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HomeMy WebLinkAboutMattamy (Jacksonville) Partnership (Jesup's Landing) Developer's Agreement - 2012 02 27.pdfTHIS INSTRUMENT WAS PREPARED BY: Mark A. Grimes, Esquire Pohl & Short, P.A. 280 W. Canton Ave., Suite 410 Winter Park, FL 32789 (407) 647-7645 AND SHOULD BE RETURNED TO: Anthony Garganese, Esquire Brown, Garganese, Weiss & D'Agresta, P.A. 111 N. Orange Avenue, Suite 2000 Orlando, FL 32801 (407) 425-9566 MARYANNE MORSE, CLERK OF CIRCUIT COURT 5EMINOLE COUNTY BK 07950 pgs 1540 — 1555; (16pgs) CLERK'S # 2013012992 RECORDED 01/28/2013 10129:27 AM RECORDING FEES 137e50 RECORDED BY S Maguire DEVELOPER'S AGREEMENT THIS DEVELOPER'S AGREEMENT (the "Agreement") is made and executed this 1 lth day of July, 2011, 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 MATTAMY (JACKSONVILLE) PARTNERSHIP, a Florida general partnership ("Mattamy Homes"), whose address is 400 Park Avenue South, Suite 220, Winter Park, Florida 32789. WITNESSETH: WHEREAS, Mattamy Homes is the fee simple 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, Mattamy Homes intends to develop the Property as asingle-family residential (townhouse) community at a density of approximately one hundred seventy-one (171) units at a density of 9.97 units per acre, to be known as "Jesup's Landing" (the "Project"); and WHEREAS, pursuant to the approval of the City Commission on June 27, 2011, Mattamy Homes desires to facilitate the orderly development of the Project on the Property as depicted in that certain Conceptual Plan for Winter Springs Town Center - 17.15 Acre Townhouse Site prepared by Evans Engineering, Inc., dated May 18, 2011 and approved by the City Commission on June 27, 2011 (the "Conceptual Plan") in compliance with the laws and regulations of the City; and Development Agreement Mattamy (Jacksonville) Partnership /City of Winter Springs Page 1 01 14 WHEREAS. the City Commission has recommended entering into this Agreement with Mattamy Homes for the development of the Project; and WHEREAS, in addition to Mattamy Homes' compliance with the City Land Development Code and the City Town Center District Code (together the "Code"), permitting and construction not in conflict herewith, the City and Mattamy Homes desire to set forth the following special terms and conditions with respect to the development and operation 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. Authori �. This Agreement is entered into pursuant to the Florida Municipal Home Rule Powers Act. 3. Obligations and Commitments. h� consideration of the City and Mattamy Homes entering into this Agreement, the City and Mattamy Homes hereby agree as follows: (a) Approval of Conceptual Plan. The City hereb}� acknowledges and agrees that the Conceptual Plan is acceptable and was duly approved by the City Commission in compliance with the laws and regulations of the City. A copy of the Conceptual Plan is attached hereto as Exhibit "B" and fully incorporated herein by this reference. Mattamy Homes acknowledges and agrees that the Conceptual Plan was prepared with preliminary dimensions and that during the final subdivision and final engineering process such dimensions shall be surveyed, duly engineered, and provided to the City. As such, Mattamy Homes and the City agree that the Conceptual 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 full compliance with the City Code. (b) Utilities. The 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 Conceptual Plan. Mattamy Homes shall install a six inch sanitary force main, to extend approximately 4,400 feet from a planned on -site lift station to the existing six inch force main located south of the Property near State Road 434 to serve the Property. All water and sewer improvements required on -site and off -site to service the Property shall be at Mattamy Homes' expense. However, to the extent any other properties utilize the force main constructed by Mattamy Homes, they will reimburse Mattamy Homes their prorated share of the force ain pri mor to construction commencement. The City hereby agrees to provide a temporary construction easement along the southern border of Central Winds Park to facilitate the force main construction; provided, however, Mattamy Homes shall provide Development Agreement Mattamy (.iacksonville) Partnership /City of Winter Springs Page 2 of 13 the legal description for such easement. The terms and condition of said easement shall be in a form acceptable