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HomeMy WebLinkAboutCHC Development Co, Inc. Development Agreement -2001 06 01 / .,." 041 7;''''';; -'''1 U/-- CIRCUIT ClER/<.t S G 0113 COURT " This Instrument Prepared By and Return to: N~CORf)Ef) 09/~~1 2001 750098 Anthony A, Garganese, City Attorney RgCaRDINI3 FEES :OO~ O~ IS~ 144 PH c0 CITY OF WINTER SFRlNGS NECtJRDE1J 8Y S Coa~nO,~ Drown, Ward, Salzman & Weiss, P.A. , PO Box 2873 ~ Orlando, FL 32802-2873 PARCEL I.D: NO, [Space Above This Line For Recording Data] BINDING DEVELOPMENT AGREEMENT THIS BINDING DEVELOPMENT AGREEMENT, made and executed this /# day of . 2001, 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 CHC DEVELOPMENT CO., INC., a Florida corporation ("CHC"), whose address is 131 Park Lake Street, Orlando, FL 32803. l WIT N E SSE T H: WHEREAS, CHC is constructing a housing development on real property located within the City of Winter Springs, Florida; and WHEREAS, the real property is currently located within the City of Winter Springs, however, is currently being proposed to be used as part of the Town Center site; and WHEREAS, the parties reasonably believe that the real property may be rezoned, in the near future, to Town Center designation in order to accommodate the development of the A VERY PARK DEVELOPMENT project, (the "Project"); and WHEREAS, the City Commission has recommended entering into a Binding Development Agreeme'nt, ("Agreement"), with CHC for the development of the Project; and WHEREAS, in addition to CHC's compliance with all City Codes, permitting and construction not in conflict herein, the City and CHC 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 incorporated herein by this reference. Section 2. Authority. This Agreement is entered into pursuant to the Florida Municipal Home Rule Powers Act. Section 3. Subject Property. The real property ("Property") which is the subject to, and bound by, the terms and conditions of this Agreement is legally described on Exhibit "A" attached hereto and made a part hereof by reference. 1 ~'"?J /4 -....Q PASE 0114 ~ [Space Above This Line For Recording Data] Section 4. Representations of CHC. CHC hereby represents and warrants to City that CHC 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 wiIl, when duly executed and delivered by CHC and recorded in the public records of Seminole County, Florida, constitute a legal, valid and binding obligation enforceable against CHC and the Property in accordance with the terms and conditions of this Agreement. CHC represents it has voluntarily and willfully executed this Agreement for purposes of binding the Property to the terms and conditions set forth in this Agreement. Section 5. CHC's Obligations and Commitments. In consideration of the City entering into this Agreement with CHC, CHC voluntarily agrees as follows: (a) Road Rights-of-Way. Road rights-of-way shall be not less than forty-seven feet (47') in width and in conformance with all other applicable codes. CHC shall construct five-foot (5') greenstrips and five-foot (5') sidewalks rather than the required six-foot (6') greenstrips and six-foot (6') sidewalks. All road rights- of-way shall be privately owned. (b) Residential Structures. All residential structures located on the entranceway street shall be two (2) stories in height, except Lots 6, 9, 11, 14, and 16, which may be one (1) story. All homes located at the road terminating points shall be two (2) stories in height (Lots 18 and 19). All homes located on corner lots shall be two (2) stories in height (Lots 1, 7, 8, 12, 13 and 17). Not less than fifty percent (50%) of the remaining residential structures shall be two (2) stories in height. (c) On-Street Parking. On-street parking on the entranceway street shall be limited to one (1) side of the road. All other streets may have parking on both sides of the street provided that no on-street parking shall be allowed on any street within thirty feet(30') of an intersection, nor within twenty-five feet (25') of a fire hydrant on the side of the road adjacent to which the fire hydrant is located. (d) Gated Community. The Project may have secured privacy access gates and perimeter privacy fencing. A secondary access easement for public safety vehicles shall be required. Emergency vehicle access control systems shall be installed on the. main, entranceway gate' and the secondary emergency easement, if gated. All access gates shall have sidewalks connecting to the public sidewalk system on public streets to which they connect, where a public sidewalk currently exists. 