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HomeMy WebLinkAbout2002 06 24 Public Hearings C Development Agreement COMMISSION AGENDA June 24. 2002 Meeting Consent Information Public Hearing X Regular ITEM C* MOR. ()/' 1Dept.i- REQUEST: Community Development Department requesting Commission consider and approve a development agreement for a 7.561-acre tract at the northeast corner of the intersection of U.S. 17 - 92 and Nursery Road. PURPOSE: The purpose of this Agenda Item is to request that the Commission approve a development agreement addressing issues and concerns pertinent to rezoning the 7.561-acre tract at the northeast corner of the intersection of U.S. 17 - 92 and Nursery Road. APPLICABLE LAW: Chapter 163, Florida Statutes. FINDINGS: 1. The development agreement is authorized and written pursuant to Chapter 163, Florida Statutes. 2. Chapter 163, Florida Statutes requires the development agreement to be heard at 2 public hearings. Each hearing must be advertised in a newspaper, approximately 7 days before each public hearing. Abutting property owners must be notified by mail. These statutory requirements have been met. 3. The development agreement is consistent with the City's Comprehensive Plan and Code of Ordinances. June 24, 2002 Public Hearing Item C* Page 2 of2 4. The development agreement provides for reasonable use of the subject property, while addressing issues and concerns pertinent to the present and future use of the site. 5. All affected parties have been involved in reaching a consensus on a concept of how the site will be developed, to minimize negative affects upon adjacent residential properties, while affording the applicant reasonable use of the property. All parties understand that phase II ofthe site will involve a full scale site plan review, subject to all of the City regulations. CONSIDERATIONS: Staffhas attended meetings with both the applicant and area residents. Mr. Reece states that he has attended 12 meetings with area residents. This development agreement provides adequate assurance that rezoning the subject 7.561-acre tract to C-2 will not create or worsen the negative impact upon the nearby residences - and, in fact, will lessen the negative impact. This matter was deferred by the City Commission on February 11,2002, on February 25,2002, on March 11, 2002, and again on June 10, 2002. RECOMMENDATION: Staff recommends that the City Commission approve the attached development agreement, which addresses future development phasing, traffic, parking, and buffering. ATTACHMENTS: A Development Agreement, as revised by the City Attorney. B Minutes ofthe March 11, 2002, City Commission meeting. C Un-executed copy of an inter-local agreement between the City and Seminole County relating to road transfers. D Notice of Public Hearing COMMISSION ACTION: 2 ATTACHMENT A Development Agreement will be available from City Attorney at meeting time. .. "J Sent By: BROWN,WARD,SALZMAN&WEISS,P.A.; 407 425 9596; Jun-21.02 11 :38AM; Page 2 Prepared by and Rcturn to: Anthony A. Gargancsc, City Attorney Brown, Ward, Sil!zrniln & Weiss, P A. 225 E, Robinson Street, SuIte 660 P,O. Boo: 2673 Ortsndo. Fl 32802-2873 ~(,)...'Ho~ ~<; ~-J~~ ~~ v.J~ 1V=>-y,kJ' d""~ ~~ ~ llj2--rv\-/ ~lL--~~ c1- /' L, ( ~'f{ {) d...- . 6121102 Percel I.D, Noc, 33-20.30-503-0000-0190 33-2O-3O-503-0000-019A 33-20-30-503-OQO().019C 33-20-30-S03-OO()()...D19E 33- 20-30-513-0000.00 1 0 33-20-30.513-0000-0120 BINDING DEVELOPMENT AGREEMENT THIS BINDING, DEVELOPMENT AGREEMENT (herein referred to as the "Development Agreement"), made and executed this . day of J 2002, by and between the CITY OF WINTER SPRINGS, a Florida municipal corporation (herein. referred to as the "City"), whose address is 1126 East State Road 434, Winter Springs, Florida, 32708, and WAYNE P. REECE, an individual (herein referred to as "Reece"), whose address is 561 Virginia Drive, Winter Park., Florida, 32789. WITN ESSETH: WHEREAS, Reece owns certain real property located in the City of Winter Springs, Florida, and WHEREAS. the Subject Property was annexed into the City of Winter Springs from. unincorporated Seminole County and Reece has petitioned to amend both the Future Land Use (FLU) designation ,and zoning classification to the appropriate City designation and classification; and WHEREAS. Reece desires-to- proclaim his -plans for future use of the Subject Property, as set forth under this Development Agreement; and Be1t By: BROWN,WARD,SALZMAN&WEISS,P.A.; 407 425 9596; Jun-2i -02 11 :39AM; Page 3 WHEREAS, Reece acknowledges that certain building safety, parking and traffic problems exist on the Subject Property, as well as compatibility issues with surrounding residential uses, and proposes measures to minimize the negative impacts of these problems and to enhance the compatibility of the Subject Property with the surrounding residential uses; and WH EREAS, Reece proposes to enter Into this Development Agreement with the City to permit the future development of the Subject Property while minimizing the negative impacts and enhancing compatibility of the existing and future uses of the Subject Property, subject to requirements of the City's Comprehensive Plan, the Code of Ordinances, and conditions set forth in this Development Agreement; and WHEREAS, the City finds this Development Agreement consistent with the Comprehensive Plan and City Code of Ordinances and that approval of this Development Agreement is a legislative act of the City Commission of the City of Winter Springs; and WHEREAS, the City Commission further finds that this Agreement promotes the public health, safety, and welfare and is consistent with, and an exercise of, the City's powers under the Municipal Home Rule Powers Act, as provided in s" 2(b), Article VIII of the Florida Constitution and Chapter 166.021, Florida Statutes, and the City's police powers; and WHEREAS,this' Qevelopment Agreement was also adopted pursuant to the public hearing procedures set forth in Section 163_ 3225, Flon"da Statutes, and to the extent that the Municipal Home Rule Powers Act does not authorize any provision hereunder, said provision shall be deemed adopted in accordanca with the authority granted under 2 Sent By: BAOWNJWAAOJSALZMAN&WE~SSJP.A.; 407 425 9596; Jun-21 -02 11 :39AM; Page 4/15 Sections 163.3220 -163.3243, Florida Statutes, the "Florida Local Government Development Agreement Act.. NOW THEREFORE, in consideration of the mutual covenants and mutual benefits herein contained, the parties agree as follows: 1. Recitals. The foregoing recitals are hereby incorporated herein by this reference and deemed a material part of this Development Agreement. 2. Authority. This Development Agree'!lent is entered into pursuant to the Florida Municipal Home Rule' Powers Act, Code of Ordinances of the City of Winter Springs. and to the extent necessary, the Florida Local Government Development Agreement Act. 3. Representations of Reece and City. Reece and City hereby represent anq warrant that Reece and City have the power and authority to execute, deliver and perform the terms and provisions of this Development Agreement and have taken all necessary action to authorize the execution, delivery and performance of this Development Agreement. 4. Subject Property. The real property subject to this Development Agreement (hereinafter referred'to as "Subject Property") is legally described in Exhibit "At" which is attached hereto and incorporated herl;lin by this reference. . . 5. Phased Development. Reece agrees that future development of the Subject Property shall be in two (2) phases, as follows: 5.1 Phase I. Reece agrees to promp.t1y commence, and fully complete within six (6) months, the following development requirements in substantial 3 Ssn: By: BROWN,WARD,SALZMAN&WEISS,P.A.; 407 425 9596; Jun.21.02 11 :39AM; Page 5/15 conformance with the conceptual Phase I Site Plan, which is attached hereto as Exhibit "8," and fully incorporated herein by this reference C'Phase I Plan"): A. Reece shall delineate and stabilize a grass parking area for vehicles on the Subject Property which shall be located generally east of the eastern-most existing automotive garage building and northeast of the intersection of Nursery Road and Ridge Road. B. Reece shall create and maintain a ~no parking" zone on the f Subject Property which shall be approximately twenty (20)feet wide by two- hundred seventy (270) feet long ahd generally located adjacent to Nursery Road and depicted on the Phase II Plan described below. The zone shall be posted and enforced as a "tow-away zone" in accordance with Section 715.07, FJodda Statutes. The zone shall also be kept at all time free of debris and obstructions of any kind. C. Reece shall Construct a six (6) foot high masonry wall, with a twenfy-five (25) foot wide vegetative buffer, along the entire north and east boundaries of the Subject Property that abut a residential area. Said wall shall be constructed of material and designed in a manner deemed acceptable to the City. The location of said wall and buffer is generally depicted on the Phase I Plan. No improvements shall be located within the buffer area except landscaping, the wall, and a portion of .the proposed retention pond (north boundary only) as depicted on the Phase I Plan. 4 Sent By: BROWN~WARD,SALZMAN&WEIS~,P.A.; 407 425 9596; Jun-21-0211:39AM; Page 6/15 D. Reece shall construct a four (4) foot high masonry wall along the south boundary of the Subject Property that generally runs approximately four hundred (400} feet from Talmo Street towards Ridge Street. Said wall shall be constructed of material and designed in a manner deemed acceptable to the City. The location of said wall is generally depicted on the Phase I Plan. Future ingress and egress through the four (4) foot wall may be constructed during Phase II of the development upon approval by the Ci.ty. E.. Reece shall re-stripe the parking spaces directly in front of the existing eastern-most automotive garage building along Nursery Road to a width of ten (10) feet each. 5.2 Phase II. Reece agrees to fully complete the following development requirements in substantial conformance with the conceptual Phase II Site Plan which is attached hereto as Exhibit "C," and fully incorporated herein by this reference ("Phase II Plan"). A. Prior to final site plan approval for Phase " development.. Reece shall have prepared a written traffic study and report ("Traffic Report") to address the development under the Phase II Plan. The Traffic Report shall be conducted by a traffic engineer and using a methodology deemed acceptable to the City. The Traffic Report shall be at Reece's expense. The Traffic Report shall address and provide recommendations 5 Sent By: BROWN,WARD,SALZMAN&WEISS,P.A.; 407 425 9596; Jun-21 -02 11 :40AM; Page 7/15 regarding, at a minimum, traffic generation, safe and efficient traffic movement, pedestrian safely issues, right-of-way adequacy, curb-cut location, and the potential for on- and off-site traffic improvements. The Traffic Re'port shall be subject to review and recommendation by the City's traffic consultant. Reece agrees to reimburse the City for the actual cost of the City's consultant's fees for providing said review and recommendation. The final site plan for the Phase 1/ development shall implement the recommendations accepted by the City to the maximum extent feasible. The parties agree to coordinate the Traffic Report with the Florida Department of Transportation. B. Reece shall construct the proposed Phase II buildings which are depicted on the Phase II Plan. C. Unless sooner required by law, the Phase II development shall bring all the parking areas on the Subject Property into conformance with all applicable handicapped accessibility regulations. D. Illumination levels from the Subject Property shall not produce off-site illumination in residential areas nor off-site illumination in excess of 0.5 foot candles in commercial/industrial areas. Flickering of intrinsically bright sources of illumination shall be controlled so as not to be a nuisance to surrounding areas. 6. Special Property Restrictions. Reece agrees that the Subject Property shall be bound by the following special restrictions: 6 Sent By: BAOWN,WAAD,SALZMAN&WEISS,P.A.j 407 425 9596; Jun-21.0211:40AM; P2ge 8/15 6.1 Existing commercial/industrial floor area shall not be expanded on the Subject Property, until Phase II development has received final approval by the City. Phase II may be developed in phases. 6.2 On the eastern-most four hundred (400) feet of the Subject Property, auto repair shops, mechanic shops, auto body shops, auto paint shops, sheet metal shops, fabrication shops, industrial uses, and uses which generate obnoxious odors and excessive noise shall be strictly prohibited. 6.3. Businesses operating on the eastern-most four hundred (400) feet of the Subject Property shall limit their hours of operation between 6:00 a.m. and 9:00 p.m. 6. 4 To the extent that City of Winter Springs' water and sewer service is readily available to the Subject Project, as determined by the City, Reece shall utilize said services. Reece shall be responsible for all fees, connection charges, impact fees, and other fees required to be paid to obtain said services. 6.5 Reece shall fully cooperate with the City in the City's attempt to acquire additional right-of-way in order to widen Nursery Road to a standard road width at and near the intersection of U.S. Highway 17 -92. 7. Park Property Donation. Within ninety (90) days of recording this Development Agreement in the Public Records of Seminole County, Reece shall donate and convey Lots 1 and 12 of Block D, Talmo Subdivision, Plat Book 9, Page 10 of the Public Records of Seminole County for use and maintenance as a park. The closing on said property shall be conducted by the City Attorney and each party shall bear the closing fees that are customary for a seller and buyer under the Florida Bar Standard Real Estate 7 Sent By: BROWN,WARO,SALZMAN&WEISS,P.A.; 407 425 9596; Jun-21 -02 11 :40AM; Page 9/,5 Sale and Purchase Agreement. The City agrees to execute I.R.S. Form 8283 to acknowledge the donation of said real property upon proper receipt of the form from Reece. 