Loading...
HomeMy WebLinkAbout1990 01 08 Regular REZONING OF TUSCAWILLA PUD row COMMISSIONERS, AT OUR LAST COMMISSION MEETING ON DECEMBER 11, I STATED THAT WE NEED TO ADDRESS THE ISSUE OF REZONING THE PUD TO RIAMON ALL CURRENT UNDEVELOPED LAND IN THE J PUD. AFTER REVIEWING CURRENT CITY ORDINANCES, I WOULD LIKE TO MODIFY THE REQUEST SLIGHTLY AND CHANGE ALL UNDEVELOPED LAND TO RlAA. THE REASON IS SQ.FT. SIMPLE. RlAA ALLOWS A MINIMUM LOT OF 10,000'WHICH IS CONSISTENT WITH THE CURRENT SINGLE FAMILY DETACHED HOMES IN THE PUD THAT ARE BEING CONSTRUCTED VERSUS 20,000 SQ. FT. REQUIRED IN RIAAA. NOW, WHY AM I BRINGING THIS ISSUE UP AGAIN?! PLEASE BEAR WITH ME AS I BRING UP SEVERAL KEY POINTS. ONE, WE, AS THE GOVERNMENTAL BODY, CAN REZONE ANYTIME TO WHATEVER IS APPROPRIATE BASED ON CURRENT CONDITIONS AS IT RELATES TO NEEDS OF THE COMMUNITY, A CHANGING ENVIRONMENT, OR OBSOLETE LAWS. e TWO, THE RESIDENTS OF TUSCAWIILA WANT HOMES TO BE BUILT, AND NOT COMMERCIAL OR APARTMENT PROJECTS. THIS POINT WAS REINFORCED AGAIN AT THE LAST HOMEOWNERS MEETING. THE PUD ZONING ALLOWS THE DEVELOPER TO INITIATE AND THEREBY CONTROL THE TYPE OF CONSTRUCTION THAT IS SUBMITTED. THE HOMEOWNERS CAN ONLY COME AND "DEFEND" THEMSELVES AGAINST UNWANTED DEVELOPMENT. BY REZONING TO RESIDENTIAL USE, THE HOMEOWNER IS MORE PROTECTED VERSUS THE DEVELOPER. THREE, THE PUD ZONING PROVIDES FOR A VARIETY OF DEVELOPMENT AND DOES NOT SEND 1 CLEAR SIGNAL TO DEVELOPERS ON WHAT TYPE OF CONSTRUCTION IS APPROPRIATE FOR A NEIGHBORHOOD. DESPITE THE BEST INTENTIONS OF THE COMMISSION TO PROTECT RESIDENTS, THE PUD ZONING ALLOWS DEVELOPERS TO INITIATE ANYTHING THEY WANT, AND IT FORCES THE RESIDENTS OF TUSCAWILLA TO COME REGULARLY TO FIGHT INCOMPATIBLE elELOPMENT. BY REZONING TO RlAA, THIS SENDS A VERY CLEAR SIGNAL TO DEVELOPERS ~ THAT THE ON'LY DEVELOPMENT THAT IS COMPATIBLE ARE HOMES. NET, THERE WOULD BE LESS TIME SPENT ON FIGHTING ISSUES CONCERNING TUSCAWILLA AND ALLOW US MORE TIME . WORK ON OTHER WINTER SPRINGS ISSUES. FOUR, BY KEEPING THE PUD ZONING, IT CONTINUES TO PROVIDE THE OPPORTUNITY FOR MORE DENSE DEVELOPMENT, WHETHER COMMERCIAL OR MULTI-FAMILY. WITH ALL THE EMPHASIS NOW PLACED ON LACK OF SCHOOL SPACE, INSUFFICIENT ROAD SYSTEMS (IN FACT OUR P&Z BOARD, THROUGH THEIR STUDY, SHOW HOW THE TRAFFIC PROBLEM WILL INCREASE IF WE CONTINUE TO MotE DENSE DEVELOPMENT), AND INCREASED WASTE. IT IS ONLY RIGHT AND PROPER TO REZONE TO A RESIDENTIAL CLASSIFICATION. FIVE, THE PEOPLE OF TUSCAWILLA WANT THIS. I HAVE, DURING MY ELECTION, STATED THAT I SUPPORT THEM ON THIS ISSUE. THEREFORE, AS LONG AS THIS ELECTED GOVERNMENT TRIES TO FOLLOW THE WISHES OF THE MAJORITY OF THE PEOPLE, PROVIDED THERE IS AN EASY PROCEDURE TO IMPLEMENT THIS CHANGE, AND PROVIDED IT IS .~EFICIAL TO THE PEOPLE, THEN WE HAVE A RESPONSIBILITY TO DO IT. AN EXAMPLE OF MEETING THE WISHES OF THE PEOPLE ARE THE UNPAVED ROADS OF THE RANCHLANDS. WE HONORED THEIR WISHES, NOW LETtS HONOR THE WISHES OF THE PEOPLE IN TUSCAWILLA. SIX, VESTED RIGHTS ISSUES WILL CONTINUE TO PLAGUE THE CITY IN REFERENCE TO THIS PUD BECAUSE THE BASIC ZONING HAS NOT BEEN CHANGED. WE CONTINUE TO DANGLE CARROTS OF "V ARlEn DEVELOPMENT" TO A DEVELOPER THROUGH pun ZONING. LET'S PROTECT OUR LEGAL LIABILITY BY CHANGING THE ZONING AND ELIMINATING THE VESTED RIGHTS ISSUES. SEVEN , FINALLY, PUD ZONING PROVIDES A CONCEPTUAL PLAN FOR A LARGE DEVELOPMENT EARLY IN ITS GROWTH. BUT, AS IT MATURES (AND THIS DEVELOPMENT IS 20 YEARS .rURE), THEN CONCEPTS MOVE TO REALITY. THEN, IT IS IMPORTANT TO PROVIDE I BETTER ZONING GUIDELINES ON THE REALITY OF CURRENT DEVELOPMENT AND USE RATHER ;L'HAN THE CONCEPT OF A DREAM 20 YEARS AGO. ~NOW THIS HAS BEEN A LONG STATEMENT, BUT I THOUGHT HARD ON THIS ISSUE. PEOPLE WANT THIS ISSUE RESOLVED IN ONLY ONE FASHION. PLEASE, HEAR YOUR ELECTORATE AND HONOR THEIR WISHES