HomeMy WebLinkAbout2004 05 24 Regular 503
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COMMISSION AGENDA
May 24, 2004
Meeting
Consent
Information
Public Hearing
Regular X
ITEM 503
IDept. Jff
MGR. r-
REQUEST:
Community Development Department requesting Commission consider and approve a development
agreement modification to decrease the rear yard setbacks from 20 feet to 15 feet.
PURPOSE:
The purpose of this agenda item is to request that the Commission modify the existing development
agreement exhibit, to change the applicable minimum rear yard building setback from 20 feet to 15 feet.
The minimum dimensions set forth in the applicable diagrams (e.g. exhibits "G" and "H") would not
change or be affected.
The modification or amendment to Exhibit "c" is needed to correct a discrepancy between the approved
plat and the dimensions of the builder's housing product. The approved final engineering plans depicted
90 foot long lots, in contrast to 85 feet on the plat. The difference is made up in additional common
open space. Since Centex was both the applicant for the plat and the builder and since there are typically
minor dimensional differences between final engineering/subdivision plans and final plats, this did not
appear to be an issue. Staff assumed that Centex understood what they needed and that the plat reflected
their needs. The issue came to the forefront as building plans were submitted. Staff believes that this
modification to the existing development agreement is the most efficient way to remedy this situation.
APPLICABLE LAW:
Section 166.021, Florida Statutes.
Section 20-474. Development Agreement.
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May 24, 2004
Regular Agenda Item 503
Page 2 of2
FINDINGS:
1. Development agreements are authorized pursuant to the Municipal Home Rule Powers Act, as
provided in s 2(b), Article VITI of the Florida Constitution and Chapter 166, Section 166.021, Florida
Statutes.
2. The development agreement is consistent with the City's Comprehensive Plan and Code of
Ordinances, as is the proposed modification.
RECOMMENDATION:
Staff recommends that the City Commission approve the modification to the attached development
agreement, subject to the City Attorney's review, approval, and any conditions he may require.
ATTACHMENTS:
Development Agreement
COMMISSION ACTION:
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ATTACHMENT A.~~~II'lIllilIIlIIIIIIIIIIIIIIIIUUIIII..
Prepared by and R~turn to:
Anthony A. Garganese, City Attorney.
Brown. Ward, Salzman & Weiss, P .A.
225 E. Robinson Street, Suite 660 .
P.O. Box 2873
Orlando, FL 32802-2873.
MARYANNE IlIORSE, ClERK CF CIRCUIT roJRT
SEMINOlE ro..mv
BK 04358 PG 1310
CLERK'S # 2002850603
RECORDED 03/22/2002.10111101 AM
RECORDING FEES 181. 50
RECORDED BY L Wood!.y
. Paicell.D. Nos. 26-20-30-SAR-ODOO-18C
26-20-30-SAR-ODOO-Q200
BINDING DEVELOPMENT AGREEMENT
THIS BINDING DEVELOPMENT AGREEMENT (herein referred to as the
"De~elopment Agreement"J, made and executed this II f:1';. day of fY\,..,c 6..-,2002,
by and between the CITY OF WINTER SPRINGS, a Florida municipal corporation (herein
.referred to as the "City"), whose address is 1126 East State Road 434, Winter Springs,
Florida, 32708, and SPRINGS LAND INVESTMENTS, LTD., a Florida limited partnership
(herein referred to as "Springs"), whose address is do Sunbelt Investors Group, 175
Lookout Place, Suite 201, Maitland, Florida, 32751, and JESSUP SHORES LIMITED
PARTNERSHIP, a Florida limited partnership (herein referred to as "Jessup"), whose
address is do Sunbelt Irwestors c;rouP1.175 Lookout Place, Suite 201, Maitland, Florida,
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32751, and CENTEX HqM.ES, a Nevada generC}1 partnership (herein referred to as
"Centex"), whose address .is 385 Dougias Avenue, Suite 2000, Altamonte Springs,
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Florida, 32714.
WITNESSETH:
..WHEREAS, Springs and Jessup jointly own certain real property in the City of
Winter Sp"rings, Florida, described in Exhibit "A" attached hereto and incorporated herein
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by reference (herein referred to as the ~'Subject Property"); and
WHEREAS, the Subject Property is currently within an area designated as "C-1
Neighborhood Commercial District" according to the zoning classification records of the.
City; and .
WHEREAS, Centex has entered into a contract to.purchase a portion of the Subject
Property from Springs and'Jessup for development as. an attached multifamily townhome
. residential comml!nity, described in Exhibit "L" attached hereto and incorporated herein
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by reference (herein referred to'as the "Residential Property"), subject to obtaining an
appropriate conditional use approval, variance or rezoning of the Residential Property from
the City; and
WHEREAS, the townhome units will be offered for sale to the public; and
WH EREAS, Springs and Jessup desire to retain the right to develop the portion of
the Subject Property not sold toCentex described in Exhibit "M" attached hereto and
incorporated herein by reference (herein referred to as the "Commercial Property") for
commercial purposes; and
. WH EREAS, development of the Residential PropeJty and Commercial Property will
. require construction of a common entranCe road for vehicular ~ccess to State Road 434
to be shared by the residents of the Residential Property and the occupants of the
Commercial Property, and by the guests and invitees of such owners and occupants
~escribed in Exhibit "N" attached hereto and incorporated herein by reference (herein
referred to as the "Private Entry Street';j, and a landscaped and improved area adjacent
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to the Private Entry Street described in Exhibit c;O" attached hereto and incorporated
herein by reference '(herein referred to as'the UEntry Feature Property"); and
'. WHEREAS, Springs and Jessup and Centex are willing to develop the Subject
. Property under its current "C-1" zoning classification in exchange for the covenants of the
City herein set forth; and
WHEREAS, the City Commission has' recommended entering into a Binding
Development Agreement with Springs and Jessup and Centex for development of the
Subject Property; and
WHEREAS, in addition to Springs', Jessup's and Centex's compliance with all City
Codes, permitting, and construction not in conflict herein, the City,Springs, Jessup, and'
Centrex desire to set forth the following speCial terms and conditions; and
WHEREAS, the City Commission of the City of Winter Springs finds that this
Agreement is consistent wi~h the City's .Comprehensive Plan and land development
regulations and is a legislative act of the City Commission of the City of Winter Springs;
and
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WHEREAS, the City Commission further finds that this Agreement promotes the'
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public health,. safety, and welfare and is corisisten.t with, and an exercise of, the City's
powers under the Municipal Home Rule Powers Ad, as provided in ~. 2(b), Article VIII of
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the Florida Constitution and Chapter 166.021, Florida Statutes, and the CitY's police
powers.
. NOW THEREFORE, iri consideration of the mutual covenants arid mutual benefits
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. herein contained, the parties agree as follows:
1. Recitals. The foregoing recitals are hereby incorporated herein by. this
reference.
2. Authoritv. This Development Agreement is 'entered into pursuant to the
Florida Municipal Home Rule Powers Act, and the Code of Ordinances of the City of
. Winter Springs.
3. Representations of Centex. Sprinqs and Jessup. Centex, Springs and
Jessup hereby represent and warrant to City that Centex, Springs and Jessup have the
power and authority to bind the Subject Property and execute, deliver and perform the
terms and provisions of this Development Agreement, have an equitable or legal interest
in the title to the Subject Property, and have taken all necessary action to authorize the
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execution, delivery and performance of this Development Agreement.