8. Successors and Assiqns. This Development Agreement shall automatically be binding upon and shall inure to the benefit of the successors and assigns of each of the Subject Property. 9. Applicable Law. This Development Agreement shall be governed by and construed in accordance with the laws of the State of Florida and the City of Winter Springs. 10. Amendments. This Development Agreement shall not be modified or amended except by written agreement executed by all parties hereto and approved by the City Commission of the City of Winter Springs. 11. . Entire AQreemant. This Development Agreement supersedes any other agreement, written or oral, and contains the entire agreement between the parties as to the subject matter hereof. 12. Severability. If any provision of this Development Agreement shall be held 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 Development Agreement. 13. Effective Data. This Development Agreement shall become effective upon approval by the City of Winter Springs City Commission and execution ofthis Development Agreement by all parties. 8 Sent By: BROWN,WARD,SALZMAN&WEISS,P.A.;. 407 425 9596; J un. 21 .02 1 1 : 41 AM; P3ge 10/15 14. Recordation. Upon approval by the CityofWinter Springs City Commission and execution of this Development Agreement by all parties, this Development Agreement and any amendments hereto, shall be recorded by the City in the public records of Seminole County, Florida, and shall run with the land. 15. Relationship of the Parties. The relationship of the parties to this Development Agreement is contractual and arm's length. Reece is not an agent of the City for any purpose. Nothing herein shall be deemed to create a partnership, or joint venture, or principal-agent relationship among the parties, and no party is authorized to, nor shall any party act toward third persons or the publiC in any manner which would indicate any such relationship with any other party. 16. SovereiQn Immunitv. Nothing contained in this Development Agreement shall be construed as a waiver of the City's right to sovereign immunity under Section 768.28, Flonda Statutes, or any other limitation on the City's potantialliability under state or federal law. 17. Citv'g Police Power. Reece acknowledges and agrees that the City hereby reserves all police powers granted to the City by law. In no way shall this Development Agreement be construed as the City bargaining away or surrendering its police powers. 18. Interpretation. The parties to this Development Agreement acknowledge and agree that all parties have participated equally in the drafting of this Development Agreement, and no party shall be favored or disfavored regarding interpretation of this Development Agreement in the event of a dispute between the parties. 19. Conceptual Plans: Permits_ Reece acknowledges and agrees that the Phase I and Phase II Plans are conceptual in nature and that final site plan approval is 9 Sent By: BROWf-l,WARD,SALZMAN&WEISS,P.A.; 407 425 9596; Jun-21.02 11 :41AM; Page 11/15 required ~y the City before any development can lawfully commence. Furthermore, the . City may, at its discretion, require changes to the conceptual plans in order to address the requirements of the City's Comprehensive Plan, Code of Ordinances, and the public health, safety, and welfare. The failure of this Development Agreement to address any particular City, county, state and federal permit, condition, term or restriction shall not relieve Reece or the City of the necessity of complying with the law governing said permitting requirements, conditions, term or restriction. 20. Third Party RiQhts. This Development Agreement is not a third party beneficiary contract, and shall not in any way whatsoever create any rights on behalf of any third party. 21. Specific Performance. Strict compliance shall be required with each and every provision of this Development Agreement. The parties agree that failure to perform the obligations established in this Development Agreement shall result in irreparable damage, and that specific performance of these obligations may be obtained by suit in equity. 22. Attornevs' Fees. In connection with any arbitration or litigation arising out of this Development Agreement, the prevailing party shall be entitled to recover reasonable attorney's fees and costs through all appeals to the extent permitted by law. The City shall have the right to lien the Subject Property for any attorneys' fees and casts awarded the City under this Development Agreement which are not timely paid by Reece. 23. Future RezoninQslDevelopment Permits. Nothing in this Development Agreement shall limit the City's authority to grant or deny any future rezoning or development permit applications or requests, or the right of Reece to apply for or appose 10 Sent By: BROWN,WARD,SALZMAN&WEISS,P.A.; 407 425 9596; Jun-21 -02 11 :41AM; Page 12/15 any future rezoning or development permit application subsequent to the Effective Date of this Development Agreement. In addition, nothing herein shall be construed as granting or creating a vested property right or interest in the Subject Property. 24. Duration. This Development Agreement shall run with the land unless revoked or modified by Reece and the City by filing a recorded instrument of equal dignity herewith in the public records of Seminole County, Florida. 25. Notices. All notices and correspondence shall be sent or delivered by registered or certified mail to the parties hereto, return receipt requested, with copies forwarded to their respective attorneys at the addresses set forth below or at such other addresses as the parties hereto shall designate to each other in writing: A. If to City: With copies to: B. If to Reece: With copies to: Mr. Ronald W. McLemore, City Manager City of Winter Springs 1126 East State Road 434 Winter Springs, Florida 3270B Telephone: 407-327-5957 Facsimile: 407-327-4753 Anthony A. Garganese, City Attorney Brown, Ward, Salzman & Weiss, P.A. Post Office Box 2873 Orlando, Florida 32802-2873 Telephone: 407-425-9566 Facsimile: 407-425-9596 Mr. Wayne P. Reece 561 Virginia Drive Winter Park, Florida 32789 T elsphone: 407-647-0911 Facsimile: 407-647-6491 John A. Leklem, P.A. 5151 Adanson Street, Suite 98 Orlando, Florida 32804 Telephone: 407 -628-3577 Facsimile: 407-628-2975 11 Sent By: BROWN,WARD,SALZMANSWEISS,P.A.; 407 425 9596; JU1-21 -02 11 :41AM; Page 13/15 Any notice or demand so given, delivered, or made by registered or certified mail will be deemed so given, delivered or made three (3) days after the same is deposited into a U.S. Mail receptacle and verified, return receipt requested, addressed as above, provided with postage thereon pre-paid. Any such notice, demand, or document not given, delivered, or made by registered or certified mail as aforesaid shall be deemed to be given, delivered, or made upon receipt of the same by the party to whom the same is to be given, delivered or made. 26. Force Majeure_ 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 Development 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 Development Agreement to the contrary, that failure shall not constitute a default under this Development 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. 27. Citv's Riqht to Terminate Agreement. Failure by Reece to perform each and everyone of its obligations hereunder shall constitute a default, entitling the City to pursue whatever remedies are available to it under Florida law or equity including, without 12 Sent 3y: BROWN,WARD,SALZMAN&WEISS,P.A.; 407 425 9596; Jun-21-0211:42AM; Page 14/15 limitation, an action for specific performance and/or injunctive relief or alternatively, the termination of this Development Agreement. Prior to the City filing any action or terminating this Development Agreement as a result of a default under this Development Agreement, the City shall first provide Reece with written notice of said default. Upon receipt of said notice, Reece shall be provided a thirty (30) day opportunity in which to cure the default to the reasonable satisfaction of the City prior to filing said action or terminating this Development Agreement. If thirty (30) days is not a reasonable period in which .to cure the default, the cure period shall be extended to a reasonable cure period mutually acceptable to the City and Reece, but in no case shall that cure period exceed one-hundred twenty (120) days. Upon termination of the Development Agreement, Reece shall immediately lose all rights and privileges granted hereunder. IN WITNESS WHEREOF, the parties have executed this Development Agreement as of the date first written above. ATTEST: CllY OF WINTER SPRINGS, a Florida Municipal Corporation: By: By: ANDREA LORENZQ.LUACES City Clerk PAUL P. PARTYKA Mayor WAYNE P. REECE, an individual: WITNESSES: By: WAYNE P. REECE Date: 13 Sent By: BROWN,WARO,SALZMAN&WEISS,P.A.; 407 4'25 9596; Jun-21-0211:42AM; Page 15/15 STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this _ day of , 2002, by Wayne P. Reece, [ ] who is personally known to me, or [ ] who has produced as identification. 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'" . i 0 0 - ~ ~ ~ ~ I , .... ~~ ~ ~~ ~ !-:l~ ~~ ~ V)~ ~ ~~ Cl;G ~ :'l: ~..... ~ ~~ ~ ~:'<: ~~ ~ k ~ , ~ (~ ,. ~ ~ J ~ a G .0 u~ z8 : :0 "':Cj' 0 .g wCl 'P i.. .11 II 0'"' D. I~: :~~ >=:,~;: ..~t ~.~a~ ~ ,,:1: fD ~ ..~- ErJ II.:...! =_ci:)( f&1.!:!i c:I.:~~ C:.=! .c a .'" ~.,'" ...1 ~:,,~ = a~~ . 00 :c. 0 ~!g:~ o..=~g .....: <Ca ~ 9: g~ ~-;~ ... ~,.. ..0 ~ : ~ ~. oJ ....:: - 0 2; A ~2 c:: : A, u. . o SHEET NO. 2of2 ( " CITY OF WINTER SPRINGS MINUTES CITY COMMISSION . REGULAR MEETING - MARCH 11,2002 PAGE 9 OF 28 COMMISSIONER BLAKE: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. A cake was presented to Commissioner Martinez in honor of his Birthday. Mayor Partyka called a Break at 8:05 p.m. Mayor Partyka reconvened the Meeting at 8:26 p.m. Mayor Partyka said, "I have got three (3) here for 'Public Input' - Charles Cordero, Pam Cordero, and Maryann Avery - that's in terms of the Parks. We've already handled that issue, so we'll just put that as part of the record." Commissioner Blake returned to the Commission Chambers at 8:27 p.m. .:..:. AGENDA NOTE: THE FOLLOWING PUBLIC HEARINGS AGENDA ITEMS WERE DISCUSSED IN THE ORDER AS DOCUMENTED. .:. .:. ( ". v. PUBLIC HEARINGS PUBLIC HEARINGS C. Community Development Department Requests The City Commission Conduct A Public Hearing For The First Reading Of Ordinance 2002-01 That Would Assign A Future Land Use Map (FLUM) Designation Of (City Of Winter Springs) "Commercial" To The Properties Totaling 7.561 Acres, Located North And South Of Nursery Road And Adjacent To U.S. Highway 17/92. "MOTION TO READ BY 'TITLE' ONLY." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER MILLER. DISCUSSION. l' \.. Commissioner Blake stated, "I am very surprised to see this back on the Agenda in its exact original form, I think, as it was the last time we passed over it. I think the only hope at this point is for us to 'Table' this at this point in time and have Staff bring it back to us as we have already stated, I believe as a Commission we desire it to be brought back. I will disclose that I did have a conversation with the property owner and the applicant shortly after our last Meeting and we discussed a method by which he could place a Land Use and Zoning classifications on that property that works for everybody." Manager McLemore explained that "We're proposing that we clean up your Zoning Ordinance and take Industrial uses out of the C-2, fix the 'Commercial' and 'Industrial' permitted uses in your Ordinance and then come back at a later date, as soon as this goes c. CITY OF WINTER SPRlNGS MINUTES CITY COMMISSION REGULAR MEETING - MARCH 11,2002 PAGE 10 0F28 through the Planning Commission and processes through, and then apply the appropriate Zoning with an appropriate zone, which we do not have at this point in time." Commissioner Blake said, "Point of Order" and commented on the Motion. Mayor Partyka summarized the Motion on the floor - "Read this by 'Title' only, that's the Motion right now." VOTE: DEPUTY MAYOR GENNELL: NAY COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: NAY COMMISSIONER MILLER: NAY MOTION DID NOT CARRY. Commissioner Blake stated, "Point of Order" and spoke on legal procedures associated with this Agenda Item ( "MAYOR, I AM GOING TO MAKE THE MOTION THA T WE MOVE DISCUSSION OF THIS ITEM, THAT BEING ORDINANCE 2002-01 FOR DISCUSSION PURPOSES ONLY TO THE REGULAR AGENDA." COMMISSIONER BLAKE REITERATED HIS MOTION AS, "MY MOTION WAS TO MOVE CONSIDERATION OF ORDINANCE 2002-01 AND ITS DISCUSSION TO A REGULAR AGENDA ITEM." MOTION BY COMMISSIONER BLAKE. COMMISSIONER BLAKE FURTHER CLARIFIED HIS MOTION AS, "MAYOR, MY MOTION IS TO NOT READ THIS ORDINANCE AND TO MOVE IT TO THE REGULAR AGENDA FOR FURTHER DISCUSSION." SECONDED BY COMMISSIONER MILLER. DISCUSSION. COMMISSIONER MARTINEZ ADDED, "WE NEED A P ARLIMENT ARIAN HERE. " ...... 1\....:. \..., '.:'~,:) . VOTE: COMMISSIONER MILLER: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER MARTINEZ: NAY COMMISSIONER BLAKE: AYE MOTION CARRIED. PUBLIC HEARINGS D. Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing For First Reading Of Ordinance 2002-02 To Rezone A 7.561-Acre Tract, Located On Nursery Road On ( '. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MARCH 11,2002 PAGE II OF 28 The East Side Of U.S. 17-92, From (County) C-2 "Retail Commercial", C-3 "General Commercial & Wholesale", R-2 "One And Two Family Dwelling", And R- I-A "Single Family Dwelling" District To (City) C-2 "Commercial & Industrial." "MA YOR, I WOULD MAKE THE SAME MOTION FOR PUBLIC HEARINGS ITEM 'D,' THAT'S ORDINANCE 2002-02, WHICH IS THE SAME QUESTION ONLY DEALING WITH THE ZONING ISSUE ON THE SAME PARCEL." MOTION BY COMMISSIONER BLAKE. SECONDED BY DEPUTY MAYOR GENNELL. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER MILLER: AYE COMMISSIONER MARTINEZ: NAY MOTION CARRIED. ,. I \ Mayor Partyka stated, "What we are doing is now discussing 'c' and 'D.' We will allow some input from the public, and then after that we are going to go "into Regular Item 'A,' which is the Development Agreement." Further, Mayor Partyka explained, "We moved all three (3) items to this time, so we could handle all the people - so we are going to handle this right now, just as under the Regular Agenda." .:. .:. AGENDA NOTE: THE FOLLOWING AGENDA ITEMS WERE DISCUSSED NEXT UNDER THE REGULAR AGENDA, AS DOCUMENTED. .:. .:. VI. REGULAR (FORMERLY PUBLIC HEARINGS AGENDA ITEM "C") Community Development Department Requests The City Commission Conduct A Public Hearing For The First Reading Of Ordinance 2002-01 That Would Assign A Future' Land Use Map (FLUM) Designation Of (City Of Winter Springs) "Commercial" To The Properties Totaling 7.561 Acres, Located North And South Of Nursery Road And Adjacent To U.S. Highway 17/92. c. (FORMERLY PUBLIC HEARINGS AGENDA ITEM "0") Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing For First Reading Of Ordinance 2002-02 To Rezone A 7.561-Acre Tract, Located On Nursery Road On The East Side Of U.S. 17-92, From (County) C-2 "Retail Commercial", C-3 (" CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MARCH 11,2002 PAGE 12 OF 28 "General Commercial & Wholesale", R-2 "One And Two Family Dwelling", And R- I-A "Single Family Dwelling" District To (City) C-2 "Commercial & Industrial." (FORMERLY REGULAR AGENDA ITEM "A") Community Development Department Requesting Commission Consider And Approve A Development Agreement For A 7.561-Acre Tract At The Northeast Corner Of The Intersection Of U.S. 17-92 And Nursery Road. Manager McLemore spoke briefly on the Zoning classifications; and then Mr. Charles Carrington, AICP, Community Development Department Director gave a historical perspective on the properties in question. With further discussion, Manager McLemore stated that "There are extreme site conditions that have got to be a part of this solution. Simply zoning the property is not going to solve the problem." Further comments were made by Mr. Carrington. C' Mr. Phil Reece, 681 Virginia Drive, Winter Park, Florida: addressed the Commission and stated, "My suggestion would be that the property that is - currently being used as 'Commercial' including the duplexes which are non-conforming in that area, - from there west to 17-92 be your Zoning of C-2. The property to the rear - 'Residential.' 1 guess you call it R-3, I'm not totally familiar with that density - 'High Density Residential' - and the property across the street, the same way; and 1 don't see, you know that that would cause me any great heartaches and 1 could still eliminate the parking problem that I've got up there, because I could at that point utilize some of that R-3 or R-T or whatever you call it as a parking area. So, the only thing that would be developed in the back is 'Residential Multi-Family' or duplex or something on that order. 1 guess that again has to go through your Planning Department and whatever traffic it generates it has to take care of that or it can't be developed, or make it into a park or give it to a church or do something with it." Mayor Partyka said to Mr. Reece, "But, conceptually it sounds like you are agreeing with what the things are being said right now." Mr. Reece stated, "Conceptually, I am agreeing with that, yes." For clarification purposes, Mr. Reece pointed out to the City Commission the property he was speaking about. Tape 2/Side B With discussion on the parking situation, Mr. Reece stated, "I along with the tenants have created a problem that needs to be corrected." ( . ',. C. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MARCH 11,2002 PAGE 13 OF 28 Mr. Rick Labinsky: as an engineer working for Mr. Reece, addressed the Commission on parking issues and the duplex concept. Manager McLemore said to Mr. Reece, "If you developed a multi-family arrangement back there, you would need parking to accommodate multi-family, then also parking to accommodate really what is off-site parking for the commercial area, right?" Mr. Reece responded, "I don't need off-site parking. I've got more than adequate parking." Manager McLemore then said to Mr. Reece, "And the front end of your recommendation - the front would be C-2?" Mr. Reece stated, "Yes, sir." Manager McLemore then stated, "Is it the Commission's desire for that to be inclusive of the current industrial uses?" Commissioner Blake stated, "As revised." Mayor Partyka added, "I believe the comment made by Mr. Carrington was that they're talking about a revised C-2 Zoning that is going to be - developed shortly for this Commission to ultimately make that decision." Manager McLemore stated, "Correct." Further discussion. ( Commissioner Blake suggested that "I would like to at this point, send it back to Staff. I don't know that it necessarily has to go back through P and Z [Planning and Zoning BoardILocal Planning Agency]." Furthermore, Commissioner Blake stated, "I think we could certainly send this back to Staff to have them develop a Developer's Agreement, put together a Developer's Agreement with the property owner that embraces everything that we've talked about this evening, go through that C-2 list and scratch out those things - in my opinion, some of the items that we have talked about moving from C-2 to 'Industrial' would end up making some of these parcels that he has already - as non- conforming uses and we need to decide whether, and I think this is a Staff issue to work on and bring it back to us to decide whether we want those three (3) or four (4) non- conforming uses for the period of time or if we want to through a Developer's Agreement allow those uses because of currently allowed Zoning in the future." Commissioner Blake added, "We need to have it go back to you folks to work and bring it back to us in two (2) weeks or four (4) weeks or whatever." Deputy Mayor Gennell spoke of her concerns with the "linear junkyard" and said that she was not in support of accommodating more "So-called parking spaces." Commissioner Martinez voiced his concerns with Commissioners speaking with applicants. Commissioner Blake stated, "Point of Order" and asked Mr. Reece 10 clarify who called who. Mr. Reece stated that he had personally called Commissioner Blake. Attorney Garganese addressed the most recent comments and added that this was a legislative matter. ( CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MARCH 11,2002 PAGE 14 OF 28 Ms. Cindy Slack, 1220 George Street, Winter Springs. Florida: spoke on behalf of her neighbors and commented that they had met with Mr. Reece on three (3) occasions; mentioned an oil slick which was a concern; noise problems; parking concerns; problems with tenants; and a previous consultant. Ms. Slack added, "We talked at the last Meeting and requested possible annexation into the City. You had directed - I'm not sure who on your Staff to get information to me, that I would be the person that would spearhead it. I've not received any of that information yet, and these are issues that really could be addressed with that information if we had some enforcement." Mayor Partyka said, "So, follow up on that with the City Manager." Manager McLemore spoke of Commissioner Blake's recommendation and reiterated, "We'll hold off on this Development Agreement and meet back with the parties and see if we can deal with this permitted uses situation." Manager McLemore added, "I would like to bring back this original POO [Planned Unit Development] plan and see what it was in there that people seem to be agreeable to." ( Mr. Reece then stated, "Those duplexes that are next door have a well, and those wells are monitored by Seminole County and they have to have - the water has to be checked I believe, every ninety (90) days, and the well has never failed and the well was there when 1 bought the property, and it's still in use. So, I assume that it is much closer to all this pollution that is going on and the oil that is going in the ground and - it's still in good shape. I intend to hook that up to City water. But, be that as it may, they may not have that option. The other is, as the City Manager pointed out, if! go in there and build a wall and do a parking lot and with proper retention it meets all the requirements of the City, it seems to me that that would be more palatable to the neighborhood than a commercial building, which she is alluding to - and I am saying I don't want any commercial buildings back there on that property. All I would like to do is clean up the property that I've got up front. I can't do that without a parking lot: I can leave the property as is - just right where it is and not do anything." Manager McLemore explained, "We need your concurrence to take a rezoning scheme back to the Planning Commission. At the same time, I will meet with Mr. Reece and the Staff - you are welcome to come along - we need to discuss these permitted uses we are talking about and how we are going to deal with them, even though we think we already have a way of doing it - and see if we can get another step closer to where we could come back at either the next or right after that Commission Meeting with a Development Agreement." Ms. Slack stated, "Agreed." Commissioner Martinez asked to correct the record about previous comments that were stated and said "My words very clearly, which are still on the record say that they 'should be' - big difference from saying they 'are' or they 'should' be." ( "I WOULD LIKE TO MAKE A MOTION TO DISPOSE OF ITEMS 'c' AND 'D' ENTIRELY AND START NEW THE NEXT TIME, FOR THE SIMPLE REASON THAT AS THEY ARE CURRENTLY WRITTEN, THEY DON'T REFLECT THE " ATTACHMENT C ( ( ( CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MARCH 11,2002 PAGE 15 OF 28 WILL OF THE COMMISSION A YEAR AGO - AND THERE ARE ALL KINDS OF DISAGREEMENTS BETWEEN THE DOCUMENTATION FOR THE AGENDA ITEM AND THE ORDINANCE ITSELF - THE MINUTES THAT ARE HERE REFLECT THE FACT THAT LAST YEAR THIS WAS BROUGHT TO US AS A C-2 PROPOSAL. WE AS A COMMISSION VOTED TO SEND IT TO SECOND READING AS C-l, AND IT CAME BACK IN FACT AS C-2." MOTION BY DEPUTY MAYOR GENNELL. DEPUTY MAYOR GENNELL ADDED, "WE ARE GOING TO BE DEALING WITH A DIFFERENT - ENTIRE ORDINANCE ANYHOW, AND I WOULD JUST LIKE TO SEE IT START OVER, FRESH AND CLEAN." MOTION BY DEPUTY MAYOR GENNELL. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. ATTORNEY GARGANESE STATED, "AT THIS POINT, 'c' AND 'D' WOULD HAVE TO BE RE-ADVERTISED." C' VOTE: DEPUTY MAYOR GENNELL: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER MILLER: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. Manager McLemore stated, "We will contact Mr. Reece and his consultants and have a meeting with us and Staff." Mayor Partyka said, "Tomorrow, sometime call Mr. Reece, call up Ms. Slack, set up a Meeting as quickly as possible and start this process. Can you do that?" Manager McLemore stated, "Yes." Deputy Mayor Gennell commented on the unlicensed vehicles mentioned earlier and said for the record, "There is a large number of vehicles out there that are unlicensed, sitting right there on the road." Mayor Partyka stated, "City Manager, get Code Enforcement people out there to take a look at that." .:. .:. AGENDA NOTE: THE FOLLOWING PUBLIC HEARINGS AGENDA ITEMS WERE DISCUSSED NEXT, AS DOCUMENTED. .:..:. v. PUBLIC HEARINGS PUBLIC HEARINGS (' -- (:. (.'. t.. \; A TT ACHMENT NO. 1 INTERLOCAL AGREEMENT BETWEEN SEMINOLE COUNTY AND THE CITY OF WINTER SPRINGS RELATING TO ROAD TRANSFERS THIS AGREEMENT entered into this , , 2002, by and day of between SEMINOLE COUNTY, a political subdivision of the State of Florida, whose address is Seminole County Services Building, 1101 East First Street, Sanford, Florida 32771, (hereafter referred to as the "COUNTY") and the CITY OF WINTER ~PRINGS, a Florida municipal corporation, whose address is 1126 East State Road 434, Winter Springs, Florida 32708, (hereafter referred;to as the "CITY"). WIT N E SSE T H: WHEREAS, the parties have the common power to construct and maintain roads within their geographical jurisdictions; and WHEREAS, certain local roads within Seminole County, Florida, are located partially in or abutting the COUNTY and partially in or abutting the CITY; and WHEREAS, certain roads in the jurisdictional boundaries of the COUNTY road system are located .within tbe boundaries of.the.clr~;and .., ..' ... WHEREAS, the COUNTY and the CITY are agreeable to transferring ownership, maintenance and functional responsibility of the roads hereafter specified; and WHEREAS, the CITY and the COUNTY wish to advise the Florida Department of Transportation ("FOOT") of the transfers provided for herein by means of the COUNTY providing FOOT, District 5, with a certified copy of this Interlocal Agreement; and WHEREAS, this Agreement is authorized pursuant to the provisions of Chapters 125, 126, 163, and 166, Florida Statutes, and by Sections 335.0415 and 337.29, Florida Statutes, and other applicable law; and 1 / ;,,/ ( WH EREAS, the parties hereto have determined that this Agreement ~s In furtherance of the community health, safety and welfare and the public interest; NOW THEREFORE, in consideration of the premises herein, the parties hereby agree as follows: Section 1. Recitals. The above recitals are true and correct and form a material part of this Agreement upon which the parties have relied. Section 2. Purpose. (a) The purpose of this Agreement is for the COUNTY to assign and transfer to the CITY ownership, jurisdiction over and full functional responsibility for the following roads: (i). That portion of Shepard Road which is located east of State Road c 15-600 (United States Highway 17/92); and (ii) That portion of Brantley Avenue from State Road 434 to Lake Jesup;and (iii) Railroad"Aven\.ie:'~fn-d" (iv) Milky Way; and (v) Natures Way; and (vi) Old Sanford Oviedo Road; and _.