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HomeMy WebLinkAbout1999 12 13 Public Hearings Item C COMMISSION AGENDA ITEM C Consent Informational Pu bUe Hearing X Regular December 13. 1999 Meeting Mh ~t. Authorization REQUEST: The Community Development Department requests the Commission consider a third reading of Ordinance 707 adopting the proposed Town Center District boundary and Town Center District Code. PURPOSE: The purpose of this agenda item is to request the Commission consider a third reading Of Ordinance 707 adopting the proposed Town Center District boundary and Town Center District Code. The Code will function as the zoning regulation for the new zoning district. APPLICABLE LAW AND PUBLIC POLICY: The provisions of 163.3167(1I)F.S. which states "Each local government is encouraged to articulate a vision of the future physical appearance and qualities of its community as a component of its local comprehensive plan. The vision should be developed through a collaborative planning process with meaningful public participation and shall be adopted by the governing body of the jurisdiction." CDDlDecember 2, 1999/8:09 AM DECEMBER 13, 1999 PUBLIC HEARING AGENDA ITEM C Page 2 Policy 3c. under Objective A of the traffic Circulation Element of the City's Comprehensive Plan which calls for the creation of a "Town Center" to serve as a primary civic, business and service focus for the City". In 1995, the City Commission approved the preparation of a S.R. 434 Corridor Vision Plan that would include a "Town Center". CONSIDERATIONS: . The City Commission at its June 9, 1997 meeting adopted Ordinance 661 creating a "Town Center" Overlay Zoning District. (Ordinance 707 would replace Ordinance 661). . The City Commission at its September 8, 1997 meeting adopted Ordinance 676 instituting the Town Center Overlay Zoning District regulations (Design Guidelines). The Schrimsher land holdings were excluded pending the execution of a development agreement. (Ordinance 707 would replace Ordinance 676). . On January 12, 1998 the City Commission voted to authorize the City Manager to enter into a contract with Dover, Kohl & Partners to prepare a Town Center Concept and a design code to implement the plan. . Letters were sent to the various property owners within the proposed Town Center District boundary inviting them to attend the various workshops and presentations to the Commission. Notices were sent to the Orlando Sentinel notifying the public about the various workshops and presentations to the Commission. . Various public workshops and presentations with the City Commission were held in February and March, 1998. On February 11th, Dover, Kohl and Partners conducted a "Kick Off' presentation at City Hall, followed by two workshops "Preliminary Concepts" on February 17ili and "Work in Progress" on February 20ili. On March 23rd, Dover, Kohl & Partners presented the final concept plan for the Town Center to the Commission. The Commission approved the concept plan and directed the consultants to proceed with Step II of the contract, which was to prepare a "prescriptive graphic code". The major property owners and many residents were in attendance at these functions. . City Staff has reviewed several drafts of the prescriptive graphic code known as the "Town Center District Code" and has recommended certain changes. CDD/December 2, 1999/8:09 AM DECEMBER 13, 1999 PUBLIC HEARING AGENDA ITEM C Page 3 . In October, Dover, Kohl & Partners presented their final draft of the Town Center District Code to City Staff, incorporating City Staff's requested changes. . At its November 4, 1998 meeting, the Planning and Zoning Board recommended the City Commission approve the Town Center District Code with the suggestion that "permitted uses' be defined and the Commission give consideration to the property owners request for additional time. . The City Commission at it's November 9, 1998 meeting, tabled consideration of the first reading of Ordinance 707 to consider adopting the proposed Town Center District boundary and Town Center District Code until the December 14, 1998 meeting. The Commission again tabled consideration of the first reading of Ordinance 707, December 14, 1998, January 11, 1999, January 25, 1999, February 8,1999 and on February 22, 1999 to allow the consultant and staff to meet with property owners to discuss proposed changes. Workshops to discuss the suggested changes were held January 13, 1999, February 11, 1999 and March 1, 1999. . A first reading of Ordinance 707 was approved on March 8, 1999. The second reading was deferred on August 23, 1999 until September 13, 1999. On September 13, 1999 a second reading was again deferred until October 11, 1999. . The second reading was approved