HomeMy WebLinkAbout1999 08 23 Regular Item C
COMMISSION AGENDA
ITEM C
Consent
Informational
Public Hearin
Re ular X
August 23.1999
Meeting
MGR(\N.ADEPT.
Authorization
REQUEST: City Manager requesting the Commission to receive an update on the
current status on the Winter Springs Town Center by developer Mr. Rohit Joshi, to discuss
certain issues related to the development of the Town Center, and to provide staff with
direction relative to these issues.
PURPOSE:
The purpose of this agenda item is for Joshi and Associates to provide the Commission with a
progress report on the Town Center, for the Commission to discuss certain issues related thereto,
and to provide staff with direction it deems appropriate.
APPLICABLE LAW AND PUBLIC POLICY:
The provisions of 163.3167(11)F.S. states "Each local government is encouraged to articulate a
vision of the future physical appearance and qualities of its community as a component of its
local comprehensive plan. The vision should be developed through a collaborative planning
process with meaningful public participation and shall be adopted by the governing body of the
jurisdiction" .
Policy 3c under Objective A of the Traffic Circulation Element of the City's Comprehensive Plan
which calls for the creation of a "Town Center" to serve as a primary civic, business and service
focus for the City". In 1995 the City Commission approved the preparation ofa S.R. 434 Vision
Plan that would include a "Town Center".
CONSIDERATIONS:
. The City Commission on March 16, 1999 voted to enter into a ninety (90) day Exclusive
Negotiating Agreement with Joshi and Associates of Florida. The Agreement permitted Mr.
Joshi to conduct feasibility studies on approximately 898.7 acres of land in the proposed
Town Center and other properties. The Agreement permits three (3) additional thirty (30)
day extensions by mutual agreement of the parties. The agreement expired June 16, 1999.
Page 1 of 4
. On May 10, 1999, Add-On Agenda Item G was approved by the City Commission
technically extending the Exclusive Negotiating Agreement until June 15, 2000 and
modifying the language to add clauses recommended by the City Attorney. The added
language stated that the Developer has the property under valid contracts.
. The Extension Agreement, although approved by the Commission, apparently was not
acceptable to Mr. Joshi and as a result the original Exclusive Negotiations Agreement was
never modified or extended and expired June 16, 1999.
. Currently there is no binding agreement between the City of Winter Springs and Joshi and
Associates
. The first reading of the Town Center Design Code was approved on May 10, 1999. The
second reading was deferred until October 11, 1999.
. On May 10, 1999 the City Commission approved a Standstill Agreement with Schrimsher
Properties agreeing to schedule the second reading after October 1, 1999 or thirty (30) days
following receipt of written notification that the land contract has been terminated.
. On July 15, 1999 Schrimsher Properties notified the developer that the land purchase contract
with Mr. Joshi has been terminated.
. On June 14, 1999 the Commission decided to delay annexation of 59.45 acres if property
under contract to Duncan Bowman located adjacent to the Casscells property. Mr. Bowman
proposed to develop the property for single family development. City staff desired the
annexation to be delayed until such time as the Planning Charette could be completed on the
property to determine if single family was the best use of the property. Staff also
recommended that the annexation of the Bowman Property not be unnecessarily delayed if
Joshi was unable to complete the Charette in a reasonable amount of time. It is apparent now
that the Charette cannot be completed in a reasonable amount oftime.
. On August 9, 1999 Mr. Joshi gave the Commission a status report stating that his due
diligence analysis demonstrated that the price offered to the Schrimsher's for the Schrimsher
Property was to high and that he had been attempting to negotiate a more feasible
arrangement with the Schrimsher's. The Schrimsher's chose not to amend the terms of the
contract and to let the contract terminate in default.
Mr. Joshi explained that he was reducing the scope of the project to deal exclusively with the
acreage owned by the Blumberg's and Kingsbury's, and that he felt he could move these
properties to development rapidly. Mr. Joshi produced extensions of Letter of Intent with the
Blumberg's and Kingsbury's.
Mr. Joshi will appear at the August 23, 1999 meeting to give further information as to why
the Commission should renew his Exclusive Negotiating Agreement.
Page 2 of 4
The Commission needs to resolve the following issues:
Issue 1: Does the Commission desire to enter into a new Exclusive Nee:otiatine:
Ae:reement for a period of time terminatine: on December 1. 1999 to allow Mr. Joshi
to complete due dilie:ence on the Kine:sburv and Blumbere: property?
Mr. Joshi will be present to make his case for a new agreement.
Issue 2: Does the Commission desire to allow Duncan Bowman to proceed with
annexation of 59.45 acres of property located adiacent to the Casscells property for
sine:le familv development?
It does not appear at this time that Mr. Joshi will be able to complete a Planning Charette
on the property in a reasonable amount of time. Therefore, it is unreasonable for the City
to delay annexation any further.
Issue 3: If the Commission ae:rees to a New Exclusive Nee:otiatine: Ae:reement with
Joshi. does the Commission desire to continue allowine: Mr. Joshi to utilize city
office space., telephones. and staff assistance while completine: due dilie:ence under
the new ae:reement?
This is still being reviewed with the Tax Assessor's office.
RECOMMENDATION:
Exclusive Nee:otiatine: Ae:reement: Staff is recommending that Joshi be provided a new
Exclusive Negotiating Agreement terminating December 1, 1999, to provide Joshi and
Associates with an opportunity to complete due diligence on the Blumberg and
Kingsbury properties only.
In-Kind Assistance: Staff is recommending that Mr. Joshi continue to be provided office
space, telephones, and staff assistance during the due diligence period if the Commission
decides to approve it.
