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HomeMy WebLinkAboutBarclay Woods II, LLC Town Center Phase 1 Site Development Permit Agreement -2005 05 10 THIS INSTRUMENT WAS PREPARED BY AND SHOULD BE RETURNED TO: Anthony A. Garganese City Attorney of Winter Springs Brown, Garganese, Weiss & D'Agresta, P.A. 225 E. Robinson St., Suite A660 Orlando, FL 32801 (407) 425-9566 MARYANNE MORSE, CLERK OF CIRCUIT COURT S:EMINOLE COUNTY BK 05735 PGS 0422-0430 CLERK'S # 2005084465 RECORDED OS/20/2005 04:33:14 P" RECORDING FEES 78.00 RECORDED BY G Harford FOR RECORDING DEPARTMENT USE ONLY TOWN CENTER PHASE I SITE DEVELOPMENT PERMIT AGREEMENT THIS TOWN CENTER PHASE I SITE DEVELOPMENT PERMIT AGREEMENT (the "Permit") is issued by the CITY OF WINTER SPRINGS, a Florida Municipal Corporation (the "City"), whose address is 1126 East S.R. 434, Winter Springs, Florida 32708, and agreed to by BARCLAY WOODS II, LLC.., a Florida limited liability company ("Barclay Woods"), whose address is 1085 W. Morse Blvd., Suite A, Winter Park, 32789, on this 10th day of May, 2005. WITNESSETH: WHEREAS, Barclay Woods and the City previously entered into a binding Pre- Annexation Developer's Agreement dated February 28, 2004 and recorded March 10, 2005 in Official Records Book 05643, Pages 1555-1571 of the Public Records of Seminole County, Florida (the "Developer's Agreement"), relating to certain real property located in Seminole County, Florida and more particularly described therein and in Exhibit "A" (the "Property"); and WHEREAS, in accordance with the Developer's Agreement, Barclay Woods has submitted final engineering plans and other site development data and information to develop the Property which are currently being reviewed by the City for final approval; and WHEREAS, pending final engineering approval, Barclay Woods has requested that the City permit preliminary site development work consistent with the submitted final engineering plans; and WHEREAS, although the final engineering plans have not been finalized and approved by the City, said plans and the site development data and information submitted to-date are sufficient enough for the City to issue a Phase I site development permit in order to allow Barclay Woods to perform a limited scope of preliminary site development work in advance of final engineering approval under the terms and conditions stated herein; and WHEREAS, substantial land clearing and restoration of the Property is specifically contemplated and required by the City's Town Center policies and code in order permit dense Town Center Phase I Site Development Permit Agreement City of Winter Springs and Barclay Woods II, LLC - I - 0909536\104086\840970\1 development and a neo-traditional scheme of new tree canopied streets and planned green spaces; and WHEREAS, in furtherance of this request, the City desires to permit a limited scope of Phase I site development work under the terms and conditions stated herein and agreed to by Barclay Woods; and NOW THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties mutually agree to the terms and conditions set forth under this Permit as follows: 1.0 Recitals. The foregoing recitals are true and correct and are hereby fully incorporated herein by this reference. 2.0 Scone of Work. The scope of this Permit is limited to the following preliminary site development work on the Property: 2.1 Demolition. buildings and structures. The demolition and removal of any existing 2.2 Removal of Vegetation. The removal of any existing trees, stumps and other vegetation which will not be preserved on the Property. 2.3 Removal of Muck. The removal of any existing muck. 2.4 Dewatering. The dewatering of any existing surface andlor ground water. 2.5 Grading/fllling. The grading and filling of the Property ill furtherance of the planned development. 2.6 Removal of Septic Tanks. The removal of any existing septic tanks and drainage fields. 2.7 Closing Wells. The closing of any existing water wells. All preliminary site development work shall be performed and completed within one hundred and twenty (120) calendar days of the Effective Date of this Permit and in accordance with all applicable local, state, and federal laws, regulations, and permits. The completion date may be reasonably extended by the City Commission upon good cause shown. Any site development work not specifically authorized hereunder is hereby strictly prohibited. Barclay Woods shall be required to obtain other City permits required to implement the work authorized by this Agreement including, but not limited to, demolition and arbor permits. During the term of this Permit, the City and its agents shall have the unconditional right of entry onto the Property to conduct inspections to determine compliance with the terms and conditions of this Permit. Town Center Phase I Site Development Permit Agreement City of Winter Springs and Barclay Woods II, LLC -2- 0909536\104086\840970\1 3.0 Condition Precedents to Commencement of Work. Prior to commencing the work set forth in section 2.0, the following documents shall be submitted by Barclay Woods to the City in a form acceptable to the City: 3.1 Sketch Plan. A sketch plan depicting the preliminary site development work authorized under section 2.0 and a stabilized construction entrance. 3.2 Construction Vehicle Routing Plan. A construction vehicle routing plan which is designed to provide for a safe and convenient route for construction vehicles and equipment to go to and from the Property. Said plan is subject to modification by the City Manager in order to safeguard persons and property. 3.3 Other Government Agency Permits. A copy of any and all required permits issued by any other government agency including, but not limited to, a St. John River Water Management District Incidental Work Permit and a Seminole County Health Department Septic Tank and Drainage Removal Permit. 