~. . _... ... (vii) Nursery Road from US 17/92 to Phillip Street; and (viii) Magnolia Street from Phillip Street to the dead end. (b) It is further the purpose of this Agreement for the CITY to assign and transfer to the COUNTY ownership, jurisdiction over and full functional responsibility for the following roads: (. (i) Boat Club Road; and 2 ~.~ ,.:er (1 (ii) Jessup Road; and (iii) Lake Street; and (iv) Nancy Drive; and (v) Springs Avenue from the CITY limits to Lake Street; and (vi) Spring Drive; and (vii) Orange Avenue from Brantley Avenue to the dead end. Section 3. Transfer of Responsibility. 3 ( ( '. ( .... are the responsibilities of the parties in whose jurisdiction such roads and signs are located, except as otherwise proved herein. Section 5. Other 'Agreements. The parties agree to execute such instruments and documents as may be required to effectuate this Agreement, including the attached exhibits, or as may be required by the Florida Department of Transportation. To the extent this Agreement is inconsistent with the In,terlocal Agreement between. the parties dated February 9, 1987, the terms of this Agreement shall control. '. Section 6. Employee Status. Persons employed by the CITY in the performance of services and functions pursuant to this Agreement shall not be deemed to be the employees or agents of the COUNTY, nor shall they have any claims to pensions, worker's compensation, unemployment compensation, civil service or other employee rights or privileges granted to the COUNTY's officers and employees either by operation of law or by the COUNTY. Persons employed by the COUNTY in the performance of services and functions pursuant to this Agreement shall not be deemed to be the employees or agents of the CITY, nor shall they have any claims to pensions, worker's compensation, unemployment compensation, civil servi~ or other employee rights or privileges granted to the CITY's officers and employees either by operation of law or by the CITY. Section 7. Indemnification. Neither party to this Agreement, its officers, employees or agents shall be deemed to assume any liability for the acts, omissions or negligence of the other party, its officers, employee or agents, except as provided by this Agreement. 4 Section 8. Notices. ( (a) Whenever either party desires to give notice to the other party, notice may be sent to: For the COUNTY: Gary Johnson, P.E., Public Works Director 520 West Lake Mary Boulevard Reflections Plaza Suite 200 Sanford, FL 32773 For the CITY: City Manager City of Winter Springs 1126 East State Road 434 Winter Springs, FL 32708 (b) Either of parties may change, by written notice as provided herein, the (' addresses or persons for receipt of notices. Each such notice shall be deemed deliver~d on the date delivered if by personal delivery or on the date of transmission if by facsimile, or on the date upon which the return receipt is signed or delivery is refused or notice is designated by the postal authorities as not. deliverable, as the case may be, if mailed or date of delivery by overnight delivery services as evidenced by a service receipt. Section 9. Counterparts. This Agreement may be executed in any number' of counterparts each of which, when executed and deliyered, shall be an original, but all counterparts shall together constitute one and the same instrument. Section 10. Entire Agreement. This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof, and neither this ( Agreement nor any portion of it may not be altered, modified, waived, deleted or amended except by a written instrument equal in dignity herewith and executed by the 5 ( parties to be bound thereby. This Agreement supercedes all oral agreements and negotiations between the parties relating to the subject matter of this Agreement, as well as any previous agreements in effect between the parties relating to the subject matter of this Agreement. Section 11. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the successors in interest, transferees and assigns of the parties. . Section 12. Public Records. The parties shall aI/ow public access to all . . documents, papers, letters or other materials subject to the provisions of Chapter 119, FIQrida Statutes, which have been made or received in conjunction with this Agreement. . Section.13. Conflict of Interest. Both parties agree that they will not commit any act in the performance of its obligations pursuant to this Agreement that would C:~ create a conflict of interest, as defined by Chapter 112, Florida Statutes. Section 14. Effective Date. This Agreement shall take effect on the date that it is executed by both 'parties hereto. IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the date first written. ArrEST: CITY OF WINTER SPRINGS ~ ANDREA LORENZO LUACES, City Clerk By: PAUL PARTYKA, Mayor Date: For the use and reliance of the City of Winter Springs only. Approved as to form and legal sufficiency. As authorized for execution by the City Com- mission at its , 2002 regular meeting. (. . City Attorney 6 ( ( , .~ c ArrEST: BOARD OF COUNTY COMMISSIONERS SEMINOLE COUNTY, FLORIDA By: DARYL G. MCLAIN, Chairman MARYANNE MORSE Clerk to the Board of County Commissioners of Seminole County, Florida. Date: For the use and reliance of Seminole County only. Ap- proved as to form and legal sufficiency. As authorized for execution by the Board of County Commissioners at its I 2002 regular meeting. County Attorney SPL\dre 04 \9\02 2 Attachments Exhibit "A" - Interlocal Transfer (City of Winter Springs) Exhibit "8" -Interlocal Transfer (Seminole County) P;\Use~\CasJ01\Agreem=tlts\W"'tet Springs nlef10caf (Road Trans(et)1.doc ;," 7 (',. \;. SEMINOLE COUNTY AND CITY OF WINTER SPRINGS INTERLOCAL TRANSFER OF ROADS THIS INSTRUMENT is made this day of , 2002, by SEMINOLE COUNTY, a political subdivision of the State of Florida, whose address is Seminole County Services Building, 1101 East First Street, Sanford, Florida 32771, (hereafter referred to as the "COUNTY"), and the CITY OF WINTER SPRINGS, a Florida municipal corporation. whose address is 1126 East State Road 434" Winter Springs. Florida 32708, (hereafter referred to as the "CITY"). WIT N E SSE T H: THE COUNTY for and in consideration of the sum of ONE and NO/100 DOLLARS ($1.00), in hand paid by the CITY, the receipt of which is hereby acknowledged, does hereby transfer, release,- and convey to the CITY, its successors. Co and assigns forever, all interest and ownership (to the extent that it has any). responsibility, liability, control, rights, and authority, to include, but not limited to, specifically, the construction, maintenance, operation.. repair and any and all other responsibilities, duties, and obligations for the following -roadways: (i). That portion of Shepard Road which is located east of State Road 15-600 (United States Highway 17/92); and (ii) (iii) (iv) (v) (vi) C . (vii) " ..... That portion of Brantley Avenue from State Road 434 to Lake Jesup; and Railroad Avenue; and Milky Way; and Natures Way; and Old Sanford Oviedo Road; and Nursery Road from US 17/92 to Phillip Street; and EXHIBIT "A-1" ( ( '. ( (viii) Magnolia Street from Phillip Street to the dead end. The terms of the Inter/ocal Agreement which this transfer document implements are merged into this instrument of conveyance. IN WITNESS WHEREOF the COUNTY has caused this instrument to be executed in its name by the Chairman of the Board of County Commissioners and the CITY acknowledges acceptance of this instrument by its Mayor, on the day and year aforesaid. ArrEST: ANDREA LORENZO LUACES, City Clerk For the use and reliance of the City of Winter Springs only. Approved as to form and legal sufficiency. City Attorney ATIEST: MARYANNE MORSE Clerk to the Board of County Commissiooers..of _ _. _.. _ . _ _. Seminole County, Florida. For the use and reliance of Seminole County only. Ap- proved as to form and legal sufficiency. County Attorney CITY OF WINTER SPRINGS By: PAUL PARTYKA, Mayor Date: As authorized for execution by the City Com- mission at its , 2002 regular meeting. BOARD OF COUNTY COMMISSIONERS SEMINOLE COUNTY, FLORIDA By: DARYL G. MCLAIN, Chainnan Date: As authorized for execution by the Board of County.commissioners at its 2002,tegular meeting. 04/9/02 f":\USEnS\CA5LO l\AGHEEklEtIfSlWINTEfI Sf"nlt~GS INTEflLOCAL flOAOS rnANSFEfI (COUNTY)1.00C EXHIBIT "A-2" '"-- / ( \. SEMINOLE COUNTY AND CITY OF WINTER SPRINGS INTERLOCAL TRANSFER OF ROADS THIS INSTRUMENT is made this day of , 2002, by SEMINOLE COUNTY, a political subdivision of the State of Florida, whose address is Seminole County SeNices Building, 1101 East First Street, Sanford, Florida 32771, (hereafter referred to as the "COUNTY"), and the CITY OF WINTER SPRINGS, a , Florida municipal corporation, whose address is 1126 East State Road 434, Winter Springs, Florida 32708, (hereafter referred to as the "CITY"). WIT N E SSE T H: THE CITY for and in consideration of the sum of ONE and NO/100 DOLLARS ($1.00), in hand paid by the COUNTY., the receipt of which is hereby acknowledged, does hereby transfer, release, and convey to the COUNTY, its successors and assigns C' forever, all interest and ownership (to the extent that it has any), responsibility, liability, control, rights, and authority, to include, but not limited to, specifically, the construction, maintenance, operation, repair and any and all other responsibilities, duties, and obligations for the following roadways: (i) (ii) (iii) (iv) (v) (vi) (vii) C. Boat Club Road; and Jessup Road; and Lake Street; and Nancy Drive; and Springs Avenue from the CITY limits to Lake Street; and Spring Drive; and Orange Avenue from Brantley Avenue to the dead end. EXHIBIT "B-1" ( The terms of the Interlocal Agreement which this transfer document implements are merged into this instrument of conveyance. IN WITNESS WHEREOF the CITY has caused this instrument to be executed in its name by its Mayor and the COUNTY acknowledges acceptance of this instrument by its Chairman of the Board of County Commissioners, on the day and year aforesaid. ATTEST: CITY OF WINTER SPRINGS By: PAUL PARTYKA, Mayor ANDREA LORENZO LUACES, City Clerk Date: For the use and reliance of the City of Winter Springs only. Approved as to form and legal sufficiency. As authorized for execution by the City Com- mission at its I 2002. regular meeting. ( City Attorney ATTEST: BOARD OF COUNTY COMMISSIONERS SEMINOLE COUNTY, FLORIDA By: DARYL G. MCU\IN, Chainnan MARYANNE MORSE Clerk to the Board of County Commissioners of Seminole County, Florida. Date: For the use and reliance of Seminole County only. Ap- proved as to fonn and legal sufficiency. As authorized. .for.. execution. by . the .. Board.. of County Commissioners at its 2002, regular meeting. County Attorney. ....... SPL\dre 03\ 13\02 P:\USERS\CASL01\AGREEMENTS\WINTER SPRINGS INTERLOCAL ROADS TRANSFER (CITY).OOC ( EXHIBIT "B-2" ...--......... ~.... " vr CITY OF .NTER SPRINGS MASTER PLANNING MAP April 2002 North . = UKE IES1JP ~ i- \ " ............... ............... ---...- -..--- > -I -{ > () I ~ m 2 -{ 2 o t[O(poO --..-...-- ---..,- . N = ~ UG'''!L~.< j L.4-O 11m ( fIB I ~ ..... i ~ !:Ii :i NURSERY ROAD/MAGNOLIA ROAD ( '... - '-- o C. OLD SANFORD/OVIEDO ROAD 051301 Cun,ml C Ro,d$ I"luloctl ( U\KE ST ~ z n\ :D en -0 2;! z: Q Vl , '.... , , "' ... , \ F , I I I I \! ...1 ---- ---~- --..- --------- ..---.-.-.- '"----- --- (' SPRING A VENUE AREA o .. --~I I I I . ( -~- 1_- .0... .__1 _ -. ,'"r- .~= Ii': NA TURES WAY/MILK Y WA Y 051302 Cow'ml C Road, lnlcrlocd ( ORANGE AVENUE ( . ( I I I " (" \. RAILROAD A VENUE 051302 C,",.,,,,I C 1<0:01, l"h,'loco! ATTACHMENT D '. NOTICE OF LAND USE AND ZONING CHANGE THE CITY OF WINTER SPRINGS PROPOSES TO ADOPT A DEVELOPMENT AGREEMENT A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF WINTER SPRINGS, FLORIDA, AND MR. PHILLIP REECE, THE OWNER OF APPROXIMATELY 7.56. ACRES OF REAL PROPERTY GENERALLY LOCATED ON BOTH THE NORTH AND SOUTH SIDE OF NURSERY ROAD EAST OF U.S. HIGHWAY 17-92, IN SECTION 33, TOWNSHIP 20 S., RANGE 30 E., OF SEMINOLE COUNTY, FLORIDA. THE DEVELOPMENT AGREEMENT ADDRESSES PRESENT AND FUTURE DEVELOPMENT OF THE SITE, AlLOWING FOR A VARIETY OF . COMMERCIAL USES, INCLUDING, BUT NOT LIMITED TO A SANWICH SHOP, RETAIL, AUTOMOTIVE USES AND A POCKET PARK. THE EXISTING RESIDENTIAL USES ON THE SITE WILL BE PHASED OUT. NO BUILDING SHALL EXCEED 50 FEET IN HEIGHT. DENSITY SHALL NOT EXCEED A 0.5 FLOOR AREA RATIO. EXHIBIT "A" J ~ -------- ,e', ." ..' L , . SUBJECT PROPERTY s, ~;. U:\Docs\word\Nursery.DAAdvertisemenlJune24.doc A PUBLIC HEARING ON THE ORDINANCES WILL BE HELD ON JUNE 24, 2002 AT 6:30 P.M. AT THE CITY COMMISSION CHAMBERS LOCATED AT 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA The proposed development agreement may be inspected by interested parties between 8 a.m. and 5 p.m., Monday through Friday, at the City's Clerk's Office, located at 1126 East State Road 434, Winter Springs, Florida. For more information call (407) 327-1800, Extension 227. Persons with disabilities needing assistance to participate in any of these proceedings should contact the Employee Relations Department Coordinator, 48 hours in advance of the meeting at (407) 327- 1800, Extension 236. This is a public hearing. If you decide to appeal any recommendation/ decision made by the City Commission with respect to any matter considered at this meeting, you will need a record of the proceedings, and for such purposes, you may need to ensure that a verbatim record of the proceedings is made upon which the appeal is based. Andrea Lorenzo-Luaces City Clerk . ' '. ,. @ . Pil':!pared by and Return to: Anthony A. Garganese, City Attorney Brown, Ward, Salzman & Weiss, PA 225 E. Robinson Street, Suite 660 P.O. Box 2873 Orlando, FL 32802-2873 Parcell.D. Nos. 33-20-30-503-0000-0190 33-20-30-503-0000-019A 33-20-30-503-0000-019C 33-20-30-503-0000-019E 33-20-30-513-0DOO-0010 33-20-30-513-0DOO-0120 MARYANNE MORSE, ClERK OF CIRCUIT COURT SEMINOLE COUNTY BK 04522 PB 1817 CLERK'S I 2002940345 RECORDED 09/16/2002 02:30:22 PM RECORDING FEES 64.50 RECORDED BY G Harford BINDING DEVELOPMENT AGREEMENT THIS BINDING DEVELOPMENT AGREEMENT (herein referred to as the "Development Agreement"), made and executed this ~ day of AUti,us-!