HomeMy WebLinkAbout2007 07 23 Regular 603 Modifications to Jesup's Reserve Final Engineering Plans and Developer's Agreement for Roberts Family LaneCOMMISSION AGENDA
ITEM 603
Consent
Information
Public Hearin
Re ular X
Julv 23, 2007 MGR. /De t. /~%~
Meeting
REQUEST: The Community Development / Public Works Department requests the City
Commission consider proposed modi~cations to the Jesup's Reserve final
engineering plans and Developer's Agreement related to the construction of
Roberts Family Lane
PURPOSE: The purpose of this Agenda Item is to request the City Commission consider and
approve proposed modifications to the Jesup's Reserve final engineering plans
and Developer's Agreement related to the construction of Roberts Family Lane.
PROJECT SUMMARY:
Jesup's Reserve consists of 161 townhome units on 11.03 acres, located on the south side
of S.R. 434 and west of Tuskawilla Road in the Winter Springs Town Center. Phase I
consists of 151 townhome units, and Phase II consists of 10 townhome units at the eastern
end of the property.
CONSIDERATIONS:
• Roberts Family Lane is proposed as a new City collector road located along the eastern
boundary of Jesup's Reserve (see attached plan, Exhibit A). When completely
constructed, Roberts Family Lane will be a fully functional intersection with Cliff Rose
Drive located across S.R. 434.
Approximately half of the Roberts Family Lane right-of-way is located on Jesup's
Reserve property, and the other half is located on the adjacent property to the east
currently owned by the Ondicks. Under the terms of the Pre-Annexation Developer's
Agreement for Jesup's Reserve approved by the Commission on September 20, 2004,
Roberts Family Lane was to be built by the City when the land required for the entire
right-of-way was conveyed to the City.
072307_COMM_Regular_603_Jesups Reserve Engineering and DA Modification
July 23, 2007
Regular Agenda Item 603
Page 2
conveyed to the City. The ten townhome units in Jesup's Reserve that front Roberts
Family Lane (units 61-70) were assigned to Phase II of Jesup's Reserve, with
construction on these units dependent upon Roberts Family Lane being constructed at its
full roadway width. The City would reimburse Levitt for the design and construction of
Roberts Family Lane.
The Ondicks have thus far been unwilling to convey their half of the Roberts Family Lane
right-of-way to the City. The City has pointed out to the Ondicks on multiple occasions
that Roberts Family Lane improves access to their property and maintains development
flexibility at no cost to them. The cost to acquire the right-of-way by eminent domain is
estimated to be at least $115,000 including legal fees.
PROPOSED HALF-STREET IMPROVEMENTS:
Levitt & Sons has proposed to construct their half of Roberts Family Lane at this time, as
shown in the attached drawing, Exhibit A. The proposed roadway consists of a two-way
road from S.R. 434 to Innisbrook Lane, then a one-way half-street south of Innisbrook
Lane to Solarys Wharf Street, along with the sidewalk and landscaping on the Jesup's
Reserve side of the road. The proposed Roberts Family Lane would have a fully
functional intersection with S.R. 434 to allow both ingress and egress for Jesup's
Reserve.
The proposed one-way street, with traffic movement from north to south, provides onsite
traffic circulation and access to the 12 parallel parking spaces on the west side of Roberts
Family Lane. These parking spaces are required to support the construction of townhome
units 61-70.
The proposed half-street is a temporary situation. The remaining portion of Roberts
Family Lane will be constructed when the right-of-way becomes available. If the full
right-of-way becomes available prior to or during Levitt's construction of Roberts Family
Lane, Levitt will construct the full roadway width as shown on the final engineering
plans. The City will reimburse Levitt for Roberts Family Lane Roadway Expenses in
accordance with the payment terms of the Pre-Annexation Developer's Agreement.
All City departments have reviewed and approved the proposed plan for Roberts Family
Lane as a temparary one-way street.
• The proposed Second Modification of the Pre-Annexation Developer's Agreement (see
Exhibit B attached) documents the following:
o Levitt to construct Roberts Family Lane as temparary one-way half-street
o The half-street shall be complete prior to certificates of occupancy being issued to
the units (61-70) fronting Roberts Family Lane
o The remaining portion of Roberts Family Lane will be constructed in the future
when the right-of-way becomes available
072307_COMM_Regular_603_Jesups Reserve Engineering and DA Modification
July 23, 2007
Regular Agenda Item 603
Page 2
o Levitt shall disclose to future residents on units fronting Roberts Family Lane that
the road will be a two-way collector road and the one-way half-street is temporary
in nature until the full right-of-way becomes available
o City to reimburse Levitt for the eligible Roadway Expenses upon acceptance
FUNDING:
When Levitt & Sons completes construction of Roberts Family Lane, either as a
half-street or full-street, the City is obligated to reimburse Levitt for the eligible roadway
expenses as a part of the Phase II site acceptance. Funding is available for this required
reimbursement in the Transportation Impact Fee Fund, #140. Previous cost estimates
provided by Levitt and approved by the City for Roberts Family Lane as a full-street
showed the costs eligible for reimbursement at approximately $60,000.
