HomeMy WebLinkAbout2019 01 28 Public Hearings 402 Special Exception for Iriye SuitesCOMMISSION AGENDA
ITEM 402
REQUEST:
Informational
Consent
Public Hearings
X
Regular
January 28, 2019 SB SB
Regular Meeting City Manager Department
The Community Development Department requests the City Commission hold a Public
Hearing to consider a special exception application to permit a multifamily residential
apartment use for the proposed "Iriye Suites" live -work community, located in the T5
Transect of the Town Center on a 1.2 -acre property at 150 Tuskawilla Road.
SYNOPSIS:
The applicant, Mr. John Iriye of Seminole County Development Company, LLC, is
requesting approval of a special exception to permit up to 15 multifamily residential
apartment units at 150 Tuskawilla Road as part of the "Iriye Suites" live -work community.
Pursuant to the Town Center Code, all proposed multifamily residential uses in the T5
transect of the Town Center Zoning District require City Commission approval of a special
exception. Approval of a special exception at this time does not constitute a Final
Engineering Plan review, Aesthetic Review, or issuance of a permit for any kind of
construction.
CONSIDERATIONS:
APPLICANT AND PROPERTY INFORMATION:
Applicant/Property owner's name(s): John Iriye / Seminole County Development Co,
LLC
. Property addresses: 150 Tuskawilla Road
Public Hearings 402 PAGE 1 OF 6 - January 28, 2019
. Property Parcel ID numbers:
. Current FLUM Designation:
. Current Zoning Designations
26-20-30-5AR-OB00-OOU3
Town Center District
Town Center T5 (Urban Center Zone)
. Previously Approved Development permits such as conditional use, waiver, or
variance if any): None
. Development Agreements (if any): None
. Pending Code Enforcement Actions (if any): None
. City Liens if any): None
APPLICABLE LAW, PUBLIC POLICY, AND EVENTS:
Winter Springs Code of Ordinances
City of Winter Springs Comprehensive Plan
Winter Springs Town Center District Code
DISCUSSION:
The applicant, Mr. John Iriye, is requesting approval of a special exception to permit
multifamily residential apartment units on the 1.2- acre property located at 150 Tuskawilla
Road in the T5 Transect (Urban Center Zone) of the Town Center (see Exhibit A —
Location Map). Section 20-323 of the Town Center Code lists the permitted uses and uses
permitted by special exception approval for all transects in the Town Center. Multifamily
residential is only permitted by special exception in the T4 and T5 transects.
The 1.2 -acre property at 150 Tuskawilla Road is located at the southwest corner of
Tuskawilla Road and Blumberg Boulevard. A single-family residence currently exists on
the parcel, which was formerly owned by the Kingsbury family. In 2015, the property was
purchased by Seminole County Development Company, LLC.
The applicant is seeking to remove the single-family residence and build a mixed use live -
work community consisting of both office space and up to 15 multifamily residential units
(see Exhibit B — Site Plan). The project shall consist of two phases. Phase One shall
consist of two (2) two-story buildings (Buildings A and B), comprised of approximately
12,000 square feet. Building A will have eight (8) live -work units (four (4) live -work units
on each floor) and Building B will have two (2) live -work units on the second floor and a
conference room and eight (8) work spaces on the first floor. Phase 2 consists of one (1)
two-story building that is approximately 7,000 square feet and will have five (5) live -work
units. The proposed two (2) phase project consists of three buildings having a total area of
approximately 19,000 square feet. Please see Exhibit C for the Building Elevations.
All residential units will be market rate and will range in size from 465 square feet to 1,370
square feet. Office suites will range in size from 100 square feet to 370 square feet (see
Exhibit D — Floor Plans). In addition to the stand-alone office suites, each residential unit
has a distinct and separate work space attached that is accessible from a separate entrance
point, such that the office space can be accessed without having to enter through the
residential suite. In order to maintain the Project's live -work residential environment, each
live -work unit tenant shall have a tenancy right to access and use the first -floor stand-alone
Public Hearings 402 PAGE 2 OF 6 - January 28, 2019
work space and conference/meeting room in accordance with the terms and conditions of
the tenancy policy established for the Project. The attached work space shall only be
limited to residential use or work related uses that are compatible, incidental and
subordinate to the attached residential use similar to home occupation type uses and in
compliance with applicable City Codes including state fire and building codes. No other
use shall be permitted in the work space in order to preserve the intended purpose of the
Project which is to maintain a "live -work" residential environment for future tenants.
The proposed two-story buildings will front Tuskawilla Road and Blumberg Boulevard. A
total of 46 parking spaces are located in a parking lot behind the building, which can be
accessed from proposed entrance/exit driveways off of Tuskawilla Road and Blumberg
Boulevard. The Developer shall attempt to secure written permission from one or more
adjacent private property owners for temporary and emergency ingress and egress over
such adjacent property that can be used during times that the entrance to the Property from
Blumberg Blvd. and Tuskawilla Rd. may not be available due to special events or road
construction. If written permission is not obtained, then one of the entrances/exits to the
Property, chosen at the City's discretion, shall be available at all times during special
events or road construction. Written permission should be secured no later than the date
that the Developer obtains final engineering approval by the City Commission.
The applicant has provided a parking analysis, pursuant to Town Center Code Section 20-
324(8), which supports the plan to have a total of 46 paved parking spaces, as shown on
the site plan. The applicant has designed the parking lot and site access plan to preserve an
existing 60 -inch oak tree located on the south side of the property. Stormwater is master
planned for this site, and the required stormwater retention is provided at a nearby pond
serving the Town Center.
The applicant has provided a fiscal impact analysis, in accordance with Town Center Code
Section 20-321(b). The fiscal impact analysis indicates the proposed building will have a
taxable value of approximately $1.3 million. The stand-alone office suites and the office
spaces attached to the residential units are expected to attract professional jobs in fields
such as accounting, legal, financial advising, and psychology, according to the special
exception application.
Approval of any special exception at this time does not constitute a Final Engineering Plan
review, Aesthetic Review, or issuance of a permit for any kind of construction. All aspects
of the site are subject to staff review after the applicant submits an application for review
of the Final Engineering Plans and Aesthetic Review.
Special Exception Review Criteria:
Per the Winter Springs Town Center District Code, Section 20-321(c), special exceptions in
the Town Center District must meet the following criteria:
(1) The city commission may by special exception waive strict compliance with provisions
of this code in furtherance of promoting the town center policies adopted by the city. In
granting a special exception, the city commission must find by substantial competent
evidence that:
a. The proposed development contributes to, promotes and encourages the improvement of
the Winter Springs Town Center and catalyzes other development as envisioned in the
Public Hearings 402 PAGE 3 OF 6 - January 28, 2019
Winter Springs Town Center regulations.
The proposed live -work community will be designed to implement the goals and
policies of the Comprehensive Plan as they relate to the Town Center, and to continue
a harmonious land use pattern with existing surrounding development. The site will be
self-sufficient but also open to interaction with the civil, recreation, retail, and social
amenities that the Town Center has to offer. Per the application, "The Winter Springs
Town Center regulations envision a walkable community developed within a high
density urban core. This new facility will fall squarely within the concept envisioned
by the Winter Springs Town Center regulations by creating a place where people can
both live and work within the Town Center. These people, whether tenants, customers,
or employees, will remain within the Town Center for longer periods of time than just
an occasional visit, fostering patronage and participation in existing services and
spaces."
b. The proposed development will not have an unfavorable effect on the economy of the
Winter Springs Town Center and complies with the economic fiscal impact requirements set
forth in the City's Comprehensive Plan and Code.
The proposed development is expected to have a favorable effect on the economy of the
Winter Springs Town Center by generating tax revenue. Residents in the proposed
development may do their shopping, dining, and recreating within the Winter Springs
Town Center, which will be within walking distance. Per the application, "This unique
concept of live work environment will in fact add to the economy by bringing tenants,
jobs, and customers to the Winter Springs Town Center, all of which will benefit the
entire community."
c. The proposed development abides by all rules in this code other than those specially
excepted. Special limitations apply to large footprint buildings (greater than twenty
thousand (20,000) square feet); see subsection 20-324(9) for these limitations.
At this time, the project abides by the code, except for the specific special exception
requested herein. The project is still conceptual in nature, and thus Staff cannot
determine at this time if all aspects the proposed development comply with the
applicable sections of the Town Center District Code.
d. The proposed development meets any reasonable additional conditions, restrictions or
limitations deemed necessary by the city commission in order to preserve and promote the
intent of the Winter Springs Town Center District Code.
