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HomeMy WebLinkAbout2006 07 24 Regular 301 Development Agreement Villa Grande COMMISSION AGENDA ITEM 301 July 24. 2006 Meeting Consent Information Public Hearin Re ular X ~GR. /--~/Dept. tiI- REQUEST: The Community Development Department requests the Commission consider the final engineering plans and Development Agreement for the Villa Grande Condominium Development. Villa Grande is comprised of 152 condominium units and associated infrastructure on 4.78 acres in the Town Center on the north side of SR 434, just east of the City Hall Building. PURPOSE: The purpose of this Agenda Item is for the Commission to consider and approve the final engineering plan and the associated development agreement for 152 condominium units on 4.78 acres in the Town Center on the north side of SR 434, just east ofthe City Hall Building. APPLICABLE REGULATIONS: Chapter 166, Florida Statutes Comprehensive Plan Chapter 5, City Code Chapter 9, City Code. Town Center District Code (sections 20-320 thru 20-327). CONSIDERATIONS: Overview The project is located on 4.78 acres, north ofS.R. 434, just east of Winter Springs City Hall and west of Doran Drive. The property is located in the "Town Center" zoning district and has a Future Land Use designation of "Town Center". The heavily vegetated site abuts SR 434 along its southern property line, Winter Springs City Hall to the west, the Hickory Grove park site to the east, across Doran Drive, and a parcel identified as a neighborhood square to the north. All of these parcels are within the Town Center. The applicant proposes to construct 152 condominium units contained in five (5) buildings ranging from four (4) to six (6) stories in height. The ground floor of each building will be utilized as a covered parking garage. The site plan includes a total of284 parking spaces of which 159 spaces are covered July 24, 2006 Regular I tern 301 Page 2 of 4 and 12 are handicapped spaces. The remaining 125 spaces are surface parking. An additional 54 off-site parallel spaces are provided along the Doran Drive and Edge Drive roadways. The City Commission took an initial, informal look at the proposed development plan during the August 15,2005 Town Center Workshop. Topics of discussion during the workshop included providing public access to the site and how to avoid the appearance of a "gated community". The relationship of the proposed development to the previously mentioned park, the neighborhood square, the Doran Drive frontage, and the intersection of Doran Drive and Blumberg Boulevard were also topics of discussion at the workshop. The final engineering plans indicate three (3) points of pedestrian access along the project's perimeter. These pedestrian access points are provided as gates with gazebos in the perimeter garden wall. The City's Town Center consultant has reviewed the proposed layout of vehicular and pedestrian traffic and access points and has provided a favorable review of the proposed layout. The City Commission approved the preliminary engineering plans at the April 10, 2006 Regular City Commission meeting. The Conceptual Plan along with the building height issue and the proposed parking ratio were considered at the September 12, 2005 City Commission meeting. A traffic study has been submitted and approved by the City. This traffic study is consistent with the City's Town Center/S.R. 434 Corridor Master Plan and has been reviewed and approved by City staff. The final engineering plans are in substantial conformance with the preliminary engineering plans approved by the Commission on April 10, 2006. The final engineering for Villa Grande incorporates the construction of approximately 725 linear feet of Doran Drive as a town center street from the intersection of Blumburg Boulevard northward to the right- of-way of Second Street. The final engineering also incorporates the construction of275 linear feet of Edge Drive along the northernmost property line of the project. Both of these roadways are in accordance with Section 20-325 of the City's Code of Ordinances (the Town Center Code) except as noted later in this report and as detailed in the Development Agreement. The site has central water and sewer available, with adequate capacity. Stormwater capacity will be provided through the construction of culverts and drainage pipes so that all stormwater outfalls into the City owned wet detention pond (the Pond) located behind City Hall. It has been determined that the Pond has sufficient capacity to accommodate all stormwater runoff from the project without impacting the City's ability to construct future improvements on the City Hall property. Conditions for Approval of the Final Eneineerine 1. Move one (1) handicapped parking space from the center parking island to the parking bay in front of the clubhouse/pool area. 2. Site lighting and photometric plans shall be submitted and approved before any certificate of occupancy is issued for the project. 2 July 24, 2006 Regular Item 301 Page 3 of 4 3. All street lights, bollards (if any), fixtures, and street signage are subject to staff review to ensure compliance with the Town Center Code. 4. All aspects of the final engineering for Villa Grande are subject to the stipulations contained in the Development Agreement that is also the subject of this agenda item. 5. An arbor permit is required for development of this property. Arbor permit fees shall be paid prior to the issuance of any permit for site work. In addition, there are two (2) specimen trees on the property. A fee of$I,OOO ($500 X 2 specimen trees) shall be paid along with the arbor permit fees. Deviations from Code: (as addressed in the attendant Development Agreement) 1. LeCesse is permitted to have as much as 81 feet between buildings with the installation of the connecting garden walls as depicted on the final engineering plans. 2. Notwithstanding the 55 foot maximum height requirement set forth in Section 20-325 of the City Code, LeCesse may construct buildings with a maximum building height of six (6) stories. 3. LeCesse shall construct a clubhouse which may only have one story, provided said clubhouse is approved by the City Commission pursuant to the aesthetic review standards and procedures and procedures set forth in Section 9-600 et. seq., City Code. Said clubhouse shall be set back from Doran Drive as indicated in the Final Engineering Plans. 4. LeCesse shall have the right to utilize the ground floor of its buildings as a parking garage provided the fayade of the garage is approved by the City Commission pursuant to the aesthetic review standards and procedures set forth in Section 9-600 et. seq., City Code. 5. No frontage road shall be constructed as otherwise provided by Section 20-325, City Code. 6. Maximum building width (185 to 190 feet) shall exceed 160 feet as set forth in Section 20-325. 7. The 50 foot setback requirement for structured parking under Section 20-324 shall not be required for the first floor parking provided the first floor parking is constructed in accordance with the Final Engineering Plans. 8. The sidewalk on the west side of Doran Drive may be constructed at 11.5 feet in width instead of the 12 feet required by Section 20-325. 9. "Build to" lines shall be as depicted on the Final Engineering Plans. CHRONOLOGY: September 12, 2005 - City Commission considered the conceptual development plan for the 152 condominium units on 4.78 acres in the Town Center. The Commission also discussed the building height (6 stories) and the parking at 1.88 spaces per unit. 3 July 24, 2006 Regular Item 301 Page 4 of 4 April 10, 2006 - Preliminary Engineering/Site Plan approved by City Commission FINDINGS: 1. The proposed development is located within the City of Winter Springs Town Center. 2. The attached final engineering plans and development agreement are consistent with the Comprehensive Plan, subject to the items outlined above. 3. Any deviations from the Code must be addressed through a development agreement, special exception, or some other appropriate mechanism. 4. Any proposed street names are tentative and subject to approval by the County's 911 committee, to avoid duplication. RECOMMENDATION: Staff recommends the City Commission approve the attached final engineering plans and the attendant development agreement for Villa Grande Condominium development, subject to the conditions of approval enumerated above. ATTACHMENTS: A - Location Map B - Final Engineering/Development Plans C - Development Agreement COMMISSION ACTION: 4 ~ ~ H { I ,/ ~----'" ~".___ I I "........."....;1 ........... "'::::::......,. "........... ....~~--- "..... ,~-.... '- "- ......." .... "- "- "- '- "- '-'- D c B A 1 2 3 6 7 f:J.: ~. ~. ~: 1 MILE ....... 't NOTES: Municipal Address Map Book PRINTED: REVISED: Apr 2005 1: City of Winter Springs, FL o 200 1"1---..