HomeMy WebLinkAboutJesup's Landing Townhomes Developer's Agreement 2011 07 13 � � hIARYANI� MORSE, CLERK OF CIRCUIT CIXlRT
5EMII�LE COIJNTY
, , BK 07950 Pgs 1540 - 1555; tlbpgs)
CLERK' S # 2413412992
RECORDED 01/28/2013 14�29s�7 AM
THIS INSTRUMENT WAS PREPARED BY: RECORDING FEES 137.SQ
Mark A. Grimes, Esquire RECORDED BY S Maguire
Pohl& Short,P.A.
280 W. Canton Ave., Suite 410
Winter Park,FL 32789
(407)647-7645
AND SHOULD BE RETURNED TO:
Anthony Garganese, Esquire
Brown, Garganese, Weiss& D'Agresta, P.A.
`�� 111 N. Orange Avenue, Suite 2000
Orlando, FL 32801
(407)425-9566
DEVELOPER'S AGREEMENT
THIS DEVELOPER'S AGREEMENT (the "Agreement") is made and executed this
1 lth day of July, 2011, by and between the CITY OF WINTER SPRINGS, a Florida municipal
corporation (the "City"), whose address is 1126 East S.R. 434, Winter Springs, Florida 32708,
and MATTAMY (JACKSONVILLE) PARTNERSHIP, a Florida general partnership
("Mattamy Homes"), whose address is 400 Park Avenue South, Suite 220, Winter Park, Florida
32789.
WITNESSETH:
WHEREAS, Mattamy Homes is the fee simple owner of(or has the contractual right to
purchase) certain real property located within the City in Seminole County, Florida and more
particularly described in Exhibit "A" attached hereto and incorporated herein by this reference
(the "Property"); and
WHEREAS, Mattamy Homes intends to develop the Property as a single-family
residential (townhouse) community at a density of approximately one hundred seventy-one (171)
units at a density of 9.97 units per acre, to be known as "Jesup's Landing" (the "Project"); and
WHEREAS, pursuant to the approval of the City Commission on June 27, 2011,
Mattamy Homes desires to facilitate the arderly development of the Project on the Property as
depicted in that certain Conceptual Plan for Winter Springs Town Center - 17.15 Acre
Townhouse Site prepared by Evans Engineering, Inc., dated May 18, 2011 and approved by the
City Commission on June 27, 2011 (the "Conceptual Plan") in compliance with the laws and
regulations of the City; and
Development Agreement
Mattamy(Jacksonville)Partnership/City of Winter Springs
Page 1 of 14
� �
WHEREAS, the City Commission has recommended entering into this Agreement with
Matta�ny Homes for the development of the Project; and
WHEREAS, in addition to Mattamy Homes' compliance with the City La»d
Development Code and the City Town Center District Code (together the "Gode"), permitting
and construction not in conflict herewith, the City and Mattamy Homes desire to set fortl� the
following special terms and conditions with respect to the development and operation of the
Project.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties mutually agree as follows:
1. Recitals. The foregoing recitals are true and correct and are hereby incorporated
herein by this reference.
2. Authoritv. This Agreenlent is entered into pursuant to the Florida Municipal
Home Rule Powers Act.
3. Obligations and Commitments. In consideration of the City and Mattamy
Homes entering into this Agreement. the City and Mattamy Homes hereby agree as follows:
(a) Approval of Conceptual Plan. The City hereby acknowledges and agrees
that the Conceptual Plan is acceptable and was duly approved by the City Commission in
conlpliance with the laws and regulations of the City. A copy of the Conceptual Plan is
attached hereto as Exhibit '`B" and fully incorporated herein by this reference. Mattamy
Homes acknowledges and agrees that the Conceptual Plan was prepared with preliminary
dimensions and that during the final subdivision and final engineering process such
dimensions shall be surveyed, duly engineered, and provided to the City. As such,
Mattamy Homes and the City agree that the Conceptual Plan is intended to be conceptual
in nature and subject to reasonable adjustments at the final subdivision and final
engineering phase in order to bring the Project into full compliance with the City Code.
