HomeMy WebLinkAbout1997 06 23 Consent Item A
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COMMISSION AGENDA
ITEM
A
REGULAR
CONSENT X
INFORMATIONAL
June 23. 1997
Meeting
MGRi~lf5(?
Authorization
REQUEST: Land Development Division requesting approval to extend an existing lease on
property located at the entry to Central Winds Park (a.k.a. Wagner's Curve) and
reaffirming that the Vested Rights Special Use Permit expiration date.
PURPOSE: The purpose of this Board Item is to request Commission approval to extend an
existing lease on property located at the entry to Central Winds Park (a.k.a.
Wagner's Curve) to July 21, 1998, and reaffirming that the Vested Rights Special
Use Permit expiration date is July 21, 1998.
FINDINGS: The City and Springs Land Investments, Ltd., entered into a lease agreement for
that property which now serves as the entryway to Central Winds Park. This
entryway was needed because The Florida Department of Transportation would
not allow an entryway directly off Wagner's Curve for public safety reasons. The
only recourse ws to lease this property which allowed the City to make the
improvements to Wagner's Curve, thus allowing entry to the park.
The terms of the lease required that the City return the property to its original
condition once State Road 434 was realigned.
The lease extension allows the City to retain the entryway as is and not incur the
costs associated with returning the property to its original condition. This
extension also grants the City the right of first refusal if a bonafide offer was made
by a third party for the purchase of the property.
The Vested Rights Special Use Permit was issued under Article IX. Vested
Rights, Chapter 9, Code of Ordinances, City of Winter Springs, Florida.
June 23, 1997
Consent Agenda Item A
Page 2
CHRONOLOGY:
03-03-92
- Lease Agreement executed
07-21-93
- Vested Rights Special Use Permit issued
FUNDING: According to Paragraph 10 of the Lease Agreement, the City is responsible for
paying the taxes accrued for the property leased. Total taxes paid from 1992
through 1995 totaled $4,044.06. It is estimated that the taxes due for the years
1996 throught lease expiration will be $2,800.00.
RECOMMENDATION:
The recommendation is that the Commission approve the lease extension and
reaffirm the Vested Rights Special Use Permit expiration date.
ATTACHMENT:
Lease agreement with exhibits
COMMISSION ACTION:
JUN 02 '97 06:16PM KRUPPENBACHER & ASSC
P.l/2
AGREEMENT
TInS AGREEMENT entered into this _ day of
\~1
, ~by and between ,
THE CITY OF WINTER SPRINGS, FLORIDA (hereinafter referred to as "City") and SPRINGS
LAND JESSUP SHORES JOINT VENTURE (hereinafter referred to as "Springs Land") provides
as follows:
WHEREAS, City and Springs Land Investments, Ltd., previously entered into an agreement
dated March 3, 1992, and
WHEREAS, City previously issued to Springs Land Investments, Ltd., a Vested Rights
Special Use Permit, dated July 21, 1993, and
WHEREAS, Springs Land has acquired the interest of Springs Land Investments, Ltd.
WHEREAS, City and Springs Land are mutually desirous of clarifYing certain agreements
between them;
NOW, TIIEREFORE, for and in consideration of the mutual promises hereinafter stated, the
parties agree as fonows:
L City and Springs Land hereby agree that the Vested Rights Special Use Permit shall
expire on July 21, 1998. Attached hereto and incorporated herein as Exhibit "A" is a true and correct
copy of the permit.
2. City and Springs Land agree that the March 3, 1992 Lease, a copy of which is
attached hereto as Exhibit liB", is incorporated herein by reference and that all terms contained
therein, excluding paragraph 8 therein, are continued and extended in full force and effect up to and
including through July 21, 1998. Additionally, City and Springs Land agree to a new paragraph 8
as follows:
JUN 02 '97 06:16PM KRUPPENBACHER & ASSC
P.2/2
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8. If during the term of this lease that expires on July 21, 1998,
Springs Land receives a bona fide written offer of purchase or
contract for purchase of the property covered by the lease, then the
City of Winter Springs, Florida. shall have the right to exercise an
option to purchase said property, at the same price offered by the
prospective purchaser and said option shall be available for forty-five
(45) days from the date of receipt of written notice of the option
period commencing from Springs Land.
This Agreement is hereby agreed to and accepted as of the Agreement Date.
WITNESSES AS TO WINTER SPRINGS
CITY OF WINTER SPRINGS, FLORIDA
By:
Paul P. Partyka. Mayor
Attest:
City Clerk
WITNESSES AS TO SPRINGS LAND
SPRINGS LAND JESSUP SHORES
JOINT VENTURE
By:
Title:
2
ciTy OF WINTER SPRINGS
VESTED RIGHTS SPECIAL USE PERMIT
VR 93-02
In response to the Application for a Vested Rights Special Use Permit from Donald W.
McIntosh Associates, Incorporated; dated May 19, 1993, which is incorporated herein by
reference, for the development Springs Land, the City of Winter Springs, Florida, hereby
orders that:
A. FINDINGS OF FACT:
I. The Applicant, Donald W. McIntosh Associates, (the "Applicant") filed its Application
for a Vested Rights Special Use Permit for the owner, Springs Land Investments, Ltd.
(the "Owner") on May 19, 1993. The Application was deemed complete May 21,
1993.
2. The property in question is Springs Land (the "Property"), as more particularly
described in the exhibits to the Board of Adjustment application of March 3, 1992.
3. The Owner acquired the Property by Warranty Deed as signed on October 8, 1987 and
October 13, 1987, and recorded with Seminole County on October 14, 1987 and
October 27, 1987, prior to the Comprehensive Plan Adoption Date of April 27, 1992.
4. The Property has a land use classifications of Mixed Use under the City's
Comprehensive Plan.
5. The Property is currently subject to a proposed Comprehensive Plan amendment to
change the land use classification to Commercial. This proposed amendment was
reviewed at a Public Hearing before the City Commission on July 12, 1993, prior to
transmittal to the Florida Department of Community Affairs.
6. The Property is zoned C- 1 Neighborhood Commercial under the City's zoning
regulations.
7. The development of the Property has been specifically approved via a Site Plan
Review Board approval dated February 27, 1992.
8. The Winter Springs Board of Adjustment approved a variance from Section 9-241
paragraph (d) of the city's Code of Ordinances, to allow a wet bottom pond, and
approved a variance from Section 9-346 of the city's Code of Ordinances, to allow the
site plan approval to be valid for no less than six (6) months after completion of the
Florida Department of Transportation State Road 434 realignment.
9. The Site Plan Review Board approval and the Board of Adjustment variance approval
shall be collectively known as the "City Approvals".
10. The Applicant has filed for common law vested rights, as outlined in Section III.C. of
City Ordinance No. 534 (the "Ordinance").
II. The Applicant has noted the following expenses in the design and permitting of this
project:
a) Project design and permits - $172,906.39
b) Fees, licenses, miscellaneous expenses - $15,799.56.
The majority of these expenditures, however, occurred prior to the City Approvals and
do not qualify as applicable expenditures as outlined in Section III. C.I. of the
Ordinance.
12. Physical development of this project has not commenced, nor can it commence, as the
Florida Department of Transportation (FDOT) has indicated through preliminary
roadway plans the requirement to acquire substantial portions of the Property for the
programmed improvement of State Road 434. It is the desire of the owner to proceed
with physical development once FDOT plans are finalized.
Attached are copies ofFDOT right-of-way reservation maps showing the proposed
alignment of the improved State Road 434 transversing the Property (Exhibits"A" and
"B"). The maps were prepared in December, 1992, and remain valid as of the
application date.
13. Section 337.241, Florida Statutes, discusses the effect ofFDOT's recording a map of
reservation, including the establishment of a building setback line with a five (5) year
moratorium on the issuance of development permits (Exhibit "C"). This legislation
was repealed on April 8, ] 992, however, the Owner relied upon this legislation and the
map of reservation in terms of deferring development plans.
B. CONCLUSIONS OF LAW:
1. The application was timely filed pursuant to Section II.A.3. of the Ordinance.
2. The Applicant has met the ownership requirements of Section II I. A. I. of the
Ordinance for vesting against the Comprehensive Plan and the Land Development
Regulations.
3. The Applicant was prevented from m~ting all of the standards for common law
vesting, as described in Section III.C.l. of the Ordinance. Prior to the Plan Adoption
Date, there were the following valid, unexpired acts of a government agency upon
which the applicant relied:
a. The Site Plan Board approval of February 27, 1992.
b. The Board of Adjustment approval of April 2, 1992
c. The recorded FOOT reservation map for the proposed right-of-way for State Road
434. While the legislation authorizing the recording of such a map was repealed
nineteen (19) days prior to the Plan Adoption Date, the proposed right-of-way still
exists across the Property.
The Applicant has not made a substantial change in position or has incurred extensive
obligations or expenses in reliance upon the City's Approvals as the Owner was
prevented from any development activities, beyond the expenses to acquire the City
approvals, by the FOOT's map of reservation upon the Property.
ORDER
IT IS HEREBY ORDERED that:
I. The Property is vested against any regulations of the City of Winter Springs adopted
after February 27, 1992 that would preclude the development of tile Property as
described in paragraph B.3. above.
2. All development of the Property must be consistent with the terms of the City
Approvals on which this Permit is based. Any substantial deviation from the City
Approvals shall authorize the City to terminate this Permit and cause the development
involved to be subject to the Comprehensive Plan and implementing Land
Development Regulations.
3. This Vested Rights Special Use Permit applies to and runs with the Property.
4. Development of the Property shall remain subject to the requirement of the
Comprehensive Plan and implementing Land Development Regulations except to the
extent that the application of such requirements would result in the denial of
A. The vested land uses;
B. The vested density or intensity of development;
C. Other specifically vested development entitlements approved in the City Approvals
on which the Vested Rights Special Use Permit is based.
