Loading...
HomeMy WebLinkAboutMiranda, Joseph M. and Zelia M. Binding Development Agreement -2002 07 19 @ "...-.. ,....................... Prepared by and Return to: Anthony A. Garganese, City Attorney Brl!lwn, Ward, Salzman & Weiss, PA 225 E. Robinson Street, Suite 660 P.O. Box 2873 orlando, FL 32802-2873 MARVANNE MORSE, CLERK OF CI RCUIT CWRT SEMItn.E C(lNTY BK 04450 PG 0328 CLERK'S. 2002902560 RECORDED 07/01/2002 04:21:36 P" RECORDING FEES 69.00 R€CORDfJ) BY S O'K~lley Parcel 1.0. No. 36-20-30-502-0000-0010 BINDING DEVELOPMENT AGREEMENT THIS BINDING DEVELOPMENT AGREEMENT is made and executed this I ~ ~ day of --::r-~ 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 the owner of the subject property, JOSEPH M. MIRANDA and ZELIA M. MIRANDA (herein referred to as the "Owner"), whose address is 1417 Lambert Street, Deltona, Florida, 32725. WITNESSETH: WHEREAS, Owner owns certain property located in the City of Winter Springs, Florida, Town Center District, and legally described in Exhibit "A," which is attached hereto and incorporated herein by this reference (herein referred to as the "Subject Property"); and WHEREAS, the City Commission at its regular meeting on October 22, 2001, approved a special exception to allow an automotive repair facility at the Subject Property, subject to the seven (7) conditions set forth in the City Commission agenda item for the special exception and also subject to the approval of this development agreement between the City and Owner; and 1 >,~,<..~._--,",",.~,~""",~~",~~_.,,, F J LE NUM 2002902560 OR BOOK 04450 PAGE 0329 WHEREAS, the City Commission of the City of Winter Springs finds that this Agreement is consistent with the City's Comprehensive Plan and land development regulations and 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. 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. 2. Authoritv. This Development Agreement is entered into pursuant to the Florida Municipal Home Rule Powers Act, and the Code of Ordinances of the City of Winter Springs. 3. Representations of Owner. Owner hereby represents and warrants to City that Owner has the power and authority to bind the Subject Property and execute, deliver and perform the terms and provisions of this Development Agreement, has an equitable or legal interest in the title to the Subject Property, and has taken all necessary action to authorize the execution, delivery and performance of this Development Agreement. ".~ 2 FILE NUM 20029025bO OR BOOK 04450 PAGE 0330 4. Approval of Special Exception. The City hereby reaffirms that a special - exception to allow an "automotive repair shop" has been approved by the City commission on October 22, 2001, for the Subject Property, subject to the terms and conditions of this Agreement. Owner acknowledges that if this Agreement is ever terminated, the special exception shall be deemed null and void and the use of the Subject Property as an automotive repair shop shall no longer be permitted, unless otherwise approved by the City Commission. The automotive repair shop shall be strictly limited to only routine service as more particularly described herein. 5. Town Center Acknowledgment. Owner hereby acknowledges that the Subject Property is located in the Winter Springs Town Center and is subject to certain unique regulations. These regulations are designed to ensure that all structures and uses of property located within the Town Center are developed and maintained in a high-quality condition that promotes the Town Center vision and character set forth in the City's Comprehensive Plan and Code of Ordinances. Owner also acknowledges that any use of the Subject Property that is inconsistent with this Agreement and the Town Center regulations is detrimental to the public health, safety and welfare of the citizens of Winter Springs. Therefore, Owner hereby agrees to abide by all provisions of the Town Center Zoning Code and Comprehensive Plan provisions and all discretionary City approvals granted under said Code and Plan, as may be lawfully amended from time to time. 6. Use Restrictions. Owner agrees to fully comply with the following use restrictions on the Subject Property: - 3 FILE NUM 2002902560 OR BOOK 04450 PAGE 0331 6.1 Hours of Operation/Noise. The hours of operation of the automotive repair shop shall be limited to the hours of 7:00 a.m. to 7:00 p.m., Monday through Saturday. Owner shall take all reasonable and necessary steps required by the City to minimize noise impacts on surrounding properties. No activity on the Subject Property shall produce any unreasonably loud, disturbing, and/or raucous noise, audible from surrounding properties, at any time. Emergency towing is the only commercial activity allowed at the Subject Property between the hours of 7:00 p.m. to 7:00 a.m., Monday through Saturday and all day on Sunday. 6.2 SiQnage. Signage must conform to the Town Center requirements and shall be limited to that depicted on Exhibit "8," which is attached hereto and incorporated by this reference. 