RECOMMENDATION:
Staff recommends that the City Commission approve the proposed modifications
to the Jesup's Reserve final engineering plans and Developer's Agreement related to the
construction of Roberts Family Lane.
ATTACHMENTS:
1. Exhibit A- Roberts Family Lane drawing, Sheet C-7A
2. Exhibit B- Second Modification of Pre-Annexation Developer's Agreement
CITY COMMISSION ACTION:
072307_COMM_Regular_603_Jesups Reserve Engineering and DA Modification
EXHIBIT B
THIS INSTRUMENT VVAS PREPARED BY
AND SHOULD BE RETURNED TO:
Anthony Gazganese
City Attomey of Winter Springs
Bro~tim, Garganese, Weiss & D'Aeresta, P.A.
22~ E. Robinson St., Suite 660
Orlando. FL 32801
(=407) 425-9~66
SECOND MODIFICATION OF PRE-ANNEXATION DEVELOPER'S AGREEMENT
THIS SECOND MODIFICATION OF PRE-ANNEXATION DEVELOPER'S
AGREEMENT (the "Amendment") is made and executed this day of , 2007,
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"),
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, 20Q4 and recorded November 16, 2004 in Official Records Book ~~16, Pages
1320-1342, as modified pursuant to that certain First Modification of Pre-Annexation
Developer's A~eement dated April 2~, 2006 and recorded in Official Records Book 6226, Pages
797-804, both of the Public Records of Seminole County; Florida (together the "Developer's
Agreement"), relating to certain real property located in Seminole County, Florida and more
particularly described therein (the "Property"); and
WHEREAS, the parties desire to amend the Developer's Agreement regarding the
construction of a portion of Roberts Family Lane 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 Developer's 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 Developer's Agreement.
Second Modification to Prz-Annexation Developer's Agreement
Ciry of ~Vinter Sprinas and Levitt & Sons of Seminole Count~~, LLC.
.. 1
2. Roberts Familv Lane Construction. With respect to Roberts Family
Lane, Developer and City agrees as follows:
(a) Developer and City acknowledge and agree that pursuant to the Town Center
Master Plan, Roberts Family Lane will be a two-way public collector road. In accordance with
the Final Engineering Plans approved by the City Commission on August 8, 2005, Developer has
agreed to construct a portion (1/2 road segment) of Roberts Family Lane on the Property, which
is generally located at the intersection of S.R. 434 and Roberts Family Lane and running along
the eastem most boundary of the Property. Construction of that portion of Roberts Family Lane
shall be completed prior to the certificate of occupancies being granted for townhome units 61
through 70. Said units are located along Roberts Family Lane and identified on the Jesup's
Reserve Townhomes Replat, which is recorded in Plat Book 71, Page 90 of the Public Records
of Seminole County, Florida. Developer and City also acknowledge and agree that the other
portion of Roberts Family Lane will be constructed in the future on the property immediately
adjacent to the Property. However, said construction ~vill occur only at such time the adjacent
property becomes available for constructing the other portion of Roberts Family Lane. In the
meantime, the parties further acknowledge and agree that the portion of Roberts Family Lane
constructed on Developer's Property will be a temporary one-way street as depicted on the Final
Engineering Plans.
(b) If the adjacent property becomes available to the City for constnicting Roberts
Family Lane prior to or during the construction of Roberts Family Lane on the Developer's
Property, Developer agrees to construct Roberts Family Lane on the Developer's Property and
the adjacent property. Developer's obligation to construct Roberts Family Lane on the adjacent
property terminates upon Developer's completion of construction of the `h road segment of
Roberts Family Lane location on the Developer's Property. The City shall reimburse Developer
in U.S. funds, by check, for the Roadway Expenses associated with constructing Roberts Family
Lane pursuant to the applicable terms and conditions of paragraph 4(c) of the Pre-Annexation
Developer's Agreement dated September 20, 2004 and recorded November 16, 2004 in Book
~516, Pages 1320-1~42 ofthe Official Records of Seminole County, Florida.
