HomeMy WebLinkAboutMann, Janet M. Development Agreement/Notice of Zoning Restriction -2007 04 09
1111111111 " Ul II III 1111111 11111111 II III II III 11111 II III IlIli
THIS INSTRUMENT WAS PREPARED BY
AND SHOULD BE RETURNED TO:
MARYANNE MORSE, ClERK OF CIRCUIT COURT
SEMINOLE COUNTY
BK 06659 PQS 1449 - 1455; (7pQsl
CLERK~S # 2007055295
RECORDED 04/16/2007 08:18:43 AM
RECORDING FEES 61.00
REGORDlD BY T S.ith
Anthony 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 ONLY
DEVELOPMENT AGREEMENTINOTICE OF ZONING RESTRICTION
THIS DEVELOPMENT AGREEMENTINOTICE ~ ZQNING RESTRICTION
(the "Agreement") is made and executed this 9"'" day of ~ , 2007, by and
between the CITY OF WINTER SPRINGS, a Florida Municipal Corporation (the "City"),
whose address is 1126 East S.R. 434, Winter Springs, Florida 32708, and JANET M. MANN,
trustee ("Owner"), whose address is 282 W. S.R. 434, Winter Springs, Florida 32708.
WITNESSETH:
WHEREAS, this Agreement is entered into in accordance with the Florida Municipal
Home Rule Powers Act (providing broad powers to municipalities unless prohibited by law)
Section 20-3l(e), City of Winter Springs Code (authorizing the imposition of more restrictive
zoning conditions when considering rezoning applications), and Section 20-474, City of Winter
Springs Code (authorizing development agreements to vary the standards of the S.R. 434
guidelines); and
WHEREAS, this Agreement is related to certain real property generally located at 282
W. State Road 434, and legally described on EXHIBIT "A." which is attached hereto and fully
incorporated herein by this reference ("Property"); and
WHEREAS, Owner desires to amend the future land use map designation on the
Property from Seminole County "Suburban Estates" to Winter Springs "Commercial;" and
WHEREAS, Owner also desires to amend the zoning map classification for the Property
from Seminole County Agricultural to Winter Springs "Neighborhood Commercial;" and
WHEREAS, the Property is located adjacent to Barrington Estates, a low density,
detached residential single family residential neighborhood, with no house greater than two
floors or thirty-five feet in height; and
WHEREAS, Owner and City desire to ensure that any future neighborhood commercial
development is compatible with the adjacent Barrington Estates, especially with respect to the
maximum height of any building or structure which may be constructed on the Property; and
Development Agreement
City of Winter Springs and Janet M. Mann, Trustee
Page I of6
WHEREAS, section 20-31, Winter Springs Code, provides that at the request of a
property owner, the City Commission may approve a rezoning request subject to restrictions
which impose more restrictive requirements than otherwise permitted in the zoning district; and
WHEREAS, Section 20-474, City of Winter Springs Code provides that the City
Commission may approve, on a case-by-case basis, variations from the standards of the S.R. 434
guidelines; and
WHEREAS, the current maximum building height for the Property is thirty-five (35)
feet under the Suburban Estates classification and Owner desires to maintain that height
limitation despite any applicable city code allowing a greater height; and
WHEREAS, in furtherance of the property owner's request to amend the Comprehensive
Plan and rezone the Property, Owner and City agree that the maximum height of any future
structure or building on the Property should remain and be lilnited to two stories, not to exceed
35 feet in height, even if any applicable city code permits higher structures or buildings.
NOW THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties mutually agree as follows:
1.0 Recitals. The foregoing recitals are true and correct and are hereby incorporated
herein by this reference.
2.0 Authoritv. This Agreement is entered into pursuant to the Florida Municipal
Home Rule Powers Act, Section 20-31(e), City of Winter Springs Code, and Section 20-474,
City of Winter Springs Code.
3.0 Height-Zoning Restrictions. No building or structure on the Property shall
exceed two stories, not to exceed thirty-five (35) feet in height.
4.0 Representations of the Parties. The City and Owner hereby each represent and
warrant to the other that it has the power and authority to execute, deliver and perform the terms
and provisions of this Agreement and has taken all necessary action to authorize the execution,
delivery and performance of this Agreement. This Agreement will, when duly executed and
delivered by the City and Owner and recorded in the Public Records of Seminole County,
Florida, constitute a legal, valid and binding obligation enforceable against the parties hereto and
the Property in accordance with the terms and conditions of this Agreement. Owner represents
that it has voluntarily and willfully executed this Agreement for purposes of binding the Property
to the terms and conditions set forth in this Agreement as both a binding contractual obligation
and as a binding condition of the rezoning referenced above.
5.0 Successors and Assigns. This Agreement shall automatically be binding upon
and shall inure to the benefit of the City and Owner and their respective successors and assigns.
