HomeMy WebLinkAbout2002 10 14 Public Hearings B Second Reading - Ordinance 2002-29 Vacate and Abandon a Segment of Old Sanford Oviedo Road
COMMISSION AGENDA
ITEM B
Consent
Information
Public Hearin
Re ular
x
October 14. 2002
Meeting
M~ /Dep~A
REQUEST: Community Development Department presents to the Commission, the second
reading of Ordinance No. 2002 - 29, to vacate and abandon a segment of Old
Sanford Oviedo Road right-of-way (ROW) and authorizing the City Manager to
enter into a development agreement defining the terms ofthe abandonment
suitable to the City.
PURPOSE: The purpose ofthis agenda item is to present to the Commission, the second
reading of Ordinance No. 2002 - 29, to vacate an approximately 50 foot-wide and
approximately 387 foot-long segment of Old Sanford Oviedo Road ROW,
extending through a portion of Lot 13 of Block C ofD. R. Mitchell's survey of the
Levy Grant, recorded in Plat Book 1, Page 5 of the public records of Seminole
County, Florida.
CONSIDERATIONS:
The applicant, Vincent Contestabile, President of Affordable Tire, Inc., requests
the City vacate a segment of the Old Sanford Oviedo Road ROW that extends
through a portion of his site.
A structure had been located across this un-used public ROW prior to the fire that
damaged much of the site last winter. The structure was destroyed and cannot be
rebuilt over the ROW. Mr. Contestabile states that he will be moving his tire
recycling operation to another site. To vacate the ROW would appear to make the
site more marketable and/or make the site easier to re-develop.
Mr. Contestabile presently has a fence and other chattel that appear to extend
beyond his eastern property line and into the un-named 50 foot-wide public ROW
that extends generally north and south along the eastern boundary of his site (not
October 14,2002
Public Hearing Item B
Page 2
the ROW where the vacation is requested). The City needs this area cleared for
up-coming public works projects.
Seminole County had been in charge of the Old Sanford Oviedo Road ROW but
transferred ownership, jurisdiction, and responsibility for this and other roads to
the City via an inter-local agreement in return for assigning other roads to the
county.
The Cross-Seminole Trail is proposed to extend through this general area (please
see attached maps). To ensure that the City would not be jeopardizing this
extension of the trail, staff coordinated with the county's Special Projects Team
(the county staff who plan the trail). The Special Projects Team studied the ROW
and the nearby topography and requested that, ifthis segment of the Old Sanford
Oviedo Road ROW were vacated, the City require a 20 foot-wide perpetual trail
construction easement be dedicated on this site from the northeast comer of the
site to the northwest corner ofthe existing utility easement, parallel and
contiguous to the north property line of the Affordable Tire site. This would
provide Mr. Contestabile with additional land in a more useable and marketable
configuration and also provide adequate land for the extension of the trail.
Staffhas contacted the Seminole County Special Projects Team twice since the
September 23, 2002, first reading, requesting draft trail easement language and
informing them of the October 14, 2002, second reading. No draft easement
language has been received.
The City Attorney has prepared a Development Agreement that addresses the
ROW vacation, trail easement, and removing the fence and other material from
the un-named 50 foot-wide public ROW that abuts the east side of the applicant's
site.
This public hearing does not address any site plan and will not constitute or
convey approval to rebuild the site. Such approval can only go through the
prescribed site plan review process set forth in Chapter 9 of the City Code of
Ordinances.
APPLICABLE LAW:
CHARTER. ARTICLE IV. MAYOR AND CITY COMMISSION
Sec 4.14. Actions requiring an ordinance.
In addition to other acts required by law or by specific provisions of this Charter
to be done by ordinance, those acts of the city commission shall be done by
ordinance which:
2
October 14, 2002
Public Hearing Item B
Page 3
(6) Conveyor lease or authorize the conveyance or lease of any land of
the city;
Section 4.15. Ordinances in general.
(a) Form. Every proposed ordinance shall be introduced in writing in the form
required for final adoption. No ordinance shall contain more than one subject
which shall be clearly expressed in its title. The enacting clause shall be "The
City of Winter Springs hereby ordains ....."
