HomeMy WebLinkAboutPhillips, Bartholomew and Cynthia Developer's Agreement - 2018 01 08 i.,.i. du. . 2 U
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Prepared by and return to:
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Anthony A. Garganese, City Attorney
Garganese, Weiss & D'Agresta, P.A.
111 N. Orange Avenue, Suite 2000
Orlando, Florida 32802-2873
(407) 425-9566
DEVELOPER'S AGREEMENT
THIS DEVELOPER'S AGREEMENT ("Agreement') is made this qday of
- 14 2018, by and between BARTHOLOMEW D. and CYNTHIA D. PHILLIPS,
husban
and wife ("Phillips"), BARTHOLOMEW D. PHILLIPS, individually, and
41.9 METAL & AUTO RECYCLING CENTER, INC., a Florida corporation
(collectively referred to as "Owner"), and the CITY OF WINTER SPRINGS, a Florida
municipal corporation("City").
WITNESSETH:
WHEREAS, Bartholomew D. Phillips, individually, Bartholomew D. and
Cynthia D. Phillips, husband and wife, and 41.9 Metal & Auto Recycling Center, Inc. are
current fee simple owners of their respective portions of the real property legally
described in EXHIBIT "A," which is attached hereto and fully incorporated herein by
this reference ("Recycling Property"); and
WHEREAS, Bartholomew D. and. Cynthia D. Phillips, husband and wife, are
also the current owner of Seminole County Tax Parcel Id. #34-20-30-5AW-0000-
0340/0350, which is legally described on the attached EXHIBIT "B," which is hereby
fully incorporated herein by this reference ("Non-Recycling Property"); and
WHEREAS, Bartholomew D. Phillips is the principal owner of 419 Metal &
Auto Recycling Center, Inc.; and
WHEREAS, in accordance with. Section 20-259 (10) of the City Code, 419 Metal
& Auto Recycling Center, Inc. currently operates a secondary metal recycling business
for non-hazardous recyclable materials, and said business operation occurs on a
substantial portion of the Recycling Property("Recycling Business"); and
WHEREAS, subject to the terms and conditions of this Agreement, Owner
desires to aggregate the tax parcels of land described above as the Recycling Property for
purposes of identifying the land area that will be permitted to be used for the Recycling
Business in accordance with the requirements of Section 20-259(10) and for purposes of
planning the future redevelopment and improvement of the Recycling Property for the
Recycling Business; and
Developer's Agreement
City of Winter Springs
Bartholomew D.and Cynthia D.Phillips and 419 Metal&Auto Recycling Center,Inc.
Page 1 of 13
WHEREAS, subject to the terms and conditions of this Agreement, Bartholomew
D. And Cynthia D. Phillips desire to plan for the -future redevelopment and improvement
of the Non-Recycling Property; and
WHEREAS, Bartholomew D. And Cynthia D. Phillips, husband and wife also
desires to convey real property to the City for purposes of completing the "missing link"
to the Cross-Seminole Trail along and adjacent to State Road 419 as more specifically set
forth herein, and the City desires to accept said conveyance in accordance with the terms
and conditions of this Agreement; and
WHEREAS, Owner and the City intend, for the terms of this Agreement, to
memorialize their understanding and agreement regarding their respective interest,
expectations, and intentions regarding the aforementioned operation of a Recycling
Business on the Recycling Property, redevelopment of the Non-Recycling Property and
the conveyance of real property for the Trail "missing link" to the City.
NOW, THEREFORE, in consideration of the public purpose stated herein, and
the mutual covenants, terms, and conditions and restrictions contained herein, together
with other good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, the Parties agree as follows:
I. 11pneo The foregoing recitals are hereby deemed true and
S �rporation of Recitals.
correct and are fully incorporated herein by this reference.
