HomeMy WebLinkAboutClosed Session Discussion with Atty Rosenthal re: Settlement of Litigation with Orange Co in Case No CI93-245 • ••_ w City of Ocoee
0-i �n 150 N. Lakeshore Drive Jean Grafton
i v. Goo` Ocoee, Florida 34761-2258 City Clerk
(407) 656-2322
FAX (407)656-5725
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MEMORANDUM
To: The Honorable Mayor and Board of City Commissioners
From: Jean Grafton, City Clerk
Date: January 25, 1994
Subject: Special Session January 27, 1994
This is just a reminder that Paul Rosenthal distributed the packet for this meeting at the January
18 meeting and asked that you bring it with you to this meeting. He will provide any changes
needed at that time.
"PRIDE OF WEST ORANGE"
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FOLEY & LARDNER
III NORTH ORANGE AVENUE.SUITE moo
ORLANDO. FLORIDA 32801
TELEPHONE 14071 423-7656
FACSIMILE 14072 648-1743
TAMPA. FLORIDA MAILING ADDRESS: MILWAUKEE,WISCONSIN
JACKSONVILLE. FLORIDA POST OFFICE BOX 2193 MADISON,wtSCONSIN
TALLAHASSEE. FLORIDA WASHINGTON. D.G.
WES1 PALM BEACH.FLORIDA ORLANDO. FL',l2$OL►-2193 ANNAPOLIS. MARYLAND
CHICAGO. RLl.INOIS
XEMORAMMI
TO: The Honorable Mayor and City Commissioners
of the City of Ocoee jJ
FROM: Paul E. Rosenthal, Esq. , City Attorney r
I
DATE: January 18, 1994
RE: Settlement of Annexation/Zoning Litictation with Oranae
County; Circuit Court Case No. CI93-245
For almost one year the City and County staffs have been
negotiating a settlement of the litigation brought by Orange County
challenging various annexation and rezoning ordinances adopted by
the Ocoee City Commission in December 1992 and January 1993. It
now appears that an opportunity for a comprehensive settlement is
at hand. The settlement would involve the dismissal, with
prejudice, of the litigation brought by Orange County with respect
to all ordinances except for Ordinance Nos. 92-72, 73, 74, 75 and
70 relating to three parcels annexed and zoned in the Gotha area.
For your review and consideration, please find enclosed drafts
of the following proposed agreements:
(1) Settlement Agreement between the City of Ocoee and Orange
County, including a proposed Joint Motion and Stipulated
Partial Final Judgment.
(2) Joint Planning Area Agreement between the City of Ocoee
and Orange County.
(3) Tri-Party Agreement pertaining to Development
Restrictions between the City of Ocoee, Orange County,
and Battaglia Fruit Company. (Note: This Tri-Party
Agreement is still in the process of being finalized with
Battaglia Fruit Company.)
l'1'13:94 12:37 $'407 643 1743 FOLEY & LARDNER L003/003
Honorable Mayor and City Commissioners of the City of Ocoee
January 18, 1994
Page 2
(4) First Amendment to Orange County/City of Ocoee Water
Service Territorial Agreement. (Rote: There may be
technical revisions to this document to address water
service to the Whitehill Subdivision.)
(5) First Amendment to Orange County/City of Ocoee Sewer
Service Territorial Agreement. (Note: There may be
technical revisions to this document to address sewer
service to the Wingfield development.)
As indicated by the attached memorandum dated January 13, 1994 from
Alison Yurko to Linda Chapin, the Orange County Commission
considered the above-referenced agreements at a closed session
earlier today =drill bold a public hearing on January 25, 1994 at
3:00 p.m.. It is my understanding that no problem areas were
identified at the closed session held by the County.
In order to place the City of Ocoee in a legal position to
consider the proposed settlement, a public hearing before the Ocoee
City Commission has been scheduled for the regular Commission
meeting of February 1, 1994 (see attached notice) . This scheduling
assumes that the Orange County Ca®ission will approve the proposed
settlement at its meeting of January 25.
Florida law now allows the City Commission to meet in private
with your attorney to discuss pending litigation. In order to hold
such a private session, at tonight's meeting I will advise you that
I ,desire advice concerning the above-referenced litigation and
request that a closed session of the City Commission be scheduled
at a special meeting to be held at 7:00 p.m. on January 27, 1994.
The subject matter of the special meeting would be confined to a
briefing on and discussion regarding the status of the settlement
negotiations. Public notice of this meeting and the persons
attending will be published in advance. Procedurally, the meeting
would be opened as a public meeting and then adjourned to a closed
session. A court reporter transcript of the meeting is required
which would then be released at the conclusion of the litigation.
MIAMI BRING T=IE PACKET WITR YOU 20 TSE CITY COQOlISSION
KINTINGB old JAY 27, 1994 AND FEBRUARY 1, 1994.
PER:ddh
Enclosure
ams aarutrsi
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01/12/94
SETTLEMENT AGREEMENT
THIS SETTLEMENT AGREEMENT is made and entered into this
day of , 1994, by and between ORANGE COUNTY,
FLORIDA, a political subdivision of the State of Florida (the
"County") and the CITY OF OCOEE, a Florida municipal corporation
(the "City") .
RECITALS
WHEREAS, there is an action pending in the Circuit Court
of the Ninth Judicial in and for Orange County, Florida, styled
Orange County, Plaintiff vs. City of Ocoee, Defendant, being Case
Number CI 93-245 (the "Lawsuit") under which the County is seeking
review by certiorari of certain ordinances enacted by the City of
Ocoee which annex certain property into the City and rezone said
property; and
WHEREAS, in an effort to reconcile all disputes
concerning certain ordinances enacted by the City which have been
challenged in the Lawsuit, City and County intended to enter into
a certain Joint Planning Area Agreement between Orange County and
the City of Ocoee In Furtherance Of Settlement Of Litigation
Between The Parties ("Joint Planning Area Agreement") , a copy of
which is attached hereto as Exhibit "A" and by this reference made
a part hereof; and
WHEREAS, the parties desire to reconcile all disputes
concerning all ordinances enacted by the City which have been
challenged in the Lawsuit except for the following ordinances:
w .
City Ordinance Nos. 92-72, 92-73 , 92-74, 92-75, 92-76, and 92-77;
and
WHEREAS, County and City have been involved in
negotiations for several months during which certain statements
have been made at meetings by staff, or the respective governing
bodies, all as part of settlement negotiations; and
WHEREAS, it is the intention of County and City that any
and all statements or other communications so made during
settlement negotiations and meetings leading up to the negotiation
of the terms and conditions of the Joint Planning Area Agreement
shall be privileged and considered part of settlement negotiations
and shall be inadmissible for any purpose in this Lawsuit.
NOW THEREFORE, in consideration of the covenants made by
each party to the other and the mutual advantages to be realized by
the parties hereto and of other good and valuable consideration,
the receipts and sufficiency of which is hereby acknowledged,
County and City hereby agree as follows:
1. The above recitals are true and correct and are
incorporated herein by reference.
2 . City and County hereby approve the Joint Area
Planning Agreement in the form attached hereto as Exhibit "A" and
authorize execution thereof by the County Chairman and Clerk of the
County Commission as to the County and the Mayor and City Clerk of
the City as to the City.
3 . City and County hereby approve the Joint Motion,
including the Stipulated Partial Final Judgment, attached hereto as
2
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Exhibit "B" and by this reference made a part hereof and authorize
and direct their respective legal counsel to file said Joint Motion
in connection with the Lawsuit.
4. All statements or other communications so made
during settlement negotiations and meetings between County and City
culminating in the Joint Planning Area Agreement and this
Settlement Agreement shall be privileged and considered part of
settlement negotiations and shall be inadmissible for any purpose
in the Lawsuit.
5. The execution of this Settlement Agreement and the
entry of the Stipulated Partial Final Judgment shall not be deemed
to constitute a waiver of City's or County's rights to enforce any
and all of the provisions of the Joint Planning Area Agreement in
accordance with the terms and conditions thereof.
6. This Settlement Agreement and the terms of the
settlement, including the Joint Planning Area Agreement and the
terms thereof, have been approved by the governing bodies of the
City and County at advertised public hearings as required by and in
accordance with the provisions of Section 164 . 106 (1) , Florida
Statutes.
7 . The date of last execution by a party hereto shall
be the date of this Settlement Agreement and such date shall be
inserted on the first page hereof.
IN WITNESS WHEREOF, the County and City have executed
this Settlement Agreement on behalf of the County and City,
3
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respectively, and have set their seals hereto as of the date set
forth above.
ORANGE COUNTY, FLORIDA
By:
Chairman
Executed on:
ATTEST:
Martha 0. Haynie,
County Comptroller as
Clerk of the Board of
County Commissioners
By:
Deputy Clerk
FOR THE USE AND RELIANCE OF APPROVED BY THE ORANGE COUNTY
ORANGE COUNTY ONLY. APPROVED COMMISSION AT A MEETING HELD ON
AS TO FORM. , 1994, UNDER
AGENDA ITEM NO.
, 1994
By:
Alison M. Yurko
Assistant County Attorney
ATTEST CITY OF OCOEE, FLORIDA
BY:
Jean Grafton, City Clerk S. Scott Vandergrift, Mayor
Executed on
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA,
APPROVED AS TO FORM AND LEGALITY
this day of , 1994 .
FOLEY & LARDNER
By:
City Attorney
C:WP5I\DOCS\OCOEE.ANNNSEITLE.AGR I I/13/941 DB1JPHOalb
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IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT ' \AcIL
IN AND FOR ORANGE COUNTY, FLORIDA
ORANGE COUNTY, a political
subdivision of the State
of Florida,
CASE NO. CI 93-245
Plaintiff,
vs.
CITY OF OCOEE, a
municipal corporation,
Defendant.
/
JOINT MOTION
The parties, by and through their undersigned attorneys,
respectfully move for the entry of the foregoing Stipulated Partial
Final Judgment this day of , 1994 .
Orange County Attorneys Office
Orange County Administration Center
P.O. Box 1393
Orlando, Florida 32802-1393
(407) 836-7320
Attorney for Defendant,
Orange County
By:
A. Bryant Applegate JOHN P. HORAN
Assistant County Attorney Florida Bar No. 229830
Florida Bar No. 346926 . FOLEY & LARDNER
111 North Orange Avenue
Suite 1800
Post Office Box 2193
Orlando, Florida 32802-2193
Telephone: 407/423-7656
EXHIBIT "B"
C:\R+PS I DOCS W COIgAN N V OINf.MOT 11/I O/94 t D81 J PH04db
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IN THE CIRCUIT COURT OF THE
NINTH JUDICIAL CIRCUIT IN AND
FOR ORANGE COUNTY, FLORIDA
CASE NO. C193-245
ORANGE COUNTY, FLORIDA,
a political subdivision
of the State of Florida,
:r
Plaintiff, n t/ `9 -.'r
vs .
CITY OF OCOEE,
a municipal corporation,
Defendant.
