HomeMy WebLinkAbout2007 07 09 Regular 603 Gregory J. and Brenda L. Jann
COMMISSION AGENDA
ADD ON
Consent
Informational
Public Hearing
Regular
MGR. /1--/ IDEPT
Authorizati
x
ITEM 603
July 9, 2007
Meeting
REQUEST:
The Community Development Department requests the City Commission consider a development
agreement to allow Gregory and Brenda Jann to construct a new 3-car, 1,024 square foot garage at 932
Arabian Avenue and convert the existing 2-car garage into living quarters within 180 calendar days of a
certificate of occupancy (C. 0.) for the new garage.
PURPOSE:
The purpose of this Agenda Item is for the Commission to consider a development agreement to allow
construction of a new garage at 932 Arabian Avenue and the conversion of the existing 2-car garage
within 180 calendar days of a C.O. for the new garage.
APPLICABLE LAW AND PUBLIC POLICY:
Chapter 166, Florida Statutes
Chapter 6, City Code
Chapter 20, City Code
CONSIDERATIONS:
The owner of the property located at 932 Arabian Avenue applied for a building permit to construct a
detached garage. Staff denied the permit application on April 10, 2007, due to incompatibility with the
number of garage spaces in the neighborhood (no more than 4 garage spaces with the majority having
only 2 spaces). The applicant appealed the decision to the City Commission on May 14, 2007. At that
meeting, the City Commission voted to uphold staffs recommendation and directed the applicant to
come back with a development agreement requiring the conversion of the existing garage subsequent to
issuance of a e.0. for the new garage.
STAFF RECOMMENDATION:
Staff recommends the City Commission consider the proposed development agreement to allow a new
garage, subject to converting the existing 2-car garage to living quarters within 180 calendar days after
issuance of a e.0. for the new garage.
July 9, 2007
Regular Agenda Item 603
Page 2 of2
ATTACHMENTS:
A - Location map
B - Plot plan of the addition location
C - Draft development agreement
D - May 14, 2007 minutes
COMMISSION ACTION:
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CODES IN EFFECT
d-oO~ NATIONAL ELECT. CODE
IllEGAL DESCRIPTION:II ',c, & CURRENT F.E.C,
LOT 97, 'MNTlER SPRINGS UNIT 3, ACCORDING TO THE PLAT "'~OF d<:iJ'-I FLORIDA
AS RECORDED IN PLAT BOOK 17, PAGE 89, OF THE PUBUC R'o:, qS, BLDG. _ PLUMBING
Of SEUINOLE COUNTY, FLORIDA.:~..:;~\.., GAS _ MECH
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NO'I'I(')".
THE MINiMUM FINISHED FLOOR ELEVATION SHAll
BE NO LESS THAN SHOWN
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THAN 18 1:~~~~;~6~~~:;~~TION BE LESS
ELEVATION. A FINISHED FLOOR E~~:r~~D
(P R MEAN SEA LEVEL) SHALL BE REQUIRED .
BEFORE A SLAB INSPECTION.
LOT 96
LOT 98
!ISURVEVOR'S NOTES:II
IICERTIFIED TO: II
1. SUBJECT TO ANY APPUCABLE EASEMENTS, RIGHTS-OF-WAYS, OR
OTHER RESTRlCTlONS Of RECORD.
2. A SEARCH OF THE PUBUC RECORDS HAS NOT BEEN MADE BY THIS OFFICE.
3,' BEARINGS SHOv.!< HEREON ARE RELATED TO THE NORTHEASTERLY LOT UNE
Of LOT 97, AS BEING N36'45'52"W, AS SHOv.!< ON lHE PlAT OF RECORD.
