HomeMy WebLinkAboutBlumberg, Juanita D. Trustee - Hickory Grove Townhomes Agreement - Development Agreement 2022 06 27 Grant Maloy, Clerk Of The Circuit Court&Comptroller Seminole County, FL
Inst#2022076717 Book:10270 Page:223-239; (17 PAGES) RCD: 7/1/2022 8:06:26 AM
REC FEE $146.00
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.
111 N.Orange Avenue,Suite 2000
Orlando,FL 32802
(407)425-9566 FOR RECORDING DEPARTMENT USE ONLY .
DEVELOPMENT AGREEMENT
Hickory Grove Townhomes
THIS DEVELOPMENT AGREEMENT ("Agreement") is made and executed this
�r 4� day of `�WY\�P1 , 2022,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 JUANITA D.BLUMBERG,as Trustee of the Juanita D.Blumberg Revocable
Trust dated May 3,2004("Developer"),whose address is 141.Bear Springs Drive,Winter Springs,
FL 32708.
WITNESSETH:
WHEREAS, Developer is the owner of approximately 12.3 acres, more or less, of real
property located in the Winter Springs Town Center, T4 Transect, generally north of Blumberg
Boulevard and bounded by Tuskawilla Road and Bear Springs Drive, Winter Springs, Seminole
County,Florida,more particularly described herein("Property"); and .
WHEREAS, Developer has applied for Final Engineering Approval, Aesthetic Plan
Approval, certain Waivers, a Variance, and Removal of Specimen Trees from the Town Center
Code in order to construct a 132-townhome unit subdivision on the Property and further intends
to apply for final-plat approval at a later date; and
WHEREAS;pursuant to Chapter 20 Zoning,Article.II,Division 1, Section 20-29.1 of the
Winter Springs City Code ("City Code"), a community workshop for the Project was held on
August 26,2021;and
WHEREAS, Section 20-29(c) of the City Code requires.that all site:plans and waivers
shall be binding on the use of the subject property and, further, that as a condition of approval by
the City Commission, all development projects requiring a community workshop pursuant to
Section 2.0-29.1 of the City Code shall be required to be memorialized in a binding development
agreement;and
Development Agreement
Juanita D.Blumberg as Trustee of the Juanita D.Blumberg Revocable Trust—City of Winter Springs
Page 1 of 17
Book 10270 Page 224
Instrument#20Z2076717
V*WREAS, 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.
horily. This Agreement is entered into pursuant to the Florida Municipal Home
Rule Powers Act.
3.0 The Property. The real property subject to this Agreement has a tax parcel
identification number of 26-20-30-5AR-OB00-028E,with the current address of 141 Bear Springs
Drive in Winter Springs, and is legally described in EXHIBIT "A", attached hereto and fully
incorporated herein by this reference("Property").
4.0 Project Description and Requirements, Phasing. Developer shall, at its
expense,design,permit and construct a townhome subdivision on the Property,not-to-exceed 132
townhome units on individually-platted.lots with related improvements, in the City of Winter
Springs Town Center. The townhomes, public and private project infrastructure, and all amenity
buildings and structures shall be constructed in a single phase. The Developer is specifically
required to develop the Project to include certain amenities, including a swimming pool and related
improvements and cabana, playground with shade structures, a dog park; six (6) doggie stations,
and two (2) amenity f6untains along Tuskawilla Road ,and are incorporated into the Final
Engineering/Site Plan. Each of'these amenities shall be maintained by the Developer and/or
Homeowner's Association in perpetuity.
(Hereinafter the project description and requirements are referred to as the"Projeet").
The Developer shall construct.the Project in, a manner consistent with the approved Final
Engineering/Site Plans,Aesthetic Plans, Waivers, and Variance that are on file with the City with
the following file numbers and consistent with the requirements contained in this Agreement:
File Nos: . SP2021-0011 HICKORY GROVE SUBDIVISION SITE PLAN
REVIEW
WA2021-0040 HICKORY GROVE WAIVER
VA2021-004.9 HICKORY GROVE VARIANCE
AR2021-0017 HICKORY GROVE AESTHETIC REVIEW
The Developer and City agree that the City of Winter Springs Comprehensive Plan, Multimodal
Transportation Element, Policy 1.11.3, requires the Developer to provide one (1) mobility
mitigation credit based upon the net, new average daily trip generation projected for the Project.
In addition, the Developer and City agree that the City of Winter Springs Comprehensive Plan,
Development Agreement
Juanita D.Blumberg as Trustee of the Juanita D.Blumberg Revocable Trust—City of Winter Springs
Page 2 of 17
Book 10270 Page 225
Instrument#20Z2076717
Policy 1.11.6,requires new development, regardless of size,to provide operational improvements
to the City's transportation system to mitigate impacts on the system, which may include
contributions to the City's multimoda.l. system. Developer has elected to provide one additional
multi-modal improvement to satisfy Policy 1.11.6.As such,the f6 llowing additional multi-modal
enhancements to the Project shall satisfy the above-referenced Policies:
A. Placement of ten(10)bicycle parking spaces at the swimming pool cabana;and
B. Construction of a new sidewalk along the Project frontage on the High School
ingress/egress driveway.