on October 11, 1999 and a third reading is scheduled for October 25, 1999. The October 25, 1999 third reading was deferred until November 8, 1999. The November 8, 1999 third reading was deferred until December 13, 1999. . On November 8, 1998, the Commission authorized the City Manager to enter into a contract with Dover, Kohl & Partners to update the Town Center. . The proposed Town Center requires a large scale comprehensive plan amendment change to the Future Land Use Map redesignating certain areas "Town Center". The large scale comprehensive plan amendment is in progress. FUNDING: The City is paying for various consultant services related to the development and implementation of a Town Center Concept Plan from the Community Development Department budget. CDDlDecember 2, 199918:09 AM DECEMBER 13,1999 PUBLIC HEARING AGENDA ITEM C Page 4 LOCAL PLANNING AGENCY RECOMMENDATION: At it's December 2, 1998 meeting, the Planning & Zoning Board adopted the following motion: I (Bill Fernandez) make a motion that we recommend approval of these Town Center District Design Codes to the City Commission, based on the findings that our local government should articulate a vision of the future physical appearance and quality in this community, that we have received meaningful public participation at various meetings, that we do need to have an identified Town Center. I will further indicate or add to that, that just as the Town Center overlay zoning district regulations of September 8, 1997, Ordinance 676, was made inapplicable to the Schrimsher property until such time as a development agreement was developed, that in this particular case that I would recommend that the City Commission make this Town Center District Code inapplicable to the Schrimsher property as well as the gentleman's property in the descriptions here, the Spring Land Investment, Ltd. and Jessup Shores, Ltd. EuroAmerican Investors group represented by Sunbelt Investors Group, Mr. A.c. Leerdam, that it be inapplicable until such time as a developer's agreement is negotiated with those parties, and or the property is purchased by a master developer. I would note for the record, that since we are acting in our capacity as the Local Planning Agency on a broad scale as opposed to one single parcel, that we do not need to make the detailed findings of fact that are required when we are dealing with a very small parcel of property. Although I have included in my motion general findings of fact, including the presentation of all those who have come forward and spoken this evening including Mr. Schrimsher and Mr. Leerdam as well as Mr. Michael Grindstaff, that's my motion. Seconded by Roseanne Karr. Vote all aye. STAFF RECOMMENDATION: Staff recommends the Commission approve the third reading of Ordinance 707 establishing the Town Center District Code and Town Center District Boundary. ATTACHMENTS: A. Page 2 of the Town Center District Code (revised October 15, 1999). B. Ordinance 707 COMMISSION ACTION: CDDlDecember 2, 199918:09 AM Oct-15-99 02:08P Dover, I<ohl & Partnel-S II. Administration ') TowN CENTER - -..:. ::.. -- ~ T ) Interpretation of the standards in this code shall be the responsibility of the City's Development Review Committee (DRC). The "In Our Generation" Illustrative Buildout Drawing on p.1 0 in this Code and on p.6 in the adopted masterplan shall serve as guidance to the Development Review Committee with regard to the City's intent for land development in the town center. The images contained in this code are meant to demonstrate the character intended for the Town Center, but are for illustrative purposes only. The accompanying text and numbers are rules that govern pemitted development. B. Review Process Applications are subject to review by the Development Review Committee. The Committee shall have authority within reason for approving all aspects of site planning and exterior architecture, including aesthetic appropriateness, environmental implications. trallic impacts, and any other site-speci fie matters not delineated herein. )" Optional Preliminary Review: Applicants may. at their option, submit designs in schematic or sketch forn1 to the Development Review Committee for preliminary approval, subjt:CI 10 funher review. 305 666 0360 P.02 I A. Town Center District Boundary Map I , -- District Boundary , - - County Enclaves (not in city) i <Q -fe J eJ' qp \ '-- '. \.1- t Applicants shall submit the following items to the Land Development Division of the Department of Community Development for review: I. A current Site Survey, no more than I year old. 2. A current Tree Survey, no more than 1 year old. 3. A Site Plan, drawn to scale. which ~hall indicate: a. Building locations and orientations. and landscape areas; b. Parking locations and number of spaces: c. Paved surfaces, materials and location(s); d. Site location diagram & legal description; and e. Signage. 