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Home My WebLink About2011 11 14 Public Hearings 501 Settlement Agreement COMMISSION AGENDA Informational Consent ITEM501 Public Hearings X Regular November 14, 2011KS Regular MeetingCity ManagerDepartment REQUEST: The City Attorney is requesting the City Commission's consideration of a Settlement Agreement in the case Atlantic Housing Partners L.L.L.P., a Florida Limited Liability Partnership et. al. v. City of Winter Springs CASE NO. 6:10-CV-01905-MSS-DAB In and Before the Federal District Court in Orlando, Florida, and CASE NO. 10-57-AP In and Before The Circuit Court of Seminole County, Florida SYNOPSIS: The City was required by the Federal District Court to attend binding mediation in the case Atlantic Housing Partners L.L.L.P., a Florida Limited Liability Partnership et. al. v. City of Winter Springs CASE NO. 6:10-CV-01905-MSS-DAB In and Before the Federal District Court in Orlando, Florida, and CASE NO. 10-57-AP In and Before The Circuit Court of Seminole County, Florida. During the mediation process, the Parties discussed a possible settlement. A tentative Settlement Agreement may have been reached which requires final City Commission consideration by November 14, 2011. The terms and conditions of the Settlement Agreement are being finalized and are expected to be distributed to the City Commission and the public by Friday, November 11, 2011. CONSIDERATIONS: 1.The Plaintiffs filed a lawsuit in State and Federal Court alleging the City violated state law and the Federal Fair Housing Act when the City denied the Plaintiff's application for a multi-family housing project in the Town Center. 2.The Plaintiffs are seeking injunctive relief, reversal of the City's decision, and damages in excess of $7,000,000. 3.The City attended mediation per the direction of the Federal Court. 4.A tentative Settlement Agreement may have been reached during the mediation Public Hearings 501 PAGE 1 OF 2 - November 14, 2011 process which requires final Commission consideration. 5.The terms and conditions of the Settlement Agreement are being finalized and are expected to be distributed to the City Commission and the public by Friday, November 11, 2011. FISCAL IMPACT: The fiscal impact will be identified in the Settlement Agreement which will be provided by Friday, November 11, 2011. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney/Staff, and is available on the City’s Website, LaserFiche, and the City’s Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City’s Website, LaserFiche, and the City’s Server; has been sent to applicable City Staff, eAlert/eCitizen Recipients, Media/Press Representatives who have requested Agendas/Agenda Item information, Homeowner’s Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: The City Attorney recommends that the City Commission consider the proposed Settlement Agreement and take whatever action deemed appropriate. ATTACHMENTS: 1. Settlement Agreement (to be provided by November 11, 2011) Public Hearings 501 PAGE 2 OF 2 - November 14, 2011 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION CASE NO. 6:10 -CV- 01905- MSS -DAB Atlantic Housing Partners L.L.L.P., a Florida Limited Liability Partnership; Town Parke, Ltd., A Florida Limited Partnership; CPG Construction, L.L.L.P, a Florida Limited Liability Partnership; Global Realty Company, L.L.L.P., a Florida Limited Liability Partnership; Concord Management, Ltd., a Florida Limited Partnership, Plaintiffs, V. City of Winter Springs, Florida, a political subdivision of the State of Florida, Defendant. IN THE CIRCUIT COURT OF THE EIGHTEENTH JUDICIAL CIRCUIT IN AND FOR SEMINOLE COUNTY, FLORIDA CASE NO: 10 -57 -AP Atlantic Housing Partners L.L.L.P., a Florida Limited Liability Partnership, Petitioner, V. City of Winter Springs, Florida, a political subdivision of the State of Florida, Respondent. Draft 11.10.11 Outline of Settlement Terms and Conditions. If the following outline of settlement terms and conditions are approved by the City Commission and Plaintiffs at the November 14, 2011 City Commission meeting, the parties will promptly