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HomeMy WebLinkAboutTab 24 Barclay Woods, LLC.pdf... r • 'i'ms INSTRUMENT WAS PREPARED BY: Patrick K. Rinka, Esquire . Lowndes, Drosdick, Doster, Kantor & Reed, P.A.. 215 North Eola Drive Post Office Box 2809 Orlando, FL 32802-2809 ( 407) 843-4600 AND SHOULD BE RETURNED TO: Anthony Garganese, Esquire Brown Salzman Weiss & Garganese 225 E. Robinson St., Suite 660 · Orlando, FL 32801 . (407) 425-9566 I lit.-.... ~NE MORSE, Cl.ERK OF CIRCUIT COURT SEMINOLE COUNTY BK 0541 8 i:•ss ()()48-00SE.. CLERK'S * 260412&749 RECOKDED 06/10/~ 04:27:~8 PN RECORDING FEES 78,QO RECORDED BY L Woodley FOR RECORDING DEPARTMENT USE ONLY DEVELOPER'S AGREEMENT 7 ~ TIDS DE~OPE~'S .AGREEMENT (the "Agreement") is made and executed this . day of Y , 2004, by. and between the CITY OF WINTER SPRINGS, a Florida municipal corporation (the "City"), wµose address is 1126 East S,R 434, Winter Springs, Florida 32708, and BARCLAY WOODS, LLC, a Florida limited liability company ("Barclay · Woods"), whose address is 1085 West Morse Boulevard, Suite A, Winter Park, Florida 32789. WIT N E S S ETH: :wiiEREAS, Barclay Wo<?ds is the fee simpl~ owner of (or has the contractual .right to purchase) certain real property located within the City in Seminole County, Florida and more particularly described in Exhibit "A"· attached hereto and incorporated herein by this reference (the "Property"); and . WHEREAS, Barclay Woods intends to develop the Property as a single-family residential (townhouse) community at a density of approximately ten (10) units per acre. (the "Project"); and · WHEREAS, pursuant to the approval of the City Coinmission on June 14, 2004, Barclay Woods desires to facilitate the orderly development of the Project on the Property as depicted in · those certain Final Engineering Plans for Barclay Woods Townhomes -City of Winter Springs, Florida prepared by Pecht-Evans Engineering, Inc. under Job No. 14201, dated December 2003 an~ approved by the City Commission on June 14,.4904 (the "Engineering Pl;ms") in compliance with the laws and regulations offl1,e City; and ·. . ; :: ·. · ~ : : . . WHEREAS, the City Commission has r.eco¢ffiend~d entering into tllls. Agreement with Barclay Woods fot the development of the Project'; ~d· -:' ·".< ; :'. · . · ...... :. 0909516\l 03441\711854\10 . - ' . WHEREAS, in addition to Barclay Woods' compliance with fue City Land De~~lopment Code (the "Code"), permitting and construction not in conflict herewith, the City and Barclay Woods desire to set forth the following special terms and conditions with respect to the development and.operB:tion of the Project. NOW, THER;EFORE, iii consideration of the mu~al promises and covenants contained herein, the parties mutually agree as follows: . 1. Recitals. The foregoing recitals are true and correct and are hereby incorporated herein by this reference. . 2. Author!!!. This Agreement is entered into pursuant to. the Florida Municipal Home Rule Powers A.ct. 3.. Obligations and Commitments. fu consideration of the City and Barclay Woods entering into· this Agreement, the City ~d;Barclay Woods hereby agree as follows: . . .. (a) Formation. of Homeowners' 'Association. Barclay Woods hereby ·. acknowledges and agrees"that it intends to form a mandatory homeo'Yt'.llers' association (the "Homeowners' Association") for purposes of (i) maintaining any and all common areas, landscaping, walls, fences and stonnwater drainage facilities associated with the Project, and (ii) satisfying the requirements for gated community status as hereinafter set forth. A separate Declaration of .Covenants, Conditions and Restrictions (the "Declaration") will be executed . an~ recorded among the Public Records of Seminole County, Florida to evidence the formation of the Homeowners' Association and es t ab li sh its rights, duties and obligations. (b) Buffer Walls and Fences. Notwithstanding the requirements of Section 20-417 of the Code, Barclay Woods shall install (i) a six (6) foot tall masonry wall alo"ng ·the eastern ~oundary line· of the Property; and (ii) ·a six ( 6) foot tall aluminum fence along the .western bounqary of the Property. The foregoing wall and fence shall each be erected· as soon as reasonably practicai' and· prior to any permanent vertical construction for the Project. The City hereby acknowledges that a masonry wall already exists along the northern boundary line of the Property, therefore no additional wall or buffer shall be required in such location, notWithstanding the req1:1irements of Section 20-417 of the