I Trail ProperlyL,onveyance. Within thirty (30) days of the effective date of this
Agreement ("Closing Date"), Bartholomew D. And Cynthia D. Phillips (the
"Phillips") hereby agree to convey and donate at no cost to the City fee simple title to
the real property legally described on the attached 'EXHIBIT " which is hereby
deemed fully incorporated herein by this reference ("Trail Property"). The "Frail
Property is generally described as a 27-foot wide strip of land totaling approximately
1.36 acres more or less running along the entire boundary of the Tax Parcel Id. # 34-
20-30-5AW-0000-0330 portion of the Recycling Property and Noll-Recycling
Property contiguous to SR 419. The 'Frail Property shall be used for the Cross
Seminole Trail extension or such other public purposes deemed acceptable by the
City. There shall be no re-conveyance restrictions upon the Trail Property, and the
City shall be free to convey the Property to the State of]Florida, Sen-iinole County or
such other person.
2.1 The conveyance marketable title required by this Paragraph shall be by
warranty deed, and shall be free and clear of all encumbrances including,
but not limited to, mortgages, liens, easements and other encumbrances
that could affect the City's intended use of the Trail Property.
2.2 Closing shall be held in the county where the Frail Property is located at
the office of the attorney or other closing agent designated by City. At
Developer's Agreement
City ot'Winter Springs
Bail.holomew 17.and Cynthia D.Phillips and 419 Metal&Auto Recycling Center,Inc.
Page 2 of 13
City's discretion, the City may extend the Closing Date up to sixty (60)
days or may be extended by mutual agreement of the Parties.
23 The City shall furnish the Closing Documents for Phillips' review and
execution including, but not limited to, the Warranty Deed, Bill of Sale,
Assignments, Ownership and Lien Affidavit, Certificate of Non-Foreign
Status, satisfaction and release of liens or mortgages, and Closing
Statement.
2.4 The City shall pay the premium for the City's ALTA Owner's Policy 10-
17-92 (Florida Modified) Title Insurance Policy, charges for related title
services including but not limited to title or abstract charge, title
examination, and settlement and closing fee, the cost of recording
corrective instruments and Florida Documentary Stamps to be affixed to
the Warranty Deed. Phillips shall pay any fees related to providing any
required corrective instruments including, but not limited to, releases of
mortgages and liens which are necessary to convey the Trail Property to
the City in accordance with the terrns and conditions of this Agreement.
The City shall pay the cost of recording the Warranty Deed. Each party
shall pay their respective attorney's fees.
2.5 Real property taxes, special assessments and ad valorem taxes for the
year of closing and any other pro-ratable items will not be prorated and
will be paid by the City if necessary. Flowever, all real property taxes,
special assessments and ad valorem taxes for prior years shall be paid by
Phillips prior to Closing.
2.6 Phillips shall furnish to the City at the time of Closing an affidavit
attesting to the absence, unless otherwise provided for herein, of any
Notices to Owner or Claims of Lien ol'potential lienors known to Phillips
and further attesting to the unquestioned ownership by Phillips of the
Trail Property and further attesting that there have been no improvements
to the Trail Property for 90 days immediately preceding the Closing Date
for which payment has not been made in full, or for which payment has
not been secured or provided for, all in form acceptable to Phillips and
the City and the title company. If the Trail Property has been improved
or repaired within 90 days at the request of and authorization by Phillips
immediately preceding the Closing Date, Phillips shall deliver releases or
waivers of construction liens executed by all. general contractors,
subcontractors, suppliers, and materialmen in addition to Phillips's lien
affidavit setting forth the nanics of all such general contractors,
subcontractors, suppliers and materialmen and further affirming that all
charges for improvements or repairs which could serve as a. basis for a
construction lien or a. claim for damages have been paid or will be paid at
closing of this Agreement.
Developer's Agreement
City ol'Winter Springs
Bartholomew D.and Cynthia 1).Phillips and 419 Metal&Auto Recycling Center,Inc.
