HomeMy WebLinkAbout2006 12 11 Regular 305 Sonesta Pointe Phases I and II
COMMISSION AGENDA
ITEM 305
REGULAR
December 11, 2006
Meeting
REQUEST:
The Community Development Department- Planning Division requests the Commission approve the
Subdivision & Final Engineering Plans and associated Development Agreement with Tousa Homes,
Inc. for Sonesta Pointe Phases I and II.
PURPOSE:
The purpose of this agenda item is to request the City Commission's approval of the final
subdivision/engineering plans and Development Agreement with Tousa Homes, Inc. for Sonesta
Pointe at the Winter Springs Town Center. Sonesta Pointe is an Engle Homes project consisting of
408 townhome units on a 40.0 acre site located on the east side of Tuskawilla Road, immediately
south of the St. Johns Landing subdivision in the Winter Springs Town Center.
APPLICABLE LAW AND PUBLIC POLICY:
Chapter 166, Florida Statutes
Comprehensive Plan
City Code of Ordinances, particularly Chapter 9; Town Center District Code Sections 20-320 through
20-327; and Section 20-317. Application for construction.
Schrimsher Development Agreement, executed June 26,2000
CHRONOLOGY:
Aug. 9,2004- Concept Plan Approved by City Commission
Sept. 27, 2004- Refined Concept Plan Approved by City Commission
Aug. 28, 2006- Aesthetic Review Package Approved by City Commission
Nov. 13,2006 - Early Work Permit Approved by the City Commission
CONSIDERATIONS:
This development is included within the properties described by the Schrimsher Development
Agreement of June 26, 2000; however, the agreement also includes lands that are not within the
geographic boundaries of this project.
December 11,2006
Regular Agenda Item 305
The project consists of 408 rear loaded (garage entrances in the rear, with access from an alley) town
house units, a recreation facility with a pool, park features, and two stormwater ponds that double as a
park amenity features.
The 408 units are divided into two phases, as shown on the final engineering plans, with 58 units in
Phase I and 350 units in Phase II.
A total of 1,114 parking spaces are provided onsite, consisting of 816 garage spaces (every townhome
unit will has a two-car garage) and 298 on-street spaces, for an overall parking ratio of2.73 spaces per
unit. An additional 18 parallel parking spaces are being constructed on Tuskawilla Road; however,
consistent with policy on other projects, these spaces are considered to be offsite and are not counted
towards meeting the onsite parking demand.
Access to and from the development is provided along Tuskawilla Road through three entrance
roadways. Access will also be available from Michael Blake Boulevard (formerly the Spine Road or
Alderbrook Road), which will be a collector road (as identified in the Transportation Element of the
Comprehensive Plan). The location of this road is in compliance with the Comprehensive Plan and
with the Schrimsher Development Agreement. It will be constructed from S.R. 434 to the trail
crossing as a part of the James Doran Town Center Phase II project and constructed from Tuskawilla
Road to the trail crossing during Phase I of Sonesta Pointe.
A traffic study was provided with the subdivision plan. The project is estimated to generate a daily
traffic volume of 2,391 vehicles per day, with 180 AM peak hour trips and 212 PM peak hour trips.
The primary offsite transportation improvement required for Sonesta Pointe is construction of Michael
Blake Boulevard (Spine Road) from Tuskawilla Road to the trail crossing. When this road is
complete and extended to S.R. 434 as a part of the JDC Phase II project, Michael Blake Blvd will
provide relief to the Tuskawilla/S.R. 434 intersection and an alternate access point to and from S.R.
434. The traffic generation and distribution from Sonesta Pointe is consistent with the City's S.R. 434
Town Center Access Management Plan. Staff has reviewed and approved the traffic study.
Stormwater from the subdivision is collected and routed to two onsite wet detention ponds. Each wet
detention pond has an outfall that discharges into the existing wetlands to the west, which drain into
Lake Jesup. A St. Johns River Water Management District permit has been obtained for the project.
The onsite wet detention ponds have extensive littoral plantings, which improve water quality through
nutrient uptake and habitat creation.
A large number of specimen trees are required to be removed from the site to support the
development, resulting in the loss of tree canopy to the City. As a result, the developer has agreed to
contribute $39,000 to be used for purchase and installation of plant material within the Town Center.
The landscape plan indicates that the following quantities of plant material will be installed on-site as
part of the site development:
539 palms
1015 canopy trees
18,181 shrubs
16,000 littoral plantings (along the lake shoreline and the edge of wetlands)
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December 11, 2006
Regular Agenda Item 305
The Schrimsher Development Agreement calls for a 50' buffer area adjacent to the St. John's Landing
subdivision. The plans show a forty (40) foot area between the St. Johns Landing and Sonesta Pointe
property lines, with an additional twelve (12) to thirteen (13) feet within the Sonesta Pointe
subdivision that will include a privacy wall and landscaping as part of the required buffer.
The project includes several deviations from the Code which are supported by Staff. These are
as follows with the associated Code Sections referenced:
1. Town Center Code, Section 20-325( c) Squares, Parks and Streets Map depicts the location and
Exhibit' A' in the current Schrimsher Development Agreement and depicts the location and acreage
of certain parks and squares that are to be conveyed to the City at the time of development. These
include the following:
Wetland Park (22.33 acres min.)
Small Neighborhood Square #2 (.45 acres)
Small Neighborhood Square #3 (.44 acres)
Small Neighborhood Square #4 (.42 acres) [within the geographic area of JDC Phase 2B]
Small Neighborhood Square #5 (.44 acres) [within the geographic area of JDC Phase 2B]
Lake Trail Park (.85 acres)
Magnolia Park (.64 -.79 acres) [already conveyed to the City]
(The associated acreages include the adjacent right-of-way around each space and are considered as a
minimum acreage.)
The Schrimsher Development Agreement states that squares may be substituted by special exception
granted by the City Commission, provided that the substituted Small Neighborhood Square is "of
equal or better value than what is proposed in the Town Center District Code with respect to property
value and design".
"Lake Trail Park" has been relocated and substituted with "Grande Park." Grande Park is a central
focal feature of the development and is a better value than what was initially proposed in the Town
Center District Code with respect to both enhancing property value and the design of the
development. Grande Park will be conveyed to the City as a public park but according to the
Development Agreement will be maintained by the Homeowners Association.
"Neighborhood Square 2" and "Neighborhood Square 3" as described in the Schrimsher
Development Agreement have been relocated and substituted with private stormwater retention lakes
surrounded by perimeter sidewalks and an overlook seating area. The Schrimsher Agreement calls
for the conveyance of "Neighborhood Square 2" and "Neighborhood Square 3" to the City. In order
for these spaces to meet the intent of the Schrimsher Development Agreement for "public" space, the
sidewalks and overlook seating area also need to be dedicated for public use while maintained by the
Homeowners Association.
Staff believes that the proposed subdivision plan substantially adds value to the both the City and the
development by the inclusion of open space and pedestrian corridors over that required by Code and
the Schrimsher Agreement (as long as these areas are maintained in perpetuity for use by the general
public and dedicated as such in the Development Agreement and on the plat. Accordingly, all
sidewalks (except those within the private community's recreational area denoted as "parcel "B") are
to remain in perpetuity for public use.
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December 11, 2006
Regular Agenda Item 305
2. Two public access points are provided to the trail rather than the "Lake Trail Park" access. Full
public access to and from the trail and Sonesta Pointe shall remain in perpetuity as a "public"
ingress/egress point to the trail and is never be gated or locked.
3. The existing boundary, topographic and tree survey dated August 13, 2003, prepared by ASM
Surveying, will be accepted by the City. (Sec. 5-6 (a-I) and Sec. 20-321 (b-3) of the City's Code of
Ordinances)
4. Project identification signage will be allowed at Michael Blake Blvd. (formerly known as "Spine
Road") and Loxton Boulevard, consisting of an 8'x8'x 16' bell tower.
5. Brick paver systems within public/private roadways shall be utilized at crosswalks and at the
entranceway traffic circle and shall be the maintenance responsibility of the homeowners association.
(Sec. 9 - 202.2)
6. All roadways shall be designed and constructed pursuant to the Town Center District Code,
except for the following streets which vary from the standard street types included in the Code:
These include the Entry Boulevard and the roundabout illustrated at Arrowwood Road/Fieldstone
Street and Road "P" (Exhibit "E" of the Development Agreement).