Code to the contrary. (c) Sfan age. The City hereby aclmowledges and agrees that Barclay Woods · shall have the right; upon the full execution of this Agreement, to erect .construction signs, marketing signs and temporary signs (including up to four (4) "banner" signs) as described in Sections 20.;470(10), 20-470(11) and 20-470(16) of the "code, in locations reasonably ac.ceptable to the City, which signs shall be permitted to remain for a perio4 of nine (9) ~onths from the date hereof. Barclay Woods shall thereafter have the right to erect permanent Project identification signage at the main entran9e to the Project, which shall consist" of lettering attached ·to .the two entrance walls spelling "Barclay Woods" (total signage dimensions to be approximately 1 foot high and 11 feet wide). Any construction signs or marketing signs erected on the Project shall not ex~eed sixty:-four 0909516\103441\71I854\10 Developer's Agreement -2 - (64) ·s_quar~ feet in size. The CitY .hereby acknowledges and agrees that the Project shall not be subject to the fourteen· (14) day limitation on the erection of temporary "banner" signs as provided in Section 20:-470(16) of the Code. Barclay Woods and its. successors and assigns shall maintain all of'the signs erected pursuant to this Section 3(c) in a good condition _and state. of reJ?air. .. . , (d) Reimbursement for Water Line/Force Main. Barclay Woods, or its successors or assigns, s~iill be obligated to reimburse th~ City for a portion of the . construction costs previously incurred in connection with the installation of the existing w13;ter line and force main that will serve the Project (the "Utility Costs"). Barclay Wooq.s' pro. rata shar~ of the Utility Costs shall be calculated on the basis of the number of residential urtits approved for the Project and shall be paid to the City prior to the .issuance of a 9onsti;uction permit for the Project site work. . . (e) Gated Community. The City .hereby agrees that in the event that Barclay ·wo<?ds provides reasonable evidJice tl;iat the Ho~eowners' Association ha.S been duly .: . formed · and incorporat ed under T the laws of the Sta~e of Florida as a mandatory homeowners' association ~ith the authority and obligation to levy and collect regular and special assessments for the ongoing operation, maintenance and repair of any and all ,gates, recreational areas, streets and stonnwater drainage systems, and any other common areas located within the Project (he!einafter referred to as the ''Private _Roadway Improvements") and. otherwise complies with the requirements of Section 9.,157 of the Code, the City shall grant gated community status for the Project. Barclay Woods acknowledges that the internal Pr~ject road:ways comprising the Pi:ivate Roadway Improvements are designed at Barclay Woods' request and sole risk as twenty-two (22) foot wide inverted crown sections ~d do not meet City design standards as set forth in Sections 9-147 and 9-296 of the Code, therefore such roadways shall not become part of the City roadway system {and must remain private) in the future. The Homeowners' _Association shall have the. obligatjon, at its so~e cpst and expense,-to maintain, repair and replace (as ·necessary) the Private Roadway Improvements as described above, which obligation shall run with title to the residential lots within the Project as evidenced in the Declaration. The Declaration shall also establish such access and utility easement rights in favor of the Homeowners' Association and residents of the Project as may be necessary for the .orderly use and development of the Project. City and· other government~ emergency, code enforcement, .public and utility service personnel and v~hicles. shalt" be allowed access into .the Project in accordance :with Section 9-157(b) of the Code~ In addition, Barclay Woods shall constru~t a stabilized.twenty (20) foot emergency access . road, which road shall be constructed with recycled concrete fines and a top laye:r of woodchips and shall also inc.Iude a veget3:tive barrier. · (f) BuiJding Setbacks. The City hereby aclmowledges and agrees that since : all streets and roadways within the .Project will be private, the fifteen (15) foot building setbacks normally required from pul;>licly-dedicated rights-of-way (pursuant to Section 20-482 of the Code) shall not be required. Nevertheless, individual buildings within the Project (including patios and privacy walls) shall be constructed no closer than tWenty (20) feet from the back of the curb' of the private streets and roadways a& set forth in the ·Engineering Plans, and no part of any residential building (including patios and privacy 0909516\103441\711854\10 Developer's Agreement -3 - ' . walls) shall be constructed in common areas .. In addition, the City hereby agrees that the rear setback requirement shall pe reduced from ten (10) feet to seven (7) feet. · (g) Sidewalks. The City hereby agrees that all internal sidewalks within the Project shall only be required to be four ( 4) feet in· width in accordance with Section 9- . 