TO HAVE A RESIDENTIAL COMMUNITY. I THEREFORE WOULD LIKE TO MAKE A MOTION THAT WE, THE CITY COMMISSIONERS, AUTHORIZE THE PLANNING & ZONING BOARD TO PREPARE A NEW ORDINANCE REZONING ALL UNDEVELOPED LAND IN THE TUSCAWTILA pun TO RIAA. . . . January 3, 1990 TO: City Manager ~ FROM: Land Development Manager. RE: Agenda Item, Excelsior Business Park This item is to accept Excelsior Business Park and the restrictive covenants and plat for recordation. This park is to be privately owned. Please see attached correspondence. . DRL/fg attach. cc: Mayor Commission City Attorney City Clerk , . (, ~/~I~l:~~~(;..."\ 0"'; -_..~ ____ .)... 'l~~:;'/. ,_ --v l ~ J- \'" f' ~ 7- _ '. 0 UC....~;; " '" ' I",') \J .>----__/. l..OI~\OI'- CITY OF WINTER SPRINGS, FLORIDA Mr. Kenneth H. Ehlers, P.E. Grusenmeyer and Associates, Inc. 5400 East Colonial Drive Orlando, FL 32802 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708 Telephone (407) 327-1800 November 30, 1989 RE: Excelsior Business Park - "As-Built" Inspection Dear Mr. Ehlers: An inspection was made of the Excelsior Business Park with the "as-built" engineering documents that you had submitted. It was determined that the project was found to generally conform satis- factorily to the "as-built" engineering. . LTK/fg cc: City Manager Land Development Coordinator Building Department Public Works Director Lee Munizzi . Sincerely, "', :'::'-~~~;'\~)~{~'l , ,- \ > " . '/ (j) l/' ;~J/ '/ ,..-. ',.-::-./ / ""<Z~~:~,~~i':// FIRE DEPARTMENT 102 NORTH MOSS ROAD WINTER SPRINGS, FLORIDA 32708 TELEPHONE (305) 327-2332 FIRE AND RESCUE SERVICES December 26, 1989 TO: Don LeBlanc, Land Development Coordinator A' ,1) FROM: Charles L. Holzman, Fire Chief~'/ SUBJECT: Fire Hydrant Acceptance - Excelsior The fire hydrant at mid-block of Excelsior was inspected and tested on December 22, 1989 and meets code requirements. . . . . . TO: DON LEBLANC, LAND DEVELOPMENT COORDINATOR FROM: DATE: SUBJ: JOHN GOVORUHK, CHIEF OF POLICE 2 January 1990 Excelsior Business Park The above referenced does appear to meet department requirements and is hereby recommended for acceptence. ') ~{{t~~e'/ L (.;/ -- / /) . E. CLAY PPARAKRERKER, JOHNSON, OWEN, MCGUIRE, MICHAUD, LANG & KRUPPENBACHER, P.A. COUNSELORS AT LAW WILLIAM E. JOHNSON RONALD M. OWEN H .JOSEPH McGUIRE SCOTT H. MICHAUD ,J. SCOTT MURPHY ARMANDO R. PAYAS THOMAS F. LANG FRANK C. KRUPPENBACHER ZIP CODE 32802 ORLANDO OFFICE 1300 BARNETT PLAZA 201 SOUTH ORANGE AVENUE ORLANDO. FLORIDA 32801 TELEPHONE (407) 425-4910 FACSIMILE (407) 423.3140 REPLY TO ORLANDO OFFICE: POST OFFICE BOX 2867 ELMO R. HOFFMAN Of CO U NSEL MARK C. CABOLO ,JAMES T. FERRARA ALAN J, LANDERMAN PAMELA A, MARK MARK L. ORNSTEIN WILLIAM T. ROSHKO KENNETH R. SEGAL MARK S. WALKER MICHAEL O. WILLIAMS June 21, 1989 DEERFIELD BEACH OFFICE 600 WEST HILLSBORO BLVD" SUITE 660 DEERFIELD BEACH, FLORIDA 33441 TELEPHONE (305) 421-1011 FACSIMILE (30S) 421-1359 HAND-DELIVERED NORMAN E. GERBER ADMINISTRATOR Mr. Donald R. LeBlanc Land Development Coordinator City of Winter Springs 1126 State Road 434 Winter Springs, Florida 32708 RE: Excelsior Business Park, Proposed Plat and Covenants . Dear Don: Per your request, I have received the above. The same are approved as to legal form. FCK:mls Sincerely, 4:!~ SIGNED IN 11/11'<. ;~l\'-;"l\_. _'" ,'~. .