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HomeMy WebLinkAbout2001 05 29 Regular B NEW Cahill Enterprises, Inc. Agreement May 29, 2001 Regular Agenda Item "B" COMMISSION AGENDA ITEM B CONSENT INFORMATIONAL PUBLIC HEARING REGULAR X May 29.2001 Meeting MGR. V /DEPT~ Authorization . REQUEST: City Manager requests the City Commission to approve an agreement between Cahill Enterprises, Inc. and the City of Winter Springs relative to the Town Center Code. PURPOSE: The purpose of this agenda item is to adopt an agreement between Cahill Enterprises, Inc. and the City regarding the Town Center. CONSIDERATION: On March 14, 2001 the City Commission held a workshop with representatives of Cahill Enterprises, Inc. The Commission instructed the City Manager and City Attorney to finalize the wording in the agreement and bring the matter back for consideration. Most of the issues were resolved in work sessions. FISCAL IMPACT: None. RECOMMENDATION: It is recommended that the City Commission adopt the agreement. ATTACHMENTS: A very Park Development Agreement COMMISSION ACTION: This Instrument Prepared By and Return to: Anthony A. Garganese, City Attorney CITY OF WINTER SPRINGS Brown, Ward, Salzman & Weiss, P.A. POBox 2873 Orlando, FL 32802-2873 PARCEL !.D. NO. [Space Above This Line For Recording Data] BINDING DEVELOPMENT AGREEMENT THIS BINDING DEVELOPMENT AGREEMENT, made and executed this day of , 2001, by and between the CITY OF WINTER SPRINGS, a Florida municipal corporation ("City") whose address is1126 East S. R. 434, Winter Springs, FL 32708, and CHC DEVELOPMENT CO., INC., a Florida corporation ("CHC"), whose address is 131 Park Lake Street, Orlando, FL 32803. WIT N E SSE T H: WHEREAS, CHC is constructing a housing development on real property located within the City of Winter Springs, Florida; and WHEREAS, the real property is currently located within the City of Winter Springs, however, is currently being proposed to be used as part of the Town Center site; and WHEREAS, the parties reasonably believe that the real property may be rezoned, in the near future, to Town Center designation in order to accommodate the development of the A VERY PARK DEVELOPMENT project, (the "Project"); and WHEREAS, the City Commission has recommended entering into a Binding Development Agreement, ("Agreement"), with CHC for the development of the Project; and WHEREAS, in addition to CHC's compliance with all City Codes, permitting and construction not in conflict herein, the City and CHC desire to set forth the following special terms and conditions. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties mutually agree as follows: Section 1. Recitals. The foregoing recitals are hereby incorporated herein by this [Space Above This Line For Recording Dala] reference. Section 2. Authority. This Agreement IS entered into pursuant to the, Florida Municipal Home Rule Powers Act. Section 3. Subiect Property. The real property ("Property") which is the subject to, and bound by, the terms and conditions of this Agreement is legally described on Exhibit "A" attached hereto and made a part hereof by reference. Section 4. Reoresentations of CHC. CHC hereby represents and warrants to City that CHC 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. This Agreement will, when duly executed and delivered by CHC and recorded in the public records of Seminole County, Florida, constitute a legal, valid and binding obligation enforceable against CHC and the Property in accordance with the terms and conditions of this Agreement. CHC represents it has voluntarily and willfully executed this Agreement for purposes of binding the Property to the terms and conditions set forth in this Agreement. Section 5. CHC's Obligations and Commitments. In consideration of the City entering into this Agreement with CHC, CHC voluntarily agrees as follows: (a) Road Rights-of-Way. Road rights-of-way shall be not less than forty- seven feet (47') in width and in conformance with all other applicable codes. CHC shall construct five-foot (5') greenstrips and five-foot (5') sidewalks rather than the required six-foot (6') greenstrips and six-foot (6') sidewalks. All road rights-of-way shall be privately owned. (b) Residential Structures. All residential structures located on the entranceway street shall be two (2) stories in height. All homes located at the road terminating points shall be two (2) stories in height. All homes located on comer lots shall be two (2) stories in height. Not less than fifty percent (50%) of the remaining residential structures shall be two (2) stories in height. 