HomeMy WebLinkAboutSprings Land Jessup Shores Agreement -1997 07 28
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AGREEMENT
TIllS AGREEMENT entered into this /!R t~ay of J "'f.!
THE CITY OF WINTER SPRINGS, FLORIDA (hereinafter referred to as "City") and SPRINGS
LAND JESSUP SHORES JOINT VENTURE (hereinafter referred to as "Springs Land") provides
as follows:
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WHEREAS, City and Springs Land Investments, Ltd" previously entered into an agreemeriE
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dated March 3, 1992, and
WHEREAS, City previously issued to Springs Land Investments, Ltd" a Vested Right~
Special Use Permit, dated July 21, 1993, and
WHEREAS, Springs Land has acquired the interest of Springs Land Investments, Ltd,
WHEREAS, City and Springs Land are mutually desirous of clarifying certain agreements
between them;
NOW, THEREFORE, for and in consideration of the mutual promises hereinafter stated, the
parties agree as follows:
1. City and Springs Land hereby agree that the Vested Rights Special Use Permit shall
expire on July 21, 1998, Attached hereto and incorporated herein as Exhibit "A" is a true and correct
copy of the permit.
2. City and Springs Land agree that the March 3, 1992 Lease, a copy of which is
attached, hereto as Exhibit "B", is incorporated herein by reference and that all terms contained
therein, exc~uding paragraph 8 therein, are continued and extended in full force and effect up to and
including through July 21, 1998, Additionally, City and Springs Land agree to a new paragraph 8
as follows:
*After Recording Return to:
City of Winter Springs
1126 E. State Road 434
Winter Springs, FL 32750
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8, If during the term of this lease that expires on July 21, 1998,
Springs Land receiyes ,a bona fide written offer of purchase or
contract for purchase of the property covered by the lease, then the
City of Winter Springs, Florida, shall have the right to exercise an
option to purchase said property, at the same price offered by the
prospective purchaser and said option shall be available for forty-five
(45) days from the date of receipt of written notice of the option ::
period commencing from Springs Land,
By:
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WITNESSES AS TO WINTER SPRINGS
CITY
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This Agreement is hereby agreed to and accepted as of the Agreement Date~ '
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. '0 ALD W. MCLEMORE .
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ANICE PALLADINO
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Attest:
~ City Clerk,
WITNESSES AS TO SPRINGS LAND
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By:
JESSUP SHORES
Title: Managing
Geraldine Shayne
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CITY OF WINTER SPRINGS
VESTED RIGHTS SPECIAL USE PERMIT
VR 93-02
In response to the Application for a Vested Rights Special Use Permit from Donald W.
McIntosh Associates,Incorporated; dated May 19, 1993, \vhich is incorporated herein by
reference, for the development Springs Land, the City of Winter Springs, Florida, hereby
orders that:
A. FINDINGS OF FACT:
1. The Applicant, Donald W. McIntosh Associates, (the "Applicant") filed its Application
for a Vested Rights Special Use Permit for the owner, Springs Land Investm~nts, Ltd.
(the "Owner") on May 19, 1993. The Application was deemed complete May 21,
1993. '
2. The property in'question is Springs Land (the "Property"), as more particularly
described in the exhibits to the Board of Adjustment application of March 3, 1992.
.3. The Owner acquired the Property by \Varranty Deed as signed on October 8, 1987 and
October 13, 1987, and recorded with Seminole County on October 14, 1987and
October 27, 1987, prior to the Comprehensive Plan Adoption Date of April 27; 1992.
4. The Property has a land use classifications of Mixed Use under the City's
Comprehensive Plan.
5. The p.roperty is currently subject to a proposed Comprehensive Plan amendment to
change the land use classification to Commercial. This proposed amendment was
' reviewed at a Public Hearing before the City Commission 9n July 12, 1993, prior to
transmittal to the Florida Department of Community Affairs.
6. The Property is zoned C-l Neighborhood Commercial under the City's zoning
regulations.
7. The development of the Property has been specifically approved via a Site Plan
Review Board approval dated February 27, 1992.
