HomeMy WebLinkAbout1986 04 21 Special
IN THE DISTRICT COURT OF APPEAL
FIFTH DISTRICT, STATE OF FLORIDA
CASE NO. 86-350
,
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THE CITY OF WINTER SPRINGS,
FLORIDA,
Appellant,
vs.
IMARA CONSTRUCTION COMPANY,
a Florida corporation, and
WOODSTREAM DEVELOPMENT
COMPANY,
...J.
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Appellees.
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SE'rl'LEMEN'l' AGREEMENT
Agreement made this
day of April, 1986, by and between
IMARA CONSTRUCTION COMPANY,
WOODSTREAM
DEVELOPMENT COMPANY
(Plaintiffs) and THE CITY OF WINTER SPRINGS, FLORIDA (Defendant).
WIT N E SSE T H:
WHEREAS, Defendant has appealed to the Fifth District Court
of Appeal the Final Judgment entered by the Seminole County
Circuit Court in Plaintiffs' favor on January 23, 1986 in Case
No. 84-3095-CA-17-E; and
WHEREAS, Plaintiffs and Defendant are desirous of resolving
the dispute without further litigation.
NOW, THEREFORE, in consideration of the sum of TEN DOLLARS
($10.00) in hand paid, the receipt and SUfficiency of which is
hereby acknowledged, and the mutual covenants expressed herein,
the parties hereto agree as follows:
1. Plaintiff, IMARA CONSTRUCTION COMPANY, agrees to modify
its final development plan (site plan) for Fairways Club as
follows:
a. The total number of condominium units to be
constructed will be reduced from 220 to 210 units. The second
story of the condominium units marked in red on the attached
plan, consisting of 10 units in total, will be eliminated.
b.
An
additional
entrance
and
exit
will be
constructed from and to Greenbriar Road at a location acceptable
to the City.
IF the City so chooses, ingress to Fairways Club
will be from Northern Way only, with egress only to Greenbriar
Road, following completion of construction of the first 105
condominium units.
c. Fairways Club will be separated from Fairway Oaks
to the east by a four foot high brick wall similar to that
employed in Fairway Oaks, to run without interruption from the
golf course on the north to the drainage easement on the south.
d. A similar wall will meander intermittently through
the trees along the southerly side of Fairways Club parallel and
adjacent to Northern Way, giving the appearance of a continuous
wall.
e. lMARA shall have the option o~ installing asbestos
shingle roofs of a type and quality similar to those constructed
in Fairway Oaks.
2. The City staff has recently reviewed and unanimously
recommended approval of WOODSTREAM DEVELOPMENT COMPANY'S final
development plan (site plan) for Tuscawilla Club, which provides
for an overall density for Tuscawilla Club of 7.5 units per acre.
The City agrees that the said plan is hereby approved, subject to
approval of final engineering plans, which approval shall not be
unreasonably withheld, denied or delayed. The City shall approve
the final engineering plans within ten (10) days of their
receipt, or shall within that time state reasonable required
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modifications with \i)arti9tl]'~ity. _\ Failure.. tn -dO-..,se..-wit.hin tlle
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ten J.u;)-r--day.....,pe:t:iod. shaJ.l')j~~'deEmled to~consti tute. approval of-1the
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f1naTeng1neering pMlns. F}4! LU/tt 11 7.2 '~
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3.
The
appropriate
City
J ~,~ /
officials and departments shall
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issue forthwith all permits, approvals and certificates for the
commencement of construction of Fairways Club, and shall then
make timely inspection as construction progresses.
The same
shall apply to Tuscawilla Club upon approval of final engineering
plans, as set forth above.
4.
Plaintiffs
hereby
release,
satisfy
and forever
discharge the City of Winter Springs, Florida, former and current
city commissioners, and former and current city staff members
from any and all claims or causes of action arising from and by
2
virtue of Plaintiffs' applications for final development plan
(site plan) approval of Fairways Club and Tuscawilla Club, and
the subsequent disposition of the said applications by the
various staff members, boards and commissions of the Defendant
City, including any claims or causes of action Plaintiffs may
have by virtue of the appeal taken in this case.