<-" d; ABSENCE TO AVOIO Q'l.At Enclosures . . . . Declaration of Restrictive Covenants For EXCELSIOR BUSINESS PARK Winter Springs, Florida E. Lee Munizzi and Salvatore B. Munizzi, fee owners of the following described real property in Winter Springs, Florida: SEE ATTACHED EXHIBIT A FOR LEGAL DESCRIPTION Hereby make the following Declaration of Restrictive Covenants as to the limitations1 restrictions, and uses to which the lots and associated land, lakes and roadways that compr ise th€'o:' EXCELSIOR BUSINESS PARK ("The Park") may be put. The covenants declared herein shall attach to and run with the land described above and shall inure to the benefit of and be binding on all who have an interest in the land whether they be initial owners, subsequent purchasers, lessees, licensees, occupants" lienors, their transfers, successors or assigns. The purpose of these covenants 1S to assure reasonable development and application of the property as a whole, to protect each property owner against unreasonable usage or development of adjacent and surrounding lands, to prevent the construction of undesirable structures within The Park, to provide for the operation and maintenance of common amenities and facilities and to provide for architecturally and aesthetically pleasing development of The Park in accordance with a general plan. 1. DE:F I NJ T I ON!:2. Unless otherwise specified in these Restrictive Covenants, each term defined in this article shall have the meaning specifically set forth herein: 1-'1. The Park: The term "The Park" shedl mean the EXCELSIOR BUSINESS PARK as described above 1 . . . ",uld recorded 1.n B. .ill:i. t:i.i:u-Clwnf:r~;=_ ThE' term II I ni tied ()wrH::::r~;" shall mean E. Lee Munizzi and Salvatore 8. Muniz~~i. C. I:~e~::; t r :.i. c t .;Ly'Q..._~SLI!...~[lt; ~ T h (,! t e nll II Res t r i c t i v E~ Covenants" shall mean all covenants, restrictions and easements as set forth in this Declaration and as they may be amended or supplemented, from time to time. D. ProPt::?rty. Owner: The term "Propc::!rty Owner" shall mean the legal or beneficial holder of the fee simple ownership to any of the lots situated within The Palrk. Tht-'o! tf:n!l "Pl'.opel'"ty Owner II shall inc 1 ude anyont::? claiming ownership through or from such fee or beneficial owner whether whole or in part. r- Loj"i...;.. Tht:0 t,,::'\'rn "Lot" shall mec:ln any subdivided portion of The Park as shown upon the recorded subdivision plat or upon any subsequently recorded plat of The Park. F. Zoni r.!.f~ RE~C:lu 1 at ions;: The tt::~rill II Zoni ng l~egu 1 at ions II sha 11 mean the ZCtni ng regulations and ordinances of the City of Winter Springs, Florida as amended from time t(:o time. .--, ::XCELf:; I OR BUS I I'::!ESS-1~AI~K PI~OPERTY DWNEI~!3 AmlDC t[\ T I ON f I NC ._ Concurrently with the adoption of and recording of these Restrictive Covenants, a non-profit corporation entitled the E~Lelsior Business Park Property Owners Association, Inc. ("As~::;ociati()f'l") shall be formed. The lake and Surface Water Management System and related facilitie~::; (liThe;) System"), shall bf.? tr<':\n~::;fern::?d to the Association upon its formation. The Association shall be responsible for the maintenance and operation , repairs, renewal of permits from appropriate Governmental Agencies and modifications thereof, and any other duties necessary for the operation of The System for the benefit of the Property Owners of The Park. All of the rights, covenants and responsibilities of administering and enforcing these Restrictive Covenants shall become those of the Association upon its formation. Each Pr0perty Owner shall become a member ot the Association upon the recording of a deed, or other .:. . . . instrument, vesting title in such Property Owner. The By- Laws of such Association shall provide that each owner of a Lot in The Park shall be entitled to one (1) vote for each Lot owned in all elections and such other matters as may come before the Association. Membership in this Association shall be mandatory and no more than one (1) vote will be allowed for each Lot regardless of how many individuals or entities have an interest in said Lot(s). The By-Laws of such Association shall provide for the assessment of a reasonable initial fee, annual membership tee, and special