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HomeMy WebLinkAboutBelfaire .,' ~f ~ August 3, 2000 To: Community Development Director Assistant to the City Manager Staff Land Development coordinat~ From: Re: Annexation and Pre-Development Agreement Battle Ridge (now known as Belfaire) ~... ;:- ... ,- ----- Attached for your records is the above referenced annexation and pre-development agreement as it relates to Battle Ridge - now being reviewed as Belfaire. '.;.i_tRfl, OF CIF<[II'T COURT 'lit I~ E corm E 0 & Y E R I Fir r_~ .' 3 3 ;~ 5 7 9 IJC) FE] I G P~l 2: {~U ANNEXATION AND PRE-DEVELOPMENT AGREEMENT )Cl "....r. (1 THIS AGREEMENT is made and entered into this dC:L- day of ,M~y, 1998, by and between the City of Winter Springs, Florida (herein referred to as the "City") and Battle Ridge Companies, Inc. (herein referred to as the "Owner"). W l I N E SSE I H: WHEREAS, Owner owns property located in unincorporated Seminole County on the east side of the State Road 417 (a/kla "The GreeneWay") and north of State Road 434 and has filed an Application for Annexation of Owner's property into the City which land is described on Exhibit "A" attached hereto and incorporated herein, and WHEREAS, the City has encouraged Owner to annex into the City and acknowledges the continuing permanent benefit which the City will receive by virtue of annexing Owner's property and acquiring the right to provide municipal services to the Property, and WHEREAS, the City has determined that it is in the City's best interest to enter into this Agreement to assure Owner of the future availability of adequate municipal services, including sewer and water service, at such times and in such capacities as may be necessary to allow Owner to develop the Property as set forth herein, and WHEREAS, Owner's plans for development of the Property as a high-quality, residential development have been deemed by the City to be of substantial economic benefit to the City and its citizens. Owner's plans further include creating a conservation area for the benefit of preserving and protecting over two-thirds of the Property in its natural state, which will be of substantial benefit to the City and its citizens, and WHEREAS, the City has determined that it is feasible and in the City's best interest to extend into Owner's Property other municipal services, such as police protection, fire protection, sewer and water service, trash and garbage removal, street and storm drainage maintenance, and WHEREAS, in reasonable reliance upon the provision of water and sewer service, municipal services, and other inducements to annex, Owner has .filed said Application for Annexation pursuant to 171.044, Florida Statutes, and WHEREAS, Owner has filed an application with the City for a large scale comprehensive plan amendment to change the Future Land Use Map designation of the developable portion of the Owner's property designated on the Seminole County Future Land Use Map as "Suburban Estates" (1 Dwelling unit per acre) to the City's Future Land Use Map designation of "Lower Density Residential" (1.1 to 3.5 Dwelling '- 9e;"-T 8~ t-".S PG 'fit F~/tJ:r ~ :2.6-P"- t3'Drr ::: 9"S-Fr, ~ -::::- 2-~ ~" . 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"T1 >- r- e)' -J r.,. , , units per acre) and to change that portion of the Owner's property designated on the Seminole County Future Land Use Map as "Conservation Overlay" to the City's Future Land Use Map designation of "Conservation," and WHEREAS, Owner has made an application to th~ City to rezone the developable portion of Owner's property from Seminole County Zoning Map designation A-1 "Agriculture" to the City's Zoning Map designation R-1A "One-Family Dwelling District," and WHEREAS, Owner is further willing to annex if the City agrees to cooperate in the effort to amend its Comprehensive Plan Future Land Use Map to accommodate and be consistent with the land uses permitted for residential uses a's described herein and otherwise do what is reasonably necessary to rezone the property pursuant to these land uses, and WHEREAS, the first reading of Ordinance 694 to annex the property was held on January 12, 1998 and the second reading and public hearing of Ordinance 694 was held on January 26, 1998, and WHEREAS, the first reading of Ordinance 695 to adopt the large scale comprehensive plan amendment (LG-CPA-1-95) changing the Future Land Use Map ~ designation of the property was held on January 12, 1998 and the second reading and :I: public hearing of Ordinance 695 was held on January 26, 1998, and ~ .