5. This permit shall expire at the later of six (6) months after FDOT's realignment of
State Road 434 at Wagner's Curve or five (5) years after the issuance of the Vested
Rights Special Use Permit. This permit may be revoked by the City Commission upon
a showing by the City that failure to revoke the Permit will result in a peril to the
health, safety or general welfare of the residents of the City that was unknown as of
the date hereof
CITY OF WINTER SPRINGS
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aIrman, Planning and oning Board
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LEASE
THIS AGREEMENT made this
3cJ.
day of
MAR&-
.
1992, by and between SPRINGS LAND INVESTMENTS, LTD., a Florida
limited partnership, as ,Lessor, and the CITY OF WINTER SPRINGS,
FLORIDA, and/or assigns, as Lessee:
WIT N E SSE T H:
WHEREAS, the CITY OF WINTER SPRINGS, FLORIDA, is engaged
in the construction of Central Winds Park, a super park, which
requires the temporary realignment of State Road 434 in the area
known locally as "Wagner's Curve"; and
WHEREAS, the CITY OF WINTER SPRINGS, FLORIDA is obligated
to acquire right of way and perform construction for said
realignment in a manner acceptable to the STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION and consistent with DOT Permit #
5 -llV C,- <j-Q-59; and
WHEREAS, a specific condition of the aforementioned DOT
permit is that the CITY OF WINTER SPRINGS, FLORIDA acquire a
sufficient property interest in the land upon which the temporary
realignment of SR 434 shall be constructed so that said temporary
realignment may remain in perpetuity as constructed pursuant to the
DOT pernd t ; and
WHEREAS, SPRINGS LAND INVESTMENTS, LTD. is, a property
owner from whom the CITY OF WINTER SPRINGS, FLORIDA must acquire
property to comply with the conditions of the DOT permit; and
WHEREAS, SPRINGS LAND INVESTMENTS, LTD. is desirous of
maintaining its constructive relationship with the CITY OF WINTER
1
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..
-
SPRINGS I FLORIDA, and the CITY OF WINTER SPRINGS, FLORIDA is
desirous of maintaining its good relationship with SPRINGS LAND
INVESTMENTS, LTD., it is
THEREFORE, in consideration of Ten Dollars ($'10.00) and
other valuable considerations agreed to by the parties, it is
agreed as follows:
1. That SPRINGS LAND INVESTMENTS, LTD., a Florida
limited partnership, (hereinafter referred to as Lessor) does
hereby lease to the CITY OF WINTER SPRINGS, FLORIDA, (hereinafter
referred to as Lessee) and the Lessee does hereby hire from Lessor,
the lands described in Exhibit "A" which is attached hereto and
incorporated herein by reference to be used for the temporary
realignment of Wagner's Curve, including the installation of
pavement, curbs and gutters, runoff water transmission and
treatment facilities, and sidewalks until such time as the STATE OF
FLORIDA DEPARTMENT OF TRANSPORTATION shall open for public travel
the final realignment of Wagner's Curve or until such time as the
CITY OF WINTER SPRINGS, FLORIDA shall acquire the leased area by
condemnation pursuant to Paragraph 3 of this Agreement.
2. The construction referred to in Paragraph 1 hereof
shall substantially comply with the plans submitted to Lessor, a
copy of which is attached hereto and incorporated herein as Exhibit
"B". Provided, however, that the CITY OF WINTER SPRINGS, FLORIDA
and/or the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION may make
!
such future modifications to the temporary realignment as may be
deemed necessary for the safe and efficient function of the
2
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facility.
3 . The Lessor shall retain the option of requiring
Lessee to purchase the leased premises, but in no event shall this
option be exercised sooner than one (1) year from the date on which
,
this lease is granted. The CITY OF WINTER SPRINGS, FLORIDA shall,
at the option of the Lessor, be required to purchase by way of
statutory condemnation proceedings the land described in Exhibit
"A" as the leased premises.
Lessor shall exercise its option to
require such purchase of the leased premises by providing written
notification to the CITY OF WINTER SPRINGS, FLORIDA. SPRINGS LAND
INVESTMENTS, INC. hereby agrees that requiring the purchase ,by way
of statutory condemnation proceedings of the leased premises is its
exclusive remedy at law' under this Lease.
SPRINGS LAND
INVESTMENTS, INC. hereby waives any and all legal or equitable
rights it may have to cause the eviction of Lessee from the leased
premises or the removal of the temporary' alignment prior to the
opening for public travel of the final realignment of SR 434. If
the CITY OF WINTER SPRINGS, FLORIDA does not purchase the leased
premises from Lessor within ninety (90) days of its receipt of
Lessor's written notice requiring such purchase pursuant to this
paragraph, Lessor's exclusive remedy shall be a suit in inverse
condemnation against the CITY OF WINTER SPRINGS, FLORIDA.
4. Lessor's access from the temporary alignment, once
constructed, to the remainder of its lands shall be governed by
Rules 14-96 and 14-97, Florida Administrative Code.