4. Town Center Zoning. f='ro"vided that the terms and conditions of this
Development Agreement are satisfied by Springs, Jessup and Centex, or their respective
successors in title, the City shall not rezone the Subject Property, or any part thereof, into
the Town Center Zoning District (herein referred to as "Town Cen'ter"), 'as long as this
Development Agreement shall remain iri effe,ct, unless the parties agree to initiate the
rezoning to Town Center. To the extent that the City Commission determines, at its
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reasonable discretion, there is a specific and direct conflict between the terms and
conditions of this Development Agreemeflt and the provisions of the Code of Ordinances
of the City of Winter Springs, the parties agree that the provisions of thfs Development
.' Agreement shall control as if approved by the City Commiss'ion as a legislative act.
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Moreover, the City acknowledges that the underlying land use designation Tor the Subject
Prop'erty is "Mixed Use", and the City agrees not to'initiate, sponsor or support any attempt
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to ~hange the underlying land use designation as long as this Development Agreement
shall remain in effect, unless the parties agree to' initiate the change of land use
designation.
5. Residential Property Conditions. The parties covenant and agr~e that the
Residential Property shall be developed in accordance with the plans and specifications
identified as Wagner's Curve Mixed Use Development, dated 10101, (herein referred to as
the uTownhome Plans") attached hereto as Exhibit UB" and incorporated herein by
reference, and the Residential Development Standards (herein referred to as
the"T ownhome Standards") attached hereto as Exhibit "C" and incorporated herein by
reference. As used in this Development Agreement, and in the Townhome Plans and
Townhome Standards, the terms 'Townhome Unit' ,or 'Unit' mean an individual townhouse
dwelling intended for occupancy by a single family and attached by a party wall to another
Townhome Unit, and the terms 'Townhome Building' or 'B.uilding' mean a structure
. . . .
consisting of two or more Townhome Units attached by party walls under a common roof,
The developer of the Residential Property shall have the right to amend the Townhome'
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Plans and/or Townhome Standards provided that any such amendment shall be first
approved by the City. Minor changes that do not materially modify the location or footprint-
of any building may be deemed non-material by the City, and may be approved by City,
: Manager. All material modifications of the Townhome Plans and/or Townhome Standard~
,shall be subject to review and approval of the City Commission, and, at the option of the
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City, may be memorialized by an amendment to this Development Agreement.
- 6. - Phased Townhome Construction. City and Centex agree _ that the -
Townhome Buildings shall be constructed in the numedcal sequence set -forth in the
Townhome Plans attached hereto as Exhibit "B."
7. Commercial Property Conditions. The parties covenant and agree that the
Commercial Property shall be developed in accordance with Commercial Development -
Standards (herein referred to as the "Commercial- Standards") attached hereto as
Exhibit UD" and incorporated herein by reference. The developer of the Commercial
Property shall have the right to amend the Commercial Standards provided that any such
amendment shall be first approved by the City. Minor changes that do not materially modify
the location or footprint of any building may be deemed non-material by the City, and may
be approved by the City Manager. All material modifications of the Commercial Standards
shall be subject to review and approval of the City Commiss.ion, and, at the option of the
- City, shall be memorialized by an amendment to this Development Agreement
8. Private Entry Street. The parties covenant and agree that. the Private Entry
Street shall be developed in accordance with the plans and specifications approved by the
City, Centex, 'Springs and Jes~up agree _ that the Private Entry Street Plans shall be
submitted to the City for approval within ninety (90) days of the effective date of this
_Development Agreement. The Private Entry Street shall be designed as alraditional town-
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- center street,. shall include town center architectural features which are acceptable to the
City,- and shall be designed substantially similar to that depi.cted or) Exhibit "E." The
Private Entry Street shall be platted _ along with either the Residential Property or the-
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Commercial Property, whichever shall be platted first. Construction of the improvements
. ,*dePicted on the Private Entry Street Plans shall have been complete2 prior to the issuan::e'
. . .. of a Certificate of Occupancy for the model T ownhome Units or for the first commercial
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. 'building constructed on the Commercial Property, whichever occurs first. Centex, Springs
. .and Jessup, or their successors in interest, jointly, shall have the right to amend the
Private Entry Street Plans provided that any such amendment shall be first approved by
the. City. Minor changes that do not materially modify the location or footprint of any
improvement may be deemed non-material by the City, and may be approved by the City
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Manager. All material modifications of the Private Entry Street Plans shall be subject to
review and approval of the City Commission, and, at the option of the City, shall be
memorialized by an amendment to this Development Agreement. The City acknowledges
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that the Private Entry Street may have sections paved with stabilized brick pavers rather
than concrete or asphalt paving.
9. Entry Feature Property. The parties covenant and agree that the Entry
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Feature Property shall be developed in accordance with the plans and speci~cations
approved by the City, Centex, Springs and Jessup agree that the Private Entry Plans
shall be submitted to the City for approval within ninety (90) .days of the effective date of
this Development Agreement. The Private Entry Feature shall be designed with enhanced
,-plantings' and as a traditional town center architectural feature which shall create a long'
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lasting'statement to the public. The Priva e Entry Feature Property shall be designed
substantially similar to that depicted
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Exhibit "F,J> In addition, the Private Entry Plans
. , shall include an ornamental picket fence or other ornamental hardscape feature along the
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} entry, drive from the gazebo to the gated entrance. Construction of the improvements
, depicted on the Private Entry Plans shall have been completed prior to the issuance of a '
, Certificate of Occupancy for the model T ownhome Units or for the first commercial building
"constructed on the Commercial Property, whichever occurs first Centex, Springs and
Jessup, or their successors in interest, jointly,' shall have, the right to amend the Private
Entry Plans provided that any such amendment shall be first approved by the City. Minor
changes that do not materially modify the location o/footprint of any improvement may be
deemed non-material by the City, and may be approved by the City Manager. All material
modifications of the Private 'Entry Plans shall be subject to review and approval of the City
Commission, and, at the option of the City, may be memorialized by an amendment to this
pevelopment Agreement.
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The Entry Feature Property shall be subject to the right reserVed to the Residential
Property to erect and maintain a sign near the intersection of the Private Entry Street and
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, S. R. 434, visible fromS.R. 434, bearing the name of the Townhome project. Any such
~.Aif' Sign. s!:,all comply with Articl~ 'Section ~O-4ZQ, S. ;. -434 corrid~; Visi;;an
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Regulations of, the Winter Springs Land :pevelopment Code, and may.be a permanent _,
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structure including monumentation, landscaping, irrigation and lighting, provided that said
sign shall be designed in such a manner as to be consistent with'Town Center design
standards set forth in the Town Center District Code~ Any such sign and associated
imp'rove~ents shall be main~ed at the sole expense ~f th: property owners ass~ciation
of the Residential Property,
10. 'Traffic Signal. The parties acknowledge that a traffic signal is being
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designed and permitted at 'the intersection of the Private Entry Street and S.R. 434 by
Seminole County with the' input and assistance of the City, and the Seminole Cou
School Board. The traffic lights shall be installed at no expense to Centex
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11,
Compliance with City Tree Ordinance.
. Property shall be subject to compliance with the City's Arbor Ordinance as set forth in the
City Code, as amended,.and subject to the Tree Replacement Guidelines set forth in this
section.
