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771-Logan Heights" ~ ': 1999 Atj~ -9 P~I 3:35 Prepared by and return to: James H. McNeil, Jr., Esquire Holland & ~ight LLP 200 S. Orange Ave., Suite 2600 Post Office Box 1526 Orlando, Florida 32802 ....................................... {SPACE ABOVE FOR RECORDING PURPOSES} ............................ LOGAN_HEIGHTS AGREEMENT THIS A REEMENT ("Agreement") is made and entered into this da~ , , t ' e ' c., a a i O t p Inc., Trustee, both whose address is 1011 North Main Street, Suite 6, ~ssimmee, Florida 34744 (collectively the "Owner"), Vestcor Fund ~, Ltd., a Florida limited partnership, whose address is 3020 Hartley Road, Suite 300, Jacksonville, Florida~ 32257-8205 ("Developer") and the City of Sanford, a municipal corporat~n~ organized and existing under the laws of the State of Florida ("Cit~'), wh~e: address is Post Office Box 1788, Sanford, Florida 32772-1788. RECITALS A. The Developer has proposed to develop certain real property o e~y the Owner located in the City of Sanford, more specifically described in Exhibit "A" attached hereto and inco~orated herein (the "Property"). The Developer has the authority to obtain this Agreement with respect to the Property. B. The Developer ~led a site plan prepared by Noah Beach Engineering dated April, 1999 and last revised July 20, 1999 (the "Site Plan") with the City of Sanford for the development of the Property to be known as Logan Heights Apartments. The proposed development consists of approximately twenty-two (22) acres to be developed as a 360-unit multi-family residential development (the "Project"). 1 C. The Property is currently subject to easements in favor of the City of Sanford as recorded in Official Records Book 1170, Page 619 and Official Records Book 1170, Page 628, both of the public records of Seminole County, Florida (collectively, the "Easements"). D. The Developer and Owner previously requested that the City fezone that certain 5.33 acre portion of the Property which is zoned MR-2 to a zoning designation of MR-3. The requested rezoning has been reviewed by the City of Sanford's Planning and Zoning Commission and the City of Sanford's City Commission, and all public meetings required by the City of Sanford's land development regulations and State law have been held. The City Commission approved the rezoning of said property to the MR-3 designation on August 9, 1999. E. The Site Plan has been reviewed by the City of Sanford's Planning and Zoning Commission, and all public meetings required by the City of Sanford's Land Development Regulations and State law have been held, and said Site Plan was approved with conditions on July 15, 1999. F. Owner and Developer have previously requested that the Sanford City Commission vacate and terminate the Easements and any other easements whether recorded or unrecorded, which are in favor of the City and which encumber t~ Property. G. On August 9, 1999, the City Commission approved the vacation of t~i~ Easements and any other easements benefiting the City which encumber Property, and the abandonment of those certain existing water and sewer mam~ located in the Easements and on the Property. H. The development permitted by this Agreement is consistent with the City of Sanford Comprehensive Plan and the City of Sanford Land Development Regulations, (the "Land Development Regulations"). I. Developer has contracted with Owner for the purchase of the Property Owner and Developer anticipate that the closing on the Property will occur during the month of September, 1999. The date that the deed conveying the Property to Developer is executed and delivered shall be considered the closing date (''Closing Date"). Accordingly, in consideration of mutual benefits and public interest and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, it is hereby AGREED and RESOLVED by the Mayor and the City Commission of the City of Sanford, Florida, that the Property is allowed to be developed pursuant to the City of Sanford Land Development Regulations and subject to the following terms and conditions, with which the Owner, Developer and the City agree: 1. Recitals. The foregoing recitals are incorporated herein as though fully set forth below. 2. Development. Pursuant to and consistent with the zoning and Future Land Use Map designation of the Property, the Developer shall be entitled to develop 360 multi-family dwellings on the Property in accordance with the approved Site Plan and all applicable City Codes and the Land Development Regulations. 