(c} Developer agrees to indemnify and hold harmless the City and its commissioners,
employees, and city attorneys from and against all claims, losses, damages, personal injuries
(including but not limited to death), or liability to the person or property (including reasonable
attorney's fees through any and all administrative, trial, post judgment and appellate
proceedings), directly or indirectly arising from the negligent acts, errors, omissions, intentional
or otherwise, arising out of or resulting from Developer's and its contractor's construction of
Roberts Family Lane. This indemnification shall survive the expiration or termination of this
Agreement.
3, Disclosure to Future Residents of Roberts Familv Lane. Developer agrees to
incorporate into every sale and purchase contract for all townhome units located along Roberts
Family Lane on the Property, a disclosure form advising said prospective purchasers that Roberts
Family Lane will be a two-way collector road at such time the adjacent property becomes
Second Modification to Pre-Annexation Developer's Aereement
Ciq~ of Winter Sprin~s and Levitt & 5ons of Seminole County, LLC.
~
available for constructing the other portion of said lane. In addition, the one-way nature of
Roberts Family Lane is only temporary in nature until such time the adjacent property becomes
available. A copy of the disclosure form is attached hereto as EXHIBIT "A" and is hereby
deemed fully incorporated herein by this reference. The parties agree that minor modifications
will be made to the disclosure form to conform it to each purchaser.
4. Effect of Amendment. All other terms and conditions of the Developer's
Agreement, not in conflict with this Amendrnent, 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.
CITY OF WINTER SPRINGS
ATTEST:
By:
Andrea Lorenzo Luaces, City Clerk
CITY SEAL
By:
By:
John F. Bush, Mayor
APPROVED AS TO FORM AND LEGALITY
For the use and reliance of the City of Winter
Springs, Florida, only.
Dated:
Anthony Garganese, City Attorney for
the City of Winter Springs, Florida
Second ivlodification to Pre-Annexation Developer's A~reement
City of ~Vin[er Springs and Levitt & Sons oFSeminole County; LLC.
~
J
Signed, sealed and delivered in the
presence of the following witnesses
Sionature of Witness
Printed Name of Wimess
Sienature of Witness
Printed Name of Wimess
STATE OF FLORIDA
COUNTY OF
LEVITT & SONS OF SEMINOLE COUNTY,
LLC., a Florida limited liability company
By:
Printed Name:
Title:
The foregoing instrument was acknowledged before me this day of
, 2007, by . as
of LEVITT & SONS OF SEMINOLE COLTNTY, LLC., a Florida limited liability company, on
behalf of said company. He is personally known to me or produced
as identification.
(NOTARY SEAL)
My Commission Expires: _
(Notary Public 5ienature)
(Print Name)
Notary Public, State of
Commission No.:
Second Modification to Prz-Annexation Developer's Agreement
City of 1Vinter Sprines and Levitt & Sons of Seminole County, LLC.
4
JESUP'S RESERVE - Purchaser Ackno~vled~ement for Units Located Alon~ Robert's
Family Lane
Purchaser, , purchaser of Unit , hereby
acknowledges that Roberts Family Lane, a one-way street located along the east boundary line of
the Property, will be widened to a two-]ane street at a future date provided that the adjacent
property is acquired by the City and becomes available for constructing the second lane of
Roberts Family Lane. This Acknowledgement is hereby appended to and made a part of the
Purchase and Sale Agreement between Purchaser and Seller, Levitt and Sons of Seminole
County, LLC, a Florida limited liability company, dated ,_, 2007. The
consideration for this Acknowledgement shall be the same consideration as stated in the
Purchase and Sale Agreement.
I acknowledge receipt of this Acknowledgement, have carefully read and reviewed its terms and
understand same.
Dated:
Purchaser:
;O1 166i04; t }
EXHIBIT
d ..~ „
9
BRO~JN, GARGANESE, ~JEISS & D'AGR.ESTA, P.A.
~ ~l`OY7Z yS Glt L.Cl1~J
Debra S. Babb-Nutcher' Offices in Orlando, ILissirnmee, Cocoa, Vivian P. Cocotas
Joseph E. Blitch Ft. Lauderdale & Tampa Scott J. Dornstein
Usher L. Brown' Mitcheil B. Haller
Suzanne D'Agresta° Katherine W. Latorre
Anthony A. Garganese° Terri E. Oster
J.W. Taylor Amy J. Pitsch
Jeffrey S. Weiss _
'Board Certified Civil Trial Lawyer
°Board Certified City, County & Local Govemment Law
~Board Certified Appeilate Practice
August 21, 2007
Andrea Lorenzo-Luaces, City Clerk
City of Winter Springs
1126 East State Road 434
Winter Springs, Florida 32708
Re: Second Modification of Pre-Annexation Developer's Agreement
Dear Andrea:
Erin J. O'Leary'
Catherine D. Reischmann"
William E. Reischmann, Jr.