The following streets are Neighborhood Streets, with a 48' right of way:
FallenleafLane
Lynmar Drive and
Calaveres Street
The following street is an Edge Drive, with a 48' right of way:
Michael Blake Blvd ("Spine Road")
The following streets are Neighborhood Lanes, with a 50' right of way ("A" Section):
Trinitas Street
Icaria Avenue
St. Francis Drive and
Fieldstone Street
The following street is a Neighborhood Lane, with a 66' right of way ("B" Section):
Hawley Lane
The revised road configuration is illustrated in Exhibit "F" of the Developers Agreement. "Spine
Road" is the only collector road.
Roads C, H, & L, shall be designated as a "modified neighborhood street hybrid" allowing for
parking adjacent to the pond areas. (Sec. 20 - 325.12)
The main road entrance, known as Loxton Boulevard, shall be designated a "modified urban
boulevard." The median shall be 24 ft. wide. The ingress and egress drive lanes shall be 12 ft. wide
for emergency traffic use in lieu of 10 feet wide as defined in Section 20-325 (c-9). The grass strips
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December 11, 2006
Regular Agenda Item 305
on either side of the road shall be permitted to exceed the 6 ft. width of the standard urban boulevard
requirements to off-set pedestrian movements from the traffic circle and to open a vista toward the
Grande Park area. The right-of-way for this road will be extended in width to encompass the
sidewalks on either side of said roadway. (Sec. 20 - 325.9)
Calaveres Street shall be developed as a partial neighborhood street, with no parking or sidewalk on
the east side of the roadway, to allow for the expansion to a full neighborhood street section if the
Adjacent Property Development develops in a similar fashion to utilize the frontage of this public
road. It is the City's intent that the sidewalk and parallel parking on the east side of Calaveres Street
will be constructed concurrently with the adjacent property development. The sidewalk on the east
side of Calaveres Street will be constructed concurrently with the adjacent property development in
compliance with the Comprehensive Plan which requires sidewalks to be constructed on both sides of
the street and with Sec. 20 - 325.12 of the Code.
Lynmar Drive and Fieldstone Street are anticipated to extend to the south through the adjacent
property in compliance with the Transportation Element of the Comprehensive Plan at such time as
the adjacent property develops.
7. Due to the curvilinear road system and other site features, some buildings have a build-to line that
exceeds 10' required by code.
8. Building separations greater than those enumerated in Section 20-325 and categorized by street
type shall be allowed, as shown on the final engineering plans.
9. Balconies and porches shall have a length greater than 25% of the individual unit frontages in lieu
of25% of the building front (Sec. 20-326b and Sec. 20-326d).
10. Deviations to landscape material listed in the recommended shrub pallet and recommended tree
pallet referenced in Sec. 20-468, are included in the approved landscape plans and are supported by
Staff.
11. The City will not require the entire Schrimsher Property to be platted. Developer will file a plat
application for the Townhome Property, Wetland Park and 5 foot buffer strip adjacent to the St.
John's Landing subdivision. (Sec. 9 - 2, Sec. 9 - 75a - 3 of the City's Code of Ordinances)
12. In compliance with Transportation Element Policy 1.6.2, a bus shelter will be designed and
constructed along "Spine Road" on the Wetland Park parcel prior to Phase 2.
FINDINGS:
. The proposed development is located within the City of Winter Springs Town Center.
. The subdivision will connect to City potable water and sanitary sewer. The City has adequate
capacity for both.
. A traffic study has been submitted and reviewed by Staff. All required transportation
improvements are shown on the final engineering plans.
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December 11, 2006
Regular Agenda Item 305
. Adequate parking is provided by the two-car garages and the 298 on-street parking spaces.
. The proposed stormwater management system meets the City Code and a St. Johns River Water
Management District permit has been obtained.
. The attached development agreement and final engineering/subdivision plan are consistent with
the Comprehensive Plan.
· Deviations from the Code are addressed in the development agreement.
· Staff supports the approval of the Subdivision and Final Engineering Plans and Development
Agreement subject to the following conditions:
CONDITIONS OF SUBDIVISION/FINAL ENGINEERING APPROVAL:
1. Revise the handicapped parallel parking spaces to meet all applicable codes.
2. Sheet 14. Remove the dead end sign and move the barricade closer to the curb return. Specify the
number of object markers and provide a WI-6 sign per the referenced FDOT detail.
3. Sheet 16. Revise the wall opening to be 6' to match the typical sidewalk width in the community, and
as indicated on sheet 7, and add note that the access point is to remain in perpetuity as a "public"
ingress/egress point to the trail and is never be gated or locked.
4. Sheet 21. Revise the trail access sidewalk to 6' to match the typical sidewalk width in the community
and add note that the access point is to remain in perpetuity as a "public" ingress/egress point to the
trail and is never be gated or locked.
5. Sheets 25/26. At the outfalls, provide verification that there are positive slopes downstream of the
discharge points.
6. Show the locations of all meter boxes (domestic and fire).
7. Sheet 35. At the lift station water service, specify an RPZ backflow preventer instead of a double
check valve.
8. Sheet 35. Delete "megalug" from the valve pit detail.
9. The site plan (sheets 7 & 8) designates parcel "D" as "public pedestrian access". However sidewalks
around the stormwater ponds are included in the private open space. Revise to indicate that all
sidewalks (except those within the private community's recreational area denoted as "parcel "B") are
to remain in perpetuity for public ingress/egress.
CONDITIONS OF DEVELOPMENT AGREEMENT APPROVAL:
10. The two access points to the trail depicted on the plans are to remain in perpetuity as "public"
ingress/egress points and are never be gated or locked.
11. All sidewalks (except those within the private community's recreational area denoted as "parcel "B")
are to remain in perpetuity for public ingress/egress.
12. Internal sidewalks and the overlook seating area are to remain in perpetuity for public use and as such
will be dedicated on the plat, but will be maintained by the Homeowners Association.
13. Lynmar Drive and Fieldstone Street are to be extended to the south through the adjacent property in
compliance with the Transportation Element of the Comprehensive Plan at such time as the adjacent
property develops.
RECOMMENDATION:
Staff recommends that the City Commission approve the Subdivision & Final Engineering Plans and
Development Agreement for Sonesta Pointe subject to the aforementioned conditions of approval.
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December 11, 2006
Regular Agenda Item 305
ATTACHMENTS:
A Schrimsher Development Agreement, Exhibit 'A'
B Sonesta Pointe Development Agreement
C Sonesta Pointe Subdivision & Final Engineering Plans
CITY COMMISSION ACTION:
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ATTACHMENT A
EXHIBIT A
ATTACHMENT B
,200_, by and between LO LAND ASSETS, LP, a Delaware limited p rtner
("OWNER") and the CITY OF WINTER SPRINGS, a municipal corporation existing
the laws of the State of Florida ("CITY").
DEVELOPER'S AGREEMENT
(Sonesta Pointe)
THIS DEVELOPER'S AGREEMENT is made and entered into this
RECITALS
A. WHEREAS, the CITY has completed a comprehensive planning study in
connection with the requirements of Chapter 163, Florida Statutes, resulting in the adoption of
the Winter Springs Town Center Plan ("Town Center Plan"); and
B. WHEREAS, OWNER is the owner of certain real property located within the
boundaries of Winter Springs Town Center on which it intends to develop townhomes and
related amenities, which real property is more particularly described on Exhibit "A" attached
hereto and by reference incorporated herein (the "Townhomes" or "Townhome Property"); and
C. WHEREAS, the Townhome Property is subject to the terms of that certain
Agreement dated June 26, 2000 by and between the CITY and prior owners of the Townhome
Property (the "Original Agreement"); and
D. WHEREAS, the terms of the Original Agreement obligated the CITY to
commence construction of a certain City collector road called Spine Road (further defined
herein) within a certain time period which has expired; and
E. WHEREAS, the CITY desires to modify the terms of the Original Agreement to
allow OWNER to construct Spine Road in exchange for impact fee credits; and
F. WHEREAS, the CITY desires to modify the terms of the Original Agreement to
allow OWNER to construct on-site stormwater drainage, all in accordance to an approved site-
plan attached hereto and by reference incorporated herein as Exhibit "B" ( the "Approved Site
Plan"); and
G. WHEREAS, CITY and OWNER desire to clarify certain other development
obligations with respect to the Townhome Property including, without limitation, the CITY's
agreement to allow certain deviations from the Original Agreement, the Town Center Plan, and
the City Code of the City of Winter Springs ("Code"); and
H. WHEREAS, OWNER and the CITY intend, for the terms of this Agreement, to
memorialize their understanding and agreement regarding their respective interest, expectations,
and intentions regarding the development of the Townhomes within the Winter Springs Town
Center (the "Town Center"), and, specifically; that the terms hereof shall amend, modify, and
1. INCORPORATION OF RECITALS. The foregoing recitals are true and correct
and are fully incorporated herein by reference as a material part of this Agreement.
further define the terms of the Original Agreement as it applies to the Townho. r9Ji:":.