The City Commission may impose additional conditions, or more specifically define
and/or restrict the special exception, such as limiting the total number of residential
units to the requested number of 15.
e. With respect to each waiver requested, the specific waiver shall comply with all of the
following:
1. Is a result of special conditions and circumstances which are peculiar to the land,
site plan, structure or building involved and which justify granting the waiver in the
context of the overall proposed development being successful within the town center;
Public Hearings 402 PAGE 4 OF 6 - January 28, 2019
The Permitted Uses matrix in Section 20-323 allows multifamily residential to
be approved by special exception only in the T5 transect.
2. Is the minimum waiver from the town center regulations necessary to make
possible the reasonable use of the land, building or structure;
The requested special exception is the minimum waiver necessary to allow
multifamily residential use in the T5 transect.
3. Is in harmony with the general intent and purpose of the town center regulations;
The special exception to allow a multifamily residential use can be in harmony
with the applicable town center regulations if the final engineering plans and
building aesthetics are prepared in compliance with the Town Center Code.
4. Will not be injurious or incompatible to the town center and any surrounding
neighborhood or property;
The proposed live -work community is relatively small in scale and the proposed
mixed use is not incompatible with the surrounding neighborhood.
5. Will not create a public nuisance or be detrimental to the public health, safety, and
welfare relative to public services including water, sewer, surface water
management, police, fire, parks and recreation, streets and traffic patterns, public
transportation, marina and water ways, bicycle and pedestrian facilities. The
proposed development was designed with the above taken into consideration.
If the use is approved, the proposed development will be required to be
designed in accordance with the Town Center Code, and will be carefully
planned to the Code's standards to ensure there will be no adverse impact on
public services, including water, sewer, surface water management, police fire,
parks and recreation, streets, public transportation, marina and waterways,
and bicycle and pedestrian facilities.
At the November 7, 2018 Planning & Zoning Board meeting, the Board voted 3-1 to
forward a recommendation of approval to the City Commission.
At the December 10, 2018 City Commission meeting, the Commission requested this item
come back for Commission review with an associated Development Agreement. The
Development Agreement is intended to memorialize some of the specifics to this project.
This includes a maximum of 15 multi -family residential dwelling units, eight first floor
standalone office units, and one conference room. The Development Agreement (Exhibit
E) indicates that the Developer will attempt to obtain one or more temporary and emergency
ingress and egress easements to the parking area from one or more of the adjacent property
owners. If this is not possible, at least one of the entrances/exits on Tuskawilla Road or
Blumberg Boulevard shall be made available at all times.
FISCAL IMPACT:
If the special exception is approved, and the project is developed as a mixed use live -work
community, then the project will provide an increase to the City's taxable value. The
Public Hearings 402 PAGE 5 OF 6 - January 28, 2019
potential tax revenue of the proposed project is still to be determined; however, the project
at completion is estimated by the applicant's fiscal analysis to have an assessed taxable
value of $1.3 million.
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 six (6) 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:
Staff recommends that the City Commission hold a Public Hearing and consider the
requested special exception to allow multifamily residential use in the T5 Transect of the
Town Center. If the Commission is inclined to approve the special exception, Staff
recommends the special exception be subject to the terms and conditions of the attached
Developer's Agreement
ATTACHMENTS:
1. Exhibit A
— Location Map (1 page)
2. Exhibit B
— Site Plan (1 page)
3. Exhibit C
— Building Elevation (1 page)
4. Exhibit D
— Floor Plans (2 pages)
5. Exhibit E -
Developer's Agreement (8 pages)
Public Hearings 402 PAGE 6 OF 6 - January 28, 2019
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THIS INSTRUMENT WAS PREPARED BY
AND SHOULD BE RETURNED TO:
Anthony A. Garganese
City Attorney of Winter Springs
Garganese, Weiss, D'Agresta & Salzman, P.A.
111 N. Orange Avenue, Suite 2000
Orlando, FL 32802
(407) 425-9566
Pvhihif P
DEVELOPMENT AGREEMENT
(Mixed -Use - Live -Work Residential Units)
THIS TOWN CENTER DEVELOPMENT AGREEMENT ("Agreement") is made
and executed this day of , 2019, by and between the CITY OF
WINTER SPRINGS, a Florida Municipal Corporation ("City"), whose address is 1126 East
S.R. 434, Winter Springs, Florida 32708, and SEMINOLE COUNTY DEVELOPMENT
COMPANY, LLC., a Florida limited liability company, ("Developer"), whose address is 303
Balfour Drive, Winter Springs, Florida 32708.
