HomeMy WebLinkAbout2012 11 19 Consent 207 Moss Park Apartments Tree Mitigation COMMISSION AGENDA
Informational
Consent X
ITEM 207 public Hearings
g
Regular
November 19, 2012 KS RS
Special Meeting City Manager Department
REQUEST:
The Community Development Department, Urban Beautification Division, is requesting
that the City Commission approve a payment of$21,785.56 from CPG Construction, LLLP
to the City of Winter Springs, to serve as satisfaction of the tree mitigation requirement of a
Settlement Agreement approved on November 14, 2011 under Agenda Item 501 for the
Moss Park Apartments (formerly 'The Fountains at Moss Park" and "Saratoga
Condominiums").
SYNOPSIS:
Staff is requesting that the City Commission approve a payment of $21,785.56 from CPG
Construction, LLLP to the City, for Moss Park Apartments, to satisfy tree mitigation
required by the Arbor Ordinance, as negotiated under Commission Agenda Item 409
(September 11, 2006), and as required by the Settlement Agreement (Section
2.0,e,ii) executed December 20, 2011 between Atlantic Housing Partners, LLLP and the
City of Winter Springs. The funds will be credited to the Arbor Fund and used toward
landscape improvements in the areas of State Road 434 and North Moss Road.
CONSIDERATIONS:
On September 11, 2006, under Agenda Item 409, the City Commission approved a tree
mitigation plan for tree removals performed as part of the original site development for
Saratoga Condominiums by Metropolis Homes. As mitigation for tree removals, in addition
to tree planting required onsite, the plan required Metropolis Homes to install sixty-five (65)
canopy trees and forty-four (44) understory trees along North Moss Road and at the
entrance to the development.
Consent 207 PAGE 1 OF 2- November 19,2012
Unfortunately, after all original trees on the site were removed and a bulk of the site work
complete, the remainder of the project was left untouched for several years. The City later
learned that Metropolis Homes would be unable to completed the project. In the mean time,
the City secured a forestry grant that funded the entire cost of installing trees along North
Moss Road from SR 434 to SR 419 as part of a community beautification project. In fact,
additional trees, beyond the number required by the original agreement and as referenced in
the settlement agreement, were able to be and have been installed.
Since trees have already been installed along North Moss Road,planting the additional trees
required for mitigation would not be practical. As a result, Staff worked with
representatives of the current developer to negotiate a plan that, if approved by the
Commission, would allow the current developer to make an Arbor Fund Donation to satisfy
the mitigation requirements of the project, to be utilized in a future beautification and tree
planting project in the same general area.
FISCAL IMPACT:
Payment in the amount of$21,785.56 will be deposited into the Arbor Fund (110) and held
in fund balance for future landscape improvements at State Road 434 and North Moss Road.
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, 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 Community Development Department, Urban Beautification Manager, is requesting
that the City Commission approve a payment of$21,785.56 from CPG Construction, LLLP
to the City of Winter Springs, to satisfy the tree mitigation requirement of the Settlement
Agreement approved on November 14, 2011 under Agenda Item 501 for the Moss Park
Apartments (formerly 'The Fountains at Moss Park" and "Saratoga Condominiums"), with
these funds to be placed in the Arbor Fun (110) to be used to fund future landscape
improvements in the area of State Road 434 and North Moss Road.
ATTACHMENTS:
A) Moss Place Apartments Tree Mitigation Payment Package
B) City Commission Agenda Item 501 -November 14, 2011
Consent 207 PAGE 2 OF 2- November 19,2012
...11.....11.. Ih....lIIIII :II" IL 'A'
m m
C � TM Lj C _rI C>
700 W. Morse Blvd., Suite 220
Winter Park, FL 32789
Telephone: (407) 741-8543
Facsimile: (407) 643.2560
TRANSMITTAL LETTER
DATE: October 23, 2012
TO: City of Winter Springs
Attn: Steven Richart
1126 E. State Road 434
Winter Springs, FL 32708
PROJECT(S): MOSS PARK
WE TRANSMIT: ❑ HEREWITH x VIA nand delivery
FOR YOUR: ❑ APPROVAL ❑ REVIEW ❑ USE ❑ INFORMATION
THE FOLLOWING:
Check #2009245 in the amount of $21,785.56 for mitigation of trees per the
Developers Agreement
REMARKS:
For your use, thank you.