6.3 Vehicle StoraQe/Screening. Vehicles awaiting routine service or ,- repair must be stored in the rear of the site and not be visible from the public rights- of-way. Garden walls, fences, or hedges may be used to screen vehicles from public view. A 6-foot tall masonry wall shall be constructed and maintained along the entire rear boundary of the Subject Property. The height of said wall shall be measured from ground level and the masonry materials and design of the wall shall be subject to City approval. The Subject Property shall not be used as a towing storage area (no wrecked or stored vehicles will be allowed). There will be a reasonable limit to the time a vehicle may be kept at the Subject Property. Tow trucks or similar-type vehicles shall not be stored or parked overnight on the Subject Property. - 4 FILE NOM 2002902560 OR BOOK 04450 PAGE 0332 6.4 Use Restrictions. On-site work shall be limited to minor automobile repairs and express lube'. There shall be no retail sales of automobile parts or accessories. Allowable minor automotive repairs uses include express lubrication; other automotive fluid changes or additions; tune-ups; timing, carburetor, clutch and other various adjustments; changing clutches, head gaskets, shock absorbers, struts, starters, alternators, water pumps, radiators, hoses, belts, windshield wipers, and similar other routine service items. Major engine or transmission work (e.g., overhauling or changing engines or transmissions), frame straightening, paint and/or body work, and similar major service items shall be strictly prohibited. 6.5 Buildino. The building located on the Subject Property shall be constructed to be 2-story in appearance, or in fact, with all four (4) sides of the building, as well as the wall(s), substantially consistent, architecturally, with the ".-- facade substantially in conformance with Exhibit "B," which is hereby incorporated herein by this reference. The building may house a maximum of five (5) "service bays," three (3) of which will be used for minor automobile repair work and two (2) of which will be used for express lubrication. Owner may construct one residential unit on the second floor of the building, subject to all applicable building and life/safety codes. The building shall be provided with an awning or awnings on the front, consistent with the awning specifications set forth in the Town Center District Code. 6.6 Landscapino. In addition to the normal exterior building landscaping, the final site plan shall include a landscape plan with landscaping and trees on the .."...--- 5 r.lLI:. ...u..... I-"""'J~~__-_ OR BOOK 04450 PAGE 0333 interior of the Subject Property. Owner shall maintain the landscaping at all times _. by retaining a competent and qualified professional landscape maintenance company. 6.7 Pollution and Other Environmental Concerns. Owner shall fully comply with all applicable local, state, and federal environmental regulations and laws governing noxious fumes and the disposal of waste materials. Fumes and obnoxious odors generated by the automotive repair shop shall not affect the surrounding properties and shall be minimized to the maximum extent possible. Stormwater management, motor oil tanks, and other environmental considerations shall be adequately addressed to the City's satisfaction during the site plan review process. 6.8 Expiration. If construction of the automotive repair shop is not - substantially completed during the course of two (2) years from the date that this Development Agreement is executed, as evidenced by Certificates of Occupancy, this Development Agreement shall expire. The two (2) year period may be extended by the City Commission, if due to difficulties beyond the Owner's control and despite a good faith effort by the Owner, construction is delayed. 7. 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. 6 FILE NUM 2002902560 OR BOOK 04450 PAGE 0334 8. 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. 9. 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. 10. 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. 11. 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. 12. 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. 13. 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. 14. Relationship of the Parties. The relationship of the parties to this Development Agreement is contractual and arm's length. Owner is not an agent of the City 7 ,- i,,~'-'" . . FILE NUM 2002902560 OR BOOK 04450 PAGE 0335 forany 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. 15. 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, Florida Statutes, or any other limitation on the City's potential liability under state or federal law. 16. City's Police Power. Owner 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. 17. 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. 18. Permits. The failure of this Development Agreement to address any particular City, county, state and federal permit, condition, term or restriction shall not relieve Owner or the City of the necessity of complying with the law governing said permitting requirements, conditions, term or restriction. 