STIPULATED PARTIAL FINAL JUDNT
This matter comes before the Court on the parties ' Joint
Motion, and the Court, being advised that parties have entered
into a Settlement Agreement attached hereto as Exhibit "1" (the
"Settlement Agreement") and being otherwise fully advised in
the premises, it is hereby
ORDERED AND ADJUDGED:
1. All claims concerning the following challenged
ordinances of the City of Ocoee are hereby dismissed with
prejudice and Judgment of Dismissal is hereby entered thereon:
City of Ocoee Ordinance Nos . 92-32, 92-34 , 92-36, 92-38, 92-42,
92-44, 92-46, 92-50, 92-54, 92-56, 92-60, 92-33, 92-35, 92-37,
92-39, 92-43, 92-45, 92-47, 92-51, 92-55, 92-57, and 92-61.
Orange County, Florida, shall bring no further action seeking
to challenge the aforesaid ordinances .
2. The entry of this Stipulated Partial Final Judgment
shall have no effect on Orange County, Florida's claims
challenging City of Ocoee Ordinance Nos. 92-72, 92-73, 92-74 ,
92-75, 92-76, and 92-77.
3 . Nothing in this Stipulated partial Final Judgment
shall preclude either party from enforcing the terms of the
attached Settlement Agreement,. and the Joint Planning Area
Agreement attached as Exhibit "A" thereto, _ as t may from time
to time be amended ("The Joint Panning Area Agreement") to-the
Settlement-Agceemeat by the filing of a subsequent legal action.
4. The Settlement Agreement and its exhibits..
(specifically including the Joint Planning Area Agreement) ,
ottaehed-4 r ermss--Exhibit--Narr) is attached hereto as Exhibit
"X and incorporated herein by reference.
A6. Breach of the Settlement Agreement and/or the Joint
Planning Area Agreements, attaehed--bhe-r-ebt— and any subsequent
action to enforce sail0 pgreements„. shall not vacate or effect
the finality of this . St . . - •. . 1 . •m-n .
eeaetivate-the--undeelying-lawsuit.
A$. Each party shall bear its own attorney' s fees and
costs.
Z. The Parties may, from time to time. ament, the Joint
planning Area Avreement without any further action by this
Court.
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I. •
DONE AND ORDERED this day of , 1994 , in
Orlando, Orange County, Florida.
Circuit Court Judge
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the
foregoing has been furnished by U. S. Mail this day
of , 1994 to JOHN HORAN, ESQ. , Foley & Lardner, 111 N.
Orange Avenue, Suite 1800, Orlando, Florida 32801; and to A.
BRYANT APPLEGATE, Assistant County Attorney, Orange County
Attorney's Office, P.O. Box 1393, Orlando, Florida 32802-1393 .
Judicial Assistant
AMY:sac5804 01/12/94
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SETTLEMENT PROPOSAL, NOT
TO BE USED IN CASE NO. 93-245
PURSUANT TO AGREEMENT BETWEEN
PARTIES.
E3 m e
QTr
JOINT PLANNING AREA AGREEMENT
BETWEEN ORANGE COUNTY AND THE CITY OF OCOEE IN
FURTHERANCE OF SETTLEMENT OF LITIGATION BETWEEN THE PARTIES
, 1994
TABLE OF CONTENTS
PAGE
Section 1. Recitals 5
Section 2 . Authority 5
Section 3 . Definitions 5
Section 4 . Term 11
Section 5 . Preservation of Clarcona and Gotha
Rural Settlements 12
Section 6. Joint Planning Area 15
Section 7. Annexation Outside of JPA 17
Section 8 . Joint Planning Area Land Use Map 18
Section 9 . Obligation to Amend Comprehensive
Plans 23
Section 10 . Sewer and Water Service 26
Section 11. Creation of Planning Advisory
Committee 28
Section 12 . Conflict Resolution 30
Section 13 . Notices of Certain Applications 30
Section 14 . Road Improvements to County Roads 32
Section 15 . Battaglia East 33
Section 16 . Reduction of City Urbanization Area 34
Section 17. County Future Land Use Map 35
Section 18 . Disputed Annexation and
Rezoning Ordinances 35
Section 19 . Enforceability 36
Section 20 . Notices 36
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TABLE OF CONTENTS cont 'd
PAGE
Section 21. Effect on Other Agreements 37
Section 22 . Other Municipalities 37
Section 23 . Validity of Agreement 37
Section 24 . Covenant to Enforce 38
Section 25 . Miscellaneous 39
EXHIBITS
"A" Legal Description of Joint Planning Area
"B" Joint Planning Area Land Use Map
"C" Clarcona Rural Settlement
"D" Gotha Rural Settlement
"E" Site Plan for Property Annexed by City Ordinance No.
92-60
-ii-
11) 51 1r
JOINT PLANNING AREA AGREEMENT
BETWEEN ORANGE COUNTY AND THE CITY OF OCOEE IN
FURTHERANCE OF SETTLEMENT OF LITIGATION BETWEEN THE PARTIES
THIS AGREEMENT (hereinafter the "Agreement") is made and
entered into as of the day of , 1994, by and between
ORANGE COUNTY, FLORIDA, a political subdivsion of the State of
Florida (hereinafter the "County") and the CITY OF OCOEE, a
Florida municipal corporation (hereinafter the "City") .
RECITALS
WHEREAS, both the County and the City exercise
comprehensive planning authority pursuant to Chapter 163,
Florida Statutes, the Local Government Comprehensive Planning
and Land Development Regulation Act, and enforce land
development regulations to regulate the development of land
within the respective areas of jurisdiction of each party; and
WHEREAS, the County and the City have the authority to
enter into this Agreement pursuant to the Local Government
Comprehensive Planning and Land Development Regulation Act in
general and Section 163 .3171, Florida Statues, in particular;
and
WHEREAS, Section 163 .3177(6) (h) , Florida Statues, requires
increased intergovernmental coordination, including, but not
limited to, providing for: (1) a process to determine
significant impacts of development on adjacent local
governments, (2) a process for mitigating extra jurisdictional
impacts, (3) a dispute resolution process to bring to closure
in a timely manner disputes between local governments related
to development proposals that have impacts on adjacent local
governments, and (4) a procedure to identify and implement
joint planning areas, especially for the purpose of annexation
and identification of infrastructure service areas; and
WHEREAS, in order to accomplish the objective of the Local
Government Comprehensive and Land Development Regulation Act in
general and Section 163 .3177(6) (h) , Florida Statutes, in
particular, the County and City intend, during the term of this
Agreement, to restrict future annexations by the City to lands
within the Joint Planning Area ("the JPA") (as hereinafter
defined) and upon annexation of lands within the Joint Planning
Area to restrict the land uses which may be approved by the
City; and
WHEREAS, there is no intent for this Agreement to restrict
the County' s ability to amend its Comprehensive Plan for
unincorporated areas within the JPA; and
WHEREAS, the agreement of the City to restrict its
annexation authority and be bound by the provisions of this
Agreement within the JPA is a material inducement to the County
to enter into this Agreement and the County would not enter
into this Agreement but for such agreement by the City; and
WHEREAS, this Agreement is further intended (1) to protect
the Clarcona Rural Settlement and the Gotha Rural Settlement,
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(2) to foster the objectives of the County Comprehensive Policy
Plan with respect to said rural settlements, including but not
limited to Objective 2 . 1 of the County Comprehensive Policy
Plan, and (3) to prevent annexation by the City within the said
rural settlements; and
WHEREAS, the lands within the JPA are ideally suited for
future annexation by the City; and
WHEREAS, there are numerous parcels within the JPA which
are Enclaves (as hereinafter defined) which are ideally suited
for future annexation by the City; and
WHEREAS, the orderly planning for future development within
the JPA requires that the procedures set forth herein be
followed so that property owners within the JPA may be fully
informed of the requirements of the City and County; and
WHEREAS, the County has filed the Lawsuit (as hereinafter
defined) against the City challenging the validity of the
Challenged Annexation Ordinances, the Challenged Rezoning
Ordinances, the Disputed Annexation Ordinances and the Disputed
Rezoning Ordinances (as hereinafter defined) ; and
WHEREAS, this Agreement is being executed in conjunction
with a settlement agreement which dismisses with prejudice
(subject to the rights of the parties to litigate enforcement
of this Agreement and the Settlement Agreement) all of the
Lawsuit except for the portion relating to the Disputed
Annexation Areas (as hereinafter defined) ;
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WHEREAS, this Agreement will further provide for the
allocation of appropriate responsibility within the JPA and
those lands annexed by the Challenged Annexation Ordinances for
public facilities and services providing for the public's
health, safety and welfare; and
WHEREAS, this Agreement has been approved at advertised
public hearings held by the Local Planning Agencies of both the
City and County; and
WHEREAS, pursuant to Sections 163 .3171(3) and 164 . 106,
Florida Statutes, this Agreement has been approved at
advertised public hearings held by both the Orange County
Commission and the Ocoee City Commission; and
WHEREAS, the County is an incorporated Charter County with
authority to enter into and approve this Agreement; and
WHEREAS, the City is a municipal corporation with authority
to enter into and approve this Agreement; and
WHEREAS, the City and County seek to enter into this
Agreement in order to achieve the settlement of the Lawsuit and
to further the objectives of the County Comprehensive Policy
Plan and the City Comprehensive Plan.
NOW, THEREFORE, in consideration of the covenants made by
each party to the other and of the mutual advantages to be
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realized by the parties hereto, the receipt and sufficiency of
which is hereby acknowledged, the County and the City hereby
agree as follows :
Section 1. Recitals . The above Recitals are true and
correct and are incorporated herein by reference.
Section 2. Authority. This Agreement is entered into
pursuant to (1) Chapters 125, 163, 164 and 166, Florida
Statutes, (2) the general authority of Section 163 . 01, Florida
Statutes, relating to interlocal agreements and (3) the
Charters of the County and City. Furthermore, certain
provisions contained herein are entered into pursuant to
specific authority of Section 163 .3171(3) , Florida Statutes .
Section 3 . Definitions . For the purposes of this
Agreement, the following terms shall have the meanings set
forth in this section unless otherwise indicated by the context:
A. "Agreement" means this Joint Planning Area Agreement
between Orange County and the City of Ocoee in furtherance of
settlement of the Lawsuit.
B. "Challenged Annexation Areas" means those land
purported to have been annexed into the corporate limits of the
City by the Challenged Annexation Ordinances .
C. "Challenged Annexation Ordinances" means City
Ordinance Nos . 92-32, 92-34, 92-36, 92-38, 92-42, 92-44, 92-46,
92-50, 92-54, 92-56, and 92-60 all of which were adopted by the
Ocoee City Commission on December 14, 15 and 16, 1992 .
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D. "Challenged Rezoning Ordinances" means City Ordinance
Nos. 92-33, 92-35, 92-37, 92-39, 92-43, 92-45, 92-47, 92-51,
92-55, 92-57, and 92-61 all of which were adopted by the Ocoee
City Commission on December 14, 15 and 16, 1992.