- 400 . Feet 2 : 3' ap Page Developed By: Sou/hear/em Surveying & Mapping Corp. 2603 ATTACHMENT C THIS INSTRUMENT W AS PREPARED BY AND SHOULD BE RETURNED TO: Anthony A. Garganese City Attorney Brown, Garganese, Weiss & D' Agresta, P.A. PO Box 2873 225 E. Robinson Street, Suite 660 Orlando, Florida 32802 (407) 425-9566 DEVELOPER'S AGREEMENT This DEVELOPER'S AGREEMENT (the "Agreement") is made and executed this _ day of 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 LECESSE DEVELOPMENT CORPORATION, a Florida corporation as assignor for an entity in formation ("lecesse") whose address is 650 S. Northlake Boulevard, Suite 450, Altamonte Springs, Florida 32701. WITNESSETH WHEREAS, lecesse has contracted pursuant to a written Purchase Contract (the "Purchase Contract") to purchase from Juanita Blumberg the fee simple ownership of certain real property containing 4.78 acres +/- located in the City of Winter Springs and more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference (the Property); and WHEREAS Lecesse desires to buy the Property, provided that lecesse is able to develop the Property as a residential multifamily community to be comprised of 152 residential units in five multifamily buildings which buildings are respectively between 4 and 6 stories each (the "Project") as depicted in that certain Master Site Plan, entitled Villa Grande at Town Center, dated October 14, 2005 and last revised on April 4, 2006, and prepared by CCl / IBI Consultants, Inc. under project No 3172, a copy of which is attached hereto as Exhibit "B" and incorporated herein by this reference (referred to as the "Concept Plan") and in accordance with the terms and conditions of this Agreement; and WHEREAS the City and lecesse desire to set forth the following special terms and conditions with respect to the proposed development of the Project. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties mutually agree as follows: City of Winter Springs / Lecesse Development Corporation Developer's Agreement 10f8 1. Recitals. The foregoing recitals are true and correct and are hereby incorporated herein by this reference. 2. Authoritv. This Agreement is entered into pursuant to the Florida Municipal Home Rule Powers Act. 3. Obli~tions and Commitments. In consideration of the City and Lecesse entering into thIS greement, the CIty and Lecesse hereby agree as follows: (a) Approval of Preliminary Engineering Plans. The City hereby acknowledges and agrees that the Preliminary Engineering Plans approved by the City Commission on April 24, 2006 ("Preliminary Engineering Plans) are acceptable, provided, however, Lecesse shall have the Obligation to further submit and obtain the City's approval of final engineering plans. Lecesse and the City agree that the Preliminary Engineering Plans are-subject to reasonable adjustments at the final engineering phases in order to bring the Project into full compliance with the City Code. Upon approval by the City Commission, the Final Engineering Plans shall be substituted for the Preliminary Engineering Plans referenced herein and control the development of the Project. Further, Lecesse shall also have the obligation to construct aesthetic enhancements to the Project as may be reasonably requested by the City in accordance with the City Code, particularly the City's Town Center District Code and the aesthetic review ordinance set forth in section 9-600 et. seq., City Code. (b) Utilities. The City hereby acknowledges and agrees that it currently has sufficient water and sewer treatment plant capacity available to service the Project and agrees that it shall provide such water and sewer services to the Project. (c) Roadwavs: Collector Road. All roadways shall be designed and constructed pursuant to the Town Center District Code. In order to facilitate the safe, efficient and orderly flow of traffic throughout the Winter Springs Town Center, the City desires that Lecesse construct the road improvements as delineated below (the "Roads"). The Roads to be built by Lecesse are: (1) In consideration of being permitted to use the City-owned wet detention pond in accordance with subparagraph 3 (d), Lecesse shall improve, to the City's complete and reasonable satisfaction, approximately 725 linear feet of that portion of the dedicated right of way of Doran Drive which is situated between the intersection of Blumberg Blvd. and the right of way of Second Street, as depicted on the Preliminary Engineering Plans; and (2) Dedicate the right-of-way and construct approximately 275 linear feet of Edge Dri ve along the northern most line of the Property, as reflected on the Preliminary Engineering Plans. The right-of-way shall be dedicated in a form acceptable to the City Attorney and at such time the City requests the dedication in writing. The Roads shall be designed, located and constructed in accordance with the Preliminary Engineering Plans and shall consist of two different design segments as aforedescribed. City of Winter Springs / Lecesse Development Corporation Developer's Agreement 20f8 Lecesse agrees to convey to the City that portion of the Roads located on the Property as depicted on the Preliminary Engineering Plans, along with all related improvements thereon and thereunder. All such land conveyances shall be by a recorded plat and free and clear of all encumbrances. Conveyance of improvements shall be by bill of sale and free and clear of all liens. The plat and bill of sale shall be in a form acceptable to the City Attorney. (d) Construction of Stormwater Improvements. Lecesse has designed the Project so that all stormwater quality, retention and/or detention improvements for the Property, together with the roadway improvements to be located adjacent to and/or within the Project, are located offsite at the City-owned wet detention pond located behind City Hall (the "Pond"). Lecesse may design and construct culverts and drainage pipes so that all storm water drains into the aforesaid Pond in accordance with City and SJR WMD criteria and standards. The City acknowledges that the Pond, as constructed, has sufficient capacity to accommodate stormwater runoff from the Project. The City will grant such easements as are reasonably needed to insure that the project has the perpetual right to drain into said ponds. (e) Installation of Utility Lines by Lecesse. Lecesse hereby acknowledges and agrees that utilities for telephone and electric power along the frontage of the Project shall be installed underground along that boundary of the Property abutting S.R. 434. Lecesse shall convey to the City a non-exclusive utility easement, ten (10) feet in width, along the entire southern boundary of the Property adjacent to SR. 434, except that the easement adjacent to Building #5 as shown on the Preliminary Engineering Plans shall be five (5') feet in width, in a form acceptable to the City Attorney. (f) Town Center Code Waivers. Based on the Preliminary Engineering Plans and Lecesse's agreement to the terms and conditions set forth in this Agreement, the City Commission hereby grants the following waivers / variances to the Town Center District Code pursuant to the special exception criteria enumerated in Section 20-321 (c): (aa) Lecesse is permitted to have as much as 81 feet distance between buildings, with the installation of the connecting garden walls as depicted on the Preliminary Engineering Plans. (bb) Notwithstanding the 55 foot maximum height requirement set forth in section 20-325, Lecesse may construct buildings with a maximum building height of six stories. (cc) Lecesse shall construct a clubhouse which may only have one story, provided said clubhouse is approved by the City Commission pursuant to the aesthetic review standards and procedures set forth in section 9-600 et. seq., City Code. City of Winter Springs / Lecesse Development Corporation Developer's Agreement 30f8 Said clubhouse shall be setback from Doran Drive as indicated on the Preliminary Engineering Plans. (dd) Lecesse shall have the right to utilize the ground floor of its buildings as a parking garage, provided the fa9ade of the garage is approved by the City Commission pursuant to the aesthetic review standards and procedures set forth in section 9-600 et. seq., City Code. (ee) No frontage road shall be constructed as otherwise provided by section 20- 325, City Code. (ff) Maximum building width (185 to 190 feet) shall exceed 160 feet as set forth in section 20-325. (gg) The 50 foot set back requirement for structured parking under section 20-324 shall not be required for the first floor parking, provided the first floor parking is constructed in accordance with the Preliminary Engineering Plans. (hh) The sidewalk on the west side of Doran Drive may be constructed at 11.5 feet in width, instead of the 12 feet required by section 20-325. (ii) Build to lines for all roadways shall be as depicted on the Preliminary Engineering Plans. (g) Trash/Refuse Pick-up. Trash and refuse service shall be provided by the City's waste hauler at designated dumpster areas depicted on the Preliminary Engineering Plans unless otherwise approved by the City Manager in writing. (h) Fence ReQuirement. In accordance with Section 20-417, Winter Springs City Code, Lecesse shall construct a decorative metal fence facing the property on which City Hall is located, provided the fence