HomeMy WebLinkAboutVII (D) Maguire Road Self Storage Pre-Annexation Agreement for Water with ACJR Investments Agenda 4-16-2002
Item VII D
FOLEY : LARDNER
MEMORANDUM
CLIENT-MATTER NUMBER
020377-0587
TO: The I Ionorable Mayor and City Commissioners of the City of 0 ee
FROM: Paul E. Rosenthal, Esq., City Attorney
DATE: April 9, 2002
RE: Maguire Self Storage: Pre-Annexation Agreement
ISSUE:
Should the City Commission approve the proposed Pre-Annexation Agreement (Maguire
Self Storage) with ACJR Investments, Inc.?
DISCUSSION:
ACJR Investments, Inc. (Randy June) (the "Owner") is currently developing a self
storage facility (the "Project") near the intersection of Maguire Road and Roberson Road. The
Project is located in unincorporated Orange County and has obtained certain development
approvals from Orange County in connection therewith ("the Orange County Approvals").
Phase 1 of the Project has been completed, the Owner is preparing to commence Phase 2, and
Phase 3 is to be constructed at a later date. The Project is being developed on a septic tank and
well because City policy prohibits the provision of water service to contiguous lands located in
unincorporated Orange County which have not annexed. Phase 2 of the Project is proposed to
have a water tank erected for fire prevention purposes. The need for the water tank would be
eliminated by the provision of the City water service.
The Owner and City staff have been engaged in discussions regarding the possible
annexation of the subject property in order to obtain water service to eliminate the need for a
water tank. 'these discussions have raised the issue of the City policy regarding the annexation
of lands which have obtained development approvals from Orange County and which have
recently been developed (in whole or in part) in the County with impact fees and building
permits having been paid to the County. Current City policy prohibits the provision of water and
sewer service to lands located in unincorporated Orange County and the City service territory
unless those lands annex (or the City declines to annex those lands). The ability to obtain sewer
and water service is a critical issue considered by landowners in connection with the annexation
decision making process. The City staff has been attempting to balance the financial desirability
of adding developed or partially developed lands to the City tax rolls while avoiding an approach
which creates an incentive to develop in Orange County under the provisions of the County
Code. If lands develop in the County, then the City losses not only zoning and land use controls,
006.253038.1 FOLEY 8 LARDNER
FOLEY : LARDNER
but significant impact fee revenue which is typically not recouped by an annexation. The staff
approach has been to balance these competing goals by requiring an agreement to annex and pay
to the City the impact fees which would have been otherwise paid if the property had originally
developed in the City. The City staff has also indicated that it will review the Orange County
approvals in order to identify the applicable areas where revisions should be required in order to
bring the development into compliance with the provisions of the City's Land Development
Code. This approach has been utilized by the City staff in connection with its discussions with
the Owner on the Project.
It should be noted that the proposed use of the subject property for a self storage facility
is inconsistent with the City's Comprehensive Plan and the Joint Planning Area Agreement. As
a result, the annexation of the Property requires a Joint Planning Area Agreement Amendment,
Small Scale Comprehensive Plan Amendment and Rezoning. The staff will propose rezoning to
PUD since the current use would only be permitted in a C-3 zoning district which would not be
appropriate for the site.
As noted above, Phase I of the Project has been developed in Orange County. Phase 2 of
the Project has not yet been developed, but may be developed in either Orange County or the
City depending on the final timing of annexation. In order to connect the subject Property to the
City Water System prior to annexation, the City staff has required that the Owner enter into the
attached Pre-Annexation Agreement which obligates the Owner to annex the Property and
addresses other issues. Highlights of the Agreement arc as follows:
(I) The Owner agrees to file a petition for voluntary annexation within thirty (30)
days of the effective date of the Agreement. The Owner shall not be entitled to
withdraw the petition unless the City proposes a zoning classification which
would preclude the use of the Property for the Project.
(2) Prior to annexation, the Owner will develop the Project in accordance with the
Orange County Approvals. Following annexation, the Owner will develop the
Project in accordance with modified plans attached as Exhibit "B" to the
Agreement (which are referred to as the "Approved City Plans"). No further site
plan approvals or public hearings would be required to be developed in
accordance with the Approved City Plans. The Project shall be considered a legal
conforming use and legal conforming structure notwithstanding any conflict with
the Land Development Code. The Agreement will control in the event of
conflicts with Code. The City staff will separately discuss with the City
Commission the proposed site plan and any deviations from City Code
requirements.
