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Home My WebLink About2002 03 25 Regular O Add-On CHC Development Co., Inc. Development Agreement 032502 Regualf Add On 0 Amend Agfeement Avery Pafk.doc COMMISSION AGENDA ADD-ON ITEM 0 Consent Information Public Hearing Regular X March 25. 2002 Meeting MGR. P- /Dept. Authorization REQUEST: City Manager requesting the City Commission to authorize the City Manager to execute an amendment to the development agreement with CHC Development Co., Inc. allowing for a change in the distribution of two story units. PURPOSE: This agenda item is needed to correct a mistake in the construction of two story units and to review a request for allowing additional one story units in Avery Park, CONSIDERATIONS: The development agreement between the city and CHC Development Co., Inc, requires the construction of a two story unit on lot 2 of Avery Park in order to be consistent with two story Town Center design standards. . A one story building with a second story bonus room was mistakenly permitted on lot 2 and was well under construction before it was detected. The error resulted from an interpretation by the builder and the building department that a second story bonus room satisfied the requirement in the development agreement for a two-story building. This is not the case. Full two story front elevations were approved based upon models presented during negotiations. The provisions of the agreement were reached only after intensive negotiations in which each party made concessions in order to reach a final agreement. The intent of Town Center development is to create multi story development to conform with Town Center design and increased property values and density of development. 032502 Regualr Add On 0 Amend Agreement Avery Park. doc To cure the situation, Morrison Homes has offered to build a two-story unit on lot 6, which was programmed for a single story building in the agreement. This is a reasonable offer since the city was partially at blame in the misinterpretation. Morrison Homes has also asked that units with second story bonus rooms be allowed to satisfy two story requirements everywhere except on the main entranceway road. Staff is opposed to this request for the same reasons stipulated above. FUNDING: None required. RECOMMENDATION: It is recommended that the City Manager be authorized to execute an amendment to the development agreement with CHC Development Co" Inc. allowing the construction of a single story unit on lot 2 of Avery Park to cure the error, and requiring in lieu there of a two story unit on lot 6 of Avery Park which was previously programmed to be a single story building. It is recommended that the request to allow single story units with second story bonus rooms to satisfy the two-story requirement in the agreement in all areas except the main entranceway road be denied. ATTACHMENTS: COMMISSION ACTION: Wednesday, January 23,200210:04 AM JAH-23-2002 10:0'7 TIo;. IllSlrvmcnl Prep.red at end Rdut" 10: Atllltony A. G8If,AI1tSe. City Attorney ~ CITY OF WINTER. SrtUNOS Brown. Wud, 50Jmmn 01 Wdn.r.A. r 0 Cox 2&13 f..- 0tI3nd0. f'L 32802,2873 r^RCElI.D. NO. SANDY BIERLY 407-6821213 CHC D8JELOPI"ENT 4137 841 1623 P_02/11 -.." V4 t -.. ( . -. ..,. Cl " '* PG . R:t:ucr rn._ CLERK's OJJ3 ~r Iif~ 0911~1 2001750098 RlCo~DlNo FEa :OJ OIISl,~ Pf4 tmCOA/}fD lIY 00 8 eo.h,l' p02 13cHct ^"'" TliI~;., Hw .