HomeMy WebLinkAboutTuscawilla PUD, Richland -1995 06 14
!.~Q:J
-~
A-
~ J
~
~
~
~
~
~\
~
~
MARYANNE MOR~t.
CLERK OF CIRCUIT COUt:.
;:,t.rlU'ULl:. L,UUI1I .. r L.
RECORDED & VERIFIEn
95 JUN I h P~112: 0 I
71'4423
.. :",
This instrument prepared by and
after recording return to:
i'0
(/) \...0
fT1 1"V
3.: -.J
:z:
o
r-
fT1
('")
<:>
..,,-+=-
r- 0"
-.J
coo
C) "TJ
C) "TJ
An
)>
r
:::0
",
('")
~~
G)(::::J
/'Tl (I)
Dwight D. Saathoff, Esquire
Maguire, Voorhis & Wells, P.A.
Two South Orange Avenue
Orlando, Florida 32801
--------------------- [SPACE ABOVE THIS LINE FOR RECORDING DATA] ---------------------
XXPACT FEE CREDIT AGREEMENT
THIS IMPACT ~BE CREDIT AGREBMENT (this "Agreement"), is made
and entered into by and between the CITY OF WINTER SPRINGS, a
political subdivision of the State of Florida whose address for
purposes of this Agreement is 1126 East State Road 434, winter
Springs, Florida 32708, ("city"), RICHLAND TUSCAWILLA, LTD., a
Florida limited partnership whose address for .purposes of this
Agreement is c/o of Richland Properties, 4830 West Kennedy
Boulevard, Suite 740, Tampa, Florida 33609 ("Richland"), and PULTE
HOME CORPORATION, a Michigan corporation whose address is 555
Winderly Place, Suite 420, Maitland, Florida 32751 ("Pulte").
RECITALS
_r
A. On July 23, 1990, the City adopted Ordinance No. 489, an
Ordinance of the City of winter Springs, Adopting a Settlement
Agreement Between the city of winter Springs, Florida and the
winter Springs Development Joint Venture; Providing for a
Development Order; Amending Annexation Ordinance No. 64; Waiving
MUlti-Family Dwelling Unit Density Limits Pursuant to Section 20-
354, Code of winter Springs; Providing for a Certified Map;
Providing for Conflicts, Servability, and Effective Date
("Ordinance No. 489").
B. Ordinance No. 489 adopted that certain Settlement
Agreement and Amendment to Annexation Ordinance No. 64, the
Tuscawilla Planned Unit Development, Master Plan for the Tuscawilla
Planned Unit Development and Related Matters, between the City and
the Winter Springs Development Joint Venture ("WSDJV") (the
"Settlement Agreement").
c. Ordinance No. 489 is recorded in Official Records Book
2277, Page 0464, Public Records of Seminole County, Florida.
, .
D. Ordinance No. 489, by adopting and incorporating the
Settlement Agreement, amended City Ordinance No. 64 (the
"Annexation Ordinance"), which Annexation Ordinance had the effect
of annexing certain property comprising what is commonly known as
the Tuscawilla Planned Unit Development (the "Tuscawilla PUD") into
the city's predecessor, the Village of North Orlando, Florida, and
repealed any part9 of the Annexation Ordinance that were notN
consistent with Ordinance No. 489. ~ ~
m r'V
E. The Annexation ordinance, among other things, provi~d-.J
for the development of the Tuscawilla PUD based upon an over~l
development plan. m
C")
F. Pursuant to Ordinance No. 489, the Settlement Agreem~t-;:
constitutes a development order pursuant to Chapter 163, Flor~acn
Statutes, as amended, and has the effect of amending the origirtalco
development plan for the Tuscawilla PUD (Ordinance No. 489 and the
Settlement Agreement are hereinafter sometimes collectively
referred to as the "Development Order").
G. Except as to Parcel 15, Richland is the successor in
interest to WSDJV of the undeveloped parcels within the Tuscawilla
PUD described in the Settlement Agreement as the "Remaining
Property." Pulte is the successor in interest to Richland with
respect to those certain properties within the Remaining Property
- known generally as Parcels 14C and 61. For purposes of this
Agreement, the term "Remaining Property" shall be deemed to include
Parcel 80, Parcel 61, Parcel 14C and the Lake Jessup Parcel.
H. At or abou~ the time that this Agreement is entered into
between the parties, Richland and Pulte, are dedicating, planning,
developing and constructing Tuscora Drive as required under the
Development Order.
