HomeMy WebLinkAbout2012 10 22 Consent 204 Jesups Landing NSSLIA COMMISSION AGENDA
Informational
Consent X
ITEM 204 public Hearings
g
Regular
October 22, 2012 KS RS
Regular Meeting City Manager Department
REQUEST:
The Community Development Department, Urban Beautification Services Division, is
requesting that the City Commission review and approve a Neighborhood Street Sign and
Light Improvement Agreement with Mattamy Partnership of Jacksonville for the Jesup's
Landing Subdivision.
SYNOPSIS:
On July 11, 2011, the City entered into a Developer's Agreement (DA)with Mattamy
Partnership of Jacksonville, Fla., for the Jesup's Landing Subdivision. Pursuant to the
requirement for use of decorative street signs and decorative pole lighting within the Town
Center District, a separate Use and Maintenance Agreement between the City and
Developer is required by the DA. The Neighborhood Street Sign and Light Improvement
Agreement (NSSLIA) for the Jesup's Landing Subdivision, found in Attachment 'A' of this
agenda item, defines the responsibilities of both City and Developer as related to decorative
street signs and decorative street pole lighting to be located along public
roadways within the Jesup's Landing Subdivision.
CONSIDERATIONS:
Mattamy plans to install the following Decorative Street Signs and Street Lights along
public roadways within the Jesup's Landing Subdivision as part of the Development:
Decorative Street Signs - 46
Decorative Street Lights - 39
Consent 204 PAGE 1 OF 2-October 22, 2012
Under the NSSLIA, with respect to Decorative Street Signs, the Developer/HOA will be
required to provide the City with parts and materials for repairs (not including sign blanks)
and the City will be required to make necessary repairs should the need arise. With respect
to Decorative Street Lights, the City will be required to reimburse the Developer/HOA the
cost of the City Standard Base Rate (currently $13.91 per month times 39 poles), payable on
a quarterly basis.
FISCAL IMPACT:
Street lights installed to service public roads within the Jesup's Landing Subdivision will
impact the General Fund by $6,509.88 (at the current base rate of $13.91 per pole). This
amount represents a recurring expense and will vary based upon the base rates as
established by Progress Energy. A total of 39 are planned for the subdivision. The street
light expenditures incurred by the City will be offset by tax revenue generated from homes
added to this subdivision; however, not all homes will yield tax revenue in the same fiscal
year as the expense occurs, based on build dates and when specific homes are added to the
tax rolls by Seminole County.
COMMUNICATION EFFORTS:
This Agenda Item has been electronically forwarded to the Mayor and City Commission,
City Manager, City Attorney/Staff, and is available on the City's Website, LaserFiche, and
the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the
respective Meeting Agenda which has also been electronically forwarded to the individuals
noted above, and which is also available on the City's Website, LaserFiche, and the City's
Server; has been sent to applicable City Staff, Media/Press Representatives who have
requested Agendas/Agenda Item information, Homeowner's Associations/Representatives
on file with the City, and all individuals who have requested such information. This
information has also been posted outside City Hall, posted inside City Hall with additional
copies available for the General Public, and posted at five (5) different locations around the
City. Furthermore, this information is also available to any individual requestors. City Staff
is always willing to discuss this Agenda Item or any Agenda Item with any interested
individuals.
RECOMMENDATION:
Staff recommends that the City Commission review and approve the Neighborhood Street
Sign and Light Improvement Agreement (Attachment 'A') for
the Jesup's Landing Subdivision and authorize the City Manager and City Attorney to draft
and execute the final agreement.
ATTACHMENTS:
A)Neighborhood Street Sign and Light Improvement Agreement
(NSSLIA) - Jesup's Landing
B) Developer's Agreement(D.A.)with Mattamy Homes - Jesup's Landing
Consent 204 PAGE 2 OF 2-October 22,2012
Attachment 'A'
NEIGHBORHOOD STREET SIGN AND LIGHT
IMPROVEMENT AGREEMENT
This Neighborhood Street Sign and Light Improvement Agreement ("Agreement") is
made and entered into this 1st day of November, 2012, by and between the City of Winter
Springs, a Florida municipal corporation ("City"), and Mattamy (Jacksonville) Partnership, a
Florida general partnership ("Developer").
WITNESSETH:
WHEREAS, Developer is the developer of Jesup's Landing, located within the City of
Winter Springs, Florida ("Development"); and
WHEREAS, the City generally provides standard street signs and standard street lights
located on City streets that traverse through the real property which constitutes the Development;
and
WHEREAS, Developer and the City desire to provide enhanced decorative street signs
and decorative street lights at the Developer's expense under the terms and conditions herein;
and
WHEREAS, the parties acknowledge that this Agreement will improve the aesthetic
appearance of the City's streets primarily for benefit and enjoyment of Developer, the property
owners in the Development, and incidentally to the rest of the citizens of Winter Springs.
NOW THEREFORE, in consideration of the mutual promises set forth hereunder, and
other good and valuable consideration, which the parties acknowledge has been exchanged, the
parties agree as follows:
Section 1. Recitals. The foregoing recitals are true and correct and are hereby
incorporated herein as a material part of this Agreement.
Section 2. Definitions. The following words and phrases used herein shall have the
following meaning unless the context clearly indicates otherwise:
2.1 "Progress Energy" shall mean Progress Energy and any successor and assign to
the City's electric franchise.
2.2 "Sign Plate" shall mean the metal face plate of the street sign on which street
names and other traffic symbols and/or language is written such as "stop" and speed limits.