-Ilns Dalal BINDING DEVELOPMENT AGREEMENT THIS BINDING DEVELOPMENT AGREEMENT, made and clCecuted this /--Y'day of 200 I. by IInd between the CITY OF WINTER SrRINGS, II flotilla municipal eorporndon (.City whose address is 1126 cast State Road 434, Win{er Sprines, FL 32708, and cue DEVELOPMENT CO., INC,. a Florida corporation ("CHC-), whose address is I J I Parle Lake Street. Orlando, FL 32803. WIT N E SSE T H: WHEREAS, CHC is con~ctiQg II housing developmem on real propeny located wkhln the City of Winter Springs, f1orid~ and WHEREAS. the real property is currenlly located whhin lhe City of Winter Springs, however. is currently being pt'oposed 10 be used as "lift of the Town Center site: aIId WHEREAS, the parti(:$ reasonably believo mat the real propeny ImY be rezoned, ill me near future, to Town Center designation in order to ac:c~e the development of the AVERY PARK DEVELOPMENT project, (the "Project"); and WHEREAS, the City Commission bas recommended enlering into a Binding Development A,yeement, ("Agreement''), with CHC for fhe development of the Project; aad WHEREAS. in addition to CHe's compliance with Ill! City Codes, pennitting md ~ion nO( in eonflict her'ein, the City and CKC deslre to set forth dte fullowing special renn.s and conditions. NOW, THEREFORE, in consideatioA ofdle munial promises and covenants contained bereln. me parties mutually asn:e as follows: Section I. RocilaJs, The foregoing rcdtals are hcteby ~ herein by this refcrenc:e. . Section 2, Aufhorily. This Agreanent is Cf\lered info pursuant 10 the Florida Munlclpal Home Rule Powers Act. SeCl/on 3. Subject Property. The real propcny iPropcnyj which is the subject to, and bound by, the terms and COfIditioos of this Aercement is legally dtlscribed on Exhibir "A" atlached hereto Md made a part hereof by rerefelll:e. Wednesday, January 23, 2002 10:04 AM .' JHN-23-~02 10: 137 SANDY BIERLY 407-6821213 CHC DEVELOPMENT p.03 407 841 1623 P.03/11 - , .. PRGE 011J, '~~cT\.L.:jIO(r"ll:~o..tll Section 4. ~Illation$ of CHC CHC hereby represents and ""'''mnlS to City rhat CHC has the power dIld authority to exccute. deliver and perform the terms and provisions of this Agreemcnt and has raken all necessllty acrion to authorize the execution, deliv~ and pl:rfOnllllnce of this A(;feemem. This Agfcc:ment will, when duly executed and delivered by CHC tlnd reC{)rdcd ill the public records of Seminole County. 1-1orid~ constitute a legal. valid and binding obligation enforceable against CHC and /he Propeny in accordance with the terms and conditions of thi~ Agn;cmenl CHC reprc:scnlS it Iw volunwily and willfully executed this Agn:i:meat for purposes of binding the Property to the teons Il11d eondlclons set forth in this Agreement. Section 5. CHC's Obl~tions lIf}d Commitments. In consideration of [he City entering into this Agreement with CHe. CHe voluntarily agrees IS follows: (4) Road Ridlu-of-WII'Y. Road righu-of-way shalf be n01 Jess tJ\8n tbtty-scven feet (47') in width and in coafOf11UOce wiUt all other applicable codes.. Ole wll construct five-foot (5') ~ and fIVe-foot (5') sidewalks rather than tho required su;.foot (6') greenstrips and six-foot (6') sidewalks. All road right$- of-way shaJl be privately owned. (b) Roidanial StructUreS.. . All residential stNctuTes faceted on the entranceway street sball be two (2) stories in height, except Lou 6, 'I, Il, 14, and 16, I9hkh t1UIJ' ~ 0fU (/) s/Qry, All homes located at tho road tl;rminatir,t: points sn./J be two (2) stories in height (lAfr 18. tI1fd 19), A II homes located on comer lots shall be two (2) stories in height (Uns I, 7,8,11, JJ 4Jtd 17). Not leu than fifiy pere.nt (509/e) ofebe remaining residential scructures shall be twO (2) Slorles In he!gbL (0) On-Street l'uicin~ On-SU'eet parlclng on the ~ street shaJl be 1inUtc:d to one (1) side oflhe rood.