(b) Utilities. The City hereby acknowledges and agrees that it currently has
sufficient water and sewer treatment plant capacity available to service the Property and
shall provide such services to the Project as depicted in the Conceptual Plan. Mattamy
Homes shall install a six inch sanitary force main, to extend approximately 4,400 feet
ti-oin a planned on-site lift station to the existing six inch force main located south of the
Property near State Road 434 to serve the Property. All water and sewer improvements
required on-site and otf-site to service the Property shall be at Mattamy Homes' expense.
However, to the extent any other properties utilize the force main constructed by
Mattamy Ho�nes, they will reimburse Mattamy Homes their prorated share of the force
main prior to construction coinmencement. The City hereby agrees to provide a
temporary construction ease�nent along the southern border of Central Winds Park to
facilitate the force main construction; provided, however, Mattamy Homes shall provide
Development Agreement
Mattamy (Jacksonville) Partnership/City of Winter Springs
Page 2 of 13
the legal description for such easement. The terms and co»dition of said ease�nent shall
be in a form acceptable to the City Attorney.
(c) Additional Non-Roadway Town Center Code Waivers. Based o�� the
Conceptual Plan and Mattamy Homes' agreement to tl�e terms and conditions set forth
herein, the City Commission hereby grants the following additional non-roadway waivers
to the Town Centec District Code pursuant to the special exception criteria enumerated in
Section 20-321(c):
(i) In exchanbe for the green space north and west of the pool and
around the existing pond, and the related amenities thereto (walkways, be��ches,
trees, lighted f'ountain feature), as depicted on the Conceptual Plan, the northeast
portion of the Property shall be utilized for a stormwater retention pond for the
Orange Avenue Segment and the Property, rather than fior the "Orange Avenue
Park" as contemplated under the Code.
(ii) The Project shall provide only pedestrian and non-automotive
access to the adjacent high school propei-ty.
(iii) The townhouse units shall be permitted to have a tinished flooc
elevation less than twenty-four inches above the highest adjacent sidewalk grade.
Mattamy Homes acknowledges and agrees that any deviation fi•om the Town Center
District Code not specifically enumerated in paragraph (c) above shall reguire separate
city commission approval in accordance with the special exception application procedure
and criteria set forth in the Town Center District Code.
(d) Formation of Homeowners' Association. Mattamy Homes hereby
acknowledges and agrees that it intends to fonn a mandatory homeowners' association
(the "Homeowners'Association") for purposes of maintaining any and all common areas,
landscaping, entrance signs, walls, fences, alleys, recreational areas and stormwater
drainage facilities associated with the Project. A separate Declaration ofi Covenants,
Conditions and Restrictions (the "Declaration") will be executed and recorded among the
Public Records of Seminole County, Florida to evidence the fonnation of the
Homeowners' Association and establish its rights, duties and obligations. The
Declaration shall be in a form acceptable to the City Attorney and shall require the
Homeowners' Association, and the members thereof to be bound by the terms and
conditions of this Agreement.
(e) Buffer Walls and Fences; Trail Access. Notwithstanding the reguirements
of Section 20-417 of the Code, Mattamy Homes shall install (i) a six (6) foot tall wrought
iron or similar fence along the southern boundary line of the Property which shall have at
least three (3) pedestrian access points to the Seminole County trail, and (ii) a six (6) foot
tall wrought iron or similar fence along the western boundary of the Property. The
foregoing fences shall each be erected as soon as reasonably practical and prior to any
Develop►nent Agreement
Mattamy(Jacksonville) Partnership/City of Winter Springs
Page 3 of 13
permanent vertical construction for the Project. Notwithstanding the foregoing to the
contrary, access will be available at all times for emergency vehicles. All pedestrian
access points to and from tl�e Seminole County Trail shall be dedicated to the City on the
Final Plat, and any Project gates will remain wllocked.
