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HomeMy WebLinkAbout2013 01 14 Regular 600 Winding Hollow Lot Split Development AgreementCOMMISSION AGENDA ITEM 600 January 14, 2013 Regular Meeting Informational Consent Public Hearings Regular X KS RS City Manager Department REQUEST: Community Development Department - Planning Division requests the City Commission consider approval of The Offices at Winding Hollow, LLC Developer's Agreement (DA) for real property located on the southwest corner of S.R. 434 and Winding Hollow Boulevard. SYNOPSIS: The applicant, The Offices at Winding Hollow, LLC., is requesting approval of a Developer's Agreement (DA) in order to comply with the conditions stipulated within Resolution 2012 -43 as approved by City Commission on December 10, 2012. CONSIDERATIONS: FUTURE LAND USE AND ZONING DESIGNATION FLU: Commercial Zoning: C -2 (General Commercial) APPLICABLE LAW & PUBLIC POLICY Home Rule Powers Florida Statutes City of Winter Springs Comprehensive Plan City of Winter Springs Code of Ordinances CHRONOLOGY • December 10, 2012 — City Commission approved Resolution 2012 -43, which divided a parcel of real property, located on the southwest corner of S.R. 434 and Winding Regular 600 PAGE 1 OF 3 - January 14, 2013 Hollow Boulevard. This approval was subject to the certain conditions that must be memorialized in a Developer's Agreement and recorded against the Interior Lot simultaneously with the recording of the Lot Split Resolution. Conditions of the approval are as follows: 1) The Applicant shall be required to submit permit applications to permit and develop an office park on the Interior Lot; 2) The Applicant shall consent to the City administratively rezoning the Interior Lot to C -1 (Neighborhood Commercial); 3) The Applicant shall consent the Interior Lot being subject to the S.R. 434 General Design Standards for New Development Area; and 4) The Lot Split Resolution shall not be finalized and recorded until such time the binding is finalized and executed. • January 10, 2013 — The Planning & Zoning Board held a public hearing to consider Ordinance 2013 -01, which proposes to administratively rezone 2.9 acres of property located on the west side of Winding Hollow Boulevard just south of S.R. 434, from C- 2 (General Commercial) to C -1 (Neighborhood Commercial). The City initiated the proposed administrative rezoning in order to comply with the conditions stipulated within Resolution 2012 -43 as approved by City Commission on December 10, 2012. DISCUSSION: A Developers Agreement (DA) has been reviewed by staff, the applicant, and the City Attorney. Pertinent elements of the DA are as follows: The applicant seeks the ability to develop six (6) single -story office buildings having a total of 19,000 square feet of space on 2.9 acres of property located on the west side of Winding Hollow Boulevard just south of S.R. 434 and further described as the "Interior Lot" within the attached Sketch & Description. Beginning in November 2012, the applicant submitted a Lot Split application in order to divide an existing 4.12 acre parcel into two (2) lots; one 1.27 acre lot fronting S.R. 434 and one 2.9 acre lot fronting Winding Hollow Boulevard (herein referred to as the "Interior Lot "). The applicant initiated the lot split request in order to purchase the "Interior Lot" for future office development. The City Commission approved Resolution 2012 -43 on December 10, 2012 subject to conditions described within the staff report. In keeping with the provisions of Resolution 2012 -43, the Developer's Agreement memorializes the Conditions and said Developer's Agreement will be recorded simultaneously with the recording of the Lot Split Resolution. 