The terms and conditions of this Agreement similarly shall be binding upon the Property and
shall run with title to the same.
Development Agreement
City of Winter Springs and Janet M. Mann, Trustee
Page 2 of6
6.0 Applicable Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Florida.
7.0 Amendments. This Agreement shall not be modified or amended except by
written agreement duly executed by both parties hereto (or their successors or assigns) and
approved by the City Commission.
8.0 Entire Aereement~ Exhibits. This Agreement and all attached exhibits hereto
supercedes any other agreement, oral or written, regarding the Property and contains the entire
agreement between the City and Owner as to the subject matter hereof. The Exhibits attached
hereto and referenced herein are hereby fully incorporated herein by this reference.
9.0 Severability. If any provision of this Agreement shall be held to be invalid or
unenforceable to any extent by a court of competent jurisdiction, the same shall not affect in any
respect the validity or enforceability of the remainder of this Agreement.
10.0 Effective Date. This Agreement shall become effective upon approval by the
City Commission and execution of this Agreement by both parties hereto.
11.0 Recordation. This Agreement shall be recorded in the Public Records of
Seminole County, Florida.
12.0 Relationship of the Parties. The relationship of the parties to this Agreement is
contractual and Owner is an independent contractor and not an agent of the City. Nothing herein
shall be deemed to create a joint venture or principal-agent relationship between the parties, and
neither party is authorized to, nor shall either party act toward third persons or the public in any
manner, which would indicate any such relationship with the other.
13.0 Sovereien Immunitv. Notwithstanding any other provision set forth in this
Agreement, nothing contained in this Agreement shall be construed as a waiver of the City's
right to sovereign immunity under Section 768.28, or other limitations imposed on the City's
potential liability under state or federal law. As such, the City shall not be liable, under this
Agreement for punitive damages or interest for the period before judgment. Further, the City
shall not be liable for any claim or judgment, or portion thereof, to 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).
14.0 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.
15.0 Interpretation. The parties hereby agree and acknowledge that they have both
participated equally in the drafting of this Agreement and no party shall be favored or disfavored
regarding the interpretation to this Agreement in the event of a dispute between the parties.
Development Agreement
City of Winter Springs and Janet M. Mann, Trustee
Page 3 of6
16.0 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.
17.0 Specific Performance. Strict compliance shall be required with each and every
provision of this Agreement. The parties agree that failure to perform the obligations provided
by this Agreement shall result in irreparable damage. Specific performance of these obligations
may be obtained by a suit in equity.
18.0 Attorney's Fees. In connection with any arbitration or litigation arising out of
this Agreement, the prevailing party shall be entitled to recover reasonable attorney's fees and
costs through all appeals to the extent permitted by law.
19.0 Development Permits. Nothing herein shall limit the City's authority to grant or
deny any development permit applications or requests subsequent to the effective date of this
Agreement. The failure of this Agreement to address any particular City, County, State and/or
Federal permit, condition, term or restriction shall not relieve Owner or the City of the necessity
of complying with the law governing said permitting requirement, condition, term or restriction.
Without imposing any limitation on the City's police powers, the City reserves the right to
withhold, suspend, or terminate any and all certificates of occupancy for any building or unit if
Owner is in breach of any term and condition of this Agreement.
20.0 Default; Opportunity to Cure. Should either party desire to declare the other
party in default of any term and condition of this Agreement, the non-defaulting party shall
provide the defaulting party a written notice of default. The written notice shall, at a minimum,
state with particularity the nature of the default, the manner in which the default can be cured,
and a reasonable time period of not less than thirty (30) days in which the default must be cured.
No action may be taken in a court of law on the basis that a breach of this Agreement has
occurred until such time as the requirements of this paragraph have been satisfied.
21.0 Termination. This Agreement may only be terminated with the prior approval
of the City Commission at a duly noticed and held public hearing. The City Commission
reserves the right to administratively and unilaterally terminate any zoning restriction imposed
hereunder after providing the Owner with written notice and an opportunity to be heard at a duly
held public hearing. If the City Commission terminates this Agreement, the City shall record a
notice of termination in the public records of Seminole County, Florida.
[Signature Page Follows]
Development Agreement
City of Winter Springs and Janet M. Mann, Trustee
Page 4 of6
IN WITNESS WHEREOF, the parties have hereunto set their hands and seal on the
date first above written.
CITY OF WINTER SPRINGS
By:
)&~
ATTESl'\\'~ " ,/
i IJ /-;/
B . \...../" , ,- ---
y. :
Andre. Lorenzo Luaces, City Clerk
~... ~,,',",
" '\," .
, "
'" , __., 1 t
APPROVED AS TO FORM AND LEGALITY
For the use and reliance of the City of Winter Springs,
Florida only.
..." ',"
. ...... ..
, .
~ r~! /\ ... ,
cITY ~L ':-~ .