(b) Procedure. An ordinance may be introduced by any member at any regular
or special meeting of the commission. Upon introduction of any ordinance, it
shall be read in its entirety; provided however the said reading may be by title
only if all members of the city commission so vote. All ordinances shall be read
twice, the second reading of any ordinance shall be by title only and shall follow
the first by a minimum often (10) days; provided however, this requirement may
be waived by a unanimous vote of all five (5) members of the commission. All
ordinances shall be posted in the city hall for thirty (30) days after their first
reading.
(c) Effective date. Except as otherwise provided in this Charter, every adopted
ordinance shall become effective at the expiration of thirty (30) days after
adoption or at any date specified therein.
Section 4.16. Authentication and recording; codification.
The mayor and the city clerk shall authenticate by their signatures all ordinances
and resolutions adopted by the city commission and the city clerk shall record in
full in a properly indexed book kept for that purpose all such ordinances and
resolutions.
FINDINGS: 1) Vincent Contestabile requests the City vacate the approximately 50 foot-wide
and 387 foot-long portion of Old Sanford Oviedo Road ROW that extends
through his portion of Lot 13 ofD. R. Mitchell's Survey of the Levy Grant, as
recorded in Plat Book 1, Page 5 of the public records of Seminole County,
Florida.
3
October 14, 2002
Public Hearing Item B
Page 4
2) The City Public Works/Utility Director has no objection to this portion of the
Old Sanford Oviedo Road ROW being vacated.
3) The fence and other chattel associated with the Affordable Tire site appear to
be located in the adjacent un-named 50 foot-wide ROW that the City needs clear
access through for Public Works projects.
4) Seminole County has plans to extend the Cross-Seminole Trail through this
general area.
5) Staff coordinated the request to vacate with the Seminole County special
projects team, who plan the trail.
6) The Seminole County Special Projects Team has reviewed the requested ROW
vacation in conjunction with the needs (e.g. legal access and topography) for
extending the Cross-Seminole Trail through this general area.
7) The Seminole County Special Projects Team requests that if this segment of the
Old Sanford Oviedo Road ROW were vacated, that the City require a 20 foot-
wide conservation easement be dedicated for a perpetual trail construction
easement from the northeast boundary of the site to the northwest corner of the
existing utility easement, parallel and contiguous to the north property line of the
Affordable Tire site.
8) The City Attorney has drafted a development agreement, addressing the ROW
vacation, trail easement, and removal of a fence and other material from the un-
named 50 foot-wide ROW that abuts the east side of the applicant's property.
CHRONOLOGY:
July 11, 2002 Request to vacate received by the City.
August 21, 2002 - Seminole County Special Projects Team letter sent to City
September 23, 2002 - First reading of Ordinance No. 2002 - 29
4
October 14,2002
Public Hearing Item B
Page 5
RECOMMENDATION:
Staff recommends the City Commission consider and approve Ordinance No. 2002-21, subject to
the applicant signing a development agreement addressing, at minimum, the following items as
conditions for vacating the proposed portion of the public right-of-way: (1) dedicating a 20 foot
wide easement, as requested by the Seminole County Special Projects Team, and (2) removing
the fence and other chattel from the 50 foot-wide un-named ROW adjacent to the east side of the
Affordable Tire site, and authorizing the City Manager to execute the agreement on behalf of this
Commission.
ATTACHMENT:
A - Proposed Ordinance No. 2002-29
B - Survey sketch
C - Cross Seminole Trail extension maps and information
D - Seminole County Special Projects Team letter
E - Development Agreement
COMMISSION ACTION:
5
Sent By: BROWN,WARD,SALZMAN&WEISS,P.A. i 407 425 9596;
Sep-18-02 12:37PMj
Page 2/4
ATTACHMENT A
ORDINANCE NO. 2002~29
AN ORDINANCE Of THE CITY OF WINTER SPRINGS,
FLORIDA, VACATING, ABANDONING AND CLOSING
THAT PORTION OF THE OLD SANFORD OVIEDO ROAD
RIGHT-OF-WAY LOCATED ON THE WEST SIDE OF AN
UNNAMED 50-FOOT-WIDE RfGHT-OF-W A Y, AND
EXTENDING APPROXlMA TEL Y 387 FEET THROUGH
PART OF LOT 13, BLOCK C, OF D.R. MITCHELL'S
SURVEY OF THE LEVY GRANT, AS RECORDED IN PLAT
BOOK 1, PAGE 5, OF THE PUBUC RECORDS OF
SEMINOLE COUNTY, FLORIDA, PROVIDING FOR
CONFLICTS, SEVERABILITY AND EFFECTIVE DAIT.