Page 3 of 13
17 At the Closing and up to ninety (90) days thereafter, Phillips and the City
agree to execute and deliver such other and further instruments and to
take such further actions as either of them or their counsel may
reasonably request of the other in order to fully implement the terms of
this Agreement and the closing thereof as long as said request is
consistent with the respective obligations of the parties as set forth in this
Agreement. Further, in the event the City re-conveys the Trail Property
to the State of Florida or Seminole County for trail purposes, Phillips
agrees to execute and deliver such other instruments and to take such.
further actions as the State or County may reasonably request in order to
fully implement the tennis of this Agreement and re-conveyance to the
State or County. This paragraph shall survive the closing.
18 419 Metal & Auto Recycling Center, Inc. hereby consents to the Closing
required by this Paragraph and agrees to support the Closing and not to
contest or challenge the Closing in any way whatsoever,
2.9 Phillips hereby represents and warrants to the City based on Phillips'
actual knowledge, without investigation:
(A) That Phillips has good, marketable, and indefeasible title to, and is
in possession of, the Trail Property, free and clear of all liens, security
interests and encumbrances, excluding only those (i) which may be
satisfied or released at Closing, (ii) to which the City's title shall be
subject as otherwise provided in this Agreement, (in) liens for taxes not
yet due and payable, and (iv) statutory liens not yet delinquent.
(B) That there is no condemnation, eminent domain, zoning, or other
land use proceeding instituted, or pending on the Trail Property.
(C) That there is ingress and egress to the Trail Property sufficient for
its current use.
(D) That there is no litigation or proceeding pending or threatened
against or relating to the Trail Property arising by, through or under
Phillips, and Phillips does not know of any basis for such action nor are
there any special assessments of any nature with respect to the Trail
Property or any portion thereof, nor has Phillips received any notice of
any special assessment being contemplated.
(E) That Phillips has full power and authority to enter into and perforin
this Agreement in accordance with its terms, and the completion of this
transaction will not violate any law, regulation or agreement affecting
Phillips.
Developer's Agreement
City of Winter Springs
Bartholomew 17.and Cynthia D. Phillips and 419 Metal&Auto Recycling Center,Inc.
Page 4 of 13
(F) That there are no: (i) pending litigation or disputes involving the
location of the boundaries of any part of the Trail Property-, and/or (ii)
physical interruptions or obstructions to physical access to any part. of the
Trail Property,
(G) That there is no hazardous waste located on or buried beneath the
Trail Property other than what was disclosed in the Phase 11 Subsurface
Investigation Report and Technical Memorandum Concerning
Distribution of BaP prepared by the Environmental People, dated October
13, 201.d. 'rhe term "hazardous waste" shall have the meaning ascribed
by Florida and Federal law.
(H) This Paragraph 2 shall survive the closing.
2.10 At closing, the City agrees to prepare and record a Satisfaction and
Release of Code Enforcement Lien and Notice of Termination of
Agreement pursuant to Section 4 of the City of Winter Springs Code
Enforcement Lien Satisfaction Agreement recorded in the Official
Record Book 7378, Page 858 of the Public Records of Seminole County,
Florida
2.11 At closing, the City agrees to prepare and record a release of the Trail
Easement which currently runs across portions of the vacated Old
Sanford-Oviedo Road now owned by 419 Metal and Auto Recycling
Center, Inc. pursuant to Section 8 of Easement Agreement between the
City and 419 Metal and Auto Recycling Center, Inc. which is recorded at
Official Record Book 7199, Page 747 of the Public Records of Seminole
County, Florida, However, 419 Metal and Auto Recycling Center, Inc.
hereby acknowledges and agrees that the perpetual utility and
ingress/egress easement set f6rth in the aforesaid Easement Agreement
shall remain in full force and effect for the benefit of the City.
112 Upon request by Phillips, the City will execute the donee
acknowledgement set forth in Internal Revenue Service Form 8283
acknowledging receipt of the Trail Property.