2.3 "Street Light Base Rate"shall mean the actual cost charged by Progress Energy to
maintain and operate a standard concrete pole and cobra fixture. Said costs include electric,
Form 04/12 Neighborhood Street Sign and Light Improvement Agreement
City of Winter Springs—Jesup's Landing 2012
Page 1 of 7
equipment rental, maintenance, gross receipts tax and other associated charges imposed by
Progress Energy in accordance with law. At the effective date of this Agreement, the Street
Light Base Rate is equal to $ 13.91. The parties acknowledge that said base rate is subject to
periodic adjustments by Progress Energy and the City of Winter Springs.
Section 3. Scope of Proiect. The City and Developer agree that this Agreement may
cover both decorative street signs and decorative street lights depending on what is specifically
set forth in Exhibit "1". The City and Developer agree that Developer desires to purchase,
install, maintain and operate the decorative street signs and street lights depicted and itemized in
Exhibit "1", which is attached hereto and incorporated herein by this reference (the "Project").
The parties acknowledge that if decorative street signs are installed, they must comply with the
standards of the Manual of Uniform Traffic Control Devices, latest edition, and the City of
Winter Springs, and if decorative street lights are installed, they must be provided by Progress
Energy and approved by the City of Winter Springs.
Section 4. Developer's Obligations. Developer agrees to perform the following
obligations:
4.1 Decorative Street Signs. To the extent that decorative street signs are part of this
Agreement as provided on Exhibit "1", Developer agrees to fully cooperate with the City to
purchase, install, and maintain up to 46 decorative street signs required by the Project as follows:
(A) Developer agrees to purchase and install the decorative street signs required to
complete the Project.
(B) In the event any of the decorative street signs must be replaced or repaired due to
damage, deterioration, or age, Developer agrees to repair or replace the decorative street signs at
its sole expense. Following turn-over and assignment of this Agreement pursuant to Section 7
herein, the Association shall pay the City the cost of the repairs or the cost of purchasing and
installing the replacement decorative street signs. Association's payment shall be made within
thirty (30) days of receipt of written notice from the City and prior to the replacement.
Notwithstanding, following turn-over, the City will be responsible for the repair or replacement
of any damaged, deteriorated, or aged street sign plate. All other components of the street sign
including, but not limited to, the foundation, framing, and pole will be the responsibility of the
Association.
(C) Developer agrees to purchase and maintain an inventory of extra decorative street
signs in an amount equal to ten percent (10%) of the total number of signs required by this
Agreement. Such inventory shall be stored with the City and shall be used for future sign repairs
and replacement for the Development. The City shall have the right to repair or replace any
street sign required by this Agreement or to purchase and install any additional decorative street
signs that the City determines are needed for traffic safety purposes within the Development. In
the event that a street sign must be replaced, repaired, or added and Developer has failed to
Form 04/12 Neighborhood Street Sign and Light Improvement Agreement
City of Winter Springs—Jesup's Landing 2012
Page 2 of 7
maintain the inventory, the City shall have the unconditional right to make said repairs,
replacement, or addition using a standard non-decorative street sign and recover the actual cost
thereof from Developer.
4.2 Decorative Street Lights. To the extent that decorative street lights are part of
this Agreement as provided on Exhibit "1", Developer agrees to fully cooperate with the City to
acquire, install, maintain, and operate up to 39 decorative street lights required by the Project as
follows:
(A) Developer shall assume the full responsibility of maintaining the Progress Energy
invoice for all of the street lights covered by the Project, including having the account placed in
the name of Developer and making prompt and timely payments on said account. Upon turn-
over to the Homeowners' or Community Association consistent with Section 7 of this
Agreement, said Association shall assume responsibility for the street lights and have the account
placed in its name.
(B) Developer shall be responsible for promptly reporting all broken or damaged street
lights directly to Progress Energy. The City reserves the right to do the same in the event that
Developer fails in said reporting responsibilities.
Section 5. City's Obligations. Subject to Developer's compliance with its payment
responsibilities set forth under this Agreement, the City agrees to perform the following
obligations:
5.1 Following turn-over pursuant to Section 7 of this Agreement, the City agrees to
pay the cost of purchasing replacement Sign Plates required for maintenance of the Project.
5.2 The City will assist Developer in coordinating with Progress Energy to acquire
and install the decorative street lights. Conditioned upon completion of each of the following: (i)
installation and the establishment of an account with Progress Energy; (ii) at least 50% of the
homes being occupied by private owners; and (iii) all common areas being built to 100%
completion, the City agrees to reimburse the Developer for the maintenance and operation of the
decorative street lights in an amount equal and strictly limited to the Street Light Base Rate. The
City shall not be obligated to reimburse Developer until each of the preceding conditions is met.
The City shall make the reimbursement on a quarterly basis. However, with respect to any
increase in the number of street lights above the number that were actually installed for
Developer at the effective date of this Agreement, the City shall not be responsible for the Street
Light Base Rate for the additional street lights unless the City agrees, in its discretion, that the
additional light(s) were required to bring Developer's street light plan into conformance with
Progress Energy's standard photometric requirements. Further, reimbursement shall only be
made for those street lights that are operational and only where Developer has provided to the
City proof of payment.
Form 04/12 Neighborhood Street Sign and Light Improvement Agreement
City of Winter Springs—Jesup's Landing 2012
Page 3 of 7
Section 6. Title to Street Signs and Lights. The right, title and interest of the
decorative street signs shall be vested in the City. The right, title and interest of the decorative
street lights shall be vested in Progress Energy. Developer shall have no property interest in the
decorative street signs and street lights.
Section 7. Assignment of Agreement. Upon Developer's 100% completion of the
Development (no onsite construction occurring or equipment remaining) and turn-over to the
Development's Homeowners' or Community Association ("Association"), Developer shall
assign this Agreement to the Association and the Association shall be responsible for the
Developer's obligations and commitments contained herein.
Section 8. Applicable Law; Venue. This Agreement shall be governed by and
construed in accordance with the laws of the State of Florida and the Winter Springs Code. The
parties agree that venue shall be exclusively within Seminole County, Florida, for all state
disputes or actions which arise out of or are based upon this Agreement, and in Orlando, Florida,
for all such federal disputes or actions.
