HomeMy WebLinkAboutRyan Sheehan, Thomas Flander, and Adam Alstott Pre-Annexation and Town Center Redevelopment Agreement - 2026 02 09Grant Maloy, Clerk Of The Circuit Court & Comptroller Seminole County, FL
Inst #2026022702 Book:10995 Page:1015-1026; (12 PAGES) RCD: 3/10/2026 9:24:33 AM
REC FEE $103.50
Prepared by and return to:
Anthony Garganese, Esquire
Garganese, Weiss, D'Agresta and Salzman, P.A.
111 N. Orange Avenue, Suite 2000
Orlando, FL 32801
(407) 425-9566 Execution Version
PRE -ANNEXATION
AND TOWN CENTER REDEVELOPMENT AGREEMENT
THIS PRE -ANNEXATION AND TOWN CENTER REDEVELOPMENT
AGREEMENT ("Agreement") is made and entered into this't� day of 2026 (the
"Effective Date") by and between the CITY OF WINTER SPRINGS, a municip 1 corporation
organized and existing under the laws of the State of Florida (hereinafter the "City") whose address
is 1126 East S.R. 434, Winter Springs, Florida 32708, and RYAN SHEEHAN, an unmarried
man, THOMAS F. LANDERS, a married man, and ADAM R. ALSTOTT, an unmarried
man, as tenants in common, whose post office address is, 1100 Spotted Sandpiper Loop, Winter
Springs, FL 32708 (hereinafter collectively referred to as the "Owner"), and shall be fully
enforceable in accordance with the terms hereof.
WITNESSETH:
WHEREAS, the Owner is the owner of real property described as Seminole County Tax
Parcel #01-21-30-501-0000-0100, #01-21-30-501-0000-0210 & 401-21-30-501-0000-0220,
which consists of approximately 6,13 acres, more or less, and which is currently located within
unincorporated Seminole County with medium density residential future land use, and is legally
described in the attached EXHIBIT "A," which is fully incorporated herein by this reference
("Property"); and
WHEREAS, the Property has been included into the City's Town Center Master Plan for
future redevelopment and is suitable for annexation; and
WHEREAS, the purpose of this Agreement is to set forth the understandings and
agreements of the parties with respect to the City's annexation of the Property and Owner's future
redevelopment of the Property in the City's Town Center as agreed to and set forth herein; and
NOW, THEREFORE, for and in consideration of the mutual covenants and agreements
contained herein, and other good and valuable consideration each to the other has provided, the
receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:
1. Recitals. The above recitals are true and correct and are incorporated into this
Agreement by reference, and are a material part of this Agreement upon which the parties have
relied upon.
2. Annexation. The Owner hereby irrevocably agrees and petitions the City to annex
the Property into the municipal boundaries of the City of Winter Springs, and the City hereby
agrees to process the petition and annex the Property, pursuant to the terms and conditions of this
Agreement and applicable law. Owner will provide the City with the required metes and bounds
Book 10995 Page 1016
Instrument# 2026022702
legal description for the annexation process. Owner agrees that they will not contest or object to
the annexation of the Property (provided such annexation is consistent with the terms hereof) and
that the parties will fully cooperate with each other to achieve the annexation and future
development of the Property on the terms and conditions set forth herein,
3. Development Conditions and Economic Incentives.
(a) Project Description; Approval of Concept Plan; Sewer Connection.
(1) Project Description. The City and Owner agree that a portion of the Property (Parcels
#01-21-30-501-0000-0210 & 401-21-30-501-0000-0220) will be developed as a detached, single-
family home subdivision with eleven upscale (11) homes (hereinafter referred to herein as
"Project" or "redevelopment" or "initial redevelopment"). Parcel #01-21-30-501-0000-0100 will
be redeveloped at a later date.
(2) Concept Plan. The Project shall be substantially developed in accordance with the
concept plan which is attached hereto as EXHIBIT "B" and incorporated herein by this reference
("Concept Plan"). The Concept Plan is intended to be the general blueprint which details the
general layout of the Project including the number and location of lots, roads, and driveway
entrance onto Tuskawilla Road. The Concept Plan also serves as the necessary guide for future
permit applications and permitting necessary to complete the construction of the Project. Owner
shall have the obligation to further submit and obtain the City's approval of a final subdivision and
final site plan and final engineering plans consistent with the Concept Plan in all material respects
and in compliance with the City Code. The Concept Plan is intended to be for illustrative purposes
only and may be modified during the subdivision and site and final engineering plan process.