3. Nub Property Conveyance to 419 Reelding."The parties acknowledge that the
City is currently pursuing a property exchange with the State of Florida for purposes
of completing the missing link to the Cross Seminole Trail. The City anticipates
receiving a quit-claim deed from the State for the real property legally described in
EXHIBIT "EL which is attached hereto and fully incorporated herein by this
reference ("Nub Property"). If the City receives a quit-claim deed for the Nub
Property, the City agrees to convey the Nub Property to 419 Metal & Auto
Recycling Center, Inc. by quit-claim deed within thirty (30) days of the quit-claim
deed granted to the City being recorded in the Official Public Records of Seminole
County, Florida.
Developer's Agreement
City(if Winter Springs
Bartholomew D.and Cynthia D.Phillips and 419 Metal&Auto Recycling Center,Ine.
Page 5 of 13
4. Unity of Title of the RecyE!j�aja Pro)e � for R cli
palylqL&Eli!inI3usine-ss_Por pDees. Owner
acknowledges and agrees to fully comply with Section 20-259 (10) of the City Code
which requires that secondary metal reeyclers, recovered materials recyclers, and
similar recyclers of other non-hazardous recyclable materials must be on a
development site comprised of not less than ton (10) acres and not more than twenty
(20) acres, Therefore, subject to applicable requirements of the City Code and as a
condition of future development pen-nit applications submitted to the City for the
Recycling Business, the Recycling Property shall hereinafter be unified in ownership
and title for development purposes. For so long as Owner continues to operate a
Recycling Business on any portion of the Recycling Property, Owner further agrees
to not sell, convey, or assign any interest in the Recycling Property, which would
cause the loss of unity of ownership or title, without first obtaining the written
consent of the City. Nothing herein is intended to prohibit or restrict the Owner from
selling, conveying or assigning the Recycling Property as a unified parcel of land or
encumbering the Recycling Property with easements or other interests in land that do
not cause loss of unity or ownership of title. Further, nothing herein is intended to
prohibit the Parties from reducing the size of the Recycling Property unified herein by
written amendment to this Agreement if Owner desires to forego the Recycling
Business on any portion of the Recycling Property, provided the remaining portion of
the Recycling Property on which the Recycling Business will continue complies with
the minimum and maximum acreage requirernents of Section 20-259 (10) of the City
Code.
5® Continuing and Future CiDeration of the ReEjK!jMgjHjjgKjL Subject t o
applicable provisions of the City Code and the Unity of Title requirement set forth in
Paragraph 4, Owner shall only be permitted to operate the Recycling Business on the
Recycling Property.
6. Buffer Wall to Perimeter of Recycling Properly and Non-Recycling
Pr2pSrty, Owners agree to pen-nit and construct a screen wall, ten (10) foot in height
fi-orn ground level, on the Recycling Property and Non-Recycling Property as more
specifically detailed and depicted on the attached 'EXHIBIT "D," which is hereby
deemed fully incorporated herein by this reference. The wall design shall comply
with the Aesthetic Review package approved by the City Commission on January 26,
2009. The wall shall be completed in three phases, as shown on EXHIBIT I'D."
Phase I consists of wall segments that have already been permitted and constructed
on a portion of the Recycling Property, and have passed final inspection by the City's
Building Official. Phase 2 consists of wall segments elsewhere on the Recycling
Property that shall be permitted, constructed and passed final inspection by the
Building Official no later than: 1) commencement of construction by Seminole
County of the "missing link" of the Cross-Serninole Trail; or 2) within twelve (12)
months from the Effective Date of this Agreement, whichever occurs earlier. Phase 3
consists of wall segments that shall be permitted, constructed and passed final
inspection by the Building Official in conjunction with any future development of the
Non-Recycling Property.
Developer's Agreement
City of Winter slayings
Bardioloniew D.and C'ynthia D.Phillips and 419 Metal&Auto Recycling Center,lnc.
