HomeMy WebLinkAbout2008 05 12 Regular ADD ON 601 Starlight Baptist Church Development AgreementCOMMISSION AGENDA
ITEM 601
ADD-ON
Consent
Information
Public Hearin
Re ular X
May 12, 2008
Meeting
Mgr. /Dept.
REQUEST: The Community Development Department requests the City Commission
consider a Development Agreement for the renovation/enlargement of Starlight Baptist Church,
located at the northwest corner of Hayes Road and East Bahama Road.
PURPOSE: The purpose of this Agenda Item is for the Commission to consider a
development agreement associated with the final engineering and aesthetic review for the
construction of a new 30,167 SF building (with a 783 seat sanctuary, classrooms, and
offices) and the provision of additional parking for the expanded Starlight Baptist
Church. This development agreement (DA) is needed to address limiting future
expansion, hours of operation, scheduling a sidewalk along E. Bahama Road (require a
sidewalk when the roadway is paved), steeple height, positive light spillage onto Hayes
Road at the site ingress/egress, parking setbacks, screening the bus parking, overnight
accommodation for visiting pastors and/or visiting singing groups, and maintenance of
grassed parking and landscaping.
ZONING & LAND USE DESIGNATION:
Zoning: R-lAA
Future Land Use Designation: Public/Semi-Public
Conditional Use: Approved with conditions on July 10, 2006
Variance: Approved July 10, 2006 (grassed parking)
APPLICABLE LAW AND PUBLIC POLICY:
Chapter 166, FS
Comprehensive Plan
Chapter 5, City Code
Chapter 9, City Code
Chapter 20, City Code
May 12, 2008
City Commission
Regular Agenda Item 601
CONSIDERATIONS:
PREVIOUS BOA & COMMISSION ACTION: The Board of Adjustment (BOA) heard
the conditional use request to allow the church expansion and the variance to allow grass
parking at its June 15, 2006 meeting. The BOA recommended approval for both, subject
to conditions, as follows:
1. clarification about and screening the church busses and overnight visiting pastors or
singing groups' vehicles and a DA to (a) stipulate the future provision of a sidewalk
along East Bahama Road - to be
constructed concurrently with Bahama Road, when it is paved (Comprehensive Plan -
Transportation Element, Policy 1.5.12 requires sidewalks with new development; also
in Subsection 20-163 (d) (3)), (b) establish reasonable hours for activities, particularly
those that may likely be heard by the adjacent residents, and (c) limit further growth of
the church (400 seat youth ministry and 783 seat sanctuary and no church school);
2. the site plan include adequate landscape buffers;
3. "no parking" signs be placed in the adjacent ROW's;
4. busses be adequately hidden or stored off-site;
The BOA stated that it had no objection to (a) overnight visits by visiting pastors
and/or singing groups, subject to a very limited number of nights as well as proper
screening and utility accommodations and (b) "mothers' morning out" (morning
daycare, typically 1-3 mornings per week) or a similar low intensity addition to the
church activities.
The City Commission approved the conditional use to allow the church to expand and the
variance to allow grassed parking, at its July 10, 2006 meeting, subject to the above
conditions. The Commission further stated that it did not want a school and that the
busses are to be both uniformly painted and hidden.
WAIVERS:
1. The sidewalk will be provided with concurrent with the paving of Bahama Road (no
current plans or budget for this paving - it makes little sense to construct this tiny
segment of a sidewalk that will likely be torn out when the road is engineered and
paved; the Ranchlands appears deeply divided over whether or not to pave Bahama), in
contrast to Subsection 20-163 (d) (3).
2. Stabilized grass parking is proposed in the front yard building setback in contrast to
Subsection 20-163 (2) (c). Urban Beautification staff has worked with the landscape
architect to ensure adequate buffering, as required by the Commission (parking lot to
be used primarily on Sunday, Wed. evening, and for special events, rather than on a
2
May 12, 2008
City Commission
Regular Agenda Item 601
daily basis). See also the provisions of Subsection 9-278 (2) and (3) regarding parking
setbacks, screening and landscaping.
3. Occasional (3-4 times per year for not more than a week, as for a revival) parking of
campers, buses, etc. for visiting pastors at the location on the site plan (water and power
provided to the site), potentially in contrast with Section 9-279, sections 20-431 thru 436,
20-411, and 20-412 of the Code.