I. Pursuant to the Development Order, and more specifically
Paragraph 9 of the Settlement Agreement, Richland and Pulte are
entitled to transportation impact fee credits for the dedication,
planning, development and construction of Tuscora Drive and, as
stated in said paragraph 9, the City has determined Tuscora Drive
to be a "collector road[s]." '
J. This Agreement is being entered into pursuant to Sec. 9-
386.10 of the City of winter Springs Road Impact Fee Chapter (the
"Chapter") of the winter springs Code.
BOW, THEREFORE, for and in consideration of the sum Ten and
No/IOO Dollars ($10.00), and other good and valuable consideration,
the receipt and SUfficiency of which is hereby acknowledged by the
parties, the City, Richland and Pulte hereby agree as follows:
.~v,-.
2
coo
C) ""T1
C) ""T1
::x-
C")
>
r
::0
m
C")
-00
J;:-;o
c:JO
lTl~
1. Recitals. The above-referenced recitals are true and
correct and are hereby incorporated into this Agreement for all
purposes.
2. City's Findings. The City finds that this Agreement will
apportion the burden of expenditure for new facilities in a just
and equitable manner, consistent with the principles set forth ini~
Florida statutes and case law. m ~
rT1 N
:J: -.J
3. Acknowledgment and. Grant of Credits. As a result :Df
Richland and Pul te being the successors to the WSDJV and ~e
parties constructing Tuscora Drive, the city hereby approvell,
establishes and grants in favor of Richland and Pulte the right @d_
entitlement to transportation impact fee credits agai~t .s:-
transportation impact fees assessed pursuant to the Chapter. 'line (j\
credits result from the dedication, planning, development and \..D
construction of Tuscora Drive as required by the City in the
Development Order for the development and use of the Remaining
Property. Further, the City hereby acknowledges, agrees,
establishes and affirms the status of Tuscora Drive as a collector
road.
roo
0"'11
0"'11
A-
n
)>
r
::0
rT1
n
-00
~:::o
C') CJ
rtl U')
4. Calculation of Credits. As a result of the dedication,
planning, development and construction of Tuscora Drive, the City
hereby establishes an impact fee credit in favor of Richland and
-- Pulte in the aggregate amount of $397,441.71. The amount of the
credit has been calculated based upon the anticipated costs of
dedicating, planning, developing and constructing Tuscora Drive and
upon the land value of the right-of-way, all in accordance with
Sec. 9-386.11 of the Chapter. The credits can be used as an off-
set against road impact fees assessed for land development activity
occurring within the Remaining Property. The city shall not be
required to make reimbursement for any excess credits not utilized
as an off-set.
5. Credit Account. The City hereby establishes a
transportation impact fee credit account (the "Credits Account") in
the amount of $397,441.71 for the joint benefit of Richland and
Pul te .
6. Expenditure of Credits.
(a) If either (i) Richland or any of its successors in title
to either Parcel 80 or the Lake Jessup Parcel, or any portion
thereof, or (ii) Pulte or any of its successors in title to either
Parcels 61 or 14C, or any portions thereof, has paid transportation
impact fees prior to the effective date of this Agreement in
connection with the development of said parcels or any portion
thereof, the City shall reimburse jointly Richland and Pulte for
said previously paid fees within thirty (30) days of the effective
3
date of this Agreement, and such amounts shall be deducted from the
Credits Account.
(b) If Richland or any of its successors in title to Parcel
80 or the Lake Jessup Parcel, or any portion thereof, are subject
to an impact fee payment after the effective date of this Agreement
in connection with the development of the parcels, or any portion
thereof, the impact fee which would otherwise be payable shall upon
the City's receipt of the appropriate assignment instrument(s).'0
referenced in Paragraph 7 below, be deducted from the credits t~~n~
available under the Credits Account and such fee shall then me l'V
deemed paid in full. ~ ~
z
o
(c) If Pulte or any of its successors in title to Parc~s
14C or 61, or any portion thereof, are subject to an impact ~e
payment after the effective date of this Agreement in connectten--
with the development of the parcels, or any portion thereof, ~e~
impact fee which would otherwise be payable shall upon the Citl's-4
receipt of the appropriate assignment instrument(s) referenced in a
Paragraph 7 below, be deducted from the credits then available
under the Credits Account and such fee shall then be deemed paid in
full.
roo
0'1.
0'1
A-
n
>-
r
::0
",
n
-00
)>::0
G)CJ
fTl U>
(d) Notwithstanding anything contained in this Agreement to
the contrary, if the City is paid an impact fee after the effective
date of this Agreement in connection with development activity
within any portion of the Remaining Property, and there remain
credits available under the Credits Account, the City shall pay
jointly to Richlaild and Pulte the amount of the fees collected by
the City within thirty (30) days of its receipt of said fees;
provided, however, the amount the City pays to Richland and Pulte
shall not exceed the amount of the credits that remain unused and
in the Credits Account.
