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HomeMy WebLinkAboutTab 12 Copy First Baptist Church of Winter Springs, Inc..pdfPrepared by and Return to: Anthony A. Garganese, City Attorney Brown, Ward, Salzman & Weiss, P.A. 225 E. Robinson Street, Suite 660 P.O. Box 2873 Orlando, FL 32802-2873 Parcel I.D. No. BINDING DEVELOPMENT AGREEMENT THIS BINDING DEVELOPMENT AGREEMENT (herein referred to as the "Development Agreement"), made and executed this day of , 2002, by and between the CITY OF WINTER SPRINGS, a Florida municipal corporation (herein referred to as the "City"), whose address is 1126 East State Road 434, Winter Springs, �. Florida, 32708, and FIRST BAPTIST CHURCH OF WINTER SPRINGS, a Florida Non Profit Corporation, whose address is 50 Moss Road, Winter Springs, Florida 32708 (herein referred to as the "Church"). WITNESSETH: WHEREAS, Church is currently constructing a multi -phase project within the City of Winter Springs located on State Road 434; and WHEREAS, the City has issued numerous development approvals for the project, including approval of Final Engineering Plans, dated January 16, 2001, ("Engineering Plans") and a temporary certificate of occupancy for Phase I of the project; and WHEREAS, certain development requirements for the entire project are still outstanding before a permanent certificate of occupancy can be granted by the City for Phase I and other phases of the project; and WHEREAS, City and Church desire to memoralize in writing these outstanding Page 1 of 8 requirements to ensure the orderly issuance of certificates of occupancy for the project. NOW THEREFORE, in consideration of the mutual covenants and mutual benefits herein contained, the parties agree as follows: 1. Recitals. The foregoing recitals are hereby incorporated herein by this reference. 2. Authority. This Development Agreement is entered into pursuant to the Florida Municipal Home Rule Powers Act, and the Code of Ordinances of the City of Winter Springs. 3. Propeft. The real property subject to this Development Agreement is legally described on the attached Exhibit "A", which is hereby fully incorporated herein by this reference ("Subject Property"). 4. Representations of First Baptist Church. The Church hereby represents and warrants to City that the Church has the power and authority to bind the Subject Property and execute, deliver and perform the terms and provisions of this Development Agreement, have an equitable or legal interest in the title to the Subject Property, and have taken all necessary action to authorize the execution, delivery and performance of this Development Agreement. 5. Outstandinw Develo ment Req uirements. In addition to the development requirements necessaryto complete each phase of the project set forth on the Engineering Plans, the following general development requirements contained on the Engineering Plans shall be completed, and certificates of occupancy shall be issued, as follows: A. Southern Wall . Prior to clearing the southern 200 feet of the property Page 2 of 8 or development of Building 5A depicted on the Engineering Plans, the wall required along the 377.99 foot southern boundary of the Subject Property shall be completed. It is the intent of this paragraph that the rear of the Subject Property shall remain in its natural state until such time that Building 5A is constructed. B. Sidewalks. Prior to the completion of Phase III development depicted on the Engineering Plans, a concrete sidewalk, five (5) feet in width, shall be constructed from State Road 434 to the church building located on the Subject Property. The sidewalk shall be located on one side of the entryway road. C. Curbing. Concrete curbing for Phases I, II and III depicted on the Engineering Plans shall be constructed for the parking lot and driveways, as per the Engineering Plans and Section 20-467(c) of the City Code, prior to the completion of Phase III. D. Landscaping. Pursuant to the Landscaping Plan approved by the City Commission on May 14, 2001, and in accordance with City Code, landscaping for Phase I depicted on the Engineering Plans shall be completed no later than October 28, 2002. City approved landscaping for all other phases depicted on the Engineering Plans shall be completed as each phase