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Home My WebLink About2018 11 19 Consent 302 Neighborhood Public Street Improvement Agreement for The Blake ApartmentsCOMMISSION AGENDA ITEM 302 Informational Consent X Public Hearings Regular November 19, 2018 KS BF Regular Meeting City Manager Department REQUEST: The Community Development Department is requesting that the City Commission approve a Neighborhood Public Street Improvement Agreement with The Blake Apartments developer, Winter Springs Apartments LP. SYNOPSIS: The Blake Apartments project includes enhanced improvements in the public streets including, decorative signage, decorative striping landscaping, hardscaping, irrigation, and other improvements. The subject agreement, which is a requirement of the Developer's Agreement, memorialized the Developer's construction and maintenance obligations for the enhanced street improvements. CONSIDERATIONS: . A Development Agreement for The Blake Apartments project was approved by the City Commission on March 10, 2015. The First Modification of Development Agreement was approved by the City Commission on January 9, 2017. The First Modification of the Development Agreement requires the installation of enhanced improvements to the public rights-of-way, including decorative signage, decorative striping, landscaping, hardscaping, irrigation and other improvements. The First Modification also requires the Developer to enter into a separate agreement for purposes of construction and maintaining, at the Developer's expense, the enhanced street improvements. . Under the terms of the Neighborhood Public Street Improvement Agreement, the Developer, Winter Springs Apartments LP, is required to construct and maintain the Consent 302 PAGE 1 OF 2 - November 19, 2018 IROORZLQJHQKDQFHGVWUHHWLPSURYHPHQWVPRVWRIZKLFKKDYHDOUHDG\EHHQLQVWDOOHG 'HFRUDWLYHVLJQDJHLQWKHSXEOLFVWUHHW { 'HFRUDWLYHVWUHHWOLJKWVLQVWDOOHGLQWKHSXEOLFVWUHHWVLQFRQMXQFWLRQZLWKWKH { 3URMHFWDVVKRZQRQWKHDSSURYHG)LQDO(QJLQHHULQJ3ODQV 8UEDQGHVLJQIHDWXUHVLQWKHURXQGDERXWLQFOXGLQJDQ\GHFRUDWLYHFRQFUHWH { SDYHPHQWEULFNSDYHUVGHFRUDWLYHFURVVZDONVDQGDOOODQGVFDSLQJ HOHFWULFDODQGLUULJDWLRQLQWKHFHQWUDOLVODQG $OOODQGVFDSLQJDQGLUULJDWLRQLQWKHSXEOLFVWUHHWVLQFOXGLQJZDWHU { FRQVXPSWLRQPDLQWHQDQFHLQFOXGHVPRZLQJZHHGLQJWUHHWULPPLQJDQGRWKHU VHUYLFHVQHFHVVDU\WRPDLQWDLQWKHODQGVFDSLQJDVVKRZQRQWKHDSSURYHG)LQDO (QJLQHHULQJ3ODQV 'HFRUDWLYHFURVVZDONVWULSLQJLQWKHSXEOLFVWUHHWV { 6LWHZRUNIRUWKH%ODNH$SDUWPHQWVSURMHFWLVH[SHFWHGWREHFRPSOHWHE\WKHHQGRI z WKH\HDU 7KH1HLJKERUKRRG3XEOLF6WUHHW,PSURYHPHQW$JUHHPHQWLVVXEMHFWWRPLQRU z UHYLVLRQVRIWKHOHJDOWHUPVEDVHGRQWKHILQDOUHYLHZDQGDSSURYDOE\WKH&LW\ $WWRUQH\ ),6&$/,03$&7 7KHUHLVQRILVFDOLPSDFWDVVRFLDWHGZLWKWKLVDJHQGDLWHP &20081,&$7,21())2576 7KLV$JHQGD,WHPKDVEHHQHOHFWURQLFDOO\IRUZDUGHGWRWKH0D\RUDQG&LW\&RPPLVVLRQ &LW\0DQDJHU&LW\$WWRUQH\6WDIIDQGLVDYDLODEOHRQWKH&LW\¶V:HEVLWH/DVHU)LFKHDQG WKH&LW\¶V6HUYHU$GGLWLRQDOO\SRUWLRQVRIWKLV$JHQGD,WHPDUHW\SHGYHUEDWLPRQWKH UHVSHFWLYH0HHWLQJ$JHQGDZKLFKKDVDOVREHHQHOHFWURQLFDOO\IRUZDUGHGWRWKHLQGLYLGXDOV QRWHGDERYHDQGZKLFKLVDOVRDYDLODEOHRQWKH&LW\¶V:HEVLWH/DVHU)LFKHDQGWKH&LW\¶V 6HUYHUKDVEHHQVHQWWRDSSOLFDEOH&LW\6WDII0HGLD3UHVV5HSUHVHQWDWLYHVZKRKDYH UHTXHVWHG$JHQGDV$JHQGD,WHPLQIRUPDWLRQ+RPHRZQHU¶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ŽŶƐĞŶƚϯϬϮW'ϮK&ϮͲEŽǀĞŵďĞƌϭϵ͕ϮϬϭϴ Prepared by and Return to: Anthony A. Garganese, City Attorney Garganese, Weiss, D’Agresta & Salzman, P.A. 111 N. Orange Avenue, Suite 2000 Orlando, Florida 32802 NEIGHBORHOOD PUBLIC STREET IMPROVEMENT AGREEMENT This Neighborhood Public Street Improvement Agreement (“Agreement”) is made and City of Winter entered into this _____ day of __________________, 2018, by and between the SpringsWinter Springs Apartments LP, , a Florida municipal corporation (“City”), and a Delaware limited partnership (“Developer”). WITNESSETH: WHEREAS , Developer is the developer