Owner acknowledges and agrees that the Concept Plan was not created with specific surveyed
dimensions and that during the subdivision and final engineering process such dimensions shall be
surveys, duly engineered, and provided to the City for consideration under applicable City Codes.
The Concept Plan shall be subject to reasonable adjustments at the subdivision and site and final
engineering plan phase in order to bring the Project into full compliance with the City Code, and
as a result, the exact location, layout and dimension of lots, buildings, landscaping, entrances,
utilities, parking and other site improvements may vary slightly between the Concept Plan and
approval of the Final Plat and Final Site and Engineering Plans. These changes shall be allowed
as long as the changes are consistent with the development standards noted in this Agreement and
preserve the general character of the development shown on the Concept Plan.
(3) Water; Sewer; and Reclaimed Utilities Improvements. The Owner shall, at its sole
cost and expense, design, install, and construct all water, sewer, and reclaim lines, private lift
station, and related appurtenances and improvements necessary to serve the Property, and shall
connect such facilities to the City's water, sewer, and reclaim utility systems. The utilities
connections shall include installing an 8" PVC water main and 4" PVC Sanitary Force Main to a
point of connection located between Avery Park and Milky Way, as well as installing a 4"
Reclaimed water to a point of connection located within the median of Tuskawilla Road. In
addition, the private lift station shall be installed and constructed on the Property and shall be
maintained by the future homeowner's association formed by the Owner to support the future
maintenance of common areas and improvements associated with the Project. All work shall
comply with all applicable City codes, standards, specifications, and permitting requirements, and
shall be subject to inspection and approval by the City. The City shall have no obligation to install,
construct, finance, or reimburse any portion of such improvements.
2
Book 10995 Page 1017
Instrument# 2026022702
(b) Town Center Future Land Use and Zoning. In order to facilitate the
redevelopment of the Property as a detached, single-family residential subdivision, the City agrees,
upon annexation of the Property and consistent with the City's Town Center Master Plan, to
advertise and proceed with public hearings to amend the Property's Comprehensive Plan Future
Land Use Map designation to City "Town Center" and Official Zoning Map classification to City
"Town Center, T4 Transect." The aforementioned comprehensive and zoning map amendments
(inclusive of the transect sub -designations) shall be subject to Florida law and City Code, and shall
be subject to final approval by the City Commission of Winter Springs. In accordance with Florida
law, no provision of this Agreement shall be construed as guaranteeing that the amendments will
be approved by the City Commission. The City's processing of the comprehensive plan
amendment and zoning map amendment shall be subject to necessary public participation and
hearings as required by law and submission of competent, substantial evidence in support thereof.
Each party will fully cooperate with each other to achieve the amendments on the terms and
conditions set forth herein including, but not limited to, submitting and executing any applications
customarily required by the City. The City may proceed with the aforementioned public hearings
simultaneous to or immediately after the adoption of this Agreement.
(c) Annexation and Rezoning/Land Use Map Application Fee Waiver The
Owner shall be required to submit to the City, at their expense, a metes and bounds legal
description as required by law to support the annexation of the Property. However, the City shall
hereby waive 100% of all fees, costs, or expenses that are customarily charged by the City on
account of or in connection with the City's review and processing of the annexation,
comprehensive plan and zoning map amendments for the Property.
(d) Development Permit Application Fee Waiver The City shall waive 100%
of fees, costs, or expenses that are customarily charged by the City for development permit
application fees associated with the initial redevelopment of the Property to include applications
for engineering/site plan, plat, any required zoning waivers, and aesthetic review, provided such
redevelopment is in accordance with the City's Comprehensive Plan and the Town Center Code
(T4) and provided such development permit applications are submitted within five (5) years of the
effective date of this Agreement, including applicable final engineering, aesthetic review,
conditional use, waivers and platting permit application fees. For purposes of determining fee
waivers under this Agreement, the term "initial redevelopment of the Property" shall mean the
initial construction of the single-family subdivision improvements including roads, sidewalks,
curbs and gutter, walls, street lights, entrance feature and gate, drainage, and other utility
improvements required to service the subdivision and the construction work required to obtain a
certificate of occupancy for each of the eleven (11) single-family homes. However, the City shall
not provide any waiver of all applicable monetary tree replacement assessments (tree bank) that
may be required under Chapter 5 of the City Code for the future redevelopment of the Property.