to the City Attorney. (c) Additional Non -Roadway Town Center Code Waivers. Based on the Conceptual Plan and Mattamy Homes' agreement to the terms and conditions set forth herein, the City Commission hereby grants the following additional non -roadway waivers to the Town Center District Code pursuant to the special exception criteria enumerated in Section 20-321(c): (i) In exchange for the green space north and west of the pool and around the existing pond, and the related amenities thereto (walkways, benches, trees, lighted fountain feature), as depicted on the Conceptual Plan, the northeast portion of the Property shall be utilized for a stormwater retention pond for the Orange Avenue Segment and the Property, rather than for the "Orange Avenue Park" as contemplated under the Code. (ii) The Project shall provide only pedestrian and non -automotive access to the adjacent high school property. (iii) The townhouse units shall be permitted to have a finished floor elevation less than twenty-four inches above the highest adjacent sidewalk grade. Mattamy Homes acknowledges and agrees that any deviation fi•orn the Town Center District Code not specifically enumerated in paragraph (c) above shall require separate city commission approval in accordance with the special exception application procedure and criteria set forth in the Town Center District Code. (d) Formation of Homeowners' Association. Mattamy Homes hereby acknowledges and agrees that it intends to form a mandatory homeowners' association the "Homeowners' Association") for purposes of maintaining any and all common areas, landscaping, entrance signs, walls, fences, alleys, recreational areas and stormwater drainage 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 Declaration 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. (e) Buffer Walls and Fences• Trail Access. Notwithstanding the requirements of Section 20-417 of the Code, Mattamy Homes shall install (i) a six (6) foot tall wrought iron or similar fence along the southern boundary line of the Property which shall have at least three (3) pedestrian access points to the Seminole County trail, and (ii) a six (6) foot all wrought iron or similar fence along the western boundary of the Property. The foregoing fences shall each be erected as soon as reasonably practical and prior to any Develolnne►it Agreement Mattamy (Jacksonville) Partnership /City of Winter Springs Page 3 of 13 permanent vertical construction for the Project. Notwithstanding the foregoing to the contrary, access will be available at all times for emergency vehicles. All pedestrian access points to and from the Seminole County Trail shall be dedicated to the City on the Final Plat, and any Project gates will remain unlocked. (f) Sim. The City hereby acla�owledges and agrees that Mattamy Homes shall have the right, upon the full execution of this Agreement, to erect on -site construction signs, marketing signs and temporary signs (including up to four (4) "banner" signs) as described in Sections 20470(10), 20470(11) and 20470(16) of the Code, in locations reasonably acceptable to the City, which signs shall be permitted to remain for a period of nine (9) months from the date hereof. Mattamy Homes shall thereafter have the right to erect permanent Project identification signage at the main entrance to the Project, which shall consist of lettering attached to the two pier and garden walls spelling "Jesup's Landing" (total signage dimensions to be approximately I foot high and I 1 feet wide) as depicted on Exhibit "B" which is attached hereto and fully incorporated herein by this reference. Any construction signs or marketing signs erected on the Property shall not exceed sixty-four (64) square feet in size (total on -site). The City hereby acknowledges and agrees that the Property shall not be subject to the fourteen (14) day limitation on the erection of temporary "banner" signs as provided in Section 20470(16) of the Code. Mattamy Homes and its successors and assigns shall maintain all of the signs erected pursuant to this Section 3(h) in a good condition and state of repair. (g) Sidewalks. All sidewalks shall comply with the Code (minimum six (6) feet) except the sidewalk to be located around the lake and to the pedestrian access located at the southwest corner of the Property as depicted on the Conceptual Plan shall be a minimum of eight (8) feet in width. Further, a twenty (20) foot emergency stabilized path shall be