HomeMy WebLinkAboutTab 05 Robert Yeager DEVELOPER'S AGREEMENT
TUSCAWILLA TRACT 15 PARCEL 1-13
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This DEVELOPMENT AGREEMENT by and between Robert Yeager, TRUSTED
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(hereinafter called "Property Owner")and the City of Winter Springs, a Florida municipal corporatio5p
(hereinafter called "the City") is entered into pursuant to City Code, and is intended to constitute a
covenant covering the property described herein. This Agreement is based on the following premises:
Whereas, the real property described herein as Parcel IB of Tract 15 of the Tuscawilla
P.U.D., further described on Exhibit "A" attached hereto is located within the City limits of the City;
and
Whereas, the real property is subject to certain land development regulations of the City,
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including the "S.R. 434 Corridor Vision Plan: New Development Area" (Ordinance No. 675 of the
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City); and
Whereas, the real property is subject to a Settlement Agreement set forth in Ordinance 489
and recorded at Official Records Book 2277, pages 0464 through 0500, Public Records of Seminole
County, Florida(hereinafter call "the Settlement Agreement"); and
Whereas, parties concur that this Agreement deals with issues separate from the issues
addressed in said Settlement Agreement, and this Agreement should be construed as consistent with
the said Settlement Agreement, and in the event of conflict between the terms of this Agreement and
the Settlement Agreement, the Settlement Agreement shall prevail; and
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Whereas, this property has received a Certificate of Vested Rights Special Use Permit from
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the City on August 4, 1993, which is in full force and effect, and this Agreement shall not cause to
affect the vesting status of this property; and
Whereas, the City agrees that Parcel 1B of Tract 15 of the Tuscawilla P.U.D. may be
subdivided and developed into a maximum of five(5) parcels platted as provided by law; and '�' i v o-*i
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Whereas, an application for final engineering approval and permit was submitted to the Cites xs
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prior to the adoption of Ordinance No. 675 for one parcel located at the southeast corner of the
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intersection of Vistawilla Drive and State Road 434 (hereinafter call the Hess Site, as depicted in r�
Exhibit 'B" attached hereto), and Property Owner and City agree that this Development Agreement
should address specific issues relating to development of said Hess site; and
Whereas, Sections 20-458 and 20-459 of Ordinance No.675, the "S.R. 434 Corridor Vision
Plan: New Development Area" provide for a Development Agreement for real property such as that
described on Exhibit "A" and Exhibit "B" upon a finding that the site is constrained, and extra
development enhancements are provided by the Property Owner to preclude or mitigate against any
impacts upon abutting properties or the S.R. 434 corridor; and,
Whereas, the City Commission of the City of Winter Springs finds that the real property
described in this Agreement is constrained by width, proximity to water retention areas to the rear
of the property, and by wetlands; and
Whereas, the City Commission finds that Property Owner is making sufficient development
concessions and enhancements on the real property described on Exhibit "A" to authorize a
Development Agreement for the Hess site described on Exhibit "B", attached hereto and by this
reference incorporated herein; and
Whereas, in consideration for the City entering into this Agreement, the Property Owner has
agreed to provide certain enhancements for the entire parcel (such as landscaping) and certain
common design themes or criteria(a uniform ground mounted sign system for the individual parcels).
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r NOW THEREFORE, be it agreed as follows:
1. Premises Incorporated Flerein cn CU C-)
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The City and the Property Owner hereby agree that the foregoing premises are true atd D
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2. Pro rey#fected
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2.1 The real property described on Exhibit "A" constitutes the entire property subject to
this Development Agreement. A consideration for the City entering into this Agreement is
that certain enhancements (such as enhanced landscaping and a six (6) food masonry wall
along the rear of the subject property) and certain common design themes or criteria (a
uniform ground mounted sign system for the site) are being proposed by the Property Owner
and accepted by the City. Certain requirements set forth herein, therefore, apply to the entire
property(Exhibit "A").
2.2 Such a specific implementing development agreement is created for the Hess site
(Exhibit "B")in this Agreement. Certain development obligations are being agreed to by and
between the Property Owner and the City as the standards governing certain aspects of
development of the Hess site.