5. Lessee hereby indemnifies and agrees to hold
3
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harmless Lessor from any and all claims whatsoever resulting from
the construction on or use of the leased premises for a temporary
roadway or related temporary roadway improvements.
6. Lessor and Lessee understand that a portion of the
lands leased herein are under threat of condemnation by the state
of Florida as mentioned above. In the event that the lands leased
herein, or any portion thereof, shall be taken by the power of
eminent domain, . or sold in lieu thereof, Lessee shall not' be
entitled to any part of the award for said taking or the proceeds
of any sale(s) in lieu thereof; nor shall Lessee be entitled to any
compensation paid for damages caused "by any partial taking, or sale
in lieu thereof, to any portiones) of the premises leased herein
remaining not taken or the cost of curing said damages.
7. Lessee shall maintain and keep the leased lands,
together with the roadway improvements thereon, in good repair free
from refuse and rubbish.
8. That upon the completion ~nd opening of the final
realignment of SR 434 at Wagner's Curve Lessee shall return the
lands leased to the condition they were in prior to the lease,
unless permitted in writing by Lessor to do otherwise.
9. Lessee shall duly obey and comply with all public
laws, ordinances, rules or regulations relating to the use of the
leased lands.
10. Lessee shall pay all governmental tax.es, assessments
and charges which shall be assessed and levied upon the leased
lands or any portion thereof during the set term as they shall
4
become due.
11. Lessee has been advised by Lessor that Lessor
reserves the right to sell the leased lands subject to the lease.
Lessee agrees to cooperate fully with Lessor in any such sale of
the property.
12. The foregoing constitutes the entire agreement of
the parties.
Any additions and/or changes hereto must be in
writing signed by both parties.
13. This Lease shall be governed by the Laws of the
State of Florida.
In the event that any provision or clause of
this Lease conflicts with applicable Florida law, such conflict
shall not effect the other provisions of this Lease which will be
given full effect without the conflicting provision.
IT IS MUTUALLY UNDERSTOOD AND AGREED that the covenants
and agreements herein contained shall enure to the benefit of and
be equally binding upon the respective executors, administrators,
heirs, successors and assigns of the parties hereto.
IN WITNESS WHEREOF, the parties hereto have executed this
Lease on the day and year first above written.
Signed, sealed and delivered
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This document prepared by: Brigham, Moore, Gaylord, Wilson, Ulmer,
Schuster & Sachs, 111 N. Orange Ave., suite 1575, Orlando, FL 32801
(407) 423-2251
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L~GAL DESCRII'TION
ALL THAT TRACT OR PARcnL or LAND I. YING IN S~MINOLn COUNTY rLORIDA
AND BEING A PORTION OF LOT 18 or DLOCK DOl' D,R, MITCH~LL'S SURVUY or
TIm LEVY GRANT ACCORDING TO TIlE fll.AT THERUOF AS I{ECORDEO IN PLAT
nOOK I, PAGE .s. SEMINOLE COUNTY. RECORDS. ANO 1l~ING MORE
PARTICULARLY DESCRIDED AS FOLLOWS:
COMMENCING AT THE POINT or CURVA TUitE ON TilE BASELINE or SURVEY AT
STATION ,s.s7+ 14; 10 ACCORDING TO rLOluDA D~I'ARTMENT OFTI{ANSPOI{TA TION
MAINTENANcn MAP. STATU ROAD ~J~. SECTION 77070; THENCU S8J',SO'2J'W
ALONG SAID BASE LINE OF SURVEY A DISTANCE OF 146.91 rEET; THENCE
DEPARTING SAID BASE LINE S06'OO')7'E A DISTANCE OF 25.00 fEET TO A POINT
ON TIlE SOlITHERL Y MAINTENANCE RIGHT.or.WA Y LINE; THENCE S06'06'O)'E
A DISTANCE OF 42.07 FEET TO THE PROI'OSED SOUTHERL Y RIGIIT.or-\VA Y AND
TIiE POINT OF BEGINNING; TIIENCE CONTINUE S06'06'O)'E A DISl"ANCE OF 26.)~
FEET TO A POINT ON TIlE TEMPORARY CONSTROCfION EASEMENT LINE AND A
POINT ON A CURVE; TIIENCE ALONG SAID EASEMENT LINE AND ALONG A
CURVE BEING CONCAVE TO TilE SOUTII. IIAVING A TANGENT lJl~AI{ING 01'
N77'22')9"W, A CENTI{AL ANGI.E or 10'0-1'5\1', AND I{ADIUS or 439.19 FEJ:T: AN
ARC LENGTH OF 77.29 FEET; TllENCli N06'Q6'OJ'w DEI'ARTING TilE SAIl)
EASEMENT LINE A DISTANCE OF 25.n FEr:r TO A POINT ON TilE l'I(oI'OSED
SOUTHERLY RIGHT-or.WAY LINE AND A POINT ON A CUI{VE; TIIENCU ALONG
SAID RlGHT-OF.WAY LINE ALONG A CUI{VE UEING CONCAVE TO TIlE SOUTII,
HAVING A TANGENT DEARING or S87"5,S'4's"E. A CENTRAL ANGI.E or 09')0')2',
AND A RADIUS or 464.19 FEET: AN ARC I.ENGTII Of 77.0-1 rEET TO TilE POINT or
BEGINNING.