- rn WHEREAS, the first reading of Ordinance 696 changing the Zoning Map g C) designation of the property was held on January 12, 1998 and the second reading and ~ f'V public hearing of Ordinance 696 was held on February 9, 1998, and .- 1- co w en \..0 w roc 0" 0-' AC .. .. I O. r ~ .U: ~: p' 1'1' WHEREAS, Owner and City believe that it is in the best interest of each party to enable the Property to be developed substantially in accordance with the preliminary development plan attached hereto as Exhibit "B" (the "Preliminary Development Plan") and as further described herein, in accordance with Part 1\ of Chapter 163, Florida Statutes, the Local Government Comprehensive Planning and Land Development Regulation Act (the "Act"), other applicable Florida Law and the Charter and Code of Ordinances of the City, and WHEREAS, City and Owner hereby acknowledge and warrant to the other that this Agreement and any future acts as required hereby are binding and enforceable on the City and Owner in accordance with their terms, and WHEREAS, the agreement of the City to provide inducements as set forth in this Agreement (including land use approvals) and be bound by this Agreement, as well as the City's assurance to the Owner that this Agreement is enforceable against the City and that the City will not seek to thwart enforcement based on any claim of invalidity, 2 . . are all material inducements to the Owner to enter into this Agreement, and the Owner would not voluntarily annex into the City or enter into this Agreement but for such agreement and assurances by the City, and WHEREAS, Owner has already made and will continue to make financial commitments and has paid and will continue to pay substantial sums of money in contemplation of the rezoning and redesignation of land use to develop the_ Property, and Accordingly, in consideration of mutual benefits, the public interest and other good and valuable considerations, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: SECTION 1. RECITALS: EXHIBITS. The above recitations are true and correct, are hereby incorporated herein by reference, and form a material part 01 this Agreement. All exhibits to this Agreement are hereby deemed a part hereof. SECTION 2. AUTHORITY. This Agreement is entered into under the authority of the Florida Constitution (including Article VIII, Section 2(b) thereof), the general powers conferred upon municipalities by statute and otherwise (including Chapter 163 and 166, Florida Statutes), and the City's Charter. SECTION 3. ANNEXATION AND COMPREHENSIVE PLAN AMENDMENT. w U1 \.D W rue: o~. o-r ;A- ~ <.n A. Owner filed with the City, on August 2, 1995, an Application for f"T1 Annexation of the Property, which is conditioned upon the adoption of this Agreement.~ The City initiated the process to accomplish the annexation in accordance with law. ~ rn _. ,- B. Owner has filed with the City, on August 2, 1995, an Application for g c> Comprehensive Plan Amendment in order to amend the City's Future Land Use Map tG" N include the Property and provide for a future land use designation for the Property of I \.D Lower Density Residential. The City initiated the process to accomplish the Comprehensive Plan Amendment in accordance with law. r- ::I. I' C -uc )>:;;: CJC PHI SECTION 4. DEVELOPMENT OF THE PROPERTY. A. The sizes, configurations and boundaries of the parcels and roadways shown in the Preliminary Development Plan are for conceptual planning purposes only and shall not bind Owner to develop the Property in strict conformity with the Preliminary Development Plan. In the event of any conflict between the terms of this Agreement and the Preliminary Development Plan, this Agreement shall control. B. The classification labels and descriptions pertaining to the parcels and the locations of the lake/conservationlretention areas shown in the Preliminary 3 Development Plan are approximate. The exact location and configuration of said lake/conservation/retention areas shall be subject to change pursuant to regulations of the appropriate county, state and federal permitting agencies. The parties acknowledge that portions of the lake/conservation/retention areas shown in the Preliminary Development Plan may be identified as wetlands. Owner may use, develop or set aside isolated or marginal wetlands provided that the same is in compliance with all federal, state, county, water management district and other applicable