WITNESSETH:
WHEREAS, Developer is the owner of approximately 1.2 acres, more or less, of real
property located at 150 Tuskawilla Road, Winter Springs, Seminole County, Florida, more
particularly described herein ("Property"); and
WHEREAS, currently there is a non -conforming single-family home located on the
Property ("Nonconforming Structure") that is not in compliance with the City Code including the
current Town Center zoning regulations; and
WHEREAS, Developer desires to discontinue and remove the Nonconforming Structure
and redevelop the Property by changing its use from single family residential to a mixed-use
building project containing "live -work" multi -family residential units and work space ("live -
work" concept is a person(s) having the flexibility of being able to live and work in the same
rental unit) bringing the Property into compliance with the City's Town Center zoning
regulations in accordance with the terms and conditions of this Agreement; and
WHEREAS, in support of its proposed project containing "live -work" multi -family units
and work space, Developer has represented and proposed to incorporate fifteen (15) multi -family
live -work units into the project which require separate approval of a special exception by the
City Commission as required by the Town Center zoning regulations; and
DEVELOPMENT AGREEMENT
City of Winter Springs and Seminole County Development Company, LLC.
Page 1 of 8
WHEREAS, as a condition of the City Commission granting, on
, Developer's request for a special exception for 15 multi -family live -
work units on the Property unique to Developer's project, the Developer and the City desire to
enter into this Agreement setting forth certain material terms and conditions of the "live -work"
mixed use project as more specifically set forth herein.
NOW THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties mutually agree as follows:
1.0 Recitals. The foregoing recitals are true and correct and are hereby incorporated
herein by this reference.
2.0 Authority, This Agreement is entered into pursuant to the Florida Municipal
Home Rule Powers Act.
3.0 The Property. The real property subject to this Agreement has a tax parcel
identification number of 26-20-30-5AR-00-OOU3 and is legally described in EXHIBIT "A",
attached hereto and fully incorporated herein by this reference ("Property").
4.0 Proiect Description and Requirements. As a condition of granting the
aforementioned special exception for the construction of fifteen (15) multi -family live -work
units on the Property, the City and Developer agree that the Property shall be developed as a
mixed-use project which incorporates and maintains a "live -work" concept by integrating both
work space and multi -family residential dwelling units into the building. The project shall
consist of two phases. Phase one shall consist of two (2) two-story buildings (Buildings A and
B), comprised of approximately 12,000 square feet. Building A will have eight (8) live -work
units (four (4) live -work units on each floor) and Building B will have two (2) live -work units on
the second floor and a conference room and eight (8) work spaces on the first floor. Phase 2
consists of one (1) two-story building that is approximately 7,000 square feet and will have five
(5) live -work units. Phase one shall also include the construction of all site improvements such
as sidewalks, hardscape, parking, lighting, utilities, and general landscaping required by this
Agreement and the City Code. Each live -work unit shall have a distinct and separate work space
attached to it with a separate entrance for business activity without having to enter the work
space through the living portion of the unit itself. The residential dwelling units shall be offered
at market rate prices and will range in size of approximately 465 square feet to 1,370 square feet
including the space for the attached work space. (hereinafter the project description and
requirements are referred to as the "Project"). In order to maintain the Project's live -work
residential environment, each live -work unit tenant shall have a tenancy right to access and use
the first -floor stand-alone work space and conference/meeting room in accordance with the terms
and conditions of the tenancy policy established for the Project.
5.0 Concept Plan. The Project shall be substantially developed in accordance
with the concept plan which is attached hereto as EXHIBIT `B" and incorporated herein by this
reference ("Concept Plan"). The Concept Plan is intended to be the general blueprint which
details key aspects of the future physical development of the Property. The Concept Plan shall
also serve as a necessary guide for future permit applications and permitting necessary to
DEVELOPMENT AGREEMENT
City of Winter Springs and Seminole County Development Company, LLC.