constructed at the southeast corner of the Property and shall be stabilized to facilitate emergency vehicle access. In addition, the Declaration shall establish easement rights in favor of the Homeowners' Association to permit sidewalks to extend into individual townhouse lots as depicted in the Conceptual Plan. (h) Model Units/Sales Office. Prior to the recording of the final plat, the City agrees to permit Mattamy Homes to construct Model townhouse units under the following conditions: (i) The model townhouse units shall be contained in a single building (the "Model Building") and shall not exceed six (6) individual units. (ii) The model townhouse units shall remain under Mattamy Homes' ownership and control until such time as the final plat is recorded by the City and a final certificate of occupancy for each unit is issued under the conditions set forth below. In other words, Mattamy Homes shall not contract for sale, sell, or lease any of the individual model townhouse units until such time as the City Development Agreement Mattamy (Jacksonville) Partnership /City of Winter Springs Page 4 of 13 approves and records the final plat for the Project and issues a final certificate of occupancy for each unit. (iii) The model townhouse units shall be constructed in a location reasonably acceptable to the City. Vertical construction shall not commence until stabilized access and fire protection is available. (iv) Prior to the model townhouse construction, the model townhouse units shall be duly permitted by the City in accordance with all City Codes. As part of the building permit application, Mattamy Homes shall submit, along with all construction plans for the townhouse units, a duly certified boundary survey which shall depict the location and legal description of the model townhouse site and each individual model townhouse lot. Mattamy Homes acknowledges and agrees that this legal description is intended to coincide with the eventual location of the townhouse lots as depicted and legally described on the final plat. Mattamy Homes 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 final plat. (v) At such time the City 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 Building as a whole, not by individual units. Occupancy of the townhouse units shall be limited to the sale and marketing efforts for the Project. In addition, Mattamy Homes shall have the right to utilize one garage in the Model Building as a temporary sales office. (vi) At the request of Mattamy Homes or at such time the Project development is completed, whichever occurs sooner, Mattamy Homes shall file a re -conversion permit application requesting that the model townhouse units 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 City Building Official determines that the units are suitable for permanent residential occupancy and in compliance with the City Codes. (i) Trash/Refuse Service. The City hereby agrees that trash and refuse pickup will be provided for each individual residential unit, therefore no Project dumpsters will be located on the Property as otherwise required pursuant to Section 9-280 of the Code. (j) Platting. Mattamy Homes shall be required to plat the Property in accordance with Section 9-75 of the Code. Neighborhood Lane and Neighborhood Street which are perpendicular to the trail shall be depicted on the Plat extending to the southern boundary of the Property. Mattamy Homes shall submit a proposed lighting plan to the City contemporaneously with its submittal of the proposed plat, unless the applicable Development Agreement Mattamy (Jacksonville) Partnership /City of Winter Springs Page 5 of 13 information is received from Progress Energy in time to submit such plan at the time final engineering plans are submitted. (k) wetlands. The City hereby acknowledges and agrees that Mattamy Homes has sufficiently addressed the City's Comprehensive Plan requirements with respect to wetland impacts and preservation. (1) Recreational Area. Mattamy Homes shall be required to provide recreational areas within the Project in accordance with the Conceptual Plan. (m) Stormwater Pond Maintenance Berm. The City hereby agrees that Mattamy Homes shall only be required to maintain a six (6) foot maintenance berm around the Project retention pond rather than a ten (10) foot berm as required pursuant to Section 9-241(d)(3) of the Code. (n) Impact Fee Credits. The Orange Avenue improvements were completed and accepted by the City Commission on