NOW THEREFORE, in consideration of the terms and conditions s;fo
agreement, and other good and valuable consideration, the receipt of which
acknowledged, the CITY and OWNER agree as follows:
2. SPINE ROAD. The proposed location of "Spine Road" is generally depicted in
the site plan attached hereto as Exhibit "B", which is fully incorporated herein by reference (the
"Approved Site Plan"). OWNER hereby agrees to construct "Spine Road," and related water and
sewer utilities, at its expense, in accordance with design standards to be provided by the CITY, in
exchange for an award from the CITY of transportation impact fee credits and/or U.S. funds as
determined by the CITY as provided for in Winter Springs City Code Sections 9-386 through 9-
390 in an amount not to exceed One Million One Hundred Fourteen Thousand Two Hundred
and No/100 Dollars DOLLARS ($1,114,200.00). Said amount is based on a length of 1,857 feet
at a cost of Six Hundred and No/1 00 Dollars ($600.00) per lineal foot for the reasonable costs of
designing, engineering, permitting, surveying, and constructing "Spine Road." The impact fee
credits shall be applied to development of the Townhome Property. The construction costs shall
specifically include a water main within the "Spine Road" right of way to serve the Townhome
Property, sized and located according to CITY requirements. Should the CITY request
additional water mains or an over-sized water main (either of which intended to provide more
capacity than is required for the Townhome Property), the CITY shall reimburse OWNER for the
additional cost differentiated with additional impact fee credits. OWNER shall obtain not less
than three (3) bids for the construction of "Spine Road" from engineers and construction
companies qualified and experienced in roadway construction. The firm chosen by OWNER to
construct "Spine Road" must be mutually acceptable to the CITY. OWNER shall convey "Spine
Road" improvements to the CITY at such time as construction is completed. Expenditures
eligible for transportation impact fee credits and/or U.S. funds must be approved in advance by
the CITY with documentation ofthe expenditure. Prior to the effective date of this Developer's
Agreement, project expenditures eligible for reimbursement shall be based on the actual invoiced
costs that are reasonable and supported by documentation acceptable to the CITY.
3. LIFT STATION. OWNER, at its own expense, will design and construct a lift
station upon the Townhome Property, in the general location as depicted on the Site Plan, sized
with a capacity to serve all planned units of the Townhome Property, in accordance with design
standards to be provided by the CITY. To the extent any utilities are oversized for the property
known as the "Adjacent Property Developments", the CITY agrees to reimburse OWNER for
same. Should the CITY request a larger force main (whether or not the increased force main size
is associated with increasing the size of the lift station), the CITY will reimburse OWNER in
cash for the difference in the cost for the force main between what is needed to serve the
Townhome Property and what is required by the CITY's request.
4. STORMWATER DRAINAGE. OWNER, at its own expense, agrees to construct
2
a stormwater drainage system to serve the Townhome Property, to include t~~ ( . ~:':t, ,t~~
generally depicted on the Modified Site Plan, with the capacity to serve all of the Tow j.. qje ~ J
Property, in accordance with design standards and guidelines of the CITY and in accordance w'T'th 1/
the Master Stormwater Permit from the St. Johns River Water Management District, previously
obtained by the OWNER.
5. SALES TRAILER: MODEL HOME BUILDING. The CITY agrees to allow
OWNER to place both a sales trailer and a model home building on the Townhome Property, to
be used for the customary marketing and sales activities of OWNER or their successors or
assigns, for so long as any unit of the Townhomes has not been sold to an individual purchaser.
The location of the sales trailer and model home building shall be shown on the final engineering
plans for the Townhome Property and such location must be approved by the CITY. The CITY
represents that such marketing and sales activities are not prohibited or otherwise limited under
the Town Center Plan or any other city ordinance, regulation, or rule.
6. CONSTRUCTION ACCESS. Construction access to the Townhome Property
shall be from State Road 434 as shown on the final engineering plans, subject to the agreement
with the CITY and adjacent property owner.
7. REPRESENT A TIONS OF THE CITY. The CITY hereby represents the
following: (a) that the Townhome Property is connected to the CITY sewer and water system and
OWNER shall pay all standard connection fees; (b) that the capacity of said CITY sewer and
water system for the Townhome Property is sufficient for the requirements of a 408 townhome
development; (c) that the OWNER has obtained a Master Stormwater Permit from the St. John's
River Water Management District for the Town Center which applies to the Townhome Property
and that OWNER has no obligation with respect to obtaining said permit; (d) that the CITY has
designated both Spine Road and Tuskawilla Road (that portion between SR 434 and Spine Road)
as a CITY collector road by proper City Comprehensive Plan Amendment; and (e) that Wetlands
Park, as referred to in the Town Center Plan, shall be conveyed to the CITY, as stipulated in the
Original Agreement.
8. REPRESENTATIONS OF OWNER. OWNER represents that it will construct a
public Park known as the "Grande Park" consisting of open grass area, large caliper trees and
gazebo with pedestrian access (the "Park") within a designated Tract of the Preliminary Plat, in
the proposed location as depicted on the Site Plan, in accordance with the design standards of the
CITY and also in accordance with all requirements of the Town Center Plan. The Park will be
dedicated as The Grande Park on the final plat to be recorded for the Townhome Property.
Grande Park shall be maintained in perpetuity as fully accessible to the general public.
Installation and ongoing maintenance of the trees in Grande Park shall be to the CITY'S
satisfaction, and such trees shall be subject to replacement if they diminish in condition.
OWNER shall provide and maintain a one story community building and recreation area as
depicted on the Site Plan.
9. CONVEYANCE OF EASEMENTS. OWNER shall convey to the CITY any
3
easements including trail, conservation, wildlife crossing, drainage and ut"
CITY's final acceptance of the improvements.
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1 O. CONVEYANCE OF STREETS AND ROADS. OWNER shall convey t Ie
CITY all streets and roads, excluding passes/alleys, located on the Townhome Property as
depicted on the Site Plan, along with all related improvements. The conveyance, which shall be
acceptable to the CITY's attorney, shall be by a recorded Plat and free and clear of all liens. The
homeowners association shall be responsible for maintenance of all landscaping, hardscaping and
other decorative features on Loxton Boulevard, the roundabout and Grande Park. In addition, the
homeowners association shall be responsible for the maintenance of all decorative brick pavers in
the public streets of the Townhome Property that do not conform to the City's regulations. The
obligations referenced in this Paragraph 10 shall be referenced in the Declaration of Covenants
and Restrictions to be recorded for the Townhome Property.
11. PARKING SPACES. OWNER shall provide a general parking ratio of 2.73
parking spaces per Townhome unit within the Townhome Property. In addition, non designated
on-street parking will be permitted on the neighborhood lanes known as Arrowhead Road and
Armida Drive.
12. TRASH/REFUSE PICK-UP. No trash dumpster shall be located within the
Townhome Property. Trash and refuse service by individual container pickup shall be provided
by the CITY'S waste hauler for the clubhouse and to each individual Townhome unit from its
rear alley access.
13. DECORATIVE REGULATORY SIGNAGE AND LIGHTING. The mandatory
homeowner's association, to be established, shall be required to pay any cost differential between
maintaining standard street lights and signs and the decorative street lighting and design
requirements of the Town Center Plan. OWNER acknowledges that prior to turning the
homeowner's association over to its members, OWNER will require the homeowner's
association to execute an agreement memorializing this requirement and that said agreement
shall be substantially in conformance with the standard decorative street light and signage form
agreement that was previously approved by the City Commission to be utilized on a citywide
basis.
