HomeMy WebLinkAbout1998 01 12 Regular Item B-2
COMMISSION AGENDA
ITEM
B-2
REGULAR X
CONSENT
INFORMATIONAL
January 12, 1998
Meeting
MGR if. ~ IDEPT.
Authorization
REQUEST: The Community Development Department - Planning Division requests the City
Commission to authorize the Mayor to execute a Development Agreement,
pertaining to a 9.58 acre parcel located located on the south side of State Road
434 approximately 2,500 feet ~ast of U.S. 17/92.
PURPOSE:
The purpose of this Board Item is to request the Commission to hold a first public hearing
on a proposed Development Agreement for the 9.58 acre Lake Irene Investors property.
APPLICABLE LAW AND PUBLIC POLICY:
The provisions of 163.3220(2) Florida Statutes which states "The Legislature finds and
declares that: (a) The lack of certainty in the approval of development can result in a
waste of economic and land resources, discourage sound capital improvement planning
and financing, escalate the cost of housing and development, and discourage commitment
to comprehensive planning. (b) Assurance to a developer that upon receipt of his or here
development permit he or she may proceed in accordance with existing laws and policies,
subject to the conditions of a development agreement, strengthens the public planning
process, encourages sound capita improvement planning and financing, assists in assuring
there are adequate capital facilities for the development, encourages private participation
in comprehensive planning, and reduces the economic costs of development.
The provisions of 163.3220(3) Florida Statutes which states "In conformity with, in
furtherance of, and to implement the Local Government Comprehensive Planning and
Land Development Regulation Act of 1972, it is the intent of the Legislature to encourage
a stronger commitment to comprehensive and capital facilities planning, ensure the
provision of adequate public facilities for development, encourage the efficient use of
resources, and reduce the economic cost of development.
JANUARY 12, 1998
AGENDA ITEM B-2
Page 2
The provisions of 163.3220(4) Florida Statutes which state" This intent is effected by
authorizing local governments to enter into development agreements with developers,
subject to the procedures and requirements of 163.3220-163.3243 F.S.
CONSIDERA TIONS:
1. The City staff and the Lake Irene Investors representative have held discussions on
the specifics of a Development Agreement.
2. The Development Agreement indicates certain restrictions and specifications the
City staff believes will promote the proper development of the S.R. 434 Corridor
and will promote compatibility with the surrounding area.
3. The revenue generation potential of the site is estimated to be between $30,000
and $50,000 per year based on the type of development that occurs on the
property.
FUNDING:
The agreement involves payment of not more than $60,000 for relocation of the traffic
signal from 434 and Timberland Drive to the entrance of the PUD. These funds would be
paid from the Transportation Improvement Fund. The fund would be reimbursed from
impact fees.
RECOMMENDATION:
Staff recommends approval of the Development Agreement pertaining to the 9.58 acre
Lake Irene Investors Property located on the south side of State Road 434 approximately
2,500 feet east of US. 17/92.
IMPLEMENTATION SCHEDULE:
The approval of the Development Agreement pertaining to the Battle Ridge Property "shall
become effective upon proper recording in the public records of the county and until 30 days after
having been received by the state land planning agency (DCA) pursuant to 163.3220 to
163.3243 F.S.
JANUARY 12, 1998
AGENDA ITEM B-2
Page 3
ATTACHMENTS:
1. Development Agreement
COMMISSION ACTION:
JRN 08 '98 05:45PM KRUPPENBRCHER & RSSC
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LAW OFFICES
FRANK KRUPPENBACHER
A Professional Association
Frank Kroppenbachcr'
Robert D. Guthrie
P,O. Box 3471
Orlando, Florida ~2802-3471
lOS E. Robinson Street, Suite 201
Orlando, Florida 32801-1622
Telephone (407) 246~200
Facsimile (407) 426-7767
Facsimile (407) 426-7767
'A11O Admitted in Colorado
MEMO
TO:
Ron McLemore
Charles Carrington "'~ /"
Robert Guthrie, City Attom~
FROM:
DATE:
lanuary 8, 1998
RE: Latest Draft ofLeffier Annexation Agreement
To allay consensus of the Property Owner, I re-drafter the proposed agreement blending Mr.
Leftler's draft oflast week and mine,
The essence of the Agreement remains the same. The property is broken up for descriptive
and development purposes as Lots 1, 2, 3, &nd 4. Lots 1 and 2 are in the Center of the property and
constitute the site for the proposed WiM-Dixie Marketplace shopping center.
