HomeMy WebLinkAboutTab 10 CHC Development Co., Inc..pdfThis Instrument Prepared By and Return to:
Anthony A. Garganese, City Attorney
CITY OF WINTER SPRINGS
Brown, Ward, Salzman & Weiss, P.A.
/ P rl Box 2873
Orlando, FL 32802-2873
PARCEL I.D. NO.
Above This Line For Recording Data]
,.^EF7H S rCowpG O1 3p ��RcuZt CART'
11"RDeD 09/19/ DOtO�
RECOA,DINU FE$9 01151r44 PN
RECORDED By a 33.Op
BINDING DEVELOPMENT AGREEMENT
THIS BINDING DEVELOPMENT AGREEMENT, made and executed this day of
2001, by and between the CITY OF WINTER SPRINGS, a Florida municipal corporation ("City" whose address
is 1126 East State Road 434, Winter Springs, FL 32708, and CHC DEVELOPMENT CO., INC., a Florida
corporation ("CHC"), whose address is 131 Park Lake Street, Orlando, FL 32803.
WITNESSETH:
WHEREAS, CHC is constructing a housing development on real property located within the City of
Winter Springs, Florida; and
WHEREAS, the real property is currently located within the City of Winter Springs, however, is currently
being proposed to be used as part of the Town Center site; and
WHEREAS, the parties reasonably believe that the real property may be rezoned, in the near future, to
Town Center designation in order to accommodate the development of the AVERY PARK DEVELOPMENT
project, (the "Project"); and
WHEREAS, the City Commission has recommended entering into a Binding Development Agreement,
("Agreement"), with CHC for the development of the Project; and
WHEREAS, in addition to CHC's compliance with all City Codes, permitting and construction not in
conflict herein, the City and CHC desire to set forth the following special terms and conditions.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties
mutually agree as follows:
Section 1. Recitals. The foregoing recitals are hereby incorporated herein by this reference.
Section 2. Authority. This Agreement is entered into pursuant to the Florida Municipal Home Rule
Powers Act.
Section 3. Sttb'ect Property, The real property ("Property") which is the subject to, and bound by,
the terms and conditions of this Agreement is legally described on Exhibit "A" attached hereto and made a part
hereof by reference.
1
., "WOK O4Y 7� �5GU96
PAGE 0114
[Space Above This Line For Recording Data]
Section 4. Representations of CHC, CHC hereby represents and warrants to City that CHC 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 CHC and recorded in the public records of Seminole County, Florida,
constitute a legal, valid and binding obligation enforceable against CHC and the Property in accordance with the
terms and conditions of this Agreement. CHC represents it has voluntarily and willfully executed this Agreement
for purposes of binding the Property to the terms and conditions set forth in this Agreement.
Section 5. CHC's Obligations and Commitments. In consideration of the City entering into this
Agreement with CHC, CHC voluntarily agrees as follows:
(a) Road Rights -of -Way. Road rights -of -way shall be not less than forty-seven feet
(47') in width and in conformance with all other applicable codes. CHC shall construct five-foot (5') greenstrips and
five-foot (5') sidewalks rather than the required six-foot (6') greenstrips and six-foot (6') sidewalks. All road rights-
1 of -way shall be privately owned.
i
(b) Residential Structures. All residential structures located on the entranceway
street shall be two (2) stories in height, except Lots 6, 9, 11, 14, and 16, which may be one (1) story. All homes
located at the road terminating points shall be two (2) stories in height (Lots 18 and 19). All homes located on
corner lots shall be two (2) stories in height (Lots 1, 7, 8, 12, 13 and 17). Not less than fifty percent (50%) of the
remaining residential structures shall be two (2) stories in height.
(c) On -Street Parking. On -street parking on the entranceway street shall be limited
to one (1) side of the road. All other streets may have parking on both sides of the street provided that no on -street
parking shall be allowed on any street within thirty feet (30') of an intersection, nor within twenty-five feet (25') of a
fire hydrant on the side of the road adjacent to which the fire hydrant is located.
(d) Gated Communi. The Project may have secured privacy access gates and
perimeter privacy fencing. A secondary access easement for public safety vehicles shall be required. Emergency
vehicle access control systems shall be installed on the main entranceway gate and the secondary emergency
easement, if gated. All access gates shall have sidewalks connecting to the public sidewalk system on public streets
to which they connect, where a public sidewalk currently exists.
0)
,---a [Space Above This Line For Recording Data]
d
FILE NUM 2001750098
OR BOOK 04174 PAGE 0115
(e) Fencing. Fencing along Tuscawilla Road shall be see -through decorative
wrought iron or aluminum material with masonry columns and certified to meet all code requirements. Additional
perimeter fencing shall be permitted provided the fence is six feet (6') in height or less, and in compliance with all
City Code requirements.
(f) Wetland Buffer. The twenty -five-foot (25') wetland vegetative buffer
requirement will be waived in consideration of the mitigation plan permitted by the St. Johns River Water
Management District and as herein approved by the City Commission in accordance with the City's Comprehensive
Plan.