incorporate them into a formal binding settlement agreement to be executed by the parties: a. Site for Development The Plaintiffs acknowledge the City Commission's position in this Litigation regarding the application and enforcement of the Town Center Comprehensive Plan provisions, particularly Future Land Use Element, Policy 2.3.3, which requires that all proposed development projects within the Town Center optimally increase and diversify the City's tax base and economic well- being. In acknowledgement of the City Commission's position, Plaintiffs agree to amicably resolve the Litigation by foregoing the proposed Town Center development project now and in the future on the condition that the City of Winter Springs hereby agrees with Plaintiffs request to expeditiously approve a different multi - family project located generally at the intersection of S.R. 434 and Moss Road and with a Parcel ID of [Parcel ID] . The Moss Road development is currently to be called The Fountains at Moss Park (which may be changed at Plaintiffs' sole discretion)( "Moss Road Site "). The parties acknowledge that the Moss Road Site was previously approved by the City Commission for an 84 unit multi - family development in accordance with a series of development permit approvals in 2004 and 2006 ( "Saratoga Project "). However, the parties further acknowledge that although the previous developer commenced construction of the Draft 11.10.11 2 site infrastructure for the Saratoga Project, the Saratoga Project was abandoned and the infrastructure is not in use. To the extent maximally feasible, Plaintiffs and the City desire to make use of the existing site infrastructure constructed for the Saratoga Project for the economic benefit of each other's interests under the terms and conditions stated herein. b. Aesthetic Review Package Approval for The Fountains at Moss Park The City Commission hereby approves the Aesthetic Review Package attached hereto and fully incorporated herein as EXHIBIT "A." Final permits for the Moss Road Site shall be subject to the expedited permit approval process set forth in paragraph c. C. Expedited Final Permitting Process. i. After approval of The Fountains at Moss Park Aesthetic Review Package by the Winter Springs City Commission, the remaining City permits and approvals required by City Code for The Fountains at Moss Park project shall be subject only to administrative approvals by the City's Manager, City Engineer, and Building Official. Such approvals include, but are not limited to, final engineering plans and building permits with such approvals not to be unreasonably withheld. ii. The time period for the City of Winter Springs to review any submittals for construction of any improvements for The Fountains at Moss Park shall be a maximum of ten (10) business days from the date that the submittals are received by the City. If any provision in a submittal is not consistent with the Winter Springs Draft 11.10.11 3 Comprehensive Plan, Land Development Regulations or City codes and ordinances or is incomplete per the requirements of applicable law, the City will provide written notice to the Plaintiffs identifying the inconsistency and /or incompleteness and the information required to correct the deficient submittal. Plaintiffs will then correct the inconsistency and /or incompleteness and resubmit the required information as soon as practicable. Upon receipt of the required information, the City will have an additional ten (10) business days for the review of the resubmittal effective from the date that the resubmittal was received by the City. This paragraph does not apply to any inconsistencies specifically allowed by this settlement agreement. In furtherance of Plaintiffs completing the permitting process for The Fountains at Moss Park project agreed to under the settlement agreement, the City of Winter Springs shall execute any complete permit applications required by any other governmental agency which is submitted by Plaintiffs requiring City signature (i.e. FDEP sewer permits). The City agrees to sign any such completed application within ten (10) business days