11.1 Tree Replacement Guidelines.
a. The following words shall have the meaning ascribed below unless the
context clearly indicates otherwise:
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(1) Arbor Ordinance. City Arbor Ordinance shall mean Chapter 5 of the
City Code of Ordinances otherwise known as the City Arbo~
Ordinance.
(2) Preferred Plant List. Preferred Plant List shall mean that list of plant
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materials and corresponding. Tree Replacement 'Credits' shown in
Exhibit "Kn of this agreement. In addition, the DO Blanchard
Magnolia,' Magnolia Grandiflua, at' the 65 gallon size will be
. considered a preferred plant at a replacement credit ratio of 5: 1,
(3) Tree Replacement Assessment. Tree Replacement Assessment shall
. mean the total amount of monetary compensation owed to the City of
Winter Springs as provided in' the Arbor Ordinance for the
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replacement .of trees cut, destroyed. or removed from a property in
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the City as a result of development or redevelopment.
(4) . ~ree Replacement Credit. Tree Replacement Credit shall be equal
. to one-hundred ($100.00) dollars and no cents in tree replacement
value.
b. In consideration of trees which shall be cut, removed or destroyed from the
Residential Property and Commercial Property by Springs, Jessup, and
Centex or their agents. Springs, Jessup, and Centex, jointly, shall replace
trees or monetarily compensale the City as provided in the Arbor Ordinance
according to the Tree Replacement Assessment established by the City.
c. Springs, Jessup, and Centex may deduct from their Tree Replacement
. Assessment, Tree Replacement Credits based on the number of
replacement credits as provided in the Preferred Plant Material List provided
that: .
(1) All plant materials are Florida Grades and Standard One (1) or better;
(2) All plant materials are properly installed; and
. . (3). The landsCape plan for the proposed development to which the
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-credits are to be applfed is' prepared by a landscape architect
licensed by the State of Florida.
in additio"n', the following requirements shall apply:
(1) For every tree removed (greater than 14 inch . Caliper). one.
replacement tree shall be planted. The replacement tree shall be a
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minimum'of 2% inch caliper container grbwn (30 gallons).
(2), With respect to the dense pine trees which were apparently planted
for silviculture purposes in the middle of the Residential Property,
these pine trees shall be removed and replaced in accordance with
the natural groWth patterns located elsewhere on the Residential
, Property. In other words, the number of replacement trees shall be
determined using the average density (i.e., number) of trees per acre
located on the Residential Property. excluding the area where the
dense pine, trees are located in the middle of the Residential
Property.
(3) The size and species of the existing trees that are removed shall not
be considered in determining the required replacement trees unless
a particular existing tree is exempt from this requirement pursuant to
the City's Arbor Ordinance (e.g., specimen tree).
/'2.
Fencing.
Fencing along S,R. 434 and the western boun'dary of the
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Residential Property shall be see-through decorative al~minum material with brick
columns and certified to meet all code requirements. The distance between brick columns
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~uf . shall bereasonably acceptable tothe City. ~aid fencing along the Westem boundary .sha~
. ~ extend at leasl to the south end of T ownhome BUilding ~from S.H. 434 or until It IS no
longer visible from S.H. 434. from the east and west motor vehicle approaches, but in no
cQse beyond the south end of T ownhome 'Building #14. The fencing and the landscaping
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related to the 'fencing. along with the 'stre'etscaping along S. R. 434, shall be constructed
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in conjunction with the Private Entry Street and Entry Feature. The City reserVes the right
"to withhold the issuance of any" Certificate of Occupancy upon "the" City's determination
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. that the aforesaid is not being timely constructed as required hereunder.
" "/13. Other Applicable Conditions. The elements of the improvements depicted
. in the Townhome Plans and the Commercial Standards will govern exteriqr appearance
and placement, including .without limitation, architectural elements, common area
improvements, parking areas, private streets, Private Entry Street, Private Entry Feature,
. and setback lines, The parties acknowledge that in addition to complying with the
approved Townhome Plans and/or Commercial Standards, as the case may be, regarding
exterior appearance and placement, all structures and improvements constructed or
installed on the Subject Property shall be subject to compliance with applicable building
codes, and nothing in this Development Agreement or in the T ownhome Plans or
Commercial Standards shall be deemed to alter. any applicable building code.
14_ Private Streets within Residential Property; Gates. As depiCted in the
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Townhome Plans, the City agrees that the streets and driveways within the Residential
Property will be privately owned and maintained by the property owners association
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created for the Residential Property, and that access will be controlled by electrically
operated gates. The gates shall be located as depicted in the Townhome Plans, and the
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private streets shall connect to the Private Entry Street at- the boundary between the
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Residential Property and the Private Entry Street The portion of the private streets
.between the gates an~ the Private Entry Street shall be maintained exclusively by the
property "owners ~ssociation for the Residential" Property, arid the City shall have no
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obligation to provide. mai.ntenance for arw. portion of .such private streets. The electric
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gates shall be fitted with devices allowing immediate entry and exit of emergency, fire
andJor police vehicles and .personnel, as well as U. S. Postal Service. personnel and
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vehicles, and City service personnel and vehicles. The engineer of record shall provide
a signed and sealed estimate of the cost of annual maintenance as well as the cost to
resurface the road, the property owners association, or their successors in interest, shall
cause a Florida licensed Certified Public Accountant to annually certify to the City that
. adequate funds. are being collected from the owners [0 meet the future value of those
engineer's estimates.
/ 15. AQQreQated Development. For development purposes, the Residential
Property and Commercial Property shall be aggregated as one single development under
the terms and conditions of this Development Agreement and the City Code. However, it
is understood by all parties that the Commercial Propertiand Residential Property may
be developed by separate entities. If said properties are developed by sepa"rate entities,
a default under this Agreement by one entity shall not constitute a default by the other
entity, unless the default involves a joint oblig.ation of the entities. under the terms and
conditions of this Agreement. .In which case, a default by one entity shall.constjtute a
default by the other entity.
. 16../PlattinQ; Developer's Limited RiQht to TEmninate, Upon the effecti~e date
()f this Development Agreement, Springs, Jessup, and Centex .shall promptly submit and
prosecufe with the City an application for development approval consistent with the terms
and conditions of this Agreement. The application shall be prosecuted in good faith and
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shalf be subject to the City Commission's approval.. Springs, Jessup, and Centex, jointly,
shall have the right to terminate this Agreement until such time. final engineering and
construction plans are approved by the Gity Commission; at which time Springs' Jessup's,
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M'" ,1, arbage collection services to the residents of the Residential Property, and, provided that
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the Residential Property is developed in accordance with this Development Agreement,
g~ collection shall be provided on a unit-b'{-unit basis comparable to such services
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provided by the City to residents of single-family detached homes. The City's personnel,
contractors, vendors and suppliers shall have unrestricted access to the Residential
Property for the performance of their duties, and' the Residential Property shall be subject
to an easement for access over and upon the priyate streets and common areas of the
Residential Property for the benefit of police, fire; emergency and utility personnel, as well
as the United States Postal Service and commercial delivery serVices.
18. Successors and AssiQns. This Development Agreement shall automatically
be binding upon and shall inure .to the benefit of the successors and assigns of each of the
parties.
19, Applicable Law. . This Development Agreement ~ha" be governed by and
'construed in accordance with the laws of the State of Florida.