(d) Building Permit Application Fee Reduction. The City shall hereby
provide a 50% reduction of all applicable building permit fees for the future initial redevelopment
of the Property, provided such redevelopment is in accordance with the City's Comprehensive
Plan and the Town Center Code (T4) and provided such redevelopment has commenced vertical
construction, which shall at minimum include building foundations, within five (5) years of the
effective date of this Agreement.
(e) Impact Fee Reduction.
Book 10995 Page 1018
Instrument# 2026022702
(1) Water and Seiner Impact Fees. In consideration of the Owner's completion, at its
sole cost and expense, of the water, sewer, and reclaimed water improvements described in Section
3(a)(3) of this Agreement, the City shall grant the Owner a water and sewer impact fee credit in
the amount of $3,000 per single-family dwelling unit, for a cumulative total credit of $33,000.
(2) Other 00Impact Fees. The City shall hereby provide a 25% reduction of all other
applicable City imposed impact fees (police, fire, park and recreation, and road) for the future
initial redevelopment of the Property
(3) Condition. The impact fee credits under this subsection (e) shall be granted provided
such development is in accordance with the City's Comprehensive Plan and the Town Center Code
(T4) and provided such redevelopment has commenced vertical construction, which shall at
minimum include building foundations, within five (5) years of the effective date of this
Agreement.
4. Further Assurances. In addition to the acts recited in or set forth in this
Agreement, the parties agree to perform or cause to be performed in a timely manner, any and all
further acts as may be reasonably necessary to implement the provisions of this Agreement,
including but not limited to the execution and/or recordation of further instruments; provided
however that the City's obligation shall be subject to such limitations of law as may be applicable
to municipalities.
5. Time Is Of The Essence. The parties agree that they shall diligently and
expeditiously pursue their respective obligations. The City agrees to complete the adoption
process for the required annexation, comprehensive plan and zoning ordinances no later than 120
days from the effective date of this Agreement.
6. Successors and Assigns. Owner may assign the rights under this Agreement to
another party by written instrument, provided the assignee shall expressly agree under said
instrument to be bound by the terms and conditions of this Agreement including, but not limited
to, developing the Property in accordance with the requirements of the Town Center Code. Within
three (3) days of any such assignment, the Owner and assignee shall provide the City with a copy
of the written assignment instrument. This Agreement and the terms and conditions hereof shall
be binding upon and inure only to the benefit of the City and the Owner, and their respective
successors in interest.
7. Applicable Law. This Agreement and the provisions herein shall be construed,
controlled and interpreted according to the laws of Florida.
8. Binding Effect. Each party represents to the other it has undertaken all necessary
actions to execute this Agreement and has the legal authority to enter this Agreement and to
undertake all obligations imposed on it.
9. Recording; Termination for Failure to Timely Acguire Property, Upon
execution of this Agreement by the Owner and the City, the City shall, at its sole cost and expense,
record a fully executed copy of this Agreement in the Public Records of Seminole County, Florida.
Upon recordation, this Agreement will become a covenant running with the title to the Property,
and this Agreement shall be binding upon and will inure to the benefit of both the City and Owner,
and the assigns and successors in interest to the Property and all parts and parcels thereof.
0
Book 10995 Page 1019
Instrument# 2026022702
10, Venue. Any and all actions or proceedings arising out of or related to this
Agreement or brought to enforce or interpret this Agreement, shall be brought exclusively and
solely in the court of appropriate jurisdiction in Seminole County, Florida.
11. Development Permits. Nothing herein shall limit the City's authority to grant or
properly deny any development permit applications or requests subsequent to the effective date of
this Agreement. The failure of this Agreement to address any particular City, County, State and/or
Federal permit, condition, term or restriction shall not relieve Owner or the City of the necessity
of complying with the law governing said permitting requirement, condition, term or restriction.
