HomeMy WebLinkAboutTab 25 Levitt & Sons of Seminole County, LLC (Jessup Reserve - Highlander Investments, LTD).pdf.. ·,
TIDS INSTRUMENT WAS PREPARED BY
AND SHOULD BE RETURNED TO:
Anthony Garganese
City Attorney of Winter Springs
rown Garganese, Weiss & D'Agresta, P.A.
225 E. Robinson St., Suite 660
Orlando, FL 32801
( 407) 425-9566
I IHl 11111 II Ill II 1111111111111 11111 II IA II Ill II Ill II Ill 11•11
MARYANI'-. .... )oRSE, CLERK OF CIRCUIT COURT
SEMINOLE COUNTY
BK 05516 PGS 1320-1342
CLERK#S :/I 2004176595
RECORDED 11/1&/2004 09:15:29 AM
RECORDING FEES 197.00
RECORDED BY J Eckeinoth
FOR RECORDING DEPARTMENT USE ONLY
P;RE-ANNEXATION DEVELOPER'S AGREEMENT
THIS PRE-ANNEXATION DEVELOPER'S AGREEMENT (the "Agreement") is
made and executed this 20th day of September, 2004, by and between the CITY OF WINTER
SPRINGS, a Florida: mtimcipal corporation (the "City"), whose address is 1126 East S.R. 434,
Wint er Springs, Florida 3270 8, an d HI GHLAN DER INVESTMENTS, L TD., a Florida
limited partnership ("Hi ghlan der"), whos e addr ess is 6966 Venture Circle, Orl an do, Flo rida
32807.
WITNE S SETH:
WHEREAS, Highlander is the fee simple owner of certain real property currently
located in unincorporated Seminole County, Florida .. and more particularly described in Exhibit
"A" .attached hereto and incorporated herein by this reference (the "Property"); and •,
WHEREAS, the City intends to annex the Property pursuant to the procedures
established under Section 171.0413, Florida Statutes or if the City deems necessary, the City
will pursue annexation under Section 171.044, Florida Statutes; and
WHEREAS, Highlander consents to the proposed annexation of the Property, provided
that Highlander is able to develop the Property as a single-family residential (townhouse)
community with individual fee simple owned units and a common area (the "Project") as
depicted in that certain Concept Plan, entitled Jessup Reserve Winter Springs Town Center,
dated August 23, 2004, and prepared by Carrin Associates under Job No. 204070, consisting of
seven (7) sheets including a concept plan, typical front elevations and colors for townhome
buildings, floor plans for 2 and 3 story units, and a proposed elevation and floor plan for the pool
building (collectively referred to as the "Concept Plan"), a copy of which is attached hereto as
Exhibit "B" and incorporated herein by this reference, and in accordance with the terms and
conditions of this Agreement; and " ,,
Developer's Agreement
City of Winter Springs and Highlander, LTD.
Page 1of17
WHEREAS, the City and Highlander desire to set forth the following special terms and
conditions with respect to the proposed annexation of the Property and development of the
Project.
NOW, THEREFORE, in consideration of the mutual 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. Authority. This Agreement is entered into pursuant to the Florida Municipal
Home Rule Powers Act.
3. Annexation. Highlander acknowledges and agrees that the City intends to annex
the Property in accordance with Section 171.0413, Florida Statutes. The City has agreed to enter
into this Agreement as an inducement to Highlander to grant its consent to such annexation. In
the event that the City fails to complete the foregoing annexation, Highlander hereby agrees to
apply for and pursue a voluntary annexation of the Property into the City pursuant to Section
171.044, Florida Statutes, provided that the other terms and conditions of this Agreement are
satisfied.
4. Obligations and Commitments. In consideration of the City and Highlander
entering into this Ai¥eement, .and as an inducement for Highlander to consent to the annexation
of the Property into the City, the City and Highlander hereby agree as follows:
(a) Approval of Concept Plan. The City hereby acknowledges and agrees
that the Concept Plan is acceptable; provided, however, Highlander shall have the
obligation to further submit and obtain the City's approval of a fmal subdivision plan and
final engineering plans. Highlander acknowledges and agrees that the Concept Plan was
not prepared with specific surveyed dimensions and that during the final subdivision and
final engineering process such dimensions shall be surveyed, duly engineered, and
provided to the City. Further, the elevations and roof lines depicted in the Concept Plan
for the townhorile buildings will have to be adjusted to the City's satisfaction in order to
accommodate a different number of units than what is shown in the Concept .Plan.
Moreover, Highlander understands that the City will require that the color of the
townhome buildings be varied from building to building. As such, Highlander and the
City agree that the Concept Plan is intended to be conceptual in nature and subject to
reasonable adjustments at the final subdivision and final engineering phase in order to
bring the Project into compliance with the City Code.
(b) Utilities. Tl:ie City hereby acknowledges and agrees that it currently has
sufficient water and sewer treatment plant capacity available to service the Property and
shall provide such services to the Project as depicted in the Concept Plan. Highlande~
acknowledges and agrees that offsite improvements may be necessary, at Highlander's
cost, to provide water and sewer service to the Property including, but not limited to,
force main, lift station and pump upgrades. Further, all water and sewer improvements
required on-site to service the Property shall be at Highlander's expense.
Developer's Agreement
City of Winter Springs and Highlander, LTD.
Page 2of17
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( c) Roadw ay s ; C ollecto r Road Unless otherwise provided in this paragraph,
all roadways shali be designed and constructed pursuant to the Town Center District
Code . In order to facilitate the safe, efficient and orderly flow of traffic throughout the
Winter Springs Town Center, the City desires to have a collector road running through the
Property which connects with Doran Drive located across S.R. 434 and eventually
connecting too, and running through, the adjacent property to the east (Ondick Property)
to Tuskawilla Road ("Collector Road"). The Collector Road shall serve as the primary
entrance to the Project from S.R. 434. The Collector Road shall be designed, located and
constructed in accordance with the Concept Plan and shall consist of three different
design segments. The S.R. 434 entrance shall consist of an Urban Boulevard design and
connect to a Neighborhood Street. The design requirements for the Urban Boulevard and
Neighborhood Street are set forth in the Town Center District Code . The Neighborhood
Street shall connect to a modified Edge Prive design which is attached hereto as Exhibit
"C" and incorporated herein by this reference. The City agrees to promptly amend the
Town Center Transportation Master Plan to incorporate the Collector Road into said ·Plan.
Further, the parties acknowledge that the City is currently in the process of amending its
Comprehensive Plan (Transportation Element Policy 1.5.14) to eliminate the bike lane
requirement for collector roads within the Town Center and that upon final approval of
the amendment, the bike lane will not be required for the Collector Road. Subject to final
City approval, Highlander agrees to design, permit, and construct that portion of the
Collector Road located on their Property; provided, however, the City shall reimburse
Highlander for the reasonable costs thereof For purposes of this Agreement, (i) the
design costs shall include the costs and expenses of land surveying, civil engineering,
landscape architecture, irrigation design, electrical engineering and lighting design, and
(ii) the construction costs shall include the costs and expenses ~or clearing, grubbing and
earth excavation, and for the construction of all storm drainage facilities, Progress Energy
approved decorative street lights, landscaping, hardscape, irrigation, sidewalks, curbs,
pavement, striping, sign.age and any required additional o:ffsite improvements related to
the Collector Road (all of the foregoing costs and expenses are hereinafter collectively
referred to as the "Roadway Expenses"). To the extent any of the Roadway Expenses
also benefit other aspects of the Project not related to the Collector Road (e.g.,
stormwater improvements for the buildings and common areas), the City shall only be
responsible for reimbursing the proportionate share of the particular expense related to
the Collector Road. The City shall reimburse Highlander in the amount of the Roadway
Expenses within ninety (90) days after the Collector Road has been completed arid
accepted by the City. At the City's option, the City may provide transportation impact fee
credits to Highlander to be applied to the Roadway Expenses owed by the City. In the
event the City elects to provide such credits, the payment of the transportation impact fee
credits by Highlander shall be reconciled at the time the Collector Road is accepted by
the City. If the Roadway Expenses exceed the amount of the transportation impact fee
credit, the City shall reimburse Highlander, by check, the amount of the Roadway
Expense in excess of the transportation impact fee credit. On the other h_and, if the
Roadway Expenses are less than the amount of the transportation impact fee credit,
Highlander shall pay the City, by check, the amount of the transportation impact fee in
excess of the Roadway Expenses.
Developer's Agreement
City of Winter Springs and Highlander, LTD .
