HomeMy WebLinkAbout2002 07 08 Public Hearings A Development Agreement
COMMISSION AGENDA
July 8. 2002
Meeting
Consent
Information
Public Hearine X
Reeular
ITEM A
MGR. ~ fDept/-
REQUEST:
Community Development Department requesting Commission consider and approve a development
agreement for a 7.561-acre tract at the northeast comer ofthe intersection of U.S. 17 - 92 and Nursery
Road.
PURPOSE:
The purpose of this Agenda Item is to request that the Commission approve a development agreement
addressing issues and concerns pertinent to rezoning the 7.561-acre tract at the northeast comer of the
intersection of U.S. 17 - 92 and Nursery Road.
APPLICABLE LAW:
Chapter 163, Florida Statutes.
FINDINGS:
1. The development agreement is authorized and written pursuant to Chapter 163, Florida Statutes.
2. Chapter 163, Florida Statutes requires the development agreement to be heard at 2 public
hearings. Each hearing must be advertised in a newspaper, approximately 7 days before each public
hearing. Abutting property owners must be notified by mail. These statutory requirements have been
met.
3. The development agreement is consistent with the City's Comprehensive Plan and Code of
Ordinances.
July 8, 2002
Public Hearing Item C
Page 2 0[2
4. The development agreement provides for reasonable use of the subject property, while addressing
issues and concerns pertinent to the present and future use of the site.
5. All affected parties have been involved in reaching a consensus on a concept of how the site will
be developed, to minimize negative affects upon adjacent residential properties, while affording the
applicant reasonable use of the property. All parties understand that phase II of the site will involve a
full scale site plan review, subject to all of the City regulations.
CONSIDERATIONS:
Staffhas attended meetings with both the applicant and area residents. Mr. Reece states that he has
attended 12 meetings with area residents. This development agreement provides adequate assurance that
rezoning the subject 7.561-acre tract to C-2 will not create or worsen the negative impact upon the
nearby residences - and, in fact, will lessen the negative impact.
This matter was deferred by the City Commission on February 11, 2002, on February 25, 2002, on
March 11,2002, and again on June 10,2002. The development agreement was approved at the first of
two (2) required public hearings on June 24, 2002.
RECOMMENDATION:
Staff recommends that the City Commission approve the attached development agreement, which
addresses future development phasing, traffic, parking, and buffering.
ATTACHMENTS:
A Development Agreement, as revised by the City Attorney.
B Notice of Public Hearing
COMMISSION ACTION:
2
'.
ATTACHMENT A
Prepared by and Return to:
Anthony A, Garganese, Cily Attorney
Brown, Ward, Salzman & Weiss, P,A,
225 E, Robinson Street, Suite 660
P,O, Box 2873
Orlando, FL 32802-2873
6/25/02
Parcel 1.0, Nos, 33-20-30-503-0000-0190
33-20-30-503-0000-019A
33-20-30-503-0000-019C
33-20-30-503-0000-019E
33-20-30-513-0000-0010
33-20-30-513-0000-0120
BINDING DEVELOPMENT AGREEMENT
THIS BINDING DEVELOPMENT AGREEMENT (herein referred to as the
"Development Agreement"), made and executed this
day of
,2002,
by and between the CITY OF WINTER SPRINGS, a Florida municipal corporation (herein
referred to as the "City"), whose address is 1126 East State Road 434, Winter Springs,
Florida, 32708, and WAYNE P. REECE, an individual (herein referred to as "Reece"),
whose address is 561 Virginia Drive, Winter Park, Florida, 32789.
WITNESSETH:
WHEREAS, Reece owns certain real property located in the City of Winter Springs,
Florida, and
WHEREAS, the Subject Property was annexed into the City of Winter Springs from
unincorporated Seminole County and Reece has petitioned to amend both the Future Land
Use (FLU) designation and zoning classification to the appropriate City designation and
classification; and
WHEREAS, Reece desires to proclaim his plans for future use of the Subject
Property, as set forth under this Development Agreement; and
1
WHEREAS, Reece acknowledges that certain building safety, parking and traffic
problems exist on the Subject Property, as well as compatibility issues with surrounding
residential uses, and proposes measures to minimize the negative impacts of these
problems and to enhance the compatibility of the Subject Property with the surrounding
residential uses; and
WHEREAS, Reece proposes to enter into this Development Agreement with the City
to permit the future development of the Subject Property while minimizing the negative
impacts and enhancing compatibility of the existing and future uses of the Subject
Property, subject to requirements of the City's Comprehensive Plan, the Code of
Ordinances, and conditions set forth in this Development Agreement; and
WHEREAS, the City finds this Development Agreement consistent with the
Comprehensive Plan and City Code of Ordinances and that approval of this Development
Agreement is a legislative act of the City Commission of the City of Winter Springs; and
WHEREAS, the City Commission further finds that this Agreement promotes the
public health, safety, and welfare and is consistent with, and an exercise of, the City's
powers under the Municipal Home Rule Powers Act, as provided in s. 2(b), Article VIII of
the Florida Constitution and Chapter 166.021, Florida Statutes, and the City's police
powers; and
WHEREAS, this Development Agreement was also adopted pursuant to the public
hearing procedures set forth in Section 163.3225, Florida Statutes, and to the extent that
the Municipal Home Rule Powers Act does not authorize any provision hereunder, said
provision shall be deemed adopted in accordance with the authority granted under
2
Sections 163.3220 -163.3243, Florida Statutes, the "Florida Local Government
Development Agreement Act."
NOW THEREFORE, in consideration of the mutual covenants and mutual benefits
herein contained, the parties agree as follows:
1. Recitals. The foregoing recitals are hereby incorporated herein by this
reference and deemed a material part of this Development Agreement.
2. Authority. This Development Agreement is entered into pursuant to the
Florida Municipal Home Rule Powers Act, Code of Ordinances of the City of Winter
Springs, and to the extent necessary, the Florida Local Government Development
Agreement Act.
3. Representations of Reece and City. Reece and City hereby represent and
warrant that Reece and City have the power and authority to execute, deliver and perform
the terms and provisions of this Development Agreement and have taken all necessary
action to authorize the execution, delivery and performance of this Development
Agreement.
4, Subiect Propertv. The real property subject to this Development Agreement
(hereinafter referred to as "Subject Property") is legally described in Exhibit "A," which
is attached hereto and incorporated herein by this reference.
5. Phased Development. Reece agrees that future development of the Subject
Property shall be in two (2) phases, as follows:
5.1 Phase I. Reece agrees to promptly commence, and fully complete
within six (6) months, the following development requirements in substantial
3
conformance with the conceptual Phase I Site Plan, which is attached hereto as
Exhibit "B," and fully incorporated herein by this reference ("Phase I Plan"):
A. Reece shall delineate and stabilize a grass parking area for
vehicles on the Subject Property which shall be located generally east of the
eastern-most existing automotive garage building and northeast of the
intersection of Nursery Road and Ridge Road.
B. Reece shall create and maintain a "no parking" zone on the
Subject Property which shall be approximately twenty (20) feet wide by two-
hundred seventy (270) feet long and generally located adjacent to Nursery
Road and depicted on the Phase II Plan described below. The zone shall
be posted and enforced as a "tow-away zone" in accordance with Section
715.07, Florida Statutes. The zone shall also be kept at all time free of
debris and obstructions of any kind.