2 FILE NUM 2001750098 ,e OR BOOK 04174 PAGE 0115 [Space Above This Line For Recording Data] (e) Fencing. Fencing along Tuscawilla Road shall be see-through decorative, wrought iron or aluminum material with masonry columns and certified to meet all code requirements. Additional perimeter fencing shall be permitted provided the fence is six feet (6') in height or less, and in compliance with all City Code requirements. (f) Wetland Buffer. The twenty-five-foot (25') wetland vegetative buffer requirement will be waived in consideration of the mitigation plan permitted by the St. Johns River Water Management District and as herein approved by the City Commission in accordance with the City's Comprehensive Plan. (g) Clock. A clock tower with a functional clock shall be located at or near the entrance that is visible from Tuscawilla Road and the design of which shall be similar to a turn-of-the-century village style acceptable to the City. Said clock shall be maintained and remain fully operational. (h) Parks. The land area on the north side of the retention pond located south of the main entranceway road shall be developed as a passive park including paved walkway on the north side of the lake, park benches, gazebo, street lighting, and landscaping material suitable to the City and consistent with the design theme of the Project. The northern temporary ending points of the internal streets shall be landscaped to function as mini-parks with benches, double-head street lights, and landscape plant material which does not require irrigation and is acceptable to the City. (i) Utility Structures / Equipment. Above ground utility structures and equipment such as lift stations and back-flow preventers shall be fully screened with either masonry, fencing, or dense plant materials so as to not be visible from any street. (j) Tree Replacement. A tree replacement program shall be implemented to the satisfaction of the City and in compliance with the City Code prior to the initiation of site construction. Section 7. 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 8. Applicable Law, This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. 3 FILE NUM 2001750098 OR BOOK 04174 PAGE 0116 . .. . [Space Above This Line For Recording Data] Section 9. 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 10. Entire Agreement. This Agreement supersedes any other agreement, oral or written, and contains the entire agreement between the City and CHC as to the subject matter hereof. Section 11. 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. Section 12. 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 13. Recordation. This Agreement shall be recorded in the public records of Seminole County, Florida, and shall run with the land. Section 14. Relationship of the Parties. The relationship of the parties to this Agreement is contractual and CHC 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 15. 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 16. City's Police Power. CHC 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 17. 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. Section 18. Permits. The failure of this Agreement to address any particular City, county, state, and federal permit, condition, term, or restriction shall not relieve CHC or the City of the necessity of complying with 4 FILE NUM 2001750098 ;f"'. OR BOOK 04174 PAGE 0117 ,. ... [Space Above This Line For Recording Data] the law governing said pennitting requirements, conditions, tenn, or restriction. Section 19. 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 20. Specific Performance. Strict compliance shall be required with each and every provision of this Agreement. The parties agree that failure to perfonn 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 21. 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 to the extent permitted by law. Section 22. Future Rezonings / Development Pennits. Nothing herein shall limit the City's authority to grant or deny any future rezoning or 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 CHC or on the Property. IN WITNESS WHEREOF the parties have hereunto set their hands and seal on the date first above written. Signed, sealed and delivered CHC DEVELOPMENT CO., INC.~ 1;ence of a Florida or io B. -~t L~ Lou - AY'r". LUoo+el"'\ (print Name of Witness) :/ . " "-v- . ..1..... ~ .....7 . ~. . ~_. '"" .. -.. ~ <:';1 ~ ~ ':,; " , \J eb~(~. 6-(~e ,..,,,, (print Name of Witness) 5 . . H_--Jf.tN:~:S':&lI1J' ~ll1;oo.v~ ,,,.. vi "..v I LJI'-1 ,,_ I ~Vi ~VV, I ~ Iv CHe DEVELOPMENT 407 841 1623 P.07/11 .' ISI*o ,,~... This lin< fa< ll=onli", ~fl FJL~ NUM 20017~OO98 OR BOOK 04174 PAGE 0118 NOTARIAL ACKNOWLEDGEMENT STATEOFF~A COUNTY OF ~'I~_ ~ The foregoing instrument was acknowledged btfOf! me this I ~daY of . 001, by CARt H. CAHILL, M President QfCHC DeVELOPMENT CO., INC., a florida curporation, u is personally mown tu me, or ( J who has produced as identification (SEAL) F:lDOCSICUy nf WiIlfU Spri"gsl.fgt'Jl!IIItIll1W~f)' ftuk ~".11 \ 6 ~i..~ NOTARY PUBUC, s.ate offlorida My commission expires: t>> l'ameIa R. Fmo i{~ i'; NYmtoMSSD/, InnIlt96 mE ~. May ~ 2005 . . llllIDfCI"'IIICf_1lIlIIIlo.1IIC p.07 \ ...."'~"v~\,ACoIll UQltU(iiI!!1 ~~_I LVV, IV.~ I"'\IVI ...:JnI"H..JI OU::"-LJ ,+Uf...OOLILf.,J p.08 JHl'h:~S-~ l\!l:W CIi:: DEVELl.Fl'ENT 4e7 841 1623 P.08/11 ,. .....1;. '..UP, &::VVJ ,;)UU~~ OR BOoK 04174 PAGE 0119 .' IS..... _. 1Mu....... --.... Dolal EXHibIT" A" The real property ("l'ropclty") which is the subject to, and bound by, the tenns and conditions of chis Agreement is legally de$(ribtd on Exhibit "A" .nacbed hc:rcto tnd made a part hereof by reference. (