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HomeMy WebLinkAboutVII (C) Deeper Life Assembly - AR-02-08-04, Pre-Annexation Agreement Agenda 3-04-2003 eS.�e Center of Good Lfv�d' Item VII C Mayor '!!' Commissioners S. Scott Vandergrift O Danny Howell, District 1 21.- Scott Anderson, District 2 City Manager Rusty Johnson, District 3 Jim Gleason Nancy J. Parker, District 4 STAFF REPORT DATE: February 26, 2003 TO: The Honorable Mayor and City Commissioners FROM: Russ Wagner, AICP, Community Development Director SUBJECT: Deeper Life Assembly Pre-Annexation Agreement ISSUE: Should the Honorable Mayor and City Commissioners approve a pre-annexation agreement with Deeper Life Assembly. BACKGROUND: Deeper Life Assembly Church is located on a 5.2 acre tract at 8825 A.D. Mims Road. This site is north of that road and situated just east of Johio Shores Road across the street from the new Wellington Place Subdivision. The church resides in unincorporated Orange County, but within the Ocoee —Orange County Joint Planning Area. It is also within the Ocoee utility service area. DISCUSSION: The Deeper Life Church was built under Orange County development regulations. The metal- sided building and surrounding site do not meet the Ocoee design standards that have been applied to churches which have recently developed within the City. The church is currently served by a well and septic system for utilities, since it is City policy that municipal services only be provided to properties which annex into the City. In order to secure municipal water service, the Church has agreed to annex into the City. The attached Pre-Annexation Agreement, if approved by the Mayor and City Commissioners, would permit the Church to tie into the existing City water main on A.D. Mims Road, immediately after approved plans and permits are secured and appropriate fees are paid. As has been the past policy of the City, the property would be required to be upgraded as practical to meet the same regulations imposed on churches which are already located within the City. Additionally, the church would pay Police and Fire Impact Fees that would otherwise have been paid to the City. Exhibit "B" attached to the Pre-Annexation Agreement outlines clean-up improvements that would be accomplished within 60 days of the agreement and more significant improvements to bring the property up to City standards which would be accomplished within two years, or prior to Phase 2 development of the site. It is Staff opinion that this time period is reasonable given February 27, 2003 Honorable Mayor and City Commissioners Page 2 Staff met with the Minister of the Church, Dr. Rambisoon to discuss these items. According to Dr. Rambisoon, he was agreeable to all items except that he would like the improvements to the church building itself to be completed within three years, not two. Additionally, he did not wish to pay the City Attorney bills attributed to his project. Until these matters were discussed at the City Commission meeting, he would not sign the Pre-Annexation Agreement. STAFF RECOMMENDATION: Staff respectfully recommends that the Mayor and City Commissioners approve the attached Pre-Annexation Agreement for Deeper Life Assembly, subject to execution by the appropriate official of the church congregation. Attachment: Pre-Annexation Agreement O:\Staff Reports\2003\SR03023 CC.doc THIS INSTRUMENT PREPARED BY AND SHOULD BE RETURNED TO: Paul E. Rosenthal, Esq. FOLEY&LARDNER 111 North Orange Avenue, Suite 1800 Post Office Box 2193 Orlando,FL 32802-2193 (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): 10-22-28-0000-000-010 PRE-ANNEXATION AGREEMENT (DEEPER LIFE ASSEMBLY) THIS PRE-ANNEXATION AGREEMENT (this "Agreement") is made and entered into this day of , 2003, 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 INTERNATIONAL CHURCH OF THE FOURSQUARE, a not-for-profit corporation, whose mailing address is 8825 AD Mims Road, Ocoee, Florida 32816 (the"Owner"). WITNESSETH: WHEREAS, the Owner owns certain real property located in unincorporated Orange County, Florida consisting of approximately 5.3 acres located at 8825 AD Mims Road, Ocoee, Florida 32816, Tax Parcel Identification Number 10-22-28-0000-000-010 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 that certain 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 that certain Orange County/City of Ocoee Water Service Territorial Agreement (Contract No. W- 88-06), dated November 14, 1988, as amended; and 006.270985. 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, Owner has previously obtained from Orange County, Florida (the "County") approval for Phase 1 of a two (2) phase church facility on the Property; and WHEREAS, the Owner constructed Phase 1 and paid to the County all applicable impact fees in connection therewith; 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 as a church; and WHEREAS, Owner intends to apply for and obtain building permits from the City for Phase 2 at such time as Owner desires to construct Phase 2 on the Property; and WHEREAS, the City is agreeable to providing water service to the Property prior to annexation subject to certain modifications being made to the improvements constructed on the Property as part of Phase 1; 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 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 be 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 the Owner has previously submitted a petition for the voluntary annexation of the Property pursuant to Section 171.044, Florida Statutes. B. 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. 2- 006.2]0906. C. 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. D. 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 as a church. E. 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. F. 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. The parties hereto acknowledge that Phase 1 has been substantially completed in accordance with plans approved by the County. B. The City agrees that, upon annexation into the City, Owner may develop the Property in accordance with this Agreement and the list of modifications to the existing improvements constructed as part of Phase 1 attached hereto as Exhibit `B" and incorporated by this reference herein (the"City Required Plan Modifications"). C. The City Required Plan Modifications shall be completed in two segments. The first segment (the "Sixty Day Improvements") shall be completed within sixty (60) days of the City Commission of the City of Ocoee adopting an annexation ordinance bringing the Property within the municipal boundaries of the City of Ocoee (the "Annexation Ordinance"). The second segment (the "Two Year Improvements") shall be completed prior to the earlier of (i) two (2) years from the date of adoption of the Annexation Ordinance, or (ii) completion of development of Phase 2 of the Property. D. In addition to other remedies set forth herein, Owner's failure to complete a required improvement set forth in the Sixty Day Improvements or the Two Year Improvements within the time periods set forth herein shall be deemed to be a violation of the Ocoee City Code and shall subject the Property to code enforcement action. In addition, the Owner shall not be entitled to receive any building permits on the Property if any City Required Plan Modifications are not completed within the time specified herein. E. In recognition that Phase 1 has been approved in the County prior to annexation, the City hereby approves the Site Plan for Deeper Life Assembly dated July 20, 1998 and stamped Approved Plans Orange County Building Division #B98903269 5/19/2000 (the "County 3- 006.2]0986. Plans") as modified by the City Required Plan Modifications (the "Approved City Plans"). The City further agrees that so long as the Property 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. F. 