Page 3of17
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Highlander agrees that all Roadway Expenses shall be subject to an informal
competitive bid process under which Highlander shall obtain three (3) written quotes or
bids. Each quote or bid shall be submitted to the City for review and approval prior to
Highlander entering into any contract for the design, permitting and construction of the
Collector Road. Highlander further agrees that at the time reimbursement for any
Roadway Expense is requested, Highlander shall provide the City with a copy of all
applicable invoices, receipts, warranties, maintenance bonds, and documentation,
including all change orders, which shall clearly evidence each reimbursable Roadway
Expense. The City shall not be responsible for reimbursing any Roadway Expense which
can not be properly and reasonably documented in writing. The City shall not
unreasonably withhold any approvals required under this paragraph.
Highlander agrees to convey to the City that portion of the Collector Road located
on the Property and all other roadways (excluding alleyways) depicted on the Concept
Plan, along with all related improvements thereon and thereunder. All such land
conveyances shall be by a recorded plat and free and clear of all encumbrances.
Conveyance of improvements shall be by bill of sale and free and clear of all liens. The
plat and bill of sale shall be in a form acceptable to the City Attorney.
(d) Construction of Neighborhood Street on Eastern Boundary The
parties aclmowledge that the Concept Plan requires that a Neighborhood Street be
constructed along the eastern boundary of the Property running _perpendicular with S.R.
434. Said Neighborhood Street shall be designed and aligned as a fully functional
intersection with Cliff Rose Drive located across S.R. 434. However, Highlander only
owns half of the property that is required to fully construct said street. As such, unless
additional lands are made available to construct the full width of the street prior to
platting, Highlander shall plat only half of the Neighborhood Street with the
understanding that the City desires that the other half of the street be provided by the
adjacent property owner (Ondick) in the future. Highlander agrees to convey the half
portion of the Neighborhood Street to the City by recorded plat. Said conveyance shall
be in the same manner as the Collector Road. Upon conveyance, the City will design,
permit, and construct the Neighborhood Street at such time the City acquires the full
amount of land that is required to construct the full width of the street. Notwithstanding,
the City, at its option, may construct the half portion of said street located on the
Property, provided the City can successfully acquire a temporary construction easement
from the adjacent property owner. If the construction easement cannot be obtained, the
City shall construct a sidewalk on the half portion of street for the benefit of the
townhome units that will be fronting said street. Because the parties aclmowledge and
agree that the final construction of this Neighborhood Street will require future land
acquisition by the City and phased construction, the timing of which is uncertain, the City
Commission hereby waives the provisions of Section 9-152 and 9-154 prohibiting Yi
platted streets and requiring cul-de-sacs at dead ends.
(e) Construction of Stormwater Improvements. Highlander shall design the
Project to accommodate the storm.water requirements for the Property, including the
roadway improvements to be located adjacent to and/or within the Project. The City shall
permit Highlander to ·use any existing City rights-of-way and/or easements to
Developer's Agreement
City of Winter Springs and Highlander, LTD.
Page 4of17
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accommodate stormwater generated from the Property, provided said use is deemed
acceptable and feasible by the City. Highlander shall provide any additional property that
is necessary to accommodate stormwater generated from the Property. At the City's
request, Highlander agrees to design, permit and construct oversized stormwater facilities
to service adjacent properties and the extension of the Collector Road from the Property
to Tuskawilla Road. The City shall reimburse Highlander for the full cost of oversizing
said facilities in accordance with the procedures set forth in paragraph 3( c) herein.
(f) Installation of Utilitv Lines by Highlander. Highl ander hereby
acknowledges and agrees that all overhead utilities along the frontage of the Project shall --
be installed underground along the boundary of the Property with S.R. 434. By recorded
plat, Highlander shall convey to the City a utilities easement, fifteen (15) feet in width,
along the entire northern boundary of the Property adjacent to S.R. 434 in a form
acceptable to the City Attorney.
(g) Easement for Traffic Signal. Within thirty (30) days of the effective date
' of this Agreement, Highlander shall grant and convey to the City two lO'xlO' easement
areas, in a form and in locations mutually acceptable to Highlander and the City, within
the Property at the intersection of Doran Drive and S.R. 434, to facilitate the City's
installation, maintenance and repair of traffic signal facilities at the City's sole cost and
expense. Highlander acknowledges that the design, permitting and installation of the
traffic signal is expected to take the City at least nine (9) months to complete.
(h) Town Center Code Waivers. Based on the Concept Plan and
Highlander's agreement to the terms and conditions set forth in this Agreement, the City
Commission hereby grants the following waivers to the Town Center District Code
pursuant to the special exception criteria enumerated in Section 20-32l(c):
(1) The buffer wall requirement along the southern perimeter boundary as
required by Section 20-417.
(2) The :frontage road required by Section 20-325(c)(8), except as shown on the
Concept Plan.
(3) The Edge Drive requirements set forth in Section 20-325(c)(ll) and the
Squares, parks, and streets map in Section 20-325(c), provided the Collector Road and
other streets are designed, permitted, and constructed in accordance with the Concept
Plan. fu addition, the Collector Road shall comply with the modified Edge Drive section
plan attached hereto as Exhibit "C" and a total of a minimum of one hundred and three
(103) on-street guest parking spaces are provided for the Project on the Property.
(i) Trash/Refuse Pick-up. No trash dumpster shall be located on the
Property. Trash and refuse service to the townhome units and common areas will be
provided for each individual townhouse unit or area by individual containers and pickup
shall be required in the alleys depicted on the Concept Plan.
G) Wall Requirement. fu accordance with Section 20-417, Winter Springs
City Code, Highlander shall construct an opaque wall of six (6) feet in height along the
Developer's Agreement
City of Winter Springs and Highlander, LTD.
Page 5of17
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full length of the western property line excluding the frontage road. Vegetative screening
shall also be provided along the western property line excluding the frontage road.
(k) lVIandatory Homeowner's Association Required. Highlander shall form
a mandatory homeowners association (the "Homeowners' Association") for purposes of
maintaining any and all common areas, landscaping, entrance signs, walls, fences,
recreational areas, and stormwater facilities associated with the Project. A separate
Declaration of Covenants, Conditions and Restrictions (the ''Declaration") will be
executed and recorded among the Public Records of Seminole County, Florida to
evidence the formation of the Homeowners~, Association and establish its rights, duties
and obligations. The Declarations shall be in a form acceptable to the City Attorney and
shall require the Homeowners' Association, and the members thereof, to be bound by the
terms and conditions of this Agreement.
(1) Construction and Use of Model Homes. Prior to the recording of the
final plat, the City agrees to permit Highlander to construct model townhouse units under
the following conditions:
(1) The model townhouse units shall be contained in a single building and
shall not exceed five (5) individual units.
(2) The model townhouses shall remain under Highlander's ownershi p and
control until such time as the fi.J;IBI plat is recorded by the City and a final certificat e of
occupancy for each unit is issued under the conditions set forth b el ow. fu other words,
Highlander shall not contract for sale, sell, or lease any of the individual model
townhouse units until such time as the City approves and records the final plat for the
Project and issues a final certificate of occupancy for each unit.
(3) The model townhouse units shall be located along the Urban Boulevard
depicted on the Concept Plan.
( 4) Prior to construction, the model townhouses shall be duly permitted by the
City in accordance with all City Codes. As part of the building permit application,
Highlander shall submit, along with all construction plans for the townhouse unit~, a duly
certified boundary survey which shall depict the location and legal description of the
model townhouse site and each individual model townhouse lot. Highlander
acknowledges ·and agrees that this legal description is intended to coincide with the
eventual location of the townhbuse lots as depicted and legally described on the final plat
Highlander assumes full and complete responsibility and liability in the event that said
legal descriptions do not conform to the lot lines required by the City in the final plat.
(5) At such time the Building Official completes and approves a final
inspection of the model townhouse units, the City will issue a temporary certificate of
occupancy. Said temporary certificate of occupancy shall be issued for the model
townhouse building as a whole, not by individual units. Occupancy of the to wnhouse
units shall be limited to the sale and marketing efforts for the Project. In addition,
Developer's Agreement
City of Winter Springs and Highlander, LTD .
Page 6of17
Highlander shall have the right to utilize one garage in the model townhouse building as a
temporary sales office.
(6) At the request of Highlander or at such time the Project development is
completed, whichever occurs sooner, the model townhouse units shall be converted into
permanent residential units and the City shall issue individual certificates of occupancy
for each model townhouse unit; provided, however, the final plat is approved and
recorded by the City and the Building Official determines that the units are suitable for
permanent residential occupancy and in compliance with the City Code.
