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HomeMy WebLinkAbout2012 11 19 Consent 207 Moss Park Apartments Tree Mitigation COMMISSION AGENDA Informational Consent X ITEM 207 public Hearings g Regular November 19, 2012 KS RS Special Meeting City Manager Department REQUEST: The Community Development Department, Urban Beautification Division, is requesting that the City Commission approve a payment of$21,785.56 from CPG Construction, LLLP to the City of Winter Springs, to serve as satisfaction of the tree mitigation requirement of a Settlement Agreement approved on November 14, 2011 under Agenda Item 501 for the Moss Park Apartments (formerly 'The Fountains at Moss Park" and "Saratoga Condominiums"). SYNOPSIS: Staff is requesting that the City Commission approve a payment of $21,785.56 from CPG Construction, LLLP to the City, for Moss Park Apartments, to satisfy tree mitigation required by the Arbor Ordinance, as negotiated under Commission Agenda Item 409 (September 11, 2006), and as required by the Settlement Agreement (Section 2.0,e,ii) executed December 20, 2011 between Atlantic Housing Partners, LLLP and the City of Winter Springs. The funds will be credited to the Arbor Fund and used toward landscape improvements in the areas of State Road 434 and North Moss Road. CONSIDERATIONS: On September 11, 2006, under Agenda Item 409, the City Commission approved a tree mitigation plan for tree removals performed as part of the original site development for Saratoga Condominiums by Metropolis Homes. As mitigation for tree removals, in addition to tree planting required onsite, the plan required Metropolis Homes to install sixty-five (65) canopy trees and forty-four (44) understory trees along North Moss Road and at the entrance to the development. Consent 207 PAGE 1 OF 2- November 19,2012 Unfortunately, after all original trees on the site were removed and a bulk of the site work complete, the remainder of the project was left untouched for several years. The City later learned that Metropolis Homes would be unable to completed the project. In the mean time, the City secured a forestry grant that funded the entire cost of installing trees along North Moss Road from SR 434 to SR 419 as part of a community beautification project. In fact, additional trees, beyond the number required by the original agreement and as referenced in the settlement agreement, were able to be and have been installed. Since trees have already been installed along North Moss Road,planting the additional trees required for mitigation would not be practical. As a result, Staff worked with representatives of the current developer to negotiate a plan that, if approved by the Commission, would allow the current developer to make an Arbor Fund Donation to satisfy the mitigation requirements of the project, to be utilized in a future beautification and tree planting project in the same general area. FISCAL IMPACT: Payment in the amount of$21,785.56 will be deposited into the Arbor Fund (110) and held in fund balance for future landscape improvements at State Road 434 and North Moss Road. 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: The Community Development Department, Urban Beautification Manager, is requesting that the City Commission approve a payment of$21,785.56 from CPG Construction, LLLP to the City of Winter Springs, to satisfy the tree mitigation requirement of the Settlement Agreement approved on November 14, 2011 under Agenda Item 501 for the Moss Park Apartments (formerly 'The Fountains at Moss Park" and "Saratoga Condominiums"), with these funds to be placed in the Arbor Fun (110) to be used to fund future landscape improvements in the area of State Road 434 and North Moss Road. ATTACHMENTS: A) Moss Place Apartments Tree Mitigation Payment Package B) City Commission Agenda Item 501 -November 14, 2011 Consent 207 PAGE 2 OF 2- November 19,2012 ...11.....11.. Ih....lIIIII :II" IL 'A' m m C � TM Lj C _rI C> 700 W. Morse Blvd., Suite 220 Winter Park, FL 32789 Telephone: (407) 741-8543 Facsimile: (407) 643.2560 TRANSMITTAL LETTER DATE: October 23, 2012 TO: City of Winter Springs Attn: Steven Richart 1126 E. State Road 434 Winter Springs, FL 32708 PROJECT(S): MOSS PARK WE TRANSMIT: ❑ HEREWITH x VIA nand delivery FOR YOUR: ❑ APPROVAL ❑ REVIEW ❑ USE ❑ INFORMATION THE FOLLOWING: Check #2009245 in the amount of $21,785.56 for mitigation of trees per the Developers Agreement REMARKS: For your use, thank you. BY: Paul Askew Regional Construction Manager COPIES TO: File DEVELOPERS •BUILDERS•MANAGERS OF INCOME PRODUCING PROPERTIES MHP-00O2\Project Specific FilesTioride AcliveWoss Park Apariments\08 