HomeMy WebLinkAboutJann, Gregory J. and Brenda L. Residential Garage Conversion And Occupancy Agreement - 2007 07 10
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THIS INSTRUMENT WAS PREPARED BY
AND SHOULD BE RETURNED TO:
MAHYANNE: MliRSE\ CLERK OF ClRcun COURT
SEMINOLE cOt~n
BK 067bl PQS 0503 - 509; (7pgs!
CLERK'S # 2007103972
RECORDED 07/11!20iJ7 1\.):55:54 A.,
RECORDINS FEES 61.00
RECORDl:D BY T SIll th
(;JAnthonY A. Garganese
City Attorney of Winter Springs
Brown, Garganese, Weiss & D'Agresta, P.A.
255 E. Robinson St., Suite 660
Orlando, FL 32802
(407) 425-9566
FOR RECORDING DEPARTMENT llSE ONLY
RESIDENTIAL GARAGE CONVERSION
AND OCCUPANCY AGREEMENT
THIS RESIDENTIAL GARAGE CONVERSION AND OCCUPANCY
AGREEMENT ("Agreement") is made and executed this /0'1+\ day Of::rll\.l~ '
2007, by and between the CITY OF WINTER SPRINGS, a Florida Munici al CorporatiOn
("City"), whose address is 1126 East S.R. 434, Winter Springs, Florida 32708, and GREGORY
J. AND BRENDA L. JANN ("Owner"), whose address is 932 Arabian Avenue, Winter Springs,
Florida 32708.
WITNESSETH:
WHEREAS, Owner is the current fee simple owner of certain real property located at
932 Arabian Avenue, Winter Springs, Seminole County, Florida, more particularly described
herein; and
WHEREAS, Owner presently resides in an existing, single-family residence with an
attached two car garage located on the Property ("Existing Garage"); and
WHEREAS, Owner desires to construct a new three car detached garage in the rear of
the property and also desires to convert the Existing Garage into living space; and
WHEREAS, the Owner and the City acknowledge and agree that permitting the Owner
to have both garages is not in harmony or compatible with the surrounding neighborhood; and
WHEREAS, the City Code prohibits new development that is not in harmony or
incompatible with the surrounding neighborhood; and
WHEREAS, Owner desires to construct the new garage before commencmg the
conversion of the Existing Garage; and
RESIDENTIAL GARAGE CONVERSION
AND OCCUPANCY AGREEMENT
City of Winter Springs / Gregory and Brenda Jann
Page 1 of7
WHEREAS, absent this Agreement, Owner would not be allowed to construct the new
garage before converting the Existing Garage; and
WHEREAS, Owner seeks a temporary exception to this City Code provision for the
duration of the construction of the new garage and represents and warrants to the City that they
will convert the Existing Garage into habitable living space upon the completion of the new
garage in order to comply with the City Code; and
WHEREAS, in furtherance of this request, the parties desire to enter into this Binding
Development Agreement under the terms and conditions contained herein.
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.
3.0
follows:
The Property. The real property subject to this Agreement is legally described as
Lot 97, Winter Springs Unit 3, according to the plat thereof as
recorded in Plat Book 17, pages 89 and 90, Public Records of
Seminole County, Florida.
("Property") .
4.0 Terms and Conditions.
4.1 Permitting and Construction of New Garage. The City shall issue a
building permit to Owner for the construction of a new three car detached
garage to be located on the Property ("New Garage"). The New Garage
shall be constructed in accordance with all applicable City Codes
including aesthetic review standards. Owner shall be permitted to
maintain the Existing Garage located on the Property for the duration of
the construction of the New Garage.