(f) Si��. The City hereby acknowledges and agrees that Mattamy Homes
shall have the right, upon the full execution of this Agreement, to erect on-site
construction signs, marketing signs and temporary signs (including up to four (4)
"banner" signs) as described in Sections 20-470(10). 20-470(11) and 20-470(16) of the
Code, in locations reasonably acceptable to the City, which signs shall be pen��itted to
remain for a period of nine (9) months from tl�e date hereof. Mattamy Homes shall
thereafter have the right to erect permanent Project identification signage at the main
entrance to the Project, which shall consist of lettering attached to the two pier and
garden walls spelling "Jesup's Landing" (total signage dimensions to be approxinlately 1
foot high and 11 feet wide) as depicted on Exhibit '`B'' ���hich is attached hereto and fully
incorporated herein by this reference. Any construction signs or marketinb signs erected
on the Property shall not exceed sixty-four (64) squai-e feet in size (total on-site). The
City hereby acknowledbes and agrees that the Property shall not be subject to the
fourteen (14) day limitation on the erection of tempo�-ar�� "banner" signs as provided in
Section 20-470(16) of the Code. Mattan�y Homes and its successors and assigns shall
maintain all ofi the signs erected pursuant to this Section 3(h) in a good condition a��d
state of repair.
(g) Sidewalks. All sidewalks shall comply with the Code (minimum six (6)
feet) except the sidewalk to be located around the lake and to the pedestrian access
located at the southwest corner of the Property as depicted on the Conceptual Plan shall
be a minimum of eight(8) feet in width. Further, a twenty (20) foot emergency stabilized
path shall be constructed at the southeast corner of the Property and shall be stabilized to
facilitate emergency vehicle access. In addition, the Declaration shall establish easement
rights in favor of the Homeowners' Association to permit sidewalks to extend into
individual townhouse lots as depicted in the Conceptual Plan.
(h) Model Units/Sales Office. Prior to the recording of the finai plat, the City
agrees to permit Mattamy Homes to construct model townhouse units under the following
conditions:
(i) The model townhouse units shall be contained i» a single building
(the "Model Building") and shall not exceed six (6) individual units.
(ii) Tl�e model townhouse units shall remain under Mattamy Homes'
ownership and control until such time as the final plat is recorded by the City and
a final certificate of occupancy for each unit is issued under the conditions set
forth below. [n other words, Mattamy Homes shall not contract for sale, sell, or
lease any of the individual model townhouse units until such time as the City
Development Agreement
Mattamy (Jacksonville) Partnership/City of Winter Springs
Page 4 of 13
approves and records the fiinal plat for the Project and issues a finai certificate of
occupancy for each unit.
(iii) The model townhouse units shall be constructed in a location
reasonably acceptable to the City. Vertical construction shall not commence until
stabilized access and fire protection is available.
(iv) Prior to the model townhouse construction, the model townhouse
units shall be duly permitted by the City i�� accordance with all City Codes. As
part of the building permit application, Mattamy Ho�nes shall submit, along with
all construction plans for the townhouse units, a duly certified bou»daiy survey
which shall depict the location and legal description of the model townhouse site
and each individual model townhouse lot Mattamy Homes acknowledges and
agrees that this legal description is intended to coincide with the eventual location
of the townhouse lots as depicted and legally described on the final plat. Mattamy
Homes assumes full and complete responsibility and liability in the event that said
legal descriptions do not confo�-�� to the lot lines required by the City in final plat.
(v) At such time the City Building Ofticial completes and approves a
final inspection of the model townhouse units, the City will issue a temporary
certificate of occupancy. Said temporary certificate of occupancy shall be issued
for the Model Building as a whole, not by individual units. Occupancy of the
townhouse units shall be limited to the sale and marketing efforts for the Project.
ln addition, Mattamy Homes shall have the right to utilize one garage in the
Model Building as a temporary sales otfice.
