HomeMy WebLinkAbout1999 12 13 Public Hearings Item C
COMMISSION AGENDA
ITEM C
Consent
Informational
Pu bUe Hearing X
Regular
December 13. 1999
Meeting
Mh ~t.
Authorization
REQUEST:
The Community Development Department requests the Commission consider a third
reading of Ordinance 707 adopting the proposed Town Center District boundary and
Town Center District Code.
PURPOSE:
The purpose of this agenda item is to request the Commission consider a third reading
Of Ordinance 707 adopting the proposed Town Center District boundary and Town
Center District Code. The Code will function as the zoning regulation for the new
zoning district.
APPLICABLE LAW AND PUBLIC POLICY:
The provisions of 163.3167(1I)F.S. which 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."
CDDlDecember 2, 1999/8:09 AM
DECEMBER 13, 1999
PUBLIC HEARING AGENDA ITEM C
Page 2
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 of a S.R. 434 Corridor Vision
Plan that would include a "Town Center".
CONSIDERATIONS:
. The City Commission at its June 9, 1997 meeting adopted Ordinance 661 creating a "Town
Center" Overlay Zoning District. (Ordinance 707 would replace Ordinance 661).
. The City Commission at its September 8, 1997 meeting adopted Ordinance 676 instituting
the Town Center Overlay Zoning District regulations (Design Guidelines). The Schrimsher
land holdings were excluded pending the execution of a development agreement.
(Ordinance 707 would replace Ordinance 676).
. On January 12, 1998 the City Commission voted to authorize the City Manager to enter into
a contract with Dover, Kohl & Partners to prepare a Town Center Concept and a design code
to implement the plan.
. Letters were sent to the various property owners within the proposed Town Center District
boundary inviting them to attend the various workshops and presentations to the
Commission. Notices were sent to the Orlando Sentinel notifying the public about the
various workshops and presentations to the Commission.
. Various public workshops and presentations with the City Commission were held in
February and March, 1998. On February 11th, Dover, Kohl and Partners conducted a "Kick
Off' presentation at City Hall, followed by two workshops "Preliminary Concepts" on
February 17ili and "Work in Progress" on February 20ili. On March 23rd, Dover, Kohl &
Partners presented the final concept plan for the Town Center to the Commission. The
Commission approved the concept plan and directed the consultants to proceed with Step II
of the contract, which was to prepare a "prescriptive graphic code". The major property
owners and many residents were in attendance at these functions.
. City Staff has reviewed several drafts of the prescriptive graphic code known as the "Town
Center District Code" and has recommended certain changes.
CDD/December 2, 1999/8:09 AM
DECEMBER 13, 1999
PUBLIC HEARING AGENDA ITEM C
Page 3
. In October, Dover, Kohl & Partners presented their final draft of the Town Center District
Code to City Staff, incorporating City Staff's requested changes.
. At its November 4, 1998 meeting, the Planning and Zoning Board recommended the City
Commission approve the Town Center District Code with the suggestion that "permitted
uses' be defined and the Commission give consideration to the property owners request for
additional time.
. The City Commission at it's November 9, 1998 meeting, tabled consideration of the first
reading of Ordinance 707 to consider adopting the proposed Town Center District boundary
and Town Center District Code until the December 14, 1998 meeting. The Commission
again tabled consideration of the first reading of Ordinance 707, December 14, 1998,
January 11, 1999, January 25, 1999, February 8,1999 and on February 22, 1999 to allow the
consultant and staff to meet with property owners to discuss proposed changes. Workshops
to discuss the suggested changes were held January 13, 1999, February 11, 1999 and
March 1, 1999.
. A first reading of Ordinance 707 was approved on March 8, 1999. The second reading was
deferred on August 23, 1999 until September 13, 1999. On September 13, 1999 a second
reading was again deferred until October 11, 1999.
. The second reading was approved on October 11, 1999 and a third reading is scheduled for
October 25, 1999. The October 25, 1999 third reading was deferred until November 8, 1999.
The November 8, 1999 third reading was deferred until December 13, 1999.
. On November 8, 1998, the Commission authorized the City Manager to enter into a contract
with Dover, Kohl & Partners to update the Town Center.
. The proposed Town Center requires a large scale comprehensive plan amendment change to
the Future Land Use Map redesignating certain areas "Town Center". The large scale
comprehensive plan amendment is in progress.
FUNDING:
The City is paying for various consultant services related to the development and
implementation of a Town Center Concept Plan from the Community Development Department
budget.