Construction\2012-10-23_T-CPG_CityWS_CheckMiligation_.doc 131 Arm q6■ CONSTRUCTION October 23, 2012 To Whom It May Concern: We, CPG Construction, LLLP, are transmitting to the City of Winter Springs a check in the amount of$21,785.56. The amount of this check is based upon a cost estimate, attached, of the actual price to supply and install the specified trees along Moss Road, per the Development Agreement. As the City states there is no longer a need for additional trees along Moss Road, it has been determined that we will deposit the agreed upon amount with the City of Winter Springs for the use of a new landscape median island at the North intersection of Moss Road and SR 434. This arrangement will satisfy the requirement of section 2.0,e,ii of the Settlement Agreement, executed December 20, 2011. Sincerely, 7 Pul Askew Regional Construction Manager CPG Construction,L.L.L.P. 700 West Morse Boulevard,Suite 220 • Winter Park,Florida 32789 o Phone(407)740-7100 Project Name. Project Phase: WAek It "Afters-l" Proposal Date. A"t 17,2012 Girard Environmental Services,Inc. Owner/CC::CPG Construction]CLEF Mailing: Post Office Box 1119 Sanford,FL 32772 Address:!700 W.Morse I?Ivd Suite 220 Physical.701 Codisco Way Sanford,FL 32771 Minter Park,FL 32789 Tim Wilson,Director of Business Development Attention. Paul Askew Mobile:407-9W8080 twilsonftirardonline.corn Position: Office:' Dwight Schlicht,Chief Estimator Fax: Office:407-7085698 Fax-07-302-5573 Molifle: dschtkht@oarderdine.com Emad,.'�paskow@cpgoonstmction.com .......... ......... ..... Davis-Bacon Act: No Jursidictiom :City of Winter_Springs Jessica Lunsford A& CCIP Project: No Bid Bond lNo i CCIP Project: No P&P Bond No ODP Project: -Architect/Designer Date 'Sheets Received �AddendumsReceive Site/Civil Plans Irrigation Plans Hardscape Plans PDA .4/11/05 Rev ;LOS Landscape Plans Chief Estimators Comments: Permit,Bonding&Fees Site Preparation Equipment Rental CTree Installation 21,032 Mulch Installa#an 754 Rock Installation fSod Instal[lation Authorized Signature Date Signed Landscape Package $ 21,786 Days Print Name Estimated Start Date Requested Alternates $0 Suggested Alternates $o The detail for these alternates is provided on page 2 of this proposal. 9/14/2012 I1:20 AM Page 1 of 2 OTree Wtallation QLY FAch Total O&VI"065G __ 65Ga1 1244' 3"Cid S'Cr 6 178A 1,070.98 Grape Myrtle 130G 30Go1 10'Ht 3-5 Trunks SICT 44 —12W6 5,633.05 Oak'Sand Live'FG 3"+ 12-141 3A S'Cr 242.84 - —14,327,84 Fertflization Tablets 0.00 OTMItistaftwn 21,031.79 Mulch lrtstallatioti 113 pHgn of Work Qty IFa6 [Total Pine Bark TTu ets 20 1 3701 753.77 Mulch wtanation 753.77 UnZo—pe Packs 21,785.56 l 9/14/2012 11:20 AM Page 2 of 2 CPG Construction, LLLP City of Winter Springs DATE. "INVOICE NO DESCRIPTION INVOICEAMOUNT: 10/22/12 102212MPK Pint for Mitigation of 21..785. 56 . 00 21785. 56 IHICK DATE K 10/22/12 NUMBER TOTAL, 21785 . 56 . 00 21785. 56 PLEASE DETACH AND RETAIN FOR YOUR RECORDS CPG CDnStrllCtlDny LLLP Seaside National Bank&Trust rl O 700 West Morse Blvd. Suite 22t? rl n Orange Ave,suite lssa Oando,FL 32801 Winter Park FL 32 789' 63-1608 631 - DATE. CHECK NO. AMOUNT . .. October 22, 2012 $*****21,786.56 Pay:******Twenty-one thousand seven hundred eighty-five dollars and 56 cents TWO SIGNATURES REQUIRED IF OVER$50,000.00 PAY City of Winter Springs VOID AFTER 90 DAYS TO THE .. ORDER OF MEMO ttac,lhiirr u t °II: ° COMMISSION AGENDA Informational Consent ITEM 501 public Hearings X Regular November 14, 2011 KS Regular Meeting City Manager Department REQUEST: The City Attorney is requesting the City Commission's consideration of a Settlement Agreement in the case Atlantic Housing Partners L.L.L.P., a Florida Limited Liability Partnership et. al. v. City of Winter Springs CASE NO. 6:10-CV-01905-MSS-DAB In and Before the Federal District Court in Orlando, Florida, and CASE NO. 10-57-AP In and Before The Circuit Court of Seminole County, Florida SYNOPSIS: The City was required by the Federal District Court to attend binding mediation in the case Atlantic Housing Partners L.L.L.P., a Florida Limited Liability Partnership et. al. v. City of Winter Springs CASE NO. 6:10-CV-01905-MSS-DAB In and Before the Federal District Court in Orlando, Florida, and CASE NO. 10-57-AP In and Before The Circuit Court of Seminole County, Florida. During the mediation process, the Parties discussed a possible settlement. A tentative Settlement Agreement may have been reached which requires final City Commission consideration by November 14, 2011. The terms and conditions of the Settlement Agreement are being finalized and are expected to be distributed to the City Commission and the public by Friday, November 11, 2011. CONSIDERATIONS: 1. The Plaintiffs filed a lawsuit in State and Federal Court alleging the City violated state law and the Federal Fair Housing Act when the City denied the Plaintiffs application for a multi-family housing project in the Town Center. 