(vi) At the request of Mattamy Homes or at such time the Project
developrnent is completed, whichever occurs sooner, Mattamy Homes shall file a
re-conversion permit application requesting that the model townhouse units be
converted into perinanent residential units and the City shall issue individua)
certificates of occupancy for each model townhouse unit; provided, however, the
final plat is approved and recorded by the City and the City Building Ofticial
determines that the units are suitable for permanent residential occupancy and in
compliance with the City Codes.
(i) Trash/Refuse Service. The City hereby agrees that trash and refuse pickup
will be provided for each individual residential unit, therefore no Project dumpsters will
be located on the Property as othecwise required pursuant to Section 9-280 of the Code.
(j) Plattin�. Mattamy Homes shall be required to plat the Property in
accordance with Section 9-75 of the Code. Neighborhood Lane and Neighborhood Street
which are perpendicular to the trail shall be depicted on the Plat extending to the southern
boundary of the Property. Mattamy Homes shall submit a proposed lighting plan to the
City contemporaneously with its submittal of the proposed plat, unless the applicable
Development Agreement
Mattamy(Jacksonville)Partnership/City of Winter Springs
Page 5 of I 3
information is received from Progress Energy in time to submit such plan at the time final
engineering plans are submitted.
(k) Wetlands. The City hereby acknowledges and agrees that Mattamy
Homes has sufficiently addressed the City's Comprehensive Plan requirements with
respect to wetland impacts and preservation.
(1) Recreational Area. Mattamy Homes shall be required to provide
recreational areas witl�in the Project in accordance with the Conceptual Plan.
(m) Stormwater Pond Maintenance Berm. The City hereby agrees that
Mattamy Homes shall only be required to n�aintain a six (6) foot maintenance berm
around the Project retention poild rather than a ten (]0) foot berm as required pursuant to
Section 9-241(d)(3) of the Code.
(n) Impact Fee Credits. The Orange Avenue iniprovements were completed
and accepted by the City Commission on May 14, 2007, and the transportation impact fee
credit available to Mattamy Hon�es is $358,750.00.
(o) Orange Avenue — Undergroundin�Utilities. In conjunction with the
construction of Orange Avenue, Mattamy Homes shall underground all existinb utility
lines running along tlle property's Orange Avenue frontage (south side only).
Transportation impact fee credits are not available for undergrounding utilities.
(p) Construction Truck Route. Mattamy Homes acknowledges and agrees that
the City desires to keep construction truck traffic along Tuskawilla Road north ofi State
Road 434 to an absolute minimum, especially over the brick paved portion of Tuskawilla
Road. As such prior to the commencement of Project construction, the City shall
determine (with the assistance of Mattamy Homes), an acceptable transportation route to
and from the Property for all large construction trucks and heavy machinery (e.g. dump
and concrete trucks). The City's determination shall be memorialized and delivered to
Mattamy Homes in writing. Mattamy Homes shall provide a copy of said determination
to all constr��ction companies working at the Project. At all times, Mattamy Homes shall
require all such trucks to utilize the transportation route selected by the City. The City
may modify the transportation route at any time by providing written notice to Mattamy
Homes. Mattamy Homes agrees to indemnify and hold harmless the City for any damage
occurring to any City roadway located within the Town Center north of State Road 434
which is caused by any large construction trucks servicing the Project.
(q) Eastern Allev. The Alley located along the eastern boundary of the
Property as depicted on the Conceptual Plan shall be subject to a cross-access easement
which permits the adjoining property to use said Alley for pedestrian and vehicular traffic
at such time the adjoining property is developed. The cross-access easement shall ensure
connectivity between the Project and the future development project of the adjoining
property and shall be in a form acceptable to the City Attorney.
