Loading...
HomeMy WebLinkAboutTab 44 Janet M. Mann.pdfIINMARailHICIIIMI0IllIHIIa1114111111Iail THIS INSTRUMENT WAS PREPARED BY AND SHOULD BE RETURNED TO: Anthony Garganese City Attorney of Winter Springs �� i� Brown, Garganese, Weiss & D'Agresta, P.A. LJ 255 E. Robinson St., Suite 660 Orlando, FL 32802 (407)425-9566 MAARYANNE M ORSE, CLERK OF CIRMIT COURT SEMINOLE CMINTY BK 06659 Aqs 1449 - 1455; (7pgs) CLERK' S 0 20074.555295 RECORDED 04/16/2007 08:18:43 AN RECORDING FEES 61.00 RECORDED BY T Saith FOR RECORDING DEPARTMENT USE ONLY DEVELOPMENT AGREEMENT/NOTICE OF ZONING RESTRICTION THIS DEVELOPMENT AGREEMENTINOTICE F ZONING RESTRICTION (the "Agreement") is made and executed this �_ day of rrt.� , 2007, 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, and JANET M. NIANN, trustee ("Owner"), whose address is 282 W. S.R. 434, Winter Springs, Florida 32708. WITNESSETH: WHEREAS, this Agreement is entered into in accordance with the Florida Municipal Home Rule Powers Act (providing broad powers to municipalities unless prohibited by law) Section 20-31(e), City of Winter Springs Code (authorizing the imposition of more restrictive zoning conditions when considering rezoning applications), and Section 20-474, City of Winter Springs Code (authorizing development agreements to vary the standards of the S.R. 434 guidelines); and WHEREAS, this Agreement is related to certain real property generally located at 282 W. State Road 434, and legally described on EXHIBIT `-A," which is attached hereto and fully incorporated herein by this reference ("Property"); and WHEREAS, Owner desires to amend the future land use map designation on the Property from Seminole County "Suburban Estates" to Winter Springs "Commercial;" and WHEREAS, Owner also desires to amend the zoning map classification for the Property from Seminole County Agricultural to Winter Springs "Neighborhood Commercial;" and WHEREAS, the Property is located adjacent to Barrington Estates, a low density, detached residential single family residential neighborhood, with no house greater than two floors or thirty-five feet in height; and WHEREAS, Owner and City desire to ensure that any future neighborhood commercial development is compatible with the adjacent Barrington Estates, especially with respect to the maximum height of any building or structure which may be constructed on the Property; and Development Agreement City of Winter Springs and Janet M. Mann, Trustee Page 1 of 6 WHEREAS, section 20 31, Winter Springs Code, provides that at the request of a property owner, the City Commission may approve a rezoning request subject to restrictions which impose more restrictive requirements than otherwise permitted in the zoning district; and WHEREAS, Section 20-474, City of Winter Springs Code provides that the City Commission may approve, on a case -by -case basis, variations from the standards of the S.R. 434 guidelines; and WHEREAS, the current maximum building height for the Property is thirty-five (35) feet under the Suburban Estates classification and Owner desires to maintain that height limitation despite any applicable city code allowing a greater height; and WHEREAS, in furtherance of the property owner's request to amend the Comprehensive Plan and rezone the Property, Owner and City agree that the maximum height of any future structure or building on the Property should remain and be limited to two stories, not to exceed 35 feet in height, even if any applicable city code permits higher structures or buildings. 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, Section 20-31(e), City of Winter Springs Code, and Section 20-474, City of Winter Springs Code. 3.0 Height -Zoning Restrictions.No building or structure on the Property shall exceed two stories, not to exceed thirty-five (35) feet in height. 4.0 Representations of the Parties. The City and Owner 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 Owner 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. Owner 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 as both a binding contractual obligation and as a binding condition of the rezoning referenced above. 5.0 Successors and Assigns. This Agreement shall automatically be binding upon and shall inure to the benefit of the City and Owner 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. Development Agreement City of Winter Springs and Janet M. Mann, Trustee Page 2 of 6 6.0 Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. 7.0 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. 8.0 Entire Agreement; Exhibits. This Agreement and all attached exhibits hereto supercedes any other agreement, oral or written, regarding the Property and contains the entire agreement between the City and Owner as to the subject matter hereof. The Exhibits attached hereto and referenced herein are hereby fully incorporated herein by this reference. 9.0 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. 10.0 Effective Date. This Agreement shall become effective upon approval by the City Commission and execution of this Agreement by both parties hereto. 11.0 Recordation. This Agreement shall be recorded in the Public Records of Seminole County, Florida. 