5.0 Future Permitting. Pursuant to Section 9=74 of the City Code,the Developer has
elected to request approval of the Final Engineering/Site Plans separately and prior to approval to
record a.final plat for the Project. Consistent with Section 9-74, the Developer shall be required
to record a Final Plat within two (2) years of approval of the Final Engineering/Site Plan. Under
no circumstances shall any townhome units or lots be conveyed and a sale closed for the purposes
of residential occupation prior to recording the Final Plat. Sales of land prior to recording of the
final plat shall be in accordance with Sections 28.0 and 30.0 below. Developer further shall be
required to receive building permits and substantially commence vertical construction of at least
one townhome building,I I .which,shall at minimum include the foundation for such building, for the
Project within two(2) years of the Effective Date of this Agreement.,
6.0 Specific Conditions of Approval. Specific conditions of approval for the
above-referenced Final Engineering Plans, Aesthetic Plans, Waivers, and Variance include the
following,which are also,addressed,in the staff report:
A. Project approval isconditioned upon the execution of this Development Agreement
and the terms and conditions contained herein.
B. The Developer shall include a provision in the HOA Covenants and Restrictions
requiring that the townhome unit garages shall be maintained such that at least one car may be
parked therein. Further, the Applicant shall include a provision in the HOA Covenants and
Restrictions requiring that residents shall not utilize the, on-street parking on Bear Springs Drive,
Blumberg Boulevard, and Tuskaw illa Road for overnight parking purposes.
C. The Developer shall include a provision in the HOA Covenants and Restrictions
prohibiting short-term rentals or leases for any period less than six(6) months in duration.
D. The Developer shall include a provision in the HOA Covenants and Restrictions
prohibiting more than any two townhome units from being owned by any single person or entity.
E. The Developer shall include a provision in the HOA Covenants and Restrictions
advising that the Project is located adjacent to Winter Springs High School, which may produce
additional parking demands, noise, and bright lighting during School events, practices and
activities.
Development Agreement
Juanita D.Blumberg as Trustee of the Juanita D.Blumberg Revocable Trust City ofWinter Springs
Page 3 of 17
Book 10270 Page 226
Instrument#2022076717
F. The Developer shall submit a revised stormwater drainage plan. The stormwater
drainage plan shall include: (1)removal of all sediments within the existing storm pipe under the
High School ingress/egress driveway; (2) regrading the existing Swale north of the High.School
ingress/egress driveway to ensure positive drainage after the upstream pipe is cleaned; and (3)
installing two segments of 15-inch RCP stormwater pipe and one (1)Type"C"ditch bottom inlet
between the north end of the existing stormwater Swale located north.of the High School
ingress/egress driveway along the Tuskawilla Road right-of-way and the existing manhole located
south and adjacent to the Cross-Seminole Trail. To the extent that such 15-inch stormwater pipe
will enter either property owned by the State of Florida or the Seminole County School Board,
property owner authorization and an appropriate easement shall be submitted to the City. The
Developer and future HOA shall.submit an annual signed and sealed stormwater report to the City
associated with the stormwater management system.The report shall document the conditions and
operation and maintenance of the stonnwater ponds and control structures.
G. Prior to the issuance of a certificate of completion and acceptance of the infrastructure,
the Developer and the City shall enter into a separate Neighborhood Street Sign and Light
Improvement Agreement (NSSLIA) outlining the responsibilities of the Developer and future
HOA related to the decorative street lights and signage required by the Final Engineering Plans,
including, but not limited to, the cost differential between maintaining standard street lights and
signs and the decorative street lighting and design requirements of the Town Center Code. This
NSSLIA shall substantially conform to the standard form approved by the City Commission to be
utilized on a citywide basis,which is assignable and shall run with the land.
H. Seminole County Fire Department requires that fences and/or walls along Blumberg
Boulevard (Buildings 25 thru 28), Bear Springs Drive (Buildings 7 &c 8), and the High School
ingress/egress driveway.(Buildings 4 thru 6) are strictly prohibited for any future development or
for the life of this residential community. Specifically, these buildings are not,required to have
sprinkler. systems installed, as long as there. are no obstructions such as fences and/or
walls. Constructing a fence and/or wall will obstruct fire department access to the main-door of
the townhomes and exceed the hose-lay limitations per NFPA 1 (FFPC 7th Edition).