4. Building Elevations illustrating all sides of structures facing public streets or spaces. 5, A parking analysis justif)ing the proposed parking solution (such as Shared Parl:ing, by Barton Aschrnan Associates, The Urban Land Institute). 6. Other reasonable supporting documents to indicate intentions and/or any other items reasonably required by the Development Review Committee. 0.,..,,,:, ,,,. Town Center Dislrict Code Page 2 ') J ORDINANCE NO. 707 AN ORDINANCE OF TIffi CITY COMMISSION OF TIffi CITY OF WlN1ER SPRJNGS, FLORIDA ESTABLISHING TIffi "TOWN CENTER" ZONING DISTRlCT CODE TO BECOME PART OF CHAPTER 20 OF TIlE CODE OF ORDINANCES OF TIlE CITY OF WlN1ER SPRillGS; PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DAlE. ) j WHEREAS, 163.3167(11), Florida Statutes, encourages local governments to articulated a vision of the future physical appearance and qualities of its community. . ."; - WHEREAS, the City, ill accordance with 163.3167(11) F.S. has developed a collaborative planning process with meaningful public participation in the development of the concept and design code for the Town Center Zoning District; WHEREAS, tl1e Planning and Zoning Board/Local Planning Agency has ) r reviewed the concept and design code for the Town Center Zoning District and has !"e:COI1111 11:':11 c!cc!to 111c City CornrnissiOll ,-lclOpliol1 of sallie:; " ') NOW. THElliTOf(E. BE IT ORDAINED lJ1cH the City Comm.ission of the City of Winter Springs, Florida, hereby <:lclopts tile Town Center (Zoning) District Code and establishes tile Town Center District boundaries which will to become part of Chapter 20 of the Code of Ordinances of the City of Winter Springs. The Town Center District boundaries are as illustrated on the map below: ) , - -.= ::.. -- ~ ". TOWN CE~JTER I A. Town Center District Boundary Mapl . -- District Boundary : - - COUllty Enclaves (notin city) : T \ " -...... \. ~- - :)....; " '.," \ , J SECTION I REPEAL. 1l:lls docwnent repeals the Town Center Overlay Zoning District Regulations of September 8, 1997 (Ordinance 676). Should any conflict arise between the provisions of this Code and other local land development regulations for the city of Winter Springs, the provisions of this Code shall apply. SECTION II SEVERABILITY. If any provision or portion of this Ordinance is declared by any court of ~ I j competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this Ordinance shall remain in full force and effect. SECTION ill EFFECTIVE DATE. Ibis Ordinance shall immediately take effect upon adoption, with a quorwn present and voting, by the City Commission of the City of Winter Springs, Florida, this _ day of ,1999. } PAUL P. PARTYKA, MAYOR ClTY OF WlNTER SPRINGS '. . l / ) f ) ./ AITEST: ANDREA LORENZO-LUACES CITY CLERK FIRST READlNG POSTED SECOND READlNG AND PUBLIC HEARlNG Date: 12/13/1999 This was distributed at the 12/13/1999 Meeting, during Public Hearings "C" \ . , II Prepared by: Return to: ,\'\.o.(V DRAFT 12/13/1999 AGREEMENT An Agreement made and entered into this _ day of _, 1999 by and among Schrimsher Land Fund 1986 - II, LTD., Schrimsher Land Fund V, LTD, and Schrimsher Land Fund VI, LTD, herein referred to as "Schrimsher" and the City of Winter Springs, a municipal corporation existing under the laws of the State of Florida herein referred to as "City". - RECITALS 1. WHEREAS, Section 163.3167, Florida Statutes provides that each local government is encouraged to articulate a vision of the future physical appearance and qualities of its community as a component of the local comprehensive plan through a collaborative planning process with meaningful public participation, and 2. WHEREAS, the City completed a comprehensive planning study, with extensive public participation from local residents and local, county, and state officials, which resulted in the adoption of the Winter Springs Town Center Plan, and 3 . WHEREAS, Schrimsher owns approximately 125 acres of land located within the boundaries of the City of Winter Springs Town Center , and 4 . WHEREAS, Schrimsher and City desire to memorialize their understandings and agreement regarding their respective interests, expectations, and intentions contained in this Agreement regarding the Town Center. NOW T.H.KKEFORE in consideration of the terms and condition set forth in this Agreement, and other good and valuable consideration, the receipt of which is hereby acknowledged 'by the parties, the City and Schrimsher agree to the following: I . Incorporation of Recitals. The foregoing recitals are true and correct and are hereby fully incorporated herein by this