4. The lighting plan depicts minor light spillage above the unofficia10.5 foot-candles of
light onto the sidewalk and driveway curb cut in one location along Hayes Road (see 9-
278 (4)). This minor spillage is actually a positive feature at the driveway intersection
with the roadway and similar situations have been approved on commercial site plans.
OTHER INCLUSIONS:
1. Unity of title to bind the parcels into one site.
2. Ensure maintenance of the grassed parking and landscaping.
3. Set forth reasonable hours of operation for events that could be heard by the neighbors
(as well as the potential visual nuisance of lights from a lot of cars and/or buses leaving
late at night).
4. Ensure any utility item (e.g. transformer, switch gear box, backflow preventer, HVAC
equipment) will be adequately screened from the roadways, even if extra landscaping is
required to fulfill this screening requirement.
5. Limit further expansion of church activities, other than those noted.
6. Relocation of existing on-site gopher tortoises and protection of off-site gopher tortoise
population, pursuant to all necessary state permits, before any site work may commence.
7. Uniform bus color.
8. Maintain the no parking in ROW signs on both frontages.
FINDINGS:
1) The approximately 4.28 acre site has aPublic/Semi-Public Future Land Use
designation and is located within the R-lAA zoning district.
2) The site will connect to City water and sanitary sewer service. The City system
has capacity (both water and sewer) to serve the site.
3
May 12, 2008
City Commission
Regular Agenda Item 601
3) No off-site traffic improvements, other than curb-cuts to the existing Hayes Road
and East Bahama Road ROWS, are necessary to accommodate the proposed
project.
4) At its July 10, 2006 meeting, the City Commission approved a conditional use to
allow the church to expand, subject to conditions, and also granted a variance to
allow stabilized grass parking for spaces other than those used on a daily basis or
handicap accessible spaces
5) The City Attorney and staff determined that these code waivers are best addressed
through a development agreement.
6) Staff believes the proposed development agreement is consistent with the comprehensive
plan, addresses the necessary code waivers to allow the church expansion, checks future
expansion, and protects the surrounding neighborhood.
RECOMMENDATION:
Staff recommends approval of the proposed Development Agreement.
ATTACHMENTS:
A Location Map
B Development Agreement (to be supplied by City Attorney on Friday May
9, 2008)
COMMISSION ACTION:
4
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City Commission Meeting
May 12, 2008
Item 601
City Attorney to provide
Development Agreement on Friday
Afternoon, May 9, 2008
THIS INSTRUMENT WAS PREPARED BY
AND SHOULD BE RETURNED TO:
Katherine W. Latorre, Esy.
Assistant City Attorney of Winter Springs
Brown, Garganese, Weiss & D'Agresta, P.A.
111 N. Orange Avenue, Suite 2000
Orlando, FL 32802
(407)425-9566
STARLIGHT BAPTIST CHURCH DEVELOPMENT AGREEMENT
THIS STARLIGHT BAPTIST CHURCH DEVELOPMENT AGREEMENT (the
"Agreement") is made and executed this day of 2008, by and
between the CITY OF WINTER SPRINGS, a Florida Municipal Corporation ("City"), whose
address is 1126 East S.R. 434, Winter Springs, Florida 32708, and STARLIGHT BAPTIST
CHURCH, INC., a Florida Non Profit Corporation ("Owner"), whose address is 190 East
Bahama Road, Winter Springs, Florida 32708.
WITNESSETH:
WHEREAS, this Agreement is related to the development of certain real property
generally located at 190 East Bahama Road, Winter Springs, in Seminole County, Florida,
legally described herein ("Property"); and
WHEREAS, Owner is the current fee simple owner of the Property; and
WHEREAS, Owner currently maintains a church sanctuary and related accessory and
recreational facilities on the Property; and
WHEREAS, Owner desires to expand the church facilities on the Property by
constructing a new 30,167 square foot sanctuary containing 783 seats, as well as offices and
classrooms ("New Building"); and
WHEREAS, on July 10, 2006, the City Commission granted Owner's request for a
conditional use of the Property pursuant to section 20-163 of the City Code to expand the church
facilities; and
WHEREAS, also on July 10, 2006, the City Commission granted Owner's request for a
variance pursuant to section 9-278 of the City Code to allow stabilized grass parking on the
Property to accommodate the New Building; and
WHEREAS, the City Commission's conditional use and variance approvals were both
subject to certain conditions; and
DEVELOPMENT AGREEMENT
City of Winter Springs /Starlight Baptist Church, Inc.