I. Buildings 18 through 20 shall have fire sprinklers installed.
J. Developer will, at its expense,.design; permit and connect to a 4-inch reclaimed water
line to be installed as part of the future City reclaimed water expansion project at the intersection
of Blumberg Boulevard and Bear Springs Drive for irrigation of the Property within ninety (90)
days of the reclaimed water expansion project's completion.
K. Developer will discontinue use of the temporary on-site irrigation well, and at its
expense permit and abandon said irrigation well upon connection to the 4-inch reclaited water
line described above.
L. Developer is currently proposing a 44nch reclaimed water line to be constructed, at the
Developer's expense, connecting Bear Springs Drive to Tuskawilla Road, and extending to the
eastern edge of the Tuskawilla Road right-of-way to allow for future connection and reclaimed
system expansion. This reclaimed water main is to be dedicated to the City of Winter Springs and
Development Agreement
Juanita D.Blumberg as Trustee of the Juanita D.Blumberg Revocable Trust—City of Winter Springs
Page 4 of 17
Book 10270 Page 227
Instrument#2022076717
is to be constructed within a public right-of-way. Developer, at no cost to the City,will upsize this
reclaimed water main up to 6-inches as determined and requested in the City's sole discretion. If
the City requires the main to be larger than 6-inches,the City will pay the difference in construction
cost due to the upsizing in excess of 6 inches. The City will provide the Developer the City's
required reclaimed water main size no later than ninety (90) days after the Effective Date of this
Agreement.
M. The Public Works Department will allow the installation of the high-performance
polypropylene HP storm pipe based on the following conditions:
1) The contractor shall conduct a CCTV inspection of all the HP storm pipe upon
completion of construction and provide a copy of the CCTV inspection videos and reports
to City staff to review; and
2)If the CCTV inspection videos and reports indicate deficiencies, it is understood
that repairs will be performed prior to the City signing-off on the storm sewer systems.
N. Upon receipt, provide,a copy of the approved St. Johns River Water Management
District (SJRWMD) Environmental Resource Permit (ERP) application currently under review
(SJRWMD Application No. 176109-1, submitted 10/11/21).
O. All grass areas on the Property shall use Bahia grass. No St. Augustine grass or grass
types with low drought tolerance shall be permitted.
P. The Developer shall install 1,240 tree credits (467 replacement trees), which includes
eleven (11) 10" inch, Florida Grade#1 live oaks. The Developer shall additionally submit a tree
bank mitigation payment of$276,900.00 prior to obtaining a clearing and grading or building
permit,whichever is earlier.
Q. The Developer shall only construct Craftsman-style townhomes fronting Blumberg
Boulevard.
R. The Developer shall include a provision in the HOA Covenants and Restrictions
prohibiting the use of individual_ units for certain business-related activities not traditionally
compatible with townhouse units and living to limit the application of Sec. 559.955,F.S.
7.0 Representations of the Parties. The City and Developer 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 Developer, constitute a legal; valid and binding obligation
enforceable against the parties hereto. Upon the 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. Developer represents that it has
voluntarily and willfully executed this Agreement for purposes of binding herself and the Property
to the terms and conditions set forth in this Agreement.
Development Agreement
Juanita D.Blumberg as Trustee of the Juanita D.Blumberg Revocable Trust—City of W inter Springs
Page 5 of 17
Book 10270 Page 228
Instrument#2022076717
8.0 Successors and Assigns. This Agreement shall automatically be binding upon and
shall inure to the benefit of the City and Developer and their respective successors and assigns.
The terms and conditions of this Agreement similarly shall be binding upon the Property and the
Homeowner's Association, and shall run with title to the same.upon being duly recorded against
the Property by the City.
.9.0 ApWicable 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 Developer as to the subject matter hereof. The Exhibits attached
hereto and referenced herein are hereby
y fully incorporated herein by this reference.
12.0 Severabilily. 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 C ounty,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 Developer is an independent contractor and not an agent of the City. Nothing
herein shall be deemed.to create aj 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
Juanita D.Blumberg as Trustee of the Juanita D.Blumberg Revocable Trust—City of Winter Springs
Page 6 of 17
Book 10270 Page 229
Instrument#2022076717
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).
11.0 Citv's Police Power. Developer 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.
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.- 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.
21.0 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.
22.0 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 Developer 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, if Developer remains in breach of
any term and condition of this Agreement following notice and an opportunity to cure as provided
for in Section 23.0 below,the City reserves the right to withhold, suspend or terminate any and all
certificates of occupancy for any building, trailer, structure or unit, except that the City-shall not
suspend or terminate any certificate of occupancy previously issued for a townhorne unit owned
by an end-user/homebuyqr..
