HomeMy WebLinkAbout2007 08 13 Public Hearing 500.1 Vertex Development LLC Request for Conditional Use - Telecommunications TowerCITY COMMISSION
AGENDA
ITEM 500.1
Consent
Informational
Public Hearing X
Regular
r~/~
August 13, 2007 ..~~~ MGR. /DEPT.
Meeting
REQUEST: The Community Development Department requests the City Commission
review Vertex Development, LLC's request for a Conditional Use to allow a
telecommunications tower, on a 70' x 70' lease site, at the Tuscawilla Country Club
(1500 Winter Springs Boulevard), in the Tuscawilla Planned Unit Development (PUD).
PURPOSE: The purpose of this agenda item is for the City Commission to consider
the appropriateness of the proposed 150' tall monopole telecommunications tower (cell
tower) and its associated site improvements, pursuant to the criteria set forth in Section
20-33 and Section 20-451 of the City's Code of Ordinances.
ZONING AND LAND USE DESIGNATION:
Zoning: PUD
Future Land Use Designation: Recreation and Open Space
Conditional Use: Pending
APPLICABLE LAW AND PUBLIC POLICY:
Section 9-600 through 9-606 of the City's Code of Ordinances
Section 20-33. Conditional Uses
Section 20-451, as amended by Ordinance No. 2006-12, Telecommunication Towers
Settlement Agreement and Amended Settlement Agreement No.l
The Telecommunications Act of 1996
Section 365.172 Florida Statutes
CONSIDERATIONS:
1. There may be a need to improve cell phone service in the Tuscawilla PUD. The
applicant proposes to locate a 150' tall monopole tower on a 50' x 50' fenced compound
on a 70' x 70' lease site at the 140 + acre Tuscawilla Country Club site within the
Tuscawilla Planned Unit Development (PUD.
2. The proposed site is located near the southwestern end of the existing driving range.
August 13, 2007
Public Hearing 500.1
Page 2 of 8
3. The applicant must provide evidence that the proposed structure meets the criteria set
forth in Subsection 20-451 (as amended by Ordinance 2006-12) ofthe City Code as well
as the conditional use criteria in Section 20-33. The attached application packet includes
the applicant's responses to the Section 20-33 criteria and Section 20-451 criteria.
4. In addition, the applicant must provide evidence that the proposal meets the
requirements of Section 9-600 through 9-606 of the City's Code of Ordinances (Aesthetic
Review Standards). The aesthetic review is a separate agenda item.
5. Section 20-33 sets forth the criteria and process for a conditional use.
6. Section 20-451, as amended by Ordinance No. 2006-12, sets forth a 3 tiered zoning
system for the location of all proposed telecommunication towers within the City.
The first tier allows telecommunications towers as a permitted use at 4 specific, mapped
sites within the City (the City's wastewater treatment plant #1/west plant, the Seminole
County School Board Consolidated Services Facility - a.k.a. "bus barn, the City's west
effluent disposal sites - located at the SE quadrant of Site 16, east of the percolation
ponds, and the City Hall site).
The second tier allows telecommunication towers to be considered for a conditional use
at the following sites:
a. On property owned by the City of Winter Springs that is designated
public/semi public on the City's future land use map; or
b. On an existing commercial or industrial building, not located or incorporated
within a single family residential area, provided the tower does not extend
more than ten (10 ) feet above the roof line of the building and the tower does
not exceed the applicable maximum height limitation in the City Code; or
c. Within (enclosed) an existing church steeple or other type of existing structure
which exists for a primary purpose other than for personal wireless services.
It is the intent of this subsection to take advantage of existing structures for
providing personal wireless services and not to allow the construction of new
structures for said purposes; or
d. Upon existing sports lighting structures, utility structures, and water tanks,
provided the structure is not located within a single family area, the tower
does not extend more than ten (10 ) feet above the top of the existing
structure, and the tower does not exceed the applicable maximum height
limitation in the City Code; or
e. On the site of the proposed Fire Station #3 which is to be located on the south
side of S.R. 434 in Tuscawilla Tract IS, Parcel 3(approximately 2300 feet
west of Vistawilla Drive). Said tower, if approved, shall not exceed one
hundred twenry (120') feet.
The third tier allows a request a for conditional use for a site not listed in tier one or
tier two, if the appGcant presents competent, substantial evidence which
demonstrates that the first two tiers are not available or technically feasible for
locating a tower. A telecommunication tower shall be considered for a conditional
use on the following preferred sites, which are listed in the order of preference.
These preferred sites shall be considered in the sequence listed below and the
August 13, 2007
Public Hearing 500.1
Page 3 of 8
applicant shall be required to demonstrate, based on technical feasibility, that a more
preferred site is not available or suitable before requesting a lesser preferred site:
a. Property which has a future land use designation of Industrial.
b. Properry which has a future land use designation of Mixed Use and is part of
a Development of Regional Impact.
c. Densely wooded or concealed areas limited to a golf course and areas of
property which have been designated conservation by perpetual easement and
on the city's future land use map. If a new telecommunication tower is placed
within trees or x~oded areas, the tower shall be concealed by the surrounding
trees or wooded areas to the mcrrimum extent possible to minimize the
visibility of the tower from any road, occupied building, and fairway if located
on a golf course. Trees can be existing on the subject property or installed to
meet the requirements of this subsection, or they can be a combination of
both.
d. Property which has a future land use designation of Greeneway Interchange
District.
All other locations shall be prohibited. Further, the construction of a tower for
speculative purposes shall be prohibited. For purposes of this code, it shall be deemed
primae facie evidence that a tower is being built for speculative purposes if the applicant
cannot provide with the application written evidence that one or more carriers have
committed to locate on the proposed tower within three (3) months of the construction of
the tower for a period of at least five (5) years.
7. Pursuant to Section 20-451, all telecommunication towers must comply with the
following development standards:
(a) They shall be located as far as technically feasible from properties that are
designated residential on the City's Future Land Use and Zoning maps and shall
comply with all other applicable distance standards which are set forth in the City
Code.
The applicant must substantiate, that the proposed tower is as far as is
technically feasible from properties designated residential on the City's FLU
and zoning maps. The request appears to comply with the other applicable
distance standards (e.g. the lease site appears to be at least 200' from the
nearest residential properties along Augusta National Boulevard and E.
Pebble Beach Circle, in Country Club Village). The minimum distance from
residential properties is 125% of the height of the proposed tower. The 200'
distance represents 134% of the proposed tower height.
(b) To the extent feasible, the lowest height technology must be incorporated
including, but not limited to, micro-cell technology.
The appGcant must substantiate that the proposed tower and future co-
locators will incorporate the lowest height techno(ogy, including, but not
limited to, micro-cell technology. The applicant has stated that the proposed
height is the minimum height required to accommodate seven carriers (co-
locators). In addition, the 150' monopole is proposed to be located among
August 13, 2007
Public Hearing 500.1
Page 4 of 8
mature vegetation which might have an impact on the proposed tower height.
Staff has included as a part of this document, a report from Arthur K. Peters
wherein he details some alternate technologies, including the use of multiple,
low-height towers (as in Medina, Washington) and the use of stealth and
disguise facilities. Other low height technologies, such as Distributed
Antennae Systems (DAS) may be available and should be considered before
approving a 150' high monopole.
(c) Tower height must be the minimum necessary to serve the applicant's needs (not
to exceed a total height of 165' or a height calculated based on a tower setback of
125 percent of the tower height measured at grade from the base of the tower to
the closest residentially zoned property line.
As stated in item # 7 above, the site appears to be approacimately 200' from
the adjacent Country Club Village residential subdivision. As also
referenced above, the number of co-locators was a justification given by the
applicant for the 150' tower height. In addition, staff noted the nearby dense
tree canopy as being a potential influence on the tower height. No technical
data was provided by the applicant which addressed the use of some of the
more effective stealth technologies. As previously stated, other low height
technologies may be available and applicable and should be considered
before approving a 150' high monopole.
(d) The most effective stealth technology (including stealth technology) must be
incorporated.
The use of a 150' tall monopole does not appear to represent use of the most
effective stealth technology. However, staff also recognizes that there are
numerous other factors, including the number of co-locators and the e~eisting
tree canopies on adjacent parcels, which influence the design of the proposed
facility. The antennae and all associated electrical wiring and connections
shall be internally-mounted/concealed rather than close-mounted. Further,
other stealth technologies should be employed to the maa~imum extent
feasible.
(e) The location must be the least visually intrusive in the community.
To address this requirement, the applicant has provided a visual impact test
(balloon test) which was performed on March 7, 2007. This documentation
includes photographs of the balloon taken from various locations depicted on
a map. This test is attached as part of this report. This test provides
documentation of the visual impact of the proposed 150' tall monopole but
does not address the reduction of visual impacts on the community attainable
through the use of lowest height technologies.
( fl The proposed tower shall be located in an area where the visual impact on the
community is minimized to the greatest extent possible.
As stated above in item e, the applicant has provided the balloon test to
document/address the visual intrusion into the neighboring communities.
Again, there has been no consideration of the possible mitigation levels
August 13, 2007
Public Hearing 500.1
Page 5 of 8
attainable through the use of lowest height technologies and ancillary wiring
and connections.
(g) Antennas must be close mounted or concealed (however concealment shall be
encouraged and preferred to the greatest extent practicable).
Staff requires concealed antennae. The aesthetic review is the subject of a
separate agenda item.
Like all other developments of structures and buildings within the City, Ordinance 2006-
12 requires all applications for location of a telecommunications tower to comply with
Sections 9-600 through 9-606 of the City's Code of Ordinances. These sections address
the minimum community appearance and aesthetic review standards of the application.
OTHER FACTORS:
Another cell tower site was proposed, but has been withdrawn, on the City's East Waste
Reclamation Facility site located at 1560 Winter Springs Boulevard. This site is a Tier
Two site, as defined by Ordinance 2006-12. Anyone proposing a Tier Three site must
present to the City competent substantial evidence which demonstrates that Tier
One and Tier Two locations are not available or technically feasible for the location
of a tower. The Tier Three site could be considered as part of the employment of lowest
height technology wherein multiple sites would be required to provide adequate wireless
service to the area.
The proposed telecommunication tower site is subject to a final order approving
settlement agreement and amended settlement agreement#1, recorded in Official
Records Book 3102, page 1356, as amended by the second amendment to settlement
agreement, recorded in the ORB 3146, page 0454. Said agreements state that the
subject property shall be developed as single family, detached residences. The
proposed cell tower is inconsistent with the agreements. An amendment to the
settlement agreements would be required to permit a cell tower on the subject
property. The applicant and the Tuscawilla Country Club have not proposed any
amendments to the settlement agreement. Therefore, the City Commission is not in
a position to ascertain whether an amendment to this settlement agreement is
acceptable at this time.
FINDINGS:
1. The parent tract contains a golf course and has a Recreation and Open Space FLU
designation.
2. Any approval of a telecommunications tower on the proposed site will require an
amendment to the applicable settlement agreements, as referenced above.
3. Pursuant to Section 20-33 of the City Code, "all conditional use recommendations and
final decisions shall be based on the following criteria to the extent applicable:
August 13, 2007
Public Hearing 500.1
Page 6 of 8
a) Whether the applicant has demonstrated the conditional use, including its
proposed scale and intensity, traffic-generated characteristics, and off-site
impacts, is compatible and harmonious with adjacent land uses, and will not
adversely impact land use activities in the immediate vicinity."
The concept of harmony and compatibility, as applied to the proposed
facility, is different than for an addition to a building. The only other similar
structures in this immediate area with which this monopole can be compared
are the Transmission line power poles, which are approarimately sixty (60')
feet shorter than the proposed monopole. The off-site impacts are limited to
the visual presence of the tower on surrounding residential and recreational
areas. The use of lower height technology would lessen this impact.
b) Whether the applicant has demonstrated the size and shape of the site,
the proposed access and internal circulation, and the design enhancements to be
adequate to accommodate the proposed scale and intensity of the conditional use
requested. The site shall be of sufficient size to accommodate design amenities
such as screening, buffers, landscaping, open space, off-street parking, and sunilar
site plan improvements needed to mitigate against potential adverse impacts of
the proposed use."
The application for this facility specifies a 50' x 50' fenced compound on a
70' X 70' overall site, which includes a 10' landscape buffer. Staff
understands that a slight modification may be necessary once the exact
location is established. Details regarding access, power supply feeds, and the
source of power must be addressed as part of the final engineering for the
proposed tower.
c) Whether the proposed use will have an adverse impact on the local
economy, including governmental fiscal impact, employment, and property
values."
Theoretically, the proposed facility could have a positive impact on the local
economy because it could enhance wireless communications in the Tuscawilla
area. If the applicant employed concealment, low height, stealth
technologies, impact on property values could be negligible.
d) Whether the proposed use will have an adverse impact on the natural
environment, including air, water, and noise pollution, vegetation and wildlife,
open space, noxious and desirable vegetation, and flood hazards."
The proposed facility will not have an adverse impact on the natural
environment, subject to the applicant providing a listed species survey
indicating no adverse impacts. In addition, a survey or statement from the
applicant documenting that the tower lease site will not encroach upon any
wetland.
August 13, 2007
Public Hearing 500.1
Page 7 of 8
e) Whether the proposed use will have an adverse impact on historic, scenic,
and cultural resources, including views and vistas, and loss or degradation of
cultural and historic resources."
Staff does not believe that the proposed tower will create any of these adverse
impacts except for the possibility that an adverse impact may occur to the
scenic resources of the area. The 150' height question needs to be addressed
as part of the consideration of scenic resources. At issue are the scenic vistas
and views and the potential adverse impacts to the area's scenic resources.
fl Whether the proposed use will have an adverse impact on public services,
including water, sewer, surface water management, police, fire, parks and
recreation, streets, public transportation, marina and waterways, and bicycle and
pedestrian facilities."
Staff does not believe the proposed use will create any of these adverse
impacts.
g) Whether the proposed use will have an adverse impact on housing and
social conditions, including variety of housing unit types and prices, and
neighborhood quality."
The proposed monopole should not impact social conditions and the variety
of housing types. Housing prices and neighborhood quality are potentially at
risk of being affected because of the visual presence of the proposed
monopole. The use of lowest height technology will decrease these potential
impacts.
CONDITIONS OF APPROVAL:
1. The applicant and the Tuscawilla Country Club have not proposed any
amendments to the Settlement Agreement. Therefore, the City
Commission is not in a position to ascertain whether an amendment to this
settlement agreement is acceptable at this time.
2. Provide a revised landscape plan depicting specifically what vegetation
will remain and what will be removed and an associated irrigation plan
for the new plantings
3. Provide a Listed Species Report and sufficient documentation to verify
that the proposed facility location does not encroach upon a wetland.
4. The applicant must provide credible and compeWng data
documenting that the lowest height technology required to provide
personal wireless service to the Tuscawilla area has been used.
5. The applicant must provide competent substantial evidence which
demonstrates that Tier One and Tier Two locations are not available
or technically feasible for the location of a tower.
6. Amend the applicable settlement agreements to allow the installation of
a telecommunications tower on the subject parcel.
August 13, 2007
Public Hearing 500.1
Page 8 of 8
7. Any other conditions deemed appropriate t~y the City Commission to
meet the requirements of the applicable City Codes.
RECOMMENDATION:
Based upon the requirements contained in the applicable City Codes, including the
aesthetic review code (Section 9-600 through 9-606) and Section 20-451 as amended by
Ordinance 2006-12, it is questionable as to whether a 150' monopole meets the criterion
stipulated by the City for the use of lowest height technology and aesthetic compatibility
and harmony requirements under the Code.
Staffrequests the City Commission consider the information presented in this staff
report, the testimony of the expert witnesses and that of the applicant and during the
public hearing testimony and, if the Commission is satisfied that the request is consistent
with all applicable criteria and code provisions, including whether or not the applicant
has provided competent substantial evidence which demonstrates that Tier One and Tier
Two locations are not a~ailable or technically feasible for the location of a tower, make
the recommendation they deem appropriate to the City Commission based upon the
criterion set forth in Sections 20-33 and 20-451 of the City's Code of Ordinances In
addition, the City Commission must consider the necessity of amending the applicable
settlement agreements.
The City Commission may consider the use of two or more shorter towers or the use of
concealed/stealth technology as an alternative to the one tower as proposed in this
request.
ATTACHMENTS:
A. Location Map
B. Ordinance No. 2006-12
C. Arthur K. Peters Report
D. Application package
E. City Manager Letter on Tower Height
F. Draft BOA minutes
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ATTACHMENT B
ORDINANCE NO. 2006-12
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA, AMENDING
SECTION 20-451 OF THE CITY CODE REGARDING
TELECOMMUNICATION TOWERS AND ANTENNAS;
PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT
ORDINANCES AND RESOLUTIONS, INCORPORATION
INTO THE CODE SEVERABILITY, AND AN EFFECTIVE
DATE.
WI-~REAS, the City is granted the authority, under Section 2(b), Article VIII, of the State
Canstitution, to exercise any power for municipal purposes, except when expressly prohibited by
law; and
WHEREAS, the City Cornmission has held several public workshops and hearings r~ga~ding
the current telecommunication tower ordinance and has detertnined that said ordinance should be
updated to potentially allow additional locations for telecommunication towers and/or other
appropriate personal wireless service facilities in order to enhance the quality of personal wireless
services that are being provided to the citizens and businesses of Winter Springs; and
WH~REAS, the City Commission of the City of Winter Springs, Florida, hereby finds this
Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Winter
Springs.
NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER
SPKINGS ~IEREBY ORDAINS, AS FOLLOWS: "
Section 1. Recitals. The foregoing recitals are hereby incorporated herein by this
reference.
Seetion 2. Code Amendment. The City of Winter Springs Code, Section 20-451,
Telecommunication towers, is hereby amended as follows: (underlined type indicates additions and
s~triiteottt type indicates deletions, while asterisks (* **) indicate a deletion from this Ordinance of
text existing in Section 20-451. It is intended that the text in Section 20-451 denoted by the
asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to
adoption of this Ordinance).
City of Winter Springs
Ordinance No. 2006-12
Page 1 of 18
Sea 20-951. Telecommunications towers.
1. (a) Definitions.
Antenna shall mean a transmitting andlor receiving device used in telecommunications
that radiates or captures electromagnetic waves, ineluding directional antennas, such as
panel and microwave dish antennas, and omni-dtrectional antennas, such as whips,
Pv~li;r~~nb ra~i~r a,n±Pn~ ae amatP~~~„r ~a„1~n a,nt~n~na~,c a,n~ S~tP11~tP ea~tY; gtat~^n~.
...,, .,.
Co-location shall mean teleeommunications towers that have the potential to have three
(3) or more carrier antennas located on it.
Development review com~ittee shall mean the city staffeomposed of the city manager,
land development coordinator, city engineer, public works/utilities director, community
development coordinator, building officia~; police chief, fire chief.
Guyed tower shall mean a telecommunications tower that is supported, in whole or in
part, by guy wires and ground anehors.
Lattice tower shall mean a telecommunications tower that is constructed with a series '
of struts forming a non-solid surface tower, without guy wires standing on and fastened
to an in-ground pier.
Microwave shall mean a dish antenna, or a dish-like antenna used to link
communication sites together by wireless transmission of voice or data.
Monopole tower sha11 mean a telecommunications tower consisting of a single pole or
spire self supported by a pennanent foundation, constr~cted without guy wires with
ground anchors.
Panel antenna shall mean an array of antennas designed to concentrate a radio signal in
a particular area.
Personal wireless services shall mean an~personal wireless service defined in the
Federal Telecommunications Act which includes Federal Communication Commission
~FCCI licensed commercial wireless telecommunications services including cellular,
nersonal communication services ~PCS~pecialized mobile radio (SMRI, enhanced
~ecialized mobile radio (ESMR) pa~ing as well as unlieensed wireless services, and
cuii~i~uii ~arricr wireless excl~arige acc~ss servi~es.
Stealth facility shall mean any telecommunications facility whieh is designed to blend
into the surrounding environment. Examples of stealth facilities include architecturally
screened roof-mounted antennas, antennas integrated into architectural elements, and
telecommunications towers designed to look like light poles, mono-power poles or trees.
City of Winter Springs
Ordinance No. 2006-12
Page 2 of 18
Telecommunications tower shall mean a monopole tower constructed as a free-standing
structure greater than thirty-five (35) feet and no more than one hundred sixty-five (165)
feet in height including antenna, which supports communication, transmission or
receiving equipment. The term includes towers for the transmission or receiving
television, AM/FM radio, digital, microwave, cellular telephones, or sirnilar forms of
eieeironic communicaiion. i ne ierm exciudes radar iowers, radio suppon suuciures
licensed by the FCC, transportable communication devices, private home use of satellite
dishes and television antennas and satellite earth stations.
Whip antenna shall mean a cylindrical antenna that transmits signals in three hundred
sixty d~grees (360) degrees.
(b) Findings and intent. The city has with increasing frequeney recei~ed requests to
approve sites for telecommunications towers. Land development regulations have not
adequately identified specific procedures to address recurring issues relating to the
approval of locations for telecommunications towers. Therefore, it is the intent of this
section to address the recurrent issues pertaining to the approval of telecommunications
towers upon parcels located in the city. Accordingly, the city commission finds that the
promulgation of this section is warranted and necessary:
(1) To protect residential azeas and land uses from the potential adverse impacts of
telecommunications towers when placed at inappropriate locations or permitted without
aciequate controls and regulation consistent with the provisions of law;
(2) To minimize the adverse visual im~acts resulting from telecommunications towers
through sound and practical design, siting, landscape screening, and innovative
camouflaging techniques all in accordance with generally aeceptable engineering and
planning principles and the public health, safety and welfaze;
(3) To avoid potential damage to adjacent properties through sound engineering and
planning and the prudent and careful approval of telecommunications tower sites and
structures;
(4) To require shared use/co-location af existing and new telecommunications towers
(capability of having space for three (3) or more carriers) to avoid proliferation of
towers throughout the city. One (1) co-located position shall be reserved exclusively for
the use of the city;
(5) To ensure that location of telecommunications towers is consistent with the
provisions of the City of Winter Springs Comprehensive Plan, the East Central Florida
Regional Policy Plan, the state comprehensive plan as well as the provisions of state and
City of Winter Springs
Ordinance No. 2006-12
Page 3 of 1 S
federal law; and-
(6) To fix a fair and reasonable compensation, by resolution of the city commission, to
be paid to the city for the privilege to locate a telecommunications tower in the city and
defray the administrative costs of reviewing the applications. Also, a fee shall apply
separately to eaeh antenna user on the tower or other support structure. Fee rates shall
be renegotiable when contract e~piresi.-
~71 To discoura,ge new telecommunication towers and to encoura~e the use of existing
structures includinQ but not limited to, rooftops, sports li~ ,~utilit~poles, and
church steeptes for denloying.personal wireless service facilities; and
~81 To encoura~e the use of the lowest hei~ht technolo~~provide personal wireless
services includinQ, but not limited to, micro cell techrioloQV.
(c) Applicability.
(1) All new telecommunications towers and antennas in the city shall be subject to these
regulations and all other applicable regulations. For purposes of ineasurement,
telecommunications tower setbacks as listed in subsection ( fl(1) shall be calculated and
applied to facilities located in the city, irrespective of other municipal and county
jurisdictional boundaries. -
(2) All new communications antennas (i,e., stealth rooftop or building mounted
antennas) which are not attaehed to telecommunications fowers shall comply with
subsection (~(11).
(3) All telecornmunication towers existing on July 14,1997 shall be allowed to continue
their usage as they presently exist. Routine maintenance shall be permitted on such
existing towers. New construction other than routine maintenance on an existing
telecommunications tower shall comply with the requirements of this section.
(4) For purposes of implementing this section, a telecommunications tower that has
received city approval or building permit, but has not yet been constructed, shall be
considered an existing tower so long as such approval is current and not expired.
(d) Location, permitted uses and conditional uses.
~l ~All telecommunication towers shall complv with the followin dg evelopment
standards:
~iL Thev shall be located as far as technically feasible from properties that are
desi~nated residential on the City's Future Land Use or Zonin~Maps and shall comply
with all other applicable distance standards which are set forth in the citv code;
~ii) To the extent technicallv feasible, the lowest hei~ht technolo~v shall be
City of Winter Springs
Ordinance No. 2006-12
Page 4 of 18
incor_porated includin~ but not limited to micro cell technolo~v;
~iii~„Towers shall be erected to a hei,ght that is the minimwn hei~ht necessarv to
technicallv serve the a~vlicant's needs but not exceedme the lesser of one hundred
sixty five (165} or a hei~ht calculated based on a tower setback of one hundred twentv-
five ~12 ~ nercent of the tower hei ng t measured at ~rade from the base of the tower to
the closest residentiallv ~oned pronertv line:
~ivl The most effective stealth technology (includinQ stealth towersl sha11 be
incorporated•
~vl The location shall be the least visually intrusive location in the communitv:
(vil The nroposed tower shall be located in an area where the visual impact on th~
communitv is minimized to the Qreatest extent nracticable;
vii Antennas shall be close-mounted or concealed. However concealment shall be
~ncoura~ed and.preferred to the ~reatest extent practicable; and
~viiil The visual impact of all towers shall be reduced or eliminated to the maximum
extent,possible bv concealment camoufla~e and dis~uise.
(2) In addition to the st~ndards set fo~th in subsection (11 above the location of all
proposed telecornmunication tower sites shall be determined based unon a tiered zonine
syste~ S_pecifically a telecommunication tower shall be allowed as erther a nerxmtted
use or a conditional use depending, upon the location of the anplicable srte:
(i) Tier One. Telecommunication towers shall be a permitted use
at the following sites (see map
attachment Figure 1 dated Februarv 12, 2007 , ) subj ect to other
regulataons whieh may apply:
a. City of Winter Springs Wastewater Treatment Plant #1/West Plant.
b. Proximate area of the Seminole County School Board Consolidated Services Facility
(a/k/a Bus Barn).
c. City of Winter Springs West Effluent Disposal Sites: at the southeast quadrant of Site
~~j 8c1~ ~~t~?~ SORI~}let'Tl ~??mplztinn nnn~lc_
d. City of Winter Springs City Hall.
City of Winter Springs
Ordinance No. 2006-12
Page S of 18
(3r-i~ Tier Two. A telecommunication tower sha11 be considered a conditional use at the
followin~ locations nrovided the pro~osed tower complies with the standards of this
section and complies with the conditional use criteria set forth in 20-33 of the Crtv
Code:
a On propertv owned bv the Citv of Winter Sprin~s that is desi~nated nublic/semi-
public on the Cit~s future land use map; or
b On an existins commercial o~ industrial buildin~ not located or incornorated within
a sin leg family residential azea .provided the tower does not extend more than ten (10)
feet above the roof line of the building and the tower does not exceed the apnhcable
maximum hei~ht limitation in the City Code; or
c Within (enclosed) an existing church steenle or other type of existin~ structure
which exists for a primarv nurpose other than for personal wireless services._ It is the
intent of this subsection to take advanta~e of existin~ structures for nrovidinQ versonal
wireless services and not to allow the construetion of new structures for said numoses;
or
d U~pon existing, snorts lightin@~structures utilihi structures and water tanks, nrovided
the structure is not located within a sin~le famitv residential area the tower does not
extend more than ten (10~ feet above the t~ of the existinQ structure, and the tower
does not exceed the a~plicable maximum heig~ht limitation in the Citv Code; or
e On the site of th~ronosed Fire Station #3 which is to be located on the south side
of S R 434 in Tuscawilla Tract 15 Parcel 3(approximatelv 2 300 feet west of
Vistawilla Dri~e~ Said tower if apnroved shall not exceed one hundred twentv (1201
feet.
(iii) Tier Three If an applicantpresents to the ci competent substantial evidence
__.t,;~L .7~W,,,-~4..,:acn aL,.a T;_. /'~ !~ ny~ Ti°,i i~`vV'J IDCc.~iTO~iS ui~ ii^vi uvuii%avi~ vi
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technicallv feasible for the location of a tower, a telecommunication tower shall be
considered a conditional use on the followin~~nreferred sites which are listed in order
of preference The preferred sites shall be considered in the seauence listed below and
the a~plicant shall be rec~uired to demonstrate based on technical feasibilitv, that a more
preferred site is not available or suitable before requestin a~ lessor vreferred site:
City of Winter Springs
Ordinance No. 2006-12
Page 6 of 18
a Propertv which has a future land use desi~nation of Industrial.
b Pro~eriv which has a future land use desi~nation of Mixed Use and is vart of a
Development of Re~ional Imnact.
c Dense~ wooded or concealed areas limited to a~olf course and areas of propertY
which have been desig;nated conservation bxnemetual easement and on tt~e crtv's future
land use ma . If a new telecommunication tower is laced within trees or wooded areas
, ~ »~_ 1,.,7 1.., ~l,o .,,,n.~;,,n troac nr wnnl~P.l~ At'P_,aC t(1 ~tie lTla?C12T1L1II1
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extent.Qossible to minimize the visibility of the tower from anv road occunicd buildinQ,
and fairwa.y if located on a$olf course Trees can be existm~ on the sub ect ro,perly
or installed to meet the reQUirements of this subsection or thev can be a combmation
of both.
e Propertv which has a future land use desi~narion of Greenewav InterchanQe.
All other locations shall be rohibited. Further the construction of a tower for
s eculative oses shall be rohibited. For u oses of this code it shall be deemed
~rimae faeie evidence that a tower is bein~ built for sueculative purposes if the apnlicant
can not rovide with the a lication written evidence that one or more carners have
committed to locate on the proposed tower within three (3) months of the construction
of the tower for a period of at least five (5) vears.
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City of Winter Springs
Ordinance No. 2006-12
Page 7 of 18
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(e) Site plan A,p~lication• Technical Supportin~ Data.
~l,Z Any telecommunications company or entity that intends to install a
telecommunications tower in the city shall file a site plan for review and approval by the
city in aecordance with the city code All.proposed towers reauirin~ eonditional use
~~roval shail be reviewed bv the board of adiustment for comnliance with this section
and other applicable nrovisions of the citycode Upon review the board of adiustment
shall make a recommendation to the cit~commission of either approval annroval with
r(~n~li~l~nc flY ~PtL?~
u.;, ., u... ua.
~2) All anplications shall contain the information reQUired bv the Citv to process
apnlicable buildin~~permits aesthetic review~ursuant to section 9-600 et seq. of the crtv
code siteplan pernuts~,and any other reauired development nermits. Anplications shall
City of Winter Springs
Ordinance No. 2006-12
Page 8 of 18
be ~rocessed within the time frames reguired by law Additionallv at a minimum, the
follawin~ information shall also be provided bv the anulieant:
a. Name address telephone number and ori i~, nal siQnatures of the anplicant and all co-
applicants.
b Detailed descri~tion of the request.
c Location information includin~ le ag 1 description of subiect uronertv, narcel
identifieation,.geographie eoordinates and name of nearest roacis street adciresses, or
other landmarks.
d Scaled elevation and engineerin~ drawin~s depictinQ the pronosed tower and related
faeilities includin~ all mounts antennas colIocation spaces and eQUinment facilrties.
e A current propertv appraiser aerial delineatin~~the subiect prouertv, the nroposed
tower and related facilities within 1 000 feet of the proposed tower and facilities.
f For proposed towers within trees and wooded areas a tree survev identifvin~ the tvpe,
size (DBHI and height of existing and/or proposed trees within a 75-foot radius of the
pro.posed tower and related facilities.
~, Future land use and zoning desi~nation of the subiect nropertv.
h An~pplicable letters of approval for the proposed request received bv the applicant
from any other.g,overnment a~encv includin~ the FAA FDOT and FCC (if permitted
b law .
i Documentation of location and site selection process ineludinQ search ring, location
and sitin eriteria, alternative sites in the area and site selection methodolo~v.
i To the extent ~ermitted or required bv law ~ technical data mans and analvsis
showin~ the area to be served by the vroposed tower and nersonal wireless service
facilities and anv clairned ~aps in covera~e where the annlicant desires to ereet a tower.
In addition technical data and maps demonstratin~anv other vrovosed, existm~, and
authorized towers in the service area as the proposed tower and relate_d facilities.
k Docurnentation evidencing that one or more carriers have committed to locate an
antennae on the pro~posed tower for nuraoses of providin~ t~ersonal wireless services.
~31 The ~plicant shall ,provide a visual impact report that provides a line-of-si~ht
ana~sis includin~ scaled and colored front side and rear elevation drawmes or
photo~raphs that de,pict the pronosed tower and related facilities. The drawin~s or
nhotog,raphs sha11 also denict anv si rg ~ificant natural and manmade features that affect
the bufferin~ of the~otential visual impact of the proposed tower and related facilrties.
IJ op n recei~pt of the visual impact report the City mav require the apnlicant to conduct
a visual im.pact demonstration consistin~ of a minimum of two hour balloon test, which
shall demonstrate the maximum hei~ht of the proposed tower. The balloon test shall be
City of Winter Springs
Ordinance No. 200fr12
Page 9 of 18
scheduled with the Cit~y and representatives of the Cihi shall be uresent at the nrovosed
site for purposes of evaluatin~ t~he_test.
(41 For purposes of demonstrating technical feasibili~under this section 20-451, the
~plicant shall be re~uired to submit in co~unction with a site nlan anvlication and to
the extent permitted or required b~law technieal data indicatin~ that the pronosed
tower is the onlv technicallv feasible available site to assure telecommunications
services covera~e needs to area citizens. Further, such technical data not for
s~eculative untried teleeommunications uses but is for current technolo~v reco~nized
or a~proved for service area needs and market conditions under applicable state, federal
or local laws re~ulations or ordinances All such technical data shall be vrovided at
cost to the applicant The city m~ in~nroximate cases in its sole discretion, retain the
service of technical~v competent consultants to evaluate the data submitted bv an
~~licant to ~ustify an additional towe~ursuant to this section. The annlicant shall nost
a deposit with the citv manager or his desi~nee in a sur~ such that the annlicant for the
additional telecommunicafion tower pavs the full cost of technical review of such tower
~ citv's consultant.
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( fl Performance standards/design criteria.
(1) Setbacks.
a. Telecommunications tower setbacks shall be measured from the base of the tower to
the property line of the parcel on which it is located.
b. The setback requirements shall be a mini~num of ten (lU) feet from any lot line and
shall comply with setback requirements in this section or the City Code for setbacks
from acijoining uses.
(2) Separation of towers from off-site uses used to calculate maximum tower height.
Sepazation distances between telecommunications towers and the lot line of any
residential zoned property shall be used to determine the maximum height of a proposed
tower. The maximum height of any tower sha11 not exceed one hundred sixty-five (165)
City of Winter Springs
Ordinance No. 2006-12
Page 10 of 18
feet provided however that the distance from the tower base to the neazest lot line of
residentially zoned property shall be a minimum of one hundred twenty-five (125)
percent of the tower height.
(3) Measurement of height.
a. Measurement of telecommunications tower height shall include antenna, base pad,
and any and ail other appurtenances and shall be measured from the finished grade of
the pazcel on which the telecommunications tower is located.
b. Telecommunications towers shall not exceed one hundred si~ty five (165) feet in
height which shall include the antenna.
(4j Illumination. Telecommunications towers shall not be artificially lighted except to
assure human safety as required by the Federal Aviation Administration.
(5) Finished color. Telecommunications towers not requiring FAA painting/marking
shall be. of such color that will blend with the surrounding enviror~ment.
(6) Structural design.
a. Site plan(s) are required and shall be submitted for approval as defined in Chapter 20
Zoning (if applicable) and/or Chapter 9 Land Development, Code of Ordinances, City
of Winter Springs, Florida.
b. Telecommunications towers shall be constructed in aeeordance with the EIA/'I'IA
222-E Standazds as published by the Electronic Industries Assoeiation, whieh may be
amended from time to time, ASCE 7-95, "Minimum Design Load for Buildings and
Structures," (Wind Loads Chapter), as published by the Am~rican Society of Civil
Engineers, and further defined by ASCE 7-88, "Guide to the Use of the Wind Load
Provisions", both which may be amended from time to time, and all City of Winter
Springs construction/building codes as indicated in a statement signed, sealed and dated
by a professional engineer lieensed to practice in the State of Florida.
c. Such statement shall also describe the tower's capaeity, number and type of antennas
it can accommodate. No tower shall be perrnitted to exceed its loading capacity. For all
towers attached to existing structurss, the sta~ement sha11 include certification that the
structure can support the load imposed by the tower.
d. All new telecommunications towers, and those existing towers to be modified, shall
have the capability of having space for three (3) or more carriers. Upon request b~
Citv, 6 one of these spaces shall be reserved exclusively for the use of the City of
Winter Springs. Tower owners shall accommodate other antenna users on their towers.
City of Winter Springs
Ordinance No. 2006-12
Page 11 of 18
e. Further, any improvements and/or additions (i.e., antenna, satellite dishes, etc.) shall
require submission of a site plan signed, sealed and dated by a professional engineer
licensed in the State of Florida which provides substantial competent evidence of
compliance with the EIT/TIA 22~-E Standazds ASCE 7-95, "Minimum Design Load for
Buildings and Structures," (Wind Loads Chapter), as published by the American Society
of Civil Engineers, and further defined by ASCE 7-88, "Guide to the Use of the Wind
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of said improvement or addition.
(7) Public notice. Notice of any request, under this section, shall be published (in a
newspaper of general circulation) and personal notification shall be given to all properly
owners located within three (3) times the height ofthe tower area. Personal notification
shall mean notice sent by first class U.S. mail, and to the board of directors of duly
recogni~ed homeowners associations.
(8) Signage. No commercial signage or advertising shall be permitted on a
telecommunication tower unless otherwise required by law or the signage pertains only
to the posting of the property relative to trespassing. The use of any portion of a tower
or perimeter fence/wall for signs or advertising purposes, including company name,
banners, streamers, etc., sha11 be prohibited.
(9) Fencing.
a. A vinyl coated chain-link fence or masonry wall not l~ss than eight (8) feet in height
from finished grade shall be installed b}~ the applicant around each telecommunications
tower. Barbed wire or other fencing method to prevent pedestrian access to the tower,
not to exceed two (2) feet in height, shall be installed along the top of the fence or wall,
but shall not be included when caleulat,ing the height of the fence or wall.
b. Access to the tower through the fence or wa11 shall be through a gate which shall be
locked at all times the tower site is not being occupied by the person or entity in charge
of the telecommunications tower or site.
(10) Landscaping. The visual impae#s of atelecommunications tower shall be mitigated
for nearby viewers through landscaping or other sereening materials at the base of the
tower and ancillary structures in order to maintain visual aesthetics for those who must
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travelling public. The following landscaping and buffering requirements shall be
required around the perimeter of the tower and accessory structures;
a. A row of shade trees of minimum of eight (8) feet tall that will reach heights of foriy
(40) plus feet, two and one-half (2 1/2) inehes in caliper, and a maximum of ten (10)
City of Winter Springs
Ordinance No. 2006-12
Page 12 of 18
feet apart sha11 be planted around the outside perimeter of the fence/wall;
b. A continuous hedge shall be planted in front of the tree line referenced above; it shall
be at least thirty (30) inches high at plant~ng capable of growing to at least thirty-six (36)
inches in height within eighteen (18) months shall be planted in front of the tree line
referenced above;
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d. All landscaping shall be xeriscape tolerant and shall be properly maintained by the
telecommunications tower owner/operator to ensure good health and viability.
The use of existing vegetation shall be preserved to the maximum extent practicable and
may be used as a substitute or supplement towards meeting landscaping requirements.
(11) Antennas on buildings.
. , _ Stealth rooftop or
building mounted antennas may be erected. Any steal~h rooftop or building mounted
antennas which are not attached to a telecommunications tower, shall be a permitted
ancillary use to any commercial, industrial, public 6uildings, utility installation, and
recreation (sites greater than ten (10) acres in size) land uses indicated on the future land
use map of the city's comprehensive plan provided that:
a. Antennas shall only be permitted on buildings which are at least fifty (50) feet in
height (the height requirement may be waived if publie safety needs warrant the
antenna);
b. Antennas may not extend more than twenty (20) feet above the highest point of a roof
(this requirement may be waived if public safety needs warrant additional height);
c. Antennas and related equipment buildings shall be located or screened to minimize
the visual impact of the antenna upon adjacent properties and shall be of a material or
color which matches the exterior of the building or structure upon which it is situated;
d. No commercial advertising shall be allowed on an antenna or supporting structure;
e. No signals, lights, illumination shall be permitteci on an antenna or equipment
building unless required by the Federal Communications Commission (FCC) or the
Federal Aviation Administration (FAA): and
f. No more than one (1) total unrnanned equipment building shall contain more than
seven hundred fifly (750) square feet of gross floor area or be more than twelve (12) feet
City of Winter Springs
Ordinance No. 2006-12
Page 13 of 18
in height. All building shall be subject to regulations of the building department; and
(12) Equipment storage. Mobile or immobile equipment not used in direct support of
a telecommunications tower facility sha11 not be stored or parked on the site of the tower
unless repairs to the tower are being made, and are in progress.
(13) Schedule of structural integrity. Telecommunication tower owners/operators shall
submit to the building department a certified statement from a q_ualified, registered,
professional engineer, licensed in the State of Floricia, attesting to the struciural and
electrical integrity of the tower on the following schedule:
a. All towers examined one year after initial construction.
b. All towers every five (5) years;
c. The city may require such certified statement after a nearby unusually severe storm
event as determined by the (NOAA) national weather service.
(14) Transmission/reception interference. Each application to allow construction or
modification of a telecommunications tower shall include a certified statement from a
qualified, registered, professional engineer, licensed in the State of Florida, attesting that
the construetion of the tower, including receiving and transmitting functions, shall not
interfere with public safety communications and the usual and customary transmission
or reception of radio, television, etc., service enjoyed by adjacent residential and non-
residential properties.
(15) Prohibitions with certainprincipal uses. Telecommunications towers are prohibited
when a proposed or existing principal use includes the storage, distribution, or sale af
volatile, explosive, or hazardous wastes such as LP gas, propane, gasoline, natural gas,
and corrosive or dangerous chemicals. This prohibition does not applv to emergency
generators.
(g) Co-location of communications antennas. The City of Win~er Springs desires to
minimize the number and general proliferation of communication towers. This section
is intended to insure that telecommunication towers that are permitted within the City
of Winter Springs aze utilized in a manner that provides for the ma~cimum number of
service providers upon each tower within the context of technical feasibility and safety.
Further, this section is intended to minimize the number of such towers within the city.
Specifically, as a minimum, telecommunications towers exceeding one hundred (100)
feet in height shall be engineered and constructed to accommodate three (3)
communication providers. The city shall have the authority to require, specify and
otherwise stipulate that telecommunication towers be engineered and constructed in a
City of Winter Springs
Ordinance No. 2006-12
Page 14 of 18
manner that provides for three (3) co-locations as part of the conditional use and/or site
plan approval processes. As a condition of approval of all telecommunieation towers
and to the extent that co-location is technically feasible, all owners of existing
telecommunication towers shall, upon request of another service provider and for
reasonable and agreed upon consideration, permit additional communication service
providers upon such existing telecommunication tower. Applicants desiring to construct
new telecommunication towers shall submit written documentation that cleazly explains
the need for and reasons for the proposed construction of a new telecommunication
tower rather than locating proposed antenna array/communication equipment upon an
existing tower. Such documentation shall include plans of existing and future towers by
the applicant/provider in question, correspondence with existing telecommunication
tower owners and may include a cost analysis of alternatives. Existing service providers,
e.g., existing telecommunication tower owners, that are unwilling, upon request of
another service provider, to allow co-location upon such existing tower, shall submit
written documentation to the city with reasons and justification as to why such co-
location cannot be accomplished. Competition between service providers shall not be
considered to be a valid reason for preventing or otherwise obstructing co-location. The
city shall determine whether the applicant and/or existing provider are reasonable and
correct in their respective assertions. If the city determines that either party is being
unreasonableor otherwise uncooperative, the city shall deny the applicant's request for
a new tower and/or the city may cause the existing telecommunication tower's approval
to be revoked and said existing tower to be removed. Such determination involving
existing tower owners shall be made in writing and adopted by a majority vote of the
city commission upon holding an advertised public hearing a~~t notification of the
owner at least fifteen (15) days prior to such hearing. Upon adoption of such
determination by the city commission, the existing tower owner and the property upon
whieh such tower is located shall be considered to be a violation of the city's Land
Development Regulations and shall be subjeet to any and all remedies and penalties
thereof.
To minimize adverse visual impacts associated with the proliferation and clustering of
telecommunications towers, co-location of communications antennas by more than one
(1) carrier on existing or new telecommunication towers shall take precedent over the
construction of new single-use telecommunications towers as follows:
~~l PrppqS~~ COIllmitni~atinnc antPnn~c chall ~n-1n~atP pntp ~X2S#2I??
telecommunications towers.
(2) Type of construction. A telecommunications tower which is reconstructed to
accommodate the co-location of an additional communications antenna shall be of a
monopole tower type. Stealth-designed monopoles are encouraged.
City of Winter Sptings
Ordinance No. 2006-12
Page 15 of 18
(3) Height. An existing telecommunications tower may be modified or rebuilt to the
allowed height including antennas by compliance with this article;
(4) Onsite-location.
a. A Telecommunications tower which ~s being rebuilt to accommodate the co-location
of an additional communications antenna may be moved onsite, but shall comply with
nr m,a~v:m~~P gPtha~l~ rPnnirPmentc frnm rP~~rlPntiail~ ~nnar~ rrnYPrt~ ,
.1.....,.~......,.
b. After a telecommunication tower is rebuilt to accommodate co-location, only one (1)
tower shall remain on the site;
(h) Certification of compliance with Federal Communications Commission (FCC) NIER
Standards. Prior to receiving final inspection by the Winter Springs Building
Department, documented certification shall be submitted to the FCC, with copy to the
land development coordinator, certifying that the telecommunications facility complies
with a11 current FCC regulations for non-ionizing electromagnetic radiation (NIER).
(i) Abandonment.
(1) In the event the use of any telecommunications tower has been discontinued for a
period of one-hundred eighty (180) consecutive days, the tower shall be deemed to be
abandoned. Determina~ion of the date of abandonment sha11 be made by the building
official who shall have the right to request documentation andlor affidavits from the
telecommunications tower owner/operator .regarding the issue of tower usage. The
telecommunications tower owner/operator shall provide all requested information within
ten (10) working days of a request being made, and failure to so provide shall be
deemed to constitute one hundred eighty days (180) days of non-use of the tower. Upon
such abandonment, the owner/operator of the tower shall have an additional ninety (90)
days within which to:
a. Reactivate the use of the tower or transfer the tower to another owner/operator who
makes actual use of the tower; or
b. Dismantle and remove the tower. With regard to towers that received conditional use
approval, ninety (90) days after dismantling or the expiration of the two-hundred
seventy (270) day period as set forth in this section, the conditional use and/or variance
ior ihe iower shall automaiicaliy expire.
(2) The City of Winter Springs, upon abandonment, and at its discretion, may assume
ownership of the tower at no cost, or require the owner to dismantle the tower at the
owner's expense. If the decision is to dismantle the tower, the property shall be cleared
of all appurtenances and returned to its natural state.
City of Winter Springs
Ordinance No. 2006-12
Page 16 of 18
(3) An appropriate sureiy instn~ment to assure dismantling costs shall be provided by
the owner prior to a tower construction permit.
Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
llll.~ll$1.St~ntOl~111Qi1~.GJ Ai1LLlt'.$viuiiviiu uuvy~~u vy iii°v v:~j~ rvm~.m..:.~,$.~n~ n~ ~~1't~ nf~1'1llfllTl~/ilal'1(:P.R
and resolutions in conflict herewith, aze hereby repealed to the extent of the conflict.
Section 4. Incor~oration Into Code. This Ordinance, including Figure 1 which is
attached hereto and fully incorporated herein by this reference, shall be incorporated into the Winter
Springs City Code and any section or paragraph, number or letter, and any heading may be changed
or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like enors
may be conected and additions, alterations, and omissions, not affecting the construc#ion or meaning
of this ordinanee and the City Code may be freely made.
SecYion 5. Severabilitv. If any section, subsection, sentence, clause, phrase, word or
provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall
be deemed a sepazate, distinct and independent provision, and such holding shall not affect the
validity of the remaining portions of this Ordinance.
Section 6. Effective Date. This Ordinance shall become effective immediately upon
adoption by the City Commission of the City of Winter Springs, Florida, and pursuant to City
Charter.
[ADOPTION PAGE FOLLOWS]
City of Winter Springs
Ordinance No. 2006-12
Page 17 of 18
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on the 12th day of February, 2006.
~. ~~~~~
, ~_.^__ __
J(j1i1~ r . ~f U ~ri, MayQ~r
V
LORENZO-LUACES, City Clerk
Approved as to legal form and suffciency for
the City 'nter Springs Qnly:
ANTHONY . GARGANESE, City Attorney
First Reading: January 22, 2007
Second Reading: February 12, 2007
Effective Date: February 12, 2007
City of Winter Springs
Ordinance No. 2006-12
Page 18 of 18
ATTACHMENT C
CONSUL7'ING ENGINEERS
ARTHUR K. PETERS
RADIO
TELEVISION
CATV
COMMON CARRIER
(352) 331-0149
FAX: (352) 331-8026
5422 NW 91 ST BOULEVARD
GAINESVILLE, FLORIDA 32653-2872
April 17, 2007
Mr. Ronald W. McLemore
~;+„ ~ ~,,..,,,.,..
v~iy rvia~ iayci
City of Winter Springs
1126 East State Road 434
Winter Springs, FL 32708
Dear Mr. McLemore:
~~~~~~~~
APR 2 6 2007
~~fy (,?i~ !MNfip~E~sR~ SPRINGS
~E~ERpAFCCE
www.akpce.com
akpce~cox.net
This is in response to your request for information concerning (1) the experience that the City of
Medina, Washington is having with disguise and stealth cellular technology, and, (2) will similar
technology work in Winter Springs.
The City of Medina is small, with a population of about 3000 persons, a land area of 1.43 square miles
and a water area of 3.35 square miles. Its, population and area is ten times smaller and its tree density is
much lower than Winter ~prings. Finally, Medina's terrain undulations are approximately similar to
Winter Springs except near the water where the land abruptly falls to sea level.
I spoke with Ms. Rebecca Leslie, a planning consuitant to the City, and with Mr. Joseph Gellings,
Director of Development Services. The City regulates Wireless Communications Facilities in Title 17,
Chapter 90 of its Municipal Code.
A feature most pertinent to this analysis is that Medina overall tower heights are restricted to 35 ft.
above ground, including all antennas. This restriction has given rise to a number of different tower
configurations. For example; one tower is a relatively thin pole-like structure. Another is disguised as a
light pole in a church parking lot. Another has recently been rebuilt using a fatter, shrouded cylindrical
tower. Co-location is encouraged on a~i towers. Some ground facilities are placed inside of in-ground
vaults having an above ground height of-about 5 inches.
Medina has seven cellular towers. The spokespersons knew of few service problems. At present four
providers serve Medina over the seven towers. This impiies that not all potential providers have physical
facilities in the City. It is believed that each tower supports a single provider. There are three cities
adjacent to Medina that likely have cell sites that provide service into Medina, possibly including
providers having no sites within Medina.
Since Medina celis use regular cellular equipment, there are no special technical issues relating to
disguise and stealth antennas. Only physical mounting and shrouding considerations differ between
normal and disguised facilities. For example, regular antennas mount to fake trees that hide the
antennas behind non-conducting fake leaves or needles. Also, regular antennas are used behind
shrouds within a lighting standard extension or a fiagpole.
Because standard technology is employed in Medina, similar technology will work in Winter Springs.
However, due to the dissimilar size and population of the two cities, several important considerations
must be examined before employing the Medina experience.
Page 2
Mr. Ronald W McLemore
April 17, 2006
Most importantly, according to the Medina spokespersons, stealth and disguise facilities do not totally
hide cellular facilities and antennas, except in cases such as bell towers and the like. My personal
experience is that, for example, a tail bell tower or tall fake tree are almost as visually objectionable as
monopole towers because they can be foolishly out of scale and, as a result, more visible in some
locations and circumstances.
Another consideration is the number of towers required. In Medina there are seven towers in an area of
1.3 square miles for a tower density of 5.3 towers per square mile. If consideration is given in Winter
Springs to a 35 ft. maximui-n height then, for the tyrical number o~ providers ~n Flo!ida, three more
providers must be accommodated. At 35 ft. it is doubtfu~ that there would be any collocations.
Therefore, the tower density wouid rise in Florida to 10 towers with a density of 7.7 towers per square
mile. The Winter Springs area currently requiring improved coverage has a radius of about one mile
covering an area of about 3.1 square miles. It could require 24 towers to cover that area with 7
providers using 35 ft. towers. This includes both 800 MHz and 1900 MHz systems.
If towers were allowed 70 ft. heights the numbers would decrease both because of greater range and a
few collocations might occur. Even with this height increase the number of towers could, in this case,
require 6 or more towers. There is also the issue that quite possibly the providers will do nothing further
in Winter Springs because of the expense of multiple towers and celi site equipment.
I recommend some consideration be given to the utilization of a single, relatively thin cylindrical
(uniform cross-section) monopole structure that houses antennas and transmission lines inside a non-
conducting shroud. These structures seem to be less visualiy distracting and perceptually fade into the
background noise rather quickly. The finish should be non-reflecting and have a pleasant, neutral gray
color, as opposed to white or black. This type of structure has been termed a flagpole, but when used
as an actual (white) flagpole, is usually offensively out-of-scale.
Finally, as an update to my March, 2006 report, there has been little progress of cellular alternative
technologies. There are a few standards being voted on in the next months that will lead to the
development of dual mode service that is aimed at seamlessly merging Wi-Fi and cellular services.
However, current plans for these services revolve around computer centric operations such as short
messages, images and e-mail. While there is mention of voice services and efforts to inciude voice in
the initial standard processes, convenier~t and ffuid cellular-like voice services are still years in ihe fuiure
because there have been no viable suggestions or proposals relating to managing transfer of calls
between Wi-Fi networks and the public switched telephone (cellular) network.