7. Evidence of Right to Use Credits/Assignment of Credits.
(a) The Credits Account shall be established by the City in
the name of both Richland and Pulte. The credits may be assigned
by written assignment instrument execute by both Richland and
Pulte. Any assignee from Richland and Pulte may itself further
assign the credits for use in conjunction with the Remaining
Property by executing an appropriate assignment instrument.
(b) An assignment or transfer of impact fee credits shall be
effectuated by a written assignment instrument reasonably
satisfactory to the city. In the case of any such assignment, the
assignor may require the assignee to pay consideration for the
assignment of the. credits. Upon presenting the assignment
instrument to the City, the assignee shall receive a receipt for
the amount of credit assigned; provided, however, in no event shall
4
the receipt be for an amount greater than the amount of credits
that remain unused and in the credit account with the City.
8. Bindincr Effect. This Agreement shall be binding upon and
shall inure to the benefit of the City, Richland, Pulte and their
respective successors and assigns.
9. Miscellaneous.
(a) Governing Law. This Agreement shall be governed by and'J
construed in accordance with the Chapter, Ordinance No. 489 and~euJ
applicable laws of the state of Florida. :2 N
- --J
(b) Severability. Any provision of this Agreement Whicti5is
legally unenforceable shall be ineffective to the extent of ~h
unenforceability without invalidating or impairing the remaining
provisions hereof. ~ --
-"..::-
(c) Effective Date. This Agreement shall become effect~e~
upon the last date of execution of this Agreement by the parties.--'
!
(d) Attorneys Fees. In the event of any dispute hereunder or
of any action to interpret or enforce this Agreement, any provision
hereof or any matter arising herefrom, the prevailing party shall
be entitled to recover from the non-prevailing party its reasonable
costs, fees and expenses, including, but not limited to, witness
fees, expert fees, consultant fees, attorney, paralegal and legal
assistance fees, costs and expenses and other professional fees,
costs and expenses whether suit be brought or not, and whether in
settlement, in any declaratory action, at trial or on appeal.
coo
0""11
o "'T1
xc=>
l>
r
:;0
rrl
n
-00
>>::0
G"') CJ
fT1 (/)
I
tr
5
. 1M WITHBSS WHEREOI', the parties hereto have executed this
Agreement as of the day and year first written above.
Signed, sealed and delivered
in the presence of:
feD
Priri~: Jftt 5h1fffl1f12
.---
Print Name:
Print Name:
Jr~ p(1~~
int Name: ~ c.. n I U .y" \ \~ J \ri...
~~~~Q-
Print Name:~cNA~ H. 8'L.AU<....
"RICBLAND"
RICHLAND TUSCAWILLA, LTD. a
Florida limited partnership
By:
"PULTB"
PULTE HOKE CORPORATION,
MiChigan corporation
By:
Name:
Title:
"CITY"
CITY OF WINTER SPRINGS,
political subdivision of the
State of Florida
6
~
-.J
N
roo
0"
0"
:x-
C"")
:D-
r
::0
rrJ
("")
-00
l>'::o
G") 0
CTJ.(/)
a
STATE OF FLORIDA
COUNTY OF DP -A f\,L-"-! i=- .
The foregoing instrument. was acknowl~qed before ~ t~is c?;roci
day offYYliJ. , 1995, by;;;C}lmu,P// k. ~S as i;;~ f-1~mFOf
RICHLAND MAl,tAGEMENT, INC., a Florida corporation and managing
genera partner of RICHLAND TUSCAWILLA, INC., a Florida limited
pa ership, on behalf of the partnership. Said person (check one)
s personally known to me, 0 produced .~.
as id:~.;.ification. ~. /. /"J- -... ~ .. 1""0
..'~~'\ OFFICIAL SEAL _~ (/) ~ coo
i ~. BARBARA CARTAS ~ i'.) g~
: : My Commission Expires Print ame: -..J An
;. ! May 23,1997 Notary Public, State of Florida 25
..:::~Off"c~.. Comm. No. CC 275104 commission No.: r- F-
....... My Commission Expires: ~::o
o ~
STATE OF FLORIDA "'T1 .+:- ~.~
r -.J 00
COUNTY OF W fTtU>
~,.,,-.
The foregoing instrument was acknowledged before me this
day of , 1995, by , as
PULTE HOME CORPORATION, a Michigan corporation, on behalf of
corporation. Said person (check one) 0 is personally known to
o produced' as identification.
of
the
me,
Print Name:
Notary Public, State of Florida
Commission No.:
My Commission Expires:
STATE OF FLORIDA
COUNTY OF ,gem, ~off
tL The foregoing instrument was acknowledged before me this
~day of -:r-I...tt'\) e_ , 1995, by '"3OH."-\ &O\JORU~, as Q\~ M~l..'Mt>>,p-'
of CITY OF WINTER SPRINGS, political subdivision of the tate of
Florida. Said person (check one)~is personally known to me, 0
produced as identification.