20. Homeowner's Association Documents: Third Party Beneficiary. Centex,
Springs, and Jessup agree that. the Residential Property shal! be managed by a
homeowner's association. Centex, Springs, and Jessup agree that the homeowner's
association documents shall be submitted to the City for review and approval prior to
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recording. The documents shall pfovide that the "City shall be designated as a third-party
. beneficiary to be in privity with Centex, Springs, and Jessup and the. property owners'
association for the purpose of enforcing the rights and oblig~tions hereunder. Such
to a homeowner s or condominium association, the third party beneficiary provisions of this . .
paragraph shall also apply.
. .
21. Amendments. This Development Agreement shall not be modified or amended
.except by written agreement executed by all parties hereto and approved by the City
Commission of the City of Winter Springs.
22. Entire AQreement. This Development Agreement supersedes any other
agreement, written or oral, and contains the entire agreement between the parties as to
the subject matter hereof.
23. Severability~ If any provision of this Development Agreement shall be held to
be invalid or unenforceable to any extent by a court of competent jurisdiction, the same
shall !\lot affect in any respect the validity. or enforceability of the remainder of this
Development Agreement..
24. EffeCtive Date. This Development Agreement shall become effective upon
approval by the City of Winter Springs City Commission and execution of this Development.
Agreement by all parties.
25. Recordation. Upon approval by the City of Winter Springs City Commission
. .
and execution of this Development Agreement by all parties, this Development Agreement .
and any amendments hereto. shall be. recordedu by the. City in the public records of
15
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Semfnole County, Florida, and shall run with the land. A Notice of Termination shall be
. recorded in the public records of Seminole County if this .Agreement is terminated .by
. . S.prings, Jessup, and Centex. pursuant to paragraph 16 herein:
~6. Relationship of the Parties. The relationship of the parties to. this
. Development Agreement is contractual and arm's length. Springs, Jessup and Centex are
. independent contractors and are not the agents of the City for any purpose, Nothing
herein shall. be deemed to create a partnership, or joint venture, or principal-agent
relationship among the parties, and no party is authorized to, nor shall .any party act'
.toward third persons or the public in any manner which would indicate any such
relationship with any other party.
27. SovereiQn Immunity. Nothing contained in this Development Agreement
shall be construed as a waiver of the City's right to sov.ereign immunity under .Section
768.28, Florida Statutes, or any other limitation on the City's potential liability under state
.or federal law.
28. City's Police Power. Centex, Springs and Jessup acknowledge and agree
that the City hereby reserves all police powers granted to the City by law. In no way shall
this Development Agreement be construed as the City bargai/}ing away or surrendering
its police powers.
. 29, Interpretation. The parties to this Dev~lopment Agreement acknowledge
and agree that all parties have participated equally in the drafting of this Development
. Agreement, and no party shall be favored or disfavored regardin.g interpretation of this .
Development Agreement in the event of a dispute between the parties~
. .
. .
.30. Permits. The failure of this Development Agreement to address any
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particular City, county, state and federal permit. condition, term or restr"iction shall not
relieve Centex, Springs and Jessup or the City of the necessity of complying with the law
- -
governing said permitting requireme-nts, conditions, term-or -restriction.
~. Third Party Rights. :This Development Agreement is not a third party
beneficia-ry contract, and shall not in any way whatsoever create any rights on behalf of
any third party~
32. -Specific Perfonnance. Strict compliance shall be required~ith each and
every provision of this Development Agreement. The parties agree that failure to perform
the obligations established in this Development Agreement shall result in irreparable
damage,and that specific performance of these obligations may be obtained by suit in
equity_ -
33. Attorneys' Fees. In connection with any arbitration or litigation arising out
of this Development Agreement. the prevailing party shall be entitled to recover
reasonable attorney's fees and costs through all appeals to the extent permitted by law,
34. Fufure Rezoninqs/Development Permits. Nothing in this Development
Agreem,ent shall limit the City's authoritY to grant or deny any future rezoning or
development permit applications or requests. or the rig~(of Centex or Springs and Jessup
to apply for or_oppose any future rezoning or development permit application subsequent
~o the E!fective Date of this Development Agreement. In addition. nothing herein shall be
- -
construed as granting or creating a vested property right or interest in Centex, Springs,
and Jessup or on the Subject Property.
35. Force Maieure. 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
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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, th9t failure shall not.
constitute a default under this Agreement and any Time Period prosc"ribed hereunder shall
be extended by the amount of time that such party was unable to perform solely due to the
Uncontrollable Event.
36. City's Riqht to Terminate AQreement.. Failure by Springs, Jessup,and/or
Centex to perform each and every one of its obligations hereunder shall constitute a
default, entitling the City to pursue whatever remedies are available to it under Florida law
. or equity including, without limitaion, an action for specific performance and/orinjunctive
. relief or alternatively. the termination of this Agreement. Prior to the City filing any action
. or terminating .this Agreement as a result of a default under this Agreement. the City 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 City prior to filing said action or terminating
this Agreement. If thirty (30) days is not a.reasonable period in which to cure the default,
the cure period shall be extended to a reasonable. cure period mutually acceptable to the
City arid the defaulting party,. but in no case shall that cure period exceed one-hundred
...twenty. (120) days. Upon termination of the Agreement, the defaulting party shall
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immediatelY lose all rights and privileges granted hereunder, .
IN.WITNESS WHEREOF, the parties have executed this Development Agreememt
. as of the date first written above.
CITY
Munic
By:
NZO-LUCACES
ATTEST:
By:
PAUL P.. PARTYKA
Mayor
WITNESSES:
SPRINGS LAND INVESTMENTS, LTD.,
. a Florida limited partnership
By: Euro American Investors Group
a Florida general partnership
<~-
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By:
Sun belt Investors Group, Inc.
a Florida corporation
General Partner
A.~t
By:
r l em .QA~ (p 0/1/J 0"Tl~ I
Date: 02/zo(CYL
STATE OF FLORIDA
. COUNTY OF ~(C:H\~e.
. . .
. .. The foregoing instrument was acknowledged befor~ A~t';..~is 11) day of 1i:.:b(<x>~ '
2002,. by A C. . l-e€vcb""" . I as ~f:~1 of SPRINGS.. LA 0
INVESTMENTS, LTD., a Florida limited partnership, M who is personally known to me,
or [ ] who has produced ~identification.
PETER LEEROAM NOTARY PUBLIC, State of Florida
Nolary Public, Slate of Florida My commission expires: 05/0) 105
My comm. expo Mar. 1, 2005
Camm. No. 00 00583f1
(SEAL)
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.'NITNESSES:
JESSUP SHORES LIMITED PARTNERSHIP
a Florida limited partnership
By: Euro American Investors Group
a Florida general partnership
'"J,
~~
.By:
By:
Sunbelt Investors Group, Inc. .
a Florida corporation
General Partner
A.~e;dent
.~ ~ ,(fL/LQ~~J
.STATE OF FLORIDA
COUNTY OF Dr().Nj~,
Date:
. 01) to I Dt.-
1
The fore,going instrument was acknowledged pefore me this '20 day of .feWUtV:?,
2002, by. A.c. leel{aalYl . I as ~t-s.~~(reof JESSUP SHORES LIMITED
PARTNERSHIP a Florida limited partnership, f<J who is personally known to me, or [1
who has proquced . ~~:tion .
NOTA PUBLIC, State of FJonqa
My commission expires: 03/0 I / oS
PETER LEEROAM .
NotarY Public, State of FlorIda
My comm. expo Mar. 1, 2005
Comm. No. DO 005830
(SEAL)
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WITNESSES:
/fi fjiUJ7v+c~ . .