Page 6 of 13
7® Setback Reawire meats for the Non-Recycling Property. Subject to other
applicable provisions of the City Code and this Agreement, Owner shall be permitted
to construct buildings and improvements on the Non-Recycling Property with zero
front, rear and side setbacks.
8. Time of the Essence: Time, and timely performance, is of the essence of this
Agreement and of the covenants and provisions hereunder.
13® Representations of the Parties. The City and Owner hereby each represent and
warrant to the other that it has the power and authority to execute, deliver and
perforrn the ten-ns and provisions of this Agreement and has taken all necessary
action to authorize the execution, delivery and performance of this Agreement. The
City acknowledges that this Agreement was approved and executed in accordance
with the City's municipal home rule powers under general law. This Agreement will,
when duly executed and delivered by the City and Owner and recorded in the Public
Records of Seminole County, Florida, constitute a legal, valid and binding obligation
enforceable against the Parties hereto and the Recycling Property and Non-
Recycling Property in accordance with the terrns and conditions of this Agreement.
Owner represents that it has voluntarily and willfully executed this Agreement for
purposes of binding the Recycling Property and Non-Recycling Property, as their
individual interests may appear, to the terms and conditions set forth in this
Agreement.
10. Successors agA_Alsi
Ins. This Agreement shall automatically be binding upon and
shall inure to the benefit of the City and Owner and their respective successors and
assigns. The terms and conditions of this Agreement similarly shall be binding upon
the Recycling Property and Non-Recycling Property and shall run with title to the
same.
11. 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, and in Orlando, Florida, for all federal
disputes or actions which arise out of or are based upon this Agreement.
12, Amendments. This Agreement shall not be modified or arnended except by written
agreement duly executed by the Parties hereto (or their successors or assigns) and
approved by the City Commission. However, modifications or amendments that
only etTect either the Recycling Property or Non-Recycling Property, and not both,
shall only require the approval of the fee simple title owner of the property actually
affected by the modification or amendment.
13. Entire Aueement, Exhibits,. This Agreement and all attached exhibits hereto
supersedes any other agreement, oral or written, regarding the Recycling Property
and Non-Recycling Property and contains the entire agreement between the City and
Developer's Agreement
City of Winter Springs
Bartholomew D.and Cynthia D,Phillips and 419 Metal&Auto Recycling Center,Inc.
Page 7 of 13
Owner as to the subject matter hereof. The Exhibits attached. hereto and referenced
herein are hereby fully incorporated herein by this reference.
14. Severability, If any provision of this Agreement shall beheld to be invalid 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.
15. 'Effective Date. This Agreement shall become effective upon approval by the City
Commission and execution of this Agreement by the Parties hereto.
16. Recordation. This Agreement shall be recorded by the City in the Public Records
of Seminole County, Florida.
17. Relationsh' of the Particy the Term "Owner' Indemnification The
relationship of the Parties to this Agreement is contractual and Owner is all
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. It is understood by the Parties that when the term "Owner" is used in this
Agreement, it refers to the person(s) or entity(ies) that own fee simple title to the
particular real property that is subject to this Agreement. Owner expressly agrees to
indemnify and hold harmless the City and its employees, officers and attorneys
from any and all injuries or damages of any kind sustained by Owner and their
respective employees, contractors, invitees, tenants, guests or agents, if any, arising
out of or from any activity or business operation occurring on the Recycling
Property and Non-Recycling Property. Owner shall be solely responsible for
maintaining and securing their respective interests, as they may appear, in the
Recycling Property and Non-Recycling Property.