2. The Plaintiffs are seeking injunctive relief, reversal of the City's decision, and damages in excess of$7,000,000. 3. The City attended mediation per the direction of the Federal Court. 4. A tentative Settlement Agreement may have been reached during the mediation Public Hearings 501 PAGE 1 OF 2-November 14,2011 process which requires final Commission consideration. 5. The terms and conditions of the Settlement Agreement are being finalized and are expected to be distributed to the City Commission and the public by Friday, November 11, 2011. FISCAL IMPACT: The fiscal impact will be identified in the Settlement Agreement which will be provided by Friday, November 11, 2011. 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, eAlert/eCitizen Recipients, 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: The City Attorney recommends that the City Commission consider the proposed Settlement Agreement and take whatever action deemed appropriate. ATTACHMENTS: 1. Settlement Agreement(to be provided by November 11, 2011) Public Hearings 501 PAGE 2 OF 2-November 14,2011 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION CASE NO. 6:10-CV-01905-MSS-DAB Atlantic Housing Partners L.L.L.P., a Florida Limited Liability Partnership; Town Parke, Ltd., A Florida Limited Partnership; CPG Construction, L.L.L.P, a Florida Limited Liability Partnership; Global Realty Company, L.L.L.P., a Florida Limited Liability Partnership; Concord Management, Ltd., a Florida Limited Partnership, Plaintiffs, V. City of Winter Springs, Florida, a political subdivision of the State of Florida, Defendant. IN THE CIRCUIT COURT OF THE EIGHTEENTH JUDICIAL CIRCUIT IN AND FOR SEMINOLE COUNTY, FLORIDA CASE NO: 10-57-AP Atlantic Housing Partners L.L.L.P., a Florida Limited Liability Partnership, Petitioner, V. City of Winter Springs, Florida, a political subdivision of the State of Florida, Respondent. Draft 11.10.11 Outline of Settlement Terms and Conditions. If the following outline of settlement terms and conditions are approved by the City Commission and Plaintiffs at the November 14, 2011 City Commission meeting, the parties will promptly incorporate them into a formal binding settlement agreement to be executed by the parties: a. Site for Development: The Plaintiffs acknowledge the City Commission's position in this Litigation regarding the application and enforcement of the Town Center Comprehensive Plan provisions, particularly Future Land Use Element, Policy 2.3.3, which requires that all proposed development projects within the Town Center optimally increase and diversify the City's tax base and economic well-being. In acknowledgement of the City Commission's position, Plaintiffs agree to amicably resolve the Litigation by foregoing the proposed Town Center development project now and in the future on the condition that the City of Winter Springs hereby agrees with Plaintiffs request to expeditiously approve a different multi-family project located generally at the intersection of S.R. 434 and Moss Road and with a Parcel ID of [Parcel ID] . The Moss Road development is currently to be called The Fountains at Moss Park (which may be changed at Plaintiffs' sole discretion)("Moss Road Site"). The parties acknowledge that the Moss Road Site was previously approved by the City Commission for an 84 unit multi-family development in accordance with a series of development permit approvals in 2004 and 2006 ("Saratoga Project"). However, the parties further acknowledge that although the previous developer commenced construction of the Draft 11.10.11 2 site infrastructure for the Saratoga Project, the Saratoga Project was abandoned and the infrastructure is not in use. To the extent maximally feasible, Plaintiffs and the City desire to make use of the existing site infrastructure constructed for the Saratoga Project for the economic benefit of each other's interests under the terms and conditions stated herein. b. Aesthetic Review Package Approval for The Fountains at Moss Park: The City Commission hereby approves the Aesthetic Review Package attached hereto and fully incorporated herein as EXHIBIT "A." Final permits for the Moss Road Site shall be subject to the expedited permit approval process set forth in paragraph c. C. Expedited Final Permitting Process. i. After approval of The Fountains at Moss Park