following the date that the City received the completed application for signature. In the event that the City determines that the application is incomplete, the City shall notify Plaintiffs of any incompleteness within five (5) days of submittal of the permit application(s) and Plaintiffs will properly complete the application and resubmit it to the City for signature. Draft 11.10.11 4 iii. The City of Winter Springs shall provide cooperation and technical assistance in securing any easements required for development. iv. Notwithstanding the aforesaid in this Paragraph c., Plaintiffs acknowledge that the City currently contracts with Seminole County for fire services and relies on Seminole County for the review and approval of development plans related to compliance with the Florida Fire Protection Code and Life Safety Code. Therefore, Plaintiffs agree that the aforementioned time frames are not applicable to Seminole County and that the City shall not be held responsible for Seminole County failing to meet said time frames. d. Si2nne i. City of Winter Springs shall allow an additional Project Entry Icon (tower) for The Fountains at Moss Park, adjacent to the S.R. 434 now. on property contiguous to The Fountains at Moss Park property, as identified in The Fountains at Moss Park Aesthetic Review Package submitted for approval. Plaintiffs shall provide a properly executed and recorded easement confirming the private easement agreement with the adjoining property owner. Such Project Entry Icon (tower) shall be subject to City of Winter Springs codes and ordinances except off -site signage which is hereby waived. Further, the Project Entry Icon shall also be constructed to also accommodate the future development of the commercial frontage parcel along S.R. 434. Draft 11.10.11 5 e. On -site Landscape Design; Moss Road Landscape Proiect. i. The Plaintiffs agree that the on -site landscape plan shall comply with the City's applicable landscape and arbor code and shall be in substantial accordance with the landscape plans previously approved by the City Commission for the abandoned Saratoga Project. Additionally, in the event the Plaintiffs wish reasonably to modify these plans (such as but not limited to shifting landscape islands), the City Manager is authorized reasonably to review and approve such changes in order to accommodate Plaintiffs' landscape plan with such approvals not to be unreasonably withheld. ii. In addition to the on -site landscape plan, Plaintiffs desire to beautify the surrounding community and add value to The Fountains at Moss Park project by providing and installing, at its own cost, native canopy trees in the City's rights -of -way on both sides of Moss Road from SR 434 to SR 419 and to install additional trees at the entrance of the project all in substantial accordance with the terms and conditions set forth in City Commission Agenda Item 409 which was previously approved by the City Commission on September 14, 2006. A copy of the Agenda Item is attached hereto and fully incorporated herein as EXHIBIT `B." However, the City shall be responsible for obtaining any R.O.W. and easements necessary for such plantings and for any relocation of existing facilities /utilities reasonably Draft 11.10.11 6 necessary to complete the installation. The City agrees to be responsible for and maintenance at its own cost of such plantings once installed in a workman like manner. E Certificate of Occupancies. City of Winter Springs agrees to provide Certificates of Occupancy, on a per - building basis, as the individual buildings are completed. Issuance of Certificates of Occupancy are subject to utilities and parking being available to the unit and no hazardous conditions which impact the building granted a Certificate of Occupancy, approval of which will not be unreasonably withheld. g. Permit, Impact and Connection Fees for Development i. The parties acknowledge and agree that Plaintiffs will be required to pay normal City and County impact, connection, plan review and permit fees as applicable to permit construction. Plaintiffs will make such payments by wire transfer