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.
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(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.
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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
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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
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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.
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NOTARY PUBLIC, State of Florida
My commission expires:
(SEAL)
F:\DOCS\City of Winter Springs\Agreements\Avery Park Dev.kj
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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.
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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
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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.
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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
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. May 29, 2001
Dear Mr. Mclemore:
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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
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" 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
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PASE 0114
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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.
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FILE NUM 2001750098
,e OR BOOK 04174 PAGE 0115
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(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
. .. .
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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.
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Lou - AY'r". LUoo+el"'\
(print Name of Witness)
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CHe DEVELOPMENT
407 841 1623 P.07/11
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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
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~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
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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
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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.
(