18. Soverehm Immunit-y. The City and its employees and officers intends to avail
itself of the benefits of section 768.28, Florida Statutes, and any other statute and
common law governing sovereign immunity to the fullest extent possible and
nothing contained in this Agreement shall be construed as a waiver of the City's
right to sovereign immunity under Section 768.28, or other limitations imposed oil
the City's potential liability under common, state or federal law. As such, the City
shall not be liable, under this Agreement for punitive damages or interest for the
period before judgment. Further, the City shall not be liable for any claim or
judgment, or portion thereof, to any one person for more than two hundred thousand
dollars ($200,000.00), or any claim or judgment, or portion thereof, which, when
totaled with all other claims or judgments paid by the State or its agencies and
subdivisions arising out of the same incident or occurrence, exceeds the sum of
three hundred thousand dollars ($300,000.00).
19. CQ 's Police Power, Owner agrees and acknowledges that the City hereby
reserves all police powers granted to the City by law. In no way shall this
Developer's Agreement
City of Winter Springs
Bartholomew D.and Cynthia D.Phillips and 419 Metal&Auto Recycling('enter,Inc.
Page 8 of 3
Agreement be construed as the City bargaining away or surrendering its police
powers.
20. InteLpLetation. The Parties hereby agree and acknowledge that they have both
participated equally in the drafting 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.
21. Third-Pary_gi
jhts. This Agreement is not a. third-party beneficiary contract and
shall not in any way whatsoever create any rights on behalf of any third party.
22. Specific Performance. Strict compliance shall be required with each and every
provision of this Agreement. The Parties agree that failure to perforrn the
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.
23. AAjttj2orng2LLfM. In connection with any arbitration or litigation arising out of this
Agreement, each party agrees to bear their own attorney's fees and costs.
24. Development 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 Owner or the City of the necessity of complying with the law governing said
permitting requirement, condition, term or restriction. Without imposing any
limitation on the, City's police powers, the City reserves the right to withhold any
new certificates of occupancy or certificate of completion for any building, unit or
improvement if Owner is in breach of any term and condition of this Agreement.
25. Default- Opportunity to Cure. Should the Owner or the City desire to declare the
other party in default of any term and condition of this Agreement, the non-
defaulting party shall provide the defaulting party a written notice of default. The
written notice shall, at a minimurn, state with particularity the nature of the default,
the manner in which the default can be cured, and a reasonable time period of not
less than thirty (30) days in which the default must be cured. No action may be
taken in a court of law on the basis that a breach of this Agreement has occurred
until such time as the requirements of this paragraph have been satisfied.
26. 'rermination. The City shall have the unconditional right, but not obligation, to
terminate this Agreement, without notice or penalty, if Owner fails to cure any
material default pursuant to Paragraph 25 of this Agreement. The City shall also
have the right, but not obligation, to terminate the Agreement if Owner permanently
abandons the Recycling Business on the Recycling Property, provided, however,
the City shall first deliver written notice and an opportunity to cure as set forth in
paragraph 25.0 herein, If the City terminates this Agreement, the City shall record a
notice of termination in the public records of Seminole County, Florida.
Developer's Agreement
City ol'Winter Springs
Bailholoniew D.and Cynthia 1).Phillips and 419 Metal&Auto Recycling Center,inc.
Page 9 of 13
27. Force Maieure. The Parties agree that in the event that the failure by either party
to accomplish any action required hereunder within a specified time period ("Time
Period") constitutes a default under the terms of this Agreement and, if any such
failure is due to any unforeseeable or unpredictable event or condition beyond the
control ot'such party, including, but not limited to, acts of God, acts of government
authority (other than the City's own acts), acts of public enemy or war, riots, civil
disturbances, power failure, shortages of labor or materials, injunction or other
court proceedings beyond the control of such party, or severe adverse weather
conditions ("Uncontrollable Event"), then, notwithstanding any provision of this
Agreement to the contrary, that failure shall not constitute a default under this
Agreement and any Time Period proscribed hereunder shall be extended by the
amount of time that such party was unable to perforin solely due to the
Uncontrollable Event. The extended time period shall be agreed to in writing by the
parties and said agreement shall not be unreasonably withheld by either party.