- , 2002, by and between the CITY OF WINTER SPRINGS, a Florida municipal corporation (herein referred to as the "City"), whose address is 1126 East State Road 434, Winter Springs, Florida, 32708, and WAYNE P. REECE, an individual (herein referred to as "Reece"), whose address is 561 Virginia Drive, Winter Park, Florida, 32789. WITNESSETH: WHEREAS, Reece owns certain real property located in the City of Winter Springs, Florida, and WHEREAS, the Subject Property was annexed into the City of Winter Springs from unincorporated Seminole County and Reece has petitioned to amend both the Future Land Use (FLU) designation and zoning classification to the appropriat~ Cfty.designation and . \", .,; '.- i \' \ ~ '; "( r,~ classification; and , ,.1' ":',;i ... ,~ . '" -\ .. .;....... .,' WHEREAS, Reece desires to proclaim his plans for,f.uture.,us'eiiOl.the SIJQj~~klij;u! Property, as set forth under this Development Agreement; flittwBlI............--------. . MARYANtE MORSE, a.ERK Cf CIRCUIT COORT SEMItO.E COONTY BK 04543 PG 1742 CLERK'S ~ 2002950380 RECORDED 10/02/2002 11105143 AM RECOADINS FEES 78.00 RECORDED BY .. NDlden 1 " , < I I, l,. .,' FILE NUM 2002940345 OR BOOK 04522 PAGE 1818 WHEREAS, Reece acknoWledges that certain building safety, parking and traffic problems exist on the Subject Property, as well as compatibility issues with surrounding residential uses, and proposes measures to minimize the negative impacts of these problems and to enhance the compatibility of the Subject Property with the surrounding residential uses; and WHEREAS, Reece proposes to enter into this Development Agreement with the City to permit the future development of the Subject Property while minimizing the negative . impacts and enhancing compatibility of the existing and fu'ture uses of the Subject Property, subject to requirements of the City's Comprehensive Plan, the Code of Ordinances, and conditions set forth in this Development Agreement; and WHEREAS, the City finds this Development Agreement consistent with the Comprehensive Plan and City Code of Ordinances and that approval of this Development Agreement is a legislative act of the City Commission of the City of Winter Springs; and WHEREAS, the City Commission further finds that this Agreement promotes the public health, safety, and welfare and is consistent with, and an exercise of, the City's powers under the Municipal Home Rule Powers Act, as provided in s. 2(b), Article VII' of the Florida Constitution and Chapter 166.021, Florida Statutes, and th~ City's police powers; and WHEREAS, this Development Agreement was also adopted pursuant to the public hearing procedures set forth in Section 163.3225, Florida Statutes, and to the extent that the Municipal Home Rule Powers Act does not authorize any provision hereunder, said provision shall be deemed adopted in accordance with the authority granted under 2 0'" :0'" r- 02m o ~E % o ofI'l\) CJ10 ofI'O W rlJ ..0 CJ1 o 'Ow 1)Q) CiJO m ~ -...I ofI' W ~ ) 1 I, , . l ,IT FILE NUM 2002940345 OR BOOK 04522 PAGE 1819 Sections 163.3220 -163.3243, Florida Statutes, the "Florida Local Government Development Agreement Act." NOW THEREFORE, in consideration of the mutual covenants and mutual benefits herein contained, the parties agree as follows: 1. Recitals. The foregoing recitals are hereby incorporated herein by this reference and deemed a material part of this Development Agreement. 2. . Authority. This Development Agreement is entered into pursuant to the Florida Municipal Home Rule Powers Act, Code of Ordinances of the City of Winter Springs, and to the extent necessary, the Florida Local Government Development Agreement Act. 3. Representations of Reece and City. Reece and City hereby represent and warrant that Reece and City have the power and authority to execute, deliver and perform the terms and provisions of this Development Agreement and have taken all necessary action to authorize the execution, delivery and performance of this Development Agreement. 4. Subiect Property. The real property subject to this Development Agreement (hereinafter referred to as "Subject Property") is legally described in Exhibit "A," which is attached hereto and incorporated herein by this reference. 5. Phased Development. Reece agrees that future development of the Subject Property shall be in two (2) phases, as follows: 5.1 Phase I. Reece agrees to promptly commence, . and fully complete within six (6) months, the following development requirements in substantial 3 0"11 :OM r- tDm o oz ~c:: :! o ~N tJlO ~o WN IJ) U1 o "Ow DCD tilO m ~ "oJ ~ ~ ., . I ' I j FILE NUM 2002940345 OR BOOK 04522 PAGE 1820 conformance with the conceptual phase I Site Plan, which is attached hereto as Exhibit "B," and fully incorporated herein by this reference ("Phase I Plan"): A. Reece shall delineate and stabilize a grass parking area for vehicles on the Subject Property which shall be located generally east of the eastern-most existing automotive garage building and northeast of the intersection of Nursery Road and Ridge Road. B. Reece shall create and maintain a "no parking" zone on the Subject Property which shall be approximately twenty (20) feet wide by two- hundred seventy (270) feet long and generally located adjacent to Nursery Road and depicted on the Phase II Plan described below. The zone shall be posted and enforced as a "tow-away zone" in accordance with Section 715.07, Florida Statutes. The zone shall also be kept at all time free of debris and obstructions of any kind. C. Reece shall construct a six (6) foot high masonry wall, with a twenty-five (25) foot wide vegetative buffer, along the entire north and east boundaries of the Subject Property that abut a residential area. Said wall shall be constructed of material and designed in a manner deemed acceptable to 'the City. The location of said wall and buffer is generally depicted on the Phase I Plan. No improvements shall be located within the buffer area except landscaping, the wall, and a portion of the proposed retention pond (north boundary only) as depicted on the Phase I Plan. 4 O'TI ~.... r- cum o OZ ;l:C: 04 ~I\) uto ~o wI\) ..0 ut o "Ow DCD mo m .... "'-l ~ ut .- ,', FILE NUM 2002940345 1821 OR BOOK 04522 PAGE D, Reece shall construct a four (4) foot high masonry wall along the south boundary of the Subject Property that generally runs approximately fOUr hundred (400) feet from Talmo Street towards Ridge Street. Said wall shall be constructed of material and designed in ~ decorative manner deemed acceptable to the City, The location of said wall is generally depicted on the Phase I Plan, Future ingress and egress through the four (4) foot wall may be constructed during Phase " of the development upon approval by the City, E. Reece shall re-stripe the parking spaces directly in front of the existing eastern-most automotive garage building along Nursery Road to a width of ten (10) feet each, 5.2 Phase II. Reece agrees to fully complete the following development requirements in substantial conformance with the conceptual Phase II Site Plan which is attached hereto as Exhibit "C," and fully incorporated herein by this reference ("Phase II Plan"). A. Prior to final site plan approval for Phase II development, Reece shall have prepared a written traffic study and report ("Traffic Report") to address the development under the Phase II Plan. The Traffic Report shall be conducted by a traffic engineer and using a methodology deemed acceptable to the City. The Traffic Report shall be at Reece's expense. The Traffic Report shall address and provide recommendations 5 0" ;o- r tDFTl 8z ^C :I o ~N UlO ~O (..,IN ~ Ul o E~ mo FTl .... ...... ~ 0'1 , . . . FILE NUM 2002940345 OR BOOK 04522 PAGE 1822 regarding, at a minimum, traffic generation, safe and efficient traffic movement, pedestrian safety issues, right-of-way adequacy, curb-cut location, and the potential for on- and off-site traffic improvements. The Traffic Report shall be subject to review and recommendation by the City's Vaffic consultant. Reece agrees to reimburse the City for the actual cost of the City's consultant's fees for providing said review and recommendation. The final site plan for the Phase II development shall implement the recommendations accepted by the City to the maximum extent feasible. The parties agree to coordinate the Traffic Report with the Florida Department of Transportation. B. Reece shall construct the proposed Phase II buildings which are depicted on the Phase II Plan. C. Unless sooner required by law, the Phase II development shall bring all the parking areas on the Subject Property into conformance with all applicable handicapped accessibility regulations. D. Illumination levels from the Subject Property shall not produce off-site illumination in residential areas nor off-site illumination in excess of 0.5 foot candles in commercial/industrial areas. Flickering or intrinsically bright sources of illumination shall be controlled so as not to be a nuisance to surrounding areas. 6. Special Property Restrictions. Reece agrees that the Subject Property shall be bound by the following special restrictions: 6 O'TI ~.... r CDm o oz ^c ::I o ~N UlO ~o wN l.O CJI o 'Ow DQ:l (;)0 m ... ....., ~ ....., ", FILE NUM 2002940345 OR BOOK 04522 PAGE 1823 6.1 Existing commerCial/industrial floor area shall not be expanded on the Subject Property, until Phase II development has received final approval by the City. Phase II may be developed in phases. 6.2 On the eastern-most four hundred (400) feet of the Subject Property, auto repair shops, automotive tire shops, mechanic shops, auto body shops, auto paint shops, sheet metal shops, fabrication shops, industrial uses, and uses which generate obnoxious odors and excessive noise shall be strictly prohibited. 6.3. Businesses operating on the eastern-most four hundred (400) feet of the Subject Property shall limit their hours of operation between 6:00 a.m. and 9:00 p.m. 6.4 To the extent that City of Winter Springs' water and sewer service is readily available to the Subject Project, as determined by the City, Reece shall utilize said services. Reece shall be responsible for all fees, connection charges, impact fees, and other fees required to be paid to obtain said services. 6.5 Reece shall fully cooperate with the City in the City's attempt to acquire additional right-of-way in order to widen Nursery Road to a standard road width at and near the intersection of U.S. Highway 17-92. 7. . Park Property Donation. Within ninety (90) days of recording this Development Agreement in the Public Records of Seminole County, Reece shall donate and convey Lots 1 and 12 of Block D,. Talmo Subdivision, Plat Book 9, Page 10 of the Public Records of Seminole County.for use and maintenance as a park. The closing on said property shall be conducted by the City Attorney and each party shall bear the closing fees that are customary for a seller and buyer under the Florida Bar Standard Real Estate 7 O'TI ;;o~ r tDm c cz :::r:c: :z o ~N UlO ~o WN Ul Ul o 'Ow J:)1Xl mo m ... ...., ~ CD . I FILE NUM 2002940345 OR BOOK 04522 PAGE 1824 Sale and Purchase Agreement. The City agrees to execute I. R. S. Form 8283 to acknowledge the donation of said real property upon proper receipt of the form from Reece. Unless otherwise mutually agreed in writing by the parties, the City will name the park "Diane Park." 8. Successors and Assions. This Development Agreementshall automatically be binding upon and shall inure to the benefit of the successors and assigns of each of the Subject Property. 9. Applicable Law. This Development Agreement shall be governed by and construed in accordance with the laws of the State of Florida and the City of Winter Springs. 10. Amendments. This Development Agreement shall not be modified or amended except by written agreement executed by all parties hereto and approved by the City Commission of the City of Winter Springs. 11. Entire Aoreement. This Development Agreement supersedes any other agreement, written ororal, and contains the entire agreement between the parties as to the subject matter hereof. 12. Severability. If any provision of this Development Agreement shall be held 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 Development Agreement. 13. . Effective Date. This Development Agreement shall become effective upon approval by the City of Winter Springs City Commission and execution of this Development Agreement by all parties. 8 0" :o- r- a:tm gz -^C: ~ o ~N ~8 WN ..0 UI o 'Ow DCD Ci)O m ..... ...., ~ ..0 " FILE NUM 2002940345 OR BOOK 04522 PAGE 1825 14. Recordation. Upon approval by the City of Winter Springs City Commission and execution of this Development Agreement by all parties, this Development Agreement and any amendments hereto shall be recorded by the City in the public records of Seminole County, Florida, and shall run with the land. 15. Relationship of the Parties. The relationship of the parties to this Development Agreement is contractual and arm's length. Reece is not an agent of the City for any purpose. Nothing herein shall be deemed to create a partnership, or joint venture, or principal-agent relationship among the parties, and no party is authorized to, nor shall any party act toward third persons or the public in any manner which would indicate any such relationship with any other party. 16. SovereiQn Immunity. Nothing contained in this Development Agreement shall be construed as a waiver of the City's right to sovereign immunity under Section 768.28, Florida Statutes, or any other limitation on the City's potential liability under state or federal law. 17. City's Police Power. Reece acknowledges and agrees that the City hereby reserves all police powers granted to the City by law. In no way shall this Development Agreement be construed as the City bargaining away or surrendering its police powers. 