PARCEL CONTAINING 1.929 SQUARE fEET. O.O-l ACRE
~i:;:;~~~s^;4ED4 ON 'THE BASELINE OF SURVEY Of STATE ROAD No. 4)4 fROM
FLORIDA DEP^~T~lO ST~TION .557+ 14.10 DEING N8)'50'2)"E ACCORDING TO
ROAD No 4)4 sr:cr .NT or TRANSPORTAno~. MA'.NTENANCr:. MAr OF STATE
. l.;, ION 77070, AND ARE ASSUMED.
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25' TEMPORARY STAK~ARDS .'.: ;.c; I'.:;,'!';-: 1;':' TIlE ~LORIr.I', l!:1AIlD 01' LAND
SURVEYORS I'URS:JAI\T :v AD/olINISTI\.\T!Vf; ('{)u:: RULE 211111.6
CONSTRUCTION EASEMENT ^NDSECT7/7?"'o~~"/, _' 30-0Z
STATE ROAD 434 (WA~~,r::RS .CURVE) ~~- --:::I ].
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MAINTENANCE MAP, STATE ROAD 434, SECTION 77070; THENCE S8)'30'23'W
ALONG SAID UASE LINE OF SURVEY A DISTANCE OF /46.91 FEET; THENCE
DEI'^RTING SAID DASE LINE S06'09')7"E A DISTANCE OF 23.00 FErrr TO A 1'0lNT
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RADIUS OF 464.19 FEET; AN ARC LENGTH OF 225.60 FEET TO A POINT OF A NON-
TANGENT COMPOUND CURVE; THENCE COI'ITINUE ALONG TilE SAID IUGHT-OF"
WA Y IN A SOUTH EJ.STEJU..Y DIRECTION ALONG A CURVE BEING CONCA VE TO
TIll: SOUTHWEST, HAVING A TANGEm' DEARING 01' 546'24'47"E, A CENTRAL
ANGLE OF 13'O~'22", AND A RADIUS OF 1209.32 FEET;' AN ARC LENGTH 01' )18.34
1'1:1:1" TO A POINT ON nlE EXIS1lNG SOUTIIWESTERL Y MAINTENANCIl RIGHT-OF"
WAY LINE; THENCE S2J'2I'JS"E ALONG SAID RIGHT-Ol'-WAY LINE A DISTANCE
OF )90.31 I'EET; THENCE S66')8'n"W DEPARTING SAID MAJNTANCE IUGHT-OF-
WA Y LINE AND ALONG THE TEMPORARY CONSTRUcrlON EJ.SEMENT LINE A
LlISTANCE OF 23.00 FEET; THENCE N2)'2I')8"W ALONG SAID EASEMENT LINE A
DI5T ANCE OF )88.36 FEET TO A POINT OF NON-TANGENT CUR VEA TURE; TH ENCE
ALONG TilE CURVE DElNG CONCA VE TO TilE SOUTHWEST, HA VING A TANGENT
IIEARING OF N31'W26'W, A CENTRAL ANGLE OF 14'31'41", AND A RADIUS OF
IIK4.~2 FEl:..,.; AN ARC LENGTH OF 309.)1 FEET TO A 1'0lNT OF A NON.TANGENT
COMPOUND C1l.lli; THENCE CONTINUE ALONG THE SAID EASEMENT L1NE,IN A
NOHTHWESTERLY DIRECTION ALONG A CUIlVE DEING CONCAVE TO TilE
SOUTIIWEST, HA VING A TANGENT DEARING OF N46'22'07"W, A CEI'ITRAL ANGl.E
OF 40''20'~2'. AND A RADIUS OF 439.19 FEET; AN AltC LENGTH OF )09.28 I'EET;
THENCE N06'06'O)"W DEI'ARTING THE SAID EASEMENT LINE A DISTANCE OF
2fd2 FEET TO THE POINT OF BEGINNING.
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I'ARCEL CONTAINING n.961 SQUARE FEET, 0.51 ACRE
1.~r:ARINGS DASED ON THE DASELlNE or SURVEYor STATE ROAD No. 4)4 FROM
S. fATION 498+48.48 TO STATION 557+ 14. 10 DE/NO N83',So'n-E.ACCORDING TO
H.ORIDA DEPARTME/'IT OF ~NSPORTAll0N MAINTENANCE MAr or STATr
(tOAD No. 4)4 SECTION 77070, AND ARE ASSUMED. .