May 14, 2007, and the transportation impact fee credit available to Mattamy Homes is $358,750.00. (o) Orans�e Avenue — Under�roundin� Utilities. hi conjunction with the construction of Orange Avenue, Mattamy Homes shall underground all existing utility lines running along the property's Orange Avenue frontage (south side only). Transportation impact fee credits are not available for undergrounding utilities. (p) Construction Truck Route. Mattamy Homes acknowledges and agrees that the City desires to keep construction truck traffic along TUskawilla Road north of State Road 434 to an absolute minimum, especially over the brick paved portion of Tuskawilla Road. As such prior to the commencement of Project construction, the City shall determine (with the assistance of Mattamy Homes), an acceptable transportation route to and from the Property for all large construction trucks and heavy machinery (e.g. dump and concrete trucks). The City's determination shall be memorialized and delivered to Mattamy Homes in writing. Mattamy Homes shall provide a copy of said determination to all construction companies working at the Project. At all times, Mattamy Homes shall require all such trucks to utilize the transportation route selected by the City. The City may modify the transportation route at any time by providing written notice to Mattamy Homes. Mattamy Homes agrees to indemnify and hold harmless the City for any damage occurring to any City roadway located within the Town Center north of State Road 434 which is caused by any large construction trucks servicing the Project. (q) Eastern Alley. The Alley located along the eastern boundary of the Property as depicted on the Conceptual Plan shall be subject to a cj•oss-access easement which permits the adjoining property to use said Alley for pedestrian and vehicular traffic at such time the adjoining property is developed. The cross -access easement shall ensure connectivity between the Project and the future development project of the adjoining property and shall be in a form acceptable to the City Attorney. Development Agreement Ivlattanry (Jacksonville) Partnership /City of Winter Springs Page 6 of 13 (r) Other Code Deviations. Excluding the deviations from the Town Center District Code which are addressed in paragraph (c), Mattamy Homes acknowledges and agrees that the only other deviations from the City's Land Development Code authorized by this Agreement are: (i) The posting of banner signs in the manner provided in paragraph (h). ki Permission to construct model homes prior to the recordation of the final plat as set forth in paragraph (h). (iii) Permission to require individual trash pick-up instead of dumpsters and permission to require submittal of a street lighting plan with final engineering/subdivision plans as set forth in paragraph (i). (iv) The requirement of a six (6) foot wide maintenance berm around the stormwater pond as set forth in paragraph (m). (s) Decorative Re�ulator� Sitria�e and Li�htin�. Prior to issuance of certificate of completion and acceptance of the infrastructure, MATTAMY HOMES and the CITY shall enter into a separate Use and Maintenance Agreement outlining responsibilities related to the decorative street lights and signage, including but not limited to, the cost differential between maintaining standard street lights and signs and the decorative street lighting and design requirements of the Town Center Plan. Said agreement shall substantially conform to the standard decorative street light and signage form agreement that was previously approved by the City Commission to be utilized on a citywide basis which sliall be assignable and run with the land. MATTAMY HOMES acknowledges that prior to turning the homeowner's association over to its members, MATTAMY HOMES will assign the Use and Maintenance Agreement to the homeowner's association for continuation of obligations related thereto. (t) Orange Avenue Park. Mattamy Homes shall be permitted to utilize the northeast corner of the Property (depicted as "Orange Avenue Park" in the Code) for stormwater retention, with sufficient capacity to accommodate the volume of stormwater runoff generated by the Orange Avenue Segment and the Project; provided, however, the use of such area shall meet the requirements of Chapter 5 - Tree Protection and Preservation - of the Code. Any other deviations from the City's Land Development Code shall require separate approval from the City Commission by development agreement. 