Lots 3 and 4 are on the east and west of Lots 1 and 2.
This Agreement allows us to annex the .properties. The effective date of the annexation of
Lots 1 and 2 turns upon the happening of the earlier of two contingencies. First, is January 1, 1999;
second would be the issuance of a certificate of occupancy for the Winn-Dixie Marketplace
development.
As to Lots 3 and 4. the annexation would be effective upon the happening of the earliest of
(i) January 1, 1999, or (ii) sale of either of or part of Lots 3 and 4; or (ill) application for a
development order.
City impact fees would not be due for the Winn-Dixie Marketplace, or for other development
on Lots 1 or 2 receiving a building permit in 1998. This is justified since the proposed development
was under plan review by Seminole County and under state law would be subject to Seminole County
ordinance requirements until actually annexed into the City,
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McLemore/Carrington Memo
January 8, 1998
Page 2
City impact fees for any development on Lots 3 or 4 after the execution of this Agreement
would be collected by Agreement of the parties.
The City would reimburse the Property Owners for the cost of connection to water lines and
installation of a traffic signal up to certain cost limits,
The City agrees not to make the property subject to the City comprehensive plan until on or
after November 1, 1999, including land development regulations, such as the S.R. 434 design
standards.
Please review the agreement. As of 4 :45 p.m. on Thursday, January 8, 1998 I have not been
able to reach Mr. Letller to discuss this revised agreement.
co:
Kenneth M. Leffler
.'.
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ANNEXATION AGREEMENT
This Annexation Agreement is entered into this day ofJanuary, 1998 by, between and
among ELIZABETH L. BUSH; JAMES DYCUS, as Personal Representative of the Estate of Mary
Lefiler, deceased; NANCY 1. FREEMAN; IOANN E. JACKSON; KENNETH M. LEFFLE~ and
LILA L, WALLING, hereinafter called lithe Property Ownersll and the City of Winter Springs,
Florida, a municipal corporation, hereinafter called "the Cityll, and 434 DIXIE VENTURE, a Florida
general partnership, hereinafter called "the Deve1operJl.
WITNESSETH: That the several parties to this Annexation Agreement, in consideration
of their mutual covenants as hereinafter set forth, do hereby agree:
1. Purposes. The purposes of this Annexation Agreement are to fulfill the goals,
objectives and policies of:
a. the City by affording a unique, economical, and expeditious means and opportunity
to square o1fthe City's's westerly corporate limit where it intersects State Road 434,
thereby creating at such intersection an appropriate and distinctive western "gateway
to the City of Winter Springsll, a goal which will be achieved by Property Owners
voluntarily anne,dng and bringing into the corporate limits of the City the parcels of
real property referred to in paragraph 2 of this Annexation Agreement; and
b. (i) the Property Owners by providing an avenue fOf expeditious development of
the parcels of real property referred to in paragraph 2 of this Annexation Agreement,
which Property Owners have detennined can be better accomplished by annexation
into the City, while providing that development can occur under existing ordinances,
rules, regulations and policies; and
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(ri) a willingness of the City to bear or defer some of the costs of development
for Lots 1 and 2 and the annexation applications fees for Lots 1, 2, 3 and 4,
C. The Developer 'Will make a revenue contribution through additional taxes and benefit
from enhanced law enforcement and fire protection which will be provided by the
CitYs police and fire departments) and by assuring continued availability of water and
sewer services to the real propertYt and it is acknowledged that the Developer
consents to annexing to the City by this Annexation Agreement.
2. Descriptions of Properties to be Annexed. A graphic depiction of all property
subject to this Agreement is depicted on Exhibit IIAII. The real property which is the subject matter
of this Annexation Agreement is described in Exhibit liB II (hereinafter referred to as "Lot I"), Exhibit
"e" (hereinafter referred to as "Lot 2/1), Exhibit "DII (hereinafter refmed to as IILot 311), and Exhibit
liE II (hereinafter referred to as IILot 4"), all of which exhibits are made a part of this Annexation
Agreement.