local regulations. C. Following delineation of the jurisdictional wetland lines, the parties acknowledge that the parcels in the Preliminary Development Plan are calculated in gross developable acres and when developed will include, as necessary, storm water retention and detention areas, recreation and open space, streets as well as the lake/conservation/retention areas shown in the Preliminary Development Plan. D. As designated in the Preliminary Development Plan, the Property shall be developed pursuant to the standards established for zoning categories consistent with Lower Density Residential Land Use on the City's Future Land Use Map. The City will support and approve a rezoning to R-1A One-Family Dwelling District allowing residential use consistent with the Preliminary Development Plan, this Agreement, and the City's Comprehensive Plan and the City's Land Development Code. E. The parties acknowledge that the Preliminary Development Plan shall be the basis for Owner's development of the Property, subject to such modifications as (f) may be mutually agreed upon by the parties or are required by existing City ordinance~ The parties recognize that as the development process proceeds, it may be necessary:z:: to amend the Preliminary Development Plan either: (i) as may be mutually agreed upo1(- by the parties; or (ii) as permitted by Section 163.3233(2), Florida Statutes; or (iii) as ::: required by currently existing City ordinances. The City shall do what is necessary anct=> within its power and authority to grant and allow development permits and approvals, ..., I including, without limitation, platting, for the orderly development of the Property in accordance with this Agreement. w CJ1 \..D W ruG 0-'-' o-r A("": :r, 1- (:) f'V ~ CJ ~- . . (--: -uc :P-:A be PH.( F. Owner represents to the City that Owner shall establish a homeowners' association to ultimately own and maintain the entranceway amenities and other commonly owned amenities within the residential development on the Property. G. Owner or its authorized representative shall submit to the City such applications and other documentation and shall comply with such other procedures as may be normally and customarily required by the City for comprehensive plan amendments, rezoning, platting, site plans and other development approvals or permits. Owner acknowledges and agrees that the City will not be responsible for any money expended by. Owner if the Comprehensive Plan Amendment is not approved by the State. 4 H. Except as otherwise set forth herein, all development of the Property shall be subject to compliance with current City ordinances, and with regulations of state, local and federal agencies. SECTION 5. PROPERTY OWNERSHIP. Owner acknowledges and represents to the City that Owner is the owner of the Property and that Owner is empowered to enter into this Agreement. Owner further represents that nothing in this Agreement is barred or prohibited by any other agreement between Owner and any governmental agency or any third party. SECTION 6. PROVISION OF PUBLIC FACILITIES AND SERVICES. A. The City represents that it has sufficient water capacity and pressure to serve the Property. The City represents to Owner that the City has a ten (10) inch water line located approximately 1,200 feet from the western boundary of the Property at State Road 434 and that Owner has the right to connect to such water line. All lines and connections necessary to provide water facilities and services shall be provided from the City's water line to the Property by Owner. Owner shall, upon completion of construction and installation of such water line, deliver to the City a statement setting forth the cost of the construction and installation thereof. Subject to approval of FOOT, the City represents to Owner that all necessary rights-of-way to allow installation of all lines and connections necessary to provide water facilities and services from the City's water line to the Property as aforesaid are available. c....:> (/)CJ1 fTI \..D B. The City represents that it has sufficient sewer capacity to serve the :J: c....:> Property. The City represents to Owner that the City has a six (6) inch sewer line ~ located approximately 2,200 feet from the western boundary of the Property at State ~' Road 434 and that Owner has the right to connect to such sewer line. All lines and () c> connections to provide sanitary sewer services shall be provided from the City's sewer ~ N -u line to the Property