(3) The City will provide water service to the Property prior to annexation. If so
provided, the Owner will pay the applicable water capital charge and surcharge
for lands in unincorporated Orange County. In consideration for the provision of
such water service, the Owner agrees that it will not construct a water tank or
similar structure on the Property.
2
006.253038.1
FOLEY : LARDNER
(4) If the entire Project been developed in the City of Ocoee, the Owner would have
paid to the City road, police and fire impact fees for Phases 1 and 2 in the total
amount of$45,555.21. The Staff has negotiated a payment of$40,000 to the City
to reimburse the City for these lost impact fees. If Phase 2 is developed in the
City then this amount will be reduced by the Phase 2 impact fees paid to the City.
The monies will be payable to the applicable impact fee funds. It should be noted
that the Owner has paid impact fees to the County for Phase 1 of the Project.
The City staff believes that the Pre-Annexation Agreement is consistent with the balancing
approach discussed above.
The consideration of the Pre-Annexation Agreement deals with the general policy issue
discussed above regarding the annexation of lands which have been recently developed (in whole
or in part) in Orange County and which seek annexation in order to obtain sewer and/or water
service from the City. Should the City Commission approve the proposed Agreement, the staff
would intend to follow this approach in dealing with other property owners unless otherwise
directed by the Commission.
RECOMMENDATION:
It respectfully is recommended that the City Commission approved the Pre-Annexation
Agreement (Maguire Self Storage) between the City and ACJR Investments, Inc. and authorized
execution thereof by the Mayor and City Clerk.
Enclosure
PER/jlh
3
006 253038.1
THIS INSTRUMENT PREPARED BY
AND SHOULD BE RETURNED TO:
Paul E. Rosenthal, Esq.
FOLEY & LARDNER
I I l North Orange Avenue, Suite 1800
Post Office Box 2193
Orlando, FL 32802 2 193
(407)423-7656
AFTER RECORDING RETURN TO:
Jean Grafton, City Clerk
CITY OF OCOEE
150 North Lakeshore Drive
Ocoee, Florida 34761
Tax Parcel Identification Number(s):
31-22-28-0000-00-036
31-22-28-0000-00-027
31-22-28-0000-00040
PRE-ANNEXATION AGREEMENT
(MAGUIRE SELF STORAGE)
THIS PRE-ANNEXATION AGREEMENT (the "Agreement") is made and entered
into this day of , 2002, by and between the CITY OF OCOEE, a
Florida municipal corporation, whose mailing address is 150 North Lakeshore Drive, Ocoee,
Florida 34761 (the "City") and ACJR INVESTMENTS, INC., whose mailing address is 71
E. Church Street, Suite 200, Orlando, Florida 32301 (the "Owner").
W ITNESSETH:
WHEREAS, the Owner owns certain real property located in unincorporated Orange
County, Florida consisting of approximately 4.92 acres located at 716 Maguire Road, Tax
Parcel Identification Numbers 31-22-28-0000-00-036, 31-22-28-0000-00-02, and 31-22-28-
0000-00-040 as more particularly described in Exhibit "A" attached hereto and by this
reference made a part hereof(the "Property"); and
WHEREAS, the Property is located within the Joint Planning Area as defined in Joint
Planning Area Agreement dated February 11, 1994 between the City and Orange County as it
may be amended from time to time (the "Joint Planning Area Agreement") and is contiguous
to the corporate limits of the City; and
WHEREAS, the Property is located within the City water territorial area as set forth in
the Territorial Agreement (as defined below); and
006.234323.4
WHEREAS, the Owner of the Property has requested, and the City has agreed, subject
to the terms, conditions and limitations hereinafter set forth, that the City shall either provide
water service to the Property prior to annexation of the Property into the City or, to the extent
reasonably practicable, expedite the annexation of the Property into the City; and
WHEREAS, in consideration of the City providing such water service to the Property
and in consideration of other matters set forth in this Agreement, the Owner desires to
voluntarily petition the City to annex the Property pursuant to Section 171.044, Florida
Statutes; and
WHEREAS, the parties acknowledge and agree that this Agreement constitutes a
petition for the voluntary annexation of the Property pursuant to Section 171.044, Florida
Statutes; and
WHEREAS, Owner has previously obtained from Orange County, Florida (the
"County") approval of the following plans in accordance with the applicable requirements of
the County: (1) "Site Plan, Paving & Drainage Windermere Mini-Storage" consisting of 3
pages and stamped Plan Review Control Number B97902387, Date 2-21-01, with each page
hearing an Orange County Building Division Commercial Plans Review Division approval