2 [Space Above This Line For Recording Data] (c) On-Street Parking. On-street parking on the entranceway street shall be limited to one (1) side of the road. All other streets may have parking on both sides of the street provided that no on-street parking shall be allowed on any street within thirty feet (30') of an intersection, nor within twenty-five feet (25') of a fire hydrant on the side of the road adjacent to which the fire hydrant is located. (d) Gated Community. The Project may have secured privacy access gates and perimeter privacy fencing. A secondary access gate for public safety vehicles shall be required. Emergency vehicle access control systems shall be installed on the main entranceway gate and the secondary emergency gate. All access gates shall have sidewalks connecting to the public sidewalk system on public streets to which they connect. (e) Fencing. Fencing along Tuscawilla Road shall be see-through decorative wrought iron or aluminum material with masonry columns and certified to meet all code requirements. Additional perimeter fencing shall be permitted provided the fence is six feet (6') in height or less, and in compliance with all City Code requirements. (f) Wetland Buffer. The twenty-five-foot (25') wetland vegetative buffer requirement will be waived in consideration of the mitigation plan permitted by the St. Johns Water Management District and as herein approved by the City Commission in accordance with the City's Comprehensive Plan. (g) Clock. A clock tower with a functional clock shall be located at or near the entrance that is visible from Tuscawilla Road and the design of which shall be similar to a tum-of-the-century village style acceptable to the City. Said clock shall be maintained and remain fully operational. (h) Parks. The land area around the retention pond located south of the main entranceway road shall be developed as a passive park including paved walkways around the lake, gazebo, fences, lighting and landscaping material suitable to the City and consistent with the design theme of the Project. 3 [Space Above This Line For Recording Data] The northern temporary ending points of the internal streets shall be landscaped to function as mini-parks with benches and landscape plant material acceptable to the City. (i). Utility Structures / Equipment. Above ground utility structures and equipment such as lift stations and back-flow preventers shall be fully screened with either masonry, fencing, or dense plant materials so as to not be visible from any street. (j) Tree Replacement. A tree replacement program shall be implemented to the satisfaction of the City and in compliance with the City Code. Section 7. Successors and Assigns This Agreement shall automatically be binding upon and shall inure to the benefit of the successors and assigns of each of the parties. Section 8. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Section 9. Amendments. This Agreement shall not be modified or amended except by written agreement duly executed by both parties hereto and approved by the City Commission. Section 10. Entire Agreement. This Agreement supersedes any other agreement, oral or written, and contains the entire agreement between the City and CHC as to the subject matter hereof. Section 11. 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. Section 12. Effective Date. This Agreement shall become effective upon approval by the City of Winter Springs City Commission and execution of this Agreement by both parties. Section 13. Recordation. This Agreement shall be recorded in the public records of Seminole County, Florida, and shall run with the land. Section 14. Relationship of the Parties. The relationship of the parties to this 4 [Space Above This Linc For Recording Data] Agreement is contractual and CHC 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. Section 15. Sovereign Immunity. Nothing contained in this. Agreement shall be construed as a waiver of the City's right to sovereign immunity under Section 768.28, Florida Statutes, or any other limitation on the City's potential liability under state and federal law. Section 16. City's Police Power. CHC 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. Section 17. 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 disfavored regarding the interpretation to this Agreement in the event of a dispute between the parties. Section 18. Permits. The failure of this Agreement to address any particular City, county, state, and federal permit, condition, term, or restriction shall not relieve CHC or the City of the necessity of complying with the law governing said permitting requirements, conditions, term, or restriction. Section 19. 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. Section 20. 