12. Attorneys' Fees and Costs. In the event of a dispute regarding this Agreement,
the parties shall bear their own attorneys' fees and legal costs and neither shall be responsible to
pay the other's legal fees.
13. Caption/Exhibits.
(a) The headings or captions of the sections and subsections contained in this
Agreement are for convenience and reference only, and do not, in themselves, have any legal
significance and shall not be afforded any,
(b) The exhibits to this Agreement are hereby incorporated into this Agreement
and are an integral part of this Agreement. In the event of any conflict between the Agreement and
any exhibit, the terms of the Agreement shall govern and control except with respect to the legal
description or description of the Property, in which case the correct statement in an exhibit will
control over the Agreement, but only if the description in the exhibit is determined to be accurate.
14. Severability. If any provision of this Agreement is held to be unlawful by a court
of competent jurisdiction, the unlawful portion shall be deemed separate and distinct, and the same
shall not affect in any respect whatsoever the validity or enforceability of the remainder of the
Agreement.
15. Notices. Any notice delivered shall be in writing and shall be deemed to be
delivered (whether or not actually received) when it is hand delivered to the official hereinafter
designated; three business days after mailing when deposited in the United States Mail, postage
prepaid, certified mail return receipt requested; or upon receipt of such notice when deposited with
Federal Express or other nationally recognized overnight or next day courier, addressed to the
parties as follows:
To Owner: Ryan Sheehan
Thomas F. Landers
Adam R. Alstott
1100 Spotted Sandpiper Loop
Winter Springs, FL 32708
To City: City Manager
City of Winter Springs
1126 East State Road 434
Winter Springs, Florida 32708
Telephone: (407) 327-5957
5
Book 10995 Page 1020
Instrument# 2026022702
With a copy to: Anthony A. Garganese
Garganese, Weiss, D'Agresta and Salzman, P.A.
111 N. Orange Ave, Suite 2000
Orlando, Florida 32801
Phone: (407) 425-9566
Fax: (407) 425-9596
16. Entire Agreement. This Agreement constitutes the complete and entire agreement
between the parties with respect to the subject matter hereof and it supersedes all prior agreements,
arrangements or understandings, whether oral or written,
17. Modification. This Agreement may not be amended, changed or modified nor may
any material provisions hereunder be waived, except by a written document of equal dignity signed
by the Owner and the City after approval by the City's City Commission at a public meeting.
WHEREFORE, the parties hereto have caused these presents to be signed all as of the
date and year first above written.
WITNESSES:
OWNER:
_ _ By.
0
Printed Name of Witness Ryan She tan
Printed Name of Witness
STATE OF FLORIDA
COUNTY OF �fAsv6F
The foregoing instrument was a9knowledged before me by means of [ d] physical presence or
_]online notarization this A day of Ryan Sheehan, an unmarried
man, as tenant in common of fh—ePropertfwh6lis perso lly known o me or who has produced
aside tiilcation,
(NOTARY SEAL) CU
Notary Public Signature
TERRWIN FAZIO
MY COMMISSION#HHS9/211
oc00' EXPIRES: October 19, 2028 (Name typed, printed or stamped)
Notary Public, State of Fl rida�
Commission No.: o� ��
My Commission Expires:
31
Book 10995 Page 1021
Instrument# 2026022702
WITNESSES:
OWNER:
Printed Name of Witness Thomas F. Landers
Printed Name e
STATE OF FLORIDA
COUNTY OF D . - - Gjo
The foregoing instrument was acknowledged before me by means of [_] physical presence or
[_] online notarization this `ej ay of 2026, b homas F. Landers, an
unmarried man, as tenant in common of the Prbpe--"rty, who i personall known to me or who has
produced as identification.
(NOTARY SEAL)
Notary P blic Signature 9
El
TERRIANN FAZIOIAY COMMISSION # HH 694211
EXPIRES:Odobar19,2028 (Name typed, printed or stamped)
Notary Public, State of Florida
Commission No.:
My Commission Expires:
7
Book 10995 Page 1022
Instrument# 2026022702
WITNESSES: �)
u1
apq
Printed Name of Witness
IJ
&W4� A44
nypiza
Printed Name of Witness
STATE OF FLORIDA
OWNER:
B
fi.