C. Reece shall construct a six (6) foot high masonry wall, with a
twenty-five (25) foot wide vegetative buffer, along the entire north and east
boundaries of the Subject Property that abut a residential area. Said wall
shall be constructed of material and designed in a manner deemed
acceptable to the City. The location of said wall and buffer is generally
depicted on the Phase I Plan. No improvements shall be located within the
buffer area except landscaping, the wall, and a portion of the proposed
retention pond (north boundary only) as depicted on the Phase I Plan.
4
D. Reece shall construct a four (4) foot high masonry wall along
the south boundary of the Subject Property that generally runs approximately
four hundred (400) feet from Talmo Street towards Ridge Street. Said wall
shall be constructed of material and designed in a decorative manner
deemed acceptable to the City, The location of said wall is generally
depicted on the Phase I Plan. Future ingress and egress through the four
(4) foot wall may be constructed during Phase II of the development upon
approval by the City.
E. Reece shall re-stripe the parking spaces directly in front of the
existing eastern-most automotive garage building along Nursery Road to a
width of ten (10) feet each.
5.2 Phase II. Reece agrees to fully complete the following development
requirements in substantial conformance with the conceptual Phase II Site Plan
which is attached hereto as Exhibit "C," and fully incorporated herein by this
reference ("Phase II Plan").
A. Prior to final site plan approval for Phase II development,
Reece shall have prepared a written traffic study and report ("Traffic
Report") to address the development under the Phase II Plan. The Traffic
Report shall be conducted by a traffic engineer and using a methodology
deemed acceptable to the City. The Traffic Report shall be at Reece's
expense. The Traffic Report shall address and provide recommendations
5
regarding, at a minimum, traffic generation, safe and efficient traffic
movement, pedestrian safety issues, right-of-way adequacy, curb-cut
location, and the potential for on- and off-site traffic improvements. The
Traffic Report shall be subject to review and recommendation by the City's
traffic consultant. Reece agrees to reimburse the City for the actual cost of
the City's consultant's fees for providing said review and recommendation.
The final site plan for the Phase II development shall implement the
recommendations accepted by the City to the maximum extent feasible. The
parties agree to coordinate the Traffic Report with the Florida Department
of Transportation.
B. Reece shall construct the proposed Phase II buildings which
are depicted on the Phase II Plan,
C. Unless sooner required by law, the Phase II development shall
bring all the parking areas on the Subject Property into conformance with all
applicable handicapped accessibility regulations.
D. Illumination levels from the Subject Property shall not produce
off-site illumination in residential areas nor off-site illumination in excess of
0.5 foot candles in commercial/industrial areas. Flickering or intrinsically
bright sources of illumination shall be controlled so as not to be a nuisance
to surrounding areas.
6. Special Property Restrictions. Reece agrees that the Subject Property shall
be bound by the following special restrictions:t
6
6.1 Existing commercial/industrial floor area shall not be expanded on the
Subject Property, until Phase II development has received final approval by the
City. Phase II may be developed in phases.
6.2 On the eastern-most four hundred (400) feet of the Subject Property,
auto repair shops, automotive tire shops, mechanic shops, auto body shops, auto
paint shops, sheet metal shops, fabrication shops, industrial uses, and uses which
generate obnoxious odors and excessive noise shall be strictly prohibited.
6.3. Businesses operating on the eastern-most four hundred (400) feet of
the Subject Property shall limit their hours of operation between 6:00 a.m. and 9:00
p.m.
6.4 To the extent that City of Winter Springs' water and sewer service is
readily available to the Subject Project, as determined by the City, Reece shall
utilize said services. Reece shall be responsible for all fees, connection charges,
impact fees, and other fees required to be paid to obtain said services.
6.5 Reece shall fully cooperate with the City in the City's attempt to
acquire additional right-of-way in order to widen Nursery Road to a standard road
width at and near the intersection of U.S. Highway 17-92.
7. Park Property Donation. Within ninety (90) days of recording this
Development Agreement in the Public Records of Seminole County, Reece shall donate
and convey Lots 1 and 12 of Block D, Talmo Subdivision, Plat Book 9, Page 10 of the
Public Records of Seminole County for use and maintenance as a park. The closing on
said property shall be conducted by the City Attorney and each party shall bear the closing
fees that are customary for a seller and buyer under the Florida Bar Standard Real Estate
7
Sale and Purchase Agreement. The City agrees to execute I.R.S. Form 8283 to
acknowledge the donation of said real property upon proper receipt of the form from
Reece. Unless otherwise mutually agreed in writing by the parties, the City will name the
park "Diane Park."
8. Successors and AssiQns. Th is Development Agreement shall automatically
be binding upon and shall inure to the benefit of the successors and assigns of each of the
Subject Property.
9. Applicable Law. This Development Agreement shall be governed by and
construed in accordance with the laws of the State of Florida and the City of Winter
Springs.
10. Amendments. This Development Agreement shall not be modified or
amended except by written agreement executed by all parties hereto and approved by the
City Commission of the City of Winter Springs,
11. Entire Agreement. This Development Agreement supersedes any other
agreement, written or oral, and contains the entire agreement between the parties as to
the subject matter hereof,
12, Severabilitv. If any provision of this Development Agreement shall be held
to be invalid or unenforceable to any extent by a court of competent jurisdiction, the same
shall not affect in any respect the validity or enforceability of the remainder of this
Development Agreement.
13. Effective Date. This Development Agreement shall become effective upon
approval by the City of Winter Springs City Commission and execution of this Development
Agreement by all parties.
8
14. Recordation. Upon approval by the City of Winter Springs City Commission
and execution of this Development Agreement by all parties, this Development Agreement
and any amendments hereto shall be recorded by the City in the public records of
Seminole County, Florida, and shall run with the land.
15. Relationship of the Parties. The relationship of the parties to this
Development Agreement is contractual and arm's length. Reece is not an agent of the City
for any purpose. Nothing herein shall be deemed to create a partnership, or joint venture,
or principal-agent relationship among the parties, and no party is authorized to, nor shall
any party act toward third persons or the public in any manner which would indicate any
such relationship with any other party.
16. SovereiQn Immunity. Nothing contained in this Development Agreement
shall be construed as a waiver of the City's right to sovereign immunity under Section
768.28, Florida Statutes, or any other limitation on the City's potential liability under state
or federal law.
17. City's Police Power. Reece acknowledges and agrees that the City hereby
reserves all police powers granted to the City by law. In no way shall this Development
Agreement be construed as the City bargaining away or surrendering its police powers.
18. Interpretation. The parties to this Development Agreement acknowledge
and agree that all parties have participated equally in the drafting of this Development
Agreement, and no party shall be favored or disfavored regarding interpretation of this
Development Agreement in the event of a dispute between the parties.
19. Conceptual Plans; Permits. Reece acknowledges and agrees that the
Phase I and Phase II Plans are conceptual in nature and that final site plan approval is
9
required by the City before any development can lawfully commence. Furthermore, the
City may, at its discretion, require changes to the conceptual plans in order to address the
requirements of the City's Comprehensive Plan, Code of Ordinances, and the public
health, safety, and welfare. The failure of this Development Agreement to address any
particular City, county, state and federal permit, condition, term or restriction shall not
relieve Reece or the City of the necessity of complying with the law governing said
permitting requirements, conditions, term or restriction.