CDDlDecember 2, 199918:09 AM
DECEMBER 13,1999
PUBLIC HEARING AGENDA ITEM C
Page 4
LOCAL PLANNING AGENCY RECOMMENDATION:
At it's December 2, 1998 meeting, the Planning & Zoning Board adopted the following motion:
I (Bill Fernandez) make a motion that we recommend approval of these Town Center District
Design Codes to the City Commission, based on the findings that our local government should
articulate a vision of the future physical appearance and quality in this community, that we have
received meaningful public participation at various meetings, that we do need to have an
identified Town Center. I will further indicate or add to that, that just as the Town Center
overlay zoning district regulations of September 8, 1997, Ordinance 676, was made inapplicable
to the Schrimsher property until such time as a development agreement was developed, that in
this particular case that I would recommend that the City Commission make this Town Center
District Code inapplicable to the Schrimsher property as well as the gentleman's property in the
descriptions here, the Spring Land Investment, Ltd. and Jessup Shores, Ltd. EuroAmerican
Investors group represented by Sunbelt Investors Group, Mr. A.c. Leerdam, that it be
inapplicable until such time as a developer's agreement is negotiated with those parties, and or
the property is purchased by a master developer. I would note for the record, that since we are
acting in our capacity as the Local Planning Agency on a broad scale as opposed to one single
parcel, that we do not need to make the detailed findings of fact that are required when we are
dealing with a very small parcel of property. Although I have included in my motion general
findings of fact, including the presentation of all those who have come forward and spoken this
evening including Mr. Schrimsher and Mr. Leerdam as well as Mr. Michael Grindstaff, that's my
motion. Seconded by Roseanne Karr. Vote all aye.
STAFF RECOMMENDATION:
Staff recommends the Commission approve the third reading of Ordinance 707 establishing the
Town Center District Code and Town Center District Boundary.
ATTACHMENTS:
A. Page 2 of the Town Center District Code (revised October 15, 1999).
B. Ordinance 707
COMMISSION ACTION:
CDDlDecember 2, 199918:09 AM
Oct-15-99 02:08P Dover, I<ohl & Partnel-S
II. Administration
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TowN CENTER
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Interpretation of the standards in this code shall be the
responsibility of the City's Development Review
Committee (DRC). The "In Our Generation" Illustrative
Buildout Drawing on p.1 0 in this Code and on p.6 in the
adopted masterplan shall serve as guidance to the
Development Review Committee with regard to the
City's intent for land development in the town center.
The images contained in this code are meant to
demonstrate the character intended for the Town Center,
but are for illustrative purposes only. The accompanying
text and numbers are rules that govern pemitted
development.
B. Review Process
Applications are subject to review by the Development
Review Committee. The Committee shall have authority
within reason for approving all aspects of site planning
and exterior architecture, including aesthetic
appropriateness, environmental implications. trallic
impacts, and any other site-speci fie matters not
delineated herein.
)" Optional Preliminary Review: Applicants may. at their
option, submit designs in schematic or sketch forn1 to
the Development Review Committee for preliminary
approval, subjt:CI 10 funher review.
305 666 0360
P.02
I A. Town Center District Boundary Map I
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- - County Enclaves (not in city) i
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Applicants shall submit the following items to the Land
Development Division of the Department of Community
Development for review:
I. A current Site Survey, no more than I year old.
2. A current Tree Survey, no more than 1 year old.
3. A Site Plan, drawn to scale. which ~hall indicate:
a. Building locations and orientations. and
landscape areas;
b. Parking locations and number of spaces:
c. Paved surfaces, materials and location(s);
d. Site location diagram & legal description; and
e. Signage.
4. Building Elevations illustrating all sides of structures
facing public streets or spaces.
5, A parking analysis justif)ing the proposed parking
solution (such as Shared Parl:ing, by Barton Aschrnan
Associates, The Urban Land Institute).
6. Other reasonable supporting documents to indicate
intentions and/or any other items reasonably required by
the Development Review Committee. 0.,..,,,:, ,,,.
Town Center Dislrict Code Page 2
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ORDINANCE NO. 707
AN ORDINANCE OF TIffi CITY COMMISSION
OF TIffi CITY OF WlN1ER SPRJNGS, FLORIDA
ESTABLISHING TIffi "TOWN CENTER"
ZONING DISTRlCT CODE TO BECOME PART
OF CHAPTER 20 OF TIlE CODE OF
ORDINANCES OF TIlE CITY OF WlN1ER
SPRillGS; PROVIDING FOR SEVERABILITY
AND AN EFFECTIVE DAlE.