reference as a material part of this Agreement. Page 1 of 13 ll. Def"mitions. Unless' the context clearly indicates otherwise, the following words and phrases when used in this Agreement shall have the meaning ascribed below: a) "City" shall mean the City of Winter Springs, a Florida municipal corporation. b) "East Market Square Parcel" shall mean that portion of Schrimsher Property more particularly described in the boundary map attached hereto as Exhibit "F" which is hereby fully incorporated herein by this reference. c) "Rustic Residential Property" shall mean the real property owned by Schrimsher whiCh currently has a rustic residential future land use designation, as more particularly described in attached Exhibit "B" which is hereby fully incorporated herein by this reference. d) "Schrimsher" shall mean Schrimsher Land Fund 1986 - II, L TD., Schrimsher Land Fund V, L TD, and Schrimsher Land Fund VI,. L TD, collectively and individually. e) "Schrimsher Property" shall mean the real property owned by Schrimsher and located in the Town Center District, as more particularly described in Exhibit" A" which is hereby fully incorporated herein by this reference. f) "Spine Road" shall mean the proposed collector road traversing Schrimsher Property and running from State Road 434 to Tuskawilla Road. Said road shall also run adjacent to Wetland Park as a single-loaded road. Spine Road is more particularly depicted in the sketch attached hereto as. Exhibit "G" which is hereby fully incorporated herein by this reference. g) "Town Center Plan" shall mean the sketch concept plan entitled "Winter Springs. Town Center Master Plan", prepared by Dover, Kohl & Partners, dated November, 1999, a copy of which is attached hereto as Exhibit "c" and hereby fully incorporated herein by this reference. h) "Town Center District" shall mean the town center area located in the City of Winter Springs that is depicted in the attached Exhibit "E" which is hereby fully incorporated herein by this reference. i) "Town Center District Code" shall mean the town center zoning district code adopted by the City Commission of Winter Springs on , as may be amended from time to time, which is attached hereto as Exhibit "D" and hereby fully incorporated herein by this reference.. Page 2 of 13 ID. Trail Realienment. A ponion of the Schrimsher Property is presently encumbered by the former CSX railroad line now owned by the Board of Trustees of the Internal Improvement Fund of the State of Florida and which is intended to be improved and converted to a public nature and recreational trail ("Cross Seminole Trail"). To enhance the location of the Cross Seminole Trail, for trail uses and to incorporate the Cross Seminole Trail into the Town Center, as well as accommodate a more orderly development of the Schrimsher Property, the City and Schrimsher agree as follows: a) For purposes of realigning the Cross Seminole Trail in accordance with the Town Center Plan, Schrimsher agrees to donate property located within the boundaries of the Town Center to the State of Florida in accordance with rules and procedures of the Florida Office of Greenways and Trails. b) City agrees at its expense to design, pennit, consUUct and maintain that portion of the Cross Seminole Trail located on the property which is donated by Schrimsher. c) City and Schrimsher agree to cooperate with each other, Seminole County, the Florida Department of Enviromnental Protection and all other necessary governmental agencies and interest groups to effectuate the Cross Seminole Trail realigmnent on Schrimsher Property. IV. Public Lands. a) Prior to the effective date of this Agreement, City and Schrimsher have cooperated in the filing 'of a grant application to the State of Florida for purposes of obtaining grant.funds to allow the State of Florida to purchase, from Schrimsher, Magnolia Park and Wetland Park which are depicted on the Town Center Plan. City' and Schrimsher shall continue to cooperate to obtain said grant funds and if grant funds are obtained, Schrimsher and City agree that said funds shall be expended in a manner mutually acceptable to both panies to benefit Schrimsher Property and the Town Center District (e.g. Magnolia and Wetland Park and Cross Seminole Trail improvements). However, in the event the application is denied or the grant funds are no longer available, Schrimsher agrees, at such time_the City obtains all permits necessary to construct, install, and extend the sewer and water facilities to the Schrimsher Property as required in this Article IV, to convey to the City fee simple title to Magnolia Park and Wetland Park. b) Unless otherwise agreed to in writing by the parties, . Schrimsher agrees. to convey to the City all parks, open