Annexation of Duncan Bowman Property: It is recommended that the City allow the
annexation of the Bowman Property to proceed for development of a single-family
development.
A TT ACHMENTS:
A. Exclusive Negotiating Agreement with Joshi and Associates dated March 15, 1999.
B. Standstill Agreement with Schrimsher Properties.
C. Notification of termination letter from Schrimsher Properties to Mr. Joshi dated July
15, 1999.
D. Blumberg property Letter of Intent Extension.
E. Kingsbury property Letter of Intent Extension.
Page 3 of 4
F. Schrimsher letter of August 13, 1999.
G. August 16, 1999 Joshi and Associates letter of response to Schrimsher letter of
August 13, 1999.
H. June 14, 1999 Commission Agenda Item recommending delay of Duncan Bowman
Property annexation.
COMMISISON ACTION:
Page 4 of 4
ATTACHMENT A
..\
EXCLUSIVE NEGOTIATING AGREEMENT
This agreement dated March 15, 1999 is hereby entered into by and
between City of Winter Springs herein referred to as "CITY" AND Joshi and
Associates of Florida herein after referred to as "Developer" pursuant to the
terms and condition as set forth herein, hereby agree as follows:
RECITALS
WHEREAS, the CITY desires to effectuate the plan of a phased
development of the real properties located within the Project Area and
more specifically identified as approximately 898.7 acres. The exact
description of said properties is attached hereto and marked as Exhibit "A".
The proposed Development of the Neo Traditional Town Center for a High
Density Mixed Use Development, Green-way interchange and State Road
434 areas will include commercial, retail, offices, parks, single and multi
family residential, recreational, entertainment, dining, hospitality,
conference and convention facility components, or as otherwise be agreed
upon by CITY and DEVELOPER, and
WHEREAS, the CITY and DEVELOPER desire to enter into this
agreement in order to set forth the rights and duties of the parties during
the Exclusive Negotiating period.
NOW, THEREFORE, the parties agree as follows:
1. The CITY and DEVELOPER agree for a period of ninety days (90)
from the date of the agreement that the parties execute, the parties may
mutually agree to three (3) additional thirty (30) day extensions with the
understanding that the parties to this agreement shall negotiate in good
faith to prepare and execute a Development and Disposition Agreement
(DDA) or alternatively an Owner Participation Agreement (OPA) relating to
the development of a first quality, state of the art and technology advanced
Mixed Use Project on the above described real properties in conformation
with the design guidelines and district codes of the CITY.
March 15, 1999
Page 2
2. DEVELOPER 'wiIJprovl{.f:~ the CITY with at least the
following, prior to execution of a DDA:
a. Land Acquisition, Package that includes purchase of at least
fifty (50) % or more of tOf.'~!.land required for initial phase
of Development.
b. Letters of Intent from specialty retailers, hotels,
restaurants, commerciaiofficcs,and other users indicating
their participation in the initial phase of Development
c. Architectural drawings ~m~~ design layout depicting the
Proposed Master Plan of (.:he subject site and its' initial
phase. ,
d. Preliminary engineering, '::'Qrlstruction and development
schedule. .
e. Preliminary appro\:al from all applicable government
agencies,supportiil.g the P~"oposed Master Plan and its'
initial phase. '
f. The property valuation,:, ~lPIJraisal and other considerations
shall be negotiated during. f'lhe negotiating period.
g. Pro-forma of income and ~xpenses, predevelopment funding
budget and construction rost analysis.
h. Financial Commitment fu... &he purchase of properties, land
loans, construction and permanent loans.
3. The CITY shall negotiate ~xclusi\'ely with the
DEVELOPER and no other" party dQl'f.:ng the term of this Agreement.
4; Neither this agreement n:;::- nn)' interest herein may be
assigned or transferred volun~arily or I})' operation of law without the
written approval of the CITY.
f. . v.;.
March 15, 1999
Page 3
5. The CITY shall not be liable for any real estate commission or
any brokers fees which may arise from performance of this agreement by
the parties, or any other predevelopment costs generated by this
agreement.
6. DEVELOPER is required to make full disclosure to the CITY of
its principals, officers, stockholders, partners, joint ventures, employees
and other associates and all other pertinent information concerning the
DEVELOPER and it s associates.
7. A detailed description of DEVELOPER'S predevelopment
expenses and interim loans will be provided upon request.
8. In order to expedite an early completion of this project, the
CITY will offer non-monetary assistance by fast tracking permits and
provide assistance for infrastructure, design and land assemblage. The
CITY upon request by the DEVELOPER will evaluate the benefits of
placing the properties and the proposed project in the Redevelopment
Agency (RDA) or Economic Development Agency (EDA) sphere of
influence if applicable government laws permit. Such placement of the
project will enable the use of tax increment financing or other means of
assistance based on the needs of the project in order to help make the
project economically feasible.
9. If the negotiations culminate in a development agreement
signed by the DEVELOPER and the CITY, such an agreement will become
effective only after and if the agreement has been considered and
approved by the CITY after the public hearing and approval of the City
Council.
MARCH 16, 1999
PAGE 4
IN WITNESS WHEREOF, the parties have
executed this agreement as of the date first written above.
CITY OF WINTER SPRINGS
JOSJI & ASSOCIATES
BY: I.fZt:.fi/ f,/ /11,{L-r-
onald W. McLemore
City Manager
BY: ~~~
Rohit Joshi
Chairman
ORLANDO METROPOLITAN AREA
DEVELOPMENT PROJECTS
WINTER SPRINGS, FLORIDA U.S.A.