(g) Clock. A clock tower with a functional clock shall be located at or near the
entrance that is visible from Tuscawilla Road and the design of which shall be similar to a turn -of -the -century
village style acceptable to the City. Said clock shall be maintained and remain fully operational.
(h) Parks. The land area on the north side of the retention pond located south of the
main entranceway road shall be developed as a passive park including paved walkway on the north side of the lake,
park benches, gazebo, street lighting, and landscaping material suitable to the City and consistent with the design
theme of the Project.
The northern temporary ending points of the internal streets shall be
landscaped to function as mini -parks with benches, double -head street lights, and landscape plant material which
does not require irrigation and is acceptable to the City.
(i) Utility Structures 1 Equipment. Above ground utility structures and equipment
such as lift stations and back -flow preventers shall be fully screened with either masonry, fencing, or dense plant
materials so as to not be visible from any street.
0) Tree Replacement. A tree replacement program shall be implemented to the
satisfaction of the City and in compliance with the City Code prior to the initiation of site construction.
Section 7. Successors and Assigns. This Agreement shall automatically be binding upon and shall
inure to the benefit of the successors and assigns of each of the parties.
Section 8. Applicable Law. This Agreement shall be governed by and construed in accordance with
the laws of the State of Florida.
3
FIL NUM 2001750098
OR _ ..JOK 04174 PAGE 01 1 G
]Space Above This Line For Recording Data]
111 } Section 9. Amendments. This Agreement shall not be modified or amended except by written
agreement duly executed by both parties hereto and approved by the City Commission.
Section 10. Entire Agreement_ This Agreement supersedes any other agreement, oral or written, and
contains the entire agreement between the City and CHC as to the subject matter hereof.
Section 11. Severability. If any provision of this Agreement shall be field 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.
Section 12. Effective Date. This Agreement shall become effective upon approval by the City of
Winter Springs City Commission and execution of this Agreement by both parties.
Section 13. Recordation. This Agreement shall be recorded in the public records of Seminole
County, Florida, and shall run with the land.
Section 14. Relationship of the Parties. The relationship of the parties to this Agreement is
contractual and CHC is an independent contractor and not an agent of the City. Nothing herein shall be deemed to
l
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.
Section 15. Sovereign Immunity. Nothing contained in this Agreement shall be construed as a
waiver of the City's right to sovereign immunity under Section 768.28, Florida Statutes, or any other limitation on
the City's potential liability under state and federal law.
Section 16. City's Police Power. CHC 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.
Section 17. 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.
Section 18. Permits. The failure of this Agreement to address any particular City, county, state, and
federal permit, condition, term, or restriction shall not relieve CHC or the City of the necessity of complying with
4
FILE NUM 2001750098
OR BOOK 04174 PAGE 0117
' [Space Above This Line For Recording Data]
the law governing said permitting requirements, conditions, term, or restriction.
Section 19. 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.
Section 20. 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 suit in equity.
Section 21. Attorney's Fees. In connection with any arbitration or litigation arising out of this
Agreement, the prevailing party shall be entitled to recover reasonable attorney's fees and costs through all appeals
to the extent permitted by law.
Section 22. Future Rezoning
s / Development Permits. Nothing herein shall limit the City's authority
to grant or deny any future rezoning or development permit applications or requests subsequent to the effective date
of this Agreement. In addition, nothing herein shall be construed as granting or creating a vested property right or
interest in CHC or on the Property.
IN WITNESS WHEREOF the parties have hereunto set their hands and seal on the date first above
written.
Signed, sealed and delivered
in tke presence of.
AA-L-0:3=j���
f._UU - An,-, Lk)co-e i
(Print Name of Witness)
tLes 4� (e-
(Print Name of Witness)
CHC DEVELOPMENT CO., INC.,
a Florida or.tio
r
arl res td
a mrma I`uimtnai u*r.'9, a*avwn.
U uA Tv�.A, y t:L
7 A i.0-1Z0-LUACES
CityC••'
5
FILL NUM 2001750098
OR BOOK 04174 PAGE 0118
Above This Line For Recording Data]
NOTARIAL ACKNOWLEDGEMENT
STATE OF FL IDA
COUNTY OF �,
The foregoing instrument was acknowledged before me this 15Tday of 001, by CARL H.
CAHILL, as President of CHC DEVELOPMENT CO., INC., a Florida corporation, n is personally known to
me, or [ J who has produced as identification.
NOTARY PUBLIC, State of Florida
My commission expires:
(SEAL)
F: IDOCSICity of Winter SpringsWgreementsUvery Park Dev.bj
tits"t`'•• Pamella R. Flnne
MYCOMMISSION# DDM8196 EXPIRES
Moy b 2005
1iL BONDED TNRU TROYFAIN INSURANCE INC.
FIL— NUM 2001750098
OR OK 04174 FIAGE 0119
Above This Line For Reeording Data]
EXHIBIT "A"
The real property ("Property") which is the subject to, and bound by, the terms and conditions of this Agreement is
legally described on Exhibit "A" attached hereto and made a part hereof by reference.