spaces, green spaces, rights of ways and easements, and improvements to rights of ways and easements provided for in the Town Center District Code and located on Schrimsher Property, as depicted and described in Exhibit "H". Conveyances shall occur at such time, and as part of, a City approved Schrimsher development, except Magnolia Park and Wetland Park which shall be conveyed pursuant to paragraph (a) above. Page 3 of 13 c) Schrimsher shall not make any claims for extraordinary excess development costs for single-loaded roads traversing Schrimsher Property in accordance with this Agreement and the Town Center District Plan. d) In consideration of Schrimsher not making any claims for single loaded roads and conveying to the City all park lands, open spaces and green spaces, rights of ways, easements, and improvements to said rights of ways and easements described herein, the City, at its expense, agrees to do the following: (1) Within eighteen months from the effective date of this Agreement, extend (Le., "stub in") City water and sewer facilities to the boundaries of Schrimsher Property in sufficient capacity to reasonably accommodate and guarantee the level of service capacity required for the Town Center and Schrimsher Property. The City shall not be required to extend either sewer or water facilities into the interior portion of the Schrimsher property unless agreed upon in future written developer agreements or as provided herein for Spine Road. (2) Acquire a Master Stormwater Management Permit from the St. 10hn's Water Management District for the Town Center and expedite to the fullest extent possible stormwater permitting within the Town Center and Schrimsher Property. City agrees that Schrimsher's engineers (who shall be qualified and experienced in stormwater engineering and permitting) will be able to provide input into the design and permitting process for the Master Stormwater Management Permit and that any and all applications and/or submittals to the St. John's Water Management District that may affect Schrimsher Property will be subject to reasonable and timely review and approval by Schrimsher's engineers. Schrimsher's engineers shall complete said review pursuant to the City's reasonable time schedule and shall not unreasonably withhold said approval. 3) Designate Spine Road a City collector road and process an amendment to the City's Comprehensive Plan, Traffic Circulation Element, to so designate. City. agrees, at its expense, to begin designing, engineering, and permitting Spine Road upon the effective date of this Agreement and to commence construction of Spine Road within two (2) years from said effective date. Schrimsher agrees that City shall have the right of entry and ingress and egress to and from Schrimsher Property for purposes of designing, engineering, permitting, and surveying Spine Road. However, if Schrimsher desires to construct Spine Road (including pavement, curbs and gutters, and stormwater facilities) in accordance with the Town Center District Code, prior to the City's schedule for said construction provided herein, Schrimsher may design, engineer, permit, survey, and construct Spine Road at Schrimsher's expense. Pursuant to City Ordinance No. _, Schrimsher shall then be eligible for transportation impact fee credits to be accrued for Schrimsher's construction of the Spine Road. Accrued credits shall be applied to the development of Schrimsher Property. Regardless of which party constructs Spine Road, the City, at its expense, agrees to design, permit, and construct water and sewer utilities Page 4 of 13 for Spine Road required for the Town Center and Schrimsher Property. Schrimsher shall convey Spine Road to the City at such time the City has obtained all necessary permits for the City to construct Spine Road or Schrimsher has completed construction of Spine Road, whichever occurs first. 4) Design, permit and construct improvements on that portion of Tuskawilla Road described as Main Street on the Town Center Plan and located from State Road 434 to Magnolia Park. Said improvements shall be consistent with the Town Center District Code. Schrimsher agrees to donate and convey to the City the right-of-way needed by the City to .expand Main Street to eighty-two feet in width in accordance with the Town Center District Code. The conveyance shall occur at such time as the CitY has obtained all permits necessary to construct the Tuskawilla Road improvements. Because Schrimsher only owns property on one side of that portion of Tuskawilla Road, Schrimsher shall on.ly be required to convey the one-half of the needed roadway which is located on Schrimsher's side of Tuskawilla Road. Notwithstanding the aforesaid, if Schrimsher desires to improve