Section 9. Amendments. This Agreement shall not be modified or amended except
by written agreement executed by all parties hereto and approved by the City Commission or
City Manager of the City of Winter Springs.
Section 10. Entire Agreement; Headings. This Agreement contains the entire
agreement between the parties as to the subject matter hereof. The Agreement may only bind the
City if executed by the City Manager or Mayor of Winter Springs. Paragraph headings are for
convenience of the parties only and are not to be construed as part of this Agreement. All
references to whole paragraph numbers (e.g. 2) shall include all subparagraphs thereunder (e.g.,
2.1).
Section 11. Severability. If any provision of this Agreement shall be held to be
invalid or unenforceable to any extent by a court of competent jurisdiction, the City shall have
the unconditional right to terminate this Agreement, modify this Agreement with the
Association's consent, or remain in the Agreement as modified by the court.
Section 12. 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
Statues, or any other limitation on the City's potential liability under state or federal law. Said
rights and limitations shall be deemed fully incorporated herein by this reference.
Section 13. Notice. All notices and correspondence in connection with this
Agreement must be in writing. Notice and correspondence shall be sent by first class mail or
hand delivered at the addresses set forth below or at such other addresses as the parties hereto
shall designate to each other in writing.
Form 04/12 Neighborhood Street Sign and Light Improvement Agreement
City of Winter Springs—Jesup's Landing 2012
Page 4 of 7
(a) If to the City:
City Manager
City of Winter Springs
1126 East State Road 434
Winter Springs, FL 32708-2799
407-327-5976 (Phone)
407-327-6695 (Fax)
(b) If to Developer:
Mattamy (Jacksonville) Partnership
Attn: Steven A. Parker
400 Park Avenue South
Winter Park, Florida 32789
407-599-2228 (Phone)
Section 14. Waiver Any forbearance by the City in exercising any right or remedy
under this Agreement shall not constitute a waiver of or preclude the exercise of any right or
remedy.
Section 15. City's Right to Seek Equitable Relief and Special Assessment.
Developer agrees, acknowledges and recognizes that any breach of this Agreement by Developer
may result in irreparable harm to the City. Developer agrees that in addition to and not in lieu of
all legal and equitable remedies available to City by reason of such breach, City shall be entitled
to equitable relief (including, without limitation, specific performance and injunctive relief) to
enjoin the occurrence and condition of the breach. Further, in the event Developer fails to make
any payments that are required herein, Developer acknowledges and agrees that the decorative
street signs and street lights provide a special benefit to the Association and its members and that
said special benefit is shared proportionately by all property owners within the Development. In
the event that the City determines that Developer has not made the payments required by this
Agreement, the City reserves the unconditional right to assess Developer and the Development's
individual property owners for Developer's costs for the decorative street signs and street lights.
In the event the City is required to initiate an assessment, Developer agrees to fully support the
assessment and Developer shall not contest, challenge or intervene in the assessment process.
Further, in the event that Developer defaults on any street light account with Progress Energy
which is covered by this Agreement, the City shall also, at its sole discretion, have the right to
transfer said accounts into the City's name and thereby assume all the rights afforded an account
holder.
Section 16. Attorneys Fees. The prevailing party in any litigation arising under this
Agreement shall be entitled to recover its reasonable attorneys' and paralegal fees and costs,
whether incurred at trial or appeal.
Form 04/12 Neighborhood Street Sign and Light Improvement Agreement
City of Winter Springs—Jesup's Landing 2012
Page 5 of 7
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first
written above.
WITNESSES:
DEVELOPER
MATTAMY (JACKSONVILLE)
PARTNERSHIP, a Florida general partnership
By: CALBEN (FLORIDA) CORPORATION,
Print Name a Florida Corporation,its general partner
Steven A. Parker, President
By: MBC (FLORIDA) CORPORATION, a
Florida Corporation, its general partner
Print Name
Steven A. Parker, President
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this day of
, 20 , by Steven A. Parker, in his capacity as President of Calben (Florida)
Corporation, and in his capacity as President of MBC (Florida) Corporation, each in its
respective capacity as general partner of Mattamy (Jacksonville) Partnership, a Florida general
partnership, on behalf of said general partnership, and ❑ who is personally known to me or ❑
who has produced a Florida Driver's License as identification and who did not take an oath.
(NOTARY SEAL)
Notary Public Signature
Typed or Printed Notary Name
Form 04/12 Neighborhood Street Sign and Light Improvement Agreement
City of Winter Springs—Jesup's Landing 2012
Page 6 of 7
CITY OF WINTER SPRINGS,
a Florida Municipal Corporation:
Print Name
Kevin L. Smith, City Manager
Print Name
STATE OF FLORIDA
COUNTY OF SEMINOLE
The foregoing instrument was acknowledged before me this day of ,
20 , by , City Manager of Winter Springs, Florida, who is personally
known to me.
(NOTARY SEAL)
Notary Public Signature
Typed or Printed Notary Name
Form 04/12 Neighborhood Street Sign and Light Improvement Agreement
City of Winter Springs—Jesup's Landing 2012
Page 7 of 7
NVId SNIdI818
sm-ug(Lot)
93 ANVILN sogrc "N01: 'OUNVIHO I 38VNDIS 3
, *
OLL", Hod ..E
SNVId
..dn., IL... IMA
SNVA3 Nomon
E bg
O
i
�m o m
. � a p
------------- iii
o
lit
- ---------- it
Df N
m m I
1001
------------
--------------
519 .1 .1 .9ox
m Ell Ili o
OT.