3. DevelQpers Consent to Annexation, Developerls sole reason and purpose in
becoming a party to this Annexation Agreement is to approve and consent to annexation of Lot 1 and
Lot 2, and for no other reason or purpose whatsoever. Accordingly, Developer hereby irrevocably
.consents to the annexation by the City oCLot 1 and Lot 2 on the conditions that (a) all impact fees
which the City may impose, assesst or collect in connection with construction of improvements on
or development of these lots conunenced or initiated in the calendar year 1998 shall be and are hereby
forever waived, and (b) the annexation process shall be effected without cost to the Developer.
4, Effective Dates of Annexation. All parties hereby agree that annexation to the City:
a, Lot 1 and Lot 2 shall become effective on the earlier of (i) January 1, 1999, or (ii) the
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b.
day after the date when the County of Seminole issues it Certificate of Occupancy for
the Winn-Dixie Marketplaoe supermarket store to be constructed on Lot 1.
Lot 3 shan become effective (i) January 1, 1999, or (ii) on the date of sale by Property
Owners or all or any part of Lot 3, or (Hi) on the date in application to the City or
County of Seminole for issuance of a building permit for construction of a building
on Lot 3 is granted, whichever shall first occur.
Lot 4 shall become effective (i) January 1, 1999, (ii) on the date of sale by Property
Owners or all or any part of Lot 4, or (iii) on the date in application to the City or
County of Seminole for issuance of a building permit for construction of a building
on Lot 4 is granted, whichever shall first occur,
Repres.entations and Covenants of Property Owners.
c.
S.
and do hereby;
a. ratify and confirm the previous application for annexation of Lot 1 and Lot 2 into the
City made on behalf of Developer in the name ofllLake Irene rnvestorsfl (the identities
whom are the same as Property Owners) as petitioner:
Property Owners shall
b. make and submit to .the City this Annexation Agreement as their irrevocable
application for voluntary annexation of Lot 3 and Lot 4, subject to the following
provisions of this Annexation Agreement.
c. consent to adoption by the City Commission (the Cityls governing board) of
ordinances annexing Lot 1, Lot 2, Lot 3, and Lot 4 incorporating all conditions of this
Annexation Agreement into said Annexation Ordinance; and
d, agree that upon or after the effective date of this Agreement, the City shall have the
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full right to lawfully impose and collect payment of impact fees for any development
for Lot 3 and Lot 4 in connection with construction of any improvements on or
development of said lots regardless of when commenced or initiated, and regardless
of whether said lots have annexed into the City or not.
6. Represlilntations and Covenants of the City.
a. As to Lot 1 and Lot 2. the City hereby agrees to forever waive all impact fees which
the City may otherwise lawfully impose, assess, or collect in connection with
construction of improvements or development conunenced or initiated on either Lot
1 or Lot 2 during the calendar year 1998, The City also represents and agrees that
no impact fees shall be assessed against Lot 1. and Lot 2 for the Winn-Dixie
Marketplace development currently under review with Seminole County Officia1s~ and
b. Other than building permit and impact fees for Lot 3 and Lot 4, the City agrees to
neither impose no assess any taxes, levies, fees, and other charges against Lot I, Lot
2, Lot 3 and Lot 4 until after the several lots are aMexed into the City.
c, Timing of Comprehensive Plan/Initial zoning of the Property. Section 171.062,
Florida Statutes provides that an area annexed into a municipality which is subject to
a. county land use plan and county zoning or subdivision regulations. county
regulations remain in full force and effect until the municipality adopts a
comprehensive plan amendment that includes the annexed area, The parties
acknowledge and agree that Lots 1,2, 3 and 4 are subject to the Seminole County
comprehensive plan, zoning and subdivision regulations, Because it takes up to six
months to transmit and finally adopt an amendment to the City's comprehensive plan
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and because the effective state of the ordinance annexing Lots 1 and 2, and Lots 3 or
4 could be effective as last as January 1, 1999, the parties agree:
(i) comprehensive plan amendments affecting Lots 1, 2, 3 and 4 will not be
considered by the City until or after March, 1999 unless requested by Property
Owners and agreed to by the City; and
(ii) said comprehensive plan !'Jllendments will not be deemed effective on the
property untifon or about January 1, 2000, unless requested by the Property
Owners and consented to by the City.
(ill) this provision shall not effect the separate agreement of the parties that City
impact fees shall be collected on any. and illl development activity occurring
on Lots 3 and 4 or after the date of extension of this Agreement and collected
on Lots 1 and 2 for any development occuring after January I, 1999..