20. Third Party RiQhts. This Development Agreement is not a third party
beneficiary contract, and shall not in any way whatsoever create any rights on behalf of
any third party.
21. Specific Performance. Strict compliance shall be required with each and
every provision of this Development Agreement. The parties agree that failure to perform
the obligations established in this Development Agreement shall result in irreparable
damage, and that specific performance of these obligations may be obtained by suit in
equity.
22. Attorneys' Fees. In connection with any arbitration or litigation arising out
of this Development Agreement, the prevailing party shall be entitled to recover
reasonable attorney's fees and costs through all appeals to the extent permitted by law.
The City shall have the right to lien the Subject Property for any attorneys' fees and costs
awarded the City under this Development Agreement which are not timely paid by Reece.
23. Future Rezonings/Deyelopment Permits. Nothing in this Development
Agreement shall limit the City's authority to grant or deny any future rezoning or
development permit applications or requests, or the right of Reece to apply for or oppose
10
any future rezoning or development permit application subsequent to the Effective Date
of this Development Agreement. In addition, nothing herein shall be construed as granting
or creating a vested property right or interest in the Subject Property.
24. Duration. This Development Agreement shall run with the land unless
revoked or modified by Reece and the City by filing a recorded instrument of equal dignity
herewith in the public records of Seminole County, Florida.
25. Notices. All notices and correspondence shall be sent or delivered by
registered or certified mail to the parties hereto, return receipt requested, with copies
forwarded to their respective attorneys at the addresses set forth below or at such other
addresses as the parties hereto shall designate to each other in writing:
A.
If to City:
With copies to:
B.
If to Reece:
With copies to:
Mr. Ronald W. McLemore, City Manager
City of Winter Springs
1126 East State Road 434
Winter Springs, Florida 32708
Telephone: 407-327-5957
Facsimile: 407-327-4753
Anthony A. Garganese, City Attorney
Brown, Ward, Salzman & Weiss, P.A.
Post Office Box 2873
Orlando, Florida 32802-2873
Telephone: 407-425-9566
Facsimile: 407-425-9596
Mr. Wayne P. Reece
561 Virginia Drive
Winter Park, Florida 32789
Telephone: 407-647-0911
Facsimile: 407-647-6491
John A. Leklem, P.A.
5151 Adanson Street, Suite 98
Orlando, Florida 32804
Telephone: 407-628-3577
Facsimile: 407-628-2975
11
Any notice or demand so given, delivered, or made by registered or certified mail will be
deemed so given, delivered or made three (3) days after the same is deposited into a U.S.
Mail receptacle and verified, return receipt requested, addressed as above, provided with
postage thereon pre-paid. Any such notice, demand, or document not given, delivered,
or made by registered or certified mail as aforesaid shall be deemed to be given,
delivered, or made upon receipt of the same by the party to whom the same is to be given,
delivered or made.
26. Force Maieure. The parties agree that in the event that the failure by either
party to accomplish any action required hereunder within a specified time period ("Time
Period") constitutes a default under the terms of this Development Agreement and, if any
such failure is due to any unforeseeable or unpredictable event or condition beyond the
control of such party, including, but not limited to, acts of God, acts of government
authority (other than the City's own acts), acts of public enemy or war, riots, civil
disturbances, power failure, shortages of labor or materials, injunction or other court
proceedings beyond the control of such party, or severe adverse weather conditions
("Uncontrollable Event"), then notwithstanding any provision of this Development
Agreement to the contrary, that failure shall not constitute a default under this
Development Agreement and any Time Period proscribed hereunder shall be extended by
the amount of time that such party was unable to perform solely due to the Uncontrollable
Event.
27. City's RiQht to Terminate Aqreement. Failure by Reece to perform each
and everyone of its obligations hereunder shall constitute a default, entitling the City to
pursue whatever remedies are available to it under Florida law or equity including, without
12
limitation, an action for specific performance and/or injunctive relief or alternatively, the
termination of this Development Agreement. Prior to the City filing any action or
terminating this Development Agreement as a result of a default under this Development
Agreement, the City shall first provide Reece with written notice of said default. Upon
receipt of said notice, Reece shall be provided a thirty (30) day opportunity in which to
cure the default to the reasonable satisfaction of the City prior to filing said action or
terminating this Development Agreement. If thirty (30) days is not a reasonable period in
which to cure the default, the cure period shall be extended to a reasonable cure period
mutually acceptable to the City and Reece, but in no case shall that cure period exceed
one-hundred twenty (120) days. Upon termination of the Development Agreement, Reece
shall immediately lose all rights and privileges granted hereunder.
IN WITNESS WHEREOF, the parties have executed this Development Agreement
as of the date first written above.
ATTEST:
CITY OF WINTER SPRINGS,
a Florida Municipal Corporation:
By:
By:
ANDREA LORENZO-LUACES
City Clerk
PAUL P. PARTYKA
Mayor
WAYNE P. REECE,
an individual:
WITNESSES:
By:
WAYNE P. REECE
Date:
13
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this _ day of , 2002,
by Wayne P. Reece, [ ] who is personally known to me, or [ ] who has produced
as identification.
(SEAL)
NOTARY PUBLIC, State of Florida
My commission expires:
14
ATTACHMENT B
)
j
NOTICE OF DEVELOPMENT AGREEMENT
THE CITY OF WINTER SPRINGS
PROPOSES TO ADOPT A DEVELOPMENT AGREEMENT
A DEVELOPMENT AGREEMENT BE1WEEN. THE CITY OF WINTER
SPRINGS, FLORIDA, AND MR. WAYNE PHIlLIP REECE, THE OWNER OF
APPROXIMATELY 7.56 ACRES OF REAL PROPERTY GENERALLY
LOCATED ON BOTH THE NORTH AND SOUTH SIDE OF NURSERY
ROAD EAST OF U.S. HIGHWAY 17-92, IN SECTION 33, TOWNSHIP 20 S.,
RANGE 30 E., OF SEMINOLE COUNTY, FLORIDA. THE DEVELOPMENT
AGREEMENT ADDRESSES PRESENT AND FUTURE DEVELOPMENT OF
THE SITE, ALLOWING FOR A VARIETY OF COMMERCIAL USES,
INCLUDING, BUT NOT LIMITED TO A SANWICH SHOP, RETAIL,
AUTOMOTIVE USES AND A POCKET PARK. THE EXISTING
RESIDENTIAL USES ON THE SITE WILL BE PHASED OUT. NO
BUILDING SHAlL EXCEED SO FEET IN HEIGHT. DENSITY SHALL NOT
EXCEED A 0.5 FLOOR AREA RATIO.
EXHIBIT "A"
J
------------
-~
.,
Ii,'
"
SUBJECT
PROPERTY
lit.
ll.
U:\DocslwordlNursery.OAAdvertisemenlJuly6.doc
t
.,
A PUBLIC HEARING
ON THE ORDINANCES WILL BE
HELD ON JULY 8, 2002 AT 6:30 P.M.
