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HomeMy WebLinkAboutCasscells Interim Development Agreement -1999 08 16INTERIM DEVELOPMENT AGREEMENT THIS INTERIM DEVELOPMENT AGREEMENT made this 16 Txday of AuguGt , 1999 ~~~~, by and between the CITY OF WINTER SPRINGS, a Florida municipal corporation (herinafter frequently called "the City") and Oleda D. Casscells, an individual; Margaret S.O. Cascells, an individual; Margaret S.O. Cascells, Trustee; R.E. Anne Casscells, an individual; Christopher D. Casscells, an individual; and S. Ward Casscells, an individual; (hereinafter frequently called "the Property Owner"), and is based on the following premises. WHEREAS, the City has regulatory power and responsibility involving comprehensive planning and land development regulations pursuant to state law; and, WHEREAS, the City has exercised legislative authority within the city limits of the City in adopting a comprehensive plan (hereinafter frequently called "the Plan"); and, WHEREAS, the City has been adopting land development regulations (hereinafter frequently called "LDRs") in the city, including the State Road (S.R.) 434 corridor; and, WHEREAS, certain prepared by the City for the S.R. 434 corridor are pending adoption by the City; and, WHEREAS, certain of these LDRs would affect property owned by the Property Owner, which property is described as: see Exhibit A: Property Description, attached hereto (and by this reference incorporated herein) and hereinafter frequently called the "Property"; and, WHEREAS, the City and the Property Owner have discussed the matter of preparing a set of LDRs following a Plan amendment, affecting Property Owners's Property because of the proximity of the Property to the S.R. 434 and Greeneway Expressway interchange; and, WHEREAS, both the City and. the Property Owner are interested in creating LDRs applicable to the Property; and, WHEREAS, the City and the Property Owner acknowledge that preparation, review by state regulatory officials, and adoption of the necessary Plan amendments and LDRs could take up to ninety (90) days; and, WHEREAS, the Property Owner wants to avoid application of the currently pending LDRs to its Property, and Property Owner is interested in creation of the Plan amendment and LDRs recognizing the proximity of its Property to the expressway interchange; and, ., Winter Springs/Casscells Interim Development Agreement Page 2 to it's Property, and Property Owner is interested in creation of the Plan amendment and LDRs recognizing the proximity of it's Property to the expressway interchange; and, WHEREAS, the City has requested that the Property Owner agree not to submit any application for development of any part or all of the Property for the estimated eighteen (18) month period while preparation, review, approval, and adoption of appropriate Plan amendments and LDRs are pending; and, WHEREAS, the City and the Property Owner enter into this agreement to express and address the respective intentions of the Parties regarding joint efforts to craft appropriate LDRs and articulate Property Owner's intention to not submit a development application for its Property for the eighteen (18) month periods it is estimated by the Parties to this Agreement as necessary to craft appropriate LDRs applicable to the Property; and WHEREAS, the Parties also desire to address the consequences of inability to enact LDRs within the eighteen (18) month period. NOW THEREFORE BE IT AGREED BY THE PARTIES as follows: 1. The Parties acknowledge that the foregoing PREMISES are true and correct. 2. The City has enacted Ordinance No. 670 entitled "New Development Area Zoning Overlay District". Ordinance nO.670 included Property Owner's Property in said Zoning Overlay District. 3. Ordinance No.670 would be implemented by detailed LDRs set forth in Ordinance No. 675 which is currently pending adoption by the City Commission of the City. As part of a compromise with the Property Owner in moving toward fulfilling the objectives described in this Agreement, Property Owner's Property has been deleted from the provisions of Ordinance No.675. 