OOE
0
------- - Hil
Em ®R;
ILM
_ - a C
0
0
Oi
—— — —---------
2.9T.6E.8T N
II
n °
,R
r TEEraa
/ / e
i =
11 l i
li Y Q�Q
¢
" 6EEEB o `
9Ltrgpy .. " ry
n
0
eo 1�a `� _ /� m '�•'n
m „
rroDZ o
oro@
m y
se
ARY
1 r
e
4r,
�[@£E
m °
me
e�
M�
_ N
d �c
a
z N 3
°� m o a c 6•m'
8 s
ud "°
.......... Attachment 'B' - _ -- -- -
This Document NOT Intended
COPY For Recordation
THIS INSTRUMENT WAS PREPARED BY:
Mark A.Grimes,Esquire
Pohl&Short,P.A.
280 W.Canton Ave.,Suite 410
Winter Park,FL 32789
(407)647-7645
AND SHOULD BE RETURNED TO:
Anthony Garganese,Esquire
Brown,Garganese,Weiss&D'Agresta,PA.
111 N.Orange Avenue, Suite 2000
Orlando,FL 32801
(407)425-9566
DEVELOPER'S AGREEMENT
THIS DEVELOPER'S AGREEMENT (the "Agreement") is made and executed this
day of July, 2011, by and between the CITY OF WINTER SPRINGS, a Florida
municipal corporation(the "City"),whose address is 1126 East S.R. 434,Winter Springs,Florida
32708, and MATTAMY (JACKSONVILLE) PARTNERSHIP, a Florida general partnership
("Mattamy Homes"), whose address is 400 Park Avenue South, Suite 220, Winter Park, Florida
32789.
WITNESSETH:
WHEREAS, Mattamy Homes is the fee simple owner of(or has the contractual right to
purchase) certain real property located within the City in Seminole County, Florida and more
particularly described in Exhibit "A" attached hereto and incorporated herein by this reference
(the "Property"); and
WEREAS, Mattamy Homes intends to develop the Property as a single-family
H
residential (townhouse) community at a density of approximately one hundred seventy-one (171)
units at a density of 9.97 units per acre,to be known as "Jesup's Landing" (the "Project"); and
WHEREAS, pursuant to the approval of the City Commission on June 27, 2011,
Mattaray Homes desires to facilitate the orderly development of the Project on the Property as
depicted in that certain Conceptual Plan for Winter Springs Town Center - 17.15 Acre
Townhouse Site prepared by Evans Engineering, Inc., dated March , 2011 and approved by
the City Commission on June 27, 2011 (the "Conceptual Plan") in compliance with the laws and
regulations of the City; and
Development Agreement
i Mattamy(Jacksonville)Partnership/City of Winter Springs
Page 1 of 14
i
copy
WHEREAS, the City Commission has recommended entering into this Agreement with
3
Mattamy Homes for the development of the Project;and
WHEREAS, in addition to Mattamy Homes' compliance with the City Land
Development Code and the City Town Center District Code (together the "Code"), permitting
} and construction not in conflict herewith, the City and Mattamy Homes desire to set forth the
i following special terms and conditions with respect to the development and operation of the
Project.
NOW,THEREFORE, in consideration of the mutual promises and covenants contained
herein,the parties mutually agree as follows:
I
1. Recitals. The foregoing recitals are true and correct and are hereby incorporated
herein by this reference.
2. Authority. This Agreement is entered into pursuant to the Florida Municipal
Home Rule Powers Act.
3. Obligations and Commitments. In consideration of the City and Mattamy
Homes entering into this Agreement,the City and Mattamy Homes hereby agree as follows:
(a) Approval of Conceptual Plan. The City hereby acknowledges and agrees
that the Conceptual Plan is acceptable and was duly approved by the City Commission in
compliance with the laws and regulations of the City. A copy of the Conceptual Plan is
5 attached hereto as Exhibit`B" and fully incorporated herein by this reference. Mattamy
Homes acknowledges and agrees that the Conceptual Plan was prepared with preliminary
dimensions and that during the final subdivision and final engineering process such
dimensions shall be surveyed, duly engineered, and provided to the City. As such,
Mattamy Homes and the City agree that the Conceptual Plan is intended to be conceptual
in nature and subject to reasonable adjustments at the final subdivision and final
engineering phase in order to bring the Project into frill compliance with the City Code.
(b) Utilities. The City hereby acknowledges and agrees that it currently has
sufficient water and sewer treatment plant capacity available to service the Property and
shall provide such services to the Project as depicted in the Conceptual Plan. Mattamy
Homes shall install a six inch sanitary force main, to extend approximately 4,400 feet
from a planned on-site lift station to the existing six inch force main located south of the
Property near State Road 434 to serve the Property. All water and sewer improvements
required on-site and off-site to service the Property shall be at Mattamy Horses' expense.
However, to the extent any other properties utilize the force main constructed by
Mattamy Homes, they will reimburse Mattamy Homes their prorated share of the force
main prior to construction commencement. The City hereby agrees to provide a
temporary construction easement along the southern border of Central Winds Park to
facilitate the force main construction; provided, however, Mattamy Homes shall provide
I
,r
Development Agreement
Mattamy(Jacksonville)Partnership/City of Winter Springs
Page 2 of 13
COPY
the legal description for such easement. The terms and condition of said casement shall
be in a form acceptable to the City Attorney.
i
(c) Additional Non-Roadway Town Center Code Waivers. Based on the
f Conceptual Plan and Mattamy Homes' agreement to the terms and conditions set forth
herein, the City Commission hereby grants the following additional non-roadway waivers
to the Town Center District Code pursuant to the special exception criteria enumerated in
Section 20-321(c):
(i) In exchange for the green space north and west of the pool and
around the existing pond, and the related amenities thereto (walkways, benches,
i trees, lighted fountain feature), as depicted on the Conceptual Plan, the northeast
portion of the Property shall be utilized for a stormwater retention pond for the
Orange Avenue Segment and the Property, rather than for the "Orange Avenue
Park" as contemplated under the Code.