is approved by the City Commission pursuant to the aesthetic review standards and procedures set forth in section 9-600 et. seq., City Code. (i) Mandatorv Association Required. Lecesse shall form a mandatory condominium association (the "Owners Association") for purposes of maintaining any and all common areas, landscaping, entrance signs, walls, fences, recreational areas, and stormwater facilities associated with the Project. Lecesse will file a Declaration of Condominium, (the "Declaration") among the Public Records of Seminole County, Florida to evidence the formation of the Owners Association and establish its rights, duties and obligations. The Declaration shall be in a form reasonably acceptable to the City Attorney and. shall require the Owners Association, and the members thereof, to be bound by the terms and conditions of this Agreement. Lecesse shall have the right to develop the condominium in one or more phases. City of Winter Springs / Lecesse Development Corporation Developer's Agreement 40f8 U) Levels of Service. The City acknowledges that the "Levels of Service" (e.g. water, sewer, wastewater, solid waste, roads, traffic, and parks) located in the vicinity of the Property are sufficient to accommodate the Project. Accordingly, the proposed project complies with the City's "concurrency" requirements. (k) Recreational Area. Lecesse shall provide and maintain a recreational area within the Project as shown on the Preliminary Engineering Plans. (1) Parking Spaces. As reflected in the Preliminary Engineering Plans approved by the City, the Project will provide 284 parking spaces, of which 159 spaces are covered, and 12 are handicapped spaces. Of the 284 parking spaces, there will be a minimum of one parking space assigned per dwelling unit. No additional parking spaces are required. (m) Landscape Plans. Landscaping shall be installed and maintained in accordance with the landscape plans approved by the City Commission. In addition, to the standard Arbor Permit Fee, Lecesse shall make a contribution to the City's tree bank in the amount of $1000.00 ($500.00 each x two specimen trees )to partially offset the loss of tree canopy value to the City caused by the removal of existing trees located on the Property. Said contribution shall be used to purchase and install trees and landscape material within the Town Center. (n) Impact Fees. The City hereby agrees to freeze (not increase) Police, Fire, Parks and Recreation, Public Buildings, and Transportation impact fees for a period of one year commencing on July 24, 2006. 4. Representations of the Parties. The City and Lecesse hereby each represent and warrant to the other that it has the power and authority to execute, deliver and perform the terms and provisions of this Agreement and has taken all necessary action to authorize the execution, delivery and performance of this Agreement will. When title to the Property is vested in Lecesse and/or its designated assignee and when duly executed and delivered by the City, then this Agreement will be recorded in the Public Records of Seminole County, Florida, and will constitute a legal, valid and binding obligation enforceable against the parties hereto and the Property in accordance with the terms and conditions of this Agreement. Lecesse represents that it has voluntarily and willfully executed this Agreement for purposes of binding the Property and the Owners' Association, and the members thereof, to the terms and conditions set forth in this Agreement. In the event Lecesse does not acquire title to the Property pursuant to the Purchase Contract or within six months of both parties signing this Agreement, which ever occurs sooner, then this Agreement shall be of no force and effect unless both parties agree in writing that Lecesse will be given additional time to acquire the Property. 5. Successors and Assigns. This Agreement shall automatically be binding upon and shall inure to the benefit of the City and Lecesse and their respective successors and assigns including, but not limited to, the Owners' Association and the members thereof. The terms and conditions of this Agreement similarly shall be binding upon the Property and shall run with title to the same. City of Winter Springs / Lecesse Development Corporation Developer's Agreement 50f8 6. Applicable Law~ Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Venue for any state court action shall be Seminole County, Florida, and Orlando, Florida for any federal court action. 7. Amendments. This Agreement shall not be modified or amended except by written agreement duty executed by both parties hereto (or their successors or assigns) and approved by the City Commission. 8. Entire Agreement. This Agreement supersedes any other agreement, oral or written, and contains the entire agreement between the City and Lecesse as to the subject matter hereof. 9. Severability. If any provision of this Agreement shall be held to be invalid or unenforceable to any extent by a court of competent jurisdiction, the same shall not affect in any respect the validity or enforceability of the remainder of this Agreement. 10. Effective Date. This Agreement shall become effective upon approval by the City Commission and execution of this Agreement by both parties hereto. 11. Recordation. This Agreement shall be recorded in the Public Records of Seminole County, Florida in accordance with section 4 of this Agreement. 12. Relationship of the Parties. The relationship of the parties to this Agreement is contractual and Lecesse is an independent contractor and not an agent of the City. Nothing herein shall be deemed to create a joint venture or principal-agent relationship between the parties, and neither party is authorized to, nor shall either party act toward third persons or the public in any manner, which would indicate any such relationship with the other. 13. Sovereign Immunity. Notwithstanding any other provision set forth in this Agreement, nothing contained in this Agreement shall be construed as a waiver of the City's right to sovereign immunity under Section 768.28, or other limitations imposed on the City's potential liability under state or federal law. As such, the City shall not be liable, under this Agreement for punitive damages or interest for the period before judgment. Further, the City shall not be liable for any claim or judgment, or portion thereof, to anyone person for more than one hundred thousand dollars ($100,000.00), or any claim or judgment, or portion thereof, which, when totaled with all other claims or judgments paid by the State or its agencies and subdivisions arising out of the same incident or occurrence, exceeds the sum of two hundred thousand dollars ($200,000.00). This paragraph shall survive termination of this Agreement. 14. City's Police Power. Lecesse agrees and acknowledges that the City hereby reserves all police powers granted to the City by law. In no way shall this Agreement be construed as the City bargaining away or surrendering its police powers. 15. Interpretation. The parties hereby agree and acknowledge that they have both participated equally in the drafting of this Agreement and no party shall be favored or City of Winter Springs / Lecesse Development Corporation Developer's Agreement 60f8 disfavored regarding the interpretation to this Agreement in the event of a dispute between the parties. 16. Third-Party Rights. This Agreement is not a third party beneficiary contract and shall not in any way whatsoever create any rights -on behalf of any third party, provided however, Lecesse will assign its rights under this document to a "to be formed" development entity. 17. Soecific Performance. Strict compliance shall be required with each and every provision of this Agreement. The parties agree that failure to perform the obligations provided by this Agreement shall result in irreparable damage and that specific performance of these obligations may be obtained by a suit in equity. 18. Attorney's Fees. In connection with any arbitration or litigation arising out of this Agreement, the prevailing party shall be entitled to recover reasonable attorney's fees and costs through all appeals to the extent permitted by law. 19. Development Permits. Nothing herein shall limit the City's authority to grant or deny any development permit applications or requests subsequent to the effective date of this Agreement. The failure of this Agreement to address any particular City, County, State and/or Federal permit, condition, term or restriction shall not relieve Lecesse or the City of the necessity of complying with the law governing said permitting requirement, condition, term or restriction. Without imposing any limitation on the City's police powers, the City reserves the right to withhold, suspend, or terminate any and all certificates of occupancy for any building or unit if Lecesse is in breach of any term and condition of this Agreement. 