assessments to provide the Association with the needed funds to carry out the provisions of these Restrictive Covenants. Any assessment remaining unpaid for thirty (30)days shall become a lien or such member's lot and may be enforced in accordance with Florida Lien Laws. ,"-I ..j. G9~jEN!jNLFQ.!L l'1A I NTENANCE f\~3SESSMr;NI Each owner agrees to become a member of the Association and to maintain his membership in good standing and be guided by the Rules and Regulations of the Association so long as he owns a lot in the Park. The annual and special assessments by the Association shall be used exclusively for the purposes of improvement and maintenance of the Park and any easement in favor of the Association including but not limited to, the cost of taxes, insurance, labor, equipment, materials, management, surface water management, maintenance and supervision thereof, as well as for other such purposes as are permissible activities. Except as herein provided, the Board shall fix the initial assessment and annual assessment in an amount determined to be in accordance with the projected financial needs of the Association. After the initial assessment, the annual assessment may be increased each year by the percentage of increase of the consumer price index for the previous year, or up lu 15% of the maximum authorized payment, for the previous year, without regard to the consumer price index, and without a vote of the Association. The fee may be increased beyond the higher of either of these with the approval of two-thirds vote of the owners. Ec.\(.:il ",,"./II'..::r-, with the e~/;ception of th€", Initial Owners, shall hereby covenant and agree to pay the Association any annual assessment or charges and any special assessments for capital improvements Or repair as established, and to be collected from time to time by the Association. All such assessments, together with interest thereon, from the due date at the highest rate allowed by law of Florida, cost of collection, including reasonable attorney's fees, shall be a charge on the land and shall be a continuing lien upon the property against which each assessment is '-' w . made shall also be the personal obligation of the owner. 4. !;Xr~CUTIVE AND ARCI.-lITECTURAL COMMITTEE Prior to seventy-five percent (75%) in number of the Lots in The Park being sold, the Initial Owners shall have the exclusive right to elect at least three (3) peysons to serve as members of the Executive and Architectural Commi t tE".:'E~ (" Cc.mmi t tee 1I ). Upon seventy -f i Vf:? pel" cent (751.) of the Lots in The Park being sold, the Association shall have the right to elect two (2) persons to serve as members of the Committee. The Committee shall serve as the governing body of the Association and shall assume all of the responsibilities given the Association according to these Restrictive Covenants. It is the duty and responsibility of the Committee to see that the Restrictive Covenants requiring their decisions and involvement contained herein are carried out. The elected members will serve for one (1) year terms and may be reelected. Members need not be owners of Lots in such subdivision, but must, as a minimum, have been appointed by a Property Owner to represent him in all matters dealing with the Initial Owners, Committee, or ^~;:;':;;;() C .i.