4. The City and the Property Owner have considered the concept of creating an overlay district and implementing LDRs that allow for land uses and regulations that would apply to the Property and address its unique location and still achieve the City's articulated objectives of implementing the S.R. 434 Corridor Vision Plan. 5. The City and the Property Owner recognize that development of the LDRs for the expressway interchange land uses could require an amendment to the City's adopted Plan. The City and the Property Owner acknowledge that this will add time to the process of adopting and implementing the LDRs, perhaps as long as eighteen (18)months. During the time that is required for adoption of any Plan amendment(s) and the appropriate LDRs, City desires from Property Owner a commitment that Winter SpringslCassceIls Interim Development Agreement Page 3 Property Owner will not submit a proposal for development of any part or portion of it's Property; or, if such a development proposal is submitted, what LDRs would apply to the Property. 6. While new LDRs for Property are being proposed and considered, Property owner is willing to hold development of it's Property in abeyance in accordance with the conditions set forth in this Agreement. 7. Therefore, the Parties to this Agreement agree: (a.) Property Owner will apply for a comprehensive Plan amendment for the Property. (b.) Property Owner agrees to withhold making any application for development approval for eighteen (18) months from the date of the execution of this Agreement. (c.) Both the City and the Property Owner will work diligently toward securing approval of the amendment to the City's Plan and creation ofLDRs consistent with said Plan. (d.) Should Property Owner elect to file an application with the City for development of any part or all of the Property during the period of this Agreement, then Property Owner shall be required to give City thirty (30) days prior written notice at the address(es)shown under Paragraph 10 of this Agreement entitled "Notices ". (e.) Should Property Owner elect to proceed according to Paragraph 7 (d), above, or if new LDRs consistent with any plan amendment applicable to the Property are not adopted as described herein, or if the Agreement is extended pursuant to Paragraph 7 ( e) within the eighteen (18) month period then the Parties to this Agreement, and their successors, assigns, or heirs, agree: (i) the regulations applicable to the Property shall be those contained in Ordinance NO.670 adopted on July 28, 1997, and Ordinance 675, or such other regulations are ultimately adopted by the City. (ii) that in the event the Property Owner elects to proceed pursuant to Paragraph 7 (d.) and 7 (e.), then the Parties agree and acknowledge that the application of said LDRs set forth in Ordinances Nos.670 and 675 will be treated as if those regulations were first applied to Property Owner's Property on that date that the Property Owner first applies for development approval pursuant to Paragraph 7 (d.), for purposes of calculating any statute of limitations applicable if Property Owner elects to challenge the application of said regulations to its Property. (f) The provisions of this Agreement, including sub-Paragraph 7 (e.)(ii), shall expire thirty six months after its execution, unless extended in writing by the Parties and approved by The City Commission of the City. Winter Springs/Casscells Interim Development Agreement Page 4 (g) The Parties acknowledge that the City will not adopt Ordinance No.690 at this time but rather will adopt appropriate regulation amending or eliminating requirements of Ordinance NO.670 as part of the comprehensive application ofLDRs to Property Owner's Property, as described in this Agreement and required by applicable law. 8. This Agreement shall bind and inure to the benefit of the parties and their successors, assigns and heirs. 9. Agreement to be Recorded in Public Records. A copy of this Agreement certified by the City Clerk of the City of Winter Springs, Florida as being a true and correct copy of the Agreement approved by the City Commission of the City of Winter Springs, and maintained in the records of the said City Clerk, shall be recorded in the Public Records of Seminole County, Florida. 