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HomeMy WebLinkAboutFlorida Land Company Settlement Agreement e e e . SETTLEMENT AGREEMENT THIS AGREEMENT made and entered into by and between FLORIDA LAND COMPANY ("Florida Land") and the CITY OF WINTER SPRINGS, FLORIDA ("City"), WHEREAS, Florida Land and the City are parties to Civil Ac- tion No. 80-ll00-CA, in the Circuit Court of Seminole County, Florida, Florida Land Company v. Jim Donavon Hartman, et al., (hereinafter "the Suit"), which Suit involves, in part, an objec- tion by Florida Land to the procedures to be employed by the City in preparing for a referendum election for the purpose of determ- ining whether Ordinance No. 210 enacted by the City should be revoked, which if revoked by the referendum election would change the zoning classification of certain real property owned by Flor ida Land wi thin the municipal boundar ies of the Ci ty, the legal description of which is attached hereto as Exhibit "A" (hereinafter the "Subject Property"); and, WHEREAS, Florida Land and the City agree that it is in their mutual best interests as well as being in the best interests of the residents of winter Springs to resolve the Suit and the vari- ous issues ar ising out of the suit without the holding of the referendum election to determine the zoning of the Subject Prop- erty; and WHEREAS, Florida Land desires to construct approximately four hundred (400) housing units on the Subject Property and the City is interested in allowing Florida Land to utilize their property in a manner consistent with Flor ida Land's plans and with the City's comprehensive growth plan; and WHEREAS, Florida Land intends to develop the Subject Prop- erty in such a way that would create non-uniform density of hous- ing units throughout the Subject Property and which would allow certain portions of the Subject Property to be dedicated to con- servation purposes and effluent discharge; and t . tt WHEREAS, Florida Land desires to develop the Subject Prop- erty under existing zoning as well as under certain proposed zon- ing changes, including some R-3 zoning or such other zoning as may be necessary to obtain the development of approximately 400 units on the approximate 405 acre site~ and WHEREAS, the City is willing to consider the proposed zoning changes and Florida Land will follow the normal processes out- lined in the City Code to have said zoning changes considered~ and WHEREAS, Florida Land agrees that the request for zoning change will contain certain provisions previously requested by the City relating to roads, sidewalks, and sewers as outlined herein~ and ~ WHEREAS, in order to accomplish the goals and objectives of Florida Land and City as outlined herein, Florida Land agrees to dismiss the suit and to consent to the revocation of Ordinance No. 210 by the City, which would relieve the City of the obliga- tion to hold a referendum election on said ordinance~ and WHEREAS, Florida Land and the City agree to settle and dis- charge all claims that the City may have against Florida Land for attorneys' fees and court costs arising out of the Suit. NOW THEREFORE, IN CONSIDERATION of the foregoing and the matters stated herein, it is hereby agreed by and between Florida Land Company and the City as follows: 1. Florida Land Company or its designated agent shall apply for R-3 zoning or such other zoning necessary to provide a 4t density of approximately four hundred (400) housing units on ap- proximately four hundred five (405) acres. Such zoning to pro- vide, in part, as follows: (a) Any R-3 zoning shall be located on approximately forty (40) acres of the northern area of the designated property~ access to parcels with this zoning shall only be over roads con- nected to the presently constructed road linking State Road 419 ~ directly with the designated property. - 2 - - :Y~,T~."".~"'~" tt (b) The density of the housing units to be constructed on the gross acreage of the Subject Property will meet the re- quirements of the comprehensive growth plan; (c) Approximately one hundred (100) acres of the Sub- ject Property shall be devoted to conservation purposes and ap- proximately forty (40) acres of the Subject Property will be devoted to effluent discharge (i t is understood that these ap- proximate figures for conservation and effluent discharge usage may be adjusted as necessary to be acceptable to both Florida Land and the City). (d) Roads within the Subject Property to be developed will be paved; (e) Gutters and curbs will be constructed where re- 4t quired by the City; (f) Underdrains will be constructed where appropriate based upon soil survey conditions; (9) Florida Land will grant an easement on the Subject Property to allow Shore Road to be widened to twice its present size; e (h) Florida Land will dedicate a right-of-way to ex- tend Bahama Road eastward to the boundary of Oak Forest, but Bahama Road shall not interconnect with any parcel rezoned to R- 3; the parties recognize that the property which is contemplated to be included within the dedicated road right-of-way is pre- sently subject to a Lease/Purchase Agreement between Florida Land and the City, and said Lease/Purchase Agreement shall remain in effect and unchanged. The City agrees to accept the right-of-way dedication subject to verification of the impact of such dedica- tion on the Lease/Purchase rights of the City, and further with the understanding that in making this dedication Flor ida Land will not be subject to any monetary liability because of the existing Lease/Purchase Agreement or obligation to act in contra- vention of the Lease/Purchase Agreement. The City and Flor ida Land agree to modify the dedication should said dedication inter- e - 3 - - e e e e ."J:',.