Sincerely,
Arthur K. Peters, P.E.
Via Faosimile and USPS
` ~ ATTACHMENT D
CITY OF WINTER SPRINGS
COMMUNITY DEVELOPMENT DEPARTMENT
1126 STATE ROAD 434
WINTER SPRINGS, FL 32708
407-327-5966
FAX:407-327-6695
BOARD OF ADJUSTMENT APPLICATION
~l CONDITIONAL USE / SPECIAL EXCEPTION
^ VARIANCE
^ WAIVER
APPLICANT:
Last ~ , First " , Middle
MAILING ADDRESS:
PHONE & EMAIL ~~DA~iz_ -~~1~ ~J'r-4'1( ng ~ CI.~Cal1~2U-Z Anuc a2+ i„nk. ne-~
~Ca~hRar~-(~~3)q2$-Q4o3 /a~~.cachKan~fav~e~.~al.~.~^^
If Applicant does NOT own the property:
PROPERTY OWNER: ~I~TC.Q JYJ A.1 nG~S C a It'~ Ll.~
Last First Middle
MAILING ADDRESS:
PHONE & EMAIL
-Ke L=~n~dne~ -( 4Dh ) 3l~tn- ~ gS I J n~t~aad~e2(W-I~uscaw- ~~acc~ eo~
~-
This request is for the real property described below:
PROPERTY ADDRESS: ~~ dtU I~17 eR J~(L I NtGS~I1Id ~ W 1/iTe2. ~Va ~ nG~ ~ t. -32 7~g
TAX PARCEL NUMBER: .'3 I- eZ D- 3 I- J'~ B~ - Z~ D~ L~ ~ QC1Q A
SIZE OF PARCEL: ~,pTlo~L~~~. ~ ~J4D , ~ C~C ,
Square Feet Acres
EXISTING LAND USE: ~~OIT~ COl1QS~
Current FUTURE LAND USE Classification: ~~(ATl I]{1 W i`~'Y~~l.~ ~ Ve~_
- ~
Current ZONING Ciassification:~eCQC:~Tl~0~1 vV-~~~,~.iJ p~QQ~Q~I
Please state YOUR REQUEST:
~~~~~~~~
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Match 2005
CI'lY QF WINTER SPRINGS
Permitting - Kim
The APPLICANT IS RESPONSIBLE for posting the blue notice card (provided by the City) on the site at
least SEVEN (7) DAYS prior to the Board of Adjustment Meeting at which the matter will be considered.
Said notice shall NOT be posted within the City right-of-way. All APPLICANTS shall be afforded minimal
due process as required by law, including the right to receive notice, be heard, present evidence, cross-
examine wimesses, and be represented by a duly authorized representative.
The CITY COMMISSION shall render all final decisions regarding variances, conditional uses and waivers
and may impose reasonable conditions on any approved variance, conditionai use or waiver to the extent
deemed necessary and relevant to ensure compliance with applicable criteria and other applicable
f.l_ _ • J/~_ 1 .1_.~'_"_ 11 t__ L,-__J _~
piuvi~iuii~ u~ uiC i.iiy Cuue atiu wtn~rreuei~sive Flau. r"1i1 formal uc~t~iuii~ sltau uc ua~ru vu coiiij;ciciii
substantial evidence and the applicable criteria as set forth in Chapter 20, Zoning. APPLICANTS are
advised that if, they decide to appeal any decisions made at the meetings or hearings with respect to any
matter considered at the meetings or heazings, they will need a record of the proceedings and, for such
purposes, they will need to insure that a verbatim record of the proceedings is made, at their cost, which
includes the testimony and evidence upon which the appeal is to be based, per 286.0105, Florida Statutes.
Any CONDITIONAL USE, VARIANCE, or WAIVER which may be granted by the City Commission shall
expire two (2) years after the effective date of such approval by the City Commission, unless a building
permit based upon and incorporating the conditional use, variance, or waiver is issued by the City within
said time period. Upon written request of the property owner, the City Commission may extend the
expiration date, without public hearing, an additional six (6) months, provided the property owner
demonstrates good cause for the extension In addition, if the aforementioned building permit is timely
issued, and the building permit subsequently expires and the subject development project is abandoned or
discontinued for a period of six months, the conditional use, variance or waiver shall be deemed expired
and null and void. (Code of Ordinances, Section 20-36.)
THE FOLLOWING ITEMS ARE TO BE SUPPLIED WITH THIS APPLICATION:
~ A copy of the most recent SURVEY of the subject property.
~ A copy of the LEGAL DESCRIPTION reflecting the property boundaries.
~ 11 x 17 MAP showing ADJACENT STREETS and ZONING AND LAND USE classifications
on the ADJACENT PROPERTY.
5~ JUSTIFICATION for the Request (See Attached List)
~ NAMES and ADDRESSES of each property owner within 150 ft. of each property line. ~ 3~'j Mt S`I'I1e ~l~ ;~~j~-~
i~ `1~e ~o~nl~.2 ~ ~5 ~f ~'• ~
l~ Notarized AUTHORIZATION of the Owner,
!F the Rp~licant 9s oth~r than the Owner or Attorn~y for the O::~n~r (see beloN:).
@~ APP~ICATION FEES:
FEES are as SHOWN BELOW plus ACTUAL COSTS incurred for ADVERTISING or NOTIFICATION,
and for REIMBURSEIv~NT for TECHMCAL and/or PROFESSIONAL SERVICES which may be
required in connection with the review, inspection or approval of any development (based on accounting
submitted by the City's Consultant) , payable prior to approval of the pertinent stage of development.
CONDITIONAL USE / SPECIAL EXCEPTION $ 500
WAIVER $ 500
VARIANCE $ 500
TOTAL DUE $ OD ~'
2
Mazch 2005
Qy sut~mitting ihis applicalion yau hereb}~ arant temparary tight o1' en[rv for ci~y officials to enter upat the subject
gropetty POr purpc~ses of ec~aluating t(tis ap~lieatic~rti.
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FOR USE WHEt1 APPL.IGANT IS OWM1IEFZ OF THE SUBJECT REAL PROPERTY:
This is tn cettify that I am the du•ner in fee simple of subject [ands described within this Application fQr
Baard o~Adjnstment consideration:
Signature of Qwner
Sworn to and subscribed before ine this
day of 20_~. Notary Public
tit~= Commission expires:
Personally Known
Produced Identificatic~n:
(Type)
~id take an Oath
Did Not take and Oath
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~ FOR USE WHEN APPUCANT ~S NOT QWNER OP THE SUBJ~GT REAL PROPER7'Y:
I~i~ G i p~ ~~rr- ~ do hereby, with my notarized signature, a(law
V~ r r,~ Y ~~~~ 7~ m A n r~ T T t' t~ represent me in this Application retated to my praperty. T[~e
propeciyisidentifiedas: TaxParce.I7~utnbe~{s) 31-20-3~-SBB-OOQO-004A
Locatedat I ~00 WINTER SPRIIVGS ~3
Signature af O~v er(s)
Sz~o n to and subseribed before me this
~ day of ~~~_ 24Q 7 .
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CONDITIONAL USE PERMIT REQUEST
Taken from Winter Springs Code of Ordinances, Sec:tion 20-33(d):
All Conditional Use recommendations and final decisions shali be based on the
following criteria to the extent applicable. Attach additional paper as necessary:
l~] What is the Conditional Use you are requesting?
150' flagless flagpole-type wireless telecommunications stealth tower and
associated ground equipment ("the wireless facility").
~1 How is the Conditional Use (including its proposed scale and intensity,
traffic- generating characteristics, and offsite impacts) compatible and
harmonious with adjacent land uses?
The wireless facility is proposed to be located on a 140.5 acre parent tract
developed as a golf course. The size of the parent tract itself absorbs most, if not all, of
any adverse visual impact from any offsite residential uses. Additionally the proposed
wireless facility has been located on the parent tract abutting a mature tree canopy so
as to provide additional buffering and screening from offsite uses. The proposed
wireless facility, at full capacity, will only generate approximately 8 vehicle trips per
month.
~l Will the Conditional Use adversely impact land use activities in the
immediate vicinity? If no, why not'?
No. The proposed wireless facility will neither adversely impact the recreational
uses on the parent parcel nor will it adversely impact off-site residential uses.
[~l Demonstrate how the size and shape of the site, the proposed access and
internal circulatio~, and the design enhancerr~ents are adequate to accommodate
the proposed scale and intensity of the conditional use requested. The site shall
be of sufficient size to accommodate design amenities such as screening buffers,
landscaping, open space, off-street parking, and other similar site plan
improvements needed to mitigate against potential adverse impact~s of the
proposed use.
The proposed wireless facility is proposed to be a 70' by 70' foot compound, the
minimum size necessary to accommodate 7 carriers on the facility. The height
proposed, 150', is also the minimum height required to accommodate 7 carriers. The
stealth design of the wireless facility mitigates any adverse visual impacts. The
compound will be fenced and screened according to the land development code. The
proposed wireless facility has been placed on the parent tract so as to maximize the
screening and buffering of existing mature vegetation. The site requires no off street
parking.
ORLA_439939.1
C~ Will the proposed use have an adverse impact on the local economy,
including governmental fiscal impact, employment, and property values? If no,
why not?
No, the proposed wireless facility places no demand on city services, displaces
no one, and will have no impact on property values.
Will the proposed use have an adverse impact on natural environment,
inciuding air, water, ana noise poiiuiion, vegeiaiion anci wiiciiife, open space,
noxious and desirable vegetation, and flood hazards? If no, why not?
The proposed wireless facility does not require sewer or water, creates no odor,
noise, or flood hazard, nor will create any adverse impact on vegetation or wildlife.
~l Will the proposed use have an adverse impact on historic, scenic and
cultural resources, including views and vistas, and loss or degradation of cultural
and historic resources? If no, why not?
There are no historical or cultural resources nearby.
[~ Will the proposed use have an adverse impact on public services, including
water, sewer, surface water management, police, fire, parks and recreation,
streets, pubic transportation, marina and waterways, and bicycle and pedestrian
facilities? If no, why not?
No, the proposed wireless facility creates little or no demand on public services.
The unmanned facility does not need water or sewer, and creates no parking, traffic, or
other transportation issues.
C~l Will the proposed use have an adverse impact on housing and social
conditions, including a variety of housing unit types and prices, and
neighborhood quality? If no, why not?
The proposed wireless facility is to be placed on a parent tract that is already
developed as a golf course. The surrounding lands are also already developed with
residential uses No adverse impact is expe~ted. The proposed wireless facility will,
however, greatly enhance the ability of the wireless industry to serve the ever increasing
demands and needs of the adjacent residential uses.
2
ORLA 439939.1
AFFIDAVIT
STATE OF FLORIDA
COUNTY OF HILLSBOROUGH
BEFORE ME, the undersigned authority, personally appeared Alan Ruiz, President,
Vertex Development LLC, who being by me first duly sworn, under oath, deposes and states as
follows:
1. I am over eighteen (18) years of age and have personal knowledge of the matters
contained herein.
2. I am the President of Vertex Development LLC and have the authority to sign this
affidavit.
3. The construction of the tower located at 1500 Winter Springs Boulevard, Winter
Springs, will accommodate Co-Location of additional antennas for wireless service
providers or users.
4. Based upon Vertex's search of the area, no existing Telecommunications Tower,
Alternative Tower Structure, building or other structure is located within T-Mobile's
geographic search area.
5. Based upon Vertex's search of the azea, government-owned property is not available
within the T-Mobile search area for the Wireless Communication Facility.
6. Vertex, and/or its successors and assigns, hereby agree to a11ow the shared use and
Co-Location of the Tower, if additional user(s) agree in writing to meet reasona.ble
terms and conditions for such shazed use.
FURTHER AFFIANT SAYETH NOT.
Alan Ruiz, President
Vertex Development LLC
COUNTY OF HILLSBOROUGH
STATE OF FLORIDA
This foregoing ' strum was acknowledged before me this ~*day of ~~ ~
, 2007, by ,~~G/1 tr r Z , who is personally known to me or
produced and w o e an o .
WITNESS my hand and off'icial seal, this~G _Y'~'day of 2007.
Notary Pub
My Commission Expires:
~~~`""~ AMY A. COCHRAN
_ ~~... ;`w,
_. E Commission N DD 417630
'* ` My Commissioa Expires
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May 23, 2007 'F~~~:~Ky=Y~i;t~~~
ver~~ort wirel ess
a~.ry-M..~:,:.
Verizon Wireless
To: Amy Cochran s~ae sooto Roaa
Vertex Development, LLC Boca Ratan, FL 33431
40~ South Dalc Mabry High~~~ay,
. #244
Tampa, FL 33609-2820
Re: Proposed Ta~ver Collocation, Tuscafvilla Site ID# $Q321 at Winter S~rings, FL.
Dear Amy:
Thank you for infoi~ming Verizon Wireless of tt~e proposed tawer ihat Vertex Development is
planning to build at 1.500 Winter Springs Blvd., Winter Springs Florida 327o8. Verizon ~~/ireless
has determiaied that it has a need for additional coverage and/or capacity that could be served by
a collocation on the proposed communications tower. I will be contacting you to discuss your
proposed site in more detail and to obtain periodic updates as to your progress to obtain fiiiat
zoning approval.
Verizon VVireless will consider entering into a collocation agreement with Vertex Develapment,
LLC to collocate on the proposed tower to the extent that Vertex Development, LLC obtains all
necessary gavernn~ental approvals, and assuming that the parties can come to terms on a
collocation agreement with terms and conditions acceptable to Verizon Wireless.
This letter is not a commitment by Verizon Wireless to enter into a collocation agreement, and
this letter should not be relied upon by Vertex Development, LLC in that regard, A binding
agreement for the lease of any tower space from Vertex Development, LLC shall not exist until a
final, definitive, and fully negotiated collocation agreement has been fully executed and
delivered. 1=urtl~er, it is understood by all parties that Verizon Wireless reserves the right to
simultaneously negotiate ~r~~ith other tandlords for sites in the immediate geographical area in
which the above described proposed cornmunications tower is to be located; and there is no
assurance whatsoever that Verizon Wireless wi1.1 conclude a deal for the above described
proposed communications to~uer unless and until a collocation agreement is fully executed and
delivered.
Cordially,
. ' { . ;-,, ,; ~:._,,.
;~~~ f ,. ~ % / ~.
~; c ~~1.~~!'G~.-
;%Josep Conde, Real ~state and Construction Manager
cc: .lason Hillenbrand, Project Manager
01/00t00 12:00A P.001
TOWER LEASE WITH OPTION
THIS TOWF1t I.EASE WfTH OPT'ION (this "I,ease") is by and between Vertex Development, LLC, a Delaware
limited liability coct~any ("Landlord"} and T-Mobile South LLC, a Delaware Limited Liability Company (°Tenant"}.
1. Oation to Lease.
(a} In cansideration of the payment of ~ ~ (the "Opiion Fee") by Tenant to Landlord,
Landiord hereby grants to Tez-ant an option to lease the use of a portion of the real property described in the aYtached Exhibit A
(the "Propert~'), together with the right to use the tower located thereon ('"fower'~ on the terms and conditions set forth herein
(the `Option"). The Option shail be for an initia! te~m of tweive {I2) months, comtnencing on the Effective Date (as defined
below) (the "Option Period'~. The Optian D°^^~ ma~ hP Pxtended bv Tenant for an additional six (6) manths upon writien
notice to Iandiortl and payment of the sum o. • j("Additional Option Fee") at any t~ prior to the
end of the Optioa Period.
(b) Ihuing the Option Period and any exbension ther~of, and durmg the term of this Lr~e, Landlord agrees to
cooperate with Tenant in obtaining, at TenanYs expense, alI licenses and perniits or authori~alions reqitired for TenanCs use of the
Premises {as defined below) from all appiicabte govemmeret ~d/or regulamry entities (inciuding, without timitation, wning and
Iand use authorities, aad the Federal Communications Commission ("FCC") ("Govemmental Approvals"), including appointing
Tcnant as agent for all land use and wning permit applications, and Landlord agrtes to cooperate with and to allow Tenant, at no
cost to Landlord, to obtaip a tide report, zoning approvals and variances, land-use perrnits, and Landlord expressly grants to
Tenant a right of access to the Property to perform surveys, soils tests, and other tngineering procedures or environmentat
investigations on ihe Praperty necessary to determine that TenanYs use of the Premises will be compatible with Tenant's
engineering specifications, system design, operations and Govemmental Approva}s. Notwithstanding the foregoing, Tenani may
not change the zonB-g classificarion of the Property without firs# obtaining Landlord's written consent During the Option
Period and any c^actension thereo~ Landlord agrees that it wil] not interfere with 'Fenant's efforts to secure other licenses and
permits or authori2ations that relaie to other property. During the Option Period and any extension thereo~ Tenant may euercise
the Option by so notifying Landlord in writing, at Landlord's address in accordance with Section 12 hereof.
(c) If Teaant e~cercises thc Option, then, subject to the following tertns and conditions, Landlord hereby ]eases to
Tenant the use af that portian of the Tower and Property, together with easements for access ~d utilities, generally described and
depicted in the attached ~x}ubit B(collectively referred to hereinafter as the "Pranises'~. The Prunises are Iacated at I500
Winter Springs BIvd, Winter Springs, FL 32708. 'Tenant's location on the Tower shall be at the 15S (cvel of the approved
structvre.
2. ~'I~e initial term of t6e Lease si-alt bs seven {7) years commencing an the date of exercise of the Option (the
"Cammencement Daie'~, and terminating at midnight on the last day of the initial tetm (the "Initial Term'~.
3. Pemu~d Use. The Premises may be used by Tenant for the transcnission and receptian of radio communication
signals and for the construation, installation, operation, maintenance, repair, r~ertwval or rtplacement of related faciiities, towe~
and base, antennas, micmwave dishes, cquipnxnc shelters and/or cabinets and relaied activities. Approved Equipment is shown
on ihe attached xhibit .
4. ~s . Tenant shail pay LandTord, as rent , per month
("Rent"). Rerrt shall be payable within twenty (20) days following the Commencement Date prorated for the remainder of the
month in which tfie Caam~encement I?ate falls and thereafter Rent wiil bc payable manthly in advance by the fifth day of each
month to Vertex Developinent, I.I.C at Landlord's address speci5ed in Seation 12 below. If this I,ease is terminated at a time
other than on the last day of a montU, Rent shall be prorated as of the date of Dermination for any reason (other than a default by
Tenant) and all prepaid Rent shall be imrr~ediateIy refunded to Tenant
5. Renew . Tenant shal] have the right ta extend this Lease for four (4} additional, five-year tern~s (ear1~ a"Renewal
Term"). Each Renewa] Tum shall be on thc same terms and conditions as set forth herein, except that Reai shall be inczrased by
.••_, of the Rent paid over the preceding term. This Lease shall autamaTically renew for each
successive xenewat '1'eim untess Tenant notifies Landlord, in writing, af Tenant's intention not to renew this Lease, at least sixty
(60} days prior to the expiration of the Initial Terrn or any Renewal Term If TtnanE shaIl retrrain in possession of the Premises at
the ezpiration of this Lease or any Renewal Term without a wriaen agreement, sucb taiancy shall be decmed a manth-to-month
tenancy under thc same ter~ns and wnditions of this Lcase.
6. Interf'erence. Tenant shall not use thc Premises in any way which interferes with the use of the Property by
Landlard or lessees or iicensees of Landlard, wit6 rights in the Property prior in time to Tenant's (subject to TenanYs rights under
this L.ease, including, withoui lurutarion, non-interference). Similarly, Landloid sha11 not use, nor shall T.andlord permit irs
lessees, licensees, employe.es, invitees or agenu to use, any portion of the Property in any way wb.ich interferes with the
svex~¢nber: Fwsze ve~ionla2-0I
Sioe Name: N. TuSkawALi
Muket Orlando
01100l00 12:00A P.002
""' _._i
operations of Tenant. Such interference shall be deemed a material breach by the interfering party, who sha(I, upon written
notice from the other, be responsible for terminating said interference. In the evenc any sueh interference does not cease
promptly, the parties acl~owledge that continuing interference may cause irreparable inj ury and, therefore, the injured party shall
have the right, in addition to any other rights that it may have at law or in equity, to bring a court action to enjoin such
interference or to tertninate this Lease immcdiately upon written notice.
7. Improvements: Utilities: Access.
(a) Tenant shall have the right, at its expense, to erect and maintain on the Premises improvements, personal property
and facilities necessary to operate its communications system, inctuding, without (imitation, radio transmitting and receiving
antennas, microwave dishes, tow•er and base, equipment shelters and/or cabinets and related cables and utility lines and a location .
based system, including, wzthout limitation, antenna(s), covcial cable, base units and other associated equipment (collectively,
rl~... 'A.,`o F~..:l~~:o~~~l rl~,~ ~~~Mt:n.. {~~5`~ rS:~m ~a r}r~ r~ni~~~P~ }~v anv rniiniv ctato nr fnrlPral aorn~vlriPnartmrnt
. .. . ~.. ..~...~. «~.~ a a~. ~~ .r..~. $j »} R J J J~ - _o"'_~. r
Tenant shall have t6e right to alter, replace, expand, enhartce and upgade the Antenna Facilities at any time during the term of
this Lease. Tenant sha11 cause all construction to occur lien-free and in compliance with all applicable laws and ordinances.
Landlord acknowledges that it shall not interfere with any aspects of construction, including, without limitation, attempting to
direct construction personnel as to the location af or method of installation of the Antenna Facilicies and the Easements (as
defined below) ("Construction Interference"). Landlord further acknowledges that it will be responsibfe for any costs and
damages (including, fines and penalties) that are directly atiributable to L.andlord's Construction Interference. The Antenna
Facilities shall remain the exclusive property of Tenant. Tenant shall have the right to remove the Antenna Facilities at any time
during and upon the expiration or termination of this Lease, °
{b) Tenant, at its expense, may use any and atl appropriate means of restricting access to the Antenna Facilities,
including, ~vithout limitation, the construction of a fence.
(c) Tenant shall, at Tenant's expense, keep and maintain the Antenna Faciliries now or hereafter tocated on the Property
in commercially reasonable condition and repair during the term of this Lease, normal wear and tear and casualty excepted.
Upon termination ar expiration of this Lease, the Premises shall be reYumed to Landlord in good, usable condition, normal wear
and tear and casualty excepted. _
(d) Tenant shali have the right to install utilities, at Tenant's expense, and to improve the present utilities on the
Property (including, but not limited to, the installation of emergency power generators). Landlord agrees to use reasonable
efforts in assisting Tenant to acquire necessary utility service. Tenant shall, wherever practicable, install separate meters for
utilities used on the Property by Tenant. 1n the event separate meters aze not instalied, Tenant sha)1 pay the periodic charges for
all utilities attributable to Ten.ant's use. Landlord shall diligently correct any variation, interruptian or failure of utitity service.
(e) As partial consideration for Rent paid under this Lease, I,andlord hereby grants Tenant an Easements in, under and
across the Property for ingress, egress, utilities and access (including access for the purposes described in Section 1) to the
Premises adequate fo install and maintain utilities, which include, but are not limited to, the installation of power and telephone
service cable, and to service the Premises and the .4ntenna Facilities at atl times during the Initial Term of this Lease and any
Renewal Term (collectively, the "Easements"). The Easements provided hereunder shall have the same term as this Lease.
(~ Tenant shall have 24-hours-a-day, 7-days-a-week access to the Prerruses ("Access") at all times during the Initial
Term of this Lease and any Renewal Term. In the event Landlord, its employees or agents impede or deny Access to Tenant, its
employees or agents, Tenant shali, without waiving any other rights that it may have at law or in equity, deduct from Rent
amounts due under this Lease an amount equal to five hundred and no/100 Dollars (~500.00) per day for each day that Access is
impeded or denied.
8. Ternvnation. Except as othenvise provided herein, this Lease may be terminated, w7thout any penalty or further
liabiliry as follows:
(a) upon thirty (30) days' written notice by Landlord if Tenant fails to cure a default for payment of amounts due under
this Lease within that thirty (30) day period;
{b) immediately if Tenant notifies Landlord of unacceptable results of any ritle report, environmentat or soil tests prior
to Tenant's installation of the Antenna Facilities on the Premises, or if Tenant is unable to obtain, maintain, or o2herwise forfeits
or cance{s any license (including, without limitation, an FCC license), perrnit or any Governmental Approval necessary to the
installation and/or operacion of the Antenna Facilities or Tenant's business;
(c) upon ninety (90) days' written notice by Tenant if the Property or the Antenna Facilities are, or become
unacceptable under Tenant's design or engineering specifications for its Antenna Facilities or the communicacions system to
which the Antenna Facilities belong;
Silc h~rtnbcr. E482C Vcrsion 10-?-O]
Sile hame: 1v. Tuskawitla
Markec Orlando
01/00/00 12:00A P.003
(d} imrnediately upon written notice by Tenant if the Premises or the Antenna Facilities are desiroyed or damaged so as
in TenanYs reasonable judgment to substantially and adversely affect the effective use of the Antenna Facilities. In such event,
all rights and obligations of the parties shall ccase as of the date of thc damage or destruction, and Tenant shall be entitled to the
reimbursement of any Rent prepaid by Tenant. TfTenant elects to continue this Lease, then aii Rent shall abate until the Premises
and/or the An[enna Faci(ities are restored to the condition existing immediately prior to such damage or destruction; or
(e) at the time title to the Property trans£ers to a condemning authority pursuant to a taking of all or a poRion of the
Property suf~icient in Tenant's determination to render the Premises unsuitabJe for Tenant's use. Landlord and Tenant shall each
be entitled to pursue their own separate awards with respect to such taking. Sa[e of all or part of the Property to a purchaser with
the power of eminent domain in the face of the excrcisc of thc powcr shall be treated as a taking by condemnation.
9. Default and Right to Cure. Notwithstanding anything contained herein to the contrary and without waiving any
nthor rirthtc n.~..toA ~~ '• ^i iu'.': ~'
••e•••~ s•~-~~•~~ ~• u v~ ii~ Cyiiii'y', cdcu Na~iy 5naii nave ine ilgh[, but not the obligation, to terminate this L,ease on --
written notice pursuant to Section t2 hereof, to take effect imrncdiately, if the other party (i) fails to perform any covenant for a
period of thirty {30) days aftcr reccipt of written notice thereof to cure or (ii} commits a material breach of this L,ease and fails to
diligently pursue such cure to its completion after sixty {GO) days' ~vritten notice to the defaulting party.
10. Taxes. La~dlord shall pay when due all real property taxes for the Aroperty, including the Premises. 1n thc event
t6at Landlord fails to pay any such real praperty taxes or other fecs and assessments, Tenant shall have the right, but not the
obligation, to pay such owed amounts and deduct them from Re~t amounts due under this [.ease. Nohvithstandin~ the foregoing,
Tenant shall pay any personal property tax, rea! properry tax or any other tax or fee v~~hich arc directly attributable to the presence
or installation of Tenant's Antenna Facilities, only for so long as this Lease has not expired of its ovm terms or is not terminated
by either party. Landlord hereby grants to Tenant the right to challenge, whether in a Court, Administrative Proceeding, or other
venue, on behalf of Landlord and/or Tenant, any personal property or real property tax assessments that may affect Tenant. If
Landlord receives noiice of any personal property or real property tax assessment against the Landiord, which may affect Tenant
and is directty attributable to TenanYs installation, Landlord shall provide tirnely notice of the assessment to Tenant sufficient to
allow Tenant to consent to or challenge such assessment. Further, Landlord shall provide to Tenant any and all documentation
associated with thc assessment and shall execute any and all documents rcasonably necessary to et~'ectuate the intent of this
Section l0. [n the event real property taxes are assessed against Landlord or Tenant for the Premises or the Property, Tenant
shall have the right, but not the obligation, to terminate this Lease without further liability after thirty (30) days' writfen notice to
Landlord, provided Tenant pays any real property taxes assessed as provided herein.
f I. Insurance and Subroeation and Indemnification.
(a} Tenant wiU provide Commercial General Liabiiity Insurance in an aggregate amount of One Mitlion and no/]00
Dollars ($1,~00,000.00). Tenant may satisfy this mt~uirement by obtaining the appropriate endorsemcnt to any master policy af
liability insurancc Tenant may maintain.
(b) Landlord and Tenant hereby mutual(y release cach other (and their successors or assigns) from liability and waivc
all right of recovery against the other for any loss or damage covered by their respective first party propecty insurance policies for
all pcrils insured thereunder. In the event of such insured loss, neither party's insurance company shal) have a subrogated claim
against the othcr. To thc extent loss or damage is not covered by their first party property insurance policies, Landtord and
Tenant each agree to indemnify and hotd harmlcss the other party from and against any and all claims, damages, cost and
expenses, including reasonable attorney fees, to the extent caused by or arising out of (a) the negfigent acts or omissions or
willfui misconduct in the operations or activities on the Property by the indemnifyittg party or the employecs, agents, contractors,
licensees, tenants and/or subtenants of the indemnifying party, or (b) a breach of any obligation of the indemnifying party under
this Lease. Tvotwithstandinb the foregoing, this indemnification shall not extend to indirecE, special, incidentat or consequential
damages, including, without limitation, loss of profits, income or business opportunities to the indemnified party or anyone
claiming through the indemnified party. The indemnifying party's obligations under this section are contingent upon (i) its
receiving prompt ~vritten notice of any event giving rise to an obligation to indemnifying the other party and (ii} the indemnified
party's granting it the right to control the defense and settlement of the same. Nohvithstanding anythittg to the contrary in this
Lease, the parties hereby confirm that the provisions of this section shall survive the expiration or termination of this Lease.
Tenant shall not be responsible to Landlord, or any third-parry, for any claims, costs or damages (including, fines and penalties)
attributable to any pre-existing ~•iolations of applicable codes, statutes or other regulations governing [he Propcrty.
]2. IYotices. AI! notices, requcsts, demands and other communicarions sha11 be in writing and are cffective three (3)
days after deposit in the U.S. mail, certi.fied and postage paid, or upon receipt if persanally delivcred or sent by next-business-day
deiivery via a nationally recognized overnight courier to the addresses set forth below. Landlord or Tenant may from time to
time designatc any oiher address for this purpose by providing ~vritten notice to thc other party.
Sitc Numbcr. Fii32C Version 10-2-01
Sife I~fame: I~. Tuskawilla
Market: Or(andu
01J00t00 12:00A P.004
If to Tenant, to: With a copv to:
T-Mobile T-Mobile South LLC
12920 SE 38'h Street 3407 W. Dr. Martin Luther King Jr. Blvd.
IIellevue, WA 98006 Tampa, FL 33G07
Attn: PCS Lease Administrator Attn: Lease Administration Managcr
With a copy to: Attn: Legal Dept.
If to Landlord, to: With a copv to:
Vertex Development, LLC, a Delaware limited liability company
405 S. Dale Mabry Hwy, #244
Tampa, rL 33GOJ-282~
i.i. Quie[ Enjovment, T. i[ie and i~uinoritv. iandiaro covenants and warranis co Tenant cnat ~i j i.and'lord 'nas fuil right,
powcr and authority to execute thi5 Lease; (ii) it has good and unencumbered titlc to the Property and the Towcr free and clear of
any iiens or mortgages, except those disclosed to Tenant and which will not interfere with Tenant's rights to or use of the
Premises; and (iii) execution and perforniance of this Lease will not violate any la~vs, ordinances, covenants, or the provisions of
any mortgage, lease, or other agrecment binding on Landlord. Landlord covenants that at all times during the term of this Lease,
Tcnant's quiet enjoyment of the Premises or any pact thereof shall no[ bc disturbed as long as Tenant is not in default beyond any
applicable grace or cure period.
14. Environmental Laws. Landlord represents that it has no knowledge of any substance, chemical or waste
(collecti~~ely, "Hazardous Substance") on the Property that is identified as hazardous, toxic or dangerous in any app3icable
federal, state or local law or regulation. Landlocd and Tenant shall not intrpduce or use any Hazardous Substance on the
Property in violation af any applicable law. Landlord shalt be responsible for, and shal! prompily conduct any investigation and
rcmediation as required by any upplicable environmenta{ taws, all spills or other releases of any Hazardous 5ubstance not caused
solely by Tenant, that have occurred or which may occur on the Property. Each party agrees to defend, indemnify and hold
harmless the other from and against any and all adrninistrative and judicial actions and rulings, claims, causes of action, demands
and liability (coliectively, "Claims") including, but not limited to, damages, costs, expenses, assessments, penalties, fines, losses,
judgments and reasonable attorney fees that the indcmnitee may suf~'er or incur due to the existence or discovery of any
Hazardous Substances on the Property or the migration of any Huardous Substance to other properties or the release of any
1-fazardous Substance into the environment (collectively, "Actions"), that relate to or arise from the indemnitor's activities on the
Propcrty. Landlord agrees to defend, indemnify and hold Tenant harmless from Claims resulting fram Actions on the Property
not caused by Landlord or Tenant prior to and during the Initial Term and any Rcnewal Term of this L.ease. The
indemnifications in this section specifically include, a~ithout limitation, costs incurred in connection with any investigation of site
conditions or any cleanup, remedial, rcmova3 or restoration work required by any sovernmcntal authority. This Section 14 shall
survive the termination or expiration of this Lcase. ~
15. Assienment and Subleasin¢. Tcnant shall have the right to assign or otherwise transfer this Lease and the
Easements (as defined above) to any person or business entity which is authorized pursuant to and FCC licensed to, operate a
wireless communications business, is a pare~t, subsidiary or affiliate of Tenant, is merged or consolidated with Tenant or
purchases more than fifty percent (50%) of cithcr an otimership interest in Tenant or the assets of Tenant in the "Metropotitan
Trading Area" or "Basic Trading Area" (as those terms are defined by the FCC) in which the Property is located. Upon such
assignmcnt, Tenant shatl be relieved of all liabilities and obligations hereunder and Landlord shail look solely ro the assignee for
performance under this Lease and all obligations hereunder. Tenant may sublease the Premises, upon written notice to Landlord.
Tenant may othenvise assign th.is Lease upon ~~itten approval of Landlord, which approval shall not be unreasonably delayed,
withheld, conditioned or denied.
Additionally, Tcnant may, upon notice to Landlord, mortgage or grant a security interest in this Lease and the Antenna
Facilities, and may assign this L.ease and the Antenna Facilitics to any mortgagees or holders of security interests, including their
successors or assigns (collectively "Mortgagees"), provided such Mortgagees agree to be bovnd by the terms and provisions of
this Lease. In such event, Landlord shall execute such consent to leasehold financing as may ~easonably be required by
Mortgagees. Landlord agrees to notify Tenant and Tenant's Mortgagees simultaneausly of any defau[t by Tenant and to give
Mortgagees the same riSht to cure any default as Tenant or to remove any property af Tenant or Mortgagees located on the
Prcmises, except that the cure period for any Mortgagees shall not be iess than thirty (3U) days after receipt of the default notice,
as provided in Section 9 of this Lease. All such notices to Mortgagees shall be sent to Mortgagees at the address specified by
Tenant. Failure by Landlord to give Mortgagees such noticc shall not diminish Landlord's rights against Tenant, but shall
preserve all rights of Mortgagces to cure any default and to rcmove any property of Tenant or Mortgagees located on the
Premises as provided in Section 17 of this Lease.
16. Successors and Assi¢ns. This Lease and the Easements granted hcrein shAll run with the land, and shall be binding
upon and inure to the benefit of the parties, their respective successors, personal representatives and assigns.
17. Waiver of Landford's Lien. Landlord hereby «-aives any and all lien rights it may have, statutory or otherwise,
concerning ihe Antenna Facilities or any portion thereof, ~vhich shall be deemed persona) property for the purposes of. this Lease,
Silc Nurnber. ~A82C Vc~ion 10-2-O1
Site r'anx:: N. Tuskawiila
titarkeC Orlmtdo
01100/00 12:00A P.005
~vhether or not tilc same is deemed real or personal property under applicable laws, and Landiord gives ?enant and Mortgagees
thc right to remove ~11 or any portion of the samc from time to time, w~hether before or after a default undcr this Lease, in
Tenant's and/or Mort~agec's sole discretion and without Landlord's consent.
t8. Miseellaneous.
(a) The prevailing party in any iitigation arising hereunder shall he entitled to its reasonabie attomeys' fees and court
costs, including appeats, ifany.
(b) Each party agrees to furnish to thc other, within twenty (20) days after request, such truthful estappel information as
the other may reasonably request.
(c} This Lease constitutes the entire agrecment and understanding of the parties, and supercedes all offers, negotiations --
and other agreements, with respect to the subject matter and property covered by this Lease.
(d) Each party agrees to cooperate with the other in executing any documents (including a Memorandum of Lease in
suUstantially the form attached hereto as Exhibit C necessary to protect its rights or use of the Prenvses. The Memorandum of
L.ease may be recorded in place of this Lease, by either party. [n the evcnt the Property is encumbered by a mortgage or deed of
trust, Landlord agrees, upon request of Tenant, to obtain and fumish to Tenant a non-disturbance and attomment agreement for
each such mortgage or deed of trust, in a form reasonably acceptable to Tenant. Tenant may obtain title insurance on its interest
in the Premises. Landlord agrees Yo execute such documents as the title company may reGuire in connection therewith.
{e) This Lease shall be construed in accordan~e with thc laws of the state in which the Propcrty is located.
(~ ff any term of this Lease is found to be void or invalid, such findins shall not affect the remaining terms of this
Lease, which shall continue in ful{ force and efl'ect. The parties agree that if any provisions are deemed not enforceable, they
shap be deemed modified to the extent necessary to make them cnforceable. Any questions of particular interprctation shalt not
be interpreted against the draftsman, Uut rather in accordance with the fair meaning thereof. No provision of this Lease will be
deemed waived by either party unless expressly tivaived in writing signed by the ~vaiving party. No waiver shal3 be impfied'by
delay or any other act or omission of cither party. tro waiver by cither party of any provision of this Lease shall be deemed a
waiver of such provision with respect to any subsequent matter relating to such provision.
(g) The persons ~vho have executed this Lease represent aad warrant that they are duly authorized to execute this Lease
in their individual or representative capacity as indicated.
(h) This Lease may be executed in any number of counterpart copies, each of which shall be deemed an original, but all
of tivhich togethcr shall constitute a single instrument.
(i) All Exhibits refcrred to herein and any Addenda are incorporated herein for all purposes. The parties understand
and acknowledgc that Exhibit A(the legal description of the Property) and Exhibit B(the Premiscs location within the Property),
may be attachcd to this Lease and the Memorandum of Lease, in prcliminary form. Accordingly, the partics agree that upon the
preparation of final, rnore complete exhibits, Exhibits A, and/or B, as the case may be, wrhich may have been attached hereto in
preliminary form, may be replaced by Tenant with such final, more complete exhihit(s). The tcrms of all Exhibits are
incorporated herein for all purposes.
(j) [f Landlord is represented by any broker or any other leasittg agent, Landlord is responsible for all commission fee
or other payment to such agent, and agrees to indemnify and hold Tenant harmless from all claims by such broker or anyone
daiming through such broker. If Tenant is represented by any broke~ or any other leasing agent, Tenant is responsible for all
commission fee or other payment to such agent, and agrees to indemnify and hold Landlord harmless from all claims by such
broker or anyonc claiming through such broker,
The effectivc date of this Lease is thc date of execution by the last party to sign (the "Effective Date").
SiteNurnW:r. C•482C Vcrsion ]0-2-01
Sitc Nan~e: N. Tuska~4illa
Market: Orlando
01J00l00 12:00A P.@06
LANDLORD: Vertex Development, LLC, a Dela~vare limit ' bil
By: ~ ( _.~-~"Y_.~-~"/"
~
Printed Name:
Alan Ruiz
~
ti
Its: ~
Mana e
Datc: ~~~ il (~~ ~~~ ~
TENANT: T-Mobilc South LLC
By: ~~' Ic:~~. ~
Printed Name: Mike Ackroyd ~
lts: Directo , Engineering & Operations
Date: ~~ ~ l~1
Site Ntmiber. ~482C
Site Name: ~l. Tuskaw•illa
h7arket: Oriando
company
Print Name
Vcrsion Iaz-ol
~c.-~
\.ViTNFCCFC•
01/00/00 12:00A P.001
srrs NnAae: v~T~u~wu~
sn~: Nuu~~sa:rr,oxi,i~9
COMMUNICATION TOWER SUBLEASE AGREEMENT
S COMMU1vICATION TOWER SUBLEASE AGREEMENT ("Agreement") dated and is effective as
of ~ , 2007, is between Clea~wire US LLC, a Nevada Gmited liability company
" le ire" or "Tenanf'), and Vertex Development, LLC, a Delaware limited liability company ("Land(ord").
For good and valuable consideration the receipt and sut~iciency of ~viuch are hereby acknos~ledged, the
parties hercio agree as follows:
1. Premises.
1_1 Landlord owns a pazcel of land ("Land°') and a telecommunicaGons tower ("Tawer") located in
the City of Winter Springs, County of Seminotc, State of Florida, commonly known as Tuscawilla Country Club
located at 1500 Winter Springs Boulevard, Winter Springs Florida (APN: 31-2~-31-SBB-OOUO-004A). The Tower
and the Land are collectively refened to herein as the "Property." The Land is more particularly described in
Exhibit A annexed hereto. Subject to the provisions of Paragraph 2 below {"Effective Date/Due Diligence
Period"), Landlord hereby leases to Clearwire and Cl~arvvire leases from Landlord appro.~cimately Forty-Nine (49)
square feet of Land and aIi access and utility easements necessary or desirable therefore (collectively, "Premises")
as may be described generally in E~:hibit B annexed hereto.
1.2 The Premises are Iocated on the Land lcased to the Landlord under that certain prime lease
between Winter Springs Golf LLC, as Prime Lessor, and Landlord, as Prime Lessee, dated as of January G, 2006
("Prime Lease"), ~vhich is attached hereto and made a part hereof as Exhibit D. Notwithstanding anything to the
contrary conlained in tlus Agreement, if the Prune Lease requires Landlord (as the Prime Lessee thereunder) to
obtain Prinne Lessor's prior written consent before subleasing or licensing space within I,andlord's leased area,
then such consent shall be a condition precedent to this Agreement and to each of the parties' rights and
respansibilities set forth herein.
2. EIl'ective Date/Due Ditig,erice Period. This Agreement shall be effective on the date of full
eteculion hereof ("Effective Date"). Beginning on the Effective Datc and continuing until the Term
Commencement Date as defined in Paragiaph 4 below ("Due Diligencc Period"), Clearwire sha11 only be
permitted to enter thc Property for the limited purpose of making appropriate engineering and boundary sun~eys,
inspecdons, and other rcasonably necessary im~estigations and signal, topographical, geotechnical, structural and
environmental tests (c~llectively, "Investigations and Tests") that Geanvire ma~~ deem neccssary or desirable to
determine the physical conditioi~, feasibility and suitability of the Premises. In the event that Clearwire deternunes,
duting the Due Diligence Period, that ihe Prcmises are not appropriate for Cleani~ire's intended use, or if for any
other reason, or no reason, Clearw~ire decides not to commence its tenancy of the Premises, then Clearwire shall
have the right to ternunate this Agrecment without penaity upon w~ritten notice to Landlord at any time during the
Due Diligence Period and prior to the Term Commencement Date_ L~andtord and Cleana~ire expressl}~ acknowledge
and agree that Clcarn~re's access to the Property during this Due Diligence Period shall be solely for the limited
purpose of performing the Investigations and Tests, and that CIeanvire shall not be considered an owner or
operator of any portion of the Property, and shall have no ownership or control of any portion of the Propert5~
(except as expressty pravided in i:his Paragraph 2); prior to the Term Cammencement Date.
3. Use. The Premises may be used bp Tenant. for any lawfiil activity in connection with the
provisions of wireless communications services, inctuding without limitalion, the transmission and the n~ception of
radio communication signals and the construcdon, maintenance and operdtion oP related communications facilities.
Landlord agrces, ai no expensc to Landlord, to cooperate with Tenant, in making application for and obtaining all
licenses, pernuts and any and all other necessary appror~als that may be required for Tenant's intended use of the
Premises.
4. Tercn. The ierm of this Agreement shall eommence upon Ute riate Tenant begins construction
of the Tenant Facilities (as defined in Paragraph 6 below) or tturty (30) days following the issuance of a Certificate
of Occupancy for the Property, whichever occurs first ("Term Commeneement Date") and shall terminate on the
tenth (10~') anniversary of the Tcrm Commencement Date ("Term") tu-less othenvise terminated as provided
01t00l00 12:00A P.002
Sii'E NAF~: Vatoc lyccaw~a
SffE NUMBERFL-0RL169
herein. This Agreement shall automatically be extended for foar (4) suc~essive five (5} year periods ("Renewal
Terms") an the same terms and conditions as set forth herein unless Tenant notifies I.andlord of its inbention not
to renew at least six (6) montbs prior to commencement of t3ie succeeding Renewal Terut.
Tenant shall be mquired to use Iandlord's general contractoz ta compleie ti~ir installation at their sole
cost and expense.
5. Ren~ Within fi$sen (15) business days following the Term Commencement Date,
Tenant st~all pay_to Landlard as rent ~ per
month ("Rent"} to be paid a~mually in advance. R,~na for any fractional monm at tne t~eginning or at the end of the
Tarm nr RPnraual Trrnt chali lw nmratnvi Rw~t ch~~it tw .,.,..~1.7., r.. T ~,..it., 4+ ~nc c,,...w r~..t„ *~..s._. v:..a._..._.
Y~••••••+~~+. l+a.~ aw.v w-- v u~ -rv.. uvuau ai(au. ari~uay tu~uNa~'>
Suite 244, Tampa, Florida 33609; Atbention: Alan Ruiz. All of Tenant's znnnetary abtigations set forth in this '
Agreement are conditioned ~on Tenant's receipt a~an aoauate and e~cecuted W-9 Form from I,andlord. Rent
shall be increased on each annivei^sary a~ the Commencement Date lry an amount equal to ~ercent of the
Rent for the previous year.
Within tlutty (30) days of the Commencement i7ate TPnant shall nay to Landlord a one-time capitat
contributian fee in the amount af
6. Improvements.
6.1 Tenant has the right to consauct, maintain, install, repair, secure, remove and operate
on the Prernises radio commnnications facili#ies, including but not limited to utiIity lines, transmission lines, an ioe
bridge(s), etearonic equipment, ttausmitting and receiving antennas, antennas and equipment, a power generator
and generator pad, and svpporting equipment and strnctnres thenefore ("Tenapt Bariti#ie~'). In connedion
thec~ewith, Tenant bas the rigM to do all work ne~ssary to prepane and maimain the Premises for Tenant's
wmmunications operafions and to instaII ntility tiues and transmission Lines connecting antennas to transmitters
and receivers. All of Tenani's constxuction and installation work shaIl be peifozmed at Tenant's sole cost and
expense and in a good and worl~antike manner. Title to the Tenant Faciiities and any equipmem placed on the
Premises by Tenant shall be held by Tenant or its lenders or assigns and are not fixtures, Tenant has the right te
remave the Tenant Facilities at its sole expense on or before the expiration or eartier termination of this
Agreement, and Tenant shall repair any damage ta the Fremises caused by svch remaval. Upan the cxpiration or
earlier termination of this Agreement, Tenani sball remwe its Tenant Facilities, indvding bm not limited to
antenna stn~cture(s), bvilding {s) (except footings), fnctures and all personai property and otherwise restore the
Premises to its original conditioq reasonable wear and tear and casualty excepted.
7. Aocess and Utilities.
7.1 Landlord sball provide Tenant, Tenant's employees, agents, contracxors, suboontractors
and assigns witb aooess to the Premises tw~nty-four (24) hours a c3ay, seven (7) days a wcek, at no charge to
Tenant Landlord grants to Tenant, and Tenant's agents, emplayees and vontractors, a non-exclnsive right and
easement for p~trian and velucular ing~ss 2nd egress across the Pzape~ty, and such right and easement m~ay be
descn~Ued generally in Exlubif B.
7.2 Landlord sbal2 maintain alt aooess roadways from the nearest public roadway to the
Premises in a manner su~"icieni to allow pedestrian and vehicular access at all times under normai weather
canditions. Landlord sball be responsible for ma~intaining and repairing such roadways~ at its sole expense, except
for any damage caused by Tenant's use of such roadways.
7.3 Tenant shall have its own m~er installad and be responsible for its own utility bills.
8. Tnterf'erence, Tenant shall operate the Tenant Facilities in oompliance with all Federal
Cammwnications Commission ("FCC") requirements inciuding those pmtubiting interferenoe to communicatioas
facilities of Landlord or other lessees or licensees of the Properiy, pmvided that the inst~ilation and operation of
any su~h facilities predaUe the installation of tl~ Tenant Facalities. Subsequent w th~e inst~Ilation of the Tenant
Facilities, Landlord will not, and wilE not permit its lessees or izoensees to, install new eqnipment on or make any
alterations to the Praperiy or property contiguous thereto owned or conirolled by I.andlord, if such modifications
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STI'E NAME: VeAsnt Tu'c~willa
577'~ NUMBE2FI.-0RL I o9
are likely to cause interference with Tenant's operations. In the event intederence occurs, Landlord agrees to use
best efforts to eliminate such interference in a reasonable time period. Landlord's failure to comply with this
paragraph shall be a material breach of this Agreement.
9. Ta~ces. Tenant shall pay personal property taxes assessed against the Tenant Facilities and
Landlord shall pay when due, all real property t~es and all other ta~es, fees and assessments aitribatable to the
Prcmises or this Agreement.
10. Termination.
10.1 "This Agreement may be terminated without further iiability on thirty (30} days prior
written notice as Follows: (i) by either party upon a default of any covenant or term hereof by the other party,
which default is not cured within sixty- (60) days of receipt of written notice of default, except that this Agreemeni
shall not be terminated 'zf the default cannot reasonably be cured ~ti~thin such sixty (60) day period and the
defaulting parly has commenced to cure the default witliin such si~.-ty (60) day pcriod and diligentl}~ pursues the
cure to completion; provided that the grace period for any monetary default is ten (10) days from receipt of written
notice. This Agreement may be tercuinatcd by Tenant without further liability far any reason or for no reason,
provided Tenant delivers v~~ritten noticc of termination to Landlord prior to the Commencement Date.
10.2 After the initial term, this Ag~ement may also be ternunated by Tenant without furiher
liabiiity on sixty (60) days prior written notice if Tenant is unable to reasonably obtain or maintain any certifiCate,
license, permit, authority or approval from any governmental authority, thus, restricling Tenant from installing,
removing; replacing, maintaining or operaling the Tenant Facilities or using the Premises in the manner intended
bp Tenant.
11. Destrucdon or Condemnation_ Tf the Premises or Tenant Facililies are damaged, destroyed,
condemned or transferred in lieu of condemnation, Tenant may elect to ternunate this Agreement as of the datc of
the damage, destruction, condemnarion or transf'er in Geu of condemnation by giving notice to Landlord no more
tUan forty-five (45) days following the date of such damage, destruction, condemnalion or transfer in lieu of
condemnadon. If Tenant chooses not ta terminate this Agreement, Rent shali be reduced or abated in proportion to
the actual reduction or abatement of usc of the Premises_
12. Insurance: Subro~ation; and Indemnitv.
12.1 Tenant shall provide Cammercial General LiabiIity Insurance in an aggregate amount of
One Million and No/100 Dollars ($1,000,000.00). Tenant may satisfy this requirement by obtaining the
appropriate endorsement to any master policy of liability insurance Tenant may maint~-in.
12.2 Landlord and Tenant hereby mutuall3~ release each oEher (and their successors or
assigns) fram liability and waive all right of recovery against the other for any loss ar damage covered by their
respoctive first-party properly insurdnce policies for all perils insured thereunder. In the event of such insured ioss,
neither party's insurance company shall have a subrogated cla.im against the other.
I2.3 Landlord and Tenant shall each indemnify, defend and hold ttie other hacmless from
and against all ciaims, losses; liabililies, damages, costs, and expenses (inclnding reasonable attorneys' and
consultants' fees, costs and expenses) (collectively "Losses") arising from the indemnifying party~s breach of any
term or condiUon of this Agreement or from the negligence or willful misconduct of the indemnifying party or its
agents, employees or contractors in or about the Property. The duties described in this Paragraph I2.3 shall appiy
as of the Ef~ecti~~e Datc of this Agreement and sunive the cermination of this Agreement.
13. Assignment. This Agreement may be sold, assigned or transferred by the Tenant witl-out any
approval or consent of the Landlord to TenanYs lender(s) pursuant to a financing agreement, or to the Tenant's
principal, affiliates, subsidiaries of its principal; to any entity which acquires all or substanliaily all of Tenant's
assets in the market defined by the Federal Communications Commission in whieh the Propertj• is located by
~.~
01J00/00 12:00A P.004
S[7E NAME: Vcrtcc TttSCawiAn
SITE NIiMBGk:FL-0RL169
reason of a merger, acquisitiou or other business reorgani-cation. As to other parties, this Agc~ement may not be
sold, assigned or transferred without the written consent of the Tenant, which such consent will not be
unreasonably withheld or delayed. Tenant may snblet the Premises within iLs sole discretioq upon notice to
Landlord. Any sublease that is entered into by Tenant shall be subjoct to the provisions of ihis Agt~ement and
shall be binding upan tl~e successors, assigns, heirs and legal representalives of thc respective parties hereto.
14. TiUe and Quiet Enjovment.
14.1 Landlord represents and warrants that (i) it has full right, power, and authvrity to
execute this Agreement, (ii) Tenant may peacefully and quietly enjoy the Premises and such access thereto,
provided a~ai Tenant is not in defauit hereuncier after notice antt expiration or aii cure periocis, (iii j it bas obtaineci
all necessary approvais and cansents; and has taken all necessary action to enable Landlord to enter inta this~
Agreement and allow Tenant to insiall and operate the Facility on the P.remises, including without limitation,
approvals and consenis as may be necessary from other tenants, licensees and occupants of Landlord's Properiy,
and (iv) the Properiy and access rights are free and clear of all liens, encumbrances and restrictions except those of
record as of the Effective Date.