221 of the Code. In addition, the Declaration sha.11 establish easement rights in favor of the Homeowners' Association to pennit sidewalks to extend into individual townhouse lots as depicted in the Engineering Plans. · (h) Model Units/Sales Office. Upon the completion of.the first .building on . the Property pursuant to the Engineering Plans (the "Model Building"), Barclay Woods shall have the' right to utilize four (4) units within such building as "~odel" units for sales .and marketing effqrts. Jn addition, Barclay Woods shall have the right to utilize one garage in the Model Building as a temporary sales office. The Model Building shall meet _all applicable handicap accessibt' :t}t requirements prior to being opened for business. ,The Model Building shall be· con erted·to permanent residential units at such time as the·: ... -..... Project development'is completed . · · (i) Construction 'Frailer. During the period from the date hereof through and until the completion of the construction of the Project, Barclay Woods shall have the right to maintain one (1) trailer ori the Property for use by its contractors and construction workers. · -· ·· G) Trash/Refuse Service./ The City ~ereby agrees that trash and refuse pickup will be provided for each individual residential unit, therefore no Project dumpsters will ·be located on the Property .~s otherwise requ_ired pursuant to Section 9-280 of the Code. · ·(k). Platting. Barclay Woods shall be required to plat the Property . in accordance with Section 9-75 of the· Code. Barclay Woods · shall submit a ·proposed 'lighting plan to the City contemporaneously with Its submittal of the proposed p~at. . . . (1) On Street Parking. Parking shall not be permitted along the internal Project roadways. Barclay Woods will provide separate remote parking areas to accommodate visitors and guests. (m) Patios. The r~sid'ential uni.ts within the· Project are intended to include covered patios. Barclay Woods hereby aclmowledges and agrees that no covered patio area or any screened enclosure is to be enclosed in any manner whatsoever so. as to becpme a part of the · living area o.f any attached single-family residence. (ri) Recreational Area. Barclay Woods shall be requ1red to provide a recreational area within .the Project in accordance with the Engineering Plans. . . ( o) Storm water Pond Maintenance Berm. The City hereby agrees that Barclay Woods shall only be required tC? maintain a six (6) foot maintenance .berm around the Project retention pond rather thari a ten (10) foot berm as required pursuant to Section 9- 241(d)(3) of the Code. 0909516\103441\711854\10 Dev eloper's Agreement -4 - ) ' . 4. Representations of the Parties. The City and Barclay Woods hereby each represent and warrant to .the other tliat it h~s the power and authority to execute, deliver and perform the tell!ls ·and provisions of this. Agreement and has taken all necessary action to authorize the execution, delivery and performance of this Agreement. This Agreement will, wh~n duly executed and delivered by the City and Barclay Woods. and recorded in the Public Records of Seminole County, Florida, constitute a legal, valid an~ bind~ng obligation enforceable against the parties hereto and the Property in accordance with the terms and conditioris of this Agreement. Barclay Woods represe~ts tha~ it has voluntarily and willfully executed this ·Agreement for purposes of binding the Property to the terms and conditions set forth in this Agreement. · · · 5. Successors and Assigns. ·This Agreement shall automatically be binding upon and shall inure to tht'. bent'.fit of the pty and Barclay Woods and their respective successors and assigns. Tbe .terms and conditions of tl'µs Agreement similarly shall be binding upon the .. Property and sha~ run-~~ ~itle to ~.es~~:. ::, . 6. Applicable ·Law. Thi~ /:Agreement shall be governed by and construed m aceo:rdance·with the laws of the State of Florida. · ·7~ Amendments. This Agreement shall not be modified 'or · am~nded except by ·written· agreement duly executed by both parties hereto (or their successors or assigns) and .approved by the City Commission: . 