by Owner. Owner shall, upon completion of construction and ~ N ~ P1 installation of such sewer line, deliver to the City a statement setting forth the cost of the construction and installation thereof. Subject to approval of FOOT, the City represents to Owner that all necessary rights-of-way to allow installation of all lines and connections necessary to provide sewer facilities and services from the City's sewer line to the Property as aforesaid are available. The City will take all steps necessary to assure that sufficient capacity to serve the Property with sanitary sewer services shall be available when needed for development by reserving for the Property sufficient equivalent residential units ("ERU's") for the proposed project. The Owner shall be required to pay annual guaranteed revenue charges for each ERU (Water and Waste water Equivalent Residential Unit) beginning at the time of Florida Department of Environmental Protection construction application, and continuing annually until issuance of a construction certificate of project infrastructure by Florida Department of Environmental Protection. CIJC C) - 0- AC ) I 5 C. The City hereby agrees that Owner has the right to dela a ment 0 water and sewer connection fees until issuanc ermit by the City for cons rue Ion 0 a sinqle family residence on t e Property. The City here y represents that the current service availability chargel for sewer is $1..!.-890.0-O and the current service availability charge for water is ~560.00. The Owner shall be required to pay the service availability change applicable at the time said fees are assessed on a parcel or property. D. The parties acknowledge and agree that it is not feasible to install reclaimed water lines in this development; accordingly, the same shall not be required. E. No septic tanks shall be allowed on the Property. SECTION 7. CITY CONDITIONS OF APPROVAL. It is hereby ORDERED AND RESOLVED by the City Commission of the City of Winter Springs, Florida, that the property referred to as the BATTLE RIDGE PROPERTY (hereinafter referred to as the "Property"), be annexed into the City, designated on the Future Land Use Map and in the City's Comprehensive Plan as "Lower Density Residential" and rezoned to R-1A subject to the following terms and conditions: A. Comprehensive Plan Amendment/Effective Date. w UlUl The effective date of this Agreement shall be the date on which the ~ \.D Comprehensive Plan Amendment (LG-CPA-1-95) is approved by the Cityx W This Agreement shall be recorded with the Recording Department of the ~ ' Clerk of Courts of Seminole County within ten (10) days after execution bY'"' the Mayor of the City. ? 0 ..."f'V " f'V rv roc 0'" 0'" ~- c- J- r- -" f1 B. Development of the Property. ( -O~ ;P:;:: GJC Pl(. 1. The Property shall be developed in accordance with Comprehensive Plan Amendment (LG-CPA-1-95) which designates the Property City Future Land Use Map "Lower Density Residential" (1:1 to 3.5 Dwelling Units per acre). However, the actual net developed density shall not exceed 2.56 units per acre. 2. The property shall be developed as a residential community with preservation of the wetlands portion of the Property in a non- developed natural state. The uplands portion of the Property shall be developed as a residential community in accordance with the requirements in Chapter 20 Article III, Division 4, R-1A One Family 6 Dwelling District, and Chapter 9 of the Land Development Regulations, Winter Springs City Code. C. Wetlands. 1. Any existing wetlands or other areas which are in the jurisdiction of the Florida Department of Environmental Protection (FD,EP), St. Johns River Water Management District (SJRWMD), or the U.S. Army Corps of Engineers (ACOE) shall be subject to the applicable rules and regulations of those respective agencies. 2. Following final wetlands boundary determination and platting, but within one year of this Agreement, the Owner of the Property shall convey, at no cost to the Grantee, the wetlands portion of the Property to a responsible public or private non-profit environmental agency reasonably acceptable to the City. Pursuant to City Code, all wetlands shall be delineated according to FDEP, SJRWMD, and ACOE jurisdictional lines. 3. To further protect the adjacent wetlands, Developer agrees to design its stormwater runoff and retention system for the uplands developable portion of the project in accordance with Outstanding Florida Water (OFW) design criteria as established by Florida Department of Environmental Protection and the St. Johns River Water Management District. 