4.2 Conversion of Existing Garage. Upon the issuance of a certificate of
occupancy by the City for the New Garage, Owner shall have one hundred
eighty (180) calendar days in which to convert the Existing Garage into
habitable living space, unless the City grants additional time in writing. In
addition, if the Owner abandons the construction of the New Garage,
Owner shall have thirty (30) days in which to demolish the abandoned
RESIDENTIAL GARAGE CONVERSION
AND OCCUPANCY AGREEMENT
City of Winter Springs / Gregory and Brenda Jann
Page 2 of7
New Garage and remove related debris from the Property unless the City
grants additional time in writing. For purposes of this Agreement, the
term "abandons" or "abandoned" shall mean either building permits have
expired for constructing the New Garage or the Owner has failed to
diligently pursue completion of the New Garage within one year of the
effective date of this Agreement. Such demolition shall be subject to any
applicable permitting requirements of the City Code. Said demolition shall
be at Owner's sole cost and expense and Owner shall be fully responsible
for said demolition. In the event that demolition is required for the New
Garage pursuant to this Agreement, Owner shall notify the City's building
official in writing of such demolition. The building official, or the
building official's designee, shall conduct a site visit to the Property to
confirm that the New Garage has been demolished and all related debris
removed in accordance with applicable City Codes.
4.3 Owner's Default; City's Right to Demolish. In the event Owner defaults
on their obligations to complete the New Garage and to convert the
Existing Garage into habitable living space within the time period required
hereunder, execution of this Agreement represents Owner's unconditional
consent for the City and its contractors to access and enter upon the
Property for purposes of demolishing the New Garage. Entry on the
Property shall be permitted for inspections, getting contractor estimates,
site preparation, actual demolition, debris removal, or other matters
reasonably related to the demolition. Prior to the City commencing the
demolition of the New Garage, the City shall provide the Owner with
twenty-four (24) hours advance notice of commencement. Owner hereby
agrees to release and hold harmless the City and its contractors from any
liability or damage whatsoever resulting from the City and its contractors
demolishing the New Garage as required hereunder.
5.0 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.
6.0 Successors and Assil!ns. 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.
RESIDENTIAL GARAGE CONVERSION
AND OCCUPANCY AGREEMENT
City of Winter Springs / Gregory and Brenda Jann
Page 3 of7
7.0 Applicable Law. This Agreement shall be governed by and construed III
accordance with the laws of the State of Florida.
8.0 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.
9.0 Entire A2reement~ Exhibits. This Agreement and all attached exhibits hereto
supersede any other agreement, oral or written, regarding the Property and contain the entire
agreement between the City and Owner as to the subject matter hereof.
10.0 Severability. If any provision of this Agreement shall beheld 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.
11.0 Effective Date. This Agreement shall become effective upon approval by the
City Commission and execution of this Agreement by both parties hereto.
12.0 Recordation. This Agreement shall be recorded in the Public Records of
Seminole County, Florida.
13.0 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.
14.0 Soverei2n 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, Florida Statutes, 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 anyone 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).
15.0 City'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.
RESIDENTIAL GARAGE CONVERSION
AND OCCUPANCY AGREEMENT
City of Winter Springs / Gregory and Brenda Jann
Page 4 of7
16.0 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 dispute between the parties.
17.0 Third-Party Ri2:hts. 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.
18.0 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 and that specific performance of these
obligations may be obtained by a suit in equity.
19.0 Attorney's Fees. In connection with any arbitration or litigation arising out of
this Agreement, the prevailing party shall be entitled to recover reasonable attorney's fees and
costs through all appeals to the extent permitted by law.
20.0 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.
21.0 Termination. This Agreement shall terminate upon the satisfaction of all the
terms and conditions contained herein. Upon such satisfaction, the City shall file a Notice of
Termination in the Public Records of Seminole County.