stamp, undated; and, (2) Building Plans for Windermere Mini-Storage, bearing control
numbers B00901175 and 2208-10 and date stamped as approved 5/2/01 (the "Approved
County Plans"); and
WHEREAS, pursuant to the Approved County Plans, the Owner is constructing in
three (3) phases a self storage facility on the Property (the "Project"); and
WHEREAS, in connection with the annexation of the Property, the Owner intends to
apply to the City for a zoning designation consistent with the use of the Property for the
Project; and
WHEREAS, Owner has previously obtained from the County building permits to
construct Phase 1 and has constructed Phase 1 of the Project and has paid to the County all
applicable impact fees in connection therewith; and
WHEREAS, Owner reasonably and in good faith anticipates that building permits will
be issued by the County for Phase 2 upon confirmation that the Project can connect to the
City's water system and upon payment of applicable County impact fees; and
WHEREAS, Owner desires to complete development of the Project in accordance with
the Approved County Plans without regard to the annexation of the property into the City; and
WHEREAS, the City is agreeable to allowing the Project to be completed in
accordance with the Approved County Plans subject to certain modifications being made as set
forth herein; and
WHEREAS, the City and Owner desire to address in this Agreement certain matters
related to the terms and conditions under which water service will be provided to the Property
006 234323.4 -2-
and certain terms and conditions related to the annexation and development of the Property in
the event of annexation into the City.
NOW, THEREFORE, in consideration of the premises and the mutual promises and
agreements set forth herein and other good and valuable consideration the receipt of which is
hereby acknowledged and intending to he legally bound hereby, the parties hereto do hereby
agree as follows:
Section 1. Recitals. The Recitals set forth above are true and correct and by this
reference are incorporated herein as part of this Agreement.
Section 2. Annexation.
A. The Owner and the City acknowledge and agree that this Agreement constitutes
a petition for the voluntary annexation of the Property pursuant to Section 171.044, Florida
Statutes.
B. The Owner shall within thirty (30) days from the Effective Date of this
Agreement (i) execute all applications and documents required by the City in order to process
the Owner's petition for voluntary annexation including, but not limited to, the Application for
Annexation and Initial Rezoning Consistent with the Ocoee Comprehensive Plan and the
Annexation and Initial Zoning Hold Harmless Agreement; (ii) pay all applicable fees, costs
and expenses associated with the petition for voluntary annexation and rezoning with a pre-
annexation agreement as required by the City; and (iii) provide all documentation required by
Florida law, including, but not limited to, Section 177.044, Florida Statutes, for the voluntary
annexation of the Property. Following the Owner's compliance with the foregoing, the City
shall process this petition for voluntary annexation.
C. The Owner acknowledges and agrees that this Agreement does not in any way
obligate or require the City to annex the Property or grant to the Owner any particular zoning
which may be requested in connection with such annexation.
D. The Owner acknowledges and agrees that any zoning granted to the Owner in
connection with the Property shall be consistent with the terms and conditions of the Joint
Planning Agreement as it may be amended from time to time.
E. The Owner shall not be entitled to withdraw the petition for voluntary
annexation unless the City proposes a zoning classification for the Property which would
preclude the use of the Property for the Project.
F. The City acknowledges and agrees that 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, are material inducements to the Owner to enter
into this Agreement and Owner would not voluntarily annex into the City of Ocoee or enter
into this Agreement but for such agreement and assurances by the City.
006 234323 4 -3-
G. The Owner acknowledges and agrees that the Owner's assurance to the City that
this Agreement is enforceable against the Owner and that the Owner will not thwart
enforcement based on any claim of invalidity, are material inducements to the City to enter
into this Agreement and City would not enter into this Agreement but for such agreement and
assurances by the Owner.
Section 3. Development of the Property.
A. Prior to annexation into the City, the Owner hereby agrees to develop the
Property and the Project in accordance with the Approved County Plans and this Agreement.