AT THE CITY COMMISSION CHAMBERS
LOCATED AT
1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA
The proposed development agreement may be inspected by interested parties between 8 a.m. and
5 p.m., Monday through Friday, at the City's Clerk's Office, located at 1126 East State Road 434,
Winter Springs, Florida. For more information call (407) 327-1800, Extension 227. Persons with
disabilities needing assistance to participate in any of these proceedings should contact the
Employee Relations Department Coordinator, 48 hours in advance of the meeting at (407) 327-
1800, Extension 236. This is a public hearing. If you decide to appeal any
recommendation/ decision made by the City Commission with respect to any matter considered at
this meeting, you will need a record of the proc~edings, and for such purposes, you may need to
ensure that a verbatim record of the proceedings is made upon which the appeal is based.
Andrea Lorenzo-Luaces
City Clerk
..-.
JOHN A. LEKLEM, P.A.
Attomey at Law
JALeklem @AOL.COM
5151 Adanson Street, Suite 98
Orlando, Florida 32804
Telephone 407-628-3577
Facsimile 407-628-2975
August 1, 2002
Anthony A. Garganese, Esquire
BROWN, WARD, SALZMAN & WEISS, P.A.
Post Office Box 2873
Orlando, FL 32802-2873
Re: Development Agreement between City of Winter Springs and Wayne P. Reece
Dear Mr. Garganese:
Enclosed is the original executed Binding Development Agreement. Once the original has
been executed by Mayor Partyka please provide the undersigned with a copy since the effective date
triggers certain time periods for Mr. Reece. Once this Agreement has been recorded, it is requested
that you provide a copy of the recorded Agreement also. In addition, once the Agreement has been
fully executed, it is requested that you prepare and forward a Florida Bar Standard Real Estate Sale
and Purchase Agreement concerning the park property donation.
If there is anything further required of Mr. Reece at the present time, please advise.
~JI~ ~ ot-
y
'2/( >- (0::L - ~
lfy;..~ ~ -A/~ ~
~ JJ2- ~...j ~ J
John . Leklem
JAL/cj
Ene.: Executed Binding Development Agreement
cc: Phil Reece
BROWN, WARD, SALZMAN & WEISS, P.A.
Attorneys at Law
Usher L. Brown ·
Suzanne D'AgrestaC
Anthony A. GarganeseC
Gary S. Salzmano
John H. Ward ·
Jeffrey S. Weiss
Offices in Orlando, Kissimmee,
Cocoa & Viera
Debra S. Babb
Jeffrey P. Buak
Todd K. Norman
John U. Biedenharn, Jr.
Joseph E. Blitch
Jennifer A. Michael
Michelle A. Reddin
Vincent E. Scarlatos
.Board Certified Civil Trial Lawyer
OBoard Certified Business Litigation Lawyer
cBoard Certified City, County & Local Government Law
Erin J. O'Leary
Of Counsel
January 13, 2003
Andrea Lorenzo-Luaces, City Clerk
City of Winter Springs
1126 East State Road 434
Winter Springs, FL 32708
Re: City of Winter Springs / Wayne P. Reece
Binding Development Agreement / Our File # 1193
Dear Andrea:
Enclosed please find the original recorded Binding Development Agreement
between Wayne P. Reece and the City of Winter Springs. This document is being
forwarded to your office for safekeeping.
Anthony A. Garganese
City Attorney
AAG:jf
Enclosure
Reece Binding Development Agreement
225 East Robinson Street, Suite 660 . P.O. Box 2873. Orlando, Florida 32802-2873
Orlando (407) 425-9566 Fax (407) 425-9596. Kissimmee (321) 402-0144. Cocoa & Viera (866) 425-9566
Website: W'IWI.orlandolaw.net . Email: firm@orlandolaw.net
..11111111 RI1I......IIIII.......UIIIII- -..--
, , ",
a It. ,.
'. ,
MARYANNE MORSE, ClERK OF CIRCUIT COURT
SEMINOLE COUNTY
BK 04522 PG 1817
CLERK'S * 2002940345
RECORDED 09/16/2002 02:30:22 PM
RECORDING FE~S 64.50
RECORDED BY G Harford
. P~pared by and Return to:
@,AnthonYA.Garganese'CityAttorneY
Brown, Ward, Salzman & Weiss, PA
225 E, Robinson Street, Suite 660
P.O, Box 2873
Orlando, Fl 32802-2873
Parcell.D, Nos, 33-20-30-503-0000-0190
33-20-30-503-0000-019A
33-20-30-503-0000-019C
33-20-30-503-0000-019E
33-20-30-513-0000-0010
33-20-30-513-0000-0120
BINDING DEVELOPMENT AGREEMENT
THIS BINDING DEVELOPMENT AGREEMENT (herein referred to as the
"Deyelopment Agreement"), made and executed this ~ day of fh.(p,usr, 2002,
by and between the CITY OF WINTER SPRINGS, a Florida municipal corporation (herein
referred to as the "City"), whose address is 1126 East State Road 434, Winter Springs,
Florida, 32708, and WAYNE P. REECE, an individual (herein referred to as "Reece"),
whose address is 561 Virginia Drive, Winter Park, Florida, 32789.
WITNESSETH:
WHEREAS, Reece owns certain real property located in the City of Winter Springs,
Florida, and
WHEREAS, the Subject Property was annexed into the City of Winter Springs from
unincorporated Seminole County and Reece has petitioned to amend both the Future Land
Use (FLU) designation and zoning classification to the appropriat~ C(ty.designation and
, . '. \ l" 0;;. ~, . , ~ 1! 1.. ~ ~:t
classification; and
~ ". . ,.... . '" '" ':.;;.. -, :- I .: .:~\ .'1".
,., ' ...:: \.~ .-'
't.. "I.A.'
WHEREAS, Reece desires to proclaim his plans for.,.f.utu~ellu.se..o.f:"the S,wQje~tICIQ~U
Property, as set forth under this Development Agreement; fliItlllll..Il..III11I1.--------. '.'
MARYANNE MORSE, a.ERK CF CIRCUIT COORT
SEMINOLE COONTY
BK 04543 PG 1742
CLERK'S * 2002950380
RECORDED 10102/2002 11105143 AM
RECORDING FEES 78.00
RECORDED BY M Nolden
1
1 l J r. 1,",1
FILE NUM 2002940345
OR BOOK 04522 PAGE 1818
WHEREAS, Reece acknowledges that certain building safety, parking and traffic
problems exist on the Subject Property, as well as compatibility issues with surrounding
residential uses, and proposes measures to minimize the negative impacts of these
problems and to enhance the compatibility of the Subject Property with the surrounding
residential uses; and
WHEREAS, Reece proposes to enter into this Development Agreement with the City
to permit the future development of the Subject Property while minimizing the negative
impacts and enhancing compatibility of the existing and future uses of the Subject
Property, subject to requirements of the City's Comprehensive Plan, the Code of
Ordinances, and conditions set forth in this Development Agreement; and
WHEREAS, the City finds this Development Agreement consistent with the
Comprehensive Plan and City Code of Ordinances and that approval of this Development
Agreement is a legislative act of the City Commission of the City of Winter Springs; and
WHEREAS, the City Commission further finds that this Agreement promotes the
public health, safety, and welfare and is consistent with, and an exercise of, the City's
powers under the Municipal Home Rule Powers Act, as provided in s. 2(b), Article VII' of
the Florida Constitution and Chapter 166.021, Florida Statutes, and the City's police
powers; and
WHEREAS, this Development Agreement was also adopted pursuant to the public
hearing procedures set forth in Section 163.3225, Florida Statutes, and to the extent that
the Municipal Home Rule Powers Act does not authorize any provision hereunder, said
provision shall be deemed adopted in accordance with the authority granted under
2
Oil
;:01"'4
j'
r:Dm
o
oz
^C
3:
o
~ rv
UtO
~o
w rv
..0
UI
o
"Ow
DC)
mo
m
....