10. Notices. All notices, request, demands, and other communications hereunder shall be in writing and shall be deemed given if personally delivered or mailed, certified mail, return receipt request to: If to City, to: City Manager, City Hall, City of Winter Springs, 1126 East State Road 434, Winter Springs, Florida 32708. With a copy to: City Clerk, City Hall, City of Winter Springs, 1126 East State Road 434, Winter Springs, Florida 32708. If to Property Owner to: Margaret S.O. Casscells, 907 Old England Avenue, Winter Park, Florida 32789. With a copy to: Dennis F. Wells, Esquire: 550 North Bumby, Suite 280, Orlando, Florida 32803. 11. Venue. This Agreement shall be construed in accordance with the laws of the State of Florida, with the venue in Seminole County. 12. Severability. If any provision or portion of the Agreement is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provision and portions of this Agreement shall remain in full force and effect. 13. Entire Agreement. This Agreement supersedes any and all agreements, either oral or written, hetween the parties hereto and contains all of the covenants and agreements between the parties with respect to the Property. 14. Amendment. Any modification, amendment or change of this Agreement will be effective only if it is in a writing signed by both parties Winter Springs/Casscells Interim Development Agreement Page 5 14. Amendment. Any modification, amendment or change of this Agreement will be effective only if it is in a writing signed by both parties AND AGREED TO BY THE PARTIES on the date first written above. CITY: X/ (~` ~-~II "' PAUL P. PARTYKA, MA STATE OF FLORIDA COUNTY OF SEMINOLE WITNE , Pr/int Name ~~/~ 'h b' ITNESS. Print Name ~,+i c,~~- f~GA,~ The foregoing instrument was acknowledged before me this 1999, by Paul P. Partyka, the Ma City of Winter Springs, corporation. He is persen own to me r has produced identification. n ~~ +'F ~~- OTARY PUBLIC . OF FLORiT'~~_ Print ANDREA LORENtp~LUAC68 My commiss '~'' coM~nseior~,~ c°r-~ rwosrorK+r ~ ~ ~: I ~`~` day of ~`~ on behalf of the municipal as Nov-25-97 03:27P Margaret Casscells 407628-0989 P.07 Winter SpringslCasscells Interim Development Agreement Page 6 PROPERTY OWNER (f}e" ~o_ (0 (Jo~ MO~ OLEDA D. CASSCELLS an individual t!Jfj)6'< ~, ~~LJ~S ~~ WITNESS: r:J I J-l Print name --r ~ e #:;- ~ -Jrt,..J...SiJ,0 STATEOFF~A ~ COUNTY OF ~ The foregoing instrument was acknowledged before me this~ay of November 1997) by Oleda D. ~Cells, an individual. She is personally known to me. or has produced ~b\,>~ ~ ~ \(l~~ as identification. ~(t~~~ TARY PUBLIC, STATE OF FL A Print My commission expires omOALNOTARYS L BARBARA C MOURGUIART NOrARY PUBUC STATE OF FLORIDA COMMISSION NO. CCS41616 MY COMMISSION EXP. MAR. 20 " " Winter Springs/Casscells Interim Development Agreement Page 7 PROPERTY OWNER ~~~~ . ARET S.O. CASSCELLS an individual ~~ TNESS: Print name ..J€q/fe~ ;t/c;/,,/,/S()/y' Q~~-~~------ tfrL~name dill"_ -I- Y. WAhj '-< d STATE OF FLORIDA COUNTYOF O~r4-rJGe- The foregoing instrument was acknowledged before me this~5"Jt..- day of November 1997, by Margaret S.O. Casscells, an individual. She is personally known to me, or has produced r-L Dri"~ L't.,. ~Lt:J -511 -ldJ-?fA-:A-O as identification. PROPERTY OWNER ~~~~ T S.O. CASSCELL J Y. LANTlGUA MY COMMISSION' CC 503669 EXPIRES: NCMIIl1ber 28, 1999 " Bonded Thru NolIIy PubIlc UncIIIwrIllIII Trustee JITNESS' . Print n~ eo-/1ffl-€.. /It; ~/'/.54 4J ~~~d~___ Print name dt1a 'I La rt -h~C) STATE OF FLORIDA COUNTY OF o/Z fhJ b e- The foregoing instrument was acknowledged before me this.:1 c;4~ay ofN ovember 1997, by Margaret S.O. Casscells, Trustee. She is personally known to me, or has produced {;.L !:xi v. ~-a- C:;'Lj.~ -57}-~- ?W-O as identification. I :'~~~ JANET Y. LNmGUA I !"i :*\ MY COMMISSION' CC 5OS669 ....; '~l EXPIRES: NCMIIl1ber 28.1899 ..'.;~ . IIGndecI Thru Natlwy PuIIIIc lbIIIwIIIIII , Nov-25-97 07:57P Margaret Casscells Winter SpringslCasscells Interim Development Agreement Page 8 PROPERTY OWNER ;j !