E. "City" means the City of Ocoee, a Florida municipal
corporation.
F. "City Comprehensive Plan" means the Comprehensive Plan
of the City of Ocoee adopted on September 18, 1991 by City
Ordinance No. 91-28, as it may from time-to-time be amended.
G. "City Future Land Use Map" means the City of Ocoee
Future Land Use Map 2010 attached to the Ocoee Comprehensive
Plan as Figure 2 and by this reference made a part hereof, as
it may from time to time be amended.
H. "City Sewer Service Territory" means those lands to
which the City may provide sewer service, as described in the
Sewer Service Territorial Agreement, as it may be amended or
replaced from time to time.
I . "City Water Service Territory" means those lands to
which the City may provide water service, as described in the
Water Territorial Agreement, as it may be amended or replaced
from time to time.
J. "Clarcona Rural Settlement" means, for the purposes of
this Agreement, those lands depicted in Exhibit "C" attached
hereto and by this reference made a part hereof, all of which
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as of the Effective Date lie outside of both the JPA and the
corporate limits of the City.
K. "County" means Orange County, Florida, a political
subdivision of the State of Florida.
L. "County Comprehensive Policy Plan" means the Orange
County Comprehensive Policy Plan 1990-2010, in effect as of the
Effective Date of this Agreement, as it may from time to time
be amended.
M. "County Future Land Use Map" means the Orange County
Comprehensive Policy Plan 1990-2010 Future Land Use Map Series,
dated August 31, 1992, and by this reference made a part
hereof, as it may from time to time be amended.
N. "County Sewer Service Territory" means, for the
purposes of this Agreement, those lands which are outside the
City Sewer Service Territory.
O. "County Water Service Territory" means, for the
purposes of this Agreement, those lands which are outside the
City Water Service Territory.
P. "Development Order" shall have the same meaning as set
forth in the Planning Act.
Q. "Disputed Annexation Areas" means those lands
purported to have been annexed into the corporate limits of the
City by the Disputed Annexation Ordinances .
R. "Disputed Annexation Ordinances" means City Ordinance
Nos . 92-72 and 92-74 adopted by the Ocoee City Commission on
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December 16, 1992 and City Ordinance No. 92-76 adopted by the
Ocoee City Commission on January 5, 1993 .
S. "Disputed Rezoning Ordinances" means City Ordinance
Nos . 92-73 and 92-75 adopted by the Ocoee City Commission on
December 16, 1992 and City Ordinance No. 92-77 adopted by the
Ocoee City Commission on January 5, 1993 .
T. "Effective Date" means the date when the last one of
the City and County has signed this Agreement, which date will
be inserted on page 1 of this Agreement.
U. "Enclave" shall be as defined by Chapter 171, Florida
Statutes .
V. "Gotha Rural Settlement" means for the purposes of
this Agreement, those lands depicted in Exhibit "D" attached
hereto and by this reference made a part hereof, all of which
as of the Effective Date lie outside both the JPA and the
corporate limits of the City.
W. "Joint Planning Area" or "JPA" means those land which,
as of the Effective Date, (1) are located in unincorporated
Orange County, and (2) lie within the Joint Planning Area as
depicted in Exhibit "A" attached hereto and by this reference
made a part hereof. There is expressly excluded from the JPA
all lands which, as of the Effective Date, are located within
the corporate limits of the City, including but not limited to
those lands annexed into the corporate limits of the City of
Ocoee by all of the Challenged Annexation Ordinances .
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X. "Joint Planning Area Land Use Map" or "JPA Land Use
Map" means that certain map attached hereto as in Exhibit "B"
and by this reference made a part hereof which graphically
depicts the boundaries of the Joint Planning Area and the
future land uses for lands located within the Joint Planning
Area, which future land uses will be applicable only to the
City and then only upon annexation of said lands into the
corporate limits of the City.
Y. "Lawsuit" means that certain Complaint for Certiorari
and Declaratory Relief brought by the County against the City
in the Circuit Court of the Ninth Judicial Circuit which has
been assigned Case No. CI93-245, as such complaint may from
time to time be amended, challenging the validity of the
Challenged Annexation Ordinances, the Challenged Rezoning
Ordinances, the Disputed Annexation Ordinances and the Disputed
Rezoning Ordinances .
Z. "Planning Act" means Part II of Chapter 163, Florida
Statues (1992) , as amended by Chapter 93-206, Laws of Florida,
also known as the Local Government Comprehensive Planning and
Land Development Regulation Act and as it may from time to time
be amended.
AA. "Planning Advisory Committee" or "PAC" means that
certain Orange County/City of Ocoee Planning Advisory Committee
jointly established by the City and County pursuant to Section
11 of this Agreement.
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AB. "1987 Interlocal Agreement" means that certain
Interlocal Agreement for Joint Comprehensive Planning Area,
dated January 20, 1987, between the City and the County.
AC. "Settlement Agreement" means that certain settlement
agreement of even date herewith which results in a stipulated
partial final judgment allowing dismissal of the Lawsuit with
prejudice as to all of the Challenged Annexation Ordinances and
Challenged Rezoning Ordinances, while reserving the rights of
the parties to litigate enforcement of this Agreement, and the
Settlement Agreement, if necessary. The Settlement Agreement
T' in no way affects the Lwsuit with respect to the Disputed
Annexation Ordinances and Disputed Rezoning Ordinances .
AD. "Sewer Territorial Agreement" means that certain
Orange County/City of Ocoee Sewer Service Territorial
Agreement, formerly known as the Orange County/Prima Vista
Utility Company, Inc. Sewer Service Territorial Agreement
(Contract No. S-87-8) dated June 8, 1987 by and between Orange
County and Prima Vista Utility Company, Inc. ("PVU") as
recorded on June 10, 1987 in Official Records Book 3894 , Page
1363, Public Records of Orange County, Florida, as assigned by
PVU to the City by Assignment of Sewer Service Territorial
Agreement dated November 30, 1987, by and between PVU and the
City, and as amended by Letter Agreement S-1 dated July 13,
1988 between the City and County, and as further amended on
this date by separate agreement between the City and County, as
it may from time to time be amended.
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AE. "Water Territorial Agreement" means that certain
Orange County/City of Ocoee Water Service Territorial Agreement
(Contract No. W-88-06) dated November 14, 1988, by and between
Orange County and the City, as recorded on November 23, 1988 in
Official Records Book 4034, Page 291, Public Records of Orange
County, Florida and as amended on this date by separate
agreement amended by the City and County, as it may from time
to time be amended.
Section 4 . Term.
A. The term of this Agreement shall commence on the
Effective Date and shall terminate ten (10 years thereafter
unless extended in accordance with provisions of Section 4(B)
below.
B. This Agreement shall be automatically extended for an
additional one (1) year term (i .e. , until eleven (11) years
from the Effective Date) unless either the City and/or the
County, as the case may be, delivers a notice of non-renewal to
the other party at least one (1) year prior to the expiration
of the initial ten (10) year term of this Agreement.
Thereafter, this Agreement shall be automatically extended for
consecutive one (1) year terms unless either the City and/or
the County, as the case may be, delivers a notice of
non-renewal to the other party at least nine (9) months prior
to the termination date of any such extended one (1) year
term. The party or parties giving such a notice of non-renewal
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as aforesaid may, in such parties sole discretion, revoke such
notice of non-renewal at any time prior to the expiration date
of the initial 10-year term or any extended term of this
Agreement. Nothing contained herein shall preclude either
party from pursuing with the other party an amendment or
modification to this Agreement in connection with the delivery
of any such notice of non-renewal.
Section 5 . Preservation of Clarcona and Gotha Rural
Settlements .
A. The City hereby covenants and agrees that during the
term of this Agreement it will not annex into the corporate
limits of the City, whether by voluntary or involuntary
annexations, any lands located within either the Clarcona Rural
Settlement or the Gotha Rural Settlement.
B. The City hereby expressly recognizes the authority of
the County, in its discretion, to designate all or any portion
of the Clarcona Rural Settlement and the Gotha Rural Settlement
as "Preservation Districts" pursuant to the provisions of
Section 505 of the Orange County Charter entitled Voluntary
Annexation and to further provide for an exclusive method of
annexation with respect to the lands so designated. The City
further covenants and agrees not to sue or otherwise challenge
the validity of Section 505 of the Orange County Charter
entitled Voluntary Annexation or any designation of the
Clarcona Rural Settlement and/or Gotha Rural Settlement as
"Preservation Districts" pursuant to the terms thereof .
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C. Nothing contained in this Agreement or the City
Comprehensive Plan or the County Comprehensive Policy Plan, as
each will be amended to incorporate this Agreement pursuant to
the provisions of Section 9 hereof, shall be deemed as a waiver
or estoppel of the authority of the County to create
Preservation Districts and otherwise provide for an exclusive
method of voluntary annexation, which method would supersede
general law, as expressly authorized by Chapter 171, Florida
Statutes, and the Orange County Charter.
D. Nothing contained herein shall be construed to limit
the right of any owner of real property within the Clarcona
Rural Settlement and/or the Gotha Rural Settlement (1) to
petition the Orange County Commission and the Ocoee City
Commission for an amendment to the JPA so as to allow
annexation of such owners real property into the corporate
limits of the City in accordance with applicable statutes and
ordinances, which amendment may be granted or denied by the
Orange County Commission and the Ocoee City Commission, in
their sole and absolute discretion, provided that any such
actions must be taken only at an advertised public hearing, and
then, upon amendment of the JPA. pursuant to. the procedures set
forth herein to include such property, or (2) to petition the
City for annexation of such owner ' s real property into the
corporate limits of the City in accordance with this Agreement
and applicable statutes and ordinances .
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E. In the event the City during the term of this
Agreement annexes into the corporate limits of the City any
lands located within the Clarcona Rural Settlement or the Gotha
Rural Settlement, then in such event (1) the County shall have
standing to challenge the validity of any such annexation
occurring if it is in violation of the provisions of this
Section, and (2) the City agrees that no Development Orders and
no changes to the land use designation of any such annexed
lands may occur without a majority vote of the full membership
of both the Orange County Commission and the Ocoee City
Commission. This section is intended to grant to the County
extraterritorial powers pursuant to Section 163 .3171, Florida
Statutes, with respect to any lands within the Clarcona Rural
Settlement and/or Gotha Rural Settlement which may hereafter be
annexed by the City and shall be in addition to any other
remedies in law or equity that the County may have.
F. It is expressly understood between the parties that
the City' s covenant not to annex areas within the Clarcona
Rural Settlement and Gotha Rural Settlement is a material
consideration for the County' s voluntary dismissal, with
prejudice, of the Lawsuit as the Challenged Annexation
Ordinances and the Challenged Rezoning Ordinances . It is
further understood that nothing contained in the foregoing
section is intended to connote authorization by the County of
annexation by the City into the Clarcona Rural Settlement or
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Gotha Rural Settlement. Rather, said section is intended to
insure that the County retain planning jurisdiction over any
such annexed areas and that adjacent residents have meaningful
input into any such annexation decisions in the event that the
City' s covenant not to annex into the Clarcona Rural Settlement
is either violated or declared invalid for any reason.