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L\N1) SURVEYINc
DTVlSION ot
))19 MAOUI/~( BOUU:VARD, SUIIT \00 ORLANDO, FLORIDA J280J PHONE: 407-890.0J22 FAX 407-D94-0169'
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LEGAL DESCRr'PTION AND SKETCH
(NOT A~9lL~J2bRY SURVEY)
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Ja.,. cp)''5l''yJ STATION 498+4848 TO IlASELlNE or: SURVEYOr: STATE ROAD No. 434 FROM
25.00' FLORlDA DEPARTMeNT ~~T~ON 5~7+ 14.10 OEING N8J'SO'2J-E ACCOIlDING TO
ROAD No. 434 SEer/ON 77 1 RANSPOI~TAnON MAINTENANCE MAP OF STATE
. 070, AND AIU: ASSUMED.
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ALL THAT TRACT OR I'ARCEL or LAND LYING IN SEMINOLE COUNTY FI.OIlIl>A
AND OEING A I'ORT10N OF LOT IS AND LOT 19 OF DLOCK 0 OF I.).R. MITCIII:U:S
SURVIlY orTHE LEVY GRANT ACCORDING TO T1U; PLATTHEREOF AS IU;COKI>ED
IN PLAT DOOK I, PAGE 5. SEMINOLE COUNTY. I'LORlDA RECORDS. AND IIUN(j
MORE PARTICULARLY DESCRIDED AS FOLLOWS:
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COMMENCING AT TilE POINT or cunVATunE ON TilE UASEl,INE or SURVEY AT
STATION 557+ 14.10 ACCORDING TO TIll! FLOIlIDADEI'AIlTMENT OF
TRANSPORTATION MAINTENANCE MAl', STATE ROAD 4)4, SECTION 77070;
THENCE SS)'50'2)'W ALONG SAID IIASE LINE 01' SURVEY A DISTANCE 01' 221.H8
I:EET; TIIIlNCE DIlPARTING TIfE SAID DASE LINE S06'06'O)"E A DISTANCE or 49.78
FEITTO A POINT ON THE 1'f{OI'OSED SOUTIiEf{L \' RIGHT.or'WA Y LINe, 01' STATE
ROAI.) 4)4 AND THE POINT OF IIEGINNING; TlIIlNCE CONTINUIl S06'OO'O}"E
DEPARTING TilE SAID PROPOSED f{IGIIT.OI'.WA Y LINE A DISTANCE 01' 25.27 FEl?r
TO A POINT ON TilE TEMPORAIt Y CONSTItUCTION EASEMENT I.INE AND A 1'011'11'
ON A CUItVE; TIIENCI: ALONG SAI!) EASIlMENT UNE ALONG A CURVE BEING
CONCAVE TO TilE: SOUTII, IfAVING A TANCiENT lIEARING or NH7'27'}S"W, A
CENTRAL ANGLE 01' 0}')4'4)" AND A RADIUS or 4)9./9 I'EI:"', AN ARC LIlNC,.,.H
OF 27.4) FilET TO TilE POINT OF TANGENCY; TIfENCE COr-n'INUE ALONG SAI1.)
EASEMI:NT 1.INl! SHH'57'40'W A DISTANCE'OF 24).69 rEf:T; TIfENCE COr-n'INUE
ALONG SAID IlASEMENT 1.11'11: SS)'50'2)"W A I.)ISTANCE OF 222.19 FEET; TIIENCE
CONTINUE ALONG SAID EASEMENT LINE No<,'09')7"W A DISTANCE or 25.00 rEf:T
TO A POINT ON TllIl EXISTING SOUTIIERL \' MAINTENANCIl RIGIIT.OF,WA Y L1NI:
01' STATE ROAD 4)4; THENCe: NH)'50'2)"E Al.ONG SAID MAINTIlNANCE RIGIIT.or.
WA Y LINE A DISTANCE OF 2D.~1 rEeT TO A l'OINT ON TilE PI<OI'OSED
SOUTlIEHI. Y f{IGII'I':OF.WA v UN!:: TIIENCI: NMM'5]'40'E ALONG SAI() I'ltOI'OSED
SOUTIfEHI.Y R/GHT.OF.WAY A I.)ISTANCE Of' 244.MI rl:l:. TO A POINT Of'
CUHVATURE, TIfENCE ALONG SAID CUKVE, IlEING CONCAVE TO Till: SOUTH,
HA VING A CENTRAL ANGLI; OF 0)'06')6". AND A RADIUS or 4M.19 rEI:T, AN ARC
LENGTIl or 25.20 FEf:T TO TilE POINT or llEGINNING.
PARCEL CONTAINING 11.992 SQlJAI~E rEI"., 0.27 ACRE
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JUN ~6 '07 01:43PM KRUPPENBRCHER & RSSC
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P,1/2
LAW OFFICES
FRANK KRUPPENBACHER
A Professional Association
FA CSIMILE MESSA GE
TO:
Ron McLemore
FROM:
Tiffany Newman
Kruppenbacher & Associates, P .A.