4. Property will be developed in a manner to avoid any negative impacts on any endangered plant or animal species. Further, no construction shall be permitted within the one hundred 100) ye;- o pam Ine as most recently establishe or this property. -I D. Fire and Police Public Safety Facilities Impact Fees. ~ ~ ~ .~ Applicants for building permits within the Property shall comply with the City Impact Fee Ordinances, as they may from time to time be amended, impoSing imp~t fees for fire and police public safety facilities. E. Transportation. _____ 1. Applicants for building permits within the Property shall comply with the City Road Impact Fee Ordinance, as it may from time to time be amended, imposing impacts fees for transportation improvements. 7 w U> U1 cu. C) rT1 \.D C) :J:. W :::r. . 'X. C) I rn ! 0 C) 0 N .-0 "'"T1 :P .. N C) W Pl ~.~~. ~ _ :J:: The Owner or Developer of the Property shall install a si 6 foot mason~ wall on that portion of the prooerty separating any actual residential unit , ITom proposed commercial properties along the north side of State Roado 434. ~ ""T) r- 2. ) ~ rT' If ~(Q} The costs of all ~eet siqns and traffic. control sians ~nd d~vic~ located within the Property, shall be 2-orne~by the ~wn~~ Qf!velope~. 3. The Owner or Developer agrees to improve the State Road 434 project entry, as part of required installations of subdivision improvements required by the City Code on the Property, to allow ~ (~~outbound and one (~\nb~nd entry movements, cce eration and deceleratiqn a,nes along State Road 434, provided these improvements are allowed by Florida Department of Transportation. 4. The Owner will design its internal road network to preclude connection to adjacent properties to the east. To further assure that the road system is not connected to future developments to the east, Developer will dedicate on the olat or py ~ppHrate recorded instrura.enOen feet of prop~ on the east property line ot Owner's developable propertY to the project's nomeowner's ~ association as a preserve area. The only improvements which shall be allowed in said preserve area are those necessary to effectuate any type of natural scenic trail, as expressly authorized _ , ----4 by Owner. w Ul \.0 W rue O"Tl o-n :::x: - o :t> ,- ~J r-rl C"J \:)0 :>;u c)o r"<.n C> N N +"" G. Building Restrictions. 9--er B "9-Cf<. S F~ 1</14-- - '" C# 2CJ. JAv-4 The building restrictions shall be those found in the B-1A.Single Family Dwelling District, Chapter 20. Article Ill. Division 4 ot"'fFieCode of Ordinances of the City. They are: · 1. Residential Areas: a. Minimum lot size of residential sites within the Property shall be eight thousand la.oOO) ~quare feet with a minimum lot width of seventy five (~et measured at the front building line. The maximum number of lots shall be one hundred - and ten (110). - - 8 b. Building setbacks shall be: ~ Front: 25 feet .." Side: 7.5 feet - Rear: 25 feet .. Corner lots: c. Lot coverage. (J) m :I: ::z:: C) I Forty (40%) percent of the lot area is the maximum which rn may be covered by the principal and accessory buildings org structures located thereon in the R-1A One Family Dwelling:" District. I On corner lots, the front line setback of twenty- five (25) feet or more must be maintained, but a fifteen (15) foot sideline setback,will be_ permitted""On the ~treet sideline, provided the corner lot faces the same wavas atl ~r lo~'" ~ the bloc~. It the building faces the long dimension of the lot or where corner lots-face a .. different thoroughfare than other lots in thEL block, the ~entv-five (25).100t or greater -~_.. .. s:= 00-:-:--:-1 setback must be maintained from both thoroughfares. w Ul \.D W c:> f'V N Ul 1 rue C) .,., 0-" ~() J;. r- :;u :-rJ (") -U8 J> :;:0 C)CJ ITlU: d. Building height. No building or structure shall exceed thirty-five (35) feet in height. e. Residential floor area. The minimum heated/air conditioned 'floor areas shall be 1,800 square feet. 2. Non-residential Area. a. The non-residential area of the Property shall comprise the wetland areas following final boundary determination and platting, it is the intent of the Owner of the Property that no development occur within the wetland areas. 