Of Counsel
Please find enclosed for safekeeping, the original fully executed and recorded Second
Modification of Pre-Annexation Developer's Agreement between the City of Winter Springs and
Levitt & Sons of Seminole County, LLC.
Should you have any questions, please do not hesitate to contact our offices.
Very truly yours,
j ~-~ ` _
\J~rv_ _
l
st D. Matta
Assistant to A. Garganese
City Attorney
Enclosure
/kdm
225 East Robinson Street, Suite 660 • P.O. Box 2873 • Orlando, Florida 32802-2873
Orlando (407) 425-9566 Fax (407) 425-9596 • Kissimmee (321) 402-0144 • Cocoa (866) 425-9566 • Ft. Lauderdale (954) 670-1979
Website: www.orlandolaw.net • Email: firm@orlandolaw.net
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THIS INSTRUi~1ENT WAS PREPARED BY
AND SHOULD BE RETURNED TO:
Anthony Garganese
City Attorney of Winter Springs
~ Bro~vn, Garganese, Weiss & D'Agresta, P.A•
~ 235 E. Robinson St., Suite 660
• Orlando, FL 32801
(407)42~-9~66
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CLERK'~ # 20~7119405
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DING DEPARTNIENT USE ONLY
SIECOND MODIFICATION OF PRE-ANNEXATION DEVELOPER'S AGREEMENT
TFIIS SECOND M4DIFICATION OF PRE-ANNEXATION DEVELOPER'S
AGREEMENT (the Amendrnent") is made and executed this ~~' day of ~~$-~ ~_~ 2007,
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 COUNTe 41~0 Boca R ton, F orida 33434y company ("Levitt"),
whose address is 7777 Glades Road, Su ,
WITNE5SETH:
WHEREAS, Highlander Investments, Ltd., a Florida limited partnership ("Highlander"),
and the City previously entered into a binding Pre-A~inexation Developer's Agreement dated
September 20, 2004 and recorded November 16, 2004 in Official Recards Book 5516, Pages
1320-1342, as modified pursuant to that certain First Modification of Pre-Annexation
Developer's Agreement dated April 25, 2006 and recorded in Official Records Book 6226, Pages
797-804, both of the Public Records of Seminole County, Florida (together the "Developer's
Agreement"), relatin~ to certain real property located in Seminole County, Florida and more
particularly described therein (the "Property"); and
WHEREAS, the parties desire to amend the Developer's Agreement regarding the
constniction of a portion of Roberts Famiiy Lane pursuant to the terrns and condiiions contained
herein.
NOW THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties muriially agree to amend the Developer's A~'eement as follows:
l. 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 Developer's A~reement.
Second Modification to Pre-Annexarion Developer's Agreement
City of Winter Springs and Leaitt & Sons of Seminole County, LLC.
1
2. Roberts Familv Lane Construction. With respect to Roberts Family
Lane, Developer and City asrees as follows:
(a) Developer and City acknowled~e and agree that pursuant to the Town Center
Master Plan, Roberts Family Lane will be a two-way public collector road. In accordance with
the Final Engineering Plans approved by the City Commission on August 8, 2005, Developer has
agreed to construct a portion (1/2 road se~ment) of Roberts Family Lane on the Property, which
is generally located at the intersection of S.R. 434 and Roberts Family Lane and running along
the eastern most boundary of the Property. Construction of that portion of Roberts Family Lane
shall be completed prior to the certificate of occupancies being granted for townhome units 61
throu~h 70. Said units are located along Roberts Family Lane and identified on the Jesup's
Reserve Townhomes Replat, which is recorded in Plat Book 71, Page 90 of the Public Records
of Seminole County, Florida. Developer and City also acknowledge and agree that the other
portion of Roberts Family Lane will be constructed in the future on the property immediately
adjacent to the Property. However, said construction will occur only at such time the adjacent
property becomes available for constructing the other portion of Roberts Family Lane. In the
meantime, the parties further acknowledge and a~ee that the portion of Roberts Family Lane
constructed on Developer's Property will be a temporary one-way street as depicted on the Final
Engineering Plans.
(b) If the adjacent property becomes available to the City for constructing Roberts
Family Lane prior to or during the ct Roberts FamR~ Lane on the Developer'sePropert pand
Property, Developer agrees to constru
the adjacent property. Developer's obligation to construct Roberts Family Lane on the adjacent
property terminates upon Developer's completion of construction of the 1/2 road segment of
Roberts Family Lane location on the Developer's Property. The City shall reimburse Developer
in U.S. funds, by check, for the Roadway Expenses associated with constructing Roberts Family
Lane pursuant to the applicable terms and conditions of paragraph 4(c) of the Pre-Annexation
Developer's A~reement dated September 20, 2004 and recorded November 16, 2004 in Book
5516, Pages 1320-1342 of the Official Records of Seminole County, Florida.