WHEREAS, the City Commission ofthe City of Winter Springs, Florida finds that the City
has no public use of the aforementioned segment of the Old Sanford Oviedo Road right.or-way; and
WHEREAS, the City Commission of the City of Winter Springs, Florida, hereby finds this
ordinance to be in the best interests of the public health, safety, WId welfare of the citiL.ens of Winter
Springs
NOW, THEREFORE, THE CITY COMMISSION OF THE CITY Of WINTER
SPRINGS HEREBY ORDAINS, AS FOLLOWS:
way:
Section 1. The City hereby vacates, abandons and closes the following described right-of-
THAT PORTlON OF OLD SANFORD OVIEDO ROAD LYING WlTHTNLOT 13
NORTH OF THE RAILROAD RIGHT -OJ.- WAY (LESS ROAD), BLOCK C, D.R.
MITCHELL'S SURVEY OF THE LEVY GRANT, AS RECORDED IN PLAT
BOOK I, PAGE 5, OF THE PUBLIC RECORDS OF SEMINOLE COUNTY,
FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF LOT 13, BLOCK C, D.R.
MITCHELL'S SURVbY OF TIlE LEVY GRANT, AS RECOROED IN PLAT
BOOK 1, PAGE S, PUBLIC RECORDS OF SEMINOLE COUNTY, fLORfDA,
RUN SOUTH 08 DEGREES 32' 54" EAST ALONG THE WEST lUGHT -OF-W A Y
LINE OF AN UNNAMED ROAD, 99.53 FEET TO THE POINT OF BEGTNNING;
THENCE CONTrNUE ALONG SAID WEST RIGHT-OF- WAY LINE SOUTH 08
DEGREES 32' 54" EAST, 53.50 FEET; THENCE DEP ARTINO THE AFORESAID
WEST RIGHf-OF-WAY LINE NORllI 77 OEGREES 42' 36" WEST ALONG
City of Wmter Sprillgs
Ordinance No. 2002-29
Page 1 of 3
S~nt By: BROWN,WARD,SALZMAN&WEISS,P.A.j 407 425 9596;
Sep-18-02 12:38PMj
Page 3/4
THE SOUTHERLY RIGHT-Of-WAY LINE OF OLD SANFORD OVIEOO
ROAD, 318.74 FEET; THENCE NORTH 32 DEGREES 42' 36" WFST ALONG
SAIDSOUTHERL y RIGHT-OF-WAY LINE, 68.38 FEET TO THE NORTIIDRL Y
LINE OF THE AFORESAID LOT 13, BLOCK C: THENCE NORTH 85
DEGREES 26' 39" EAST ALONG SAID NORTHERLY LINE OF LOT 13,56.71
FEET; TIffiNCE DEPARTING SAID NORTHERLY LINE SOUTH 32 DEGREES
42' 36" EAST ALONG THE NORTHERLY RJGHT-OF-WAY LINE OF OLD
SANFORD OVIEDO ROAD 20.91 FEET; THENCE SOUTH 77 DEGREES 42' 36"
EAST ALONG SAID NORTHERLY RIGHT-Of-WAY LINE, 290.00 FEET TO
THE POINT OF DEGINNING.
Section Z. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
inconsistent ordinances and resolutions adopted by the City Commission, or parts of ordinlUlCes and
resolutions in conflict herewith. are hereby repealed to the extent of the conflict.
Section 3. Severability. [f any section, subsection, sentence, clause, phrase, word or
provision of this ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, whether for substantive, procedural, or ally other rea.'K>n, such ponion shall
be d~emed a separate, distinct and independent provision, and such holding shatJ not affect the validity
of the remaining portions ofthi~ ordinarn::e.
Settion 4. Effedive Date. This Ordinance shall become effective immediately upon
adoption by the City Commission of the City of Winter Springs, Florida, and pursuant to the City
Charter.
ADOPTED by the City Commission of the City of Winter Spring~,. Florida, in a public
hearing assembled.(fntne-~.day of --. ,2002.
