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HomeMy WebLinkAbout1986 04 21 Special IN THE DISTRICT COURT OF APPEAL FIFTH DISTRICT, STATE OF FLORIDA CASE NO. 86-350 , ;~w"..,i) THE CITY OF WINTER SPRINGS, FLORIDA, Appellant, vs. IMARA CONSTRUCTION COMPANY, a Florida corporation, and WOODSTREAM DEVELOPMENT COMPANY, ...J. " / /'1 , ) Appellees. / I .~~. .r/' ~ ./-''''''' ~ 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 ,,,,,c-,,,,,-~-..,-. "', "'~" ."..,.. .. --"" modifications with \i)arti9tl]'~ity. _\ Failure.. tn -dO-..,se..-wit.hin tlle ~ L" ~ ten J.u;)-r--day.....,pe:t:iod. shaJ.l')j~~'deEmled to~consti tute. approval of-1the ""................,..-.. .~ ,"".--'~ f1naTeng1neering pMlns. F}4! LU/tt 11 7.2 '~ V\.J ( ", '" --"". 3. The appropriate City J ~,~ / officials and departments shall /"','.j) 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