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HomeMy WebLinkAboutCentex Homes Binding Development Agreement -2000 08 28 BINDING DEVELOPMENT AGREEMENT THIS BINDING DEVELOPMENT AGREEMENT, made and executed this '2gTl-t day of AlJG..lJ'::> T, 2000, by and between the CITY OF WINTER SPRINGS, a Florida municipal corporation ("City") whose address is 1126 East State Road 434, Winter Springs, FL 32708 and CENTEX HOMES, a Nevada corporation, ("Owner"), whose Orlando Division address is 385 Douglas Avenue, Suite 2000, Altamonte Springs, FL 32714 WIT N E SSE T H: WHEREAS, Owner is currently constructing a residential planned unit development within the City of Winter Springs called "Parkstone"; and WHEREAS, during the permitting process with the City of Winter Springs, Owner \ agreed, by recorded plat and recorded declarations and covenants, to construct improvements to the park area located within Parkstone by the one-hundredths (I OOth) building permits for homes constructed within Parkstone; and WHEREAS, Owner is currently in the process of constructing and permitting the park improvements, including a tennis court, tot lot, cabana bath house, and pool, however, Owner has experienced delays in said construction and permitting; and WHEREAS, Owner is also approaching thelOOth building permit for home construction within the Parkstone PUD and expects to be .ready to pull additional permits beyond the aforesaid 100 home building permit limitation before the construction of the park is completed; and WHEREAS, Owner desires to pull home building permits in excess of 100 before the construction of the Parkstone park is completed; and -1- WHEREAS, because Owner is currently constructing and permitting the park improvements in good faith, the parties desire to amend the 100 building permit limitation, as set forth in this Agreement, in order to avoid any delays in the construction of the homes in the, Parkstone PUD; 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 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 ("Property") which is the subject to, and bound by, the terms and conditions of this Agreement is commonly known as the Parkstone PUD located along State Road 434 within the City of Winter Springs, Florida. The legal description of which is recorded in the public records of Seminole County and on file with the City of Winter Springs. Said legal description is hereby fully incorporated herein by this reference. Section 4. Representations of Owner. Owner hereby represents and warrants to City that Owner 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 shall constitute a legal, valid and binding obligation enforceable against Owner and the Property in accordance with the terms and conditions of this Agreement. Owner represents it has voluntarily and willfully executed this -2- Agreement for purposes of binding itself and the Property to the terms and conditions set forth in this Agreement. Section 5. Owner's Obligations and Commitments. In consideration of the Owner continuing in good faith to complete the Parkstone park improvements, City agrees to extend the time for completing said improvements until the one-hundred-fortieth (140th) building permit for homes constructed within the Property. It is the intent of this paragraph to allow Owner to pull up to one hundred-forty (140) home building permits in compliance with City of Winter Spring's Codes prior to the completion of the park improvements and in accordance with the next . sentence. Notwithstanding, no building permits shall be issued after November 1,2000 unless the park improvements are completed. 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 b)' written agreement duly executed by both parties hereto and approved by the City's City Commission. Section 9. Entire Agreement. This Agreement supersedes any other agreement, oral or written, and contains the entire agreement between the City and Owner 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 comiof competent jurisdiction, the same shall not affect in -3- any respect the validity or enforceability of the remainder of this Agreement or any other previous written agreement or recor~ed covenant regarding the subject matter hereof. Section 11. Effective Date. This Agreement shall become effective upon approval by the City Commission of Winter Springs and execution of this Agreement by both parties. Section 12. Relationship ofthe Parties. The relationship of the parties to this Agreement is contractual and Owner 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 13. 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 14. City's Police Power. Owner agrees and acknowledges that the City hereby reserves all police powers granted to the City by law. Owner further agrees and acknowledges that the City in no way waives its right to enforce previous development permits, agreements, or recorded covenants regarding the construction of the Parkstone park improvements in the event the Owner breaches its obligations under this Agreement or discontinues or abandons Owner's obligations to construct said park impro:"ements., In no way shall this Agreement be construed as the City bargaining away or surrendering its police powers. Section 15. 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 -4- parties. Section 16. Permits. The failure oftrus Agreement to address any particular City, county, state, and federal permit, condition, term, or restriction shall not relieve Owner or the City of the necessity of complying with the law governing said permitting requirements, conditions, term, or restriction. ' Section 17. 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 18. 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 19. Attorney's Fees. In connection with any arbitration or litigation arising out of this Agreement, the prevailing party shall be entitled to recover reasonable attorney's fees and costs through all appeals. Section 20. Future RezoningslDevelopment Permits. Nothing herein shall limit the City's authority to grant or deny any future rezoning or 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 the Owner or on the Property. [IntentionaJly left blank] -5- IN WITNESS WHEREOF the parties have hereunto set their hands and seal on the date first above written. CENTEX HOMES By: ~dt: .i-Lu.JQI > ~~\~ J...~lb,*T (Prin Name of Witness) (Print Name and Title) ~l~ CITY OF WINTER SPRINGS, a Florida Mu or By: -- Paul P. Partyka, M~yor . STATE OF FLORIDA COUNTY OF ~)Vt /1"--uL. L The foregoing instrument was aCkn~ledged before ~e this alS- day of S:e,p'G--.-.....-f.:.-</' , 2000; by ~fre..(c(L y. /C/I-<c,?{,fr- , as .p{2.t:3S d)6A..Ji of CENTEX HOMES, a jUiZU/f'OA- corporation, ['-:tWho is personally known to me, or [ ] who has produced as identification. \"" \ \ III "'11",/ -.----- 7'" . ~"'\. SCHLAGcll/~ (:~~::~=~~~._'1'~c::- ~ ~ ........ ~?> ~ ~ '$ ..~~\SSION ti.. ~ NmARYPUBLIC, Sta~ of Florida ~ . c:s - jO e. -." ~ "'~"'4~,\.22.~oo'%:..' ~ =:~ ~ tP~ -: My commission expires: :*: ..... :*: (SEAL) ~~ ~ ~ #cc 640749 .,j~~ ~~. ~.~~ ~~..~~.,,6'onded\X\\~~i..~.. <:) ~ ~ ;J--A..Publicun\\~..~<<.':~ ~ ZI. ........ \:) ~ '/llllltltC.Slf>.\\,\\~ -6- Iln"",,,,,,, '