of The Blake Multi-Family Residential apartment project (“Development” or “Project”) located within the City of Winter Springs, Florida which is described in the Developer’s Agreement, dated March 10, 2015 and recorded in the Official Records of Seminole County, Florida at Official Record Book 8446 Pages 1131-1144 and described in the First Modification of Development Agreement, dated January 9, 2017 and recorded in the Official Records of Seminole County, Florida at Official Record Book 8852 Pages 1719-1728 and described by Plat – WINTER SPRINGS APARTMENTS – A REPLAT in the Official Records of Seminole County, Florida at Plat Book 82 Pages 63-66 defined below; and WHEREAS , the City generally provides standard street improvements located on City public streets that traverse through the real property which constitutes the Development; and WHEREAS, Developer and the City desire to provide enhanced street improvements at the Developer’s expense under the terms and conditions herein; and WHEREAS, Section 3 (f) of the First Modification of Development Agreement requires the Developer to enter into this Agreement for purposes of constructing and maintaining, at Developer’s expense, enhanced design features and landscaping on the public streets and roundabout constructed for the Project approved by the City including, but not limited to, decorative signage, striping, urban design features incorporated into the roundabout, brick pavers, landscaping and related irrigation, and other enhanced design features; 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 other property owners subject to the Developer’s Agreement and First Modification of Development Agreement, and incidentally to the rest of the citizens of Winter Springs. Neighborhood Public Street Improvement Agreement City of Winter Springs Page1of9 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: “Property”Exhibit “A” 2.1 shall mean the real property legally described on which is attached hereto and fully incorporated herein by this reference. [[617,973,907,1030][12][B,I,][Times New Roman]]“Sign Plate” 2.2 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. Section 3.Scope of Project . The City and Developer agree that this Agreement shall run with and bind the Property. Further, this Agreement covers both enhanced decorative public street improvements, signs, landscaping and irrigation, and hardscape pursuant to the requirements of the First Modification of Development Agreement. The Enhanced Improvements are specifically stated in Section 3 of the First Modification of Development Agreement. The City and Developer agree that Developer purchased, installed, and will maintain and operate the Enhanced Improvements for the life of the Project approved by the First Modification of Development Agreement. The parties acknowledge that all decorative street signs installed on public streets must comply with the standards of the Manual of Uniform Traffic Control Devices, latest edition, and the City of Winter Springs. Section 4. Developer’s Obligations . Developer agrees to perform the following obligations: 4.1[[599,1950,1168,2007][12][B,I,][Times New Roman]]Enhanced Improvements. Developer agrees to the following: (A) Developer acknowledges and agrees that pursuant to Section 3 of the First Modification to Development Agreement, Developer constructed the following Enhanced Improvements: Decorative signage in the public streets ¼ Decorative streetlights installed in the public streets in conjunction with the ¼ Project, as shown on the approved Final Engineering Plans Urban design features in the roundabout, including any decorative concrete ¼ pavement, brick pavers, decorative crosswalks, and all landscaping, electrical and irrigation in the central island All landscaping and irrigation in the public streets, including water ¼ Neighborhood Public Street