The parties hereto acknowledge that Phase 1 of the Project has been completed in accordance
with the Approved County Plans. The Approved County Plans are hereby incorporated herein
by reference as if fully set forth herein.
B. The City agrees that upon annexation into the City Owner may develop the
Property and the Project in accordance with this Agreement and the modified site plan attached
hereto as Exhibit "B" and incorporated by this reference herein, and which consists of three
(3) pages which depict the site plan originally approved by Orange County but which
incorporate the modifications to the Approved County Plans required by the City (the "City
Required Plan Modifications") for development of the Project in the City. In recognition that
development of the Project has commenced in the County prior to annexation, the City hereby
approves the Approved County Plans, as modified by the City Required Plan Modifications
(the "Approved City Plans"). The City further agrees that so long as the Project is developed
in accordance with the Approved City Plans, that it shall be considered to be a legal
conforming use and a legal conforming structure under the Ocoee City Code and that the City
will issue building permits and certificates of occupancy with respect thereto. In the event of
any conflict(s) between the Approved City Plans and the Ocoee City Code, it is hereby
expressly agreed that this Agreement shall constitute a waiver of such conflict(s) and the
Approved City Plans shall control. Notwithstanding the foregoing, to the extent the Florida
Building Code would control if the Project were developed in the County it is agreed that the
Florida Building Code shall control in the event of any conflict with the Approved County
Plans. Further, and notwithstanding anything to the contrary herein contained, City hereby
expressly acknowledges that, due to market demand, Owner may wish to revise the unit size
mix (e.g., converting two 100 square foot units into one 200 square foot unit or vice versa) for
Phase 3 of the Project. City expressly agrees that so long as the total square footage of Phase
3 is not increased and that all constructed units comply with the Approved City Plans (but for
the number of units), the City will not use such proposed conversion as an opportunity to
re-visit the Approved City Plans or seek additional landscaping or other conditions of approval
from the Owner.
C. Upon annexation of the Property, the Owner hereby agrees to develop the
Property and the Project in accordance with the Approved City Plans subject to the terms and
conditions of this Agreement.
D. If annexation of the Property is completed prior to the time Owner pays his
impact fees to the County for Phase 2 and pulls County building permits, the Owner shall
006 234323.4 -4
develop Phase 2 of the Project in the City and pay all applicable impact fees, building permit
fees, capital charges, and other fees and charges imposed by the City which may be associated
with the development of Phase 2 of the Project. The Owner shall develop Phase 3 of the
Project in the City and pay all applicable impact fees, building permit fees, capital charges,
and other fees and charges imposed by the City which may be associated with the development
of Phase 3 of the Project and any subsequent phases.
Section 4. Water Service for Fire Protection.
A. Subject to the terms, conditions and limitations set forth in this Agreement, the
City agrees that prior to annexation it will provide water service to the Property upon
compliance by the Owner with all applicable regulations of the City and the payment of all
fees, water capital charges, costs and expenses associated therewith.
B. The parties acknowledge that the County has previously approved, subject to
submittal of final construction plans therefore, the construction of a water tank on the Property
as part of Phase 2 of the Project. In consideration for the City providing the water services
provided for herein, the Owner acknowledges and agrees that neither Owner nor its successors
or assigns shall construct a water tank or similar structure on the Property. The foregoing is a
material inducement to the City to enter into this Agreement.
C. This Agreement does not in any way reserve any water capacity or guarantee
the availability thereof.
D. The Owner acknowledges and agrees that for so long as the Property is not
located within the corporate limits of the City the water capital charge and monthly rates and
charges for water service as established by the City from time to time shall be charged at the
same rate charged to consumers within the corporate limits of the City plus a surcharge as
provided in the Code of Ordinances of the City. Following annexation, the water capital
charges and monthly rates and charges applicable to consumers within the corporate limits of
the City will apply with respect to water service for the Property. The Owner agrees to pay
all such charges for water service and, if applicable, surcharges as required by the City.