14.2 Tenant has the right to obiain a tide report or couunitment for a leasehold litle policy
from a tit~e insurance company of its chvice.
15. Enrtironmental. As of the Effectivc Date of this Agreement: (1) Tenant hereby represents and
wam~utts that it shall not use, generate, handle, store or dispose of any Hazardous Material in, on, under, upon or
alTecting the Properly in violation af any applicable law or regulation, and (2) Landlord hereby represenls and
warrants diat (i} it has no knowledge of tlie presence of any Hazardous Material located in, on; under, upon or
afiecting the Properly in violation of any appIicable law or regulation; (ii) no notice has been received by or on
behalf of Landlord from any governmental cndty or any person or entity claiming any ~~olation of any applicable
enviroiunental !aw or regulation in, on, under, upon or affecting the Property; and (iii) it will not permit itself or
any thi.rd party to use, generate, handle, store or dispose of any Hazardous Materiai in, on, under, upon, or
affecting the Property in violation of any applicable law or regulation. Without limiting Paragraph 12.3, Landlord
and Tenant shall each indemnify, defend and hold the other harmless ftom and against all Losses (specifically
including, without limitation, attorneys', engineers', consultants' and experts' fees, costs and ea~~penses) arising
from (i) an,r• breach of any representation or warranty made in this Paragraph 1S by such pariy; and/or (ii)
environmentaI conditions or noncompliance with any applicable law or regulation that result, in the case of
Tenant, from operations in or about the Property by Tenant or Tenant's agents, employees ar coniractars, and in
the case of Landiord, from the ownership or control of, ar operalions in or about, the Property by Landlord or
Landlord's predecessors in interest, and their respective agents, employees, coatractors, tenants, guests or other
parties. The provisions of this Paragraph 15 sha21 apply as of the Effective Date of this Agreement and survive
ternunation of this Agrcement~ "Hazardous Material" means any solid, gaseous or liquid wastes (including
hazardous wastes), regulated substances, paIlutanis or contaminants or terms of similar import, as sach terms are
defined in any applicable environmental law or regulation, and shall include, without limitation, any petroleum or
petroleum products or by-products, flanunable explosives, radioactive materials, asbestos in any form,
poiyctilorinated biphenyls and any other substance or ma~erial which constitutes a threat to health, safety, properiy
or the envimnment or which has been or is in the future detertnined by any govemmental enlity to be prohibited,
limited or regulated by any applicable environmental law or regulation_
IG.
Subordination of Landlord's Lien. Landlord hereby subardinates an}~ and all Iien rights it may have, statutory• or
otherwise conceming the Tenant Facilities or any portion thereof wluch shall be deemed personal property for the
purposes of Yhis Agreement, whetl~er or not the same is deemed real or personal property under applicable law~s,
and Landlord gives Tenant and Mortgagees the right to remove all ar any portion of the same from time to time,
whether before or atier a default under this Agreement, in Tenant's and/ot Mortgagee's sole discretion and without
Landlord's consent.
17. Notices. All notices, requests, demands and other communications hereunder s~all be in writing
and shaIl be deemed given if personally delivered or mailed, ceriified mail, retum receipt requested, or sent by for
next-business-day detivery by a nationally recognized overnighf carrier to the following addresses:
01/00/00 12:00A P.005
S11'E NAkfF~ Verterz 7lucewilla
SfIE 1:UMAERFL-ORLI69
If to Tenant, to: With a copy to: If to Landlord, to:
Cleaiwire US LLC Ctearwire US LLC Vertex Development, LLC
Atin: Site Leasing Attention: Legal Depaztment Attention: Alan Ruiz
4400 Carillon Point 4400 Carillon Point 405 S, Dalc Mabry Highway
Kirkland, WA 98033 Kirkland, WA 98433 Suite 244
Telephone: 425-216-?600 Telephone: 425-216-7G00 Tampa, Florida 33G09
F~: ~325-216-79~0 Fax: 425-21G-7900 Tele hone: t813) 335-4'168
Landlord or Tenant may from time to time designate any other address for this .purpose by wrilten notice to the
other party. Ail notices nereunder shall be deemed received upon actual receipt or refusal to accept del'rvei}~.
18. Marldn~ and Li~hting_ Landlord shall be responsible for compliance v~rith all marking and
lighting requirements of the Federal Avialion Administration ("FAA") and the FCC. Should Tenant be ciied
because the Property is not in compliance and should Landlord fail to cure the conditions of noncompliance,
Tenant may proceed to cure the conditions af noncompliance at Landlard's expense, which amounts maq be
deducted from (and offset against) the Rent and any other charges or amounts due, or coming due, to Landlord.
19. Miscellaneous.
19.1 Tf Tcnant is to pay Rent to a payee olher than the Landlord, Landlord shall natify Tenant
in advance in writing of the payee's name and address.
19.2 The subscantially prevailing parly in any legaf claim arising hereunder shall be entitled
ta its reasonable attomey's fees and court costs, including appeals, if any. '
19.3 If any provision of the Agrcemcnt is invalid or unenforceable with respect to u-y pariy,
the remaiuder of this Agreement or the a~plicalion of such provision to persons other than those as to whom it is
held invalid or unenforceable, shall not be affected and each pro~zsion of this Agreement shalt be valid and
enPorceable to the fullest extent permitted by law.
19.4 Terms and conditions of this Agreement which by their sense and conte~ survi~cle thc
ternunation, cancellation or expiradon of this Agreement will so surFZVe.
19.5 This Agreement shall be governed under law of the State in which the Premises are
located. and be binding on and inure to the bencf'it of the successozs and permitted assignees of the respective
pariies_
19.6 A Memorandum of Agreement in the form aitached hereto As E.+chibit C ma.y bc recorded
by Tenant confirnung the (i) effectiveness o.f this agreement, (ii) expiration date of the Term, (in) the duration oi'
any Renewal Terms, and/or other reasonable terms consistent with this Agreement.
19.7 Ail E.Yhibifs referred herein are incarporated herein for all purposes.
19.8 Landlord shall make a diligent and good faith effort to obtain a Nondisturbance
Agreement for the benefct of Tenant from each lender with a security interest recorded upon the tide to the Site at
the time of execution af this Agreement.
19.9 This Agreement constiiutes the entire Agreement bet~-een the parties, and supersedes all
understandings, offers, negotiations and other leases concerning the subject matier contained herein. There are no
representations or understandings of any kind not set forth herein. Any amendments, modifications or waivers of
any of the terms and condirions of this Agreement must be in wriUng and e~ecuted b3~ both parties.
19.10 Landlord agrecs not ta disclose, without che written consent of Tenant, any of the terms
of this Agreement or any other written agreement between the pariies relating to the privileges granted herein,
except as required by governmental authority, in wtuch case Landlard shall inform Tenant prior to divulging such
information.
01100J@0 12:00A P.006
Sf1~NMSE: Ve~t~:'llscau~qla
SITL NUb[i3f•,R:FIrOkLl69
IN WITNESS WHEREOF, the parties have entered into this Agreement effective upon the date of
ea~ecution by all parcies.
LANDLORD:
Vertex Development, LLC, a Delaware limited liability
company
By~ ~=~i~B ~_ -__~---~
Name: Alan Ruiz
Titlc: Managcr
Date: ~/ Id 7
Tax I.D.: ~ ~'~ - ~~ ( ~c~ ~,3
WITNESSE5:
~'~,(I t ~C~..tis
Print Name_ ~ 1~, -~ ~~ 1C~ NSh-
Print Name:
TENANT:
Clcar~wire US LLC, a Nevada limited 1.iability company
By: C;,,.,,_ ~~~
Name :,~i7t"! f~ ~tf}f'~3":
~J4~~ r~;c~s~~f~r~- rv~~~vcrri~ ~.~~~~f;~yirr~r~~:
Title:
Date: ~~ f , 2~f - ~ ~
Print Name: ~, tC ~~ N(' _ ~~r~~`i~~-~!
msrmoro0 12:mma P.mO~
Sl7'F tuA1~tE' Vertex 7lucaw~]la
SI7'Ei NOMBER:PLORL169
Vertex Development, LLC
STATE OF FLORIDA )
) ss.
COUNTY OF HILLSBOROUGH )
I certi#y that I know or have satisfactory e~~idence ihal Alan Ruiz is the person who appeared before me,
and said pcrson acknowledged that he signed this instiument, on oath stated tlu~t he was authorized to execute che
instrument and acknowledged it as the Manager of Vertex De~~elopment, LLC, a Delawu~e limited liabilit~~
!'4I?] ».n tn ~ thP frn~ ~nri :~~liw,nt~,n~~.~rFF/'h~f ~i~~h r~art.~ £~: ~}:~'.:c..n.c..~..n~i m~rnncne m~:::10.^.£.~. :.^. tf:°v :...~suYl'..~::v:::. _'
F Y, Dated: L,r.,~l~2i~0Y ~o~. t~C~C~J~o YLL.,N~~~~
AMY A. COCHRAN
Commisslon ~9 DO 4.17fi30
My Commission Expires
_____July O1 , 2009
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STATE OF WASHINGTON
COUNTY OF KING
Notary Public "
Print Name Am~= . ochran
My cammission expires Julv i. 2009
)
) ss.
)~
I certify ttzat I know or have salisfactory evidence that John A. Storch is the person who appeared bcfore
me, and said person acknowlcdged that he signed tiris instrument, on oath stated that he was authorized to execuie
the insirument and acknowledged it as the VP Network Deplayment af Clearwire US LLC, a Nevada limited
liability company, to be the free and voluntai}~ act of such pariy for the uses and pucposes mentianed in the
instrument n _ ~, .
Dated:
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01/00/00 12:00A P.001
CUiVi~I.UI~'iCAT10~TS STTL L~ASE AGR~EMENT
TT-IIS CONIMU~TICATIONS 5ITE L~ASE AGIZE~NI~NT (~~Lease
Agreement") dated 1s of , is inade by and bet~veen Royal Stweef
Communications, LLC, a Delaware limited Iiability cotnpany ("Lessee"} lncl Vertex Development,
LLC, a Dela~vare limited liability compan~ ("Lessor").
R~CITALS
This 1.:ease Abreement is entered into based upon the following facts, ci~~cumstances and
understandings:
A. Lessor lcascs certain rea] propercy legally described in Exhibit "A" attached hcreto
and commonly known as I=I.,5032; 1500 Wintcr Sprin~;s }31vd. ~'1%inter Springs, 1;lorida 32708 Assessor's
Parcel Number 31-20315F3[3-0000-004A ("Lessor's Real Property"). Lessee desires to lease a porlion o1'
l.essor's Real Properly ~i~ith any nccessary easements over other po~-tions of Lessor's Rea! I'roperty
and!or shared use of Lessor's easemeilts over otller reaf prop~rty necessary for Lessee's access a~~d
utilities tu the leased are~ (alto~;ether the "Premises"); as described on Exhibit "B" ~rttached hereta.
Lessor represents and ~varrants that it has the right to ~rant the rights set forth herein and that it l~as Cull
rights of ingress to and egress from the Pcemises from 1 public road~vay.
B. 1_essee is a eommunications carrier that desires to construct and oPerlte a wireless
communications site at the Premises as part of its co~nmunications nenvortc.
C. B~sed on lhe Premises set forth herein and on the terms and conditions set forth
below, I~essor is willing to lease the Premises to Lessee for I.essee's proposed use subject to the terms
and conditions of this Lease Agreement.
WIII;R~FOR~, in consideratinn of the Premises set forth abo~c~e and tlic terms and
conditions set forth herein, tlie Parties, intencling to be legally bound, hercto agree ~s follo~r~s:
1. Gr~nt of Lease. Lessor hereby I~ases to Lessec: the Premises for t.essee's proposed
use, subject to the fiollowing tcrms and conditions for the Tenn.
2. Permitted Uses. The Premises may be used by I~essee for the operation of' a~~~ireless
communications site. Under ihis Lease Agreement, Lessee may install, place, use and opecate on the
PreEnises such antennas, radio tra~zsmitting and reeeiving ec~uipment; conduits, wires, batteries, baclc-up
generators; utility lines and facilities, supporting structures, telephone facilities, and related equipment
(collective(y "Lessee's Facitities") as Lessee deems necessary for thc operation of its wireless
CO111It1UflICRlIOIIS site at tI~e Premises. Further, Lessee may perforrn construction, maintenancc, repairs,
additions to, and replacernent ol' Lessee's Facilities as necessary and appropriate for its ongoin~ business
and has the ri~ht to do al] work necessary to prepare, modify and m~intain the Premises co accommodate
Lcssec's Facilities and as required for Lessee's communications ope;rations ai thc Premises.
Site No.: ORD210
Site Address: I~QU Wintcr Sprin~s I31vc1
EXECU"C[UN COPY 7.10.U6
~~4`intcr Springs, 1'lorida 32708
Page 1 of 17
EXECUTION G~PY
01r0mr0o sz:mma P.Omz
3. Conditions Precedent: Prior Approvals. This Lease Agreement is conditioned upon
Lessee obtaining all governmental licenses, permits and approvats enabling I,essee to consiruct and
operate wireiess communications facilities on the Premises vyithout condi#ions which are not standard or
rypical for premises where wireless communications facilities are located. Lessor agrees to cooperate
with Lessee's reasonable requests for Lessor's signatures as real property owner on permit apptications,
for allowing site inspections by governmental agencies required in connection with reviewing permit
applications, and for assistance in obtaining such necessary approvals, provided that such cooperation
and assistance shall be at no expense to Lessor.
4. Term. The term of this Lease Agreement ("Term") shall be Seven (7) years
commencing with the issuance of a local governmental building permit allowing Lessee to construct
Lessee's Facilities on the Premises or iwelve (12) months from the date af full execution of this Lease
Agreemen~ whichever occurs first ("Commencement Date"}. Lessee shall promptly deliver written
notice to Lessor of the Commencement Date. Lessee shall have the right to extend the Term of this
Lease Agreement for four (4) additional terms (each a"Renewal Term") of five {5) years each. The
terms and conditions for each RenewaJ Term shall be the same terms and conditions as in this Lease
Agreement, except that the Rent shall be increased as set forth hereinbelow. This Lease Agreement shall
automatically be extended for eacli successive five (5) year Renewal Term untess Lessee notifies Lessar
in writing of Lessee's intention not to extend this Lease Ag,reement at least thirly (3Q) days prior to the
expiration of the frst Term or any Renewal Term.
5. Rent. Within fifteen (15) days of the Commencement Date, Lessee shall pay Lessor~as
rent, the sam of ~-. : ' .. j per month. Rent shall be payable on the
first day of each month, in advance, to Lessor or Lessor's alternate payee specified in Section 22, Notices
and Deliveries. If the Commencement Date of this Lease Agreement is other than the first day of a
calendar month, Lessee may pay on the first day of the Term the prorated Rent for the remainder of the
calendar month in which the Term commenees, and thereafter Lessee shall pay a full month's Rent on the
first day of each calendar month, except that payment shall be prorated for the final fractional month of
this Lease Agreement, or if ttiis Lease Agreement is terminated before the expiration of any manth for
which Rent should have been paid. Rent shall be increased annualty, on the anniversary of the
Commencement Date b~ of the previous year's Rent.
6. Due Dili2ence ContingencY and Pre-Commencement Date Access to Pretnises.
Lessee shalt have the right (but not the obligation) at any time following the fult execution of this Lease
Agreement and prior ta the Commencement Date, ta enter the Premises for the purpose of making
necessary inspections, taking measurements and eonducting engineering surveys (and soil tests where
applicable} and other reasonably aecessary tests to determine the suitability of the Premises for Lessee's
Facilities {"Due Diligence"), and for the purpose of preparing the Premises for the installation or
construction of Lessee's Facilities. During any Due Diligence activities or pre-construction work, Lessee
shall have insnrance which covers sach activities as set forth in Sectionl5, Tnsurance. Lessee wil! notify
Lessor of any proposed tests, measurements or pre-construetion work and will coordinate the scheduling
of such activities with Lessor. [f in the course of its Dae Diligence Lessee determines that the Premises
are unsuitable for Lessee's contemplated use, then Lessee shall have the righE to terminate this Lease
Agreement prior to the Commencement Date by delivery of written notice thereof to Lessor as set forth
in Section 13, Termination.
Page Z of 17
Site No.: ORD210
Site Address: t560 Wintcr Springs $Ivd. Winter Springs. C=lorida 32708
EXBCUTION COFY 7.10.06
01/00/00 12:00A P.003
7. On~oina Access to Premises. Throuphout the Term and any Rene~~~a1 "I'erm of this
Lease Agreement, Lessee shall Iiave the ri~;ht of access ~~~itllout escort to the Premises for irs employees
and agents twenry-four (24} hours a day, seven (7) dzys per ~veelc, at no additionai charge to Lessee. ln
exercisin~ its right of access to the Premises herein, Lessee agrees to cooperate with an}~ reasonable
security procedures utilized by I:essoc at Lessor's Real Property and f-urther aorees not to unduly disturb
or interfcre with the business or other activities of I.essor or of other tei7ants or occupants of Lessor's
Real Property. Gessor shall maintain alI existiag access roadways or drive~vays extending from the
111rU1C~Jt ~.IUUilli IVCIUI~VCL~' lV r1.liV InlVlltlJVJ !1i µ I1141111v1 JU~11vi~iii ~v ~ii~vii' ivi tiP..°,.°,vv'S 'uCvvS$ Iv :~iP '_
PI-e171lSCS. LCSSOC SIl3II bC CCS~~OflSlble ~Of I71c~lI1t3111111~T c111CI CC~~c1ll"111~ SUCIl f02dWitys and drive«~ayS 3t '
Lessor's sole eYpense, except f'ar Any dlmage caused by Lessee's use of such raad~~+~ays or drivewzys. lf
Lessee causes any such damage, Lessee sha{1 promptly re~air the same at its sole e~pense. Cxcept those
constructed by Lessee, Lessor, i~~t Lessee, shall be responsible for the maincenance and compliance with
la~~,-s of alt towers and struccures located on dlc {'remises, including compliance with Part 17 of the
1=ederal Communications Commissions' Rules.
8. Lessee's Worl:, Maintenance ancl Repairs. All of Lessee's construction and
installation woric ac the Premises shall be perlocmed at Lessee's sole cosl and expcnse and i~i a good and
worl~manlike manner. Lessee shall submit copies of the site plan and specifications to the Lessor for pcior
approval, ~vliich approval will not Ue unreasonably withheld, conditioned or delayed. Lessor shall give
such ap~rova[ or provide Lessee ~~ith its requests for changes within five (5} business days oi' I,essor's
receipt of Lessee's pl~ins. If Lessor does not provide such approval or rec~uest for changes witl7in such
Eive (5} business day period, Lessor shall be deemed to have approved the plans. Lessor shall not be
entitled to receive any additional consideration in exchange for giving its ~ipproval of J.,essee's plans.
Lessee shall maintain Lessee's Facilities and the Premises in neat and safe conditio-i in compliance with
all applicable cades and government~l regulations. Lessee shall not be required to make any repairs to
the Premisc;s except for damages to the Premises caused by Lessee, its employees, agents, co~~tractor5 or
subcontractors. Up~n the expiration, cancellation or cennination of this Lease Agreement, Lessce shaU
surrender the C'remises in ~;ood condition, less ordinary wear and tear; ho~vever, Lessee shall be required
to rernove any foundation supports for Lessee's racilities which have Ueen insta]led by Lessee.
~). Title to Lessee's Facilities. Title to Lessee's Facilicies and any equipment placed on
the Premises by Lessee shali b~ hald by Lessee. .AI[ of' Lessee's Facilities shall remain the propercy of
Lessee and are not tixtures. l:essce has the right to removc all l..essee's Facilities at its solc expense on
or be1'ore the expir~ition or termin~tion of this Lease Abreement. Lessor ackno~~~led~es tha.i Lessce may
enter into financing arrangements inc(uding promissory notes and financill ~nd securiCy a~reements for
the I~inancing of Lessee's F'acili~ies (the "Collateral") with a third pa~rty iinancing entity and may in the
future enter into additional i~inancing arrangements witl~ other financing entities. [n connection
there.with, Lessar (i) consents to the installation of the Collateral to the extent that the Callatera! is pac-t
of the approved Lessee's Facilities; (ii} disclaims any interest in the Collateral, as fixtures or otherwise,
~~~hether arising at law or otherwise, including, but not (imited to any statatory landlord's lien ; and (iii)
abrees that the Collateral shall Ue eaempt from eaecution, foreclosure, sale, levy, actachment, or distress
for any Rent due or to become due and that such Collateral may be removed at any time without recourse
to ]e~;al proceedings.
I0. Utilities. Lessee sha(1 have the right to install utilities, at Lessee's expense, and to
improve the present utilities on or near the Premises (including, but not limited to fhe instaliation of
emergency back-up po«~er). Subject to Lessor's approval of the locltion, which approval shall noc be
Pa~e 3 of 17
Site No.: ORD210
Site Address: I500 4VinYer Sprincs Iilvcl. 4Vinter Springs, Florida 32708
BX~CUT10~1 CQPY 7.10.06
01/00/00 12:00A P.004
_.. __ ___ _... ___
unreasonably ~~~ithheld, conditioned, or delayed, Lessee shall have the right to piace utilities on (or ro
bring utilities across) Lessor's Real Property in order to service the Premises and Lessee's Facilities.
Upon Lessee's request, Lessor shall e?:ecute recordable easement(s) evidencinb this ri;;ht. Lcssee shall
fully and ~rompi(y pay for all utilities furnished to the Premises for the use, operation and maintenance
of Lessee's Faeilities. Upon Lessee's request, Lessor shal( allo~v Lessee to inst~ill sub-metering
equipment on existing Lessor utility seiti~ice(s). Lessee agrees to install; at Lessee's cosl, tfle required
equi~ment, meters and connections and ~vill reimburse Lessor for Lessee's use of utilities at d rate equal
to Lessor's unit cost foc the utilities. Lessee shall pay the cost oF utility se~-vice provided to the Premises
~~~d attrib~.~t~hle tn i.~tc~e'.c ttcr ("IlYility Ch.iro~"l. I,ec~ee shall n~y tli~ estim~tec~ c~st of the I)tility
Char~~e monthly in advance. The parties estimate the Utility Charge at the commencement of constcuction
to b~ TBD ($0.00) per month. During the tenn of this Lease Agrcement, at Lessor's request (which
request shaU not be more frequent than once every t~velve months), Lessee shall calcul~te the actual
Utilit~7 Charge for the immediatety preceding twelve (l2) months based on the readings f'rom ihe
privately installed sub-meter at l,essor's property. If the actual Ucility Char~e varies from the c;stimated
Utility Charges paid, the parties shall reconcile past paymenis o1' utility charges and adjust futurc
estimates ot the Ltifiry Char~e to ref7ect Lessee's lctual usage.
ll. Interferencc with Communic~tions. Lessee's I~acilities and operations sh111 not
interfere ~a~ith tl~e communications canfigurations, frec~uencies or oper~rting equipment which exist on
l.:essor's Real Property on the eff'ective date ot'this Lease A;ree;ment ("Pre-existi~ig Communications"),
and Lcssce's 1'acilities and oPeraCions shall comply ~Yll~l all non-interference rules of the Federal
Communications Commission ("I'CC"). Upon written notice from I.essor of apparent inter(erence b,y
Lessee ~~ith t're-e~isting Communications, Lessee sf~all have the responsibility to promptly terminate
such interPerence or demonstrate to Lessor ~vitll compelent inforn~ation that the applrent interference in
fact is not caused by Lessee's F~icilities or operations. Lessor shal[ not, nor shall L,essor permit any other
tenant or occupant of any portion of Lessor's Real Property to, engage in any activities or operations
which interfere with the communications operations of Lessee described in Section 2, above. Such
interference with Lessee's communication§ operacions shall be deemed a maficrial breach by Lessor, and
Lessar shzll have the responsibility to ~romptty terminate said interference. In the event any SUCII
interferen.cc does not cc;ase pcomptly, the paMies acknowledge that continuing interPer~nce will cause
irreparabte injury to I.,essee, and tllcrefore Lessee shall have the riglit to brin~ a court action to enjoiil
suclt interFerence or to terminate this Lease Agreement immediately tipon notice to Lessor. t.essor agrees
ta incorpo--ate equivalent pi•ovisions regai•ding non-interCerence ~~~ith Pre-existing Cornmunications into
any subsequent leases, licenses oc rental ~i~;reements ~vith otller persons or entities f~r any portions oi~
Lessor's Real Property.
1?. Taxes. Lessce sIialf pay personal pro~erty taxes assessed against Lessee's Pacilities,
and Lessor shal[ pay ~vhen due all real property taxes and all other taxes, t-ees and a>sessments
attributable to the 1?remises and this Lcase Agceement.
13. Terminatian. Tllis Lease Asr~:eme~lt may Ue terminated by Lessec etiecti~~e
imn~ediatcly without further liability by deliver}' of ~a~ritten notice thereoF to Lessor prior co the
Commencement llate for any reu~on resulting from Lessee's Uue Dili~ence, or if a title report obtained
by I,essce For t_essor's Rea( Property shows any defects of title or an)~ liens or encumbrances which may
adverselv affect l~essee's use oP the Pre~l~ises for Lessee's intended use, or for any other or no reason.
This Lease ma} be terminated ~n~ithout further liability on thirty (30) dlys prior wcitten notice as follows:
(i) by either pzriy i~pon a default of any covenaut, condition, oc term hereof by the other party, ~~'hich
default is n~t cured witl~in sixty (60) days of receipt of ~vritten natice of default; (ii) by Lessee if it does
Page 4 of 17
Site No.: ORD210
Site Address: 1500 1~1'inter Springs BIvt1. ~~'inter Sprines, Plarida 32708
NX~CUT[ON COPY 7.10.06
01100t00 12:00A P.005
not obtain licenses, permits or uther approva(s necessary to the construction or operation of' Lesse;e's
Facilities ("Permits"), is unable to obtain such Aermits ruithout conditions ~i~l~ich are not ~tandard or
typical for premises ~;~here r~~ireless c~mmunicaeions facilitics are located or is unable to maintain such
lice~lses, pei~niis or approvals despite reasonable efforts to do so; (iii} by Lessee if Lessee is unable to
occupy or utilize clle Premises due to ruling or directive of tlse t~CC or other ~;oven~tmental or regulatory
abency, includin~, but noi limited to, a take back of fi-equencies; or (iv) ~il=ter the initia[ term by Lessee if
Lessee determines that the Premises are not appropriate for its operations for economic, environmental or
tcchnolo~*ical rcasons, includin~;, ~vilhout Iimitation, signal sErength or interference. Othcr than as stated
hr~rHi~i T CSSQC 5~:::II n~ t 1:.~^,:'~ ~~ ., ~~ r: ~~:^~ 2.~° ••.'..'Cl:~ 1 tl,~~ ~ ~., r
~.J J. 1L 1,~17 t~ lll v~ ~ ~. v'i vuP~Cv~ ui~.~ L./~.l1JV I-1:~1V~IIlVIIL. __
14. llestruction of Premises. 1f the Premises or Lessor's Property is destroyed or
damabed so as IIl l,essee's judgment to hinder its effective use of Lessor's Propei~ty for ihe onaoing
operation of a~~rireless comrnunications site, Lessee may elect ta terminate this Lease Agreement without
further liability of Lessee as of the date of the dama~;e or destruction b~~ so notiiying I..essor no more than
thirty (3U) days following the date of damage or destruction. ]n such event, 11l ri~;hts and obligations ofi
the parties which do not survive the tcrminltion of this Lease AbreemenC shail cease as of the date of the
damabe or destruction.
15. Cc»demnation. 11' a condemning authority takes ~ill of Lessor's Rcal f'ro}~crty, or a
portion ~~~hich in l.essee's reasonable opinion is sufficient co render the Premiscs unsuitable Cor Lessec's
ongoing operation of a wireless communications site, tfien this Leasc A~reement shaEl tennina.te without
fi~rther liability of I..essee as of the date when possession is de[ivered to the condemning auil~ority. !n
any condemnatioii proceedin~ cach pariy shall be entitled to make a claim against the condemning
authority for,ju~t cam~~ensation recoverable under applicable condemn~rtion la~r~. Safe of'all or part of the
Pr~mises to a~ucchlscr witll tlie po~~~er of eminent domain in t11e face of the exercise of its pow~er ol'
eminent domain shal[ be treated as a taking by a condemnin~ luthority.
1G. [nsur~nce. I~essee shall~maintain the f~llo~vin~ insurance: (1) Commercial Genera)
Liability with limiis of One Milfion Dollars ($1,OUO,OOU.00) per occurrencc, (2} AuEornobile LiabiliCy
with a combined sin~le [imit of One Million Doll.ars ($1,000,000.00) per lccident, (3) Workers
Compensltion as renuired by 1aw, 1nd (4} Employer's Liabiiity witl~ limits of Une Million Dollars
($l,U0U;000,00) per occurrence. Lessor, at Lessor's sole cost and expense, shall procurc 1nd niaintain on
the ~'roperty, bodily iiijury and properly damage ins~u~ance with a combi3~ed sinble limit of at le~ut One
Million Dollars ($1,0OO,OQ0.00) per occurrence. Such instirance shal) i3~sure, on an occurrence basis,
against liability of Lessor, its employees and a~ents arisinb out of or in connection with Lessor's use,
occupancy and mai~ltenance of the Properly. Cach party sllall be n~med as an lddiiional insured on the
other's policy, Baclz party shall provide to the other a certificate of insurance evidencing the caverage
recluired by this para~naph ~~~ithin thirty (30) days of the Commencement Date. Each party waives any
ri~hfs of recovery against the other for injui}~ or l~ss due to hazards covered b}~ their proper~y insurance,
and each plrty shalt require such insurance polieies to contain a waiver of recovery lgainst che other.
17. Assi~nments or Transfers. Lessor may assi3n or transfer this l.ease Agreemenc to any
person or entity ~~~itllout any rcquirement for prior approval by Lessee, provided that such assignee or
transferee agrees i» writiilg to fulfll the duties and obligations of the Lessor in said Lease r~greement,
including the oblibation to respect Lessee's rights t0 nondisturbanCe and quiet enjoyment of the Premises
cluring the remainder of the ']'erm and any Renewal Term hercof. I:essee may assibn or transfer this
1,ease Agreement witt~out prior approval by Lessor to any of Lessee's parmers, shareholdet's; mernbers,
subsidiaries, or afifiliates, to any entity in ~vhich Lessee or any of its affiliates holds an ownership
Page 5 of ] 7
Site No.: ORD210
SiTe Address: 15001~~'inter Springs k31vd. Vv'intcr Sprinbs. }~lorida 32708
~x~cu•r~oN coNY ~. i o.06
01100100 12:00A P.006
interest, or to a person or entity acc~uiring by purchase, merger or o~eration of law a majority of the value
of the assets of Lessee, Lc:ssee shall not assign or transfer this Lease Agreement to any other person or
entity without the pri~r written approval of Lessor, WIl1C~1 approva[ shal( not be unreasonably ~vichhefd,
conditioned, or delayed. NotwithsYanding anything to the contrary concained in this Agreement:, Lessee may
assign, mortgage, pledge, hypothecate or otherwise transfer ~vithout consent its interest in this Agrec:ment to
any iinancing entity, or agent on behalf of any financinb entity to whom Lessee (i) has obligations far
borro~ved money or in respect of guaranties thereot; (ii) has obligatians evidenced by (oans, bonds,
debentures, iiotes or similar instrwnents, or (iii) has obligations under ~r with respect to letters of credit,
~v`:..:.~:~.~ ..w`v'~~~+~~wo uliu .~iu~~ii.'.u i~'aCii~iiw v~ ~u IVJ'.IVVt V~b~1UJU1i~Iv°$ t~iGiPiOf. _- -
18. Subleases. Lessee shall not have tha right to sublcase or other~vise allow any other
communicaYions provider to occupy space on any antenna structure or ec~uipment enclosure installed by
Lessee at tlle Premises.
1). Nandisturbance and Quiet ~njovment: Subordination: Esto~pel Certificates.
(a) So lon~ as Lessee is not in default under this l,ease Agreement, l..essee sha(I bc
entitled to c~uiet enjoyment oP the Premises durin~ the term of this Lease Abreement ar any Renewal
"I~enn; and Lessee sl~all not be disturbed in its occupancy and ase of the Premises.
{b} This Le1se Agreeinent sl~all be subordinate ta each and every deecl of trust,
mortglge or otl~er security instrument which may now or hereaf~er affect Lessor's Real Prope~-ty and to
any renewals, extensions, supE~lements, amendments, modifcations or replacemenes thereof. In
confirmation of such subordin~tion, Lessee shall execute and deliver promptly any certiiicate of
subordination that Lessor may~ reasonably request, provided that such certificate acknowledges that this
Lease Agreement remains in iiill force and effect, recognizes Lessee's right to nondisturbance and quiet
enjoyment of the Prcmises so long as Lessee is not in default under this Lease Agreement, only contains
true and accurace statemcnts and Lessee's liabifity shal! be capped ut the reinaining rcnt under this l.ease
Aareement. ICany mortgagee or lender succeeds to Lessor's interest in Lessor's 2eal Property through a
foreclosure proceeding or by a c(eed in lieu of fia~ec(osure, Lessee shail attorn to and reco~~nize such
successor as Lessor uilder this Lease Agreeme~it,
(c) At any time upon not less than ten (l0) days' prior written notice by Lessor,
Lessee shall executc:, acknowledge a.nd deliver to Lessor or a~~y other party specified by Lessor a
statement in «~riting certifying that this Lease Agreement is in full force and effect, if true, and the status
of any continuing defaults under ehis Lease Agreement.
2U. Indemnifications.
(a) Lessec's Inclemnitv. Lessee hereby agrees to i~idemniiy and hold Lessor ancl
Lessor's officers, directors, plrcners, shareholders, emplo~~ees, aaents, contractors or subcontractors
llarmless from and against any 1nd alt ]osses, claims, liabilities, damabes, costs and ex~enses (including
reasanable attorney's fc:es and costs} and injuries (including personal injuries or death) arising fi•om or in
connection with Lessee's use, operation, maintenance or repair of Lessee's FacilitiLS at the P~~emises or
access over Lessor's Real Property or Lessee's sliared use of I,essor's easements for access to the
Premises, except those resultind from the neglibence or ~~ri]lful misconduct of Lessor or Lessor's offcers,
directors, partners, sh~reholders, employees, agents, contractors or subcontractors.
I'a~Je 6 of 17
S ite N o.: ORD21 U v
Site Address: 1~U0 11~intcr Springs 131vd. Wintcr Springs, Florida 327(?8
F,XECt1TlON COPY 7.10.06
01100/00 12:00A P.007
(b) Lessor's Indemnit~•. Lessor hereby agrees to indemnil'y and hold Lessee and
l,essee's of{icers, directors; partners, shareholders, employees, ~gents, contractors or subcontractors
harmless from and against any and all losses, claims, liabilities, damabes, costs and expenses (inc[udinb
reasonable attorney's Pees and costs) and injuries (including personal injuries or death) arising from ar in
connection ~vith Lessor's use, operation, maintenance or repair of improvements on Lessor's Real
Propert~-, Lessor's shared use of easements for access to Lessor's Rea1 Propcrty, any violation of
bovernmental cegul.ations relating to tlic Preinises and any to~;~ers used by Lessee (including the lighting
or painting far aviation pathv~~ays), except those resultin~ fi•om the negli~ence or willful misconduct of
T ~~~~~ v:' r pgg~~'~ Cf,P,`r,n;-e r~,IjrP~t•nrc nartn~rc cl~arvlinlrl~rc rmnlrn~rrc a~r~ntc qniitr;tc•.t~t~c nr
.,~ .., r».~...,. > > r•~~ - ~ ••a-•• - - -
subcontractors,
(c) Surviv.il of Indemnitv Yrovisions. The indemnity provisions of this section
shal] survive the expiration, cancellation or expiration of this Lcase Abreement.
21. H~tzarclous til~teriats. Lessee aarees that it ~~~il( not use, generate, store or dispose of
any 1-~azardous 1~1aterial on, undcr, about or within tlze Lessor's Real Property in violation of any law or
regulatian. Lessor represents, ~varrants and agrecs (]) that neither Lessor nor, to Lessor's kno~vledge, any
third party has used, ~encrated, stored or disposed of, or permitted the use, gene~ation, storage or
disposal oP, any 1-tazardous Material (d~fined below) on, under, about or within I.~essor's Rcal Property in
violation of any law or regufation, and (2) that L~essor «-ill not, and ~rlill not pcrmit any third party to use,
generate, store or dispose oi'any [-fazardous Materiaf on, under; abOUt Or within Lessor's Real Property in
violation of any la~i~ or regulltion. Lcssor and Lessee each agree to defend, indemniEy and hold harmless
the other and the other's partners, af{iliaies, agents and employees against any and all losses, liabilities,
claims and/or costs (includin~ reasonable attorneys' fees and costs) arisin~ From any breach of' a.ny
representation, ~~~~c'ra~lty or a~reement contained in this par<igraph. As used in this paragrapli,
"I-lazardous Materill" shall mean petroleum or any petroleum product, asbcstos, any s«bstance lalo~vn by
Yhe statc in which Lessor's Real Property is located t~ cause cancer and/or reproductive toxicity, and/or-
any Substance, chemical or waste that is identitied as hazardous, toxic or dangerous in any a~plicable
federal, state or local law or rebulation. This paragraph shall survive the termination of ihis Agreement.
22. Notices and Deliveries. Any notice or de3liand required to be given hcrein shall be
made by certitied or rcgistered mail, return receipt requested, confirmed fax, or reliable overnight
delivery service to the address of the respective parties set forth belo«~:
Lessor: Vertel Uevelopment, LLC
405 S. Dale Ntabry Flwy., ~24~1
Tampa, FC, 33609-2820
Attn: Ala~~ Ruiz
Telephone: 813 335-4765
racsimile: 813 436-5674
Federal Taxpaycr ID Number: 37-1494273
Lessee: Royal Street Communications, LLC Copy to: Metro ACS
75~7 l~ambler Itoad. Suite 700 Attn: I.easing!Lonin~ Mana~;er
Ual(as, Texas 75231 511 Soutli US 1-l~~y 301
Attn: I'roperty l~lanager Tampa, I'L 33619
Telept~ane; 214-265-6509 813-830-5500
Facsimile: 214-265-6510
Page 7 oF l7
Site No.: ORD2 ] 0
Site Address: 1~OU 1~Vinter Sprinbs I3lvd. W ituer Springs. I'lorida 32708
cx~curro~ coPV ~.io.od
01100/00 12:00A P.008
Lessor or Lessee may fi-atn cimc to time designaCe any other address Por notices or deliveries by ~~~ritten
notice to the other ~arty.
23. iVliscel(aneaus.
(a) Severabilitv. If any provision of tl~e Lease Agreem~nt is held to be invalid or
I l0 1.., + F ~..,.,,N~t~.,r ~i '.i'~+:r... ..'I~:i ''C°rC^.~ ~n n~r N ~: j'~ ~~;C :E'.:::P,I::G.nr nf 1'hj~ I~acrV
unenfc~cea~,~ ~; a c:~Gr, c. ,,,,~,~ ,,..,~~< <r.s....,~,.,., . ,., ~ z..
Agreement or the application of such provision to persons other than those as to wham it is held invalid
or unenforceable shall not be ~rffected, each ~rovision of this Lease ~lgreement shal} be valid and
enforceable to the ti~llest extent ~ermitted by law, and the parties shall negotiate iii good faith to amend
this Lease Abreement to retain the economic effect of the invalid or t~nenforceable provisions.
(b) Binclin~ .Effect. Each party represents and warrants thal said plrty has full
po~ver and authority, and tlle person(s} executing this Lease Agrcement have full po~ver and authority, to
execute and deliver this Lease A~reement; and that this Lease Agreement constitutes a valici and bi~zdinb
obligation of each party, cnforceable in accordance with iis terms, except as enforceabi[i~}' «~ay be
limited by applicable bankruptcy, insolvency, reorganization, moi•ltoc•iurn or other la«~s affectin~ clle
enforceEnent of crcditor's rights generally and by generai equitable principles (~~~hether enforcement is
sou~ht in proceedings in equity or at law). This Lease Agreement shall Ue binding on and inure to the
bcnefit of the successors 1nd permitted assignees of the respective parties. _
(c} Waivers. No provision of this Lease Agreement shatl 6e deecned to have been
waived by a party unless the waiver is in writin~ and signed by the party against whom enforcement of
the waiver is attemptcd. No custom or practice which may develop bet~i~een the parties in the
implementation or actminis[ration of the terms of this C,ease ~greement sllail be co~tstrued to ~vaive or
lessen any right lo insist upon sirict performance of the terms of this Lease Agreement.
(d) Governin~ La~w~. This Lease sllall be governcd by and construed in accordance
with the laws of the State in which the Premises ara located.
(e) Attorne~c~s' Fees ancl Costs.. The prevailing parly in any legal claim arising
ltereunder shall be entitled to its reasonable attorneys' fees and court costs.
(f~ SurvivaL Terms and conditions of this Le1se Agreement which by their sense
and context survive the termination, cancellation or expiration of tllis C,ease Agreement wi(( so survive.
(g) Memoranclum of Lease. Lessor ackno~~~ledges that a Memorandum of
Agreement substantially in the form annexed hereto as Cxhibit C wil) be recorded by l.essee in the Ofiicial
Records of the County ~~here the Property is loclted.
(li) rntire A~reement; Ameudments. This Lease Agreement constitutes the entire
agreement and understanding between the parties regarding Lessee's lease of the Premises and
supersedes all priar and contcmporaneous offers, negotiations and other a~reements conceming the
subject matter .coneained herein. There are no representations or understandings of any kind not set forth
herein. Any amendments to this Lease Agreemenc must be rn writin~ and executed by duly authorized
re~resentatives of both parties.
Page 8 of ] 7
Site No.: ORD210
Site Address: 1500 Winier 5prings I3Ivd. Winter Springs, I~lorida 32708
GXGCUTION COPY 7.10.06
01/00/00 12:00A P.008
(i) h~o Presumpfions Re~ardin~ Preparation of Lease :~dreement. The parties
acknowled~c and agree that each of the parties has been represented by counsel or has had full
opportunit}~ to consult ~vith counsel and that each of the pallies has pa~licipated in the neootiation and
drafting of this Lease Agreement. Accordingly it is the intention and aareement of the parties tiiat the
language, terms 1nd conditions of this Lease Agreement are not to be construed in any «~ay d~ainst or in
favor oi' any party hereto by ceason of the roles and responsibilities of the parties or their counsel in
connection with the preparation of t1Zis Lease A~reement.
~ST.GNATURE YAGC FOLGQWS]
I'a~e 9 of 17
Site No.: URD210
Site Address: 15U0 ~~'inter Springs I31vd. ~'dintcr Sprines, Florida 32708
ExLCV~r~oN cor~Y ~.io.o~
0liooroo i2:mma P.msO
IN VVITNESS VVHEREOF, the parties ha~~e caused this Lease Agreement to be executed by their
duly authorized representatives on the dates set forth below and acknowledge that this Lease
Agreement is effective as of the date ~rst above written.
WITNES~
Name:
Print:
Name:
Print:
WITNESSES:
~~(~, ~
N a m e: ;l`~.~=D"1.c..``--_. ~ P~c.~
Print: ~~t~1'-r ~ G~
N a m e: ~ k~.-/
~Gt C_. ~~ 1
Print: ~~i~~ '~.~tt~`'7
L~SSOR:
Vertex Development, LLC,
a Delaware (imited liabilit}~ company - -
By: -
(Signature
( ~
Print Name: I(:ft~c 1,.~,,,? _
Title: ~" /1C~ Gr ~ A a ~~
Date: `t- ~~'d~P
LESSEE:
Royal Street Communications, LLC, a Dela~~~are
limited liability cumpany
By: ''
(Sign ire)
PrintName: ~I~n~~.. C..:~~"~r~~~-
"1'itle: ,_,~o~~lr~.k l~~xsr,-,-~° .•x.~ /~1CLua.c,th .
0
Date:
Site No.: ORD210
Site Address: I~UO Wintcr Springs E31vd. Wintcr Sprinos, Florida 32708
EXECUTION COPY 7.10.06
Page 10 of 17
~~~~
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GRAPH/C SCALE LE G E N D
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O LOCATION OF PI10T0
(Scale in feet)
Scale: t"=800' - DIRECTION OF PI10T0
VERTEX DEVELOPMENT, LLC.
TUSCAWI LIA
PROPOSED I 50' TOWER
WINTER SRPRINGS, FL
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ATTACHMENT E
CITY OF WINTER SPRINGS, FLORIDA
1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA 32708-2799
Telephone (407) 327-1800
Ronald W. McLemore
City Manager
June 29, 2007
Alan Ruiz
Vertex Development, LLC
405 Dale Mabry Highway, Suite 244
Tampa, Florida 33609
Dear Mr. Ruiz:
This letter is to advise you that the City Commission has expressed strong concerns regarding the
negative aesthetic impacts of cell tower monopoles at the 130-150 foot height being discussed at
this time. The Commission has expressed a strong preference for a lower tower alternative that
would fit on an existing telephone pole and a new pole installation that would not extend above
the typical tree canopy line in the City.
This letter is provided for advisory purposes only and should not be construed in any way as a
regulatory decision.
If you have any questions, please contact me at your convenience.
Sincerely,
~.~~~ ~3 /~~ ~~~
Ronald W. McLemore
City Manager
~JP
cc: Community Development Director
ATTACHMENT F
CITY OF WINTER SPRINGS, FLORIDA
UNAPPROVED MINUTES
BOARD OF ADJUSTMENT
REGULAR MEETING
JULY 11, 2007
(RESCHEDULED FROM JULY 5, 2007)
CALL TO ORDER
The Board of Adjustment Regular Meeting of Wednesday, July 11, 2007 (Rescheduled
from July 5, 2007) was called to Order at 7:01 p.m. by Chairman Thomas Waters in the
Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434,
Winter Springs, Florida 32708).
Roll Call:
Chairman Thomas Waters, present
Vice Chairman Jack Taylor, present
Board Member Howard Casman, present
Board Member Linda Collins, present
Board Member Kathryn Fairchild, absent
A moment of silence preceded the Pledge of Allegiance.
Under Agenda Changes, Mr. Randy Stevenson, ASLA, Director, Community
Development Deparhnent stated, "'There was to be two (2) Agenda Items tonight `500'
and `501'. Your Agenda Item `500' the Application for Crown Castle [International] was
withdrawn from consideration this morning."
PUBLIC INPUT
No one spoke.
INFORMATIONAL AGENDA
INFORMATIONAL
100. Not Used.
CITY OF WINTER SPRINGS, FLARIDA
UNAPPROVED MINUTES
BOARD OF ADJUSTMENT
REGULAR MEETING - JULY 11, 2007
(RESCHEDULED FROM NLY 5, 2007)
PAGE 2 OF 15
CONSENT AGENDA
CONSENT
200. Of~ce Of The City Clerk
Approval Of The January 4, 2007 Regular Meeting Minutes.
"I MAKE A MOTION WE APPROVE THE MINUTES - JANUARY 4, 2007."
MOTION BY ADVISORY BOARD MEMBER CASMAN. SECONDED BY
ADVISORY BOARD MEMBER COLLINS. DISCUSSION.
VOTE:
BOARD MEMBER CASMAN: AYE
CHAIRMAN WATERS: AYE
BOARD MEMBER COLLINS: AYE
VICE CHAIRMAN TAYLOR: AYE
MOTION CARRIED.
AWARDS AND PRESENTATIONS
AWARDS AND PRESENTATIONS
300. Not Used.
PUBLIC HEARINGS AGENDA
PUBLIC HEARINGS
500. Community Development Department
WITHDRAWN
Requests The Board Of Adjustment Hear The Request Of Crown Castle
International For A Conditional Use To Allow A Telecommunications Tower, On
An Approximately 75' X 75' Lease Site At The City's Wastewater Treatment Plant
Site In Tuscawilla, Along Winter Springs Boulevard (1560 Winter Springs
Boulevard). The Site Is Located Within The PUD (Planned Unit Development)
Zoning District (The 5ite Has A Public/Semi-Public Future Land Use Designation).
This Agenda Item was not discussed as it was Withdrawn.
CITY OF WINTER SPRINGS, FLORIDA
UNAPPROVED MINUTES
BOARD OF ADJUSTMENT
REGULAR MEETING - JULY 11, 2007
(RESCHEDULED FROM JULY 5, 2007)
PAGE 3 OF 15
PUBLIC HEARINGS
501. Community Development Department
Requests The Board Of Adjustment Hear The Request Of Vertex Development,
LLC For A Conditional Use To Allow A Telecommunications Tower, On A 70' X
70' Lease Site, At The Tuscawilla Country Club (1500 Winter Springs Boulevard),
In The Tuscawilla Planned Unit Development (PUD). The Site Is Located Within
The PUD (Planned Unit Development) Zoning District (The Site Has A Recreation
And Open Space FLU (Future Land Use) Designation).
Mr. Stevenson presented this Agenda Item and stated, "According to Ordinance 2006-12,
we have ninety (90) business days in which to process this. That means we need to -
acted on by the Commission by September 7`I', 2007."
A Map entitled "Figure 1 to Ordinance 2006-12" dated February 12, 2007 was displayed.
An Aerial view was then shown of the proposed site and pictures of the proposed
monopole towers.
Mr. Stevenson then said, "Staff would recommend that the Board of Adjustment consider
the information presented in the Staff Report as well as the upcoming Public Hearing
Testimony and Testimony of the Applicant. And if the Board is satisfied that the request
is consistent with all the applicable data and Code provisions including whether or not the
Applicant has provided the evidence that demonstrates that Tier One or Tier Two sites
are not available or technically feasible, make the recommendation that they deem
appropriate to the City Commission based on the Criteria set forth in the applicable Code
sections that we talked about here tonight."
Discussion.
Ms. Mary D. Solik, Foley & Lardner LLP, 111 North Orange Avenue, Suite 1800,
Orlando, Florida: representing Vertex Development LLC, Ms. Solik spoke on this
Agenda Item.
Tape 1/Side B
Ms. Solik said, "I want to put in a full set of the Application in the Record. You all were
not given the full set in your packages and later I will outline what was in there that is not
in your packages. Just for example, we did submit a Tree Survey to the City that was in
the Application package. That was one of the Conditions of approval. That has been
done."
CITY OF WINTER SPRINGS, FLORIDA
UNAPPROVED MINUTES
BOARD OF ADNSTMENT
REGULAR MEETING - NLY 11, 2007
(RESCHEDULED FROM NLY 5, 2007)
PAGE 4 OF 15
After numerous phone conversations with City Attorney, Anthony A. Garganese, Ms.
Solik noted, "I need to state my objection on the Record. I am of the opinion that the
modified Ordinance does not give the Board of Adjustment Aesthetic Review jurisdiction
that still remains in the City Commission. That's not generally something that this Board
deals with. Your Staff Report indicates that you have that jurisdiction and has asked you
to opine on that. My review of the Ordinance and your existing [City ofJ Winter Springs
Code provisions says that that's not how that is read. The City Commission still makes
that decision and that you are not Advisory on that issue. You certainly are Advisory on
the `Conditional Use'. Again, legally, I just need to get that on the Record.
The next thing I want to do is, there was an additional Letter of Intent that we received
today from a carrier, and that was Sprint [Nextel]. That was not in your Application
package. I am going to put that in the Record."
A letter from Sprint [Nextel] dated July 11, 2007 was distributed to the Board Members.
Ms. Solik said, "I want to put into the Record the Letter from Crown Castle
[International] withdrawing their Application, since that is an issue that has been
referenced in your Staff Report."
Mr. Alan Ruiz, Yertex Development, LLC, 405 South Dale Mabry Highway, #244,
Tampa, Florida: spoke regarding proposed cell tower location. Mr. Ruiz said, "First and
foremost is the location going to work from a radio frequency perspective for the tenants
that you are trying to put on the tower. In other words, is the location in the right place
from a technical point of view, because it can be the best location in the world from every
other point of view but if it doesn't work technically for the people who need to mount
antennas on the tower, it is a worthless location. So, the very first consideration that you
take into account is the needs of your tenants.
In this case, T-Mobile is our anchor tenant, and basically, they let us know that the most
preferred and best location not to mention the location that would work, would be on the
west side of that golf course if at all possible. So, that is how we ended up dealing with
Tuscawilla [Country Club] Golf Course and community center, and so we approached
them and started working with them about a location on their property. The second thing
that you have to consider, as much as an impact the actual tower is, the compound that
houses all the ground equipment for the tower is impacted to those immediately
surrounding the area.
So, in an ideal world you are able to put that compound in a tree stand such as the one we
are proposing today. I think we have the best case scenario in this situation as far as the
compound location goes, because we are able to put it in a tree stand that really
minimizes the visual impact and the impact overall of the actual ground mounted
equipment, the equipment that goes on the ground that supports the cell sites for each of
the tenants.
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Another consideration - is the actual tower itself and how it is going to impact things.
And so, we felt that by putting it up close next to the existing ninety foot (90') high
voltage power line easement would at least minimize the impact considering there was
already an impact there. We weren't bringing something completely new to the game,
there was already an impact being made and so we are just adding to that hopefully,
choosing the least obtrusive location as possible for the actual pole that goes up into the
air.
You have to find a landlord that is willing to lease you or sell you or allow you to put this
Application in place - and we were lucky enough to do that with the [Tuscawilla]
Country Club, but we had to consider what their operations are with the golf course."
Mr. Ruiz said, "So we had to consider where to put that tower relative to the operations
of the parent track which is the [Tuscawilla Country Club] Golf Course and how they do
their business. There are also other considerations such as bringing power to the site,
bringing telco [telecommunications] to the site, whether or not there is adequate tree
cover. Again this goes back to trying to screen the facility as much as possible.
For example, are there wetlands, are there endangered species in the area? These are all
things that are all necessary - that need to be considered for a site. For an example, there
is a little creek that runs in the area, we made sure we were appropriately set back from
the wetlands so we were not impacting those wetlands and again - we very much so
consider the landlord's use of the property and what their needs are and so we try to
balance all these things.
