 0797 - 884; 18pgs> CLERK.S . 2806e78198 RECORDED 85/82/2886 89:12:33 A" RECORDING FEES 69.58 RECORDED BY G Ha~fD~d FOR RECORDING DEPARTMENT USE ONLY FIRST MODIFICATION OF PRE-ANNEXATION DEVELOPER'S AGREEMENT THIS FIRST MODIFICATION OF PRE-ANNEXATION ..REVELOPER'S AGREEMENT (the "Amendment") is made and executed this~day of .f::!IJ~ ,2006, by and between the CITY OF WINTER SPRINGS, a Florida Municipal Corporation (the "City"), whose address is 1126 East S.R. 434, Winter Springs, Florida 32708, and LEVITT AND SONS OF SEMINOLE COUNTY, LLC, a Florida limited liability company ("Levitt It), whose address is 7777 Glades Road, Suite 410, Boca Raton, Florida 33434. WITNESSETH: WHEREAS, Highlander Investments, Ltd., a Florida limited partnership ("Highlander"), and the City previously entered into a binding Pre-Annexation Developer's Agreement dated September 20, 2004 and recorded November 16, 2004 in Official Records Book 5516, Pages 1320-1342, and a Town Center Phase I Site Development Permit Agreement, dated May 10, 2005, recorded May 20, 2005 in Official Records Book 5735, Pages 0431-439 (collectively referred to herein as "Development Agreement") and relating to certain real property located in Seminole County, Florida and more particularly described therein (the "Property"); and WHEREAS, Levitt purchased the Property from Highlander and is the current fee simple owner of the Property; and WHEREAS, on August 8, 2005 at the request of Levitt, the City Commission of Winter Springs approved Final Engineering for the Project, and in conjunction thereof, the City Commission also approved several changes to the Pre-Annexation Developer's Agreement and other additional terms and conditions for the Project, which are now being memorialized into this First Modification; and WHEREAS, on September 26, 2005, the City Commission also approved Aesthetic Review of the Project in accordance with sections 9-600 through 9-606 of the City Code; and WHEREAS, Final Engineering Plans and Aesthetic Review Plans for one hundred and sixty-one (161) townhome units are on file at the City of Winter Springs' City Hall; and First Modification to Pre-Annexation Developer's Agreement City ofWintcr Springs and Levitt & Sons 1 WHEREAS, in furtherance of the aforementioned approvals, Levitt has proceeded with land clearing of the Property and site development of the Project and during the course thereof, Levitt has identified several changes to the Development Agreement that are necessary to complete the Project; and WHEREAS, in furtherance of this request, the parties desire to amend the Development Agreement pursuant to the terms and conditions contained herein. NOW THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties mutually agree to amend the Development Agreement as follows: 1. Recitals: Capitalized Terms. The recitals set forth above are true and correct and are incorporated herein by this reference. Unless otherwise set forth herein, all capitalized terms utilized herein shall have the same meaning as set forth in the Development Agreement. 2. Town Center Code Waivers. Section 4(h) of the Pre-Annexation Developer's Agreement is hereby deleted in its entirety, and the following new Section 4(h) is hereby inserted in lieu, in place and instead thereof, to wit: "(h) Town Center Code Waivers. Based on the Concept Plan and Levitts agreement to the terms and conditions set forth in this Agreement, the City Commission hereby grants the following waivers to the Town Center District Code pursuant to the special exception criteria enumerated in Section 20-321(c): (I) The buffer wall requirement along the southern perimeter boundary as required by Section 20-417 is hereby waived. (2) The frontage road required by Section 20-325(c)(8) is hereby waived. (3) The Edge Drive requirements set forth in Section 20-325(c)(lI) and the Squares, Parks, and Streets Map in Section 20-325(c), is hereby waived, provided the Collector Road and other streets are designed, permitted, and constructed in accordance with the Final Engineering Plans approved by the City Commission. In addition, the Collector Road shall comply with the modified, Edge Drive section plan as incorporated in said Final Engineering Plans. (4) Notwithstanding the build-to-line requirements for the street types depicted in the Town Center Code, Levitt shall be permitted to have build-to-lines which are depicted on the Final Engineering Plans. Particularly, the build-to-line for the townhome units shall be ten (l0) feet, except that the build-to-line for twenty-nine (29) townhome units shall be (6) feet and the build-to-lines for the First Modification to Pre-Annexation Developer's Agreement City of Winter Springs and Levitt & Sons 2 townhome units along State Road 434 shall be between (18) feet and twenty-three and one-half (23 1/2) feet depending on the curvature of State Road 434. (5) For a maximum of twenty percent (20%) of the total number of townhome units for the Project, the depth requirement for porches set forth in Section 20-326(d) is hereby waived, provided the minimwn depth for the porches which are subject to the waiver shall be a minimum depth of at least six (6) feet inclusive of recessed stairways. 