20. Termination. The City shall have the unconditional right, but not obligation, to terminate this Agreement, without notice or penalty, if Lecesse fails to receive building permits and substantially commence construction of the Project within three (3) years of the effective date of this Agreement. If the City terminates this Agreement, the City shall record a notice of termination in the public records of Seminole County, Florida. {Signature Page Follows} City of Winter Springs / Lecesse Development Corporation Developer's Agreement 70f8 IN WITNESS WHEREOF, the parties have hereunto set their hands and seal on the date first above written. CITY OF WINTER SPRINGS By: ATTEST: By: APPROVED AS TO FORM AND LEGALITY For the use and reliance of the City of Winter Springs, Florida only. Dated : By: ___________________ Signed, sealed and Delivered in the presence of the following witnesses: LECESSE DEVELOPMENT CORP. By: Name: Frank Grosch, Vice President Name: ST A TE OF FLORIDACOUNTY OF ORANGE The foregoing instrument was acknowledged before me this _____ day of _______________, 2006 by FRANK GROSCH, as Vice President of Lecesse Development Corp., a Florida corporation on behalf of said corporation. He is personally known to me or has produced __________________ as identification. Notary Public Signature P r i n t N a me: ______________ Commission No: ___________ My Commission Expires:____ City of Winter Springs I Lecesse Development Corporation Developer's Agreement 80f8 FINAL ENGINEERING PLANS C 01 VILLA GRANDE AT TOWN CENTER CITY OF WINTER SPRINGS, FLORIDA FDEP UTILITY CONSTRUCTION NOTES C - 02 EROSION CONTROL DETAILS C - 03 SITE PLAN - VILLA GRANDE C - 04 TRAFFIC CONTROL AND SIGNAGE C - 05 VILLA GRANDE GEOMETRY PLAN C - 06 VILLA GRANDE AT TOWN CENTER VILLA GRANDE AT TOWN CENTER C - 07 PAVING GRADING AND DRAINAGE PLAN VILLA GRANDE AT TOWN CENTER C - 08 STORM DATA VILLA GRANDE AT TOWN CENTER C - 09 UTILITY PLAN VILLA GRANDE AT TOWN CENTER C-09A SANITARY SEWER DATA WATER DISTRIBUTION DATA VILLA GRANDE AT TOWN CENTER C-10 UTILITY PLAN VILLA GRANDE AT TOWN CENTER C-11 PLAN AND PROFILES VILLA GRANDE AT TOWN CENTER C - 12 DETAILS VILLA GRANDE AT TOWN CENTER C - 13 DETAILS VILLA GRANDE AT TOWN CENTER C - 14 DETAILS BROWN, GARGANESE, WEISS & D'AGRESTA, P.A. Debra S. Babb-Nutcher Joseph E. Blitch Usher L. Brown · Suzanne O'AgrestaO Anthony A. GarganeseO J.w. Taylor Jeffrey S. Weiss Offices in Orlando, Kissimmee, Cocoa, Ft. Lauderdale & Tampa Gail C. Bradford Scott J. Oornstein Mitchell B. Haller Katherine W. Latorre Amy J. Pitsch .Board Certified Civil Trial Lawyer oBoard Certified City, County & Local Govemment Law Erin J. O'Leary Catherine O. Reischmann William E. Reischmann, Jr. Of Counsel August 4, 2006 Via U.S. Mail Andrea Lorenzo-Luaces, City Clerk City of Winter Springs 1126 East State Road 434 Winter Springs, Florida 32708 Re: City of Winter Springs I Lecesse Development Corporation - Development Agreement (Original for Signature) Dear Andrea: Please find enclosed, the original Development Agreement forthe above referenced matter. The same should be signed, by the Mayor as soon as is practicable. Please see that the Mayor signs the Agreement and that it is attested to and then please return the document to our office so that the same may be recorded in the Seminole County Public Records. Please contact me if you should have any questions. Anthony A. Garganese City Attorney Enclosure AAG/slb 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 TIllS INSTRUMENT WAS PREPARED BY AND SHOULD BE RETURNED TO: Anthony A. Garganese City Attorney Brown, Garganese, Weiss & D' Agresta, P.A. PO Box 2873 225 E. Robinson Street, Suite 660 Orlando, Florida 32802 (407) 425-9566 DEVELOPER'S AGREEMENT This DEVELOPER'S AGREEMENT (the "Agreement") is made and executed this _ day of 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 LECESSE DEVELOPMENT CORPORATION, a Florida corporation as assignor for an entity in formation ("Lecesse") whose address is 650 S. Northlake Boulevard, Suite 450, Altamonte Springs, Florida 32701. WITNESSETH WHEREAS, Lecesse has contracted pursuant to a written Purchase Contract (the "Purchase Contract") to purchase from Juanita Blumberg the fee simple ownership of certain real property containing 4.78 acres +/- located in the City of Winter Springs and more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference (the Property); and WHEREAS Lecesse desires to buy the Property, provided that Lecesse is able to develop the Property as a residential multifamily community to be comprised of 152 residential units in five multifamily buildings which buildings are respectively between 4 and 6 stories each (the "Project") as depicted in that certain Master Site Plan, entitled Villa Grande at Town Center, dated October 14, 2005 and last revised on April 4, 2006, and prepared by CCL I IBI Consultants, Inc. Wlder project No 3172, a copy of which is attached hereto as Exhibit "B" and incorporated herein by this reference (referred to as the "Concept Plan") and in accordance with the terms and conditions of this Agreement; and WHEREAS the City and Lecesse desire to set forth the following special terms and conditions with respect to the proposed development of the Project. . NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties mutually agree as follows: City of Winter Springs I Lecesse Development Corporation Developer's Agreement lofS 1. Recitals. The foregoing recitals are true and correct and are hereby incorporated herein by this reference. 2. Authoritv. This Agreement is entered into pursuant to the Florida Municipal Home Rule Powers Act. 3. Obli~tions and Commitments. In consideration of the City and Lecesse entering into thIS greement, the CIty and Lecesse hereby agree as follows: (a) Approval of Preliminary Emzineerimz Plans. The City hereby acknowledges and agrees that the Preliminary Engineering Plans approved by the City Commission on April 24, 2006 ("Preliminary Engineering Plans) are acceptable, provided, however, Lecesse shall have the Obligation to further submit and obtain the City's approval of final engineering plans. Lecesse and the City agree that the Preliminary Engineering Plans are-subject to reasonable adjustments at the final engineering phases in order to bring the Project into full compliance with the City Code. Upon approval by the City Commission, the Final Engineering Plans shall be substituted for the Preliminary Engineering Plans referenced herein and control the development of the Project. Further, Lecesse shall also have the obligation to construct aesthetic enhancements to the Project as may be reasonably requested by the City in accordance with the City Code, particularly the City's Town Center District Code and the aesthetic review ordinance set forth in section 9-600 et. seq., City Code. (b) Utilities. The City hereby acknowledges and agrees that it currently has sufficient water and sewer treatment plant capacity available to service the Project and agrees that it shall provide such water and sewer services to the Project. (c) Roadwavs: Collector Road. All roadways shall be designed and constructed pursuant to the Town Center District Code. In order to facilitate the safe, efficient and orderly flow of traffic throughout the Winter Springs Town Center, the City desires that Lecesse construct the road improvements as delineated below (the "Roads"). The Roads to be built by Lecesse are: (1) In consideration of being permitted to use the City-owned wet detention pond in accordance with subparagraph 3 (d), Lecesse shall improve, to the City's complete and reasonable satisfaction, approximately 725 linear feet of that portion of the dedicated right of way of Doran Drive which is situated between the intersection of Blumberg Blvd. and the right of way of Second Street, as depicted on the Preliminary Engineering Plans; and (2) Dedicate the right-of-way and construct approximately 275 linear feet of Edge Drive along the northern most line of the Property, as reflected on the Preliminary Engineering Plans. The right-of-way shall be dedicated in a form acceptable to the City Attorney and at such time the City requests the dedication in writing. The Roads shall be designed, located and constructed in accordance with the Preliminary Engineering Plans and shall consist of two different design segments as aforedescribed. City of Winter Springs I Lecesse Development Corporation Developer's Agreement 20fS Lecesse agrees to convey to the City that portion of the Roads located on the Property as depicted on the Preliminary Engineering Plans, along with all related improvements thereon and thereunder. All such land conveyances shall be by a recorded plat and free and clear of all encumbrances. Conveyance of improvements shall be by bill of sale and free and clear of all liens. The plat and bill of sale shall be in a form acceptable to the City Attorney. (d) Construction of Stormwater Improvements. Lecesse has designed the Project so that all stormwater quality, retention and/or detention improvements for the Property, together with the roadway improvements to be located adjacent to and/or within the Project, are located offsite at the City-owned wet detention pond located behind City Hall (the "Pond"). Lecesse may design and