5. Plaintiffs agree to hold and save the City, former and
current City Commissioners, and former and current City staff
members harmless from any and all liability to American Pioneer
Savings Bank from and by virtue of the-matters addressed in the
preceding paragraph.
6. Plaintiffs and Defendant agree to execute a Joint
Motion for Relinquishment of Jurisdiction of this cause from the
Fifth District Court of Appeal to the Seminole County Circuit
Court, and a joint motion for entry of an amended final judgment
to incorporate the terms and conditions of this agreement.
Plaintiffs and Defendant further agree to then execute a joint
stipulation for dismissal of the pending appeal.
IN WITNESS WHEREOF, the parties hereto have set their hands
and seals the day and year first above written.
IMARA CONSTRUCTION COMPANY
THE CITY OF WINTER SPRINGS, FL
By:
By:
John F. Torcaso, Mayor
Bobby E. Story, Pres.
WOODSTREAM DEVELOPMENT CO.
ATTEST:
By:
By:
Bobby E. Story, Pres.
Mary R. Norton, City Clerk
~
Peter N. Hill, Esquire
Smathers, Pleus, Adams,
Fassett & Divine, P.A.
P. O. Box 3627
Orlando, FL 32802
(305) 422-8116
ATTORNEYS FOR APPELLEES
Marcia K. Lippincott, Esquire
Attorney at Law
644 W. Colonial Drive
Orlando, FL 32804
(305) 425-0116
ATTORNEY FOR APPELLANT
Sworn to and subscribed before
President of Imara Construction
Development Company, this day of
of Florida and County of Seminole.
me by Bobby E. Story, as
Company and Woodstream
April, 1986, in the State
SEAL
Notary Public, State of Florida
My Comma Expires:
3
IN THE DISTRICT COURT OF APPEAL
FIFTH DISTRICT, STATE OF FLORIDA
CASE NO. 86-350
l.{
,
THE CITY OF WINTER SPRINGS,
FLORIDA,
Appellant,
vs.
()r
, ';
IMARA CONSTRUCTION COMPANY,
a Florida corporation, and
WOODSTREAM DEVELOPMENT
COMPANY,
Appellees.
/
SE'rl'LEMENT AGREEMENT
Agreement made this
day of April, 1986, by and between
IMARA CONSTRUCTION COMPANY,
WOODSTREAM
DEVELOPMENT COMPANY
(Plaintiffs) and THE CITY OF WINTER SPRINGS, FLORIDA (Defendant).
WIT N E SSE T H:
WHEREAS, Defendant has appealed to the Fifth District Court
of Appeal the Final Judgment entered by the Seminole County
Circuit Court in Plaintiffs' favor on January 23, 1986 in Case
No. 84-3095-CA-17-E; and
WHEREAS, Plaintiffs and Defendant are desirous of resolving
the dispute without further litigation.
NOW, THEREFORE, in consideration of the sum of TEN DOLLARS
($10.00) in hand paid, the receipt and sufficiency of which is
hereby acknowledged, and the mutual covenants expressed herein,
the parties hereto agree as follows:
1. Plaintiff, IMARA CONSTRUCTION COMPANY, agrees to modify
its final development plan (site plan) for Fairways Club as
follows:
a. The total number of condominium units to be
constructed will be reduced from 220 to 210 units. The second
story of the condominium units marked in red on the attached
plan, consisting of 10 units in total, will be eliminated.
b.
An
additional
entrance
and
exit
will be
constructed from and to Greenbriar Road at a location acceptable
to the City.