'-'1\.i " ';~i ~
(") : ,,,"::,\ -::
~
Date:
- '
, c~~ ..
..
'..0
C'
t9
'--,~
.- .
....(;0 ,r,,~
C,';' \ " :.,
-F .:..~
By:
. _.p, "
. ,
...-~ ....
ny A. arganese, City Attorney for
the City of Winter Springs, Florida
. / [,I~
....;,..
,
Development Agreement
City of Winter Springs and Janet M. Mann, Trustee
Page 5 of6
Signed, sealed and delivered in the
presence of the following witnesses:
.. .---
tWI'~
JANET M. MANN, trustee (owner) of said
property
fjJJ1Af;)11. ~ /
_ / atM. Mann, trust v
I
'It/Cl1fK-.
Date:
STATE OF FLORIDA
COUNTY OF SEMINOLE
, The foregoing instrument was acknowledged before me this <0" h day of
(\11/ l:r ., 2007, Janet M. Mann, as, trustee (owner), o~_ behalf of said property. She is
~own to me or produced ,. I . I C. I/.'X\ as identification.
.~ ~~V-.
,,11111',
",\~." -""'" AMY M COO K
~~~#<.. .
!. ~~ Commission # DD0384923
~..~ ~"f My Commllllon <kJ:lI,Cl! 01-09.2009
-:"'::1,0' f\,;,~,'''' Bonded TrltOU~h ~IOrl~~ N~fQf~ AU"l
11I1t\ ,
(Print Name
Notary Public, State of
Commission No.:
My Commission Expires:
(NOTARY SEAL)
Development Agreement
City of Winter Springs and Janet M. Mann, Trustee
Page 6 of6
Exhibit 'A'
IArxo<; v;<'./"--J)6 K."'",: ,," )/,.,.., A/y /-/ XI'.', YM<X6())(/x'X XY..)',,.o.ZX:Xb( (X
!Xl'V'). 'YJ'/../' VX/'>( ^ '^ ',OV> 50!:? 'X Y-l5< y X/YX'''X~ ~~ "'/':{;
~x>V0 ~..00 KA/)". 'J<..: '5<:>0f.;' . E' , V>('X/)(A/; ~ )</">y'
~" ^ 'l~ 0<~ 0<0 (0- 'XXO<,( v> '. "'; :' y ~ )' 5</ Tv' '/'A ? ?>(>X
I){>V>, /S, !.i1~;;x: Vv0'IX' 'J<., '0<' :.axil,( ><; )G~:7."'~ ~JY::X;~x,
IVX?V "- ",,/<[X/ /'. 'XLi N)< 'Y., /' " 1;;%5~ ')< %;;)/ . ~
/~ ,v '/ ,(,~ X?\(" '/'-<< x/x 1)( Vu 'X " 'v
>< ":>0r?X? (; "m, . &>~l^/, ,"/"):0 v' , tx..Ji, """)< />5 ~~C:.? ~V::K ~ ;<:
~, ,/, !) xx ,v~ 7 .")> </,X v: ,tfu" ( , . I\, 'Y ~,i)(-0'
')< ~'<%^^' ~x 9<~' ~>~~ .. 95 I~X~%^, ,,', '...,~ X,,,
" vx '>(/ ;x, ~ ,('j:.~" A" X ')(,:/0)( >5Z ~~?< /)' ~X/Xx, ~
v /)( /X()Q; 'r-; 'xx X V ~," x;Sv xz x./ 'Y x,x/x . . ,;i5x. ); ?y>;< J'X,,"X ~,
xjQ VX;"", " / X/<:NX/ x, ~ /: 0<(;;x(;<
.. (f;{; ~'0~" .'{0 /V MUV x/" ",';y "-/x~"'~" --", u.' 'X ~~~ ~xx; %':8.
";;;.. ~~ ><:>09 ~~2<XY/X0~i"~
~ 2YJs2X>Q - >(y~ ~ ~~ J'm~~
~ ;yx~, (" ':0/V' Subject ~~x:./' r/?5?5?'61<X:50(5{;X
(;)')y vYJ,.(. ;)X~ >(~ Property '5(/x; ;, ?Y/0<X'000
00V ~XtXl': /'~ )!'..(N X;;S0 ~~'
v: <xx"c>:l/X) V0'~ ./ / ~ /' X:, '- :~0<:)
Yk 5QX,,8rSQ:"'~; j0-')V - XI ^Yh?V:0
~ ,:. "', ~ .........~ j( ., ... /"':: .:1
State Road 434 434 l
F:~ Jf~' ~"..~-~
_111 ,,"C,' ·
..-"' ...