BY: Paul Askew
Regional Construction Manager
COPIES TO: File
DEVELOPERS •BUILDERS•MANAGERS OF INCOME PRODUCING PROPERTIES
MHP-00O2\Project Specific FilesTioride AcliveWoss Park Apariments\08 Construction\2012-10-23_T-CPG_CityWS_CheckMiligation_.doc
131 Arm
q6■
CONSTRUCTION
October 23, 2012
To Whom It May Concern:
We, CPG Construction, LLLP, are transmitting to the City of Winter Springs a check in the
amount of$21,785.56. The amount of this check is based upon a cost estimate, attached, of the
actual price to supply and install the specified trees along Moss Road, per the Development
Agreement.
As the City states there is no longer a need for additional trees along Moss Road, it has been
determined that we will deposit the agreed upon amount with the City of Winter Springs for the
use of a new landscape median island at the North intersection of Moss Road and SR 434. This
arrangement will satisfy the requirement of section 2.0,e,ii of the Settlement Agreement,
executed December 20, 2011.
Sincerely,
7 Pul Askew
Regional Construction Manager
CPG Construction,L.L.L.P.
700 West Morse Boulevard,Suite 220 • Winter Park,Florida 32789 o Phone(407)740-7100
Project Name.
Project Phase:
WAek It "Afters-l" Proposal Date.
A"t 17,2012
Girard Environmental Services,Inc. Owner/CC::CPG Construction]CLEF
Mailing: Post Office Box 1119 Sanford,FL 32772 Address:!700 W.Morse I?Ivd Suite 220
Physical.701 Codisco Way Sanford,FL 32771 Minter Park,FL 32789
Tim Wilson,Director of Business Development Attention. Paul Askew
Mobile:407-9W8080 twilsonftirardonline.corn Position:
Office:'
Dwight Schlicht,Chief Estimator Fax:
Office:407-7085698 Fax-07-302-5573 Molifle:
dschtkht@oarderdine.com Emad,.'�paskow@cpgoonstmction.com
.......... ......... .....
Davis-Bacon Act: No
Jursidictiom :City of Winter_Springs Jessica Lunsford A&
CCIP Project: No
Bid Bond lNo i CCIP Project: No
P&P Bond No ODP Project:
-Architect/Designer Date 'Sheets Received �AddendumsReceive
Site/Civil Plans
Irrigation Plans
Hardscape Plans
PDA .4/11/05 Rev ;LOS
Landscape Plans
Chief Estimators Comments:
Permit,Bonding&Fees
Site Preparation
Equipment Rental
CTree Installation 21,032
Mulch Installa#an 754
Rock Installation
fSod Instal[lation Authorized Signature Date Signed
Landscape Package $ 21,786 Days
Print Name Estimated Start Date
Requested Alternates $0
Suggested Alternates $o The detail for these alternates is provided on page 2 of this proposal.
9/14/2012 I1:20 AM
Page 1 of 2
OTree Wtallation QLY FAch Total
O&VI"065G __ 65Ga1 1244' 3"Cid S'Cr 6 178A 1,070.98
Grape Myrtle 130G 30Go1 10'Ht 3-5 Trunks SICT 44 —12W6 5,633.05
Oak'Sand Live'FG 3"+ 12-141 3A S'Cr 242.84 - —14,327,84
Fertflization Tablets 0.00
OTMItistaftwn 21,031.79
Mulch lrtstallatioti 113 pHgn of Work Qty IFa6 [Total
Pine Bark TTu ets 20 1 3701 753.77
Mulch wtanation 753.77
UnZo—pe Packs 21,785.56 l
9/14/2012 11:20 AM
Page 2 of 2
CPG Construction, LLLP City of Winter Springs
DATE. "INVOICE NO DESCRIPTION INVOICEAMOUNT:
10/22/12 102212MPK Pint for Mitigation of 21..785. 56 . 00 21785. 56 IHICK
DATE K 10/22/12
NUMBER TOTAL, 21785 . 56 . 00 21785. 56
PLEASE DETACH AND RETAIN FOR YOUR RECORDS
CPG CDnStrllCtlDny LLLP Seaside National Bank&Trust
rl
O
700 West Morse Blvd. Suite 22t? rl n Orange Ave,suite lssa
Oando,FL 32801
Winter Park FL 32 789' 63-1608
631
- DATE. CHECK NO. AMOUNT . ..