1) The Applicant shall be required to submit permit applications to permit and develop an office park on the Interior Lot; 2) The Applicant shall consent to the City administratively rezoning the Interior Lot to C- 1 (Neighborhood Commercial); 3) The Applicant shall consent the Interior Lot being subject to the S.R. 434 General Design Standards for New Development Area; and 4) The Lot Split Resolution shall not be finalized and recorded until such time the binding is finalized and executed. Regular 600 PAGE 2 OF 3 - January 14, 2013 On January 10, 2013, the Planning & Zoning Board held a public hearing to consider Ordinance 2013 -01, which proposes to administratively rezone 2.9 acres of property located on the west side of Winding Hollow Boulevard just south of S.R. 434, from C -2 (General Commercial) to C -1 (Neighborhood Commercial). The City initiated the proposed administrative rezoning in order to comply with the conditions stipulated within Resolution 2012 -43 as approved by City Commission on December 10, 2012. This administrative rezoning action will be brought to the City Commission after the recording of the Developer's Agreement and the Lot Split resolution. FISCAL IMPACT: While there is no immediately measurable fiscal impact associated with this agenda item, approval of this item does satisfy part of the requirements for allowing the development of 19,000 square feet of office space which will pay ad valorem taxes. A specific fiscal impact report will be presented with the agenda item for approval of the concept plan /final engineering for the project. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney /Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas /Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: The Community Development Department - Planning Division recommends that City Commission approve the Offices at Winding Hollow, LLC Developer's Agreement (DA). ATTACHMENTS: The Offices at Winding Hollow, LLC Developer's Agreement Regular 600 PAGE 3 OF 3 - January 14, 2013 THIS INSTRUMENT WAS PREPARED BY AND SHOULD BE RETURNED TO: Anthony Garganese City Attorney of Winter Springs Brown, Garganese, Weiss & D'Agresta, P.A. 111 N. Orange Avenue, Suite 2000 Orlando, FL 32802 (407) 425 -9566 FOR RECORDING DEPARTMENT USE ONLY LOT SPLIT DEVELOPER'S AGREEMENT THIS LOT SPLIT DEVELOPER'S AGREEMENT (the "Agreement ") is made and executed this day of , 2013, by and between the CITY OF WINTER SPRINGS, a Florida Municipal Corporation (the "City "), whose address is 1126 East S.R. 434, Winter Springs, Florida 32708, THE OFFICES AT WINDING HOLLOW, LLC., a Florida Limited Liability Company, whose principal address is 3437 SE Ankeny St., Portland, OR 97214 ( "Developer "). WITNESSETH: WHEREAS, this Agreement is related to certain real property located in Seminole County, Florida and more particularly described on EXHIBIT "A ", which is hereby fully incorporated herein by this reference (the "Property "); and WHEREAS, Developer is, or will be at the time this Agreement is recorded, the current fee simple owner of the Property; and WHEREAS, Developer previously requested that the City Commission grant a lot split application affecting the Property, which was approved by the City Commission pursuant to Resolution 2012 -43 subject to terms and conditions memorialized in a developer's agreement; and WHEREAS, the Developer desire to construct an office park on the Property in a manner compatible to the surrounding Winding Hollow Subdivision and surrounding neighborhood; and WHEREAS, in furtherance of Resolution 2012 -43, Developer and the City desire to enter into this Agreement to effectuate the lot split and the development of the proposed office park; and NOW THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties mutually agree as follows: Lot Split Developer's Agreement City of Winter Springs and The Offices of Winding Hollow Page 1 of 6 1.0 Recitals; Effective Date. The foregoing recitals are true and correct and are hereby incorporated herein by this reference. The Effective Date of this Agreement shall be ( "Effective Date "). 2.0 Authority. This Agreement is entered into pursuant to the Florida Municipal Home Rule Powers Act. 3.0 Acquisition of Property. Developer agrees to purchase the Property within six (6) months of the Effective Date of this Agreement. Developer may request a six (6) month extension of this time period upon written request to the City. If Developer fails to complete the purchase within said time period (as may be extended by the City), this Agreement shall automatically be deemed null and void and terminated. 4.0 Professional Office Park. Upon purchase of the Property, the City and Developer agree that the Property shall be developed as a professional office park in accordance with all applicable requirements of the City Code unless otherwise mutually agreed to by the parties. 