or other cleared funds (e.g. bank issued check or money order). ii. In settlement of the Litigation, the City agrees to pay to Plaintiffs in installments an amount equal to the amounts Plaintiffs pay to City in paragraph g(1) above with the City's payments to be made within two (2) business days of any wire transfer /cleared funds payment made by Plaintiffs. h. Request for transfer of LIHTC Allocation: Within two (2) days of the City Commission approving The Fountains at Moss Park Aesthetic Review Package, the City will submit a written request to Florida Housing Finance Draft 11.10.11 7 Corporation (FHFC) for the transfer of the Town Park Housing LIHTC allocation to The Fountains at Moss Park property. i. Police Officer The Plaintiffs and the City agree to jointly work together in good faith to request that the Florida Housing Finance Corporation (FHFC) approve the dedication of one no less than two - bedroom unit of the development to an on -site Winter Springs police officer's residence. Should FHFC not approve dedication of one unit to a police officer's residence, then such refusal shall NOT be grounds for avoidance of this settlement rather this term shall simply become a nullity. The on -site police officer shall live at the site for the same affordable rate as other qualifying affordable rate residents in a like -kind unit without respect to that officer's income qualification for same unit. In the even that no Winter Springs officer chooses to use such apartment, then Plaintiffs may allocate the apartment as they reasonably see fit. j. Support of 55 Plus Resident The Plaintiffs agree to provide discounts and financial incentives (in amount set in their sole and reasonable discretion) to elderly residents (defined as 55 plus) and further agree to provide early and on- going marketing to elderly residents. There is, however, no requirement that The Fountains at Moss Park be restricted to residents that have at least one resident that is 55 or older and to prohibit residents that are under 18 years of age. The Fountains at Moss Park will not be an age restricted community. k. Gated Community and Management The Plaintiffs agree that The Fountains at Moss Park shall be a gated community with property management that is reasonably the same as that site management that the Plaintiffs provide at their other communities. The gate will be maintained in good working order and Draft 11.10.11 8 shall be operational at all times, but is only required to be closed for site security purposes at a minimum between dusk to dawn. 1. Good Corporate Citizens The Plaintiffs, or those acting on their behalf, agree and pledge to be good corporate citizens of the City of Winter Springs and support Winter Springs' community activities, In furtherance of this pledge, Plaintiffs agree that among them, at least one of them will, upon request by the City or upon their own initiative, be an annual financial sponsor of at least one signature, annual City special event such as the 4 of July Celebration, Hometown Harvest, Holiday Parade, or Spring Event. Prior to the Plaintiffs committing to sponsor a particular event, the City will provide the Plaintiffs with a list of sponsorship levels and opportunities to select from that are generally available to all potential corporate sponsors. While Plaintiffs intend to be good corporate citizens indefinitely, the requirement for this sponsorship shall sunset in ten years at which point such sponsorship requirement may continue but will not be mandatory. M. Lot Split The City Commission approves the lot split of the subject parcel between the commercial and residential zoned sections. The technical details of the lot split shall be overseen and approved by the City Manager in accordance with City Code requirements, with the lot split not required to be made prior to the issuance of building permits but only required prior to the issuance of Certificates of Occupancy. Upon approval of the technical lot split requirements by the City Manager, the City Commission will ratify the lot split by resolution per the City Code and the resolution shall be recorded