2.3 Where no requirements concerning a development issue are set forth in this agreement
for the real property described on Exhibit "A" or Exhibit 'B", then the standards set forth in
the "State Road 434 Corridor Vision Plan: New Development Area" standards shall first
apply, and if no standards exist in said ordinance, then other applicable City Code provisions
shall govern development of the property.
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2.4 This Agreement does not and cannot exempt any real property from complying with
state-or local law or ordinances relating to platting, environmental permitting, wetlands
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regulations, stormwater, or other matters nor any development issues not directly addressees
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by this Agreement. rrfi 7,
3. Enhanced Landscaping, Side)yalks,.G'all. and Retention Ponds.
The development of all or any part of the real property described on Exhibit "A" shall be subject to
the enhanced landscaping including berms and meandering sidewalks (to the extent such meanders
and additional width are allowed by the Florida Department of Transportation (DOT)), as set forth
on the Master Development Program for Tuscawilla Tract 15, Parcel 1-B (Sheets 2 & 3), dated
December 23, 1997, and revised February 23, 1998 and March 4, 1998, prepared by Bower-
Singleton and Associates, Inc. (hereinafter called the Mater Development Program), and on file with
the Office of the City Clerk, Winter Springs, Florida. The enhanced landscaping to be provided by
and at the cost to the Property Owner per the terms and conditions of the following:
3.1 The enhanced landscaping specified herein shall be provided by the Property Owner
or his heirs, assigns, successors, or agents, as a condition of development of the property and
at the time of installation of other site related improvements for each parcel created from the
real property described on Exhibit "A" of this Agreement.
3.2 The Hess site described on Exhibit "B" shall be subject to and comply with the
landscaping specifications set forth on the Master Development Program, on file with the
Office of the City Clerk, Winter Springs Florida, as a Final Engineering Permit condition for
site development of said parcel.
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3.3 The City agrees that the enhanced landscaping together with a six foot masonry wall
at or along the rear(south)boundary of the property described on Exhibit "A" in the Master CU o
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Development Program separating the commercial property from the adjacent residentia xr,
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property to the south are acceptable buffers in consideration of the intent of the State Rodd' r=,
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434 Corridor Vision Plan New Development Area Ordinance, constraints of the site ands rn
potential impact on the surrounding properties.
3.4 Landscape and wall construction plans shall be incorporated into the construction
documents. Failure of the Property Owner or his assigns to install the landscaping and six(6)
masonry wall (as lots are developed), agreed to and required by this Agreement shall be a
breach of this Agreement and shall constitute a basis authorizing of the City to withhold
issuance of permits, and/or certificates of occupancy, until the landscaping and wall
construction obligations imposed by this Agreement are fully complied with.
3.5 This Agreement obligates the Property Owner to install a meandering six (6) foot
wide sidewalk along the State Road 434 frontage of this property as shown on the Master
Development Program. The City acknowledges that the landscape design depicted on Sheet
3 of the Master Development Program requires use of D.0.T. State Road 434 right-of-way
and modification of D.O.T. sidewalk placement and width requirements and therefore is
subject to review and approval by the D.O.T. It shall be the Property Owner's obligation to
obtain said approval with the cooperation and assistance of the City. In the event this
cannot be accomplished,the design shall be modified and all landscaping will be constructed
south of the road right-of-way within the Property Owner's property with the sidewalk being
constructed by F.D.O.T.
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3.6 Retention ponds shall not be constructed at a slope steeper than four(4) horizontal to one (1)
vertical.
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rr,3.7 Property Owner agrees to comply with all landscaping requirements of the SR 434 Visioninj v x
CrnPlan Ordinance not specifically provided for in this Agreement.
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4. SignD_ esiv requirements. -�
As mutual consideration by and between the City and the Property Owner the signage for the entire CD
property described on Exhibit "A" shall be in accordance with the design and specifications per the
Master Development Program, Sheets 2 and 3.
4.1 As to the entire property on Exhibit "A",the uniform design signage fronting on State
Road 434 shall be that size, bulk and height and design as set forth on Sheet 3 of the Master
Development Program and shall be constructed by the Property Owner or successors in
accordance with the aforementioned plans. The City agrees to the number and placement of
signs as depicted on Sheet 2 of the Master Development Program.