G. It is expressly understood between the parties that
the covenants and agreements of the City set forth in this
Section 5 constitute a material inducement by the City to the
County to enter into this Agreement and the Settlement
Agreement.
Section 6 . Joint Planning Area.
A. Amendment to Future Land Use Maps . The City agrees
that with respect to lands located within the JPA that it will
not amend the City Future Land Use Map, except as expressly
required by Section 9 hereof and except as permitted in
accordance with the procedures set forth in Section 8 hereof.
Subject to the provisions of Section 13 hereof, the parties
expressly agree and acknowledge that notwithstanding anything
contained herein to the contrary, nothing in this Agreement
shall be construed to limit or restrict the 'right of the County
to amend or revise the County Future Land Use Map in accordance
with the provisions of the Planning Act.
B. Comprehensive Plan and Land Use Regulations . Until
such time as any lands within the JPA are annexed by the City
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pursuant to the procedures set forth in this Agreement and the
applicable state statutes and regulations, it is agreed as
follows with respect to lands located within the JPA: (1) the
County Comprehensive Policy Plan and land development
regulations shall control such land, and (2) the County shall
exercise exclusive authority over such land. Upon adoption by
the City of an ordinance annexing into the corporate limits of
the City any lands located within the JPA, it is agreed as
follows with respect to any such lands so annexed: (1) the
City Comprehensive Plan and land development regulations shall
control such annexed lands, (2) concurrent with the annexation
of such annexed lands the City may establish an initial zoning
for and rezone such annexed lands consistent with the City
Comprehensive Plan and this Agreement and the applicable state
statutes and regulations, (3) the City may issue Development
Orders with respect to such annexed lands prior to the adoption
of an amendment of the City Comprehensive Plan to include such
annexed lands so long as such Development Orders are consistent
with the City Comprehensive Plan and this Agreement and the
applicable state statutes and regulations, and (4) the City may
immediately exercise municipal jurisdiction over such annexed
land for the purposes of the Planning Act.
C. Desianation. The parties hereto hereby designate
those lands depicted in Exhibit "A" hereto and graphically
depicted in Exhibit "B" hereto as the "Joint Planning Area. "
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D. Future Annexation. The parties hereto acknowledge and
agree that lands located within the Joint Planning Area,
including any Enclaves located therein, are logical candidates
for annexation by the City, subject to the provisions of
Chapter 171, Florida Statutes. The City hereby covenants and
agrees that it will conduct a public facilities and services
analysis for any area being annexed and take into consideration
the fiscal impact of such annexation prior to approving the
annexation. In the event that such an analysis is conducted
which, in the sole opinion of the City meets the requirement of
this subsection, and the terms and conditions of this Agreement
are otherwise complied with, then the County covenants and
agrees that: (i) it will not oppose the annexation by the City
of any such lands located within the JPA, and (2) it will not
file suit against the City challenging the validity of any
ordinance annexing into the corporate limits of the City any
such lands located within the Joint Planning Area or otherwise
challenge or oppose anysuch annexation ordinances. The
agreement of the County as set forth in this Section 6(D) is a
material inducement to the City to enter into this Agreement
and it is acknowledged and agreed that the City would not enter
into this Agreement but for the inclusion of this Section 6(D) .
Section 7. Annexation Outside of JPA.
A. Unless and until this Agreement is modified or
terminated in accordance with its terms, all future annexations
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by the City shall occur only within the JPA, subject to the
terms and conditions of Chapter 171, Florida Statutes, and this
Agreement.
B. If an annexation petition is filed with the City by
the owner of land which does not lie within the JPA, then such
annexation petition shall not be approved by the City unless
and until this Agreement is amended to incorporate such land
into the JPA; provided, however, that the County shall be under
no duty to amend this Agreement to incorporate such land into
the JPA and may accept or reject any such request to do so in
its sole and absolute discretion.
C. The provisions of this Section 7 are not applicable to
the annexation of lands located within the Clarcona Rural
Settlement and/or the Gotha Rural Settlement, the annexation of
said lands being expressly prohibited as set forth herein.
Section 8 . Joint Plannina Area Land Use Map.
A. Pursuant to the provisions of Section 163 .3171,
Florida Statutes, the County hereby expressly authorizes the
City to plan for and include within the City Comprehensive
Plan, including the City Future Land Use Map, those lands
located within the JPA so long as the future land uses for such
lands as designated on the City Future Land Use Map are
consistent with the Joint Planning Area Land Use Map; provided,
however, that the City shall not exercise municipal
jurisdiction over any such lands located within the JPA unless
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and until such lands are annexed into the corporate limits of
the City. Notwithstanding the foregoing, the parties hereto
agree that the County Comprehensive Policy Plan shall control
until annexation by the City.
B. The City shall include the JPA within the City
Comprehensive Plan but may not provide for future land use
designations different from those set forth in the Joint
Planning Area Land Use Map. For purposes of this Agreement
only, the future land use designations for the area included in
the Joint Planning Area Land Use Map are amendable by the
parties hereto without a comprehensive plan amendment only
after advertised public hearings are held by the City and
County regarding the proposed amendment to the Joint Planning
Area Land Use Map unless said public hearings are waived by
both the County and the City. Any such amendment must be
approved by a majority vote of the full Boards of both the
Orange County Commission and the Ocoee City Commission. The
Reviewing Party (as hereinafter defined) may require that the
proposed amendment be considered at a joint advertised public
hearing.
C. For purposes of this Agreement only, the City or
County may request an amendment to the Joint Planning Area Land
Use Map (including but not limited to an extension of the
boundary of the Joint Planning Area) in accordinance with the
procedures set forth in this Section 8(C) . In such case, the
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party requesting the amendment (the "Amending Party") shall
provide written notice to the other party (the "Reviewing
Party") and the Planning Advisory Committee setting forth the
reasons for the requested amendment . Within thirty (30) days
of receipt of such notice by the Planning Advisory Committee,
it shall meet to consider the proposed amendment and shall make
such recommendations as it deems appropriate to the County and
City with respect thereto. Within fourteen (14) after receipt
of the recommendations of the PAC, the Reviewing Party shall
notify the Amending Party whether or not it desires a public
hearing to discuss the proposed amendment, and, if so, whether
such hearing will be a joint public hearing. If a public
hearing is requested by the Reviewing Party the City and County
shall then schedule public hearings within sixty (60) days of
the receipt of Reviewing Party' s notification to the Amending
Party. Unless a joint public hearing has been requested, the
first public hearing will be held by the Amending Party. If
the proposed amendment is not approved by the Amending Party at
its public hearing, then the request for the proposed amendment
shall be deemed withdrawn by the Amending Party and no further
action shall be required. If the proposed amendment is
approved by the Amending Party at its public hearing, then the
Reviewing Party shall consider the proposed amendment at its
public hearing (or the joint public hearing) . If the proposed
amendment is not approved by the Reviewing Party at its public
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hearing (or the joint public hearing) , then the decision of the
Reviewing Party may be appealed by the Amending Party to the
East Central Florida Regional Planning Council for informal
mediation. If a public hearing is not requested by the
Reviewing Party, or if the Reviewing Party approves the
proposed amendment, then in such event the Joint Planning Area
Land Use Map shall be deemed to be amended in accordance with
the request of the Amending Party. The approval of an
amendment to the Joint Planning Area Land Use Map shall not be
deemed to be an amendment to either the County Comprehensive
Policy Plan or the City Comprehensive Plan and shall not be
subject to the procedures with respect thereto; provided,
however, that this section is not intended to discharge the
City of any requirement under the Planning Act to amend the
City Comprehensive Plan, including but not limited to the City
Future Land Use Map and Intergovernmental Coordination Element,
following any amendment to the Joint Planning Area Land Use
Map; and provided, further that this section is not intended to
discharge the County of any requirement under the Planning Act
to amend the Intergovernmental Coordination Element of the
County Comprehensive Policy Plan following any such amendment
to the Joint Planning Area Land Use Map. Upon approval of such
amendment as aforesaid, the City, if necessary pursuant to the
applicable state statutes and regulations, may seek to amend
its comprehensive plans so as to be consistent with the
amendment to the Joint Planning Area Land Use Map and the City
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may, if necessary pursuant to the applicable state statutes and
regulations, amend the City Comprehensive Plan, including the
City Future Land Use Map, so as to be consistent with the
amended Joint Planning Area Land Use Map. The County agrees
not to object to or challenge any such comprehensive plan
amendment which is consistent with the amended Joint Planning
Area Land Use Map. If the proposed amendment to the JPA Land
Use Map is not approved as aforesaid, then the JPA Land Use Map
will remain in full force and effect and the City shall not
seek an amendment .to the City Comprehensive Plan incorporating
the proposed amendment to the JPA Land Use Map.
D. The provisions of this Section 8 shall during the term
of this Agreement be applicable to the City with respect to
lands located within the JPA without regard to whether or not
such land are annexed into the corporate limits of the City
subsequent to the Effective Date.
E. Nothing contained in this Section 8 shall be construed
to require that the County seek or obtain an amendment to the
JPA Land Use Map or to follow the procedures set forth in this
Agreement in order to amend the County Future Land Use Map (and
in particular the future land use designations of
unincorporated areas within the JPA) , it being the intent of
the parties that the JPA Land Use Map is applicable only with
respect to the actions of the City upon the annexation of lands
within the JPA. Accordingly, no signature by the chief elected
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official of City shall be necessary on transmittals of
amendments to Orange County' s Comprehensive Policy Plan.
Section 9 . Obligation to Amend Comprehensive Plans .
A. Subsequent to the Effective Date, the City and County
shall proceed in good faith and with due diligence to amend
their respective comprehensive plans in the manner set forth
herein during their next comprehensive plan amendment cycle,
but in no event shall: (1) such transmittal occur later than
nine (9) months from the Effective Date and (2) such adoption
occur later than eighteen (18) months from the Effective Date.
B. Within ninety (90) days from the Effective Date each
party shall submit to the other party drafts of the text of the
amendments to their respective comprehensive plans called for
by this section. Each party shall have thirty (30) days to
review and comment on the other parties proposed amendments to
its comprehensive plan. Thereafter, the parties shall proceed
in good faith to amend their respective comprehensive plans in
accordance with the provisions of the Planning Act and this
Section. In connection therewith, the parties shall coordinate
their consideration and scheduling of any such comprehensive
plan amendments .
C. The City shall proceed in good faith and with due
diligence to amend the City Comprehensive Plan as follows :
(1) To incorporate by reference this Agreement as
part of the City Comprehensive Plan Intergovernmental
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Coordination Element and to amend all provisions of the City
Comprehensive Plan inconsistent with this Agreement so that the
City Comprehensive Plan is consistent with this Agreement.