23.0 Default. Failure by either party to perform each, and every one of its
obligations hereunder shall constitute a default,.entitling the non-defaulting party to pursue
whatever remedies are available to it under Florida law or equity including,without limitation, an
action f6r specific performance and/or injunctive relief. Prior to any party filing any action as a
result of a default under this Agreement,the non-defaulting party shall first provide the defaulting
party with written notice of said default. Upon receipt of said notice,the defaulting party shall be
provided a thirty(30) day opportunity in which to cure the default to the reasonable satisfaction of
the non-defaulting party prior to filing said action.
Development Agreement
Juanita D.Blumberg as.Trus tee of the Juanita D.Blumberg Revocable Trust—city of Winter Springs
Page 7 of 17
..........
Book 10270 Page 230
Instrument#2022076717
24.0 Termination. The City shall have the unconditional right, but not obligation, to
terminate this Agreement, without notice or penalty, if Developer fails to receive building permits
and Substantially commence vertical construction of buildings, which shall at minimum include
building foundations, for the Project within two (2) years of the Effective.Date of this Agreement.
The Developer may apply to the City Commission for an extension of this Agreement,which may
be granted upon good cause shown. In addition,.the City shall have the right, but not obligation,
to terminate the Agreement if Developer permanently abandons construction of the Project,
provided, however, theCity shall first deliver written notice and an opportunity to cure to the
defaulting party as set forth in Section 23.0 above If the City terminates this Agreement, the City
shall record a notice of termination against the Property in the public records of Seminole County,
Florida.
25.0 Indemnification and Hold Harmless. Developer shall be solely responsible for
designing, permitting, constructing, operating.and maintaining this Project. AS such, Developer
hereby.agrees to indemnify,release, and hold harmless the City.and its commissioners,employees
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 Developer and Developer's
contractor's and subcontractor's performance of design,permit and construction,and maintenance
activities in furtherance of constructing the Project and maintaining the improvements of this
Project.This indemnification shall survive the termination of this Agreement.
26.0 Force Maaeure. The parties agree that in the event that the failure by either party
to accomplish any action required hereunder within a specified time period ("Time Period")
constitutes a default under the terms of this Agreement and, if any such failure is due to any
unforeseeable or unpredictable event or condition beyond the reasonable control of such party,
-including, but not limited to, acts of God such as hurricane, tornado, hail storm, drought,
earthquake, flood, climatic- event, earth movement' , or similar catastrophic event; acts of
government authority (other than the City's own acts) after the Effective Date; acts of public
enemy or war, riots, civil disturbances; power failure; shortages of labor or materials that make it
impossible or extremely impracticable for a party to perform its obligations under this Agreement;
or injunction or .other -court proceedings .beyond the reasonable control of such party.
("Uncontrollable Event"), then, notwithstanding any provision of this Agreement to the contrary,
that failure shall not constitute a default under this Agreement and any Time Period proscribed
hereunder shall be extended by the amount of time that such party was unable to perform solely
due to the Uncontrollable Event. In the event that performance of this Agreement by any party is
prevented or interrupted by an Uncontrollable Event, said party shall ,not be liable for such
nonperformance, but only.for the duration or to the extent of said Uncontrollable Event and only
if said party is not directly or indirectly responsible therefor. Any party claiming to be relieved of
any duty pursuant to this section shall give.prompt written notice thereof to the other party. The
extended time period shall be agreed to in Writing by the parti6s'and said agreement shall not be
unreasonably withheld by either party. The parties agree,however, to remedy with all reasonable
dispatch the cause or causes preventing a party from carrying out this Agreement.
27: 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:
Development Agreement
Juanita D.Blumberg as Trustee of the Juanita D.Blumberg Revocable Trust—City of Winter Springs
Page 8 of 17
Book 10270 Page 231
Instrument#2022076717
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
For Developer:
Juanita D.Blumberg
141 Bear Springs Drive
Winter Springs,FL 32708
with a copy to: Mattamy Orlando LLC
Attn: Jon Droor
2450 Maitland Center Parkway Suite 300
Maitland,FL 32751
Email:jon droor@mattamycorp.com
with a copy"to:Mattamy Orlando LLC
Attn: Leslie Candes, Chief Legal Counsel
4901 Vineland Road, Suite 450
Orlando,Florida 32811
Email: leslie.candes@mattamycorl2.com
with a copy to:Project Finance and Development LLC
Attn: Dwight Saathoff
7575 Dr.Phillips Blvd Suite 265
Orlando,FL 32819
Either party may freely modify their respective contact person and address contained in
this Paragraph by providing written notice of the modificat ion.to the other party. Any Notice given
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.