-..J
~
W
. .
, .
, . If
FILE NUM 2002940345
OR BOOK 04522 PAGE 1819
Sections 163.3220 -163.3243, Florida Statutes, the "Florida Local Government
Development Agreement Act."
NOW THEREFORE, in consideration of the mutual covenants and mutual benefits
herein contained, the parties agree as follows:
1. Recitals. The foregoing recitals are hereby incorporated herein by this
reference and deemed a material part of this Development Agreement.
2. Authority. This Development Agreement is entered into pursuant to the
Florida Municipal Home Rule Powers Act, Code of Ordinances of the City of Winter
Springs, and to the extent necessary, the Florida Local Government Development
Agreement Act.
3. Representations of Reece and City. Reece and City hereby represent and
warrant that Reece and City have the power and authority to execute, deliver and perform
the terms and provisions of this Development Agreement and have taken all necessary
action to authorize the execution, delivery and performance of this Development
Agreement.
4. Subiect Property. The real property subject to this Development Agreement
(hereinafter referred to as "Subject Property") is legally described in Exhibit "A," which
is attached hereto and incorporated herein by this reference.
5. Phased Deyelopment. Reece agrees that future development of the Subject
Property shall be in two (2) phases, as follows:
5.1 Phase I. Reece agrees to promptly commence, and fully complete
within six (6) months, the following development requirements in substantial
3
OTl
;0....
r-
I:Dm
o
OZ
,::C
3:
o
~I'\)
UlO
~o
WI'\)
I.D
UI
o
"Ow
1)Q:)
(;)0
rn
...
....,
~
~
. I I,
, ,
FILE NUM 2002940345
OR BOOK 04522 PAGE 1820
conformance with the conceptual Phase I Site Plan, which is attached hereto as
Exhibit "8," and fully incorporated herein by this reference ("Phase I Plan"):
A. Reece shall delineate and stabilize a grass parking area for
vehicles on the Subject Property which shall be located generally east of the
eastern-most existing automotive garage building and northeast of the
intersection of Nursery Road and Ridge Road.
B. Reece shall create and maintain a "no parking" zone on the
Subject Property which shall be approximately twenty (20) feet wide by two-
hundred seventy (270) feet long and generally located adjacent to Nursery
Road and depicted on the Phase /I Plan described below. The zone shall
be posted and enforced as a "tow-away zone" in accordance with Section
715.07, Florida Statutes. The zone shall also be kept at all time free of
debris and obstructions of any kind.
C. Reece shall construct a six (6) foot high masonry wall, with a
twenty-five (25) foot wide vegetative buffer, along the entire north and east
boundaries of the Subject Property that abut a residential area. Said wall
shall be constructed of material and designed in a manner deemed
acceptable to the City. The location of said wall and buffer is generally
depicted on the Phase I Plan. No improvements shall be located within the
buffer area except landscaping, the wall, and a portion of the proposed
retention pond (north boundary only) as depicted on the Phase I Plan.
4
O'l1
::0....
r-
an"
o
oz
~c::
03
~I'\)
tIlO
~O
wI'\)
..0
tJl
o
'Ow
J:l(D
Ci)O
m
....
"'-I
~
tJl
. I, , ','I'
FILE NUM 2002940345 1821
OR BOOK 04522 PAGE
D.
Reece shall construct a four (4) foot high masonry wall along
the south boundary of the Subject Property that generally runs approximately
four hundred (400) feet from Talmo Street towards Ridge Street. Said wall
shall be constructed of material and designed in a decorative manner
deemed acceptable to the City. The location of said wall is generally
depicted on the Phase I Plan. Future ingress and egress through the four
(4) foot wall may be constructed during Phase II of the development upon
approval by the City.
E. Reece shall re-stripe the parking spaces directly in front of the
existing eastern-most automotive garage building along Nursery Road to a
width of ten (10) feet each.
5.2 Phase II. Reece agrees to fully complete the following development
requirements in substantial conformance with the conceptual Phase II Site Plan
which is attached hereto as Exhibit "C," and fully incorporated herein by this
reference ("Phase II Plan").
A. Prior to final site plan approval for Phase II development,
Reece shall have prepared a written traffic study and report ("Traffic
Report") to address the development under the Phase II Plan. The Traffic
Report shall be conducted by a traffic engineer and using a methodology
deemed acceptable to the City. The Traffic Report shall be at Reece's
expense. The Traffic Report shall address and provide recommendations
5
O'T\
;0....
j'
lJ:Im
8z
~c:
3:
o
~N
UtO
~o
WN
r.D
U1
o
'Ow
DCD
mo
m
....
....,
~
(Tl
I, I '0'
FILE NUM 2002940345
OR BOOK 04522 PAGE 1822
regarding, at a minimum, traffic generation, safe and efficient traffic
movement, pedestrian safety issues, right-of-way adequacy, curb-cut
location, and the potential for on- and off-site traffic improvements. The
Traffic Report shall be subject to review and recommendation by the City's
traffic consultant. Reece agrees to reimburse the City for the actual cost of
the City's consultant's fees for providing said review and recommendation.
The final site plan for the Phase " development shall implement the
recommendations accepted by the City to the maximum extent feasible. The
parties agree to coordinate the Traffic Report with the Florida Department
of Transportation.
B. Reece shall construct the proposed Phase" buildings which
are depicted on the Phase II Plan.
C. Unless sooner required by law, the Phase" development shall
bring all the parking areas on the Subject Property into conformance with all
applicable handicapped accessibility regulations.
D. Illumination levels from the Subject Property shall not produce
off-site illumination in residential areas nor off-site illumination in excess of
0.5 foot candles in commercial/industrial areas. Flickering or intrinsically
bright sources of illumination shall be controlled so as not to be a nuisance
to surrounding areas.
6. Special Property Restrictions. Reece agrees that the Subject Property shall
be bound by the following special restrictions:
6
0"
;0....
I
o::Jm
o
oz
AC
3
o
~N
uto
~o
WN
l.O
ut
o
"tIW
I) (X)
mo
m
-
.....,
~
.....,
, I I . j
FILE NUM 2002940345
OR BOOK 04522 PAGE 1823
6.1
Existing commercial/industrial floor area shall not be expanded on the
Subject Property, until Phase /I development has received final approval by the
City. Phase /I may be developed in phases.
6.2 On the eastern-most four hundred (400) feet of the Subject Property,
auto repair shops, automotive tire shops, mechanic shops, auto body shops, auto
paint shops, sheet metal shops, fabrication shops, industrial uses, and uses which
generate obnoxious odors and excessive noise shall be strictly prohibited.
6.3. Businesses operating on the eastern-most four hundred (400) feet of
the Subject Property shall limit their hours of operation between 6:00 a.m. and 9:00
p.m.
6.4 To the extent that City of Winter Springs' water and sewer service is
readily available to the Subject Project, as determined by the City, Reece shall
utilize said services. Reece shall be responsible for all fees, connection charges,
impact fees, and other fees required to be paid to obtain said services.
6.5 Reece shall fully cooperate with the City in the City's attempt to
acquire additional right-of-way in order to widen Nursery Road to a standard road
width at and near the intersection of U. S. Highway 17-92.
7. Park Property Donation. Within ninety (90) days of recording this
Development Agreement in the Public Records of Seminole County, Reece shall donate
and convey Lots 1 and 12 of Block D, Talmo Subdivision, Plat Book 9, Page 10 of the
Public Records of Seminole County for use and maintenance as a park. The closing on
said property shall be conducted by the City Attorney and each party shall bear the closing
fees that are customary for a seller and buyer under the Florida Bar Standard Real Estate
7
0"
;0....
r-
CJ:lm
o
0%
^C
3:
o
~ rv
UlO
~o
w rlJ
..0
Ul
o
"Ow
1)1))
CilO
m
.....
""
~
Q)
. I
FILE NUM 2002940345
OR BOOK 04522 PAGE 1824
Sale and Purchase Agreement.
The City agrees to execute I.R.S. Form 8283 to
acknowledge the donation of said real property upon proper receipt of the form from
Reece. Unless otherwise mutually agreed in writing by the parties, the City will name the
park "Diane Park."
8. Successors and AssiQns. This Development Agreement.shall automatically
be binding upon and shall inure to the benefit of the successors and assigns of each of the
Subject Property.
9. Applicable Law. This Development Agreement shall be governed by and
construed in accordance with the laws of the State of Florida and the City of Winter
Springs.
10. Amendments. This Development Agreement shall not be modified or
amended except by written agreement executed by all parties hereto and approved by the
City Commission of the City of Winter Springs.
11. Entire AQreement. This Development Agreement supersedes any other
agreement, written or oral, and contains the entire agreement between the parties as to
the subject matter hereof.
12. Seyerability. If any provision of this Development Agreement shall be held
to be invalid or unenforceable to any extent by a court of competent jurisdiction, the same
shall not affect in any respect the validity or enforceability of the remainder of this
Development Agreement.
13. Effectiye Date. This Development Agreement shall become effective upon
approval by the City of Winter Springs City Commission and execution of this Development
Agreement by all parties.
8
0."
::o~
,-
a:lm
o
oz
AC
::i
o
~N
UlO
~O
(..,IN
IJ)
tJ1
o
'Ow
DO;)
mo
m
....
......
~
...0
" ,
FILE NUM 2002940345
OR BOOK 04522 PAGE 1825
14.
Recordation. Upon approval by the City of Winter Springs City Commission
and execution of this Development Agreement by all parties, this Development Agreement
and any amendments hereto shall be recorded by the City in the public records of
Seminole County, Florida, and shall run with the land.
15. Relationship of the Parties. The relationship of the parties to this
Development Agreement is contractual and arm's length. Reece is not an agent of the City
for any purpose. Nothing herein shall be deemed to create a partnership, or joint venture,
or principal-agent relationship among the parties, and no party is authorized to, nor shall
any party act toward third persons or the public in any manner which would indicate any
such relationship with any other party.
16. SoyereiQn Immunity. Nothing contained in this Development Agreement
shall be construed as a waiver of the City's right to sovereign immunity under Section
768.28, Florida Statutes, or any other limitation on the City's potential liability under state
or federal law.
17. City's Police Power. Reece acknowledges and agrees that the City hereby
reserves all police powers granted to the City by law. In no way shall this Development
Agreement be construed as the City bargaining away or surrendering its police powers.
18. Interpretation. The parties to this Development Agreement acknowledge
and agree that all parties have participated equally in the drafting of this Development
Agreement, and no party shall be favored or disfavored regarding interpretation of this
Development Agreement in the event of a dispute between the parties.
19. Conceptual Plans; Permits. Reece acknowledges and agrees that the
Phase I and Phase II Plans are conceptual in nature and that final site plan approval is
9
0"1'\
;01"'1
r-
tDm
o
oz
~c:
3:
o
~N
CJ10
~o
WN
U)
tJ1
o
"Ow
DCD
CiJO
m
~
......
tJ1
o
..." ..... ,..:.
FILE NUM 2002940345
OR BOOK 04522 PAGE 1826
required by the City before any development can lawfully commence. Furthermore, the
City may, at its discretion, require changes to the conceptual plans in order to address the
requirements of the City's Comprehensive Plan, Code of Ordinances, and the public
health, safety, and welfare. The failure of this Development Agreement to address any
particular City, county, state and federal permit, condition, term or restriction shall not
relieve Reece or the City of the necessity of complying with the law governing said
permitting requirements, conditions, term or restriction.
20. Third Party RiQhts. This Development Agreement is not a third party
beneficiary contract, and shall not in any way whatsoever create any rights on behalf of
any third party.
21. Specific Performance. Strict compliance shall be required with each and
every provision of this Development Agreement. The parties agree that failure to perform
the obligations established in this Development Agreement shall result in irreparable
damage, and that specific performance of these obligations may be obtained by suit in
equity.
22. Attorneys' Fees. In connection with any arbitration or litigation arising out
of this Development Agreement, the prevailing party shall be entitled to recover
reasonable attorney's fees and costs through all appeals to the extent permitted by law.
The City shall have the right to lien the Subject Property for any attorneys' fees and costs
awarded the City under this Development Agreement which are not timely paid by Reece.
23. Future RezoninQs/Deyelopment Permits. Nothing in this Development
Agreement shall limit the City's authority to grant or deny any future rezoning or
development permit applications or requests, or the right of Reece to apply for or oppose
10
0"
:;eM
r-
CDm
8z
,::c:
::I
o
~N
tIlO
~o
w r~
~
tIl
o
"Ow
:D(J)
ClO
m
.-
.....,
tIl
.-
"
.... ,t, ,_,
FILE NUM 2002940345
OR BOOK 04522 PAGE 1827
any future rezoning or development permit application subsequent to the Effective Date
of this Development Agreement. In addition, nothing herein shall be construed as granting
or creating a vested property right or interest in the Subject Property.
24. Duration. This Development Agreement shall run with the land unless
revoked or modified by Reece and the City by filing a recorded instrument of equal dignity
herewith in the public records of Seminole County, Florida.
25. Notices. All notices and correspondence shall be sent or delivered by
registered or certified mail to the parties hereto, return receipt requested, with copies
forwarded to their respective attorneys at the addresses set forth below or at such other
addresses as the parties hereto shall designate to each other in writing:
A.
If to City:
Mr. Ronald W. McLemore, City Manager
City of Winter Springs
1126 East State Road 434
Winter Springs, Florida 32708
Telephone: 407-327-5957
Facsimile: 407-327-4753
With copies to:
Anthony A. Garganese, City Attorney
Brown, Ward, Salzman & Weiss, P.A.
Post Office Box 2873
Orlando, Florida 32802-2873
Telephone: 407-425-9566
Facsimile: 407-425-9596
B.
If to Reece:
Mr. Wayne P. Reece
561 Virginia Drive
Winter Park, Florida 32789
Telephone: 407-647-0911
Facsimile: 407-647-6491
With copies to:
John A. Leklem, P.A.