PAUL P. PARTYKA
Mayor
ATTEST:
ANDREA LORENZO-LUACES
City auk
City of Winter Sprill!;s
Ordinance No. 2002-29
Pa~e 2 of ]
!nt By: BROWN,WARD,SAlZMAN&WEISS,P.A.;
407 425 9596;
Approved as to legal form and sufficiency for
the City of Winter Springs only:
ANTHONY A. GARGANESE, City Attorney
First Reading:
S~ond Reading:_
Effective Date:
r: \lAx>lCiry v!' W,nlr.r lIrrll1&i'OnJlllftncC.\ V"".tdWWO"JNnZOO2.211 '"1'''''
City of Winter Sprinw;
Ordinance No.2002-2Y.
Page 3 of J
Sep-18-02 12:39PMj
Page 4/4
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ATTACHMENT B
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ATTACHMENT C 6 :..:~
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Seminole County has begun the final design and
environmental permitting services for the Cross
Seminole Trail North. Improvements to the existing
Cross Seminole Trail Corridor between Wade Street
and Gardena Avenue, approximately 3.5 miles, will
include a 15' wide paved trail and a 6-8' wide unpaved
trail for hiking and equestrian use. Part of this
process is receiving public input about the project.
You are invited to attend a Project Information
Meeting to be held at 6:00 p.m. on Wednesday,
July 17,2002 at the Winter Springs High School
Cafeteria. The workshop will provide you with an
introduction to the project, the status of the design
to date and an opportunity for you to ask questions
and provide your input into the design process,
6:00 p.m, - Informal Open House
7:00 p.m. - Formal Presentation
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Project Contact Information
If you have questions or comments regarding
this project, please contact:
David Martin, P.E., Principal Engineer
Seminole County Engineering
520 W, Lake Mary Boulevard, Suite 200
Sanford, Florida 32773
Phone: (407) 665-5610 Fax: (407) 665-5772
dwmartin@co.seminole,fl,us
Derek Dean, P.E., Sr. Project Engineer
Inwood Consulting Engineers, Inc.
3504 Lake Lynda Drive, Suite 410
Orlando, Florida 32817
Phone: (407) 273-3661 Fax: (407) 273-3662
ddean@inwoodinc.com
Cross Seminole Trail North
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Trails
Existing Trail
-Planned Trail
Project Area
1000 1000 Feel
Just a Click Away
For updated trail information go to the Seminole County Wel)5Ite:
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Project Schedule
The Cross Seminole Trail North Final Design began in January 2002 and will conclude at the end of
the year. The project schedule is included below.
, . p'roject Schedu,le .
\ Study 2002 ,r-' 2003
Task Jan Feb March April May June July Aug Sept Oct Nav Dee Jan Feb Mar
Collection l'~iiI.
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ATTACHMENT D
ENGINEERING DIVISION
PUBLIC WORKS DEPARTMENT
August 21, 2002
Vincent A. Contestabile
Affordable Tire, Inc.
200 Old Sanford Orlando Road
Winter Springs, FL 32764
RE: Old Sanford Oviedo Road ROW Vacate & Easement Exchange
Dear Mr. Contestabile:
The Seminole County Special Projects Team will support the Winter SprIngs
Development Review Committee in the vacation of the ROW that bisects the Affordable Tire,
Inc. Property Parcels numbered 26-20-30-5AR-OCOO-013E and 26-20-30-5AR-OCOO-013F
(known as the old Sanford Oviedo Road in Winter Springs) in exchange for a 20' wide perpetual
Trail construction easement from the NE boundary of the property to the NW boundary of the
existing utility easement.
The requested easement is to be parallel and contiguous to the North property line of the
Affordable Tire, Inc. property as described on the Sketch of Legal Description, dated 04/02/02
and provided by the LandTech Surveying & Mapping Corp., of Oviedo, Florida.
This land swap would provide an undivided parcel for the landowner to develop while providing
the County with the necessary easement to meet future Trail development needs for this fast
growing area of Winter Springs.
. Should you have any other questions or require additional information, please contact me
concerning this matter.
R::l;2itJi-
Frank Van Pelt, CPM
Special Projects Team
FVP/ht
CC: Jerry McCollum, P.E., County Engineer
Mahmoud Najda, P.E., Development Review Manager
Neil Newton, Sr. Right of Way Coordinator
Kimberly Dixon, P.E., Special Projects
Mark Lichtenheld, Lead Tech, Special Projects
. John Baker, AlCP, City of Winter Springs Planning Coordinator
520 West lake Mary Boulevard Suite 200 Sanford Fl 32773-7424 Telephone (407) 665-5674 Fax (407) 665-5789
ATTACHMENT E
To be provided by
City Attorney
~
Prcpj\rcd by and retUnl to:
Anthony A. Gargancsc. Esq.
