Ordinance 96-1316ORDINANCE NO, 96 1316
AN ORDINANCE OF FEE CITY OF LONGWOOD, FLORIDA,
APPROVING THE ENTERING INTO A DEVELOPERS _
AGREEMENT WITH ERM DEVELOPMENT CORPORATION
FOR GRANTING AN EASEMENT OVER CITY PROPERTY FOR -
THE PURPOSE OF USE BY DEVELOPER AS A PLATTED
PRIVATE STREET. -'
WHEREAS_ tite City ofL.ti w d has instilled a drainage conveyance fidlity witbiu the
,,tbj— City property (d—nbad by Exhibit B, aL.,,F,d hor.to), snd
WHEREAS, ERM Davclop.'. C.Fliomti.n ttlie Developer) desires ti secure a i eanemwt
--hi, Ctity-1,-yE, the purpose of use by die Developer asp platted private N—Land -
WHEREAS rho Developer wishes t. corer into a Developers Agreement with the City
whereby neither rho rebrenced meet nor it. City', drainage faalities v 11 oltimataly become the
repair slid/., mtim—tt— r,,V-,ibility.Ube City,
NOW, THEREFORE, BE IT ORDAINED BY I'HE CITY COMMISSION OF THE CITY
OF LONGWOOD, FLORIDA as Pollows:
SECTION 1, The City C,-,dssiou hereby spproven the Agreement which is studied
heroc. as EJ bit "A" and tiwhoii— the Mayor to b—,tb, said agreement on b,Italf,f the City of e
Longwood. -
SECTION II, CTESELLCSS. All ordinances or parts of.rdwances In-ttlliN with nuy v o
of the provision, ofthis ordlnanee arc hereby ,.peeled during the terns of this o,dinuncc
SECHONIII SEVERABII,ITY175 . Ifeny section or V.rti.n ofs section .Ctbis
ReWsn co: city of Ior� d
U- C. m eve. d
longcraod, FL 32750
OW,, — 10 I,- I " I 6
fl,, 2
Ordvsimce proves so De invalid, iuilaWrfi�l, or i�nwn.n�anional, it shall noe De liuld �o invalidate or
S--, IV EL CIIVC1-17 IWIIA, flm, imal d
I, h, Ci, CoaN, City M I g,,,,d Florid,
FIR.sr RI AIANG
M COND RI
P—d d, of D
1996
Minor
City of W I, Fl.dd,
d. i I—dq Drily.
—Cill
uie
U_,EVd'I.OpFA AGREPMENT FO,�jLONGWODD C'L,UO/A E '
CONES1—o _o£A D CRANT OC
FNT_PVP,LO_
xhxs P Ea AGRAND EASFAE and sn , made eered
into as b, th l f c✓i Pday Gf5 by — betweery
ItRM DEVELOPMENT CORPORASS Plorida corporat.i on, whose address
is 2973 W. State Road 431, 9400 Longwood, Florida 32779,
hereinafter referred to es Developer', and the CITY O1 w '
F—DA, a politics]. ,ubdi.vi,i— of the state of F—ib, who
address is 195 W. Warnon Avon Dogwood, F—ida 32r ,
hereinafter referred to as city,,
W.......5......a
WH_REAA, Developer it currently in the process Df
seeking to plat and d-10p Longwood —h, a private residential
development Iocdted in the City of LDngwood, Florida; and
WHERCity des.ites to insure that the punned
privately awned streets and surface wa tmr ma na gament eyetem
within Longwood Club may be Operated in a fashion compatible anfl
comparable to etandacds for publioly mdrntaaned streets and
systems, and to in.,— that such street., and systems do not
ultimately became the repair and/or maintenance re sponsibi.lity of
City; and
WEEREAS, Developer is presently ffie paroha ser sander
Contract to Obtain tee simple title to that Certain parcel of
real property ,_tasted in Longwood, Scm_nDla County, Florida,
more particular dewor i.bed on the atta,hsd -1—it A(—
P—perty); ana
title to that certain 50' parcel. of real property situated in
Longwood, Seminole County, Florida, Laid parcel presently being
used as a drainage conveyance facility by the City, which part.