(m) Right-of-way along Southern Border of Property. The parti es
acknowledge and agree that an unimproved right-of-way owned by the City is located
along the southern perimeter of the Property and abuts the adjacent Tuskawilla Trails
manufactured home park. The City agrees that Highlander shall have the nonexclusive
use of the right-of-way for purposes of constructing-an alley and vegetative screening as
depicted on the Concept Plan and approved by the City. The vegetative screening shall
be installed and maintained along the entire southern boundary of the right-o f-way for
purposes of screening the Project from Tuskawilla Trails. In consideration of receiving
the nonexclusive benefit of using this nght-of-way to enhance the Project, Highlander
agrees, at its cost, to maintain at all time said right-of-way, and all Project improvements
thereon, in a good and reasonable condition.
(n) Recreation~[ Area. Highlander shall be required to provide and
maintain a recreational area within the .. ~oject in accordance with the Concept Plan and
final engineering plans approved by the City.
( o) Guest Parkine So aces. Highlander shall construct a m1mmum of
one hundred and three (103) on-street guest parking spaces within the Project.
(p) Development Permit Fees. Highlander agrees to pay all ordinary and
customary development permit fees imposed by the City including, but not limited to,
application, building, and impact fees. The City agrees, however, that the annexation,
town center future land use map comprehensive plan amendment, and town center
rezoning application fees are hereby waived. Such fees are waived in consideration of
Highlander's agreement to fully cooperate with the City's efforts to administratively
process such applications in furtherance of the Town Center policies contained in the
City's Comprehensive Plan.
5. Representations of the Parties. The City and Highlander 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 Highlander and recorded in the Public Records of
Seminole County, Florida, constitute a legal, valid and binding obligation enforceable against the
parties hereto and the Property in accordance with the terms and conditions of this Agreement.
Highlander represents that it has voluntarily and willfully executed this Agreement for purposes
Developer's Agreement
City of Winter Springs and Highlander, LTD.
Page 7 ofl7
of binding the Property and the Homeowners' Association, and the members thereof,_to the terms
and conditions set forth in this Agreement.
6. Successors and Assigns. This Agreement shall automatically be binding upon
and shall inure to the benefit of the City and Highlander and their respective successors and
assigns including, but not limited to, the Homeowners' Association and the members thereof.
The terms and conditions of this Agreement similarly shall be binding upon the Property and
shall run with title to the same.
7. Anolicable Law._ This Agreement shall be governed by and construed m
accordance with the laws of the State of Florida.
8. Amendments. This Agreement shall not be modified or amended except by
written agreement duly executed by bo_th parties hereto (or their successors or assigns) and
app~oved by the City Commission. --
9. Entire Agreement. This Agreement supersedes any other agreement, oral or
written, and contains the entire agreement between the City and Highlander as to the subject
matter hereof.
10. Severabilitv. If any provision of this Agreement shall beheld to be invalid or
llllenforceable to any extent by a co.urt of competent jurisdiction, the same shall not affect in any
respect the validity or enforceability of the remainder ofthis Agreement.
11. Effective Date. This Agreement shall become effective upon approval by the
( City Commission and execution of this Agreement by both parties hereto. ·
12. Recordation. This Agreement shall be recorded in the Public Records of
Seminole County, Florida.
13. Relationship of the Parties. The relationship of the parties to this Agreement is
contractual and Highlander is an independent contractor 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.
14. Sovereign Immunity. Nothing contained in this Agreement shall be construed as
a waiver of the City's right to sovereign im.Intmi'ty under Section 768.28, Florida Statutes, or any
other limitation on the City's potential liability under the state and federal law.
15. C~ty's Police Power. H~ghlander 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.
16. 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.
Developer's Agreement
City of Winter Springs and Highlander, LTD.
Page 8of17
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17. Third-Party llights. 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.
18. Specific ~erformance. 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.
19. Attornev's Fees. In connyction 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.
20. Development Permits. Nothing herein shall limit the City's authority to grant or
deny any development permit applications or requests subseqt:1.ent to the effective date of this
Agreement. The failure of this Agreemynt to address any particular City, County, State and/or
Federal permit, condition, term or restriction shall not relieve Highlander 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 or
unit if Highlander is in breach of any term and condition of this Agreement.
[SIGNATURES FOLLOW ON NEXT PAGE]
Developer's Agreement
City of Winter Springs and Highlander, LTD.
Page 9 of17
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IN WITNESS WHEREOF, the parties have hereunto set their hands and seal on the
date first above written.
CITY OF WINTER SPRINGS
By~~/.~
Ji?h~ush,11ayor
APPROVED AS TO FORM AND LEGALITY
For the use and reliance of the City of Winter
Springs, Florida, only.
Dated:
By:
Developer's Agreement
City of Winter Springs and Highlander, LTD .
Page 10of17
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Signed, sealed and delivered in the
presence of the following witnesses:
~~ ~~
Printed Name of Witness
STATE OF FLORIDA
COUNTY OF CJ /I~ ~-'£ <Z...
The foregoing instrumen~ was acknowledged before me this (J r-d day of ev , 2004, by~P.,~t.V .. ~~d , as --'-~-.1"'-~_d'_ .. ___ _
of HIGHLAND R~VESTMENtS";"i:f ., a Florida limited partnership, on behalf of said
partnership. e is personally known to me · produced as
identificatio ~: ~~~~~~~~--~
(NOTARY SEAL)
(Print Name)
Notary Public, State
Commission No;: ------------My Commission Expires: ________ _
Developer's Agreement
City of Winter Springs and Highlander, LTD .
Page 11of17
EXHIBIT II A"
Legal Description
Parcel 36-20-30-502-0000-0020:
That part of the unplatted part of Block B of Mitchell's Survey of the Levy Grant desc:ci.bed as
beginning at a point 1186 feet North 38°45' West of the most Easterly Comer of that part of said
Block B lying South West of the Sanford-Oviedo Road and running North 38°45' West 400 feet
along the Westerly line of the Sanford-Oviedo Highway; thence South 51°15' West 351.1 Feet;
thence South 22°15' East 417.6 feet; thence North 51°15' East 470.78 feet to the Point of
Beginning, all in Block B of Mitchell's Survey of the Levy Grant, according to plat thereof as
recorded in Plat Book 1, Page 5, Public Records of Seminole County, Florida, Less and Except
the right of way for State Road 434, formerly Sanfor~-Oviedo Road.
TOGETHER WITH:
Parcel #36-20-30-502-0000-0040:
_Beginning at the most Easterly corner of Block B, of D.R. Mitchell's Survey of the Levy Grant,
recorded in Plat Book 1, Page 5, lying on the South and West side of the paved road from
Sanford to Oviedo; thence along the Southwesterly side of said paved road North 38 degrees 45
minutes West 986 feet for the point of beginning;· thence North 38 degrees 45 minutes West 100
feet; thence South 51 degrees 15 minutes West 250 feet; thence South 38 degrees 45 minutes
East 100 feet; thence North 51 degrees 15 minutes East 250 feet to the Point of Beginning; Less
and except right-of-way for State Road 434.
TOGETHER WITH:
Parcel #36-20-30-502-0000-004B:
Beginning at the most Easterly corner of that part of Block "B" of the D. R. Mitchell Survey of
the Levy Grant, as recorded in Plat Book 1~ Page 5, of the Public Records of Sem1nole County,
Florida, lying South and West of the paved road from Sanford to Oviedo; thence along the
Southwesterly side of the said paved road North 38 degrees 45 minutes West 1086 feet; thence
South 51 degrees 15 minutes West 235 feet for a point of beginning; thence North 38 degrees 45
minutes West 100 feet; thence South 51 degrees 15 minutes West 235.78 feet; thence South 22
degrees 15 minutes East 104.4 feet; thence North 51 degrees 15 minutes East 265.7 feet to the
point of beginning.
TOGETHER WITH:
Parcel #36-20-30-502-0000-004C:
Beginning at the most Easterly comer of that part of Block B of the D.R. MITCHELL SURVEY
OF THE LEVY GRANT as recorded in Plat Book 1, Page 5, Public Records of Seminole
County, Florida, lying South and West of paved road from Sanford to Oviedo, thence along the
Southwesterly side of said paved road North 38 degrees 45 minutes West 986 feet, thence South
51 degrees 15 minutes West 250 feet for a POINT OF BEGINNING, thence South 51degrees15
minutes West 100 feet, thence North 38 degrees 45 minutes West 100 feet, thence North 51
degrees 15 minutes East 100 feet, thence South 38 degrees 45 minutes East 100 feet to the
POINT OF BEGINNING.