The Radio Frequency Engineer's need to know, so that we can technically address the
needs of the site. We want to make sure that the compound is being screened, the tower
is being screened, that the golf course can continue its operations without us impacting
them too much and so that we are also able to bring access power and telco
[telecommunications] to the site adequately. So, these are all the things that we - when
we spoke to the [Tuscawilla] Country Club and figured where the best place would be to
put the tower."
Ms. Solik said, "The Tiered analysis, [Mr.] Art Peters (Consultant) really has already
answered the question about Tier One. He has told you, he told the City Commission in a
report that has been paid for by the City that the four (4) locations in Tier One will not
work to provide coverage to the Tuscawilla residential area. So, now we need to go
through the Tier Two analysis. And the first location in Tier Two are on properties that
are owned by the City of Winter Springs that are designated public, semi-public on the
Future Land Use Map (FLUM)."
The City of Winter Springs Future Land Use Map (FLUM) was then displayed.
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Ms. Solik said, "We are talking about - the general geographic search area is the
Tuscawilla area and I have circled the four (4) properties that are even remotely close to
this area that are deemed public, semi-public on the City's Future Land Use Map
(FLUM). The Code also requires that they be owned by the City of Winter Springs. This
is the school property that is not owned by the City. This is a church property - also not
owned by the City. This would - actually I don't know who owns this piece, but it is so
far remote; it is right up on [Florida State Road] 417. Our engineers are going to testify,
they will tell you that they have tower, cell locations on this side of [Florida State Road]
417 and this would be much, much too close to their existing cell sites over here to
provide any additional coverage.
So, the only possibility is the water reclamation facility next to Sam Smith Park and the
three (3) RF (Radio Frequency) Engineers who will testify tonight will all tell you that
that site just doesn't work for them. It is too far east. And as demonstrated in Art Peters'
Report, the cells are kind of developed in a honeycomb fashion and in order for a call to
pass from one cell to another, there has to be some overlap in coverage between the cell
sites. And if you move the site that far east, then you create a gap between the cells on
the west side and you don't get that hand off. So, the appropriate geographically location
is to the west of that property."
Ms. Solik read an excerpt from the Code of Ordinances.
Continuing, Ms. Solik said, "The whole goal here, the whole geographic coverage
objective is to provide coverage to a residential area, so we can't, even if there were
commercial or industrial buildings tall enough to support a ten foot (10') antenna on top
of the building in this area, which there are not. The Ordinance by its very terms would
prohibit us from locating on that property in the Tuscawilla residential area.
The third criteria is within an enclosed existing church steeple or other type of existing
structure and [Mr.] Randy Stevenson told you that that is not intended for us to build a
church steeple, that means its got to be something existing and again there are no
facilities in that residential area that have sufficient height that we could co-locate an
antenna in and add coverage. The next Tier Two location is upon existing sports lighting
structures, utility structures and water tanks provided that the structure is not located
within a single residential area.
Again that eliminates Tuscawilla because this is a single residential area. So, we can't
utilize any structures in that area. And finally, the last one is on the proposed Fire Station
number three (3) which is to be located on the south side of State Road 434. I have
circled it up there. That's this little site up here. This is outside of the geographic search
area as well which is much more down in this area, as shown on the Art Peters' map and
as the RF (Radio Frequency) Engineers will testify to. So, those are the Tier Two
locations. They just don't work. They just don't allow us to get in there and provide the
coverage in this residential area."
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Next, Ms. Solik said, "This is also another copy of the City's Future Land Use Map
(FLUM). I am now moving to the Tier Three location. And the first Tier Three location
and Randy [Stevenson] is correct, these are listed in order of preference. You - can't use
[Tier] One before you can use [Tier] Three, which is the site that we have chosen.
And the first - property which has a Future Land Use (FLU) Designation of `Industrial'.
The only properties in the City of Winter Springs with `Industrial' Future Land Use
(FLU) are up in the very northwest tip of the City." Ms. Solik said, "So, that is not an
option."
Continuing, Ms. Solik said, "And the next category of Uses is property which has a
Future Land Use (FLU) Designation of `Mixed Use' and is part of a Department of
Regional Impact (DRI). I only found two (2) properties on your Future Land Use Map
(FLUM) which are designated `Mixed Use', this one right there and the one down here
on the bottom, and neither one of those is a DRI (Department of Regional Impact). I
checked with the Department of Community Affairs (DCA) and they told me that only
Oviedo Marketplace is a DRI (Department of Regional Impact)."
Ms. Solik said, "Again, it is outside the geogaphic search area even if it is a DRI
(Department of Regional Impact) property. It's much too far south and it is going to be
too close to locations that carriers have on the east side of [Florida State Road] 417. So,
not a whole lot of RF (Radio Frequency) support needed to tell you that we just can't -
find a location in Tier Two, we have to drop down to Tier Three.
Ms. Solik introduced the RF (Radio Frequency) Engineers from T-Mobile, metroPCS
[Inc.] and Clearwire [US LLC]. All three (3) of these entities have submitted leases,
they have signed leases to co-locate on this tower and those leases have been submitted
as part of your package - Alan [Ruiz] - tell these folks who all have expressed interest,
what the level of commitment is and how this tower is loaded up."
Mr. Ruiz said, "This tower is loaded for seven (7) levels of loading. On the first level, we
have a lease signed with T-Mobile. On the second level, we have a Letter of Intent and a
Tenant Application submitted by Verizon Wireless. Sprint Nextel has submitted a Letter
of Intent and an Application committing themselves to the third and fourth levels.
metroPCS [Inc.] has a signed lease in place for the fifth level. Cingular Wireless has
submitted an Application for the sixth level and we have a signed lease on the seventh
level with Clearwire [US LLC]. Now the reason we don't have signed leases on every
single unit is because some of the corporate policies that some of these companies have
are that they don't sign leases until the tower is in the air. And others don't have that
same policy, therefore, they are able to submit Applications and Letters of Intent, but not
signed leases yet, others are able to sign leases. The bottom line is that every single cell
phone company that operates in this community and this County has submitted either an
Application, Letter of Intent, or a signed lease to co-locate on this tower. In other words,
every one needs it."
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The Site Plan was displayed to show the elevation drawings of the tower.
Continuing, Ms. Solik said, "Each one of these little squares are levels on this tower is a
Tier for a wireless carrier and T-Mobile will be at the top, Clearwire [US LLC] is at the
bottom, Verizon [Wireless] is down here and Sprint [Nextel], three (3) and four (4),
Cingular [Wireless], metroPCS [Inc.]." Board Member Casman asked, "The higher up
you are the better the coverage?" Ms. Solik said, "Absolutely."
Chairman Waters asked, "What are those increments between antennas?" Mr. Johnson
said, "Each one of those pods is ten feet (10') so what you are looking at is one hundred
and fifty foot (150') tower with the top seventy feet (70') of that tower having antennas.
So, what you really need to consider is we need to provide the ability for all licensed
carriers to provide coverage in the area. The lowest carrier, which is Clearwire [US
LLC] is looking at the bottom spot ranging between eighty one (81') and ninety feet
(90')."
Mr. Dan Babilla, Senior RF Engineer, T-Mobile, 200 Telcom Drive, Orlando, Florida: as
a resident of Winter Springs, Mr. Babilla spoke of cell phone coverage in the Tuscawilla
area. Referring to a T-Mobile cell phone coverage map of Tuscawilla, Mr. Babilla said,
"The `red' areas show a very strong level of cell phone coverage that would work for the
most part, most - residential indoors. That would be in the `red'. The `yellow' shows an
in-vehicle - coverage acceptable reliable coverage in your car. The `green' level in the
middle - a lot of pixels on this computer model coverage chart shows that there is a
deficiency where it only works outdoors."
Mr. Babilla said, "Radio frequency is a line of site technology and it's been that way for
however long it has been discovered and a form of communications for us. There is one
(1) white pixel and that is right where Howell Creek comes through on Northern Way
and it is a low spot. So, it kind of demonstrates that line of - radio frequency line of site
is determined and other variables also go into that. Tree cover absorbs and scatters the
signal so, trees can block the signal. Construction of our homes - concrete, obviously
steel and on the other end, windows can let the radio signal in somewhat. So, basically
what we are looking at is our current coverage and if we put this proposed site at a
hundred and fifty foot (150') right at the proposed location, we see how it is almost like a
piece of the puzzle."
Mr. Babilla then said, "With very little gaps between the sites, as far as a good rock solid
residential level of coverage. I wanted to demonstrate the site locations we currently
have now in and around Winter Springs - and we kind of centered this around
Tuscawilla."
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Mr. Babilla explained, "This location is obviously east of [Florida State Road] 417 - just
north of [State Road] 434, it's back in the woods a little bit right there and that site - just
gets - just barely south of [State Road] 434 and a little bit into the Tuscawilla area but
obviously it doesn't get toward the center. And the same with the tower - Oviedo
Marketplace you notice a tower right behind it right off of [Florida State Road] 417, that
would be that site location right here. This wireless communication tower - on
Tuskawilla Road just south of Red Bug Lake Road and that obviously is too far south to
get into the Tuscawilla community.
We also have this site, and this site Mary (Solik) either on City property or on an
easement, right-of-way, anyway it is by some power lines - that is here and then right
across the street or right next door actually is a monopole - that actually T-Mobile
originally developed and worked and partnered with the City before for providing
coverage at this location. So, the question I heard was, `Why do we need the site in this
location'? The network has matured around and dictated, we have to put it in a location
in the middle of the hole as opposed to having multiple sites. If we have to move this
outside of our search area ring, either this way or that way, that is going to - open up a
coverage hole to the other site. It is basically a location balance." Mr. Babilla said, "We
found this to be a very feasible and plausible location that I think is probably the best we
have come up with."
Ms. Solik asked, "Mr. Babilla is this one [hundred] fifty [feet] (150') height perfect
coverage for you?" Mr. Babilla said, "You can see there are a few gaps, but it is very
feasible and it will work." Ms. Solik then asked, "Are you utilizing the lowest height
technology at this site?" Mr. Babilla said, "Yes. This is our minimum design height."
Ms. Solik asked, "Is the technology that you use dictated by the height of the proposed
application?" Mr. Babilla said, "Yes." Ms. Solik then said, "Do you have a different
technology at a hundred feet (100') than you use at a hundred and fifty feet (150')?" Mr.
Babilla said, "We use the same equipment, the same technology throughout our network
is consistent."
Ms. Solik asked, "Do you ever go in and seek approvals for a height higher than you
really need?" Mr. Babilla said, "No. We don't believe in doing that because basically -
a number of reasons. Building it higher than we need causes interference to other places
in town, because we have to reuse the limited spectrum of frequency that the FCC
(Federal Communications Commission) gives us. Also, it gives us additional loss in
equipment, like coaxial going up the tower, it has to be fed with coax cable which is
usually made of copper or copper clad materials, it's expensive. It is not feasible to do
that."
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Ms. Solik asked, "Do you take aesthetic considerations into account when you are
designing your network location?" Mr. Babilla said, "Yes. It is T-Mobile's practice and
it is a corporate mandate actually that we do the best we can as far as site wireless
communications facilities and be a good neighbor in the community and work with the
jurisdictions and partner with them any chance we can get."
Ms. Solik then asked, "If you could have more height out there, would you take it?" Mr.
Babilla said, "Yes. But I would want to jump at the opportunity, but at the same time, I
don't think that would be the right thing to do because this is our minimum height but at
the same time we want to partner with the community so, we are looking for a good
medium."
Discussion.
Mr. Craig O'Neill, RF Engineer, metroPCS Inc., 8256 Exchange Drive, Suite 230,
Orlando, Florida: spoke about a need for additional coverage and displayed a map of the
coverage area. Mr. O'Neill said, "If you just take a look at these two (2) plots I have, it is
very similar to what Dan [Babilla] did. This is at our spot - I believe it is spot five (5)
which is a hundred and five feet (105'). This is showing our existing coverage and our
existing towers in the area and the obvious hole in Tuscawilla. The plot above there will
show the improved - currently we have sites that our `yellow' here these four (4) in the
circle here and it creates the hole right in this area. This is the proposed Vertex
[Development, LLC] tower here and this is the area of improvement that we would get
here at a hundred and five feet (105').
Just a little bit of area down here that is not going to get filled in quite as we would like,
the `green' shading here basically depicts good in car coverage and fair in building
coverage and the `white' would depict poor coverage areas that we would like to
concentrate on improving. So, basically this site does fill in a large portion of the area
that we are looking to fill in - eighty percent (80%) criteria that Dan [Babilla] was talking
about, we do something similar. This single site would definitely service a large
improvement in our current coverage and actually we have been waiting on this site since
before we launched. It was supposed to be part of our initial launch plan to provide
coverage to this area, so this is a much needed site for us."
Ms. Solik asked, "Are you using the lowest height technology?" Mr. O'Neill said, "Yes.
At the hundred and five feet (105') level that we are going at, that is probably the lowest
height that we would want to use in a topography such as this with a lot of tree lines and
residential homes in the area, that tends to block the signal going out maybe - as close as
a mile and a half or so, it starts to degrade at that point rather quickly.
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And if you get too much into the trees or below the trees that affects and magnifies even
more. Probably the absolute lowest height we would want of a site like this would be
about ninety feet (90'), so a hundred feet (100') is probably just about as low as we would
want to go and still get adequate coverage off of this site. Now, the hundred and fifty
foot (150') that T-Mobile is getting would be nice but everybody can't have that
unfortunately."
Mr. Calvin Johnson, RF Engineer, Clearwire US LLC 414 Pursley Drive, Deland,
Florida: spoke about the cell tower location. Mr. Johnson said, "Clearwire [US LLC] is a
little bit different from the cellular and PCS [Personal Communication Service] carriers.
We are a- high speed broadband internet provider for home use. We are currently
stationery in your house - modem, high speed broadband access. There are a couple of
differences that I would like to mention. The band we use has much higher frequency
than the cellular and PCS [Personal Communication Service] carriers and cellular
carriers. The frequency they use goes through trees a little bit better than we do; PCS
[Personal Communication Service] not quite as good and then there is us. So, our target
coverage is usually a mile to a mile and a half radius what we can get out of a site.
These are the sites we have surrounding right here now - this is a site in question. With
this site turned off, this is the hole that we have, so the `white' would be no service. So,
we wouldn't try to sell to these households. There would just be no service. With this
site, you will notice it is really a poor service area. Actually, I would prefer a hundred
and eighty feet (180')." Mr. Johnson said, "We are taking the ninety feet (90') here the
lowest spot." Ms. Solik asked, "Mr. Johnson, if you had to go below ninety feet (90'),
would you take this site?" Mr. Johnson said, "I barely took the site as it is. In fact, I
recommended that it be killed." Mr. Johnson then said, "A hundred and eighty feet (180')
really would probably be what I need to get my engineering targets."
Ms. Solik said, "The Cingular [Wireless], Sprint [Nextel] and Verizon [Wireless] have
corporate policies that they don't send RF (Radio Frequency) Engineers to sites and they
don't make formal commihnents until the sites are approved. And let me remind you
again, in our application package, you have the leases from T-Mobile, Clearwire [US
LLC] and metroPCS [Inc.], you have the Letter of Intent from Sprint [Nextel] and from
Verizon [Wireless] and an Application from Cingular [Wireless] requesting a particular
height on the tower." Ms. Solik then said, "I think that if this site is approved the carriers
that have not signed lease agreements will be burning up the phone lines and beating a
path to the Building Department to get this thing on the air."
Chairman Waters recessed the Meeting at 8:32 p.m.
Chairman Waters reconvened the Meeting at 8:40 p.m.
Tape 2/Side A
Various pictures were displayed of Monopole towers.
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Discussion.
Ms. Solik read a letter received from Mr. Peters dated April 17, 2007.
Referencing the Settlement Agreement, Ms. Kate Latorre, Attorney, Brown, Garganese,
Weiss, & D'Agresta, P.A., said, "The Staff wanted you to know the Settlement
Agreement was out there and that it affects the [Tuscawilla Country Club] Golf Club
property, however, if you were to recommend approval and the City Commission were to
eventually approve this Application, the Settlement Agreement - the City Commission
would have to work out at that time."
Chairman Waters said, "It has nothing to do with our decision tonight?" Ms. Latorre
said, "We just wanted to let you know it was out there. It should not be a factor in your
consideration."
Then, Chairman Waters asked, "Is the site plot going to be seventy by seventy [feet] (70'
x 70') or fifty by fifty [feet] (50' x 50')?" Ms. Solik said, "Fifty by fifty [feet] (50' x 50')."
Mr. Ruiz said, "The actual compound itself that is fenced in will be fifty by fifty [feet]
(50' x 50'). But, we have allowed for a ten foot (10') landscaping buffer around it."
Chairman Waters asked, "You are not going to store any hazardous materials there that
violate any regulations. Is that correct?" Ms. Solik said, "There is nothing hazardous out
there."
Chairman Waters asked, "Is there going to be a generator there?" Mr. Ruiz stated,
"Vertex Development [LLC] does provide generator power for the tenants. The tenants
will choose whether or not to install equipment that has a built in generator. So, it is
really up to each individual tenant."
Regarding wildlife assessment, Chairman Waters asked, "What are you going to do with
the gopher tortoises?" Mr. Ruiz said, "If there are any, we will properly re-locate them
which we have at many other sites in the past." Chairman Waters said, "You are not
going to bury them?" Mr. Ruiz said, "No Sir. We use licensed gopher tortoise re-
locators."
Discussion.
As to coverage in the Oak Forest area, Mr. Babilla said, "We would see coverage
enhancement in some areas."
Referencing the installation, Mr. Ruiz said, "It has a case on tight foundation, which is
basically a cylinder of concrete that goes down into the ground and it is anchored, bolted
to that and there are absolutely no guide wires whatsoever."
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Chairman Waters opened the "Public Input" portion of the Agenda Item.
Ms. Diana Yarusinski, 1166 Winged Foot Circle East, Winter Springs, Florida: lives
within one hundred feet (100') of the proposed tower and is concerned about the home
values, generator noise, and wildlife. Ms. Yarusinski was not in favor of this Agenda
Item.
Mr. Charles Lacey, 733 Bear Creek Circle, Winter Springs, Florida: spoke in favor of
this Agenda Item.
Chairman Waters closed the "Public Input " portion of the Agenda Item.
Mr. Ruiz said, "The access will be developed to Staffls requirements in terms of building
a road, not building a road, graveling it, not graveling it. We will follow what your
building Code requires. As far as trips to the site, once the site has been built, there is
approximately one (1) trip per tenant a month in terms of checking up on the site and
making sure everything is good. Once a month, Vertex [Development, LLC] sends out
somebody to make sure that the locks and the fencing and the landscaping and everything
is up to par and that the paint is not chipping - those are our maintenance efforts to make
sure we keep the site up to par. As far as construction goes, it is about a sixty (60) day
process and we will have all the tenants that are co-locating on the tower have their co-
location occur during the construction of the tower verses having them build us a tower
and then having each one of them come individually afterwards to co-locate on the
tower." Continuing, Mr. Ruiz added, "The use of the generator's is very infrequent."
Mr. Stevenson displayed an aerial map of the proposed site and stated "One other
question - has to do with the Tier Two site. As I said earlier in the presentation, the City
has voted to allow an Application to move forward for a tower on the wastewater
treatment plant. That is approximately 3,500 feet to the east of this particular site. It
represents an area that is at the closest point 430 feet away from existing houses that
would be on Ironwood Court. Probably over twice the distance of this proposed facility
is. I guess if I might, I would like to ask the Applicant or the RF (Radio Frequency)
Engineers - how detrimental is a relocation of this particular site to Tier Two site 3,500
feet east on the wastewater treatment plant in terms of coverage. I looked at the pixilated
coverage maps and it appeared that they indicated areas of white and inadequate coverage
and basically for Staff's edification and possibly those in the audience, I would like to
know if that really effects the ability of the carriers to provide service to the Tuscawilla
area."
Referring to the "Coverage Maps", Mr. Babilla said, "Our proposed site - in this area is
the water treatment plant just - a little bit east of Greenbriar [Lane] - I think that is just
past Glen Eagle right where the Sam Smith Park entrance is."
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Mr. Babilla said, "If we moved it that far the center of this - ring, that would shift - as
you can see the shape of the site - that would shift that too far to the east and would open
up most of this area between - west of Tuscawilla - to close to Northern Way." Ms.
Solik asked, "Would you reject that site?" Mr. Babilla said, "I would not accept that site
as a viable candidate, just because the location pushes it over and it is pretty close to the
other sites, but the main concern would be - traveling through here, we would lose the
residential indoor coverage but even in your car, you are opening up to the similar
situation we have right now handing off to the other sites, and you could drop a call."
Mr. Stevenson said, "Again, my intent is as part of ineeting the requirements of this Code
to assist the Board of Adjustment, we have to have definitive proof that the Tier Two site
is not available or not viable. Tier Two site is available, now we have to address the
question of whether or not it is a viable site."
Mr. O'Neill said, "Basically, I would have to concur with Dan [Babilla]. We have less
margin for error being at a lower site that he does. The nice thing about this particular
location, even though we have a little bit of wiggle room - it is pretty much equal
distance with the existing tower ring in the area - and it is right in the middle of where
our coverage is the worst. Referring to the multi colored map, Mr. O'Neill said,
"Basically those two (2) red spots just to the south of the proposed site is definitely the
two (2) areas that we want to most make sure that we hit and that location is ideal for
doing that. If we move 3,000 feet to the east, we won't be able to do that. If you look at
our existing coverage currently, if we move that far over, we will be getting into an area
where we have a little bit better signal already, we won't be adequately covering the
center of our worst area and it will make a potential for hand offs to fail."
Next, Mr. Johnson said, `By moving further over, it is even worse."
Furthermore, Mr. Stevenson spoke of a Letter of Intent for the Record.
Tape 2/Side B
"I WOULD LIKE TO MAKE A MOTION THAT WE APPROVE THE
APPLICANT'S REQUEST FOR THE CELL TOWER." ADVISORY BOARD
MEMBER CASMAN ADDED, "RECOMMEND TO THE CITY COMMISSION
THAT WE APPROVE IT." MOTION BY ADVISORY BOARD MEMBER
CASMAN. SECONDED BY VICE CHAIRMAN TAYLOR. DISCUSSION.
VOTE:
BOARD MEMBER COLLINS: NAY
VICE CHAIRMAN TAYLOR: AYE
CHAIRMAN WATERS: NAY
BOARD MEMBER CASMAN: AYE
MOTION DID NOT CARRY.
CITY OF WINTER SPRINGS, FIARIDA
UNAPPROVED MINUTES
BOARD OF ADJUSTMENT
REGULAR MEETING - NLY 11, 2007
(RESCHEDULED FROM NLY 5, 2007)
PAGE 15 OF 15
For the Record, Board Member Casman said, "It appears to me that the Applicant has
demonstrated Compliance with all the Codes and Ordinances and they do meet the third
Tier requirement." Vice Chairman Taylor said, "I agree exactly with what you just said."
Vice Chairman Taylor said, "Then maybe we should ask the Applicant if they would like
to take a look at this and come back to us with some alternative plans?" Mr. Stevenson
said, "The calendar that we are working on, we have an obligation pursuant to the
Ordinance to get this before the City Commission for a Vote one way or another prior to
September 7~' [2007]."
Discussion.
Regarding sending the Agenda Packets electronically to the Board Members, Board
Member Casman said, "Personally, I think we ought to stick with killing trees." Board
Member Collins said, "I would be afraid that I would forget to check my email."
Chairman Waters said, "If we were to do it electronically, we would probably want the
City [of Winter Springs] to deliver the - already printed." Vice Chairman Taylor said, "I
vote to stick with the paper."
REGULAR AGENDA
REGULAR
600. Not Used.
ADJOURNMENT
Chairman Waters adjourned the Regular Meeting at 9:46 p.m.
RESPECTFULLY SUBMITTED:
JOAN L. BROWN
DEPUTY CITY CLERK
APPROVED:
THOMAS WATERS
CHAIRMAN, BOARD OF ADJUSTMENT
NOTE: These Minutes were approved at the , 2007 Regular Board of Adjustment Meeting.
Date: August 13, 2007
The attached was presented for the Record by
Mr. Anthony A. Garganese during the
discussion of Public Hearings Agenda Item
"500.1" at the August 13, 2007 City
Commission Regular Meeting.
1
EXHIBIT
I ~&?
CITY OF WINTER SPRINGS, FLORIDA
1126 EAST STATE ROAD 434
WINTER SPRINGS. FLORIDA 32708-2799
Telephone (407) 327-1600
Ronald W. McLemore
Ci~v Manager
July 27,2007
Michael Gardner, General Manager
Tuscawilla Country Club
1500 Winter Springs Boulevard
\Vinter Springs, FL 32708
RE: City Settlement Agreement affecting Tuscawilla Country Club Property
Dear Mike:
I am writing to follow-up regarding our telephone conversation this past week. During
our conversation, we discussed the settlement agreement that is recorded against the
Tuscawilla County Club property ("Property") at Official Record Book 3102, page 1354,
as amended ("Settlement Agreement"), and the fact that the Settlement Agreement was
entered into to resolve a longstanding and contentious set of issues between the
developer, the City, and the Tuscawilla residents. It is enormously significant to the City,
the Tuscawilla Community. and the Tuscawilla Country Club.
I want to reiterate that the Settlement Agreement is relevant to the pending cell tower
application that is being processed by Vertex Development for the Property. As you
know, the Settlement Agreement expressly provides for specific land uses that are
permitted on the Property by designating the Property into two categories. The categories
arc "Golf Property" and "Development Property." In general, the Golf property shall be
used for country club purposes such as golf, tennis, and restaurant uses. On the other
hand, subject to further approvals by the City, the "Development Property" shall be used
for "sixty~nine (69) single-family, detached residences on lots as generally depicted on
the Conceptual Plans" attached to the Settlement Agreement. The Settlement Agreement
does not permit a cell tower on either the Golf Property or the Development Property. As
such, if the City Commission were inclined to approve a ceU tower on the Property, that
approval will have to be contingent upon the Tuscawilla Country Club and the City
mutually agreeing to an amendment to the Settlement Agreement.
While I understand that Vertex Development is processing the cell tower application, I
wanted to bring this matter to your attention because the Settlement Agrcement is a
matter between the City and the Tuscawilla Country Club, not Vertex Dcvelopment. Any
amendment to the Settlement Agreement will have to be negotiated between the
Tuscawilla Country Club and the City. Therefore, I do not believe it is appropriate for
Vertex Development to be involved in the longstanding contractual arrangement between
the City and the Tuscawilla Country Club regarding the Property.
Regarding the processing of the cell tower application, Florida law requires the City to
make a final decision on the cell tower application within 90 business days of receiving a
completed tower application. In order to meet this time requirements, the pending cell
tower application is scheduled to go before the City Commission on August 13.2007.
At this juncture given the ninety (90) business day restriction, the City Commission will
either deny the application or approve the application contingent upon an acceptable
amendment to the Settlement Agreement. It my understanding that the applicant can
waive the ninety (90) day time period for making a decision. Therefore, you may want to
consider this option in order to allow additional time for us to discuss the contractual
issues presented under the Settlement Agreement before the City Commission is
compelled by law to act on the tower application. A waiver granting an additional ninety
(90) calendar days to process the application may allow sufficient time for us to address
the Settlement Agreement in advance of the City Commission's hearing on the
appl ication.
Please consider this letter and advise in writing as to whether you and Vertex
Development want to provide a limited waiver of the time period.
Lastly, I am leaving on vacation for several weeks and will not return before the
scheduled August 13lh City Commission meeting. If you have any questions regarding
this matter in my absence, please contact the City Attorney, Anthony Garganese. at 407-
425-9566.
Sincerely,
/p~?/. ~i~
Ronald W. McLemore
City Manager
/jp
cc: Mayor/City Commission
City Attorney
07-27-2007 City Agreement Affecting Tuscawilla Country Club Property
Page 2 of 2
,
\
Date: August 13, 2007
The attached was presented for the Record by
Ms. Mary Solik during the discussion of Public
Hearings Agenda Item "500.1" at the August 13,
2007 City Commission Regular Meeting.
2
Date: August 13, 2007
The attached was referenced by Ms. Mary Solik
during the discussion of Public Hearings Agenda
Item "500.1" at the August 13, 2007 City
Commission Regular Meeting.
3
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Date: August 13, 2007
The attached document was presented for the
Record by Ms. Mary Solik during the discussion
of Public Hearings Agenda Item "500.1" at the
August 13, 2007 City Commission Regular
Meeting.
5
: FOLEY
.
.
January 13, 2006
FOlEY .. LARDNER UP
ATTORNEYS AT LAW
III NORTH ORANGE AVENUE, SUITE 1800
ORLANDO, FL 32801.2386
P. O. BOX 2193
ORLANDO, FL 32802.2193
407.423.7656 TEL
407.648.1743 FAX
www.foley.com
WRITER'S DIRECT LINE
407.244.3259
msolik@foley.comEMAIL
CLIENT IMATfER NUMBER
055546-0103
VIA FACSIMILE AND U.S. MAIL
Ronald W. McLemore
City Manager
City of Winter Springs
1126 E. SR 434
Winter Springs, FL 32708
Re: Proposed Telecommunications Tower
Dear Mr. McLemore:
This firm represents Vertex Development, Inc. and T-Mobile. Vertex has now
entered into a lease agreement with the Tuscawilla Country Club for the proposed placement of a
150' telecommunications tower on the golf course property. Vertex has already secured the
commitments of T -Mobile, Verizon, and Sprint to collocate on this tower. Vertex has also
received requests for applications to collocate on the. tower from Cingular and Metro pes.
Together, these companies represent the five FCC licensees in this marketplace. All of these
companies have indicated to Vertex a lack of cell coverage in the specific area of Tuscawilla and
generally in the eastern portion of the City of Winter Springs. Vertex is now prepared to begin
the zoning process for approval of this proposed tower. Please advise us as to what the process
will be for the processing of zoning approval on this site.
Very truly yours,
~~'
~..\~
Mary oty So ik
MDS:jlc
cc: Anthony Garganese, Esq.
Alan Ruiz
BOSTON
BRUSSELS
CHICAGO
DETROIT
JACKSONVILLE
LOS ANGELES
MADISON
MILWAUKEE
NEW YORK
ORLANDO
SACRAMENTO
SAN DIEGO
SAN DIEGO/DEL MAR
SAN FRANCISCO
SILICON VALLEY
TALLAHASSEE
TAMPA
TOKYO
WASHINGTON, D.C.
WEST PALM BEACH
ORLA_399744.1
Date: August 13, 2007
The attached were referenced for the Record
during the discussion of Public Hearings Agenda
Item "500.1" at the August 13, 2007 City
Commission Regular Meeting.
8
.,
01/00/00 12:00A P.001
....~
'--..
..
TITLE SEARCH
Showing Ownership and Encumbrances
Our File No.:
RT06-614
Provided For:
Vertez Development, LLC.
3630 W. Kennedy Blvd., Tampa, FL 33609
Effective Dates:
From: May 3, 2000
To: May 31, 2006 at 11 :00 p.m.
This title search commences from the date referenced above. If there is no outstanding mortgage,
the search commences with the date record title vested in the current record owner.
Description of Real Property Situated in Pinellas County, Florida.
See attached Exhibit "AU
Title Vested In:
Winter Springs Golf, LLC, a Florida limited liability company
Recorded in:
Special Warranty Deed recorded May 3,2000 in O.R. Book 3844, Page 882, of the
Public Records of Seminole County, Florida.
This search does not cover matters other than those recorded in the Official Records Book of the
County and does not assure the legality or validity ofthe referenced instruments.
Signed this 23rd day of June, 2006.
Prepared by: Revere Title and Trust, Inc.
3630 W. Kennedy Blvd.
Tampa, Florida 33609
(813) 879-3400
Nms~c~
Authorized Signature
01/00/00 12100A P.002
.
'.....,,/
-'
'"
TITLE SEARCH
Showing Ownership and Encumbrances
Our File No.: RT06-614
Continued Page 2
ENCUMBRANCES
1. Mortgage from Winter Springs Golf, LLC, a Florida limited liability company to The
Citizens Bank of Oviedo, dated May 9,2003 and recorded May 12, 2003 in O.R. Book 4819,
Page 309, of the Public Records of Seminole County, Florida.
2. Assignment of Leases, Rents and Profits from Winter Springs Golf, LLC, a Florida limited
liability company to The Citizens Bank of Oviedo, dated May 9, 2003 and recorded May 12,
2003 in O.R. Book 4819, Page 338, of the Public Records of Seminole County, Florida.
3. DCC Financing Statement from Winter Springs Golf, LLC, a Florida limited liabiltty
company to The Citizens Bank of Oviedo, recorded May 12,2003 in O.R. Book 4819, Page
350, of the Public Records of Seminole County, Florida.
A 20-year name search has been performed on all record owners and mortgagees acquiring an
interest within the time period covered by this search.
This Title Search is prepared and furnished for information only. It is not an opinion oftitIe and may
not be used as a title base for the issuance of a title insurance commitment and/or policy, nor should
it be used for the preparation of foreclosure proceedings or other litigation. Maximum liability for
incorrect information is $1,000.00 under Sec. 627.7843, F.S.
**** END OF DOCUMENT ****
el/ee/ee 12:eeA p.eea
.
.
EXHIBIT "A"
'-'..,./
LEASE PARCEL
THAT PART OF LOT 10, PHILIP R. YONGE GRANT, AS PER PLAT THEREOF RECORDED
IN PLAT BOOK 1, PAGE 38, OF THE PUBLIC RECORDS OF SEMINOLE COUNTY,
FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE MOST NORTHERLY CORNER OF LOT 170, COUNTRY CLUB
VILLAGE, UNIT THREE, AS PER PLAT THEREOF RECORDED IN PLAT BOOK 25, PAGE
34, OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, SAID POINT BEING
ON THE WESTERLY LINE OF AN EXISTING 110' WIDE FLORIDA POWER & LIGHT
CaMP ANY EASMENT; THENCE S 31045'52" E ALONG THE NORTHEASTERLY LINE OF
SAID COUNTRY CLUB VILLAGE, UNIT THREE AND ALONG THE WESTERL YLINE OF
SAID FLORIDA POWER & LIGHT COMPANY EASEMENT FOR 510.93 FEET; THENCE N
58'14'08" E FOR 157.62 FEET TO THE POINT OF BEGINNING; THENCE N 00'00'00" E FOR
50.00 FEET; THENCE S 90'00'00" E FOR 50.00 FEET; THENCE S 00 '00'00" W FOR 50.00
FEET; THENCE N 90000'00" W FOR 50.00 FEET TO SAID POINT OF BEGINNING.
CONTAINING 0.06 ACRES, MORE OR LESS.
20' WIDE INGRESS, EGRESS AND UTILITY EASEMENT
THA T PART OF LOT 10, PHILIP R. YONGE GRANT, AS PER PLAT THEREOF RECORDED
IN PLAT BOOK 1, PAGE 38, OF THE PUBLIC RECORDS OF SEMINOLE COUNTY,
FLORIDA, LYING WITHIN 10 FEET OF BOTH SIDES OF A CENTERLINE BEING MORE
P ARTICULARL Y DESCRIBED AS FOLLOWS:
COMMENCE AT THE MOST NORTHERLY CORNER OF LOT 170, COUNTRY CLUB
VILLAGE, UNIT THREE, AS PER PLAT THEREOF RECORDED IN PLAT BOOK 25, PAGE
34, OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, SAID POINT BEING
ON THE WESTERLY LINE OF AN EXISTING 110' WIDE FLORIDA POWER & LIGHT
COMPANY EASMENT; THENCE S 31045'52" E ALONG THE NOR THEASTERL Y LINE OF
SAID COUNTRY CLUB VILLAGE, UNITTHREE AND ALONG THE WESTERLY LINE OF
SAID FLORIDA POWER & LIGHT COMPANY EASEMENT FOR 510.93 FEET; THENCE N
58'14'08" E FOR 157.62 FEET TO THE SOUTHWEST CORNER OF A 50' x 50' LEASE
PARCEL; THENCE N 00'00'00" E ALONG THE WEST LINE OF SAID LEASE PARCEL FOR
10.00 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED CENTERLINE;
THENCE N 90'00'00" W FOR 35.15 FEET TO A POINT OF CURVATURE OF A CURVE TO
THE LEFT, SAID CURVE HAVING A RADIUS OF 50.00 FEET, A CENTRAL ANGLE OF
120'56'14" AND A CHORD OF 87.01 FEET THAT BEARS S 89031'53" W, THENCE
SOUTHWESTERLY ALONG THE ARC OF SAID CURVE FOR 105.54 FEET TO A POINT OF
TANGENCY; THENCE S 31035'53" E FOR 1396.84 FEET; THENCE S 32'23'36" E FOR 550.82
FEET; THENCE S 31.33'40" E FOR 244.76 FEET; THENCE S 23 '52'40" E FOR 206.86 FEET;
THENCE S 30"39'20" E FOR 300.22 FEET; THENCE S 50.02'22" E FOR 38.87 FEET; THENCE
S 63047'20" E FOR 66.91 FEET; THENCE S 78"26'11" EFOR48.57 FEET; THENCE N 74"56'42"
E FOR 29.85 FEET TO AN INTERSECTION WITH THE WESTERLY RIGHT OF WAY LINE
OF GREENBRIAR LANE (60' WIDE RIGHT OF WAY) AND THE POINT OF TERMINUS OF
THE HEREIN DESCRIBED CENTERLINE.
CONTAINING 1.4 ACRES, MORE OR LESS.
...
01/00/00 12;00A P.004
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MARYANNE H0?5E
C1.:at\ Of CIRCUIT cur
S!HtMOLE COUNTY.FL.
This instrument ~3J. ~7
should be returned to:
aECORDED & VERlfIElI
'00 MY -3 PM)..8
Stuart Smith, Esq.
85 KNIGHT UP
1526
do, IlL 32802-1526 W
'-8500 ""W TIll I'd- ,S!Jl.t:tiJ. w
.1_ . ,..,.
31-20-31-5B8-0()()()..()04A ......... ,.. --
31-20-31-5BB-OOOO-OO3D ......~~; ::
_ ~ 0)1-20.31-SBB-OOOO-OO70 _ -- IE
'\%:"ri - III ~
~ SPBCIAJ. WARIWITY DaD f ~
, ,..
The Gran~SCAWIU..A INVESTORS, INC., a Delaware corporation, CO
whose mailing is Four Embarcadero Center, San Francisco, CA 94111. N
in considcration ~llars ($10.00) and other valuable consideration
received from the tees, hereby grants and c:onw:ys to the Grantees,
WINTER SPRINGS L.C.. a Florida limited liability company. whose
mailing address is 99 crry Hill Road, Suite 305, Parsippany, NJ 07054, and
whose Taxpayer IDI is ~I" , the lands in Seminole County, Florida.
described on attached ~.A..
This conveyance is su~ C88C'1Dents and restrictions of record and to
the lien of real estate t:axes 'f~~ and subsequent years.
&)
Tax
Y!<<t~t:J?:~Uf~K
#W~~
tecl Name: .:tl'.11l1llltL to. SLV1D1\
By:
Name:
Title:
-R.dz[-(h...) ~ "
CHICAGO r:nE I;L~::r:::c: C::'.!::,~;i'(
3SO :t lJ::.i::~: .~:_.. ;;:;:;. ::.il
OliLM.iJC. Hl#ftll.il\ J:6.a.-Jl~ tJ9 '.Jol.2()() LW"
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Date: August 13, 2007
The attached document was referenced for the
Record by Ms. Mary Solik during the discussion
of Public Hearings Agenda Item "500.1" at the
August 13, 2007 City Commission Regular
Meeting.
9
IN THE CIRCUIT COURT FOR SEMINOLE COUNTY. ""lORIDA
FLORIDA COUNTRY CLUBS. INC..
d Flonda corporation
Plaintiff .
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Case No.
,,-
"(I _,"? (/Y ('tI/ffl/C
v.
CITY OF WINTER SPRINGS.
a Flori1a munJcipal corporation.
Defendant.
. .,
YEIUYlED COMPLAINT AND PEnnON FOR WRIT OF MANDAMU$ ;
""LORIDA COVNTRY CLL;BS. INC. '"FCC'" sues fhe CITY Of "1NTER SPRlSGS.
1-
a Florida munJcipaJ eorporatlon (the "City"). dnd "lh."Ites:
...- ...
Jurisdiction ancl~
1. This is an action requestinc the Co..:rf lor:
(a) a declaration of Plajntifl'S Nehts pul'SUdnt to Chapt(.~ 86. Florida
f t.i1!UQli and
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(b) a WrI t of Mandamus.
2. ..CC Is a corporation orcan.lzed and exlStinc under the laws of the State of
Florida, with a principal place at buSiness in 5emUlOle COUnty. florlda. fC\: ls a sue-
ees&Or In Interest to Winter Sprtncs Development Corporation ("Ortc1nal Developer-). as
owner of certMin 1'\~a1 ~roperty.
3. The CHy ls a flortda munlcipaJ corporation. WhiCh roncl.IclS municipal
activities in S9minoJe County. florida.
f. James R. Mikes l")tikes") 15 [he Preshlent of FCC. The sole shareholders
or FCC are Mikes and his wife.
JDBI069
-(1 Q')
~- V
.
5. TIle cldlms cl....;;erted In tnL..; .t('non In'",I\.'t. PI.,in!lflS righb W;!tl re:-;~' :0
certain real property (the "Property'" O';"l)ed 0, t"CC located In Semmoie COton!y.
Florida. legdHy des<-ribed in Exhibit "A" Jttdct.t."'d !.creto, Therefore. \.'enue 1:> proper
before this Court.
b, 'I his Court h.;.s jurisdiction pursudnt te. Section 86.u 11 F1orld.1 StJtutes.
F~.1Ba~
i. On september i, 19i1. Oriilfldl Developer petitioned the Village of 'oiortil
Orlando (the original name of the City. which was loiter renamed the City of Winter
Springs>> for the annexation or certain real pro~rt! into the City. The pr,':>perty
included approxJmate.y 3,400 acres (the "Development"), which was to be developed as
a plannec! development under a ma~ter OO\elopment plan. The SUbjeCt Property is a
part of the Development.
8. The Petition for Annexalion (!tIe '''''nnexaUon ."freement">> filed by the
OrlgilWl DevelOper provides. amone other things. that:
(a' "the undersJrned desires to annex...to the Village of Nort!'l
Orlando. and to become a part thereof SUbject to the fOllow-
loe express COnditions and arreemenrs WhiCh. U this petition
15 accepted by the VUJage 01 North Orlando. wUl constitute
an arreement between the parties (.'f)Iltroll1nr subsequent
events relltloe to the development of said properUes and
whJch wU1 be blnd1nr on aU subsequent oUicers. officials.
and counsels of the VIUare or ~orth Orlando."
(b) "the overall development pl.1n for (the] "'inter Sprinrs
( Development] as presented slmuHaneously with this peti-
tion is acceptable to the VHlagll? 01 North Orlando.....
(c) "un annexation. the en!lre \\'int~r SprlOfS (De\,elopm<:nt]
wUJ be zoned Planned Unit Development, based up.Jn said
overall development plan."
A true and correct cop>, of the .\nne~atlOn .\greerr.~nt :os .Ut.lched hereto .100 made .l
part hereof as Ezhlblt "8".
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~. Hie .\nnexatJon :\greclTlc:~: \'3:' ,lpprmcd t\ Itl.' CounCl!,,! ;tIt:' Ci~~lnd
signed by the Mayor on October II. 19:1. dl ""'t.lct. lime OrdIlJ.JflC(> ',;0. 6.. Ithe ~Ordi-
nance", was adopted by the City. WhlNI cre.uE'd Ihe \\:nter Sprmgs (now koo"".n as the
Tusca~illa. Planned Unit De"~lopment ,U,e 'lusedwllld PLO"'. .\ t!"Ue .ulCi correct
copy of the Ordinance is attclched hereto .md mctde a part hereot .l.' t:xNblt "C".
hl. Pursuant to the Annexation ,\greemen1 and lhe Ordinanc.-e. an overall
development plan (the "PUD Plan") was adopted by the ClI). r"e PUO Plan specifies
how land within the TuscawUla pu~ ma) be developed. A true and correct copy of the
pu~ Plan Is ~Hached hereto and made a part hereof as ExhIbit "D".
11. In accordance with the CUy'S Code. the OrdUldnce .tnd the Annexation
Al[reement, any amendment or alteration 10 lhe PI; 0 Plan must be made in accordance
with the City's pu~ Ordinance. Since anO('xlng Ih~ Development an 1971. the City hJ.S
not amended the pu~ Plan with respect to Ule ~jeCt !>>r~'l) in any way th.1t com-
plies with the City's Code, although the Pli 0 Plan ndS ueen amended with respect to
"ther portions of the Development.
12. The City has previously. attempled to dlStef3rd .too not comply with the
pu~ Plan. In the case of Imlra CQfl:jtructlon.~'b.tnd "~ream De"'elgpment Co. v.
The CIt\' of Winter Sprinn, seminole Circulf Coort Case No. 8"-3095-C.\-17-E. this
Circuit eonclusively held that the PliO PI..n. was "'alid. enfor~.ible and in eUect. The
Imara case involved properties which .ire dd.J.lrent 10 the subjt.~( Propert) and desig-
nllted on the pu~ Plan for rondominium uses. :\ true and rorrect ropy of the Final
Judgment in Imara is attached hereto and made a petre hereof as ExhibIt "E".
13. On september 27. 1987. FCC acquired the Property which IOcludes
approximatel)' 201-1 acres. FCC is a suc~r 10 Inte~[ iO Origtn~1 De\'elo~r. with
JDBI0ti~
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respect to the Property. which is governed and controlled c~ the PlD Pidll. 5pe<-:: 1-
cally. ltle Property consists of the following:
(d' approximately one hundred nmeT; (190) dCres designated on the
PUO Plan for (and imprm,'ed with~ d golf COLrse, t'lullhouse. and related uses \The
"GoU Course Property");
(bl ten ClO) acres designated on :rle Pl;O Plan for (UeS! cottage uses
(the "Guest Cottage Property");
(c) approximately twel'/e (121 acres ooslltndtea on the PVO Plan for
condominium uses (the "Condominium ProperlY"': and
(d) approximately thirt)' 1301 additional acre:. not specified as to use i'l
the PU D Plan.
a4. FCC paid 13,000,000 for the Propert) dnd has In','ested In excess of
S2,tl~O,OOO improving the Propert)' with structures and golf course enhancements.
15. Before acqulrtnc the Property, Mil\~ met with the City ~anager of tile
City and other City staff to ascertain how the Property was zoned and planned, includ-
ing that portion which was vacant, as well as, thelt whIch WclS Impro\'ed with a golf
course. Mil\es was advised that the Property was p.lft a. the Tuscawilla peD and the
PUD Plan was the operative document to determine how the Property could be devel-
oped. Mikes was advised that the PU 0 Plan had not Deen amended. The Property was
purchased Il)' fCC in reUance upon the City's NO! IrmaHon of the status of the
TuscawiUa PU D and the PU D Plan.
16. Uurlng the period from 19S~ through 1990. Mik~ hdd numerous ronvetS.1-
lions, correspondence and meetings with City stdfl concernmg the de\'elopment of
those portions of the Property not impro\'ed with Ule gall Nurse. In 1988. FCC submit-
ted to the City plans for the improvement of d portion of the Property with a
JDB I 069
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S1.50u,OOO clubhouse. The plans were .1pp!"O\'~-: ~\ Ih...~ City .J~',,1. d~nr.~ I:H~~. :~je (,lc;~-
hOl:se was constructed.
17. During 1990. Plaintiff conTlnlled disC'l&lo~ on n~mE'rOlJ,.... (~casions '-'ittl
the City slalf regarding the construction oJ: JpproxirnJtely one tHmd'"t>d fifty (iSUI guest
cottages on the Guest Cottages Propert ~ In connectlon with tllese dlSeUSSions. In
December. 1990. FCC submitted to the C*':' staff d plan tor the de\'elopment ot the
Guest Cottages Property. In accordance wlt~. the (IL D Plan.
18. Durine these cftscussjons. members 01 the Clty.s stat( expressed concern
whether certain members or the CitY'S Council would agree with FCC's right and enti-
flament to constnact guest cottages on the Guest Cottages Property or conoominiums
, .
,
on the Condominium Property.
19. The City starr refused to consider FCC's proposal !or development ot the
Guest Couqes Property. and directed FCC to d1scuss th1s issue dlrectl)' with the City'S
Plannlnc and Zonine Board (the "P&Z"). Thereafrer. Plaintiff met with the P&Z at
which time the P&Z also refused to consider "'CC s proposal for development or the
Guest Couaps Property. and directed FCC to present tIS plctn to the CIt) Council.
20. On June 10. 1991. the City Council formally considered FCC's rights under
the PUD Plan with respect to the development of t;ae Guest CottatlCS Propert)' and the
Condominium Property. Intendine to 11I\:1Ie publiC opinion aralnst the project. a mem-
ber or the City Cauncll Invited television reporters to !he meeUne. and prior [0 the
meeting appeared in a nows interview at the ProperlY.
21. At the meettng. the City CounclJ determined thctt they would not permil
FCC to constnaet ruest collages on the Guest Cot t.lges Pro~rty or condominiums on
the Condominium Property. notwlthStandin~ the pro\'tslons of the Pli D Plan.
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22. IJespJte nuffieil)U$ reques::- Jlid ~"\n"Hlili by FCC lor ('l.tn:l('J!;llr. o! J':'
Qe\'elopmental rIghts under the PlO Pldn, Hie Ctt~ t..lS failed dOO refused to prOOu('C
any e\'idence. or provide any reason. for the Cit) Cll\Jocil's deterffiUldllon thott FCC LS
not permitted to c::>nslr~ct guest cottages on the Guest Cottages Propert) or condomm-
iums on the Condominium Property. not~.itt\standing Hoe PUO Pldn.
23, Plaintiff has exhausted aU other avaIlable remedies Defore seeking thIS
action.
24. AU conditions precedent to this action ha\"e been performed. discharged
or otherwise satisfied.
25. FCC has retainea the law firm of RudOlCil; Jl WoUe 10 represent if in Ihis
actton and has acreed to pay its anome)'S a redSOOable fee for profess1~1 sen'ices
rendered.
COUNT I
26. This is an action ror a declarator; JUOiment pursuant to Chapter 86.
Florida Statutes.
27. FCC reaUee- anG incorporates herein the allecatlons set forth in
paracraph I thnlUfh 25 above.
28. There 15 a ~ Ude. IiINual present ilOO practical need for a declaratloo of
FCC's riChlS under the PU D Plan.
29. A bona fide adverse Interest exists between FCC and the Clly COMernlnc
FCC's rtrhts under Ihe PUD Plan.
30. Based upon the Clly Council's decl:ilons. FCC now has doubt ~arctmg the
existence or nonexistence of Its richls under the PU () Plan wtth respect to the
<Jevelopment of cuest canaces on the Guest Cottd(es Property and condomllliums on
the Condominium Property"
J!.)BI069
Ii
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31. .\ll pdrtles hanng an actlul. ;Jrt~r.' -sf,,: .t(:H-rs.c ;nle~c-' ., ':. :t';:..;x"<': '1,
t.CCs rights under the Plj 0 PI.tn .Ire before this Court.
31. fCC lS not seeIl:ing thL' dc<"Jdr.ITIOrl 01 Its flit.IS Uf)o1er :tIC III D Pian
merel; 4lS a means or obtaining iegal aa.lSt:.
33. fCC :s enUtled to have Hoe IlOubt rem.),..ed as to Its rtCht~ "'Itt; :-e-.~. TO
the de\'elopment 0{ cu...t conaces on the lhe Cuest Conaces Propert, ..nd rondomini-
ums on the Condomlniun: Property under The Pl: II Plan.
WHEREFORE. PlainUff req.aests the Court to:
(a) Reaffirm tbalman ~iSlon .00 decl4are "....t the 1971 Pl:O Plan is
valid and pnsently in eUect ""h respect to the Propert~.:
(b) Declare that FCC is entailed to dl!\'etop the Cuest COlt.-ces and
Condominium Properties In accordllnc'e wUh tM PliO PWl;
(c) Award FCC rttaIOn8bIe anorne,s ftel and ~ts of thIS ~tlor.; .nd
Cd) Award FCC other and a.pplemeftlal relief as the Court deems
appropriate.
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This ... an action for a Writ of \la~a.I.IS.
FCC realJecel and lMOrpfJfoll. "'~n the AlleCanoni .,t forth an
paracraphll throuCb 25 above.
36. Under tbe 1971 PUO Plan .nd the Ort1ln.ance. u~ en) hM a ~~I ~t" to
review and ~ the del.Ued plans lor dPvelopment of u~ Cuc5t Conaces t~r1\
and CondomJnium Property submitted b) FCC.
37. The City has no discreUon In pertormul( lh~ <lJt\.
38. Despite Us nq."ldtscretlon.1r~ It.'e'u dut l' the Lit) h.Is ret~"(] to l"'OI'\Sl6er or
review FCC's devetopmentaJ l>lans.
JDBI069
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WHEREFORE. FCC moves the ('.lUrt :uf d \Hi: of \t.lrld.lmu... romm,ux1:11tt ale
City COUJlCU. P&Z and elt)' staff to revieli' the deldllec.. aldos ~bmlTted by fCC for the
de\.elopment of the Guest Cottares Property and C<>Odomm:um PToperty under 'h~ .37.
PUD Plan and the Ordinance.
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01 RUDNICK A WOLfE
j OlE. KenMdy Blvd.
SuIte 2000
Tampl. flor1dil U60Z
(113) 22!r211J
Fla. Bar No. 07080.0
Attorneys Cor Pltintlff
F1or1da Country Clubi. Inc.
A~t fL. 1"1.
JOB1069
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VER~"(:A nON
ST A TE Of FLORIDA
ss.
COUNTY or HllLSBOROliGH
BEFORE ME. the underslgned authorH). pt..'"f'SOf).,IlIy .tppNred James R. M~-=:i,
who. beln( f!rst claIy sworn. depo8es and S'.ties:
l. My name is James R. Mikes.
