HomeMy WebLinkAboutDream Finders Homes LLC & Guardian DFH III LLC Development Agreement (Northern Oaks) - 2020 08 14\0
Z GRANT MALOY, SEMINOLE COUNTY
CLERK OF CIRCUIT COURT & COMPTROLLER
CFN#,2020088756 Bk:9677 Page:148,8-1497
REC: 08/14/2020 8:04:�02 AM by cjmes
RECORDING FEES $86.50
THIS INSTRUMENT WAS PREPARED BY
AND SHOULD BE RETURNED TO:
Anthony A. Garganese
City Attorney of*Winter Springs
Garganese, Weiss. D'Agresta & Salzman, P.A.
I I I N. Orange Avenue, Suite 2000
Orlando, FL 32802
(407) 425-9566
DEVELOPMENT AGREEMENT
Northern Oaks Subdivision
THIS DEVELOPMENT AGREEMENT ("Agreement") is made and executed this
day of 2020, by and between the CITY OF WINTER SPRINGS,
a Florida Municipal Corporation ("City"), whose address is 1126 East S.R. 434, Winter Springs,
Florida 32708, and DREAM FINDERS HOMES LLC, a Florida Limited Liability Company,
whose address is 14701 Philips Highway, Suite 300, Jacksonville, Fl- 32256, (`'`Developers"),
and NORTHERN OAKS HOMEOWNERS ASSSOCIATION, INC., a Florida not -for -profit
corporation, whose address is 14701 Philips Highway, Suite 300, Jacksonville, 1`1 32256, and
GUARDIAN DFH HI LLC, a Delaware I.Arnited Liability Company, whose address is 8246 E,
Northfield Blvd,, Suite 2510, Denver, CO 80238, a consenting property owner.
WITNESSETH:
WHEREAS, Developers are the Developers of the Northern Oaks subdivision,
consisting of 20.130 acres, more or less, of real property located generally east of the intersection
of SR 434 and SR 417, Winter Springs, Seminole County, Florida, more particularly described
herein ("Property-), and
WHEREAS, the Northern Oaks Final Engineering plans were approved by the City
Commission at its March 13, 2017 meeting and the Northern Oaks plat was approved by the City
Commission at its June 11, 2018 meeting; and
WHEREAS, on March 13, 2017, at the time of Final Engineering approval. Developers'
predecessors sought and received waivers from the City Code to. (I ) reduce the rear yard setback
to 20 feet in lieu of 25 fleet; and (2) reduce the side yard setback to 5 feet in lieu of 6 I'M
pursuant to Sec. 20-186(2)-(3) for the entire Subdivision; and
WHEREAS, the approval of the above -referenced waivers increased the buildable area
of the 35 single-family lots in the subdivision; and
DEVELOPMENTAGREEMENT
City of'Winter Springs
Page I of 10
WHEREAS, as an oversight, Developers' predecessors failed to also seek waivers to
increase the permissible maximum lot coverage in the R-1 single-family dwelling district from
forty percent (40%) to fifty percent (50%); and
WHEREAS, the Developers have now sought such a waiver, which was approved
subject to the preparation of a Development Agreement at the November 18, 2019 City
Commission meeting; and
WHEREAS, in reviewing the lot coverage waiver application, the City's contracted
engineer retrieved the permitted plans and stormwater calculations from the St. John's River
Water Management District (SJRWMD) permit for the subdivision to verify that the increase in
total impervious area per lot would not result in deficient stormwater ponds constructed to serve
the subdivision; and
WHEREAS, the engineer confirmed that the calculations for the wet ponds indicate
there is more volume than required for the original design and that the ponds have sufficient
capacity to allow the developer to increase the impervious area on each lot to fifty percent (500/0)
coverage; and
WHEREAS, nevertheless, the City Commission requested that this Development
Agreement be prepared to ensure that Developers would be responsible for remediating any
issues regarding deficiencies of the stormwater ponds; and
WHEREAS, this Development Agreement shall be recorded against the property so that
the terms and conditions of approval related to the Project shall run with the land; and
NOW THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties mutually agree as follows:
1.0 Recitals. The foregoing recitals are true and correct and are hereby incorporated
herein by this reference.
2.0 Authority, This Agreement is entered into pursuant to the Florida Municipal
Home Rule Powers Act.
