HomeMy WebLinkAbout1998 01 12 Regular Item C-1
COMMISSION AGENDA
ITEM
C-l
REGULAR X
CONSENT
INFORMATIONAL
January 12. 1998
Meeting
MGR. /?ft;Yi fDE~
Authorizatio
REQUEST: The Community Development Department - Planning Division requests the City
Commission hold the first public hearing for adoption of a Development
Agreement, pertaining to a 296.96 acre parcel located on the east side of State
Road 471 (aka "The GreeneWay) and on the north side of State Road 434.
PURPOSE:
The purpose of this Board Item is to request the Commission to hold a first public hearing
on a proposed Development Agreement on the 296.96 acre Battle Ridge Property.
APPLICABLE LAW AND PUBLIC POLICY:
The provisions of 163.3220(2) Florida Statutes which states "The Legislature finds and
declares that: (a) The lack of certainty in the approval of development can result in a
waste of economic and land resources, discourage sound capital improvement planning
and financing, escalate the cost of housing and development, and discourage commitment
to comprehensive planning. (b) Assurance to a developer that upon receipt of his or here
development permit he or she may proceed in accordance with existing laws and policies,
subject to the conditions of a development agreement, strengthens the public planning
process, encourages sound capita improvement planning and financing, assists in assuring
there are adequate capital facilities for the development, encourages private participation
in comprehensive planning, and reduces the economic costs of development.
The provisions of 163.3220(3) Florida Statutes which states "In conformity with, in
furtherance of, and to implement the Local Government Comprehensive Planning and
Land Development Regulation Act of 1972, it is the intent of the Legislature to encourage
a stronger commitment to comprehensive and capital facilities planning, ensure the
provision of adequate public facilities for development, encourage the efficient use of
resources, and reduce the economic cost of development.
JANUARY 12, 1998
AGENDA ITEM C-l
Page 2
The provisions of 163.3220(4) Florida Statutes which state" This intent is effected by
authorizing local governments to enter into development agreements with developers,
subject to the procedures and requirements of 163.3220-163.3243 F.S.
CONSIDERATIONS:
1. The City staff and the Battle Ridge representative have held discussions on the
specifics of a Development Agreement.
2. The Development Agreement indicates certain restrictions and specifications the
City staff believes will protect the environment and will promote compatibility with
the surrounding area.
RECOMMENDATION:
Staff recommends approval of the Development Agreement pertaining to the 296.96 acre
Battle Ridge Property located on the east side of State Road 471 (aka "The Greene W ay)
and on the north side of State Road 434.
IMPLEMENTATION SCHEDULE:
The approval of the Development Agreement pertaining to the Battle Ridge Property "shall
become effective upon proper recording in the public records of the county and until 30 days after
having been received by the state land planning agency (DCA) pursuant to 163.3220 to
163.3243 F.S.
ATTACHMENTS:
1. Development Agreement
COMMISSION ACTION:
JRN-08-1gg8 15:30
GRAY HARRIS ROBINSON-PA
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ANNEXATION AND PRE-DEVELOPMENT AGREEMENT
THIS AGREEMENT is made and entered into this _ day of January, 1998, by
and between the City of Winter Springs, Florida (herein referred to as the "City") and
Battle Ridge Companies, Inc. (herein referred to as the "Owner").