2. I am the P~t and a sh.1reho1der of f~ Country Clubs. I~..
3. I .m f.JIllU... with and knowledJNble 01 the books and ~ of F~
Country C' U. 1nC!.. Md the facts and etreumstanNI set forth in the forecoanc Com-
pIaJ-' and Io.A eompetent to testify thereto.
f. The laets and CI~mst4M'eS set forth in the fc:wecoinc CompUint are tf'\le'
and aecur.te.
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5. TM doc!wDenb ~ In and Inoldlfd to the torecoanc ComplAint are
tNt and ~t t'OpIeI of 1M documents they repr~nt.
e. I have ....ted the Icwecotnc Co~pu.nt to ~enl~ the tNth aI'd ~~.
of the fHts .t forth tblrein.
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iUSCAMu... P...AS. t. II recctelcl n P'a' BoOIl 37, Pagl 53 t"'O,,g"
!. 01 thl PutlliC Recordl 01 S,m,nO'1 CounlY. Porodl; :Illne. t\ln
I:o"g :Il. SouUl."., Ind Wnllfty llo"ndatl.. 01 laid 8RAEWlCK AT
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10 till point 0' cu""aaure of . ~,..,. conc..... to ItI. NOMlut "1Wl9
a rid"', 0' 55.... f.et: tIIence ""n No;:J!Weltelly 110"0 lIle arc 01
said eu""e ttlroU9" a c.ntral I"Ofl of .."0,..0. 10, dlStancl 01 12.53
,.et: tIlenc. "'" N 0'.02'05. W 101 . diltancl 01 , ,." "et:
tIllnce ""ft N 22-25" 5.. 10' a CSiItlllCI of 27'.2. fee, to tile
c."t""', 0' Howell Ct... and till POint a. 8'9inninO of tile
followi", dllCtibed pareel 0' land:
ThltlCa "'" tIl. foJlow'nt co",u. ~ ttll cent.,.,. 0' HoweI
C,eell: N .'.5...... .. nso flee: S 7..2..55... 72.11 f.et;
N u.orss... '7..' feet; N '7-3M'.W, 70.7' flet:
N 2'.Or.a-.. ".34 fee' 10 tIl. Sou"'"" Altfll-ol.Way CM 01
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N .,..r,a- w: VlIttCe "", NottJ'twfltlfty aIOIIf laid SovttIc."Y
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0' , '.2Z'.r lot . dlttanca 0' '55.27 fNt III~ tUft
N ".51'3'. W 110"9 lIIe aIotMllfltlcNted Sou"'e", Alttll-o',WIY
Ii". rot . dittance 0' , 215.5' fHC: tIlenu II'viftt ..., S4vV\etty
Aj~tll.o"Wa, 11ft. NIt S ooOOr'7- W lot a d1.tMCe 01 335.25 f.et:
tfllftC't S '7.Zn'. I rot . diltlllCe 01 310.00 fHC: 1IIeN:e ""ft
S 2'.35'21. W fDt . __~ 0' 252.7S 'let: Irlence NIl
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N .a.ors.... 72...rlet: N ......25... 5'.72 feet:
N 0'.21"'... 73." flet: N 00.26'52.'. "23 f.":
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?1/1 of ~AOENA FARMS. II ,ecorded in 1"11 Book I. Pao. u. Public:
~ecordl. Seminole COUIlty. Flond&. lyoll9 ill SectiOnl 7 &'1d 11. Town"',o
. 21 Soullt. AAIlge 3' e'll. City of Willt., S,,"~I. Semillole County. and
::.,n9 ~.lCt1btd " rollOwt:
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e~i"IliIlO .11tl. NotUteast co",., of Itl. 0111 o' W&OGEWOOO UNIT CNI.
?'I' Soo'- 20. P'ge. 51 and 57. Public: RtcO~l. S.mino" County. U'ltflce
S il7.16'23.. 110110 U'l' e.lt bOun~at'f of SlfeS pial ror 31'.60 't":
::o.nc. S 2S.3T51. & a1ono U'l' east bounC:aty of sa.d pial 'or .762S
'te.; ~enc. S 10.53"10. & 1Io~ U'l' East bound.,., 0' Ia.d olat. and IIO~;
tr. EIIt bOundaty 0' W&OGEWOOO UNIT TWO. ptat Book a,. Pao.. 11 and
I 2. P~b1ic: RecordS. S.tniIlole COUftty, !or 13'.oa ..ee: IIlMCe
S 1 '."'OS. I aIoftO Itl. East boUIldlt'f 0' I&ICI "'at of WIOGEWOOO UNIT
i'HO and alOtIO Itl. rase DoUIldaty 0' 1/':, "'at of W&OGWOOQ UNIT lloIRee.
?'al Sook 2t. Pao.. 13 &I'd ". Public: RtCOtd.. S~ County. fot
&at I' rut: lIl.ne. S ".00'3.. I a10/l0 Itl. .... tlounc!vy 0' saiel glat 01
"/e~GiWOOO UNIT THAll 'ot 1 SO.3' rHl: !fIene. S 25"2""0 & &!o"9 ~e
: III ~ounC:aty of Mid JIIaI lot 30.. IS r.et; IIlttIC. S ".52'2,0 I alo"~
:~. hit ~OUftdar1 01 laid ",at 'or 21' O. ..et: U'lenco S .t-55'n. w
l'ono :II. Sou'" bolr.._, 01 1M lll.t. a110 bee", tft. ce'lI""'. 0' Howell
C..tlll. '01 ,U-U fMC~' S '7."" ,. W alono laieI SOUIrt bounc:ary
':r 70.00 rNI: II... 12'.""'. W 110", 'aict Sou'" bollftdary ror
~ 45,7' '... .. 1ft. NottIt.U1etfy R~"I.oi,Way IiI" 0' NotU\er" W.y II
S~oWft ill tile ..... 01 WINTIA SPRINGS UNIT 3. PI.. IoOiI '7. 'ao. It aIlCS
90. Pubic AtcIOIdI. ,........ COII"ty: U'lence SO\ltfte.stert1 110110 ,aiel
SC~l'l'''I'''' AlOfltooI.Wa, Iin.. a1G1lt ~. arc 0' a cu..... COf'U'"
~~or.:'I..c,ttty. "avMI a racliul 0' 'S'OCO r.... lftrO"'" a central AIl911 01
52. sa"'.. ".vi", . cIlOtd tllatitlt 0' S 13.,,..5.,, 'ot , ....7' I.te ~
:-. 110'"1 0' tanoencr. ,ft.tIC. Nit....',.. 'IOftt laid NoM ~it"'-o"
'/'I~y Ii". 'or 21.U .... 10 Itl. W"I DOUftd.,., 0' Ill. pial 01 WOOOSTRLUI.
"'11 BOOk 2'. Pao.. 17 anG II. PuOhe Recorda. SetIW'OIe CO""ty: U'lenc.
~or:""iy a10,,0 laid WI.t bouIldary 'or U'll 'Ollowiftt COurMI:
'4 co., ,'C,. W ror a1." rtel; N '0.35"5'. w ror SU." '.et:
'. 73.3"12 'N 'or U'S. rtet: N 09.2"2'. w ~or ,.", rtee '0 III.
5~1o:'-''''s: co,n" 0' 11I1 pia' o. CCUNT~Y CLUB vIU..AGI UNIT TloIAE!. P'll
Boole 25. P'Q'. 33 1~'01.l0'" 37, p'.e'!C ;, _.;.w..~., S'''''i'lOI. C 01.11' !'f: :/""C'
N 51"23'530 W 1101'0 ~. W.., OO","Clry 01 11,4 :l'al '0' u221 '..,:
:/'."C. N 01""'520 W 110"0 :/'. ......, ::0",1"<:1", 01 u,d ;lIlt. Il'd 1101'; '1'"
'.v.., ::ol.l"elty 01 :I" gIll 01 CCI.Nr"lV :::..:..a '/'LL"Gc I.Nli 7""'0, 1"11 ace..
23, "~O'. 71, 79 I"d 10, PubliC =.e:':., 5'''''1'0'' COUI'l'f. F'c:"c:a. !~,
7B.'4 '..1; :"'I'C. N 10047'25' 'N 1 CI'; :I'. W," !:l~I.I"dary 01 tala ;'11.
Il'd :/'. W.., ~oul'c:ary 01 ~. 0'11 0' CCI,,;Ni;:lY CLW8 VrLL.,\Oe UNIT CNe.
i"ll 9cclc 22. i'1~" i, 5 I"d 8. ":..bl,C Pec:rel. S'/I'llnOI. CCiU"l'f !O,
~aaa5 '..1; :I',"C" C:"':I'I.I' 110"; :I" ''''II:.,:y COu"dl'" 0: tat<! QIII '0'
:/'. 'ollow'''g c~ur...: N 29"5"180 'N ~or 34005 'lit N 1'"53'50' e ':,
5.25.07 '..1; N 154055'31" e 'or '51 79 '"l: N 04041'250 e lor n.9S '..I
:0 :~. gOlnt 0' CU"'llUr. 01 I cu"'. C:;r.CIV. SOIllJ'lw..:.rty: Nort"""..:.r:y
.Io"g t". IIC 0' .lld C",J"". PlIY'I'; I ,.~. 01 31." '"l lJ'ltOuo" I
e,"lrll Ingl. 0' 5I.50'~a", lor 39,93 'Ill 10 I/', gOi"t 01 ll"oercy:
N !'"0"23" W 'or 21001 ,..t 10 ~. gO'I'1 01 CU"'lcur. 01 I cu"'.
c~,,:.y. Sou''''''I'''y: N~rt"w'.I'rty alo"o I/'? arc: 01 Illd CU"'I, "IY'''Q
I radius 0' 102.22 '''l lJ'lrOIlO" I CI"ltll 1"0" 01 31.5T33", !O, SI. 5'
'ltt 10 11'I, pOint 0' lang."cy; 5 as"53'04" W lor 40,15 r... to Ill. gOlnt
cu"'alUtI 0' I cu"'. conClv. NOtll'lu.:,rty: Normwl.t"" lIont !I'l' arc
<)1 said CU"'., "lvil'9 . rldiul o~ 223.97 lilt. trI'o~" . Clfttral ano" 0'
32"30'11", 'or 127.05 I..t 10 tIl. poi"t 0' 1~1tICy: N eo.3"45" W lor
23.02 'lit 10 ltl. point 0' CU"'lcur. 0' . cu,.,. COncavI SO\llJ'lIttr:
Will"" lIon9 ltl. Ire 0' said CII,.,. havill, . racslul 0' 25.00 IHt. lJ'lMU9/t
I c.ntrll Inti. 0' 13.15'100, lot 3'.33 II~ to I point 0' lII'IOIftCy Wlllt
th. Soutn RiQflt-o'oWIY lin. 0' Winttt SI:"",~I a"ulevard I"CS I point 0'
:.,,,,.,,atIon 1Iotl9 laid W"I'rty bound.,., 0' COUNTRY CLUB VJ\.~I UNIT
ONE; lJ'lenc. SOUlltw..I.rty alono .lId SoulJ'l RifPlt-o'oWay 'inl. llono 11'I'
IIC 0' a curv. concav. NOtl"'lItlrty, hlvinO a radiul 0' 1205.12 I..t. a
e~ord b.atinO 0' S 51.25'50. w. U'ro~/t a Clfttrll an~l. 0' ~1.3T34", 'or
9S 1.35 lilt 10 I'" Point 01 BeginnIng,
:~
".
'" <.
,- Ul
;1<
C'..)
-- -:.-"
-~
WTGOJC~I
Po~onl 0' PHILLIP R, YONG. G~ANT, pill Book " PI08 3', PlIblic R-=~1
0' S.r-MOI. County, F1orida. and patt ~, GAROENA FARMS. Plat 10000l,
Pag. 23. P\ItIliO AICOIdI. SOI1'inol. County, FlOrida: lyinO iO S~nl 7, I,
17 and t'. r..".". 21 Soutft. Aano. 31 ellt. City 0' Winl., SOfIllOI.
S.mlllol. COUftIY. AIrida. beinO mo,. "arliC\l'1tly Cl.lCt1bl4 n lollow.'
Beglnnil'lq II Ch. ~II com., 0' tIl. plat 0' TUSCAWIU,A UNIT 7, II
rteo~ed ill ,...100II 22. ''Q'' 4' and 47. PlIblic Records. SemiMle
County: lll.ne. N .7-S1'()O. II 1I0no lJ'l' No",. lin. 0' laid plat ror 21517
r.et :0 :II. W.lt Dound&ty 0' trlG plat 0' GileINBAI"" UNI. Plat IcoII U.
Pa~. 32. Public RlCOrda . S.minol. County: ltltftC. NoIVl'.'*'11*'t
-... .aod W.lt boulldaty. alon9 11'I' arc 0' a CU1'r9 COftCaVt NofUMtsrtfty and
~avl~O a rldiUI 0' 2S.00 lilt lItro"o" a c.ntral 1"0" 0' ~.OQ"OO.. lOt
31 27 I..t to lJ'l. polftt 0' IIIIQ'''CY: IIl.nee N 02-0"00. W alo"l .1Id
W..: 'o"ne.,., lot 7S,. Iftt 10 11'I1 point 0' curvu"t 0' a Circvllt CU"'I
concaVI SOUtllw.,:."y; th.I'C' Noro"""II:.rly 1101'0 1114 Wilt DO\;~atY.
a'o"o :,.. arc 0' II.d c~rv.. I"IV'''O I 'IC:\,;I 0' 472." lilt. t.'ro~/t a
C'l'llfal 1"01' 0' OS.34'S.", !o' 54.:' 'ut to I'" ent lin. 0' I 1 10 ~OCI
N'd' FlOnd. Pow., and l'9"1 CorporatIon ell.m.nt al recorded ,,, 0"<.11
RICO~I 10011 17", Pao. 234 0 au, PuQlic RlCOrdl. S.miMI. County:
~
:~,~c. '" J \".552" w lio"9 11'0 Ell! ,~. 'cr 2.- 2'i '", ~o :.,
:,":.r"~1 el ~ewlI' Cr..IC; :~I"CI Ne~~..s:.rt., .!O~O la.d :'''',r',~, 'cr
:~I 'oilow.IlO c:ouru.: N 55"'.'.2': 'or J9 21 ',It: '4 13"5; CO' e 'or
':O..~ 'I.t S 5S"2'ZI" e 'or 53 iZ '..I: ~ .."CI'21' e 'or 51 52 '..,.
" 2i"C.:O" W lor J~ 04 ,,'I; N 14":!5'." = 'or U JI '"t:
'j .;)".O'.2"e lor 5121 "ll; N .0'.0'05': 'or 55..J "'I:
'I !, '21'42" e 'or 5122 lilt N 02'31'25" 'N 'or 5a 56 'III:
" J' "..', 9' e 'or 91 59 1111; N 2"C9']5" 'N 'or 55 CI 'lit
5 :"5"!2'." = 'or 7.79 'III; N .C'~"2S" e 'or ]].9 'III:
.. ~:":J':4. ','/ 'er .::1 98 "'1; N 07'CS'54" e ~or .7::13 '..1;
S 3~'.::r:S' Ii 'er 90.11 '"I; N 03"0..7" e lor 47::13 '11';
N ] 5 '44'CS" e 'or S4 28 '1.1 :0 a ;)0'''' 01 :'''''''''':'0'' alo"~ said
:''':lrti''l 01 HOWl" Crllk; t"'''C:I S 2S'5."'" E'er JU 51 'lit ::-'''C:I
S 5S"7']r E lor 118.17 'III: 1~."C' S 22'05'05' & 'er 18153 'lit:
::-'''C' S lI'J 1'15" E lor 333,70 'III; lAMel S 13'05"1." I lor IZS 21
'lit IIlI"CI S 23'33'39' E 'or 35384 'III; I"I"CI S "'2.'Ot. l! Ie'
315.33 'Ill: I"I"CI S 3' '23'.5' I! 'or 852.3' 'lit: I"."CI N "'Oa'37" E
'or .52.35 'II' 10 1Il1 Norttlwl" Co"',, 0' 11I1 1'.1' 0' 'AIRWAY OAKS UNIT
eNE, P'a. Sook 23, Pag.. 91, 97 alld U, Pulllic Aec:o~.. Semsnoll Cou"ty;
:I'I"CI N 81'02'37' II alo"O 11':1 NoM bcuncl.,., 0' .aiel Pia' lor 247.12
'lie; I/"II"C' N 75'09'51' e 110"9 lIl. NOIVl ::ell"d.,., of saiel pIa. lor
143.51 III': 1Il."c. S 29'33'Or e 110"0 11'1 E&I' llouncl~ 0' saiel plat
lor 2ft,19 III': lIl.ne. S 5J'3"'O' a &1'0"0 ..."I. Ea.. boundaty 0' .ard
;:'al 'or 23' .3. 'III: lIl.ne. S "'.3'32. I alOng lIl. la.. boUndaty 01
sard I'll' 10' 3, 7, 70 "11 10 "'. Nortl'l bollndaly of said pll' 0'
TUSCAWllLA UNIT 7; lIlenu No"".a.:.", 110"0 "'. NoM boundaty of
Slid ~Jlt, alO"9 '1Il. ate of a cunr. concav. SOIl",...ttffyllld ,,~ a
radius of , 251, , 5 I.... a clio", I:IlaMO of N ....2'.3. I, IIlfO\lOl' a
C'l'llr" ."~I' 0' 20'20'51., 10, 14'1' "1' to "'. point of r..,.".
C:./.".III(I of 1 cunr. eo"c:a". Nor1l1w":'''' IIld lying 110"9 "'. Nol'lh
l)our.dary of rtl. pllt of TUSCAWllLA UNIT '3, .. rlCO~1d in PIli Boo" 29,
P~I' , I"d 2 cf "'. Public RICO~s of S,,",~I. COUtlty: "'ence
Ncr~I":lrIy 110"9 Ill. ate of saiel cunr.. 111","9 . radlu. of , i 10.00 ~...,
:~rOI.:Q" . e."tral 11'I01. of ".'J'O'., lOt 237.25 I... to rtll poiftt of
:."_Incy; m.ne. N 85"0'00' & alOnO ltl. NottIt lloUtIdaty of IaMI pIa. ror
350.CO I.lt 10 Ill. point of CUMl\Ii' of I CUtYI COncavl Sou1tl.utltty ."d
:y'I'O alono .aid No",. bound&lr, ltlene. NOr1tl...*" along lItt ate of slid
C'..nr., ~Ivino 1 radlu. 01 12'.22 fNt. "'roUO" I Clftcr.l II'lQft of
19'50'20', fO' J' "tI fNt: tftenc. N OS',.',.' I lot "2.03 'let: tn."c.
N u'sg'u. W '0' 210," 'Itt; tIl."e. N "'2S"'. W IIN .70," ,..1:
:~'''ee N 73'''''3.W ro, 1031,.2 I..r: "'.nee N,7",.'S7.W '0'
2H.U '...; CftlftCt N U'3I'Qr I ro, 2".31 ~"I: "'.nee
N 30'55'5'. W for ~...t .... 10 Ill. mo.t Soulll.", comer of "'.
S.WI~' ire....... 'taM .. .. d..CtII:1Id ift Clficial R~. look '027,
Pag. I", "'* ".cordi. SeminOl' COil"''': "'Inc' N '~'''23. w IIC"O
:111 w..t."., Muftdary of .... Tract fO' '00,00 I.et: Ill."".
N 3""'5rW for 300.00 "-t tIllf'C' ~"b"". N3.'''',rw 10'
2'0.'7 'lit: tIlenc. N S2',n.. W lor eot", "" to "'I Clftc.ltift. of I
~ltC.": e~."c. NOftflw....,., and Nortl'l'''lttIy 1l0l't lit. Clftflltin. Of .1Id
eItel'!, 110"0 tl'!1 'cno.;"t COWl.': N ""1'35.' lot 3'.04 t... 10 1ft.
.Clanl 01 cunrltur. of . ~ conca.,. WII.Itty: NortfteUlItty and
- NOrtl'lw..:erty 110"9 till ate 0' said cunr., h'ivtnt . radius of 57," ,....
:~rou;" a c."arll 1I'I0't 0' 12'00'20., to' 12.3' lid 10 "'I potnt 01
:."O'''CY; N SS., ".5. W fo, 311.00 'let 10 1Il1 poiftC 01 CUNaaure '0' .
C'..I'.r' conel'" No""...t.rty: Itl.nc. NO"JIw..terty alO"9 "'. .rc 0' slid
c:."", "1Y'''9 I r'diu. of 55.. I...; "'rouo" . C.".,.. 1I10lt of 1.'09'.0',
':r !2!3 '..1 :0 l~' po.nt of tl"O'ncy: N 01'02'05' W ro, '1' II 'ilt:
~ 22"2S'I" E '0' 271.2. 'III 10 l:'It cen:.rhn. of How'" Cr'OIl; 1Il."ee
Ncr:~.rly Ilo"g Slid C:'""rllnl of Howlll Crllk, I". l0110wtttt cour...:
,~
...
"
- tn
c '"
:::>
-~
-:>
, ..,
~,:");~ '!. 'I "
':' _ _ J. ~. .
~
-
~ 5 \ '5:i'4~' E ':1 ~7 5J '..! S ~5'~5 55' = '01 ~259 '..,:
~ J5'OT55' E ~or S149 ',.,1. '4 ~ 7'J7':!' N ''11 7078 '..,:
"I 29'01'42' e lor U 49 '..I '0 :~. ~C~:~ ~ 9~!.0'..NI'f ',,~. 01 W;":er
50""0' Soul.yard: :11'"'' .~Ol~~"''':''''f & C~IJ Uld 50~IPl ~'~P'll.ol.'.NI'f
'j".. 1101'19 Ill. alc 0' a C1"rv. C::l~'lv, SOIOI:".t1'f I~d "lv'~9 I 'ld'ul 01
2292.'. ~.If. I cnord :::'lr:I"9 of ~ ~\'15'57' '''. :~'o..9r'l I C:'''lrll &~;.
;:;1 ~5'2J'1", lor 55'.71 'II' :0 :/'. :0'''' o~ :Ir;."c',; :/',,,C'
~ 1!19'58'J.' W 110"0 sa,d 50Ul/'l ~;9""O~""I', hI" '01 ~:55 51 '..,:
:_.,.,. 5 ~C'~3'17' 'N 'or 135 25 'III; :~If'CI S 42']1 H' 'N 'or 2~' a
'..l: :-I"CI S 52'~O'].' '.N '01 JJ1 H '..,: :!"I"CI S U'J7'2S' '.N '"
5~S.01 ~III; :n.",. N !I"OS']7' 'N ~or 25198 'Ill. :0 'I", SOUll"''':''''f
~ ;Pl"o'.'.Nay Ii". of Wi"lIr 50"1";1 Boullyard; II',,,C' 5 27'28'2S'N
110"0 saId 50u,,..UI.rly "iO",.o,.'NIY I;", 'or 2098 'II' fO I'" CO'r'l' 01
C;.IrvaNr. of a curv. cO"ca". Nor~w,,:'I!y. a"d ly'''O alo"o said
50u,"u,"rty RiO/'lH.',Way Ii".; 11",,,cUCUIl"w..:.rty alo"o ,'', arc 01
sard curv.. "ay,,,o a raeiiul of 120,.n III', 1",OuOI'I a c,""al a"o" 01
~3'!S'25'. 'or 83.99 I..t fO II" go'''' of Ily.rll C'oIrvltur. of I curve
c="ca". EUI.rly ~d lyi"O alo"o ,,,. NOI':r:IU:trfy tloundary of III. glal 0'
COUNTRY CL.UB VILL..AGE !;NlT eNE. U recorCtcI in "'at Book 22. Paoli " S
a"d ., PubliC Record" 5.m,nol. Coun!'f: tIt."c. 50u",.ultrfy alono Ill.
~ortll...:,rly and easterly tlou"~ary 01 said IIlat lor ",. lollowino cour'n:
Soul"'rly alono t". arc of t,., 'ut ~.lCtlbtcl curv.. "'lvinO a radius of
2'.00 '..t :~rouo" a c.ntral anOIl of n'o..]s', for .0." ,..t to ",.
~Olnt of ,ano.ncy; 5 ao.]."" E 'or 15.3' '''' tQ tJI. go~t 0' curvat..r.
of a C'oIrv. conea". No"II.rly: eUltrfy ,Ion9 tI'!. arc of l&id curv., IIa"lno a
laC:ius of 173.97 ,..1. IIIrouo" a c,nttal ar.gl. of 32.30'11', 'at tI.n I..t
I~ III' point 0' tang.ncy: N ".53'0.' e for .0.95 f... to ",. pOint of
curvature of a CUrv. eoncay. 50utrlttlr, Euterty along ",. arc 0' t&id
cu:'V.. IIavino a radius of '52.22 r..t. "'roug" a c.ntral ."gl. a'
3S.5T33' ror '0350 r..t 112 :11. PO,ftt 0' t~tftCy: 5 5.-C9'23' e 'or
295..' r..t 112 tll. PQlnt 0' curvatur. of . curv. =nea.". 50u"'wII"rty:
Scut~..."rly alQno ",. arc of said C\jrv.. I'!aving . r&di.... af 5782 '..t.
:l'lrol.iO" a c.nttal ano" of sa. 50"". 'ar ....5 ,..t tQ ",. I)Olnt of
:an;.ncy: 50..."25- W 'or sa.g. r..t: 5 5.-0S'3r e for gO OS 'ltt:
l~.nc. S 3,..5'52' E along ",. ea.t bouN:ary of said plat 0' COUNiRY
CL.UB vrLL..AG& UNIT ONI, ."d &IOI'Q trI. EIIt bounQry af ",. ~at of
COUNTRY CLUB VILL.AGI UNIT THREI. for 110UI fHe: OIenee
5 sa.,.'or W for 155.3' r..t: tJI.nCl 5 '7-0.'31.. for 533.0' ',..t:
II'I,nc' S '7.0.'38-' 'or 31521 ,..t: trlenc:. S 3,...'13-' for .158.
lut to tJI. Na"".a.. CO"',, of "'a' c.".ft parc.t d'ICMed ift Offlcal
~IC~~S BQale '.21, '10" 201 ."d 207. PuDiC Record.. 5eminOl. County:
'II.nc. alo"9 II. 1111 and 5au'" DOuncsan.. 0' llid pareel. tIl. 101112-119
C~ur"S: S 3'.""3-' ror 300.00 ,..t: 5 75.5r.2-. 'Qr 33' 30 ,..t:
5 OPu'WI'OI .'1.71 ,..t: N70.2"3.'W far 215.02 f..t:
S 79."'00" 'If lot 130.0' ,..t: S 3.....30. W far '03.84 ,... tG tll.
ellt ~ olIN ,.. of WOOOSTREAM, U rlCOlClld ill ,lat 8001& 24.
pag.. '7 W'd II. hOIIe Record.. S.",."o,. County: ",.nce S 00.' S'O,. E
afant said .... boundaIY for 2....3 f..t to ",. NG,"", boul'daty 0' tII. plat
af WINTER SPRINGS UNIT 3. I' recordtcl iI'I Plat Book '7, PI9" .1 a.'cS to,
PuDliC RKOrd.. SeminGI. Caunty; tll.lIC. N "."'5'-' alO"9 laieI ~."'"
t:aun~a,., far 127.37 r... tG tII. poil'lt af curva"". 01 a cvrv. conca.".
No"",.rly IIld lyin9 &1121\9 ",. No".,,,,, tlalllldary 01 Iald pial: ""N:.
e..:.r1y alon9 tilt arc 121 llid curv.. IIa",n9 . racliv. 01 2O,211.n fHt.
:",ouO" a c.nUaI 1t\91. 0' 0'.53'5". ror "'.n f..t tG tII. poiftt a'
tang.ncy: III.nc. N 17.5t'00-1 alono 'aid ftonn Doun~"" lOr "1.73 ,..t
fa tl'. Point af 8egl"n.no,
-:
-.....
.,
- (,n
':: ..
CO
--,
:>
L.ess.
From "'. No".,.... Co,".r 0' WINTER Si'RINGS UNIT 3, u recorclfd ." Plat
800il ", PaO'1 II and 90, PuDliC Recordl 0' 5.1ftIft01O COUtlry, Flonda; ~n
r. " -..,
,. .
. . ..... ... ,.,
~
,
.'187'51";0':: 1101"; an Eu:.r!y 'I:'''S'O'' 01 :~. 'Jo~n "1"' 01 sa,d
WINTc~ Spl=llNGS UNIT 3, . d,S~C' 01 3;551 'tel:O . ~O'"I on ',... EUI
...a",an. li"a of a F!oriel Pew.r 'I"d LOllI Eas.m'"1 recorded ,n Ct/ic,"
>lec::lrd BoOII 113, P.oa 130, p"bl,o r.C::lrdl 01 5'''''''01' CO,,"ty, Flor'd.:
r~,n ::-."c. N 3".5'52" W 'or. c,s:al"c, 01 H1. 5] ~III: :/'."C. EUI
. 4~S 55 '.at :0 lI'a 1'0'"1 01 3';'1""'1"0, sa 0 ::"1 :"1"0 0" ::-. ~.":.r!,'"
01 I-'ow.1I Cr..ic: ""I" tl'I."c. ~orl:-.r'y .'0"9 Slid c.nt.",,,. 01 "'ow"1
C'UIe ::-. 'OIlOw'"O C:lurl.l: r\ln N '4'3":5': 'or. e'l:anc. 01 :;3 2~
'..t; ::-'I"C' r;.n N .0'31'18' e 'or I e'l:a"c, 01 533. ,..t: tl'...c.
'J C5':a";,': 'Of a c:iltarc. 0110151 'Ill: ::-'I'C' """ N5.'Z'J':2'::
':r a :.I:.rc. of 10170 1111: ::o:,"ce ""I" N '3'25'~5' 'N lor a e'l:al"c, 01
: !O. 25 'lit: I:"'"C' run N 21'35'.8' W 'or . eil:.rc. of U 50 'lit:
::-.r:ce run N 2.-28'OS" e 'or I dll:anc. of 5' ~O 'II:: :I'I"'C' /\In
'I CS'02'13" e 'or a distanc. of ;-9 25 'lit: :r:lnce :un S '2'23'31' e 'or
a <::'I:ance of 13.2' lilt: IIl.nc. fun N...!J'.T~." IE 'or I dlllanc. 0' 21 !a
'a.l: 11I.nc. '.IV'''O IforUlld C'''llni". of 1-'0'..11 C:II" ""I" Ill.
'oile.."no C:lU".I: ""I" S U-'S'." e 'or I e,l:lr-C. of 383.72 'lit:
:lIlr:C. fun S 87-3TOS' e lor I dil:I"CI 01 '.. II Ilet 10 I go,n. 0" tl'.
w..:.rty RiOl'l,.of.Way Ii". of grOCOlld Grll":I"at I.an. (10' RIW). lao<l
l:oint b.i"O on a curv. concav. east.ny and "'.YinO a radilll 0' 821.1t lilt.
:,...nc. Irom a lano.n, tlllr."o of S 22-30'31' w, ""n SOUtll.l1y Ilono 1/1.
Irc 0' said curv. and said Wut.ny "Ol'l',o',wa, lin. 231..2 III' lI'IrOIlOl'l
a c.ntral anOI. 0' 21-5751' 10 Ill. goinl 0' tanOtncy; tII.fta continu.
SOlltl'ltrty alono said Wetttrty riOl'lt.o',.a, lin. tl'l' 'Ollowi"9 cOurl.l:
Run S OO.3T.0. W 'Ot a diltanc. 0' 3...., ,.et to tilt poiI'I 0' curvatur.
0' a curv. concav. Wltt.rty Ind I'IavinO a radlul 01 1572.12 'HI and a
cl'lord btaring' 0' S ".2"'5. W; tIItnc. run Soutll.", along lh. arc 0'
slid curv. 513..7 ttlt lII/ouO" . ctntral ~I. 0' 2,.3T,o- 10 . point
rl'ltnc. ""n S 2'.."2" W 'ot . diStlnc. 0' 3".24 't.t to tII. poii'll 0'
curvaturt 0' . curv. CQncav. east.", and "avi"9 a radlul 0' 1395.11 lilt:
tl'ltnc. ""n SOUtl'l.", a10,,0 tI'I. atC 0' .aieI curv. 21'.sa 'Nt tl'lrouo" a
c.ntral anglt 0' C..53'.7. to a llolnt; l","ct It.ving .aid Wltl.", "Ol'lt,
ol,wlY lin.. ""n S IS-'5'10' W 'Ot a ~i.tanc' 0' 153..' t..t; tIItnc:. ""n
N 03'.3'12' W lOt a diltanc. of 24481 ,.tt tI'Itnc:. N .0-22'lt. W for I
dis:ane. 0' 310.13 't.t tl'l."ee N 84-51'0.'. lot a di.:anc. 0' 134.93
~ttt: tllt"Ct N 3'.50'.3' & 'Ot . distanc. 0' '''.51 Itet: tlltne.
N 15'31'52. W 'Ot . diatanc. ot 3ft.tO Itet: lhtnce N 40-0.'32. W lOt.
distane. 0' 122,71 f.et: thtne. N 73....33. W lot . diltance 0' .'.22
'ttt: lI'Itnc. S 51.11"0.W 'Ot a dilW'.c. of 90.27 't.t tII.nc.
N 5.-21'.'" W 'Ot . dittaftC. 0' 21'.2Q 'tet 10 tII. PGiftt 0' 8~innlng.
'.....
rn
.......
<.1'1 ;:
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LESS:
From lJ!t ......... c:omer 0' WINTeR Si>>RINGS UNIT 3. al rtcolCtd '" PIli
BooII 17, 'lOtI 1I'&net 10 01 tnt PuClliC RteotCt 0' SeminOle CountY,
Florida: "'" N '~SI'OO'" aJO~ an Euttrty tltltltiOft 01 Il'l. Nortft tin. 0'
said W1NTIA SPNNQS UNIT 3 'Ot . Gi.tattcI 0' 315.17 ,... to . !)Oint 0"
Ill. bit .aMIfItflt 11ft. 0' . "ond. Powet ~ Li;III b"",,"1 rtCOn:td ."
O"ic:aI Rte" 10011 '13, PIQ' 130, PuOIic: Rteol'dl 0' SemlftOf. CountY,
Aord.: tIItftCI "'ft N 3,..5'5Z. W 'Ot a diltance 0' 3.7..13 I.,,; tII.nc.
eas; 142.... It.t lI'laftC. ",n S 5"2"".' 'Ot . diltaftCe 0' 21'.20 't"
~ :0 tll. POll" 0' BI9iMift9: lI'l.nce ",n N "."'10.' lot . diltanc. 01
9027 Itll; lI'l.nc. "'ft S 73.<<'33" 'Ot . diltanct 0' ".22 't.r. t.~tne.
run S 7 ".H'23" W 'Ot . dil;anCI 0' 140,11 't" to the PGift, 0' B~"'n.r.~.
LESS.
at~l" II ::'1. ,nttrstetlO" 0' tll. w..:.", R~"I.of,W., Ii". 0' Grt.norllr
Lant (10' RIW) and 11'1' Soutll.rty Ii". 0' BRAEWICt< AT ruSCAWIU.A.
P~ASI I, II recorded in Plat BoOII 37, PI9' 53 "'roll9" s.& 01 III. P\ltlliC
:::.ce'~s ::t S.mlr.OI, COUr'ry. O:or'ca. ,,"" S 52" i'2" e alor'O a rac ~I-.
ar'd alo"o sa'd Soul".rfy 11r.' ':1' a e:l:al'c. or 50 CO I," to a :lO.N on a
c.."'" concav. SOutl'l,al:,rly "av'I'O a raCI"1 or 5S5 59 ",t; :I",,,c, r'~n
SO\iftlwUI.rty alo"o I'" are or sa,d Cu"'" l.'1rol.lO" a c,ntral '1'0" ot
~ 2'53'J9' ror a cis:a"c. ot :27 il ~..t: :~.'c. run S li'J7':S' e'er a
CII:ane. ot 3425 t,"; t",nc. r\m S J5' JJ',S' e 'or I CIStll'C' ot
, I J2.H 'UI: Itl,"C' run 5 23' I 8'52' 5: 'or a Crlta"c. 01 592.33 'u:;
::".~c, ':;r! S 71 '5.'.1' W 'or a drll.I'C' 01 ~ U 0 I "'I: :"'''C' "~n
S ,:"~7'52' 'N 'or a dilta"c. ot 17 U ,..t; ::'I'ne. fUn S 39'21'.3' E ~or
a :'I:al'C' et 722.'9 t,": :tI'I'C' run S 73" roa'l tor a d.lt."C. 01
2!5U ,.11; tl"."C, rUr! 1'415'20'3" e 'or, C'ltltlC' ot 40a.SI rUI:
::-."" run S 1"35'29' e 'or I d'ltlllet ot '35 II tut; t",,,C, run
:'oj 53" "33' e lor. dilt."C. ot '80,55 '''t; t/","c. I\In S 59'00'08' E
'or. diSlltlC' 0' '191.74 tur: 1I".net I\In 5 .3'S1'SO' e tor a dist."'C, 01
, 838' tut: IIl."c. run S 01'SI'51' e ~ I <:il:.nct 0' 93.91 tut:
:/"'I'et run S 53'41'20' e tor a distanc. ot 79.74 tut: tl'l.nc. run
S OS" 5'58' W tor a ~.s:.nc. 01 '21.12 ,,,t: l!'l,ne. run S U'17'08' 'N
'er . d'Slane. 0' .'7 a. t,.t: I",ne. run S I,'S.."'W to' a distane. 01
753.79 t..t; IIl.nce run N 22"' 5'35' W tor a ~is:ane. 0' .7.... tut:
:11."" run S 19"' 7'52' W tor a dislance 0' 71422 tut: tll.ne. run
S 59"4"12' W 10' a distar.et 0' 27451 tIlt: tl'ltnce ruft S ."01'35' W
'or a dislance 0' 2'0.40 tur. llltnce run N 15"25"'.' W '0' . diltance 0'
39' .42 ,..t: '''tnce run N 53"2"50' W tor. diltanct 01 2.3.05 'ttt:
ll".nce ruft S sa"0.'07" W lor. diltanet 0' '84.22 fttt tnll'Ct run
N 118"5,'3'" W for. diltanc. 0' 32.st ,.It to . point on a CUtYt concavt
Nortllwtlllrly '''a''int a 'ldIul 0' , 200,24 t.1t 1ft a chord butlnt 0'
S '7"&9'''' W; tfttnc. ruft Soull'lwtllttly 110llt lI'lt lie 0' laid CioN.
lIlrouo" a c.""a1 anO't 0' 01"'2't4" ror a d1IWlCt of tat." ,... 10 lilt
NO""..lttrfy co"'" 0' GRE!NBRIAR L.4NI. u recorded in Plat Bock 32,
P.,t 32 0' !II. iIlub:ic Record. 0' S.l!rit1o't County, Flonc!a; !IItnet run
N 89"24'09' W along a radial lint and lI'lt Nortntrfy li"t 0' .aiel
G~eeNBAIAA L.4NE ror a C:il:&ne. 0' 8~,OO ,.It 10 a goint Oft I curvt
c~ncavt Nortllwtlltrly "a\/tng a radlUI 0' 1I40.a4 'tel. laid =o."t ::../10
::-t Nortnw.lt.rfy co",,, 0' .aid GREENBRIAR \.ANI: lI'lenct run
Nor:Il.alt."y alo"g lI'lt arc 0' said curv. lI'ltOuo" . c.tf\traI anol. 0'
J5"4~'05' '0' a dilt&l1ClI 01 132.70 tilt: !ll1I'Ct run N ".st'31" W 10' I
eiltane. 0' 42.91 "tt tnll'Ct ruft N 01 "2t'2'" . lot . d1lta11Ce 0' 453.2~
'..t: lI'ltnc~ run N tr-n3" W ror a C:ilt~ 01 t7'.71 '..t lI'ltttCt run
:'oj 811"'5"10' & 'or. dlltIftCl 0' 153..' r.1t to a point on a curv. concav.
SCUltlUll.rly "a\ling I ~I 0' , 3tS. t t 'Nt and . c/lord bt.,;"9 of
N , 7'22'3.&" &: lI'ltftCI "'" NolVlultttty 110"0 tht lie 0' IIId curvt
:.~rOL.ft I C*'tteI ..... If 01"S3'4r ro, a di.tance of 2t',12 'tet: tn.net
,."ft N 2l..rue . for . cIIItanc. 0' 34'.24 r... to . point Oft a curvt
C:lnea"t ~..,., havInt a rldivl 01 , 572.12 'eet Itld . c/lord bt."tlO
ot N ft..1" I: IIttnCI run No""...ttrfy 110"9 tft. arc 01 .aid cu,.,t
ltlre"," . centrII ..... 01 2l.3TtO" lor a dllt&l1Cl of 513.41 I.et: lII.ne.
,."ft N OO.3T40.. for . ''It&I1C. of 341.4' 'tit to a point 0' cu,.,acur. 0'
a cu,.,t concave Sout/'l.uttrfy "'avi,. a racNI 01 la8." 'tee: tnll'CO run
:'ojO~~ult.rly alo"9 lilt arc 0' laid curv. tnreut" . central 11'I01' 01
3 7"e2'55' '0' . dil~ of 405.3' 'ut to lI'lt POi"t of attin"iftO.
'"
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PETITION FOR ANNEXATION
WHEREAS, the undersigned owns or controls the real
property lying and being in Seminole County, Flori,!a, part of
which lies within the Village of North Orlando, and the re-
mainder being contiguous to the existing boundaries of the
illage of North Orlando, as described on Exhibit "A", attached
hereto, comprising approximately 3,400 acres, hereinafter refer-
red to as Winter Springs, and which Winter Springs is in the
active process of development according to guidelines generally
set forth as Planned Unit Development as defined in Ordinance
No. 56 of the Village of North Orlando, and
WHEREAS, the undersigned desires to annex that portion
of Winter Springs presently not within the Village of North
rlando limits to the Village of North Orlando, and to become
a part thereof subject to the following express conditions and
agreements which, if this petition is accepted by the Village
of North Orlando, will constitute an agreement between the
rties controlling subsequent events relating to the develop-
said properties and which will be binding on all subse-
uent officers, ofricials, and councils of the Village of North
to-wit:
1. Winter Springs Development Corporation and/or
assigns will ~e granted an exclusive thirty (30) year utility
franchise covering water and sewer on all of ~he property
described on Exhibit "A" with the exception of that portion
thereof presc~~~~ ~~:~; ..~~~!~ ~~~ ~~rporate limits of the Village-
f North Orlando, subject to the agreement of the present franchis~
2. The overall development plan for Winter Springs as
resented simultaneously with this petition is acceptable to
the Village of North Orlando inscfar as the same relates to
r . "'...._, ..--.._
the perc~ntage of types of development and percentaqe of open
spaces and densities.
3. On annexation. the entire Winter Springs will be
zoned Planned Unit Development. based upon said overall 1evelop-
ment plan. Actual development will be in stages of not less
than fifty (50) acres. The provisions of Sectiol' 4. Subpara-
graph 3 of said Ordinance No. 56 shall be applicable to the
lands annexed only as to each stage actually being developed.
4. The provisions of Ordinance Nos. 50. 56. and other
ordinances of the city applicable to the required public dedi-
cation of percentages of park lands and/or open space require-
ments in each record plat will not be applicsble to the overall
development of Winter Springs.
5. Open space requirements for Winter Springs shall
be calculated as follows:
(a) Low density development areas of two (2)
dwelling ~tructures per gross acre or less shall require
open space equal to 5% of the land being platted to
be providad as part of Winter Springs.
(b) High density development areas of over
two (2) dwelling structures per gross acre shall have
open space equal to 2~ of the land being platted to
be provided as part of Winter Springs.
6. Open space requirements fo:: both low density and
high density areas S....ll l... l.......A .....,.... ~..... ,.."....all development
plan of Winter Springs.
7. Specific parcels may be developed without recreation
space within the specific parcel limits as long as the open
space requirements in 5(a) and (b) above are met in the overall
development of Winter Springs. Open space requirements shall
be c0nstrued to be based upon ~he overall plan to date of
actual development as compared to the application on each par-
ticular section as it is develop~d.
8. T~e calculations for open space requiremelts shall
specifically include the preser.tly planned gOlf-course. stable
area. riding trails, nature preserves. lakes. parks. marina and
yacht club.
9. Open spaces utilized for parks or other recre-
ational facilities will not be dedi~ated publicly. but may be
owned privately or through a suitable home-owner's association
or other organization so long as residents within the develoned
area have access thereto on a non-discriminatory b~sis.
10. The provisions of Ordinance No. 50, relating to
open drainage ditches shall not be applicable to recreational
areas such as the stable area, riding trail~, and golf course.
11. The provisions of Ordinance No. 50 relating to
private streets will be suspended in areas of the condominiums
located on the overall development plan.
12. Th~ provision of Ordinance No. 50 relating to curbs
and gutters relating to lots of one acre or more in size shall
be construed to mean an average of one acre or more in size.
13. Portions of Winter Springs platted into lots
averaging one acre or more in size may use septic tanks in lieu
of sanitary sewer. provided soil conditions are suitable.
The developer acknowledges that, to date, all activity
in Winter Springs has been based upon planning performed by
Mr. Harlan Hanson in order that the overall area will be com-
patible with long range plans relating to population densities,
land use, topography, aesthetics, and ecology. The developer
represents that the cor.tinuation of the development project will
be under the supervision of Mr. Hanson or a person or organi-
zation of equivalent qualifications ....ith the idea that mutual
cooperation between the developer and Village of North. Orlando
will lead to an outstanding
community.
Dated: 9/27/71
rne ~oreqoing Petition for Annexation and the conditions
therein specified were accepted by the Council of the Village of
North Orlando at a regular meetinq held on the ~day of
~, 1971, and was implemented by the adoption
of Ordinance No. I, ~ , passed on final readinq on the-'L
day of Qo~4~~
, 1971.
Atteatz
711,,_ r: ?J~
,r Village Clerk
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'~'DI"~"CE "0 I 11
'-)!-< ....,..... ."--.~---'--
M1 ORDI~ANCE OF TilE VILLAGe OF ~;IJRT!I ORL":HJO.
FI~PID", TO EXTEND ITS TERRITORIAL AND MUNI-
CIPAL LIMITS TO ANNEX LANDS SITUATE AND BEI~IG
IN SEMINOLE COUNTY, FLORIDA, Mm DESCRIBED
IN EXHIBIT "A", WHICH IS ATTACHED HERETO AND
MADE A PART HEREOF, WHICH SAID LAND'... ARE LYING
ADJACENT TO AND WITHIN TWO MILES OF PRESE~~
BOU~MRIES OF THE VILLAGE OF NORTH ORLANDO AND
WITHIN SEMINOLE COUNTY:ANNEXING SAME TO THE
VILLAGE OF NORTH ORLANDO, FLORIDA;REDEFINING
THE CORPORATE LIMITS OF THE VILLAGE OF NORTH
ORLANDO TO INCLUDE SAIn LANDS wrrHIN THE
~U~ICIPAL L1MITS OF THE VILLAGE OF NORT9 OR~NDO:
TO INCLUDE THE ANNEXATIONS HEREIN ON THE N0RTH
ORLANDO MAP: SEVERABILITY: EFFECTIVE DATE: AND
CONiLICTS.
BE IT ORMINED BY 'fHE VILLAGE COUNCIL OF THE
VILLAGE OF NORTH ORLANDO, FLO:lIDA:
WHEREAS. the G R W Corporatlon. as nominee of ~ R W
Venture. a joint venture and Winter Springs Develop~nt Cuiporatio
as nG~inee of Winter Springs Venture. a jOint ventur~. owns ap-
proximately 3.500 acres of land contiguous to the Village of North
Orlando. Florida. or within t'~ miles '.)f the present boundari'!. of
che Village of North Orlando, Florida. and within Seminole County.
Florida: and
WHEREAS. the G R W Corpo~~~ion. as hominee of G R W
V~nture. a joint venture. and Winter ~prings Development Corpo-
ration. as nominee of Winter Sprinqs Venture. a joint venture. have
petitioned the Villago Council of the Village of North Orlando.
Florida. to annex said land. hereinaf;er described in Exhibit -A-
attachod heret~ and made a part hereof. to include the same within
the municipal limits: and
WHEREAS. the Village Council of the Village of North
rlando. Florida: and the G R W Corporation. as nominee of G R W
enture. a joint venture. and Winter Springs Development Corpo-
ration. as nom:nee of Win~er Springs Venture. a joint venture. have
entered into a contract setting forth certain conditions covering
the said annexation, and
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WHEREAS. the GR.... Corpor-"1tion. 'is r.:)rT11ne.~ of G R W
JOint venture. and Winter Springs Dev('lop~ent ':orpo-
ag nominee of Winter Springs Venture, a Joint venture.
re the o'..ner of the majority of t~e lands contained in the below
escribed subject property: and
WHEREAS. the Village Council of the Village of ~olth
rlando. Florida. ia desirous of annexing the subject ?roperty
to the authority contained in the Village Charter of
Village of North Orlando, Florida:
NOW, THEREFORE. BE IT ORD^INED BY THE VILLAGE
COUNCIL OF THE VILLAGE OF NORTH ORLANDO. FLORIDA:
SECTION I. That the Village of N'rth Orhndo. Florida.
herewith and hereby annex those certain lands lying in
eminol. County, Florida. and more particularly described in
"A" attached hereto and made a part hereof.
SECTION II. That the Village Council of thlt Village
North Orlando, Florida, amend the Map of the municipal limits
the Village of North Orlando, Florida. to include the subject
roperty. more particularly described in Exhibit "A" attached
ereto and l!\ade a part hereof.
SECTION JII. If any Section or portion of Sectio~ or
ubsection of this Ordinance proves to be invalid, unlawful. or
nconstitutional. it shall not be held to invalidate or imp~ir
he validity. force. or effect of any other Section or portion
t a Section or Subsection or part of this Ordinance.
SECTION IV. EFFECTIVE DATE: That this Ordinance shall
_ake effect immediately upon its final passage and adoption.
SECTION V. CONFLICTS. That all Ordinances or parts
f Ordinances in conflict herewith are hereby repealed.
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PASSED AND ADOPTED thisJLday of O~, 1971.
IRST READING () tl.J.~ II, ~9?J
ECCND READING~,.r~) 14 '.'1/
INAL READING_a ~.,'/' ''?'11
d':.~Y>.J ~11.~~
MAYOR
_..:JI.:: _'..~r.
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LEGAL D_ESCRIFTION
Begin at the Southeast corner of Gardena Farms as recorded in
Plat Book 6. Pages 23 and 2~. Public Records of Seminole
County. Florida: run thence N. 85000'00" W. along the South
line of said Gardena Farms a dlstance of 5479.23 feet to the
Westerly right of way line of the Tuscawilla-Gabriella Poad:
run thence N. 04024'22" E. along said Westerly right of way
line a distance of 2450.55 feet: the~ce leaving said Westerly
right of way line run S. 84050'15" E. 1120.89 feet: run thence
N. 04004'15" E. 1969.15 feet: run thence N. 85005'45" w.
418.47 feet to the Westerly right of way line of the aforesaid
Tuscawilla-Gabriel1a ROd1! thence continue along said ~esterly
right of way line run N. 43025'40" E. 521.37 feet to the point
of curvature of a curve concave Northwesterly having a radius
of 1612.02 feet. and a central angle of 20005'33". run thence
Northeasterly along the arc of said curve a distance of 565.30
feet to the point of tangency: thence continuing along said
We3terly right of way run N. 23020'07" E. 390J.29 feet to the
point of curvature of a curve concave Northwesterl) ha~ing a
radius of 2839.79 feet and d central angle of 09014'37": thence
run Northeasterly along the arc of oaid curve a distance of
458.15 feet to the point of tangency: thence continuing alor.g
said Westerly right of way line. run N. 14005'30" E. a
~istance of 15~~. ~u Ieee: enence leavlng said Westerly right
of way run S. 84051'30" E. 1368.08 feet: thence run S. 05010'ZO'
w. 386.72 feet: run thence S. 84050'40" E. 634.53 feet to a
point on the Southerly right of way line of Railraod Avenue:
run thence along said Southerly right of way line S. 54056'40"
E. 633.59 feet to a point on the Easterly right of way line
of Gardena Avenue: run thence along said Easterly right of
EXHIBIT A Continued -2-
WJ~ line N. 22039'04" E. 142.94 feet to a point on the Southerl.
right of way line of Atlantic Seaboard Coastline Railroa~:
run thenc~ along said So~therly right of way line S. 54033'05"
E. 587.22 feet: thence leaving said Southerly Railroad rig~t
of way run N. 00011'11" E. 937.80 feet to a point on the Sou the
right of way line of State Road No. 419: run thence the fol-
lowing courses along said Southerly right of way line of
State Road No. 419, N. 88026'29" E. 2224.37 feet: thence run
S. 89058'56" E. 3686.53 feet; thence S. 89021'56" E. 2159.76
feet; thence leaving said Southerly right of way line run
S. 00016'36" W. 1962.76 feet to the Northeast corner of
Section 8, Township 21 S., range 31 East; thence run S.
00025'38" E. along the East Section l~ne of said Section 8 a
distance of 798.62 feet; run thence N. 82010'3B" w. 310.20 feet
run thence S. 04034'12" w. 1143.12 feet: run thence N.B9034'22"
E. 406.56 feet: run thence S. 00025'38" E. 745.20 feet; run
tltence S. 8902'7' 54" E. a distance of 1349.48 feet: run thence
S. 00009'56" W. 1326.01 feet; run thence N. 89013'53" w.
672.52 feet: run thence S. 00000'36" w. 989.B3 feet: run thence
N. 89016'52" w. 671.B6 feet to a point on the East lin~ of the
aforesaid Section 8: run thence S. 00001'43" E. along said
East line of Section 0,J30.14 feet to the ~ortheast corner of
Section 17. Township 2: 5.. Rango 31 E.: run thence along the
. C;a~i.. ""'llu of said Sp.ction 17 S. 00016'14" W. 1341.14 feet;
thence leaving said East Section line run N. 89015' 33" w.