Page I of 8
WHEREAS, Owner has submitted a site plan to the City for review and approval by the
City of the New Building and parking area; and
WHEREAS, the City and Owner desire to memorialize in writing their mutual
understanding regarding the conditional use and variance conditions of approval imposed by the
City Commission, as well as certain other aspects of the development of the Property, under the
terms and conditions set forth in this Agreement; and
WHEREAS, in addition to Owner's compliance with all City Codes, permitting and
construction not in conflict herein, the City and Owner desire to set forth the following special
terms and conditions.
NOW, THEREFORE, in consideration of the mutual promises, covenants and
agreements set forth and other good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, the parties agree as follows:
1.0 Recitals. The foregoing recitals are true and correct and are hereby incorporated
herein by this reference.
2.0 Authori This Agreement is entered into pursuant to the Florida Municipal
Home Rule Powers Act.
3.0 The Property. The real property subject to and bound by the terms of this
Agreement is legally described in Exhibit "A," attached hereto and fully incorporated herein by
this reference.
4.0 Installation of Sidewalks on East Bahama Road. Section 20-163(d)(3) of the
Winter Springs Code of Ordinances ("City Code") requires Owner to install sidewalks on all
streets abutting the church development, including East Bahama Road. Given that East Bahama
Road is currently unpaved, and given that the City has not yet planned or budgeted for the paving
of East Bahama Road, the City and Owner agree that Owner shall install, at its own expense, a
four foot (4') wide sidewalk for the length of the Property abutting East Bahama Road
concurrent with the City's future paving of Bahama Road. Any such sidewalk installation shall
be pursuant to design standards approved by the City. Notwithstanding this Section 4.0, Owner
shall be responsible for any other requirement of the City Code related to the installation of
sidewalks.
5.0 Conditions of Approval for Conditional Use. Consistent with the City
Commission's approval of Owner's request for a conditional use to expand and increase the
intensity of the church use on the Property under section 20-163 of the City Code, the City and
Owner agree as follows:
5.1 Educational/school use not permitted. Except for regular "Sunday school"
religious educational classes, Owner agrees that the New Building shall not be used as an
educational facility for any pre-kindergarten, kindergarten or higher grade classes, including, but
not limited to, any elementary, secondary, business, technical, trade or any other kind of school.
DEVELOPMENT AGREEMENT
City of Winter Springs /Starlight Baptist Church, lnc.
Page 2 of s
5.2 Screening for buses. Owner agrees that busses owned and operated by
Owner and regularly parked on the Property shall be screened and not visible from any public
right-of--way when not in use by Owner or any other party. Owner further agrees that as Owner's
buses are repainted or replaced with new buses, such new buses shall be painted using muted
colors and shall be substantially similar in color to one another.
5.3 Landscape buffers. Owner agrees to provide and maintain in perpetuity
landscape buffers along East Bahama Road and Hayes Road consistent with the Landscape Plan
approved by the City Commission as part of Owner's final engineering plans on May 12, 2008
and available on file at City Hall ("the Plans"). Owner shall ensure that any landscaping,
including, but not limited to trees, shrubs, or plant material, provided in accordance with this
subsection be maintained in a healthy and living condition. Any trees, shrubs or other vegetation
which die shall be replaced by Owner.
5.4 "No Parking" signs. Owner shall erect and maintain in perpetuity six (6)
"No Parking" signs on the Property directly adjacent to the East Bahama Road and Hayes Road
public rights-of--way, as depicted on the Plans.
5.5 Outside activities. Owner agrees that any outdoor activities on the
Property which are directly or indirectly related to the operation of the church be conducted only
between the hours of 7:00 AM and 10:00 PM.
6.0 Conditions of Approval for Variance. Consistent with the City Commission's
approval of Owner's request for a variance from the requirements of section 9-278(9) to provide
stabilized grass parking in lieu of graveled or hard-surfaced parking spaces, the City and Owner
agree as follows:
6.1 Limited use of stabilized grass parking. The stabilized grass parking areas
designated on the Plans as "proposed grass parking and drives area" shall be primarily utilized
on Sundays and on Wednesday evenings. The parties agree and acknowledge that infrequent or
occasional use of the stabilized grass parking on days other than Sundays and Wednesday
evenings is permitted, but only to the extent required to accommodate the need for additional
parking for certain holidays or other events occurring on the Property. Owner shall not be
penalized under this Agreement for any said infrequent or occasional use.