Cily Altomey for City of Cocoa
Brown, Ward, Sal:l.man & Weiss. PA
POBox 2873
Orlando. FL 32802-2873
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DEVELOPMENT AGREEMENT
An Agreement made and enter~ into as of this _ day of _ 2002 by and between
VINCENT A. CONTEST ABILE. herein referred to as "Developer" and the CITY OF WINTER
SPRINGS. a municipal corporation existing under the laws of the State of Florida, herein referred
to as "City II
RECITALS
WHEREAS, this Development Agreement ("Agreement") is authorized pursuant to tbe
Florida Municipal Home Rule Powers Act; and
WHEREAS, Developer- desires the City to vacate its interest in a section of the Old Sanford
Oviedo Road Right-of-Way extending through a portion of Developers property, as is more
particularly de:lJcribed below; and
WHEREAS, the City does not object to vacating its interest in the aforementioned right-of-
way, provided Developer agrees to grant an easement for the construction, operation, and
maintenance of the proposed Cross-Seminole Trail and to remove a fence and other personal property
which extend out from the Developer's property and which are located within an unnamed fifty (50)
foot-wide public right-of-way running more Of' less north and south along the eastern boundary of the
Developer's property; and
WHEREAS, Developer and City desire to memorialize their understandings and agreements
regarding their respective interests, expectations, and intentions regarding this Agreement.
NOW THEREFORE in consideration of the terms and conditions set forth in this
Agreement, and other good and valuable consideration. the receipt of which is hereby acknowledged
by the parties, the City and Developer agree to the following:
C:ontestabile - Affordable Tire, Inc.
Development Agreement
Page 1 of 8
I.
IncOIporation of Recitah.
The foregoing recitals arc true and correct and are hereby fully inc<?rporated herein by this
reference as a material part of this Agreement.
11.
Developer Representations and Authoritt.
The Developer represents and warrants that he is the present owner of the Developer
Property, described in Attachment "A" and hils the authority to bind this properly in accordance
with the terms and conditions of this Agreement.
m. Developer's Oblications aod Conditions.
IV.
Upon the Effective Date of this Agreement, the Developer agrees as foUows:
a)
to remove within sixty (60) days, at the Developer's sole expense, all personal
property. including but not limited to fencing, which emanates trom the Developer's
Property and which is located within the unnamed fifty (50) foot-wide public right-of-
way. which runs generally nonh and south along the eastern boundary of the
Developer's property, and is depicted in the sketch attached as Attachment "B"; and
b)
to grant a twenty (20) foot-wide perpetual easement in favor of the City of Winter
Springs and its assigns, af; provided in the Easement Agreement attached hereto as
Attachment "C", running from the northeast corner ofLhe Developer's Property to
the northwest comer of the existing utility easement, running more or less parallel and
contiguous to the north property line of the Developer's property, for the
construction, operation and maintenance of the proposed Cross. Seminole Trail.
c)
to allow ingress and egress upon the Developer's Property by City employees or
agents in order to conduct a survey of the easement area and preparation of a legal
description to be attached to the easement agreement described above and attached
hereto and executed by Developer contemporaneously with this Agreement. Upon
completion of the legal description the City may record the easement without further
notice to Developer.
City's Obligations a~d Conditions.
Upon the Effective Date oftbis Agreement, the City agrees to vacate an approximately fifty
(SO) foot-wide and approximately three-hundred eighty seven (387) feet -long segment of Old Sanford
Oviedo Road Right-Of-Way, extending through a portion of Developer's Property.
Contestabile - Affordable Tire, fnc.
Development Agreement
Page 2 of R
v.
Periodit Review.
This Agreement shall be subject to periodic review by the parties. Periodically, the City and
Devcloper agree to wopcratc 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
other~' mutual interests.
VI. Cooperation and Further Assurances.
Developer and the City shall cooperate fully with each other to effectuate the terms,
conditions and intentions of this Agreement. Further, each party agrees to adjust. initial, re-execute
and re-deliver any and aU documents subject to this Agreement if deemed necessary or de~irable by
one or the other of the parties.
