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HomeMy WebLinkAboutFirst Orlando Development Co., Inc. Binding Development Agreement -2005 05 26 . . ._~------_._------._.-'_I ,) MARY~ MIfi, l;lt:ftl( (f CIRCUIT CWRl SEMINOlE COl.tfrY Bt< 05752 PGS 1747-1755 CLE RK' S =II 2005(~92926 ~toMDED 06I06/200S 02143113 PM REUJRDlNa FEES 78.00 ~tOR~O BY l Woodlty THIS INSTRUMENT WAS PREPARED BY AND SHOULD BE RETURNED TO: ,t1 1.\ nthony A. Garganese, Esquire JL.lBrown, Garganese, Weiss & D' Agresta, P.A. Post Office Box 2873 Orlando, Florida 32802-2873 (407) 425-9566 FOR RECORDING DEPARTMENT USE ONLY BINDING DEVELOPMENT AGREEMENT FOR THE LANDINGS AT PARKSTONE THIS BINDING DEVELOPMENT AGREEMENT, made and executed this ~t... ,,/ :? day of W\Ai ' 200;t, by and between the CITY OF WINTER SPRINGS, a Florida municipal corporation ("City"), whose address is 1126 East State Road 434, Winter Springs, Florida 32708, and FIRST ORLANDO DEVELOPMENT CO., INC., a Florida corporation ("First Orlando") whose address is 337 N. Femcreek Avenue, Orlando, FL 32803. WITNE SSE TH: WHEREAS, First Orlando is constructing a townhome development on real property located within the City of Winter Springs, Florida; and WHEREAS, pursuant to the approval of the City of Winter Springs City Commission on July 26, , 2004, First Orlando desires to facilitate the orderly development of a townhome project (the "Townhome Project") on the Subject Property (defined in Section 3 below) as depicted in the site plan attached hereto as Exhibit "A" and incorporated herein by this reference (the "Site Plan"), in compliance with the laws and regulations ofthe City; and Binding Development Agreement For the Landings at Parkstone Page 1 of9 . , WHEREAS, the City Commission has recommended entering into a Binding Development Agreement, ("Agreement"), with First Orlando for the development of the Townhome Project; and WHEREAS, in addition to First Orlando's compliance with all City Codes, permitting and construction not in conflict herein, the City and First Orlando desire to set forth the following special terms and conditions. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties mutually agree as follows: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference. Section 2. Authority. This Agreement is entered into pursuant to the Florida Municipal Home Rule Powers Act. Section 3. Subiect Property. The real property ("Subject Property") which is subject to, and bound by, the terms and conditions of this Agreement is legally described on Exhibit "B," attached hereto and made a part hereof by reference. Section 4. Representations of First Orlando. First Orlando hereby represents and warrants to the City that First Orlando 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 First Orlando and recorded in the public records of Seminole County, Florida, constitute a legal, valid and binding obligation enforceable against First Orlando and the Subject Property in accordance with the terms and conditions of this Binding Development Agreement For the Landings at Parkstone Page 2of9 Agreement. First Orlando represents it has voluntarily and willfully executed this Agreement for purposes of binding the Subject Property to the terms and conditions set forth in this Agreement. Section 5. Obligations and Commitments. In consideration of the City and First Orlando entering into this Agreement, the City and First Orlando voluntarily agree as follows: (a) Site Plan. First Orlando shall construct the Townhome Project in accordance with the Site Plan approved by the City Commission of Winter Springs. Said Site Plan may be amended from time to time by the City without amendment to this Agreement. All Amendments to the Site Plan shall automatically be incorporated herein by this reference. (b) Drainage/Easement(s). Drainage for the Subject Property shall tie in to the existing Parkstone PUD drainage system. First Orlando shall convey all drainage easement(s) located on the Subject Property prior to the issuance of a certificate of occupancy for the Subject Property. Said easement(s) shall be in a form deemed acceptable to the City Attorney. (c) Off-site Light Spillage. Off-site light spillage shall only be permitted at the main entrance of the Subject Property so that the sidewalk and entrance along Parkstone Boulevard are illuminated to enhance public safety. However, any such illumination shall not cause any unreasonable glare for motorists along Parkstone Boulevard and shall first be approved by the City. (d) Garbage Collection. Garbage collection for the Subject Property will be provided to each individual townhome. Garbage dumpsters are not permitted. (e) Internal Rights-of-Wav/Streets. Rights-of-Way internal to the Subject Property are forty (40) feet wide. Streets internal to the Subject Property do not meet City standards and, therefore, are not eligible for inclusion in the City's public street system. Binding Development Agreement For the Landings at Parkstone Page 3 of9 (f) Internal Sidewalks. Sidewalks internal to the Subject Property are four (4) feet wide. (g) Utilitv/Drainage Easements. Utility and drainage easements internal to the Subject Property vary in width; refer to the plat for actual dimensions. (h) Density. All previous City of Winter Springs approvals regarding residential density on the Subject Property are hereby deemed null and void. The residential density for the Subject Property is hereby established at 104 townhome units on 12 acres ofland (8.66 units per acre). First Orlando acknowledges and agrees that this residential density is less than the density previously approved by the City in 1997. Section 6. Successors and Assigns. This Agreement shall automatically be binding upon and shall inure to the benefit of the successors and assigns of each of the parties. Section 7. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Section 8. Amendments. This Agreement shall not be modified or amended except by written agreement duly executed by both parties hereto and approved by the City Commission. Section 9. Entire Agreement. This Agreement supersedes any other agreement, oral or written, and contains the entire agreement between the City and First Orlalldoas to the subject matter hereof. Section 10. 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. Binding Development Agreement For the Landings at Parkstone Page 4 of9 Section 11. Effective Date. This Agreement shall become effective upon approval by the City of Winter Springs City Commission and execution of this Agreement by both parties. Section 12. Recordation. This Agreement shall be recorded in the public records of Seminole County, Florida, and shall run with the land. Section 13. Relationship of the Parties. The relationship of the parties to this Agreement is contractual and First Orlando 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. Section 14. Sovereign Immunity. Nothing contained in this Agreement shall be construed as a waiver of the City's right to sovereign immunity under Section 768.28, Florida Statutes, or any other limitation on the City's potential liability under state and federal law. Section 15. City's Police Power. First Orlando agrees and acknowledges that the City hereby reserves all police powers granted to the City by law. In no way shall this Agreement be construed as the City bargaining away or surrendering its police powers. Section 16. Interpretation. The parties hereby agree and acknowledge that they have both participated equally in the drafting of this Agreement and no party shall'befavored or disfavored regarding the interpretation to this Agreement in the event of a dispute between the parties. Section 17. Permits. The failure of this Agreement to address any particular City, county, state, and federal permit, condition, term, or restriction shall not relieve First Orlando or the City of the necessity of complying with the law governing said permitting requirements, conditions, term, or restriction. Binding Development Agreement For the Landings at Parkstone Page 5 of9 Section 18. Third Party Rights. This Agreement is not a third party beneficiary contract and shall not in any way whatsoever create any rights on behalf of any third party. Section 19. Specific Performance. Strict compliance shall be required with each and every provision of this Agreement. The parties agree that failure to perform the obligations provided by this Agreement shall result in irreparable damage and that specific performance of these obligations may be obtained by suit in equity. Section 20. Attorneys' 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. Section 21. 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. In addition, nothing herein shall be construed as granting or creating a vested property right or interest in First Orlando or in the Subject Property. [SIGNATURE PAGE FOLLOWS] Binding Development Agreement For the Landings at Parkstone Page 6 of9 IN WITNESS WHEREOF the parties have hereunto set their hands and seals on the date first above written. Signed, sealed and delivered in the presence oft e fi Howing witnesses: FIRST ORLANDO DEVELOPMENT CO., INC., a Florida corporation j~~~-,~~ Printed Name ofWitn BY:~~ 0 Name: ,JII'~IE"'T . ~A ':t..... if Title: . ~4!..~ ATTEST: CITY OF WINTER SPRINGS, a Florida Municipal Corporation By: ~;?~ JO F. BUSH Mayor STATE OF FLORIDA COUNTY OF Or (} rlCtf- 4 t-- r:::-' The foregoing instrument was acknowledged before me this ;)I.c day of M a...vf-, 200jY, z::> by , as of First Orlando Development Co., Inc., a Florida corporation, [)(] who is personally known to me or [ ] who has produced as identification. (NOTARY SEAL) j ~".L fZtt.a'3aA- Notary Public Signature ~~y~, hel Reagan fW'; My ConvnI,,1on DD203678 ~~ Expires June 'l1, 2007 --r;.a{'~ ~~ (Name typed, printed or ped) Commission No.: My Commission Expires: Binding Development Agreement For the Landings at Parkstone Page 7 of9 . ' EXHIBIT "A" (SITE PLAN) Final Site Plan and all amendments thereto are on file at: City Hall City of Winter Springs 1126 East State Road 434 Winter Springs, Florida 32708 Binding Development Agreement For the Landings at Parkstone Page 8 of9 EXHIBIT "B" SUBJECT PROPERTY That certain piece parcel and tract of land located in Seminole County, Florida, described as follows: LEGAL DESCRIPTION Tracts A, B and C, P ARKSTONE UNIT 1, according to the plat thereof, as recorded in Plat Book 56, Pages 17 through 21, of the Public Records of Seminole County, Florida. Together with an Access and Utility Easement, as set forth and described in that certain document recorded on December 18, 1998, in Official Records Book 3556, Page 1777, Seminole County, Florida (Not surveyed). Together with a non-exclusive Easement and Agreement for Drainage and Utilities as set forth and described in that certain document recorded on January 29, 1999, in Official Records Book 3582, Page 2008, Seminole County, Florida (Not surveyed) (Not plottable). Together with a permanent Ingress and Egress Easement and Agreement, as set forth and described in that certain document recorded on January 27, 1999, in Official Records Book 3582, Page 2021, Seminole County, Florida (Not surveyed). Binding Development Agreement For the Landings at Parkstone Page 9 of9