HomeMy WebLinkAbout2006 04 10 Regular Item 310 ADD-ON Jesups Reserve Development Agreement Modificatio
COMMISSION AGENDA
ITEM 310
Consent
Information
ADD-ON
Public Hearing
Regular X
April 10, 2006
Meeting
MGR./Dept.
REQUEST:
The Community Development Department requests the City Commission approve the
proposed Modification to the Pre-Annexation Agreement for Jesup’s Reserve.
______________________________________________________________________________
PURPOSE:
The purpose of this agenda item is to present for approval, a Modification to the Pre-
Annexation Agreement for the Levitt and Sons townhouse development on the south side of S.R. 434 in
the Town Center.
APPLICABLE REGULATIONS:
Chapter 20, Article III, Division 12. Town Center District Code (sections 20-320 thru 20-327).
Chapter 20, Article VI, Division 2. General Design Standards for New Development Area (sections 20-463 thru
20-475).
Pre Annexation Developer’s Agreement
Town Center Phase I Site Development Permit Agreement
CHRONOLOGY:
Aug. 23, 2004- Concept Plan approval for as many as 170 town home units on 11.03 acres with rear-loaded 2
car garages.
Sept. 20, 2004-Pre-Annexation Developer’s Agreement approved and executed with Highlander Investments
Mar. 28, 2005- City Commission approved a revised concept plan for 160 units.
April 5, 2005- As a result of discussions with staff the northwest corner of the project was redesigned to
eliminate a frontage roadway. This revision resulted in the addition of one (1) townhouse unit,
making a total of 161 townhouse units on this site.
May 10, 2005-Site Development Permit Agreement approved and executed with Highlander Investments Ltd.
Aug. 8, 2005- Final Engineering Approved with a Modification to the Pre-Annexation Developer’s
Agreement.(This was never executed nor recorded.)
Sept 26, 2005- Aesthetic Review submittal Approved.
CONSIDERATIONS:
April 10, 2006
Regular Item 310
Page 2
Several deviations from the Town Center Code, require that the Developer’s Agreement be modified. The
proposed Modification incorporates the previously approved agreement and basically addresses the following
issues:
Reduced porch depth for no more than 20% of the units (primarily those units with a 6’ build-to line);
Plat to be Re-Platted to address porch and stoop encroachments into common areas and removing
unnecessary drainage/utility easements (prior to the issuance of any Certificate of Occupancies)
Location and Timing of Construction for the previously approved Screen Wall along the western
perimeter;
Permanent Project Signage at McLeod’s Way and SR 434; and
Timing of conveyance of Street Lighting Plan.
These deviations were contemplated during the previously approved Final Engineering and Aesthetic Review;
Therefore, these items do not need to be amended. Additionally, the Final Engineering approval included several
changes to the vehicular circulation (based on public safety comments from Staff) from the Concept Plan, so the
modified Development Agreement language memorializes this change.
Dover-Kohl supports the reduced porch depth (resulting from the 6’ build to line) since if affects less than 30% of
the units. The topic of the 6’ build-to line was addressed and resolved in February 2005. However, the resolution
did not include a reduced porch depth.
Buildings affected by 6’ Build-to Line:
Additional text changes are included because the Modification to the Pre-Annexation Agreement approved
concurrent with the Final Engineering was never executed or recorded.
April 10, 2006
Regular Item 310
Page 3
The site is currently under construction.
FINDINGS:
1.The subdivision plan is consistent with the Comprehensive Plan and with the City Code, except
as either specified in previously approved agreements (Pre-Annexation Developer’s Agreement
and the Site Development Permit Agreement) or as presented here in the proposed Modification
to the Pre-Annexation Developer’s Agreement.
RECOMMENDATION:
Staff recommends that the City Commission approve the Modification to the Developer’s Agreement for
Jesup’s Reserve.
ATTACHMENTS:
A.Memo from Dover-Kohl
B.Modification to the Pre-Annexation Developer’s Agreement, April 2006
CITY COMMISSION ACTION:
DOVER, KOHL, & PARTNERS
Memorandum
To: Eloise Sahlstrom
City of Winter Springs
Cc: Victor Dover
From: James Daugherty
Date: 22 March, 2006
Subject: Jesups Reserve and Jesups Landing=porch depths
comments:
Regarding the depths of porches and stoops:
Allowing a small percentage (appoximately 20%) of the porches and stoops within the
Jesups Reserve and Jesups Landing projects to be 6 feet in depth rather than the required 8
feet should not be detrimental to the functioning of the Town Center.