- All omcr..stm:fS-may havo-parking on both sida of Utc.itreet"prOYided.tlurnlJ""orr-slrecc--- -- u - - . - .- parking shall be allowed On My street within thirty (eet (30') of III intersection, nor within CWUlcy-tive feet (25') of z fire hydnsnt on tm: side ofthe road Jdjxcut to wttietl the file byl!rant i5 located. (d) G~ COIJlffi\Ini!y. The Project may have ~ privacy access gates and perimeter privllcy fencing. A scc;oodM)' lI<<CS5 easement for public Afl!ty vehicles wll be requited. Emeflency vehicle access control 5)l3tems shall be il1Stall~ on /he main llfllnmceway g.e and the secondary emergency ClI3emcnt, if l:4ted. AlIlIi(;C.OSs gates shall blve sidewlllks connecting to the J1'lblie sidewall< system on public SO'cets to whid1 ch.ey c:onne<:t, where a public sidewalk com:J1tJy exi3t~. 2 Wednesday, January 23,200210:04 AM J\-\l'h~.:s-~ 10:07 SANDY BIERLY 407-6821213 CH: DEVELCPI'ENT 407 841 1623 P.04/11 p.04 FILE NUM 2001750098 OR BOOK 0~174 pnGt 0115 (Sroc ^_ n.:.u. r..ll_~ 0...1 (e) F"ncin~. Fencing along Tuscawilla Road shall be see-through decorative wrought iron 01 aluminum rnatero.\ with mlUOClf)' columns and ccrtifi:d 10 meclnll code requuement!i. Additiunal perimeter fencing shall bt' pamitted provided the fence is six feel (6') in height or le~, lInd in CO\l1pliance with all City Code requirements. (f) Weiland Buffer. The twenty-five-foot (25') wetland vegerative buffer requil<cment will be waived m coruidmltion of the: miti~&tion plan pennittcd by the St. Johns River Water Management Distri<;t and 8S herein approved by the City Commission in accon1once with the City's Comprehensive Plan. (g) Ctock. A c10clc tower with I functional clock sh&J/ be located at or near the entrBnc:c: th4t i" vi~ibk: from TlUCawiJla Rood and the design of which shaJI be simillll' \0 a rum-of-the-tQltury village style acceptable to t~ City. Said clock sball be maJntaincd and remain fuUyoperational. (h) Patb. The: land area on the IlOf1h side of the retention pond located south of (he main cntranc:eway road. shall be developed as II passive park including paved walkway OD the north side ofthc lake. park bendJes, gazebo, Slreet lighting. IIlld lMchcaping material suitable 10 the City and consistent with tho design theme of the Project .\ The northern tenlporaJY ending points of the internal streets shall be landscaped to function as mini-parlcs wilb bc:tt~, dQU!)le-bcad sfn:et lights, -and ISDdseape plant mllteriaI which . docs not require irriglltioa and u OCClCptIblc to the City. (i) Utility $lnlcru.res I ~ent. Above ground utility stroctures and cquipmmt such as Jill srations 8Ild back-Oow pccvcutet'$ shall be fully screened with eld1er masonry, .fencing, or dense plant materials so as to not be visible from lIIlY street. (j) l'rcc R~ A me rcpliwmtent program' shaJJ..bc..ilnplemeated to the sadsfacdon of the CIly and in compll&llCO wlth 1M City COde prior 10 lbe Initiation ofdtc consuucdon. ~ion 7. SilCCCSSOf'! and As$~s. This A~teomenl shall IUtomatically be binding upon and shall mure tQ the benefit of lhc successors and assigns of each of the parties. Section 8. Applicabfe Law. This Aj;;reemttlt shall be govccned by and cOO5U'lJed in aceordance with the ~ws of (he Slate of f1orid.t.. 3 Wednesday. January 23,200210:04 AM SANDY BIERLY 407-6821213 p.OS J~-23-2002 10:07 CHe DEVEllJf'l""ENT 4137 841 l623 P. 85/11 rCL~ NUM 2001750098 OR BOOK 04174 ~AGE 011b f~"'t(('1\bOlo'I T~"Lr.tPot~COmJ Amendments. n,is Aglccm::nt suall not be modified or amended except by ",rinen &ction 9_ ;agreement duly execUled by both parlies hereto and approl/ed by!h.. City Commission. Section 10. Entire: A.cre:c:mCll(. This Agreement supersroes any OthLT agreement, oral ur written, and contains the entire agreement between the City and CHC as to the subject matter hereof. Seaion II. SeverabilitY. If allY provision of litis Agreemcnt ~haJJ be held to be invalid or unenforceable to any extent by a COUrt of (om~tent jurisdiccion. the $&me shall not IIffeet in any res~t (he validity or enforceability of the remainder of this Agreement. Section 12. Effective Date. TIlis Agreement shall become effective upon approval by the City of Winter Springs City Commi$Sion and exeeulioo oflhis Agreement by both partics. Section 13. Recordation. This Agreement sball be rewrdcd in the public r~ of S<<l\inole County, Florida, and $hall (1.Il1 witb the land. Section 14. Relatfonshlp of l~ Parties, The rellltionship of the parties to this Agmmenl is contrac;tuaJ and CHC is an in<lt:peQdenl c;ootr~tor llIld not an ~t of the City. Nothing hecein malf be deemed to creale a joint vertture or princlpal-aaent nt14tion$hip ~ cho pmies, and Deith~ patty is lluthoc-iz:cd to. nor ahaU either party act toward third per$ons or the public in any manner whidJ would indicate any such relationship with the other. Section 15. Sovereign Immunity. Nothing contained in this Agreement shall be construed lIS a waiver of the City's right to 'OVerei8D Unmllftiry u'- Soc:tiou 768,28. FIOI'it:h. Sl<<rd~s. Of any other limit4tioo on the City's potential liability under state and fedenl.ll4w. Section 16. <;:'ity's Police Powcr~....oic..grees and acknowledges that the-City..bm:by.resetVes.-all ..' .. -.- -- .----- police powm; granted to Ihe City by law, In no way shall this Agreement be COll$lnied as the City ~ainins away or surrcndoing it~ poljo, powers. , SectIon 17. lateq!feUtion. 'fbl; parties bcrcby agree and acknowledge that lhey have both participated equally in the dtaftiJlg of this ~CDt and no party shall be favored or disfavored regarding the ioterpretation to this Agreement In the event of a dispute betwQCll the panics. Scc600 18. PennitJ. The failure of this AgreecMnt to address any p3rricular City, couney, sute, and fcdCf1J1 pam;t, condilion, lerm., OC" restJictioca shall no( n:licvc CIfC or the City of lbe nttessity of complyinl: with 4 Wednesday, January 23,200210:04 AM J~-23-2002 10:08 SANDY BIERLY 407-6821213 CHC DEUELOPMENT 407 841 1623 P.06/11 p05 FILE NUM 2001750098 OR BOOK 04174 PAGE 0117 (!ipoa< "...." T"" u... f<< '--~ ONj the Il1w governing said pell1litting rcquiremenCl, conditions, term, Of restri<:tion Section 19. 1111rd Pany Rl~ts. This AgreefMTll is nOt 8 third parry beneficiary conuaa and mall nOl in any way whatsOCYer create any rights on behalf of llnY u.icd pat1y. Scctioo 20. Specific Performance. Strict compliance shllll. be required with each and every provision of this A.gr\Wl1enc. The patties agree mal failure to perform che oblieations provided by this Agrumect clu1/1 result in irreparable damage and that specific penDmllll1ce of lhese oblig.uions may be obtained by suit in equity. Section 2J . Attorney's Fees. In cOMection with any arbitration or litigation arising out of chis Agreemenl, the prevailing party shall be cntidcd (0 recover rc:asonabk: attorney's fees and COSTS through all appeals to the extent pamiued by law. Section 22. FUUlte Remni~s I Developmmr Pamits. Nothing heretn shlllllimlr the City's lIuthority to grant or deny any future retoning Ol' development pennit applications or requests subsequent to the cffeaive dlItc of this Agreement. In addition, nothi"8 herein shall be construed 3$ glllllting Of creatiog a vested property ri&bt or inferest in CHC or an !he Propeny. IN WITNESS WHEREOF the panIcs bave bcreunro set their bands and seal on the date first above Wl'"illen. Siened, sealed and delivered ~l.