<;;l t io;::on. . The initial mailing address of the Committee shall be Excelsior Business Park, Winter Springs, Florida 32708. This address may be changed from time to time. t::" ...J. INTECHMTION-.!:yITH WINTEli SPRING~3 ZONING_ REGULATIqNS In such instances where a conflict exists between any of these Restrictive Covenants and the loning Regulations of Wintelr Spr i n9s, t hE!n Zoning Regul a tions sha 11 prevai 1. In instances where the interpretation and application of these Restrictive Covenants would be more restrictive than the Zoning Regulations, then these Restrictive Covenants shed 1 pn".vai 1. (;. UGE~3 . The usage of all buildin9 sites and the operations to be contained therein shall be subject to the prior written a~proval of the Committee. Such utilization being limited to office, commercial, distribution, service, and light industrial operations or any other application which is consistent with commercial use as defined by the Zoning Regulations. Such utilization shall be carried out entirely within a building and related site so that it dOE!s not Plroduc:e c:l nuis.:\nce to clny adjacent Lots, including noise, vibration, emission of particulate matter, odor, toxic or nontoxic fumes, pollution of water and water m..'.il.lgt2ment facilities or any othelr act which could produce an unpleasant or adverse effect on adjacent 4 . Prop(~rty OWnt2t-!3. 7 . B u J1..P..lli~....f> T R uJ2I u 13 E fl No building or other structure shall be installed or erected on any building site without the written consent of the Committee. Prior to the construction or alteration of any building or other structure two (2) complete sets of building plans and specifications shall be submitted to the COilHlii t tt?t? !3howi n!;,l the 10 ca t ion of thE.' bui Id i ng or other structures, patios, walls, fences, driveways or pal"kinU ared~:;, loading dock~;, signs, setbacks, dnd building materidl to be used. One (1) set shdll be returned to the Property Owner with the approval or di!",appl"ovcd E'ndor'~;;ed thc::::!reon and tll"" o:ytht01r sh,,':\11 be retained by the Committee for its future use. Construction of such approved structures must begin within one hundred twenty (120) days of approval by the Committee and be substantially complete within four hundred fifty (450) days of such approval. Refusal of approval of plans and s~0cifications may be based on any reason, including aesthetics, and is at the sole discretion of the Committee. Decisions of the Committee are final dnd no appeal procedures are thereby available. Failure of the Committee to review and comment on such plans within thirty (30) days of receipt shall be deemed to constitute . approval. 8. L.6ND!3CfjP I NG The building plans and specifications must contain the provision that fifteen percent (15%) of the total square footage of each lot shall be used for landscaping. Upon completion of any building, the lawn area shall be completely seeded or sodded with Argentine Bahia, St. Augustine, Floratam Or such other grasses that are commonly used in the Central Florida area, with the intention that each building be surrounded by a green well kept lawn. Each Property Owner shall provide a sufficient sprinkler system to adequately water the landscaped area. Effort shall be made to preserve as many of the existing trees as possible in their natural location. '3. SETBt'jCKf:~ All setbacks from adjacent property lines and rights-of- way shall be in accordance with Zoning Regulations. 1. O. flAfWlJ:.-IG . No parking will be allowed in any street or any other place other than approved parking spaces. One parking space shall be provided for each two hundred fifty (250) ,.- .;::, . square feet of building space. Each parking space shall be of a size sufficient to accommodate a passenger-sized automobile and all parking areas and driveways are to be p.:.:.wed ',.,Iith "i minimum of one and onc?-half (1 1/2") inch asphaltic concrete surface coat on a six (6") inch soil cement base. Parking dreas are to striped an equipped with one (1) concrete stop per each parking space. Parking will not be permitted within fifteen (15) feet of the property line bordering any street nor within ten (10) feet of the side and rear property lines. Any variance as to the number of parking spaces required, location, materials to be utilized or size of parking spaces shall first be approved in writing by the Comm it t e-t? " 11. FENCES. Fences and screening walls shall be constructed of masonry, me-tal panel, e-vergreen shrubbery or any other suitable mate-rial approved by the Committee and shall be maintained by the Association. L:." i.