Section 5. Owner Monetary Contribution. As a material inducement to the City to
enter into this Agreement and provide water service to the Property prior to annexation, the
Owner hereby agrees that, if the Owner pulls permits from the County for the construction of
Phase 2 the Owner shall contribute to the City the sum of Forty Thousand and No/100 Dollars
($40,000.00) (the "Owner Monetary Contribution"). The Owner Monetary Contribution
constitutes a payment in lieu of road, police and fire impact fees for Phases 1 and 2 of the
Project which has been or will he developed in the County. The Owner Monetary
Contribution shall be paid into the following accounts of the City and shall he treated the same
as impact fee payments made into such accounts: (a) Road Impact Fee Account: $20,168.00;
(h) Fire Impact Fee Account: $14,784.00; and (c) Police Impact Fee Account: $5,048.00.
The Owner Monetary Contribution shall be paid in full prior to connection of the Property to
the City water system. In the alternative, if the annexation of the Property is completed in
time for the Owner to pull permits for the construction of Phase 2 from the City of Ocoee,
then the Owner shall contribute to the City the sum of Forty Thousand and No/100 Dollars
e06.234323.4 -5-
($40,000.00) less the total amount of impact fees the Owner has paid to the City in order to
pull any and all necessary permits to construct Phase 2 of the Project (the "Alternative Owner
Monetary Contribution"). The Alternative Owner Monetary Contribution constitutes a
payment in lieu of road, police and fire impact fees for Phase 1 of the Project which has been
developed in the County. The Alternative Owner Monetary Contribution shall be paid to the
City and paid proportionately into the following accounts of the City and shall be treated the
same as impact fee payments made into such accounts: (a) Road Impact Fee Account
(50.42%); (b) Fire Impact Fee Account (36.96%); and (c) Police Impact Fee Account
(12.62%). Either the Owner Monetary Contribution or the Alternative Owner Monetary
Contribution, as hereinbefore provided, shall be paid in full prior to connection of the
Property to the City water system. Neither the Owner nor any other person or entity shall be
entitled to any impact fee credits or other compensation of any kind for, on account of, or with
respect to the Owner Monetary Contribution or the Alternative Owner Monetary Fee
Contribution, it being agreed that the Owner Monetary Contribution or the Alternative Owner
Monetary Fee Contribution is being voluntarily contributed by Owner to the City in order to
mitigate the transportation, fire and police impacts arising from or in any way relating to
Phase 1 and, in the event of payment of the Owner Monetary Contribution, Phase 2 of the
Project. It is expressly agreed that neither the Owner Monetary Contribution nor the
Alternative Owner Monetary Contribution shall be reimbursable to the Owner by the City or
by any other person or entity.
Section 6. Agreement Runs with the Land. In consideration of the City providing
water service to the Property prior to annexation, the Owner and the City acknowledge and
agree that this Agreement is irrevocable and, further, this Agreement and all other rights and
obligations of the parties hereunder are intended to and shall run with the Property, and shall
bind, and inure to the benefit of, the parties hereunder and their respective successors in title.
Section 7. Representations by Owner. The Owner hereby warrants and represents to
the City that the Owner currently owns fee title to the Property and has full power and
authority to enter into this Agreement and that the Property is free and clear of all liens and
encumbrances, except for the lien of the mortgage referenced in the Joinder, Consent and
Subordination attached hereto.
Section S. Notices. Any notice required to he given hereunder shall be in writing and
shall be delivered in person or by certified mail, postage paid, return receipt requested as
follows. If such notice is to be given to the City, such shall be given at the address set forth
above. If such notice is to be given to the Owner, such shall be given at the address shown in
the tax collector's records for the Tax Parcel Identification Numbers set forth above with a
copy to Scott A. Glass, Esq., P.O. Box 4956, Orlando, FL 32802-4956. Any notice,
direction or other communication delivered or mailed, as directed above shall be deemed to be
delivered as of three (3) days after the date of mailing or, if delivered personally, when
received.
Section 9. Defaults and Remedies. IN TILE EVENT THE OWNER FAILS TO
COMPLY WITH ANY OF THE TERMS AND CONDITIONS OF THIS AGREEMENT
AND SUCH FAILURE CONTINUES FOR THIRTY (30) DAYS AFTER WRITTEN
006 234323 4 -6
NOTICE FROM THE CITY, THE CITY MAY DISCONNECT AND TERMINATE ANY
WATER SERVICE PROVIDED TO THE PROPERTY. THE OWNER HEREBY
CONSENTS TO SUCH DISCONNECTION AND TERMINATION OF WATER SERVICE
AND EXPRESSLY WAIVES ANY CLAIMS BASED UPON THE DISCONNECTION AND
TERMINATION OF SUCH WATER SERVICE BY THE CITY.