4. LEGAL DESCRIPTlON PRO\lDED BY CUENT OR CUENrS REPRESENTATlVE.
5. ABOVE GROUND ENCROACHMENTS, IF ON SURVEY.
6. UNDERGROUND ENCROACHUEN IMPROVEUEN, IF NY, NOT LOCATED ON SURVEY.
7. PROPERTY UES IN FLOOD Z S" X " AND . AE", EL 27.0, AS SHOv.!< ON FEMA I FIRM UAP.
8. EASEMENTS SHOv.!< PER PLA OF RECORD.
e. TAX PARCEl 1.0. 113-21-30-
10. ELEVAl10NS ARE RELATED TO THE CROv.!< OF ARABIAN AVENUE AS BEING 100.00, AN ASSUMED ELEVAl1ON.
11. CONTRACTOR IS RESPONSIBLE FOR VERlnlNG ALL PROPOSED INFORUAl1ON CONTAINED ON THIS SURVEY.
BRENDA L JANN
GREGORY J. JANN
OFFICE COpy
BP# 07-0/3/3
CITY OF WINTER SPRINGS
JOB NUMBER: 06-417D
PROJECT NAME: e~~~ts~~E
DATE DRAWN: 10/07/00
DRAWN BY: AWl(
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ANDREW V. ASBURY
PROFESSIONAL SURVEYOR & MAPPER
254 S. RONALD REAGAN BLVD. SUITE #136
LONGWOOD. FL 32750
e-mail address:CIVILSURVEYS@aol.com
Telephone (407) 830-0200 Fax (407) 830-0500
SHEET: OF 1
8UllYEYOIl'S CEFITlFICATE
PARTY CHIEF: A1IloI
DATE IN FIELD: 10/6.7/00
FIELD BOOK ../1.
CHECKED BY: AVA
DATA COLLECTOR: 06-417
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ATTACHMENT C
THIS INSTRUMENT WAS PREPARED BY
AND SHOULD BE RETURNED TO:
Anthony 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 USE ON I.. Y
RESIDENTIAL GARAGE CONVERSION
AND OCCUPANCY AGREEMENT
THIS RESIDENTIAL GARAGE CONVERSION AND OCCUPANCY
AGREEMENT ("Agreement") is made and executed this day of
2007, by and between the CITY OF WINTER SPRINGS, a Florida Municipal 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 A venue, 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 J 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 Authoritv. 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
building permit number 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 Assi2ns. 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 m
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 Rie: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 Attornev'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 witW.1eld by either party.
RESIDENTIAL GARAGE CONVERSION
AND OCCUPANCY AGREEMENT
City of Winter Springs / Gregory and Brenda Jarm
Page 5 of7
IN WITNESS WHEREOF, the parties have hereunto set their hands and seal on the
date first above written.
CITY OF WINTER SPRINGS
By:
John F. Bush, Mayor
ATTEST:
By:
Andrea Lorenzo Luaces, City Clerk
APPROVED AS TO FORM AND LEGALITY
For the use and reliance of the City of Winter Springs,
Florida only.
CITY SEAL
Date:
By:
Anthony A. Garganese, City Attorney for
the City of Winter Springs, Florida
Signed, sealed and delivered in the
presence of the following witn~sses:
Gregory J. Jann
Signature of Witness
Date:
Printed Name of Witness
Signature of Witness
Printed Name of Witness
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of
, 2007, by Gregory J. Jann, an individual, as Owner of the Property. He is
personally known to me or produced as
identification.
RESIDENTIAL GARAGE CONVERSION
AND OCCUPANCY AGREEMENT
City of Winter Springs / Gregory and Brenda Jann
Page 60f7
(NOTARY SEAL)
(Notary Public Signature)
(Print Name)
Notary Public, State of
Commission No.:
My Commission Expires:
Signed, sealed and delivered in the
presence of the following witnesses:
Brenda L. Jann
Signature of Witness
Date:
Printed Name of Witness
Signature of Witness
Printed Name of Witness
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of
, 2007, by Brenda L. Jann, an individual, as Owner of the Property. He is
personally known to me or produced as
identification.
(NOTARY SEAL)
(Notary Public Signature)
(Print Name)
Notary Public, State of
Commission No.:
My Commission Expires:
RESIDENTIAL GARAGE CONVERSION
AND OCCUPANCY AGREEMENT
City of Winter Springs / Gregory and Brenda Jann
Page 7 of7
ATTACHMENT D
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
CITY COMMISSION
REGULAR MEETING - MAY 14,2007
PAGEI50FI7
VOTE:
COMMISSIONER MILLER: NAY
COMMISSIONER KREBS: AYE
COMMISSIONER BROWN: AYE
DEPUTY MAYOR McGINNIS: AYE
MOTION CARRIED.