-JASJE n E:;POSt~L . ,;11 Garb<:\ge <:\nd/o\~ trash receptacles shedl be enclosed by fence or other type of screening wall which will prevent the contents of the garbaGe or refuse area from being visible from any Street or adjacent Lot. Garbage or refuse areas shall not be constructed between the building and a Street. Reasonable commercial pickup and disposal of GarbaGe and trash shall be required. 13. ~3 I G.b!J.? All signs must be attached to a building and must not extend above its roof line. No flashing or moving signs will be permitted. This provision does not preclude usage of signs normally used in connection with the sale of subdivided property. 14. L OAO"';LNG-.ll9Cni . No loading docks shall be constructed facing any street. No mate-rial, supplies or equipment shall be parked or stored overnight in any area of a Lot except that which is suitably screened from view by a suitable barrier. This includes licensed and non-licensed vehicles, mobile and/or stationary equipment and damaged or junked vE.!hic:lc;(::;. 1 ::3. /"1;,\ I NTENANCE The ()wner, le~:;sE!t'" OY' tenant of any buildin!;;1 ~;ite she:lll 6 . have the responsibility for the maintenance of the pj.\....jlj;i..:;;;t:~s, bui Iding, attachments, impyovemel"l'cs, trash yeceptacles, and landscaping in a clean, well maintained state at all times. All vacant Lots shall be mowed at least thyee (3) times per year. If, in the opinion of the Committee, such occupant fails in its responsibility, then notice of such failure will be communicated to the owne!r, le!'::;~;;;E'e! 0'( tenant in writing. Til'.,,' ,::)i."Iner, lessee or tenant sh~ll have fifteen (15) days from receipt of such notice to perfoym the yequested maintenance to yestore such site to its desired condition. If the! owney, lessee, or tenant should fail to peyform such yequested repairs or maintenance, the Committee shall have the right and authoYity to undertake such yepaiYs 01" maintenance! at its e:i;pen~;e. In thf2 E'VE!nt such ()wner, les~;ee 0'1" t:c-n<:'1nt f.:\ils to reimburse the Committee foy the costs incurred by it within thirty (30) days of having been billed, then the costs incurred shall be reCOrded as a lien against such Pl"C'Pf:;y.ty. 16. MANAGEI"IENT OF THF;__.?Uf~F"'\CE WAT1~R MANAGEt!.ENT ..PERI'11 T . The Initial Owne!rs of The Park have obtaine!d a SUrface WatE'Y ManagE'mE'nt Permit fyom the St. Johns RivE'Y Management District fOr the opeyation and maintenance of thE' li::ike ancj sUlrface watey sy~;tem in ThE' Pad::. In accoydance! with Article! 2 of these Restrictive Covenants, the Asso[i~tion will assumE' the rights, yesponsibilities, obligations, and functions yequiyed of the! Initial Owners under thE' aforE'mentioned permit, including renE'wals and modifications when necessary. 17. FNFCmCEMENT EnforcemE'nt of these Restrictive Covenants shall bE' by proceedings at law Or in equity against any and all persons violating or operating contrary to any RestrictivE' Covenants contained heyein. Enforcement shall be allowed to restrain initial or fuyther violation and/Or to yecovey damages. 1 C . tJOJ) I F I CC~ T I ON Any Or all thesE' Restrictive CovE'nants may bE' tE'rminated 01" modified by a majority vote of the Committee. Any amendmE'nt or modification shall be rE'corded in the Office of the CIE'rk of the Ciycuit Court of Seminole County, Florida. No such amendment or modification adopted shall subject any Lot 01" Pyoperty Owney to a moye oneyous restriction without the wyitten consent of such Propeyty Ownf2r. . 