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WHEREAS, 163.3167(11), Florida Statutes, encourages local
governments to articulated a vision of the future physical appearance and
qualities of its community. . .";
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WHEREAS, the City, ill accordance with 163.3167(11) F.S. has
developed a collaborative planning process with meaningful public participation
in the development of the concept and design code for the Town Center Zoning
District;
WHEREAS, tl1e Planning and Zoning Board/Local Planning Agency has
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reviewed the concept and design code for the Town Center Zoning District and
has !"e:COI1111 11:':11 c!cc!to 111c City CornrnissiOll ,-lclOpliol1 of sallie:;
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NOW. THElliTOf(E. BE IT ORDAINED lJ1cH the City
Comm.ission of the City of Winter Springs, Florida, hereby <:lclopts tile Town
Center (Zoning) District Code and establishes tile Town Center District
boundaries which will to become part of Chapter 20 of the Code of Ordinances
of the City of Winter Springs. The Town Center District boundaries are as
illustrated on the map below:
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TOWN CE~JTER
I A. Town Center District Boundary Mapl
. -- District Boundary :
- - COUllty Enclaves (notin city) :
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SECTION I
REPEAL.
1l:lls docwnent repeals the Town Center Overlay Zoning District
Regulations of September 8, 1997 (Ordinance 676). Should any conflict arise
between the provisions of this Code and other local land development regulations
for the city of Winter Springs, the provisions of this Code shall apply.
SECTION II
SEVERABILITY.
If any provision or portion of this Ordinance is declared by any court of
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competent jurisdiction to be void, unconstitutional, or unenforceable, then all
remaining provisions and portions of this Ordinance shall remain in full force
and effect.
SECTION ill
EFFECTIVE DATE.
Ibis Ordinance shall immediately take effect upon adoption, with a
quorwn present and voting, by the City Commission of the City of
Winter Springs, Florida, this _ day of
,1999.
}
PAUL P. PARTYKA, MAYOR
ClTY OF WlNTER SPRINGS
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AITEST:
ANDREA LORENZO-LUACES
CITY CLERK
FIRST READlNG
POSTED
SECOND READlNG AND PUBLIC HEARlNG
Date: 12/13/1999
This was distributed at the 12/13/1999
Meeting, during Public Hearings "C"
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Prepared by:
Return to:
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DRAFT 12/13/1999
AGREEMENT
An Agreement made and entered into this _ day of _, 1999 by and among
Schrimsher Land Fund 1986 - II, LTD., Schrimsher Land Fund V, LTD, and Schrimsher
Land Fund VI, LTD, herein referred to as "Schrimsher" and the City of Winter Springs,
a municipal corporation existing under the laws of the State of Florida herein referred to
as "City". -
RECITALS
1. WHEREAS, Section 163.3167, Florida Statutes provides that each local
government is encouraged to articulate a vision of the future physical appearance and
qualities of its community as a component of the local comprehensive plan through a
collaborative planning process with meaningful public participation, and
2. WHEREAS, the City completed a comprehensive planning study, with extensive
public participation from local residents and local, county, and state officials, which
resulted in the adoption of the Winter Springs Town Center Plan, and
3 . WHEREAS, Schrimsher owns approximately 125 acres of land located within the
boundaries of the City of Winter Springs Town Center , and
4 . WHEREAS, Schrimsher and City desire to memorialize their understandings and
agreement regarding their respective interests, expectations, and intentions contained in
this Agreement regarding the Town Center.
NOW T.H.KKEFORE in consideration of the terms and condition set forth in this
Agreement, and other good and valuable consideration, the receipt of which is hereby
acknowledged 'by the parties, the City and Schrimsher agree to the following:
I . Incorporation of Recitals.
The foregoing recitals are true and correct and are hereby fully incorporated herein
by this reference as a material part of this Agreement.
Page 1 of 13
ll. Def"mitions.