Page 2 of 8
complete the construction of the Project. Developer shall have the obligation to further submit
and obtain the City's approval of a final site plan and final engineering plans ("Final
Engineering Plans") consistent with the Concept Plan in all material respects and in compliance
with the City Code. The building is intended to be for illustrative purposes only and may be
modified during the final engineering process so long as the building complies with the
development standards set forth in this Agreement including, but not limited to, the fifteen (15)
multi -family units. Developer acknowledges and agrees that the Concept Plan was not created
with specific surveyed dimensions and that during the Final Engineering Plan process such
dimensions shall be surveyed, duly engineered, and provided to the City for consideration under
applicable City Codes. The Concept Plan shall be subject to reasonable adjustments at the Final
Engineering Plan phase in order to bring the Project into full compliance with the City Code, and
as a result, the exact location, layout and dimensions of the building, landscaping, entrances,
utilities, parking and other site improvements may vary slightly between Concept Plan approval
and approval of the Final Engineering Plans. These changes shall be allowed as long as the
changes are consistent with the development standards noted in this Agreement and preserve the
general character of the development shown on the Concept Plan.
6.0 Building Elevations and Floor Plans. The two-story building and related
floor plans shall be constructed substantially in accordance with the building elevations and floor
plans depicted and set forth on EXHIBIT "C," which is attached hereto and incorporated herein
by this reference ("Building Plans"). However, the facade of the building shall specifically
incorporate brick features compatible and in harmony with the surrounding buildings so the
building has an architectural connection with the area. Further, other aspects of the building
facade and roof lines, color scheme, and architectural features depicted on the building may have
to be adjusted during the CITY'S final review and approval procedures to satisfy the
requirements of the City Code. The design of the phase two building, when and if constructed,
shall be consistent and in harmony with the phase one building in order to create one unified
Proj ect.
7.0 Additional Special Development Conditions. The following additional
development conditions shall apply to the Project:
A. Parking. There shall be a maximum of forty-six (46) paved parking spaces
constructed for the Project that comply with the technical requirements of the City Code and as
generally depicted on the Concept Plan. The final number of parking spaces shall be determined
at the time Final Engineering is approved. The parking spaces shall be accessed from the
proposed entrance/exit driveways depicted on the Concept Plan along Tuskawilla Road and
Blumberg Boulevard.
B. Stormwater. Stormwater retention for the Property has already been master
planned and required stormwater retention shall be provided at a nearby pond serving the Town
Center. Developer shall be required to design, permit, construct and maintain, at its expense, the
facilities necessary to discharge stormwater from the Property to the pond.
C. Oak Tree. The live oak tree located on the southern portion of the Property shall
be maintained and protected during the construction of the Project in accordance with the tree
DEVELOPMENT AGREEMENT
City of Winter Springs and Seminole County Development Company, LLC.
Page 3 of 8
protection requirements set forth in the City Code unless removal is allowed by the City under
the specimen tree process set forth in the City Code.
D. Emergency Access. For public safety purposes, Developer's Conceptual Plan
will depict a temporary emergency entrance/exit along the southern boundary of the Property
within the parking area constructed for the Project. In furtherance of this temporary emergency
entrance/exit, Developer shall attempt to secure written permission from one or more adjacent
private property owners for temporary and emergency ingress and egress over such adjacent
property that can be used during times that the entrance to the Property from Blumberg
Boulevard and Tuskawilla Road may not be available due to special events or road construction.
If written permission is not obtained, then one of the entrances/exits to the Property, chosen at
the City's discretion, shall be available at all times during special events or road construction.
Written permission should be secured no later than the date that the Developer obtains final
engineering approval by the City Commission. The City and Developer shall cooperate fully
with each other to effectuate and obtain the written permission.
E. Attached Work Space. The work space required to be attached to each
residential unit allowed under this Agreement shall only be limited to residential use or work
related uses that are compatible, incidental and subordinate to the attached residential use similar
to home occupation type uses and in compliance with applicable City Codes including state fire
and building codes. No other use shall be permitted in the work space in order to preserve the
intended purpose of the Project which is to maintain a "live -work" residential environment for
future tenants.
8.0 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. This Agreement will, when duly
executed and delivered by the City and Developer, constitute a legal, valid and binding
obligation enforceable against the parties hereto. Upon acquisition of the Property by the
Developer and the recording of this Agreement in the Public Records of Seminole County,
Florida, the Agreement shall be a binding obligation upon the Property in accordance with the
terms and conditions of this Agreement. Developer represents that it has voluntarily and
willfully executed this Agreement for purposes of binding himself and the Property to the terms
and conditions set forth in this Agreement.