18. Interpretation. The parties to this Development Agreement acknowledge and agree that all parties have participated equally in the drafting of this Development Agreement, and no party shall be favored or disfavored regarding interpretation of this Development Agreement in the event of a dispute between the parties. 19. Conceptual Plans; Permits. Reece acknowledges and agrees that the Phase I and Phase" Plans are conceptual in nature and that final site plan approval is 9 0." :0.... r aJm o oz ~c: ~ o -I:'flJ CJlO -1:'0 WflJ 1.0 U1 o "Ow DCXl CiJO m ~ ...., ~ ". .., FILE NUM 2002940345 OR BOOK 04522 PAGE 1826 required by the City before any development can lawfully commence. Furthermore, the City may, at its discretion, require changes to the conceptual plans in order to address the requirements of the City's Comprehensive Plan, Code of Ordinances, and the public health, safety, and welfare. The failure of this Development Agreement to address any particular City, county, state and federal permit, condition, term or restriction shall not relieve Reece or the City of the necessity of complying with the law governing said permitting requirements, conditions, term or restriction. 20. Third Party Riahts. This Development Agreement is not a third party beneficiary contract, and shall not in any way whatsoever create any rights on behalf of any third party. 21. Specific Performance. Strict compliance shall be required with each and every provision of this Development Agreement. The parties agree that failure to perform the obligations established in this Development Agreement shall result in irreparable damage, and th~t specific performance of these obligations may be obtained by suit in equity. 22. Attorneys' Fees. In connection with any arbitration or litigation arising out of this Development Agreement, the prevailing party shall be entitled to recover reasonable attorney's fees and costs through all appeals to the extent permitted by law. The City shall have the right to lien the Subject Property for any attorneys' fees and costs awarded the City under this Development Agreement which are not timely paid by Reece. 23. Future Rezoninas/Development Permits. Nothing in this Development Agreement shall limit the City's authority to grant or deny any future rezoning or development permit applications or requests, or the right of Reece to apply for or oppose 10 0" :0.... r- ann o 0% ~c: 3: o ~I\) CJlO ~o WI\) tl1 o 'Ow DCD mo m ... ...... CJl ... " ;... ..' ..... FILE NUM 2002940345 OR BOOK 04522 PAGE 1827' any future rezoning or development permit application subsequent to the Effective Date of this Development Agreement. In addition, nothing herein shall be construed as granting or creating a vested property right or interest in the Subject Property. 24. Duration. This Development Agreement shall run with the land unless revoked or modified by Reece and the City by filing a recorded instrument of equal dignity herewith in the public records of Seminole County, Florida. 25. Notices. All notices and correspondence shall be sent or delivered by registered or certified mail to the parties hereto, return receipt requested, with copies forwarded to their respective attorneys at the addresses set forth below or at such other addresses as the parties hereto shall designate to each other in writing: A. If to City: Mr. Ronald W. McLemore, City Manager City of Winter Springs 1126 East State Road 434 Winter Springs, Florida 32708 Telephone: 407-327-5957 Facsimile: 407-327-4753 With copies to: Anthony A. Garganese, City Attorney Brown, Ward, Salzman & Weiss, P.A. Post Office Box 2873 Orlando, Florida 32802-2873 Telephone: 407-425-9566 Facsimile: 407-425-9596 B. If to Reece: Mr. Wayne P. Reece 5€>1 Virginia Drive Winter Park, Florida 32789 Telephone: 407-647-0911 Facsimile: 407-647-6491 With copies to: John A. Leklem, P.A. 5151 Adanson Street, Suite 98 Orlando, Florida 32804 Telephone: 407-628-3577 Facsimile: 407-628-2975 11 O'TI :0... r tpm 8z ~c: ~ o oI:'N U10 01:'0 WN u') ~ 'Ow 1)0) mo m ~ ~ UI N 1'1, ..... FILE NUM 2002940345 OR BOOK 04522 PAGE 1828 Any notice or demand so given, delivered, or made by registered or certified mail will be deemed so given, delivered or made three (3) days after the same is deposited into a U.S. Mail receptacle and verified, return receipt requested, addressed as above, provided with postage thereon pre-paid. Any such notice, demand, or document not given, delivered, or made by registered or certified mail as aforesaid shall be deemed to be given, delivered, or made upon receipt of the same by the party to whom the same is to be given, delivered or made. 26. 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 Development 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 Development Agreement to the contrary, that failure shall not constitute a default under this Development 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. 27. City's Rioht to Terminate Aoreement. Failure by Reece to perform each and everyone of its obligations hereunder shall constitute a default, entitling the City to pursue whatever remedies are available to it under Florida law or equity including, without 12 Q"Tl ;;0'" r- O'm Oz Oc ':::1 ~N ~8 WN ..0 tJ1 o 'Uw DCD CilO m ... ...., UI W ~ , ~ . '. FILE NUM 2002940345 OR BOOK 04522 PAGE 1829 Ifmitation, an action for specific performance and/or injunctive relief or alternatively, the termination of this Development Agreement. Prior to the City filing any action or terminating this Development Agreement as a result of a default under this Development Agreement, the City shall first provide Reece with written notice of said default. Upon receipt of said notice, Reece shall be provided a thirty (30) day opportunity in which to cure the default to the reasonable satisfaction of the City prior to filing said action or terminating this Development Agreement. If thirty (30) days is not a reasonable period in which to cure the default, the cure period shall be extended to a reasonable cure period mutually acceptable to the City and Reece, but in no case shall that cure period exceed one-hundred twenty (120) days. Upon termination of the Development Agreement, Reece shall immediately lose all rights and privileges granted hereunder, IN WITNESS WHEREOF, the parties have executed this DevelopmeJilfA~reement as of the date first written above. .S ATTEST: ZO-LUACES By: :~L ;~:>~./ /, J (.... '. ,,~ _ . '1 ~ ~ t~;. .- 1\, 1ft y . ~ ...- ,\ \~\,\\,~~\""',.~' ,,,,.H ~:" <, 11-:;'- '..;r./,.., .-' WAYNE P. REECE, \ir~,f!f.f.. ::indiV~ ~L WAY E P. REECE Date: eJ8 It:) I I 0 "2..- I I 13 O'T1 ::o- r anT'! c cz :J:C 3 o ~l\) UlO ~o WI'\) tJJ Ul o '1;JW J)Q) mo m ~ ...... Ul ~ ~TATE OF F~RIDA . COUNTYOF~nlL The foregoing instrument was acknowledged before me this / ~ay of !)UA . , 2002, by Wayne P. Reece, [v1 who is personally known to me, or [ ] Wh~oduced as identification. C;~~ffJi:J'j~:,~; My commission expires: II-~-O~- ~ t" (SEAL) AlP,.. CherylAJeffers !t..8"f: My Commission 00075041 \'1""/ expires November 28. 2005 FILE NUM 2002940345 OR BOOK 04522 PAGE 1830 14 0'11 :;0.... r- anTl o oz :X:C: :!f o ~~ U10 ~o W~ 1.0 UI o B~ mo m ~ ..... UI tJl EXHIBIT "A" Legal Description Lot 19 -and the westerly one-half of Grace Avenue abutting Lot 19, ENTZMINGER FARMS ADDITION NO.3, as recorded in Plat Book 6, Page 27, Public Records of Seminole County, Florida. Parcel #1: Westerly 500 feet of Lot 19 (less southerly 165 feet and southerly 235 feet of westerly 170 feet) ENTZMINGER FARMS ADDITION NO.3, according to the plat thereof recorded among the Public Records of Seminole County, Florida. Parcel #2: That part of Lot 19, ENTZMINGER FARMS ADDITION NO.3, recorded in Plat Book 6, Page 27, of the Public Records of Seminole County, Florida, and being more particularly described as follows: Commence at the northwest corner of said Lot 19, thence N84009'38"E, 500.00 feet along the north line of said Lot 19 for a Point of Beginning; thence S05050'30"W, 156.11 feet along a line parallel with and 500.00 feet easterly of the westerly line of said Lot 19, said 500.00 feet being measured along the north line and along the south lineofsaid Lot 19, thence N85030'33"E, 31.91 feet; thence N05056'57"W, 153.63 feet to the Point of Beginning. Parcel #3: Northerly 70 feet of southerly 235 feet of westerly 170 feet of Lot 19, ENTZMINGER FARMS ADDITION NO.3, according to the plat thereof as recorded in Plat Book 6, Page 27, Public Records of Seminole County, Florida. Lots 1 and 12, Block 0, TALMO SUBDIVISION, Plat Book 9, Page 10. 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Scarlatos •Board Certified Civil Trial Lawyer °Board Certified Business Lttigation Lawyer °Board Certified City, County & Local Government Law January 13, 2003 Andrea Lorenzo-Luaces, City Clerk City of Winter Springs 1126 East State Road 434 Winter Springs, FL 32708 Re: City of Winter Springs / Wayne P. Reece Binding Development Agreement /Our File # 1193 Dear Andrea: Erin J. O'Leary Of Counsel Enclosed please find the original recorded Binding Development Agreement between Wayne P. Reece and the City of Winter Springs. This document is being forwarded to your office for safekeeping. V my yours, Anthony A. Garganese City Attorney AAG: jf Enclosure Reece Binding Development Agreement 225 East Robinson Street, Suite 660 • P.O. Box 2873.Orlando, Florida 32802-2873 Orlando (407) 425-9566 Fax (407) 425-9596 • Kissimmee (321)402-0144 • Cocoa & Vera (866) 425-9566 Website: www.orlandolaw.net • Email: firm~orlandolaw.net .:, . ~ "`I ~~ "r, _~ F~ ' .~ ";~ ' a 1. ;' ~ t { k ~ ~~ ' ~~ s: Y ~; ~ t , I m o a P...ro . 6-Foot Tall Masonry wall taC.vAw rw mroar ~ . .._ . ! ~ .~~ J o- ars 's ~ ,_ . ,~. .. 1 A+ICSnN' 8111 ~t~lC Y r ; l - ~- •N!R aTP 1 ~ .w , ., .~..,:~.. ,~,,,e ,~ssor., ~~ Buffer ` _.__ 25-Foot Wide Lan . >- _._.... _._. ~. _. _ . _ ~ __ _.._ - __ -~ __ -_ ,~ -~ :. ~f - -~- ~ C-2 Zoning - \ _~ , ~ _ , ,~ _. e . f o ;. _._ _L ., .. ,. , ., . _ ~ _ ~' i ~~ . ,< ~ , ~ 'IM _ _-- --- ~~ Y~ Te pora Parking Lot `` µ ~ ,_ ., ~~ ~~-_--~~."`~ -~ ` ~= ~'~.. -- ----~ r -Stabilized Grass - ~ ~aa 1 . 1 1 ` 1 ~ t Ta11 Mas nrY Wall >tl '- - 1-- ~ 1_111. _ "'T=~-__._- ~ it Il __ _ f.... y ~~ i • _ - -- --- _ ._..~ a'.-~ V ,w R ' .-_-,___-_-_--_~ion K1~O-IYb MYmea ----- -t.._ -_" ~~ ';-~ t ~~- ~ 1 a' :ex .~r:m_"'• x~ 4xa e:auo sn+asa 1 '~ b ~ -#- -~ Pocket Parke ° I x x.% N PROUEC 8 S/TE RHA 5/AC1E FAY/(1 RESN3 i ao ~N g ~ X o m o o ~ sw~f,r-o SEC.ZRGE.JO f.nrP-EO s /~Y~MNL LOCAT L ] ~ Af~/ TREES AT 35 EMTE(f$ ~ !' • ~ C.p ~i YAP 1 19E/NYK RETNL Q]YYElKIK - ~-' ~ B w,~ . / . - .~ • F. ' : ' , 5O'YM.9/NQSETBAC' •:. r u _ . a . ..: .!.. ... ' • t ° L - ~ .-:-.- p ~ ~ ,~ ~ ~ ~~ ~ .. _ ~ _ J -... ~ .. r ~ L5 MKURK DIFFER TO REYNN CWAfL _ _ ~ i ~~ RETEMTgY AREA /' e c 1 ( Y LOi .. ° ~ ' v T0 i , /spp[ED y ]f9D Sf .r ) ;, A O ~ 0 ~ ~: T 1 S/AGIE fAYIV RE510. ` V ~ _ s .. _ a ° ~rV r yY ~ ~~~ ;J~ 0 a .. 4 ;. - - : l/NOERSTOR/' P Nv _. _ 1 ° 4 - ~~l I Cll ~l ~l a C~ lCl ~nl ~ .~ _ ~_ o ~n_~ ~ a ~ ~ 0 ~ Y~ ~ . - ~ , ..,; _~ ~ -~ a~ , ~ `,. RESTRIPE TO AT SPADES - _ ~ . :w~ ~ ' ~ - ~,_ __ ,_, .. ' rwAti L _ ~ R ~'_. T. ~ ' O " # ~~ .a ,a. _ . ~ a .`. iMNL 5~~.., -- 'f,~ELGE ~ V~ o ,~ ,, - -: ° _ ._~ TAT'. ,: ..~ •• J{~Y AZ14S ~ ___ _ - n i ... _. a I I ~ u W oO ~ ' :~ ", ... ~ ALFSEAIR~ lR/M VYYf9 _._ ~~ 0.. /°,~ e~ T __ ~.~. ?~ a •e~io r W 3-ncaE ~. ~ ;~ .. X>- v W aNp ...... .. ~, Q : YvLrRFa,ltr i o v Z~ O W . lA . N wor V WC . 61, R° .: .:.:.:... . ~C.4 + . RETNL NYYERCIN - ...,.. .. ,. . ,. ~ -r „aj ~YOm y~ ">>YO "ll fewc ~ ° E ' IE -a/l ° c°~~ Saar R EV a N - r R isr: cM avr s N+E .. RE(LCATEO 0 NEW 9NlLVNG - ~ °. a + •m 0. n [.v SINGLE FAM R pTE: FINK SITE P(M' SHKL YEET ALL CRY REWIREYEMTS ~ C ~ Q W ~ ~O ~ f(Il]p INFOPYKA]N ILY ES1O. $//E 61TA ANO HN/(1CM ACYfSS REWIRENENTS. ~ a + O G ~ • p ; ~ . k : ~, .i r.ix [w ~ .. ..[. ou•sia ,.[ ~ i.i rs a ..[ ,m .. «m 'e[o PNYLNA: L nNATAwIC a-~ I .ow.uruN n.r m [. ,.a ,.. a .[[ms w na[ e n U s F 0. xrs ~ vNZ w. [ ., [ owo c ~~ K I urtrn e.massn u:<. [ mo a ~ ~ w[s w ~i wale . .mss cuw... «niw. +[cm[o uoe ne ru[ ie items v u.ibs ~ KS 5O/LT INFONYYAri .anr w o. ort[s.•s.,¢ w.. [r.o.[[s~. nLZNVro. "[°"°°` .ww,. s.a, .N..,P ~„ ,..~, [~ soc. w[.> ..,so Y , ,.sa ,~,~ [. SHEET NO . . „ .~_[ " .[[ .w. Aa, „~..~, _~..... _,. ,~. y, ~M z,..~. a~r ra... «a~. oK~K[, ,o.. m'p,w.~ '~ `; ~ ` °`. 9.. ;~: v „~ ~ ~ ~ 2 o f ~ o . , ~,~. ° .~., [ .[rm, a ,[..,a[ .a.,,. ~ 0 o e o 0 --•.'+v . 6-Foot Tall Masonry Wail iacwreow ~,w ca.ocK ., ,~~ ,= „r: ~.. - ~'~ - :._ . ,,. ~ ., _,: ,~. ~,~ mar.- Buffer ., --- ' 25-Foot Wide Lan Pe --- r- ; - ~ _... ~ _" _..__ r 7 - 'viol.. l ~.. - ___ ~~ '~'_ _~ ~ ~ -~ -~ - C-2 Zoning ~ , - ,~ ~. r _ .- :f,:~.,r '~~~ w } ~~ _ ~ ~, ~ _ '_, -~~YC~--~~ :~r~` * ~~ orary Parking Lot ~ w _ 3. ., :~ p :• •~' 4` 1 ~~ ~ ~ `~~ ~~ ----T,. ~.,..~ -> ~ - -- ----~ _ abiL'zed Grass - _ -,-~r x _- _ _ --T--- r kY#I2i - St.° i ~` ::~ ' ~ 1 ' ; t 1 aSOI1TY Wall ~' ~, ~ ~ _~ ca». ..* - .'_. ,-~ _ -- ~ -_.-~-- ~t ,~ wry --"" + --- C-2 Zon g _- -~~ ~~_ .~ t P ark . r Pocke I y ~,.: . _..-_ :. ~0 4 a ID 0 b m SCNE: M RhA S/MO!£ FAYI[1 pESIQ ....~ 4i.• ~.. . SEL'.LABEJp LTWW.M s IR~.S[~~g41L LQCAT/ON YAP LOIYFJO~AL NG TREES AT JS'ENTEp$ .v ? > C2 RETAK LOUYEIGAL :„~ s .. .:.~.. SOYp.BUkQ SETBM' ,. YWN r ... , .I: c~ xnr . ,;:u, w .. ` '. l r Z • ~ r ~ Ay(Q9' ._. _ " { l~ . a ~ ~ _. _. - ~~ ~ ~` • l ~ ~ [. • „, ~ 2Y NATURN 9/FFER TO REYNM . (1 • ~ { 6'WAfL RETENT " ' v 4 . R. . q AY AREA ~ ID YAi ~ RFI ~~, SINGlE FN/lLY RES/0. (~. W K Y m~ ~~ Y 4` a "~ '~'~ ~ ~~ ~~ , ev ~~ ~ CNOERSTQRY .w W r ~ V ~ ` $ ~ o i i ~~~ ' .>r _ ~ N~ f 7 : _ _~ _~ o ~ t ~ j rw~4L 1 J ~ ~ RESTR1bE TO pSPADES lWNt c• [ i ,. - t :.~€ N OO r '.. ' '.... V '4_ s -~ '.: ~~~ !MALL .. ~ ' r . . ... ... 'f~UGE ~._.v Uo O Z .:. . ~.... ! ~: !; r • ~ •x.:+ ~ •:•....