19. DURATION Subject to modifications, every covenant, restyiction and 7 . condition contained herein shall continue in full force and effect in perpetuity commencing with the date hereof. 20. EFFECT OF INVALIDATION In the event that any provision continued herein is held to be invalid, it shall not affect the validity of any of the remaining provisions, which shall continue in force for the duration, including extensions, of these Restrictive Covenants. 21. lli~3 PEJ~-r I ON The Initial Owners of The Park and, upon its formation, the Committee, reserve the right to enter and inspect any of the Lots and buildings thereon in order to insure ~;~::~ . R~::: Z Df\~ I N(l The Park is zoned for commercial (C-l) use. Each Property Owner agrees that he will not bring any action to change the zoning of any portion of the property without the prior written consent of the Initial Owner. . 23. ENFClRCEI"IENT The failure of the Committee or Property Owners to enforce any of these provisions shall in no event be deemed to be a waiver of the right to enforce any or all of these Restrictive Covenants. 24. ACCESS TCl THE CITY OF WINTER SPRINGS The Association hereby grants to The City of Winter Springs, access over all lots for purposes of maintenance and repairs for sewer lines and manholes. 2~S.. AL)DENI)Llt:1 A. Notwithstanding any other provisions contained herein, no amendments may be made to this document without the prior approval of the City of Winter Springs, Florida. B. The City of Winter Springs is a third-party beneficiary with right to legally enforce these docwrIE~nt~~. . C. Nothing contained herein permits or authorizes any violations or deviations from the City Code, City of Winter Springs, Florida. 8 . . . IN WITNESS WHEREOF, the undersigned have executed this Declaration on the _____ day of ______________, 1989 Signed, sealed and delivered in thf:~ pl'.i2~~t~nt~:, of Eo Lee Muni z z i Salvatore 8. Munizzi STATE OF FLORIDA ) :> 55 COUNTY OF SEMINOLE ) BEFORE ME, the undersigned authority, duly authorized to administer oaths and take acknowledgments, this day personally appeared E. Lee Munizzi and Salvatore B. Munizzi, fee owners of the Exci21sior Business Park, who, acknowledged and they executed the foregoing Declaration of Restrictive Covenants for Excelsior Business Park, Seminole County, Winter Springs, Florida, for the purposes therein expressed, having full authority to do so. WITNESS my hand and official first above written on the seal in the County and State day of ______________, 1989 Nc.tary Public My Commission Expires: ':;I . . . - ... ~lf?)lFl) ENGN:ERS. INC. rsOO W. FVI.Y'ON STREET POStOFFlCE !lOX 191& SA"FORO. !'LORlD.. ~'17T2.19711 Tlil. "07<l22~1 TEl. 407'831~117 FAA .407-330-0&3g --- J a n u a ry 8. 1 990 Mr. Richard Rozansky City of Winter Springs 1126 East S.R. 434 Winter Springs, FL 32708 Re: City of Winter Springs Wastewater Package Treatment Plant Rehabilitation. Plant No.1 CPH Project No. W0416.00 Dear Mr. Rozansky: On Wednesday. December 6. 1989, at 2:00 p.m. a representative of our firm was present at the bid opening for the above referenced project. This bid included three additive bid items. No.1 is a change of the chlorination handling system, No.2 is the planned reuse water system, and No.3 is the sludge drying bed improvements. Enclosed please find a copy of the bid tabulation for the project~ The following is a recap of the base bid plus the three additive bid items. Con-tractor Bid Price $ 328,883 333,000 340.000 341,500 443,980 451,165 494,825 Florida Environmental Utility Construction Inc. Vogan Construction Co. Inc. Caddie Construction Co. Q & 0 Inc. Allen's Environmental Sunshine Building & Development Co. Travis Williams Construction Co. As can be seen, the bids were very competitive. However, the bids exceed the engineering and budgeted estimate, which is as follows: Base Bid $110,000 Additive Bid Item No. 1 40,000 Additive Bid Item No. 2 1 0,000 Additive Bid item No. 3 10,000 Total $170,000 -P .""