STATE OFFLQBIDA. . .. .
COUNTY OF ~~LQ..
. : CENTEX HOMES; a. Nevada general
partnership,
.by:. CENTEX REAL ESTATE CORPORATION,
a Nevada corporation, Managing General .
Partner
By:
~6(~~~
Patrick J. Knight
Division President
The foregoing instrument wa~ acknowledged before me this G th day of (Y\a..~ .
. 2002, by ~..; ~ ~ , as \)~ of CENTEX HOMES, a Nevada
general partnership, who is personally known to. me, or [ J who has produced
as identification.
/
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jC;~A\:~::.. JUl. RoaERTSot~
.1.:';.' Iz. .':.....~ MY COMMISSICN #Ge 9.23564
~!~~~'f~.k? EXPIRES: Mai'th ~~. 2GN
61 <'": -"~,' . .
0: ~r.~.Ji ~~:.." eCt!~d Thru Nota!'1 !=~rlC Uod~r"!nte!S
j.~':;::'
(SEAL)
Date:
3/ (p I 0 IV
. NARY PUBLIC, State of Flori
My commission expires:
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Development Agreement
List of Exhibits
Exhibit A - Legal description.
Exhibit B - TO'NfJhome plans
Exhibit C -To'Mlhome Residential Stal}dards
Exhibit D - Commercial Standards
Exhibit E - Private Entry Street Plans
Exhibit F - Entry Feature Plans
Exhibit G - Typical building separation detail
Exhibit H - Typical 434 Frontage Detail
Exhibit 1- Typical 434 building elevation
')
Exhibit J - TypiCal fence elevations
Exhibit K- Preferred plant list
Exhibit l- legal description resid.ential property
Exhibit M - legal Description commercial Property
Exhibit N- Legal description public entry. street
. .
Exhibit -0 - Legal descrIption entry feature property
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Exhibit A
Legal Oescription
. .Lots 18, 19;and the east 219 feet of lot 20, south of the new S.R 434, block D,
Dr. Mitchell's survey of the levy grant, plat book 1 page 5
And also
Lot 20, south of the new S.R.434 ( less the east 219 feet) block D, Dr. Mitchell's
survey of the levy grant, plat book 1, page 5. .
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F.ILE NUM 2002850603
OR BOOK 04358 PAGE 1333
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. ..'2850603
. E. NUM 200. PAGE
PIL OK 04358 .
OR BO ,
1334,
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ocation Map
ite Data
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Residential
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Exhibit 8
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FILE. NUM.2002850603
OR BOOK.04358 . PAGE 1335.
..
Exhibit C
Residential Development Standards
. .
Total land area~ 14.2 acres
Land use: Townhouse
Total units .160
: Maximum density: 12 units/acre
Property Boundary building setbacks:
. S.R. 434: .
Principle building -34'
Covered open p~rch- 26'
East Property line:
PrinCiple building -10'
Covered open porch ~ 10'
West Property line:
Principle building -10'
Covered open porch - 10'
South Property line: .
_______________ Principle building -20'
~. Cover~d open porch - 12'
Minimum Lot size: 1 ,800 s.f. (20' x 90')
Minimum Lot frontage: 20'
Minimum building setbacks on lots:
Front: 20'
Side: 0'
Rear: 20'
Minimum living area: 1,000 sJ.
Minimuni Building separation requirements
. Side to side: 20'
. Rear to rear: 40'
Porch to porch:. 24' .
Parking: 2 spaces per unit. (driveway will be ~nsidered as one space.)
. Minimum setback from parking areas: 5' .
Minimum setback from private roadvvays: 10'
. Landscape buffers . . .
SR. 434. Buffer along S.R 4~4 will be per exhibit H.
.. West Boundary; no buffer required
.South Boundary - no buffer required. '.
East~b0tifidafY~~fj0~btJ'ffei-i-eqtiired:-Bl:Iffer-provided-by-commerciai
.. property
434 Architectural elevations will be per exhibit I
'.., .
· Note; setbacks will be measured from the face of the building not the fascia of
the roof overhang.
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Exnibit 0
Commercial Development Standards
~
Total land area: 1.6 acres
land use: All uses permitted in the C-1 zoning district & Professional Office
. .
. .
Town Center District OesiQn Standards: Town Center District Code includinq,.
but not limited to: ..
1. All buildinQs shall be constructed to the "build-to-line". as defined in the Town
Center District Code.
2.. All buildinQs shall be at least two stories in heiqht
3. The architecture of all buildinQs and structures shall be qenerallvin keepinq
with neo-traditional architectural and other desiqn standards reflected in the.
Town Center District Code.
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Exhibit E
24' Paveo Road
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Typical Road. Section
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F24' Private
Drive
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6 X 12
Ribbon Curb
Shared Entry Road Section
Access Easement
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2' Miami curJ.
.. 5 sidewalk
2' Miami Curb
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LaM "'-="'/. L_x."., .Atchte<t<n. A1:tcd "".neq...-. ~ ~"sI
561 W. Ida.. Etvd.. SA. 125. .,...,,<< Port<. Rmda JZ75J 1407) 141l-nn
Private En Street Plans
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Exhibit F
Decorative brick pavers
flowering ground co
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Flowering shrubs
and accent plants
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Proposed Elevation LEGIBILITY Uf'ISATISfAClO&1,
FOR SCANNING.
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lUld ~ttn,.g, l_#ope Archtect",,- F'N:Irc<:r .wo_<rr>o:r1t ~ ~"""'1
561 W. Ma,., :t-d.. 3.ol0 125. ........... Pvx Ra1clo J21S9 loIOn lUl-7Jn
En Feature Plans
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/. .
Ball cap on 2" post 8' O.C..
Press point finial
_u 3 Rail Aluminum Fence
Briel< Column riot
Jess than 50' o.C.