(2) To reflect the current corporate limits of the
City. For the purposes hereof, the corporate limits of the
City include all of the Challenged Annexation Areas except for
the Disputed Annexation Areas, which lands will be separately
identified on the City Future Land Use Map in accordance with
the provisions of Section 18 hereof.
(3) To delete from the City Future Land Use Map all
lands outside of the JPA and the corporate limits of the City,
except for the Disputed Annexation Areas which will be
separately identified on the City Future Land Use Map in
accordance with the provisions of Section 18 hereof.
(4) To reflect the Joint Planning Area on the City
Future Land Use Map and other appropriate maps and exhibits to
the City Comprehensive Plan.
D. The County shall proceed in good faith and with due
diligence to amend the County Comprehensive Policy Plan as
follows :
(1) To incorporate by reference this Agreement as
part of the County Comprehensive Policy Plan Intergovernmental
Coordination Element and to amend all provisions of the County
Comprehensive Policy Plan inconsistent with this Agreement so
that the County Comprehensive Policy Plan is consistent with
this Agreement .
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(2) To reflect the current corporate limits of the
City, including all of the Challenged Annexation Areas except
for the Disputed Annexation Areas .
(3) To reflect the Joint Planning Area on the County
Future Land Use Map (which will set forth future land uses
applicable only to the City, and then, only upon annexation by
the City) and other appropriate maps and exhibits to the County
Comprehensive Policy Plan.
(4) To create transition zones allowing up to two (2)
dwelling units per acre in those areas of unincorporated Orange
County which abut the outer boundary of the JPA and are outside
the JPA and are adjacent to either the Gotha or Clarcona Rural
Settlements . Such transition areas shall be provided for
through policies in the County Comprehensive Policy Plan.
E. Each party hereto shall consider in good faith any
comments raised by other party pursuant to the provisions of
Section 9(B) prior to transmittal of their respective
comprehensive plans hereof with the objective of assuring that
the proposed comprehensive plan amendments are consistent with
the terms and conditions of this Agreement . In the event there
is a dispute between the parties as to the content and/or text
of any comprehensive plan amendment required by this Section,
then the parties hereto agree to seek informal mediation by the
East Central Florida Regional Planning Council . Following
informal mediation, the parties will proceed in good faith to
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amend their respective comprehensive plans , taking into
consideration the results of such informal mediation and the
provisions of the Planning Act.
F. The parties hereto agree that the incorporation of
this Agreement by reference (and exhibits incorporated by
reference into this Agreement) into their respective
comprehensive plans and the subsequent approval thereof by the
State Land Planning Agency shall render any action by the City
or County which is contrary to this Agreement as inconsistent
with the City Comprehensive Plan and the County Comprehensive
Policy Plan, respectively.
G. Notwithstanding the existence of this Agreement, the
City and County shall amend their respective comprehensive
plans during their plan amendment cycle immediately following
annexation of lands located within the JPA to ensure that the
corporate limits of the City are properly configured and
depicted on both City Comprehensive Plan and/or the County
Comprehensive Policy Plan.
H. This section is intended to comply with the provisions
of Section 163 .3171(1) , Florida Statutes, with respect to the
establishment of procedures for joint action in the preparation
and adoption of the City and County comprehensive plans .
Section 10 . Sewer and Water Service.
A. The County hereby covenants and agrees to provide
sewer and water service to those lands located within the
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corporate limits of the City, and those hereafter annexed into
the corporate limits of the City (which lands are also within
the JPA) , and which lands are not within the City Water
-fi- a(d% ,Z
Servit .
,Territory or City&,,Sewer, Territory) respectively; provided,
however, that the County shall not be obligated pursuant to
this Agreement, to provide sewer and water service to the
County Sewer Service Territory and the County Water Service
Territory, respectively, unless the lands located therein have
been annexed into the corporate limits of the City. The
foregoing shall be subject to the property owner ' s compliance
with the applicable County rules and regulations with respect
to sewer and water service provisions (including but not
limited to the requirement that property owners install lines
for a distance of up to one mile from their property to connect
to the County' s system) . It is expressly agreed and understood
between the parties that County' s reaffirmation to provide
central sewer and water service as aforesaid is a material
consideration to the City' s execution of this Agreement.
B. In the event the County breaches its obligations under
Section 10(A) because it is unable to provide sewer and/or
water services, as set forth in Section 10(A) above, in a
timely manner (as reasonably determined by the County, in
accordance with rules and regulations of the County applied on
a Countywide basis) , then in such event the County shall
request wholesale service from the City in accordance with the
Sewer Territorial Agreement and Water Territorial Agreement .
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C. The Orange County Comprehensive Policy Plan shall not
be used as a basis to excuse the County' s obligations under
this section. Any provisions contained within the
intergovernmental coordination element of the County
Comprehensive Policy Plan or provisions of this Agreement which
are in conflict with utility portions of the County
Comprehensive Policy Plan shall control over said utility
provisions in the County Comprehensive Policy Plan.
D. The parties further agree that nothing in this
Agreement, the Sewer Territorial Agreement and/or Water
Territorial Agreement addresses in any way the reuse water
rights of the City or County under Florida law.
E. The intent of this section is to assure the
availability of sewer and water service from either the City or
the County to all lands located within the corporate limits of
the City and upon annexation into the corporate limits of the
City to such annexed lands which are located within the JPA.
Section 11. Creation of Plannina Advisory Committee.
A. There is hereby created by the County and the City the
"Orange County/City of Ocoee Planning Advisory Committee. "
(2) The PAC shall serve as a forum to discuss
annexation plans by the City.
(3) The PAC shall review and make recommendations on
all Interlocal agreements between the County and the City.
f� C "� A. 6. 1 ' -28-
E )
W il‘ pn eels"l esrar
INSERT "A"
B. The PAC shall have the following purposes :
(1) The PAC shall serve as a forum for the County and
City to identify and discuss issues related to comprehensive
plan implementation, and development and funding which affect
the County and City in such areas as land use, transportation,
drainage, conservation, solid waste, sanitary sewer, portable
water, natural groundwater aquifer recharge and recreation and
open space planning.
•
•
•
L .
(4) The PAC shall make recommendations to the City
and County regarding any amendments to this Agreement, the
Joint Planning Area, and/or the Joint Planning Area Land Use
Map.
(5) The PAC shall serve as a forum for sharing
information and technical data and general discussion of
matters of interlocal interest.
(6) The PAC shall review and make recommendations to
the County and City regarding any areas within the JPA or
adjacent to the JPA requiring special study.
(7) The PAC shall advise the County and City
regarding the resolution of issues requiring intergovernmental
concurrence.
(8) The PAC shall foster the Goals, Policies and
Objectives of the County Comprehensive Policy Plan and the City
Comprehensive Plan.
(9) The PAC shall serve such other advisory functions
as may be jointly designated by the County and the City.
C. The PAC shall be a purely advisory committee and shall
have no authority to take any actions binding on either the
County or City.
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Section 12 . Conflict Resolution.
A. The East Central Florida Regional Planning Council
shall serve as a forum for the informal nonbinding mediation of
intergovernmental disagreements and conflicts between the
County and City with respect to the comprehensive planning
matters and other matters set forth in this Agreement.
B. Notwithstanding the foregoing, in the event that
either party determines in good faith that it is necessary to
file a lawsuit in order to meet a jurisdictional time period or
otherwise preserve a legal right, said lawsuit shall be abated
once the filing and any other act necessary to preserve the
legal right occurs, and the parties shall refer the matter to
the East Central Florida Regional Planning Council in
accordance with the terms set forth herein.
C. In the event the parties cannot resolve a conflict
after following the procedures set forth in this Section, then
in such event the parties may pursue such other remedies as may
be available for resolution of such conflict, including but not
limited to the pursuit of all available administrative and
judicial remedies .
Section 13 . Notices of Certain Applications.
A. With respect to all lands located within the JPA, the
City and County will each provide to the other notice of
receipt of the following applications: (1) Annexation, (2)
Deannexation, (3) Comprehensive Plan Amendment, including an
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amendment to the future land use map, (4) Rezoning, and/or (5)
Development of Regional Impact (collectively, the
"Applications") . For the purposes of this Agreement, all
references to "Applications" shall include any of the foregoing
which are initiated by the City, the County and/or a property
owner. Such notice shall be provided within ten (10) business
days of receipt of an Application or initiation of such action
by the City and/or County. Upon request, either party may
obtain a copy of any such Application and be notified of all
public hearing dates with respect thereto and of all other
dates on which action may be taken with respect to such
Application.
B. Within ten (10) working days of receipt of notice of
an Application from a party, and no less than 30 days prior to
a public hearing scheduled by the party having jurisdiction
over an Application, the party receiving notice may object in
writing to any such Applicationl.
C. Any City comments shall be forwarded to the County
Planning Director and to the members of the PAC. Any County
comments shall be forwarded to the City Planning Director, City
Manager and the members of the PAC. The County Planning
Director and City Planning Director shall ensure that the
comments are introduced at all appropriate public hearings .
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Section 14 . Road Improvements to County Roads .
A. The County and City acknowledge and agree that
development within the City and the JPA in accordance with the
City Future Land Use Map may require improvements to County
roads in order to meet concurrency requirements under the
Planning Act and the City Comprehensive Plan. Subject to
compliance with all applicable County ordinances and policies,
including but not limited to the holding of public hearings
where applicable, the County agrees that it will consider in
good faith any request from the City for authorization to make
improvements to County roads which improvements are necessary
in order to meet concurrency requirements under the Planning
Act and the City Comprehensive Plan, so long as such
improvements are at no cost or expense to the County.
B. In the event the County denies a request from the City
to permit the City to improve, at no cost or expense to the
County, a County road which is located both within the
corporate limits of the City and the JPA, then in such event
the City expressly reserves all rights and remedies that may
now or hereafter be available to the City, at law or in equity,
including but not limited to all rights and remedies under the
Planning Act, to appeal or otherwise challenge any such
decision of the County. For the purposes of this Section,
improvements to County roads include, but are not limited to,
the extension of such roads, the addition of traffic lanes,
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turn lanes, and/or signalization, the paving of such roads, the
relocation and installation of utility infrastructure
(consistent with the Sewer Territorial Agreement and the Water
Territorial Agreement) within existing County roads and
easements, and such other improvements as may be necessary to
meet transportation concurrency requirements under the City
Comprehensive Plan.
C. The County will allow infrastructure improvements to
that portion of Maguire Road which is both within the corporate
limits of the City and the Joint Planning Area provided that
said improvements are at no cost or expense to the County and
are subject to the County' s permitting procedures and final
approval, which approval shall not be unreasonably withheld.
Section 15 . Battaalia East.
With respect to the lands purported to have been annexed
into the corporate limits of the City by City Ordinance No.
92-60, the City, the County and the owner of said lands have
voluntarily agreed to the development in accordance with the
site plan attached hereto as Exhibit "E" and by this reference
made a part hereof, subject to the voluntary dismissal of the
Lawsuit, with prejudice, with respect to City Ordinance Nos .