construct culverts and drainage pipes so that aU stonnwater drains into the aforesaid Pond in accordance with City and SJR WMD criteria and standards. The City acknowledges that the Pond, as constructed, has sufficient capacity to accommodate stormwater runoff from the Project. The City will grant such easements as are reasonably needed to insure that the project has the perpetual right to drain into said ponds. (e) Installation of Utility Lines bv Lecesse. Lecesse hereby acknowledges and agrees that utilities for telephone and electric power along the frontage of the Project shall be installed underground along that boundary of the Property abutting S.R. 434. Lecesse shall convey to the City a non-exclusive utility easement, ten (10) feet in width, along the entire southern boundary of the Property adjacent to SR. 434, except that the easement adjacent to Building #5 as shown on the Preliminary Engineering Plans shall be five (5') feet in width, in a form acceptable to the City Attorney. (f) Town Center Code Waivers. Based on the Preliminary Engineering Plans and Lecesse's agreement to the terms and conditions set forth in this Agreement, the City Commission hereby grants the following waivers / variances to the Town Center District Code pursuant to the special exception criteria enumerated in Section 20-321 (c): (aa) Lecesse is permitted to have as much as 81 feet distance between buildings, with the installation of the connecting garden walls as depicted on the Preliminary Engineering Plans. (bb) Notwithstanding the 55 foot maximum height requirement set forth in section 20-325, Lecesse may construct buildings with a maximum building height of six stories. (cc) Lecesse shall construct a clubhouse which may only have one story, provided said clubhouse is approved by the City Commission pursuant to the aesthetic review standards 'and procedures set forth in section 9-600 et. seg., City Code. City of Winter Springs / Lecesse Development Corporation Developer's Agreement 30fS Said clubhouse shall be setback from Doran Drive as indicated on the Preliminary Engineering Plans. (dd) Lecesse shall have the right to utilize the ground floor of its buildings as a parking garaget provided the f~ade of the garage is approved by the City Commission pursuant to the aesthetic review standards and procedures set forth in section 9-600 et. seq.t City Code. (ee) No frontage road shall be constructed as otherwise provided by section 20- 325, City Code. (ft) Maximum building width (185 to 190 feet) shall exceed 160 feet as set forth in section 20-325. (gg) The 50 foot set back requirement for structured parking under section 20-324 shall not be required for the first floor parking, provided the first floor parking is constructed in accordance with the Preliminary Engineering Plans. (hh) The sidewalk on the west side of Doran Drive may be constructed at 11.5 feet in widtht instead of the 12 feet required by section 20-325. (ii) Build to lines for all roadways shall be as depicted on the Preliminary Engineering Plans. (g) TrashtRefuse Pick-up. Trash and refuse selVice shall be provided by the City's waste hauler at designated dumpster areas depicted on the Preliminary Engineering Plans unless otherwise approved by the City Manager in writing. (h) Fence Requirement. In accordance with Section 20-417, Winter Springs City Code, Lecesse shall construct a decorative metal fence facing the property on which City Hall is located, provided the fence is approved by the City Commission pursuant to the aesthetic review standards and procedures set forth in section 9-600 et. seq.t City Code. (i) Mandatory Association Required. Lecesse shall form a mandatory condominium association (the "Owners Association") for purposes of maintaining any and all common areas, landscaping, entrance signs, walls, fences, recreational areas, and stormwater facilities associated with the Project. Lecesse will file a Declaration of Condominium, (the "Declaration") among the Public Records of Seminole County, Florida to evidence the formation of the Owners Association and establish its rights, duties and obligations. The Declaration shall be in a form reasonably acceptable to the City Attorney and. shall require the Owners Association, and the members thereof, to be bound by the terms and conditions of this Agreement. Lecesse shall have the right to develop the condominium in one or more phases. City of Winter Springs I Lecesse Development Corporation Developer's Agreement 40fS (j) Levels of Service. The City acknowledges that the "Levels of Service" (e.g. water, sewer, wastewater, solid waste, roads, traffic, and parks) located in the vicinity of the Property are sufficient to accommodate the Project. Accordingly, the proposed project complies with the City's "concurrency" requirements. (k) Recreational Area. Lecesse shall provide and maintain a recreational area within the Project as shown on the Preliminary Engineering Plans. (I) Parkinsz Spaces. As reflected in the Preliminary Engineering Plans approved by the City, the Project will provide 284 parking spaces, of which 159 spaces are covered, and 12 are handicapped spaces. Of the 284 parking spaces, there will be a minimum of one parking space assigned per dwelling unit. No additional parking spaces are required. (m) Landscaoe Plans. Landscaping shall be installed and maintained in accordance with the landscape plans approved by the City Commission. In addition, to the standard Arbor Permit Fee, Lecesse shall make a contribution to the City's tree bank in the amount of S1000.00 ($500.00 each x two specimen trees)to partially offset the loss of tree canopy value to the City caused by the removal of existing trees located on the Property. Said contribution shall be used to purchase and install trees and landscape material within the Town Center. (n) Impact Fees. The City hereby agrees to freeze (not increase) Police, Fire, Parks and Recreation, Public Buildings, and Transportation impact fees for a period of one year commencing on July 24, 2006. 4. Rel'resentations of the Parties. The City and Lecesse hereby each represent and warrant to the other that it has the power and authority to execute, deliver and perform the terms and provisions of this Agreement and has taken all necessary action to authorize the execution, delivery and performance of this Agreement will. When title to the Property is vested in Lecesse and/or its designated assignee and when duly executed and delivered by the City, then this Agreement will be recorded in the Public Records of Seminole County, Florida, and will constitute a legal, valid and binding obligation enforceable against the parties hereto and the Property in accordance with the terms and conditions of this Agreement. Lecesse represents that it has voluntarily and willfully executed this Agreement for purposes of binding the Property and the Owners' Association, and the members thereof, to the terms and conditions set forth in this Agreement. In the event Lecesse does not acquire title to the Property pursuant to the Purchase Contract or within six months of both parties signing this Agreement, which ever occurs sooner, then this Agreement shall be of no force and effect unless both parties agree in writing that Lecesse will be given additional time to acquire the Property. 5. Successors and Assigns. This Agreement shall automatically be binding upon and shall inure to the benefit of the City and Lecesse and their respective successors and assigns including, but not limited to, the Owners' Association and the members thereof. The terms and conditions of this Agreement similarly shall be binding upon the Property and shall run with title to the same. City of Winter Springs / Lecesse Development Corporation Developer's Agreement 5of8 6. ADplicable Law; Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Venue for any state court action shall be Seminole County, Florida, and Orlando, Florida for any federal court action. 7. Amendments. This Agreement shall not be modified or amended except by written agreement duty executed by both parties hereto (or their successors or assigns) and approved by the City Commission. 8. Entire Agreement. This Agreement supersedes any other agreement, oral or written, and contains the entire agreement between the City and Lecesse as to the subject matter hereof. 9. Severability. If any provision of this Agreement shall be held to be invalid or unenforceable to any extent by a court of competent jurisdiction, the same shall not affect in any respect the validity or enforceability of the remainder of this Agreement. 10. Effective Date. This Agreement shall become effective upon approval by the City Commission and execution of this Agreement by both parties hereto. 11. Recordation. This Agreement shall be recorded in the Public Records of Seminole County, Florida in accordance with section 4 of this Agreement. 12. Relationship of the Parties. The relationship of the parties to this Agreement is contractual and Lecesse is an independent contractor and not an agent of the City. Nothing herein shall be deemed to create a joint venture or principal-agent relationship between the parties, and neither party is authorized to, nor shall either party act toward third persons or the public in any manner, which would indicate any such relationship with the other. 13. Sovereil.m Immunity. Notwithstanding any other provision set forth in this Agreement, nothing contained in this Agreement shall be construed as a waiver of the City's right to sovereign immunity under Section 768.28, or other limitations imposed on the City's potential liability under state or federal law. As such, the City shall not be liable, under this Agreement for punitive damages or interest for the period before judgment. Further, the City shall not be liable for any claim or judgment, or portion thereof, to anyone person for more than one hundred thousand dollars ($100,000.00), or any claim or judgment, or portion thereof, which. when totaled with all other claims or judgments paid by the State or its agencies and subdivisions arising out of the same incident or occurrence, exceeds the sum of two hundred thousand dollars ($200,000.00). This paragraph shall survive termination of this Agreement. 14. Citv's Police Power. Lecesse agrees and acknowledges that the City hereby reserves all police powers granted to the City by law. In no way shall this Agreement be construed as the City bargaining away or surrendering its police powers. 15. Interpretation. The parties hereby agree and acknowledge that they have both participated equally in the drafting of this Agreement and no party shall be favored or City of Winter Springs / Lecesse Development Corporation Developer's Agreement 60f8 disfavored regarding the interpretation to this Agreement in the event of a dispute between the parties. 16. Third-Partv Rights. This Agreement is not a third party beneficiary contract and shall not in any way whatsoever create any rights -on behalf of any third party, provided however, Lecesse will assign its rights under this document to a "to be formed" development entity. 17. Specific Performance. Strict compliance shall be required with each and every provision of this Agreement. The parties agree that failure to perform the obligations provided by this Agreement shall result in irreparable damage and that specific performance of these obligations may be obtained by a suit in equity. 18. Attornev's Fees. In connection with any arbitration or litigation arising out of this Agreement, the prevailing party shall be entitled to recover reasonable attorney's fees and costs through all appeals to the extent permitted by law. 19. DeveloDment Permits. Nothing herein shall limit the City's authority to grant or deny any development permit applications or requests subsequent to the effective date of this Agreement. The failure of this Agreement to address any particular City, County, State and/or Federal permit, condition, term or restriction shall not relieve Lecesse or the City of the necessity of complying with the law governing said permitting requirement, condition, term or restriction. Without imposing any limitation on the City's police powers, the City reserves the right to withhold, suspend, or terminate any and all certificates of occupancy for any building or unit if Lecesse is in breach of any term and condition of this Agreement. 20. Termination. The City shall have the unconditional right, but not obligation, to terminate this Agreement, without notice or penalty, if Lecesse fails to receive building permits and substantially commence construction of the Project within three (3) years of the effective date of this Agreement. If the City terminates this Agreement, the City shall record a notice of termination in the public records of Seminole County, Florida. {Signature Page Follows} City of Winter Springs I Lecesse Development Corporation Developer's Agreement 70f8 IN WITNESS WHEREOF, the parties have hereunto set their hands and seal on the date first above written. By: APPROVED AS TO FORM AND LEGALITY For the use and reliance of the City of Winter Springs, Florida only. Dated : By: ___________________ Signed, sealed and Delivered in the presence of the following witnesses: LECESSE DEVELOPMENT CORP. !/t 0---. --------~-^7~------~----- Name: __.1.~l(llJ_____~.s ~ j~ tfl -~~-~------------- N am e : __~JR....f~J!&L__________ BY~i~~ Vice President STATE OF FLORIDACOUNTY OF ORI~Hf&:E~~.>L, The foregoing instrument was acknowledged before me this~~ day of ~_________, 2006 by FRANK GROSCH, as Vice President of Lecesse cD~~T~ment CQ1..Q.,.~lorida corporation on behalf of said corp?rati~n: ~e is ~~:~_~n _~~...~~:.3r has produced __________________ as Identification. . ~-~- Notary Public Signature Print Name:~~~~_JQ..._~ Commission No: My Commission EXPh--;;~~-~~\\\\ii"It""'I"~ ~ ~E D. M4Jl'~ ~ ........ ~~ ~ ~~~..~~\SSION;:-.~ "'" v.~,.. .,,,., :"',;0. ,.'..., ~ ..~,,_<:.~\.,..Ro z.. ~ .::0 . ~ T' ~ ~I. 'So - . ~ 'cP- ~ ~*: ... :*i :::: . . - _~. ann 1:-... .;: ~ . trULI ~ . ;!$!I: -, · 11. · ""'I.: ~ ~...~~..J...~if ~'~A~.~~~~~~ ~:..~ ........ ~ ~ ~/I. ~/C ST"~ ~\~ ~'I"'''III''''\\'~ City of Winter Springs I Lecesse Development Corporation Developer's Agreement 80fS Legal Description Exhibit "A" THIS INSTRUMENT WAS PREPARED BY AND SHOULD BE RETURNED TO: Anthony A. Garganese City Attorney Brown, Garganese, Weiss & D'Agresta, P.A. PO Box 2873 225 E. Robinson Street, Suite 660 Orlando, Florida 32802 (407) 425-9566 DEVELOPER'S AGREEMENT This DEVELOPER'S AGREEMENT (the "Agreement") is made and executed this I ~ ,., day of ~_~j 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 LECESSE DEVELOPMENT CORPORATION, a Florida corporation as assignor for an entity in formation ("Lecesse") whose address is 650 S. Northlake Boulevard, Suite 450, Altamonte Springs, Florida 32701. WITNESSETH WHEREAS, Lecesse has contracted pursuant to a written Purchase Contract (the "Purchase Contract") to purchase from Juanita Blumberg the fee simple ownership of certain real property containing 4.78 acres +/- located in the City of Winter Springs and more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference (the Property); and WHEREAS Lecesse desires to buy the Property, provided that Lecesse is able to develop the Property as a residential multifamily community to be comprised of 152 residential units in five multifamily buildings which buildings are respectively between 4 and 6 stories each (the "Project") as depicted in that certain Master Site Plan, entitled Villa Grande at Town Center, dated October 14, 2005 and last revised on April 4, 2006, and prepared by CCL / IBI Consultants, Inc. under project No 3172, a copy of which is attached hereto as Exhibit "B" and incorporated herein by this reference (referred to as the "Concept Plan") and in accordance with the terms and conditions of this Agreement; and WHEREAS the City and Lecesse desire to set forth the following special terms and conditions with respect to the proposed development of the Project. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties mutually agree as follows: City of Winter Springs /Lecesse Development Corporation Developer's Agreement 1 of 8 1. Recitals. The foregoing recitals are true and correct and are hereby incorporated herein by this reference. 2. Authorit . -This Agreement is entered into pursuant to the Florida Municipal Home Rule owers ct. 3. Obli ations and Commitments. In consideration of the City and Lecesse entering into t is greement, t e ity an ecesse hereby agree as follows: (a) Approval of Preliminazy En ineerin Plans. The City hereby acknowledges and agrees that the Preliminary Engineering Plans approved by the City Commission on April 24, 2006 ("Preliminary Engineering Plans) are acceptable, provided, however, Lecesse shall have the Obligation to further submit and obtain the City's approval of final engineering plans. Lecesse and the City agree that the Preliminary Engineering Plans are-subject to reasonable adjustments at the final engineering phases in order to bring the Project into full compliance with the City Code. Upon approval by the City Commission, the Final Engineering Plans shall be substituted for the Preliminary Engineering Plans referenced herein and control the development of the Project. Further, Lecesse shall also have the obligation to construct aesthetic enhancements to the Project as may be reasonably requested by the City in accordance with the City Code, particularly the City's Town Center District Code and the aesthetic review ordinance set forth in section 9-600 et. seq., City Code. (b) Utilities. The City hereby acknowledges and agrees that it currently has sufficient water and sewer treatment plant capacity available to service the Project and agrees that it shall provide such water and sewer services to the Project. (c) Roadways; Collector Road. All roadways shall be designed and constructed pursuant to the Town Center District Code. In order to facilitate the safe, efficient and orderly flow of traffic throughout the Winter Springs Town Center, the City desires that Lecesse construct the road improvements as delineated below (the "Roads"). The Roads to be built