w 1 I N E SSE I H:
WHEREAS, Owner owns property located in unincorporated Seminole County on
the east side of the State Road 417 (a/kla "The GreeneWay") and north of State Road
434 and has filed an Application for Annexation of Owner's property into the City which
land is described on Exhibit "A" attached hereto and incorporated herein, and
WHEREAS, the City has encouraged Owner to annex into the City and
acknowledges the continuing permanent benefit which the City will receive by virtue of
annexing Owner's property and acquiring the right to provide municipal seNices to the
Property, and
WHEREAS, the City has determined that it is in the City's best interest to enter
into this Agreement to assure Owner of the future availability of adequate municipal
seNices, including sewer and water selVice, at such times and in such capacities as
may be necessary to allow Owner to develop the Property as set forth herein, and
WHEREAS, Owner's plans for development of the Property as a high-quality,
residential development have been deemed by the City to be of substantial economic
benefit to the City and its citizens. Owner's plans further include creating a conselVation
area for the benefit of preserving and protecting over two-thirds of the Property in its
natural state, which will be of substantial benefit to the City and its citizens, and
WHEREAS, the City has determined that it is feasible and in the City's best
interest to extend into Owner's Property other municipal selVices, such as police
protection, fire protection, sewer and water service, trash and garbage removal, street
and storm drainage maintenance, and
WHEREAS, in reasonable reliance upon the provision of water and sewer
seNice, municipal services, and other inducements to annex, Owner has filed said
Application for Annexation pursuant to 171.044, Florida Statutes, and
WHEREAS, Owner has filed an application with the City for a large scale
comprehensive plan amendment to change the Future Land Use Map designation of the
developable portion of the Owner's property designated on the Seminole County Future
Land Use Map as "Suburban Estates" (1 Dwelling unit per acre) to the City's Future
Land Use Map designation of "Lower Density Residential" (1.1 to 3.5 Dwelling units per
acre) and to change that portion of the Owner's property designated on the Seminole
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County Future Land Use Map as "Conservation" to the Citis Future Land Use Map
designation of "Conservation," and
WHEREAS,Owner has filed an application with the City to rezone the
developable portion of Owner's property from Seminole County Zoning Map designation
A-1 "Agriculture" to the City's Zoning Map designation R-1 "One-Family Dwelling
District," and
WHEREAS, Owner is further willing to annex if the City agrees to cooperate in
the effort to amend its Comprehensive Plan Future Land Use Map to accommodate and
be consistent with the land uses permitted for residential uses as described herein and
otherwise do what is reasonably necessary to rezone the property pursuant to these
land uses.
WHEREAS, the first reading of Ordinance 694 to annex the property was held on
January 12,1998 and the second reading and public hearing of Ordinance 694 waS
held on January 26, 1998, and
WHEREAS, the first reading of Ordinance 695 to adopt the large scale
comprehensive plan amendment (LG-CPA-1-95) changing the Future Land Use Map
designation of the property was held on January 12, 1998 and the second reading and
public hearing of Ordinance 695 was held on January 26, 1998, and
WHEREAS, the first reading of Ordinance 696 changing the Zoning Map
designation of the property was held on January 12, 1998 and the second reading and
public hearing of Ordinance 696 was held on January 26, 1998, and
WHEREAS, Owner and City believe that it is in the best interest of each party to
enable the Property to be developed in accordance with the preliminary development
plan attached hereto as Exhibit "B" (the "Preliminary Development Plan") and as further
described herein, in accordance with Part II of Chapter 163, Florida Statutes, the Local
Govemment Comprehensive Planning and Land Development Regulation Act (the
"Act"), other applicable Florida Law and the Charter and Code of Ordinances of the City,
and
WHEREAS, City and Owner hereby acknowledge and warrant to the other that
this Agreement and any future acts as required hereby are binding and enforceable on
the City and Owner in accordance with their terms, and
WHEREAS, the agreement of the City to provide inducements as set forth in this
Agreement (including land use approvals) and be bound by this Agreement, as well as
the City's assurance to the Owner that this Agreement is enforceable against the City
and that the City will not seek to thwart enforcement based on any claim of invalidity,
are all material inducements to the Owner to enter into this Agreement, and the Owner
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would not voluntarily annex into the City or enter into this Agreement but for such
agreement and assurances by the City, and
WHEREAS. Owner has already made and will continue to make financial
commitments and has paid and will continue to pay substantial sums of money in
contemplation of the rezoning and redesignation of land use to develop the Property,
and
Accordingly, in consideration of mutual benefits, the public interest and other
good and valuable considerations, the receipt and sufficiency of which are hereby
acknowledged, the parties hereto agree as follows:
SECTION 1. RECITALS: EXHIBITS. The above recitations are true and
correct, are hereby incorporated herein by reference, and form a material part of this
Agreement All exhibits to this Agreement are hereby deemed a part hereof.
SECTION 2. AUTHORITY. This Agreement is entered into under the authority
of the Florida Constitution (including Article VIII, Section 2(b) thereof), the general
powers conferred upon municipalities by statute and othelWise (including Chapter 163
and 166, Florida Statutes), and the City's Charter.
SECTION 3. ANNEXATION AND COMPREHENSIVE PLAN AMENDMENT.