Development Agreement
Juanita D.Blumberg as Trustee of the Juanita D.Blumberg Revocable Trust—City of W inter Springs
Page 9 of 17
Book 10270 Page 232
Instrument#2022076717
28.0 Assignment. Prior to completing the construction of the Project and reaching final
build-out of the Project, Developer shall not assign this Agreement without the prior written
consent of the City except as provided herein. Such assignment shall also require the written
approval of the City by amendment to this Agreement, which,shall not require a public hearing
and shall not be unreasonably withheld. However,.Developer shall be entitled to assign its rights
and obligations under this Agreement without City consent,provided that the City is given notice
of such assignment in accordance with Section 27.0 herein, to (i) Mattamy Orlando LLC, or a
parent, subsidiary, or affiliated entity to Mattamy Orlando LLC, in which Mattamy Orlando LLC
or its members are members or interest holders, and (ii)Project Finance&Development, LLC, or
a parent,subsidiary, or affiliated entity to Project Finance&Development,LLC, in which Project
Finance & Development, LLC or its members are members or,interest holders. Any assignment
authorized by this subparagraph, shall require the assignee to be a formal signatory to this
Agreement and fully assume all of Developer's obligations, commitments, representations, and
warranties under this Agreement. In any assignment, the rights and obligations contained herein
shall be binding on successors in interest to the Property, and the terms and conditions of this
Agreement shall bind and inure to the benefit of the parties hereto and any respective successors
and assigns.
29.0 Homeowner's Association. In conjunction with the approval of the final
subdivision for the Project, the Developer shall create a mandatory homeowner's association to
govern the Project in accordance with Chapter 72.0,Florida Statutes. The association shall also be
governed by the covenants and restrictions created and recorded against the Property by.the
Developer.as required by this Agreement. A copy of the association's articles of incorporation,
by-laws and recorded covenants and restrictions shall be provided to the City prior to the approval
of the .final subdivision. The homeowner's association shall be responsible for the perpetual
maintenance and operation of all common areas and amenities constructed for the Project, shall
govern the Project in accordance with.the requirements of Florida law including the recorded
covenants and restrictions and by-laws of the association,have the power to levy assessments and
collect HOA fees,which are used to pay for the maintenance of the community common areas and
any other.designated areas that are detailed in the covenants and deeds applicable to the Project.
30.0 Model Homes. The City agrees to allow the Developer or Developer's
chosen homebuilder(s) (hereinafter referred to in this Section as `Builder") for the Project.to
construct both a sales office and.up to five (5)model homes in two (2)townhome buildings to be
used for the customary temporary marketing and sales activities of the Builder. The Builder shall .
have the right to utilize two garages in two model home units as the temporary sales office. The
City represents that such marketing and sales activities shall be permitted through buildout of the
Project. The City agrees.to permit early construction of the model homes prior to or after plat
approval, provided that, prior to construction of the model homes,,stabilized access to the model
home lots and adequate means of fire protection from a City-approved source of water are
completed and the following conditions,which are deemed acceptable to Builder, are adhered to:
(a) The model homes shall remain under Builder's ownership and control until such
time as a final certificate of occupancy for each model home unit is issued under the conditions set
forth below. In other words,the Builder shall not contract for sale, sell, or lease, for the purposes
of residential occupation,any of the individual model home units until.such time as the City issues
Development Agreement
Juanita D.Blumberg as Trustee of the Juanita D.Blumberg Revocable Trust—City of Winter Springs
Page 10 of 17
Book 10270 Page 233
Instrument#2022076717
a final certification of occupancy for each model home unit. The City agrees that nothing in this
Section shall be construed as restricting-or preventing the Builder from selling or.conveying,prior
to final plat approval, any land that is intended to coincide with the eventual location of the model
home lots as will be depicted and legally described on the final plat or other land within the Project,
provided the following conditions are met:.(1) the land in such sale shall be legally described by
metes and bounds without reference to the intended lot numbers that will be used in the final plat;
(2) the buyer of the land shall be required to sign and join the final plat and shall be considered a
co-developer of the Project; and (3) the provisions of Section 28.0 are followed. After the'final
plat is recorded but prior to the time a final certificate of occupancy is issued for a model home,
the Builder shall further be permitted to engage in sale and leaseback transactions of the model
homes, provided they continue to be used.for the customary temporary marketing and sales
activities of the Builder and not for residential occupation purposes.
(b) The model homes shall be constructed on existing or proposed lots approved by the
City, and any associated parking, pedestrian activity and other:activities conducted by sales staff
.or the general public shall be adequately segregated from construction activities.to ensure safety.
Parking for the model homes shall be provided in a temporary parking lot to be located in an area
approved by the City, which may consist of a mulch surface.. Prior to a final certificate of
occupancy being issued on the last remaining model home, the mulch.surface shall be removed
and the area shall either be prepared for home construction, open space or recreational amenity or
seeded.
(c) The model sales office shall comply with all applicable state and city regulations
regarding accessibility. In addition, Builder shall provide a minimal level of access to all model
homes for potential homebuyers with disabilities by providing physical access(via ramp or lift)to
the primary level each model home and making photographs of other levels within each home
available to the customer.
