HomeMy WebLinkAboutItem 17 Approval of Intent to Annex Agreement with MPJ Realty USA, LLC
City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761
Phone: (407) 905-3100 ▪ www.ocoee.org
STAFF REPORT
Meeting Date: October 21, 2025
Item #: 17
Contact Name: T'Jean Tomlinson Department Director: Jen Bolling
Contact Number: Ext. 4301 City Manager: Craig Shadrix
Subject: Approval of Intent to Annex Agreement with MPJ Realty USA, LLC. (Utilities Director
Bolling)
Background Summary:
MPJ Realty USA, LLC (MPJ), a business that owns 3376 Seminole Street (Property), approached the City
requesting water service for the Property. MPJ intends to make improvements consisting of a lot split and
building two single-family residences. Addresses for this parcel after the lot split will be 3376 and 3206
Seminole Street.
The Property is currently located in Unincorporated Orange County, outside of Ocoee’s Joint Planning Area
Boundary and City Limits and within the City's Water Service Territory. The City has an available water main
directly north of the Property on Seminole St., which can be used to provide water service; however, the
property owner must sign an intent to Annex for connection. Water service has already been provided under
similar circumstances to the adjacent Property —3206 Seminole St—following a request from the owner
(2004).
Staff worked with the City Attorney to modify the Standard Intent to Annex Agreement to address municipal
boundary references and add the following language:
• The Owner agrees, upon request of the City, to apply for an amendment to the Joint Planning Area
Agreement for the purpose of including the Property within the Joint Planning Area; and
• The Owner agrees to not object to any amendment to the Joint Planning Area Agreement that would
include the Property within the Joint Planning Area; and
MPJ must execute the modified Intent to Annex Agreement and pay all fees associated with the water
connections and water service upfront and prior to any construction of the water services.
Issue:
Should the Honorable Mayor and City Commissioners approve the Intent to Annex Agreement with MPJ
Realty USA, LLC?
City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761
Phone: (407) 905-3100 ▪ www.ocoee.org
Recommendations:
Staff recommends the Honorable Mayor and City Commissioners approve the Intent to Annex agreement with
MPJ Realty USA, LLC.
Attachments:
1. 3376 Seminole St Intent to Annex Modified
Financial Impacts:
There is no financial impact as MPJ is responsible for all costs associated with connection.
Type of Item: Consent
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THIS INSTRUMENT
SHOULD BE RETURNED TO:
Richard S. Geller, Esq.
Fishback Dominick
1947 Lee Road
Winter Park, FL 32789
AFTER RECORDING RETURN TO:
City of Ocoee City Clerk
1 North Bluford Avenue
Ocoee, Florida 34761
Tax Parcel Identification Number: 29-22-28-0740-02-010
ANNEXATION AGREEMENT FOR UTILITY SERVICE
THIS ANNEXATION AGREEMENT (the “Agreement”) is made and entered into this
day of , 20 , by and between the CITY OF OCOEE, a Florida
municipal corporation, whose mailing address is 1 North Bluford Avenue, Ocoee, Florida 34761
(the “City”) and MPJ Realty USA, LLC, a Florida limited liability company, whose mailing
address is 407 Lincoln Rd., STE PH-NE, Miami Beach, FL 33139 (the “Owner”).
W I T N E S S E T H:
WHEREAS, the Owner owns certain real property located at 3376 Seminole St., Gotha,
Florida 34734, Tax Parcel Identification Number 29-22-28-0740-02-010, as more particularly
described in Exhibit “A”, which is attached hereto and by this reference made a part hereof (the
“Property”); and
WHEREAS, the Property is located within the City utility territorial areas as set forth in
the Territorial Agreements (as defined below); and
WHEREAS, the Property is not located within the Joint Planning Area, as defined in Joint
Planning Area Agreement dated December 3, 2019, between the City and Orange County, as it
may be amended from time to time (the “Joint Planning Area Agreements”), nor does the Property
currently meet the statutory requirements for voluntary annexation under the provisions of Section
171.044, Florida Statutes; and
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 provide potable water,
sewer and/or reclaimed water service (hereafter “Utilities”) to the Property; and
WHEREAS, in consideration of the City providing water service to the Property, the
Owner agrees, upon request of the City, to apply for an amendment to the Joint Planning Area
Agreement for the purpose of including the Property within the Joint Planning Area; and
WHEREAS, the Owner agrees to not object to any amendment to the Joint Planning Area
Agreement that would include the Property within the Joint Planning Area; and
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WHEREAS, in consideration of the City providing Utilities service to the Property, the
Owner desires to voluntarily petition the City to annex the Property pursuant to Section 171.044,
Florida Statutes; provided, however, at this time the City cannot annex the Property because the
Property does not currently meet the statutory requirements for voluntary annexation under the
provisions of 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, the Owner agrees that at the time the City makes a determination that the
Property meets the statutory requirements for voluntary annexation under the provisions of Section
171.044, Florida Statutes, and upon the request of the City, the Owner shall execute all applications
and documents required by the City, pay all applicable fees, costs, and expenses, and provide all
documentation required by Florida law, including, but not limited to, Section 171.044, Florida
Statutes, necessary for the voluntary annexation of the Property.
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 this Agreement constitutes a
petition for the voluntary annexation of the Property pursuant to Section 171.044, Florida Statutes.
The Owner and the City further acknowledge and agree that the petition cannot be processed at
this time because the Property does not meet the statutory requirements for voluntary annexation
under the provisions of Section 171.044, Florida Statutes.
B. The City shall have the right, but not the obligation, to process the petition;
provided, however, that the petition shall not be processed by the City unless and until a
determination is made by the City, in its sole and absolute discretion, that the Property meets the
statutory requirements for voluntary annexation under the provisions of Section 171.044, Florida
Statutes, or such other provisions of the Florida Statutes as may then be applicable to voluntary
annexations. Following such determination by the City and upon the written request of the City,
the Owner shall within thirty (30) days of receipt of such written request from the City, (i) execute
all applications and documents required by the City at the time of such request 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 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 including, but not limited to, a metes
and bounds legal description of the Property. Following the Owner’s compliance with the
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foregoing, the City shall have the right, but not the obligation, to process this petition for voluntary
annexation without further action and/or request of the Owner.
C. In the event the City determines, in its sole and absolute discretion, that the
requested annexation is inconsistent with the Ocoee Comprehensive Plan, the Owner must apply
for a Comprehensive Plan Amendment and pay the applicable development review fees in
connection therewith. In the event the City determines, in its sole and absolute discretion, that a
developer agreement is required in connection with the annexation, then the Owner must pay the
applicable development review fees in connection therewith. The Owner shall pay such additional
development review fees as may be required by the Code of the City of Ocoee in effect at the time
of annexation.
D. 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.
E. 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.
SECTION 3. Utilities Service.
A. Subject to the terms, conditions and limitations set forth in this Agreement, the City
agrees to provide Utilities service to the Property upon compliance by the Owner with all
applicable regulations of the City and the payment all fees, costs and expenses associated
therewith. The Owner shall execute all developer agreements for water as required by the City in
connection with the provision of water service to the Property.
B. This Agreement does not in any way reserve any potable water, sewer and/or
reclaimed water capacity or guarantee the availability thereof.
C. The Owner acknowledges and agrees that the Property is not located in the
corporate limits of the City and that water and sewer capital charges as established by the City
from time to time shall be charged at the same rate to consumers within the corporate limits of the
City plus a surcharge equal to fifteen percent (15%) of such water capital charges or such other
charges as the City may impose from time to time. The Owner agrees to pay all water capital
charges and surcharges as required by the City.
D. The Owner acknowledges and agrees that for so long as the Property is not located
within the corporate limits of the City, the monthly rates and charges for water, sewer and
reclaimed water services, 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 equal to fifteen
percent (15%) of such monthly rates and charges for water service or such other surcharge as the
City may impose from time to time. The Owner agrees to pay all such charges for water service
and surcharges as required by the City.
SECTION 4. Agreement Runs with the Land. In consideration of the City providing
water service to the Property, 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
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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 5. Representations.
A. 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 mortgages
recorded at official records DOC# 20230184447 public records of Orange County, Florida.
B. The City makes no representations or warranties with regard to this Agreement and
reserves the right to process Owner’s petition for voluntary annexation in its sole and absolute
discretion.
SECTION 6. Title Evidence and Survey.
A. As a condition precedent to the execution of this Agreement by the City, the Owner
shall provide title evidence, in a form and substance satisfactory to the City, showing the Owner
as the owner of fee simple title to the Property. Such title evidence shall also show whether the
Property is encumbered by a mortgage or otherwise.
B. Unless the Property is a platted lot as shown in the title evidence required above,
as a condition precedent to the execution of this Agreement by the City, the Owner shall provide
a survey in accordance with the minimum technical standards for land surveys set forth in Chapter
5J-17.051, Florida Administrative Code. Such survey shall be consistent with the legal description
of the Property set forth in Exhibit “A”.
SECTION 7. 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 Number set forth above. 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 8. 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 9. Indemnification.
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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 Claim and shall provide the City
with information regarding the Claim 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.