is completed. E. Certificates of occupancy. The permanent certificate of occupancy for Phase I depicted on the Engineering Plans shall be issued at such time the punch list is fully completed. A copy of the punch list is attached hereto as Exhibit "B" and is hereby fully incorporated herein by"this reference. Church agrees to complete the punch list by February 15, 2002. All other permanent certificates of occupancy shall be issued on a phase basis upon the completion of each phase. Page 3 of 8 F. Monument Sign. A monument sign consisting of thirty two (32) square feet each side, may be located on Florida Department of Transportation Rights of Way, provided a copy of a lease agreement is provided to the City and provided the monument sign is located as shown on Exhibit "C" attached. 6. Successors and Assigns. This Development Agreement shall automatically be binding upon and shall inure to the benefit of the successors and assigns of each of the parties. 7. Applicable Law. This Development Agreement shall be governed by and construed in accordance with the laws of the State of Florida. 8. Amendments. This Development Agreement shall not be modified or amended except by written agreement executed by all parties hereto and approved by the City Commission of the City of Winter Springs. 9. Entire Agreement. This Development Agreement supersedes any other agreement, written or oral, and contains the entire agreement between the parties as to the subject matter hereof. 10. Severablilly. If any provision of this Development 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 Development Agreement. 11. Effective Date. This Development Agreement shall become effective upon approval by the City of Winter Springs City Commission and execution of this Development Agreement by all parties. Page 4 of 8 12. Recordation. Upon approval by the City of Winter Springs City Commission and execution of this Development Agreement by all parties, this Development Agreement and any amendments hereto shall be recorded by the City in the public records of Seminole County, Florida, and shall run with the land. A Notice of Termination shall be recorded in the public records of Seminole County if this Agreement is terminated by the parties. 13. Relationship of the Parties. The relationship of the parties to this Development Agreement is contractual and arm's length. Church is an independent contractor and is not the agent of the City for any purpose. Nothing herein shall be deemed to create a partnership, or joint venture, or principal -agent relationship among the parties, and no party is authorized to, nor shall any party act toward third persons or the public in any manner which would indicate any such relationship with any other party. 14. Sovereign Immunity. Nothing contained in this Development Agreement shall be construed as a waiver of the City's right to sovereign immunity under Section 768.28, Florida Statutes, or any other limitation on the City's potential liability under state or federal law. 15. Ci 's Police Power. Church acknowledges and agree that the City hereby reserves all police powers granted to the City by law. In no way shall this Development Agreement be construed as the City bargaining away or surrendering its police powers. 16. Interpretation. The parties to this Development Agreement acknowledge and agree that all parties have participated equally in the drafting of this Development Agreement, and no party shall be favored or disfavored regarding interpretation of this Page 5 of 8 Development Agreement in the event of a dispute between the parties. �) 17. Permits. The failure of this Development Agreement to address any particular City, county, state and federal permit, condition, term or restriction shall not relieve the Church or the City of the necessity of complying with the law governing said permitting requirements, conditions, term or restriction. 18. Third PaM Rights. This Development Agreement is not a third party beneficiary contract, and shall not in anyway whatsoever create any rights on behalf of any third party. 19. Specific Performance. Strict compliance shall be required with each and every provision of this Development Agreement. The parties agree that failure to perform the obligations established in this Development Agreement shall result in irreparable damage, and that specific performance of these obligations may be obtained by suit in equity. 