AND
Beginning at the most Easterly comer of that part of Block B of the D.R. MITCHELL SURVEY
OF THE LEVY GRANT as recorded in Plat Book 1, Page 5, Public Records of Seminole
County, Florida, lying Soµ_th and West of paved road from Sanford to Oviedo, thence along the
Southwesterly side of said paved road North 38 degrees 45 minutes West 986 feet, thence South
51degrees15 minutes West 350 feet for a POINT OF BEGINNING, thence North 38 degrees 45
minutes West 100 feet, thence South 51 degrees 15 minutes West 150.70 feet, thence South 22
degrees 05 minutes 34 seconds East 104.38 feet, thence North 51 degrees 15 minutes East 180.62
feet to the POINT OF BEGINNING.
TOGETHER WITH:
Parcel #36-2 0-30-502 -00000-004A:
Beginning at the most Easterly comer of that part of Block B of the D.R. MITCHELL SURVEY
OF THE LEVY GRANT, as recorded in Plat Book 1, Page 5, of the Public Records of Seminole
County, Florida, lying South and West of the paved road from Sanford to Oviedo;. thence along
the Southwesterly side of the said paved road North 38 degrees 45 minutes West 1086 feet to the
POINT OF BEGINNING; thence North 38 degrees 45 minutes West 100 feet; thence South 51
degrees 15 minutes West 235 feet; thence South 38 degrees 45 minutes East 100 feet; thence
North 51 degrees 15 minutes East 235 feet to the POINT OF BEGINNING, LESS AND
EXCEPT right-of-way for State Road 434.
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TOGETHER WITH:
Parcel #36-20-30-502-0000-0050 and 36-20-30-502-0000-0060:
Commence at the most Easterly comer of that part of Block B of the D. R. Mitchell Survey of
the Levy Grant as recorded in Plat Book 1, Page 5, of the Public Records of Seminole County,
Florida, lying South and West of the paved road from Sanford to Oviedo; thence along the
Southwesterly side of said paved road North 38°45 100" West, 786.00 feet to the POINT OF
BEGINNING; thence North 38°45'00" West, 200.00 feet; thence South 51°15'00" West, 530.12
feet; thence South 22°08'19" Eas~ along the easterly line of a 30 foot wide unnamed right-of-way
per said D. R. Mitchell Survey of the Levy Grant, a distance of 208.71 feet; thence North
51°15 100" East, 589.79 feet to the POINT OF BEGINNING; same lot being Lot 5 of survey of
Joe E. Johnston, C.E. Deed Book 147, Page 221. Less right of way for State Road 434 pursuant
to that certain Order of Taking recorded in Official Records Book 2831, Page 1024, of tl1e Public
Records of Seminole Colln.ty, Florida;
AND
Lot 6, Joe E. Johnston Survey, Block B ofD. R. Mitchell Survey of the Levy Grant, Plat Book 1,
Page 5, Public Records of Seminole County, Florida. That part of the unplatted part of Block B
of the D.R. Mitchell Survey of Levy Grant in Seminole County, BEGINNING at a point 586.00
feet North 38°45'00" West of the most Easterly comer of said unplatted part of Block B, lying
South and West of the paved road leading from Sanford to Oviedo, thence North 38°45'00"
West, 200.00 feet along Westerly line of the Sanford-Oviedo Highway; thence South 51°15 100"
West, 589.79 feet; thence South 22°08'19" East along the easterly line of a 30 foot wide
unnamed right-of-way per said D. R. Mitchell Survey of the Levy Grant, a distance of 208.71
feet; thence North 51°15'00" East, 649.45 feet to the POINT OF BEGINNING, same being Lot 6
of a Survey made by Joe E. Johnston, C.E. LESS a parcel of land being described as: Beginning
at a point 686 feet North 38°45' West of the most Easterly comer ofunplatted part of Block B, of
D.R. Mitchell Survey of the Levy Grant, according to the plat as recorded in Plat Book 1, Page
5, Seminole County, Public Records, lying South and West of the paved road leading from
Sanford to Oviedo, thence North 38°45' West 100 feet along Westerly line of the Sanford-
Oviedo Highway, thence South 51°15' West 200 feet thence South 38°45 1 East 100 feet, thence
North 51°15 1 East 200 feet to the point of beginning, same being a part of Lot 6 of Survey made
by Joe E. Johnston, CE. LESS right-of-way for State Road 434 pursuant to that certain Order of
Taking recorded in Official Records Book 2831, Page 1024, of the Public Records of Seminole
County, Florida.
I' ) )
TOGETHER WITH:
Parcel #36-20-30-502-0000-006A :
Beginning at a point 686 Feet North 38°45' West of the most Easterly comer of unplatted part of
Block B of D. R. Mitchell Survey of the Levy Grant, according to the plat thereof as recorded in
Plat Book 1, Page 5, of the Public Records of Seminole County, Florida, lying South and West of
the paved road leading from Sanford to Oviedo, thence North 38°45' West 100 Feet along
Westerly line of the Sanford-Oviedo Highway, thence South 51°15' West 200 Feet, thence South
38°45' East 100 Feet, thence North 51°15' East 200.00 Feet to the p-oint of beginning, same
being part of Lot 6 of a survey made by Joe E. Johnston, C.E., less right of way for State Road
434 pursuant to that certain Order of Taking recorded in Official Records Book 2831, Page 1024
of the Public Records of Seminole County, Florida.
I'
THIS INSTRUMENT WAS PREPARED BY
AND SHOULD BE RETURNED TO:
Anthony A. Garganese
1
P 1City Attorney of Winter Springs
V-JBrown, Garganese, Weiss & D'Agresta, P.A.
• 225 E. Robinson St., Suite A660
Orlando, FL 32801
(407) 425-9566
MAaYANNE MORSE\ CLERK OF CIRCUIT COURT
!ff1 ~~11>as 0431-0439
CLERK'S * 2005084466
RECORDED 05/20/2005 04:33:14 P"
RECORDING FEES 78.00
Rl:COROED fJY G Harfol'd
FOR RECORDING DEPARTMENT USE ONLY
TOWN CENTER PHASE I SITE "DEVELOPMENT PERMIT AGREEMENT
THIS TOWN CENTER PHASE I SITE DEVELOPMENT PERMIT
AGREEMENT (the "Permit") is issued by the CITY OF WINTER SPRINGS, a Florida
Municipal Corporation (the "City''), whose address is 1126 East S .R. 434, Winter Springs,
Florida 32708, and agreed to by IDGHLANJ)ER INVESTMENTS, LTD., a Florida limited
partnership ("Highlander"), whose address is 6966 Venture Circle, Orlando, Florida 32807, on
this 10th day of May, 2005.
WITNESSETH:
WHEREAS, Highlander and the City previously entered into a binding Pre-Annexati on
Developer's Agreement dated September 20, 2004 and recorded November 16, 2004 in Official
Records Book 05516, Pages 1320-1342 of the Public Records of Seminole County, Florida (the
"Developer's Agreement"), relating to certain real property located in Seminole County, Florida
and more particularly described therein and in Exhibit "A" (the "Property"); and
WHEREAS, in accordance with the Developer's Agreement, Highlander has submitted
final engineering plans and other site development data and information to develop the Property
which are currently being reviewed by the City for final approval; and
--
WHEREAS, pending final engineering approval, Highlander has requested that th e City
permit preliminary site development work consistent with the submitted final engineering plans;
and ·
WHEREAS, although the final engineering plans have not been finalized and approved
by the City, said plans and the site development data and information submitted to-date are
sufficient enough for the City to issue a Phase I site development permit in order to allow
Highlander to perform a limited scope of preliminary site development work in advance of final
engineering approval under the terms and conditions stated herein; and
WHEREAS, substantial land clearing and restoration of the Property is specifically
contemplated and req~ed by t~e City's Town:Center policies and code in order permit dense
,•
Town Center Phase I Site bevelopment Permit Agreement
City of Winter Springs and Highlander Investments, Ltd.
-1 -
="EVERY PAGE" 0909536\104086'840970\l 0909536\104086'840970\l
development and a neo-traditional scheme of new tree canopied streets and planned green
spaces; and
WHEREAS, in furtherance of this request, the City desires to permit a limited scope of
Phase I site development work under the terms and conditions stated herein and agreed to by
Highlander; and
NOW THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties mutually agree to the terms and conditions set forth under this Permit as
follows:
1.0 Recitals. The foregoing recitals are true and correct and are hereby fully
incorporated herein by this reference.
2.0 Scope of Work. The scope of this Permit is limited to the following preliminary
site development work on the Property:
2.1 Demolition. The demolition and removal of any existing
buildings and structures.