5151 Adanson Street, Suite 98
Orlando, Florida 32804
Telephone: 407-628-3577
Facsimile: 407-628-2975
11
Oil
::0...
r
~m
8z
,::c:
3
o
.J:'I\)
U10
.J:'O
WI\)
\D
U1
o
'UW
DCtl
mo
m
~
....
U1
I\)
. I, .
~.. I J. ......
FILE NUM 2002940345
OR BOOK 04522 PAGE 1828
Any notice or demand so given, delivered, or made by registered or certified mail will be
deemed so given, delivered or made three (3) days after the same is deposited into a U.S.
Mail receptacle and verified, return receipt requested, addressed as above, provided with
postage thereon pre-paid. Any such notice, demand, or document not given, delivered,
or made by registered or certified mail as aforesaid shall be deemed to be given,
delivered, or made upon receipt of the same by the party to whom the same is to be given,
delivered or made.
26. Force Maieure. The parties agree that in the event that the failure by either
party to accomplish any action required hereunder within a specified time period ("Time
Period") constitutes a default under the terms of this Development Agreement and, if any
such failure is due to any unforeseeable or unpredictable event or condition beyond the
control of such party, including, but not limited to, acts of God, acts of government
authority (other than the City's own acts), acts of public enemy or war, riots, civil
disturbances, power failure, shortages of labor or materials, injunction or other court
proceedings beyond the control of such party, or severe adverse weather conditions
("Uncontrollable Event"), then notwithstanding any provision of this Development
Agreement to the contrary, that failure shall not constitute a default under this
Development Agreement and any Time Period proscribed hereunder shall be extended by
the amount of time that such party was unable to perform solely due to the Uncontrollable
Event.
27. City's Right to Terminate Aqreement. Failure by Reece to perform each
and everyone of its obligations hereunder shall constitute a default, entitling the City to
pursue whatever remedies are available to it under Florida law or equity including, without
12
0"
;:0....
r-
g:lm
Oz
Oc:
~%
o
.r.- ru
U10
.r.-O
WI'\)
\D
UI
o
"W
Del)
CUO
rn
....
-..j
UI
W
~
. . '.. . I, ."
FILE NUM 2002940345
OR BOOK 04522 PAGE 1829
limitation, an action for specific performance and/or injunctive relief or alternatively, the
termination of this Development Agreement. Prior to the City filing any action or
terminating this Development Agreement as a result of a default under this Development
Agreement, the City shall first provide Reece with written notice of said default. Upon
receipt of said notice, Reece shall be provided a thirty (30) day opportunity in which to
cure the default to the reasonable satisfaction of the City prior to filing said action or
terminating this Development Agreement. If thirty (30) days is not a reasonable period in
which to cure the default, the cure period shall be extended to a reasonable cure period
mutually acceptable to the City and Reece, but in no case shall that cure period exceed
one-hundred twenty (120) days. Upon termination of the Development Agreement, Reece
shall immediately lose all rights and privileges granted hereunder.
IN WITNESS WHEREOF, the parties have executed this Developmet;ltAgreement
,f' ,,:";R'i. >.<'.';',_;'_
1 -fi~' ~1 '. '
as of the date first written above.
ATTEST:
By:
ZO-LUACES
By:
Date:
CJ8 It:; I /0"2.-
I I
13
0"
;:OM
r-
o:Jm
o
oz
~c:
x
o
.Jl'1\)
U10
.Jl'O
WI\)
l.D
tJl
o
l)W
DCJ:l
mo
m
.....
.....
tJl
.Jl'
~'TATE OF F~RIDA
COUNTY OF~ "'1'
The foregoing instrument was acknowledged before me this / ~ay of ()UA . , 2002,
by Wayne P. Reece, [vf who is personally known to me, or [ ] Wh~oduced
as identification.
~~,,:~:
My commission expires: II-~-o:s-
.-l _f"1
(SEAL)
~ a\. ChelYl A Jeffefs
. ~ . My CommIsslon 00075041
~Q;~ Exp!resNovember28,200S
FILE NUM 2002940345
OR BOOK 04522 PAGE 1830
14
0."
:0....
j"
cpm
o
oz
^C:
:I
o
~ru
tIIO
~O
wru
~
tII
o
'Ow
DO)
mo
m
...
"
tII
tII
.' .
EXHIBIT "A"
Legal Description
Lot 19 -and the westerly one-half of Grace Avenue abutting Lot 19,
ENTZMINGER FARMS ADDITION NO.3, as recorded in Plat Book 6, Page
27, Public Records of Seminole County, Florida.
Parcel #1: Westerly 500 feet of Lot 19 (less southerly 165 feet and southerly
235 feet of westerly 170 feet) ENTZMINGER FARMS ADDITION NO.3,
according to the plat thereof recorded among the Public Records of Seminole
County, Florida.
Parcel #2: That part of Lot 19, ENTZMINGER FARMS ADDITION NO.3,
recorded in Plat Book 6, Page 27, of the Public Records of Seminole County,
Florida, and being more particularly described as follows: Commence at the
northwest corner of said Lot 19, thence N84009'38"E, 500.00 feet along the
north line of said Lot 19 for a Point of Beginning; thence S05050'30"W, 156.11
feet along a line parallel with and 500.00 feet easterly of the westerly line of
said Lot 19, said 500.00 feet being measured along the north line and along the
south line of said Lot 19, thence N85030'33"E, 31.91 feet; thence N05056'57"W,
153.63 feet to the Point of Beginning.
Parcel #3: Northerly 70 feet of southerly 235 feet of westerly 170 feet of Lot 19,
ENTZMINGER FARMS ADDITION NO.3, according to the plat thereof as
recorded in Plat Book 6, Page 27, Public Records of Seminole County, Florida.
Lots 1 and 12, Block D, TALMO SUBDIVISION, Plat Book 9, Page 10.
Oil
:;0....
r-
o:Jm
o
oz
;J::C:
3:
o
~N
tJlO
~o
WN
IJ)
tJl
o
'Ow
DCJ:l
GlO
m
....
-..,J
Ul
O'l
,.
.
I CIII:!
I -r"" ~-
d"'''''"(''/~ it ~- '11
~~ ~!1i.J~-iId-0~~\$t 1~'1 :_-+. .
t =T:j - - I~::-, ' fl., \ ~\
- "I ~ -- I \ _ \ I
,~ I ..~~;.";:,,, \ 11l;;~-t' ~'-:~7 ~
- \ , Ii,a B; -\ _ \1
I _ _ ,;f'l1 ~\ ~!\ ;<1".i
, ,}r .-'.,. - -~. .t'II-_-'I i' f f I ~
\ \ \ \ \ I ~ f' li\f"",-\ I \\ L~f IJ
In L~ t~V \1
.' "'\.i~~\~~J~~r~1 t=~t'=~1
~~ _ _ .J -:)1 'i / k I I.:
~~ I -.AI ..J.., f'Ii _" 1'1\
!1I - - -I ~:) olio ... '. f* IS' I II
t_-~ :~ l~,~~JP
__L_.J ::Jl~~yr L~~l\ I
~ I ,.....: / f\lL \
- 4~ - -I ,:k-,:~~~y' !Y
t~ ,,\~ A \ {( \ a:f'; -:I \
1-\--' :,,~~\~.. I .\J~~ 1!\
'" _ _ .J _ j. ,,,'~.J... _ _ -{
~- \ :A~ \~-~-JI
,,----; -41\ ? I 1
~ I - J'" ... f* 1:
~---' ~3\f* iIr~/ \ ~
... ... '" ":;.11... It I iIr \ ~
" ... P. h ij ~\ ::1 k _..:. 1.( - 1 ~ "\
~ "'--_\'~\ r..,.., .... 'i!.J \ i\l
.;,:' :.\~ L~'J.r,-~- " ~___
~ ~AltCEL ~ ~ It:
" ~ ~.- -... '" '" t ~
~ '<1 (!J ill" ~~
~ ~ ~ Ii
'" ~
{'l ~'~
j
'~
I = ~
" ~ ,
.. , ~ i~
" ~ '~
~
- ~ ill
Ii!