6.2 Design of stabilized grass parking areas. Owner agrees that the stabilized
grass parking areas on the Property shall be designed, constructed and maintained in perpetuity
to be functional, free of ruts, and aesthetically pleasing.
6.3 Occasional overnight parking. Occasional overnight parking of visiting
busses or recreational vehicles shall be permitted for not more than seven (7) days on any given
occasion. Any such bus or recreational vehicle shall be parked on the stabilized grass parking
area in a location on the Property that is the least visible from any abutting public right-of--way.
7.0 Unification of Title for the Property. The City and Owner agree as follows:
DEVELOPMENT AGREEMENT
City of Winter Springs /Starlight Baptist Church, Inc.
Page 3 of 8
7.1 Upon execution and recording of this Agreement, the Property, which
consists of two (2) lots, shall be unified in ownership and title for development purposes under
the City's land development regulations.
7.2 Owner agrees not to sell, convey, or assign any interest in the parcels of
land included in the Property which would cause loss of unity of ownership or title, without first
obtaining the written consent of the City.
7.3 Owner agrees that the unification of title shall be binding upon the heirs,
personal representative, successors and assigns of Owner and shall run with the land.
8.0 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 perform the terms
and provisions of this Agreement and has taken all necessary action to authorize the execution,
delivery and performance of this Agreement. 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 Property in accordance with the terms and conditions of this Agreement. Owner represents
that it has voluntarily and willfully executed this Agreement for purposes of binding the Property
to the terms and conditions set forth in this Agreement.
9.0 Successors and Assisns. 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 Property and
shall run with title to the same.
10.0 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, and in Orlando, Florida, for all federal disputes or actions which
arise out of or are based upon this Agreement.
11.0 Amendments. This Agreement shall not be modified or amended except by
written agreement duly executed by both parties hereto (or their successors or assigns) and
approved by the City Commission.
12.0 Entire Agreement; Exhibits. This Agreement and all attached exhibits hereto
supersedes any other agreement, oral or written, regarding the Property and contains the entire
agreement between the City and Owner as to the subject matter hereof. The Exhibits attached
hereto and referenced herein are hereby fully incorporated herein by this reference.
13.0 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.
DEVELOPMENT AGREEMENT
City of Winter Springs /Starlight Baptist Church, Inc.
Page 4 of 8
14.0 Effective Date. This Agreement shall become effective upon approval by the
City Commission and execution of this Agreement by both parties hereto.
15.0 Recordation. This Agreement shall be recorded in the Public Records of
Seminole County, Florida.
16.0 Relationship of the Parties. The relationship of the parties to this Agreement is
contractual and Owner 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.
17.0 Sovereign Immunity. Notwithstanding any other provision set forth in this
Agreement, nothing contained in this Agreement shall be construed as a waiver of the City's
right to sovereign immunity under section 768.28, Florida Statutes, or other limitations imposed
on the City's potential liability under 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 one hundred thousand dollars ($100,000.00), 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 two hundred
thousand dollars ($200,000.00).
18.0 City'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 Agreement be
construed as the City bargaining away or surrendering its police powers.
19.0 Interpretation. 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.
20.0 Third-Party Rit?hts. This Agreement is not athird-party beneficiary contract and
shall not in any way whatsoever create any rights on behalf of any third party.
21.0 Specific Performance. Strict compliance shall be required with each and every
provision of this Agreement. The parties agree that failure to perform 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.
22.0 Attorney's Fees. In connection with any arbitration or litigation arising 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.
23.0 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
DEVELOPMENT AGREEMENT
City of Winter Springs /Starlight Baptist Church, Inc.
Page 5 of 8
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, suspend, or terminate any and all certificates of occupancy for any building or unit if
Owner is in breach of any term and condition of this Agreement.
24.0 Default; Ouportunity to Cure. Should either party 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 minimum,
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.
25.0 Termination. The City shall have the unconditional right, but not obligation,
to terminate this Agreement, without notice or penalty, if Owner fails to receive building permits
and substantially commence construction within three (3) years of the effective date of this
Agreement. If the City terminates this Agreement, the City shall record a notice of termination
in the public records of Seminole County, Florida.
26.0 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 of 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
perform 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.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seal on the
date first above written.
