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Home My WebLink About2002 04 02 Regular O CHC Development Co., Inc. Development Agreement 032502 Regualr Add On 0 Amend Agreement Avery Park.doc COMMISSION AGENDA ADD-ON ITEM 0 Consent Information Public Hearing Regular X MGR.P- Authorization /Dept. REQUEST: City Manager requesting the City Commission to authorize the City Manager to execute an amendment to the development agreement with CHC Development Co., Inc. allowing for a change in the distribution of two story units. PURPOSE: This agenda item is needed to correct a mistake in the construction of two story units and to review a request for allowing additional one story units in Avery Park. CONSIDERATIONS: The development agreement between the city and CHC Development Co., Inc. requires the construction of a two story unit on lot 2 of Avery Park in order to be consistent with two story Town Center design standards. A one story building with a second story bonus room was mistakenly permitted on lot 2 and was well under construction before it was detected. The error resulted from an interpretation by the builder and the building department that a second story bonus room satisfied the requirement in the development agreement for a two-story building. This is not the case. Full two story front elevations were approved based upon models presented during negotiations. The provisions of the agreement were reached only after intensive negotiations in which each party made concessions in order to reach a final agreement. The intent of Town Center development is to create multi story development to conform with Town Center design and increased property values and density of development. 032502 Regualr Add On 0 Amend Agreement A very Park.doc To cure the situation, Morrison Homes has offered to build a two-story unit on lot 6, which was programmed for a single story building in the agreement. This is a reasonable offer since the city was partially at blame in the misinterpretation. Morrison Homes has also asked that units with second story bonus rooms be allowed to satisfy two story requirements everywhere except on the main entranceway road. Staff is opposed to this request for the same reasons stipulated above. FUNDING: None required. RECOMMENDATION: It is recommended that the City Manager be authorized to execute an amendment to the development agreement with CHC Development Co., Inc. allowing the construction of a single story unit on lot 2 of Avery Park to cure the error, and requiring in lieu there of a two story unit on lot 6 of Avery Park which was previously programmed to be a single story building. It is recommended that the request to allow single story units with second story bonus rooms to satisfy the two-story requirement in the agreement in all areas except the main entranceway road be denied. ATTACHMENTS: COMMISSION ACTION: Wednesday, January 23, 2002 10:04 AM JAN-23-20a2 10:07 11oi, ,_""""", Prep.",d By and Return 10: Anlkony A. G~. Ci/y Atlorney ci) ern' OF WINTER. SI'IUNGS l1rown. Wud. 51l1mmn.lt Weh.. P.A. PO Cox 2&n "- 0tL1nd0. fL 32802.287) r^RCEL 1.0. NO. SANDY BIERLY 407-6821213 CHe DEVELOPMENT ~07 841 1623 P.02/11 -.." V4Z., -.., '-. .... Cl Cle: fll<,. S of IJG 01 1.3 R.I:uIT ~ REM- II 200 J -IIlII:D 0911'1 750096 IfCo~DINlJ FeEs ;:1 0I'5J,... ~ Ii{COMED 8Y 8 ~.tn~ p.02 IScNcr ^'ov( Tt.ts lrc.c Far .<<4fdlt.tl Daut] BINDING DEVELOPMENT AGREEMENT THIS BINDING DEVELOPMENT AGREEMENT, made and executed this I ~ day of 200 1. by llnd betwlXn the CITY OF' WINTER SPRINGS, a Florida municipal eorpomdon ("City' whose address is 1126 Hast Stale Road 414. Winter Springs, FL 32108. and CUC DEVELOPMENT CO., nile.. a Floridn corporation ("CHC"), whose address is IJI ParIc lake Street, Orlando, FL 32803. WI TN ESSE TH: WHEREAS., CHC is cons1nlctiag a housing developmcnc on real property located within the City of Winter Springs, Aorida; and WHEREAS, the relll property is currently located within ,he City of Win'a Springs, however. is currently being proposed fo be used lIS pllrt oflhe Town Center site: and WHEREAS, the parties reasonably believe fhAt du: real propeny may be rezoned, io die near t\nure. 10 Town Center designation in order to aecOtlllllodate !he development of me AVERY PARK DEVELOPMENT project, (the "Project"); aDd WHEREAS, the City Commission bas recommended entering into a Binding Development Agreement, ("Agreement"). with CHC for the development of the Project; aDd WHEREAS, in addition 10 CHC's compliance with all City Codes, permitting IIIld ~ion nO( in conflict herein, the City and CHC desire to set forth the fullowing special tetms and conditions. NOW. THEREFORE, in consideration of the murnal promises and covmants c;ontained bereln, the parties mutually asree as follows: Sec;tjtm I. Recitals. The foregoing recitals are hereby irK:orporated herein by this referellee. Section 2. Authority. This Agretment is entered inlO pursuant to the Florida Municipal Home Rule Powers Act. Seellon 3. Subject Property. The real property tPropcnyj which is the subject to. and bound by, the lams and COfIditions of this Aereement is legally dtlscribcd on Exhibit "A" ,,"ached hC1'elo and made Q part hcruofby reference. Wednesday, January 23,200210:04 AM .' JI-lN-23-2002 10:07 SANDY BIERLY 407.6821213 CHC DEVELOPMENT 407 841 1623 P.03/11 - , .. P~U~E 011"1 p.03 I~ """". no L,;,o, r.. ~--""o..'J Section 4. Rroresentations of CHC. CHC hereby represents and warrAntS to City that CHC has the power lUld authQrity to cxc<;utc, deliver and perform the terms atId provisions of this Agreemcnt and has raken all necessary aClion to authorize the execution, delivery &l1d performance of this Agreement. This Agreement will, when duly executed and delivered by CHC Ilnd recorded in the public records of Seminole County, Florid'!, constitute a legal. ",alid and binding obligation enforceable against CHC and the PJ'Openy in accvrdance with ~ term$ and wnditiolU of thi$ Agreemenl CHC represents it 1\43 volunwily lUld willfully executed this Agrei:meat for purposes of binding the Property to the terms Md condlrlons set for1h in this Agreement. Section S. CHC's Oblielltions and Commitments. In consideration of the City entering into this Agreement with CHC. CHC voluntarily agrees as follows: (II) Road Ridlts.of-Way. RolId rig/ns-of-way shall be not less t1\an totty-seven feet (41') in width and in conformance with all other applicable codes. CHe shall constrUct five.foot (5') greenstrips and frYe-foot (5') sidewalks mhu than tho required liix.foot (6') greenstrips and six-foot (6') sidewalks. All road right$- of-way shall be privately owned. (b) Residential SttuCtUl'eS.. All residential stnJctures locsted on the entranceway street sball be two (2) stories in height, t!.rC1!Pt LAl$ 6, 9, 11, U, and 16, tIlhich mq ~ 0fU (l) swry. All homes located lit the road tcrminati~~ points s/ulIl be two (2) storie$ in height (lAts 18 tI1fd 19). A II homes located on comer lots shall be two (2) stories ill height (LtJt.r 1, 7, 't 12, 1J and 17). NOIIl!$c dlan fifty percent (50%) oftbe remaining residential slnlCtUres shall be TWO (2) stories In helgbt. (0) On-Strut Parlcing. On-street puking en the entranceway street sh2l1 be limircd to one (1) side: of the road.- All odler-str=ts may havo.parking on both s~ ~f the-streerprovided -tltarno-on~$tree( - -. - ... .- parking shall be allowed On any street within thirty (eet (30') of an intersection, nor wlthin rwenty.ftve feet (25') of.:l 11", hydnsnt on ~ side of the wad adja:eut to wflieb the file bydrant is Iocaled. (d) Gated CotrJImInitv. The Project may have ~d privacy access gates and perimeter pOvllCY fencing. A sc:condM)' KtesI c:asemeqt for public safllty vdJicles wll be requited. Emergency vehicle access control systems shall be irulalled on the main lllltnmcewAy g.e md d.e secondary emergency ~ent. if r;ated. All ~s gates shllll bave sidewlllks cooneding to lt1e publie $ldewalk system on public SO'eets to which they connect, where it public sidewalk mm:ntly exots_ 2 Wednesday. January 23,200210:04 AM " JHN-~J-~~ 10:07 SANDY BIERLY 407.6821213 CHe DEVELOPI'ENT 407 841 1523 P.B4/11 p.04 FILE NUM ~001750098 OR BOOK 04174 P~G~ 0115 (Sro<A_l\o4Uoc fVl .._.... 0...1 (e) FencmJl. Ftncing along Tmcawilla Road ~all be see-through decorative wl'ought iron or aluminum material with masonry columns and certified to meet all code requirements. Additivnlll perimeter funcing shall be pecmitted provided the fence is six feet (6') in height or less, lInd in compliance with all City ~ requirements, (I) Wetland Buffer. The lwroty-fjve-foot (25') wetland vegetative buffer requirement will be waived in conJidmltion of the mitigation plan pennitted by the St. Johns River Water Management District and as herein approved by the City Commission in accordance with the City's Comprehensive Plnn. (g) Clock. A cloclc lower wjlJ1 a functional clock ,hall be located at or near the cnlTllll<:c thAt i:J vi,ible from TwcawiJla Rood and the design of which IDaJl be similAr 10 a turn-of-the-ccnrury village style acceplable to the City. Said clod: stall be maintained and remain fuUy operational. (h) PalX$. The: land area Ol\ the not1h side of the retention pond Jocate<I south of (he main entranceway road shall be developed as a passive parle including paved walkway !Xl the north side of tho IlIke. pllrl< benches.. gazebo. street ti&Jlting. ancllM<beaplng material suitable to the City and consistent with the dC$ign theme of the Project. .1 The northern temporal)' ending poinf$ of the internal SU'eeCS shall be IIUIdscaped to function lIS mini-parlcs wlcb ben~. dQU!)le-be3d SUeet lights. -and landscape plant material whic:f1 . does not require irriglltiClft and h KCCpUblc to the City. (i) Utility $Inletures I BquiJmtent Above ground utility stroctures and cquipmmt such as lift sratiom Slid back-now prcventers shall be fully screened with eldter masonry, 'fencing, or dense plant mareriaJs so lIS to not be visible from any street. (j) Tree Rcplaccmcnt. A .tree rcplacr:mt:llt program shallube..impletneQted to the satlsfactlon of the City and in compUMC4 wltll the City Code prior 10 die Initiation ofslu: construcdon. Section 1. S41cccss0t3 and A$$~ns. This Agreement shall w(oms(ically be binding upon and shall inu~ fQ the benefit of the successors and lISSlgns of each of the parties. Section 8. Applicable Law. Thi$ Aueemetlt shall be governed by and construed in accordance with the I2tws of (he State of FloricU. 3 Wednesday, January 23,200210:04 AM JAN-23-2002 10:~? SANDY BIERLY 407-6821213 CHe DEVELOPf"ENT 407 841 1623 P. 05/11 rlL~ NUM 2001750098 OR BOOK 04174 PAGE OllE; p05 ____I~pJtt' N)O\4 T~t LiM POI ~a Otl.l) Section 9. Amendments. n,is Agreement shall not be modified or amended except by wrillen ~greemenr duly execured by both parltes hefelO and approved by the City Commis.ion. SectiQn 10. Entire Agreement. This Agreement supersedes any othcr agreement. olal ur written. and contains the entire agreement between the City and CHC as to the subject matter hereof. Section II. Severability. If allY provision of this Agreement ~hall be held to be invalid or unenforceable to lIny extent by a COUrl of cont~teot jurisdiction. the same shall not affect in lIny respect (he validity or cnforceabilily of the remainder of this Agreement. Section 12. Effective Date. 1llis Agreement shall bec:ame effective upon approval by the City of Winter Springs City COlnmi$Sioo and eJCecution oflhis Agreement by both parties, Section I J_ Recordation. This ~ment sball be: =rded in rhe public records of Seminole County, Florida, and $hall run with tlx: land. Sectwn 14. Relatlonshlp of the Parties. The relationship of the parties to this Agreement is contractuaJ and CHC is an inde~Qdent contr4(;tor llIId not ilIl ~t of the Ciry. Nothing herein wall be deemed to creare ajoint vef1Nre or principal-agent relations.hip between dlo pmies, and Mither patty is authorized to. nor shall either party act toward third persons or die public in any manlier whicb would indicate any such relationship with the ocher. Section 15, Sovereign Immunity. Nothing contained in dlis Agreement shall be consnued /IS a waiver of the City', right to sovCt'Ciga immunity u~ ~ion 768.28, F/()f'W SIQlureJ. or illlY other limit41ion 0tI the City"$ potential liability under stlltC and federal law. Sectioa 16_ ~i!Y'$ Police Power. CfiC.lgrees and acknowledges that thc-City-herebynserves..all--- H H_ _______. md -. police powers granted to the City by law. In no way shalltltis Agreement be con$tnied as the City ~aining away or SUlTendering its police rowen. . SectIon /7. 'ateTllretation. ~ parties f1cJd)y agree and acknowledge that they have both participated equally in the drafting of this Agcement and no party shaJl be favored or disfavOTed regarding the iaterpretation to this Agreement In the evenr of a dispute beCWc>cn the panles. Scctioo 18. Penni~. The failure of this A~t 10 address any particular City, county, SUIte, illld fedffill ~it, condition, term, oc- fllwiction mall not n:1~vc CHC or the Ciry of the nttes.ity of complyinG with 4 Wednesday, January 23, 2002 10:04 AM JJ.:lN-23-Z002 113: 08 SANDY BIERLY 407-6821213 CHC DEVELOPMENT 407 841 1623 P.eG/11 p.DS FJLE NUM 2001750098 OR BOOK 04174 PAGE 0117 Is,.-.. ........lh.. u.. 1'<< "'-~ Doul the IllW govclTIing said permitting rcquiremenl!l, conditions, term, or re$triction. Section 19. Third pany RI/Ults. This AgreerMnl is "Of a third pany beneficiary conuaa and mall not in any way whatsoever creale any rights on ~hi\lf of any thifd party. SectiOfl 20. Specific PeT'folmance. Slrict complial1ce shill!. be required with each and every provision of this Agreemenc. The parties agree mal fallure Co pcrfonn the obli2ations provided by this Agrwnellt shall result in irreparable damage and !hat specific penonnance of these obligations may be obtained by suit in equity. Section 2J . Attorney's fees. In cOMection with MY 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 \0 the extent penniued bylaw. SeL'1ion 22. Future Rezoni~s I Oevelopmall Pennino Nothing herein shall limit the City's authority 10 grant or deny any future remning or development permit appfication5 or requests subsequent to !he effeaivc: ~lc of this Agreemenl. In addition. ~ herein shall be con$lnJed 3.$ grBl1ting or creating a vested property right or interest in CHC or on the Property. IN WITNESS WHEREOF me panJes have bereunlO SC{ rheir hands and seal on the date first above wriUen. SitQled. sealed and delivered +0.: I: ~4tA.J- Lou-A",,, ~e"" . (Prinl Name oeW'lbm) CHC DEVELOPMENT CO.. INc... :~ arl. . I . . .' .. ",' ......,'. . '(!}~. ..... . .- . .. .. =-.. . .) 000' . . -0 o. LUACES ..... 5 Wednesday, January 23, 2002 10:04 AM J l-lt'h:~.5-&lI1C! 111 ; \1t:l SANDY BIERLY 407-6821213 CHC DEVEUJf'f"ENf 407 841 1623 P.07/11 p.07 l~ A~,",~ nm l,",= for ~~Vf[ ~'I NOTARIAL ACKNOWLEDyEMF.Nl' FILE: NUM 2001750098 OR BOOK 04174 PAGE 0118 STATE OF FL~DA COUNTY OF b ~ ''If- The foregoing ill5trument was aclo1owledged before me this I ~da)' Of~ . .001, by CARl. H. CAHILL. "" Pre3idenl ofCHC DEveLOPMENT CO., INC.. a flQTida corporoltion.~~rsonaIlY known to me, or [ J who has produced as identification. (SEAL) F:IDOCSlCiry of Winf<T Spri"grVlI<"'t~1lQIA'try 'wi lkvJj 6 ~J.,~ NOTAR Y pU8Lrc, State of Florida My commission expires: I.t),n ~ PameVo It Fme [.: or. MYOO~, lXXl.ml EmlES .. t I ~. May 6. 2005 , :.if,. 00l<VKI_1IOI''''~ II: Wednesday, January 23,200210:04 AM JHN-"'.5-~ 1\1:~ SANDY BIERLY 407-6821213 CHC DEVELDPI'fl.IT 407 B41 1623 P. 08/11 .. .....e. '''UI'I C:VUJ IOUU~~ OR BooK 04174 PAGE OJ19 p.08 JS~ ~" T\~ U_ fur R""" o.&.J EXHI OfT" A ,. TIle real property ("Property") whicl1 is the subject to. and bound by. the tcnns and conditions of this Agreemenl is legally des<:ribed on Exhibit "A" anached hereto and made 8 part hereof by reference. Wednesday, January 23, 2002 10:04 AM J HN- C:.)- ~\XI~ Hl; Ialj SANDY BIERLY 407-6821213 LHC lJt.VEllJPMENT ~B7 841 1623 P.09/11 p.09 ." ., MMVANN( ~, ClERK OF CIIlaJIT CWAT SSfINCU cmm BK O~174 PG 0120 CLERK'S ~ 2001750099 BINDING DEVELOPMENT AGR~Utt9f2001 01:51:44 PM (A d t ~ "I") -~~ 15.00 men men tf IlEroRDED 8Y 6 Co.tnty THIS BINDING AGREEMENT. made and executed this,2Q. -ty of , 001 by and between the CITY OF WINTER SPRINGS, II Florida Municipal Co ration ("City") whose address is 1126 East State Road 434, Winter Springj, Florida 32708, and CRC DEVELOPMENT CO., me., a Florida Coq>oration ("CHe") whose address is 131 Park Lake Street, Orlando, Florida 3Z8fJJ. HEREAS, eRC entered into a Binding Agreement with tbe City of Winter Springs 2001 to construct a residential eommunity in Winter Springs, Florida Town er known as Avery 'J!tIir1r A~ WHEREAS, Section 5(j) of the aforementioned agreement provides tbat 1l tree replacement program shall be implemeated to tbe satisfaction of the City and in compliance with the City Arbor Ontinance, Chapter 5 of the City Code, (Arbor Ordinance), aod WHEREAS, tbe City Code provides eonsiderable discretion in formulating a tree replacement prognm, and WHEREAS, the City staff bas developed strategies the staff believes will provide appropriate consideration for ~QServatiOD areas dedicated involuntanly and volunbrily to the public by the developer as further defined berein, so a~ to provide an incentive OD tbe part ofthe developer fo dedicate lands for conservation to the public, and 2 bigber quality of plant materials in development, and WHEREAS, tbe City ConunissioD desires this Tree Replacement Program for Avery \1l=Ib to be reviewed aDd :approved by the Commission in a Development Agreement. PtJ~1( <Y~ ' . NOW, THEREFORE, io consideration of the mutual provisions and coymant$ contained herein, the parties mutually llgl"ee 8S followlI: Section L Supplemental ~ment. Thill Agreement is adopted plU"$uaot to Section S(j) of the BiDding Development Agnemeut between CHe _ Development Co., Inc., a Florida ~...~o. ..d~ '''-CIll< of WiD....~Sp..mg,;. Florid. m..i<ip>l ..rpontio., ....ed ~ ("Original Binding Development Agreement"). This Agreement shall be deemed in ddi lOD to and SupplemeataJ to tbe Original Binding Development Agreement. Section 2. Definition5. The foDowiag words shall haye the meaning a3cribed below unless the context clearJy indicates otherwise: Page 1 or J .. SANDY BIERLY 407.6821213 Ll1C IJEVELOPMENT 407 841 1623 P. Hl/l1 ~lL~ NUM 2001750099 OR BOOH 04174 PAGE 0121 p.10 wedneSday, January 23,200210:04 AM JHN-~-~ 11::)'00 (a) City Arbor Ordinance.. City Arbor Ordillanee shall menD Chapter 5 of the City Code of Ordin IlDCes otherwise known lIlY the City Arbor Ordinance. (b) Preferred Plant List. Preferred rlant List shall mean that list ofpJant materials llnd corresponding Tree Replacement Credits shown In Exhibit "A" of this agreement. (c) Tree Replacement Assessment. Tree Replacement Assessment sball mean the total amount of monetary compensation owed to the City of Winter Springs as provided in the Arbor Ordinance for the replacement of treC$ cut, dotroyed, Or removed (rom a property in the City as II result of development or redevelopment. (d) Tree Repla<<ment Credit Tree Replncell1cnt Credit sball be equal to one- hundred (S1OO_00) dollars and no cents in tree replacement value. Section 3. Arbor Ordinance RequlremenL In coosidentioD of frees wbkb sball be cut, removed or destroyed from the property known as Avery Woods by CHC or its agent, cae shan replace trees or monetarily compensate th~ City as provided in the Arbor OrdinllJllce lIccording to the Tree Replacemwt Assessment established by the City. Section 4. Tr~ Replacemeat Credit. CHe may dedud from th~r Tree: Replacement Assessment, Tree RepJacement Credits based on the Dumber of replacement credits as provided in the Preferred Plant MateriaJ List, (Exhibit" A ") to tbis AgftelDfllt provided that: (i) All plant materials are Florida Grades and Standard One (I) or better, and (ii) AU plant materials IIrt propuly installed; and (Hi) ; ~he landscape plan for the proposed development to whiclJ tl1e credits are to be applied is prepared by a landsc.ape arehittct licensed by the State of Florida. IN WITNESS WHEREOF, the parties have hereunto set their hands and seal 00 tbedlllU fint written above. Signed, sealed and delivered in the pr~nce of: ~-~~ /..i.v ~ A..h.^ Wool e", (Print NamealWilnel.1 eHC DEVELOPMENT CO~ INC., a Florida Corporation, ~(.~ R../u.MflA C. 1~A./llL~ (Prinl N""", urWilnasl Byr~p C III Its Presidilnt Page 2 of J CITY OF. WINTER SPRINGS, a Florida M~~:it.:q,aI C~_or-ation, . ._" . ..0- .~. 1'...... .~. . ", Wednesday, January 23,200210:04 AM JHl'h:~-5-~ lI1:\j':j .';By: (: 'C, ~. . I .\. . . .' y . .f'I,' .'" .... t" ".:.. I' ~- . ')0/ S... .... """ ..- SANDY BIERLY 407-6821213 CHe DEVELOPMENT 407 841 1623 P.ll/1t FILE NOM 2001750099 OR BOOK 04174 PAGE 0122 p.11 ATTEST: By: STATE OF FLORIDA COUNTY OF ORANGE The foregoing instrument was acknowledged before me this J(~daY of CL ~.1L~ - 2001, by CARL H. CAlDLL,.as Presideol ofCHC DEVELOPMENT CO., INC., a Flori~ion, ~ who is pec~na1ly known to me, or f] who has produced as identification. AI8~odmc'n' A n:ry Parlutoc NOTARY PUBLIC, State of Florida mnU";,,nexpi=: ~.~ ~ PQmoI::l R. FirvIe ;., . p.jy COWollSSlOH I lnll81P6 D:lWfS ~ May41Oa5 . IOIcCfo IlClIOl' fMrllCSllUllflllCl;; Page J or 3 TOTAl P. 11