3.4 Engineer Certifications. A written certification from the appropriate project engineer or consultant documenting that the work authorized under section 2.0 is in compliance with applicable environmental laws including, but not limited to, laws applicable to endangered or threatened species, artesian water wells, hazardous materials, and historical artifacts. Barclay Woods shall have the duty to keep updated and current plans, permits, and certifications on file with the City during the term of this Permit. This Permit shall not become effective until such time as the City receives and approves the documents required by this section. 4.0 Permit Fee. Upon issuance of this Permit, Barclay Woods shall pay a permit fee equal to one percent (1 %) of the estimated construction value of the work authorized by section 2.0. 5.0 Default: Restoration of Property. The City reserves the right to revoke or suspend this Permit if the City determines that Barclay Woods is not in compliance with the terms and conditions of this Permit. Prior to revoking or suspending the Permit, the City will provide Barclay Woods with written notice identifying any default of the Permit terms and conditions. Upon receipt of the notice of default, Barclay Woods shall have five (5) days to cure the default to the City's satisfaction unless additional time is granted by the City Manager. If Barclay Woods fails to cure the default, the City shall have the right to revoke or suspend this Permit. If the City suspends or revokes the Permit, Barclay Woods shall immediately secure and restore the Property to a safe condition to the City's satisfaction so that the Property does not become a public nuisance or a health and safety hazard. At the City's discretion, restoration may include, but not be limited to, removal of debris and vegetation, grading of the Property, mulching, seeding, erecting sand barriers, fencing, and other activities to stabilize the Property from erosion. If Barclay Woods fails to properly restore the Property within a reasonable period of time, the City shall have the right to make claim to and use the Phase I Security to complete the restoration. In the event the amount of the Phase I Security is not sufficient to cover the City's expenses to restore the Property, Barclay Woods agrees, upon written notice by the City, to Town Center Phase I Site Development Permit Agreement City of Winter Springs and Barclay Woods II, LLC -3- 0909536\104086\840970\1 reimburse the City for any incurred expenses not covered by the Phase I Security. If Barclay Woods fails to fully reimburse the City, the City shall have the right to record, with the Seminole County Clerk ofthe Court, an assessment lien on the Property for any un-reimbursed expenses. 6.0 Security. Upon issuance of this Permit, Barclay Woods shall post a performance bond, irrevocable letter of credit, or escrow deposit with the City in the amount of Fifty Thousand and No/IOO Dollars ($50,000.00) guaranteeing that the work authorized and required by this Permit is performed and completed in full compliance with any and all terms and conditions of this Permit (''Phase I Security"). If the Phase I Security is a bond or irrevocable letter or credit, it shall be issued by a company and in a form deemed acceptable by the City Manager and City Attorney. Upon approval of the final engineering plans and issuance of the Phase II development permit for the Property, Barclay Woods shall post a performance bond, irrevocable letter of credit, or escrow deposit with the City guaranteeing the completion of the public infrastructure required for the Property to the City's satisfaction (''Phase II Security"). The amount of the Phase II Security shall be determined by the City based on Barclay Woods's engineers certifying to the City the estimated cost of said public infrastructure. If the Phase II Security is a bond or irrevocable letter of credit, it shall be issued by a company and in a form acceptable to the City Manager and City Attorney. Upon the City's receipt of the Phase II Security, the City shall release the Phase I Security. 7.0 Indemnity, Release, Hold Harmless. Barclay Woods hereby agrees to indemnify, release, and hold harmless the City and its commissioners, employees, and attorneys from and against all claims, losses, damages, personal injuries (including, but not limited to death), or liability (including reasonable attorneys fees and costs through all appellate proceedings), directly or indirectly arising from, out of, or caused by: (1) the risk identified in section 8.0 of this Permit; and (2) any work performed under this Permit including, but not limited to any and all acts and omissions of Barclay Woods and their contractors. 8.0 Representations and Warranties. Barclay Woods represents and warrants that the work authorized by this Permit is being performed with the knowledge and understanding that said work is being done prior to final engineering approval by the City and that final engineering approval may be denied by the City or result in additional site development not contemplated by this Permit. Barclay Woods agrees that they are assuming the full and complete risk that final engineering may be denied by the City or additional site development work may be required and may include a modification of the work performed under this Permit. 9.0 No City Representation and Warranties. Barclay Woods acknowledges and agrees that although this Permit indicates that the City is considering final engineering approval for the Property, the City in no way represents or warrants that the City has approved or will approve said plans. 