4004.99 feet: run thence S. 00014'56" w. 1775 71 feet: run
thence N. 69003'43" W. 1415.02 feet: run thence N. 00014'26" w.
EXHIBIT A. Continued -J-
687.66 feet; run thence N. 85014'00" w. 602.10 feet; run thence
S. 87051'00" W. 1083.26 feet; run thence S. 00015'09" E.
2167.87 feet; run thence N. 84048'16" W. 2404.62 feet to the
point of beginning: less that portion of Winter Springs as
recorded in Plat Book 15, Pages 81 and 82 of the Public Re-
cords of Seminole County, Florida: also less, begin at the
Southeast corner of Gardena Farms as recorded in Plat Book 6,
Page 23 and 24 of said Seminole County, Florida; run thence
N. 05009'50"~. 33.00 feet: run thence N. 85000'00" W.
parallel with the Southerly line of sa!d Gardena Farms,4502.35
feet, to a point of beginning: run thence further N. 85000'00"
W. 627.31 feet: thence run N. 05000'00" E. 225.00 feet: thence
run N. 84009'48" E. 175.44 feet: thence run S. 85000'00" E.
455.00 feet; thence run S. 05000'00" w. 257.98 feet to the
nnin
4- - -
at beginning: ALSO LESS, begin at the Southeast corner of
Gardena Farms as recorded in Plat Book 6, pages 23 and 24 of
the Public Records of Seminole County, Florida: run thence
N. 05009'50" E. along th~ East line of said Gardena Farms
7160.06 feet to a point on the Northerly right of way line of
a Florida Power and Light Easement as recorded in O.R. Book
183, page 130, run thence N. 85010'12" W. along said North-
erly right of way line 2513.71 feet to a point on the South-
erly right at way line of a Florida Power and Light Easement
as recorded in D.B. 193, page 276, of said Seminole County:
run thence South 1.098.64 feet: run thence N. 85010' 12" W.
772.70 feet tn the point of beginning: run thence N. 04049'48"
1M
EXHIBIT A. Continued
-4-
E. 300.00 feet: run thence N. 85010'12" w. 675.80 feet to the
Easterly right of way line of the Tuscawil1a-Gabrie11a Road:
run thence S. 23020'07"W. along said Easterly right of way
line 316.36 feet: thence leaving said Easterly right of way
line run S. 85010'12" E. 776.20 feet to the point of begining.
Containing 2890.9140 + acres. AND ALSO LESS. the South 33 feet
of the aforesaid Gardena Farms Subd.. AND ALSO LESS that part
lying within existing North Orlando city limits, AND begin
at the Northeast corner of Lot 6, Gardena Farms as recorded
in Plat Book 6, Pages 23 and 24, Public Records of Seminole
County, Florida: run thence Westerly along the North line of
Lots 6 through 11 a distance of 3851.40 feet to the Northwest
corner of Lot 11, of said Gardena Farms: run thence Southerly
along the Westerly line of said Gardena Farms 6623.75 feet,
thence run Westerly to a point 1309.8 feet North and 198 feet
East of the Northwest corner of Section 13, Township 21 South,
Range 30 East: thence run Southerly 1309.8 feet to a point
198 feet East of said Northwest corner of Section 13, Township
21 South, Range 30 East: thence run Easterly 906.5 feet: thence
run N. 19020' East 359.00 feet: thence 1."'1n S. 850 E. 801.9 feet
thence run S. 050 w. to the Westerly right of way line of the
Tuscawilla-Gabriella Road: thence run Northeasterly along
the said Westerly right of way line of the Tuscavilla-Gabrie11a
Road to the point of beginning, AND ALSO Lots 1 and 2, Block A,
D. P M. ~,.l,..ll'. c:",.."..~, ,.,F ~h,.. Levy Grant, Plat Book 1, Page 5.
Seminole County Public Records. LESS all that part previously
lying within the city limits of The Village of North Orlando.
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lMA'A CONST,uerION COK,AIIY,
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1'11. ,1aia\1If. I..~. Coa.,ryc'io. Coap."" ba' .Y~it'e4 t.
,b. Clt, ot Miat.~ 'pria,. an appl1c.tloft lor .",...1 of lto
fla.l d.v.lopDIa, ,1.. for . condoaial~ d...lopee..' ,. .. kn~
.. rei""" CllIJI 1. tho "'lc.v111. plana" ..U cI.ydopea, 1ft
"lnt.r ',rl",.. On Octo,., ,. 1'1'. th. Mln,., ',ri"91 Clt,
C08aiI.lOO cI.nll4 ,1al.,lff'l r~'I' tor Ilto ,1.. ."rov'l.
vha,avPOD 1.ar. laUlet.. thh .c'lo.. 'leillutl. ",,"\6...
De..l...... Co.pa.,. I~'t" .. tho Cl., of Wl.,., .,.lllt. ..
."llcatlo. for .pp~o..l of . oo..to.1..1~ ....1.,.... t. .. kaova
.1 ".cavl11. C1~. all. locat.. "1~1. the ~.cev111. ,1.aD..
QAl' ...,.lopaeal. the Clt1 retu... I. ,roo... ~. .,,11cI'10a.
VM"'Ypoa No04I"'" J:)ey.l~.' C.,.ny v.. '01." II a part'
'lal.ti'f .", . OOaD' for ...lar"'~7 ,.~,..c. v.. ..... ,. the
C~1.111'. Th. C~,. ba.ll1' b..,. tha ,..tLaD.., .f .tho
"i~..... .... the a~,~~. of CO\aII..l. h.vin, ,..1.... the
docu.elltarr ..14.nca 'D' 'OlD, otb.",l.. CY11y ~dYll.4 1.. 'h.
.~.-i.... 'In.. .~ ,ul.. .. follOW"
1. a. pnU.1aaQ ..y.l",,"Il' ,1... ."r.... .., tll.
D.,.n4&a, Cl'1 1. 1'71. II cu~~",'l, 111 .'f.e\ fer ,be '~'ec,
".,."1... VA". tb. ".l~.arr 'VI) '..elo,..Il' pl.... tbO"
,a,..l. ., ,..1 ,rope,ty ~... ~. '1.1n,lt,., '..rl C.".tt~~'t~D
LEGIBILITY UNSATlSfACIOfCl
FOR MICROfilMING
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to~ ..y.lo~.t a. rairw.,. Club 1ft4 tu.clwilla ~lu_.
r..,.ctiy.ly. a~ '..1,..,.. low ce....1aI~ ... ....1....ft'.
~be po. .cr. '...It, I.. c.....l.1~ ~..l...... ,. ,~
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b, ~ CltF at lJ .alto. N.tvlc......lft, .y..'. waleb ft...
cr...,IW.' 1. tbe i.'.w~ wltft r..pec' ~ &be e.b'''' ~r.,.r'lc..
tbe porN,," ....1'7 ., ...el....., ,,'n lM ,WI,W..q
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of cae r.al ,..,.rtr. A'COlr.,,,,l,. n.lIltUI.. lNw.
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tbe ".lla1aaar ....1.....' ,I.. ... ,.al, ....1'.. vitti all
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rlualJlI ... leal,. IOU. aat cu, C.-1..1.. are ..,.., oW'.lr"
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Date: August 13, 2007
The attached document was referenced by Ms.
Mary Solik during the discussion of Public
Hearings Agenda Item "500.1" at the August 13,
2007 City Commission Regular Meeting.
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THIS INSTRUMENT PREPARED BY AND RETURNED TO:
FRANK C KRUPPENBACHER, ESQUIRE
340 NORTH ORANGE AVENUE
ORLANDO, FLORIDA 32801
- ABOVE SPACE FOR RECORDING INFORMA nON ONLY _
NOTICE OF RECORDA nON OF FINAL ORDER APPROVING SETTLEMENT
AGREEMENT AND AMENDED SETTLEMENT AGREEMENT NO.1
THE CITY OF WINTER SPRINGS; by and through its undersigned City Manager, hereby
places of public record in and for the Public Records of Seminole County, Florida, that certain Final
Order Approving Settlement Agreement and Amended Settlement Agreement No. 1 dated April 21,
1994, together with the Settlement Agreement attached thereto, dated June 16, 1993, with Exhibits
attached thereto, and the Amended Settlement Agreement No.1 dated April 14, 1994, with Exhibits
.. attached thereto, all of which are attached hereto as Composite Exhibit "A".
The Final Order, the Settlement Agreement, and the Settlement Agreement No. 1 pertain to
that certain parcel ofland previously known in the Agreements as Lot 17, and now know as Lot 13,
per the Plat thereof, at Plat Book 50, Pages 42-50, Public Records of Seminole County, Florida.
Attest:
CITY OF WINTER SPRINGS
A Municipality of the State of Florida
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Title CITY CLERK
~~~~~~~
Title CITY' MANAGER "'I"',~,
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Signed, Sealed and Delivered
in the Presence of:
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Print .:ToG\. nV\~ llil \(0-
EXHIBIT
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STATE OF FLORIDA
COUNTY OF SEMINOLE
The fore~oing instrument was acknowledged before me this J gi:::!-
day of ~~ ' 19~6, by t?(SY}tJ..~: rYICLef:t~jo -
and 1Y1r.. ffJ:: m. ~ kl 115 , ~_('~ :jbj _4~ and
::JfitLnnt Ik~ , respectively, of THE CITY OF WINTER SPRINGS,
FLORIDA, a municipality of the State of Florida, on behalf of the
City. They are [personally known to m~ or have produced
as
identification.
:\~,,1 ~I/#~ MARTHA R JENKINS
~ n 'co My Commlsalon CC480898
* ~ * ExpIrM May. 08, 1999
". .,.. ~ Bonded by ANa
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DF f\.V
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Notary Public .
Name: mlLlr~o. R. 3"e.n.k.i'hS
My Commission Expires:
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COMPOSITE EXHITIT "A"
IN Tf1:::E CIRCUIT COURT OF 1RE
EIGHTEENTH JUDICIAL CIRCUIT IN
AND FOR -SENUNOLE COUNTy
- .-- '.. ,
FLORIDA
FLORIDA COUNTRY CLtJBS, INC.,
a Florida corporation,
CASE NO, 91-2244-CA.16-K
vs.
THE CITY OF \.V'IN'"TER SPRINGS. a
Florida municipal corporation.
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FINAL ORDER APPROVING SETI'LEMENT AGREEIHENT AND
A..i\1ENDED SETTLEMENT AGREE:MENT NO.1
This matter came before the Court this ell ~ of ADr-1
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, 1994, for the purpose of ~
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approving the proposed Settlement Agreement, and the Amendrne::t Settlement Agreement No. I,
and revised Master Plan for the TuscawilIa Planned Unit Development (hereinafter IISettlement
Agreement"), entered ir.to.by and between F10rida Country Clubs, Inc. (hereinafter "FCCI"), and the
City of"Winter Springs, Florida, a Florida municipal corporation (hereinafter "The Citi'). Plaintifr:
FCCI and the Defendant, The City, have entered into and executed the Settlement Agreement and
Amended Settlement Agreement No. I to settle and resolve ..the above-captioned case. The
,; Settlement Agreement and Amended Settlement Agreement No, 1 are attached hereto and
incorporated herein by reference.
The Court hag considered and reviewed all proper and rel~ant matters presented at the
hearing. the Joint Morton ofthe parties in support affinal approval oft~e Settlement Agreement and
Amended Settlement No.!. Upon consideration of the foregoing, the Court enters its Final Order
as foUows:
~~~ ~~ '~4 t2:20hM TC3P.
1. The Settlement Agreement and the Amendment Settlement Agreement No.1 are
hereby APPROVED.
2. This Fin:tl Order Approving Settlement Agreement and the Amendment Settlement
Agreement No. 1 shall, in all respects, be self-effectuating and shall become fully effective as of the
date hereof.
3. Any party to this action may apply to the Court for further Orders as may be necessary
or appropriate for the construction, implementation or enforcement of this Final Order Approving .
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Settlement Agreement or the Settlement Agreement and the Amendment Settlement Agreement Novl
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This Final Order shall be permanent and shall remain and be fully enforceable by th~
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attached hereto and incorporated herein by referenced.
4.
parties and their successors in interest in the Circuit Court of the Eighteenth Judicial Court in and for
Seminole County, Florida.
5. This Coun expressly retains jurisdiction to enforce any provision of this Final Order
or the Settlement Agreement and Amendment Settlement Agreement No.1 upon application by a
party to enforce the terms of this Final Order Approving Settlement Agreement or to enforce the
terms of the Settlement Agreement and Amendment S~Jement Agreement No.1 attached hereto and
;
incorporated herein by reference.
DONE AND ORDERED this d I S'T" day of AOr~!
I
. 1994, in Chambers at Sanford,
Seminole County, Florida.
III SEYUOUR BeNSCH
Circuit Judge
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',~: ,,~:Jii' ~;~! ,: i SETTLEMENT AGREEMENT
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::V'" l:rF ~;.;.( 'THIS SETILEMENT AGREEMENT (the" Agreement"), is made and entered into as of
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:'; April _, 1993, 'by and between FLORIDA COUNTRY CLUBS, INC., a Florida corporation
("FCCI"), and the CITY OF WINTER SPRINGS, a Florida municipal corporation (the "CITY").
WIT N E SSE T H:
WHEREAS, 011 October II, 1971, the Village of North Orlando, Florida, predecessor to the
CITY, adopted Ordinance Number 64 (tlle "Annexation Ordinance"), a copy of which is attached
hereto and incorporated herein as ~xhibit "A", which Annexation' Ordinance annexed certai"c..o
property, commonly known as the Tus~awi1la Pla,nned Unit peyelopme'nt (the "Tuscawilla PU~); C)
" " x'l'o.)
("'")
WHEREAS, tlle Annexation Ordinance provided for the development of the TuscawiIla PrQD
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based upon an overall development plan/map (a copy of the TuscawiJIa PUD plan/map, rc;:ferre"4toC,.t.)
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herein as the "Original Plan", is attached hereto and incorporated herein as Exhibit · B.; co
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WHEREAS, subsequent to the Annexation Ordinance/the Tuscawilla PUD was' developed
in accordance with the Original Plan, subject to certain amendments which redesignated the uses of
several parcels;
WHEREAS, portions of tlle Original Map were revised in accordance with a Settlement
Agreement dated September II, 1990 and an order of the Circuit Court of Seminole County dated
,~
March 25, 1990, resulting in the current official map for the Tuscawilla PUD, a copy of which is
attached hereto and incorporated herein as Exhibit "C" (the "Current Plan"); and
WHEREAS, on June 5, 1986, the Florida Depai-trnent of CommunIty Affairs determined Lhat
the Original Plan for the Tuscawilla development was vested pursuant to Section 380.06(20)(a),
Florida Statutes;
WHEREAS, on September 27, 1987, FCCI acquired 'approximately two hundred forty-three
(243) acres of land (the "FCCI Property" which Is legally described on Exhibit "D" attached hereto
and incorporated herein) witllin ule Tuscawilla PUD;
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;1~*:F!n,:~,,~.?f ~~~?~ ilr~, lbe FCCI Property, being Part o{ lbe Tu,cawll/a PUD, Is 'ubjeClto lbe term,
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:~>.: t..~J1~;;~!~:s!~ '-')'Rf:~f.' i :
,'.;;n~. f<<:'~I' . w~o~.. a{ lbe Annexation Ordinance and lbe Original Plan, as amended, .and InClUde, lbe
~;;f"" '1 ~fOI~':;ing as shawn an the Orig inal Plan: .'
~~. ,'" :' ,! . · . Approximately one hUndred ninety (/90) acre, currently ImprOVed wilb a go/{
,t' ":' Course, club house and related use,;
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Ten (10) acres for "guest cottage" Uses;
.
Approximately twelve (/2) acres (or "condominium u,es"; and
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Approximately lblrty (30) acres which. )"ere. not 'peclfied as to use an lI!a
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V;HEREAS, in 1988, FCCI submitted to the CITY PI~:fa~ ~e if'pravement,a{ a POrtia'!"
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a{ lbe FeCI Propeny. wilb a clubhouse, lbe plan, wer~ apProviod"by,,,the..CIT.Y;. and in 1989, lbe
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clubhous~, was constructed;
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WHEREAs, in December, 1990, FCCI submitted to lbe-CITY staft' (who referred It to lbe
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~'TY'''PllUU1in& and Zonin& Board) a plan {or lbo devolapment' of: One 'hundred filly (ISO) guo"
COltagesand a proposal {or ano hundred lwejlty (120J..conda/Dinlum. .. proposed;....
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,.. i WHEREAs, lbo CITY', Planning and Zoning Board refu,ed to conSider FCCI', proposal
. far development a{ guest cottages/condominium' and directed FCCI to. presenl its'plan to lbe CITY
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:WHEREAs, FCCI submitted' its plan to lbo CITY Council and on Juno 10, 1991, the CITY
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~l denied FCCI', right to COOStruct eilber gue'l cottages or condamlnium,;
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{;ountry Clull'. I nc, vs, City a { Wi nl~r SD rlnf.'i, (Caso No. ,91- 2244-CA-I6- K) (lbe . Law,uJt");
WHEREAS, FCClti1ed a Verified Complaint far Declaratory.Judgment and a Petition {or
Writ a{ Mandamu, In lbe CirCUit Caun a{ Seminole. County, Florida In the ca"e 'tyled florid.a
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,', I r: " WHEREAS. on M arcl, 18. 1992. th~ ,Circuit ~O~,rt.o ( Seml~~le .p,~nty, Plo~ids; ~n~red an
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',,~9ider referring the parties in the Lawsuit to medla!!op; ",' . ,. n 'j', ..:',' :" ""',
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WHEREAS. In an aUempt 10 resolve the Issu~ sur~o~pdlng ~e Lawsuit, PCCI and the CITY
~iated .the issues involved in Ule litigatIon on May 5, l~~~; :: '
WHEREAS. guring tl,e COurse o( tl,e medlatlon"PCCI and the CITY agreed to, the resnlution
of tJle Lawsuit;
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o(the citizens of the CITY;
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o( Intent to Consider this Agreement has been properly publisheq and, given ,and thIs Agreement has
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~ .i>ro~rJy adopted; " , .,': .';', , ,,',,~i~,,;,/ ,
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" "W ~REAS. further approvals will be requ!!'ed}o, !!!J~,le."1~!1~.th!! Agreement in the (ann of
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~,ts to the,Comprehensive Land Use P1an.M"P. '!'lcl,!ll~,Tusca,!,llla PUD Map, as well as
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approyals pursUant to other local. state and (ederal rules and relliil""inns (the 'Purther Approval.,);
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WHEREAS. !( the COUrt order approving this Agreement dOdarea that the Proposed Plan (or
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and
the Thscawilla Pun is vested agalnst the CITY'. Comprehen.ive Plan and implementing ,land
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development regulations. said ded2r.\tion shall govern rbeCITY'.' action. with regard to the PUrrher
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Appro~s; .and
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, ,,',WHEREAS. the CITY represent. that the CITY has .tandinll and juriadiClion to enter into
this Agreement; thIs Agreement is valid and blnding;,and ~at; "U,bj~Cl to th'-COUrt', order of vested '
, rights and ,to the, Furrher Approval. and other conditions hereof; thi. Agre,ement is in accordance
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with the CI1Y's Comprehensive Land Use Plan and development regulation..
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consideration, the receipt and sufficiency which arc hereby ackn,?wledged, FeCI and the. CITY
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h~y agree as follows: . .
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TERMS AND CONDITIONS en
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1. ".The for~going recitals. are true and correct and accurately represent the maUers
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affecting .the Tuscawilla PUD as of the date hereof, and .~nj9i: x:ecitals are expres~ly inCOrporiled-
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herein and fonn an integral part hereof. .
2. Attached as "Exhibit "E" are legal descriptions of eight (8) parcels within the FCCI
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Property (refem:d to as "Parcels One through Ei~l" E""pect~vely. 9r.lngularly as a "Parcel".!",
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where reference is to more than one oCthe ParceJs~ as "Parcels", whIch shall be collectively referred
. ";' '" '.. .;.\:1':..;:,.".......,..;\ :"l";';~ 'it "', :c". ,. ....,.;.
to as tlle .~velopment Property"). TIle FCCI ~opem' descrIb~In E~IbJt "~", 1<?S5 and except
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the ~velopment Property. shall be known as the "Golf.P.rop~rty".
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" 3. A,Iso included as part of "Exhibit "E" are eight' (8) conceptual plans (reduced in size
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from the orig~als n:taintained in the records of the CITY) for, the' development and platting of the
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Deve~oP~t Property as sixty-nine (69) single-family lo~ (the "Conceptual Plans "), Subj~ct to the
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Further Approvals, the Development Property shaH hereafter be developed with sixty-nine (69)
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S~l~family. detached residences on lots as generally ~epi~o!l_~e .C,?nc:eptual Plans and the new
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plan for the ThscawilJa PUD which incorporates the Conceptual Plans into the Current Plan (the
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: Proposed Plan"J attached hereto and Incorporated herein as ExhIbit. "F". . No .other portIon. of the
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~Cl ~perty ,shall be developed for sinile-famHy, multl-fampy, hotel/motel, guest cottages, or
other residential uses.
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','..4:: The Conceptual Plans have been revIewed 'by' th'e CITY'."staff ~~ sUbject ttj' the
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"" ,~pprovals. shall constitute aeeepUb Ie concep luaI pl~s' far development a ~~n~k::~,,?,i~i lotii..;
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...;' ,'acknowledg~s that It shall be required to secure the'Fu~er':Approvals and that It.must'comply
c;l!1!!f ; , ,.'. ,.;;.' ' , ,;, .:.::: (:.:,j
~!,.;.;~th the applicable CITY Codes for approval of preJlmlnary' and final engineering pl~s'':aoo'platJ~
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,!1 m fCCI may complele al its d iserelian:"d all its schedule ~lh" preliminlll)' and fi:aJ enfInee~if;g; :~t .
the respective Parcels and shall suhinil such preIfrnlriary arid final engIneering plans ilnd plati.tO:~.'..
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CITY for applicable review and approvals (it being understood that engin~ring plans and plau~~
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be submitted for individual or multiple parcels), The CITY agrees to expedite 'and' aCcommOd" ~
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preliminary and ,final review process as quickly as'can . reasonably be do'ne::' The CITY shaJrtaCe !31L
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steps required to effectuate this Agreement and to promptly review. alJ'appJications for deveJof'"me~
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0'[ the Development Property in accordance with' this';Agr~m~rit'.'!' 1"
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5. ' The FCCI Property is subject'to those 'Effluent' Dis'posal Easement Agreements
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betWeen Winter Springs Development Corporation and 'Se~~ole Utility Company filed' in Offid3I
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Recoros Book: 1704. page 1179 and Official Records' Book 1892, pagc,' 72, of the Public Records of
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SC:ffiinole County, Florida '(the "Effluent Easemenu ")." The' Effluent ~enierit.s permit the . CITY to
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spray up to nine hundred forty-three thousand (943,000) galJon3' per day' of effluent on the lopCn are.u
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of ihe FCCI PrOperty. Approximately one hundred foitj (14o)"."re,' an, nCedCd io di'~,,"'if.uch
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quantities of effluent. To the extent of the CITY's' legal authority to do SO~ the CITY'shall"rele3ie
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theDeveJopmem Property from the Effluent Easements at the tIme that the final plat' for each Pared
is approved by the CITY. provided FCCI shall at all tlm~s'm3lce av;UlabJ~ to' the' ciTY not less than
o~ huOd~ forty (140) acres for effluent dlspos:aj 6ri:theGolf PropertY,'PCCI stial"in3ciiIJ'~uch
lines as are necessary to compensate the CITY for any effluent dlsposallI!les imd areas lost by virtue
of the development of the Development Property.
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.,~~ ~ It is the intent of the CITY and FCCI to encou~age and promote development of thcp
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~~t Property in accordance with this Agreemen~..:;: Therefore, the CITY. and FCCI: agree
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ifoUows. subject to the Further Approvals and compllance.' with: thIs .Agreement: . ' ,
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~~~::p a. FCCI shall be authorized to dev~l~p,ihe FCCI property In accordance,with
.,,~.: .
':~is Agreement.
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b. The Golf Property shalf be used fo'rthe purposes' of operation of.acouziuy:
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club. golf course, tennis club. club house/restaurant, ;.i~lf and ,tennis " teachlni ; and . trai~~
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faC:ility/school/academy (with no on-site resIdences), sto~ water. dr~e,retention and..~ofP
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for:,the, ~veJoP!llent Property; effluent disposal ,~d rel~ .~s~.s!.- S~y~ra1 Q(th~!Cop~~ ,~:
. . i :i~ . ~.: :.::. fr: _
depict 101$ on areas which are currently improved with th~ goJ.f.cgurse"an(Ut Is understoOd ~.1iq:(L
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shall relocate the golf improvements so that the lots may ~:P.~F~IIJ.WoQ~ in harmony.with.th7 gou:>
co~rse. FCCI may remove two tennis courts to accommoda~ f:he: lots in Parcel ~even and may, at
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its option. reconstruct them in another location selected by FC;,CI, subject to approyaI of the 10000ion
by the CITY.. FCCI may create lakes, waterways and other ease menU on or over the Golf Property
to provide for stormwater retention, detention, and transmIssion.. F~CI may construct new buildings-
on the Golf Property, including the relocation of the course maintenance building, a golf academy
building. new course restrooms and other facilities to acconunadate iU'busineu as it may change in
the future. and the existing cafe and tennis buildings may ~ relocated to other locationS'in the area
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of the clubhouse; subject to the approval by the CITY of the locations of any'newf.acilities:,. ....
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c.' Each Parcel shall be deemed to have met all requix:emeDts (0( ~ ~ Q(' :
site coverage. The Golf Property shall be taken into account' 113 open spaCe for develo~~nf~~ the:
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Development'Pr6perty pursuant to the Conce~tua1Plans ,.;'" -.:f. ",-. ....-...:'(:.,. .,;"i"..:.~:.';;'-:..i'-:':'~i-:t
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. : ; d. The CITY shall cooperate with FCCI ta rerriov~.o~rcjo~ a1~ C~~;~~ ~.~tt:;.~}
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easements on the Development Property a~ the expense of FC~I;~bJ~ ~!th~'i~~t;~isq~~.~~t~t~~i
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LFfiC;:'l r,~C~R:l~
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SE~IHOLE co. FL.
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e"Cov~I of the CITY's staff engineer, not to be unre~on~ly . withheld. ,FCCI may u3Cany
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.~I.. 't or right-of-way of the CITY to make connection to CITy utility. lines, subject to reasoDabk
,;:(;1" :" .' .;
.' .prqval of the CITY) utility director based on appUcablerules"regulatlons;.standards and pol~ie3.
:ji~~iti:. : e. FCCI shall be pennitted to con~truct cuI de sac road. (as depicted .00. the
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,j~{;i~ Co.nceptual Plans) to service the lots in Parcels Seven and EIght, with only one entrance to each on
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'-~~" ~:! Winter Springs Boulevard. FCCI may make curb cuts and have driveways for each lot on Winter
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: ~ Springs Boulevard and for each lot on Northern Way,' e~~pt for the lots in Parcel Seven,: which
: ':shaIl have an interior cui de sac as depicted on the Conceptual ~lan.: No turn or deceleration ~
shall be requIred for individual lots on 'Winter Sprln&s Boulevard and Northern Way. The streets
to be constructed on Parceis Sev~n and Eight may at F<;:Crs optIon be e!ther: (i) private "Yith. e~
.or manned security entrance gates, or (ii) publicly dedl~ted: and maintained 'without security ~s.
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Even if they are private roads, they shall be cOnstructed iQ. CIT~fS~3fds foC; dedicated~treeu and
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FCCI'shall provide emergency access as: reasonably' ;r~~U~e4' ~?', th~ .el1Y~ The era will not
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.object to 'any roads in Parcel Eight being located ,wit1iiI1..~r ;~cross. ~areiU .subj~ to ~I1Y Casements.-
The streets may have landscaped islands located wlthln;,the turn!n~ circles of the cui de S3C3. No
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sidewalks shall be required on any of the lots in Parcels Seven and Eight.
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Subject to the reasonable requirements of the CITY's staff engineer, the storm
drainage retention required for the Development Prope~ may, at FCCI's option, be provided on
the Golf Property (to serve the simultaneous purpose of an amenity for the golf course) and
maintained by the owner of the Golf Property.
7. The CITY acknowledges that the ownen and developers of the Tuscawilla pun have
relied in good faith on the annexation of said property to the CITY ,and the approval of the Original
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Plan, amendments to the Original Plan and numerous permits and Qther approvals, authoriz3tions ,and
agreements by the CITY; and that they have incurred substantial expenses and obJIgations in reliance
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BL ~: PAGE
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;!'and that they have so substantially changecftheitposition::'that i(would be tirifair't(,'t3ke
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y~the development rights provided pursuant to" thei; O~iiin31' Plan.":: ;'The ::CrrY:"furthb-.
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aCknowledges that the Proposed Plan, as compared to the Original Plan,ia leu intensive and 'creates
l;H.' , ,.,:," , " ::' .:: r-~~<,' .
:::,~~,fir~ impacts in that the number of permitted dwelling units' has been reduced from'9;63,6 to:~~~.
,.'~;~.~:~' . . ::;::if~:",~
,il!}~':':-Y~the Commercial and Office acreages have been rCd~'Ced from 89'acres' to 81.0'acies~-'~:ti~
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~~r~): .o~ltheIC6mparison Matrix attached hereto as Exhibit "a"; The CITY fu'rther acknowI:edges th~ ~:~
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facts stated in this paragraph meet the standards for granting a Vested Rights Special Use' Perniit . fOr
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'. ~e ~p6sect Plan, subject to comp.Hance with the pr6cedpi~1~~~uiiements of CITY ordi~: ~~.
":;! ',.:.... . .~. 0" "',.,' ~r. _. .L:;..,~. r:,' .~. '.._,....'1 ", '. I:'" ~;'i':":~
53~. or the: aPproval of the Proposed Plan by Ii cOurt order: ,. By its executio'o of this' seu1eineitt
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Agreement and its approval of the Proposed Final Orde~~ ~e CITY. requesu approval by the couft
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of the Proposed Plan as a vested plan of developinen(as';d~f1i1ed,:iIi'CITY Ordinance No. 534.:' ii .
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." 8. In the event of any conflict between thiS Aireeme'n'i arid ariy other ordinance, approval
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orsimilar matter regarding the Tuscawilla PUD or the~F9CrPropex:tY: this Agreement shall control
'. . . . ' ..', ,..~,,;..;l~JJ~t,tT;'~ ~': ..,t.. ,'" ..J, > ~,;.
axid &overn the rights and obli&ations of the partie! h~re~ ,to 'th'e exieilt 'permluible' under the law;
.' :.:..~;...:..:i,"~(~:r:~r.'ll~~~.'~~,~<<; 'I"~_,!: . .:. '~. ":,, .
: 9: This Agreement Is ~ compro~,s~~~o~' d~ip.~ted IcJ~m.s and the execution 'of'this - '
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document is not to be construed as an admission .aglumt e'1~er FCCI or the CITY. Upon executio~
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of this Agreement, the CITY and FCCI shall ~x~cu~ mutUal releases 'for all matters Involved'lri"the
. t " '.,; .: :'1;" :'::' ':"" . .
LaWsuit in the form of Exhibit "H" attached her~to~ eice~t:that each party shalJ except Its rii;1u as
'set forth 'herein.
10. Upon execution of this Agreement and.~ati.qc.~on by the CITY Cou~cil, F~CI and
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the CITY will petition the Court for entry of a Final Order: in tJ:1~ form attached her~to as Exhibit
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"I" (the "Proposed Final Order") and FCCI wllJ dismiss the L1wsuit with prejudice. The,<Aurt.
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however, shall retain jurisdiction over this matter and s~clfically' as 'io this A2reement, In order that '.
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all disputes hereunder may be resolved by the Court, pursuant to such proceedings as the Court may
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[F ;:-;.cI~L R ECiJRJS
800 PAGE
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.::.:-;f'l . SEMHWLE. co. fL. .
'~~ . in order to accomplish the f~I:'e~oi~2. : The prev:~lini party' . shall ;be. entWed io ,.
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. ~ any: and all costs and expenses, includin2, but; not limited to~.reasonable attorneys' ,fees'
~~,:~ ;: '_i ,.' "!:':' : . : [ .t~.. ::~ ;;- ':~V'. j;:;::;~l!:\;~t.:::~~ ::;4cJ..~.~;~. i >:~',
~~~iUt~s' fees. and other professional fees' ~~ ~~*'~{~~,o:Jf:i1~!;ih~re;th~;~lf:t;ifn4:~!i !~~t .
; .~ttl::';;f .' : to;. f~p.r~:,~r.:. ;:;r-Ji~::";"~.a1r' '-Qrt:-t~~~~;;~~q', :i:.....!i ....... :.; oj; :. ;
J_:':::L3:i IH, . . . I .~i~ :..::~: <':.. I a J........ l; .i~..: ". : '.:: ": i: ;: ~ :;
l i'< i: : 11. This Agreement shall inure to the benefit of~i. ~~',~ bindiilg' upon, ~FCCI ~: ~
:Jlt>- . :' .::~,:;{, ~,.; :i,:~:._:.:~~i:t;:'~~'
,ft~~. qTY. their respective beneficiaries, successors and assiirul, arid any successor In''title'to FCCI shaJr .
~ ,:'-~~' '( r ': ~. .' ~ '~;" .~. .
J{'.) have all of the rights and obligations of FCCI as set forth In this Agreement.
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:~i":: 12. This Agreement contains the entire agreement of the parties hereto with respect tl? the
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matters involved in the Lawsuit as'set forth herein. Any chanies, modification or amendment to ~is
":. : ~. : :: :.
Agreement shaJl only be binding upon the parties if in writing and executed by FCCI,and the cITY,
. ' . , . ~);:~.~.~r..,~. r .
and adopted:by a resolution of the CITY. . ' :'; '" ":' ,-:,-" '. "~:'~'
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. ,. 13.; This Agreement shall be performed and:'Construed in accordance with,' and aii1y~io
i . 'j~.::t.::~;r.~~~';.::~:'~:-;:':':~::.':' :~"". :
the extent permitted by, all applicable laws, ordinance~~ ~Iei ~d regulations. If any provision; of :
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this Agreement or the application thereof to any pe~ao~f.ar;C~cumJtancesihal1 for any re.ason,. and
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to any extent, be invalId or unenforceable, the remai~d'er::oc' thia' Agreement 3nd the application of .
;...;: "'.ri:~... ....:. ....~. . . . :. . . -:.~:;.,~.;;:
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such provision to other persons or circumstances shall not be affected thereby, but rather shaJ1: t>e ,.'
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~forced to the greatest extent permitted by law.
.;
IN WITNESS WHEREOF, FCCI and the CITY; have executed this Agreement as.ofthe date :
. .: ~,..'.:.~':~~~...~ ::rr~~:" r;.~ .:...:~:'. : ." .t"'f.~""".':!-' ..:..~ .i:'~}' ~
ie' i~.." .~ ~- \ i- : '.-.:'- :> :~!.~' ;of
and year first above written.
. . .;'. .". ?',; .,
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Witnesses:
-FCCI-
; ,
FLORIDA COUNTRY CLUB~ INC.,
a Florida;'.cO'" ration
.:' ::; :.
~d/J/l+V
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I'
President
t.5f7'Q.J.4.. I
9
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i+STATE OF FLORIDA )
,,~f:i!'::;i. )SS.
", <i;~::'COUNTY OF SEMINOLE )
, '~",'i "';
~.~~~i~El n ' . The foregoing instrument was acknowledged before me':this;";'iGi..::,day O~993, by
l~t1' .", . James R. Mikes. President of FLORIDA COUN~~ .GLUBS;:'INq~;,'a '~()rid.i'~corpor3tiOn~ on; -
. ,j'1~ . behalf of said corporation. He is ~rsonally::' known'to~' me': or 'ha.Jprod~ced:
~~1~' '! ::: ' as identification and did/didnot'takC an' o3th. '
~(,.. .
'0" 41 ~,,;e:- ~:z:J.v "
::V~.:J' Notary PLi lie hfA,c1f -r: CAt..,,, N
Commission No.: ~ e. (J 'I '" ;,
My' Commission Expir~T.\llY f'C311C~ ~rAU en HO;ZO.a. .
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20/lCfU lIlIlU'J.C;~f"S '40r~%'f 5iC
CfriCi' ..~CUR).-;
BOOK PAGE
3 I 0.2 I 3 6 r
. . SEMINGLE ca. FL.
"CITY"
.,;. .....
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By:
As Its: Mayor
'.
STATE OF FLORIDA
COUNTY OF SEMINOLE
)
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. The foregoing instrument was acknowledged ~for~ me this /t,t:.{ day o~lm, by
,PHILIP.A. KULBES , . Mayor o(;the ,C~,OF ~/SPRIN9S"
FLORIDA. a Florida municipal corporation. on behalf of'iaiCi 'corporation:" 'He' is'perwriaIly known
to me' or has produced 'li4' l~entificiitlon and dId/did not take an oaIb.
4pt;'; - ~k~
Notary bIle " .
Commission No.:
My Commlssion Expires:
, ,,0&
NOT."'f P'UBUC, STAll 0' '''01101. AT LA
MY' COMMISSION IXtJllS AUGUST %7. I""
IOHDED THlUA05Nrs NOTAa1 aaOICJIlAtJt
LEGlgt~1Y U
Fr'~ MICROF/~~~~~f.A~roRY
~l'
10
~FriCI:'L ri:C~r:~~
BOOK PAGt
. . 3102 1368
MUTUAL RELEASE ~N? ,~~~~~~r:! .A~REE_if~MT co. FL. ,: -:
. < "'. '<"';:.' ,.1,,~~.:I:~ ;. '~"':J:> ..' S!=-o ~ ". t:.: : . "."
This Mutual Release and Settlement Agreement (Agreement) is made and executed this _
day of , 1993, between Florida Country Clubs~~!;Inc..CECCI"r'ani:L~e Clty~~f/~Yi~r
S. FI 'd (th "C' ") " - .. ," . ' . ,.
prmgs, on a e Ity. . '~':. ,~:y;. ~'.~ ~': :' . " C....
. ~ . ; ~
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.' . .
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, I WHEREAS, there is currently pending certain litigation which involves the parties to this
Agreement entitled Florida Country Clubs. Inc. vs. City of Winter SDrin'~s, Seminole County Civil
C~e No. 91-224-CA-16-K (the "Litigation"); and . : . .:. ;, J; '~.: "i' _. "
.' t.,
.... I I
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'WHEREAS, within the LitIgation, FCCI has asserted c~alms for damages against the. City
and the CIty 'has asserted counterclaims against FCCI; and!~ ~ ::. ";', ". :.' ,..' ",
, ~ ,~ . . : 1 i '.,. ; .
.. 'WHEREAS, no party admits liability to any o tl}er: , party, ...nor . does any party a4r~j'to;.
acknowledge' the truth of the allegations or defenses raised in the. Litigation; and' .
..
WHEREAS, the parties have agreed to settle theiI:; differences' without further com or,
litigation pursuant to that certain Settlement Agreement between the parties of even date herewith '(the.
.Settlem~nt Agreement"). ::.: /~!.,; ~:. ":
NOW, THEREFORE, in consideration of the promj~es.and mutual covenant.scontained.in:
. : . . , ..' ; ,; r.o '".r.:
the Settlement Agreement and herein, and other., good.:-and :.;.vaIuable . conslderauon~.(the.:
. . . .' .~.. ... -'. ,..Il~'- r. ~. r _ -,..... ..-
.Consideration"), the receIpt and adequacy of which are hereby acknowledged, the parties agree a.(
follows: ....
1. In exchange for the Consideration to FCCI, FCCI and Its corporate predecessors arid,.
successors, assigns, shareholders, officers, directors, employees,'.parent compariies,' subsidiaries,: .
affiliates, agents and indemnitors, hereby forever release and. discharge. the CitY, its '~nimijsio~s: i~' .;
. , - . ," : L; "f 'I. ..- ..:.. wt'- ""':.'. :.
en1ployees, affiliates, attorneys, representatives, agents and Ipdemnitors, from all clai~~~''demands,;j:::-l':
~~',,'( " ',' . . !A:!' .... ~, I . _or. ..' '~~:";:'''''''~.!J.i .;.... .
damages, both compensatory and pUnItive, debts, dues, costs/attorneys' fees, actJons aJ~d~~~;.ot. . ::
action, whether arising at law or in equity, whether sounding' iiI. contriiCt'or)n to'ii, 'wfietJie(];-3S~:: :,
" - . . '.. . ,. r '.., ,'. .'f '..-,
on statute, contract, common law, rule or regulation, whe~er..d.~r~~t Q_~:cops~queri~ial, JjqUi~ated or .
unliquidated. known or unknown, which FCCI now has or may have, for, upon or by reason:ofany
matter, cause or thing whatsoever existing on or at any time p~ior to the date of this Agree~~~t':wit!J ;
. ,; . regard to the Litigation.. . ' ' ." . ; .." :..- -'.: .'.: : :. :;' ;':. .
'" ; "
2, The City and its commissioners, employees, affiJi~tes; agents and 1nd~~nitors,'h~e~y
forever release and discharge FCCI from any and all claims,:demands,:d.amages, b~th compensatory
and punitive, debts, dues, costs, attorneys' fees, actions and,ca!lses ofl!ction, whe~er arising at law
or in equity, whether sounding in contract or in tort, whether based on statute, contract, common
law,' 'rule or regulation, whether direct or consequential; .liquic:f.ated or' unJjqui~ated,. known or
unknown, which the City now has or may have, for, upon or by: reason of any matter, cause or thing
whatsoever existing on or at any time prior to the'date o(ttii.! :Agreement with regard to the:
Litigation.
0SI10029.1
1
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'~OK . PAGE
: . .J I O' 2 I 3 6 9 .
.:. 3. . Contemporaneous wilh tho execution of this A~ment, FCCI shaH execu~
documentS required to accomplish dismIssal and shall dIsiM!\lN,Qlth. jJdlce and without cosu, the
entire Litigation. . ..... ;;. .':1:.' ....::..... :~..,....
. ,," ;-,\
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: ' 4. - This Agreement shall operate to forever,se~Ie, . adjust and discharge all Claims which
FCCI has or may have against the City, or which the: City has or may have agai~st FCCr, with
regard to the Litigation. This Agreement shaH be binding 'on. and inure to the' benefit of the
successors and assign~ of the parties.' " "~;:! -: f'.: ,
... J; '.
5. FCCI and the City agree that they will refrain from commencing any action or 8uit,
or prosecuting any pending action or suit, In law or in equity, against one another on account of any
action or cause of action with regard to the litigation which now exists or which may hereafter
accrue in their favor upon the basis of facts .ex~sting~.'of the date of this Agreement, whether
presentiy known or unknown. In addition to any: othe( li#,i1ity wJ1!ch:shall accrue upon the breach
of this Agreement, the breaching party shaH be liable to pay all reasonable attorneys' fees and cosu
incurred by the non-breaching party in defense of such'actio~ fr;;~it.
6. This Agreement is based on and shall be gover,ned ~~ the laws of the State of Florida.
. : "- _ i~ . :. I:.. . . ... .....ij .
7. Each party shall pay its own attorneys' fees:and co'sts~; ."
8. All parties have been represented by counsel and have hact 'the benefit of counsel prior
to executing this Agreement. All partIes have execu~ and delivered this Agfeenie~fr~Jy. .
knowingly I and 0 f their own will and volition. . " ..' ' : .~. '. .
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DATED:
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WITNESS:
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F, LORIDA COUNTRY CL~.. . INC.,'
.a :~lorida orporation /:/ , ,
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DATED:
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WITNESS:
/n u"1f -;-; ~ 7::;
By:
Its
-:
05110027.1
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CfiiCiAL r,ECGR~S r e ~_. .l~.
BOOK PAGE
3102
1370
SEMINOLE CO. fL.
AMENDMENT SETTLEMENT AGREEi'YfENT NO.1
, THIS AMENDMENT TO SETTLELYfENT AGREElvrEl'l1 (the "Modiiication"), is made
and entered into this Pi day of April, 1994, by and between FLORIDA COUNTRY CLUBS,
INC., a Florida corporation (I1FCCI"), and THE CITY OF Wfr./lER. SPRINGS, FLORIDA, a Florida
municipal corporation (the lICITYII). .
WITNESETH
WHEREAS, on or about May 5, 1992" the CITY and FCCI did reach the terms of a
settlement through mediation of Case No. 91-2244-CAC. FCCI v. CITY; and
WHEREAS, subsequent to May'S, 1992. FCCI and the CITY did continue to negotiate
various issues regarding terms of the mediated settlement; and'
WHEREAS. on or about June 16, 1993, FCCI and the CITY did execute and enter into that
certain Settlement Agreement ("Settlement Agreementll), now on file with the Court; and
\VHEREAS, the Settlement Agreement was intended by the parties to memorialize the issues
resolved by the parties in their mediation conference held on May 5, 1992 (the "Mediation"), and was
intended by the parties to be binding upon each of them in order to settle the pending litigation; and
WHEREAS, FCCI and the CITY have determined that it is in their mutual best interest to
modify certain of the terms of the settlement contained in the mediated settlement and Settlement
Agreement rea.ched .
NOW. THEREFORE. in consideration of the recitals and other good and valuable
consideration, FCCI and the CITY agree to modify the Mediated Settlement of May 5) 1992 and
Original Agreement as follows:
,;
1. The parties acknowledge and agree tbat the Original Agreement is valid and binding
upon the parties, except as specifically modified herein, specifically including but not limited to any
matters discussed or agreed to during the Mediation. The parties agree that they have been fully
informed of all matters rdating to the Mediation, the Original Agreement and this Agreement, and
intend to be bound by this Amendment and the Original Agreement;
2.
following:
The Conceptual Plans shall be de~ed to be modified to require and/or permit the
a. The seven (1) lots depicted on the Conceprual Plan for Parcel 4, located at the
north side of the inter~ection of Shetland Avenue and Northern Way extending east to Greenbriar
Avenue, shall be reduced to three (3) lots, with frontages totalling approximately eight hundred
twenty-five (825') feet on Northern Way. west from the intersection from Greenbriar Lane to the
'estern right-of-wayline of Shetland Avenue. No lot shall extend beyond the western right-of-way
hr';-: Co':' . ':;4 1.:... c:.":"hl-l I "-=.or:
P.S/18
UffiCIAL RECGRJ5
BOOK_ . PAGE
3102 1371
line of Shetland Avenue. The area formerly depicted as the lots being~fAAstck~Fe..ereafter be
ieemed to be "GalfProperti' as defined in the Original Agreement. The City approves the final
..:ngince.ring submitted by FCCI for the three (3) remaining lots located in Parcel 4.
b. FCCI has not as yet completed the preliminary engineering for the lots depicted
on the Conceptual Plans for Parcels 7 and 8. FCCI may increase the number and/or reduce the size
oflots located in Parcels 7 and 8 (and increase the size of the area located in Parcel 7 to include area
west of the entry road depicted on the Conceptual Plan for Parcel 7). FCCI shall be permitted to
develop a total of thirteen (13) lots on Parcel 7 and a total of thirty-nine (39) .Iots on Parcel 8,
provided said lots can be developed in record with applicable City Codes, and State and/or Federal
laws or regulations. The City shall promptly process, review and approve such modifications to the
Conceptual Plans (as well as preliminary and final engineering and plats) for each of such parcels as
and when submitted by FCCI. As provided in the Original Agreement, the term "Development
Property/l shall hereafter be deemed for ~he purposes of permitting Parcels 7 and 8 to be developed
with the additional lots herein to include the following: (a) the land lying north of the ninth tee
directly west of the parcel commonly known as the "Hooker Parcel" adjacent to the country club
clubhouse and parking lot; (B) the approximate fifty (SO') feet of land lying adjacent to the 2nd
through the 4th holes of the Club and the property commonly known as It\Voodstre2orn"; and (c) the
land lying west of the entry drive depicted on the Conceptual Plan for Parcel 7. Each of these areas
may are used in conjunction with the development of single-family uses and not be required to be
maintained as GolfProperty.
3. FCCI agrees that the lot adjacent to the Fairway Oaks S'..!bdivision depicted as Lot 17
n the engin~...rlng plans for Arrowhead Unit 1 shall be subjected to the deed restriction set forth on
Exhibit liB" attached hereto.
4.
and effect.
All other terms ofthe Original Agreement not modified herein shall remain in full force
\ lJ IN WITNESS \YHEREOF, FCCI and the CITY have exect!ted this Modification as of April
...w....., 1994.
;
WITNESSES:
FLORIDA COUNTRY CL
a FIo . orporation
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CITY OF WINTER SPRlNGS, FLORIDA
a Florida municipal corporation
~~~
By: . o.
r Bush, Mayor
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AGREEMENT
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THlS AGREEM:ENT entered into this ~ day of . 19941 by and between TIrE
CITY OF MNTER SPRINGS, nORmA (h~eina.f\er referred to as "CITY") ami FLORIDA
COUNTR Y CLUBS, me. and JNvfES R. ~rvfrKES (hcrcina.c1er referre:d to as HFLORIDA
COUNTRY CLUBS") for and on behalf of thi:d p';lfry beneficiary who shall be ~'own as CITIZ..ENS
OF THE CITY OF YVINTER SPRlNGS, nORIDA (ncO"ci..'1after ref:rred to as "CITIZENS")
provides as follows: : ! .
WHEREAs, me CITY and FLORIDA C i ~ y' CLUBS are desirou, of resolving issue,
rCgJIding certain issues surrounding the dcvelo meat of certain parcels of property mthin the City
by FLORIDA COUNTRY CLtJBS that are w tHin the jurisdiction and comro! of the CITY an~
imoac: the CITIZENS. I :;
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~IDERATION OF 1}l.:E SUN! OF ONE POLLARg
I LE CONSIDERATION HEREINAFTER:.,.,
BETVlEEN TRE ? AR TIES: :-
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1. The following restrictions shall e ~et fonh by Florida Country Clubs, Inc. ("FCC")
in the Deed oCLot 17 oi..vrowhead at Tu.scawill , Ynit I and in the Deed and Covenant rc:u...;cuons
of Arrowhead at TuscawiIlOl governing that 10 for the bene5t of Fainvay Oaks, Unit 11 Lots 25
through 30. i
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2. A perpetual easement shall c:cis ~ycr a three (3) foot wide strip beginning at the
.mhc:TIrr~ost point of Lot 17 and from there run 'ng southward to allow the residents a.ccess to the:
golf course. Within that area no struCture or yeg a60n of any kind \.!rill be .ulowcd to impede: access
to the golf course. I
. I
3. A perpctuallandscapo easc:ncnt shall exist OYer the westernmost thiny (30) fl:et of
Lot 17.a.djacent to Lots 25 through 30 prohibiti gIerectioc. of any building or vertical improvement
(such as a.oy hedge, Wo.lI or fence) and prohi' iti~g removal ortrees c::xccpt for modest thinning
purposes, Within this e~mcnr the westernmost hCcc (3) feet may be. used by the adjacent property
owners and their b"Ue.sts to ha.....e unr~stricted a cdss to the three foot ':;1sc::me::t described above in
, I
paragrilph number 2, sa as to pcrnut access to t 1ciso!fcounc.
4, ^ perpetual landscape easemen SbalI exist over tha.t uc.a lying northwest of a line
extending from a. paine an the c.omman boundary fLot 17 alia Lot 27 wl"..ich i.s twenty-five (25) fe::t
south of the southern edge of Lot 26, to a poi t ~n the northeast property line of Lot 17 where it
changes direction to run C::l.steriy. Within this 4a vertica.l improY~ents (such as hedges, walls,
swimming pool, tennis ccurt or crees) are pro 'bired and all shrubs and yegetation (except of the
trunk3 of trees) shall be maintained not to bloc tEe current view of the golf green from the homes
of Lots 25 through 27 from a. height of two (2) fc ~o a heigh! offiftec:1 (15) feet (wmch would allow
the canopy oftrc:es to be maintainr:d over finee teet high). No chang: in the: grade: of this lot will
be permitted. .
NOW rnE.~FORE, FOR AND rN CO
(S1.00) AND SUC-i: OTHER VAL
ACKNOWLEDGED AS RECEIVED BY AN
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'0"')f? dwelJinKor ven~prov Ey;' :~~:h as ~ b~~ng, shed, ;x(or te~o~)
, sh;JYbe 'e:r\,cy:d Wi~n f"entY\2~"\f eith ~~C abov;,#sc''i1(ed e'rents'y )( 1
6. Il shall be the responsibility of rl affected homeowner to notify FCC jn writing of
violations ofthesc restrictions. It shall be lh~ re ponsibility of FCC to enforce the restrictions upon
I
th~ property owner of Lot 17. !
I
8.
Agreement.
,
7. In the e.,ent that FCC dOC3 not i cl~de the above res~.ic~ions on the Deed of Lot 17
and in the Deed and COVCla.nt Restrictions of . ~owhead at Tusc:1'.lIil1~ or in the event FCC fails,
wiLhin fourteen (14) daY3 after due notific.atio a :violation, to bring the violation into compliance,
FCC and Jame:! R. Mikc:! shalI be jointly and s verally li2ble to pay the O'W!lcrs of each of Lots 2in
through 30 the :!urn of Five Thousand Dollars ( slooo.oO) a.s liquidated damages. ~
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Citizens shall have a. third p yl beneficiary right to rnforce the terms of thi~
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CITY OF WINTER SPRlNGS,
FLORIDA
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IN THE CIRCUIT COURT OF THE
EIGHTEENTII n.JDICIAL CIRCUIT IN AND
FOR SEWNOLE COUNTY, FLORIDA
CASE NO. 91-2244-CA-16-K
(..a.)
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FLORIDA COUNTRY CLUBS, INC.
a Florida corporation,
VS.
TIrE CITY OF WINTER SPRINGS, a
Florida municipal corporation,
Defendant.
I
NOTICE OF VOLUNTARY DISM1SSAL \VITH PREJUDICE
COMES NOW the Plaintiff, FLORIDA COUNTRY CLTJBS, INC., by and through its
undersigned counsel, hereby voluntary gives notice of the dismisszl~iS ~use with prejudice.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been
furnished by U..S. Mail this 21th day of April, 1994, to all parJes of record.
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P.ECORDED &. 'o/ERIFtEiJ'
903590
96 OCT 22 AM 8: 09
SECOND AMENDMENT TO SETTLEMENT AGREEMENT
THIS SECOND AMENDMENT TO SETTLEMENT AGREEMENT (the "Second
Amendment"), is made and entered into this _.:y.../i7 day of '.. (~ /~;-f->J'! /;/i/- ~ 19~ by and w
between FLORIDA COUNTRY CLUBS, INC., a Florida cof-poration ("FCCI") and THE CIffiY -
OF WINTER SPRINGS, FLORIDA, a Florida municipal corporation (the "CITY"). ~.::-
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WHEREAS, on or about May 5, 1992 the CITY and FCCI did reach the terms ofa settle~nt~
through mediation of Case No. 91-2244-CAC, FCCI v. CITY in the Circuit Court for Sem~lec.n
County, Florida (the "Court"); and .::-
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.J fHEREAS, on or about.June 16, 1993, FCCI and the CITY did execute al~d enter into ;:hat
certain :;ettlement Agreement (the "Settlement Agreement"), now on file with tht. Court; and
WHEREAS, the Settlement Agreement was intended by the parties to memorialize the issues
resolved by the parties in their mediation conference (the "Mediation"), and was intended by the
parties to be binding upon each of them in order to settle the pending litigation; and
WHEREAS, the parties entered into an Amendment to Settlement Agreement No. 1 (the
"First Amendment") on April 14, 1994, now on file with the Court amending the Settlement
Agreement; and
..
WHEREAS, FCCI and the CITY have determined that it is in their mutual best interest to
clarify certain of the terms of the settlement contained in the Mediation Settlement Agreement and
the First Amendment based upon the representations of FCC I to the City at its City Commission
meetings on May 8, 1995 and July 24, 1995, that are incorporated herein by refen~nce.
1'.TOW, THEREFORE, in consideration of the recitals and other good and valuable
conside"ltion, FCCI and the CITY agree to modify and clarify the meqiated settlement ofMe:y 5,
1992, th:: Settlement Agreement and the First Amendment as follows:
L The parties acknowledge and agree that the Seltfement Agreement as amended by the
First Amendment and this Second Amendment is valid and binding upon the parties, e:-::cept as
specifically modified herein. The parties agree that they have been fully informed of all matters
relating to the mediation, the Settlement Agreement as amended by the First Amendment and this
Second Amendment, and intend to be bound by this Second Amendment.
2. Paragraph 2(b) of the First Amendment is hereby deemed to be replaced and
substituted by the following:
"(b) FCCI has not as yet completed the preliminary engineering for the lots
depicted on the Conceptual Plans for Parcels 7 and 8. Parcels 7 and 8 are
those described more fully in Exhibit "A" attached hereto nnd incorporated
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herein. FCCI may increase the number and/or reduce the size of lots located
in Parcels 7 and 8 (the parcel bounded by the 10th fairway. 18th fairway and
Howell Branch Creek). Subject to approval of the preliminary and iinal
engineering plans and plats. FCCI shall be permitted to develop not more than
nineteen (19) lots on Parcel 7 and forty-six (46) lots on Parcel 8. provi5!ed~
said lots can be developed in accord with applicable City Codes, and ~te.c-
and/or Federal laws or regulations. The City shall promptly process, re~\lP"'
and present to the City Commission for its approval or disapproval ~ch
modifications to the Conceptual Plans (as well as preliminary and ~al
engineering and plats) for each of such parcels as and w!len submittclPbe
FCCI. As provided in the Settlement Agreement, the ter:n "Develop~n~
Property" shall hereafter be deemed to include the following: (a) the landc.n
lying north of the ninth green directly east of the parcel commonly known as
the "Hooker Parcel" adjacent to the country club clubhouse and parking lot;
and (b) the parcel bounded by t~e 10th fairway, 18th fairway and Howell
Branch Creek. Each of these areas may be used in conjunction with the
development of single-family uses and not be required to be maintained as
"Golf Property".
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3. The approximate one hundred feet (100') ofland lying adjacent to the 2nd through the
4th holes of the Club and the property commonly known as "Woodstream" shall be part of
Woodstream Unit 2 Development and shall be considered "Development Property".
4. All other terms'of the Settlement Agreement and the First Amendment not modified
herein shall remain in full force and effect.
IN WITNESS WHEREOF, FCCI and the CITY have executed this Second Amendment as
of '- r.;~,d?~~~?O . 1996. . .
FLORIDA COUNTR~CL' 5, INC.,
a Flori orporatiop.. U #"':
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Witnesses:
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Witnesses:
THE
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Exhibit "Au
Parcel "7"
Exhibit "Au
Parcel "8"
That Part of I '5 5, 6, -7, and 8, THE EAST PART OF '7HILlP R. YONGE GRANT - SOUTH
PART. as Recl Jd in Plat Book I, Page J8, of the I ~/ic Records of SEMINOLE
County. Florida, lying in Section 7, Township 21 South, Range Jl East, Seminole
Coun ty, Florida and being more particularly described as follows:
Commence at the the most Southerly Corner of Lot 59, FOX GLEN A r CHELSEA PARC,
TUSCA WTLLA as Recorded in Plat Book 49, Pages 78 thru 82, of the Public Records
of Seminole' County, Florida; thence run N 6511'45" If, 105.09 feet along the Sou~rlyroo
line of Lots 59 and TRACT "A" of said FOX GLEN A T CHELSEA PARC, TUSCA W1C.@A, ror <e"'T1
Pt}int of Beginning' thence leaving said FOX GLEN A T CHELSEA PARC, TUSCA!, ~n ~~
N 87"21'25" W. 4,j0.66 feet; thence N 81'48'42" W. 624.9J feet; thence N 00 '2~E, ~
570,00 feet to the Southerly line of Winter Springs Boulevard; thence S 89'58 "E, ~
629.80 feet along said Southerly line of Winter Springs Boulevard to the point ~ ::0
curvature of. a curve concave Southerly having a Radius of 2292.44 feet, thenCA run ('Tl
Easterly 655.70 feet along the Arc of said curve, through a Central Angle of $2~" -'02
to the most Northerly corner of Lot J8, CHELSEA PARC AT TUSCA WTLLA PHAS4 r<<ord~
in Plat Soak 46, Pages 64 and 65 of the Public Records of r- U1 ~~~
Seminole County, Florida; thence leaving the Southerly right or way of Winter Spring!r\
Boulevard nm along the Westerly line of said CHELSEA PARK AT TUSCA WTLLA PHASE 1/
through the .fof/owing courses and distances: S 29'07'42" If, 14,49 feet: thence
5 17"37'28" E, 70.78 feet; thence S 36'07'55" W. 67.49 feet; thence tV 76"26'55" W.
72.69 feet; thence S 51'59'49" W. 77.50 feet; thence S 22"25'15" If, 148.00 feet to
the most Northerly Comer of Lot 13, CHELSEA PARC AT TUSCA WTLLA PHASE I, recorded
in Plat Book 45, Pages 82 and 83 of the Public Records of Seminole County, Florida;
thence leaving the Westerly line of said CHELSEA PARK AT TUSCAWTLLA PHASE f/ run
5 22"25'15" W. 128.24 feet along the Westerly line of Lots II, 12, and 13 of said
'CHELSEA PARC AT TUSCA WlLLA PHASE I; thence S 01'02'05" E, 20.29 feet along the Wester/.
line of said Lot 11 to the Northwest corner of Lot 60 of said FOX GLEN A T CHELSEA
PARC, TUSCAWlLLA,' thence S 01 '02'05" E, 94.59 feet along the Westerly line of Lot 60
and Tract "A" of said FOX GLEN AT CHELSEA PARC, TUSCAWTLLA to the point of curvature
of a' curve concave Northeasterly having a Radius of 55.84 feet, and a Central Angle
of 64 '09'40~ thence run Southeasterly 62.53 feet along the Arc of said curve, to the
P.;')int of Beginning.
C:Jntaining 701179.073 Square Feet =16.097 Acres more or less.
~~~
lat p of Lot 31 GARDEN A ~ARMS rec:Jrded ;n pt1it 800ic '5. ;;:'Jqes 2J a~o l4 ::t l~. PUOIlC Records of Seminole County,
orido ; Also thal port of Lots 5, 3, 9, 10 ana 11, THE EAST PART of PHIUP R.YONGE GRANT SQUlli PART recorded in PI.at 'Book 1,
1ge 38 of the Public Records of Seminole County, Florida 1,;ng in Saction 7, To~nship 21 South: Range 31 Ea~t, Seminole County,
orida and being more particularly described as follows: Begin at the Northeast comer of ARRO'M-iEAD AT TUSCA'MLLA - UNIT 2, os
corded in Plot Book 4<\, Pages 52" SJ and 54 of the Public Records of Seminole County, Florida, said corner also being the Northeast
lrner of Tract "C~ of said ARRO'M-iEAD AT TUSCAWlLLA - UNIT 2; thence S 00"OJ"1 r W, JJ5.2S feet along the most Easlerly line of
lid ARRO'M-iEAD AT TUSCAWlLlA. - UNIT 2 to 0 Point of Inlersectian on the Easterly line of Lot 17 of said ARROwt-JEAD AT TUSCAWlLLA - UI'-
thence S 42"31'59" W, 59.00 feet along the Southeasterly line of said Lot 17; thence leaving said Southeasterly line of Lot 17 run
71'54'32" E, 1€:J.52 feet; thence S 12"36'43' E, lJ8.02 feet; thence S 50.04'€l2" W, 207.02 feet; lhence S 39'57 ~6" W, 264.58
et; lhence S 61J'54'07~ W, 122.59 feet; thence S 8413'45" 'N, 412.16 feet; thence S 73"36'''" W, 258.36 feet to ,he Northeasterly
ght of Way line of Augusto Notional Boulevard, as recorded in COUNTRY CLUB "1LLAGE UNIT ONE, recorded in Plat Book 22, Pages 4, .
and 6 of the P'Jblic Records I)f Seminole County, Florida; thence S 54.09'23" E, 141.80 'feet along said Northeasterly Right of Way
Ie to a Point 01 Curvature of a curve concoved Southwesterly having a radius of 67.62. feet, and a Central Angle of 58.50'48",
,ence run Southeasterly 69.45 feet alar'g the arc of said curve to the Point of Tangency: thence S 04'41'25" W. 58.94 feet along said
ght 9f Way line: thence leaving said Easterly Right of Way line of Augusto Notional Boulevard run S 54"05'37" E, 90.06 feet OIO(\g
Ie Easterly line at said COUNTRY CLUB VILLAGE UNIT ONE; thence S 031'45'52" E. 392.79 feet along the Easterly line of said COUNTRY
.UB VILLAGE UNIT ONE to the most Easterly comer of said COUNTRY CLUB VILLAGE UNIT ONE, said most Easterly corner also being the
ost Northerly corner of Lot 170, COUNTRY CLUB VILLAGE UNIT THREE, recorded in Plot Book 25, Pages 33, 34, 35, 36 and 37 of the Public
~cords ot Seminole County, Florida; thence leaving said COUNTRY CLUB VILLAGE UNIT ONE, run S 31'45'52" E. 709.49 feet along the
:>rtheasterly line of said COUNTRY CLUB VILLAGE UNIT lliREE, said line also being the Westerly line of the 110.00 foot wide Florida
:>wer and light Company Easement recorded in Official Records Book 183, Page 130 of the Public Records of Seminole County, Florida:
'et;ce leaving said COUNTRY CLUB VILLAGE UNIT THREE continue S 31"45'52~ E, 416,14 feet alon51 said Westerly line of "0.00 foot
ide Florida Power and Light Company Easement; thence leaving said Westerly line run N 58'4'08 E, "0.00 feet to the Easterly line
, said 110.00 foot wide Easement, said line also being the Northwesterly line of Lot 173, GREENBRIAR SUBDIVISION PHASE 2,
~corded in Pial Book 40, Pages 42, 43 and 44 of the Public Records of Seminole County, Florida; thence N 31'45'52" W, 100.00 feet
on9 the Easterly line of said 110.00 foot wide Florida Power and Light Company Easement, said Easterly line also being the
orthwesterly line of said Lot 17J. t'o the approximate center line of Howell Creek; thence leaving said Easement run along the
>proximate cenler line of Howell Creek, said cenler line being the Northwesterly line of said GREENBRIAR SUBDIVISION PHASE 2, through
le following Courses and Distances:' N 55"4<\'42" E, 39.24 feet: N \J"57'OO" E, 100.44 feet: S 65"42'48" E, 53.92 feet; N 16"08'27" E,
1.62 feet; N 29"04'00" W, J4.04 feet; N 84"28'41" E, 93.38 feet; N 40'40'42. E, 61.28 feet; N 10'0'05" E, 55.13 feet:
81"28'i2" E. 6122 feet; N 02'38'26" W, 56.84 feet: N 31'48"9" E, 91.69 feet; N 28"09'35. W 65.08 feet. S 76'52"6" E,
~.79 feel; N 40:01'25" E, 3J.49 feet; N 40'43'04" W, 40.96 feet; N 07"08'54" E, 47.03 feet; S '50'0'05" E.' 90.81 feet;
0310'47" E. 47.0J feet; N 36"46'05- E, 64.25 feet to the most Northerly comer of Lot 110 of said GREENBRIAR <;UBOIVlSION PHASE 2;
lence leving said GREENBRIAR SUBDIVISION PHASE 2 continue along the approximate center line of Howell Creek thr.)ugh the following
ours!' .,d Distu,1ces: N :56'43'58" E, 89.62 feet; N 75'04'13" W. 64.48 feet; N 22'38'04" E, 49.01 feet: N 77"37':-~" E, 64.48 feet;
lenct. ving th~ approximate .:enter line of Howell Creek run N 06'12'45" W, 0339.79 feet: thence N 72"<<'55" W, :.0.00 feet:
lence S 3517'44' W, 320.00 feet; thence S 89'2'35" W. 300.00 feet; thence S 03"23'42" E, 316.42 feet; thence ..i 21"30'33" W.
).14 feet; thence S 55'26'41- W, 70.00 feet: thence N 80'58'54" W, 70.00 feet; thence N 18"02'14" W. 385.08 feet; thence N 03"'06'08" W.
:)1.99 feet; N 1310'37" E. 130,96 feet; thence N 41'35'59" E. 685.09 feet; thence N 39'48'11" W, 146.50 feet; thence N 22' 5'27" E.
J2.1 I feet; then:e N 13'0'27" W, 160.86 feet: thence, N "'49'03- E, 220.38 feet; thence N 29'57'02" W, 192.23 feet; thence N 28"27'54" W,
1.15 feet to the South Right of Way of Win ler Springs Boulevard; thence N 89"58'36" W, 149.00 feet along ,aid Sou tM Right of Way to the
"lint of Beoinnino.
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Date: August 13, 2007
The attached document was presented for the
Record by Ms. Mary Solik during the discussion
of Public Hearings Agenda Item "500.1" at the
August 13, 2007 City Commission Regular
Meeting.
16
"
LEE PALLARDY, INC.
Real Estate - Appraiser, Broker & Consultant
LEE PALLARDY, MAl (1892-1967)
LEE PALLARDY, JR., MAl (1920-1987)
LEE F. PALLARDY, III, MAl STATE CERT. GEN. REA 0000121
JAMIE M. MYERS, MAl STATE CERT. GEN. REA 0000221
JAMES M. TALLEY, JR., MAl, SRA STATE CERT. GEN. REA 0001649
DAVID M. TAULBEE, MAl STATE CERT. GEN. REA 0001435
609 E. JACKSON STREET, SUITE 200
TAMPA, FLORIDA 33602-4906
TELEPHONE (813) 221-3700
FAX (813) 223-4140
www.leepallardyinc.com
June 5, 2007
Ms. Amy Cochran and
Mr. Alan Ruiz
Vertex Development
405 South Dale Mabry Highway, Ste. 244
Tampa, Florida 33609
Re: A Telecommunication Tower Value Impact Study
3510 Webber Street
Sarasota, Florida
Sarasota County Parcel #0059-01-0010
Dear Ms. Cochran and Mr. Ruiz:
At your request, I performed a study to determine the impact, if any, of wireless communication
towers on nearby commercial and residential property values. I have prepared this report in
order to outline the purpose and scope of the study, the procedures followed, and my findings.
Executive Summary
The planned telecommunication tower installation is in proxllruty to office and retail
development situated in the southwest quadrant of Webber Street and Beneva Road. There is a
single-family residential subdivision to the southwest. Continuing east along Webber Road, the
neighborhood transitions into residential and to the east, along the Webber Road corridor, uses
are both commercial and residential.
Based on the studies I have performed and other information I have reviewed and analyzed, there
is no measurable impact on property values due to the proximity to a cellular or wireless
telecommunication tower. Studies include both commercial, which would include retail and
office developments and residential property, such as single-family dwellings. In summation,
the market evidence is clear and conclusive that there will be no measurable impact on
surrounding property values as a result of an installation of a telecommunication tower at 3510
Webber Road, Sarasota, Florida.
Purpose of Study
The purpose of this study was to determine whether the presence of a communication tower
installation economically impacts the value of nearby commercial and residential property.
4
Ms. Amy Cochran and
Mr. Alan Ruiz
Vertex Development
Page 2
June 5, 2007
Scope of Services
This scope of this assignment called for the identification of communication towers, from among
many potential locations in Sarasota County, as well as neighboring Manatee and Hillsborough
Counties, which were proximate to commercial and residential development. Similar studies
have been performed proximate primarily to residential housing. Tower installations focused on
for this study were proximate to commercial and residential development, including, but not
limited to professional offices and retail development. In both the residential and commercial
studies, installations were selected which had been in existence long enough to measure the
impact, if any, on nearby property values. In addition to incorporating study areas from Sarasota
County, I incorporated study areas from Manatee (Bradenton) and Hillsborough (Tampa)
Counties, all of which would be expected to clearly demonstrate an impact on value resulting
from a communication tower installation.
Following the selection of installations, I then analyzed sale, listing, and development activity
from the surrounding area to measure the impact, if any. The intent of this effort was to collect
information from areas exhibiting relatively homogenous uses so that the number of variables
other than proximity to the cellular communication tower could be easily identified and
quantified, leaving proximity to the cellular tower as the isolated variable. This information was
supplemented by interviews with property owners, developers, and real estate brokers.
It should be known that associates of Lee Pallardy, Inc. have completed similar studies involving
residential areas surrounding tower locations in Hillsborough, Pinellas, Marion, Pasco, Orange,
Sumter, and Lake Counties. In addition, professional real estate consultants from other areas of
the country who have performed similar studies were contacted. Synopses of these studies are
referenced in the Additional Investigations, Personal Contacts, and Analysis section of this
report, with documentation retained in the Lee Pallardy, Inc. files.
Procedures Followed
The first step in the process was a physical inspection of the planned communication tower
installation and surrounding development. The tower in question is to be located on a triangular-
configured parcel of land measuring 13,455:1: square feet, improved with a 1,116:1: square foot
masonry structure in use as Value Cleaners. The property is owned by Courtesy Cleaners, LLC.
The property is located on the south side of Webber Street, just west of Beneva Road. Adjacent
to the east is an office building occupied by Stewart Title and adjacent to that is an office/retail
strip center. At the southwest comer of Webber Street and Beneva Road there is a medical office
building occupied by Timothy C. Mercer. The intersection of Webber Street and Beneva Road is
a commercial node with all four (4) comers fully developed. To the south of the property there
is a residential subdivision known as Southgate. The property is zoned C-G, Commercial
General District by Sarasota County. According to information provided, Vertex Development
is proposing a 110-foot flagpole installation in which the communication antennas will be
located inside the pole as opposed to the more common monopole installation with exterior
Ms. Amy Cochran and
Mr. Alan Ruiz
Vertex Development
Page 3
June 5, 2007
arrays. In accordance with the survey provided, a ground lease will encompass 600 square feet
of the site on which the tower and equipment will be situated together with a 20' -wide ingress
and egress easement to Webber Street and a 10' -wide utility easement on the southeast boundary
of the site. The easements will encumber about 1,433 square feet.
The area surrounding the subject is best described as commercial, with residential to the south
Illd west. Extending beyond the surrounding commercial node and Webber Street commercial
Corridor, the neighborhood is primarily residential.
Over the past seven (7) plus years, I physically observed over 425 eXIstmg or planned
telecommunication tower installations in West Central Florida alone. Most individual test sites
were eliminated for reasons such as location and the lack of adequate sales data, both before and
after installation. These sites could not be utilized in this study. For this study, I have focused
primarily on installations in close proximity to commercial development, but I have also
included installations in close proximity to residential development including single-family
housing.
It should be noted that the installations in these study areas consisted of either a monopole tower,
self-supporter tower, or a stealth installation such as a flagpole. Recall, the subject proposed
installation is a flagpole with the communication antennas positioned inside the pole. I have also
surveyed sales which occurred proximate to a tower for comparison with sales distant from the
tower. The sales, whether it be commercial for this study or residential for other studies were
then confirmed with as many parties to the transaction as possible, including, but not limited to,
the public records, the listing real estate broker, buyer, or seller.
Over the years, 300+ sales have been identified as potential study properties. Of these, no less
than 50 residential sales and 20+ commercial sales have been confirmed to the degree necessary
to be relied upon for studies. In these studies, most of the towers existed prior to each sale,
which is expected in that market conditions do not necessarily warrant a "before" and "after"
comparison. Therefore, I analyzed sales focusing on the current time period both proximate and
distant from a tower installation to measure the potential impact from proximity. In all
confirmations, whether or not the tower was visible and/or in existence at the time of sale, the
confirming sources were asked to give their opinion as to the impact of the tower on the value of
the property and/or purchase decision.
Methodolo2V
To ascertain from actual market activity whether or not proximity to a cellular communication
tower impacts the value of commercial and residential property, I created matched comparisons
from the selected sales whereby the dissimilarities of the paired properties were kept as minimal
as possible. In so doing, other variable factors could be accounted for with few adjustments,
leaving the impact, if any, on the proximity to a cellular tower as the last variable to be
measured. I attempted to limit the comparison to those only involving the most similar pairs,
rather than simply attempting to generate a larger data set. Otherwise, the data set would have
been too large to effectively manage. I have found the analysis to be much more difficult when
.
Ms. Amy Cochran and
Mr. Alan Ruiz
Vertex Development
Page 4
June 5, 2007
analyzing the impact on commercial as opposed to residential property due to the varying
physical and locational characteristics.
To date, I have generated some 25 matched-pair examples that involved dwellings exhibiting
similar approximately the same number of bedrooms, garages, total rooms, etc. For commercial
property, the matched-pairs may be limitless, particularly considering the sales of office
buildings near or proximate a tower installation as compared to office buildings not impacted by
an installation. Therefore, rather than attempt to pair office buildings, retail buildings, or other
commercial buildings, I have chosen to analyze the study areas and discuss the impacts in a
narrative format.
Typically, the comparisons are formulated in three fashions. One type of comparison would
involve comparing the sale price of a residential or commercial property, prior to the installation
of a cellular communication tower and resale following installation of the tower. This is termed
a "before and after" comparison. The obvious difficulty is accurately quantifying the market
condition or adjustment for property appreciation rate. The second type of comparison involves
comparing commercial or residential property, which sold prior to the installation of a tower to
an otherwise similar property which sold subsequent to the installation of the tower within the
same potentially impacted neighborhood. The third type of comparison involves comparing
sales of commercial or residential property from which the tower is proximate or directly visible
to sales of property from which the tower is less visible or not visible. The third comparison
type is the most common, certainly for commercial property, and the one utilized in this study.
Supplementing these comparisons are conversations with impacted property owners, developers,
and real estate brokers.
Each study area or matched pair, which is associated with residential property, consists of a
"subject" or "impacted" sale property. The impacted property is proximate to a visible cellular
communication tower, and sold with the tower in place and a "non-impacted" sale. The "non-
impacted" sales either sold prior to the existence of the tower and involved parties having no
knowledge of an impending tower construction, or a property which is much farther from the
tower and from which there is no direct view. The pairings are selected so that variables such as
physical and locational characteristics are kept to a minimum. Obviously, this results in fewer
comparisons that would otherwise be possible in a residential impact survey. The credibility of
the pairings declines proportionate to the increase in the number of other adjustments needed to
isolate the communication tower variable.
In each case, the "non-impacted" property is adjusted for physical and location differences
including, but not necessarily limited to, land size and floor area ratio, building size, building age
and condition, quality of construction, etc. The basis for adjustments are the same that would be
made for typical residential or commercial appraisals. All other adjustments are made
exclusively on the basis of supporting market evidence, and not simply to adjust the "non-
impacted" property to the "impacted" property value. For example, an adjustment for lot size is
based on the relative lot values in the respective neighborhood, while the adjustment for building
size or gross living area are typical for houses with the same style and quality. The remaining
difference between the adjusted, "non-impacted" property and the "impacted" property could
Ms. Amy Cochran and
Mr. Alan Ruiz
Vertex Development
Page 5
June 5, 2007
only be attributed to the remaining variable; i.e., proximity to an existing cellular communication
tower.
If, after adjustments, the "impacted" property values are consistently the same as or exceed the
"non-impacted" property values, this would support the contention that cellular communication
towers have no negative impact on commercial property values due to proximity to a tower. If
the opposite were indicated, market evidence would suggest that cellular communication towers
negatively impact property values. To-date, I have found no evidence to suggest that a cellular
communication tower installation negatively impacts surrounding residential or commercial
property values.
Analvsis of Sales
The following table summarizes the 25 residential matched-pairs that were created from the data
set. Retained in the appraisal file are excerpts from Fannie Mae Residential Appraisal Forms
outlining the details of each matched comparison. The table on the following page depicts the
adjusted price of the "non-impacted" property and the unadjusted price of the "impacted"
property, with the resulting differential expressed as a positive or negative percentage. A zero or
positive percentage indicates that proximity to a cellular tower had no impact or a positive or no
impact on value and a negative percentage, expressed in parenthesis, indicates that proximity to a
cellular tower possibly had a negative impact on value.
Ms. Amy Cochran and Page 6 June 5, 2007
Mr. Alan Ruiz
Vertex Development
Matched Pair Summary
Pair Adjusted Non- Unadjusted Impacted Property Percentage
Impacted Property Sale Price Distance from Tower Difference
1 (A-2) $ 81,000 (A-I) $ 83,100 <300' 0.00%
2 (A-4) $102,000 (A-3) $102,000 <300' 0.00%
3 (A-5) $ 97,500 (A-3) $102,000 <300' 4.62%
4 (A-6) $ 97,000 (A-3) $102,000 <300' 5.15 %
5 (A-8) $111,000 (A-7) $109,900 <350' (0.99 %)
6 (A-9) $111,900 (A-7) $109,900 <350' (1.79 %)
7 (B-2) $128,400 (B-1) $128,500 <350' .08%
8 (B-4) $143,900 (B-3) $143,000 <350' (0.63 %)
9 (C-6) $ 160,000 (C-l) $ 162,300 N/A 1.44%
10 (C-3) $ 138,500 (C-2) $ 139,400 <400' 0.65%
11 (C-5) $ 180,100 (C-4) $ 179,600 <500' (0.28%)
12 (C-8) $ 270,000 (C-7) $ 275,100 <600' 1.89%
13 (C-I0) $ 145,900 (C-9) $ 142,300 <50' (2.47%)
14 (D-l) $120,000 (D-2) $120,000 <800' 0.00%
15 (D-3) $109,900 (D-4) $109,900 <700' 0.00%
16 (E-2) $115,000 (E-l) $115,000 <850' 0.00%
17 (E-4) $86,400 (E-3) $88,000 <150' 1.85%
18 (F-2) $242,000 (F-l) $242,000 <200' 0.00%
19 (F-4) $249,000 (F-3) $249,000 <200' 0.00%
20 (F-5) $185,000 (F-6) $185,000 <225' 0.00%
21 (F-8) $402,000 (F-7) $402,000 <300' 0.00%
22 (F-9) $385,000 (F-7) $402,000 <300' 1.23%
23 (F-I0) $406,900 (F-7) $402,000 <300' (1.22%)
24 (G-2) $105,000 (G-l) $114,000 <500' 8.57%
25 (G-3) $111,000 (G-l) $114,000 <500' 2.7%
Average 0.832%
Ms. Amy Cochran and
Mr. Alan Ruiz
Vertex Development
Page 7
June 5, 2007
After adjustments for other factors, the final percentage differential indicated in the table
represents the impact, if any, of proximity to a cellular communication tower. The data was not
perfect, but these comparisons were of homes that were particularly similar since each matched
pair comparison was within the same subdivision. It is obvious from the magnitude of the
remaining adjustments or percentage difference that there is no material impact in either
direction. The overall average percentage adjustment among the 25 comparisons was a mere
0.832%. The results were that the remaining adjustment was zero in nine (9) comparisons,
negative in six (6) comparisons and positive in 10 comparisons. As previously stated, a zero or
positive comparison or percentage indicates that proximity to a cellular communication tower
had no impact on value. Although individual preferences obviously may vary, there was no
evidence from actual market data that would support the contention that property values are
diminished as a result of a cellular communication tower installation near residential homes.
Additional Investi2ations. Personal Contacts. and Analvsis
In Hillsborough County, there are three commercial areas among many, which are significant
and relevant to this study.
The first study area is a 200' -monopole installation situated on the west side of Dakota A venue
between West Platt and West Cleveland Streets in the Hyde Park district of Tampa. The tower
was constructed in 1985, and the property is owned by Crown Castle. Adjacent to the south of
the installation are two, 2,400= square foot, single-story professional office buildings which were
constructed in 1998 and 2000, respectively. The office building at 1611 West Platt Street was
constructed in 1998. The building sold in May 2004 for $480,000. The building at 1601 West
Platt Street was constructed in 2000 and originally sold for $340,000. According to the buyer,
Ed Sutton, he was familiar with the cellular communication tower installation, but it had no
impact on his purchase decision or price paid.
A photograph of the building at 1611 West Platt Street with the tower installation behind
follows.
Ms. Amy Cochran and
Mr. Alan Ruiz
Vertex Development
Page 8
June 5, 2007
More, if not equally compelling are several sales nearby. Adjacent to the northwest of the
installation is a former printing shop which was acquired by Tom Azzarelli in October 2001 for
$1,325,000. Mr. Azzarelli gutted the 26,300:l: square foot building and renovated it into
professional office space. The building was resold in May 2004 to an investor. At the time of
acquisition, Mr. Azzarelli was familiar with the cellular communication tower and it had no
impact on his purchase decision, redevelopment decision, investment in the property, nor rental
rates.
A photograph of the property with the tower installation follows.
Ms. Amy Cochran and
Mr. Alan Ruiz
Vertex Development
Page 9
June 5, 2007
Less than 200 feet northeast of the installation, at the southeast comer of South Dakota Avenue
and West Cleveland Street is a 6,600 square foot, two-story professional office building which
sold in September 2005 for $1,600,000 or $242.42 per square foot, which at the time, established
the upper end of office values in the neighborhood. Obviously, the tower installation had no
impact on the sale or purchase price of this property.
A photograph of the building with the tower installation follows.
Ms. Amy Cochran and
Mr. Alan Ruiz
Vertex Development
Page 10
June 5, 2007
"
The second Tampa study area surrounds a 120' monopole tower installation situated on the west
side of Casey Road, just north of Ehrlich Road, in north Tampa. The installation is behind a
former single-family residential dwelling, which has been converted to an office use by Lyric
Realty Group, a real estate brokerage firm. The structure was constructed in 1962. Lyric Realty
Group, Inc. purchased the property in September 1993 and the tower was reportedly installed in
200112002. During the development of this report, the owners could not be located, but it is safe
to assume that the owners, who are also real estate brokers, are not concerned a potential
negative impact on the value of the property.
A photograph of the building with the tower installation follows.
Ms. Amy Cochran and
Mr. Alan Ruiz
Vertex Development
Page 11
June 5, 2007
Adjacent to the north is a 4-unit office building which was constructed in 2002, shortly after the
tower installation. According to the project developer, Tom Boyer, the tower installation had no
impact on the land acquisition nor office development. Recently, Mr. Boyer converted the
project into four, 2,025::1: square foot office condominiums, which sold for $325,000 or $160.49
to $335,000 or $165.43 per square foot. According to Mr. Boyer, the tower installation had no
impact on the condominium conversion, or sale prices. Throughout Tampa, free-standing office
condominiums have been selling in the range of $150.00 to $200.00 per square foot. An office
project developed in 2002 in this location would sell for no more than the prices indicated.
The photograph of the office condominiums with the nearby tower installation follows.
Ms. Amy Cochran and
Mr. Alan Ruiz
Vertex Development
Page 12
June 5, 2007
The third Tampa study area surrounds a 130' monopole tower installation situated at 3640 South
Westshore Boulevard; at the southeast corner of South Westshore Boulevard and West
Kensington Avenue. Across the street from the tower at 3633 South Westshore Boulevard 1.
Caggiano (All About Pavers) purchased an 800 square foot building for $250,000 or $312.50 per
square foot in July 2006 and the tower had no impact whatsoever on the purchase. To the south
of that, CDB's Southside, a restaurant, purchased two adjoining properties in November 2006 for
$1,450,000. According to Pat Icovella, owner of CDB's, the tower had no impact on the
decision to purchase the property nor in the operation of the popular Italian restaurant. Based on
the Hillsborough County Public Records, the building consists of 5,812 square feet, so at a
purchase price of $1,450,000 the sale equates to $349.48 per square foot. To the south of
CDB's, at the northwest corner of South Westshore Boulevard and South Euclid Avenue, Jopico,
LLC purchased two buildings for a combined $1,670,000, or $409.61 per square foot in February
2007.
The photograph of the tower installation is followed by a photograph of the commercial sales.
Ms. Amy Cochran and
Mr. Alan Ruiz
Vertex Development
Page 13
130' monopole tower- 3640 South Westshore Boulevard: Tampa
3633 South Westshore Boulevard - opposite the 130' monopole tower
June 5, 2007
Ms. Amy Cochran and
Mr. Alan Ruiz
Vertex Development
Page 14
CDB's Italian restaurant - opposite the 130' monopole tower
June 5, 2007
Ms. Amy Cochran and
Mr. Alan Ruiz
Vertex Development
Page 15
June 5, 2007
In Sarasota, I inspected 20+ tower installations, focusing on the following study areas.
In the northeast quadrant of South Beneva Road and Bahia Vista Street is a 187' self-supporting
(lattice) cellular communication tower situated to the rear (east) of the Palm Grove Mennonite
Church and private school. The property address is 111 South Beneva Road. According to the
tower owner, Ron Crider, the tower was constructed in 2001 and replaced a 140' radio tower.
The installation was opposed by the property owner to the north, Dr. John M. Steele, who owns
and occupies the Intercoastal Medical Group professional offices. Dr. Steele owns
approximately 36,000 square feet of space of which only 1,000 square feet of space is vacant
with an asking rent of $18.50 per square foot on a triple net basis. With only 3% vacancy, it is
reasonable to assume that the tower installation has had no measurable impact on the
marketability or value of the property.
Adjacent to the southeast is the Troyer Dutch Heritage Restaurant and Banquet Bakery at 3713
Bahia Vista Street. Mr. David Troyer, owner, represents that the tower has had no impact on his
property use, value, or marketability and was in support of the installation in 2001. In fact, Mr.
Troyer allowed the tower company to locate power and telephone lines through a portion of the
restaurant parking lot free of charge. David Troyer also owns a two-tenant office/retail building
just south of the tower and reports that the installation has had no impact on the use, rents,
marketability, or value of the property.
A photograph of the tower follows.
Ms. Amy Cochran and
Mr. Alan Ruiz
Vertex Development
Page 16
June 5, 2007
At the southwest comer of Princeton Street and North East Avenue, which is east of North
Washington Boulevard and north of Fruitville Road within the city limits of Sarasota is a 150'
self-supporting (lattice) Cingular telecommunications tower. Opposite the site, at the northwest
comer, is a 5,25~ square foot, vacant commercial-zoned lot, which sold in August 2004 for
$58,500. According to the buyer, Steve Olajos of Pith Development, the tower installation was
given no consideration on the purchase decision, and will not impact the surrounding property
values. Mr. Olajos has no defmitive development plans, though he is considering a 1 ,40~
square foot light industrial building or pursuing the possibility of leasing the site to a tower
company.
Just south of the installation, Marie Mullaney purchased an aging single-family dwelling, which
has been in a commercial use for several years for $300,000. Prior to this, the property sold in
May 2005 for $160,000. Ms. Mullaney is in the process of renovating the building as an
investment. The tower had no impact whatsoever on the purchase decision or price paid. Just
south of the tower, at the southwest comer of North East Avenue and Cornell Street is a two-
story professional office building which was purchased by David Marrs in March 2003 for
$577,500.
A photograph of the tower follows.
Ms. Amy Cochran and
Mr. Alan Ruiz
Vertex Development
Page 17
June 5, 2007
At 4141 South Tamiami Trail is the Chili's Plaza, an "L"-configured retail strip center with a
free-standing Chili's restaurant. According to the landlord/owner, Milford Inganmort, the 120'
monopole telecommunication tower, positioned to the east of the strip center, has had no impact
on leasing activity, rental rates, or marketability of the center. One tenant, Sprint, had limited to
no cellular service for customers, until co-locating on the tower. Mr. Inganmort believes the
value added by the tower enhanced the marketability of the center. Mr. Inganmort, an investor
and commercial real estate owner, stated tower installations have no impact on surrounding
commercial property values.
A photograph of the tower follows.
Ms. Amy Cochran and
Mr. Alan Ruiz
Vertex Development
Page 18
June 5, 2007
Additional Investi2ations. Personal Contacts. and Analvsis
Clearly, the matched-pairs derived from the sales study shows that there is no measurable impact
on property values because of proximity to a cellular communication tower. Also, the
commercial study areas reveal that a cellular communication tower installation has no impact on
surrounding commercial property values. In addition to specific market data, I interviewed
brokers and property owners during the confirmation process. Another prominent supplement to
the study were interviews I had with the Sarasota, Pinellas, Hillsborough, and Pasco County
Property Appraiser Offices. Sarasota County Property Appraiser, Jim Ashburn, verified that no
adjustments downward or otherwise had been made to a property assessment because of
proximity to a cellular communication tower installation. Likewise, Pinellas County Assistant
Directors of Residential Real Estate, Denise Ruper and Christie Alderman, both verified that no
adjustments downward or otherwise have been made to a property assessment because of
proximity to a cellular communication tower installation. Also, during an inspection of a
residential subdivision proximate commercial development in Pinellas County, I interviewed
Mark Manion with the Pinellas County Property Appraiser's Office who represented that cellular
communication tower installations have had no impact on property assessments in Pinellas
County. Finally, Jack Flannigan of the Hillsborough County Property Appraiser's Office and
Janet Wollin of the Pasco County Property Appraiser's Office advised that no adjustment,
downward or otherwise have been made to a property assessment because of proximity to a
cellular communication tower. The Property Appraisers surveyed represents that there is no
market data to support an assessment reduction.
One particular study area, which was a residential home is an example which I believe is worthy
of consideration in this study. The homeowner of the property at 1481 Falcon Crest Boulevard,
within the Pines of Wekiva Subdivision in Apopka lives within 50 feet of a 200-foot monopole
cellular communication tower. This house is in closest proximity to any cellular tower I have
ever witnessed. The owner, Walter Blair, informed me that the location of the tower, which
existed prior to his purchase of the property, in no way impacted his purchase decision or the
price paid. In fact, Mr. Blair was more concerned with a couple of mobile home trailers to the
northeast, at a much further distance from his property than the tower itself. This, in my opinion,
is one of the best cases as evidence that proximity to a cellular communication tower has no
measurable impact on property values.
Another compelling study area is the Bell-Mar Subdivision on the east side of South Westshore
Boulevard in southwest Tampa. In 2004, a 130' -high monopole cellular communication tower
was installed after being vehemently opposed by surrounding residents. The tower is actually
situated behind a commercial building fronting Westshore Boulevard and adjacent to the west of
single-family dwellings. After several hearings, Tampa City Council approved the tower.
Adjacent to the east, at 4701 Kensington Avenue, less than 300 feet from the tower, is a 1,280:1:
square foot single-family dwelling on a 61' x 110' lot. In April 2004, just prior to the
installation, the property was purchased by Julie Curtiss for $177,000. In September 2005, the
property was sold to Barnett Executive Homes, LLC for $250,000. It is my understanding that
the buyer will ultimately redevelop the lot with a new single-family dwelling. At 4716
Kensington Street, less than 100 feet east of the tower, Deborah Toress purchased a vacant lot for
Ms. Amy Cochran and
Mr. Alan Ruiz
Vertex Development
Page 19
June 5, 2007
$235,000. Ms. Toress is planning to construct, on a speculative basis, a 3,300 to 3,700 square
foot single-family dwelling with an asking price of $850,000. The lot was originally under
contract for $145,000, but the buyer assigned the contract to another buyer for $170,000 which in
turn "flipped" the property to Ms. Toress for $235,000. Ms Toress had no knowledge of the
tower or simply missed it and believes it will have no impact on the resale of the property.
These, together with other sale and resales proximate the tower clearly demonstrate that the
installation, which is improved with five (5) arrays, has no negative impact on surrounding
residential property values nor commercial property values.
Stacy Frank, a local attorney and real estate developer acquired a 6,000 square foot officelretail
strip center at 3841 West Kennedy Boulevard in Tampa. The property was acquired in August
2005 for $1,314,000. The building was in average to above average condition at the time of sale
but the interior finish was "dated". Ms. Frank has renovated the interior and exterior of the
building for speculative leasing. Also, Ms. Frank rezoned the property for the installation of a
130' flagpole communication tower installation. The rezoning was approved with no
neighborhood opposition even though there are commercial buildings adjacent to the east and
west and single-family residential dwellings adjacent to the north. Ms. Frank has successfully
leased the building at a rate of $30.00 per square foot, which is at the upper end of the rental
market along Kennedy Boulevard in Tampa. Obviously, the installation has had no negative
impact on the use of the property, by virtue of the tenancy, and in fact, has significantly
enhanced the property value. Ms. Frank also represents that there has been no neighborhood
opposition since the tower installation and investigations conducted by her, during the rezoning,
revealed that tower installations have no impact on surrounding residential or commercial
property values. A photograph of the tower installation follows:
Ms. Amy Cochran and
Mr. Alan Ruiz
Vertex Development
Page 20
June 5, 2007
As mentioned, Lee Pallardy, Inc. has performed specific location studies in Hillsborough,
Pinellas, Marion, Pasco, Orange, Sumter, and Lake Counties. The market evidence in each study
was clear and consistent, and indicated that there is no discernible impact on the market value of
properties as a result of proximity to a cellular communication tower. Also, during the
preparation of earlier studies, this office contacted professional appraisers from around the
country who had performed similar studies. I also contacted the Lum Library of the Appraisal
Institute in Chicago, Illinois to inquire as to whether or not they had any similar studies on file.
From the Lum Library, I was faxed a study prepared by Allen G. Dorin, Jr., MAl, SRA and
Joseph W. Smith, III which appeared in the March/April 1999 Right-of-Way periodical. The
methodology employed by Messrs. Dorin and Smith indicated that the presence of
communication towers resulted in essentially no impact on property values.
In the files of Lee Pallardy, Inc. I have retained a synopsis of the Federal Focus National
Symposium on Wireless Transmission Base Station Facilities. This symposium was presented by
Federal Focus, Inc. of Washington, D.C. and funded by Wireless Technology Research, LLC.
Federal Focus, Inc. is a non-profit educational organization. This symposium included speakers
discussing on a number of topics, including scientific evidence regarding impacts on health,
interference with nearby electronic devices, zoning issues, the structural integrity of cellular
towers, and the impact on property values. The symposium included both real estate appraisers
who had performed specific value studies and also tax assessors, who ascribe value to properties
for ad valorem taxation. The appraisers at the symposium presented the results of the studies,
which showed no impact on property value, and the assessors indicated that they had never
lowered assessments on property due to proximity to a tower.
In several of the market areas studied, there has been neighborhood opposition to a cellular
communication tower installation. Neighborhood opposition is a typical reaction to change and
oftentimes nearby property owners are concerned about a potentially negative impact resulting
from a tower installation. However, the market evidence is clear, and based on a very objective
market study; no adverse impact resulting from a cellular communication tower installation can
be supported by market sales.
Ms. Amy Cochran and
Mr. Alan Ruiz
Vertex Development
Page 21
June 5, 2007
Conclusion
In summation, the studies I have performed and other information I have reviewed and analyzed
have led me to the conclusion that there is no measurable impact on commercial or residential
property values because of proximity to a cellular communication tower. As more towers are
installed, the sampling of matched comparisons will increase, and I suspect that the evidence will
be even more overwhelming in the future. However, the market data is sufficient and the
comparison results are clearly consistent to support the fact that there has not been a discernible
impact based on actual market evidence. All evidence examined, including numerous studies
from around the country and interviews with West Coast Florida property appraisers support this
conclusion.
Sincerely,
LEE PALLARDY, INC.
-~~
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David M. Taulbee, MAl
Vice President
State Certified General Real Estate Appraiser RZ1435
DMT:jw
Our File #07-05-072
ADDENDA
OUALIFICA nONS OF APPRAISER
DAVID M. TAULBEE, MAl
1987 - University of Florida - Bachelor of Science, Business Administration
1983 - Lake Howell High School, Winter Park, Florida
Employment History: Lee Pallardy, Inc., Tampa, Florida, March 2000 to Present, Vice President
Lee Pallardy, Inc., Tampa, Florida, April 1995 to
February, 2000, Senior Appraiser
Keystone Consulting Group, Inc., Tampa, Florida, from
May 1992 to April 1995, Senior Consultant and
Manager
RIB Marketing Consultants, Inc., Tampa, Florida, from
September 1987 to May 1992, Associate Appraiser
Andrew Santangini, Jr., MAl, Gainesville, Florida from
January 1986 to April 1986, College Internship
Analysis and appraisal of residential, commercial, industrial and special purpose
properties, including golf courses and country clubs, marinas, subdivisions,
multifamily developments, adult living facilities, shopping centers, office
buildings, warehouses, mill buildings, and vacant land. Experience also
includes discounted cash flow analysis, leasehold and leased fee interests,
highest and best use studies, investment analysis, and other similar assignments.
Education Completed: Appraisal Institute Courses:
Course lA-l - Principles of Real Estate Appraisal, by Exam
Course IB-A - Capitalization Theory and Techniques Part A
Course lA-2 - Basic Valuation Procedures, by Exam
Course 2-1 - Case Studies in Real Estate Valuation
Course 2-3 - Standards of Professional Practice
Course IB-B - Capitalization Theory and Techniques Part B
Course 2-2 - Report Writing and Valuation Analysis
Course 411 - Land Valuation Assignments
Course ACE #0007086 - Rates & Ratios
Course 550 - Advanced Applications
Course 2-2 - Report Writing and Valuation Analysis
Course 400 - Standards and Ethics for Professionals
The Emerging Market: Valuation for Financial Reporting Purposes
Appraiser's Complete Review
Comprehensive Examination (February, 1996)
Course 720 - Condemnation Appraising Advanced Topics (August, 2000)
Experience:
Continuing Education and Seminars:
Florida State Law Update for Appraisers (February 2004)
USP AP Update - Standards and Ethics for Professionals (November 2003)
Mark-to-Market Valuation for Financial Reporting (September 2003)
Rates and Ratios (September 2003)
Land Valuation Assignments (February 2003)
Analyzing Commercial Lease Clauses (November 2002)
Core Law, USP AP Review (November 2002)
QUALIFICATIONS OF APPRAISER
DAVID M. TAULBEE. MAl
(Continued)
Continuing Education and Seminars: (Continued)
Government & Public Relations Chapter Forum (November 2002)
Standards of Professional Practice, Part C (October 2002)
How to Evaluate the Ugly House (September 2002)
Creative Cost Techniques for Residential Appraisers (September 2002)
Attacking & Defending an Appraisal in Litigation (June, 2000)
Condemnation Appraising Advanced Topics & Applications. (September 2000)
Professional Standards USP AP Update Core Law (September 2000)
Leadership Development & Advisory Council (March 2000)
FHA and the Appraisal Process (October 1999)
The Good, the Bad & the Board (February 1999)
Understanding and Using DCF's (November 1998)
Valuation of Detrimental Conditions (October 1998)
Florida Condemnation Valuation & Appraiser Liability (September 1997)
Expert Witness: Qualified - Pinellas County Courts; Federal Bankruptcy Court
Licenses, Affiliations, and Appointments:
Member, Appraisal Institute (MAl)
Region X Representative - West Coast Florida Chapter - Appraisal Institute -
(2000/2001)
President - West Coast Florida Chapter - Appraisal Institute - 2006
Secretary - West Coast Florida Chapter - Appraisal Institute - 2005
Treasurer - West Coast Florida Chapter - Appraisal Institute - 2004
Real Estate Broker - State of Florida
State-Certified General Real Estate Appraiser #0001435
Real Estate Investment Council (REIC)
University of Florida - Real Estate Round Table
Leadership Development & Advisory Council (Appraisal Institute) 2000 - 200 I
Washington D.C.
Clients
AmSouth Bank
Benderson Development
Central Bank of Tampa
City of Tampa Real Estate Department
Department of Environmental Protection
First Commercial Bank of Tampa
First Union Capital Markets Group-CREF
Florida Power Corporation
Foley & Lardner
Fowler, White
Hillsborough County Real Estate Department
Huntington National Bank
Mercantile Bank
Bank of America fi'k/a NationsBank
Platinum Bank
Shoptaw James
SouthTrust Bank
Southwest Florida Water Management District
The Bank of Tampa
Summary of Clients and Property Types Appraised
Prooerty Types
All types of vacant land
Anchored Shopping Centers
Apartment Complexes
Churches
Daycare Facilities
Golf Courses
Mini-Storage Facilities
Restaurants
Retail Centers
Service Centers
Single-Tenant & Multi-Tenant Office Buildings
Subdivisions
Warehouse Facilities
Subject Photographs
Date Taken: May 29, 2007
Taken By: David M. Taulbee, MAl
Photographs of Subiect
Property looking southeast from Webber Street
Property looking southwest from Webber Street
Photographs of Subiect
(Continued)
Subiect property looking easterly
Date: August 13,2007
The attached document was referenced during
the discussion of Public Hearings Agenda Item
"500.1" at the August 13, 2007 City
Commission Regular Meeting.
17
Date: August 13, 2007
The attached document was referenced during
the discussion of Public Hearings Agenda Item
"500.1" at the August 13, 2007 City
Commission Regular Meeting.
19
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RDC GOLF GROUP, INC,
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SECQ~ AMENDMENT TO SETfLEMENT AGREEMENT
THIS SECOND AMENDMENT TO I SETTLEMENT AGREEMENT (the "Sc:c..,nd
Amendment"). is made and entered into this ~''f1' day of .,.. ~ ,')/-4-'",.., j,~v ......J 1991. by and c...J
between n.ORmA COUNTRY CLUBS, INC., a Florida corporation eFCCI") ll1d THE CDY -
OF WINTER 'SPRINGS, FLORIDA, a Florida municipal corporation (the "CITY"), :2 .z:-
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WITNESSETH ~
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WHEREAS, on or about May 5, 1992 the CITY and FCCI did reach the teans of a seUle~nt~
through mediation of Case No. 91-2244-CAC, FCCI v. CITY in the Circuit Court for Sem~lec.n
County. Florida (the "Coun"); and c-
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'J IHEREAS, on or about June 16, 1993. FCCI and the CITY did e.~ecute al,d enter into -.:hat
cenain :;~ttlement Agreement (the "Settlement Agreement"). now on file with tht. COUrt; and
WHEREAS, the Settlement Agreement was intended by the panics to memorialize the is.me!
resolved by the parties in their mediation conference (the "MediationH); and was intended b}' the
parties to be binding upon each of them in order to settle the pending litigation; and
WHEREAS, the panies entered into an Amendment to Settlement Agreement No.1 (the
"First Amendment") on April 14. 1994. now on file with the Court amendin~ the Settlement
Agreement; and
WHEREAS, FCCI and the CITY have detennined that it is in their mutual best interest to
clarify certain' of the terms of the settlement contained in the Mediation Settlement Agreement and
the First Amendment based upon the representations of FCCI LO the City at its City Commission
meetings on May 8. 1995 and July 24. 1995, that are incorporated herein by referr:nce. -
-==---- ..
NOW, THEREFORE, in consideration of the recitals and other good and valuable
conside.'llion, FCCI and the CITY agree to modifY and clarify the meqiated seHlcment ofMtJ 5,
1992, t~ r; S~t~!e:r.e:':: A~~m=-'1t and the F:rn A....nendment !$ follows; ", ------
---' - ~_.
1. The panies acknowledge and agree that the S~ttlement Agreement as amended by the
First Amendment and this Second Amendment is valid and binding upon t~e p!ni:~. e~cept as
specifically modified herein. The panics agree that they have been fully informed of all matters
relating to the mediation, the Settlement Agreement as amended by the First Amendment and this
Second Amendment, and intend to be bound by this Second Amendment.
2, Paragraph 2(b) of the First Amendment is hereby deemed to "Ie replaced and
substituted by the following:
" (b) FCCI ~~~,J1~t ~s y~t co~pl~ted the preliminary"_~~gj.ne~.ring for the lots
depicted on the Conceptual Plans-for Parcels 7 and 8. Parcels 7 and 8 are
!i!~~ described more fully in Exhibit " A" attached hereto and incorporated
t\ !' (/l
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CWS-568
. JUL. 10. 2007 11: 26AM
RDC GOLF GROUP, INC.