4.2 As to the Hess site (Exhibit "B") the building signage and internal site signage shall
be that set forth on the uniform sign plan on file with the City, as pages A-1 (dated December
10, 1997) and Page CE-1 (dated January 23, 1998) by Metsky-Zuckerman, Architects and
Planners. Building and internal site signage shall not exceed 193.5 square feet of copy space.
Ground mounted signage shall not exceed a total of 110 square feet of copy space. The City
acknowledges that the Hess site signage exceeds the square footage area allowed under
Ordinance No. 675 in Section 20-454 but permitted in Sections 20-458 and 20-459.
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5.0 Setbacks for Parcel 1-B' ofTract 15.
The building setbacks for the Property described on Exhibit "A" shall be fifty (50) feet (except on the
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Hess site described on Exhibit "B")which shall be set back 49' 6" from the adjacent right-of-way lge
of State Road 434 in recognition of the enhanced landscaping for said site. The setback for all ot�r
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amenities(other than buildings) shall be twenty five (25') feet from the State Road 434 Right of
and fifteen(15) feet from Vista Willa Drive. In the event of a default by the Property Owner in the
installation of the landscaping to Tract 1B per the Master Development Program or failure to
maintain said landscaping , as required by City Code, then the setbacks pursuant to City Code shall
apply to said Tract or part thereof.
6.0 Hess Site(Exhibit "B,','J Desigm Amenities. The Property Owner has agreed that the
building design for the Hess site is modified to provide that the green stripe around the building
(generally parallel to the ground)will not be back lit with artificial lighting.
7.0 No Carwas,h Land Use on Tract 15frcel I B The Property Owner agrees that
notwithstanding the land uses permitted in the Settlement Agreement, no approval for a carwash shall
be sought or permitted on the property described on Exhibit A of this Agreement.
8.0 Property Owner's Association.
There shall be a mandatory Property Owner's Association responsible for the ongoing maintenance
of the landscaping, roads, retention ponds, amenities and other common areas and facilities.
9.0 Grace Period/Time to Cure.
In the event the City determines the Property Owner or Successor is not in compliance with the
landscaping installation as required by this Agreement, or fails to maintain the landscaping as required
by City Code,the City shall provide written notice of violation to the Property Owner of the subject
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parcel or parcels, stating the specific nature of the violation and the corrective actions to be taken to
cure said non-compliance. The Property Owner shall have thirty(3 0) days from receipt of said notice,
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in which to cure the violation before the City can declare a default under this Agreement. 3C:)--n
10.0 Pursuant to the requirement of state law, the parties acknowledge and agree. D
(a) Ourton Qf o_& _. ;remelt. This Agreement shall be recorded in the public reccarldso
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of Seminole County at cost to the Property Owner and shall be a covenant running with thecp "'s
land.
(b) P!.vmelQpment issues. Development issues shall be those permitted and controlled
(such as building height, permitted uses, parking requirements and other development
standards by existing City Code, including Ordinance No. 675 and the Settlement Agreement,
except as said site development standards are specifically modified herein.
(c) -greenlenat Consistent with CO—M--R ehens re Plan. The City commission, and the
local planning agency,have found that the land uses and development proposed are consistent
with the City's Comprehensive Plan. By entering into this Development Agreement, the City
Commission finds this Agreement consistent with the City's Comprehensive Plan.
(d) Compli4,nce Hith.Other I. Lws. The failure of this Agreement to address a
particular permit, condition, term or restriction shall not relieve the Property Owner of the
necessity of complying with the law governing said permitting requirement, condition, term
or restriction.
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11.0 E.flfor cl.mint/Venue.
This agreement may be enforced by parties to it by bringing action in the Court of proper jurisdictiom-t.)
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to interpret or enforce the provisions of this Agreement, Venue of any such shall be in Semi le z:-
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County, Florida, r-
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12.0 Parties Bound.
This Agreement shall be recorded in the Public Records of Seminole County, Florida and shall be
binding on the heirs, assigns or successors to the Parties to this Agreement.
DONE AND AGREED onthis -V day of AM%%- -111998.