OWNER'S INITIALS:
Section 10. Indemnification.
A. The Owner hereby agrees to indemnify and save the City harmless from and
against all losses, costs, expenses, claims, damages, judgments, liabilities and causes of action
whatsoever (collectively, "Claims") including reasonable attorneys' fees and paralegal fees
both at trial and at appellate levels, arising out of or alleged to have arisen out of this
Agreement or been occasioned, in whole or in part, by the exercise of the City of its rights
granted hereunder. The Owner shall use its best efforts to promptly notify the City in writing
of any Claims and shall provide the City with information regarding the Claims as the City
may reasonably request, but the failure to give such notice or provide such information shall
not diminish the Owner's obligations under this Section.
Section 11. Recording. The Owner acknowledges and agrees that the City shall
record this Agreement in the Public Records of Orange County, Florida, and the Owner agrees
to pay all costs associated therewith.
Section 12. Territorial Agreement. The references herein to the Territorial
Agreement refers to the Orange County/City of Ocoee Water Service Territorial Agreement
(Contract No. W-88-06), dated November 14, 1988, as amended.
Section 13. Further Documentation. The parties agree that at any time following a
request therefor by the other party, each shall execute and deliver to the other party such
further documents and instruments, in form and substance reasonably necessary to confirm
and/or effectuate the obligations of either party hereunder.
Section 14. Miscellaneous.
A. ANY FUTURE OWNERS OF THE PROPERTY SHALL TAKE TITLE TO
THE PROPERTY SUBJECT TO THIS AGREEMENT AND BY ACCEPTING A DEED OF
CONVEYANCE TO THE PROPERTY, AGREE TO BE BOUND BY THE TERMS AND
CONDITIONS OF THIS AGREEMENT.
B. The Property shall be deemed a single parcel and any subparcels of the Property
which are created by subdivision or by any other means shall be subject to the terms and
conditions of this Agreement, subsequent sale and individual ownership notwithstanding.
C. For all purposes of this Agreement, the Effective Date hereof shall mean the
date when the last of the City or the Owner has executed the same, and that date shall be
inserted at the top of the first page hereof.
006.234323.4 -�
D. This Agreement may not be modified or amended, or any term or provision
hereof waived or discharged except in writing, in recordable form, signed by the parties
hereto, or their respective successors and assigns. Any such modification or amendment shall
not be effective until recorded in the Public Records of Orange County, Florida.
F. This Agreement shall be construed and enforced in accordance with, and
governed by, the laws of the State of Florida.
F. All of the terms of this Agreement, whether so expressed or not, shall be
binding upon the respective successors, assigns and legal representatives of the parties hereto
and shall inure to the benefit of and be enforceable by the parties hereto and their respective
successors, assigns and legal representatives.
G. The headings of this Agreement are for reference only and shall not limit or
otherwise affect the meaning thereof.
H. In the event the either party institutes a legal proceeding against the other party,
to enforce the terms of this Agreement or for breach of any of the terms, conditions or
covenants of this Agreement or in the event of any litigation between the parties which arises
out of this Agreement, the prevailing party shall be entitled to recover from the other party its
reasonable attorneys' fees, paralegal fees and costs, both at the trial and appellate levels;
provided, however, that notwithstanding the foregoing and without regard to the prevailing
party, the Owner shall bear its own attorneys' fees and costs and shall reimburse the City for
its attorneys' fees and costs in connection with any proceeding in which the Owner seeks to
challenge the validity or enforceability of any provision of this Agreement
L In the event a third party institutes a legal proceeding against the City and/or the
Owner, regarding the enforceability of this Agreement or any other matters arising out of or
related to this Agreement or the provision of water service, and such third party prevails, then
in such event the Owner shall pay all costs, fees, charges, and expenses of the City relative
thereto, including but not limited to attorneys' fees and paralegal fees at both the trial and
appellate levels.
J. In addition to each and every remedy now or hereafter existing at law or in
equity, the parties hereto expressly agree that City shall have the right to enforce this
Agreement by an action for specific performance.
K. This Agreement embodies and constitutes the entire understandings of the
parties with respect to the subject matter hereof and all prior or contemporaneous agreements,
understandings, representations and statements, oral or written, are merged into this
Agreement.