Discussion.
Tape 21Side B
REGULAR
604. Community Development Department
Requests The City Commission Review And Provide Comments For The Revised
Sonesta Pointe Subdivision Concept Plan.
Mr. Stevenson presented this Agenda Item.
City Attorney Anthony A. Garganese remarked for the Record, "Randy (Stevenson), as
you know, the Commission has already approved Final Engineering and a Development
Agreement. If the Commission approves this Concept Plan, we have to come back to the
Commission and revise all of those documents..." Mr. Stevenson commented, "... We
will be bringing modifications - engineering the DA [Development Agreement] back."
"MOTION TO APPROVE." MOTION BY COMMISSIONER BROWN.
SECONDED BY DEPUTY MAYOR McGINNIS. DISCUSSION.
VOTE:
DEPUTY MAYOR McGINNIS: AYE
COMMISSIONER BROWN: AYE
COMMISSIONER MILLER: AYE
COMMISSIONER KREBS: AYE
MOTION CARRIED.
REGULAR
605. Community Development Department - Customer Service Division
Requests The City Commission Consider An Appeal Of A Staff Decision To Deny A
Building Permit On The Basis Of Neighborhood Compatibility And Harmony
Involving A 1,024 Square Foot Detached Garage At 932 Arabian Avenue. (In
Accordance With Emergency Ordinance Number 2006-08.)
Mr. Stevenson introduced this Agenda Item.
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
CITY COMMISSION
REGULAR MEETING - MAY 14,2007
PAGE 160F 17
Mr. Chuck Pratt, 972 Palmetto Street, Oviedo, Florida: as the Building Contractor, Mr.
Pratt addressed the City Commission.
Dr. Greg Jann, 5932 Arabian Avenue, Winter Springs, Florida: spoke to the City
Commission regarding the attached garage and septic tanks.
Discussion.
Attorney Garganese commented, "There is a timing question. We can do some sort of
Development Agreement whereby - the City will allow him to build a three (3) car
garage. When that's completed, he has so much time to convert the two (2) car garage
and if he doesn't convert the two (2) car garage, then he loses his Certificate of
Occupancy for that three (3) car garage until he does it."
Mr. Stevenson remarked, "As Anthony (Garganese) mentioned earlier, this is similar to
what we did with the demo on the house and Staff would feel comfortable with that."
Attorney Garganese added, "The Agreement would come back to the Commission."
Mayor Bush said to Dr. Jann, "Does that make sense to you?" Dr. Jann replied, "Sounds
great to me."
Mayor Bush said, "Then I think, Commission, the Motion would be to deny the request;
uphold Staffs decision, and then as Anthony (Garganese) said - get together with Staff to
come back with a plan."
Mr. Stevenson asked, "It appears that the Commission would support Dr. Jann's request
to build a three (3) car garage, in an attached fashion, along with a Development
Agreement that had a time certain for the - renovation of the two (2) car garage. If I'm
hearing then, I think I am, then we probably won't be back before you, except with the
Developer Agreement."
Deputy Mayor McGinnis said, "This would not be visible." Deputy Mayor McGinnis
added, "It is not going to protrude or stick out."
"MOTION TO DENY - AND UPHOLD THE STAFF DECISION." MAYOR
BUSH STATED, "MOTION BY COMMISSIONER MCGINNIS. SECONDED BY
COMMISSIONER KREBS TO DENY THE APPEAL AND - UPHOLD STAFF
DECISION." DISCUSSION.
VOTE:
COMMISSIONER KREBS: AYE
COMMISSIONER MILLER: AYE
COMMISSIONER BROWN: AYE
DEPUTY MAYOR McGINNIS: AYE
MOTION CARRIED.
ADJOURNMENT
Mayor Bush adjourned the Regular Meeting at 8:26 p.m.
RESPECTFULLY SUBMITTED:
A LORENZO-LUACES, CMC
CLERK
APPROVED: .'.
.~'7. ~
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
CITY COMMISSION
REGULAR MEETING - MAY 14,2007
PAGE 17 OF 17
NOTE: These Minutes were approved at the May 29, 2007 Special City Commission Meeting.
1111 illl IIIH III I! ;1111 ita if III U ll; ,Ill; lilt illil ,ill
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