(ii) The Project shall provide only pedestrian and non-automotive
access to the adjacent high school property.
(iii) The townhouse units shall be permitted to have a finished floor
elevation less than twenty-four inches above the highest adjacent sidewalk grade.
Mattamy Homes acknowledges and agrees that any deviation from the Town Center
District Code not specifically enumerated in paragraph (c) above shall require separate
city commission approval in accordance with the special exception application procedure
and criteria set forth in.the Town Center District Code.
(d) Formation of Homeowners' Association. Mattamy Homes hereby
acknowledges and agrees that it intends to form a mandatory homeowners' association
(the "Homeowners'Association") for purposes of maintaining any and all common areas,
landscaping, entrance signs, walls, fences, alleys, recreational areas and stormwater
drainage facilities associated with the Project. A separate Declaration of Covenants,
Conditions and Restrictions (the "Declaration") will be executed and recorded among the
Public Records of Seminole County, Florida to evidence the formation of the
Homeowners' Association and establish its rights, duties and obligations. The
Declaration shall be in a form acceptable to the City Attorney and shall require the
Homeowners' Association, and the members thereof to be bound by the terms and
hconditions of this Agreement.
r:
(e) Buffer Walls and Fences; Trail Access. Notwithstanding the requirements
of Section 20-417 of the Code,Mattamy Homes shall install (i)a six(6)foot tall wrought
iron or similar fence along the southern boundary line of the Property which shall have at
Ieast three (3) pedestrian access points to the Seminole County trail, and(ii) a six(6) foot
j tall wrought iron or similar fence along the western boundary of the Property. The
foregoing fences shall each be erected as soon as reasonably practical and prior to any
Development Agreement
Mattamy(Jacksonville)Partnership/City of Winter Springs
Page 3 of 13
permanent vertical construction for the Project. Notwithstanding the foregoing to the
contrary, access will be available at all times for emergency vehicles. All pedestrian
access points to and from the Seminole County Trail shall be dedicated to the City on the
Final Plat,and any Project gates will remain unlocked.
(f) Signaae. The City hereby acknowledges and agrees that Mattamy Homes
shall have the right, upon the full execution of_this Agreement, to erect on-site
construction signs, marketing signs and temporary signs (including up to four (4)
"banner" signs) as described in Sections 20-470(10), 20-470(1.1) and 20-470(16) of the
Code, in locations reasonably acceptable to the City, which signs shall be permitted to
remain for a period of nine (4) months from the date hereof. Mattamy Homes shall
E thereafter have the right to erect permanent Project identification signage at the main
entrance to the Project, which shall consist of lettering attached to the two pier and
garden walls spelling "Jesup's Landing" (total signage dimensions to be approximately 1
foot high and 11 feet wide) as depicted on Exhibit"B"which is attached hereto and fully
incorporated herein by this reference. Any construction signs or marketing signs erected
on the Property shall not exceed sixty-four (64) square feet in size (total on-site). The
City hereby acknowledges and agrees that the Property shall not be subject to the
fourteen (I4) day limitation on the erection of temporary "banner" signs as provided in
Section 20-470(16) of the Code. Mattamy Homes and its successors and assigns shall
maintain all of the signs erected pursuant to this Section 3(h) in a good condition and
a
state of repair.
a Y (g) Sidewalks. All sidewalks shall comply with the Code (minimum six (6)
_ feet) except the sidewalk to be located around the lake and to the pedestrian access
located at the southwest corner of the Property as depicted on the Conceptual Plan shall
be a minimum of eight(8)feet in width. Further, a twenty(20)foot emergency stabilized
i path shall be constructed at the southeast corner of the Property and shall be stabilized to
facilitate emergency vehicle access. In addition, the Declaration shall establish easement
_{ rights in favor of the Homeowners' Association to permit sidewalks to extend into
individual townhouse lots as depicted in the Conceptual Plan.
(h) Model Units/Sales Office. Prior to the recording of the final plat,the City
agrees to permit Mattamy Homes to construct model townhouse units under the following
conditions:
(i) The model townhouse units shall be contained in a single building
(the "Model Building")and shall not exceed six(6)individual units.
(ii) The model townhouse units shall remain under Mattamy Homes'
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, Mattamy Homes shall not contract for sale, sell, or
lease any of the individual model townhouse units until such time as the City
Development Agreement
Mattamy(Jacksonville)Partnership I City of Winter Springs
Page 4 of 13
COPY
approves and records the final plat for the Project and issues a final certificate of
occupancy for each unit.
I (iii) The model townhouse 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.
i
(iv) Prior to the 'model townhouse construction, the model townhouse
units shall be duly permitted by the City in accordance with all City Codes. As
part of the building permit application, Mattamy Homes shall submit, along with
all construction plans for the townhouse units, a duly certified boundary survey
Iwhich shall depict the location and legal description of the model townhouse site
and each individual model townhouse lot. Mattamy Homes acknowledges and
agrees that this legal description is intended to coincide with the eventual location
of the townhouse lots as depicted and legally described on the final plat. Mattamy
Homes 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.
(v) At such time the City Building Official completes and approves a
final inspection of the model townhouse 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
townhouse units shall be limited to the sale and marketing efforts for the Project.
In addition, Mattamy Homes shall have the right to utilize one garage in the
v Model Building as a temporary sales office.
(vi) At the request of Mattamy Homes or at such time the Project
development is completed, whichever occurs sooner, Mattamy Homes shall file a
re-conversion permit application requesting that the model townhouse units be
j 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.
(i) Trash/Refuse Service. The City hereby agrees that trash and refuse pickup
will be provided for each individual residential unit, therefore no Project dumpsters will
be located on the Property as otherwise required pursuant to Section 9-280 of the Code.