o£ teal property is more particular described Dn the attached
W.hibit D(City Property), and which City PI.P.bty lies within t
proposed plat for Longwood Club; and
WHEREAS, Developer deeires to secure an easement floe
City, —d City desires to grant. to Dnveloper an easement over
oo1.—tiv.ly oallwd "the Subject Property", enoompass the en -,
1e 1 d.... iption for the proposed private res,id—t.ialcommunity
known as Longwood club , and
OHERL'AS, the Developer, by the assurance.. contained
here wishes to obtain the City. approval of Longwood Club as
a gated tommunity(with private streets and service water
management system) in dtcord—t with and subject to the approval
of the City Commie..ionars of the city Df Longwood, F1ori.da(the
„City„l
NOW, THWRF.FON , in coneidera lion of it,,. promisee,
covenA— and agreements herein Contained, and other goad and
valuabl¢ cone ideration, the recmipt and su£EiCiency CC which I.
hereby acknowledged by the parties hereto, Ueve Soper and city
agree as CC11ows:
SECTION 1 HECITAIC The recitals set forth above a
true and corraot and forte a material p rt Cf thas gr ement upoi$,i
which the parties have relied.
SECTION t. -AgMEum Ex CTmv Evci>OPER.
City hereby grants to Developer, its succes..ors and/or
assigns, an eCtl... , perpetual easement over, through and
aeroes City Property ECr the purpose of CCnscructi , repair and
maintenance of a private street within Longwood C1 s set
forth on the final plat of LCngwoed Club to be submitted by the
DA1tlbpe1 and approved by the City, and within said City Property
U�veloper shall further pmrfor. all unde..... ,1 pipl end
construction For all drainage r q xed und.f —d p vat. It.. ,
pursuant to the Construction standards established by the City.
All of said flrainaga feoilities, equipment and piping CCnsxructed
within the City property under the proposed private street within
Longwood Club shall., after Completi— cT CCnst... taon pursuant to
City standards, bo repaired and maintained by the City at. the
exp¢nse of the Developer, its ¢uecessots and/Or assigns,
i.,luding thm Longwood Club H—liwn¢rs A.,soc cation, Inc., as
t urther set forth in this Agreement. This Agreement will expire
twelve(12) months after its adoption, unless the sa bjeot roadway
Duet the ....sent area i., Constructed within said tame period.
The City of L g , at its sole detmrmination and
d.tiscretion, shall have the authcr.ity to maintain and repair the
drainage easement, pipes and related £aoilities. The cost.
associated with all marntervance and repairs shall be paid by the
Longwood club Homeowners Ashoeiati ne and 'hall be an
obligation of each lot owner in the subdavi�.ion. Said costs
sha11 include the comet of remov g and cep laelnq the roadway, ifi
necessary. The Longwood club Homeowners Association, Ina. she 11
Dell a special meeting within 3e days of receipt of an invoice
for the costs o£ any repair or ma>ntenan e, and the As ... iation
shall declare a special assessment to pay the cost, of the rapers
or ��intenance within a pesloU of tine nut to exceed twelve ('12)
months unless wrrttlh authorization iS veoei—d from the City of
Longwood to extend the period for repayment. Said special
assessment sha11 not be rbgljl.d if the Association has the
ability to pay far the maintenance or repairs within 30 days Df
the invoice out of the general revenues or Special Foad Ass etve
A-11.e1ts over ana above the 11- necessary tot the repaving of
the roadways on a once every ten(10) years baei,. Hpon the
fa f.lura of the Developer, its end assigns, or
Homeowners Association to c ply with the p'rovilione o£ this
Seotion, the City - Longwood may file a It,,, for the amount of
the costs of the maintenance or repairs upon the Homeowners
Association common property and the property of each let owner in
the Longwood Club Su bd.ivi.slon. The foregoiny requirements shall
be set forth a, a part of the oeclaratlon o£ Covenants and
SECTION 3. T,S, �a NS RF_TE N {+,ONDS T RE'M£SN
PRIVATE.: C CS'TI MNDA. The final plat of t.
Subject Property, to be submitted by the Daveloper and approved-"'
by City, mill refl.eot that all internal streets, entranoe geT.es in
shall be platted as a paste Tract "All. TllIt R an
B sha11 be awned by the -119 .od club Homeowners Aeso
In , no .pr fit c p ati.. estab_ished under the la
.,fate of Flori.da(the "A..Dciation"). The members of th
association sha11 consist of ell ..Here of platted Lots
.f Seminola county, Florida subsequent to the platting of the
Subject Property, which Declaration sha11 establish easements
Developer agrees that all private wads and other improveiaents to
be constructed on Tract e shall be constructed by Developer in
accordance with city stand —. The Declaration shall further
r equine that Che Association may not seek tD dedicate Tract A
and/or Tract "e to city, Dr regnest City to assume maintenance
responS.ibi.11ti— far improvements on iraot. 'A and/or Tract e ,
without prior approval and written consent of all Owners of Lots
in the Subject Property. Such approval and written consent shall
not require the City to assume nai.nt enance responsibil sties
without the consent of the city.