(d) Prior to ,construction, the model homes shall be duly permitted by the City in
accordance with the City's Code. As part of the building permit application, the Builder shall
submit,along with all construction plans for the units,a duly certified boundary survey which shall
depict the location and legal description of each individual model lot.. The Builder acknowledges
and agrees that this legal description is intended to coincide with the eventual location of the lots
as depicted and legally described on the final plat. The Builder shall assume full and complete
responsibility in the event that said legal descriptions do not conform to the lot lines required by
the City in the final plat. The Builder fully understands the construction of model homes before
final plat is approved by the City may pose a risk to the Builder ifthe approved plat is not consistent
with the layout of model home on the subject property,and that such risk may require modification
or removal of the model home based on the approved plat before a final certificate of occupancy
can be issued for the model home. The Builder agrees to defend, indemnify, and hold harmless
the City from and against any and all damages,. losses or..claims arising from the layout and
construction of the model home under this Agreement prior to preliminary and final plat approval.
(e) At such time as the City Building Official completes and approves a final inspection
of the model homes, the City will issue a temporary certificate of occupancy. Said temporary
certificate of occupancy shall be issued for each model home as a whole. Occupancy of the model
Development Agreement
Juanita D.Blumberg as Trustee of the Juanita D.Blumberg Revocable Trust—City of Winter Springs
Page 11 of 17
Book 10270 Page 234
Instrument#2022076717
home units shall be limited to the sales and marketing efforts for the Project until a final certificate
of occupancy is issued for such model home units pursuant to Section 30.0(f)below. It is intended
that the model homes can be shown by sales staff to prospective buyers as long as the Building
Official has issued the temporary certificate of occupancy and the model is not staffed
continuously.
(f) Following completion of all .required plat:improvements, at the request of the
Builder or at such time as the Project development is completed, whichever occurs sooner, -the
Builder may apply to the City to convert the model home units into permanent residential units
and the City shall issue final certificates of occupancy for each model home unit, provided, that
the City Building Official -determines*that such units are suitable for permanent residential
occupancy and in compliance with the City Codes.
Nothing in this Section shall cause to limit the number of inventory homes (pre-sale, spec
homes) that.may be constructed on the Property. Violation of this Section Will also constitute a
violation of the City Code of Ordinances, and the provisions of this Section may also be enforced
as provided therein. Any Builder desiring to construct a model home pursuant to this Section,
other than Developer, shall be provided a copy of this Section by the Developer if Builder is not
the owner of the subject property on which the model home will be constructed and shall
automatically be deemed to have agreed to the terms and conditions herein as a condition of the
issuance of a building permit by the City even if they are not the owner or have not consented, in
writing,to the term and conditions of this Section.
[SIGNATURES APPEAR ON FOLLOWING PAGES]
IN WITNESS WHEREOF,the parties have hereunto set their hands and seal on the date
first above written.
CITY OF WINTER SPRINGS
By:
Kevin McCayn, May r
Date:
ATTEST:
By:
6ACIiiistian Gowan, City Clerk
APPROVED AS TO FORM AND LEGALITY
CA% For the use and reliance of the City of winter Springs,
Civfs4k
Florida only.
Development Agreement
Juanita D.Blumberg as Trustee of the Juanita D.Blumberg Revocable Trust City of Winter Springs
Page 12 of 17
Book 10270 Page 235
Instrument#20Z2076717
Date:
By:
Ant o y A. Garganese, City Attorney for
the City of Winter Springs, Florida
Signed, sealed and delivered in the JUANITA D. BLUMBERG,as Trustee of
presence of the following witnesses: Juanita D.Blumberg Revocable Trust
P
ri name and title:j 600 1 )1 f3 D. EkDIA �
Signattire of Witness
�-- - Date: /' c 'tt9
Printed Name of Witness
Si *MeWi
-jCC
STATE OF R9 r d
COUNTY OF �M M 0 AL-
The foregoing instrument was acknowledged before me by means online notarization
or (2L).personal presence, this I If f"- day of �Lrl e- , 2022, by Juanita D. Blumberg, as
Trus ee of the Juanita D. Blumberg Revocable Trust. She is personally known to me or produced
- 't,1L'r �— as identification.
(NOTARY SEAL)
otary ign Public Sature,
(Print Name)
Notary Public, State o 1 1 or,
Notary Public State of Florida
Lane Nadler Commission No.:
,i My Gommisslan
a pd Exp.$112/202s My Commission Expires: /oZ
DEVELOPER IS HEREBY ADVISED THAT SHOULD DEVELOPER FAIL TO
FULLY EXECUTE, AND DELIVER TO THE CITY, THIS AGREEMENT WITHIN
THIRTY (30) DAYS FROM THE DATE THAT THE CITY COMMISSION APPROVES
THIS AGREEMENT, THIS AGREEMENT, AND THE DEVELOPMENT PERMIT
APPROVALS REFERENCED HEREUNDER,SHALL AUTOMATICALLY BE DEEMED
NULL AND VOID.