14. BUS.SHELTER. In compliance with the Transportation Element.Policy 1.6.2,
OWNER will design and construct a bus shelter along "Spine Road"in.a location desirable to the
CITY, prior. to the issuance of the first building permit in construction of Phase 2.'. of the
Townhome Property as depicted on the final engineeringplansapprovedinconiunction with this
Development Agreement. The final design and location of the bus. shelter willbeapprovedbv
the City and Owner follow the style of architecture illustrated on Exhibit "C." CITY.shall
grant to OWNER a temporary construction easement to build the bus shelter on the. Wetland Park
parcel.
15. LANDSCAPE PLANS. Landscaping shall be installed and maintained III
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acc~rdan.ce with the landscape plans approved by the. ~ity commission, as part of~h~t2l:t#l~,4 .;
engmeenng plans for the To.w~ome Property. In addition t~ the standard Arbor Permit ~e, iJ i/
OWNER shall make a contnbutlOn to the CITY'S tree bank m the amount of THIRTY-NINE iii
THOUSAND AND NO/lOO DOLLARS ($39,000.00) to partially offset the loss of tree canopy
value to the CITY caused by the removal of existing trees located on the Townhome Property.
Said contribution shall be used to purchase and install trees and landscape material within the
Town Center. No additional funds for specimen tree removal shall be required at issuance of an
early work permit or site development permit, whichever occurs first.
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16. DEVIATIONS FROM TOWN CENTER PLAN AND CODE. OWNER and
CITY have hereby agreed and the CITY approves the following deviations from the Town Center
Plan and the Code, respectively: (See Exhibit "D" attached hereto and by reference made a part
hereof).
17. EFFECT. CITY and OWNER agree that the terms of this Agreement are intended
to amend, modify, and further define the terms of the Original Agreement as it applies to the
Townhome Property. Except as specifically set forth herein, the Original Agreement shall
remain in full force and effect. OWNER assumes no obligation for any improvements or
construction not specifically located within the Townhome Property. The CITY hereby accepts
and approves the Approved Site Plan as it applies to the Townhome Property.
18. COOPERATION. OWNER and the CITY shall cooperate fully with each other to
effectuate the terms, conditions and intentions of this Agreement.
19. AUTHORITY. Each party hereby represents and warrants to the other that they
have full power and authority to enter into this Agreement. OWNER also represents that all legal
and equitable title to the Townhome Property is currently vested in and held by OWNER and
OWNER is duly authorized to bind the Townhome Property to the terms and conditions
contained in this Agreement. CITY also represents that all requirements and procedures,
including public hearings, have been properly conducted so that the execution hereof by the
CITY shall constitute the final action of the CITY.
20. NOTICES. Any notice required or allowed to be delivered hereunder shall be in
writing and shall be deemed to be delivered when: (a) hand delivered to the official hereinafter
designated, or (b) upon receipt of such notice, when deposited in the United States mail, postage
prepaid, certified or registered mail, return receipt requested, or (c) one day after deposit with a
nationally recognized overnight courier service, e.g. Federal Express, Purolator, Airborne,
Express Mail etc., addressed to a party at the other address as specified below or from time to
time by written notice to the other party delivered in accordance herewith.
OWNER:
LO Land Assets, LP
2020 Main Street, Suite 1150
Irvine, California 92614
ATTN: Susan D. Vavak
5
With a copy to:
City:
With a copy to:
Phone: (949)724-1515
Fax: (949)724-1919
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Cox, Castle & Nicholson LLP
2049 Century Park East, Suite 2800
Los Angeles, California 90067
ATTN: David S. Rosenberg
Phone: (310)284-2251
Fax: (310)277-7889
Ronald W. McLemore
City Manager
City of Winter Springs
1126 East State Road 434
Winter Springs, Florida 32708
Telephone: 407/327/5957
Fax: 407/327/4753
Anthony A. Garganese
Brown, Salzman, Weiss & Garganese, P.A.
225 East Robinson Street, Suite 660
Orlando, Florida 32802-2873
Phone: (407)425-9566
Fax: (407)425-9596
21. DEFAULTS. Failure by either party to perform each and every one of its
obligations hereunder shall constitute a default, entitling the nondefaulting party to pursue
whatever remedies are available to it under Florida law or equity including, without limitation, an
action for specific performance and/or injunctive relief. Prior to any party filing any action as a
result of a default under this Agreement, the nondefaulting party shall first provide the defaulting
party with written notice of said default. Upon receipt of said notice, the defaulting party shall be
provided a thirty (30) day opportunity in which to cure the default to the reasonable satisfaction
of the nondefaulting party prior to filing said action. The prevailing party in any litigation arising
under this Agreement shall be entitled to recover its reasonable attorney's fees and costs, whether
incurred at trial or appeal.
22. 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.
23. APPLICABLE LAW. This Agreement shall be governed by and construed in
accordance with the laws of the State of Florida.
24. POLICE POWER. 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.
6
26. ENTIRE AGREEMENT. This Agreement supersedes any other agreement, oral
or written, and contains the entire agreement between the CITY and OWNER as to the subject
matter hereof.
27. 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.
28. EFFECTIVE DATE. This Agreement shall become effective upon approval by
the City Commission of Winter Springs and execution of this Agreement by both parties.
29. RECORDATION. Within sixty (60) days following the effective date hereof, a
short form memorandum of this Agreement signed by both the CITY and OWNER shall be
recorded in the public records of Seminole County, Florida and shall run with the Townhome
Property. The memorandum shall include the legal description of the real property described in
Exhibit A (the "Townhome Property") and shall otherwise be in a form mutually acceptable to
the CITY and OWNER.
30. RELATIONSHIP OF THE PARTIES. The relationship of the parties to this
Agreement is contractual and OWNER 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.
31. 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.
32. FORCE MAJEURE. The parties agree that in the event that the failure by either
party to accomplish any action required hereunder within a specified time period ("Time Period")
constitutes a default under the terms of this Agreement and, if any such failure is due to any
unforeseeable or unpredictable event or condition beyond the control of such party, including, but
not limited to, acts of God, acts of government authority (other than the CITY's own acts), acts
of public enemy or war, riots, civil disturbances, power failure, shortages of labor or materials,
injunction or other court proceedings beyond the control of such party, or severe adverse weather
conditions ("Uncontrollable Event"), then, notwithstanding any provision of this Agreement to
the contrary, that failure shall not constitute a default under this Agreement and any Time Period
proscribed hereunder shall be extended by the amount of time that such party was unable to
perform solely due to the Uncontrollable Event.
7
33. INTERPRETATION. The parties hereby agree and ac~o~l,~dg~~tJt t~1h'W~t"',
b?th participated .equally. in the dr~fting o~ this Agreem~nt and no p<i~ siall ~~v9tedr'?r""4~~1,\'?~
dIsf~vored regardmg the mterpretatiOn of thIS Agreement m the event of a dISPui~t~?e, tool. ("
partIes. fg 1/ ?
34. PERMITS. The failure of this Agreement to address any particular City, county,
state, and federal permit, condition, term, or restriction shall not relieve OWNER or the CITY of
the necessity of complying with the law governing said permitting requirements, conditions,
term, or restriction.
35. 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.
36. COUNTERP ARTS. This Agreement may be executed in any number of
counterparts, each of which when so executed and delivered shall be considered an original
agreement; but such counterparts shall together constitute but one and the same instrument.
IN WITNESS WHEREOF, OWNER and the CITY have executed this Agreement in
form sufficient to bind them as of the day and year first above written.
Signed and sealed in the
presence of:
CITY OF WINTER SPRINGS, a Florida municipal
corporation
By:
Print Name:
Title:
Print Name:
Print Name:
OWNER:
LO LAND ASSETS, LP, a Delaware limited
partnership
By:
LE LAND ASSETS, LLC, a Delaware
limited liability company
Print Name:
By:
Susan D. Vavak, Vice-President
Print Name:
8
F:\USERS\2\AGREE\Engle-Schrirnsher Development Agreement v8 (clean).wpd
Exhibit "A"
Legal Description
Exhibit "B"
Site Plan of Spine Road
11
Exhibit "C"
Final DeSign and location to be approved by City and Owner, to coincide with permit ne4pnd ,,Ii
construction schedule. ',.
12
Exhibit "D"
Deviations from City Code (Code Sections are referenced)
1. "Lake Trail Park" has been relocated and replaced with "Grande Park." Two access
points are provided to the trail rather than the "Lake Trail Park" access. Full public
access from the trail to Sonesta Pointe shall be maintained in perpetuity.
