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Home My WebLink About2005 07 11 Regular Item 500- CDD Request for Binding Development Agreement w/Miller School Supply COMMISSION AGENDA ITEM 500 Consent Informational Public Hearing Regular x July 11,2005 Meeting /~ Mgr. / Authorizati n REQUEST: The Community Development Department- Planning Division requests that the City Commission consider and approve the proposed Binding Development Agreement between the City of Winter Springs and Miller School Supply. PURPOSE: The purpose of this agenda item is to request the City Commission consider a development agreement that would allow the Miller School Supply building to be built with an innovative and aesthetically pleasing sign that does not conform with the Section 20-486 (3) SR 434 Redevelopment Overlay Zoning District criteria for building mounted multi-tenant identification SIgnS. APPLICABLE REGULATIONS: Municipal Home Rule Powers Act, Section 2(b), Article VIII, Florida Constitution and Chapter 166.021, FS Section 20-321 of the City's Code of Ordinances - Administration. CONSIDERATIONS: Final engineering plans for the Miller School Supply site were approved at the May 9,2005, City Commission meeting. The applicant had also submitted an application for a waiver of the Section 20-486 building mounted multi-tenant identification sign criteria, but withdrew the application upon finding that staff could not recommend approval based on the waiver criteria set forth in Section 20-34. At the aesthetic review hearing at the June 27, 2005, City Commission meeting, the City Commission expressed an interest in allowing the applicant's proposed sign. REGULAR AGENDA ITEM 500 July 11, 2005 Page 2 of2 Since there were concerns about the waiver criteria, it was the consensus of the Commission to pursue the desired signage through a development agreement. ST AFF RECOMMENDATION: Staff requests the City Commission consider and approve the proposed Development Agreement between the City of Winter Springs and Miller School Supply. COMMISSION ACTION: ATTACHMENTS: Attachment A - Draft Development Agreement THIS INSTRUMENT WAS PREPARED BY AND SHOULD BE RETURNED TO: Anthony A. Garganese City Attorney of Winter Springs Brown, Garganese, Weiss & D' Agresta, P.A. 225 E. Robinson St., Suite A660 Orlando, FL 32801 (407) 425-9566 SIGNAGE DEVELOPMENT AGREEMENT Tms SIGNAGE DEVELOPMENT AGREEMENT (the "Agreement") is issued by the CITY OF WINTER SPRINGS, a Florida Municipal Corporation (the "City"), whose address is 1126 East S.R. 434, Winter Springs, Florida 32708, and agreed to by WAYNE AND CYNTHIA MILLER, property owners, whose address is 220 E. Tradewinds Road, Winter Springs, Florida, 32708, and MILLERS' SCHOOL SUPPLIES, a Florida limited liability company, whose address is 151 Baywood Avenue, Suite 101, Longwood, Florida 32750, (collectively the "Developer"), on this _ day of July, 2005. WITNESSETH: WHEREAS, Developer is constructing a building on real property located within the City of Winter Springs, as more particularly depicted herein (the "Subject Property"); and WHEREAS, the Subject Property is located on the south side of S.R. 434 in the S.R. 434 Redevelopment Overlay Zoning District; and WHEREAS, the Code of Ordinances of Winter Springs (the "Code"), section 20-480, sets out the applicable design standards for the Redevelopment Overlay Zoning District; and WHEREAS, section 20-486 - l.(l)(a) of the Code provides that signs and sign elements shall only advertise the name of the commercial development; and WHEREAS, pursuant to section 20-490 of the Code, Developer desires to enter into a developer's agreement with the City that will authorize the Developer to construct signage on the Subject Property that varies from the requirement set forth in Section 20-486-1(1)(a); and WHEREAS, in particular, the Developer desires to utilize a sign that contains the depiction of a school house imbedded in an apple, as more particularly depicted herein; and WHEREAS, in furtherance of the Developer's sign proposal and pursuant to section 20-490 City of Winter SpringsIMiller School Supplies Page 1 of6 of the Code, the City Commission agrees to allow the Developer to vary the terms of section 20-486 of the Code regarding sign contents, in accordance with the terms and conditions of this Agreement as stated herein. NOW THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties mutually agree to the terms and conditions set forth under this Agreement as follows: 1. Recitals. The foregoing recitals are true and correct and are hereby fully incorporated herein by this reference. 