in the Official Records of Seminole County, Florida. Draft 11.10.11 9 n. Dismissal of the Litigation Plaintiffs agree to dismiss the State Court (Case No. 10- 57 -AP) and Federal Court (Case No. 6:10 -CV- 01905 - MSS -DAB) Litigation with prejudice contingent upon the following conditions: (1) final approval of The Fountains at Moss Park by the City of Winter Springs as contemplated herein; (2) reimbursement of the City impact, connection, plan review and permit fees as outlined above; and (3) approval by FHFC of the request to transfer the Town Park Housing Credit allocation to The Fountains at Moss Park property. If any of these conditions do not occur for any reason whatsoever, Plaintiffs will not dismiss the Litigation with prejudice and such litigation may proceed unaffected. Upon execution of the settlement agreement, Plaintiffs and the City shall immediately notify the State and Federal Court that a conditional settlement agreement has been reached and request that the Courts stay any further action in the cases until such time that Plaintiffs file a dismissal with prejudice or the parties notify the Courts that the Litigation must continue because the conditions of dismissal stated in the settlement agreement were not satisfied. The details of effectuating the purposes of such stay and the manner in which it is achieved (including through a vehicle other than a stay), may be reasonably dealt with by the attorneys for the parties. o. Mutual Releases; No Liability. Upon dismissal of the Litigation as outlined above, each party shall release and hold harmless the other (inclusive of all principals, employees, attorneys, elected and appointed officials) from the beginning of time through the date of dismissal, including a release of all liabilities and claims that were raised in the Litigation or which could have been raised including, by way or example and not limitation, through a counter claim(s) Draft 11.10.11 10 by defendant, with the parties bearing their own legal fees, costs, expert fees and the like. In addition, neither party admits any wrongdoing in connection with the settlement of this Litigation. Plaintiffs and the City, without admitting liability or fault, mutually agree to settle the Litigation because each has decided settlement is in their best interest, given the expense and burden of continued litigation. 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LAN 11 STANDING SEAM METAL, OR EQUAL COLOR - SILVER - PA VOHIIE TAN 5W 6137 NAVAJO WHITE SW 6129 �WHITC VINYL ff K 111111 1 all 1J� EAST ELEVATION UNION ADVAHTAOE- LOR II STANDING SCAM MLTAL. OR EQUAL COLOR - SILVER - - -WHITE VINYL UNION AOVANTAQE- Lo. II STANDING SLAM M-L, OR Q..L COLOR - SILVER SMDIIEY TOPAZ SW 61 17 WHOLE WHEAT SW 6121 NAVAJO WHITE SW 6126 FAVORITE TAN SW 6157 WHOLE WHFAT SW 6121 SOUTH ELEVATION i UNION ADVANTAGE- LOK II SHERWIN WILLIAMS STANDING SEAM METAL, SW 6121 (WHOLE WHEAT) F OR EQUAL '. COLOR - SILVER WHOLE WHEAT SW 6121 WHEAT SW 6121 TOPAZ SW 61 17 THE FOUNTAINS AT MOSS PARK BUILDING 2 - 1 UN1ON ADVANTAGE- LOK II SHERWIN WILLIAMS SHERWIN WILLIAMS SHERWIN WILLIAMS SHERWIN WILLIAMS STANDING SEAM METAL, SW 6117 (S6TOKET TOPAZ) SW 61571 FAVORITE TAN) SW 61261NAVAJO WHITE) SW 6121 (WHOLE WH"T) OR EQUAL COLOR - SILVER OMN - UNION AUVANTAGE- LOK 11 STANDING SEAM METAL, OR EQUAL COLOR- SILVER WEST ELEVATION UNION AOVA NTAQE- LOK 11 STANDING SEAM METAL, OR CQUAL COLOR - SILVER WHITE VINrL 21 ..."e TAN SW 8157 WNSPOUTS T6 BE PAINTED MATCH THE BUILDING TOLE WHEAT SW 5121 SMOKEY TOPAZ SW 61 17 SMOKEV TOPAX SW 61 17 THE FOUNTAINS AT MOSS PARK BUILDING 2 1L E� E� ;� ' lwl i i�. iii l IL Irr THE FOUNTAINS AT MOSS PARK BUILDING 2 ANION AOVANTA6e• LOK U STANDING SGM METAL OR EQUAL COLOR- ILVER WHITE VINYL W-k WHEAT SW 6121 FAVORITE TAN SW 6197 mm m NORTH AND SOUTH ELEVATIONS FAVORITE TAN SW 6137 - WHITE VINVL---j L F 7 UNION ADVANTAGE- LCK 11 Sa HERWIN WILLIAMS SW 6117(SMOKEY TOPAZ) b SHERWIN WILLIAMS SHERWIN WILLIAMS SHERWIN WILLIAMS SW 61S7 1FAVORITE TAN) SW 6126 (NAVAJO WHITE) SW 6121 (WHOLE WHEAT) STANDING SEAM METAL, OR EQUAL SMOKEV --I SW 6117 COLOR - SILVER ANION AOVANTA6e• LOK U STANDING SGM METAL OR EQUAL COLOR- ILVER WHITE VINYL W-k WHEAT SW 6121 FAVORITE TAN SW 6197 mm m NORTH AND SOUTH ELEVATIONS FAVORITE TAN SW 6137 - WHITE VINVL---j L F UNION ADVANTAOK- LnK 11 STANDING SEAM MEYA" ON EQUAL rOLOK - SILVER .r— WHOLE WNEAI SW 6 12 1 FAVORITETAN SW 5157 — NAVAJO WHITE 5W 6126 _ DOWNSPOUTS TO BE PAINTED TO MATCH THE BUILDING LI L EAST AND WEST ELEVATIONS 11 1--111 W—O WHEAT SW 6121 SMGxeY TGrAe SW G1 17 THE FOU NTAI NS AT MOSS PARK BUILDING 3 N.