Development Agreement
Mattamy (Jackso»ville)Partnership/City of Winter Springs
Page 6 of 13
(t-) Othe�- Code Deviations. Excluding the deviations from the Town Center
District Code which are addressed in paragraph (c), Mattamy Homes acknowledges and
agrees that the only other deviations fi•om the City's Land Development Code authorized
by this Agreement are:
(i) Tl�e posting of banner signs in the manner provided in paragraph
(h).
(ii) Pern�ission to construct model homes prior to the recordation of
the final plat as set forth in paragrapl� (h).
(iii) Permission to require individual trash pick-up instead of dumpsters
and permission to reguire submittal of a street lighting plan with tinal
engineering/subdivision plans as set forth in pa�-agraph (i).
(iv) The requi►•ement of a six (6) foot wide �naintenance berm around
the storn�water pond as set forth in paragraph (m).
(s) Decorative Re�ulator��.,na�e and Li l��t�in�. Prior to issuance of
certit7cate of completion and acceptance of the infrastructure, MATTAMY HOMES and
the CITY shall ente�- into a separate Use and Maintenance Agreement outlining
responsibilities related to the decorative street lights and signage, including but not
limited to, the cost differential between maintaining standard street lights and signs and
the decorative street lighting and design requirements of the Town Center Plan. Said
agreement shall substantially conform to the standard decorative street light and signage
form agreement that was previously approved by the City Commission to be utilized on a
citywide basis which shall be assibnable and run with the land. MATTAMY HOMES
acknowledges that prior to turning the homeo�mer"s association over to its members.
MATTAMY HOMES will assign the Use and Maintenance Agreement to the
homeowner's association for continuation of obligations related thereto.
(t) Orange Avenue Park. Mattamy Homes shall be permitted to utilize the
northeast corner of the Property (depicted as "Orange Avenue Park" in the Code) for
stormwater retention, with sufticient capacity to accon�n�odate the volu»�e of stormwater
runoff generated by the Orange Avenue Segment and the Project; provided, however, the
use of such area shall meet the reyuirements of Chapter 5 - Tree Protection and
Preservation - of the Code.
Any other deviations from the City's Land Development Code shall require separate
approval from the City Commission by development agreement.
4. Representations of the Parties. The City and Mattamy Homes hereby each
represent and warrant to the other that it has the pov��er and authority to execute, deliver and
perform the terms and provisions of this Agreement and has taken all necessary action to
authorize the execution, delivery and performance of this Agree�nent. This Agreement will,
when duly executed and delivered by the City and Mattamy Homes and recorded in the Public
Development Agreement
Mattamy (Jacksonville) Partnership/City of Winter Springs
Page 7 of l3
Records of Seminole County, Florida, constitute a legal, valid and binding obligation enforceable
against the parties hereto and the Property in accordance with the terms and conditions of this
Agreement. Mattamy Homes �-epresents that it has voluntarily and willfully executed this
Agreement for purposes of binding the Property and the Homeowners' Association. and the
members thereof, to tl�e ten��s and coi�ditions set forth in tl�is Agreeme��t.
5. Successors and Assigns. This Agreement shall autoinatically be binding upon
and shall inure to the benefit of the City and Mattamy Homes and their respective successors and
assigns including, but not limited to, the Homeowners' Association and the members thereof.
The terms and conditions of this Agreement similarly shall be binding upon the Property and
shall run with title to the same.
6. Applicable Law. This Agreement shall be gove�7ied by and construed in
accordance with the laws of the State ofi Florida.
7. Amendments. This Agreeinent shall not be modified oc amended except by
written agreement duly executed by botl� parties l�ereto (or their successors or assigns) and
approved by the City Commission.
8. Entire Agreement. This Abreement supersedes any other agreement, oral or
written, and contains the entire agreement between the City and Mattamy Homes as to the
subject matter hereof.