7. TRAFFIC SIGNAL. The Florida Department of Transportation hereinafter called
"FDOT", authorizes and approves (warrants) traffic signals on State Road 434, It appears a traffic
signal to serve the property has been approved by FDOT. The Property Owner will be responsible
for the aetual eo~t of acquisition, and installation of this traffic signal as required by FOOT rules and
regulations; provided specifically, however, that the Property Owner and City have agreed that the
City will reimbW'Se a sum not to exceed sixty thousand ($60,000) dollars toward the cost of
acquisition and installation of the traffic signal based on a City determination that such signal will aid
and alleviate traffi.c along State Road 434 and thereby serve a public purpose. This commitment by
the City is, however, specifically conditioned on the following two conditions. First, this commitment
is based upon the annexation of Lots 3 and 4 into the City and development on said Lots 3 and 4
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being subject to City of Winter Springs transportation impact fees. Second, the City shall not be
obligated to reimburse any portion or all of said sums for the traffic signal until thirty.five (35) days
after Lots 1, 2,3 and 4 have been aMexed into the City by Ordinance and neither ordinance has not
been challenged or appealed pursuant to Chapters 163 or 171, Florida Statutes.
8, IMPACT FEES.
A As to1.ota 1 and 2, once annexed into the City, Lots 1 and 2 will not be required to
pay impact fees for development commenced during the calendar year 1998 including the WiM.Dixie
Marketplace Center based upon the following findings:
1) The City road impact fee for the current cycle has been calculated and since Lots 1
and 2 were outside the City when such calculation.s occurred, no revenues from the
Property were projected into the current year impact fee calculations; nor eligible City
projects identified; and,
2) review of pending site plans and building plans for Lots 1 and 2 was commenced
utilizing Seminole County standards and under state law, specifically Section 171,
Florida Statutes, rmal review of said building plans, building inspections, and issuance
of the Certificate of Occupancy is likely to be done by Seminole County utilizing
County code standards, and City transportation impact fees could not be collected if
the permits were issued by the County.
3) Lots 1 and 2 will be required to pay Seminole County impact fees pursuant to County
Ordinance as a condition of development.
B. Lots 3 and 4 will be subject to all City regulations, including development regulations,
impact fees, and other land development regulations, once annexed into the City pursuant to the
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requiremenu of stale Jaw IIlld 8l<pectatjons of the Parties to this Agreement, but the Property Owners
IIlld the City specj/ic:alJy asree that develOjllllent on Lots 3 IIlld 4 Occurring after the execution of this
Agreement shall pay City impact fees,
9. Pt7BU~ SERVIC-E..S,
A. If the CUtTent water service provider doe. llOt connect Lots I, 2, 3 IIlld 4 to City water
transmiS&ion lines, City agrees to connect said properties to said City water transmission lines located
on the - side of Stale Road 434, conditioned upon the occurrence of two conditions precedent.
First, that Lots I, 2, 3 IIlld 4 have annexed into the City in accordance with this Asreemen~ by
. .~;::~
ordinance passed at least thirty-Jlve (35) days before the expenditure of any sums by the City IIlld
.:~
neither ordinance has been chaIlenged or appealed pursuiurt to .tate Jaw. The second condition is that
the cost to the City 10 COnnect Lois 1,2,3 and 410 the City waler transmission system does not
exceed $20.000.00
B. The City is prepared to serve the Property constituting Lots I, 2, 3 and 4 with all City
services 10 the extenl available to ather properties in the City IIlld as required by stale law, bul the
Jl8J1iesto this Agreemenl acknowiedge and agree thai the Properly is subject to separale water and
WlI$lewaler Service agreemeats that the City and the Property Owner have no ability 10 unJlaterally
terminate to allow the City to serve these area.. or impose City rates for suell services. Therefore until
said WIler services and wastewater service agreements terminale, the properties dese1ibed on Lota
I, 2, 3 IIlld 4 may be served by other governmental entities or utilities providers with service levels
and changes set by such providers and beYond the control of the City,
10. Miscellaneous AdditionaLProvisiQn~.
a. Property Owners warrant and represent to the City that they are Owner. in fee simple
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ofthe real property described in Exhibits IIAII through "Ell.
b. Property Owners agree that any contract or contracts for sale of Lot 3 and Lot 4 shall
contain a provision notifYing. the buyer of the requirements of this Annexation
Agreement, and specifically the requirement that applications for building permits
shall be made to the City.