A. Owner filed with the City. on August 2, 1995, an Application for
Annexation of the Property, which is conditioned upon the adoption of this Agreement.
The City initiated the process to accomplish the annexation in accordance with law.
8. Owner has filed with the City on August 2, 1995 an Application for
Comprehensive Plan Amendment in order to amend the City's Future Land Use Map to
include the Property and provide for a future land use designation for the Property of
Low Density Residential. The City initiated the process to accomplish the
Comprehensive Plan Amendment in accordance with law,
SECTION 4. DEVELOPMENT OF THE PROPERlY.
A, The sizes, configurations and boundaries of the parcels and roadways
shown in the Preliminary Development Plan are for conceptual planning purposes only
and shall not bind Owner to develop the Property in strict conformity with the
Preliminary Development Plan, In the event of any conflict between the terms of this
Agreement and the Preliminary Development Plan, this Agreement shall control.
8, The classification labels and descriptions pertaining to the parcels and the
locations of the lake/conservation/retention areas shown in the Preliminary
Development Plan are approximate. The exact location and configuration of said
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lake/conservation/retention areas shall be subject to change pursuant to regulations of
the appropriate county, state and federal permitting agencies. The parties acknowledge
that portions of the lake/conservation/retention areas shown in the Preliminary
Development Plan may be identified as wetlands. Owner may use, develop or set aside
wetlands provided that the same is in compliance with all federal, state, county, water
management district and other applicable local regulations.
C. Owner hereby agrees to work with the City and other appropriate
regulatory agencies to provide reasonable protection to the habitat, vegetation and
environment of the conservation area depicted in the Preliminary Development Plan in
order to create amenities for the City and its citizens to enjoy the natural setting of the
conservation area.
0, The parties acknowledge that the parcels in the Preliminary Development
Plan are calculated in gross acres and when developed will include, as necessary,
storm water retention and detention areas, recreation and open space, streets as well
as the lake/conservation/retention areas shown in the Preliminary Development Plan,
E. As designated in the Preliminary Development Plan, the Property shall be
developed pursuant to the standards established for zoning categories consistent with
Low Density Residential Land Use on the City's Future Land Use Map. The City will
support and approve a rezoning to R-1 One-Family Dwelling District allowing residential
use consistent with the Preliminary Development Plan, this Agreement, and the City's
Comprehensive Plan and the City's Land Development Code,
F. The parties acknowledge that the Preliminary Development Plan shall be
the basis for Owner's development of the Property, subject to such modifications as
may be mutually agreed upon by the parties or are required by existing City ordinances,
The parties recognize that as the development process proceeds, it may be necessary
to amend the Preliminary Development Plan and the City's adopted land use plan either
(i) as may be mutually agreed upon by the parties; or (ii) as permitted by Section
163.3233(2), Florida Statutes; or (iii) as required by currently existing City ordinances.
The City shall do what is necessary and within its power and authority to grant and allow
development permits and approvals, including, without limitation, platting, for the orderly
development of the Property in accordance with this Agreement.
G. .Owner represents to the City that Owner shall establish a homeowners'
association to ultimately own and maintain the entranceway amenities and other
commonly owned amenities within the residential development on the Property,
H. Owner or its authorized representative shall submit to the City such
applications and other documentation and shall comply with such other procedures as
may be normally and customarily required by the City for comprehensive plan
amendments, rezoning, platting, site plans and other development approvals or permits,
Owner acknowledges and agrees that the City will not be responsible for any money
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expended by Owner if the Comprehensive Plan Amendment is not approved by the
State.
I. Except as otherwise set forth herein, all development of the Property shall
be subject to compliance with current City ordinances, and with regulations of state,
local and federal agencies.
SECTION 5. PROPERTY OWNERSHIP. Owner acknowledges and represents
to the City that Owner is the owner of the Property and that Owner is empowered to
enter into this Agreement. Owner further represents that nothing in this Agreement is
barred or prohibited by any other agreement between Owner and any governmental
agency or any third party,
SECTION 6. PROVISION OF PUBLIC FACILITIES AND SERVICES.