9. Severability. If any provision of this Agreement shall be held to be im�alid or
unenforceable to any extent by a court of competent jurisdiction, the same shall not affect in any
respect the validity or enforceability of the remainder of this Agreement.
10. Relationship of the Parties. The relationship of the parties to this Agree�nent is
contractual and Mattamy Homes is an independent contractor and not an agent of the City.
Nothing herein shall be deemed to create a joint venture or principal-agent relationship between
the parties. and neither party is authorized to, nor shall either party act toward third persons or
the public in any manner, which would indicate any such relationship with the other.
1 l. Soverei�n Immunitv. Nothing contained in this Agreement shall be construed as
a waiver of the City's right to sovereign immunity under Section 768.28, Flol•ida Statirtes, or any
other limitation on the City's potential liability under the state and federal law.
12. City's Police Power. Mattamy Homes agrees and acknowledges that the City
hereby reserves all police powers granted to the City by law. In no way shall this Agreement be
construed as the City bargaining away or surrendering its police powers.
l3. Interpretation. The parties hereby agree and acknowledge that they have both
participated equally in the dratting of this Agreement and no party shall be favored or disfavored
regarding the interpretation to this Agreement in the event of a dispute between the parties.
Development Agreement
Mattanry(Jacksonville) Partnership/City of Winter Springs
Page 8 of 13
14. Permits. The failure of this Agreement to address any particular City. county,
state, and/or federal permit, condition, term, or restriction shall not relieve Mattamy Homes or
the City of the necessity of complying with the law governing said permitting requirements,
conditions, term, or restriction.
15. Third-Party Rights. This Agreement is not a third-party beneficiary contract and
shall not in any way wl�atsoever create any ►•ights on behalf of any third party.
16. Specific Performance. Sri•ict compliance shall be required with each and every
provision of this Agreement. The parties aaree that failure to perform tl�e obligations provided
by this Agreement�shall result in irreparable damage and that specific performance of these
obligations may be obtained by a suit in equity.
17. Attorney's Fees. In connection with any arbitration o�- litigation arisiug out of
this Agreement, the prevailing party shall be entitled to recover reasonable attorney's fees and
costs through all appeals to the extent permitted by law.
18. Develonment 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
Agreement. The failure of this Agreement to address any particular City, County, State and/or
Federal permit, condition, term or restriction shall not relieve Mattamy Homes or the City of the
necessity of complying with the law governing said per�nitting rec�uirement, condition, term or
restriction. Without imposing any limitation on the City's police powers, the City reserves the
right to withhold, suspend, or terminate any and all certificates of occupancy for any building or
unit if Mattamy Homes is i�� breach of any term or condition of this Agreement.
19. Termination. The City shall have the unconditional right, but not the obliaation,
to terminate tllis Agreement, without penalty, if MATTAMY HOMES fails to apply for and to
obtain infi-astructure permits for roads, sidewalks, water, sewer, utilities and perimeter fencing,
and to re-commence construction of the Project within two (2) years of the effective date of this
Agreement. Before the City terminates this Agreement, the City shall first provide Mattamy
Homes a Notice of its intentio�� to terminate, and permit Mattamy Homes to provide proof of its
compliance with these terms within 30 days of its receipt of Notice. In the event Mattamy Homes
is unable to provide satisfactory proof of its compliance with these terms, the City may record a
notice of termination in the public records of Seminole County, Florida.
20. Notices. Any notice required or allowed to be delivered hereunder shall be in
writing and shall be deemed to be delivered when: (a) hand delivered to the official hereinafter
designated, or (b) upon receipt of such notice, when deposited in the United States mail, postage
prepaid, certified or registered mail, return receipt requested, or (c) one day after deposit with a
nationally recognized overnight courier service, e.g. Federal Express, Purolator, Airbo�7�e.
Express Mail etc., addressed to a party at the other address as specified below or from time to
time by written notice to the other party delivered in accordance herewith.