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. G. Upon annexation of the Property, the Owner hereby agrees that any future development of the Property, including but not limited to the contemplated Phase 2, shall be developed in accordance with the then existing applicable requirements of the Ocoee City Code. H. The City hereby acknowledges that the church is a not for profit corporation, and therefore is currently exempt from payment of the standard road impact fees under the provisions of §87-9(C) of the Ocoee City Code. Notwithstanding, in the event Owner develops Phase 2 in the City, Owner shall be required to pay all applicable fees in effect at the time of development which may include, but shall not be limited to, building permit fees, police impact fees, fire impact fees, capital charges, and other fees and charges imposed by the City which may be associated with the development of Phase 2. 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. This Agreement does not in any way reserve any water capacity or guarantee the availability thereof. C. 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 Ocoee City Code. 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 the Owner shall contribute to the City the sum of Three Thousand Four Hundred Twenty-Nine and NO/100 Dollars ($3,429.00) (the "Owner Monetary Contribution"). The Owner Monetary Contribution constitutes a payment in lieu of police and fire impact fees for Phase l which has been developed. The Owner Monetary Contribution shall be paid into the following accounts of the City and shall be treated the same as impact fee payments made into 4- 006 2]0985. such accounts: (a) Fire Impact Fee Account: $2,556.00; and (b) Police Impact Fee Account: S873.00. The Owner Monetary Contribution shall be paid in full prior to connection of the Property to the City water system. 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 8. Notices. Any notice required to be 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 Marcia Cyrus Langlois, Esq., Post Office Box 608274, Orlando, FL 32810. 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 THE 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 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. -5- 006.2]09B5. 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. 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 13. 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. 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. E. 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 6- 006.2]W65. in connection with any proceeding in which the Owner seeks to challenge the validity or enforceability of any provision of this Agreement. 1. 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. 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. -7- 006.270985. 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: S.Scott Vandergrift,Mayor Print/Type Name Attest: Signature Jean Grafton, City Clerk ?rindType 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 , 2003 ON , 2003 UNDER AGENDA ITEM NO. FOLEY & LARDNER By: City Attorney -$- 006.270985. 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 , 2003. Signature of Notary Name of Notary (Type, Printed or Stamped) Commission Number(if not legible on seal): My Commission Expires(if not legible on seal): 9- 006.2]0985. IN WITNESS WHEREOF, the Owner has caused this Agreement to he duly executed the day of , 2003. "OWNER" Signed, sealed and delivered INTERNATIONAL CHURCH OF THE in the presence of: FOURSQUARE, a not- for-profit corporation Signature By: Name: Title: Print/Type Name Signature By: Name: Print/Type Name Title: (CORPORATE SEAL) 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 and as and , respectively of INTERNATIONAL CHURCH OF THE FOURSQUARE, a not-for-profit corporation, who [ ] arc personally known to me or [ ] produced as identification, and that they 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 them 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 , 2003. Signature of Notary Name of Notary (Type, Printed or Stamped) Commission Number Cu not legible on seal): My Commission Expires(if not legible on seal): lo- 906.2]0985. EXHIBIT "A" The"Property" S.W. 'A of the N.W. '''A lying South of ACL R.R. and North of A.D. Mims Road, in Section 10-22-28, Public Records of Orange County, Florida. -11- 006.90905. EXHIBIT"B" The"City Required Plan Modifications" Sixty Day Improvements 1) Remove trash from the retention pond and other areas behind the building. 2) Remove from the property the storage trailers currently located in the northwestern portion of the Property. 3) Provide screening around all of the A/C units to screen them from view, with either masonry walls or landscaping. 4) Provide 2" oak trees 50' on center along the entire Phase 1 rear boundary of the Property adjacent to the railroad tracks, similar to the trees that have been provided in other areas of the Property. 5) Provide an underground irrigation system for all landscaping on the Property that has not already been provided. Two Year Improvements 1) Realign the entrance to line up directly with the Wellington Place subdivision entrance on the south side of A.D. Mims Road. 2) Place all overhead power lines currently on the Property underground. All future power lines shall also be placed underground. 3) Replace all light poles and light fixtures currently on the Property with new light poles and light fixtures meeting Code requirements for office/commercial development (black metal poles maximum 30' tall,black fixtures with flat lenses). 4) Provide new siding or surface material on the exterior of all four sides of the existing building meeting Code requirements for office/commercial development (non-metal "skin"). 5) Provide along with the new siding or surface material a decorative trim around all windows and doors and along the roofline of the existing building. 6) Provide a row of ligustmm trees and/or crepe myrtle trees behind the viburnum shrubs along the frontage of A.D. Mims Road. 7) Expand the dumpster enclosure to include all solid waste containers (including containers for recyclable materials) and provide solid metal gates for the expanded dumpster enclosure. -12- 006.270985.