A. The City represents that it has sufficient water capacity and pressure to
serve the Property. The City represents to Owner that the City has a ten (10) inch water
line located approximately 1,200 feet from the western boundary of the Property at
State Road 434 and that Owner has the right to connect to such water line, All lines
and connections necessary to provide water facilities and services shall be provided
from the City's water line to the Property by Owner; provided, however, the City agrees
that at the time of development, as evidenced by issuance of a building permit, by other
developers or builders who will utilize and benefit from the water line to be installed by
Owner, the City shall require any such benefitted property owner, developer or builder
to pay to the City a pro rata share, based upon hydraulic usage (percentage of total line
capacity), of the cost of installation of such water line by Owner. Upon receipt of such
funds, the City shall deliver the same to Owner forthwith in order to reimburse Owner for
a portion of the cost of installing such water line. Owner shall, upon completion of
construction and installation of such water line, deliver to the City a statement setting
forth the cost of the construction and installation thereof. Subject to approval of FOOT,
the City represents to Owner that all necessary rights-of-way to allow installation of all
lines and connections necessary to provide water facilities and services from the City's
water line to the Property as aforesaid are available.
8, The City represents that it has sufficient sewer capacity to serve the
Property. The City represents to Owner that the City has a six (6) inch sewer line
located approximately 2,200 feet from the western boundary of the Property at State
Road 434 and that Owner has the right to connect to such sewer line, All lines and
connections to provide sanitary sewer services shall be provided from the City's sewer
line to the Property by Owner; provided, however, the City agrees that at the time of
development, as evidenced by issuance of a building permit, by other developers or
builders who will utilize and benefit from the sewer line to be installed by Owner, the
City shall require any such benefitted property owner, developer or builder to pay to the
City a pro rata share, based upon hydraulic usage (percentage of total line capacity). of
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the cost of installation of such sewer line by Owner, Upon receipt of such funds, the
City shall deliver the same to Owner forthwith in order to reimburse Owner for a portion
of the cost of installing such sewer line. Owner shall, upon completion of construction
and installation of such sewer line, deliver to the City a statement setting forth the cost
of the construction and installation thereof. Subject to approval of FDOT, the City
represents to Owner that all necessary rights-of-way to allow installation of all lines and
connections necessary to provide sewer facilities and services from the Citls sewer line
to the Property as aforesaid are available, The City will take all steps necessary to
assure that sufficient capacity to serve the Property with sanitary sewer services shall
be available when needed for development by reserving for the Property
equivalent residential units ("ERU's"). The Owner shall be required to
pay annual guaranteed revenue charges for each ERU (Water and Waste water
Equivalent Residential Unit) beginning at the time of Florida Department of
Environmental Protection construction application, and continuing annually while
issuance of a construction certificate of project infrastructure by Florida Department of
Environmental Protection. After such five (5) year period, in the event the necessary
certification from the Florida Department of Environmental Protection has not been
received, in order for Owner to thereafter maintain the reservation of sewer capacity
described herein, Owner must thereafter pay to the City the annual reservation fee for
the sewer capacity reserved by the City for the Owner's benefit as aforesaid.
C. The City hereby agrees that Owner has the right to delay payment of
water and sewer connection fees until issuance of each building permit by the City for
construction of a single family residence on the Property. The City hereby represents
that the current service availability charge for sewer is $1,890.00 and the current service
availability charge for water is $560,00, The Owner shall be required to pay the service
availability change applicable at the time said fees are assessed on a parcel or
property,
D. The parties acknowledge and agree that it is not feasible to install
reclaimed water lines in this development; accordingly, the same shall not be required,
SECTION 7. CITY CONDITIONS OF APPROVAL.
It is hereby ORDERED AND RESOLVED by the City Commission of the City of
Winter Springs\ Florida, that the property referred to as the SA TILE RIDGE
PROPERTY (hereinafter referred to as the \IProperty"), be annexed into the City,
designated on the Future Land Use Map and in the City's Comprehensive Plan as
"Lower Density Residential" and rezoned to R-1 subject to the following terms and
conditions:
A. Comprehensive Plan Amendment/Effective Date,
The effective date of this Agreement shall be the date on which the
Comprehensive Plan Amendment (LG-CPA-1-95) is approved by the City.
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This Agreement shall be recorded with the Recording Department of the
Clerk of Courts of Seminole County within ten (10) days after execution by
the Mayor of the City.