10.0 Prior Consent Required for Transfer of Permit. This Permit transferable or assignable without the prior consent ofthe City Commission. IS not 11.0 Applicable Law. This Addendum shall be governed by and construed In accordance with the laws of the State of Florida. Town Center Phase I Site Development Permit Agreement City of Winter Springs and Barc]ay Woods II, LLC -4- 0909536\] 04086\840970\1 12.0 Amendments. This Permit shall not be modified or amended except by written agreement du1y executed by both parties hereto and approved by the City Commission. 13.0 Entire Permit Al!reement. This Permit is issued in furtherance of the Development Agreement. However, this Permit supersedes any other agreement, oral or written, and contains the entire agreement between the City and Barclay Woods as to the specific work authorized under section 2.0 of this Permit. Any provision of the Development Agreement not in conflict with this Permit shall remain in full force and effect. 14.0 Severability. If any provision of this Permit shall be held to be invalid or unenforceable to any extent by a court of competent jurisdiction, the City has the unconditional right to declare this Permit nu11 and void and require that the work authorized by section 2 be immediately stopped. 15.0 Effective Date. This Permit shall become effective upon approval by the City Commission, execution of this Permit by all parties hereto, and the completion of the conditions precedent set forth in section 3.0 of this Permit ("Effective Date"). 14.0 Relationship of the Parties. The relationship of the parties to this Permit is contractual and Barclay Woods is 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. 15.0 Sovereil!n Immunitv. Nothing contained in this Addendum 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 the state and federal law. 16.0 City's Police Power. Barclay Woods agrees and acknowledges that the City hereby reserves all police powers granted to the City by law, particu1arly with respect to whether or not the City Commission will, in its absolute discretion, approve the final engineering plans for the Property. In no way shall this Permit be construed as the City bargaining away or surrendering its police powers. 17.0 Third-Partv Ril!hts. This Permit is not a third-party beneficiary contract and shall not in any way whatsoever create any rights on behalf of any third party. 18.0 Attorney's Fees. Shou1d the City take any action to enforce this Permit Barclay Woods agrees that the City shall have the right to collect reasonable prevailing party attorney's fees and costs, through all appellate proceedings, in connection with said enforcement. 19.0 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 Permit. The failure of this Permit to address any particular City, County, State and/or Federal permit, condition, term or restriction shall not relieve Barclay Woods of the necessity of complying with the law governing said permitting requirement, condition, term or restriction. Town Center Phase I Site Development Permit Agreement City of Winter Springs and Barclay Woods II, LLC -5- 0909536\104086\840970\1 Without imposing any limitation on the City's police powers, the City reserves the right to withhold, suspend, or terminate any and all other permits for the Property until such time the work authorized under this Permit has been completed to the full satisfaction of the City. [SIGNATURE BLOCKS BEGIN ON NEXT PAGEl Town Center Phase I Site Development Permit Agreement City of Winter Springs and Barclay Woods II. LLC - 6- 0909536\104086\840970\1 IN WITNESS WHEREOF, the parties have hereunto set their hands and seal on the date first above written. CITY OF WINTER SPRINGS 7)~ / APPROVED AS TO FORM AND LEGALITY For the use and reliance of the City of Winter Springs, Florida only. CITY SEAL Date: G ganese, City Attorney for the . ter Springs, Florida STATE OF FLORIDA COUNTY OF SEMINOLE Personally appeared before me, the undersigned authority, John F. Bush and Andrea Lorenzo Luaces, well known to me to be the Mayor and City Clerk respectively, of the City of Winter Springs, Florida, and acknowledged before me that they executed the foregoing instrument on behalf of the City of Winter Springs, as its true act and deed, and that they were duly authorized to do so. Witness my hand and official seal this 9""- day of Ma..1 dUM/ /~thtUJ Notary Public My commission expires: , 2005. (NOTARY SEAL) ~, Debra C. Franklin \ 'Y': ; My Commiasion 00282171 .. ",' Expires FebruaIy 22. 2001 Town Center Phase I Site Development Permit Agreement City of Winter Springs and Barclay Woods II, U.C -7 - 0909536\104086\840970\ 1 ~~ BARCLAY WOODS D, LLC, a Florida limited liability company -,~(1 ;J) By: /lI;.v c(v-- /"- V Thomas Corkery, Man Date: -.5-- 9- 05- StAtEOPFLORIDA . COUNTY OF S ~'Y\LV\.O 10 The foregoing instrument was acknowledged before me this ~ day of JtA..tt ~ ' 2005, by Thomas Corkery, as managing partner Qf BARCLAY WOODS D, LLC, a F nda limited liability company. He is (perso:nal!V kriown to me or has produced (NOTARY SEAL) as identifiCali6~ ~ (Nota~blic Signature) r-. i..J. eJiJrtz. rr Ct..A/11. { /'1"'1 (print Name) Notary Public, State of Commission No.: My Commission Expires: Ij' Debra C. Franklin .~. . My Commillion DD282971 '0,,..'/ Expires February 22, 2008 0909536\1 M0!l6\840970\1 T{)WJ1 Center Phase I Site Development Permit Agreement City of Winter Springs and Barclay Woods II, LLC - 8- EXHIBIT" A " Legal Description Parcell: Lot 15, Block B, D.R. MITCHELL'S SURVEY OF THE LEVY GRANT, as recorded in Plat Book 1, Page 5, of the Public Records of Seminole County, Florida. Parcel 2: Lot 16, Block B, D.R. MITCHELL'S SURVEY OF THE LEVY GRANT, as recorded in Plat Book 1, Page 5, ofthe Public Records of Seminole County, Florida.