3. Roads. a. On the Closing Date, the Owner shall convey to the City by separate instrument its fee simple interest in the real property described in Exhibit "B", attached hereto, which said property shall be utilized by the City for public ingress, egress and utilities (the "Roadway Property"). Prior to the City's acceptance of said real property, the Developer shall provide evidence of clear title to same and the Developer shall provide to the City a Phase I Environmental Assessment that is satisfactory to the City. b. Access to the Property will be by Rolling Hills Boulevard z which will be located as shown on the Site Plan, and which is wholly contained within the Roadway Property. Developer shall be responsible for the permitting and construction of Rolling Hills Boulevard from Lake Mary Boulevard north for approximately 935 linear feet to the point where the entrance of the development will be located (the "First Segment"), as shown on Exhibit "C" attached hereto. The remaining portion of Rolling Hills Boulevard as shown on the Site Plan shall hereinafter be referred to as the "Second Segment" and "Americana Boulevard" as shown on the Site Plan shall hereinafter be referred to as the "Third Segment." c. Upon conveyance of the Roadway Property to the City, final Construction Plan approvals for the First Segment and required jurisdictional permits for the First Segment being secured, the City shall issue to Developer a right-of-way permit so that Developer can construct the road improvements to be located in the First Segment. d. Developer shall be responsible for the cost of designing, engineering and submitting applications with application fees, to all applicable jurisdictional entities for the permitting of the roads to be constructed within the Second and Third Segments; however, Developer shall not be responsible for the construction of said roads. The Developer shall design said roads in accordance with the City's Land Development Regulations and shall address all design issues including but not limited to; wetland mitigation ratios, storm water treatment and attenuation, 100-year flood plain compensating storage, and floodways. Developer shall make good faith efforts to obtain said permits; however, Developer makes no representation or warranty as to whether the appropriate governmental entities shall issue said permits. All conditions provided for in said permits, including but not limited to wetland mitigation requirements, shall be the sole responsibfiity of the City. e. The Developer shah obtain all required inspections from the City and submit all required documentation (including maintenance bonds) for all work completed in the rights of way in accordance with the City's Land Development Regulations. These roads shall not be opened for use by the general public until a final Certificate of Completion for said road has been issued by the City. 4. Drainage. a. Developer shall construct, own and maintain that certain C~ retention pond (the "Pond") located along Rolling Hills Boulevard, c~ -.i ~c as shown on Exhibit "C". Developer shah design and construct the m ._ c~ Pond so that it will accommodate all the drainage created by the z -- Developer's construction of the First Segment and the future ~ ~' construction of the Second Segment. The design criteria for the c~ .~ drainage shall meet the City's Land Development Regulations. o -:- c~ Developer shall grant to the City an easement over the Pond area ,- -- m~:~ for said drainage. -- b. On the Closing Date, Owner shall convey to the City by separate instrument its fee simple interest in the real property described on Exhibit "D" attached hereto, which said property may be utilized by the City for a retention pond for the future construction of Americana Boulevard as shown on the Site Plan. Prior to the City's acceptance of said real property, the Developer shall provide evidence of clear title to same and the Developer shall provide to the City a Phase I Environmental Assessment that is satisfactory to the City. 5. Utilities. a. The Developer shall be responsible for the relocation of that portion of the existing sewer force main currently located north of Lake Mary Boulevard that runs through the Property as 4 shown on the Site Plan. eveloper shall relocate said force main install an 18" sewer force main within the Lake Mary Boulevard right of way in the event the City has not implemented it's force main construction project as part of the County's reconstruction of Lake Mary Boulevard prior to the start of construction of the Project by Developer. City shall reimburse Developer for the additional cost of enlarging the force main from 12" to 18" for that portion of the force main to be located in the Lake Mary Boulevard right-of-way. Reimbursement shall be based upon the best bid acceptable to City s based upon at least three (3) bids obtained by Developer,, ~aich acceptance and approval shall not be unreasonably withheld. Said reimbursement shall be made by City within thirty days of Florida Department Environmental Protection clearance. Developer shall be responsible for the construction of the 12" sewer force main north through the adjacent property, which is currently owned by Owner, as more specifically detailed in the Site Plan (the "City of Sanford Exclusive City Services Easement Area"), and b. ~he ~eveloper shall be responsible for the relocation of that portion of the existing potable water main currently located north of Lake Mary Boulevard that runs through the Property /u,~. as shown on the Site Plan. The Developer shall be responsible for the construction of the potable water main along the north Lake Mary Boulevard right-of-way and within the City of Sanford Exclusive City Services Easement Area as shown on the --. Site Plan. In the event the City has not implemented it's water _x -_ ~.