19. 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. 8 FILE NOM 2002902560 OR BOOK 04450 PAGE 0336 20. 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. 21. 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. 22. Future RezoninQs/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 Owner to apply for or oppose any future rezoning or development permit application subsequent to the Effective Date ofthis Development Agreement. In addition, nothing herein shall be construed as granting or creating a vested property right or interest in the Subject Property. 23. Force Maieure. The parties agree that in the event that the failure by either party to accomplish any action required hereunder within a specified time period ("Time Period") constitutes a default under the terms of this Agreement and, if any such failure is due to any unforeseeable or unpredictable event or condition beyond the control of such party, including, but not limited to, acts of God, acts of government authority (other than the City's own acts), acts of public enemy or war, riots, civil disturbances, power failure, shortages of labor or materials, injunction or other court proceedings beyond the control of such party, or severe adverse weather conditions ("Uncontrollable Even!"), then notwithstanding any provision of this Agreement to the contrary, that failure shall not 9 F] LE NUM 2002902560 OR BOOK 04450 PAGE 0337 constitute a default under this Agreement and any Time Period proscribed hereunder shall be extended by the amount of time that such party was unable to perform solely due to the Uncontrollable Event. 24. City's RiQht to Terminate Agreement. Failure by Owner 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 limitation, an action for specific performance and/or injunctive relief or alternatively, the termination of this Agreement. Prior to the City filing any action or terminating this Agreement as a result of a default under this Agreement, the City shall first provide the Owner with written notice of said default. Upon receipt of said notice, the Owner 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 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 the Owner, but in no case shall that cure period exceed one-hundred twenty (120) days. Upon termination of the Agreement, the Owner 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. --- - By: i PAUL P. PARTYKA Mayor ATTEST: .- 10 //WITNE~ESc:: .. ; -/ ""~: .,L.-/ -----..; . ' -?~ UI; 17~ Z?60;{j);/0 FILE NUM 2002902560.. 0338 OR BOOK 04450 PAGE OWNER: By: ~L fY2~-'1~/1(4, JJO~PH M. MIRANDA Date: ~/9 / D2 I :v~# By: <).e. (d,c. ~~\ Y-~n.cl a.. {zeLiA M. MIRANDA D.d./,A./?d 87 ~~t'lv Date: 6--1'1-0.2., ..'~'''' Sylvia P Denson * 'iiiiJJ * My Commission CC870502 .....~." '".,,,,,~ Expires November 6, 2003 f dayL, o has produced Th oregoing instrument was acknowledged before me this ~Owy Joseph JVI. Mi!:..anda, Ll who is personally kn n to , or t1 (eS3 qq 3 b 3 O~l-')- () as identifi tion. / f - b, 05 / (SEAL) STATE OF FLOR COUNTY OF (', (SEAL) ..fi.... "".. Sylvia P Denson "* *My Commission CC870502 ~ . -'I.. ".,~ Expires November 6.2003 daY~, o has produced The oregoing instrument was acknowledged before me t . A002, ~ ~elia M. Miranda, [ 1 w~o is personally k wn t , or [ 1-:[11 b3 Cf?3 51 0~q-{) as idenf ation. (p I 01 I ~,.-, 11 EXHIBIT "A" Legal Description FILE NUM 2002902560 OR BOOK 04450 PAGE 0339 FILE NUM 20029025&0 OR BOOK 04450 PAGE 0340 \ , \ \ - 2.0.... W.t\t:r~.R Cll1' ~:~IIVCS AoVl.{,t 2" ....... <I' " ------- JP AcHE 'lR V.O "i ~ ILoe LEG~L DESCRI~TION PROPERTY FOR WINTER SPRINGS AUTOMOTIVE .,,~ Beginning at lhe most Easterly comer ollhat part of Block "B" of D. R. MITCHELL'S SURVEY OF THE LEVY GRANT, as recorded in Plat Book 1, Page 5, in the office of the Clerk of Circuit Court of Seminole County, Florida, lying South and West of the paved road leading from Sanford to c;>viedoj thence along the Southwesterly side of the paved road North 38 degrces 45 minutes West 1586.00 feet to a concrete monument West 200.00 feet; thence South 51 degrees 15 minutes West 291.30 feet to the Southeasterly side ofa dirt road; thence Sq\ith 22 degrees 15 minutes East 208.80 fcct; thence North 51 degrees 15 minutes East 351.10 feet to the point ofbeginning. Less road right of way described in Order of Taking recorded in O. R. Book 2803, Page 1023. 1 .; .' -;'~ EXHIBIT "B" Signage/Facade ,.;.......... F I LE~~NUM 2002902560 OR BOOK 04~50 PAGE 0341 I ~~ -, . -or- , --1-- \... . , --....- ~-- .,'. ,-.....:. - ...~~-_.....- i ~........ .4f ------ ---------- - '-. r:"'/ _..3_l: .-----~ \. \ \ . \ , L- ,. i ;~::. \ ~ '. - c - . (' -_J.I .-' '=.'.:~ '\ ~.:: . . '.'\.... .~Y-'.: :.... \ i \ ,"'.~ . l~\ ',' . j ~~ t.~ LEu\B\urt UNSIXf\SfAClOK1 fOR SCI\NN\NG J ~.......,......~"Nt-~-- ~ o ~ rt- -.>-r1 l-O $b ::0 n ~ ~ ~~ Z .tv >.~ ::0 "~J -:5.n ~. ~ C1Q (/) . ~ ~ 0J ~ 0"'1 ::o- r- lX'm o oz ;:E:C ~3 ~~ c.no o~ o ,,1\) D~ UlO m o w ~ I\)