Aesthetic Review Package by the Winter Springs City Commission, the remaining City permits and approvals required by City Code for The Fountains at Moss Park project shall be subject only to administrative approvals by the City's Manager, City Engineer, and Building Official. Such approvals include, but are not limited to, final engineering plans and building permits with such approvals not to be unreasonably withheld. ii. The time period for the City of Winter Springs to review any submittals for construction of any improvements for The Fountains at Moss Park shall be a maximum of ten (10) business days from the date that the submittals are received by the City. If any provision in a submittal is not consistent with the Winter Springs Draft 11.10.11 3 Comprehensive Plan, Land Development Regulations or City codes and ordinances or is incomplete per the requirements of applicable law, the City will provide written notice to the Plaintiffs identifying the inconsistency and/or incompleteness and the information required to correct the deficient submittal. Plaintiffs will then correct the inconsistency and/or incompleteness and resubmit the required information as soon as practicable. Upon receipt of the required information, the City will have an additional ten (10) business days for the review of the resubmittal effective from the date that the resubmittal was received by the City. This paragraph does not apply to any inconsistencies specifically allowed by this settlement agreement. In furtherance of Plaintiffs completing the permitting process for The Fountains at Moss Park project agreed to under the settlement agreement, the City of Winter Springs shall execute any complete permit applications required by any other governmental agency which is submitted by Plaintiffs requiring City signature (i.e. FDEP sewer permits). The City agrees to sign any such completed application within ten (10) business days following the date that the City received the completed application for signature. In the event that the City determines that the application is incomplete, the City shall notify Plaintiffs of any incompleteness within five (5) days of submittal of the permit application(s) and Plaintiffs will properly complete the application and resubmit it to the City for signature. Draft 11.10.11 4 iii. The City of Winter Springs shall provide cooperation and technical assistance in securing any easements required for development. iv. Notwithstanding the aforesaid in this Paragraph c., Plaintiffs acknowledge that the City currently contracts with Seminole County for fire services and relies on Seminole County for the review and approval of development plans related to compliance with the Florida Fire Protection Code and Life Safety Code. Therefore, Plaintiffs agree that the aforementioned time frames are not applicable to Seminole County and that the City shall not be held responsible for Seminole County failing to meet said time frames. d. Si2nne i. City of Winter Springs shall allow an additional Project Entry Icon (tower) for The Fountains at Moss Park, adjacent to the S.R. 434 now. on property contiguous to The Fountains at Moss Park property, as identified in The Fountains at Moss Park Aesthetic Review Package submitted for approval. Plaintiffs shall provide a properly executed and recorded easement confirming the private easement agreement with the adjoining property owner. Such Project Entry Icon (tower) shall be subject to City of Winter Springs codes and ordinances except off-site signage which is hereby waived. Further, the Project Entry Icon shall also be constructed to also accommodate the future development of the commercial frontage parcel along S.R. 434. Draft 11.10.11 5 .., e. On-site Landscape Design; Moss Road Landscape Proiect. i. The Plaintiffs agree that the on-site landscape plan shall comply ,' with the City's applicable landscape and arbor code and shall be in substantial accordance with the landscape plans previously approved by the City Commission for the abandoned Saratoga Project. Additionally, in the event the Plaintiffs wish reasonably to modify these plans (such as but not limited to shifting landscape oil III islands), the City Manager is authorized reasonably to review and approve such changes in order to accommodate Plaintiffs' landscape plan with such approvals not to be unreasonably withheld. I,I ii. In addition to the on-site landscape plan, Plaintiffs desire to ^I beautify the surrounding community and add value to The Fountains at Moss Park project by providing and installing, at its � own cost, native canopy trees in the City's rights-of-way