3. Wall Requirement. Section 40) of the Pre-Annexation Developer's Agreement is hereby amended as follows: "0) Wall reauirement. In accordance with Section 20-417, Winter Springs City Code, HighlftBder Levitt shall construct an opaque wall of six (6) feet in height along the full length of the v.'estem property line, e}(ehldiag the Homage rel*i. beginning in the unimproved right-of-wav owned by the City and extending toward State Road 434 alonsz the western perimeter of the Property except that such wall shall not be constructed within the Abbey Glen Lane right-of-way in order to facilitate future cross access connection to the adjacent site. Vegetative screening shall also be provided along the western property line excluding the Abbey Glen Lane right-of-wav. The timing for the construction of said wall shall be coordinated with the extension of infrastructure into the adiacent property . 4. Guest Parking Spaces. Section 4(0) of the Pre-Annexation Developer's Agreement is hereby deleted in its entirety, and the following new Section 4(0) is hereby inserted in lieu, in place and instead thereof, to wit: (0) Parking Soaces. Levitt shall provide a general parking ratio of 2.5 parking spaces per townhome unit within the Project. In addition, non designated on-street parking will be identified on the neighborhood lane known as "Crimson Lane." 5. Street Liszhting: Plan. The street lighting plan for the Project shall be submitted to the City for approval prior to the issuance of any certificate of occupancy for the Project. 6. Signage. In accordance with Section 20-327 (f) ofthe City Code, Levitt shall be permitted to erect permanent project identification signage at the main entrance to the Project at State Road 434 and McLeod's Way which shall consist oflettering attached to the pier and garden wall spelling "Jesup's Reserve" (total signage dimensions to be approximately I foot high First Modification to Pre-Annexation Developer's Agreement City of Winter Springs and Levin &. Sons 3 ",..-... and 11 feet wide) as depicted on Exhibit "1," which is attached hereto and fully incorporated herein by this reference. 7. Abbey Glen Lane Name Change. Levitt and the City acknowledge that the Abbey Glen Lane name, as depicted on the recorded plat for the Project, has been rejected by Seminole County addressing because it is too similar to another street in Seminole County. That similarity could adversely impact 911 emergency responses. Levitt, therefore, agrees to change the Abbey Glen Lane name to another name deemed acceptable to the City and Seminole County. The name change shall be reflected on the Re-Plat of the Project which shall be required by Paragraph 8 hereunder. 8. Additional Terms and Conditions Approved on August 8. 2005. The following terms and conditions were approved in conjunction with the Final Engineering Plans: (A) The mandatory Homeowner's Association required by paragraph 4(k) of the Pre- Annexation Developer's Agreement shall be required to pay any cost differential between maintaining standard street lights and signs and the decorative street lighting and sign requirements of the Town Center Code. Levitt acknowledges and agrees that prior to turning the homeowner's association over to its members, Levitt will require the homeowner's association to execute an agreement memorializing this requirement and that said agreement shall be substantially in conformance with the standard decorative street light and signage form agreement that was previously approved by the City Commission to be utilized on a citywide basis. (B) Levitt shall plant and maintain a double row of canopy trees on the Property along the length of State Road 434. (C) Levitt shall underground all existing and new Project related utility lines along State Road 434. (D) Levitt shall submit a lighting plan depicting all street lights and fixtures for approval by the City prior to the installation of any street light and fixture and prior to any certificate of occupancy being issued for the Project. Details of the lighting plan shall be in a form acceptable to the City so the City can determine compatibility with the Town Center requirements. 