PHASE I:
Neo Traditional Town Center
Primary Property - High Intensity Mixed Use Development
. Schrimsher Properties
. Kingsbury Property
. Blumberg Property
. McDonald's Property
125 acres
17.4 acres
26 acres
1 acre
Secondary Property - Mixed Use - Adjacent to Town Center .
. Plant Property
. Parker Property
. Springs Land/Jessup Shores
167 acres
27.3 acres
26 acres
PHASE IT: Greenway Interchange Office/Commercial Park
. Casscells Property
. Winter Park Land Co.
250 acres
91 acres
PHASE ill: State Road 434 Multifamily Development
. Schrimsher Properties
168 acres
ATTACHMENT B
,~l I .
STANDSTILL AGREEMENT
THIS STANDSTILL AGREEMENT (the "Agreement") made and entered into this 10th
-
day of May , 1999 by and between THE CITY OF WINTER SPRINGS, a Florida municipal
corporation (hereinafter referred to as the "City") and SCHRIMSHER LAND FUND 1986-II, LTD.;
SCHRlMSHER LAND FUND III, LTD.; SCHRIMSHER LAND FUND V, LTD.; and
SCHRIMSHER LAND FUND VI, LTO., all Florida limited partnerships (hereinafter collectively
referred to as "Schrimsher").
RECITALS
A. On March 8, 1999, the City conducted the first reading of Ordinance No. 707 entitled
"Town Center District Design Regulations" (hereinafter referred to as the "Ordinance"). The
Ordinance affects certain real property owned by Schrimsher and Schrimsher is opposed to the
adoption of the Ordinance.
B. On May 5, 1999, Schrimsher entered into that certain Agreement of Sale and
Purchase between Schrimsher, as "Seller", and Rohit Joshi, d/b/a Joshi & Associates, as "Purchaser"
regarding the sale and purchase of approximately 436 acres of real property owned by Schrimsher
within the City of Winter Springs (the "Land Contract").
C. The parties have agreed that the Second Reading of the Ordinance will be deferred
as described herein.
AGREEMENT
NOW, THEREFORE, for and in consideration of the mutual premises, and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties
agree as follows:
1. Recitals. The foregoing recitals are hereby incorporated herein by reference.
2. Deferral of Second Reading. The City hereby agrees to defer the second reading of
the Ordinance until the earlier of (i) the first regularly scheduled City Commission meeting after
October 1, 1999, or (ii) the first regularly scheduled City Commission meeting after thirty (30) days
following receipt of written notification from Schrimsher that the Land Contract has been terminated
(the "Standstill Period"). In either event, prior to conducting the second hearing on the Ordinance,
the City agrees to conduct a City Commission workshop session (the "Workshop Session") to allow
Schrimsher an opportunity to explain why a "companion agreement" specifically addressing issues
raised by Schrimsher should be entered into simultaneously with the adoption of the Ordinance if
.,
it is adopted. The Workshop Session shall be conducted at least one (1) week prior to the City
Commission meeting at which the second reading of the Ordinance is to occur.
3. Application(s) for Development. During the Standstill Period Schrimsher agrees not
to apply for or cause to be applied for any application(s) for development approval with regard to
any property included in the Ordinance.
4. Notices. Any notices required or permitted under this Standstill Agreement shall be
in writing and shall be deemed delivered when hand delivered or mailed, postage prepaid, by
registered or certified mail, return receipt requested, or when deposited with a nationally recognized
overnight delivery service, e.g., Federal Express, Purolator, Express Mail, etc., or when sent by
facsimile transmission addressed to the respective parties at the respective addresses set forth below:
To Schrimsher:
With copy to:
To City:
Schrimsher Land Fund 1986-II, Ltd.
Schrimsher Land Fund III, Ltd.
Schrimsher Land Fund V, Ltd.
Schrimsher Land Fund VI, Ltd.
c/o Schrimsher, Inc.
Attn: Michael A. Schrimsher, Vice President
600 East Colonial Drive, Suite 100
Orlando, Florida 32803
Telephone: 407/423-7600
Fax: 407/648-9230
Michael J. Grindstaff, Esquire
Shutts & Bowen LLP
20 N. Orange Ave., Ste. 1000
Orlando, Florida 32801
Telephone: 407/423-3200
Fax: 407/425-8316
City Manager
City of Winter Springs
1126 East State Road 434
Winter Springs, Florida 32708
Telephone: 407/327-1800
Fax: 407/327-4753
-2-
','
Copy to:
Robert D. Guthi-ie, Esquire
Frank Kruppenbacher, P.A.
105 E. Robinson Street, Suite 201
Orlando, Florida 32801
Telephone: 407/246-0200
Fax: 407/426-7776
5. Severability. If any provision or portion of this Standstill Agreement is declared by
any court of competent jurisdiction to be void, unconstitutional or unenforceable, then this entire
Standstill Agreement shall be deemed to be null and void.
6. Amendments. Any modification, amendment or change to this Standstill Agreement
will be effective only if in writing signed by both parties.
7. Attorneys' Fees. In the event oflitigation in connection with either party's breach
of this Standstill Agreement, the prevailing party shall be entitled to reimbursement from the other
for all costs and expenses incurred in connection therewith.
[THIS SPACE IS INTENTIONAL]
-3-
... .......
I.. ' . t-
. .'
IN WITNESS WHEREOF, the parties hereto have executed this Standstill Agreement as of
the date first above written.