2.2 Removal of Vegetation. The removal of any existing trees, stumps and other
vegetation which will not be preserved on the Property.
2.3 Removal of Muck. The removal of any existing muck.
2.4 Dewatering. The dewatering of any existing surface and/or
ground water.
2.5 Gradingl.filli11g. The grading and filling of the Property m
furtherance of the planned development.
2.6 Removal of Septic Tanks. The removal of any existing septic tanks and
drainage fields.
2.7 Closing Wells. The closing of any existing water wells.
All preliminary site development work shall be performed and completed within one
hundred and twenty (120) calendar days of the Effective Date of this Permit and in accordance
with all applicable local, state, and federal laws, regulations, and permits. The completion date
may be reasonably extended by the City Commission upon good cause shown. Any site
development work not specifically authorized hereunder is hereby strictly prohibited.
Highlander shall be required to obtain other City permits required to implement the work
authorized by this Agreement including, but not limited to, demolition and arbor permits.
During the term of this Permit, the City and its agents shall have the unconditional right of entry
onto the Property to conduct inspections to determine compliance with the terms and conditions
of this Permit.
Town Center Phase I Site Development Permit Agreement
City of Winter Springs and Highlander Investments, Ltd.
-2 -
="EVERY PAGE" 0909536\104086'840970\1 0909536\104086'840970\1
3.0 Condition Precedents t o Commencement of Work. Prior to commencing the
work set forth in section 2.0, the following documents shall be submitted by Highlander to the
City in a form acceptable to the City:
3.1 Sketch Plan. A sketch plan depicting the preliminary site development work
authorized under section 2.0 and a stabilized construction entrance.
3.2 Construction Vehicle Routing Plan. A construction vehicle routing plan which is
designed to provide for a safe and convenient route for construction vehicles and equipment to
go to and from the Property. Said plan is subject to modification by the City Manager in order to
safeguard persons and property.
3.3 Other Government Agency Permits. A copy of any and all required permits
issued by any other government agency including, but not limited to, a St. John River Water
Management District Incidental Work P~rmit and a Seminole County Health Department Septic
Tank and Drainage Removal Permit.
3.4 Engineer Certifications. A written certification from the appropriate project
engineer or consultant documenting that the work authorized under section 2.0 is in compliance
with applicable environmental laws including, but not limited to, laws applicable to endangered
or threatened species, artesian water wells, hazardous materials, and historical artifacts.
Highlander shall have the duty to keep updated and current plans, permits, and
certifications on file with the City during the term of this Permit. This Permit shall not become
effective until such time as the City receives and approves the documents required by this
section.
4.0 Permit Fee. Upon issuance of this Permit, Highlander shall pay a permit fee
equal to one percent (1 %) of the estimated construction value of the work authorized by section
2 .0.
5.0 Default; Restoration of Property. The City reserves the right to revoke or
suspend this Permit if the City determines that Highlander is not in compliance with the terms
and conditions of this Permit. Prior to revoking or suspending the Permit, the City will provide
Highlander with written notice identifying any default of the Permit terms and conditions. Upon
receipt of the notice of default, Highlander shall have five ( 5) days to cure the default to the
City's satisfaction unless additional time is granted by the City Manager.· If Highlander fails to
cure the default, the City shall have the right to revoke or suspend this Permit. If the City
suspends or revokes the Permit, Highlander shall immediately secure and restore the Property to
a safe condition to the City's satisfaction so that the Property does not become a public nuisance
or a health and safety hazard. At the City's discretion, restoration may include, but not be
limited to, removal of debris and vegetation, grading of the Property, mulching, seeding, erecting
sand barriers, fencing, and other activities to stabilize the Property from erosion. If Highlander
fails to properly restore the Property within a reasonable period of time, the City shall have the
right to make claim to and use the Phase I Security to complete the restoration. In the event the
amount of the Phase I Security is not sufficient to cover the City's expenses to restore the
Property, Highlander agrees, upon written notice by the City, to reimburse the City for any
incurred expenses not covered by the Phase I Security. If Highlander fails to fully reimburse the
Town Center Phase I Site Development Permit Agreement
City of Winter Springs and Highlander Investments, Ltd.
-3 -
="EVERY PAGE" 0909536\104086~40970\l 0909536\104086~40970\l
City, the City shall have the right to record, with the Seminole County Clerk of the Court, an
assessment lien on the Property for any un-reimbursed expenses.
6.0 Security. Upon issuance of this Permit, Highlander shall post a performance
bond, irrevocable letter of credit, or escrow deposit with the City in the amount of Twenty-Five
Thousand and No/100 Dollars ($25,000.00) guaranteeing that the work authorized and required
by this Permit is performed and completed in full compliance with any and all terms and
conditions of this Permit (''Phase I Security''). If the Phase I Security is a bond or irrevocable
letter or credit, it shall be issued by a company and in a form deemed acceptable by the City
Manager and City Attorney. Upon approval of the final engineering plans and issuance of the
Phase II development permit for the Property, Highlander shall post a performance bond,
irrevocable letter of credit, or escrow deposit with the City guaranteeing the completion of the
public infrastructure required for the Property to the City's satisfaction (''Phase II Security").
The amount of the Phase II Security shall be determined by the City based on Highlander's
engineers certifying to the City the estimated cost of said public infrastructure. If the Phase II
Security is a bond or irrevocable letter of credit, it shall be issued by a company and in a form
acceptable t~ the City Manager and City Attorney. Upon the City's receipt of the Phase II
Security, the City shall release the Phase I Security.
7.0 Indemnity, Release, Hold Harmless. Highlander 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), o_r
liability (including reasonable attorneys fees and costs through all ap_pellate proceedings),
directly or indirectly arising from, out of, or caused by: (1) the risk identified in section 8.0 of
this Permit; and (2) any work performed under this Permit including, but not limited to any and
all acts and omissions of Highlander and their contractors.
8.0 Representations and Warranties. Highlander represents and warrants that the
work authorized by tlris Permit is being performed with the knowledge and understanding that
said work is being done prior to final engineering approval by the City and that final engineering
approval may be denied by the City or result in additional site development not contemplated by
this Permit. Highlander agrees that they are assuming the full and complete risk that final
engineering may be denied by the City or additional site development work may be required and
may include a modification of the work performed under this Permit.
9.0 No City Representation and Warranties. Highlander acknowledges and agrees
that although this Permit indicates that the City is considering final engineering approval for the
Property, the City in no way represents or warrants that the City has approved or will approve
said plans.
10.0 Prior Consent Required for Transfer of Permit. This Permit is not
transferable or assignable without the prior consent of the City Commission.
11.0 Applicable Law. Tlris Addendum shall be governed by and construed in
accordance with the laws of the State of Florida.
Town Center Phase I Site Development Permit Agreement
City of Winter Springs and Highlander Investments, Ltd.
-4 -
="EVERY PAGE" 0909536\l 04086'840970\! 0909536\J 04086'840970\1
12.0 Amendments. This Permit shall not be modified or amended except by written
agreement duly executed by both parties hereto and approved by the City Commission.
13.0 Entire Permit Agreement. This Permit is issued in furtherance of the
Development Agreement. However, this Permit supersedes any other agreement, oral or written,
and contains the entire agreement between the City and Highlander as to the specific work
authorized under section 2.0 of this Permit. Any provision of the Development Agreement not
in conflict with this Permit shall remain in full force and effect.
14.0 Severabilitv. If any provision of this Permit shall be held to be invalid or
unenforceable to any extent by a court of competent jurisdiction, the City has the unconditional
right to declare this Permit null and void and require that the work authorized by section 2 be
immediately stopped.
15.0 Effective Date. This Permit shall become effective upon approval by the City
Commission, execution of this Permit by all parties hereto, and the completion of the conditions
precedent set forth in section 3.0 of this Permit ("Effective Date").
14.0 Relationship of the Parties. The relationship of the parties to this Permit is
contractual and Highlander is 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 ..
15.0 Soverei2n Immunity. Nothing contained in this Addendum 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.
16.0 City's Police Power. Highlander agrees and acknowledges that the City hereby
reserves all police powers granted to the City by law, particularly with respect to whether or not
the City Commission will, in its absolute discretion, approve the final engineering plans for the
Property. In no way shall this Permit be construed as the City bargaining away or surrendering
its police powers.
17.0 Third-Party Riehts. This Permit is not a third-party beneficiary contract and
shall not in any way whatsoever create any rights on behalf of any third party.
18.0 Attorney's Fees. Should the City take any action to enforce this Permit
Highlander agrees that the City shall have the right to collect reasonable prevailing party
attorney's fees and costs, through all appellate proceedings, in connection with said enforcement.