8. the Winter Springs Board of Adjustment approved a variance from Section 9-241
paragraph (d) of the city's Code of Ordinances, to allow a wet bottom pond, and
approved a variance from Section 9-346 of the city's Code of Ordinances, to allow the
EXHIBIT "A"
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site plan approval to be valid for no less than six (6) months after completion of the
Florida Department of Transportation State Road 434 realignment.
9. The Site Plan Review Board approval and the Board of Adjustment variance approval
shall be collectively known as the "City Approvals".
10. The Applicant has filed for common law vested rights, as outlined in Section IILC. of,
City Ordinance No. 534 (theUOrdinance").
11. The Applicant has noted the following expenses in the design and permitting of this
project:
a) Project design and permits - $172,906.39
b) Fees, licenses, miscellaneous expenses - $15,799.56.
The majority of these expenditures, however, occurred prior to the City Approvals and
do not qualifY as applicable expenditures as outlined in Section IILC.I. of the
Ordinance.
12. Physical development of this project has not commenced, nor can it commence, as the
Florida Department of Transportation (FDOT) has indicated through preliminary
roadway plans the requirement to acquire substantial portions of the Property for the
programmed improvement of State Road 434. It is the desire of the owner to proceed
with physical development once FDOT plans are finalized.
Attached are copies ofFDOT ~ght-of-wayreservation maps showing the proposed
' alignment of the improved State Road 434 transversing the Property (Exhibits"A" and'
"B "). The maps were prepared in December, 1992, and remain valid as of the
application date.
13. Section 337.241, Florida Statutes, discusses the effect ofFDOT's recording a map of
reservation, including the establishment of a building setback line with a five (5) year
moratorium on the issuance of development permits (Exhibit "C"). Thislegislation
was repealed on April 8, 1992, however, the Owner relied upon this legislation and the
map of reservation in terms of deferring development plans.
B. CONCLUSIONS OF LAW:
1. The application was timely filed pursuant to Section II,A3. of the Ordinance.
2. The Applicant has met the ownership requirements of Section IILA 1. of tile
Ordinance for vesting against the Comprehensive Plan and the Land Development
Regulations.
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3. The Appli~,ant was prevented from meeting all of the standards for common law
vesting, as described in Section nLC.l. of the Ordinance. Prior to the, Plan Adoption
Date, there were the following valid, unexpired acts of a government agency upon
which the applicant relied:
a. The Site Plan Board approval ofFehruary 27, 1992.
b. The Board ofAdju,stment approval of April 2, 1992
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c. The recorded FDOT reservation map for the proposed right-of-way for State Road
434. While the legislation authorizing the recording of such a map was repealed
nineteen (19) days prior to the Plan Adoption Date, the proposed right-of-way still
exists across the Property.
The Applicant has not made a substantial change in position or has incurred extensive
- obligations or expenses in reliance upon the City's Approvals as the Owner was
prevented from any development activities, beyond the expenses to acquire the City
approvals, by the FDOT's map of reservation upon the Property.
ORDER
IT IS HEREBY ORDERED that:
1. The Property is vested against any regulations of the City of Winter Springs adopted
after February 27, 1992 that would preclude the development of the Property as
described, in paragraph B.3. above. '
2. All development of the Property must be consistent with the terms of the City
Approvals on which this Permit is based. Any substantial deviation from the City
Approvals shall authorize the City to terminate this Permit and cause the development
involved to be subject to the Comprehensive Plan and implementing Land
Development Regulations,
3. This Vested Rights Special Use Permit applies to and runs with the Property.
4. Development of the Property shall remain subject to the requirement of the
Compre~ensive Plan and implementing Land Development Regulations except to the
extent that the application of such requirements would result in the denial of: '
A. The vested land uses;
B. The vested density or intensity of development;
C. Other specifically vested development entitlements approved in the City Approvals
on which the Vested Rights Special Use Permit is based.
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5. This pennit shall expire at the later of six (6) months after FDOT's realignment of
State Road 434 atWagner's CurVe or five (5) years after the issuance of the Vested
Rights Special Use Permit. This permit may be revoked by the City Commission upon
a showing by the City that failure to revoke the Pennit will result in a peril to the
health, safety or general welfare of the residents of the City that was unknown as of
the date hereof.
CITY OF WINTER SPRlNGS
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airman, Planning and oning Board
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