9 b. Following final boundary determination and platting, all wetlands shall be delineated according to FDEP, SJRWMD&J and ACOE. Wetlands shall mean those areas established ITI as jurisdictional by these agencies. ~ o r Open space. IT' w U1 \.D W OJe 0-'-1 0..,., AO }> r- :;'IJ ;-Tl () ~\)8 :t>::o ClO Pl(n 3. All areas lying outside primary and accessory buildings will be ""Tl counted toward open space requirements, including entranceway~ stormwater management areas, yards, lot landscaped areas, and easements. <> o 0 N N m 4. Development plans. a. For the duration of this agreement, except as otherwise provided for herein, all development plans and standards shall meet the regulations and policies of the City in effect at the time of execution of this Agreement. b. Where there may be a conflict between this Agreement and the City development regulations, this Agreement shall prevail. c. Developer acknowledges its obligation to develop/construct all improvements on said property in accordance with all applicable City codes modified pursuant to State of Florida Statute 163.3233 and Federal laws as they may from time to time be amended unless specifically modified herein. d. Parks and recreation. No o'l-~ite Dark@recreation faciliti~~ will be required of this development. The deVeloper is r~qllin~p to Day a fee-in-liell ~er Policy 1 of Obiective E in the DDen SDaceand ecreation Element of the City's Comprehensive Plan. _ J ---. TheJ~e-in-lieu will be established by th~ark9 an~ "!:ecreatlon ulr~ e. Water and Sewer. _____ I. The City shall provide potable water service to the Property. The Owner or Developer will pay for the extension of trunk lines to the buildable portion of the 10 Property and pay other customary costs necessary or required in connection with such service. ii. The sizing of the trunk line shall be sufficient only to provide water service to the buildable portion of the Property and to no other surrounding properties. iii. The City shall provide central sanitary sewer collection and treatment service to the Property. The Owner or Developer will pay for the extension of trunk lines to the buildable portion of the Property and pay other customary costs necessary or required in connection with such service. IV. The sizing of the trunk line shall be sufficient only to ~ provide central sanitary sewer collection service to 3: the buildable portion of the Property and to no other ~ surrounding properties. ~ 5. Homeowners Association. A mandatory homeowners association will be formed to provide a responsible entity to maintain all common areas. 6. The Developer shall make a good faith effort to have the retail value of the completed homes and lots to be in the $180,000 and higher price range. H. The Developer shall make a good faith effort to have the Florida Audubon Society designate this project as environmentally responsible. l. The Developer shall conduct a grid archeological survey of the developable site prior to commencing construction of the subdivision improvements. J. To ensure continuation of the Cross Seminole/Florida National Scenic Trail, the Developer shall coordinate with Seminole County <:Juring the subdivision platting process to explore opportunities tflat might exist to extend the trail through the Property, including extension through the ten (10) foot preserve area required in section 7, part E, paragraph 4 of this Agreement. 11 w Ul \D W OJe.; O"Tl 0." AO ::> r - ::u =-'1 '=-) .08 :P-;:o C1CJ f'l(n o o <=> 'I N I N -.J SECTION 8. PERIOD OF EFFECTIVENESS AND COMPLIANCE DATE. A. This Agreement shall take effect upon City Commission approval of the Comprehensive Plan Amendment (LG-CPA-1-95) and shall remain in effect for a period of ten (10) years from the date of execution. - . -~ ~ B. This Development Agreement shall be binding upon all successors in interest to the parties of the Agreement. C. The effective date this Agreement may be extended upon request of the Owner or Developer and City Commission approval. SECTION 9. lAND USE ZONING AND DEVELOPMENT REGULATION APPROVALS. The development of the project must comply with the conditions of the Agreement. In the event a development requirement, permit, condition, term or- restriction is not addressed in this Agreement, the development will comply with the zoning ordinance, subdivision regulations, and other applicable land development codes in effect as of the adoption of this Agreement. (/) Pl ::I: ::c: SECTION 10. CONSISTENCY. The City finds this Agreement and its terms arlff. conditions consistent with the City's Comprehensive Plan. n C) w U1 \.D W we C) -,- C) ""T :r.c= p r - :;1; i'~ SECTION 11. REMEDIES. The developer agrees that the only remedy, for