4. Representations of the Parties. The City and Mattamy Homes hereby each represent and warrant to the other that it has the power and aathorit}� 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 Mattamy Homes and recorded in the Public Development Agreement Mattamy (Jacksonville) Aartnership /City of Winter Springs Page 7 of 13 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. Mattamy Homes represents that it has voluntarily and willfully executed this Agreement for purposes of binding the Property and the Homeowners' Association, and the members thereof, 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 the benefit of the City and Mattamy Homes 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. 6. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. 7. Amendments. This Agreement shall not be modified or amended except b}� written agreement duly executed by both parties hereto (or their successors or assigns) and approved by the City Commission. 8. Entire Agreement, This Agreement supersedes any other agreement, oral or written, and contains the entire agreement between the City and Mattamy Homes as to the subject matter hereof. 9. Severability. If any provision of this Agreement shall be held to be invalid or unenforceable to any extent by a court of competent jurisdiction, the same shall not affect in any respect the validity or enforceability of the remainder of this Agreement. 10. Relationship of the Parties. The relationship of the parties to this Agreement is contractual and Mattamy Homes 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. Hs Sovereign Immunity. Nothing contained in this Agreement shall be construed as a waiver of the City's right to sovereign immunity under Section 768.28, Florida Slamles, or any other limitation on the City's potential liability under the state and federal law. 12. City's Police Power, Mattamy Homes 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. 13. 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. Development Agreement Mattanry (Jacksonville) Partnership /City of Winter Springs Page 8 of 13 14. Permits. The failure of this Agreement to address any particular City, county, state, and/or federal permit, condition, term, or restriction shall not relieve Mattamy Homes or the City of the necessity of complying with the law governing said permitting requirements, conditions, term, or restriction. 15. Third- al L! Rirhts. This Agreement is not athird-party beneficiary contract and shall not in any way whatsoever create any rights on behalf of any third party. 16. Specific Performance. Strict complia�lee 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. 17. Attorney's Fees. In connection with any arbitration or litigation arising out of this Agreement, the prevailing party shall be entitled to recover reasonable attorneys fees and costs through all appeals to the extent permitted by law. 18. Development Permits. Nothing herein shall limit the City's authority to grant or deny any development permit applications or requests subsequent to the effective date of this Agreement The failure of this Agreement to address any particular City, County, State and/or Federal permit, condition, term or restriction shall not relieve Mattamy Homes 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 Mattamy Homes is in breach of any term or condition of this Agreement. 19. Termination. The City shall have the unconditional right, but not the obligation, to terminate this Agreement, without penalty, if MATDAM Y HOMES fails to apply for and to obtain infrastructure permits for roads, sidewalks, water, sewer, utilities and perimeter fencing, and to re -commence construction of the Project within two (2) years of the effective date of this Agreement. Before the City terminates this Agreement, the City shall first provide Mattamy Homes a Notice of its intention to terminate, and permit Mattamy Homes to provide proof of its compliance with these terms within 30 days of its receipt of Notice. In the event Mattamy Homes is unable to provide satisfactory proof of its compliance with these terms, the City may record a notice of termination in the public records of Seminole County, Florida. 