12.0 Relationship of the Parties. The relationship of the parties to this Agreement is contractual and Owner 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. 13.0 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 one hundred thousand dollars ($100,000.00), 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 two hundred thousand dollars ($200,000.00). 14.0 Citv's Police Power. Owner 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. 15.0 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 disputAetween the parties. Development Agreement City of Winter Springs and Janet M. Mann, Trustee Page 3 of 6 16.0 Third -Pa 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. 17.0 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. Specific performance of these obligations may be obtained by a suit in equity. 18.0 Attorney's Fees. In connection with any arbitration or litigation arising out of this Agreement, the prevailing parry shall be entitled to recover reasonable attorney's fees and costs through all appeals to the extent permitted by law. 19.0 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 Owner 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 Owner is in breach of any term and condition of this Agreement. 20.0 Default, Opportunity to Cure. Should either parry desire to declare the other parry in default of any term and condition of this Agreement, the non -defaulting parry 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. 21.0 Termination. This Agreement may only be terminated with the prior approval of the City Commission at a duly noticed and held public hearing. The City Commission reserves the right to administratively and unilaterally terminate any zoning restriction imposed hereunder after providing the Owner with written notice and an opportunity to be heard at a duly held public hearing. If the City Commission terminates this Agreement, the City shall record a notice of termination in the public records of Seminole County, Florida. [Signature Page Follows] Development Agreement City of Winter Springs and Janet M. Mann, Trustee Page 4 of 6 IN WITNESS WHEREOF, the parties have hereunto set their hands and seal on the date first above written. ATTES By: Andre orenzo Luaces, City Clerk CITY OF WINTER SPRINGS By: - �.k /66� F. Bush, Mayor APPROVED AS TO FORM AND LEGALITY For the use and reliance of the City of Winter Springs, Florida only. Cf Date: ■ d 7 By: ny A. arganese, City Attorney for the City of Winter Springs, Florida J Development Agreement City of Winter5prings and Janet M. Mann, Trustee Page 5 of 6 Signed, sealed and delivered in the presence of the following witnesses: Si rre of s Printed Name of Witness Si re of Wi ss Printed N of Witness STATE OF FLORIDA COUNTY OF SEMINOLE JANET M. MANN, trustee (owner) of said property NmZ t M. Mann, trust Date: The foregoing instrument was acknowledged before me this 2007, Janet M. Mann, as trustee (owner), on behalf of said per onally known to me or produced iXpaY (NOTARY SEAL) Public `ati% i.j"4� (Print Name A MY M . C O Q!{ Not Public State of ;* x- Commisaian M 0D0384923 _yyy ray CammlialaM1 ! apltge u] •09-2004 Commission No.: ,?aF fQ aandap thfnugh ftf1da N010ty AiFn, ,11.11 My Commission Expires: Development Agreement City of Winter Springs and Janet M. Mann, Trustee Page 6 of 6 day of property. She is as identification. Exhibit'A' Source: City of Winter Springs & Seminole County GIS Data, January 2007 0 175 350 700 Feet N Metes and Sounds Description: THE SOUTH HALF (S 1/2) OF THE NORTHEAST QUARTER (NE 1/4) OF THE NORTHEAST QUARTER 31E EAST} LESS THEOF SOUTHEAST URIGHT OF QUARTER AND LESSE 5, THE WEST0N 4. TOWNSHIP 21 425 FEET THEREOF. SOUTH, RANGE BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGIN AT THE SOUTHEAST CORNER OF LOT 57, BARRINGTON ESTATES, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 52. PAGES 77 THROUGH 80. INCLUSIVE. IN THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA. SAID POINT BEING ON THE EAST LINE OF THE SOUTHEAST 1/4 OF SECTION 4, TOWNSHIP 21 SOUTH, RANGE 31 EAST: SEMINOLE COUNTY, FLORIDA; THENCE RUN 500'21'31 "E. ALONG THE EAST LINE. OF THE SOUTHEAST 1/4 OF SAID SECTION 4, A DISTANCE OF 3Z1.36 FEET TO A POINT ON THE NORTH RIGHT OF WAY LINE OF STATE ROAD NO. 434; THENCE ALONG THE NORTH LINE OF STATE ROAD NO, 434 THE FOLLOWING THREE COURSES; THENCE S8562Z'57"W, A DISTANCE OF 206.37 FEET, THENCE N00'37'03"W, A DISTANCE OF 5.00 FEET; THENCE SE1722'57"W. A DISTANCE OF 32:50 FEET TO A POINT ON THE EAST LINE OF THE WEST .425.00' OF THE SOUTH 1/2 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 4; THENCE DEPARTING SAID NORTH RIGHT OF WAY LINE LINE RUN NOO'02'02'W, ALONG THE SAID EAST LINE OF THE WEST 425,00' OF THE SOUTH 1/2 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 4, A DISTANCE OF 31a.27 FEET TO A POINT ON THE SOUTH LINE OF AFORESAID PLAT OF BARRINGTON ESTATES, SAID POINT ALSO BEING ON THE NORTH LINE OF THE SOUTH 1/2 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4. OF THE SOUTHEAST 1/4 OF SAID SECTION 4; THENCE N69'50'13"E, ALONG THE SOUTH LINE OF SAID 9ARR GTON ESTATES AND NORTH LINE OF SAID SOUTH 1/2 OF THE NORTHEAST 1/4 OF THE NOM EAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 4, A DISTANCE OF 235.83 FEET TO THE POINT OF BEGINNING.