(j) Pla_ ttin . Mattamy Homes shall be required to plat the Property in
accordance with Section 9-75 of the Code. Neighborhood Lane and Neighborhood Street
which are perpendicular to the trail shall be depicted on the Plat extending to the southern
boundary of the Property. Mattamy Homes shall submit a proposed lighting plan to the
City contemporaneously with its submittal of the proposed plat, unless the applicable
Development Agreement
Mattamy(Jacksonville)Partnership f City of Winter Springs
Page 5 of 13
information is received from Progress Energy in time to submit such plan at the time final
i engineering plans are submitted.
I
(k) Wetlands. The City hereby acknowledges and agrees that Mattamy
i Homes has sufficiently addressed the City's Comprehensive Plan requirements with
respect to wetland impacts and preservation.
A
I
s (1) Recreational Area. Mattamy Homes shall be required to provide
recreational areas within the Project in accordance with the Conceptual Plan.
i (m) Stormwater Pond Maintenance Berm. The City hereby agrees that
Mattamy Homes shall only be required to maintain a six (6) foot maintenance berm
around the Project retention pond rather than a ten (10)foot berm as required pursuant to
Section 9-241(d)(3)of the Code.
(n) Impact Fee Credits. The Orange Avenue improvements were completed
and accepted by the City Commission on May 14, 2007, and the transportation impact fee
credit available to Mattamy Homes is$358,750.00.
(o) Orange Avenue — Undergrounding Utilities. In conjunction with the
construction of Orange Avenue, Mattamy Homes shall underground all existing utility
lines running along the property's Orange Avenue frontage (south side only).
Transportation impact fee credits are not available for undergrounding utilities.
(p) Construction Truck Route. Mattamy Homes acknowledges and agrees that
the City desires to keep construction truck traffic along Tuskawilla Road north of State
Road 434 to an absolute minimum, especially over the brick paved portion of Tuskawilla
Road. As such prior to the commencement of Project construction, the City shall
determine(with the assistance of Mattamy Homes), an acceptable transportation route to
and from the Property for all large construction trucks and heavy machinery (e.g. dump
and concrete trucks). The City's determination shall be memorialized and delivered to
Mattamy Homes in writing. Mattamy Homes shall provide a copy of said determination
to all construction companies working at the Project. At all times, Mattamy Homes shall
require all such trucks to utilize the transportation route selected by the City. The City
may modify the transportation route at any time by providing written notice to Mattamy
Homes. Mattamy Homes agrees to indemnify and hold harmless the City for any damage
occurring to any City roadway located within the Town Center north of State Road 434
which is caused by any large construction trucks servicing the Project.
(q) Eastern Alley. The Alley located along the eastern boundary of the
Property as depicted on the Conceptual Plan shall be subject to a cross-access easement
which permits the adjoining property to use said Alley for pedestrian and vehicular traffic
at such time the adjoining property is developed. The cross-access easement shall ensure
connectivity between the Project and the future development project of the adjoining
property and shall be in a form acceptable to the City Attorney.
Development Agreemcnt
Mattasny(]acksonviIle)Partnership/City of Winter Springs
Page 6 of 13
COPY
(r) Other Code Deviations. Excluding the deviations from the Town Center
District Code which are addressed in paragraph (c), Mattamy Homes acknowledges and
agrees that the only other deviations from the City's Land Development Code authorized
j by this Agreement are:
i
i (i) The posting of banner signs in the manner provided in paragraph
(h).
(ii) Permission to construct model homes prior to the recordation of
the final plat as set forth in paragraph (h).
(iii) Permission to require individual trash pick-up instead of dumpsters
E and permission to require submittal of a street lighting plan with final
engineering/subdivision plans as set forth in paragraph(i).
(iv) The requirement of a six (G) foot wide maintenance berm around
the stormwater pond as set forth in paragraph(m).
(s) Decorative Regulatory Sig_nagg and Lighting. Prior to issuance of
certificate of completion and acceptance of the infrastructure, MATTAMY HOMES and
the CITY shall enter into a separate Use and Maintenance Agreement outlining
responsibilities related to the decorative street lights and signage, including but not
j limited to, the cost differential between maintaining standard street lights and signs and
9
the decorative street lighting and design requirements of the Town Center Plan. Said
' agreement shall substantially conform to the standard decorative street light and signage
form agreement that was previously approved by the City Commission to be utilized on a
citywide basis which shall be assignable and run with the land. MATTAMY HOMES
acknowledges that prior to turning the homeowner's association over to its members,
MATTAMY HOMES will assign the Use and Maintenance Agreement to the
homeowner's association for continuation of obligations related thereto.
(t) Orange Avenue Park. Mattamy Homes shall be permitted to utilize the
northeast corner of the Property (depicted as "Orange Avenue Park" in the Code) for
stormwater retention, with sufficient capacity to accommodate the volume of stormwater
runoff generated by the Orange Avenue Segment and the Project; provided,however,the
use of such area shall meet the requirements of Chapter S - Tree Protection and
Preservation-of the Cade.
K
Any other deviations from the City's Land Development Code shall require separate
approval from the City Commission by development agreement.
4. Representations of the Parties. The City and Mattamy Homes hereby each
represent and warrant to the other that it has the power and authority to execute, deliver and
perform the terms and provisions of.this Agreement and has taken all necessary action to
authorize the execution, delivery and performance of this Agreement. This Agreement will,
when duly executed and delivered by the City and Mattamy Homes and recorded in the Public
it
Development Agreement
Mattamy(Jacksonville)Partnership/City of Winter Springs
Page 7 of 13
COPY
Records of Seminole County,Florida, constitute a legal,valid and binding obligation enforceable
against the parties hereto and the Property in accordance with the terms and conditions of this
Agreement. Mattamy Homes represents that it has voluntarily and willf illy executed this
Agreement for purposes of binding the Property and the Homeowners' Association, and the
members thereof,to the terms and conditions set forth in this Agreement.
i
i 5. Successors and Assigns. This Agreement shall automatically be binding upon
and shall inure to the benefit of the City and Mattamy Homes and their respective successors and
assigns including, but not limited to, the Homeowners' Association and the members thereof.
The terms and conditions of this Agreement similarly shall be binding upon the Property and
� shall run with title to the same.
6. Applicable Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Florida.
7. Amendments. This Agreement shall not be modified or amended except by
written agreement duly executed by both parties hereto (or their successors or assigns) and
approved by the City Commission.
8, Entire Agreement. This Agreement supersedes any other agreement, oral or
written, and contains the entire agreement between the City and Mattamy Homes as to the
subject matter hereof.
9_ 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.
10. Relationship of the Parties. The relationship of the parties to this Agreement is
contractual and Mattamy Homes is an independent contractor and not an agent of the City.
1 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.
11. 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 the state and federal law.
12. City's Police Power. Mattamy Homes agrees and acknowledges that the City
hereby reserves all police powers granted to the City by law. In no way shall this Agreement be
'! construed as the City bargaining away or surrendering its police powers.
13. Interpretation. The parties hereby agree and acknowledge that they have both
participated equally in the drafting of this Agreement and no party shall be favored or disfavored
regarding the interpretation to this Agreement in the event of a dispute between the parties.
Development Agreement
Mattamy(Jacksonville)Partnership 1 City of Winter Springs
Page 8 of 13
-
14. Permits_ The failure of this Agreement to address any particular City, county,
t`
state, and/or federal permit, condition, term, or restriction shall not relieve Mattamy Homes or
the City of the necessity of complying with the law governing said permitting requirements,
conditions,term,or restriction.
15. Third-PartyRiglits. 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.
16. Specific. Performance. Strict compliance shall be required with each and every
provision of this Agreement. The parties agree that failure to perform the obligations provided
by this Agreement shall result in irreparable damage and that specific performance of these
obligations may be obtained by a suit in equity.
17. Attorney's Fees. In connection with any arbitration or litigation arising out of
this Agreement, the prevailing party shall be entitled to recover reasonable attorney's fees and
costs through all appeals to the extent permitted by law.
18. Development 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 Mattamy Homes 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 Mattamy Homes is in breach of any term or condition of this Agreement.
19. Termination. The City shall have the unconditional right, but not the obligation,
n to terminate this Agreement, without penalty, if MATTAMY HOMES fails to apply for and to
7 obtain infrastructure permits for roads, sidewalks, water, sewer, utilities and perimeter fencing,
and to re-commence construction of the Project within two (2) years of the effective date of this
Agreement. Before the City terminates this Agreement, the City shall first provide Mattamy
Homes a Notice of its intention to terminate, and permit Mattamy Homes to provide proof of its
compliance with these terms within 30 days of its receipt of Notice. In the event Mattamy Homes
is unable to provide satisfactory proof of its compliance with these terms, the City may record a
notice of termination in the public records of Seminole County,Florida.
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
x 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.
Mattamy Homes Mattamy(Jacksonville)Partnership
Development Agreement
Mattamy(Jacksonville)Partnership/City of Winter Springs
Page 9of13
11440 `!
i Steven A.Parker
400 Park Avenue South, Suite 220
Winter Park,Florida 32789
Attention:
With a copy to: Mark Grimes,Esq.
Pohl&Short,P.A.
280 West Canton Avenue, Suite 410
Winter Park,FL 32789
(407)647-7645
(407)647-2314 (fax)
City: Kevin Smith
City Manager
City of Winter Springs
1126 East State Road 434
Winter Springs,Florida 32708
Telephone: (407)327-5957
Fax: (407)327-4753
With a copy to: Anthony A. Garganese
Brown, Garganese,Weiss &D'Agresta,P.A.
111 N. Orange Ave, Suite 2000
Orlando,Florida 32801
r Phone: (407)425-9566
Fax: (407)425-9596
i
21. Special Effective Date; Termination, Escrow and Recording Provisions.
(a) This Agreement shall become effective only between the City and Mattamy Homes
upon approval by the City Commission and execution of this Agreement by both parties hereto.
This Agreement shall not be binding upon or run with the Property until recorded by the City
` Attorney pursuant to the escrow terms and conditions stated herein. All prior City Developer's
Agreements recorded in the Official Records of Seminole County, Florida upon the Property
shall remain binding upon the Property until terminated by the City by recording this Agreement
or some other recordable instrument expressing the City's desire to so terminate.Nothing herein
shall be construed as the City abrogating, waiving, or releasing any rights the City may have
against prior developers or sureties under or through any prior developer's agreements recorded
against the Property, or as abrogating, waiving, or releasing any rights or claims that the City
may have against any surety that previously provided the City with a bond or letter of credit as a
result of any prior development project approved by the City for the Property.
i
Development Agreement
Mattarny(Jacksonville)Partnership/City of Winter Springs
Page 10 of 13
COPY
(b) Upon execution of this Agreement by the parties, the original Agreement shall be
delivered to the City Attorney who shall maintain the Agreement in escrow until authorized by
I the City, in writing, to release the Agreement in accordance with the provisions of this
Agreement. The City and Mattamy Homes agree to indemnify and hold harmless the City
Attorney in the performance of the written escrow instructions received by the City Attorney and
set forth in this Agreement.
1
(c) Upon this Agreement becoming effective between the City and Mattamy Homes,
Mattamy Homes shall have eighteen(18)months in which to complete and obtain City approval
of the final plat and final engineering plans for the Property consistent with the terms and
conditions of this Agreement and to provide the City with a letter of credit (or other form of
security deemed acceptable to the City) ensuring that all public infrastructure and improvements
required by the final plat and final engineering plans will be completed and maintained in
accordance with this Agreement and City Code. In the event Mattamy Homes fails to obtain said
approval and provide such security within this time period,this Agreement shall automatically be
deemed void ab initio and the parties shall have no further rights or obligations hereunder.