Unless' the context clearly indicates otherwise, the following words and phrases
when used in this Agreement shall have the meaning ascribed below:
a) "City" shall mean the City of Winter Springs, a Florida municipal corporation.
b) "East Market Square Parcel" shall mean that portion of Schrimsher Property
more particularly described in the boundary map attached hereto as Exhibit "F" which is
hereby fully incorporated herein by this reference.
c) "Rustic Residential Property" shall mean the real property owned by
Schrimsher whiCh currently has a rustic residential future land use designation, as more
particularly described in attached Exhibit "B" which is hereby fully incorporated herein
by this reference.
d) "Schrimsher" shall mean Schrimsher Land Fund 1986 - II, L TD., Schrimsher
Land Fund V, L TD, and Schrimsher Land Fund VI,. L TD, collectively and individually.
e) "Schrimsher Property" shall mean the real property owned by Schrimsher and
located in the Town Center District, as more particularly described in Exhibit" A" which
is hereby fully incorporated herein by this reference.
f) "Spine Road" shall mean the proposed collector road traversing Schrimsher
Property and running from State Road 434 to Tuskawilla Road. Said road shall also run
adjacent to Wetland Park as a single-loaded road. Spine Road is more particularly
depicted in the sketch attached hereto as. Exhibit "G" which is hereby fully incorporated
herein by this reference.
g) "Town Center Plan" shall mean the sketch concept plan entitled "Winter
Springs. Town Center Master Plan", prepared by Dover, Kohl & Partners, dated
November, 1999, a copy of which is attached hereto as Exhibit "c" and hereby fully
incorporated herein by this reference.
h) "Town Center District" shall mean the town center area located in the City of
Winter Springs that is depicted in the attached Exhibit "E" which is hereby fully
incorporated herein by this reference.
i) "Town Center District Code" shall mean the town center zoning district code
adopted by the City Commission of Winter Springs on , as may be
amended from time to time, which is attached hereto as Exhibit "D" and hereby fully
incorporated herein by this reference..
Page 2 of 13
ID. Trail Realienment. A ponion of the Schrimsher Property is presently encumbered
by the former CSX railroad line now owned by the Board of Trustees of the Internal
Improvement Fund of the State of Florida and which is intended to be improved and
converted to a public nature and recreational trail ("Cross Seminole Trail"). To enhance
the location of the Cross Seminole Trail, for trail uses and to incorporate the Cross
Seminole Trail into the Town Center, as well as accommodate a more orderly development
of the Schrimsher Property, the City and Schrimsher agree as follows:
a) For purposes of realigning the Cross Seminole Trail in accordance with the
Town Center Plan, Schrimsher agrees to donate property located within the boundaries of
the Town Center to the State of Florida in accordance with rules and procedures of the
Florida Office of Greenways and Trails.
b) City agrees at its expense to design, pennit, consUUct and maintain that portion
of the Cross Seminole Trail located on the property which is donated by Schrimsher.
c) City and Schrimsher agree to cooperate with each other, Seminole County, the
Florida Department of Enviromnental Protection and all other necessary governmental
agencies and interest groups to effectuate the Cross Seminole Trail realigmnent on
Schrimsher Property.
IV. Public Lands.
a) Prior to the effective date of this Agreement, City and Schrimsher have
cooperated in the filing 'of a grant application to the State of Florida for purposes of
obtaining grant.funds to allow the State of Florida to purchase, from Schrimsher, Magnolia
Park and Wetland Park which are depicted on the Town Center Plan. City' and Schrimsher
shall continue to cooperate to obtain said grant funds and if grant funds are obtained,
Schrimsher and City agree that said funds shall be expended in a manner mutually
acceptable to both panies to benefit Schrimsher Property and the Town Center District
(e.g. Magnolia and Wetland Park and Cross Seminole Trail improvements). However,
in the event the application is denied or the grant funds are no longer available, Schrimsher
agrees, at such time_the City obtains all permits necessary to construct, install, and extend
the sewer and water facilities to the Schrimsher Property as required in this Article IV, to
convey to the City fee simple title to Magnolia Park and Wetland Park.
b) Unless otherwise agreed to in writing by the parties, . Schrimsher agrees. to
convey to the City all parks, open spaces, green spaces, rights of ways and easements, and
improvements to rights of ways and easements provided for in the Town Center District
Code and located on Schrimsher Property, as depicted and described in Exhibit "H".
Conveyances shall occur at such time, and as part of, a City approved Schrimsher
development, except Magnolia Park and Wetland Park which shall be conveyed pursuant
to paragraph (a) above.
Page 3 of 13
c) Schrimsher shall not make any claims for extraordinary excess development costs
for single-loaded roads traversing Schrimsher Property in accordance with this Agreement
and the Town Center District Plan.
d) In consideration of Schrimsher not making any claims for single loaded roads
and conveying to the City all park lands, open spaces and green spaces, rights of ways,
easements, and improvements to said rights of ways and easements described herein, the
City, at its expense, agrees to do the following:
(1) Within eighteen months from the effective date of this Agreement, extend (Le.,
"stub in") City water and sewer facilities to the boundaries of Schrimsher Property in
sufficient capacity to reasonably accommodate and guarantee the level of service capacity
required for the Town Center and Schrimsher Property. The City shall not be required to
extend either sewer or water facilities into the interior portion of the Schrimsher property
unless agreed upon in future written developer agreements or as provided herein for Spine
Road.
(2) Acquire a Master Stormwater Management Permit from the St. 10hn's Water
Management District for the Town Center and expedite to the fullest extent possible
stormwater permitting within the Town Center and Schrimsher Property. City agrees that
Schrimsher's engineers (who shall be qualified and experienced in stormwater engineering
and permitting) will be able to provide input into the design and permitting process for the
Master Stormwater Management Permit and that any and all applications and/or submittals
to the St. John's Water Management District that may affect Schrimsher Property will be
subject to reasonable and timely review and approval by Schrimsher's engineers.
Schrimsher's engineers shall complete said review pursuant to the City's reasonable time
schedule and shall not unreasonably withhold said approval.
3) Designate Spine Road a City collector road and process an amendment to
the City's Comprehensive Plan, Traffic Circulation Element, to so designate. City. agrees,
at its expense, to begin designing, engineering, and permitting Spine Road upon the
effective date of this Agreement and to commence construction of Spine Road within two
(2) years from said effective date. Schrimsher agrees that City shall have the right of entry
and ingress and egress to and from Schrimsher Property for purposes of designing,
engineering, permitting, and surveying Spine Road. However, if Schrimsher desires to
construct Spine Road (including pavement, curbs and gutters, and stormwater facilities)
in accordance with the Town Center District Code, prior to the City's schedule for said
construction provided herein, Schrimsher may design, engineer, permit, survey, and
construct Spine Road at Schrimsher's expense. Pursuant to City Ordinance No. _,
Schrimsher shall then be eligible for transportation impact fee credits to be accrued for
Schrimsher's construction of the Spine Road. Accrued credits shall be applied to the
development of Schrimsher Property. Regardless of which party constructs Spine Road,
the City, at its expense, agrees to design, permit, and construct water and sewer utilities
Page 4 of 13
for Spine Road required for the Town Center and Schrimsher Property. Schrimsher shall
convey Spine Road to the City at such time the City has obtained all necessary permits for
the City to construct Spine Road or Schrimsher has completed construction of Spine Road,
whichever occurs first.
4) Design, permit and construct improvements on that portion of Tuskawilla
Road described as Main Street on the Town Center Plan and located from State Road 434
to Magnolia Park. Said improvements shall be consistent with the Town Center District
Code. Schrimsher agrees to donate and convey to the City the right-of-way needed by the
City to .expand Main Street to eighty-two feet in width in accordance with the Town
Center District Code. The conveyance shall occur at such time as the CitY has obtained
all permits necessary to construct the Tuskawilla Road improvements. Because Schrimsher
only owns property on one side of that portion of Tuskawilla Road, Schrimsher shall on.ly
be required to convey the one-half of the needed roadway which is located on Schrimsher's
side of Tuskawilla Road. Notwithstanding the aforesaid, if Schrimsher desires to improve
Tuskawilla Road in accordance with the Town Center District Code, prior to the City's
schedule for making said improvements, Schrimsher may design, permit, and construct
said improvements at Schrimsher's expense and the conveyance shall occur at such time
Schrimsher has completed construction of said improvements. Pursuant to City Ordinance
No. _, Schrimsher shall then be eligible for transportation impact fee credits to be
accrued for Schrimsher's construction of the Tuskawilla Road improvements.
v. Inclusion of Property in Town Center District.
Schrimsher consents to the inclusion of the Schrimsher Property into the Town
Center District subject to the terms and conditions thereof.
VI. Adoption of Town Center District Code.
Schrimsher hereby consents to the adoption of the Town Center District Code and
its applicability to the Schrimsher Property subject to the terms and conditions hereof.
vu. Future Land Use Change.
Schrimsher and the City 'acknowledge that the future land use designation for the
Schrimsher Property shall be Town Center at such time said designation is approved by
the City. Specifically, and without limitation, the parties intend for the future land use
designation under the City I S Comprehensive Plan to be amended to accommodate the
Town Center District Code and to correct the future land use designation of the Rustic
Residential Property (to Town Center) which was inadvertently previously changed by City
from commercial to "rustic residential". The City shall immediately administratively
initiate and diligently process through completion said comprehensive plan amendments
and also effecruate any administrative rezoning necessary to implement the foregoing land
Page 5 of 13
use change.
VllI. East Market Square Parcel. Provided that the site and building plan are
consistent with the City Code and Town Center District Code, the City agrees and
acknowledges that the East Market Plaza Parcel will be allowed to have: (i) a grocery
store anchor building consisting of approximately 45,000 retail square feet; (ii) up to
45,000 square feet of additional retail square feet; and (iii) a parking ratio of up to five
(5) spaces per 1,000 retail square feet.
IX. Retention Ponds. The retention ponds depicted on the Town Center Plan are
meant to be conceptual and do not necessarily indicate the actual location of retention
ponds that may be required as part of a development project. As part of all Schrimsher
development projects on Schrimsher Property, Schrimsher agrees to provide retention
ponds in accordance with local, state, and federal law and sound engineering practices.
x. St. Johns Landing. Schrimsher agrees to provide appropriate buffering
consistent with the City Code along the northern boundary of the Schrimsher Property
adjacent to the St. John's Landing Subdivision. Said buffering may include a retention
pond.
XI. Wetland Delineation of Wetland Park. The parties acknowledge that
Schrimsher has caused St. John's River Water Management District and the U.S. Army
Corp of Engineers to delineate the jurisdictional wetland boundaries of Wetland Park.
Upon execution of this Agreement, the City agrees, at its expense, to use the aforesaid
wetland delineation to amend the wetland boundary contained on page 11 of the Town
Center District Code to accordingly reflect said wetland delineation.
xu. Urban Boulevard Traffic Signal. In conjunction with the construction of the
Urban Boulevard north or south of State Road 434 (as part of Spine Road), the City will
cooperate with the Florida Department of Transportation in any proposal to install a traffic
light at the intersection of Urban Boulevard and State Road 434 or to install a median
break between State Road 434 approximately midway between the intersection at
Tuskawilla Road and the Urban Boulevard.
XllI. Connection to Tuskawilla Road. The City agrees to cooperate with
Schrimsher to allow Schrimsher to design, permit, and construct a road along the existing
right-of-way behind the "Mobil Service Station" currently on the corner of State Road 434
and Tuskawilla Road, which mayor may not be designed to connect Tuskawilla Road with
a frontage road south of State Road 434. However, the design, permitting, and
construction of said road shall be consistent with the City Code, subject to site plan review
and approval by the City, and at Schrimsher's sole cost and expense.
XIV. Duration. This Agreement shall be for a term of ten (10) years in duration,
Page 6 of 13
which may be extended thereafter by mutual written agreement of the parties.
xv. Periodic Review. This Agreement shall be subject to periodic review
by the parties. Periodically, City and Schrimsher agree to cooperate and meet in good
faith to discuss the progress made under this Agreement and whether any amendments
should be made to this Agreement in furtherance of each others mutual interests.
Additionally, during said review, the parties may discuss proposing amendments to the
Town Center District Code which may be needed to promote .the public's interest in
creating an economically viable Town Center.
XVI. Cooperation.
Schrimsher and the City shall cooperate fully with each other to effectuate the
terms, conditions and intentions of this Agreement.
XVIT.
Authority.
Each party hereby represents and warrants to the other that they have full power
and authority to enter into this Agreement. Schrimsher also represents that all legal and
equitable title to .the Schrimsher Property is currently vested in and held by Schrimsher and
Schrimsher is duly authorized to bind the Schrimsher Property to the terms and conditions
contained in this Agreement. City also represents that all requirements and procedures,
including public hearings, have been properly conducted so that the execution hereof by
the City shall constitute the final action of the City.
XVIll.
Notices.
Any notice required or allowed to be delivered hereunder shall be in writing and
shall be deemed to be delivered. when: (a) hand delivered to the official hereinafter
designated, or (b) upon receipt of such notice, when deposited in the United States mail,
postage prepaid, certified or registered mail, return receipt requested, or (c) one day after
deposit with a nationally recognized overnight courier service, e.g. Federal Express,
Purolator, Airborne, Express Mail etc., addressed to a party at the other address as
specified below or from time to time by written notice to the other party delivered in
accordance herewith.
Schrimsher: Schrimsher Land Fund 1986 - II, III, V & VI, Ltd.
c/o Michael A. Schrimsher
Schrimsher Properties
600 E. Colonial Drive, Suite 100
Orlando, Florida 32803
Phone: 407/423/7600
Fax: 407/648/9230
Page 7 of 13
With Copy
to:
City:
With Copy
to:
XIX.
Michael J. Grindstaff, Esquire
Shutts & Bowen LLP
20 N. Orange Avenue, Suite 1000
Orlando, Florida 32801
Phone: 407/423/3200
Fax: 407/425/8316
City of Winter Springs
1126 East State Road 434
Winter Springs, Florida 32708
Telephone: 407/327/5957
Fax: 407/327/4753
Anthony A. Garganese
City Attorney of Winter Springs
Amari & Theriac, P.A.
96 Willard Street, Suite 302
Cocoa, Florida 32922
Phone: (407) 639-1320
Fax: (407) 639-6690
Defaults.
Failure by either party to perform each and every one of its obligations hereunder
shall constitute a default, entitling the nondefaulting party to pursue whatever remedies are
available to it under Florida law or equity including, vli~out limitation, an action for
specific performance and/or injunctive relief. The prevailing party in any litigation arising
under this Agreement shall be entitled to recover its reasonable attorney's fees and costs,
whether incurred at trial or appeal.
xx. Successors and Assigns.
This Agreement shall automatically be binding upon and shall inure to the benefit
of the successors and assigns of each of the parties.
XXI. Applicable Law.
This Agreement shall be governed by and construed in accordance with the laws
of the State of Florida.
Page 8 of 13
XXll.
Amendments.
This Agreement shall not be mod,ified or amended except by written agreement
duly executed by both parties hereto.
XXllI.
Entire Agreement.
This Agreement supersedes any other agreement, oral or written, and contains the
entire agreement between the City and Schrimsher as to the subject matter hereof.
XXIV .
Severability.
If any provision of this Agreement shall be held to be invalid or unenforceable to
any extent by a coun of competent jurisdiction, the ~e shall not effect in any respect the
validity or enforceability of the remainder of this Agreement.
xxv.
Effective Date.
This Agreement shall become effective upon approval by the City Commission of
Winter Springs and execution of this Agreement by both parties.
XXVI.
Recordation.
This Agreement and any amendments thereto shall be recorded in the public records
of Seminole County, Florida and shall run with the Schrimsher Property.
XXVll.
Relationship of the Parties.
The relationship of the parties to this Agreement is contracwal and Schrimsher is
an independent contractor and not an agent of the City. Nothing herein shall be deemed
to create a joint venwre 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.
XXVIII.
Miscellaneous Declarations.
The parties agree that this Agreement is consistent with the City's Comprehensive
Plan and land development regulations and is a legislative act of the City Commission of
the City. The parties further agree that this Agreement promotes the public health, safety,
and welfare and is consistent with, and an exercise of, the City's powers under the
Municipal Home Rule Powers Act, as provided in s. 2(b), Article VIII of the Florida
Constitution and chapter 166.021, Florida Statutes and the City's police powers.
Page 9 of 13
XXIX.
Sovereign Immunity.
Nothing contained in this Agreement shall be construed as a waiver of the City's
right to sovereign immunity under Section 768.28, Florida Statutes, or any other limitation
on the City's potential liability under state and federal law.
xxx.
City's Police Power.
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.
XXXI.
Force Majeure.
The parties agree that in the event that the failure by a party to acco~plish any
action required hereunder within a specified time period ("Time Period") constitutes a
default under the terms of this Agreement and, if any such failure is due to any event or
condition beyond the control of such party, including, but not limited to, acts of God, acts
of government authority, acts of public enemy or war, riots, civil disturbances, power
failure, shortages of labor or materials, injunction or other court proceedings beyond the
control of such party, or severe adverse weather conditions ("Uncontrollable Event"),
then, notwithstanding any provision of this Agreement to the contrary, that failure shall
not constitute a default under this Agreement and any Time Period proscribed hereunder
shall be extended by the amount of time that such party was unable to perform solely due
to the Uncontrollable Event.
XXXII.
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 of this Agreement in the event of a'dispute between the parties.
XXXIII.
Permits.
The failure of this Agreement to address any particular City, county, state, and
federal pennit, condition, tenn, or restriction shall not relieve Schrimsher of the necessity
of complying with the law governing said permitting requirements, conditions, term, or
restriction.
XXXIV .
Third Party Rights.
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.
Page 10 of 13
xxxv .
Counterparts.
This Agreement may be executed' in any number of counterparts, each of which
when so executed and delivered shall be considered an original agreement; but such
counterparts shall together constitute but one and the same instrument.
IN WITNESS WHEREOF, Schrimsher arid the City have executed this
Agreement in form sufficient to bind them as of the day and year first above written.
"SCHRIMSHER"
SHCRIMSHER LAND FUND 1986-11
LTD., a Florida limited partnership
WITNESSES:
By: Schrimsher Management, A Florida
General Partnership
By:
Michael A. Schrimsher
General Partner
Print Name:
Print Name:
SCHRIM:SHER LAND FUND V, LTD.,
Florida Limited Partnership
By:
Michael A. Schrimsher
General Partner
Print Name:
Print Name:
Page 11 of 13
SCHRlMSHER LAND FUND VI, LTD.,
A Limited Partnership
By:
Michael A. Schrimsher
General Partner
Print Name:
Print Name:
CITY OF WINTER SPRINGS,
A Florida Municipal Corporation
WITNESSES:
By:
Print name:
Print name:
Page 12 of 13
EXHIBIT LIST
Exhibit
Content
A
Legal description of Schrimsher property
B
Legal description of rustic residential property
C
Town Center Plan
D
Town Center District Code
E
Town Center District
F
East Market Square parcel
G
. Spine Road (alk/a collector road)
H
Other Schrimsher conveyances within Town Center to be conveyed
at development permit stage (e.g., misc. parks and roads)
R:lMuoicipalIWinlerSpingo\Scbrimsbcr A&=m<m. wpd
Page 13 of 13
DEDICATIONS TO CITY
ACRES VALUE
0.24 $49,500
0.22 $45,400
0.44 $36,300
O. 14 $11,600
0.45 $37,100
0.40 $82,500
0.70 $71,700
0.79 $162,700
0.85 $175,400
0.15 $31,000
4.38 $703,200
Parks - Miscellaneous
Magnolia Park
Magnolia Park Exp.
Trail Entry Park
A
B
C
o
E
F
G
H
I
J
Wetland Park Uplands T 3.86 $318,500
Wetlands T 19.50 $97,500
23.36 $416,000
Tuskawilla Road RfW 0.22 $45,400
SUBTOTAL 27.96 $1,164,600
Trail Relocation
To State from Schrimsher
Paved Trail Portion 5.10 $420,800
Unpaved Trail Portion 4.10 $846,000
9.20 $1,266,800
To Schrimsher from State (4.60) ($833,000)
SUBTOTAL 4.60 $433,800
TOTAL 32.56 $1,598,400
DEDICATIONS TO SCHRIMSHER
Tuskawilla Road Improvements $407,300
Collector Road Improvements $1,151,000
Collector Road Utilities $250,000
Offsite Utilities $1,100,000
SUBTOTAL $2,908,300
TOTAL
$2,908,300
INET TO DEVELOPER
$1,309,9001
DEDICATIONS TO CITY
ACRES VALUE
0.24 $49,500
0.22 $45,400
0.44 $36,300
O. 14 $11,600
0.45 $37,100
0.40 $82,500
0.70 $71,700
0.79 $162,700
0.85 $175,400
0.15 $31,000
4.38 $703,200
Parks - Miscellaneous
Magnolia Park
Magnolia Park Exp.
Trail Entry Park
A
8
C
o
E
F
G
H
I
J
Wetland Park Uplands T 3.86 $318,500
Wetlands T 19.50 $97,500
23.36 $416,000
Tuskawilla Road RIW 0.22 $45,400
SUBTOTAL 27.96 $1,164,600
Trail Relocation
To State from Schrimsher
Paved Trail Portion 5.10 $420,800
Unpaved Trail Portion 4.10 $846,000
9.20 $1,266,800
To Schrimsher from State (4.60) ($833,000)
SUBTOTAL 4.60 $433,800
TOTAL 32.56 $1,598,400
DEDICATIONS TO SCHRIMSHER
Tuskawilla Road Improvements $407,300
Collector Road Improvements $1,151,000
Collector Road Utilities $250,000
Offsite Utilities $1,100,000
SUBTOTAL $2,908,300
Amenities Unpaved Trail
Paved Trail
Magnolia Park Trailhead
Parks Improvements
SUBTOTAL
TOTAL
$100,000
$150,000
$350,000
$150,000
$750,000
$3,658,300
INET TO DEVELOPER
$2,059,900 I
12/13199