Development Agreement
Juanita D.Blumberg as Trustee of the-Juanita D.Blumberg Revocable Trust—City of Winter Springs
Page 13 of 17
Book 10270 Page 236
Instrument#2022076717
JOINDER AND CONSENT
MATTAMY ORLANDO LLC,a Delaware limited liability company("Mattamy"),hereby
joins and consents to the foregoing Agreement upon assignment for the purposes of consenting to
and acknowledging to be bound by the terms and provisions of the Agreement.
Signed and sealed in t e presence of: NUT ORLANDO LLC,a Delaware
limited MAT
company
By:
t mc
Print Name: Printed e,
Title:
Date: — N- (01-115 1 7-0,.z
Print Ngf�e< 111&a�4 Z- AAOX-2c—
STATE OF FLORIDA
ss:
COUNTY OF ORANGE
The foregoing instrument was sworn to, subscribed and acknowledged before me this
—6- day of q&lk
2022 by �orq Nza— as &a<fi - V lin
of Mattay d
Orlando LLC, a Delaware limited liability company, on behalf of the company. They appeared
before me by means of. LJ online notarization, or [_(,t?physical presence and is personally
known to me,or[_] has produced as identification.
(Signature of Nota lic)
Notary Public State of Florida N Print Name: A I Lij&-A Wi-��—�
AGillian T Chung-Miller
My commission Notary Public, State of Florida
lmi11! HH' 209603 Commission No.:_ 2J:)q0Q2
Exp.2/2612023 Conu
My Commission Expires:
Development Agreement
Juanita D.Blumberg as Trustee of the Juanita D.Blumberg Revocable Trust—City of Winter Springs
Page 14 of 17
......................
Book 10270 Page 237
Instrument#20Z2076717
JOINDER AND CONSENT
PROJECT FINANCE & DEVELOPMENT, LLC, a Florida limited liability company
("PFD"),hereby joins and consents to the foregoing Agreement upon assignment for the purposes
of consenting to and acknowledging to be bound by the terms and provisions of the Agreement.
Signed and sealed in the presence of. PROJECT FINANCE &
DEVELOPMENT, LLC, a Florida limited
IL-
liability c pany
By:
PrinNa �rU SS DwigIVS6thoff, ager
Date:
Print Name: ;.,,1s Ma-(3
STATE OF FLORIDA )
ss:
COUNTY OF ORANGE. )
The foregoing instrument was sworn to, subscribed' and acknowledged before.me this
day of ON J!/ 2022 by Dwight Saathoff, as Manager of Project Finance &
Development, LLC, a Florida limited liability company, on bebeff of the company. The]appeared before me by means of: [_] online notarization, or h, I physical presence and is tK
personally known to me, or U has produced as identification.
A`
Rotary Public State of Florida (Si re of N ary Public)
1. A Jessaiyn Anderson y"
My Commission Prlri ain V "
ill HH 220060
EXp.02104/2026
Notary Public, State of Florida
Commission No.: I oo b 0
My Commission Expires: e9, 0a
Development Agreement
Juanita D.Blumberg as Trustee of the Juanita D.Blumberg Revocable Trust—City of Winter Springs
Page 15 of 17
Book 10270 Page 238
Instrument#20Z2076717
EXHIBIT A
PROPERTY LEGAL DESCRIPTION
A PORTION OF THE FOLLOWING:
A PORTION OF LOTS 28, 29 AND 30,D.R. MITCHELL'S SURVEY OF THE LEVY
GRANT ON LAKE JESSUP AS PER PLAT THEREOF AS RECORDED IN PLAT BOOK 1,
PAGE 5 OF THE PUBIC RECORDS OF SEMINOLE COUNTY, FLORIDA;BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT T14E-NORTHWEST CORNER OF LOT 28,D.R.MITCHELLS SURVEY
OF THE LEVY GRANT ON LAKE JESSUP AS'PER PLAT THEREOF AS RECORDED IN
PLAT BOOK 1,PAGE 5 OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA
AND RUN SOUTH 71024'38"EAST ALONG THE NORTH LINE OF SAID LOTS 28 AND