on both� sides of Moss Road from SR 434 to SR 419 and to install additional trees at the entrance of the project all in substantial accordance with the terms and conditions set forth in City„ Commission Agenda Item 409 which was previously approved by the City Commission on September 14, 2006. A copy of the Agenda Item is attached hereto and fully incorporated herein as EXHIBIT `B." However, the City shall be responsible for obtaining any R.O.W. and easements necessary for such plantings and for any relocation of existing facilities/utilities reasonably , Draft 11.10.11 6 04 � necessary to complete the installation. The City agrees to be responsible for and maintenance at its own cost of such plantings once installed in a workman like manner. m �� ���i��„ ��10�„ ��10�„ ��10�„ ��10�„ ��10� ;;V °d °d ,a� ���i��„ ���i��„ ��10� ,10, ������ ,INS„ ,INS, ,INS„ f. Certificate of Occupancies. p cies. City of Winter Springs agrees to provide Certificates of Occupancy, on a per-building basis, as the individual buildings are completed. Issuance of Certificates of Occupancy are subject to utilities and parking being available to the unit and no hazardous conditions which impact the building granted a Certificate of Occupancy, approval of which will not be unreasonably withheld. g. Permit, Impact and Connection Fees for Development i. The parties acknowledge and agree that Plaintiffs will be required to pay normal City and County impact, connection, plan review and permit fees as applicable to permit construction. Plaintiffs will make such payments by wire transfer or other cleared funds (e.g. bank issued check or money order). ii. In settlement of the Litigation, the City agrees to pay to Plaintiffs in installments an amount equal to the amounts Plaintiffs pay to City in paragraph g(l) above with the City's payments to be made within two (2) business days of any wire transfer/cleared funds payment made by Plaintiffs. h. Request for transfer of LIHTC Allocation: Within two (2) days of the City Commission approving The Fountains at Moss Park Aesthetic Review Package, the City will submit a written request to Florida Housing Finance Draft 11.10.11 7 Corporation (FHFC) for the transfer of the Town Park Housing LIHTC allocation to The Fountains at Moss Park property. i. Police Officer: The Plaintiffs and the City agree to jointly work together in good faith to request that the Florida Housing Finance Corporation (FHFC) approve the dedication of one no less than two-bedroom unit of the development to an on-site Winter Springs police officer's residence. Should FHFC not approve dedication of one unit to a police officer's residence, then such refusal shall NOT be grounds for avoidance of this settlement rather this term shall simply become a nullity. The on-site police officer shall live at the site for the same affordable rate as other qualifying affordable rate residents in a like-kind unit without respect to that officer's income qualification for same unit. In the even that no Winter Springs officer chooses to use such apartment, then Plaintiffs may allocate the apartment as they reasonably see fit. j. Support of 55 Plus Resident: The Plaintiffs agree to provide discounts and financial incentives (in amount set in their sole and reasonable discretion) to elderly residents (defined as 55 plus) and further agree to provide early and on- going marketing to elderly residents. There is, however, no requirement that The Fountains at Moss Park be restricted to residents that have at least one resident that is 55 or older and to prohibit residents that are under 18 years of age. The Fountains at Moss Park will not be an age restricted community. k. Gated Community and Management: The Plaintiffs agree that The Fountains at Moss Park shall be a gated community with property management that is reasonably the same as that site management that the Plaintiffs provide at their other communities. The gate will be maintained in good working order and Draft 11.10.11 8 shall be operational at all times, but is only required to be closed for site security purposes at a minimum between dusk to dawn. 1. Good Corporate Citizens: The Plaintiffs, or those acting on their behalf, agree and pledge to be good corporate citizens of the City of Winter Springs and support Winter Springs' community activities, In furtherance of this pledge, Plaintiffs agree that among them, at least one of them will, upon request by the City or upon their own initiative, be an annual financial sponsor of at least one signature, annual City special event such as the 4m of July Celebration, Hometown Harvest, Holiday Parade, or Spring