2. "Neighborhood Square 2" and "Neighborhood Square 3" are replaced with the "Open
Space A" and "Open Space B" which include the stormwater retention lakes as well as a
lake perimeter trail and overlook seating area.
3. A separation of greater than 10 feet between face of building and back of walk shall be
allowed due to curvilinear roadway frontages, building facade recesses and additional
setback area to accommodate parking at the community building. Separations greater
than those enumerated in Section 20-325 of the City's Code of Ordinances and
categorized by street type shall be allowed, as shown on the final engineering plans. (Sec.
20 - 325.09 through 20 - 325.14 of the City's Code of Ordinances)
4. Brick paver systems within public/private roadways shall be utilized at crosswalks and at
the entranceway traffic circle and shall be the maintenance responsibility of the
homeowners association. (Sec. 9 - 202.2 ofthe City's Code of Ordinances)
5. Balconies shall have a length greater than 25% of the individual unit frontages in lieu of
25% of the building front. (Sec. 20 - 326b of the City's Code of Ordinances)
6. The City will not require the entire Schrimsher Property to be platted. Developer will file
a plat application for the Townhome Property, Wetland Park and 5 foot buffer strip
adjacent to the St. John's Landing subdivision. (Sec. 9 - 2, Sec. 9 - 75a - 3 of the City's
Code of Ordinances)
7. The existing boundary, topographic and tree survey dated August 13,2003, prepared by
ASM Surveying, will be accepted by the City. (Sec. 5-6 (a-I) and Sec. 20-321 (b-3) of the
City's Code of Ordinances)
8. Porches shall be permitted to have a greater length than 25% of the individual unit
frontages. (Sec. 20 - 326.d of the City's Code of Ordinances)
9. All roadways shall be designed and constructed pursuant to the Town Center District
Code, except for the following streets which vary from the standard street types included
13
in the Code. These include the Entry Boulevard and the roundabout illustratet{at t~,f/,,{;:' /,;
Arrowwood Road/Fieldstone Street and Road "P" (Exhibit "E"). The following ~t~ts";" ".
are Neighborhood Streets, with a 48' right of way: FallenleafLane, Lynmar Drive and K.i ii'
Calaveres Street. The following street is an Edge Drive, with a 48' right of way: "Spine
Road." The following streets are Neighborhood Lanes, with a 50' right of way ("A"
Section): Trinitas Street, Icaria Avenue, St. Francis Drive and Fieldstone Street. The
following street is a Neighborhood Lane, with a 66' right of way ("B" Section): Hawley
Lane. The revised road configuration is illustrated in Exhibit"F." "Spine Road" is the
only collector road. Roads C, H, & L, shall be designated as a "modified neighborhood
street hybrid" allowing for parking adjacent to the pond areas. (Sec. 20 - 325.12 of the
City's Code of Ordinances)
10. The CITY accepts the deviations to landscape material listed in the recommended shrub
pallet and recommended tree pallet referenced in Sec. 20-468, which have been included
in the approved landscape plans.
11. The main road entrance, known as Loxton Boulevard, shall be designated a "modified
urban boulevard." The median shall be 24 ft. wide. The ingress and egress drive lanes
shall be 12 ft. wide for emergency traffic use in lieu of 10 feet wide as defined in Section
20-325 (c-9) of the City's Code of Ordinances. The grass strips on either side of the road
shall be permitted to exceed the 6 ft. width of the standard urban boulevard requirements
to off-set pedestrian movements from the traffic circle and to open a vista toward the
Grande Park area. The right-of-way for this road will be extended in width to encompass
the sidewalks on either side of said roadway. (Sec. 20 - 325.9 of the City's Code of
Ordinances)
12. Calaveres Street shall be developed as a partial neighborhood street, with no parking or
sidewalk on the east side of the roadway, to allow for the expansion to a full
neighborhood street section if the Adjacent Property Development develops in a similar
fashion to utilize the frontage of this public road. It is the CITY's intent that the sidewalk
and parallel parking on the east side of Calaveres Street will be constructed concurrently
with the Adjacent Property Development. The sidewalk on the east side ofCalaveres
Street will be constructed concurrently with the Adjacent Property Development. (Sec.
20 - 325.12 of the City's Code of Ordinances)
12. The City will allow a permanent project identification sign at the main entrance at
"SpineRoad" and Loxton Boulevard which shall consist of an 8'x8'x 16' bell tower. The
project identification sign at the main entrance shall be subject to a discretionary aesthetic
appropriateness review by the Development Review Committee of the City of Winter
Springs for consistency and harmony with the Winter Springs Town Center. (Sec. 20-
327 fofthe City's Code of Ordinances)
14
Exhibit "E"
(Illustration of Entry Boulevard and Round About)
15
Exhibit "F"
(Revised Road Configuration)
16
I
SONESTA POINTE
AT TOWN CENTER
FINAL SUBDIVISION CONSTRUCTION PLANS
FOR TOUSA HOMES INC
FRONT PAGE
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FINAL SUBDIVISION PLANS
GENERAL NOTES
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Date: December 11, 2006
The attached was distributed during Regular
Agenda Item "305" at the December 11, 2006
City Commission Regular Meeting.
.'
DEVELOPER'S AGREEMENT
(Sonesta Pointe)
TIDS DEVELOPER'S AGREEMENT is made and entered into this day of
, 2006, by and between LO LAND ASSETS, LP, a Delaware limited partnership
("OWNER") and the CITY OF WINTER SPRINGS, a municipal corporation existing under
the laws of the State of Florida ("CITY").
RECITALS
A. WHEREAS, the CITY has completed a comprehensive planning study in
connection with the requirements of Chapter 163, Florida Statutes, resulting in the adoption of
the Winter Springs Town Center Plan ("Town Center Plan"); and
B. WHEREAS, OWNER is the owner of certain real property located within the
boundaries of Winter Springs Town Center on which it intends to develop townhomes and
related amenities, which real property is more particularly described on Exhibit "A" attached
hereto and by reference incorporated herein (the "Townhomes" or "Townhome Property"); and
C. WHEREAS, the Townhome Property is subject to the terms of that certain
Agreement dated June 26, 2000 by and between the CITY and prior owners of the Townhome
Property (the "Original Agreement"); and
D. WHEREAS, the terms of the Original Agreement obligated the CITY to
commence construction of a certain City collector road called Spine Road (further defined
herein) within a certain time period which has expired; and
E. WHEREAS, the CITY desires to modify the terms of the Original Agreement to
allow OWNER to construct Spine Road in exchange for impact fee credits; and
F. WHEREAS, the CITY desires to modify the terms of the Original Agreement to
allow OWNER to construct on-site stormwater drainage, all in accordance to an approved site-
plan attached hereto and by reference incorporated herein as Exhibit "B" ( the "Approved Site
Plan"); and
G. WHEREAS, CITY and OWNER desire to clarify certain other development
obligations with respect to the Townhome Property including, without limitation, the CITY's
agreement to allow certain deviations from the Original Agreement, the Town Center Plan, and
the City Code of the City of Winter Springs ("Code"); and
H. WHEREAS, OWNER and the CITY intend, for the terms of this Agreement, to
memorialize their understanding and agreement regarding their respective interest, expectations,
and intentions regarding the development of the Townhomes within the Winter Springs Town
Center (the "Town Center"), and, specifically, that the terms hereof shall amend, modify, and
further define the terms of the Original Agreement as it applies to the Townhome Property.
NOW THEREFORE, in consideration of the terms and conditions set forth in this
agreement, and other good and valuable consideration, the receipt of which is hereby
acknowledged, the CITY and OWNER agree as follows:
1. INCORPORATION OF RECITALS. The foregoing recitals are true and correct
and are fully incorporated herein by reference as a material part of this Agreement.
