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HomeMy WebLinkAboutItem VII (C) Public Hearing - Case No 2-061AR-92: Center Lakes-West (2) Annexation Agreement AGENDA 12-15-92 I j(i Item VII C 2 ANNEXATION AGREEMENT (Case No. 2-061 AR-92: CENTER LAKES - WEST) THIS ANNEXATION AGREEMENT ("this Agreement") is made and entered into as of the day of December, 1992, by and between CENTER LAKE PROPERTIES, LTD., a Florida limited partnership, whose mailing address is P.O. Box 568367, Orlando, Florida 32856-8367 (hereinafter referred to as the "Owner") and the CITY OF OCOEE, a Florida municipal corporation, whose mailing address is 150 North Lakeshore Drive, Ocoee, Florida 34761 (hereinafter referred to as the "City") . WITNESSET H: WHEREAS, the Owner owns fee simple title to certain lands located in unincorporated Orange County, Florida, said lands being more particularly described in Exhibit "A" attached hereto and by this reference made a part hereof (hereinafter referred to as the "Land") ; and WHEREAS, the Owner has petitioned the City for the voluntary annexation of the Land into the corporate limits of the City of Ocoee pursuant to the provisions of Section 171.044, Florida Statutes ("the Petition") ; and WHEREAS, the Planning and Zoning Commission has held a public hearing to review the Petition and at such hearing found the annexation of the Land to be consistent with the Ocoee Comprehensive Plan, including the Future Land Use Map, and has recommended that the City Commission of the City of Ocoee annex the Land into the corporate limits of the City of Ocoee; and WHEREAS, the City has required that the Owner execute this Agreement as a condition precedent to the consideration of the Petition by the City Commission of the City of Ocoee; and WHEREAS, the City has determined that the execution of this Agreement is essential to the public health, safety and welfare and the ability of the City to plan for necessary infrastructure improvements and the provision of municipal services to the Land in accordance with the requirements of the Ocoee Comprehensive Plan; and WHEREAS, the City has determined that, subject to the terms, conditions and limitations hereinafter set forth, it is feasible to extend to the Land municipal services such as police protection, fire protection, sewer and water services, trash and garbage removal and street and storm drainage maintenance, such services to be extended on the same terms and conditions afforded to all property owners within the City except to the extent set forth in this Agreement; and WHEREAS, the annexation of the Land is contemplated by the supporting data prepared by the City in connection with the adoption of the Ocoee Comprehensive Plan; and WHEREAS, the City has conducted an impact study with respect to the annexation of the Land and determined that this THIS INSTRUMENT PREPARED BY AND SHOULD BE RETURNED TO: PAUL E. ROSENTHAL, ESQ. FOLEY & LARDNER P.O. BOX 2193 ORLANDO, FL 32802-2193 (407) 423-7656 Agreement and the annexation of the Land is consistent with the goals, objectives and policies of the Ocoee Comprehensive Plan. NOW, THEREFORE, in consideration of the premises and other good and valuable considerations exchanged between the parties hereto, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: Section 1. Recitals. The above recitals are true and correct and are incorporated herein by reference. Section 2. Sanitary Sewer (County) . (A) The Owner hereby acknowledges that it has been advised by the City that the Land is located within the Orange County Sewer Service Territory pursuant to the terms of that certain Orange County/Prima Vista Utility Company, Inc. Sewer Service Territorial Agreement, dated June 8, 1987 as recorded in Official Records Book 3894, Page 1363, Public Records of Orange County, Florida ("the Sewer Territorial Agreement") and that as a result thereof the Owner must, unless otherwise advised in writing by the City, look exclusively to Orange County ("the County") for sanitary sewer capacity in connection with the development of the Land. The City has made no warranty or representation regarding the requirements (including impact and connection fees) which may be imposed by the County in order to obtain sanitary sewer capacity for the Land or the availability or feasibility of obtaining sanitary sewer service or capacity from the County. It may be necessary for the Owner to enter into a separate developer agreement with the County in order to obtain sanitary sewer service. (B) The Owner acknowledges that the County may not be in a position to extend sanitary sewer service to the Land when the Owner is ready at some future date to proceed with the development of the Land and that the Owner may be required by the City and/or the County to make significant capital contributions in order to have the County extend sanitary sewer service to the Land, all at the sole cost and expense of the Owner+. (C) The Owner agrees that the