2. Authoritv. This Agreement is entered into pursuant to the Florida Municipal Home Rule Powers Act and the Code. 3. Reoresentations of DeveloDer and City. Developer and City hereby represent and warrant that Developer and City have the power and authority to execute, deliver and perform the terms and provisions of this Agreement and have taken all necessary action to authorize the execution, delivery and performance of this Agreement. 4. Subiect Prooertv. The real property subject to this Agreement is legally described in Exhibit A, which is attached hereto and incorporated herein by this reference. 5. Aooroval to Van the Standards of Section 20-486. The City Commission hereby approves the Developer to vary the standards of section 20-486 and allow the Developer to utilize the sign, as more particularly depicted herein, on the Subject Property, subject to the terms and conditions of this Agreement. Developer acknowledges that if this Agreement is ever terminated for any reason, the approval of the Developer to vary the standards of section 20-486 shall be deemed null and void and the use of the sign on the Subject Property shall no longer be permitted. 6. Develooer's Oblie:ations and Commitments. In consideration of the City entering into this Agreement with Developer, Developer agrees as follows: 6.1. Permitted Signs. The only permitted signs under this Agreement are the signs depicted on Exhibit "B" and "C" which are fully incorporated herein by this reference. The sign depicted on Exhibit "B" shall be placed on the face of the building located on the Subject Property. The sign depicted on Exhibit "C" shall be placed on the face of the monument sign located on the Subject Property. 6.2. Maintenance. Developer agrees to maintain the aforementioned signs in good repair and good aesthetic appearance at all times. 6.3. Code. The Developer agrees to follow the Code in all other respects regarding signage on the Subject Property. City of Winter SpringsIMiller School Supplies Page 2 of6 7. Transfer or Assi2llment. This Agreement is not transferable or assignable without the prior written consent of the City Commission. 8. Applicable Law: Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Venue for any state court action shall be Seminole County, Florida and Orlando, Florida for any federal court action. 9. Amendments. This Agreement shall not be modified or amended except by written agreement duly executed by all parties hereto and approved by the City Commission. 10. Entire A2reement. This Agreement supersedes any other agreement, written or oral, and contains the entire agreement between the parties as to the subject matter hereof. This Agreement shall be a binding obligation against the Subject Property upon recordation in the Seminole County Public Records. 11. Severabilitv. If any provision of this Agreement shall be held to be invalid or unenforceable to any extent by a court of competent jurisdiction, the City has the unconditional right to declare this Agreement null and void and require that the approval granted in section 5 be immediately revoked. 12. Effective Date. This Agreement shall become effective upon approval by the City Commission and execution of this Agreement by all parties hereto. 13. Relationship of the Parties. The relationship of the parties to this Agreement is contractual and Developer is not an agent of the City. Nothing herein shall be deemed to create a joint venture or principal-agent relationship between the parties, and neither party is authorized to, nor shall either party act toward third persons or the public in any manner, which would indicate any such relationship with the other. 14. Soverei2ll Immunitv. Nothing contained in this Addendum shall be construed as a waiver of the City's right to sovereign immunity under Section 768.28, Florida Statutes, or any other limitation on the City's potential liability under the state and federal law. 15. City's Police Power. Developer agrees and acknowledges that the City hereby reserves all police powers granted to the City by law. In no way shall this Agreement be construed as the City bargaining away or surrendering its police powers. 