9.0 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 upon being duly recorded against the Property by the
City.
10.0 Applicable Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Florida.
DEVELOPMENT AGREEMENT
City of Winter Springs and Seminole County Development Company, LLC.
Page 4 of 8
11.0 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.
12.0 Entire Agreement; Exhibits. This Agreement and all attached exhibits hereto
supersede any other agreement, oral or written, regarding the Property and contain 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.
13.0 Severability. If 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 of this Agreement.
14.0 Effective Date. This Agreement shall become effective upon approval by the
City Commission and execution of this Agreement by both parties hereto.
15.0 Recordation. Upon full execution by the Parties, this Agreement shall be
recorded in the Public Records of Seminole County, Florida by the City.
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, Florida Statutes, 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.
DEVELOPMENT AGREEMENT
City of Winter Springs and Seminole County Development Company, LLC.
Page 5 of 8
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 be responsible for 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,
trailer, structure or unit if Developer is in breach of any term and condition of this Agreement.
The City will strive to expedite all permits pertaining to the Project.
24.0 Default. 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 party 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 default to the
reasonable satisfaction of the non -defaulting party prior to filing said action.
25.0 Termination. The City shall have the unconditional right, but not obligation, to
terminate this Agreement, without notice or penalty, if Developer fails to receive building
permits and substantially commence vertical construction of the phase one building of the
Project within three (3) years of the effective date of this Agreement. Upon issuance of the
certificate of occupancy for the phase one building, Developer shall have five (5) years from
said issuance to receive building permits and substantially commence vertical construction of the
phase two building of the Project or the special exception for the five additional multi -family
live -work units for phase two shall automatically be deemed expired unless said time period is
extended for up to one additional year by the City Commission. In addition, the City shall have
the right, but not obligation, to terminate the Agreement if Developer permanently abandons
construction of the Project, provided, however, the City shall first deliver written notice and an
opportunity to cure to the defaulting party as set forth in Section 24 above. If the City terminates
this Agreement, the City shall record a notice of termination against the Property in the public
records of Seminole County, Florida.
DEVELOPMENT AGREEMENT
City of Winter Springs and Seminole County Development Company, LLC.
Page 6 of 8
26.0 Release and Hold Harmless. Developer shall be solely responsible for
designing, permitting, constructing, operating and maintaining this Project. As such, Developer
hereby agrees to release and hold harmless the CITY and its commissioners, employees and
attorneys from and against all claims, losses, damages, personal injuries (including, but not
limited to, death), or liability (including reasonable attorney's fees and costs through all appellate
proceedings), directly or indirectly arising from, out of, or caused by Developer and Developer's
contractor's and subcontractor's performance of design, permit and construction activities in
furtherance of constructing the Project under this Agreement and the operation and maintenance
of the Project thereafter. This provision shall survive the termination of this Agreement.
27.0 Force Maieure. 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 terms 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 government 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 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. The extended time period shall be agreed to in
writing by the parties and said agreement shall not be unreasonably withheld by either party.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seal on the
date first above written.
ATTEST:
IM
Andrea Lorenzo Luaces, City Clerk
CITY SEAL
CITY OF WINTER SPRINGS
ME
Charles Lacey, Mayor
APPROVED AS TO FORM AND LEGALITY
For the use and reliance of the City of Winter Springs,
Florida only.
Date:
Anthony A. Garganese, City Attorney for
the City of Winter Springs, Florida
DEVELOPMENT AGREEMENT
City of Winter Springs and Seminole County Development Company, LLC.
Page 7 of 8
Signed, sealed and delivered in the
presence of the following witnesses
Signature of Witness
Printed Name of Witness
Signature of Witness
Printed Name of Witness
STATE OF
COUNTY OF
SEMINOLE COUNTY DEVELOPMENT
COMPANY, LLC.
John Iriye, Managing Member
Date:
The foregoing instrument was acknowledged before me this day of
2019, by John Iriye, the Managing Member of SEMINOLE COUNTY
DEVELOPMENT COMPANY, LLC., a Florida limited liability 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:
DEVELOPMENT AGREEMENT
City of Winter Springs and Seminole County Development Company, LLC.
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