92-60 and 92-61. Contemporaneous with the execution of this
Agreement, the City and the owner of said lands will enter into
a developer agreement requiring the development of the lands
annexed by City Ordinance No. 92-60 to occur in accordance
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with said site plan; provided, however, that said development
restrictions shall only become effective upon the voluntary
dismissal of the Lawsuit, with prejudice, as to the challenges
to City Ordinance Nos . 92-60 and 92-61. Said developer
agreement shall provide that it may not be amended without the
prior written approval of the County.
Section 16. Reduction of City Urbanization Area .
The parties hereto acknowledge and agree that the City
Comprehensive Plan sets forth future land uses and plans for
future annexation areas outside of the JPA and the current
corporate limits of the City and that the future land uses for
some of said lands may be inconsistent with the County
Comprehensive Policy Plan. A result of this Agreement will be
to reduce the area of future urbanization by the City as
contemplated in the City Comprehensive Plan and reduce
inconsistencies between the County Comprehensive Policy Plan
and the City Comprehensive Plan. To this end the City has by
this Agreement agreed, among other provisions, to the voluntary
restriction of its annexation powers, to the elimination from
the City Future Land Use Map of lands within unincorporated
Orange County which are outside of the JPA, and to the
protection of the Clarcona Rural Settlement and Gotha Rural
Settlement . The adoption of this Agreement has served the
further purpose of reducing inconsistencies between the County
Comprehensive Policy Plan and the City Comprehensive regarding
the future growth and development of lands within the JPA.
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Section 17. County Future Land Use Map.
The parties hereto acknowledge and agree that the future
land uses designated on the Joint Planning Area Future Land Use
Map are land uses which are intended to apply upon and in the
event of annexation into the City of land located within the
JPA and that such future land uses may be inconsistent with the
future land uses shown on the County Future Land Use Map.
Section 18 . Disputed Annexation and Rezoning Ordinances .
The parties hereto acknowledge that they have been unable
to settle the Lawsuit with respect to the Disputed Annexation
Ordinances and the Disputed Rezoning Ordinances. The County
expressly reserves the right to continue the Lawsuit with
respect to the challenge to the Disputed Annexation Ordinances
and the Disputed Rezoning Ordinances . In the event the County
prevails in the Lawsuit with respect to the Disputed Annexation
Areas, the City acknowledges and agrees that the Disputed
Annexation Areas will lie outside of both the corporate limits
of the City and the JPA. In the event the City prevails in the
Lawsuit with respect to the Disputed Annexation Areas, the
County acknowledges and agrees that the Disputed Annexation
Areas will be within the corporate limits of the City and not
subject to this Agreement. The City agrees that pending the
resolution of the Lawsuit with respect to the Disputed
Annexation Areas that it will not issue any Development Orders
with respect thereto. The Disputed Annexation Areas shall be
-35-
identified in the proposed amendments to the City Comprehensive
Plan and the County Comprehensive Policy Plan in a manner
consistent with the provisions of this Section and both parties
covenant and agree not to object to any such provisions .
Following resolution of the Lawsuit, the City and County will
each make such amendments to their respective comprehensive
plans as may be necessary in order to conform such
comprehensive plans to the resolution of the Lawsuit.
Section 19 . Enforcement.
This Agreement shall be enforceable by the parties hereto
by whatever remedies are available in law or equity.
Section 20 . Notices .
All notices, consents, approvals, waivers and elections
which any party shall be requested or shall desire to make or
give under this Agreement shall be in writing and shall be
given only by hand delivery for which a receipt is obtain or
certified mail, prepaid with confirmation of delivery
requested. Notices shall be addressed to the addresses set
forth below or that a party may otherwise designate in the
manner prescribed herein.
If to the County: County Planning Manager
201 S. Rosalind Avenue
P.O. Box 1393
Orlando, Florida 32802
With a copy to: Orange County Administrator
201 S. Rosalind Avenue
P.O. Box 1393
Orlando, Florida 32802
-36-
If to the City: City Manager
City of Ocoee
150 North Lakeshore Drive
Ocoee, Florida 34761
With a copy to: Director of Planning
City of Ocoee
150 North Lakeshore Drive
Ocoee, Florida 34761
Notices, consents, approvals, waivers and elections shall be
deemed given when received by the party for whom intended at
such party's address first herein specified, or such other
address as such party may have substituted therefore by notice
to the other.
Section 21. Effect on Other Aareements .
This Agreement shall supersede and repeal any and all other
joint planning agreements between the parties, including, but
not limited to that certain 1987 Interlocal Agreement, but
shall under no circumstances be construed as amending,
modifying or terminating the Sewer Territorial Agreement and/or
the Water Territorial Agreement.
Section 22. Other Municipalities .
This Agreement shall not be construed as binding upon or
affecting any municipality which is not a party hereto.
Section 23 . Validity of Agreement.
The City and the County each represent to the other their
respective authority to enter into this Agreement, and
acknowledge the validity and enforceability of this Agreement.
The City hereby represents, warrants and covenants to and with
-37-
the County that this Agreement has been validly approved by the
Ocoee City Commission at an advertised public hearing of the
Ocoee City Commission held pursuant to the provisions of
Sections 163 .3171(3) and 164 . 106, Florida Statutes, that it has
been fully executed and delivered by the City, that it
constitutes a legal, valid and binding contract enforceable by
the County against the City in accordance with its terms, and
that the enforceability hereof is not subject to any impairment
by the applicability of any public policy or police powers.
The County hereby represents, warrants and covenants to and
with the City that this Agreement has been validly approved by
the Orange County Commission at an advertised public hearing of
the Orange County Commission held pursuant to the provisions of
Sections 163 .3171(3) and 164 . 106, Florida Statutes, that it has
been duly executed and delivered by the County, that it
constitutes a legal, valid and binding contract enforceable by
the City against the County in accordance with its terms, and
that the enforceability hereof is not subject to any impairment
by the applicability of any public policy or police powers .
Section 24 . Covenant to Enforce.
If this Agreement or any portion hereof is challenged in
any judicial, administrative or appellate proceeding (each
party hereby covenanting with the other party not to initiate
or pursue such challenge) , the parties hereto collectively and
individually agree, at their individual sole cost and expense,
-38-
to defend its validity through a final judicial determination
unless both parties mutually agree not to defend any such
challenge or not to appeal any decision invalidating any
portion of this Agreement; provided, however, that the
foregoing shall not be construed as requiring either the City
or County to defend the other' s comprehensive plan, or any
amendment thereto.
Section 25 . Miscellaneous .
A. Entire Agreement. This Agreement and the Settlement
Agreement embodies and constitutes the entire understandings of
the parties with respect to the subject matter addressed
herein, and all prior or contemporaneous agreements,
understandings, representations and statements, oral or
written, are merged into this Agreement and the Settlement
Agreement.
B. Amendment. This Agreement may not be modified, or
waived orally and shall only be amended pursuant to any
instrument in writing and jointly executed by all of the
parties hereto, shall be enforceable by, binding upon and inure
to the benefit of the parties hereto and their respective
successors and assigns . Any party to this Agreement shall have
the right, but not the obligation, to waive (in writing) rights
or conditions herein reserved for the benefit of such party.
C. Venue. This Agreement shall be governed by the laws
of the State of Florida, and venue for any action to enforce
-39-
the provisions of this Agreement shall be in the Circuit Court
in and for Orange County, Florida .
D. Headings . The headings of the Sections of this
Agreement are inserted for convenience or reference and in no
way define, limit or describe the scope or intent of, or
otherwise affect this Agreement.
E. Representations. All covenants, agreements,
representations and warranties made herein shall be deemed to
have been material and relied on by each party to this
Agreement.
F. Counterparts . This Agreement may be executed in any
number of counterparts, each of which, when executed and
delivered, shall be an original, with all counterparts together
constituting one and the same instrument.
G. Construction. The provisions of this Agreement shall
be liberally construed (i) as an expression of
inter-governmental cooperation enabling each party to make the
most efficient use of its powers in furtherance of the
objectives of the Planning Act, and (ii) to effectuate the
purposes hereof and the powers conferred by this Agreement.
All parties have participated in the preparation of this
Agreement, and the provisions hereof shall not be construed for
or against any party by reason of authorship.
H. Severability. If any provision of this Agreement is
declared invalid by laws applicable thereto the invalidity
-40-
shall not affect other validity enacted portions of this
Agreement.
I . A fully executed original of this Agreement shall be
filed with the Clerk of the Circuit Court of Orange County,
Florida, as required by and in compliance with the provisions
of Section 163 . 01(11) , Florida Statutes .
IN WITNESS WHEREOF, the County and City have executed this
Agreement on behalf of the County and City, respectively, and
have set their seals hereto as of the date set forth above.
ORANGE COUNTY, FLORIDA
BY:
County Chairman
DATE:
ATTEST: Martha O. Haynie, County Comptroller
As Clerk of the Board of County Commissioners
BY:
Deputy Clerk
FOR THE USE AND RELIANCE
OF ORANGE COUNTY ONLY.
APPROVED AS TO FORM
19
Alison M. Yurko
Assistant County Attorney
-41-
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
acknowledgments, personally appeared
personally known to me or who has produced
as identification
Notary Public
Printed Name:
My Commission Expires :
WITNESSED: CITY OF OCOEE,
A Florida municipal corporation
By:
Print Name: S. Scott Vandergrift,
Mayor
Attest:
Print Name: Jean Grafton,
City Clerk
(SEAL)
FOR THE USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA
APPROVED AS TO FORM AND
LEGALITY THIS DAY OF
1994
FOLEY & LARDNER APPROVED BY THE OCOEE CITY
COMMISSION AT A MEETING HELD
BY: ON 1994 UNDER AGENDA
City Attorney ITEM NO. .
-42-
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
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 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 , 1994 .
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) :
AMY641 01/13/94
(w/o underlines & strike-thru)
-43-
EXHIBIT C
CLARCONA RURAL SETTLEMENT
RURAL SETTLEMENT BOUNDARY LINE
V
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SETTLEMENT PROPOSAL: NOT TO BE USED IN LITIGATION
EXHIBIT D
GOTHA RURAL SETTLEMENT
DISPUTED ANNEXATION AREAS
Immo RURAL SETTLEMENT BOUNDARY LINE
r 77111:-\\iirly00000: IilliOeArvses® ®, u �IL PA
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EXHIBIT "E"
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JAN-1c^-'94 WED 14:22 ID:ORANGE CO.LEGAL DE; : TEL NO:407 836-5883 U328 P82 - — -
DRAFT
vialT.(d
This instrument prepared
by: SETTLEMENT DOCUMENT -
NOT TO BE USED IN
LITIGATION.
TRI-PARTY AGREEMENT
PERTAINING TO DEVELOP RESTRICTION
THIS TRI-PARTY AGREEMENT (hereinafter the "Agreement") is
made and entered into as of this day of , 1994,
among Orange County, Florida, a political subdivision of the
State of Florida, whose mailin_a address is
(hereinafter the "County") ; the City of
Ocoee, a Florida municipal corporation, whose mailing address
is (hereinafter the "City") ; and the
Battaglia Fruit Company, whose mailing address
(hereinafter "Battaglia") .