• • .. 2p 9//fQ SETBACF O O '!O m 01 1 ~ , .•'r glg6' W. ~ ' _ ~ W~ m oe r .. a_ s _ , lpAp !RAY YAR•ESI _ ~ ` lL ~ D ~ ~. ._. _ ~: ~Y nc '~ _ _. Y Y ~ Y ' ~ ~ V°ei ~ R ~ ~ ~ W a? W W~ ~: .~ :~ .. YULr FAYUr x 2m L< y W~aW A ... ~ RETNL LYYIYERCIN - _ _ ... , ~ N O p mon ~ > ~ O Z-a°. REVEEWEOU. TIER ~LSaI. ENDS NlE ~ .,• ' ~ C O ~ m . 0.O ~ O~• REILCATEO TO NEW YUl(pMi _ .tlTf: O OQ g W R~.q FINN 5/TE P(AN SNNL N£yET NL R ~ N ° C Ct- ^ Lf Q i . ~/. vNC~E F cr RESro. rAVarAa ~cE sz ReasiREU fNrs. ~ ~ Q a o ~ _o 3~ .. Fly WYFORY.V.OY S/7E 61TA tErx ~snY~Ww x ~ 6 nn~• roF . M .a. a.a~u .~ ~®in m ~r rze PARWWW: CAIOWY~ m n « lu~w . c • n., ww.....cl r.. ~~ r U : ; 0 ®. as¢i rwvaso va - cor.eoi uave~meo , ~ ~ ~. . Q.' C ys [sl x/s~m~a R. [v[... owort[s enx sa.eo r .a./oo m~ X65 .~~. ,.mio.. .e[muo •a[ •c rued[ +I~me. a ~E.i.o.e U SOS SOWS IWFORYATWW m+na nR0 r ortes.~ mc[ rte . e~.ao.cn~ . r.~YOL as/Y•rnY 'N Y°°~ .r.ee m.ae ~~ ,rt m.Qe ,o~.>oc ,.[,~~...,.... , „~ .a[, ' SHEET N0. T 4 N Y PROJEC $ 5/TE ~ m o .p AO v.rc.ro RhA $IAG(E fAYILT RES1Q -:_>.~ AEfO TREfS Ar JY EMTE(~ ~~w~! /< IM BUIlQ SETBA~ .•• ~., ~ .. ec.Znce.Ja e.TwR.m 5 I NESt1NlYlE ~-z LQCAT/ON YAP CkYIYFAdK RETAN CBYYEhC/AL NTS .._ .... _Y..,ac 9~356'C6w' . ___1 ~~' V / (r, ~~ ~ ^ a ~ fir. 8 ~. /Z ~ •wAU'.z. f O !WALL 4 ~ 25'NATURAL BUFFER TO REYNM ~~ 6"WALL RETENTAJN AREA _ ,, ' ~,u :.... . ~~ ~~ B 1JNBERST0.RY P • - 1~ e J/NDER ~- ~1 j . .< W f fi ~ R. - JTHECGE 27 BUNII SETBACK CiR .. ~~ R3 WtTrFNN(Y I C2 / - ~~ REraE rouuER:ra Access ro Exlsr. RUrca~ To se J REVrEwfo N7ER Exrsr. rEHAVrs a+E REfDCATEO TO NEW gvllryNG MTE: FIxN 5?E P(AN SHNL YEET ALl crrr REawEUENrs zva rn+'arA= rcESS RfourREUENTS. EILCB INFMYATNN/ STTE pVA _ _ _ _ .r:. r. rm. -. r w .n. n rra r.c r r.rrs m r.i yro .. r.~. .r[o PARAIAG C -J ATA'M'S urun r i c n ~ __ -. r rr, rr .. n.. mu a. r.u •r. XS_RYtS INFORYAT,W w„s.mxun rwrto r o+cr .Poa.c. n.. cw o.as,. [ c xr.. r. .. CESCNPIAM Md4u'FAt rorw no++eo ~w..v . < v.ui wrmouo na ~ •.rw v s[cLIOG.n L>rl•.m S .F~7MI LOCATKlV YM C]HOOK .rs . .MVO .a9'O[.i•.3~YF' RUB \i-~4': Y :,. ~.. f .:; .,: ~. ,,,_ ~ :: ,~sre s~rss'ar .. _ ..... _. _. _ _.. ;~ .._ ~ -~ 25-F 4 A 0 O O LYL /~O 6-Foot Tall Masonry Wall .- •,.. .. :s i Wide Landscape Buffer ' ~ ` ~.. C-2 Zoning ,.. .. • _._ , ~' C=t£ .c1 -. L orary Parking Lot - ~; ~ ~- • 3 ~-: _.. ~- N_:-.mot'-"_-- '_` `{}v. -*~ ~ ', _ f ~~ ~ s., >,~ ~ r ' a . ~ ~ - - :~:R'T-r-C-c-~ "fi'r'`". , ' ~~~,~ ~..~ ~ ~ ~i~_-•;~ _-•~-.~a~a•-'\ , , •• ~ •. ~ r Temp ~j ~~r____--r;.~,~ ~ ~• ~ r _ ~~ ------ ~-- -Stabilized Grass r-- j ~..-~ ~ ~ ~~ s p i x ' ~ c ~ ~ ,t,,.~•.~"~` ~ _;~' i ~ m f~. ~" it t ,~ „ 3jp~ q ~ , ~ ~ ..:~ ~ , ~~ - ~ ~ ls~ ~ ,~ • ~ ~ ~ Masonry Wall Tal ~ ~ :. ,~ _ ~ t y ~ ~ ~,~T~-r- ~ 4F .. QY -- _ _ ~. ~ - - ~ , C 'K .__ ... 3 f -._.-~----I7'_~_ ' - - - -'_- . : ' ,~_-A YAK ~ _ _ _ ~ 1, C-~ 1 ' J~ i ' ~ ~ i _ SA'P ' ~ v .. - ,fC '} x' ~ :.'Y!.r'. S}X . .tlr. ". .iY' <86+ Ei XI° SN'sc+ A' ICU( G~wa` u t ~~ ; i1 i -r-- -~ Pocket Park ~ ° ~~ I . n..'l'`.`> 'eac THE CITY OF' iNINTER'SPRINGS PROPOSES TO ADOPT A DEVELOPMENT AGREEMENT ' A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF WIN- TER SPRINGS, FLORIDA; ANp MR. WAYNE PHILLIP REECE, ' ' THE OWNER OF APPROXIMATELY 7.56 ACRES OF REAL PROPERTY GENERALLY LOCATED ON BOTH THE NORTH AND SOUTH SIDE OF NURSERY ROAD EAST OF U.S. HIGHWAY 17- 92, IN SECTION 33, TOWNSHIP 20 S., RANGE 30 E., OF SEMI- NOLE COUNTY,'FLORIDA. THE DEVELOPMENT AGREEMENT ADDRESSES PRESENT AND FUTURE DEVELOPMENT OF THE SITE, ALLOWING FOR A VARIETY OF COMMERCIAL USES, INCLUDING, BUT NOT LIMITED TO A SANDWICH SHOP, RETAIL, AUTOMOTIVE USES AND A POCKET PARK. THE EXISTING RESIDENTIAL USES ON THE SITE WILL BE PHASED ' OUT. NO BUILDING SHALL EXCEED 50 FEET IN HEIGHT. DEN- a~V' t'et',' SITY SHALL NOT EXCEED A 0.5 FLOOR AREA RATIO. JJ ~` ~ ,::, n~ EXHIBIT ~~A~I {- 0~ f.'E "~ ~# ~ ~ _.. ~ ~ . _ ., -.~ .~ _ ;__. $500 c ~. I , - __ __ ~ 8UBJECT __ _ New shi ' ._.~. ~-..,,.......,..'PROPERTY __ ~.. i i .: _._ _..~_ _. rrive e~ ~ __~__._~ ~ ~ { 1 ,- ~ ~ j 1 -~ .,.. ~.... 3 .... ...... ..._ f _.- _ ...,. 1 ~ 1. t r,.. , f .,. .._ { ~ ! 1 i Take 110111 A PUBLIC HEARING ON THE ORDINANCES WILL BE YOU'II find a li HELD ON JULY 8, 2002 AT 6:30 P.M. And 1 AT THE CITY COMMISSION CHAMBERS LOCATED AT ' , 1126 EAST STATE ROAD 434 ' WINTER SPRINGS, FLORIDA OV~S Q• The proposed development agreement may be inspected by interested parties between 8 a m and ~ p m Monday through ~ Q,C~a'` Oti,V.`.,,11 ~ r('~h 6Q`, . . . ., ' ' OV ~ --AA Friday, at the City s Clerk s Office, located at 1126 East State ` P``` Road 434, Winter Springs, Florida. For more information call 9 / (407) 327-1800, Extension 227. Persons with disabilities needing assistance to participate in any of these proceedings should con- tact the Employee Relations Department Coordinator, 48 hours in One-of-a-kind, out-of-carton, discontinuec advance of the meeting at (407) 327-1800, Extension 236. This is a public hearing. If you decide to appeal any recommenda- tion/decision made by the City Commission with respect to any ~~ matter considered at this meeting, you will need a record of the 3825 For `' proceedings, and for such purposes, you may need to ensure Winter ,' that a verbatim record of the proceedings is made upon which - the appeal is based. ~~ ~ ; ~ ~ $i t&A LORIC -LUACE9 l ~ CITY CLERK a f , ~ - _ ._ / ~~ i I . iii ,. n~: 'y` -~ ~~ ,r << ery daX! ces, all at terrific looking for, from ding and morel red dryers at ~- II price. ~ shown is repres~ntetionai only. r~ ~ une 22 . O M f Aloma ! ~: Unirersi ' [o Dr . i ~~~ NOTIC~'t~~' LAND USE AND ~OM~N~ ~I~A~N THE CITY 0~ WINTER SPRINGS PROPOSES TO ADOPT A DEVELOPMENT AGREEMENT ' A gEVELOPMENT AGREEMENT BETWEEN THE CITY OF WIN- TER SPRINQS, FLORIDA,. AND MR. PHILLIP REECE, THE' OWNER OF APPROXIMATELY 7.56 ACRES OF REAL PROPER- TY GENERALLY LOCATED ON BOTH THE NORTH AND SOUTH SIDE OF NURSERY ROAD EAST OF U.S. HIGHWAY 17-82, IN SECTION 33, TQWNSHIP 20 S., RANGE 30 E., OF SEMINOLE COUNTY, FLORIDA. THE. DEVELOPMENT .AGREEMENT ADDRESSES;PRESENTANO FUTURE DEVELOPMENT OF THE SITE, ALLOWING. FOR A VARIETY OF COMMERCIAL USES, INCLUDING, :BUT NOT LIMITED TO Ar SANDWICH SHbP, RETAIL, AUTOMOTIVE USES AND A POCKET PARK. -THE EXISTING RESIDENTIAL USES ON THE SITE WILL BE PHASED OUT. NO BUILDING SMALL EXCEED 50 FEET IN;HEiGHT. DEN- SITYSHALL NOT EXCEED A 0.5 FLOOR i4REA RATIO. EXHIBIT "A" A PUBLIC HEARING ON THE ORDINANCES WILL $E . HELD ON JUNE 24, 2002 AT 6:30 P.M. AT THE CITY COMMISSION CHAMBERS LOCATED AT 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA The proposed development agreement may, be inspected by interested parties between 8 a.m. and 5 p.m., Monday through Friday, at the .City's Clerk's Office, located at 1126 East State Road 434, Winter Springs, Florida. For more information .call (407) 327-1800, Extension 227. Persons with disabilities needing assistance to participate in any of these proceedings should con- tactthe Employee Relations Department Coordinator, 48 hours in advance of the meeting at (407) 327-1800, Extension 236: This is a public hearing. If you decide to appeal any recommenda- ~ lion/decision made by the City Commission with respect to any matter considered at this meeting, you will need a record of the proceedings, and for such purposes, you may need to ensure ~ -~ that a verbatim record of the proceedings is made upon which ; the appeal is based. LO LUACEB ©TY CLEgY _ u. s. s I-I T„ ~' op sa LiL ~» n~+ f _- i. i JOHN A. LEKLEM, P.A. Attorney at Law JALeklem @AOL.COM S 151 Adanson Street, Suite 98 Orlando, Florida 32804 August 1, 2002 Anthony A. Garganese, Esquire BROWN, WARD, SALZMAN & WEISS, P.A. Post Office Box 2873 Orlando, FL 32802-2873 Y' ~~ ~~. ~~~~ Telephone 407-628-3577 Facsimile 407-628-2975 Re: Development Agreement between City of Winter Springs and Wayne P. Reece Dear Mr. Garganese: Enclosed is the original executed Binding Development Agreement. Once the original has been executed by Mayor Partyka please provide the undersigned with a copy since the effective date triggers certain time periods for Mr. Reece. Once this Agreement has been recorded, it is requested that you provide a copy of the recorded Agreement also. In addition, once the Agreement has been fully executed, it is requested that you prepare and forward a Florida Bar Standard Real Estate Sale and Purchase Agreement concerning the park property donation. If there is anything further required of Mr. Reece at the present time, please advise. Very JAL/cj Enc.: Executed Binding Development Agreement cc: Phil Reece JohnTA~. Leklem ~~ t~.- ~cU3_ - ~-~~ ~~ ~ ~~ ~ ~~e-- ~ ~Q.f` Prepared by and Return to: Anthony A. Garganese, City Attorney Brown, Ward, Salzman 8 Weiss, P.A. 225 E. Robinson Street, Suite 660 P.O. Box 2873 Orlando, FL 32802-2873 Parcel 1. D. Nos. 33-20-30-503-0000-0190 33-20-30-503-0000-019A 33-20-30-503-0000-019C 33-20-30-503-0000-019E 33-20-30-513-0 D 00-0010 33-20-30-513-0 D 00-0120 BINDING DEVELOPMENT AGREEMENT THIS BINDING DEVELOPMENT AGREEMENT (herein referred to as the "Development Agreement"), made and executed this day of , 2002, by and between the CITY OF WINTER SPRINGS, a Florida municipal corporation (herein referred to as the "City"), whose address is 1126 East State Road 434, Winter Springs, Florida, 32708, and WAYNE P. REECE, an individual (herein referred to as "Reece"), whose address is 561 Virginia Drive, Winter Park, Florida, 32789. WITNESSETH: WHEREAS, Reece owns certain real property located in the City of Winter Springs, Florida, and WHEREAS, the Subject Property was annexed into the City of Winter Springs from unincorporated Seminole County and Reece has petitioned to amend both the Future Land Use (FLU) designation and zoning classification to the appropriate City designation and classification; and WHEREAS, Reece desires to proclaim his plans for future use of the Subject Property, as set forth under this Development Agreement; and WHEREAS, Reece acknowledges that certain building safety, parking and traffic problems exist on the Subject Property, as well as compatibility issues with surrounding residential uses, and proposes measures to minimize the negative impacts of these problems and to enhance the compatibility of the Subject Property with the surrounding residential uses; and WHEREAS, Reece proposes to enter into this Development Agreement with the City to permit the future development of the Subject Property while minimizing the negative impacts and enhancing compatibility of the existing and future uses of the Subject Property, subject to requirements of the City's Comprehensive Plan, the Code of Ordinances, and conditions set forth in this Development Agreement; and WHEREAS, the City finds this Development Agreement consistent with the Comprehensive Plan and City Code of Ordinances and that approval of this Development Agreement is a legislative act of the City Commission of the City of Winter Springs; and WHEREAS, the City Commission further finds that this Agreement promotes the public health, safety, and welfare and is consistent with, and an exercise of, the City's powers under the Municipal Home Rule Powers Act, as provided in s. 2(b), Article VIII of the Florida Constitution and Chapter 166.021, Florida Statutes, and the City's police powers; and WHEREAS, this Development Agreement was also adopted pursuant to the public hearing procedures set forth in Section 163.3225, Florida Statutes, and to the extent that the Municipal Home Rule Powers Act does not authorize any provision hereunder, said provision shall be deemed adopted in accordance with the authority granted under 2 Sections 163.3220 -163.3243, Florida Statutes, the "Florida Local Government Development Agreement Act." NOW THEREFORE, in consideration of the mutual covenants and mutual benefits herein contained, the parties agree as follows: 1. Recitals. The foregoing recitals are hereby incorporated herein by this reference and deemed a material part of this Development Agreement_ 2. Authority. This Development Agreement is entered into pursuant to the Florida Municipal Home Rule Powers Act, Code of Ordinances of the City of Winter Springs, and to the extent necessary, the Florida Local Government Development Agreement Act. 3. Representations of Reece and City. Reece and City hereby represent and warrant that Reece and City have the power and authority to execute, deliver and perform the terms and provisions of this Development Agreement and have taken all necessary action to authorize the execution, delivery and performance of this Development Agreement. 4. Subject Property. The real property subject to this Development Agreement (hereinafter referred to as "Subject Property") is legally described in Exhibit "A," which is attached hereto and incorporated herein by this reference. 