— WHITE SW 6526 TO ME PAINTED Yo WNSEOUTS MATCH THE 6UIIDING SMOKEV --I SW 6117 WHOLE WHEAT Sw 6121 UNION ADVANTAOK- LnK 11 STANDING SEAM MEYA" ON EQUAL rOLOK - SILVER .r— WHOLE WNEAI SW 6 12 1 FAVORITETAN SW 5157 — NAVAJO WHITE 5W 6126 _ DOWNSPOUTS TO BE PAINTED TO MATCH THE BUILDING LI L EAST AND WEST ELEVATIONS 11 1--111 W—O WHEAT SW 6121 SMGxeY TGrAe SW G1 17 THE FOU NTAI NS AT MOSS PARK BUILDING 3 THE FOUNTAINS AT MOSS PARK LEASING, MANAGEMENT, AND CLUB WHOLE WHEAT SW6121 NAVAJO WHITE SW6126 SHERWIN WILLIAMS SW 61171SMOKEY To PAZI ANION ADVANTAGE- LOK II SHERWIN WILLIAMS SHERWIN WILLIAMS SHERWIN WILLIAMS �\ STANDING SEAM METAL, SW 6157iFAVORITE TAN SW 6126(NAVA10 WHITE) SW 6121 (Wmotr: WHEAT) OR EQUAL COLOR - SILVER 1 WwITC VINYL Favp R'T[ TAw SW 61¢7 NAVAJV W�IT[ 5W 6126 EAST ELEVATION NORTH AND SOUTH ELEVATIONS y- T when VIMVL — F—Ril[ TAN eW 6157 NAVA -IO wMnr 9W 6120 WEST ELEVATION THE FOUNTAINS AT MOSS PARK MAIL KIOSK � i fy F �vay.r+�ac�• � - •m •.�..::. r.. •r .O watP LA4 § tiARATOGA _ J I •........ aia {�� b *0' • COLUy1N DETAI_5 l6NAGL 2LMVATIdH {q.�< M h iRAIiIGE) 4 = 510NArvE ELEVA71ON (M055 ROAD EN7RANCE) I6N HALL 5EC710\ _ ELL' Ire 7 Bc.%.E: Vie Q kia vu vim- ti H• cerear R.raien - C4L'f�G CC?Llia L i/� V�+Np(>1te �J16f rd peGlipn r v I carer .+o.a.�i rnwsx ueLC:trr. I To �:6s f l ro �� rmr asar�r �+w n COLUVN SECTIONS f l •xs•. mo• -- I � I d PAIMP 11 WINUM FENCE WTH MASOW L0. r.a 5a w nca.li,aen+:c r'uTO q nA'G aw.ac*� maew 4 aEU r waw X41 LLTi=liTL swe ro pu+, n.. mry aec wacrs u�aar rnsr.oc K Ilia! -or C&- = -VJ' Ea ALV WN PGe' r ea AL~ wo¢ra ^ x : - L'Y uve AIHINR a�.unc� can nc ar.es r a �• ran av lLrL] giyr f0 rtaPr MP.R� +i1C 0111! W OVCR OOP[ /lL:Yl1lh•� ib- ,lamp it rnrHa aAYM rp xxo. ror rov car, un».•er.�an rrraow. prv�ac �Et!vaiai �>Er� i! urAa a * nv. e•vv W mmn� n FENCE COLUMN V EG -tiLG� Vr',. MOSS PARK APAR IMLN I5 wwm VLW:C% n. HARhSC6A OnMS nsn M rY: r• "tr_raow _ �L -200 J 6' rmcnsr w5omzy wx-L !^1 1 P COMMISSION AGENDA ITEM 409 September 11, 2 006 Regular Meeting CONSENT X INFORMATIONAL PUBLIC HEARING REGULAR MGR i i� DEPT. Authori n REQUEST: Community Development Department, Urban Beautification Services Arbor Division, Requesting Approval For The Installation Of Canopy Trees Along Moss Road To Mitigate Tree Removals At The Saratoga Condominiums Site. PURPOSE: The purpose of this Commission Item is to request authorization for the installation of canopy trees along Moss Road, by Metropolis Domes, as part of tree mitigation for Saratoga Condominiums and to enhance the Public Rig hts -of -Way bordering SR 434 Village Walk CONSIDERATIONS: The Saratoga Condominiums are to be located on approximately (9) nine acres of land adjacent to SR 434 Village Walk at Moss Road and State Road 434, in the City of Winter Springs. The Developer, Metropolis Homes, wishes to beautify the surrounding Community and add value to the project while mitigating tree removals by installing an additional (59) Sand Live oak canopy trees and (6) Live oak canopy trees. Metropolis Homes has generously offered to provide and install native canopy trees in the rights -of- -way on both sides of Moss Road, from SR 434 to SR 419, and to install additional trees at the entrance to the Development. City Staff has worked with Metropolis Homes in determining the optimum tree species and layout for the area that will ensure long term benefit and sustainability. 