2. SPINE ROAD. The proposed location of "Spine Road" is generally depicted in
the site plan attached hereto as Exhibit "B", which is fully incorporated herein by reference (the
"Approved Site Plan"). OWNER hereby agrees to construct "Spine Road," and related water and
sewer utilities, at its expense, in accordance with design standards to be provided by the CITY, in
exchange for an award from the CITY of transportation impact fee credits and/or U.S. funds as
determined by the CITY as provided for in Winter Springs City Code Sections 9-386 in an
amount not to exceed One Million One Hundred Fourteen Thousand Two Hundred and No/lOO
Dollars DOLLARS ($1,114,200.00). Said amount is based on a length of 1,857 feet at a cost of
Six Hundred and Noll 00 Dollars ($600.00) per lineal foot for the reasonable costs of designing,
engineering, permitting, surveying, and constructing "Spine Road." The impact fee credits shall
be applied to development of the Townhome Property. The construction costs shall specifically
include a water main within the "Spine Road" right of way to serve the Townhome Property,
sized and located according to CITY requirements. Should the CITY request additional water
mains or an over-sized water main (either of which are intended to provide more capacity than is
required for the Townhome Property), the CITY shall reimburse OWNER for the additional cost
differentiated with additional impact fee credits. OWNER shall obtain not less than three (3)
bids for the construction of "Spine Road" from engineers and construction companies qualified
and experienced in roadway construction. The bidding documents shall be submitted to the City
for review and approval. Iri addition, each bid shall be submitted to the CITY for review and
approval prior to OWNER entering into any contract for the design, permitting and construction
of the infrastructure. OWNER shall be required to accept the lowest and most qualified bidder
unless otherwise approved by the CITY. OWNER further agrees that at the time reimbursement
for any infrastructure costs is requested, OWNER shall provide the CITY with a copy of all
applicable invoices, receipts, warranties, maintenance bonds, and documentation, including all
change orders, which shall clearly evidence each reimbursable expenditure. The CITY shall not
be responsible for reimbursing any infrastructure cost which can not be properly and reasonably
documented in writing. The project expenditures eligible for reimbursement shall consist of the
design, permitting, and construction of the associated with the construction of Spine Road.
OWNER shall convey "Spine Road" improvements to the CITY at such time as construction is
completed unless otherwise required by the CITY. Expenditures eligible for transportation
impact fee credits and/or U.S. funds must be approved in advance by the CITY. Prior to the
effective date of this Developer's Agreement, project expenditures eligible for reimbursement
shall be based on the reasonableness of actual invoiced costs and supported by documentation
acceptable to the CITY.
3. LIFT STATION. OWNER, at its own expense, will design and construct a lift
2
station upon the Townhome Property, in the general location as depicted on the Site Plan, sized
with a capacity to serve all planned units of the Townhome Property, in accordance with design
standards to be provided by the CITY. To the extent any utilities are oversized for the property
known as the "Adjacent Property Developments", the CITY agrees to reimburse OWNER for
same. Should the CITY request a larger force main (whether or not the increased force main size
is associated with increasing the size of the lift station), the CITY will reimburse OWNER in
U.S. funds for the difference in the cost for the force main between what is needed to serve the
Townhome Property and what is required by the CITY's request.
4. STORMWATER DRAINAGE. OWNER, at its own expense, agrees to construct
a stormwater drainage system to serve the Townhome Property, to include two (2) ponds as
generally depicted on the Modified Site Plan, with the capacity to serve all of the Townhome
Property, in accordance with design standards and guidelines of the CITY and in accordance with
the Master Stormwater Permit from the St. Johns River Water Management District, previously
obtained by the OWNER.
5. SALES TRAILER: MODEL HOME BUILDING. The CITY agrees to allow
OWNER to place both a sales trailer and a model home building on the Townhome Property, to
be used for the customary marketing and sales activities of OWNER or their successors or
assigns, for so long as any unit of the Townhomes has not been sold to an individual purchaser.
The location of the sales trailer and model home building shall be shown on the final engineering
plans for the Townhome Property and such location must be approved by the CITY. The CITY
agrees to permit OWNER to construct model townhouse units under the following conditions:
(a) The model townhome units shall be contained in a maximum of two
buildings (the "Model Building") and shall not exceed ten (10) individual units.
(b) The model townhome units shall remain under OWNERS' ownership
and control until such time as the final plat is recorded by the CITY and a final
certificate of occupancy for each unit is issued under the conditions set forth
below. In other words, OWNER shall not contract for sale, sell, or lease any of
the individual model townhome units until such time as the CITY approves and
records the final plat for the Project and issues a final certificate of occupancy for
each unit.
(c) The model townhome units shall be constructed in a location
reasonably acceptable to the CITY. Vertical construction shall not commence
until stabilized access and fire protection is available.
(d) Prior to the model townhome construction, the model townhome units
shall be duly permitted by the CITY in accordance with all City Codes. As part of
the building permit application, OWNER shall submit, along with all construction
plans for the townhouse units, a duly certified boundary survey which shall depict
the location and legal description of the model townhome site and each individual
model townhome lot if OWNER desires to construct the townhouse units prior to
3
recording the final plat. OWNER acknowledges and agrees that this legal
description is intended to coincide with the eventual location of the townhome
lots as depicted and legally described on the final plat. OWNER assumes full and
complete responsibility and liability in the event that said legal descriptions do not
conform to the lot lines required by the CITY in final plat. Alternatively, the legal
description of property where the model townhomes will be constructed shall be
the applicable lot or lots depicted on the final plat.
(e) At such time the CITY Building Official completes and approves a
final inspection of the model townhome units, the CITY will issue a temporary
certificate of occupancy. Said temporary certificate of occupancy shall be issued
for the Model Building as a whole, not by individual units. Occupancy of the
townhome units shall be limited to the sale and marketing efforts for the Project.
In addition, OWNER shall have the right to utilize one garage in the Model
Building as a temporary sales office.
(f) At the request of OWNER or at such time the project development
is completed, whichever occurs sooner, OWNER shall file a re-conversion permit
application requesting that the model townhouse units be converted into
permanent residential units and the CITY shall issue individual certificates of
occupancy for each model townhouse unit; provided, however, the final plat is
approved and recorded by the CITY and the CITY Building Official determines
that the units are suitable for permanent residential occupancy and in compliance
with the City Codes.
6. CONSTRUCTION ACCESS. Construction access to the Townhome Property
shall be from State Road 434 as shown on the final engineering plans, subject to the agreement
with the CITY and adjacent property owner. In the event the CITY can not reach such an
agreement or such an agreement expires, OWNER and CITY shall promptly meet for purposes of
arranging construction access that is acceptable to the CITY.
7. REPRESENTATIONS OF THE CITY. The CITY hereby represents the
following: (a) that the TOwnhome Property will be connected to the CITY sewer and water
system and OWNER shall pay all standard connection fees; (b) that the capacity of said CITY
sewer and water system for the Townhome Property is sufficient for the requirements of a 408
townhome development; (c) that the OWNER has obtained a Master Stormwater Permit from
the St. John's River Water Management District for the Town Center which applies to the
Townhome Property and that OWNER has no obligation with respect to obtaining said permit;
and (d) that the CITY has designated both Spine Road and Tuskawilla Road (that portion
between SR 434 and Spine Road) as a CITY collector road by proper City Comprehensive Plan
Amendment.
8. REPRESENTATIONS OF OWNER. OWNER represents that it will construct a
public Park known as the "Grande Park" consisting of open grass area, large caliper trees and
gazebo with pedestrian access (the "Park") within a designated Tract of the Preliminary Plat, in
4
the proposed location as depicted on the Approved Site Plan, in accordance with the design
standards of the CITY and also in accordance with all requirements of the Town Center Plan.
The Park will be dedicated by OWNER as The Grande Park on the final plat to be recorded for
the Townhome Property. Grande Park shall be maintained in perpetuity by the homeowner's
association as fully accessible to the general public. Installation and ongoing maintenance of the
trees in Grande Park shall be to the CITY'S satisfaction, and such trees shall be subject to
replacement by Owner (or the home owner's association at such time as Grande Park is conveyed
to the home owner's associations) if the City's Arborist determines, after reasonable inspection,
that any such tree has become severely diseased or damaged to the point that the viability of such
tree has been significantly compromised. OWNER shall provide and maintain a one story
community building and recreation area as depicted on the Site Plan.
9. CONVEYANCE OF EASEMENTS/PUBLIC ACCESS. OWNER shall convey to
the CITY any easements including trail, conservation, wildlife crossing, drainage and utility
easements prior to CITY's final acceptance of the any public improvements required to be
conveyed to the CITY hereunder. Public access easements shall be provided to the City, and
maintained in perpetuity by the home owners association, for the sidewalks and overlook seating
areas around open space A & B. Further, full public access easements (never to be gated or
locked without the City's consent) shall be provided to the City to and from the Cross Seminole
Trail at the northeast side adjacent to St. John's Landing and on the southeast side next to the lift
station.