B. Development of the Property.
1 . The Property shall be developed in accordance with
Comprehensive Plan Amendment (LG-CPA-1-95) which designates
the Property City Future Land Use Map "Lower Density Residential"
(1.1 to 3.5 Dwelling Units per acre). However, the actual net
developed density shall not exceed 2.75 units per acre.
2. The property shall be developed as a residential community with
preservation of the wetlands portion of the Property in a non-
developed natural state. The uplands portion of the Property shall
be developed as a residential community in accordance with the
requirements in the City Code of Ordinances Chapter 20 Article III,
Division 4, R-1 One Family Dwelling District.
C. Wetlands.
1, Any existing wetlands or other areas which are in the jurisdiction of
the Florida Department of Environmental Protection (FDEP), St.
Johns River Water Management District (SJRWMD), or the U,S.
Army Corps of Engineers (ACOE) shall be subject to the applicable
rules and regulations of those respective agencies.
2, Following final boundary determination and platting, it is the intent
of the Owner of the Property to convey the wetlands portion of the
Property to a responsible public or private non-profit environmental
agency. Pursuant to City Code, all wetlands shall be. reasonably
acceptable to the City delineated according to FDEP, SJRWMD,
and ACOE jurisdictional lines, Wetlands shall mean those areas
established as jurisdictional by these agencies,
3. To further protect the adjacent wetlands, Developer agrees to
design its stormwater runoff and retention system for the uplands
developable portion of the project in accordance with Outstanding
Florida Water (OFW) design criteria as established by Florida
Department of Environmental Protection and the St. Johns River
Water Management District.
4, Property will be developed in a number to avoid any negative
impacts on any endangered plant or animal species,
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D. Fire and Police Public Safety Facilmes Impact Fees.
Applicants for building permits within the Property shall comply with the
City Impact Fee Ordinances, as they may from time to time be amended,
imposing impact fees for fire and police public safety facilities.
E. Transportation,
1. Applieants for building permits within the Property shall comply with
the City Road Impact Fee Ordinance, as it may from time to time be
amended, imposing impacts fees for transportation improvements.
2. The costs of all street signs and traffic control signs and devices
located within the Property, shall be borne by the Owner or
Develo~er.
3, The Owner or Developer agrees to improve the State Road 434
project entry, as part of required installations of subdivision
improvements required by the City Code on the Property, to allow
two (2) outbound and one (1) inbound entry movements,
acceleration and deceleration lanes along State Road 434.
4. The Owner will design its intemal road network to preclude
connection to adjacent properties to the east.
F, Wall.
The Owner or Developer of the Property shall install a six (6) foot masonry
wall on that portion of the Property separating any actual residential units
from the commercial properties along the north side of state Road 434.
G. Building Restrictions,
The bUilding restrictions shall be those found in the R-1 Single Family
Dwelling District, Chapter 20, Article III, Division 4 of the Code of
Ordinances of the City. They are:
1. Residential Areas:
a. Minimum lot size of residential sites within the Property shall
be six thousand (6,000) square feet with a minimum lot width
of sixty (60) feet.
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b. Building setbacks shall be:
Front: 25 feet
Side: 6,0 feet
Rear: 25 feet
Corner lots: On corner lots, the front line setback of twenty-
five (25) feet or more must be maintained, but
a fifteen (15) foot sideline setback will be
permitted on the street sideline, provided the
corner lot faces the same way as all other lots
in the block. If the building faces the long
dimension of the lot or where corner lots face a
different thoroughfare than other lots in the
block, the twenty-five (25) foot or greater
setback must be maintained from both
thoroughfares,
c. Lot coverage.
Forty (40%) percent of the lot area is the maximum which
may be covered by the principal and accessory buildings or
structures located thereon in the R-1 One Family Dwelling
District.
d. BUilding height.
No building or structure shall exceed thirty-five (35) feet in
height.
e. Residential floor area,
The minimum heated/air conditioned floor areas shall be
1,500 square feet.
f. Use, area and yard exceptions.
Section 9-276 et seq. of the City Code as to use, area and
yard exceptions in the R-1 One Family Dwelling District shall
apply,
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g, Off-street parking regulations.
Section 9-276 et seq. of the City Code as to off-street
parking regulations in R-1 One Family Dwelling District.
2, Non-residential Area.
a. The non-residential area of the Property shall comprise the
wetland areas. Following final boundary determination and
platting, it is the intent of the Owner of the Property that no
development occur within the wetland areas.
b. Following final boundary determination and platting, all
wetlands shall be delineated according to FOE?, SJRWMD,
and ACOE. Wetlands shall mean those areas established
as jurisdictional by these agencies.
3, Open space.
All areas lying outside primary and accessory buildings will be
counted toward open space requirements, including entranceways,
stormwater management areas, yards, lot landscaped areas, and
easements.
4. Development plans.
a. For the duration of this agreement, except as otherwise
provided for herein, all development plans and standards
shall meet the regulations and policies of the City in effect at
the time of execution of this Agreement.
b. Where there may be a conflict between this Agreement and
the City development regulations, this Agreement shall
prevail.
c, Developer acknowledges its obligation to develop/construct
all improvements on said property in accordance with all
applicable City codes modified pursuant to State of Florida
Statute 163.3233 and Federal laws as they may from time to
time be amended unless specifically modified herein.
d, Parks and recreation,
No on-site park or recreation facilities will be required of this
development. The developer is required to pay a fee-in-lieu
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per Policy 1 of Objective E in the Open Space and
Recreation Element of the City's Comprehensive Plan.
The fee-in-lieu will be established by the Parks and
Recreation Director.
e. Water and Sewer.
I. The City shall provide potable water service to the
Property, The Owner or Developer will pay for the
extension of trunk lines to the buildable portion of the
Property and pay other customary costs necessary or
required in connection with such service.
II. The sizing of the trunk line shall be sufficient only to
provide water service to the buildable portion of the
Property and to no other surrounding properties,
iii. The City shall provide central sanitary sewer
collection and treatment service to the Property, The
Owner or Developer will pay for the extension of trunk
lines to the buildable portion of the Property and pay
other customary costs necessary or required in
connection with such service,
iv. The sizing of the trunk line shall be sufficient only to
provide central sanitary sewer collection service to
the buildable portion of the Property and to no other
surrounding properties,
5, Homeowners Association,
A mandatory homeowners association will be formed to provide a
responsible entity to maintain all common areas.
6, The Developer shall make a good faith effort to have the retail
value of the completed homes and lots to be in the $180,000 and
higher price range.
H. The Developer shall make a good faith effort to have the Florida Audubon
Society designate this project as environmentally responsible.
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SECTION 8. PE~pD OF EFFECTIVENESS AND COj\llPlIANCe D~':.
A. This Agreement shall take effect upon City Commission approval of the
Comprehensive Plan Amendment (LG-CPA.1-95) and shall remain in
effect for a period of ten (10) years from the date of execution.
S. This Development Agreement shall be binding upon all successors in
interest to the parties of the Agreement.
C. The effective date this Agreement may be extended upon request of the
Owner or Developer and City Commission approval.
SECTION.9. LAND USE ZONING AND DEVELOPMENT REGU~TION
APPROVALS. The development of the project must comply with the conditions of the
Agreement. In the event a development requirement, permit, condition, term or
restriction is not addressed in this Agreement, the development will comply with the
zoning ordinance, subdivision regulations, and other applicable land development codes
in effect as of the adoption of this agreement.
~CTIOH-1 O. CONSISr~NCY. The City finds this Agreement and its terms and
condttions consIstent with the City's Comprehensive Plan.
iE5CTIO~ 1. REMEDIES. The developer agrees that the only remedy for the
Owner in the event the Owner asserts the City has breached this agreement is an
action for injunctive relief in the Circuit Court of Seminole County, Florida. Owner shall
have no right to monetary damages or attomey's fees in the event the City breached
this agreement.
SECTION 12. DUE DILIGENCE. The City and Owner further oovenant that they
shall immediately commence all reasonable actions necessary to fulfill their obligations
hereunder and shall diligently pursue the same throughout the existence of this
Agreement.
SECTION 13. ASSIGNMENT. The parties recognize and acknowledge that
Owner may engage one or more developers or builders, ether than Owner, to effect the
development of the Property. including the sale of all or portions of the Property to such
developers or builders. Upon recordation of this Agreement in the Public Records of
Seminole County, Florida) as hereafter provided, successor builders or developers shall
be bound by the terms hereof.
SECTION 14~SCELLANEOUS.
