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Home My WebLink AboutL.D. Plante Inc. Charette Agreement - 2013 07 01 MARYANNE MORSE, CLERK OF CIRCUIT COURT SEMINOLE COUNTY BK 08070 Pgs 0822 - 826; (5pgsi CLERK' S # 20130861374 RECORDED 07/01/2013 10:14,04 AM RECORDING FEES 44.00 RECORDED BY T Van Nuys THIS INSTRUMENT WAS PREPARED BY AND SHOULD BE RETURNED TO: Anthony Garganese City Attorney of Winter Springs Brown,Garganese,Weiss&D'Agresta,P.A. III N.Orange Avenue,Suite 2000 Orlando,FL 32802 (407)425-9566 DO NOT RECORD CHARETTE AGREEMENT THIS CHARETTE AGREEMENT (the "Agreement") is made and executed this day of April, 2013, 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 L.D. Plante, Inc. ("Plante") and Standard Pacific of Florida GP, a Delaware Corporation("Developer"), whose address is WITNESSETH: WHEREAS, this Agreement is related to certain real property located in Seminole County, Florida and more particularly described on EXHIBIT "As" which is hereby fully incorporated herein by this reference(the "Property"); and WHEREAS, Plante is the current fee simple owner of the Property; and WHEREAS, Developer is the contract purchaser of the Property and desires to develop the Property; and WHEREAS, Policy 2.1.2 of the Future Land Use Element of the City's Comprehensive Plan requires the Property to be subject to a design charette involving property owners and stakeholders of the area around the Property for purposes of creating a small area plan consistent with the Town Center Master Plan; and WHEREAS, Plante and Developer are formally requesting that the City invoke the charette process in order to propose, in concept, a future development plan for the Property in accordance with the City's Comprehensive Plan; and WHEREAS, in furtherance of this request, the parties desire to conduct the design charette process in accordance with the general terms and conditions of this Agreement. NOW THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties mutually agree as follows: Charettc Agreement City of Winter Springs and LD.Plante and Standard Pacific of Florida Page I of 4 1.0 Recitals; Effective Date. The foregoing recitals are true and correct and are hereby incorporated herein by this reference. The Effective Date of this Agreement shall be ("Effective Date"). 2.0 Charette Request; General. Developer and Owner hereby request that the City conduct a public charette process for the future development of the Property in accordance with Policy 2.1.2 of the Future Land Use Element of the City's Comprehensive Plan. The purpose of the charette is to allow the Developer to present a proposed conceptual development plan to the community and to receive feedback and input regarding the proposal from all persons that may be affected by the plan should the Developer proceed with actually permitting and constructing a project on the Property. The charette shall be non-binding on the parties and shall not be relied upon by any party as a final decision. Further, Owner and Developer agree that the charette shall not be construed in any manner as creating any vested right or entitlement for the development of the Property. 3.0 City Obligations. The City shall have the following obligations: a. Within ninety(90) days of the Effective Date, the City will publicly advertise and facilitate at least one charette in accordance with this Agreement. Additional charettes will be conducted during this time period to the extent that the City deems necessary in order to get adequate public feedback and input regarding the development plan being proposed by the Developer. All charettes shall be open to the public. All charette dates and times will be coordinated with Owner and Developer. b. The City will assist the Developer in coordinating Developer's presentation of the proposed development plan to the community. c. When the City determines that the charette process has been completed, the City shall provide written notice of completion to the Owner and Developer for purposes of commencing the time period and application filing decision required under paragraph 4.0 b of this Agreement. d. In accordance with applicable law, the City shall process the annexation petition and the future land use and zoning map amendment applications if they are filed pursuant to paragraph 4.0 b of this Agreement. 4.0 Owner and Developer Obligations.The Owner and Developer shall have the following obligations: a. Developer or its legal representative shall attend, in person, each charette held under this Agreement. Owner or its legal representative may, but is not required, attend the charette. Developer shall be primarily responsible for presenting and explaining its proposed development plan to the community and shall be responsible for answering questions and concerns regarding the plan. The Developer's presentation shall include visual displays and informational handouts that are customarily used in land use and zoning public hearings such as Ostrom Agreement City of Winter Springs and L.D.Plano and Standard Pacific of Florida Page 2 of 4 models,display boards, powerpoint presentations,photographs, and other kinds of demonstrative exhibits. b. Within thirty (30) days of receiving the written notice of completion provided by the City under Paragraph 3.0 c., the Owner and Developer shall advise the City, writing, that they have chosen either not to proceed with the proposed development plan, or they shall file with the City a fully completed annexation petition and applications for a future land use and zoning map amendment for the Property. Said petition and applications shall be on a form prescribed by the City. 5.0 Applicable Law; Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. The parties agree that venue shall be exclusively in Seminole County, Florida, for all state disputes or actions which arise out of or are based upon this Agreement. 6.0 Termination. This Agreement may be terminated by mutual written agreement of the parties. In addition, this Agreement shall automatically terminate at such time the Owner and Developer advise the City that they are not proceeding with the permitting of the development plan or they file the petition and applications as required by paragraph 4.0 b. of this Agreement. 7.0 Entire Agreement.. As to the subject matter hereof, this Agreement and all attached exhibits hereto supersedes any other agreement, oral or written, and contains the entire agreement between the City, Owner and Developer. The Exhibits attached hereto and referenced herein are hereby fully incorporated herein by this reference. 8.0 Development Permits. Nothing herein shall limit the City's authority to grant or deny any development permit applications or requests for the Property 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 Developer, Owner or the City of the necessity of complying with the law governing said permitting requirement, condition,term or restriction. IN WITNESS WHEREOF, the parties have hereunto set their hands and seal on the date first above written. CITY OF WINTER SPRINGS By. Kevi . Smith" ity ivfagager Chamttc Agreement City of Winter Springs and LD.Plante and Standard Pacific of Florida Page 3 of 4 ATTEST:, By B Luaces, City Clerk •t APPROVED AS TO FORM AND LEGALITY For the use and reliance of the City of Winter Springs, Florida only. t ' r ! CITY SEAL ::te: Anthony A. Garganese, City Attorney for the City of Winter Springs, Florida Signed'and delivered in the A L.D. PLANTE,INC., a Florida corporation presen e)of the following esses: (Owner) At. 4%firlir 1r7�Q Signature of Witness Michael C. Plante, President LAWRENCE R. STEINER Printed Name of Witness 0/y4 ___ Date: J2 / 3 `AI_ Signature of AA Y R. STEINER Printed Name of Witness Signed and delivered in the STANDARD PACIFIC OF FLORIDA GP, a presence of the following witnesses: Delaware corporation(Developer) / u��V• B Si' ..( fft / P 'n fame/Title: .s1b+� C�.. L��..lLs -1� r'�srifi Printed Nime of Wi tn 1 Da -. R -i,� 2-Z- 2.4►! hLi1 _� . 4.Sirs rev , ' d Printed Name of Wi Charene Agreement City of Winter Springs and LD.Plante and Standard Pacific of Florida Page 4 of 4 x 1.. s _ ,,,,,44,\ , „, „„ z `# - �m' " f0-, p f.,,,,,...,it.,, ,,,,,*-4",,S: 1., 71,1E3e Awexe0 c,1Lc't)"I * ; ' -7'7'':::;;'. -'-,-;i7,4 r.....�er ,A y a ,mot+ + -, f+vf oOtq 16;253 r, r : ..� r#3'" `k.t.7. 8 a § '•�., ,. 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