28. Notice. All notices, demands, requests, consents, approvals or other
communications (collectively, "Notices") required or permitted to be given
hereunder or which are given with respect to this Agreement shall be effective only
if in writing and delivered by personal service, or delivered to an overnight courier
service with guaranteed next day delivery or mailed by registered or certified mail,
return receipt requested, postage prepaid, addressed as follows:
TO PHILLIPS:
Bartholomew D. And Cynthia D. Phillips
212 Morton 1-ane
Winter Springs, FL 32708
TO 419 METAL AND ALJTO RECYCLING CENTER, INC.
Attn: Bartholomew Phillips
600 Old Sanford Oviedo Road
Winter Springs, Florida 32708
TO CITY:
Attn: City Manager
City of Winter Springs, Florida
1126 East State Road 434
Winter Springs, FL 32.708
or to such other address as such party shall have specified most recently by like
Notice. The attorneys for the parties hereto are also hereby respectively authorized
to give any Notice permitted under this Agreement. Any Notice given as provided
herein shall be deemed received as follows: if delivered by personal service, on the
date so delivered; if delivered to an overnight courier service, on the business day
Developer's Agreement
City of'Winter Springs
Bartholomew D.and Cynthia 1).Phillips and 419 Metal&Auto Recycling Center,hic.
Page 10 of 13
immediately following delivery to such service; and if mailed, on the third business
day after mailing.
IN WITNESS WHEREOF, Owner and City have set their respective hands on
the day and year first below written.
Signed, sealed and delivered in the BARTHOLOMEW D. PHILLIPS AND
presence of the following witnesses: CYNTHIA D. PHILLIPS, H/W
4,ctr6L',F---A 6Ld
Signature of Witness Bartholomew D. Phillips
L-CQVJ.A '?)RADLE
Printed Name of Witness
y
%Cthia D. Phillips
Sig rt re ofWitne
Date:
Printed Name of Witness
STATE OF FLORIDA
COUNTY OF SEMINOLE
The foregoing instrument was acknowledged before me this D day of
W 2018, .%lips and Cynthia D. Phillips as husband
in Srsona,,v
y kno
0 vil
or uc
and wife. be ersonall or produced'
as identification.
-
(NOTARY SEAL)
Public Signature)
zt7
(Print Name)
Notary Public State of
Commis"OGGIUM
Commission No.: CrG 1 5e 7&4
ExWos Dewmbw 16,2021
My Commission Ex-
p
Developer's Agreement
City of Winter Springs
Bartholomew D.and Cynthia D.Phillips and 419 Metal&Auto Recycling('enter,Inc.
Page I I of 13
Signed, sealed and delivered in the BARTHOLOMEW D. PHILLIPS
presence of the following witnesses: An individual
Bartholomew D. Phillips
Sir9ture of Witness
o9t,J A
Printed Name of Witness Date:
4�1 JAW,
Signae ofWjtncs4/
XU'k'J, Ci 1
Printed Name of Witness
STATE OF FLORIDA
COUNTY OF SEMINOLE
foregoing instrument was acknowledged before me this day of
2018, Bartholomew D. Phillips, an individual. He being personally
77-
kn'o'wrl tomebr produced A I as identifica n.
(K'05TARY SEAL) =
11,Signature)
FP 7,nt Name"r
CHMINA M GAPMD Notary Public, State of (r
commmion#GG 158764
Commission No.:
Exphs December 15,2021
%40,ft"t; Boded TIn Bud*NOWY SW*08 My Commission Expires:
Signed, sealed and delivered in the 419 METAL & AUTO RECYCLING CENTER,
presence of the following witnesses: INC., a Florida corporation,
By:
Sture of Witness U Bartholomew D. Phillips, President
OP-WA j.