Land will not be developed without the approval of the City, which approval may be granted or withheld in the City's sole discretion, through the utilization of (i) a private sanitary sewer system or "package plant", whether temporary or permanent, or (ii) septic tanks. (D) Notwithstanding the provisions of subparagraph (A) above, in the event the Sewer Territorial Agreement is amended, terminated, or otherwise found to be or becomes inapplicable to the Land or expires by its own terms, then the Owner shall be required to connect any and all structures now or hereafter located on the Land to the City sanitary sewer system (even if previously connected to the County Sanitary Sewer System) within ninety (90) days of receipt of a written request to do so from the City. The City makes no warranty or representation regarding the sewer impact and connection fees which may be imposed by the City in connection with any such connection to the City sanitary sewer system. Section 3. Potable Water (County) . (A) The Owner hereby acknowledges that it has been advised by the City that the Land is located within the Orange County Water Service Territory pursuant to the terms of that certain Orange County/City of Ocoee Water Territorial Agreement, dated November 14, 1988 as recorded in Official Records Book 4034, Page 291, Public Records of Orange County, Florida ("the Water Territorial Agreement") and that as a result thereof the Owner must, unless otherwise advised in writing by the City, look exclusively to Orange County ("the County") for potable water capacity in connection with the development of the Land. The City 2 has made no warranty or representation regarding the requirements (including impact and connection fees) which may be imposed by the County in order to obtain potable water capacity for the Land or the availability or feasibility of obtaining potable water service or capacity from the County. It may be necessary for the Owner to enter into a separate developer agreement with the County in order to obtain potable water service. (B) The Owner acknowledges that the County may not be in a position to extend potable water service to the Land when the Owner is ready at some future date to proceed with the development of the Land and that the Owner may be required by the City and/or the County to make significant capital contributions in order to extend potable water service to the Land, all at the sole cost and expense of the Owner. (C) The Owner agrees that the Land will not be developed through the utilization of private wells except in the event of development consistent with the use regulations and minimum zoning descriptions on permitted uses from time-to-time established by the City of Ocoee for A-1, Agricultural, zoning districts, and then only to the extent permitted by the Ocoee Land Development Code and other applicable laws, statutes, ordinances, rules and regulations. (D) Notwithstanding the provisions of subparagraph (A) above, in the event the Water Territorial Agreement is amended, terminated, or otherwise found to be or becomes inapplicable to the Land or expires by its own terms, then the Owner shall be required to connect any and all structures now or hereafter located on the Land to the City of Ocoee potable water system (even if previously connected to the County potable water system) within ninety (90) days of receipt of a written request to do so from the City. The City makes no warranty or representation regarding the water impact and connection fees which may be imposed by the City in connection with any such connection to the City potable water system. Section 4. Predevelooment Drainage. In connection with the development of the Land, or any portion thereof, Owner agrees to accommodate the natural flow of predevelopment drainage coming on to the Land, within Owner's master drainage plan for the Land, or any portion thereof, so as not to impede or otherwise prevent such natural flow from coming on to and/or passing through the Land. Section 5. Provision of Municipal Services. (A) The City has advised the Owner that the City is not currently in a position to provide infrastructure improvements and urban municipal services to the Land and does not anticipate being in such a position for at least seven (7) years. Notwithstanding any provision contained herein to the contrary or the zoning classification which may from time-to-time be granted to the Land, the Owner hereby acknowledges and agrees that infrastructure improvements and urban municipal services shall not be provided by the City to the Land for at least seven (7) years. As a condition for the issuance of a Final Development Order (as defined in Article II of the Ocoee Land Development Code) , the City may require that the Owner enter into a separate agreement with the City with respect to the provision of infrastructure improvements and urban municipal services to the Land. Subject to the provisions of the following section entitled Acceleration of Development Plans, until such time as the City determines (but no earlier than seven (7) years from the date hereof) that infrastructure improvements and urban municipal services are available to the Land in order to support development of the Land consistent with the Ocoee Comprehensive Plan and the zoning classification from time-to-time given to the Land, the Owner covenants and agrees that, notwithstanding the zoning classification from time-to-time given to the Land, the Land shall 3 be developed only (i) with due regard and recognition to the fact that only rural services will be provided to the Land, and (ii) in a manner consistent with the use regulations and minimum zoning descriptions on permitted uses from time-to-time established by the City of Ocoee for A-1, General Agricultural, zoning districts and then only to the extent consistent with the terms and conditions of this Agreement and permitted by the Ocoee Land Development Code and other applicable laws, statutes, ordinances, rules and regulations. The City represents and the Owner acknowledges that, as of the date hereof, the City is only in a position to provide rural services in connection with any development of the Land. (B) For the purposes of this Agreement, the following definitions and descriptions shall apply: (i) "Rural services" means those non-urban services typically provided to agricultural uses in a City of Ocoee A-1, General Agricultural, zoning district. Such non-urban services do not include sanitary sewer and potable water services. Additionally, lands receiving only rural services will typically have unpaved roads and will be subject to longer police and fire response times than those lands receiving urban municipal services. Lands receiving only rural services will not initially receive municipal benefits commensurate with those benefits received by lands receiving urban services. (ii) "Urban municipal services" or "urban services" means those services typically provided to residential, commercial and industrial uses permitted in City of Ocoee Residential, Commercial and Industrial Districts, respectfully. Land receiving urban municipal services will typically have paved roads, urban response times for police and fire services, and street lighting. Sanitary sewer and potable water services will also typically be available for extension to lands receiving urban services. A subdivision of land (as defined in the Ocoee Land Development Code) will be allowed only if urban municipal services are available. Lands receiving urban services will receive municipal benefits commensurate with those benefits received by urban developed lands located within the corporate limits of the City. C. Nothing contained herein shall be construed to obligate the City to extend to the Land, at the City's expense, infrastructure improvements such as roadsutilities, and sewer and water lines or to provide police and fire protection consistent with the standards established for urban development. D. The parties hereto acknowledge and agree that the annexation of the Land at this time will allow the City to plan for the future extension of urban municipal services to the Land in a manner consistent with the Ocoee Land Development Code and other applicable policies of the City. Section 6. Acceleration of Development Plans. Nothing contained herein shall be construed to preclude the owner from submitting to the City a plan for development of the Land in advance of the time schedule set forth in this Agreement. This City may accept or reject any such plan in its sole discretion. In the event any such plan is accepted by the City, then this Agreement will be amended to reflect the responsibilities and obligations of both the Owner and the City under any such plan. 4 Section 7. Compliance with Land Development Code. The Owner shall comply with the provisions of the Ocoee Land Development Code, as it may from time to time be amended. Nothing contained in this Agreement shall be construed to grant vested rights with respect to or exempt the Owner from complying with the provisions of Article IX, Concurrency, of the Ocoee Land Development Code in connection with the development of the Land. Nothing contained herein shall be construed to limit the right of the City to prescribe other conditions on the development of the Land in accordance with applicable City ordinances, including but not limited to the Ocoee Comprehensive Plan and Ocoee Land Development Code, in effect at the time of development of the Land or a portion thereof. • Section 8. Acceptance of Reclaimed Water. Within ninety (90) days of receipt of written request from the City, the Owner agrees to execute in favor of the City an easement for the flow, distribution, delivery and spraying of reclaimed water over, under, upon and through all rights-of-way, common areas and subdivision lots within the Land. Such easement shall be in form prepared by the