: ~~rllMJ'~
-
Source: City of Winter Springs & Seminole County GIS Data, January 2007
I I I ,~
o 175 350 700 Feet N
Metes and Bounds Description:
THE SOUTH HALF (S 1/2) OF THE NORTHEAST QUARTER (NE 1/4) OF THE NORTHEAST QUARTER
(NE 1/4) OF THE SOUTHEAST QUARTER (SE 1/4) OF SECTION 4. TOWNSHIP 21 SOUTH, RANGE
31 EAST. LESS ROAD RIGHT OF WAY, AND LESS. THE WEST 425 FEET THEREOF.
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT THE SOUTHEAST CORNER OF LOT 57. BARRINGTON ESTATES. ACCORDING TO THE PLAT
THEREOF AS RECORDED IN PLAT BOOK 62. PAGES 77 THROUGH 80, INCLUSIVE, iN THE PUBLIC
RECORDS OF SEMINOLE COUNTY. FLORIDA. SAID POINT BEING ON THE EAST LINE OF THE
SOUTHEAST 1/4 OF SECTION 4, TOWNSHIP 21 SOUTH, RANGE 31 EAST, SEMINOLE COUNTY,
FLORIDA; THENCE RUN 500"21 '31"E, ALONG THE EAST UNE OF THE SOUTHEAST 1/4 OF SAID
SECTION 4. A DISTANCE OF 32.1.38 FEET TO A POINT ON THE NORTH RIGHT OF WAY LINE OF
STATE ROAD NO. 434; THENCE ALONG THE NORTH LINE OF STATE ROAD NO. 434 THE FOLLOWING
THREE COURSES; THENCE S89'ZZ'S7"W, A DISTANCE OF 206.37 FEET; THENCE NOO'37'0.3"W, A
DISTANCE OF 5.00 FEET; THENCE S89'22'S7"W. A DISTANCE OF 32.30 FEET TO A POINT ON THE
EAST LINE OF THE WEST 425.00' OF THE SOUTH 1 /2 OF THE NORTHEAST 1 / 4 OF THE
NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 4; THENCE DEPARTING SAID NORTH
RIGHT OF WAY LINE LINE RUN NOO'02'02"W, ALONG THE SAID EAST LINE OF THE WEST 425.00'
OF THE SOUTH 1/2 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4
OF SAID SECTION 4, A DISTANCE OF 318.27 FEET TO A POINT ON THE SOUTH LINE OF
AFORESAID PLAT OF BARRINGTON ESTATES, SAID POINT ALSO BEING ON THE NORTH LINE OF THE
SOUTH 1/2 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID
SECTION 4: THENCE N89'50'13~E. ALONG THE SOUTH LINE OF' SAID BARRINGTON ESTATES AND
NORTH LINE OF SAID SOUTH 1/2 OF THE NO~THEAST 1/4 or THE NORTHEAST 1/4 OF THE
SOUTHEAST 1/4 OF SAID SECTION 4, A DISTANCE OF 236.88 FEET TO THE POINT OF BEGINNING.
BROWN, GARGANESE, WEISS & D'AGRESTA, P~i\..
Attornrys at Law
Debra S. Babb-Nutcher'
Joseph E. Blitch
Usher L. Brown ·
Suzanne D'Agresta"
Anthony A. Garganese"
J.w. Taylor
Jeffrey S. Weiss
Offices in Orlando, Kissimmee, Cocoa,
Ft. Lauderdale & Tampa
Vivian Cocotas
Scott J. Dornstein
Mitchell B. Haller
Katherine W. Latorre
Amy J. Pitsch
'Board Certified Civil Trial Lawyer
''Board Certified City, County & Local Government Law
Erin J. O'Leary
Catherine D. Reischmann
William E. Reischmann, Jr.
Of Counsel
April 23, 2007
Andrea Lorenzo-Luaces, City Clerk
City of Winter Springs
1126 East State Road 434
Winter Springs, FL 32708
RE: City of Winter Springs / Development Agreement/Notice of Zoning
Restriction/Janet M. Mann
Our File No.: 1193
Dear Andrea:
Enclosed please find the original recorded Development Agreement/Notice of Zoning
Restriction between the City of Winter Springs and Janet M. Mann which was received in our office
today. This document is being forwarded to your office for safekeeping.
Thank you for your attention to this matter.
V ery ,.t~.U..I...'tJ.....;..y.. ou. r.. s......' .(
. ;' pj'''\ ,1 ;'
/ I. II
1 '.','
I"j~ . /,./ \
. I (, \
Kristie D. Matta, Assistant to
Anthony A. Garganese
City Attorney
/kdm
Enclosure
225 East Robinson Street, Suite 660 . P.O. Box 2873 . Orlando, Florida 32802-2873
Orlando (407) 425-9566 Fax (407) 425-9596 . Kissimmee (321) 402-0144 . Cocoa (866) 425-9566 . Ft. Lauderdale (954) 670-1979
Website: www.orlandolaw.net . Email: firm@orlandolaw.net