Printed Name of Witness
Date:
Signa re ofWjtne" J
Printed Name of Witriess
STATE OF FLORIDA
Developer's Agreement
City of'Winter Springs
Bartholomew D.and Cynthia D.Phillips and 419 Metal&Auto Recycling Center,Inc.
Page 12 of 13
COUNTY OF SEMINOLE
The foregoing instrument was acknowledged before me this 0 day of
RECYCLI G CENTER Bartholomew D. Phillips as President of 41 -14ETAJL__& A—UT .
2018, Bart
INC., on behalf of sa d company. He is ,pally known to
me or produced as..identificati
(NOTARY SEAL) ----�---�
CjaryVIC"t
I nature)
(Print Name)
Notary Public, State of
Commission No.: CZTZ �1 4
YpGip My Commission Expik 1'�-i's
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X04 Expires Deeem6er 15,2021 CITY: �
AfNLa BoaiedThru6udgetNofa�Yggvkes '" "� ,. ,��)
CITY OF WINTEI Sly NGS
ATTEST: ,° m
Andrea Lorenzo-Luaces, City Clerk
APPROVED AS TO FORM AND
SUFFICIENCY FOR THE CITY OF
WINT ° INGS ONLY:
Anthony arganese, City Attorney
Exhibit List
A -- Legal Description and depiction of the Recycling Property
B — Legal Description and depiction of the Non-Recycling Property
C — Legal description and depiction of the Trail Property which will be conveyed by
Phillips to City
D — Specifications and Construction Phase Schedule of the Wall
E—Nub Property
Developer's Agreement
City of Winter Simings
Bartholomew D.and Cynthia D.Phillips and 419 Metal&Auto Recycling Center,Inc.
Page 13 of 13
EXHIBIT A RECYCLE PROPERTY
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SKETCH E DESCRIPTION
EXHIBIT Edor
METALS419 LICENTER
Legal Description
Commencing at a 7 icon pipe,being a pe - t reference rnonurnent maridng the location of the Northwest Winer of Lot 33„ENT,ZMINGER FARMS,ADDITION
NOT 2,according to the plat thereofr' in Ptd Book 5„at Page 9,of the Pubic Records of Seminole County,Florida,thence run S.4 111`15'E.,along the
West Une of Lot 33„a distanop of 0.55 feet to the South Ri -d- ay Circa of the CSX Transportation ft.Rafl Corridor thence run A2024'1 'E.,along said South
Riot-olvay frena. .4E to the PANT OF B IN Nt3; run N.0 „45°E.,perpendicularto 4a d Right-of Line,100, to af
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way ,l far,thence run S.9 4'I5°E,„along said North R' -d y Line,31,06 feet to the Southeast Comer of Lot 11,said ENTZMINGER
FARMS,ADDITION NO.2;thence run S. 49'11 .to the Northwest Comer of the East 143.14 feet of aforesaid Lot 33,said point also being on the Sm4h Right-
of-way line of said Rail ra 11fience run N.8224'15'W,56,80 feet to the Point of Bonning.
SURVEY W NOTES:
1) This is not a°Boundary Survey*,only a sketch of the ve legal descriptions prepared by this surveyor.
) Bearings shcwn hereon am based on ft South Right-cif-way Line the CSX Transportation,Inc.Rail Corridor heirs S° 24'15'"E.(per description)
3) This legal description was prepared on 10 July 2006.
Surveyor's CeirwWaft
This is to that this'Sketchof Description'of the w ri the plat r delineated is aFr rate tali of the same,I fu
c rdi y that this survey Mini rn T ni 'I st, ards f by the Fkxida of Surveyors and rs pu a to Chapter 61G17-06 of the
Florida Administrative Code pursuant to Section 472°027 of the Fundi, -tat
w
ER SURVEYING,INC.
R.St°AIR KITNER--P.S.M.No.3382
P.0.Omar 823—Sanford,Florida 32772(407)32`2-2000
Not valid without raised seat of Surveyor
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