S-TION 4. AS _ Among other respons ib.ilitie91
the Declaration shall regaire The--bliehment of mandatory
Owner assessments by the Ass.—tion The method of assessment
shell provide the 1ags1 right for the Aesocration tc i.mposa liens
against Owner. of Lots, if any payment of any assessment i., not.
made. Col.leot.ion Of assessmen nd enforcing the payment
thereof, shall be the responsibility of the Assor.iation and shall
not be the responsibility of city. The assessments impo.=,ed by
the Assor,.i.at ion shaYY not relieve owners from any tar. , fees,
charges, or assessments imposmd by City or any other yovsvnmental
scc2inN s. Rn,„5p{iVE=„_.,_
Aesooiatson shall inrti-ally oo-leaf Forty One and No1—
D011ai's($41..00) per year from each Owner as g eb41 and Special
Road Reserve Of which Eighteen and 60/l00
oollar.(sla—) per unit pee year wi11 be aaeAosited into a
Special Reserve A-- t0 be establll— by the Tw..oclation at a
financial inst itutron with Defiles in L nq Dod, Seminole county,
Florid.. The sums deposited in the pedal Road Reserve A...0 bt,
together with interest accrued thereon, may only be utilized by
the Association for maintenance Df the private roads on Tract
B At such time as the sums held in such special Rescrve _ —
Account reach T... ty Thousand and N.1— Dollars (s].O,000.Oo)(th,.,i
"Maximum Required Amount'), or an amount equal to the comet of
resurfacing all of the roads i,, the abbdi—i— ee established by
the highest of three(3) bids obtained fov resurfac ing, whichever
a qr .ter, D further assessments Dollect,d by the Association
shall be required to be placed in this .Special Reserve Account,
unless and until the x..bining b.11— in the Special Rese..ve
Account declines below the Maximum Required Amou hereupon a
portion of subsequent ssse ssments shall be deposited anti.]. the
Special Resexoe Aeceunt again contains the Maximum Required
Amount. such subsequent assessment., shall ba in an amount
sufficient, when collected over several years, to increase he
Special Reserve Account to the Maximum Required Ameunt pr i.or to
the next scheduled major road and drainage maintenance and
repaving. The D-1,11tion shallrequire that, on an annual
basis, documentation. shall be .submitted to city of Longwood,
Florida by the frnanci.al institution maintaining such p ia1
Reserve Aecou , sufficient to confirm thh exi.stmnce of such
special Rcserve Account end the funds oontaincd therein.
SC 1- 6. RNN�A.LS..S��_e. The peclaration shel1.
require that the Association retarn a registered engineer —,
,sins good enginemrin4 Practices, shall —b—Ily inspect the
improvements I-- on Pract llaTd Tract 'B and review the
maintenance thereof. In the event such registered engineer
determines there are. any needed repairs, such repairs shall b _
oommenced by the Aseooiat l.an wi.tnin six (60) days following i
receipt o£ the fi al written repart of the registered e gineer.
Such repairs shallbe completed as e ,d.i.t' =1.y thereafter as
reasonably possible. -pies of the. registered engineer's annual
written ceporte sha11 be submitted to city of Longwood within
fift—(15) days following delivery of e,ch written repart to the
Association.
Deolaration she 1I sp,,,ifi.cal.ly r q nd the Developer shall
require in its contracts with builders, that all s,bseq,e.nt
contracts regarding sa).e of Lots within Longwood Club, (including
x esa les), incorporate the. following disclosure,
of P oad and D m Pssenent Notice rsva,,t„e_R ra�nau
M,,e intenance_As_s�,,ments and Reserve_ Account.
Prw=pective purcheeers of Lots within Longwood Club
are hereby notified that the private roads, drainage
and drainage easement of the City of Longwood, existing
and to bm oonxtructed, in Longwood C1,b must be
maintained, resurfaced and repaired by the A—biation
a., more particularly desoribed in the Declaration of
Reservations for L ng od Club os reworded in O.R. Book
page Public Records of Seminole
County, rl.,id,(tht IN-1 ... ti') . Ilh. assessments
11 past, E. placed into . —p.T.t, reserve
.t.—Tt, i. —d., I. Create a ....... .
repave alt roatls in Longwood Club —1,
The As�ociat ion .hall annually have the private rO
".E—E by , —gi—Nd 0101 ... — and —11 r.paac any
dlfiti—i— noted by such engineer usLng the reserve
funds. This notice —11 be i,,.I.d.d ih each
contact t and/or resale —,ti, I. it,. sal. or
resale
"' " , 'It .. ....... ..... .. appropriate."
SECTION 8. The --p., shall
and the Association 'tall manta entryway q—,
that —11 b. equipped with an audio override device t.
emergency access t. the ubdi...ion by fire/rescue, sheriff
and Other --g., resp. ns p .... hh.,. such ..di. --id.
-- shall be I.C.it— t. and, p.,, —i—, --d acceptable
by the City of qd 11— & R—S, Service Di,i,l.S prior to
f the gates.
SECTION v. —UATJ—
(A) The O. its suavessors and/or
the extent and limited to (1) —, time during wMIii, and (ii) the
proportional share to which, the D .. l.p,, h.. .. ownership
interest in il—, uA and V) and th,, A—iCti., hh—by
--ly hold — City harmless f,.. any east of maintenance and
re.onstructron of, or E— liability related t. ., stemming fr
Tract d/., Tract "E".
(E) The Oevo Lip..r, its and/Cr assigns,
aupresaly indemnify the city for Nny tort 1. i.ability related I.
stamm�ng from Treat - Fd/or Tract 'S .
s ECTION to ASAOCS u PR xNP ESTTES TO BE_ ✓
SET FORTH IN ARTSCEN OF TF-RPOTATION. The A,ti—S of
Incorporation of the Assoc i.ati.on sha11 set forth and de,i.gnate
all of the privileges and duties ae signed to the A.11—idtion
through. th.i.a Agreement. Such privlle.g es and duti.as shall either
he specifically set forth in the Articles if. Incorporation or
inoluded by mean, of specifie reference to thi., Agreement,
—TION '.11. .,.,.Lp_ IE--ERl_VILGGE. The
0avel.opar and the Association understand and de Clare the upon
any default in any of foregoing reryuiC—Nt,, by a lb, th¢
Developer 11 the Association, the City, as its option, shall
first proe.tide written notice of N d.fa,lt to oeveloper and the
Association. If the stated default is not --d within
twenty(20) days it,, receipt: by A.,soC.iat.ion and F--per of
such written It if such 6ef'1— may not rodsonNbly be
oared within Such twenty(20) day period, if Uevel,oper or
Association do not Cemmen— to 111T such default within such
twanty(2C) day period and diligently Continue to cure N—h
default thereafter, then City may r..— the authorize tian for
SECTION IS. =„GR=P,ME This Agreement
constitates the entire aqx Bement of the parties with respect Of
the subject matter hereof and may not be modified or a ded .. -
-Pt by a written instrument equal. in dignity herewith I—
.C.—PR by the parties to be bound hereby. _
SECTION 13. tt£AD,IN,G .. A1l. sactiens and descxipcive
head.i.ngs in this Agreement are inserted FIT Convenience Dn l.y, and
shell not af£e¢t th¢ ¢unstxu¢tion or interpretation hmreof.
S ECPION 11. FORCE NA3SNRE. I¢ the event any party
hereunder fails to satisfy A requirement imposed in a timely
manner, P.O to a hurricane, flood, tornado or other Act of C,od or
force m,jeure, then said party should not be in default of su.h
repairs/improvements. The ultimate responsibility for
construct i¢N and maintenance as met forth eI... here in this
Agreement is not altered by this provision.
SECTION 15. BINDING tFEECT. 'Phis Agreement shell be
binding upon and inure to the benefit of the successors in
interests, transfei¢es and ass i.gns of t e parties.
(A) The ---per sha11maintain in its plane of
buei-- or at the Assobiation offices ell. books, documents,
PIP— and other evidence pertaining to the Special Swerve
Account required hereunder and the engineering inspection reports
required pursuant I. this Agreement.
(B) Such records shall be available at the Developer`s
It— oP business or at the Aseociet ion offices at a11 reasonable
times here.ft or audit or .inspection by the City or other
duly nut —zed representatives.