~..;?',!t;;p-~:.f':~ fere with the City's rights under the Lease/Purchase Agreement, or if Florida Land should in any way be subjected to any claim by the Ci ty or any thi rd party because of any conflict arising between the dedication and the Lease/Purchase Agreement; (i) Either sewers or septic tanks will be installed for use in the housing units to be constructed on the Subject Property depending upon which is more suitable for each housing unit, as determined solely by Florida Land. (j) Flor ida Land will dedicate approximately twenty (20) acres of the Subject Property, or such amount as may be required by the Ci ty Code, for recreation purposes. While the exact location will be determined by Florida Land, the portion to be dedicated will be in the vicinity of the area bounded by Alton Road to the North and No Name Creek to the West. The portion so dedicated shall be suitable for recreation purposes. It is agreed that this commitment by Florida Land to dedicate a portion of the Subject Property for recreation purposes shall act to supercede and discharge Florida Land from any prior commitment to furnish land for recreational uses in any development it may do wi thin the boundaries of the City, including particularly any recreational or park area within the Foxmor IV Subdivision. 2. Florida Land acknowledges and understands that any development of the subject property must comply with the provi- sions of the City of Winter Springs, Florida, Code of Ordinances, ("Code"). 3. The City cannot contract for zoning; however, the gen- eral terms and conditions as outlined herein are considered ben- eficial for the development of the City but will have to be re- viewed and approved as provided for in the City Code. 4. Flo: ida Land agrees that the sui t will be dismissed with prejudice when all matters and procedures connected with finally and irrevocably obtaining the zoning changes described herein have been accomplished and all periods for appeal and filing objections to any proposed zoning ordinance thereto have - 4 - e e e e '~'::'f~;')";:"":~T7-~"'~' ~.~. '-J:_,-~'''''''"''''''~.:"''9'''F~ expired. To that end, Florida Land and the City will execute a Joint Dismissal with Prejudice of the Suit and a Consent to re- pealing Ordinance No. 210 which documents shall be held in escrow by the attorney for the City until all conditions precedent as set forth herein have been accomplished. Further, as a part of the settlement of the Suit, Florida Land and the City agree to compromise all claims which have been made, or which might be made, by the City against Florida Land, by reason of the City being the prevailing party on certain counts in the Suit, for the attorneys' fees and costs incurred by the City in the Suit, and all attorneys' fees and costs incurred by the City in negotia- tions with Florida Land leading to the execution of this Agree- ment in consideration of Florida Land paying to the City the sum of TWENTY THOUSAND ONE HUNDRED NINETY-THREE AND 31/100 DOLLARS ($20,193.38), and the City agreeing to accept said sum in full satisfaction of all such claims. Florida Land will, simultane- ously with the execution of this Agreement, deposit with the attorneys for the City the aforesaid monies, which monies shall be placed into an interest bearing escrow account. The aforesaid Joint Dismissal with Prejudice, Consent and the aforesaid monies shall be held in escrow by the attorneys for the City for such per iod of time as is necessary for the following to be accom- plished and completed: (a) All procedures and proceedings involved in the en- actment or rejection of zoning classifications requested by Florida Land for the Subject Property to facilitate the develop- ment of approximately 400 housing units have occurred and appeals periods have been exhausted and within a reasonable time for zoning approval consistent with the comprehensive growth plan; (b) In the event that the R-3 zoning or such other zoning as may be necessary is not approved wi thin a reasonable time for zoning approval consistent with the comprehensive growth plan, the obligations of all parties are relieved without preju- dice to the City to pursue its claims including costs and attor- - 5 - e . e e "'':''P.'~~,7;l''~~: ""r?:':~''';:V~:F; / ..,/ "'" neys' fees and without prejudice to Florida Land to seek a refer- endum vote on Ordinance No. 210; (c) All lawsuits filed by any residents or third per- sons objecting to the R-3 zoning have been concluded and all appeal periods for such suits have expired; (d) In the event of an appeal this Agreement shall be extended until all rights of appeal so exercised have been ex- hausted. When all of the conditions outlined above have occurred, Florida Land shall give written permission to the attorneys for the City to file the Joint Notice of Dismissal with Prejudice and to release to the City the aforesaid settlement funds, plus all interest accumulated thereon, as well as the Consent. In no event shall the attorneys for the City be free to release said settlement funds until written authorization has been received from Florida Land or its attorneys. The City and Florida Land agrees to abate the Suit until all matters necessary to dismiss- ing the Suit have been accomplished or the zoning requested has been denied. 5. Florida Land agrees to forthwith commence to prepare the Request for Zoning change for the Subject Property for sub- mission to the City for consideration. Further, Flor ida Land agrees to diligently go forward with the procedures necessary to obtain approval for such zoning change. 6. The City agrees to diligently work with the representa- tives of Florida Land in an effort to develop zoning which will be acceptable to Florida Land and in the best interest of the City, and shall direct its employees and agents to use their best efforts to that end. The City shall advance the consideration of the zoning changes on the agenda of any Board Meeting or City Council Meeting called to consider said proposal. 7. This Agreement shall inure to the benefit of all suc- cessors in interest in and to Flor ida Land, the City, and the Subject Property. - 6 - /e e e .. ."c ..~_.,'< ~.'-T~"r"""'~~-'-' . . . ..;/ /" ~ .\;..,...,,, 8. This Agreement shall be effective when executed by authorized representatives of Florida Land Company and the City. ATTESTED BY: ~~~/ ~ ~ , . J~ Mayor ~/U" r ~ L2 Hartman Date of Execution: [CORPORATE SEAL] 5086JCH-lE - 7 -