19.0 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
Permit. The failure of this Permit to address any particular City, County, State and/or Federal
permit, condition, term or restriction shall not relieve Highlander of the necessity of complying
with the law governing said permitting requirement, condition, term or restriction. Without
Town Center Phase I Site Development Permit Agreement
City of Winter Springs and Highlander Investments, Ltd.
-5 -
="EVERY PAGE" 0909536\1040861840970\l 0909536\1040861840970\l
I
\
..
imposing any limitation on the City's police powers, the City reserves the right to withhold,
suspend, or terminate any and all other permits for the Property until such time the work
1uthorized under this Permit has been completed to the full satisfaction of the City.
[SIGNATURE BLOCKS BEGIN ON NEXT PAGE]
Town Center Phase I Site Development Permit Agreement
City of Winter Springs and Highlander Investments, Ltd.
-6 -
= "EVERY PAGE" 0909536\104086'840970\1 0909536\104086'840970\l
...
. .
IN WITNESS WHEREOF, the parties havcl hereunto set their hands and seal on the
date first above written.
CITY SEAL
STATE OF FLORIDA
COUNIY OF SEMINOLE
cttf OF WINTER SPRINGS
By.~~~ ~Mayor
APPROVED AS TO FORM AND LEGALITY
For the use and reliance of the City of Winter Springs,
Florida only. ,?" ;.iJ rJ .,_,-
DMe:~~..,__--ir--~--J.~~~~~~-
Personally appeared before me, the undersigned authority, John F. Bush and Andrea
Lorenzo Luaces, well known to me to be the Mayor and City Clerk respectively, of the City of
Winter Springs, Florida, and acknowledged before Die that they executed the foregoing
instrument on behalf of the City of Winter Springs, as its true act and deed, and that they were
duly authorized to do so.
Witness my hand and official seal this~ day of_ ..... M--=::1""""-lf----'' 2005.
~{J~ (NOTARY SEAL)
0909536\l 04086\840970\l
Notary Public
My commission expires:
J':" a\, Debra C. F111nldln
• ~ • My Commission 00292W1 ~Of.,.'./ Expires February 22, 2008
Tawn Center Phase I Site Dovelapmcnt Pem:tit Agreemeut
City of Winter Spring11 and Eighle.ndcr Invcstmcnts, Ltd.
-7-
' I
ed and delivered in the
o the following witnesses:
figll8~ ofWllDcss J
'211m.Lu1 IJ. /Yl',LCl"IU.J~
Printed Name of Witness
STATE OF FLQ!l!DA ·-!
COUNTY OF ~·~Qt<~.->
l
IDGHLANDER ~STMENTS, LTD., a
Florida limited prirlb.ership .
The foregoing instrument was acknowledged before me this ~ day of M~ ,
2005, by David W. McLeod, as President of Highlander Investments, Inc., a Florida ~ation,
the Gen~~er of IDGHLANDER INVESTMENTS, LTD., a Florida limited p~ership.
He i([~own to me or has produced as identification.
(NOTARY SEAL) M=~
0909536\104086\840970\1
(Print Nrane)
Notary Public, State of _____ ...-__ _
Commission No.: ----------~ MyCo~sionExpire!): --------
~ Deb111 C. Ftanklln
! ... . My c()IM1llllon 00292971
~ J ic:v..ires Febn.lary 22. 2008 °'"" """'
Town Centc Phase I Site-Development Permit Agreement
City of Winter Springs and Highlander Investments, Ltd.
1 8 I
' ..
TOGETHER WITH:
Parcel #36-20-30-502-0000-006A:
Beginning at a point 686 Feet North 38°45' West of the most Easterly comer of unplatted part of
BlockB ofD. R. Mitchell Survey of the Levy Grant, according to the plat thereof as recqrded in
Plat Book 1 , Page 5, of the Public Records of Seminole County, Florida, lying South and West of
the paved road leading from Sanford to Oviedo, thence North 38 °45 ' West 100 Feet along
Westerly line of the Sanford-Oviedo Highway, thence South 51°15' West 200 Feet, thence South
38°45' East 100 Feet, thence North 51°15' East 200.00 Feet to the point of beginning, same
being part of Lot 6 of a survey made by Joe E. Johnston, C.E., less right of way for State Road
434 pursuant to that certain Order of.Taking recorded in Official Records Book 2831, Page 1024
of the Public Records of Seminole County, I;i'lorida. ·
Exhibit "A"
THIS INSTRUMENT WAS PREPARED BY:
AND SHOULD BE RETURNED TO:
Anthony Garganese
C ity Attorney of Winter Springs f, Brown, Garganese, Weiss & D'Agresta, P.A. r 225 E. Robinson St., Suite 660
Orlando, FL 32801
(407) 425-9566
MARYANNE MORS~, CLERK Of CIRCUIT COURT
SEMINOLE COUNTY
BK 06226 Pgs 0797 -804; <Bpgs>
CLERK'S # 2006070190
RECORDED 85/82/2006 09:12:33 A"
RECORDING FEES 69.50
RECORDED BY 6 Harford
FOR RECORDING DEPARTMENT USE ONLY
FIRST MODIFICATION OF PRE-ANNEXATION DEVELOPER'S AGREEMENT
THIS FIRST MODIFICATION OF PRE-ANNEXATION J?EVELOPER'S
AGREEMENT (the "Amendment") is made and executed this~day of ?(J~ , 2006,
by and between the CITY OF WINTER SPRINGS, a Florida Municipal Corporation (the
"City"), whose address is 1126 East S.R. 434, Winter Springs, Florida 32708, and LEVITT
AND SONS OF SEMINOLE COUNTY, LLC, a Florida limited liability company ("Levitt"),
whose address is 7777 Glades Road, Suite 410, Boca Raton, Florida 33434.
WITNESSETH:
WHEREAS, Highlander Investments, Ltd., a Florida limited partnership ("Highlander"),
and the City previously entered into a binding Pre-Annexation Developer's Agreement dated
September 20, 2004 and recorded November 16, 2004 in Official Records Book 5516, Pages
1320-1342, and a Town Center Phase 1 Site Development Permit Agreement, dated May 10,
2005, recorded May 20, 2005 in Official Records Book 5735~ Pages 0431-439 (collectively
referred to herein as "Development Agreement") and relating to certain real property located in
Seminole County, Florida and more particularly des cribed therein (the "Property"); and
WHEREAS, Levitt purchased the Property from Highlander and is the current fee simple
owner of the Property; and
WHEREAS, on August 8, 2005 at the request of Levitt, the City Commission of Winter
Springs approved Final Engineering for the Project, and in conjunction thereof, the City
Commission also approved several changes to the Pre-Annexation Developer's Agreement and
other additional terms and conditions for the Project, which are now being memorialized into this
First Modification; and
WHEREAS, on September 26, 2005, the City Commission also approved Aesthetic
Review of the Project in accordance with sections 9-600 through 9-606 of the City Code ; and
WHEREAS, Final Engineering Plans and Aesthetic Review Plans for one hundred and
sixty-one (161) townhome units are on file at the City of Winter Springs' City Hall; and
First Modification to Pre-Annexation Developer's Agreement
City of Winter Springs and Levitt & Sons
1
WHEREAS, in furtherance of the aforementioned approvals, Levitt has proceeded with
land clearing of the Property and site development of the Project and during the course thereof,
Levitt has identified several changes to the Development Agreement that are necessary to
complete the Project; and
WHEREAS, in furtherance of this request, the parties desire to amend the Development
Agreement pursuant to the terms and conditions contained herein.
NOW THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties mutually agree to amend the Development Agreement as follows:
1. Recitals; Capitalized Terms. The recitals set forth above are true and correct and
are incorporated herein by this reference. Unless otherwise set forth herein, all capitalized terms
utilized herein shall have the same meaning as set forth in the Development Agreement.
2. Town Center Code Waivers. Section 4(h) of the Pre-Annexation Developer's
Agreement is hereby deleted in its entirety, and the following new Section 4(h) is hereby inserted
in lieu, in place and instead thereof, to wit:
"(h) Town Center Code Waivers. Based on the Concept Plan and
Levitts agreement to the terms and conditions set forth in this
Agreement, the City Commission hereby grants the following
waivers to the Town Center District Code pursuant to the special
exception criteria enumerated in Section 20-321(c):
(1) The buffer wall requirement along the southern perimeter
boundary as required by Section 20-417 is hereby waived.
(2) The frontage road required by Section 20-325(c)(8) is hereby
waived.