Mattamy Homes Mattamy (Jacksonville) Partnership
Development Agreement
Mattamy (Jacksonville) Partnership/City of Winter Springs
Page 9 of 13
Steven A. Parker
400 Pack Avenue South. Suite 220
Winter Park. Florida 32789
Attention:
With a copy to: Mark Grimes, Esc�.
Pohl & Short, P.A.
280 West Canton Avenue, Suite 410
Winter Park, FL 32789
(407) 647-7645
(407) 647-2314 (fax)
City: Kevin Smith
City Manager
City of Winter Sprinbs
1 l26 East State Road 434
Winter Springs. Florida 32708
Telephone: (407) 327-5957
Fax: (407) 327-4753
With a copy to: Anthony A. Garganese
Brown, Garganese, Weiss & D'Agresta, P.A.
11 1 N. Orange Ave, Suite 2000
Orlando, Florida 32841
Phone: (407)425-9566
Fax: (407)425-9596
21. Special Effective Date; Termination, Escrow and Recording Provisions.
(a) This Agreement shal) become effective only between the City and Mattamy Homes
upon approval by the City Comn�ission and execution of this Agreement by both parties hereto.
This Agreement shall not be binding upon or run with the Property until recorded by the City
Attorney pursuant to the escrow ter�ns and conditions stated herein. All prior City Developer's
Agi-eements recorded in the Officia) Records of Seminole County, Florida upon the Property
shall remain binding upon the Property until terminated by the City by recording this Agreement
or some other recordable instrument expressing the City's desire to so terminate. Nothing herein
shall be construed as the City abrogating, waiving, or releasing any rights the City may have
against prior developers or sureties under or through any prior developer's agreements recorded
against the Property, or as abrogating, waiving, or releasing any rights or claims that the City
may have against any surety that previously provided the City with a bond or letter of credit as a
result of any prior development project approved by the City for the Property.
Development Agreement
Mattan�y(Jacksonville) Partnership/City of Winter Springs
Page 10 of 13
(b) Upon execution of this Agreement by t}1e parties, the original Agree�nent shall be
delivered to the City Attorney who shall maintain the Agreement in escrow until authorized by
the City, in writing, to release the Agreement in accordance witl� the provisions of this
Agreement. The City and Mattamy Homes agree to indemnify and hold harmless the City
Attorney in the performance of the written escrow instructions received by the City Attorney and
set forth in this Agreement.
(c) Upo» this Agreement becoming effective between the City and Mattamy Homes,
Mattamy Homes shall have eighteen (18) months in which to complete and obtain City approval
of the final plat and final engineering pla��s for the Property consistent with the terms and
conditions of this Agreement and to provide the City with a letter of credit (or other form of
security deemed acceptable to the City) ensuring that all public infrastructure and improvements
required by the final plat and final engineering plans will be completed and maintained in
accordance with this Agreement and City Code. In the eve��t Mattamy Homes fails to obtain said
approval and provide such security within this time period, this Agreement shall auto�natically be
deemed voic� ab i�itio and the parties shall have no further rights or obligations hereunder.
Further, the City Attorney shall release the Agreement from escrow to the City for public recocd
archive purposes only.
(d) However, if Mattamy Homes timely obtains approval of tl�e final plat and final
engineering plans and pcovides the City with a the aforementioned letter of credit (or other form
of security deemed acceptable to the City) within the eigl�teen (18) month time period, the City
Attorney shall be authorized to release the Agreement from escrow and record this Agreement in
the Official Public Records of Seminole County, Florida. Upon recordation of this Agreement,
the Agreement shall be deemed binding upon and shall run with the Property, and all prior
development agreements recorded against the Property by the City shall be dee�ned tern�inated,
and of no force and effect, including the Developer's Agreement between the City of Winter
Springs and Barclay Woods II, LLC, a Florida limited liability company, as recorded in Official
Records Book 5643 at page 1555, the prior Phase I Site Development Permit Agree�nent
between the City of Winter springs and Barclay Woods II, LLC, a Florida limited liability
company, as recorded in Ofticial Records Book 5735 at Pages 422-430, and the prior
Developer"s Agreement between the City of Winter Springs and Chan Q. Nguyen and Ngan M.