5.0 Administrative Rezoning of Property. In order to facilitate the development of the Property in a manner compatible with the surrounding area, the City agrees, upon the Effective Date of this Agreement, to advertise and proceed with public hearings to amend the Property's Official Zoning Map classification from City "C -2 General Commercial" to City "C -1 Neighborhood Commercial." The aforementioned zoning map amendments shall be subject to Florida law and City Code, and shall be subject to final approval by the City Commission of Winter Springs. No provision of this Agreement shall be construed as guaranteeing that the amendments will be approved by the City Commission. Developer will fully cooperate with the City to achieve the amendment on the terms and conditions set forth herein including, but not limited to, submitting and executing any applications customarily required by the City, if necessary. Developer also agrees not to contest or object to the rezoning of the Property in any manner whatsoever. However, the parties agree that final adoption of the rezoning ordinance will not occur until such time as lot split Resolution 2012 -43 is recorded in the Official Records of Seminole County, Florida by the City. 6.0 Application of the SR 434 General Design Standards for New Development Area. Developer agrees that the Property shall be bound by the provisions of the SR 434 General Design Standards for New Development as set forth in Section 20 -461 et. seq. of the City Code. 7.0 Recordation of the Lot Split Resolution 2012 -43. Resolution 2012 -43 shall not be recorded until such time this Agreement is fully executed by the parties, Developer completes the purchase of the Property pursuant to Section 3.0 of this Agreement, and the conditions set forth in Section 8.0 of this Agreement have been satisfied by the Developer. 8.0 Title Report; Recording of this Agreement. Within five (5) days of closing on the purchase of the Property, the Developer shall submit to the City's Community Development Department Director a title report, certified to the City, evidencing that Developer is the record Lot Split Developer's Agreement City of Winter Springs and The Offices of Winding Hollow Page 2 of 6 owner of the Property and listing any mortgages, liens or other encumbrances on the Property. If the title report lists any mortgage or lien holders affecting title to the Property, Developer shall be required to obtain written, duly executed joinders from said holders consenting to the terms and conditions of this Agreement. This Agreement shall be recorded by the City at such time the City determines, based on the title report and its own due diligence, the Developer is the record owner of the Property and all mortgage and lien holders have consented in writing to the terms and conditions of the Agreement. This Agreement will, when duly executed and delivered by the City and Developer and recorded in the Public Records of Seminole County, Florida, constitute a legal, valid and binding obligation enforceable against the parties hereto and the Property in accordance with the terms and conditions of this Agreement. 9.0 Representations of the Parties. The City and Developer hereby each represent and warrant to the other that it has the power and authority to execute, deliver and perform the terms and provisions of this Agreement and has taken all necessary action to authorize the execution, delivery and performance of this Agreement. Developer represents that it has voluntarily and willfully executed this Agreement for purposes of binding the Property to the terms and conditions set forth in this Agreement. 10.0 Successors and Assigns. This Agreement shall automatically be binding upon and shall inure to the benefit of the City and Developer and their respective successors and assigns. The terms and conditions of this Agreement similarly shall be binding upon the Property and shall run with title to the same. 11.0 Applicable Law; Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. The parties agree that venue shall be exclusively in Seminole County, Florida, for all state disputes or actions which arise out of or are based upon this Agreement, and in Orlando, Florida, for all federal disputes or actions which arise out of or are based upon this Agreement. 