3.0 The Proaerty. The real property subject to this Agreement is legally described in
EXHIBIT "A", attached hereto and fully incorporated herein by this reference ("Property").
4.0 Waiver Requests. Developer Dream Finders Homes LLC, requested and
received a waiver from Sec. 20-187 of the City Code to increase the maximum lot coverage for
from forty percent (40%) to fifty percent (501/6) ("Waiver"), subject to the execution of this
Agreement, and kept on file with the City with the following file number:
File No: ZP2019-0013 - NORTHERN OAKS WAIVER
DEVELOPMENT AGREEMENT
City of Winter Springs
Page 2 of 10
5.0 Private Stormwater System. The Northern Oaks subdivision, approved
on June 11, 2018 by the City Commission, and recorded in the Seminole County Plat Book 83,
Pages 41-44, is served by a private stormwater system, with pond tracts owned by the Northern
Oaks Homeowner's Association and drainage easements dedicated to the Northern Oaks
Homeowner's Association for ownership and maintenance of drainage facilities. Drainage
easements were dedicated to the City of Winter Springs only for emergency maintenance and
inspection purposes. Accordingly, it is the Northern Oaks Homeowner's Association that is
responsible for the operation and maintenance of the stormwater facilities constructed to serve
the subdivision. Furthermore, except with respect to rainfall from a hurricane or 100-year storm
event, should any stormwater facilities be deemed deficient or designed without sufficient
capacity to accommodate the increased impervious coverage requested by the Developers
through the Waiver, the Developers and/or the Northern Oaks Homeowner's Association shall be
fully responsible, at their sole cost, to remedy the deficiencies. Developers and Homeowner's
Association shall be jointly and severally liable hereunder to remedy any stormwater facility
deficiencies until such time that the Developers have closed out the Northern Oaks project by
completing the development of the entire project and fully turning over the project to the
Homeowner's Association. At such time the project is fully turned over to the Homeowner's
Association, the Homeowner's Association shall be fully responsible for remediating any
deficiencies as set forth in this paragraph.
6.0 Indemnification and Hold Harmless. Developers shall be solely responsible for
designing, permitting, and constructing the Northern Oaks subdivision and, specifically, its
private stormwater system. As such, Developers hereby agree to indemnify, release, and hold
harmless the City and its commissioners, employees, agents, and attorneys from and against all
claims, losses, damages, personal injuries (including, but not limited to, death), or liability
(including reasonable attorney's fees and costs through all appellate proceedings), directly or
indirectly arising from, out of, or caused by Developers' and Developers' contractor's and
subcontractor's performance of design, permit and construction activities in furtherance of
constructing the Northern Oaks project including, specifically, the design, permitting and
construction of the private stormwater system to accommodate increased impervious surface
coverage as a result of the requested Waiver. This indemnification shall survive the termination
of this Agreement.
7.0 Representations of the Parties. The City and Developers 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 Developers, constitute a legal, valid and binding
obligation enforceable against the parties hereto. Upon recording of this Agreement in the Public
Records of Seminole County, Florida, the Agreement shall be a binding obligation upon the
Property in accordance with the terms and conditions of this Agreement. Developers represent
that it has voluntarily and willfully executed this Agreement for purposes of binding himself and
the Property to the terms and conditions set forth in this Agreement.
DEVELOPMENT AGREEMENT
City of Winter Springs
Page 3 of 10
8.0 Successors and Assigns. This Agreement shall automatically be binding upon
and shall inure to the benefit of the City and Developers and their respective successors and
assigns. The terms and conditions of this Agreement similarly shall be binding upon the
Property, and shall run with title to the same upon being duly recorded against the Property by
the City.
9.0 Applicable Law; Venue. This Agreement shall be governed by and construed in
accordance with the laws of the State of Florida. The venue of any litigation arising out of this
Agreement shall be in Seminole County, Florida or, for federal court actions, in Orlando, Florida.
10.0 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.
11.0 Entire Agreement; Exhibits. This Agreement and all attached exhibits hereto
supersede any other agreement, oral or written, regarding the Property and contain the entire
agreement between the City and Developers as to the subject matter hereof. The Exhibits
attached hereto and referenced herein are hereby fully incorporated herein by this reference.