22.0 Force Majeure. The parties agree that in the event that the failure by either party
to accomplish any action required hereunder within a specified time period ("Time Period")
constitutes a default under the terms of this Agreement and, if any such failure is due to any
unforeseeable or unpredictable event or condition beyond the control of such party, including,
but not limited to, acts of God, acts of government authority (other than the City's own acts), acts
of public enemy or war, riots, civil disturbances, power failure, shortages of labor or materials,
injunction or other court proceedings beyond the control of such party, or severe adverse weather
conditions ("Uncontrollable Event"), then, notwithstanding any provision of this Agreement to
the contrary, that failure shall not constitute a default under this Agreement and any Time Period
proscribed hereunder shall be extended by the amount of time that such party was unable to
perform solely due to the Uncontrollable Event. The extended time period shall be agreed to in
writing by the parties and said agreement shall not be unreasonably withheld by either party.
RESIDENTIAL GARAGE CONVERSION
AND OCCUPANCY AGREEMENT
City of Winter Springs / Gregory and Brenda Jann
Page 5 of7
IN WITNESS WHEREOF, the parties have hereunto set their hands and seal on the
date first above written.
eIT
F WINTER SPRINGS
~~,()......
By:
CITY SEAL
APPROVED AS TO FORM AND LEGALITY
For the use and reliance of the City of Winter Springs,
Florida only.
,I,Q/f)?
Da~e: ~
By. ___
Anthony A. Garganes~ City Attorney for
the City of Winter Springs, Florida
Signed, sealed and delivered in the
presence of the following witnesses:
U. W---
Gr7J'~(l_
'--'1-0 7
Date:
STATEOF kt;>i
COUNTY OF ~.\t'lzuq
__ The foregoing instrument was acknowledged before me this ~ day of
~, 2007, by Gregory J~ an individual~s Owner of the Property. He is
p~~s;hally known to me or ~Q ~ 101"", ~ ~ ~Z' as
identification.
RESIDENTIAL GARAGE CONVERSION
AND OCCUPANCY AGREEMENT
City of Winter Springs / Gregory and Brenda Jann
Page 60f7
07/09/2007 12:38
4073274755
WINTER SPRINGS BLDG
PAGE 07/07
Ii n~ ",~~Y ;~;o'=Notary Public 'State ~f Florida ~
,l !' ,.A '1; Andrea Lorenzo.Luaces
Ii ~ c;.',; My Commission 00664334
L "?o;;..o" €Xjj~s 05/09/2011
(NOTARY SEAL)
~..~.
~ ~
~S~~--j'
(Print Name) ...-
Notary Public, State 0 .-J L
Commission No.:
My Commission Exp'
Signed, sealed and delivered in the
presence of the following witnesses:
Brenda L. Jann
c~t? /l ~-"-' ,x/ Oz /I.. ^--'
/ ~ ~
~J ~ ~ 4 ;{~-9k~buclL-
Sl~ ofWill'lCSl j I I~
j) i 4<<L< .L. I1?J;>
Prlnrcd Nlmc cf Wiln~
Date: 7 -tj -Q7
STATE OF
COUNTY OF
. The foregoing instrument was acknowledged before me this q t!::- day of
JI.I ~ ' 2007, by Brenda L. Jaon, an individual, ~ Owner of the Property. He is
pet'So Iy known to me or produced r==- /.., ]) r I V e f~ t..;"c (fl<.-e as
identification.
",,<':i':'!""" DIANA L. HABUDA
ff:~'~ ~~ MY COMMISSION # 00304737
~:.~.~i EXPIRES: March 29, 2008
"1t,f.iif."tr~~ Bonded n"u Notary Public Underwriters
/fkd~~~~JvJ~
(Notary PtI"li~ Slgn.rure) . J
)j,'Ll4CLZ- L. /-ILl hiUuz..
(Priftt Name)
Notary Public, State of Flor,/I()..-
Commission No.: ])D .3()~ 737
My Commission Expires: ;] ~:l -1.1<.(
(NOTARY SEAL)
RESIDENTIAL GARAGE CONVERSION
AND OCCUPANCY AGREEMENT
City of W inter Springs I Gregory and Brenda JIIM
Page 70f7