5. Phased Development. Reece agrees that future development of the Subject Property shall be in two (2) phases, as follows: 5.1 Phase 1. Reece agrees to promptly commence, and fully complete within six (6) months, the following development requirements in substantial 3 conformance with the conceptual Phase I Site Plan, which is attached hereto as Exhibit "B," and fully incorporated herein by this reference ("Phase I Plan") A. Reece shall delineate and stabilize a grass parking area for vehicles on the Subject Property which shall be located generally east of the eastern-most existing automotive garage building and northeast of the intersection of Nursery Road and Ridge Road. B. Reece shall create and maintain a "no parking" zone on the Subject Property which shall be approximately twenty (20) feet wide by two- hundred seventy (270) feet long and generally located adjacent to Nursery Road and depicted on the Phase II Plan described below. The zone shall be posted and enforced as a "tow-away zone" in accordance with Section 715.07, Florida Statutes. The zone shall aiso be kept at all time free of debris and obstructions of any kind. C. Reece shall construct a six (6) foot high masonry wall, with a twenty-five (25) foot wide vegetative buffer, along the entire north and east boundaries of the Subject Property that abut a residential area. Said wall shall be constructed of material and designed in a manner deemed acceptable to the City. The location of said wall and buffer is generally depicted on the Phase I Plan. No improvements shall be located within the buffer area except landscaping, the wall, and a portion of the proposed retention pond (north boundary only) as depicted on the Phase I Plan. 4 D. Reece shall construct a four (4) foot high masonry wall along the south boundary of the Subject Property that general ly runs approximately four hundred (400) feet from Talmo Street towards Ridge Street. Said wall shall be constructed of material and designed in a decorative manner deemed acceptable to the City. The location of said wall is generally depicted on the Phase I Plan. Future ingress and egress through the four (4) foot wall may be constructed during Phase II of the development upon approval by the City. E. Reece shall re-stripe the parking spaces directly in front of the existing eastern-most automotive garage building along Nursery Road to a width of ten (10) feet each. 5.2 Phase ll. Reece agrees to fully complete the following development requirements in substantial conformance with the conceptual Phase II Site Plan which is attached hereto as Exhibit "C," and fully incorporated herein by this reference ("Phase II Plan") A. Prior to final site plan approval for Phase II development, Reece shall have prepared a written traffic study and report ("Traffic Report") to address the development under the Phase II Plan. The Traffic Report shall be conducted by a traffic engineer and using a methodology deemed acceptable to the City. The Traffic Report shall be at Reece's expense. The Traffic Report shall address and provide recommendations 5 regarding, at a minimum, traffic generation, safe and efficient traffic movement, pedestrian safety issues, right-of-way adequacy, curb-cut location, and the potential for on- and off-site traffic improvements. The Traffic Report shall be subject to review and recommendation by the City's traffic consultant. Reece agrees to reimburse the City for the actual cost of the City's consultant's fees for providing said review and recommendation. The final site plan for the Phase II development shall implement the recommendations accepted by the City to the maximum extent feasible. The parties agree to coordinate the Traffic Report with the Florida Department of Transportation. B. Reece shall construct the proposed Phase II buildings which are depicted on the Phase II Plan. C. Unless sooner required bylaw, the Phase II development shall bring all the parking areas on the Subject Property into conformance with all applicable handicapped accessibility regulations. D. Illumination levels from the Subject Property shall not produce off-site illumination in residential areas nor off-site illumination in excess of 0.5 foot candles in commercial/industrial areas. Flickering or intrinsically bright sources of illumination shall be controlled so as not to be a nuisance to surrounding areas. 6. Special Property Restrictions Reece agrees that the Subject Property shall be bound by the following special restrictions: 6 6.1 Existing commercial/industrial floor area shall not be expanded on the Subject Property, until Phase II development has received final approval by the City. Phase II may be developed in phases. 6.2 On the eastern-most four hundred (400) feet of the Subject Property, auto repair shops, automotive tire shops, mechanic shops, auto body shops, auto paint shops, sheet metal shops, fabrication shops, industrial uses, and uses which generate obnoxious odors and excessive noise shall be strictly prohibited. 6.3. Businesses operating on the eastern-most four hundred (400) feet of the Subject Property shall limit their hours of operation between 6:00 a m. and 9:00 p.m. 6.4 To the extent that City of Winter Springs' water and sewer service is readily available to the Subject Project, as determined by the City, Reece shall utilize said services. Reece shall be responsible for all fees, connection charges, impact fees, and other fees required to be paid to obtain said services. 6.5 Reece shall fully cooperate with the City in the City's attempt to acquire additional right-of-way in order to widen Nursery Road to a standard road width at and near the intersection of U.S. Highway 17-92. 7. Park Property Donation. Within ninety (90) days of recording this Development Agreement in the Public Records of Seminole County, Reece shall donate and convey Lots 1 and 12 of Block D, Talmo Subdivision, Plat Book 9, Page 10 of the Public Records of Seminole County for use and maintenance as a park. The closing on said property shall be conducted by the City Attorney and each party shall bear the closing fees that are customary for a seller and buyer under the Florida Bar Standard Real Estate 7 Sale and Purchase Agreement. The City agrees to execute I.R.S. Form 8283 to acknowledge the donation of said real property upon proper receipt of the form from Reece. Unless otherwise mutually agreed in writing by the parties, the City will name the park "Diane Park." 8 Successors and Assigns. This Development Agreement shall automatically be binding upon and shall inure to the benefit of the successors and assigns of each of the Subject Property. 9. Applicable Law. This Development Agreement shall be governed by and construed in accordance with the laws of the State of Florida and the City of Winter Springs. 10. Amendments. This Development Agreement shall not be modified or amended except by written agreement executed by all parties hereto and approved by the City Commission of the City of Winter Springs. 11. Entire Agreement. This Development Agreement supersedes any other agreement, written or oral, and contains the entire agreement between the parties as to the subject matter hereof. 12. Severability. If any provision of this Development Agreement shall be held 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 Development Agreement. 13. Effective Date. This Development Agreement shall become effective upon approval by the City of Winter Springs City Commission and execution of this Development Agreement by all parties. 8 14 Recordation. Upon approval by the City of Winter Springs City Commission and execution of this Development Agreement by all parties, this Development Agreement and any amendments hereto shall be recorded by the City in the public records of Seminole County, Florida, and shall run with the land. 15. Relationship of the Parties. The relationship of the parties to this Development Agreement is contractual and arm's length. Reece is not an agent of the City for any purpose. Nothing herein shall be deemed to create a partnership, orjoint venture, or principal-agent relationship among the parties, and no party is authorized to, nor shall any party act toward third persons or the public in any manner which would indicate any such relationship with any other party. 16. Sovereign Immunity. Nothing contained in this Development Agreement shall be construed as a waiver of the City's right to sovereign immunity under Section 768.28, F/orida Statutes, or any other limitation on the City's potential liability under state or federal law. 17. City's Police Power. Reece acknowledges and agrees that the City hereby reserves all police powers granted to the City by law. In no way shall this Development Agreement be construed as the City bargaining away or surrendering its police powers. 18. Interpretation. The parties to this Development Agreement acknowledge and agree that all parties have participated equally in the drafting of this Development Agreement, and no party shall be favored or disfavored regarding interpretation of this Development Agreement in the event of a dispute between the parties. 19. Conceptual Plans• Permits. Reece acknowledges and agrees that the Phase I and Phase II Plans are conceptual in nature and that final site plan approval is 9 required by the City before any development can lawfully commence. Furthermore, the City may, at its discretion, require changes to the conceptual plans in order to address the requirements of the City's Comprehensive Plan, Code of Ordinances, and the public health, safety, and welfare. The failure of this Development Agreement to address any particular City, county, state and federal permit, condition, term or restriction shall not relieve Reece or the City of the necessity of complying with the law governing said permitting requirements, conditions, term or restriction. 20. Third Party Rights. This Development Agreement is not a third party beneficiary contract, and shall not in any way whatsoever create any rights on behalf of any third party. 21. Specific Performance. Strict compliance shall be required with each and every provision of this Development Agreement. The parties agree that failure to perform the obligations established in this Development Agreement shall result in irreparable damage, and that specific performance of these obligations may be obtained by suit in equity. 22. Attorneys' Fees. In connection with any arbitration or litigation arising out of this Development Agreement, the prevailing party shall be entitled to recover reasonable attorney's fees and costs through all appeals to the extent permitted by law. The City shall have the right to lien the Subject Property for any attorneys' fees and costs awarded the City under this Development Agreement which are not timely paid by Reece. 23. Future Rezonings/Development Permits. Nothing in this Development Agreement shall limit the City's authority to grant or deny any future rezoning or development permit applications or requests, or the right of Reece to apply for or oppose 10 any future rezoning or development permit application subsequent to the Effective Date of this Development Agreement. In addition, nothing herein shall be construed as granting or creating a vested property right or interest in the Subject Property. 24. Duration. This Development Agreement shall run with the land unless revoked or modified by Reece and the City by filing a recorded instrument of equal dignity herewith in the public records of Seminole County, Florida. 25. Notices. All notices and correspondence shall be sent or delivered by registered or certified mail to the parties hereto, return receipt requested, with copies forwarded to their respective attorneys at the addresses set forth below or at such other addresses as the parties hereto shall designate to each other in writing: A. ff to City: Mr. Ronald W. McLemore, City Manager City of Winter Springs 1126 East State Road 434 Winter Springs, Florida 32708 Telephone: 407-327-5957 Facsimile: 407-327-4753 With copies to: Anthony A. Garganese, City Attorney Brown, Ward, Salzman & Weiss, P.A. Post Office Box 2873 Orlando, Florida 32802-2873 Telephone: 407-425-9566 Facsimile: 407-425-9596 B. If to Reece: Mr. Wayne P. Reece 561 Virginia Drive Winter Park, Florida 32789 Telephone: 407-647-0911 Facsimile: 407-647-6491 With copies to: John A. Leklem, P.A. 5151 Adanson Street, Suite 98 -- Orlando, Florida 32804 Telephone: 407-628-3577 Facsimile: 407-628-2975 11 Any notice or demand so given, delivered, or made by registered or certified mail will be deemed so given, delivered or made three (3) days after the same is deposited into a U.S. Mail receptacle and verified, return receipt requested, addressed as above, provided with postage thereon pre-paid. Any such notice, demand, or document not given, delivered, or made by registered or certified mail as aforesaid shall be deemed to be given, delivered, or made upon receipt of the same by the party to whom the same is to be given, delivered or made. 26. Force Ma1eure. 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 Development 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 Development Agreement to the contrary, that failure shall not constitute a default under this Development 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. 27. City's Right to Terminate Agreement. Failure by Reece to perform each and every one of its obligations hereunder shall constitute a default, entitling the City to pursue whatever remedies are available to it under Florida law or equity including, without 12 limitation, an action for specific performance and/or injunctive relief or alternatively, the termination of this Development Agreement. Prior to the City filing any action or terminating this Development Agreement as a result of a default under this Development Agreement, the City shall first provide Reece with written notice of said default. Upon receipt of said notice, Reece shall be provided a thirty (30) day opportunity in which to cure the default to the reasonable satisfaction of the City prior to filing said action or terminating this Development Agreement. If thirty (30) days is not a reasonable period in which to cure the default, the cure period shall be extended to a reasonable cure period mutually acceptable to the City and Reece, but in no case shall that cure period exceed one-hundred twenty (120) days. Upon termination of the Development Agreement, Reece shall immediately lose all rights and privileges granted hereunder. IN WITNESS WHEREOF, the parties have executed this Development Agreement as of the date first written above. ATTEST: By ANDREA LORENZO-LUACES City Clerk CITY OF WINTER SPRINGS, a Florida Municipal Corporation: By: PAUL P. PARTYKA Mayor WAYNE P. REECE, an individu By: WAY E P. REECE Date: Q~ o ~ v Z. 13 STATE OF FL RIDA COUNTY OF The foregoing instrument was acknowledged before methis ~~ ay of . , 2002, by Wayne P. Reece, [ /j who is personally known to me, or [ ] who h produced as identification. Cheryl A Jeffers ~"~'r. NOTARY UBLIC, Sta e lorida (SEAL) ~~~~ "~C°rr'r"+S~°"°°°'~' My commission expires: ~/-~-pj p ti Expues November 28, 2005 14