RECITALS:
WHEREAS, there is an action pending in the Circuit Court of
the Ninth Judicial Circuit in and for Orange County, Florida,
styled Orange County, Florida, Plaintiff vs . City of Ocoee,
Defendant, being case number CI93-245 (the "Lawsuit") under
which the County is seeking review by certiorari of certain
ordinances enacted by the City of Ocoee which annex certain
property into the City and rezone said property; and
• - h- .w h- -n. - - v. •f
nt, Ordinance Nos . 32-60 apd 92-61, adopted by the Ocoee
-- JAN-12-'94 wED 14: '2 ID:ORANGE CO.LEGZL _EFT TEL NO:407 836-5583 #828 PO3 — -
•
City _ommiar; p,, on December 15 , 1992
_�"the u _t-anj ; a
• • • , . , - wh• • _d' , - - 1 .
1• f . •
-- • • , • - • - •
V- •Lr } = a
in -al • • . -r •
• • 1. 'da - . -
�to and by tri s reference made a ar
Pt hereof »
( he Ba t g1ja
Pr oerty") : and
WHEREAS _ lia owBattagn ee simple title to he t+•
Baactlia
Property; and
WHEREAS, in an effort to FeeeAeile-a-dl-r-i- --eeaeefRing
eeftaia--�r-d-i e-r== - aetedr--by---thee---mit
y--441•i**--hava--beex
ehalleaged-4n- partially settle the Lawsuit, City and County
have entered into on even date herewith a certain Settlement
Agreement and certain Joint Planning Area Agreements 4whieh_4
ineeeyefa ed--by--Eefefeaee-4-nto--sale)--et-t-/ nt-Ag ,t. _as7
V�•V}
Battaglia--ewes--peepeaty--wh eH--is--the--subieet--a€--TazatIea
G-rdinaeee-Rumbe-r. eftd--Re.oe g-4Nr-d-in; ae. J r-
-_.—_r-fie t#t
e€-wMeh- v-e--been -e al- c .-bye-eeaage-EeeAty 3-n--t- e-bawsuitt
and
: A ai• - ' - -n A. - - , -n • •int _
• } f - • - f • ; '+ . •
• t -
W-
• h- B- a. 1 • . Or. an -
- * ' * - - • taglia
property: and
a 1 dition and
as L rement of said Sett emen Agr men and J
t Planning
Area Agregment : and
-2-
- - - 'AN-12-''=4 ,JED 14:23 I D:ORANGE CO.LEGAL DEFT TEL NO:407 836-5888
WHEREAS, in furtherance of settlement between the paetiee
City and County with respect to the €eeegetee--awmemia-ti ate
eeaeniaq--0.r ,.-noe— pattaalia Ordizances., Battaglia has agreed
to voluntarijv impose certain development restrictions upon
attaehed--heeete---and--iaeeeperated--keeeie--by--Ee€eeeaee--{the
"6apital--pad* Battaalia Property"}T--wh4eh-- t ,_— le-
__
ath4eet-e€-the-€eaegeing-annexatiee-aad-eegerael-eedinaaee.
NOW THEREFORE, in consideration of the covenants made by
each party to the other and in the mutual advantages to be
realized by the parties hereto and of other good and valuable
consideration, the receipt and sufficiency of which is hereby
acknowledged, the City, County and Battaglia hereby covenant
And agree as follows :
1. The above Recitals are true and correct and are
incorporated herein by reference.
2. Battaglia hereby ageees--t-o voluntariiv imposes on th
3attaglla Property the following development restrictions : (a)
be- d-- that certain 25 foot landscape buffer located at
the eastern boundary of the $att aalia Pproperty north of
Clarcona-Ocoee Road. and (.. ) a5-we -1--. - that certain 10 to 25
foot retention buffer located to the west of the Battagja
gproperty ¢north of Clarcona-Ocoee Roadr1 whieh said buffers
a£e beiria more particularly described and set forth on that
-3-
wct _ �� ;li:l:Rr;,VCc LU. LPL -EFT FEL. NO:407 836-5888 #828 P05
certain site plan attached hereto as Exhibit "B" and
incorporated herein by reference.
31- Male-•4-r_.. .en --sk1-i--beeeme- €-€ 3-iTe- - b -aeee*ded
ia-Adie-4 14)4.4, -- eepiNs--o-€-0s,enge-6ettaty7-4'3ert4 a---Txml.-exeeutiea
by--the--6ity--and--Eeunty--heeeef--aad--at--sash--time--as--the
Settiemeet-Agr-eemerlt—end--.4o4rrar- -Area--Agreement--ase
appeeved-end-eeeetted-hy-tke-Gity-and-Eexaty,.
... This Agreement shall be binding, and shall inure to
• - * ; • h- • :.ir . -n- a -
- - . • .f ! - . - .n
• - v -
rw'
r an in • he heirs,
beneficiaries. legal r nresenrativ S su censors
- • •• • • • : n . - r- . •
•
may become _he successor in interest to he Battaglia Property
or any oartl,pn thereof .
'4 s. The nart-ies here _ agree tha an xec i e
0' 1 incl ¢f
• - r- • • - .
•
• : # • : • • • . T - i v • • • n
time upon req lett- of Ha taglia exsece a d d liver letters
affirming the status 0_f this AgrBernent,
A. 1 . -m: • - • .
- • h-
• • pr. - •
the law of the State of Florida .
Amendments to and wain rs f the provisions of thin
Agreement- 4hall be made by the pari h
' n w '
tias
by formal amendment .
-4-
,1-4N-1 - :U:J<r:iNGE CO.LE6t IL DEPT '-EL NO: 07 8 6-0688 #828 PO6
_ -m- , i-
• I'm- -_ - -rid all
agreements w ich may now heft
or reaer be ntered into between
0 - . 0 . . - . ' - N. n. • • • - 6 - r- ' • -
construed as a waiver from the reguirementa of the Oco a Land,
. -v- . . n - i . . _ - H . f im- - -
S�• •�'�D sew/ Q��t ly�� I'r►tla.+,W1�f1�A+hwl 1L *.l3
4$. LaZ�h party shall bear its own a torneys�fees and costs,
•
IN WITNESS WHEREOF, the County, City, and Battaglia have
executed this Agreement, and the City and County have set their
seals hereto as of the date set forth above.
ORANGE COUNTY, FLORIDA
By:
LINDA CHAPIN
COUNTY CHAIRMAN
ATTEST: Martha 0. Haynie, County Comptroller
As Clerk of the Board of County Commissioners
BY:
Deputy Clerk
Print Name:
EOR THE USE AND IANC
RELE
OF ORANGE COUNTY ONLY.
APPROVED A$ TO FORM
19
Alison M. Yurko
Assistant County Attorney
-5-
_ �... 1U:1) !-u�I�:.0 �.L.1.L=UML i. FT ;EL. NO:407 3.:5-:888 -2'
x;3_6 PGS^
STATE OF FLORIDA
COUNTY OF ORANGE
SWORN to and subscribed freely and voluntarily for the
purposes therein expressed before me by LINDA CHAPIN, County
Chairman of the Board of County Commissioners, known to me to
be the person described in and who executed the foregoing,
this day of , 1994 .
WITNESS my hand and official seal in the County and State
last aforesaid this day of 1994 .
Notary Public
• Print Name:
My Commission Expires:
CITY OF ORLANDO OCOEE
By:
Title:
� ' ' • E ' -EL
APPROVED ORM
Al on M. YurLY
- 6,9ec
Assam nt County AttDrney Pock'
4-A61-4.1\1t wt1)
Y `I S
-6-
,,t:.1 .-i:_., iii:ORI;NGE LEa. L :E= - :_ N0:..OT 535-F888 4828 POS --- -- -
•
STATE OF FLORIDA
COUNTY OF ORANGE
SWORN to and subscribed freely and voluntarily for the
purposes therein expressed before me by
known to me to be the person
described in and who executed the foregoing, this day
of , 1994 .
WITNESS my hand and official seal in the County and State
last aforesaid this day of , 1994 ,
Notary Public
Print Name:
My Commission Expires:
G d.e1i.krAtiBATTAGLIA FRUIT COMPANY, a
s�tFlorida corporation
By:
Name:
Title:
fr1.+Na•ef`l''
(Corporate Seal)
•
-7-
I ll:UM-1INi LU.LEur+L qtr ! ,. .;U:- 1' =-_---_._ 8 �O
STATE OF FLORIDA
COUNTY OF ORANGE
The foregoing instrument was acknowledged before me
this day of , 199 by of BATTAGLIA
FRUIT COMPANY, a Florida corporation, on behalf of the
corporation. He/she is personally known to me or has
produced as identification' a
a
WITNESS my hand and official seal in the County and State
last aforesaid this day of , 1994 .
Notary Public
Print Name:
My Commission Expires:
igned, s- - 1=v ivered
in the pres;nce
4111111116.
AMY:sac5807 01/12/94
-8-
{•
FIRST AMENDMENT DRAFT
TO
ORANGE COUNTY/CITY OF OCOEE
WATER SERVICE TERRITORIAL AGREEMENT
(CONTRACT NO. W-88-06)
THIS FIRST AMENDMENT TO ORANGE COUNTY/CITY OF OCOEE
WATER SERVICE TERRITORIAL AGREEMENT (the "Amendment") is made and entered
into this day of , 1993, by and between ORANGE COUNTY, a political
subdivision of the State of Florida(hereafter "County")and the CITY OF OCOEE,FLORIDA,
a municipality created under Florida law and located in Orange County, Florida (hereafter
"City").
WHEREAS, the City and the County entered into that certain Orange
County/City of Ocoee Water Service Territorial Agreement (Contract No. W-88-06) ("Water
Service Agreement") dated November 14, 1988, by and between the County and the City, as
recorded on November 23, 1988 in Official Records Book 4034, Page 291, Public Records of
Orange County, Florida; and
WHEREAS, the City and the County desire to modify and alter the Territorial
Boundary, as that term is defined in the Water Service Agreement, in accordance with the
provisions set forth herein; and
WHEREAS, Section 4 of the Water Service Agreement provides that the City and
the County may alter the Territorial Boundary by mutual consent by the preparation of a
document fully describing such alteration, which document is approved by the governing boards
of each party and provides the legal description and map of the proposed new Territorial
Boundary; and
WHEREAS, this Amendment fulfills the requirements set forth in Section 4 of
the Water Service Agreement and has been approved by the governing boards of each party.
NOW, THEREFORE, in consideration of the mutual premises contained herein,
and other consideration, the receipt and sufficiency of which is hereby acknowledged, the City
and the County hereby agree as follows:
1. The above recitals are true and correct and are incorporated herein by this
reference.