WITNESSES:
. Lovl,JGFOS
\?~
Print-if~~~~\=
ORL95 114844,1 - CEJ
CITY:
By:
SCHRIMSHER:
SCHRIMSHER Li\ND FUND 1986-11,
LTD., a Florida limited partnership
SCHRIMSHER LAND FUND III, LTD.
a Florida limited partnership
SCHRIMSHER LAND FUND V, LTD., a
Florida limited partnership
SCHRIMSHER LAND FUND VI, LTD.,
a Florida limited partnership
By: Schrimsher Inc., a Florida corporation,
as General Partner
By: ~A~
Michael A. Schrimsher, Vice President
-4-
ATTACHMENT C
(>
SHUTTS & BOWEN LLP
ATTORNEYS AND COUNSELLORS AT LAW
IA PARTNEIISHIP INCLUDING PROFESSIONAL ASSOCIATIONSI
RECEIVED
J U L 2 9 1999
20 NOHTH ORANGE AVENUE
SUITE 1000
ORLANDO, FLOHIDA 32801
TELEPHONE 1407142:1-3200
FACSIMILE (4071 425 -8:116
CITY OF WINTER SPRINGS
eommunity oevelOpmeI1!
July 15, 1999
Rohit Joshi
Joshi & Associates
9300 Wilshire Boulevard - #470
Beverly Hills, CA 90212
VIA: FEDERAL EXPRESS
and
Rohit Joshi
Joshi & Associates
1126 East State Road 434
Winter Springs, FL 32708
VIA: FEDERAL EXPRESS
NOTICE OF TERMINATION
RE: AGREEMENT OF SALE AND PURCHASE dated May 5,1999 by and between
SCHRIMSHER LAND FUND 1986-11, LTD., SCHRIMSHER LAND FUND III,
LTD., SCHRIMSHER LAND FUND V, LTD., SCHRIMSHER LAND FUND
VI, LTD., (collectively the "Seller") and ROHIT JOSHI, doing business as
JOSHI & ASSOCIATES, ("Purchaser") (collectively the "AGREEMENT").,
Dear Mr. Joshi:
The purpose of this letter is to formally notify you that the Seller has elected to terminate the
Agreement as a result of the Purchaser's default under the Agreement by failing to deliver to the
Escrow Agent the Second Earnest Money Deposit in the amount of $950,000.00 on or before July
1, 1999.
Sincerely,
SHUTTS & BOWEN LLP
Michael 1. Grindstaff
A~-~STEIIDAM
FORT LAUDERDALE
LONDON
MIAMI
OHLANDO
TALLAHASSEE
WEST PALM 8EACH
..
....,.
Rohit Joshi
July 15, 1999
Page 2
cc: Michael L. Matkins, Esq. (VIA: FEOERAL EXPRESS)
Michael A. Schrimsher (Via Facsimile: 407/648-9230)
ORL95 121279.1 - LKF
ATTACHMENT 0
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Telephone (207) 374--5243
LewiB and Juanita Blumberg
Post Office Box 304
Blue Hil~ Maine 04614
Fax (207) 374-~8S5
August 17, \ 999
Joshi & Ase.oci1l.tes
1126 E. SR 434
Winter Springs, Florida 32108
Dear Mr. Joshi:
This will oonflml the Letter ofIntent executed on March 29, 1999 by and between Joshi &
A3sociates and Lewis and Juanita Blumberg shall be extended to October 1, 1999, at which time
the final purchase contract shall be executed.
Date 'O//?/qc;
ate ~//~/9r
Date ~ I \'~-I "\ ~
Lewis Blumberg
ATTACHMENT E
@
Joshi & Associates
August 12, 1999
Rohit Joshi
Joshi & Associates of Florida
1126 East State Road 434
Winter Springs, FL 32708
Dear Mr. Joshi:
This letter is to confirm the Letter of Intent dated March 29, 1999 is in full force and
effect for purchase of property by Joshi and Associates.
Sincerely,
,,_.,/
.:.~.~
Laverne
a~ ?~~~
/' June Kingsbu '
1126 East State Road 434
Winter Springs, Florida 32708
Tel. (407) 327-5985
Fax (407) 327-4753
ATTACHMENT F
,
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.....,....... U".L '"I.,:jnc.l''';;;'
407 648 9230 P.01/03
. SCHRIMSHER PROPERTIES
P~IO)
AUG 1 3 1999
VIA - FACSIMILE 246-0482
August 13, 1999
CITY OF. .WINTER SPRINGS
. , City Manager
Mayor Paul P. Partyka
City of Winter Springs
1126 East State Road 343
Winter Springs, FL 32708
RE: Status Report on the Town Center Development from Rohit Joshi received by the
Commi~ion on August 9, 1999 (Informational Agenda Item A.)
Dear Paul:
Per the City Manager's request, the purpose of the above agenda item was "to give the
Commission an update on Joshi and Associates progress with development of the Town
Center." Considerations stated were that "recent newspaper articles have suggested that Joshi
and Associates are having substantial difficulties with development of the Town Center. Mr.
Joshi desires to address these issues with the Commission. tI
The Exclusive Negotiating Agreement (ENA) between Mr. Joshi and the City was executed
on March 16, 1999, according to the City's press release and the date on its signature page.
Five months have passed and Mr. Joshi's report reveals what the City has to show for it. The
90-day period of the agreement expired on June 14th and i! the City has granted all three 30-
day extensions, they will expire in four weeks on September 12, 1999. Mr. Joshi incorrectly
stated that the initial period ran from April to July 1, 1999, and that the extensions run from
August to October 31, 1999, skipping the month of July completely and extending the
= ~xpiration date by 49 days.