8. Entire Agreement. Th.is Aweement ~upersedes any other agreement, oral or written, and contains the entire agreement between the City :and Barclay Woods as to tl~e subject matter hereof. 9. Severabilitv. If any provision of this Agreement shall beheld 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. · 10. · Effective Date .. This ·Agreement shall become effective upon approval by the City Commission and execution of this Agreement by both parties hereto. 11. Recordation. This Agreement ~hall be recorded in the Public Records of Seminole County, Florida. 12. · Relationship of the Parties. The relationship of the parties to this Agreement is · contractual and Barclay Woods is an independent contractor and not an agent of the City. Nothing herein shall be deemed to create a joint Ventur~ or principal-agent relationship between · the parties, ~d neither party .is authorized to, nor shall either partY act toward third persons ·or the public in any manner, which would indicate ~y such reiationship with the other. 13. Sovereign Immunity. N~thi:rig 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 the state and federal law. 0909516\103441\711854\10 Developer's Agreement -5 - 14. Citts Police Power.. Barclay Woods 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 poliee powers. 15. 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 int~rpretation to this Agreement in the. event .of a dispute between the parties. 16. Permits. The failure of this Agreement to address any particular City,. county, state, and/or federal permit, condition, tenn, or restriction shall not re.lieve Barclay Woods or the City of· the necessity of complying with the law govemmg said permitting requirements, conditions, term, or restriction. 17. Third-Party Rights. This Agreement is not a third-party beneficiary contract and shall not in any way whatsoever cre~te.any rights on behalf of any third party .. 18. Specific Performance. Strict compliance shall be'requir~d 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 specifi". performance of these obligations may be obtained by a suit in equity. . 19. Attorn'ey's Fees. In connection with any arbitration or litig~Hon arising out of thi~ Agreement, the prevailing party shall be ~ntitled to recover reasonable attorney's fees and costs through all appeals to the extent pennitted by law. 20. Development ·Permits .. Nothing herein shall limit the City's authority to grant or deny any development permit applications or requ~sts subsequent to the effective date of this Agreement. The failure of this Agreement to addre'ss any particular City, County, State and/or Feder~l permit, condition, term or restriction shall not relieve Barclay Woods or the City of the necessity of complying with the law governing said permitting requirement, condition, term or restriction. · · [SIGNATURE~ FOLLOW ON NEXT PAGE] 0909516\l 03441\711854\10 Developer's Agreement -6 - IN w1TNESS WHEREOF; the parties have hereunto set their hands and seal on the -date first above written. I 0909516\103441\711854\10 Developer's Agreement CITY. OF WINTER SPRINGS APPROVED AS TO FORM AND LEGALITY For the use and reliance of the City of Winter Springs, Florida, only. Dated: -7 - ony arganese, City Attorney for the City of Winter Springs, Florida Signed, sealed and 4elivered in the presence of the following witnesses: Signature of Witness . 'i*!R.I CK JC. Kl11.<A Printed· Name.of Witness . ·STA'I'E OF FLq~IDA ./ BARCLAY WOO~S, LLC, a Florida limited liability company . ~OUNTY OF ..... u..ra. .......... ..,.· n ..... 5.q..;e ____ _ J . The fore going instrument was acknowledged day of U. ~ -, 2004, by u . r \:e as f\ +h_,,..( of BAilCLA Y WOODS, LLC, a limited lia,bili company, on behalf of s · d otnpany. He is personally known. to me or produced I as identification. -. (NOTARY SEAL) .· (Print Name) _ ,. ,,., "''•, · hny M Holden t_'fi ~\ MY COMMl$SION I 00205102 EXPIRES ~ ·: ·:"i April 21. 20()7 ~}\. • w e.ONClOtHltU MYPNN i!ISIJllANCF.. INi: .,R ,,.T;S . Notary Public, State of _________ _ Commission No.: _ __._ _________ _ My Comniission Expires:--------- 0909516\103441\711854\10 Developer's Agreement -8 - EXHIBIT II A II Legal Description -The West 2/5 of the East 5/8 of the North 1/4 of the Southeast 114 (LESS the East 165 feet) of _Section 4, Township 21 South, Range 31 East, Seminofo County, Florida; less that part lying ·within the right~of-way of State Road 434. . . .. .. 0909516\103441\711854\10 Developer's Agreement -9.-