16. Third-Pam Riuts. This Agreement is not a third-party beneficiary contract and shall not in any way whatsoever create any rights on behalf of any third party. 17. Attornevs' Fees. Should the City take any action to enforce this Agreement, Developer agrees that the City shall have the right to collect reasonable prevailing party attorneys' fees and costs, through all appellate proceedings, in connection with said enforcement. City of Winter SpringsIMiller School Supplies Page 3 of6 18. DeveloDment Permits. Nothing herein shall limit the City's authority to grant or deny any development permit applications or requests subsequent to the effective date of this Agreement. The failure of this Permit to address any particular City, County, State and/or Federal permit, condition, term or restriction shall not relieve Developer of the necessity of complying with the law governing said permitting requirement, condition, term or restriction. Without imposing any limitation on the City's police powers, the City reserves the right to withhold, suspend, or terminate any and all other permits for the Subject Property until such time the work authorized or maintenance required under this Agreement has been completed to the full satisfaction of the City. IN WITNESS WHEREOF, the parties have hereunto set their hands and seal on the date first above written. CITY OF WINTER SPRINGS By: John F. Bush, Mayor ATIEST: By: Andrea Lorenzo Luaces, City Clerk APPROVED AS TO FORM AND LEGALITY For the use and reliance of the City of Winter Springs, Florida only. Date: CITY SEAL By: Anthony Garganese, City Attorney for the City of Winter Springs, Florida City of Winter SpringsIMiller School Supplies Page 4 of6 Signed, sealed and delivered in the presence of the following witnesses: Signature of Witness Printed Name of Witness Signature of Witness Printed Name of Witness Signed, sealed and delivered in the presence of the following witnesses: Signature of Witness Printed Name of Witness Signature of Witness Printed Name of Witness DEVELOPER WAYNE AND CYNTHIA MILLER, property owners, By: Wayne Miller Date: By: Cynthia Miller Date: MILLERS' SCHOOL SUPPLIES, a Florida limited liability company, By: Cynthia Miller Its: Date: City of Winter SpringsIMiller School Supplies Page 5 of6 ST ATE OF FLORIDA COUNTY OF SEMINOLE The foregoing instrument was acknowledged before me this ,200-, by WAYNE MILLER, who is personally known to me produced as identification and did take an oath. (Notary Seal) Notary Print Name: STATE OF FLORIDA COUNTY OF SEMINOLE The foregoing instrument was acknowledged before me this ,200_, by CYNTHIA MILLER, who is personally known to me produced as identification and did take an oath. (Notary Seal) Notary Print Name: STATE OF FLORIDA COUNTY OF SEMINOLE day of or has day of or has The foregoing instrument was acknowledged before me this day of ,200-, by , as of MILLERS' SCHOOL SUPPLIES, a Florida limited liability company, who is personally known to me or has produced as identification and did take an oath. (Notary Seal) Notary Print Name: City of Winter SpringsIMiller School Supplies Page 6 of6 DESCRIPTION.. FROM THE INTERSECTION OF THE SOUTHERLY RIGHT OF WAY LINE OF S.R. NO. 434, AND THE EASTERLY RIGHT OF WAY LINE OF MOSS ROAD; RUN THENCE S.88.23' 42"E. ALONG SAID SOUTHERLY RIGHT OF WAY LINE 999.34 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 1330.00 FEET; RUN THENCE EASTERLY ALONG THE ARC OF SAID CURVE AND AFORESAID SOUTHERLY RIGHT OF WAY LINE 440.15 FEET THROUGH A CENTRAL ANGLE OF 18.57'41" TO THE POINT OF TANGENCY; THENCE N. 72"38' 37"E. ALONG SAID SOUTHERLY RIGHT OF WAY LINE A DISTANCE OF 889.63 FEET FOR A POINT OF BEGINNING; THENCE CONTINUE N.72.38'37"E. A DISTANCE OF 184.27 FEET; THENCE LEAVING AFORESAID SOUTHERLY RIGHT OF WAY LINE RUN S.17"2f23ttE. A DISTANCE OF 250.00 FEET; THENCE S.72"38'37"W. A DISTANCE OF 235.02 FEET; THENCE N.02.06'02"W. 57.01 FEET; THENCE N.17"2f23t'W. 173.47 FEET; THENCE N.72.38t37"E. 35.75 FEET; THENCE N.17"21'23"W. 21.53 FEET TO THE POINT OF BEGINNING. Exhibit "A" EXHmIT B. BUILDING SIGN MAXIMUM SIGNAGE PARAMETERS @ 70% TENANT LENGTH = 24" HIGH X 31' -2" WIDE I SIGNAGE: CHANNEL LmERS "MILLERS' SUPPLIES" (RED ) SCHOOL ./ ~ ~I"'I...... 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