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a61 W Mer,.~. s..ce =25 IJr.:#. ~ ;:'I....na :!27~ (.&Oii 14Q.nn
ical Fence Elevations
Wagner's Curve Townhouse Project
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V~=:. OR ~GE SHRUS N"\.'.IC: SIZ~ ~~ TlO COST VALUE . C,:l,~;'J
..., ~~c<:n ~o111 ~f'JltI-ttunll. 23-~O ,;~I...~' .2. : i 5'J.co S L':C.-:c ...i 1 lj.~Q
~.MCSur. SIQOC4( 2~JO 9~1..6' 2.\ S ?a.OQ .$ 21;0.':0 S \10.00
. ;;";'i,-ry ':;)3" PalrT1. dCI. ::0 <1 ~I.. ... ~.I .s 12S.0C .$ ~::O.u() .J t is.OO
2 .;.~.::;JjnCo ?~Im jO ~ al.; 5' ~. , ~ 100.00 3 ~co.':;o .s l,i.CO
.::.i.:'J.~" ;::~n Palm JO <]31.. ~. . J.\ S 1 SC.OO S JCO.r.c ;; ';;.CO
C:-.i:'1~S~ F~n Palm . JO gal., ~. J.t 1 lCO.JO .s JOO 00 S 1 -: 5.00
C.1r.ary. .sl~ Oae.,.alm JQ g31_ tf ~1 S lCO.OO ~ JOO.OO .3 115.00 I
o:u e P &II'Tl. P. d.c:tyflfcra 30 gal.. ~ J.t S lCO.CO .s 300.CO. S 175.00 I
I
'1~/ird(T'i:l Palm .~ 941.. 6" :).-1 S 00,00 .s. JOO.CO S. 150.00 I
So1~O JO g:1t. :r J.l S 150.00 .s 300.00 S 150.00 I
\
Llltl" G.m MaQnolta 25-JO gal_a' .~~ S 100.00 S JOO.CO S 200.00
~,]CJ Sud 2~~ gar..S' ~1 S 125.00 S 300.00 S li5.00 ,
C 1~"'.' Holly 2S.JO gal..S' 3-1 S 125.CO S 300.00 S 175.00 . I
c: ~j~iv-: HOlly 2S.3{J ~;zJ..5: J., S 125.00 S 3eo.aO .s 175.00 \
?:c.n Holly .2>.30 ~..a- J.1 3 12$.00 .s 3CO..~ .s 17S.00
o .J~l~ at Hoay 2>30 g.I..5" . . J.1 1 125.00 S 300.00 S 175.00
s.:l~rt~:- Juniper 2~34 gal..5' 3-! 1 115.00 S JOO.CO $ laS.CO
"icrolo.s.a JiJ~r 2S-JO ~I..S" 2-' .5 ;0:00 3 2CO.CC S 1'0_00
i=/<:-<<rit1g ~ 25-34 gaJ..6" ~1 $ '.'25.00 3 ~O.OO , ,75.00
Camel1:2 25-30 O.L~ ~1 .s 1 ~S.OO 5 JOO.OO S 155.0<1
J ~,anfJ..1~ Sluab4rry 2SoJO ~aL.e 3-1 $ 12'J.CC c 300.00. . S 1 ~o.ca
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L ')t:tolly 8.11 2S-34 gat.S' 2-' .s go.CO S 2CO CO S "0.Ca
. J::r. c; i'll "( ~ IJ p<m H 0I1:f 1 ~ <;I JI.. 5" 2-1 .s 50,00 .s ~O.CO S "0.00
~.'/~:~lno "(:I(J~n HOlly 25-30 otl..e' J.: S leO.OO S JOO.':O S 200.00
L :n;:;<:t ~r(Jm St'/'lderd 'i g31., S' J-~ S- ICO.CO . S JOO.CO 3 2<)0.00 \
r.: n ......JQ S3'W P h;r:t 2S gal.. 6' 2-1 S 9S.0C S 200.0G S 105.aC
~ ~-:! 8ucXeye I S gal.. SO 2.' S 'O.CO S 2QO.00 S 130.00 ..'
t.'7r:1~ Oak 15 gal.. S- 2-' 5 30.CO 5 2CO."0 S 1 ~v.OO
.":(o~ae1;US 1 S gal.. 6' 2.1 $ SO.OO S 2ea.CO s 150.00
;:.";n~~ T:~: IS 931.. &- 2.' S ~O CO S 2CO.OO 5 1 50~ CO
-:-~~~::ui3 30 ~.aJ.. S' 2.~ S 7.S.CO 5 200.00 .s 125.00
= ~._;'Iilli~ ~alplr:la 10 gal. 5' 2.' S 50.10 S 2<:OO.C') S 150.CO
$..~~~lIT:;) Olive 15g;I_6' 2.: 5 50.00 S 2CO.ee s 1.5C.GC
L:";'_ 7i:::..:m Star:~~rd ....5 <;13/..5-1 'J' 5--: S JCo.oa 5. 5CO.':Q S 2Ca.CC
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.N~~'1le ?~Im 2S.JO O~I...5' 4..! S 200.CO .s 'co.eo s 200.00
?'fr;my Date Palm. lr!~I~. 30 ~l.. .... J-1 5 1 SO.CO S JOO.OO S 1 SO.oO
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Exhibit L
. Residential Property Legal Description .
. A Portion of Lots 19 & 20 Block D; Mitchell's ~urvey of The Levy Grant,
According to the plat thereof, As recorded in Plat book 1 page 5 of the Public
records of Seminole County, Florida.
Being more particularly described as follows:
Begin at the southern comer of said lot 20 block D, thence N 83008'18n E Along
the southerly line of said block 0, a distance of 954.17 feet; thence departing
. said southerly line N 06051'42" Wa distance of 125.00 feet; thence N 51051'42"
Wa distance of 80.00 feet'; thence 06051',42" Wa distance of 50.00 feet; thence
N 25024'1T E a distance of 175.49 feet to the southerly right of way line of state
road no. 434 per F. D. O. T. right of way map section 77070-2516 dated 12/10/98
and to an arc of a circular curve concaved southerly having a radius of 2685.00
.feet and a chord bearing of N 74054'son w thence through a central angle of
.22045'19n, 'Nesterly along the arc of said aJrve a distance of 1066.36 feet to the
'Nesterly line of aforesaid lot 20 block D; thence S 06013'Oan E a distance of
775.96 feet to the point of beginning. .
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Legal description commercial" property
DESCRIPTION: (PARCEL 2)
A PORTION OF LOT 18 BLOCK 0, MITCHELL'S SURVEY OF THE LEVY
GRANT, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT
.. BOOK 1, PAGE 5 OF THE PUBLIC RECORDS OF SEMINOLE COUNTY,
FLORIDA.
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
\
i
COMMENCT AT THE SOUTHVVEST CORNER OF SAID LOT 20 BLOCK D,
THENCE N 83008'18" E ALONG THE SOUTHERLY LINE OF SAID BLOCK D, A
DISTANCE OF 954.17 FEET TO THE POINT OF BEGINNING; THENCE
N06051'42" W A DISTANCE 125.00 FEET; THENCE N 51051'42" W A
DISTANCE OF 80.00 FEET; THENCE N06051'42: W A DISTANCE OF 50.00
FEET; THENCE N 25024'17" E A DISTANCE OF 175.49 FEET TO THE
SOUTHERLY RIGHT OF WAY LINE OF STATE ROAD NO: 434 PER F.D.O.T.
RIGHT OF WAY MAP SECTION 77070-2516 DATED 12/10/98 AND TO AN
ARC OF A CIRCULAR CURVE CONCAVED SOUTHERLY HAVING A RADIUS
OF 2685.00 FEET AND A CHORD BEARING OF S 57010'29" E; THENCE
THROUGH A CENTRAL ANGLE OF 12043'23" EASTERLY ALONG THE ARC
. OF SAID CURVE A DISTANCE OF 596.22 FEET; THENCE S 83008'18 W A
DISTANCE OF 495.00 FEET TO THE POINT OF BEGINNING.
..LESS:
LEGAL DESCRIPTION (ACCESS PARCEL)"
A PORTION OF LOT 18 AND 19, BLOCK D, MITCHELL'S SURVEY OF THE
LEVY GRANT, ACCORDING TO-THE PLAT THEREOF, AS RECORDED IN
. PLAT BOOK 1, PAGE 5, OF THE PUBLIC RECORDS OF SEMINOLE COUNTY,
FLORIDA.
. . .