WITNESS PROPERTY OWNER:
z ROBERT I E GE
ROB ERT A TRUSTEE
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this /.5"day of
1998 by Robert Yeager, as Trustee. He is impersonally known to M-+arjrodt=d
PrintOTAR PUBLIC, STATE OF FLORIDA
F PUBLIC. STATE OF
My commission expires
P
JULIE SULLIVAN
MY COMMISSION#CC 634294
EXPIRES:April 6.2001 Bonded Thru Notary Public Underwriters
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A TEST- CITY OF WINTER SPRINGS
CITY CLERK -- PAUL P. PYKA
ART �`
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STATE OF FLORIDA .71
COUNTY OF 0 O
The foregoing instrument v� )J
g ' g nt was acknowledged before me this a day a ,. __: 1998,by O
Paul P. Partyka,Mayor of the City of Winter Springs, Florida He is �!!onall,y known to-T' ,)or has
produced .....� _ as identification,
ISr" '
NOTARY PUEL ,, T T OF FLORIDA
Print��4� - 4 r<�
MY commission expires
"PPYy ANDREA LORENZO LUACES
�. 6"a Conv'lission CC461597 Expires May.09,1999
N. Bonded by ANB
110.IF Ft p 800-852-587e
THIS INSTRUMENT PREPARED BY:
Robert D. Guthrie
Kruppenbacher & Associates, P.A.
P.O. Box 3471
Orlando, FL 32801-3471
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MAR 04 '98 09:31AM KRUPPENBACHER & ASSC P.12/1�3
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PARCEL. 1 [3 1
DESCRIPTIONr
Com*nce of the Northeast corner of Section 8. Townshlp 21 South. i_o
Ran o, 31 East. Seminole Coun+y. Florida. thence run 5 00.24'55- F -F-7- w o
alcnq the Eos+ I Ino of the Nprtheost 1 /4 o-f sold Sao+ion S -For N ��.n
dls+once of 205.56 feet to +he Northerly Righ+-of-way I ine of +hK
Laky Charm Branch of +he Seaboard Coda+ Ltno Railroad ( 100 1 Roew)
+hence run N 54-34 'S7 " W along svi d Nvr+heae-1 y R i ght-o-F-Way f l n D
for o distance of 293. 14 feet to a Pain+ on a curve eomccivvr r'
Southwesterly hovInfl a radius of 1959- 19 fee+ and a %hoea bearInQ". 7.1
of N 66-56*09" w. +hence run Nor+hwe +er l y along +'he arc of so l d-j M
curve ona sold Northerly Right-of-'Wdy line +Nroudn a aantralo 0 c-)
a'nala of 2a.44 ' 10" -For~ a dlatanco of 845.63 leo+ +o +he poln+ c CT
+ongenGy r +hence run N 70-10114 " W o long sold Norther l y R l gh+-of-_"" �p
way I [no for a d 1 stance of 691 .26 -Feet to the Po f n+ of curvo+ure ':r:
a+ a curve concave Southwoz;+er l y having a radius o"f 2612-09 4eet a "-
thence run Northwes+orly along the ora of sold vur..e and epfd
Northerly Right-af-Woy line +hrouoh a Central angle of 11 -46'$8*
far a distance of 536-92 tee+ to +he point oT tor,gencyt thence
run S 69-55'0e " W along said Northerly Right-o-f-Way line for a
ors+once of 96.48 feat to the Easterly Rlpht-of-Way fine of
vis+arflla Drive and a point on a cueve concave
Southeos+arty hovino a radius of 450.00 fee+ vnd a chord bearing
of N 44-53'26- Ei thence run Northedstarly ¢long the arc of said
curve and aold Eaa+erly RICH+-of-way Ithe through a oentrcl oiol e
of 69100' 18 " for- o dl stance of 554.G 1 Meet to +he pole%+ of reverse
curva+ure of a curva concave Nor+hwos+arly havin0 a radius of
790.00 feat and a chord bearing of N 44.50'50" E1 +hanco run
Northeasterly along the arc of sold curve and , Said Eos+only
Right-of-Way lints through a Con+rel angle of 69.05'33- Tor p