20. Attorneys' Fees. In connection with any arbitration or litigation arising out of this Development Agreement, the parties shall bear their own attorney's fees and costs through all appeals. 21. Future Rezonin s/Develo merit Permits. Nothing in this Development Agreement shall limit the City's authority to grant or deny any future rezoning or development permit applications or requests, or the right of the Church to apply for or oppose any future rezoning or development permit application subsequent to the Effective Date of this Development Agreement. In addition, nothing herein shall be construed as granting or creating a vested property right or interest in the Church or on the Subject Property. Page 6 of 8 22. Notices. All notices and correspondence shall be sent or delivered by registered or certified mail to the parties hereto, return receipt requested, with copies forwarded to their respective attorneys, at the addresses set forth below or at such other addresses as the parties hereto shall designate to each other in writing: (i) if to City: Mr. Ronald W. McLemore, City Manager City of Winter Springs 1126 East State Road 434 Winter Springs, Florida 32708 Telephone: 407-327-5957 Facsimile: 407-327-4753 with copies to: Anthony A. Garganese, Esq., City Attorney Brown, Ward, Salzman & Weiss, P.A. Post Office Box 2873 Orlando, Florida 32802-2873 Telephone: 407-426-9566 Facsimile: 407-425-9596 (ii) If to Church: Q A.) F. FUSqD,4jwS7-?-A'r0A Fr23i Rt9P 1,5 i cRuA-7V 7 11 -1,17- Any notice or demand so given, delivered or made by United States Mail shall be deemed so given, delivered or made three (3) days after the same is deposited in the United State mail registered or certified, return receipt requested, addressed as above provided, with postage thereon prepaid. Any such notice, demand or document not given, delivered or made by registered or certified mail as aforesaid shall be deemed to be given, delivered or made upon receipt of the same by the party to whom the same is to be given, delivered or made. Page 7 of 8 IN WITNESS WHEREOF, the parties have executed this Development Agreement as of the date first written above. ATTEST: _ g - y: ANDREA L NZO-LUACES City CleA STATE OF FLORIDA COUNTY OF �Mk�e CITY OF WINTER SPRINGS, a Florida Municipal Corporation, _&�tq --w. 1H 4, RONALD W. MCLE,`14ORE City Manager FIRST BAPCHURCH OF WINTER SPRINGS a FloridalorNon Profit Corporation 1)r1� z /C� 1� 1414 .0 Print Name Title Date: The foregoing instrument was acknowledged before me this day of 2002, by _ C��-� ti 4_ as CkkjaA. MoguAftia FIRST BAPTI CHURCH OF INTER SPRINGS�,I Florida Non Profit Corporation, []16o is personally known to me, or [ ] who has produced as identification. a04N Deborah L G0j@oa *49* * commlalon cc=w ENOW M8ft21,2004 OTARY PUBLIC, State f Florida My commission expires: ;u jdWq (SEAL) Page 8 of 8 EXHIBIT "A" SUBJECT PROPERTY 'EC; 'ESbRlklm' GRANT ^`, �$ CFC : ED, ' D R. , mITCHEL _'S SURVEY OP EVY' 'THE 'L ACCORDING TQ .Yt"IE ; PLAT. W"•�-M', 5RE±O t- A8':;iRECOR0E0 IN ' PLAT BOOK -• 1 . PAGE 'S :OF; =THE_ P U B 0 C RECORDS OF SEMINOLE 1 C:nRI0A.•'.LESS�:THE• EAST 1028.5 FEET -=ANC) 'ALSO LESS RIG1iT OF WAY FOR STATE - r s' 6;wM74D•'27.,: ENTZMIN' GERFARMS A00M.0' ,Nd *-2;='A' 6COROING TO THE PLAT FHIEREOF. SAS ._R'EC•dFZO -IN :PLAT BOOK 5, PAGE 9. O! THE-'-?U9LTC.,RECCiR0S 'OF SE.MINOLE Cc)uN7Y,• y4ie CORMA='�XESS 'EXIST€IVG: RIGHT T OF WAYS AND ALS�.-LESS 'THOSE LANDS TAKEN 8Y I]:p:T;; '" REE1`I�QN'AREAS AS PER - D.O.T. STATE ROADS. NO::`43,4 . RIGHT OF WAY MAP, SECTION 7.75aaz'14,. PACES 10 A�tO ' 1. ' BEIiV��; pR7!gUVRLY::DESCRIBE0 AS: G:WT.;.THE'-SQUTHWE$T CORNER ❑F S £ LC9M: 35,` TOVfNSFiIP ^za SOUTH. R4Ic1GE 30 ,F hPFWIROL-E -XOUmTY•_ FLORIDA. _RUN N ��+D?'7'7'QD'". iiv =:ALONG ,'THE WEST LINE -*pF' SAID ! E �i 35'.' ','A-�01STANCE nOF "7 024.43 FE�:.:THENCE-.=N 'gg•29'OO" E 1 i i 6:•1'}� FEET.. :.; I, - CE =;. ;." 3'3 T'00.. E 100.00 FEET. T i tihrCE; • " rS- N' 652�'00:- 535.30•FEET'TO :THE WEST-t`.1 E��OF: LOT -27.' >=IvTZI�1INGER FARf„iS `Ab0TbO �-NO: 2.' -AS RECORDED: IN PL T. BOOT{ OF -TIME-PUBL.IC RECORDS -OF •S,EMINOLE: COUNTY. FLORIDA. THENCE "}- S. 