While not deep enough to easily accommodate a table and chairs, the 6 foot depth will
provide usable standing room on the porches and stoops.
These shallow porches, combined with their close proximity to the sidewalk will create a
somewhat more urban feeling for these units, which will help create useful variety in the feel
of the street spaces.
THIS INSTRUMENT WAS PREPARED BY
AND SHOULD BE RETURNED TO
Anthony Garganese
City Attorney of Winter Springs
Brown, Garganese, Weiss & D'Agresta, P.A.
225 E. Robinson St., Suite 660
Orlando, FL 32801
(407) 425-9566
FOR RECORDING DEPARTMENT USE ONLY
FIRST MODIFICATION OF PRE-ANNEXATION DEVELOPER'S AGREEMENT
THIS FIRST MODIFICATION OF PRE-ANNEXATION DEVELOPER'S
AGREEMENT
(the "Amendment") is made and executed this _____ day of __________, 2006,
CITY OF WINTER SPRINGS
by and between the , a Florida Municipal Corporation (the
LEVITT
"City"), whose address is 1126 East S.R. 434, Winter Springs, Florida 32708, and
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, 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 of Winter 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
Levittsagreement 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):
(1) 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)(11)
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 (10) 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
minimum 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 4(j) of the Pre-Annexation Developer's Agreement is
hereby amended as follows:
"(j) Wall requirement. In accordance with Section 20-417, Winter
Springs City Code, Highlander Levitt shall construct an opaque
wall of six (6) feet in height along the full length of the western
property line, excluding the frontage road. beginning in the
unimproved right-of-way owned by the City and extending toward
State Road 434 along 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-way. The timing for the construction of said wall shall be
coordinated with the extension of infrastructure into the adjacent
property.
4. Guest Parking Spaces. Section 4(o) of the Pre-Annexation Developer's Agreement
is hereby deleted in its entirety, and the following new Section 4(o) is hereby inserted in lieu, in
place and instead thereof, to wit:
(o) Parking Spaces. 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 Lighting 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) of the 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 of lettering attached to the pier and
garden wall spelling "Jesup's Reserve" (total signage dimensions to be approximately 1 foot high
First Modification to Pre-Annexation Developer's Agreement
City of Winter Springs and Levitt & 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 Required. 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 OF WINTER SPRINGS
By:
John F. Bush, Mayor
ATTEST:
By:
Andrea Lorenzo Luaces, City Clerk
APPROVED AS TO FORM AND LEGALITY
For the use and reliance of the City of Winter
Springs, Florida, only.
Dated:
CITY SEAL
By:
Anthony Garganese, City Attorney for
the City of Winter Springs, Florida
First Modification to Pre-Annexation Developer's Agreement
City of Winter Springs and Levitt & Sons
- 6 -
Signed, sealed and delivered in the LEVITT & SONS OF SEMINOLE COUNTY,
LLC.,
presence of the following witnesses: a Florida limited liability company
By:
Signature of Witness Printed Name:
Title:
Printed Name of Witness
Signature of Witness
Printed Name of Witness
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this ______ day of
____________, 2006, by _______________________________, as ______________________
of LEVITT & SONS OF SEMINOLE COUNTY, LLCa Florida limited liability company, on
behalf of said company. He is personally known to me or produced
_____________________________ as identification.
(NOTARY SEAL)
(Notary Public Signature)
(Print Name)
Notary Public, State of
Commission No.:
My Commission Expires:
First Modification to Pre-Annexation Developer's Agreement
City of Winter Springs and Levitt & Sons
- 7 -
Jesups
Reserve
Garden Wall With Lettering
.,:::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
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CITY OF WINTE~~piu;rt.~
. l... ~-:...~
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F. Bush, MayO~. 'a....:~\~...
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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:
,--:~\ /.'
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LEVITT & SONS OF SEMINOLE COUNTY,
LLC., a Florida limited liability company
~~.
Printed Name: -~- ~",,"~, Pl;..
Tit1e:~.r. c..~ L~ M";~\~e'''''+
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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.
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(NOTARY SEAL)
Public Signat~re) (\
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(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
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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-
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