091106_COMM Consent 409_Saratoga Condominiums_Tree Plan Once installed, the canopy trees located on Rights -of -Way along Moss Road will become public property and be established by City Staff. Regular on -going maintenance of the trees will be performed by the City Rights -of -Way, Medians, and Ponds Contractor. FUNDING Funding for the canopy tree purchase and installation is not required of the City. Funding for establishment and continued maintenance of the canopy trees, at a cost of $1,800 annually, will come from the Urban Beautification Line Code (1525 - 54682) - R &M Grounds, beginning in FY '06 -07. This funding will include manual watering of the new trees until they are adequately established and occasional watering, trimming and fertilization thereafter. RECOMMENDATION: Staff recommends the City Commission approve the installation of canopy trees located in the Rights -of -Way along Moss Road and at the entranceway to Saratoga Condominiums, by Metropolis Homes; to become public property after installation. Staff also recommends the City Commission approve the expenditure of $1,800 annually for the care and maintenance of canopy trees installed by Metropolis Homes, in the City Rights -of- Way, as part of this project. IMPLEMENTATION SCHEDULE: Metropolis Homes will complete the installation of canopy trees along Moss Road, to the satisfaction of the City, prior to the issuance of the Certificate of Occupancy for the 50'' residential unit. City Staff will supervise the installation of all trees put in the City Rights -of- Way. 091106 COMM Consent 409_Samtoga Condominiums_Tree Plan 1. Saratoga Condominiums — Sheet L05 Rev. 8/24/06 (N. Moss Road Street Tree Plan) COMMISSION ACTION: PLANT LIST: MANTW. NCTE6 OTY ay" oor"oR NAm (!BOTANICAL MANE) SPECIFICATICN9 - 6� „+�,'t'i�„ ^L. '•w��"�^^j.�,y, +• �� Q gTCN = s a si TREES: ✓'QC L //�� —�� aL 6 ov LIVE OAK CQWFjaS vll'YNIANA), SEE 6WET L®7 l SF 611 GAL, U 44'147; ]- GAL, 5 CT, SOInLE STRAIGHT LEADER DA). SEE SHEET L07 µ Li CRAPE M`RTLE rLAC.- MTRCEFIIA NIC - rSw ---9fdP35- -� -- - 30 GAL 10' OT, 3 -S MAN TM"CZS RILL. S' CT, MLLTI -TR11K •r'�G`�.S 5 'f1. -' �.^ :.r i' Ba CG SAfm LIVE OAK fGT)ERGTSS GEptmNATA) GAL, 5`GT, EIO � �'�+• VA l r 7Y ) � It T�E'J YrIUH M C/2AOtNIVt RDJCCT N A dvLL W MTAL M AT TIC Tre CoATICM. DVAL OFrEw PEd'ETER LI/OSGaPE .� ; :� . ° ' •_ 1) T RC: WNI 51 L'1 Tp*” tae �FR9p( eF Hobe ROa'] Afp 6R .se d✓JLL 06 DWA \ L I d'D ' ` T f.�73r WA HT 1 DAT5 OF FIFE - pT OF '.� �cl'L']!G COZTi1GtT! OF OCCIr A L';t b14t F ❑ q Z O _ ~ ' }I TE zle [- PER REWFt45 M Wl f TO OTiCTLY rL1iSTJ T /mraLC.ArlO R E l � R M LP^J.TIOND Of 11E er�ET M. 4. w ej cs cl TRE55 CPRADCD UINH TED! iLO DRAUIEYd (C. to - aec�olrL nw - � )ww rfwl T 1F+AOi �/fA ID14QI v o q Ln z tn V a a DI PARTIAL LANDSCAPE PLAN PARTIAL LANDSCAPE PLAN November 14, 2011 The attached document pertains to the Settlement Agreement Public Hearings 501 as a technical change was made to the attached. • n. Dismissal of the Litigation: Plaintiffs agree to dismiss the State Court (Case No. 10- 57 -AP) and Federal Court (Case No. 6:10 -CV- 01905- MSS -DAB) Litigation with prejudice contingent upon the following conditions: (1) final approval of The Fountains at Moss Park by the City of Winter Springs as contemplated herein; (2) - - . - • - - . - ' . - - - - . _ . - . - - , . . - -- - . - .. . •_fulfillment of the terms 6f Paragraph g. herein above; and (3) approval by FHFC of the request to transfer the Town Park Housing Credit allocation to The Fountains at Moss Park property. If any of these conditions do not occur for any reason whatsoever, Plaintiffs will not dismiss the Litigation with prejudice and such litigation may proceed unaffected. Upon • execution of the settlement agreement, Plaintiffs and the City shall immediately notify the State and Federal Court that a conditional settlement agreement has been reached and request that the Courts stay any further action in the cases until such time that Plaintiffs file a dismissal with prejudice or the parties notify the Courts that the Litigation must continue because the conditions of dismissal stated in the settlement agreement were not satisfied. The details of effectuating the . purposes of such stay and the manner in which it is achieved (including through a vehicle other than a stay), may be reasonably dealt with by the attorneys for the parties. •