BEING MORE PART!CULARL Y DESCRIBED AS FOLLOWS:
CgMMENCE !'-! THE SOUIHYVE~TCOR~EROF SAID 1,.9T19, THENGr:~N
..83008'18" E ALONG THE SOUTHERLY LINE OF SAID LOT 19 FOR A
DISTANCE OF 954.17 FEET TO THE POINT OF BEGINNING; THENCE THE
FOLLOWING COURSES AND DISTANCES; N 06051'42" W FORA DISTANCE
OF 125.00 FEET; THENCE S 51051'42 E FOR ADISTANCE OF 91.92 FEET;
THENCE N 83008'18" E FORA DISTANCE OF:140.71 FEET; THENCE N
33?04'40" E FOR A DISTANCE OF 154.84 FEET TO THE SOUTH RIGHT OF
0"
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. .WAY LINE OF STATE ROAD NO. 434 PER ED.O.T. RIGHT OF WAY MAP
.. SECTION NO. 77070-2516, DATE:D 12110/98 AND TO AN ARC OF A
CIRCULAR CURVE CONCAVED SOUTHERLY HAVING A RADIUS OF 2685.00
. . FEET AND A CHORD BEARING OF S 53035'48" E; THENCE THROUGH A
. CENTRAL ANGLE OF 05034'00" SOUTHEASTERLY ALONG THE ARC OF
SAID CURVE.A DISTANCE OF 260.~7 FEET TO THE SOUTHERLY LINE OF
SAID LOT .18, THENCE S. 83008'18" W FOR A DISTANCE OF 495.00 FEET TO
THE POINT OF BEGINNING.
CONTAINING 1.60 ACRES +/-
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POINT OF COMMENyEMENT .
:r~ \ LOT 26
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. LOT 27 ,
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LEG1BIU-tv UNSATISFACTOR't
FOR SCANNING.
. LECAL .DESCR!PTIOO (....CCESS PAA~-B):
A POOTIOH OF lOT 18 AAD 19.. BLOCX 0, ..,rram..1.'s SURVE;Y OF THE LEVY GRANT. ACCORDING TO DiE PlAT n-tEREOF.
AS RECORDED IN PLAT BOa< I, PAQ; :s. OF THE: PV8UC ~COROS CF SOl/NotE: COUNTY. Fl.ORIOA.
BEiNC WOOf PARnCUlMy DESCRIBED AS f"OUCMS:
CO"'H..!ENeE~A-r~rnE-SOUJH~ ~HER a: lOT 20, SLOCl( D. THENCE N8S'08'tS"E AlONe THE SWTHERLY UNE OF SAJD
LOT \9 AAD 20 A DISTANCE OF 9~.17 f"EET; THENCE LEAVlHCSAJD scum liNE RUN N06"St'.X'W A DISTANa:: OF 18.00
FEET TO lliE POINT Of' BEQHNlNC; THENCE COOTlHUE: N06"St'4:t"W A DISTANCE OF 12~00 Ff:ET; THENCE RUN THE
FOUOWHC COURSES AHO DISTANCES 5.S1"5"42-E A DISTANCE OF In.n FrrT; THENCE RUN Na:t'06'l6"'E A aSTANa: OF
1.w.71 f'EET; THENCE N ~"'Q.4'40. E A DISTANCE Of" 15-4.8-4 FEET TO THE SOUTH RJQiT-Of"-WAY UNE OF STATE ROAD
NO. 4.34 Pffi F.D.a.T. RIGHT-OF-WAY LfAP SC:CTICtC NO. n070-~18, DATED OECOl8ER 10. t998. SAID POINT AlSO
BEINe AN ARC OF A OROJLAA OJRVE CONCAVE SOUTliEASTERL Y HAVlNC A RADIUS OF 2685.00 f'EET AND A OiORO
BEARlNC CF ~"25'27t; n-tENCE THROUGH A a::NlRAl,. AActE: CF OJ ~2' 4.]- RUN SOUTHEAS1ERl Y AlOHC THE ARC OF
SAJO ctJRVE A OISTANCE OF M..Q.4 fEET 10 A POINT CtC THE s.a.lD SOU1H R1QiT OF WAY UNE'., lliENCE LEAVlNC SAID
SOUTH UHE RUN S3t~2SHW A OISTAHCE OF 2:2..57 Ft:ET;1HDlCE S3J"21':l(j"W A DISTANCE a: 75.15 fEET TO DiE PaNT
CFC\JRVAllJRE OF A CURVE CtwCAVE HORTH~y HAVlNCA fW)CtJS CF 100.00 FEET ANa A OiOOO SEARlNc OF
~"C).4.'"'*. TliOfCE THROUCH A CDlTRAL. ANQ.( OF 4V4e'28"" IMf 3OO~Y Alo.c THE ARC OF SAID CUlM: A
.OISTANCE ~. 86.87 f'EET; TO Tl1E paNT OF TAHC:EHCY TlefC( S3J"08'1S'''W A OISTAAC( a: ~.8J ftn'; TO 1H[ POINT
OF BEQNN/NG.
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. . .EXHIBIT 0
Legal description entry feature property
LEGAL DESCRIPTION.(ACCESS PARCEL):
A PORTION OF LOT 18 AND 19, BLOCK D, MITCHELL'S SURVEY OF "tHE
. LEVY GRANT, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN
PLAT BOOK 1, PAGE 5f OF THE PUBLIC RECORDS OF SEMINOLE COUNTY,.
FLORIDA
BEING MORE PARTICULARLY DESCRIBEO AS FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF SAID LOT 19, THENCE N
83008'18" E ALONG THE SOUTHERLY LINE OF SAID LOT 19 FOR A
DISTANCE OF 954.17 FEET TO THE POINT OF BEGINNING; THENCE THE
FOLLOWING COURSES AND DISTANCES N 06051 '421' WEST FOR A
. .
DISTANCE OF 125.00 FEET; THENCE S 51051'421' E FOR A DISTANCE OF
91.9iFEET; THENCE.N 83008'181' E FOR A DISTANCE 140.71 FEET;
THENCE N 06051'42" W FOR A DISTANCE OF 45.60 FEET; THENCE N
: .33004'40;' E FOR A DISTANCE OF 120.00 FEET TO THE SOUTH R/GHT-OF-
WAY LINE OF STATE ROAD NO. 434 PER F.D.O.T RIGHT-OF-WAY MAP
SECTION NO. 77070-2516, DATED 12/10/98 AND TO AN ARC OF A.
CIRCULAR CURVE CONCAVED SOUTHERLY HAVING A RADIUS OF 2685.00
. -
FEET ANDA CHORD BEARING OF S 53054'32" E, THENCE THROUGH A
CENTRAL ANGLE OF 06011'29" EASTERLY ALONG THE ARC OD SAID
CURVE A DISTANCE OF 290.14 FEET TO THE SOUTHERLY LINE OF SAID
LOT 18; THENCE S 83008'18" WFOR A DISTANCE OF 495.00 FEET TOTHE
POINT OF BEGINNING.
.' .
CONTAINING 1.09 ACRES +/_
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Prepared by and Return to:
Anthony A. Garganese, City Attorney
Brown, Ward, Salzman & Weiss, P.A.
& 225 E. Robinson Street, Suite.660
P.O. Box 2873 .
Orlando, FL 32802-2873
MARYAt4NE MORSE, CUM OF c-r RCUlT COURT
SEMINOLE COOOy
BK 04625 PG 1106
CLERK'~ ~ 2002989216
RECORDED 12/10/2002 11:09:55 AM.
RECORDING FEES 24.00
RECORDED BY M Nolden
Parcell.b. Nos. 26-20-30-5AR-ODOO-18C
26- 20-30-5AR -ODOO-0200
FIRST MODIFICATION
BINDING DEVELOPMENT AG~EEMENT .
THIS. FIRST MODIFICATION OF THE BINDING DEVELOPMENT AGREEMENT.
. ~ . ..., .
. . d~
(herein referred to as the UFirst Modification"), made and executed this 7- day of .