[EXECUTION PAGES FOLLOW]
DEVELOPMENT AGREEMENT
City of Winter Springs /Starlight Baptist Church, Inc.
Page 6 of 8
CITY:
City of Winter Springs,
a Florida municipal corporation.
Bv:
John F. Bush, Mayor
ATTEST:
Bv:
Andrea Lorenzo Luaces, City Clerk
CITY SEAL
APPROVED AS TO FORM AND LEGALITY
For the use and reliance of the City of Winter Springs,
Florida only.
Date:
By:
Anthony A. Garganese, City Attorney for
the City of Winter Springs, Florida
DEVELOPMENT AGREEMENT
City of Winter Springs /Starlight Baptist Church, Inc.
Page ~ or's
Signed, sealed and delivered in the OWNER:
presence of the following witnesses:
Starlight Baptist Church, Inc.,
a Florida Non Profit Corporation.
Signature of Witness
Printed Name of Witness
Signature of Witness
Printed Name of Witness
STATE OF
COUNTY OF
By:
President
Date:
The foregoing instrument was acknowledged before me this day of
2008, , as of Starlight Baptist Church,
Inc., a Florida Non-Profit Corporation, on behalf of said company. He is personally known to
me or produced as identification.
(NOTARY SEAL)
(Notary Public Signature)
(Print Name)
Notary Public, State of _
Commission No.:
My Commission Expires:
DEVELOPMENT AGREEMENT
City of Winter Springs /Starlight Baptist Church, Inc.
Page s of 8
IININ~IININININININNINNINIIII~NIIIIIM
THIS INSTRUMENT WAS PREPARED BY
AND SHOULD BE RETURNED TO:
Katherine W. Latorre, Esq.
Assistant City Attorney of Winter Springs
Brown, Garganese, Weiss & D'Agresta, P.A.
111 N. Orange Avenue, Suite 2000
Orlando, FL 32802
(407)425-9566
l~iRYiiN~ p~]R~~ CLERK ~ CIRL'OIT L'ilL4FtT
SEMINOLE COl~1TY
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RECORDED BY T 5~ith
FOR RECORDING DEPARTMENT USE ONLY
STARLIGHT BAPTIST CHURCH DEVELOPMENT AGREEMENT
THIS STARLIGHT BAPTIST CHURCH DEVELOPMENT AGREEMENT (the
"Agreement") is made and executed this ~ day of ~~~/`.~~ 2008, by and
between the CITY OF WINTER SPRINGS, a F orida Municipal Corporation ("City"), whose
address is 1126 East S.R. 434, Winter Springs, Florida 32708, and STARLIGHT BAPTIST
CHURCH, INC., a Florida Non Profit Corporation ("Owner"), whose address is 190 East
Bahama Road, Winter Springs, Florida 32708.
WITNESSETH:
WHEREAS, this Agreement is related to the development of certain real property
generally located at 190 East Bahama Road, Winter Springs, in Seminole County, Florida,
legally described herein ("Property"); and
WHEREAS, Owner is the current fee simple owner of the Property; and
WHEREAS, Owner currently maintains a church sanctuary and related accessory and
recreational facilities on the Property; and
WHEREAS, Owner desires to expand the church facilities on the Property by
constructing a new 30,167 square foot sanctuary containing 783 seats, as well as offices and
classrooms ("New Building"); and
WHEREAS, on July 10, 2006, the City Commission granted Owner's request for a
conditional use of the Property pursuant to section 20-163 of the City Code to expand the church
facilities; and
WHEREAS, also on July 10, 2006, the City Commission granted Owner's request for a
variance pursuant to section 9-278 of the City Code to allow stabilized grass parking on the
Property to accommodate the New Building; and
WHEREAS, the City Commission's conditional use and variance approvals were both
subject to certain conditions; and
DEVELOPMENT AGREEMENT
City of Winter Springs /Starlight Baptist Church, Inc.
Page ~ of 8
WHEREAS, Owner has submitted a site plan to the City for review and approval by the
City of the New Building and parking area; and
WHEREAS, the City and Owner desire to memorialize in writing their mutual
understanding regarding the conditional use and variance conditions of approval imposed by the
City Commission, as well as certain other aspects of the development of the Property, under the
terms and conditions set forth in this Agreement; and
WHEREAS, in addition to Owner's compliance with all City Codes, permitting and
construction not in conflict herein, the City and Owner desire to set forth the following special
terms and conditions.