the~ Owner in the event the Owner asserts the City has breached this agreement is an action for injunctive relief in the Circuit Court of Seminole County, Florida. Owner shall have no right to monetary damages or attorney's fees in the event the City breached this agreement. o N N (X) ':"J \JG :x>~ . G)CJ Pl {r: SECTION 12. DUE DILIGENCE. The City and Owner further covenant that they shall immediately commence all reasonable actions necessary to fulfill their obligations hereunder and shall diligently pursue the same throughout the existence of this Agreement. SECTION 13. ASSIGNMENT. The parties recognize and acknowledge that Owner may engage one or more developers or builders (hereinafter referred to as "Developer"), other than Owner, to' effect the development of the Property, including the sale of all or portions of the Property to such developers or builders. Upon recordation of this Agreement in the Public Records of Seminole County, Florida, as hereafter provided, successor builders or developers shall be bound by the terms hereof. SECTION 14. MISCEllANEOUS. A. Entire Aqreement. This Agreement sets forth all of the covenants, agreements and conditions between the parties hereto, and supersedes all prior and 12 contemporaneous agreements, understandings, inducements or conditions, express or implied, oral or written, except as herein contained. B. Pronouns. All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine and neuter, singular or plural, as the identity of the party or parties, successors or assigns may require. C. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which shall together constitute one in the same instrument. D. Governing Law. This Agreement shall be construed in accordance with the laws of the State of Florida. E. Severability. If one or more provisions contained in this Agreement shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision hereof and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had not been contained herein. F. Contraction. In the event the City fails to adopt an amendment to the Future Land Use Map of the City's Comprehensive Plan and to the City's zoning map designating the Property as described herein or the City fails to implement any of the conditions set forth herein, Owner shall have the right to deliver a notice to the City requesting a deannexation and contraction of the Property which the City shall have the absolute obligation to implement. G. Notice. Any notice to be given in accordance with this Agreement shall be in writing and shall be sent by hand delivery, overnight mail, or certified mail, return en receipt requested, to the party being noticed at the following addresses: :i 2: o r- IT' w CJ1 '-D W CUe; O-r, C> ." A- n :D- r- ::u :-r, r-.. .UO p.:::o C10 r'l U) AS TO CITY: City of Winter Springs, Florida 1126 East State Road 434 Winter Springs, Florida 32708-2799 A TIN: City Manager n o C> ."N r- N \..D COPY TO: City of Winter Springs, Florida 1126 East State Road 434 Winter Springs, Florida 32708-2799 A TIN: City Clerk 13 AS TO OWNER: ?--.. . l0,"\ V\ \\ 'l\ \C\N\,(:\ N I ~ \.!.. . \) \ U::, -l\Lf: '::, I ~N\ Ga~eohl(Orn, f""1resiGent Battle Ridge Companies, Inc. 1000 River East Drive Belle, West Virginia 25015 COPY TO: Frederick W. Leonhardt, Esq. Gray, Harris & Robinson, P.A. 201 East Pine Street Suite 1200 Orlando, Florida 32802-3068 SECTION 15. DEVELOPMENT RIGHTS. Owner shall have the right to use and develop the Property as described in this Agreement. Furthermore, Owner does not waive any right to use or develop the Property arising under the common law or the laws of the State of Florida. - This agreement is subject to provisions of Florida Statute 163.3235, and 163.3241 providing for periodic review, and modification or revocation of a development agreement to comply with subsequently enacted state and federal law. The Development Agreement is also subject to Florida Statute 163.3233 regarding the local laws and policies governing a development agreement. .~. " }-;. ".' .'. , ADOPTED by the City of Winter Springs this" ~ day otMay, 1998. IN WITNESS WHEREOF, the Owner and the City have executed this Agreement as of the day and year approved by the City. g:; :r: z a r- BATTLE RIDGE COMPANIES, INC. rn () o C> ."N 'c..v C> w CJ1 \.0 W a} c..: a~ C> -" -:r.(=) .:t> r - ~/~~ eith Hartman Senior Vice President _TJ " ;"., r, .U;"": :!>~ C)o r'1(n 14 STATE OF Lt )C-S! V, r8 / '-)1 c~ COU NTY 6F~1?i;;;;llcJ1 (,,- 'IA Fe brl{(f Of 9, Th~dor:.egoing instr;:;;ent was acknowledged before me this L day o~ ...J 1997' by , x. L P ,"-JJI J(/,.nO n who is personally known to me or produced as identification. r------.. AFFIX NOTARY STAMP f Notary Public " !Ilrl;/K '6mUJnlfJUT (Print N tary Name) _ My Commission Expires: ;;)-/I.';)a:fS Commission No.: ~ Personally known, or o Produced Identification Type of Identification Produced CITY w CJl \.0 W CJC 0" 0"Tl =="- CJ J> r - AJ :-'1 (..l 'uo >:::0 ClO rt1(r, ~/ ~.; ~/~\ .1' .. -~ I . \. '---.- --- <L~'-- - -\" --.. - ITV CLERK o N W STATE OF FLORIDA COUNTY OF SEMINOLE 1L %....w~,(1 ',nstrumencJwas a~~~&.~I~~~~f~E2..rT!e this L day of ~y, tJ. - \- 4CR.JJ~lio"~erSOrl~inYKno~or produced ( as identification. - Lv r'["~Y\1I:1 en ',J:'. \ ;, \ '._l) COpy . ,,~C' ._-'6' Mary T lynch *~*My Commission CC774136 ">:,,...,.'/ Expires September 10, 2002 AFFIX NOTARY STAMP t:\USR\DKELLY\DEV7.AGT -0 ". (-r~ 7):-Y"'c-"~'_9. ". <~~:j~';,..~" ~ ....".. .-, "... '- 15 urrll-lt\, 'OOK I" 1._...., \,) I \ 'J_ PAGE EI /1/6/ r ~ /'3 5 9 3 0 2 3 2 SEMIHOLt co. FL LAND DESCRIPTION: A PARCEL OF LAND L YlNG IN SECTION 4, TOWNSHIP 21 SOUTH, RANGE 31 EAST, SEMINOLE COUNTY, FLORIDA BEING MORE PARTICULARL Y DESCRI~ED AS FOLLOWS. BEGIN AT THE NORTHEAST CORNER OF SECTION 4, TOWNSHIP 21 SOUTH, RANGE 31 EAST SEMINOLE COUNTY, FLORIDA; TliENCE RUN SOUTH 88'40'53" WEST, ALONG THE NORTH LINE OF SAID SECnON 4, A DISTANCE OF 5407.95 FEET; THENCE LEAVING SAID NORTH LINE, RUN SOUTH 00'17'58" EAST, A DISTANCE OF 898.74 FEET, TO A POINT ON THE' NOR THEAS TERL Y RIGHT-OF-WAY LINE OF THE EASTERN BELTWAY; THENCE, ALONG THE SAID NORTHEASTERLY RIGHT-OF-WAY LINE THE FOLLOWING FIVE (5) COURSES: RUN SOUTH 2cU8'4:S" EAST, A DISTANCE OF 173.24 FEET, TO A POINT ON A CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 5649.58 FEET AND A CHORD BEARING OF SOUn-i" 28'17'35" EAST; THENCE RUN SOUrnEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGlE OF 04'17'40" FOR AN ARC DISTANCE 423.45 FEET TO A POINT; THENCE, LEAVlNG- SAID CURVE RUN SOUTH 30'26'25" EAST, A DISTANCE OF 95.07 FEET, TO A POINT ON A CURVE CONCAVE SOUTl-fWESTERLY HAVING A RADIUS OF 7737.43 FEET AND A CHORD BEARING OF SOUTH 29'53"21- EAST; THENCE RUN SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUCH A CENTRAL ANGlE OF 0.3"22'34- FOR AN ARC DISTANCE OF 455.94 FEET, TO THE POINT OF COMPOUND CURVATURE OF A CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 7743.44 FEET AND A CHORD BEARING OF SOUTH 2s'18'27"'EAST: THENCE RUN SOUTHEASTERLY ALONG 11-1E ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 03"31'40" FOR AN ARC DISTANCE OF 476.79 FEET TO A POINT: THENCE, LEAVING SAID CURVE AND SAID NORTHEASTERLY RIGHT-OF-WAY, RUN NORTH 89'51'53" EAST, A DISTANCE OF: 606.29 FEET: THENCE RUN SOUTH 00'17'44" EAST, A DISTANCE OF 25.00 FEET, TO A POINT. ON" THE SOU TH LINE OF Tl-tE NORTH 1/2 OF SAID SECTION 4; ll-fENCE RUN NORTH 89'5"'53" EAST. ALONG SAID SOU ll-f LINE, A DISTANCE OF 3070.77 FEET, TO A POINT ON THE WEST LINE or THE EAS T 1/2 OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF 11-1E SOUTHEAST 1/4 OF SAID ~EcnON 4; THENCE RUN SOUTH 00'07'42- WEST, ALONG THE SAID WEST LINE, A DISTANCE OF 648.41 FEET, TO A POINT ON 11-1E NORTHERLY RIGHT-OF-WAY LINE OF STATE ROAD 434; THENCE RUN SOU11-1 89"38'50" EAST, ALONG SAID NORTH RIGHT-OF-WAY LINE. A DISTANCE OF 331.84 FEET, TO A POINT ON THE EAST LINE OF T~E NORTI-fWEST 1/4 OF THE I~OR11-IEAST 1/4 OF. THE SOUTHEAST 1/4 OF SAID SECTION 4; THENCE. LEAVING SAID NORTH RIGHT-OF-.WAY LINE, RUN NORm 00'02'02" WEST, ALONG SAID .EAST LINE. .A DISTANCE OF 319.03 FEET. TO A POINT ON THE soum LINE OF mE NORTH 1/2 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 4; THENCE RUN NORTH 89'50'13- EAST, "ALONG SAID soum LINE. A DISTANCE OF 661.88 FEET, TO A POINT ON TI-fE EAST LINE OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 4,; THENC( RUN NORTH 00.21'Jlu WEST, ALONG THE SAID EAST LINE. A DISTANCE OF 306.88 FEET; THENCE, LEAVING SAID EAST LINE, RUN SOUTH 89"51'53~ WEST, A DISTANCE OF 25.00 FEET; THENCE RUN NOR TH 00.21'31 ~ WEST, A DISTANCE OF 25.00 FEET. (0 A POINT ON 'THE SOUTH LINE OF THE NOR TH 1/2 or SAID SECTION 4; THENCE RUN NORTH 89"51'53- EAST, ALONG SAID SOUTH LINE. A DISTANCE OF 25.00 FEET TO THE EAST 1/4 CORNER OF SAID SECTION 4; THENCE RUN NOR TH 00'29'51" WEST, ALONG THE EAST LINE OF THE NORTHEAST 1/4 OF SAle SECTION 4 A DISTANCE OF 2473.71 FEEf ro THE POINT OF BEGINNING. SAID LANDS LYING IN SEMINOLE COUN fY. FLORIDA AND CON f AININC 296.97 ACRES MORE OR LESS.