IF the City so chooses, ingress to Fairways Club
will be from Northern Way only, with egress only to Greenbriar
Road, following completion of construction of the first 105
condominium units.
c. Fairways Club will be separated from Fairway Oaks
to the east by a four foot high brick wall similar to that
employed in Fairway Oaks, to run without interruption from the
golf course on the north to the drainage easement on the south.
d. A similar wall will meander intermittently through
the trees along the southerly side of Fairways Club parallel and
adjacent to Northern Way, giving the appearance of a continuous
wall.
e. IMARA shall have the option of installing asbestos
shingle roofs of a type and quality similar to those constructed
in Fairway Oaks.
2. The appropriate City officials and departments shall
issue forthwith all permits, approvals and certificates for the
commencement of construction of Fairways Club, and shall then
make timely inspection as construction progresses.
3. The City staff has recently reviewed and unanimously
recommended approval of Woodstream Development Company's final
development plan (site plan), subject to approval of final
engineering plans, for Tuscawilla Club which provides for an
overall density for Tuscawilla Club of 7.5 units per acre. The
City agrees to ~~e:the application as submitted within thirty
(30) days of the above date. The City further agrees to approve
final engineering plans within ten (10) days of their receipt, or
,..-
to state within that time reasonable required modifications with
particularity. Failure to do so within the ten (10) day period
shall be deemed to constitute approval of the final engineering
plans.
Subsequent
inspections,
approvals,
permits and
,-
certificates shall not be unreasonably withheld or delayed.
4. Plaintiff, IMARA CONSTRUCTION COMPANY, hereby releases,
satisfies and forever discharges the City of Winter Springs,
Florida, former and current city commissioners, and former and
current staff members from any and all claims or causes of action
arising from and by virtue of Imara Construction Company's
2
,-
application for final development plan (site plan) approval of
Fairways Club, and the subsequent disposition of the said
application by the various staff members, boards and commissions
of the Defendant City, including any claims or causes of action
Imara Construction Company may have by virtue of the appeal taken
in this case.
5. Plaintiffs agree to hold and save the City, former and
current City Commissioners, and former and current City staff
members harmless from any and all liability to American Pioneer
Savings Bank from and by virtue of the-matters addressed in the
preceding paragraph.
6. In the event Woodstream Development Company's final
development plan (site plan) for Tuscawilla Club and final
engineering plans are approved by the City Commission as provided
in paragraph 3 above at an overall density of 7.5 units per acre,
Woodstream Development Company agrees to release and hold the
City and all its officials, both past and present, harmless from
any claims, causes of action and liability on the same terms and
to the same extent as set forth in Paragraphs 4 and 5 above with
respect to Imara Construction Company. Conversely, in the event
approval is not granted as provided in paragraph 3 above and
within the time period set forth therein, Woodstream Development
Company shall be entitled to pursue whatever remedies it may have
for damages against any and all entities and individuals which or
who may be liable therefor. In that event, this agreement shall
be null and void and the terms and conditions of the original
final judgment entered herein shall remain in full force and
effect.
7. Plaintiffs and Defendant agree to execute a Joint
Motion for Relinquishment of Jurisdiction of this cause from the
Fifth District Court of Appeal to the Seminole County Circuit
Court, and a joint motion for entry of an amended final judgment
to incorporate the terms and conditions of this agreement.
Plaintiffs and Defendant further agree to then execute a joint
stipulation for dismissal of the pending appeal.
3
IN WITNESS WHEREOF, the parties hereto have set their hands
and seals the day and year first above written.
IMARA CONSTRUCTION COMPANY
THE CITY OF WINTER SPRINGS, FL
By:
By:
John F. Torcaso, Mayor
Bobby E. Story, Pres.
WOODSTREAM DEVELOPMENT CO.
ATTEST:
By:
By:
Mary R. Norton, City Clerk
Bobby E. Story, Pres.
Richard H. Adams, Jr., Esq.
Smathers, Pleus, Adams,
Fassett & Divine, P.A.
P. o. Box 3627
Orlando, FL 32802
(305) 422-8116
ATTORNEYS FOR APPELLEES
Marcia K. Lippincott, Esq.
Attorney at Law
644 W. Colonial Drive
Orlando, FL 32804
(305) 425-0116
ATTORNEY FOR APPELLANT