L. Time is hereby declared of the essence to the lawful performance of the duties
and obligations contained in this Agreement.
006.234323.4 -8
M. This Agreement may be executed in any number of counterparts, each of which
shall be deemed to be an original but all of which together shall constitute one and the same
instrument.
N. If any word, sentence, phrase, paragraph, provision, or portion of this
Agreement is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and
such holding shall not affect the validity of the remaining portion hereof so long as the purpose
and intent of this Agreement can still be achieved.
O. The attached Exhibits are part of this Agreement as though fully set forth in this
Agreement.
IN WITNESS WHEREOF, the City has caused this Agreement to be executed as of
the day and year first written above.
"CITY"
Signed, sealed and delivered
in the presence of: CITY OF OCOEE, a Florida municipal
corporation
Signature
By:
Princ'Type Name S. Scott Vandergrift, Mayor
Attest:
Signature .lean Grafton, City Clerk
Print.Type Name (SEAL)
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA
APPROVED AS TO FORM AND APPROVED BY THE OCOEE CITY
LEGALITY COMMISSION AT A MEETING HELD
This day of , 2002 ON ,2002
UNDER AGENDA ITEM NO.
FOLEY & LARDNER
By: City Attorney
006 234323 4 -9-
STATE OF FLORIDA
COUNTY OF ORANGE
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the
State aforesaid and in the County aforesaid to take acknowledgments, personally appeared S.
SCOTT VANDERGRIFT and JEAN GRAFTON, personally known to me to be the Mayor
and City Clerk, respectively, of the CITY OF OCOEE, a Florida municipal corporation, and
that they severally acknowledged executing the same on behalf of said municipality in the
presence of two subscribing witnesses freely and voluntarily under authority duly vested in
them by said municipality.
WITNESS my hand and official seal in the County and State last aforesaid this
day of , 2002.
Signature of Notary
Name of Notary (Type, Printed or Stamped)
Commission Number(il'not legible on seal):
My Commission Expires(if not legible on seal):
IN WITNESS WHEREOF, the Owner has caused this Agreement to be duly executed
the day of , 2002.
"OWNER"
Signed, sealed and delivered ACM INVESTMENTS, INC.,
in the presence of: a corporation
By:
Signature Name:
I itic:
Print/Type Name
(CORPORATE SEAL)
Signature
Print/Type Name
-10-
006.234323.4
STATE OF
COUNTY OF
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the
State and County aforesaid to take acknowledgments, personally appeared
as of ACJR
INVESTMENTS, INC., a corporation, who [ ] is personally known to me
or [ ] produced as identification, and that he
acknowledged executing the foregoing instrument on behalf of said corporation in the presence
of two subscribing witnesses freely and voluntarily under authority duly vested in him/her by
said corporation, and that the seal affixed hereto is the true corporate seal of said corporation.
WITNESS my hand and official seal in the County and State last aforesaid this
day of , 2002.
Signature of Notary
Name of Notary (Type, Printed or Stamped)
Commission Number(it not legible on seal):
My Commission Expires(it nol legible on seal):
-11-
006 234323 4
JOINDER, CONSENT AND SUBORDINATION
The undersigned hereby certifies that is the
holder of a mortgage, lien or other encumbrance upon the above described property, and that
the undersigned hereby joins in and consents to the foregoing instrument and agrees that its
mortgage, lien or other encumbrance, which is recorded in Official Records Book
Page of the Public Records of Orange County of Florida, shall be subordinated to the
foregoing instrument.
IN WITNESS WHEREOF, the undersigned has executed this Joinder, Consent and
Subordination as of the day of , 2002.
Signed, sealed and delivered
in the presence of:
By:
Signature
Print Name:
Print/Type Name
Its:
Signature (CORPORATE SEAL)
Print/Type Name
STATE OF
COUNTY OF
THIS IS TO CERTIFY, that on this day of , 2002,
before me, an officer duly authorized to take acknowledgments in the State and County
aforesaid, personally appeared , as of
who [ ] is personally known to me or [ ] produced
as identification, and that who acknowledged that he as the individual
described in and who executed the foregoing instrument and acknowledged the execution
thereof to be his/her free act and deed as such officer [hereunto duly authorized, that the
official seal of said corporation is duly affixed thereto.