Tuskawilla Road in accordance with the Town Center District Code, prior to the City's schedule for making said improvements, Schrimsher may design, permit, and construct said improvements at Schrimsher's expense and the conveyance shall occur at such time Schrimsher has completed construction of said improvements. Pursuant to City Ordinance No. _, Schrimsher shall then be eligible for transportation impact fee credits to be accrued for Schrimsher's construction of the Tuskawilla Road improvements. v. Inclusion of Property in Town Center District. Schrimsher consents to the inclusion of the Schrimsher Property into the Town Center District subject to the terms and conditions thereof. VI. Adoption of Town Center District Code. Schrimsher hereby consents to the adoption of the Town Center District Code and its applicability to the Schrimsher Property subject to the terms and conditions hereof. vu. Future Land Use Change. Schrimsher and the City 'acknowledge that the future land use designation for the Schrimsher Property shall be Town Center at such time said designation is approved by the City. Specifically, and without limitation, the parties intend for the future land use designation under the City I S Comprehensive Plan to be amended to accommodate the Town Center District Code and to correct the future land use designation of the Rustic Residential Property (to Town Center) which was inadvertently previously changed by City from commercial to "rustic residential". The City shall immediately administratively initiate and diligently process through completion said comprehensive plan amendments and also effecruate any administrative rezoning necessary to implement the foregoing land Page 5 of 13 use change. VllI. East Market Square Parcel. Provided that the site and building plan are consistent with the City Code and Town Center District Code, the City agrees and acknowledges that the East Market Plaza Parcel will be allowed to have: (i) a grocery store anchor building consisting of approximately 45,000 retail square feet; (ii) up to 45,000 square feet of additional retail square feet; and (iii) a parking ratio of up to five (5) spaces per 1,000 retail square feet. IX. Retention Ponds. The retention ponds depicted on the Town Center Plan are meant to be conceptual and do not necessarily indicate the actual location of retention ponds that may be required as part of a development project. As part of all Schrimsher development projects on Schrimsher Property, Schrimsher agrees to provide retention ponds in accordance with local, state, and federal law and sound engineering practices. x. St. Johns Landing. Schrimsher agrees to provide appropriate buffering consistent with the City Code along the northern boundary of the Schrimsher Property adjacent to the St. John's Landing Subdivision. Said buffering may include a retention pond. XI. Wetland Delineation of Wetland Park. The parties acknowledge that Schrimsher has caused St. John's River Water Management District and the U.S. Army Corp of Engineers to delineate the jurisdictional wetland boundaries of Wetland Park. Upon execution of this Agreement, the City agrees, at its expense, to use the aforesaid wetland delineation to amend the wetland boundary contained on page 11 of the Town Center District Code to accordingly reflect said wetland delineation. xu. Urban Boulevard Traffic Signal. In conjunction with the construction of the Urban Boulevard north or south of State Road 434 (as part of Spine Road), the City will cooperate with the Florida Department of Transportation in any proposal to install a traffic light at the intersection of Urban Boulevard and State Road 434 or to install a median break between State Road 434 approximately midway between the intersection at Tuskawilla Road and the Urban Boulevard. XllI. Connection to Tuskawilla Road. The City agrees to cooperate with Schrimsher to allow Schrimsher to design, permit, and construct a road along the existing right-of-way behind the "Mobil Service Station" currently on the corner of State Road 434 and Tuskawilla Road, which mayor may not be designed to connect Tuskawilla Road with a frontage road south of State Road 434. However, the design, permitting, and construction of said road shall be consistent with the City Code, subject to site plan review and approval by the City, and at Schrimsher's sole cost and expense. XIV. Duration. This Agreement shall be for a term of ten (10) years in duration, Page 6 of 13 which may be extended thereafter by mutual written agreement of the parties. xv. Periodic Review. This Agreement shall be subject to periodic review by the parties. Periodically, City and Schrimsher agree to cooperate and meet in good faith to discuss the progress made under