~ main construction project as part of the County's reconstruction c~ of Lake Mary Boulevard prior to the start of construction of the co Project by Developer, ]~e City shall reimburse Developer for c~ .-~ .=-- the cost expended by Developer in constructing the potable water line in the Lake Mary Boulevard right-of-way and the City of Sanford Exclusive City Services Easement Area. Reimbursement shall be based upon the best bid acceptable to Ci y as based upon at least three (3) bids obtained by Developera ~ich acceptance and approval shall not be unreasonably withheld. Said reimbursement shall be made by City within thirty days of Florida Department Environmental Protection clearance. c. Prior to August 9, 1999, Owner shall grant to City easements for the relocation of the sewer force main and the potable water line within the City of Sanford Exclusive City Services Easement Area and a second City of Sanford Exclusive City Services Area, located adjacent to the Lake Mary Boulevard 5 right of way, as described in Exhibit F, attached hereto (the "Second City of Sanford Exclusive City Services Area"). d. The Developer shall obtain all required inspections from the City and submit all required documentation (including maintenance bonds) for all work completed in accordance with the City's Land Development Regulations. 6. Bifurcation of Avvroval Process. City agrees that the approval and permitting of Developer's Project shall be separate from the permits and approvals applied for by Developer related to the future construction of the roads to be located in the Second and Third Segments. Developer hereby agrees that it shall pursue the preparation of engineering plans and the submission of applications for the permitting of the construction of the road to be located in the Second Segment and the Third Segment, concurrent with Developer's construction of its project on the Property. Developer shall also agree to promptly respond to all requests for more information made by any applicable governmental entity related to the permitting of the Second Segment and the Third Segment (the "Permitting Authority"). So long as Developer has proceeded in good faith and in a timely manner with the preparation of engineering plans, the making of application for the permitting of the roads to be located within the Second and Third Segments, and has promptly responded to requests for additional information by the Permitting Authority, City shall not fail to issue additional approvals, t~ permits or certificates of occupancy or suspend or terminate Developer's right ~ to proceed with the construction of its Project, based upon any delay or failure to obtain the permits and approvals for the Second and Third Segments. o 6. Size of Units. Developer shall be permitted to construct apartment units with a minimum size of 670 square feet. 7. Vacation of Easements. On August 9, 1999, the Sanford City Commission voted to approve Ordinance Number 3500 , thereby vacating the Easements and any other unrecorded easements encumbering the Property. Developer shall grant to the City on the Closing Date separate temporary Twenty Foot wide easements centered upon the existing sewer force main and the water main over that portion of the Property where the mains are currently located, until such time that the mains are relocated and operational, pursuant to this Agreement. Said easement shall include the right of ingress and egress for maintenance and repairs, shall not be recorded, and shall be held in escrow with the City Attorney until such time that the mains are relocated and operational, pursuant to this Agreement. At such time that the mains are relocated and operational and a City approved Bill of Sale is recorded in the public records, conveying Developer's interest in said mains to the City, the temporary easement shall be deemed to be terminated and shall be delivered by the City Attorney to the Developer. 6 L Witnesses: OWNER: INVESTMENTS, INC. 2'_',, Name:BVeal ~-~Wt_~' President Title: Signature Print Name: ~//~'~ F~_-S~A/ (CORPOMTE SEAL) c-7 r,~ '~;>:;~ r,,J"l cqu~, 8 Witnesses: DEVELOPER: VESTCOR FUND XI, LTD. By: Vestcor Partners XI, Inc., as sole general partner Signature _ Na~ten Packard Print Na e: - ', ~ Title: ~ ~ ~~ The foregoing instrument was acknowledged before me this/~ ~ day of ~2 ' , 1999, by KRISTEN PAC~RD, the ~~. of Vestcor Partners XI, Inc., as sole general partner of ~STCOR FUND XI, LTD., a Florida limited partnership, on behalf of the partnership who is personally known to me or has produced ~)~ ~/~s identific ' n. (SEAL) ~ ~~~ P~Name: Nota~ Public: 10 OFFICIAL RECORDS BOOK PAGE ~ ~0-~ ~°~- ~ 37111518 oo .SEMINOLE CO. FL ,. ~ ~ OFFICIAL RECORDS ! BOOK PAGE ~'~ ' ° .~ 371 I1520 .0o .-J ,. .~ ~ ' ~ SEHINOLE CO, FL O~,, 0 '~' ~ '~. o Zo~ ~ · ~: .. = ~. -L~H ~ ~ ~ 0"~ ~ ..0~ ~ ' ~ o~ ~ ~ .. -, ~ L]FFIC~AL i~EtORDS ~-'~,%o~ c4 BOOK PAGE ~oz~ .' ~, ,~. ~m~~ SENmOLE CO. EL ~ ,.~