NOW, THEREFORE, in consideration of the mutual promises, covenants and
agreements set forth and other good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, the parties agree as follows:
1.0 Recitals. The foregoing recitals are true and correct and are hereby incorporated
herein by this reference.
2.0 Authori This Agreement is entered into pursuant to the Florida Municipal
Home Rule Powers Act.
3.0 The Property. The real property subject to and bound by the terms of this
Agreement is legally described in Exhibit "A," attached hereto and fully incorporated herein by
this reference.
4.0 Installation of Sidewalks on East Bahama Road Transportation Element
Policy 1.5.12 of the Winter Springs Comprehensive Plan and Section 20-163(d)(3) of the Winter
Springs Code of Ordinances ("City Code") require Owner to install sidewalks on all streets
abutting the church development, including East Bahama Road. Given that East Bahama Road is
currently unpaved, and given that the City has not yet planned or budgeted for the paving of East
Bahama Road, the City and Owner agree that Owner shall install, at its own expense, a four foot
(4') wide sidewalk for the length of the Property abutting East Bahama Road concurrent with the
City's future paving of Bahama Road. Any such sidewalk installation shall be pursuant to design
standards approved by the City. Notwithstanding this Section 4.0, Owner shall be responsible
for any other requirement of the City Code related to the installation of sidewalks.
5.0 Conditions of Approval for Conditional Use Consistent with the City
Commission's approval of Owner's request for a conditional use to expand and increase the
intensity of the church use on the Property under section 20-163 of the City Code, the City and
Owner agree as follows:
5.1 Educational/school use not permitted. Except for regular "Sunday school"
religious educational classes, Owner agrees that no building or structure on the Property shall be
used as an educational facility for any pre-kindergarten, kindergarten or higher grade classes,
including, but not limited to, any elementary, secondary, business, technical, trade or any other
kind of school.
DEVELOPMENT AGREEMENT
City of Winter Springs /Starlight Baptist Church, Inc.
Page z of 8
5.2 Bus parking, repair and replacement. Owner agrees that busses owned
and operated by Owner and regularly parked on the Property shall be screened and not visible
from any public right-of--way when not in use by Owner or any other party. Additionally, Owner
agrees that no major repairs or maintenance on the busses shall be performed on the Property.
Minor maintenance and repairs may occur provided such minor repair and maintenance is
screened and not visible from any public right-of--way. Owner further agrees that as Owner's
busses are repainted or replaced with new busses, such new busses shall be painted using muted
colors and shall be substantially similar in color to one another.
5.3 Landscape buffers. Owner agrees to provide and maintain in perpetuity
landscape buffers along East Bahama Road and Hayes Road consistent with the Landscape Plan
approved by the City Commission as part of Owner's final engineering plans on May 12, 2008
and available on file at City Hall ("the Plans"). Owner further agrees to provide and maintain in
perpetuity sufficient landscaping to screen any utility-related appurtenance, including, but not
limited to transformers, switch gear boxes, backflow preventers, HVAC equipment, and
irrigation wells from adjacent roadways. Owner shall ensure that any landscaping required by
this section, including, but not limited to trees, shrubs, or plant material, provided in accordance
with this subsection be maintained in a healthy and living condition. Any trees, shrubs or other
vegetation which die shall be replaced by Owner.
5.4 "No Parking" signs. Owner shall erect and maintain in perpetuity six (6)
"No Parking" signs on the Property directly adjacent to the East Bahama Road and Hayes Road
public rights-of--way, as depicted on the Plans.
5.5 Outside activities. Owner agrees that any outdoor activities on the
Property which are directly or indirectly related to the operation of the church be conducted only
between the hours of 7:00 AM and 10:00 PM.
6.0 Conditions of Approval for Variance. Consistent with the City Commission's
approval of Owner's request for a variance from the requirements of section 9-278(9) to provide
stabilized grass parking in lieu of graveled or hard-surfaced parking spaces, the City and Owner
agree as follows:
6.1 Limited use of stabilized grass parking. The stabilized grass parking areas
designated on the Plans as "proposed grass parking and drives area" shall be primarily utilized
on Sundays and on Wednesday evenings. The parties agree and acknowledge that infrequent or
occasional use of the stabilized grass parking on days other than Sundays and Wednesday
evenings is permitted, but only to the extent required to accommodate the need for additional
parking for certain holidays or other events occurring on the Property. Owner shall not be
penalized under this Agreement for any said infrequent or occasional use. The stabilized grass
parking area located within the front setback, as depicted on the Plans, shall only be utilized for
parking when necessary as a last resort. Further, there shall be no parking demarcation within
the front setback.