this Agreement and whether any amendments should be made to this Agreement in furtherance of each others mutual interests. Additionally, during said review, the parties may discuss proposing amendments to the Town Center District Code which may be needed to promote .the public's interest in creating an economically viable Town Center. XVI. Cooperation. Schrimsher and the City shall cooperate fully with each other to effectuate the terms, conditions and intentions of this Agreement. XVIT. Authority. Each party hereby represents and warrants to the other that they have full power and authority to enter into this Agreement. Schrimsher also represents that all legal and equitable title to .the Schrimsher Property is currently vested in and held by Schrimsher and Schrimsher is duly authorized to bind the Schrimsher Property to the terms and conditions contained in this Agreement. City also represents that all requirements and procedures, including public hearings, have been properly conducted so that the execution hereof by the City shall constitute the final action of the City. XVIll. Notices. Any notice required or allowed to be delivered hereunder shall be in writing and shall be deemed to be delivered. when: (a) hand delivered to the official hereinafter designated, or (b) upon receipt of such notice, when deposited in the United States mail, postage prepaid, certified or registered mail, return receipt requested, or (c) one day after deposit with a nationally recognized overnight courier service, e.g. Federal Express, Purolator, Airborne, Express Mail etc., addressed to a party at the other address as specified below or from time to time by written notice to the other party delivered in accordance herewith. Schrimsher: Schrimsher Land Fund 1986 - II, III, V & VI, Ltd. c/o Michael A. Schrimsher Schrimsher Properties 600 E. Colonial Drive, Suite 100 Orlando, Florida 32803 Phone: 407/423/7600 Fax: 407/648/9230 Page 7 of 13 With Copy to: City: With Copy to: XIX. Michael J. Grindstaff, Esquire Shutts & Bowen LLP 20 N. Orange Avenue, Suite 1000 Orlando, Florida 32801 Phone: 407/423/3200 Fax: 407/425/8316 City of Winter Springs 1126 East State Road 434 Winter Springs, Florida 32708 Telephone: 407/327/5957 Fax: 407/327/4753 Anthony A. Garganese City Attorney of Winter Springs Amari & Theriac, P.A. 96 Willard Street, Suite 302 Cocoa, Florida 32922 Phone: (407) 639-1320 Fax: (407) 639-6690 Defaults. Failure by either party to perform each and every one of its obligations hereunder shall constitute a default, entitling the nondefaulting party to pursue whatever remedies are available to it under Florida law or equity including, vli~out limitation, an action for specific performance and/or injunctive relief. The prevailing party in any litigation arising under this Agreement shall be entitled to recover its reasonable attorney's fees and costs, whether incurred at trial or appeal. xx. Successors and Assigns. This Agreement shall automatically be binding upon and shall inure to the benefit of the successors and assigns of each of the parties. XXI. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Page 8 of 13 XXll. Amendments. This Agreement shall not be mod,ified or amended except by written agreement duly executed by both parties hereto. XXllI. Entire Agreement. This Agreement supersedes any other agreement, oral or written, and contains the entire agreement between the City and Schrimsher as to the subject matter hereof. XXIV . Severability. If any provision of this Agreement shall be held to be invalid or unenforceable to any extent by a coun of competent jurisdiction, the ~e shall not effect in any respect the validity or enforceability of the remainder of this Agreement. xxv. Effective Date. This Agreement shall become effective upon approval by the City Commission of Winter Springs and execution of this Agreement by both parties. XXVI. Recordation. This Agreement and any amendments thereto shall be recorded in the public records of Seminole County, Florida and shall run with the Schrimsher Property. XXVll. Relationship of the Parties. The relationship of the parties to this Agreement is contracwal and Schrimsher is an independent contractor and not an agent of the City. Nothing herein shall be deemed to create a joint venwre or principal-agent relationship between the parties, and neither party is authorized to, nor shall either party act toward third persons or the public in any manner which would indicate any such relationship with the other. XXVIII. Miscellaneous Declarations. The parties agree 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. The parties further agree 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. Page 9 of 13 XXIX. Sovereign Immunity. Nothing contained in this 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 and federal law. xxx. City's Police Power. The City hereby reserves all police powers granted to the City by law. 