RE:
Extension of Lease and Vested Rights Certificate
DA TE:
JtU1e 26, 1997
FAX#:
(407) 327-6912
NO. OF PAGES - 2 - (including cover sheet)
IF YOU HAVli: ANY PROBLEMS OR QUESTIONS WI'l'lI THIS FAX, ~LEASE CALL (407) 246.0200 OR FAX (407) 42G-7767
This message is intended only for the use of the individual or entity to which it is addressed and may contain information
that is privileged, confidential, and exempt.from disclosure under llpplicable law, If you are not the intended recipient,
you are hereby notified that any use, disserninstion, . distribution, or copy of this communication is strictly prohibited, If
you have received this communication in error, please notify us immediately at (407) 246.0200, Thank you,
MESSAGE: Attached for your information we received from A.C, Leerdam 1n
reference to the Extension of Lease and Vested Rights Certificate.
FROM 407-426-7767
06-26-97 01: 43 PM
P25
jUN' 26 '97 .01:43PM KRUPPENBACHER & ASSC
, - . -
FRtlrt ; 't:;UROCAP r TFlL PHONE NO. 407 6455244
Euro Capital Partners
17S LlJokout Place, #201
Maitland, FL 32751
(407) 645..5244 Phone
(407) 645-3804
COMPANY;
TO:
LA W OFFICES FRANK J{RUPPBNBACHER
MR. FRANK KRUPPBNBACHSR
FAX NO:
FROM;
DA TB:
(407) 426..7767
A.C. LEBRDAM
JUNE 23, 1997
R.S:
P.2/2
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EXTENSION OF LEASE AND VESTED RIGHTS CERTIFICATE
Total number of pages ( 1 ) including covel' pqe.
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I just returned from my overseas trip and fa~ your proposal relative to the extensions of the
lease and the Vested Rights Certificate. I have forwarded this document to Mr. Christy Wilson
and am awaiting his input. I will get back to you as soon as possible.
FROM 407-426-7767
06-26-97 01:43 PM
P26
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, 1991land be~ween
AGREEMENT
TIllS AGREEMENT entered into this /!R t~ay of J "'f.!
THE CITY OF WINTER SPRINGS, FLORIDA (hereinafter referred to as "City") and SPRINGS
LAND JESSUP SHORES JOINT VENTURE (hereinafter referred to as "Springs Land") provides
as follows:
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WHEREAS, City and Springs Land Investments, Ltd" previously entered into an agreemeriE
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dated March 3, 1992, and
WHEREAS, City previously issued to Springs Land Investments, Ltd" a Vested Right~
Special Use Permit, dated July 21, 1993, and
WHEREAS, Springs Land has acquired the interest of Springs Land Investments, Ltd,
WHEREAS, City and Springs Land are mutually desirous of clarifying certain agreements
between them;
NOW, THEREFORE, for and in consideration of the mutual promises hereinafter stated, the
parties agree as follows:
1. City and Springs Land hereby agree that the Vested Rights Special Use Permit shall
expire on July 21, 1998, Attached hereto and incorporated herein as Exhibit "A" is a true and correct
copy of the permit.
2. City and Springs Land agree that the March 3, 1992 Lease, a copy of which is
attached, hereto as Exhibit "B", is incorporated herein by reference and that all terms contained
therein, exc~uding paragraph 8 therein, are continued and extended in full force and effect up to and
including through July 21, 1998, Additionally, City and Springs Land agree to a new paragraph 8
as follows:
*After Recording Return to:
City of Winter Springs
1126 E. State Road 434
Winter Springs, FL 32750
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8, If during the term of this lease that expires on July 21, 1998,
Springs Land receiyes ,a bona fide written offer of purchase or
contract for purchase of the property covered by the lease, then the
City of Winter Springs, Florida, shall have the right to exercise an
option to purchase said property, at the same price offered by the
prospective purchaser and said option shall be available for forty-five
(45) days from the date of receipt of written notice of the option ::
period commencing from Springs Land,
By:
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WITNESSES AS TO WINTER SPRINGS
CITY
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This Agreement is hereby agreed to and accepted as of the Agreement Date~ '
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. '0 ALD W. MCLEMORE .
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ANICE PALLADINO
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WITNESSES AS TO SPRINGS LAND
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JESSUP SHORES
Title: Managing
Geraldine Shayne
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CITY OF WINTER SPRINGS
VESTED RIGHTS SPECIAL USE PERMIT
VR 93-02
In response to the Application for a Vested Rights Special Use Permit from Donald W.
McIntosh Associates,Incorporated; dated May 19, 1993, \vhich is incorporated herein by
reference, for the development Springs Land, the City of Winter Springs, Florida, hereby
orders that:
A. FINDINGS OF FACT:
1. The Applicant, Donald W. McIntosh Associates, (the "Applicant") filed its Application
for a Vested Rights Special Use Permit for the owner, Springs Land Investm~nts, Ltd.
(the "Owner") on May 19, 1993. The Application was deemed complete May 21,
1993. '
2. The property in'question is Springs Land (the "Property"), as more particularly
described in the exhibits to the Board of Adjustment application of March 3, 1992.