City; provided, however, that such easement shall only include provisions typically required by the City in similar easement agreements. The use by the City of any portion of the Land for such purposes shall be in accordance with all applicable laws, statutes, ordinances, rules and regulations. Nothing herein is intended to prevent Owner from reasonably developing the Land, or any portion thereof, in a manner that is consistent with the City's Comprehensive Plan, utilizing good development practices prevailing in the Central Florida Area at the time of such development. Section 9. Special Conditions. The Owner further agrees to those special conditions set forth in Exhibit "C" attached hereto and by this reference made a part hereof. Section 10. Authority; Liens and Mortgages. The Owner warrants and represents to the City that it has full and complete power and authority to execute this Agreement and that there are no liens or mortgages against the Land except as set forth in Exhibit "D" attached hereto and by this reference made a part hereof. Owner agrees to use its best efforts to promptly provide the City with a joinder and consent to this Agreement executed by the holders of the liens and mortgages listed on Exhibit "D" hereto. Section 11. Conditions to Effectiveness of Agreement. All obligations, rights and duties of the Owner and the City under this Agreement are conditioned upon the annexation of the Land by the City of Ocoee. In the event the City does not annex the Land on or before December 31, 1992, then this Agreement shall be automatically terminated and shall be null and void and of no further force and effect. Section 12. Notice. Any notice delivered with respect to this Agreement shall be in writing and be deemed to be delivered (whether or not actually received) when (A) hand delivered to the person hereinafter designated, or (B) upon receipt of such notice when deposited in the United States Mail, postage prepaid, certified mail, return receipt requested, addressed to the person at the address set forth opposite the party's name below, or such other address or to such other person as the party shall have specified by written notice to the other party delivered in accordance herewith: Owner: Center Lake Properties, Ltd. P.O. Box 568367 Orlando, Florida 32856-8367 Attn: Austin A. Caruso, Jr. 5 City: City of Ocoee City Hall 150 North Lakeshore Drive Ocoee, Florida 34761 Attention: City Manager Section 13. Covenant Running with the Land. This Agreement shall be binding, and shall inure to the benefit of the heirs, legal representatives, successors and assigns of the parties, and shall run with the Land and be binding upon the heirs, legal representatives, successors and assigns of the Owner and upon any person, firm, corporation or entity who may become the successor in interest, directly or indirectly, to the Land. Section 14. Recordation of Agreement. The parties hereto agree that an executed original of this Agreement shall be recorded, at the City's expense, in the Public Records of Orange County, Florida. Section 15. Applicable Law. This Agreement and the provisions contained herein shall be construed, controlled, and interpreted according to the laws of the State of Florida. Section 16. Time of the Essence. Time is hereby declared of the essence to the lawful performance of the duties and obligations contained in this Agreement. Section 17. Agreement: Amendment. This Agreement constitutes the entire agreement between the parties, and supersedes all previous discussions, understandings and agreements, with respect to the subject matter hereof. Amendments to and waivers of the provisions of this Agreement shall be made by the parties only in writing by formal amendment. Section 18. Severability. If any 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. Section 19. 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 and the consummation of the transactions contemplated hereby. The City will, from time to time, upon request of the Owner, execute and deliver certificates directed to Owner, Owner's lenders or prospective purchasers, confirming the status of this Agreement and indicating whether or not the Owner is in good standing under the Agreement and, if not, requirements that must be complied with in order to be in good standing under the Agreement. Section 20. Specific Performance. Both the City and the Owner shall have the right to enforce the terms and conditions of this Agreement by an action for specific performance. Section 21. pttornevs' Fees. In the event that either party finds it necessary to commence an action against the other party to enforce any provision of this Agreement or because of a breach by the other party of any terms hereof, the prevailing party shall be entitled to recover from the other party its reasonably attorneys' fees, legal assistants fees and costs incurred in connection therewith, at both trial and appellate levels, including bankruptcy proceedings, without regard to whether any legal proceedings are commenced or whether or not such action is prosecuted to judgment. 