Further,the City Attorney shall release the Agreement from escrow to the City for public record
archive purposes only.
(d) However, if Mattamy Homes timely obtains approval of the final plat and final
engineering plans and provides the City with a the aforementioned letter of credit(or other form
of security deemed acceptable to the City) within the eighteen (18) month time period, the City
Attorney shall be authorized to release the Agreement from escrow and record this Agreement in
the Official Public Records of Seminole County, Florida. Upon recordation of this Agreement,
the Agreement shall be deemed binding upon and shall run with the Property, and all prior
development agreements recorded against the Property by the City shall be deemed terminated,
and of no force and effect, including the Developer's Agreement between the City of Winter
'- Springs and Barclay Woods 11, LLC, a Florida limited liability company, as recorded in Official
Records Book 5643 at page 1555, the prior Phase l Site Development Permit Agreement
between the City of Winter springs and Barclay Woods lI, LLC, a Florida limited liability
company, as recorded in Official Records Book 5735 at Pages 422-430, and the prior
Developer's Agreement between the City of Winter Springs and Chan Q. Nguyen and Ngan M.
Nguyen, as recorded in Official Records Book 4794 at Pages 1715,to the extent that they impact
the Property. The termination of the prior Developer's Agreements shall not be construed as the
City abrogating, waiving, or releasing any rights or claims that the City may have against any
surety that previously provided the City with a bond or letter of credit as a result of any prior
development project approved by the City for the Property.
[Signatures Follow on Next Pages]
i
i
Development Agreement
Mattamy(Jacksonville)Partnership/City of Winter Springs
Page 11 of 13
This Document NOT Intended
COPYFor Recordation
IN WITNESS WHEREOF, the parties have hereunto set their hands and seat on the
date first above written.
CITY OF WINTER SPRINGS
1 By:
Ch•r es Lacey,Maya
ATTEST
By:
Zvi
enzo Luaces, City Clerk
COPY
( APPROVED AS TO FORM AND LEGALITY
For the use and reliance of the City of Winter
{ Springs,Florida,onl .
CITY SEAL; Dated:
Antbony e rganese, City Attorney for
,. the City of Winter Springs,Florida
§TATE OF FLORIDA
COUNTY OF SEMINOLE
Personally appeared before me, the undersigned authority, Charles Lacey and Andrea
Lorenzo Luaces, well known to me to be the Mayor and City Clerk respectively, of the City of
"Winter Springs, Florida, and acknowledged before me that they executed the foregoing
instrument on behalf of the City of Winter Springs, as its true act and deed, and that they were
duly authorized to do so.
Y
5
Witness my hand and official seat this }0�_day of ly, 2011.
(NOT ��Y:�.,y Pubtic State of Fla�da
ndrea �orenzo•f_uaces Notary P'' lic
lz y COMMIssion EE087574 ,xpires mfwonvs My commission expires: S 4,
Development Agreement
Mattamy(Jacksonville)Partnership I City of Winter Springs
Page 12 of 13
COPYThis Document NOT Intended
For Recordation
Witnesses:
MATTAMY (JACKSONVILLE) PARTNERSHIP,
a Florida general partnership
By; CALBFN (FLORIDA)
CORPORATION, a Florida ojporation, i-
general partilel"
Prin[Nai�i Steven arker, P sident
Pi'n aIne:
By: MB IDA) CO POR Tl0 , a
Flo or 1, gal rtner
PI"Illt Name: ,rte Q Ga W esident
P:i 1t i me:
COPY
STATE OF FLORIDA
COUNTY OF ORANGE
The foregoing was acknowledged before me this day of .Iuly, 2011 by Steven A.
Parker, in his capacity as President of Calben (Florida.) Corporation, and in his capacity as
President of MBC (Florida) Corporation, each ill its respective capacity as general partner of
Mattanly (Jacksonville) Partnership, a Florida general partnership, on behalf of said general
partnership, and who [ j is personally known to me or ] who has produced a Florida driver's
license as identification.
NOT Y PU C
My Commission Expires: �,,
KIMBERLY M.CHARLES
MY COMMISSION#EE040339
EXPIRES November 08,2014
(4�rj 988.0163 FtohdeNa[s Servloe.com
Development Agreement
Mattamy(.laci<sojivilie) Partnership/City of Winter Springs
Page 13 of I')
0 Py
EXHIBIT "A"
Legal Description
Parcel 1:
Lot 15,Block B,D.R. MITCHELL'S SURVEY OF THE LEVY GRANT, as recorded in
Plat Book 1,Page 5,of the Public records of Seminole County,Florida.
Parcel 2:
Lot 16, Block B,D.R. MITCHELL'S SURVEY OF THE LEVY GRANT, as recorded in
Plat Book 1,Page 5,of the Public Records of Seminole County,Florida.
3
.h
I
:i
J S_. e
EXHIBIT
IT
C �•
i 1
i H I I
' 4l_r - I 1= I 1
g4
i i ,{ f
II � •, f
__J/
'i '� - w a n e o. I•
o a i - S
aa+ Y
f, q g
if
s i r • C '16 a 6 8 s 4 g B r
I, @4
ji
i
b
_ -
MIN
i_ ! 13 a vvviv
ar
enevra LR,IC+,rra 5 y[c
co-NCEPTVAL a,vw
A PLAN wnsvr Hpf56 �oaLAlloo, RAFl,oF a aov
umr•a���
.m®-�.,.--nv-.,.,rs.�.•..nom..,....-�„.�, �.,......-_