/1M (Zsev(J R.E.~CASSCELLS an individual (Single Form) Effective 1/1/91 irATE OF CALIFORNIA lUNTY OF ~ tYl::v.f-eo On ['1/) ,; . ..l-5) L-qq1 personally appeared f<... E:. o...~ } SS. 407628-0989 P.oa ~~ WITNESS: Print name if d(t;; In . --~?Z2:. _ ;:tn~~:.~~-~~A~ before me, the undersigned, a Notary Public in and for said State, C ll..'S5C. L U-s ovember 1997. r has produced personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/ her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. !s;g.at=!d~ ~ if Name t..l \""'41' 'S t^^', 4 (typed or printed) FTG-3197 EllEN SMITH ~ Comm. '1045036 Q . NOTARY PUBlIC .. CAlIFORNIA: SAM IllATEO COUNTY U Conn. ExpitMo.c. 2.1. .. f OF FLORIDA I [ (Thia area for official notarial seal) ! Nov-25-97 03:16P Margaret Casscells 407628-09S9 P.IO Winter SpringslCassceUs Interim Development Agreement Page 9 ~~ CHRISTOPHER D. CASSCELLS an individual NOTARY PUBLIC GLORIA A. PITTMAN STATE OF DELAWARE My commission expires 1.23.98 ~c?~ WITNESS: PrintnamG~&?l 4 /:.~,. ----------------- WITNESS: Print name STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this _ day of November 1997, by Christopher D. Cassce1Js, an individual. She is personally known to me, or has produced as identification. NOTARY PUBUC. STATE OF FLORIDA Print My commission ecpires Nov-25-97 04:28P Margaret Cas see I Is 4U/b~B-0989 P.lO Winter SpringslCasscells Interim Development Agreement Page 10 PROPERTY OWNER ~s- an individual . ~ ,[)~.~ ~ P~ name 'J" e tt.Y) ni.e J)/!t11J (jrc WJ~~-4~------- Pri:t::~~:"-kYi1n !t1edp;' (05 1"t:YA:J STATE OF fLORID1\. COUNTY OF H A-(trLl .s The foregoing instrument was acknowledged before me this 2..5~ay of November 1997, by S. Ward Casscells, an individual. ~e is personally known to me, or has produced as identification. ~~ ...\,'..':..~It;,:!", "~~~o:...~'~. ~. -.-:. . . ~.~. }It~ ~~,.,. ..,:!~ "~:"'t9f..t~~~"" KIM LEATHERWOOD ~ COMMISSION EXPIRES August 'lJ. 1999 !JuLM-- NOTARY PUBLIC, STATE OF FLOlUDA Print K.i m L-ell4-he.\~ My commission expires <:j IqC; Exhibit A LOT 2 EAST OF WEST LINE OF SECTION 5, TOWNSHIP 21 SOUTH, RANGE 31 EAST, EXTENDED NORTHERLY TO SECTION 31, TOWNSHIP 20 SOUTH, RANGE 31 EAST. WEST 1/3 OF 1 OF 5, PHILIP R. YONGE GRANT, PLAT BOOK 1, PAGES 35 TO 38, SECTION 5, TOWNSHIP 21 SOUTH, RANGE 31 EAST. LAST 1/3 OF WEST 2/3 OF LOT 5, PHUILIP R. YONGE GRANT, PLAT BOOK 1, PAGES 35 TO 38, SECTION 5, TOWNSHIP 21 SOUTH, RANGE 31 EAST. EAST 1/3 OF LOT 5, PHILIP R. YONGE GRANT, PLAT BOOK 1, PAGES 35 TO 38, SECTION 5, TOWNSHIP 21 SOUTH, RANGE 31 EAST. NORTH 3/4 OF LOT 14 LESS WEST 1,000 FEET OF PHILIP R. YONGE GRANT, PLAT BOOK 1, PAGE 35 TO 38, SECTION 5, TOWNSHIP 21 SOUTH, RANGE 31 EAST, AND ALL OF ,LOT 21, NORTH OF STATE ROAD 419, LESS THE WEST 1,000 FEET OF SAID PHILIP R. YONGE GRANT. LOTS 13, 15,20, AND LOT 19 NORTH OF OVIEDO STATE ROAD NO. 419, AND OF PHILIP R. YONGE GRANT ACCORDING TO PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 38 OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA. ALL IN SECTION 5, TOWNSHIP 21 SOUTH, RANGE 31 EAST. LOTS 10 AND 9 OF THE PHILIP R. YONGE GRANT, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 35, OF THEPUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, IN SECTION 5, TOWNSHIP 21 SOUTH, RANGE 31 EAST. LOTS 11 AND 17 OF THE PHILIP R. YONGE GRANT, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE35, OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, IN SECTION 5, TOWNSHIP 21 SOUTH, RANGE 31 EAST. LOT 12, PHILIP R. YONGE GRANT, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 36, OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, LESS ROAD RIGHT-OF-WAY ON WEST. LOT 16, LESS ROAD RIGHT-OF-WAY, SECTION 5, TOWNSHIP 21 SOUTH, RANGE 31 EAST, PHILIP R. YONGE GRANT, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 36, PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA. LOT 18 AND THAT PART OF LOT 19 LYING NORTH OF SANFORD-OVIEDO PAVED ROAD, SECTION 5, TOWNSHIP 21, RANGE 31 EAST OF THE PHILIP R. YONGE GRANT AS RECORDED IN PLAT BOOK 1, PAGES 35 TO 38 OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA.