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ANNEXATION AND PRE-DEVELOPMENT AGREEMENT
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THIS AGREEMENT is made and entered into this ~~l_ day o (May , 1998, by
and between the City of Winter Springs, Florida (herein referred to as the "City") and
Battle Ridge Companies, Inc. (herein referred to as the "Owner").
W l I N E S S. E I H:
WHEREAS, Owner owns property located in unincorporated Seminole County
on the east side of the State Road 417 (a/k/a "The GreeneWay") and north of State
Road 434 and has filed an Application for Annexation of Owner's property into the City
which land is described on Exhibit "A" attached hereto and incorporated herein, and
WHEREAS, the City has encouraged Owner to annex into the City and
acknowledges the continuing permanent benefit which the City will receive by virtue of
annexing Owner's property and acquiring the right to provide municipal services to the
Property, and
WHEREAS, the City has determined that it is in the City's best interest to enter
into this Agreement to assure Owner of the future availability of adequate municipal
services, including sewer and water service, at such times and in such capacities as
may be necessary to allow Owner to develop the Property as set forth herein, and
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WHEREAS, Owner's plans for development of the Property as a high-quality,
residential development have been deemed by the City to be of substantial economic
benefit to the City and its citizens. Owner's plans further include creating a
conservation area for the benefit of preserving and protecting over two-thirds of the
Property in its natural state, which will be of substantial benefit to the City and its
citizens, and
WHEREAS, the City has determined that it is feasible and in the City'~_best
interest to extend into Owner's Property other municipal services, such as police
protection, fire protection, sewer and water service, trash and garbage removal, street
and storm drainage maintenance, and
WHEREAS, in reasonable reliance upon the provision of water and sewer
service, municipal services, and other inducements to annex, Owner has .filed said
Application for Annexation pursuant to 171.044, Florida Statutes, and
WHEREAS, Owner has filed an application with the City for a large scale
comprehensive plan amendment to change the Future Land Use Map designation of
the developable portion of the Owner's property designated on the Seminole County
Future Land Use Map as "Suburban Estates" (1 Dwelling unit per acre) to the City's
Future Land Use Map designation of "Lower Density Residential" (1.1 to 3.5 Dwelling
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units per acre) and to change that portion of the Owner's property designated on the
Seminole County Future Land Use Map as "Conservation Overlay" to the City's Future
Land Use Map designation of "Conservation," and
WHEREAS, Owner has made an application to the City to rezone the
developable portion of Owner's property from Seminole County Zoning Map designation
A-1 "Agriculture" to the City's Zoning Map designation R-1 A "One-Family Dwelling
District," and
WHEREAS, Owner is further willing to annex if the City agrees to cooperate in
the effort to amend its Comprehensive Plan Future Land Use Map to accommodate
and be consistent with the land uses permitted for residential uses as described herein
and otherwise do what is reasonably necessary to rezone the property pursuant to
these land uses, and
WHEREAS, the first reading of Ordinance 694 to annex the property was held on
January 12, 1998 and the second reading and public hearing of Ordinance 694 was
held on January 26, 1998, and
WHEREAS, the first reading of Ordinance 695 to adopt the large scale
comprehensive plan amendment (LG-CPA-1-95) changing the Future Land Use Map ~
designation of the property was held on January 12, 1998 and the second reading and J:
public hearing of Ordinance 695 was held on January 26, 1998, and 25
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WHEREAS, the first reading of Ordinance 696 changing the Zoning Map
designation of the property was held on January 12, 1998 and the second reading and
public hearing of Ordinance 696 was held on February 9, 1998, and
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WHEREAS, Owner and City believe that it is in the best interest of each party to
enable the Property to be developed substantially in accordance with the preliminary
development plan attached hereto as Exhibit "B" (the "Preliminary Developm~nt Plan")
and as further described herein, in accordance with Part II of Chapter 163, Florida
Statutes, the Local Government Comprehensive Planning and Land Development
Regulation Act (the "Act"), other applicable Florida Law and the Charter and Code of
Ordinances of the City, and
WHEREAS, City and Owner hereby acknowledge and warrant to the other that
this Agreement and any future acts as required hereby are binding and enforceable on
the City arid Owner in accordance with their terms, and
WHEREAS, the agreement of the City to provide inducements as set forth in this
Agreement (including land use approvals) and be bound by this Agreement, as well as
the City's assurance to the Owner that this Agreement is enforceable against the City
and that the City will not seek to thwart enforcement based on any claim of invalidity,
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are all material inducements to the Owner to enter into this Agreement, and the Owner
would not voluntarily annex into the City or enter into this Agreement but for such
agreement and assurances by the City, and
WHEREAS, Owner has already made and will continue to make financial
commitments and has paid and will continue to pay substantial sums of money in
contemplation of the rezoning and redesignation of land use to develop the Property,
and
Accordingly, in consideration of mutual benefits, the public interest and other
good ana valuable considerations, the receipt and sufficiency of which are hereby
acknowledged, the parties hereto agree as follows:
SECTION 1. RECITALS: EXHIBITS. The above recitations are true and
correct, are hereby incorporated herein by reference, and form a material part of this
Agreement All exhibits to this Agreement are hereby deemed a part hereof.
SECTION 2. AUTHORITY. This Agreement is entered into under the authority
of the Florida Constitution (including Article VIII, Section 2(b) thereof), the general
powers conferred upon municipalities by statute and otherwise (including Chapter 163
and 166, Florida Statutes), and the City's Charter.
SECTION 3. ANNEXATION AND COMPREHENSIVE PLAN AMENDMENT.
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A. Owner filed with the City, on August 2, 1995, an Application for rT1
Annexation of the Property, which is conditioned upon the adoption of this Agreement.;
The City initiated the process to accomplish the annexation in accordance with law. ~
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B. Owner has filed with the City, on August 2, 1995, an Application for g
Comprehensive Plan Amendment in order to amend the City's Future Land Use Map tch,
include the Property and provide for a future land use designation for the Property of I
Lower Density Residential. The City initiated the process to accomplish the
Comprehensive Plan Amendment in accordance with law.
SECTION 4. DEVELOPMENT OF THE PROPERTY.
A. The sizes, configurations and boundaries of the parcels and. roadways
shown in the Preliminary Development Plan are for conceptual planning purposes only
and shall not bind Owner to develop the Property in strict conformity with the
Preliminary Development Plan. In the event of any conflict between the terms of this
Agreement and the Preliminary Development Plan, this Agreement shall control.
B. The classification labels and descriptions pertaining to the parcels and the
locations of the lake/conservationlretention areas shown in the Preliminary
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Development Plan are approximate. The exact location and configuration of said
lake/conservation/retention areas shall be subject to change pursuant to regulations of
the appropriate county, state and federal permitting agencies. The parties
acknowledge that portions of the lake/conservation/retention areas shown in the
Preliminary Development Plan may be identified as wetlands. Owner may use, develop
or set aside isolated or marginal wetlands provided that the same is in compliance with
all federal, state, county, water management district and other applicable local
regulations.
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C. Following delineation of the jurisdictional wetland lines, the parties
acknowledge that the parcels in the Preliminary Development Plan are calculated in
gross developable acres and when developed will include, as necessary, storm water
retention and detention areas, recreation and open space, streets as well as the
lake/conservation/retention areas shown in the Preliminary Development Plan.
D. As designated in the Preliminary Development Plan, the Property shall be
developed pursuant to the standards established for zoning categories consistent with
Lower Density Residential Land Use on the City's Future Land Use Map. The City will
support and approve a rezoning to R-1A One-Family Dwelling District allowing
residential use consistent with the Preliminary Development Plan, this Agreement, and
the City's Comprehensive Plan and the City's Land Development Code.
E. The parties acknowledge that the Preliminary Development Plan shall be
the basis for Owne(s development of the Property, subject to such modifications as U1
may be mutually agreed upon by the parties or are required by existing City ordinance~
The parties recognize that as the development process proceeds, it may be necessary:z:
to amend the Preliminary Development Plan either: (i) as may be mutually agreed upo~
by the parties; or (ii) as permitted by Section 163.3233(2), Florida Statutes; or (iii) as ~
required by currently existing City ordinances. The City shall do what is necessary and?
within its power and authority to grant and allow development permits and approvals, ~
including, without limitation, platting, for the orderly development of the Properjy in
accordance with this Agreement.
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F. Owner represents to the City that Owner shall establish a homeowners'
association to ultimately own and maintain the entranceway amenities and other
commonly owned amenities within the residential development on the Property.
G. Owner or its authorized representative shall submit to the City such
applications and other documentation and shall comply with such other procedures as
may be normally and customarily required by the City for comprehensive plan
amendments, rezoning, platting, site plans and other development approvals or permits.
Owner acknowledges and agrees that the City will not be responsible for any money
expended by Owner if the Comprehensive Plan Amendment is not approved by the
State.
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H. Except as otherwise set forth herein, all development of the Property shall
be subject to compliance with current City ordinances, and with regulations of state,
local and federal agencies.
SECTION 5. PROPERTY OWNERSHIP. Owner acknowledges and represents
to the City that Owner is the owner of the Property and that Owner is empowered to
enter into this Agreement. Owner further represents that nothing in this Agreement is
barred or prohibited by any other agreement between Owner and any governmental
agency or any third party.
SECTION 6. PROVISION OF PUBLIC FACILITIES AND SERVICES.
A. The City represents that it has sufficient water capacity and pressure to
serve the Property. The City represents to Owner that the City has a ten (10) inch
water line located approximately 1,200 feet from the western boundary of the Property
at State Road 434 and that Owner has the right to connect to such water line. All lines
and connections necessary to provide water facilities and services shall be provided
from the City's water line to the Property by Owner: Owner shall, upon completion of
construction and installation of such water line, deliver to the City a statement setting
forth the cost of the construction and installation thereof. Subject to approval of FOOT,
the City represents to Owner that all necessary rights-of-way to allow installation of all
lines and connections necessary to provide water facilities and services from the City's
water line to the Property as aforesaid are available.
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B. The City represents that it has sufficient sewer capacity to serve the ::I: GJ
Property. The City represents to Owner that the City has a six (6) inch sewer line 23
located approximately 2,200 feet from the western boundary of the Property at State ~ 1
Road 434 and that Owner has the right to connect to such sewer line. All lines and ()
connections to provide sanitary sewer services shall be provided from the City's sewer ~ ~ .U
line to the Property by Owner. Owner shall, upon completion of construction and ~ C'0 ~
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installation of such sewer line, deliver to the City a statement setting forth the._cost of
the construction and installation thereof. Subject to approval of FOOT, the City
represents to Owner that all necessary rights-of-way to allow installation of all lines and
connections necessary to provide sewer facilities and services from the City's sewer
line to the Property as aforesaid are available. The City will take all steps necessary to
assure that sufficient capacity to serve the Property with sanitary sewer services shall
be available when needed for development by reserving for the Property sufficient
equivalent residential units (ftERU'sft) for the proposed project. The Owner shall be
required tb pay annual guaranteed revenue charges for each ERU (Water and Waste
water Equivalent Residential Unit) beginning at the time of Florida Department of
Environmental Protection construction application, and continuing annually until
issuance of a construction certificate of project infrastructure by Florida Department of
Environmental Protection.
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C. The City hereby agrees that Owner has the right to delay payment of
water and sewer connection fees until issuance of each building permit by the City for
construction of a single family residence on the Property. The City hereby represents
that the current service availability charge for sewer is $1,890.00 and the current
service availability charge for water is $560.00. The Owner shall be required to pay the
service availability change applicable at the time said fees are assessed on a parcel or
property.
D. The parties acknowledge and agree that it is not feasible to install
reclaimed water lines in this development; accordingly, the same shall not be required.
E. No septic tanks shall be allowed on the Property.
SECTION 7. CITY CONDITIONS OF APPROVAL.
It is hereby ORDERED AND RESOLVED by the City Commission of the City of
Winter Springs, Florida, that the property referred to as the BATTLE RIDGE
PROPERTY (hereinafter referred to as the "Property"), be annexed into the City,
designated on the Future Land Use Map and in the City's Comprehensive Plan as
"Lower Density Residential" and rezoned to R-1A subject to the following terms and
conditions:
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A.
Comprehensive Plan AmendmenUEffective Date.
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The effective date of this Agreement shall be the date on which the ~ ~
Comprehensive Plan Amendment (LG-CPA-1-95) is approved by the Cityx W
This Agreement shall be recorded with the Recording Department of the ~ 1
Clerk of Courts of Seminole County within ten (10) days after execution bf'
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the Mayor of the City. ? 0
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Development of the Property.
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1. The Property shall be developed in accordance with
Comprehensive Plan Amendment (LG-CP A-1-95) which designates
the Property City Future Land Use Map "Lower Density
Residential" (1:1 to 3.5 Dwelling Units per acre). However, the
actual net developed density shall not exceed 2.56 ur'lits per acre.
2. The property shall be developed as a residential community with
preservation of the wetlands portion of the Property in a non-
developed natural state. The uplands portion of the Property shall
be developed as a residential community in accordance with the
requirements in Chapter 20 Article III, ~ivision 4, R-1A One Family
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Dwelling District, and Chapter 9 of the Land Development
Regulations, Winter Springs City Code.
C. Wetlands.
1. Any existing wetlands or other areas which are in the jurisdiction of
the Florida Department of Environmental Protection (FDEP), St.
Johns River Water Management District (SJRWMD), or the U.S.
Army Corps of Engineers (ACOE) shall be subject to the applicable
rules and regulations of those respective agencies.
2. Following final wetlands boundary determination and platting, but
. within one year of this Agreement: the Owner of the Property shall
convey, at no cost to the Grantee, the wetlands portion of the
Property to a responsible public or private non-profit environmental
agency reasonably acceptable to the City. Pursuant to City Code,
all wetlands shall be delineated according to FDEP, SJRWMD, and
ACOE jurisdictional lines.
3.
To further protect the adjacent wetlands, Developer agrees to
design its stormwater runoff and retention system for the uplands
developable portion of the project in accordance with Outstanding
Florida Water (OFW) design criteria as established by Florida
Department of Environmental Protection and the St. Johns River
Water Management District.
4.
Property will be developed in a manner to avoid any negative
impacts on any endangered plant or animal species. Further, no
construction shall be permitted within the one hundred (100) year
flood plain line as most recently established for this property.
D. Fire and Police Public Safety Facilities Impact Fees.
Applicants for building permits within the Property shall comply with the
City Impact Fee Ordinances, as they may from time to time be amended,
imposing impact fees for fire and police public safety facilities.
E. Transportation.
1. Applicants for building permits within the Property shall comply with
the City Road Impact Fee Ordinance, as it may from time to time
be amended, imposing impacts fees for transportation
. improvements.
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2. . The costs of all street signs and traffic control signs and devices
located within the Property, shall be borne by the Owner or
Developer.
3.
4.
F.
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The Owner or Developer agrees to improve the State Road 434
project entry, as part of required installations of subdivision
improvements required by the City Code on the Property, to allow
two (2) outbound and one (1) inbound entry movements,
acceleration and deceleration lanes along State Road 434,
provided these improvements are allowed by Florida Department of
Transportation.
The Owner will design its internal road network to preclude
connection to adjacent properties to the east. To further assure
that the road system is not connected to future developments to
the east, Developer will dedicate on the plat or by separate
recorded instrument ten feet of property on the east property line of
Owner's developable property to the project's homeowner's
association as a preserve area. The only improvements which
shall be allowed in said preserve area are those necessary to
effectuate any type of natural scenic trail, as expressly authorized
by Owner.
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The Owner or Developer of the Property shall install a six (6) foot masonij
wall on that portion of the Property separating any actual residential units:;,
from proposed commercial properties along the north side of State Roado
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434.
G. Building Restrictions.
The building restrictions shall be those found in the R-1A Single Family
Dwelling District, Chapter 20, Article III, Division 4 of the Code of
Ordinances of the City. They are:
1. Residential Areas:
a. Minimum lot size of residential sites within the Property shall
be eight thousand (8,000) square feet with a minimum lot
width of seventy five (75) feet measured at the front building
line. The maximum number of lots shall be one hundred
and ten (110).
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b. Building setbacks shall be:
Front: 25 feet
Side: 7.5 feet
Rear: 25 feet
Corner lots:
On corner lots, the front line setback of twenty-
five (25) feet or more must be maintained, but
a fifteen (15) foot sideline setback will be
permitted on the street sideline, provided the
corner lot faces the same way as all other lots
in the block. If the building faces the long
dimension of the lot or where corner lots face a
different thoroughfare than other lots in the
block, the twenty-five (25) foot or greater
setback must be maintained from both.
thoroughfares.
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Forty (40%) percent of the lot area is the maximum which rn
may be covered by the principal and accessory buildings org
structures located thereon in the R-1A One Family Dwelling~
District. '
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Lot coverage.
d. Building height.
No building or structure shall exceed thirty-five (35) feet in
height.
e. Residential floor area.
The minimum heated/air conditioned floor areas shall be
1,800 square feet.
2. Non-residential Area.
a. The non-residential area of the Property shall comprise the
wetland areas following final boundary determination and
platting, it is the intent of the Owner of the Property that no
development occur within the wetland areas.
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b. Following final boundary determination and platting, all
wetlands shall be delineated according to FDEP, SJRWMD
and ACOE. Wetlands shall mean those areas established ~
as jurisdictional by these agencies. ~
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3.
All areas lying outside primary and accessory buildings will be ."
counted toward open space requirements, including entrancewayS:
stormwater management areas, yards, lot landscaped areas, and
easements.
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4. Development plans.
a. For the duration of this agreement, except as otherwise
provided for herein, all development plans and standards
shall meet the regulations and policies of the City in effect at
the time of execution of this Agreement.
b. Where there may be a conflict between this Agreement and
the City development regulations, this Agreement shall
prevail.
. c. Developer acknowledges its obligation to develop/construct
all improvements on said property in accordance with all
applicable City codes modified pursuant to State of Florida
Statute 163.3233 and Federal laws as they may from time to
time be amended unless specifically modified herein.
d. Parks and recreation.
No on-site park or recreation facilities will be required of this
development. The developer is required to pay a fee-in-lieu
per Policy 1 of Objective E in the Open Space and
Recreation Element of the City's Comprehensive Plan.
The fee-in-lieu will be established by the Parks and
Recreation Director.
e. Water and Sewer.
I. The City shall provide potable water service to the
Property. The Owner or Developer will pay for the
extension of trunk lines to the buildable portion of the
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Property and pay other customary costs necessary or
required in connection with such service.
II. The sizing of the trunk line shall be sufficient only to
provide water service to the buildable portion of the
Property and to no other surrounding properties.
III. The City shall provide central sanitary sewer
collection and treatment service to the Property. The
Owner or Developer will pay for the extension of trunk
lines to the buildable portion of the Property and pay
other customary costs necessary or required in
connection with such service.
IV.
The sizing of the trunk line shall be sufficient only to ~
provide central sanitary sewer collection service to 3:
the buildable portion of the Property and to no other~
surrounding properties. ~
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Homeowners Association.
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A mandatory homeowners association will be formed to provide a
responsible entity to maintain all common areas.
6. The Developer shall make a good faith effort to have the retail
value of the completed homes and lots to be in the $180,000 and
higher price range.
H.
The Developer shall make a good faith effort to have the Florida Audubon
Society designate this project as environmentally responsible.......__..
I. The Developer shall conduct a grid archeological survey of the
developable site prior to commencing construction of the subdivision
improvements.
J. To ensure continuation of the Cross Seminole/Florida National Scenic
Trail, the Developer shall coordinate with Seminole County G1uring the
subdivision platting process to explore opportunities that might exist to
extend the trail through the Property, including extension through the ten
(10) foot preserve area required in section 7, part E, paragraph 4 of this
Agreement.
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SECTION 8. PERIOD OF EFFECTIVENESS AND COMPLIANCE DATE.
A. This Agreement shall take effect upon City Commission approval of the
Comprehensive Plan Amendment (lG-CPA-1-95) and shall remain in
effect for a period of ten (10) years from the date of execution.
B. This Development Agreement shall be binding upon all successors in
interest to the parties of the Agreement.
C. The effective date this Agreement may be extended upon request of the
Owner or Developer and City Commission approval.
SECTION 9. LAND USE ZONING AND DEVELOPMENT REGULATION
APPROVALS. The development of the project must comply with the conditions of the
Agreement. In the event a development requirement, permit, condition, term or
restriction is not addressed in this Agreement, the development will comply with the
zoning ordinance, subdiVision regulations, and other applicable land development
codes in effect as of the adoption of this Agreement.
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SECTION 10. CONSISTENCY. The City finds this Agreement and its terms aria
conditions consistent with the City's Comprehensive Plan. n
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SECTION 11. REMEDIES. The developer agrees that the only remedy: for the~
Owner in the event the Owner asserts the City has breached this agreement is an
action for injunctive relief in the Circuit Court of Seminole County, Florida. Owner shall
have no right to monetary damages or attorney's fees in the event the City breached
this agreement.
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SECTION 12. DUE DILIGENCE. The City and Owner further covenant that they
shall immediately commence all reasonable actions necessary to fulfill their obligatioRs- _ _ ___.
hereunder and shall diligently pursue the same throughout the existence of this
Ag reement.
SECTION 13. ASSIGNMENT. The parties recognize and acknowledge that
Owner may engage one or more developers or builders (hereinafter referred to as
"Developer"), other than Owner, to effect the development of the Property, including the
sale of all or portions of the Property to such developers or builders. Upon recordation
of this Ag!eement in the Public Records of Seminole County, Florida, as hereafter
provided, successor builders or developers shall be bound by the terms hereof.
SECTION 14. MISCEllANEOUS.
A. Entire Aqreement. This Agreement sets forth all of the covenants,
agreements and conditions between the parties hereto, and supersedes all prior and
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contemporaneous agreements, understandings, inducements or conditions, express or
implied, oral or written, except as herein contained.
B. Pronouns. All pronouns and any variations thereof shall be deemed to
refer to the masculine, feminine and neuter, singular or plural, as the identity of the
party or parties, successors or assigns may require.
C. Counterparts. This Agreement may be executed in one or more
counterparts, each of which shall be deemed an original, but all of which shall together
constitute one in the same instrument.
D. Governinq Law. This Agreement shall be construed in accordance with
the laws of the State of Florida.
E. Severability. If one or more provisions contained in this Agreement shall,
for any reason, be held to be invalid, illegal or unenforceable in any respect, such
invalidity, illegality or unenforceability shall not affect any other provision hereof and this
Agreement shall be construed as if such invalid, illegal or unenforceable provision had
not been contained herein.
F. Contraction. In the event the City fails to adopt an amendment to the
Future Land Use Map of the City's Comprehensive Plan and to the City's zoning map
designating the Property as described herein or the City fails to implement any of the
conditions set forth. herein, Owner shall have the right to deliver a notice to the City
requesting a deannexation and contraction of the Property which the City shall have the
absolute obligation to implement.
G. Notice. Any notice to be given in accordance with this Agreement shall
be in writing and shall be sent by hand delivery, overnight mail, or certified mail, return ~
receipt requested, to the party being noticed at the following addresses: :::r
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AS TO CITY:
City of Winter Springs, Florida
1126 East State Road 434
Winter Springs, Florida 32708-2799
A TTN: City Manager
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COpy TO:
City of Winter Springs, Florida
1126 East State Road 434
Winter Springs, Florida 32708-2799
ATTN: City Clerk
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AS TO OWNER:
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Ga~8Bftkern, rrcsiG-eRt
Battle Ridge Companies, Inc
1000 River East Drive
Belle, West Virginia 25015
COPY TO:
Frederick W. Leonhardt, Esq.
Gray, Harris & Robinson, P.A.
201 East Pine Street
Suite 1200
Orlando, Florida 32802-3068
SECTION 15. DEVELOPMENT RIGHTS. Owner shall have the right to use and
develop the Property as described in this Agreement. Furthermore, Owner does not
waive any right to use or develop the Property arising under the common law or the
laws of the State of Florida.
This agreement is subject to provisions of Florida Statute 163.3235, and 163.3241
providing for periodic review, and modification or revocation of a development
agreement to comply with subsequently enacted state and federal law. The
Development Agreement is also subject to Florida Statute 163.3233 regarding the local
laws and policies governing a development agreement.
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ADOPTED by the City of Winter Springs this' ~ day otMay, 1998.
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IN WITNESS WHEREOF, the Owner and the City have executed this Agreement
as of the day and year approved by the City. ~
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BATILE RIDGE COMPANIES, INC. rn
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eith Hartman
Senior Vice President
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STATE OF __ U )(Sf V~ r~8 ' I)' ('--
COUNTY O~L.JH'---
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'], Th'(.fo\egoing instnt;;ent was acknowledged before me this ~ day o~ .J
1997' by x, t p, jll )(11\10 n who is personally known to me or produced
as identification.
OFFICIAL SEAL
NOTARY PUBLIC
STATE OF WEST VIRGINIA
JUDY R BROWNLOW
61 DUNBAR AVENUE
DUNBAR, WV 25064
My Commission Expires Feb. 11,2006
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AFFIX NOTARY STAMP
f Notary Public
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(Print N tary Name)
MyCommission Expires: .;;)-11- ~~
Commission No.:
~ Personally known, or
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Type of Identification Produced
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~ITY CLERK
CITY
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NrnER RINGS, FLORI~
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PAUL P. P RTYKA, MAY; R ;2:!
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STATE OF FLORIDA
COUNTY OF SEMINOLE
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.',nstrumenJwas a~kQ&.~IE/_~~~t9.L~me this JL day of ~ay, .
tJ . . I. t162JJWnol.~~rlaIIYKno~ or prodoced
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.."6' Mary T Lynch
* lfV{ * My Commission CC 774136
\.......'./ Expjres September 10,2002
AFFIX NOTARY STAMP
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SEMINOLe cu. FL
LAND DESCRIP nON:
A PARCEL OF LAND LYING IN SECTION 4, TOWNSHIP 21 SOUTH, RANGE 3 J EAS T, SEMINOLE
COUNTY FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS.
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BEGIN AT THE NORTHEAST CORNER OF SECTION 4, TOWNSHIP 21 SOUTH, RANGE JI EAST,
SEMINOLE COUNTY, FLORIDA; fi1ENCE RUN SOUTH 88'40'53w WEST, ALONG THE NORTH LINE
OF SAID SECTION 4, A DISTANCE OF 5407.95 FEET; THENCE LEAVING SAID NORTH LINE, RUN
SOUTH 00'17'SBw EAST, A DISTANCE OF 898.74 FEET, TO A POINT ON THE NORTHEASTERl Y
RIGHT-OF-WAY LINE OF THE EASTERN BELTWAY; TliENCE, ALONG THE SAID NORTHEASTERLY
RIGHT -OF-WA Y LINE THE FOLLOWING FIVE (5) COURSES: RUN SOUTH 2E"08'45H EAST, A
DISTANCE OF 173,24 FEET, TO A POINT ON A CURVE CONCAVE NORTHEASTERLY AND HAVING
A RADIUS OF 5649,58 FEET AND A CHORD BEARING OF SOUTH' 2B'17'JSw EAST; THENCE RUN
SOUTHEASTERLY ALONG THE ARC OF SAID CURVE ll-fROUGH A CENTRAL ANGlE OF
04'17'40" FOR AN ARC DISTANCE 423.45 FEET TO A POINT; THENCE, LEAVING SAID CURVE
RUN SOUTH 30'26'25" EAST, A DISTANCE OF 95.07 FEET, TO A POINT (rN A CURVE CONCAVE
SOUTHWESTERLY HAVING A RADIUS OF 7737.43 FEET AND A CHORD BEARING OF SOUTH
29'53'21" EAST; THENCE RUN sou THEAS TERL Y ALONG THE ARC OF SArD CURVE THROUGH
A CENTRAL ANGlE OF 0.3"22')4" FOR AN ARC DISTANCE OF 455.94 FEET, TO THE POINT OF
COMPOUND CURVATURE OF A CURVE CONCAVE SOUTHW(STERLY HAVING A RADIUS OF 7743.44
FEET AND A CHORD BEARING OF SOUTH 25'J8'27"'EAST: THENCE RUN SOUTHEASTERLY
ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF OTjl~40" FOR AN ARC
DISTANCE OF ~76.79 FEET TO A POINT: THENCE, LEAVING SAID CURVE AND SAID
NORTHEASTERLY RIGHT -OF - WA Y, RUN NOR TH 89'51'5'}" EAST, A D1STANI:::f OF: 606.29 FEE T:
THENCE RUN SOUTH 00"17'44" EAST, A DISTANCE OF 25.00 FEET, TO A POINT ON' THE SOUTH
LINE OF THE NORTH 1/2 OF SAID SECnON 4: mENCE RUN NORTH 89's"SY EAST, ALONG
SAID SOUTli LINE, A DISTANCE OF 3070.77 FEET. TO A POINT ON Tl1E WEST UNE OF THE EAST
1/2 OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF mE SOUTl-lEA'3T 1/4 OF SAID SECTION
4; THENCE RUN SOUTH 00D7'42- YVES T. ALONG THE SAID WEST LINE, A DISTANCE OF 648.41
FEET, TO A POINT ON THE NORfi1ERLY RIGHT-OF-WAY LINE OF STATE ROAD 4,}4~ THENCE RUN
SOU TH 89'38'50" EAST, ALONG SAID NOR TH RJGttI-:-_Qf:='6'AY_UNE.. A D/ST ANCE-OF:'}JL.84H-
FEET, TO A POINT ON THE-EAST--LIN-(of-THE NORTliWEST 1/4 OF THE HORT}{EAST 1/4 Of THE
SOUTHEAST 1/4 OF SAID SECTION 4: fi1ENCE. LEAVING SAID NORTH R1GHT-6F~WAY LINE. RUN
NORm 00'02'02" WEST, ALONG SAID .EAST LINE, .A DISTANCE OF J19.0J FEET, TO A POINT
ON mE sourn UNE OF mE NORTH 1/2 OF THE NORTHEAST 1/4 OF THE NOR Tl-fEAST 1/4 OF
THE sournEAST 1/4 OF SAID SECTION 4; Tl1ENCE RUN NORTH 89'SO'1JM EAST, 'ALONG SAID
sourn LINE, A DISTANCE OF 661.88 FEET, TO A POINT ON. THE EAST LINE OF THE NORTHEAST
1/4 OF THE NORn-tEAST 1/4 OF THE: SOUTHEAST 1/4 OF SAID SECTION 4,~ THENCE RUN NORTH
00'21'Jl" WEST, ALONG THE SArD EAST LINE, A DISTANCE OF 306.B8 FEET; THENCE, LEAVING
SAID EAST LINE, RUN SOUTH 89-51"53" \VEST" A DISTANCE OF 25.00 FEET; THENCE RUN NORTH
00-21'31" WEST, A DISTANCE OF 25.00 FEET. (0 A POINT ON THE SOUTH LINE OF THE NORTH
1/2 OF SAID SECTION 4; THENCE RUN NOR TH 89 'sl'sJ - EAST, ALONG SAID SOU Tl-l LINE. A
DISTANCE OF 25.00 FEET TO THE EAST 1/4 CORNER OF SAID SECTION 4; THENCE RUN NORTH
00'29'51"" WEST, ALONG THE EAST LINE OF THE NOR~HEAsr 1/4 OF SAle SECTION 4 A
DIS T ANCE OF 24 n. 71 rEE T TO THE POIN T OF GEGINNING
SAID LANDS LYING IN SEMINOLE COUN IY. FLor?IOA AND CON T AININe 2% ') 7 Acr(cs I\~ORr: Of<
LESS