A. Entire Aareement This Agreement sets forth all of the covenants,
agreements and conditions between the parties hereto. and supersedes all prior and
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contemporaneous agreements, understandings, inducements or conditions, express or
implied, oral or written, except as herein contained.
B. Pronouns, All pronouns and any variations thereof shall be deemed to
refer to the masculine, feminine and neuter, singular or plural, as the identity of the party
or parties, successors or assigns may require.
C. Counterparts. This Agreement may be executed in one or more
counterparts, each of which shall be deemed an origin.al, but all of which shall together
constitute one in the same instrument.
0, Governing Law. This Agreement shall be construed in accordance with
the laws of the State of Florida,
E. Severability, If one or more provisions contained in this Agreement shall,
for any reason, be held to be invalid, illegal or unenforceable in any respect, such
invalidity, illegality or unenforceability shall not affect any other provision hereof and this
Agreement shall be construed as if such invalid, illegal or unenforceable provision had
not been contained herein.
F. Contraction. In the event the City fails to adopt an amendment to the
Future Land Use Map of the City's Comprehensive Plan and to the City's zoning map
designating the Property as described herein Of the City fails to implement any of the
conditions set forth herein, Owner shall have the right to delivE!r a notice to the City
requesting a deannexation and contraction of the Property which the City shall have the
absolute obligation to implement.
G, Notice. Any notice to be given in accordance with this Agreement shall
be in writing and shall be sent by hand delivery, overnight mail, or certified mail, return
receipt requested, to the party being noticed at the following addresses:
AS TO CITY:
City of Winter Spring::;, Florida
1126 East State Road 434
Winter Springs, Florida 32708-2799
ATTN: City Manager
COPY TO:
City of Winter Springs, Florida
1126 East State Road 434
Winter Springs, Florida 32708-2799
A TIN: City Clerk
13
FROM 407-244-5690
01-08-98 04:27 PM
P14
JAl'j-08-1998 15: 37
GRAY HARR I 5 ROB I 1'1501'1 PA
407 244 5690 P.l5/I6
COpy TO:
Carl Frischkorn, President
Battle Ridge Companies, Inc.
1000 River East Drivf~
Belle, West Virginia 25015
Frederick W. Leonhardt, Esq.
Gray, Harris & Robinson, P.A.
201 East Pine Street
Suite 1200
Orlando, Florida 32802-3068
AS TO OWNER:
SECTION 15. DEVELOPMENT RIGHTS. Owner shall have the right to use and
develop the Property as described in this Agreement. Furthermore, Owner does not
waive any right to use or develop the Property arising under the common law or the
laws of the State of Florida.
This agreement is subject to provisions of Florida Statute 163.3235, and 163.3241
providing for periodic review, and modification or revocation elf a development
agreement to comply with subsequently enacted state and federal law. The
Development Agreement is also subject to Florida Statute 163,3233 regarding the local
laws and policies governing a development agreement.
ADOPTED by the City of Winter Springs this _ day of
,1998.
IN WITNESS WHEREOF, the Developer and the City have executed this Development
Agreement as of the day and year approved and accepted by the City.
BATTLE RIDGE COMPANIES, INC.
By:
14
FROM 407-244-5690
01-08-98 04:27 PM
P 15
JAi'1-0S-19'3S 15: 37
GRAY- HARR I 5 ROB I NSOi'l PA
407 244 56'30 P.16/16
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this _ day of
, 199_, by who is personally known to me or
produced as identification.
Signature of Notary Public
AFFIX NOTARY STAMP
(Print Notary Name)
My Commission' Expires:
Commission No.:
o Personally known, or
o Produced Identification
Type of Identification Produced
CITY OF WINTER SPRINGS, FLORIDA
PAULP.PARTYKA,MAYOR
CITY CLERK
STATE OF FLORIDA
COUNTY OF SEMINOLE
The foregoing instrument was acknowledged before me this _ day of
t 199_, by who is personally known to me or
produced as identification.
Signature of Notary Public
(Print Notary Name)
My Commission Expires:
Commission No,:
o Personally known, or
o Produced Identification
Type of Identification Produced
AFFIX NOTARY STAMP
F,\USR\OKELLY\DEV1.AGT
15
FROM 407-244-5690
0[-08-98 04:27 PM
TOTAL P, 16
P 16