NO. 3437 P. 18
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herein. FCCI may increase the number and/or reduce the size orlots loC'.ated
in Parcels 7 anc(S (the'parcel bo~nded'by'the 10th fairway. 18th fairway and
H~"";~il--Branch Creek). Subject to approval of the prd\minary and Bnal
engineering plans and plats, ~~~I ~.~ p~ttec!. t~~~~'?p. !l~~ .!E~e ~ha~
nine!~en (19) l~ts on ~~c~l 7 ~n~t fory.y-six (4~ 19ts on P~r~eJ 8, .prov.bted::
said lots can be developed in accord with applicable City Codes, and ~te.c-
and/or Federal laws or regulations. The City shall promptly process, rc~
and present to theClty Commission for its approval or disapproval jich
modifications to the Conceptual Plans (as well as preliminary and ~al
engineering and plats) for each of such parcels as and when submittdPbe
FCCI. As provided in the Settlement Agreement, the rcrill "Develop~~
Property" shall hereafter be deemed to include the following: (a) the Janck.n
lying north of the ninth green directly east of the parcel commonly known as
the "Hooker Parcel" adjacent to the country club clubhouse and parking lot;
and (b) the percel bounded by tb: 10th (linn)', 18th fairway and HowclJ
Branch Creek. Each of these areas may be used in conjunction with the
development of single.family uses and not be required to be maintaint'.d as
"GolfPropeny" .
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'3, The approximate one hundred feet (1 OO~ ofland lying adjacent to the 2nd through the
4th holes of the Club and the property commonly known as .Woodstream" shall be pan of
Wood stream Unit 2 Development and shall be considered "Development Propenyl',
4, All other terms of the Settlement Agreement and the First Amendment not modified
herein shall remain in full force and effect.
IN WITNESS WHEREOF, FCCI and the CITY have executed this Second Amendment as
f? -- ./ :?t., 96
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FLORIDA COUNTRY C~S. INC.,
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JUL. 10. 2007 11:26AM RDC GOLF GROUP, INC. NO. 3437 P. 19
That Part of ~$ 5. 6. -7, and 8, THe €AST PART 0.... cHIUP R. YONG€ GRANf - SOUTH
PART. as Rec. Jed in Plat Book I, Page 38, of the. .J/ic Records of SEAI/NaLE
County, F7orida, lying in Section 7, Township 21 South. Range .31 East, Seminol~
County. F70rida and b~ing mare particularly described as follolllS:
Commence at the the most Southerly Corner of Lot ~9, FOX GLEN A T CHELSEA PARe, ,
ruSCA mLLA, os Recorded in Pfat Book 49, Pages 78 thIV 82, 01 the Ptlblic Records
of Seminole County. Aorida; theflctl run N 65"71'45" W. 10~09 fflet alont} the SouliNrlYc:::JC
line of Lots 59 and TRACT -A" of said FOX GLEN A T CHELSEA PARe, TUSCA I' -ror IC~
P"int of Be;inning; thence leaving 5aid rox GLEN AT CHCLsv. PARe, roseA -",.;un~-
IV 87"21'25 W. 4JD.66 ffllllt,' thence N 81'48'42- W. 624.g.3 f"t: thence N 00 "2.fS'e. ~
570.00 fe.,t to the SOf.Jthely line of m'nter Spring:s Boulevard: thenc~ S 89'58 -~,. ~
c29.S0 ft14ft along said SouthfUly line of Winter Springs SoulflVGrd to the point ~ _
cUfI'VUture of. a curve conca \Ie Southerly hawng a Radius of 2292.44 'eet, then~ run r
tQsterly 655.70 feet along the Arc of said curve, through a Central Angle of ftD'2.,:Q" :"";I~
to the most Northerly comer of Lot .J8, CHELSCA PARe AT 1USCAKfLLA PHASE../I rSCordei:f1:
in Plot Book 46, Pages 64 and 6.5 of the Public Records 01 r- U1 ;..~~
Seminole Caunty. Aorida,' thencfJ It:aviflg the SOlJther1y right of' way of mnter Spring!l"
Boulevard rtJn alon9 the We$terly /inti of said CHnSEA PARK A T ruse'#' MLLA PHASE II
through the .fal/awing courses and distance~: S 29i)7'42- W. 74,49 feet: thence
S 17"37'28- ~ 70.78 feet,' thence S .J67J7'55" W. 67.49 feet,. thence N 76'26'S.5" W.
72.09 feflt,' thence S 51"59'49" W. 77.50 feftt; thence S 22'25'15" W. 148.00 feet to
t:,e most Ncdherly Comer of Lot 7J. CHfiSEA PARC A r 1tISCAttfLLA PHASE I, recorded
in Plat Baok -1$, Poges 82 ~nd 8.3 of the Public Records of Seminole Countx Florido;
tl1ence leoving the We:sterly fine of said CH~LS~A PARK AT 1tISCAMLLA PHASE /I run
c 22'25"5" W. 128.24 fe.' along the Westerly line of Lots 11.. 72. and 1.J 01 said
'CH€LstA PARe AT TUSCA"'U.A PHASe I,' thence S 01'02'OS. E, 20.29 feet along the Westf
line of soid Lot 11 to the Northwest COf1k!f' of Lot 60 o( said FOX GLEN A T CHELSEA
PARe, TUSCAW/LLA; therrce S 01TJ2'05. E, 9of..59 fee' along the Westerty line of Lot. 60
and Tract lOA - of said FOX GLEN A T CHnS~A PARe, 7USCAKfLLA to the point of curvature
of O' curve concaVl! Northeasterly having 0 Radiu~ of 5.5.84 fe"t. and a Central Angle
of 64TJS'40", thence run Southea:iterly 62.5.3 feet along th. Arc o( sa,'d curve. to the
P.:)int of 8e9inning..~ t, ,^~
C:mtoining 701179.07J Squar. Feet ~16.097 Acrtfs more or le$S. ~ fL, tv
Exhibit "A"
Parcel "8- (
I'Iot Part of lot J1 GARDE"''' ~ARMS "ecJ)t'o.= 1'\ Qlal a_ 'S. ':'J~ 2': ~ 14. ;:f \f:. P~"'oC !Il~Clt'-:' 01 SeminOl. County, "
lorido ane! .1110 I/'Iot par! 01 l.O'S ~. e, g. 10 IIno n, ThE OS':' PIlRT at PIiIUP .R.'rONG( CR,lNT, SCU1l1 PA~T. r8COl'12ed in Plot 'Book ~.
age 38 at \..,. Pllblic; Reeoros of Semit\Ole Coun1r. ROficIer 1)"n9 in S.ction 7. TownSl'lip 21 South. RonlJ. .'5' (erst, SemirMlle County.
Icrieta and bcrin9 ",gr. Olcrrliculcrty oncrlbeCl ers follo"\I: ae9ln 01 llle Northec:st eomer 01 A"RO~OD AT TUSCAv.tU..4 _ urr.IT 2. os
:corCleCl in Plot aoole ~. Pergell S2. :S3 OrIel S4 01 II'l. Public Flec:aros of S,e",inOl" County. F'IoriClO. laid earn.,. olIO being th. Notthecst
ornef' of Tract .C" at said .RRO'M-iOO AT TUSCA'It'IW - UNIT 2: ttlen':l! 5 OO"OJ'1'" 'If. ~.3:l.25 feet Clone; the moet Eosl8ti}' linl! 01
:'lid ARRO'MoiEAO AT TUSCAv.,LJ.). - UNIT 2 to 0 Point af 'nt~~ion on lht EOlteny line ot Lot 17 of said ARROWl-!E.AO AT TlJSCA~l.LA _
; Ihlllnel! S 42'.3' 'S9~ W, 59.00 leet lllong tnl! Sou U'eastl!fiy line at said Lat 17: thence leaving said ScuV\ea:ster1y I;". ot Lot 17 I'\In
71'S.'J2~ E. 'e:J.S2 fllllt: Ulenc. S 12"J6'43' E. '3B.02 leet: thence S 50'04'02- w, 207.02. 'eet: thenel! S 39'S7 ~6- w. 264.58
~f:I: thence S li"'S"'Or W. 122.59 Iftt;. l~e"c. S S4'J'~~- 'II. 412.16 leet: thetlca S 7nS'n" 'N. Z~.J6 f.et to ille Nort"'ecSfer1y
igM 01 Way 11ft. ~t -'u9usta NotianCl Soulevard. CIlI I'lCordild ... CCUNmy C'.l..US vILLAGE UNIT ONE. r~ordl!d in Plot Book 22, Poq.. ..
and S of 11'1. P'Jblil; Aecorets ,,1 Sem~ole COllnty. Florida: tnenee S 54"09'2.r E. 1"".80 leet alon9 -ia ~ortn_terty Riqht at '1IGy
.,. 10 d Point o~ CloIr.otlJre at g eliI'''' concOyed Sout/lwc5lerly IIaVJtlq g I'aaius af 157.62. flll!:t. ClftG a Centrcl -'"fJle 01 5BOSO....a-.
'em;. run Southeosterly S9....S lee I a1or-g the orr; 0' said CUn/C 10 the Point a' TantgeflCy. thence S 0.......,.Z5. 'If. ~6.94 ~.et a1on9 said
iCJllt pf Way line: Ihcl"C:1: leaving said Ealtarly Ric;ht 01 Way line of Augu:na Nolioncl BOUie-.crrd I'\In 5 5"'''OS'J7'' E, 90.06 feel clo,,<<:
le Eosten)' II". of said COUN~'r Q.U8 V1l1.AGt': UNIT ONE; t/lenCl! S Jl''':i'S2- E. J92.79 'eet Giang Ine Egsterly Iir>. 01 Rid CCUN",Y
LUe V1LL.4GE UNIT ONE 10 t~e mosl EClster,y comCl" 01 ,cid COUNm'r cwe IIIl.1.AGt UNIT C~E. SoiCl !'nost (ost."y comer CIllO 1)."'9 the
las: Hortller1,. eorner 01 Lot 170. COUNTRY CLUB V1lL.ACE UNIT ~t1RE!. recorced in Plat Soak 2:1. PClq~ 3J. 34. 35. :38 and J7 af the P"'tlh
eeorClS 01 S.."inole Count)'. FIOrido; tn.nee lecvinq ,aid COUNTRY c..ue V1Ll...o\ct UNIT ONE. run S 3"45'52".E. 709.49 feet alon9 the
arth.oatl'l'ly line or !laid COUNTRY CluB VII.L.AGE: UNIT lloIR~ 'CIG lin. cis 0 bein9 lI'Ie Westtlr1y :in. of t". 110.00 loot widl! F'Iorido
OWlIf' end l..i9ht CompOrty Eosem..,t I'er;orded in Officiol Reeords Booll !ZO. Page lJO of 'he Pllblic Recorell! 01 Seminole County. Flatido:
ll111ee leawu; laid COUN1R'r ClUB V1LL.ACiE UNI1' Tl-lREE r;ontinue S 31'''5'52- E. 4\6.\4 feet alan, saiel Westeny line ot 110.00 loot
ide j:lClrida Po..... gnd light COMPcny Ea:lement: t"e"ce If:Qllin9 said We:Ul!I1y line T\Irt ,.. -'8""'08 E. 110.00 'eet ta ttle Eastet1y line
I IOiel 110.00 root wide Egsement. said 'iIle also being th. NorthllfttSterly line or Lot 173. GREEN6R1AR SUBDIVlSIOl\I PI'lA$f: 2,
,corded in Plat Sock 40, Pcu~es 42, 43 CII1d ~ of the Public Recorda ot Seminole County. Florida: thel\ce N .11'45'52- W. 100.00 feet
IIll'IIJ th. EO!lter1y line of said 110.00 fool ..ide F'lorido Power and Liqht Comgany E;serTltnt. said Easter1y line Glsa bejr,g the
orthwatert)' line of ~oid Lot 173. [0 the QPprolcimote centet line 01 Howell Creek: thence leaving saki Eosemenl run a1o",~ the
opro.imQte c~tlllr line of l'Iowell Cr~k. saiet center line Ileing tile Nart/'lwnlerly lin. of san, CREENSAI~ SUBOI\1SION PH/tSE 2 II'lrou9l'
,e IoIlo-in9 Courses and DilllCl"Ce:s! N 55-&8'42. Eo 39.24 leet: N 1:3"S7'oo" E.IOO....... t.et: 5 6S'42'4a" E, SJ.92 feet: N 16'08'<7. E,
1.62 leet: I't 29'O"'OO~ W, J4.04 f~l: N 8....'28."'. E. 93..38 '.et: N 040'04(1'42' E, 81.28 leet: N 1C"10'as" E. ~.IJ feet: .
, 81"28'''2'' E. 61.22 f."t: N 02"382.15" W. Sa.B4 feet; N Jl..t6'19- E. 9t.69 feet: ,.. 28"09'35" w. 65..08 leet: 5 76"2"6" E.
4.79 I..t: H "'O'O1'2~~ E, JJ.4~ I~et:_ N "O'4J'0.- W. 40..915 teet: N 07"'OS.:i..... E. 47.OJ feet; S ~O'O'~. c:. 90.111 leet:
, 03'0'47" E. ...7 OJ leet; /II J6'48 05 E. 8".25 '.et 10 lIu: moat Northerly comer af Lot \10 0# said GREENBRI,f,R 'S\JBDI'ilSlO/ll PHASE 2;
netiC' leWlQ acid GR[El'IElRIAFI SUBOI't1Sl0N PHAse: 2 contit'lIe OIc.1nq the opprOlcirnate center line ot Ho..... Creek t~t;)uqn 11'1. lO1l0-in9
ourles and Oi$t",'C:IIl~ N .3Ci'4J'38. E. a9.62 leet: N 7:i'04'tJ. W. 64.ota leet: N 22'38'0"''' E. 49.01 leet: ~ 77":J7'~;. E. 64.~ leel;
hence leo,,;nq th!! opproaimate .:enlcr line 0# Ho_ell C.reek run N 06'2'45- W. JJ9.'9 fe.l; th....cl! N 72'44'~- w, ;10.00 felt:
raenc. S J~'T~' w. J20.oo ft.l: t~.,.c. S 8912'J5 W. 0300.00 'ut: thcnc~ S OJ'2J'~2- E. ,J18....2 teet: '/\ene. .i 2'I'JO'JJ. VI.
0.14 feet: lhet:'c. S 5~"26'41- W. 70,00 leet; tl\ence N .80~8'54- W. 70.00 f,el: thence N 181]2',4" w. 385.08 IH~ th..,CI N o.J1J6'Oe. W.
01.99 le.t: I't 1:]'10'037 t, 1,30.96 fillet: rhUle. N 41',3559 E. 685.09 I..l; th."c:. N J9'''8'11- W. 14.6.~O 'eet: thence N 22'~'2r E.
02..11 te.t; tl1.n.:. N 13'0'27- W, 160.86 teet: thence N 1,'49'03" E. 220.JB feet; tn_ce N 29'~T02- w. 192.<.3 feet: Ih.erlC8 N 28"27'5".
11.15 feet 10 .,... Soulh Riqhl .,f wQY 01 Wlnl.,. Sprltlogll Soult:"""d: lherlce ~ eg~8'36~ w. 149.00 I..t olonq soid 50111" Riljjht Qt Way 10 ll'le
oint 01 Seqinning.
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Exhibit. "A"
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Date: August 13, 2007
The attached were referenced during the
discussion of Public Hearings Agenda Item
"500.1" at the August 13, 2007 City
Commission Regular Meeting.
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Date: August 13, 2007
The attached were referenced during the
discussion of Public Hearings Agenda Item
"500.1" at the August 13, 2007 City
Commission Regular Meeting.
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Date: AuguSt 13, 2007
The attached document was presented for the
Record by Ms. Mary Solik during the discussion
of Public Hearings Agenda Item "500.1" at the
August 13, 2007 City Commission Regular
Meeting.
14
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UW~X
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CITY OF WINTER SPRINGS, FLORIDA
1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA 32708-2799
Telephone (407) 327 -1800
RECEiV cD
MAR 1 a 200l
EQLEY 1& LARDNER
Community Development
March 16, 2007
Mary D. Solik
Foley & Lardner LLP
P.O. Box 2193
Orlando, FL 32802-2193
RE: Vertex Development, LLC - Proposed Tuskawilla Cell Tower
Approval Process
Dear Ms. Solik:
As you are aware, the City of Winter Springs recently passed an
ordinance (2006-12) modifying the regulations governing cell tower locations
within the City's corporate boundaries. We briefly discussed the provisions of
this ordinance during our meeting with City Manager Ron McLemore.
The proposed tower location on the Tuskawilla Golf Course property will
require approval as a "Tier Three" site and must proceed through a conditional
use (CU) approval as well as an aesthetic review. Since you indicated that this
project may consist of one tower (150 feet tall), I would suggest that the two
approval requests proceed concurrently. I recall from our discussion that Vertex
plans to submit the conditional use and aesthetic review packages around the
first of April.
However, since the proposed location is located within a residential area,
it is unclear at this time whether Vertex will be submitting a standard application
subject to the maximum ninety (90) business day decision making time frame in
section 365.172 (11)(d)2, Florida Statutes, or a cooperative determination
application pursuant to section 365.172(11)(b)3, Florida Statutes. While the
same application and review criteria and procedures will apply, the type of
application may impact the decision making time frames. Additionally, regardless
of the kind of application submitted, the final decision will be made by the City
Commission at a public hearing.
Assuming a standard application is submitted, an approximate schedule
for a conditional use and aesthetic review upon receipt of a submittal package
that is fully complete is as follows:
. Submittal of complete conditional use package
. Submittal of complete aesthetic review package
. Submittal of a complete site plan package
April 2, 2007
April 2, 2007
April 2, 2007
\
-
e
. First staff review date
. Tentative P & Z Board meeting for site plan
. Tentative Board of Adjustment meeting for CU
. City Commission meeting (all requests)
April 24, 2007
June 6, 2007
June 7, 2007
June 25, 2007
The schedule detailed above assumes that only one staff review will be
necessary. If an additional staff review is required, the schedule will be shifted to
allow more time for staff review dependant upon the response time of the
consultant and the completeness of the response. In addition, the schedule does
not address time extensions that may be required due to any advisory board or
the City Commission tabling or postponing action on the application for any
reason.
Your application for a Tier Three site must also include competent
substantial evidence, as required in Ordinance 2006-12, that Tier One and Tier
Two locations are not available or technically feasible for the location of a tower.
Also, please remain mindful that the City's tower and aesthetic review ordinances
have extensive review criteria and significant application requirements. I suggest
that you and your client familiarize yourselves with those requirements before
submitting an application.
Once you have had a chance to review the information presented above,
please advise me and the City Attorney which kind of application will be
submitted. Further, if you have any questions regarding the application
requirements, please call me. I would also ask that you copy the City Attorney
on any correspondence or emails from your office.
-----
Attachments: Ordinance 2006-12
Conditional Use, Aesthetic Review, and Site Plan Applications
CC: Alan Ruiz, Vertex Development
Ron McLemore, City Manager
Anthony Garganese, City Attorney
John Baker, Senior Planner
Kevin Smith, General Services Director
Kip Lockcuff, Public Works/Utility Director
,,;'
/
Date: August 13, 2007
The attached document was presented for the
Record by Ms. Mary Solik during the discussion
of Public Hearings Agenda Item "500.1" at the
August 13, 2007 City Commission Regular
Meeting.
15
CITY OF WINTER SPRINGS, FLORIDA
UNAPPROVED MINUTES
BOARD OF ADJUSTMENT
REGULAR MEETING
JULY 11,2007
(RESCHEDULED FROM JUL Y 5, 2007)
CALL TO ORDER
The Board of Adjustment Regular Meeting of Wednesday, July 11, 2007 (Rescheduled
from July 5, 2007) was called to Order at 7:01 p.m. by Chairman Thomas Waters in the
Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434,
Winter Springs, Florida 32708).
Roll Call:
Chairman Thomas Waters, present
Vice Chairman Jack Taylor, present
Board Member Howard Casman, present
Board Member Linda Collins, present
Board Member Kathryn Fairchild, absent
A moment of silence preceded the Pledge of Allegiance.
Under Agenda Changes, Mr. Randy Stevenson, ASLA, Director, Community
Development Department stated, "There was to be two (2) Agenda Items tonight '500'
and '501'. Your Agenda Item '500' the Application for Crown Castle [International] was
withdrawn from consideration this morning."
PUBLIC INPUT
No one spoke.
INFORMATIONAL AGENDA
INFORMATIONAL
100. Not Used.
CITY OF WINTER SPRINGS, FLORIDA
UNAPPROVED MINUTES
BOARD OF ADJUSTMENT
REGULAR MEETING - JULY I 1,2007
(RESCHEDULED FROM JULY 5, 2007)
PAGE 2 OF 15
CONSENT AGENDA
CONSENT
200. Office Of The City Clerk
Approval Of The January 4, 2007 Regular Meeting Minutes.
"I MAKE A MOTION WE APPROVE THE MINUTES - JANUARY 4, 2007."
MOTION BY ADVISORY BOARD MEMBER CAS MAN. SECONDED BY
ADVISORY BOARD MEMBER COLLINS. DISCUSSION.
VOTE:
BOARDMEMBERCASMAN: AYE
CHAIRMAN WATERS: AYE
BOARD MEMBER COLLINS: AYE
VICE CHAIRMAN TAYLOR: AYE
MOTION CARRIED.
AWARDS AND PRESENTATIONS
AWARDS AND PRESENTATIONS
300. Not Used.
PUBLIC HEARINGS AGENDA
PUBLIC HEARINGS
500. Community Development Department
WITHDRAWN
Requests The Board Of Adjustment Hear The Request Of Crown Castle
International For A Conditional Use To Allow A Telecommunications Tower, On
An Approximately 75' X 75' Lease Site At The City's Wastewater Treatment Plant
Site In Tuscawilla, Along Winter Springs Boulevard (1560 Winter Springs
Boulevard). The Site Is Located Within The PUD (Planned Unit Development)
Zoning District (The Site Has A Public/Semi-Public Future Land Use Designation).
This Agenda Item was not discussed as it was Withdrawn.
CITY OF WINTER SPRINGS, FLORIDA
UNAPPROVED MINUTES
BOARD OF ADJUSTMENT
REGULAR MEETING - JULY I I, 2007
(RESCHEDULED FROM JULY 5, 2007)
PAGE 3 OF 15
PUBLIC HEARINGS
501. Community Development Department
Requests The Board Of Adjustment Hear The Request Of Vertex Development,
LLC For A Conditional Use To Allow A Telecommunications Tower, On A 70' X
70' Lease Site, At The Tuscawilla Country Club (1500 Winter Springs Boulevard),
In The Tuscawilla Planned Unit Development (PUD). The Site Is Located Within
The PUD (Planned Unit Development) Zoning District (The Site Has A Recreation
And Open Space FLU (Future Land Use) Designation).
Mr. Stevenson presented this Agenda Item and stated, "According to Ordinance 2006-12,
we have ninety (90) business days in which to process this. That means we need to -
acted on by the Commission by September 7th, 2007."
A Map entitled "Figure I to Ordinance 2006-12" dated February 12,2007 was displayed.
An Aerial view was then shown of the proposed site and pictures of the proposed
monopole towers.
Mr. Stevenson then said, "Staff would recommend that the Board of Adjustment consider
the information presented in the Staff Report as well as the upcoming Public Hearing
Testimony and Testimony of the Applicant. And if the Board is satisfied that the request
is consistent with all the applicable data and Code provisions including whether or not the
Applicant has provided the evidence that demonstrates that Tier One or Tier Two sites
are not available or technically feasible, make the recommendation that they deem
appropriate to the City Commission based on the Criteria set forth in the applicable Code
sections that we talked about here tonight."
Discussion.
Ms. Mary D. Solik, Foley & Lardner LLP, 111 North Orange Avenue, Suite 1800,
Orlando, Florida: representing Vertex Development LLC, Ms. Solik spoke on this
Agenda Item.
Tape I/Side B
Ms. Solik said, "I want to put in a full set of the Application in the Record. You all were
not given the full set in your packages and later I will outline what was in there that is not
in your packages. Just for example, we did submit a Tree Survey to the City that was in
the Application package. That was one of the Conditions of approval. That has been
done. "
CITY OF WINTER SPRINGS, FLORIDA
UNAPPROVED MINUTES
BOARD OF ADJUSTMENT
REGULAR MEETING - JULY 11,2007
(RESCHEDULED FROM JULY 5, 2007)
PAGE 4 OF 15
After numerous phone conversations with City Attorney, Anthony A. Garganese, Ms.
Solik noted, "I need to state my objection on the Record. I am of the opinion that the
modified Ordinance does not give the Board of Adjustment Aesthetic Review jurisdiction
that still remains in the City Commission. That's not generally something that this Board
deals with. Your Staff Report indicates that you have that jurisdiction and has asked you
to opine on that. My review of the Ordinance and your existing [City of] Winter Springs
Code provisions says that that's not how that is read. The City Commission still makes
that decision and that you are not Advisory on that issue. You certainly are Advisory on
the 'Conditional Use'. Again, legally, I just need to get that on the Record.
The next thing I want to do is, there was an additional Letter of Intent that we received
today from a carrier, and that was Sprint [Nextel]. That was not in your Application
package. I am going to put that in the Record."
A letter from Sprint [Nextel] dated July 11, 2007 was distributed to the Board Members.
Ms. Solik said, "I want to put into the Record the Letter from Crown Castle
[International] withdrawing their Application, since that is an Issue that has been
referenced in your Staff Report."
Mr. Alan Ruiz, Vertex Development, LLC, 405 South Dale Mabry Highway, #244,
Tampa, Florida: spoke regarding proposed cell tower location. Mr. Ruiz said, "First and
foremost is the location going to work from a radio frequency perspective for the tenants
that you are trying to put on the tower. In other words, is the location in the right place
from a technical point of view, because it can be the best location in the world from every
other point of view but if it doesn't work technically for the people who need to mount
antennas on the tower, it is a worthless location. So, the very first consideration that you
take into account is the needs of your tenants.
In this case, T-Mobile is our anchor tenant, and basically, they let us know that the most
preferred and best location not to mention the location that would work, would be on the
west side of that golf course if at all possible. So, that is how we ended up dealing with
Tuscawilla [Country Club] Golf Course and community center, and so we approached
them and started working with them about a location on their property. The second thing
that you have to consider, as much as an impact the actual tower is, the compound that
houses all the ground equipment for the tower is impacted to those immediately
surrounding the area.
So, in an ideal world you are able to put that compound in a tree stand such as the one we
are proposing today. I think we have the best case scenario in this situation as far as the
compound location goes, because we are able to put it in a tree stand that really
minimizes the visual impact and the impact overall of the actual ground mounted
equipment, the equipment that goes on the ground that supports the cell sites for each of
the tenants.
CITY OF WINTER SPRINGS, FLORIDA
UNAPPROVED MINUTES
BOARD OF ADJUSTMENT
REGULAR MEETING - JULY 11, 2007
(RESCHEDULED FROM JULYS, 2007)
PAGE 5 OF 15
Another consideration - is the actual tower itself and how it is going to impact things.
And SO, we felt that by putting it up close next to the existing ninety foot (90') high
voltage power line easement would at least minimize the impact considering there was
already an impact there. We weren't bringing something completely new to the game,
there was already an impact being made and so we are just adding to that hopefully,
choosing the least obtrusive location as possible for the actual pole that goes up into the
arr.
You have to find a landlord that is willing to lease you or sell you or allow you to put this
Application in place - and we were lucky enough to do that with the [Tuscawilla]
Country Club, but we had to consider what their operations are with the golf course."
Mr. Ruiz said, "So we had to consider where to put that tower relative to the operations
of the parent track which is the [Tuscawilla Country Club] Golf Course and how they do
their business. There are also other considerations such as bringing power to the site,
bringing telco [telecommunications] to the site, whether or not there is adequate tree
cover. Again this goes back to trying to screen the facility as much as possible.
For example, are there wetlands, are there endangered species in the area? These are all
things that are all necessary - that need to be considered for a site. For an example, there
is a little creek that runs in the area, we made sure we were appropriately set back from
the wetlands so we were not impacting those wetlands and again - we very much so
consider the landlord's use of the property and what their needs are and so we try to
balance all these things.
The Radio Frequency Engineer's need to know, so that we can technically address the
needs of the site. We want to make sure that the compound is being screened, the tower
is being screened, that the golf course can continue its operations without us impacting
them too much and so that we are also able to bring access power and telco
[telecommunications] to the site adequately. So, these are all the things that we - when
we spoke to the [Tuscawilla] Country Club and figured where the best place would be to
put the tower."
Ms. Solik said, "The Tiered analysis, [Mr.] Art Peters (Consultant) really has already
answered the question about Tier One. He has told you, he told the City Commission in a
report that has been paid for by the City that the four (4) locations in Tier One will not
work to provide coverage to the Tuscawilla residential area. So, now we need to go
through the Tier Two analysis. And the frrst location in Tier Two are on properties that
are owned by the City of Winter Springs that are designated public, semi-public on the
Future Land Use Map (FLUM)."
The City of Winter Springs Future Land Use Map (FLUM) was then displayed.
CITY OF WINTER SPRINGS, FLORIDA
UNAPPROVED MINUTES
BOARD OF ADJUSTMENT
REGULAR MEETING - JULY II, 2007
(RESCHEDULED FROM JULY 5, 2007)
PAGE 6 OF 15
Ms. Solik said, "We are talking about - the general geographic search area is the
Tuscawilla area and I have circled the four (4) properties that are even remotely close to
this area that are deemed public, semi-public on the City's Future Land Use Map
(FLUM). The Code also requires that they be owned by the City of Winter Springs. This
is the school property that is not owned by the City. This is a church property - also not
owned by the City. This would - actually I don't know who owns this piece, but it is so
far remote; it is right up on [Florida State Road] 417. Our engineers are going to testify,
they will tell you that they have tower, cell locations on this side of [Florida State Road]
417 and this would be much, much too close to their existing cell sites over here to
provide any additional coverage.
So, the only possibility is the water reclamation facility next to Sam Smith Park and the
three (3) RF (Radio Frequency) Engineers who will testify tonight will all tell you that
that site just doesn't work for them. It is too far east. And as demonstrated in Art Peters'
Report, the cells are kind of developed in a honeycomb fashion and in order for a call to
pass from one cell to another, there has to be some overlap in coverage between the cell
sites. And if you move the site that far east, then you create a gap between the cells on
the west side and you don't get that hand off. So, the appropriate geographically location
is to the west of that property."
Ms. Solik read an excerpt from the Code of Ordinances.
Continuing, Ms. Solik said, "The whole goal here, the whole geographic coverage
objective is to provide coverage to a residential area, so we can't, even if there were
commercial or industrial buildings tall enough to support a ten foot (10') antenna on top
of the building in this area, which there are not. The Ordinance by its very terms would
prohibit us from locating on that property in the Tuscawilla residential area.
The third criteria is within an enclosed existing church steeple or other type of existing
structure and [Mr.] Randy Stevenson told you that that is not intended for us to build a
church steeple, that means its got to be something existing and again there are no
facilities in that residential area that have sufficient height that we could co-locate an
antenna in and add coverage. The next Tier Two location is upon existing sports lighting
structures, utility structures and water tanks provided that the structure is not located
within a single residential area.
Again that eliminates Tuscawilla because this is a single residential area. So, we can't
utilize any structures in that area. And finally, the last one is on the proposed Fire Station
number three (3) which is to be located on the south side of State Road 434. I have
circled it up there. That's this little site up here. This is outside of the geographic search
area as well which is much more down in this area, as shown on the Art Peters' map and
as the RF (Radio Frequency) Engineers will testify to. So, those are the Tier Two
locations. They just don't work. They just don't allow us to get in there and provide the
coverage in this residential area."
CITY OF WINTER SPRINGS, FLORIDA
UNAPPROVED MINUTES
BOARD OF ADJUSTMENT
REGULAR MEETING - JULY I 1,2007
(RESCHEDULED FROM JULY 5, 2007)
PAGE 7 OF 15
Next, Ms. Solik said, "This is also another copy of the City's Future Land Use Map
(FLUM). I am now moving to the Tier Three location. And the first Tier Three location
and Randy [Stevenson] is correct, these are listed in order of preference. You - can't use
[Tier] One before you can use [Tier] Three, which is the site that we have chosen.
And the first - property which has a Future Land Use (FLU) Designation of 'Industrial'.
The only properties in the City of Winter Springs with 'Industrial' Future Land Use
(FLU) are up in the very northwest tip of the City." Ms. Solik said, "So, that is not an
option. "
Continuing, Ms. Solik said, "And the next category of Uses is property which has a
Future Land Use (FLU) Designation of 'Mixed Use' and is part of a Department of
Regional Impact (DRI). I only found two (2) properties on your Future Land Use Map
(FLUM) which are designated 'Mixed Use', this one right there and the one down here
on the bottom, and neither one of those is a DRI (Department of Regional Impact). I
checked with the Department of Community Affairs (DCA) and they told me that only
Oviedo Marketplace is a DRI (Department of Regional Impact)."
Ms. Solik said, "Again, it is outside the geographic search area even if it is a DRI
(Department of Regional Impact) property. It's much too far south and it is going to be
too close to locations that carriers have on the east side of [Florida State Road] 417. So,
not a whole lot of RF (Radio Frequency) support needed to tell you that we just can't -
find a location in Tier Two, we have to drop down to Tier Three.
Ms. Solik introduced the RF (Radio Frequency) Engineers from T-Mobile, metroPCS
[Inc.] and Clearwire [US LLC]. All three (3) of these entities have submitted leases,
they have signed leases to co-locate on this tower and those leases have been submitted
as part of your package - Alan [Ruiz] - tell these folks who all have expressed interest,
what the level of commitment is and how this tower is loaded up."
Mr. Ruiz said, "This tower is loaded for seven (7) levels of loading. On the first level, we
have a lease signed with T - Mobile. On the second level, we have a Letter of Intent and a
Tenant Application submitted by Verizon Wireless. Sprint Nextel has submitted a Letter
of Intent and an Application committing themselves to the third and fourth levels.
metroPCS [Inc.] has a signed lease in place for the fifth level. Cingular Wireless has
submitted an Application for the sixth level and we have a signed lease on the seventh
level with Clearwire [US LLC]. Now the reason we don't have signed leases on every
single unit is because some of the corporate policies that some of these companies have
are that they don't sign leases until the tower is in the air. And others don't have that
same policy, therefore, they are able to submit Applications and Letters of Intent, but not
signed leases yet, others are able to sign leases. The bottom line is that every single cell
phone company that operates in this community and this County has submitted either an
Application, Letter of Intent, or a signed lease to co-locate on this tower. In other words,
every one needs it."
CITY OF WINTER SPRINGS, FLORIDA
UNAPPROVED MINUTES
BOARD OF ADJUSTMENT
REGULAR MEETING - JULY I 1,2007
(RESCHEDULED FROM JULY 5, 2007)
PAGE 8 OF 15
The Site Plan was displayed to show the elevation drawings of the tower.
Continuing, Ms. Solik said, "Each one of these little squares are levels on this tower is a
Tier for a wireless carrier and T-Mobile will be at the top, Clearwire [US LLC] is at the
bottom, Verizon [Wireless] is down here and Sprint [Nextel], three (3) and four (4),
Cingular [Wireless], metroPCS [Inc.]." Board Member Casman asked, "The higher up
you are the better the coverage?" Ms. Solik said, "Absolutely."
Chairman Waters asked, "What are those increments between antennas?" Mr. Johnson
said, "Each one of those pods is ten feet (10') so what you are looking at is one hundred
and fifty foot (150') tower with the top seventy feet (70') of that tower having antennas.
So, what you really need to consider is we need to provide the ability for all licensed
carriers to provide coverage in the area. The lowest carrier, which is Clearwire [US
LLC] is looking at the bottom spot ranging between eighty one (81 ') and ninety feet
(90')."
Mr. Dan Babilla, Senior RF Engineer, T-Mobile, 200 Teleorn Drive, Orlando, Florida: as
a resident of Winter Springs, Mr. Babilla spoke of cell phone coverage in the Tuscawilla
area. Referring to a T-Mobile cell phone coverage map of Tuscawilla, Mr. Babilla said,
"The 'red' areas show a very strong level of cell phone coverage that would work for the
most part, most - residential indoors. That would be in the 'red'. The 'yellow' shows an
in-vehicle - coverage acceptable reliable coverage in your car. The 'green' level in the
middle - a lot of pixels on this computer model coverage chart shows that there is a
deficiency where it only works outdoors."
Mr. Babilla said, "Radio frequency is a line of site technology and it's been that way for
however long it has been discovered and a form of communications for us. There is one
(1) white pixel and that is right where Howell Creek comes through on Northern Way
and it is a low spot. So, it kind of demonstrates that line of - radio frequency line of site
is determined and other variables also go into that. Tree cover absorbs and scatters the
signal so, trees can block the signal. Construction of our homes - concrete, obviously
steel and on the other end, windows can let the radio signal in somewhat. So, basically
what we are looking at is our current coverage and if we put this proposed site at a
hundred and fifty foot (150') right at the proposed location, we see how it is almost like a
piece of the puzzle."
Mr. Babilla then said, "With very little gaps between the sites, as far as a good rock solid
residential level of coverage. I wanted to demonstrate the site locations we currently
have now in and around Winter Springs - and we kind of centered this around
Tuscawilla. "
CITY OF WINTER SPRINGS, FLORIDA
UNAPPROVED MINUTES
BOARD OF ADJUSTMENT
REGULAR MEETING - JULY I I, 2007
(RESCHEDULED FROM JULY 5, 2007)
PAGE 9 OF 15
Mr. Babilla explained, "This location is obviously east of [Florida State Road] 417 - just
north of [State Road] 434, it's back in the woods a little bit right there and that site - just
gets - just barely south of [State Road] 434 and a little bit into the Tuscawilla area but
obviously it doesn't get toward the center. And the same with the tower - Oviedo
Marketplace you notice a tower right behind it right off of [Florida State Road] 417, that
would be that site location right here. This wireless communication tower - on
Tuskawilla Road just south of Red Bug Lake Road and that obviously is too far south to
get into the Tuscawilla community.
We also have this site, and this site Mary (Solik) either on City property or on an
easement, right-of-way, anyway it is by some power lines - that is here and then right
across the street or right next door actually is a monopole - that actually T-Mobile
originally developed and worked and partnered with the City before for providing
coverage at this location. So, the question I heard was, 'Why do we need the site in this
location'? The network has matured around and dictated, we have to put it in a location
in the middle of the hole as opposed to having multiple sites. If we have to move this
outside of our search area ring, either this way or that way, that is going to - open up a
coverage hole to the other site. It is basically a location balance." Mr. Babilla said, "We
found this to be a very feasible and plausible location that I think is probably the best we
have come up with."
Ms. Solik asked, "Mr. Babilla is this one [hundred] fifty [feet] (150') height perfect
coverage for you?" Mr. Babilla said, "You can see there are a few gaps, but it is very
feasible and it will work." Ms. Solik then asked, "Are you utilizing the lowest height
technology at this site?" Mr. Babilla said, "Yes. This is our minimum design height."
Ms. Solik asked, "Is the technology that you use dictated by the height of the proposed
application?" Mr. Babilla said, "Yes." Ms. Solik then said, "Do you have a different
technology at a hundred feet (100') than you use at a hundred and fifty feet (150')?" Mr.
Babilla said, "We use the same equipment, the same technology throughout our network
is consistent."
Ms. Solik asked, "Do you ever go in and seek approvals for a height higher than you
really need?" Mr. Babilla said, "No. We don't believe in doing that because basically-
a number of reasons. Building it higher than we need causes interference to other places
in town, because we have to reuse the limited spectrum of frequency that the FCC
(Federal Communications Commission) gives us. Also, it gives us additional loss in
equipment, like coaxial going up the tower, it has to be fed with coax cable which is
usually made of copper or copper clad materials, it's expensive. It is not feasible to do
that."
CITY OF WINTER SPRINGS, FLORIDA
UNAPPROVED MINUTES
BOARD OF ADJUSTMENT
REGULAR MEETING - JULY I 1,2007
(RESCHEDULED FROM JULY 5, 2007)
PAGE 10 OF 15
Ms. Solik asked, "Do you take aesthetic considerations into account when you are
designing your network location?" Mr. Babilla said, "Yes. It is T-Mobile's practice and
it is a corporate mandate actually that we do the best we can as far as site wireless
communications facilities and be a good neighbor in the community and work with the
jurisdictions and partner with them any chance we can get."
Ms. Solik then asked, "If you could have more height out there, would you take it?" Mr.
Babilla said, "Yes. But I would want to jump at the opportunity, but at the same time, I
don't think that would be the right thing to do because this is our minimum height but at
the same time we want to partner with the community so, we are looking for a good
medium."
Discussion.
Mr. Craig 0 'Neil!, RF Engineer, rnetroPCS Inc., 8256 Exchange Drive, Suite 230,
Orlando, Florida: spoke about a need for additional coverage and displayed a map of the
coverage area. Mr. O'Neill said, "If you just take a look at these two (2) plots I have, it is
very similar to what Dan [Babilla] did. This is at our spot - I believe it is spot five (5)
which is a hundred and five feet (105'). This is showing our existing coverage and our
existing towers in the area and the obvious hole in Tuscawilla. The plot above there will
show the improved - currently we have sites that our 'yellow' here these four (4) in the
circle here and it creates the hole right in this area. This is the proposed Vertex
[Development, LLC] tower here and this is the area of improvement that we would get
here at a hundred and five feet (105').
Just a little bit of area down here that is not going to get filled in quite as we would like,
the 'green' shading here basically depicts good in car coverage and fair in building
coverage and the 'white' would depict poor coverage areas that we would like to
concentrate on improving. So, basically this site does fill in a large portion of the area
that we are looking to fill in - eighty percent (80%) criteria that Dan [Babilla] was talking
about, we do something similar. This single site would definitely service a large
improvement in our current coverage and actually we have been waiting on this site since
before we launched. It was supposed to be part of our initial launch plan to provide
coverage to this area, so this is a much needed site for us."
Ms. Solik asked, "Are you using the lowest height technology?" Mr. O'Neill said, "Yes.
At the hundred and five feet (105') level that we are going at, that is probably the lowest
height that we would want to use in a topography such as this with a lot of tree lines and
residential homes in the area, that tends to block the signal going out maybe - as close as
a mile and a half or so, it starts to degrade at that point rather quickly.
CITY OF WINTER SPRINGS, FLORIDA
UNAPPROVED MINUTES
BOARD OF ADJUSTMENT
REGULAR MEETING - JULY II, 2007
(RESCHEDULED FROM JULY 5, 2007)
PAGE 11 OF 15
And if you get too much into the trees or below the trees that affects and magnifies even
more. Probably the absolute lowest height we would want of a site like this would be
about ninety feet (90'), so a hundred feet (100') is probably just about as low as we would
want to go and still get adequate coverage off of this site. Now, the hundred and fifty
foot (150') that T-Mobile is getting would be nice but everybody can't have that
unfortunately. "
Mr. Calvin Johnson, RF Engineer, Clearwire US LLC 414 Pursley Drive, Deland,
Florida: spoke about the cell tower location. Mr. Johnson said, "Clearwire [US LLC] is a
little bit different from the cellular and PCS [Personal Communication Service] carriers.
We are a - high speed broadband internet provider for home use. We are currently
stationery in your house - modem, high speed broadband access. There are a couple of
differences that I would like to mention. The band we use has much higher frequency
than the cellular and PCS [Personal Communication Service] carriers and cellular
carriers. The frequency they use goes through trees a little bit better than we do; PCS
[Personal Communication Service] not quite as good and then there is us. So, our target
coverage is usually a mile to a mile and a half radius what we can get out of a site.
These are the sites we have surrounding right here now - this is a site in question. With
this site turned off, this is the hole that we have, so the 'white' would be no service. So,
we wouldn't try to sell to these households. There would just be no service. With this
site, you will notice it is really a poor service area. Actually, I would prefer a hundred
and eighty feet (180')." Mr. Johnson said, "We are taking the ninety feet (90') here the
lowest spot." Ms. Solik asked, "Mr. Johnson, if you had to go below ninety feet (90'),
would you take this site?" Mr. Johnson said, "I barely took the site as it is. In fact, I
recommended that it be killed." Mr. Johnson then said, "A hundred and eighty feet (180')
really would probably be what I need to get my engineering targets."
Ms. Solik said, "The Cingular [Wireless], Sprint [Nextel] and Verizon [Wireless] have
corporate policies that they don't send RF (Radio Frequency) Engineers to sites and they
don't make formal commitments until the sites are approved. And let me remind you
again, in our application package, you have the leases from T -Mobile, Clearwire [US
LLC] and metroPCS [Inc.], you have the Letter ofIntent from Sprint [Nextel] and from
Verizon [Wireless] and an Application from Cingular [Wireless] requesting a particular
height on the tower." Ms. Solik then said, "I think that if this site is approved the carriers
that have not signed lease agreements will be burning up the phone lines and beating a
path to the Building Department to get this thing on the air."
Chairman Waters recessed the Meeting at 8:32 p.m.
Chairman Waters reconvened the Meeting at 8:40 p.m.
Tape 2/Side A
Various pictures were displayed of Monopole towers.
CITY OF WINTER SPRINGS, FLORIDA
UNAPPROVED MINUTES
BOARD OF ADJUSTMENT
REGULAR MEETING - JULY I I, 2007
(RESCHEDULED FROM JULY 5, 2007)
PAGE 12 OF 15
Discussion.
Ms. Solik read a letter received from Mr. Peters dated April 17 , 2007.
Referencing the Settlement Agreement, Ms. Kate Latorre, Attorney, Brown, Garganese,
Weiss, & D' Agresta, P.A., said, "The Staff wanted you to know the Settlement
Agreement was out there and that it affects the [Tuscawilla Country Club] Golf Club
property, however, if you were to recommend approval and the City Commission were to
eventually approve this Application, the Settlement Agreement - the City Commission
would have to work out at that time."
Chairman Waters said, "It has nothing to do with our decision tonight?" Ms. Latorre
said, "We just wanted to let you know it was out there. It should not be a factor in your
consideration. "
Then, Chairman Waters asked, "Is the site plot going to be seventy by seventy [feet] (70'
x 70') or fifty by fifty [feet] (50' x 50')?" Ms. Solik said, "Fifty by fifty [feet] (50' x 50')."
Mr. Ruiz said, "The actual compound itself that is fenced in will be fifty by fifty [feet]
(50' x 50'). But, we have allowed for a ten foot (10') landscaping buffer around it."
Chairman Waters asked, "You are not going to store any hazardous materials there that
violate any regulations. Is that correct?" Ms. Solik said, "There is nothing hazardous out
there. "
Chairman Waters asked, "Is there going to be a generator there?" Mr. Ruiz stated,
"Vertex Development [LLC] does provide generator power for the tenants. The tenants
will choose whether or not to install equipment that has a built in generator. So, it is
really up to each individual tenant."
Regarding wildlife assessment, Chairman Waters asked, "What are you going to do with
the gopher tortoises?" Mr. Ruiz said, "If there are any, we will properly re-Iocate them
which we have at many other sites in the past." Chairman Waters said, "You are not
going to bury them?" Mr. Ruiz said, "No Sir. We use licensed gopher tortoise re-
locators. "
Discussion.
As to coverage in the Oak Forest area, Mr. Babilla said, "We would see coverage
enhancement in some areas."
Referencing the installation, Mr. Ruiz said, "It has a case on tight foundation, which is
basically a cylinder of concrete that goes down into the ground and it is anchored, bolted
to that and there are absolutely no guide wires whatsoever."
CITY OF WINTER SPRINGS, FLORIDA
UNAPPROVED MINUTES
BOARD OF ADJUSTMENT
REGULAR MEETING - JULY II, 2007
(RESCHEDULED FROM JULY 5, 2007)
PAGE 13 OF 15
Chairman Waters opened the "Public Input" portion of the Agenda Item.
Ms. Diana Yarusinski, 1166 Winged Foot Circle East, Winter Springs, Florida: lives
within one hundred feet (100') of the proposed tower and is concerned about the home
values, generator noise, and wildlife. Ms. Yarusinski was not in favor of this Agenda
Item.
Mr. Charles Lacey, 733 Bear Creek Circle, Winter Springs, Florida: spoke in favor of
this Agenda Item.
Chairman Waters closed the "Public Input" portion of the Agenda Item.
Mr. Ruiz said, "The access will be developed to Staffs requirements in terms of building
a road, not building a road, graveling it, not graveling it. We will follow what your
building Code requires. As far as trips to the site, once the site has been built, there is
approximately one (1) trip per tenant a month in terms of checking up on the site and
making sure everything is good. Once a month, Vertex [Development, LLC] sends out
somebody to make sure that the locks and the fencing and the landscaping and everything
is up to par and that the paint is not chipping - those are our maintenance efforts to make
sure we keep the site up to par. As far as construction goes, it is about a sixty (60) day
process and we will have all the tenants that are co-locating on the tower have their co-
location occur during the construction of the tower verses having them build us a tower
and then having each one of them come individually afterwards to co-locate on the
tower." Continuing, Mr. Ruiz added, "The use of the generator's is very infrequent."
Mr. Stevenson displayed an aerial map of the proposed site and stated "One other
question - has to do with the Tier Two site. As I said earlier in the presentation, the City
has voted to allow an Application to move forward for a tower on the wastewater
treatment plant. That is approximately 3,500 feet to the east of this particular site. It
represents an area that is at the closest point 430 feet away from existing houses that
would be on Ironwood Court. Probably over twice the distance of this proposed facility
is. I guess if I might, I would like to ask the Applicant or the RF (Radio Frequency)
Engineers - how detrimental is a relocation of this particular site to Tier Two site 3,500
feet east on the wastewater treatment plant in terms of coverage. I looked at the pixilated
coverage maps and it appeared that they indicated areas of white and inadequate coverage
and basically for Staffs edification and possibly those in the audience, I would like to
know if that really effects the ability of the carriers to provide service to the Tuscawilla
area. "
Referring to the "Coverage Maps", Mr. Babilla said, "Our proposed site - in this area is
the water treatment plant just - a little bit east of Greenbriar [Lane] - I think that is just
past Glen Eagle right where the Sam Smith Park entrance is."
CITY OF WINTER SPRINGS, FLORIDA
UNAPPROVED MINUTES
BOARD OF ADJUSTMENT
REGULAR MEETING - JULY I 1,2007
(RESCHEDULED FROM JULY 5, 2007)
PAGE 14 OF 15
Mr. Babilla said, "If we moved it that far the center of this - ring, that would shift - as
you can see the shape of the site - that would shift that too far to the east and would open
up most of this area between - west of Tuscawilla - to close to Northern Way." Ms.
Solik asked, "Would you reject that site?" Mr. Babilla said, "I would not accept that site
as a viable candidate, just because the location pushes it over and it is pretty close to the
other sites, but the main concern would be - traveling through here, we would lose the
residential indoor coverage but even in your car, you are opening up to the similar
situation we have right now handing off to the other sites, and you could drop a call."
Mr. Stevenson said, "Again, my intent is as part of meeting the requirements of this Code
to assist the Board of Adjustment, we have to have definitive proof that the Tier Two site
is not available or not viable. Tier Two site is available, now we have to address the
question of whether or not it is a viable site."
Mr. O'Neill said, "Basically, I would have to concur with Dan [Babilla]. We have less
margin for error being at a lower site that he does. The nice thing about this particular
location, even though we have a little bit of wiggle room - it is pretty much equal
distance with the existing tower ring in the area - and it is right in the middle of where
our coverage is the worst. Referring to the multi colored map, Mr. O'Neill said,
"Basically those two (2) red spots just to the south of the proposed site is definitely the
two (2) areas that we want to most make sure that we hit and that location is ideal for
doing that. If we move 3,000 feet to the east, we won't be able to do that. If you look at
our existing coverage currently, if we move that far over, we will be getting into an area
where we have a little bit better signal already, we won't be adequately covering the
center of our worst area and it will make a potential for hand offs to fail."
Next, Mr. Johnson said, "By moving further over, it is even worse."
Furthermore, Mr. Stevenson spoke of a Letter of Intent for the Record.
Tape 2/Side B
"I WOULD LIKE TO MAKE A MOTION THAT WE APPROVE THE
APPLICANT'S REQUEST FOR THE CELL TOWER." ADVISORY BOARD
MEMBER CASMAN ADDED, "RECOMMEND TO THE CITY COMMISSION
THAT WE APPROVE IT." MOTION BY ADVISORY BOARD MEMBER
CASMAN. SECONDED BY VICE CHAIRMAN TAYLOR. DISCUSSION.
VOTE:
BOARD MEMBER COLLINS: NAY
VICE CHAIRMAN T AYLOR: AYE
CHAIRMANWATERS: NAY
BOARD MEMBER CASMAN: AYE
MOTION DID NOT CARRY.
. .
CITY OF WINTER SPRINGS, FLORIDA
UNAPPROVED MINUTES
BOARD OF ADJUSTMENT
REGULAR MEETING - JULY I I, 2007
(RESCHEDULED FROM JULY 5, 2007)
PAGE 15 OF 15
For the Record, Board Member Casman said, "It appears to me that the Applicant has
demonstrated Compliance with all the Codes and Ordinances and they do meet the third
Tier requirement." Vice Chairman Taylor said, "I agree exactly with what you just said."
Vice Chairman Taylor said, "Then maybe we should ask the Applicant if they would like
to take a look at this and come back to us with some alternative plans?" Mr. Stevenson
said, "The calendar that we are working on, we have an obligation pursuant to the
Ordinance to get this before the City Commission for a Vote one way or another prior to
September 7th [2007]."
Discussion.
Regarding sending the Agenda Packets electronically to the Board Members, Board
Member Casman said, "Personally, I think we ought to stick with killing trees." Board
Member Collins said, "I would be afraid that I would forget to check my email."
Chairman Waters said, "If we were to do it electronically, we would probably want the
City [of Winter Springs] to deliver the - already printed." Vice Chairman Taylor said, "I
vote to stick with the paper."
REGULAR AGENDA
REGULAR
600. Not Used.
ADJOURNMENT
Chairman Waters adjourned the Regular Meeting at 9:46 p.m.
RESPECTFULLY SUBMITTED:
JOAN L. BROWN
DEPUTY CITY CLERK
APPROVED:
THOMAS WATERS
CHAIRMAN, BOARD OF ADJUSTMENT
NOTE: These Minutes were approved at the
, 2007 Regular Board of Adjustment Meeting.
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