HomeMy WebLinkAbout2002 06 24 Other - Document was Handed out During Meeting
Date: 062402
The following Document was handed out during
the Regular Meeting of 6/24/02.
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Brown, Ward, Salzman & Weiss, P.A.
225 .e'ad Robinson Streer - Suite 66()
Pnu o,Uice Box 2873
Urlando, Norida 12802.}873
(407) 425-9566
(407) 425-9596 fax
tJgarKanese@or/ando/aw,nel
Date:
June 2 J, 2002
To:
Andrea Larenzo-Luaces, City Clerk
City of Winter Springs
Fax:
407-327-4753
From:
Anthony A. Garganese, Esq., City Attorney
Pages (including this one): 15
File:
Development Agreement
Ciry a/Winter Springs/JVayne P. Reece
If there are any questions regarding this fax,
please call 407/425-9566.
7"11il faCllmlle "'elsage i., ar/orney/diem privileged material and Is. uc;,'ardi..gly, conflde,,/ial. 1'hll '''''3Sa~s is Intended unly for the Individual I)'
,,"nry named above. !ftlH ncsj\>(Jr oflhi, "'cnaxe i. ..or the InlcnrJecl recipienl, pu.ase be adviltd thar <1I1Y cliuemlllalio.., aitrrihltrton. or copyIng
Of1h11 cCJmnrltniCanOfll1 slril:tly prohlhlted. lfyou have receIved this communlcQl/on in ""or, pleost notify UJ by tckphone im~dlately and renull
the "'''g'-"ul ",81J01l8 to .lth~r aba"" odd,~.. vio rh. U.S. Moll. Thank YOI/.
COMA-IJ;NTS:
Please place a copy of this Agreement in each Commissioner's
mailbox today. Thank you.
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Prepared by 3I1d Return to:
Anthony A. G3rg311cse, City Attorney
Brown, Ward, S31zm3l1 & Weiss, P.A.
225 E. Robinson Street, SuJte 660
P,o. Box 2673
Or1l!ndo. FL 32B02-2873
6121102
Parcel 1.0. Nos. 33-20-30-503-0000-0190
33-20-30.503-000D-019A
33-20-JO..503-0000-019C
33-20-3Q.503-OO00-019E
33-20-30-513.0000.00' 0
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_'~), whoseaddre.ss.is .1.126 East State_Road.4.3~, 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:
WH EREAS, Reece owns certain real property located in the City of Winter Springs,
Florida, and
WHEREAS, the Subject Property was annexed intotha 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
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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
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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 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 comm~nce, and fully complete
within six (6) months, the following development requirements in substantial
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conformance with the conceptual Phase I Site Plan, which is attached hereto as
Exhibit "S," and fully incorporated herein by this reference C'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 uno 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.
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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 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.th.e parking sp~ces directly in front of the
existing eastem-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,ll 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
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regarding, at a minimum, traffic generation, sate and efficient traffic
movement, pedestrian safety issues, right-ot-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 of 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:
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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, 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 eastem-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
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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.
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. 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 ofthis Development
Agreement by all parties.
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Jun.2, -U2 11 :41AMj
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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-witl=l.any other party.
16. $overeiQn Immunitv. Nothing contained in this Development Agreement
shall be construed as a waiver of the Citys 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 \I Plans are conceptual in nature and that final site plan approval is
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Sent ,~y: BROWN,WARD,SALZMAN&WEISS,P.A.j 407 425 959bj
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required by the City before any development can lawfully commence, Furthermore, the
/
City may, at its discretion, require changes to the conceptua I 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, Attornevs' 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 RezoningslDevelopment Pennits. 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
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Sent ,~y: BROWN,WARD,SALZMAN&WEISS,P.A.; 407 425 9~9~;
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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
q' --..... .----.. .addresses.asthe-pariies-heretoshalldesignate to each other in writing:
A.
If to City:
With copies to:
B.
If to Reece:
With copies to:
JUN-21-2002 11:50
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: 407-64 7 -0911
Facsimile: 407~47-6491
John A. Leklem, P.A.
5151 Adanson Street, Suite 98
Orlando, Florida 32804
Telephone: 407 -628-3577
Facsimile: 407-628-2975
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Sent By: BROWN,WARD,SALZMAN&WEISS,P.A.j 401 42~ ~~~bj
.Jun..:l -u.: n ;4IAMj
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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 aU,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 Majeure. 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 Agreement. 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
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Jun.21 -02 11 :42AMj
Page 14/15
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.tweflty (.12Q)-days.-Upon.terminationofthe 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:
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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,
NOTARY PUBLIC, State of Florida
My commission expires:
(SEAL)
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