12.0 Amendments. This Agreement shall not be modified or amended except by written agreement duly executed by both parties hereto (or their successors or assigns) and approved by the City Commission. 13.0 Entire Agreement; Exhibits. This Agreement and all attached exhibits hereto supersedes any other agreement, oral or written, regarding the Property and contains the entire agreement between the City and Developer as to the subject matter hereof. The Exhibits attached hereto and referenced herein are hereby fully incorporated herein by this reference. 14.0 Severability. If any provision of this Agreement shall beheld 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 of this Agreement. 15.0 Effective Date. This Agreement shall become effective upon approval by the City Commission and execution of this Agreement by both parties hereto. This Agreement is not binding upon the City unless approved by the City Commission and executed by the Mayor. Lot Split Developer's Agreement City of Winter Springs and The Offices of Winding Hollow Page 3 of 6 16.0 Relationship of the Parties. The relationship of the parties to this Agreement is contractual and Developer is an independent contractor and not an agent of the City. Nothing herein shall 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 persons or the public in any manner, which would indicate any such relationship with the other. 17.0 Sovereign Immunity. Notwithstanding any other provision set forth in this Agreement, nothing contained in this Agreement shall be construed as a waiver of the City's right to sovereign immunity under Section 768.28, or other limitations imposed on the City's potential liability under state or federal law. As such, the City shall not be liable, under this Agreement for punitive damages or interest for the period before judgment. Further, the City shall not be liable for any claim or judgment, or portion thereof, to any one person for more than two hundred thousand dollars ($200,000.00), or any claim or judgment, or portion thereof, which, when totaled with all other claims or judgments paid by the State or its agencies and subdivisions arising out of the same incident or occurrence, exceeds the sum of three hundred thousand dollars ($300,000.00). 18.0 City's Police Power. Developer agrees and acknowledges that 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. 19.0 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 to this Agreement in the event of a dispute between the parties. 20.0 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. 21.0 Specific Performance. Strict compliance shall be required with each and every provision of this Agreement. The parties agree that failure to perform the obligations provided by this Agreement shall result in irreparable damage and that specific performance of these obligations may be obtained by a suit in equity. 22.0 Attorney's Fees. In connection with any arbitration or litigation arising out of this Agreement, each party shall bear their own attorney's fees and costs. 23.0 Development Permits. Nothing herein shall limit the City's authority to grant or deny any development permit applications or requests subsequent to the effective date of this Agreement. The failure of this Agreement to address any particular City, County, State and /or Federal permit, condition, term or restriction shall not relieve Developer or the City of the necessity of complying with the law governing said permitting requirement, condition, term or restriction. Without imposing any limitation on the City's police powers, the City reserves the right to withhold, suspend, or terminate any and all certificates of occupancy for any building or unit if Developer is in breach of any term and condition of this Agreement. Lot Split Developer's Agreement City of Winter Springs and The Offices of Winding Hollow Page 4 of 6 24.0 Default; Opportunity to Cure. Should either party desire to declare the other party in default of any term and condition of this Agreement, the non - defaulting party shall provide the defaulting party a written notice of default. The written notice shall, at a minimum, state with particularity the nature of the default, the manner in which the default can be cured, and a reasonable time period of not less than thirty (30) days in which the default must be cured. No action may be taken in a court of law on the basis that a breach of this Agreement has occurred until such time as the requirements of this paragraph have been satisfied. 