29 AND THE SOUTH.RIGHT OF WAY LINE OF SECOND STREET FOR A DISTANCE OF
333.41 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 71'2413811
EAST ALONG SAID LINE FOR A DISTANCE OF 533.01 FEET TO A POINT ON A CURVE
CONCAVE SOUTHWESTERLY HAVING TANGENT BEARING OF SOUTH 85'3728"
EAST AND A RADIUS OF 358.00 FEET;THENCE DEPARTING SAID NORTH LINE OF
LOTS 28 AND 29 AND THE SOUTH RIGHT OF WAY LINE OF SECOND.STREET AND
RUN SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF 39008'43" FOR A DISTANCE OF 244.59 FEET TO THE POINTOF
TANGENCY;THENCE RUN SOUTH 28'28'45"EAST,A DISTANCE OF 237.47 FEET TO
A POINT OF CURVATURE OF A CURVE CONCAVE NORTHEASTERLY AND HAVING
A RADIUS OF 142.00 FEET AND A CENTRAL ANGLE OF 45100'00";THENCE RUN
SOUTHEASTERLY ALONG THE ARC OF SAID CURVE.FOR A DISTANCE OF 11,1.53
FEET TO THE POINT OF TANGENCY;THENCE RUN SOUTH.71'28'45"EAST,A
DISTANCE OF 253.56 FEET TO A POINT.OF CURVATURE OF A CURVE CONCAVE
SOUTHERLY AND HAVING A RADIUS OF 82.00 FEET-,.THENCE RUN
SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH,A CENTRAL
ANGLE OF 12029'09"FOR A DISTANCE OF 17.87 FEET TO THE POINT OF TANGENCY;
THENCE RUN SOUTH 59055'05"EAST,A DISTANCE OF 40.83 FEET TO A POINT OF
CURVATURE OF A CURVE CONCAVE WESTERLY AND,HAVING A RADIUS OF 30.00
FEET;THENCE RUN SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 90000'00"FOR A DISTANCE OF 47.12 FEET TO THE POINT OF
TANGENCY;THENCE RUN SOUTH'3 0'04'5 5" WEST ALONG THE WESTERLY RIGHT ,
OF WAY LINE OF TUSKAWILLA ROAD (FORMERLY BRANTLEY AVENUE)FOR A
DISTANCE OF 261.88 FEET;THENCE DEPARTING SAID RIGHT OF WAY LINE AND
RUN ALONG THE NORTHERLY LINE OF PARCEL 6 AS PER THE WARRANTY DEED
AS RECORDED IN OFFICIAL RECORDS BOOK 4164,PAGE 1552 OF THE PUBLIC
RECORDS OF SEMINOLE COUNTY,FLORIDA FOR THE FOLLOWING COURSES:
FROM A POINT BEING ON A CURVE CONCAVE NORTHWESTERLY AND HAVING A
TANGENT BEARING SOUTH 30004'55" WEST AND A RADIUS OF 15.00 FEET; THENCE
RUN SOUTHWESTERLY ALONG THE ARC OF SAID CURVE'THROUGH A CENTRAL
ANGLE OF 39019'07"FOR A DISTANCE OF 10.29 FEET TO THE POINT OF TANGENCY;
Development Agreement
Juanita D.Blumberg as Trustee of the Juanita D.Blumberg Revocable Trust—City of Winter Springs
Page 15 of 17
Book 10270 Page 239
Instrument#20Z2076717
THENCE RUN SOUTH 69024'02" WEST FOR A DISTANCE OF 53.25 FEET;THENCE
NORTH 6004332" WEST FOR A DISTANCE OF 136.29 FEET;THENCE NORTH 71'24'05"
WEST FOR A DISTANCE OF 498.39 FEET;THENCE DEPARTING SAID NORTHERLY
LINE OF PARCEL 6 AND RUN ALONG THE NORTHERLY LINE OF PARCEL 4 AS PER
THE WARRANTY DEED AS RECORDED IN OFFICIAL RECORDS BOOK 4056, PAGE OF
0428 OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA FOR THE
FOLLOWING FIVE (5) COURSES: THENCE RUN NORTH 18'35'55"EAST FORA
DI'STANCE OF 137.55 FEET; THENCE NORTH 7 1'24'05" WEST, A DISTANCE OF 293.20
FEET; THENCE RUN NORTH 00'00'00"EAST FOR A DISTANCE OF 200.02 FEET;
THENCE NORTH 8303 V22" WEST,A DISTANCE OF 105.03 FEET;THENCE NORTH
71-24'05" WEST,A DISTANCE OF 162.54 FEET TO A POINT ON EASTERLY LINE OF A
TRACT OF LAND AS.PER THE WARRANTY DEED AS RECORDED IN OFFICIAL
RECORDS BOOK 4423, PAGE 1797 OF THE PUBIC RECORDS OF SEMINOLE COUNTY,
FLORIDA;THENCE RUN NORTH 18'35'55"EAST ALONG SAID EASTERLY LINE FOR
A DISTANCE OF 325.13 FEET TO THE POINT OF BEGINNING.
ORLDOCS 19403948 2
Development Agreement
Juanita D.Blumberg as Trustee of the Juanita D.Blumberg Revocable Trust—City of Winter Springs
Page 16 of 17