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 suit in equity. Section 21. Attomev'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 5 [Space Above This Line For Recording Data] and costs through all appeals to the extent permitted by law. Section 22. Future RezoningslDevelopment Permits. Nothing herein shall limit the City's authority to grant or deny any future rezoning or development permit applications or requests subsequent to the effective date of this Agreement. In addition, nothing herein shall be construed as granting or creating a vested property right or interest in CHC or on the Property. IN WITNESS WHEREOF the parties have hereunto set their hands and seal on the date first above written. Signed, sealed and delivered in the presence of CHC DEVELOPMENT CO., INC.~ a Florida Corporation, (Print Name of Witness) By: Carl H. Cahill Its President (Print Name of Witness) CITY OF WINTER SPRINGS, a Florida Municipal Corporation, ATTEST: By: By:_ ANDREA LORENZO-LUACES City Clerk PAUL PARTYKA Mayor STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this _ day of 2001, by CARL H. CAHILL, as President of CHC DEVELOPMENT CO., INC., a Florida corporation, [ ] who is personally known to me, or [ ] who has produced as identification. 6 [Space Above This Une For Recording Data] NOTARY PUBLIC, State of Florida My commission expires: (SEAL) F:\DOCS\City of Winter Springs\Agreements\Avery Park Dev.kj 7 [Space Above This Line For Recording Data) EXHIBIT "A" The real property ("Property") which is the subject to, and bound by, the terms and conditions of this Agreement is legally described on Exhibit "A" attached hereto and made a part hereof by reference. N ~/AL EMPHASIS SW ALK (F DOT )( 17 346)\ LEGAL DESCRIPTION LOTS 25 THROUGH 32, 40, 41, 43 THROUGH 45 AND PORTIONS OF LOTS 37 THROUGH 39, 42, AND 46 THROUGH 48, AS SHOWN ON D.R. MITCHELL'S SURVEY OF THE LEVY GRANT, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 5, PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, TOGETHER WITH ALL RIGHTS OF WAY LOCATED ADJACENT TO THE ABOVE LOTS AS VACATED BY RESOLUTION RECORDED IN OFFICIAL RECORDS BOOK 1050, PAGE 401, PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, LESS THE EAST HALF OF THE RIGHT-OF-WAY LYING ADJACENT TO LOTS 25 AND 26. LESS AND EXECPT FROM THE ABOVE THE FOLLOWING; THOSE PORTIONS OF LOTS 37 AND 38 TAKEN FOR ROAD RIGHT-OF-WAY FOR TUSCAWILLA ROAD DESCRIBED IN ORDER OF TAKING RECORDED tN OFFICIAL RECORDS BOOK 3603, PAGE 1095, PUBLIC RECORDS OF SEMINOLE COUN~Y', ':,i....' FLORIDA. I I I I I I I I I I I I I I I I I I I I ;.: i' .: ,.." j ( ";. . .' ':: '. ~ <."\ :', ,:':'~ ':, ',! . '. .~. ~:. '. r' " : - . . . . '. . ' , . ,,:" ".., :-.:""'..-,. . ..1-. ,: l' .\"",,' '.\ . j.. . . ,'/ . '. . .' . . j' . \0 ~ ';: . .. ',' " .' . ~ 1 1 'i.' . ~ ..... . . .. ,':' ," ,... J' "', . CITY OF WINTER SPRINGS, FLORIDA Ronald W McLemore City Manager 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708-2799 Telephone (407) 327-1800. MEMORANDUM ~f---~{ O---~ ~)- ~~~~ \. \. ~ .Q....v.; (I ~~r--, ,/ --' IS II ~ c.; !J-9)CJ / TO: Mayor and Commission FROM: V Ronald W. McLemore, City Manager DATE: May 29, 2001 SUBJ: Avery Park Regular Agenda Item "B" The purpose of bringing this item tonight is to allow the Commission to approve final site plan and engineering subject to the terms of a development agreement allowing CHC to be able to close on the property before June 1, 2001. The following minor changes have been made to the agreement that is in your package to which staff is in agreement. Section Sd In the second sentence substitute the work "gate" with the work "easement"; add to the end of the sentence the words "if gated". In the. third sentence add to the end of the sentence the words "where a public sidewalk currently exist". Section Sh in the first sentence substitute the word "around" with the words "on the north side of". In the second sentence add the words "not requiring irrigation" after the word material. Section Si Tree Replacement: Staff would like the words "prior to the initiation of site construction" added to this section. Staff has not worked out the details of the tree replacement plan. (Section 6 j)In order to allow the agreement to go forward staff has provided that this agreement will be worked out to the satisfaction of the parties. Additionally, and more importantly, staff has not been able to come to agreement with Section "5B" of the agreement dealing with the number of two story homes. .. ~' Staff has been insistent upon all units being two stories on the main entranceway road and the one-story models being built on the first side street. The developer continues to insist upon a minimum of seven of the lots on the main entranceway being reserved for one story building. Staff has made a number of concessions in order to maintain this requirement and does not offer any additional concessions. Therefore, the Commission needs to settle this issue. There are a number of alternatives: 1. Accept staff's position and not allow any single story buildings on the main entranceway. 