October 22, 2012 $*****21,786.56
Pay:******Twenty-one thousand seven hundred eighty-five dollars and 56 cents
TWO SIGNATURES REQUIRED IF OVER$50,000.00
PAY City of Winter Springs VOID AFTER 90 DAYS
TO THE ..
ORDER OF
MEMO
ttac,lhiirr u t °II: °
COMMISSION AGENDA
Informational
Consent
ITEM 501 public Hearings X
Regular
November 14, 2011 KS
Regular Meeting City Manager Department
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 Plaintiffs
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 oil
III 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.
I,I ii. In addition to the on-site landscape plan, Plaintiffs desire to
^I 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
04
� 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.
m �� ���i��„ ��10�„ ��10�„ ��10�„ ��10�„ ��10� ;;V °d °d ,a� ���i��„ ���i��„ ��10� ,10, ������ ,INS„ ,INS, ,INS„
f. Certificate of Occupancies.
p cies.
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(l) 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 4m 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.
Draft 11.10.11
11
EXHIBIT "A"
Aesthetic Review Package
Fountains at Moss Park
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COWMISSION AGENDA
CCyN',SFNT
INFORMATIONAL
ITSM 4 9 PUBLIC HEARNG
REGULAR
September 11,2006 MGR�'"!��" DEPT.
Regular ular Meeting Authoriz an
REQUEST: Community Development Department, Urban Beautification Set-vices Arbor
Division, Requesting Approval For T'hc Installation Of Canopy Trees Along
Moss Road To Mitigate Tree Removals At The Saratoga Condominiums Site.
PURPOSE: The purpose of this Commission hens is to request authorization for the installation of
canopy trees along Moss Road, by Metropolis Homes, as pant of tree mitigation for
Saratoga Condominiums and to enhance the Public Rights-o -Tl iq bordering SR 434
Village Wank.
The Saratoga Condominiums are to be located on approximately (9) nine acres of
land adl"acent to SR 4:34 Villda v TValk at t'v"loss Road and State Road 434, in the City of Winter
:Springs. The Developer, Metrolaolis Homes, wishes to beautify the surrounding Community
and add valtue to the project while mitigating tree removals by installing an additional (59)
Sand Live oak canopy trees and(a5) Live oak craaacalry trees.
Metropolis l'-Tomes has generously offered to provide and install native canopy trees in
the rights-of-way can both sides ofAlloss.l o add rwn R 434 to SR 419, and to install additional
trees at the entrance to the Development. City Staff has wonted with Metropolis Tonics in
determining, the optimum tree species arid 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$1,800 annually for the
care and maintenance of canopy trees installed by Metropolis Homes, in the City Rights-of-
Way,as part of this project.
IMPLEMENTATION SCHEDULE:
Metropolis Homes will complete the installation of canopy trees along Moss Road, to
the satisfaction of the City,prior to the issuance of the Certificate of Occupancy for the 50''
residential unit. City Staff will supervise the installation of all trees put in the City Rights-of-
Way.
091106 COMM Consent 409_Samtoga Condominiums_Tree Plan
ATTACHMENTS:
1. Saratoga Condominiums—Sheet L05 Rev. 8/24/06(N. Moss Road Street Tree Plan)
COMMSSION ACTION:
PL-ANT LIST; MxsrMCm w r�s
OTY 0:" CC"iONRMIE(BOTA CAL,NAME P bf-ECrICAPOgO ^x '=171="
TREE$: a x -
J a Err Eavt OAK Mtx ERCW vIWWr,AAA). aeE 6oOE T LM M .
�^�� bU'A.a l'..,l7'-p+a"Ndl,J°CCII„*r"CT,BrM.Lr,gfy4AXA4 LEADER �. "•••:,�.••. '�•®.••«•••,•
44 L CRAM,PTT'RILF da.ArjeRSIAZeMIA INDINCAk BEE&4 EET 1.073
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LANDSCAPE PLAN ........ _...... f ARTCA L,a,ND6CAPE FL4N
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 Liti ag tion: 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) Feifflbtwsement of the ifnmpao,eefifteatie: pi
roy,iL-w n.,d-pei- tit fees as eudine d .. eve-ful.filtment of the terms cif Paragiraph a. .
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.