YD. 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 officjaJ hereinafter designated, or (b) one day
after deposit with a nationally recognized overnight courier ~rvice, e.g. Federal Express, PuroJator,
Airborne, Express Mail etc., or (c) by facsimile delivery. 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:
Developer:
Mr. Vincent A. Conte~tahjle
205 Bedford Road
Altamonte Springs, FL 32714
Phone: 407-
--
Fax: 407-_-_
City:
City of Winter Springs
Attention: Mr. Ron McLemore, City Manager
1126 East S.R. 434
Winter Springs, FL 32708
Phone: 407-327-1800
.Fax: 407-327-4753
Contestabile - Affordable Tire, Ine
Development Agreement
Page 3 o( 8
With copy to:
Anthony A. Garganese, Esq.
City Attorney for the City of Winter Springs
Brown, Ward, Salzman & Weiss, P.A
225 E. Robinson Street - Suite 660
f> 0 Box 2873
Orlando. FL 32802
Phone: 407.425-9566
fax: 407-425-9596
VID. Defaults.
Failure by either party to perform each and every one of its obligations hereunder shall
constitute a default, entitling the non-defaulting party to pursue whatever remedies are available to
it under Florida law or equity including. without limitation, an action for specific performance and/or
injunctive relief. Prior to any pany filing any action as a result of a default under this Agreement, the
non-defaulting party shall first provide the defaulting party with written notice of said default Upon
receipt of said notice, the defaulting party shall be provided a thirty (30) day opportunity in which to
cure the defauh to the reasonable satisfaction of the non-detaulting party prior to filing said action.
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.
IX.
Successors and ~ssign5.
This Agreement shall automatically be binding upon and shall inure to the bene1it of the
suCcessors and assigns of each of the parties.
x.
Applicable Law.
TIus Agreement shan be governed by and construed in accordance with the laws of the State
of Florida.
XI.
Amendments.
This Agreement shall not be modified or amended except by written agreement duly executed
by both parties hereto.
XI.
Entire Aereeme"t.
This Agreement supersedes any other agreement. oral or written, and contains the entire
agreement between the City and Developer as to the subject matter hereof
Contcstabile - Affordable Tire, Inc.
Development Agreement
Page 4 of K
XU. SeverabilitI.
Jf any provision of this Agreement shall be held to be invalid or unenforceable to any extent
by a court of competent jurisdiction, the same shall not affect in any respect the validity Or
enforceability of the remainder oftrus Agreement.
xm. Effective Date.
This Agreement shall become effective upon approval by the City Commission of Winter
Springs and execution of this Agreement by both parties (the "Effective Date").
XIV. Recordation.
This Agreement and any amendments hereto shall be recorded in the public records of
Seminole County, Florida and ~hall run with the Developer Property.
XV. Rehttionship of the Parties.
The relationship of the partie!' to this Agreement is contractual and Developer is an
independent contractor and not an agent of the City. Nothing herein shan be deemed to create a joint
venture or principal-agent relationship between the parties. and neither party is authorized to, nor
shall either party act toward third per!'on!\ or the public in any manner which would indicate any such
relationship with thc other.
XVI. Sovereign Immunity.
Nothing contained in this Agreement shall be construed as a waiver of the City's right to
sovereign immunity under Section 76828, Florida Statutes, or any other limitation on the City's
potential liability under state and federal law.
XVII.
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.
xvm.
Force Maienre.
The parties agree that in the event that the failure by either party to accomplish any action
required hereunder within a specified time period ("Time Period") constitutes a default under the
tenns of this Agreement and. if any such failure is due to any unforeseeable or unpredictable event
or condition beyond the control of such party. including, but not limited to, acts of God, acts of
govenuncnt authority (other than the City's own acts), acts of public enemy or war, riots, civil
disturbances, power failure, shortages of labor or materials, injunction or other court proceedings
Contestabile - Affordable Tire, Inc.
Development Agreement
Page S of 8
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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.
XIX. 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.
XX. Permits.
The failure of this Agreement to address any particular City, county, state, and federal permit,
condition, term, or restriction shall not relieve Developer or the City of the necessity of complying
with the law governing said permitting requirements, conditions, term, or restriction.
XXI. Third Pam Ri2bts.
This Agreement is not a third party beneficiary contract and shall not in any way whatl:Qever
create any rights on behalf of any third party.
xxn.
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.
xxm.
D~laration of the City Commission of Winter Sprinp.
Provided the Developer complies with the tenns and conditions of this Agreement, the City
Commission of the City of Wmter Springs hereby finds 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 City Commission further finds 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 $. 2(b), Article VTn of the Florida Constitution and
Chapter 166.021, Florida Statutes~ and the City's police powers.