~.-b..J~ ,2002, by and between the CITY OF WINTER SPRINGS, a Florida municipal
corporation. (herein referred to as the "City"), whose address is 1126 East State. Road
)
434, Winter Springs, Florida,32708, and SPRINGS LAND INVESTMENTS, L TO., a
Florida limited partnership (herein referred to as USprings"), whose address is c/o Sunbelt
Investors Group,.1?5 Lookout Place, Suite 201,Maitland, Florida, 32751, and JESSU~..
SHO'RES.L1MITED PARTNERSHIP, a Florida limited partnership (herein referred to as
"Jessup"), whose address is do Sunbelt Investors Group, 175 Lookout Place, Suite 201,
,Maitland, Florida, 32751, and CENTEX HOMES. a Nevada general partnership (herein
. . .
. . . . .
. referred to as "CenteA"), whose address is 385 Douglas Avenue, Suite 2000, Altam.onte
Springs, Florida, 32714.
1
FILE NUM 2002989216.
OR BOOK 04625 PA~E 1101.
WITNESSETH:
WHEREAS, City, Springs and Jessup previously entered into a Binding
Development Agreement recorded in Official Record Book04358, Page 1310 ofthe public
. records of Seminole County; and
WHEREAS, Section .11.1 of the Binding Development Agreement contained a
scrivener's error; and
WHEREAS, the parties desire to correct that scrivener's error by executing and
recording this First Modification.
NOW, TH EREFORE, in consideratioh of the mutual covenants and mutual benefits
herein contained, the parties agree as follows (stftkeettt type are deletions and underlined
type are additions):
0)
1. .
Section 11.1 d(1) is hereby corrected to read as follows:
(1) For every tree removed (greater than 44 1 inch caliper), one
replacement tree shall be planted. The replacement tree shall be a
minimum of 2 1/2 inch .caliper container grown (30 gallons).
2. All terms and co,!ditions of the Binding Development. Agreement not.
corr9cted by.tt)'is. First Moc.Ji.fi~ati.<?n sh?1I remain in f~1I force and effect.
IN WITN ESS WH EREOF, the parties have executed tt)is First Modification as of the
. date first written above.
2
FILE NUN 2002ga9216
OR BOOK 04625 .PAGE 1108
CITY OF VJINTER. SPRINGS, a Florida
Municipal G~rporoti6n, ..
ATTEST:
B"-
J .
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RO.~'" [.D...W. ',.r;. ,. . .
. . . '.'''.'! . . ;,:j,!ic~EMOR.E
.. Pit}' M~mlg(:.r .
By:
. I
WITNESSES:
SPRINGS LAND INVESTMENTS, LTD.,
a Florida limited partnership
By: Euro American Investors Group
a Florida general partnership
)
j]-~~~.
By: SunbeU Investors Group, Inc.
a Florida.corporation
General rtner"
By:
(i C .-;-).
-1Ju.nJ. <';.'\ JQ.;..~.:> (LCf)rUYv(_
A~-eer-d I resident
Date: . 5) Illo z,
,
STATE OF FLORIDA..
COUNTY 9F fJ(CMCJl!.,
. Th~ fore:-"ing instrument was acknowledged before me this Do day otk-L-. .
2002, by . 1:1 . C. lecv-cttl\..JV1 , as ~~o: .J! . of SPRINGSl:AND
. INVESTMENTS, LTD., a Florida limited partnership, H who is personally known tOJ;De,
or [ ] who has produced .~s i:fication.
u___ f\fOTP\RY-POBDC~fFlonaa
PETER LEER DAM.
Notarv Public, State of Florida My commission expires:
My comm~ exp" Mar. 1, 2005
Comm. No. DO 005830
3
.FILE :NUM 20029B9216
"OR BOOK 04625 PAGE 110'9
~.." (SEAL)
WITNESSES:
JESSUP SHORES LIMITED PARTNERSHIP
a Florida limited partnership.
By: Euro American Investors Group
a Florida general partnership
.By:
Sunbelt Investors Group, Inc.
a Florida corporation
General P, rtner
~-
~-
--
By:
----,:1 (L^'Ic,,-t C1:t.,~A (?;':"'!.~~t'\.('.J
Date:.
5/J/oz,.
")
STATE OF FLORIDA
COUNTY OF. ()(ONf "
... The fore9,oing instrument 'Nas acknOWle?g1~~ ~~52re me this ~ day of rv~~ .
2002, by J_L. \ _QCro\~/V) . ., as i;~ t,'~e of JESSUP SHORES LI ITED
.PARTNERSHIP a Florida limited partnership, I<]~LsqD.aU:t-IillQ.wo. to me, or [ J
who has produced . as identification.
NOT~ of Florida
My commission expires:
(SEAL)
. PETER LEEROAM
Nolary Public, Slate 01 Florida
My comm. expo Mar. 1, 2005
Comma No. 00 005830
4
./-- "
WITNESSES:
I
STATE OF FLQRIDA .-
. COUNTY OF ~e_yV\.~...o lL
. FILE MUM 200298~~1~
.OR .BOOK 04625. PAGE 1110.
CENTEX . HOMES, . a Nevada general
. partnership,
.by: CENTEX REAL ESTATE CORPORATION,
. a Nevada corporation, Managing General
Partner .
By; ~
Patrick J. Knight
Division President.
Date: \\) c.-b ~D l,...
The foregoin~ inst~~menJ wasacknowledg~d befor~ ,rneJhis 2.lttLCiayof (\c\;e,-,be/
2002, by 91.\.\.1{ \ c..L T \.L..\..,\..c;\\.;,J . , as tJiJ. rr(~~ t.:ofCENTEX HOMES, a Nevada
general partnership, 1;..}-Wfic/is personally known to me, or [ ] who has produced
. ./ \ as identification.
.- .... .'".'1""---'''' '\}) .
, "., . n".:.\ .
.// \;'\.\.. ~...jd\~V', . -...Q.~_.
f ~OTA'3Y PUi3JJIC, S~a(e C?f Florida .
My commission expires: '::S-.2<.,-OL../
'1
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~ 2 story building .~./ A
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II I - 20' Building Setback
I .AO A"
'- , -
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Minimum. Principl Bldg separation
.. i~ Covered Porch . .
~ ~
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24' A"
Min, Porch Separation
"
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.. P' "-, 4 .
. Wagners Curve
daJy design group Inc.
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......un "'S"6~'h'e~?tr(f;:~n"'WnN ':nT. ~
I
. Typical Building Separation Detail
Exhibit G
~
- street tree 40' o,c.
34' Principle B/dg setback
26'
/"- ornamental light post
6' bric~' column 80' o.c.
Decorative Aluminum Fence
=~
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existing 5' sidewalk
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. -
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Landscape Buffer
SR !434
Wa~ers Curve
daly dellign group lno.
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~o )400e ~O
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Typica1434 Streetscape
Exhibit H
low shrubs .
and flowering
ground cover
stairs to 2'
raised porch
-~
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7'
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1.
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FILE NUM 2002850603
OR BOOK 0435B PAGE 1341
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434 Frontage Elevation
daly design group inc.
Land Planning, Lanax3pe Archtte<:lIJ",. Profect Menagement Development Cansulling
881 W. Mo",,, a",,,., Suite 1 25, 'Mr.te< Pari<, Flond3 J27il9 "07)740-7313
Oate: 07/01 Scale. Not to Scole Job No.: 2011a