'D7` 4-00 E- ALONG SAID WEST LINE .3Dd.00 -_FEET. THENCE: N 82'04�2" E 29�': `5 .FEET 'T❑ THE VEST LINE- 'OF -.LOT 26. ENTZK4IN0EF2 'EF•ARMS A06IT{ON . N6. 2. ' THENCE N 07'54'00' W ALONG' SAID ' WEST• LINE 289.01 FEET. FOR THE' POINT aF'BEGWNING, THENCE N 07.54'00" W 99,58 FEET. THENCE-,'.Ni66'29'a0_ E 57.18 .FEET. THENCE S 2444-'05" E •� 5.00'�ET TO S PONT ON A CURVE. CONCAVE SOUTHERLY ,RAVING A RADIUS OF. 2176.63 FEET, THENCE RUN ; I[ORTHEASTEIRLY. ALONG THE ARC OF SAID CURVE 1.93.32 -FEET THROUGH A CENTRAL ANGLE OF ' 5*.lI 3 TO A POINT; THENCE RUN N 50 33' 18" • E 26.85 •FEET TO A POINT ON A CURVE~ CONCAVE COU•THERLY -HAVING A RADIUS OF 2175.83 FEET, THENCE RUN NORTHEASTERLY ALONG THE ARC OF SAID : CURYE_: :K-62 FEET' THROUGH A CENTRAL ANGLE OF 02'35'04" TO A 'POINT. THENCE RUN S 88.18'07" W 49.40 ••FEET, THENCE RUN S 56.51 ' 1 5" W 34.81 ' TO A POINT' -ON A CURVE CONCAVE SOUTHERLY HAVING A RAIDS OF 21 76,83 FEET. THENCE RUN NORTHEASTERLY;ALONG THE • ARC OF SAID CURVE 201.01' TO - A•-,POIN.7:'-;THENCE RUN' S 0T43.58" E 743.94 FEET; -THENCE. RUN S 83'04'32" W 377.99'; THENCE RUN N '0T48'51 W 25.00 FEET: THENCE RUN S aY01'40' W_ 12.50 FEET;• THENCE RUN N 07'46'51 'IN 181.38 -FEET: .THENCE RUN 61 62'02.18" W 155.21 FEET TO A POINT ON A CURVE CONCAVE NORTHEASTERLY- HAVING A RA1U5 •OF 383.00 FEET, THENCE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE 208-So FEET THROUGH A CENTRAL ANGLE OF 3?'14'T T" TO A POINT: THENCE RUN: -N 30'48.07' Y1 65.28 FEET TO THE POINT -Or BEGINNING. LESS THE 25 FOOT RIGHT OF WAY:'. - FLOOD 19EORMA T ION: PROPERTY ADDRESS: _-FLO�D'ZONE :bdM 4LJNITY= NO. X/AE 121 17CO 135E STATE ROAD' 434-VACANT ' - 120289 W1NTErR' SPRWGS, FLORIOA _ 0135 `- DATE:•.OF i-'1RM 4/ 1 7/95 _ DATE. -OF SURVEY 12/23/96 r' SURVEY NO. 12291 CERTIFIED.JOI: q - FIRST;.BAPTIST CHURCH.OF. WINTER SPRINGS -='•. PRODUCTS & SERVICES, INC. January 11, 2002 MEETING WITH ZYNKA PEREZ- ENGINEERING INSPECTOR BAPTIST CHURCH OF WINTER SPRINGS PERMANENT C of O ISSUES THAT AIR-PAK WILL REMEDY IMMEDIATELY: 1. Present City full and complete FDOT written acceptance of Hwy 434 improvements. Inclusions: a. Complete thermo coating of arrows, etc. on Hwy 419 & intersection. b. Re -install the single pole FDOT sign on new concrete island in median_ c. Omit all excess asphalt slag and debris in R.O.W. areas. d. Move electric signal pull box for traffic control, outside asphalt area. 2. Omit site utility remnants from site, including: a. Chunks of concrete at repaired water valve (at Shore Road). b. Remove all water, sanitary, and misc. pieces of pipe from site. See around the lift station and Shore Road. 3. Provide certfication from Allstate Paving that lot paving meets or exceeds the design thickness. Option would be to provide a certified coring report. �"RMANENT C of O ISSUES OWNER (CHURCH) IS RESPONSIBLE TO RESOLVE: 1. Provide illuminated street numbers near Hwy 434 R.O.W. Post with ground flood will suffice. 2. Issue to City, 2 year maintenance bond applicable to 10% of cost of water service_ Amount can be determined by American Civil Engineering Co. 3. Have American Civil Eng_ Co. revise 12/05/01 As-Builts to reflect as -built layout or Church portico/paving orientation. ALL sheets need to be same overlay. 4. Paving section and Paving Plan are not the same from building out. It is not reflective of City's combination T-0' sidewalk & iandscaaairt g Lirement. American Civil Eng. Co. to respond. ISSUES THE CITY NEEDS FINAL INTERPRETATIONS: 1. Whether curbs will be required 2. City requirement for 5' walkway from Hwy 434 R-O.W. to Church front entrance. 3. Is the present limits of Landscaping adequate until next phase of expansion? 4_ What is City requirement for a "water feature" if necessary? Attendees: Zynka Perez- City of VVnter Springs Scott Jaze- APPSI Bill Ekdahl- APPSI 2976 FORSYTH RD. • WINTER PARK, FL 32792 0 (407) 678-1847 . (407) 679-5655 EXHIBIT "B" JRN-29-2002 14:23 SPRINGS 4'31' d' 52'U7'16' E 'A 706.55' -'56'41' (L1.) I" 4J.37' 223.84' H 34sf0f. W fsp ys Delta - 124.16'01' Arc — 108.4-4 Chd.brq. e N 12'43'00' W 4_ w -> BROWN,4VARO,SALZNIAN&WEISS,PA. Page 3 P.03 ffiIBIT "C" LOT RCQWM - Delta Are a 4- Chd.8ry. LIMITS` F CONSr. 1 Go. 0 0 ILT r 0 00 FLT EXIS77NG WATER RETENTION 7 AREA 10 i