25.0 Termination. Unless termination of this Agreement is expressly authorized elsewhere in this Agreement, this Agreement may be terminated by mutual written agreement of the parties. IN WITNESS WHEREOF, the parties have hereunto set their hands and seal on the date first above written. ATTEST: By: Andrea Lorenzo Luaces, City Clerk CITY SEAL CITY OF WINTER SPRINGS By: Charles Lacey, Mayor APPROVED AS TO FORM AND LEGALITY For the use and reliance of the City of Winter Springs, Florida only. Date: By: Anthony A. Garganese, City Attorney for the City of Winter Springs, Florida Lot Split Developer's Agreement City of Winter Springs and The Offices of Winding Hollow Page 5 of 6 Signed, sealed and delivered in the THE OFFICE OF WINDING HOLLOW, a presence of the following witnesses: Florida limited liability company Signature of Witness Printed Name of Witness Signature of Witness Printed Name of Witness STATE OF COUNTY OF By: Rick A. Saturn, Manager Date: The foregoing instrument was acknowledged before me this day of , 2013, Rick A. Saturn, as Manager of, The Offices of Winding Hollow, a Florida limited liability company, on behalf of said company. He is personally known to me or produced as identification. (NOTARY SEAL) (Notary Public Signature) (Print Name) Notary Public, State of Commission No.: My Commission Expires: Lot Split Developer's Agreement City of Winter Springs and The Offices of Winding Hollow Page 6 of 6 1-wG) Z C N Q( ) - w W w J � �m < zo Q O I- o a z Li_ - o_ Li � o� 0 J H- w w f 0 >- cnvo�z 0� wwZFY0 0w w -- O ) z Ioommw 0> 1- c <FFo oz LL CD ^W�� C_)D Ow� o_ Q o cL N < 0 W Wz 1- U = w �J I O 1- O (n z Qo uD - z0zI CD m0omDz Z �, Q o� )- w J��zww( 0 >� J w- - LL LJ =wO�mzw 0 UQ w L" w1 CL w �mzQO� W �o �z LLm O �w .es 0 cr)1- ° , 0 0 00ww mz (f) Cn w- � 0 1_ 05 0 m LL CI- > w LLJ < CC U �F I NO Q oLJ_I- OO z Jm mz- O- N 01- -J J L_ 0 U w w < O w 0 Q Iw N0 I- 0 - p 0z0 Cn �� oo °zOZo :i: = - o 1- -, (6 O LINE OF AFORESAID f c �NCi ��b o(flL) U J 0 o DU w Y0 Z0 QLL� 0 -0J Q 0 LiJ m 00-I w0 Z .. Y Cl_ < �mOw �� z w° �w U I- 0 w h Q U Z (1) I- 0< U wO< W m� I~ w LoJ U() (n I- O o „ w- I LLJ w rr) O m 0 �-m �-J w C O N p I Cl- I Z 0< 0 1_ w U � LLJ LLJ m cL z z- w- wz � � Q 0 I CL o v CI- 0 c z0 Z �§ 0_ w Q CD O D LiJ IQ wU 0 LLJLi- QI- O mQ 0 L_0 Zf DESCRIPTION THROUGH RIGHT OF LL 0 z 0 0 w 0 w L N 0 O N N Li 0 w U z (1) 0 SAID SOUTH LINE A z 0 0) LO co d- 00 (f) z w U z w . c� 0z Uz 0 0 � w m m ( ) w 0 w 0 (U) w U O 0) N CONTAINS W U 0 DESCRIBED w 0 N83' 53' 17"E Z 0 0 w o N b 0 0 0 W O -° c n 0w co zy D O O � r 9 rn 0 0 -n D L-0 m0z z-c CT, rn ifi J O W SKETCH OF DESCRIPTION OF (THIS IS NOT A SURVEY) STATE ROAD 434 131.50' R/W 77070 -2518) (FOOT RIGHT OF WAY MAP SECTION NBS53117"E 214.97' 21 5.03' NORTHWEST PARCEL 53,087 sq. ft. 1.2187 acres N83' 48' 59 "E N 5.00' '0 N„ 0 —1 O a W O s rn N io S 83° 53' 17 "W 220.02 53' 17 "E 220.02' N83 J O POINT OF BEGINNING (NORTHWEST PARCEL) rn r z rn 0 N) 0' co 0 0 0 0 SOUTHWEST PARCEL 126,764 sq. ft. 2.9101 acres 0 0 rn O O W o. rri WEST RIGHT OF WAY LINE WINDING HOLLOW BLVD NORTHEAST PARCEL (NOT INCLUDED) z S8548'59"W 0 5.00 0 V 0 83° 53' 17 "E 219.97 N CO 0 0o 4. vn 0 u z 0 z 0 I 000 0 - r ,,r iO Dc co c0 O tO C r 4 ril O C 3,- O O J O J SOUTH LINE OF LOT 25 ° 8' 59"W 220.02' S83 4 N 83°48'59"E 280.03' w O 0 J vi Zo (0 SOUTHEAST PARCEL 126,656 sq. ft. 2.91 acres (NOT INCLUDED) EAST RIGHT OF WAY LINE WINDING HOLLOW BLVD POINT OF BEGINNING (SOUTHWEST PARCEL) POINT OF COMMENCEMENT (NORTHWEST PARCEL) SW CORNER, LOT 25, BLOCK D D R MITCHELL'S SURVEY OF THE LEVY GRANT PLAT BOOK 1, PAGE 5 0 ,o 0 -o r rr r- 7, �o 00 N 0704, 00 -o �, _ m "' r 3 0 z CD O J O W O m J 01 J N ° 48' 59 »W 219.97 S83 O NORTH LINE UNF WINDING IT 1 (PLAT BOOK 47, PAGES 94 -96) 110' FLORIDA POWER 8c LIGHT AGE PAY RAW AGREEMENT (ORB 183, P AND ORB 148, PAGE 79) N SHEET 2 OF 2 HENRI CH -LUKE & SWAGGERTY, LLC surveyors & mappers 165 Middle Street Suite 1101 Lake Mary, Florida 32746 (407) 647 -7346 FAX (407) 647 -8097 Licensed Business No. 7276 Job No: E -8691 Date: 10 -18 -12 Drawn By: MIL Scale: 1"=100' NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. SEE SHEET 1 OF 2 FOR DESCRIPTION AND SIGNATURE