XXIV.
Conflict with City Code.
To the extent the City Commission determines there is a specific conflict between the
provisions of the City of Winter Springs Code and this Agreement, the parties agree that the
provisions of this Agreement shall control 8S if approved by the City Council as a legislative act.
Contestabile . Affordable Tire, Inc.
Development Agreement
Page 6 of 8
IN WITNESS WHEREOF. Developer and the City have e.'(ocuted this Agreement in form
sufficient to bind them as of the day and year first above written.
Witnesses:
DEVELOPER
Print Name:
VINCENT A. CONTESTABILE
Print Name:
ST A TE Of' foLORIDA
COUNTY OF SEMINOLE
The foregoing instrument was acknowledged before me this day of .2002 by
VINCENT A. CONTESTABTLE, an individual, who executed the foregoing instrument and
acknowledged before me that he executed the same for the uses and purposes therein expressed and
o who is personally known to me or 0 who has produced as identification and
who did not take an oath.
(NOTARY SEAL)
Notary Public Signature
Typed or Printed Notary Name
Notary Public-State of
Commission No.:
My commission expires:
Contestabile - Affordable Tire, Inc.
Development Agreement
Page: 7 of 8
WiJne.fses:
CITY OF WINTER SPRlNGS, a municipal
corporation existing under the laws of the
State of Florida,
Print Name:
By:
Paul P. Partyka
Its Mayor
Print Name:
ST ATE OF FLORIDA
COUNTY Of' SEMlNOLE
The foregoing instrument was acknowledged before me this _ day of
2002 by PAUL P. PARTYKA, Mayor of the City ofWmter Springs. 0 who is personally known to
me and 0 who did not take an oath.
(NOTARY SEAL)
Notary Public Signature
Typed or Printed Notary Name
Notary Public-State of Florida
Conunission No.:
My commission expires:
F :\Lawyc:r\jettb\City of Winll:r SPTingS\Agrecmcnls\COlltestabile lkv ^tI1 009G2. wpd
Contestabile - Affordable Tire, Inc.
Development Asreement
Page 8 of 8
Attachment" AU
Lot 13 of Block C ofD.R. Mitchell's. survey of the Levy Grant. recorded in Plat Book I, Page 5
of the publjc Records of Seminole County, Florida.
and as identified by the Seminole County Property Appraiser 26-20-30-5AR-OCOO-013E and 26-
20-30- 5AR-OCOO-0 13F.
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Prepared by and return to;
Anlhony A. Gargancsc. City Attorney
City of Winter Springs
1126 E.1st State Rolld 414
Winter Springs, Florida 32708
A TTACRMENT "e"
EASEMENT AGREEMENT
THIS EASEMENT is made this . day of , 2002, by VINCENT A.
CONTEST ABILE. an individual ("Grantor"), having a mailing address of 205 .Bedford Road.
Altamonte Springs, Florida 32714, in favor of the CITY OF WINTER SPRINGs, FLORIDA, a
Florida municipal corporation ("Gt-antee"), having 11 mailing address of 1126 East State Road 434,
Winter Springs) Florida 32708/
WITNESSETH:
WHEREAS, Grantor is fee simple owner of certain real property located within the City of
Winter Springs. Florida; and
WHEREAS, the Grantor desires to convey an easement to Grantee, or its assigns, in
perpetuity for purposes of allowing the construction, operation and maintenance of the Cross-
Seminole Trail,' and
-1.
WHEREAS. the Cross-Seminole Trail is a recreational trial system currently being
constructed by Seminole County and participating municipalities so that the puhlic can enjoy
recreational activities such as. jogging, rollerblading, horseback riding, walking, and bikin~ and
WHEREAS, the Grantor and Grantee believe that this easement is in the best interests of the
public health, safety, Bnd welfare.
NOW, THEREFORE, in consideration of the mutual covenants, terms, and conditions and
restrictions contained herein. together with other good and valuable: consideration. the receipt and
sufficiency of which is hereby acknowledged. the parties agree as follows:
1. Incorporation of Recitals. The foregoing recitals are hereby incorporated herein
by this reference.