10. STREETS AND ROADS. OWNER shall convey to the CITY all streets and
roads, excluding passes/alleys, located on the Townhome Property as depicted on the Site Plan,
along with all related improvements. The conveyance, which shall be required to be acceptable
to the CITY's attorney, shall be by a recorded Plat and free and clear of all liens, taxes and
encumbrances, or lenders shall be required to execute a jonder on the Plat agreeing to all the
provisions contained on the Plat. The homeowners association shall be responsible for the
perpetual maintenance of all landscaping, hardscaping and other decorative features on Loxton
Boulevard, the roundabout and Grande Park in good and safe condition. In addition, the
homeowner's association shall be responsible for the perpetual maintenance of all decorative
brick pavers in the public streets of the Townhome Property that do not conform to the City's
regulations in good and safe condition. The obligations referenced in this Paragraph 10 shall also
be referenced in the Declaration of Covenants and Restrictions to be recorded for the Townhome
Property. Further, OWNER acknowledges and agrees that Field Stone Street and Lynmar Drive,
as depicted on the Approved Site Plan, shall be extended into the adjacent property by the
adjacent property owner at such time the adjacent property is developed. Moreover, the street
names listed on the Approved Site Plan shall be subject to change by the CITY at such time
formal addressing is requested through Seminole County.
11. PARKING SPACES. OWNER shall provide a general parking ratio of 2.73
parking spaces per Townhome unit within the Townhome Property. In addition, non designated
on-street parking shall be required on the neighborhood lanes known as Arrowhead Road and
Armida Drive, unless otherwise directed by the City in writing.
S
12. TRASH/REFUSE PICK-UP. No trash dumpster shall be located within the
Townhome Property. Trash and refuse service by individual container pickup shall be provided
by the CITY'S waste hauler for the clubhouse and to each individual Townhome unit from its
rear alley access.
13. DECORATIVE REGULATORY SIGNAGE AND LIGHTING. The mandatory
homeowner's association, to be established, shall be required to pay any cost differential between
maintaining standard street lights and signs and the decorative street lighting and design
requirements of the Town Center Plan. OWNER acknowledges that prior to turning the
homeowner's association over to its members, OWNER will require the homeowner's
association to execute an agreement memorializing this requirement and that said agreement
shall be substantially in conformance with the standard decorative street light and signage form
agreement that was previously approved by the City Commission to be utilized on a citywide
basis.
14. BUS SHELTER. In compliance with the Transportation Element Policy 1.6.2,
OWNER will design and construct a bus shelter along "Spine Road" in a location desirable to the
CITY, prior to construction of Phase 2 of the Townhome Property. The final design and location
of the bus shelter will be approved by the City and Owner. CITY shall grant to OWNER a
temporary construction easement to build the bus shelter on the Wetland Park parcel.
15. LANDSCAPE PLANS. Landscaping shall be installed and maintained in
accordance with the landscape plans approved by the city commission, as part of the final
engineering plans for the Townhome Property. In addition to the standard Arbor Permit Fee,
OWNER shall make a contribution to the CITY'S tree bank in the amount of THIRTY-NINE
THOUSAND AND NOI100 DOLLARS ($39,000.00) to partially offset the loss of tree canopy
value to the CITY caused by the removal of existing trees located on the Townhome Property.
Said contribution shall be used to purchase and install trees and landscape material within the
Town Center. No additional funds for specimen tree removal shall be required at issuance of an
early work permit or site development permit, whichever occurs first.
16. DEVIATIONS FROM TOWN CENTER PLAN AND CODE. OWNER and
CITY have hereby agreed and the CITY approves the following deviations from the Town Center
Plan and the Code, respectively: (See Exhibit "D" attached hereto and by reference made a part
hereof).
17. WETLANDS PARK. OWNER shall be required to coordinate with the party of
the Original Agreement (Schrimsher Land Fund 1986 -II, Ltd., et al) the proper platting of
Wetlands Park in conjunction with platting the Project approved hereunder. As part of the plat,
Wetlands Park shall be dedicated to the City as required under the Original Agreement. This
paragraph is subject to the cooperation of the party to the original Agreement.
18. EFFECT. CITY and OWNER agree that the terms of this Agreement are intended
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to amend, modify, and further define the terms of the Original Agreement as it applies to the
Townhome Property. Except as specifically set forth herein, the Original Agreement shall
remain in full force and effect. OWNER assumes no obligation for any improvements or
construction not specifically located within the Townhome Property. The CITY hereby accepts
and approves the Approved Site Plan as it applies to the Townhome Property.
19. COOPERATION. OWNER and the CITY shall cooperate fully with each other to
effectuate the terms, conditions and intentions of this Agreement.
20. AUTHORITY. Each party hereby represents and warrants to the other that they
have full power and authority to enter into this Agreement. OWNER also represents that all legal
and equitable title to the Townhome Property is currently vested in and held by OWNER and
OWNER is duly authorized to bind the Townhome Property to the terms and conditions
contained in this Agreement. CITY also represents that all requirements and procedures,
including public hearings, have been properly conducted related to the approval of this
Agreement so that the execution hereof by the CITY shall constitute the final action of the CITY.
21. NOTICES. Any notice required or allowed to be delivered hereunder shall be in
writing and shall be deemed to be delivered when: (a) hand delivered to the official hereinafter
designated, or (b) upon receipt of such notice, when deposited in the United States mail, postage
prepaid, certified or registered mail, return receipt requested, or (c) one day after deposit with a
nationally recognized overnight courier service, e.g. Federal Express, Purolator, Airborne,
Express Mail etc., addressed to a party at the other address as specified below or from time to
time by written notice to the other party delivered in accordance herewith.
OWNER:
With a copy to:
City:
LO Land Assets, LP
2020 Main Street, Suite 1150
Irvine, California 92614
ATTN: Susan D. Vavak
Phone: (949)724-1515
Fax: (949)724-1919
Cox, Castle & Nicholson LLP
2049 Century Park East, Suite 2800
Los Angeles, California 90067
ATTN: David S. Rosenberg
Phone: (310)284-2251
Fax: (310)277-7889
Ronald W. McLemore
City Manager
City of Winter Springs
1126 East State Road 434
Winter Springs, Florida 32708
Telephone: 407/327/5957
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Fax: 407/327/4753
With a copy to:
Anthony A. Garganese
City Attorney
Brown, Garganese, Weiss & D'Agresta, P.A.
225 East Robinson Street, Suite 660
Orlando, Florida 32802-2873
Phone: (407)425-9566
Fax: (407)425-9596
22. DEF AUL TS. Failure by either party to perform each and every one of its
obligations hereunder shall constitute a default, entitling the nondefaulting party to pursue
whatever remedies are available to it under Florida law or equity including, without limitation, an
action for specific performance and/or injunctive relief. Prior to any party filing any action as a
result of a default under this Agreement, the nondefaulting party shall first provide the defaulting
party with written notice of said default. Upon receipt of said notice, the defaulting party shall be
provided a thirty (30) day opportunity in which to cure the default to the reasonable satisfaction
of the nondefaulting party prior to filing said action. The prevailing party in any litigation arising
under this Agreement shall be entitled to recover its reasonable attorney's fees and costs, whether
incurred at trial or appeal.
23. 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.
24. APPLICABLE LA W. This Agreement shall be governed by and construed in
accordance with the laws of the State of Florida.
25. POLICE POWER. 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.
26. AMENDMENTS. This Agreement shall not be modified or amended except by
written agreement duly executed by both parties hereto.
27. ENTIRE AGREEMENT. Subject to paragraph 17 regarding the Original
Agreement, this Agreement supersedes any other agreement related to the subject matter hereof,
oral or written, and contains the entire agreement between the CITY and OWNER as to the
subject matter hereof.
28. 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.
29. EFFECTIVE DATE. This Agreement shall become effective upon approval by
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the City Commission of Winter Springs and execution of this Agreement by both parties.
30. RECORDATION. Within sixty (60) days following the effective date hereof, a
short form memorandum of this Agreement signed by both the CITY and OWNER shall be
recorded in the public records of Seminole County, Florida and shall run with the Townhome
Property. The memorandum shall include the legal description of the real property described in
Exhibit A (the "Townhome Property") and shall otherwise be in a form mutually acceptable to
the CITY and OWNER.