~~.~
Print ame: . H~t)"~s
Notary Public, State of Fldr~da
Commission No.:
My commission Expires:
R:\REAL\1200\D-263I.&g7
7
~~'<t- MARGO M HOPKINS
W My Commlnion CC403745
* *ExpiresAug.28,1998
Bonded by ANB
~"'tOFP.~<:>" 800-852-5878
, ,
_r~
"",,-
, .
'"J;
--
't
[EGlB1LlTY UNSA11SFAClOR1
FOR MICROFilMING
Dr aBUlia ~, the parti.. hereto have executed tbi.
A;r....h~ .. ot the day and year tiret written a};)OYe.
Signac:l, sealed and delivered
in the p~...ce of:
Pr1rat. .....
Print: Hoes
W~~.
~;I:~~~
ft: nt --; "-' . "-~
PriUt )1_:
Print. __I
HUCJU.UDI'
RICSLAHD TtTSCAWILIA, L'1'D. a
Florida liaJ..ted. partnership
By: RICBLAND JlANAGBMBH'1',
IRe. , a Plarida
oo~paration, genara1
partner
By:
R_:
Title:
IlJ
<.1' t (:)
r-rI ,'\)
~ -.J
z
o
I
fT1
C")
o
n>>DLU- "T1 .+:-
I -s
HOD CORPORATION, .q
rporation
"C%fttI
CITY OJ' WXH'.9R SPRDIGS,
political .ub4iv~.1on of the
St:at:e ot Plorida
BY:
Name.
TiU. :
-
6
... YV" y....~
co 0
O-r}
O-r}
:;r;:c:;
)>
r
;::J
fTl
C")
~~
QO
''I U>
" ,~ I.. ~
......-.,
-
.r'~^
-
, '
'-'"
--
STATE or FtDJUDA
COtJWTY or
lEGIBILITY UNSAT1SFACTOR~
FOR MiCROFILMING
The tOl'e9oinq inst:nuaent was aoJmawladgecl before _ this
day Df , 1995, by , as . . ot
RICHI.wD IlAXAGBMDIT, DlC., a Florida c:orpo~.tlon and Mna.CJiNJ
lJ8ftWal ~ of RIaILUfD 'l'OSCAWILLA, INC., a rlor1da 11Jalt8cl
partnerahip, on behalf of the partnership. Sa14 person (Check one)
tJ i. pwaonally known to.., C p~~ . ~
a. identification. u> \..0
rrJ 1'0
3:-.J
,
hln't _...s
Notary Publlc, sb'te at
CORi..ion No. &
My eo.ai..ion EiPlrea:
--
o
Flol"ida~
STAU or FLOJUDA
cotnm 0' ~~
~ foregoing in.t.rwIen~. liaS acknowledged. bat~M...~
day of ~ , 1995, ))y -----.-:.~ 'cC~ ' as ~~~O-"< ~
PUUrB BOllI! CORPORATJ;Otf, . .lob qan co~~~t on, on behalf of the
corporation. Said per~ C Qheck one)D-!'. penonally lcnown to 1Ie,
o praclUcId , .. i4entiticat:.l.on.
~..**. ~ \/ _1'\\<0 ^
~" OFFICIAL SEAL ~ ~ ~"^-l!
_ i M~A~~~~T;s~~Ei:p~;es Pr If_z i - ~ ~. ~hi~"-o
\. 1 i July 16 1996 Notary Publ c, S1:ate af PIOl: da
'~~~.' Comm. No. CC 252313 Coai..ion HQ.: QS::.. ~ ~'- ~
'......... My ~oJalli..ion Expin.: '-1.-,~ -c...\o
STAn OF I'IDIUDA
cotnm OW
The . foX'8901ncJ 1natruaent wu aoknowltMi9ad be~Oft .. thia
day o~. , 1005, by , ..
orcIn OF 1irit.rD SPRDiGS, polItical euiiilYlsion of the State ot
Florida. Said person (CbecJt one) 0 i. penonally Jmovn to .., D
produced a. i~ificatiOll.
'IW&"_~"'"
Print a_I
Hotazy ~lia, st:at:.e of Plarida
coal..ion No.:
Xy COD1Aion BiPirea:
7
~
o
.
-r, "-,
r- -.J
CJl
W1UUCl/Ull
COO
O:""T1
o-r,
A-
n
>
r
:::0
rrl
n
~o
.::0
C'lC
rrt en