'In no way shall this Agreement be construed as the City bargaining away or surrendering its police powers. XXXI. Force Majeure. The parties agree that in the event that the failure by a party to acco~plish 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 event or condition beyond the control of such party, including, but not limited to, acts of God, acts of government authority, 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 Agreement to the contrary, that failure shall not 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. XXXII. Interpretation. The parties hereby agree and acknowledge that they have both participated equally in the drafting of this Agreement and no party shall be favored or disfavored regarding the interpretation of this Agreement in the event of a'dispute between the parties. XXXIII. Permits. The failure of this Agreement to address any particular City, county, state, and federal pennit, condition, tenn, or restriction shall not relieve Schrimsher of the necessity of complying with the law governing said permitting requirements, conditions, term, or restriction. XXXIV . Third Party Rights. This Agreement is not a third party beneficiary contract and shall not in any way whatsoever create any rights on behalf of any third party. Page 10 of 13 xxxv . Counterparts. This Agreement may be executed' in any number of counterparts, each of which when so executed and delivered shall be considered an original agreement; but such counterparts shall together constitute but one and the same instrument. IN WITNESS WHEREOF, Schrimsher arid the City have executed this Agreement in form sufficient to bind them as of the day and year first above written. "SCHRIMSHER" SHCRIMSHER LAND FUND 1986-11 LTD., a Florida limited partnership WITNESSES: By: Schrimsher Management, A Florida General Partnership By: Michael A. Schrimsher General Partner Print Name: Print Name: SCHRIM:SHER LAND FUND V, LTD., Florida Limited Partnership By: Michael A. Schrimsher General Partner Print Name: Print Name: Page 11 of 13 SCHRlMSHER LAND FUND VI, LTD., A Limited Partnership By: Michael A. Schrimsher General Partner Print Name: Print Name: CITY OF WINTER SPRINGS, A Florida Municipal Corporation WITNESSES: By: Print name: Print name: Page 12 of 13 EXHIBIT LIST Exhibit Content A Legal description of Schrimsher property B Legal description of rustic residential property C Town Center Plan D Town Center District Code E Town Center District F East Market Square parcel G . Spine Road (alk/a collector road) H Other Schrimsher conveyances within Town Center to be conveyed at development permit stage (e.g., misc. parks and roads) R:lMuoicipalIWinlerSpingo\Scbrimsbcr A&=m<m. wpd Page 13 of 13 DEDICATIONS TO CITY ACRES VALUE 0.24 $49,500 0.22 $45,400 0.44 $36,300 O. 14 $11,600 0.45 $37,100 0.40 $82,500 0.70 $71,700 0.79 $162,700 0.85 $175,400 0.15 $31,000 4.38 $703,200 Parks - Miscellaneous Magnolia Park Magnolia Park Exp. Trail Entry Park A B C o E F G H I J Wetland Park Uplands T 3.86 $318,500 Wetlands T 19.50 $97,500 23.36 $416,000 Tuskawilla Road RfW 0.22 $45,400 SUBTOTAL 27.96 $1,164,600 Trail Relocation To State from Schrimsher Paved Trail Portion 5.10 $420,800 Unpaved Trail Portion 4.10 $846,000 9.20 $1,266,800 To Schrimsher from State (4.60) ($833,000) SUBTOTAL 4.60 $433,800 TOTAL 32.56 $1,598,400 DEDICATIONS TO SCHRIMSHER Tuskawilla Road Improvements $407,300 Collector Road Improvements $1,151,000 Collector Road Utilities $250,000 Offsite Utilities $1,100,000 SUBTOTAL $2,908,300 TOTAL $2,908,300 INET TO DEVELOPER $1,309,9001 DEDICATIONS TO CITY ACRES VALUE 0.24 $49,500 0.22 $45,400 0.44 $36,300 O. 14 $11,600 0.45 $37,100 0.40 $82,500 0.70 $71,700 0.79 $162,700 0.85 $175,400 0.15 $31,000 4.38 $703,200 Parks - Miscellaneous Magnolia Park Magnolia Park Exp. Trail Entry Park A 8 C o E F G H I J Wetland Park Uplands T 3.86 $318,500 Wetlands T 19.50 $97,500 23.36 $416,000 Tuskawilla Road RIW 0.22 $45,400 SUBTOTAL 27.96 $1,164,600 Trail Relocation To State from Schrimsher Paved Trail Portion 5.10 $420,800 Unpaved Trail Portion 4.10 $846,000 9.20 $1,266,800 To Schrimsher from State (4.60) ($833,000) SUBTOTAL 4.60 $433,800 TOTAL 32.56 $1,598,400 DEDICATIONS TO SCHRIMSHER Tuskawilla Road Improvements $407,300 Collector Road Improvements $1,151,000 Collector Road Utilities $250,000 Offsite Utilities $1,100,000 SUBTOTAL $2,908,300 Amenities Unpaved Trail Paved Trail Magnolia Park Trailhead Parks Improvements SUBTOTAL TOTAL $100,000 $150,000 $350,000 $150,000 $750,000 $3,658,300 INET TO DEVELOPER $2,059,900 I 12/13199