Adam R. Alstott
COu NTY Or YM inpl�
1
The foregoing instrument was acl<lowledged
before me by means of [ ✓ l)hysical
presence or
(_] online notarization this OM day of'
,-2026, by Adam R.
Alstott, an
Lill married 111an, as tenant in common oil' the Property wh ersonally known to me
or who has
proClLlCeCI CL
as identification.
_ _
NOTARY SI AI_,
Notary Public Sign► ��.� '
J<A
I 4 r r vu� •. ELK,\ CHANEY
;.� U Notary Pubtic State of Florida
`�� >1 HH 416142027
(Name typed, printed of anlped)
!' Commission
Expires Jun 29,
Notary Public, State of F orida
My Comm
��
Commission No.: 419
My commission Expires:
s� �
Book 10995 Page 1023
Instrument# 2026022702
ATTEST (Seal):
By:
� -' �Z—
Christian Gowan, City Clerk
®� inter, ��♦,
N
I95q
90/e Co-J'At,
CITY OF WINTER SPRINGS, a Florida
Municipal Corporation,
By
Kevin McCann, Mayor
APPROVED AS TO FORM AND
LEGALITY FOR THE CITY OF WINTER
SPRINGS ONLY:
ANTHONY A. GARGANESE, CITY ATTORNEY
9
Book 10995 Page 1024
Instrument# 2026022702
Exhibit "A"
The Property
Parcel I:
Lot 10, TUSKAWILLA, according to the plat thereof, as recorded in Plat Book 1,
Page 5, of the Public Records of Seminole County, Florida, together with the West 1/2 of
vacated street abutting on the East, pursuant to Resolution recorded in Book 654, Page 353,
of the Public Records of Seminole County, Florida.
Parcel II:
Lots 22 and 23, TUSKAWILLA, according to the plat thereof, as recorded in Plat
Book 1, Page 5, of the Public Records of Seminole County, Florida, together with the East 30
feet of that certain Right of Way, lying adjacent to Lot 23, which was vacated and abandoned
April 27, 1975 in O. R. Book 1050, Page 401, of the Public Records of Seminole County,
Florida.
Parcel Identification Number: 01-21-30-501-0000-0100 & 01-21-30-501-0000-0220
Parcel III:
Lots 21 and 24, TUSKAWILLA, according to the plat thereof, as recorded in Plat Book 1,
Page 5, of the Public Records of Seminole County, Florida, together with the East 30 feet of
that certain Right of Way, lying adjacent to Lot 24, which was vacated and abandoned April
27, 1975 in O. R. Book 1050, Page 401, of the Public Records of Seminole County, Florida.
LESS AND EXCEPT that portion of subject property as conveyed to Seminole County in O.
R. Book 3476, Page 281, of the Public Records of Seminole County, Florida, more
particularly described as follows:
Commence at the Northeast corner of Lot 21 "TUSKAWILLA", D. R. MITCHELL'S
SURVEY OF THE LEVY GRANT, as recorded in Plat Book 1, Page 5, of the Public Records
of Seminole County, Florida; thence run South 03 Degrees 37'58"West along the East lot line
of said Lot 21, a distance of 33.04 feet for a Point of Beginning; thence continue South 03
Degrees 37'58" West along said East lot line, a distance of 195.69 feet to the South lot line of
said Lot 21; thence departing said East line, run North 87 Degrees 02'48" West along said
South lot line a distance of 39.54 feet; thence run North 14 Degrees 08155" East a distance of
11.66 feet to the point of curvature of a curve concave Southeasterly having a central angle
of 01 Degrees 52'03" a radius of 5781.58 feet and a chord bearing of North 15 Degrees 04'55"
East thence run Northeasterly along the are of said curve a distance of 188.46 feet to the
Point of Beginning.
Parcel Identification Number: 01-21-30-501-0000-0210
10
Book 10995 Page 1025
Instrument# 2026022702
Exhibit "B"
The Concept Plan
11
Book 10995 Page 1026
Instrument# 2026022702