HomeMy WebLinkAbout2005 05 23 Regular Item 501, Development Agreement Modification for The Landings at Parkstone
CITY COMMISSION
AGENDA
ITEM 501
Consent
Information
Public Hearin2
Regular X
May 23.2004
Meeting
t..MGR. Jff lDept.~
REQUEST: The Community Development Department requests the City Commission approve
the proposed development agreement modification for The Landings at Parkstone.
PURPOSE: The purpose ofthis agenda item is to recommend approval for the proposed
development agreement to allow model units to be constructed prior to platting.
APPLICABLE REGULATIONS:
Chapter 166, Fla. Statutes
Division 3. Part B. Planned Unit Development (sections 20-376 thru 20-389).
Section 20-474. Development Agreement.
CONSIDERATIONS:
The applicant has requested to amend the existing development agreement to allow model units
to be built before a final subdivision plat is approved and recorded. Similar provisions were
approved in development agreements for Barclay Reserve, J esup' s Reserve, and J esup' s Landing.
In all cases, a site must have adequately stabilized access for emergency response and potable
water available to fight fires.
RECOMMENDATION:
Staff recommend approval of the development agreement modification for the Landings at
Parkstone being provided by the City Attorney.
May 23, 2005
Regular Item 501
Page 2
ATTACHMENTS:
A. Development agreement
B. Draft First Modification
CITY COMMISSION ACTION:
ATTACHMENT A
TIUS INSTRUMENT WAS PREPARED BY
AND SHOULD BE RETURNED TO:
Anthony A. Garganese, Esquire
Brown, Garganese, Weiss & D'Agresta, P.A.
Post Office Box 2873
Orlando, Florida 32802-2873
(407) 425-9566
FOR RECORDING DEPARTMENT USE ONL V
BINDING DEVELOPMENT AGREEMENT
FOR mE LANDINGS AT PARKSTONE
Tms BINDING DEVELOPMENT AGREEMENT, made and executed this_
day of
, 2004, 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.
WITNESS ETH:
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
, 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 lof9
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. Authoritv. This Agreement is entered into pursuant to the Florida Municipal
Home Rule Powers Act.
Section 3. Subject 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 2 of9
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. Obli2ations 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) Garba2e 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) UtilitylDrainasze 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 of land
(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 Orlando as 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. InteIpretation. 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.
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 50f9
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 Perfonnance. 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 perfonnance of
these obligations may be obtained by suit in equity.
Section 20. Attornevs' 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 pennitted by law.
Section 21. Develooment Pennits. Nothing herein shall limit the City's authority to
grant or deny any development pennit 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 60f9
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 of the following witnesses:
FIRST ORLANDO DEVELOPMENT CO.,
INC., a Florida corporation
Printed Name of Witness
By:
Name:
Title:
Printed Name of Witness
CITY OF WINTER SPRINGS,
a Florida Municipal Corporation
ATTEST:
By:
JOHN F. BUSH
Mayor
By:
ANDREA LORENZO-LUACES
City Clerk
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this _ day of , 2004,
by , as of First Orlando Development Co., Inc., a Florida corporation,
[ ] who is personally mown to me or [ ] who has produced as
identification.
(NOTARY SEAL)
Notary Public Signature
(Name typed, printed or stamped)
Commission No.:
My Commission Expires:
Binding Development Agreement
For the Landings at Parkstone
Page 7 of9
EXHmIT "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, PARKSTONE 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
ATTACHMENT B
THIS INSTRUMENT WAS PREPARED BY
AND SHOULD BE RETURNED TO:
DRAFT
5/13/05
Anthony Garganese, Esquire
City Attorney of Winter Springs
Brown Garganese, Weiss & D'Agresta, P.A.
225 E. Robinson St., Suite 660
Orlando, FL 32801
(407) 425-9566
FIRST MODIFICATION OF DEVELOPMENT AGREEMENT
THIS FIRST MODIFICATION OF DEVELOPMENT AGREEMENT (the
"Agreement") is made and executed this day of May, 2005, 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 First Orlando Development Co.,
Inc., a Florida corporation ("First Orlando"), whose address is 337 N. Femcreek Avenue,
Orlando, Florida 32789.
WITNESSETH:
WHEREAS, First Orlando and the City previously entered into a binding
development agreement which is recorded in the Public Records of Seminole County,
Florida at Official Record Book , Pages (the "Development
Agreement"); and
WHEREAS, First Orlando has requested an amendment to the Development
Agreement in order to enhance the sale and marketing efforts of the development Project;
and
WHEREAS, in furtherance of this request, the parties desire to amend the
Development Agreement to permit First Orlando to commence construction of a limited
number of model townhouse units prior to the recordation of the final plat for the
development Project under the terms and conditions contained herein; and
NOW THEREFORE, in consideration of the mutual promises and covenants
contained herein, the parties mutually agree to amend the Development Agreement as
follows:
Section 1.
The following paragraph is added to the Development Agreement:
First Modification to Developer's Agreement
City of Winter Springs and First Orlando Development, Co., Inc.
I
22. Construction and Use of Model Homes. Prior to the recording
of the [mal plat, the City agrees to permit First Orlando 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 four (4) individual units.
(2) The model townhouses shall remain under First Orlando's 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, First Orlando 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 in close proximity to
the right side to the entrance of the Project.
(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, First Orlando 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. First Orlando 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 [mal plat. First Orlando 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.
(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 townhouse units shall be limited to the sale and marketing efforts for the
Project. In addition, First Orlando shall have the right to utilize one garage in the
model townhouse building as a temporary sales office.
(6) At the request of First Orlando 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.
Section 2. All other terms and conditions of the Development Agreement, not in
conflict with this First Modification, shall remain in full force and effect.