(3) The Edge Drive requirements set forth in Section 20-325(c)(l 1)
and the Squares, Parks, and Streets Map in Section 20-325(c), is
hereby waived, provided the Collector Road and other streets are
designed, permitted, and constructed in accordance with the Final
Engineering Plans approved by the City Commission. In addition,
the Collector Road shall comply with the modified, Edge Drive
section plan as incorporated in said Final Engineering Plans.
(4) Notwithstanding the build-to-line requirements for the street
types depicted in the Town Center Code, Levitt shall be permitted
to have build-to-lines which are depicted on the Final Engineering
Plans. Particularly, the build-to-line for the townhome units shall
be ten (10) feet, except that the build-to-line for twenty-nine (29)
townhome units shall be (6) feet and the build-to-lines for the
First Modification to Pre-Annexation Developer's Agreement
City of Winter Sprin~ end Levitt & Sons
2
townhome units along State Road 434 shall be between (18) feet
and twenty-three and one-half (23 112) feet depending on the
curvature of State Road 434.
(5) For a maximum of twenty percent (20%) of the total number of
townhome units for the Project, the depth requirement for porches
set forth in Section 20-326(d) is hereby waived, provided the
minimum depth for the porches which are subject to the waiver
shall be a minimum depth of at least six (6) feet inclusive of
recessed stairways.
3. Wall Requirement. Section 4G) of the Pre-Annexation Developer's Agreement is
hereby amended as follows:
"G) Wall requirement. In accordance with Section 20-417, Winter
Springs City Code, Highlander Levitt shall construct an opaque
wall of six (6) feet in height along the full length of the western
property line, excluding the froatage read. beginning in the
unimproved right-of-way owned by the City and extending toward
State Road 434 along the western perimeter of the Property except
that such wall shall not be constructed within the Abbey Glen Lane
right-of-way in order to facilitate future cross access connection to
the adjacent site. Vegetative screening shall also be provided
along the western property line excluding the Abbey Glen Lane
right-of-way. The timing for the construction of said wall shall be
coordinated with the extension of infrastructure into the adjacent
property.
4. Guest Parking Spaces. Section 4( o) of the Pre-Annexation Developer's Agreement
is hereby deleted in its entirety, and the following new Section 4( o) is hereby inserted in lieu, in
place and instead thereof, to wit:
(o) Parking Spaces. Levitt shall provide a general parking ratio of
2.5 parking spaces per townhome unit within the Project. In
addition, non designated on-street parking will be identified on the
neighborhood lane known as "Crimson Lane."
5. Street Lighting Plan. The street lighting plan for the Project shall be submitted to
the City for approval prior to the issuance of any certificate of occupancy for the Project.
6. Signage. In accordance with Section 20-327 (f) of the City Code, Levitt shall be
permitted to erect permanent project identification signage at the main entrance to the Project at
State Road 434 and McLeod's Way which shall consist oflettering attached to the pier and
garden wall spelling "Jesup's Reserve" (total signage dimensions to be approximately 1 foot high
First Modification to Pre-Annexation Developer's Agreement
City of Winter Springs and Levin & Sons
3
and 11 feet wide) as depicted on Exhibit "l," which is attached hereto and fully incorporated
herein by this reference.
7. A bb ey Gl en Lane Name Ch an ge. Levitt and the City acknowledge that the
Abbey Glen Lane name, as depicted on the recorded plat for the Project, has been rejected by
Seminole County addressing because it is too similar to another street in Seminole County . That
similarity could adversely impact 911 emergency responses. Levitt, therefore, agrees to change
the Abbey Glen Lane name to another name deemed acceptable to the City and Seminole
County. The name change shall be reflected on the Re-Plat of the Project which shall be
required by Paragraph 8 hereunder.
8. Additional Term s and Cond itions Approved on August 8, 2005. The following
terms and conditions were approved in conjunction with the Final Engineering Plans:
(A) The mandatory Homeowner's Association required by paragraph 4(k) of the Pre-
Annexation Developer's Agreement shall be required to pay any cost differential between
maintaining standard street lights and signs and the decorative street lighting and sign
requirements of the Town Center Code. Levitt acknowledges and agrees that prior to turning the
homeowner's association over to its members, Levitt will require the homeowner's association to
execute an agreement memorializing this requirement and that said agreement shall be
substantially in conformance with the standard decorative street light and signage form
agreement that was previously approved by the City Commission to be utilized on a citywide
basis.
(B) Levitt shall plant and maintain a double row of canopy trees on the Property along
the length of State Road 434.
(C) Levitt shall underground all existing and new Project related utility lines along State
Road434.
(D) Levitt shall submit a lighting plan depicting all street lights and fixtures for approval
by the City prior to the installation of any street light and fixture and prior to any certificate of
occupancy being issued for the Project. Details of the lighting plan shall be in a form acceptable
to the City so the City can determine compatibility with the Town Center requirements.
9. Re-P lat Required. The Final Plat for the Project was approved by the City
Commission on August 8, 2005 and is recorded in Plat Book 69, Page 4 of the public records of
Seminole County, Florida ("Final Plat"). Subsequent to the recording of the Final Plat, Levitt
commenced construction of the Project. During construction, Levitt realized that minor
deviations from the Final Plat will be required in order to accommodate porches and stoops for
approximately thirty (30) townhome units and utilities and other infrastructure approved for the
Project. Moreover, as mentioned above, the Abbey Glen Lane street name identified on the Final
Plat must be changed. As such, in order to accommodate the orderly development of the Project
and to ensure an accurate plat of the Property upon completion of construction, the City agrees to
First Modification to Pre-Annexation Developer's Agreement
City of Winter Springs and Levitt & Sons
4
permit Levitt to construct Project improvements that result in minor deviations from the Final
Plat under the following conditions:
(A) The Project improvements shall be substantially in compliance with the Final
Engineering Plans and Final Plat approved by the City Commission;
(B) The Project improvements which will result in a minor deviation from the Final Plat
shall be required to receive written approval by the City Manager prior to constructing
said improvements. The City acknowledges that minor deviations may include , but are
not limited to, the small expansion of approximately thirty (30) lots into the common area
tracts in order to accommodate a porch or stoop, the release, addition or reconfiguration
of utility easements, amendments to the terms and condjtions of dedications and
easements, small amendments to boundary descriptions, and the changing of street
names; and
(C) Upon completion of the construction of the Project infrastructure and acceptance
by the City, Levitt shall submit to the City an application for the Re-plat of the entire
Project. In addition to the Replat, the application shall include an itemized list of all
minor deviations described above. The Re-Plat application shall be subject to the
approval of the City Commission in accordance with the requirements of the City Code
and law. Moreover, approval of the Replat shall be required before Levitt closes on any
townhome unit on the Property. The Re-Plat shall be in substantial conformance with the
Final Plat and Final Engineering Plans and shall incorporate all minor deviations that
were approved by the City Manager pursuant to this paragraph.
10. Effect of Amendment. All other terms and conditions of the Developer's
Agreement, not in conflict with this Amendment, shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seal on the
date first above written.
First Modification to Pre-Annexation Developer's Agreement
City of Winter Springs and Levin & Sons
5
I
CITY SEAL
..
I 'U ••· ,, . ,,"I."' ... "
: :.:.•
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: 1.',.:)
APPROVED AS TO FORM AND LEGALITY
For the use and reliance of the City of Winter
Springs, Florida, only.
Dated:
By:
First Mod ification to Pre-Annexation Deve lop er's Agreement
City of Wi nter Springs an d Lev in & Sons
6
(
Signed, sealed and delivered in the
presence of the following witnesses:
Printed Name of Witness
STATE OF FLORIDA
COUNTY OF Q.ywccE.
LEVITT & SONS OF SEMINOLE COUNTY,
LLC., a Florida limited liability company
The foregoing instrument was acknowledged before me this l9-H, day of
~L , 2006, by DAu~ IV\. SJ-4 .... :~ ~E. , as l J;c:e Btes;~...,+
OftEVITT & SONS OF SEMINOLE COUNTY, LLC., a Florida limited liability company, on
behalf of said company. He is personally known to me or produced
as identification.
~~~~~~~~~~~~~~
(NOTARY SEAL)
(Pri ame)
Notary Public, State of-"'-F-'--1 a_h..c.-'1""-p_A-~----
Commission No.: ..,.,D"-D=---1 .... v_1_,_a"-b=-l~-----
My Commission Expires: T 4 .uc.. I ~<kl 1 I
First Modification to Pre-Annexation Developer's Agreement
City of Winter Springs and Levitt & Sons
7
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Tms INSTRUMENT WAS PREPARED BY
AND SHOULD BE RETURNED TO:
Anthony Garganese
City Attorney of Winter Springs
11111 ii 11111 HI II HI ll IH 11111 ill 111111111111111 Bl 11 IU I IHI
MARYA1, . MORSE, CLERK OF CIRCUIT COURT
SEMINOLE COUNTY
BK 06791 Pgs 0455 -459; {5pgs)
CLERK'S # 2007119405
RECORDED ('iS/15/2007 11: 35: 00 AM
RECORDING FEES 44.00
RECORDED BY G Hufo-rd
(1.J' Brown, Garganese, Weiss & D'Agresta, P.A.