.3. The Owner acquired the Property by \Varranty Deed as signed on October 8, 1987 and
October 13, 1987, and recorded with Seminole County on October 14, 1987and
October 27, 1987, prior to the Comprehensive Plan Adoption Date of April 27; 1992.
4. The Property has a land use classifications of Mixed Use under the City's
Comprehensive Plan.
5. The p.roperty is currently subject to a proposed Comprehensive Plan amendment to
change the land use classification to Commercial. This proposed amendment was
' reviewed at a Public Hearing before the City Commission 9n July 12, 1993, prior to
transmittal to the Florida Department of Community Affairs.
6. The Property is zoned C-l Neighborhood Commercial under the City's zoning
regulations.
7. The development of the Property has been specifically approved via a Site Plan
Review Board approval dated February 27, 1992.
8. the Winter Springs Board of Adjustment approved a variance from Section 9-241
paragraph (d) of the city's Code of Ordinances, to allow a wet bottom pond, and
approved a variance from Section 9-346 of the city's Code of Ordinances, to allow the
EXHIBIT "A"
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site plan approval to be valid for no less than six (6) months after completion of the
Florida Department of Transportation State Road 434 realignment.
9. The Site Plan Review Board approval and the Board of Adjustment variance approval
shall be collectively known as the "City Approvals".
10. The Applicant has filed for common law vested rights, as outlined in Section IILC. of,
City Ordinance No. 534 (theUOrdinance").
11. The Applicant has noted the following expenses in the design and permitting of this
project:
a) Project design and permits - $172,906.39
b) Fees, licenses, miscellaneous expenses - $15,799.56.
The majority of these expenditures, however, occurred prior to the City Approvals and
do not qualifY as applicable expenditures as outlined in Section IILC.I. of the
Ordinance.
12. Physical development of this project has not commenced, nor can it commence, as the
Florida Department of Transportation (FDOT) has indicated through preliminary
roadway plans the requirement to acquire substantial portions of the Property for the
programmed improvement of State Road 434. It is the desire of the owner to proceed
with physical development once FDOT plans are finalized.
Attached are copies ofFDOT ~ght-of-wayreservation maps showing the proposed
' alignment of the improved State Road 434 transversing the Property (Exhibits"A" and'
"B "). The maps were prepared in December, 1992, and remain valid as of the
application date.
13. Section 337.241, Florida Statutes, discusses the effect ofFDOT's recording a map of
reservation, including the establishment of a building setback line with a five (5) year
moratorium on the issuance of development permits (Exhibit "C"). Thislegislation
was repealed on April 8, 1992, however, the Owner relied upon this legislation and the
map of reservation in terms of deferring development plans.
B. CONCLUSIONS OF LAW:
1. The application was timely filed pursuant to Section II,A3. of the Ordinance.
2. The Applicant has met the ownership requirements of Section IILA 1. of tile
Ordinance for vesting against the Comprehensive Plan and the Land Development
Regulations.
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3. The Appli~,ant was prevented from meeting all of the standards for common law
vesting, as described in Section nLC.l. of the Ordinance. Prior to the, Plan Adoption
Date, there were the following valid, unexpired acts of a government agency upon
which the applicant relied:
a. The Site Plan Board approval ofFehruary 27, 1992.
b. The Board ofAdju,stment approval of April 2, 1992
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c. The recorded FDOT reservation map for the proposed right-of-way for State Road
434. While the legislation authorizing the recording of such a map was repealed
nineteen (19) days prior to the Plan Adoption Date, the proposed right-of-way still
exists across the Property.
The Applicant has not made a substantial change in position or has incurred extensive
- obligations or expenses in reliance upon the City's Approvals as the Owner was
prevented from any development activities, beyond the expenses to acquire the City
approvals, by the FDOT's map of reservation upon the Property.
ORDER
IT IS HEREBY ORDERED that:
1. The Property is vested against any regulations of the City of Winter Springs adopted
after February 27, 1992 that would preclude the development of the Property as
described, in paragraph B.3. above. '
2. All development of the Property must be consistent with the terms of the City
Approvals on which this Permit is based. Any substantial deviation from the City
Approvals shall authorize the City to terminate this Permit and cause the development
involved to be subject to the Comprehensive Plan and implementing Land
Development Regulations,
3. This Vested Rights Special Use Permit applies to and runs with the Property.
4. Development of the Property shall remain subject to the requirement of the
Compre~ensive Plan and implementing Land Development Regulations except to the
extent that the application of such requirements would result in the denial of: '
A. The vested land uses;
B. The vested density or intensity of development;
C. Other specifically vested development entitlements approved in the City Approvals
on which the Vested Rights Special Use Permit is based.
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5. This pennit shall expire at the later of six (6) months after FDOT's realignment of
State Road 434 atWagner's CurVe or five (5) years after the issuance of the Vested
Rights Special Use Permit. This permit may be revoked by the City Commission upon
a showing by the City that failure to revoke the Pennit will result in a peril to the
health, safety or general welfare of the residents of the City that was unknown as of
the date hereof.
CITY OF WINTER SPRlNGS
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airman, Planning and oning Board
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