6 Section 22. Counterparts. 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. Section 23. Construction Agreement. (A) Captions of the Sections and Subsections of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. (B) This Agreement shall not be construed more strictly against one party than against the other merely by virtue of the fact that it may have been prepared by counsel for one of the parties, it being recognized that all parties have contributed substantially and materially to the preparation hereof. IN WITNESS WHEREOF, the Owner and the City have caused this instrument to be executed as of the day and year first above written. CITY: Signed, sealed and delivered CITY OF OCOEE, in the presence of: a Florida municipal corporation Print Name: By: S. SCOTT VANDERGRIFT, Mayor Print Name: Attest: JEAN GRAFTON, City Clerk (SEAL) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA. APPROVED AS TO FORK AND LEGALITY this day of , 1992. FOLEY Q LARDNER APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING HELD ON , 1992 By: UNDER AGENDA ITEM NO. City Attorney 7 STATE OF FLORIDA COUNTY OF ORANGE I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgements, 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 in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in them by said municipality and that they did not take an oath. WITNESS my hand and official seal in the County and State last aforesaid this day of , 1992. Signature of Notary Name of Notary (Typed,Printed or stamped) Commission Number(if not legible on seal): My Commission Expose(if not legible on seal): 8 Signed, sealed and delivered OWNER: in the presence of: CENTER LAKE PROPERTIES, LTD., a Florida limited partnership • •r. Name: s , S By: Pinelock Management / Corporation, a Florida /S ..C^ corporation,At general r part corporation, — Name: mgrar , BY / A.stin A. Caruso, J, Vice President (CORPORATE SEAL) STATE OF FLQRIDA COUNTY OF (2.A`('rGr I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgements, personally appeared AUSTIN A. CARUSO, JR., as Vice President of Pinelock Management Corporation, a Florida corporation, as general partner of Center Lake Properties, Ltd., a Florida limited partnership, [ ],who is personally known to me or [ who produced A FI09-41N4 DfLitAres t-ICOUS as identification, and at he acknowledged executing the same in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in him by said corporation and that he did not take an oath. WITNESS my hand and official eal in the County and State last aforesaid this j[, day • Gln.,( , , 1992. 3 J �PpV PVe OFFICIAL NOTARY SEAL S gna re of No ary O !� DAV10 P BARKER :i"oci COMMISSIONNUMBER �- ccososes -Davi , ro.rt(er MV COMMISWdN EXPName of Notary (typed,Printed or stamped) OF FVu. Commission Number(if not legible on meal): My Commimaioo Expires(if not legible on seal): 9 EXHIBIT "A" ANNEXATION DESCRIPTION A tract of land being a portion of Section 32, Township 21 South, Range 28 East, Orange county, Florida, being more particularly described as follows: Commence at the Southwest corner of the Northwest 1/4 of said Section 32; thence North 89• 19' 46" East along. the South line of said Northwest 1/4 of Section 32 for 1322.96 feet to the Point of Beginning; thence North 00. 03' 41" West along the West line of the Southeast 1/4 of the Northwest 1/4 of Section 32 for 1307.40 feet; thence North 89. 34' 25" East along the South right of way of McCormick Road and a line 30.00 feet South of and parallel to the North line of the Southeast 1/4 of the Northwest 1/4 of Section 32 for 1321.51 feet; thence North 89• 32' 14" East along said right of way and a line 30.00 feet South of and parallel to the North line of the Southwest 1/4 of the Northeast 1/4 of Section 32 for 1289.27 feet; thence South 00. 02' 30" East along the West right of way of Ingraa Road and a line 30.00 feet West of and parallel to the East line of the Southwest 1/4 of the Northeast 1/4 of Section 32 for 1297.11 feet; thence South 00' 21' 34" East along said right of way and a line 30.00 feet West of and parallel to the East line of the Northwest 1/4 of the Southeast 1/4 of Section 32 for 1377.43 feet; thence North 88• 11' 51" West along the South line of the Northwest 1/4 of the Southeast 1/4 of Section 32 for 1293.79 feet; thence North 00. 07' 25" West along the West line of the Northwest 1/4 of the Southeast 1/4 of Section 32 for 1321.66 feet; thence South 89. 19' 46" West along the South line of the Southeast 1/4 of the Northwest 1/4 of Section 32 for 1322.97 feet to the Point of Beginning. Contains: 118.022 Acres, sore or less. 2-061AR-92: CENTER LAMS EXHIBIT "C" SPECIAL CONDITIONS 1. None NOTE: This Agreement does not refer to and does not contain an Exhibit "B". 10 EXHIBIT "D" LIENS AND MORTGAGES AGAINST THE LAND 1. None. AAc[xn1.1c.wEsl IN1(92 IJMSFLOPPYIPER:ya 11