9. Re-Plat Reauired. The Final Plat for the Project was approved by the City Commission on August 8,2005 and is recorded in Plat Book 69, Page 4 of the public records of Seminole County, Florida ("Final Plat"). Subsequent to the recording of the Final Plat, Levitt commenced construction of the Project. During construction, Levitt realized that minor deviations from the Final Plat will be required in order to accommodate porches and stoops for approximately thirty (30) townhome units and utilities and other infrastructure approved for the Project. Moreover, as mentioned above, the Abbey Glen Lane street name identified on the Final Plat must be changed. As such, in order to accommodate the orderly development of the Project and to ensure an accurate plat of the Property upon completion of construction, the City agrees to First Modification to Pre-Annexation Developer's Agreement City of Winter Springs and Levitt & Sons 4 permit Levitt to construct Project improvements that result in minor deviations from the Final Plat under the following conditions: (A) The Project improvements shall be substantially in compliance with the Final Engineering Plans and Final Plat approved by the City Commission; (B) The Project improvements which will result in a minor deviation from the Final Plat shall be required to receive written approval by the City Manager prior to constructing said improvements. The City acknowledges that minor deviations may include, but are not limited to, the small expansion of approximately thirty (30) lots into the common area tracts in order to accommodate a porch or stoop, the release, addition or reconfiguration of utility easements, amendments to the terms and conditions of dedications and easements, small amendments to boundary descriptions, and the changing of street names; and (C) Upon completion of the construction of the Project infrastructure and acceptance by the City, Levitt shall submit to the City an application for the Re-plat of the entire Project. In addition to the Replat, the application shall include an itemized list of all minor deviations described above. The Re-Plat application shall be subject to the approval of the City Commission in accordance with the requirements of the City Code and law. Moreover, approval of the Replat shall be required before Levitt closes on any townhome unit on the Property. The Re-Plat shall be in substantial conformance with the Final Plat and Final Engineering Plans and shall incorporate all minor deviations that were approved by the City Manager pursuant to this paragraph. 10. Effect of Amendment. All other terms and conditions of the Developer's Agreement, not in conflict with this Amendment, shall remain in full force and effect. IN WITNESS WHEREOF, the parties have hereunto set their hands and seal on the date first above written. First Modification to Pre-Annexation Developer's Agreement City of Winter Springs and Levitt & Sons 5 CITY SEAL .. , "'.. ,........ - CITY OF WINTE~~piu;rt.~ . l... ~-:...~ . ~. . , ~. . "., ~.:;: <:> : t; ..... .. :- t,.J .;;.... .. ~J F. Bush, MayO~. 'a....:~\~... .., j .. ";JoY' .' , .' APPROVED AS TO FORM AND LEGALITY For the use and reliance of the City of Winter Springs, Florida, only. By: First Modification to Pre-Annexation Developer's Agreement City of Winter Springs and Levin & Sons 6 Signed, sealed and delivered in the presence of the following witnesses: ,--:~\ /.' .: ')--1 LEVITT & SONS OF SEMINOLE COUNTY, LLC., a Florida limited liability company ~~. Printed Name: -~- ~",,"~, Pl;.. Tit1e:~.r. c..~ L~ M";~\~e'''''+ r STATE OF FLORIDA COUNTY OF 0..., GoE. The foregoing instrument was acknowledged before me this l'1+L" day of ~L -,2006, by DAuC. M. ~"':~ f.E. , as UJe.r;~....+ OfIEVIrr & SONS OF SEMINOLE COUNTY, LLC., a Florida limited liability company, on behalf of said company. lie is personally known to me or produced as Identification. ~\\,\'\lIilIlI';11 ~~1I.'I ~\E ROD~III,,,,, ~ ........~c~ "".. * ~ ....~\SSION J;-~' \S' ....... ~ ..~y. "1;0-.. ~~ !if ......~~.1. 2o,,~ ~ .. ~ : :~ f:P~ :: =*: ..... :*:: : . : ::: ~,~\ 100187067 :~~ ~~~~~~...~{ ~~~;~..~<:)~~ If,,, ~fC ST~\ ,,\,\,-: 11'''fi/llIll\\\ (NOTARY SEAL) Public Signat~re) (\ e.-A....w lit.. F-::4 r (Pri ame) Notary Public, State of FI o~4) A- Commission No.: Dl) I V10b 1 My Commission Expires: T\.tAJ~ J ::to(!, , First Modification to Pre-Annexation Developer's Agreement City of Winter Springs and Levitt & Sons 7 ~~ EXHIBIT '1' I) CAST SiOW!;: HAI.I. CA'P Err G1.AOSTcH:, CO\.OR 115 R'AI!iED L~RI~J BY 0'1'HER5 CAST 5Tl7NE Plm CAP !lY Gl.A.tl5ToN!, COLOR II':. L~ BY O1'HERS " CAST STONE ~IM ay ~"ONl'r CO\.DR II'rI :.1lJCW Fltll5t+, c;aJ.OR A/III) TfXTUli:f: to MA tal A~tlITfC"TUAAI. fIOD'f" pAIln" - MAfS P~T~ ~~p (PDCIO) PAINT All. !ll~ CAST 9TllWE BASe BY '-I.AD5TCNE, COLOR P.> 1) 3) 4) 5) ") 7) "'-I~I-I' 3'-11" 5IGNAr;.f~~ GARDEN WALL WITH LETTERING ELEVATION SCALE: 3/8-=1'.0- ~ I) C(U}MN BErOND 2) I.QlOO B'I" O'TI4aRS 3) SlUCCD f1N19I-l 4) RJH~AR &} " 5TUXO aJlLDCUT '-} Rf-MR 7) fU:-BAR &) CAST STONE WAl..L l:AP "I) ~-I3AR ,1-1' IlCZIEi AU ~-a,>.1l TO BE DETER/'1I1IlED BY A SlRUGTURJi. ENC,INEER lJCENSED IN nlE STA1'1O Of fLORIDA. 6' 1'-0" GARDEN WALL WITH LETTERING SECTION SCALE: 3/8-=1"-0- 6IGN~:.oHGo .>>- 0::: o I-- U <C.!:S 't;~ j::Z <z:: ~~ ::> en i=~ ::::::iU- en ~