2. The Composite Exhibit "A" attached to the Water Service Agreement is
hereby deleted in its entirety, and the Territorial Boundary and the City's Territorial Area shall
be described and generally depicted in the new Composite Exhibit "A" attached hereto and
incorporated by this reference into the Water Service Agreement.
3. Notwithstanding anything contained herein or in the Water Service
Agreement to the contrary, in the event either party to the Water Service Agreement is the
owner of real property located in the other party's water service territorial area, then the owner
of such real property may obtain, at such owner's sole option, water service from either the City
Territorial Area or the County's territorial area.
4. Except as changed, amended and modified by this Amendment, the terms
and provisions of the Water Service Agreement shall remain unchanged and in full force and
effect.
•
IN WITNESS WHEREOF, the County and City have executed this Amendment
on behalf of the County and City, respectively, and have set their seals hereto as of the date and
year first above written.
COUNTY
ORANGE COUNTY, FLORIDA
By:
Chairman of the Orange
County Commission
Executed on: , 1993
Attest: Martha O. Haynie, County
Comptroller as Clerk of the Board
of County Commissioners
By:
Deputy Clerk
(SEAL)
FOR USE AND RELIANCE OF ORANGE APPROVED BY THE ORANGE COUNTY,
COUNTY, FLORIDA ONLY. APPROVED COMNIISSION AT A MEETING HELD
AS TO FORM AND LEGALITY. ON , 1993
this — day of , 1993. UNDER AGENDA ITEM NO.
By:
Name:
Its: Assistant City Attorney
2
CITY
CITY OF OCOEE, FLORIDA
By:
S. Scott Vandergrift, Mayor
Executed on: , 1993.
Attest:
Jean Grafton, City Clerk
(SEAL)
FOR USE AND RELIANCE ONLY APPROVED BY THE OCOEE CTIY
BY THE CITY OF OCOEE, FLORIDA COMMISSION AT A MEETING
APPROVED AS TO FORM AND LEGALITY HELD ON , 1993
this day of , 1993. UNDERAGENDAITEMNO.
Foley & Lardner
City Attorney
3
• .
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
and , personally
known to me to be the Chairman of the Orange County Commission and Deputy Clerk,
respectively, of Orange County, 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 County and that they did not take an oath.
WITNESS my hand and official seal in the County and State last aforesaid this
day of , 1993.
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):
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 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 , 1993.
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):
CAWS\DOCS\OCO El l srAME(D 110/1319311 s W 015 I DPB dp
4
FIRST AMENDMENT DRAFT
TO •
ORANGE COUNTY/CITY OF OCOEE
SEWER SERVICE TERRITORIAL AGREEMENT
(CONTRACT NO. S-87-8)
THIS FIRST AMENDMENT TO ORANGE COUNTY/CITY OF OCOEE
SEWER SERVICE TERRITORIAL AGREEMENT (the "Amendment") is made and entered
into this day of , 1993, by and between ORANGE COUNTY, a political
subdivision of the State of Florida(hereafter "County") and the CITY OF OCOEE, FLORIDA,
a municipality created under Florida law and located in Orange County, Florida (hereafter
"City").
WITNEa5ETH:
WHEREAS, the City and the County entered into that certain Orange
County/City of Ocoee Sewer Service Territorial Agreement formerly known as the Orange
County/Prima Vista Utility Company, Inc. Sewer Service Territorial Agreement (Contract
No. S-87-8) dated June 8, 1987, by and between the County and Prima Vista Utility Company,
Inc. ("PVU"), as recorded on June 10, 1987, in Official Records Book 3894, Page 1363, Public
Records of Orange County, Florida, as assigned by PVU to the City by Assignment of Sewer
Service Territorial Agreement dated November 30, 1987, by and between PVU and the City,
and as amended by Letter Agreement S-1 dated July 13, 1988 (collectively, the "Sewer Service
Agreement"); and
WHEREAS, the City and the County desire to modify and alter the Utility's
Potential Contract Territory, as that term is defined in the Sewer Service Agreement, in
accordance with the provisions set forth herein; and
WHEREAS, Section 4 of the Sewer Service Agreement provides that the City and
the County may increase or decrease the Utility's Potential Contract Territory by written consent
of both parties and upon any necessary approvals, certificates, or amendments thereto that may
be required by any governmental agency or body having jurisdiction thereof under applicable
law; and
WHEREAS, this Amendment fulfills the requirements set forth in Section 4 of
the Sewer Service Agreement and has been approved by the governing boards of each party.
NOW, THEREFORE, in consideration of the mutual premises contained herein,
and other consideration, the receipt and sufficiency of which is hereby acknowledged, the City
and the County hereby agree as follows:
1. The above recitals are true and correct and are incorporated herein by this
reference.
2. The Exhibit "A" attached to the Sewer Service Agreement is hereby
deleted in its entirety, and the Utility's Potential Contract Territory shall be amended to lay
within the boundaries described in the new Exhibit "A" attached hereto and incorporated by this
reference into the Sewer Service Agreement.
3. Notwithstanding anything contained herein or in the Sewer Service
Agreement to the contrary, in the event either party to the Sewer Service Agreement is the
owner of real property located in the other party's sewer service territorial area, then the owner
of such real property may obtain, at such owner's sole option, sewer service from either the
territorial area of such party or from the territorial area of the other party.
4. Except as changed, amended and modified by this Amendment, the terms
and provisions of the Sewer Service Agreement shall remain unchanged and in full force and
effect.
IN WITNESS WHEREOF, the County and City have executed this Amendment
on behalf of the County and City, respectively, and have set their seals hereto as of the date and
year first above written.
COUNTY
ORANGE COUNTY, FLORIDA
By:
Chairman of the Orange
County Commission
Attest: Martha O. Haynie, County Executed on: , 1993
Comptroller as Clerk of the Board
of County Commissioners
By:
Deputy Clerk
(SEAL)
FOR USE AND RELIANCE OF ORANGE APPROVED BY TSE ORANGE COUNTY,
COUNTY, FLORIDA ONLY. APPROVED COMMISSION AT A MEETING HELD
AS TO FORM AND LEGALITY. ON , 1993
this _ day of , 1993. UNDER AGENDA ITEM NO.
By:
Name:
Its: Assistant City Attorney
2
CITY
CITY OF OCOEE, FLORIDA
By:
S. Scott Vandergrift, Mayor
Executed on: , 1993.
Attest:
Jean Grafton, City Clerk
(SEAL)
FOR USE AND RELIANCE ONLY APPROVED BY THE OCOEE CITY
BY THE CITY OF OCOEE, FLORIDA COMMISSION AT A MEETING
APPROVED AS TO FORM AND LEGALITY HELD ON , 1993
this day of , 1993. UNDER AGENDA ITEM NO.
Foley & Lardner
City Attorney
3
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
and , personally
known to me to be the Chairman of the Orange County Commission and Deputy Clerk,
respectively, of Orange County, 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 County and that they did not take an oath.
WITNESS my hand and official seal in the County and State last aforesaid this
day of , 1993.
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):
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 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 , 1993.
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):
CAWPSl1DOCS\OCoE11SCAMF(o.SEW I 10/13/93 118W015 I DPBslp
4
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* — OCOEE / ORANGE COUNTY
DTI= SERVICE BOUNDARY
NOVEMBER, 1993
/'..\
01/18/94 13:01 12407 648 1743 FOL.EY & LARDNER 0002/003
Oange
Cou_
nt �S
L-c i Attorney
201 South Rosalind Avenue-5th Floor
Reply To:Post Office Box 1393
Orlando,Florida 328021393
Telephone(407)836-7320
FAX(407)8366-5888
TO:' Linda Chapin, County Chairman
and the
Board of County Commissioners f`�; � �-�. m1,7 i• p �,
FROM: Alison M. Yurko zr I=
1..:._ _z= •• �+.' :J Vi d it14�
Assistant County A torney
DATE: January 13, 1993 •
RE:, (1) Draft Joint Planning Area Agreement Between Orange
County and the City of Ocoee; (2) Draft Amendments to
Water and Sewer Territorial Agreements between Orange
County and the City of Ocoee; and (3) Settlement
Agreement Partially Dismissing with Prejudice Case No.
CI93-245
Attached please find the above referenced drafts which
will be the subject of the closed session with the Board of
County Commissioners to be held on' January 18, 1994. These
Agreements "(along with' a fourth agreement to be distributed
under separate cover pertaining to the Battaglia parcel) will _
also be considered by the Board of County Commissioners at its .
hearing on January 25, 1994 which is set for 3:00 p.m. in the
Orange County Board of County Commissioners' Chambers (201 S.
Rosalind Avenue) .
LWC/AWE:sac5781
Attachment
cc: Jean Bennett, County Administrator
Tom Wilkes, County Attorney
Bruce McClendon, Director, Planning & Development
Division
David Heath, Manager, Planning Department
Chris Testerman, Planning Department
Byron Brooks, Deputy County Administrator
J Howard Tipton, Deputy County Administrator
A. Bryant Applegate, Assistant County Attorney
Miranda F. Fitzgerald, Attorney at Law, Lowndes,
Drosdick, Roster, Kantor & Reed
Nick Pope, Esq. , Lowndes, Drosdick, Roster, Kantor
& Reed
Gerald Chancellor, Wingfield Development Corporation
Martin Kreidt, Planning & Development, Inc.
.haul-Eosentha3,E q::-=-Fntet & fn r-
01/18/94 13:02 '$407 043 1743 FOLEY & LARDNER al 003/003
,114i .
NOTICE OF PUBLIC REARING `
V:er
NOTICE IS HEREBY GIVEN that the Board of County Commissioners'rill
hold a public hearing on January 25, 1994. at 3:00 p.a., in the
County Commissioners' Chambers, First Floor, County Administration
Center, 201 South Rosalind Avenue, Orlando, Florida, to consider:
'APPROVAL OF: (1) A JOINT PLANNING AREA AGREEMEZI T BETWEEN
ORANGE COUNTY AND THE CITY OF OCOEE; (2) REVISIONS TO THE
; EXISTING WATER AND SEWER TERRITORIAL AGREEMENTS BETWEEN
ORANGE COUNTY AND THE CITY OF OCOEE; AND (3) A
iCORRESPONDING SETTLEMENT AGREEMENT, ALL IN FURTHERANCE OF
! SETTLEMENT OF CASE NO. CI93-245 BETWEEN ORANGE COUNTY
(PLAINTIFF) AND THE CITY OP OCOEE (DEFENDANT) .
i
Any person wishing to appeal any decision made by the Board of
County Commissioners at this meeting will need a record of the
proceedings. For that purpose, such person may need to ensure that
a verbatim record of the proceedings is made, which record includes
the testimony and evidence upon which the appeal is to be based.
All interested parties are invited to attend and be heard.
Martha 0. Haynie, County Comptroller
As Clerk of the Board of County Commissioners
Orange County, Florida
Rosilvn M. Stanier.=
f Deputy Clerk
Publish: January 6. 1991
Orlando Sentinel
Legal Classifieds
ala
•