Improvement Agreement City of Winter Springs Page2of9 consumption; maintenance includes mowing, weeding, tree trimming, and other services necessary to maintain the landscaping as shown on the approved Final Engineering Plans Decorative crosswalk striping in the public streets ¼ (B) Developer shall assume the full responsibility of maintaining the Enhanced Improvements including, but not limited to, water consumption, mowing, weeding, tree trimming, and other services necessary to maintain the landscaping as shown on the Final Engineering Plans. As such, in the event any of the Enhanced Improvements must be replaced or repaired due to damage, deterioration, or age, Developer agrees to promptly and timely repair or replace the Enhanced Improvements at its sole expense. For purposes of this Agreement, the phrase “public streets” shall mean, with respect to Developer’s obligations hereunder, the public right-of-way for Michael Blake Boulevard, Eagle Edge Lane, Sea Hawk Cove, and Tree Swallow Drive, only (See Exhibit B). (C) With respect to street signs covered by the Project, in the event that a street sign must be replaced, repaired, or added, and Developer has failed to perform the necessary repair, replacement, or addition, the City shall have the unconditional right to make said repairs, replacement, or addition using decorative or a standard non-decorative street sign and recover the actual cost thereof from Developer. (D) In the event that the Developer has failed to perform the necessary repair or replacement of any of the Enhanced Improvements as required by Subsection (B) above, the City shall have the right, but not obligation, to make said repairs or replacement and recover the actual cost thereof from Developer. Prior to exercising said right, the City shall provide the Developer written notice and an explanation of the specific default and at least thirty (30) days in which to cure the default. If Developer fails to cure the default by the end of the cure period, the City can exercise its rights to repair and replace at any time thereafter. (E) With respect to the streetlights covered by the Project, Developer agrees to fully to acquire, install, maintain, and operate all decorative streetlights required by the Project as shown on the approved Final Engineering plans. Developer shall assume the full responsibility of maintaining the Duke Energy invoice covering all streetlights in the Development, including the account placed in the name of the Developer and making prompt and timely payments on said account. Developer shall also be responsible for promptly reporting all broken or damaged streetlights directly to Duke Energy. The City reserves the right to do the same in the event that Developer fails in said reporting responsibility. 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: Neighborhood Public Street Improvement Agreement City of Winter Springs Page3of9 5.1 Following the initial purchase and installation of the decorative street signs by Developer, the City agrees to pay the cost of purchasing replacement Sign Plates required for maintenance of the Project. All other components of the street sign including, but not limited to, the foundation, framing, and pole will be the responsibility of the Developer. Section 6. Title to Street Signs . The right, title and interest of the decorative street signs shall be vested in the City. Developer shall have no property interest in the decorative street signs. Section 7. Recordation; Assignment of Agreement. This Agreement shall be recorded by the City in the Official Records of Seminole County, Florida and said Agreement shall run with the Property. Further, upon sale of the Development by Developer, Developer shall assign this Agreement to the buyer thereof and such buyer shall be responsible for the Developer’s obligations and commitments contained herein. Section8. 