31. RELATIONSHIP OF THE PARTIES. The relationship of the parties to this
Agreement is contractual and OWNER 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.
32. SOVEREIGN IMMUNITY. Notwithstanding any other provision set forth in this
Agreement, nothing contained in this Agreement shall be construed as a waiver of the CITY's
right to. sovereign immunity under Section 768.28, or other limitations imposed on the CITY's
potential liability under state or federal law. As such, the CITY shall not be liable, under this
Agreement for punitive damages or interest for the period before judgment. Further, the CITY
shall not be liable for any claim or judgment, or portion thereof, to anyone person for more than
one hundred thousand dollars ($100,000.00), or any claim or judgment, or portion thereof, which,
when totaled with all other claims or judgments paid by the State or its agencies and subdivisions
arising out of the same incident or occurrence, exceeds the sum of two hundred thousand dollars
($200,000.00).
33. FORCE MAJEURE. The parties agree that in the event that the failure by either
party to accomplish any action required hereunder within a specified time period ("Time Period")
constitutes a default under the terms of this Agreement and, if any such failure is due to any
unforeseeable or unpredictable event or condition beyond the control of such party, including, but
not limited to, acts of God, acts of government authority (other than the CITY's own acts), acts
of public enemy or war, riots, civil disturbances, power failure, shortages of labor or materials,
injunction or other court proceedings beyond the control of such party, or severe adverse weather
conditions ("Uncontrollable Event"), then, notwithstanding any provision of this Agreement to
the contrary, that failure shall not constitute a default under this Agreement and any Time Period
proscribed hereunder shall be extended by the amount of time that such party was unable to
perform solely due to the Uncontrollable Event.
34. 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 of this Agreement in the event of a dispute between the
parties.
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35. PERMITS. Nothing herein shall limit the CITY's authority to grant or deny any
development permit applications or requests subsequent to the effective date of this Agreement.
The failure of this Agreement to address any particular CITY, County, State and/or Federal
permit, condition, term or restriction shall not relieve OWNER or the CITY of the necessity of
complying with the law governing said permitting requirement, condition, term or restriction.
Without imposing any limitation on the CITY's police powers, the CITY reserves the right to
withhold, suspend, or terminate any and all certificates of occupancy for any building or unit if
OWNER is in breach of any term and condition of this Agreement.
36. 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.
37. COUNTERPARTS. This Agreement may be executed in any number of
counterparts, each of which when so executed and delivered shall be considered an original
agreement; but such counterparts shall together constitute but one and the same instrument.
IN WITNESS WHEREOF, OWNER and the CITY have executed this Agreement in
form sufficient to bind them as of the day and year first above written.
Signed and sealed in the
presence of:
CITY OF WINTER SPRINGS, a Florida municipal
corporation
By:
Print Name:
Title:
Print Name:
Print Name:
OWNER:
LO LAND ASSETS, LP, a Delaware limited
partnership
By: LE LAND ASSETS, LLC, a Delaware
limited liability company
Print Name: By:
Susan D. Vavak, Vice-President
Print Name:
F:\USERS\2\AGREE\EngIo-Schrimsher Development Agreement vB (clean).wpd
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Exhibit "A"
Legal Description
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Exhibit "B"
Site Plan of Spine Road
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Exhibit "C"
(Design of Bus Shelter)
Final Design and location to be approved by City and Owner, to coincide with permit needs and
construction schedule.
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Exhibit "D"
Deviations from City Code (Code Sections are referenced)
1. "Lake Trail Park" has been relocated and replaced with "Grande Park." Two access
points are provided to the trail rather than the "Lake Trail Park" access. Full public
access from the trail to Sonesta Pointe shall be maintained in perpetuity.
2. "Neighborhood Square 2" and "Neighborhood Square 3" are replaced with the "Open
Space A" and "Open Space B" which include the stormwater retention lakes as well as a
lake perimeter trail and overlook seating area.
3. A separation of greater than 10 feet between face of building and back of walk shall be
allowed due to curvilinear roadway frontages, building facade recesses and additional
setback area to accommodate parking at the community building. Separations greater
than those enumerated in Section 20-325 of the City's Code of Ordinances and
categorized by street type shall be allowed, as shown on the final engineering plans. (Sec.
20 - 325.09 through 20 - 325.14 of the City's Code of Ordinances)
4. Brick paver systems within public/private roadways shall be utilized at crosswalks and at
the entranceway traffic circle and shall be the maintenance responsibility of the
homeowners association. (Sec. 9 - 202.2 of the City's Code of Ordinances)
5. Balconies shall have a length greater than 25% of the individual unit frontages in lieu of
25% of the building front. (Sec. 20 - 326b of the City's Code of Ordinances)
6. The City will not require the entire Schrimsher Property to be platted. Developer will file
a plat application for the Townhome Property, Wetland Park and 5 foot buffer strip
adjacent to the St. John's Landing subdivision. (Sec. 9 - 2, Sec. 9 - 75a - 3 of the City's
Code of Ordinances)
7. The existing boundary, topographic and tree survey dated August 13, 2003, prepared by
ASM Surveying, will be accepted by the City. (Sec. 5-6 (a-I) and Sec. 20-321 (b-3) of the
City's Code of Ordinances)
8. Porches shall be permitted to have a greater length than 25% of the individual unit
frontages. (Sec. 20 - 326.d of the City's Code of Ordinances)
9. All roadways shall be designed and constructed pursuant to the Town Center District
Code, except for the following streets which vary from the standard street types included
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in the Code. These include the Entry Boulevard and the roundabout illustrated at
Arrowwood Road/Fieldstone Street and Road "P" (Exhibit "E"). The following streets
are Neighborhood Streets, with a 48' right of way: Fallenleaf Lane, Lynmar Drive and
Calaveres Street. The following street is an Edge Drive, with a 48' right of way: "Spine
Road." The following streets are Neighborhood Lanes, with a 50' right of way ("A"
Section): Trinitas Street, Icaria Avenue, St. Francis Drive and Fieldstone Street. The
following street is a Neighborhood Lane, with a 66' right of way ("B" Section): Hawley
Lane. The revised road configuration is illustrated in Exhibit"F." "Spine Road" is the
only collector road. Roads C, H, & L, shall be designated as a "modified neighborhood
street hybrid" allowing for parking adjacent to the pond areas. (Sec. 20 - 325.12 of the
City's Code of Ordinances)
10. The CITY accepts the deviations to landscape material listed in the recommended shrub
pallet and recommended tree pallet referenced in Sec. 20-468, which have been included
in the approved landscape plans.
11. The main road entrance, known as Loxton Boulevard, shall be designated a "modified
urban boulevard." The median shall be 24 ft. wide. The ingress and egress drive lanes
shall be 12 ft. wide for emergency traffic use in lieu of 10 feet wide as defined in Section
20-325 (c-9) of the City's Code of Ordinances. The grass strips on either side of the road
shall be permitted to exceed the 6 ft. width of the standard urban boulevard requirements
to off-set pedestrian movements from the traffic circle and to open a vista toward the
Grande Park area. The right-of-way for this road will be extended in width to encompass
the sidewalks on either side of said roadway. (Sec. 20 - 325.9 of the City's Code of
Ordinances)
12. Calaveres Street shall be developed as a partial neighborhood street, with no parking or
sidewalk on the east side of the roadway, to allow for the expansion to a full
neighborhood street section if the Adjacent Property Development develops in a similar
fashion to utilize the frontage of this public road. It is the CITY's intent that the sidewalk
and parallel parking on the east side of Calaveres Street will be constructed concurrently
with the Adjacent Property Development. The sidewalk on the east side of Calaveres
Street will be constructed concurrently with the Adjacent Property Development. (Sec.
20 - 325.12 ofthe City's Code of Ordinances)
13. The City will allow a permanent project identification sign at the main entrance at
"SpineRoad" and Loxton Boulevard which shall consist of an 8'x8'xI6' bell tower. The project
identification sign at the main entrance shall be subject to all applicable City Sign Code
provisions including, but not limited to, aesthetic appropriateness review by the City
Commission.
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Exhibit "E"
(Illustration of Entry Boulevard and Round About)
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Exhibit "F"
(Revised Road Configuration)
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