by Lecesse are: (1) In consideration of being permitted to use the City-owned wet detention pond in accordance with subparagraph 3 (d), Lecesse shall improve, to the City's complete and reasonable satisfaction, approximately 725 linear feet of that portion of the dedicated right of way of Doran Drive which is situated between the intersection of Blumberg Blvd. and the right of way of Second Street, as depicted on the Preliminary Engineering Plans; and (2) Dedicate the right-of--way and construct approximately 275 linear feet of Edge Drive along the northern most line of the Property, as reflected on the Preliminary Engineering Plans. The right-of--way shall be dedicated in a form acceptable to the City Attorney and at such time the City requests the dedication in writing. The Roads shall be designed, located and constructed in accordance with the Preliminary Engineering Plans and shall consist of two different design segments as aforedescribed. City of Winter Springs /Lecesse Development Corporation Developer's Agreement 2of8 Lecesse agrees to convey to the City that portion of the Roads located on the Property as depicted on the Preliminary Engineering Plans, along with all related improvements thereon and thereunder. All such land conveyances shall be by a recorded plat and free and clear of all encumbrances. Conveyance of improvements shall be by bill of sale and free and clear of all liens. The plat and bill of sale shall be in a form acceptable to the City Attorney. (d) Construction of Stormwater Improvements. Lecesse has designed the Project so that all stormwater quality, retention and/or detention improvements for the Property, together with the roadway improvements to be located adjacent to and/or within the Project, are located offsite at the City-owned wet detention pond located behind City Hall (the "Pond"). Lecesse may design and construct culverts and drainage pipes so that all stormwater drains into the aforesaid Pond in accordance with City and SJRWMD criteria and standards. The City acknowledges that the Pond, as constructed, has sufficient capacity to accommodate stormwater runoff from the Project. The City will grant such easements as are reasonably needed to insure that the project has the perpetual right to drain into said ponds. (e) Installation of Utility Lines by Lecesse. Lecesse hereby acknowledges and agrees that utilities for telephone and electric power along the frontage of the Project shall be installed underground along that boundary of the Property abutting S.R. 434. Lecesse shall convey to the City anon-exclusive utility easement, ten (10) feet in width, along the entire southern boundary of the Property adjacent to SR. 434, except that the easement adjacent to Building #5 as shown on the Preliminary Engineering Plans shall be five (5') feet in width, in a form acceptable to the City Attorney. (f) Town Center Code Waivers. Based on the Preliminary Engineering Plans and Lecesse's agreement to the terms and conditions set forth in this Agreement, the City Commission hereby grants the following waivers /variances to the Town Center District Code pursuant to the special exception criteria enumerated in Section 20-321(c): (aa) Lecesse is permitted to have as much as 81 feet distance between buildings, with the installation of the connecting garden walls as depicted on the Preliminary Engineering Plans. (bb) Notwithstanding the 55 foot maximum height requirement set forth in section 20-325, Lecesse may construct buildings with a maximum building height of six stories. (cc) Lecesse shall construct a clubhouse which may only have one story, provided said clubhouse is approved by the City Commission pursuant to the aesthetic review standards and procedures set forth in section 9-600 et. seq., City Code. City of Winter Springs /Lecesse Development Corporation Developer's Agreement 3of8 Said clubhouse shall be setback from Doran Drive as indicated on the Preliminary Engineering Plans. (dd) Lecesse shall have the right to utilize the ground floor of its buildings as a parking garage, provided the facade of the garage is approved by the City Commission pursuant to the aesthetic review standards and procedures set forth in section 9-600 et. seq., City Code. (ee) No frontage road shall be constructed as otherwise provided by section 20- 325, City Code. (ff) Maximum building width (185 to 190 feet) shall exceed 160 feet as set forth in section 20-325. (gg) The 50 foot set back requirement for structured parking under section 20-324 shall not be required for the first floor parking, provided the first floor parking is constructed in accordance with the Preliminary Engineering Plans. (hh) 'The sidewalk on the west side of Doran Drive may be constructed at 11.5 feet in width, instead of the 12 feet required by section 20-325. (ii) Build to lines for all roadways shall be as depicted on the Preliminary Engineering Plans. (g) Trash/Refuse Pick-un. Trash and refuse service shall be provided by the City's waste hauler at designated dumpster areas depicted on the Preliminary Engineering Plans unless otherwise approved by the City Manager in writing. (h) Fence Requirement. In accordance with Section 20-417, Winter Springs City Code, Lecesse shall construct a decorative metal fence facing the property on which City Hall is located, provided the fence is approved by the City Commission pursuant to the aesthetic review standards and procedures set forth in section 9-600 et. seq., City Code. (i) Mandatory Association Required. Lecesse shall form a mandatory condominium association (the "Owners Association") for purposes of maintaining any and all common areas, landscaping, entrance signs, walls, fences, recreational areas, and stormwater facilities associated with the Project. Lecesse will file a Declaration of Condominium, (the "Declaration") among the Public Records of Seminole County, Florida to evidence the formation of the Owners Association and establish its rights, duties and obligations. The Declaration shall be in a form reasonably acceptable to the City Attorney and. shall require the Owners Association, and the members thereof, to be bound by the terms and conditions of this Agreement. Lecesse shall have the right to develop the condominium in one or more phases. City of Winter Springs /Lecesse Development Corporation Developer's Agreement 4 of 8 (j) Levels of Service. The City acknowledges that the "Levels of Service" (e.g. water, sewer, wastewater, solid waste, roads, traffic, and parks) located in the vicinity of the Property are sufficient to accommodate the Project. Accordingly, the proposed project complies with the City's "concurrency" requirements. (k) Recreational Area. Lecesse shall provide and maintain a recreational area within the Project as shown on the Preliminary Engineering Plans. (1) Parking Spaces. As reflected in the Preliminary Engineering Plans approved by the City, the Project will provide 284 parking spaces, of which 159 spaces are covered, and 12 are handicapped spaces. Of the 284 parking spaces, there will be a minimum of one parking space assigned per dwelling unit. No additional parking spaces are required. (m) Landscape Plans. Landscaping shall be installed and maintained in accordance with the landscape plans approved by the City Commission. In addition, to the standard Arbor Permit Fee, Lecesse shall make a contribution to the City's tree bank in the amount of $1000.00 ($500.00 each x two specimen trees)to partially offset the loss of tree canopy value to the City caused by the removal of existing trees located on the Property. Said contribution shall be used to purchase and install trees and landscape material within the Town Center. (n) Impact Fees. The City hereby agrees to freeze (not increase) Police, Fire, Parks and Recreation, Public Buildings, and Transportation impact fees for a period of one year commencing on July 24, 2006. 4. Representations of the Parties. The City and Lecesse hereby each represent and warrant to the other that it has the power and authority to execute, deliver and perform the terms and provisions of this Agreement and has taken all necessary action to authorize the execution, delivery and performance of this Agreement will. When title to the Property is vested in Lecesse and/or its designated assignee and when duly executed and delivered by the City, then this Agreement will be recorded in the Public Records of Seminole County, Florida, and will constitute a legal, valid and binding obligation enforceable against the parties hereto and the Property in accordance with the terms and conditions of this Agreement. Lecesse represents that it has voluntarily and willfully executed this Agreement for purposes of binding the Property and the Owners' Association, and the members thereof, to the terms and conditions set forth in this Agreement. In the event Lecesse does not acquire title to the Property pursuant to the Purchase Contract or within six months of both parties signing this Agreement, which ever occurs sooner, then this Agreement shall be of no force and effect unless both parties agree in writing that Lecesse will be given additional time to acquire the Property. 