6.2 Design of stabilized grass parking areas. Owner agrees that the stabilized
grass parking areas on the Property shall be designed, constructed and maintained in perpetuity
to be functional, free of ruts, and aesthetically pleasing.
DEVELOPMENT AGREEMENT
City of Winter Springs /Starlight Baptist Church, Inc.
Page 3 of 8
6.3 Occasional overnight parking. Occasional overnight parking of visiting
busses or recreational vehicles shall be permitted for not more than seven (7) days on any given
occasion. Any such bus or recreational vehicle shall be parked on the stabilized grass parking
area in a location on the Property that is the least visible from any abutting public right-of--way.
Overnight parking within the front setback shall be prohibited.
7.0 Unification of Title for the Property The City and Owner agree as follows:
7.1 Upon execution and recording of this Agreement, the Property, which
consists of two (2) lots, shall be unified in ownership and title for development purposes under
the City's land development regulations.
7.2 Owner agrees not to sell, convey, or assign any interest in the parcels of
land included in the Property which would cause loss of unity of ownership or title, without first
obtaining the written consent of the City.
7.3 Owner agrees that the unification of title shall be binding upon the heirs,
personal representative, successors and assigns of Owner and shall run with the land.
8.0 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 perform the terms
and provisions of this Agreement and has taken all necessary action to authorize the execution,
delivery and performance of this Agreement. 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 Property in accordance with the terms acid conditions of this Agreement. Owner represents
that it has voluntarily and willfully executed this Agreement for purposes of binding the Property
to the terms and conditions set forth in this Agreement.
9.0 Successors and Assigns. 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 Property and
shall run with title to the same.
10.0 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, and in Orlando, Florida, for all federal disputes or actions which
arise out of or are based upon this Agreement.
11.0 Amendments. This Agreement shall not be modified or amended except by
written agreement duly executed by both parties hereto (or their successors or assigns) and
approved by the City Commission.
12.0 Entire Agreement; Exhibits. This Agreement and all attached exhibits hereto
supersedes any other agreement, oral or written, regarding the Property and contains the entire
DEVELOPMENT AGREEMENT
City of Winter Springs /Starlight Baptist Church, Inc.
Page 4 of 8
agreement between the City and Owner as to the subject matter hereof. The Exhibits attached
hereto and referenced herein are hereby fully incorporated herein by this reference.
13.0 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.
14.0 Effective Date. This Agreement shall become effective upon approval by the
City Commission and execution of this Agreement by both parties hereto.
15.0 Recordation. This Agreement shall be recorded in the Public Records of
Seminole County, Florida.
16.0 Relationship of the Parties. The relationship of the parties to this Agreement is
contractual and Owner 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.
17.0 Sovereign Immunity. Notwithstanding any other provision set forth in this
Agreement, nothing contained in this Agreement shall be construed as a waiver of the City's
right to sovereign immunity under section 768.28, Florida Statutes, or other limitations imposed
on the City's potential liability under 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 one hundred thousand dollars ($100,000.00), 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 two hundred
thousand dollars ($200,000.00).
18.0 City'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 Agreement be
construed as the City bargaining away or surrendering its police powers.
19.0 Interpretation. 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.
20.0 Third-Party Rights. This Agreement is not athird-party beneficiary contract and
shall not in any way whatsoever create any rights on behalf of any third party.
21.0 _Specific Performance. Strict compliance shall be required with each and every
provision of this Agreement. The parties agree that failure to perform 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.
DEVELOPMENT AGREEMENT
City of Winter Springs /Starlight Baptist Church, Inc.
Page 5 of s
22.0 Attorney's Fees. In connection with any arbitration or litigation arising 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.
23.0 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, suspend, or terminate any and all certificates of occupancy for any building or unit if
Owner is in breach of any term and condition of this Agreement.
24.0 Default; Opportunity to Cure. Should either party 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 minimum,
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.
25.0 Termination. The City shall have the unconditional right, but not obligation,
to terminate this Agreement, without notice or penalty, if Owner fails to receive building permits
and substantially commence construction within three (3) years of the effective date of this
Agreement. If the City terminates this Agreement, the City shall record a notice of termination
in the public records of Seminole County, Florida.