~ Lou- A~", ~e", tPrinl Name of W"rlnaoI) cue DEVEWPMENT CO.. 1Nc.. :~ arl.. . . ........ ........ \, . .. . '(!)" ..,.. . . ..... . .. ~... . .) ....# .. .. "'..! \J ebb(t. (r~re.. (/'rint N.orwl ofWhneu) LUACES ....... 5 Wednesday. January 23, 2002 10:04 AM JI-lN-~.5-&lI1~ 111; W SANDY BIERLY 407-6821213 CI-iC I.JE:Vl::LClf'I"ENT 407 841 1623 P.07/11 p.07 ~rLE NUM 2001750098 OR BOOK 0417~ PAGE 0118 I~ A~qot~ rm L---= FIJI' ~'J.i9f: 0+1-1 NOTARIAL ACKNOWLEDGEMF.Nl' STATE Or- FLt}DA COUNTY OF b.ti "a.g_ The foregoint; instrument was acknowledged before me this I ~day Of~ . -00 J, by CARt. H. CAHILL. a", President ofCHC DtVELOPMENT CO., INC.. a Florida COfl)()rilti<xt.~~fSQfIallY known to me, or ( J who Ius produced as identification. (SEAL) ~;.,~ NOTARY PU8LlC, Slate ofFIQnda My commission expires: F:tDOCSICiry of Wittfu Spri"gIL4gtT._rlO\,{~ry f,.,t [)ov.~ Q)"" ~ Pomria~ fMq I.' 'eO MY CO~, 0Dlf1ll'96 DPillES ~!. May~200S Jf,. _TI1IVfIOfH/llt~N: 6 Wednesday, January 23, 2002 10:04 AM JHN-~.:s-M1<! H':~ SANDY BIERLY 407-6821213 CHe DEVElCPI't:NT 4137 841 1623 P. 138/11 ,. A LoC. '''UI'' C:VU J ";)vv~tj OR BooK 04174 PAGE 0119 p08 ,speor~.n",u_"w..~o.c.J EXHIDrT"A" The real property (ftl'ropcny") which is the .rubj<<t to, and bound by. the trnl1$ and con<Iitions of this Agreement is legally de$(ribed on Exhibit "A n anad1ed hereto and nuldc a part hereof by reference. " ~ Wednesday. January 23, 2002 10:04 AM JHN-':::J-L\:J\:t,::: llCl; U:l SANDY BIERLY 407-6821213 LHC lltvELOPMENT ~B7 841 1623 p.e9/11 p.09 Mf<f!YANN(~, ClERI< OF CIRCUn caJRT ~INOlE COOOY BK 04174 PG 0120 CLERK'S ~ 2001750099 BINDING DEVELOPMENT AGR~un912OO1 01:51:~ Pf4 (A d t # "I") -lmWJ1f1G'" ffiS IS. 00 men men RECoROED BY S COltnty THIS BINDING AGREEMENT. made and executed thisgfL.f,ty of 001 by and bcoHen the CITY OF WINTER SPRINGS, It Florida Municipal Co ration ("City") whose address is 1126 East State Road 434, Winter Springs, Florida 32708, and CRe DEVELOPMENT CO., INC., a Florida Corporation ("CHC") whose address i3131 Park Lake Street, Orlando, Florida 32803. HEREAS, CHC entered iutq It Binding Agreement with the City of Winter Springs -J 2001 to co ns tmct a residential community io Winter Springs, Florida Town er known as Avery ~~ a~ WHEREAS, SectioD 50) or the aforementioned agreement provides tbat sa tyee replacement program shall"" implemeated to tbe satisfaction of the City Ilnd in compliance with the City Arbor O.-dinance, Chapter 5 oftbe City COde, (Arbor Ordinanu), aad WHEREAS, tbe City Code provides eonsiderable discretion in formulating a tree replacement prognun, and WHEREAS, the City staff bas developed strategies the staff believes will provide approprjate consideration for~Q'ervatioD areas dedicated involuntanly and voluntarily to the pub~ by the devdoper as further defined herein, so as to provide IIn int:eutive on tbe part of the develope{' fo dedicate lands for conservatiOD to the public, 2nd 2 higher quality of plant matemls in development, and WHEREAS, the City Conunissioa desires this Tree Replacement Program for Avery W=ds to be reviewed aDd :approved by tbe Commission in a Development Agreement. !7JA J( <!./~ ' . . NOW, THEREFORE, in consideration of the mutual provisions and covenanl$ contained herein, the parties matually agree 8S follow~: Section 1. Supplemental A2reement. Thill Agreement is adopted pursuant to Section SO) of the Biuding Development Agrcemeut betwccn CHe Developmeut Co., lnc:.., a Florida ~...