Event. Prior to the Plaintiffs committing to sponsor a particular event, the City will provide the Plaintiffs with a list of sponsorship levels and opportunities to select from that are generally available to all potential corporate sponsors. While Plaintiffs intend to be good corporate citizens indefinitely, the requirement for this sponsorship shall sunset in ten years at which point such sponsorship requirement may continue but will not be mandatory. M. Lot Split: The City Commission approves the lot split of the subject parcel between the commercial and residential zoned sections. The technical details of the lot split shall be overseen and approved by the City Manager in accordance with City Code requirements, with the lot split not required to be made prior to the issuance of building permits but only required prior to the issuance of Certificates of Occupancy. Upon approval of the technical lot split requirements by the City Manager, the City Commission will ratify the lot split by resolution per the City Code and the resolution shall be recorded in the Official Records of Seminole County, Florida. Draft 11.10.11 9 n. Dismissal of the Litigation: Plaintiffs agree to dismiss the State Court (Case No. 10-57-AP) and Federal Court (Case No. 6:10-CV-01905-MSS-DAB) Litigation with prejudice contingent upon the following conditions: (1) final approval of The Fountains at Moss Park by the City of Winter Springs as contemplated herein; (2) reimbursement of the City impact, connection, plan review and permit fees as outlined above; and (3) approval by FHFC of the request to transfer the Town Park Housing Credit allocation to The Fountains at Moss Park property. If any of these conditions do not occur for any reason whatsoever, Plaintiffs will not dismiss the Litigation with prejudice and such litigation may proceed unaffected. Upon execution of the settlement agreement, Plaintiffs and the City shall immediately notify the State and Federal Court that a conditional settlement agreement has been reached and request that the Courts stay any further action in the cases until such time that Plaintiffs file a dismissal with prejudice or the parties notify the Courts that the Litigation must continue because the conditions of dismissal stated in the settlement agreement were not satisfied. The details of effectuating the purposes of such stay and the manner in which it is achieved (including through a vehicle other than a stay), may be reasonably dealt with by the attorneys for the parties. o. Mutual Releases; No Liability. Upon dismissal of the Litigation as outlined above, each party shall release and hold harmless the other (inclusive of all principals, employees, attorneys, elected and appointed officials) from the beginning of time through the date of dismissal, including a release of all liabilities and claims that were raised in the Litigation or which could have been raised including, by way or example and not limitation, through a counter claim(s) Draft 11.10.11 10 by defendant, with the parties bearing their own legal fees, costs, expert fees and the like. In addition, neither party admits any wrongdoing in connection with the settlement of this Litigation. Plaintiffs and the City, without admitting liability or fault, mutually agree to settle the Litigation because each has decided settlement is in their best interest, given the expense and burden of continued litigation. 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EAST ELEVATION NN ORTI-I AND S ELEVATIONS iY f II °i^ f FA 00-k'S'—sw a Sl WEST T ELEVATION THE FADUNTA v 0 sw .................... . .......... Al LI..... �M T--`-M,'1t Awl- . ............... C 5fiON,46d ML-',/A­n'CN (414 r:N71PAN--E,` C,0 L U VN ="E--AI—S RAI!IN f r,7 A I P/11 011 r E W"E w I T f MA9 K,y l ... ........... ......... W, MO PARK' APART ENTS 77 AW w%oulm of 1�1:�—71'�,H T ".err a ulle—lo D loll, Moko 111H c ,I OWIX, 6WO!PM't 44111 M V*Al,r". [!7w lo,rg& 1"' 1A f—,7,7777, s'I&', 7[7,77, R I M A.W 11 'tE `71 ............. 11L fK aOLU"N SEC-ION5 F�-NCE CO-LNN (rill/ ppr ��o ///%�/,��/!Di,✓ COWMISSION AGENDA CCyN',SFNT INFORMATIONAL ITSM 4 9 PUBLIC HEARNG REGULAR September 11,2006 MGR�'"!