5. Successors and Assi ns. This Agreement shall automatically be binding upon and shall inure to the benefit of the City and Lecesse and their respective successors and assigns including, but not limited to, the Owners' Association and the members thereof. The terms and conditions of this Agreement similarly shall be binding upon the Property and shall run with title to the same. Ciry of Winter Springs /Lecesse Development Corporation Developer's Agreement 5 of 8 6. Applicable Law; Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Venue for any state court action shall be Seminole County, Florida, and Orlando, Florida for any federal court action. 7. Amendments. This Agreement shall not be modified or amended except by written agreement duty executed by both parties hereto (or their successors or assigns) and approved by the City Commission. 8. Entire Agreement. This Agreement supersedes any other agreement, oral or written, and contains the entire agreement between the City and Lecesse as to the subject matter hereof. 9. Severabilitv. If any provision of this Agreement shall be held to be invalid or unenforceable to any extent by a court of competent jurisdiction, the same shall not affect in any respect the validity or enforceability of the remainder of this Agreement. 10. Effective Date. This Agreement shall become effective upon approval by the City Commission and execution of this Agreement by both parties hereto. 11. Recordation. This Agreement shall be recorded in the Public Records of Seminole County, Florida in accordance with section 4 of this Agreement. l2. Relationship of the Parties. The relationship of the parties to this Agreement is contractual and Lecesse is an independent contractor and not an agent of the City. Nothing herein shall be deemed to create a joint venture or principal-agent relationship between the parties, and neither party is authorized to, nor shall either party act toward third persons or the public in any manner, which would indicate any such relationship with the other. 13. Sovereign Immunity. Notwithstanding any other provision set forth in this Agreement, nothing contained in this Agreement shall be construed as a waiver of the City's right to sovereign immunity under Section 768.28, or other limitations imposed on the City's potential liability under state or federal law. As such, the City shall not be liable, under this Agreement for punitive damages or interest for the period before judgment. Further, the City shall not be liable for any claim or judgment, or portion thereof, to any one person for more than one hundred thousand dollars ($100,000.00), or any claim or judgment, or portion thereof, which, when totaled with all other claims or judgments paid by the State or its agencies and subdivisions arising out of the same incident or occurrence, exceeds the sum of two hundred thousand dollars ($200,000.00). This paragraph shall survive termination of this Agreement. 14. City's Police Power. Lecesse agrees and acknowledges that the City hereby reserves all police powers granted to the City by law. In no way shall this Agreement be construed as the City bargaining away or surrendering its police powers. 15. Interpretation. The parties hereby agree and acknowledge that they have both participated equally in the drafting of this Agreement and no party shall be favored or City of Winter Springs /Lecesse Development Corporation Developer's Agreement 6of8 disfavored regarding the interpretation to this Agreement in the event of a dispute between the parties. 16. Third-Part~'ghts. This Agreement is not a third party beneficiary contract and shall not in any way whatsoever create any rights -on behalf of any third party, provided however, Lecesse will assign its rights under this document to a "to be formed" development entity. 17. Specific Performance. Strict compliance shall be required with each and every provision of this Agreement. The parties agree that failure to perform the obligations provided by this Agreement shall result in irreparable damage and that specific performance of these obligations may be obtained by a suit in equity. 18. Attorney's Fees. In connection with any arbitration or litigation arising out of this Agreement, the prevailing party shall be entitled to recover reasonable attorney's fees and costs through all appeals to the extent permitted by law. 19. Development Permits. Nothing herein shall limit the City's authority to grant or deny any development permit applications or requests subsequent to the effective date of this Agreement. The failure of this Agreement to address any particular City, County, State and/or Federal permit, condition, term or restriction shall not relieve Lecesse or the City of the necessity of complying with the law governing said permitting requirement, condition, term or restriction. Without imposing any limitation on the City's police powers, the City reserves the right to withhold, suspend, or terminate any and all certificates of occupancy for any building or unit if Lecesse is in breach of any term and condition of this Agreement. 20. Termination. The City shall have the unconditional right, but not obligation, to terminate this Agreement, without notice or penalty, if Lecesse fails to receive building permits and substantially commence construction of the Project within three (3) years of the effective date of this Agreement. If the City terminates this Agreement, the City shall record a notice of termination in the public records of Seminole County, Florida. {Signature Page Follows} City of Winter Springs /Lecesse Development Corporation Developer's Agreement 7of8 IN WITNESS WHEREOF, the parties have hereunto set their hands and seal on the date first above written. CITY WIN7'1h;R cpRIN S APPROVED AS TO FORM AND LEGALITY r the use and reliance of the City of W' rings, Florida on y. ~1 ~y/a b Date ~. By'------------------- Signed, sealed and Delivered in the presence of the following witnesses: LECESSE DEVELOPMENT CORP. Name : _ ~_..fi1~ ~~`~~~ --------- ]3 y ~ -------t '/~ s~k rosch, Vice President STATE OF FLORIDACOUNTY OF 6~-E..~~-y,,,,..~f.~, The foregoing instrument was acknowledged before me this~~ day of _ _ ____, 2006 by FRANK GROSCH, as Vice President of Lecesse vel ment_Corp._._, a Florida corporation on behalf of said corporation. He is f~e.r-sully known to ttie~~r has produced __________________ as identification. s r _... _ __ Notary Public Signature Print Name : ~-~.~,~,.~t. _~p ._~.~~,~ ~ Commission No: ___ ___ ___ My Commission Expires a~Ntttitp~t~!!~i,,,, City of Winter Springs /Lecesse Development Corporation Developer's Agreement 8of8 .``~ Q~DtE A OP; o~,Missio^ ~G~d\23,? ? . 1r s*. ~.~ ~ ; #DD 5392 ~~ ''///,~~i~~~iljj . ;:a(J) (J) o"71;aO;a-i;aID"71(J)>"71"71~~tD 0%(J)c...> MC ~ ~l"1El"1o;:aE~~o,OO~~l"1 ""O""~ (J)tD 0 ~:1:(J)>>:1:iD~SO;:a;:a~....~ (J);aZ:~""O -ic... tD......OOZ....CD.. % ..... % O....ZCO r ;:a,.., ~ I""l ,;:a-(J), :1:C:>N~.tD ~:1:0~~ M -0 C') .... =ti'" '"' ..... 0 L>l ~.... Z:1:~....~O~~L>l~(J)l.IlIDO)g~ aJO'. - G') Z a..,l"1>~ 0.... 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"71- O~::o C z ~O....(/)~O:1:Ul=:JO(/)....,V)~ i:OaJ' .... 0"71r-'" V) "710;0:1: 0< 0 '" 1"10....->........- 11"10C' > ::OmO~ ::0 l"1 .:1:(/)ZO:1:~ ::O....~....VI 1"1r-;:o -i ,.., "71 ,.., '~_>:1: ::J: l"1 ,..,;or-o'" L>l Ul% l"1;o ""OO,..,C) V) -4>r-~;o zUlIJ)- ....,~Zl"1 >00;:0 l"1 OVl'"<~O Oo....oO-FOO ::o"'o~ ;:0 < -4.... r-O ;oL>l..,o::2"'; ""0 ::!m;o-4 ~ ::J:~ <:2 10C:<~""OZe: 0- 0 c: (1)0 0 ITIO r;; ,..,~;o;o"Ul>Ol"1 >~ Z ""0::0 0 ::O1"1_(/) .....;0::00 _0 Z 0'- 1"1.... ,^.... ::OZ"71> 0_ ,"<~01J)::I: - :1:- V) ZO !'too,..,,,, z !<C) ^ > -4 CD ..,~_Z> ,.., Z c... ON-O(/) tabtlla" C N ::0 -1TI-4 r;:. )>~ ........ m =i ~,~~~ Q BROWN, GARGANESE, WEISS & D'AGRESTA I~:A .Attorneys at Laav Debra S. Babb-Nutcher" Offices in Orlando Kissimmee Cocoa , , , Joseph E. Blitch Ft. Lauderdale & Tam a Gail C. Bradford Usher L. Brown ' P Scott J. Dornstein Suzanne D'Agresta'' Mitchell B. Haller Anthony A. Garganese" Katherine W. Latorre J.W. Taylor Amy J. Pitsch Jeffrey S. Weiss - 'Board Certified Civil Trial Lawyer "Board Certified Ciry, County & Local Government Law Via U.S. Mail Andrea Lorenzo-Luaces, City Clerk City of Winter Springs 1126 East State Road 434 Winter Springs, Florida 32708 August 4, 2006 Re: City of Winter Springs / Lecesse Development Corporation - Development Agreement (Original for Signature) Dear Andrea: Erin J. O'Leary Catherine D. Reischmann William E. Reischmann, Jr. Of Counsel Please find enclosed, the original DevelopmentAgreementforthe above referenced matter. The same should be signed by the Mayor as soon as is practicable. Please see that the Mayor signs the Agreement and that it is attested to and then please return the document to our office so that the same may be recorded in the Seminole County Public Records. Please contact me if you should have any questions. Ve ru Yours, ~~ Anthony A. Garganese City Attorney Enclosure AAG/slb 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