12.0 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.
13.0 Effective Date. This Agreement shall become effective upon approval by the
City Commission and execution of this Agreement by both parties hereto.
14.0 Recordation. Upon full execution by the Parties, this Agreement shall be
recorded in the Public Records of Seminole County, Florida by the City. The Developer shall be
responsible for all recording fees associated with this Agreement.
15.0 Relationship of the Parties. The relationship of the parties to this Agreement is
contractual and Developers are independent contractors and not an agent of the City. Nothing
herein shall be deemed to create a joint venture or principal -agent relationship between the
parties, and neither party is authorized to, nor shall either party act toward third persons or the
public in any manner, which would indicate any such relationship with the other.
16.0 Sovereign Immunity. The City intends to avail itself of sovereign immunity and
other applicable limitations on City liability whenever deemed applicable by the City. Therefore,
notwithstanding any other provision set forth in this Agreement, nothing contained in this
Agreement shall be construed as a waiver of the City's right to sovereign immunity under section
768.28, Florida Statutes, or other limitations imposed on the City's potential liability under state
or federal law. As such, the City shall not be liable under this Agreement for punitive damages
or interest for the period before judgment. Further, the City shall not be liable for any claim or
judgment, or portion thereof, to any one person for more than two hundred thousand dollars
($200,000.00), or any claim or judgment, or portion thereof, which, when totaled with all other
DEVELOPMENT AGREEMENT
City of Winter Springs
Page 4 of 10
claims or judgments paid by the State or its agencies and subdivisions arising out of the same
incident or occurrence, exceeds the sum of three hundred thousand dollars ($300,000.00).
17.0 City's Police Power. Developers agree and acknowledge 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.
18.0 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.
19.0 Third -Party Rights. This Agreement is not a third -party beneficiary contract and
shall not in any way whatsoever create any rights on behalf of any third party.
20.0 Attorney's Fees. In connection with any arbitration or litigation arising out of
this Agreement, each party shall be responsible for their own attorney's fees and costs.
21.0 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 in accordance with the criteria of the City Code and the requirements 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 Developers 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,
trailer, structure or unit if Developer is in breach of any term and condition of this Agreement.
22. Notice. Whenever either party desires to give notice to the other, notice shall be
sent by hand delivery or certified mail, return receipt requested, and shall be sent to:
For the City:
Shawn Boyle, City Manager
City of Winter Springs
1126 East S.R. 434
Winter Springs, Florida 32708
With additional notice to:
Anthony A. Garganese, City Attorney
Garganese, Weiss, D'Agresta & Salzman, P.A.
111 N. Orange Avenue, Suite 2000
Orlando, FL 32802
DEVELOPMENT AGREEMENT
City of Winter Springs
Page 5 of 10
For Dream Finders Homes LLC:
Robert E. Rive, Jr., Esq., General Counsel and Vice President
14701 Philips Highway, Suite 300
Jacksonville, FL 32256
For Guardian DFH III, LLC:
Andrew Broeren, Chief Operating Officer
8246 E. NORT[ IFIELD BLVD., SUITE 2510
DENVER, CO 80238
For Northern Oaks Homeowners Association, Inc.:
Batey McGraw, Director
14701 Philips Highway, Suite 300
Jacksonville, FL 32256
Either party may freely modify their respective contact person and address contained in
this Paragraph by providing written, notice of the modification to the other party. Any Notice
Liven as provided herein shall be deemed received as follows: if delivered by personal service,
on the date so delivered; and if mailed, on the third business day after mailing.
IN WITNESS WHEREOF, the parties have hereunto set their hands and sea] on the
date first above written.
ATTEST:
04
Christian Gowan, Interim City Clerk
CITY SEAL
�fiy�yl�,ti rC � '�
4W rah
C*
CITY OF WINTER SPRINGS
By:
OrPror
Lacey
ayo
Date:
APPROVED ASTO FORM AND LEGALIFF)"
For the use anq efi, ice of the (I ity of Winter Springs,
Florida oil,
By:
Anthony A. Garganese, City Attorney for
the City of inter Springs, Florida
DEVELOPMENT AGREEMENT
City of Winter Springs
Page 6 of 10
Signed, sealed and delivered in the
presence or the following witnesses
Mercedes M. stock
Printed Name ol'WAncss
Sid "Rure or Witness
Lisa Tallant
Printed Nartic ol'Wiuicss
STATE OF Florida
CO(. NI"Y 017 Duval
F1 S HOMES, LLC
me
tn X7
ri t n tile ancyitle : Robert E. Riva, Jr., Esq.