SECTTCN 11NCTI Whenever either party d vdeco _
glue notice to the other, notice may be sent to:
Eor the City: City Administrator
West — Warren Pvenue
Longwood, FT, 3275d
with a py o. ity A
est w ue
Lanywaod, Fi.r 32/TO
for the developer: TAM 0 velopment corporation
9')3 W State 2 tr, g400
Langwaad, FL 32]]9
for the Association. Songwood Club H wners
oad 414, 1—
LongwoodStFL. 327
/9
with a copy to. Steiner, P.A.
797 Houglae A
A1tamonte ep,ingee Florida 12111
Either o an e parties may change, by .1itt
;, provided
herein, thehaddress and/or persons forreceipt of notices.
HF TSON 3A. OE_pjyTE. This Ayreement sha11 take
effect on th, date that this Agreement is fully executed by the
parties.
fa W11-1 wif£RECF, thm parties have executed this
Agreement on the tated below their s g—t—,T.
cagnea;-eea— aN�l ael.iverea
in �he presence✓/qs
/ `_� cxw tyT CPmHtjm coppoi+.xTroN±
Ty
Pri LLI MEI. AMFII, Pre.. ident
STATE OF FLORIDA
C.NFTx OF SE—N-A
this d Y ofg yf°"s eYkBLZ1MEgLRMdEDef b
of ERM Oevslopmen coXporati.F].orl.da corporation ebeha d'
the corporation, who is/ae peraonally known to m¢ n his
of or wh
produced e driver's licence a identi.fiaat iop.. -
/r
NLary Publio ----
My c ,Sion expires:
(Seal) 1
CTT
PY n�A Y
OF UONG100D, FLORIDA
STATE OF FLORIDA
COUNTY OF SEMINOLE
he for q q r ack 1 djj d ber e
this day of . 11h Yn'n b h lfGe Gf th y CITY
01' _ s
arOR D ho is%er¢ personally k to me or who hasOproduoed a
i�er e licence as id—ifi Ati..
dtsry bl
ezpirec:
THE NORTH 026.125 FEET OF THE SOUTH 921 FEET OF THE WEST 310 FEET
OF THE
NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 31, TO —II,
20 SOUTH, RANGE 30 EAST, SEMINOLE COUNTY, FLORIDA, LESS THE WEST
33 FEET FOR ROAD AND ALSO LESS THE EAST 166 FEET OF THE NORTH 599
FEET.
PARCEL 270
THE NORTH 71 FEET OF THE SOUTH 396 FEET OF THE EAST 165 FEET OF
THE WEST 330 OF THE NORTHWEST 1�4 UP THE SOUTHWEST 1/4 OF SECTION
31, TOWNSHIP 20 SOUTH, RANGE 30 AST, SEMINOLE COUNTY, FLORIDA,
PARCEL 27A:
THE NORTH 2E4 FEET OF THE SOUTH 660 FEET OF THE EAST 165 FEET OF
THE WEST 330 FEET Or THE NORTHWEST 1/4 OF ME SOUTHWEST 1/4 OF
SECTION 31. TOWNSHIP 20 SOUTH. RANGE 30 EAST, SEMINOLE COUNT',',
FLORIDA,
PARCEL 279
THE NORTH 264 FEET OF THE EAST 165 FEET OF THE WEST 5 CHAINS OF
THE SOUTH 14 CHAINS 05 THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF
SECTION 31, TOWNSHIP 20 SOUTH, RANGE 30 EAST, SEMINOLE COUNTY,
FLORIDA.
PARCEL 280
THE NORTH 907 FEET OF THE SOUTH 1060 FEET OF THE NORTHWEST 1/4 OF
THE SOUTHWEST 1/4 OF THE
31,TOWNSHIP 20 SOUTH RANGE 30
EAST, SEMINOLE COUNTY, FLORIDA, LESS E 380 FEET AND LESS
THE NORTH 734 FEET OF THE EAST 424 FEET.
PARCEL 28k
THE SOUTH 173 FEET OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF
_CTION 31, TOWNS P 20 SOUTH' RANGE
30 EAST, SEMINOLE COUNTY,
FLORJ04 LESS THE WEST 38G le"
cn l—le 33o f t t h t ue �t
B' t¢'t/ f S c ion 31 Township 7
Ranyef'Gn3acsY, S¢msnole. u>utty,�pi—id" thence run t
o¢o Cent, tier ve run �a¢t 5o tees th n S
t EpS" OF 6a0TNNSSv4, thence xun dasf l:5rthe P - oFe
Heg i�nniny.