B. No Claim whatsoever shall be made or asserted against the City by the Owner for
or on account of anything done or as a result of anything done or omitted to be done in connection
with this Agreement.
SECTION 10. 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 11. Territorial Agreements. The references herein to the Territorial
Agreements refer to (i) the Orange County/City of Ocoee Sewer Service Territorial Agreement
(Contract No. S-87-8), dated June 8, 1987, as recorded in official records book 3894, page 1363,
public records of Orange County, Florida, as it may be amended from time to time; (ii) the Orange
County/City of Ocoee Water Service Territorial Agreement (Contract No. W-88-06), dated
November 14, 1988, as recorded in official records book 4034, page 291, public records of Orange
County, Florida, as amended February 11, 1994, as it may be amended from time to time; and (iii)
The City of Ocoee/Orange County Reclaimed Water Territorial Agreement, dated July 31, 2012.
SECTION 12. Real Property Taxes for Conveyance. In the event of any conveyance
of real property by the Owner to the City, real property taxes in connection with the conveyance
shall be prorated as of the day before the acceptance of the conveyance by the City and the prorated
amount shall be paid by the Owner and shall be escrowed in accordance with the provisions of
Section 196.295, Florida Statutes.
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. 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.
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D. This Agreement shall be construed and enforced in accordance with, and governed
by, the laws of the State of Florida. Venue in Orange County, Florida.
E. 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.
F. The headings of this Agreement are for reference only and shall not limit or
otherwise affect the meaning thereof.
G. 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, the prevailing party shall be entitled to recover from the other party its reasonable
attorney’s fees, paralegal fees, and costs, both at the trial and appellate levels.
H. In the event a third party institutes a legal proceeding against the City or the Owner
regarding the enforceability of this Agreement or any other matters arising out of or related to this
Agreement, the annexation of the Property, or the provision of water service, then in such event
the Owner shall pay all costs, fees, charges, and expenses of the City relative thereto, including
but not limited to attorney’s fees and paralegal fees at both the trial and appellate levels.
I. 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.
J. As from time to time requested by the City, the Owner agrees to execute such
additional documents as may be necessary in order to effectuate the provisions of this Agreement.
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. The attached Exhibits are part of this Agreement as though fully set forth in this
Agreement.
[SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the City has caused this Agreement to be executed as of the
day and year first written above.
Signed, sealed and delivered
in the presence of:
Witness Signature
Print/Type Name
Address: 1 N. Bluford Ave. Ocoee, FL 34761
Witness Signature
Print/Type Name
Address: 1 N. Bluford Ave. Ocoee, FL 34761
“CITY”
CITY OF OCOEE, a Florida municipal
corporation
By:
Rusty Johnson, Mayor
Attest:
Melanie Sibbitt, City Clerk
(SEAL)
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA.
Approved as to form and legality
this ____ day of ______________, 20___.
FISHBACK DOMINICK
By:
Richard Geller, City Attorney
APPROVED BY THE OCOEE CITY
COMMISSION AT A MEETING
HELD ON , .
UNDER AGENDA ITEM NO. _ .
STATE OF FLORIDA
COUNTY OF ORANGE
I HEREBY CERTIFY that on this day, before me, by means of ☐ physical presence or ☐
online notarization, an officer duly authorized in the State and County aforesaid to take
acknowledgments, personally appeared RUSTY JOHNSON and MELANIE SIBBITT, personally
known to me to be the Mayor and City Clerk, respectively, of the CITY OF OCOEE, FLORIDA,
and that they severally acknowledged executing the same 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
___________________, 20 .
Signature of Notary
Name of Notary (Typed, Printed or Stamped)
Commission Number (if not legible on seal):
My Commission Expires (if not legible on seal):
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IN WITNESS WHEREOF, the Owner has caused this Agreement to be duly executed the ___ day of
________________, 20 .
Signed, sealed and delivered
in the presence of:
Witness Signature
Print/Type Name
Address
Witness Signature
Print/Type Name
Address
“OWNER”
MPJ REALTY USA, LLC, a Florida limited
liability company
By:
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 acknowledgements, by means of ☐ physical presence or ☐ online notarization
appeared as of MPJ Realty USA, LLC, a Florida limited liability company,
who [ ] is 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 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
___________________, 20___.
Signature of Notary
Name of Notary (Typed, Printed or Stamped)
Commission Number (if not legible on seal):
My Commission Expires (if not legible on seal):
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EXHIBIT “A”
LEGAL DESCRIPTION
REPLAT BLACKWOOD ACRES R/134 THE N 125 FT OF LOT 4 BLK B