26.0 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 of 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
perform 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.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seal on the
date first above written.
[EXECUTION PAGES FOLLOW]
DEVELOPMENT AGREEMENT
City of Winter Springs /Starlight Baptist Church, Inc.
Page 6 of 8
CITY:
ATTES
+,
By:
orenzo Luaces, City Clerk
.,-,. ~ :.
CITY,, ~$AL a,~t
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_,
„a r
City of Winter Springs,
a Florida municipal corporation.
By. ~ /~GU~
J F. Bush, Mayor
APPROVED AS TO FORM AND LEGALITY
For the use and reliance of the City of Winter Springs,
Florida only.
a/~/ate
Date:
By: S~/--5~
Anthony A. Garganese, City Attorney for
the City of Winter Springs, Florida
DEVELOPMENT AGREEMENT
City of Winter Springs /Starlight Baptist Church, Inc.
Page 7 of 8
Signed, sealed and delivered in the
presence of the following witnesses:
~,~ ~c ~C a~~riil ~h
Signature of Witness
~i~rS~n ~m -1l~
Printed Name of Witness
OWNER:
Starlight Baptist Church, Inc.,
a Florida Non Profit Corporation.
By: ~. ~ ~ rte I s
(Print Name and Title)
~-~ C ~`C` Date: ~ ~ /V e- e2 2-O~~
Si ature of Witness
J a ~.,,. C C~ •. lc e ~
Printed Name of Witness
STATE OF ~~ o G`
COUNTY OF i .•~
The foregoin instrument was acknowledged before me this ~~ day of
2008, ¢,nrl , as _ ~0 ~ of Starlight Baptist Church,
Inc., a Florida Non-Profit Corpor ion, on behalf of said company. He is personall~kno_wn to
me or produced
(NOTARY SEAL)
a~p~ oho
Oomn~ 0001
~yt~
~ Noe~ryllMn,. rio
as identification.
(No Public Signature)
~`~~~ ~- ~arr~ ~-
(PrintName)
Notary Public, State of i c~4-
Commission No.: p ~
?Vly Commission Expires:/
DEVELOPMENT AGREEMENT
City of Winter Springs /Starlight Baptist Church, Inc.
Page s of 8
EXHIBIT "A"
Lot 2 and 3, Block A, NORTH ORLANDO RANCHES, SECTION 4, according to the
plat thereof as recorded in Plat Book 12, Page 35, Public Records of Seminole County,
Florida.
RECEIVED
S`JN >~ ~,
CI TQQ1t~~ ~~'7 ~31~RTNGS
OFFICE F H C LERK
BROWN, GARGANESE, WEISS & D'AGRESTA,~~~l~ J~a
Attorneys at Laiv
Debra S. Babb-Nutcher"
Joseph E. Blitch
Usher L. Brown'
Suzanne D'Agresta"
Anthony A. Garganese"
William E. Reischmann, Jr.
J.W. Taylor
Jeffrey S. Weiss
'Board Certified Civil Trial Lawyer
"Board Certified City, County & Local Government Law
Board Certified Appellate Practice
Andrea Lorenzo-Luaces, City Clerk
City of Winter Springs
1126 East State Road 434
Winter Springs, Florida 32708
June 18, 2008
Re: City of Winter Springs /Starlight Baptist Church, Inc.
Dear Andrea:
Tara L. Barrett
Vivian P. Cocotas
Scott J. Dornstein
Robin Gibson Drage
Christopher H. Hunt
Katherine W. Latorre
Terri E. Oster
Amy J. Pitsch
Erin J. O'Leary'
Catherine D. Reischmann'
Of Counsel
Please find enclosed for safekeeping, the original fully executed Starlight Baptist
Church Development Agreement between the City of Winter Springs and Starlight Baptist
Church, Inc.
Should you have any questions, please do not hesitate to me.
/jf
Enclosure
Offices in Orlando, Kissimmee, Cocoa,
Ft. Lauderdale & Tampa
Very truly yours,
ennette Farris
Assistant to Kate Latorre
111 N. Orange Ave, Suite 2000 • P.O. Box 2873 • Orlando, Florida 32802-2873
Orlando (407) 425-9566 Fax (407) 425-9596 • Kissimmee (321) 402-0144 • Cocoa (866) 425-9566 • Ft. Lauderdale (954) 670-1979
Website: www.orlandolaw.net • Email: firm@orlandolaw.net