\ -225 E. Robinson St., Suite 660
Orlando, FL 32801
0
(407) 425-9566
FOR RECORDING DEPARTMENT USE ONLY
SECOND MODIFICATION OF PRE-ANNEXATION DEVELOPER'S AGREEMENT
THIS SECOND MODIFICATION OF PRE-ANNEXATION DEVELOPER'S
AGREEMENT (the "Amendment") is made and executed this ~'t'k day of =1"'""-1'1 , 2007,
by and between the CITY OF WINTER SPRINGS, a Florida Municipal Corporation (the
"City"), whose address is 1126 East S.R. 434, Winter Springs, Florida 32708, and LEVITT
AND SONS OF SEMINOLE COUNTY, LLC, a Florida limited liability company ("Levitt"),
whose address is 7777 Glades Road, Suite 410, Boca Raton, Florida 33434.
WITNESSETH:
WHEREAS, Highlander Investments, Ltd., a Florida limited partnership ("Highlander"),
and the City previously entered into a binding Pre-Annexation Developer's Agreement dated
September 20, 2004 and recorded November 16, 2004 in Official Records Book 5516, Pages
1320-1342, as modified pursuant to that certain First Modification of Pre-Annexation
Developer's Agreement dated April 25, 2006 and recorded in Official Records Book 6226, Pages
797-804, both of the Public Records of Seminole County, Florida (together the "Developer's
Agreement"), relating to certain real property located in Seminole County, Florida and more
particularly described therein (the "Property"); and
WHEREAS, the parties desire to amend the Developer's Agreement regarding the
construction of a portion of Roberts Family Lane pursuant to the terms and conditions contained
herein.
NOW THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties mutually agree to amend the Developer's Agreement as follows:
1. Recitals; Capitalized Terms. The recitals set forth above are true and correct and
are incorporated herein by this reference. Unless otherwise set forth herein, all capitalized terms
utilized herein shall have the same meaning as set forth in the Developer's Agreement.
Second Modification to Pre-Annexation Developer's Agreement
City of Winter Springs and Levitt & Sons of Seminole County, LLC .
1
(
2. Roberts Family Lane Construction. With respect to Roberts Family
Lane, Developer and City agrees as follows:
(a) Developer and City acknowledge and agree that pursuant to the Town Center
Master Plan, Roberts Family Lane will be a two-way public collector road. In accordance with
the Final Engineering Plans approved by the City Commission on August 8, 2005, Developer has
agreed to construct a portion (112 road segment) of Roberts Family Lane on the Property, which
is generally located at the intersection of S.R. 434 and Roberts Family Lane and running along
the eastern most boundary of the Property. Construction of that portion of Roberts Family Lane
shall be completed prior to the certificate of occupancies being granted for townhome units 61
through 70. Said units are located along Roberts Family Lane and identified on the Jesup's
Reserve Townhomes Replat, which is recorded in Plat Book 71, Page 90 of the Public Records
of Seminole County, Florida. Developer and City also acknowledge and agree that the other
portion of Roberts Family Lane will be constructed in the future on the property immediately
adjacent to the Property. However, said construction will occur only at such time the adjacent
property becomes available for constructing the other portion of Roberts Family Lane. In the
meantime, the parties further acknowledge and agree that the portion of Roberts Family Lane
constructed on Developer's Property will be a temporary one-way street as depicted on the Final
Engineering Plans.
(b) If the adjacent property becomes available to the City for constructing Roberts
Family Lane prior to or during the construction of Roberts Family Lane on the Developer's
Property, Developer agrees to construct Roberts Family Lane on the Developer's Property and
the adjacent property. Developer's obligation to construct Roberts Family Lane on the adjacent
property terminates upon Developer's completion of construction of the Yi road segment of
Roberts Family Lane location on the Developer's Property. The City shall reimburse Developer
in U.S. funds, by check, for the Roadway Expenses associated with constructing Roberts Family
Lane pursuant to the applicable terms and conditions of paragraph 4( c) of the Pre-Annexation
Developer's Agreement dated September 20, 2004 and recorded November 16, 2004 in Book
5516, Pages 1320-1342 of the Official Records of Seminole County, Florida.
( c) Developer agrees to indemnify and hold harmless the City and its commissioners,
employees, and city attorneys from and against all claims, losses, damages, personal injuries
(including but not limited to death), or liability to the person or property (including reasonable
attorney's fees through any and all administrative, trial, post judgment and appellate
proceedings), directly or indirectly arising from the negligent acts, errors, omissions~ intentional
or otherwise, arising out of or resulting from Developer's and its contractor's construction of
Roberts Family Lane. This indemnification shall survive the expiration or termination of this
Agreement.
3. Disclosure to Future Residents of Roberts Family Lane. Developer agrees to
incorporate into every sale and purchase contract for all townhome units located along Roberts
Family Lane on the Property, a disclosure form advising said prospective purchasers that Roberts
Family Lane will be a two-way collector road at such time the adjacent property becomes
Second Modification to Pre-Annexation Developer's Agreement
City of Winter Springs and Levitt & Sons of Seminole County, LLC.
2
(
.... _ -
available for constructing the other portion of said lane. In addition, the one-way nature of
Roberts Family Lane is only temporary in nature until such time the adjacent property becomes
available. A copy of the disclosure form is attached hereto as EXHIBIT "A" and is hereby
deemed fully incorporated herein by this reference. The parties agree that minor modifications
will be made to the disclosure form to conform· it to each purchaser.
4. Effect of Amendment. All other terms and conditions of the Developer's
Agreement, not in conflict with this Amendment, shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seal on the
date first above written.
ATTEST:
CITY OF WINTER SPRINGS
By. ~f.{kf_ Jo:BUSh, Mayor
APPROVED AS TO FORM AND LEGALITY
For the use and reliance of the City of Winter
Springs, Florida, only.
::> -,i) u I
By:r =-~----->.;~~~~~~~~~~
Anthony ganes e, City Attorney for
the City of Winter Springs, Florida
Second Modification to Pre-Annexation Developer's Agreement
City of Winter Springs and Levitt & Sons of Seminole County, LLC .
3
Signed, sealed and delivered in the
presence oftb.e following witnesses:
Printed Name of Witness
W<Jt;rs~
~i~~WT~
Printed Name of Witness
LEVITT & SONS OF SEMINOLE COUNTY,
LLC., a Florida · · liability company
STATE OF Fl;.-0}\ID~
COUNTY o~aJ:.ac!&a ('_,(__
The foregoing instrument was ac~wledged before me this d1.... Y, day of
l. .J...-l , , 2007, by &-we -~· \"0t., ~, as _______ _
of LE T & SONS OF SEMINOLE COUNTY, LLC., a Florida limited liability company, on
of said company. ...He is_ personally known to me or produced
~~~~~~~~~~~~-
(NOTARY SEAL)
My Commission Expires: _
N!l~i'll 0 ublic State of Florida
R@l\EnOO Scarlata
My tloom'lission 00522922
?P!~~O!'nno10
as identification.
(Print Name)
Nqtary Public; State of ________ _
Commission No.:
~~~~~~~~~~~-
Second Modification to Pre-Annexation Developer's Agreement
City of Winter Springs and Levitt & Sons of Seminole County, LLC .
4
JESUP'S RESERVE -Purchaser Acknowledgement for Units Located Along Robert's
Family Lane
Purchaser, purchaser of Unit_, hereby
acknowledges that Roberts Family Lane, a one-way street located along the east boundary line of
the Property, will be widened to a two-lane street at a future date provided that the adjacent
property is acquired by the City and becomes available for constructing the second lane of
Roberts Family Lane. This Acknowledgement is hereby appended to and made a part of the
Purchase and Sale Agreement between Purchaser and Seller, Levitt and Sons of Seminole
County, LLC, a Florida limited liability company, dated __, 2007. The
consideration for this Acknowledgement shall be the same consideration as stated in the
Purchase and Sale Agreement.
I acknowledge receipt of this Acknowledgement, have carefully read and reviewed its terms and
understand same.
Purchaser:
EXHIBIT
·'A''
{01 166304;1}