General Counsel ad Vice Nesd.nt
Date, July 10, 2020
T'he foregoing instrument was acknowledged before me by means of physical
presence or (_) online notarization, this 10th — day of --Ip!y 2020,
by Robert E. Rive, Jr., Esq. the G--I C1 ,,d V—, R-Wel of Dream Finders Homes LI-C, a Florida
limited liability company, on behalf of the company, who is pSEsqllally known to me or produced
its identification.
(NOTARY SEAL)
OP Niotary PubAc StWO Of F&da
Mercedes M Stock
My oommrswon GG 963430
ExExpires==242724
leudy Oublic Signature)
rcedes M.Stock
(Print Name)
Notary Public, State of Florida
Commission No.- GG 963430
My Commission Expires: 02/27J2024
DEVELOPMENTAGREEMEN'r
City of` Winter Springs
Page 7 of 10
Signed, sealed and delivered in the
presence of the following witnesses:
Sirriature of Witness
Glw •-, R-r"lU". (�
Printed Name of witness
Sri-gAature of M ess
Printed Name of Witness
STATE OF C� 1;-r r
COUNTY OF ( oC o4k
GUARDIA D�--LLC
Print name and tY e: G
Date: I tL2,6
The foregoing instrument was acknowledged before me by means ofj physical
presence or C_) online notarization, this tl-\day of , 2020,
by �p,ri QL Cj S'r (-M the C _�PO of Guardian DFH III, LLQ a limited
liability company, on behalf of the company, who is personally known to me or produced
C7e- ► .1 a v- k 1" p-tr1 C D as identification.
(NOTARY SEAL)
j cotatnbsion No. 2" all
"TART �o cMMOi4su►
L9s A "Ms Camm"" -
m, cn. skvdns. s, sots
v
of Public Signature)
Ak--V.P,IR, L(2�C'G ba I-1 -tI✓-6 0,e-7
(Print Name)
Notary Public, State of r q (i -✓ +'i t —o
Commission No.: 9 2G1 i?^0 9'
My Commission Expires: M m Q 1 �Z?j
DEVELOPMENT AGREEMENT
City of Winter Springs
Page 8 of 10
Signed, sealed and delivered in the
presence ofOg f -tollowing witnesses:
S31natkire (WWittiess
116nied Name or'Witness
Sigim redWime"
f,T-i,n,teafN'�aiiieo,fWi,ttiess
STATE O�F
COUNTY 04F
NORTHERN OAKS HOME OWNERS
ASSOCIATI( , INC.
}Tint nano , of title:
Date: 7-16=�,
The foregoing in, rument was acknowledged b F re me by rneans of physical
presence or o 2020,
nline notarization, this day of -�:o—rn"eowners
Northern
o I` Oaks used
f* of the C�®rp�oraioH—Ihlo--is7jr known to me or Pro
by the
As
as idwitifictition.
(NOTARY SFAS
p bow` SARAH hAGGERTY
No i a y
Pubhc-,S6aof We of Rwid,,)
C
QMrmssGoj 4 GG 1 49,70C,
My ComMjss�cri Exp�res
FO.bronr qq. 2022
(Print Name)
Notary Public, State of
Commission No.: 66
My Commission Expires:
DEVELOPMENTAGREEMENT
City of Winter Springs
page 9 of 10
EXHIBIT A
PROPERTY LEGAL DESCRIPTION
All of Lots 1 through 35 and Tracts A, B, D, E, G, H, I, J, K, M, N, NORTHERN
OAKS, according to the map or plat thereof, as recorded in Plat Book 83, Pages 41 through
44, of the Public Records of Seminole County, Florida.
LESS AND EXCEPT: Tract K, NORTHERN OAKS, according to the map or plat
thereof, as recorded in Plat Book 83, Pages 41 through 44, of the Public Records of
Seminole County, Florida.
DEVELOPMENT AGREEMENT
City of Winter Springs
Page 10 of 10