HomeMy WebLinkAboutCHC Development Co, Inc. Amendment #1 to Binding Development Agreement -2001 06 28
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MARYANNE MORSE, CLERK OF CIRCUIT COURT
SEMINOLE COlMTY
BK 04174 PG 0120
CLERK'S # 2001750099
BINDING DEVELOPMENT AGU.ImNft.mt9/2001 01:51:" PM
ulro:l~b11tf FtES 15.00
(Amendment # "1 If) RECORDED BY S Coatney
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THIS BINDING AGREEMENT, made and executed thlS~ day of , 001
by and between the CITY OF WINTER SPRINGS, a Florida Municipal Co oration ("City")
whose address is 1126 East State Road 434, Winter Springs, Florida 32708, and CHC
DEVELOPMENT CO., INC., a Florida Corporation ("CHC") whose address is 131 Park Lake
Street, Orlando, Florida 32803.
HEREAS, CHC entered into a Binding Agreement with the City of Winter Springs
,2001 to construct a residential community in Winter Springs, Florida Town
er known as Avery 'fi?if1r an'1r~
WHEREAS, Section 5U) of the aforementioned agreement provides that a tree
replacement program shall be implemented to the satisfaction of the City and in compliance
with the City Arbor Ordinance, Chapter 5 of the City Code, (Arbor Ordinance), and
WHEREAS, the City Code provides considerable discretion in formulating a tree
replacement program, and
WHEREAS, the City staff has developed strategies the staff believes will provide
appropriate consideration for conservation areas dedicated involuntarily and voluntarily to
the public by the developer as further defined herein, so as to provide an incentive on the part
ofthe developer to dedicate lands for conservation to the public, and a higher quality of plant
materials in development, and
WHEREAS, the City Commission desires this Tree Replacement Program for Avery
~ to be reviewed and approved by the Commission in a Development Agreement.
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NOW, THEREFORE, in consideration of the mutual provisions and covenants
contained herein, the parties mutually agree as follows:
Section 1. Supplemental Agreement. This Agreement is adopted pursuant to Section 50)
of the Binding Development Agreement between CHC Development Co., Inc., a Florida
cor oration and the City of Winter Springs, a Florida municipal corporation, dated
e;I ("Original Binding Development Agreement"). This Agreement shall be deemed in
ddi .on to and supplemental to the Original Binding Development Agreement.
Section 2. Definitions. The following words shall have the meaning ascribed below unless
the context clearly indicates otherwise:
Page 1 of 3
FILE NUM 2001750099
OR BOOK 04174 PAGE 0121
(a) City Arbor Ordinance. City Arbor Ordinance shall mean Chapter 5 ofthe City
Code of Ordinances otherwise known as the City Arbor Ordinance.
(b) Preferred Plant List. Preferred Plant List shall mean that list of plant materials
and corresponding Tree Replacement Credits shown in Exhibit "A" of this
agreement.
(c) Tree Replacement Assessment. Tree Replacement Assessment shall mean the
total amount of monetary compensation owed tn the City of Winter Springs as
provided in the Arbor Ordinance for the replacement oftrees cut, destroyed, or
removed from a property in the City as a result of development or
redevelopment.
(d) Tree Replacement Credit. Tree Replacement Credit shall be equal to one-
hundred ($100.00) dollars and no cents in tree replacement value.
Section 3. Arbor Ordinance Requirement. In consideration of trees which shall be cut,
removed or destroyed from the property known as Avery Woods by CHC or its agent, CHC
shall replace trees or monetarily compensate the City as provided in the Arbor Ordinance
according to the Tree Replacement Assessment established by the City.
Section 4. Tree Replacement Credit. CHC may deduct from their Tree Replacement
Assessment, Tree Replacement Credits based on the number of replacement credits as
provided in the Preferred Plant Material List, (Exhibit" A ") to this Agreement provided that:
(i) All plant materials are Florida Grades and Standard One (1) or better;
and
(ii) All plant materials are properly installed; and
(Hi) The landscape plan for the proposed development to which the credits
are to be applied is prepared by a landscape architect licensed by the
State of Florida.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seal on the date
first written above.
Signed, sealed and delivered
in the presence of
~-~W~
L)() - A.t.v\. WC)O~ eV\
(Print Name of Witness)
CHC DEVELOPMENT CO., INC.,
a Florida Corporation,
~e.~
/l.J Gt#M.A C, L.Ih/lUIVUf
BY~
Its President
(Print Name of Witness)
Page 2 of 3
FILE NUM 2001750099
OR BOOK 04174 PAGE 0122
CITY OF. WINTER SPRINGS, a Florida
M~~~t;ipal Co!,~oration,
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STATE OF FLORIDA
COUNTY OF ORANGE
The foregoing instrument was acknowledged before me this P..~ay of CXu JIJ ~, 2001,
by CARL H. CAHILL, as President ofCHC DEVELOPMENT CO., INC., a Flor~ion, ~
who is personally known to me, or [ ] who has produced as identification.
- ..,
NOTARY PUBLIC, State of Florida
rnrnission expires: ~ .
..
Amendment Avery Park. doc
4li''oW,~ Pamella R. Finne
{*;' :~ MY COMMISSION # 00018196 EXPIRES
~~ '~l May 6, 2005
".r.i&::&.,," 80NDED THRU TROY FAIN INSURANCE /He.
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