��" DEPT. Regular ular Meeting Authoriz an REQUEST: Community Development Department, Urban Beautification Set-vices Arbor Division, Requesting Approval For T'hc Installation Of Canopy Trees Along Moss Road To Mitigate Tree Removals At The Saratoga Condominiums Site. PURPOSE: The purpose of this Commission hens is to request authorization for the installation of canopy trees along Moss Road, by Metropolis Homes, as pant of tree mitigation for Saratoga Condominiums and to enhance the Public Rights-o -Tl iq bordering SR 434 Village Wank. The Saratoga Condominiums are to be located on approximately (9) nine acres of land adl"acent to SR 4:34 Villda v TValk at t'v"loss Road and State Road 434, in the City of Winter :Springs. The Developer, Metrolaolis Homes, wishes to beautify the surrounding Community and add valtue to the project while mitigating tree removals by installing an additional (59) Sand Live oak canopy trees and(a5) Live oak craaacalry trees. Metropolis l'-Tomes has generously offered to provide and install native canopy trees in the rights-of-way can both sides ofAlloss.l o add rwn R 434 to SR 419, and to install additional trees at the entrance to the Development. City Staff has wonted with Metropolis Tonics in determining, the optimum tree species arid layout for the area that will ensure long term benefit and sustainability„ 091106_COMM Consent 409_Saratoga Condominiums_Tree Plan Once installed, the canopy trees located on Rights-of-Way along Moss Road will become public property and be established by City Staff. Regular on-going maintenance of the trees will be performed by the City Rights-of-Way, Medians, and Ponds Contractor. FUNDING Funding for the canopy tree purchase and installation is not required of the City. Funding for establishment and continued maintenance of the canopy trees, at a cost of$1,800 annually, will come from the Urban Beautification Line Code (1525-54682) - R&M Grounds, beginning in FY '06 -07. This funding will include manual watering of the new trees until they are adequately established and occasional watering, trimming and fertilization thereafter. RECOMMENDATION: Staff recommends the City Commission approve the installation of canopy trees located in the Rights-of-Way along Moss Road and at the entranceway to Saratoga Condominiums, by Metropolis Homes; to become public property after installation. Staff also recommends the City Commission approve the expenditure of$1,800 annually for the care and maintenance of canopy trees installed by Metropolis Homes, in the City Rights-of- Way,as part of this project. IMPLEMENTATION SCHEDULE: Metropolis Homes will complete the installation of canopy trees along Moss Road, to the satisfaction of the City,prior to the issuance of the Certificate of Occupancy for the 50'' residential unit. City Staff will supervise the installation of all trees put in the City Rights-of- Way. 091106 COMM Consent 409_Samtoga Condominiums_Tree Plan ATTACHMENTS: 1. Saratoga Condominiums—Sheet L05 Rev. 8/24/06(N. Moss Road Street Tree Plan) COMMSSION ACTION: PL-ANT LIST; MxsrMCm w r�s OTY 0:" CC"iONRMIE(BOTA CAL,NAME P bf-ECrICAPOgO ^x '=171=" TREE$: a x - J a Err Eavt OAK Mtx ERCW vIWWr,AAA). aeE 6oOE T LM M . �^�� bU'A.a l'..,l7'-p+a"Ndl,J°CCII„*r"CT,BrM.Lr,gfy4AXA4 LEADER �. "•••:,�.••. '�•®.••«•••,• 44 L CRAM,PTT'RILF da.ArjeRSIAZeMIA INDINCAk BEE&4 EET 1.073 "� 11 '&o 6AL-IO W,S-9'HAI6 TK C9,FULL,W CB N LTI-TFU V, i � u�a rm R I � M I RTY 4L LANDSCAPE PLAN ........ _...... f ARTCA L,a,ND6CAPE FL4N November 14, 2011 The attached document pertains to the Settlement Agreement Public Hearings 501 as a technical change was made to the attached. n. Dismissal of the Liti ag tion: Plaintiffs agree to dismiss the State Court (Case No. 10-57-AP) and Federal Court (Case No. 6:10-CV-01905-MSS-DAB) Litigation with prejudice contingent upon the following conditions: (1) final approval of The Fountains at Moss Park by the City of Winter Springs as contemplated herein; (2) Feifflbtwsement of the ifnmpao,eefifteatie: pi roy,iL-w n.,d-pei- tit fees as eudine d .. eve-ful.filtment of the terms cif Paragiraph a. . herein Above; and (3) approval by FHFC of the request to transfer the Town Park Housing Credit allocation to The Fountains at Moss Park property. If any of these conditions do not occur for any reason whatsoever, Plaintiffs will not dismiss the Litigation with prejudice and such litigation may proceed unaffected. Upon execution of the settlement agreement, Plaintiffs and the City shall immediately notify the State and Federal Court that a conditional settlement agreement has been reached and request that the Courts stay any further action in the cases until such time that Plaintiffs file a dismissal with prejudice or the parties notify the Courts that the Litigation must continue because the conditions of dismissal stated in the settlement agreement were not satisfied. The details of effectuating the purposes of such stay and the manner in which it is achieved (including through a vehicle other than a stay), may be reasonably dealt with by the attorneys for the parties.