20. Notices. Any notice required or allowed to be delivered hereunder shall be in writing and shall be deemed to be delivered when: (a) hand delivered to the official hereinafter designated, or (b) upon receipt of such notice, when deposited in the United States mail, postage prepaid, certified or registered mail, return receipt requested, or (c) one day after deposit with a nationally recognized overnight courier service, e.g. Federal Express, Purolator, Airborne, Express Mail etc., addressed to a party at the other address as specified below or from time to time by written notice to the other party delivered in accordance herewith. Mattamy Homes Mattamy (Jacksonville) Partnership Development Agreement Mattamy (Jacksonville) Partnership /City of Winter Springs Page 9 of 13 Steven A. Parker 400 Park Avenue South, Suite 220 Winter Park, Florida 32789 Attention: With a cop}to: Marls Grimes, Esq. Pohl & Short, P.A. 280 West Canton Avenue, Suite 410 Winter Park, FL 32789 (407)647-7645 (407) 647-2314 (fax) City: Kevin Smith City Manager City of Winter Springs 1 126 East State Road 434 W inter Springs, Florida 32708 Telephone: (407) 327-5957 Fax: (407) 3274753 With a copy to: Anthony A. Garganese Brown, Garganese, Weiss & D'Agresta, P.A. 111 N. Orange Ave, Suite 2000 Orlando, Florida 32801 Phone: (407) 425-9566 Fax: (407) 425-9596 21. Special Effective Date; Termination, Escrow and Recording Provisions. (a) This Agreement shall become effective only between the City and Mattamy Homes upon approval by the City Commission and execution of this Agreement by both parties hereto. This Agreement shall not be binding upon or run with the Property until recorded by the City Attorney pursuant to the escrow terms and conditions stated herein. All prior City Developer's Agreements recorded in the Official Records of Seminole County, Florida upon the Property shall remain binding upon the Property until terminated by the City by recording this Agreement or some other recordable instrument expressing the City's desire to so terminate. Nothing herein shall be construed as the City abrogating, waiving, or releasing any rights the City may have against prior developers or sureties under or through any prior developer's agreements recorded against the Property, or as abrogating, waiving, or releasing any rights or claims that the City may have against an), surety that previously provided the City with a bond or letter of credit as a result of any prior development project approved by the City for the Property. Development Agreement Mattamy (Jacksonville) Partnership /City of Winter Springs Page I 0 of 13 (b) Upon execution of this Agreement by the parties, the original Agreement shall be delivered to the City Attorney who shall maintain the Agreement in escrow until authorized by the City, in writing, to release the Agreement in accordance with the provisions of this Agreement The City and Mattamy Homes agree to indemnify and hold harmless the City Attorney in the performance of the written escrow instructions received by the City Attorney and set forth in this Agreement. (c) Upon this Agreement becoming effective between the City and Mattam}� Homes, Mattamy Homes shall have eighteen (18) months in which to complete and obtain City approval of the final plat and final engineering plans for the Property consistent with the terms and conditions of this Agreement and to provide the City with a letter of credit (or other form of security deemed acceptable to the City) ensuring that all public infrastructure and improvements required by the final plat and final engineering plans will be completed and maintained in accordance with this Agreement and City Code. In the event Mattamy Homes fails to obtain said approval and provide such security within this time period, this Agreement shall automatically be deemed >>oicl ab initio and the parties shall have no further rights or obligations hereunder. Further, the City Attorney shall release the Agreement from escrow to the City for public record archive purposes only. (d) However, if Mattamy Homes timely obtains approval of the final plat and final engineering plans and provides the City with a the aforementioned letter of credit (or other form of security deemed acceptable to the City) within the eighteen (I8) month time period, the City Attorney shall be authorized to release the Agreement from escrow and record this Agreement in the Official Public Records of Seminole County, Florida. Upon recordation of this Agreement, the Agreement shall be deemed binding upon and shall run with the Property, and all prior development agreements recorded against the Property by the City shall be deemed terminated, and of no force and effect, including the Developer's