c. The City warrants and represents that this Annexation Agreement and subsequent
annexations of the real property described in Exhibits "A" through "Ell will not result
in material delays or inCreased costs of development of said property to Developer
and Property Owners, or their grantees, through imposition of special fees,
requirements and conditions not required of other. builders or developers.
d. The City acknowledges that development of Lot 1 and Lot 2 shall be under the aegis
of Seminole County, and not the City; and, that all building and development
requirements of Seminole County will either meet or exceed those of the City with
respect to construction of improvements on Lot 1 and Lot 2,
e. The City agrees to waive voluntary annexation fees, and to bear all expenses which
it may incur in connection with the voluntary annexations contemplated by this
Annexation Agreement.
f. The Udate of sale" as used in paragraph 5, above, shall be deemed to be the date of
recording in the public records of Seminole County, Florida, of a deed of conveyance
to all or part of the real property described in Exhibit "D" to a third party or parties
(thereby excluding any inter se conveyances).
11, This Agreement shall be recorded in the Public Records of Seminole County.
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DONE AND EXECUTED on the date written above.
ATTEST
CITY OF WINTER SPRINGS, FLORIDA
City Clerk
PAUL P. PARTYKA, MAYOR
PROPERTY OWNER
ELIZABETH L. BUSH
WITNESS:
Print name
WITNESS:
Printnarne
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this _ day of January 1998, by
ELIZABETH L. BUSH, an individual. She is personally known to me, or has produced
as identification.
NOTARY PUBLIC, STATE OF FLORIDA
Print
My commission expires
9
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JAN 08 '98 05:51PM KRUPPENBACHER & ASSC
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PROPERTY OWNER
JAMES DYCUS as Personal
representative of the Estate of
Mary Leftl.er, deceased
WITNESS:
Print name
WITNESS:
Print name
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this _ day of January 1998, by
JAMES DYCUS as personal representative of the Estate of Mary Leffler> deceased. He is personally
known to me, or has produced as identification.
NOTARY PUBLIC. STATE OF FLORIDA
Print
My commission expires
10
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JAN 08 '98 05:51PM KRUPPENBACHER & ASSC
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PROPERTY OWNER.
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NANCY J. FREEMAN
STATE OF FLORIDA
COUNTY OF
WITNESS:
Print name
WITNESS:
Print name
The furegoing instnunent was acknowledged before me this _ day <if January 199~,
NANCY J. fR.EEMAN, an individual. She i. personally known to me, or has produc
as identification.
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FROM 407-426-7767
NOTARY PUBLIC, STATE OF FLORIDA
Print
My cOmmission expires
11
JAN 08 '98 05:51PM KRUPPENBACHER & ASSC
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PROPERTY OWNER
JOANN E. JACKSON
WITNESS:
Print name
WITNESS:
Print name
STAlE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this _ day of January 1998, by
JOANN E. JACKSON, an individual. She is personally known to me, or has produced
as identification.
NOTARY PUBLIC, STATE OF FLORIDA
Print
My commission expires
12
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PROPERTY OWNER
KENNETH M. LEFFLER
WITNESS:
Print name
WITNESS:
Print name
STATE OF FLORIDA
COUNTY OF
The fOregoing instrument was acknowledged before me this _ day of January 1998, by
KENNETH M. LEFFLER., an individual. He is personally known to me. or has produced
as identification.
NOTARY PUBLIC, STATE OF FLORIDA
Print
My commission expires
13
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PROPERTY OWNER
LIT..AL. WALLING
. WITNESS:
Print name
WITNESS:
Print name
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this _ day of January 1998. by
LILA L. WALLING, an individual. She is personally known to me, or has produced
as identification.
NOT ARY PUBLIC, STATE OF FLORIDA
Print
My commission expires
14
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DEVELOPER
DONALD M. HUBER, AS
PRESIDENT OF sm ENTERPRlSES, INC.
A Florida Corporation
STATE OF FLORIDA
COUNTY OF
WITNESS:
Print name
'WITNESS:
Print name
P,19/20
The foregoing instrument was acknowledged before me this _ day oflanuary 1998, by
DONALD M, HUBER, as president of SFH Enterprises, a Flori.da Corporation. He is personally
known to me, or has produced as identification.
FROM 407-426-7767
NOTARY PUBLIC, STATE OF FLORIDA
Print
My commission expires
15
01-08-98 06:55 PM
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