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. Section10 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. Neighborhood Public Street Improvement Agreement City of Winter Springs Page4of9 Section13. 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. (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: c/o Winter Springs Apartments, LP Attention: Mark Mechlowitz 800 Glenwood Avenue, Suite H Atlanta, GA 30316 678-666-1282 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 Enhanced Improvements provide a special benefit to the Property, 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 repair or replacement of any of the Enhanced Improvements. 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. Neighborhood Public Street Improvement Agreement City of Winter Springs Page5of9 Further, in the event that Developer defaults on any street light account with Duke 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. [Signature Page Follows] IN WITNESS WHEREOF , the parties have executed this Agreement as of the date first written above. WITNESSES: DEVELOPER Winter Springs Apartments LP _____________________________, a Delaware limited liability company By: Catalyst Development Partners LLC, _____________________________ Print NameA Delaware limited liability company, its sole member By: _____________________________ Mark Mechlowitz, Authorized Person STATE OF FLORIDA COUNTY OF ___________________ The foregoing instrument was acknowledged before me this ____ day of _____________, 2018, by Mark Mechlowitz, as Authorized Person of Winter Springs Apartments LP, a Delaware limited liability company, , and who is personally known to me and who did not take an oath. Neighborhood Public Street Improvement Agreement City of Winter Springs Page6of9 (NOTARY SEAL) ___________________________________ Notary Public Signature ___________________________________ Typed or Printed Notary Name WITNESSES:CITY: _____________________________ 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 ____________, 2018, by___________________, City Manager of Winter Springs, Florida, who is personally known to me. (NOTARY SEAL) ___________________________________ Notary Public Signature ___________________________________ Typed or Printed Notary Name Neighborhood Public Street Improvement Agreement City of Winter Springs Page7of9 EXHIBIT A Property Description WINTER SPRINGS APARTMENTS – A REPLAT, according to the Plat thereof, as recorded in Plat Book 82, Pages 63 through 66, inclusive, Public Records of Seminole County, Florida. Neighborhood Public Street Improvement Agreement City of Winter Springs Page8of9 EXHIBIT B Right-of-Way Exhibit Neighborhood Public Street Improvement Agreement City of Winter Springs Page9of9 ÜßÌÛÒÑò ÎÛÊ×Í×ÑÒÍ ÚÔ Ô×Ýò ý ×ÞÛÉ ÐÛÒÍ×ÑÒ ÚËÒÜ ñ É×ÒÌÛÎ ÍÐÎ×ÒÙÍ ØÑÔÜ×ÒÙÍ ÎÖÔÝØÛÝÕÛÜæ ÛÒÙ×ÒÛÛÎæ ï ÚÑÎ ÎÛÊ×Í×ÑÒÍ ÐÛÎ Ý×ÌÇ ÝÑÓÓÛÒÌÍ ÜßÌÛÜ ðçñîìñïëïðñïíñïë ÜÎßÉ×ÒÙ ×Í ÝÑÎÎÛÝÌ ÌÑ ÌØÛ ÞÛÍÌ ÑÚ Ø×ÍñØÛÎ ÕÒÑÉÔÛÜÙÛò ÔßÇÑËÌ ÐÔßÒ É×ÒÌÛÎ ÍÐÎ×ÒÙÍô ÚÔÑÎ×Üß ÞÛ ÙËßÎßÒÌÛÛÜô ÌØÛ ÛÒÙ×ÒÛÛÎ ÞÛÔ×ÛÊÛÍ ÌØ×Í ÎÛÝÑÎÜ Î×ÜÜÛÍ×ÙÒÛÎæ î ÎÛÊ×Í×ÑÒÍ ÐÛÎ Ý×ÌÇ ÝÑÓÓÛÒÌÍ ÜßÌÛÜ ïïñðíñïëïïñïçñïë ÉßÍÌÛÉßÌÛÎ ÍÇÍÌÛÓÍò ßÔÌØÑËÙØ ÌØÛ ßÝÝËÎßÝÇ ÝßÒ ÒÑÌ ßÒÜ É×ÌÒÛÍÍÛÜ ËÌ×Ô×ÌÇ ÌÛÍÌ×ÒÙ ÑÚ ÜÎ×ÒÕ×ÒÙ ÉßÌÛÎ ßÒÜ îðï Ó×ÝØßÛÔ ÞÔßÕÛ ÞÔÊÜ ÓßÍÌÛÎ Í×ÌÛ í×ÒÜ×ÝßÌ×ÒÙ ÝØßÒÙÛÍ ×ÒÝÑÎÐÑÎßÌÛÜ ÜËÎ×ÒÙ ÝÑÒÍÌÎËÝÌ×ÑÒô ÎÛÊò ÐÛÎ ÑÐÛÒ ÛÒÙò ÝÑÓÓÛÒÌÍ ÜßÌÛÜ ïîñðèñïëðïñïíñïé ÚßÐÐÎÖò ÓÙÎæ ÎÛÊ×ÛÉ ÑÚ ÝÑÒÌÎßÝÌÑÎ ÚËÎÒ×ÍØÛÜ ÎÛÜÔ×ÒÛÜ ÐÔßÒÍ ÚÔò Ô×Ýò ýêçðçî ÐÛÎ×ÑÜ×Ý Ú×ÛÔÜ ÑÞÍÛÎÊßÌ×ÑÒÍ ÜËÎ×ÒÙ ÝÑÒÍÌÎËÝÌ×ÑÒô ß ë ÚÎßÒÕ ßò ÐÑÎÌÛÎô ÐòÛò Ú×ÒßÔ ßÐÐÎÑÊÛÜ ÐÔßÒÍ ßÍ ÑÚ ðêñïîñîðïéðêñïîñïé ßÌ ÌØ×Í ÎÛÝÑÎÜ ÜÎßÉ×ÒÙ ×Í ÞßÍÛÜ ÑÒ ÌØÛ ÎÛÍËÔÌÍ ÑÚ Ô×Ó×ÌÛÜ ÛÒÙ×ÒÛÛÎ É×ÒÌÛÎ ÍÐÎ×ÒÙÍ ßÐßÎÌÓÛÒÌÍ ÎÛÝÑÎÜ ÜÎßÉ×ÒÙ ïíðíìÖÑÞ ýæ è ÓÞÞ ú ÍÎìíì ×ÒÌÛÎÍÛÝÌ×ÑÒ ÎÛÊ×Í×ÑÒ ðéñðêñïé ððððððõõõðððïïïï ïï ððððððõõõèèèððïï ððïï ððððððõõõêêê ï î î íðêõððíðêõððíðêõððíðêõððíðèõððíðèõððíðèõððíðèõððíïðõððíïðõððíïðõððíïðõðð