Agreement between the City of Winter Springs and Barclay Woods II, LLC, a Florida limited liability company, as recorded in Official Records Book 5643 at page 1555, the prior Phase I Site Development Permit Agreement between the City of Winter springs and Barclay Woods II, LLC, a Florida limited liability company, as recorded in Official Records Book 5735 at Pages 422430, and the prior Developer's Agreement between the City of Winter Springs and Chan Q. Nguyen and Ngan M. Nguyen, as recorded in Official Records Book 4799 at Pages 1715, to the extent that they impact the Property. The termination of the prior Developer's Agreements shall not be construed as the City abrogating, waiving, or releasing any rights or claims that the City may have against any surety that previously provided the City with a bond or letter of credit as a result of any prior development project approved by the City for the Property. [Signatures Follow on Next Pages] Development Agreement Mattamy (Jacksonville) Partnership /City of Winter Springs Page 1 1 of 13 IN WITNESS WHEREOF, the parties date first above written. ATTEST Luaces, City Clerk have hereunto set theii%aiian s a d' seal on CITY OF WIN'1 hA SPR • 1 `� By: the 7 APPROVED AS TO FORM AND LEGALITY For the use and reliance of the City of Winter Springs, Florida, only. CITY SEAL Date By: STATE OF FLORIDA COUNTY OF SEMINOLE Anthony Garganese, City Attorney for the City of Winter Springs, Florida Personally appeared before me, the undersigned authority, Charles Lacey 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 me 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. ft M 6rw►r'i Witness my hand and official seal this day of 3•>•r!•�,�011. (NOTARY SEA ,�*'�" Notery pubNo tltAl6 �t PI�Flei Andred 1<orenzayl,�db�� �4 My Oamml��lan ��ga76id Of EX066 00/00/2016 commtssion expires: Development Agreement Mattamy (Jacksonville) Partnership /City of Winter Springs Page 12 of l3 Witnesses: MATTAMY (JACKSONVILLE) PARTNERSHIP, a Florida general partnership By: CALBEN (FLORIDA) CORPORATION, a Florida orporation, i general partner Steven 9,fiat•Icer, P/�sident STATE OF FLORIDA COUNTY OF ORANGE The foregoing was acknowledged before me this day of July, 2011 by Steven A. Parker, in his capacity as President of Calben (Florida) Corporation, and in his capacity as President of MBC (Florida) Corporation, each in its respective capacity as general partner of Mattamy (Jacksonville) Partnership, a Florida general partnership, on behalf of said general partnership, and who [ ] is personally known to me or [ ] who has produced a Florida driver's license as identification. NIy Commission Expires: � �. p� . ��, KIMBERLY M. CHARLES "� '" MY COMMISSION # EE040339 arc EXPIRES November 08, 2014 Development Agreement Mattamy (Jacksonville) Partnership /City of Winte►• Springs Page 13 of 13 1;XHIBIT "A" Legal Description Parcel 1: Lot 15, Block B, D.R. MITCHELL'S SURVEY OF THE LEVY GRANT, as recorded in Plat Book 1, Page 5, of the Public Records of Seminole County, Florida. Parcel 2: Lot 16, Blocic B, D.R. MITCHELL'S SURVEY OF THE LEVY GRANT, as recorded in Plat Book 1, Page 5, of the Public Records of Seminole County, Florida. EX11II5I1 "B" Conceptual Plan Ip I. ice. I I Sr 5$qa, I 3 i I I l IV i li I I I ' I I I t I I � / (ITIv V ®r FFR �V, I// I a 5 a �k F g �b 91«l3l".18 x I 1 i g i a %a Y o•>x �em�on� av dsaauF�s LAkDItIG � V ANS _. � ENC]INEERINQ MQ. ° --- j �' m Ytf IRMA AVCHVE �S� `� � V L A H roR JaORLAHbO, FLOR)DA fff0f — YATtAYY 1lDf[f y4 wife_nfe e tltYM lMf01�MRN•. ROM 0 ,t Mtw LEGIBILITY OI'tiSAwlISi=ACTOIRY FOR sCANNI M, ti BROWN, GARGANESE, WEISS & UAGRESTA, P.A. Attorneys at i aav 111 N. Orange Ave., Suite 2000 P.O. Box 2873 Orlando, Florida 32802-2873 Phone (407) 425-9566 Fax (407) 425-9596 February 75 2013 Andrea Lorenzo Luaces, City Clerk City of Winter Springs 1126 East S.R. 434 Winter Springs, FL 32708 Re: Mattamy and Viera Village Development Agreements Dear Andrea: Anthony A. Garganese Board Certified City, County & Local Government Law agarganese@orlandola w.net Enclosed are the following original recorded documents for your records: 1. Developer's Agreement -Mattamy (Jacksonville) Partnership 2. Modification of Developer's Agreement -Mattamy (Jacksonville) Partnership 3. Developer's Agreement -Viera Village AAG/nh Enclosures Anthony A. Garganese Ft. Lauderdale (954) 670-1979 •Kissimmee (321) 402-0144 •Cocoa (866) 425-9566 Website: www.orlandolaw.net •Email: firm@orlandolau.net