First Modification to Developer's Agreement
City of Winter Springs and First Orlando Development, Co., Inc.
2
IN WITNESS WHEREOF, the parties have hereunto set their hands and seal on
the date fIrst above written.
CITY OF WINTER SPRINGS
By:
John F. Bush, Mayor
ATTEST:
By:
Andrea Lorenzo Luaces, City Clerk
ApPROVED AS TO FORM AND LEGALITY For the use
and reliance of the City of Winter Springs,
Florida, only.
Dated:
CITY SEAL
By:
Anthony Garganese, City Attorney for
the City of Winter Springs, Florida
First Modification to Developer's Agreement
City of W inter Springs and First Orlando Development, Co., Inc.
3
Signed, sealed and delivered in the
presence of the following witnesses:
FIRST ORLANDO DEVELOPMENT CO.,
INC., a Florida Corporation
By:
Signature of Witness
Printed Name of Witness
Printed Name:
Title:
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this day of
____________, 2005, by _______________________________, as
of FIRST ORLANDO DEVELOPMENT CO., INC., a
Florida Corporation, on behalf of said corporation. He is personally known to me or
produced as identification.
(NOTARY SEAL)
(Notary Public Signature)
(Print Name)
Notary Public, State of
Commission No.:
My Commission Expires:
First Modification to Developer's Agreement
City of Winter Springs and First Orlando Development, Co., Inc.
4
. .
._~------_._------._.-'_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
,I
I. ....................1.
Tms INSTRUMENT WAS PREPARED BY
AND SHOULD BE RETURNED TO:
~ ~ lllftK IF CIRCUIT auT
SElUNlU cwnv
BK 05787 PGS 1188-1191
CLERK9 S ~ 2(>>05108019
REWRIlt1) 06I29/200S 09&23&58 AM
AECORDINB FEES J5.. 50
~D IV t hold,.
Anthony Garganese, Esquire
~ City Attorney of Winter Springs
Brown Garganese, Weiss & D'Agresta, P.A.
225 E. Robinson St., Suite 660
Orlando, FL 32801
(407) 425-9566
FIRST MODIFICATION OF DEVELOPMENT AGREEMENT
THIS FIRST MODIFICATION OF DEVELOPMENT AGREEMENT (the
"Agreement") is made and executed this 6th day of June, 2005, 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 First Orlando Development Co., Inc.,
a Florida corporation ("First Orlando"), whose address is 337 N. Femcreek Avenue,
Orlando, Florida 32789.
WITNESSETH:
WHEREAS, First Orlando and the City previously entered into a binding
development agreement which is recorded in the Public Records of Seminole County,
Florida at Official Record Book 05752, Pages 1747-1755 (the "Development
Agreement"); and
WHEREAS, First Orlando has requested an amendment to the Development
Agreement in order to enhance the sale and marketing efforts of the development Project;
and
WHEREAS, in furtherance of this request, the parties desire to amend the
Development Agreement to permit First Orlando to commence construction of a limited
number of model townhouse units prior to the recordation of the final plat for the
development Project under the terms and conditions contained herein; and
NOW THEREFORE, in consideration of the mutual promises and covenants
contained herein, the parties mutually agree to amend the Development Agreement as
follows:
Section 1.
The following paragraph is added to the Development Agreement:
First Modification to Developer's Agreement
City of Winter Springs and First Orlando Development, Co., Inc.
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22. Construction and Use of Model Homes. Prior to the recording of
the final plat, the City agrees to permit First Orlando to construct model townhouse
units under the following conditions:
(I) The model townhouse units shall be contained in a single building and
shall not exceed four (4) individual units.
(2) The model townhouses shall remain under First Orlando's 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, First Orlando 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 in close proximity to the
right side to the entrance of the Project.
(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, First Orlando 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. First Orlando 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. First Orlando 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.
(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 townhouse
units shall be limited to the sale and marketing efforts for the Project. In addition,
First Orlando shall have the right to utilize one garage in the model townhouse
building as a temporary sales office.
(6) At the request of First Orlando 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.
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First Modification to Developer's Agreement
City of Winter Springs and First Orlando Development, Co., Inc.
Section 2. All other terms and conditions of the Development Agreement, not in conflict
with this First Modification, 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.
CITY SEAL
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CITY OF ~~~.iPR1N~~:\,
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ApPROVED AS TO FORM AND LEGALITY For the
use and reliance of the City of Winter Springs,
Florida, only.
Dated:
3
First Modification to Developer's Agreement
City of Winter Springs and First Orlando Development, Co., Inc.
Signed, sealed and delivered in the
presence of the following witnesses:
FIRST ORLANDO DEVELOPMENT CO.,
INC., a Florida Corporation
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BY.~~
Printed Name:. If. QA. T I ~...
Title:-P" ~ .. ./
Printed Name of Witness
, 1u et. iJaqaAL
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I rOt'.., "~a.n
Printed Name ofWitn
STATE OF FLORIDA
COUNTY OF OrlLnqt-
The foregoing instrument was acknowledged before me this dio ~ day of
m n Ll 2005, by as
of FIRST ORLANDO DEVELOPMENT CO., INC., a Florida
Corporation, on behalf of said corporation. ,He is personally known to me or produced
as identification. .
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· · .., ~ DD203878
., Exphe ... 27, 2007
1 UtI!;. f'i&JCUL
(No~ Public Signatu~
'Tr-- Ct Q ~ p n. 3 CU'\
(Print Name)
Notary Public, State of r I (J r' I c1...CL
Commission No.:
My Commission Expires:
(NOTARY SEAL)
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First Modification to Developer's Agreement
City of Winter Springs and First Orlando Development, Co., Inc.