'~ " ~
~ i
~' ~
t --.~
~ ~ a
,
"
EXHIBIT "B"
~H~"'Q"#
- - - - - . ::.. -....", I
,. ---r~--f>.---..-___
)o'Ir-.-
..
i~a
~ij~
~~
~;~
...,~
q
~
~ ~
!; ~
.. "l
P
~ I
Ii
,
i
.-\-.-
t
i
G
(!J "
"
"
Ii
..
~
~ ... ~
J
~" (!J
fl'll'lf1
(:; ~'
iIr fs "
,
.
~
.
,
"
.~
. ~_$T.1!W \
50"~ -~
.,~~ di
/<'
\./'1fS'
f!>
.
"
~
:;;~
~
~
I
f--"
o
to-+,
f--"
U't RICHARD M. LABINSKY. P.E..INC.
.:r ConllulLlng; En&lne-erlng; Service - EB~OOO"l"a3e
m :108 Ee.Gex Drtve
rr1 Lone-ood. Plorlcle a2?79
-l Ph. (40"") ')'66~3667/FAX (40')') ')'e6-60eg
REEce PROPERTY
z
a
PHIL REECE
CI'O Roe_r Allon L_Jben S. AD80cJaleJill
el00 w..t S.R. 434. 81(18. 1176. St._. 200
Lon<<_qood. P'IQrldn. 321'''79
Ph. (.0"") "166-"76"'6
FiNAL SiTe PLAN
PHAse i
LEGIBILITY Ui~SATlSfAClQR't
FOR SCANNING
l
..
Ii
\
..
i
~
a
~
~
i
~
~~
~
~
ZO&-~__
~~
R ·
!< A
~15 ~
10 >: .
~ ~
"
,j..
~
~
~
DUEl
10/20/00
PACUHQ,
200910
".,,<tOo
R.N.L.
01Y Ct*W[]l(JS "1101
DATu MQ. R(V!'>lOWS OCSCRP1101t I" Q. 40'
0."
:OM
r-
~rn
oz
~c:
3:
o
~N
tII0
~O
WN
..0
UI
o
'Ow
B~
rn
...
....,
tII
....,
...
...
0
::
I-
-
~ m
-
0 J:
t; X
< w
u....
en
i=
<C
en
z
=:;:)
~
:J
CO
;
f:'~DTO
FILE NUM
OR BOOK
2002950380
04543 PAGE
t
.., '"
JA1 U
..
eo
Sf:..ur~
SINGLt:....~JO'RC$JlJ.
RE1N!~MfOOAL
5CC.LRCE.:SO C.TWP.I!O S
LOCATION A1AP
~ oS. r:rJItIVEPCW.
/
,."" or l(Jf d.C~lllOO' rNfl/S Jaj1tJ/1l1O.J.!VT ~ U'.d "
kS<fD9'J/rE
-<.,.;
t9:'NtJRJt fJ1.JFFfR TO REJiJJN
S1NClC r::u RESto.
~~~,~f
",,,,
III.JLTrfmfL:r
"'"
iJtlX.'I. 4T~ 5lIS>>"kItJT PJt J.I'd 1;1
I
RCT,IIL ~ME~.Al
rrNiNJ,o ,M5T.8J1WWJ TO
RClOCJ.TfD rl:""n:iJ,iIM,.lKT"'i "'"
FlItJiSIT N(J1fi
HNfrfc":P=S:&lf!J N.J.
51lCa.J1MltlOfT~
l;::~;::~':~H DC
::: :~IlF~~I~rcZ{= t~f~~T~I:: ~m 'n
~~-:f;.~~'!ilJiH~~.rI'I.i::'lH~"'~ ::,::
~/IIICt\. ... -'Ie ~'...~~,
~,.
SlIfGtC rRfJ/J'RESJD.
Fl.lXJD INn1RJIA.TO/
~ fill tDmlCU
=ItMJMy:~:~~~Ji: ~~'fil~,'rm' IUn
CII1$IDf N LilQ~ (S' ni'~1iJr.~:.m.
~
er' g:~/lOItUl_~
=usi.l =:g:/uot'\C101U
a=:~s. ~.
::::g =:i": ~:
ID1' aOG.<<.. uso..,
.....-..011III[... ~fU>>IQII[1:
CII"["PG.4"l'.-':... '"-29il9/J.n"~s
10111,,"1(<<", to.I2J"'2.Mt~.,
'DOo_".,___
~K':: CAJr.Uu.T1ONS
~=~~,:,~,,~'.CTOl ,.m-
lit'" .-0 7--:~~7 ~~ ~~.~~ r-.~.
:::-- ~~.~ ~::::::a '(..
~ __.wpas OAlJ'Ottst.
-.-
::::c-=: ::JI' .' :s.~'S
1014 :::~ :<_~=,~.~7:"Atn
~'JICIPIG:S
.1m
'i:r"!> <;()flo:" fNF"DmlATItJN
lJE"SI:fl#"IOI IltD/Q.CCCJl
TAltIlM,,/Ill1Io1Cl"C.fNIttcIS (/1f(JJI1'
~lolllllll'l "
~,.. tMtllntl*san.-wy ($ 0
Sllll4lCOlMl'l'.nonu.
~r.;cllT1r.f=t~rp:' I. l~lm'
tJ"SDlllilI.r~~I~~=l~c..,.:l;hr~~l~lIl~ IfIG
lO1~ f" W. ft-QClo II. l"'lllI'UIlll""ISI~..u,l": ~Ie ~Iff
.". l~
1758
~
! i
~
i
~
.
~
~
l!:
!
~
~
t:
~
~
~
t3
~
~
<:.
'l:
~
t'Il
~~
~e..,
~~
~
~
"
"
.",
U'
~~ ~
~~ 4>
c.. f ~~
.U t""
~; ~~~
tIl '" t a-
Za';lJ~x
m ce:~~
c(.: :~~
~ ~:gg
~~2~~
Cl 0 ..
~r.l ~r::
<" 0
:t.!: ~
U:: ..:
-' ..
Il:~
o
"
a;
.
"'''
".
.'
".
,,"
~&<<I~
U ".
bJ .1: ~
~- ol1l
,... 1;- 0
l'o-;.ra.P.
,..)"'.i":
~ ~~~
Po. ~ I.~
~~
o'
~o
.~
"
..
SHEET NO.
2of2