dts+once of 952.65 4*et to the POINT OF eEGINNINGs thence
Continue Northerly along said Easterly Rlah+-of-WOy IIna and 041d
curve having g radius o'} 790.00 feet and O chord bevrimo Of N
OS-22'51 "' E through a central onale of 09-SO'25 " for n dl`s+anao
Cif 135.6e fee+ +a a porn+ of r7om-+ongencyl thence rein N Q6-1 0' r s
E along sold Ecsteely R19ht.of-Woy I ine fpr a dfstanae of
100-50 feat& +hence run N 00-27"36 " E along *aid Ecaterly Right-
of-Way 1 [no for a dl a+0nce of 21A.99 fee+ +a the po t rrt of
curvature of a curve concove Sou+heos+orly having a rodive of
25.00 feety thence rum Nor+heoaterIy oldmg +he arc 44 sold curve
through o Central angle of 90-00'00" for a dlstancp of
39.27 leetl thence run 5 99-32'ZZ E along a iino that is
25.00 fee+ South o4 and parallel vl+h +he Seu-fh latcht-of-Woy I ine,
of State Road 434 for a dia+onca of 404.53 foe+L thence rim N
00-2T'38"•E for a dls+Once of 25.00 feet tv sola South Pugh+-o4-
Way llnel thence run S 89'32'22" E along said South Rlph+-of-Wdy
I no for d dlstonae of 639.66 feet to +he West Rlah+-of-Woy I irpe
of th6 Black Hammock Branch of the Seoboord Coast Line Railroad#
thence run S 06-21 .38" W along said west Rrgh+-pf_way line 4or a
dls+once of 502-66 4eetp thence leaving sold west Right-of-Way
line run N 59-32'22- W for a dl stance of 1039.34 feet to the
POINT OF BEGINNING.
LESS1 1110h+-of-Way for Eastern Bel +wcpar order of tokIng filed
May 30. 1991 in Offlctal Records Book 2s9. PdCe 984.
AND ALSO LESS a THE RIGHT OF WAY OF S.F. 434 AS DEFINED
IN THE ORDER OF TAKING DAYED MARCH 24. 1994. in Offlclol
Records BooK 2747- Poce 496. PURI lc Records o,4
Seminole County. Florida.
FROM 407-426-7767 03-04-98 10: 38 Arid P12
MAR104 '98 09:31AM KRUPPENBACHER & ASSC
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LEk'p*3AL D E S C R I PTIvN
BEING A PORTION OF LOT 19, PHILLIP R. YONGE GRANT, AS RECORDED IN PLAT BOOK PAGE
1, PAGES 35 THRU 38, PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, MORE
PARTICULARLY DESCRIBED AS FOLLOWS_
FROM THE MOST NORTHEASTERLY CORNER OF VISTAWILLA DRIVE, AS RECORDED IN PLAT BOOK
47, PAGES 60 do 61' OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, SAID CORNER
ALSO BEING ON THE MOST SOUTHERLY RIGHT--OF-WAY UNE OF STATE ROAD 434, AS A POINT
OF BEGINNING, RUN S89'34'41"E ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID
STATE ROAD 434 A DISTANCE OF 250.00 FEET; THENCE DEPARTING THE SOUTHERLY RIGHT-OF
-WAY LINE OF SAID STATE ROAD 434 RUN S00'25'19"W AT RIGHT ANGLES A DISTANCE OF
256.00 FEET; THENCE N89'34'41'W PARALLEL WITH THE SOUTHERLY RIGHT-OF-WAY LINE
OF SAID STATE ROAD 434 A DISTANCE OF 254.89 FEET TO AN INTERSECTION WITH THE
EASTERLY RIGHT-OF-WAY UNE OF SAID VISTAWILLA DRIVE; RUN THENCE ALONG THE
EASTERLY RIGHT-OF-WAY UNE OF SAID VISTAWILLA DRIVE THE FOLLOWING COURSES AND
DISTANCES; NOS'06'50"E A DISTANCE OF 48.97 FEET TO A POINT OF INTERSECTION
AS SHOWN ON SAID, VISTAWILLA DRIVE PLAT. THENCE NOO-28-45"E A DISTANCE OF
207.28 FEET TO THE POINT OF BEGINNING.
CONTAINING 1.47 ACRES MORE OR LESS. m N Q;'n
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FROM 407-426-7767 03-04-98 10: 38 AM P13