According to the press release, Mr. Joshi was "to conduct feasibility studies for the
development of a 900 acre planned community" and this project was to "include the Winter
Springs Town Center and other properties located along State Road 434 between Central
Winds Park and State Road 417, the Greeneway." Has this been done? The ENA included
an Exhibit "AU which identified the particular properties, totaliq.g 898.7 acres. Phase I includes
169.4 acres of primary property that would become the "Neo'Traditional Town Center - High
Intensity Mixed Use Development" and 220.3 acres of secondary property for "Mixed Use -
Adjacent to Town Center" for a total of 389.7 acres.
. 600 f":..o..s r COLONIAL Oo,lvE u 5UtTE'00 ('l af~L^NOCl. FLQAlOA 32803 ..., F:.:\.....~ {aQ7\ GC.::;.9230 0 or-Flee I.lJ07\ '::23--7800
~ ~'.'~"~': .; l~t"" ~.:~ .; ~.: .' .:* " :.. <!
_c.:..J' '-J_'-J -Ic......JU 1- . uc:,/ U.J
Mayor Paul Partyka
August 13, 1999
Page 2
According to the ENA, Mr. Joshi "will provide the City with at least the following, prior to
execution of a DDA (Development and Disposition Agreement)" on the initial phase:
a) Land Acquisition Package - purchase of at least flfty percent (50%) or more of total
land (50% of 389.7 acres = 194.85 acres)
b) Letters of intent from specialty retailers, hotels, restaurants, commercial offices and
other users
c) Architectural drawings and design layout depicting the proposed Master Plan
d) Preliminary engineering, construction and development schedule
e) Preliminary approval from all applicable government agencies supporting the proposed
Master Plan
f) Property valuation, appraisal, etc.
g) Pro-forma of income and expenses, pre-development funding budget and construction
cost analysis .
h) Financial commitment for purchase of properties, land loans, construction and
permanent loans
If Mr. Joshi has provided the City with any or all of the above, please make these materials
available to those of us whom it may concern.
Has Joshi and Associates made "'full disclosure to the City of its principals, officers,
stockholders, partners, joint ventures, employees and other associates and all other pertinent
information" as required by the ENA?
Has the City requested that Mr. Joshi provide a detailed description of his pre-development
expenses and interim loans as provided in the ENA? Has he provided these?
RE: Land Acquisition Analysis
--:Mr. Joshi stated that "he could buy land near Disney for $40,000 per acre" and that we were
asking too much for our property. However, his own hand-out materials show that:
1) He is paying the Blumbergs only 5~ per square foot less than our price and he is paying
the IGngsburys $1.55 per square foot more.
2) The blended rate for all the properties was only 9~ per square foot more than our price.
3) The blended rate of Kingsbury and Blumberg is 53q. per square foot higher than our
price. "
Obviously, his remarks are absurd. $3.23 per square foot equals $140,841 per acre. Why would
he pay 3 V2 times as much for land in Winter Springs as he would for land near Disney if the
land were truly comparable? Our property and the Kingsbury and Blumberg properties are
aU zoned commercial.
4~'t 648 9230 P. 03/03
Mayor Paul Partyka
August 13, 1999
Page 3
RE: Land Sales Analysis
· What kind of "shopping center" does Mr. Joshi propose to build?
· $3.31 per square foot is a low price for a shopping center site. Mr. Kingsbury was under
contract for $4.25 per square foot before which is why Mr. Joshi has agreed to pay him
that price.
· 250 apartment units on 15 acres is only 16.67 units per acre which is not high density.
$6,000 per unit is a low price for apartments, which results in a low price for the land.
· Using 55 acres for an International School Dormitory is a waste of valuable commercial
land, resulting in a very low price.
· We have no way of evaluating the 12 acre figure for infrastructure because no
information is provided.
· Was Mr. Joshi unaware that a 900 acre project or even a 200,~ 400 acre project might
require a DR! or take a Couple of years to complete? We acquired this property
between 1985 and 1988 so it is difficult to be sympathetic with his cost of holding the
land (interest carry) for two years.
· Mr. Joshi's proposal to use the 41 acre Kingsbury I Blumberg parcels for a shopping
center (9 acres), apartments (15 acres), ALe (6 acres) and offices (10 acres) leaves no
room for the Hickory Grove Park or anything else contemplated in the Town Center
ordinance. 41 acres is less than 5% of 900 acres.
· Mr. Joshi notes that his analysis does not include the Neo.Traditional Town Center.
How interesting! Why is that?
Despite all the talk and preferential treatment, there seems to be no real evidence of progress
and Mr. Joshi is indeed having substantial difficulties with development of the Town Center.
Sincerely,
- SCHRIMSHER PROPERTIES
~A:~
Michael A. Schrimsher
MAS/wlp
cc: Deputy Mayor Cindy Gennell (via - facsimile ,- 699-9430)
Commissioner Michael S. Blake (via - facsimile - 366-4177)
Commissioner Edward Martinez, Jr. (via - facsimile - 977-7606)
Commissioner David W. McLeod (via - facsimile - 679-5655)
Commissioner Robert S. Miller (via - facsimile - 327-4753)
HHRL P,C3
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ATTACHMENT G
~! r.. II!
@
Joshi & Associates
MEMORANDUM
Date:
Ronald W. Mclemore, City Manager
Rohit Joshi, Joshi & Associates (lJ
August 16, 1999
To:
From:
Ref:
Response to Mr. Schrimsher's letter to Mayor Partyka dated
August 13, 1999.
1. ENA
Since the execution of the ENA I have initiated predevelopment' analysis
starting April 1, through July 1, 1999. This schedule relates to land
. assemblage contracts. I was negotiating purchase contracts with the
property owners during the month of July so that the following three (3)
months will be actively used for specific engineering and architectural
planning.
a) I have provided the city with all the land acquisition critical mass
required per ENA during the first ninety days.
b) I have provided the city with Letter of Intent, Interest and Contracts
for various Users and Developers.
c) I have submitted an architectural rendering and design layout of the
gOO-acre Master Plan.
d) I have submitted a "Bar Chart-Time-Line" Schedule of the Town
Center Project.
e) The City Commission, City Manager and I have conducted several
meetings with County officials and in-house city staff for
govemmental approvals during the ninety- (90) day period.
f) No appraisals have been ordered. I have relied on previously
conducted appraisals.
g) I have submitted to the city pro forma of cost/ income and budgets.
h) I have submitted to the city Letter of Intent from financial institution.
i) Joshi & Associates is dba Rohit Joshi.
1126 East State Road 434
Winter Springs, Florida 32708
Tel. (407) 327-5985
Fax (407) 327-4753
Page 1 of 2
irl'~, . .
2. Land Sales Analvsis and Desi~n
a) Kingsbury jBlumbergSite: Th~ reason this assemblage works
economically is because most commercial frontage can carry the high
cost burden. This is only a 40-acre small site.
b) Schrimsher Site: The reason this site economically will not work is
because no development plan can afford:!: 200 acres at all commercial
value of $120,000 per acre. The site is not capable of absorbing all
commercial use. However, the frontage can easily afford the asking
price but not the entire site.
c) I am not building the shopping center. The preferred developer will
build per acceptable codes.
d) Shopping center developer has agreed to pay such prices because 1)
tenants can only afford such rents on NEC, 2) interest carry to hold
the property until it is developed at NWC, and 3) higher than.,normal
construction costs, rent and fee abatement, and financial incentives
to tenants for initial phase of their leases.
e) A reputable apartment builder suggests the type of development from
his demographic analysis.
f) Fifty-five acres of International School may be inadequate for revenue
stream but it may be a good use for the area Town Center and
proximity to school.
g) I am fully aware of OR! process, however, until a development team's
report and negotiations with the County are conducted, I cannot
determine the time line .
h) Analysis of users and Revenue of NEC is preliminary and will be well
defined during next few months.
i) Neo Traditional Town Center facing Tuscawilla Road will be developed
by me as a developer not a Master Planner so that the project is
guaranteed immediate construction.
fn conclusion, I can only verify that I have completed the first ninety- (90) days
of ENA initial inspection period and have started focusing on detailed
development plans. It is fairly evident that Kingsbury jBlumberg properties can
open doors to Town Center Project and as I proceed to market the development,
Schrimsher properties will also demonstrate its viability provided the pricing
and schedule timing can be accommodated.
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Page 2 of 2
ATTACHMENT H
COMMISSION AGENDA
ITEM B
Consent
Informational
Pu blie Hearing
Regular X
June 14, 1999
Meeting
Mgr. /
Authorizatio
REQUEST: The City Manager requests the City Commission consider an annexation
application submitted by Duncan Bowman for the Elizabeth Morse Genius
Foundation property for 59.45 acres. .
PURPOSE:
The purpose of this Board item is to request the Commission consider accepting an application
for annexation of 59.45 acres of land near the beltway (S.R. 417).
APPLICABLE LAW AND PUBLIC POLICY:
The provisions of 171.044(1) Florida Statutes which states "The owner or owners of real
property in an unincorporated area of a county which is contiguous to a municipality and
reasonably compact may petition the governing body of a said municipality that said
property be annexed to the municipality".
The Legislature recognizes that enclaves can create significant problems in planning,
growth management, and service delivery, and therefore declares that it is the policy of
the State to eliminate enclaves (ref. 171.046(1) F.S. ).
The City has expressed an interest in annexation in the past (ref. 8-14-95 City
Commission Meeting).
COD/June 7,1999/5:33 PM
JUNE 14, 1999
REGULAR ITEM B
Page 2
CONSIDERATIONS:
· The City Manager decided to delay annexation of the Genius Foundation property into the
City due to factors that were not apparent when the annexation was initiated as follows;
1) Subsequent to the initiation of the annexation it was decided that the Genius property
would be included in the expanded Town Center Project and related Master Planning
Process.
2) Subsequent to the initiation of the annexation it was decided that the Master
Developer for the Town Center would pursue development of the proposed Seminole
County Convention Center on property near the Casscells property.
3) In view of the above, the City Manager decided that the proposed single family
development on the Genius Property could conflict with uses that would be designated
in the master planning process, as a result, he concluded that the annexation should be
delayed until the planning process is complete.
· The Seminole County Future Land Use Map designation "Suburban Estates" (1 DU per
acre max.) limits development to single family residential.
ATTACHMENTS:
A Annexation Application
B. Map of the Area Requested to be Annexed
C. Duncan Bowman Letter of June 4,1999
COMMISSION ACTION:
CDD/June 7. 1999/5:33 PM
ATTACHMENT A
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CITY OF WINTER SPRINGS, FLORID'e.c.
f
1126 EAST STATE ROAD 434
WINTER SPRINGS. FLORIDA 32708
Telephone (407) 327-1800
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APPUCATIONFORANNEXATION
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APPLICANT: Harling Locklin & Associates, Inc.
Last First
Middle
ADDRESS: 850 Courtland Street
Orlando
City
PHONE: (407) 629 -1 061
FL
State
32804
zip Code
This is a request for annexation into the City of Winter Springs
) of the property described below:
Address of Property proposed for annexation in the City:
LOCATION:
ADDRESS: South of Lake Jessup:. West of Central FL Greenway (SR 41.7)
F.n~t c:f Spring AvpnllP nnn Nnrth nf
Clty State
31-20-31-5BB-OOOO-0150
Tax Parcel Number: 31-20-31-5BB-OOOO-001A
r.pntrnl Avp
, . Zip Code
31-20-31-5BB-OOOO-002D
31-20-31-5BB-OOOO-003A
'.
size of Parcel: 59.45 acres
sq. ft.jacres.
'.County Future Land Use Classification current: Suburban Estates
County Zoning Category current: A~10/ p~oposed: PUD
Intent of request for annexation into the city of Winter Springs:
To conform to maximum density standards and to provide
city services to the proposed multi-use development
TO BE SUPPLIED AT THE TIME OF SUBMISSION OF APPLICATION:
* A copy of the most recent survey of the subj ect property.
* A copy of the legal description.
,* Notorized authorization of the owner (if applicant is
other than owner or attorney for owner) [See below].
* 11 X 17 map showing zoning and land use classifications
on adjacent property.
* Annexation Application Fee, which includes:
* Property with legal, description up to 50 words
in length: $ 350
*
Each additional
portion thereof:
increm~nt , of
$ 25
50 words
or
* NOTE: Property being annexed at invitation
of the City is exempt from above fees.
.................................................................
FOR USE WHEN APPLICANT IS THE OWNER OF SUBJECT PROPERTY
This is to certify that I am the owner in fee simple of subject
lands described above in the Application for Annexation.
SIGNATURE OF OWNER
Sworn to and subscribed before me
this day of
19
NOTARY PUBLIC
My Commission expires:
_ Personally Known
~Produced Identification/type of I~D.
..~....................*..........................*....*.........
FOR
NOT THE OWNER OF SUBJECT PROPERTY
My
e:-''Pires:
,,,,, '.,
..... ~ (-r Roge.- Mr.t
*~~ * MYCommiss:cv,CC5J6146
~"''''iY",-/'t ,,,,""<: Expires Aonl 07. 2001
i .."
r10't take an oa t.h
~personally Known
____Produced Identification/type of 1.0.
Did take an oath ~Did
g~W?U7 ;#0;;/ fi.W/-0555
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LETTER OF AUTHORIZATION
January 29, 1999
Parcel 1.0. # 31-20-31-5BB-0000-0150
31-20-31-5BB-0000-001A
31-20-31-5BB-0000-002D
31-20-31-5BB-0000-003A
) Part of Section 31, Township 20 South, Range 31 East,
Seminole County, Florida
To Whom It May Concern:
As the authorized Representative of the 75=1: acre property referenced above, and further
described by the attached legal description, I authorize Harling Locklin & Associates Inc. to act
on our behalf to apply for Land Use, Zoning, Development, and Construction approvals and
permits for the subject property. It must be understood that any change in the Land Use and
Zoning shall not, without our written consent, become effective until such time as we transfer
title to the subject property.
ELIZABETH MORSE GENIUS FOUNDATION
Bd~ ~.hrk~
Victor E. Woodman, Vice President --
FROM
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MORSE & GENIUS FOUNDATION
PHONE NO.
407 644 9504
Oct. 30 1998 11:34AM P3
Elizabeth Marse: Genius Foundation
Lake Jessup Grove
Seminole County. Florida
Summary Appraisal Report
LEGAL DESCRIPTION
Lots 1,2,3,4,5, and 6, Section 32, Township 20 South, Range 31 East, ALSO Lots 1,2,3,7,
and 8 or Section 5, Township 21 South, Range 31 East. (Less beginning 20 feet E of and 274.1
feet S of the NW comer of Lot 3, Section 5, run E 366.6 fecl N 060 05' E 507.3 feet, N 000 12' E
321.7 feet, S 870 32' W 193 feet, N 04030' W 269.1 feet, S 890 04' E 652.1 feet, S 89056' E
420 feet, N 241.9 feet to shore of Lake Jessup, W'ly along shore 1,286 feet to the E linc of
Spring Avenue; S 1,173 feet to beginning), being 91 acres, more or less. All above real property
being a part of the Phillip R. Young Grant according to the plat thereof as recorded in Plat Book
1, Pagc 35, Public Rccords of Seminole County, Florida.
ALSQ
A right of ingress and egress over that 10-foot strip of land adjoining and running along the N'ly
side of a line commencing 20 feet E and 274.1 feet S of the NW comer of Lot 3 of Sectioo 5,
Township 21 South, Range 31 East, run E 366.6 feet and a right of ingress and egress over that
10-foot strip ofland adjoining and running along the W'ly side of line commencing 366.6 feet E
of a point 20 feet E and 274.1 feet S of the NW comer of Lot 3, Section 5, Township 21 South,
Range 31 E, run N 060 OS' E 507.3 feet. thence N 000 12' E 321.7 feet, said Lot 3 appears in the
plat of Phillip R. Young Grant as recorded in Plat Book I, Page 35 of the Public Records of
Seminole County, Florida.
Less the E 25 feet of Lots 2 and 8 of said Section 5; less W 25 fcct of Lots I, 3, and 7 of said
Section 5 and less W 25 feet of Lot 2 and E 25 feet of Lot 3 of said Section 32.
LESS
A part of Lot 1, Section 5, Township 21 South, Range 31 East, and Lots 1. 2,. and 3, Section 32,
Township 20 South, Range 31 East ofthe Phillip R. Young Grant, according to the plat thereof
as recorded in Plat Book 1, Page 35 of the Public Records of Seminole County, Florida, being
more particularly described as follows:
Conunence at the NE COrner of said Section 5; thence run S 88049' 39" W along the N line of
said Section 5, a distance 0089.88 feet to the NE corner of said Lot 1, Section 5 of the Phillip R.
Young Grant for a point of beginning; thence run S 040 42' 40" W along the Eline 0 f said Lot I,
Section 5, a distance of 665.23 feet to the SE corner of said Lot 1, Section 5; thence run S 880
49' 39" W along the S line of said Lot I, Section 5, a distance of 204.39 feet; thence departing
said S line run N 250 45' 00" W, a distance of 1,386.79 feet to a point on the E line of the W
25.00 feet of said Lot 2, Section 32; thence run N 010 17' 12" W along said E line a distance of
408.90 feet to a point on the N line of said Lot 2, Section 32; thence departing said E line run S
83047' 20" E along said N line a distance of 949.00 feel to the NE comer of said Lot I, Section
32; thence run S 04Q 42' 40" W along the E line of said Lot 1, Section 32. a distance of 891.00
93032CSUREPORT .DOC
21
01998 PINEL & CARPENTER. INC.
FROM MORSE & GENIUS FOUNDATION
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PHONE NO.
Dc t. 30 1 '3'38 11: 35AM P~l
407 644 '3504
Elizabeth Morse Genilu Foundation
L(lke J?SSIIP Grove
Seminole County. Florid(l
Summary Appraisal Report
feet to the point of beginning.
AND AL~O LESS
Commence at the NE comer of said Section 5 also being the SE comer of said Section 32; thence
run S 88049' 39" W along the N line of said Section 5, also being the S line of said Section 32, a
distance of 1,088.05 feet to a point on the W line of the E 25.00 feet of said Lot 3, Section 32;
thence departing the S line of said Section 5 and the S line of said Section 32, run N 010 1 T 12"
W along said W line, a distance of 709.22 fect for a point Q~!Jeginning; thence departing said W
line run N 250 45' 00" W a distance of 103.97 feet; thence run S 880 46' 48" W a distance of
69.93 feet to a point on the E line of amended plat of first addition to Mineral Springs, according
to the plat thereof, as recorded in Plat Book 8, Pages 46 and 47 of the Public Records of
Seminole County, Florida; thence run N 01009' 12" W along said E line a distance of 225.66
fcct to a point on the N line of said Lot 3, Section 32; thence departing said E line run S 830 47"
20" E along said N line, a distance of 113.43 feet to a point on the aforesaid W line of the E
25.00 feet of said Lot 3, Section 32; thence departing said N line run SOlO 17' 12" E along said
W line a distance of305.58 feet to the point ofbegirrning.
Containing 24.179 acres, more or lc.ss.
ALSO LESS
A part of the W 25.00 feet of Lot 2 and the E 25.00 feet of Lot 3, Section 32, Township 20
South. Range 31 East of the Phillip R. Young Grant, according to the plat thereof, as recorded in
Plat Book 1, Page 35 of the Public Records of Seminole County, Florida, being more particularly
described as follows:
Commence at the SW corner of said Section 32; thence run S 880 49' 39" W along the S line of
said Section 32, a distance of i,038.05 feet to a point on the E line of the W 25.00 feet of said
Lot 2; thence departing said S line: nm N 010 17' 12" W along sai.d E line a distance of 599.42
feet for a point of beginning; thence departing said E line run N 250 45' 00" W a distance of
120.74 feet to a point on the W line of the E 25.00 feet of said Lot 3; thence run N 010 IT 12" W
along said W line a distance o( 305.58 feet to a point on the N line of said Lot 3; thence departing
said W line run S 830 47' 20" E along the N line of said Lot 2 and 3 a distance of 50.43 feet to a
point on the E line of the W 25.00 feet of said Lot 2; thence departing said N line run S 010 17'
12" E along said E line a distance of 408.90 feet to the point of beginning.
Containing 17,862 sqilllrc feet, more or less.
9S032CSUREPORT .DOC
22
.<1:>1998 PINEL &. CARPENTER, INC,
ATTACHMENT B
ATIACHMENT C
LAKE JESSUP
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TO OVIWo
Ronald W. McLemore
City Manager
1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA 32708-2799
Telephone (407) 327-1800
~1.
CITY OF WINTER SPRINGS, FLORIDA
June 4, 1999
Duncan O. Bowman
President
Bowman & Associates, Inc.
2467 South Third Street
Jacksonville Beach, FL 32250
Dear Duncan,
This letter.is to confirm our conversations relating to your letter of May 13, 1999.
As we have discussed, the Commission will hear your appeal of my decision to
delay your annexation at the June 14, 1999 meeting.
I would like to reiterate that my action is in no way a negative reflection upon you
or your agency. My decision is based upon a sincere question I have relative to
what is in the best interest of the taxpayers of the City of Winter Springs. My
conviction is that the expanded Town Center planning process should be
completed prior to committing the property to single family development in light of
the possible need of the property for commercial and or office professional use,
If you have any additional questions prior to the June 14, 1999 meeting please
contact me at your convenience.
Ronald W. McLemore
City Manager
/dg
cc: Mayor / Commission
COMMISSION AGENDA
ITEM C
Consent
Informational X
Public Hearing
Regular
August 23, 1999
Meeting
Mgr. / Dept.
AuthorizatioQ _
THIS AGENDA ITEM WILL BE
AVAILABLE FOR YOUR REVIEW
PRIOR TO AUGUST 23, 1999.
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