~oa 'ad~ '..,-ell]> .r WiD....~Si"..;,g,;-ii Florid. maaidpaJ <Drpa...<<oa, dated ~ ("Original Binding Devefopmeut Agreement"). This Agreement shall be deemed in ddi 10D to and $upplemeutaJ to tbe Original Binding Development Agreement. Section 2_ DefrnitioJU. The following words shall mwe tbe meaning ascribed below unless the context clearly indicates otherwise: l'lIgc I of J Weonesoay, January 23, 2002 10:04 AM SANDY B/ERL Y 407-6821213 p.10 JHN-~-GI:J\:k:' H.l'I:jtj UiC VEVELOPMENT 407 841 1623 p _ U3/11 rILe NUM 2001750099 OR BOOH 04174 PAGE 0)2) ,. (a) City Arbor Ordinance. City Arbor Ordinance shall mean Chapter 5 ofth~ City Code of OrdinllDees otherwise known u the City Arbor OnfiD2Dce. (b) Preferred Plant List. Preferred rlant List shall mean that list ofpJant materials llnd corresponding Tree Replacement Credits shown In Exhibit "A" of this agreement. (c) Tree Rep~cement Assessment. Tree Replacement Assessment sball meaD tbe total amount of monetary compensation owed to the City ofWioter Springs as provided in the Arbor Ordinance for the replacement of trees cut. destroyed, Or removed from a property in the City as II result of development or redevelopment. (d) Tree Rep~ement Credit Tree Replacement Credit sball be equal to ODe- hundred (S100.00) dollars and no c~nts in tree n:pLacement value. Section 3. Arbor Ordinance Requirement In consideration of trees which shall be cut, removed or destroyed from the properly known as Avery Woods by CHe or its agent, cae shall replace trees or monetarily compensate the City as provided iu the Arbor Ordinutce lIccording to the Tr<< Replacement .A$sessment established by the City. Section 4. T...~ Replac~t Credit CHC may deduct from their Tree Replacement AssC$Sment. Tree Replacement Credits based on tbe number of replacement credit! as provided in the Preferred Plant MateriaJ Lut, (Exhibit If A ") to this Agfte~t provided tldt: (i) All pbnt materials are Florida Grades and Standard ODe (I) or better; IInd (ii) AU plaut materials art propuly installed; and (iii) ; -':he landscape plan for the proposed development to whiclJ the credits are to be applied is prepared by a landsc.ape arehitect licensed by the State of Florida. IN WITNESS WHEREOF, the parties have hereunto sct 'heir hands and seal OD tbedllte fint written above. Signed, sealed and delivered in fire presence of ~-~Wtwt-u ~ ~ A.t'V\. Wool er'\ (Print Name ofWitftess' CUC DEVELOPMENT CO.. INC., a Florida Corporation, ~~d~ ill c.J#:l.t1.A C. LAnlLtVUf (Prine N...., o(Witn"u' BY~P C III Its PnlSi~nt Page 2 of J Wednesday, January 23,200210:04 AM JHN-c-5-~ 111:\1':1 SANDY BIERLY 407-6821213 CHC DEVELOPMENT 407 841 1623 P.ll/ll FILE NUM 2001750099 OR BOOK 04174 PAGE 0122 p.11 CITY OF. WINTER SPRlNGS, a Florida ~~X.i,=~aJ C~~r-ation, '." ," .~. . '" A TrEST: .';By: (: . 'Co By: - . . . .. ~. . -' v . t'I . _ . . . .". _ _ '. '.).( '. . Sr-.... ._.' "0\., .... STATE OF FLORIDA COUNTY OF ORANGE The foregoing instrument was acknowledged before me this .tl..~daY of CL ~.JI...J1 - 200 I, by CARL H. CAHILL. -as President ofCHC DEVELOPMENT CO., INC" a Flori~on, ~ who is Jle!sona11y known to me, or r] who has produced as identification, ""'- AI8<:odmcal A n:ry P.rl<.4IM NOT AR Y PUBLIC, State of Florida mmi,,;oncxpi=: R..~ Q)'?'.i PomoI:r R. Hv\e {.: MY~, UlOllfl'6 DPIm May 4 200S IOIclIElI '*' lIOl' IMIIllIIWC:lIC<: Pase J of 3 TOTAl P. 11