IN WITNESS WHEREOF, I have hereunto set my hand and seal on the above date.
Signature of Notary
Name of Notary (Type, Printed or Stamped)
Commission Number(if not legible on seal):
My Commission Expires(it not legible on seal):
006 234323 4 -12-
EXHIBIT "A"
LEGAL DESCRIPTION
The North '/2 of the South /2 of the North 'R of the Southeast 1/4
of the Northeast 1/4, Section 31, Township 22 South, Range 28
East, Orange County, Florida (LESS the East 40 Feet thereof for
Road Right-of-Way).
-13-
006.234323.4
"CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" MAYOR•COMMICSIGNER
Ocoee S.SCOTT VANDERGRIFI'
e .. CITY OF OCOEE COMMISSIONERS
�� 4 DANNY HOWELL
WWWiii 150 N. LAKESHORE DRIVE
C. OCOEE, FLORIDA 34761-2258 SCOIF ANDF:RSON
n`•6 \ :�/ �?V (407 905-3100 RUSTY JOIINSON
V/ ) COMMISSIONERS
J. PARKER
r�P Or GOOD``a
CITY MANAGER
JIM GLEASON
MEMORANDUM
DATE: April 10, 2002
TO: The Honorable Mayor and City Commissioners
FROM: Russ Wagner, Director of Planning
SUBJECT; Exhibit "B"
Windermere Mini-Storage Plans
(Maguire Self-Storage)
The attached plans constitute the modified site plan identified as Exhibit "B" in the Pre-
Annexation Agreement. These plans largely follow Orange County regulations, so there
are a variety of differences in setbacks, site coverage, landscaping and architectural
requirements which are too numerous to list.
Given that the project was approved and commenced in Orange County, City staff
reviewed the plans to recommend only those changes that could be practically
implemented to meet City code as closely as possible. These changes have included
additional landscaping at the front and at the rear of the property, the elimination of any
security lighting along the perimeter which could cause glare to adjoining residents, and
detailed engineering plans affecting the construction of water and storm sewer lines.
The storm water management system remains as approved by the St. Johns River
Water Management District. The plans also provide for the ability to change the unit
mix, but not the overall size of the buildings. Sprinklers are not provided in the current
plans, although new fire hydrants are to be incorporated into the site.
RBW/csa
Attachment
O:\CALEXANDER\ALL_DATA\CAPDFILE Memorandums\Mtp2002\MFP02054.doc
pow!
6' High Masonry Wad or Stockade
Fence on J SHes (r/ Opowe Dom)
6- Conc. Pad wl 6' x 6'
No. 10/10 W.W.M.
SET TOP OF VALVE BOX
777, 771
TO FINISHED GRADE
CONCRETE COLLAR
FINISHED GRADE
UNPAVED
SEE DETAILS
HYDRANT OPERATING NUT
HOSE NOZZLE
AS REQ'D.'
I
ArlJtffABIF IRON
ETEa 6QPTHIC
R I
PAD.
ET.
SEE NOTE 2 VO VALE BOX
NOTE I
2 9*
VALVE CTAIL)OLLAR
( SEE. DE
R ESIUENT SEAT
.--BOX SHALL REST ON
BEDDING ROCK NOT
LAT
O.C.
AROUND,
of
M. J. GATE VALVE
ON VALVE ORE PIPE
i
AND SHALL B
N
WATER LIT,
MAIN NO
COMPACTED
FlBACKII
VARIES—
-M J HYDRANT
SEE NOTE: 2
ANCHORING TEE
�4
•
6' BEDDING ROCK
-----------
q;iE&�o ROCK
P
It. Fire 1: H j�*an
RESILIENT. SEAT GATE
NOTES:
-STANDARD -INSTALLATION
yALVE AND EE DETAIL rX
I. PVC aGEMNS SHALL NOT BE USED ON VALVE BOX INSTALLATION.
2.THE ACTUATING NUT FOR DEEPER VALVES SHALL BE EXTENDED TO•
COME UP TO 2 FOOT DEPTH BELOW FINISHED GRADE.
.. . ...... .
NOTES:
%A
TE VAL VE AND BOX DETAIL
l.THE DEVELOPER MAY
INSTALL THE SHEAR
PAD
N. TS.
RECESSED UP TO 4*
BELOW FINISHED GRADE
AND.SOD THE RECESSED