(c) Developer agrees to indemnify and hold harmless the City and its commissioners,
employees, and city attorneys from and against all claims, losses, damages, personal injuries
~including but not limited to death), or liability to the person or property (including reasonable
attorney's fees through any and all administrative, trial, post judgment and appellate
proceedings), directly or indirectly arising from the negligent acts, errors, omissions, intentional
or otherwise, arising out of or resulting from Developer's and its contractor's construction of
Roberts Family Lane. This indemnification shall survive the expiration or termination of this
Agreement.
;. Disclosure to Future Residents of Roberts Familv Lane. Developer agrees to
incorporate into every sale and purchase contract for all townhome units located along Roberts
Family Lane on the Property, a disclo lecto~ oad at isuch rime thecadjapenthpropertyabecomes
Family Lane will be a two-way col
Second Modification to Pre-Annexation Developer's Aereement
City of `Vinter Sprin~s and Levitt & Sons of Seminole County, LLC.
2
available for constructing the other portion of said lane. In addition, the one-way nature of
Roberts Family Lane is only temporary in nature until such time the adjacent property becomes
available. A copy of the disclosure form is attached hereto as EXHIBIT "A" and is hereby
deemed fully incorporated herein by this reference. The parties agree that minor modifications
will be made to the disclosure form to conform it to each purchaser.
4. 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.
CITY OF WINTER SPRINGS
~~ ~ ~
By: ,~,~~--~ ,~. ~~~.~,~~
Jol~F. Bush, Mayor
ATTEST:
By. `~ ~`~' / i
Andr~,~'~orenzo Luaces, City Clerk
APPROVED AS TO FORM AND LEGALITY
For the use and reliance of the City of Winter
S~;rings, Florida, only.
~ ~~ ~ ~
Dated: ~
BY~~--'~ --- --
Anthony Targanese, City Attomey for
the City of Winter Springs, Florida
Second Modification to Pre-Annexation Developer's Agreement
City of Winter Springs and Levitt & Sons of Seminole County, LLC.
3
Signed, sealed and delivered in the
presence of the following witnesses:
i~naturz of \Vitness
~s~ ~. rn, l l e,~"
Prinied Name of \Vimess
~NI - ~
`~~~l.U--(t~~ SU~c'~~
Printed hamz of FVimess
LEVITT & SONS OF SEMINOLE C(3UNTY,
LLC., a Florida luy~liability company
STATE OF FLF"~ ~~~_~
GOUNTY O ~ _~. ~.-', ~~"~
The foregoing instrument was ackilo«rledged before me this ~ day of
~ G ~ i.. , 2007, by ~~C't..)C` ~~~ ~ ~Ci`~ 1Gt_.-L,-- , as
~ Joz LEVI T& S4NS OF SEMLNOLE COU~NTY, LLC., a Florida limited liability company, on
behalf of said company. He i~ personally known to me or produced
as identification.
. '
(NOTARY SEAL) ~-'~C~ L ~ ~ ~C% ~G2~~GC.`~Z~----'
~ry ublic Si~ature)
~C"~ ~~ ` C~-~"' l GX.. .P ~- ~%~..,~
(Print t~ame)
NotaryPublic, State of
Commission No.:
My Commission Expires: _
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Second Modificadon to Pre-Anne~ation D~~'elopzr's A~~eemeni
City of \'~'inter Springs and Levitt & 3ons of Seminole County, LLC.
~
JESUP'S RESERVE - Purchaser Acknawled4ement for Units Located Alon~ Robert's
Familv Lane
Purchaser, , purchaser of Unit _, hereby
acknowledges that Roberts Family Lane, a one-way street located along the east boundary line of
the Property, will be widened to a two-lane street at a future date provided that the adjacent
property is acquired by the City and becomes available for constructing the second lane of
Roberts Family Lane. This Acknowledgement is hereby appended to and made a part of the
Purchase and Sale Agreement between Purchaser and Seller, Levitt and Sons of Seminole
County, LLC, a Florida limited liability company, dated ,_, 2007. The
consideration for this Acknowledgement shall be the same consideration as stated in the
Purchase and Sale Agreement.
I acknowledge receipt of this Acknowledgernent, have carefully read and revietived its terms and
understand same,
Dated:
Purchaser: