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HomeMy WebLinkAbout2003 10 13 Regular 501 Settlement Agreement Centex Homes 101303_COMM_Regular_501 _Centex_S aettlement_Agreement Page 1 of 4 COMMISSION AGENDA ITEM 501 October 13, 2003 Regular Meeting REQUEST: Consent Informational Public Hearing Regular X 1 L~ Mgr. / Dept. Authorization The City Manager requesting the Commission to approve the terms of a Settlement Agreement with Centex Homes related to the improper cutting of trees on the Centex Heritage Park project, authorize the City Attorney to memorialize the terms in an agreement, and authorize the City Manager to execute the agreement on behalf of the Commission. PURPOSE: This Agenda Item is needed to comply with a Commission directive for the City Manager and City Attorney to attempt to work out a Settlement Agreement with Centex Homes for the improper cutting of trees on the Heritage Park project site. CONSIDERATIONS: On March 11, 2002 the City entered into a development agreement with Centex for Centex to develop Heritage Park. The agreement provides for the preservation of 527 trees on site. On May 12, 2003 the Commission authorized the City Manager and City Attorney to negotiate a settlement agreement related to what the City believes was the cutting of 344 trees on the site in violation of the development agreement. Centex claims that the improper cutting of the 344 trees resulted from a flawed set of landscape plans which both the City and the developer relied upon. That resulted in the cutting of 344 mature trees that should have been preserved according to the plans. Also, the City noted several incidents of improper tree preservation techniques that violated the development agreement between the City and Centex. w 101303_COMM_Regular_501 _Centex_Saettlement_Agreement Page 2 of 3 The City desired two actions on the part of Centex to properly compensate the Public for the loss of trees, and to cure the default in the agreement. 1) A revised landscape plan providing for the replacement of the 344 trees. 2) A $100,000 donation to a worthy project in the City. The $100,000 donation to a worthy project in the City is based upon two points as follows: 1. The Public suffered a loss of 344 "mature" trees that took many years to grow to maturity. 2. The replacement of these mature trees with an equal number of small replacement trees that will require many years of growth to reach the level of maturity of the trees that were cut does not constitute adequate compensation to the Public for the loss that was inflicted upon the Public by Centex's flawed plans. Therefore, in staff's opinion the replacement of the trees alone does not constitute a proper level of compensation to the Public for the loss of mature trees, nor therefore an appropriate cure of Centex's default in the development agreement. Consequently, during negotiations, the City demanded a revised landscape plan replacing the 344 trees, and the additional $100,000 contribution to a worthy City project in order to make the Public whole and to cure the default. Centex asserted that the worthy project would have to benefit Centex properties in the City. The City offered that this could be accomplished by Centex making a $100,000 donation to landscape enhancements on the medians on State Road 434 that would extend from Tuskawilla Road to State Road 419. This would result in landscape improvements in front of both Heritage Park and Parkstone, both Centex projects. The City developed a preliminary median improvement plan that would cost an estimated $100,000 to implement. In additional discussions the City and Centex have come to a mutual agreement that involves the following: Centex Agrees to the Following: 1. To implement the original landscape plan developed by Daly Design Group. 2. To implement an enhanced plan to the Daly plan developed by the City staff that would result in the replacement of the 344 trees provided for in the original plan approved by the City. 101303_COMM_Regu(ar_501_Centex_Saettlement_Agreement •r Page 3 of 3 3. To make a $100,000 cash contribution to the City for enhanced landscaping of the S.R. 434 median from Tuskawilla Road to S.R. 419. 4. Hire a code competent coordinator to review construction and to coordinate requests for inspection. 5. To pay the Public Buildings Impact Fee the City is currently developing if the Commission decides to approve the impact fee. City Agrees to the Following: 1. To allow the installation of all electrical meters on the common exterior walls located at the ends of each building provided that a main cut off is located in the electrical system of each individual unit. 2. To allow the location of all air conditioner condensing units not less than five-feet from the common walls located at the ends of each building provided the condensing units are screened with a decorative P.V.C. type fence and plant material. 3. To provide a Master Plan approved for the three types of building units that will be constructed in the development provided that no customization will occur after approval. 4. To expedite plan review and inspection as much as possible. 5. To have apre-construction meeting with Centex staff to cover construction and inspection issues. 6. To expedite recording of the plat. 7. To allow installation of the landscape plans to begin immediately. RECOMMENDATIONS: It is recommended that the City Commission approve the terms of the Settlement Agreement, authorize the City Attorney to memorialize the terms in an agreement, and authorize the City Manager to execute the agreement on behalf of the Commission. ATTACHMENTS: COMMISSION ACTION: