HomeMy WebLinkAbout1992 01 13 Regular
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January 6, 1992
TO:
City Manager ~
Land Development coordinato~~
FROM:
RE:
Agenda Item - DEERSONG Request for Alternative to
Recreation Area (Indian Ridge Phase III)
Sala, Inc. has experienced difficulty in relation to the recreational
facilities presently being used by Indian Ridge Phases I and II. (See
Broad and Cassel letter dated November 25, 1991.)
Section 9-103(b) allows the Staff to recommend to the City Commission
that the requirements of Section 9-103, for projects less than twenty
(20) acres,! be waived.
In this regard, Sala, Inc. has proposed to immediately deposit in an
Escrow Account $6,500.00 if the attached agreement is accepted by the
Commission. If, within three (3) years of acceptance date, there is
no permit applied for, or pool construction has not commenced, Sala, Inc.
will forfeit the monies in the Escrow Account, plus give another $23,500.00
to the Recreation Department. The proposed pool is to be built on adjoining
property where a future project is in the planning stage.
The Staff has recommended approval (the City Attorney gave verbal approval
to the agreement on January 3, 1992) as reflected in the Site Plan Review
Board Minutes dated January 2, 1992 which are attached.
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attach.
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cc: Mayor
Commission
City Attorney
City Clerk
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.~ AND CASSEL
.J.TORNEYS AT LAW
A.;,..y D. SIUJ\I., 1'.A.
__;;IlOAL. P.A.
JEFflUiY A. DEUTCH. P.A.
PAl1UClA UllOW. P.A.
C. KEN BI$HOP. P.A.
oc.\T'lG SHlMOI'f
A1J'X C. KLlRQ$. p.C..
ROBERT O. GAllON, P.A.
IUCHAI\.U B. MACI'A.IU.AND, 1'.".
DAVID SHLU. P.A.
C. DAYn) DROWN. n. ".A.
I. BURTON $PIlAKER. P.A.
DAVID J. BEllGEll. P.A.
F'. \lEK.NON /l ENNIrrI'
MAAWIN S. CI\$$tL. P.A.
JAMES .~. CAlI!;:!., .......
ALlAN II. SOLOMON. P.A.
CLlFl'ORO I. lifiKTZ, P.A.
ARVIN I. JAFfE:. P.A.
M. STO>Hl;IoI TUllNo.
RA1..PH C. DATG..UO
/XlUCLAS I.. MANNHI:IMU
MARTIN II. PR~;.ss. P.A.
IIVo Ii. OOlU>ON
MOr-.TE A. IACKEl.
IGAL KN(lIlLEl(. r.A.
NOJI.MAN S. WEIDEl.
1UClV..R.b i. DOBKIN"
MJCHAEI. A. OIlllllN. P.A.
A.Nl1iON~' W. PALMA
ANDIU.'W p. ~
OVJ\JJ';S S. fI'JV.1TON
1l0NAJ..D/.KU!IN
PlUUl' B. SOfWAIl17.. ".A.
llAN OOU'H H. F1Hl,.tl$, I' .A.
liAIUtY A. PAYTON. P.A.
JMlJ.;S E. SL.ATEll, P.".
AIlNO/.J.) nMuS . JR.., P.A.
I'HIUP (HV<OH) 1~, ".A.
OA VID K. MI1.lD.
IlOllUTT. ROSEN
'1lI0M.-\.S K. TOI'OR.
ANDlU:W CO'f'.Gl.N
M. SWAN SAC'CO
WIU.Wo4 C. ST AUONS
llANDN.. M. A.lJ..JOOOD
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TIlOMA.S F. 010100
DA VII) J.. LENOX
JAM&! 1. WHU'..l..Ek
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SJ1NEN A. IBUON
AMY S. ~"EIl
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IIlA J. CQLEMAN
JE'FF'IU:Y 1'. COll.OON
1l0BfJlT D. CIU:1!NE
MY\..A.J, BISHOP
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1051 WlNDEJU.EY Pl,.ACE
MAITLAND, Fl. 32751
(407) 660-8984
FA-X (407) 660.0847
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November 25, 1991
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VIA FACSIMILE
Mr. Donald LeBlanc .
Land Development Coordinator
City of Winter Springs
1126 E. State Road 434
Winler Springs. FL 32708
RE: Sala, Inc.'s ("Sala") townhome project known as OeerSong ("DeerSong") In Winter
Springs. Florida
Dear Don:
AS per your conversation with Mr. Sabeti, you have requested that I provide you with an
explanation as to why we are not insistini on the use of the recreational facilities presently
located in the condominium project known as Indian Ridge, a Condominium ("Indian Ridge").
When Sala began developing DeerSong, the original intent was to try to add the property which
Sala plans on platting as DeerSong as the third phase of Indian Ridge. Unfortunately, the length
of time which has lapsed between the original recording of the Indian Ridge declaration and the
development of the third phase does not pennit Sala to add DeerSong as a third phase of Indian
Ridge. This has been confirmed through many conversations and negotiations with the Bureau
of Condominiums.
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'When it became apparent that we would not be able to develop the property as a third phase of
Indian Ridge. we commenced negotiations with the Indian Ridge Condominium Association (the
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Ib:dg FRCM BROAD CASSEL MTL
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Mr. Donald LeBlanc
November 25, 1991
Page 2
"Association") to attempt to negotiate easement rights with an agreement to pay our pro rata
share of the cost of maintaining the recreational facilities with the Association. Our client
inCUrred a tremendous amount of expense and time in trying to negotiate such an agreement with
the Association. The board of directors of the Association approved their attorney to finaiize
an easement agreement which would have provided the DeerSong property owners the right to
use the recreational facilities. After completing such document at tremendous expense to my
client, a limited number of condominium unit owners in Indian Ridge complained to the board
of directors of the ASSOCiation, the Association got cold feet and decided not to sUpport such an
agreement.
While I recognize that the Indian Ridge condominium project when ftrst approved by the City
of Winter Springs (the "City") reflected that all three phases of the Indian Ridge condominium
were to use the recreational facilities, under the State Condominium Law, Chapter 718 of the
Florida Statutes, the developer wa~ not required to add the third phase to the condominium
which would have given such property owners the right to use the recreational facilities. Since
the DeerSong property can no longer be added to Indian Ridge, all rights to use those
recreational facilities without any further agreement with the Association has tenninated. \Ve
have no right to require the Association to ailow the future owners on the DeerSong property
to use the rlXreational facilities.
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As you can see, I am forwarding a copy of this letter to Frank Kruppenbacher for his review
and comments. I am hopeful that by the beginning of next week we can iron out the Jast
remaining issues which you have raised so tbat Mr. Sabeti can proceed with finalizing and
recording the Declaration of Covenants and Restrictions for DeerSong and finalizing his plat
approval.
Should you have any questions. please do not hesitate to contact me.
Very truly yours,
~fl.1,d: [b/lilJ
Thomas F. Diorio
TFD/dc
CC: Frank C. Kruppenbacher, Esquire (via fax)
Mr. Hank Sabeti
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BROAD AND CASSEL
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AGREEMENT
THIS AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into as
of the day of , 1992, by and between the CITY OF WINTER SPRINGS,
a municipal subdivision of the State of Florida (hereinafter referred to as the "City"), 1126 E.
State Road 434, Winter Springs, FL 32708, and SALA, INC., a Florida corporation (hereinafter
referred to as the "Sala"), P.O. Box 533116, Orlando, FL 32853.
WIT N E SSE T H:
\VHEREAS, Sala is the owner of the real property described as Parcel A and Parcel B on
Exhibit "A" attached hereto arid made a part hereof (hereinafter referred to as the "Real
Property"); and
WHEREAS, Parcel A was approved by the City of Winter Springs to be developed for thirty-
two (32) residential building lots provided that the owners of said lots were to be entitled to use
certain recreational facilities located in Indian Ridge, a Condominium, a condominium project
immediately abutting Parcel A; and
WHEREAS, Sala, as the owner of Parcel A, was unable to obtain the right to use such facilities
from Indian Ridge, a condominium; and
WHEREAS, the City and Sala have agreed to enter into this Agreement regarding the
construction of recreational facilities on Parcel B which may benefit Parcel A.
NO\-V, THEREFORE, for and in consideration of the sum ofTen and NollOO Dollars ($10.00)
and other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the parties hereto agree as follows:
1. The recitals set forth above are true and correct and are hereby incorporated herein.
Simultaneously with the execution of this Agreement, Sala shall deiiver to the City
$6,500.00.
Prepared by and Rerum to:
Thomas F. Diorio, Esquire
Broad and Cassel
P.O. Box 945051
Maitland. FL 3:794-5051
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If a Duilding permit is issued by the City for pool facilities (as defined below) to be
constructed on any ponion of Parcel B, and construction has commenced on such pool
facilities on or before , 1995. then the owners of residential uni ts located on
Parcel A and their guests. tenants and other invuees shall be entitled to an easement for
such recreational facilities 10 exchange for such owners agreeing to pay mClr pro rata
share of the expenses of operating. insuring, repamng, replacing and maintaining the
pool facilities. Such an agreement shall be entered into by the owner of Parcel B and
the homeowners' association operating for the benefit of the owners of Parcel A. For
the purposes of this Agreement, the term "pool facilities" shall mean a pool, pool
decking, a cabana consisting of bathrooms and such other recreational facilities as the
developer of the subject propeny may deem desirable.
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A. If the pool facilities are constructed in accordance with paragraph 3 above, then
the owner of Parcel B shall be entitled to a credit against impact fees for
improvements to be made to Parcel B in the amount of $6,500.00.
B. If on or before , 1995, Parcel B is approved for development by the
City without pool facilities as part of the development plan, then at such time as
the owner of Parcel B applies for a building permit for any construction in
accordance with said approved development plan on Parcel B, the owner of
Parcel B shall pay to the City the sum of $23,500.00 as payment to the City for
the right to develop Parcel A and Parcel B without recreational facilities.
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C.
If on or before , 1995, the City has not issued a building permit for
the pool facilities, or construction of such facilities has not commenced by such
date, then the owner of Parcel B shall pay to the City the sum of $23.500.00 as
payment to the City for the right to develop Parcel A and Parcel B without
recreational facilities.
4. If either a pool is built on Parcel B or the owner of Parcel B pays the $23,500.00 to the
City as set forth in paragraph 3 above, then any and all requirements that the City may
have that propeny within the limits of the City be developed with recreational facilities,
or in lieu thereof a payment of a fee to the City, including, but not limited to, Section
of the Ordinances of the City in effect as of the date hereof will be deemed
satisfied and no further obligations regarding the need to develop propeny within the
limits of the City with recreational facilities or pay a fee to the City in lieu thereof. shall
be imposed upon the owners of Parcel A or Parcel B.
J. Tne purpose of this Agreement is to set forth how the owner of Parcel A and Parcel B
will satisfy the City's requirements that the said properties be developed with recreational
facilities or in lieu thereof the payment of a fee to the City.
c. If the owner of Parcel B is obligated to make payment to the City in the amount of
S::'3.500.00 in accordance with paragraph 3 above. the City shall be entitleC ro a lien
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agaInst Parcel B to secure the payment of said $23.500.00. Said lien shall become
effective upon the recording of this Agreement. If the owner of Parcel B does not pay
said $23,SOO.OO to the City, if required to do so pursuant to the terms of this Agreement,
on or before , 1995, then the City may foreclose its lien on Parcel B in
accordance with the reqUIrements of foreclosing a mongage in the State of Florida.
7.
Upon the satisfaction of the requirements of this Agreement by Sala, the City hereby
agrees to execute and record any and all documents acknowledging the satisfaction of the
obligations set forth herein and for releasing any lien rights it may have by vinue of this
Agreement.
8.
The benefits and burdens of the terms of this Agreement shall be covenants running with
the land described herein with all benefits and burdens passing along to the successors
and/or assigns of the present owners of the propeny described herein.
IN WITNESS WHEREOF, the panies hereto have set their hands and seals as of the day and
year first above written.
Signed, sealed and delivered in the
presence of:
CITY OF WINTER SPRINGS, FLORIDA,
a municipal subdivision of the State of Florida
By:
Witness:
(Type/print name legibly)
(Type/print name legibly)
As its:
(CORPORATE SEAL)
Witness:
(Type/prim name legibly)
SALA, INC., a Florida corporarion
By:
Houshang Saberi, President
Witness:
(Type/prim name legibly)
(CORPORATE SEAL)
Witness:
:Type:prim name legibly)
kE\~_'1 :-.IUJI'~Dt.=::"'26l
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STATE OF FLORIDA
COUl\'TY OF SEMINOLE
The foregoing instrument was acknowledged before me this day of , 199:2 by
, the of the City of Winter Springs,
Florida, a municipal subdivision of the State of Florida, who is personally known to me or who
has produced as identification and who did (did not) take an
oath.
Notary Public
My Commission Expires:
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this day of , 1992 by
Houshang Sabeti, the President of Sala, Inc., a Florida corporation, who is personally known
to me or who has produced as identification and who did (did
not) take an oath.
Notary Public
My Commission Expires:
RE\llUl]\WJI';FDDJ....:'::.::tI
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EXHIBIT tI A tI
LEGAL DESCRIPTION
PARCEL A
Lots 1 through 32, inclusive, and Tract "A", DEERSONG, according to the plat
thereof as recorded in Plat Book _, Page _, Public Records of Seminole
County, Florida.
PARCEL B
Commencing at the NE corner of Indian Ridge, a Condominium, Phase II, as
recorded in Condominium Exhibit Book 25, Pages 26 and 27, of the Public
Records of Seminole County, Florida; said point being on the westerly Right-of-
Way line of Sherry Avenue; thence run N 14052'25" E 258.00 feet along said
Right-of-Way line to the Point of Beginning; thence leaving said Right-of-Way
line run N 77030'01" W 148.51 feet; thence run N 6r 15'00" W 425.00 feet;
thence run S 06018'22" W 154.04 feet; thence run S 00000'00" W 51.62 feet to
the northwest corner of the recreation area of the aforesaid Indian Ridge, a
Condominium, Phase II; thence continue along the west line of said recreation
area the following two courses S 00000'00" W 168.38 feet; thence run S
26002'06" W 102.95 feet to the southwest corner of said recreation area; thence
run along the northerly boundary line of said Indian Ridge, A Condominium,
Phase II, N 75004 '25" W 130.28 feet to the Northeast corner of Doug's Unit #1
as recorded in Plat Book 31, Page 53 of the Public Records of Seminole County,
Florida; thence run N 56001 '20" W 541.82 feet along the North line of said
Doug's Unit #1 to a point on the easterly Right-of-Way line of Moss Road.
extension per O.R. Book 1338, Pages 620 and 621, thence run N 33001'52" E
914.36 feet along the Eastern Right-of-Way line of Moss Road an 80 foot Right-
of-Way as established per O.R. Book 1338, Pages 620 and 621 to the Southeriy
Right-of-Way line of State Road 419; per O.R. Book 1139, Pages 1563 thru
1565; thence run along said Southerly Right-of-Way line being a curve concave
Northeasterly having a radius of 2420.86 feet, a central angle of 20058' 10", a
chord that bears S 64055'44" E, for an arc distance of 886.00 feet to a point on
the Westerly Right-of-Way line of aforesaid Sherry Avenue: thence run S
14. 052'25" W 476.42 feet to the Point of Beginning.h
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January 2, 1992
TO:
City Manager
coordinato~
FROM:
Land Development
RE: Site Plan Review Board, Indian Hidge Phase III,
(Deersong), Recreational Area
The above referenced was held on December 31, 1991. Staff members present
were Archer, Artman, Govoruhk, Kozlov, Lallathin and LeBlanc.
The above referenced was discussed. Motion by Artman that the agreement,
with approval by the City Attorney, be favorably recommer.ded to the City
Co~nission for approval. Seconded by Archer. All voted aye.
ffg
cc: Staff
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~~ary 13, 1992
TO:
Ci ty Manager
J. Koch, Dir. Admin Services/ rZ)
Comprehensive Planning ~
FROM:
SUBJECT:
Consultant Request to Increase Fees to Assist in Preparation of
Comprehensive Plan ORC Report Response to DCA
You asked what I thought of the letter from Henigar and Ray stating that
they had exhausted $7,900 of the $8,900 amount for which they contracted to
assist with the ORC Report response and asking an additional $20,000 to
continue.
In review of their contribution to this effort so far, they have essentially
duplicated the work City staff had done prior to their contract.
We had entered the ORC report on our computer and had the facility to print
it in any format needed. I advised them of this fact and we activated a
modem by which our computer and theirs could exchange information.
Instead of utilizing this economy, they retyped the entire ORC report into
their computer. Any charge for computer time at their office to duplicate
this work is an unnecessary expense to the City.
The consultant read the responses prepared by staff and met with staff for
one day to review the staff's work for adequacy. They had a one day
meeting with me during which I explained the Comprehensive Plan and
support documents to them. The consultants, attorney, and I had a one day
meeting with DCA at which I explained the Comprehensive Plan and support
documents to the Supervisor of the DCA reviewer who prepared the ORC
report. At both meetings the consultants evidenced lack of full awareness
of what is actually included in the plan and documents. Apparently their
efforts so far have been directed mainly to the ORC report only, not to the
plan submitted.
I have difficulty equating their contribution so far with an expenditure of
$7,900 by the City.
Regarding their request for further funding of $20,000 to continue, the
proposed work program they sent to support their charges includes work
that has already been done and work that does not need to be done
according to DCA. This work program is dated November 24 and does not
reflect much work already done by staff prior and since that date and is