2. Grant of Easement. Grantor hereby voluntarily grants and conveys to Grantee. its
Pa~ 1 of 4
5UCCessors and assigns, subject to any previously duly recorded easements or grants of record, a
perpetual twenty (20) foot~wide easement over, under. and acrO!i!\ the real property, generally
identified as Tax Parcel Number 26-20-30-5AR-OCOO-013F, from the northeast comer of the parcel
to the northwest corner of the existing utility easement, running parallel and contiguous to the north
property line of the Grantor's property, as depicted upon Emibit "A" a.ttached hereto and
incorporated herein by this reference. and said Easement being more: particularly described by the
legal description attached hereto as Exhibit "B", which is attached hereto and fully incorporated
herein by this reference, of the nature and character and to the extent hereinafter set forth (Easement).
J. Purpose of Easement. This Easement is granted for the express purpose of allowing
Grantee or its assigns to construct, operate, and maintain a portion of the Cross-Seminole Trait for
the benefit of the public. It is also the express purpose of this Easement to provide Grantee and the
public unconditional ingress and egress to, over, across, under and from the Easement Property for
the purposes stated herein.
4. Grantor's Use. Grantor agrees that Grantor will not permit any buildings, Structures
or obstacles to be located or constructed within the Ea,qement, unless Grantee agrees, within its sole
diwetion, to said location or construction.
5. Easements Run with the Lagd. This Easement shall remain a charge against the
Easement Property. Therefore, this Easement shall run with the land and be automatically assigned
by any deed or other conveyance conveying the Easement Property, or a portion thereof, relating to
this Easement, even though the conveyance makes no reference to this Easement as such.
6. Attorneys Fees. 1n the event of any legal action arising under this Easement
between the parties, the parties agree to incur their own attorney's fees, court costs and expenses,
through aU appellate proceedings.
7. Reeordation Grantee shall record this instrument in a timcly fashion in the Official
Records of Seminole County, Florida and may re.record it at any time as may be required to preselVe
its rights in this Easement.
8. Successors. The covenants, tenns, conditions, rights, and restrictions of this
Easement shall be binding upon, and inure to the benefit of the paniell hereto and their respective
personal representatives, heirs. successors and assigns and shall continue as a servitude running in
perpetuity with the Property.
9. No Repres~ntationl and Warrantiaa Grantor makes no express or implied
representations or warranties under this Easement.
10. EntireAereem~Jl!. ThisEasemcnt constitutes the full and entire agreement between
the parties hereto and supercedes any oral or written prior communications between the parties
P8~ 2 of 4
related to the subject matter contained in this Easement. The laws of Florida shall govern this
Easement .
11. Sovereien Immunitt. Nothing contained in this Easement shall be construed as a
waiver of the Grantee's right to sovereign immunity under Section 768.2S. Florida Stahltes, or other
limitations imposed on the Grantor's potential liability under state or federal law.
12. Modification. This Easement shall only be modified by a written instrument
executed by the parties hereto or any successor, assigns, heirs, or representatives thereto.
13. Grantor's Duty of NoninterfereDc~. Grantor agrees not to interfere or allow
others to interfere wlth Grantee's rights to use the Easement Property as specifically set forth herein
14. Permit.ll. G1-antee shall be solely responsible and liable for complying with any local,
state, or federal permit requirements, obligations, Md duties (if any) related to the construction,
operation, and maintenance of the Cross-Seminole Trail to be located within the Easement Property.
TN WITNESS WHEREOF, Grantor and Grantee have set their respective hands on the day
and year first above written.
WITNESSES:
GRANTOR:
Print Name:
Vincent A. ContestabiJe
Print Name:
STATE O.ll FLORIDA
COUNTY OF SEMINOLE
The foregoing instrument was acknowledged and sworn to before me this day of
J 2002, by , 0 who is personally known to me or 0 has
produced as identification.
NOTARY PUBLIC
My Commission Expires:
Page] of ..
WITNESSES:
GRANTEE
CITY OF WINTER SPRINGS:
By: Ronald W. Mc:umore, City Manager
Print Name:
Print Name:
STATE OF FLORIDA
COUNlY OF SEMINOLE
The foregoing instrument was acknowledged and sworn to before me this day of
, 2002 by Ronald W. McLemore. City Manager. 0 who is personally known to me
or 0 has produced as identificntion.
NOT ARY PUBLIC
My Commi~~ion Expires:
Y;IlAwyMj<fR>ICIIy oMWiem Nptlnll:&IAtn'--..to\('onlftbhll. TYtU 1:__...,..,
Page 4 of 4
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