2. Accept the developer's positions and allow single story on seven (7) of the lots on the main entranceway. 3. Accept some compromise of the two positions. 4. Change the language of Section 5 to read "the number of single story and two story buildings in the development shall be determined in a manner mutually acceptable to the parties prior to the initiation of housing construction. This would allow the agreement to go forward to preserve the developers closing, but would not allow construction to start until the issue is resolved. U:\DocsIWord\Memos\MayOl\Avery Park Agenda Item Regular a.doc MA'r'-29-200'1. 17: 26 P. 02/02 1t1~1-/~ . May 29, 2001 Dear Mr. Mclemore: ~ c> ,..JlJ'i- ML~i~ \~N<.-.-' / ~JJ \[ €,II 0....... .,C"J~qliJ t Mr. Ron Mclemore City Manager City of Winter Springs Wnter Springs. FL Re: Avery Park As you well know, Monison Homes will be the exduslve builder in the new community of Avery Park. Morrison has had several conversations with the developer of this community, CHC Development. in regards to an architectural issue. on the main street entering the community. My current understanding of this issue is that the City Of Winter Springs is requesting that all homes on the main entryway of the community be a two- story design. This request by the City creates a market concern for Morrison Homes In that the majority of our home buyers are requesting single story homes verses two-story homes. We have requested through CHC Development, that lots 2 (one of our two sales models), 9, 10.11,14; 15 and 16 be allowed to be single story and the balan.ce of the lots on that street be two-story. Our two-stOry homes are approximately thirtv feet hiati, and our single story homes are appmximately twenty-mo feet high1so there Is basically very little difference in the heights of the homes. As you review the site plan, you can see that the small lake within the community wi" front thesa homes on this street. Morrison Homes thinks it would be unfair to prohibit a customer that wants to live in a single story home across from this amenity. We have presented a proposal to CHC Development where certain lots would be designated as two-story home lots which I think will still provide you with the same concept you afe trying to echieve. We were involved in this same process in the Celebration community where they assigned certain comer lots as two-story homes and the lots in between coutd be ei1her single or two-story. If you have any questions in regards to the above, please give me a call at 407-629- 0077. Thank you fOr reviewing our requQ$l S n A. Parker r. Vice Pl'8sldCif\t Florida Region ]51 Southhall Lane -Suite 200. MaitlnnJ, FL 327$1 Ph 407-629-0077. Fax 407-619-5282. ww......lIlorrisonhomcs.com ATL,\N"CA AuniN DAllAS FT. LAUDt:RDALE HOUSTON ORLANDO I'IIOF.l.;IX SM:RAMENTll SARASllTA TAMPA WI"T PALM M.....CH TOTAL P. 02 / .,." 041 7;''''';; -'''1 U/-- CIRCUIT ClER/<.t S G 0113 COURT " This Instrument Prepared By and Return to: N~CORf)Ef) 09/~~1 2001 750098 Anthony A, Garganese, City Attorney RgCaRDINI3 FEES :OO~ O~ IS~ 144 PH c0 CITY OF WINTER SFRlNGS NECtJRDE1J 8Y S Coa~nO,~ Drown, Ward, Salzman & Weiss, P.A. , PO Box 2873 ~ Orlando, FL 32802-2873 PARCEL I.D: NO, [Space Above This Line For Recording Data] BINDING DEVELOPMENT AGREEMENT THIS BINDING DEVELOPMENT AGREEMENT, made and executed this /# day of . 2001, by and between the CITY OF WINTER SPRINGS, a Florida municipal corporation ("City" whose address is 1126 East State Road 434, Winter Springs, FL 32708, and CHC DEVELOPMENT CO., INC., a Florida corporation ("CHC"), whose address is 131 Park Lake Street, Orlando, FL 32803. l WIT N E SSE T H: WHEREAS, CHC is constructing a housing development on real property located within the City of Winter Springs, Florida; and WHEREAS, the real property is currently located within the City of Winter Springs, however, is currently being proposed to be used as part of the Town Center site; and WHEREAS, the parties reasonably believe that the real property may be rezoned, in the near future, to Town Center designation in order to accommodate the development of the A VERY PARK DEVELOPMENT project, (the "Project"); and WHEREAS, the City Commission has recommended entering into a Binding Development Agreeme'nt, ("Agreement"), with CHC for the development of the Project; and WHEREAS, in addition to CHC's compliance with all City Codes, permitting and construction not in conflict herein, the City and CHC desire to set forth the following special terms and conditions. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties mutually agree as follows: Section 1. Recitals, The foregoing recitals are hereby incorporated herein by this reference. Section 2. Authority. This Agreement is entered into pursuant to the Florida Municipal Home Rule Powers Act. Section 3. Subject Property. The real property ("Property") which is the subject to, and bound by, the terms and conditions of this Agreement is legally described on Exhibit "A" attached hereto and made a part hereof by reference. 1 ~'"?J /4 -....Q PASE 0114 ~ [Space Above This Line For Recording Data] Section 4. Representations of CHC. CHC hereby represents and warrants to City that CHC 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. This Agreement wiIl, when duly executed and delivered by CHC and recorded in the public records of Seminole County, Florida, constitute a legal, valid and binding obligation enforceable against CHC and the Property in accordance with the terms and conditions of this Agreement. CHC represents it has voluntarily and willfully executed this Agreement for purposes of binding the Property to the terms and conditions set forth in this Agreement. Section 5. CHC's Obligations and Commitments. In consideration of the City entering into this Agreement with CHC, CHC voluntarily agrees as follows: (a) Road Rights-of-Way. Road rights-of-way shall be not less than forty-seven feet (47') in width and in conformance with all other applicable codes. CHC shall construct five-foot (5') greenstrips and five-foot (5') sidewalks rather than the required six-foot (6') greenstrips and six-foot (6') sidewalks. All road rights- of-way shall be privately owned. (b) Residential Structures. All residential structures located on the entranceway street shall be two (2) stories in height, except Lots 6, 9, 11, 14, and 16, which may be one (1) story. All homes located at the road terminating points shall be two (2) stories in height (Lots 18 and 19). All homes located on corner lots shall be two (2) stories in height (Lots 1, 7, 8, 12, 13 and 17). Not less than fifty percent (50%) of the remaining residential structures shall be two (2) stories in height. (c) On-Street Parking. On-street parking on the entranceway street shall be limited to one (1) side of the road. All other streets may have parking on both sides of the street provided that no on-street parking shall be allowed on any street within thirty feet(30') of an intersection, nor within twenty-five feet (25') of a fire hydrant on the side of the road adjacent to which the fire hydrant is located. (d) Gated Community. The Project may have secured privacy access gates and perimeter privacy fencing. A secondary access easement for public safety vehicles shall be required. Emergency vehicle access control systems shall be installed on the. main, entranceway gate' and the secondary emergency easement, if gated. All access gates shall have sidewalks connecting to the public sidewalk system on public streets to which they connect, where a public sidewalk currently exists. 2 FILE NUM 2001750098 ,e OR BOOK 04174 PAGE 0115 [Space Above This Line For Recording Data] (e) Fencing. Fencing along Tuscawilla Road shall be see-through decorative, wrought iron or aluminum material with masonry columns and certified to meet all code requirements. Additional perimeter fencing shall be permitted provided the fence is six feet (6') in height or less, and in compliance with all City Code requirements. (f) Wetland Buffer. The twenty-five-foot (25') wetland vegetative buffer requirement will be waived in consideration of the mitigation plan permitted by the St. Johns River Water Management District and as herein approved by the City Commission in accordance with the City's Comprehensive Plan. (g) Clock. A clock tower with a functional clock shall be located at or near the entrance that is visible from Tuscawilla Road and the design of which shall be similar to a turn-of-the-century village style acceptable to the City. Said clock shall be maintained and remain fully operational. (h) Parks. The land area on the north side of the retention pond located south of the main entranceway road shall be developed as a passive park including paved walkway on the north side of the lake, park benches, gazebo, street lighting, and landscaping material suitable to the City and consistent with the design theme of the Project. The northern temporary ending points of the internal streets shall be landscaped to function as mini-parks with benches, double-head street lights, and landscape plant material which does not require irrigation and is acceptable to the City. (i) Utility Structures / Equipment. Above ground utility structures and equipment such as lift stations and back-flow preventers shall be fully screened with either masonry, fencing, or dense plant materials so as to not be visible from any street. (j) Tree Replacement. A tree replacement program shall be implemented to the satisfaction of the City and in compliance with the City Code prior to the initiation of site construction. Section 7. Successors and Assigns. This Agreement shall automatically be binding upon and shall inure to the benefit of the successors and assigns of each of the parties. Section 8. Applicable Law, This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. 