---~-_._._.. nl-nR-on 11 .?O AM pn~ t;t,'nu A n"''j'')nn~'''o---------- -' .. ~tf2JUlJ ....-............ ~ ~ W, FULTON SmEET PO$'rOF"ICI; BOX 1~7ij $.<\~fORO. FLORIDA 32772-1978 tEL .or-3:n-8841 TEL 401...,3,-&',1 "AX #40'-330-0Cl3$1 " January 8. 1990 Mr. Richard Rozansky . Page 2 We met with you and the City Utility Staff to review the bids received and evaluate alternatives so that the project could proceed. It was determined that the bids received were fair and competitive and that the budgeted estimates were low. We recommend acceptance of the low bid by Florida Environmental Utility Construction, Inc. for the base bid and all three additive bid items for a total of $328.883. It is important to proceed with the rehabilitation of the wastewater treatment plant because in its present state, the corrosion is accelerating. as much of the metal is exposed to the environment. We also believe it is important to proceed with the project as originally planned so that the rehabilitation of WWTP No.1 will be comparable to WWTP No.2. Award of the entire project also keeps the responsibility with one contractor allowing better coordination of all tasks. The low bidder is qualified to perform the work and have provided services to the City on Lift Station 5 and the hYdropneumatic tank replacement. If you have any questions. please do not hesitate to call us. . Sincerely, & HOLMES - ENGINEERS, INC. P.E. 1/8 Ll A xc: Doug Taylor Ha rry Ma rt in Leonard Kozlov . :k* T()TAI PAr,"F .nn;.! 'l<l . . . ~R~rEWRTE~ T~ERT~ENT ~LRNT I "F'F:01,,'EMEI'rrs CITY OF WINTE~ SPP.INGS DECEMPER 6. 1989 FLR. t"VI "'O"MENTAL L'O(lRN CONSTRUCTI ON CADDI E RLLEN' S ENVI RON. SUNSKI NE BUI LDI HG TRRVI S IlILLI A~S UTILITY CONST..INC. c.OMFFlr......INC. CONSTRUCTION CO. Q &. Q INC. EQUIP~ENT CO. 1& DEVE:LOf'~ENT CO. COIISrRUCnON CO. ElID ITt~ LOMClUOOD.FLFl. SFlFET~' H"'RElOR.FLA. ~INTEI;: SFRINIlS.FLFl. ERTON f'A"'K.FLFl. LONCl~OOD.FLA. CRSSELBE~R"".FLFt. ."'LRNDO.FLFl. ---------~;~~-----------------------;~;~~-;;;~~----------;~;~~.;.~;~;-.-----..;~;~~-;;;~~---------;~;~~-;;;~~------;~;~~-;;i~~-.-----;~;;~-;;~~E--------;~~~~-;;i~E----- ;~;~-;~O;_._e______-_.__.._--------------_._-~--------_a~_~__~~_______~._____c________.____.______e__.______------------------------.-..-.-.----.-.---.-..--.-.------.- ~R$TE:URTER PACKAGE TRERr~E:NT PLANT I REHAPILITATION <Fl COMPLETE P~DJECT. PUT UITHOUT THE RLTERMRTE ElIO IrE~S) ~ 212218.00 1 "'70C'0. 00 :<:0<l000.00 :<:05000.00 295950.00 27('('<lO.00 ~19('55.00 AOOITlVE BID 1: CHLORINATION S....STE~ <THE RDOITIONAL AMOUNT REQUIREO TQ COMPLETE CHLO~INFlTION S....SrE~) ~<l9(,5.00 T<lOC>O.OO (,9000.00 70000.00 79920.00 '9llll00.00 &2(,(,0.00 ADDITIVE BIO 2: PLANT REUSE S....STE~ <THE ADDITIONAL RMOUNT REQUIRED TO COMPLETE THE FLANT REUSE SYSTEM) ADDITIVE SID 3: SLl'DGE ORYI NO BEOS I"PI<OlJE~ENT (THE ADDITIONRL RMOUNT REQUIRED TO CO~f'LETE THE SLUDGE [>1<"'1 Nil ElI:O 1r'PIi'OVE~ENTS) S76::-5.00 <l2ClClCl.OO ~ElOOO.OO "'l:!lSCIO.OD "'l'!leoo.oo STOOO.OO ('('<lIO.OO ;~;~~-;i~;-.-...-.-------------.--------------~----~--------..------.---------------------.----..-----~.---------------------------------------------------..-.-.------ <eASE ele PLUS RDDITIUE BID ITEMS 1, 2 RND 3) . ll~~~Elll.OO ~ll~ClOO.OO :!I"'lOOOO.OO ~"'lIS00.00 <l~~S80.00 "'l511(,S.00 "'l9~e2~.oo _.______~______._____._____________._____.__.=~_....___._________~.=_.___~___r_________._________.__________-------------------------------------------------------~--- 2:!18.;5.00 .~oo"o. 00 ~OOOO.OO 2ll000.00 lalll0.00 2<l1li225.00 ~(,~OO.oo