-- -• — 4- rat n ■EI fi 1011■ lit I krfl
MARVA,,—i MORSE, CLERK OF CIRCUIT COURT
SEMINOLE COUNTY
BK 04174 PG 0120
CLERKI S # 2001750099
BINDING DEVELOPMENT AGRjNM"14/2001 01:51:44 PM
ES 15.00
(Amendment # "1 ") RECORDED BY S Coatney
THIS BINDING AGREEMENT, made and executed thisoq2 y of�ration
001
by and between the CITY OF WINTER SPRJNGS, a Florida Municipal Co ty")
whose address is 1126 East State Road 434, Winter Springs, Florida 32708, and CHC
DEVELOPMENT CO., INC., a Florida Corporation ("CHC") whose address is 131 Park Lake
Street, Orlando, Florida 32803.
HEREAS, CHC entered into a Binding Agreement with the City of Winter Springs
on , 2001 to construct a residential community in Winter Springs, Florida Town
�knownAvery Lls and
r� 7C .
WHEREAS, Section 50) of the aforementioned agreement provides that a tree
replacement program shall be implemented to the satisfaction of the City and in compliance
with the City Arbor Ordinance, Chapter 5 of the City Code, (Arbor Ordinance), and
WHEREAS, the City Code provides considerable discretion in formulating a tree
replacement program, and
WHEREAS, the City staff has developed strategies the staff believes will provide
appropriate consideration for conservation areas dedicated involuntarily and voluntarily to
the public by the developer as further defined herein, so as to provide an incentive on the part
of the developer to dedicate lands for conservation to the public, and a higher quality of plant
materials in development, and
WHEREAS, the City Commission desires this Tree Replacement Program for Avery
V4ffds to be reviewed and approved by the Commission in a Development Agreement.
NOW, THEREFORE, in consideration of the mutual provisions and covenants
contained herein, the parties mutually agree as follows:
Section 1. Supplemental Agreement. This Agreement is adopted pursuant to Section 50)
of the Binding Development Agreement between CHC Development Co., Inc., a Florida
Ai
ration and the City of Winter Springs, a Florida municipal corporation, dated
o ("Original Binding Development Agreement"). This Agreement shall be deemed in
on to and supplemental to the Original Binding Development Agreement.
Section 2. Definitions. The following words shall have the meaning ascribed below unless
the context clearly indicates otherwise:
Page 1 of 3
FILE UM 2001750099
OR BujK 04174 PIAGE 0121
r� (a) City Arbor Ordinance. City Arbor Ordinance shall mean Chapter 5 of the City
Code of Ordinances otherwise known as the City Arbor Ordinance.
(b) Preferred Plant List. Preferred Plant List shall mean that list of plant materials
and corresponding Tree Replacement Credits shown in Exhibit "A" of this
agreement.
(c) Tree Replacement Assessment. Tree Replacement Assessment shall mean the
total amount of monetary compensation owed to the City of Winter Springs as
provided in the Arbor Ordinance for the replacement of trees cut, destroyed, or
removed from a property in the City as a result of development or
redevelopment.
(d) Tree Replacement Credit. Tree Replacement Credit shall be equal to one -
hundred ($100.00) dollars and no cents in tree replacement value.
Section 3. Arbor Ordinance Requirement. Inconsideration of trees which shall be cast,
removed or destroyed from the property known as Avery Woods by CHC or its agent, CHC
shall replace trees or monetarily compensate the City as provided in the Arbor Ordinance
according to the Tree Replacement Assessment established by the City.
Section 4. Tree Replacement Credit. CHC may deduct from their Tree Replacement
Assessment, Tree Replacement Credits based on the number of replacement credits as
provided in the Preferred Plant Material List, (Exhibit "A") to this Agreement provided that:
(i) All plant materials are Florida Grades and Standard One (1) or better;
and
(ii) All plant materials are properly installed; and
(iii) The landscape plan for the proposed. development to which the credits
are to be applied is prepared by a landscape architect licensed by the
State of Florida.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seal on the date
first written above.
Signed, sealed and delivered
in the presence of
OQQ�- u)aot-k
�� f.nel W bOl eve
(Print Name of Witness)
(I dm�-
(Print Name of Witness)
CHC DEVELOPMENT CO., INC.,
a Florida Corporation,
Page 2 of 3
FILE JM 2001750099
OR BOOK 04174 PAGE 0122
CITY OF•WINTER SPRINGS, a Florida ATTEST:
Muniz,lpal Corfiuiration,
:_'By: " _ By:
PART-- yor DREA L NZO-LUACES
C' Clerk
Jj
STATE OF FLORIDA
COUNTY OF ORANGE
The foregoing instrument was acknowledged before me this 0 day of )2001,
by CARL H. CAHILL, as President of CHC DEVELOPMENT CO., INC., a Florhacomporation,
who is personally known to me, or [ ] who has produced as identification.
NOTARY PUBLIC, State of Florida
mmission expires: F
Y
Amendment Avery Park.doe
„ a
:ok�wj eiyp : Pamefla R. Finne
MYCOMMISSION# DD018196 EXPIRES
' - May 4 2005
• r,.= BONDED TNRU TROY FAIN INSURANCk INC
Page 3 of 3