3 FILE NUM 2001750098 OR BOOK 04174 PAGE 0116 . .. . [Space Above This Line For Recording Data] Section 9. Amendments. This Agreement shall not be modified or amended except by written agreement duly executed by both parties hereto and approved by the City Commission. Section 10. Entire Agreement. This Agreement supersedes any other agreement, oral or written, and contains the entire agreement between the City and CHC as to the subject matter hereof. Section 11. 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. Section 12. Effective Date. This Agreement shall become effective upon approval by the City of Winter Springs City Commission and execution of this Agreement by both parties. Section 13. Recordation. This Agreement shall be recorded in the public records of Seminole County, Florida, and shall run with the land. Section 14. Relationship of the Parties. The relationship of the parties to this Agreement is contractual and CHC 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. Section 15. Sovereign Immunity. Nothing contained in this Agreement shall be construed as a waiver of the City's right to sovereign immunity under Section 768.28, Florida Statutes, or any other limitation on the City's potential liability under state and federal law. Section 16. City's Police Power. CHC 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. Section 17. 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 disfavored regarding the interpretation to this Agreement in the event of a dispute between the parties. Section 18. Permits. The failure of this Agreement to address any particular City, county, state, and federal permit, condition, term, or restriction shall not relieve CHC or the City of the necessity of complying with 4 FILE NUM 2001750098 ;f"'. OR BOOK 04174 PAGE 0117 ,. ... [Space Above This Line For Recording Data] the law governing said pennitting requirements, conditions, tenn, or restriction. Section 19. 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. Section 20. Specific Performance. Strict compliance shall be required with each and every provision of this Agreement. The parties agree that failure to perfonn the obligations provided by this Agreement shall result in irreparable damage and that specific perfonnance of these obligations may be obtained by suit in equity. Section 21. 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. Section 22. Future Rezonings / Development Pennits. Nothing herein shall limit the City's authority to grant or deny any future rezoning or development pennit applications or requests subsequent to the effective date of this Agreement. In addition, nothing herein shall be construed as granting or creating a vested property right or interest in CHC or on the Property. IN WITNESS WHEREOF the parties have hereunto set their hands and seal on the date first above written. Signed, sealed and delivered CHC DEVELOPMENT CO., INC.~ 1;ence of a Florida or io B. -~t L~ Lou - AY'r". LUoo+el"'\ (print Name of Witness) :/ . " "-v- . ..1..... ~ .....7 . ~. . ~_. '"" .. -.. ~ <:';1 ~ ~ ':,; " , \J eb~(~. 6-(~e ,..,,,, (print Name of Witness) 5 . . H_--Jf.tN:~:S':&lI1J' ~ll1;oo.v~ ,,,.. vi "..v I LJI'-1 ,,_ I ~Vi ~VV, I ~ Iv CHe DEVELOPMENT 407 841 1623 P.07/11 .' ISI*o ,,~... This lin< fa< ll=onli", ~fl FJL~ NUM 20017~OO98 OR BOOK 04174 PAGE 0118 NOTARIAL ACKNOWLEDGEMENT STATEOFF~A COUNTY OF ~'I~_ ~ The foregoing instrument was acknowledged btfOf! me this I ~daY of . 001, by CARt H. CAHILL, M President QfCHC DeVELOPMENT CO., INC., a florida curporation, u is personally mown tu me, or ( J who has produced as identification (SEAL) F:lDOCSICUy nf WiIlfU Spri"gsl.fgt'Jl!IIItIll1W~f)' ftuk ~".11 \ 6 ~i..~ NOTARY PUBUC, s.ate offlorida My commission expires: t>> l'ameIa R. Fmo i{~ i'; NYmtoMSSD/, InnIlt96 mE ~. May ~ 2005 . . llllIDfCI"'IIICf_1lIlIIIlo.1IIC p.07 \ ...."'~"v~\,ACoIll UQltU(iiI!!1 ~~_I LVV, IV.~ I"'\IVI ...:JnI"H..JI OU::"-LJ ,+Uf...OOLILf.,J p.08 JHl'h:~S-~ l\!l:W CIi:: DEVELl.Fl'ENT 4e7 841 1623 P.08/11 ,. .....1;. '..UP, &::VVJ ,;)UU~~ OR BOoK 04174 PAGE 0119 .' IS..... _. 1Mu....... --.... Dolal EXHibIT" A" The real property ("l'ropclty") which is the subject to, and bound by, the tenns and conditions of chis Agreement is legally de$(ribtd on Exhibit "A" .nacbed hc:rcto tnd made a part hereof by reference. (