Nguyen, as recorded in Official Records Book 4799 at Pages 1715, to the extent that they impact
the Property. The termination of the prior Developer"s Agreements shall not be construed as the
City abrogating, waiving, or releasing any rights or claims that the City may have against any
surety that previously provided the City with a bond or letter of credit as a result of any prior
development project approved by the City for the Property.
[Signatures Follow on Next Pages]
Development Agreement
Mattamy (Jacksonville) Partnership/City of Winter Springs
Page 11 of 13
C'..'
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IN WITNESS WHEREOF, the parties 1�ave hereunto set their-�N�nas a d�seal on the
date first above written. _ ',��� ,, ���"v j,�, �
CITY OF WINTE�SP��S '� `�
: �-, _ �� _
. n- : �� �. �:
,,.. � 1 . f.�.l
��
By: � "
h les Lacey, , � •• ��
ATTESTK `+ �� �
� +�... .
By.
Andre orenzo Luaces. City Clerk
APPROVED AS TO FORM AND LEGALITY
For the use and reliance of the City of Winter
Springs, Florida, only.
CITY SEAL Dated: a7 /�--
By:
Anthony Garganese, City Attorney fior
the City of Winter Springs, Florida
STATE OF FLORIDA
COUNTY OF SEMINOLE
Personally appeared before me, the undersigned authority, Charles Lacey and Andrea
Lorenzo Luaces, well known to n�e 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. �
ttdrw►�
Witness my hand and ofticial seal th�s'`-' day of�+. Ola,.
(NOTARY SEA ,�'" Nowry auaMo Ouito�i PI��� ''
. Andr�e� I.oryr►xo•4.�a�� u lic
'� My Ca»mi�lan�L9A9�3d
� �c�n�u�o9� y commission expires:
Developmei�t Agree�nent
Mattamy(Jacksonville) Partnership/City of Winter Springs
Page 12 of 13
W itnesses:
MATTAMY (.iACKSONVILLE) PARTNERSHIP,
a Florida general partnership
By: CALBEN (FLORIDA)
CORPORATION, a Florida orporation, i '"�
general partnei-
i���
�.-Prtnt�Iam�: �: Steven arker, P sident
� -� C�- -�
Pr' ame:
� By: MB � IDA) CO POR TIO , a
Flo ' or , ral rtner
Print Name: .S�C,•e /���Ca�„A y: Steven . Parker. P esident
P i t me:� -`
STATE OF FLORIDA
COUNTY OF ORANGE
The foregoing was acknowledged before me this �� day of July, 201 l by Steven A.
Parker, in his capacity as President of Calben (Florida) Corporation, and in his capacity as
President of MBC (Florida) Corporation, each in its respective capacity as general partner of
Mattamy (.Iacksonville) Partnership, a Florida general partnership, on behalf of said general
partnership, and who [ ] is personally known to me or [ ] who has produced a Florida driver's
license as identification.
NOT Y PU C
My Commission Expires: '
,;��':Y�";o�, KfMBERLY M. CHARLES
:�'.
•'e MY COMMISSION#EE040339
��,;. ,.� EX�'IRES November 08,2014
(4�7 389•01+3 FkxideNotaryService.com
Development Agreement
Mattamy (Jacksonville) Partnership/City of Winter Springs
Page 13 of 13
EXHIBIT "A"
Legal Description
Parcel l:
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. M[TCHELL'S SURVEY OF THE LEVY GRANT, as recorded in
Plat Book 1, Pabe 5, of the Public Records of Seminole County, Florida.
EXHiI3IT "B"
Conceptual Plan
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